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01-1028� + 7 � r CouncilFile# �\-�0�=' Green Sheet # � p a.S .,'L''2� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA S3 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 two story, wood frame, duplex and the detached, two-stall, wood frame gazage located on 4 property hereinafter referred to as the "Subject Property" and commonly lrnown as 850 Sims Avenue. This 5 properry is legally described as foliows, to 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 36 37 38 39 Lot 102, EXCEPT theWest 13 2/3 feet thereof, and Lots 8 and 9, in Block 1, Williams' Rearrangement of Block 7 and part of Block 4, Nelson's Addirion to the City of St. Paul. WHEREAS, based upon the recards in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on ar before January 30, 2001, the following are the now lalown interested or responsible parties for the Subject:Michael & Becky Ramstad, 502 Johnson Street, Warren, IL 61087; Samatha Mathues, 850 Sims Avenue, St. Paul, MN 55106;Ronald Joseph Adams, 676 Wells Street, St. Paul, MN 55106; Aames Capital Coxp., California Plaza 2, 350 South Grand Avenue, 42 Floor, Los Angeles, CA 90071, loan #DG000072; Anoka County Property Records, 2100 3r Avenue North, Anoka, MN 55303, Attn: Beverly Nelson; Checkwright of Minnesota, P.O. Box 39814, Edina, MN 55439; Gopher Disposal, P.O. Box 6, Newport, MN 55055 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 Mazch 19, 2001; and WHEREAS, tlus order informed the then lmown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WIIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by April 18, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and o �-�oir 2 3 4 7 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 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, September 25, 2001 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to Uae public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure 9n accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WI-IEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 3, 2001 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 850 Suns Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � � 7 � 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 Imown responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition haue 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 aze as previously stated in this resolurion and that the notification requirements of Chapter 45 have been fulfilled. •'� ' The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. o►-�o�r 1 2. If the above corrective action is not completed within this period of tune the Citizen Seroice Office, 2 Division of Code Enforcement is hereby authorized to take whatever steps are necessary to 3 demolish and remove this siructure, fill the site and charge the costs incurred against the Subject 4 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 6 7 8 9 10 11 12 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property 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 tnne period. If all personal properry 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 fiuther 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. Adopted by Council: Date �� ,. 7�� oo � Adoption Certified by Council Secretary Requested by Depariment of: Citizen Service Office: Code Enforcement By: � � �'orm Approved by City Attomey BY: '�� �3 - '�-..-a.�...-��� By' Approved by Mayor: Date ��� f 6��� Approved by Mayor for Submission to Council By: C?���G�-��G'I'/f � �. r / / � �� i Ol�`�?� ,_-� INRIATEO ��.,� GREEN SHEE'R�no��G��I� 2Qa1 m 0 TOTAL # OF SIGNATURE PAGES . � v (�t Y ATTORNEY ��� 0��,� w���,,,�.,�, ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) ry Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If ; owner fails to comply with the resolution, the Citizen Service Office, Division of Code Bnforcement is ordered remove the building. The subject properiy is located at 850 Sims Avenue. PLANNING CAMMISSION CIB CAMMYTTEE CNIL SERVICE COMMISSION RSONAL SE2VICE CON7RACf5 MUST ANSWER TXE FOLLOWIN6 QUESTION55 Hes Ni5 persor�rm ever varked UrMer e cun(ract fw Ni6 tlepaMieM'7 YES NO Has this P�M�m ever been a dly empbyee4 ' YES NO Dces ihis persaMrm posseas a sldll not normellypossesse0 by airy curteM city empbyee7 YES NO k tliis PereoMnn a taipe[etl ventlol) . YES NO , This building(s) is a nuisance btulding(s) as defined in Chapter 45 and a vacant buildingas defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and7esponsible partizs lrnowii to the Enfor,cement Officer were given an order to repair or remove the building at S50 Sims Avenue by April 18, 2001, and have failed fo comply.with those orders. The Gity will eliminate a nuisance. The City wil�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 ta�ces. remain unabated in the souece Nuisance Housing Abatement This building(s) will continue to blight the community. COSTIREVENUE BUDGEfm (GRCLE ON� ,�crry�n.,,u,��e 33261 iNFOwumow �owwt+� r � �- � ��P � �. 2061 NO o �.�o� .�. Date: October 16, 2001 Time: 10:00 am. Place: Room 330 City Hall I S West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Appeal of summary abatement order for 697 Surrev Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) Legislative Hearing Officer recommends denying the appeal. 2. Resolution ordering the owner to remove or repair the property at 393 Sidnev Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 10-2-01) Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation ofthe property on condition that a$2,000 bond is posted by noon of October 24, 2001. Resolution ordering the owner to remove or repair the property at 667 Maenolia Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval of the resolution. 4. Resolution ordering the owner to remove or repair the property at 299 Arlinaton Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legisiative Hearing Officr.r recommends withdrawing the resolution. 5. Resolution ordering the ownerto remove or repair the propezty at 850 Suns Avenue. If � the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 9-25-01) Legislative Hearing Officer recommends approvai of the resolution. � MINUTES OF THE LBGISLATIVE HEARING Tuesday, October 16, 2001 Room 330 City Hall Gerry Strathman, Legisiative Hearing Officer STAFF PRESENT: Steve Magner, Code Enforcement; Mike Morehead, Code Enforcement The meeting was called to order at 10:00 a.m. Appeal of summary abatement order for 697 Surrev Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) 01-��'+-tr Gerry Strathxnan stated this is an appeal of an order issued to Sharon Anderson in September. The order was to remove improperly stored refuse, cut and remove tall grass, weeds, rank plant growth, and remove portion of fence. Ms. Anderson filed an appeal and the City Council sent this matter back to Mr. Strathman for a recommendation. Bill Dahn, 240 Baker Street East, representing Sharon Anderson, appeared and stated he does not know where the Ciry got the list of items on the sumuiary abatement order. Mr. Strathman asked aze there tall weeds and grass. Mr. Dahn responded no. If there are, they have grown since he was there. He supports the paperwork that Sharon Anderson has submitted. The last time she was before the City Council, they did not have the paperwork. She wants to know who are the complaining parties. Under state law, responded Mr. Strathxuan, the City is prohibited from disclosing the complainants. Mr. Strathman stated he needs some evidence that the order is improper, for example, photographs showing there are no tall weeds, videotape, etc. Mr. Dahn responded he does not have anything with him at this time, The $250 for this assessment is too high and even attorneys do not make that much. It seems he and Ms. Anderson aze being harassed and hazassment is a bigger chazge than tall weeds. Mr. Strathman asked aze there any photographs showing the property. Steve Magner responded it would be best to have Mr. Dahn or the owner meet with the enforcement officer or the supervisor at the location so they can go over the issues because Mr. Magner does not have photographs. In order to grant the appeal, stated Mr. Strathxnan, he would need some evidence to show the property is cieaned up, and he does not have that. Mr. Dahn responded that Mr. Strathman also does not haue any evidence showing it is bad. Gerry Strathman recommends denying the appeal. He suggested Mr. Dahn or Ms. Anderson make arrangements for the supervisor and inspector to look at the properry, If they look at the properry and find there is no reason for this order, then they will withdraw the order and the matter will be closed. This matter wili go before the City Council. Mr. Dahn responded Ms. Anderson wants it to go before the City Council. b�_�o1i' LEGISLATIVE HEARING MINUTES OF OCTOBER 16, 2001 Page 2 Resolution ordering the owner to remove or repair the property at 393 Sidnev Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 10-2-01) (Steve Magner submitted photographs.) Steve Magner stated this has been laid over twice. The properry was suppose to have gone through a closing, and the new owners were suppose to post a bond. A code compliance inspection has been done, but the bond and closing have not occurred. T'hey may be trying to have these things done by the City Council meeting on October 24. Gerry Stratlunan recommends granting the owner six months to complete the rehabilitation of the properry on condition that a$2,000 bond is posted by noon of October 24, 2001. Mr. Magner stated he will notify George Borer, the attomey. Resolution ordering the owner to remove or repair the property at 667 Magnolia Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) 5teve Magner stated this property has been vacant since December 5, 2000. The current owner is Vicki Adams, also known as Vicki Knight. Six sununary abatement notices were issued to secure doors, cut tall grass, remove refuse, remove snow and ice, and abate vehicles. On August 2, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on August 10, 2001, with a compliance date of September 10. As of this date, the property remains in a condirion which comprises a nuisance as defined by the legislative code. The vacant building fees aze due. Real estate t�es aze paid. Taxation has esfimated the market value of the land as$12,200; estimated market value of the building prior to the fire, $47,904. A code compliance inspection nor bond have been applied for. Demoiition is between $7,000 and $8,000. The owner has contacted Code Enforcement. Her last ca11 to the area inspector was that she was not going to fight the demolition of the building. Gerry Strathman recommends approved the resolution based on Mr. Mag�er's testimony and the fact that the owner is not here to represent the properry. Resolution ordering the owner to remove or repair the property at 299 Arlington Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. The foliowing appeazed: Marjorie Frahs (owner Richard Spreigl's niece) and Reneya Mayberty (Ms. Frahs' niece and Mr. Spreigl's great niece). Mike Morehead reported this property has a long history. Many yeazs ago when Highway 35 was run through, this famify was relocated by the state. The City granted the new locarion a nonconforming use status. This properry was used as a landscaping business. The business went b�-�o�.Y LEGISLATIVE HEARING MINUTES OF OCTOBER 16, 2001 Page 3 defunct a few years ago. Landscaping equipment items were left to accumulate on the properry so long that uees were growing through the tires. A number of buildings on the property fell down from lack of maintenance. It was determined that the property was not used for commercial purposes; therefore, it reverted to residential wning status. At that point, all the miscellaneous materials on the properry were no longer fit for residential applications. Last yeaz, stated Mr. Morehead, Code Enforcement stazted dealing with the Spreigl family. The principle owner Richard is elderly and has not been able to accomplish the cleanup. Code Enforcement issued orders and gave the owners a deadline to get the properry cleaned up. The owners were not able to get rid of the big equipment. The City bzought in a large abatement crew. They were limited to $3,000, which is the summary abatement limit, but they ran up a bill of $3,500. Mr. Morehead stated he knows he cannot assess that much; therefore, he will assess $3,000. Seventy-Five percent of the problems were eliminated. Mr. Morehead went on to say he started the paperwork to extend the abatement work beyond the $3,000 limit. That paperwork will not be on the City Council agenda until November. The owners have until early November to finish cleaning up the property. The owners have been given verbal orders and Code Enforcement is going to follow up this week with formal written orders. With the bulk of the big siuff removed, it is possible the family can clean up the little stuff. The $3,000 assessed greatly improved the value of their land. Gerry Strathman stated the order before him today is a resolution to remove or repair the properry. Steve Magner responded there were two or three accessory struchues, numerous vehicles, metal machinery, and other related items that were there. Mr. Morehead stated the buildings are gone, but the remnants and things underneath the building aze still sticking up. Mr. Strathman asked what Code Enforcement is seeking today. Mr. Morehead responded before he can do a substantial abatement, owners of the properry aze to appear before Mr. Strathman. Code Bnforcement wants Mr. Strathman to determine that the need to finish up this abatement is proper. Mr. Morehead needs a recommendation from Mr. Strathman that if the property is not cleaned up by November 7 or 8, then Code Enforcement can finish it. Therefore, he needs authority from the City Council to levy more than a$3,000 lien on the property. Code Enforcement is continuing to work with this family. What is left is light work; the heavy stuff has been taken out. By the time the City Council heazs this matter, there is a good chance it will be cleaned up. This is just an insurance policy that if they cannot get it done, Code Enforcement will fuush the job so the file can be closed. Mr. Strathman stated the paperwork before him is for removal of buildings that have already been removed. Regazdless of the paperwork, what is being discussed here is an order to conduct a substantial abatement at this properry if the owners do not clean up the property by a specified date. When they originally looked at this properiy, stated Mr. Magner, to do the cleanup would have been beyond $10,000, which included the buildings. Since the owners have removed some of the buildings or broken down the buildings, Code Enforcement has removed them under the standazd summary abatement. What is primarily left is to clean up the site, grade it, seed it, and p�—io�r LEGISLATIVE HEARING MINU'I'ES OF OCTOBER 16, 2001 Page 4 straw it until it grows. If the owners can accomplish that task, Code Enforcement would not spend any more money there. What is really being asked, stated Mr. Strathman, is approval by the Ciry Council to do a substantial abatement at this property if the owners have not taken care of it prior to October 24. Mr. Magner added that after the Mayor signs it, it would probably be the first week of November before they could send someone out to finish the work on the property. Mr. Morehead stated the big deadline is winter. If the owners can make substantial progress, he will let them finish it. Ms. Frahs stated they took photographs. There is some bnxsh that has to be cleazed behind the house. There is a little patch in the middle of the property. There aze some trees that have to come down. Along the fence, dirt that has to be brought down to grade. They fixed the hole in the garage. Mr. Morehead responded they do not have to take the trees down. Next to the base of the trees is a hole with items sticking out of the ground. The items are considered hazardous waste. Anyone that hauls these items out has to be informed of this. (Ms. Frahs showed photographs to everyone.) Mr. Strathman asked aze they alright with what Mr. Morehead wants to do. Ms. Frahs responded yes, but was concerned about liens on the house. Mr. Magner responded assessments can go on the t�es. There can be another hearing when the family gets the assessment or T�ation can be called and asked to space it out. All taxes and assessments haue to be paid before a property is sold. Gerry Strathman recommends withdrawing the resolution before him today and approval of the authority to conduct a substantial abatement at this properiy if necessary. The City Council will need the proper paperwark developed. If the City Council approves it, Mr. Morehead will have the authority to do more work at the property. Resolution ordering the owner to remove or repair the property at 850 Sims Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 9-25-01) (Mr. Magner submitted photographs.) Steve Magner reported this properry was condemned in May 2000. It has been vacant since August 21, 2000. The current owners aze Michael and Becky Ramstad. There have been two summary abatement notices for removing refuse. On Mazch 7, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on Mazch 19, 2001, with a compliance date of April 18. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. Taxation has placed an 61-\� LEGISLATIVE HEARING MINiITES OF OCTOBER 16, 2001 Page 5 estimated mazket value of $20,000 on the land and $16,700 on the building. On August 30, 2001, a code compliance inspection was done. On April 13, 2001, the $2,000 bond was posted. Mr. Magner stated he contacted Don Wagner (License, Inspection, Environmental Protecrion), who indicated an inspector was sent to the properiy yesterday and there was not enough work completed. Also, a plumbing and heating pernut has not be pulled by a license contractor. There is no heat in this building. The owners will forfeit that bond as of today, and a new bond has not been posted. Mr. 3�athman stated he received a phone call this morning from appazently the owner who requested this hearing be delayed so Mr. Wagner could look at the building. Obviously, that is not necessary. Mr. Magner responded the owners aze trying to say that they made sheet rock and painting repairs and that is more than 50% of the work. Mr. Wagner's opinion is that is not the case. Gerry Strathman recommends approval of the resolution. The meeting was adjourned at 10:40 a.m. ,� �roxT r Date: September 25, 2001 a ��� Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer Summary Abatement Order Appeal for 1598 Hazel Street North. (Laid over from 9-4-01) Legislative Hearing Officer recommends denying the appeal. 2. Resolution ordering the owner to remove or repair the property at 2257 Hillside Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 4-17-01) Legislative Hearing Officer recommends granring the owner six months to complete the rehabilitation of the property on condition that a$2,000 bond is posted by noon of Wednesday, October 3, 2001. 3. Laid Over Sununary Abatement: JOlOSV Towing of abandoned vehicle at 376 Marvland Avenue East. Legislative Hearing Officer recommends reducing the assessment to $105 plus the $45 service fee for a total assessment of $150. 4. Sununary Abatement Order appeal for 697 Surrev Avenue. I,egisiative Hearing Officer recommends denying the appeal. Resolution ordering the owner to remove or repair the property at 850 Sims Avenue. If the owner faIls to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends laying over to the October 16, 2001, Legislative I�eating. 6. Resolution ordering the owner to remove or repair the property at 715 Preble Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legisiative Hearing Officer recommends granting the owner six months to complete the rehabilitation of the properry on condirion that the following is done by noon of Wednesday, October 3, 2001: 1) Pay the vacant building fee, 2) Get a code compliance inspection, 3) Post a$2,000 bond. �1-1�� LEGISLATIVE HEARING REPORT OF SEPTEMBER 25, Z001 Page 2 Resolution ordering the owner to remove or repair the properry at 397 Aldine Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Case is closed.) 8. Resolution ordering the owner to remove or repair the property at 473 Hatch Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. ��� CITIZEN SERVICE OFFICE Fred Owusu, Ciry C[erk CITY OF SAINT PAUL Norm Coleman, Mayor E�llgUSt 2$� 2��1 DMSION OF PROPERTY CODE ENFORCEMENT Michael R Morehead, Program Manager � �� IQ� Nuisance Building Code Enforcement I S W. Keltogg B[vd Rm. 190 Tel: 651-266-8440 Saint Paul, MIV 55102 Fax: 651266•8426 z NOTICE OF PUBLIC HEAR7N�5 ; �o��� ���Q���n co�:� Council President and 'y Members of the City Council � 6 �.�j fl��j�� , � Citizen Service Office, VacantJNuisance Buildings Enforcement Division has requested � the City Council schedule public hearings to consider a resolution ordering the repair or _ ` removal of the nuisance building(s) located at: 850 Sims Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesdaq, September 25, 2001 City Council Hearing - Wednesday, October 3, 2001 The owners and responsible parties of record are: Name and Last Known Address Michael & Becky Ramstad 502 Johnson Street Warren, IL 61087 Interest Fee Owner Sasnatha Mathues 850 Sims Avenue St. Paul, NSN 55106 Ronald 7oseph Adams = 676 Wells Street St. Paul, MN 55106 Aames Capital Corp. California Plaza 2 Contract for Deed Holder Contract for Deed Holder Mortgagee 350 South Grand Avenue, 42 Floor Los Angeles, CA 90071 loan #DG000072 850 Sims Avenue August 24, 2001 Page 2 Name and Last Known Address Anoka County Property Records 2100 3`� Avenue North Anoka, MN 55303 Attn: Beverly Nelson Checkwright ofMinnesota P.O. Box 39814 Edina, NIN 55439 Gopher Disposal P.O. Box 6 Newport, MN 55055 The legal description of this property is: Interest Tas Lien Jud�nent Creditor 7udgment Creditor Ol -�a� ' Lot 102, EXCEPT theWest 13 2/3 feet thereof, and LoYs 8 and 9, in $lock ', 1, Williams' Rearrangement of Block 7 and part of Block 4, Nelson's Addition to the City of St. Paul. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislarive Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incuned againsf fhe real estate as a special assessment to be collected in the same manner as Yaxes. Sincerely, �teve �a$ner � Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Bailding Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Councit Laurie Kaplan, PED-Iiousing Division MINUTES OF THE LEGISLATIVE HEARING Tuesday, September 25, 2001 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 10:04 a.m. C� \ \oZ� 3�. STAFF PRESENT: Roxanna Flink, Real Estate; Steve Magner, Code Bnforcement; Hazold Robinson, Code Enforcement; Summary Abatement Order Appeal for 1598 Hazel Street North. (Laid over from 9-4-01) Gerry Strathman stated that the appellant was going to consult with City staff and others as to whether the gazden was consistettt with the City's ordinance with respect to natural gardens, prairie growth, etc. He asked did the owner have time to do that. Walt Montpetit, owner, appeazed and stated a City representative catled him last Friday and left a voice mail. He was out of town and jusi retumed Sunday evening. He has not had a chance to have a conversation with City inspectors as faz as what was a landscape design versus weeds and tall grass. Harold Robinson reported he wuld not fmd a specific ordinance to cover these things. The ordinance does read grass and weeds over 8 inches high must be cut. There aze some specific plants and landscape designs that aze excluded from this. It is not composting because it is not a confained azea. It is not covered under the grass and weed ordinance because it is tall grass that has been allowed to grow. He cannot exempt it. Mr. Strathman asked is there someone in the City that laiows ptants weli enough to make a determination as to if these plants are accepted under state law. Mr. Robinson responded he has been on the properry, and it is basically tall gass and weeds. Mr. Strathman asked what makes the owner think it is something other than tall grass and weeds. Mr. Montpetit responded the area is set aside from Lhe rest of {he yazd. He looks at it as part of his landscape scheme. It is a wooded lot adjacent to the rest of the lot that is groomed, even though it is a small area. He does not know anyone who cuts weeds and ta11 grass out of a wooded lot. He asked is his yard designated as a yard or as a wooded lot. Mr. Robinson responded that specifically a wooded lot has to have a tree, and this backyazd does not have a tree. Mr. Monigetit responded there are irees back in the comer. Mr. Robinson stated this property is definitely not a wooded lot. From the description he included with his appeal, stated Mr. Strathman, there is a map that shows the nature garden is behind the gazage and surrounded by a six foot privacy fence. He asked how this came to the City's attention. Mr. Robinson responded it was a complaint based inspection. Mr. Montpetit stated he belongs to the yacht ciub and a member complained to the City about weeds and tall grass on Harriet Island. This member was told it was part of the tandscape scene. � \ `d� LEGISLATTVE HEARING MINUTES FOR SEPTEMBER 25, 2001 Page 2 It is no different than his weeds and tall grass, said Mr, Montpetit. He does not know what species needs to be cut and wluch species he can plant to conform. (Mr. Robinson gave Mr. Montpetit documents about a company that specializes in this subject.) Gerry Stratbman recommends denying the appeal. It does not appear that what Mr. Montpetit wants to do is provided for under the City ordinance. Resolution ordering the owner to remove or repair the property at 2257 Hillside Avenue. If the owner fails to comply, Code Enforcemeat is ordered to remove the building. (Laid over from 4-17-01) The foilowing appeazed: Kim McCallum, 929 Selby Avenue, and Steve Gibbs, Western National, 4I l2th Avenue North, Hopkins. Steve Magner reported this bnilding has been vacant since December 3, 1494. T'here have been five summary abatement notices to sec�se the dwelling, cut tall grass, remove refuse, remove snow and/or ice. On October 19, 2000, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photograplvs were taken. An order #a abate a nuisance building was issued on October 24, 2000, with a compliance date of November 27. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code. The real estates ta�ces are unpaid of $6,333. T�ation has placed an estimated market value of $56,600 on the land, and $5,000 on the building. Ott July 25, 2001, a code compiiance inspection was done. A$2,000 bond has not been posted. Estimated cost to repair is $100,000 to $150,000; estimated cost to demolish, $12,000 to $15,000. This was originally before the Legislative Hearing Officer in Mazch, said Mr. Magner. It was Iaid over because the second mortgage company was going through a foreclosure process, wanted to clear the title, pay off ti�e instttaace compaay, and then sell it. The second mortgage company has been paid off and is no longer involved with this property. The original owner has physical control of the buiiding, but there is still an issue with the insurance company for the first mortgage company. Mr. McCallum stated he plans to take the next week and decide to sell the properry, rehabilitate it, or tear it down and rebuild. As of yesterday, there was a settlement. n'I�'. Cn�bbs sta#ed Westem National utill be satisfied wiih the agreement. They are now in the middle of foreclosure on the property. They wilt be out of the picture when that happens and the McCallums can take whaYever action they would 3ike. Mr. Strathman asked is he prepared to posi the $2,000 bond. Mr. McCatlum responded he is. Gerry Strathman recommends granting the owner six months to complete the rehabiIitation of the properry on condition that a$2,000 bond is posted by noon of Wednesday, October 3, 2001. LEGISLATIVE HEARING MINUTES FOR SEPTEMBER 25, 2001 Laid Over Summary Abatement: JOlOSV Towing of abandoned vehicle at 376 Maryland Avenue East � ` ��� Page 3 Franciso JazamiIlo, owner, appeared and stated this is about a vehicle he pazked on tfie side of his gazage. He received an order to remove it. He called a towing company, and was told they would not remove it until Aprii. The City removed it in Mazch. He called the Impound Lot. He was told ihat he would not have to pay anything and he could sign over the title. The vehicle was left there. Hazold Robinson reported the velucle was abated on 7anuary 25 and towed in March. It had no current license plates. It was a proper tow. In answer to questions, Mr. Jazamillo responded the vehicle was a 1981 Honda Civic, and it did nof run. Gerry Strathman recommends reducing the assessment to $105 plus the $45 service fee for a total assessment of $150. The owner should have taken caze of the matter as soon as he got the notice. The City towed the vehicle, stored it, and sold it when they got the title. There aze costs involved. Summary Abatement Order appeal for 697 Surrey Avenue. (Sharon Anderson, appellant, sent Gerry $trathman an e-mail saying thai she is unable to attend today's meeting.) Gerry Strathman recommends denying the appeal. '� Besolution ordering the owner to remove or repair the property at 850 Sims Avenue. If the owner faiis fo eomply, Cade Enforcement is ordered to remove the buiiding. (Steve Magner presented photographs. They were later retumed.) Steve Magner reported the property was condemned May 2000. It has been a vacant building since August 21, 2000. Two summary abatement nofices have been issued to remove refuse. On Mazch 7, 2001, an inspecrion of the buiiding was conducted, a list of deficiencies which consfitute a nuisance condirion was developed, and photographs were taken. An order to abate a nuisaace buiiding was issued on March 19, 2001, with a campliauce date of April 18. As of this date, the property remains in a condifioa ti�at comprises a nuisance as defined by the legislative code. The vacant building fees are due. Estimated mazket value of ptoperty is $36,700; estimated cost to repair, $80,Oflfl to $100,000, estimated eost to demolish, $7,500 to $8,000. A code compliance inspection was done on August 30, 2000. On Aprit 13, 2001, stated Mr. Magner, a third pariy posted a$2,000 bond. His xeasoning was that he was in expectation of obtaining title after the originat owners--MichaeI and Becky Ramstad--cancelled the contract with Samantha Mathews. That bond expires by OcTOber I5. C� E- \O� LEGISLATIVE HEARING MINUTES FOR SEPTEMBER 25, 2001 Page 4 Mr. Strathman asked what happened with the citation that was issued for faiiure to pay the vacant building fee. Mr. Magner responded he does not have the file with him, but he assumes the citation was never settled. The owner is no longer in Minnesota. In September, Ms. Mathews paid the vacant building fee. Code Enforcement made an agreement with Ms. Maihews to give her six months to rehabilitate the properry and she would not have to post the bond, but would have to obtain a code compliance inspection. She obtained the code compliance inspection, but failed to act in a timely manner to rehabilitate the structure. Code Enforcement continually receives compiaints of illegal activities aad occupancy at the dwelling. There have been numerous inspections. Mr. Magner had a conversation with Don Wagner (License, Inspecrions, Environmental Protection) who said he has not been cailed to inspect tiie properry. There are stitl outstanding pernuts that need to be pulled before a code compliance can be signed off. Samantha Mathews, owner, appeazed and stated she had a code compliance inspection. The six months were up, and Rich Singerhouse (Code Enforcement) and another inspector came out on Mazch 7. She received an order to abate dated March 19 and was given until April 18 to cleaz the deficiencies. This is a different list than the original that she had six months to do. Shortly thereafter, a$2,000 bond was posted. The man who posted the $2,000 bond was under the assumption that he was going to get the house, and Mr. Ramstad had agreed to sell it to him after the foreclosure proceedings against her. Ms. Mathews also cazne up with $5,000, took tlte maYter to district court, and saved her house. Three hours after she won the court case, there was a legislative heariwg notice from Mr. Magner. Throughout this whole time, she has left several messages and has never had her ca11s retumed. On her last visit with Mr. Magner, he said he was fuushed with Yl�is maiter and would put Mike Morehead (Code Enforcement) in charge of it. Her house is more than 50% done. Ms. Mathews has photographs and �davits from her neighbors. One of the people complauring wouid be a neighbor right next door to her who would Iike to obtain her properiy. Ms. Mathews received two summary abatement notices: one was for a dog and one to clean up the property. The bond expires on October 13. Don Wagner would like to inspect the properry to see what has been done. Gerry Strathman recommends laying over to the October 16, 2001, Legislative Hearing. He does noY think the City should move on this properry while the current bond is still in effect, but that is only for approximately two more weeks. There needs to be an inspection of the property before the bond is eacpired to determine if it can be e�ended another six months. ResoluYion ordering the owner to remove or repair the property at 715 Preble Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (3teve Magner submitted phoLographs.) Catherine Davis, 1453 Arkwright Avenue #301, owner's daughter, appeared. Gerry Strathman stated the docutnent in front of him has Gilbert Castilla as the fee owner, Long Beach Mortgage Company as the mortgagee, and Katherin and Michael Davis as interested parties. Ms. Davis responded she is not sure how her name got onto the paperwork other than the fact that Gilbert is her dad. He purchased the house in August. He is disabled and Ms. Davis C5 � \c�?