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01-1245� � ` � � f�t § l ` � � { E � �i Council File # O \ - l��lS Green Sheet # ��Z.3�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA �{0 Refened To Presented By 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, single family dweiling located on property hereinafter referred to as 4 the "Subject Property" and commonly known as 1619 Seventh Street East. This property is legally 5 described as follows, to wit: Lots 7 and 8, Block 2, Cedar Park, St. Paul. 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 �VHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enfarcement on or before Jwie 12, 2001, the following are the now Irnown interested or responsible parties far the Subject: Richard Glaser, c/o Don Ponatti, 977 Greenbrier Street, St. Paul, MN 55106; Centex Home Equity Corp., P.O. Box 199000, Dallas, TX 75219, Loan #241704750; John K. Bouqet & Gretchen S. Schellhas, Thomsen & Nybeck, P.A., 3300 Edinborough Way, Ste. 600, Edina, MN 55435, Attn: Joyce Ray; Checkrite, c/o Rosso & Seierstand P.A., 1600 Wynne Avenue, St. Paul, MN 55108; ABC Collections, c/o Rosso & Seierstand P.A., 1600 Wynne Avenue, St. Paul, MN 55108; Wells Fargo Bank MN, NA, 255 Second Avenue South, Mpls., MN 55401, Atm: Trustee for Centex Home Equity Loan Trust 1993-3 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 September 10, 2001; and WHEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and VJHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by September 25, 2001; and WHEREAS, the enforcement officer has posted a placasd on the Subject Properiy 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 � t �I �.`�S 1 WHEREAS, the anterested and responsible parties have been served notice in accardance with the 2 provisions of Chapter 45 of the Saint Paul Legislative Code, of the tune, date, place and purpose of the 3 public hearings; and 4 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 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 WHEREA5, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, November 6, 2001 to heaz testnnony and evidence, and after receiving testimony and evidence, made the recoxnmendation to approve the request to order the interested or responsible parties to 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 in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation ar demolition of the structure to be completed within five (5) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 28, 2001 and the testimony and evidence inciuding 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 concerning the Subject Property at 1619 Seventh Street East: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That tl�is building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above 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 conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with ail applicable codes and ardinances, or in the alternafive by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within five (5) days after the date of the Council Hearing. ot�la�5 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective acrion is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps aze necessary to demolish and remove this shucture, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixhues of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of tlus time period. If all personal property is not removed, it shail be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislafive Code. Adopted by Council: Date p` Adoption Certified by Council Secretary Requested by Department of: CitiZen Service Office; Code Enforcement By: '�v-�✓� Y " ��-p l�`'B"'-., Y��w Form Appzoved by City Attorney B l./�/�' .i � $y' � '� _\� . � � in.`it1 y: . Approved by or: Date pp, Approved by Mayor for Submission to Council B Y� � � G��aG� �i�// By: �„��,��,�� ' Division of Code Enforcement ' CONiACT PERSON & PHONE Michael R. Morehead 266-8439 ��,� 10/12/Ol �� o{-t�� ,0�o2�5a �� , November 28, 2001 �� TOTAL � OF SiGNATIlRE PAGES � °n,n�, � ❑ �� _ ❑�� ❑..