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98-745' i ORIGi�UA� �m�r�e�. - `� l a lq�' 3� Council File # 9 $ — (�5 Green Sheet # G �y � O� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 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 one-story, wood frame structure with a detached, two-stall, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly known as 1204 Edgerton Street. This property is legally described as follows, to wit: Lots 1 and 2, Joseph R. Weide's Third Addition to St. Paul, Minn. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by Aivision of Code Enforcement on or before March 19, 1998, the following are the now known interested or responsible parties for the Subject Propeny: Chase Mortgage Services, Inc., 200 Old Wilson Bridge Rd., Worthington, Ohio 43085-8500; Olson, Usset & Weingarden, PLLP, Attn: Paul Weingarden, 4500 Park Glen Rd., Ste. 30Q Mpls., MN 55416; Joseph J. & Karen L. 7ohnson, 1204 Edgerton Street, St. Paul, MN 55101 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated April 27, 1998; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on ffie Subject Properry 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 Property by May 27, 1998; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislauve Hearing 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 Legislative Code, of the time, date, place and purpose of the public hearings; and 98-�� S WHEREAS, a hearing was held before the Legislafive Hearing Officer of the Saint Paul Ciry Council on Thesday, August 4, 1998 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of the structure to be completed within �'�-'�days after the date of the Council Heating' and o..�t.`�.��..��,c.:��.�C��ra� � ,� � � 3.00o bo 1��_ osp ! �, ax.� c y..� � cJ �t�s��<t: .J �s co,�.pl�t�a .. ..oe..� o N ca . 3 �tyq� =��'�ET�A�, a eanng was eld before the Saint Paul City Council on Wednesday, August 12, 1998 and the testimony and evidence including the action taken by the Legislative Hearing Off'icer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Properry at 1204 Edgerton Street: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed muldple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then lmown responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That ttus building has been routinely monitored by the Department of Fire and Safery Services, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within �'�-�? s,�-.�.ays after the date of the Council Hearing. o�.h,.,,��,v�, e,�h��1�"�� ORIGINAL qg-��s 1 2. If the above corrective action is not completed within this period of time the Fire and Safety 2 Services, Division of Code Enforcementis hereby authorized to take whatever steps are 3 necessary to demolish and remove this structure, fill the site and charge the costs incurred 4 against the Subject Properry pursuant to the provisions of Chapter 45 of ffie Saint Paul 5 Legislative Code. 10 11 12 13 14 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixiures of any ldnd which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 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: Adopted by Council: Date � Adoption Certified by Council Secretary By: Appx sy: Fire• �de Enforcement Division BY , �l�a � �o� Form Approved by City Attorney B ��'� �'� Division of Code Enforcement 07/10/98 AMAC>T PFRSON & PFpNE Chazles A. Votel 292-7718 �„Q J V f�i� IUST BE ON COl1NCIL AGENQ4 BV (DA'fE� August 12, 1998 � � � ROUTINfi ORDER TOTAL � OF SIGNATURE PAGES GREEN SHEET eF,.Rr�rowecra. °�$ -�yS No 61612 4�XIaVDah arr�cR � crtr�non�v t���� ❑ arve�uc _ ❑ ..,�.«n � ❑ ,�.,�.���.� � wractae.sasr ❑ , (CLIP ALL TIONS 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 properry is located at 1204 Edgerton Street. � PLANNING COMMISSION CIB COMMITTEE CMl SERVICE COMMISSION (WM. What. When. Has this perso�rm eMer v.wked umfer a canhact tar ihis departmenYt YES NO Has tlxe PN��rm ever heen a dlY anPbYce7 YES NO oces mia persoNfirm a�eess a sian nd mmWba� bv any atte�rt ciry emp�oycev YES NO Is this pe�sorvTrtn a targdeC ventloYl , YES NO �lain ali ves ansxcvs on seoarate sheet aM atqch to orcen 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 known to the Enforcement O�cer were given an order to repair or remove the building at 1204 Edgerton Street by May 27, 1998, and ha�e failed to comply with those orders. ,_, `Gh � CA��� R � S � a � The City will eliminate a nuisance. � � ;�,�°�z=� s� zr � � a� �:'.'� �:'JE, � 7 ���$ The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properly, collected as a special assessment a�ainst the properly taYes. .. . . A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. . yv�vvv - .p i �vvv OF TRANSACTION f Nuisance Housing Abatement ��WM €tECEkYE� COE7/REVENUE BUDfiETED (GRCLE ONE) ACTNITY NUMBER JLL 27 1998 YEE NO 3 61 s DEPARTA�YT OF FIRE A.�D SAFETY SERVICES Timothy K Fufler, Fire Chief DIVISION OF PROPERTY CODE ENf'ORCE1�fENC�� - �� S Charles �otel, Program Di�ector Cy 1 1 01" .�Ly1LV 1 ptl V L huirance Building Code Enforcemen! Nome Coleman, Ntayor 555 Cedar Street Tel: 672-298-4l53 '� SaintPaul, �LLV 551D1-226D Fax: 612-228-3770 I i July 10, 1998 NOTICE OF PUBLIC HEARINGS �`'��'` r ' c ``���� ° y ` ^ "' Council President and Members of the Ciry Council JUL � � ���$ 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: 1204 Edgerton Street The City Council has scheduled the date of these hearings as foilows: Legislative Hearing - Tuesday, August 4, 1998 City Council FIearing - Wednesday, August 12, 1998 The owners and responsible parties of record are: Name and Last Known Address Chase Mortgage Services, Inc. 200 Old Wilson Bridge Rd. Worthington, Ohio 43085-8500 Olson, Usset & Weingarden, PLLP Attn; Paul Weingarden 4500 Park Glen Rd., Ste. 3Q0 Mpls., MN 55416 Joseph J. & Karen L. Johnson 1204 Edgerton Street St. Paul, MN 55101 Interest Mortgage Hoider Attorney for Mort;a;e IIolder Homesteader �8 -� `�S 1204 Edgerton Street July 10, 1998 Page 2 The legal description of this properry is: Lots 1 and 2, Joseph R. Weide's Third Addition to St. Paul, Minn. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by L,egislative 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 razing 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 Ciry Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a tunely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removai, and to assess the costs incurred against the real estate as a speciai assessment to be collected in the same manner as taxes. S' rely, � �� Reneta Weiss Vacant Buildings Supervisor , Division of Code Enforcement Department of Fire and Safery Services RW:mI cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshali Paul Mordorski, PED-Housing Division � •: ��-� �'.� �� LEGISLATIVE HEARING Summary Abatement Appeal for 1005 Jessie Street. No action needed. Date: August 18, 1998 Time: 10:00 a.m. Piace: Room 330 City Hall 15 West Keilogg Boulevazd Geay Suathman Legislative Hearing Officer U Resolution ordering the owner to remove or repair the building at 1204 Edgerton Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (L,aid over from August 4) The L,egislative Hearing Officer recommends allowing the owner six months to complete rehabilitation on condition that a$2,000 bond is posted and a code compliance inspection is done by noon of September 2, 1998. 3. Summary Abatement Appeal for 741 Van Buren Avenue. (Laid over from August 4) The L.egislative Hearing Officer recommends denying the appeal and approval of the assessment. 