96-1352 R`(� E � �� tJ - �� �\� 1��
COUriC7.1 Fll@ $k '� �
Green Sheet # 1
RESOLUTION
I OF SAINT PAUL, MINNESOTA �
Presented B ����
Y
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 dwelling and detached, two-vehicle, wood frame garage located on property hereinafter
4 referred to as the "Subject Property" and commonly known as 1036 Maryland Avenue East. This
5 �_ property is legally described as follows, to wit:
6
7 Lot 6, Block 4, Eastville Heights.
8
9 WHEREAS, based upon the records in the Ramsey County Recorder's Offce and
10 information obtained by Public Health on or before July 22, 1996, the following are the now known
11 interested or responsible parties for the Subject Property: Lapkwong Tsang & Hau Yin Tsang, 1022
12 Maryland Avenue East, St. Paul, MN 55106; Leader Federal, 5014 Poplar Avenue, Memphis, TN
13 38117; Knight & Hayano P.A., Darren Knight, 319 Barry Avenue Ste. 304, Wayzata, MN 55391-
14 1658.
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 July 18, 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 August 19, 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
36
� , :
q (. -135�
1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
2 Council on Tuesday, October 15, 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 1'he rehabilitation c�-�ex�tian of the structure to be completed within f�r€tee�5�j�days after the
9 date of the Council Hearin ; and o,e.. h�►�F°�����,h�r (,���)_
1� �Prc.v;c�,e_� � � �,C�=U I�c,r�c� i S pust�,. by�cS��. �3 1`t-•—
11 WHEREAS, a hearing was held before the Saint Paul City Council o Wednesday, October
12 23, 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 1036 Maryland Avenue East:
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
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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�-
7 of the structure must be completed within�eex��5j-days after the
8 date of the Council Hearing. �O r�c.. huv.a,re,�,e;�h ���e)
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.
Y� Navs Absent Requested by Department of:
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arris ✓
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une BY�
Adopted by Council: Date� � �� \qq(„ Form Approved by City Attorney
Adoption Certified by Council Secretary gy:
By: �L— a - , -�—�+ Approved by Mayor for Submission to
� �� Council
Approved by Mayor: Date
� � By: ��l�� �.�`-�
BY: ��-� ��'�.P�
9 �.-13.Ss. ✓
'" " ° N_ 3�559
���� �ea�th o9-2 -96 > �REEN SHEET _ _ . _ _ _
Charles Votel 298-4153 ,�- t �°E�"�►+T��m�� ��"�� ��T�va►�
W � cm�roa�r arr c�uc
IL BY( �� BUDdET DIRECT�OFi �FIN.8 MGT.�RVK:ES DIR.
October 23, 1996 °� �►�(��T�'1 Q
TOTAL�OF 8KiNATURE PD4tiES (CUP ALL LOCATIONS FOR 81GNATURE) _
AC710N�iEEOiJESTED:
City Council to pase this resolut�an which will order the owner(e) to remove or repair the
referenced building(s) . If the owner faila� to �cmply with the resolution, Public Hea1Ch
is ordered to remove the building. The e�bject property fa located at 1a3b Marylaad
Avenue Bast.
'�OY°(�)°f�(R) PERSONAL SERVICE CONTRACTS MUST MISMIER TNE FOL �TIONS:
_PI.ANNMrO cOMMlsBlor� _.cnllt sE1�rICE ooMrMSeaW . t. Has this peraon/Nrm ever worked arW�r a corqrect t�this d�N�l -
_C�OOMNNTTEE _ YES NO
—�„� _ 2. H..�,�.����a�,,�� SEP 3 O 1l�i
,�$ �
_0187AK:1'COURT 3. Does Mb psrsCn/firm pa�s A sidll rrot norrtaqY Poe�dg� 1
su�o�rrs wMia+�oe�cnvE� ,res No MAT���
' Explaln NI�ruu�n��on�nib�hut snd�tqich to On�n�M�t
INITY►TMIC�PWOOt.EM.�IJE.OPPOFtTUNITY(VNw.whu,v�R��wh�re.lMhY): �
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building
as defined ia Chapter 43 of the Saint Paul Legislative Code. The owuers, interested
parties and reaponsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 1036 Maryland Avenue East by August 19, 1996, and have
failed to comply with those orders. �
�ov�r�r�s��+ovEO:
The City will eliminate a nuisance. �ECE����
SEP 25 �s
�ORNEY
CITY A
D18AOYANTAGE8IF APPROVED:
The City will spend funde to wreck and remcve this building(s) . Theae costs will be
assessed to the property, collected as a special as�easment against the property taxes.
o�r�wr�s�rw��r�ovEO:
A nuisance condition will remain unabated in the City. This building(s) will continue to
blight the community. -
1� Re���dl C�
OCT 0 4 1996
TOTAL AMWlNT OF TRAIiiACT10N = COST/REVENUE Ol�(CIRC�!ONE) �.�` NO
v
FuNqNp sOUpCE Nuisance Housing Abatemeat /��Tiy�'ry NuMgEp 33261
FNiAWCU1L INFORMATION:(EXPLAIN)
MINUTES OF LEGISLATIVE HEARING
October 15, 1996 � ` "��5�'
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. Vehicle abatement at 33 . Marvland Avenue; Brad Merwin, appellant.
