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00-898ORIGINAL Ame.�e� - S�pt. a�, a000 Council File # po�� g Green Sheet # Jp'�3 pS RESOLUTION CITY OF SAINT PAUL, MINNESOTA C-� Presented By Refened To Committee: Date 1 WHEREAS, Citizen 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 wrecking and 3 removal of a split levei, wood frame dwelling located on property hereinafter referred to as the "Subject 4 Property" and commonly known as 1497 York Avenue. This property is legally described as follows, to 5 wit: 6 7 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 Lot 14, Block 2, Brolaneiers Subdivision of Lots 6 and 7, Block 1, Cruickshank's Garden Lots, City of St. Paul, Minn. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on ar before January 20, 2000, the following are the now known interested or responsible parties for the Subject Properiy: George Reus, 17205 Forest Blvd. North, Hugo, MN 55038; Bradley & Tammy Kerr, 1263 Hazelwood Street, Apt. #202, St. Paul, MN 55106; Bank United of Texas, 1201 E1m Street, Unit 4200, Dallas, TX 75270; Hendrie Grant, 558 Montcalm Street, St. Paul, MN 55116; Bank United of Texas, c/o Olson, Usset & Weingarden, PLLP, 4500 Pazk Glen Road #310, Mpls., MN 55416; Hendrie Grant, c/o Attorney Paul W. Fahning, Peterson, Fram & Bergman, P.A., 50 East Fifth Street, Ste. 300, St. Paul, MN 55101 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated March 15, 2000; and WTIEREAS, this arder 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 WfIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by April 14, 2000; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Aearing Officer of the City Council and the Saint Paul City Council; and .;%K � , . , oe-rqr . uIi .ar WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislarive Code, of the tune, date, place and purpose of the � 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 43 44 45 46 47 48 49 50 51 52 53 54 public hearings; and WHEREAS, a hearing was held before the Legislarive Hearing Officer of the Saint Paul City Council on Tuesday, September 19, 2000 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendarion to approve the request to order the interested or responsible parties to make the Sub}ect Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shucture in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within�ee�r(�3}days after the date of the Council Hearing; and _one.�_1�;�,1•4. (.\� to� . WHEREAS, a heanng was held�ore the Saant Paul City Council on Wednesday, September 27, 2000 and the testimony and evidence including the action taken by the Legislative Aearing Officer was considered b}� 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 Ordez concerning the Subject Properiy at 1497 Yark Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legisiative 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 ar Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject 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. That the known interested parties and owners are as previously stated in this resolurion and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 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 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 ali applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with a11 applicable codes and ardinances. The rehabilitation or demolition and removal of the structure must be completed within� �Ye� days after the date of the Council Hearing. �ohtiv*,.�,�a� e>akF� .� �i oc -r9d' 1 2. If the above corrective action is not completed witkun this period of time the Citizen Service Office, 2 Division of Code Enforcement is hereby authorized to take whatever steps aze necessary to 3 demolish and remove this shucture, fill the site and chazge the costs incurred against the Subject 4 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 6 7 9 10 11 12 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properiy or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properiy is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Benanav B a� ec� Bostrom Co� Harris Lantrv Reiter Adopted by Council: Date ..1J O e o Adoption Certified by Council Secretary : _ ' �� . � . :. . . � . - �C�l� � � : /" ";� � .., Requested by Depariment o£ Citizen Service Office: Code Enforcement By:(��,�r-�, U ��1�1�r�--� Form Approved by City Attorney Approved by Mayor for Submission to Council s r�Li�r--�- o e • f-�/� Division of Code Enforcement 27, 2000 .. :� . TOTAL # OF SIGNATURE ��, wwo.�ae�ccsoe ❑ wWCw.m�ro ��wvaet�ator�wn ❑ (CIJP ALC LOCATIONS FOR SIGNATUR� City Council to pass this resolution which will arder 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 1497 York Avenue. CQ �� c��p� ` ' ! t:� PLANNING CAMMISSION CIB COMM(REE CML SERVICE COMMISSION Hes n�s pe�soMnn ever.vnrkea awua �r�6a� rarmis aepamment� VES NO FmsttAS'ce�enR��me.vbeenacilY�vbY�� . YES NO - „ , . - Dces mis pnsaYFrm P� a sla'M not � M�Y wrte�R u1v emPbYee7 Il��F:�➢ �s tlws �uimm a tarpetea venaart YES NO . . .., y .a.. o....... ,.'"I�i��bffi4�'�'�sa'��ic�'�u��)�`�i�ed 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 Enfarcement Officer were given an order to repair or remove the building at 1497 York Avenue by April 14, 2000, and have ° failed to comply with those orders. ._ _ .�._. The City will eliminate a nuisance. ISADVAMAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. IS4DVANTAGESIFNOTAPPROVED � - A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. OF TRANSACTION S � � ► . � ' . • : � . ' u ' • � �,�� No � a2`�� Ir .' � � SEP 0 5 2000 osi2sioo � GREEN SHEET COSTRtEVENUE BUDGETm (CIRCIE ON� -( YEE � NO ACTNRYNUMBER - ��il �C� �t �S 5�. REPORT Date: September 19, 2000 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Summary Abatements: File J0003 V Towing of abandoned vehicles from private property during March 2000; File J0004A Properry clean-up from late May to June 2000; File J0004C Demolition of vacant buildings during June and July 2000; and File J0004V Towing of abandoned vehicles from private properry during Apri12000. 1045 Fremont Avenue (J0003V) Legislative Heazing Officer recommends laying over to the September.26, 2000, Legislative Hearing. 840 Montana Avenue West (J0004A) Legislative Hearing Officer recommends reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. 392 Arbor Street (J0004A) Legislative Hearing Officer recommends approval. 1027 Avon Street North (J0004A) Legislative Hearing Officer recommends approval. 1560 Western Avenue North (J0004A) Legislative Hearing Officer recommends approval. 203 Genesee Street (J0003V) Legislative Hearing Officer recommends approval. 917 Euclid Street (J0004V) Legislative Hearing Officer recommends approval. 789 Jessamine Avenue East (J0004A) Legislative Hearing Officer recommends approval. 952 Euclid Street (J0004A) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. � � �' LEGISLATIVE HEARING REPORT OF 9-19-2000 1023 Carroll Avenue (J0004A) Legislative Hearing Officer recommends approval. 769 Bun Street (J0004� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 310 Goodhue Street (J0003� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. Page 2 2. Summary Abatements: File J0004G Grass cutting during May, June, and July 2000; File J0004B Boazding up of vacant properties during April and May 2000; File 70005A Properiy clean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property duriug May 2000. 815 Robert Street South (JOOOSA) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 2020 Reanev Avenue (JOOOSA) Legislarive Hearing Officer recommends approval. 0 Flandrau (em�t�t) (JOOOSA) Legislative Hearing Officer recommends approval. 600 Grotto Street North (J0004B) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (J0005� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 238 Winona Street East (J0004B) (Heazd at the 9-9-00 meeting) Legislative Hearing Officer recommends approval. Resolution ordering the owner to remove or repair the building at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Aearing Officer recommends approval. � c�-g� � LEGISLATIVE HEARING REPORT OF 9-19-2000 Page 3 4. Resolution ordering the owner to remove or repair the building at 682 Western Avenue North. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Heazing Officer recommends granting the owner six months to complete rehabilitation of the property on the condition that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. 5. Resolufion ordering the owner to remove or repair the building at 1497 York Avenue. If the owner fails to comply with the resolufion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation of the properry. � CIT[ZEN SERV[CE OFFICE Fred Oweuu, City Cferk DIV[S[OY OF PROPERTY CODE ENFORCEME'iVT blichaet R..Llorehead, Prog�am Manager CTTY OF SAIN'T PAUL Norm Coieman, Mayar Nuisance Bu+lding Cade Ersjorcemen[ I S W. Keilogg Bivd. Rm. 190 Tel: 651-266-844Q Saint Paul, IvIN55102 Fas: 651-266-&126 oo-r�r ��+^�+ R�se2�ch Gent2r U, � �ta Au�ust 25, 2Q00 NOTICE OF PUBLIC HEARINCS Council President and Members of the City Council AtiG 31 2CG0 Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requeste��he City Council schedule public hearin�s Yo consider a resolution orderin� the.repair or removal of the nuisance building(s)located at: � 1497 York Avenue The City Council has scheduled the date of these hearin�s as follows: Legislative Hearing - Tuesday, September 19, 2000 Cit�� Council Hearing - Wednesday, September 27, 2000 The owners and responsible parties of record are: Name and Last Kno«m Address George Reus 17205 Forest Bivd. Nonh Hugo, MN 55038 Bradley & Tammy Ke�r 1263 Hazeh�ood Street, _4p�. �202 St. Panl. Ml�' S5106 Bank United of Tesas 1201 Elm Street. tinit 4200 Dallas, TX 7�270 Hendrie Grant 558 Montcalm Stree: St. Paut, b�L�t �� 116 Interest Fee Owner Contract for Deed Holder tilortgagee Purchase Agreement Holder 1497 York Avenue Auwst 25, 2000 Page 2 Name and Last Known Address Bank United of Texas c/o Olson, Usset & Weingarden, PLLP 4500 Park Glen Road �310 Mpls., � 5541b Hendrie Grant c/o Attomey Paul W. Fahnin�, Peterson, Fram & Be �trman, P.A. 50 East Fifth Street, Ste. 340 St. Paul, MN 55101 The le�al description of this property is: po��'9r Interest Foreclosure Attomey for Bank Attorney for Hendrie Grant Lot 14, Block 2, Brokmeiers Subdivision of Lots 6 and 7, Block 1, Cruickshank`��y Garden Lots, City of St. Paul, Minn. , Division of Code Enforcement has declared this buildin�(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removin� this buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer th� blighting 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 remo� e this building in a timelv manner, and failin� that, authorize the Division of Code Enforcement to proceed to demolition znd removal, and to assess the costs incurrzd a�ainst the real estate as a spzcial assessment to be collected in the same manner as taYes. Sincerely, ,�tBVe �CI�IZed" Stece Magner Vacant Buildings Supervisor Di� ision of Code Enforcement Citizen Sercice Office SM:ml cc: Fra�ril� Ber�, Building Inspection and Design Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Paul-Mordorski; PED-Housing Division �-��( � SS - MINUTES OF THE LEGISLATTVE HEARING ` Tuesday, September 19 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Offcer STAFF PRESENT': Roxanna Flink, Real Estate; I}ick Lippert, Code Enforcement; Steve Magner, Code Enforcement The meeting was called to order at 10:02 am. Summary Abatements: File J0003V Towing of abandoned vehicles from private property during March 2000; File J0004A Property clean-up from late May to June 2000; File J0004C Demolition af vacant buildings during June and July 2000; and File J0004V Towing of abandoned vehicles from private properiy during April 2000. Summary Abatements: File J0004G Grass cutting during May, June, and July 2000; File J0004B Boarding up of vacant properties during April and May 2000; File JOOOSA Property ciean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property during May 2000. 815 Robert Street South (JOOOSA) (A representative appeazed for this property; however, Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 1045 Fremont Avenue (J0003V) (The owner appeared for this properry; however, Code Enforcement had not received the green cazd indicaring this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 840 Montana Avenue West (70004A} The following appeazed: Carol Anderson, owner, and Pam Gengler, neighbor at 834 Montana Avenue West. Ms. Anderson stated she had the City cut her yazd. Afterwards, she found out that the workers did damage to her gazage and her house. They aiso left deep ruts in her yard. (Ms. Anderson presented photographs. They were later rehuned.) �o-��s LEGISLATIVE HEARING MINUTES OF 9-19-2000 Page 2 Ms. Gengler stated the lawn was long. The crew did it quickly. After the crew was done, the siding had big holes in it, circulaz holes were left in the lawn, and lots of cigazette butts were left on the lawn. The way it was done was disrespectful. Gerry Strathman asked how the City came out in the first place. Ms. Anderson responded every time she wanted to mow the lawn, it was raining or the grass was wet. Then, her motor stopped working. She �ied calling five different places, but they all worked on a contract. Ms. Gengler stated Ms. Anderson's mother is very ill, under hospice caze, and Ms. Anderson is homebound takiug care of her mother. Mr. Strathman asked who did the cleanup. Dick Lippert responded Pazks and Recreation. A summary abatement was issued due to a complaint. The homeowner or representative requested the grass be cut. Mr. Strathman asked did she realize how much it would cost. Ms. Anderson responded no. Mr. Strathman stated a claim would have to be filed against the City for the damage that may have been done to the property. Ms. Anderson responded she has filed one. Mr. Lippert stated there was a note in the file that the owner was advised of the cost to cut the grass. Gerry Strathman recommended reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. He suggested the owner fmd another way to get the grass cut in the future. Ms. Gengler stated $245 should be a professional job and the crew did not do a goodjob. 392 Arbor Street (J0004A) Jan Loney, owner, appeared and stated she does not live at this address. She is appealing on the basis of receiving no notification for the attempt to clean up. Dick Lippert stated Janyth Loney was notified at 1734 Colvin and a Benjamin and Janyth Loney were no'.fied at 392 Arbor. Those were the two addresses listed at Ramsey County. Ms. Loney stated Steve sent her copies of what was mailed in April, wluch was sent to Benjamin and Janyth at 392 Arbor. Her son did not give her the information. Gerry Strathman asked when the notice was mailed to the Colvin address. Mr. Lippert responded May 16. The mail was ttot returned. There is a long history of mailing things to this property. (Mr. Lippert showed Ms. Loney a cazbon of the notice mailed.) c�c�-�s�� LEGISLATIVE HEARING MINUTES OF 9-19-2000 Page 3 Gerry Strathman recommends approval. He does not know what happened to her letter, but it was mailed to the legal address and that consritutes legal notification. 102? Avon Street North (J0004A) (I3o one appeazed to represent the property.) Gerry Strathman recommends approval. 1560 Western Avenue North (J0004A) Michael Harper, representing his mother Bazbara Harper, appeared and stated the City charged her for property clean up and he would like to know what was cleaned up. (Videotape was shown.} Mr. Harper stated the videotape answered his question. On the back of his form, it says people 55 years of age and older can qualify for deferred payment. FIis grandmother is 76 years old. A payment of $549.50 would create a financial hardship for her. Roxanna Flink explained that a form will be sent to Barbara Harper regarding defened payment. The assessment does not go away, but it will be deferred until she sells the property. (Ms. Flink left her office's number with Mr. Harper in case there is a problem.) Gerry Strathman recommends approval. 203 Genesee Street (J0003V and 70004V) The following appeared: Orland Reno and Mary O'Brien, owners, appeazed. Mr. Reno stated they purchased the property on May 13. The abatement paperwork is dated Mazch and April. These assessment happened before he purchased the properry. Geny Stratlunan explained when the City does something on a property, the assessment goes to the property and becomes a pending assessment. When the properry is sold, the owners aze suppose to disclose any pending assessments on the property. The recourse wouid be to the seller. Mr. Reno stated he is taking the seller to court on the water bill which was unpaid. Mr. Strattunan suggested these two assessment be added to the claim. (Roxanna Flink explained the process for paying the assessment.) (Mr. Reno looked at a few photographs provided by Code Enforcement of the property.) Gerry Strathman recommends approval. � c�-�c� LEGISLATIVE HEARING MINUTES OF 9-19-2000 917 Euclid Street (J0004V) (No one appeazed to represent the properiy.) Gerry Strathman recommends approval. 2020 Reane�Avenue (JOOOSA) (No one appeared to represent the pmperty.J Gerry Strathman recommends approval. 784 Jessamine Avenue East (J0004A) (No one appeared Yo represent the properry.) Gerry Strathman recommends approval. 0 Flandrau (emptv lotl (JOOOSA) � Larry Gurtin, owner, appeared and stated the City had a legitimate claim to cut the grass. He paid Ivs neighbor to cut it, but the neighbor's house was foreclosed. Mr. Gurtin has a problem with the norice itself, The inspection was done on July 7, mailed on July 10, and he received it on July 12, which gave him only two days to react. He started the work, but had equipment failure, and was unable to finish it. Gerry Strathman responded the clean up was not done unril July 18. Between the time the notice was sent and the City cleaned it up was 11 days; between the time the nofice was received and the clean up was done was 6 days. There was time to have it cleaned up. The chazge reflects the work that was done. Perhaps the City did less work because the work was started by the owner. A large part of the chazge is the expense of sending the equipment and crew to Yhe property. Gerry Strathman recommends approval. Mr. Gurkin asked was there other recourse. Mr. Strathman explained that Mr. Gurtin would need to send him something in writing by noon of September 21. The City Council will make the final decision in this matter. 