00-316QR1G11�A�
Council File # OO - 31 �
Green Sheet # � �ZZ�
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
30
Committee: Date
1 WHEREAS, 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 rivo-story, wood frame dwelling with a detached, one-stall, wood frame
4 garage located on property hereina8er referred to as the "Subject Property" and commonly known as
5 923 Agate Street. This property is legally described as follows, to wit:
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The North 50 feet of Lots 1 and 2, Block 3, Edmund Rice's Third Addition to City of St. Paul.
WHEREAS, based upon the recards in the Ramsey County Recorder's Office and information
obtained by Division of Code Enforcement on or before November 10, 1999, the following are the now
known interested or responsible parties for the Subject Property: Daniel E. Otto, 923 Agate Street,
St. Paul, MN 55117-555&; Daniel E. Ottq 13264 Tsleton Avenue North, Hugo, MN 55038; Attorney
Lawrence C. Dingmann Jr, Re: Citibank, 3100 West Lake Street, Ste. 208, Mpls., MN 55416;
Attomey Allan J. Zlimen, Re: Norwest Bank MN, NA., 430 Oak Grove Street, Ste. 200, Mpls., MN
55403
WI�REAS, Division of Code Enforcement has seived in accordance with the provisions of
Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance
Building(s)" dated Januasy 5, 20Q0; and
WFIEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s} pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by Febn�ary 4, 2000; and
WIIEREAS, the enforcement officer has posted a placazd on the Subject Property declaring this
building(s) to constitute a nuisance condition; subject to demolition; and
WIIEREAS, this nuisance condition has not been corrected and Division of Code Enforcement
requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City
CouncIl and the Saint Paul City CouncIl; and
WIIEREAS, the interested and responsible parties have been served notice in accordance with
the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of
the public heaxings; and
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1 WI�REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
2 Council on Tuesday, March 21, Z000 to hear testunony and evidence, and after receiving testimony and
3 evidence, made the recommendation to approve the request to order the interested or responsible parties
4 to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and
5 remove its blighting influence on the community by rehabilitating this shucture in accordance with all
6 applicable codes and ordinances, or in the altemative by demolishing and removing the structure in
7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to
8 be comgieted within fifteen (15) days after the date of the Council Hearing; and
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WIIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, Apri15, 2000
and the testnnony and evidence including the action taken by the Legislafive Hearing Officer was
considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order
conceming the Subject Properiy at 923 Agate Street:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2.
3.
4.
5.
6.
That the costs of demolition 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 lmown responsible
parties to correct the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been conected.
That Division of Code Enforcement has posted a placard on the Subject Property 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 Enforcement, Vacant/Nuisance Buildings.
8. That the known interested parties and owners are as previously stated in this resolution
and that the notification requirements of Chapter 45 have been fulfilled,
ORDER
The Saint Paul City Council hereby makes the following order:
The above xeferenced interested or xesponsible parties shail make the Subject Pxoperiy safe and
not detrunental to the public peace, health, safety and welfaze and remove its blighting influence
on the community by rehabilitating this structure and correcting all deficiencies as prescribed in
the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable
codes and ordinances, or in the alternative by demolishing and removing the structure in
accordance with ail applicable codes and ordinances. The rehabilitation or demolition and
removal of the shucture must be completed within fifteen (15) days after the date of the Council
Hearing.
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2 2. If the above corrective action is not completed within this period of time the Citizen Service
3 Office, Division of Code Enforcement is hereby authorized to take whatever steps aze necessary
4 to demolish and remove this siructure, fill the site and charge the costs incurred against the
5 Subject Property pursuant to the pzovisions of Chapter 45 of the Saint Paul Legislative Code.
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In ttie event the building is to be demolished and removed by the City of Saint Paul, all pexsonal
property or fixtures of any kind which interfere with the demolition and removal shall be
removed from the properiy by the responsible parties by the end of this time period. If all
personal property is not removed, it shali be considered to be abandoned and the City of Saint
Paul shall remove and dispose of such property as provided by law.
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 Departrnent of:
Citizen Service Office: Code Enforcement
Adopted by Council: Date �,
Adoption Certified by Council Secretary
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Approved by Mayor: Date � �
B C���� �.�"l'+
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By: �
Form Approved by City Attorney
Approved by Mayar for Submission to Council
sy:
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02��1�''�°
Michael R Morehead 266-8439
TOTAL # OF SIGNATURE
GREEN SHEET
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(CL1P ALL LOCATIONS FOR SiGNATURE�
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If
the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered
to remove the building. The subject property is located at 923 Agate Street.
«
PLANNING COMMISSION
CIB COMMITlEE
CIVIL SERVICE COMMISSION
Has tnis versorJFrm evu.wr�rea unaer a conasc� rarmie ae�rtmeM�
YES NO
Fies this P�rm e:ef been a City dnployee7
YES NO
Does this PersoNfiim D� a sidll�rwt nwmelryW�d M' �Y cunent cily emWoyeeT
VES NO
i: m�s nN�� a �a�aa �aorr
rES rio
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of
the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement
Officer were given an order to repair or remove the building at 923 Agate Street by February 4, 2000, and have
failed to comply with those orders.
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The City will eliminate a nuisance.
��.�y_�9tlx.lua.:
The City will spend funds to wreck and remove this building(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.
AMOUNTOFTRANSACTIONS $8,000 - $9.000
Nuisance Housing Abatement
INFORMATION (IXPWN)
COST/REVENUEBUDCETED(GRCLEONE) . IYEE�I NO
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A�rnmNw�e�e 33261
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CITIZEN SERVICE OFFICE
Fred Owruu, Ciry Clerk
O o -3 l(�
DIVLSCQAI QF PROPERTY CODE EiIFORCEbfENT
M+chael R Mo�ehead Proy Mana,¢er
CITY OF SAII�T PAUL Nuisanc¢ Building Cade Enforcemer+!
Narm Co[em¢n, Hfayor I S W. Ke�logg Blvd. Rm. 190
Saint P¢u1, lViN Si102
i
February 25, 2000
NOTICE OF PU&LIC I�EARINGS
Council President and
Membexs of the City Council
Tel: 6i1-266-8410
Fax: 651-266-&'!26
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Citizen Service Office, Vacant/Nuisance Buildin�s Enforcement Division has requested the City Council
schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance
building(s) located at:
923 Agate Street
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, March 21, 2000
City Council Hearing - Wednesday, Apri15, 20Q0
The owners and responsible parties of record are:
Name and Last Known Address
paniel E. Otto
923 A�ate Street
St. Paul, MN 55117-5558
Daniel E. Otto
1326� Isleton Avenue North
Hu�o, MN 55038
Attomey Lawrence C. Din�nann Jr.
Re: Citibank
3100 West Lake Street, Ste. 208
Mpls., MN 5�416
Attorney Allan J. Zlimen
Re: Norwest Bank MN, NA.
430 Oak Grove Street, Ste. 200
Mpls., MN 55403
Interest
Fee O�vner
Fee Owner
7udgment Creditor
� Judgment Creditor
;
923 Agate Street
February 25, 2000
Page 2
The legal description of this property is:
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The North 50 feet of Lots 1 and 2, Block 3, Edmund Rice's Third Addition to City of St.
Paul.
Division of Code Enforcement has declazed 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 knotivn
responsible parties to eliminate this nuisance condition by correctin� the deficiencies or by razin� and
removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated,
the community continues to suffer the blighting influence of this property. It is the recommendation of
the Division of Code Enforcement that the City Council pass a resolution ordering the responsible
parties to either repair, or demolish and remove this builc3in� in a timely manner, and failing that,
authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the
costs incurred a�ainst the real estate as a special assessment to be collected in the same manner as taxes.
Sincerely,
�teve �a�CV�eN
Steve Ma�er
Vacant Buildings Supervisor
Division of Code Enforcement
Citizen Service Office
SM:ml
cc: Frank Bera, Building Inspection and Desi�
Meghan Riley, City Attomeys Office
Nancy Anderson, Assistant Secretary to the Council
Paul Mordorski, PED-Housina Division
REPORT
Date: Mazch21,2000
Time: 10:00 a.m.
Place: Room 330 CiTy Hal]
15 West Keliogg Boulevard
LEGISLATIVE HEARING
Gerry Strathman
Legislative Hearing Officer
1. Appeai of Summary Abatement Order at 745 Butternut Avenue.
(Withdrawn)
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2. Summary Abatements:
File JOODEMO Demolition of vacant building during September, October,
December 1999
File JSUM00 Properiy Clean-Up during September through December 1999
File JBDUP00 Board-up of vacant buildings during August through
November 1949
File J9912V Towing abandoned vehicles during September and December
1997, June and August 1999
File JGRASS00 Grass cutting from mid August through mid October 1999
449 Banfil Street (J9912V)
Gerry Strathxnan recommended denying the appeal.
1015 Ed�erton Street (JSUM00)
Gerry Strathman recommended approval.
729 Edmund Avenue (JSUM00)
Gerry Strathman recommended approval.
743 Pierce Butler Route (JSUM00)
Gerry Strathman recommended approval.
759 Pierce Butler Route (JSLIM00)
Gerry Strathman recommended deleting the assessment.
1163 Ross Avenue (JSUM00)
Gerry Strathman recommended reducing the assessment to $100 plus the $45 service fee,
for a total assessment of $145.
1935 Saunders Avenue (JBDUP00)
Gerry Strathman recommended approval.
LEGISLATIVE HEARING REPORT OF 3-21-2000
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Page 2
774 Sherburne Avenue (7SUM00)
Gerry Strathman recommended reducing the labor charge by half, making it $210 for
labor, leaving the 3'/z yards for $63, two appiiances for $50, five tires for $25, plus the
$45 service fee, for a total assessment of $393.
