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99-1061Council File # L�-�b�\ Green Sheet # �Oa.aL �C� CITY Presented By Referred To Committee: Date 1 VJFIEREA5, Citizen Service Office, Division of Code Enforcement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or 3 wrecking and removal of a two-story, wood frame dwelling with a detached, one-stall, wood frame 4 garage located on properiy hereinafter referred to as the "Subject Properiy" and commonly known as 5 132$ Mi�ehaha Avenue West. This property is legally described as follows, to wit: 6 7 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Lot 13, Block 2, Syndicate No. 5 Addition. VJHEREAS, based upon the recards in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before July 7, 1999, the foliowing are the now known interested or responsible parties for the Subject Property: Secretary of Housing and Urban Development, 451 7`� Street Southwest, Washington, DC 20410-0001; H.U.D. Property Disposition, 220 2° Street South, 2n Floor, Mpls., MN 55401; First Preston, 900 128�' Street West, Ste 202, Burnsville, NIN 55337 WI�REAS, 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 Nuisazice Building(s)" dated August 6, 1999; and WBEREAS, this order informed the then known interested or responsible parties that the smtcture located on the Subject Pxoperty as a nuisance building(s} pursuant to Chapter 45; and WI�REAS, this order informed the interested or responsible parties that they must repair ar demolish the structure located on the Subject Property by September 7, 1999; and WI�REAS, the enforcement officer has posted a placard on the Subyect Properiy declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Heazing Officer of the City 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 Legislafive Code, of the time, date, place and purpose of the public hearings; and WE�REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, October 19, 1999 to hear testimony and evidence, and after receiving tesrimony and evidence, made the recommendation to approve the request to order the interested or responsibie parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishnig and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation ar demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and RESOLUTION PAUL, MiNNESOTA 45 �q-1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 27, 1999 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Councii; now therefore 4 5 BE IT RESOLVED, that based upon the testunony and evidence pzesented at the above 6 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order 7 conceming the Subject Property at 1328 Mimiehaha Avenue West: 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. � 5 � f:� That the Subject Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolifion and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Properry which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enfarcement, VacantlNuisance Buildings. That the known interested parties and ownexs are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. •�� The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting a11 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 a11 appiicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed witkun fifteen (15) days after the date of the Council Hearing. 2. If the above conective action is not completed within this period of time the Citizen Service �a- (0�1 1 2 3 4 5 6 7 8 9 10 11 O�ce, Division of Code Enfarcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fixhues of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this tune period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 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: � Approved by Mayor : Date / 1!(XCJ l �� By: Citizeafi Service O£fice• ode En orceme t By: / - "�-�-�� Form Ap oved by City Attorney �._-- - - � � � _ Approved by Mayor for Submission to Cou By: q4-(o�\ GREEN SHEET Wanen R. Bostrom 266-8439 BE ON COUNCIL AGQJD.4 BY (DAT� TOTAL # OF StGNATURE PAGES �..�,.��,�, qtYATTORIEY No 1 0�� L l � �-.�.�_ _ _� ❑ anttsnrz ❑ AYICNL!@.91CFtLR /� ❑ HYM^J1LfFR�9AC!'6 � WYdt(ORKLSfIW�) /�_ ❑ V (CLIP Att LOCATIONS FOR StGNATURE) City Council to pass tlus resolufion which will order the owner(s) to remove ar repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 1328 Minnehaha Avenue West. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Has ttiw persaNfrm ever worked under a contract tor fhis departmeM? VES NO tias ttxa pereon/firm ever been a aty emPlofree4 YES , NO Does Mis peisoMrm pmseBC a sidll nd normallypossessed by any curteM dty employee7 VES NO Is Mis peraoMrtn a taryetetl vendoR YES NO 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 lmown to the Enforcement Officer were given an order to repair or remove the building at 1328 Minnehaha Avenue West by September 7, 1999, and have failed to comply with those orders. ��K� The City will eluninate a nuisance. �CT C� � �� r The City will spend funds to wreck and remove this builcling(s). These costs will be assessed to the property, A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. ,D�,�� - �8,�� souece Nuisance Housing Abatement COET/REVENUEBUDfiEfED(dRCLEONE) ( YES � \_.J ACTMTYNUMBER _ . _ . 33261 _ NO INFORMATION (IXPWNJ C1T[ZEN SHRVICE OFFICE Fred Owusu, Ciry Clerk C�,q-fo6t DNISION OF PROPERTY CODE ENFORCEMENI Warren R Bostrom Program MmwRer CTTY OF SAINf PAUL Norm Coleman, Mayor r.�.r. September 24, 1999 NOTICE OF PUBLIC HEARINGS Council President and Membets of the City Council � �`uSd_.�', t'.cp'�cs � � i � � 5�� Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 1328 Minnehaha Avenue West The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, October 19,1999 City Council Hearing - Wednesday, October 27, 1999 The owners and responsible parties of record are: Name and Last Known Address Secretary of Housin� and [3rban Development 451 7�' Street Southwest Washin�ton, DC 20410-0001 H.U.D. Properiy Disposition 220 2°' Street South, 2" Floor Mpis., MN 55401 Fust Pteston 900 128`� 5treet West, Ste 202 Bumsville, MN 55337 Interest Nuirance Building Cade Enforcement ISW.KelloggBlvdRm.190 Tel: 651-266�440 Saint Pau1, MN55102 Faz: 657-266-8426 Fee Owner Taxpayer Interested Party 1328 Minnehaha Avenue �Vest September 24, 1999 Pa�e 2 The le�al description of this property is: Lot 13, Block 2, Syndicate No. 5 Addition. q.�t - t�� Division of Code Enforcement has declared this buildin�(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� 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 City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authoiize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. J , � ' _�/' , ` L'+/� . - / ..' is �.. � Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service O�ce SM:mI cc: Frank Ber�, Buildin� Inspection and Desi� Rachel Youn�, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Marshall Paul Mordorski, PED-Housin� Division REPORT Date: October 19, 1999 ��( - ��` Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolurion ordering the owner to remove or repair the building at 419 Sherbume Avenue. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 8-10-99) Gerry Strathman recommended approval. 2. Swnmary Abatement for 917 Euclid Steet; Clifford Willie. (J9907A) (Laid over from 10-5-99) Gerry Strathman recommended reducing the assessment to $148 plus the $40 service fee, which brings the assessment to a total of $188. 