Loading...
01-1198,""', � "°� � A ¢ ,�, � s i � � '. � ? � i . � _ .��. � CI OF SAINT PAUL, f RESOLUTION Presented By Referred To o� a�' Council File # Green Sheet �f�a.3S� �� nmittee: Date 1 WHEREAS, Citizen Service Office, Division of Code E rcement has requested the City Council 2 to hold public hearings to consider the advisability and necessi of ordering the repair or wrecking and 3 removal ofbuilding(s), sheds, barns, storage structures and all ehicles, trucks, tractars, debris, rubble and 4 tall grass and weeds located on property hereinafter referre o as the "Subject Property" and commonly 5 known as 299 Arlington Avenue East. This property is le ally described as follows, 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 Lots 20, 21, 22, and 23, Block 21, Dawson's L e Como & Phalen Avenue Addirion to the City of St. Paul, Ramsey Co., Minnesota. WHEREAS, based upon the records in Ramsey County Recorder's Office and informarion obtained by Division of Code Enforcement on r before June 29, 2001, the following are the now known interested or responsible parties for the Subje t Property: Richard R. Spreigl, 299 Arlington Avenue East, St. Paul, MN 55101; Vera Horrigan, 321 lington Avenue East, St. Paul, MN 55101; Robert H. Spreigl, 333 Arlington Avenue East, St. P ul, MN 55101 WHBREAS, Division of ( Chapter 45 of the Saint Paul Legi Building(s)" dated September 10, �nforcement has served in accordance with the provisions of ✓e Code an order identified as an"Order to Abate Nuisance i; and WHEREAS, this order i formed the then lmown interested or responsible parties that the structure located on the Subj ect Prope is a nuisance building(s) pursuant to Chapter 45; and WFIEREAS, this demolish the structure WHEREAS, build'mg(s) to consti informed the interested or responsible parties that they must repair or on the Subject Properry by October 2, 2001; and enfarcement officer has posted a placard on the Subject Property declaring this a nuisance condirion; subject to demolition; and WHERE , this nuisance condition has not been corrected and Division of Code Enforcement requested that City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and e 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 . ��.�-r"'� �` � � w MINNESOTA 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City ��"�� 2 Council on Tuesday, October 16, 2001 to hear testimony and evidence, and after receiving testimony and 3 evidence, made the recommendation to approve the request to order the interested or responsible partie to 4 make the Subject Property safe and not detrimental to the public peace, health, safety and welfare 5 remove its blighting influence on the community by rehabilitating this struchxre in accordance � all 6 applicable codes and ordinances, or in the alternative by demolishing and removing the struc e in 7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of structure to be 8 completed within five (5) days after the date of the Council Hearing; and 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 SQ 51 52 53 WHEREAS, a hearing was held before the Saint Paul City Council on 2001 and the testimony and evidence including the action taken by the Legisl� considered by the Council; now therefore � �esday, November 7, Hearing Officer was BE IT RESOLVED, that based upon the testimony and evidence esented at the above referenced public hearings, the Saint Paul City Council hereby adopts the follow� Findings and Order conceming the Subject Property at 299 Arlington Avenue East: 1. That the Subject Property comprises a nuisance c dition as defined 'an Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of �s building(s) is estimated to exceed three thousand dollazs ($3,000.00). 3. That there now exists and has existed Subject Property. 4. 'That an Order to Abate to correct the deficiencies or to 6. That Division of Code E forcement has posted a placard on the Subject Property which declares it to be a nuis ce condition subject to demolition. 7. That this building h been routinely monitored by the Citizen Service Offices, Division of That the deficiencies causin�this nuisance condition have not been corrected. Code That the that the : The Saint Paui •�� � 2. Housing or Building code violations at the g(s) was sent to the then known responsible parties and remove the building(s). Buildings. xested parties and owners are as previously stated in this resolution and requirements of Chapter 45 have been fulfilled. Council hereby makes the following order: The above r erenced interested or responsible parties shali make the Subject Properiy safe and not detriment o the public peace, health, safety and welfare and remove its blighting influence on the communi by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenc d Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordin ces, or in the alternarive by demolishing and removing the smxcture in accordance with all appl' able codes and ordinances. The rehabilitation or demolition and removal of the structure m t be completed within five (5) days after the date of the Council Hearing. If the above corrective action is not completed within this period of time the Citizen Service Office, =�rr 1 Division of Code Enforcement is hereby authorized to take whatever steps are 2 demolish and remove this structure, fill the site and charge the costs incurred a 3 Properiy pursuant to the provisions of Chapter 45 of the Saint Paul Legislative 4 5 7 10 11 �[y to the Subject 3. In the event the building is to be demolished and removed by the City of S t Paul, all personal proper[y or fiactures of any kind which interfere with the demolirion and moval shall be removed from the property by the responsible parties by the end of this time pe �od. If all personal property is not removed, it shall be considered to be abandoned and the City f Saint Paul shall remove and dispose of such properry as provided by law. 4. It is fiuther ordered, that a copy of this resolution be mailed t the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative C de. Benanav B a� Bostrom o e� Harris Lan� Reiter Adopted by Council: Date Adoption Certified by Council E3� Approved by Mayor: Date � Requested by Department of: B � . l . Approved by Mayor for Submission to Council By: t%�'� . � Form Approved by City Attorney _.. . .. .. . Y Division of Code Enforcement 266-8439 November 7, 2001 - TOTAL # OF SIGNATURE o � -i�ql' GREEN $HEET No 1 Q2356 wn 7?S! orv.nmF. ❑ orcmac _ ❑�.�o.. ❑:«���a � N110R1�11iOf11111) ❑ (CLIP'ALL LOCA ONS FOR SIGNATUR� City Council to pass this resolution which will order the owner(s) to remove or repair the r e c '� the owner fails to comply with the resolurion, the Citizen Service Office, Division of Code Enforcement is orde to remove the building. The subject proper[y is located at 299 Arlington Avenue East. S�P �� LQ01 CITY A�"TORN � PL4NNING COMAQISSION CIB COMMITfEE CML SERVICE COMMISSION Wliert Wt�ae. ,_ �m�o��„�au�.a�ar«u��r�ir+ YES NO 2. Fies ihic G� ever 6cen a dlY anDbYee� YES NO 3. Daes tliie P��rm P� a sldll iat rionnalNP� M anY darmt cAY emPbYee? YES NO . 