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98-713t�RICINAI_ Presented By Referred To RESOLUTION OF SAINT PAUL, MINNESOTA _ �� Covncil File # `t$ -`113 Green Sheet # �_ Committee: Date WHEREAS, Department of Fire and Safery Services, Division of Code Enforcement 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 duplex with a detached, oversized, one-stall, wood frame garage with an attached shed located on property hereinafter referred to as the "Subject Property" and commonly known as 766 Jackson Street. This property is legally described as follows, to wit: Lot 13, Block 2, Drake's 2nd Addition to the City of St. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enfarcement on or before April 1, 1998, the following are the now known interested or responsible parties for the Subject Property: Indusriy Mortgage Company LP, 5901 E. Fowler Avenue, Tampa, FL 33617-2362, AYm: Cindi Surridge; Shapiro & Nordmeyer, 7300 Metro Blvd., Ste. 390, Edina, MN 55439-2306, Attn: Beth Assmusen WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul L,egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 5, 1998; and WHEREAS, this arder informed the then l�own interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by June 4, 1998; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declazing this building(s) to constitute a nuisance condition; subject to demoliuon; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the I.egislative Aearing Officer of the Ciry Council 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 L,egislative Code, of the time, date, place and purpose of the public hearings; and 0�) .�7��.� QY-'lt3 1 EREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on T`uesday, July 21, 1998 to hear testimony and evidence, and after receiving testimony 3 and evidence, made the recommendation to approve the request to order the interested or responsible 4 parties to make the Subject Properry safe and not detrimental to the public peace, health, safety and 5 welfaze and remove iu biighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 7 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 8 demolition of the structure to be completed within fifteen (15) days after the date of the Council 9 Hearing; and 10 11 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 5, 12 1998 and the testimony and evidence including the action taken by the Legislative Hearing Officer 13 was considered by the Council; now therefore 14 15 BE IT RESOLVED, that based upon the testimony and evidence presented at the above 16 referenced public hearings, the Saint Paul City Council hereby adopts the foilowing Findings and 17 Order concerning the Subject Properry at 766 Jackson Street: 18 19 1. That the Subject Property comprises a nuisance condirion as defined in Saint Paul 20 L,egislative Code, Chapter 45. 21 22 2. That the costs of demolition and removal of this building(s) is estimated to exceed 23 three thousand dollars ($3,000.00). 24 25 3. That there now exists and has existed multiple Housing or Building code violations at 26 the Subject Property. 27 28 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible 29 parties to correct the deficiencies or to demolish and remove the building(s). 30 31 5. That the deficiencies causing this nuisance condition have not been corrected. 32 33 6. That Division of Code Enforcement has posted a placard on the Subject Property 34 which declares it to be a nuisance condition subject to demolition. 35 36 7. That this building has been routinely monitored by the Department of Fire and Safety 37 Services, Division of Code Enforcement, VacanUNuisance Buildings. 38 39 8. That the lmown interested parties and owners are as previously stated in this 40 resolution and that the notification requirements of Chapter 45 have been fulfilled. 41 42 ORDER 43 The Saint Paul City Council hereby makes the following order: 4A 45 1. The above referenced interested or responsible parties shall make the Subject Property safe 46 and not detrimental to the public peace, health, safety and welfare and remove its blighting 47 influence on the community by rehabilitating this structure and correcting all deficiencies as 48 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with 49 all applicable codes and ordinances, or in the alternative by demolishing and removing the 50 structure in accordance with all applicable codes and ordinances. The rehabilitation or 51 demolition and removal of the structure must be completed within fifteen (15) days after the 52 date of the Council Aeazing. ORIGINAL q�-�� 2. If the above corrective action is not completed within this period of time the Fire and Safety Services, Division of Code Enforcementis hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the S�bject Properry pursuant to the provisions of Chapter 45 of the Saint Paul I.egislative Code. 3. In the event the building is to be demolished and removed by the City of 5aint Paul, all personal properry or fi�ztures of any kind wluch interfere with the demolition and removal shall be removed from the properry by the 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 properiy as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: Adoption Certified by Council Secretary By: Appr By: Fire• Co Enforcement Division By: Form Approved by City Attorney �' � � Adopted by Council : Date '"�� . 1� j� R8 -�►� Division of Code Enforcement �� 06/19/98 GREEN SHEET r,o 61610 292-7718 August 5, 1998 p �/. �� a� onnEx TOTAL # OF SIGNATURE PAGES �.��.�. � d,�,.,,� �j� q� �«� � �+�.�,�.� ❑ �.��.a � �� wraefdewaesnwrl (CLIP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will arder the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Department of Fire and Safety Services, Division of Code Enforcement is ordered to remove the building. The subject property is located at 766 Jackson Street. PLANNING CAMMISSION CIB CAMMITTEE CML SERVICE COMMISSION .,Er Z°- sy5. .«,�,.,.�xR...�.,.�..,.,..,..,,,.w.,..�....�......,...�..�.�,....,.,. t. Has Nis Pe�soMrm eMer varked under a contraG torihis depaAment? YES NO �" °' 2. Hm tlxs Pa��rm ever been a ciq' emVbY�7 YES NO 3. Does Mis P� P� a sldll not normal�YDo6s�s� t+Y anY arteM a7Y emPbY�7 Y6S PIO 4. Is Mis pdaoMm� atergeted ventloYt . - YES NO When. Where. WhY) This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 766 Jackson 5treet by June 4, 1998, and have failed to comply with those orders. ` ' � ADVAMAGES IF APPROVED k? :.;: '7 = ,..; °� y .. i1Vt� �G:d l3J� The City wili eliminate a nuisance. �� $��$ The City will�spend fwids to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. vH�yii+.�ca ir n.�� n ns+v�•• niusance con ihon will remain unabated in the City. This building(s) will continue to blight the community. , - > 'OTAL AIdOUNT OF TRANSACTION S COST/REVENUE BUDGETED (GRCLE ON� YF3 NO Nuisance Housing Abatement 1 'UNDINO SOURCE ACTNITI' NUMBER INFORMATION (EJ�WN) Councs! R�search �fir#e� JUN. ROUTING ORDER: Helow a�e:cotrect mutings for the six most &equent types of doc�entc: eorrr�nc2s �� mn��ab,�a�i �} courrcb x�coLtrriox ��abvag�� j, � � � 1 outsiaeAgeacy t Departmentvuector 2 DepartmentDitectar ' 2:' OfficeofFin�cialSeivices77i:ector 3. CitY Attorne% 3. , City Attamey ''", , 4. ivFayor/Assistanl (f� contiacts ova $25,000) 4. ivFayor/Asvstant , �s. '�ffi� E�� o� sso,000� s.