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01-760C) � -7�d CTTY OF SAINT PAUL Randy Kelly, Mayor J311U2Sy 2.2� 2.��2 crrrzErr s�vicE o�cE Donald J Lursa, Ciry Clerk I �O Ciry Hall Tel.: 651-266-8989 ISW.KelloggBouZevard Fax: 65]-266-8689 SaintPaul, Minneso2¢ 55102 At the direction of Saint Paul Assistant City Attorney, Meghan Riley, the original copies of all documentation relating to Council File #O1-760, a resolution ordering the owner to remove ar repair the building at 790 Selby Avenue within 15 days from adoption ofresolution, have been sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File Number: C7-01-1757. The copies haue been filed as the original documents in the City Clerk's office files. ° �� 1, '�' """` Donald J. Luna City Clerk �-�'/'�- ' '/� Shari Moore Deputy City Clerk ( � / ,��s;vAL Presented By Referred T Council File # � ( — ?GO Green Sheet # �� 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or 3 wrecking and removal of a two plus story, wood multi-unit shucture located on property hereinafter 4 referred to as the "Subject Property" and commonly known as 790 Selby Avenue. This property is 5 legally described as foliows, to wit: Lot 3, Block 8, Nininger & Donnelly's Addition to Holcombe's Addition to Saint Paul 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, based upon the records in the Ramsey County Recarder's Office and information obtained by Division of Code Enforcement on or befare March 16, 2001, the following are the now lrnown interested or responsible parties for the Subject Property: Manoucher Rostamkhani, ll 5 5`� Street N.E., Mpls., MN 55413; Tim Cook, Moore, Costello & Hart P.L.L.P., 701 4`" Avenue South Suite 1350, Mpls., MN 55415, Re: Manoucher Rostamkhani; State of Minnesota Trust Exempt, 50 Kellogg Blvd. W. Ste. 620B, St. Paul, MN 55102; Attomey Gary A. VanCleve, 7900 Xerxes Avenue South, Bloomington, MN 55431, Re: Valley Pauing; Curt Potts, 981 Payne Avenue, St. Paul, MI3 55101; Margaret Bischel, 554412�' Avenue South, Mpls., MN 55417; Legal Ledger, Inc., 322 Minnesota Street Ste. E-1432, St. Paul, MN 55101; Rainbow Law Office, Arin: Attorney Doug Rainbow, 250 2" Avenue South, Mpls., MN 55401, Re: Thomas Kirkland; Attorney Keith Simmons, 18830 Eastwood Drive, Excelsior, MN 55331, Re: Metro Contracting; Attomey 3ohn S. Jagiela, 700 Baker Bldg., 706 2° Avenue South, Mpls., MN 55402, Re: West Point Pepperell Inc.; WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 9, 2001; and WE3EREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WI�IEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by June 8, 2001; and WI�REAS, the enforcement officer has posted a placard on the Subj ect Property declaring this building{s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condirion has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place aud purpose of the public hearings; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA 34 o..�`o WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, 7uly 17, 2001 to hear testunony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating Uus shucture in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structuze in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of the shucture to be completed within fifteen(15) days after the date of the Council Hearing; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 25, 2001 and the testimony and evidence including ffie action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 790 Selby Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislafive Code, Chapter 45. Z. � � 7 E:� That the costs of demolition and removal of this building(s) is esrimated to exceed three thousand dollars ($3,0OO.OQ). That there now exists and has eacisted multiple Housing or Building code violarions at the Subject Properiy. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condirion sub}ect to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. •'� • The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removai of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 0 t .'1 �a 2 4 5 6 7 9 10 11 12 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the Ciry of Saint Paul, all personal property or fixtures of any lflnd which interfere with the demolition and removal shall be removed from the properiy by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is fiirther ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saant Paul Legislative Code. Adopted by Council: Date _ �� _��y_p, a Adoption Certified by Council Secretary By: �.� � � Approved by M oay r: Date �� r► , � � � �I�%.✓ Requested by Department of: Citizen Service Office• Code Enforcement By: V 1�� `�'--�-' �'r^-- Form Approved by City Attomey , By: dn.� � Approved by Mayor for Submission to Council By: �-� Division of Code Enforcement ` 06/15/Ol ONYACT PERSON 8 Michael R. Mo�rehead 266-8439� IUST BE ON COUNCILAGENOA BY (DAT� . Wednesday, 7uly 25, 2001 � = �� RWiBXi OROBt TOTAL � OF SIGNATURE PAGES � �_ � _ _ _ �"�� ;: � ' Y oi =��a , GREEN SHEET tvo � ��40 ��,.: ��. a„��,K.. 1�'' OIYATiM1EY � ❑ CIfYCLiI1R T ❑ Riwu�tfEAVICFacR ' . - �' ' ��A+N�SKxAV/+LC14 _ �W1TRlqtAtfOi11M1)�I �V� _�� (CLIP ALL LOCATIONS FOR SIGNATUR� LIIUYRCLLUCJICU . . . ___ __ City Council to pass this resolution which will oider the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to zemove the building. The subject property is located at 790 Selby Avenue. hY � PUWNING COMMISSION CIB CAMMITTEE CML SERVICE COMMISSION ItSpNALSERVZCE WNiRAGISMUSTApSWERiHE FOLLOWING QUESiIONS: FlesMicpe�soMrmeverv.akeduMeramcd�acttorCuedepartmenp , YE5 No Fias Ves pe�saNfiim ever been a dly anpbyeeT - . � ___ --_. YES ND . DOEB W6 �IBIbIM1I�l111 pO8BB86 8 SI011 IIO� NII�BIH�'�� M�Y W11El11 CIl7l &IIdOJI2M YE$ t� Is this pe�earvTrtn a tarpe[ed �endo�'! � � � ..._..,. f ..:. . .. . . . . . . �_ - �- ��- , •...- �6�Iaina6Yeeanswe,smseyarateaheMandallachtopreensheet `� __- '3��'$Rfi��'�' s�)' in Chapter 45 and a vacant building as defined in Chapter 43 0. the Saint Paul Legislative Code. The owners, interested-parties and responsible parties.lrnown to the Enforcement Officer were given an order to repair or remove the building at 790 Selby Avenue by June 8, 2001, and have failed to comply with those orders. DVANTAGESIFAPPROVED R �/ The City will eliminate a nuisance. ;-��;:�.� 'r��?�`�'� ��`�,. ! .` �� V _� � �JUI� :�� . _ ,.JUN 22_2C�73 .- -:.: - ;.....�. _ _ . _ ;:y=;.. CiT.Y A�"TORNEY The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, _ collected as special assessment against the prop_erGy ta`,ices: ->� •�- -- `= "�'°-"` "' - ' A n�sance cond�it on will remain unabated in the Cily. This building(s) will continue to blight the community. OTALAMOUNTOPTRANSACTIONf � - � __ COST/REVENUEBUDOE�m(dRCIEON�--, YE3 NO, uNOmosounce Nuisance Housin�Abatement ncrninxue�en 33261 '�. � � = � , _, , - _ �. ,._ . INNNCWIINFORMAl10NIE%PUIM _. _ ._ - . __..,_ . � . ;. . 0 �-'16D REPORT Date: July 17, 2001 Tune: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Sirathman Legislarive Hearing Officer Laid Over Summary Abatements: JO 1 SNO W 1 Snow and/ar ice removal at 1002 Carroll Avenue; J0102C1 Demolition at 1093 Seventh Street West and 520 Ba,�Street J0102BB Boardings-up at 664 Edmund Avenue and 729 Edmund Avenue; J0103AA Property clean up at 729 Edmund Avenue. 664 Edmund Avenue (J0102BB) Legislative Hearin� Officer recommends approval of the assessment. 729 Edmund Avenue (J0102BB) Legislative Hearing Officer recommends approval of the assessment. 729 Edmund Avenue (J0103AA) Legislative Hearing Officer recommends approval of the assessment. 1093 Seventh Street West. 520 Bay Street (J0102C1) Legislative Hearing Officer recomxnends approval of the assessment. 1002 Carroll Avenue (JOISNOWI) Legislative Hearing Officer recommends deleting the assessment. 2. File JO 1 SUNIA - Laid over sunuuary abatement for 916 Minnehaha Avenue East. Legislative Hearing Officer recommends approval of the assessment. 3. Summary Abatements: 70104A Property ciean-up during April and May 2001; J0103C Demolition of buildings during April and May 2001; J0103B Boazding-up of vacant buildings during Mazch and Apri12001; J0104V Towing of abandoned vehicles from private properry during January 2001. 916 Minnehaha Avenue East (J0104V) Legislative Hearing Officer recommends reducing the assessment to $500 pius the $45 service fee for a total assessment of $545. V , � I � O LEGISLATNE HEARING REPORT FOR JiJLY 17, 2001 349 Cook Avenue East (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1612 Alameda Street (70103B) Legislative Hearing Officer recommends approval of the assessment. 905 Iroquois Avenue (70103B) Legislative Hearing Officer recommends approval of the assessment. 650 Aurora Avenue (J0104A) Legisla6ve Hearing Officer recommends approval of the assessment. 597 Blair Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 1910 Cheiton Avenue (J0104A) Legislative Hearing Officer recommends approval of the assessment. 157 Front Street (J0104A) Legislafive Hearing Officer recommends approval of the assessment. 1660 Dayton Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 122 Lvton Place (J0104V) Legislative Hearing Officer recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) Legisla6ve Hearing Officer recommends approval of the assessment. Page 2 515 Nevada Avenue East (J0104A) Legislative Hearing Officer recommends reducing the assessment to $250 plus the $45 service fee for a total assessment of $295. 164 Robie Street West (J0104A) Legislative Heariug Officer recommends approval of the assessment. 327 Wuufred Street East (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1744 Carroll Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 0 \ -'lbn LEGI5LATIVE HEARING REPORT FOR NLY 17, 2001 Page 3 1075 Portland Avenue (J0104A) Legislative Hearing Officer recommends laying over to the July 24, 2001, Legislafive Hearing, 4. Resolution ordering the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 6-5-01) Legislative Hearing Officer recommends laying over to the August 21, 2001, Legislative Hearing to a11ow tune for closing of sale to NEAR (North End Area Revitalization, Inc.). �/ 5. Resolu6on ordering the owner to remove or repair the buiiding at 790 Selbv Avenue. If �� the owner fails to comply with the resolufion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends the owner be given six months to complete the rehabilita6on of the property on condifion that the owner apply for a code compliance inspection by noon of July 25, 2001. rrn CITIZEN SERVICE OFFICE Fred Owusu, Ciry Gerk DNISION OF PAOPERTY CODE ENFORCEMEN"C bfichae! R Morehead, Program Manager A — � ` �. ��' S1�rpAV1� NuisanceBuildingCodeEnforcement Narm Caleman, bfayor � �IS W. KellaggBlcd. Rm 19D Te1: 651-266-8440 SaintPaui,MN5�162 F¢x:651-2b6-3526 Rr� lli� 3une 15, 2001 , Ke�c u" v" ��u a - NOTI�E OF PUBLIC HEARINGS �� Council President and Members of the City Council . - s ��-- - Citizen Service Office, VacanUNuisance Buildings Enforcement Division has requested the City Council schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 790 Selby Avenne The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 17, 2o�1 CiTy Council Hearing - Wednesday, 3uly 25, 2001 The owners and responsible parties of record are: iVame and Last Known Add:ess Manoucher Rostamkhani 115 5 Street N.E. Interzst Equitable Title Mpls., M^T �5413 Tim Cook Moore, Costello & Hart P.L.L.P. 701 4"' Avenue South Suite 1350 Mpls., MN 5��15 Re: Nlanoucher Rostamkhani Attomey for Rostamkhani State of Minnesota Tnist Exempt 50 Kellogg Blvd. W. Ste. 620B St. Paul, MN 5�102 Attorney Gary A. VanCleve �7900 Xe�es Avenue South Blooxriin° "on;-1VIN��55431 �,___ Re: Va11ey�Paving Fee O�vner 7ud�nent Creditor 790 Selby Avenue June 1 S, 2001 Pa�e 2 Name and Last Known Address Interest Curt Potts 981 Payne Avenue St. Paul, MN 55101 Margaret Bischel 5544 12"' Avenue South Mpls., MN 55417 Legal Led�er, Inc. 322 Minnesota Street Ste. E-1432 St. Paul, MN 55101 Rainbow Law Office Attn: Attorney Doug Rainbow 250 2" Avenue South Mpls., MN 55401 Re: Thomas Kirkland Attomey Keith Simmons 18830 Eastwood Drive Excelsior, NN 55331 Re: Metro Contracting Attomey John S. Jagiela 700 Baker Bld�. 706 2" Avenue South Mpls., MN 55402 Re: ��'est Point Peppereli Inc. The 1e�a1 description of t:�is property is: Jud�ment Creditor Judament Creditor 7ud�ment Creditor 7udgment Creditor 7ud�ment Creditor Judement Creditor Lot 3, Block 8, Ninineer & Donnelly's Addition to Holcombe's Addition to Saint Paul Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Le�islativz Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to el'uninate this nuisance condition by correcting the deficiencies or by razin� and removin� this building(s). 790 Selby Avenue June 15, 2001 Pa�e 3 Inasmuch as this Order to Abate has not been complied �vith the nuisance condition remains unabated, the community continues to suffer the blightin� influence of this properry. It is the recommendation of the Division of Code Enforcement that the �ity Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildin� in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be coliected in the same manner as taxes. Sincerely, �t2ve �a�raer Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordarski, PED-Housin� Division ccnph � Q��O MINUTES OF THE LEGISLATIVE HEARING Tuesday, July 17, 2001 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 1D:04 a.m. STAFF PRESENT: Jol�n BeTZ, Code Enforcement; Ro�wna Fiink, Real Estate; Fong Lor, LIEP (License, Inspections, Environmentai Protection); Steve Magner, Code Enforcement; John Saumweber, Real Estate Laid Over Summary Abatements: JOiSNOWl Snow and/or ice removal at 1002 Carroll Avenne; J0102C1 Demolition at 1093 Seventh Street West and 520 Bay Street; J0302BB Boardings-ap at 664 Edmund Avenue and 729 Edmund Avenue; and J0103AA Properiy clean ap at 729 Edmund Avenue. 