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01-825a��►��. Council File # O t — $r1�S Green Sheet # 106168 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by_ Referred To Committee Date `d� BE TT RESOLVED, that the Councii of the City of Saint Paul hereby certifies and approves the August 7, 2001, decision of the Legislative Hearing O£ficer on Property Code Enforcement Appeals for the following addresses: 4 Property Appealed Ap eln lant 351 Bates Avenue Curtis Woetzel Decision: Appeal granted on the nonconfonning doors on the following conditions: 1) If the nonconfonning doors ever need to be replaced, they will be replaced with confornvng fire rated door assemblies; 2) The building will otherwise be maintained in compliance with all applicable codes and ordinances. 9 574 Suminit Avenue 10 Decision: Appeal denied. Rocky & Maureen Ellingson 11 1346 Arcade Street Tom Lindbeck for Arcade Auto Body 12 Decision: Appeal denied on Certificate of Occupancy Deficiency/Correcfion List dated 7-11-01. 13 1074 Arkwrieht Street #3 14 Daniel S. Le, SMRI,S, representing Tracy Garcia. 15 Decision: Appeal denied on Certificate of Occupancy DeficiencyiCorrection List dated 7-ll-01. 16 17 234 N. Mississippi River Boulevazd Bebe Jacque. 18 Decision: Appeal granted on the nonconforming doars on the following conditions: 1) If the nonconforming 19 doors ever need to be replaced, they will be replaced with confornung fire rated door assemblies; 2) The 20 building will otherwise be maintained in compliance with all applicable codes and ardinances. Cneen Sheet 106168 1 2 3 4 5 6 7 Yeas Nays Absent Blakey � Coleman ,/ Hazris ,/ Benanav � Reiter � Bostrom � Lantry � C> O 8 9 10 Adopted by Council: Date: � 11 � 12 Adopf Certified by Co cil Secretary 13 By: � y _ �,- , � !� _ � - _--- 14 Approved by Mayor: Date /�[,�} '�/ �/ 15 By: �-,r — --T— o � _ras Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � 2 A� _P�S DFPARTMENTfOFFICEK:WNCIL owrEINRU7ED , City Council Offices 8-7-2001 GREEN SHEET NO � afj1 68 corrracr rozsota a ata� axirmr. mrewuau Gerry Strathman,-266-8560 ooK�rowenoR rnrcawc�. MUS7 BE ON WUNqL AGENDA BY (DAT� A!l16M NUYB9IFOR ❑q1YATT0111lY d1YCti11K Rq1TMIG � ❑ANIICII1LfIXYKit0�1. wIU119�LaFRwAL•Ci6 ❑wrw�loRwfasrwrt� ❑ _ TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) CTION RC-0UE5T� � Approving the 8-7-01 decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 351 Bates Avenue, 574 Summit Avenue, 1346 Arcade Street, 1074 Arkwright Street �13, and 234 N. Mississippi River Boulevard. RECOMMENDATIO Approve(A)wReject(R) VERSONALSERVICECON7RACISMUSTpNSWFRTHEFOLLOWIN6QUESTIONSs 7. Has Mk pe`s�rm e+er worl�d urMer a cantra�t tor thie departmeM? PWNNINGCOMMISSION YES NO CIBCOMMITTEE 2. F�athieptvaoMrmeverheenacityempbyeel CIVIL SERVICE COMMISSION , YES NO 3. DOeb fhi6 Dersanlfifm P�Beas a sldll rot rarmalyP�ed bY anY wrtert citY emG�oyee7 VES NO 4. Is Mia persoMcm a targeted vendoYl YES NO 6Wlain eli Yec anav.eis on eeparate afieM arM aGach to 9reen sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (Wla, Whet, When, Where. WFryI ADVANTAGES IF APPROVED {� �: y i� , d� �Ltv�'.�drGE �.: N�f �+�� /tAd16� DISADVAMAGES IF APPROVED DISADVAMAGES IF NOT APPF20VED - 70TAL AMOUNT OF TRANSACTION S CO3T1REVdUE BUDOETm (GRCLE ONE) VES NO FUNDING SOURCE ACTMTYNWiBER FlNANpqL INFORMATON (IXPINN) - C��- gZS NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, August 7, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: John Powers, Code Enforcement; Paula Seeley, Code Enforcement 351 Bates Avenue (No one appeared to represent the properly.) Gerry Strathman granted the appeal on the nonconfornung doors on the following conditions: 1) If the nonconforming doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies; 2) The building will otherwise be maintained in compliance with a11 applicable codes'and ordinances. 