276 Sidnev Street West (JSLTM00)
Gerry Strathman recommended approval of the assessment with payment being spread
over a 10 yeaz span.
1154 Central Avenue West (check)
Gerry Strathman recommended approval.
885 Clark Street (JSUM00)
Gerry Strathman recommended approval.
932 Concordia Avenue (JSUM00)
Gerry Strathman recommended approval.
711 Fuller Avenue (JSUM00)
Gerry Strathman recommended approval.
954 Fuller Avenue (JSUM00)
Gerry Strathman recommended approval.
47 Gazfield Avenue (JBDUP000)
Gerry Strathman recommended approval.
800 Iglehart Avenue (7SUM00)
Gerry Strathman recommended approval.
812 Lafond Avenue (JSUM00)
Gerry Strathman recommended approval.
240 Milford Street (JBDUP00)
Gerry S#rathman recommended approval.
864 Sims Avenue (JBDUP00)
Gerry Strathman recommended approval.
1336 Thomas Avenue (J9912V)
Gerry Strathman recommended approval.
579 Van Buren Avenue (JSLJM00)
Gerry Strathman recommended approvai.
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LEGISLATIVE HEARING REPORT OF 3-21-2000 Page 3
3. Resolution ordering the owner to remove or repair the building at 923 Agate Street.
If the owner fails to comply with the resolution, Code Enforcement is ordered to
remove the building.
Gerry Strathman recommended granting six months to complete rehabilitation on
condition that a$2,000 bond is posted by noon of April 5, 2000.
4. Resolution ordering the owner to remove or repair the building at 668 Fifth 5treet
East. If the owner fails to comply with the resolution, Code Enforcement is ordered
to remove the 6uilding.
Gerry Strathman recommended approval.
rrn
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MINUTES OF THE LEGISLATIVE HEARING
Tuesday, March 21, 2000
Room 330 Courthouse
Gerry Strathman, Legislative Hearing Officer
The meeting was called to order at 10:02 a.m.
STAFF PRESENT: Roseanna Flink, Real Estate; Steve Magner, Code Enforcement; Sally
Peterson, Code Enforcement
Appeal of Summary Abatement Order at 795 Buttemut Avenue.
(Withdrawn)
Summary Abatements:
File JOODEMO Demolition of vacant building during September, October, December
1999
File J5UM00 Property Cleau-Up during September through Decem6er 1999
File JBDUP00 Board-up of vacant buildings during August through November 1999
File J9912V Towing abandoned vehicles during September and December 1997,
June and August 1499
File JGRASS00 Grass cutting from mid August through mid October 1999
449 Banfil Street (J9912V)
(Someone appeazed at this meeting and said he will pass.)
Gerry Strathman recommended denying the appeal.
1015 Edeerton Street (JSIJM00)
Heu Lang Chu Yang Heu, owner, appeazed and stated the property was purchased on 11-3-99.
He repaired everything. He received a summary abatement notice. He does not know why the
riUe company is not responsible for tlus. This cleanup occurred before he purchased the properiy
and is not his responsibility. The property was purchased from HUD (Housing and Urban
Development).
Mr. Strathman stated he will not be able to help him with this. The previous owner was notified
of this assessment. The City did the cleanup on 11-1-99, about a month before Mr. Heu
purchased the property. Mr. Heu may have recourse against the seller for the amount of this
assessment. Mr. Strathman is not sure if the title company is required to find these assessments,
but the previous owner is required to certify that there aze no pending assessments.
Gerry Strathman recommended approval. He understands Mr. Aeu did not own the property at
the time of the assessment, but the obligation goes to the properry regazdless of who owns it.
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LEGISLATIVE HEARING MINUTES OF 3-21-00
729 Edmund Avenue (JSiTM00)
Page 2
Tim Spencer, owner, appeared and stated he did not receive notice about the refuse. He does not
remember getting anything between September and December on this. This might have
something to do with him moving last year because he had a water bill that was sent to the wrong
address.
(Note: there was some confusion here about wluch assessment was being discussed. There aze
two assessments for this properry; however, one will be before the Legislative Hearing Officer in
May. The assessment before the officer today deals with an abatement that occurred in
November for ttus property. After it was straightened out which assessment was being discussed,
the rest of the discussion dealt with this November assessment only.)
Ms. Peterson stated the assessment was mailed to 729 Edmund Avenue only. This was for
removing gazbage and rubbish in the rear yazd and there was also impounding of a vehicle. Mr.
Spencer responded he moved in July of last year. He called the City because someone dumped a
caz behind his garage. The amount of that cleanup is $282.
Was his address changed at Ramsey County Taxation, asked Mr. Strathman. Mr. Spencer
responded he does not believe so and did not know he had to do that.
Mr. Strathman stated it looks like the notice was sent to 729 Edmund, the owner moved, and the
tenant probably threw it away. Mr. Spencer responded the tenants throw away anything with his
name on it.
Gerry Strathman recommended approval. Code Enforcement is required to notify the owner on
record at the recorded address at Ramsey County Tasation. T'he legal requirements of the
notification were fulfilled.
743 Pierce Butlez Route (JSIJM00)
Barb and Keefe Kunz, owners, appeared to appeal their $621 assessment. Mrs. Kunz stated she
was having the inside of the properiy totally redone and gutted. She ordered a dumpster on
9-2-99, but it was on back order. She le8 the property on 9-1-99 while it was being remodeled.
They did not get mail delivered for about ten days because their mailman did not think they were
living there. They did put in a change of address. They received a notice from the City to clean
up the properry, but not a notice about the City cleaning it up. They did eventually get a
dumpster, an inspector came back out, talked to one of the men working at the house, and told
him they were complying.
Sally Peterson reported the orders were mailed on 9-16-99, they were suppose to comply by
9-22-99, and the work was done on 9-23-99. A tag was also issued because ffie violation was
severe.
Gerry Strathman stated he would like to view the videotape.
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LEGISLATIVE HEARING NIINUTES OF 3-21-00
(A videotape was shown.)
Page 3
Mrs. Kunz stated the refuse was placed in the back until the dumpster came. Under City
ordinance, responded Mr. Strathman, refuse cannot be left out in the open. It was an enormous
pile of refuse.
Mr. Strathman asked was there a record of notice being sent to the address. Ms. Peterson
responded in the affirmative.
Gerry Strathman recommended approval. A notice was sent to the address. Sis to seven days
were given to clean up the properry. The owners should not have allowed the workers to leave
refuse out in the open. The owners are responsible for managing the property and making sure
things aze done in compliance with the code. The charge seems appropriate given the amount of
work that was done.
�59 Pierce Butler Route (JSUM00)
Wally Nelson, representing Mornow Partners, appeared and stated there are a couple of things
wrong with the bill. There is an empty lot neact to 759 Pierce Butler, the brush was on that lot,
and they do not own the lot. He never received notification that something was wrong. The
notice was sent to the house; however, Mr. Nelson was registered at a post office box at Vacant
Buildings. Vacant Buildings should have been handling the case. He thought the garbage hauler
took the brush pile.
Gerry Strathman stated he would like to view the videotape.
(A videotape was shown.)
Gerry Strathman recommended deleting the assessment. It appeazs the brush is not on Mr.
Nelson's property; therefore, he cannot be assessed for it.
1163 Ross Avenue (JSLTM00)
Aazon Brancamp, owner, appeazed and stated he was ordered to clean up the properry. They
were in the process of renovating the house. There was debris in the back. A mattress was there
that was dumped by someone else. Mr. Brancamp was unable to get rid of the mamess; he
moved it on the back deck so it was not visible. There was a tree stump in the back also. There
was a pile of lumber in the back yazd salvaged from a gazage in case it was needed for further
renovation. The lumber was piled neatly next to the deck. The debris was in two trash barrels.
The City took everyflung away except for the log.
Gerry Strathman stated he would like to view the videotape.
(A videotape was shown.)
LEGISLATIVE HEARING MINUTES OF 3-21-00
Mr. Brancamp stated he was not awaze of the tires because they were not on the list. Mr.
Strathman looked on the list and concurred with Mr. Brancamp.
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Page 4
Gerry Strathman recommended reducing the assessment to $100 plus the $45 service fee, for a
total assessment of $145. It is clear some of the items were not properly stored and piling wood
alongside the porch is not good enough. However, there was an effort on the owners part to
respond to the orders: the trash was mostly in the barrels, and the mattress was moved.
1935 Saunders Avenue (JBDUP00)
Joshua Kerr, representing Hendrie Grant, appeazed and stated the property was purchased on
January 19. They did not own the properly when the work was completed.
Gerry Strathman recommended approval. He does not doubt there was an assessment pending
when the properry was purchased; however, the assessment does go to the properiy.
774 Sherburne Avenue (7SiJM00)
Art Hazder, owner, appeared and stated he received a notice. About the same time, he received
information about the Thomas Dale Block Club cleanup. He met with his tenant and told her
how the procedure worked and where to put the items. The tenant insists the items were
removed by the block club. Subsequently, she said she put a mamess out, and the City took it.
Gerry Strathman stated he would like to view the videotape.
(A videotape was shown.)
Mr. Harder stated the charge is excessive. Mr. Strathman concurred and asked why it is
unusually high. Ms. Peterson responded there was two hours of labor for $420. Mr. Hazder
responded they were not there for two hours.
Gerry Strathman recommended reducing the labor charge by half, making it $210 for labor,
leaving the 3'/� yazds for $63, two appliances for $50, five tires for $25, plus the $45
administrative fee, for a total assessment of $393. Mr. Strathman stated that two hours labor
seems like a long time to do this cleanup.