Guy Willits, Public Health, reviewed the staff report and presented pictures of the property. The vehicle
was an abandoned van that was undriveable and unlicensed.
Brad Merwin, property owner, appeared and stated that the van was used as a trailer and as an ice fishing
house. The vehicle was licensed and tabbed, however, they had been stolen from the vehicle. He
present�d a copy of the registration as verification. He also pointed out that the van was not visible from
the street and he had secured the vehicle so that it could not be entered.
Gerald Strathman, Legislative Hearing Officer, recommended granting the appeal..
2. Resolution ordering the owner to remove or repair the referenced building, located at $74
Beech Street. 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. The property was in foreclosure and the redemption
period had not yet expired. It was the mortgage company's intention to convey the property to HUD
within the next two months. It was the inspector's opinion that the cost to repair the building would exceed
the value of the property. The cost to demolish the building was $10,000.
The property owner did not appear.
Mr. Strathman recommended approval of the order.
3. Resolution ordering the owner to remove or repair the referenced building, located at 207-211
Winona Street. If the owner fails to comply vvith the resolution, Public Health is ordered to
remove the building.
Mr. Votel reviewed the staff report. The property was currently owned by Beneficial Loan & Thrift and
they were trying to sell the property. There had been 12 summary abatement orders issued against the
property and it was a complete nuisance to the neighborhood. A code compliance inspection had been done
in August, 1995, however, the inspector believed that the cost to repair the building would exceed the value
of the property.
Mr. Strathman recommended approval of the order to demolish.
4. Resolution ordering the o�vner to remove or repair the referenced building, located at 22�
Margaret Street. If the owner fails to comply with the resolution, Public Health is ordered
to remove the building.
Minutes of Legislative Hearing � `"��S�
October 15, 1996
Page - 2 -
Mr. Votel reviewed the staff report. The property was owned by HUD since March, 1996 and had been
listed for sale since that time. A code compliance inspection had been done in August, 1996. The
estimated cost to repair the building was $25,000 and the cost to demolish was $9,000.
The property owner did not appear.
Mr. Strathman recommended approval of the order.
5. Resolution ordering the owner to remove or repair the referenced building, located at 1�
M�land 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 April, 1996 and there had been
several summary abatements issued against the property. A code compliance inspection was done in
August, 1996 and he had been informed that the current property owners were trying to sell the property.
The estimate to repair the building was $25,000 and the cost to demolish was $8,D00.
Neil Schwartz, potential buyer, appeared and stated that he was a real estate appraiser, a truth-in-housing
inspector and was in the process of obtaining his contractor's license. It was his intention to purchase the
properry, repair it and he already had a potential buyer for the property. He stated that he would post the
necessary bond and requested he be allowed six months to make the necessary repairs.
Mr. Strathman recommended that the potential owner be granted 180 days to repair uilding provided
he post the $2,000 bond by Wednesday, October 23, 199 .
Meeting adjourned at 10:30 a.m.
�t
Gerry Stra an, Legislative Hearing Officer
` ' SAINT PAUL PUBUC HEALTH n� _���
A'ea!Ho11an. A�1.D., M.P.H., Direc�or �'�
CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 6l2-298-4153
Norm Coleman, Mayor - • E��'FORCEMF.I�T
555 Cedar Street
Sarnt Pwl, MN 5510/-2160
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September 20, 1996 S�
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:
1036 Maryland Avenue East
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, October 15, 1996
City Council Hearing - Wednesday, October 23, 1996
The owners and responsible parties of record are:
Name and Last Known Address Interest
Lapkwong Tsang & Hau Yin Tsang Fee Owner
1022 Maryland Avenue East �
St. Paul, NIN 55106
Leader Federal Mortgagee
5014 Poplar Avenue
Memphis, TN 38117
Knight & Hayano P.A. Attorney for Fee Owners
Darren Knight
319 Barry Avenue Ste. 304
Wayzata, MN 55391-1658
. 9� - I 35�-
1036 Maryland Avenue East
September 20, 1996
Page 2
The legal description of this property is:
Lot 6, Block 4, Eastville Heights. ' �
Saint Paul Public Health has declazed 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,
f v
�� Q �� )
�"'�0
� eta Weiss
Program Supervisor
VacantlNuisance Building Unit
Saint Paul Public Health
RW:mI
cc: Jan Gasterland, Building Inspection ar.d Design
Stephen Christie, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccard, Fire Mazshall
Dan Pahl, PED-Housing Division