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00-894t�;RsUIIVA� Council File # Q p — � Green Sheet #/O a 3 O 1 RESOLUTION SAINT PAUL, MINNESOTA Presented By Refened To Committee: Date S� 1 WFIEREAS, Cifizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecldng and 3 removal of a two-story, wood frame duplex located on property hereinafter refezred to as the "Subject 4 Properiy" and commonly lrnown as108 Atwater Street. This properiy is legally described as follows, to 5 wit: 6 7 8 9 10 11 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 Lot 3, Block 2, Lockey's Addition to the City of Saint Paul.. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on ar before Apri124, 2000, the following are the now known interested or responsible parties for the Subject Properiy: Banker's Trust Company of Califomia, c/o Advanta Mortgage Corp. USA, 10790 Rancho Bernardo Rd., San Diego, CA 92127-5705 WHEREAS, Division of Code Enfarcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated June 5, 2000; and 4Vf1EREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this ordex informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by July 5, 2000; and WHEREAS, the enfarcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subj ect 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 Legislarive Hearing Officer of the City Council and the Saint Paul City Council; and WI3EREAS, the interested and responsible parties haue been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held befare the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, September 5, 2Q00 to heaz testimony and evidence, and after receiving testunony and evidence, made the recommendarion to approve the request to arder the interested or responsible parties to make the Subject Properry safe and not deh-imental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shuchxre in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accardance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and OR1GfNAL QO 1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 27, 2 2000 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 3 considered by the Council; now therefore 4 5 BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced 6 public hearings, the Sa3nt Paul City Council hereby adopts the following Findings and Order concerning 7 the Subject Properry at 108 Atwater Street: 10 11 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 45 46 47 48 1. 2. 3. 4. 5. 6. That the Subject Proper[y comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of tlus building(s) is estimated to exceed three thousand doliazs ($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 lrnown 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 subj ect to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The 5aint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on tbe community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accardance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within 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 Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. OR�GtNA� be-r�+y 1 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 2 properry or fixtures of any kiud which interfere with the demolirion and removal shall be removed 3 from the property by the responsible parties by the end of this tune period. Tf all personal property 4 is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and 5 dispose of such property as provided by law. 4. It is fitrther ordered, that a copy of this resolution be mailed to the owners and interested parties in accardance with Chapter 45 ofthe Saint Paul Legislative Code. Benanav B a ev Bostrom Co e� Harris Lantrv Reiter Requested by Department o£ Citizen Service Office; Code Enforcement By: � `� `^�`✓`^ -�� {� �� Adopted by Council: Date ��,��. ,.11 A.00 0 � Adoption Certified by Council Secretary Form Approved by City Attorney B a , (�., � a�— Approved by Mayor: Date �� «CSC� BY: �-� � By: � � Approved by Mayor for Submission to Council BY� �,_ t il�— � oa -�"ty Division of Code Enforcement 266-8439 27, 2000 osiiiioo GREEN SHEET No � �2301 - wmw:. wmvoa. � �,�,.��.� �� w� wR � rn.,..mar ❑ m.nmc w � � xourwc � ❑nwwu��ao�vcEaoa wuMCU�aenvKCra_ TOTAL # OF SIGNATURE PAGES � wva�weuasaxn (CLIP ALL LOCATIONS FOR SIGNATUR� City Council to pass ttris resolution which will order the owner(s) to remove or repau 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 builcling. The subject property is located at 108 Atwater Street. PL4NNING COMMISSION CIB CAMMITfEE CNIL SERViCE COMMISSION Flas �tJs P�� ever va�ked uMer a cadraet 6or Uis YES NO Fias tlxe P�eml6rm ever heen a aty anDb1'ee? YES NO Dces this persaJfiim poasess a sldll not ranrel�Y0�se0 M�Y artent ciry emWoYee4 PI�-=:PS b Mis petawVRrm a targe[etl veMo(t VES NO °1TiRI�''S�Rtff��J'€s°8 i4ft3� in Chapter 45 and a vacant buiiding as defined in Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 108 Atwater Street by July 5, 2000, and haue failed to comply with those orders. The City will eliminate a nuisance. AUG 16 2000 CITY ATTORNE� )ISADVANTAGES IFAPPROVED The City will spend fixnds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. sance condition will remain unabated in the City. This building(s) wiil continue to blight the community. M1OUN7 OF TRANSACTON S � - � CO37IREVENUE 8tlDGE7EA (CIRCLE ONE� YE3 NO_ __" sourtee Nnicance Housing Abatement �mrrHU�a 33261 � �iC� C INFORMATION (IXPWM ea __.p/.� �¢- ��F1 �`• ��^ Council File # ✓ REPORT Date: September 5, 2000 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legisla6ve Hearing Officer 1. Appeal of Summary Abatement Order at 79 Virguria Street. Legisiative Hearing Officer recommended denying the appeal. d e-I'94 2. Resolution ordering the owner to remove or repair the properry at 828 Cook Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing O�cer recommended granting the owner six mottths to complete rehabilitation of the property on the condition that the following is done by noon of September 27, 2000: 1} a code compliance inspection is completed, 2) a$2,000 bond is posted. Laid Over Summary Abatements: J0003AA Property clean-up at the following properties: vacant lot on Ross Avenue, 1153 Sherburne Avenue, 762 Thomas Avenue, 244 Aurora Avenue. J0002V V Towing of abandoned vehicle from private property at the following locations: 99 hatch Avenue, 1163 Minnehaha Avenue West. 762 Thomas Avenue. (J0003AA) (Laid over from 8/15/00) Legislative Hearing Officer recommended approving the assessment. 99 Hatch Avenue. (J0002W) (Laid over from 8/15/00) Legislative Hearing Officer recommended reducing the assessment from $835.40 to $155 plus the $45 service fees for a total assessment of $200. 1163 Minnehaha Avenue West. (J0002V� (Laid over from 8/15/00) Legislative Hearing Officer recommended reducing the assessment from $474.41 to $155 plus the $45 service fee for a total assessment of $200. 1153 Sherburne Avenue. (J0003AA) (Laid over from 8/15/00) Legislative Hearing O�cer recommended reducing the assessment from $306 to $200 plus the $45 service fee for a total assessment of $245. Vacant lot on Ross Avenue. (J0003AA) (Laid over from 8/I S/00) Legislative Hearing Officer recommended approval ofthe assessment. oo-!'fy LEGISLATIVE HEARING REPORT OF 9-5-2000 Page 2 244 Aurora Avenue. (J0003AA) (Laid over from 8/23/00 City Council meeting) Legislative Hearing O�cer recommended approval of the assessment. � r� Resolution ordering the owner to remove or repair the property at 108 Atwater Street. If ` the owner fails to comply with the resolurion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove or repair the property at 1246 Seventh Street East. If the owner fails to comply with the resolurion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommended approval. 