3. Summary Abatement for 1895 MaQnolia Avenue East; Bruce and Holly Zschokke. (39906A) (Laid over from 10-5-99) Gerry Strathman recommended approval of the assessment. 4. Resolution ordering the owner to remove or repair the building at 1089 Marshall Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the buiiding. Gerry Strathman recommended laying ov_.: to the November 16, 1999, Legislative Hearing. 5. Resolution ordering the owner to remove or re� air the building at 1328 Minnehaha Avenue West. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Suathman recommended approval. 6. Summary Abatement for 1183 Arkwrieht Street; Donald Drouin, Jr. (J9907A) (Laid over from 10-5-99) Gerry Suathman recommended deleting the assessment. rrri MINUTES OF THE LEGISLAI`IVE HEARING Tuesday, October 19, 1999 Room 330 City Hall Gerry Strathman, Legislative Hearing Officer �� ro�� . STAFF PRESENT: Steve Magner, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman calied the meeting to order at 10:02 a.m. Resolution ordering the owner to remove or repair the building at 419 Sherburne Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 8-10-99) (No one appeared representing this property.) Steve Magner reported this properiy was laid over based on a request from Bee Vue who wanted to straighten out ownership of the building. To Mr. Magner's knowledge, that has not been done. Gerry Strathman recommended approval of the resolution citing no one is here representing the property and there is no fiuther information on the property. Summary Abatement for 917 Euclid Street; Clifford Wiilie. (J9907A) (Laid over from 10-5-99) Floyd Unruh, co-owner with Clifford Willie, appeared. (A videotape was shown. Guy Willits supplied paperwork to Gerry Strathman.) Mr. Unruh stated he hired someone to break up a davenport and put it in the dumpster along with other materials that were there. Someone threw it off the dumpster saying the davenport could not be hauled away. Mr. Unruh calied azound to see where he could take it; in the meantime, the City took it. The videotape shows materials plus other items, such as a washer; however, there has never been a washer or dryer on the properiy. It may have come from the renter next door. Mr. Unruh does not deny the property was cleaned up, but he feels the charge is excessive. Mr. Strathman agreed the charge is high, but it is expensive for the City to do it and it is not a business the City is in. It is cleaz Mr. Unruh was notified and the City did the cleanup. Mr. Strathman asked for a breakdown of the cost. Mr. Willits responded the one hour chazge is $210 for the crew, one yazd of refuse for $18, and one appliance for $25. Mr. Strathman stated the $18 and $25 aze actual costs Mr. Unruh wouid have had to pay himself; however, the hour charge is a little high. �� ob� LEGISLATIVE HEARING MINUTES OF 10-19-99 Page 2 Gerry Strathman recommended reducing the hour charge by half wluch makes it $105, plus the one yazd of refuse for $18, the appliance for $25, plus the $40 service fee, which brings the assessment to a total of $188. Summary Abatement for 1845 Magnolia Avenue East; Bruce and Holly Zschokke. (J9906A) (Laid over from 10-5-99) The foliowing appeared: Holly Zschokke, former owner; Floyd Unruh, realtor; Hector Ponce de Leon, present owner. Guy Willits reported orders were mailed on 6-24-99 and posted on the door to remove all rubbish from porch area, greenhouse azea, and cut tall grass. The comply date was 6-29-99. The work was done by Parks and Recreation on 7-12-99 for $1,155. (A videotape was shown.) Ms. Zschokke stated the future owners said they would clean up the grass, and Ms. Zschokke had someone clean up the patio. She assumed the grass was taken care of, but she could see from the videotape the grass did not look good. However, the issue is that items were taken that the future owner wanted to purchase. Mr. Strathman stated he didn't see anything on the videotape except for old broken appliances and tires. Ms. Zschokke responded lawn mowers were taken, and there were items in the greenhouse that the owner wanted to use. Mr. Unruh stated his company Unruh Rea1ty sold the property. The buyer, Mr. de Leon, agreed to cut the grass and was aware of what was in the greenhouse. The lawn mowers were workable, and the only thing off of them was the grass catcher. Some items were gone from the greenhouse that were used for the operation of opening and closing the windows: gears, handies, rods. The City had no right to go into the greenhouse. When the notice was received, Mr. Unruh contacted the City and told them the properry was sold and the buyer would take the property as is. Mr. de Leon stated the reason the grass was not cut very well is because it was so long and the blade broke on his lawn mower. Mr. Willits stated Maynazd Vinge spoke to Mr. Unruh at least three tunes before the cleaning took piace. Mr. Vinge also spoke to Mr. de Leon on 7-3-99. A total of 17 days was given before the work was done. Mr. Strathman stated there aze two issues here. 1) The City did act properly in terms of doing the abatement because the notification was proper and more than reasonable time was given for the owner to make the corrections. It also appeazed the City did a great deal of work. 2) If the City ��-�oc�� LEGISLATIVE HEARING MINUTES OF 10-19-99 Page 3 took properry that should not have been taken, it cannot be resolved here. A claim would need to be filed against the City for the value of the tools that aze missing. Gerry Strathman recommended approval of the assessment. Itesolution ordering the owner to remove or repair the building at 1089 Marshail Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Ben Roberts, owner, appeazed. Steve Magner reported this has been a vacant building since December 1991. There have been 17 sucsunary abatements issued on this property to remove refuse, secure the building, remove graffiti, and cut ta11 grass. The City has had to boazd the building against trespass. The vacant building fees and real estate taxes are paid. Taxarion has placed an estimated mazket value of $18,900 on the properry and the repair costs aze estimated at $20,000. There is no current code inspection. A bond was posted and forfeited. Mr. Roberts stated he talked to Reneta Weiss and the information he received was that no new permits were required to complete the work. When bonds aze forfeited, responded Mr. Magner, the permits expire, and Don Wagner will not issue a code compliance certificate until a new bond is posted and permits aze issued. The building permit was issued on 2-14-95. There are six months on the permits under a bond and another six months can be granted. The bonds were forfeited 2-16-96. Mr. Roberts stated the building is near completion. He met with two inspectors there and toid them he hoped to get it ready in 60 days, but it may be completed by the end of the month. He thought all he had to do is call Don Wagner and get a code compliance inspection. The electrical work is scheduled to be finished, and a permit is going to be pulled on that. Everything is finished on the inside of all the rooms. It looks like all this work was done without permits, stated Mr. Strathman. Mr. Roberts responded it was his impression that the building permits stood. Mr. Roberts stated he does not think the City