� c�y c��i � � � � � � � � � 6.�, Office ofFinancial Services� - Accounting 6. , Offce ofEiaenciai Services - Acxonnting �; � � � � � , AD1vIQdISTRAITVE ORDERS (BudgetRevision) COi7NCiL RESOI.UTION (a11 otheis and Ordinences) ' AchvitYManaBerorDePadmentAccoimtant 1, DeParfineatDsector ,' � � � 2. Depmimenf Duectar 2. City Att�c.y � � >�3. 'O�ceofFinsnciai�SeiivicesDi[ector ' � 3.'MayorlAsvctant ��, � � 4. CityCTerk , 4.' CitpCoii�1 ' 5. Office ofFinancial3ervioes - Accounfing AD1�9�IiSTRA1TVE'ORDIIZS �(all otheis) � F,S��CL7TIVE,ORDER � � � , ,, -I- DegartmentDuector � � � 1?"Depa��t�D�r � � � � � � � � 2- CitY AttomeY 2' CitS` Atkome9 � �� 3.�9�ceofEinancialSeavicesDirector � 3. Mapaa�lAQCict�'r� � � � � � � � � � , 4. C�LY Clerk' 4- City Clerk " T,OTAL NUMBE[Z OF SIGNATURE PAGES ' Indicate tfie # ofpages on which signatures ace reqnired a�d p'apemlip or flag each of theae pagea: "ACTIONREQUESTED � � � � � � � � �� , �'Desca�bewLettheproj�uestsee]c.ctoaccomplishmeitherctiionologicaladeroroiderofimportence,wh'tcheveris , , �' � � sPPmP?iate � . � : . p , _ � � � � most fot the issue. Do not, ' , wrtfecompi�swtence.s. Be�nearhrtem'in�,o�lvstwith�a�vub.�' „ , RECO�NDATIONS ' Cav�letciftheissaeinqoesRanlias.be�P?�o��9�YP?�Yicorprivate.' � � � � ' PERSONAL SERVICE CONTRACTS: ' This i�mmafion will be used to detecmine the cit}�s liabilityfor workeis compensetion claims, taxes � proper civil service hiiingxutes. � INITfATIN(i PROBLEh� ISSII$ OPPORTFJNITY ' � � �� Explsin the sli�aTion a conditions that created, a need forY�'P?�1�, � re4� ' � , ADOANPAGFS �IF APPRO,VED � � � � � � � � � �� Indicete whethec thus is �mP �� 6 �8�,Procad�e naq�a�ad b9law/chaiter orivhethec tl�e are specifie ways in ,, ., ' � � � w9iichthe"Citp�SaintP��ilaodits'citizeos,willhenefit�&o�lluspiojecUacfian.� '�' � � ' , . �� DISADVANfAU"�S3[?�APPROVED � �� e8'eds chmges to e�shng or past �� pro� � assed „ ' z.� � noise, ) For hovr� 1�1� PT�� P, � � ��fiis '( &. h'e�c de mceeases, or assessments ?'fo DISADVANTAC�S IF NOT APPROVID , What wi11be the sega4ve conseque�es iEthe promised actron is hot appcobed? �uability to'detiVer service7 Cont�e , Ligh tiaffic, ��oise, accident rate? I.oss ofrev�ue? � � � � � � � � � � „ ' � FINANCLAL IldPACT � � � �� , � � � � � � ' Althwighywmasttsitorthei�oimationyquprovideheietotheissaeyon�eaddr�sing mgeneratponmashansiver' twoqueshons:Hov�muehisitgoing�to'costY Whois�goingtopay7 � �� , „ . , � . � . �, � �,. , �,.�� Q$ -� 1� REPORT I�1�Le7�.`]4:�IYlt _.77'17I\:i�(i'J Date: 7uly 21, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard Gerry Strathman Legislative Hearing Officer Summary abatement appeal for 230/240 Dale Street North The I.egislative Hearing O�cer recommends denying the appeal. 2. Resolution ordering the owner to remove or repair the building locuted at 875 Watson Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legis]ative Hearing Officer recommends laying over to the September 15 Legislative Hearing. 3. Resolution ordering the owner to remove or repair the building located at 766 Jackson Street. If the owner fails to comply with the resoluuon, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends approval of the fifteen day order to remove or repair. 4. Vehicle abatement appeal for 224 West Cottage Avenue. The Legislative Hearing Officer recommends denying the appeal. qg-�\� MINUTES OF THE LEGISLATIVE HEARING 7uly 21, 1998 Room 330, City Hall Gerty Suathman, I,egislative Hearing Officer STAFF PRESENT: Jeff Hawkins, Code Enforcement; Steve Magner, Code Enforcement Gerry Suathman called the meeting to order at 10:03 am. 230/240 Dale Street North Laurel March, owner, appeazed and presented two documents to Gerry Strathman: one showed where the building was ]ocated and the other documents was entifled Declaration of Covenants, Easements and Restrictions. Ms. March stated there aze six pazcels to this land. The seventh pazcel holds six garages. Ms. March owns Pazcels C and D. Each individual pazcel has a designated stali. Ms. March has a right to use Parking Stalls C and D. There aze six different tenants and four different owners. The declazation reads that the "owner shall be liable for the expense of repairing or rebuilding the building or structure invoived to the extent that such expenses are not covered by insurance maintained by the owner." The Declaration also reads "Each Owner shall use the Garage Pucel in such a way so as not to create a nuisance or dangerous condition..: ' Ms. March stated over the yeazs these properties have been a place for peopie to drop off caz engines, tires, and other garbage. There has been a lot of breaking in, breaking down, and breaking off of gazage doors. Once opened, the gazage becomes a receptical for the garbage. For the first seven or eight years, Ms. March was billed and paid it. Ms. Mazch decided she was not going to just pay it anymore. The maintenance and the repair is shared by everyone except when it is necessitated by the intentional or negligent acts of one of the owners. Gerry Strathman asked is it Laurel Mazch's contention that the situation is the result of the negligent or intentional acts of the owners. Ms. Mazch responded yes. The person assigned to that stall has the responsibility for maintaining it; if she has not done anything, then it is intentional. Jeff Hawkins, Code Enforcement, reported 230/240 Dale Street North has been a chronic problem. Laurel Mazch is the only owner that works with Code Enforcemeat. The other owners say it is not their responsibility or they have not called back. It was Mr. Hawkins understanding that this property was common ground. Ms. Mazch provided paperwork to verify that. A couple of the owners and the real estate agent say it is not common ground. Any repeat visits to 230/240 Dale wiil be a citation each time. It has to be determined if the tags will go to all six people. The owners are responsible in the end because they can screen their tenants. Laurel March stated she does not believe the gazbage is coming from the tenants. Jeff Hawkins responded a lot of it is coming from the tenants, too. IIe drove by about three week ago and the tenants in 238 and 240 were throwing gazbage out on the boulevazd. They must have been moving out. Code Enforcement put a stop to it. The trash receptacles aze not being used. ��' MINITTES OF THE LEGISLATIVE HEARING OF 7-21-98 Page 2 Gerry Strathman stated the real issue is if the abatement order directed to the right pariy. Laurel Mazch agreed that is the issue. Mr. Strathman asked why the order was directed to Ms. March specifically. Jeff Hawkins stated there aze several abatement orders to Ms. March and the other owners. The first one went to Ms. March who conected Mr. Hawkins and said it wasn't her garage but a common interest. Then Mr. Aawkins summary abated everyone. Gerry Strathman stated it dces seem that Ms. March's position is reasonable, that the owner of the garage is not maintaining it, and is being neglectful. Ms. March