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01-787Council File # O ( �' � � Green Sheet # 1oa3K [ RESOLUTION Presented By Referred To OF SAINT PAUL, MINNESOTA �S Committee: Date 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, wood frame, single family dwelling and the detached, two-stall, wood frame garage 4 and shed located on property hereinafter referred to as the "Subject Property" and commonly lrnown as 5 1003 Hudson Rd. This property is legally described as follows, to wit: Lot 17, Block 71, Scotten's Subdivision of Block 71 Lyman Dayton's Addition to St Paul. 9 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 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before March 22, 2001, the following are the now laiown interested or responsible parties for the Subject Property: Lois Harrington, 1025 Hudson Rd. #1, St. Paul, MN 55106; Don Larson, P.O. Box 16572, St. Paul, MN 55116; TCF Bank Minnesota fsb, 801 Marquette Avenue, Mpls., MN 55402 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 21, 2001; and WHEREAS, 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 WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the shucture located on the Subject Property by June 20, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, tl�is nuisance condition 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 and purpose of the public hearings; and WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 24, 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 Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and a�.��? � 9 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 WAEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August Oi, 2001 and the testimony and evidence including the 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 Properiy at 1003 Hudson Rd: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then lrnown responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condirion have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely momtored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notificarion requirements of Chapter 45 have been fulfilled. ORDER 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 welfare and remove its blighting influence on the community by rehabilitating tkus 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 structure in accordance with all applicable codes and ordinances. The rehabilitation ar demolition and removal of the shucture must be completed within fifteen (15) days after the date of the Council Hearing. 2. If the above conective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps aze 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. OI-� 2 4 5 6 7 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this tune period. If all personai property is not removed, it shall be considered to be abandoned and the City of Saint Paui shall remove and dispose of such properiy as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date ,\ 2-0 �� Adoption Certified by Council Secretary By: ��—��c� - ��.. Approved by Mayor: Date � � / : � � l�� Requested by Department oE Citizen Service Office; Code Enforcement By:�1W�L�✓V I" � � Form Approved by City Attorney By: Approved by Mayor for Submission to Council By Division of Code Enforcement 06/29/Ol 266-8439 -�. aooi �� TOTAL # OF SIGNATURE PAGES GREEN SHEET V O t —'1�'? N 1�02�� 1 � m.�. � - . 1 _� � ❑..�.,�,�.�. ❑..�.,�.K,o � WYORIGRAifif11111� ❑ . (CLJP ALL LOCA NS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referericed building(s). If the owner fails to comply with the resolution, the Cifizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 1003 Hudson Rd. CiOUf�� RBSc^3f�h e9n}2P J�� �. � aooi PLANNING COMM�SSION CIB CdMM1TTEE CML SERVICE COMMISSION �������a���� YES NO fias Mis pnaonrfiml ever heen e dty dnpbyee7 YES NO Dces fhis P�w�lfirm poeaece a sldll no[ nnmeAYO� M' �Y WrteM atY empbyee? � YES NO Is tFAe peisoNfirm a tery�ed verMOYt YES NO ��('§��fs�i ��'Y�n���1'i4�`ed in Chapter 45 and a vacant building as defined in ChapYer 43 01 the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to tlie Enforcement Officer were given an order to repair or remove the building at 1003 Hudson Rd by June 20, 2001, and have failed to comply with those orders. wvaN in�ts o- nrrK�vtu The City will eliminate a nuisance. � �� G�i � -� <" ���, �� �`�� � ��i� )ISADVANTAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the ��+, collected as a special assessment a�ainst the property tases. NOTAPPROV� ondition will remain unabated in the City. This building(s) will continue to blight the community. AMOUNT OF TRIINSACTION S � - �. ,i - ... .i• :.. -�-� eosrrt�vauE suotserm <afee� oN� / rEa ) wo �crnmNUrs�c 33261 (�wM oc-�t'? •�.� Date: July 24, 2001 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLAT'IVE HEARING Gerry Strathman Legislafive Hearing Officer 1. Laid Over Summary Abatements: J0102CC Demolition of 1317 Arkwright Street. JOl SNOW2 Snow and/or ice removal from 1016 Beech Street 1317 Arkwright Street Legislative I3earing Officer recommends approval of the assessment. 1016 Beech Street Legislative Hearing Officer recommends deleting the assessmenY. 2. Laid Over Sunvnary Abatement: 70104A Properry cleanup at 1075 Portland Avenue. Legislative Hearing Officer recommends laying over to the August 7, 2001, Legislative Hearing. 3. �tesaluYeon ordering the owner to remove or repair the properry at 1183 Arkwright Street. If the owner fails to compiy, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner 90 days to remove or repair the property on condition that the vacant building fee is paid by noon of August 6, 2001. 4. Resolution ordering the owner to remove ar repair the paop�riy at 1003 Hudson Road. If #he ovvner faits to rAmPi}', Code Enfoxcsment is ordered to remove the building. Legislative Hearing Officer recommends approval. ��x► CITIZEN SERVICE OFFICE crrY oF sa�rr paui.. Norm Colaman, Mayor June 29, 2001 Fred Owusu, City Clerk ^� f1 Q�� a { DIVIS[ON OF PROPERTY CODE ENFORCEMENT Michael R. Nforehead, Program Manager Nuisance Bvilding Code Enforcement IS If! Ke!loggBlvd. Rm. 190 Te[: 65I-266-8440 SaintPau1,�55102 Fas:651-266-8426 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council ' Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: . 