276 Sidnev Street West (JSiTM00)
Kathryn Johnson and her granddaughter Kim Grabowski appeared. The housing inspector came
around the early part of September, and showed her older son what needed to be done. The
youngest son trimmed and hauled a trailer load of stuff to the dump. Ms. Grabowski came over
everyday, cut down everything, trimmed the hedges, redid the front retaining wall. In November,
Brian Burch came to her house and brought a crew of four to five men and took away anything
that could possibly be construed as rubbish. He rented a dumpster. Ms. Johnson does not
understand how this could have gone on from September through December. Mr. Strathman
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LEGISLAT'IVE HEARING MINLJTES OF 3-21-2000
Page 5
responded this particulaz assessment is for August, and the work was done on September 8. Ms.
Grabowsid responded she was there and asked what was it for.
Mr. Strathman stated he would like to view the videotape.
(A videotape was shown.)
Ms. Johnson stated within two days, they cleaned up the whole thing, and Ms. Grabowski was
there everyday the whole day through.
Mr. Strathman asked about the gazbage bags, tires, and refuse on the video. Ms. Johnson
responded her son hauled a trailer out to the dump, and Mr. Burch cut down every sampling and
every bit of brush.
Mr. Strathman asked about the tires. Ms. Grabowski responded it was never written up on the
slip. Mr. Strathman stated his paperwork reads "gazbage bags, scrap wood, appliances, debris,
and tires." Ms. 3ohnson responded the tires and debris were taken in the trailer. Mr. Strathman
stated they were s[ill there when the videotape was made on the 28"'. Ms. Johnson stated after
that she got a dumpster. There was a notice abouY the front yazd and her granddaughter did
everything plus the trinuning.
Mr. Strathman asked for the orders to be read. Ms. Peterson responded it reads front yard, back
yazd, boulevard, and alley. Ms. Grabowski stated there was no written statement that said the
back yazd needed to be done. If she had seen it written down, she would have done it. They have
been having a problem with this inspector. Mr. Strathman responded there is a copy of the notice
if she would like to look at it. It appeazs the notice was given, and there was opportunity to clean
up the properry.
Ms. Johnson stated she is permanently disabled and would like to arrange for deferred payments.
Ms. Flink responded stated she would help arrange for it, but it will haue to be approved by
Council.
Gerry Strathman recommended approval of the assessment with payment being spread over a 10
yeaz span. Proper notice was given. There was an opportunity to clean up the properry. The
assessment is appropriate.
1154 Central Avenue West (JGRASS00), 885 Clazk Street (JSLTM00), 932 Concordia Avenue
(JSUM00), 711 Fuller Avenue (JSIJM00), 954 Fuller Avenue (JSIJM00), 97 C'iarfield Avenue
(JBDUPOOQ), 800 Iglehart Avenue (JSIJM00), 812 Lafond Avenue (JSLTM00), 240 Milford
Street (JBDUP00), 864 Sims Avenue (JBDUP00), 1336 Thomas Avenue (J9912V), 579 Van
Buren Avenue (JSIJM00)
No one appeazed on the above properiy assessments.
Gerry Strathman recommended approval of all the above.
LEGISLATIVE HEARING MIAIUTES OF 3-21-2000
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Page 6
Resolution ordering the owner to remove or repair the building at 923 Agate Street If the
owner fails to comply with the resolurion, Code Enforcement is ordered to remove the
building.
Daniel Otto, owner, appeared.
Steve Magner reported tlus property was condemned December 1998 and has been vacant since
7-20-99. TYuee summary abatement notices have been issued to remove refuse and secure the
building. An inspection of the building was conducted on 12-1-99, and a list of deficiencies that
constitute a nuisance condition was developed and photographs were taken. The CiTy has
boazded the building. Vacant building fees and real estate taxes aze paid. Tasation has placed a
mazket value of $40,600 on this property. On 3-20-2000, a code compliance inspecrion was
applied for. A bond has not been posted. The estimated cost to repair is $50,000; estimated cost
to demolish, $8,000 to $9,000.
Mr. Otto stated his plans aze to remodel. He was told he could get a bond from his insurance
agent, but his insurance agent did not know what he was talking about.
Gerry Strathman recoxnmended granting sis months to complete rehabilitation on condition that a
$2,000 bond is posted by noon of Apri15, 2000. Mr. Magner explained that a bond can be
purchased at a bonding agency.
Resolution ordering the owner to remove or repair the building at 668 Fifth Street East. If
the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
(No one appeazed representing the property.)
Steve Magner reported the building was condemned December 1999 and it has been vacant since
12-28-98. This property was the scene of a criminal incident where an individual refused to be
removed. The police used teaz gas; therefore, the second floor is uninhabitable. The current
owner is Kevin Patrick Malone. Seven abatement notices have been issued to secure the
dwelling, remove refuse, cut tall grass, and unlawful pazking. On 12-21-99, an inspection of the
building was conducted and a list of deficiencies which constitutes a nuisance condition was
developed and photographs were taken. Code Enforcement was called by the police deparhnent
yesterday because the building was broken into again. A contractor secured it this morning.
Vacant building fees are due. Real estate tases aze unpaid in the amount of $1,059.77. Taxation
has placed a mazket value on ttris property at $58,300, but they may not have been in the properry
recently. A bond nor code compliance inspection have been applied for. The estimated value of
the property is $35,000; the estimated cost to demolish, $8,000 to $9,000.
Mr. Strathman asked was there communication with Mr. Malone. Mr. Magner responded he had
a number of visits with him because he was illegally occupying this properry and crixninal
citations were issued to remove him. Code Enforcement encouraged Mr. Malone and his sister
oa -�1�
LEGISLATTVE HEARING MINUT'ES OF 3-21-2000
Page 7
to go through selecrive clearance on this property; they pursued it somewhat, but did not follow
through. Mr. Malone's location is unknown.
Gerry Strathman recommended approval given the fact that the owner is not here and lacking
evidence that he is willing to come forward and do what is necessary to rehabilitate this building.
The meeting was adjourned at 11:04 am.
itn
QR1G11�A�
Council File # OO - 31 �
Green Sheet # � �ZZ�
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
30
Committee: Date
1 WHEREAS, 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 rivo-story, wood frame dwelling with a detached, one-stall, wood frame
4 garage located on property hereina8er referred to as the "Subject Property" and commonly known as
5 923 Agate Street. This property is legally described as follows, to wit:
6
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10
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14
15
16
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19
20
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25
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The North 50 feet of Lots 1 and 2, Block 3, Edmund Rice's Third Addition to City of St. Paul.
WHEREAS, based upon the recards in the Ramsey County Recorder's Office and information
obtained by Division of Code Enforcement on or before November 10, 1999, the following are the now
known interested or responsible parties for the Subject Property: Daniel E. Otto, 923 Agate Street,
St. Paul, MN 55117-555&; Daniel E. Ottq 13264 Tsleton Avenue North, Hugo, MN 55038; Attorney
Lawrence C. Dingmann Jr, Re: Citibank, 3100 West Lake Street, Ste. 208, Mpls., MN 55416;
Attomey Allan J. Zlimen, Re: Norwest Bank MN, NA., 430 Oak Grove Street, Ste. 200, Mpls., MN
55403
WI�REAS, Division of Code Enforcement has seived in accordance with the provisions of
Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance
Building(s)" dated Januasy 5, 20Q0; and
WFIEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s} pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by Febn�ary 4, 2000; and
WIIEREAS, the enforcement officer has posted a placazd on the Subject Property declaring this
building(s) to constitute a nuisance condition; subject to demolition; and
WIIEREAS, this nuisance condition has not been corrected and Division of Code Enforcement
requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City
CouncIl and the Saint Paul City CouncIl; and
WIIEREAS, the interested and responsible parties have been served notice in accordance with
the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of
the public heaxings; and
00 -3 ii�
1 WI�REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
2 Council on Tuesday, March 21, Z000 to hear testunony and evidence, and after receiving testimony and
3 evidence, made the recommendation to approve the request to order the interested or responsible parties
4 to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and
5 remove its blighting influence on the community by rehabilitating this shucture in accordance with all
6 applicable codes and ordinances, or in the altemative by demolishing and removing the structure in
7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to
8 be comgieted within fifteen (15) days after the date of the Council Hearing; and
10
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WIIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, Apri15, 2000
and the testnnony and evidence including the action taken by the Legislafive Hearing Officer was
considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order
conceming the Subject Properiy at 923 Agate Street:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2.
3.
4.
5.
6.
That the costs of demolition 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 lmown responsible
parties to correct the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been conected.
That Division of Code Enforcement has posted a placard on the Subject Property 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 Enforcement, Vacant/Nuisance Buildings.
8. That the known interested parties and owners are as previously stated in this resolution
and that the notification requirements of Chapter 45 have been fulfilled,
ORDER
The Saint Paul City Council hereby makes the following order:
The above xeferenced interested or xesponsible parties shail make the Subject Pxoperiy safe and
not detrunental to the public peace, health, safety and welfaze and remove its blighting influence
on the community by rehabilitating this structure and correcting all deficiencies as prescribed in
the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable
codes and ordinances, or in the alternative by demolishing and removing the structure in
accordance with ail applicable codes and ordinances. The rehabilitation or demolition and
removal of the shucture must be completed within fifteen (15) days after the date of the Council
Hearing.
Oo -3 ��
2 2. If the above corrective action is not completed within this period of time the Citizen Service
3 Office, Division of Code Enforcement is hereby authorized to take whatever steps aze necessary
4 to demolish and remove this siructure, fill the site and charge the costs incurred against the
5 Subject Property pursuant to the pzovisions of Chapter 45 of the Saint Paul Legislative Code.
7 3.