4. IsMispe�SaJfumafer9�edvenEOY7 . , YES NO Em�ain ae ves srene�s on aeoarate st� and attac� ro areen she� " This building(s) is a nuisance, building(s) as defined in Chapter 45 and a vacant building as,defined in Chapter 43 of ,_ , the Saint Paul Legislative Code. The owners, interested parties and responsible parties laiown to the Enforcement Officer were given an order to repair or remove the building at 299 Arlington Avenue East by October 2, 2001, and have failed fo comply witti those orders. �,y.��s:r.��.� The City will eliminate a nuisance. y 7SADVAMAGES IFAPPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collecfed as a special assessment agaixist the property t�es. 9SADVANTAGE3IFNOTAPPROVFD � - ' , .. A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. cosTmEVwue euooErm [anc� oa� �irES � No ► .� - .� �• :�. -u iNFOrsnanor+�owwr� �crnmrNUw�Ete 33261 �� �'$�atC�! �EPf�°�f � 07/21/Ol t REPORT Date: October 16, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Appeal of stunmary abatement order for 697 Surrev Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) Legislative Hearing Officer recommends denying the appeal. o�-��qr 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) . Legislafive Hearing Officer recommends granting the owner six months to complete the rehabilitation of the property on condition that a$2,000 bond is posted by noon of October 24, 2001. 3. 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. Legislative Hearing Officer recommends approval of the resolution. � 4. Resolution ordering the owner to remove or repair the property at 299 Arlington Avenue East. If the owner fails to comply, Code Enfarcement is ordered to remove the building. Legislative Hearing Officer recommends withdrawing the resolurion. 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) Legislarive Hearing Officer recommends approval of the resolution. E�ul MINUTES OF THE LEGISLATIVE HEARING a,_, Tuesday, October 16, 2001 Room 330 City Hall Gerry Strathman, Legislarive Hearin� Officer STAFF PRESENT: Steve Magner, Code Enforcement; Mike Morehead, Code Enforcement The meeting was called to order at 10:00 am. Appeal of summary abatement order for 697 Surrey Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) Gerry Strathxnan stated this is an appeal of an order issued to Shazon Anderson in September. The order was to remove unproperly stored refuse, cut and remove ta11 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 City got the list of items on the suimnary abatement order. Mr. Strathman asked aze there tall weeds and grass. Mr. Dahn responded no. If there aze, 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 aze the complaining parties. Under state law, responded Mr. Strathxnan, the City is prohibited from disclosing the complainants. Mr. Strathxnan stated he needs some evidence that the order is unproper, 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 are being harassed and harassment is a bigger charge than tall weeds. Mr. Strathman asked aze there any photographs showing the properiy. 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. Strathman, he would need some evidence to show the properiy is cleaned up, and he does not have that. Mr. Dahn responded that Mr. Strathman also does not have 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 property. If they look at the property and find there is no reason for this order, then they will withdraw the order and the matter will be closed. This matter will go before the City Council. Mr. Dahn responded Ms. Anderson wants it to go before the City Council. a � -i���' LEGISLATIVE HEARING MINi.JT'ES OF OCTOBER 16, 2001 Page 2 Resolution ordering the owner to remove or repair the property at 393 Sidney 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 ciosing haue not occurred. They may be trying to have these things done by the City Council meeting on October 24. Gerry Strathman 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.) Steve Magner stated this properiy has been vacant since December 5, 2000. The current owner is Vicki Adams, also known as Vicki Knight. Six summary 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 condition which comprises a nuisance as defined by the legislative code. The vacant building fees are due. Real estate taxes aze paid. Tazation has estimated the market value of the land as $12,200; estimated market value of the building priar to the fire, $47,900. A code compliance inspection nor bond have been applied for. Demolifion is between $7,000 and $8,000. The owner has contacted Code Enforcement. Her last call to the area inspector was that she was not going to fight the demolition of the building. Gerry Strathman recommends approved the resolufion based on Mr. Magner's testimony and the fact that the owner is not here to represent the property. � Resolution ordering the owner to remove or repair the property at 299 Ariington Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. The following appeared: Marjorie Frahs (owner Richard Spreigl's niece) and Reneya Mayberry (Ms. Frahs' niece and Mr. Spreigl's great niece). Mike Morehead reported this property has a long history. Many years ago when Highway 35 was run through, this family was relocated by the state. The City granted the new location a nonconforming use status. This property was used as a landscaping business. The business went o � _�►qr LEGISLATIVE HEARING MINi.JTES OF OCTOBER 16, 2001 Page 3 defunct a few yeazs ago. Landscaping equipment items were left to accumulate on the property so long that trees were growing through the tires. A number of buildings on the properiy fell down from lack of maintenance. It was determined that the property was not used for commercial purposes; therefore, it reverted to residential zoning status. At that point, all the miscellaneous materials on the properiy were no longer fit for residential applications. Last year, stated Mr. Marehead, Code Enforcement started dealing with the Spreigl family. The principle owner Richazd is elderly and has not been able to accomplish the cleanup. Code Enforcement issued orders and gave the owners a deadline to get the properiy cleaned up. The owners were not able to get rid of the big equipment. The City brought in a large abatement crew. They were limited to $3,000, which is the sutxunary 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 unfil 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 stuff removed, it is possible the faxnily 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 properiy. Steve Magner responded there were two or tluee accessory structures, numerous vehicles, metal machinery, and other related items that were there. Mr. Marehead stated the buildings are gone, but the remnants and tlungs underneath the building are still sticking up. Mr. Strathxnan asked what Code Enforcement is seeking today. Mr. Morehead responded before he can do a substantial