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98-714� ORlG1��1� �� a r a� � q ��1�g File # Sheet # Presented By Referred To Committee: Date � � G1�11 WHEREAS, Department of Fire and Safety Servi s, Division of Code Enforcement has requested the City Council to hold public hearings to c ider the advisability and necessity of ordering the repair or wrecking and removal of a tw story, wood frame structure with a detached, two-stall, concrete block garage located on prope ereinafter refened to as the "Subject Property" and commonly laiown as 875 Watson Avenue. is properiy is legally described as follows, to wit: I,ot 27, Block 3, Watsons Addition to . Paul, Minnesota WHEREAS, based upon the information obtained by Division of are the now lrnown interested or res Disposition, 220 Second Street Souf Express, Inc., 401 79th Street We Mortgage, Attn: Angela Hanshew,� � cord in the Ramsey Counry Recorder's Office and od Enforcement on or before March 26, 1998, the following � ible parties for the Subject Property: H.U.D. Property inneapolis, MN 55401, Attn: Sophie Hallauer; Pham Bloomington, MN 55420, Attn: Gene 7ohnson; First Nation BO Corporate Drive, Frederick, MD 21702 WHEREAS, Division Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Pa gislative Code an order idenfified as an"Order to Abate Nuisance Building(s)" dated April 3, 1998; and WHEREAS, th' order informed the then lrnown interested or responsible parties that the structure located on Subject Property is a nuisance building(s) pursuant to Chapter 45; and demolish the this this order informed the interested or responsible parties that they must repair or re located on the Subject Property by June 1, 1998; and ;AS, the enforcement officer has posted a placard on the Subject Property declaring to constitute a nuisance condition; subject to demolition; and EREAS, this nuisance condition has not been corrected and Division of Code ent requested that the City Clerk schedule public hearings befare the L.egislative Hearing of the Ciry Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accordance ith the provisions of Cl�apter 45 of the Saint Paul Legislative Code, of the tune, date, place and purpose of the public hearings; and °l£c-1t�} o Q+�_ �� /bV{EIEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City �� f��z��d$Tuesday, 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 S�bject Properiy safe and not detrimental to the public peace, health, safety and 5 welfare and remove its blighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternarive by demolishing 7 removing the structure in accordance wiffi ail applicable codes and ordinances. The reha ' itarion or 8 demolition of the structure to be completed within fifteen (15) days after the date of th ouncil 9 Aearing; and 10 11 WHEREAS, a hearing was held before the Saint Paul Ciry Council on W dnesday, August 5, 12 1998 and the testimony and evidence including the action taken by the I,egisl ve Hearing O�cer 13 was considered by the Council; now therefore 14 15 BE IT RESOLVED, that based upon the testimony and evidenc presented at the above 16 referenced public hearings, the Saint Paul City Council hereby adopt the following Findings and 17 Order concerning the Subject Property at 875 Watson Avenue: 18 19 1. That the Subject Property comprises a nuisance ndition as de£med in Saint Paul 20 Legislative Code, Chapter 45. 21 22 2. That the costs of demolition and removal o this building(s) is estimated to exceed 23 three thousand dollars ($3,000.00). 24 25 3. That there now exists and has existe ultiple Housing or Building code violations at 26 the Subject Properry. 27 28 4. That an Order to Abate Nuisan Building(s) was sent to the then known responsible 29 parties to conect the deficie ies or to demolish and remove the building(s). 30 31 5. That the deficiencies cau ' g this nuisance condition have not been corrected. 32 33 6. That Division of Cod Enforcement has posted a placard on the Subject Properry 34 which declares it to e a nuisance condition subject to demolition. 35 36 7. That this build' has been routinely monitored by the Department of Fire and Safety 37 Services, Did ion of Code Enforcement, VacanUNuisance Buildings. 38 39 8. That the own interested parties and owners are as previously stated in this 40 resoluti and that the notification requirements of Chapter 45 have been fulfilled. 41 42 ORDER 43 The Saint aul Ciry Council hereby makes the following order: 44 45 1. The a ove referenced interested or responsible parties shall make the Subject Properiy safe 46 and ot detrimental to the public peace, health, safety and welfare and remove its blighting 47 ' uence on the communiry by rehabilitating this structure and correcting all deficiencies as 48 rescribed 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 Hearing. ORIGINAL a�-�+�t 2. If the above corrective action is not completed within this period of time the Fire and Safety Services, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge ffie costs inc ed against the Subject Properry p»��ant to the provisions of Chapter 45 of the Saint P Legislative Code. 3. In the event the building is to be demolished and removed by the City of Sa' t Paul, all personal properry or fixtures of any kind which interfere with the demoli ' n and removal shall be removed from the properry by the responsible parties by the e of this time period. If all personal property is not removed, it shall be considered to be a ndoned and the City of Saint Paul shall remove and dispose of such properry as provid by law. 4. It is further ordered, that a copy of this resolution be mailed t the owners and interested parties in accordance with Chapter 45 of the Saint Paul Leg' ative Code. Requested by Department of: Fire• Co � Enforcement Division By: K/ w Adopted by Council: Adoption Certified by Searetary By: Approved by Mayor Date By: Form Approved by City Attorney By: G`i' � N' �{�'y� Division of Code Enforcement 292-7718 06/19/98 GREEN SHEET qg -� �� No 61611 a� �� .,�,��.« 5, 1998 / /ff, � TOTAL # OF SIGNATURE PAGES � �,.,.