9
10
11
12
13
In ttie event the building is to be demolished and removed by the City of Saint Paul, all pexsonal
property or fixtures of any kind which interfere with the demolition and removal shall be
removed from the properiy by the responsible parties by the end of this time period. If all
personal property is not removed, it shali be considered to be abandoned and the City of Saint
Paul shall remove and dispose of such property as provided by law.
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 Departrnent of:
Citizen Service Office: Code Enforcement
Adopted by Council: Date �,
Adoption Certified by Council Secretary
�
Approved by Mayor: Date � �
B C���� �.�"l'+
�
By: �
Form Approved by City Attorney
Approved by Mayar for Submission to Council
sy:
a o -3 �c�
02��1�''�°
Michael R Morehead 266-8439
TOTAL # OF SIGNATURE
GREEN SHEET
�-,�
No i 022�2
�
m.�.�.
� OIYATTOAEY ❑ L1IYCtF1tK
❑ RIIIIIGLfFRNCFJOR ❑ AlIf11I'JIfLiFRVll4CCl6
� wvoR fae,uasounl �� .
��
(CL1P ALL LOCATIONS FOR SiGNATURE�
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If
the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered
to remove the building. The subject property is located at 923 Agate Street.
«
PLANNING COMMISSION
CIB COMMITlEE
CIVIL SERVICE COMMISSION
Has tnis versorJFrm evu.wr�rea unaer a conasc� rarmie ae�rtmeM�
YES NO
Fies this P�rm e:ef been a City dnployee7
YES NO
Does this PersoNfiim D� a sidll�rwt nwmelryW�d M' �Y cunent cily emWoyeeT
VES NO
i: m�s nN�� a �a�aa �aorr
rES rio
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of
the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement
Officer were given an order to repair or remove the building at 923 Agate Street by February 4, 2000, and have
failed to comply with those orders.
---• _�
The City will eliminate a nuisance.
��.�y_�9tlx.lua.:
The City will spend funds to wreck and remove this building(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.
AMOUNTOFTRANSACTIONS $8,000 - $9.000
Nuisance Housing Abatement
INFORMATION (IXPWN)
COST/REVENUEBUDCETED(GRCLEONE) . IYEE�I NO
��/
A�rnmNw�e�e 33261
_ �tr�; �£�!?fu�f
� } � A � { �
<.=:s .�
CITIZEN SERVICE OFFICE
Fred Owruu, Ciry Clerk
O o -3 l(�
DIVLSCQAI QF PROPERTY CODE EiIFORCEbfENT
M+chael R Mo�ehead Proy Mana,¢er
CITY OF SAII�T PAUL Nuisanc¢ Building Cade Enforcemer+!
Narm Co[em¢n, Hfayor I S W. Ke�logg Blvd. Rm. 190
Saint P¢u1, lViN Si102
i
February 25, 2000
NOTICE OF PU&LIC I�EARINGS
Council President and
Membexs of the City Council
Tel: 6i1-266-8410
Fax: 651-266-&'!26
�nav.-.<Y: t �v�!'..��
,.�,� ��„a�
�"€:�� � �3 �Q��
Citizen Service Office, Vacant/Nuisance Buildin�s Enforcement Division has requested the City Council
schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance
building(s) located at:
923 Agate Street
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, March 21, 2000
City Council Hearing - Wednesday, Apri15, 20Q0
The owners and responsible parties of record are:
Name and Last Known Address
paniel E. Otto
923 A�ate Street
St. Paul, MN 55117-5558
Daniel E. Otto
1326� Isleton Avenue North
Hu�o, MN 55038
Attomey Lawrence C. Din�nann Jr.
Re: Citibank
3100 West Lake Street, Ste. 208
Mpls., MN 5�416
Attorney Allan J. Zlimen
Re: Norwest Bank MN, NA.
430 Oak Grove Street, Ste. 200
Mpls., MN 55403
Interest
Fee O�vner
Fee Owner
7udgment Creditor
� Judgment Creditor
;
923 Agate Street
February 25, 2000
Page 2
The legal description of this property is:
0 0 -3 ��
The North 50 feet of Lots 1 and 2, Block 3, Edmund Rice's Third Addition to City of St.
Paul.
Division of Code Enforcement has declazed 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 knotivn
responsible parties to eliminate this nuisance condition by correctin� the deficiencies or by razin� and
removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated,
the community continues to suffer the blighting influence of this property. It is the recommendation of
the Division of Code Enforcement that the City Council pass a resolution ordering the responsible
parties to either repair, or demolish and remove this builc3in� in a timely manner, and failing that,
authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the
costs incurred a�ainst the real estate as a special assessment to be collected in the same manner as taxes.
Sincerely,
�teve �a�CV�eN
Steve Ma�er
Vacant Buildings Supervisor
Division of Code Enforcement
Citizen Service Office
SM:ml
cc: Frank Bera, Building Inspection and Desi�
Meghan Riley, City Attomeys Office
Nancy Anderson, Assistant Secretary to the Council
Paul Mordorski, PED-Housina Division
REPORT
Date: Mazch21,2000
Time: 10:00 a.m.
Place: Room 330 CiTy Hal]
15 West Keliogg Boulevard
LEGISLATIVE HEARING
Gerry Strathman
Legislative Hearing Officer
1. Appeai of Summary Abatement Order at 745 Butternut Avenue.
(Withdrawn)
�O —3(�
2. Summary Abatements:
File JOODEMO Demolition of vacant building during September, October,
December 1999
File JSUM00 Properiy Clean-Up during September through December 1999
File JBDUP00 Board-up of vacant buildings during August through
November 1949
File J9912V Towing abandoned vehicles during September and December
1997, June and August 1999
File JGRASS00 Grass cutting from mid August through mid October 1999
449 Banfil Street (J9912V)
Gerry Strathxnan recommended denying the appeal.
1015 Ed�erton Street (JSUM00)
Gerry Strathman recommended approval.
729 Edmund Avenue (JSUM00)
Gerry Strathman recommended approval.
743 Pierce Butler Route (JSUM00)
Gerry Strathman recommended approval.
759 Pierce Butler Route (JSLIM00)
Gerry Strathman recommended deleting the assessment.
1163 Ross Avenue (JSUM00)
Gerry Strathman recommended reducing the assessment to $100 plus the $45 service fee,
for a total assessment of $145.
1935 Saunders Avenue (JBDUP00)
Gerry Strathman recommended approval.
LEGISLATIVE HEARING REPORT OF 3-21-2000
b o —3 i �
Page 2
774 Sherburne Avenue (7SUM00)
Gerry Strathman recommended reducing the labor charge by half, making it $210 for
labor, leaving the 3'/z yards for $63, two appiiances for $50, five tires for $25, plus the
$45 service fee, for a total assessment of $393.
276 Sidnev Street West (JSLTM00)
Gerry Strathman recommended approval of the assessment with payment being spread
over a 10 yeaz span.
1154 Central Avenue West (check)
Gerry Strathman recommended approval.
885 Clark Street (JSUM00)
Gerry Strathman recommended approval.
932 Concordia Avenue (JSUM00)
Gerry Strathman recommended approval.
711 Fuller Avenue (JSUM00)
Gerry Strathman recommended approval.
954 Fuller Avenue (JSUM00)
Gerry Strathman recommended approval.
47 Gazfield Avenue (JBDUP000)
Gerry Strathman recommended approval.
800 Iglehart Avenue (7SUM00)
Gerry Strathman recommended approval.
812 Lafond Avenue (JSUM00)
Gerry Strathman recommended approval.
240 Milford Street (JBDUP00)
Gerry S#rathman recommended approval.
864 Sims Avenue (JBDUP00)
Gerry Strathman recommended approval.
1336 Thomas Avenue (J9912V)
Gerry Strathman recommended approval.
579 Van Buren Avenue (JSLJM00)
Gerry Strathman recommended approvai.
00-3�
LEGISLATIVE HEARING REPORT OF 3-21-2000 Page 3
3. Resolution ordering the owner to remove or repair the building at 923 Agate Street.
If the owner fails to comply with the resolution, Code Enforcement is ordered to
remove the building.
Gerry Strathman recommended granting six months to complete rehabilitation on
condition that a$2,000 bond is posted by noon of April 5, 2000.
4. Resolution ordering the owner to remove or repair the building at 668 Fifth 5treet
East. If the owner fails to comply with the resolution, Code Enforcement is ordered
to remove the 6uilding.
Gerry Strathman recommended approval.
rrn
b0-3t�
MINUTES OF THE LEGISLATIVE HEARING
Tuesday, March 21, 2000
Room 330 Courthouse
Gerry Strathman, Legislative Hearing Officer
The meeting was called to order at 10:02 a.m.
STAFF PRESENT: Roseanna Flink, Real Estate; Steve Magner, Code Enforcement; Sally
Peterson, Code Enforcement
Appeal of Summary Abatement Order at 795 Buttemut Avenue.
(Withdrawn)
Summary Abatements:
File JOODEMO Demolition of vacant building during September, October, December
1999
File J5UM00 Property Cleau-Up during September through Decem6er 1999
File JBDUP00 Board-up of vacant buildings during August through November 1999
File J9912V Towing abandoned vehicles during September and December 1997,
June and August 1499
File JGRASS00 Grass cutting from mid August through mid October 1999
449 Banfil Street (J9912V)
(Someone appeazed at this meeting and said he will pass.)
Gerry Strathman recommended denying the appeal.
1015 Edeerton Street (JSIJM00)
Heu Lang Chu Yang Heu, owner, appeazed and stated the property was purchased on 11-3-99.
He repaired everything. He received a summary abatement notice. He does not know why the
riUe company is not responsible for tlus. This cleanup occurred before he purchased the properiy
and is not his responsibility. The property was purchased from HUD (Housing and Urban
Development).
