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96-1273 rJ � . ; Council File # ��e� '� 1 3 Green Sheet # ��Ss3 RESOLUTION F SAINT PAUL, MINNESOTA � Presented By Referred T 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 located on property hereinafter referred to as the "Subject Property" and commonly 4 known as 598 Hatch Avenue. This property is legally described as follows, to wit: 5 6 Lot 13, Blokc 14, Como Prospect Addition. 7 8 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 9 information obtained by Public Health on or before July 19, 1996, the following are the now known 10 interested or responsible parties for the Subject Property: State of Minnesota Trust Exempt, 620B 11 Government Center West, 50 Kellogg Blvd. West, St. Paul, MN 55102; First Trust, Legal 12 Department, Ste. 495, 350 Robert Street North, St. Paul, MN 55101; Ann P. Hipp, 195 East Fifth 13 Street Apt. 504, St. Paul, MN 55101; Valley Paving Inc., 8800 13th Avenue East, Shakopee, MN 14 55379; Curt Potts (Currency Exchange), 981 Payne Avenue, St. Paul, MN 55101; Charles 15 Guggenberger, 1011 Argyle Street, St. Paul, MN 55103. 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 15, 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 14, 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 conected 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 .� °1c. - 1a� 3 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on �esday, 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 communiry by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternative 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 concerning the Subject Property at 598 Hatch Avenue: 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 qc. • �a �� 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. Yeas Navs Absent Requested by Department of: a e os rom uerin ✓ arri s f e ar e tman � p une BY= -/�l ��--'�--�. _� Adopted by Council: Date � ,��- , q �°�q� Form Approved by City Attorney T"` � /� Adoption Certified by Council Secretary BY: ��,�L/�--- ��CJ � BY� � - Approved by Mayor for Submission to Approved by Mayor: Date p Council By: / "� ((� �� By: 1 UL �- J ��~t�� Y �� 8ealth 09-0 �96N D �r71REEN SHEET _N°_ 3 Z'�5 3 r ea Votel 298-4153 - °Er�"Ern'°"�ECro��m�� cmcouNCn �� CITY ATTORNEY �1�� CITY CLERK MU IL ( p�jp� BUDOET DIRECPOR �FIN.i MOT.SERVICEB DIR. October 9, 1996 �"D� �►�(�� TOTAL�OF SK#N�TtIR�P�iEB • (CUP ALL LOCATIONS FOR SIGNATURE) ACTION RECUEBTED: City Council to pass this resolut�on which will order the owaer(s) to remove or repair the referenced building(s) . If the owner €aila to comply with the reaolution, Public Health is ordered to remove the building. The subject property is located at 598 Hatch Avenue. �T1�18:Approw(A)a Ry�ot(R) PBRSONAL SERVICE CONTRACTS NUST ANSYYER TME FOLL��IpN18: _w.Mwa+c�c;o�ieeiow _CIVIL eERV1t,E OOhn�1,8810N 1. Has U�is psrsorNkm sver worked under a Conhact for this d�p�rbn�nt4 - _qs Co�m� — 2. H�a tlds�P�►soNlhm ever bson a dty empiayse? S EP 16 �� —� — �$ � `WBTRICT COUai 3. Does 1Ms MreoNfirm poas�a a skiN rat nonn�Ny posousad�htia�v�NMllr1' " � SUPPORT8 NMK�1 COIx�IL OB�IECflvE9 ' YE8 NO •�ntiTV 1'�' � Expldn�B rit answen on a�pKab aM�t�nd athoh tO��sM�t �"�i �� s • is a�0n'u�sAn"��"�u�"4`�ing(s) ae deffned in Chapter 45 and a vacant building aa defined in Chapter 43 of the Saint Paul Legislative Code. The ownerm, intere�ted parties and responsible parties known to the Enforcement OfficBr we�re gfven an order to repair or remove the building at 598 Hatch Avenue by Auguet 14, 1996, and have failed to comply with those orders. ACVANTAGEB�APMiOVED: The City will eliminate a nuieance. ��irD SEP111� ��1t A�C�Rt�EY DISADV IF The C�isty w�l �spend funds to wreck and remove thi8 building(s) . These costs will be assessed to the p�operty, collected as a special assessment -against �he property taxes. CounCii f�esearc� C�#K SEP 17 1996 a��o: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the cca�nunity. ��A�u��A�� _ $5,000 - $6,000 COST/REVENUE StlDQETED(CIRCLE OME) YES NO Nuisance Housing Abatement 33261 FIJNWNA tOURCE ACTIVITY NUMdER FINAI�IAL INFORMATION:(EXPLAIN) � SAINT PAUL PUBUC HEALTH Neal Holtan, M.D., M.P.H., Director � �.•��13 CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 612-298-4/53 Norm Coleman, Mayor - ENFORCEMEIVT SSS Cedar Stree! Sainr Paul, MN SSI01-1260 � 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 heazings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 598 Hatch Avenue 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 State of Minnesota Trust Exempt Fee Owner 620B Government Center West 50 Kellogg Blvd. West �t. Paul, MN 55102 First Trust Judgment Creditor Legal Department, Ste. 495 350 Robert Street North St. Paul, MN 55101 °l �. -1a� 3 598 Hatch Avenue September 6, 1996 Page 2 Name and Last Known Address Interest Ann P. Hipp Judgment Creditor 195 East Fifth Street Apt. 504 St. Paul, MN 55101 Valley Paving Inc. Judgment Creditor 8800 13th Avenue East Shakopee, NIN 55379 Curt Potts (Currency Exchange) Judgment Creditor 981 Payne Avenue St. Paul, MN 55101 Charles Guggenberger Power of Attorney for 1011 Argyle Street Previous Fee Owner St. Paul, MN 55103 The legal description of this property is: Lot 13, Block 14, Como Prospect Addition. 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 cesponsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). �l l.-�a�l 3 598 Hatch Avenue September 6, 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 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. erely, � � � � 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-Hvusing Division • 9G - �� 3 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 (J9609TDBC 1)--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 598 Hatch Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Of�icer recommended approval. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1024 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 874-878 Selbv ue. 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 Wells t ee . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 9G - iz � � 6. Resolution ordering the owner to remove or repair the referenced building, located at 460 Beaumont tre . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 7. Resolution ordering the owner to remove or repair the referenced building, located at�32 Cottage �venue W. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. � Legislative Hearing Offcer recommended approval. MINUTES OF LEGISLATIVE HEARING � October 1, 1996 O f`�`.��,J 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 328 Lexin on Pk�� Guy WilTits, 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. Strathrnan 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 5�. 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 owner fails to comply with the resolution, Public Health is ordered to remove the building. Minutes of Legislative Hearing � � �� a�3 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 owner to remove or repair the referenced building, located at 74- 7 �1i,�, A�enue. 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, Liberry State Bank, appeared and stated that the bank had foreclosed on the property which took some ti.une. 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 o«�ner to remove or repair the referenced building, located at 712 Wells Street. If the owner fails to comply with 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 o��vner to remove or repair the referenced building, located at � Beaumont Street. If the o�i�ner fails to comply with the resolution, Public Health is ordered to remove the building. Minutes of Legislative Hearing � `•��3 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 properiy 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�-ieitzman, 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 owner to remove or repair the referenced building, located at 232 C'ottaage 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 ��as unable to attend the meeting. He recommended approval of th orde Meeting adjourned at 10:40 a.m. % Gerry Stra an, Legislative Hearing Officer