664 Edmund Avenue (J0102BB) (Fong Lor translated for the owner. Gerry Strathman told Mr. Lor to explain to the owners of 664 Edmund Avenue and 729 Edmund Avenue that his duties aze to translate and not act as an advocate.) Yee Lor, owner, 305 Aurora Avenue, appeazed. Mr. Sirathman stated this is a charge for emergency boazding by the Fire Deparhnent. It was ordered on 1-5-01, 5:30 a.m. The charge is for $795. He asked why the owner feels he should not pay iY. Mr. Lor asked is it his responsibility to pay the fee or shouid his insurance company pay the fee. Mr. Strathman responded this is paid by the insurance company as part of the expense related to the fire customarily. He should present the bill to the insurance company. (Mr. Lor showed paperwork to Mr. Strathman.) Mr. Strathman looked at the paperwork and stated the coverage should pay for the cost of the boazding up, although he is not an expert on these things. Mr. Magner stated the insurance company generatly requires an insurer to m;n;m;�P any �er damage to the property. The insurance wmpany usually wants the property boazded as soon as possible. If the owner has problems getting the company to pay it, he should go to a state examiner. Mr. Lor stated he cannot live at the property anymore, and he asked is it his responsibility to clean up around the house, the lawn, etc. Mr. Strathman responded yes. Mr. Strathman asked when a bill woutd be received in this matter. Roxanna Plink explained the owner should receive a bill within a few weeks. o� � � LEGISLATTVE HEARING MINLTTES OF J[JLY 17, 2001 ' Page 2 Gerry Strathman recommends approval of the assessment. (NOTE: there aze two assessments for 729 Edmund Avenue: J0103AA and J0102BB. J0103AA was discussed at the Legislative Fiearing on 3une 19, and the Hearing Officzr approved the assessment at the time. At the LegisIative Hearing Officer's request, the City Council laid over J0103AA and J0102BB to today's hearing for an interQreter to be present.) 729 Edmund Avenue (J0102BB) (Fong Lor translated for the owner. Mr. Lor had previously explained to the owner that ius duties aze to translate and not act as an advocate.) Ger Yang, owner, appeazed. Mr. S4athman stated this is a charge for $345 for an emergency boazding by the Police Departmen� He asked why the owner should not pay this assessment. Mr. Yang responded the house was already boarded when he purchased it. Mr. Strathman explained that when a house is purchased, a buyer also buys all the responsibilities associated with the house; however, the seilez is obligated to teil the buyer about pending assessments. If the owner was not told, then Mr. Yang should go to the seiler and seek accommodations. Mr. Yang responded the seller came to the City to get an order to evict the tenants. Mr. Yang was not told about any pending assessment. Because he is the current owner, stated Mr. Strathman, the CiTy will look to him to pay these fees. Mr. Yang asked can the City ask the seller about the pending assessment Mr. Strathman responded this is a private transaction between the seIler and the purchaser. The City cannot be invoived. Gerry Strathman recommends approval of the assessment. 729 Edmund Avenue (J0103AA) (Fong Lor translated for the owner.) (See above regazding another assessment.) Ger Yang stated the garbage inside and outside was cleaned up. No one lives at the properry. He called the City to notify them about neighbors throwing furniture on the properry, and he has not gotten any response. Steve Magner reported this was already heazd at the last legislative hearing on 7une 19. A videotape was shown at that time, and the assessment was appmved. The owner claims there �� LEGISLATTVE HEARING MINUTES OF JULY 17, 2001 Page 3 were things dumped on the property, but it is still the owner's responsibility. Once the owner is made aware of it, he is required to remove it. If it is not removed, the City will send people to remove it. Mr. Yang stated at the time of the assessment, he was not the owner. Mr. Magner responded the summary abatement was issued on 2-13-01. He asked when the properiy was purchased. Mr. Yang responded he became the owner on 2-5-01. Mr. Strathman recommends approval of the assessment. The charge goes to the property owner regazdless of whether he owned it at the time of the assessment. 1093 Seventh Street Wect- 520 Bav Street (J0102C1) Robyn Marshall, owner, address of 804 Stewart, appeared and stated she does not believe the contractor did what they were suppose to do for the asbestos removal. They didn't do anything for the Second Floor and they said they would do something in both of the batbrooms. Steve Magner reported the building was ordered to be removed by resolution. The cost to the demolition went to the low bidder wluch was Holst Excavating. They were required to obtain a licensed abatement to identify and remove any asbestos out of the property. They abated the asbestos and then raised the strucriue. Mr. Magner does not verify removal of asbestos; it is monitored by the State Department of Health and the MPCA (Minnesota Pollution Control Agency). There is a ten day waiting period after the building is raised and spot inspections are done. The City is not required to follow up on that. It has to be a licensed abatement conh�actor to remove the asbestos. Mr. Strathman asked about the charges. Mr. Magner responded the originai demolition bid is $12,200, not including the asbestos. And then another $4,800 for the abatement of the asbestos. Ms. MarshaIl sta#ed they only did a third of the floor on the Third Level and nothing on the Second Level. They did not do half of what they were suppose to do. She does not feel she should be chazged for the full amount. Mr. Strathman stated he has no idea how this matter can be resolved. The company contracted to remove asbestos, did iY under whatever supervision tha State exercises over asbestos removal, and the City received a biiL A�ts_ Marshall responded she has photographs showing the business did not do anything. They ripped up the tile on the Third Floor and that's what they did for $5,000. Mr. Magner stated the building has been removed. If there was a concem at the time when she was out there, she should have contacted the City or the State. He asked what was left on site. Ms. Mazshall responded they only did a third of the floor on the First Level, but the tile ran through the entire First Floor. They said it was asbestos contained tile. They said they included both bathrooms on the Second Floor. Mr. Magner responded sometimes it is not the tile, but the underlayment, the backing under the tile, or the linoleum. The contractor is responsible to xnake o�-�t�c� LEGISLATIVE HEARING MINUTES OF 7i7LY 17, 2001 Page 4 sure removed items do not have asbestos bearing materiais. If the properiy was demolished with the asbestos tiles taken to the Iandfill, the contractor can be held legally responsible for it. One load of unrecorded asbestos brought into a landfill has minimum $10,600 fines. The contractor is required by State ]aw to have the asbestos abated before demolition. Mr. Magner stated he has na wap to prove anything. A photograph of a tile does not prove that was the tile in question. Mr. Strathman responded it is a serious attegation; chazging for work that a person did not do is a fraudulent activity. There has to be some conclusive evidence to show that the contractor engaged in this and he would guess the contractor would be reluctant to admit it Ms. Marshall suggested asking them for a list of what was done for the charge. She has a videotape and photographs. Mr. Strathman stated he and Mr. Magner aze reluctaut to approach the contractor and accuse lum of fraud. It is unlikely the City will do that unless there is evidence. Gerry Strathman recommends approval of the resolution. 1002 Carroil Avenue (JOlSNOVJI) Lee Walker, owner, appeared and stated he received the abatement and cieaned it up right after he received it. He put down salY as well. (A videotape was shown.) Mr. Walker stated he got the notice on a Friday and cleaned it up on Saturday. 7ohn Betz responded the notice was mailed on 3-6-01, the reinspection was 3-9-01, and the work was done on 3-15-01. (The videotape was shown again.} Mr. Walker stated the units are so close together that maybe the wrong address was cited. He kept his sidewalk clean all winter. Gerry Strathman recommends deleting the assessment. He will take the owner's word that the sidewalk was kept clean. (NOT'E: There aze two assessments for 916 M3anel�aha Avenue East dQ1St7MA and J0104V. JOl SUMA has been laid over from 6-19-01.) File JOISI7MA - Laid over summary abatement for 916 Minnehaha Avenue East Gerry Strathman stated this is an assessment for removing tires, refuse, metals, etc. Andrew Pham, owner, appeazed and stated he received notice and he did the work. He toid the clean up crew thax the work was already in progress, but they told him they were there on an C�� ^l loC� LEGISLATIVE HEARING MIN[JTES OF NLY 17, 2001 Page 5 order for it to be done now. They had to call the police because he was asking them questions, such as did they have the proper paperwork. He is here to say that he has all the motivations to get it done and he has been getting it done. Gerry Strathwan stated there are a couple of issues here and in some sense they both have been answered: 1) By Code Eaforcement's records and by the owner's aclmowledgment, a notice was sent. 2) There is a videolape and �he owner acknowledged tt3at the crew came out and did the work. There is no basis for nat appmving the assessment. Mr. Pham stated he had some legal issues. By charging the abatements and pushing the schedule ahead is not getting the property finished any sooner. Ae is a student and a future business owner. His recources are limited. He keeps Hazold Robinson (Code Enforcement) informed of his progress. Mr. Pham says the City was a little too enthusiastic about getting it done so eazly. Everything was ready to be taken away and the City came too soon. Mr. Strathman stated his paperwork reads that orders were issued on 10-12-00, and the work was to be completed by 10.16-(a0. The work was not done until 10-25-00. It seems the City crew was late instead of eazly. Mr. Fong responded there were more things he was doing at the time. Everything was by the fence azea ready to be moved. Gerry Strathman recommends approval of the assessment. It seems the City gave the owner proper nofice. Summary Abatements: J0104A Property clean-up during April and May 2001; J0103C Demolirion of buildings during April and May 2001; J0103B Boarding-up of vacant buildings during March and Apri12001; J0104V Towing o# abandoned vehictes from private property during January 2001. 916 Minnehaha Avenue Past (J0104� (See above regazding another assessment.) Andrew Pham asked why it cost $1,469.60 to tow the vehicle. Mr. Strathman responded it does seem like a lot Roxanne Flink responded it was one vehicle. Mr. Pham stated the vehicle was legally parked. The City jumped to conclusions and illegaily entered the property. The Ciry tore up bazriers to get to a vehicie that was in its place. Thaf is wrong and illegai. Gerry Strathman stated he will reduce the assessment to $500 plus the $45 service fee. Mr. Pham asked how he came to that amount. Mr. Strathman responded he has consulted with the lieutenant and commander in charge and they believe if a vehicle is disposed within 30 days, which is a reasonable amount of time, the cost woutd be about $500. For some reason, it seems this vehicle must haue been on the Impound Lot longer ihan normal. o��c� LEGISLATIVE HEARING MINUTES OF JUI.Y 17, 2001 �'._- . Mr. Pham stated that is because he had taken legal action on this. This was a 1958 Buick Berkeley B90. It was a rate and collectible vehicle. It was not abandoned. It was properly stored. Mr. Strathman responded he cannot help him because that issue will have to be dealt with in coutt. Mr. Pham stated he is in legal pmceedings with tha#. A tow costs $125_ He was in the process of getting that vehicle out. He and Commander Morehead bave some unremained issues here and that is why he made it difficult for Mr. Pham to acquire the vehicle. Mr. Pham did not have the option to get it out Steve Magner stated there is a letter to Andrew Fong dated 3-4-0 i from Mike Morehead. The letter says the City removed the vehicle from the property. The letter stipulated what needed to be done to acquire the vehicle. Gerry Strathman recommends reducing the assessment to $500 plus the $45 service fee for a total assessment of $545. 349 Cook Avenue East (J0104A) (No one appeazed to represent the property.) Gerry Sttatl�mau recommended approval. 1612 Alameda Street (J0103B) (No one agpeazed to represent the property.) Gerry Sh�athman recommended approval. 905 Iroquois Avenue (J0103B) (No one a}�peared to represent the property.} Gerry Sirathman recommeAded approvaL 650 Aurora Avenue (J0104A) (No one appeared to represent the properiy.} Gerry Strathruan recommended approval. 597 Blair Avenue (J0104A) Dave Harvieux, owner, appeazed and stated the first notice he received was on 7une 30. He contacted Code Enforcement and he was told notices were sent to the previous owner. Mr. o � �.