952 Euclid Street (J0004A) (No one appeared to represent the property.) Dick Lippert stated the owner will be out of town today and wishes to reschedule. Cerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. � LEGISLATIVE HEARING MIN[JTES OF 9-19-2000 1023 Carroll Avenue (J0004A) � �, Page 5 Tom Moriarty, owner, appeared and stated he purchased the properiy on May 1 and did not receive any notice. He was also cleaning up the properry. The last half of May, Mr. Moriarty, his two brothers, and a hired person spent five days cleaning it up. He bought with him the cancelled checks. Gerry Strathman stated the orders were mailed on May 9 according to his paperwork, and the City did the cleanup on May 25. Steve Magner stated on 5-8-00, an inspector went to the property and posted a sununary abatement. The Browns and Standard Federal Bank were listed as the owners of the property. Code Enforcement was not aware that Thomas Moriarty purchased the property until May 26. This is a registered vacant building, and there were vacant building placazds on the buiiding. The placazds read that if someone has ownership interest in the building, they need to contact the city. (T'he first videotape dated 5-22-00 was shown.) Steve Magner stated the dumpster was fust noticed on May 1. On May 8, the inspector wrote a summary abatement. He cailed BFI, who indicated they had no contract for the dumpster. Because it was overflowing, Code Enforcement decided to issue a snmmary abatement. Mr. Moriarty stated the seller of the property hired the dumpster, left the check on the front door, and that check bounced. Mr. Moriariy is happy to clean the properry, and if the City notified him, this abatement would have been unnecessary. Mr. Strathman responded the City did not know he was the owner. The City's responsibility is to go to the legal records and contact the owner. At that time, the records had not been changed yet. Mr. Moriarry stated he calied Don VJagner (of LIEP) on May 1. Mr. Magner stated Don Wagner, who does the inspections and signs the permits, works in another office. The property is monitored by the Code Enforcement-Vacant Buildings Department. The previous owner should have disclosed ihe assessment information to Mr. Moriariy. Code Enforcement had no indication that Mr. Moriariy existed in this picture. (Mr. Magner showed Mr. Moriarty a copy of the paperwork that was posted on the property.) Mr. Moriarry stated he was in the process of doing the wark and to charge him $1,200 for what he could do for $500 is unfair. BFI stated the dumpster was $450, which he has in writing. Steve Magner stated the chazges are as follows: 1.5 hours of labor for $337.50; 45 yards for $810; tire, $10; mattress, $10; one appliance, $30. Mr. Magner stated the $810 would be for the cost of the dunnpster plus the cost of dumping the additional refuse. (The second videotape was shown.) Mr. Lippert stated more than five yazds were removed. It looks like 45 yards in addition to the rolloff. If $450 was paid for the 40 yazd rolloff, the second 45 yazds is somewhat of a bargain. Mr. Strathman concurred: there was more than five yards of trash on the videotape. � - g�" �s LEGISLATIVE HEARING MIIIL�TES OF 9-19-2000 Gerry Strathman recommends approval. 769 Burt Street (70004� Page 6 The owner appeazed and stated he was out of town. (Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Stratbman recommends laying over to the September 26, 2000, Legislarive Hearing. 310 Goodhue Street (J0003� (The owner appeazed and had the green card with trim and, therefore, did not mail it.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 600 Grotto Street North (J0004B) (No one appeazed to represent the property.) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (JOOOSV) (The owner appeazed; however, Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. {Note: 238 Winona Street East (30004B) was heazd at the 9-9-00 meeting. Gerry Strathman recommended approval. See the 9-4-00 minutes for fwther details.) Resolution ordering the owner to remove or repair the bnilding at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared to represent the property.) Steve Magner reported the building was condemned September 1999 and has been vacant since 9-17-99. Five smnmary abatement notices have been issued to remove refuse, cut grass, secure dwelling. On 7-6-00, an inspection was conducted and a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. The property remains in a condifion which compromises a nuisance as defined by the legislarive code. The vacant building fees are due. A citafion was issued for failure to pay the vacant building fee. Real estate taxes aze unpaid. Taxarion has placed an estimated mazket value of $49,500. oo--g�� LEGISLATNE HEARING MINUTES OF 9-19-2000 p� � Gerry Strathman asked was there any communication with the owner or mortgage company. Mr. Magner responded the owner has not contacted Code Bnforcement recently. She may be losing the property to the mortgage company, which has not contacted Code Enforcement Gerry Strathman recommends approval. Resolution ordering the owner to remove or repair the building at 682 Westera Avenue NorEh. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Eugene Hutchinson, 1239 Van Buren Avenue, appeared and stated he took care of the summary abatement order last week. Steve Magner told him to appear for tiris meeting. Steve Magner reported Mr. Hutchinson is a relative of the owner who is deceased. He is trying to work out an agreement with the estate to purchase the property. Mr. Magner told Mr. Hutchinson that he or someone from the estate should attend the meeting today. Gerry Strathman asked does he own the property yet. Mr. Hutchinson said no. Mr. Magner reported the building was condemned in September 1999 and has been a vacant building since September 20. The owner is the estate of George E. Thomas per Runsey County. There have been six summary abatement norices to cut tall grass and remove refuse. On 7-1 I-00, an inspection of the building was conducted and a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. The properiy remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building fees aze due. Real estate taxes are unpaid. Taxation has placed an estimated market value of $33,800 on the properry. A code compliance inspection has not been applied for, and the bond has not been posted. The estimated cost to repair is $50,000; estimated cost to demolish, $8,000 to $9,000. Mr. Strathman asked about his plans to purchase the property. Mr. Hutchinson responded he is trying to get the plans together to start on it. The properiy would go through probate and go to the grandfather's two sons. Mr. Strathman stated tlus is an almost impossible situation. Somebody needs to establish ownership and then be willing to post a$2,000 bond to rehabilitate the building within six months. This will come before the City Council on September 27. Mr. Strathman asked can Mr. Autchinson establish ownerslup by then. Mr. Hutchinson responded he will see what he can do. Gerry Strathman recommends granting the owner sis months to complete rehabilitation of the property on the conditiott that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. If these conditions are not done by September 27, Mr. Strathman will recommend the building be removed or repaired within 15 days. Mr. Magner stated that if these conditions aze not met, there is nothing that code Enforcement can do for Mr. Hutchinson. LEGISLATIVE HEARING MINUTES OF 9-19-2000 �� Page S Resolution ordering the owner to remove or repair the building at 1497 York Avenue. If the owner fails to comply with the resolnrion, Code Enforcement is ordered to remove the bnilding. Hendrie Grant, owner, appeared and stated he plans to repair the property and resell it. Steve Magner stated Mr. Grant has posted the bond, and a code compliance inspection has been done. Gerry Strathman recommends granting the owner sis months to complete rehabilitation of the properiy. T'he meeting was adjoumed at I 1:15 a.m. � . ORIGINAL Ame.�e� - S�pt. a�, a000 Council File # po�� g Green Sheet # Jp'�3 pS RESOLUTION CITY OF SAINT PAUL, MINNESOTA C-� Presented By Refened To Committee: Date 1 WHEREAS, Citizen 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 wrecking and 3 removal of a split levei, wood frame dwelling located on property hereinafter referred to as the "Subject 4 Property" and commonly known as 1497 York Avenue. This property is legally described as follows, to 5 wit: 6 7 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 Lot 14, Block 2, Brolaneiers Subdivision of Lots 6 and 7, Block 1, Cruickshank's Garden Lots, City of St. Paul, Minn. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on ar before January 20, 2000, the following are the now known interested or responsible parties for the Subject Properiy: George Reus, 17205 Forest Blvd. North, Hugo, MN 55038; Bradley & Tammy Kerr, 1263 Hazelwood Street, Apt. #202, St. Paul, MN 55106; Bank United of Texas, 1201 E1m Street, Unit 4200, Dallas, TX 75270; Hendrie Grant, 558 Montcalm Street, St. Paul, MN 55116; Bank United of Texas, c/o Olson, Usset & Weingarden, PLLP, 4500 Pazk Glen Road #310, Mpls., MN 55416; Hendrie Grant, c/o Attorney Paul W. Fahning, Peterson, Fram & Bergman, P.A., 50 East Fifth Street, Ste. 300, St. Paul, MN 55101 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated March 15, 2000; and WTIEREAS, this arder 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 WfIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by April 14, 2000; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Aearing Officer of the City Council and the Saint Paul City Council; and .;%K � , . , oe-rqr . uIi .ar WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislarive Code, of the tune, date, place and purpose of the � 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 43 44 45 46 47 48 49 50 51 52 53 54 public hearings; and WHEREAS, a hearing was held before the Legislarive Hearing Officer of the Saint Paul City Council on Tuesday, September 19, 2000 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendarion to approve the request to order the interested or responsible parties to make the Sub}ect Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shucture in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within�ee�r(�3}days after the date of the Council Hearing; and _one.�_1�;�,1•4. (.\� to� . WHEREAS, a heanng was held�ore the Saant Paul City Council on Wednesday, September 27, 2000 and the testimony and evidence including the action taken by the Legislative Aearing Officer was considered b}� 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 Ordez concerning the Subject Properiy at 1497 Yark Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legisiative 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 ar Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject 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. That the known interested parties and owners are as previously stated in this resolurion and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 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 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 ali applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with a11 applicable codes and ardinances. The rehabilitation or demolition and removal of the structure must be completed within� �Ye� days after the date of the Council Hearing. �ohtiv*,.