Mr. Strathman stated he will not be able to help him with this. The previous owner was notified
of this assessment. The City did the cleanup on 11-1-99, about a month before Mr. Heu
purchased the property. Mr. Heu may have recourse against the seller for the amount of this
assessment. Mr. Strathman is not sure if the title company is required to find these assessments,
but the previous owner is required to certify that there aze no pending assessments.
Gerry Strathman recommended approval. He understands Mr. Aeu did not own the property at
the time of the assessment, but the obligation goes to the properry regazdless of who owns it.
00 -� \�
LEGISLATIVE HEARING MINUTES OF 3-21-00
729 Edmund Avenue (JSiTM00)
Page 2
Tim Spencer, owner, appeared and stated he did not receive notice about the refuse. He does not
remember getting anything between September and December on this. This might have
something to do with him moving last year because he had a water bill that was sent to the wrong
address.
(Note: there was some confusion here about wluch assessment was being discussed. There aze
two assessments for this properry; however, one will be before the Legislative Hearing Officer in
May. The assessment before the officer today deals with an abatement that occurred in
November for ttus property. After it was straightened out which assessment was being discussed,
the rest of the discussion dealt with this November assessment only.)
Ms. Peterson stated the assessment was mailed to 729 Edmund Avenue only. This was for
removing gazbage and rubbish in the rear yazd and there was also impounding of a vehicle. Mr.
Spencer responded he moved in July of last year. He called the City because someone dumped a
caz behind his garage. The amount of that cleanup is $282.
Was his address changed at Ramsey County Taxation, asked Mr. Strathman. Mr. Spencer
responded he does not believe so and did not know he had to do that.
Mr. Strathman stated it looks like the notice was sent to 729 Edmund, the owner moved, and the
tenant probably threw it away. Mr. Spencer responded the tenants throw away anything with his
name on it.
Gerry Strathman recommended approval. Code Enforcement is required to notify the owner on
record at the recorded address at Ramsey County Tasation. T'he legal requirements of the
notification were fulfilled.
743 Pierce Butlez Route (JSIJM00)
Barb and Keefe Kunz, owners, appeared to appeal their $621 assessment. Mrs. Kunz stated she
was having the inside of the properiy totally redone and gutted. She ordered a dumpster on
9-2-99, but it was on back order. She le8 the property on 9-1-99 while it was being remodeled.
They did not get mail delivered for about ten days because their mailman did not think they were
living there. They did put in a change of address. They received a notice from the City to clean
up the properry, but not a notice about the City cleaning it up. They did eventually get a
dumpster, an inspector came back out, talked to one of the men working at the house, and told
him they were complying.
Sally Peterson reported the orders were mailed on 9-16-99, they were suppose to comply by
9-22-99, and the work was done on 9-23-99. A tag was also issued because ffie violation was
severe.
Gerry Strathman stated he would like to view the videotape.
00 -3 ,4�
LEGISLATIVE HEARING NIINUTES OF 3-21-00
(A videotape was shown.)
Page 3
Mrs. Kunz stated the refuse was placed in the back until the dumpster came. Under City
ordinance, responded Mr. Strathman, refuse cannot be left out in the open. It was an enormous
pile of refuse.
Mr. Strathman asked was there a record of notice being sent to the address. Ms. Peterson
responded in the affirmative.
Gerry Strathman recommended approval. A notice was sent to the address. Sis to seven days
were given to clean up the properry. The owners should not have allowed the workers to leave
refuse out in the open. The owners are responsible for managing the property and making sure
things aze done in compliance with the code. The charge seems appropriate given the amount of
work that was done.
�59 Pierce Butler Route (JSUM00)
Wally Nelson, representing Mornow Partners, appeared and stated there are a couple of things
wrong with the bill. There is an empty lot neact to 759 Pierce Butler, the brush was on that lot,
and they do not own the lot. He never received notification that something was wrong. The
notice was sent to the house; however, Mr. Nelson was registered at a post office box at Vacant
Buildings. Vacant Buildings should have been handling the case. He thought the garbage hauler
took the brush pile.
Gerry Strathman stated he would like to view the videotape.
(A videotape was shown.)
Gerry Strathman recommended deleting the assessment. It appeazs the brush is not on Mr.
Nelson's property; therefore, he cannot be assessed for it.
1163 Ross Avenue (JSLTM00)
Aazon Brancamp, owner, appeazed and stated he was ordered to clean up the properry. They
were in the process of renovating the house. There was debris in the back. A mattress was there
that was dumped by someone else. Mr. Brancamp was unable to get rid of the mamess; he
moved it on the back deck so it was not visible. There was a tree stump in the back also. There
was a pile of lumber in the back yazd salvaged from a gazage in case it was needed for further
renovation. The lumber was piled neatly next to the deck. The debris was in two trash barrels.
The City took everyflung away except for the log.
Gerry Strathman stated he would like to view the videotape.
(A videotape was shown.)
LEGISLATIVE HEARING MINUTES OF 3-21-00
Mr. Brancamp stated he was not awaze of the tires because they were not on the list. Mr.
Strathman looked on the list and concurred with Mr. Brancamp.
� o — 3 l4�
Page 4
Gerry Strathman recommended reducing the assessment to $100 plus the $45 service fee, for a
total assessment of $145. It is clear some of the items were not properly stored and piling wood
alongside the porch is not good enough. However, there was an effort on the owners part to
respond to the orders: the trash was mostly in the barrels, and the mattress was moved.
1935 Saunders Avenue (JBDUP00)
Joshua Kerr, representing Hendrie Grant, appeazed and stated the property was purchased on
January 19. They did not own the properly when the work was completed.
Gerry Strathman recommended approval. He does not doubt there was an assessment pending
when the properry was purchased; however, the assessment does go to the properiy.
774 Sherburne Avenue (7SiJM00)
Art Hazder, owner, appeared and stated he received a notice. About the same time, he received
information about the Thomas Dale Block Club cleanup. He met with his tenant and told her
how the procedure worked and where to put the items. The tenant insists the items were
removed by the block club. Subsequently, she said she put a mamess out, and the City took it.
Gerry Strathman stated he would like to view the videotape.
(A videotape was shown.)
Mr. Harder stated the charge is excessive. Mr. Strathman concurred and asked why it is
unusually high. Ms. Peterson responded there was two hours of labor for $420. Mr. Hazder
responded they were not there for two hours.
Gerry Strathman recommended reducing the labor charge by half, making it $210 for labor,
leaving the 3'/� yazds for $63, two appliances for $50, five tires for $25, plus the $45
administrative fee, for a total assessment of $393. Mr. Strathman stated that two hours labor
seems like a long time to do this cleanup.
276 Sidnev Street West (JSiTM00)
Kathryn Johnson and her granddaughter Kim Grabowski appeared. The housing inspector came
around the early part of September, and showed her older son what needed to be done. The
youngest son trimmed and hauled a trailer load of stuff to the dump. Ms. Grabowski came over
everyday, cut down everything, trimmed the hedges, redid the front retaining wall. In November,
Brian Burch came to her house and brought a crew of four to five men and took away anything
that could possibly be construed as rubbish. He rented a dumpster. Ms. Johnson does not
understand how this could have gone on from September through December. Mr. Strathman
Do -3t�
LEGISLAT'IVE HEARING MINLJTES OF 3-21-2000
Page 5
responded this particulaz assessment is for August, and the work was done on September 8. Ms.
Grabowsid responded she was there and asked what was it for.
Mr. Strathman stated he would like to view the videotape.
(A videotape was shown.)
Ms. Johnson stated within two days, they cleaned up the whole thing, and Ms. Grabowski was
there everyday the whole day through.
Mr. Strathman asked about the gazbage bags, tires, and refuse on the video. Ms. Johnson
responded her son hauled a trailer out to the dump, and Mr. Burch cut down every sampling and
every bit of brush.
Mr. Strathman asked about the tires. Ms. Grabowski responded it was never written up on the
slip. Mr. Strathman stated his paperwork reads "gazbage bags, scrap wood, appliances, debris,
and tires." Ms. 3ohnson responded the tires and debris were taken in the trailer. Mr. Strathman
stated they were s[ill there when the videotape was made on the 28"'. Ms. Johnson stated after
that she got a dumpster. There was a notice abouY the front yazd and her granddaughter did
everything plus the trinuning.
Mr. Strathman asked for the orders to be read. Ms. Peterson responded it reads front yard, back
yazd, boulevard, and alley. Ms. Grabowski stated there was no written statement that said the
back yazd needed to be done. If she had seen it written down, she would have done it. They have
been having a problem with this inspector. Mr. Strathman responded there is a copy of the notice
if she would like to look at it. It appeazs the notice was given, and there was opportunity to clean
up the properry.
Ms. Johnson stated she is permanently disabled and would like to arrange for deferred payments.
Ms. Flink responded stated she would help arrange for it, but it will haue to be approved by
Council.
Gerry Strathman recommended approval of the assessment with payment being spread over a 10
yeaz span. Proper notice was given. There was an opportunity to clean up the properry. The
assessment is appropriate.
1154 Central Avenue West (JGRASS00), 885 Clazk Street (JSLTM00), 932 Concordia Avenue
(JSUM00), 711 Fuller Avenue (JSIJM00), 954 Fuller Avenue (JSIJM00), 97 C'iarfield Avenue
(JBDUPOOQ), 800 Iglehart Avenue (JSIJM00), 812 Lafond Avenue (JSLTM00), 240 Milford
Street (JBDUP00), 864 Sims Avenue (JBDUP00), 1336 Thomas Avenue (J9912V), 579 Van
Buren Avenue (JSIJM00)
No one appeazed on the above properiy assessments.
