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90-825 ORIGlNAL � .- �. � ' Council File # '" Green Sheet � �{ � RESOLUTION �,,,�---,,, CITY OF SAINT PAUL, MINNESOTA , z� ` , , Presented By Referred To Committee: Date WHEREAS, the Division of Public Health has requested the City Council to hold a public hearing to consider the advisability and necessity of the correction or wrecking and removal of a deteriorated and vandalized, wood frame, two story, single family residence and a deteriorated, dilapidated two car garage, which are located on property hereafter referred to as the "Subject Property" commonly known as 590 Sherburne Avenue . This Abstract property is legally described as: Lot 8, Block 2 in Block 13 as said Block 13 is subdivided on the plat of Stinsons division in St. Paul of the Northwest 1/4 Section 36 , Township 29, Range 23 WHEREAS, based upon the records in the Ramsey County Recorder' s Office on March 5 , 1990 the following persons are owners, interested parties or responsible parties of the Subject Property: Robert E. Kelly, 590 Sherburne Avenue, Saint Paul , MN 55103-1947; Helen P. Kelly, 590 Sherburne Avenue, Saint Paul , MN 55103-1947; Mackall , Crounse and Moore, 1600 TCF Tower, Minneapolis, MN 55402; Arnie Kampa, 1318 Larpenteur Avenue West, Saint Paul , MN 55113-6342; The addresses of the above noted persons were obtained from various sources including the tax records, phone books, mortgage companies, etc . ; and WHEREAS, the Division of Public Health has issued orders identified as an "Abandoned Building Notice" dated June 27, 1989 which is attached and incorporated as part of this Resolution by this reference. This order was served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code on all owners, interested parties and responsible parties of the Subject Property known to the enforcement officer. The notice and order informed these parties that the deteriorated and vandalized, wood frame, two story, single family residence located on the subject property is an abandoned building pursuant to Section 45 . Q1 , Subd. 1 of the Saint Paul Legislative Code. The deteriorated, dilapidated two car garage located on the Subject Property is a dangerous structure pursuant to Section 45 . 01 , Subd. 3 of the Saint Paul Legislative Code; and both buildings are nuisances pursuant to Sections 45 . 02 , Subd. 10 and Subd. 11 of the Saint Paul Legislative Code. The June 27 , 1989 order also had attached to it a list of deficiencies regarding the structures on the Subject Property, said list is attached and incorporated as part of this resolution; and WHEREAS, the June 27, 1989 order informed all owners, interested parties and responsible parties that they must either repair the ' structures on the Subject Property by correcting the list of deficiencies or demolish the buildings, either action to take place by August 27, 1989. ORIGINrqL�� �. �"y�-�a5 WHEREAS, no action has been taken regarding compliance with the June 27, 1989 notice and order, and as a result the Division of Public Health requested that a public hearing be scheduled to take place on May 15 , 1990 for the City Council to consider the advisability and necessity of ordering the correction of the nuisance condition or in the alternative consider the demolition and removal of these structures; and WHEREAS, the above referenced owners, interested parties and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code of the time and purpose of the May 15 , 1990 hearing before the Council ; and WHEREAS, a hearing was held before the Saint Paul City Council on May 15, 1990 and all testimony and evidence was considered by the Council . NOW, THEREFORE, BE IT RESOLVED that based upon all of the testimony and evidence presented at the May 15, 1990 hearing, the Saint Paul City Council hereby adopts the following Findings and Order concerning the structures at 590 Sherburne Avenue: 1 . That in April of 1988 the house located on the Subject Property was determined to be vacant and open to access . The house has remained vacant and has been either open or boarded since April of 1988 . 2 . That since April of 1988 the City of Saint Paul has on numerous occasions issued orders to the owners to make these structures secure and not accessable. On many occasions, because of the inaction on the part of the owners, the City has had to hire a private contractor to make the buildings secure. 