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96-1042 � � t � ' s ` Council File # � �—�� R \:. � . ' � � , < < t � < ;...., Green Sheet # 3 a s �} RESOLUTION OF SAINT PAUL, INNESOTA s� � 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 one- 3 story, wood frame dwelling and single stall garage located on property hereinafter referred to as the 4 "Subject Property" and commonly known as 443 Maryland Avenue East. This property is legally 5 described as follows, to wit: 6 7 Lot 11, Block 1, Thomas' Subdivision of Lot One (1) of Bass' Acre Lots. 8 9 WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and 10 information obtained by Saint Paul Public Health on or before June 19, 1996, the following are the 11 now known interested or responsible parties for the Subject Property: Donna Kapaun, 2499 Rice 12 Street #120, St. Paul, MN 55113; Secretary of VA, Loan Guaranty Division, Whipple Federal 13 Bldg. #8, St. Paul, MN 55111; Alan S. Hilderman, 2309 lOth Street, White Bear Lake, MN 14 55110; Kathleen A. Busch, 443 Maryland Avenue East, St. Paul, MN 55101; St. John's of Little 15 Canada Credit Union, 400 Little Canada Rd East, Little Canada, MN 55117, Re: Kathleen A. 16 Busch (mortgage); Source One Service, 27555 Farmington Rd., Farmington HIlls, MI 48334; 17 District Director of the IRS, 316 Robert Street North, St. Paul, MN 55101, Re: Alan S. 18 Hilderman; State of Minnesota, State Tax Lien Dept., 10 River Park Plaza, St. Paul, MN 55107, 19 re: Alan S. Hilderman; First Bank, White Bear Lake N.A., 4700 Clark Avenue, White Bear Lake, 20 MN 55110, Re: Alan S. Hilderman judgment. 21 22 23 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 24 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance 25 Building(s)" dated May 31, 1996; and 26 27 WHEREAS, this order informed the then known interested or responsible parties that the 28 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 29 30 WHEREAS, this order informed the interested or responsible parties that they must repair or 31 demolish the structure located on the Subject Property by July l, 1996; and 32 33 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 34 this building(s) to constitute a nuisance condition; subject to demolition; and 35 36 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health 37 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the 38 City Council and the Saint Paul City Council; and 39 40 WHEREAS, the interested and responsible parties have been served notice in accordance 41 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 42 purpose of the public hearings; and � s '-� i , ` 3 ,. ! k . � ��: �._.r ��- �� I � 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, August 20, 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 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, August 12 28, 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 443 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 aze as previously stated in this 40 resolution and that the notification requirements of Chapter 45 have been fulfilled. 41 42 ORDER 43 44 The Saint Paul City Council hereby makes the following order: 45 46 � _ ' ;, � `�� I� �0� � 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 conecting 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 conective action is not completed within this period of time the City of Saint 11 Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take 12 whatever steps are necessary to demolish and remove this structure, fill the site and charge 13 the costs incuned against the Subject Property pursuant to the provisions of Chapter 45 of 14 the Saint Paul Legislative Code. 15 16 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 17 personal property or fixtures of any kind which interfere with the demolition and removal 18 shall be removed from the property by the responsible parties by the end of this time period. 19 If all personal properry is not removed, it shall be considered to be abandoned and the City 20 of Saint Paul shall remove and dispose of such property as provided by law. 21 22 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 23 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yeas Navs Absent Requested by Department of: a e ostrom uerin arris e ar � e man r�� e�, une BY� �- Form Approved by City Attorney Adopted by Council: Date C Adoption Certified by Council Secretary gY�\c?�.� lC,.. �� By� ,�f�.��=�_--- � Approved by Mayor for Submission to Approved by Mayor: Date � C/��p Council B °� By: UV� l` -�i��w�J Y� Ct C,-lr�4.-9-� �� Health �-26 96�"��" �REEN SHEET �° 3�5 41 r e a o e 2 9 8-4153 pE��o� ��"�DAre �� x�m,�uo�►rE � cm�rron�ev � 9 cm c�RK � ( ) �FOR euo�er rnpECror� �Fla.a�s�avicES oin. August 28, 1996 � �►`�t��t�h � TOTAL#OF SKiNATURE P�GES ' ' (CLIP ALL LOCATIONS FOR 8KiNATUR� �c7ioN nEOUESreo: City Council to pass this resolution which will order the owner(s) to rec�ve or repair the referenced building(s) . If the owner fails to comply with the resolution, Publie Health is ordered to remove the building. The subject property is located at 443 Matyl:and Avenue 8ast. :Approw IA)a Fly�ot(R) PERSOI�IAL SERYICE CONTRACTS MUST ANSWlR TliE FOLLOWINQ OUE�YIONt: _PuNNarO COM�t�88�ON _C1VIl SERVICE COMM18810N 1. Hu 1Ms parson/firm sver w�rked u�dsr e conbac.