abatement, owners of the properiy are to appear before Mr. Strathman. Code Enforcement wants Mr. Strathman to determine that the need to finish up this abatement is proper. Mr. Marehead 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 hears 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 finish the job so the file can be closed. Mr. Strathxnan stated the paperwork before him is for removal of buildings that have already been removed. Regardless of the paperwork, what is being discussed here is an order to conduct a substantial abatement at this properiy if the owners do not clean up the properry by a specified date. When they originally looked at this property, 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 standard suminary abatement. What is primarily left is to clean up the site, grade it, seed it, and LEGISLATIVE HEARING MINUTES OF OCTOBER 16, 2001 01 -l1gY 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 City Council to do a substantial abatement at this properry 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 wili let them finish it. Ms. Frahs stated they took photographs. There is some brush that has to be cleazed behind the house. There is a little patch in the middle of the properiy. 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 sficking 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 taxes. There can be another hearing when the family gets the assessment or TaYation can be called and asked to space it out. All tases and assessments haue to be paid before a properry is sold. Gerry Strathman recommends withdrawing the resolution before him today and approval of the authority to conduct a substantial abatement at this property if necessary. The City Council will need the proper paperwork 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 property was condexnned in May 2000. It has been vacant since August 21, 2000. The current owners aze Michael and Becky Ramstad. There have been two sununary abatement notices far removing refuse. On March 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 March 19, 2001, with a compliance date of April 18. As of ttus date, this properry remains in a condition which comprises a nuisance as defined by the legislative code. TaYation has placed an o�-���r LEGISLATIVE HEARING MINUTES 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 Apri113, 2001, the $2,000 bond was posted. Mr. Magner stated he contacted Don Wagner (License, Inspection, Environmental Protection), who indicated an inspector was sent to the properiy yesterday and there was not enough work completed. Also, a plumbing and heating permit 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. Strathman stated he received a phone call this morning from apparently 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 are hying 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. � CITIZEN SERVICE OFFICE Fsed Owurq City Cluk CITY OF SAINT PAUL Nnrm Coleman. Mayor 5eptember 21, 2001 o � -���r R�AiL��� NOTICE OF PUBLIC HEARII\ �� Zu�1 CITY A�TORNEY Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) vehicles, tall grass and weeds, property clean up and any other nuisance conditions located at: A 299 Arlington Avenue East The City Council has scheduled the date of these hearings as follows: Legisiative Hearing - Tuesday, October 16, 2001 City Council Hearing - Wednesilay, November 7, 2001 The owners and responsible parties of record are: Name and Last Known Address Richard R. Spreigl 299 Arlington Avenue East St. Paul, MN 55101 Vera Horrigan 321 Arlington Avenue East St. Paul, MN 55101 Robert A. Spreigl 333 Arlington Avenue East St. Paul, MN 55101 The legal description of this property is: DMSION OF PROPERTY CODE ENFORC&�IENT Michael R Morehead, Program btanages Nu'uance Building Code Enforcemertt IS W. KelloggB[vd. Rm 190 Tel: 657'-268-8440 Sain[Pau1,NIN55702 Fax:651-266-8426 Interest Tenant in Common Tenant in Common Tenant in Common Lots 20, 21, 22, and 23, Block 21, Dawson's Lake Como & Phalen Avenue Addition to the City of St. Paul, Ramsey Co., Minnesota. o� -�t�tY 299 Arlington Avenue East September 21, 2001 Paae 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eluninate this nuisance condifion by conectin� the deficiencies or by razing and removing this building(s) ,vehicles, tall grass and weeds, property clean up and any other nuisance conditions. 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 Diqision 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 incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �teve �a�n.er ' Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Desia Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph ,""', � "°� � A ¢ ,�, � s i � � '. � ? � i . � _ .��. � CI OF SAINT PAUL, f RESOLUTION Presented By Referred To o� a�' Council File # Green Sheet �f�a.3S� �� nmittee: Date 1 WHEREAS, Citizen Service Office, Division of Code E rcement has requested the City Council 2 to hold public hearings to consider the advisability and necessi of ordering the repair or wrecking and 3 removal ofbuilding(s), sheds, barns, storage structures and all ehicles, trucks, tractars, debris, rubble and 4 tall grass and weeds located on property hereinafter referre o as the "Subject Property" and commonly 5 known as 299 Arlington Avenue East. This property is le ally described as follows, 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 Lots 20, 21, 22, and 23, Block 21, Dawson's L e Como & Phalen Avenue Addirion to the City of St. Paul, Ramsey Co., Minnesota. WHEREAS, based upon the records in Ramsey County Recorder's Office and informarion obtained by Division of Code Enforcement on r before June 29, 2001, the following are the now known interested or responsible parties for the Subje t Property: Richard R. Spreigl, 299 Arlington Avenue East, St. Paul, MN 55101; Vera Horrigan, 321 lington Avenue East, St. Paul, MN 55101; Robert H. Spreigl, 333 Arlington Avenue East, St. P ul, MN 55101 WHBREAS, Division of ( Chapter 45 of the Saint Paul Legi Building(s)" dated September 10, �nforcement has served in accordance with the provisions of ✓e Code an order identified as an"Order to Abate Nuisance i; and WHEREAS, this order i formed the then lmown interested or responsible parties that the structure located on the Subj ect Prope is a nuisance building(s) pursuant to Chapter 45; and WFIEREAS, this demolish the structure WHEREAS, build'mg(s) to consti informed the interested or responsible parties that they must repair or on the Subject Properry by October 2, 2001; and enfarcement officer has posted a placard on the Subject Property declaring this a nuisance condirion; subject to demolition; and WHERE , this nuisance condition has not been corrected and Division of Code Enforcement requested that City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and e 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 . ��.