Gerry Strathman recommended approval of all the above.
LEGISLATIVE HEARING MIAIUTES OF 3-21-2000
pb - �L�
Page 6
Resolution ordering the owner to remove or repair the building at 923 Agate Street If the
owner fails to comply with the resolurion, Code Enforcement is ordered to remove the
building.
Daniel Otto, owner, appeared.
Steve Magner reported tlus property was condemned December 1998 and has been vacant since
7-20-99. TYuee summary abatement notices have been issued to remove refuse and secure the
building. An inspection of the building was conducted on 12-1-99, and a list of deficiencies that
constitute a nuisance condition was developed and photographs were taken. The CiTy has
boazded the building. Vacant building fees and real estate taxes aze paid. Tasation has placed a
mazket value of $40,600 on this property. On 3-20-2000, a code compliance inspecrion was
applied for. A bond has not been posted. The estimated cost to repair is $50,000; estimated cost
to demolish, $8,000 to $9,000.
Mr. Otto stated his plans aze to remodel. He was told he could get a bond from his insurance
agent, but his insurance agent did not know what he was talking about.
Gerry Strathman recoxnmended granting sis months to complete rehabilitation on condition that a
$2,000 bond is posted by noon of Apri15, 2000. Mr. Magner explained that a bond can be
purchased at a bonding agency.
Resolution ordering the owner to remove or repair the building at 668 Fifth Street East. If
the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
(No one appeazed representing the property.)
Steve Magner reported the building was condemned December 1999 and it has been vacant since
12-28-98. This property was the scene of a criminal incident where an individual refused to be
removed. The police used teaz gas; therefore, the second floor is uninhabitable. The current
owner is Kevin Patrick Malone. Seven abatement notices have been issued to secure the
dwelling, remove refuse, cut tall grass, and unlawful pazking. On 12-21-99, an inspection of the
building was conducted and a list of deficiencies which constitutes a nuisance condition was
developed and photographs were taken. Code Enforcement was called by the police deparhnent
yesterday because the building was broken into again. A contractor secured it this morning.
Vacant building fees are due. Real estate tases aze unpaid in the amount of $1,059.77. Taxation
has placed a mazket value on ttris property at $58,300, but they may not have been in the properry
recently. A bond nor code compliance inspection have been applied for. The estimated value of
the property is $35,000; the estimated cost to demolish, $8,000 to $9,000.
Mr. Strathman asked was there communication with Mr. Malone. Mr. Magner responded he had
a number of visits with him because he was illegally occupying this properry and crixninal
citations were issued to remove him. Code Enforcement encouraged Mr. Malone and his sister
oa -�1�
LEGISLATTVE HEARING MINUT'ES OF 3-21-2000
Page 7
to go through selecrive clearance on this property; they pursued it somewhat, but did not follow
through. Mr. Malone's location is unknown.
Gerry Strathman recommended approval given the fact that the owner is not here and lacking
evidence that he is willing to come forward and do what is necessary to rehabilitate this building.
The meeting was adjourned at 11:04 am.
itn
QR1G11�A�
Council File # OO - 31 �
Green Sheet # � �ZZ�
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
30
Committee: Date
1 WHEREAS, 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 rivo-story, wood frame dwelling with a detached, one-stall, wood frame
4 garage located on property hereina8er referred to as the "Subject Property" and commonly known as
5 923 Agate Street. This property is legally described as follows, to wit:
6
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10
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12
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14
15
16
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19
20
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22
23
24
25
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The North 50 feet of Lots 1 and 2, Block 3, Edmund Rice's Third Addition to City of St. Paul.
WHEREAS, based upon the recards in the Ramsey County Recorder's Office and information
obtained by Division of Code Enforcement on or before November 10, 1999, the following are the now
known interested or responsible parties for the Subject Property: Daniel E. Otto, 923 Agate Street,
St. Paul, MN 55117-555&; Daniel E. Ottq 13264 Tsleton Avenue North, Hugo, MN 55038; Attorney
Lawrence C. Dingmann Jr, Re: Citibank, 3100 West Lake Street, Ste. 208, Mpls., MN 55416;
Attomey Allan J. Zlimen, Re: Norwest Bank MN, NA., 430 Oak Grove Street, Ste. 200, Mpls., MN
55403
WI�REAS, Division of Code Enforcement has seived in accordance with the provisions of
Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance
Building(s)" dated Januasy 5, 20Q0; and
WFIEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s} pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by Febn�ary 4, 2000; and
WIIEREAS, the enforcement officer has posted a placazd on the Subject Property declaring this
building(s) to constitute a nuisance condition; subject to demolition; and
WIIEREAS, this nuisance condition has not been corrected and Division of Code Enforcement
requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City
CouncIl and the Saint Paul City CouncIl; and
WIIEREAS, the interested and responsible parties have been served notice in accordance with
the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of
the public heaxings; and
00 -3 ii�
1 WI�REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
2 Council on Tuesday, March 21, Z000 to hear testunony and evidence, and after receiving testimony and
3 evidence, made the recommendation to approve the request to order the interested or responsible parties
4 to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and
5 remove its blighting influence on the community by rehabilitating this shucture in accordance with all
6 applicable codes and ordinances, or in the altemative by demolishing and removing the structure in
7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to
8 be comgieted within fifteen (15) days after the date of the Council Hearing; and
10
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WIIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, Apri15, 2000
and the testnnony and evidence including the action taken by the Legislafive Hearing Officer was
considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order
conceming the Subject Properiy at 923 Agate Street:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2.
3.
4.
5.
6.
That the costs of demolition 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 lmown responsible
parties to correct the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been conected.
That Division of Code Enforcement has posted a placard on the Subject Property 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 Enforcement, Vacant/Nuisance Buildings.
8. That the known interested parties and owners are as previously stated in this resolution
and that the notification requirements of Chapter 45 have been fulfilled,
ORDER
The Saint Paul City Council hereby makes the following order:
The above xeferenced interested or xesponsible parties shail make the Subject Pxoperiy safe and
not detrunental to the public peace, health, safety and welfaze and remove its blighting influence
on the community by rehabilitating this structure and correcting all deficiencies as prescribed in
the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable
codes and ordinances, or in the alternative by demolishing and removing the structure in
accordance with ail applicable codes and ordinances. The rehabilitation or demolition and
removal of the shucture must be completed within fifteen (15) days after the date of the Council
Hearing.
Oo -3 ��
2 2. If the above corrective action is not completed within this period of time the Citizen Service
3 Office, Division of Code Enforcement is hereby authorized to take whatever steps aze necessary
4 to demolish and remove this siructure, fill the site and charge the costs incurred against the
5 Subject Property pursuant to the pzovisions of Chapter 45 of the Saint Paul Legislative Code.
7 3.
9
10
11
12
13
In ttie event the building is to be demolished and removed by the City of Saint Paul, all pexsonal
property or fixtures of any kind which interfere with the demolition and removal shall be
removed from the properiy by the responsible parties by the end of this time period. If all
personal property is not removed, it shali be considered to be abandoned and the City of Saint
Paul shall remove and dispose of such property as provided by law.
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 Departrnent of:
Citizen Service Office: Code Enforcement
Adopted by Council: Date �,
Adoption Certified by Council Secretary
�
Approved by Mayor: Date � �
B C���� �.�"l'+
�
By: �
Form Approved by City Attorney
Approved by Mayar for Submission to Council
sy:
a o -3 �c�
02��1�''�°
Michael R Morehead 266-8439
TOTAL # OF SIGNATURE
GREEN SHEET
�-,�
No i 022�2
�
m.�.�.
� OIYATTOAEY ❑ L1IYCtF1tK
❑ RIIIIIGLfFRNCFJOR ❑ AlIf11I'JIfLiFRVll4CCl6
� wvoR fae,uasounl �� .
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(CL1P ALL LOCATIONS FOR SiGNATURE�
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If
the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered
to remove the building. The subject property is located at 923 Agate Street.
«
PLANNING COMMISSION
CIB COMMITlEE
CIVIL SERVICE COMMISSION
Has tnis versorJFrm evu.wr�rea unaer a conasc� rarmie ae�rtmeM�
YES NO
Fies this P�rm e:ef been a City dnployee7
YES NO
Does this PersoNfiim D� a sidll�rwt nwmelryW�d M' �Y cunent cily emWoyeeT
VES NO
i: m�s nN�� a �a�aa �aorr
rES rio
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of
the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement
Officer were given an order to repair or remove the building at 923 Agate Street by February 4, 2000, and have
failed to comply with those orders.
---• _�
The City will eliminate a nuisance.
��.�y_�9tlx.lua.:
The City will spend funds to wreck and remove this building(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.
AMOUNTOFTRANSACTIONS $8,000 - $9.000
Nuisance Housing Abatement
INFORMATION (IXPWN)
COST/REVENUEBUDCETED(GRCLEONE) . IYEE�I NO
��/
A�rnmNw�e�e 33261
_ �tr�; �£�!?fu�f
� } � A � { �
<.=:s .�
CITIZEN SERVICE OFFICE
Fred Owruu, Ciry Clerk
O o -3 l(�
DIVLSCQAI QF PROPERTY CODE EiIFORCEbfENT
M+chael R Mo�ehead Proy Mana,¢er
CITY OF SAII�T PAUL Nuisanc¢ Building Cade Enforcemer+!