3 . That the owners of the Subject Property have repeatedly failed to register and pay the vacant building fee for this property as required by Chapter 43 of the Saint Paul Legislative Code. 4 . That the Division of Public Health of the City of Saint Paul condemned this structure as "Unfit for Human Habitation" under Chapter 34 of the Saint Paul Legislative Code in May of 1985 . The building is still subject to this condemnation order. 5 . That there are now and have been since April of 1988 multiple exterior Housing Code or Building Code violations in existence at the Subject Property. 6 . That the owners, interested parties and responsible parties of these structures are as previously stated in this resolution. These individuals have been properly served notice of the May 15, 1990 hearing concerning these structures . 7 . That the owners, interested parties and responsible parties have been ordered on numerous occasions to repair these structures and have failed to do so . -�- 0 R I G I NA L.� . �9°=��� 8 . That on June 27 , 1989 an Abandoned Building Notice was sent to the owners, interested parties and responsible parties known to the Division of Public Health, ordering these persons to either demolish these buildings or make repairs and cure the list of deficiencies by August 27 , 1989. 9 . That the order of June 27 , 1989 has been disregarded by the owners, interested parties and responsible parties . 10 . That the deteriorated and vandalized, wood frame, two story, single family residence located on the Subject Property is an abandoned building according ta Section 45 . 01 , Subd. 1 , of the Saint Paul Legislative Code in that it is "a building or portion thereof which has stood unocr_upied for longer than one ( 1 ) year" and during that period of time has been either "unsecured" or "boarded" or has had "multiple exterior Housing Code or Building Code violations" . 11 . That the deteriorated and vandalized, wood frame, two story, single family residence located on the Subject Property is a nuisance as defined in Saint Paul Legislative Code Section 45 . 02, Subd. 11 , in that it. is an abandoned building located in the City of Saint Paul that has created a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the City or which is offensive or has a blighting influence on the community. 12 . That the deteriorated, dilapidated, detached two car garage located on the Subject Property is a dangerous structure according to Section 45 . 01 , Subd. 3 of the Saint Paul Legislative Code in that it is "a structure which is potentially dangerous to persons or property" including being "in danger of partial or complete collapse. " 13 . That the deteriorated, dilapidated, detached two car garage located on the Subject Property is a nuisance as defined in Saint Paul Legislative Code Section 45 . 02 , Subd. 10 , in that it is a dangerous structure located in the City of Saint Paul that has created a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the City or which is offensive or has a blighting influence on the community. 14 . That the costs of abatement of these nuisances are estimated to exceed two thousand dollars ( $2, 000 . 00 ) or the abatement involves demolition af a building other than a structure accessory to a residential building. -3- o � � � iNA � .. ���-��.� ORDER The Saint Paul City Council hereby makes the following order: 1 . The above referenced owners, interested parties and responsible parties and their assigns shall make the Subject Property safe and not detrimental to the public peace, health, safety, and welfare and remove its blighting influence on the community by rehabilitating these buildings and correcting those deficiencies set forth in the list previously referenced in accordance with all applicable codes and ordinances, or in the alternative by demolishing the buildings and filling the site in accordance with all applicable codes and ordinances . The rehabilitation or demolition of these buildings must be completed within thirty f30 > days of the date of mailing of this resolution. 