�-r"'� �` � � w MINNESOTA 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City ��"�� 2 Council on Tuesday, October 16, 2001 to hear testimony and evidence, and after receiving testimony and 3 evidence, made the recommendation to approve the request to order the interested or responsible partie to 4 make the Subject Property safe and not detrimental to the public peace, health, safety and welfare 5 remove its blighting influence on the community by rehabilitating this struchxre in accordance � all 6 applicable codes and ordinances, or in the alternative by demolishing and removing the struc e in 7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of structure to be 8 completed within five (5) days after the date of the Council Hearing; and 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 SQ 51 52 53 WHEREAS, a hearing was held before the Saint Paul City Council on 2001 and the testimony and evidence including the action taken by the Legisl� considered by the Council; now therefore � �esday, November 7, Hearing Officer was BE IT RESOLVED, that based upon the testimony and evidence esented at the above referenced public hearings, the Saint Paul City Council hereby adopts the follow� Findings and Order conceming the Subject Property at 299 Arlington Avenue East: 1. That the Subject Property comprises a nuisance c dition as defined 'an Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of �s building(s) is estimated to exceed three thousand dollazs ($3,000.00). 3. That there now exists and has existed Subject Property. 4. 'That an Order to Abate to correct the deficiencies or to 6. That Division of Code E forcement has posted a placard on the Subject Property which declares it to be a nuis ce condition subject to demolition. 7. That this building h been routinely monitored by the Citizen Service Offices, Division of That the deficiencies causin�this nuisance condition have not been corrected. Code That the that the : The Saint Paui •�� � 2. Housing or Building code violations at the g(s) was sent to the then known responsible parties and remove the building(s). Buildings. xested parties and owners are as previously stated in this resolution and requirements of Chapter 45 have been fulfilled. Council hereby makes the following order: The above r erenced interested or responsible parties shali make the Subject Properiy safe and not detriment o the public peace, health, safety and welfare and remove its blighting influence on the communi by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenc d Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordin ces, or in the alternarive by demolishing and removing the smxcture in accordance with all appl' able codes and ordinances. The rehabilitation or demolition and removal of the structure m t be completed within five (5) days after the date of the Council Hearing. If the above corrective action is not completed within this period of time the Citizen Service Office, =�rr 1 Division of Code Enforcement is hereby authorized to take whatever steps are 2 demolish and remove this structure, fill the site and charge the costs incurred a 3 Properiy pursuant to the provisions of Chapter 45 of the Saint Paul Legislative 4 5 7 10 11 �[y to the Subject 3. In the event the building is to be demolished and removed by the City of S t Paul, all personal proper[y or fiactures of any kind which interfere with the demolirion and moval shall be removed from the property by the responsible parties by the end of this time pe �od. If all personal property is not removed, it shall be considered to be abandoned and the City f Saint Paul shall remove and dispose of such properry as provided by law. 4. It is fiuther ordered, that a copy of this resolution be mailed t the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative C de. Benanav B a� Bostrom o e� Harris Lan� Reiter Adopted by Council: Date Adoption Certified by Council E3� Approved by Mayor: Date � Requested by Department of: B � . l . Approved by Mayor for Submission to Council By: t%�'� . � Form Approved by City Attorney _.. . .. .. . Y Division of Code Enforcement 266-8439 November 7, 2001 - TOTAL # OF SIGNATURE o � -i�ql' GREEN $HEET No 1 Q2356 wn 7?S! orv.nmF. ❑ orcmac _ ❑�.�o.. ❑:«���a � N110R1�11iOf11111) ❑ (CLIP'ALL LOCA ONS FOR SIGNATUR� City Council to pass this resolution which will order the owner(s) to remove or repair the r e c '� the owner fails to comply with the resolurion, the Citizen Service Office, Division of Code Enforcement is orde to remove the building. The subject proper[y is located at 299 Arlington Avenue East. S�P �� LQ01 CITY A�"TORN � PL4NNING COMAQISSION CIB COMMITfEE CML SERVICE COMMISSION Wliert Wt�ae. ,_ �m�o��„�au�.a�ar«u��r�ir+ YES NO 2. Fies ihic G� ever 6cen a dlY anDbYee� YES NO 3. Daes tliie P��rm P� a sldll iat rionnalNP� M anY darmt cAY emPbYee? YES NO . 4. IsMispe�SaJfumafer9�edvenEOY7 . , YES NO Em�ain ae ves srene�s on aeoarate st� and attac� ro areen she� " This building(s) is a nuisance, building(s) as defined in Chapter 45 and a vacant building as,defined in Chapter 43 of ,_ , the Saint Paul Legislative Code. The owners, interested parties and responsible parties laiown to the Enforcement Officer were given an order to repair or remove the building at 299 Arlington Avenue East by October 2, 2001, and have failed fo comply witti those orders. �,y.��s:r.��.� The City will eliminate a nuisance. y 7SADVAMAGES IFAPPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collecfed as a special assessment agaixist the property t�es. 9SADVANTAGE3IFNOTAPPROVFD � - ' , .. A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. cosTmEVwue euooErm [anc� oa� �irES � No ► .� - .� �• :�. -u iNFOrsnanor+�owwr� �crnmrNUw�Ete 33261 �� �'$�atC�! �EPf�°�f � 07/21/Ol t REPORT Date: October 16, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Appeal of stunmary abatement order for 697 Surrev Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) Legislative Hearing Officer recommends denying the appeal. o�-��qr 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) . Legislafive Hearing Officer recommends granting the owner six months to complete the rehabilitation of the property on condition that a$2,000 bond is posted by noon of October 24, 2001. 3. 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. Legislative Hearing Officer recommends approval of the resolution. � 4. Resolution ordering the owner to remove or repair the property at 299 Arlington Avenue East. If the owner fails to comply, Code Enfarcement is ordered to remove the building. Legislative Hearing Officer recommends withdrawing the resolurion. 