stated actually she is 1/6 owner, but she does not have the right to use it or maintain it. Mr. Hawkins stated the declazation does say any cost to maintaining or upkeeping is all split by 1/6. Mr. Strathman stated it is up to the courts to determine liability and not a detemunation to be decided here, however Ms. Mazch's interpretation is reasonable and is an interpretation that Code Enforcement could follow. Gerry Suathman asked has it been abated yet. Jeff Iiawkins responded the City cleaned out the garage on June 23 for $705. The City has also boazded it. Mr. Strathman asked if this abatement is appealed, how was the order done. Mr. Hawkins responded Code Enforcement was receiving 2 or 3 complaints a week. Normally this appeal would have been heard in June; it was put off until July 7. The gazbage could not wait. Mr. Strathman stated since the abatement has been done, the issue is who is going to pay for it. The thing to do is send the assessment to the owner of the garage. Mr. Strathman suggested Code Enforcement made the assessment to that property owner. If that person wants to contest the assessment, there wiil be another hearing. Mr. Hawkins stated it seems to be one gazage that is dumped on all the time. Gerry Strathman recommends denying the appeal. 875 Watson Avenue Jim Nelson and Laura Canada, W9610 295�' Avenue, Hager City, Wisconson, appeazed. Their bid was accepted on July 16 for purchase of the property. Steve Magner reported this building has been vacant since August 21, 1997. The current owner is Housing and Urban Development (HUD). There have been five summary abatement notices for securing the dwellang and garage, cut tall grass and weeds, remove refuse and debris. The City has had to boazd up this building. The vacant building fees and real estate ta�ces are paid. The estimated value is $40,200. The estimated cost to repair is $45,000. HUD has been unsuccessful in selling it. Photographs were shown to Gerry Sttathman. Gerry Strathman asked the prospective owners did they have a copy of the code enforcement report, and also when the purchase wiIl be completed. 3im Nelson and Laura Canada responded they do have a copy of the report and plan to complete the purchase within 60 days. Mr. Nelson stated he just started the process for acceptance of a construction loan. When the loan goes through, a closing date can be set. Their intent is to remove the gazage, take caze of the outside structures, and then start on the interior. Mr. Strathman stated flnce ownership is established, a $2,000 bond will need to be posted. �1�-�� MINLJTES OF THE LEGISLATIVE HEARING OF 7-21-98 Page 3 Mr. Strathman received one letter from a neighbor asking for the properry to be demolished. Gerry Strathman recommends laying over to September 15 for the ownership to be established. 766 Jackson Sfreet No one appeared representing the property. Steve Magner reported the owners have done some of the work. Mr. Magner has had no contact with the owner or their zepresentative concerning plans for the building. Gerry Strathman recommends approval of the fifteen day order to remove or repair. 224 West Cofta2e Avenue No one appeared representing the properry. 7eff Hawkins reported the vehicle has been removed. Gerry Suathman recommends denying the appeal. The meeting was adjoumed at 10:41 DEPARI'MENT OF FIRE A.�'D SAFETY SERVICES Timothy K Fufler, Fire Chref DIVISION OF PROPERTY CODE ENFORCEMENC Charles Yotel, Progrnm Director �� 1� �.r CTTY OF SAINT PAUL Narm Coleman, Mayor Nuirance Building Code Enforcement S55 Cedar Sbee[ TeL 671-298-4153 Sairst Pmtl, �LLY SSl01-1?60 F¢r.� 612-228-3170 June 19, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Department of Fire and Safety Services, VacandNuisance Buildings Enforcement Division has requested the Ciry Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 766 Jackson Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 21, 1993 City Council Hearing - Wednesday, August 5, 1998 The owners and responsible parties of record are: Name and L,ast Known Address Industry Mortgage Company LP 5901 E. Fowler Avenue Tampa, FL 33617-2362 Attn: Cindi Sunidge Shapiro & Nordmeyer 7300 Metro Blvd., Ste. 390 Edina, MN 55439-2306 Attn: Beth Assmusen Interest ��,� *�,esea � Mortgagee Ju� �' �` 1 �� Attomey for MortgaQee - � The legal description of this property is: Lot 13, Block 2, Drake's 2nd Addition to the City of St. Paul o� � _� �.� 766 Jackson Street June 19, 1998 Pa�e 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by corrzcting the deficiencies or by razing and removing this buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be coliected in the same manner as taxes. Si ely, �� Rene Weiss Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Services RW:ml cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 1 •:� t�RICINAI_ Presented By Referred To RESOLUTION OF SAINT PAUL, MINNESOTA _ �� Covncil File # `t$ -`113 Green Sheet # �_ Committee: Date WHEREAS, Department of Fire and Safery Services, Division of Code Enforcement 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 duplex with a detached, oversized, one-stall, wood frame garage with an attached shed located on property hereinafter referred to as the "Subject Property" and commonly known as 766 Jackson Street. This property is legally described as follows, to wit: Lot 13, Block 2, Drake's 2nd Addition to the City of St. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enfarcement on or before April 1, 1998, the following are the now known interested or responsible parties for the Subject Property: Indusriy Mortgage Company LP, 5901 E. Fowler Avenue, Tampa, FL 33617-2362, AYm: Cindi Surridge; Shapiro & Nordmeyer, 7300 Metro Blvd., Ste. 390, Edina, MN 55439-2306, Attn: Beth Assmusen WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul L,egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 5, 1998; and WHEREAS, this arder informed the then l�own interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by June 4, 1998; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declazing this building(s) to constitute a nuisance condition; subject to demoliuon; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the I.egislative Aearing Officer of the Ciry Council 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 L,egislative Code, of the time, date, place and purpose of the public hearings; and 0�) .�7��.� QY-'lt3 1 EREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on T`uesday, July 21, 1998 to hear testimony and evidence, and after receiving testimony 3 and evidence, made the recommendation to approve the request to order the interested or responsible 4 parties to make the Subject Properry safe and not detrimental to the public peace, health, safety and 5 welfaze and remove iu biighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 7 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 8 demolition of the structure to be completed within fifteen (15) days after the date of the Council 9 Hearing; and 10 11 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 5, 12 1998 and the testimony and evidence including the action taken by the Legislative Hearing Officer 13 was considered by the Council; now therefore 14 15 BE IT RESOLVED, that based upon the testimony and evidence presented at the above 16 referenced public hearings, the Saint Paul City Council hereby adopts the foilowing Findings and 17 Order concerning the Subject Properry at 766 Jackson Street: 18 19 1. That the Subject Property comprises a nuisance condirion as defined in Saint Paul 20 L,egislative Code, Chapter 45. 