�,�a� e>akF� .� �i oc -r9d' 1 2. If the above corrective action is not completed witkun this period of time the Citizen Service Office, 2 Division of Code Enforcement is hereby authorized to take whatever steps aze necessary to 3 demolish and remove this shucture, fill the site and chazge the costs incurred against the Subject 4 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 6 7 9 10 11 12 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properiy or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properiy is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Benanav B a� ec� Bostrom Co� Harris Lantrv Reiter Adopted by Council: Date ..1J O e o Adoption Certified by Council Secretary : _ ' �� . � . :. . . � . - �C�l� � � : /" ";� � .., Requested by Depariment o£ Citizen Service Office: Code Enforcement By:(��,�r-�, U ��1�1�r�--� Form Approved by City Attorney Approved by Mayor for Submission to Council s r�Li�r--�- o e • f-�/� Division of Code Enforcement 27, 2000 .. :� . TOTAL # OF SIGNATURE ��, wwo.�ae�ccsoe ❑ wWCw.m�ro ��wvaet�ator�wn ❑ (CIJP ALC LOCATIONS FOR SIGNATUR� City Council to pass this resolution which will arder 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 1497 York Avenue. CQ �� c��p� ` ' ! t:� PLANNING CAMMISSION CIB COMM(REE CML SERVICE COMMISSION Hes n�s pe�soMnn ever.vnrkea awua �r�6a� rarmis aepamment� VES NO FmsttAS'ce�enR��me.vbeenacilY�vbY�� . YES NO - „ , . - Dces mis pnsaYFrm P� a sla'M not � M�Y wrte�R u1v emPbYee7 Il��F:�➢ �s tlws �uimm a tarpetea venaart YES NO . . .., y .a.. o....... ,.'"I�i��bffi4�'�'�sa'��ic�'�u��)�`�i�ed 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 Enfarcement Officer were given an order to repair or remove the building at 1497 York Avenue by April 14, 2000, and have ° failed to comply with those orders. ._ _ .�._. The City will eliminate a nuisance. ISADVAMAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. IS4DVANTAGESIFNOTAPPROVED � - A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. OF TRANSACTION S � � ► . � ' . • : � . ' u ' • � �,�� No � a2`�� Ir .' � � SEP 0 5 2000 osi2sioo � GREEN SHEET COSTRtEVENUE BUDGETm (CIRCIE ON� -( YEE � NO ACTNRYNUMBER - ��il �C� �t �S 5�. REPORT Date: September 19, 2000 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Summary Abatements: File J0003 V Towing of abandoned vehicles from private property during March 2000; File J0004A Properry clean-up from late May to June 2000; File J0004C Demolition of vacant buildings during June and July 2000; and File J0004V Towing of abandoned vehicles from private properry during Apri12000. 1045 Fremont Avenue (J0003V) Legislative Heazing Officer recommends laying over to the September.26, 2000, Legislative Hearing. 840 Montana Avenue West (J0004A) Legislative Hearing Officer recommends reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. 392 Arbor Street (J0004A) Legislative Hearing Officer recommends approval. 1027 Avon Street North (J0004A) Legislative Hearing Officer recommends approval. 1560 Western Avenue North (J0004A) Legislative Hearing Officer recommends approval. 203 Genesee Street (J0003V) Legislative Hearing Officer recommends approval. 917 Euclid Street (J0004V) Legislative Hearing Officer recommends approval. 789 Jessamine Avenue East (J0004A) Legislative Hearing Officer recommends approval. 952 Euclid Street (J0004A) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. � � �' LEGISLATIVE HEARING REPORT OF 9-19-2000 1023 Carroll Avenue (J0004A) Legislative Hearing Officer recommends approval. 769 Bun Street (J0004� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 310 Goodhue Street (J0003� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. Page 2 2. Summary Abatements: File J0004G Grass cutting during May, June, and July 2000; File J0004B Boazding up of vacant properties during April and May 2000; File 70005A Properiy clean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property duriug May 2000. 815 Robert Street South (JOOOSA) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 2020 Reanev Avenue (JOOOSA) Legislarive Hearing Officer recommends approval. 0 Flandrau (em�t�t) (JOOOSA) Legislative Hearing Officer recommends approval. 600 Grotto Street North (J0004B) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (J0005� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 238 Winona Street East (J0004B) (Heazd at the 9-9-00 meeting) Legislative Hearing Officer recommends approval. Resolution ordering the owner to remove or repair the building at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Aearing Officer recommends approval. � c�-g� � LEGISLATIVE HEARING REPORT OF 9-19-2000 Page 3 4. Resolution ordering the owner to remove or repair the building at 682 Western Avenue North. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Heazing Officer recommends granting the owner six months to complete rehabilitation of the property on the condition that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. 5. Resolufion ordering the owner to remove or repair the building at 1497 York Avenue. If the owner fails to comply with the resolufion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation of the properry. � CIT[ZEN SERV[CE OFFICE Fred Oweuu, City Cferk DIV[S[OY OF PROPERTY CODE ENFORCEME'iVT blichaet R..Llorehead, Prog�am Manager CTTY OF SAIN'T PAUL Norm Coieman, Mayar Nuisance Bu+lding Cade Ersjorcemen[ I S W. Keilogg Bivd. Rm. 190 Tel: 651-266-844Q Saint Paul, IvIN55102 Fas: 651-266-&126 oo-r�r ��+^�+ R�se2�ch Gent2r U, � �ta Au�ust 25, 2Q00 NOTICE OF PUBLIC HEARINCS Council President and Members of the City Council AtiG 31 2CG0 Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requeste��he City Council schedule public hearin�s Yo consider a resolution orderin� the.repair or removal of the nuisance building(s)located at: � 1497 York Avenue The City Council has scheduled the date of these hearin�s as follows: Legislative Hearing - Tuesday, September 19, 2000 Cit�� Council Hearing - Wednesday, September 27, 2000 The owners and responsible parties of record are: Name and Last Kno«m Address George Reus 17205 Forest Bivd. Nonh Hugo, MN 55038 Bradley & Tammy Ke�r 1263 Hazeh�ood Street, _4p�. �202 St. Panl. Ml�' S5106 Bank United of Tesas 1201 Elm Street. tinit 4200 Dallas, TX 7�270 Hendrie Grant 558 Montcalm Stree: St. Paut, b�L�t �� 116 Interest Fee Owner Contract for Deed Holder tilortgagee Purchase Agreement Holder 1497 York Avenue Auwst 25, 2000 Page 2 Name and Last Known Address Bank United of Texas c/o Olson, Usset & Weingarden, PLLP 4500 Park Glen Road �310 Mpls., � 5541b Hendrie Grant c/o Attomey Paul W. Fahnin�, Peterson, Fram & Be �trman, P.A. 50 East Fifth Street, Ste. 340 St. Paul, MN 55101 The le�al description of this property is: po��'9r Interest Foreclosure Attomey for Bank Attorney for Hendrie Grant Lot 14, Block 2, Brokmeiers Subdivision of Lots 6 and 7, Block 1, Cruickshank`��y Garden Lots, City of St. Paul, Minn. , Division of Code Enforcement has declared this buildin�(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removin� this buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer th� blighting 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 remo� e this building in a timelv manner, and failin� that, authorize the Division of Code Enforcement to proceed to demolition znd removal, and to assess the costs incurrzd a�ainst the real estate as a spzcial assessment to be collected in the same manner as taYes. Sincerely, ,�tBVe �CI�IZed" Stece Magner Vacant Buildings Supervisor Di� ision of Code Enforcement Citizen Sercice Office SM:ml cc: Fra�ril� Ber�, Building Inspection and Design Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Paul-Mordorski; PED-Housing Division �-��( � SS - MINUTES OF THE LEGISLATTVE HEARING ` Tuesday, September 19 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Offcer STAFF PRESENT': Roxanna Flink, Real Estate; I}ick Lippert, Code Enforcement; Steve Magner, Code Enforcement The meeting was called to order at 10:02 am. Summary Abatements: File J0003V Towing of abandoned vehicles from private property during March 2000; File J0004A Property clean-up from late May to June 2000; File J0004C Demolition af vacant buildings during June and July 2000; and File J0004V Towing of abandoned vehicles from private properiy during April 2000. Summary Abatements: File J0004G Grass cutting during May, June, and July 2000; File J0004B Boarding up of vacant properties during April and May 2000; File JOOOSA Property ciean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property during May 2000. 815 Robert Street South (JOOOSA) (A representative appeazed for this property; however, Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 1045 Fremont Avenue (J0003V) (The owner appeared for this properry; however, Code Enforcement had not received the green cazd indicaring this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 840 Montana Avenue West (70004A} The following appeazed: Carol Anderson, owner, and Pam Gengler, neighbor at 834 Montana Avenue West. Ms. Anderson stated she had the City cut her yazd. Afterwards, she found out that the workers did damage to her gazage and her house. They aiso left deep ruts in her yard. (Ms. Anderson presented photographs. They were later rehuned.) �o-��s LEGISLATIVE HEARING MINUTES OF 9-19-2000 Page 2 Ms. Gengler stated the lawn was long. The crew did it quickly. After the crew was done, the siding had big holes in it, circulaz holes were left in the lawn, and lots of cigazette butts were left on the lawn. The way it was done was disrespectful. Gerry Strathman asked how the City came out in the first place. Ms. Anderson responded every time she wanted to mow the lawn, it was raining or the grass was wet. Then, her motor stopped working. She �ied calling five different places, but they all worked on a contract. Ms. Gengler stated Ms. Anderson's mother is very ill, under hospice caze, and Ms. Anderson is homebound takiug care of her mother. Mr. Strathman asked who did the cleanup. Dick Lippert responded Pazks and Recreation. A summary abatement was issued due to a complaint. The homeowner or representative requested the grass be cut. Mr. Strathman asked did she realize how much it would cost. Ms. Anderson responded no. Mr. Strathman stated a claim would have to be filed against the City for the damage that may have been done to the property. Ms. Anderson responded she has filed one. Mr. Lippert stated there was a note in the file that the owner was advised of the cost to cut the grass. Gerry Strathman recommended reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. He suggested the owner fmd another way to get the grass cut in the future. Ms. Gengler stated $245 should be a professional job and the crew did not do a goodjob. 