�c� LEGISLATIVB HEARING NIINIJTES OF JULY 17, 2001 p� � Harvieux purchased the buiiding Apri12000 on a contract for deed. The proper documents were recorded with the Ramsey County in May 2001 because he had not received a tas statement from Ramsey County. He contacted them and was told the documents had never been recorded. He followed up with Ramsey County, they called him back, and said they made a mistake. Also, when he did cali, he inquired abaut what needed to be done. He was told there was an upholstered chair, carpet, and a bag of refuse on a deck. He removed these items from the deck himself. Perhaps there is another chair, carpet, and bag of refuse. John Betz reported he used Ramsey County tas records to find out where to send the notices. Mr. Strathman asked who told him in Ramsey County the records were in error. Mr. Harvieua� responded Debbie in the Recorder's Office. He could get document numbers. He got the notice for today's meeting because they updated their records. (A videotape was shown.) Mr• Strathman stated it was clear from the videotape there was trash on the deck, but it was not clear it was the same trash that was listed. The person on the videotape mentioned a tire and trash. Those items aze not cited on his paperwork. Mr. Harvieus responded it was hard to see what they took. Mr. Betz stated there were two issues here: one was trash on the back deck, and the other was the carpet and chair somewhere in the yazd area by the gazage. That was not part of the videotape, so his presumption would be it was not there when the crew got there. The crew cleaned up bags of trash, wluch would indicate they were there. Gerry Strathman recommends deleting the assessmenx There are serious problems as to whether he was notified and whether the cieanup done was the same cleanup in the order. 1910 Chelton Avenue (J0104A) (No one appeared to represent the progerty.) Gerry Strathman recommends approval of the assessment. 157 Front Street (70104A) Pa Hang, owner, appeared and stated she and her brother own this property. Some personal items were taken thai were stored properly. Mr. Strathman asked was she notified. Ms. Hang responded yes, but she already lived in the house. She cannot do heavy jobs because her hand hurts. She tried to pay people to do the cleanup, but she cannot afford much. o� ��c� LEGISLATIVE HEAR]NG MINI3TE5 OF NLY 17, 2001 � Mr. Strathman stated if she feels the City took things they should not have taken, she can file a claim against the City. Mr. Hang stated the charge of $894.00 was not worth it for the cleanup. She would like to see the videotape. (A videotape was shown.} Gerry Strathman recommends approval of the assessment. It looks like a major cleanup. The assessment is not excessive given the amount of work that had to be done. 1660 Davton Avenue (J0104A) Connie Williams, owner, 1290 Belmont Lane East, Maplewood, appeared and stated she did not own the properry when the cleanup was done. At the time of the cleanup, other people were in the pmcess of moving in. Aer ownership ended 3-1-01. The new owner is Benjamin Bordman (phonetic). John Betz reported the notice was sent to the Iisted owner. Yesterday, it was still listed as Williams. John Saumweber responded Reat Estate got the notice returned in the mail. Roxanna Flink reported Real Estate got a notice from Parks and Recreation that they did the work ott 4-6-d I. It was not pending when Ms. Williams sold it to the new people. The new owner was notified of the hearing today, and the new owner will get the bill. Ms. Williams stated that it was her junk. The new owner said he never got notice until it was bulldozed. She never received a notice either. She had a broken hand, and was unable to clean it. She picked up wha# she couid when it was out of the ice. Mr. Betz stated Ramsey County tas recards show she was the owner, and a notice was sent to her at her address. It was retumed undeliverabie. The new owner has never registered the contract. Until now, thep never had a name for the new owner. It is someone's responsibility to register the coniract and change the ownership. Ms. Williams responded she has called her new address irno the City a number of times. Roxanna Flink stated whoever handled the closing should be contacted about why the ownership was not changed. Her office knew of the new owner because of the retiun mai1. It is the property owner's responsibility to make sure the records are coaec#. In Minnesota, a person is not requu�ed ta fite a deed. Gerry Strathman recommends deleting the assessment. He does not doubt the work was done, but he is concerned about notification tequirements. �\-� �� LEGISLA"TIVE HEARING MINUTES OF JULY 17, 2001 122 Lvton Place (J0104� � Cneg Flesvig, owner, appeared and stated notices were sent to the previous owner. The only notice he received was the one to come here today. He was told that his tenants received the notice. Jobn Betz reported Ramsey County TaYation Records indicated two other peopie were the owners. Notice was sent to them and the occupants of 122 Lyton Place. He did a printout of the ownership on Friday and it comes up with Flesvig at 122 Lyton Place. Gerry Strathman recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) (No one appeazed to represent the property.} Gerry Sirathuian recommends approval of the assessment. 515 Nevada Avenue East (J0104A) Bazb Bartok, owner, appeared and stated a stacked pile of wood by the shed was removed. She had major surgery in Macch, and depended on other people to help her. Mr. Betz reported the fanal notice was mailed 2-23-01. Ms. Bartok stated the yazd was dug up when the City took the items. She asked why the cut wood was taken. Mr. Strathman responded because it was not properly stored he presumes. (A video#ape was shown.) Mr. Strathman stated it does not look like much of a cleanup. (The videotape was shown again.) Ms. Bartok asked about the gouges in her yazd. Mr. Stratl�man stated she should file a ciaim against the City for damages. Gerry Stratbman recommends reducing the assessme� to $250 pius the $45 service fee for a totat assessment of $295. The owner was notified, but the assessment is too lugh. 164 Robie Street West (J0104A) (No one appeazed to represent the property.) Gerry Strathman recommends approval of the assessment. �� LEGISLA"ITVE HEARING MINiJTES OF NLY 17, 2001 327 Winifred Street East (J0104A} (No one appeared to represent the properiy.) Gerry Strathman recommends approval of the assessmen�. Page 10 Resolntion ordering the owner to remove or repair the building at 843 Rice Street Tf the owner fails fo comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 6-5-01) Lori Pagel stated they have accepted an agreement with NEAR (North End Area Revitalization, Inc.). They will purchase the property and rehabilitate it. Ms. Pagel is working with the title insurance company to clear the title. NEAR has signed a letter of intent. They have had an azchitect go through the property. The purchase agreement has not been signed. Gerry Strathman asked when the closing will be. Ms. Pagel responded they have not set a date. Gerry Strathman recommends laying over to the August 21, 2001, Legislafive Hearing to ailow time for ciosing of sale to NEAR (North End Area Revitalizafion, Inc.). He requested Ms. Pagel notify him when the closing has happened. Tfien, he wiil deal with NEAR about the properiy from that point forward. NEAR will be notified at that point to post a bond. � Resolution ordering the owner to remove or repair the building at 790 Selbv Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Manoucher Rostamkhani, owner, aud Kristine Kujala, Ramsey County TaY Forfeited Lands, appeazed. Ms. Kujala stated tl�a# Mr. Rostamkhaai is the con�act purchaser on this properry that he purchased at auction This properiy has a long history of nothing being done on it. Steve Magner reported the building has been vacant since b-26-84. The current owner is Manoucher Rostamkhani, who putchased the property from Ramsey County at auction. There have been 18 summary abatement notices issued to clean the property, secure it, cut tall gass, xemove snow, restore hazazd fencing. On 4-26-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. As of this date, the properiy remams in a condition which camprises a nuisance as defined by the legislative code. The vacaat biriicdmg fees haue been paid. Real estate taxes aze paid. The estnnated market value is $45,000, estimated cost to repair, $75,000; estimated cost to demolish, $10,000 to $11,000. The building is gutted: there is no heating, electrical, or plumbing operable. Mr. Rostamkhani purchased a bond five days ago. The dwelling has to be rehabilitated as a single family or a duplex. The previous owner only lost the dweiling and one of the parcels. The other pazcel has the garage and some decks, which stiil belong to the previous owner. Mr. Rostanikhani stated he plans to finish this building. � �� LEGISLA"ITVE HEARING MINiJTES OF NLY 17, 2001 Page 11 Mr. Strathman stated the only thing missing is the code compliance inspection in order to know what has to be done to bring it up to code. Mr. Rostamkhan; responded he did not lmow about it. Gerry Shathmau recommends the owner be given sis months to complete the rehabilitation of the property on condition that a code compliance insp�flon is applied for by noon of July 25, 2001. 1744 Canoll Avenue (J0104A) John Betz reported he spoke to the owner today. Mr. Betz reviewed the file, photographs, and the videotape. Mr. Betz requests that this be deleted. There were a lot of circumstances here. Gerry Strathman recommends deleting the assessment. 1075 Portland Avenue (J0104A) John Betz requested this be laid over to the next meeting. Gerry Stxathman recommends laying over to the July 24, 2001, Legislative Hearing. The meeting was adjo�ned at 12:02 p.m. � 330 Toronto Street (J0104A) After the meeting, Roxanna Flink said ihai this should be deleted because of norification issues. Gerry Stra#hman recominends deleting this assessment C) � -7�d CTTY OF SAINT PAUL Randy Kelly, Mayor J311U2Sy 2.2� 2.��2 crrrzErr s�vicE o�cE Donald J Lursa, Ciry Clerk I �O Ciry Hall Tel.: 651-266-8989 ISW.KelloggBouZevard Fax: 65]-266-8689 SaintPaul, Minneso2¢ 55102 At the direction of Saint Paul Assistant City Attorney, Meghan Riley, the original copies of all documentation relating to Council File #O1-760, a resolution ordering the owner to remove ar repair the building at 790 Selby Avenue within 15 days from adoption ofresolution, have been sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File Number: C7-01-1757. The copies haue been filed as the original documents in the City Clerk's office files. ° �� 1, '�' """` Donald J. Luna City Clerk �-�'/'�- ' '/� Shari Moore Deputy City Clerk ( � / ,��s;vAL Presented By Referred T Council File # � ( — ?GO Green Sheet # �� 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or 3 wrecking and removal of a two plus story, wood multi-unit shucture located on property hereinafter 4 referred to as the "Subject Property" and commonly known as 790 Selby Avenue. This property is 5 legally described as foliows, to wit: Lot 3, Block 8, Nininger & Donnelly's Addition to Holcombe's Addition to Saint Paul 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, based upon the records in the Ramsey County Recarder's Office and information obtained by Division of Code Enforcement on or befare March 16, 2001, the following are the now lrnown interested or responsible parties for the Subject Property: Manoucher Rostamkhani, ll 5 5`� Street N.E., Mpls., MN 55413; Tim Cook, Moore, Costello & Hart P.L.L.P., 701 4`" Avenue South Suite 1350, Mpls., MN 55415, Re: Manoucher Rostamkhani; State of Minnesota Trust Exempt, 50 Kellogg Blvd. W. Ste. 620B, St. Paul, MN 55102; Attomey Gary A. VanCleve, 7900 Xerxes Avenue South, Bloomington, MN 55431, Re: Valley Pauing; Curt Potts, 981 Payne Avenue, St. Paul, MI3 55101; Margaret Bischel, 554412�' Avenue South, Mpls., MN 55417; Legal Ledger, Inc., 322 Minnesota Street Ste. E-1432, St. Paul, MN 55101; Rainbow Law Office, Arin: Attorney Doug Rainbow, 250 2" Avenue South, Mpls., MN 55401, Re: Thomas Kirkland; Attorney Keith Simmons, 18830 Eastwood Drive, Excelsior, MN 55331, Re: Metro Contracting; Attomey 3ohn S. Jagiela, 700 Baker Bldg., 706 2° Avenue South, Mpls., MN 55402, Re: West Point Pepperell Inc.; WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 9, 2001; and WE3EREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WI�IEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by June 8, 2001; and WI�REAS, the enforcement officer has posted a placard on the Subj ect Property declaring this building{s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condirion has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place aud purpose of the public hearings; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA 34 o..�`o WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, 7uly 17, 2001 to hear testunony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating Uus shucture in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structuze in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of the shucture to be completed within fifteen(15) days after the date of the Council Hearing; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 25, 2001 and the testimony and evidence including ffie action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 790 Selby Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislafive Code, Chapter 45. Z. � � 7 E:� That the costs of demolition and removal of this building(s) is esrimated to exceed three thousand dollars ($3,0OO.OQ). That there now exists and has eacisted multiple Housing or Building code violarions at the Subject Properiy. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condirion sub}ect to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. •'� • The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removai of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 0 t .'1 �a 2 4 5 6 7 9 10 11 12 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the Ciry of Saint Paul, all personal property or fixtures of any lflnd which interfere with the demolition and removal shall be removed from the properiy by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is fiirther ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saant Paul Legislative Code. Adopted by Council: Date _ �� _��y_p, a Adoption Certified by Council Secretary By: �.� � � Approved by M oay r: Date �� r► , � � � �I�%.✓ Requested by Department of: Citizen Service Office• Code Enforcement By: V 1�� `�'--�-' �'r^-- Form Approved by City Attomey , By: dn.