1003 Hudson Rd The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 24, 2001 City Council Aearing - Wednesday, August Ol, 2001 The owners and responsible parties of record are: Name and Last Knocvn Address Lois Harrin�ton 1025 Hudson Rd. �1 St. Paul, NN 55106 Interest Fee O�vner Don Larson P.O. Box 1657T St. Paul, MN 55116 TCF Bank Minnesota fsb 801 Mazquette Avenue Mpls., MN 55402 The legal description of this property is: Interested Party Mortga�ee Lot 17, Block 71, Scotten's Subdivison of Block 71 Lyman Dayton's Addition to St Paul. ot -'�� 1003 Hudson Rd. June 29, 2001 Page 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then lrnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� 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 a�ainst the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �teve �a��zer Steve Magner VacantBuildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housing Division ccnph a���� MINUTES OF TI� LEGISLATIVE HEARING Tuesday, July 24, 2001 Room 330 Courthouse Gerry Strathman, I.egislative Hearing Officer The meeting was called to order at 10:05 a_m. STAFF PRESENT: 7ohn Betz, Code Enforcement; Roxanna Flink, Real Estate; Steve Magier, Code Enforcement; Mike Morehead, Code Enforcement Laid Over Summary Abatements: J0102CC Demolition of 1317 Arkwright Street. JOISNOR'2 Snow and/or ice removal from 1016 Beech Street 1317 Arkwri t Street (No one appeazed to represent the properry.) Gerry Strathman recomznends approval of the assessment. 1016 Beech Street {A videotape was shown.) Moira Gaidzanwa, owner, appeazed. Her sidewalk has less snow than the adjacent property. It looked like it was plowesi the grevious day aad was snowed over in the morning. 7ohn Betz reported that upon receipt of a complaint, a letter was mailed on 1-19-01 to the properry owner at 451 Lynnhurst Avenue East. An inspecfion was conducted on i-24-01. The inspector noted there was snow and ice built up on the sidewalk. A handwritten notice was sent to the properry owner at the same address. It was reinspected on 1-31-01. It read that the snow and ice remained and the sidewat� was hazardous. Ms. Gaidzanwa stated she did not receive the notice. Mr. Betz responded the first notice was generated from the Citizen Service Office. Several notices were sent out from his office for rental registration, correction notices. None of these have been returned as undeliverable. iVir. Strathman stated that the City send norices Uuough the U.S. mail system, and that is considered deiivered uader the iaw. Ms. Craid�aawa iesponckd she would not choose to ignore this notice when she responds #o all o#her leuers t�e City �usls her. She has someone that takes care vf #he snow It looks h'ice iess ti�an an inch of accumutation. Jofin Betz responded that City ordinance reads that snow is to be removed within 24 hours. Mr. Strathman recommends deleting the assessment. Technically, the City has met its burden of proof. From the videotape, it does not seem a case of serious neglect. The owner assures him that she did not receive notice, and he will take her word for it ttris time. o� � �� LEGISLATIVE HEARING MIIdUTES OF JULY 24, 2001 Laid Over summary Abatement: J0104A Property cIeanup af 1075 PorEIand Avenue. (No one appea�ed to represent the properry.) Page 2 John Betz reported this was Iaid over because the owner was out of town due to a tragedy in the family. She was suppose to call Mr. Betz back, but did not do so. He suggested that this be laid over again. Gerry Strathman laid over to the August 7, 2001, Legislative Hearing. Resointion ordering the owner to remove or repair the property at 1183 Arkwright Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Photographs were presented.) Steve Magner reported this properry has been condemned since 12-10-99 and has been vacant since 5-8-00. There have been four summary abatement notices issued to remove vehicles, cut tall grass, remove refuse. On 5-9-01, an inspection ofthe building was conducted, a list of deficiencies wluch constihrte a nuisance condition was developed, and photographs were taken. As of today, the property remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building fees aze due. Real estate taJ�es aze paid. Estimated market value is $52,9D0, estimated cost to repair, $20,000 to $50,000; cost to demolish, $8,000 to $9,000. The lazge gap for repair is due to Code Enforcement's inability to completely inspect the property. Donald Drouin, owner, appeared and stated he has a signed purchase agreement from the adjacent properry. Withia six months, the house will be moved or demolished. He does not understand the rush. Gerry Strathman asked about #he closing date on the purchase agreement. Mr. Drouin responded no more than i&0 days from Apri125, which may be September 23. He would like an estension of time to cover the period of the purchase agreement. Mr. Strathman asked does the purchase agreement call for the closing to occur by the September date. Mr. Drouin responded yes. Mr. Magner stated there is a gas station called Marathon Oil adjacent to 1183 Arkwright Street. The3' ffie Purchasing tLe groperiy, perhaps #o expand tfie operation there. Mr. Magner concem is the #ime limit. F3e }�as not seen the purchase agreement and would like some finality with the whole issue. Mr. Drouin stated that several meetings ago, he gave whoever was here the name and phone number of the person in the regional real estate office of Marathon Oil. Mr. Magner responded that Mr. Drouin could have brought with him a copy of the agreement. o���� LEGISLATIVE HEARING MINUTES OF NLY 24, 2001 Page 3 Mike Morehead reported there is a long history with this house. It is considered a trash house. Over a year ago, Mr. Morehead found 17 cats in the house, storage in the basement up to the rafters, storage on the main floor shoulder height. The house was littered with cat feces. He talked to someone in the City Attomey's Office to prosecute the owtter for failure to pay the vacant building fee. The case was originally dismissed on assurances that the owner was going to pay the vacant building fee. There is a history here of noncompliance and no follow through. A couple of weeks ago, the porch was packed full of stuff. Mr. Morehead would like the following: 1) Follow through on the vacant building fee, 2) A bond posted, 3) a determination as to whether the house is marketable. The only way to determine that is to get the contents and animals o�. No one is supposedty fiving in there. The property shoutd be emptied to the baze walls so a prospeciive purchaser may determine its worth. The house is so permeated with cat urine tbat no one will want it. 4) The fuel in the house is dangerous. Mr. Drouin stated he objects to the demand for a bond. He is a disabled vet living on a fixed income. He does not have bond funds. There aze no feces in the house. The house is not full of junk. He tried to get the property cleaned up. As of a year ago May, he could not get specific criteria of what was required beyond cleaning up the t�ash in the house. Mr. Morehead saw the dumpster at the property, said Mr. Drouin, so lus office knows the work is being done. They cannot say he is being noncompliant when he is working on this. Mr, Strathman asked is Mr. Drouin unable or unwilling to post a bond. Mr. Drouin responded he is unable to post a bond. The money went to rent a dumpster. Since the prospective buyer is Mazathon oil, stated Mr. Strafl�man, it seems they have no intention of occupying this house. He asked what difference it makes if the house is demolished by the City. Mr. Drouin responded he does not want to pay for the