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96-1272 � �� -� � � , �� 4�� E � � w. Council File # � Green Sheet # � RESOLUTION NT PAUL, MINNESOTA �7 Presented B � 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 one-story, wood 3 frame dwelling and one-vehicle, detached, wood frame garage with accessory structures located on 4 property hereinafter referred to as the "Subject Property" and commonly known as 232 Cottage 5 Avenue West. This property is legally described as follows, to wit: 6 7 Lot 1, Block 5, Rice Street Villas Subdivision of Lots 8-10-12-13 and the East 275 8 feet of Lot 11, Walcotts Addition to Cottage Homes. 9 10 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 11 information obtained by Public Health on or before July 26, 1996, the following are the now known 12 interested or responsible parties for the Subject Property: Billy Joe House, 232 Cottage Avenue 13 West, St. Paul, MN 55117; Alliance Mortgage, Attn: Sarah Glisson, 4500 Salisbury Road, 14 Jacksonville, FL 32216; Shapiro & Nordmeyer, Nancy A. Nordmeyer, 7300 Metro Blvd, Ste. 390, 15 Edina, MN 55439-2306. 16 17 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 18 Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated 19 July 24, 1996; and 20 21 WHEREAS, this order informed the then known interested or responsible parties that the 22 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 23 24 WHEREAS, this order informed the interested or responsible parties that they must repair or 25 demolish the structure located on the Subject Property by August 8, 1996; and 26 27 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 28 this building(s) to constitute a nuisance condition; subject to demolition; and 29 30 WHEREAS, this nuisance condition has not been corrected and Public Health requested that 31 the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council 32 and the Saint Paul City Council; and 33 34 WHEREAS, the interested and responsible parties have been served notice in accordance 35 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the tune, date, place and 36 purpose of the public hearings; and 37 r, . , 2 f . . � � L_�a,�� 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, October 1, 1996 to hear testimony and evidence, and after receiving testimony 3 and evidence, made the recommendation to approve the request to order the interested or responsible 4 parties to make the Subject Property safe and not detrimental to the public peace, health, safety and 5 welfare and remove its blighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the altemative by demolishing and 7 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 8 demolition of the structure to be completed within fifteen (15) days after the date of the Council 9 Hearing; and 10 11 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 12 9, 1996 and the testimony and evidence including the action taken by the Legislative Hearing 13 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 conceming the Subject Property at 232 Cottage Avenue West: 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 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 . °�(.-��. 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 altemative 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. Yeas Navs Absent Requested by Department of: a e os rom uerin arrs s e ar e an B ��-C�.�� 'OZ�-�-�—� une Y� � O � � \� Form Approved by City Attorney Adopted by Council: Date � Adoption Certified by Council Secretary By: �� ' �%j�-5 � By� � • � Approved by Mayor for Submission to Approved by Mayor: Date D �� Cj Council L BY; �21. 1L �,,,eC,c� EY: �,l °��-�z�1� °��"�'T'"�° N_ 32555 �� Health o9- -96 �REEN SHEET _ � . _ _ r es Vo el 2 9 S-415 3 �'"�"T°�aECr°�� cm cou"�i� "�rt�� cm�rro�ev cmr c�c eE w t 1 �� euooer aR�4� ��N.a Mar.senv�cES aR. October 9, 1996 °"0� �ra+coR�sr� � TOTAL M OF SKiiNATURE Plt�i� (CLIP ALL IACATIONS FOR SKiNATURE) �aN�ouES1EO: City Council to pass this resolut�on which will arder the owner(s) to remove or repair th� refereaced building(s) . If the owner fa31a to comply with Che reeolution, Public Sealth is ordered to xemove the building. The subject property is located at 232 Cottage Avenue West. I�OOM�AEI�ATIONe:App►ow(A)w R�sC1(R) pER80NAL SERVICE CONTRACTS YU8T ANSWER 7HE FOLLOWINO�UESTIOI�q: 1., Hu this Ntkm swr workad unds�a oor►tr�ct forJha dsper6�l��1 V�L _PLANNMIO C�OAAMI8810N _GVIL 8ERVICE COMMISSNON Pef� _CIB COMMRTEE _ YE3 �NO 2: Has this pason/firtn ever bsen e cRy employss? S��? '� � 10.7C �8TAFF � YE8 NO �li� 0 _asTR�cr COUar _ a. ooes uds persor�ntrm pos�sss a dd��na rronn�r v�M+u+r��Y emobl+N? s�o�rsw�a+oou�-o�cnv�� Y�s �o MAYOR'S OFFICF Expl�i�all y�s an�w�rs on�nb�hNR�nd�tt�oh to�eNn sANt N�NI1IRNd0 PRCBLEMI.I�l1E�OPPARTUNITY(Who.VVhu.WMn�WMro.VYhY1. This building(s) is a nuieance buildiag(s) as defined in Chapter 45 and a vacant buflding as defined in Chapter 43 of the 3sint Paul Legislative Code. The owners, interested parties and reaponsible parties known to the Enforcement Officer were given an order ta regair or remove the building at 232 Cottage Avenue West by Auguat e, 1996, and have failed to comply with those orders. ADVANTAOES IFAPPROVED: The City will eliminate a nuisance. RfC �',V�� COUI1CI� F�S8Z�f6ft C�!'itlf , • SEP 17 1996 SEP 11 1� . •: �� Q�� D1811DVANT11f�E8 IF APPAOVED: The City will spend funds to v�r�eck and remove thi$ building,(s) . Theee Ccsts will be assessed to the property, collected as a s�ecial asaessment againet the property taxes. O�AD'WWTAGEB�NOT MPNdYED: A nuiaance ewndition will remain unabated in the City. This buildiag(s) will continue to blight the community. TOTAL AMOUNT OF TRANSACTION = CO3T/REVENUE sUDOETEO{GIRCLE ONE) YES NO FtlNDIHd SOURCE NLi�8�T1C@ HOZ181I1Q Abatement ACTIVITY NUMBER 33261 FNUMCIAL INFORMATION:(EXPL.AIN) SAINT PAUL PUBIIC HEALTH Neal Hol�an, M.D.. M.P.H., Director °l C.