2 . If the above corrective action is not completed within the thirty ( 30 ) day time period, the proper City officials of the City of Saint Paul are hereby authorized to take whatever steps are necessary to demolish these buildings and fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Section 45 . 08 of the Saint Paul Legislative Code . 3 . In the event the structures are to be demolished by the City of Saint Paul , all personal property or fixtures of any kind which shall unreasonably interfere with the demolition and removal shall be removed from the structures by the owners, interested parties and responsible parties by the end of the thirty ( 30 ) day time period. If the personal property is not so removed, the City of Saint Paul shall remove and dispose of such property and fixtures as is provided by law. 4. IT IS FURTHER ORDERED that a certified copy of this resolution and the incorporated order and list of deficiencies be mailed to the last known address of the owners, interested parties and responsible parties pursuant to Section 45 . 11 , Subdivision ( 5 ) . -4- Yeas Navs Absent Requested by Department qf: imon �� u"' oswitz yv ���� on �— acca ee � ettman �- , une � z son �_ �_ BY' Adopted by Council: Date MAY i 5 1990 Form Approved by City Attorney Adoption Certified by Council Secretary gy: — By= Approved by Mayor for Submission to Approved by Mayor: Date MAY 1 6 t990 �°un�il � ,�.�' BY: �-� �� BY� � - �p���n R��� �� 199Q REC�IVED ��e,���,� DEP�mmunit��services 4 09T'90D GREEN SHEE�`�� � 1� 199��. 4 �7 iNm,w��� i�u�d�►� CONiACT PER80N 6 PN�IE �DEPARTMENT DIRECTOR �,CQ�I� Steven R. Ro 298-4153 ^��� �CITYATTORNEY o i r� $E ON COUNCIL A4ENDA BY(DAT� AOU7INQ �BUDOET DIRECTOR �FIN.i MOT.�RVICEB DIR. _�� OR(�'i IISSISTANT) � TOTAL#�OF 81QNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SI�'iNATUR� ACTION REDUEBTED: City Council to pass this resolution which will order the owner to tear down or complete the repair of the reference building within thirty (30) days from the mailing of this resolution. If the owner fails to comply with the Resolution the City will be authorized t The s b ect ro ert is located at 590 Sherburne Avenue �ECOUAI�NDA7lONS:Approve(n)a Re)ect(F� COUNCN.COMM�REPORT OPTIONAL _PLMINIPX�OOMMISSION _CIVIL SERVICE COMMISSION ��YBT PFIONE NO. _qB COMMITTEE _ COMMENTS: _STAFF _ _DISTRIC'T COURT — SUPPORTS WFIICFI COUNCIL OBJECTIVE? APR 11 1990 APR 1 01990 INITIATII�Ni PROBLEM.IS8UE.OPPORTUNITY(1Nho,Whet,Whsn.Whsre,Why): The building is a nuisance pursuant to Chapter 45 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Division of Public Health were given an order to repair or tear down the buildings at 590 Sherburne Avenue by August 27, 1989. Al1 parties failed to comply with those orders. The building has remained unoccupied since April of 1988. The building has remained vacant since April of 1988. ADVANTAOES IF APPROVED: The City will tear down the building and eliminate a nuisance if the owners do not comply with the Council Order. DISADVANTAf3ES IF APPROVED: It will cost the City approximately $5,000.00 to tear down the building. The cost will be assessed against the property taxes. RECEIVED �'��`te:►�r� �����rcr� �►��►�tr, �R,t,`�, l.���!� � ��p. . DISADVANTAOES IF NOT MPROVED: �ITI� CLERK If the building is not torn down, a nuisance, constituting a serious health hazard (potential fire danger, rodent and insect harborage, potential crime site and blighting influence on the neighborhood) , will remain within the City. TOTAL AMOUNT OF TRANSACTION = 5..,nnn A(1 COST/REVENUE BUDOETED(CIRCLE ON� (YES/ NO L� FUNDINQSOURCE��g,��o unn�ine A?+�tcmont ACTIVITYNUMBER �`�E+� FlNANCIAL INFORMATION:(EXPWN) �►V NOTE: COMPIETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO. 298-4225). ROUTING ORDER: Below are preferred routings for the five most frequent types of dxuments: CONTRACTS (assumes authorized COUNqL RESOLUTION (Amend, Bdgts./ budget exists) Accept. Grants) 1. Outside Agency 1. DepaRment Director 2. Initiating Department 2. Budget Director 3. Ciry Attomey 3. City Attorney 4. Mayor 4. Mayor/Assistant 5. Flnance 8 Mgmt Svcs. Director 5. Gty Council 6. Finance Accounting 6. Chief Accountant, Fin&Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (aii others) Revision) and ORDINANCE 1. Activity Manager 1. Initiating Department Director 2. Department Accountant 2. Gty Attorney 3. DepartmeM Director 