demolition. That is a cost that the buyer is to incur as ger #he purchase agreement. Mr. Strathman stated he would lik$ to see the purchase agreement to understand its terms. Mr. Magner stated if the owner is going to go ahead with the purchase agreement, by the time the house is demolished and the assessment ratified, it would be in the hands of Mazathon Oil, who would receive the bill. Mr. Morehead stated he would like to see Mr. Drouin get the full value of lris properry. At the sanne time, Mr. Morehead would like to protect neighboring property and to have Mr. Drouin foIlow the 3aw. If the City demolishes the building, all tbat would be left is a vacant lot. Mr. Morehead is Iooking for a solution so that neighbors aren't in any danger, and the house is in compliance. He wouid like the purchase agreement accelerated. Mr- Magner stated landfills do not accept municipal waste mixed in with the conshuction landfill. The properry will have to be cleaned out before the demolition. Mr. Strathman stated he will recommend approval of the order on condition that the vacant building fee is paid by August 1. The order will be amended from 15 days to 90 days, which allows for the transfer of ownership and for the new buyer to demolish the property before the LEGISLATIVE HEARING MINUTES OF JtJLY 24, 2001 o���s� y5. Page 4 City. His decision does not address any immediate hazards there may be to the surrounding neighbors. It is a tolerable risk. This gives Mr. Drouin opportunity to recover the full value of his property. Mr. Morehead suggested an amendment to Mr. Stathman's decision: bring the interior to the bare we1Ls in a certain amotmt of time and ao aaimals in the property. Mr. Strathman responded he is willing to do the pazt about an�als because this is a vacant building and should not have any animals in it He is reluctant to put the burden on the owner to empty this property because Mr. Strathman is not sure Mr. Drouin has the finances and the wherewithal to do it. Mr. Drouin responded he cannot hire a mover until he closes on the property and gets a check. Once the carpet is removed, there is little damage to the floors. Also, he would like the due date to be August 3. Social security does not disperse until then. As for the animals, he needs time to place them. He was told he could not live in the house, but no one said anything about the animals. He was told he could take caze of them. There aze about 13. Mr. Morehead stated there aze too many cats in the building. The ordinance is very cleaz. If the cats aze not gone by August 1, they wiil go to Animal Control. Gerry Strathman recommends granting the owner 90 days to remove or repair the properiy on condition that the vacant building fee is paid by noon of August 6, 2001. If the vacant building fee is not paid by then, the resolution to remove or repair will revert to 15 days. Resolatioa ordering the owner to remove or repair the property at 1003 Hudson Road. If the owner fails to comply, Code Enforcement is ordered to remove the building. (No one appeazed to represent the property. Photographs were presented.) Steve Magner stated this building has been vacant since 11-18-97. Current owner is Lois Hazrington. Five summary abatemenY notices have been issued to remove refuse, secure garage door, and cut tail grass. On 5-10-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on 5-21-01 with a compliance date of 6-20-01. As of this date, this properry remains in a condition which comprises a nuisance as defined by the legislarive code. Vacant building fees aze due. Real tases aze unpaid in the amount of $1,557.15. Estimated market valne is $64,900; estimated cost to repair, $45,000; estimated cost to demolish, $8,flU0 to $9,040. A code complianc� has not been applied for. Mr. Magner stafed he received a phone c�ii from a Don Larson, who claims to be Lois Harrington's son. 3vir. Larson at ane #ime filled out the vacant building registration form indicating he would be the one responsible for rehabilitating the properiy. He now denies he filled out the document, but asked for a layover. Mr. Magner referred him to Mr. Strathman. Mr. Strathxnan stated that Mr. Larson called Mr. Strathman's secretary this morning, indicated he couid not find his mother, and asked for addirional time. � � � �� LEGISLATIVE HEARING MIN UTES OF JULY 24, 2001 Page 5 Mr. S�athman asked about the market value. Mr. Magner responded that amount is too high based on the condition of the property. He does not believe there is much value listed to the property. Sometimes, the assessor is not looking that close. That amount also includes land. �.t„�,..,, _ �„��-�. ..�� . The meeting was adjourned at 10:50 am. F�ii1 Council File # O ( �' � � Green Sheet # 1oa3K [ RESOLUTION Presented By Referred To OF SAINT PAUL, MINNESOTA �S Committee: Date 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, wood frame, single family dwelling and the detached, two-stall, wood frame garage 4 and shed located on property hereinafter referred to as the "Subject Property" and commonly lrnown as 5 1003 Hudson Rd. This property is legally described as follows, to wit: Lot 17, Block 71, Scotten's Subdivision of Block 71 Lyman Dayton's Addition to St Paul. 9 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 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before March 22, 2001, the following are the now laiown interested or responsible parties for the Subject Property: Lois Harrington, 1025 Hudson Rd. #1, St. Paul, MN 55106; Don Larson, P.O. Box 16572, St. Paul, MN 55116; TCF Bank Minnesota fsb, 801 Marquette Avenue, Mpls., MN 55402 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 21, 2001; and WHEREAS, 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 WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the shucture located on the Subject Property by June 20, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, tl�is nuisance condition 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 and purpose of the public hearings; and WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 24, 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 Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and a�.��? � 9 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 WAEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August Oi, 2001 and the testimony and evidence including the 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 Properiy at 1003 Hudson Rd: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then lrnown responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condirion have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely momtored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notificarion requirements of Chapter 45 have been fulfilled. ORDER 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 welfare and remove its blighting influence on the community by rehabilitating tkus 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 structure in accordance with all applicable codes and ordinances. The rehabilitation ar demolition and removal of the shucture must be completed within fifteen (15) days after the date of the Council Hearing. 