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96-1036 f` � f ; ' : p �� r� ' , ',� ;'-�� p council File # �,(e— ��3� Green Sheet # � �S �S ESOLUTION SA T L, MINNESOTA S3 Presented By Referred To Committee: Date 1 WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings 2 to consider the advisability and necessity of ordering the repair or wrecking and removal of a two- 3 story, wood frame dwelling located on property hereinafter referred to as the "Subject Property" and 4 commonly known as 775 Buttemut Avenue. This property is legally described as follows, to wit: 5 6 The West 1/2 of Lot 29, Block 2, River Side Addition to St. Paul, Minn. 7 8 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 9 information obtained by Saint Paul Public Health on or before June 12, 1996, the following are the 10 now known interested or responsible parties for the Subject Property: Eugene J. Schornack, c/o 11 Bethel Care Center, 420 Marshall Avenue, St. Paul, MN 55102; Bethel Care Center, 420 Marshall 12 Avenue, St. Paul, MN 55102, Attn: Administrator. 13 14 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 15 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance 16 Building(s)" dated June 10, 1996; and 17 18 WHEREAS, this order informed the then known interested or responsible parties that the 19 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 20 21 WHEREAS, this order informed the interested or responsible parties that they must repair or 22 demolish the structure located on the Subject Property by July 10, 1996; and 23 24 WHEREAS, the enforcement off'icer has posted a placard on the Subject Property declaring 25 this building(s) to constitute a nuisance condition; subject to demolition; and 26 27 WHEREAS, this nuisance condition has not been conected and Saint Paul Public Health 28 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the 29 City Council and the Saint Paul Ciry Council; and 30 31 WHEREAS, the interested and responsible parties have been served notice in accordance 32 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 33 purpose of the public hearings; and 34 35 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 36 Council on Tuesday, August 20, 1996 to hear testimony and evidence, and after receiving testimony 37 and evidence, made the recommendation to approve the request to order the interested or responsible 38 parties to make the Subject Property safe and not detrixnental to the public peace, health, safety and 39 welfare and remove its blighting influence on the community by rehabilitating this structure in 40 accordance with all applicable codes and ordinances, or in the altemative by demolishing and 41 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 42 demolition of the structure to be completed within fifteen (15) days after the date of the Council 43 Hearing; and � (�- Ic�3 � 1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 2 28, 1996 and the testimony and evidence including the action taken by the Legislative Hearing 3 Of�cer 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 Ciry Council hereby adopts the following Findings and 7 Order concerning the Subject Property at 775 Buttemut Avenue: 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 T'he Saint Paul City Council hereby makes the following order: 36 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 welfare 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 Qc�— �� 1 2. If the above corrective action is not completed within this period of time the City of Saint 2 Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take 3 whatever steps are necessary to demolish and remove this structure, fill the site and charge 4 the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of 5 the Saint Paul Legislative Code. 6 7 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 8 personal property or fixtures of any kind which interfere with the demolition and removal 9 shall be removed from the property by the responsible parties by the end of this time period. 10 If all personal property is not removed, it shall be considered to be abandoned and the City 11 of Saint Paul shall remove and dispose of such property as provided by law. 12 13 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 14 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. ��' � � � �� .`' Yeas Navs Ab�sZ,ent4 Requested by Department of: a e ostrom � uerin � arris e ar ettman � une � BY� �— Adopted by Council: Date � Form Approved by City Attorney Adoption Certified by Council Secretary B Q�� Y� By� pproved by Mayor for Submission to Approved by Mayor: Date l� Council �/[// ,,�/��R BY: `l�<< .�� BY: °� L' y��V'�^'V'J � �- 103� �� Health o�-a 96"� ° �REEN SHEET �° _3 2 5 3 5 DER�RTAAENT DIRE �Nm�� C�uNC� INITIAUDATE (.'i13Y'Ze8 vOte�. 298-4153 /� � � ��yATTORNEY �/1/� � CITYCLERK tJv ,,,:,� IL { �� BUDOET DNiECTQR ---�-�r- ��.a Mor.sErrv�e um. August 28, 1996 °�� "��+�ST��1 ❑ TOTA�#►�SKiNATURE PAti�S (CLIP ALL LOCATIONS FOR SItiNATURE) ACTION REOtJE8TED: City Council to paes this resolution which will order the owner(s) to remave or repair the referenced building(e) . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The aubject property is located at 775 Butternut Avenue. RECOMIAE1�11TION8:Approw(Al o►Aej�Ot(Rl PER�ONAL SERVtCE CONTRACTS MUST ANSWER TNE F��Wi��:,.