392 Arbor Street (J0004A) Jan Loney, owner, appeared and stated she does not live at this address. She is appealing on the basis of receiving no notification for the attempt to clean up. Dick Lippert stated Janyth Loney was notified at 1734 Colvin and a Benjamin and Janyth Loney were no'.fied at 392 Arbor. Those were the two addresses listed at Ramsey County. Ms. Loney stated Steve sent her copies of what was mailed in April, wluch was sent to Benjamin and Janyth at 392 Arbor. Her son did not give her the information. Gerry Strathman asked when the notice was mailed to the Colvin address. Mr. Lippert responded May 16. The mail was ttot returned. There is a long history of mailing things to this property. (Mr. Lippert showed Ms. Loney a cazbon of the notice mailed.) c�c�-�s�� LEGISLATIVE HEARING MINUTES OF 9-19-2000 Page 3 Gerry Strathman recommends approval. He does not know what happened to her letter, but it was mailed to the legal address and that consritutes legal notification. 102? Avon Street North (J0004A) (I3o one appeazed to represent the property.) Gerry Strathman recommends approval. 1560 Western Avenue North (J0004A) Michael Harper, representing his mother Bazbara Harper, appeared and stated the City charged her for property clean up and he would like to know what was cleaned up. (Videotape was shown.} Mr. Harper stated the videotape answered his question. On the back of his form, it says people 55 years of age and older can qualify for deferred payment. FIis grandmother is 76 years old. A payment of $549.50 would create a financial hardship for her. Roxanna Flink explained that a form will be sent to Barbara Harper regarding defened payment. The assessment does not go away, but it will be deferred until she sells the property. (Ms. Flink left her office's number with Mr. Harper in case there is a problem.) Gerry Strathman recommends approval. 203 Genesee Street (J0003V and 70004V) The following appeared: Orland Reno and Mary O'Brien, owners, appeazed. Mr. Reno stated they purchased the property on May 13. The abatement paperwork is dated Mazch and April. These assessment happened before he purchased the properry. Geny Stratlunan explained when the City does something on a property, the assessment goes to the property and becomes a pending assessment. When the properry is sold, the owners aze suppose to disclose any pending assessments on the property. The recourse wouid be to the seller. Mr. Reno stated he is taking the seller to court on the water bill which was unpaid. Mr. Strattunan suggested these two assessment be added to the claim. (Roxanna Flink explained the process for paying the assessment.) (Mr. Reno looked at a few photographs provided by Code Enforcement of the property.) Gerry Strathman recommends approval. � c�-�c� LEGISLATIVE HEARING MINUTES OF 9-19-2000 917 Euclid Street (J0004V) (No one appeazed to represent the properiy.) Gerry Strathman recommends approval. 2020 Reane�Avenue (JOOOSA) (No one appeared to represent the pmperty.J Gerry Strathman recommends approval. 784 Jessamine Avenue East (J0004A) (No one appeared Yo represent the properry.) Gerry Strathman recommends approval. 0 Flandrau (emptv lotl (JOOOSA) � Larry Gurtin, owner, appeared and stated the City had a legitimate claim to cut the grass. He paid Ivs neighbor to cut it, but the neighbor's house was foreclosed. Mr. Gurtin has a problem with the norice itself, The inspection was done on July 7, mailed on July 10, and he received it on July 12, which gave him only two days to react. He started the work, but had equipment failure, and was unable to finish it. Gerry Strathman responded the clean up was not done unril July 18. Between the time the notice was sent and the City cleaned it up was 11 days; between the time the nofice was received and the clean up was done was 6 days. There was time to have it cleaned up. The chazge reflects the work that was done. Perhaps the City did less work because the work was started by the owner. A large part of the chazge is the expense of sending the equipment and crew to Yhe property. Gerry Strathman recommends approval. Mr. Gurkin asked was there other recourse. Mr. Strathman explained that Mr. Gurtin would need to send him something in writing by noon of September 21. The City Council will make the final decision in this matter. 952 Euclid Street (J0004A) (No one appeared to represent the property.) Dick Lippert stated the owner will be out of town today and wishes to reschedule. Cerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. � LEGISLATIVE HEARING MIN[JTES OF 9-19-2000 1023 Carroll Avenue (J0004A) � �, Page 5 Tom Moriarty, owner, appeared and stated he purchased the properiy on May 1 and did not receive any notice. He was also cleaning up the properry. The last half of May, Mr. Moriarty, his two brothers, and a hired person spent five days cleaning it up. He bought with him the cancelled checks. Gerry Strathman stated the orders were mailed on May 9 according to his paperwork, and the City did the cleanup on May 25. Steve Magner stated on 5-8-00, an inspector went to the property and posted a sununary abatement. The Browns and Standard Federal Bank were listed as the owners of the property. Code Enforcement was not aware that Thomas Moriarty purchased the property until May 26. This is a registered vacant building, and there were vacant building placazds on the buiiding. The placazds read that if someone has ownership interest in the building, they need to contact the city. (T'he first videotape dated 5-22-00 was shown.) Steve Magner stated the dumpster was fust noticed on May 1. On May 8, the inspector wrote a summary abatement. He cailed BFI, who indicated they had no contract for the dumpster. Because it was overflowing, Code Enforcement decided to issue a snmmary abatement. Mr. Moriarty stated the seller of the property hired the dumpster, left the check on the front door, and that check bounced. Mr. Moriariy is happy to clean the properry, and if the City notified him, this abatement would have been unnecessary. Mr. Strathman responded the City did not know he was the owner. The City's responsibility is to go to the legal records and contact the owner. At that time, the records had not been changed yet. Mr. Moriarry stated he calied Don VJagner (of LIEP) on May 1. Mr. Magner stated Don Wagner, who does the inspections and signs the permits, works in another office. The property is monitored by the Code Enforcement-Vacant Buildings Department. The previous owner should have disclosed ihe assessment information to Mr. Moriariy. Code Enforcement had no indication that Mr. Moriariy existed in this picture. (Mr. Magner showed Mr. Moriarty a copy of the paperwork that was posted on the property.) Mr. Moriarry stated he was in the process of doing the wark and to charge him $1,200 for what he could do for $500 is unfair. BFI stated the dumpster was $450, which he has in writing. Steve Magner stated the chazges are as follows: 1.5 hours of labor for $337.50; 45 yards for $810; tire, $10; mattress, $10; one appliance, $30. Mr. Magner stated the $810 would be for the cost of the dunnpster plus the cost of dumping the additional refuse. (The second videotape was shown.) Mr. Lippert stated more than five yazds were removed. It looks like 45 yards in addition to the rolloff. If $450 was paid for the 40 yazd rolloff, the second 45 yazds is somewhat of a bargain. Mr. Strathman concurred: there was more than five yards of trash on the videotape. � - g�" �s LEGISLATIVE HEARING MIIIL�TES OF 9-19-2000 Gerry Strathman recommends approval. 769 Burt Street (70004� Page 6 The owner appeazed and stated he was out of town. (Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Stratbman recommends laying over to the September 26, 2000, Legislarive Hearing. 310 Goodhue Street (J0003� (The owner appeazed and had the green card with trim and, therefore, did not mail it.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 600 Grotto Street North (J0004B) (No one appeazed to represent the property.) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (JOOOSV) (The owner appeazed; however, Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. {Note: 238 Winona Street East (30004B) was heazd at the 9-9-00 meeting. Gerry Strathman recommended approval. See the 9-4-00 minutes for fwther details.) Resolution ordering the owner to remove or repair the bnilding at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared to represent the property.) Steve Magner reported the building was condemned September 1999 and has been vacant since 9-17-99. Five smnmary abatement notices have been issued to remove refuse, cut grass, secure dwelling. On 7-6-00, an inspection was conducted and a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. The property remains in a condifion which compromises a nuisance as defined by the legislarive code. The vacant building fees are due. A citafion was issued for failure to pay the vacant building fee. Real estate taxes aze unpaid. Taxarion has placed an estimated mazket value of $49,500. oo--g�� LEGISLATNE HEARING MINUTES OF 9-19-2000 p� � Gerry Strathman asked was there any communication with the owner or mortgage company. Mr. Magner responded the owner has not contacted Code Bnforcement recently. She may be losing the property to the mortgage company, which has not contacted Code Enforcement Gerry Strathman recommends approval. Resolution ordering the owner to remove or repair the building at 682 Westera Avenue NorEh. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Eugene Hutchinson, 1239 Van Buren Avenue, appeared and stated he took care of the summary abatement order last week. Steve Magner told him to appear for tiris meeting. Steve Magner reported Mr. Hutchinson is a relative of the owner who is deceased. He is trying to work out an agreement with the estate to purchase the property. Mr. Magner told Mr. Hutchinson that he or someone from the estate should attend the meeting today. Gerry Strathman asked does he own the property yet. Mr. Hutchinson said no. Mr. Magner reported the building was condemned in September 1999 and has been a vacant building since September 20. The owner is the estate of George E. Thomas per Runsey County. There have been six summary abatement norices to cut tall grass and remove refuse. On 7-1 I-00, an inspection of the building was conducted and a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. The properiy remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building fees aze due. Real estate taxes are unpaid. Taxation has placed an estimated market value of $33,800 on the properry. A code compliance inspection has not been applied for, and the bond has not been posted. The estimated cost to repair is $50,000; estimated cost to demolish, $8,000 to $9,000. Mr. Strathman asked about his plans to purchase the property. Mr. Hutchinson responded he is trying to get the plans together to start on it. The properiy would go through probate and go to the grandfather's two sons. Mr. Strathman stated tlus is an almost impossible situation. Somebody needs to establish ownership and then be willing to post a$2,000 bond to rehabilitate the building within six months. This will come before the City Council on September 27. Mr. Strathman asked can Mr. Autchinson establish ownerslup by then. Mr. Hutchinson responded he will see what he can do. Gerry Strathman recommends granting the owner sis months to complete rehabilitation of the property on the conditiott that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. If these conditions are not done by September 27, Mr. Strathman will recommend the building be removed or repaired within 15 days. Mr. Magner stated that if these conditions aze not met, there is nothing that code Enforcement can do for Mr. Hutchinson. LEGISLATIVE HEARING MINUTES OF 9-19-2000 �� Page S Resolution ordering the owner to remove or repair the building at 1497 York Avenue. If the owner fails to comply with the resolnrion, Code Enforcement is ordered to remove the bnilding. Hendrie Grant, owner, appeared and stated he plans to repair the property and resell it. Steve Magner stated Mr. Grant has posted the bond, and a code compliance inspection has been done. Gerry Strathman recommends granting the owner sis months to complete rehabilitation of the properiy. T'he meeting was adjoumed at I 1:15 a.m. � . ORIGINAL Ame.�e� - S�pt. a�, a000 Council File # po�� g Green Sheet # Jp'�3 pS RESOLUTION CITY OF SAINT PAUL, MINNESOTA C-� Presented By Refened To Committee: Date 1 WHEREAS, Citizen 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 wrecking and 3 removal of a split levei, wood frame dwelling located on property hereinafter referred to as the "Subject 4 Property" and commonly known as 1497 York Avenue. This property is legally described as follows, to 5 wit: 6 7 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 Lot 14, Block 2, Brolaneiers Subdivision of Lots 6 and 7, Block 1, Cruickshank's Garden Lots, City of St. Paul, Minn. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on ar before January 20, 2000, the following are the now known interested or responsible parties for the Subject Properiy: George Reus, 17205 Forest Blvd. North, Hugo, MN 55038; Bradley & Tammy Kerr, 1263 Hazelwood Street, Apt. #202, St. Paul, MN 55106; Bank United of Texas, 1201 E1m Street, Unit 4200, Dallas, TX 75270; Hendrie Grant, 558 Montcalm Street, St. Paul, MN 55116; Bank United of Texas, c/o Olson, Usset & Weingarden, PLLP, 4500 Pazk Glen Road #310, Mpls., MN 55416; Hendrie Grant, c/o Attorney Paul W. Fahning, Peterson, Fram & Bergman, P.A., 50 East Fifth Street, Ste. 300, St. Paul, MN 55101 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated March 15, 2000; and WTIEREAS, this arder 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 WfIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by April 14, 2000; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Aearing Officer of the City Council and the Saint Paul City Council; and .;%K � , . , oe-rqr . uIi .ar WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislarive Code, of the tune, date, place and purpose of the � 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 43 44 45 46 47 48 49 50 51 52 53 54 public hearings; and WHEREAS, a hearing was held before the Legislarive Hearing Officer of the Saint Paul City Council on Tuesday, September 19, 2000 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendarion to approve the request to order the interested or responsible parties to make the Sub}ect Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shucture in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within�ee�r(�3}days after the date of the Council Hearing; and _one.�_1�;�,1•4. (.\� to� . WHEREAS, a heanng was held�ore the Saant Paul City Council on Wednesday, September 27, 2000 and the testimony and evidence including the action taken by the Legislative Aearing Officer was considered b}� 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 Ordez concerning the Subject Properiy at 1497 Yark Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legisiative 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 ar Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject 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. That the known interested parties and owners are as previously stated in this resolurion and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 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 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 ali applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with a11 applicable codes and ardinances. The rehabilitation or demolition and removal of the structure must be completed within� �Ye� days after the date of the Council Hearing. �ohtiv*,.�,�a� e>akF� .� �i oc -r9d' 1 2. If the above corrective action is not completed witkun this period of time the Citizen Service Office, 2 Division of Code Enforcement is hereby authorized to take whatever steps aze necessary to 3 demolish and remove this shucture, fill the site and chazge the costs incurred against the Subject 4 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 6 7 9 10 11 12 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properiy or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properiy is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Benanav B a� ec� Bostrom Co� Harris Lantrv Reiter Adopted by Council: Date ..1J O e o Adoption Certified by Council Secretary : _ ' �� . � . :. . . � . - �C�l� � � : /" ";� � .., Requested by Depariment o£ Citizen Service Office: Code Enforcement By:(��,�r-�, U ��1�1�r�--� Form Approved by City Attorney Approved by Mayor for Submission to Council s r�Li�r--�- o e • f-�/� Division of Code Enforcement 27, 2000 .. :� . TOTAL # OF SIGNATURE ��, wwo.�ae�ccsoe ❑ wWCw.m�ro ��wvaet�ator�wn ❑ (CIJP ALC LOCATIONS FOR SIGNATUR� City Council to pass this resolution which will arder 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 1497 York Avenue. CQ �� c��p� ` ' ! t:� PLANNING CAMMISSION CIB COMM(REE CML SERVICE COMMISSION Hes n�s pe�soMnn ever.vnrkea awua �r�6a� rarmis aepamment� VES NO FmsttAS'ce�enR��me.vbeenacilY�vbY�� . YES NO - „ , . - Dces mis pnsaYFrm P� a sla'M not � M�Y wrte�R u1v emPbYee7 Il��F:�➢ �s tlws �uimm a tarpetea venaart YES NO . . .., y .a.. o....... ,.'"I�i��bffi4�'�'�sa'��ic�'�u��)�`�i�ed 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 Enfarcement Officer were given an order to repair or remove the building at 1497 York Avenue by April 14, 2000, and have ° failed to comply with those orders. ._ _ .�._. The City will eliminate a nuisance. ISADVAMAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. IS4DVANTAGESIFNOTAPPROVED � - A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. OF TRANSACTION S � � ► . � ' . • : � . ' u ' • � �,�� No � a2`�� Ir .' � � SEP 0 5 2000 osi2sioo � GREEN SHEET COSTRtEVENUE BUDGETm (CIRCIE ON� -( YEE � NO ACTNRYNUMBER - ��il �C� �t �S 5�. REPORT Date: September 19, 2000 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Summary Abatements: File J0003 V Towing of abandoned vehicles from private property during March 2000; File J0004A Properry clean-up from late May to June 2000; File J0004C Demolition of vacant buildings during June and July 2000; and File J0004V Towing of abandoned vehicles from private properry during Apri12000. 1045 Fremont Avenue (J0003V) Legislative Heazing Officer recommends laying over to the September.26, 2000, Legislative Hearing. 840 Montana Avenue West (J0004A) Legislative Hearing Officer recommends reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. 392 Arbor Street (J0004A) Legislative Hearing Officer recommends approval. 1027 Avon Street North (J0004A) Legislative Hearing Officer recommends approval. 1560 Western Avenue North (J0004A) Legislative Hearing Officer recommends approval. 203 Genesee Street (J0003V) Legislative Hearing Officer recommends approval. 917 Euclid Street (J0004V) Legislative Hearing Officer recommends approval. 789 Jessamine Avenue East (J0004A) Legislative Hearing Officer recommends approval. 952 Euclid Street (J0004A) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. � � �' LEGISLATIVE HEARING REPORT OF 9-19-2000 1023 Carroll Avenue (J0004A) Legislative Hearing Officer recommends approval. 