2. If the above conective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps aze 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. OI-� 2 4 5 6 7 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this tune period. If all personai property is not removed, it shall be considered to be abandoned and the City of Saint Paui shall remove and dispose of such properiy as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date ,\ 2-0 �� Adoption Certified by Council Secretary By: ��—��c� - ��.. Approved by Mayor: Date � � / : � � l�� Requested by Department oE Citizen Service Office; Code Enforcement By:�1W�L�✓V I" � � Form Approved by City Attorney By: Approved by Mayor for Submission to Council By Division of Code Enforcement 06/29/Ol 266-8439 -�. aooi �� TOTAL # OF SIGNATURE PAGES GREEN SHEET V O t —'1�'? N 1�02�� 1 � m.�. � - . 1 _� � ❑..�.,�,�.�. ❑..�.,�.K,o � WYORIGRAifif11111� ❑ . (CLJP ALL LOCA NS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referericed building(s). If the owner fails to comply with the resolution, the Cifizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 1003 Hudson Rd. CiOUf�� RBSc^3f�h e9n}2P J�� �. � aooi PLANNING COMM�SSION CIB CdMM1TTEE CML SERVICE COMMISSION �������a���� YES NO fias Mis pnaonrfiml ever heen e dty dnpbyee7 YES NO Dces fhis P�w�lfirm poeaece a sldll no[ nnmeAYO� M' �Y WrteM atY empbyee? � YES NO Is tFAe peisoNfirm a tery�ed verMOYt YES NO ��('§��fs�i ��'Y�n���1'i4�`ed in Chapter 45 and a vacant building as defined in ChapYer 43 01 the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to tlie Enforcement Officer were given an order to repair or remove the building at 1003 Hudson Rd by June 20, 2001, and have failed to comply with those orders. wvaN in�ts o- nrrK�vtu The City will eliminate a nuisance. � �� G�i � -� <" ���, �� �`�� � ��i� )ISADVANTAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the ��+, collected as a special assessment a�ainst the property tases. NOTAPPROV� ondition will remain unabated in the City. This building(s) will continue to blight the community. AMOUNT OF TRIINSACTION S � - �. ,i - ... .i• :.. -�-� eosrrt�vauE suotserm <afee� oN� / rEa ) wo �crnmNUrs�c 33261 (�wM oc-�t'? •�.� Date: July 24, 2001 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLAT'IVE HEARING Gerry Strathman Legislafive Hearing Officer 1. Laid Over Summary Abatements: J0102CC Demolition of 1317 Arkwright Street. JOl SNOW2 Snow and/or ice removal from 1016 Beech Street 1317 Arkwright Street Legislative I3earing Officer recommends approval of the assessment. 1016 Beech Street Legislative Hearing Officer recommends deleting the assessmenY. 2. Laid Over Sunvnary Abatement: 70104A Properry cleanup at 1075 Portland Avenue. Legislative Hearing Officer recommends laying over to the August 7, 2001, Legislative Hearing. 3. �tesaluYeon ordering the owner to remove or repair the properry at 1183 Arkwright Street. If the owner fails to compiy, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner 90 days to remove or repair the property on condition that the vacant building fee is paid by noon of August 6, 2001. 4. Resolution ordering the owner to remove ar repair the paop�riy at 1003 Hudson Road. If #he ovvner faits to rAmPi}', Code Enfoxcsment is ordered to remove the building. Legislative Hearing Officer recommends approval. ��x► CITIZEN SERVICE OFFICE crrY oF sa�rr paui.. Norm Colaman, Mayor June 29, 2001 Fred Owusu, City Clerk ^� f1 Q�� a { DIVIS[ON OF PROPERTY CODE ENFORCEMENT Michael R. Nforehead, Program Manager Nuisance Bvilding Code Enforcement IS If! Ke!loggBlvd. Rm. 190 Te[: 65I-266-8440 SaintPau1,�55102 Fas:651-266-8426 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council ' Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: . 1003 Hudson Rd The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 24, 2001 City Council Aearing - Wednesday, August Ol, 2001 The owners and responsible parties of record are: Name and Last Knocvn Address Lois Harrin�ton 1025 Hudson Rd. �1 St. Paul, NN 55106 Interest Fee O�vner Don Larson P.O. Box 1657T St. Paul, MN 55116 TCF Bank Minnesota fsb 801 Mazquette Avenue Mpls., MN 55402 The legal description of this property is: Interested Party Mortga�ee Lot 17, Block 71, Scotten's Subdivison of Block 71 Lyman Dayton's Addition to St Paul. ot -'�� 1003 Hudson Rd. June 29, 2001 Page 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then lrnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� 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 a�ainst the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �teve �a��zer Steve Magner VacantBuildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housing Division ccnph a���� MINUTES OF TI� LEGISLATIVE HEARING Tuesday, July 24, 2001 Room 330 Courthouse Gerry Strathman, I.egislative Hearing Officer The meeting was called to order at 10:05 a_m. STAFF PRESENT: 7ohn Betz, Code Enforcement; Roxanna Flink, Real Estate; Steve Magier, Code Enforcement; Mike Morehead, Code Enforcement Laid Over Summary Abatements: J0102CC Demolition of 1317 Arkwright Street. JOISNOR'2 Snow and/or ice removal from 1016 Beech Street 1317 Arkwri t Street (No one appeazed to represent the properry.) Gerry Strathman recomznends approval of the assessment. 1016 Beech Street {A videotape was shown.) Moira Gaidzanwa, owner, appeazed. Her sidewalk has less snow than the adjacent property. It looked like it was plowesi the grevious day aad was snowed over in the morning. 7ohn Betz reported that upon receipt of a complaint, a letter was mailed on 1-19-01 to the properry owner at 451 Lynnhurst Avenue East. An inspecfion was conducted on i-24-01. The inspector noted there was snow and ice built up on the sidewalk. A handwritten notice was sent to the properry owner at the same address. It was reinspected on 1-31-01. It read that the snow and ice remained and the sidewat� was hazardous. Ms. Gaidzanwa stated she did not receive the notice. Mr. Betz responded the first notice was generated from the Citizen Service Office. Several notices were sent out from his office for rental registration, correction notices. None of these have been returned as undeliverable. iVir. Strathman stated that the City send norices Uuough the U.S. mail system, and that is considered deiivered uader the iaw. Ms. Craid�aawa iesponckd she would not choose to ignore this notice when she responds #o all o#her leuers t�e City �usls her. She has someone that takes care vf #he snow It looks h'ice iess ti�an an inch of accumutation. Jofin Betz responded that City ordinance reads that snow is to be removed within 24 hours. Mr. Strathman recommends deleting the assessment. Technically, the City has met its burden of proof. From the videotape, it does not seem a case of serious neglect. The owner