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96-1416 _ � �� i � � ��, ,�fM� � ,3� Council File # \ �c - �� l�c Green sheet # 3 3`�O � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By ` Referred To Committee: Date 1 WHEREAS, Public Health has requested the City Council to hold public hearings to consider 2 the advisability and necessity of ordering the repair or wrecking and removal of a fire damaged, 3 two-story, wood frame dwelling and wood storage shed located on property hereinafter referred to 4 as the "Subject Property" and commonly known as 934 Euclid Street. This property is legally 5 described as follows, to wit: 6 7 Lot 14, EXCEPT the South 44 feet, A. Gotzian's Subd'n of Block 76 L. Dayton's 8 Add. 9 10 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 11 information obtained by Public Health on or before August 27, 1996, the following are the now 12 known interested or responsible parties for the Subject Property: Joel E. Stephens, Box 600125, St. 13 Paul, MN 55106-0003; Norwest Mortgage, 55 East Sth Street, St. Paul, MN 55101, re: Joel E. 14 Stephens. 15 16 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 17 Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated 18 August 22, 1996; and 19 20 WHEREAS, this order informed the then known interested or responsible parties that the 21 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 22 23 WHEREAS, this order informed the interested or responsible parties that they must repair or 24 demolish the structure located on the Subject Property by September 23, 1996; and 25 26 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 27 this building(s) to constitute a nuisance condition; subject to demolition; and 28 29 WHEREAS, this nuisance condition has not been corrected and Public Health requested that 30 the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council 31 and the Saint Paul City Council; and 32 33 WHEREAS, the interested and responsible parties have been served notice in accordance 34 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 35 purpose of the public hearings; and `� � - � '-� 1(� 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on 'I�esday, November 5, 1996 to hear testimony and evidence, and after receiving 3 testimony 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 structure in accordance with all applicable codes and ordinances, or in the alternative 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 fifteen (15) days after the 9 date of the Council Hearing; and 10 11 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 12 November 13, 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 Pau1 City Council hereby adopts the following Findings and 17 Order concerning the Subject Property at 934 Euclid 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 conected. 32 33 6. That Public Health has posted a placard on the Subject Property which declazes 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 `� �- 1y1 � 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 completed within fifteen (15) days after the 8 date of the Council Hearing. 9 10 2. If the above corrective action is not completed within this period of time the Public Health, 11 Code Enforcement Program is hereby authorized to take whatever steps are necessary to 12 demolish and remove this structure, fill the site and charge the costs incurred against the 13 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 14 15 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 16 personal property or fixtures of any kind which interfere with the demolition and removal 17 shall be removed from the property by the responsible parties by the end of this time period. 18 If all personal property is not removed, it shall be considered to be abandoned and the City 19 of Saint Paul shall remove and dispose of such property as provided by law. ' 20 21 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 22 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. ��� �'�, F � a �� � r � � r A^ � � —� . o Yeas Navs Absent Requested by Department of: a e ====J� os rom uerin arrss e ar et an / une BY� , / O . Form Approved by City Attorney Adopted by Council: Date �1�� . 13_ �`�� Adoption Certified by Council Secretary � By: BY` � • Approved by Mayor for Submission to Approved by Mayor: Date �'� Counc i 1 � (^` By: "��, l� ����� BY: L%� _G►'l/�� `��.- lylb ✓ �li� �ea��ri` 10-0 �96NmA ° GREEN SHEET _N_ _3 3 9 0 0 r es V�o�tel 298-4153 � o�w►�r�rwRECroa"m�� crrv�c� ��or►� �s� (�ciTr arroaNer _� ` cm c� � ( 1 �p�� DoEI'DIRECrOR _—��� �FtN.a t�A(#'r.8ERVICEB D�R. ' November 13, 1996 °� MAVaiia+�e�srnwTl � TOTAL,�OF 81�iNATtME PAQE$ (CUP ALL LOCATIONS ROE181G1NATURE) ACf10N REQUESTED: � City Council to paes this resolution which will order the owuer(s) to remove or repair the referenced building(s) . If the owner fails to comply with the reaolution, Public Heal:th is ordered to remove the building. The subject property ia located at 934 Suclid 3treet. ��:�°�(A)°��(p) PERSONAL SERYICB CONTRACT8 MUST ANSWER TM�FG TIONS: " —_PLANMq�COMAAIS810N _CIN�SERVICE COI�AMIS8WN 1. H88 thi6 plr60nRhR1 sv@r MIOrk9d ufldef a COfMred fW tllii dl�� _qB COMMAITTEE _ YES �NO 2. Has this qerooNflrm ever bssn a city employee? OC''' '�0 � —�� — YES NO _oisrpicr cOURT s. ooea Nds person/H�m possess e akm not nomiaNy po�u�a.d�/v�i�,�w cu[� �4 SUPPORTS WMICFI COW�CIL OBJECiIVE9 � YE3 Hr NO m�YVR a�il� EzplNn dl ysa�n�w�n on s�pKab�h��nd att�oh��rNn MNt �N�s��'�ng�s"a nuisarwi�'ec �ui�ing(s) as defined in Chapter 45 and a vacant building as defi.ned in Chapter 43 of the Saint Paul Legislative Code. The ownere, interested parties and responsible parties kaown to the 8nforcement Officer were given an order to repair or remove the building at 934 Buclid Street by 3�ptember 23, 1996, ahd have failed - to comply with those orders.