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) Legislarive Hearing Officer recommends approval of the resolution. E�ul MINUTES OF THE LEGISLATIVE HEARING a,_, Tuesday, October 16, 2001 Room 330 City Hall Gerry Strathman, Legislarive Hearin� Officer STAFF PRESENT: Steve Magner, Code Enforcement; Mike Morehead, Code Enforcement The meeting was called to order at 10:00 am. Appeal of summary abatement order for 697 Surrey Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) Gerry Strathxnan stated this is an appeal of an order issued to Shazon Anderson in September. The order was to remove unproperly stored refuse, cut and remove ta11 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 City got the list of items on the suimnary abatement order. Mr. Strathman asked aze there tall weeds and grass. Mr. Dahn responded no. If there aze, 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 aze the complaining parties. Under state law, responded Mr. Strathxnan, the City is prohibited from disclosing the complainants. Mr. Strathxnan stated he needs some evidence that the order is unproper, 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 are being harassed and harassment is a bigger charge than tall weeds. Mr. Strathman asked aze there any photographs showing the properiy. 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. Strathman, he would need some evidence to show the properiy is cleaned up, and he does not have that. Mr. Dahn responded that Mr. Strathman also does not have 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 property. If they look at the property and find there is no reason for this order, then they will withdraw the order and the matter will be closed. This matter will go before the City Council. Mr. Dahn responded Ms. Anderson wants it to go before the City Council. a � -i���' LEGISLATIVE HEARING MINi.JT'ES OF OCTOBER 16, 2001 Page 2 Resolution ordering the owner to remove or repair the property at 393 Sidney 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 ciosing haue not occurred. They may be trying to have these things done by the City Council meeting on October 24. Gerry Strathman 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.) Steve Magner stated this properiy has been vacant since December 5, 2000. The current owner is Vicki Adams, also known as Vicki Knight. Six summary 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 condition which comprises a nuisance as defined by the legislative code. The vacant building fees are due. Real estate taxes aze paid. Tazation has estimated the market value of the land as $12,200; estimated market value of the building priar to the fire, $47,900. A code compliance inspection nor bond have been applied for. Demolifion is between $7,000 and $8,000. The owner has contacted Code Enforcement. Her last call to the area inspector was that she was not going to fight the demolition of the building. Gerry Strathman recommends approved the resolufion based on Mr. Magner's testimony and the fact that the owner is not here to represent the property. � Resolution ordering the owner to remove or repair the property at 299 Ariington Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. The following appeared: Marjorie Frahs (owner Richard Spreigl's niece) and Reneya Mayberry (Ms. Frahs' niece and Mr. Spreigl's great niece). Mike Morehead reported this property has a long history. Many years ago when Highway 35 was run through, this family was relocated by the state. The City granted the new location a nonconforming use status. This property was used as a landscaping business. The business went o � _�►qr LEGISLATIVE HEARING MINi.JTES OF OCTOBER 16, 2001 Page 3 defunct a few yeazs ago. Landscaping equipment items were left to accumulate on the property so long that trees were growing through the tires. A number of buildings on the properiy fell down from lack of maintenance. It was determined that the property was not used for commercial purposes; therefore, it reverted to residential zoning status. At that point, all the miscellaneous materials on the properiy were no longer fit for residential applications. Last year, stated Mr. Marehead, Code Enforcement started dealing with the Spreigl family. The principle owner Richazd is elderly and has not been able to accomplish the cleanup. Code Enforcement issued orders and gave the owners a deadline to get the properiy cleaned up. The owners were not able to get rid of the big equipment. The City brought in a large abatement crew. They were limited to $3,000, which is the sutxunary 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 unfil 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 stuff removed, it is possible the faxnily 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 properiy. Steve Magner responded there were two or tluee accessory structures, numerous vehicles, metal machinery, and other related items that were there. Mr. Marehead stated the buildings are gone, but the remnants and tlungs underneath the building are still sticking up. Mr. Strathxnan asked what Code Enforcement is seeking today. Mr. Morehead responded before he can do a substantial abatement, owners of the properiy are to appear before Mr. Strathman. Code Enforcement wants Mr. Strathman to determine that the need to finish up this abatement is proper. Mr. Marehead 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 hears 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 finish the job so the file can be closed. Mr. Strathxnan stated the paperwork before him is for removal of buildings that have already been removed. Regardless of the paperwork, what is being discussed here is an order to conduct a substantial abatement at this properiy if the owners do not clean up the properry by a specified date. When they originally looked at this property, 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 standard suminary abatement. What is primarily left is to clean up the site, grade it, seed it, and LEGISLATIVE HEARING MINUTES OF OCTOBER 16, 2001 01 -l1gY 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 City Council to do a substantial abatement at this properry 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 wili let them finish it. Ms. Frahs stated they took photographs. There is some brush that has to be cleazed behind the house. There is a little patch in the middle of the properiy. 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 sficking 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 taxes. There can be another hearing when the family gets the assessment or TaYation can be called and asked to space it out. All tases and assessments haue to be paid before a properry is sold. Gerry Strathman recommends withdrawing the resolution before him today and approval of the authority to conduct a substantial abatement at this property if necessary. The City Council will need the proper paperwork 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 property was condexnned in May 2000. It has been vacant since August 21, 2000. The current owners aze Michael and Becky Ramstad. There have been two sununary abatement notices far removing refuse. On March 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 March 19, 2001, with a compliance date of April 18. As of ttus date, this properry remains in a condition which comprises a nuisance as defined by the legislative code. TaYation has placed an o�-���r LEGISLATIVE HEARING MINUTES 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 Apri113, 2001, the $2,000 bond was posted. Mr. Magner stated he contacted Don Wagner (License, Inspection, Environmental Protection), who indicated an inspector was sent to the properiy yesterday and there was not enough work completed. Also, a plumbing and heating permit 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. Strathman stated he received a phone call this morning from apparently 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 are hying 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. � CITIZEN SERVICE OFFICE Fsed Owurq City Cluk CITY OF SAINT PAUL Nnrm Coleman. Mayor 5eptember 21, 2001 o � -���r R�AiL��� NOTICE OF PUBLIC HEARII\ �� Zu�1 CITY A�TORNEY Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) vehicles, tall grass and weeds, property clean up and any other nuisance conditions located at: A 299 Arlington Avenue East The City Council has scheduled the date of these hearings as follows: Legisiative Hearing - Tuesday, October 16, 2001 City Council Hearing - Wednesilay, November 7, 2001 The owners and responsible parties of record are: Name and Last Known Address Richard R. Spreigl 299 Arlington Avenue East St. Paul, MN 55101 Vera Horrigan 321 Arlington Avenue East St. Paul, MN 55101 Robert A. Spreigl 333 Arlington Avenue East St. Paul, MN 55101 The legal description of this property is: DMSION OF PROPERTY CODE ENFORC&�IENT Michael R Morehead, Program btanages Nu'uance Building Code Enforcemertt IS W. KelloggB[vd. Rm 190 Tel: 657'-268-8440 Sain[Pau1,NIN55702 Fax:651-266-8426 Interest Tenant in Common Tenant in Common Tenant in Common Lots 20, 21, 22, and 23, Block 21, Dawson's Lake Como & Phalen Avenue Addition to the City of St. Paul, Ramsey Co., Minnesota. o� -�t�tY 299 Arlington Avenue East September 21, 2001 Paae 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eluninate this nuisance condifion by conectin� the deficiencies or by razing and removing this building(s) ,vehicles, tall grass and weeds, property clean up and any other nuisance conditions. 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 Diqision 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 incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �teve �a�n.er ' Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Desia Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph ,""', � "°� � A ¢ ,�, � s i � � '. � ? � i . � _ .��. � CI OF SAINT PAUL, f RESOLUTION Presented By Referred To o� a�' Council File # Green Sheet �f�a.3S� �� nmittee: Date 1 WHEREAS, Citizen Service Office, Division of Code E rcement has requested the City Council 2 to hold public hearings to consider the advisability and necessi of ordering the repair or wrecking and 3 removal ofbuilding(s), sheds, barns, storage structures and all ehicles, trucks, tractars, debris, rubble and 4 tall grass and weeds located on property hereinafter referre o as the "Subject Property" and commonly 5 known as 299 Arlington Avenue East. This property is le ally described as follows, 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 Lots 20, 21, 22, and 23, Block 21, Dawson's L e Como & Phalen Avenue Addirion to the City of St. Paul, Ramsey Co., Minnesota. WHEREAS, based upon the records in Ramsey County Recorder's Office and informarion obtained by Division of Code Enforcement on r before June 29, 2001, the following are the now known interested or responsible parties for the Subje t Property: Richard R. Spreigl, 299 Arlington Avenue East, St. Paul, MN 55101; Vera Horrigan, 321 lington Avenue East, St. Paul, MN 55101; Robert H. Spreigl, 333 Arlington Avenue East, St. P ul, MN 55101 WHBREAS, Division of ( Chapter 45 of the Saint Paul Legi Building(s)" dated September 10, �nforcement has served in accordance with the provisions of ✓e Code an order identified as an"Order to Abate Nuisance i; and WHEREAS, this order i formed the then lmown interested or responsible parties that the structure located on the Subj ect Prope is a nuisance building(s) pursuant to Chapter 45; and WFIEREAS, this demolish the structure WHEREAS, build'mg(s) to consti informed the interested or responsible parties that they must repair or on the Subject Properry by October 2, 2001; and enfarcement officer has posted a placard on the Subject Property declaring this a nuisance condirion; subject to demolition; and WHERE , this nuisance condition has not been corrected and Division of Code Enforcement requested that City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and e 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 . ��.�-r"'� �` � � w MINNESOTA 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City ��"�� 2 Council on Tuesday, October 16, 2001 to hear testimony and evidence, and after receiving testimony and 3 evidence, made the recommendation to approve the request to order the interested or responsible partie to 4 make the Subject Property safe and not detrimental to the public peace, health, safety and welfare 5 remove its blighting influence on the community by rehabilitating this struchxre in accordance � all 6 applicable codes and ordinances, or in the alternative by demolishing and removing the struc e in 7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of structure to be 8 completed within five (5) days after the date of the Council Hearing; and 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 SQ 51 52 53 WHEREAS, a hearing was held before the Saint Paul City Council on 2001 and the testimony and evidence including the action taken by the Legisl� considered by the Council; now therefore � �esday, November 7, Hearing Officer was BE IT RESOLVED, that based upon the testimony and evidence esented at the above referenced public hearings, the Saint Paul City Council hereby adopts the follow� Findings and Order conceming the Subject Property at 299 Arlington Avenue East: 1. That the Subject Property comprises a nuisance c dition as defined 'an Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of �s building(s) is estimated to exceed three thousand dollazs ($3,000.00). 3. That there now exists and has existed Subject Property. 4. 'That an Order to Abate to correct the deficiencies or to 6. That Division of Code E forcement has posted a placard on the Subject Property which declares it to be a nuis ce condition subject to demolition. 