assures him that she did not receive notice, and he will take her word for it ttris time. o� � �� LEGISLATIVE HEARING MIIdUTES OF JULY 24, 2001 Laid Over summary Abatement: J0104A Property cIeanup af 1075 PorEIand Avenue. (No one appea�ed to represent the properry.) Page 2 John Betz reported this was Iaid over because the owner was out of town due to a tragedy in the family. She was suppose to call Mr. Betz back, but did not do so. He suggested that this be laid over again. Gerry Strathman laid over to the August 7, 2001, Legislative Hearing. Resointion ordering the owner to remove or repair the property at 1183 Arkwright Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Photographs were presented.) Steve Magner reported this properry has been condemned since 12-10-99 and has been vacant since 5-8-00. There have been four summary abatement notices issued to remove vehicles, cut tall grass, remove refuse. On 5-9-01, an inspection ofthe building was conducted, a list of deficiencies wluch constihrte a nuisance condition was developed, and photographs were taken. As of today, the property remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building fees aze due. Real estate taJ�es aze paid. Estimated market value is $52,9D0, estimated cost to repair, $20,000 to $50,000; cost to demolish, $8,000 to $9,000. The lazge gap for repair is due to Code Enforcement's inability to completely inspect the property. Donald Drouin, owner, appeared and stated he has a signed purchase agreement from the adjacent properry. Withia six months, the house will be moved or demolished. He does not understand the rush. Gerry Strathman asked about #he closing date on the purchase agreement. Mr. Drouin responded no more than i&0 days from Apri125, which may be September 23. He would like an estension of time to cover the period of the purchase agreement. Mr. Strathman asked does the purchase agreement call for the closing to occur by the September date. Mr. Drouin responded yes. Mr. Magner stated there is a gas station called Marathon Oil adjacent to 1183 Arkwright Street. The3' ffie Purchasing tLe groperiy, perhaps #o expand tfie operation there. Mr. Magner concem is the #ime limit. F3e }�as not seen the purchase agreement and would like some finality with the whole issue. Mr. Drouin stated that several meetings ago, he gave whoever was here the name and phone number of the person in the regional real estate office of Marathon Oil. Mr. Magner responded that Mr. Drouin could have brought with him a copy of the agreement. o���� LEGISLATIVE HEARING MINUTES OF NLY 24, 2001 Page 3 Mike Morehead reported there is a long history with this house. It is considered a trash house. Over a year ago, Mr. Morehead found 17 cats in the house, storage in the basement up to the rafters, storage on the main floor shoulder height. The house was littered with cat feces. He talked to someone in the City Attomey's Office to prosecute the owtter for failure to pay the vacant building fee. The case was originally dismissed on assurances that the owner was going to pay the vacant building fee. There is a history here of noncompliance and no follow through. A couple of weeks ago, the porch was packed full of stuff. Mr. Morehead would like the following: 1) Follow through on the vacant building fee, 2) A bond posted, 3) a determination as to whether the house is marketable. The only way to determine that is to get the contents and animals o�. No one is supposedty fiving in there. The property shoutd be emptied to the baze walls so a prospeciive purchaser may determine its worth. The house is so permeated with cat urine tbat no one will want it. 4) The fuel in the house is dangerous. Mr. Drouin stated he objects to the demand for a bond. He is a disabled vet living on a fixed income. He does not have bond funds. There aze no feces in the house. The house is not full of junk. He tried to get the property cleaned up. As of a year ago May, he could not get specific criteria of what was required beyond cleaning up the t�ash in the house. Mr. Morehead saw the dumpster at the property, said Mr. Drouin, so lus office knows the work is being done. They cannot say he is being noncompliant when he is working on this. Mr, Strathman asked is Mr. Drouin unable or unwilling to post a bond. Mr. Drouin responded he is unable to post a bond. The money went to rent a dumpster. Since the prospective buyer is Mazathon oil, stated Mr. Strafl�man, it seems they have no intention of occupying this house. He asked what difference it makes if the house is demolished by the City. Mr. Drouin responded he does not want to pay for the demolition. That is a cost that the buyer is to incur as ger #he purchase agreement. Mr. Strathman stated he would lik$ to see the purchase agreement to understand its terms. Mr. Magner stated if the owner is going to go ahead with the purchase agreement, by the time the house is demolished and the assessment ratified, it would be in the hands of Mazathon Oil, who would receive the bill. Mr. Morehead stated he would like to see Mr. Drouin get the full value of lris properry. At the sanne time, Mr. Morehead would like to protect neighboring property and to have Mr. Drouin foIlow the 3aw. If the City demolishes the building, all tbat would be left is a vacant lot. Mr. Morehead is Iooking for a solution so that neighbors aren't in any danger, and the house is in compliance. He wouid like the purchase agreement accelerated. Mr- Magner stated landfills do not accept municipal waste mixed in with the conshuction landfill. The properry will have to be cleaned out before the demolition. Mr. Strathman stated he will recommend approval of the order on condition that the vacant building fee is paid by August 1. The order will be amended from 15 days to 90 days, which allows for the transfer of ownership and for the new buyer to demolish the property before the LEGISLATIVE HEARING MINUTES OF JtJLY 24, 2001 o���s� y5. Page 4 City. His decision does not address any immediate hazards there may be to the surrounding neighbors. It is a tolerable risk. This gives Mr. Drouin opportunity to recover the full value of his property. Mr. Morehead suggested an amendment to Mr. Stathman's decision: bring the interior to the bare we1Ls in a certain amotmt of time and ao aaimals in the property. Mr. Strathman responded he is willing to do the pazt about an�als because this is a vacant building and should not have any animals in it He is reluctant to put the burden on the owner to empty this property because Mr. Strathman is not sure Mr. Drouin has the finances and the wherewithal to do it. Mr. Drouin responded he cannot hire a mover until he closes on the property and gets a check. Once the carpet is removed, there is little damage to the floors. Also, he would like the due date to be August 3. Social security does not disperse until then. As for the animals, he needs time to place them. He was told he could not live in the house, but no one said