put any boards on the house. He received a notice that it needed to be secured and Mr. Roberts did that. Mr. Strathman responded the suminary abatements are peripheral. The City has begun the process to order this building removed or repaired within 15 days. It sounds like work has been going on for three years without benefit of permits. On the other hand, the owner feels the building is ready for occupancy so it is absurd to talk about tearing it down_ The property needs to be inspected to see if it is ready for occupancy. A code compliance inspection is needed. �t� �o� � �-t 5. LEGISLATIVE HEARING MINUTES OF 10-19-99 Page 4 Steve Magner explained if a code compliance inspection is needed, it is a matter of obtaining a new $2,000 bond, a building pernut, electdcal pernut, compieting those repairs, and calling Don Wagner for an inspection. Some of this work was done under permits, but a new bond and pernut is needed to finish the repairs. Mr. Roberts stated he does not have $2,OQ0 to post a bond. He was planning to have a code compliance inspection done by the end of this month. If there aze things Mr. Wagner says need to be done, Mr. Roberts wi11 need tune to do those. Gerry Strathxnan recommended laying over to the Novem6er 16, 1999, Legislative Hearing. Mr. Magner stated he will need something in writing to give to Don Wagner in order to release permits without a bond posted. Also, a time line is needed for the permits because a general permit is for six months. Mr. Stratiuuan responded he will supply a memo to Don Wagner. Mr Roberts added that the inside of the building has been gutted, and new sheetrock has been added along with a new electrical system and new plumbing. ��( Resolntion orderiug the owner to remove or repair the building at 1328 Minnehaha Avenue i 1' West. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared representing the properiy.) Steve Magner reported this has been a vacant building since August 1998. It is owned by the secretary of Housing and Urban Development. Five suimnary abatement orders have been issued to remove refuse, secure the dwelling, and cut tall grass. As of this date, the property remains in a condition that comprises a nuisance as defined by the legislative code. The vacant building fees and real estate taxes aze paid. A code compliance inspecfion was done in April. The repairs are estimated to be $40,000. The estimated cost to demolish, $7,000 to $8,000. Gerry Strathman recommended approval of the order. Summary Abatement for 1183 Arkwright Street; Donald Drouin, Jr. (J9907A) (Laid over from 10-5-99) Guy Willits stated this has been an ongoing issue all summer. Some vehicles orders were appealed in June. There were also orders to remove garbage and tall grass. After a number of appeals and a number of conversations with the properiy owner, garbage was removed on 8-16- 99 for $293. (A videotape was shown.) Ms. Heinrich stated the last time she was here, they received an extension to 9-1-99. �� oc� 1 LECsISLAT'IVE HEARING MINUTES OF 10-19-99 Page 5 Donald Drouin stated there was never any garbage in the yazd, tall grass, nor rank plant growth. He wondered how the City justified going into someone's yazd and taldng the lawn fumiture. There were five tires and wheels taken that were for vehicles in the yazd. He was under the impression from his meeting on 7-6-99 that his deadline on this issue was 9-1-99. Ms. Heinrich stated everything was appealed even if it was not discussed on that day. Guy Willits reported the appellant was given unti19-1-99 to store vehicles only. All other violations were to be dealt with immediately. (Mr. StratUnian reviewed the minutes from 6-1-99 and 7-6-99 regazding this property. He then viewed the videotape again.) Mr. Strathman asked is the properry cleaned up now. Mr. Heinrich responded she understood everything on the outside has been cleaned up. Mr. Willits responded there are interior and exterior orders out at this time. An inspection had been set up with Inspector Singerhouse, but he was refused entry. . Mr. Drouin stated there was an empiy Rubbermaid bin in the corner of the patio. There was no reason for that to be taken. The supposed yard waste was actually the compost pile. It had been there four yeazs for making soil. Mr. Strathxnan stated the minutes from 6-1-49 indicate the only item being appealed here is the vehicle abatement. Mr. Drouin responded there were two appeals. Ms. Heinrich concurred. Upon looking at the minutes further, Mr. Strathman stated there are two appeals: the vehicle abatement order appeal was received on 5-21-99 and the yard cleanup appeal was received on 6- 14-99. Both appeals were listed in the 7-6-99 minutes, but there is no conversation on anyone's part with regazd to the cleanup abatement. Gerry Strathman recommended deleting the assessment due to a procedural error. The discussion regazding the cleanup was not reflected in the minutes. The meeting was adjourned at ll:19 p.m. �ii�1 Council File # L�-�b�\ Green Sheet # �Oa.aL �C� CITY Presented By Referred To Committee: Date 1 VJFIEREA5, Citizen Service Office, Division of Code Enforcement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or 3 wrecking and removal of a two-story, wood frame dwelling with a detached, one-stall, wood frame 4 garage located on properiy hereinafter referred to as the "Subject Properiy" and commonly known as 5 132$ Mi�ehaha Avenue West. This property is legally described as follows, to wit: 6 7 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Lot 13, Block 2, Syndicate No. 5 Addition. VJHEREAS, based upon the recards in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before July 7, 1999, the foliowing are the now known interested or responsible parties for the Subject Property: Secretary of Housing and Urban Development, 451 7`� Street Southwest, Washington, DC 20410-0001; H.U.D. Property Disposition, 220 2° Street South, 2n Floor, Mpls., MN 55401; First Preston, 900 128�' Street West, Ste 202, Burnsville, NIN 55337 WI�REAS, 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 Nuisazice Building(s)" dated August 6, 1999; and WBEREAS, this order informed the then known interested or responsible parties that the smtcture located on the Subject Pxoperty as a nuisance building(s} pursuant to Chapter 45; and WI�REAS, this order informed the interested or responsible parties that they must repair ar demolish the structure located on the Subject Property by September 7, 1999; and WI�REAS, the enforcement officer has posted a placard on the Subyect Properiy declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Heazing Officer of the City 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 Legislafive Code, of the time, date, place and purpose of the public hearings; and WE�REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, October 19, 1999 to hear testimony and evidence, and after receiving tesrimony and evidence, made the recommendation to approve the request to order the interested or responsibie parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishnig and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation ar demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and RESOLUTION PAUL, MiNNESOTA 45 �q-1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 27, 1999 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Councii; now therefore 4 5 BE IT RESOLVED, that based upon the testunony and evidence pzesented at the above 6 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order 7 conceming the Subject Property at 1328 Mimiehaha Avenue West: 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. � 5 � f:� That the Subject Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolifion and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Properry which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enfarcement, VacantlNuisance Buildings. That the known interested parties and ownexs are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. •�� The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting a11 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 a11 appiicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed witkun fifteen (15) days after the date of the Council Hearing. 