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96-1214 � � �� e � _ Council File # � • �/ � �� ( �� ( � �o Green Sheet # 3.�5 RESOLUTION TY OF SAINT PAUL, MINNESOTA �� Presented By 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 located on property hereinafter referred to as the "Subject Properry" and commonly 4 known as 831 Jessamine Avenue East. This property is legally described as follows, to wit: 5 6 Lot 19, Block 9, Eastville Heights. 7 8 WHEREAS, based upon the records in the Ramsey County Recorder's O�ce and 9 information obtained by Public Health on or before June 21, 1996, the following are the now known 10 interested or responsible parties for the Subject Property: John L. Capaul, 2905 33rd Avenue 11 South, Mpls., MN 55406; Mark Babcock, 12169 Keystone Avenue North, Hugo, MN 55038; 12 Gary P. Cormican, 435 Ash Street, St. Paul, MN 55126-1133 Paul. 13 14 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 15 Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated 16 June 19, 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 19, 1996; and 23 24 WHEREAS, the enforcement officer 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 corrected and Public Health requested that 28 the City Clerk schedule public heazings before the Legislative Hearing Officer of the City Council 29 and the Saint Paul City 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 Of�cer of the Saint Paul City 36 Council on Tuesday, September 17, 1996 to hear testimony and evidence, and after receiving 37 testnnony and evidence, made the recommendation to approve the request to order the interested or 38 responsible parties to make the Subject Property safe and not detrimental to the public peace, health, 39 safety and welfare and remove its blighting influence on the community by rehabilitating this 40 structure in accordance with all applicable codes and ordinances, or in the alternative by 41 demolishing and removing the structure in accordance with all applicable codes and ordinances. 42 The rehabilitation or demolition of the structure to be completed witl J,��°°^ "" aays after the --- .--, - 43 date of the Council Hearing; and � �go �` �I n�ht p r o v ►c'!,p� � �P/ �OO C3 b o r�c +._s__�c:��c 1r� r�c c-e S 3 c,�r v� � - p�r r�,�-4-5 o.r � c�o o��n � �� i as � 9�, -_ �----�----- __ - � � �� ;� . �, M.L, qG-� ai y 1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 2 September 25, 1996 and the testimony and evidence including the action taken by the Legislative 3 Hearing Officer 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 City Council hereby adopts the following Findings and 7 Order conceming the Subject Property at 831 Jessamine Avenue East: 8 9 l. 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. T'hat 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 36 The Saint Paul Ciry Council hereby makes the following order: 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 alternative 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�ee�{�5}-days after the 45 date of the Council Hearing. �;,��„� �q�, 46 � ° ' �� . " � q�- la►`l �- � .. , . 3 . . . . . ..... 1 2. If the above corrective action is not completed:within this period of time the Public Health, 2 Code Enforcement Program is hereby authorized to take whatever steps aze necessary to 3 demolish and remove this structure, fill the site and charge the costs incuned against the 4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 5 6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 7 personal property or fixtures of any kind which interfere with the demolition and removal 8 shall be removed from the property by the responsible parties by the end of this time period. 9 If all personal property is not removed, it shall be considered to be abandoned and the City 10 of Saint Paul shall remove and dispose of such property as provided by law. 11 12 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 13 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Y� Navs Absent Requested by Department of: a e ostrom uerin -� arris e ar e tman �'��'�i�� C une BY� Form Approved by City Attorney Adopted by Council: Date ��. �.S . \q9C, Adoption Certified by Council Secretary By: �,�Ci.G✓��V�C-, By� Approved by Mayor for Submission to Approved by Mayo . Date b `� �� Council . ' � By: l��. �� _��Z�u"'J By: � �, �� ✓ N 1 L DATE IN A D O �� ''�� • N_ 3 5�4 P�� Health 08-2 -96 �REEN SHfET _ . _ _. Charles Votel 298-4153 � , / ��EriT°x�cro� �� amcouNC�� NiTiAUa►� W �N CITY ATTORNEY � CITY CLERK IL ACi (DA ) �F� UOOET OIRECTOR �FIN.fl MOT.SERVICEB DIR. September 25, 1996 °"D8R R"^`��^�T�"T► ❑ TOTAL#F OF SKiNATtNiE PAQEB ' � (CLIP ALL LOCAtIONS FOR SIONATUR� kCnON REQtJE8TED: City Cauncil to pass thie resolution whioh will order the owner(s? to remove or repair the referenced building(s) . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 831 Jessamine � Avenue East. RFCt�M�N0AT10N8:Approw(A)a Rsjsot(R) pER80NAL SERVICE CONTRACTS MUST ANiWER TM8 FO�LOwlNO�UESTIQNS: _PLANNMIO�1188ION _OIVd.BERVICE(�MAI88tON 1. Has thls pereoNfirm ever worked uM�r e coMraCt fa tlNs�2 - _C�CAMIARTEE _ YES NO F��+� 2. Has this pOnon/Hrtn ever been a cRy employee,4 —�'� — YES NO p /�� _DISTRICT COURT _ 3. Doea thfs pereonlNrm poeeas e skiN n�nwmeNy pa�R�Y��M�i�� BUPPORTB WIi1CM1 COUNCN.OBJECTIVE9 YES NO EzplNn dl yu en�w�rs on s�p�nb ahMt and atyeh to�r��y�, 0�� Iy�qTllKb n�m�r��e�►,�.o�rurimr(wno,wna.wn.n.wn«s.viR+y): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant buildiag as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested pa�ties and responsible partiea known to the Snforcement Officer were given an order to repair or remove the building at 831 Jessamine Av�enue Sast by July 19,_1996, and have failed to comply with those orders. "�„�"`��8�,��: RECEIVED The City will eliminate a nuisance. Couricit Res��sct� Cent�r AUG 27 � sE� o s �►�yb A�pRNEY : CITY Df8/t�ANTA0E81FAPPFlOVEO: __ _ __-----...._..___ ---- Th� City will spend furids to wreck and remove this buildingis) . Theas costs will be assessed to the property, collected as a apecial assessment against the property taxee. WSADVANTAOE8IF NOT APPF�/E0: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the co�nunity. TOTAL AMOUNT OF TRANSACTION = � � • C08T/ilEVENUE BUDGETED(CIRCLE ONE) YE NO FUNOINO=OURCB Ntrisance Housinq Abatement ACTIVITY NUMBER 33261 FlNANCIAL INFORMATION:(EXPL.AIN) ♦ . . . SAINT PAUL PUBLIC HEALTH Neal Nol�an, A�f.D., M.P.H., Director a/ . � a t y � �� CITY OF SAINT PAUL NUfSANCE BUILDINGS CODE 6/2-298-4153 Norm Coleman, Mayor = ENFORCEMEIVT S55 Cedar Sd�eet Saint Pau1, MN SSI01-1260 w August 23, 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: 831 Jessamine Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, September 17, 1996 City Council Hearing - Wednesday, September 25, 1996 The owners and responsible parties of record are: COI�CIC� ��,t'� �`,,�j�� 2 7 1996 Name and Last Known Address Interest John L. Capaul Fee Owner - ___ _. __ . _ ._.__ .. _ ___._.._.�...� 2905 33rd Avenue South Mpls., MN 55406 Mark Babcock Contract for Deed Holder 12169 Keystone Avenue North Hugo, MN 55038 ' Gary P. Cormican Judgment Creditor of Babcock 435 Ash Street St. Paul, MN 55126-1133 The legal description of this property is: Lot 19, Block 9, Eastville Heights. �� - � a. � y 831 Jessamine Avenue East August 23, �1996 Page 2 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 esta.te as a special assessment to be collected in the same manner as taxes. Sin ely, � �� + . . �� p � � '�:� Reneta Weiss Program Supervisor Vacant/Nuisance Buildings 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 Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 01-93 � _� ci �-�2` y A'IINUTES OF LEGISLATIVE HEARING September 17, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Estate; 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: J9609A--Property clean up for May through mid July, 1996 J9609TDBC--Property clean up for May through mid July, 1996 J9609B--Boarding up of vacant buildings for May, 1996 J9609C--Demolition of vacant buildings for June, 1996 J9610B--Boarding up of vacant buildings for June, 1996 J9610C--Demolition of vacant buildings for July, 1996 SSA9609--Repair of sanitary sewer connections by Public Works for 1995 323 Case Avenue Guy Willits, Public Health, reviewed the staff report and showed a video tape of the property. Paul Vogelgesang, property owner, appeared and stated that he had purchased the property on June 7, 1996. The previous owner had provided him with a summary abatement notice to clean up the praperty which was dated June 5. He did not believe he was responsible for the assessment since the property had been cleaned up. Mr. Strathman stated that the assessment for the property clean up was done on May 1, 1996 which was previous to the date that he had purchased the property. It was the previous owner's responsibility to disclose the pending assessment prior to or at the closing. Since the work had been done, he recommended approval of the assessment. He suggested that he seek reimbursement for the assessment from th�previous owner. 72 Concord Street Mr. Willits reviewed the staff report and presented pictures of the property. Thomas Lloyd, property owner, appeared and presented pictures as well as blue prints of the property. He contended that he had complied with the original orders issued on April 30, 1996 to remove graffiti. The remaining gra�ti was on the rear of the building and was not visible to anyone, yet not even a half of a block from his property, several buildings had graff ti which stiil remained. He believed he was selectively targeted by Public Health since they were not enforcing clean up of other graffiti in this neighborhood. When the inspector rechecked the property for graff'iti, he believed that new orders should have been issued. Chuck Votel, Public Health, reviewed the inspector's field notes. The order specifically stated to remove graffiti on the east and south walls of the building. The graffiti on the south wall had not been removed by the property owner so a work order was sent to have this graffiti removed. . q� - �a� y Minutes of Legislative Hearing September 17, 1996 Page - 2 - Mr. Strathman stated that since the work had been done, he recommended approval and reducing the assessment to $100. 