769 Bun Street (J0004� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 310 Goodhue Street (J0003� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. Page 2 2. Summary Abatements: File J0004G Grass cutting during May, June, and July 2000; File J0004B Boazding up of vacant properties during April and May 2000; File 70005A Properiy clean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property duriug May 2000. 815 Robert Street South (JOOOSA) Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 2020 Reanev Avenue (JOOOSA) Legislarive Hearing Officer recommends approval. 0 Flandrau (em�t�t) (JOOOSA) Legislative Hearing Officer recommends approval. 600 Grotto Street North (J0004B) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (J0005� Legislative Hearing Officer recommends laying over to the September 26, 2000, Legislative Hearing. 238 Winona Street East (J0004B) (Heazd at the 9-9-00 meeting) Legislative Hearing Officer recommends approval. Resolution ordering the owner to remove or repair the building at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Aearing Officer recommends approval. � c�-g� � LEGISLATIVE HEARING REPORT OF 9-19-2000 Page 3 4. Resolution ordering the owner to remove or repair the building at 682 Western Avenue North. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Heazing Officer recommends granting the owner six months to complete rehabilitation of the property on the condition that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. 5. Resolufion ordering the owner to remove or repair the building at 1497 York Avenue. If the owner fails to comply with the resolufion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation of the properry. � CIT[ZEN SERV[CE OFFICE Fred Oweuu, City Cferk DIV[S[OY OF PROPERTY CODE ENFORCEME'iVT blichaet R..Llorehead, Prog�am Manager CTTY OF SAIN'T PAUL Norm Coieman, Mayar Nuisance Bu+lding Cade Ersjorcemen[ I S W. Keilogg Bivd. Rm. 190 Tel: 651-266-844Q Saint Paul, IvIN55102 Fas: 651-266-&126 oo-r�r ��+^�+ R�se2�ch Gent2r U, � �ta Au�ust 25, 2Q00 NOTICE OF PUBLIC HEARINCS Council President and Members of the City Council AtiG 31 2CG0 Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requeste��he City Council schedule public hearin�s Yo consider a resolution orderin� the.repair or removal of the nuisance building(s)located at: � 1497 York Avenue The City Council has scheduled the date of these hearin�s as follows: Legislative Hearing - Tuesday, September 19, 2000 Cit�� Council Hearing - Wednesday, September 27, 2000 The owners and responsible parties of record are: Name and Last Kno«m Address George Reus 17205 Forest Bivd. Nonh Hugo, MN 55038 Bradley & Tammy Ke�r 1263 Hazeh�ood Street, _4p�. �202 St. Panl. Ml�' S5106 Bank United of Tesas 1201 Elm Street. tinit 4200 Dallas, TX 7�270 Hendrie Grant 558 Montcalm Stree: St. Paut, b�L�t �� 116 Interest Fee Owner Contract for Deed Holder tilortgagee Purchase Agreement Holder 1497 York Avenue Auwst 25, 2000 Page 2 Name and Last Known Address Bank United of Texas c/o Olson, Usset & Weingarden, PLLP 4500 Park Glen Road �310 Mpls., � 5541b Hendrie Grant c/o Attomey Paul W. Fahnin�, Peterson, Fram & Be �trman, P.A. 50 East Fifth Street, Ste. 340 St. Paul, MN 55101 The le�al description of this property is: po��'9r Interest Foreclosure Attomey for Bank Attorney for Hendrie Grant Lot 14, Block 2, Brokmeiers Subdivision of Lots 6 and 7, Block 1, Cruickshank`��y Garden Lots, City of St. Paul, Minn. , Division of Code Enforcement has declared this buildin�(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removin� this buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer th� blighting 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 remo� e this building in a timelv manner, and failin� that, authorize the Division of Code Enforcement to proceed to demolition znd removal, and to assess the costs incurrzd a�ainst the real estate as a spzcial assessment to be collected in the same manner as taYes. Sincerely, ,�tBVe �CI�IZed" Stece Magner Vacant Buildings Supervisor Di� ision of Code Enforcement Citizen Sercice Office SM:ml cc: Fra�ril� Ber�, Building Inspection and Design Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Paul-Mordorski; PED-Housing Division �-��( � SS - MINUTES OF THE LEGISLATTVE HEARING ` Tuesday, September 19 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Offcer STAFF PRESENT': Roxanna Flink, Real Estate; I}ick Lippert, Code Enforcement; Steve Magner, Code Enforcement The meeting was called to order at 10:02 am. Summary Abatements: File J0003V Towing of abandoned vehicles from private property during March 2000; File J0004A Property clean-up from late May to June 2000; File J0004C Demolition af vacant buildings during June and July 2000; and File J0004V Towing of abandoned vehicles from private properiy during April 2000. Summary Abatements: File J0004G Grass cutting during May, June, and July 2000; File J0004B Boarding up of vacant properties during April and May 2000; File JOOOSA Property ciean-up from late June to July 2000; and File JOOOSV Towing of abandoned vehicles from private property during May 2000. 815 Robert Street South (JOOOSA) (A representative appeazed for this property; however, Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 1045 Fremont Avenue (J0003V) (The owner appeared for this properry; however, Code Enforcement had not received the green cazd indicaring this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 840 Montana Avenue West (70004A} The following appeazed: Carol Anderson, owner, and Pam Gengler, neighbor at 834 Montana Avenue West. Ms. Anderson stated she had the City cut her yazd. Afterwards, she found out that the workers did damage to her gazage and her house. They aiso left deep ruts in her yard. (Ms. Anderson presented photographs. They were later rehuned.) �o-��s LEGISLATIVE HEARING MINUTES OF 9-19-2000 Page 2 Ms. Gengler stated the lawn was long. The crew did it quickly. After the crew was done, the siding had big holes in it, circulaz holes were left in the lawn, and lots of cigazette butts were left on the lawn. The way it was done was disrespectful. Gerry Strathman asked how the City came out in the first place. Ms. Anderson responded every time she wanted to mow the lawn, it was raining or the grass was wet. Then, her motor stopped working. She �ied calling five different places, but they all worked on a contract. Ms. Gengler stated Ms. Anderson's mother is very ill, under hospice caze, and Ms. Anderson is homebound takiug care of her mother. Mr. Strathman asked who did the cleanup. Dick Lippert responded Pazks and Recreation. A summary abatement was issued due to a complaint. The homeowner or representative requested the grass be cut. Mr. Strathman asked did she realize how much it would cost. Ms. Anderson responded no. Mr. Strathman stated a claim would have to be filed against the City for the damage that may have been done to the property. Ms. Anderson responded she has filed one. Mr. Lippert stated there was a note in the file that the owner was advised of the cost to cut the grass. Gerry Strathman recommended reducing the assessment from $345 to $200 plus the $45 service fee for a total assessment of $245. He suggested the owner fmd another way to get the grass cut in the future. Ms. Gengler stated $245 should be a professional job and the crew did not do a goodjob. 392 Arbor Street (J0004A) Jan Loney, owner, appeared and stated she does not live at this address. She is appealing on the basis of receiving no notification for the attempt to clean up. Dick Lippert stated Janyth Loney was notified at 1734 Colvin and a Benjamin and Janyth Loney were no'.fied at 392 Arbor. Those were the two addresses listed at Ramsey County. Ms. Loney stated Steve sent her copies of what was mailed in April, wluch was sent to Benjamin and Janyth at 392 Arbor. Her son did not give her the information. Gerry Strathman asked when the notice was mailed to the Colvin address. Mr. Lippert responded May 16. The mail was ttot returned. There is a long history of mailing things to this property. (Mr. Lippert showed Ms. Loney a cazbon of the notice mailed.) c�c�-�s�� LEGISLATIVE HEARING MINUTES OF 9-19-2000 Page 3 Gerry Strathman recommends approval. He does not know what happened to her letter, but it was mailed to the legal address and that consritutes legal notification. 102? Avon Street North (J0004A) (I3o one appeazed to represent the property.) Gerry Strathman recommends approval. 1560 Western Avenue North (J0004A) Michael Harper, representing his mother Bazbara Harper, appeared and stated the City charged her for property clean up and he would like to know what was cleaned up. (Videotape was shown.} Mr. Harper stated the videotape answered his question. On the back of his form, it says people 55 years of age and older can qualify for deferred payment. FIis grandmother is 76 years old. A payment of $549.50 would create a financial hardship for her. Roxanna Flink explained that a form will be sent to Barbara Harper regarding defened payment. The assessment does not go away, but it will be deferred until she sells the property. (Ms. Flink left her office's number with Mr. Harper in case there is a problem.) Gerry Strathman recommends approval. 203 Genesee Street (J0003V and 70004V) The following appeared: Orland Reno and Mary O'Brien, owners, appeazed. Mr. Reno stated they purchased the property on May 13. The abatement paperwork is dated Mazch and April. These assessment happened before he purchased the properry. Geny Stratlunan explained when the City does something on a property, the assessment goes to the property and becomes a pending assessment. When the properry is sold, the owners aze suppose to disclose any pending assessments on the property. The recourse wouid be to the seller. Mr. Reno stated he is taking the seller to court on the water bill which was unpaid. Mr. Strattunan suggested these two assessment be added to the claim. (Roxanna Flink explained the process for paying the assessment.) (Mr. Reno looked at a few photographs provided by Code Enforcement of the property.) Gerry Strathman recommends approval. � c�-�c� LEGISLATIVE HEARING MINUTES OF 9-19-2000 917 Euclid Street (J0004V) (No one appeazed to represent the properiy.) Gerry Strathman recommends approval. 