574 Summit Avenue (Photographs were presented by Paula Seeley.) Rocky & Maureen Ellingson, owners, appeared. (Mr. Ellingson showed Mr. Strathxnan two letters.) Mr. Eliingson stated he was issued a ticket to get rid of the garage. He called Meghan Riley (City Attomey's Office) to ask her what the citation was for. The gazage had not changed since the last time he appeared before the Legislafive Hearing Officer. Paula Seeley had taken a tour and informed them they were in violation of another code surrounding the bottom of the door that was broken off and the window. The only functioning door has a lock on it. He spoke with Amy Spong (License, Inspection, Environmental Protection [LIEP]) last week who said she had not yet done enough homework to issue or deny the demolition permit. (Mr. Ellingson showed Mr. Stratlunan a photograph of the door.) Mr. Ellingson went on to say that when he was at the Legislative Hearing in January, Mr. Strathman gaue him six months. Since then, there was a court ruling that changed the situation. He made Paula Seeley awaze of this change. He is asking for an e�ension to get through this process so he can finally resolve the gazage issue. One person in the neighborhood feels the gazage can be sa�ed. It still requires everything to be lifted and for there to be foundation work. He feels that the legislative hearing process was circuxnvented. Ms. Riley was surprised that he had already been in front of the Legislarive Hearing Officer. She had no knowledge of the other issues. The ticket is for failure to repair or raze. Mr. Ellingson was never told the bottom of the door was not in compliance. He does not lrnow when the window was out, but it has been boazded. He talked to Ms. Riley, and did everything she said. The door has been painted brown. (Mrs. Ellingson showed Mr. Strathxnan photographs of other garages.) d\- �Z� PROPERTY CODE ENFORCEMENT NOT'ES FOR AUGUST 7, 2001 Page 2 Mrs. Ellingson stated the photographs of the gazage took her approximately ten minutes to take. Some of the gazages have roof damage in the back. Mr. Ellingson stated he would like an extension so that Code Enforcement will leave hixn alone. He would like them to talk to him if there is a problem instead of issuing tickets and orders. He would ha�e taken care of the problem if someone bad talked to him. The house structure is more important than a nuisance visual site of a garage. He cannot afford to do more damage to the house. Mr. Strathxnan asked the proposed solution to the gazage. Mr. Ellingson responded his understanding is the demolition permit is only good for a limited amount of time. If the HPC agrees to the permit, he will pull it. If the garage can be saved, they prefer to save it. There aze 90 days before the court decision will be in. None of those issues can be resolved until then. Mrs. Ellingson stated part of hesitation to having it torn down is the verbal threat from the neighbor across the fence who would like the following done: the driveway taken up, no cars coming alongside where the driveway always has been, no garage behind their house, park on the street, and dig a hole into the hill on Oakland to build a garage there. The Ellingsons are willing to pay twice as much to have the driveway fixed so they have a gazage instead of having it taken down and not hauing a garage. Mr. Strathxnan stated he has photographs with today's date that show the gazage door open. (The Ellingsons looked at the photographs.) Mr. Ellingson stated the doors open side to side. The door has been like that forever. Paula Seeley stated she took the appropriate measure for the citation. The garage falls under attractive nuisance. After the first legislative hearing, the owners had 180 days to pull the demolition permit, haue the garage razed, or have the properry repaired. It has been six months, and she has not heazd anything from the owner. She issued a citation, which is procedure. She talked to her boss, called the City Attorney, and was told to go forwazd with her actions. This is the worse garage she has seen. 5he is not harassing anyone. A complaint came in on July 3 about