4. Summary Abatement Appeal for 975 Wilson Avenue. (Rescheduled from August 4) The Legislative Heazing Officer recommends denying the appeal and approval of the assessment. 5. Summary Abatement Appeal for 1333 Pacific Street. (Rescheduled from August 4) The Legislative Hearing Officer recommends reducing the assessment by $200.00, which brings the total cost of the assessment to $249.55. �� ��`� MINUTES OF Tf� LEGISLATIVE HEARING August 4, 1998 Room 330, City Hali Gerry Strathman, I.egislative Hearing Officer Staff Present: Chuck Votel, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman called the meeting to order at 10:01 a.m. 1204 Edgerton Street Chuck Votel reported this building has been vacant since August 20, 1997. Chase Mortgage Services has owned the property since the end of 1997 and plans to convey it to Housing and Urban Development (IIiJD). There have been six summary abatement notices issued for securing the dwelling and garage, cutting tall grass and weeds, and removing snow and/or ice from the public sidewalk. There has been one vehicle abatement. The City has had to board up the building. The vacant building fees are due. The real estate ta�ces are paid. TaYation has placed an estimated mazket value of $64,200 on the property. Code Enforcement Officers estimated the cost to repair this structure is $30,000 and the cost to demolish is $6,944. This resolution submitted for consideration orders the property owner to repair or remove this structure within fifteen days. If the owner does not repair or remove, the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. Paul Weingazden, attomey for the mortgage holder, appeared and stated he is not sure where the summary abatement notices were sent. Chase feels it will take 15 to 18 days to fix the property. The insurance claims will be reviewed next week. A decision will be made to convey the property to HLTD or fix the property. Mr. Weingarden would like to get the insurance issue behind him, therefore he requested this meeting be continued for two weeks. Until the insurance claim is settled, there is not much that can be done. Mr. Weingazden gave Gerry Strathman a copy of the work order update concerning this property. Gerry Strathman asked was there any objections to a two week layover. Chuck Votel responded the vacant building fees need to be paid. Also, Chase Mortgage Services, 200 Old Wilson Bridge Road, Worthington, Ohio has been sent notices regazding this property. Paul Weingarden stated that is not the mailing address any more. Also, without a loan number it is impossible for Chase to tell where the letter would go. Mr. Weingarden stated it would be better if he personally gets any notices regarding the property. Mr. Votel stated the notices were also sent to Baker Brinkley in San Antonio, Texas. Mr. Weingarden apologized saying Baker Brinkley should have done something with this. Mr. Weingarden stated he would have the vacant building fee paid. Gerry Strathman recommended a layover to August 18 on condition that the vacant building fee is paid. �� '�`� MINiJTES OF T'I� LEGIST,ATIVE HEARING OF 8-4-98 741 Van Buren Xa L,ee, 741 Van Buren, appeared. Page 2 Guy Willits stated he had no information on this properiy because the owner has the cazd with him that should have been sent in for the appeal process. Gerry Strathman recommended laying over to the August 18 I.egislative Hearing. 975 Wilson Avenue Gerry Strathman recommended laying over to the August 18 Legislative HParing. 1276 Reanev Avenue No one appeared. Gerry Strathman recommended approval of the assessment. 699 Aurora Avenue No one appeared. Chuck Votel reported the property owner is a relative of the appellant Evergreen Evans. Ms. Evans recycles items and hauls many items to her residence. She azgues that she has a right to store these items on her property. Gerry Strathman recommended denying the appeal. 428 Ohio Street (Laid over from 8-5-97) No one appeared. Guy Willits reported this item was first heard on August 5, 1997. At that time, the owner asked for an extension to today. Mr. Willits now has given the owner an extension to October i, 1998. Gerry Strathman recommends denying the appeal, but granting an extension to October 1, 1998. 1333 Pacific Street Gerry Strathman recommended laying over to the August 18 L,egislative Hearing. ��,��s �o.� yr . � r.i_ i • � i • : - � : 886 East Case Street Gerry Strathman recommended laying over to the August 18 Legislative Hearing. Page 3 The meeting was adjourned at 10:13 a.m. �Y _�� REPORT LEGISLATIVE HEARING Date: August 4, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd Gerry Strathman Legislafive Hearing Officer Resolufion ordering the owner to remove or repair the building at 1204 Edgerton Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. I.egislauve Hearing Officer recommends a layover to August 18 on condition that the vacant building fee is paid. 2. Summary abatements for the following: File J9803A Suminary abatements (properiy cleanup) for March and April 1998; File J9803B Boardings-Up for Mazch 1998; File J9803C Demoliuon of vacant buildings for April and May 1998; File J9803C 1 Administrative charges for services performed prior to rehab at 796 L,aurel Avenue; File J9803V Abandoned vehicles for January, February, and March 1998. The L.egislative Hearing Officer recommends approval with the following exceptions: 741 Van Buren Legislative Hearing Officer recommends laying over to the August 18 I.egislative Hearing. 975 Wilson Avenue I.egislative Hearing Officer recommends laying over to the August 18 Legislative Hearing. 1276 Reanev Avenue L.egislative Hearing Officer recommends approval of the assessment. 1333 Pacific Street L.egislative Hearing Officer recommends laying over to the August 18 Legislative hearing. 886 East Case Street I.egislative Hearing Officer recommends laying over to the August 18 Legislative Hearing. ��_�ys LEGISLATIVE HEARING REPORT OF 8-4-98 3. Summary Abatement Appeal for 699 Aurora Avenue. I.egislative Hearing Officer recommends denying the appeal. 4. Summary abatement appeal for 428 Ohio Street (Laid over from 8-5-97) Page 2 Legisla4ve Hearing Officer recommends denying the appeal, but granting an extension to October 1, 1998. 3(0 a�� -�yS MINUTES OF TI� LEGISLATIVE HEARING August 18, 1998 Room 33Q City Hall Gerry Strathman, Lzgislative Hearing Officer Staff Present: Roxanna Flink, Reai Estate; Chuck Votel, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman called the meeting to order at 9:59 am. 1005 7essie Street Susan Mercurio, owner, appeared and stated the issue has been taken care of. Guy Willits concurred. No action needed. 1204 Edeerton Street (Laid over from August 4) Paul Weingazden, attorney for Chase Mortgage Services, appeared and stated he had been waiting for a resolution of an insurance claim and advice from HUD (Housing and Urban Development) as to what they wanted done with the property. Now, the insurance claim has been resolved. HUD has advised they want Chase Mortgage to fix the property; Chase is in agreement with this. Chase assured Mr. Weingazden the $200 vacant building fee has been paid. Gerry Strathman stated this will be on the Council agenda for August 26. Paul Weingazden asked for additional time because he has to go through various chains of command. Mr. Strathman stated it could go on the agenda for September 2. Gerry Strathman recommends allowing the owner six monihs to complete rehabilitation on condition that a$2,000 bond is posted and a code compliance inspection is done by noon of September 2, 1998. 