96-1417 ?a � Council File # ��„ - � � � r(
; . . . ..a
Green Sheet # 3 3 �
RESOLUTION
C F SAINT PAUL, MINNESOTA �Q'
,��.
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 two-story, wood
3 frame duplex with a detached, two-vehicle, wood frame garage located on property hereinafter
4 referred to as the "Subject Property" and commonly known as 1328 Maryland Avenue East. This
5 property is legally described as follows, to wit:
6
7 All of Lots 7 and 8 and the East 6 feet of Lot 9, Block 1, Kiefer-Park.
8
9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and
10 information obtained by Public Health on or before August 26, 1996, the following are the now
11 known interested or responsible parties for the Subject Property: H.U.D. Property Disposition, 220
12 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21nd Avenue South,
13 Richfield, MN 55423, Attn: Gene Johnson.
14
15 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the
16 Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated
17 August 21, 1996; and
18
19 WHEREAS, this order informed the then known interested or responsible parties that the
20 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
21
22 WHEREAS, this order informed the interested or responsible parties that they must repair or
23 demolish the structure located on the Subject Property by September 20, 1996; and
24
25 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring
26 this building(s) to constitute a nuisance condition; subject to demolition; and
27
28 WHEREAS, this nuisance condition has not been corrected and Public Health requested that
29 the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council
30 and the Saint Paul City Council; and
31
32 WHEREAS, the interested and responsible parties have been served notice in accordance
33 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and
34 purpose of the public hearings; and
35
36 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
37 Council on Tuesday, November 5, 1996 to hear testimony and evidence, and after receiving
38 testimony and evidence, made the recommendation to approve the request to order the interested or
39 responsible parties to make the Subject Property safe and not detrimental to the public peace, health,
40 safety and welfare and remove its blighting influence on the community by rehabilitating this
41 structure in accordance with all applicable codes and ordinances, or in the altemative by
42 demolishing and removing the structure in accordance with all applicable codes and ordinances.
43 The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the
44 date of the Council Hearing; and
�1(� � � � �`1
1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
2 November 13, 1996 and the testimony and evidence including the action taken by the Legislative
3 Hearing Officer was considered by the Council; now therefore
4
5 BE IT RESOLVED, that based upon the testimony and evidence presented at the above
6 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and
7 Order conceming the Subject Property at 1328 Maryland Avenue East:
8
9 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul
10 Legislative Code, Chapter 45.
11
12 2. That the costs of demolition and removal of this building(s) is estimated to exceed
13 three thousand dollars ($3,000.00).
14
15 3. That there now exists and has existed multiple Housing or Building code violations at
16 the Subject Property.
17
18 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible
19 parties to correct the deficiencies or to demolish and remove the building(s).
20
21 5. That the deficiencies causing this nuisance condition have not been corrected.
22
23 6. That Public Health has posted a placard on the Subject Property which declares it to
24 be a nuisance condition subject to demolition.
25
26 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings
27 Code Enforcement Program.
28
29 8. That the known interested parties and owners are as previously stated in this
30 resolution and that the notification requirements of Chapter 45 have been fulfilled.
31
32
33 ORDER
34
35
36 The Saint Paul City Council hereby makes the following order:
37
38 1. The above referenced interested or responsible parties shall make the Subject Property safe
39 and not detrimental to the public peace, health, safety and welfaze and remove its blighting
40 influence on the community by rehabilitating this structure and correcting all deficiencies as
41 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with
42 all applicable codes and ordinances, or in the altemative by demolishing and removing the
43 structure in accordance with all applicable codes and ordinances. The rehabilitation or
44 demolition and removal of the structure must be completed within fifteen (15) days after the
45 date of the Council Hearing.
46
`�L -� y �7
1 2. If the above corrective action is not completed within this period of time the Public Health,
2 Code Enforcement Program is hereby authorized to take whatever steps are necessary to
3 demolish and remove this structure, fill the site and charge the costs incurred against the
4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
5
6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all
7 personal property or fixtures of any kind which interfere with the demolition and removal
8 shall be removed from the property by the responsible parties by the end of this time period.
9 If all personal property is not removed, it shall be considered to be abandoned and the City
10 of Saint Paul shall remove and dispose of such property as provided by law.
11
12 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested
13 parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
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Adopted by Council• Date �a-v . �� �r{ Form Approved by City Attorney
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Adoption Certified by Council Secretary gy.
By: ��, � - �n���--� - Approved by Mayor for Submission to
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Approved by Mayor: Date
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���� Heal h lo- .�96N�� GREEN SHEET _N°_ 3.3 8 9 9
t PHqdE DEPARTMENT DIRECTOR NITUIWATE CITY COUNCII INITIAUDATE
, Gharles Votel 298-4153 � �e�N �cirr�rro�er cmc�.eau
M IL A(iEND11 BV(OA ) ROUTIN6� D(iET DIRECTOR �FIN.8 M(iT.SERViCE$DIR.
November 13 1996 �� "����"��"� ❑
TOTAL#t OF SKiNATURE PAQES (CUP ALL LOCATIONS FOR SIONATURE)
ACTION REGUESTED:
City Council to pass this resolution which will.,:order the cwner(s) to remove or r�pair 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 1328 Maryland
Avenue East.
pE��'�(A)p�(q� PER80NAl 8ERVICE CONTRACTS MUST ANSWER TNE F UEtT10Nd:
_PLANNM�O COMIAISSION _C1V0.BERVk:E OOMM18810N 1. Has tt��fa psreonflirm evsr worksd under a contraCt�tlNs �
_C�tAMbNTfEE _ YES NO OCd�
2. Has ihis pe►wNfirm ever besn e dty employes?
_STAFF _
—D18TR��� — YES NO �v /�
3. Does this person/firm posssst a skNl not normsqy pOSewwa�dM�mp�pyMQ
SUPPORTB WMICFI COUNCIL OBJECTIVE9 YE8 NO
Explsin all ya�n�wen on Np�nb�hN!�nd�ttaoh to qrwn�hNt
x�mimno�oe�.iasue.oPronruNmr�wrw,wn�e.wn.n.wi,sr..wnr).
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 Bnforcement Officer were given an order to
repair or remove the building at 1328 Maryland Avenue Baet by Segtembtr 20, 1996, and have
failed to comply with those orders. '
ADVANTAOffB IF APPRONED:
The City will eliminate a nuiaance. �����V��
OCT 09 �
�����
DISADVANTAGE8IF APPROVED:
The City will spend funda to wreck and remove this building(�} . Theee costs will be
assesaed to the property, collected as a special asseasment against the property taxes.
DIBADVANTAOES IF NOT APPRO�VED:
A nuisance condition will remain unabated in the City. Thie building(s) wfll continue to
blight the community.
b1�1� ��[t471 l�11�'
OCT 1 3 1996
TOTAL ANFOUNT OF TRANSACTION = COST/REVENUE BUD�iETEp(CIRCLE ONE) YES NO
� - � .
FUNDIWO SOURCE ACTIVITY NUMBER 33�6�
FlNANCIAL MFORMATION:(EXPLAIN)
MINUTES OF LEGISLATIVE HEARING • r ����
November 5, 1996 �4�
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 Parkwlv; 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
refairung 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 ont� 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
�iearing.
Minutes of Legislative�Hearing
November 5, 1996
Page - 2 -
2. Summary Abatement appeal at 414 Earl Street; Gary Bain, appellant. i
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 sunounding 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 on 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�
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 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 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 + �1�t�
November 5, 1996 � �
Page - 3 -
� Mr. Strathman 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 �010
��venth 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 �51
�'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 paic�. 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
��- � y i�1
REPORT Date: November 5, 1996
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 &Karen Lehmann, appellants.
Laid over in Legislative Hearing to December 3, 1996. . -
2. Summary 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 Marvland
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
Street. 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 1010 Seventh
et W. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Legislative Hearing Of�icer recommended approval.
6. Resolution ordering the owner to remove or repair the referenced building, located at 651 Watson
v u . 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.
, a .
SAINT PAUL PUBUC HEALTH
Neal Noltan,diD., M.P.H., Direc�or
`��-- I y I'�
CITY OF SAINT PAUL NUISANCE B(JILDINGS CODE 612-298-4153
Norm Coleman, Mayor • ENFORC£.MFM
SSS Cedar Sd+eet
Saint Pau1,MN SSI01-2260
w
October 4, 1996
NOTICE OF PUBLIC HEARINGS
Council President and �
Members of the City Council �
Saint Paul Public Health, VacanJNuisance Buildings Enforceifient 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:
. 1328 Maryland Avenue East
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 are:
Name and Last Known Address Interest
H.U.D. Property Disposition Fee Owner
220 Second Street South
Minneapolis, NIN 55401
Pham Express, Inc. Tax Payer
6531 21nd Avenue South
Richfield, MN 55423
Attn: Gene Johnson Cc���j�:l , ':'�,"'�''J�i �►6���1'
� ���r� o � ����
The� legal description of this property is:
� _.....___ .�.�... ��-,�<.��°
All of Lots 7 and 8 and the East 6 feet of Lot 9, Block 1, Kiefer-Park.
_ . }
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1328 Maryland Avenue East
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 etiminate 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 witYi 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.
S���rely,
: �..
'}� ���
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il, , ��� ,�� � � � ,
Renet Weiss �U �"�
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