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96-1537 !� - °. ��'�'�C � � � �Q �- � I � � � � k , � ' Council File # ����� Green Sheet # ��� RESOLUTION CITY OF SAINT PAUL, MINNESOTA /� � 3� Presented By �yw' /'�� Referred To Committee: Date 1 WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings 2 to consider the advisability and necessiry of ordering the repair or wrecking and removal of a two- 3 story, wood frame dwelling with a detached, one-vehicle, wood frame garage located on property 4 hereinafter referred to as the "Subject Property" and commonly known as 581 Forest Street. This 5 property is legally described as follows, to wit: 6 7 Lot 30 and the North 2.4 feet of Lot 31, Dailey and Berrisford's Subdivision of Block 8 95 of Lyman Dayton's Addition to Saint Paul. 9 10 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 11 information obtained by Saint Paul Public Health on or before October 14, 1996, the following are 12 the now known interested or responsible parties for the Subject Property: Gary Crosby, 1470 13 Mississippi River Blvd. So., St. Paul, MN 55116; CDP Imaging Systems, 6636 Cedar Avenue 14 South, Richfield, MN 55423, Re: Gary Crosby (Judgment); SLG, DBA Business Cards Plus, 809 15 Carleton Street, St. Paul, MN 55114, Re: Gary Crosby (Judgment); District Director of the IRS, 16 316 Robert Street North, St. Paul, MN 55101, re: Gary Crosby (Judgment); Xerox Corporation, 17 3500 West 80th Street, Bloomington, MN 55431, Re: Gary Crosby (Judgment). 18 19 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 20 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance 21 Building(s)" dated November 29, 1994; and 22 23 WHEREAS, this order informed the then known interested or responsible parties that the 24 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 25 26 WHEREAS, this order informed the interested or responsible parties that they must repair or 27 demolish the structure located on the Subject Property by December 29, 1994; and 28 29 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 30 this building(s) to constitute a nuisance condition; subject to demolition; and 31 32 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health 33 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the 34 City Council and the Saint Paul City Council; and 35 36 WHEREAS, the interested and responsible parties have been served notice in accordance 37 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 38 purpose of the public hearings; and �� -�S�'1 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, December 3, 1996 to hear testimony and evidence, and after receiving 3 testunony and evidence, made the recommendation to approve the request to order the interested or 4 responsible parties to make the Subject Property safe and not detrimental to the public peace, health, 5 safety and welfare and remove its blighting influence on the community by rehabilitating this 6 stxucture in accordance with all applicable codes and ordinances, or in the altemative by 7 demolishing and removing the structure in accordance with all applicable codes and ordinances. 8 The rehabilitation or demolition of the structure to be completed within�eea-(-�3}-days after the 9 date of the Council Hearing; and �v� 4.�r�Y�-a e;� h-�- C1S-v 10 Yw .-�� �h ����. : ; �b��� �he. ��. qY� ���r �<<, �c�v��� erm�� " ' a� t'�� ' h' O�c—.�Cl �'��_ �. 11 WHE A�a liearmg was Tield�6e ore e a Pau�City ounci on ��ednesday, 12 December 11, 1996 and the testimony and evidence including the action taken by the Legislative 13 Hearing Officer was considered by the Council; now therefore 14 15 BE IT RESOLVED, that based upon the testimony and evidence presented at the above 16 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and 17 Order concerning the Subject Property at 581 Forest Street: 18 19 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul 20 Legislative Code, Chapter 45. 21 22 2. That the costs of demolition and removal of this building(s) is estimated to exceed 23 three thousand dollars ($3,000.00). 24 25 3. That there now exists and has existed multiple Housing or Building code violations at 26 the Subject Property. 27 28 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible 29 parties to correct the deficiencies or to demolish and remove the building(s). 30 31 5. That the deficiencies causing this nuisance condition have not been corrected. 32 33 6. That Public Health has posted a placard on the Subject Property which declares it to, 34 be a nuisance condition subject to demolition. 35 36 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings 37 Code Enforcement Program. 38 39 8. That the known interested parties and owners are as previously stated in this 40 resolution and that the notification requirements of Chapter 45 have been fulfilled. 41 42 43 ORDER 44 45 The Saint Paul City Council hereby makes the following order: 46 q C -L S 3'� 1 1. The above referenced interested or responsible parties shall make the Subject Property safe 2 and not detrimental to the public peace, health, safety and welfare and remove its blighting 3 influence on the community by rehabilitating this structure and correcting all deficiencies as 4 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with 5 all applicable codes and ordinances, or in the alternative by demolishing and removing the 6 structure in accordance with all applicable codes and ordinances. The rehabilitation or 7 demolition and removal of the structure must be com leted wi da s aft r the 8 date of the Council Hearing. p °� ►��+^�.r� �� h ���°� 9 10 2. If the above corrective action is not completed within this period of time the City of Saint 11 Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take 12 whatever steps are necessary to demolish and remove this structure, fill the site and charge 13 the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of 14 the Saint Paul Legislative Code. 15 16 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 17 personal property or fixtures of any kind which interfere with the demolition and removal 18 shall be removed from the property by the responsible parties by the end of this time period. 