21 22 2. That the costs of demolition and removal of this building(s) is estimated to exceed 23 three thousand dollars ($3,000.00). 24 25 3. That there now exists and has existed multiple Housing or Building code violations at 26 the Subject Property. 27 28 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible 29 parties to correct the deficiencies or to demolish and remove the building(s). 30 31 5. That the deficiencies causing this nuisance condition have not been corrected. 32 33 6. That Division of Code Enforcement has posted a placard on the Subject Property 34 which declares it to be a nuisance condition subject to demolition. 35 36 7. That this building has been routinely monitored by the Department of Fire and Safety 37 Services, Division of Code Enforcement, VacanUNuisance Buildings. 38 39 8. That the lmown interested parties and owners are as previously stated in this 40 resolution and that the notification requirements of Chapter 45 have been fulfilled. 41 42 ORDER 43 The Saint Paul City Council hereby makes the following order: 4A 45 1. The above referenced interested or responsible parties shall make the Subject Property safe 46 and not detrimental to the public peace, health, safety and welfare and remove its blighting 47 influence on the community by rehabilitating this structure and correcting all deficiencies as 48 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with 49 all applicable codes and ordinances, or in the alternative by demolishing and removing the 50 structure in accordance with all applicable codes and ordinances. The rehabilitation or 51 demolition and removal of the structure must be completed within fifteen (15) days after the 52 date of the Council Aeazing. ORIGINAL q�-�� 2. If the above corrective action is not completed within this period of time the Fire and Safety Services, Division of Code Enforcementis hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the S�bject Properry pursuant to the provisions of Chapter 45 of the Saint Paul I.egislative Code. 3. In the event the building is to be demolished and removed by the City of 5aint Paul, all personal properry or fi�ztures of any kind wluch interfere with the demolition and removal shall be removed from the properry by the 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 properiy as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: Adoption Certified by Council Secretary By: Appr By: Fire• Co Enforcement Division By: Form Approved by City Attorney �' � � Adopted by Council : Date '"�� . 1� j� R8 -�►� Division of Code Enforcement �� 06/19/98 GREEN SHEET r,o 61610 292-7718 August 5, 1998 p �/. �� a� onnEx TOTAL # OF SIGNATURE PAGES �.��.�. � d,�,.,,� �j� q� �«� � �+�.�,�.� ❑ �.��.a � �� wraefdewaesnwrl (CLIP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will arder the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Department of Fire and Safety Services, Division of Code Enforcement is ordered to remove the building. The subject property is located at 766 Jackson Street. PLANNING CAMMISSION CIB CAMMITTEE CML SERVICE COMMISSION .,Er Z°- sy5. .«,�,.,.�xR...�.,.�..,.,..,..,,,.w.,..�....�......,...�..�.�,....,.,. t. Has Nis Pe�soMrm eMer varked under a contraG torihis depaAment? YES NO �" °' 2. Hm tlxs Pa��rm ever been a ciq' emVbY�7 YES NO 3. Does Mis P� P� a sldll not normal�YDo6s�s� t+Y anY arteM a7Y emPbY�7 Y6S PIO 4. Is Mis pdaoMm� atergeted ventloYt . - YES NO When. Where. WhY) This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 766 Jackson 5treet by June 4, 1998, and have failed to comply with those orders. ` ' � ADVAMAGES IF APPROVED k? :.;: '7 = ,..; °� y .. i1Vt� �G:d l3J� The City wili eliminate a nuisance. �� $��$ The City will�spend fwids to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. vH�yii+.�ca ir n.�� n ns+v�•• niusance con ihon will remain unabated in the City. This building(s) will continue to blight the community. , - > 'OTAL AIdOUNT OF TRANSACTION S COST/REVENUE BUDGETED (GRCLE ON� YF3 NO Nuisance Housing Abatement 1 'UNDINO SOURCE ACTNITI' NUMBER INFORMATION (EJ�WN) Councs! R�search �fir#e� JUN. ROUTING ORDER: Helow a�e:cotrect mutings for the six most &equent types of doc�entc: eorrr�nc2s �� mn��ab,�a�i �} courrcb x�coLtrriox ��abvag�� j, � � � 1 outsiaeAgeacy t Departmentvuector 2 DepartmentDitectar ' 2:' OfficeofFin�cialSeivices77i:ector 3. CitY Attorne% 3. , City Attamey ''", , 4. ivFayor/Assistanl (f� contiacts ova $25,000) 4. ivFayor/Asvstant , �s. '�ffi� E�� o� sso,000� s.� c�y c��i � � � � � � � � � 6.�, Office ofFinancial Services� - Accounting 6. , Offce ofEiaenciai Services - Acxonnting �; � � � � � , AD1vIQdISTRAITVE ORDERS (BudgetRevision) COi7NCiL RESOI.UTION (a11 otheis and Ordinences) ' AchvitYManaBerorDePadmentAccoimtant 1, DeParfineatDsector ,' � � � 2. Depmimenf Duectar 2. City Att�c.y � � >�3. 'O�ceofFinsnciai�SeiivicesDi[ector ' � 3.'MayorlAsvctant ��, � � 4. CityCTerk , 4.' CitpCoii�1 ' 5. Office ofFinancial3ervioes - Accounfing AD1�9�IiSTRA1TVE'ORDIIZS �(all otheis) � F,S��CL7TIVE,ORDER � � � , ,, -I- DegartmentDuector � � � 1?"Depa��t�D�r � � � � � � � � 2- CitY AttomeY 2' CitS` Atkome9 � �� 3.�9�ceofEinancialSeavicesDirector � 3. Mapaa�lAQCict�'r� � � � � � � � � � , 4. C�LY Clerk' 4- City Clerk " T,OTAL NUMBE[Z OF SIGNATURE PAGES ' Indicate tfie # ofpages on which signatures ace reqnired a�d p'apemlip or flag each of theae pagea: "ACTIONREQUESTED � � � � � � � � �� , �'Desca�bewLettheproj�uestsee]c.ctoaccomplishmeitherctiionologicaladeroroiderofimportence,wh'tcheveris , , �' � � sPPmP?iate � . � : . p , _ � � � � most fot the issue. Do not, ' , wrtfecompi�swtence.s. Be�nearhrtem'in�,o�lvstwith�a�vub.�' „ , RECO�NDATIONS ' Cav�letciftheissaeinqoesRanlias.be�P?�o��9�YP?�Yicorprivate.' � � � � ' PERSONAL SERVICE CONTRACTS: ' This i�mmafion will be used to detecmine the cit}�s liabilityfor workeis compensetion claims, taxes � proper civil service hiiingxutes. � INITfATIN(i PROBLEh� ISSII$ OPPORTFJNITY ' � � �� Explsin the sli�aTion a conditions that created, a need forY�'P?�1�, � re4� ' � , ADOANPAGFS �IF APPRO,VED � � � � � � � � � �� Indicete whethec thus is �mP �� 6 �8�,Procad�e naq�a�ad b9law/chaiter orivhethec tl�e are specifie ways in ,, ., ' � � � w9iichthe"Citp�SaintP��ilaodits'citizeos,willhenefit�&o�lluspiojecUacfian.� '�' � � ' , . �� DISADVANfAU"�S3[?�APPROVED � �� e8'eds chmges to e�shng or past �� pro� � assed „ ' z.� � noise, ) For hovr� 1�1� PT�� P, � � ��fiis '( &. h'e�c de mceeases, or assessments ?'fo DISADVANTAC�S IF NOT APPROVID , What wi11be the sega4ve conseque�es iEthe promised actron is hot appcobed? �uability to'detiVer service7 Cont�e , Ligh tiaffic, ��oise, accident rate? I.oss ofrev�ue? � � � � � � � � � � „ ' � FINANCLAL IldPACT � � � �� , � � � � � � ' Althwighywmasttsitorthei�oimationyquprovideheietotheissaeyon�eaddr�sing mgeneratponmashansiver' twoqueshons:Hov�muehisitgoing�to'costY Whois�goingtopay7 � �� , „ . , � . � . �, � �,. , �,.