�IJ • _P�ANrYNO CO�AM18810M _CIVIL 8ERVIC6 COF1�A18810N 1. Has MMi pNSONNrm�ver worked under a cWltf�ct for Mlls _C�CAMMITTEE _ YE8 NO 2. Has this psrsoNNrm ever besn a dty srtK�loyss,? AUG �6 �7p —$T� — YES NO • _Di8T1iiCT c�uR'r _ 3. �this pereonMirm poseses e skill not normepY P�d bY�Y��Y�� suPPO�rs w�aa+couNC�oe,�crrvE� rES No MAY017'S OF�'!C� Ezplaln all y�s answ�n on��b d�t and att�ah to yrun�Ma�t INITIATN�Ki PR09LB�A��SUE.OPPORTUN�TY(YVho.Wh�t,Whsn.VVh�re�WhY1. 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 pa�ties and responaible parties known to the Enforcement Officer were given an order to repair or remove the building at 775 Butternut Avenue by suly 10, 1996, and have failed to comply with those orders. AD'VANTII�EB�APPROVED: The City will eliminate a nuisaace. �RE�E�V�� . JU� 3� � �Q�� C�� ois�ov�wr�ors�u�avE�: The City .will apend funds to wreck.and remove this building(s) . These coats will be assessed to the property, collected as a special assesament against the propert�r: taxes. �ounC� ResearCh L'� �►u� 1 � � WBAOVAt7TA0ES IF NCr APPAO'VEO: y� . ,M�r""�r' . A nuisance condition will remain unaba�he City. This building(a) will continue to blight the community. TDTAL AMOUNT OF TRANSACTION • � � COST/REVENUE 9UDOETHO(CtRCLE ONEj YES NO �p�pp gp�� N�i s�nce Ho�inc Ahatement ACTIVITI/NUMBER 33261 FlNANdAL INFORMATION:(EXPlA1N) , SAINT PAUL PUBUC HEALTH Neal Xol�mr,MD., MP.H., Dtreclor �i ( _ f b 3� l e ! CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 6/2-298-4153 Norm Coleman, Mayor ENFORCF.MFM SSS Cedar Sbttt Saint Paul,AQV SSI01-2260 ��.a July 26, 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: 775 Butternut Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, August 20, 19�6 City Council Hearing - Wednesday, August 28, 1996 The owners and responsible parties of record aze: Name and Last Known Address Interest C�� . ��r� ��r Eugene J. Schornack Fee Owner JU� 31 IJ�6 c/o Bethel Caze Center • 420 Marshall Avenue St. Paul, MN 55102 , Bethel Care Center Care provider for Fee Owner 420 Mazshall Avenue St. Paul, MN 55102 Attn: Administrator The legal description of this property is: The West 1/2 of Lot 29, Block 2, River Side Addition to St. Paul, Minn. c� �_ to3� � 775 Butternut Avenue July 26, 1996 Page 2 � City of 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. Sincerely, � Chazles A. Votel • Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV:mI cc: Jan Gasterland, Building Inspection and Design Philip Miller, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 01-93 � �_ �� 3� Legislative Hearing Report August 20, 1996 _ Page - 2 - , 6. Resolution ordering the owner to remove or repair the referenced building, located at 773 Butternut Avenue. 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 775 Butternut Ave ue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 8. Resolution ordering the owner to remove or repair the referenced building, located at 710 Da,� Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 9. Resolution ordering the owner to remove or repair the referenced building, located at 1024 Case Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 10. Resolution ordering the owner to remove or repair the referenced building, located at 891 ConwaX Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. q�� -- ��s� MINUTES OF LEGISLATIVE HEARING August 20, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer ' STAFF PRESENT: Mike Budka, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Estate Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (laid over from July 16, 1996 Legislative Hearing): J9607V2--Towing of abandoned vehicles from property from June through December, 1995 950 Fuller Avenue Guy Willits, Public Health, reviewed the staff report and presented a picture of the property. Nina Zachary, 126Q Ashland Avenue, owner of the property, appeared and stated that she had not received notice to remove the vehicle. She had spoken with the tenant the previous day and the tenant acknowledged that the vehicle had belonged to her daughter-in-law. She requested that the amount of the assessment be reduced. Mr. Strathman recommended approval of the assessment. 2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following: J9608B--Boarding up of vacant buildings for March, 1996 J96081B-Boarding up of vacant buildings for April, 1996 J9608C--Demolition of vacant buildings for April, 1996 Mr. Strathman recommended approval of the assessments. 3. Resolution ordering the owner to remove or repair the referenced building, located at 4� Maryland Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mike Budka, Public Health, reviewed the staff report. The building was condemned in November, 1995 and had been vacant since February, 1996. The Veteran's Administration was the current owner of the property and they had received no indication from them as to their intention for the property. The estimated cost to repair the building could exceed its market value. The cost to demolish was $6,400. The property owner did not appear. Mr. Strathman reviewed a letter received by Public Health from a party interested in purchasing the property. Since the necessary conditions were not met, he recommended approval of the order for demolition. - Minutes of Legislative Hearing � August 20, 1996 � � � � � � Page - 2 - 4. Resolution ordering the owner to remove or repair the referenced building, located at �7,� Kent Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Budka reviewed the staff report. The building had been vacant since December, 1995 and there had been three summary abatement orders against the property. The cost to repair the building was estimated to be $40,000; the estimated cost to demolish was $6,200. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition. 5. Resolution ordering the owner to remove or repair the referenced building, located at I 1 Sfreet. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. - Mr. Budka reviewed the staff report. The building was condemned in February, 1996 and had been vacant since May, 1996. The current owner was Marlin Schienbein and the property was in foreclosure by the mortgage company. A code compliance inspection was done on July 23, 1996, however, the bond had not been posted and no permits had been obtained. The estimated cost to repair the building was $30,000 and the estimated cost to demolish was $6,200. Beth Asmussen, attorney representing Long Beach Mortgage Company, appeared and stated that the property had been purchased at a sheriff's sale on August 14, 1996. Since the property had been abandoned, they were in the process of applying for an order to reduce the redemption period from six months to five weeks. A property assessor was examining the building to determine whether the property was salvageable. She requested an extension of time to allow the assessor to make a determination on the property. Robert Rutherford appeared and stated that he was interested in purchasing the property. He had tried to contact the property owner to relay his interest in purchasing the property and was unsuccessful in his attempt. Sandra Levine, WSCO, appeared and stated that she was aware of two other individuals who were interested in purchasing the property and she believed the property should be saved. Mr. Strathman recommended allowing 180 days to repair the building if the bond was posted by the Council meeting on August 28, 1996. 6. Resolution ordering the owner to remove or repair the referenced building, located at 77 Butternut Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Budka reviewed the staff report. The building was condemned in November; 1995 and had been _ vacant since that time. The current property owner was Eric Johnson. The estimated cost to repair the Minutes of Legislative Hearing �� — � � 3 �" August 20, 1996 Page - 3 - building was more than the market value of the property. The estimated cost for demolition was $7,200. The property owner did not appear. Betty Moran, West 7th Street Federation, appeared and stated that no work had been done to the building and it was a blighting influence on the neighborhood. She encouraged demolition of the building. Barb Benson, 777 Butternut, appeared and stated that the building was unsecured in that the windows were open and the stench from the building could be smelled from the street. She had witnessed children playing in the yard on several occasions and feared they would enter the building. The property was not being maintained and she encouraged demolition of the building. Mr. Strathman recommended approval of the order for demolition. 7. Resolution ordering the owner to remove o� repair the referenced building, located at 7� Butternut Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Budka reviewed the staff report. The property owner was living at the Bethel Care Center and was no longer able to maintain the property. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition. 8. Resolution ordering the owner to remove or repair the referenced building, located at 71 Davton Avenue. If the owner fails to comply with the resolution, PubGc Health is ordered to remove the building. Mr. Budka reviewed the staff report. The building was condemned in January, 1995 and had been vacant since February, 1995. The property owner was now deceased. The estimated cost to repair the building was $70,000 and the estimated to cost to demolish was $9,500. Kathy Goddard, attorney representing the estate, appeared and stated that a purchase agreement was entered into on June 23, 1996, however, the potential buyers were not approved for financing. At this point in time, they were unable to find other suitable buyers of the property. She requested additional time to market the property. Archie Stulc, Jr., son of decedent, appeared and stated that the potential buyers had informed him that they had posted the bond to begin work on repairing the building. He subsequently discovered that the bond had not been posted. Aaron Rubenstein, Heritage Preservation Commission, appeared and stated that the property was located in the historic hill preservation district. Many of the buildings in the neighborhood had been rehabed and _ it was his opinion that this property should be saved. Minutes of Legislative Hearing � �` l�� August 20, 1996 Page - 4 - Mr. Strathman stated that the building appeared to be in a serious state of disrepair. He recommended approval of the order for demolition. 9. Resolution ordering the owner to remove or repair the referenced building, located at 1 2�4 Case Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Budka reviewed the staff report. The property was owned by HUD and there had been no contact as to their intentions on the property. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition. 10. Resolution ordering the owner to remove or repair the referenced building, located at $21 Conway Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. � Mr. Budka reviewed the staff report. The property was owned by the State of Minnesota Trust Exempt and there had been no contact as to their intentions for the property. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition. Meeting adjourned at 10:35 a.m. erry St thman, Legislative Hearing Officer