the garage. Mrs. Ellingson responded the complaint came after the neighbors moved in. Ms. Seeley stated someone could get hurt in the property. There was a window gone when she was at the property. It is a blighting effect, a hazazd, and a rodent harborage. The engineer Brian Dolby (phonefic) said far the owners to keep the garage secure, and it is not secure. (Mr. Ellingson showed another photograph.) Mrs. Ellingson stated tYris is a photograph of 534 Sununit Avenue. Tar paper and stucco aze falling off. Mr. Ellingson stated the acting building official put Brian Dolby in charge of the property. Ms. Seeley is talking about risking more foundation damage to her house. If the City is willing to haue an agreement drafted from his attomey that the City will accept the eapense for fiirther damage to his property, then something can be done. �� -�Z� PROPERTY CODE ENFORCEMENT NOTES FOR AUGUST 7, 2001 Page 3 Mr. Strathman stated his role here is to review the actions taken by the Adminisiration to see if Ms. Seeley has acted in accardance with the law and in reasonable fashion. She has sufficient reason to write the citation that she wxote. 5he has good reason to believe it is an attractive nuisance. The citation reads to repair or remove the garage. Mrs. Ellingson stated this garage is the first one built on record to hold an automobile. How does she get it demolished without a pernvt, she asked. She cannot get in front of the appeals people because Judge Finley has granted a delay for the insurance companies. Mr. Strathman responded the demolition permit is not before hixn today. Mr. Ellingson stated unless the neighbor allows them to take down his fence, drive up his driveway and take the garage out that way, there is nothing he can do. Mr. Strathman responded he is aware that this situation is a mess. Mr. Strathman asked what is the neact step in this citation. Ms. Seeley responded the owner can explain the circumstances to the city attorney, and the judge will give them a tisne frame. They will get a court fee and additional time. But the owners do not get prosecuted on the record. Gerry Strathman denied the appeal. He cannot fmd fault with Ms. Seeley's acfion; therefore, he cannot overrule her action. (All photographs were returned.) 1346 Arcade Street (No one appeared to represent the properry.) John Powers appeared. Gerry Strathman denied the appeal on the Certificate of Occupancy Deficiency/Correction List dated 7-11-01. 1074 Arkwright Street #3 (No one appeazed to represent the property.) Gerry Strathman denied the appeal on the Certificate of Occupancy Deficiency/Correction List dated 7-11-01. 234 N. Mississippi River Boulevard (Gerry Strathman mailed a leiter to the appellants with the following decision: Appeal granted on the nonconforming doors on the following conditions: 1) If the nonconforming doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies; 2) The building will otherwise be maintained in compliance with a11 applicable codes and ordinances.) The meeting was adjourned at 1:55 p.m. i--+.it JY;L-24-2091 09�31 City of Saint Paul 651 266 8574 P.02/11 MTI�IUTE5 OF THB LEGISLA'ZTVE HE�tIlVC, Tuesday, December 19, 2000 Room 330 Courthouse Geay S�athman, Legislative Heazing Of�f cer T'he meetuag was cailed to order at 10:00 a.m. Q(-$a-5 STAFF pItESENT; Steve Magner, Code Fuforcemen� paula Seeley, F'ue/Code Enforcement Resointion ordering the awner fo removc or regair the building at 50$ Sherburae Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the buildiag. (Steve Magner gave photographs to Geay StratUman.) Steve Magner reported this burlding is a two sEorY, wood fraa�e, singie family dwelling. The huilding was Condemnect in July, ] 998, bq Code Enforcement and it has been vacant sinca August 7, 1998. The current owner is Thein Van Tran. Ten summary abatements were issued to; secure the dwelling, cut the grass, and remove snow and ice from the publie sideundlk. An inspeetion was conducted on October 5, 1999, and a lisE