Narm Co[em¢n, Hfayor I S W. Ke�logg Blvd. Rm. 190
Saint P¢u1, lViN Si102
i
February 25, 2000
NOTICE OF PU&LIC I�EARINGS
Council President and
Membexs of the City Council
Tel: 6i1-266-8410
Fax: 651-266-&'!26
�nav.-.<Y: t �v�!'..��
,.�,� ��„a�
�"€:�� � �3 �Q��
Citizen Service Office, Vacant/Nuisance Buildin�s Enforcement Division has requested the City Council
schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance
building(s) located at:
923 Agate Street
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, March 21, 2000
City Council Hearing - Wednesday, Apri15, 20Q0
The owners and responsible parties of record are:
Name and Last Known Address
paniel E. Otto
923 A�ate Street
St. Paul, MN 55117-5558
Daniel E. Otto
1326� Isleton Avenue North
Hu�o, MN 55038
Attomey Lawrence C. Din�nann Jr.
Re: Citibank
3100 West Lake Street, Ste. 208
Mpls., MN 5�416
Attorney Allan J. Zlimen
Re: Norwest Bank MN, NA.
430 Oak Grove Street, Ste. 200
Mpls., MN 55403
Interest
Fee O�vner
Fee Owner
7udgment Creditor
� Judgment Creditor
;
923 Agate Street
February 25, 2000
Page 2
The legal description of this property is:
0 0 -3 ��
The North 50 feet of Lots 1 and 2, Block 3, Edmund Rice's Third Addition to City of St.
Paul.
Division of Code Enforcement has declazed 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 knotivn
responsible parties to eliminate this nuisance condition by correctin� the deficiencies or by razin� and
removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated,
the community continues to suffer the blighting influence of this property. It is the recommendation of
the Division of Code Enforcement that the City Council pass a resolution ordering the responsible
parties to either repair, or demolish and remove this builc3in� in a timely manner, and failing that,
authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the
costs incurred a�ainst the real estate as a special assessment to be collected in the same manner as taxes.
Sincerely,
�teve �a�CV�eN
Steve Ma�er
Vacant Buildings Supervisor
Division of Code Enforcement
Citizen Service Office
SM:ml
cc: Frank Bera, Building Inspection and Desi�
Meghan Riley, City Attomeys Office
Nancy Anderson, Assistant Secretary to the Council
Paul Mordorski, PED-Housina Division
REPORT
Date: Mazch21,2000
Time: 10:00 a.m.
Place: Room 330 CiTy Hal]
15 West Keliogg Boulevard
LEGISLATIVE HEARING
Gerry Strathman
Legislative Hearing Officer
1. Appeai of Summary Abatement Order at 745 Butternut Avenue.
(Withdrawn)
�O —3(�
2. Summary Abatements:
File JOODEMO Demolition of vacant building during September, October,
December 1999
File JSUM00 Properiy Clean-Up during September through December 1999
File JBDUP00 Board-up of vacant buildings during August through
November 1949
File J9912V Towing abandoned vehicles during September and December
1997, June and August 1999
File JGRASS00 Grass cutting from mid August through mid October 1999
449 Banfil Street (J9912V)
Gerry Strathxnan recommended denying the appeal.
1015 Ed�erton Street (JSUM00)
Gerry Strathman recommended approval.
729 Edmund Avenue (JSUM00)
Gerry Strathman recommended approval.
743 Pierce Butler Route (JSUM00)
Gerry Strathman recommended approval.
759 Pierce Butler Route (JSLIM00)
Gerry Strathman recommended deleting the assessment.
1163 Ross Avenue (JSUM00)
Gerry Strathman recommended reducing the assessment to $100 plus the $45 service fee,
for a total assessment of $145.
1935 Saunders Avenue (JBDUP00)
Gerry Strathman recommended approval.
LEGISLATIVE HEARING REPORT OF 3-21-2000
b o —3 i �
Page 2
774 Sherburne Avenue (7SUM00)
Gerry Strathman recommended reducing the labor charge by half, making it $210 for
labor, leaving the 3'/z yards for $63, two appiiances for $50, five tires for $25, plus the
$45 service fee, for a total assessment of $393.
276 Sidnev Street West (JSLTM00)
Gerry Strathman recommended approval of the assessment with payment being spread
over a 10 yeaz span.
1154 Central Avenue West (check)
Gerry Strathman recommended approval.
885 Clark Street (JSUM00)
Gerry Strathman recommended approval.
932 Concordia Avenue (JSUM00)
Gerry Strathman recommended approval.
711 Fuller Avenue (JSUM00)
Gerry Strathman recommended approval.
954 Fuller Avenue (JSUM00)
Gerry Strathman recommended approval.
47 Gazfield Avenue (JBDUP000)
Gerry Strathman recommended approval.
800 Iglehart Avenue (7SUM00)
Gerry Strathman recommended approval.
812 Lafond Avenue (JSUM00)
Gerry Strathman recommended approval.
240 Milford Street (JBDUP00)
Gerry S#rathman recommended approval.
864 Sims Avenue (JBDUP00)
Gerry Strathman recommended approval.
1336 Thomas Avenue (J9912V)
Gerry Strathman recommended approval.
579 Van Buren Avenue (JSLJM00)
Gerry Strathman recommended approvai.
00-3�
LEGISLATIVE HEARING REPORT OF 3-21-2000 Page 3
3. Resolution ordering the owner to remove or repair the building at 923 Agate Street.
If the owner fails to comply with the resolution, Code Enforcement is ordered to
remove the building.
Gerry Strathman recommended granting six months to complete rehabilitation on
condition that a$2,000 bond is posted by noon of April 5, 2000.
4. Resolution ordering the owner to remove or repair the building at 668 Fifth 5treet
East. If the owner fails to comply with the resolution, Code Enforcement is ordered
to remove the 6uilding.
Gerry Strathman recommended approval.
rrn
b0-3t�
MINUTES OF THE LEGISLATIVE HEARING
Tuesday, March 21, 2000
Room 330 Courthouse
Gerry Strathman, Legislative Hearing Officer
The meeting was called to order at 10:02 a.m.
STAFF PRESENT: Roseanna Flink, Real Estate; Steve Magner, Code Enforcement; Sally
Peterson, Code Enforcement
Appeal of Summary Abatement Order at 795 Buttemut Avenue.
(Withdrawn)
Summary Abatements:
File JOODEMO Demolition of vacant building during September, October, December
1999
File J5UM00 Property Cleau-Up during September through Decem6er 1999
File JBDUP00 Board-up of vacant buildings during August through November 1999
File J9912V Towing abandoned vehicles during September and December 1997,
June and August 1499
File JGRASS00 Grass cutting from mid August through mid October 1999
449 Banfil Street (J9912V)
(Someone appeazed at this meeting and said he will pass.)
Gerry Strathman recommended denying the appeal.
1015 Edeerton Street (JSIJM00)
Heu Lang Chu Yang Heu, owner, appeazed and stated the property was purchased on 11-3-99.
He repaired everything. He received a summary abatement notice. He does not know why the
riUe company is not responsible for tlus. This cleanup occurred before he purchased the properiy
and is not his responsibility. The property was purchased from HUD (Housing and Urban
Development).
Mr. Strathman stated he will not be able to help him with this. The previous owner was notified
of this assessment. The City did the cleanup on 11-1-99, about a month before Mr. Heu
purchased the property. Mr. Heu may have recourse against the seller for the amount of this
assessment. Mr. Strathman is not sure if the title company is required to find these assessments,
but the previous owner is required to certify that there aze no pending assessments.
Gerry Strathman recommended approval. He understands Mr. Aeu did not own the property at
the time of the assessment, but the obligation goes to the properry regazdless of who owns it.
00 -� \�
LEGISLATIVE HEARING MINUTES OF 3-21-00
729 Edmund Avenue (JSiTM00)
Page 2
Tim Spencer, owner, appeared and stated he did not receive notice about the refuse. He does not
remember getting anything between September and December on this. This might have
something to do with him moving last year because he had a water bill that was sent to the wrong
address.
(Note: there was some confusion here about wluch assessment was being discussed. There aze
two assessments for this properry; however, one will be before the Legislative Hearing Officer in
May. The assessment before the officer today deals with an abatement that occurred in
November for ttus property. After it was straightened out which assessment was being discussed,
the rest of the discussion dealt with this November assessment only.)
Ms. Peterson stated the assessment was mailed to 729 Edmund Avenue only. This was for
removing gazbage and rubbish in the rear yazd and there was also impounding of a vehicle. Mr.
Spencer responded he moved in July of last year. He called the City because someone dumped a
caz behind his garage. The amount of that cleanup is $282.
Was his address changed at Ramsey County Taxation, asked Mr. Strathman. Mr. Spencer
responded he does not believe so and did not know he had to do that.
Mr. Strathman stated it looks like the notice was sent to 729 Edmund, the owner moved, and the
tenant probably threw it away. Mr. Spencer responded the tenants throw away anything with his
name on it.
Gerry Strathman recommended approval. Code Enforcement is required to notify the owner on
record at the recorded address at Ramsey County Tasation. T'he legal requirements of the
notification were fulfilled.
743 Pierce Butlez Route (JSIJM00)
Barb and Keefe Kunz, owners, appeared to appeal their $621 assessment. Mrs. Kunz stated she
was having the inside of the properiy totally redone and gutted. She ordered a dumpster on
9-2-99, but it was on back order. She le8 the property on 9-1-99 while it was being remodeled.
They did not get mail delivered for about ten days because their mailman did not think they were
living there. They did put in a change of address. They received a notice from the City to clean
up the properry, but not a notice about the City cleaning it up. They did eventually get a
dumpster, an inspector came back out, talked to one of the men working at the house, and told
him they were complying.
Sally Peterson reported the orders were mailed on 9-16-99, they were suppose to comply by
9-22-99, and the work was done on 9-23-99. A tag was also issued because ffie violation was
severe.
Gerry Strathman stated he would like to view the videotape.
00 -3 ,4�
LEGISLATIVE HEARING NIINUTES OF 3-21-00
(A videotape was shown.)