� LEGISLATIVE HEARING MINLTTES FOR SEPTEMBER 25, 2001 Page 5 handles most of his business. They had done the work on the house and moved in unaware that it was a vacant house. Steve Magner reported this building has been vacant since June 10, 1999. There have been seven summary abatement notices issued to remove refuse, cut tall grass, secure structure. On August 1, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on August 6, 2001, with a comptiance date of August 21, 2001. As of tfiis date, this properiy remains in a condition wlvch comprises a nuisauce as defined by the legislative code. The vacant building fees are due. Real estate taxes aze unpaid in the amount of $1,073.99. Prior to the fire, Tasation had placed an estimated market value of $11,000 on the land and $38,400 on the building. The estimated cost to repair this structure is $50,000 to $60,000; estimated cost Yo demolish, $7,000 to $8,000. On August 3, 2000, a code compliance inspecrion was done. No bond has been posted. Mr. Magner stated this was a registered vacant building, and vacant building placazds were on it. The owner was put on notice not to occupy this building. There were two citations issued for illegal occupancy. They were occupying a registered vacant building when the fire occurred. Mr. Strathman stated the photographs do not indicate a fire. Mr. Magner responded the fire was contained in the interior of the dwelling. There was heavy smoke damage throughout. There was no burn through to the outside; it is a stucco �terior. Mr. Strathman asked was the extent of the damage cosmetic or structural. Mr. Magner responded there was heavy smoke and water damage throughout. The building has been abandoned since that time. There may have been more estensive water damage since then. Ms. Davis stated she takes care of her father; be is not well. He purchased the property on August 9, 2000, from the previous owner. She does not haue legai control over his decisions. Ms. Davis was not aware the properry was a registered vacant house. It was obvious there were things that needed to be done to the properry. Every pipe in the basement was busted. There was no ruiming water nor electricity. She knew it had to meet certain codes before it cautd be tegatiy occupied. She hired a company to replace the plumbing in the basement, and an outside spigot that leaked. The connection to the water heater had to be replaced. They laid carpet and painted. After she did the work, she moved in and was unaware that she couldn't. In September, a man came to the house and explained to her husband that they could not live there because the property was registered as being legally vacant. When she found this out, she had just given birth to her daughter. When she was able to, she contacted various people in the City. The fire that occurred on June 12 has rendered the condition of the house worse. Long Beach Mortgage holds $30,000 of insurance settlement on the fire to have it repaired. Ms. Davis went on to say she came into possession of a code compliance inspection dated August 3. After talking to Mr. Magner, he explained their contractor could walk through the house with the list, and he would know if it has been done. They could obtain a permit for the code compliance issues and a permit for the fire damage. Her comractor did a waIk through. She o t ��� LEGISLATIVE HEARING MTNUTES FOR SEPTEMBER 25, 2001 Page 6 cannot get tiie code compliance issues done untiI the fire damage is cleaned up to see what she is left with, but she cannof get the fite damage taken care of untiI she gets the code compliance issues taken care of. Mr. Strathman asked was she aware that the repair cost may be between $50,000 to $60,000. Ms. Davis responded over half the list has been fixed. With the fire damage, there is additionaI work to be done. The mortgage company is holding $30,000. Mr. Strathman asked is the AugusY 3, 2000, code�compliance inspection an accurate representation of what needs to be done. Mr. Magner respon@ed Don Wagner (License, Inspections, Environmental Protection) would have to go through the building and make a deternrination as to what has to be completed, was it done under permit, and can it be signed off. If not, it has to be done under permit. Most likely, Mr. Wagner will noY give a code compliance certificate without including the fire damage items. Another code compliance inspection is needed, asked Mr. Strathman. Mr. Magner responded vacant building fees need to be paid, a code compliance inspection completed, and a bond needs to be posted. Also, the building should be unoccupied and secuzed, Gerry Strathman recommends granting the owner six months to complete the rehabilitation of the property on condition that the following is done by noon of Wednesday, October 3, 2001: 1) Pay the vacant building fee, 2) Get a code compliance inspection, 3) Post a$2,000 bond. Resolution ordering the owner to remove or repair the property at 397 Aldine Street. If the owner fails to compty, Code Enforcement is ordered to remove the building. Steve Magner reported the hause has been moved to another location. (Case is closed.) Reso�ufion ordering the owner tv remove or repair the praperty at 473 Hatch Avenue. If the owner fails to comply, Code Eaforcement is ordered Yo remove the building. (Steve Magner submitted phoYographs.) Steve Magner reported this property has been condemned and vacant since November 2000. Five summary abatement notices have been issued to cut tall grass and remove refuse. On August 1, 2001, an inspection of the building was conducted, a list of deficiencies wluch constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance condition was issued on August 6 with a compliance date of August 21. As of this date, this properiy remains in a condition which comprises a nuisance as defined by the legislative code. The City has boazded the building against trespass. The vacant building fees are due. Real estate t�es aze unpaid of $2090.38. Taxation has placed an estimated mazket value of $6,500 on the land. Before the fire, the estimated mazket value of the building was $34,800. As C> \— \c�Z� LEGISLATIVE HEARING REPORT OF SEPTEMRER 25, 2001 p� 7 of today, a code compliance inspecrion has not been applied for and a bond has not been posted. The estimated cost to repair is $40,000 to $50,000; estimated cost to demolish, $6,000 to $7,000. Mr. Maguer stated the owner has tried to sell the properiy with no luck due to the small size of the structure, low ceilings, and numerous problems with the building. About a montfi ago, the owner asked Mr. Ma�er what would happen if the Cily demolished the shvcture. Mr. Magner explained the lot would remain his property, and the cost of the demolition would be assessed on the taYes. Gerry Strathman recommends approval. The meeYing was adjoumed at 11:02 a.m. rrn � 1- \ UZ� 53 , CTI'Y OF SAINT PAUL INTERDEPARTMENTAL MEMOI2ANDUM DATE: November 6, 2001 TO: Gerry Strathman FROM: Donald F. Wagner � t� RE: 850 Sims Avenue As per your direction, I tried to get into this property to personally inspect and determine status of rehabilitation but the owner DOES NOT RESPOND. On four (4) occasions I left a message on her telephone answering machine. Also, I spoke with a friend ofher's from our office telling her ofthe urgency and the fact she has not responded. But stili NO response. The onlypermits secured for rehabilitation of this propertywera a Electrical Permit with a valuation to do five hundred dollars ($500.00) worth of electrical repairs and a Building Permit to do five hundred dollars ($500.00) worth of general repairs. The orieinal re�ort calls far many areas to be uncovered where unacce tn able work was done, along with inspection of these areas by a qualified engineer, a7so, plans were to be submitted detailing light, ventilation, egress from various rooms ALL of which has NOT been done. Where walls, ceiling and miscellaneous repairs of a cosmetic nature were done much of which would possibly have to be redone. So an adequate Building Permit was not obtained nor has there been any attempts to secure a Plumbing ar Heating Permits. It was reported that there is no electricity on in building nor is there a heating plant. Inreviewing orig'tnalreports, discussions with inspectors, reviewingpictures and exterior inspection, I would estimate there would be approximately twenty percent (20%) of work is completed that is necessary and approximately five percent (5%} totaI dollar expenditure was made that is necessary to complete project. ca Steve Magner �FFICE OF LICEN5E, IIJSPECTIONS AND ENVII20NMENTALPROTECTION Robert Kessler, Directar C1TY OF SANT P�UL Norm Colemars, :Nayor L�tl�tlSi J1� �Q�� E1R.T� ADAMS 872 PAYNE AVE ST PAUL MN �5101 Re: 850 Sims Avenue File # : 00 141139 VB3 Dear Property Owner: L04i'RYPROFESSIONAL BUILDING 350 S[. Petu Sdee{ Suire 300 SaintPau{,Ninncro[a �5702-IS10 C�i-i�� 7elepkane: 6�1-?66-9090 Fuuim ile: 6� I -?66-9099 651-?66-91?� Pursuant to your request 850 Sims Avenue was inspected and the foilowing report is submitted: BUTLDING Almost to entire building and garage has been worked on and the worlananship for the most part is unacceptable. The entire cellar walls and ceilin�s will have to be removed, coverin�s, on side exterior, stauway shail be removed and along with any other questionable structural conditions exposed and aIl inspected by a registered Shuctural Engineer and corrections made as per their recommendations. There have been alterations made to walls, windows, doors, etc. All existing shali be put in pians showin� rooms, window sizes (operating and fixed} and corrections made as necessary to provide light, ventilarion, egress, etc. depending on usage. All walls, ceilings, floors, foundation, shucture, stairs, steps, trim, doors, windows, siding, roof, etc. must be put in a finished condirion and meeting the appropriate codes in a workmanship manner before this building is re-occupied. ELECTRICAL i. Ittsure proper fuses or breakers for all conductors. 2. Repair or replace ailloose or broken devices and fixtures. 3. Check a113-wire outlets for proper polarity and ground. 4. Througkout building, install outlets and fi�ztures as per Bulletin 8Q-1. 5. Install smoke detectors as per Bulletin 80-1 and U.B.C. � C�� �o ���5 April 17, 2001 Page Two ELECTRICAL - Continued 6. Replace open wirin�, and broken conduit throughout. 7. In the �arage, rewire to code. Including feed. (Iasure that under� wirinJ is appzoved for under�ound installation.) PLLIMBING 1. Provide vent to all basement fixtures. 2. No PVC and ABS allowed to be glued together. 3. Cap or plug all open waste and vent pipes. � 4. Provide approved vent to water heater. (Red tao�ed water heater for vent) 5. Test all gas piping for leaks and cap all open gas pipes. 6. Provide backflow proteckon to boiler, laundry tub and outside silcocks. 7. Repair leak to second floor bath and provide approved piping. 8. Provide approved faucet to second floor bath tub. 9. Provide approved plumbing vent tiuew roof. MECHANICAL 1. Install3/4" gas main--remove stop valve and replace cap with valve in it on dirt leg. 2. Install approved lever handle manual gas shutoff valve on boiler. 3. Clean and ORSAT boiler burner. Check all controls for proper operation. 4. Install cliimney liner. 5. Tie boiler and waYer heater venring into cl�unuey liner. 6. Provide adequate clearance from flue vent pipe on boiler to combustible materials or provide approved shielding according to code. 7. Recommend adeqnate combustion air. - 8. Provide support for gas lines to code. 9. Support supply and retuzn piping for heating system according to code. 10. Test hot water/steartt keating system for leaks. 11. Pipe boiler relief valve discharge to withitt 18" of the floor. 12. Provide back f�ow preventer on city water fill line to hot water/steasn heating system. 13. Provide heat in evezy habitable room. NOTE: There is an older boiler with a broken manual gas valve and bad venting. Most of the finest tube radiation is damaged and all the covering is missing. Replace radiation throughout the house and bring the boiler up to code. a C�`-102�5 �o ��S Apri117,2001 P3ee ThrPe NOTES 1. See attachment for permit requirements. 2. Tkis properiy is designated by the Vacant Buildiags Department as a Category #3 which requires a$2,000 Performance Sond or Deposit at the time the permit is issued. 3. Provide plans and specifications as to what is to be rebuilt. 4, All items noted as recommended do not have to be completed for code compliance but should be completed at a later date. Possibie purchasezs of property shall be made aware of these items. 5. There is dangerous electricai, building and plumbing conditions present and all ntust be address before any rehabilitation is considered. ZONTNG 1. This property is a legal duplex. Sincerely, Q�� �� Dottald F. Wagner Building Inspector DFW:sla Attachments - 4 � + 7 � r CouncilFile# �\-�0�=' Green Sheet # � p a.S .,'L''2� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA S3 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 two story, wood frame, duplex and the detached, two-stall, wood frame gazage located on 4 property hereinafter referred to as the "Subject Property" and commonly lrnown as 850 Sims Avenue. This 5 properry is legally described as foliows, to 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 36 37 38 39 Lot 102, EXCEPT theWest 13 2/3 feet thereof, and Lots 8 and 9, in Block 1, Williams' Rearrangement of Block 7 and part of Block 4, Nelson's Addirion to the City of St. Paul. WHEREAS, based upon the recards in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on ar before January 30, 2001, the following are the now lalown interested or responsible parties for the Subject:Michael & Becky Ramstad, 502 Johnson Street, Warren, IL 61087; Samatha Mathues, 850 Sims Avenue, St. Paul, MN 55106;Ronald Joseph Adams, 676 Wells Street, St. Paul, MN 55106; Aames Capital Coxp., California Plaza 2, 350 South Grand Avenue, 42 Floor, Los Angeles, CA 90071, loan #DG000072; Anoka County Property Records, 2100 3r Avenue North, Anoka, MN 55303, Attn: Beverly Nelson; Checkwright of Minnesota, P.O. Box 39814, Edina, MN 55439; Gopher Disposal, P.O. Box 6, Newport, MN 55055 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 Mazch 19, 2001; and WHEREAS, tlus order informed the then lmown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WIIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by April 18, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and o �-�oir 2 3 4 7 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 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, September 25, 2001 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to Uae public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure 9n accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WI-IEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 3, 2001 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 850 Suns Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � � 7 � 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 Imown responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition haue 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 aze as previously stated in this resolurion and that the notification requirements of Chapter 45 have been fulfilled. •'� ' The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. o►-�o�r 1 2. If the above corrective action is not completed within this period of tune the Citizen Seroice Office, 2 Division of Code Enforcement is hereby authorized to take whatever steps are necessary to 3 demolish and remove this siructure, fill the site and charge the costs incurred against the Subject 4 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 6 7 8 9 10 11 12 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property 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 tnne period. If all personal properry 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 fiuther 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. Adopted by Council: Date �� ,. 7�� oo � Adoption Certified by Council Secretary Requested by Depariment of: Citizen Service Office: Code Enforcement By: � � �'orm Approved by City Attomey BY: '�� �3 - '�-..-a.�...-��� By' Approved by Mayor: Date ��� f 6��� Approved by Mayor for Submission to Council By: C?���G�-��G'I'/f � �. r / / � �� i Ol�`�?� ,_-� INRIATEO ��.,� GREEN SHEE'R�no��G��I� 2Qa1 m 0 TOTAL # OF SIGNATURE PAGES . � v (�t Y ATTORNEY ��� 0��,� w���,,,�.,�, ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) ry Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If ; owner fails to comply with the resolution, the Citizen Service Office, Division of Code Bnforcement is ordered remove the building. The subject properiy is located at 850 Sims Avenue. PLANNING CAMMISSION CIB CAMMYTTEE CNIL SERVICE COMMISSION RSONAL SE2VICE CON7RACf5 MUST ANSWER TXE FOLLOWIN6 QUESTION55 Hes Ni5 persor�rm ever varked UrMer e cun(ract fw Ni6 tlepaMieM'7 YES NO Has this P�M�m ever been a dly empbyee4 ' YES NO Dces ihis persaMrm posseas a sldll not normellypossesse0 by airy curteM city empbyee7 YES NO k tliis PereoMnn a taipe[etl ventlol) . YES NO , This building(s) is a nuisance btulding(s) as defined in Chapter 45 and a vacant buildingas defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and7esponsible partizs lrnowii to the Enfor,cement Officer were given an order to repair or remove the building at S50 Sims Avenue by April 18, 2001, and have failed fo comply.with those orders. The Gity will eliminate a nuisance. The City wil�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 ta�ces. remain unabated in the souece Nuisance Housing Abatement This building(s) will continue to blight the community. COSTIREVENUE BUDGEfm (GRCLE ON� ,�crry�n.,,u,��e 33261 iNFOwumow �owwt+� r � �- � ��P � �. 2061 NO o �.�o� .�. Date: October 16, 2001 Time: 10:00 am. Place: Room 330 City Hall I S West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Appeal of summary abatement order for 697 Surrev Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) Legislative Hearing Officer recommends denying the appeal. 2. Resolution ordering the owner to remove or repair the property at 393 Sidnev Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 10-2-01) Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation ofthe property on condition that a$2,000 bond is posted by noon of October 24, 2001. Resolution ordering the owner to remove or repair the property at 667 Maenolia Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval of the resolution. 4. Resolution ordering the owner to remove or repair the property at 299 Arlinaton Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legisiative Hearing Officr.r recommends withdrawing the resolution. 