• ADVMITMiES IF APPHOVED: The City will eliminate a nuisance. DIBADYANTAOE$IF APPAOVED: The City will spend fuads to wreck and remove this building(s) . These costs will be assesaed to the property, collected as a apecial asseasment agaiaet the property taxes. o�►ov�ES�ra�r�rEO: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. '�t1C� F��38i�T (;�1'i�il' OCT 1 3 1996 $6,000 - $7,000 TOTAL AMOUNT OF TRANSACTION = COST/REVENUE BUDCiETEO(CIRCIE ONF) YES NO Nuisance Housing Abatement 33261 � fUNDIHO SOURCE ACTIVITY NUMBER FlNAWCIAL INFORMATION:(EXPLAIN) MINUTES OF LEGISLATIVE HEARING - ,I� �� November 5, 1996 �(L Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; John Betz, Public Health, Guy Willits, Public Health Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m. 1. Summary Abatement appeal at 586 Wheelock Parkwav; R. Allen Jones & Karen Lehmann, appellants. A1 Jones, property owner, appeared with his attorney James Hanton, Bannigan & Kelly. Mr. Hanton presented a copy of a survey for the property and pointed out that the retaining wall was located on the south side of the property. The issue of the retaining wall was also being addressed in Housing Court and there had been a pre-trial hearing the previous week. They had indicated at this hearing that they were unaware that there had been any structural deficiency with the retaining wall and believed that the problems were merely cosmetic. They arranged to have the masonry building inspector and a contractor meet at the property to discuss the necessary repairs to the wall. There had been on-going problems with the neighbor in that the adjoining neighbor would not grant access onto her property to make some of the repairs. He stated that the Housing Court hearing was continued to November 21. Chuck Votel, Public Health, presented a letter he had mailed to the property owner on September 5, 1996 outlining the hazardous condition of the retaining wall. Sharon Holmes, 1306 Danforth, appeared and stated that she was the adjoining property owner to this refauung wall. She had consistently asked Mr. Jones to repair the retaining wall and nothing had ever been done. As far as the issue of access onto her property, Mr. Jones had never requested access, however, she would be willing to grant such access to repair the wall. She believed that the wall was a hazard in that bricks have fallen onto her property. Lee Olson, Building Masonry Inspector, appeared and stated that he inspected the retaining wall and it was his opinion that the most dangerous portion was the section closest to the house on Danforth as the wall had shifted and appeared to be unsupported. He was concerned that any strong storm could knock the wall down and destroy part of the house. He believed that this portion of the wall needed to be replaced. He also recommended that the rainwater down spout from the rear of the Danforth property be moved to the :� front of the property as he believed this was a contributing factor to the instability of the wall. John Betz, Public Health, reviewed the records and outlined the dates that orders had been issued to make the repairs to the retaining wall. The owner failed to respond to the orders and as a result was issued a tag and had to appear in Housing Court. Gerry Strathman, Legislative Hearing Officer, stated that the wall clearly was hazardous and since it appeared this matter would require a substantial abatement process, that being an abatement over $3,000, he referred the matter back to Public Health. He laid the matter over to the December 3, 1996 Legislative Hearing. Minutes of Legislative Hearing November 5, 1996 � G ((.�(�O Page - 2 - 2. Summary Abatement appeal at 414 Earl Street; Gary Bain, appellant. Patty Ruey appeared on behalf of the property owner, Gary Bain. She stated that they were appealing the order to remove refuse, animal feces and a shed in the back of the yard. She explained that there was a � five foot fence surrounding the property and the yard was not visible to anyone unless they were actually in the yard. She indicated that the yard had been cleaned up of the animal feces and that most of the refuse had been removed. Concerning the shed, she explained that it had been damaged in a storm earlier in the year and they were in the process of making repairs and that removal of the shed would cause` an unnecessary hardship. Guy Willits, Public Health, stated that the property had been inspected on November 4 and the inspector indicated that the yard had been substantially cleaned up and that the owner had made initial repairs to the shed. Mr. Strathman stated that from the testimony, it appeared that progress had been made vn complying with the orders. However, since the shed was still in disrepair and some refuse still remained in the yard, he denied the appeal. He suggested that Public Health allow additional time for the shed to be repaired before taking further enforcement action. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1�2$ Maryland Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. He stated that HUD became owner of the property on August 15, 1996 and they were in the process of trying to sell the property. A code compliance inspection was done on September 13, 1996 and it was determined that the cost to repair the building would exceed the value of the property. The cost to demolish the building was approximately $10,000. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition. 4. Resolution ordering the owner to remove or repair the referenced building, located at 2�4 Euclid 5treet. 