�. �►y ��/q� ❑ �,� ❑AYKMLiERNCFJOR ❑lNMICYLLiERVq1CCf6 � WYORI�Y.IITf� ❑ V (CLIP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolufion, Department of Fire and Safety Services, Division of Code Enforcement is ordered to remove the building. The subject property is located at 875 Watson Avenue. PIANNING COMMISSION CIB COMMRTEE CML SERVICE CAMMISSION �. �aas wis perso�u5rm e�er vurlced unaer e conrrac� r« uus aepammemz ^'r _ YES NO 2. Has this pe'soNfirm ever Daen e cily anpbyee't - VES NO 3. Da� this persoNfi�m possese a sldtl not normaltypossessetl by any aareM city empbyee? YES NO 4. IsthispeisoMumatergetedvendoR - YES NO Emlain a�l ves anaweis on seoaiate sheet arM aVach to creen sheet 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 lrnown to the Enforcement Officer were given an order to repair or remove the building at 875_ Watson Avenue by June 1, 1998, and have failed to comply with those orders. �� s =G, ,� n� s� JU�i �23 3�� The City will eliminate a niusance. �� ISADVANTAGES IFAPPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. t� niusaiice con�ihon will remain unabated in the City. This building(s) wiil continue to blight the community. � - � OTAL AMOUNT OF TRANSACTION S COST/REVRIUE BUDfiETED (CIRCLE ON� VES NO Nuisance Housing Abatement 61 UNDINO SOURCE ACTIVITV NUMBER (IXPINN) Cour�c's! Re�€��ch Genfsr , ROUTING ORDER: Belrnv sre cociectrontings for the six most freqoent � of doc�ts: , CO23TR'ACTS, sufhorized'bud e�sYs C (�� g� ) ouricu:�soiuitox(�abnas��nt �) , ' � i. o�aea��,y' � � � � i. ��,enc�;�o� � � �� " . � i. ��cnu�� z. o�'� �F�s� s�� v� � � �°3. CilyAttomeq� � � � � 3 C��p � � , � � � 4. ,MayorlAssistant (for conhacts over $25,000) 4 �fayor/A�+cta��r � � -s. ��x� <� �nti� � sso;000� , � � � � s � c�rc��t � � � � � � � � � � � � � �� , 6.' O�ce ofFinanciat Services - A�tmg , 6 Offce, ofFinancisl,Services - AccouNmg, ,' ADbIINISTRAIIVE ORDERS (BudgetRe,visi�) COUNCIC. RESOlUTLON (all Wheis �d ��ces) °, ' "�"1- Ac4ivitFMav88erorIkpaitm�tAccuimtant T., Depffiim�Director 2 Depar�entDuector" , , �.'CityAttorney � .�,� 3_ OfficcofFinsnci'al,ServicesDuector 3'. Mayas/Assist�t�" � � � � � � � � � � � 4. , Cilp Cl�k . 4. Cify Cotmcil, ' � ,5_ OfficeofFinaaeialSavaces-�Accouniin8, � � � � � � � � �� ' � t1DMINISTRAITVE ORDE[2S (all,oUiers) E3�UTTVE ORDFR �1 DepmimentDirector �� 1 Depazmnent'D`uector, � � �� "2: City Auaney ., 2, Crtp Aitomeq ', ��3..O�ce,ofFiu�ciai',ServicesDnector" ' � 3.�� _ � � . M�porfAs�st�nt ' „ , „ , ; 4. CityCleik ' 4:, CityCleak ',;, , "` TOTAL NUMBER ,OE SFGNt4TURE PAC�S � � � � � � � � � � � � � � � Indicate the # ofpages on wlrich si�atiues ere ta9,�� P��P or flsg each of'theae pagea. �AC'PIONREQUFSTED,� � ��' � ' �r � , � Descx�'be wt�at � Pnojedlre�st seeks,to accomplish in either order or order o£impoitanc� wluchever is ' mostappropriateforthe�isme: Donotwiue letesentences. gegine� ,� - comp item in,ya� list with avab. RECOMh��1Q�IDATIONS , r:,Compldeiftfieissueinquestionhasbeenpre.sentedheforean3'�YP�kc�p:ivafe: �- ' ' ' � � �PERSONAL SERVICE CONTRAC'fS: � � � � � � � � � � This�mfamahom�vill todeteimme'tfieci � ' � � • � • proper� - � � �� be used , �t}�s liab�tyf� workeis �� cla�ms, tazces �md crvil � � � s�nceLinngruies: . ' , ,II�7117A�IN(3PBO�LEM,I,S'SIIE OPPORI[7NPfY � � � "� � � � � Expfain the sittiation ot conditions tLat cicated a�edforyourprojed orrequest. � � � AD�IANfAGESIFAPPROVFA � � � �` �� , Tndicate whefher this is simPlS �� b�Set Procedu�e re4uiced bY law/cHsrta orwLetherthece s�e specific ways in , which the City of $aint P�a1 �d iLs'citizens wilt benefikfrom fbix projed/�tion. ; � � I7ISAD��ANTAGE3 3E �APPROVID ' � � � � � � ` �� ; � � � � � � � � � � � Whetnegetiveeffecfs�mala��O�°B�P�P��B��Prol�re4�Pr��itrspassed � ( g . ,' w�hom� When?Forfio�rTong`I ; , , e- > traffic delays,; no�se, tax inaeages � asses�ents)7 To � � DISADVANTAfiESIF,NOT��:PPI�OVID� � � �� Whatwillbethe'tiegativeeonseqaeaces,iftl�promisedac4onisnotappraved? rnab�TiLg Co�nve,' , h�glihe�c,noise,eccident;tate? Lossofreven�?'' , ' FINANGIAL IlNPACT , Alihonghyw mnst tmlor the ioformationyou provide here to the issae �iou are, ad�ssin& m Se�al You must,answer' "' � � two�qaestions:�I3owmac]Y,isitgomgtocosk� Who',is'gomgtopa}ri � � � �� . � . � � � � � � � , � � � � � � � � � „ � , „ �� , � � ' „ � � 6 � �� ' , .,. � . ,i,u � `a. �I�� , ,. ; l� , r , i ,� � � � � ��, � � � � ��.�:�y 1. ; �h� 3. LEGISLATIVE HEARING Date: July 21, 1998 Time: 10:00 a.m. Place: Room 330 City Hall c�g -� �� 15 West Keliogg Boulevard Gerry Strathman Legislative Hearing Officer Summary abatement appeal for 230/240 Dale Street North The Legislative Hearing Officer recommends denying the appeal. 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 buiIding. The Legislative Hearing Officer recommends laying over to the September 15 Legislative Hearing. Resolution ordering the owner to remove or repair the building located at 766 Jackson Sueet. If the owner fails to comply with the resolution, 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 Cotta¢e Avenue. The Legislative Hearing O�cer recommends denying the appeal. 7'� p� •'lhs MINUTES OF THE LEGISLATTVE HEARING July 21, 1998 Room 33Q City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Jeff Hawkins, Code Enforcement; Steve Magner, Code Enforcement Getry Strathman called the meeting to order at 10:03 am. 230/240 Dale Street North L,aurel Mazch, owner, appeazed and presented two documents to Gerry Strathman: one showed where the building was located and the other documents was entitled Deciaration of Covenants, Easements and Restrictions. Ms. Mazch stated there are six parcels to this land. The seventh parcel holds six garages. Ms. Mazch owns Pazcels C and D. Each individual parcel has a designated stali. Ms. March has a right to use Pazking Stalls C and D. Tt�ere are six different tenants and four different owners. The declaration reads that the "owner shall be liable for the expense of repairing or rebuilding the building or structure involved to the extent that such expenses are not covered by insurance maintained by the owner." The Declaradon also reads "Each Owner shall use the Gazage Parce2 in such a way so as not to create a nuisance or dangerous condition..." Ms. March stated over the years these properties have been a place for people to drop off car 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 yeazs, Ms. Mazch was bilied 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 March's contention that the situation is the result of the negligent or intentionai acts of the owners. Ms. March 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 $awkins, Code Enforcement, reported 230/240 Dale Street North has been a chronic problem. L.aurel Mazch is the only owner that works with Code Enforcement. 