5. Resolution ordering the ownerto remove or repair the propezty at 850 Suns Avenue. If � the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 9-25-01) Legislative Hearing Officer recommends approvai of the resolution. � MINUTES OF THE LBGISLATIVE HEARING Tuesday, October 16, 2001 Room 330 City Hall Gerry Strathman, Legisiative Hearing Officer STAFF PRESENT: Steve Magner, Code Enforcement; Mike Morehead, Code Enforcement The meeting was called to order at 10:00 a.m. Appeal of summary abatement order for 697 Surrev Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) 01-��'+-tr Gerry Strathxnan stated this is an appeal of an order issued to Sharon Anderson in September. The order was to remove improperly stored refuse, cut and remove tall grass, weeds, rank plant growth, and remove portion of fence. Ms. Anderson filed an appeal and the City Council sent this matter back to Mr. Strathman for a recommendation. Bill Dahn, 240 Baker Street East, representing Sharon Anderson, appeared and stated he does not know where the Ciry got the list of items on the sumuiary abatement order. Mr. Strathman asked aze there tall weeds and grass. Mr. Dahn responded no. If there are, they have grown since he was there. He supports the paperwork that Sharon Anderson has submitted. The last time she was before the City Council, they did not have the paperwork. She wants to know who are the complaining parties. Under state law, responded Mr. Strathxuan, the City is prohibited from disclosing the complainants. Mr. Strathman stated he needs some evidence that the order is improper, for example, photographs showing there are no tall weeds, videotape, etc. Mr. Dahn responded he does not have anything with him at this time, The $250 for this assessment is too high and even attorneys do not make that much. It seems he and Ms. Anderson aze being harassed and hazassment is a bigger chazge than tall weeds. Mr. Strathman asked aze there any photographs showing the property. Steve Magner responded it would be best to have Mr. Dahn or the owner meet with the enforcement officer or the supervisor at the location so they can go over the issues because Mr. Magner does not have photographs. In order to grant the appeal, stated Mr. Strathxnan, he would need some evidence to show the property is cieaned up, and he does not have that. Mr. Dahn responded that Mr. Strathman also does not haue any evidence showing it is bad. Gerry Strathman recommends denying the appeal. He suggested Mr. Dahn or Ms. Anderson make arrangements for the supervisor and inspector to look at the properry, If they look at the properry and find there is no reason for this order, then they will withdraw the order and the matter will be closed. This matter wili go before the City Council. Mr. Dahn responded Ms. Anderson wants it to go before the City Council. b�_�o1i' LEGISLATIVE HEARING MINUTES OF OCTOBER 16, 2001 Page 2 Resolution ordering the owner to remove or repair the property at 393 Sidnev Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 10-2-01) (Steve Magner submitted photographs.) Steve Magner stated this has been laid over twice. The properry was suppose to have gone through a closing, and the new owners were suppose to post a bond. A code compliance inspection has been done, but the bond and closing have not occurred. T'hey may be trying to have these things done by the City Council meeting on October 24. Gerry Stratlunan recommends granting the owner six months to complete the rehabilitation of the properry on condition that a$2,000 bond is posted by noon of October 24, 2001. Mr. Magner stated he will notify George Borer, the attomey. Resolution ordering the owner to remove or repair the property at 667 Magnolia Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) 5teve Magner stated this property has been vacant since December 5, 2000. The current owner is Vicki Adams, also known as Vicki Knight. Six sununary abatement notices were issued to secure doors, cut tall grass, remove refuse, remove snow and ice, and abate vehicles. On August 2, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on August 10, 2001, with a compliance date of September 10. As of this date, the property remains in a condirion which comprises a nuisance as defined by the legislative code. The vacant building fees aze due. Real estate t�es aze paid. Taxation has esfimated the market value of the land as$12,200; estimated market value of the building prior to the fire, $47,904. A code compliance inspection nor bond have been applied for. Demoiition is between $7,000 and $8,000. The owner has contacted Code Enforcement. Her last ca11 to the area inspector was that she was not going to fight the demolition of the building. Gerry Strathman recommends approved the resolution based on Mr. Mag�er's testimony and the fact that the owner is not here to represent the properry. Resolution ordering the owner to remove or repair the property at 299 Arlington Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. The foliowing appeazed: Marjorie Frahs (owner Richard Spreigl's niece) and Reneya Mayberty (Ms. Frahs' niece and Mr. Spreigl's great niece). Mike Morehead reported this property has a long history. Many yeazs ago when Highway 35 was run through, this famify was relocated by the state. The City granted the new locarion a nonconforming use status. This properry was used as a landscaping business. The business went b�-�o�.Y LEGISLATIVE HEARING MINUTES OF OCTOBER 16, 2001 Page 3 defunct a few years ago. Landscaping equipment items were left to accumulate on the properry so long that uees were growing through the tires. A number of buildings on the property fell down from lack of maintenance. It was determined that the property was not used for commercial purposes; therefore, it reverted to residential wning status. At that point, all the miscellaneous materials on the properry were no longer fit for residential applications. Last yeaz, stated Mr. Morehead, Code Enforcement stazted dealing with the Spreigl family. The principle owner Richard is elderly and has not been able to accomplish the cleanup. Code Enforcement issued orders and gave the owners a deadline to get the properry cleaned up. The owners were not able to get rid of the big equipment. The City bzought in a large abatement crew. They were limited to $3,000, which is the summary abatement limit, but they ran up a bill of $3,500. Mr. Morehead stated he knows he cannot assess that much; therefore, he will assess $3,000. Seventy-Five percent of the problems were eliminated. Mr. Morehead went on to say he started the paperwork to extend the abatement work beyond the $3,000 limit. That paperwork will not be on the City Council agenda until November. The owners have until early November to finish cleaning up the property. The owners have been given verbal orders and Code Enforcement is going to follow up this week with formal written orders. With the bulk of the big siuff removed, it is possible the family can clean up the little stuff. The $3,000 assessed greatly improved the value of their land. Gerry Strathman stated the order before him today is a resolution to remove or repair the properry. Steve Magner responded there were two or three accessory struchues, numerous vehicles, metal machinery, and other related items that were there. Mr. Morehead stated the buildings are gone, but the remnants and things underneath the building aze still sticking up. Mr. Strathman asked what Code Enforcement is seeking today. Mr. Morehead responded before he can do a substantial abatement, owners of the properry aze to appear before Mr. Strathman. Code Bnforcement wants Mr. Strathman to determine that the need to finish up this abatement is proper. Mr. Morehead needs a recommendation from Mr. Strathman that if the property is not cleaned up by November 7 or 8, then Code Enforcement can finish it. Therefore, he needs authority from the City Council to levy more than a$3,000 lien on the property. Code Enforcement is continuing to work with this family. What is left is light work; the heavy stuff has been taken out. By the time the City Council heazs this matter, there is a good chance it will be cleaned up. This is just an insurance policy that if they cannot get it done, Code Enforcement will fuush the job so the file can be closed. Mr. Strathman stated the paperwork before him is for removal of buildings that have already been removed. Regazdless of the paperwork, what is being discussed here is an order to conduct a substantial abatement at this properry if the owners do not clean up the property by a specified date. When they originally looked at this properiy, stated Mr. Magner, to do the cleanup would have been beyond $10,000, which included the buildings. Since the owners have removed some of the buildings or broken down the buildings, Code Enforcement has removed them under the standazd summary abatement. What is primarily left is to clean up the site, grade it, seed it, and p�—io�r LEGISLATIVE HEARING MINU'I'ES OF OCTOBER 16, 2001 Page 4 straw it until it grows. If the owners can accomplish that task, Code Enforcement would not spend any more money there. What is really being asked, stated Mr. Strathman, is approval by the Ciry Council to do a substantial abatement at this property if the owners have not taken care of it prior to October 24. Mr. Magner added that after the Mayor signs it, it would probably be the first week of November before they could send someone out to finish the work on the property. Mr. Morehead stated the big deadline is winter. If the owners can make substantial progress, he will let them finish it. Ms. Frahs stated they took photographs. There is some bnxsh that has to be cleazed behind the house. There is a little patch in the middle of the property. There aze some trees that have to come down. Along the fence, dirt that has to be brought down to grade. They fixed the hole in the garage. Mr. Morehead responded they do not have to take the trees down. Next to the base of the trees is a hole with items sticking out of the ground. The items are considered hazardous waste. Anyone that hauls these items out has to be informed of this. (Ms. Frahs showed photographs to everyone.) Mr. Strathman asked aze they alright with what Mr. Morehead wants to do. Ms. Frahs responded yes, but was concerned about liens on the house. Mr. Magner responded assessments can go on the t�es. There can be another hearing when the family gets the assessment or T�ation can be called and asked to space it out. All taxes and assessments haue to be paid before a property is sold. Gerry Strathman recommends withdrawing the resolution before him today and approval of the authority to conduct a substantial abatement at this properiy if necessary. The City Council will need the proper paperwark developed. If the City Council approves it, Mr. Morehead will have the authority to do more work at the property. Resolution ordering the owner to remove or repair the property at 850 Sims Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 9-25-01) (Mr. Magner submitted photographs.) Steve Magner reported this properry was condemned in May 2000. It has been vacant since August 21, 2000. The current owners aze Michael and Becky Ramstad. There have been two summary abatement notices for removing refuse. On Mazch 7, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on Mazch 19, 2001, with a compliance date of April 18. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. Taxation has placed an 61-\� LEGISLATIVE HEARING MINiITES OF OCTOBER 16, 2001 Page 5 estimated mazket value of $20,000 on the land and $16,700 on the building. On August 30, 2001, a code compliance inspection was done. On April 13, 2001, the $2,000 bond was posted. Mr. Magner stated he contacted Don Wagner (License, Inspection, Environmental Protecrion), who indicated an inspector was sent to the properiy yesterday and there was not enough work completed. Also, a plumbing and heating pernut has not be pulled by a license contractor. There is no heat in this building. The owners will forfeit that bond as of today, and a new bond has not been posted. Mr. 3�athman stated he received a phone call this morning from appazently the owner who requested this hearing be delayed so Mr. Wagner could look at the building. Obviously, that is not necessary. Mr. Magner responded the owners aze trying to say that they made sheet rock and painting repairs and that is more than 50% of the work. Mr. Wagner's opinion is that is not the case. Gerry Strathman recommends approval of the resolution. The meeting was adjourned at 10:40 a.m. ,� �roxT r Date: September 25, 2001 a ��� Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer Summary Abatement Order Appeal for 1598 Hazel Street North. (Laid over from 9-4-01) Legislative Hearing Officer recommends denying the appeal. 2. Resolution ordering the owner to remove or repair the property at 2257 Hillside Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 4-17-01) Legislative Hearing Officer recommends granring the owner six months to complete the rehabilitation of the property on condition that a$2,000 bond is posted by noon of Wednesday, October 3, 2001. 3. Laid Over Sununary Abatement: JOlOSV Towing of abandoned vehicle at 376 Marvland Avenue East. Legislative Hearing Officer recommends reducing the assessment to $105 plus the $45 service fee for a total assessment of $150. 4. Sununary Abatement Order appeal for 697 Surrev Avenue. I,egisiative Hearing Officer recommends denying the appeal. Resolution ordering the owner to remove or repair the property at 850 Sims Avenue. If the owner faIls to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends laying over to the October 16, 2001, Legislative I�eating. 6. Resolution ordering the owner to remove or repair the property at 715 Preble Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legisiative Hearing Officer recommends granting the owner six months to complete the rehabilitation of the properry on condirion that the following is done by noon of Wednesday, October 3, 2001: 1) Pay the vacant building fee, 2) Get a code compliance inspection, 3) Post a$2,000 bond. �1-1�� LEGISLATIVE HEARING REPORT OF SEPTEMBER 25, Z001 Page 2 Resolution ordering the owner to remove or repair the properry at 397 Aldine Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Case is closed.) 8. Resolution ordering the owner to remove or repair the property at 473 Hatch Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. ��� CITIZEN SERVICE OFFICE Fred Owusu, Ciry C[erk CITY OF SAINT PAUL Norm Coleman, Mayor E�llgUSt 2$� 2��1 DMSION OF PROPERTY CODE ENFORCEMENT Michael R Morehead, Program Manager � �� IQ� Nuisance Building Code Enforcement I S W. Keltogg B[vd Rm. 190 Tel: 651-266-8440 Saint Paul, MIV 55102 Fax: 651266•8426 z NOTICE OF PUBLIC HEAR7N�5 ; �o��� ���Q���n co�:� Council President and 'y Members of the City Council � 6 �.�j fl��j�� , � Citizen Service Office, VacantJNuisance Buildings Enforcement Division has requested � the City Council schedule public hearings to consider a resolution ordering the repair or _ ` removal of the nuisance building(s) located at: 850 Sims Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesdaq, September 25, 2001 City Council Hearing - Wednesday, October 3, 2001 The owners and responsible parties of record are: Name and Last Known Address Michael & Becky Ramstad 502 Johnson Street Warren, IL 61087 Interest Fee Owner Sasnatha Mathues 850 Sims Avenue St. Paul, NSN 55106 Ronald 7oseph Adams = 676 Wells Street St. Paul, MN 55106 Aames Capital Corp. California Plaza 2 Contract for Deed Holder Contract for Deed Holder Mortgagee 350 South Grand Avenue, 42 Floor Los Angeles, CA 90071 loan #DG000072 850 Sims Avenue August 24, 2001 Page 2 Name and Last Known Address Anoka County Property Records 2100 3`� Avenue North Anoka, MN 55303 Attn: Beverly Nelson Checkwright ofMinnesota P.O. Box 39814 Edina, NIN 55439 Gopher Disposal P.O. Box 6 Newport, MN 55055 The legal description of this property is: Interest Tas Lien Jud�nent Creditor 7udgment Creditor Ol -�a� ' Lot 102, EXCEPT theWest 13 2/3 feet thereof, and LoYs 8 and 9, in $lock ', 1, Williams' Rearrangement of Block 7 and part of Block 4, Nelson's Addition to the City of St. Paul. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislarive Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incuned againsf fhe real estate as a special assessment to be collected in the same manner as Yaxes. Sincerely, �teve �a$ner � Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Bailding Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Councit Laurie Kaplan, PED-Iiousing Division MINUTES OF THE LEGISLATIVE HEARING Tuesday, September 25, 2001 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 10:04 a.m. C� \ \oZ� 3�. STAFF PRESENT: Roxanna Flink, Real Estate; Steve Magner, Code Bnforcement; Hazold Robinson, Code Enforcement; Summary Abatement Order Appeal for 1598 Hazel Street North. (Laid over from 9-4-01) Gerry Strathman stated that the appellant was going to consult with City staff and others as to whether the gazden was consistettt with the City's ordinance with respect to natural gardens, prairie growth, etc. He asked did the owner have time to do that. Walt Montpetit, owner, appeazed and stated a City representative catled him last Friday and left a voice mail. He was out of town and jusi retumed Sunday evening. He has not had a chance to have a conversation with City inspectors as faz as what was a landscape design versus weeds and tall grass. Harold Robinson reported he wuld not fmd a specific ordinance to cover these things. The ordinance does read grass and weeds over 8 inches high must be cut. There aze some specific plants and landscape designs that aze excluded from this. It is not composting because it is not a confained azea. It is not covered under the grass and weed ordinance because it is tall grass that has been allowed to grow. He cannot exempt it. Mr. Strathman asked is there someone in the City that laiows ptants weli enough to make a determination as to if these plants are accepted under state law. Mr. Robinson responded he has been on the properry, and it is basically tall gass and weeds. Mr. Strathman asked what makes the owner think it is something other than tall grass and weeds. Mr. Montpetit responded the area is set aside from Lhe rest of {he yazd. He looks at it as part of his landscape scheme. It is a wooded lot adjacent to the rest of the lot that is groomed, even though it is a small area. He does not know anyone who cuts weeds and ta11 grass out of a wooded lot. He asked is his yard designated as a yard or as a wooded lot. Mr. Robinson responded that specifically a wooded lot has to have a tree, and this backyazd does not have a tree. Mr. Monigetit responded there are irees back in the comer. Mr. Robinson stated this property is definitely not a wooded lot. From the description he included with his appeal, stated Mr. Strathman, there is a map that shows the nature garden is behind the gazage and surrounded by a six foot privacy fence. He asked how this came to the City's attention. Mr. Robinson responded it was a complaint based inspection. Mr. Montpetit stated he belongs to the yacht ciub and a member complained to the City about weeds and tall grass on Harriet Island. This member was told it was part of the tandscape scene. � \ `d� LEGISLATTVE HEARING MINUTES FOR SEPTEMBER 25, 2001 Page 2 It is no different than his weeds and tall grass, said Mr, Montpetit. He does not know what species needs to be cut and wluch species he can plant to conform. (Mr. Robinson gave Mr. Montpetit documents about a company that specializes in this subject.) Gerry Stratbman recommends denying the appeal. It does not appear that what Mr. Montpetit wants to do is provided for under the City ordinance. Resolution ordering the owner to remove or repair the property at 2257 Hillside Avenue. If the owner fails to comply, Code Enforcemeat is ordered to remove the building. (Laid over from 4-17-01) The foilowing appeazed: Kim McCallum, 929 Selby Avenue, and Steve Gibbs, Western National, 4I l2th Avenue North, Hopkins. Steve Magner reported this bnilding has been vacant since December 3, 1494. T'here have been five summary abatement notices to sec�se the dwelling, cut tall grass, remove refuse, remove snow and/or ice. On October 19, 2000, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photograplvs were taken. An order #a abate a nuisance building was issued on October 24, 2000, with a compliance date of November 27. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code. The real estates ta�ces are unpaid of $6,333. T�ation has placed an estimated market value of $56,600 on the land, and $5,000 on the building. Ott July 25, 2001, a code compiiance inspection was done. A$2,000 bond has not been posted. Estimated cost to repair is $100,000 to $150,000; estimated cost to demolish, $12,000 to $15,000. This was originally before the Legislative Hearing Officer in Mazch, said Mr. Magner. It was Iaid over because the second mortgage company was going through a foreclosure process, wanted to clear the title, pay off ti�e instttaace compaay, and then sell it. The second mortgage company has been paid off and is no longer involved with this property. The original owner has physical control of the buiiding, but there is still an issue with the insurance company for the first mortgage company. Mr. McCallum stated he plans to take the next week and decide to sell the properry, rehabilitate it, or tear it down and rebuild. As of yesterday, there was a settlement. n'I�'. Cn�bbs sta#ed Westem National utill be satisfied wiih the agreement. They are now in the middle of foreclosure on the property. They wilt be out of the picture when that happens and the McCallums can take whaYever action they would 3ike. Mr. Strathman asked is he prepared to posi the $2,000 bond. Mr. McCatlum responded he is. Gerry Strathman recommends granting the owner six months to complete the rehabiIitation of the properry on condition that a$2,000 bond is posted by noon of Wednesday, October 3, 2001. LEGISLATIVE HEARING MINUTES FOR SEPTEMBER 25, 2001 Laid Over Summary Abatement: JOlOSV Towing of abandoned vehicle at 376 Maryland Avenue East � ` ��� Page 3 Franciso JazamiIlo, owner, appeared and stated this is about a vehicle he pazked on tfie side of his gazage. He received an order to remove it. He called a towing company, and was told they would not remove it until Aprii. The City removed it in Mazch. He called the Impound Lot. He was told ihat he would not have to pay anything and he could sign over the title. The vehicle was left there. Hazold Robinson reported the velucle was abated on 7anuary 25 and towed in March. It had no current license plates. It was a proper tow. In answer to questions, Mr. Jazamillo responded the vehicle was a 1981 Honda Civic, and it did nof run. Gerry Strathman recommends reducing the assessment to $105 plus the $45 service fee for a total assessment of $150. The owner should have taken caze of the matter as soon as he got the notice. The City towed the vehicle, stored it, and sold it when they got the title. There aze costs involved. Summary Abatement Order appeal for 697 Surrey Avenue. (Sharon Anderson, appellant, sent Gerry $trathman an e-mail saying thai she is unable to attend today's meeting.) Gerry Strathman recommends denying the appeal. '� Besolution ordering the owner to remove or repair the property at 850 Sims Avenue. If the owner faiis fo eomply, Cade Enforcement is ordered to remove the buiiding. (Steve Magner presented photographs. They were later retumed.) Steve Magner reported the property was condemned May 2000. It has been a vacant building since August 21, 2000. Two summary abatement nofices have been issued to remove refuse. On Mazch 7, 2001, an inspecrion of the buiiding was conducted, a list of deficiencies which consfitute a nuisance condirion was developed, and photographs were taken. An order to abate a nuisaace buiiding was issued on March 19, 2001, with a campliauce date of April 18. As of this date, the property remains in a condifioa ti�at comprises a nuisance as defined by the legislative code. The vacant building fees are due. Estimated mazket value of ptoperty is $36,700; estimated cost to repair, $80,Oflfl to $100,000, estimated eost to demolish, $7,500 to $8,000. A code compliance inspection was done on August 30, 2000. On Aprit 13, 2001, stated Mr. Magner, a third pariy posted a$2,000 bond. His xeasoning was that he was in expectation of obtaining title after the originat owners--MichaeI and Becky Ramstad--cancelled the contract with Samantha Mathews. That bond expires by OcTOber I5. C� E- \O� LEGISLATIVE HEARING MINUTES FOR SEPTEMBER 25, 2001 Page 4 Mr. Strathman asked what happened with the citation that was issued for faiiure to pay the vacant building fee. Mr. Magner responded he does not have the file with him, but he assumes the citation was never settled. The owner is no longer in Minnesota. In September, Ms. Mathews paid the vacant building fee. Code Enforcement made an agreement with Ms. Maihews to give her six months to rehabilitate the properry and she would not have to post the bond, but would have to obtain a code compliance inspection. She obtained the code compliance inspection, but failed to act in a timely manner to rehabilitate the structure. Code Enforcement continually receives compiaints of illegal activities aad occupancy at the dwelling. There have been numerous inspections. Mr. Magner had a conversation with Don Wagner (License, Inspecrions, Environmental Protection) who said he has not been cailed to inspect tiie properry. There are stitl outstanding pernuts that need to be pulled before a code compliance can be signed off. Samantha Mathews, owner, appeazed and stated she had a code compliance inspection. The six months were up, and Rich Singerhouse (Code Enforcement) and another inspector came out on Mazch 7. She received an order to abate dated March 19 and was given until April 18 to cleaz the deficiencies. This is a different list than the original that she had six months to do. Shortly thereafter, a$2,000 bond was posted. The man who posted the $2,000 bond was under the assumption that he was going to get the house, and Mr. Ramstad had agreed to sell it to him after the foreclosure proceedings against her. Ms. Mathews also cazne up with $5,000, took tlte maYter to district court, and saved her house. Three hours after she won the court case, there was a legislative heariwg notice from Mr. Magner. Throughout this whole time, she has left several messages and has never had her ca11s retumed. On her last visit with Mr. Magner, he said he was fuushed with Yl�is maiter and would put Mike Morehead (Code Enforcement) in charge of it. Her house is more than 50% done. Ms. Mathews has photographs and �davits from her neighbors. One of the people complauring wouid be a neighbor right next door to her who would Iike to obtain her properiy. Ms. Mathews received two summary abatement notices: one was for a dog and one to clean up the property. The bond expires on October 13. Don Wagner would like to inspect the properry to see what has been done. Gerry Strathman recommends laying over to the October 16, 2001, Legislative Hearing. He does noY think the City should move on this properry while the current bond is still in effect, but that is only for approximately two more weeks. There needs to be an inspection of the property before the bond is eacpired to determine if it can be e�ended another six months. ResoluYion ordering the owner to remove or repair the property at 715 Preble Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (3teve Magner submitted phoLographs.) Catherine Davis, 1453 Arkwright Avenue #301, owner's daughter, appeared. Gerry Strathman stated the docutnent in front of him has Gilbert Castilla as the fee owner, Long Beach Mortgage Company as the mortgagee, and Katherin and Michael Davis as interested parties. Ms. Davis responded she is not sure how her name got onto the paperwork other than the fact that Gilbert is her dad. He purchased the house in August. He is disabled and Ms. Davis C5 � \c�?� LEGISLATIVE HEARING MINLTTES FOR SEPTEMBER 25, 2001 Page 5 handles most of his business. They had done the work on the house and moved in unaware that it was a vacant house. Steve Magner reported this building has been vacant since June 10, 1999. There have been seven summary abatement notices issued to remove refuse, cut tall grass, secure structure. On August 1, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on August 6, 2001, with a comptiance date of August 21, 2001. As of tfiis date, this properiy remains in a condition wlvch comprises a nuisauce as defined by the legislative code. The vacant building fees are due. Real estate taxes aze unpaid in the amount of $1,073.99. Prior to the fire, Tasation had placed an estimated market value of $11,000 on the land and $38,400 on the building. The estimated cost to repair this structure is $50,000 to $60,000; estimated cost Yo demolish, $7,000 to $8,000. On August 3, 2000, a code compliance inspecrion was done. No bond has been posted. Mr. Magner stated this was a registered vacant building, and vacant building placazds were on it. The owner was put on notice not to occupy this building. There were two citations issued for illegal occupancy. They were occupying a registered vacant building when the fire occurred. Mr. Strathman stated the photographs do not indicate a fire. Mr. Magner responded the fire was contained in the interior of the dwelling. There was heavy smoke damage throughout. There was no burn through to the outside; it is a stucco �terior. Mr. Strathman asked was the extent of the damage cosmetic or structural. Mr. Magner responded there was heavy smoke and water damage throughout. The building has been abandoned since that time. There may have been more estensive water damage since then. Ms. Davis stated she takes care of her father; be is not well. He purchased the property on August 9, 2000, from the previous owner. She does not haue legai control over his decisions. Ms. Davis was not aware the properry was a registered vacant house. It was obvious there were things that needed to be done to the properry. Every pipe in the basement was busted. There was no ruiming water nor electricity. She knew it had to meet certain codes before it cautd be tegatiy occupied. She hired a company to replace the plumbing in the basement, and an outside spigot that leaked. The connection to the water heater had to be replaced. They laid carpet and painted. After she did the work, she moved in and was unaware that she couldn't. In September, a man came to the house and explained to her husband that they could not live there because the property was registered as being legally vacant. When she found this out, she had just given birth to her daughter. When she was able to, she contacted various people in the City. The fire that occurred on June 12 has rendered the condition of the house worse. Long Beach Mortgage holds $30,000 of insurance settlement on the fire to have it repaired. Ms. Davis went on to say she came into possession of a code compliance inspection dated August 3. After talking to Mr. Magner, he explained their contractor could walk through the house with the list, and he would know if it has been done. They could obtain a permit for the code compliance issues and a permit for the fire damage. Her comractor did a waIk through. She o t ��� LEGISLATIVE HEARING MTNUTES FOR SEPTEMBER 25, 2001 Page 6 cannot get tiie code compliance issues done untiI the fire damage is cleaned up to see what she is left with, but she cannof get the fite damage taken care of untiI she gets the code compliance issues taken care of. Mr. Strathman asked was she aware that the repair cost may be between $50,000 to $60,000. Ms. Davis responded over half the list has been fixed. With the fire damage, there is additionaI work to be done. The mortgage company is holding $30,000. Mr. Strathman asked is the AugusY 3, 2000, code�compliance inspection an accurate representation of what needs to be done. Mr. Magner respon@ed Don Wagner (License, Inspections, Environmental Protection) would have to go through the building and make a deternrination as to what has to be completed, was it done under permit, and can it be signed off. If not, it has to be done under permit. Most likely, Mr. Wagner will noY give a code compliance certificate without including the fire damage items. Another code compliance inspection is needed, asked Mr. Strathman. Mr. Magner responded vacant building fees need to be paid, a code compliance inspection completed, and a bond needs to be posted. Also, the building should be unoccupied and secuzed, Gerry Strathman recommends granting the owner six months to complete the rehabilitation of the property on condition that the following is done by noon of Wednesday, October 3, 2001: 1) Pay the vacant building fee, 2) Get a code compliance inspection, 3) Post a$2,000 bond. Resolution ordering the owner to remove or repair the property at 397 Aldine Street. If the owner fails to compty, Code Enforcement is ordered to remove the building. Steve Magner reported the hause has been moved to another location. (Case is closed.) Reso�ufion ordering the owner tv remove or repair the praperty at 473 Hatch Avenue. If the owner fails to comply, Code Eaforcement is ordered Yo remove the building. (Steve Magner submitted phoYographs.) Steve Magner reported this property has been condemned and vacant since November 2000. Five summary abatement notices have been issued to cut tall grass and remove refuse. On August 1, 2001, an inspection of the building was conducted, a list of deficiencies wluch constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance condition was issued on August 6 with a compliance date of August 21. As of this date, this properiy remains in a condition which comprises a nuisance as defined by the legislative code. The City has boazded the building against trespass. The vacant building fees are due. Real estate t�es aze unpaid of $2090.38. Taxation has placed an estimated mazket value of $6,500 on the land. Before the fire, the estimated mazket value of the building was $34,800. As C> \— \c�Z� LEGISLATIVE HEARING REPORT OF SEPTEMRER 25, 2001 p� 7 of today, a code compliance inspecrion has not been applied for and a bond has not been posted. The estimated cost to repair is $40,000 to $50,000; estimated cost to demolish, $6,000 to $7,000. Mr. Maguer stated the owner has tried to sell the properiy with no luck due to the small size of the structure, low ceilings, and numerous problems with the building. About a montfi ago, the owner asked Mr. Ma�er what would happen if the Cily demolished the shvcture. Mr. Magner explained the lot would remain his property, and the cost of the demolition would be assessed on the taYes. Gerry Strathman recommends approval. The meeYing was adjoumed at 11:02 a.m. rrn � 1- \ UZ� 53 , CTI'Y OF SAINT PAUL INTERDEPARTMENTAL MEMOI2ANDUM DATE: November 6, 2001 TO: Gerry Strathman FROM: Donald F. Wagner � t� RE: 850 Sims Avenue As per your direction, I tried to get into this property to personally inspect and determine status of rehabilitation but the owner DOES NOT RESPOND. On four (4) occasions I left a message on her telephone answering machine. Also, I spoke with a friend ofher's from our office telling her ofthe urgency and the fact she has not responded. But stili NO response. The onlypermits secured for rehabilitation of this propertywera a Electrical Permit with a valuation to do five hundred dollars ($500.00) worth of electrical repairs and a Building Permit to do five hundred dollars ($500.00) worth of general repairs. The orieinal re�ort calls far many areas to be uncovered where unacce tn able work was done, along with inspection of these areas by a qualified engineer, a7so, plans were to be submitted detailing light, ventilation, egress from various rooms ALL of which has NOT been done. Where walls, ceiling and miscellaneous repairs of a cosmetic nature were done much of which would possibly have to be redone. So an adequate Building Permit was not obtained nor has there been any attempts to secure a Plumbing ar Heating Permits. It was reported that there is no electricity on in building nor is there a heating plant. Inreviewing orig'tnalreports, discussions with inspectors, reviewingpictures and exterior inspection, I would estimate there would be approximately twenty percent (20%) of work is completed that is necessary and approximately five percent (5%} totaI dollar expenditure was made that is necessary to complete project. ca Steve Magner �FFICE OF LICEN5E, IIJSPECTIONS AND ENVII20NMENTALPROTECTION Robert Kessler, Directar C1TY OF SANT P�UL Norm Colemars, :Nayor L�tl�tlSi J1� �Q�� E1R.T� ADAMS 872 PAYNE AVE ST PAUL MN �5101 Re: 850 Sims Avenue File # : 00 141139 VB3 Dear Property Owner: L04i'RYPROFESSIONAL BUILDING 350 S[. Petu Sdee{ Suire 300 SaintPau{,Ninncro[a �5702-IS10 C�i-i�� 7elepkane: 6�1-?66-9090 Fuuim ile: 6� I -?66-9099 651-?66-91?