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 was condemned in May, 1996 as a result of a fire. They had received no contact from the property owner as to his intentions for the property. Three summary abatement orders had been issued and the city had to board the building. A code compliance inspection had not been completed nor had the bond been posted. The estimated cost to repair the building would exceed the value of the property and the cost to demolish was approximately $7,000. Joel Stephens, property owner, appeared and stated that there was a conflict with the insurance company and as a result, he had retained an attorney. It was his intention to repair the building once the matter was settled with the insurance company. He requested additional time to complete the repairs. Minutes of Legislative Hearing Q� ,���` November 5, 1996 `�' Page - 3 - Mr. Strathtnan stated that the building was an extreme hazard and he recommended approval of the order for demolition. 5. Resolution ordering the owner to remove or repair the referenced building, located at �Q Seventh Street W. 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 was a gas station owned by Amoco which had been vacant since December, 1990. He had spoken to a representative of Amoco who indicated that Sherman Rutzick was purchasing the property with the intent to use it as a coin-operated laundromat. There had been no contact from Mr. Rutzick concerning this matter. Public Health issued 10 summary abatements against the property for various nuisance violations. He pointed out that the building would need a certificate of occupancy as a commercial use and since they were unaware as to the intended use for the building, it was difficult to estimate the cost to make the repairs. The estimated cost to demolish was approximately $15,000. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition. 6. Resolution ordering the owner to remove or repair the referenced building, located at ¢.�5 i�'atson Avenue. 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 September, 1994 and they had issued eight summary abatement notices and also had to board the building. The registered vacant building fee had not been paid. A code compliance inspection was obtained on October 17, 1996 and the bond was posted on October 31, 1996 which bond would expire in April, 1997. The inspector noted that there had been progress in making repairs to the building. He suggested the property owner be given time to complete the necessary repairs. Gail Miller appeared on behalf of her son Nicholas Miller, the property owner. She stated that her son had met with the various inspectors to determine the amount of repairs to the building. She noted that there were structural problems with the building and her son had retained a structural engineer to make the necessary repairs. Her son had upgraded the electrical service and had replaced the roof. It was her son's intent to restore the building to a single family dwelling. Mr. Strathman stated that since a code compliance inspection had been completed and the $2,000 bond had been posted, he recommended the owner be given until April, 1997 to make the necessary repairs, however, the registered vacant building fee in the amount of$200 had to be paid by ednesday, November 13, 1996. Meeting adjourned at 10:50 a.m. Gerry S athman, Legislative Hearing Officer REPORT Date: November 5, 1996 ��(o-I y l � Time: 10:00 a.m. � Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer l. Summary Abatement appeal at 586 Wheelock Parkway; R. Allen Jones&Kazen Lehmann, appellants. Laid over in Legislative Hearing to December 3, 1996. , - 2. Sununary Abatement appeal at 414 Earl Street; Gary Bain, appellant. Legislative Hearing Officer recommended denying the appeal. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1328 Maryland Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 4. Resolution ordering the owner to remove or repair the referenced building, located at 934 Euclid ee . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 5. Resolution ordering the owner to remove or repair the referenced building, located at 1Q10 Seventh Street W. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 6. Resolution ordering the owner to remove or repair the referenced building, located at 651 Watson nue. 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 until April, 1997 to complete the repairs since a code compliance inspection had been done and the bond had been posted, however, the vacant building fee must be paid by Wednesday, November 13, 1996. � , � SAINT PAUL PUBLIC HEALTH Neal Holtan, rtiD., A�f.P.H., Direcror � ��.- Iyl � CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 6i2-198-4153 Norm Coleman, Mayor ' ENFORCEMFNP SSS Cedar Stree� Saint Paul, MN 55101-2260 � October 4, 1996 N.OTICE 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 hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 934 Euclid Street The City Council has scheduled the date of these hearings �as follows: Legislative Hearing - Tuesday, November 5, 1996 City Council Hearing - Wednesday, November 13, 1996 The owners and responsible parties of record aze: Name and Last Known Address Interest Joel E. Stephens Fee Owner Box 600125 St. Paul, NIN 5�106-0003 " Norwest Mortgage Mortgagee � 55 East Sth Street CO1111Cl� F�4� .�1 �t'ttQt` St. Paul, MN 55101 re: Joel E�. Stephens ��� 0 � ��� The legal description of this property is: Lot 14, EXCEPT the South 44 feet, A. Gotzian's Subd'n of Block�'7'v6�,:" ' � ""`�`^� Dayton's Add. � �� - lyf � 934 Euclid Street October 4, 1996 Page 2 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 responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied witti the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. 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. � incerely, a , �� �. � �.:� �..�.� 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