- 13'1�. CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 612-298-4153 Norm Coleman, Mayor - • ENFORCEMENT 555 Cedar Street Saint Paul, MN SSIOI-2160 � September 6, 1996 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 hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 232 Cottage Avenue West The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, October 1, 1996 City Council Hearing - Wednesday, October 9, 1996 The owners and responsible parties of record are: Name and Last Known Address Interest Billy Joe House Fee Owner 232 Cottage Avenue West . St. Paul, MN 55117 Alliance Mortgage Mortgagee Attn: Sarah Glisson 4500 Salisbury Road Jacksonville, FL 32216 Shapiro & Nordmeyer Foreclosure Attorney for Mortgagee Nancy A. Nordmeyer 7300 Metro Blvd, Ste. 390 Edina, MN 55439-2306 °1 c.-��. 232 Cottage Avenue West September 6, 1996 . Page 2 The legal description of this property is: Lot 1, Block 5, Rice Street Villas Subdivision of Lots 8-10-12-13 and the East 275 feet of Lot 11, Walcotts Addition to Cottage Homes. 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 with 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. cerely, ' '�.J � � � Reneta Weiss Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health � RW:mI cc: Jan Gasterland, Building Inspection and Design Philip Miller, City Attorneys Office . Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Marshall Dan Pahl, PED-Housing Division 9` - ia�a` REPORT Date: October 1, 1996 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING - Gerry Strathman � Legislative Hearing Officer 1. Resolutions ratifying assessment of benefits, costs and expenses for summary abatements for the following (laid over from 9/17/96 Legislative Hearing): J9609AA--Property clean up for May through mid July, 1996 J9609TDBC1--Property clean up for May through mid July, 1996 328 Lexington Pkwy (J9609TDBC1)--Legislative Hearing Officer recommended deleting the assessment. 1129 E. Minnehaha (J9609AA)--Legislative Hearing Officer recommended approval. 2. Resolution ordering the owner to remove or repair the referenced building, located at 5�8 Hatch ven . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 3. Resolution ordering the owner to remove or repair the referenced building, located at .�24 Milton treet . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended laying this matter over to the November 5, 1996 Legislative Hearing. 4. Resolution ordering the owner to remove or repair the referenced building, located at $74-878 Selbv Avenue. 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 days to repair the building provided a $2,000 bond is posted by October 9, 1996. 5. Resolution ordering the owner to remove or repair the referenced building, located at 2 W Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. Q � - Ia �a�, 6. Resolution ordering the owner to remove or repair the referenced building, located at 460 $eaumont Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Of�icer recommended approval. 7. Resolution ordering the owner to remove or repair the referenced building, located at�32 Cottage Avenue W. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. � Legislative Hearing Officer recommended approval. MINUTES OF LEGISLATIVE HEARING O� ��,� � October 1, 1996 Room 330, City Hall - Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health; Cathy Ries, Real Estate Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 1. Resolutions ratifying assessment of benefits, costs and expenses for summary abatements for the following (laid over from 9/17/96 Legislative Hearing): J9609AA--Property clean up for May through mid July, 1996 J9609TDBC1--Property clean up for May through mid July, 1996 323 Lexin on Pk�;�� Guy Willits, Public Health, reviewed the staff report and presented pictures of the property. The orders were posted on the property on June 28, 1996 and the order was mailed on July 2, 1996 with a compliance date of July 3, 1996. Mohammed Shahidullah, property owner, appeared and stated that he had not received a letter notifying him to cut the tall grass and weeds. It was his contention that he had cut the grass and the remainder of the lawn was not growing. Mr. Strathman stated that in looking at the pictures, it did not appear that the lawn was overgrown. He also did not believe that mailing the order on July 2 with a compliance date of July 3 was reasonable. He recommended deleting the assessment. 1129 E. Minnehaha No one appeared; recommended approval of the assessment. 2. Resolution ordering the owner to remove or repair the referenced building, located at �28_ Hatch Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report. He had been in contact with the Ramsey County Tax Exempt Office, owners of the property, and they indicated that they did not believe the building was salvageable. Mr. Strathman recommended approval of the order. 