2. If the above conective action is not completed within this period of time the Citizen Service �a- (0�1 1 2 3 4 5 6 7 8 9 10 11 O�ce, Division of Code Enfarcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fixhues of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this tune period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 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: � Approved by Mayor : Date / 1!(XCJ l �� By: Citizeafi Service O£fice• ode En orceme t By: / - "�-�-�� Form Ap oved by City Attorney �._-- - - � � � _ Approved by Mayor for Submission to Cou By: q4-(o�\ GREEN SHEET Wanen R. Bostrom 266-8439 BE ON COUNCIL AGQJD.4 BY (DAT� TOTAL # OF StGNATURE PAGES �..�,.��,�, qtYATTORIEY No 1 0�� L l � �-.�.�_ _ _� ❑ anttsnrz ❑ AYICNL!@.91CFtLR /� ❑ HYM^J1LfFR�9AC!'6 � WYdt(ORKLSfIW�) /�_ ❑ V (CLIP Att LOCATIONS FOR StGNATURE) City Council to pass tlus resolufion which will order the owner(s) to remove ar repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 1328 Minnehaha Avenue West. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Has ttiw persaNfrm ever worked under a contract tor fhis departmeM? VES NO tias ttxa pereon/firm ever been a aty emPlofree4 YES , NO Does Mis peisoMrm pmseBC a sidll nd normallypossessed by any curteM dty employee7 VES NO Is Mis peraoMrtn a taryetetl vendoR YES NO 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 lmown to the Enforcement Officer were given an order to repair or remove the building at 1328 Minnehaha Avenue West by September 7, 1999, and have failed to comply with those orders. ��K� The City will eluninate a nuisance. �CT C� � �� r The City will spend funds to wreck and remove this builcling(s). These costs will be assessed to the property, A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. ,D�,�� - �8,�� souece Nuisance Housing Abatement COET/REVENUEBUDfiEfED(dRCLEONE) ( YES � \_.J ACTMTYNUMBER _ . _ . 33261 _ NO INFORMATION (IXPWNJ C1T[ZEN SHRVICE OFFICE Fred Owusu, Ciry Clerk C�,q-fo6t DNISION OF PROPERTY CODE ENFORCEMENI Warren R Bostrom Program MmwRer CTTY OF SAINf PAUL Norm Coleman, Mayor r.�.r. September 24, 1999 NOTICE OF PUBLIC HEARINGS Council President and Membets of the City Council � �`uSd_.�', t'.cp'�cs � � i � � 5�� Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 1328 Minnehaha Avenue West The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, October 19,1999 City Council Hearing - Wednesday, October 27, 1999 The owners and responsible parties of record are: Name and Last Known Address Secretary of Housin� and [3rban Development 451 7�' Street Southwest Washin�ton, DC 20410-0001 H.U.D. Properiy Disposition 220 2°' Street South, 2" Floor Mpis., MN 55401 Fust Pteston 900 128`� 5treet West, Ste 202 Bumsville, MN 55337 Interest Nuirance Building Cade Enforcement ISW.KelloggBlvdRm.190 Tel: 651-266�440 Saint Pau1, MN55102 Faz: 657-266-8426 Fee Owner Taxpayer Interested Party 1328 Minnehaha Avenue �Vest September 24, 1999 Pa�e 2 The le�al description of this property is: Lot 13, Block 2, Syndicate No. 5 Addition. q.�t - t�� Division of Code Enforcement has declared this buildin�(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� 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 City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authoiize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. J , � ' _�/' , ` L'+/� . - / ..' is �.. � Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service O�ce SM:mI cc: Frank Ber�, Buildin� Inspection and Desi� Rachel Youn�, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Marshall Paul Mordorski, PED-Housin� Division REPORT Date: October 19, 1999 ��( - ��` Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolurion ordering the owner to remove or repair the building at 419 Sherbume Avenue. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 8-10-99) Gerry Strathman recommended approval. 2. Swnmary Abatement for 917 Euclid Steet; Clifford Willie. (J9907A) (Laid over from 10-5-99) Gerry Strathman recommended reducing the assessment to $148 plus the $40 service fee, which brings the assessment to a total of $188. 3. Summary Abatement for 1895 MaQnolia Avenue East; Bruce and Holly Zschokke. (39906A) (Laid over from 10-5-99) Gerry Strathman recommended approval of the assessment. 4. Resolution ordering the owner to remove or repair the building at 1089 Marshall Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the buiiding. Gerry Strathman recommended laying ov_.: to the November 16, 1999, Legislative Hearing. 5. Resolution ordering the owner to remove or re� air the building at 1328 Minnehaha Avenue West. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Suathman recommended approval. 6. Summary Abatement for 1183 Arkwrieht Street; Donald Drouin, Jr. (J9907A) (Laid over from 10-5-99) Gerry Suathman recommended deleting the assessment. rrri MINUTES OF THE LEGISLAI`IVE HEARING Tuesday, October 19, 1999 Room 330 City Hall Gerry Strathman, Legislative Hearing Officer �� ro�� . STAFF PRESENT: Steve Magner, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman calied the meeting to order at 10:02 a.m. Resolution ordering the owner to remove or repair the building at 419 Sherburne Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 8-10-99) (No one appeared representing this property.) Steve Magner reported this properiy was laid over based on a request from Bee Vue who wanted to straighten out ownership of the building. To Mr. Magner's knowledge, that has not been done. Gerry Strathman recommended approval of the resolution citing no one is here representing the property and there is no fiuther information on the property. Summary Abatement for 917 Euclid Street; Clifford Wiilie. (J9907A) (Laid over from 10-5-99) Floyd Unruh, co-owner with Clifford Willie, appeared. (A videotape was shown. Guy Willits supplied paperwork to Gerry Strathman.) Mr. Unruh stated he hired someone to break up a davenport and put it in the dumpster along with other materials that were there. Someone threw it off the dumpster saying the davenport could not be hauled away. Mr. Unruh calied azound to see where he could take it; in the meantime, the City took it. The videotape shows materials plus other items, such as a washer; however, there has never been a washer or dryer on the properiy. It may have come from the renter next door. Mr. Unruh does not deny the property was cleaned up, but he feels the charge is excessive. Mr. Strathman agreed the charge is high, but it is expensive for the City to do it and it is not a business