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. March provided paperwork to verify that. A couple of the owners and the real estate agent say it is not common grouncF. Any repeat visits to 230/240 Dale will be a citation each time. It has to be detennined if the tags wiI1 go to all six people. The owners aze 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. He 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 are not being used. ��y a�=� MINUTES OF THE LEGISLATIVE HEARING OF 7-21-98 Page 2 Gerry Strathtnan stated the real issue is if the abatement order directed to the right party. Laurel Mazch agreed that is the issue. Mr. Strathman asked why the order was directed to Ms. March specifically. Jeff Hawkins stated there are several abatement orders to Ms. Mazch and the other owners. The fust one went to Ms. Mazch who corrected Mr. Hawkins and said it wasn't her gazage but a common interest. Then Mr. Hawkins summary abated everyone. Gerry Strathman stated it does seem that Ms. Mazch's position is reasonable, that the owner of the gazage 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 declaration does say any cost to maintaining or upkeeping is all split by 1/6. Mr. Strathman stated it is up to the courts to detemune liability and not a determination to be decided here, however Ms. Mazch's interpretation is reasonable and is an interpretation that Code Enforcement could follow. Gerry Strathman asked has it been abated yet. 7eff Hawkins responded the City cleaned out the garage on June 23 for $705. The City has also boarded 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 appeai would have been heard in June; it was put off until July 7. The garbage 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 will 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 cunent owner is Housing and Urban Development (HUD). There have been five snmmary abatement notices for securing the dwelling and gazage, 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 taxes 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 Strathman. Gerry SYrathman asked the prospective owners did they have a copy of the coc3e enforcemeni report, and also when the purchase will be completed. Jim 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 cIosing date can be set. Their intent is to remove the garage, take care of the outside structures, and then start on the interior. Mr. Strathman stated once ownership is established, a $2,000 bond will need to be posted. �iy a�' "�' MINUTES OF TI� I.EGISLATIVE HEARING OF 7-21-98 Page 3 Mr. Strathman received one letter from a neighbor asking for the property to be demolished. Gerry Strathman recommends laying over to September 15 for the ownership to be established. 766 Jackson Street No one appeazed 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 representative concerning plans for the building. Gerry Strathman recommends approval of the fifteen day order to remove or repair. 224 West Cottage Avenue No one appeared representing the property. 7eff Hawkins reported the vehicie has been removed. Gerry Strathman recommends denying the appeal. The meeting was adjourned at 10:41 DEPAKTi�.'NT OF FIRE AND SAFETY SERVICES Timo6ry K Fuller, Fire Chief � DMSION OF PROPERTY CODE ENFORCEMEN'f C �� Clwrles Yote1, Program Director � f/ .� 9 CTTY OF SAINf PAUL Norm Coleman, �Lfayar 7une 19, 1998 Nuisance Building Code Enjorcement SSi Ceda� Street Tel: 612-298-4l53 Saixt Paul, IvLV 55101-??60 Fac: 6/2-228-3170 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council � Aesea�ch G��'te� JUN 2 41998 Department of Fire and Safety Services, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 875 Watson Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 21, 1998 City Council Hearing - Wednesday, August 5, 1993 The owners and responsible parties of record are: Name and I,ast Known Address Interest H.U.D. Property Disposition 220 Second Street South Minneapolis, MN 55401 Attn: Sophie Hallauer Pham Express, Inc. 401 79th Street West Bloomington, MN 55420 Attn: Gene Johnson First Nation Mortgage Attn: Angela Hanshew 5280 Corporate Drive Frederick, MD 21702 Mortgagee Agent for Mortgagee Interested Party 875 Watson Avenue June 19, 1998 Page 2 The legal description of this property is: L,ot 27, Block 3, Watsons Addition to St. Paul, Minnesota. ��y �� 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 correcting the deficiencies or by razin� and removing this building(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 collected in the same manner as taxes. Sincerely, � �� Renet Weiss Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Services RW:ml cc: Frank Berg, Buildin� Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housin; Division 01-98 DEPAR"I'MENT OF FIRE AND SAFETY SERVICES Timothy K. Fuller, Fire Chief CTTY OF SAII�IT PAUL Norm Colemmi, Mayor June 19, 1998 TO: FROM: SUBJECT: Racquel Naylor Council Research Nancy Anderson Office of the Ciry Council DMSION OF PROPERTY CODE ENFORCEMEN'I' Charles Pofel, Program Director � Nuisance Bui/ding Code Enforcement SSS Cede Street Zel: 612-298-4153 Saint Pau[, MN SSI01-2260 Fax: 672-228-3770 Masine Linston Department of Fire and Safety Services, Division of Code Enforcement Public Hearings for Demolitions The following properties have been declared nuisances and are scheduled for public hearings to consider repair or demolition of the properry. Address 766 Jackson Street 875 Watson Avenue LegisIative Hearing Tuesday, July 21, 1998 61610 61611 CITY COUNCIL HEARING Wednesday, August 5, 1998 PLEASE MARK YOUR CALENDAR 7�� „ uf1�;, �mv��"�,` C?,_` Green Sheet Number c�7�� S EJ�� ORlG1��1� �� a r a� � q ��1�g File # Sheet # Presented By Referred To Committee: Date � � G1�11 WHEREAS, Department of Fire and Safety Servi s, Division of Code Enforcement has requested the City Council to hold public hearings to c ider the advisability and necessity of ordering the repair or wrecking and removal of a tw story, wood frame structure with a detached, two-stall, concrete block garage located on prope ereinafter refened to as the "Subject Property" and commonly laiown as 875 Watson Avenue. is properiy is legally described as follows, to wit: I,ot 27, Block 3, Watsons Addition to . Paul, Minnesota WHEREAS, based upon the information obtained by Division of are the now lrnown interested or res Disposition, 220 Second Street Souf Express, Inc., 401 79th Street We Mortgage, Attn: Angela Hanshew,� � cord in the Ramsey Counry Recorder's Office and od Enforcement on or before March 26, 1998, the following � ible parties for the Subject Property: H.U.D. Property inneapolis, MN 55401, Attn: Sophie Hallauer; Pham Bloomington, MN 55420, Attn: Gene 7ohnson; First Nation BO Corporate Drive, Frederick, MD 21702 WHEREAS, Division Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Pa gislative Code an order idenfified as an"Order to Abate Nuisance Building(s)" dated April 3, 1998; and WHEREAS, th' order informed the then lrnown interested or responsible parties that the structure located on Subject Property is a nuisance building(s) pursuant to Chapter 45; and demolish the this this order informed the interested or responsible parties that they must repair or re located on the Subject Property by June 1, 1998; and ;AS, the enforcement officer has posted a placard on the Subject Property declaring to constitute a nuisance condition; subject to demolition; and EREAS, this nuisance condition has not been corrected and Division of Code ent requested that the City Clerk schedule public hearings befare the L.egislative Hearing of the Ciry Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accordance ith the provisions of Cl�apter 45 of the Saint Paul Legislative Code, of the tune, date, place and purpose of the public hearings; and °l£c-1t�} o Q+�_ �� /bV{EIEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City �� f��z��d$Tuesday, 