19 If all personal property is not removed, it shall be considered to be abandoned and the City 20 of Saint Paul shall remove and dispose of such property as provided by law. 21 22 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 23 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. � Navs Absent Requested by Department of: � a ev �xua arris � e ar eunean � By. � � G Form A rove C' Attorney Adopted by Council: Date �� \ Adoption Certified by Counc 1 Secretary By, �-- By� Approved by Mayor for Submission to Council Approved by Mayor: Date 1i , gY: �//G�jt By: �t,C� ���� �C. -�s3� L �► INITIATED � ���� Health ��-o -96 GR�EN SHEET N_ 3 6 2 27 I' 2 S VOtE�. 2 9$-41 S 3 DEPARTMENT DIRECTOR N��� CITY COUNCIL ' �NmAUQATE �� ITY ATTORNEY /� ` CITY CLERK ' N BY(DATEI �pP� DOET DIREC7�OR �FIN.8 MOT.SERVICES DIR. December 11, 1996 °R� �u►YOa(o��ST,� � 7�OTAL*OF SIONATUR�P�ES (CLIP ALL LOCATIONS FOR 81GNATUR� ACTION REGUEB'TED: � City Council to pase this resolution which will c�rder the owner(s) to re�ve or repair the referenced building(s) . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 581 Forest Street. F�COI�AMENDATION8:Approw(A)a RsHct(R) pER80NAl.SHRVICE CONTRACT8 MUBT ANSWER TME FOLI.OMIINO�IIH=TIWiS: _W.MINaH�C�118810N _CIVL BERN�E OOMMIS810N 1. He1s thls psnoNflrm enrer walaad undsr a aorKratX fa�tliis dYpartmsnt? - _CIB OWd6MTTEE _ YES NO _sTAFF _ a. Has mie poreo�,/Nm,ever besn a c�ty smployee? YES NO —o�8TMiCT CouRT — s. Does uds wreoMfkm poasess a aku�not nonnaly aoss�swd br Ny cumsnt dtr enq�loys�? SUPPORT8 NMK�1�IL�JECTIVE7 YE8 MO Explain ati y��n�w�n on ap�r��M�t and ettsoh to p�wn�hNt . ��P���g�"�TM�1Nh0'�'�'�'�c�ing(s) as def ined in Chapter 45 and a vacant buildi�g s u a s � s a nuisance u as defined 3.n 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 581 Forest Street by December 29, 1994, and have failed to comply with those orders. RdCE� NOV 15 � ADVANTAGE8 IF APPROVED: ' The City will eliminate a nuisance. �AY��0�� RECEI � NOY 13 1996 CITY ATT4RNEY DIBAOVANTAAE8IF APPAONED: The City will spend funda to wreck and remove this building(s) . Th�se costa will be assessed to the property, aollected as a special: assessment against the property taxes. COUnCiI �'`"���'� Ei:-:ra�`�il�Slfd '�.�.ii6lii� NOV 18 1g96 as�owurr�s iF Nar��o: � A nuieance condition will remain unabated in tt� � ng 9) will cqntinue to blight the community. TOTALAMOUNTOFTRAN8ACTION = ^�4,000 - $6,000 COST/REVENUEBUDOET�D(GRCLEONE) YE8 NO Nuisance Housing Abatement 33261 FUNDIN�SOURCE ACTIVITY NUMB@R FINANCIAL INFORMATION:(EXPLAIN) . ���� S`37 REPORT Date. December 3, 1996 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Summary Abatement appeal at 586 Wheelock Parkway; R. Allen Jones & Karen Lehmann, appellants. Legislative Hearing Officer recommended adopting the resolution authorizing a substantial abatement process. 2. Summary abatement appeal for 1302 Earl Street; Lee and Cecilia Runyon, appellants. Legislative Hearing Officer denied the appeal. 3. Resolution ordering the owner to remove or repair the referenced building, located at 581 Forest Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended the owner be granted 180 to complete the repairs on the condition that the bond be posted and permits obtained by Wednesday, December 11, 1996. ' ' SAINT PAUI PUBUC HEAITH Nea/Holtm�,M.D., M.P.X., Director � C ��'"� G�� _ � J l CITY OF SAINT PAUL NU/SANCE BUILDINGS CODE 611-298-4153 Norm Coleman. Mayor - , ENFORCEA�Nf SSS Cedar Srreet Saint Paul,MN SSI01-2260 �.i r , y.�V..i.� i".j ' ^4+ e��n�u'i�� . . . M'�4+� . � . - . .:Si4w� November 8, 1996 i����'a�' � J m��6 � NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public heazings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 581 Forest Street � The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, December 3, 1996 City Council Hearing - Wednesday, December 11, 1996 The owners and responsible parties of record aze: Name and Last Known Address Interest Gary Crosby Fee Owner 1470 Mississippi River Blvd. Sa St. Paul, MN 55116 CDP Imaging Systems Judgment Creditor of Crosby 6636 Cedar Avenue South � Richfield, MN 55423 Re: Gary Crosby (Judgment) � ��s�� a� - 581 Forest Street " November 8, 1996 Page 2 Name and Last Known Address Interest SLG, DBA Business Cards Plus Judgment Creditor of Crosby 809 Carleton Street St. Paul, MN 55114 Re: Gary Crosby (Judgment) District Director of the IRS Judgment Creditor of Crosby 316 Robert Street North � St. Paul, NIN 55101 re: Gary Crosby (Judgment) Xerox Corporation Judgment Creditor of Crosby , 3500 West 80th Street Bloomington, MN 55431 . � Re: Gary Crosby (Judgment) The legal description of this property is: • ' Lot 30, and the North 2.4 feet of Lot 31, Dailey and Berrisford's Subdivision . of Block 95 of Lyman Dayton's Addition to St. Paul. � Saint Paul Public Health has declared this