the City is in. It is cleaz Mr. Unruh was notified and the City did the cleanup. Mr. Strathman asked for a breakdown of the cost. Mr. Willits responded the one hour chazge is $210 for the crew, one yazd of refuse for $18, and one appliance for $25. Mr. Strathman stated the $18 and $25 aze actual costs Mr. Unruh wouid have had to pay himself; however, the hour charge is a little high. �� ob� LEGISLATIVE HEARING MINUTES OF 10-19-99 Page 2 Gerry Strathman recommended reducing the hour charge by half wluch makes it $105, plus the one yazd of refuse for $18, the appliance for $25, plus the $40 service fee, which brings the assessment to a total of $188. Summary Abatement for 1845 Magnolia Avenue East; Bruce and Holly Zschokke. (J9906A) (Laid over from 10-5-99) The foliowing appeared: Holly Zschokke, former owner; Floyd Unruh, realtor; Hector Ponce de Leon, present owner. Guy Willits reported orders were mailed on 6-24-99 and posted on the door to remove all rubbish from porch area, greenhouse azea, and cut tall grass. The comply date was 6-29-99. The work was done by Parks and Recreation on 7-12-99 for $1,155. (A videotape was shown.) Ms. Zschokke stated the future owners said they would clean up the grass, and Ms. Zschokke had someone clean up the patio. She assumed the grass was taken care of, but she could see from the videotape the grass did not look good. However, the issue is that items were taken that the future owner wanted to purchase. Mr. Strathman stated he didn't see anything on the videotape except for old broken appliances and tires. Ms. Zschokke responded lawn mowers were taken, and there were items in the greenhouse that the owner wanted to use. Mr. Unruh stated his company Unruh Rea1ty sold the property. The buyer, Mr. de Leon, agreed to cut the grass and was aware of what was in the greenhouse. The lawn mowers were workable, and the only thing off of them was the grass catcher. Some items were gone from the greenhouse that were used for the operation of opening and closing the windows: gears, handies, rods. The City had no right to go into the greenhouse. When the notice was received, Mr. Unruh contacted the City and told them the properry was sold and the buyer would take the property as is. Mr. de Leon stated the reason the grass was not cut very well is because it was so long and the blade broke on his lawn mower. Mr. Willits stated Maynazd Vinge spoke to Mr. Unruh at least three tunes before the cleaning took piace. Mr. Vinge also spoke to Mr. de Leon on 7-3-99. A total of 17 days was given before the work was done. Mr. Strathman stated there aze two issues here. 1) The City did act properly in terms of doing the abatement because the notification was proper and more than reasonable time was given for the owner to make the corrections. It also appeazed the City did a great deal of work. 2) If the City ��-�oc�� LEGISLATIVE HEARING MINUTES OF 10-19-99 Page 3 took properry that should not have been taken, it cannot be resolved here. A claim would need to be filed against the City for the value of the tools that aze missing. Gerry Strathman recommended approval of the assessment. Itesolution ordering the owner to remove or repair the building at 1089 Marshail Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Ben Roberts, owner, appeazed. Steve Magner reported this has been a vacant building since December 1991. There have been 17 sucsunary abatements issued on this property to remove refuse, secure the building, remove graffiti, and cut ta11 grass. The City has had to boazd the building against trespass. The vacant building fees and real estate taxes are paid. Taxarion has placed an estimated mazket value of $18,900 on the properry and the repair costs aze estimated at $20,000. There is no current code inspection. A bond was posted and forfeited. Mr. Roberts stated he talked to Reneta Weiss and the information he received was that no new permits were required to complete the work. When bonds aze forfeited, responded Mr. Magner, the permits expire, and Don Wagner will not issue a code compliance certificate until a new bond is posted and permits aze issued. The building permit was issued on 2-14-95. There are six months on the permits under a bond and another six months can be granted. The bonds were forfeited 2-16-96. Mr. Roberts stated the building is near completion. He met with two inspectors there and toid them he hoped to get it ready in 60 days, but it may be completed by the end of the month. He thought all he had to do is call Don Wagner and get a code compliance inspection. The electrical work is scheduled to be finished, and a permit is going to be pulled on that. Everything is finished on the inside of all the rooms. It looks like all this work was done without permits, stated Mr. Strathman. Mr. Roberts responded it was his impression that the building permits stood. Mr. Roberts stated he does not think the City put any boards on the house. He received a notice that it needed to be secured and Mr. Roberts did that. Mr. Strathman responded the suminary abatements are peripheral. The City has begun the process to order this building removed or repaired within 15 days. It sounds like work has been going on for three years without benefit of permits. On the other hand, the owner feels the building is ready for occupancy so it is absurd to talk about tearing it down_ The property needs to be inspected to see if it is ready for occupancy. A code compliance inspection is needed. �t� �o� � �-t 5. LEGISLATIVE HEARING MINUTES OF 10-19-99 Page 4 Steve Magner explained if a code compliance inspection is needed, it is a matter of obtaining a new $2,000 bond, a building pernut, electdcal pernut, compieting those repairs, and calling Don Wagner for an inspection. Some of this work was done under permits, but a new bond and pernut is needed to finish the repairs. Mr. Roberts stated he does not have $2,OQ0 to post a bond. He was planning to have a code compliance inspection done by the end of this month. If there aze things Mr. Wagner says need to be done, Mr. Roberts wi11 need tune to do those. Gerry Strathxnan recommended laying over to the Novem6er 16, 1999, Legislative Hearing. Mr. Magner stated he will need something in writing to give to Don Wagner in order to release permits without a bond posted. Also, a time line is needed for the permits because a general permit is for six months. Mr. Stratiuuan responded he will supply a memo to Don Wagner. Mr Roberts added that the inside of the building has been gutted, and new sheetrock has been added along with a new electrical system and new plumbing. ��( Resolntion orderiug the owner to remove or repair the building at 1328 Minnehaha Avenue i 1' West. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared representing the properiy.) Steve Magner reported this has been a vacant building since August 1998. It is owned by the secretary of Housing and Urban Development. Five suimnary abatement orders have been issued to remove refuse, secure the dwelling, and cut tall grass. As of this date, the property remains in a condition that comprises a nuisance as defined by the legislative code. The vacant building fees and real estate taxes aze paid. A code compliance inspecfion was done in April. The repairs are estimated to be $40,000. The estimated cost to demolish, $7,000 to $8,000. Gerry Strathman recommended approval of the order. Summary Abatement for 1183 Arkwright Street; Donald Drouin, Jr. (J9907A) (Laid over from 10-5-99) Guy Willits stated this has been an ongoing issue all summer. Some vehicles orders were appealed in June. There were also orders to remove garbage and tall grass. After a number of appeals and a number of conversations with the properiy owner, garbage was removed on 8-16- 99 for $293. (A videotape was shown.) Ms. Heinrich stated the last time she was here, they received an extension to 9-1-99. �� oc� 1 LECsISLAT'IVE HEARING MINUTES OF 10-19-99 Page 5 Donald Drouin stated there was never any garbage in the yazd, tall grass, nor rank plant growth. He wondered how the City justified going into someone's yazd and taldng the lawn fumiture. There were five tires and wheels taken that were for vehicles in the yazd. He was under the impression from his meeting on 7-6-99 that his deadline on this issue was 9-1-99. Ms. Heinrich stated everything was appealed even if it was not discussed on that day. Guy Willits reported the appellant was given unti19-1-99 to store vehicles only. All other violations were to be dealt with immediately. (Mr. StratUnian reviewed the minutes from 6-1-99 and 7-6-99 regazding this property. He then viewed the videotape again.) Mr. Strathman asked is the properry cleaned up now. Mr. Heinrich responded she understood everything on the outside has been cleaned up. Mr. Willits responded there are interior and exterior orders out at this time. An inspection had been set up with Inspector Singerhouse, but he was refused entry. . Mr. Drouin stated there was an empiy Rubbermaid bin in the corner of the patio. There was no reason for that to be taken. The supposed yard waste was actually the compost pile. It had been there four yeazs for making soil. Mr. Strathxnan stated the minutes from 6-1-49 indicate the only item being appealed here is the vehicle abatement. Mr. Drouin responded there were two appeals. Ms. Heinrich concurred. Upon looking at the minutes further, Mr. Strathman stated there are two appeals: the vehicle abatement order appeal was received on 5-21-99 and the yard cleanup appeal was received on 6- 14-99. Both appeals were listed in the 7-6-99 minutes, but there is no conversation on anyone's part with regazd to the cleanup abatement. Gerry Strathman recommended deleting the assessment due to a procedural error. The discussion regazding the cleanup was not reflected in the minutes. The meeting was adjourned at ll:19 p.m. �ii�1 Council File # L�-�b�\ Green Sheet # �Oa.aL �C� CITY Presented By Referred To Committee: Date 1 VJFIEREA5, Citizen Service Office, Division of Code Enforcement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or 3 wrecking and removal of a two-story, wood frame dwelling with a detached, one-stall, wood frame 4 garage located on properiy hereinafter referred to as the "Subject Properiy" and commonly known as 5 132$ Mi�ehaha Avenue West. This property is legally described as follows, to wit: 6 7 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Lot 13, Block 2, Syndicate No. 5 Addition. VJHEREAS, based upon the recards in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before July 7, 1999, the foliowing are the now known interested or responsible parties for the Subject Property: Secretary of Housing and Urban Development, 451 7`� Street Southwest, Washington, DC 20410-0001; H.U.D. Property Disposition, 220 2° Street South, 2n Floor, Mpls., MN 55401; First Preston, 900 128�' Street West, Ste 202, Burnsville, NIN 55337 WI�REAS, 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 Nuisazice Building(s)" dated August 6, 1999; and WBEREAS, this order informed the then known interested or responsible parties that the smtcture located on the Subject Pxoperty as a nuisance building(s} pursuant to Chapter 45; and WI�REAS, this order informed the interested or responsible parties that they must repair ar demolish the structure located on the Subject Property by September 7, 1999; and WI�REAS, the enforcement officer has posted a placard on the Subyect Properiy declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Heazing Officer of the City 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 Legislafive Code, of the time, date, place and purpose of the public hearings; and WE�REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, October 19, 1999 to hear testimony and evidence, and after receiving tesrimony and evidence, made the recommendation to approve the request to order the interested or responsibie parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishnig and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation ar demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and RESOLUTION PAUL, MiNNESOTA 45 �q-1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 27, 1999 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Councii; now therefore 4 5 BE IT RESOLVED, that based upon the testunony and evidence pzesented at the above 6 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order 7 conceming the Subject Property at 1328 Mimiehaha Avenue West: 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. � 5 � f:� That the Subject Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolifion and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Properry which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enfarcement, VacantlNuisance Buildings. That the known interested parties and ownexs are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. •�� The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting a11 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 a11 appiicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed witkun fifteen (15) days after the date of the Council Hearing. 2. If the above conective action is not completed within this period of time the Citizen Service �a- (0�1 1 2 3 4 5 6 7 8 9 10 11 O�ce, Division of Code Enfarcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fixhues of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this tune period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 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: � Approved by Mayor : Date / 1!(XCJ l �� By: Citizeafi Service O£fice• ode En orceme t By: / - "�-�-�� Form Ap oved by City Attorney �._-- - - � � � _ Approved by Mayor for Submission to Cou By: q4-(o�\ GREEN SHEET Wanen R. Bostrom 266-8439 BE ON COUNCIL AGQJD.4 BY (DAT� TOTAL # OF StGNATURE PAGES �..�,.��,�, qtYATTORIEY No 1 0�� L l � �-.�.�_ _ _� ❑ anttsnrz ❑ AYICNL!@.91CFtLR /� ❑ HYM^J1LfFR�9AC!'6 � WYdt(ORKLSfIW�) /�_ ❑ V (CLIP Att LOCATIONS FOR StGNATURE) City Council to pass tlus resolufion which will order the owner(s) to remove ar repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 1328 Minnehaha Avenue West. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Has ttiw persaNfrm ever worked under a contract tor fhis departmeM? VES NO tias ttxa pereon/firm ever been a aty emPlofree4 YES , NO Does Mis peisoMrm pmseBC a sidll nd normallypossessed by any curteM dty employee7 VES NO Is Mis peraoMrtn a taryetetl vendoR YES NO 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 lmown to the Enforcement Officer were given an order to repair or remove the building at 1328 Minnehaha Avenue West by September 7, 1999, and have failed to comply with those orders. ��K� The City will eluninate a nuisance. �CT C� � �� r The City will spend funds to wreck and remove this builcling(s). These costs will be assessed to the property, A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. ,D�,�� - �8,�� souece Nuisance Housing Abatement COET/REVENUEBUDfiEfED(dRCLEONE) ( YES � \_.J ACTMTYNUMBER _ . _ . 