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01-1319Council File # O1— 1� Green Sheet # � b a.3 `�I. RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To U�,O Committee: Date 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, wood frame duplex and the detached, oversized, one-stall, wood frame garage 4 located on property hereinafter referred to as the "Subj ect Properiy" and commonly known as 2281 Priscilla 5 Street. This property is legally described as follows, to wit: 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Lot 20, Block 27,St. Anthony Park, Minn. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before July 13, 2001, the following are the now lrnown interested or responsible parties for the Subject Property:Florence M. Smith, 2281 Priscilla Street, St. Paul, MN 55108; Meredith MacKenzie, 2281 Priscilla Street, St. Paul, MN 55108; Trina Smith, 2281 Priscilla Street, St. Paul, MN 55108; Homeside Lending Inc., f/k/a BancBoston Mortgage Corp., c/o CT Corporation System Inc., 405 Second Avenue South, Mpls., MN 55401, loan # 4050296; MN Collection Enterprise, 600 North Robert Street, St. Paul, MN 55146, lien # 1218998019991005 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 20, 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 Property by October 22, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code 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 e+-��q 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, December 4, 2001 to hear testunony and evidence, and after receiving tesrimony and 3 evidence, made the recoxnxnendation to approve the request to order the interested or responsible parties to 4 make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and 5 remove its blighting influence on the community by rehabilitating this sriucture in accordance with all 6 applicable codes and ordinances, or in the altemative by demolishing and removing the structure in 7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be 8 completed within fifteen (15) days after the date of the Council Hearing; and 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 WF3EREAS, a hearing was held before the Saint Paul City Council on Wednesday, December 19, 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 2281 Priscilla Street: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. � � 7 � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then laiown responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition haue not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declazes it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. �� The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subj ect 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 correcring 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 fifteen (15) days after the date of the Council Hearing. o �-�5�r 2 3 4 5 6 7 9 10 11 12 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 structure, 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, a11 personal property or fixtures of any ldnd which interfere with the demolition and removal sha11 be removed from the property by the responsible parties by the end of this rime period. If all personal property is not removed, it shall be considered to be abandoned and the Ciry of Saint Paul shall remove and dispose of such properiy as provided by law. 4. It is further ardered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date �,.� _`� a a �� , Adoption Certified by Council Secretary B � � � \ Approved by Mayor: Date �/ �� By: G�lyvC �i / i � �{f/' Requested by Department o£ v Form Approved by City Attorney By: � Approved by Mayor for Submission to Council By: �Z � � Division of Code Enforcement 266-8439 7L AGENDA BY 40AT� December 19, 2001 �� 11/09/Ol TOTAL # OF SIGNATURE PAGES GREEN SHEET C►-11tq No � 0��4 u�w.w,,. _��-, f �� ( � � � rn�nonrr i Y` v� ❑ nivttcnrt ttE �..w��. �� r�vaew...msnwn�� ❑ . �_ (CLJP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcemen is grdered to remove the building. The subject property is located at 2281 Priscilla Street. �q^�,� F�3�a��' ��`�` �� PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Has this Peisan/frtn ever worketl untler a contract for thk depaAmeM? YES t� Has this pereoNfrm evu been a ciry empbyee9 YES NO � Do� this pe�soNfirm posaess a sidll nM nwmallypoesesse0 by a�ry curteM c"ity empbyee4 YES NO Ia t�is peraon/firm e tarpeted ventloYt � VES NO , 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 known to the Enforcement Officer were given an order to repair or remove the building at 2281 Priscilla Street by October 22, 2001, and have failed to comply with those orders. The City will eliminate a nuisance. ��3a� .L h ��5�� .r IISAWANTAGES IFAPPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment againstthe property tases. IISADVANTAGES IF NOTAPPROVED ' � ' A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. �v�,��., - �v�,��„ AMOUNT OF TRANSACTION t \ .� ".• �•!�.'