of deftciencies which constitute a nuisance condition was developed and photographs were taken. An Order to Abate Nuisance BuiIding was zssued on October,l6, 1999 with a compliance date of November 29,1999. The property remains in a condition that comprises a nuisance as defined by the LegisIative Code. The City has boaxded this building to secure it against trespass. Vacant building fees are due. Reai estaxe t�es ate paid. The estimated market value of the property is $25,p00. �n Oetober 20, 2000 a code complianee inspection was compieted. A$2,000 bond was forfeited an October 28, 1999, as of beceznber 19, 2000 a new bond has ncrt been posted. The estimated eost to repair is $35,000; estimated cost to demolish, $7,OOb to $9,000. In response to Gerry Shathman's question about the date the photogcaphs were takeu; Mr, Magner responded the photographs were taken in I999. The building remains in the same cqndition. The owner has done some wnrk on the inside. There is suspicion thst this dwelling is being illegally occupied. A public hearing notiee was sent, and at that tune the owner was informed not to reside in the building, Gerry Strathman asked if there � any info�h on the extent of complelion on necessary repajrs, M*• Magaer responded it xrouid be up to the owner to inform Code Enforcement or to have an inSPector inspect the dwelling. There has been some repairs to the property, hawever, without the code inspector and permit inspector wallcing through, it is difficult to know the extent of completion. This dweIling has not been recently inspected by the building deparnnent. In respanse to Mr. Strathman's quesrion ahaut the length of time needed to eomplete repairs, Thein Van Tran, owrxer, appeared and responded the repairs cqnZd be wmpleted by the end of June. Because of a dif�"icult work schedule and limited finances, he is not able to hue a professional conu�actor and will do the work himself. ..� _ JUL-24-2001 09�31 City of Saint Paul 651 266 8574 P.03i11 OI�S�J MIN[JTES OF TF� LEGTSLATIVE FiEARING 12-19-2000 Prxge 2 Mr. 3uathmau stated he would feel more connfortable giving additional time to camplete the repairs to ihe dwelling, if current information on ttie status of tkte building was available. Gerry Strathman recommended laying over to the January 16, 200i Legislative Hearing and the Februaiy 7, 2Q01 City CounciI meeting with the condition t�at an interior inspection of the builciiug, canducted by City personnel, is Campleted by 7anuary 16, 2Q01. Itesolution ordering the owaer to remwe or repair the buitdiug at 7S3 �'uller Avenne. If the owncr fails to eomply, Code Enfarccment is ordered tn remove the bnildiug. (Steve Magner gave ghotographs to Gerry Sirathman) No one appeared W represent this property. Geny Strathman recommended approval. Summary Abatement order at 574 Summit Avenue Rocky Ellingson, owner, appeared and stated the property was piuchased in January,1999. A new garage was going to be erected, and the solarium repaired. The adjacent lot was sold snd consri�uction staited on .Tuly 29,1999. The carport was damaged during the cons�uction. When damage oecurtetl Yo the carport, it caused damage to the interior o f the lwuse and eompmmised the foundation. Trial was finished in November in iront of 7ud�e Finley. A tempoxary resh�+ining order was issued last fali, to the contractor, to stop all construction. The house has over one miIlion doilars in damage, which exceeds the value of the house. The garage is ihe first registered automobile garage in Saint Paul, vintage 1910. The Summit FIill A ssociation informed Mr. and Mrs. Ellingson that the garage could not come dawn, it would have to be rcpaired and returned to its original 1910 vinta�e state. After the damage to the carport, the garage sustained additional damage as a resuit of conskuorion. The garage has a sewer and water line running to it, an oil pit in St, and a complete foundation. The xecommmdation was when the gaza�e is taken down, the foundation would have be