�� Q$ -� 1� REPORT I�1�Le7�.`]4:�IYlt _.77'17I\:i�(i'J Date: 7uly 21, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard Gerry Strathman Legislative Hearing Officer Summary abatement appeal for 230/240 Dale Street North The I.egislative Hearing O�cer recommends denying the appeal. 2. Resolution ordering the owner to remove or repair the building locuted at 875 Watson Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legis]ative Hearing Officer recommends laying over to the September 15 Legislative Hearing. 3. Resolution ordering the owner to remove or repair the building located at 766 Jackson Street. If the owner fails to comply with the resoluuon, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends approval of the fifteen day order to remove or repair. 4. Vehicle abatement appeal for 224 West Cottage Avenue. The Legislative Hearing Officer recommends denying the appeal. qg-�\� MINUTES OF THE LEGISLATIVE HEARING 7uly 21, 1998 Room 330, City Hall Gerty Suathman, I,egislative Hearing Officer STAFF PRESENT: Jeff Hawkins, Code Enforcement; Steve Magner, Code Enforcement Gerry Suathman called the meeting to order at 10:03 am. 230/240 Dale Street North Laurel March, owner, appeazed and presented two documents to Gerry Strathman: one showed where the building was ]ocated and the other documents was entifled Declaration of Covenants, Easements and Restrictions. Ms. March stated there aze six pazcels to this land. The seventh pazcel holds six garages. Ms. March owns Pazcels C and D. Each individual pazcel has a designated stali. Ms. March has a right to use Parking Stalls C and D. There aze six different tenants and four different owners. The declazation reads that the "owner shall be liable for the expense of repairing or rebuilding the building or structure invoived to the extent that such expenses are not covered by insurance maintained by the owner." The Declaration also reads "Each Owner shall use the Garage Pucel in such a way so as not to create a nuisance or dangerous condition..: ' Ms. March stated over the yeazs these properties have been a place for peopie to drop off caz engines, tires, and other garbage. There has been a lot of breaking in, breaking down, and breaking off of gazage doors. Once opened, the gazage becomes a receptical for the garbage. For the first seven or eight years, Ms. March was billed and paid it. Ms. Mazch decided she was not going to just pay it anymore. The maintenance and the repair is shared by everyone except when it is necessitated by the intentional or negligent acts of one of the owners. Gerry Strathman asked is it Laurel Mazch's contention that the situation is the result of the negligent or intentional acts of the owners. Ms. Mazch responded yes. The person assigned to that stall has the responsibility for maintaining it; if she has not done anything, then it is intentional. Jeff Hawkins, Code Enforcement, reported 230/240 Dale Street North has been a chronic problem. Laurel Mazch is the only owner that works with Code Enforcemeat. The other owners say it is not their responsibility or they have not called back. It was Mr. Hawkins understanding that this property was common ground. Ms. Mazch provided paperwork to verify that. A couple of the owners and the real estate agent say it is not common ground. Any repeat visits to 230/240 Dale wiil be a citation each time. It has to be determined if the tags will go to all six people. The owners are responsible in the end because they can screen their tenants. Laurel March stated she does not believe the gazbage is coming from the tenants. Jeff Hawkins responded a lot of it is coming from the tenants, too. IIe drove by about three week ago and the tenants in 238 and 240 were throwing gazbage out on the boulevazd. They must have been moving out. Code Enforcement put a stop to it. The trash receptacles aze not being used. ��' MINITTES OF THE LEGISLATIVE HEARING OF 7-21-98 Page 2 Gerry Strathman stated the real issue is if the abatement order directed to the right pariy. Laurel Mazch agreed that is the issue. Mr. Strathman asked why the order was directed to Ms. March specifically. Jeff Hawkins stated there aze several abatement orders to Ms. March and the other owners. The first one went to Ms. March who conected Mr. Hawkins and said it wasn't her garage but a common interest. Then Mr. Aawkins summary abated everyone. Gerry Strathman stated it dces seem that Ms. March's position is reasonable, that the owner of the garage is not maintaining it, and is being neglectful. Ms. March stated actually she is 1/6 owner, but she does not have the right to use it or maintain it. Mr. Hawkins stated the declazation does say any cost to maintaining or upkeeping is all split by 1/6. Mr. Strathman stated it is up to the courts to determine liability and not a detemunation to be decided here, however Ms. Mazch's interpretation is reasonable and is an interpretation that Code Enforcement could follow. Gerry Suathman asked has it been abated yet. Jeff Iiawkins responded the City cleaned out the garage on June 23 for $705. The City has also boazded it. Mr. Strathman asked if this abatement is appealed, how was the order done. Mr. Hawkins responded Code Enforcement was receiving 2 or 3 complaints a week. Normally this appeal would have been heard in June; it was put off until July 7. The gazbage could not wait. Mr. Strathman stated since the abatement has been done, the issue is who is going to pay for it. The thing to do is send the assessment to the owner of the garage. Mr. Strathman suggested Code Enforcement made the assessment to that property owner. If that person wants to contest the assessment, there wiil be another hearing. Mr. Hawkins stated it seems to be one gazage that is dumped on all the time. Gerry Strathman recommends denying the appeal. 875 Watson Avenue Jim Nelson and Laura Canada, W9610 295�' Avenue, Hager City, Wisconson, appeazed. Their bid was accepted on July 16 for purchase of the property. Steve Magner reported this building has been vacant since August 21, 1997. The current owner is Housing and Urban Development (HUD). There have been five summary abatement notices for securing the dwellang and garage, cut tall grass and weeds, remove refuse and debris. The City has had to boazd up this building. The vacant building fees and real estate ta�ces are paid. The estimated value is $40,200. The estimated cost to repair is $45,000. HUD has been unsuccessful in selling it. Photographs were shown to Gerry Sttathman. Gerry Strathman asked the prospective owners did they have a copy of the code enforcement report, and also when the purchase wiIl be completed. 