�"� INFORMATION (IXPWt� COST/REVENUEBUDfiETm(CIRCLEON� ( YE� NO ACTNITYNUMBER ��7�i� CITIZEN SERVICE OFFICE Fred Owusu, Ciry Clerk CITY OF SAINT PAUL Nonn Coleman, Mayor DIVISION OF PROPER'CY CODE ENFORCEMENT Michae[ R. Morehen�f Program �Lfanager O�„�, `� Nuisance Building Code Enforcement I S W. Kellogg Blvd. Rm. 790 Tel: 651-266-8440 Saint Paul, MN55102 Fax: 651-266-8426 I�TOVember 9, 2001 R E C E I�I � D NOTICE OF PUBLIC HEARINGS �� -� "' 2 �� CouncilPzesidentand CIT`( ATTORNEY Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 2281 Priscilla Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, December 4, 2001 City Council Hearing - Wednesday, December 19, 2001 The owners and responsible parties of record are: Name and Last Known Address Florence M. Smith 2281 Priscilla Street St. Paul, MN 55108 _ Meredith MacKenzie " 2281 Priscilla Street St. Paul, MN 55108 Trina Smith 2281 Priscilla Street St. Paul, MN 55108 Homeside Lending Inc. f/k/a BancBoston Mortgage Corp. c/o CT Corporation System Inc. 405 Second Avenue South Mpls., MN 55401 loan # 4050296 Interest Fee Owner/Mortgagor Mortgagor Mortgagor Mortgagee MN Collection Enterprise 600 North Robert Street St. Paul, M13 55146 lien # 1218998019991005 State Taac Lien o�_��tq 2281 Priscilla Street November 9, 2001 Page 2 The legal description of this property is: Lot 20, Block 27, St. Anthony Pazk, Minn. 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 lmown 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 resolurion 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�rcer Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Cirizen Service Office :`7uR'i�fl cc: Frank Berg, Building Inspection and Design - Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division . ccnph � � -�'��q REPORT Date: December 4, 2001 Time: 10:00 am. Place: Room 330 City Ha11 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislafive Hearing Officer � 1. Resolution ordering the owner to remove or repair the properry at 2281 Priscilla Street. If the owner fails to comply with the order, 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 the following is done by noon of December 19, 2001: 1) pay the vacant building fee, 2) get a code compliance inspection, and 2) post the $2,000 bond 2. Resolution ordering the owner to remove or repair the property at 1840 Ames Avenue. If the owner fails to comply with the order, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. 3. Appeal of Summary Abatement Order for 407 Bav Street. Legislative Hearing Officer recommends laying over to the December 18, 2001, Properry Code Enforcement meeting. � o�_��y MINUTES OF THE LEGISLATIVE HEARING Tuesday, December 4, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 10:01 a.m. STAFF PRESENT: Steve Magner, Code Enforcement � Resolution ordering the owner to remove or repair the property at 2281 Priscilla Street. If the owner fails to comply with the order, Code Enforcement is ordered to remove the building. "The following appeazed: Meredith MacKenzie Smith, owner; Tom Farnsworth, 2289 Priscilla Street. Steve Magner reported this property was condemned on September 2000 and has been vacant since October 2000. One summary abatement has been issued to remove debris from the alley, yazd, and boulevazd. On September 13, 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 aze due. Real estate taxes aze paid. Taxation has placed an esrimated mazket value of $26,300 on the land and $89,100 on the building. A code compliance inspection has not been applied for, and a bond has not been posted. The estimated cost to repair this structure is $70,000; estimated cost to demolish, $8,000 to $9,000. The property has been owned by Ms. Smith for a long time, stated Mr. Magner. Appro�mately 12 yeazs ago, the City went through the same process with this properly. At that time, Ms. Smith sold the properry to an investor/rehabilitator, who completely rehabilitated the properry. With the right of first refusal, the property was sold back to Ms. Smith. She has a tendency of not being in place very long with the property due to her job. The property has once again gone back to lack of maintenance and has a lazge accumulation, which resulted in the condemnation. She has not been cooperative in allowing the inspectors access. Since this is the second time around with the same owner, the City needs to look at creative ways of solving this problem this time. Gerry Strathman stated the value Taxation has placed on the building is high. Mr. Magner responded they do not have a realistic view of the properry. It could bring a high mazket value in this neighborhood. This is a property that has value and it can be rehabilitated. Mr. Strathman asked is it a public nuisance because of the state of disrepair. Mr. Magner responded it is still condemned and the conditions that consfihxte the condemnation aze still in place. Some of the original plumbing and heating items probably won't need to be addressed because they were done about 12 yeazs ago. The problem is the condition of the house and lack of maintenance. Mr. Strathman stated they do not know that because there has not been a code compliance inspection. Mr. Magner concurred. o►_��y PROPERTY CODE ENFORCEMENT NO'TES OF DECEMBER 4, 2001 Page 2 Ms. Smith stated she hired someone to do the outside work. He fixed the mortar azound the foundation, repaired the porch. She ordered a new storm door. She wants to move back in the property. She t�as two friends who will retire in four years, and they thought about living there. Between the three of them, they could handle the properry nicely. Mr. Farnsworth stated he owns the property on both side of this property; therefore, he has a strong interest in what happens at ttus properiy. Ms. Smith's business is in home health caze, which is why she is not at the property often. Basically, he has not had a neighbor for 20 years. The ea�terior of the property has fallen into disrepair. The City cleans the property once or twice a year. A man across the street does a nice job of cleaning up the yazd. That does not address the sanitary issues if she does stay at the properry when there is no water, electricity, heat. The inside of the property has filled up with debris. The City cleaned it out previously. Mr. Farnsworth