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Ordering the razing and removal of the structure(s) at 806 THOMAS AVENUE within fifteen (15) days after the August 17, 2011 City Council Public Hearing.
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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 razing and removal of a one and one-half story, wood frame, single family dwelling and its detached, three stall, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly known as 806 THOMAS AVENUE. This property is legally described as follows, to wit:
Chute Brothers Division no. 14 Lot 2
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 April 26, 2011, the following are the now known owners, interested or responsible parties for the subject property: Lori Mattix, 645 Van Buren Ave, Saint Paul MN 55104-1658; Citi Residential Lending, 10801 6th Street, Rancho Cucamonga CA 91730; Minnesota Dept of Human Services, 444 Lafayette Road, St Paul MN 55155-3863; Usset, Weingarden & Liebo, 4500 Park Glen Road #300, Minneapolis MN 55416; Frogtown Neighborhood Association; 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 raze and remove the structures(s) located on the Subject Property by June 20, 2011; and
WHEREAS, the enforcement officer posted a placard on the Subject Property on May 20, 2011 declaring the 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 July 26, 2011 at which time staff put the following information into the record:
1. This is a 1-1/2 story wood frame single family dwelling with a detached garage on a lot of 4,792 square feet and has been vacant building since March 4, 2010;
2. The current property owner is Citi Residential Lending per Ramsey County property records;
3. On May 11, 2011, 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 May 19, 2011 with a compliance date of June 20, 2011. As of this date, the property remains in a condition which comprises a nuisance as defined by the Legislative Code;
4. Taxation has placed an estimated market value of $15,300 on the land and $31,100 on the building. The taxes are current;
5. The Vacant Building registration fees were paid by assessment on March 23, 2011;
6. A Code Compliance Inspection has not been done and the $5,000 performance bond has not been posted;
7. There have been seven (7) Summary Abatement Notices since 2010 and seven (7) Work Orders issued for boarding/securing, garbage/rubbish; grass/weeds, and snow/ice;
8. Code Enforcement officers estimate the cost to repair the structure to be between $90,000 and $100,000 and the cost to demolish to be between $12,000 and $15,000;
9. Heritage Preservation Commission (HPC) staff reported that the structure was built in 1895 with multiple additions. The front porch as been enclosed and the original siding is covered. It is in the Frogtown Legacy Survey Area. Because of loss of integrity, HPC staff will allow for demolition with no adverse affect if approved.
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 safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by razing and removing the structure(s) 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 August 17, 2011and 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 806 THOMAS AVENUE:
1. The Subject Property comprises a nuisance condition as defined in the Saint Paul Legislative Code;
2. That costs of razing 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 and interested and responsible parties to correct the deficiencies or to raze 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 razing 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 razing and removing the structure(s) in accordance with all applicable codes and ordinances. The razing and removal of the structure(s) 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 raze 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 razed and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the razing 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.