��.a.a �wvo�i�+�srWn1 ❑ (CLlP ALL LOCATtONS FOR S{G4SATURE) City Council to pass tkris resolution which will order the owner(s) to remove or repair the re£erenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 1619 Seventh Street East. PLANNING COMMISSION CIB COMMIT7'EE CNIL SERVICE COMMISSION Ffas'lhis P�� eaerworked wMer a caNactiorthre tlepe�4nen17 YES NO Fles ihis peisoMrm e�sr 6een a ay empbyce? YES NO Doe6 this OeisaKirm Wseesc a skM not nomallYP�� bY anY curterit aZY emWoYee? YES � Is f1iB P� aiarpMed vendoY! YES NO '.. This building(s) is a nuisance buildina(s) as defined in Chapter 45 and a,vacant building as defined in Chapter 43 of ' the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement ,, Officer were given an order to repair or remove the building at 1619 Seventh Street East by September 25, 2001, and have failed to compiy with those orders. _ _ Counci( �es�arc� ��fi�� The City will eliminate a nuisance. �� 3 Q 20�� . - �CT P �.Li�a� � The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properry, collected as a snecial assessment asainst the ur4pertv taxes. A nuisance condition will remain unabated in the City. This building(s) wili continue to blight the community. ORTRANSACTIONf �1J�VVV-�11J�VVV ► .t - i�SST3R•3�\�. -u-� GOS7/REVQlUE BUD6ETED (dRCLE ONt� ACTNiT/NUMBER NO ✓ REPORT Date: November 6, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the properiy at 705 Suns Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. o ►.i�.�t� Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation of this property on condition that the vacant building fee is paid by noon of November 28, 2001. 2. Resolution ordering the owner to remove or repair the property at 531 Ohio Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 10-2-01) Legislative Hearing Officer recommends approval. �r Resolution ordering the owner to remove or repair the properry at 847 Lexin�ton Parkway South. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 9-4-01) Legislative Hearing Officer recommends approval. 4. Resolution ordering the owner to remove ar repair the properiy at 1619 Seventh Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Heariug Officer recommends appmval. 5. Appeal of summary abateYnent ordex for 1539 Blair Avenue. (Case closed.) 6. Appeal of snmmary abatement order and vehicle abatement order for 1323 Bush Avenue Legislative Hearing Officer recommends denying the appeaL 7. Appeai of summary abatement order anci vehicle abatement order for 1327 Bush Avenue Legislative Hearing Officer recommends denying the appeal. � CIT7ZEN SERVICE OFFICE Fred Ownsu, Ciry Clerk CITY OF SAINT PAUL Norm Caleman, Mayor October 12, 2001 DNISION OF PROPERTY CODE ENFORCEMENT Michael R Morehead, P�ogram Manager Nuisance Bui[ding Cade �njarcement ISW.Ke[loggBlvd.Rm.190 Te[: 651-266-8440 SaintPaui,MN551Q2 F¢s:651-266-8426 0 I,1��15 ,:. v � .� ,.r " i�ii+: a i� � NOTICE OF PUBLIC HEARINGS 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) located at: 1619 Seventh Street East T1ie City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, November 6, 2001 City Council Hearing - Wednesday, November 28, 2001 The owners and responsible parties of record are: Name and Last Known Address Richard Glaser clo Don Ponatti 977 Greenbrier Street St. Paul, MN 55106 Interest Fee Owner Centex Home Equity Corp. P.O. Box 199000 Dallas, TX 75219 Loan #241704750 3ohn K. Bouqet & Gretchen S. Schellhas, Thomsen & Nybeck, P.A. 3300 Edinborough Way, Ste. 600 Bdina, MN 55435 Attn: 7oyce Ray Mortgagee Aftorney for Mortgagee � 1619 Seventh Street East October 12, 2001 Page 2 Name and Last Known Address Checla�ite c/o Rosso & Seierstand P.A. 1600 Wynne Avenue St. Paul, MN 55108 ABC Collections c/o Rosso & Seierstand P.A. 1600 Wynne Avenue St. Paul, MN 55108 Wells Fargo Bank MN, NA 255 Second Avenue South Mpis., MN 55401 Attn: Trustee for Centex Home Equity Loan Trust 1993-3 The legal description of this property as: Lots 7 and 8, Block 2, Cedaz Park, St. Paul. Interest D t -1�"�S 7udgment Creditor 7udgment Creditor Trustee for Centex 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 lrnown responsible parties to eliminate this nuisance condition by conecting 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, authori2e 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 tases. Sincerely, �teve �a�rter Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Fzank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council I.aurie Kaplan, PED-Housing Division O�\'2.,�5 "1G . NIINiJTES OF TFIE LEGISLATIVE HEARING Tuesday, November 6, 20Q1 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 10:10 a.m. STAFF PRESENT: Steve Magner, Code Enforcement Resolntion ordering the owner to remove or repair the property at 705 Sims Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) Mike Haus, 2357 Rogers, Mendota Heights, appeazed and stated he does not own the property now. He purchased the property in 1994 and sold it on a contract for deed. It was owner occupied. The new owner was given $2,000 to do gazage work at the time. They did not do the work, they stopped making payxnent, and stopped doing repairs on the