anything about the animals. He was told he could take caze of them. There aze about 13. Mr. Morehead stated there aze too many cats in the building. The ordinance is very cleaz. If the cats aze not gone by August 1, they wiil go to Animal Control. Gerry Strathman recommends granting the owner 90 days to remove or repair the properiy on condition that the vacant building fee is paid by noon of August 6, 2001. If the vacant building fee is not paid by then, the resolution to remove or repair will revert to 15 days. Resolatioa ordering the owner to remove or repair the property at 1003 Hudson Road. If the owner fails to comply, Code Enforcement is ordered to remove the building. (No one appeazed to represent the property. Photographs were presented.) Steve Magner stated this building has been vacant since 11-18-97. Current owner is Lois Hazrington. Five summary abatemenY notices have been issued to remove refuse, secure garage door, and cut tail grass. On 5-10-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on 5-21-01 with a compliance date of 6-20-01. As of this date, this properry remains in a condition which comprises a nuisance as defined by the legislarive code. Vacant building fees aze due. Real tases aze unpaid in the amount of $1,557.15. Estimated market valne is $64,900; estimated cost to repair, $45,000; estimated cost to demolish, $8,flU0 to $9,040. A code complianc� has not been applied for. Mr. Magner stafed he received a phone c�ii from a Don Larson, who claims to be Lois Harrington's son. 3vir. Larson at ane #ime filled out the vacant building registration form indicating he would be the one responsible for rehabilitating the properiy. He now denies he filled out the document, but asked for a layover. Mr. Magner referred him to Mr. Strathman. Mr. Strathxnan stated that Mr. Larson called Mr. Strathman's secretary this morning, indicated he couid not find his mother, and asked for addirional time. � � � �� LEGISLATIVE HEARING MIN UTES OF JULY 24, 2001 Page 5 Mr. S�athman asked about the market value. Mr. Magner responded that amount is too high based on the condition of the property. He does not believe there is much value listed to the property. Sometimes, the assessor is not looking that close. That amount also includes land. �.t„�,..,, _ �„��-�. ..�� . The meeting was adjourned at 10:50 am. F�ii1 Council File # O ( �' � � Green Sheet # 1oa3K [ RESOLUTION Presented By Referred To OF SAINT PAUL, MINNESOTA �S Committee: Date 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, wood frame, single family dwelling and the detached, two-stall, wood frame garage 4 and shed located on property hereinafter referred to as the "Subject Property" and commonly lrnown as 5 1003 Hudson Rd. This property is legally described as follows, to wit: Lot 17, Block 71, Scotten's Subdivision of Block 71 Lyman Dayton's Addition to St Paul. 9 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 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before March 22, 2001, the following are the now laiown interested or responsible parties for the Subject Property: Lois Harrington, 1025 Hudson Rd. #1, St. Paul, MN 55106; Don Larson, P.O. Box 16572, St. Paul, MN 55116; TCF Bank Minnesota fsb, 801 Marquette Avenue, Mpls., MN 55402 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 21, 2001; and WHEREAS, 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 WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the shucture located on the Subject Property by June 20, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, tl�is nuisance condition 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 and purpose of the public hearings; and WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 24, 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 Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and a�.��? � 9 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 WAEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August Oi, 2001 and the testimony and evidence including the 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 Properiy at 1003 Hudson Rd: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then lrnown responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condirion have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely momtored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notificarion requirements of Chapter 45 have been fulfilled. ORDER 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 welfare and remove its blighting influence on the community by rehabilitating tkus 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 structure in accordance with all applicable codes and ordinances. The rehabilitation ar demolition and removal of the shucture must be completed within fifteen (15) days after the date of the Council Hearing. 2. If the above conective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps aze 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. OI-� 2 4 5 6 7 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this tune period. If all personai property is not removed, it shall be considered to be abandoned and the City of Saint Paui shall remove and dispose of such properiy as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date ,\ 2-0 �� Adoption Certified by Council Secretary By: ��—��c� - ��.. Approved by Mayor: Date � � / : � � l�� Requested by Department oE Citizen Service Office; Code Enforcement By:�1W�L�✓V I" � � Form Approved by City Attorney By: Approved by Mayor for Submission to Council By Division of Code Enforcement 06/29/Ol 266-8439 -�. aooi �� TOTAL # OF SIGNATURE PAGES GREEN SHEET V O t —'1�'? N 1�02�� 1 � m.�. � - . 1 _� � ❑..�.,�,�.�. ❑..�.,�.K,o � WYORIGRAifif11111� ❑ . (CLJP ALL LOCA NS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referericed building(s). If the owner fails to comply with the resolution, the Cifizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 1003 Hudson Rd. CiOUf�� RBSc^3f�h e9n}2P J�� �. � aooi PLANNING COMM�SSION CIB CdMM1TTEE CML SERVICE COMMISSION �������a���� YES NO fias Mis pnaonrfiml ever heen e dty dnpbyee7 YES NO Dces fhis P�w�lfirm poeaece a sldll no[ nnmeAYO� M' �Y WrteM atY empbyee? � YES NO Is tFAe peisoNfirm a tery�ed verMOYt YES NO ��('§��fs�i ��'Y�n���1'i4�`ed in Chapter 45 and a vacant building as defined in ChapYer 43 01 the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to tlie Enforcement Officer were given an order to repair or remove the building at 1003 Hudson Rd by June 20, 2001, and have failed to comply with those orders. wvaN in�ts o- nrrK�vtu The City will eliminate a nuisance. � �� G�i � -� <" ���, �� �`�� � ��i� )ISADVANTAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the ��+, collected as a special assessment a�ainst the property tases. NOTAPPROV� ondition will remain unabated in the City. This building(s) will continue to blight the community. AMOUNT OF TRIINSACTION S � - �. ,i - ... .i• :.. -�-� eosrrt�vauE suotserm <afee� oN� / rEa ) wo �crnmNUrs�c 33261 (�wM oc-�t'? •�.