6. Appeal of suu�mary abatement order at 641 Lincoln Avenue (heard at the 130 meeting). Legislative Hearing Officer recommended denying the appeal. The meeting was adjourned at 11:03 a.m. rrn oo-�'� NIINUTES OF TI� LEGISLATIVE HEARING Tuesday, September 5, 2000 Room 330 Courthouse Gerry Stratlunan, Legislative Hearing Officer STAFF PRESENT: Roxanna Flink, Real Estate; Dick Lippert, Code Enforcement; Steve Magner, Code Enforcement; Paula Seeley, Code Enforcement The meeting was called to order at 10:02 am. AQpeal of Summary Abatement Order at 79 Vir�nia Street (Paula Seeley gave Mr. Sirathman photographs. These photographs were also seen by Paul Johnson.) Paul Johnson, owner, appeared and stated everyone trims their hedges the way he trims them: they go over the sidewalk. Yet, no one else is being harassed. He installed a fence and put in plants to let a natural gazden grow, but Ms. Seeley says they aze weeds. (Mr. Johnson showed Mr. Strathman photographs of other properties with the same style as Mr. Johnson's.) Gerry Strathman asked about the photograph showing the front of the house with the weeds looking very high. Mr. Johnson responded he cuts them twice a week. Mr. Strathman asked what is his proposal. Mr. Johnson responded he has not been treated very weil. If the City goes after him, they should go after everyone or leave him alone. Paula Seeley reported she received a complaint about bushes overhanging the public sidewalk. She went to the properry and issued a sununary abatement. There was tree debris and large logs in the driveway; the bushes obstruct the public sidewalk. She would like the bushes cut to a height of seven feet. Public Works Ordinance Enforcement has also issued orders to cut the height back to seven feet. A. Nazdi stated he hopes this is not a case of someone trying to devalue a properiy in order to pnrchase it. There were offers made to purchase the whole corner for $200,000. Mr. 7ohnson has cieaned the property. The yazd does not look worse than any other yazd on Summit Avenue. Mr. Strathman stated the orders read tree debris in the driveway. Mr. Johnson responded there were two logs in the driveway. He pians to saw them and use them for firewood. Generally speaking, Mr. Strathman stated, the City's enforcement methods are complaint oriented. Sometimes the inspectors see things and cite them, but normally they just respond to complaints. It is possible that there are properties that no one has complained about. Mr. sa-d^9Y LEGISLATIVB HEARING MINi3TES OF 9-5-2000 Page 2 Johnson responded it is also possible that an inspector initiated a complaint where there was not one. Mr. Strathman responded that is not likely. Mr. Strathman stated the order also reads to "cut all the overhanging bushes on both sides of the street that aze obstructing the public sidewallc." Mr. I3ardi responded there is only one side of the street and it is a corner lot Ms. Seeley stated it is the corner of Vuginia and Summit and all along Virginia Street needs to be cirt. Mr. Johnson stated he is 5'11' and he cuts the bushes above him twice a week. This has not been a problem for 25 yeazs. Mr. Strathman stated he will deny the appeal. This matter will come before the City Council on September 27. Sometime in the nea�t three weeks, the bush height in the front should be corrected, and the two logs should be disposed of. He is not bothered by the growth in the alley. Mr. Nardi stated the house is being painted and he does not want debris and sawdust blowing against the paint. He requested an extension to October 1. Mr. Strathman responded the order before him has to do with tree debris and bushes overhanging the sidewalk. In three weeks, the owner can figure out a way to do cutting and painting so they do not conflict. Gerry Strathman recommended denying the appeal. Summary Abatement: 238 Winona Street East (J0004B) (Note: File J0004B is scheduled to come before the Legislative Hearing Officer on September 19. The hearing officer allowed this address to be heazd today.) Stephen Chamberlain, owner, appeared and stated he received a letter in the mail. Something happened to the house on April 1 and it was boazded up. Mr. Chamberlain did not own the house at that time; he purchased the property on May 17 and will be moving in soon. He was suppose to attend the hearing on September 19, but was told he could do this today. Steve Magner stated the building was owned by HUD (Housing and Urban Development) on April l. Police were called to the scene, saw there was open access, and called a boarding contractor to have the property secured. The assessment is $35Q for three boards installed. Code Enforcement then contacted First Preston, property manager, to tell them this had been done. Mr. Strathman asked were they told there was a pending assessment against the properly. Mr. Chamberlain responded he spent an hour signing papers and does not know if it was in those papers or not. Mr. Strathman stated the assessment goes against the property, and the owner is legally responsible for any assessments. T'he seller is usually required to tell the buyer about a pending assessment. With HUD properties, Mr. Strathxuan is less certain about their requirements. Mr. Magner responded that the bill was not sent to Taxation or the assessment was not done unril the middle of May; therefore, that bill may not haue been caught. Oa-j'!'/ LEGISLATIVE HEARING MINUTES OF 9-5-2000 Page 3 Mr. Strathman stated it seems that Mr. Chamberlain shouid go back to F3UD and tell them the properry was sold with a pending assessment. Mr. Magner added that these situations are what tifle insurance is for. Mr. Chamberlain asked what will happen to him while he pursues this with HIJD. Roxanne Flink e�cplained that he will receive an invoice to be paid within 30 days. If it is not paid, it will appear to the 2001 property taYes. Gerry Strathman recommended approving the assessment. Resolution ordering the owner to remove or repair the property at 828 Cook Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Steve Magner gave Mr. Strathman photographs.} Steve Magner reported the building has been vacant since 4-4-98. The owner is Francis J. Patterson. Five summary abatement notices have been issued to remove debris, cut tall grass, and secure the dwelling. On 6-7-00, an inspection of the building was conducted and list of deficiencies that constitute a nuisance were developed and photographs were taken. The properry remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees aze paid. Tasation has placed an estimated mazket value of $20,000 on the property. A code compliance inspection has not been applied for. The bond has not been posted. Code Enforcement estimates the repairs to be $20,000 to $25,000; the cost of demolition, $5,000 to $6,000. Francis J. Patterson, owner, appeazed and stated the inspector was out in July and said he would give him six months to get half of the work done and another six montl�s to complete it, but Mr. Patterson did not get any information from this inspector. He will put up the bond. He asked who came out in July. Mr. Magner responded Rich Singerhouse performed a building deficiency inspection in July. Gerry Strathman recommended granting the owner six months to compete rehabilitation of the properly on the condition that the following is done by noon of September 27, 2000: 1) a code compliance inspecrion is comgleted, 2j a$2,000 bond is posted. Mr. Magner explained that if Mr. Patterson fails to comply with the conditions, the resolurion before the City Council will be to repair or remove within 15 days. Summary Abatement: Property clean up at 762 Thomas Avenue. (J0003AA) (Laid over from 8/15l00) Roxanne DeFlorin, representing her mother, appeared. The bathroom and kitchen were being remodeled. There was a dumpster in the back and people were tt�rowing items into it. When the dumpster was removed later, people still continued to throw items behind the gazage and the fence. Her mother got a summons to remove all the items. Roxanne DeFlorin called the City LEGISLATIVE HEARING MINiJTES OF 9-5-2000 Da —!'9�/ Page 4 because her mother could not afford to remove the items. Neighborhood children set the items and the garage on fue. Her mother cannot afford the cleanup cost. Dick Lippert stated he concurs with what Ms. DeFlarin said. The City's position is that property owners aze responsible for whatever happens on their property. Ms_ DeFlorin asked what recourse people have. Mr. Strathman responded the least expensive thing to do is hire a private company to clean up the properry. He does not see any basis for not approving the assessment. The owner received notification and did not clean it up. Roxanne Flink stated there have been situations where the insurance company will cover the cost of this assessment in addition to the claim for the gazage. Gerry Sh�athman recommended approving the assessment. Summarv Abatement: Towin� of abandoned vehicle at 99 Aatch Avenue (70002V� (Laid over from 8/15/00) The following appeazed: Jesse Ryan and Susan_Fairchild. Mr. Ryan stated the caz was inoperable and pazked in the back of the house neart to the gazage. He had been inquiring about places to pick it up. He came home one day and the car was gone. Just about three weeks ago, they moved to Walker, Minnesota. Dick Lippert reported they were out at the property on November 9, found it in violation, and sent a sumuiary abatement order addressed to Mr. Ryan and Ms. Fairchild. They also sent one addressed to occupant. The mail was not returned. On the recheck, the car was still there, an order was issued, and it was towed. Gerry Strathman stated the amount of the assessment seems lazge. Mr. Lippert responded his guess is storage. Mr. Strathman recommended reducing the assessment from $835.40 to $155 plus the $45 service fees for a total assessment of $200. This will cover the cost of the towing. Summary Abatement: Towing of abandoned vehicle at 1163 Minnehaha Avenue West. (30002V� (Laid over from S/15l00) Nancy Watkins, owner, appeared and stated she had a car that she sold to someone for $50. The person never came to pick up the car. She tried calling the person, and found the phone was