removed, and the sewer and water lines wauld have to be capped. The properiy cannot accommodate any heavy machinery or equipment until the basement is stabiLized. Stabilization will cost three to four hundred thousand dollars. Ramsey Couniy devalued the property from approximately five hundred thousand dollars to twa hundred and.seventy thousand dollars. In response to Crerry Strathman's ques�on about the resuit of the irial, Mr. Ellingson responded they won. The after trial motions are to be heazd on January 4, Zd00. They have retained an agpellant attomey for appeals court. Mauxeen Blfingson, owner, appeared and stated heavy mac]unery cannot come up azound tke house, and there is no way to takc down the garage withoert having heavy machinexy up next to ihe house. T'he house is still sustaining damage due to cold weather conditions. The foundation cannot be �ixed until the law suit is settled, and it will be three to s'vz months before axty money is received. ,,Jj1L-24-2091 09�32 City of Saint Paul 651 266 8574 P.04i11 �l``�a-�J MINLTI'ES OF Ti3E LEGISLATIVE HEARING 12-19-2000 Page 3 Mr• Ellingson stated the city has not received any prior complaints abaut the property. There now has been aumerous compiaints against the property, which has coincided with 2ega1 hearings about the contractorissues ofthe house, Ms. RT1�son stared the Ievel of the lot is off of Oakland, and there is no way to ]ift a piece of machinery on the pmperty. When soil boring was doae around the house, it caused damage with the s�nall machine that was brought in. It is important ta try to resolve this issue with the courts, and try to get done before Spring, because the thaw will cause more damage to the foundation_ Paula Seeley appeared and stated a complaint was received in July. The garage is dilapidated. The concetn is a heavy snow load and the ioof of the gazage collapsing. The garage is adjo"vung another property and if someone was there they could get hurt. AIso, it is an attcactive nuisance. Mr. Ellingson stated the back roof of the garage is open to air sa excessive snow does not accumulate, and the roof is pitched severely. T'he gardge is not being used to store cars, but there aze architectural items, a snow blower, and bikes in the garage. In respanse to Mr. Strathman's question about the secvrity of the garage, Mr. Ellingsan responded the garage has bazn doors, one door does not open, and the other has a latch on it with a padlock. In response to Mr. Strathman's quesrion if the only danger is the roof colIapcino, Ms. Seeley responded there is siding camung off a(so. She would like a demolition pemut obtained. The permit will last 180 days. Mr. Strathinan asked if the garage is a historic stnichue? Ms. Seeley contacted Amy Spawn, head of Heritage Preservation Commission, and was told the shucture could come down. Mr. Strathman stated his concern is if someone were to be injured 'zn the building, there coutd be a claim that the City was negligent in letting the structure remain. Mr. ElIingson stated he beliaves within the next six months the issues are goin� to be resolved thiough the appellant process. Gerry Sirathman recommended granting fhe appeal with the following condition: 1) a demalition pezmit is obtained 2) remove the garage within 180 days. The meeting was adjoumed at 10:40 a.m. sjw JUL-24-2091 09�33 City of Saint Paul 651 266 8574 P.09i11 I I� January 3, 2001, City Council Action Mlnutes PiTBI.IC HEARINGS (pnblic hearings will begin at 5:30 p.m.) 28. Third Reading - 00-1172 - An ordinance to provide far the assessment and collection of fees for excessive poiice and nuisance enforcement sexvices. Substitate intraduced and Isid over to Janaary 10 for £�nal adoption Yeas - 6 Nays - 0 Page b 29. Third Reading - 00-1189 - An ordinance providing for the collection of refuse and the assessment and collection of service oharges for such services. Laid aver to January 10 for Tinal adopHon (To be withdrawn on January 10) 30. R�solution - �0=I203 - Approving