3im Nelson and Laura Canada responded they do have a copy of the report and plan to complete the purchase within 60 days. Mr. Nelson stated he just started the process for acceptance of a construction loan. When the loan goes through, a closing date can be set. Their intent is to remove the gazage, take caze of the outside structures, and then start on the interior. Mr. Strathman stated flnce ownership is established, a $2,000 bond will need to be posted. �1�-�� MINLJTES OF THE LEGISLATIVE HEARING OF 7-21-98 Page 3 Mr. Strathman received one letter from a neighbor asking for the properry to be demolished. Gerry Strathman recommends laying over to September 15 for the ownership to be established. 766 Jackson Sfreet No one appeared representing the property. Steve Magner reported the owners have done some of the work. Mr. Magner has had no contact with the owner or their zepresentative concerning plans for the building. Gerry Strathman recommends approval of the fifteen day order to remove or repair. 224 West Cofta2e Avenue No one appeared representing the properry. 7eff Hawkins reported the vehicle has been removed. Gerry Suathman recommends denying the appeal. The meeting was adjoumed at 10:41 DEPARI'MENT OF FIRE A.�'D SAFETY SERVICES Timothy K Fufler, Fire Chref DIVISION OF PROPERTY CODE ENFORCEMENC Charles Yotel, Progrnm Director �� 1� �.r CTTY OF SAINT PAUL Narm Coleman, Mayor Nuirance Building Code Enforcement S55 Cedar Sbee[ TeL 671-298-4153 Sairst Pmtl, �LLY SSl01-1?60 F¢r.� 612-228-3170 June 19, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Department of Fire and Safety Services, VacandNuisance Buildings Enforcement Division has requested the Ciry Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 766 Jackson Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 21, 1993 City Council Hearing - Wednesday, August 5, 1998 The owners and responsible parties of record are: Name and L,ast Known Address Industry Mortgage Company LP 5901 E. Fowler Avenue Tampa, FL 33617-2362 Attn: Cindi Sunidge Shapiro & Nordmeyer 7300 Metro Blvd., Ste. 390 Edina, MN 55439-2306 Attn: Beth Assmusen Interest ��,� *�,esea � Mortgagee Ju� �' �` 1 �� Attomey for MortgaQee - � The legal description of this property is: Lot 13, Block 2, Drake's 2nd Addition to the City of St. Paul o� � _� �.� 766 Jackson Street June 19, 1998 Pa�e 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by corrzcting the deficiencies or by razing and removing this buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be coliected in the same manner as taxes. Si ely, �� Rene Weiss Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Services RW:ml cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 1 •:� t�RICINAI_ Presented By Referred To RESOLUTION OF SAINT PAUL, MINNESOTA _ �� Covncil File # `t$ -`113 Green Sheet # �_ Committee: Date WHEREAS, Department of Fire and Safery Services, Division of Code Enforcement 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 duplex with a detached, oversized, one-stall, wood frame garage with an attached shed located on property hereinafter referred to as the "Subject Property" and commonly known as 766 Jackson Street. This property is legally described as follows, to wit: Lot 13, Block 2, Drake's 2nd Addition to the City of St. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enfarcement on or before April 1, 1998, the following are the now known interested or responsible parties for the Subject Property: Indusriy Mortgage Company LP, 5901 E. Fowler Avenue, Tampa, FL 33617-2362, AYm: Cindi Surridge; Shapiro & Nordmeyer, 7300 Metro Blvd., Ste. 390, Edina, MN 55439-2306, Attn: Beth Assmusen WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul L,egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 5, 1998; and WHEREAS, this arder informed the then l�own interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by June 4, 1998; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declazing this building(s) to constitute a nuisance condition; subject to demoliuon; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the I.egislative Aearing Officer of the Ciry Council 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 L,egislative Code, of the time, date, place and purpose of the public hearings; and 0�) .�7��.� QY-'lt3 1 EREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on T`uesday, July 21, 1998 to hear testimony and evidence, and after receiving testimony 3 and evidence, made the recommendation to approve the request to order the interested or responsible 4 parties to make the Subject Properry safe and not detrimental to the public peace, health, safety and 5 welfaze and remove iu biighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 7 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 8 demolition of the structure to be completed within fifteen (15) days after the date of the Council 9 Hearing; and 10 11 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 5, 12 1998 and the testimony and evidence including the action taken by the Legislative Hearing Officer 13 was considered by the Council; now therefore 14 15 BE IT RESOLVED, that based upon the testimony and evidence presented at the above 16 referenced public hearings, the Saint Paul City Council hereby adopts the foilowing Findings and 17 Order concerning the Subject Properry at 766 Jackson Street: 18 19 1. That the Subject Property comprises a nuisance condirion as defined in Saint Paul 20 L,egislative Code, Chapter 45. 21 22 2. That the costs of demolition and removal of this building(s) is estimated to exceed 23 three thousand dollars ($3,000.00). 24 25 3. That there now exists and has existed multiple Housing or Building code violations at 26 the Subject Property. 27 28 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible 29 parties to correct the deficiencies or to demolish and remove the building(s). 30 31 5. That the deficiencies causing this nuisance condition have not been corrected. 32 33 6. That Division of Code Enforcement has posted a placard on the Subject Property 34 which declares it to be a nuisance condition subject to demolition. 35 36 7. That this building has been routinely monitored by the Department of Fire and Safety 37 Services, Division of Code Enforcement, VacanUNuisance Buildings. 38 39 8. That the lmown interested parties and owners are as previously stated in this 40 resolution and that the notification requirements of Chapter 45 have been fulfilled. 41 42 ORDER 43 The Saint Paul City Council hereby makes the following order: 4A 45 1. The above referenced interested or responsible parties shall make the Subject Property safe 46 and not detrimental to the public peace, health, safety and welfare and remove its blighting 47 influence on the community by rehabilitating this structure and correcting all deficiencies as 48 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with 49 all applicable codes and ordinances, or in the alternative by demolishing and removing the 50 structure in accordance with all applicable codes and ordinances. The rehabilitation or 51 demolition and removal of the structure must be completed within fifteen (15) days after the 52 date of the Council Aeazing. ORIGINAL q�-�� 2. If the above corrective action is not completed within this period of time the Fire and Safety Services, Division of Code Enforcementis hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the S�bject Properry pursuant to the provisions of Chapter 45 of the Saint Paul I.egislative Code. 3. In the event the building is to be demolished and removed by the City of 5aint Paul, all personal properry or fi�ztures of any kind wluch interfere with the demolition and removal shall be removed from the properry by the 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 properiy as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: Adoption Certified by Council Secretary By: Appr By: Fire• Co Enforcement Division By: Form Approved by City Attorney �' � � Adopted by Council : Date '"�� . 