disconnected. Ms. Watkins got a notice from the City. Her son got the car rumiing and took it over to this person's house. The person had died, and Ms. Watkins never Imew about it. Dick Lippert stated he had no fi�rther information on this matter. oa_d�y LEGISLATTVE HEARING MINLITES OF 9-5-2000 Page 5 C:erry Strathman reduced the assessment from $474.41 to $155 plus the $45 service fee for a total assessment of $200. Summary Abatement: Property clean up at 1153 Sherhume Avenue. (J0003AA) (Laid over from 8/15/00) Chris Lahaie stated this is regarding the removal of a couch on the property. There were two couches, one of wluch he had removed. Notices had been going to the wrong zip code. He was suppose to be here for the last hearing, but received his notice too late. He has complied with everything in Code Enforcement. Gerry Strathman staied six summary abatement notices have been sent since last December. Dick Lippert responded there were recurring problems. Mr. Sh asked where the furnihue came from. Mr. Lahaie responded it was from one of his tenants. He has received notices and has been in the process of getting rid of the tenants. Ae has taken approximately $800 of garbage out already. This couch is the only item that got picked up by the City. Notices were going to the house on Sherbume, but Mr. Lahaie lives on St. Clair. Also, notices were sent to 55105, which is the wrong zip code. Mr. Lippert asked has the address with Ramsey County been changed; the official address listed with Ramsey County is 1153 Sherbume. Mr. Lahaie responded the tiUe company sent the information to the County and Mr. Lahaie also called the County in the spring. He was told everything was conect. (A videotape was shown.) Mr. Lahaie stated he removed items before and after the city removed the items on the videotape. The new tenant put another couch outside. He has complied with all other notices received and there is no reason for lum not to comply with this notice. Also, trash service comes the next day. Mr. Strathman stated he believes Mr. Lahaie was notified as required by law. It is troublesome that there were six notices sent to this address in seven months. However, the owner could make an azgument that the trash, though not properiy stored, may not have been there for a long dme. The couches cleazly have. Gerry Strathman reduced the assessment from $306 to $200 plus the $45 service fee for a total assessment of $245. Mr. Strathxnan recommended Mr. Lahaie go to Ramsey County Tasauon Records to make sure the address is correct there. Mr. Lippert stated the owner needs to get control of his building and keep control. If Code Enforcement has to go back repeatedly, they will step up the time frame to get the building under control. LEGISLATIVE HEARING MINIJTES OF 9-5-2000 Summary Abatement: Property clean up on vacant lot on Ross Avenue. (J0003AA) (Laid over from 8/15/00} (No one appeared to represent the properry.) Gerry Strathman denied the appeal. Summary Abatement: Property clean up at 244 Aurora Avenue. (J0003AA) (Laid over from 8/23/00 City Council meeting) (No one appeared to represent the properry.) Gerry Strathman denied the appeal. oa-p�Y Page 6 � Resolution ordering the owner to remove or repair the property at 168 Atwater Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared to represent the properry.) Gerry Strathman recommended approval for the following reasons: the vacant building fees are due, there are ungaid real estate tases, no code compliance has been applied for, and no bond has been posted. Resolution ordering the owner to remove or repair the property at 1246 Seventh 5treet East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman stated the vacant fees are due, a citation has been issued, the property taaces are unpaid, a code compliance inspection was done, and a bond has not been posted. Steve Magner stated the inspection was from 1997, and it would have to be verified if it is srill valid. Gerry Strathman recommended approval. (Note: Appeal of summary abatement order at 641 Lincoln Avenue is on the 1:30 agenda.) The meeting was adjoumed at 11:03 a.m. � C[TIZEN SERVICE OFF[CE Fred Owusu, Ciry Clerk CITY OF SAII�]T PAUL Norm Co!¢man, Mayor AUgUSt 11, 2000 DNISION OF PROPERTY CODE EYFORCEMEN'I Michael R Morehead, Program ,ifanager Nuisance Building Code Enfarcemen� IS W. KeIlvggBlvd. Rm. 190 7'ef: 651-266-8440 Sain� Paul, MNSSl02 Faz: 651-266-5426 NOTICE OF PUBLIC HEARIl�'GS Council President and Members of the City Council tiO " Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requesteil��ie City Council schedule pubiic hearin�s to consider a resolution orderin� the,repair or removai of the nuisance building(s) located at: 108 Atwater Street The City Council has scheduled the date of these hearings as follo�vs: Legislative Hearing - Tuesday, September 5, 2000 City Council Hearing - Wednesday, September 27, 2000 The owners and responsible parties of record are: Name and Last Known Address Banker's Trust Company of Califomia c/o Advanta Mort�age Corp. USA 10790 Rancho Bernardo Rd. San Diego, CA 92127-5705 Intzrest Fee Owner Counc;t Rgsp?�c� G�n�� The legal description of this property is: ��€� �.7 Z� Lot 3, Block 2, Lockey's Addition to the City of Saint Paul. Division of Code Enforcement has declared this building(s) to constimt��`"rnri�arice" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razin� and removing this buildin�(s). De-Y9'y 108 Atwater Street August 11, 2000 Page 2 Inasmuch as this Order to Abate has not been complied �vith the nuisance condition remains unabated, the community continues to suffer the bli�hting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� the responsible parties to either repair, or demolish and remoce this building in a timely manner, and failing that, authorize the Divisi6n 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 tases. Sincerely, Steve 1Vfagner Steve Ma�ner _ Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Me�han Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housin� Division � ccnph t�;RsUIIVA� Council File # Q p — � Green Sheet #/O a 3 O 1 RESOLUTION SAINT PAUL, MINNESOTA Presented By Refened To Committee: Date S� 1 WFIEREAS, Cifizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecldng and 3 removal of a two-story, wood frame duplex located on property hereinafter refezred to as the "Subject 4 Properiy" and commonly lrnown as108 Atwater Street. This properiy is legally described as follows, to 5 wit: 6 7 8 9 10 11 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 Lot 3, Block 2, Lockey's Addition to the City of Saint Paul.. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on ar before Apri124, 2000, the following are the now known interested or responsible parties for the Subject Properiy: Banker's Trust Company of Califomia, c/o Advanta Mortgage Corp. USA, 10790 Rancho Bernardo Rd., San Diego, CA 92127-5705 WHEREAS, Division of Code Enfarcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated June 5, 2000; and 4Vf1EREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this ordex informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by July 5, 2000; and WHEREAS, the enfarcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subj ect 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 Legislarive Hearing Officer of the City Council and the Saint Paul City Council; and WI3EREAS, the interested and responsible parties haue been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held befare the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, September 5, 2Q00 to heaz testimony and evidence, and after receiving testunony and evidence, made the recommendarion to approve the request to arder the interested or responsible parties to make the Subject Properry safe and not deh-imental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shuchxre in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accardance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and OR1GfNAL QO 1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 27, 2 2000 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 3 considered by the Council; now therefore 4 5 BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced 6 public hearings, the Sa3nt Paul City Council hereby adopts the following Findings and Order concerning 7 the Subject Properry at 108 Atwater Street: 10 11 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 45 46 47 48 1. 2. 3. 4. 5. 