741 Van Buren Avenue (I.aid over from August 4) Xa Lee, owner, appeared. Guy Willits reported orders were mailed on Mazch 11, 1998 and posted to remove improperly stored garbage and refuse. T'he compliance date was Mazch 16; it was rechecked on that date. Puks and Recreation removed the nuisance on April 10. The total is $1,120. A videotape was shown. Xa Lee stated he did not receive a notice from the City. Gerry Strathman asked how was notice given. Chuck Votel responded a notice was posted at the property and aiso sent to 1601 ��-�yS I.EGLSLATIVE HEARING MINUTES OF AUGUST 18, 1998 Page 2 Westminster Street because 741 Van Buren is a registered vacant building. Nothing was retumed to Code Enforcement. Xa Lee stated he does not live at 160I Wesuninster. Gerry Strathman responded Code Enforcement sent the notice to the address listed with the tasation records. It is the owner's responsibility to maintain the accurate address there. Gerry Strathman recommends denying the appeal and approval of the assessment. 975 Wilson Avenue (Rescheduled from August 4) Guy Willits reported three sets of orders were mailed on January 8, January 20, and February 23, 1998. The orders were to remove a large pile of refuse, mamesses, bag of garbage, and tires near the a11ey and in the back yazd. There were 6 different compliance dates given. The address was rechecked three times. A tag was issued in February, there was a guilty plea, and a fine of $40. Parks and Recreation did the work on March 26. The total is $650.00. A videotape was shown. Billie Fleischman stated the property had been abandoned for three yeazs. Her and her husband aze average people, they both work, and they have children. The F7eischmans have spent $16,000 worth of repair and cleanup on the house so far. Ms. Fleischman stated she called right after receiving a notice and let Code Enforcement know she was waiting for a loan. The person she talked to seemed fine with the Fleischmans not cleaning it up right away. The Fleischmans did not receive any other notices, however notices may have been overlooked by the household. Ms. Fleischman has ten receipts from dumpsters because they were fixing the inside and the outside. She did not know there was debris on the other side of the fence untii she received the notice. Gerry Strathman stated all the debris creates a pubiic nuisance and a health hazazd. The owner was notified. It is cleaz from the video that the work was done. Billie Fleischman asked how she is going to pay for this. Roxanna Flink responded there aze options to spread out the fee. Gerry Strathman recommends denying the appeal and approval of the assessment. 1333 Pacific Street (Rescheduled from August 4) Melissa Hix, owner, appeazed. Guy Willits reported verbal orders were given February 20, 1998 and the order was mailed out on February 23 to remove an abandoned vehicle on the property. The compliance date was February 27. It was rechecked on that date and not removed. The police removed it for a total of $449.55. A tag was issued in February with a fine of $50. ��-�yS LEGISLATIVE HEARING MINLITES OF AUGUST 18, 1998 Page 3 Melissa Hix stated the vehicle belongs to her neighbor who lives down the hiil. By the time he went to get the caz, it was gone. Ms. Hix does not feei she should be responsible for this. Her neighbor said he would sign something saying it was not Ms. HiY's car. Gerry Strathman asked why it was not removed when she received the notice. Ms. Hix responded she told the owner he had to remove it, but he was having personal problems and it was not removed in time. Chuck Votel stated there could be recourse against the neighbor. Ms. Hix responded she is on good terms with him. Also, the City took her baby stroller. Gerry Suathman asked was there any breakdown of the charges. Guy Willits responded he did not have that information with him. Gerry Strathman recommends reducing the assessment by $200.00, which brings the total cost of the assessment to $249.55. Mr. Suathman stated he will not reduce any more assessments and stressed this should not happen again. 886 Case Street East (Rescheduled from August 4) No one appeazed representing the property. Chuck Votel reported orders were mailed on March 11 for garbage and rubbish. There has been a long history of abandoned vehicles at this property. The total cost is $279. Gerry Strathman recommends denying the appea] and approval of the assessment. 82 Cook Avenue West No one appeazed representing the property. Chuck Votel reported the owner appealed the order to remove a vehicle. When the inspector went back to recheck the property, there were two more junk vehicles there. Tt�ere were also orders issued for gazbage and refuse in the yard. Gerry Strathman recommends denying the appeal and approval of the assessment. The meeting was adjourned at 10:28 a.m. ' i ORIGi�UA� �m�r�e�. - `� l a lq�' 3� Council File # 9 $ — (�5 Green Sheet # G �y � O� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 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 one-story, wood frame structure with a detached, two-stall, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly known as 1204 Edgerton Street. This property is legally described as follows, to wit: Lots 1 and 2, Joseph R. Weide's Third Addition to St. Paul, Minn. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by Aivision of Code Enforcement on or before March 19, 1998, the following are the now known interested or responsible parties for the Subject Propeny: Chase Mortgage Services, Inc., 200 Old Wilson Bridge Rd., Worthington, Ohio 43085-8500; Olson, Usset & Weingarden, PLLP, Attn: Paul Weingarden, 4500 Park Glen Rd., Ste. 30Q Mpls., MN 55416; Joseph J. & Karen L. 7ohnson, 1204 Edgerton Street, St. Paul, MN 55101 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated April 27, 1998; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on ffie Subject Properry 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 Property by May 27, 1998; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislauve Hearing 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 Legislative Code, of the time, date, place and purpose of the public hearings; and 98-�� S WHEREAS, a hearing was held before the Legislafive Hearing Officer of the Saint Paul Ciry Council on Thesday, August 4, 1998 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of the structure to be completed within �'�-'�days after the date of the Council Heating' and o..�t.`�.��..��,c.:��.�C��ra� � ,� � � 3.00o bo 1��_ osp ! �, ax.� c y..� � cJ �t�s��<t: .J �s co,�.pl�t�a .. ..oe..� o N ca . 3 �tyq� =��'�ET�A�, a eanng was eld before the Saint Paul City Council on Wednesday, August 12, 1998 and the testimony and evidence including the action taken by the Legislative Hearing Off'icer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Properry at 1204 Edgerton Street: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed muldple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then lmown responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That ttus building has been routinely monitored by the Department of Fire and Safery Services, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within �'�-�? s,�-.