3. MayodAssistant 4. Budget Director 4. City Council 5. City Gerk 8. Chief Accountant, Fin&Mgmt Svcs. ADMINISTRATI�E ORDERS (all others) 1. Initiating Department 2. Gry Attorney 3. Mayor/Assistant 4. Ciry Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperclip each of these�a e�s. ACTION REQUESTED Describe what the projecUrequest seeks to accomplish In eRher chronologi- cal order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objectfve(s)your projecUrequest supports by listing the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) ' COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS REQUESTED BY COUNCIL INITIATINCi PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTA(3ES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ chaRer or whether there are speclfic ways in which the City of Saint Paul and its ckizens will benefit from this pro�ecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past prxesses might this projecUrequest produce if it is passed(e.g.,traffic delays, nofse, tax increases or assessments)?To Whom?When7 For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inabilhy to deliver aervice?Continued high traffic, noise, axident rate?Loss of revenue4 FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must anawer two questions: How much is it going to cost?Who is going to pay? . �;�y�o,�•�-�' ��•��. GTY OF SAINT PAUL �.���~ ' DEPARTMENT OF COMMUNITY SERVICES i ,� � 'a,'• '� � n °� DIVISION OF PUBLIC HEALTH �'�n��� 555 Cedar Street, Saint Paul, Minnesota 55101 (6�2)292-771� George Latimer Mayor AB�ANDONED BUILDING NOTICE June 27, 1989 �°�OU4�4�9� Arnie Kanr�a Robert E. Ke11y ET AL 1318 Larpenteur Ave. W. 590 Sherburne Ave. St. Paul, NIl�] 55113 St. Paul, N�1 55103 Re: 590 Sherburne Avenue, Saint Paul, Minnesota Lot 8, Block 2, Subdivision of Block 13, Stinsons Addition Dear Sir: The Division of Public Health has determined that the above-noted building is an abandoned building, which Chapter 45 of the Saint Paul Legislative Code defines as: "any building or portion of a building which has stood with an incomplete exterior shell for longer than three (3) years or any building or portion thereof which has stood unoccupied for longer than one (1) year and which meets one or more of the following criteria; (a) unsecured, or (b) boarded, or (c) having multiple exterior Housing Code violations, or (d) placarded as "Unfit for HLmnan Habitation" pursuant to Chapter 34 of the Saint Paul Legislative Code." The ordinance further states that an abandoned building is a nuisance and it may be ordered torn down by the City. NOTE: If you do not want to have the City begin action to have the building torn dawn, then the attached list of deficiencies must be repaired or you must tear the building dawn on or before August 27, 1989. Any repair or demolition ma�st be com�leted in accordance with all applicable laws. If the work is not com�leted or if you have not torn the building dawn by the above date, the Division of Public Health will refer this matter to the City Council to receive authority to raze the building and charge all costs incurred in wrecking the building against the real estate as a speci.al assessment to be collected in the same manner as taxes. The City Council will schedule a public � . �yo-�as A�ndoned Building Notice � 590 Sherburne Avenue June 27, 1989 Page -2- s hearing to consider if the building should be torn down. If a public hearing becomes necessary, you will be notified of the time and date of the hearing and you will be allowed to present evidence to the City Council. A copy of this order will be kept on file in the City Clerk's � � Office and a resolution declaring thi$ property to be a nuisance shall be on file in the Ramsey County Recorder's Office. C,om�liance with the attached list of deficiencies will remove your building from the list of abandoned buildings but it does not mean that the building com�lies with all applicable housing and building codes. The date for corcq�liance with these orders shall not be extended unless you receive written approval from the Division of Public Health. If you wish to have the City tear down your house, you may request a consent form be sent to you from our office to sign and return to us. However, please be aware that all owners and interested