6. That the Subject Proper[y comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of tlus building(s) is estimated to exceed three thousand doliazs ($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 lrnown 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 subj ect to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The 5aint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on tbe community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accardance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within 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 Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. OR�GtNA� be-r�+y 1 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 2 properry or fixtures of any kiud which interfere with the demolirion and removal shall be removed 3 from the property by the responsible parties by the end of this tune period. Tf all personal property 4 is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and 5 dispose of such property as provided by law. 4. It is fitrther ordered, that a copy of this resolution be mailed to the owners and interested parties in accardance with Chapter 45 ofthe Saint Paul Legislative Code. Benanav B a ev Bostrom Co e� Harris Lantrv Reiter Requested by Department o£ Citizen Service Office; Code Enforcement By: � `� `^�`✓`^ -�� {� �� Adopted by Council: Date ��,��. ,.11 A.00 0 � Adoption Certified by Council Secretary Form Approved by City Attorney B a , (�., � a�— Approved by Mayor: Date �� «CSC� BY: �-� � By: � � Approved by Mayor for Submission to Council BY� �,_ t il�— � oa -�"ty Division of Code Enforcement 266-8439 27, 2000 osiiiioo GREEN SHEET No � �2301 - wmw:. wmvoa. � �,�,.��.� �� w� wR � rn.,..mar ❑ m.nmc w � � xourwc � ❑nwwu��ao�vcEaoa wuMCU�aenvKCra_ TOTAL # OF SIGNATURE PAGES � wva�weuasaxn (CLIP ALL LOCATIONS FOR SIGNATUR� City Council to pass ttris resolution which will order the owner(s) to remove or repau 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 builcling. The subject property is located at 108 Atwater Street. PL4NNING COMMISSION CIB CAMMITfEE CNIL SERViCE COMMISSION Flas �tJs P�� ever va�ked uMer a cadraet 6or Uis YES NO Fias tlxe P�eml6rm ever heen a aty anDb1'ee? YES NO Dces this persaJfiim poasess a sldll not ranrel�Y0�se0 M�Y artent ciry emWoYee4 PI�-=:PS b Mis petawVRrm a targe[etl veMo(t VES NO °1TiRI�''S�Rtff��J'€s°8 i4ft3� in Chapter 45 and a vacant buiiding as defined in Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 108 Atwater Street by July 5, 2000, and haue failed to comply with those orders. The City will eliminate a nuisance. AUG 16 2000 CITY ATTORNE� )ISADVANTAGES IFAPPROVED The City will spend fixnds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. sance condition will remain unabated in the City. This building(s) wiil continue to blight the community. M1OUN7 OF TRANSACTON S � - � CO37IREVENUE 8tlDGE7EA (CIRCLE ONE� YE3 NO_ __" sourtee Nnicance Housing Abatement �mrrHU�a 33261 � �iC� C INFORMATION (IXPWM ea __.p/.� �¢- ��F1 �`• ��^ Council File # ✓ REPORT Date: September 5, 2000 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legisla6ve Hearing Officer 1. Appeal of Summary Abatement Order at 79 Virguria Street. Legisiative Hearing Officer recommended denying the appeal. d e-I'94 2. Resolution ordering the owner to remove or repair the properry at 828 Cook Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing O�cer recommended granting the owner six mottths to complete rehabilitation of the property on the condition that the following is done by noon of September 27, 2000: 1} a code compliance inspection is completed, 2) a$2,000 bond is posted. Laid Over Summary Abatements: J0003AA Property clean-up at the following properties: vacant lot on Ross Avenue, 1153 Sherburne Avenue, 762 Thomas Avenue, 244 Aurora Avenue. J0002V V Towing of abandoned vehicle from private property at the following locations: 99 hatch Avenue, 1163 Minnehaha Avenue West. 762 Thomas Avenue. (J0003AA) (Laid over from 8/15/00) Legislative Hearing Officer recommended approving the assessment. 99 Hatch Avenue. (J0002W) (Laid over from 8/15/00) Legislative Hearing Officer recommended reducing the assessment from $835.40 to $155 plus the $45 service fees for a total assessment of $200. 1163 Minnehaha Avenue West. (J0002V� (Laid over from 8/15/00) Legislative Hearing Officer recommended reducing the assessment from $474.41 to $155 plus the $45 service fee for a total assessment of $200. 1153 Sherburne Avenue. (J0003AA) (Laid over from 8/15/00) Legislative Hearing O�cer recommended reducing the assessment from $306 to $200 plus the $45 service fee for a total assessment of $245. Vacant lot on Ross Avenue. (J0003AA) (Laid over from 8/I S/00) Legislative Hearing Officer recommended approval ofthe assessment. oo-!'fy LEGISLATIVE HEARING REPORT OF 9-5-2000 Page 2 244 Aurora Avenue. (J0003AA) (Laid over from 8/23/00 City Council meeting) Legislative Hearing O�cer recommended approval of the assessment. � r� Resolution ordering the owner to remove or repair the property at 108 Atwater Street. If ` the owner fails to comply with the resolurion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove or repair the property at 1246 Seventh Street East. If the owner fails to comply with the resolurion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommended approval. 6. Appeal of suu�mary abatement order at 641 Lincoln Avenue (heard at the 130 meeting). Legislative Hearing Officer recommended denying the appeal. The meeting was adjourned at 11:03 a.m. rrn oo-�'� NIINUTES OF TI� LEGISLATIVE HEARING Tuesday, September 5, 2000 Room 330 Courthouse Gerry Stratlunan, Legislative Hearing Officer STAFF PRESENT: Roxanna Flink, Real Estate; Dick Lippert, Code Enforcement; Steve Magner, Code Enforcement; Paula Seeley, Code Enforcement The meeting was called to order at 10:02 am. AQpeal of Summary Abatement Order at 79 Vir�nia Street (Paula Seeley gave Mr. Sirathman photographs. These photographs were also seen by Paul Johnson.) Paul Johnson, owner, appeared and stated everyone trims their hedges the way he trims them: they go over the sidewalk. Yet, no one else is being harassed. He installed a fence and put in plants to let a natural gazden grow, but Ms. Seeley says they aze weeds. (Mr. Johnson showed Mr. Strathman photographs of other properties with the same style as Mr. Johnson's.) Gerry Strathman asked about the photograph showing the front of the house with the weeds looking very high. Mr. Johnson responded he cuts them twice a week. Mr. Strathman asked what is his proposal. Mr. Johnson responded he has not been treated very weil. If the City goes after him, they should go after everyone or leave him alone. Paula Seeley reported she received a complaint about bushes overhanging the public sidewalk. She went to the properry and issued a sununary abatement. There was tree debris and large logs in the driveway; the bushes obstruct the public sidewalk. She would like the bushes cut to a height of seven feet. Public Works Ordinance Enforcement has also issued orders to cut the height back to seven feet. A. Nazdi stated he hopes this is not a case of someone trying to devalue a properiy in order to pnrchase it. There were offers made to purchase the whole corner for $200,000. Mr. 7ohnson has cieaned the property. The yazd does not look worse than any other yazd on Summit Avenue. Mr. Strathman stated the orders read tree debris in the driveway. Mr. Johnson responded there were two logs in the driveway. He pians to saw them and use them for firewood. Generally speaking, Mr. Strathman stated, the City's enforcement methods are complaint oriented. Sometimes the inspectors see things and cite them, but normally they just respond to complaints. It is possible that there are properties that no one has complained about. Mr. sa-d^9Y LEGISLATIVB HEARING MINi3TES OF 9-5-2000 Page 2 Johnson responded it is also possible that an inspector initiated a complaint where there was not one. Mr. Strathman responded that is not likely. Mr. Strathman stated the order also reads to "cut all the overhanging bushes on both sides of the street that aze obstructing the public sidewallc." Mr. I3ardi responded there is only one side of the street and it is a corner lot Ms. Seeley stated it is the corner of Vuginia and Summit and all along Virginia Street needs to be cirt. Mr. Johnson stated he is 5'11' and he cuts the bushes above him twice a week. This has not been a problem for 25 yeazs. Mr. Strathman stated he will deny the appeal. This matter will come before the City Council on September 27. Sometime in the nea�t three weeks, the bush height in the front should be corrected, and the two logs should be disposed of. He is not bothered by the growth in the alley. Mr. Nardi stated the house is being painted and he does not want debris and sawdust blowing against the paint. He requested an extension to October 1. Mr. Strathman responded the order before him has to do with tree debris and bushes overhanging the sidewalk. In three weeks, the owner can figure out a way to do cutting and painting so they do not conflict. Gerry Strathman recommended denying the appeal. Summary Abatement: 238 Winona Street East (J0004B) (Note: File J0004B is scheduled to come before the Legislative Hearing Officer on September 19. The hearing officer allowed this address to be heazd today.) Stephen Chamberlain, owner, appeared and stated he received a letter in the mail. Something happened to the house on April 1 and it was boazded up. Mr. Chamberlain did not own the house at that time; he purchased the property on May 17 and will be moving in soon. He was suppose to attend the hearing on September 19, but was told he could do this today. Steve Magner stated the building was owned by HUD (Housing and Urban Development) on April l. Police were called to the scene, saw there was open access, and called a boarding contractor to have the property secured. The assessment is $35Q for three boards installed. Code Enforcement then contacted First Preston, property manager, to tell them this had been done. Mr. Strathman asked were they told there was a pending assessment against the properly. Mr. Chamberlain responded he spent an hour signing papers and does not know if it was in those papers or not. Mr. Strathman stated the assessment goes against the property, and the owner is legally responsible for any assessments. T'he seller is usually required to tell the buyer about a pending assessment. With HUD properties, Mr. Strathxuan is less certain about their requirements. Mr. Magner responded that the bill was not sent to Taxation or the assessment was not done unril the middle of May; therefore, that bill may not haue been caught. Oa-j'!'