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 S�bject Properiy safe and not detrimental to the public peace, health, safety and 5 welfare and remove its blighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternarive by demolishing 7 removing the structure in accordance wiffi ail applicable codes and ordinances. The reha ' itarion or 8 demolition of the structure to be completed within fifteen (15) days after the date of th ouncil 9 Aearing; and 10 11 WHEREAS, a hearing was held before the Saint Paul Ciry Council on W dnesday, August 5, 12 1998 and the testimony and evidence including the action taken by the I,egisl ve Hearing O�cer 13 was considered by the Council; now therefore 14 15 BE IT RESOLVED, that based upon the testimony and evidenc presented at the above 16 referenced public hearings, the Saint Paul City Council hereby adopt the following Findings and 17 Order concerning the Subject Property at 875 Watson Avenue: 18 19 1. That the Subject Property comprises a nuisance ndition as de£med in Saint Paul 20 Legislative Code, Chapter 45. 21 22 2. That the costs of demolition and removal o this building(s) is estimated to exceed 23 three thousand dollars ($3,000.00). 24 25 3. That there now exists and has existe ultiple Housing or Building code violations at 26 the Subject Properry. 27 28 4. That an Order to Abate Nuisan Building(s) was sent to the then known responsible 29 parties to conect the deficie ies or to demolish and remove the building(s). 30 31 5. That the deficiencies cau ' g this nuisance condition have not been corrected. 32 33 6. That Division of Cod Enforcement has posted a placard on the Subject Properry 34 which declares it to e a nuisance condition subject to demolition. 35 36 7. That this build' has been routinely monitored by the Department of Fire and Safety 37 Services, Did ion of Code Enforcement, VacanUNuisance Buildings. 38 39 8. That the own interested parties and owners are as previously stated in this 40 resoluti and that the notification requirements of Chapter 45 have been fulfilled. 41 42 ORDER 43 The Saint aul Ciry Council hereby makes the following order: 44 45 1. The a ove referenced interested or responsible parties shall make the Subject Properiy safe 46 and ot detrimental to the public peace, health, safety and welfare and remove its blighting 47 ' uence on the communiry by rehabilitating this structure and correcting all deficiencies as 48 rescribed 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 Hearing. ORIGINAL a�-�+�t 2. If the above corrective action is not completed within this period of time the Fire and Safety Services, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge ffie costs inc ed against the Subject Properry p»��ant to the provisions of Chapter 45 of the Saint P Legislative Code. 3. In the event the building is to be demolished and removed by the City of Sa' t Paul, all personal properry or fixtures of any kind which interfere with the demoli ' n and removal shall be removed from the properry by the responsible parties by the e of this time period. If all personal property is not removed, it shall be considered to be a ndoned and the City of Saint Paul shall remove and dispose of such properry as provid by law. 4. It is further ordered, that a copy of this resolution be mailed t the owners and interested parties in accordance with Chapter 45 of the Saint Paul Leg' ative Code. Requested by Department of: Fire• Co � Enforcement Division By: K/ w Adopted by Council: Adoption Certified by Searetary By: Approved by Mayor Date By: Form Approved by City Attorney By: G`i' � N' �{�'y� Division of Code Enforcement 292-7718 06/19/98 GREEN SHEET qg -� �� No 61611 a� �� .,�,��.« 5, 1998 / /ff, � TOTAL # OF SIGNATURE PAGES � �,.,.�. �►y ��/q� ❑ �,� ❑AYKMLiERNCFJOR ❑lNMICYLLiERVq1CCf6 � WYORI�Y.IITf� ❑ V (CLIP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolufion, Department of Fire and Safety Services, Division of Code Enforcement is ordered to remove the building. The subject property is located at 875 Watson Avenue. PIANNING COMMISSION CIB COMMRTEE CML SERVICE CAMMISSION �. �aas wis perso�u5rm e�er vurlced unaer e conrrac� r« uus aepammemz ^'r _ YES NO 2. Has this pe'soNfirm ever Daen e cily anpbyee't - VES NO 3. Da� this persoNfi�m possese a sldtl not normaltypossessetl by any aareM city empbyee? YES NO 4. IsthispeisoMumatergetedvendoR - YES NO Emlain a�l ves anaweis on seoaiate sheet arM aVach to creen sheet 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 lrnown to the Enforcement Officer were given an order to repair or remove the building at 875_ Watson Avenue by June 1, 1998, and have failed to comply with those orders. �� s =G, ,� n� s� JU�i �23 3�� The City will eliminate a niusance. �� ISADVANTAGES IFAPPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. t� niusaiice con�ihon will remain unabated in the City. This building(s) wiil continue to blight the community. � - � OTAL AMOUNT OF TRANSACTION S COST/REVRIUE BUDfiETED (CIRCLE ON� VES NO Nuisance Housing Abatement 61 UNDINO SOURCE ACTIVITV NUMBER (IXPINN) Cour�c's! Re�€��ch Genfsr , ROUTING ORDER: Belrnv sre cociectrontings for the six most freqoent � of doc�ts: , CO23TR'ACTS, sufhorized'bud e�sYs C (�� g� ) ouricu:�soiuitox(�abnas��nt �) , ' � i. o�aea��,y' � � � � i. ��,enc�;�o� � � �� " . � i. ��cnu�� z. o�'� �F�s� s�� v� � � �°3. CilyAttomeq� � � � � 3 C��p � � , � � � 4. ,MayorlAssistant (for conhacts over $25,000) 4 �fayor/A�+cta��r � � -s. ��x� <� �nti� � sso;000� , � � � � s � c�rc��t � � � � � � � � � � � � � �� , 6.' O�ce ofFinanciat Services - A�tmg , 6 Offce, ofFinancisl,Services - AccouNmg, ,' ADbIINISTRAIIVE ORDERS (BudgetRe,visi�) COUNCIC. RESOlUTLON (all Wheis �d ��ces) °, ' "�"1- Ac4ivitFMav88erorIkpaitm�tAccuimtant T., Depffiim�Director 2 Depar�entDuector" , , �.'CityAttorney � .�,� 3_ OfficcofFinsnci'al,ServicesDuector 3'. Mayas/Assist�t�" � � � � � � � � � � � 4. , Cilp Cl�k . 4. Cify Cotmcil, ' � ,5_ OfficeofFinaaeialSavaces-�Accouniin8, � � � � � � � � �� ' � t1DMINISTRAITVE ORDE[2S (all,oUiers) E3�UTTVE ORDFR �1 DepmimentDirector �� 1 Depazmnent'D`uector, � � �� "2: City Auaney ., 2, Crtp Aitomeq ', ��3..O�ce,ofFiu�ciai',ServicesDnector" ' � 3.