� � Approved by Mayor for Submission to Council By: �-� Division of Code Enforcement ` 06/15/Ol ONYACT PERSON 8 Michael R. Mo�rehead 266-8439� IUST BE ON COUNCILAGENOA BY (DAT� . Wednesday, 7uly 25, 2001 � = �� RWiBXi OROBt TOTAL � OF SIGNATURE PAGES � �_ � _ _ _ �"�� ;: � ' Y oi =��a , GREEN SHEET tvo � ��40 ��,.: ��. a„��,K.. 1�'' OIYATiM1EY � ❑ CIfYCLiI1R T ❑ Riwu�tfEAVICFacR ' . - �' ' ��A+N�SKxAV/+LC14 _ �W1TRlqtAtfOi11M1)�I �V� _�� (CLIP ALL LOCATIONS FOR SIGNATUR� LIIUYRCLLUCJICU . . . ___ __ City Council to pass this resolution which will oider the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to zemove the building. The subject property is located at 790 Selby Avenue. hY � PUWNING COMMISSION CIB CAMMITTEE CML SERVICE COMMISSION ItSpNALSERVZCE WNiRAGISMUSTApSWERiHE FOLLOWING QUESiIONS: FlesMicpe�soMrmeverv.akeduMeramcd�acttorCuedepartmenp , YE5 No Fias Ves pe�saNfiim ever been a dly anpbyeeT - . � ___ --_. YES ND . DOEB W6 �IBIbIM1I�l111 pO8BB86 8 SI011 IIO� NII�BIH�'�� M�Y W11El11 CIl7l &IIdOJI2M YE$ t� Is this pe�earvTrtn a tarpe[ed �endo�'! � � � ..._..,. f ..:. . .. . . . . . . �_ - �- ��- , •...- �6�Iaina6Yeeanswe,smseyarateaheMandallachtopreensheet `� __- '3��'$Rfi��'�' s�)' in Chapter 45 and a vacant building as defined in Chapter 43 0. the Saint Paul Legislative Code. The owners, interested-parties and responsible parties.lrnown to the Enforcement Officer were given an order to repair or remove the building at 790 Selby Avenue by June 8, 2001, and have failed to comply with those orders. DVANTAGESIFAPPROVED R �/ The City will eliminate a nuisance. ;-��;:�.� 'r��?�`�'� ��`�,. ! .` �� V _� � �JUI� :�� . _ ,.JUN 22_2C�73 .- -:.: - ;.....�. _ _ . _ ;:y=;.. CiT.Y A�"TORNEY The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, _ collected as special assessment against the prop_erGy ta`,ices: ->� •�- -- `= "�'°-"` "' - ' A n�sance cond�it on will remain unabated in the Cily. This building(s) will continue to blight the community. OTALAMOUNTOPTRANSACTIONf � - � __ COST/REVENUEBUDOE�m(dRCIEON�--, YE3 NO, uNOmosounce Nuisance Housin�Abatement ncrninxue�en 33261 '�. � � = � , _, , - _ �. ,._ . INNNCWIINFORMAl10NIE%PUIM _. _ ._ - . __..,_ . � . ;. . 0 �-'16D REPORT Date: July 17, 2001 Tune: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Sirathman Legislarive Hearing Officer Laid Over Summary Abatements: JO 1 SNO W 1 Snow and/ar ice removal at 1002 Carroll Avenue; J0102C1 Demolition at 1093 Seventh Street West and 520 Ba,�Street J0102BB Boardings-up at 664 Edmund Avenue and 729 Edmund Avenue; J0103AA Property clean up at 729 Edmund Avenue. 664 Edmund Avenue (J0102BB) Legislative Hearin� Officer recommends approval of the assessment. 729 Edmund Avenue (J0102BB) Legislative Hearing Officer recommends approval of the assessment. 729 Edmund Avenue (J0103AA) Legislative Hearing Officer recommends approval of the assessment. 1093 Seventh Street West. 520 Bay Street (J0102C1) Legislative Hearing Officer recomxnends approval of the assessment. 1002 Carroll Avenue (JOISNOWI) Legislative Hearing Officer recommends deleting the assessment. 2. File JO 1 SUNIA - Laid over sunuuary abatement for 916 Minnehaha Avenue East. Legislative Hearing Officer recommends approval of the assessment. 3. Summary Abatements: 70104A Property ciean-up during April and May 2001; J0103C Demolition of buildings during April and May 2001; J0103B Boazding-up of vacant buildings during Mazch and Apri12001; J0104V Towing of abandoned vehicles from private properry during January 2001. 916 Minnehaha Avenue East (J0104V) Legislative Hearing Officer recommends reducing the assessment to $500 pius the $45 service fee for a total assessment of $545. V , � I � O LEGISLATNE HEARING REPORT FOR JiJLY 17, 2001 349 Cook Avenue East (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1612 Alameda Street (70103B) Legislative Hearing Officer recommends approval of the assessment. 905 Iroquois Avenue (70103B) Legislative Hearing Officer recommends approval of the assessment. 650 Aurora Avenue (J0104A) Legisla6ve Hearing Officer recommends approval of the assessment. 597 Blair Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 1910 Cheiton Avenue (J0104A) Legislative Hearing Officer recommends approval of the assessment. 157 Front Street (J0104A) Legislafive Hearing Officer recommends approval of the assessment. 1660 Dayton Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 122 Lvton Place (J0104V) Legislative Hearing Officer recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) Legisla6ve Hearing Officer recommends approval of the assessment. Page 2 515 Nevada Avenue East (J0104A) Legislative Hearing Officer recommends reducing the assessment to $250 plus the $45 service fee for a total assessment of $295. 164 Robie Street West (J0104A) Legislative Heariug Officer recommends approval of the assessment. 327 Wuufred Street East (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1744 Carroll Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 0 \ -'lbn LEGI5LATIVE HEARING REPORT FOR NLY 17, 2001 Page 3 1075 Portland Avenue (J0104A) Legislative Hearing Officer recommends laying over to the July 24, 2001, Legislafive Hearing, 4. Resolution ordering the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 6-5-01) Legislative Hearing Officer recommends laying over to the August 21, 2001, Legislative Hearing to a11ow tune for closing of sale to NEAR (North End Area Revitalization, Inc.). �/ 5. Resolu6on ordering the owner to remove or repair the buiiding at 790 Selbv Avenue. If �� the owner fails to comply with the resolufion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends the owner be given six months to complete the rehabilita6on of the property on condifion that the owner apply for a code compliance inspection by noon of July 25, 2001. rrn CITIZEN SERVICE OFFICE Fred Owusu, Ciry Gerk DNISION OF PAOPERTY CODE ENFORCEMEN"C bfichae! R Morehead, Program Manager A — � ` �. ��' S1�rpAV1� NuisanceBuildingCodeEnforcement Narm Caleman, bfayor � �IS W. KellaggBlcd. Rm 19D Te1: 651-266-8440 SaintPaui,MN5�162 F¢x:651-2b6-3526 Rr� lli� 3une 15, 2001 , Ke�c u" v" ��u a - NOTI�E OF PUBLIC HEARINGS �� Council President and Members of the City Council . - s ��-- - Citizen Service Office, VacanUNuisance Buildings Enforcement Division has requested the City Council schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 790 Selby Avenne The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 17, 2o�1 CiTy Council Hearing - Wednesday, 3uly 25, 2001 The owners and responsible parties of record are: iVame and Last Known Add:ess Manoucher Rostamkhani 115 5 Street N.E. Interzst Equitable Title Mpls., M^T �5413 Tim Cook Moore, Costello & Hart P.L.L.P. 701 4"' Avenue South Suite 1350 Mpls., MN 5��15 Re: Nlanoucher Rostamkhani Attomey for Rostamkhani State of Minnesota Tnist Exempt 50 Kellogg Blvd. W. Ste. 620B St. Paul, MN 5�102 Attorney Gary A. VanCleve �7900 Xe�es Avenue South Blooxriin° "on;-1VIN��55431 �,___ Re: Va11ey�Paving Fee O�vner 7ud�nent Creditor 790 Selby Avenue June 1 S, 2001 Pa�e 2 Name and Last Known Address Interest Curt Potts 981 Payne Avenue St. Paul, MN 55101 Margaret Bischel 5544 12"' Avenue South Mpls., MN 55417 Legal Led�er, Inc. 322 Minnesota Street Ste. E-1432 St. Paul, MN 55101 Rainbow Law Office Attn: Attorney Doug Rainbow 250 2" Avenue South Mpls., MN 55401 Re: Thomas Kirkland Attomey Keith Simmons 18830 Eastwood Drive Excelsior, NN 55331 Re: Metro Contracting Attomey John S. Jagiela 700 Baker Bld�. 706 2" Avenue South Mpls., MN 55402 Re: ��'est Point Peppereli Inc. The 1e�a1 description of t:�is property is: Jud�ment Creditor Judament Creditor 7ud�ment Creditor 7udgment Creditor 7ud�ment Creditor Judement Creditor Lot 3, Block 8, Ninineer & Donnelly's Addition to Holcombe's Addition to Saint Paul Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Le�islativz Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to el'uninate this nuisance condition by correcting the deficiencies or by razin� and removin� this building(s). 790 Selby Avenue June 15, 2001 Pa�e 3 Inasmuch as this Order to Abate has not been complied �vith the nuisance condition remains unabated, the community continues to suffer the blightin� influence of this properry. It is the recommendation of the Division of Code Enforcement that the �ity Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildin� in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be coliected in the same manner as taxes. Sincerely, �t2ve �a�raer Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordarski, PED-Housin� Division ccnph � Q��O MINUTES OF THE LEGISLATIVE HEARING Tuesday, July 17, 2001 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 1D:04 a.m. STAFF PRESENT: Jol�n BeTZ, Code Enforcement; Ro�wna Fiink, Real Estate; Fong Lor, LIEP (License, Inspections, Environmentai Protection); Steve Magner, Code Enforcement; John Saumweber, Real Estate Laid Over Summary Abatements: JOiSNOWl Snow and/or ice removal at 1002 Carroll Avenne; J0102C1 Demolition at 1093 Seventh Street West and 520 Bay Street; J0302BB Boardings-ap at 664 Edmund Avenue and 729 Edmund Avenue; and J0103AA Properiy clean ap at 729 Edmund Avenue. 664 Edmund Avenue (J0102BB) (Fong Lor translated for the owner. Gerry Strathman told Mr. Lor to explain to the owners of 664 Edmund Avenue and 729 Edmund Avenue that his duties aze to translate and not act as an advocate.) Yee Lor, owner, 305 Aurora Avenue, appeazed. Mr. Sirathman stated this is a charge for emergency boazding by the Fire Deparhnent. It was ordered on 1-5-01, 5:30 a.m. The charge is for $795. He asked why the owner feels he should not pay iY. Mr. Lor asked is it his responsibility to pay the fee or shouid his insurance company pay the fee. Mr. Strathman responded this is paid by the insurance company as part of the expense related to the fire customarily. He should present the bill to the insurance company. (Mr. Lor showed paperwork to Mr. Strathman.) Mr. Strathman looked at the paperwork and stated the coverage should pay for the cost of the boazding up, although he is not an expert on these things. Mr. Magner stated the insurance company generatly requires an insurer to m;n;m;�P any �er damage to the property. The insurance wmpany usually wants the property boazded as soon as possible. If the owner has problems getting the company to pay it, he should go to a state examiner. Mr. Lor stated he cannot live at the property anymore, and he asked is it his responsibility to clean up around the house, the lawn, etc. Mr. Strathman responded yes. Mr. Strathman asked when a bill woutd be received in this matter. Roxanna Plink explained the owner should receive a bill within a few weeks. o� � � LEGISLATTVE HEARING MINLTTES OF J[JLY 17, 2001 ' Page 2 Gerry Strathman recommends approval of the assessment. (NOTE: there aze two assessments for 729 Edmund Avenue: J0103AA and J0102BB. J0103AA was discussed at the Legislative Fiearing on 3une 19, and the Hearing Officzr approved the assessment at the time. At the LegisIative Hearing Officer's request, the City Council laid over J0103AA and J0102BB to today's hearing for an interQreter to be present.) 729 Edmund Avenue (J0102BB) (Fong Lor translated for the owner. Mr. Lor had previously explained to the owner that ius duties aze to translate and not act as an advocate.) Ger Yang, owner, appeazed. Mr. S4athman stated this is a charge for $345 for an emergency boazding by the Police Departmen� He asked why the owner should not pay this assessment. Mr. Yang responded the house was already boarded when he purchased it. Mr. Strathman explained that when a house is purchased, a buyer also buys all the responsibilities associated with the house; however, the seilez is obligated to teil the buyer about pending assessments. If the owner was not told, then Mr. Yang should go to the seiler and seek accommodations. Mr. Yang responded the seller came to the City to get an order to evict the tenants. Mr. Yang was not told about any pending assessment. Because he is the current owner, stated Mr. Strathman, the CiTy will look to him to pay these fees. Mr. Yang asked can the City ask the seller about the pending assessment Mr. Strathman responded this is a private transaction between the seIler and the purchaser. The City cannot be invoived. Gerry Strathman recommends approval of the assessment. 729 Edmund Avenue (J0103AA) (Fong Lor translated for the owner.) (See above regazding another assessment.) Ger Yang stated the garbage inside and outside was cleaned up. No one lives at the properry. He called the City to notify them about neighbors throwing furniture on the properry, and he has not gotten any response. Steve Magner reported this was already heazd at the last legislative hearing on 7une 19. A videotape was shown at that time, and the assessment was appmved. The owner claims there �� LEGISLATTVE HEARING MINUTES OF JULY 17, 2001 Page 3 were things dumped on the property, but it is still the owner's responsibility. Once the owner is made aware of it, he is required to remove it. If it is not removed, the City will send people to remove it. Mr. Yang stated at the time of the assessment, he was not the owner. Mr. Magner responded the summary abatement was issued on 2-13-01. He asked when the properiy was purchased. Mr. Yang responded he became the owner on 2-5-01. Mr. Strathman recommends approval of the assessment. The charge goes to the property owner regazdless of whether he owned it at the time of the assessment. 