�.ays after the date of the Council Hearing. o�.h,.,,��,v�, e,�h��1�"�� ORIGINAL qg-��s 1 2. If the above corrective action is not completed within this period of time the Fire and Safety 2 Services, Division of Code Enforcementis hereby authorized to take whatever steps are 3 necessary to demolish and remove this structure, fill the site and charge the costs incurred 4 against the Subject Properry pursuant to the provisions of Chapter 45 of ffie Saint Paul 5 Legislative Code. 10 11 12 13 14 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixiures of any ldnd which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 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: Adopted by Council: Date � Adoption Certified by Council Secretary By: Appx sy: Fire• �de Enforcement Division BY , �l�a � �o� Form Approved by City Attorney B ��'� �'� Division of Code Enforcement 07/10/98 AMAC>T PFRSON & PFpNE Chazles A. Votel 292-7718 �„Q J V f�i� IUST BE ON COl1NCIL AGENQ4 BV (DA'fE� August 12, 1998 � � � ROUTINfi ORDER TOTAL � OF SIGNATURE PAGES GREEN SHEET eF,.Rr�rowecra. °�$ -�yS No 61612 4�XIaVDah arr�cR � crtr�non�v t���� ❑ arve�uc _ ❑ ..,�.«n � ❑ ,�.,�.���.� � wractae.sasr ❑ , (CLIP ALL TIONS 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 properry is located at 1204 Edgerton Street. � PLANNING COMMISSION CIB COMMITTEE CMl SERVICE COMMISSION (WM. What. When. Has this perso�rm eMer v.wked umfer a canhact tar ihis departmenYt YES NO Has tlxe PN��rm ever heen a dlY anPbYce7 YES NO oces mia persoNfirm a�eess a sian nd mmWba� bv any atte�rt ciry emp�oycev YES NO Is this pe�sorvTrtn a targdeC ventloYl , YES NO �lain ali ves ansxcvs on seoarate sheet aM atqch to orcen 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 known to the Enforcement O�cer were given an order to repair or remove the building at 1204 Edgerton Street by May 27, 1998, and ha�e failed to comply with those orders. ,_, `Gh � CA��� R � S � a � The City will eliminate a nuisance. � � ;�,�°�z=� s� zr � � a� �:'.'� �:'JE, � 7 ���$ The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properly, collected as a special assessment a�ainst the properly taYes. .. . . A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. . yv�vvv - .p i �vvv OF TRANSACTION f Nuisance Housing Abatement ��WM €tECEkYE� COE7/REVENUE BUDfiETED (GRCLE ONE) ACTNITY NUMBER JLL 27 1998 YEE NO 3 61 s DEPARTA�YT OF FIRE A.�D SAFETY SERVICES Timothy K Fufler, Fire Chief DIVISION OF PROPERTY CODE ENf'ORCE1�fENC�� - �� S Charles �otel, Program Di�ector Cy 1 1 01" .�Ly1LV 1 ptl V L huirance Building Code Enforcemen! Nome Coleman, Ntayor 555 Cedar Street Tel: 672-298-4l53 '� SaintPaul, �LLV 551D1-226D Fax: 612-228-3770 I i July 10, 1998 NOTICE OF PUBLIC HEARINGS �`'��'` r ' c ``���� ° y ` ^ "' Council President and Members of the Ciry Council JUL � � ���$ 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: 1204 Edgerton Street The City Council has scheduled the date of these hearings as foilows: Legislative Hearing - Tuesday, August 4, 1998 City Council FIearing - Wednesday, August 12, 1998 The owners and responsible parties of record are: Name and Last Known Address Chase Mortgage Services, Inc. 200 Old Wilson Bridge Rd. Worthington, Ohio 43085-8500 Olson, Usset & Weingarden, PLLP Attn; Paul Weingarden 4500 Park Glen Rd., Ste. 3Q0 Mpls., MN 55416 Joseph J. & Karen L. Johnson 1204 Edgerton Street St. Paul, MN 55101 Interest Mortgage Hoider Attorney for Mort;a;e IIolder Homesteader �8 -� `�S 1204 Edgerton Street July 10, 1998 Page 2 The legal description of this properry is: Lots 1 and 2, Joseph R. Weide's Third Addition to St. Paul, Minn. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by L,egislative 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 razing 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 Ciry Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a tunely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removai, and to assess the costs incurred against the real estate as a speciai assessment to be collected in the same manner as taxes. S' rely, � �� Reneta Weiss Vacant Buildings Supervisor , Division of Code Enforcement Department of Fire and Safery Services RW:mI cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshali Paul Mordorski, PED-Housing Division � •: ��-� �'.� �� LEGISLATIVE HEARING Summary Abatement Appeal for 1005 Jessie Street. No action needed. Date: August 18, 1998 Time: 10:00 a.m. Piace: Room 330 City Hall 15 West Keilogg Boulevazd Geay Suathman Legislative Hearing Officer U Resolution ordering the owner to remove or repair the building at 1204 Edgerton Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (L,aid over from August 4) The L,egislative Hearing Officer recommends allowing the owner six months to complete rehabilitation on condition that a$2,000 bond is posted and a code compliance inspection is done by noon of September 2, 1998. 3. Summary Abatement Appeal for 741 Van Buren Avenue. (Laid over from August 4) The L.egislative Hearing Officer recommends denying the appeal and approval of the assessment. 4. Summary Abatement Appeal for 975 Wilson Avenue. (Rescheduled from August 4) The Legislative Heazing Officer recommends denying the appeal and approval of the assessment. 5. Summary Abatement Appeal for 1333 Pacific Street. (Rescheduled from August 4) The Legislative Hearing Officer recommends reducing the assessment by $200.00, which brings the total cost of the assessment to $249.55. �� ��`� MINUTES OF Tf� LEGISLATIVE HEARING August 4, 1998 Room 330, City Hali Gerry Strathman, I.egislative Hearing Officer Staff Present: Chuck Votel, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman called the meeting to order at 10:01 a.m. 1204 Edgerton Street Chuck Votel reported this building has been vacant since August 20, 1997. Chase Mortgage Services has owned the property since the end of 1997 and plans to convey it to Housing and Urban Development (IIiJD). There have been six summary abatement notices issued for securing the dwelling and garage, cutting tall grass and weeds, and removing snow and/or ice from the public sidewalk. There has been one vehicle abatement. The City has had to board up the building. The vacant building fees are due. The real estate ta�ces are paid. TaYation has placed an estimated mazket value of $64,200 on the property. Code Enforcement Officers estimated the cost to repair this structure is $30,000 and the cost to demolish is $6,944. This resolution submitted for consideration orders the property owner to repair or remove this structure within fifteen days. If the owner does not repair or remove, the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. Paul Weingazden, attomey for the mortgage holder, appeared and stated he is not sure where the summary abatement notices were sent. Chase feels it will take 15 to 18 days to fix the property. The insurance claims will be reviewed next week. A decision will be made to convey the property to HLTD or fix the property. Mr. Weingarden would like to get the insurance issue behind him, therefore he requested this meeting be continued for two weeks. Until the insurance claim is settled, there is not much that can be done. Mr. Weingazden gave Gerry Strathman a copy of the work order update concerning this property. Gerry Strathman asked was there any objections to a two week layover. Chuck Votel responded the vacant building fees need to be paid. Also, Chase Mortgage Services, 200 Old Wilson Bridge Road, Worthington, Ohio has been sent notices regazding this property. Paul Weingarden stated that is not the mailing address any more. Also, without a loan number it is impossible for Chase to tell where the letter would go. Mr. Weingarden stated it would be better if he personally gets any notices regarding the property. Mr. Votel stated the notices were also sent to Baker Brinkley in San Antonio, Texas. Mr. Weingarden apologized saying Baker Brinkley should have done something with this. Mr. Weingarden stated he would have the vacant building fee paid. Gerry Strathman recommended a layover to August 18 on condition that the vacant building fee is paid. �� '�`� MINiJTES OF T'I� LEGIST,ATIVE HEARING OF 8-4-98 741 Van Buren Xa L,ee, 741 Van Buren, appeared. Page 2 Guy Willits stated he had no information on this properiy because the owner has the cazd with him that should have been sent in for the appeal process. Gerry Strathman recommended laying over to the August 18 I.egislative Hearing. 