33261 _ NO INFORMATION (IXPWNJ C1T[ZEN SHRVICE OFFICE Fred Owusu, Ciry Clerk C�,q-fo6t DNISION OF PROPERTY CODE ENFORCEMENI Warren R Bostrom Program MmwRer CTTY OF SAINf PAUL Norm Coleman, Mayor r.�.r. September 24, 1999 NOTICE OF PUBLIC HEARINGS Council President and Membets of the City Council � �`uSd_.�', t'.cp'�cs � � i � � 5�� Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 1328 Minnehaha Avenue West The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, October 19,1999 City Council Hearing - Wednesday, October 27, 1999 The owners and responsible parties of record are: Name and Last Known Address Secretary of Housin� and [3rban Development 451 7�' Street Southwest Washin�ton, DC 20410-0001 H.U.D. Properiy Disposition 220 2°' Street South, 2" Floor Mpis., MN 55401 Fust Pteston 900 128`� 5treet West, Ste 202 Bumsville, MN 55337 Interest Nuirance Building Cade Enforcement ISW.KelloggBlvdRm.190 Tel: 651-266�440 Saint Pau1, MN55102 Faz: 657-266-8426 Fee Owner Taxpayer Interested Party 1328 Minnehaha Avenue �Vest September 24, 1999 Pa�e 2 The le�al description of this property is: Lot 13, Block 2, Syndicate No. 5 Addition. q.�t - t�� Division of Code Enforcement has declared this buildin�(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� 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 City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authoiize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. J , � ' _�/' , ` L'+/� . - / ..' is �.. � Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service O�ce SM:mI cc: Frank Ber�, Buildin� Inspection and Desi� Rachel Youn�, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Marshall Paul Mordorski, PED-Housin� Division REPORT Date: October 19, 1999 ��( - ��` Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolurion ordering the owner to remove or repair the building at 419 Sherbume Avenue. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 8-10-99) Gerry Strathman recommended approval. 2. Swnmary Abatement for 917 Euclid Steet; Clifford Willie. (J9907A) (Laid over from 10-5-99) Gerry Strathman recommended reducing the assessment to $148 plus the $40 service fee, which brings the assessment to a total of $188. 3. Summary Abatement for 1895 MaQnolia Avenue East; Bruce and Holly Zschokke. (39906A) (Laid over from 10-5-99) Gerry Strathman recommended approval of the assessment. 4. Resolution ordering the owner to remove or repair the building at 1089 Marshall Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the buiiding. Gerry Strathman recommended laying ov_.: to the November 16, 1999, Legislative Hearing. 5. Resolution ordering the owner to remove or re� air the building at 1328 Minnehaha Avenue West. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Suathman recommended approval. 6. Summary Abatement for 1183 Arkwrieht Street; Donald Drouin, Jr. (J9907A) (Laid over from 10-5-99) Gerry Suathman recommended deleting the assessment. rrri MINUTES OF THE LEGISLAI`IVE HEARING Tuesday, October 19, 1999 Room 330 City Hall Gerry Strathman, Legislative Hearing Officer �� ro�� . STAFF PRESENT: Steve Magner, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman calied the meeting to order at 10:02 a.m. Resolution ordering the owner to remove or repair the building at 419 Sherburne Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 8-10-99) (No one appeared representing this property.) Steve Magner reported this properiy was laid over based on a request from Bee Vue who wanted to straighten out ownership of the building. To Mr. Magner's knowledge, that has not been done. Gerry Strathman recommended approval of the resolution citing no one is here representing the property and there is no fiuther information on the property. Summary Abatement for 917 Euclid Street; Clifford Wiilie. (J9907A) (Laid over from 10-5-99) Floyd Unruh, co-owner with Clifford Willie, appeared. (A videotape was shown. Guy Willits supplied paperwork to Gerry Strathman.) Mr. Unruh stated he hired someone to break up a davenport and put it in the dumpster along with other materials that were there. Someone threw it off the dumpster saying the davenport could not be hauled away. Mr. Unruh calied azound to see where he could take it; in the meantime, the City took it. The videotape shows materials plus other items, such as a washer; however, there has never been a washer or dryer on the properiy. It may have come from the renter next door. Mr. Unruh does not deny the property was cleaned up, but he feels the charge is excessive. Mr. Strathman agreed the charge is high, but it is expensive for the City to do it and it is not a business the City is in. It is cleaz Mr. Unruh was notified and the City did the cleanup. Mr. Strathman asked for a breakdown of the cost. Mr. Willits responded the one hour chazge is $210 for the crew, one yazd of refuse for $18, and one appliance for $25. Mr. Strathman stated the $18 and $25 aze actual costs Mr. Unruh wouid have had to pay himself; however, the hour charge is a little high. �� ob� LEGISLATIVE HEARING MINUTES OF 10-19-99 Page 2 Gerry Strathman recommended reducing the hour charge by half wluch makes it $105, plus the one yazd of refuse for $18, the appliance for $25, plus the $40 service fee, which brings the assessment to a total of $188. Summary Abatement for 1845 Magnolia Avenue East; Bruce and Holly Zschokke. (J9906A) (Laid over from 10-5-99) The foliowing appeared: Holly Zschokke, former owner; Floyd Unruh, realtor; Hector Ponce de Leon, present owner. Guy Willits reported orders were mailed on 6-24-99 and posted on the door to remove all rubbish from porch area, greenhouse azea, and cut tall grass. The comply date was 6-29-99. The work was done by Parks and Recreation on 7-12-99 for $1,155. (A videotape was shown.) Ms. Zschokke stated the future owners said they would clean up the grass, and Ms. Zschokke had someone clean up the patio. She assumed the grass was taken care of, but she could see from the videotape the grass did not look good. However, the issue is that items were taken that the future owner wanted to purchase. Mr. Strathman stated he didn't see anything on the videotape except for old broken appliances and tires. Ms. Zschokke responded lawn mowers were taken, and there were items in the greenhouse that the owner wanted to use. Mr. Unruh stated his company Unruh Rea1ty sold the property. The buyer, Mr. de Leon, agreed to cut the grass and was aware of what was in the greenhouse. The lawn mowers were workable, and the only thing off of them was the grass catcher. Some items were gone from the greenhouse that were used for the operation of opening and closing the windows: gears, handies, rods. The City had no right to go into the greenhouse. When the notice was received, Mr. Unruh contacted the City and told them the properry was sold and the buyer would take the property as is. Mr. de Leon stated the reason the grass was not cut very well is because it was so long and the blade broke on his lawn mower. Mr. Willits stated Maynazd Vinge spoke to Mr. Unruh at least three tunes before the cleaning took piace. Mr. Vinge also