parties mnxst sign the form before the City can tear the building dawn without a City Council order. Also be aware that the cost of the demolition if perforn�ed by the City, would become a special assessment against the property. If you have any questions about this order, please contact the Vacant Building Section at 298-4153. Sincerely, _ '6�/�+� ;��G� � �� Steven R. Roy Environmental Health Program Manager SRR/kjl Attachment cc: Warren Frost, PED G�yo -��s� DEFICIENCY LIST FOR 590 SHERBURNE AVENUE June 23 , 1989 Al1 repairs and new installations must be made in accordance with the appropriate codes . Permits must be obtained where changes and/or additions to an electrir_al system require upgrading of the service size to current National Electrical Code (N.E.C. ) requirements . Some plumbing repairs may necessitate updating of the fixtures and/or piping involved. A permit is required for any repair or new installation . Permits may be obtained from the Building Inspection and Design Division, Room 445 City Hall . INTERIOR Second Floor l . Northmost room walls and floors covered with human fecal manner. Remove all fecal manner and sanitize all walls and floors . 2 . There is peeling paint and wallpaper on north wall . Repair or replace. 3 . The two westmost windows on the north wall , the sash cords are broken and inoperable . Replace. Room at the top of the steps to second floor 4 . There is one duplex w311 outlet, two are required. Provide second, separate and remote wall duplex outlet in accordance with City of Saint Paul Electrical Code and N.E.C. 5 . Ceiling light fixture has been broken with electrical wires hanging. Replace light fixture and properly hook up electrical wires . 6 . Plaster walls and ceiling show signs of damage; cracks and holes in plaster. Repair all damaged plaster or remove all plaster and resurface properly. 7 . There is fecal matter on floor and hardwood floor is damaged. Remove all fecal manner, sanitize areas and repair hardwood floors . 8 . South wall next to kitchen entrance, the thermostat has been broken and is hanging by a wire. Repair or replace thermostat . 9 . Windows on east wall are damaged and sash cords are inoperable. Repair windows and frames and replace or repair sash cords . . ��o-���" Deficiency List 590 Sherburne Avenue June 23 , 1989 Page 2 of 5 Room west of Dininq Room 10 . Has one electrical duplex outlet, two are required. Provide separate and remote wall duplex outlet in accordance with Saint Paul Electrical Code and the N.E.C. 11 . Window on east wall , glass is broken out. Replace pane of glass . 12 . Sash cord has been broken on window. Repair or replace sash cords . 13 . There is human fecal matter on the floor in this room. Remove all fecal matter and properly sanitize. 14 . There are cracks in the plaster, paint peeling on the walls and ceiling along with smeared fecal matter . Repair all damaged plaster and paint and properly resurface and remove all fecal matter and properly sanitize . Kitchen Area 15 . Hardwood floor has been tiled and hardwood is buckling in the center of the room and buckling toward the west of the room. Repair floor. 16 . Kitchen floor is littered with human feces and other debris. Remove and properly sanitize all human f�ces and refuse from room. 17 . Both windows on east side have been broken out. Repair or replace glass . 18 . East walls south window, sash cord has broken . Repair or replace sash cords . 19 . There are one and one-half electrical outlets in the kitchen, three are required. Provide three separate and remote wall duplex outlets properly installed in accordance with Saint Paul Electrical Code and the N.E.C. 20 . Ceiling paint is peeling . Scape all peeling paint and remove and properly resurface. 21 . East wall of ceiling there is cracked, falling plaster . Repair all damaged plaster or remove and properly resurface. 22 . Kitchen sink has a S-trap. Remove and replace with P- trap. �ya-���' Deficiency List 59Q Sherburne Avenue June 23 , T989 Page 3 of 5 Room South of Kitchen 23 . Ceiling paint is cracking and falling . Properly scrape all loose and falling paint and resurface. 