� Pursuant to your request 850 Sims Avenue was inspected and the foilowing report is submitted: BUTLDING Almost to entire building and garage has been worked on and the worlananship for the most part is unacceptable. The entire cellar walls and ceilin�s will have to be removed, coverin�s, on side exterior, stauway shail be removed and along with any other questionable structural conditions exposed and aIl inspected by a registered Shuctural Engineer and corrections made as per their recommendations. There have been alterations made to walls, windows, doors, etc. All existing shali be put in pians showin� rooms, window sizes (operating and fixed} and corrections made as necessary to provide light, ventilarion, egress, etc. depending on usage. All walls, ceilings, floors, foundation, shucture, stairs, steps, trim, doors, windows, siding, roof, etc. must be put in a finished condirion and meeting the appropriate codes in a workmanship manner before this building is re-occupied. ELECTRICAL i. Ittsure proper fuses or breakers for all conductors. 2. Repair or replace ailloose or broken devices and fixtures. 3. Check a113-wire outlets for proper polarity and ground. 4. Througkout building, install outlets and fi�ztures as per Bulletin 8Q-1. 5. Install smoke detectors as per Bulletin 80-1 and U.B.C. � C�� �o ���5 April 17, 2001 Page Two ELECTRICAL - Continued 6. Replace open wirin�, and broken conduit throughout. 7. In the �arage, rewire to code. Including feed. (Iasure that under� wirinJ is appzoved for under�ound installation.) PLLIMBING 1. Provide vent to all basement fixtures. 2. No PVC and ABS allowed to be glued together. 3. Cap or plug all open waste and vent pipes. � 4. Provide approved vent to water heater. (Red tao�ed water heater for vent) 5. Test all gas piping for leaks and cap all open gas pipes. 6. Provide backflow proteckon to boiler, laundry tub and outside silcocks. 7. Repair leak to second floor bath and provide approved piping. 8. Provide approved faucet to second floor bath tub. 9. Provide approved plumbing vent tiuew roof. MECHANICAL 1. Install3/4" gas main--remove stop valve and replace cap with valve in it on dirt leg. 2. Install approved lever handle manual gas shutoff valve on boiler. 3. Clean and ORSAT boiler burner. Check all controls for proper operation. 4. Install cliimney liner. 5. Tie boiler and waYer heater venring into cl�unuey liner. 6. Provide adequate clearance from flue vent pipe on boiler to combustible materials or provide approved shielding according to code. 7. Recommend adeqnate combustion air. - 8. Provide support for gas lines to code. 9. Support supply and retuzn piping for heating system according to code. 10. Test hot water/steartt keating system for leaks. 11. Pipe boiler relief valve discharge to withitt 18" of the floor. 12. Provide back f�ow preventer on city water fill line to hot water/steasn heating system. 13. Provide heat in evezy habitable room. NOTE: There is an older boiler with a broken manual gas valve and bad venting. Most of the finest tube radiation is damaged and all the covering is missing. Replace radiation throughout the house and bring the boiler up to code. a C�`-102�5 �o ��S Apri117,2001 P3ee ThrPe NOTES 1. See attachment for permit requirements. 2. Tkis properiy is designated by the Vacant Buildiags Department as a Category #3 which requires a$2,000 Performance Sond or Deposit at the time the permit is issued. 3. Provide plans and specifications as to what is to be rebuilt. 4, All items noted as recommended do not have to be completed for code compliance but should be completed at a later date. Possibie purchasezs of property shall be made aware of these items. 5. There is dangerous electricai, building and plumbing conditions present and all ntust be address before any rehabilitation is considered. ZONTNG 1. This property is a legal duplex. Sincerely, Q�� �� Dottald F. Wagner Building Inspector DFW:sla Attachments - 4 � + 7 � r CouncilFile# �\-�0�=' Green Sheet # � p a.S .,'L''2� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA S3 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 two story, wood frame, duplex and the detached, two-stall, wood frame gazage located on 4 property hereinafter referred to as the "Subject Property" and commonly lrnown as 850 Sims Avenue. This 5 properry is legally described as foliows, to 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 36 37 38 39 Lot 102, EXCEPT theWest 13 2/3 feet thereof, and Lots 8 and 9, in Block 1, Williams' Rearrangement of Block 7 and part of Block 4, Nelson's Addirion to the City of St. Paul. WHEREAS, based upon the recards in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on ar before January 30, 2001, the following are the now lalown interested or responsible parties for the Subject:Michael & Becky Ramstad, 502 Johnson Street, Warren, IL 61087; Samatha Mathues, 850 Sims Avenue, St. Paul, MN 55106;Ronald Joseph Adams, 676 Wells Street, St. Paul, MN 55106; Aames Capital Coxp., California Plaza 2, 350 South Grand Avenue, 42 Floor, Los Angeles, CA 90071, loan #DG000072; Anoka County Property Records, 2100 3r Avenue North, Anoka, MN 55303, Attn: Beverly Nelson; Checkwright of Minnesota, P.O. Box 39814, Edina, MN 55439; Gopher Disposal, P.O. Box 6, Newport, MN 55055 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 Mazch 19, 2001; and WHEREAS, tlus order informed the then lmown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WIIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by April 18, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and o �-�oir 2 3 4 7 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 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, September 25, 2001 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to Uae public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure 9n accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WI-IEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 3, 2001 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 850 Suns Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � � 7 � 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 Imown responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition haue 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 aze as previously stated in this resolurion and that the notification requirements of Chapter 45 have been fulfilled. •'� ' The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. o►-�o�r 1 2. If the above corrective action is not completed within this period of tune the Citizen Seroice Office, 2 Division of Code Enforcement is hereby authorized to take whatever steps are necessary to 3 demolish and remove this siructure, fill the site and charge the costs incurred against the Subject 4 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 6 7 8 9 10 11 12 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property 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 tnne period. If all personal properry 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 fiuther 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. Adopted by Council: Date �� ,. 7�� oo � Adoption Certified by Council Secretary Requested by Depariment of: Citizen Service Office: Code Enforcement By: � � �'orm Approved by City Attomey BY: '�� �3 - '�-..-a.�...-��� By' Approved by Mayor: Date ��� f 6��� Approved by Mayor for Submission to Council By: C?���G�-��G'I'/f � �. r / / � �� i Ol�`�?� ,_-� INRIATEO ��.,� GREEN SHEE'R�no��G��I� 2Qa1 m 0 TOTAL # OF SIGNATURE PAGES . � v (�t Y ATTORNEY ��� 0��,� w���,,,�.,�, ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) ry Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If ; owner fails to comply with the resolution, the Citizen Service Office, Division of Code Bnforcement is ordered remove the building. The subject properiy is located at 850 Sims Avenue. PLANNING CAMMISSION CIB CAMMYTTEE CNIL SERVICE COMMISSION RSONAL SE2VICE CON7RACf5 MUST ANSWER TXE FOLLOWIN6 QUESTION55 Hes Ni5 persor�rm ever varked UrMer e cun(ract fw Ni6 tlepaMieM'7 YES NO Has this P�M�m ever been a dly empbyee4 ' YES NO Dces ihis persaMrm posseas a sldll not normellypossesse0 by airy curteM city empbyee7 YES NO k tliis PereoMnn a taipe[etl ventlol) . YES NO , This building(s) is a nuisance btulding(s) as defined in Chapter 45 and a vacant buildingas defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and7esponsible partizs lrnowii to the Enfor,cement Officer were given an order to repair or remove the building at S50 Sims Avenue by April 18, 2001, and have failed fo comply.with those orders. The Gity will eliminate a nuisance. The City wil�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 ta�ces. remain unabated in the souece Nuisance Housing Abatement This building(s) will continue to blight the community. COSTIREVENUE BUDGEfm (GRCLE ON� ,�crry�n.,,u,��e 33261 iNFOwumow �owwt+� r � �- � ��P � �. 2061 NO o �.�o� .�. Date: October 16, 2001 Time: 10:00 am. Place: Room 330 City Hall I S West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Appeal of summary abatement order for 697 Surrev Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) Legislative Hearing Officer recommends denying the appeal. 2. Resolution ordering the owner to remove or repair the property at 393 Sidnev Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 10-2-01) Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation ofthe property on condition that a$2,000 bond is posted by noon of October 24, 2001. Resolution ordering the owner to remove or repair the property at 667 Maenolia Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval of the resolution. 4. Resolution ordering the owner to remove or repair the property at 299 Arlinaton Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legisiative Hearing Officr.r recommends withdrawing the resolution. 5. Resolution ordering the ownerto remove or repair the propezty at 850 Suns Avenue. If � the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 9-25-01) Legislative Hearing Officer recommends approvai of the resolution. � MINUTES OF THE LBGISLATIVE HEARING Tuesday, October 16, 2001 Room 330 City Hall Gerry Strathman, Legisiative Hearing Officer STAFF PRESENT: Steve Magner, Code Enforcement; Mike Morehead, Code Enforcement The meeting was called to order at 10:00 a.m. Appeal of summary abatement order for 697 Surrev Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) 01-��'+-tr Gerry Strathxnan stated this is an appeal of an order issued to Sharon Anderson in September. The order was to remove improperly stored refuse, cut and remove tall grass, weeds, rank plant growth, and remove portion of fence. Ms. Anderson filed an appeal and the City Council sent this matter back to Mr. Strathman for a recommendation. Bill Dahn, 240 Baker Street East, representing Sharon Anderson, appeared and stated he does not know where the Ciry got the list of items on the sumuiary abatement order. Mr. Strathman asked aze there tall weeds and grass. Mr. Dahn responded no. If there are, they have grown since he was there. He supports the paperwork that Sharon Anderson has submitted. The last time she was before the City Council, they did not have the paperwork. She wants to know who are the complaining parties. Under state law, responded Mr. Strathxuan, the City is prohibited from disclosing the complainants. Mr. Strathman stated he needs some evidence that the order is improper, for example, photographs showing there are no tall weeds, videotape, etc. Mr. Dahn responded he does not have anything with him at this time, The $250 for this assessment is too high and even attorneys do not make that much. It seems he and Ms. Anderson aze being harassed and hazassment is a bigger chazge than tall weeds. Mr. Strathman asked aze there any photographs showing the property. Steve Magner responded it would be best to have Mr. Dahn or the owner meet with the enforcement officer or the supervisor at the location so they can go over the issues because Mr. Magner does not have photographs. In order to grant the appeal, stated Mr. Strathxnan, he would need some evidence to show the property is cieaned up, and he does not have that. Mr. Dahn responded that Mr. Strathman also does not haue any evidence showing it is bad. Gerry Strathman recommends denying the appeal. He suggested Mr. Dahn or Ms. Anderson make arrangements for the supervisor and inspector to look at the properry, If they look at the properry and find there is no reason for this order, then they will withdraw the order and the matter will be closed. This matter wili go before the City Council. Mr. Dahn responded Ms. Anderson wants it to go before the City Council. b�_�o1i' LEGISLATIVE HEARING MINUTES OF OCTOBER 16, 2001 Page 2 Resolution ordering the owner to remove or repair the property at 393 Sidnev Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 10-2-01) (Steve Magner submitted photographs.) Steve Magner stated this has been laid over twice. The properry was suppose to have gone through a closing, and the new owners were suppose to post a bond. A code compliance inspection has been done, but the bond and closing have not occurred. T'hey may be trying to have these things done by the City Council meeting on October 24. Gerry Stratlunan recommends granting the owner six months to complete the rehabilitation of the properry on condition that a$2,000 bond is posted by noon of October 24, 2001. Mr. Magner stated he will notify George Borer, the attomey. Resolution ordering the owner to remove or repair the property at 667 Magnolia Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) 5teve Magner stated this property has been vacant since December 5, 2000. The current owner is Vicki Adams, also known as Vicki Knight. Six sununary abatement notices were issued to secure doors, cut tall grass, remove refuse, remove snow and ice, and abate vehicles. On August 2, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on August 10, 2001, with a compliance date of September 10. As of this date, the property remains in a condirion which comprises a nuisance as defined by the legislative code. The vacant building fees aze due. Real estate t�es aze paid. Taxation has esfimated the market value of the land as$12,200; estimated market value of the building prior to the fire, $47,904. A code compliance inspection nor bond have been applied for. Demoiition is between $7,000 and $8,000. The owner has contacted Code Enforcement. Her last ca11 to the area inspector was that she was not going to fight the demolition of the building. Gerry Strathman recommends approved the resolution based on Mr. Mag�er's testimony and the fact that the owner is not here to represent the properry. Resolution ordering the owner to remove or repair the property at 299 Arlington Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. The foliowing appeazed: Marjorie Frahs (owner Richard Spreigl's niece) and Reneya Mayberty (Ms. Frahs' niece and Mr. Spreigl's great niece). Mike Morehead reported this property has a long history. Many yeazs ago when Highway 35 was run through, this famify was relocated by the state. The City granted the new locarion a nonconforming use status. This properry was used as a landscaping business. The business went b�-�o�.Y LEGISLATIVE HEARING MINUTES OF OCTOBER 16, 2001 Page 3 defunct a few years ago. Landscaping equipment items were left to accumulate on the properry so long that uees were growing through the tires. A number of buildings on the property fell down from lack of maintenance. It was determined that the property was not used for commercial purposes; therefore, it reverted to residential wning status. At that point, all the