997 Farrington Street Mr. Willits reviewed the staff report and showed a video tape of the property. Cherrie Martin, property owner, appeared and stated that she had hired someone to remove the refuse and they were in the process of cleaning out the garage when the City cleaned up the property. She stated that they had also removed new siding which was to be installed on the house. Mr. Strathman stated that the building was posted on May 10 and orders were mailed on May 13 to have the refuse removed by May 18, 1996. The City did not remove the refuse until May 23 and he believed that there had been adequate tune to comply with the order. He recommended approval of the assessment. 218 Goodrich Avenue Jim Sazevich and Thomas DesLauriers, property owners, appeared. Mr. Sazevich stated that the lime rock sewer collapsed which ran from the house to the street. It was his contention that the City and/or State of Minnesota were negligent in reconstructing the sewer on Smith Avenue as high-charged blasting was done within a few feet from the sewer on Goodrich. He believed this blasting severely weakened the lime rock sewer and that the City should have been aware of the problem after the sidewalk in front of his property collapsed, however, they failed to explore the possible source of this collapse. When it was discovered that the sewer line had collapsed, the City contacted them and recommended that the line be repaired immediately. The City suggested a contractor, the only contractor qualified to do the work, and this contractor provided an estimate of $5,000 to $9,000 to repair the sewer. This contractor began the reconstruction and approximately half way through the project, increased the amount of the bill to over $20,000. The total amount, after reduction of engineering fees, was $18,039.35. They believed this was outrageous and that the City should be responsible for the damage that had been caused. Cecily Dewing, Public Works, stated that the contractor discovered that the drift, which goes from the property to the street, had collapsed and it was necessary to hand-dig a new drift and drill a new drill hole. They then had to reconnect the sewer from approximately 10 feet deep. She did not believe that the previous sewer work done on Smith Avenue had been the cause of this collapse. Mr. Strathman stated that this matter was more of a legal claim and he suggested that they either pursue this matter by filing a claim with the City Attorney's Office or pursue it through other court action. Since the work had been done, he recommended approval of the assessment. 1028 Lawson Avenue E. No one appeared; recommended approving the assessment. 116 Lawson A��enue W. No one appeared; recommended approving the assessment. q� =� � �� Minutes of Legislative Hearing September 17, 1996 Page - 3 - 1254 Minnehaha Avenue W. � Mr. Willits reviewed the staff report. Brent Herman, property owner, appeared and stated that he did not dispute that the work had been done. Mr. Strathman recommended approval of the assessment. 1318 Minnehaha Avenue W. No one appeared; recommended approving the assessment. 329 Summit Avenue No one appeared; recommended approving the assessment. 846 Universitv Avenue W. Mr. Willits reviewed the staff report and showed a video of the property. Fitzgerald Steele, property owner, appeared and stated that a tenant in the building was in the process of moving out and had left the refuse. He had made arrangements with his trash hauler to remove the refuse. He did not believe that there was a large amount of debris and that the cost to remove it by the City was too excessive. Mr. Strathman stated that the owner had 20 days from the date that the order was issued to the date the City cleaned up the property to remove the debris. Within that time, a trash hauler should have picked up the trash at least twice. He recommended approval and reducing the amount of the assessment to $140. 1759 York Avenue No one appeared; recommended approving the assessment. Mr. Willits recommended laying over the following properties to the October 1, 1996 Legislative Hearing: 1129 E. Minnehaha and 328 Lexington Parkway. 2. Summary abatement appeal for 699 Blair Avenue; Jeff Gardner, property owner. Mr. �'Villits stated that the work had been done, however, a record of the assessment was not available. Jeff Gardner, property owner, appeared and stated that the work had been done by the City, however, he failed to receive timely notice of the order. He presented a copy of the envelope which had been improperly addressed and he did not receive it until three days prior to the compliance date. He phoned the inspector and the inspector allowed him three additional days to clean up the property. He was unable to complete the clean up within three days and the City removed the refuse. Mr. Votel stated that the order to clean up the property had been posted and the inspector had talked to the owner indicating when the work needed to be completed. The owner failed to remove the debris and the City then cleaned up the property. Qb - ►� I�� Minutes of Legislative Hearing September 17, 1996 Page - 4 - Mr. Strathman stated that even though the envelope had been improperly addressed notifying the owner of the order, the City had contacted the owner and the work had been done. He recommended denying the appeal. 3. Summary abatement appeal for 459 Lafond Avenue; Ber Xiung, property owner. The matter was resolved prior to the hearing. 4. Resolution ordering the owner to remove or repair the referenced building, located at Q55 Aurora Avenue. 