building(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known � � resp.onsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). ��_ � �3`7 581 Forest Street November 8, 1996 ." Page 3 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 properry. It is the recommendation �of Public Health 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 Public Health 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. ' cerely, i�,� r � � Reneta Weiss Program Supervisor Vacant/Nuisance Building Unit . Saint Paul Public Health RW:mI - cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 01-93 MINUTES OF LEGISLATIVE HEARING December 3, 1996 G��- � S3� Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 1. Summary Abatement appeal at 586 Wheelock Parkwav; R. Allen Jones & Karen Lehmann, appellants. Gerry Strathman, Legislative Hearing Officer, stated that this matter was laid over from the November 5, 1996 Legislative Hearing in order for Public Health to proceed with a substantial abatement process since the cost of the repairs to the retaining wall appeared to be in excessive of$3,000. He read the resolution which would authorize Public Health to correct the inunediate hazardous area of the wall and to make final repairs to the wall when weather permitted. Allen Jones, property owner, appeared with his wife, Karen Lehmann. Mr. Jones stated that at the previous meeting, the neighbor had agreed to allow access onto her property for purposes of inspecting the wall. He met with the city engineer, the city masonry inspector, a professional engineering consultant, whom he had hired, and a contractor, whom he had hired as well, to inspect the wall. The professional engineering consultant indicated to him that it was his opinion that the wall should be replaced, however, he did not believe the wall was in unmediate danger of collapsing and that it could last through next spring. Mr. Jones agreed that the wall should be replaced, however, the estimated cost to replace the retaining wall was $15,000 to $20,000 and he did not have the fmancial resources to be able to afford this cost. He requested that he be allowed until spring or sununer to make the repairs to the wall. He was also concerned that the neighbor would not allow him access onto her property for purposes of making the repairs. Chuck Votel, Public Health, stated that it was his opinion that the hazardous area of the wall was not in � immediate danger of collapsing during the winter, however, when the ground thawed in the spring, he believed there would be a hazard. He explained that the wall nearest the neighbor's house had slipped off the lower course of blocks and needed to be removed. The fear was that when the ground thawed; the wall would collapse onto the neighbor's house. He believed that immediate repairs were necessary to prevent this from occurring. Concerning the issue with the neighbor allowing access onto her property, he believed that her main concern was that her property be restored to its current condition. Mr. Strathman recommended approval of the resolution authorizing a substantial abatement process to immediately repair the hazardous portion of the wall. He recommended that the owner be given until June 1, 1997 to make the remaining repairs to the wall. 2. Summary abatement appeal for 1302 Earl Street; Lee and Cecilia Runyon, appellants. Guy Willits, Public Health, reviewed the staff report and presented pictures of the property. The inspector had inspected the property the previous day and the owner had failed to remove any of the items as ordered. Lee Runyon, property owner, appeared and stated that he was appealing the order as he did not understand what it was that he was supposed to remove from his yard. He presented a letter of support from a neighbor. Minutes of Legislative Hearing �� - �S 3 l December 3, 1996 Page - 2 - Mr. Strathman stated that outdoor storage of any materials, other than fire wood and certain composting, was not allowed in St. Paul. Since the pictures indicated that the materials still remained, he denied the appeal. 3. Resolution ordering the owner to remove or repair the referenced building, located at 5$� Forest Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The building had been vacant since July, 1994 and was purchased by Gary Crosby in January, 1995. At that tune, the owner obtained a code compliance inspection and pernuts to begin making some of the necessary repairs. There had been four summary abatement notices issued on this property for a variety of violations. He also stated that the registered vacant building fee had been paid. The estunated cost to repair the building was $30,000 and the estimated cost to demolish was between $7,000 and $8,000. � Gary Crosby, properry owner, appeared and stated that he was in the process of repairing the building. He had made some of the repairs to the interior of the building, however, had not made any repairs to the exterior. He was doing the work himself and believed that 70% of the repairs had been completed. He requested additional time to be able to complete the repairs. Mr. Votel stated that the code compliance report was still in force, however, it was now necessary for the owner to obtain a performance bond to complete the remainder of the repairs. Mr. Strathman recommended that the owner be granted 180 days to complete the repairs provided the bond was posted and the necessary permits obtained by Wednesday, December 11, 199 Meeting adjourned at 10:50 a.m. Gerry S athman, Legi ative Hearing Officer