975 Wilson Avenue Gerry Strathman recommended laying over to the August 18 Legislative HParing. 1276 Reanev Avenue No one appeared. Gerry Strathman recommended approval of the assessment. 699 Aurora Avenue No one appeared. Chuck Votel reported the property owner is a relative of the appellant Evergreen Evans. Ms. Evans recycles items and hauls many items to her residence. She azgues that she has a right to store these items on her property. Gerry Strathman recommended denying the appeal. 428 Ohio Street (Laid over from 8-5-97) No one appeared. Guy Willits reported this item was first heard on August 5, 1997. At that time, the owner asked for an extension to today. Mr. Willits now has given the owner an extension to October i, 1998. Gerry Strathman recommends denying the appeal, but granting an extension to October 1, 1998. 1333 Pacific Street Gerry Strathman recommended laying over to the August 18 L,egislative Hearing. ��,��s �o.� yr . � r.i_ i • � i • : - � : 886 East Case Street Gerry Strathman recommended laying over to the August 18 Legislative Hearing. Page 3 The meeting was adjourned at 10:13 a.m. �Y _�� REPORT LEGISLATIVE HEARING Date: August 4, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd Gerry Strathman Legislafive Hearing Officer Resolufion ordering the owner to remove or repair the building at 1204 Edgerton Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. I.egislauve Hearing Officer recommends a layover to August 18 on condition that the vacant building fee is paid. 2. Summary abatements for the following: File J9803A Suminary abatements (properiy cleanup) for March and April 1998; File J9803B Boardings-Up for Mazch 1998; File J9803C Demoliuon of vacant buildings for April and May 1998; File J9803C 1 Administrative charges for services performed prior to rehab at 796 L,aurel Avenue; File J9803V Abandoned vehicles for January, February, and March 1998. The L.egislative Hearing Officer recommends approval with the following exceptions: 741 Van Buren Legislative Hearing Officer recommends laying over to the August 18 I.egislative Hearing. 975 Wilson Avenue I.egislative Hearing Officer recommends laying over to the August 18 Legislative Hearing. 1276 Reanev Avenue L.egislative Hearing Officer recommends approval of the assessment. 1333 Pacific Street L.egislative Hearing Officer recommends laying over to the August 18 Legislative hearing. 886 East Case Street I.egislative Hearing Officer recommends laying over to the August 18 Legislative Hearing. ��_�ys LEGISLATIVE HEARING REPORT OF 8-4-98 3. Summary Abatement Appeal for 699 Aurora Avenue. I.egislative Hearing Officer recommends denying the appeal. 4. Summary abatement appeal for 428 Ohio Street (Laid over from 8-5-97) Page 2 Legisla4ve Hearing Officer recommends denying the appeal, but granting an extension to October 1, 1998. 3(0 a�� -�yS MINUTES OF TI� LEGISLATIVE HEARING August 18, 1998 Room 33Q City Hall Gerry Strathman, Lzgislative Hearing Officer Staff Present: Roxanna Flink, Reai Estate; Chuck Votel, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman called the meeting to order at 9:59 am. 1005 7essie Street Susan Mercurio, owner, appeared and stated the issue has been taken care of. Guy Willits concurred. No action needed. 1204 Edeerton Street (Laid over from August 4) Paul Weingazden, attorney for Chase Mortgage Services, appeared and stated he had been waiting for a resolution of an insurance claim and advice from HUD (Housing and Urban Development) as to what they wanted done with the property. Now, the insurance claim has been resolved. HUD has advised they want Chase Mortgage to fix the property; Chase is in agreement with this. Chase assured Mr. Weingazden the $200 vacant building fee has been paid. Gerry Strathman stated this will be on the Council agenda for August 26. Paul Weingazden asked for additional time because he has to go through various chains of command. Mr. Strathman stated it could go on the agenda for September 2. Gerry Strathman recommends allowing the owner six monihs to complete rehabilitation on condition that a$2,000 bond is posted and a code compliance inspection is done by noon of September 2, 1998. 741 Van Buren Avenue (I.aid over from August 4) Xa Lee, owner, appeared. Guy Willits reported orders were mailed on Mazch 11, 1998 and posted to remove improperly stored garbage and refuse. T'he compliance date was Mazch 16; it was rechecked on that date. Puks and Recreation removed the nuisance on April 10. The total is $1,120. A videotape was shown. Xa Lee stated he did not receive a notice from the City. Gerry Strathman asked how was notice given. Chuck Votel responded a notice was posted at the property and aiso sent to 1601 ��-�yS I.EGLSLATIVE HEARING MINUTES OF AUGUST 18, 1998 Page 2 Westminster Street because 741 Van Buren is a registered vacant building. Nothing was retumed to Code Enforcement. Xa Lee stated he does not live at 160I Wesuninster. Gerry Strathman responded Code Enforcement sent the notice to the address listed with the tasation records. It is the owner's responsibility to maintain the accurate address there. Gerry Strathman recommends denying the appeal and approval of the assessment. 975 Wilson Avenue (Rescheduled from August 4) Guy Willits reported three sets of orders were mailed on January 8, January 20, and February 23, 1998. The orders were to remove a large pile of refuse, mamesses, bag of garbage, and tires near the a11ey and in the back yazd. There were 6 different compliance dates given. The address was rechecked three times. A tag was issued in February, there was a guilty plea, and a fine of $40. Parks and Recreation did the work on March 26. The total is $650.00. A videotape was shown. Billie Fleischman stated the property had been abandoned for three yeazs. Her and her husband aze average people, they both work, and they have children. The F7eischmans have spent $16,000 worth of repair and cleanup on the house so far. Ms. Fleischman stated she called right after receiving a notice and let Code Enforcement know she was waiting for a loan. The person she talked to seemed fine with the Fleischmans not cleaning it up right away. The Fleischmans did not receive any other notices, however notices may have been overlooked by the household. Ms. Fleischman has ten receipts from dumpsters because they were fixing the inside and the outside. She did not know there was debris on the other side of the fence untii she received the notice. Gerry Strathman stated all the debris creates a pubiic nuisance and a health hazazd. The owner was notified. It is cleaz from the video that the work was done. Billie Fleischman asked how she is going to pay for this. Roxanna Flink responded there aze options to spread out the fee. Gerry Strathman recommends denying the appeal and approval of the assessment. 