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 received communication from Ron Pauline, representing the Aurora St. Anthony Development Company, and it was their desire to have the building demolished. Mr. Votel recommended amending the order to have the building removed within five days. The property owner did not appear. Mr. Strathman recommended approval and amending the order to have the building removed within five days. 5. Resolution ordering the owner to remove or repair the referenced building, located at 72� Butternut Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The current owner of the property was the Veteran's Administration and there had been no communication from them as to their intentions for the property. He noted that a code compliance inspection had been done on September 10, 1996. The estimated cost to repair the buildin� was $30,000. , The property owner did not appear. Mr. Strathman recommended approval of the order to demolish. 6. Resolution ordering the owner to remove or repair the referenced building, located at $31 ,�essamine 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 was condemned in August, 1995 and had been vacant since that time. A code compliance inspection had been done in November, 1995 and a bond had been posted on November 17, 1995. That bond expired in May, 1996 since the project had not been completed and no new bond had been posted. Robert Liebman, attorney representing the property owner, Mark Babcock, appeared and stated that the owner had made $15,000 worth of repairs to the building. Tenants had done a significant amount of q� �a� l� Minutes of Legislative Hearing September 17, 1996 Page - 5 - damage to the property and the owner worked with Public Health to have the property condemned in order to remove the tenants in August, 1995. Since that time, the owner had diligently worked at repairing the building. He did, however, suffer a family crisis during which time he was unable to devote time towards repairing the building. When the inspector met with the owner to discuss a timeline for completing the remaining work, the owner indicated that he believed he could have the work completed within one month. When the work was not completed within that month, the inspector declared the property a nuisance. It was the property owner's intention to have one of the units completely repaired within 30 days and the second unit repaired within 90 days. Mr. Babcock, property owner, stated that he had never posted a $2,000 bond to make the repairs. Mr. Votel reviewed his records and stated that he had no record of a bond being posted. Mr. Strathman stated that if the $2,000 bond was posted and valid permits obtained by September 25, 1996, he would recommend the owner be given 90 days to complete the necessary repairs. 7. Resolution ordering the owner to remove or repair the referenced building, located at 2�11 Payne 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 suffered major fire damage and it was the neighborhoods desire to have the building removed. He requested that the resolution be amended to have the building removed within five days. The property owner did not appear. Mr. Strathman recommended approval and amended the order to have the building removed within five days. S. Resolution ordering the owner to remove or repair the referenced building, located at � � Reanev Avenue. If the owner fails to comply with the resolution, Public IIeaith is ordered to remove the building. Mr. Votel reviewed the staff report. He stated that there had been no communication from the property owner as to their intentions concerning the property. He pointed out that a code compliance inspection had been done in June, 1996. The property owner did not appear. Mr. Strathman recommended approval of the order to demolish. 9. Resolution ordering the owner to remove or repair the referenced building, located at $7� Marion Street. If the owner fails to comply with the resoIution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. There had not been any cunent contact with the owner as to her Minutes of Legislative Hearing �`� - I� �� September 17, 1996 Page - 6 - intentions concerning the properry. It was his opinion that the building was not worth repairing. The property owner did not appear. Mr. Strathman recommended approval of the order to demolish. 10. Resolution ordering the owner to remove or repair the referenced building, located at $44 Edmund 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 condemned in 1994 and had been vacant since that time. There had been eight summary abatement orders issued against the property. The registered vacant building fee had not been paid and the $2,000 bond had not been posted. A code compliance inspection was done on July 5, 1996. The estimated cost to repair the building was $25,000. Paul Yang, property owner, appeared and stated that he had purchased the building from the Veteran's Administration and had been unaware that the building had been condemned. He was in the process of obtaining bids to repair the roof and planned to complete repairs to the building. Mr. Strathman recommended the owner be granted 180 days to complete the repairs to the building if the $2,000 bond was posted, the registered vacant building fee was paid and the ne essary pernuts were obtained by September 25, 1996. Meeting adjourned at 11:45 a.m. y Stra , Legislative Hearing Officer �