� Date: July 24, 2001 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLAT'IVE HEARING Gerry Strathman Legislafive Hearing Officer 1. Laid Over Summary Abatements: J0102CC Demolition of 1317 Arkwright Street. JOl SNOW2 Snow and/or ice removal from 1016 Beech Street 1317 Arkwright Street Legislative I3earing Officer recommends approval of the assessment. 1016 Beech Street Legislative Hearing Officer recommends deleting the assessmenY. 2. Laid Over Sunvnary Abatement: 70104A Properry cleanup at 1075 Portland Avenue. Legislative Hearing Officer recommends laying over to the August 7, 2001, Legislative Hearing. 3. �tesaluYeon ordering the owner to remove or repair the properry at 1183 Arkwright Street. If the owner fails to compiy, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner 90 days to remove or repair the property on condition that the vacant building fee is paid by noon of August 6, 2001. 4. Resolution ordering the owner to remove ar repair the paop�riy at 1003 Hudson Road. If #he ovvner faits to rAmPi}', Code Enfoxcsment is ordered to remove the building. Legislative Hearing Officer recommends approval. ��x► CITIZEN SERVICE OFFICE crrY oF sa�rr paui.. Norm Colaman, Mayor June 29, 2001 Fred Owusu, City Clerk ^� f1 Q�� a { DIVIS[ON OF PROPERTY CODE ENFORCEMENT Michael R. Nforehead, Program Manager Nuisance Bvilding Code Enforcement IS If! Ke!loggBlvd. Rm. 190 Te[: 65I-266-8440 SaintPau1,�55102 Fas:651-266-8426 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council ' Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: . 1003 Hudson Rd The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 24, 2001 City Council Aearing - Wednesday, August Ol, 2001 The owners and responsible parties of record are: Name and Last Knocvn Address Lois Harrin�ton 1025 Hudson Rd. �1 St. Paul, NN 55106 Interest Fee O�vner Don Larson P.O. Box 1657T St. Paul, MN 55116 TCF Bank Minnesota fsb 801 Mazquette Avenue Mpls., MN 55402 The legal description of this property is: Interested Party Mortga�ee Lot 17, Block 71, Scotten's Subdivison of Block 71 Lyman Dayton's Addition to St Paul. ot -'�� 1003 Hudson Rd. June 29, 2001 Page 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then lrnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� 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 a�ainst the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �teve �a��zer Steve Magner VacantBuildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housing Division ccnph a���� MINUTES OF TI� LEGISLATIVE HEARING Tuesday, July 24, 2001 Room 330 Courthouse Gerry Strathman, I.egislative Hearing Officer The meeting was called to order at 10:05 a_m. STAFF PRESENT: 7ohn Betz, Code Enforcement; Roxanna Flink, Real Estate; Steve Magier, Code Enforcement; Mike Morehead, Code Enforcement Laid Over Summary Abatements: J0102CC Demolition of 1317 Arkwright Street. JOISNOR'2 Snow and/or ice removal from 1016 Beech Street 1317 Arkwri t Street (No one appeazed to represent the properry.) Gerry Strathman recomznends approval of the assessment. 1016 Beech Street {A videotape was shown.) Moira Gaidzanwa, owner, appeazed. Her sidewalk has less snow than the adjacent property. It looked like it was plowesi the grevious day aad was snowed over in the morning. 7ohn Betz reported that upon receipt of a complaint, a letter was mailed on 1-19-01 to the properry owner at 451 Lynnhurst Avenue East. An inspecfion was conducted on i-24-01. The inspector noted there was snow and ice built up on the sidewalk. A handwritten notice was sent to the properry owner at the same address. It was reinspected on 1-31-01. It read that the snow and ice remained and the sidewat� was hazardous. Ms. Gaidzanwa stated she did not receive the notice. Mr. Betz responded the first notice was generated from the Citizen Service Office. Several notices were sent out from his office for rental registration, correction notices. None of these have been returned as undeliverable. iVir. Strathman stated that the City send norices Uuough the U.S. mail system, and that is considered deiivered uader the iaw. Ms. Craid�aawa iesponckd she would not choose to ignore this notice when she responds #o all o#her leuers t�e City �usls her. She has someone that takes care vf #he snow It looks h'ice iess ti�an an inch of accumutation. Jofin Betz responded that City ordinance reads that snow is to be removed within 24 hours. Mr. Strathman recommends deleting the assessment. Technically, the City has met its burden of proof. From the videotape, it does not seem a case of serious neglect. The owner assures him that she did not receive notice, and he will take her word for it ttris time. o� � �� LEGISLATIVE HEARING MIIdUTES OF JULY 24, 2001 Laid Over summary Abatement: J0104A Property cIeanup af 1075 PorEIand Avenue. (No one appea�ed to represent the properry.) Page 2 John Betz reported this was Iaid over because the owner was out of town due to a tragedy in the family. She was suppose to call Mr. Betz back, but did not do so. He suggested that this be laid over again. Gerry Strathman laid over to the August 7, 2001, Legislative Hearing. Resointion ordering the owner to remove or repair the property at 1183 Arkwright Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Photographs were presented.) Steve Magner reported this properry has been condemned since 12-10-99 and has been vacant since 5-8-00. There have been four summary abatement notices issued to remove vehicles, cut tall grass, remove refuse. On 5-9-01, an inspection ofthe building was conducted, a list of deficiencies wluch constihrte a nuisance condition was developed, and photographs were taken. As of today, the property remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building fees aze due. Real estate taJ�es aze paid. Estimated market value is $52,9D0, estimated cost to repair, $20,000 to $50,000; cost to demolish, $8,000 to $9,000. The lazge gap for repair is due to Code Enforcement's inability to completely inspect the property. Donald Drouin, owner, appeared and stated he has a signed purchase agreement from the adjacent properry. Withia six months, the house will be moved or demolished. He does not understand the rush. Gerry Strathman asked about #he closing date on the purchase agreement. Mr. Drouin responded no more than i&0 days from Apri125, which may be September 23. He would like an estension of time to cover the period of the purchase agreement. Mr. Strathman asked does the purchase agreement call for the closing to occur by the September date. Mr. Drouin responded yes. Mr. Magner stated there is a gas station called Marathon Oil adjacent to 1183 Arkwright Street. The3' ffie Purchasing tLe groperiy, perhaps #o expand tfie operation there. Mr. Magner concem is the #ime limit. F3e }�as not seen the purchase agreement and would like some finality with the whole issue. Mr. Drouin stated that several meetings ago, he gave whoever was