spoke to Mr. de Leon on 7-3-99. A total of 17 days was given before the work was done. Mr. Strathman stated there aze two issues here. 1) The City did act properly in terms of doing the abatement because the notification was proper and more than reasonable time was given for the owner to make the corrections. It also appeazed the City did a great deal of work. 2) If the City ��-�oc�� LEGISLATIVE HEARING MINUTES OF 10-19-99 Page 3 took properry that should not have been taken, it cannot be resolved here. A claim would need to be filed against the City for the value of the tools that aze missing. Gerry Strathman recommended approval of the assessment. Itesolution ordering the owner to remove or repair the building at 1089 Marshail Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Ben Roberts, owner, appeazed. Steve Magner reported this has been a vacant building since December 1991. There have been 17 sucsunary abatements issued on this property to remove refuse, secure the building, remove graffiti, and cut ta11 grass. The City has had to boazd the building against trespass. The vacant building fees and real estate taxes are paid. Taxarion has placed an estimated mazket value of $18,900 on the properry and the repair costs aze estimated at $20,000. There is no current code inspection. A bond was posted and forfeited. Mr. Roberts stated he talked to Reneta Weiss and the information he received was that no new permits were required to complete the work. When bonds aze forfeited, responded Mr. Magner, the permits expire, and Don Wagner will not issue a code compliance certificate until a new bond is posted and permits aze issued. The building permit was issued on 2-14-95. There are six months on the permits under a bond and another six months can be granted. The bonds were forfeited 2-16-96. Mr. Roberts stated the building is near completion. He met with two inspectors there and toid them he hoped to get it ready in 60 days, but it may be completed by the end of the month. He thought all he had to do is call Don Wagner and get a code compliance inspection. The electrical work is scheduled to be finished, and a permit is going to be pulled on that. Everything is finished on the inside of all the rooms. It looks like all this work was done without permits, stated Mr. Strathman. Mr. Roberts responded it was his impression that the building permits stood. Mr. Roberts stated he does not think the City put any boards on the house. He received a notice that it needed to be secured and Mr. Roberts did that. Mr. Strathman responded the suminary abatements are peripheral. The City has begun the process to order this building removed or repaired within 15 days. It sounds like work has been going on for three years without benefit of permits. On the other hand, the owner feels the building is ready for occupancy so it is absurd to talk about tearing it down_ The property needs to be inspected to see if it is ready for occupancy. A code compliance inspection is needed. �t� �o� � �-t 5. LEGISLATIVE HEARING MINUTES OF 10-19-99 Page 4 Steve Magner explained if a code compliance inspection is needed, it is a matter of obtaining a new $2,000 bond, a building pernut, electdcal pernut, compieting those repairs, and calling Don Wagner for an inspection. Some of this work was done under permits, but a new bond and pernut is needed to finish the repairs. Mr. Roberts stated he does not have $2,OQ0 to post a bond. He was planning to have a code compliance inspection done by the end of this month. If there aze things Mr. Wagner says need to be done, Mr. Roberts wi11 need tune to do those. Gerry Strathxnan recommended laying over to the Novem6er 16, 1999, Legislative Hearing. Mr. Magner stated he will need something in writing to give to Don Wagner in order to release permits without a bond posted. Also, a time line is needed for the permits because a general permit is for six months. Mr. Stratiuuan responded he will supply a memo to Don Wagner. Mr Roberts added that the inside of the building has been gutted, and new sheetrock has been added along with a new electrical system and new plumbing. ��( Resolntion orderiug the owner to remove or repair the building at 1328 Minnehaha Avenue i 1' West. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared representing the properiy.) Steve Magner reported this has been a vacant building since August 1998. It is owned by the secretary of Housing and Urban Development. Five suimnary abatement orders have been issued to remove refuse, secure the dwelling, and cut tall grass. As of this date, the property remains in a condition that comprises a nuisance as defined by the legislative code. The vacant building fees and real estate taxes aze paid. A code compliance inspecfion was done in April. The repairs are estimated to be $40,000. The estimated cost to demolish, $7,000 to $8,000. Gerry Strathman recommended approval of the order. Summary Abatement for 1183 Arkwright Street; Donald Drouin, Jr. (J9907A) (Laid over from 10-5-99) Guy Willits stated this has been an ongoing issue all summer. Some vehicles orders were appealed in June. There were also orders to remove garbage and tall grass. After a number of appeals and a number of conversations with the properiy owner, garbage was removed on 8-16- 99 for $293. (A videotape was shown.) Ms. Heinrich stated the last time she was here, they received an extension to 9-1-99. �� oc� 1 LECsISLAT'IVE HEARING MINUTES OF 10-19-99 Page 5 Donald Drouin stated there was never any garbage in the yazd, tall grass, nor rank plant growth. He wondered how the City justified going into someone's yazd and taldng the lawn fumiture. There were five tires and wheels taken that were for vehicles in the yazd. He was under the impression from his meeting on 7-6-99 that his deadline on this issue was 9-1-99. Ms. Heinrich stated everything was appealed even if it was not discussed on that day. Guy Willits reported the appellant was given unti19-1-99 to store vehicles only. All other violations were to be dealt with immediately. (Mr. StratUnian reviewed the minutes from 6-1-99 and 7-6-99 regazding this property. He then viewed the videotape again.) Mr. Strathman asked is the properry cleaned up now. Mr. Heinrich responded she understood everything on the outside has been cleaned up. Mr. Willits responded there are interior and exterior orders out at this time. An inspection had been set up with Inspector Singerhouse, but he was refused entry. . Mr. Drouin stated there was an empiy Rubbermaid bin in the corner of the patio. There was no reason for that to be taken. The supposed yard waste was actually the compost pile. It had been there four yeazs for making soil. Mr. Strathxnan stated the minutes from 6-1-49 indicate the only item being appealed here is the vehicle abatement. Mr. Drouin responded there were two appeals. Ms. Heinrich concurred. Upon looking at the minutes further, Mr. Strathman stated there are two appeals: the vehicle abatement order appeal was received on 5-21-99 and the yard cleanup appeal was received on 6- 14-99. Both appeals were listed in the 7-6-99 minutes, but there is no conversation on anyone's part with regazd to the cleanup abatement. Gerry Strathman recommended deleting the assessment due to a procedural error. The discussion regazding the cleanup was not reflected in the minutes. The meeting was adjourned at ll:19 p.m. �ii�1