1093 Seventh Street Wect- 520 Bav Street (J0102C1) Robyn Marshall, owner, address of 804 Stewart, appeared and stated she does not believe the contractor did what they were suppose to do for the asbestos removal. They didn't do anything for the Second Floor and they said they would do something in both of the batbrooms. Steve Magner reported the building was ordered to be removed by resolution. The cost to the demolition went to the low bidder wluch was Holst Excavating. They were required to obtain a licensed abatement to identify and remove any asbestos out of the property. They abated the asbestos and then raised the strucriue. Mr. Magner does not verify removal of asbestos; it is monitored by the State Department of Health and the MPCA (Minnesota Pollution Control Agency). There is a ten day waiting period after the building is raised and spot inspections are done. The City is not required to follow up on that. It has to be a licensed abatement conh�actor to remove the asbestos. Mr. Strathman asked about the charges. Mr. Magner responded the originai demolition bid is $12,200, not including the asbestos. And then another $4,800 for the abatement of the asbestos. Ms. MarshaIl sta#ed they only did a third of the floor on the Third Level and nothing on the Second Level. They did not do half of what they were suppose to do. She does not feel she should be chazged for the full amount. Mr. Strathman stated he has no idea how this matter can be resolved. The company contracted to remove asbestos, did iY under whatever supervision tha State exercises over asbestos removal, and the City received a biiL A�ts_ Marshall responded she has photographs showing the business did not do anything. They ripped up the tile on the Third Floor and that's what they did for $5,000. Mr. Magner stated the building has been removed. If there was a concem at the time when she was out there, she should have contacted the City or the State. He asked what was left on site. Ms. Mazshall responded they only did a third of the floor on the First Level, but the tile ran through the entire First Floor. They said it was asbestos contained tile. They said they included both bathrooms on the Second Floor. Mr. Magner responded sometimes it is not the tile, but the underlayment, the backing under the tile, or the linoleum. The contractor is responsible to xnake o�-�t�c� LEGISLATIVE HEARING MINUTES OF 7i7LY 17, 2001 Page 4 sure removed items do not have asbestos bearing materiais. If the properiy was demolished with the asbestos tiles taken to the Iandfill, the contractor can be held legally responsible for it. One load of unrecorded asbestos brought into a landfill has minimum $10,600 fines. The contractor is required by State ]aw to have the asbestos abated before demolition. Mr. Magner stated he has na wap to prove anything. A photograph of a tile does not prove that was the tile in question. Mr. Strathman responded it is a serious attegation; chazging for work that a person did not do is a fraudulent activity. There has to be some conclusive evidence to show that the contractor engaged in this and he would guess the contractor would be reluctant to admit it Ms. Marshall suggested asking them for a list of what was done for the charge. She has a videotape and photographs. Mr. Strathman stated he and Mr. Magner aze reluctaut to approach the contractor and accuse lum of fraud. It is unlikely the City will do that unless there is evidence. Gerry Strathman recommends approval of the resolution. 1002 Carroil Avenue (JOlSNOVJI) Lee Walker, owner, appeared and stated he received the abatement and cieaned it up right after he received it. He put down salY as well. (A videotape was shown.) Mr. Walker stated he got the notice on a Friday and cleaned it up on Saturday. 7ohn Betz responded the notice was mailed on 3-6-01, the reinspection was 3-9-01, and the work was done on 3-15-01. (The videotape was shown again.} Mr. Walker stated the units are so close together that maybe the wrong address was cited. He kept his sidewalk clean all winter. Gerry Strathman recommends deleting the assessment. He will take the owner's word that the sidewalk was kept clean. (NOT'E: There aze two assessments for 916 M3anel�aha Avenue East dQ1St7MA and J0104V. JOl SUMA has been laid over from 6-19-01.) File JOISI7MA - Laid over summary abatement for 916 Minnehaha Avenue East Gerry Strathman stated this is an assessment for removing tires, refuse, metals, etc. Andrew Pham, owner, appeazed and stated he received notice and he did the work. He toid the clean up crew thax the work was already in progress, but they told him they were there on an C�� ^l loC� LEGISLATIVE HEARING MIN[JTES OF NLY 17, 2001 Page 5 order for it to be done now. They had to call the police because he was asking them questions, such as did they have the proper paperwork. He is here to say that he has all the motivations to get it done and he has been getting it done. Gerry Strathwan stated there are a couple of issues here and in some sense they both have been answered: 1) By Code Eaforcement's records and by the owner's aclmowledgment, a notice was sent. 2) There is a videolape and �he owner acknowledged tt3at the crew came out and did the work. There is no basis for nat appmving the assessment. Mr. Pham stated he had some legal issues. By charging the abatements and pushing the schedule ahead is not getting the property finished any sooner. Ae is a student and a future business owner. His recources are limited. He keeps Hazold Robinson (Code Enforcement) informed of his progress. Mr. Pham says the City was a little too enthusiastic about getting it done so eazly. Everything was ready to be taken away and the City came too soon. Mr. Strathman stated his paperwork reads that orders were issued on 10-12-00, and the work was to be completed by 10.16-(a0. The work was not done until 10-25-00. It seems the City crew was late instead of eazly. Mr. Fong responded there were more things he was doing at the time. Everything was by the fence azea ready to be moved. Gerry Strathman recommends approval of the assessment. It seems the City gave the owner proper nofice. Summary Abatements: J0104A Property clean-up during April and May 2001; J0103C Demolirion of buildings during April and May 2001; J0103B Boarding-up of vacant buildings during March and Apri12001; J0104V Towing o# abandoned vehictes from private property during January 2001. 916 Minnehaha Avenue Past (J0104� (See above regazding another assessment.) Andrew Pham asked why it cost $1,469.60 to tow the vehicle. Mr. Strathman responded it does seem like a lot Roxanne Flink responded it was one vehicle. Mr. Pham stated the vehicle was legally parked. The City jumped to conclusions and illegaily entered the property. The Ciry tore up bazriers to get to a vehicie that was in its place. Thaf is wrong and illegai. Gerry Strathman stated he will reduce the assessment to $500 plus the $45 service fee. Mr. Pham asked how he came to that amount. Mr. Strathman responded he has consulted with the lieutenant and commander in charge and they believe if a vehicle is disposed within 30 days, which is a reasonable amount of time, the cost woutd be about $500. For some reason, it seems this vehicle must haue been on the Impound Lot longer ihan normal. o��c� LEGISLATIVE HEARING MINUTES OF JUI.Y 17, 2001 �'._- . Mr. Pham stated that is because he had taken legal action on this. This was a 1958 Buick Berkeley B90. It was a rate and collectible vehicle. It was not abandoned. It was properly stored. Mr. Strathman responded he cannot help him because that issue will have to be dealt with in coutt. Mr. Pham stated he is in legal pmceedings with tha#. A tow costs $125_ He was in the process of getting that vehicle out. He and Commander Morehead bave some unremained issues here and that is why he made it difficult for Mr. Pham to acquire the vehicle. Mr. Pham did not have the option to get it out Steve Magner stated there is a letter to Andrew Fong dated 3-4-0 i from Mike Morehead. The letter says the City removed the vehicle from the property. The letter stipulated what needed to be done to acquire the vehicle. Gerry Strathman recommends reducing the assessment to $500 plus the $45 service fee for a total assessment of $545. 349 Cook Avenue East (J0104A) (No one appeazed to represent the property.) Gerry Sttatl�mau recommended approval. 1612 Alameda Street (J0103B) (No one agpeazed to represent the property.) Gerry Sh�athman recommended approval. 905 Iroquois Avenue (J0103B) (No one a}�peared to represent the property.} Gerry Sirathman recommeAded approvaL 650 Aurora Avenue (J0104A) (No one appeared to represent the properiy.} Gerry Strathruan recommended approval. 597 Blair Avenue (J0104A) Dave Harvieux, owner, appeazed and stated the first notice he received was on 7une 30. He contacted Code Enforcement and he was told notices were sent to the previous owner. Mr. o � �.�c� LEGISLATIVB HEARING NIINIJTES OF JULY 17, 2001 p� � Harvieux purchased the buiiding Apri12000 on a contract for deed. The proper documents were recorded with the Ramsey County in May 2001 because he had not received a tas statement from Ramsey County. He contacted them and was told the documents had never been recorded. He followed up with Ramsey County, they called him back, and said they made a mistake. Also, when he did cali, he inquired abaut what needed to be done. He was told there was an upholstered chair, carpet, and a bag of refuse on a deck. He removed these items from the deck himself. Perhaps there is another chair, carpet, and bag of refuse. John Betz reported he used Ramsey County tas records to find out where to send the notices. Mr. Strathman asked who told him in Ramsey County the records were in error. Mr. Harvieua� responded Debbie in the Recorder's Office. He could get document numbers. He got the notice for today's meeting because they updated their records. (A videotape was shown.) Mr• Strathman stated it was clear from the videotape there was trash on the deck, but it was not clear it was the same trash that was listed. The person on the videotape mentioned a tire and trash. Those items aze not cited on his paperwork. Mr. Harvieus responded it was hard to see what they took. Mr. Betz stated there were two issues here: one was trash on the back deck, and the other was the carpet and chair somewhere in the yazd area by the gazage. That was not part of the videotape, so his presumption would be it was not there when the crew got there. The crew cleaned up bags of trash, wluch would indicate they were there. Gerry Strathman recommends deleting the assessmenx There are serious problems as to whether he was notified and whether the cieanup done was the same cleanup in the order. 1910 Chelton Avenue (J0104A) (No one appeared to represent the progerty.) Gerry Strathman recommends approval of the assessment. 157 Front Street (70104A) Pa Hang, owner, appeared and stated she and her brother own this property. Some personal items were taken thai were stored properly. Mr. Strathman asked was she notified. Ms. Hang responded yes, but she already lived in the house. She cannot do heavy jobs because her hand hurts. She tried to pay people to do the cleanup, but she cannot afford much. o� ��c� LEGISLATIVE HEAR]NG MINI3TE5 OF NLY 17, 2001 � Mr. Strathman stated if she feels the City took things they should not have taken, she can file a claim against the City. Mr. Hang stated the charge of $894.00 was not worth it for the cleanup. She would like to see the videotape. (A videotape was shown.} Gerry Strathman recommends approval of the assessment. It looks like a major cleanup. The assessment is not excessive given the amount of work that had to be done. 1660 Davton Avenue (J0104A) Connie Williams, owner, 1290 Belmont Lane East, Maplewood, appeared and stated she did not own the properry when the cleanup was done. At the time of the cleanup, other people were in the pmcess of moving in. Aer ownership ended 3-1-01. The new owner is Benjamin Bordman (phonetic). John Betz reported the notice was sent to the Iisted owner. Yesterday, it was still listed as Williams. John Saumweber responded Reat Estate got the notice returned in the mail. Roxanna Flink reported Real Estate got a notice from Parks and Recreation that they did the work ott 4-6-d I. It was not pending when Ms. Williams sold it to the new people. The new owner was notified of the hearing today, and the new owner will get the bill. Ms. Williams stated that it was her junk. The new owner said he never got notice until it was bulldozed. She never received a notice either. She had a broken hand, and was unable to clean it. She picked up wha# she couid when it was out of the ice. Mr. Betz stated Ramsey County tas recards show she was the owner, and a notice was sent to her at her address. It was retumed undeliverabie. The new owner has never registered the contract. Until now, thep never had a name for the new owner. It is someone's responsibility to register the coniract and change the ownership. Ms. Williams responded she has called her new address irno the City a number of times. Roxanna Flink stated whoever handled the closing should be contacted about why the ownership was not changed. Her office knew of the new owner because of the retiun mai1. It is the property owner's responsibility to make sure the records are coaec#. In Minnesota, a person is not requu�ed ta fite a deed. Gerry Strathman recommends deleting the assessment. He does not doubt the work was done, but he is concerned about notification tequirements. �\-� �� LEGISLA"TIVE HEARING MINUTES OF JULY 17, 2001 122 Lvton Place (J0104� � Cneg Flesvig, owner, appeared and stated notices were sent to the previous owner. The only notice he received was the one to come here today. He was told that his tenants received the notice. Jobn Betz reported Ramsey County TaYation Records indicated two other peopie were the owners. Notice was sent to them and the occupants of 122 Lyton Place. He did a printout of the ownership on Friday and it comes up with Flesvig at 122 Lyton Place. Gerry Strathman recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) (No one appeazed to represent the property.} Gerry Sirathuian recommends approval of the assessment. 