1� j� R8 -�►� Division of Code Enforcement �� 06/19/98 GREEN SHEET r,o 61610 292-7718 August 5, 1998 p �/. �� a� onnEx TOTAL # OF SIGNATURE PAGES �.��.�. � d,�,.,,� �j� q� �«� � �+�.�,�.� ❑ �.��.a � �� wraefdewaesnwrl (CLIP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will arder the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Department of Fire and Safety Services, Division of Code Enforcement is ordered to remove the building. The subject property is located at 766 Jackson Street. PLANNING CAMMISSION CIB CAMMITTEE CML SERVICE COMMISSION .,Er Z°- sy5. .«,�,.,.�xR...�.,.�..,.,..,..,,,.w.,..�....�......,...�..�.�,....,.,. t. Has Nis Pe�soMrm eMer varked under a contraG torihis depaAment? YES NO �" °' 2. Hm tlxs Pa��rm ever been a ciq' emVbY�7 YES NO 3. Does Mis P� P� a sldll not normal�YDo6s�s� t+Y anY arteM a7Y emPbY�7 Y6S PIO 4. Is Mis pdaoMm� atergeted ventloYt . - YES NO When. Where. WhY) This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 766 Jackson 5treet by June 4, 1998, and have failed to comply with those orders. ` ' � ADVAMAGES IF APPROVED k? :.;: '7 = ,..; °� y .. i1Vt� �G:d l3J� The City wili eliminate a nuisance. �� $��$ The City will�spend fwids to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. vH�yii+.�ca ir n.�� n ns+v�•• niusance con ihon will remain unabated in the City. This building(s) will continue to blight the community. , - > 'OTAL AIdOUNT OF TRANSACTION S COST/REVENUE BUDGETED (GRCLE ON� YF3 NO Nuisance Housing Abatement 1 'UNDINO SOURCE ACTNITI' NUMBER INFORMATION (EJ�WN) Councs! R�search �fir#e� JUN. ROUTING ORDER: Helow a�e:cotrect mutings for the six most &equent types of doc�entc: eorrr�nc2s �� mn��ab,�a�i �} courrcb x�coLtrriox ��abvag�� j, � � � 1 outsiaeAgeacy t Departmentvuector 2 DepartmentDitectar ' 2:' OfficeofFin�cialSeivices77i:ector 3. CitY Attorne% 3. , City Attamey ''", , 4. ivFayor/Assistanl (f� contiacts ova $25,000) 4. ivFayor/Asvstant , �s. '�ffi� E�� o� sso,000� s.� c�y c��i � � � � � � � � � 6.�, Office ofFinancial Services� - Accounting 6. , Offce ofEiaenciai Services - Acxonnting �; � � � � � , AD1vIQdISTRAITVE ORDERS (BudgetRevision) COi7NCiL RESOI.UTION (a11 otheis and Ordinences) ' AchvitYManaBerorDePadmentAccoimtant 1, DeParfineatDsector ,' � � � 2. Depmimenf Duectar 2. City Att�c.y � � >�3. 'O�ceofFinsnciai�SeiivicesDi[ector ' � 3.'MayorlAsvctant ��, � � 4. CityCTerk , 4.' CitpCoii�1 ' 5. Office ofFinancial3ervioes - Accounfing AD1�9�IiSTRA1TVE'ORDIIZS �(all otheis) � F,S��CL7TIVE,ORDER � � � , ,, -I- DegartmentDuector � � � 1?"Depa��t�D�r � � � � � � � � 2- CitY AttomeY 2' CitS` Atkome9 � �� 3.�9�ceofEinancialSeavicesDirector � 3. Mapaa�lAQCict�'r� � � � � � � � � � , 4. C�LY Clerk' 4- City Clerk " T,OTAL NUMBE[Z OF SIGNATURE PAGES ' Indicate tfie # ofpages on which signatures ace reqnired a�d p'apemlip or flag each of theae pagea: "ACTIONREQUESTED � � � � � � � � �� , �'Desca�bewLettheproj�uestsee]c.ctoaccomplishmeitherctiionologicaladeroroiderofimportence,wh'tcheveris , , �' � � sPPmP?iate � . � : . p , _ � � � � most fot the issue. Do not, ' , wrtfecompi�swtence.s. Be�nearhrtem'in�,o�lvstwith�a�vub.�' „ , RECO�NDATIONS ' Cav�letciftheissaeinqoesRanlias.be�P?�o��9�YP?�Yicorprivate.' � � � � ' PERSONAL SERVICE CONTRACTS: ' This i�mmafion will be used to detecmine the cit}�s liabilityfor workeis compensetion claims, taxes � proper civil service hiiingxutes. � INITfATIN(i PROBLEh� ISSII$ OPPORTFJNITY ' � � �� Explsin the sli�aTion a conditions that created, a need forY�'P?�1�, � re4� ' � , ADOANPAGFS �IF APPRO,VED � � � � � � � � � �� Indicete whethec thus is �mP �� 6 �8�,Procad�e naq�a�ad b9law/chaiter orivhethec tl�e are specifie ways in ,, ., ' � � � w9iichthe"Citp�SaintP��ilaodits'citizeos,willhenefit�&o�lluspiojecUacfian.� '�' � � ' , . �� DISADVANfAU"�S3[?�APPROVED � �� e8'eds chmges to e�shng or past �� pro� � assed „ ' z.� � noise, ) For hovr� 1�1� PT�� P, � � ��fiis '( &. h'e�c de mceeases, or assessments ?'fo DISADVANTAC�S IF NOT APPROVID , What wi11be the sega4ve conseque�es iEthe promised actron is hot appcobed? �uability to'detiVer service7 Cont�e , Ligh tiaffic, ��oise, accident rate? I.oss ofrev�ue? � � � � � � � � � � „ ' � FINANCLAL IldPACT � � � �� , � � � � � � ' Althwighywmasttsitorthei�oimationyquprovideheietotheissaeyon�eaddr�sing mgeneratponmashansiver' twoqueshons:Hov�muehisitgoing�to'costY Whois�goingtopay7 � �� , „ . , � . � . �, � �,. , �,.�� Q$ -� 1� REPORT I�1�Le7�.`]4:�IYlt _.77'17I\:i�(i'J Date: 7uly 21, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard Gerry Strathman Legislative Hearing Officer Summary abatement appeal for 230/240 Dale Street North The I.egislative Hearing O�cer recommends denying the appeal. 2. Resolution ordering the owner to remove or repair the building locuted at 875 Watson Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legis]ative Hearing Officer recommends laying over to the September 15 Legislative Hearing. 3. Resolution ordering the owner to remove or repair the building located at 766 Jackson Street. If the owner fails to comply with the resoluuon, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends approval of the fifteen day order to remove or repair. 4. Vehicle abatement appeal for 224 West Cottage Avenue. The Legislative Hearing Officer recommends denying the appeal. qg-�\� MINUTES OF THE LEGISLATIVE HEARING 7uly 21, 1998 Room 330, City Hall Gerty Suathman, I,egislative Hearing Officer STAFF PRESENT: Jeff Hawkins, Code Enforcement; Steve Magner, Code Enforcement Gerry Suathman called the meeting to order at 10:03 am. 230/240 Dale Street North Laurel March, owner, appeazed and presented two documents to Gerry Strathman: one showed where the building was ]ocated and the other documents was entifled Declaration of Covenants, Easements and Restrictions. Ms. March stated there aze six pazcels to this land. The seventh pazcel holds six garages. Ms. March owns Pazcels C and D. Each individual pazcel has a designated stali. Ms. March has a right to use Parking Stalls C and D. There aze six different tenants and four different owners. The declazation reads that the "owner shall be liable for the expense of repairing or rebuilding the building or structure invoived to the extent that such expenses are not covered by insurance maintained by the owner." The Declaration also reads "Each Owner shall use the Garage Pucel in such a way so as not to create a nuisance or dangerous condition..: ' Ms. March stated over the yeazs these properties have been a place for peopie to drop off caz engines, tires, and other garbage. There has been a lot of breaking