is unsure of the inside condition, but there may be problems with water lines bursting. If the owner wants to sell the property, he would like to buy it from her. He would like to make sure that they stay on good enough terms. Ms. Smith stated tkris issue was suppose to be over on October 15. She will be teaching soon and won't be away from the house except for a day or two. Mr. Magner responded the house is condemned and she cannot stay in the house. The reason for the original condemnation is lack of utilities and burst water lines. No one has gotten in the properry to evaluate what needs to be done. The first thing she needs to do is some cleaning. Mr. Strathman stated this is beyond the point of informally taking caze of the property. There is an arder that is going to the City Council on December 19. If they approve it, she will be given 15 days to repair the building or the City will remove it. If nothing happens, there may be an empty lot with an assessment against it for the cost of the demolition. If she wants to save the building she will have to do three things: 1) pay the $200 vacant building fee, 2) get a code compliance inspection, 3) post a$2,000 bond to insure the properiy will be rehabilitated within 6 months. If she does these things, the City Council will probably grant her six months to rehabilitate the properry. Ms. Smith asked can she keep people from dumping on the property and �arking their cazs. Mr. Strathxnan responded it is the owner's responsibility to keep the properry clean. Ms. Smith asked can she have the neighbor's caz towed. Mr. Strathman responded she can call the police department and tell them there is an abandoned vehicle on the property. Mr. Magner added that she should request a manager's tow. Then, it is her responsibility to get it towed once it is tagged. Most towing companies will take it to the Impound Lot at no charge because they get reimbursed there. Gerry Strathman recommended granting the owner six montUs to complete the rehabilitation of the property on condition that the following is done by noon of December 19, 2001: 1) pay the vacant building fee, 2) get a code compliance inspection, and 2) post the $2,000 bond o�� PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 4, 2001 Page 3 Resolution ordering the owner to remove or repair the property at 1840 Ames Avenue. If the owner fails to comply with tfie order, Code Enforcement is ordered to remove the building. Steve Magner reported tlus properry has been vacant since March 20, 2001. The current property owner is Mortgage Electronic Registration as a nominee for Household Finance Corporation. 'There have been 12 summary abatement notices issued to remove refuse, secure dwelling, and cut tall grass. The building was secured against trespass. On September 19, 2001, an inspection of the building was conducted, a list of deficiencies wluch constitute a nuisance condition was developed, and photographs were taken. Ttris properry remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees aze due. The real estate taxes are paid. TaYa6on has placed an estimated mazket value of $10,000 on the land and $48,700 on the building. A code inspection has not been applied for. A bond has not been posted. Estimated cost to repair is $50,000 to $55,000; estimated cost to demolish, $8,000 to $10,000. The block club is concerned with the condition of this properiy, stated Mr. Magner. This is a nice neighborhood, and this property is decreasing the value of other properties. Gerry Strathman stated the photographs do not show the property in very bad shape. He asked why the mortgage company is not coming forwazd. Mr. Magner responded most of the properties in this neighborhood aze single family, owner occupied. This particulaz property is a duplex that is not owner occupied. It has suffered from a lack of basic maintenance. There is not one major problem. It is run down. Gerry Strathman recommended approval of the resolution. There is no information from the mortgage company nor anyone else about taking responsibility for this properiy. Appeal of Summary Abatement Order for 407 Ba�Street. (The appeilant requested this matter be laid over because he is working on the order.) Gerry Strathman recommended laying over this matter to the December 18, 2001, Property Code Enforcement meeting. The meeting was adjourned at 1Q:37 a.m. �1 Dec 19 01 12:44p � SRPCC 651649-5993 p.l 01-131� ❑ � From the St. Anthony Park Community Council 890 Cromwell Avenue Saint Paul, MN 55114 Voice: 651/649-5992 Fax: 651/649-5993 You should receive_ pages (inciudin� cover). Please ca11651/649-5992 if you do not receive entire fax. 'Z'a /i�a.�„� F�ndr.won T� P�� cl� T•s«� .fft+�t /'7a�.�w.- FROM: G�� Th�, co MESSAGE: F�4X: Z��-as�y ZCeG-BGYD 2�5- Gy8,5� � Dec 19 O1 12:44p SFPCC 651649-5993 p.2 � . , f r i-��e� � � � � � - �� St. Anthony Paric Community Councif December 19, 2001 St. Paul City Council Room 310 City Hall St. Paul, MN 55102 RF; 2281 Priscilla Council President and Members of the City Council: • I am writing to inform you that the St. Anthony Pazk Community Council has declined to comment on today's heazing Yo consider a resolution ordering the repair or removal ofthe nuisance building located at 2281 Priscilla, and has also declined a delay on the Council's decision. Thank You. Sincerely, „ �� Christine M. Tuhy Community Organizer St. Anthony Park Community Council cc: Jane Prince, Legislative Aide to the Council EIIa Thayer, Secretary to the Council Steve Magner, Vacant Buildings Supervisor • 890 Cromwell Aven�c. Sainc P�ul, Minneson 55 f 14 •'s 65 f/649•5992 voice •: 651l649-5993 taz