1333 Pacific Street (Rescheduled from August 4) Melissa Hix, owner, appeazed. Guy Willits reported verbal orders were given February 20, 1998 and the order was mailed out on February 23 to remove an abandoned vehicle on the property. The compliance date was February 27. It was rechecked on that date and not removed. The police removed it for a total of $449.55. A tag was issued in February with a fine of $50. ��-�yS LEGISLATIVE HEARING MINLITES OF AUGUST 18, 1998 Page 3 Melissa Hix stated the vehicle belongs to her neighbor who lives down the hiil. By the time he went to get the caz, it was gone. Ms. Hix does not feei she should be responsible for this. Her neighbor said he would sign something saying it was not Ms. HiY's car. Gerry Strathman asked why it was not removed when she received the notice. Ms. Hix responded she told the owner he had to remove it, but he was having personal problems and it was not removed in time. Chuck Votel stated there could be recourse against the neighbor. Ms. Hix responded she is on good terms with him. Also, the City took her baby stroller. Gerry Suathman asked was there any breakdown of the charges. Guy Willits responded he did not have that information with him. Gerry Strathman recommends reducing the assessment by $200.00, which brings the total cost of the assessment to $249.55. Mr. Suathman stated he will not reduce any more assessments and stressed this should not happen again. 886 Case Street East (Rescheduled from August 4) No one appeazed representing the property. Chuck Votel reported orders were mailed on March 11 for garbage and rubbish. There has been a long history of abandoned vehicles at this property. The total cost is $279. Gerry Strathman recommends denying the appea] and approval of the assessment. 82 Cook Avenue West No one appeazed representing the property. Chuck Votel reported the owner appealed the order to remove a vehicle. When the inspector went back to recheck the property, there were two more junk vehicles there. Tt�ere were also orders issued for gazbage and refuse in the yard. Gerry Strathman recommends denying the appeal and approval of the assessment. The meeting was adjourned at 10:28 a.m. ' i ORIGi�UA� �m�r�e�. - `� l a lq�' 3� Council File # 9 $ — (�5 Green Sheet # G �y � O� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 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 one-story, wood frame structure with a detached, two-stall, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly known as 1204 Edgerton Street. This property is legally described as follows, to wit: Lots 1 and 2, Joseph R. Weide's Third Addition to St. Paul, Minn. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by Aivision of Code Enforcement on or before March 19, 1998, the following are the now known interested or responsible parties for the Subject Propeny: Chase Mortgage Services, Inc., 200 Old Wilson Bridge Rd., Worthington, Ohio 43085-8500; Olson, Usset & Weingarden, PLLP, Attn: Paul Weingarden, 4500 Park Glen Rd., Ste. 30Q Mpls., MN 55416; Joseph J. & Karen L. 7ohnson, 1204 Edgerton Street, St. Paul, MN 55101 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated April 27, 1998; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on ffie Subject Properry 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 Property by May 27, 1998; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislauve Hearing 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 Legislative Code, of the time, date, place and purpose of the public hearings; and 98-�� S WHEREAS, a hearing was held before the Legislafive Hearing Officer of the Saint Paul Ciry Council on Thesday, August 4, 1998 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of the structure to be completed within �'�-'�days after the date of the Council Heating' and o..�t.`�.��..��,c.:��.�C��ra� � ,� � � 3.00o bo 1��_ osp ! �, ax.� c y..� � cJ �t�s��<t: .J �s co,�.pl�t�a .. ..oe..� o N ca . 3 �tyq� =��'�ET�A�, a eanng was eld before the Saint Paul City Council on Wednesday, August 12, 1998 and the testimony and evidence including the action taken by the Legislative Hearing Off'icer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Properry at 1204 Edgerton Street: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed muldple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then lmown responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That ttus building has been routinely monitored by the Department of Fire and Safery Services, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within �'�-�? s,�-.�.ays after the date of the Council Hearing. o�.h,.,,��,v�, e,�h��1�"�� ORIGINAL qg-��s 1 2. If the above corrective action is not completed within this period of time the Fire and Safety 2 Services, Division of Code Enforcementis hereby authorized to take whatever steps are 3 necessary to demolish and remove this structure, fill the site and charge the costs incurred 4 against the Subject Properry pursuant to the provisions of Chapter 45 of ffie Saint Paul 5 Legislative Code. 10 11 12 13 14 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixiures of any ldnd which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 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: Adopted by Council: Date � Adoption Certified by Council Secretary By: Appx sy: Fire• �de Enforcement Division BY , �l�a � �o� Form Approved by City Attorney B ��'� �'� Division of Code Enforcement 07/10/98 AMAC>T PFRSON & PFpNE Chazles A. Votel 292-7718 �„Q J V f�i� IUST BE ON COl1NCIL AGENQ4 BV (DA'fE� August 12, 1998 � � � ROUTINfi ORDER TOTAL � OF SIGNATURE PAGES GREEN SHEET eF,.Rr�rowecra. °�$ -�yS No 61612 4�XIaVDah arr�cR � crtr�non�v t���� ❑ arve�uc _ ❑ ..,�.«n � ❑ ,�.,�.���.� � wractae.sasr ❑ , (CLIP ALL TIONS 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 properry is located at 1204 Edgerton Street. � PLANNING COMMISSION CIB COMMITTEE CMl SERVICE COMMISSION (WM. What. When. Has this perso�rm eMer v.wked umfer a canhact tar ihis departmenYt YES NO Has tlxe PN��rm ever heen a dlY anPbYce7 YES NO oces mia persoNfirm a�eess a sian nd mmWba� bv any atte�rt ciry emp�oycev YES NO Is this pe�sorvTrtn a targdeC ventloYl , YES NO �lain ali ves ansxcvs on seoarate sheet aM atqch to orcen 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 known to the Enforcement O�cer were given an order to repair or remove the building at 1204 Edgerton Street by May 27, 1998, and ha�e failed to comply with those orders. ,_, `Gh � CA��� R � S � a � The City will eliminate a nuisance. � � ;�,�°�z=� s� zr � � a� �:'.'� �:'JE, � 7 ���$ The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properly, collected as a special assessment a�ainst the properly taYes. .. . . A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. . yv�vvv - .p i �vvv OF TRANSACTION f Nuisance Housing Abatement ��WM €tECEkYE� COE7/REVENUE BUDfiETED (GRCLE ONE) ACTNITY NUMBER JLL 27 1998 YEE NO 3 61 s DEPARTA�YT OF FIRE A.�D SAFETY SERVICES Timothy K Fufler, Fire Chief DIVISION OF PROPERTY CODE ENf'ORCE1�fENC�� - �� S Charles �otel, Program Di�ector Cy 1 1 01" .