home. Mr. Haus became the owner again after four nonpayments. He obtained a list for the repair work to be done, and paid the $2,000 bond to ensure the work would be done. The new buyer is purchasing the properry on a contract for deed; he should be at this meeting shortly. Mr. Haus is funding 100% of whatever he neec�s to do to bring it up to code. The work has already been started, siding has already been removed, and other siding has been purchased. Gerry Strathu�an asked axe they intending to rehabilitate this properiy and post the bond. Mr. Haus responded the bond has been posted, and a permit has been taken out with the City. The work has been started. This has ali been done within 30 days of gaining back ownership of the property. Steve Magner reported that Code Enforcement condemned the property October 9, 2000. At that time, Sherri Beth Forrest was the occupaat and was purchasing it on a contract for deed. Since that time, Code Enforcement has performed about 100 inspections, including night inspections. They have issued numerous citations for illegal occupancy. Op about three occasions, Ihe Police Department has removed people from the house. Code Enforcement has spent thousands of dollars of sununazy abatement money in boazding up the properry, cleaning the yazd, removing junk vehicles, etc. The properry is no longer in the ForresYs hands, and the properry has gone back to the contract holder. There is a new contract with a second parry. Mr. Magner would like the City to be assured that the rehabilitauon would occur in a timely manner and the contract purchaser follows all the guidelines. The vacant building fee needs to be paid. Gerry Strathman asked about the other parties on the notice of public hearing: Jason Max Clazk, Eric Scott Peterson, Randi Rae-Ann Linderman. Mr. Magner responded those are parties that were removed for unlawful occupancy of the dwelling and issued citations. They aze associates or blood relatives of Ms. Forrest. Warren Abel, 701 Sims Avenue, appeared and stated this properiy has been a problem for a number of years for debris in the yard, cars left on the street, people coming and going, and OE-\24 S LEGISLAT'IVE HEARING MINUTES OF NOVEMBER 6, 2001 Page 2 possible illegal activities. When it became vacant about seven yeazs ago, Mr. Abel was on the boazd of ESNDC (East Side Neighborhood Development Company), which looked at the properry for rehabilitation. There were structural problems with the property. They were unable to come to an agreement with the heirs about the price. It went out onto the common market for sale, and the structurai problems were covered over. Mr. Abel would be concerned that the work presendy being done would continue to leave the problems covered over. The asbestos siding was removed over the weekend. Mr. Abel was told on Friday, that the owner was not going to get a state pemut to remove the asbestos because he and his friends were going to do it. Last night, they were at the house until 10:45 hammering and n,nn;ng saws. Mr. Abel would like to see the property returned to a state in wluch they will not cause a problem. Several million dollazs have been put into this neighborhood. He would like to see this properiy raised to that level. Mr. Magnez stated he had a frank conversation with the new contract purchaser, who is supposedly coming today. He explained the work would have to be done to code by a licensed person. Also, he explained the property cannot be legally occupied until Don Wagner (License, Inspections, Environmental Protection) or one of his designees issues a code compliance certificate. He indicated he wanted to have people in the property guazding it and warking at the property all day and night. The City's main concern is that the dweliing is rehabilitated in a timely fashion. Gerry Strathman recommends the owner be granted six months to rehabilitate this building on the condition that the vacant building fee is paid by noon of November 28, 2001. Don Wagner said he will accept the current code inspection, stated Mr. Magner. Resolution ordering the owner to remove or repair the property at 531 Ohio Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 10-2-01) (Steve Magner submitted photographs.) (No one appeazed to represent the property.) Gerry Strathman stated this property was in the process of going tax forfeit. Steve Magner responded the properiy did go t� forfeit after Code EnforcemenYs original notice was sent. There were a number of parties that have to be notified for this process; Code Enforcement has now done the proper notification, and they are prepared to move forwazd on this matter today. Mr. Magner reported this was formerly a Laundromat. It has been vacant since October 16, 1998. The current owner is State of Minnesota Trust Exempt. There have been nine summary abatement notices issued to remove refuse, cut tall grass, secure property, and abatement vehicles. On 7uly 11, 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 July 23, 2001, with a compliance date of August 22, 2001. As of this date, the property remains in a condition which comprises a nuisance as defined o��2�s LEGISLATIVE HEARING MINIJTES OF NOVEMBER 6, 2001 Page 3 by the legislative code. The vacant building fees are due. Taxation has placed an estimated market value of $11,300 on the land and $72,300 on the building. As of today, no one has applied for the code compliance inspection and a bond has not been posted. The estimated cost to repair is $100,000; estimated cost to demolish, $13,000 to $14,000. Because iY was used as a Laundromat and dry cleaning facility, stated Mr. Magner, there may be possible contaminants on the site. Cvde Enforcement would not remove any of those contaminants; they would leave that up to the State. Ramsey County does not have immediate plans to sell this property and they have no plans to stop the resolution at this time. Theodore Kvasnik, 2190 Mazshall Avenue, Sew What Corporation, appeared and stated his company does laundry and dry cleaning services. He has not been in the building to examine it for possible purchase. Mr. Strathman responded they need to contact Ramsey County Trust Exempt Property Division. Mr. Kvasnik stated he was not aware that dry cleaning was done in that building. He had done business with them for a number of yeazs. He was aware of the boilers. Mr. Magner responded he and Ramsey County have had no abiliry to contact the previous owner to identify what happened at the site. Based on hearsay evidence, they feel there is pollution on the site. There is already evidence of other pollutants. Also, there was automobile repair in the back of the building. There are auto parts, motors, lazge oil spills, and anrifreeze in the back. Mr. Kvasnik asked about the $100,000 to repair. Mr. Magner responded the roof is bad and the first floor is possibly falling through. Gerry Strathman recommends approval of the resolution. Resolution ordering the owner to remove or repair the property at 847 Lexineton Parkwa,_y South. If the owner fails to compiy, Code Enforcement is ordered to remove the building. (Laid over from 9-4-01) (Steve Magner submitted photographs.) (No one appeared to represent the property.) Steve Magner stated tbe owner asked for a layover to identify his plans. He has purchased the adjoining property and has obtained a wrecking pemut to remove the structure. Code Enforcement will give the owner time to demolish the property, but they recommend approval of the resolution. Gerry Strathman recommends approval of the resolurion. o��z�s LEGISLATIVE HEARING MINUT'ES OF NOVEMBER 6, 2001 Page 4 S� Resolution ordering the owner to remove or repair the property at 1619 Seventh Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) (No one appeared to represent the properry.) Mr. Magner reported this property has been vacant since December 7, 2000. It suffered a severe fire at that time. There have been five summary abatement notices issued to remove refuse, secure front door, cut tall grass, and abate vehicles. On August 30, 2001, an inspection of the building was conducted, a list of deficiencies wluch consfitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on September 10, 2001, with a compliance date of September 25, 2001. 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 paid. The real estate taxes are unpaid of $3,282. Estimated market value is $13,200 on the land; estimated market value of the building prior to the fire, $49,600. As of today a code compliance inspection has not been applied for and a$2,000 bond has not been posted. Estimated cost to repair is $100,000; estimated cost to demolish, $13,000 to $15,000. Gerry Strathman recommends approval. Appeal of summary abatement order for 1539 Blair Avenue. Gerry Strathman stated the garage has been removed per Joe Yamiarelly (Code Enforcement). . (Case closed.) Appeal of summary abatement order and vehicle abatement order for 1323 Bush Avenue. (No one appeared to represent the property.) Gerry Strathxnan zecommends denying the appeal. Appeal of summary abatement order and vehicle abatement order for 1327 Bush Avenue. (No one appeazed to represent the property.) Gerry Strathman recommends denying the appeal. The meeting was adjourned at 1037 a.m. rrn � � ` � � f�t § l ` � � { E � �i Council File # O \ - l��lS Green Sheet # ��Z.3�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA �{0 Refened To Presented By 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, single family dweiling located on property hereinafter referred to as 4 the "Subject Property" and commonly known as 1619 Seventh Street East. This property is legally 5 described as follows, to wit: Lots 7 and 8, Block 2, Cedar Park, St. Paul. 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 �VHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enfarcement on or before Jwie 12, 2001, the following are the now Irnown interested or responsible parties far the Subject: Richard Glaser, c/o Don Ponatti, 977 Greenbrier Street, St. Paul, MN 55106; Centex Home Equity Corp., P.O. Box 199000, Dallas, TX 75219, Loan #241704750; John K. Bouqet & Gretchen S. Schellhas, Thomsen & Nybeck, P.A., 3300 Edinborough Way, Ste. 600, Edina, MN 55435, Attn: Joyce Ray; Checkrite, c/o Rosso & Seierstand P.A., 1600 Wynne Avenue, St. Paul, MN 55108; ABC Collections, c/o Rosso & Seierstand P.A., 1600 Wynne Avenue, St. Paul, MN 55108; Wells Fargo Bank MN, NA, 255 Second Avenue South, Mpls., MN 55401, Atm: Trustee for Centex Home Equity Loan Trust 1993-3 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 September 10, 2001; and WHEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and VJHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by September 25, 2001; and WHEREAS, the enforcement officer has posted a placasd on the Subject Properiy 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 � t �I �.`�S 1 WHEREAS, the anterested and responsible parties have been served notice in accardance with the 2 provisions of Chapter 45 of the Saint Paul Legislative Code, of the tune, date, place and purpose of the 3 public hearings; and 4 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 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 WHEREA5, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, November 6, 2001 to heaz testnnony and evidence, and after receiving testimony and evidence, made the recoxnmendation to approve the request to order the interested or responsible parties to 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 in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation ar demolition of the structure to be completed within five (5) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 28, 2001 and the testimony and evidence inciuding 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 concerning the Subject Property at 1619 Seventh Street East: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That tl�is building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above 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 conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with ail applicable codes and ardinances, or in the alternafive by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within five (5) days after the date of the Council Hearing. ot�la�5 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective acrion is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps aze necessary to demolish and remove this shucture, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixhues of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of tlus time period. If all personal property is not removed, it shail be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislafive Code. Adopted by Council: Date p` Adoption Certified by Council Secretary Requested by Department of: CitiZen Service Office; Code Enforcement By: '�v-�✓� Y " ��-p l�`'B"'-., Y��w Form Appzoved by City Attorney B l./�/�' .i � By' � ""� �\� .��in.`it1 y: . Approved by or: Date pp, Approved by Mayor for Submission to Council B Y� � � G��aG� �i�// By: �„��,��,�� ' Division of Code Enforcement ' CONiACT PERSON & PHONE Michael R. Morehead 266-8439 ��,� 10/12/Ol �� o{-t�� ,0�o2�5a �� , November 28, 2001 �� TOTAL � OF SiGNATIlRE PAGES � °n,n�, � ❑ �� _ ❑�� ❑..��.a.a �wvo�i�+�srWn1 ❑ (CLlP ALL LOCATtONS FOR S{G4SATURE) City Council to pass tkris resolution which will order the owner(s) to remove or repair the re£erenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 1619 Seventh Street East. PLANNING COMMISSION CIB COMMIT7'EE CNIL SERVICE COMMISSION Ffas'lhis P�� eaerworked wMer a caNactiorthre tlepe�4nen17 YES NO Fles ihis peisoMrm e�sr 6een a ay empbyce? YES NO Doe6 this OeisaKirm Wseesc a skM not nomallYP�� bY anY curterit aZY emWoYee? YES � Is f1iB P� aiarpMed vendoY! YES NO '.. This building(s) is a nuisance buildina(s) as defined in Chapter 45 and a,vacant building as defined in Chapter 43 of ' the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement ,, Officer were given an order to repair or remove the building at 1619 Seventh Street East by September 25, 2001, and have failed to compiy with those orders. _ _ Counci( �es�arc� ��fi�� The City will eliminate a nuisance. �� 3 Q 20�� . - �CT P �.Li�a� � The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properry, collected as a snecial assessment asainst the ur4pertv taxes. A nuisance condition will remain unabated in the City. This building(s) wili continue to blight the community. ORTRANSACTIONf �1J�VVV-�11J�VVV ► .t - i�SST3R•3�\�. -u-� GOS7/REVQlUE BUD6ETED (dRCLE ONt� ACTNiT/NUMBER NO ✓ REPORT Date: November 6, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the properiy at 705 Suns Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. o ►.i�.�t� Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation of this property on condition that the vacant building fee is paid by noon of November 28, 2001. 2. Resolution ordering the owner to remove or repair the property at 531 Ohio Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 10-2-01) Legislative Hearing Officer recommends approval. �r Resolution ordering the owner to remove or repair the properry at 847 Lexin�ton Parkway South. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 9-4-01) Legislative Hearing Officer recommends approval. 4. Resolution ordering the owner to remove ar repair the properiy at 1619 Seventh Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Heariug Officer recommends appmval. 5. Appeal of summary abateYnent ordex for 1539 Blair Avenue. (Case closed.) 6. Appeal of snmmary abatement order and vehicle abatement order for 1323 Bush Avenue Legislative Hearing Officer recommends denying the appeaL 7. Appeai of summary abatement order anci vehicle abatement order for 1327 Bush Avenue Legislative Hearing Officer recommends denying the appeal. � CIT7ZEN SERVICE OFFICE Fred Ownsu, Ciry Clerk CITY OF SAINT PAUL Norm Caleman, Mayor October 12, 2001 DNISION OF PROPERTY CODE ENFORCEMENT Michael R Morehead, P�ogram Manager Nuisance Bui[ding Cade �njarcement ISW.Ke[loggBlvd.Rm.190 Te[: 651-266-8440 SaintPaui,MN551Q2 F¢s:651-266-8426 0 I,1��15 ,:. v � .� ,.r " i�ii+: a i� � NOTICE OF PUBLIC HEARINGS 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) located at: 1619 Seventh Street East T1ie City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, November 6, 2001 City Council Hearing - Wednesday, November 28, 2001 The owners and responsible parties of record are: Name and Last Known Address Richard Glaser clo Don Ponatti 977 Greenbrier Street St. Paul, MN 55106 Interest Fee Owner Centex Home Equity Corp. P.O. Box 199000 Dallas, TX 75219 Loan #241704750 3ohn K. Bouqet & Gretchen S. Schellhas, Thomsen & Nybeck, P.A. 3300 Edinborough Way, Ste. 600 Bdina, MN 55435 Attn: 7oyce Ray Mortgagee Aftorney for Mortgagee � 1619 Seventh Street East October 12, 2001 Page 2 Name and Last Known Address Checla�ite c/o Rosso & Seierstand P.A. 1600 Wynne Avenue St. Paul, MN 55108 ABC Collections c/o Rosso & Seierstand P.A. 1600 Wynne Avenue St. Paul, MN 55108 Wells Fargo Bank MN, NA 255 Second Avenue South Mpis., MN 55401 Attn: Trustee for Centex Home Equity Loan Trust 1993-3 The legal description of this property as: Lots 7 and 8, Block 2, Cedaz Park, St. Paul. Interest D t -1�"�S 7udgment Creditor 7udgment Creditor Trustee for Centex 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 lrnown responsible parties to eliminate this nuisance condition by conecting 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, authori2e 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 tases. Sincerely, �teve �a�rter Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Fzank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council I.aurie Kaplan, PED-Housing Division O�\'2.,�5 "1G . NIINiJTES OF TFIE LEGISLATIVE HEARING Tuesday, November 6, 20Q1 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 10:10 a.m. STAFF PRESENT: Steve Magner, Code Enforcement Resolntion ordering the owner to remove or repair the property at 705 Sims Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) Mike Haus, 2357 Rogers, Mendota Heights, appeazed and stated he does not own the property now. He purchased the property in 1994 and sold it on a contract for deed. It was owner occupied. The new owner was given $2,000 to do gazage work at the time. They did not do the work, they stopped making payxnent, and stopped doing repairs on the home. Mr. Haus became the owner again after four nonpayments. He obtained a list for the repair work to be done, and paid the $2,000 bond to ensure the work would be done. The new buyer is purchasing the properry on a contract for deed; he should be at this meeting shortly. Mr. Haus is funding 100% of whatever he neec�s to do to bring it up to code. The work has already been started, siding has already been removed, and other siding has been purchased. Gerry Strathu�an asked axe they intending to rehabilitate this properiy and post the bond. Mr. Haus responded the bond has been posted, and a permit has been taken out with the City. The work has been started. This has ali been done within 30 days of gaining back ownership of the property. Steve Magner reported that Code Enforcement condemned the property October 9, 2000. At that time, Sherri Beth Forrest was the occupaat and was purchasing it on a contract for deed. Since that time, Code Enforcement has performed about 100 inspections, including night inspections. They have issued numerous citations for illegal occupancy. Op about three occasions, Ihe Police Department has removed people from the house. Code Enforcement has spent thousands of dollars of sununazy abatement money in boazding up the properry, cleaning the yazd, removing junk vehicles, etc. The properry is no longer in the ForresYs hands, and the properry has gone back to the contract holder. There is a new contract with a second parry. Mr. Magner would like the City to be assured that the rehabilitauon would occur in a timely manner and the contract purchaser follows all the guidelines. The vacant building fee needs to be paid. Gerry Strathman asked about the other parties on the notice of public hearing: Jason Max Clazk, Eric Scott Peterson, Randi Rae-Ann Linderman. Mr. Magner responded those are parties that were removed for unlawful occupancy of the dwelling and issued citations. They aze associates or blood relatives of Ms. Forrest. Warren Abel, 701 Sims Avenue, appeared and stated this properiy has been a problem for a number of years for debris in the yard, cars left on the street, people coming and going, and OE-\24 S LEGISLAT'IVE HEARING MINUTES OF NOVEMBER 6, 2001 Page 2 possible illegal activities. When it became vacant about seven yeazs ago, Mr. Abel was on the boazd of ESNDC (East Side Neighborhood Development Company), which looked at the properry for rehabilitation. There were structural problems with the property. They were unable to come to an agreement with the heirs about the price. It went out onto the common market for sale, and the structurai problems were covered over. Mr. Abel would be concerned that the work presendy being done would continue to leave the problems covered over. The asbestos siding was removed over the weekend. Mr. Abel was told on Friday, that the owner was not going to get a state pemut to remove the asbestos because he and his friends were going to do it. Last night, they were at the house until 10:45 hammering and n,nn;ng saws. Mr. Abel would like to see the property returned to a state in wluch they will not cause a problem. Several million dollazs have been put into this neighborhood. He would like to see this properiy raised to that level. Mr. Magnez stated he had a frank conversation with the new contract purchaser, who is supposedly coming today. He explained the work would have to be done to code by a licensed person. Also, he explained the property cannot be legally occupied until Don Wagner (License, Inspections, Environmental Protection) or one of his designees issues a code compliance certificate. He indicated he wanted to have people in the property guazding it and warking at the property all day and night. The City's main concern is that the dweliing is rehabilitated in a timely fashion. Gerry Strathman recommends the owner be granted six months to rehabilitate this building on the condition that the vacant building fee is paid by noon of November 28, 2001. Don Wagner said he will accept the current code inspection, stated Mr. Magner. Resolution ordering the owner to remove or repair the property at 531 Ohio Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 10-2-01) (Steve Magner submitted photographs.) (No one appeazed to represent the property.) Gerry Strathman stated this property was in the process of going tax forfeit. Steve Magner responded the properiy did go t� forfeit after Code EnforcemenYs original notice was sent. There were a number of parties that have to be notified for this process; Code Enforcement has now done the proper notification, and they are prepared to move forwazd on this matter today. Mr. Magner reported this was formerly a Laundromat. It has been vacant since October 16, 1998. The current owner is State of Minnesota Trust Exempt. There have been nine summary abatement notices issued to remove refuse, cut tall grass, secure property, and abatement vehicles. On 7uly 11, 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 July 23, 2001, with a compliance date of August 22, 2001. As of this date, the property remains in a condition which comprises a nuisance as defined o��2�s LEGISLATIVE HEARING MINIJTES OF NOVEMBER 6, 2001 Page 3 by the legislative code. The vacant building fees are due. Taxation has placed an estimated market value of $11,300 on the land and $72,300 on the building. As of today, no one has applied for the code compliance inspection and a bond has not been posted. The estimated cost to repair is $100,000; estimated cost to demolish, $13,000 to $14,000. Because iY was used as a Laundromat and dry cleaning facility, stated Mr. Magner, there may be possible contaminants on the site. Cvde Enforcement would not remove any of those contaminants; they would leave that up to the State. Ramsey County does not have immediate plans to sell this property and they have no plans to stop the resolution at this time. Theodore Kvasnik, 2190 Mazshall Avenue, Sew What Corporation, appeared and stated his company does laundry and dry cleaning services. He has not been in the building to examine it for possible purchase. Mr. Strathman responded they need to contact Ramsey County Trust Exempt Property Division. Mr. Kvasnik stated he was not aware that dry cleaning was done in that building. He had done business with them for a number of yeazs. He was aware of the boilers. Mr. Magner responded he and Ramsey County have had no abiliry to contact the previous owner to identify what happened at the site. Based on hearsay evidence, they feel there is pollution on the site. There is already evidence of other pollutants. Also, there was automobile repair in the back of the building. There are auto parts, motors, lazge oil spills, and anrifreeze in the back. Mr. Kvasnik asked about the $100,000 to repair. Mr. Magner responded the roof is bad and the first floor is possibly falling through. Gerry Strathman recommends approval of the resolution. Resolution ordering the owner to remove or repair the property at 847 Lexineton Parkwa,_y South. If the owner fails to compiy, Code Enforcement is ordered to remove the building. (Laid over from 9-4-01) (Steve Magner submitted photographs.) (No one appeared to represent the property.) Steve Magner stated tbe owner asked for a layover to identify his plans. He has purchased the adjoining property and has obtained a wrecking pemut to remove the structure. Code Enforcement will give the owner time to demolish the property, but they recommend approval of the resolution. Gerry Strathman recommends approval of the resolurion. o��z�s LEGISLATIVE HEARING MINUT'ES OF NOVEMBER 6, 2001 Page 4 S� Resolution ordering the owner to remove or repair the property at 1619 Seventh Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) (No one appeared to represent the properry.) Mr. Magner reported this property has been vacant since December 7, 2000. It suffered a severe fire at that time. There have been five summary abatement notices issued to remove refuse, secure front door, cut tall grass, and abate vehicles. On August 30, 2001, an inspection of the building was conducted, a list of deficiencies wluch consfitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on September 10, 2001, with a compliance date of September 25, 2001. 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 paid. The real estate taxes are unpaid of $3,282. Estimated market value is $13,200 on the land; estimated market value of the building prior to the fire, $49,600. As of today a code compliance inspection has not been applied for and a$2,000 bond has not been posted. Estimated cost to repair is $100,000; estimated cost to demolish, $13,000 to $15,000. Gerry Strathman recommends approval. Appeal of summary abatement order for 1539 Blair Avenue. Gerry Strathman stated the garage has been removed per Joe Yamiarelly (Code Enforcement). . (Case closed.) Appeal of summary abatement order and vehicle abatement order for 1323 Bush Avenue. (No one appeared to represent the property.) Gerry Strathxnan zecommends denying the appeal. Appeal of summary abatement order and vehicle abatement order for 1327 Bush Avenue. (No one appeazed to represent the property.) Gerry Strathman recommends denying the appeal. The meeting was adjourned at 1037 a.m. rrn