/ LEGISLATIVE HEARING MINUTES OF 9-5-2000 Page 3 Mr. Strathman stated it seems that Mr. Chamberlain shouid go back to F3UD and tell them the properry was sold with a pending assessment. Mr. Magner added that these situations are what tifle insurance is for. Mr. Chamberlain asked what will happen to him while he pursues this with HIJD. Roxanne Flink e�cplained that he will receive an invoice to be paid within 30 days. If it is not paid, it will appear to the 2001 property taYes. Gerry Strathman recommended approving the assessment. Resolution ordering the owner to remove or repair the property at 828 Cook Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Steve Magner gave Mr. Strathman photographs.} Steve Magner reported the building has been vacant since 4-4-98. The owner is Francis J. Patterson. Five summary abatement notices have been issued to remove debris, cut tall grass, and secure the dwelling. On 6-7-00, an inspection of the building was conducted and list of deficiencies that constitute a nuisance were developed and photographs were taken. The properry remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees aze paid. Tasation has placed an estimated mazket value of $20,000 on the property. A code compliance inspection has not been applied for. The bond has not been posted. Code Enforcement estimates the repairs to be $20,000 to $25,000; the cost of demolition, $5,000 to $6,000. Francis J. Patterson, owner, appeazed and stated the inspector was out in July and said he would give him six months to get half of the work done and another six montl�s to complete it, but Mr. Patterson did not get any information from this inspector. He will put up the bond. He asked who came out in July. Mr. Magner responded Rich Singerhouse performed a building deficiency inspection in July. Gerry Strathman recommended granting the owner six months to compete rehabilitation of the properly on the condition that the following is done by noon of September 27, 2000: 1) a code compliance inspecrion is comgleted, 2j a$2,000 bond is posted. Mr. Magner explained that if Mr. Patterson fails to comply with the conditions, the resolurion before the City Council will be to repair or remove within 15 days. Summary Abatement: Property clean up at 762 Thomas Avenue. (J0003AA) (Laid over from 8/15l00) Roxanne DeFlorin, representing her mother, appeared. The bathroom and kitchen were being remodeled. There was a dumpster in the back and people were tt�rowing items into it. When the dumpster was removed later, people still continued to throw items behind the gazage and the fence. Her mother got a summons to remove all the items. Roxanne DeFlorin called the City LEGISLATIVE HEARING MINiJTES OF 9-5-2000 Da —!'9�/ Page 4 because her mother could not afford to remove the items. Neighborhood children set the items and the garage on fue. Her mother cannot afford the cleanup cost. Dick Lippert stated he concurs with what Ms. DeFlarin said. The City's position is that property owners aze responsible for whatever happens on their property. Ms_ DeFlorin asked what recourse people have. Mr. Strathman responded the least expensive thing to do is hire a private company to clean up the properry. He does not see any basis for not approving the assessment. The owner received notification and did not clean it up. Roxanne Flink stated there have been situations where the insurance company will cover the cost of this assessment in addition to the claim for the gazage. Gerry Sh�athman recommended approving the assessment. Summarv Abatement: Towin� of abandoned vehicle at 99 Aatch Avenue (70002V� (Laid over from 8/15/00) The following appeazed: Jesse Ryan and Susan_Fairchild. Mr. Ryan stated the caz was inoperable and pazked in the back of the house neart to the gazage. He had been inquiring about places to pick it up. He came home one day and the car was gone. Just about three weeks ago, they moved to Walker, Minnesota. Dick Lippert reported they were out at the property on November 9, found it in violation, and sent a sumuiary abatement order addressed to Mr. Ryan and Ms. Fairchild. They also sent one addressed to occupant. The mail was not returned. On the recheck, the car was still there, an order was issued, and it was towed. Gerry Strathman stated the amount of the assessment seems lazge. Mr. Lippert responded his guess is storage. Mr. Strathman recommended reducing the assessment from $835.40 to $155 plus the $45 service fees for a total assessment of $200. This will cover the cost of the towing. Summary Abatement: Towing of abandoned vehicle at 1163 Minnehaha Avenue West. (30002V� (Laid over from S/15l00) Nancy Watkins, owner, appeared and stated she had a car that she sold to someone for $50. The person never came to pick up the car. She tried calling the person, and found the phone was disconnected. Ms. Watkins got a notice from the City. Her son got the car rumiing and took it over to this person's house. The person had died, and Ms. Watkins never Imew about it. Dick Lippert stated he had no fi�rther information on this matter. oa_d�y LEGISLATTVE HEARING MINLITES OF 9-5-2000 Page 5 C:erry Strathman reduced the assessment from $474.41 to $155 plus the $45 service fee for a total assessment of $200. Summary Abatement: Property clean up at 1153 Sherhume Avenue. (J0003AA) (Laid over from 8/15/00) Chris Lahaie stated this is regarding the removal of a couch on the property. There were two couches, one of wluch he had removed. Notices had been going to the wrong zip code. He was suppose to be here for the last hearing, but received his notice too late. He has complied with everything in Code Enforcement. Gerry Strathman staied six summary abatement notices have been sent since last December. Dick Lippert responded there were recurring problems. Mr. Sh asked where the furnihue came from. Mr. Lahaie responded it was from one of his tenants. He has received notices and has been in the process of getting rid of the tenants. Ae has taken approximately $800 of garbage out already. This couch is the only item that got picked up by the City. Notices were going to the house on Sherbume, but Mr. Lahaie lives on St. Clair. Also, notices were sent to 55105, which is the wrong zip code. Mr. Lippert asked has the address with Ramsey County been changed; the official address listed with Ramsey County is 1153 Sherbume. Mr. Lahaie responded the tiUe company sent the information to the County and Mr. Lahaie also called the County in the spring. He was told everything was conect. (A videotape was shown.) Mr. Lahaie stated he removed items before and after the city removed the items on the videotape. The new tenant put another couch outside. He has complied with all other notices received and there is no reason for lum not to comply with this notice. Also, trash service comes the next day. Mr. Strathman stated he believes Mr. Lahaie was notified as required by law. It is troublesome that there were six notices sent to this address in seven months. However, the owner could make an azgument that the trash, though not properiy stored, may not have been there for a long dme. The couches cleazly have. Gerry Strathman reduced the assessment from $306 to $200 plus the $45 service fee for a total assessment of $245. Mr. Strathxnan recommended Mr. Lahaie go to Ramsey County Tasauon Records to make sure the address is correct there. Mr. Lippert stated the owner needs to get control of his building and keep control. If Code Enforcement has to go back repeatedly, they will step up the time frame to get the building under control. LEGISLATIVE HEARING MINIJTES OF 9-5-2000 Summary Abatement: Property clean up on vacant lot on Ross Avenue. (J0003AA) (Laid over from 8/15/00} (No one appeared to represent the properry.) Gerry Strathman denied the appeal. Summary Abatement: Property clean up at 244 Aurora Avenue. (J0003AA) (Laid over from 8/23/00 City Council meeting) (No one appeared to represent the properry.) Gerry Strathman denied the appeal. oa-p�Y Page 6 � Resolution ordering the owner to remove or repair the property at 168 Atwater Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared to represent the properry.) Gerry Strathman recommended approval for the following reasons: the vacant building fees are due, there are ungaid real estate tases, no code compliance has been applied for, and no bond has been posted. Resolution ordering the owner to remove or repair the property at 1246 Seventh 5treet East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman stated the vacant fees are due, a citation has been issued, the property taaces are unpaid, a code compliance inspection was done, and a bond has not been posted. Steve Magner stated the inspection was from 1997, and it would have to be verified if it is srill valid. Gerry Strathman recommended approval. (Note: Appeal of summary abatement order at 641 Lincoln Avenue is on the 1:30 agenda.) The meeting was adjoumed at 11:03 a.m. � C[TIZEN SERVICE OFF[CE Fred Owusu, Ciry Clerk CITY OF SAII�]T PAUL Norm Co!