�Ly1LV 1 ptl V L huirance Building Code Enforcemen! Nome Coleman, Ntayor 555 Cedar Street Tel: 672-298-4l53 '� SaintPaul, �LLV 551D1-226D Fax: 612-228-3770 I i July 10, 1998 NOTICE OF PUBLIC HEARINGS �`'��'` r ' c ``���� ° y ` ^ "' Council President and Members of the Ciry Council JUL � � ���$ 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: 1204 Edgerton Street The City Council has scheduled the date of these hearings as foilows: Legislative Hearing - Tuesday, August 4, 1998 City Council FIearing - Wednesday, August 12, 1998 The owners and responsible parties of record are: Name and Last Known Address Chase Mortgage Services, Inc. 200 Old Wilson Bridge Rd. Worthington, Ohio 43085-8500 Olson, Usset & Weingarden, PLLP Attn; Paul Weingarden 4500 Park Glen Rd., Ste. 3Q0 Mpls., MN 55416 Joseph J. & Karen L. Johnson 1204 Edgerton Street St. Paul, MN 55101 Interest Mortgage Hoider Attorney for Mort;a;e IIolder Homesteader �8 -� `�S 1204 Edgerton Street July 10, 1998 Page 2 The legal description of this properry is: Lots 1 and 2, Joseph R. Weide's Third Addition to St. Paul, Minn. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by L,egislative 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 razing 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 Ciry Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a tunely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removai, and to assess the costs incurred against the real estate as a speciai assessment to be collected in the same manner as taxes. S' rely, � �� Reneta Weiss Vacant Buildings Supervisor , Division of Code Enforcement Department of Fire and Safery Services RW:mI cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshali Paul Mordorski, PED-Housing Division � •: ��-� �'.� �� LEGISLATIVE HEARING Summary Abatement Appeal for 1005 Jessie Street. No action needed. Date: August 18, 1998 Time: 10:00 a.m. Piace: Room 330 City Hall 15 West Keilogg Boulevazd Geay Suathman Legislative Hearing Officer U Resolution ordering the owner to remove or repair the building at 1204 Edgerton Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (L,aid over from August 4) The L,egislative Hearing Officer recommends allowing the owner six months to complete rehabilitation on condition that a$2,000 bond is posted and a code compliance inspection is done by noon of September 2, 1998. 3. Summary Abatement Appeal for 741 Van Buren Avenue. (Laid over from August 4) The L.egislative Hearing Officer recommends denying the appeal and approval of the assessment. 4. Summary Abatement Appeal for 975 Wilson Avenue. (Rescheduled from August 4) The Legislative Heazing Officer recommends denying the appeal and approval of the assessment. 5. Summary Abatement Appeal for 1333 Pacific Street. (Rescheduled from August 4) The Legislative Hearing Officer recommends reducing the assessment by $200.00, which brings the total cost of the assessment to $249.55. �� ��`� MINUTES OF Tf� LEGISLATIVE HEARING August 4, 1998 Room 330, City Hali Gerry Strathman, I.egislative Hearing Officer Staff Present: Chuck Votel, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman called the meeting to order at 10:01 a.m. 1204 Edgerton Street Chuck Votel reported this building has been vacant since August 20, 1997. Chase Mortgage Services has owned the property since the end of 1997 and plans to convey it to Housing and Urban Development (IIiJD). There have been six summary abatement notices issued for securing the dwelling and garage, cutting tall grass and weeds, and removing snow and/or ice from the public sidewalk. There has been one vehicle abatement. The City has had to board up the building. The vacant building fees are due. The real estate ta�ces are paid. TaYation has placed an estimated mazket value of $64,200 on the property. Code Enforcement Officers estimated the cost to repair this structure is $30,000 and the cost to demolish is $6,944. This resolution submitted for consideration orders the property owner to repair or remove this structure within fifteen days. If the owner does not repair or remove, the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. Paul Weingazden, attomey for the mortgage holder, appeared and stated he is not sure where the summary abatement notices were sent. Chase feels it will take 15 to 18 days to fix the property. The insurance claims will be reviewed next week. A decision will be made to convey the property to HLTD or fix the property. Mr. Weingarden would like to get the insurance issue behind him, therefore he requested this meeting be continued for two weeks. Until the insurance claim is settled, there is not much that can be done. Mr. Weingazden gave Gerry Strathman a copy of the work order update concerning this property. Gerry Strathman asked was there any objections to a two week layover. Chuck Votel responded the vacant building fees need to be paid. Also, Chase Mortgage Services, 200 Old Wilson Bridge Road, Worthington, Ohio has been sent notices regazding this property. Paul Weingarden stated that is not the mailing address any more. Also, without a loan number it is impossible for Chase to tell where the letter would go. Mr. Weingarden stated it would be better if he personally gets any notices regarding the property. Mr. Votel stated the notices were also sent to Baker Brinkley in San Antonio, Texas. Mr. Weingarden apologized saying Baker Brinkley should have done something with this. Mr. Weingarden stated he would have the vacant building fee paid. Gerry Strathman recommended a layover to August 18 on condition that the vacant building fee is paid. �� '�`� MINiJTES OF T'I� LEGIST,ATIVE HEARING OF 8-4-98 741 Van Buren Xa L,ee, 741 Van Buren, appeared. Page 2 Guy Willits stated he had no information on this properiy because the owner has the cazd with him that should have been sent in for the appeal process. Gerry Strathman recommended laying over to the August 18 I.egislative Hearing. 975 Wilson Avenue Gerry Strathman recommended laying over to the August 18 Legislative HParing. 1276 Reanev Avenue No one appeared. Gerry Strathman recommended approval of the assessment. 699 Aurora Avenue No one appeared. Chuck Votel reported the property owner is a relative of the appellant Evergreen Evans. Ms. Evans recycles items and hauls many items to her residence. She azgues that she has a right to store these items on her property. Gerry Strathman recommended denying the appeal. 428 Ohio Street (Laid over from 8-5-97) No one appeared. Guy Willits reported this item was first heard on August 5, 1997. At that time, the owner asked for an extension to today. Mr. Willits now has given the owner an extension to October i, 1998. Gerry Strathman recommends denying the appeal, but granting an extension to October 1, 1998. 1333 Pacific Street Gerry Strathman recommended laying over to the August 18 L,egislative Hearing. ��,��s �o.� yr . � r.i_ i • � i • : - � : 886 East Case Street Gerry Strathman recommended laying over to the August 18 Legislative Hearing. Page 3 The meeting was adjourned at 10:13 a.m. �Y _�� REPORT LEGISLATIVE HEARING Date: August 4, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd Gerry Strathman Legislafive Hearing Officer Resolufion ordering the owner to remove or repair the building at 1204 Edgerton Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. I.egislauve Hearing Officer recommends a layover to August 18 on condition that the vacant building fee is paid. 2. Summary abatements for the following: File J9803A Suminary abatements (properiy cleanup) for March and April 1998; File J9803B Boardings-Up for Mazch 1998; File J9803C Demoliuon of vacant buildings for April and May 1998; File J9803C 1 Administrative charges for services performed prior to rehab at 796 L,aurel Avenue; File J9803V Abandoned vehicles for January, February, and March 1998. The L.egislative Hearing Officer recommends approval with the following exceptions: 741 Van Buren Legislative Hearing Officer recommends laying over to the August 18 I.egislative Hearing. 