Title
Ordering the razing and removal of the structures at 1037 JESSIE ST within fifteen (15) days after the March 16, 2011 City Council Public Hearing.
Body
WHEREAS, the Department of Safety and Inspections has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two story, wood frame, single family dwelling and its two stall, wood frame detached garage located on property hereinafter referred to as the "Subject Property" and commonly known as 1037 JESSIE ST. This property is legally described as follows, to wit:
Fairview Addition Lot 4 Blk 7
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by the Department of Safety and Inspections on or before September 20, 2010, the following are the now known owners, interested or responsible parties for the subject property: BR Education Trust Llc, 4312 Meghan Ln, Saint Paul MN 55122-3026; JP Morgan Chase Bank NA, 7255 Baymeadows Way, Jacksonville FL 32256; Platinum Bank, 7667 10th Street North, Oakdale MN 55128; Pro Build Co LLC, PO Box 956, Lakeville MN 55044; Payne Phalen District 5 Planning Council; and
WHEREAS, the Department of Safety and Inspections has notified the known owners, interested or responsible parties of the "Order to Abate Nuisance Building(s) pursuant to Saint Paul Legislative Code Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or wreck and remove the structures(s) located on the Subject Property by January 18, 2011; and
WHEREAS, the enforcement officer has posted on December 17, 2010, a placard on the Subject Property declaring this building(s) to constitute a nuisance condition, subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and the Department of Safety and Inspections requested the City Clerk schedule public hearings before the Legislative Hearing Officer and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and
WHEREAS, a hearing was conducted before the Legislative Hearing Officer of the City of Saint Paul City Council on February 22, 2011 at which the staff put the following information into the record:
1. This is a two-story wood frame single-family dwelling with a detached two-stall garage on a lot of 4,792 square feet, that has been a vacant building since July 23, 2010.
2. The current property owner is BR Education Trust LLC per Ramsey County Property records.
3. There have been three (3) Summary Abatement Notices since 2009 resulting in three (3) Work Orders issued for boarding and securing, garbage and rubbish removal, tall grass and weeds removal.
4. On November 22, 2010, an inspection of the building was conducted; a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An Order to Abate a Nuisance Building was posted on December 16, 2010 with a compliance date of January 18, 2011. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code.
5. The Vacant Building registration fees were assessed on September 17, 2010.
6. As of February 18, 2011, a Code Compliance Inspection has not been done and the $5,000 performance deposit has not been posted.
7. Ramsey County Real Estate taxes for 2010 are delinquent in the amount of $3,657.72 plus penalty and interest. Taxation has placed an estimated market value of $14,600 on the land and $114,600 on the building.
8. Code Enforcement officers estimate the cost to repair this structure between $80,000 and $100,000; demolition between $9,000 and $11,000.
9. The Department of Safety and Inspections (DSI), Division of Code Enforcement, recommends removing this structure within fifteen (15) days.
10. PED-HPC reported that this is actually a substantial property. It's a two and one-half story Queen Anne style built in 1916. It has wide over-hanging eaves. Some leaded glass windows are still in tact, now, damaged by the fire. This house is also in a neighborhood with some substantial important historic properties. It's close to 955 Jessie, eligible for an Historic house designation. A preservation award was given to the owner of 955 Jessie Street for restoration. It's also close to the Wilder Playground building at 958 Jessie Street and the Ludwig Johnson at 601 Case. There are several buildings around here that were highlighted in the HPC 1983 survey. The area will also be re-surveyed in the 2011 HPC survey. This would have been a contributing property as part of a potential district of neighborhood; and
WHEREAS, after reviewing testimony and evidence, the Legislative Hearing Officer made the recommendation to approve the request to order the owners, interested or responsible parties to make the Subject Property sage and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by wrecking and removing the structure in accordance with all applicable codes and ordinances, which is to be completed within fifteen (15) days after the date of the Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on March 16, 2011, and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now, therefore, be it
RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 1037 JESSIE ST:
1. The Subject Property comprises a nuisance condition as defined in the Saint Paul Legislative Code;
2. That costs of wrecking and removal of this building(s) is estimated to exceed $5,000;
3. That there now exists and has existed multiple Housing or Building Code violations at the Subject Property;
4. That an Order to Abate Nuisance Building(s) was sent to the then known owners, interested and responsible parties to correct the deficiencies or to wreck and remove the building(s);
5. That the deficiencies causing this nuisance condition have not been corrected;
6. That the Department of Safety and Inspections has posted a placard on the Subject Property which declares it to be a nuisance condition, subject to wrecking and removal;
7. That this building(s) has been routinely monitored by Department of Safety and Inspections Vacant/Nuisance Buildings staff; and
8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Saint Paul Legislative Code Chapter 45 have been fulfilled.
and be it
RESOLVED, that the Saint Paul City Council hereby makes the following order:
1. The above-referenced owners, interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by wrecking and removing this structure(s) and correcting all deficiencies as prescribed in the above-referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances. The wrecking and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing;
2. If the above corrective action is not completed within this period of time, the Department of Safety and Inspections is hereby authorized to take whatever steps are necessary to wreck and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code;
3. In the event the building is to be wrecked and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the wrecking and removal shall be removed from the Subject Property by the owners or responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law; and
4. It is further ordered that a copy of this resolution be mailed to the owners, interested and responsible parties in accordance with Chapter 45 of the Saint Paul Legislative Code.