¢man, Mayor AUgUSt 11, 2000 DNISION OF PROPERTY CODE EYFORCEMEN'I Michael R Morehead, Program ,ifanager Nuisance Building Code Enfarcemen� IS W. KeIlvggBlvd. Rm. 190 7'ef: 651-266-8440 Sain� Paul, MNSSl02 Faz: 651-266-5426 NOTICE OF PUBLIC HEARIl�'GS Council President and Members of the City Council tiO " Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requesteil��ie City Council schedule pubiic hearin�s to consider a resolution orderin� the,repair or removai of the nuisance building(s) located at: 108 Atwater Street The City Council has scheduled the date of these hearings as follo�vs: Legislative Hearing - Tuesday, September 5, 2000 City Council Hearing - Wednesday, September 27, 2000 The owners and responsible parties of record are: Name and Last Known Address Banker's Trust Company of Califomia c/o Advanta Mort�age Corp. USA 10790 Rancho Bernardo Rd. San Diego, CA 92127-5705 Intzrest Fee Owner Counc;t Rgsp?�c� G�n�� The legal description of this property is: ��€� �.7 Z� Lot 3, Block 2, Lockey's Addition to the City of Saint Paul. Division of Code Enforcement has declared this building(s) to constimt��`"rnri�arice" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razin� and removing this buildin�(s). De-Y9'y 108 Atwater Street August 11, 2000 Page 2 Inasmuch as this Order to Abate has not been complied �vith the nuisance condition remains unabated, the community continues to suffer the bli�hting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� the responsible parties to either repair, or demolish and remoce this building in a timely manner, and failing that, authorize the Divisi6n 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 tases. Sincerely, Steve 1Vfagner Steve Ma�ner _ Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Me�han Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housin� Division � ccnph t�;RsUIIVA� Council File # Q p — � Green Sheet #/O a 3 O 1 RESOLUTION SAINT PAUL, MINNESOTA Presented By Refened To Committee: Date S� 1 WFIEREAS, Cifizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecldng and 3 removal of a two-story, wood frame duplex located on property hereinafter refezred to as the "Subject 4 Properiy" and commonly lrnown as108 Atwater Street. This properiy is legally described as follows, to 5 wit: 6 7 8 9 10 11 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 Lot 3, Block 2, Lockey's Addition to the City of Saint Paul.. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on ar before Apri124, 2000, the following are the now known interested or responsible parties for the Subject Properiy: Banker's Trust Company of Califomia, c/o Advanta Mortgage Corp. USA, 10790 Rancho Bernardo Rd., San Diego, CA 92127-5705 WHEREAS, Division of Code Enfarcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated June 5, 2000; and 4Vf1EREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this ordex informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by July 5, 2000; and WHEREAS, the enfarcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subj ect 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 Legislarive Hearing Officer of the City Council and the Saint Paul City Council; and WI3EREAS, the interested and responsible parties haue been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held befare the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, September 5, 2Q00 to heaz testimony and evidence, and after receiving testunony and evidence, made the recommendarion to approve the request to arder the interested or responsible parties to make the Subject Properry safe and not deh-imental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shuchxre in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accardance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and OR1GfNAL QO 1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 27, 2 2000 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 3 considered by the Council; now therefore 4 5 BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced 6 public hearings, the Sa3nt Paul City Council hereby adopts the following Findings and Order concerning 7 the Subject Properry at 108 Atwater Street: 10 11 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 45 46 47 48 1. 2. 3. 4. 5. 6. That the Subject Proper[y comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of tlus building(s) is estimated to exceed three thousand doliazs ($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 lrnown 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 subj ect to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The 5aint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on tbe community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accardance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within 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 Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. OR�GtNA� be-r�+y 1 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 2 properry or fixtures of any kiud which interfere with the demolirion and removal shall be removed 3 from the property by the responsible parties by the end of this tune period. Tf all personal property 4 is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and 5 dispose of such property as provided by law. 4. It is fitrther ordered, that a copy of this resolution be mailed to the owners and interested parties in accardance with Chapter 45 ofthe Saint Paul Legislative Code. Benanav B a ev Bostrom Co e� Harris Lantrv Reiter Requested by Department o£ Citizen Service Office; Code Enforcement By: � `� `^�`✓`^ -�� {� �� Adopted by Council: Date ��,��. ,.11 A.00 0 � Adoption Certified by Council Secretary Form Approved by City Attorney B a , (�., � a�— Approved by Mayor: Date �� «CSC� BY: �-� � By: � � Approved by Mayor for Submission to Council BY� �,_ t il�— � oa -�"ty Division of Code Enforcement 266-8439 27, 2000 osiiiioo GREEN SHEET No � �2301 - wmw:. wmvoa. � �,�,.��.� �� w� wR � rn.,..mar ❑ m.nmc w � � xourwc � ❑nwwu��ao�vcEaoa wuMCU�aenvKCra_ TOTAL # OF SIGNATURE PAGES � wva�weuasaxn (CLIP ALL LOCATIONS FOR SIGNATUR� City Council to pass ttris resolution which will order the owner(s) to remove or repau 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 builcling. The subject property is located at 108 Atwater Street. PL4NNING COMMISSION CIB CAMMITfEE CNIL SERViCE COMMISSION Flas �tJs P�� ever va�ked uMer a cadraet 6or Uis YES NO Fias tlxe P�eml6rm ever heen a aty anDb1'ee? YES NO Dces this persaJfiim poasess a sldll not ranrel�Y0�se0 M�Y artent ciry emWoYee4 PI�-=:PS b Mis petawVRrm a targe[etl veMo(t VES NO °1TiRI�''S�Rtff��J'€s°8 i4ft3� in Chapter 45 and a vacant buiiding as defined in Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 108 Atwater Street by July 5, 2000, and haue failed to comply with those orders. The City will eliminate a nuisance. AUG 16 2000 CITY ATTORNE� )ISADVANTAGES IFAPPROVED The City will spend fixnds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. sance condition will remain unabated in the City. This building(s) wiil continue to blight the community. M1OUN7 OF TRANSACTON S � - � CO37IREVENUE 8tlDGE7EA (CIRCLE ONE� YE3 NO_ __" sourtee Nnicance Housing Abatement �mrrHU�a 33261 � �iC� C INFORMATION (IXPWM ea __.p/.� �¢- ��F1 �`• ��^ Council File # ✓ REPORT Date: September 5, 2000 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legisla6ve Hearing Officer 1. Appeal of Summary Abatement Order at 79 Virguria Street. Legisiative Hearing Officer recommended denying the appeal. d e-I'94 2. Resolution ordering the owner to remove or repair the properry at 828 Cook Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing O�cer recommended granting the owner six mottths to complete rehabilitation of the property on the condition that the following is done by noon of September 27, 2000: 1} a code compliance inspection is completed, 2) a$2,000 bond is posted. Laid Over Summary Abatements: J0003AA Property clean-up at the following properties: vacant lot on Ross Avenue, 1153 Sherburne Avenue, 762 Thomas Avenue, 244 Aurora Avenue. J0002V V Towing of abandoned vehicle from private property at the following locations: 99 hatch Avenue, 1163 Minnehaha Avenue West. 762 Thomas Avenue. (J0003AA) (Laid over from 8/15/00) Legislative Hearing Officer recommended approving the assessment. 