here the name and phone number of the person in the regional real estate office of Marathon Oil. Mr. Magner responded that Mr. Drouin could have brought with him a copy of the agreement. o���� LEGISLATIVE HEARING MINUTES OF NLY 24, 2001 Page 3 Mike Morehead reported there is a long history with this house. It is considered a trash house. Over a year ago, Mr. Morehead found 17 cats in the house, storage in the basement up to the rafters, storage on the main floor shoulder height. The house was littered with cat feces. He talked to someone in the City Attomey's Office to prosecute the owtter for failure to pay the vacant building fee. The case was originally dismissed on assurances that the owner was going to pay the vacant building fee. There is a history here of noncompliance and no follow through. A couple of weeks ago, the porch was packed full of stuff. Mr. Morehead would like the following: 1) Follow through on the vacant building fee, 2) A bond posted, 3) a determination as to whether the house is marketable. The only way to determine that is to get the contents and animals o�. No one is supposedty fiving in there. The property shoutd be emptied to the baze walls so a prospeciive purchaser may determine its worth. The house is so permeated with cat urine tbat no one will want it. 4) The fuel in the house is dangerous. Mr. Drouin stated he objects to the demand for a bond. He is a disabled vet living on a fixed income. He does not have bond funds. There aze no feces in the house. The house is not full of junk. He tried to get the property cleaned up. As of a year ago May, he could not get specific criteria of what was required beyond cleaning up the t�ash in the house. Mr. Morehead saw the dumpster at the property, said Mr. Drouin, so lus office knows the work is being done. They cannot say he is being noncompliant when he is working on this. Mr, Strathman asked is Mr. Drouin unable or unwilling to post a bond. Mr. Drouin responded he is unable to post a bond. The money went to rent a dumpster. Since the prospective buyer is Mazathon oil, stated Mr. Strafl�man, it seems they have no intention of occupying this house. He asked what difference it makes if the house is demolished by the City. Mr. Drouin responded he does not want to pay for the demolition. That is a cost that the buyer is to incur as ger #he purchase agreement. Mr. Strathman stated he would lik$ to see the purchase agreement to understand its terms. Mr. Magner stated if the owner is going to go ahead with the purchase agreement, by the time the house is demolished and the assessment ratified, it would be in the hands of Mazathon Oil, who would receive the bill. Mr. Morehead stated he would like to see Mr. Drouin get the full value of lris properry. At the sanne time, Mr. Morehead would like to protect neighboring property and to have Mr. Drouin foIlow the 3aw. If the City demolishes the building, all tbat would be left is a vacant lot. Mr. Morehead is Iooking for a solution so that neighbors aren't in any danger, and the house is in compliance. He wouid like the purchase agreement accelerated. Mr- Magner stated landfills do not accept municipal waste mixed in with the conshuction landfill. The properry will have to be cleaned out before the demolition. Mr. Strathman stated he will recommend approval of the order on condition that the vacant building fee is paid by August 1. The order will be amended from 15 days to 90 days, which allows for the transfer of ownership and for the new buyer to demolish the property before the LEGISLATIVE HEARING MINUTES OF JtJLY 24, 2001 o���s� y5. Page 4 City. His decision does not address any immediate hazards there may be to the surrounding neighbors. It is a tolerable risk. This gives Mr. Drouin opportunity to recover the full value of his property. Mr. Morehead suggested an amendment to Mr. Stathman's decision: bring the interior to the bare we1Ls in a certain amotmt of time and ao aaimals in the property. Mr. Strathman responded he is willing to do the pazt about an�als because this is a vacant building and should not have any animals in it He is reluctant to put the burden on the owner to empty this property because Mr. Strathman is not sure Mr. Drouin has the finances and the wherewithal to do it. Mr. Drouin responded he cannot hire a mover until he closes on the property and gets a check. Once the carpet is removed, there is little damage to the floors. Also, he would like the due date to be August 3. Social security does not disperse until then. As for the animals, he needs time to place them. He was told he could not live in the house, but no one said anything about the animals. He was told he could take caze of them. There aze about 13. Mr. Morehead stated there aze too many cats in the building. The ordinance is very cleaz. If the cats aze not gone by August 1, they wiil go to Animal Control. Gerry Strathman recommends granting the owner 90 days to remove or repair the properiy on condition that the vacant building fee is paid by noon of August 6, 2001. If the vacant building fee is not paid by then, the resolution to remove or repair will revert to 15 days. Resolatioa ordering the owner to remove or repair the property at 1003 Hudson Road. If the owner fails to comply, Code Enforcement is ordered to remove the building. (No one appeazed to represent the property. Photographs were presented.) Steve Magner stated this building has been vacant since 11-18-97. Current owner is Lois Hazrington. Five summary abatemenY notices have been issued to remove refuse, secure garage door, and cut tail grass. On 5-10-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on 5-21-01 with a compliance date of 6-20-01. As of this date, this properry remains in a condition which comprises a nuisance as defined by the legislarive code. Vacant building fees aze due. Real tases aze unpaid in the amount of $1,557.15. Estimated market valne is $64,900; estimated cost to repair, $45,000; estimated cost to demolish, $8,flU0 to $9,040. A code complianc� has not been applied for. Mr. Magner stafed he received a phone c�ii from a Don Larson, who claims to be Lois Harrington's son. 3vir. Larson at ane #ime filled out the vacant building registration form indicating he would be the one responsible for rehabilitating the properiy. He now denies he filled out the document, but asked for a layover. Mr. Magner referred him to Mr. Strathman. Mr. Strathxnan stated that Mr. Larson called Mr. Strathman's secretary this morning, indicated he couid not find his mother, and asked for addirional time. � � � �� LEGISLATIVE HEARING MIN UTES OF JULY 24, 2001 Page 5 Mr. S�athman asked about the market value. Mr. Magner responded that amount is too high based on the condition of the property. He does not believe there is much value listed to the property. Sometimes, the assessor is not looking that close. That amount also includes land. �.t„�,..,, _ �„��-�. ..�� . The meeting was adjourned at 10:50 am. F�ii1