�� _ � � . M�porfAs�st�nt ' „ , „ , ; 4. CityCleik ' 4:, CityCleak ',;, , "` TOTAL NUMBER ,OE SFGNt4TURE PAC�S � � � � � � � � � � � � � � � Indicate the # ofpages on wlrich si�atiues ere ta9,�� P��P or flsg each of'theae pagea. �AC'PIONREQUFSTED,� � ��' � ' �r � , � Descx�'be wt�at � Pnojedlre�st seeks,to accomplish in either order or order o£impoitanc� wluchever is ' mostappropriateforthe�isme: Donotwiue letesentences. gegine� ,� - comp item in,ya� list with avab. RECOMh��1Q�IDATIONS , r:,Compldeiftfieissueinquestionhasbeenpre.sentedheforean3'�YP�kc�p:ivafe: �- ' ' ' � � �PERSONAL SERVICE CONTRAC'fS: � � � � � � � � � � This�mfamahom�vill todeteimme'tfieci � ' � � • � • proper� - � � �� be used , �t}�s liab�tyf� workeis �� cla�ms, tazces �md crvil � � � s�nceLinngruies: . ' , ,II�7117A�IN(3PBO�LEM,I,S'SIIE OPPORI[7NPfY � � � "� � � � � Expfain the sittiation ot conditions tLat cicated a�edforyourprojed orrequest. � � � AD�IANfAGESIFAPPROVFA � � � �` �� , Tndicate whefher this is simPlS �� b�Set Procedu�e re4uiced bY law/cHsrta orwLetherthece s�e specific ways in , which the City of $aint P�a1 �d iLs'citizens wilt benefikfrom fbix projed/�tion. ; � � I7ISAD��ANTAGE3 3E �APPROVID ' � � � � � � ` �� ; � � � � � � � � � � � Whetnegetiveeffecfs�mala��O�°B�P�P��B��Prol�re4�Pr��itrspassed � ( g . ,' w�hom� When?Forfio�rTong`I ; , , e- > traffic delays,; no�se, tax inaeages � asses�ents)7 To � � DISADVANTAfiESIF,NOT��:PPI�OVID� � � �� Whatwillbethe'tiegativeeonseqaeaces,iftl�promisedac4onisnotappraved? rnab�TiLg Co�nve,' , h�glihe�c,noise,eccident;tate? Lossofreven�?'' , ' FINANGIAL IlNPACT , Alihonghyw mnst tmlor the ioformationyou provide here to the issae �iou are, ad�ssin& m Se�al You must,answer' "' � � two�qaestions:�I3owmac]Y,isitgomgtocosk� Who',is'gomgtopa}ri � � � �� . � . � � � � � � � , � � � � � � � � � „ � , „ �� , � � ' „ � � 6 � �� ' , .,. � . ,i,u � `a. �I�� , ,. ; l� , r , i ,� � � � � ��, � � � � ��.�:�y 1. ; �h� 3. LEGISLATIVE HEARING Date: July 21, 1998 Time: 10:00 a.m. Place: Room 330 City Hall c�g -� �� 15 West Keliogg Boulevard Gerry Strathman Legislative Hearing Officer Summary abatement appeal for 230/240 Dale Street North The Legislative Hearing Officer recommends denying the appeal. 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 buiIding. The Legislative Hearing Officer recommends laying over to the September 15 Legislative Hearing. Resolution ordering the owner to remove or repair the building located at 766 Jackson Sueet. If the owner fails to comply with the resolution, 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 Cotta¢e Avenue. The Legislative Hearing O�cer recommends denying the appeal. 7'� p� •'lhs MINUTES OF THE LEGISLATTVE HEARING July 21, 1998 Room 33Q City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Jeff Hawkins, Code Enforcement; Steve Magner, Code Enforcement Getry Strathman called the meeting to order at 10:03 am. 230/240 Dale Street North L,aurel Mazch, owner, appeazed and presented two documents to Gerry Strathman: one showed where the building was located and the other documents was entitled Deciaration of Covenants, Easements and Restrictions. Ms. Mazch stated there are six parcels to this land. The seventh parcel holds six garages. Ms. Mazch owns Pazcels C and D. Each individual parcel has a designated stali. Ms. March has a right to use Pazking Stalls C and D. Tt�ere are six different tenants and four different owners. The declaration reads that the "owner shall be liable for the expense of repairing or rebuilding the building or structure involved to the extent that such expenses are not covered by insurance maintained by the owner." The Declaradon also reads "Each Owner shall use the Gazage Parce2 in such a way so as not to create a nuisance or dangerous condition..." Ms. March stated over the years these properties have been a place for people to drop off car 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 yeazs, Ms. Mazch was bilied 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 March's contention that the situation is the result of the negligent or intentionai acts of the owners. Ms. March 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 $awkins, Code Enforcement, reported 230/240 Dale Street North has been a chronic problem. L.aurel Mazch is the only owner that works with Code Enforcement. 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. March provided paperwork to verify that. A couple of the owners and the real estate agent say it is not common grouncF. Any repeat visits to 230/240 Dale will be a citation each time. It has to be detennined if the tags wiI1 go to all six people. The owners aze 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. He 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 are not being used. ��y a�=� MINUTES OF THE LEGISLATIVE HEARING OF 7-21-98 Page 2 Gerry Strathtnan stated the real issue is if the abatement order directed to the right party. Laurel Mazch agreed that is the issue. Mr. Strathman asked why the order was directed to Ms. March specifically. Jeff Hawkins stated there are several abatement orders to Ms. Mazch and the other owners. The fust one went to Ms. Mazch who corrected Mr. Hawkins and said it wasn't her gazage but a common interest. Then Mr. Hawkins summary abated everyone. Gerry Strathman stated it does seem that Ms. Mazch's position is reasonable, that the owner of the gazage 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 declaration does say any cost to maintaining or upkeeping is all split by 1/6. Mr. Strathman stated it is up to the courts to detemune liability and not a determination to be decided here, however Ms. Mazch's interpretation is reasonable and is an interpretation that Code Enforcement could follow. Gerry Strathman asked has it been abated yet. 7eff Hawkins responded the City cleaned out the garage on June 23 for $705. The City has also boarded 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 appeai would have been heard in June; it was put off until July 7. The garbage 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 will 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 cunent owner is Housing and Urban Development (HUD). There have been five snmmary abatement notices for securing the dwelling and gazage, 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 taxes 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 Strathman. Gerry SYrathman asked the prospective owners did they have a copy of the coc3e enforcemeni report, and also when the purchase will be completed. Jim 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 cIosing date can be set. Their intent is to remove the garage, take care of the outside structures, and then start on the interior. Mr. Strathman stated once ownership is established, a $2,000 bond will need to be posted. �iy a�' "�' MINUTES OF TI� I.EGISLATIVE HEARING OF 7-21-98 Page 3 Mr. Strathman received one letter from a neighbor asking for the property to be demolished. Gerry Strathman recommends laying over to September 15 for the ownership to be established. 766 Jackson Street No one appeazed 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 representative concerning plans for the building. Gerry Strathman recommends approval of the fifteen day order to remove or repair. 224 West Cottage Avenue No one appeared representing the property. 7eff Hawkins reported the vehicie has been removed. Gerry Strathman recommends denying the appeal. The meeting was adjourned at 10:41 DEPAKTi�.'NT OF FIRE AND SAFETY SERVICES Timo6ry K Fuller, Fire Chief � DMSION OF PROPERTY CODE ENFORCEMEN'f C �� Clwrles Yote1, Program Director � f/ .� 9 CTTY OF SAINf PAUL Norm Coleman, �Lfayar 7une 19, 1998 Nuisance Building Code Enjorcement SSi Ceda� Street Tel: 612-298-4l53 Saixt Paul, IvLV 55101-??60 Fac: 6/2-228-3170 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council � Aesea�ch G��'te� JUN 2 41998 Department of Fire and Safety Services, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 875 Watson Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 21, 1998 City Council Hearing - Wednesday, August 5, 1993 The owners and responsible parties of record are: Name and I,ast Known Address Interest H.U.D. Property Disposition 220 Second Street South Minneapolis, MN 55401 Attn: Sophie Hallauer Pham Express, Inc. 401 79th Street West Bloomington, MN 55420 Attn: Gene Johnson First Nation Mortgage Attn: Angela Hanshew 5280 Corporate Drive Frederick, MD 21702 Mortgagee Agent for Mortgagee Interested Party 875 Watson Avenue June 19, 1998 Page 2 The legal description of this property is: L,ot 27, Block 3, Watsons Addition to St. Paul, Minnesota. ��y �� 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 correcting the deficiencies or by razin� and removing this building(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 collected in the same manner as taxes. Sincerely, � �� Renet Weiss Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Services RW:ml cc: Frank Berg, Buildin� Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housin; Division 01-98 DEPAR"I'MENT OF FIRE AND SAFETY SERVICES Timothy K. Fuller, Fire Chief CTTY OF SAII�IT PAUL Norm Colemmi, Mayor June 19, 1998 TO: FROM: SUBJECT: Racquel Naylor Council Research Nancy Anderson Office of the Ciry Council DMSION OF PROPERTY CODE ENFORCEMEN'I' Charles Pofel, Program Director � Nuisance Bui/ding Code Enforcement SSS Cede Street Zel: 612-298-4153 Saint Pau[, MN SSI01-2260 Fax: 672-228-3770 Masine Linston Department of Fire and Safety Services, Division of Code Enforcement Public Hearings for Demolitions The following properties have been declared nuisances and are scheduled for public hearings to consider repair or demolition of the properry. Address 766 Jackson Street 875 Watson Avenue LegisIative Hearing Tuesday, July 21, 1998 61610 61611 CITY COUNCIL HEARING Wednesday, August 5, 1998 PLEASE MARK YOUR CALENDAR 7�� „ uf1�;, �mv��"�,` C?,_` Green Sheet Number c�7�� S EJ�� ORlG1��1� �� a r a� � q ��1�g File # Sheet # Presented By Referred To Committee: Date � � G1�11 WHEREAS, Department of Fire and Safety Servi s, Division of Code Enforcement has requested the City Council to hold public hearings to c ider the advisability and necessity of ordering the repair or wrecking and removal of a tw story, wood frame structure with a detached, two-stall, concrete block garage located on prope ereinafter refened to as the "Subject Property" and commonly laiown as 875 Watson Avenue. is properiy is legally described as follows, to wit: I,ot 27, Block 3, Watsons Addition to . Paul, Minnesota WHEREAS, based upon the information obtained by Division of are the now lrnown interested or res Disposition, 220 Second Street Souf Express, Inc., 401 79th Street We Mortgage, Attn: Angela Hanshew,� � cord in the Ramsey Counry Recorder's Office and od Enforcement on or before March 26, 1998, the following � ible parties for the Subject Property: H.U.D. Property inneapolis, MN 55401, Attn: Sophie Hallauer; Pham Bloomington, MN 55420, Attn: Gene 7ohnson; First Nation BO Corporate Drive, Frederick, MD 21702 WHEREAS, Division Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Pa gislative Code an order idenfified as an"Order to Abate Nuisance Building(s)" dated April 3, 1998; and WHEREAS, th' order informed the then lrnown interested or responsible parties that the structure located on Subject Property is a nuisance building(s) pursuant to Chapter 45; and demolish the this this order informed the interested or responsible parties that they must repair or re located on the Subject Property by June 1, 1998; and ;AS, the enforcement officer has posted a placard on the Subject Property declaring to constitute a nuisance condition; subject to demolition; and EREAS, this nuisance condition has not been corrected and Division of Code ent requested that the City Clerk schedule public hearings befare the L.egislative Hearing of the Ciry Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accordance ith the provisions of Cl�apter 45 of the Saint Paul Legislative Code, of the tune, date, place and purpose of the public hearings; and °l£c-1t�} o Q+�_ �� /bV{EIEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City �� f��z��d$Tuesday, 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 S�bject Properiy safe and not detrimental to the public peace, health, safety and 5 welfare and remove its blighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternarive by demolishing 7 removing the structure in accordance wiffi ail applicable codes and ordinances. The reha ' itarion or 8 demolition of the structure to be completed within fifteen (15) days after the date of th ouncil 9 Aearing; and 10 11 WHEREAS, a hearing was held before the Saint Paul Ciry Council on W dnesday, August 5, 12 1998 and the testimony and evidence including the action taken by the I,egisl ve Hearing O�cer 13 was considered by the Council; now therefore 14 15 BE IT RESOLVED, that based upon the testimony and evidenc presented at the above 16 referenced public hearings, the Saint Paul City Council hereby adopt the following Findings and 17 Order concerning the Subject Property at 875 Watson Avenue: 18 19 1. That the Subject Property comprises a nuisance ndition as de£med in Saint Paul 20 Legislative Code, Chapter 45. 21 22 2. That the costs of demolition and removal o this building(s) is estimated to exceed 23 three thousand dollars ($3,000.00). 24 25 3. That there now exists and has existe ultiple Housing or Building code violations at 26 the Subject Properry. 27 28 4. That an Order to Abate Nuisan Building(s) was sent to the then known responsible 29 parties to conect the deficie ies or to demolish and remove the building(s). 30 31 5. That the deficiencies cau ' g this nuisance condition have not been corrected. 32 33 6. That Division of Cod Enforcement has posted a placard on the Subject Properry 34 which declares it to e a nuisance condition subject to demolition. 35 36 7. That this build' has been routinely monitored by the Department of Fire and Safety 37 Services, Did ion of Code Enforcement, VacanUNuisance Buildings. 38 39 8. That the own interested parties and owners are as previously stated in this 40 resoluti and that the notification requirements of Chapter 45 have been fulfilled. 