7. That this building h been routinely monitored by the Citizen Service Offices, Division of That the deficiencies causin�this nuisance condition have not been corrected. Code That the that the : The Saint Paui •�� � 2. Housing or Building code violations at the g(s) was sent to the then known responsible parties and remove the building(s). Buildings. xested parties and owners are as previously stated in this resolution and requirements of Chapter 45 have been fulfilled. Council hereby makes the following order: The above r erenced interested or responsible parties shali make the Subject Properiy safe and not detriment o the public peace, health, safety and welfare and remove its blighting influence on the communi by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenc d Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordin ces, or in the alternarive by demolishing and removing the smxcture in accordance with all appl' able codes and ordinances. The rehabilitation or demolition and removal of the structure m t be completed within five (5) days after the date of the Council Hearing. If the above corrective action is not completed within this period of time the Citizen Service Office, =�rr 1 Division of Code Enforcement is hereby authorized to take whatever steps are 2 demolish and remove this structure, fill the site and charge the costs incurred a 3 Properiy pursuant to the provisions of Chapter 45 of the Saint Paul Legislative 4 5 7 10 11 �[y to the Subject 3. In the event the building is to be demolished and removed by the City of S t Paul, all personal proper[y or fiactures of any kind which interfere with the demolirion and moval shall be removed from the property by the responsible parties by the end of this time pe �od. If all personal property is not removed, it shall be considered to be abandoned and the City f Saint Paul shall remove and dispose of such properry as provided by law. 4. It is fiuther ordered, that a copy of this resolution be mailed t the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative C de. Benanav B a� Bostrom o e� Harris Lan� Reiter Adopted by Council: Date Adoption Certified by Council E3� Approved by Mayor: Date � Requested by Department of: B � . l . Approved by Mayor for Submission to Council By: t%�'� . � Form Approved by City Attorney _.. . .. .. . Y Division of Code Enforcement 266-8439 November 7, 2001 - TOTAL # OF SIGNATURE o � -i�ql' GREEN $HEET No 1 Q2356 wn 7?S! orv.nmF. ❑ orcmac _ ❑�.�o.. ❑:«���a � N110R1�11iOf11111) ❑ (CLIP'ALL LOCA ONS FOR SIGNATUR� City Council to pass this resolution which will order the owner(s) to remove or repair the r e c '� the owner fails to comply with the resolurion, the Citizen Service Office, Division of Code Enforcement is orde to remove the building. The subject proper[y is located at 299 Arlington Avenue East. S�P �� LQ01 CITY A�"TORN � PL4NNING COMAQISSION CIB COMMITfEE CML SERVICE COMMISSION Wliert Wt�ae. ,_ �m�o��„�au�.a�ar«u��r�ir+ YES NO 2. Fies ihic G� ever 6cen a dlY anDbYee� YES NO 3. Daes tliie P��rm P� a sldll iat rionnalNP� M anY darmt cAY emPbYee? YES NO . 4. IsMispe�SaJfumafer9�edvenEOY7 . , YES NO Em�ain ae ves srene�s on aeoarate st� and attac� ro areen she� " This building(s) is a nuisance, building(s) as defined in Chapter 45 and a vacant building as,defined in Chapter 43 of ,_ , the Saint Paul Legislative Code. The owners, interested parties and responsible parties laiown to the Enforcement Officer were given an order to repair or remove the building at 299 Arlington Avenue East by October 2, 2001, and have failed fo comply witti those orders. �,y.��s:r.��.� The City will eliminate a nuisance. y 7SADVAMAGES IFAPPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collecfed as a special assessment agaixist the property t�es. 9SADVANTAGE3IFNOTAPPROVFD � - ' , .. A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. cosTmEVwue euooErm [anc� oa� �irES � No ► .� - .� �• :�. -u iNFOrsnanor+�owwr� �crnmrNUw�Ete 33261 �� �'$�atC�! �EPf�°�f � 07/21/Ol t REPORT Date: October 16, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Appeal of stunmary abatement order for 697 Surrev Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) Legislative Hearing Officer recommends denying the appeal. o�-��qr 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) . Legislafive Hearing Officer recommends granting the owner six months to complete the rehabilitation of the property on condition that a$2,000 bond is posted by noon of October 24, 2001. 3. 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. Legislative Hearing Officer recommends approval of the resolution. � 4. Resolution ordering the owner to remove or repair the property at 299 Arlington Avenue East. If the owner fails to comply, Code Enfarcement is ordered to remove the building. Legislative Hearing Officer recommends withdrawing the resolurion. 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) Legislarive Hearing Officer recommends approval of the resolution. E�ul MINUTES OF THE LEGISLATIVE HEARING a,_, Tuesday, October 16, 2001 Room 330 City Hall Gerry Strathman, Legislarive Hearin� Officer STAFF PRESENT: Steve Magner, Code Enforcement; Mike Morehead, Code Enforcement The meeting was called to order at 10:00 am. Appeal of summary abatement order for 697 Surrey Avenue. (City Council referred this matter back to the Legislative Hearing Officer.) Gerry Strathxnan stated this is an appeal of an order issued to Shazon Anderson in September. The order was to remove unproperly stored refuse, cut and remove ta11 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 City got the list of items on the suimnary abatement order. Mr. Strathman asked aze there tall weeds and grass. Mr. Dahn responded no. If there aze, 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 aze the complaining parties. Under state law, responded Mr. Strathxnan, the City is prohibited from disclosing the complainants. Mr. Strathxnan stated he needs some evidence that the order is unproper, 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 are being harassed and harassment is a bigger charge than tall weeds. Mr. Strathman asked aze there any photographs showing the properiy. 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. Strathman, he would need some evidence to show the properiy is cleaned up, and he does not have that. Mr. Dahn responded that Mr. Strathman also does not have 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 property. If they look at the property and find there is no reason for this order, then they will withdraw the order and the matter will be closed. This matter will go before the City Council. Mr. Dahn responded Ms. Anderson wants it to go before the City Council. a � -i���' LEGISLATIVE HEARING MINi.JT'ES OF OCTOBER 16, 2001 Page 2 Resolution ordering the owner to remove or repair the property at 393 Sidney 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 ciosing haue not occurred. They may be trying to have these things done by the City Council meeting on October 24. Gerry Strathman 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.) Steve Magner stated this properiy has been vacant since December 5, 2000. The current owner is Vicki Adams, also known as Vicki Knight. Six summary 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 condition which comprises a nuisance as defined by the legislative code. The vacant building fees are due. Real estate taxes aze paid. Tazation has estimated the market value of the land as $12,200; estimated market value of the building priar to the fire, $47,900. A code compliance inspection nor bond have been applied for. Demolifion is between $7,000 and $8,000. The owner has contacted Code Enforcement. Her last call to the area inspector was