515 Nevada Avenue East (J0104A) Bazb Bartok, owner, appeared and stated a stacked pile of wood by the shed was removed. She had major surgery in Macch, and depended on other people to help her. Mr. Betz reported the fanal notice was mailed 2-23-01. Ms. Bartok stated the yazd was dug up when the City took the items. She asked why the cut wood was taken. Mr. Strathman responded because it was not properly stored he presumes. (A video#ape was shown.) Mr. Strathman stated it does not look like much of a cleanup. (The videotape was shown again.) Ms. Bartok asked about the gouges in her yazd. Mr. Stratl�man stated she should file a ciaim against the City for damages. Gerry Stratbman recommends reducing the assessme� to $250 pius the $45 service fee for a totat assessment of $295. The owner was notified, but the assessment is too lugh. 164 Robie Street West (J0104A) (No one appeazed to represent the property.) Gerry Strathman recommends approval of the assessment. �� LEGISLA"ITVE HEARING MINiJTES OF NLY 17, 2001 327 Winifred Street East (J0104A} (No one appeared to represent the properiy.) Gerry Strathman recommends approval of the assessmen�. Page 10 Resolntion ordering the owner to remove or repair the building at 843 Rice Street Tf the owner fails fo comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 6-5-01) Lori Pagel stated they have accepted an agreement with NEAR (North End Area Revitalization, Inc.). They will purchase the property and rehabilitate it. Ms. Pagel is working with the title insurance company to clear the title. NEAR has signed a letter of intent. They have had an azchitect go through the property. The purchase agreement has not been signed. Gerry Strathman asked when the closing will be. Ms. Pagel responded they have not set a date. Gerry Strathman recommends laying over to the August 21, 2001, Legislafive Hearing to ailow time for ciosing of sale to NEAR (North End Area Revitalizafion, Inc.). He requested Ms. Pagel notify him when the closing has happened. Tfien, he wiil deal with NEAR about the properiy from that point forward. NEAR will be notified at that point to post a bond. � Resolution ordering the owner to remove or repair the building at 790 Selbv Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Manoucher Rostamkhani, owner, aud Kristine Kujala, Ramsey County TaY Forfeited Lands, appeazed. Ms. Kujala stated tl�a# Mr. Rostamkhaai is the con�act purchaser on this properry that he purchased at auction This properiy has a long history of nothing being done on it. Steve Magner reported the building has been vacant since b-26-84. The current owner is Manoucher Rostamkhani, who putchased the property from Ramsey County at auction. There have been 18 summary abatement notices issued to clean the property, secure it, cut tall gass, xemove snow, restore hazazd fencing. On 4-26-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. As of this date, the properiy remams in a condition which camprises a nuisance as defined by the legislative code. The vacaat biriicdmg fees haue been paid. Real estate taxes aze paid. The estnnated market value is $45,000, estimated cost to repair, $75,000; estimated cost to demolish, $10,000 to $11,000. The building is gutted: there is no heating, electrical, or plumbing operable. Mr. Rostamkhani purchased a bond five days ago. The dwelling has to be rehabilitated as a single family or a duplex. The previous owner only lost the dweiling and one of the parcels. The other pazcel has the garage and some decks, which stiil belong to the previous owner. Mr. Rostanikhani stated he plans to finish this building. � �� LEGISLA"ITVE HEARING MINiJTES OF NLY 17, 2001 Page 11 Mr. Strathman stated the only thing missing is the code compliance inspection in order to know what has to be done to bring it up to code. Mr. Rostamkhan; responded he did not lmow about it. Gerry Shathmau recommends the owner be given sis months to complete the rehabilitation of the property on condition that a code compliance insp�flon is applied for by noon of July 25, 2001. 1744 Canoll Avenue (J0104A) John Betz reported he spoke to the owner today. Mr. Betz reviewed the file, photographs, and the videotape. Mr. Betz requests that this be deleted. There were a lot of circumstances here. Gerry Strathman recommends deleting the assessment. 1075 Portland Avenue (J0104A) John Betz requested this be laid over to the next meeting. Gerry Stxathman recommends laying over to the July 24, 2001, Legislative Hearing. The meeting was adjo�ned at 12:02 p.m. � 330 Toronto Street (J0104A) After the meeting, Roxanna Flink said ihai this should be deleted because of norification issues. Gerry Stra#hman recominends deleting this assessment C) � -7�d CTTY OF SAINT PAUL Randy Kelly, Mayor J311U2Sy 2.2� 2.��2 crrrzErr s�vicE o�cE Donald J Lursa, Ciry Clerk I �O Ciry Hall Tel.: 651-266-8989 ISW.KelloggBouZevard Fax: 65]-266-8689 SaintPaul, Minneso2¢ 55102 At the direction of Saint Paul Assistant City Attorney, Meghan Riley, the original copies of all documentation relating to Council File #O1-760, a resolution ordering the owner to remove ar repair the building at 790 Selby Avenue within 15 days from adoption ofresolution, have been sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File Number: C7-01-1757. The copies haue been filed as the original documents in the City Clerk's office files. ° �� 1, '�' """` Donald J. Luna City Clerk �-�'/'�- ' '/� Shari Moore Deputy City Clerk ( � / ,��s;vAL Presented By Referred T Council File # � ( — ?GO Green Sheet # �� 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or 3 wrecking and removal of a two plus story, wood multi-unit shucture located on property hereinafter 4 referred to as the "Subject Property" and commonly known as 790 Selby Avenue. This property is 5 legally described as foliows, to wit: Lot 3, Block 8, Nininger & Donnelly's Addition to Holcombe's Addition to Saint Paul 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, based upon the records in the Ramsey County Recarder's Office and information obtained by Division of Code Enforcement on or befare March 16, 2001, the following are the now lrnown interested or responsible parties for the Subject Property: Manoucher Rostamkhani, ll 5 5`� Street N.E., Mpls., MN 55413; Tim Cook, Moore, Costello & Hart P.L.L.P., 701 4`" Avenue South Suite 1350, Mpls., MN 55415, Re: Manoucher Rostamkhani; State of Minnesota Trust Exempt, 50 Kellogg Blvd. W. Ste. 620B, St. Paul, MN 55102; Attomey Gary A. VanCleve, 7900 Xerxes Avenue South, Bloomington, MN 55431, Re: Valley Pauing; Curt Potts, 981 Payne Avenue, St. Paul, MI3 55101; Margaret Bischel, 554412�' Avenue South, Mpls., MN 55417; Legal Ledger, Inc., 322 Minnesota Street Ste. E-1432, St. Paul, MN 55101; Rainbow Law Office, Arin: Attorney Doug Rainbow, 250 2" Avenue South, Mpls., MN 55401, Re: Thomas Kirkland; Attorney Keith Simmons, 18830 Eastwood Drive, Excelsior, MN 55331, Re: Metro Contracting; Attomey 3ohn S. Jagiela, 700 Baker Bldg., 706 2° Avenue South, Mpls., MN 55402, Re: West Point Pepperell Inc.; WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 9, 2001; and WE3EREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WI�IEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by June 8, 2001; and WI�REAS, the enforcement officer has posted a placard on the Subj ect Property declaring this building{s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condirion has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place aud purpose of the public hearings; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA 34 o..�`o WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, 7uly 17, 2001 to hear testunony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating Uus shucture in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structuze in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of the shucture to be completed within fifteen(15) days after the date of the Council Hearing; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 25, 2001 and the testimony and evidence including ffie action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 790 Selby Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislafive Code, Chapter 45. Z. � � 7 E:� That the costs of demolition and removal of this building(s) is esrimated to exceed three thousand dollars ($3,0OO.OQ). That there now exists and has eacisted multiple Housing or Building code violarions at the Subject Properiy. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condirion sub}ect to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. •'� • The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removai of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 0 t .'1 �a 2 4 5 6 7 9 10 11 12 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the Ciry of Saint Paul, all personal property or fixtures of any lflnd which interfere with the demolition and removal shall be removed from the properiy by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is fiirther ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saant Paul Legislative Code. Adopted by Council: Date _ �� _��y_p, a Adoption Certified by Council Secretary By: �.� � � Approved by M oay r: Date �� r► , � � � �I�%.✓ Requested by Department of: Citizen Service Office• Code Enforcement By: V 1�� `�'--�-' �'r^-- Form Approved by City Attomey , By: dn.� � Approved by Mayor for Submission to Council By: �-� Division of Code Enforcement ` 06/15/Ol ONYACT PERSON 8 Michael R. Mo�rehead 266-8439� IUST BE ON COUNCILAGENOA BY (DAT� . Wednesday, 7uly 25, 2001 � = �� RWiBXi OROBt TOTAL � OF SIGNATURE PAGES � �_ � _ _ _ �"�� ;: � ' Y oi =��a , GREEN SHEET tvo � ��40 ��,.: ��. a„��,K.. 1�'' OIYATiM1EY � ❑ CIfYCLiI1R T ❑ Riwu�tfEAVICFacR ' . - �' ' ��A+N�SKxAV/+LC14 _ �W1TRlqtAtfOi11M1)�I �V� _�� (CLIP ALL LOCATIONS FOR SIGNATUR� LIIUYRCLLUCJICU . . . ___ __ City Council to pass this resolution which will oider the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to zemove the building. The subject property is located at 790 Selby Avenue. hY � PUWNING COMMISSION CIB CAMMITTEE CML SERVICE COMMISSION ItSpNALSERVZCE WNiRAGISMUSTApSWERiHE FOLLOWING QUESiIONS: FlesMicpe�soMrmeverv.akeduMeramcd�acttorCuedepartmenp , YE5 No Fias Ves pe�saNfiim ever been a dly anpbyeeT - . � ___ --_. YES ND . DOEB W6 �IBIbIM1I�l111 pO8BB86 8 SI011 IIO� NII�BIH�'�� M�Y W11El11 CIl7l &IIdOJI2M YE$ t� Is this pe�earvTrtn a tarpe[ed �endo�'! � � � ..._..,. f ..:. . .. . . . . . . �_ - �- ��- , •...- �6�Iaina6Yeeanswe,smseyarateaheMandallachtopreensheet `� __- '3��'$Rfi��'�' s�)' in Chapter 45 and a vacant building as defined in Chapter 43 0. the Saint Paul Legislative Code. The owners, interested-parties and responsible parties.lrnown to the Enforcement Officer were given an order to repair or remove the building at 790 Selby Avenue by June 8, 2001, and have failed to comply with those orders. DVANTAGESIFAPPROVED R �/ The City will eliminate a nuisance. ;-��;:�.� 'r��?�`�'� ��`�,. ! .` �� V _� � �JUI� :�� . _ ,.JUN 22_2C�73 .- -:.: - ;.....�. _ _ . _ ;:y=;.. CiT.Y A�"TORNEY The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, _ collected as special assessment against the prop_erGy ta`,ices: ->� •�- -- `= "�'°-"` "' - ' A n�sance cond�it on will remain unabated in the Cily. This building(s) will continue to blight the community. OTALAMOUNTOPTRANSACTIONf � - � __ COST/REVENUEBUDOE�m(dRCIEON�--, YE3 NO, uNOmosounce Nuisance Housin�Abatement ncrninxue�en 33261 '�. � � = � , _, , - _ �. ,._ . INNNCWIINFORMAl10NIE%PUIM _. _ ._ - . __..,_ . � . ;. . 0 �-'16D REPORT Date: July 17, 2001 Tune: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Sirathman Legislarive Hearing Officer Laid Over Summary Abatements: JO 1 SNO W 1 Snow and/ar ice removal at 1002 Carroll Avenue; J0102C1 Demolition at 1093 Seventh Street West and 520 Ba,�Street J0102BB Boardings-up at 664 Edmund Avenue and 729 Edmund Avenue; J0103AA Property clean up at 729 Edmund Avenue. 664 Edmund Avenue (J0102BB) Legislative Hearin� Officer recommends approval of the assessment. 729 Edmund Avenue (J0102BB) Legislative Hearing Officer recommends approval of the assessment. 729 Edmund Avenue (J0103AA) Legislative Hearing Officer recommends approval of the assessment. 1093 Seventh Street West. 520 Bay Street (J0102C1) Legislative Hearing Officer recomxnends approval of the assessment. 1002 Carroll Avenue (JOISNOWI) Legislative Hearing Officer recommends deleting the assessment. 2. File JO 1 SUNIA - Laid over sunuuary abatement for 916 Minnehaha Avenue East. Legislative Hearing Officer recommends approval of the assessment. 3. Summary Abatements: 70104A Property ciean-up during April and May 2001; J0103C Demolition of buildings during April and May 2001; J0103B Boazding-up of vacant buildings during Mazch and Apri12001; J0104V Towing of abandoned vehicles from private properry during January 2001. 916 Minnehaha Avenue East (J0104V) Legislative Hearing Officer recommends reducing the assessment to $500 pius the $45 service fee for a total assessment of $545. V , � I � O LEGISLATNE HEARING REPORT FOR JiJLY 17, 2001 349 Cook Avenue East (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1612 Alameda Street (70103B) Legislative Hearing Officer recommends approval of the assessment. 905 Iroquois Avenue (70103B) Legislative Hearing Officer recommends approval of the assessment. 650 Aurora Avenue (J0104A) Legisla6ve Hearing Officer recommends approval of the assessment. 597 Blair Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 1910 Cheiton Avenue (J0104A) Legislative Hearing Officer recommends approval of the assessment. 157 Front Street (J0104A) Legislafive Hearing Officer recommends approval of the assessment. 1660 Dayton Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 122 Lvton Place (J0104V) Legislative Hearing Officer recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) Legisla6ve Hearing Officer recommends approval of the assessment. Page 2 515 Nevada Avenue East (J0104A) Legislative Hearing Officer recommends reducing the assessment to $250 plus the $45 service fee for a total assessment of $295. 