41 42 ORDER 43 The Saint aul Ciry Council hereby makes the following order: 44 45 1. The a ove referenced interested or responsible parties shall make the Subject Properiy safe 46 and ot detrimental to the public peace, health, safety and welfare and remove its blighting 47 ' uence on the communiry by rehabilitating this structure and correcting all deficiencies as 48 rescribed 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 Hearing. ORIGINAL a�-�+�t 2. If the above corrective action is not completed within this period of time the Fire and Safety Services, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge ffie costs inc ed against the Subject Properry p»��ant to the provisions of Chapter 45 of the Saint P Legislative Code. 3. In the event the building is to be demolished and removed by the City of Sa' t Paul, all personal properry or fixtures of any kind which interfere with the demoli ' n and removal shall be removed from the properry by the responsible parties by the e of this time period. If all personal property is not removed, it shall be considered to be a ndoned and the City of Saint Paul shall remove and dispose of such properry as provid by law. 4. It is further ordered, that a copy of this resolution be mailed t the owners and interested parties in accordance with Chapter 45 of the Saint Paul Leg' ative Code. Requested by Department of: Fire• Co � Enforcement Division By: K/ w Adopted by Council: Adoption Certified by Searetary By: Approved by Mayor Date By: Form Approved by City Attorney By: G`i' � N' �{�'y� Division of Code Enforcement 292-7718 06/19/98 GREEN SHEET qg -� �� No 61611 a� �� .,�,��.« 5, 1998 / /ff, � TOTAL # OF SIGNATURE PAGES � �,.,.�. �►y ��/q� ❑ �,� ❑AYKMLiERNCFJOR ❑lNMICYLLiERVq1CCf6 � WYORI�Y.IITf� ❑ V (CLIP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolufion, Department of Fire and Safety Services, Division of Code Enforcement is ordered to remove the building. The subject property is located at 875 Watson Avenue. PIANNING COMMISSION CIB COMMRTEE CML SERVICE CAMMISSION �. �aas wis perso�u5rm e�er vurlced unaer e conrrac� r« uus aepammemz ^'r _ YES NO 2. Has this pe'soNfirm ever Daen e cily anpbyee't - VES NO 3. Da� this persoNfi�m possese a sldtl not normaltypossessetl by any aareM city empbyee? YES NO 4. IsthispeisoMumatergetedvendoR - YES NO Emlain a�l ves anaweis on seoaiate sheet arM aVach to creen sheet 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 lrnown to the Enforcement Officer were given an order to repair or remove the building at 875_ Watson Avenue by June 1, 1998, and have failed to comply with those orders. �� s =G, ,� n� s� JU�i �23 3�� The City will eliminate a niusance. �� ISADVANTAGES IFAPPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. t� niusaiice con�ihon will remain unabated in the City. This building(s) wiil continue to blight the community. � - � OTAL AMOUNT OF TRANSACTION S COST/REVRIUE BUDfiETED (CIRCLE ON� VES NO Nuisance Housing Abatement 61 UNDINO SOURCE ACTIVITV NUMBER (IXPINN) Cour�c's! Re�€��ch Genfsr , ROUTING ORDER: Belrnv sre cociectrontings for the six most freqoent � of doc�ts: , CO23TR'ACTS, sufhorized'bud e�sYs C (�� g� ) ouricu:�soiuitox(�abnas��nt �) , ' � i. o�aea��,y' � � � � i. ��,enc�;�o� � � �� " . � i. ��cnu�� z. o�'� �F�s� s�� v� � � �°3. CilyAttomeq� � � � � 3 C��p � � , � � � 4. ,MayorlAssistant (for conhacts over $25,000) 4 �fayor/A�+cta��r � � -s. ��x� <� �nti� � sso;000� , � � � � s � c�rc��t � � � � � � � � � � � � � �� , 6.' O�ce ofFinanciat Services - A�tmg , 6 Offce, ofFinancisl,Services - AccouNmg, ,' ADbIINISTRAIIVE ORDERS (BudgetRe,visi�) COUNCIC. RESOlUTLON (all Wheis �d ��ces) °, ' "�"1- Ac4ivitFMav88erorIkpaitm�tAccuimtant T., Depffiim�Director 2 Depar�entDuector" , , �.'CityAttorney � .�,� 3_ OfficcofFinsnci'al,ServicesDuector 3'. Mayas/Assist�t�" � � � � � � � � � � � 4. , Cilp Cl�k . 4. Cify Cotmcil, ' � ,5_ OfficeofFinaaeialSavaces-�Accouniin8, � � � � � � � � �� ' � t1DMINISTRAITVE ORDE[2S (all,oUiers) E3�UTTVE ORDFR �1 DepmimentDirector �� 1 Depazmnent'D`uector, � � �� "2: City Auaney ., 2, Crtp Aitomeq ', ��3..O�ce,ofFiu�ciai',ServicesDnector" ' � 3.�� _ � � . M�porfAs�st�nt ' „ , „ , ; 4. CityCleik ' 4:, CityCleak ',;, , "` TOTAL NUMBER ,OE SFGNt4TURE PAC�S � � � � � � � � � � � � � � � Indicate the # ofpages on wlrich si�atiues ere ta9,�� P��P or flsg each of'theae pagea. �AC'PIONREQUFSTED,� � ��' � ' �r � , � Descx�'be wt�at � Pnojedlre�st seeks,to accomplish in either order or order o£impoitanc� wluchever is ' mostappropriateforthe�isme: Donotwiue letesentences. gegine� ,� - comp item in,ya� list with avab. RECOMh��1Q�IDATIONS , r:,Compldeiftfieissueinquestionhasbeenpre.sentedheforean3'�YP�kc�p:ivafe: �- ' ' ' � � �PERSONAL SERVICE CONTRAC'fS: � � � � � � � � � � This�mfamahom�vill todeteimme'tfieci � ' � � • � • proper� - � � �� be used , �t}�s liab�tyf� workeis �� cla�ms, tazces �md crvil � � � s�nceLinngruies: . ' , ,II�7117A�IN(3PBO�LEM,I,S'SIIE OPPORI[7NPfY � � � "� � � � � Expfain the sittiation ot conditions tLat cicated a�edforyourprojed orrequest. � � � AD�IANfAGESIFAPPROVFA � � � �` �� , Tndicate whefher this is simPlS �� b�Set Procedu�e re4uiced bY law/cHsrta orwLetherthece s�e specific ways in , which the City of $aint P�a1 �d iLs'citizens wilt benefikfrom fbix projed/�tion. ; � � I7ISAD��ANTAGE3 3E �APPROVID ' � � � � � � ` �� ; � � � � � � � � � � � Whetnegetiveeffecfs�mala��O�°B�P�P��B��Prol�re4�Pr��itrspassed � ( g . ,' w�hom� When?Forfio�rTong`I ; , , e- > traffic delays,; no�se, tax inaeages � asses�ents)7 To � � DISADVANTAfiESIF,NOT��:PPI�OVID� � � �� Whatwillbethe'tiegativeeonseqaeaces,iftl�promisedac4onisnotappraved? rnab�TiLg Co�nve,' , h�glihe�c,noise,eccident;tate? Lossofreven�?'' , ' FINANGIAL IlNPACT , Alihonghyw mnst tmlor the ioformationyou provide here to the issae �iou are, ad�ssin& m Se�al You must,answer' "' � � two�qaestions:�I3owmac]Y,isitgomgtocosk� Who',is'gomgtopa}ri � � � �� . � . � � � � � � � , � � � � � � � � � „ � , „ �� , � � ' „ � � 6 � �� ' , .,. � . ,i,u � `a. �I�� , ,. ; l� , r , i ,� � � � � ��, � � � � ��.�:�y 1. ; �h� 3. LEGISLATIVE HEARING Date: July 21, 1998 Time: 10:00 a.m. Place: Room 330 City Hall c�g -� �� 15 West Keliogg Boulevard Gerry Strathman Legislative Hearing Officer Summary abatement appeal for 230/240 Dale Street North The Legislative Hearing Officer recommends denying the appeal. 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 buiIding. The Legislative Hearing Officer recommends laying over to the September 15 Legislative Hearing. Resolution ordering the owner to remove or repair the building located at 766 Jackson Sueet. If the owner fails to comply with the resolution, 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 Cotta¢e Avenue. The Legislative Hearing O�cer recommends denying the appeal. 