that she was not going to fight the demolition of the building. Gerry Strathman recommends approved the resolufion based on Mr. Magner's testimony and the fact that the owner is not here to represent the property. � Resolution ordering the owner to remove or repair the property at 299 Ariington Avenue East. If the owner fails to comply, Code Enforcement is ordered to remove the building. The following appeared: Marjorie Frahs (owner Richard Spreigl's niece) and Reneya Mayberry (Ms. Frahs' niece and Mr. Spreigl's great niece). Mike Morehead reported this property has a long history. Many years ago when Highway 35 was run through, this family was relocated by the state. The City granted the new location a nonconforming use status. This property was used as a landscaping business. The business went o � _�►qr LEGISLATIVE HEARING MINi.JTES OF OCTOBER 16, 2001 Page 3 defunct a few yeazs ago. Landscaping equipment items were left to accumulate on the property so long that trees were growing through the tires. A number of buildings on the properiy fell down from lack of maintenance. It was determined that the property was not used for commercial purposes; therefore, it reverted to residential zoning status. At that point, all the miscellaneous materials on the properiy were no longer fit for residential applications. Last year, stated Mr. Marehead, Code Enforcement started dealing with the Spreigl family. The principle owner Richazd is elderly and has not been able to accomplish the cleanup. Code Enforcement issued orders and gave the owners a deadline to get the properiy cleaned up. The owners were not able to get rid of the big equipment. The City brought in a large abatement crew. They were limited to $3,000, which is the sutxunary 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 unfil 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 stuff removed, it is possible the faxnily 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 properiy. Steve Magner responded there were two or tluee accessory structures, numerous vehicles, metal machinery, and other related items that were there. Mr. Marehead stated the buildings are gone, but the remnants and tlungs underneath the building are still sticking up. Mr. Strathxnan asked what Code Enforcement is seeking today. Mr. Morehead responded before he can do a substantial abatement, owners of the properiy are to appear before Mr. Strathman. Code Enforcement wants Mr. Strathman to determine that the need to finish up this abatement is proper. Mr. Marehead 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 hears 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 finish the job so the file can be closed. Mr. Strathxnan stated the paperwork before him is for removal of buildings that have already been removed. Regardless of the paperwork, what is being discussed here is an order to conduct a substantial abatement at this properiy if the owners do not clean up the properry by a specified date. When they originally looked at this property, 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 standard suminary abatement. What is primarily left is to clean up the site, grade it, seed it, and LEGISLATIVE HEARING MINUTES OF OCTOBER 16, 2001 01 -l1gY 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 City Council to do a substantial abatement at this properry 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 wili let them finish it. Ms. Frahs stated they took photographs. There is some brush that has to be cleazed behind the house. There is a little patch in the middle of the properiy. 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 sficking 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 taxes. There can be another hearing when the family gets the assessment or TaYation can be called and asked to space it out. All tases and assessments haue to be paid before a properry is sold. Gerry Strathman recommends withdrawing the resolution before him today and approval of the authority to conduct a substantial abatement at this property if necessary. The City Council will need the proper paperwork 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 property was condexnned in May 2000. It has been vacant since August 21, 2000. The current owners aze Michael and Becky Ramstad. There have been two sununary abatement notices far removing refuse. On March 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 March 19, 2001, with a compliance date of April 18. As of ttus date, this properry remains in a condition which comprises a nuisance as defined by the legislative code. TaYation has placed an o�-���r LEGISLATIVE HEARING MINUTES 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 Apri113, 2001, the $2,000 bond was posted. Mr. Magner stated he contacted Don Wagner (License, Inspection, Environmental Protection), who indicated an inspector was sent to the properiy yesterday and there was not enough work completed. Also, a plumbing and heating permit 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. Strathman stated he received a phone call this morning from apparently 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 are hying 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. � CITIZEN SERVICE OFFICE Fsed Owurq City Cluk CITY OF SAINT PAUL Nnrm Coleman. Mayor 5eptember 21, 2001 o � -���r R�AiL��� NOTICE OF PUBLIC HEARII\ �� Zu�1 CITY A�TORNEY Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) vehicles, tall grass and weeds, property clean up and any other nuisance conditions located at: A 299 Arlington Avenue East The City Council has scheduled the date of these hearings as follows: Legisiative Hearing - Tuesday, October 16, 2001 City Council Hearing - Wednesilay, November 7, 2001 The owners and responsible parties of record are: Name and Last Known Address Richard R. Spreigl 299 Arlington Avenue East St. Paul, MN 55101 Vera Horrigan 321 Arlington Avenue East St. Paul, MN 55101 Robert A. Spreigl 333 Arlington Avenue East St. Paul, MN 55101 The legal description of this property is: DMSION OF PROPERTY CODE ENFORC&�IENT Michael R Morehead, Program btanages Nu'uance Building Code Enforcemertt IS W. KelloggB[vd. Rm 190 Tel: 657'-268-8440 Sain[Pau1,NIN55702 Fax:651-266-8426 Interest Tenant in Common Tenant in Common Tenant in Common Lots 20, 21, 22, and 23, Block 21, Dawson's Lake Como & Phalen Avenue Addition to the City of St. Paul, Ramsey Co., Minnesota. o� -�t�tY 299 Arlington Avenue East September 21, 2001 Paae 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eluninate this nuisance condifion by conectin� the deficiencies or by razing and removing this building(s) ,vehicles, tall grass and weeds, property clean up and any other nuisance conditions. 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 Diqision 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 incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �teve �a�n.er ' Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Desia Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph