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01-1265: :` ` p"� � ia � r, I a ;=a ; e q - '� � e :`+3 ,.S f � �� _ ':e 6 a � s '> �.. Presented By Referred To Council File # O\ — \�.LS Green Sheet # 10a3 G 1 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 removai of a two and one-half story, wood frame duplex and the detached, two-stall, wood frame garage 4 located on property hereinafter referred to as the "Subject Property" and commonly known as 292 Burgess 5 Street. This property is legally described as follows, to wit: Lot 2, Block 1, Atwater Street Addition to the City of St. Paul, Ramsey County, Minn. 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 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obfained by Division of Code Enforcement on or before June 29, 2001, the following are the now known interested ar responsible parties for the Subject Property:Scott Feyen, 2125 Highway 13 W, Bumsville, MN 55337; Gary Torgerson, 122'1 Oldridge Avenue North, Stillwater, MN 55082; David Johnson, 478 Cleveland Avenue South, St. Paul, MN 55105 WIIEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order idenrified as an "Order to Abate Nuisance Building(s)" dated August 31, 2001; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by September 17, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subj ect Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enfarcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, November 20, 2001 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Proper[y safe and not detrimental to the public peace, health, safety and welfaze 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 or demolition of the structure to be completed within five (5) days after the date of the Council Hearing; and RESOLUTION �CITY� PAUL, � MINNESOTA � 2 3 4 5 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 _ ; r � s� x g w�S�F�ii .� o� -►a�s WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, December O5, 2001 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 292 Burgess Street: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. 7. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now eacists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing tYus nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subj ect to demolition. That this building has been routinely monitared by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the shucture must be completed within five (5) days after the date of the Council Hearing. 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this shucture, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. `i;.�€' � » € l . #�.$ : . . - . � f►a 4 5 6 7 o � -�ac,s 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fi.ztures of any kind which interfere with the demolition and removal shall be removed from the properry by the responsible parties by the end of tlus time period. If all personal properiy is not removed, it shali be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is fiuther ordered, that a copy of this resolurion be mailed to the owners and interested parties in accordance with Chapter 45 of the 5aint Paul Legislative Code. Adopted by Council: Date � k 5,� o o� Adoption Certified by Council Secretary � Approved : Requested by Department o£ Citizen Service Office; Code Enforcement B y� �� Form Approved by City Attorney .� �� — Approved by Mayor for Submission to Council I� of Code Enforcement 266-8439 NUST BE ON COUNCIL AGENDA BY (DATEj Wednesday, December O5, 2001 TOTAL # OF SIGNATIIRE 10/26/Ol EN SHEET o�-�a.ws No 10�2�61 �� �� � 111YAiTO10EY ❑ QIYC1.iRR � � �w.��� � ��� � WYCR�OR�fµ�� ❑ (CLIP AlL LOCATIONS FORSIGNATURE) ty Council to pass this resolurion which will arder the owner(s) to remove or repair the referenced building(s). If � owner fails to comply with the resolution, the Cifizen Service Office, Division of Code Enfarcement is ordered remove the building. The subject property is located at 292 Burgess Street. PLANNING CAMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSION Hat this persorJfirm ev�u worketl untler a contract fa Uie department'7 YES NO Has ihie peiwMfirm ever bcen a cily empbyae7 . YES NO Does this persoNfirm possess a slull not normelrypossesse0 by any curreM city employeeT YES NO Is this persoMfi�m a targeted vendoY7 � YES NO � s building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as,defined in Chapter 43 of Saint Paul Legislative Code. The owners, interested parties and responsible parties lrnown to the Enforcement icer were given an order to repair or remove the building at 292 Burgess Street by September 17, 2001, and e failed to comply with those orders. � . City will eliminate a nuisance. �CT � 1 Zfl�9 k ., _ � �, .. , as a special assessment against the property taxes. remain unabated in the City. This building(s) will continue to blight the community. AMOUNTOF7RANSACTIONf `���vvv-.piv�vvv Nuisance Housing Abatement ic sourece a �NFOR�.anoN (owwM ' ncrnm NuMe�e e • . ��3,YCt1 ��tl4p� ��: � � � � ���� (CIRGLE ONq YES NO 33261 � CITIZEN SERVICE OFFICE Fred Owusu, City Clerk DNISION OF PROPERTY CODE ENFORCEMENT 0��\�, (�.S Michae[ R. MoreheaA, P�ogram Manager CITY OF SAINT PAUL Nuisance Buildirsg Code Enfarcement Norm Colemart, Mayor I S W. Kel[ogg Blvd. Rm. I90 Saini Pau1, MN 55102 October 26, 2001 NOTICE OF PUBLIC HEARIl�'GS Council President and Members of the City Council Tel: 651-266-8440 Fax: 657-266-8426 �i^u�E.�.e^� ��S�a:'C�'� vv'`:�(°T ��� v # ��Q1 Citizen Service Office, Vacant/Nuisance Buildings Enforcement Diaision has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 292 Burgess Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, November Z0, Z001 City Council Hearing - Wednesday, December O5, 2001 The owners and responsible parties of record are: Name and Last Known Address Scott Feyen 2125 Highway 13 W : Burnsville MN 55337 Gary Torgerson 1227 Oldridge Avenue North Stillwater, MN 55082 David Johnson 478 Cleveland Avenue South St. Paul, MN 55105 The legal description of this property is: Interest Fee Owner Interested Party Interested Party Lot 2, Block 1, Atwater Street Addition to the City of St Paul, Ramsey County, Minn. - . 292 Burgess Street October 26, 2001 Page 2 o� -�i`.t Division of Code Enforcement has declazed this building(s) to constitute a"nuisance" as defined by Leb slative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condifion by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this properiy. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �teue �a�r�er Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office ` Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph � o ti -ta�S REPORT Date: November 20, 2001 Tune: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer J/ 1. Resolution ordering the owner to remove or repair the property at 292 Burgess Street. If T the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative 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 December 5, 2001. 2. Resolution ordering the owner to remove or repair the property at 294 Bureess Street. If the owner fails to compiy, Code Enforcement is ordered to remove the building. Legislative 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 December 5, 2001. 3. Resolution ordering the owner to remove or repair the property at 178 Acker Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. rrn o� _ �a�s MINUTES OF Tf� LEGISLATIVE HEARING Tuesday, November 20, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 10:02 am. STAFF PRESENT: Steve Magner, Code Enforcement � Resolution ordering the owner to remove or repair the property at 292 Burgess Street. If the owner faits to comply, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) Gary Torgerson, 1227 Oldridge Street, Stillwater, appeared and stated they are in the process of purchasing the property. The closing is tomorrow. The properry has been registered under his name, and the code compliance inspection report is done. He is prepazed to post the bond and begin working on the properiy withixi one week. Steve Magner reported this properry was condemned on May 2001, and has been vacant since June 2001. The current owner is Scott Feyen. Seven sunmiary abatement notices have been issued to remove refuse, secure property, and cut tall grass. On August 23, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. The property remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees have been paid. Real estate taYes are unpaid of $1,120. The estimated market value of the land is $10,000; estimated mazket value of the building, $28,300. A code compliance inspection was done. A bond has not been posted. The estimated cost to repair is $80,000 to $100,000; estimated cost to demolish, $8,000 to $10,000. This building is a duplex on a nonconforming site, stated Mr. Magner. According to Don Wagner (License, Inspections, Environmental Protection), the property may be unfeasible to rehabilitate based on the repairs needed. If Mr. Torgerson purchased the building, posts a bond, and obtains permits, Mr. Magner does not have a problem with a 180 day repair order. Mr. Strathman asked if he is awaze of the inspection done by the City and the observarion from Mr. Wagner that rehabilitation is not feasible. Mr. Torgerson responded he has experience in doing code compliances in Saint Paul. In the past two yeazs, he has done about six. He can rehabilitate this properiy successfully and post the bond. Gerry Strathman recommends granting the owner six months to rehabilitate this building on condition that a$2,000 bond is posted by noon of December 5, 2001. o� . �,-c.5 LEGISLATiVE HEARING MINiJTES OF NOVEMBER 20, 2001 Page 2 Resolution ordering the owner to remove or repair the property at 294 Burgess Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) The following appeared: Thomas J. Rooney, 3260 Rice Street, Little Canada, and John Cazlson, Cazlson Sewer and Water Company, 921 Westem Avenue North. Mr. Rooney stated he heazd the properry was going to be rehabilitated. Mr. Cazlson's company installed a water line and has a lien against the property. They had gone by the properry and saw someone working on it. Mr. Rooney would like the bill paid. I assume, stated Mr. Strathman, this matter will be settled at the closing. Mr. Torgerson responded in the affirmative. He has no problem paying Mr. Cazlson what he has coming. Mr. Rooney stated it would be $4,700. Steve Magner reported the property was condemned in July 2001. The current owner is Scott Feyen. There have been two summary abatement notices issued to remove refuse, cut tall grass, and secure door. On August 23, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. This properry remains in a condition which comprises a nuisance as defined by the legislative code. Real estate taxes aze unpaid of $1,319. Taxation has placed an estimated market value of $10,000 on the land and $36,100 on the building. A code compliance inspection was done. A $2,000 bond has not been posted. The estimated cost to repair is $80,000 to $100,000; estimated cost to demolish, $10,000 to $12,000. Mr. Strathman asked if he was prepazed to post the $2,000 bond. Mr. Torgerson responded in the affirmative. Gerry Strathman recommended granting the owner six months to rehabilitate this building on condition that a$2,000 bond is posted by noon of December 5, 2001. Resolution ordering the owner to remove or repair the property at 178 Acker Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. (No one appeazed to represent the property.) (Steve Magner submitted photographs.) Steve Magner reported this is a one story, cement/cement block wood frame structure. It has been vacant since May 3, 2001. The current owner is Richard Pfeifer, and the conservator is Jill Joluison, his daughter. Five summary abatement notices have been issued to remove refuse,. secure the building, cut tall grass, and remove a vehicle from pazking surface. On September 12, 2001, an inspection of the building was conducted, a list of deficiencies which constitute a 6�_I�GS� LEGISLATIVE HEARING MINiJTES OF NOVEMBER 20, 2001 Page 3 nuisance condition was developed, and photographs were taken. The properry remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees aze due. Real estate taxes aze paid. T�ation has placed an estimated market value of $3,000 on the property. A code compliance inspection has not been done nor has a bond been posted. The estimated cost to repair this struchue is $40,000, cost to demolish, $5,000 to $6,000. According to a columnist in the paper, stated Mr. Magner, Mr. Pfeifer purchased two parcels from a taY auction and decided he would build a home out of concrete. He was living on the property in a shack, which has since been removed. Mr. Pfeifer worked diligently on his properry until he suffered an injury. He is now in a care facility. The building has no windows, added Mr. Strattiman. Gerry Strathman recommends approval of the resolution. The meeting was adjourned at 10:17 a.m. iu7