3. Resolution ordering the o«ner to remove or repair the referenced building, located at 1024 Milton Street N. If the o�iner fails to comply with the resolution, Public Health is ordered to remove the building. Minutes of Legislative Hearing �G — 1a� :� October 1, 1996 � Page - 2 - Mr. Votel reviewed the staff report. The property had been vacant since April, 1995 and was now owned by Ramsey County Trust Exempt. They had indicated that they believed the property was worth rehabilitating. The estimated cost to repair the building was $25,000 and estimated cost to demolish was $8,000. Brett Larson, Ramsey County Trust Exempt, appeared and stated that this property was scheduled to be placed for auction on October 23 and he had several interested parties who desired to purchase the property. He believed the building was salvageable. Mr. Strathman recommended laying this matter over to the November 5, 1996 Legislative Hearing. 4. Resolution ordering the o�;�ner to remove or repair the referenced build.ing, located at 74- 7 , el X Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. This was a commercial building which had suffered fire damage and was condemned in April, 1996. The estimated cost to repair the building was $50,000 and the estimated cost to demolish was $25,000. Jim Bergstrom, Liberty State Bank, appeared and stated that the bank had foreclosed on the property which took some time. He believed the building could be restored and they had found a potential buyer for the property and were willing to provide financing to afford the repairs. A code compliance inspection had been done on the property. Russell Hamilton, potential buyer of the property, appeared and stated that he had surveyed the building on more than one occasion and believed� the building was salvageable. He had intended to secure ownership some tune ago, however, there were problems with the title which prevented him from purchasing the property. Mr. Strathman recommended that the owner be granted 180 days to bring the building into compliance provided a $2,000 bond was posted prior to the Council meeting on October 9, 1996. 5. Resolution ordering the owner to remove or repair the referenced building, located at 712 Wells Street. If the o�;�ner fails to comply «�ith the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. He had been in contact with the owner and the owner was in agreement that the building should be demolished. The property owner did not appear. Mr. Strathman recommended approval of the order. 6. Resolution ordering the owner to remove or repair the referenced building, located at 4 ( Beaumont Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Minutes of Legislative Hearing -`M� `a�� October 1, 1996 � Page - 3 - Mr. Votel reviewed the staff report. The building was condemned in September, 1995. The estimated cost to repair the building was $20,000 and the cost for demolition was $10,000. James Geske, attorney representing the mortgage company Transamerica Financial, appeared and stated that the wananty deed conveying title to the present owner had never been recorded and they were not aware that there was a different owner of this property. The present owner had filed bankruptcy and the owner was advised not to sell the property to a potential buyer. He requested that this matter be continued. Nick Puente, representing the Railroad Island Task Force, appeared and presented a memorandum outlining the initiative of the Task Force. He also presented a petition with 32 signatures of the surrounding neighbors who wished to see the building demolished. The property had been seriously neglected and he believed it was not worth rehabilitating. Gordon-i3eitzman, neighboring property owner, appeared and stated that the property had been a continuous problem in the neighborhood and he wished to see the building demolished. Mr. Strathman recommended approval of the order. 7. Resolution ordering the owmer to remove or repair the referenced building, located at 232 C'ottage Avenue W. If the o«ner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The building had several add-on structures and was condemned in May, 1996. The current owner had not made any contact as to his intentions with the property. It was his opinion that it was not economically feasible to repair the building. The estimated cost to demolish the building was $7,300. Lawrence Zielke, representing Alliance Mortgage, appeared and stated that they foreclosed on the property on June 12, 1996 and the six month redemption period had not expired. He requested that they be allowed additional time to secure title to the property in order to convey it to HUD for re-sale. Delores Hartzell, neighboring property owner, appeared and presented pictures of the property. The property had been a continuing nuisance in the neighborhood and she and the neighbors wanted the building demolished. Mr. Strathman stated that he had received a phone call from a representative of the owner who indicated that he was unable to attend the meeting. He recommended approval of th orde � _ Meeting adjourned at 10:40 a.m. � Gerry Stra an, Legislative Hearing Officer