Page 3
Mrs. Kunz stated the refuse was placed in the back until the dumpster came. Under City
ordinance, responded Mr. Strathman, refuse cannot be left out in the open. It was an enormous
pile of refuse.
Mr. Strathman asked was there a record of notice being sent to the address. Ms. Peterson
responded in the affirmative.
Gerry Strathman recommended approval. A notice was sent to the address. Sis to seven days
were given to clean up the properry. The owners should not have allowed the workers to leave
refuse out in the open. The owners are responsible for managing the property and making sure
things aze done in compliance with the code. The charge seems appropriate given the amount of
work that was done.
�59 Pierce Butler Route (JSUM00)
Wally Nelson, representing Mornow Partners, appeared and stated there are a couple of things
wrong with the bill. There is an empty lot neact to 759 Pierce Butler, the brush was on that lot,
and they do not own the lot. He never received notification that something was wrong. The
notice was sent to the house; however, Mr. Nelson was registered at a post office box at Vacant
Buildings. Vacant Buildings should have been handling the case. He thought the garbage hauler
took the brush pile.
Gerry Strathman stated he would like to view the videotape.
(A videotape was shown.)
Gerry Strathman recommended deleting the assessment. It appeazs the brush is not on Mr.
Nelson's property; therefore, he cannot be assessed for it.
1163 Ross Avenue (JSLTM00)
Aazon Brancamp, owner, appeazed and stated he was ordered to clean up the properry. They
were in the process of renovating the house. There was debris in the back. A mattress was there
that was dumped by someone else. Mr. Brancamp was unable to get rid of the mamess; he
moved it on the back deck so it was not visible. There was a tree stump in the back also. There
was a pile of lumber in the back yazd salvaged from a gazage in case it was needed for further
renovation. The lumber was piled neatly next to the deck. The debris was in two trash barrels.
The City took everyflung away except for the log.
Gerry Strathman stated he would like to view the videotape.
(A videotape was shown.)
LEGISLATIVE HEARING MINUTES OF 3-21-00
Mr. Brancamp stated he was not awaze of the tires because they were not on the list. Mr.
Strathman looked on the list and concurred with Mr. Brancamp.
� o — 3 l4�
Page 4
Gerry Strathman recommended reducing the assessment to $100 plus the $45 service fee, for a
total assessment of $145. It is clear some of the items were not properly stored and piling wood
alongside the porch is not good enough. However, there was an effort on the owners part to
respond to the orders: the trash was mostly in the barrels, and the mattress was moved.
1935 Saunders Avenue (JBDUP00)
Joshua Kerr, representing Hendrie Grant, appeazed and stated the property was purchased on
January 19. They did not own the properly when the work was completed.
Gerry Strathman recommended approval. He does not doubt there was an assessment pending
when the properry was purchased; however, the assessment does go to the properiy.
774 Sherburne Avenue (7SiJM00)
Art Hazder, owner, appeared and stated he received a notice. About the same time, he received
information about the Thomas Dale Block Club cleanup. He met with his tenant and told her
how the procedure worked and where to put the items. The tenant insists the items were
removed by the block club. Subsequently, she said she put a mamess out, and the City took it.
Gerry Strathman stated he would like to view the videotape.
(A videotape was shown.)
Mr. Harder stated the charge is excessive. Mr. Strathman concurred and asked why it is
unusually high. Ms. Peterson responded there was two hours of labor for $420. Mr. Hazder
responded they were not there for two hours.
Gerry Strathman recommended reducing the labor charge by half, making it $210 for labor,
leaving the 3'/� yazds for $63, two appliances for $50, five tires for $25, plus the $45
administrative fee, for a total assessment of $393. Mr. Strathman stated that two hours labor
seems like a long time to do this cleanup.
276 Sidnev Street West (JSiTM00)
Kathryn Johnson and her granddaughter Kim Grabowski appeared. The housing inspector came
around the early part of September, and showed her older son what needed to be done. The
youngest son trimmed and hauled a trailer load of stuff to the dump. Ms. Grabowski came over
everyday, cut down everything, trimmed the hedges, redid the front retaining wall. In November,
Brian Burch came to her house and brought a crew of four to five men and took away anything
that could possibly be construed as rubbish. He rented a dumpster. Ms. Johnson does not
understand how this could have gone on from September through December. Mr. Strathman
Do -3t�
LEGISLAT'IVE HEARING MINLJTES OF 3-21-2000
Page 5
responded this particulaz assessment is for August, and the work was done on September 8. Ms.
Grabowsid responded she was there and asked what was it for.
Mr. Strathman stated he would like to view the videotape.
(A videotape was shown.)
Ms. Johnson stated within two days, they cleaned up the whole thing, and Ms. Grabowski was
there everyday the whole day through.
Mr. Strathman asked about the gazbage bags, tires, and refuse on the video. Ms. Johnson
responded her son hauled a trailer out to the dump, and Mr. Burch cut down every sampling and
every bit of brush.
Mr. Strathman asked about the tires. Ms. Grabowski responded it was never written up on the
slip. Mr. Strathman stated his paperwork reads "gazbage bags, scrap wood, appliances, debris,
and tires." Ms. 3ohnson responded the tires and debris were taken in the trailer. Mr. Strathman
stated they were s[ill there when the videotape was made on the 28"'. Ms. Johnson stated after
that she got a dumpster. There was a notice abouY the front yazd and her granddaughter did
everything plus the trinuning.
Mr. Strathman asked for the orders to be read. Ms. Peterson responded it reads front yard, back
yazd, boulevard, and alley. Ms. Grabowski stated there was no written statement that said the
back yazd needed to be done. If she had seen it written down, she would have done it. They have
been having a problem with this inspector. Mr. Strathman responded there is a copy of the notice
if she would like to look at it. It appeazs the notice was given, and there was opportunity to clean
up the properry.
Ms. Johnson stated she is permanently disabled and would like to arrange for deferred payments.
Ms. Flink responded stated she would help arrange for it, but it will haue to be approved by
Council.
Gerry Strathman recommended approval of the assessment with payment being spread over a 10
yeaz span. Proper notice was given. There was an opportunity to clean up the properry. The
assessment is appropriate.
1154 Central Avenue West (JGRASS00), 885 Clazk Street (JSLTM00), 932 Concordia Avenue
(JSUM00), 711 Fuller Avenue (JSIJM00), 954 Fuller Avenue (JSIJM00), 97 C'iarfield Avenue
(JBDUPOOQ), 800 Iglehart Avenue (JSIJM00), 812 Lafond Avenue (JSLTM00), 240 Milford
Street (JBDUP00), 864 Sims Avenue (JBDUP00), 1336 Thomas Avenue (J9912V), 579 Van
Buren Avenue (JSIJM00)
No one appeazed on the above properiy assessments.
Gerry Strathman recommended approval of all the above.
LEGISLATIVE HEARING MIAIUTES OF 3-21-2000
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Page 6
Resolution ordering the owner to remove or repair the building at 923 Agate Street If the
owner fails to comply with the resolurion, Code Enforcement is ordered to remove the
building.
Daniel Otto, owner, appeared.
Steve Magner reported tlus property was condemned December 1998 and has been vacant since
7-20-99. TYuee summary abatement notices have been issued to remove refuse and secure the
building. An inspection of the building was conducted on 12-1-99, and a list of deficiencies that
constitute a nuisance condition was developed and photographs were taken. The CiTy has
boazded the building. Vacant building fees and real estate taxes aze paid. Tasation has placed a
mazket value of $40,600 on this property. On 3-20-2000, a code compliance inspecrion was
applied for. A bond has not been posted. The estimated cost to repair is $50,000; estimated cost
to demolish, $8,000 to $9,000.
Mr. Otto stated his plans aze to remodel. He was told he could get a bond from his insurance
agent, but his insurance agent did not know what he was talking about.
Gerry Strathman recoxnmended granting sis months to complete rehabilitation on condition that a
$2,000 bond is posted by noon of Apri15, 2000. Mr. Magner explained that a bond can be
purchased at a bonding agency.
Resolution ordering the owner to remove or repair the building at 668 Fifth Street East. If
the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
(No one appeazed representing the property.)
Steve Magner reported the building was condemned December 1999 and it has been vacant since
12-28-98. This property was the scene of a criminal incident where an individual refused to be
removed. The police used teaz gas; therefore, the second floor is uninhabitable. The current
owner is Kevin Patrick Malone. Seven abatement notices have been issued to secure the
dwelling, remove refuse, cut tall grass, and unlawful pazking. On 12-21-99, an inspection of the
building was conducted and a list of deficiencies which constitutes a nuisance condition was
developed and photographs were taken. Code Enforcement was called by the police deparhnent
yesterday because the building was broken into again. A contractor secured it this morning.
Vacant building fees are due. Real estate tases aze unpaid in the amount of $1,059.77. Taxation
has placed a mazket value on ttris property at $58,300, but they may not have been in the properry
recently. A bond nor code compliance inspection have been applied for. The estimated value of
the property is $35,000; the estimated cost to demolish, $8,000 to $9,000.
Mr. Strathman asked was there communication with Mr. Malone. Mr. Magner responded he had
a number of visits with him because he was illegally occupying this properry and crixninal
citations were issued to remove him. Code Enforcement encouraged Mr. Malone and his sister
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LEGISLATTVE HEARING MINUT'ES OF 3-21-2000
Page 7
to go through selecrive clearance on this property; they pursued it somewhat, but did not follow
through. Mr. Malone's location is unknown.
Gerry Strathman recommended approval given the fact that the owner is not here and lacking
evidence that he is willing to come forward and do what is necessary to rehabilitate this building.
The meeting was adjourned at 11:04 am.
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