164 Robie Street West (J0104A) Legislative Heariug Officer recommends approval of the assessment. 327 Wuufred Street East (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1744 Carroll Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 0 \ -'lbn LEGI5LATIVE HEARING REPORT FOR NLY 17, 2001 Page 3 1075 Portland Avenue (J0104A) Legislative Hearing Officer recommends laying over to the July 24, 2001, Legislafive Hearing, 4. Resolution ordering the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 6-5-01) Legislative Hearing Officer recommends laying over to the August 21, 2001, Legislative Hearing to a11ow tune for closing of sale to NEAR (North End Area Revitalization, Inc.). �/ 5. Resolu6on ordering the owner to remove or repair the buiiding at 790 Selbv Avenue. If �� the owner fails to comply with the resolufion, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends the owner be given six months to complete the rehabilita6on of the property on condifion that the owner apply for a code compliance inspection by noon of July 25, 2001. rrn CITIZEN SERVICE OFFICE Fred Owusu, Ciry Gerk DNISION OF PAOPERTY CODE ENFORCEMEN"C bfichae! R Morehead, Program Manager A — � ` �. ��' S1�rpAV1� NuisanceBuildingCodeEnforcement Narm Caleman, bfayor � �IS W. KellaggBlcd. Rm 19D Te1: 651-266-8440 SaintPaui,MN5�162 F¢x:651-2b6-3526 Rr� lli� 3une 15, 2001 , Ke�c u" v" ��u a - NOTI�E OF PUBLIC HEARINGS �� Council President and Members of the City Council . - s ��-- - Citizen Service Office, VacanUNuisance Buildings Enforcement Division has requested the City Council schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 790 Selby Avenne The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 17, 2o�1 CiTy Council Hearing - Wednesday, 3uly 25, 2001 The owners and responsible parties of record are: iVame and Last Known Add:ess Manoucher Rostamkhani 115 5 Street N.E. Interzst Equitable Title Mpls., M^T �5413 Tim Cook Moore, Costello & Hart P.L.L.P. 701 4"' Avenue South Suite 1350 Mpls., MN 5��15 Re: Nlanoucher Rostamkhani Attomey for Rostamkhani State of Minnesota Tnist Exempt 50 Kellogg Blvd. W. Ste. 620B St. Paul, MN 5�102 Attorney Gary A. VanCleve �7900 Xe�es Avenue South Blooxriin° "on;-1VIN��55431 �,___ Re: Va11ey�Paving Fee O�vner 7ud�nent Creditor 790 Selby Avenue June 1 S, 2001 Pa�e 2 Name and Last Known Address Interest Curt Potts 981 Payne Avenue St. Paul, MN 55101 Margaret Bischel 5544 12"' Avenue South Mpls., MN 55417 Legal Led�er, Inc. 322 Minnesota Street Ste. E-1432 St. Paul, MN 55101 Rainbow Law Office Attn: Attorney Doug Rainbow 250 2" Avenue South Mpls., MN 55401 Re: Thomas Kirkland Attomey Keith Simmons 18830 Eastwood Drive Excelsior, NN 55331 Re: Metro Contracting Attomey John S. Jagiela 700 Baker Bld�. 706 2" Avenue South Mpls., MN 55402 Re: ��'est Point Peppereli Inc. The 1e�a1 description of t:�is property is: Jud�ment Creditor Judament Creditor 7ud�ment Creditor 7udgment Creditor 7ud�ment Creditor Judement Creditor Lot 3, Block 8, Ninineer & Donnelly's Addition to Holcombe's Addition to Saint Paul Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Le�islativz Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to el'uninate this nuisance condition by correcting the deficiencies or by razin� and removin� this building(s). 790 Selby Avenue June 15, 2001 Pa�e 3 Inasmuch as this Order to Abate has not been complied �vith the nuisance condition remains unabated, the community continues to suffer the blightin� influence of this properry. It is the recommendation of the Division of Code Enforcement that the �ity Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildin� in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be coliected in the same manner as taxes. Sincerely, �t2ve �a�raer Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordarski, PED-Housin� Division ccnph � Q��O MINUTES OF THE LEGISLATIVE HEARING Tuesday, July 17, 2001 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 1D:04 a.m. STAFF PRESENT: Jol�n BeTZ, Code Enforcement; Ro�wna Fiink, Real Estate; Fong Lor, LIEP (License, Inspections, Environmentai Protection); Steve Magner, Code Enforcement; John Saumweber, Real Estate Laid Over Summary Abatements: JOiSNOWl Snow and/or ice removal at 1002 Carroll Avenne; J0102C1 Demolition at 1093 Seventh Street West and 520 Bay Street; J0302BB Boardings-ap at 664 Edmund Avenue and 729 Edmund Avenue; and J0103AA Properiy clean ap at 729 Edmund Avenue. 664 Edmund Avenue (J0102BB) (Fong Lor translated for the owner. Gerry Strathman told Mr. Lor to explain to the owners of 664 Edmund Avenue and 729 Edmund Avenue that his duties aze to translate and not act as an advocate.) Yee Lor, owner, 305 Aurora Avenue, appeazed. Mr. Sirathman stated this is a charge for emergency boazding by the Fire Deparhnent. It was ordered on 1-5-01, 5:30 a.m. The charge is for $795. He asked why the owner feels he should not pay iY. Mr. Lor asked is it his responsibility to pay the fee or shouid his insurance company pay the fee. Mr. Strathman responded this is paid by the insurance company as part of the expense related to the fire customarily. He should present the bill to the insurance company. (Mr. Lor showed paperwork to Mr. Strathman.) Mr. Strathman looked at the paperwork and stated the coverage should pay for the cost of the boazding up, although he is not an expert on these things. Mr. Magner stated the insurance company generatly requires an insurer to m;n;m;�P any �er damage to the property. The insurance wmpany usually wants the property boazded as soon as possible. If the owner has problems getting the company to pay it, he should go to a state examiner. Mr. Lor stated he cannot live at the property anymore, and he asked is it his responsibility to clean up around the house, the lawn, etc. Mr. Strathman responded yes. Mr. Strathman asked when a bill woutd be received in this matter. Roxanna Plink explained the owner should receive a bill within a few weeks. o� � � LEGISLATTVE HEARING MINLTTES OF J[JLY 17, 2001 ' Page 2 Gerry Strathman recommends approval of the assessment. (NOTE: there aze two assessments for 729 Edmund Avenue: J0103AA and J0102BB. J0103AA was discussed at the Legislative Fiearing on 3une 19, and the Hearing Officzr approved the assessment at the time. At the LegisIative Hearing Officer's request, the City Council laid over J0103AA and J0102BB to today's hearing for an interQreter to be present.) 729 Edmund Avenue (J0102BB) (Fong Lor translated for the owner. Mr. Lor had previously explained to the owner that ius duties aze to translate and not act as an advocate.) Ger Yang, owner, appeazed. Mr. S4athman stated this is a charge for $345 for an emergency boazding by the Police Departmen� He asked why the owner should not pay this assessment. Mr. Yang responded the house was already boarded when he purchased it. Mr. Strathman explained that when a house is purchased, a buyer also buys all the responsibilities associated with the house; however, the seilez is obligated to teil the buyer about pending assessments. If the owner was not told, then Mr. Yang should go to the seiler and seek accommodations. Mr. Yang responded the seller came to the City to get an order to evict the tenants. Mr. Yang was not told about any pending assessment. Because he is the current owner, stated Mr. Strathman, the CiTy will look to him to pay these fees. Mr. Yang asked can the City ask the seller about the pending assessment Mr. Strathman responded this is a private transaction between the seIler and the purchaser. The City cannot be invoived. Gerry Strathman recommends approval of the assessment. 729 Edmund Avenue (J0103AA) (Fong Lor translated for the owner.) (See above regazding another assessment.) Ger Yang stated the garbage inside and outside was cleaned up. No one lives at the properry. He called the City to notify them about neighbors throwing furniture on the properry, and he has not gotten any response. Steve Magner reported this was already heazd at the last legislative hearing on 7une 19. A videotape was shown at that time, and the assessment was appmved. The owner claims there �� LEGISLATTVE HEARING MINUTES OF JULY 17, 2001 Page 3 were things dumped on the property, but it is still the owner's responsibility. Once the owner is made aware of it, he is required to remove it. If it is not removed, the City will send people to remove it. Mr. Yang stated at the time of the assessment, he was not the owner. Mr. Magner responded the summary abatement was issued on 2-13-01. He asked when the properiy was purchased. Mr. Yang responded he became the owner on 2-5-01. Mr. Strathman recommends approval of the assessment. The charge goes to the property owner regazdless of whether he owned it at the time of the assessment. 1093 Seventh Street Wect- 520 Bav Street (J0102C1) Robyn Marshall, owner, address of 804 Stewart, appeared and stated she does not believe the contractor did what they were suppose to do for the asbestos removal. They didn't do anything for the Second Floor and they said they would do something in both of the batbrooms. Steve Magner reported the building was ordered to be removed by resolution. The cost to the demolition went to the low bidder wluch was Holst Excavating. They were required to obtain a licensed abatement to identify and remove any asbestos out of the property. They abated the asbestos and then raised the strucriue. Mr. Magner does not verify removal of asbestos; it is monitored by the State Department of Health and the MPCA (Minnesota Pollution Control Agency). There is a ten day waiting period after the building is raised and spot inspections are done. The City is not required to follow up on that. It has to be a licensed abatement conh�actor to remove the asbestos. Mr. Strathman asked about the charges. Mr. Magner responded the originai demolition bid is $12,200, not including the asbestos. And then another $4,800 for the abatement of the asbestos. Ms. MarshaIl sta#ed they only did a third of the floor on the Third Level and nothing on the Second Level. They did not do half of what they were suppose to do. She does not feel she should be chazged for the full amount. Mr. Strathman stated he has no idea how this matter can be resolved. The company contracted to remove asbestos, did iY under whatever supervision tha State exercises over asbestos removal, and the City received a biiL A�ts_ Marshall responded she has photographs showing the business did not do anything. They ripped up the tile on the Third Floor and that's what they did for $5,000. Mr. Magner stated the building has been removed. If there was a concem at the time when she was out there, she should have contacted the City or the State. He asked what was left on site. Ms. Mazshall responded they only did a third of the floor on the First Level, but the tile ran through the entire First Floor. They said it was asbestos contained tile. They said they included both bathrooms on the Second Floor. Mr. Magner responded sometimes it is not the tile, but the underlayment, the backing under the tile, or the linoleum. The contractor is responsible to xnake o�-�t�c� LEGISLATIVE HEARING MINUTES OF 7i7LY 17, 2001 Page 4 sure removed items do not have asbestos bearing materiais. If the properiy was demolished with the asbestos tiles taken to the Iandfill, the contractor can be held legally responsible for it. One load of unrecorded asbestos brought into a landfill has minimum $10,600 fines. The contractor is required by State ]aw to have the asbestos abated before demolition. Mr. Magner stated he has na wap to prove anything. A photograph of a tile does not prove that was the tile in question. Mr. Strathman responded it is a serious attegation; chazging for work that a person did not do is a fraudulent activity. There has to be some conclusive evidence to show that the contractor engaged in this and he would guess the contractor would be reluctant to admit it Ms. Marshall suggested asking them for a list of what was done for the charge. She has a videotape and photographs. Mr. Strathman stated he and Mr. Magner aze reluctaut to approach the contractor and accuse lum of fraud. It is unlikely the City will do that unless there is evidence. Gerry Strathman recommends approval of the resolution. 1002 Carroil Avenue (JOlSNOVJI) Lee Walker, owner, appeared and stated he received the abatement and cieaned it up right after he received it. He put down salY as well. (A videotape was shown.) Mr. Walker stated he got the notice on a Friday and cleaned it up on Saturday. 7ohn Betz responded the notice was mailed on 3-6-01, the reinspection was 3-9-01, and the work was done on 3-15-01. (The videotape was shown again.