99 Hatch Avenue. (J0002W) (Laid over from 8/15/00) Legislative Hearing Officer recommended reducing the assessment from $835.40 to $155 plus the $45 service fees for a total assessment of $200. 1163 Minnehaha Avenue West. (J0002V� (Laid over from 8/15/00) Legislative Hearing Officer recommended reducing the assessment from $474.41 to $155 plus the $45 service fee for a total assessment of $200. 1153 Sherburne Avenue. (J0003AA) (Laid over from 8/15/00) Legislative Hearing O�cer recommended reducing the assessment from $306 to $200 plus the $45 service fee for a total assessment of $245. Vacant lot on Ross Avenue. (J0003AA) (Laid over from 8/I S/00) Legislative Hearing Officer recommended approval ofthe assessment. oo-!'fy LEGISLATIVE HEARING REPORT OF 9-5-2000 Page 2 244 Aurora Avenue. (J0003AA) (Laid over from 8/23/00 City Council meeting) Legislative Hearing O�cer recommended approval of the assessment. � r� Resolution ordering the owner to remove or repair the property at 108 Atwater Street. If ` the owner fails to comply with the resolurion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove or repair the property at 1246 Seventh Street East. If the owner fails to comply with the resolurion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommended approval. 6. Appeal of suu�mary abatement order at 641 Lincoln Avenue (heard at the 130 meeting). Legislative Hearing Officer recommended denying the appeal. The meeting was adjourned at 11:03 a.m. rrn oo-�'� NIINUTES OF TI� LEGISLATIVE HEARING Tuesday, September 5, 2000 Room 330 Courthouse Gerry Stratlunan, Legislative Hearing Officer STAFF PRESENT: Roxanna Flink, Real Estate; Dick Lippert, Code Enforcement; Steve Magner, Code Enforcement; Paula Seeley, Code Enforcement The meeting was called to order at 10:02 am. AQpeal of Summary Abatement Order at 79 Vir�nia Street (Paula Seeley gave Mr. Sirathman photographs. These photographs were also seen by Paul Johnson.) Paul Johnson, owner, appeared and stated everyone trims their hedges the way he trims them: they go over the sidewalk. Yet, no one else is being harassed. He installed a fence and put in plants to let a natural gazden grow, but Ms. Seeley says they aze weeds. (Mr. Johnson showed Mr. Strathman photographs of other properties with the same style as Mr. Johnson's.) Gerry Strathman asked about the photograph showing the front of the house with the weeds looking very high. Mr. Johnson responded he cuts them twice a week. Mr. Strathman asked what is his proposal. Mr. Johnson responded he has not been treated very weil. If the City goes after him, they should go after everyone or leave him alone. Paula Seeley reported she received a complaint about bushes overhanging the public sidewalk. She went to the properry and issued a sununary abatement. There was tree debris and large logs in the driveway; the bushes obstruct the public sidewalk. She would like the bushes cut to a height of seven feet. Public Works Ordinance Enforcement has also issued orders to cut the height back to seven feet. A. Nazdi stated he hopes this is not a case of someone trying to devalue a properiy in order to pnrchase it. There were offers made to purchase the whole corner for $200,000. Mr. 7ohnson has cieaned the property. The yazd does not look worse than any other yazd on Summit Avenue. Mr. Strathman stated the orders read tree debris in the driveway. Mr. Johnson responded there were two logs in the driveway. He pians to saw them and use them for firewood. Generally speaking, Mr. Strathman stated, the City's enforcement methods are complaint oriented. Sometimes the inspectors see things and cite them, but normally they just respond to complaints. It is possible that there are properties that no one has complained about. Mr. sa-d^9Y LEGISLATIVB HEARING MINi3TES OF 9-5-2000 Page 2 Johnson responded it is also possible that an inspector initiated a complaint where there was not one. Mr. Strathman responded that is not likely. Mr. Strathman stated the order also reads to "cut all the overhanging bushes on both sides of the street that aze obstructing the public sidewallc." Mr. I3ardi responded there is only one side of the street and it is a corner lot Ms. Seeley stated it is the corner of Vuginia and Summit and all along Virginia Street needs to be cirt. Mr. Johnson stated he is 5'11' and he cuts the bushes above him twice a week. This has not been a problem for 25 yeazs. Mr. Strathman stated he will deny the appeal. This matter will come before the City Council on September 27. Sometime in the nea�t three weeks, the bush height in the front should be corrected, and the two logs should be disposed of. He is not bothered by the growth in the alley. Mr. Nardi stated the house is being painted and he does not want debris and sawdust blowing against the paint. He requested an extension to October 1. Mr. Strathman responded the order before him has to do with tree debris and bushes overhanging the sidewalk. In three weeks, the owner can figure out a way to do cutting and painting so they do not conflict. Gerry Strathman recommended denying the appeal. Summary Abatement: 238 Winona Street East (J0004B) (Note: File J0004B is scheduled to come before the Legislative Hearing Officer on September 19. The hearing officer allowed this address to be heazd today.) Stephen Chamberlain, owner, appeared and stated he received a letter in the mail. Something happened to the house on April 1 and it was boazded up. Mr. Chamberlain did not own the house at that time; he purchased the property on May 17 and will be moving in soon. He was suppose to attend the hearing on September 19, but was told he could do this today. Steve Magner stated the building was owned by HUD (Housing and Urban Development) on April l. Police were called to the scene, saw there was open access, and called a boarding contractor to have the property secured. The assessment is $35Q for three boards installed. Code Enforcement then contacted First Preston, property manager, to tell them this had been done. Mr. Strathman asked were they told there was a pending assessment against the properly. Mr. Chamberlain responded he spent an hour signing papers and does not know if it was in those papers or not. Mr. Strathman stated the assessment goes against the property, and the owner is legally responsible for any assessments. T'he seller is usually required to tell the buyer about a pending assessment. With HUD properties, Mr. Strathxuan is less certain about their requirements. Mr. Magner responded that the bill was not sent to Taxation or the assessment was not done unril the middle of May; therefore, that bill may not haue been caught. Oa-j'!'/ LEGISLATIVE HEARING MINUTES OF 9-5-2000 Page 3 Mr. Strathman stated it seems that Mr. Chamberlain shouid go back to F3UD and tell them the properry was sold with a pending assessment. Mr. Magner added that these situations are what tifle insurance is for. Mr. Chamberlain asked what will happen to him while he pursues this with HIJD. Roxanne Flink e�cplained that he will receive an invoice to be paid within 30 days. If it is not paid, it will appear to the 2001 property taYes. Gerry Strathman recommended approving the assessment. Resolution ordering the owner to remove or repair the property at 828 Cook Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Steve Magner gave Mr. Strathman photographs.