975 Wilson Avenue I.egislative Hearing Officer recommends laying over to the August 18 Legislative Hearing. 1276 Reanev Avenue L.egislative Hearing Officer recommends approval of the assessment. 1333 Pacific Street L.egislative Hearing Officer recommends laying over to the August 18 Legislative hearing. 886 East Case Street I.egislative Hearing Officer recommends laying over to the August 18 Legislative Hearing. ��_�ys LEGISLATIVE HEARING REPORT OF 8-4-98 3. Summary Abatement Appeal for 699 Aurora Avenue. I.egislative Hearing Officer recommends denying the appeal. 4. Summary abatement appeal for 428 Ohio Street (Laid over from 8-5-97) Page 2 Legisla4ve Hearing Officer recommends denying the appeal, but granting an extension to October 1, 1998. 3(0 a�� -�yS MINUTES OF TI� LEGISLATIVE HEARING August 18, 1998 Room 33Q City Hall Gerry Strathman, Lzgislative Hearing Officer Staff Present: Roxanna Flink, Reai Estate; Chuck Votel, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman called the meeting to order at 9:59 am. 1005 7essie Street Susan Mercurio, owner, appeared and stated the issue has been taken care of. Guy Willits concurred. No action needed. 1204 Edeerton Street (Laid over from August 4) Paul Weingazden, attorney for Chase Mortgage Services, appeared and stated he had been waiting for a resolution of an insurance claim and advice from HUD (Housing and Urban Development) as to what they wanted done with the property. Now, the insurance claim has been resolved. HUD has advised they want Chase Mortgage to fix the property; Chase is in agreement with this. Chase assured Mr. Weingazden the $200 vacant building fee has been paid. Gerry Strathman stated this will be on the Council agenda for August 26. Paul Weingazden asked for additional time because he has to go through various chains of command. Mr. Strathman stated it could go on the agenda for September 2. Gerry Strathman recommends allowing the owner six monihs to complete rehabilitation on condition that a$2,000 bond is posted and a code compliance inspection is done by noon of September 2, 1998. 741 Van Buren Avenue (I.aid over from August 4) Xa Lee, owner, appeared. Guy Willits reported orders were mailed on Mazch 11, 1998 and posted to remove improperly stored garbage and refuse. T'he compliance date was Mazch 16; it was rechecked on that date. Puks and Recreation removed the nuisance on April 10. The total is $1,120. A videotape was shown. Xa Lee stated he did not receive a notice from the City. Gerry Strathman asked how was notice given. Chuck Votel responded a notice was posted at the property and aiso sent to 1601 ��-�yS I.EGLSLATIVE HEARING MINUTES OF AUGUST 18, 1998 Page 2 Westminster Street because 741 Van Buren is a registered vacant building. Nothing was retumed to Code Enforcement. Xa Lee stated he does not live at 160I Wesuninster. Gerry Strathman responded Code Enforcement sent the notice to the address listed with the tasation records. It is the owner's responsibility to maintain the accurate address there. Gerry Strathman recommends denying the appeal and approval of the assessment. 975 Wilson Avenue (Rescheduled from August 4) Guy Willits reported three sets of orders were mailed on January 8, January 20, and February 23, 1998. The orders were to remove a large pile of refuse, mamesses, bag of garbage, and tires near the a11ey and in the back yazd. There were 6 different compliance dates given. The address was rechecked three times. A tag was issued in February, there was a guilty plea, and a fine of $40. Parks and Recreation did the work on March 26. The total is $650.00. A videotape was shown. Billie Fleischman stated the property had been abandoned for three yeazs. Her and her husband aze average people, they both work, and they have children. The F7eischmans have spent $16,000 worth of repair and cleanup on the house so far. Ms. Fleischman stated she called right after receiving a notice and let Code Enforcement know she was waiting for a loan. The person she talked to seemed fine with the Fleischmans not cleaning it up right away. The Fleischmans did not receive any other notices, however notices may have been overlooked by the household. Ms. Fleischman has ten receipts from dumpsters because they were fixing the inside and the outside. She did not know there was debris on the other side of the fence untii she received the notice. Gerry Strathman stated all the debris creates a pubiic nuisance and a health hazazd. The owner was notified. It is cleaz from the video that the work was done. Billie Fleischman asked how she is going to pay for this. Roxanna Flink responded there aze options to spread out the fee. Gerry Strathman recommends denying the appeal and approval of the assessment. 1333 Pacific Street (Rescheduled from August 4) Melissa Hix, owner, appeazed. Guy Willits reported verbal orders were given February 20, 1998 and the order was mailed out on February 23 to remove an abandoned vehicle on the property. The compliance date was February 27. It was rechecked on that date and not removed. The police removed it for a total of $449.55. A tag was issued in February with a fine of $50. ��-�yS LEGISLATIVE HEARING MINLITES OF AUGUST 18, 1998 Page 3 Melissa Hix stated the vehicle belongs to her neighbor who lives down the hiil. By the time he went to get the caz, it was gone. Ms. Hix does not feei she should be responsible for this. Her neighbor said he would sign something saying it was not Ms. HiY's car. Gerry Strathman asked why it was not removed when she received the notice. Ms. Hix responded she told the owner he had to remove it, but he was having personal problems and it was not removed in time. Chuck Votel stated there could be recourse against the neighbor. Ms. Hix responded she is on good terms with him. Also, the City took her baby stroller. Gerry Suathman asked was there any breakdown of the charges. Guy Willits responded he did not have that information with him. Gerry Strathman recommends reducing the assessment by $200.00, which brings the total cost of the assessment to $249.55. Mr. Suathman stated he will not reduce any more assessments and stressed this should not happen again. 886 Case Street East (Rescheduled from August 4) No one appeazed representing the property. Chuck Votel reported orders were mailed on March 11 for garbage and rubbish. There has been a long history of abandoned vehicles at this property. The total cost is $279. Gerry Strathman recommends denying the appea] and approval of the assessment. 82 Cook Avenue West No one appeazed representing the property. Chuck Votel reported the owner appealed the order to remove a vehicle. When the inspector went back to recheck the property, there were two more junk vehicles there. Tt�ere were also orders issued for gazbage and refuse in the yard. Gerry Strathman recommends denying the appeal and approval of the assessment. The meeting was adjourned at 10:28 a.m.