miscellaneous materials on the properry were no longer fit for residential applications. Last yeaz, stated Mr. Morehead, Code Enforcement stazted dealing with the Spreigl family. The principle owner Richard is elderly and has not been able to accomplish the cleanup. Code Enforcement issued orders and gave the owners a deadline to get the properry cleaned up. The owners were not able to get rid of the big equipment. The City bzought in a large abatement crew. They were limited to $3,000, which is the summary abatement limit, but they ran up a bill of $3,500. Mr. Morehead stated he knows he cannot assess that much; therefore, he will assess $3,000. Seventy-Five percent of the problems were eliminated. Mr. Morehead went on to say he started the paperwork to extend the abatement work beyond the $3,000 limit. That paperwork will not be on the City Council agenda until November. The owners have until early November to finish cleaning up the property. The owners have been given verbal orders and Code Enforcement is going to follow up this week with formal written orders. With the bulk of the big siuff removed, it is possible the family can clean up the little stuff. The $3,000 assessed greatly improved the value of their land. Gerry Strathman stated the order before him today is a resolution to remove or repair the properry. Steve Magner responded there were two or three accessory struchues, numerous vehicles, metal machinery, and other related items that were there. Mr. Morehead stated the buildings are gone, but the remnants and things underneath the building aze still sticking up. Mr. Strathman asked what Code Enforcement is seeking today. Mr. Morehead responded before he can do a substantial abatement, owners of the properry aze to appear before Mr. Strathman. Code Bnforcement wants Mr. Strathman to determine that the need to finish up this abatement is proper. Mr. Morehead needs a recommendation from Mr. Strathman that if the property is not cleaned up by November 7 or 8, then Code Enforcement can finish it. Therefore, he needs authority from the City Council to levy more than a$3,000 lien on the property. Code Enforcement is continuing to work with this family. What is left is light work; the heavy stuff has been taken out. By the time the City Council heazs this matter, there is a good chance it will be cleaned up. This is just an insurance policy that if they cannot get it done, Code Enforcement will fuush the job so the file can be closed. Mr. Strathman stated the paperwork before him is for removal of buildings that have already been removed. Regazdless of the paperwork, what is being discussed here is an order to conduct a substantial abatement at this properry if the owners do not clean up the property by a specified date. When they originally looked at this properiy, stated Mr. Magner, to do the cleanup would have been beyond $10,000, which included the buildings. Since the owners have removed some of the buildings or broken down the buildings, Code Enforcement has removed them under the standazd summary abatement. What is primarily left is to clean up the site, grade it, seed it, and p�—io�r LEGISLATIVE HEARING MINU'I'ES OF OCTOBER 16, 2001 Page 4 straw it until it grows. If the owners can accomplish that task, Code Enforcement would not spend any more money there. What is really being asked, stated Mr. Strathman, is approval by the Ciry Council to do a substantial abatement at this property if the owners have not taken care of it prior to October 24. Mr. Magner added that after the Mayor signs it, it would probably be the first week of November before they could send someone out to finish the work on the property. Mr. Morehead stated the big deadline is winter. If the owners can make substantial progress, he will let them finish it. Ms. Frahs stated they took photographs. There is some bnxsh that has to be cleazed behind the house. There is a little patch in the middle of the property. There aze some trees that have to come down. Along the fence, dirt that has to be brought down to grade. They fixed the hole in the garage. Mr. Morehead responded they do not have to take the trees down. Next to the base of the trees is a hole with items sticking out of the ground. The items are considered hazardous waste. Anyone that hauls these items out has to be informed of this. (Ms. Frahs showed photographs to everyone.) Mr. Strathman asked aze they alright with what Mr. Morehead wants to do. Ms. Frahs responded yes, but was concerned about liens on the house. Mr. Magner responded assessments can go on the t�es. There can be another hearing when the family gets the assessment or T�ation can be called and asked to space it out. All taxes and assessments haue to be paid before a property is sold. Gerry Strathman recommends withdrawing the resolution before him today and approval of the authority to conduct a substantial abatement at this properiy if necessary. The City Council will need the proper paperwark developed. If the City Council approves it, Mr. Morehead will have the authority to do more work at the property. Resolution ordering the owner to remove or repair the property at 850 Sims Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 9-25-01) (Mr. Magner submitted photographs.) Steve Magner reported this properry was condemned in May 2000. It has been vacant since August 21, 2000. The current owners aze Michael and Becky Ramstad. There have been two summary abatement notices for removing refuse. On Mazch 7, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on Mazch 19, 2001, with a compliance date of April 18. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. Taxation has placed an 61-\� LEGISLATIVE HEARING MINiITES OF OCTOBER 16, 2001 Page 5 estimated mazket value of $20,000 on the land and $16,700 on the building. On August 30, 2001, a code compliance inspection was done. On April 13, 2001, the $2,000 bond was posted. Mr. Magner stated he contacted Don Wagner (License, Inspection, Environmental Protecrion), who indicated an inspector was sent to the properiy yesterday and there was not enough work completed. Also, a plumbing and heating pernut has not be pulled by a license contractor. There is no heat in this building. The owners will forfeit that bond as of today, and a new bond has not been posted. Mr. 3�athman stated he received a phone call this morning from appazently the owner who requested this hearing be delayed so Mr. Wagner could look at the building. Obviously, that is not necessary. Mr. Magner responded the owners aze trying to say that they made sheet rock and painting repairs and that is more than 50% of the work. Mr. Wagner's opinion is that is not the case. Gerry Strathman recommends approval of the resolution. The meeting was adjourned at 10:40 a.m. ,� �roxT r Date: September 25, 2001 a ��� Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer Summary Abatement Order Appeal for 1598 Hazel Street North. (Laid over from 9-4-01) Legislative Hearing Officer recommends denying the appeal. 2. Resolution ordering the owner to remove or repair the property at 2257 Hillside Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 4-17-01) Legislative Hearing Officer recommends granring the owner six months to complete the rehabilitation of the property on condition that a$2,000 bond is posted by noon of Wednesday, October 3, 2001. 3. Laid Over Sununary Abatement: JOlOSV Towing of abandoned vehicle at 376 Marvland Avenue East. Legislative Hearing Officer recommends reducing the assessment to $105 plus the $45 service fee for a total assessment of $150. 4. Sununary Abatement Order appeal for 697 Surrev Avenue. I,egisiative Hearing Officer recommends denying the appeal. Resolution ordering the owner to remove or repair the property at 850 Sims Avenue. If the owner faIls to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends laying over to the October 16, 2001, Legislative I�eating. 6. Resolution ordering the owner to remove or repair the property at 715 Preble Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legisiative Hearing Officer recommends granting the owner six months to complete the rehabilitation of the properry on condirion that the following is done by noon of Wednesday, October 3, 2001: 1) Pay the vacant building fee, 2) Get a code compliance inspection, 3) Post a$2,000 bond. �1-1�� LEGISLATIVE HEARING REPORT OF SEPTEMBER 25, Z001 Page 2 Resolution ordering the owner to remove or repair the properry at 397 Aldine Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Case is closed.) 8. Resolution ordering the owner to remove or repair the property at 473 Hatch Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. ��� CITIZEN SERVICE OFFICE Fred Owusu, Ciry C[erk CITY OF SAINT PAUL Norm Coleman, Mayor E�llgUSt 2$� 2��1 DMSION OF PROPERTY CODE ENFORCEMENT Michael R Morehead, Program Manager � �� IQ� Nuisance Building Code Enforcement I S W. Keltogg B[vd Rm. 190 Tel: 651-266-8440 Saint Paul, MIV 55102 Fax: 651266•8426 z NOTICE OF PUBLIC HEAR7N�5 ; �o��� ���Q���n co�:� Council President and 'y Members of the City Council � 6 �.�j fl��j�� , � Citizen Service Office, VacantJNuisance Buildings Enforcement Division has requested � the City Council schedule public hearings to consider a resolution ordering the repair or _ ` removal of the nuisance building(s) located at: 850 Sims Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesdaq, September 25, 2001 City Council Hearing - Wednesday, October 3, 2001 The owners and responsible parties of record are: Name and Last Known Address Michael & Becky Ramstad 502 Johnson Street Warren, IL 61087 Interest Fee Owner Sasnatha Mathues 850 Sims Avenue St. Paul, NSN 55106 Ronald 7oseph Adams = 676 Wells Street St. Paul, MN 55106 Aames Capital Corp. California Plaza 2 Contract for Deed Holder Contract for Deed Holder Mortgagee 350 South Grand Avenue, 42 Floor Los Angeles, CA 90071 loan #DG000072 850 Sims Avenue August 24, 2001 Page 2 Name and Last Known Address Anoka County Property Records 2100 3`� Avenue North Anoka, MN 55303 Attn: Beverly Nelson Checkwright ofMinnesota P.O. Box 39814 Edina, NIN 55439 Gopher Disposal P.O. Box 6 Newport, MN 55055 The legal description of this property is: Interest Tas Lien Jud�nent Creditor 7udgment Creditor Ol -�a� ' Lot 102, EXCEPT theWest 13 2/3 feet thereof, and LoYs 8 and 9, in $lock ', 1, Williams' Rearrangement of Block 7 and part of Block 4, Nelson's Addition to the City of St. Paul. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislarive Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incuned againsf fhe real estate as a special assessment to be collected in the same manner as Yaxes. Sincerely, �teve �a$ner � Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Bailding Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Councit Laurie Kaplan, PED-Iiousing Division MINUTES OF THE LEGISLATIVE HEARING Tuesday, September 25, 2001 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 10:04 a.m. C� \ \oZ� 3�. STAFF PRESENT: Roxanna Flink, Real Estate; Steve Magner, Code Bnforcement; Hazold Robinson, Code Enforcement; Summary Abatement Order Appeal for 1598 Hazel Street North. (Laid over from 9-4-01) Gerry Strathman stated that the appellant was going to consult with City staff and others as to whether the gazden was consistettt with the City's ordinance with respect to natural gardens, prairie growth, etc. He asked did the owner have time to do that. Walt Montpetit, owner, appeazed and stated a City representative catled him last Friday and left a voice mail. He was out of town and jusi retumed Sunday evening. He has not had a chance to have a conversation with City inspectors as faz as what was a landscape design versus weeds and tall grass. Harold Robinson reported he wuld not fmd a specific ordinance to cover these things. The ordinance does read grass and weeds over 8 inches high must be cut. There aze some specific plants and landscape designs that aze excluded from this. It is not composting because it is not a confained azea. It is not covered under the grass and weed ordinance because it is tall grass that has been allowed to grow. He cannot exempt it. Mr. Strathman asked is there someone in the City that laiows ptants weli enough to make a determination as to if these plants are accepted under state law. Mr. Robinson responded he has been on the properry, and it is basically tall gass and weeds. Mr. Strathman asked what makes the owner think it is something other than tall grass and weeds. Mr. Montpetit responded the area is set aside from Lhe rest of {he yazd. He looks at it as part of his landscape scheme. It is a wooded lot adjacent to the rest of the lot that is groomed, even though it is a small area. He does not know anyone who cuts weeds and ta11 grass out of a wooded lot. He asked is his yard designated as a yard or as a wooded lot. Mr. Robinson responded that specifically a wooded lot has to have a tree, and this backyazd does not have a tree. Mr. Monigetit responded there are irees back in the comer. Mr. Robinson stated this property is definitely not a wooded lot. From the description he included with his appeal, stated Mr. Strathman, there is a map that shows the nature garden is behind the gazage and surrounded by a six foot privacy fence. He asked how this came to the City's attention. Mr. Robinson responded it was a complaint based inspection. Mr. Montpetit stated he belongs to the yacht ciub and a member complained to the City about weeds and tall grass on Harriet Island. This member was told it was part of the tandscape scene. � \ `d� LEGISLATTVE HEARING MINUTES FOR SEPTEMBER 25, 2001 Page 2 It is no different than his weeds and tall grass, said Mr, Montpetit. He does not know what species needs to be cut and wluch species he can plant to conform. (Mr. Robinson gave Mr. Montpetit documents about a company that specializes in this subject.) Gerry Stratbman recommends denying the appeal. It does not appear that what Mr. Montpetit wants to do is provided for under the City ordinance. Resolution ordering the owner to remove or repair the property at 2257 Hillside Avenue. If the owner fails to comply, Code Enforcemeat is ordered to remove the building. (Laid over from 4-17-01) The foilowing appeazed: Kim McCallum, 929 Selby Avenue, and Steve Gibbs, Western National, 4I l2th Avenue North, Hopkins. Steve Magner reported this bnilding has been vacant since December 3, 1494. T'here have been five summary abatement notices to sec�se the dwelling, cut tall grass, remove refuse, remove snow and/or ice. On October 19, 2000, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photograplvs were taken. An order #a abate a nuisance building was issued on October 24, 2000, with a compliance date of November 27. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code. The real estates ta�ces are unpaid of $6,333. T�ation has placed an estimated market value of $56,600 on the land, and $5,000 on the building. Ott July 25, 2001, a code compiiance inspection was done. A$2,000 bond has not been posted. Estimated cost to repair is $100,000 to $150,000; estimated cost to demolish, $12,000 to $15,000. This was originally before the Legislative Hearing Officer in Mazch, said Mr. Magner. It was Iaid over because the second mortgage company was going through a foreclosure process, wanted to clear the title, pay off ti�e instttaace compaay, and then sell it. The second mortgage company has been paid off and is no longer involved with this property. The original owner has physical control of the buiiding, but there is still an issue with the insurance company for the first mortgage company. Mr. McCallum stated he plans to take the next week and decide to sell the properry, rehabilitate it, or tear it down and rebuild. As of yesterday, there was a settlement. n'I�'. Cn�bbs sta#ed Westem National utill be satisfied wiih the agreement. They are now in the middle of foreclosure on the property. They wilt be out of the picture when that happens and the McCallums can take whaYever action they would 3ike. Mr. Strathman asked is he prepared to posi the $2,000 bond. Mr. McCatlum responded he is. Gerry Strathman recommends granting the owner six months to complete the rehabiIitation of the properry on condition that a$2,000 bond is posted by noon of Wednesday, October 3, 2001. LEGISLATIVE HEARING MINUTES FOR SEPTEMBER 25, 2001 Laid Over Summary Abatement: JOlOSV Towing of abandoned vehicle at 376 Maryland Avenue East � ` ��� Page 3 Franciso JazamiIlo, owner, appeared and stated this is about a vehicle he pazked on tfie side of his gazage. He received an order to remove it. He called a towing company, and was told they would not remove it until Aprii. The City removed it in Mazch. He called the Impound Lot. He was told ihat he would not have to pay anything and he could sign over the title. The vehicle was left there. Hazold Robinson reported the velucle was abated on 7anuary 25 and towed in March. It had no current license plates. It was a proper tow. In answer to questions, Mr. Jazamillo responded the vehicle was a 1981 Honda Civic, and it did nof run. Gerry Strathman recommends reducing the assessment to $105 plus the $45 service fee for a total assessment of $150. The owner should have taken caze of the matter as soon as he got the notice. The City towed the vehicle, stored it, and sold it when they got the title. There aze costs involved. Summary Abatement Order appeal for 697 Surrey Avenue. (Sharon Anderson, appellant, sent Gerry $trathman an e-mail saying thai she is unable to attend today's meeting.) Gerry Strathman recommends denying the appeal. '� Besolution ordering the owner to remove