} Steve Magner reported the building has been vacant since 4-4-98. The owner is Francis J. Patterson. Five summary abatement notices have been issued to remove debris, cut tall grass, and secure the dwelling. On 6-7-00, an inspection of the building was conducted and list of deficiencies that constitute a nuisance were developed and photographs were taken. The properry remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees aze paid. Tasation has placed an estimated mazket value of $20,000 on the property. A code compliance inspection has not been applied for. The bond has not been posted. Code Enforcement estimates the repairs to be $20,000 to $25,000; the cost of demolition, $5,000 to $6,000. Francis J. Patterson, owner, appeazed and stated the inspector was out in July and said he would give him six months to get half of the work done and another six montl�s to complete it, but Mr. Patterson did not get any information from this inspector. He will put up the bond. He asked who came out in July. Mr. Magner responded Rich Singerhouse performed a building deficiency inspection in July. Gerry Strathman recommended granting the owner six months to compete rehabilitation of the properly on the condition that the following is done by noon of September 27, 2000: 1) a code compliance inspecrion is comgleted, 2j a$2,000 bond is posted. Mr. Magner explained that if Mr. Patterson fails to comply with the conditions, the resolurion before the City Council will be to repair or remove within 15 days. Summary Abatement: Property clean up at 762 Thomas Avenue. (J0003AA) (Laid over from 8/15l00) Roxanne DeFlorin, representing her mother, appeared. The bathroom and kitchen were being remodeled. There was a dumpster in the back and people were tt�rowing items into it. When the dumpster was removed later, people still continued to throw items behind the gazage and the fence. Her mother got a summons to remove all the items. Roxanne DeFlorin called the City LEGISLATIVE HEARING MINiJTES OF 9-5-2000 Da —!'9�/ Page 4 because her mother could not afford to remove the items. Neighborhood children set the items and the garage on fue. Her mother cannot afford the cleanup cost. Dick Lippert stated he concurs with what Ms. DeFlarin said. The City's position is that property owners aze responsible for whatever happens on their property. Ms_ DeFlorin asked what recourse people have. Mr. Strathman responded the least expensive thing to do is hire a private company to clean up the properry. He does not see any basis for not approving the assessment. The owner received notification and did not clean it up. Roxanne Flink stated there have been situations where the insurance company will cover the cost of this assessment in addition to the claim for the gazage. Gerry Sh�athman recommended approving the assessment. Summarv Abatement: Towin� of abandoned vehicle at 99 Aatch Avenue (70002V� (Laid over from 8/15/00) The following appeazed: Jesse Ryan and Susan_Fairchild. Mr. Ryan stated the caz was inoperable and pazked in the back of the house neart to the gazage. He had been inquiring about places to pick it up. He came home one day and the car was gone. Just about three weeks ago, they moved to Walker, Minnesota. Dick Lippert reported they were out at the property on November 9, found it in violation, and sent a sumuiary abatement order addressed to Mr. Ryan and Ms. Fairchild. They also sent one addressed to occupant. The mail was not returned. On the recheck, the car was still there, an order was issued, and it was towed. Gerry Strathman stated the amount of the assessment seems lazge. Mr. Lippert responded his guess is storage. Mr. Strathman recommended reducing the assessment from $835.40 to $155 plus the $45 service fees for a total assessment of $200. This will cover the cost of the towing. Summary Abatement: Towing of abandoned vehicle at 1163 Minnehaha Avenue West. (30002V� (Laid over from S/15l00) Nancy Watkins, owner, appeared and stated she had a car that she sold to someone for $50. The person never came to pick up the car. She tried calling the person, and found the phone was disconnected. Ms. Watkins got a notice from the City. Her son got the car rumiing and took it over to this person's house. The person had died, and Ms. Watkins never Imew about it. Dick Lippert stated he had no fi�rther information on this matter. oa_d�y LEGISLATTVE HEARING MINLITES OF 9-5-2000 Page 5 C:erry Strathman reduced the assessment from $474.41 to $155 plus the $45 service fee for a total assessment of $200. Summary Abatement: Property clean up at 1153 Sherhume Avenue. (J0003AA) (Laid over from 8/15/00) Chris Lahaie stated this is regarding the removal of a couch on the property. There were two couches, one of wluch he had removed. Notices had been going to the wrong zip code. He was suppose to be here for the last hearing, but received his notice too late. He has complied with everything in Code Enforcement. Gerry Strathman staied six summary abatement notices have been sent since last December. Dick Lippert responded there were recurring problems. Mr. Sh asked where the furnihue came from. Mr. Lahaie responded it was from one of his tenants. He has received notices and has been in the process of getting rid of the tenants. Ae has taken approximately $800 of garbage out already. This couch is the only item that got picked up by the City. Notices were going to the house on Sherbume, but Mr. Lahaie lives on St. Clair. Also, notices were sent to 55105, which is the wrong zip code. Mr. Lippert asked has the address with Ramsey County been changed; the official address listed with Ramsey County is 1153 Sherbume. Mr. Lahaie responded the tiUe company sent the information to the County and Mr. Lahaie also called the County in the spring. He was told everything was conect. (A videotape was shown.) Mr. Lahaie stated he removed items before and after the city removed the items on the videotape. The new tenant put another couch outside. He has complied with all other notices received and there is no reason for lum not to comply with this notice. Also, trash service comes the next day. Mr. Strathman stated he believes Mr. Lahaie was notified as required by law. It is troublesome that there were six notices sent to this address in seven months. However, the owner could make an azgument that the trash, though not properiy stored, may not have been there for a long dme. The couches cleazly have. Gerry Strathman reduced the assessment from $306 to $200 plus the $45 service fee for a total assessment of $245. Mr. Strathxnan recommended Mr. Lahaie go to Ramsey County Tasauon Records to make sure the address is correct there. Mr. Lippert stated the owner needs to get control of his building and keep control. If Code Enforcement has to go back repeatedly, they will step up the time frame to get the building under control. LEGISLATIVE HEARING MINIJTES OF 9-5-2000 Summary Abatement: Property clean up on vacant lot on Ross Avenue. (J0003AA) (Laid over from 8/15/00} (No one appeared to represent the properry.) Gerry Strathman denied the appeal. Summary Abatement: Property clean up at 244 Aurora Avenue. (J0003AA) (Laid over from 8/23/00 City Council meeting) (No one appeared to represent the properry.) Gerry Strathman denied the appeal. oa-p�Y Page 6 � Resolution ordering the owner to remove or repair the property at 168 Atwater Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared to represent the properry.) Gerry Strathman recommended approval for the following reasons: the vacant building fees are due, there are ungaid real estate tases, no code compliance has been applied for, and no bond has been posted. Resolution ordering the owner to remove or repair the property at 1246 Seventh 5treet East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman stated the vacant fees are due, a citation has been issued, the property taaces are unpaid, a code compliance inspection was done, and a bond has not been posted. Steve Magner stated the inspection was from 1997, and it would have to be verified if it is srill valid. Gerry Strathman recommended approval. (Note: Appeal of summary abatement order at 641 Lincoln Avenue is on the 1:30 agenda.) The meeting was adjoumed at 11:03 a.m. � C[TIZEN SERVICE OFF[CE Fred Owusu, Ciry Clerk CITY OF SAII�]T PAUL Norm Co!¢man, Mayor AUgUSt 11, 2000 DNISION OF PROPERTY CODE EYFORCEMEN'I Michael R Morehead, Program ,ifanager Nuisance Building Code Enfarcemen� IS W. KeIlvggBlvd. Rm. 190 7'ef: 651-266-8440 Sain� Paul, MNSSl02 Faz: 651-266-5426 NOTICE OF PUBLIC HEARIl�'GS Council President and Members of the City Council tiO " Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requesteil��ie City Council schedule pubiic hearin�s to consider a resolution orderin� the,repair or removai of the nuisance building(s) located at: 108 Atwater Street The City Council has scheduled the date of these hearings as follo�vs: Legislative Hearing - Tuesday, September 5, 2000 City Council Hearing - Wednesday, September 27, 2000 The owners and responsible parties of record are: Name and Last Known Address Banker's Trust Company of Califomia c/o Advanta Mort�age Corp. USA 10790 Rancho Bernardo Rd. San Diego, CA 92127-5705 Intzrest Fee Owner Counc;t Rgsp?�c� G�n�� The legal description of this property is: ��€� �.7 Z� Lot 3, Block 2, Lockey's Addition to the City of Saint Paul. Division of Code Enforcement has declared this building(s) to constimt��`"rnri�arice" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razin� and removing this buildin�(s). De-Y9'y 108 Atwater Street August 11, 2000 Page 2 Inasmuch as this Order to Abate has not been complied �vith the nuisance condition remains unabated, the community continues to suffer the bli�hting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� the responsible parties to either repair, or demolish and remoce this building in a timely manner, and failing that, authorize the Divisi6n 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 tases. Sincerely, Steve 1Vfagner Steve Ma�ner _ Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Me�han Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housin� Division � ccnph