24 . There is broken glass on the floor from the south window and the west window. Repair all broken glass and remove all broken glass from room. 25 . Sash cords to south window are damaged . Repair or replace . Entry Room from Front Entrance_or Livingroom 26 . There is broken glass, garbage, old carpeting, fecaJ. matter and other junk and debris in room. Remove all garbage, refuse and fecal matter from room and properly sanitize . 27 . There is cracked, loose and missing plaster in room. Properly repair all damaged plaster. 28 . Ceiling shows signs of cracks and water stains . Repair cause of water damage and repair ceiling. Bathroom West of Living Room Area 29 . Outlet is not GFI . Provide GFI outlet for bathroom. 30 . Bathtub is full of urine and fecal matter . Properly remove, dispose of and sanitize bathtub. 31 . Toilet on first floor and second floor are full and clogged with human fecal matter. Properly dispose of and repair toilets . Room North of Livinq_Room 32 . Is full of liquor bottles , garbage , mattress with clothes , beer cans and other garbage and refuse . Properly remove and dispose of . 33 . There is broken and cracked wall plaster . Repair in a workmanlike manner . Basement 34 . South end of basement steps lack proper handrail . Provide. 35 . Basement area is full of garbage and junk. Properly dispose of all refuse in basement. i _ _ �y�-�a� Deficiency List 590 Sherburne Avenue June 23 , 1989 Page 4 of 5 Basement - North end 36 . Basement floor is covered with mattress and other junk and debris . Remove all junk, debris and mattress from basement and properly dispose of . 37 . Furnace needs to have service before use. Properly service and check furnace . 38 . Hot water heater needs proper servicing and maintenance before use . Properly service and check hot water heater. EXTERIOR Front or North End 39 . All wood surfaces show peeling and loose paint . Properly scrape all wood surfaces and resurface. 40 All porch windows have broken glass or torn or ripped screens . Properly repair all broken glass and repair or replace screens . West Side of Buildin� 41 . All wood surfaces have loose or peeling paint. Properly scrape all wood surfaces and repaint. 42 . One boarded window on this side. Remove board and repair or replace window and frame. East Side of Buildinq 43 . All wood surfaces have worn, chipped and peeling paint . Properly scrape and repaint all wood surfaces . 44 . Foundation along east side is cracked and in need of repair. Properly repair foundation. 45 . Four windows and two doors have been boarded. Remove all boards and replace windows and frames as necessary. South Side of Building 46 . All wood surfaces show signs of worn and peeling paint. Properly scrape all paint and repaint all wood surfaces . 47 . Roof over southmost room is worn and damaged . Replace. 48 . Venting out of west side room is damaged. Repair or replace. - . . �y�-��� Deficiency List 590 Sherburne Avenue June 23 , 1989 Page 5 of 5 Accessory Structure 49 . Garage off alley . Roof is damaged with large holes through roof . Replace roof . 50 . Al1 wood surfaces of garage have worn, loose and chipping paint. Properly scrape and repaint garage. 51 . Along south side, foundation is damaged . Repair or replace foundation. 52 . South wall is damaged. Repair or replace south wall . Basic Facilities 53 . Electrical meters have been removed. Provide proper electrical service to building. 54 . Water has been shut off to building . Provide proper water service to building. GENERAL 55 . Both first and second floor lack properly installed smoke detectors . Provide. 56 . East side deck area is rotted wood. Replace all rotted wood. 57 . Deck roof lacking proper support. Provide. 58 . Improper installation of gas vent piping for gas furnace and hot water heater. Pravide proper venting for gas fired appliances . Please be advised that this deficiency list may not be complete. In order to apply for building permits, the owner must obtain a Certificate of Code Compliance or Certificate of Occupancy inspection and provide a $2 , 000 . 00 performance bond. If you are unable to finance the correction or rehabilitation of the premises to comply with this order, there are state and local rehabilitation programs for which you may qualify. Information about these programs is available from the Department of Planning and Economic Development, Rehabilitation Section at ( 612 ) 228- 3105 . Ask to speak to a loan officer.