7'� p� •'lhs MINUTES OF THE LEGISLATTVE HEARING July 21, 1998 Room 33Q City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Jeff Hawkins, Code Enforcement; Steve Magner, Code Enforcement Getry Strathman called the meeting to order at 10:03 am. 230/240 Dale Street North L,aurel Mazch, owner, appeazed and presented two documents to Gerry Strathman: one showed where the building was located and the other documents was entitled Deciaration of Covenants, Easements and Restrictions. Ms. Mazch stated there are six parcels to this land. The seventh parcel holds six garages. Ms. Mazch owns Pazcels C and D. Each individual parcel has a designated stali. Ms. March has a right to use Pazking Stalls C and D. Tt�ere are six different tenants and four different owners. The declaration reads that the "owner shall be liable for the expense of repairing or rebuilding the building or structure involved to the extent that such expenses are not covered by insurance maintained by the owner." The Declaradon also reads "Each Owner shall use the Gazage Parce2 in such a way so as not to create a nuisance or dangerous condition..." Ms. March stated over the years these properties have been a place for people to drop off car 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 yeazs, Ms. Mazch was bilied 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 March's contention that the situation is the result of the negligent or intentionai acts of the owners. Ms. March 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 $awkins, Code Enforcement, reported 230/240 Dale Street North has been a chronic problem. L.aurel Mazch is the only owner that works with Code Enforcement. 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. March provided paperwork to verify that. A couple of the owners and the real estate agent say it is not common grouncF. Any repeat visits to 230/240 Dale will be a citation each time. It has to be detennined if the tags wiI1 go to all six people. The owners aze 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. He 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 are not being used. ��y a�=� MINUTES OF THE LEGISLATIVE HEARING OF 7-21-98 Page 2 Gerry Strathtnan stated the real issue is if the abatement order directed to the right party. Laurel Mazch agreed that is the issue. Mr. Strathman asked why the order was directed to Ms. March specifically. Jeff Hawkins stated there are several abatement orders to Ms. Mazch and the other owners. The fust one went to Ms. Mazch who corrected Mr. Hawkins and said it wasn't her gazage but a common interest. Then Mr. Hawkins summary abated everyone. Gerry Strathman stated it does seem that Ms. Mazch's position is reasonable, that the owner of the gazage 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 declaration does say any cost to maintaining or upkeeping is all split by 1/6. Mr. Strathman stated it is up to the courts to detemune liability and not a determination to be decided here, however Ms. Mazch's interpretation is reasonable and is an interpretation that Code Enforcement could follow. Gerry Strathman asked has it been abated yet. 7eff Hawkins responded the City cleaned out the garage on June 23 for $705. The City has also boarded 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 appeai would have been heard in June; it was put off until July 7. The garbage 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 will 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 cunent owner is Housing and Urban Development (HUD). There have been five snmmary abatement notices for securing the dwelling and gazage, 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 taxes 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 Strathman. Gerry SYrathman asked the prospective owners did they have a copy of the coc3e enforcemeni report, and also when the purchase will be completed. Jim 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 cIosing date can be set. Their intent is to remove the garage, take care of the outside structures, and then start on the interior. Mr. Strathman stated once ownership is established, a $2,000 bond will need to be posted. �iy a�' "�' MINUTES OF TI� I.EGISLATIVE HEARING OF 7-21-98 Page 3 Mr. Strathman received one letter from a neighbor asking for the property to be demolished. Gerry Strathman recommends laying over to September 15 for the ownership to be established. 766 Jackson Street No one appeazed 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 representative concerning plans for the building. Gerry Strathman recommends approval of the fifteen day order to remove or repair. 224 West Cottage Avenue No one appeared representing the property. 7eff Hawkins reported the vehicie has been removed. Gerry Strathman recommends denying the appeal. The meeting was adjourned at 10:41 DEPAKTi�.'NT OF FIRE AND SAFETY SERVICES Timo6ry K Fuller, Fire Chief � DMSION OF PROPERTY CODE ENFORCEMEN'f C �� Clwrles Yote1, Program Director � f/ .� 9 CTTY OF SAINf PAUL Norm Coleman, �Lfayar 7une 19, 1998 Nuisance Building Code Enjorcement SSi Ceda� Street Tel: 612-298-4l53 Saixt Paul, IvLV 55101-??60 Fac: 6/2-228-3170 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council � Aesea�ch G��'te� JUN 2 41998 Department of Fire and Safety Services, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 875 Watson Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 21, 1998 City Council Hearing - Wednesday, August 5, 1993 The owners and responsible parties of record are: Name and I,ast Known Address Interest H.U.D. Property Disposition 220 Second Street South Minneapolis, MN 55401 Attn: Sophie Hallauer Pham Express, Inc. 401 79th Street West Bloomington, MN 55420 Attn: Gene Johnson First Nation Mortgage Attn: Angela Hanshew 5280 Corporate Drive Frederick, MD 21702 Mortgagee Agent for Mortgagee Interested Party 875 Watson Avenue June 19, 1998 Page 2 The legal description of this property is: L,ot 27, Block 3, Watsons Addition to St. Paul, Minnesota. ��y �� 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 correcting the deficiencies or by razin� and removing this building(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 collected in the same manner as taxes. Sincerely, � �� Renet Weiss Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Services RW:ml cc: Frank Berg, Buildin� Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housin; Division 01-98 DEPAR"I'MENT OF FIRE AND SAFETY SERVICES Timothy K. Fuller, Fire Chief CTTY OF SAII�IT PAUL Norm Colemmi, Mayor June 19, 1998 TO: FROM: SUBJECT: Racquel Naylor Council Research Nancy Anderson Office of the Ciry Council DMSION OF PROPERTY CODE ENFORCEMEN'I' Charles Pofel, Program Director � Nuisance Bui/ding Code Enforcement SSS Cede Street Zel: 612-298-4153 Saint Pau[, MN SSI01-2260 Fax: 672-228-3770 Masine Linston Department of Fire and Safety Services, Division of Code Enforcement Public Hearings for Demolitions The following properties have been declared nuisances and are scheduled for public hearings to consider repair or demolition of the properry. Address 766 Jackson Street 875 Watson Avenue LegisIative Hearing Tuesday, July 21, 1998 61610 61611 CITY COUNCIL HEARING Wednesday, August 5, 1998 PLEASE MARK YOUR CALENDAR 7�� „ uf1�;, �mv��"�,` C?,_` Green Sheet Number c�7�� S EJ��