or repair the property at 850 Sims Avenue. If the owner faiis fo eomply, Cade Enforcement is ordered to remove the buiiding. (Steve Magner presented photographs. They were later retumed.) Steve Magner reported the property was condemned May 2000. It has been a vacant building since August 21, 2000. Two summary abatement nofices have been issued to remove refuse. On Mazch 7, 2001, an inspecrion of the buiiding was conducted, a list of deficiencies which consfitute a nuisance condirion was developed, and photographs were taken. An order to abate a nuisaace buiiding was issued on March 19, 2001, with a campliauce date of April 18. As of this date, the property remains in a condifioa ti�at comprises a nuisance as defined by the legislative code. The vacant building fees are due. Estimated mazket value of ptoperty is $36,700; estimated cost to repair, $80,Oflfl to $100,000, estimated eost to demolish, $7,500 to $8,000. A code compliance inspection was done on August 30, 2000. On Aprit 13, 2001, stated Mr. Magner, a third pariy posted a$2,000 bond. His xeasoning was that he was in expectation of obtaining title after the originat owners--MichaeI and Becky Ramstad--cancelled the contract with Samantha Mathews. That bond expires by OcTOber I5. C� E- \O� LEGISLATIVE HEARING MINUTES FOR SEPTEMBER 25, 2001 Page 4 Mr. Strathman asked what happened with the citation that was issued for faiiure to pay the vacant building fee. Mr. Magner responded he does not have the file with him, but he assumes the citation was never settled. The owner is no longer in Minnesota. In September, Ms. Mathews paid the vacant building fee. Code Enforcement made an agreement with Ms. Maihews to give her six months to rehabilitate the properry and she would not have to post the bond, but would have to obtain a code compliance inspection. She obtained the code compliance inspection, but failed to act in a timely manner to rehabilitate the structure. Code Enforcement continually receives compiaints of illegal activities aad occupancy at the dwelling. There have been numerous inspections. Mr. Magner had a conversation with Don Wagner (License, Inspecrions, Environmental Protection) who said he has not been cailed to inspect tiie properry. There are stitl outstanding pernuts that need to be pulled before a code compliance can be signed off. Samantha Mathews, owner, appeazed and stated she had a code compliance inspection. The six months were up, and Rich Singerhouse (Code Enforcement) and another inspector came out on Mazch 7. She received an order to abate dated March 19 and was given until April 18 to cleaz the deficiencies. This is a different list than the original that she had six months to do. Shortly thereafter, a$2,000 bond was posted. The man who posted the $2,000 bond was under the assumption that he was going to get the house, and Mr. Ramstad had agreed to sell it to him after the foreclosure proceedings against her. Ms. Mathews also cazne up with $5,000, took tlte maYter to district court, and saved her house. Three hours after she won the court case, there was a legislative heariwg notice from Mr. Magner. Throughout this whole time, she has left several messages and has never had her ca11s retumed. On her last visit with Mr. Magner, he said he was fuushed with Yl�is maiter and would put Mike Morehead (Code Enforcement) in charge of it. Her house is more than 50% done. Ms. Mathews has photographs and �davits from her neighbors. One of the people complauring wouid be a neighbor right next door to her who would Iike to obtain her properiy. Ms. Mathews received two summary abatement notices: one was for a dog and one to clean up the property. The bond expires on October 13. Don Wagner would like to inspect the properry to see what has been done. Gerry Strathman recommends laying over to the October 16, 2001, Legislative Hearing. He does noY think the City should move on this properry while the current bond is still in effect, but that is only for approximately two more weeks. There needs to be an inspection of the property before the bond is eacpired to determine if it can be e�ended another six months. ResoluYion ordering the owner to remove or repair the property at 715 Preble Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (3teve Magner submitted phoLographs.) Catherine Davis, 1453 Arkwright Avenue #301, owner's daughter, appeared. Gerry Strathman stated the docutnent in front of him has Gilbert Castilla as the fee owner, Long Beach Mortgage Company as the mortgagee, and Katherin and Michael Davis as interested parties. Ms. Davis responded she is not sure how her name got onto the paperwork other than the fact that Gilbert is her dad. He purchased the house in August. He is disabled and Ms. Davis C5 � \c�?� LEGISLATIVE HEARING MINLTTES FOR SEPTEMBER 25, 2001 Page 5 handles most of his business. They had done the work on the house and moved in unaware that it was a vacant house. Steve Magner reported this building has been vacant since June 10, 1999. There have been seven summary abatement notices issued to remove refuse, cut tall grass, secure structure. On August 1, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on August 6, 2001, with a comptiance date of August 21, 2001. As of tfiis date, this properiy remains in a condition wlvch comprises a nuisauce as defined by the legislative code. The vacant building fees are due. Real estate taxes aze unpaid in the amount of $1,073.99. Prior to the fire, Tasation had placed an estimated market value of $11,000 on the land and $38,400 on the building. The estimated cost to repair this structure is $50,000 to $60,000; estimated cost Yo demolish, $7,000 to $8,000. On August 3, 2000, a code compliance inspecrion was done. No bond has been posted. Mr. Magner stated this was a registered vacant building, and vacant building placazds were on it. The owner was put on notice not to occupy this building. There were two citations issued for illegal occupancy. They were occupying a registered vacant building when the fire occurred. Mr. Strathman stated the photographs do not indicate a fire. Mr. Magner responded the fire was contained in the interior of the dwelling. There was heavy smoke damage throughout. There was no burn through to the outside; it is a stucco �terior. Mr. Strathman asked was the extent of the damage cosmetic or structural. Mr. Magner responded there was heavy smoke and water damage throughout. The building has been abandoned since that time. There may have been more estensive water damage since then. Ms. Davis stated she takes care of her father; be is not well. He purchased the property on August 9, 2000, from the previous owner. She does not haue legai control over his decisions. Ms. Davis was not aware the properry was a registered vacant house. It was obvious there were things that needed to be done to the properry. Every pipe in the basement was busted. There was no ruiming water nor electricity. She knew it had to meet certain codes before it cautd be tegatiy occupied. She hired a company to replace the plumbing in the basement, and an outside spigot that leaked. The connection to the water heater had to be replaced. They laid carpet and painted. After she did the work, she moved in and was unaware that she couldn't. In September, a man came to the house and explained to her husband that they could not live there because the property was registered as being legally vacant. When she found this out, she had just given birth to her daughter. When she was able to, she contacted various people in the City. The fire that occurred on June 12 has rendered the condition of the house worse. Long Beach Mortgage holds $30,000 of insurance settlement on the fire to have it repaired. Ms. Davis went on to say she came into possession of a code compliance inspection dated August 3. After talking to Mr. Magner, he explained their contractor could walk through the house with the list, and he would know if it has been done. They could obtain a permit for the code compliance issues and a permit for the fire damage. Her comractor did a waIk through. She o t ��� LEGISLATIVE HEARING MTNUTES FOR SEPTEMBER 25, 2001 Page 6 cannot get tiie code compliance issues done untiI the fire damage is cleaned up to see what she is left with, but she cannof get the fite damage taken care of untiI she gets the code compliance issues taken care of. Mr. Strathman asked was she aware that the repair cost may be between $50,000 to $60,000. Ms. Davis responded over half the list has been fixed. With the fire damage, there is additionaI work to be done. The mortgage company is holding $30,000. Mr. Strathman asked is the AugusY 3, 2000, code�compliance inspection an accurate representation of what needs to be done. Mr. Magner respon@ed Don Wagner (License, Inspections, Environmental Protection) would have to go through the building and make a deternrination as to what has to be completed, was it done under permit, and can it be signed off. If not, it has to be done under permit. Most likely, Mr. Wagner will noY give a code compliance certificate without including the fire damage items. Another code compliance inspection is needed, asked Mr. Strathman. Mr. Magner responded vacant building fees need to be paid, a code compliance inspection completed, and a bond needs to be posted. Also, the building should be unoccupied and secuzed, Gerry Strathman recommends granting the owner six months to complete the rehabilitation of the property on condition that the following is done by noon of Wednesday, October 3, 2001: 1) Pay the vacant building fee, 2) Get a code compliance inspection, 3) Post a$2,000 bond. Resolution ordering the owner to remove or repair the property at 397 Aldine Street. If the owner fails to compty, Code Enforcement is ordered to remove the building. Steve Magner reported the hause has been moved to another location. (Case is closed.) Reso�ufion ordering the owner tv remove or repair the praperty at 473 Hatch Avenue. If the owner fails to comply, Code Eaforcement is ordered Yo remove the building. (Steve Magner submitted phoYographs.) Steve Magner reported this property has been condemned and vacant since November 2000. Five summary abatement notices have been issued to cut tall grass and remove refuse. On August 1, 2001, an inspection of the building was conducted, a list of deficiencies wluch constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance condition was issued on August 6 with a compliance date of August 21. As of this date, this properiy remains in a condition which comprises a nuisance as defined by the legislative code. The City has boazded the building against trespass. The vacant building fees are due. Real estate t�es aze unpaid of $2090.38. Taxation has placed an estimated mazket value of $6,500 on the land. Before the fire, the estimated mazket value of the building was $34,800. As C> \— \c�Z� LEGISLATIVE HEARING REPORT OF SEPTEMRER 25, 2001 p� 7 of today, a code compliance inspecrion has not been applied for and a bond has not been posted. The estimated cost to repair is $40,000 to $50,000; estimated cost to demolish, $6,000 to $7,000. Mr. Maguer stated the owner has tried to sell the properiy with no luck due to the small size of the structure, low ceilings, and numerous problems with the building. About a montfi ago, the owner asked Mr. Ma�er what would happen if the Cily demolished the shvcture. Mr. Magner explained the lot would remain his property, and the cost of the demolition would be assessed on the taYes. Gerry Strathman recommends approval. The meeYing was adjoumed at 11:02 a.m. rrn � 1- \ UZ� 53 , CTI'Y OF SAINT PAUL INTERDEPARTMENTAL MEMOI2ANDUM DATE: November 6, 2001 TO: Gerry Strathman FROM: Donald F. Wagner � t� RE: 850 Sims Avenue As per your direction, I tried to get into this property to personally inspect and determine status of rehabilitation but the owner DOES NOT RESPOND. On four (4) occasions I left a message on her telephone answering machine. Also, I spoke with a friend ofher's from our office telling her ofthe urgency and the fact she has not responded. But stili NO response. The onlypermits secured for rehabilitation of this propertywera a Electrical Permit with a valuation to do five hundred dollars ($500.00) worth of electrical repairs and a Building Permit to do five hundred dollars ($500.00) worth of general repairs. The orieinal re�ort calls far many areas to be uncovered where unacce tn able work was done, along with inspection of these areas by a qualified engineer, a7so, plans were to be submitted detailing light, ventilation, egress from various rooms ALL of which has NOT been done. Where walls, ceiling and miscellaneous repairs of a cosmetic nature were done much of which would possibly have to be redone. So an adequate Building Permit was not obtained nor has there been any attempts to secure a Plumbing ar Heating Permits. It was reported that there is no electricity on in building nor is there a heating plant. Inreviewing orig'tnalreports, discussions with inspectors, reviewingpictures and exterior inspection, I would estimate there would be approximately twenty percent (20%) of work is completed that is necessary and approximately five percent (5%} totaI dollar expenditure was made that is necessary to complete project. ca Steve Magner �FFICE OF LICEN5E, IIJSPECTIONS AND ENVII20NMENTALPROTECTION Robert Kessler, Directar C1TY OF SANT P�UL Norm Colemars, :Nayor L�tl�tlSi J1� �Q�� E1R.T� ADAMS 872 PAYNE AVE ST PAUL MN �5101 Re: 850 Sims Avenue File # : 00 141139 VB3 Dear Property Owner: L04i'RYPROFESSIONAL BUILDING 350 S[. Petu Sdee{ Suire 300 SaintPau{,Ninncro[a �5702-IS10 C�i-i�� 7elepkane: 6�1-?66-9090 Fuuim ile: 6� I -?66-9099 651-?66-91?� Pursuant to your request 850 Sims Avenue was inspected and the foilowing report is submitted: BUTLDING Almost to entire building and garage has been worked on and the worlananship for the most part is unacceptable. The entire cellar walls and ceilin�s will have to be removed, coverin�s, on side exterior, stauway shail be removed and along with any other questionable structural conditions exposed and aIl inspected by a registered Shuctural Engineer and corrections made as per their recommendations. There have been alterations made to walls, windows, doors, etc. All existing shali be put in pians showin� rooms, window sizes (operating and fixed} and corrections made as necessary to provide light, ventilarion, egress, etc. depending on usage. All walls, ceilings, floors, foundation, shucture, stairs, steps, trim, doors, windows, siding, roof, etc. must be put in a finished condirion and meeting the appropriate codes in a workmanship manner before this building is re-occupied. ELECTRICAL i. Ittsure proper fuses or breakers for all conductors. 2. Repair or replace ailloose or broken devices and fixtures. 3. Check a113-wire outlets for proper polarity and ground. 4. Througkout building, install outlets and fi�ztures as per Bulletin 8Q-1. 5. Install smoke detectors as per Bulletin 80-1 and U.B.C. � C�� �o ���5 April 17, 2001 Page Two ELECTRICAL - Continued 6. Replace open wirin�, and broken conduit throughout. 7. In the �arage, rewire to code. Including feed. (Iasure that under� wirinJ is appzoved for under�ound installation.) PLLIMBING 1. Provide vent to all basement fixtures. 2. No PVC and ABS allowed to be glued together. 3. Cap or plug all open waste and vent pipes. � 4. Provide approved vent to water heater. (Red tao�ed water heater for vent) 5. Test all gas piping for leaks and cap all open gas pipes. 6. Provide backflow proteckon to boiler, laundry tub and outside silcocks. 7. Repair leak to second floor bath and provide approved piping. 8. Provide approved faucet to second floor bath tub. 9. Provide approved plumbing vent tiuew roof. MECHANICAL 1. Install3/4" gas main--remove stop valve and replace cap with valve in it on dirt leg. 2. Install approved lever handle manual gas shutoff valve on boiler. 3. Clean and ORSAT boiler burner. Check all controls for proper operation. 4. Install cliimney liner. 5. Tie boiler and waYer heater venring into cl�unuey liner. 6. Provide adequate clearance from flue vent pipe on boiler to combustible materials or provide approved shielding according to code. 7. Recommend adeqnate combustion air. - 8. Provide support for gas lines to code. 9. Support supply and retuzn piping for heating system according to code. 10. Test hot water/steartt keating system for leaks. 11. Pipe boiler relief valve discharge to withitt 18" of the floor. 12. Provide back f�ow preventer on city water fill line to hot water/steasn heating system. 13. Provide heat in evezy habitable room. NOTE: There is an older boiler with a broken manual gas valve and bad venting. Most of the finest tube radiation is damaged and all the covering is missing. Replace radiation throughout the house and bring the boiler up to code. a C�`-102�5 �o ��S Apri117,2001 P3ee ThrPe NOTES 1. See attachment for permit requirements. 2. Tkis properiy is designated by the Vacant Buildiags Department as a Category #3 which requires a$2,000 Performance Sond or Deposit at the time the permit is issued. 3. Provide plans and specifications as to what is to be rebuilt. 4, All items noted as recommended do not have to be completed for code compliance but should be completed at a later date. Possibie purchasezs of property shall be made aware of these items. 5. There is dangerous electricai, building and plumbing conditions present and all ntust be address before any rehabilitation is considered. ZONTNG 1. This property is a legal duplex. Sincerely, Q�� �� Dottald F. Wagner Building Inspector DFW:sla Attachments - 4