in, breaking down, and breaking off of gazage doors. Once opened, the gazage becomes a receptical for the garbage. For the first seven or eight years, Ms. March was billed and paid it. Ms. Mazch decided she was not going to just pay it anymore. The maintenance and the repair is shared by everyone except when it is necessitated by the intentional or negligent acts of one of the owners. Gerry Strathman asked is it Laurel Mazch's contention that the situation is the result of the negligent or intentional acts of the owners. Ms. Mazch responded yes. The person assigned to that stall has the responsibility for maintaining it; if she has not done anything, then it is intentional. Jeff Hawkins, Code Enforcement, reported 230/240 Dale Street North has been a chronic problem. Laurel Mazch is the only owner that works with Code Enforcemeat. The other owners say it is not their responsibility or they have not called back. It was Mr. Hawkins understanding that this property was common ground. Ms. Mazch provided paperwork to verify that. A couple of the owners and the real estate agent say it is not common ground. Any repeat visits to 230/240 Dale wiil be a citation each time. It has to be determined if the tags will go to all six people. The owners are responsible in the end because they can screen their tenants. Laurel March stated she does not believe the gazbage is coming from the tenants. Jeff Hawkins responded a lot of it is coming from the tenants, too. IIe drove by about three week ago and the tenants in 238 and 240 were throwing gazbage out on the boulevazd. They must have been moving out. Code Enforcement put a stop to it. The trash receptacles aze not being used. ��' MINITTES OF THE LEGISLATIVE HEARING OF 7-21-98 Page 2 Gerry Strathman stated the real issue is if the abatement order directed to the right pariy. Laurel Mazch agreed that is the issue. Mr. Strathman asked why the order was directed to Ms. March specifically. Jeff Hawkins stated there aze several abatement orders to Ms. March and the other owners. The first one went to Ms. March who conected Mr. Hawkins and said it wasn't her garage but a common interest. Then Mr. Aawkins summary abated everyone. Gerry Strathman stated it dces seem that Ms. March's position is reasonable, that the owner of the garage is not maintaining it, and is being neglectful. Ms. March stated actually she is 1/6 owner, but she does not have the right to use it or maintain it. Mr. Hawkins stated the declazation does say any cost to maintaining or upkeeping is all split by 1/6. Mr. Strathman stated it is up to the courts to determine liability and not a detemunation to be decided here, however Ms. Mazch's interpretation is reasonable and is an interpretation that Code Enforcement could follow. Gerry Suathman asked has it been abated yet. Jeff Iiawkins responded the City cleaned out the garage on June 23 for $705. The City has also boazded it. Mr. Strathman asked if this abatement is appealed, how was the order done. Mr. Hawkins responded Code Enforcement was receiving 2 or 3 complaints a week. Normally this appeal would have been heard in June; it was put off until July 7. The gazbage could not wait. Mr. Strathman stated since the abatement has been done, the issue is who is going to pay for it. The thing to do is send the assessment to the owner of the garage. Mr. Strathman suggested Code Enforcement made the assessment to that property owner. If that person wants to contest the assessment, there wiil be another hearing. Mr. Hawkins stated it seems to be one gazage that is dumped on all the time. Gerry Strathman recommends denying the appeal. 875 Watson Avenue Jim Nelson and Laura Canada, W9610 295�' Avenue, Hager City, Wisconson, appeazed. Their bid was accepted on July 16 for purchase of the property. Steve Magner reported this building has been vacant since August 21, 1997. The current owner is Housing and Urban Development (HUD). There have been five summary abatement notices for securing the dwellang and garage, cut tall grass and weeds, remove refuse and debris. The City has had to boazd up this building. The vacant building fees and real estate ta�ces are paid. The estimated value is $40,200. The estimated cost to repair is $45,000. HUD has been unsuccessful in selling it. Photographs were shown to Gerry Sttathman. Gerry Strathman asked the prospective owners did they have a copy of the code enforcement report, and also when the purchase wiIl be completed. 3im Nelson and Laura Canada responded they do have a copy of the report and plan to complete the purchase within 60 days. Mr. Nelson stated he just started the process for acceptance of a construction loan. When the loan goes through, a closing date can be set. Their intent is to remove the gazage, take caze of the outside structures, and then start on the interior. Mr. Strathman stated flnce ownership is established, a $2,000 bond will need to be posted. �1�-�� MINLJTES OF THE LEGISLATIVE HEARING OF 7-21-98 Page 3 Mr. Strathman received one letter from a neighbor asking for the properry to be demolished. Gerry Strathman recommends laying over to September 15 for the ownership to be established. 766 Jackson Sfreet No one appeared representing the property. Steve Magner reported the owners have done some of the work. Mr. Magner has had no contact with the owner or their zepresentative concerning plans for the building. Gerry Strathman recommends approval of the fifteen day order to remove or repair. 224 West Cofta2e Avenue No one appeared representing the properry. 7eff Hawkins reported the vehicle has been removed. Gerry Suathman recommends denying the appeal. The meeting was adjoumed at 10:41 DEPARI'MENT OF FIRE A.�'D SAFETY SERVICES Timothy K Fufler, Fire Chref DIVISION OF PROPERTY CODE ENFORCEMENC Charles Yotel, Progrnm Director �� 1� �.r CTTY OF SAINT PAUL Narm Coleman, Mayor Nuirance Building Code Enforcement S55 Cedar Sbee[ TeL 671-298-4153 Sairst Pmtl, �LLY SSl01-1?60 F¢r.� 612-228-3170 June 19, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Department of Fire and Safety Services, VacandNuisance Buildings Enforcement Division has requested the Ciry Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 766 Jackson Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 21, 1993 City Council Hearing - Wednesday, August 5, 1998 The owners and responsible parties of record are: Name and L,ast Known Address Industry Mortgage Company LP 5901 E. Fowler Avenue Tampa, FL 33617-2362 Attn: Cindi Sunidge Shapiro & Nordmeyer 7300 Metro Blvd., Ste. 390 Edina, MN 55439-2306 Attn: Beth Assmusen Interest ��,� *�,esea � Mortgagee Ju� �' �` 1 �� Attomey for MortgaQee - � The legal description of this property is: Lot 13, Block 2, Drake's 2nd Addition to the City of St. Paul o� � _� �.� 766 Jackson Street June 19, 1998 Pa�e 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by corrzcting the deficiencies or by razing and removing this buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be coliected in the same manner as taxes. Si ely, �� Rene Weiss Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Services RW:ml cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 1 •:