�t for tlds daperl�t� _CIS OOMMIT�EE _ YES 'NO —� — 2. Has ffiis YEpsrson/8rm O bssn e dtY�Pb'Yee,? A V V �6 _D187A1CT COURT _ 3. Does this psrson/Nrm posseN a sldll not rartneRY Do�sd bY emY anvr�t ollY smploy�? su�PO�'rs w��oa�nve� ��a�n a��yY.E..n.w.n o�s�p�raa sn«e.na m�ot�eo��OF�ICf �rtur�rro Pnoe�.�.oPPO�ru�m�who.wne�,wn.n,wn.rs.wnrf: This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant l�ilding as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, ir�ttereated. parties and responsible parties known to the I3nforcement Officer were given an order to repair or remove the building at 443 Maryland Avenue East by July 1, 1996, and have failed to comply with those orders. . ACVANTAOEB IF APPRONED: The City will eliminate a nuisance. ��E��ED JUL 3p � Cli'Y ATtOR NEY ��: The City .will spend funde to wreck and remove this building(s) . These costs will be. asseased to the property, collected aa a special assesament against the property taxes. (;Ot�tiCd RSS6��t�1 C�1' AU G 12 1996 DI�ADVANTAOES IF NOT APPROVED: —� A nuisance condition will remain unabated in the City. Tlzis building(s) will contiaue to- blight the community. � TOTAL AMOUNT OF TRANSACTION �.,�,syr ^.�_� ^^�w_ COET/REVENUE BUDOBTEO(CIRCLE QNE) YES NO FUNDINO sWlRCE NLi18ai1Ce HOU81I1Q Abatement ACTIVITY NUMOER 33261 FlNANCIAL INFORMATION:(EXPLAIN) � . SAINT PAUL Pl78LIC HEALTFi Nea!Hollan, M.D., M.P.N., Director � �-��f a-- CITY OF SA�NT PAUL NUISANCE BUILDINGS CODE 612-298-4153 Norm Coleman, Mayor ENFORCEMENT 555 Cedar Streel Saint Paul,MN SS101-2260 � July 26, 1996 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, Vacarrt/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: 443 Maryland Avenue East 'I'he City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, August 20, 1996 City Council Hearing - Wednesday, August 28, 1996 The owners and responsible parties of record are: Naine and Last Known Address Interest Donna Kapaun Mortgagee (��I ?��R*,�� r 2499 Rice Street #120 St. Paul, MN 5 5113 J U L � 1 ��5 Secretary of VA Mortgagee Loan Guaranty Division _._______,�..____.,r.. ----�-' Whipple Federal Bldg. #8 St. Paul, MN 55111 Alan S. Hilderman Coiltract for Deed holder 2309 lOth Street `�hite I3ear Lake, MN 55110 a (,- loy a-- 443 Maryland Avenue East July 26, 1996 Page 2 Name and Last Known Address Interest Kathleen A. Busch Fee Owner 443 Maryland Avenue East St. Paul, MN 55101 St. John's of Little Canada Credit Union Mortgagee 400 Little Canada Rd East � Little Canada, MN 55117 Re: Kathleen A. Busch (mortgage) Source One Service Mortgagee 27555 Farmington Rd. Farmington HIlls, MI 48334 District Director of the IRS Judgment Creditor of Hilderman 316 Robert Street North St. Paul, MN 55101 Re: Alan S. Hilderman State of Minnesota Judgment Creditor of Hilderinan State Tax Lien Dept. 10 River Park Plaza St. Paul, MN 55107 re: Alan S. Hilderman First Bank, White Bear Lake N.A. Judgment Creditor of Hilderman 4700 Clark Avenue White Bear Lake, MN 55110 Re: Alan S. Hilderman judgment The legal description of this property is: Lot 11, Block l, Thomas' Subdivisio�l of T_,ot One (1) Bass' Acre Lots. City of Saint Paul Public Health has declarecl this building(s) to constitlrte a "nuisance" as defined by Legislative Code, C'hapter 45. Public Health has issued an order to the then l:iiown responsible parties to eliininate this nuisance condition by correcting the deficiencies or b�� razing and removing this b�uildirlg(s). , , � . � �- 1�42- 443 Maryland Avenue East July 26, 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 incuned against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, a ; ;� � �,- `� r d ,� I'�� ;- . .I 1%1� . I C iarles . '�otel 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, rire Marshall Dan Pahl, PED-Housing Division 01-93 REPORT Date: August 20, 1996 � �— �� <�— _ Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 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 Legislative Hearing Officer 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 Legislative Hearing Officer recommended approval of the assessments. 3. Resolution ordering the owner to remove or repair the referenced building, located at 443 Maryland 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 673 Kent 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 95 Isabel Street. 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 performance bond is posted by Wednesday, August 28, 1996. � �- 1�� 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, 1260 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 Isa I 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 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 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 �i � �j o y � 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 properry 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 or 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, Public 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 �� -_ 1 �� - 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 �24 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 $2 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