2020 Reane�Avenue (JOOOSA) (No one appeared to represent the pmperty.J Gerry Strathman recommends approval. 784 Jessamine Avenue East (J0004A) (No one appeared Yo represent the properry.) Gerry Strathman recommends approval. 0 Flandrau (emptv lotl (JOOOSA) � Larry Gurtin, owner, appeared and stated the City had a legitimate claim to cut the grass. He paid Ivs neighbor to cut it, but the neighbor's house was foreclosed. Mr. Gurtin has a problem with the norice itself, The inspection was done on July 7, mailed on July 10, and he received it on July 12, which gave him only two days to react. He started the work, but had equipment failure, and was unable to finish it. Gerry Strathman responded the clean up was not done unril July 18. Between the time the notice was sent and the City cleaned it up was 11 days; between the time the nofice was received and the clean up was done was 6 days. There was time to have it cleaned up. The chazge reflects the work that was done. Perhaps the City did less work because the work was started by the owner. A large part of the chazge is the expense of sending the equipment and crew to Yhe property. Gerry Strathman recommends approval. Mr. Gurkin asked was there other recourse. Mr. Strathman explained that Mr. Gurtin would need to send him something in writing by noon of September 21. The City Council will make the final decision in this matter. 952 Euclid Street (J0004A) (No one appeared to represent the property.) Dick Lippert stated the owner will be out of town today and wishes to reschedule. Cerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. � LEGISLATIVE HEARING MIN[JTES OF 9-19-2000 1023 Carroll Avenue (J0004A) � �, Page 5 Tom Moriarty, owner, appeared and stated he purchased the properiy on May 1 and did not receive any notice. He was also cleaning up the properry. The last half of May, Mr. Moriarty, his two brothers, and a hired person spent five days cleaning it up. He bought with him the cancelled checks. Gerry Strathman stated the orders were mailed on May 9 according to his paperwork, and the City did the cleanup on May 25. Steve Magner stated on 5-8-00, an inspector went to the property and posted a sununary abatement. The Browns and Standard Federal Bank were listed as the owners of the property. Code Enforcement was not aware that Thomas Moriarty purchased the property until May 26. This is a registered vacant building, and there were vacant building placazds on the buiiding. The placazds read that if someone has ownership interest in the building, they need to contact the city. (T'he first videotape dated 5-22-00 was shown.) Steve Magner stated the dumpster was fust noticed on May 1. On May 8, the inspector wrote a summary abatement. He cailed BFI, who indicated they had no contract for the dumpster. Because it was overflowing, Code Enforcement decided to issue a snmmary abatement. Mr. Moriarty stated the seller of the property hired the dumpster, left the check on the front door, and that check bounced. Mr. Moriariy is happy to clean the properry, and if the City notified him, this abatement would have been unnecessary. Mr. Strathman responded the City did not know he was the owner. The City's responsibility is to go to the legal records and contact the owner. At that time, the records had not been changed yet. Mr. Moriarry stated he calied Don VJagner (of LIEP) on May 1. Mr. Magner stated Don Wagner, who does the inspections and signs the permits, works in another office. The property is monitored by the Code Enforcement-Vacant Buildings Department. The previous owner should have disclosed ihe assessment information to Mr. Moriariy. Code Enforcement had no indication that Mr. Moriariy existed in this picture. (Mr. Magner showed Mr. Moriarty a copy of the paperwork that was posted on the property.) Mr. Moriarry stated he was in the process of doing the wark and to charge him $1,200 for what he could do for $500 is unfair. BFI stated the dumpster was $450, which he has in writing. Steve Magner stated the chazges are as follows: 1.5 hours of labor for $337.50; 45 yards for $810; tire, $10; mattress, $10; one appliance, $30. Mr. Magner stated the $810 would be for the cost of the dunnpster plus the cost of dumping the additional refuse. (The second videotape was shown.) Mr. Lippert stated more than five yazds were removed. It looks like 45 yards in addition to the rolloff. If $450 was paid for the 40 yazd rolloff, the second 45 yazds is somewhat of a bargain. Mr. Strathman concurred: there was more than five yards of trash on the videotape. � - g�" �s LEGISLATIVE HEARING MIIIL�TES OF 9-19-2000 Gerry Strathman recommends approval. 769 Burt Street (70004� Page 6 The owner appeazed and stated he was out of town. (Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Stratbman recommends laying over to the September 26, 2000, Legislarive Hearing. 310 Goodhue Street (J0003� (The owner appeazed and had the green card with trim and, therefore, did not mail it.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. 600 Grotto Street North (J0004B) (No one appeazed to represent the property.) Legislative Hearing Officer recommends approval. 621 Humboldt Avenue (JOOOSV) (The owner appeazed; however, Code Enforcement had not received the green card indicating this address would be appealed.) Gerry Strathman recommends laying over to the September 26, 2000, Legislative Hearing. {Note: 238 Winona Street East (30004B) was heazd at the 9-9-00 meeting. Gerry Strathman recommended approval. See the 9-4-00 minutes for fwther details.) Resolution ordering the owner to remove or repair the bnilding at 414 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared to represent the property.) Steve Magner reported the building was condemned September 1999 and has been vacant since 9-17-99. Five smnmary abatement notices have been issued to remove refuse, cut grass, secure dwelling. On 7-6-00, an inspection was conducted and a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. The property remains in a condifion which compromises a nuisance as defined by the legislarive code. The vacant building fees are due. A citafion was issued for failure to pay the vacant building fee. Real estate taxes aze unpaid. Taxarion has placed an estimated mazket value of $49,500. oo--g�� LEGISLATNE HEARING MINUTES OF 9-19-2000 p� � Gerry Strathman asked was there any communication with the owner or mortgage company. Mr. Magner responded the owner has not contacted Code Bnforcement recently. She may be losing the property to the mortgage company, which has not contacted Code Enforcement Gerry Strathman recommends approval. Resolution ordering the owner to remove or repair the building at 682 Westera Avenue NorEh. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Eugene Hutchinson, 1239 Van Buren Avenue, appeared and stated he took care of the summary abatement order last week. Steve Magner told him to appear for tiris meeting. Steve Magner reported Mr. Hutchinson is a relative of the owner who is deceased. He is trying to work out an agreement with the estate to purchase the property. Mr. Magner told Mr. Hutchinson that he or someone from the estate should attend the meeting today. Gerry Strathman asked does he own the property yet. Mr. Hutchinson said no. Mr. Magner reported the building was condemned in September 1999 and has been a vacant building since September 20. The owner is the estate of George E. Thomas per Runsey County. There have been six summary abatement norices to cut tall grass and remove refuse. On 7-1 I-00, an inspection of the building was conducted and a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. The properiy remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building fees aze due. Real estate taxes are unpaid. Taxation has placed an estimated market value of $33,800 on the properry. A code compliance inspection has not been applied for, and the bond has not been posted. The estimated cost to repair is $50,000; estimated cost to demolish, $8,000 to $9,000. Mr. Strathman asked about his plans to purchase the property. Mr. Hutchinson responded he is trying to get the plans together to start on it. The properiy would go through probate and go to the grandfather's two sons. Mr. Strathman stated tlus is an almost impossible situation. Somebody needs to establish ownership and then be willing to post a$2,000 bond to rehabilitate the building within six months. This will come before the City Council on September 27. Mr. Strathman asked can Mr. Autchinson establish ownerslup by then. Mr. Hutchinson responded he will see what he can do. Gerry Strathman recommends granting the owner sis months to complete rehabilitation of the property on the conditiott that the following is done by noon of September 27, 2000: 1) obtain a code compliance inspection, 2) post a$2,000 bond. If these conditions are not done by September 27, Mr. Strathman will recommend the building be removed or repaired within 15 days. Mr. Magner stated that if these conditions aze not met, there is nothing that code Enforcement can do for Mr. Hutchinson. LEGISLATIVE HEARING MINUTES OF 9-19-2000 �� Page S Resolution ordering the owner to remove or repair the building at 1497 York Avenue. If the owner fails to comply with the resolnrion, Code Enforcement is ordered to remove the bnilding. Hendrie Grant, owner, appeared and stated he plans to repair the property and resell it. Steve Magner stated Mr. Grant has posted the bond, and a code compliance inspection has been done. Gerry Strathman recommends granting the owner sis months to complete rehabilitation of the properiy. T'he meeting was adjoumed at I 1:15 a.m. � .