} Mr. Walker stated the units are so close together that maybe the wrong address was cited. He kept his sidewalk clean all winter. Gerry Strathman recommends deleting the assessment. He will take the owner's word that the sidewalk was kept clean. (NOT'E: There aze two assessments for 916 M3anel�aha Avenue East dQ1St7MA and J0104V. JOl SUMA has been laid over from 6-19-01.) File JOISI7MA - Laid over summary abatement for 916 Minnehaha Avenue East Gerry Strathman stated this is an assessment for removing tires, refuse, metals, etc. Andrew Pham, owner, appeazed and stated he received notice and he did the work. He toid the clean up crew thax the work was already in progress, but they told him they were there on an C�� ^l loC� LEGISLATIVE HEARING MIN[JTES OF NLY 17, 2001 Page 5 order for it to be done now. They had to call the police because he was asking them questions, such as did they have the proper paperwork. He is here to say that he has all the motivations to get it done and he has been getting it done. Gerry Strathwan stated there are a couple of issues here and in some sense they both have been answered: 1) By Code Eaforcement's records and by the owner's aclmowledgment, a notice was sent. 2) There is a videolape and �he owner acknowledged tt3at the crew came out and did the work. There is no basis for nat appmving the assessment. Mr. Pham stated he had some legal issues. By charging the abatements and pushing the schedule ahead is not getting the property finished any sooner. Ae is a student and a future business owner. His recources are limited. He keeps Hazold Robinson (Code Enforcement) informed of his progress. Mr. Pham says the City was a little too enthusiastic about getting it done so eazly. Everything was ready to be taken away and the City came too soon. Mr. Strathman stated his paperwork reads that orders were issued on 10-12-00, and the work was to be completed by 10.16-(a0. The work was not done until 10-25-00. It seems the City crew was late instead of eazly. Mr. Fong responded there were more things he was doing at the time. Everything was by the fence azea ready to be moved. Gerry Strathman recommends approval of the assessment. It seems the City gave the owner proper nofice. Summary Abatements: J0104A Property clean-up during April and May 2001; J0103C Demolirion of buildings during April and May 2001; J0103B Boarding-up of vacant buildings during March and Apri12001; J0104V Towing o# abandoned vehictes from private property during January 2001. 916 Minnehaha Avenue Past (J0104� (See above regazding another assessment.) Andrew Pham asked why it cost $1,469.60 to tow the vehicle. Mr. Strathman responded it does seem like a lot Roxanne Flink responded it was one vehicle. Mr. Pham stated the vehicle was legally parked. The City jumped to conclusions and illegaily entered the property. The Ciry tore up bazriers to get to a vehicie that was in its place. Thaf is wrong and illegai. Gerry Strathman stated he will reduce the assessment to $500 plus the $45 service fee. Mr. Pham asked how he came to that amount. Mr. Strathman responded he has consulted with the lieutenant and commander in charge and they believe if a vehicle is disposed within 30 days, which is a reasonable amount of time, the cost woutd be about $500. For some reason, it seems this vehicle must haue been on the Impound Lot longer ihan normal. o��c� LEGISLATIVE HEARING MINUTES OF JUI.Y 17, 2001 �'._- . Mr. Pham stated that is because he had taken legal action on this. This was a 1958 Buick Berkeley B90. It was a rate and collectible vehicle. It was not abandoned. It was properly stored. Mr. Strathman responded he cannot help him because that issue will have to be dealt with in coutt. Mr. Pham stated he is in legal pmceedings with tha#. A tow costs $125_ He was in the process of getting that vehicle out. He and Commander Morehead bave some unremained issues here and that is why he made it difficult for Mr. Pham to acquire the vehicle. Mr. Pham did not have the option to get it out Steve Magner stated there is a letter to Andrew Fong dated 3-4-0 i from Mike Morehead. The letter says the City removed the vehicle from the property. The letter stipulated what needed to be done to acquire the vehicle. Gerry Strathman recommends reducing the assessment to $500 plus the $45 service fee for a total assessment of $545. 349 Cook Avenue East (J0104A) (No one appeazed to represent the property.) Gerry Sttatl�mau recommended approval. 1612 Alameda Street (J0103B) (No one agpeazed to represent the property.) Gerry Sh�athman recommended approval. 905 Iroquois Avenue (J0103B) (No one a}�peared to represent the property.} Gerry Sirathman recommeAded approvaL 650 Aurora Avenue (J0104A) (No one appeared to represent the properiy.} Gerry Strathruan recommended approval. 597 Blair Avenue (J0104A) Dave Harvieux, owner, appeazed and stated the first notice he received was on 7une 30. He contacted Code Enforcement and he was told notices were sent to the previous owner. Mr. o � �.�c� LEGISLATIVB HEARING NIINIJTES OF JULY 17, 2001 p� � Harvieux purchased the buiiding Apri12000 on a contract for deed. The proper documents were recorded with the Ramsey County in May 2001 because he had not received a tas statement from Ramsey County. He contacted them and was told the documents had never been recorded. He followed up with Ramsey County, they called him back, and said they made a mistake. Also, when he did cali, he inquired abaut what needed to be done. He was told there was an upholstered chair, carpet, and a bag of refuse on a deck. He removed these items from the deck himself. Perhaps there is another chair, carpet, and bag of refuse. John Betz reported he used Ramsey County tas records to find out where to send the notices. Mr. Strathman asked who told him in Ramsey County the records were in error. Mr. Harvieua� responded Debbie in the Recorder's Office. He could get document numbers. He got the notice for today's meeting because they updated their records. (A videotape was shown.) Mr• Strathman stated it was clear from the videotape there was trash on the deck, but it was not clear it was the same trash that was listed. The person on the videotape mentioned a tire and trash. Those items aze not cited on his paperwork. Mr. Harvieus responded it was hard to see what they took. Mr. Betz stated there were two issues here: one was trash on the back deck, and the other was the carpet and chair somewhere in the yazd area by the gazage. That was not part of the videotape, so his presumption would be it was not there when the crew got there. The crew cleaned up bags of trash, wluch would indicate they were there. Gerry Strathman recommends deleting the assessmenx There are serious problems as to whether he was notified and whether the cieanup done was the same cleanup in the order. 1910 Chelton Avenue (J0104A) (No one appeared to represent the progerty.) Gerry Strathman recommends approval of the assessment. 157 Front Street (70104A) Pa Hang, owner, appeared and stated she and her brother own this property. Some personal items were taken thai were stored properly. Mr. Strathman asked was she notified. Ms. Hang responded yes, but she already lived in the house. She cannot do heavy jobs because her hand hurts. She tried to pay people to do the cleanup, but she cannot afford much. o� ��c� LEGISLATIVE HEAR]NG MINI3TE5 OF NLY 17, 2001 � Mr. Strathman stated if she feels the City took things they should not have taken, she can file a claim against the City. Mr. Hang stated the charge of $894.00 was not worth it for the cleanup. She would like to see the videotape. (A videotape was shown.} Gerry Strathman recommends approval of the assessment. It looks like a major cleanup. The assessment is not excessive given the amount of work that had to be done. 1660 Davton Avenue (J0104A) Connie Williams, owner, 1290 Belmont Lane East, Maplewood, appeared and stated she did not own the properry when the cleanup was done. At the time of the cleanup, other people were in the pmcess of moving in. Aer ownership ended 3-1-01. The new owner is Benjamin Bordman (phonetic). John Betz reported the notice was sent to the Iisted owner. Yesterday, it was still listed as Williams. John Saumweber responded Reat Estate got the notice returned in the mail. Roxanna Flink reported Real Estate got a notice from Parks and Recreation that they did the work ott 4-6-d I. It was not pending when Ms. Williams sold it to the new people. The new owner was notified of the hearing today, and the new owner will get the bill. Ms. Williams stated that it was her junk. The new owner said he never got notice until it was bulldozed. She never received a notice either. She had a broken hand, and was unable to clean it. She picked up wha# she couid when it was out of the ice. Mr. Betz stated Ramsey County tas recards show she was the owner, and a notice was sent to her at her address. It was retumed undeliverabie. The new owner has never registered the contract. Until now, thep never had a name for the new owner. It is someone's responsibility to register the coniract and change the ownership. Ms. Williams responded she has called her new address irno the City a number of times. Roxanna Flink stated whoever handled the closing should be contacted about why the ownership was not changed. Her office knew of the new owner because of the retiun mai1. It is the property owner's responsibility to make sure the records are coaec#. In Minnesota, a person is not requu�ed ta fite a deed. Gerry Strathman recommends deleting the assessment. He does not doubt the work was done, but he is concerned about notification tequirements. �\-� �� LEGISLA"TIVE HEARING MINUTES OF JULY 17, 2001 122 Lvton Place (J0104� � Cneg Flesvig, owner, appeared and stated notices were sent to the previous owner. The only notice he received was the one to come here today. He was told that his tenants received the notice. Jobn Betz reported Ramsey County TaYation Records indicated two other peopie were the owners. Notice was sent to them and the occupants of 122 Lyton Place. He did a printout of the ownership on Friday and it comes up with Flesvig at 122 Lyton Place. Gerry Strathman recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) (No one appeazed to represent the property.} Gerry Sirathuian recommends approval of the assessment. 515 Nevada Avenue East (J0104A) Bazb Bartok, owner, appeared and stated a stacked pile of wood by the shed was removed. She had major surgery in Macch, and depended on other people to help her. Mr. Betz reported the fanal notice was mailed 2-23-01. Ms. Bartok stated the yazd was dug up when the City took the items. She asked why the cut wood was taken. Mr. Strathman responded because it was not properly stored he presumes. (A video#ape was shown.) Mr. Strathman stated it does not look like much of a cleanup. (The videotape was shown again.) Ms. Bartok asked about the gouges in her yazd. Mr. Stratl�man stated she should file a ciaim against the City for damages. Gerry Stratbman recommends reducing the assessme� to $250 pius the $45 service fee for a totat assessment of $295. The owner was notified, but the assessment is too lugh. 164 Robie Street West (J0104A) (No one appeazed to represent the property.) Gerry Strathman recommends approval of the assessment. �� LEGISLA"ITVE HEARING MINiJTES OF NLY 17, 2001 327 Winifred Street East (J0104A} (No one appeared to represent the properiy.) Gerry Strathman recommends approval of the assessmen�. Page 10 Resolntion ordering the owner to remove or repair the building at 843 Rice Street Tf the owner fails fo comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 6-5-01) Lori Pagel stated they have accepted an agreement with NEAR (North End Area Revitalization, Inc.). They will purchase the property and rehabilitate it. Ms. Pagel is working with the title insurance company to clear the title. NEAR has signed a letter of intent. They have had an azchitect go through the property. The purchase agreement has not been signed. Gerry Strathman asked when the closing will be. Ms. Pagel responded they have not set a date. Gerry Strathman recommends laying over to the August 21, 2001, Legislafive Hearing to ailow time for ciosing of sale to NEAR (North End Area Revitalizafion, Inc.). He requested Ms. Pagel notify him when the closing has happened. Tfien, he wiil deal with NEAR about the properiy from that point forward. NEAR will be notified at that point to post a bond. � Resolution ordering the owner to remove or repair the building at 790 Selbv Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Manoucher Rostamkhani, owner, aud Kristine Kujala, Ramsey County TaY Forfeited Lands, appeazed. Ms. Kujala stated tl�a# Mr. Rostamkhaai is the con�act purchaser on this properry that he purchased at auction This properiy has a long history of nothing being done on it. Steve Magner reported the building has been vacant since b-26-84. The current owner is Manoucher Rostamkhani, who putchased the property from Ramsey County at auction. There have been 18 summary abatement notices issued to clean the property, secure it, cut tall gass, xemove snow, restore hazazd fencing. On 4-26-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. As of this date, the properiy remams in a condition which camprises a nuisance as defined by the legislative code. The vacaat biriicdmg fees haue been paid. Real estate taxes aze paid. The estnnated market value is $45,000, estimated cost to repair, $75,000; estimated cost to demolish, $10,000 to $11,000. The building is gutted: there is no heating, electrical, or plumbing operable. Mr. Rostamkhani purchased a bond five days ago. The dwelling has to be rehabilitated as a single family or a duplex. The previous owner only lost the dweiling and one of the parcels. The other pazcel has the garage and some decks, which stiil belong to the previous owner. Mr. Rostanikhani stated he plans to finish this building. � �� LEGISLA"ITVE HEARING MINiJTES OF NLY 17, 2001 Page 11 Mr. Strathman stated the only thing missing is the code compliance inspection in order to know what has to be done to bring it up to code. Mr. Rostamkhan; responded he did not lmow about it. Gerry Shathmau recommends the owner be given sis months to complete the rehabilitation of the property on condition that a code compliance insp�flon is applied for by noon of July 25, 2001. 1744 Canoll Avenue (J0104A) John Betz reported he spoke to the owner today. Mr. Betz reviewed the file, photographs, and the videotape. Mr. Betz requests that this be deleted. There were a lot of circumstances here. Gerry Strathman recommends deleting the assessment. 1075 Portland Avenue (J0104A) John Betz requested this be laid over to the next meeting. Gerry Stxathman recommends laying over to the July 24, 2001, Legislative Hearing. The meeting was adjo�ned at 12:02 p.m. � 330 Toronto Street (J0104A) After the meeting, Roxanna Flink said ihai this should be deleted because of norification issues. Gerry Stra#hman recominends deleting this assessment