a single family housing pxogram to be financed by the issuauce of single family mot'tgage revenue honds and mortgage credit eertifieates. (Laid over fiarn December 27 far public hearing) AdnpYed Xeas - b Nays - 0 31. Resolution - 01-12 - Ordering the owner to remove or repair the building at 783 Fuller Avenue within fifteen (15) days from adoption ofresalurion. (Legisiative I3earing Of�icer recommends appraval) Adopted Yeas - 6 Nays - 0 32. Resolution - O1-13 - Ocdering the owner to remove ar repair the building at 508 Sherburne Avenue within fifteen (15) days from adoptian of resolutiaa. (Legislative Hearing Qt'ficer recommends Iaying over to the January 16, 2001, Legistative Hearing and to the February 7, 2001, City Council Meeting, with the conditian that �n inter4or inspecfion of the building, conducted by City personnel, is completed by January 16, 2001. Laid over to February 7(per recommendakion of tlte I,egisiative Hearing Officer) Yeas - 6 Nays - 0 � Summary abatement appeai for 574 Summit Avenue. {Legrslative Hearing � Offxcer recommends apgroval with the oondition that a demolii�'ton permit is obtained and the structure is removed within 180 days Appeal granted with aondition {per recommendation of the Legislarive Hearing Officer) Yeas - 6 Nays - 0 � CITY OF SAINT PAUL Norm Coleman, Mayar December 5, 2000 Ms. Maureen Ellingson 574 Summit Avenue Saint Paul, MN 55102 Dear Ms. Eilingson: CITTZEN SERVICE OFFICE Fred Owusu, City Clerk ol-ga5 170 Ciry Hall Tel.: 657-266-8989 ISWKeZIaggBoulevard Fax: 651d66-8689 SaixtPaul, �mresota 55702 Web: http://www.stpauLgov On Tuesday, December 19, 2000 at 10:00 A.M. in Room 330 on the 3rd floor of City Hall the Legislative Hearing Officer will consider your appeal of the Summary Abatement Order regarding 574 Summit Avenue. At this time the Hearing Officer will hear ali parties relative to this action and make a final decision on this matter. If you have any questions, piease feel free to call me at 651-266- 8686. I am aiso retuming your check for $25.00, it is not required for an Abatement Appeal. Sincerely, � / � , / _ 1e e � _— � �. � _..- t F �- �.�.� Enc. c.c. Paula Seeley, Inspector Dick Lippert, Property Code Enforcement Gerry Strathman, Legislative Hearing Officer f:,��,�.�� UFC-01-2000 08�36 CITIZE77V SERVICE OFFICE � 612 266 8689 P.�03 R�c�rv�a � " APPLICATION FOR AI'PEAL �� 4 2000 ° � -g `� Pmperty Code Enfflrcement Leglslative Hearing . -��.�� 17� CityHall . LERK Saint Paul. MN 5�142 Telephone: (651) 266-8889 1. Addrn of pmpe�' being Appealed: 2. Number of UwPil� Linits: � S7�t ��,� �+�R. _ �_ - ' 3. Date oF Letter Appeaied: 11� 2.8 �fJ 4, Name of Qwner: Address:s�l� �arvrm�� 14V�. City: ( State:.�}l. ZiPCode:.$5�102 PhoneN . Svsiness b51-`ll`t -1�5�1 Residenca 1 o`ol-Z.. 2 2' ��`�3 Signa 5. Name of Appeltant / Appiicant {if other than ownerj: Address: City. State: Zip Code: Phone Number: Basiness Residence Signature: 6. State speciflcally what is 6eing appeated a w�(CJse an a�chrne�n� n e(�s� )'.� � �'2s��C'Ox'. c.a�nno�". � r'cr..ov'e. �e_ }o , ,_ : � � > --�- + r� � a iZ �!E � ��' ��iy i 5 �x,� _ _.a ��v,�,�� . W i �� ctl��t (��1�1.1 �hi S �12. �o COhlt �l,)t� � � r iS � � , . � � NOTE; .4 525.00 filing fee made payable to the Ciry of Saint Paul must accompany this appIicatinn as a IIEC essary aondilian for flHng. You must at�ch a copy of the original ordess and any ntteer corre5panctence relatfve to t,his apgeaL Any peison unsatisfied by the flnal deasinn of the City Council may abtain)udidai review by timely 8iing of an action as provided 6y Saw in Dis�ict Court. For Of&ca Use Octly Date Received: �'ep Received; R��nt Nurnher �a-y-oc� �5aa� � ••,,•• " - TOTAL. P.03 SAIN2 PAUL � AAAA CITY OF SAINT PAUL CITIZEN SERVICE OFFICE DIVISION OF CODE ENFORCEMENT Room 190, City HaII 15 W. Kellogg Boulevard Saint Paul� MN 55102 SUMMQRY ABATEMENT ORDER . . �• , '' _-_ ,� � ,�� . � DI-�`� As owner or person(s) responsible for. S 1 T � "Q" — you are hereby ordered to eliminate all nuisance conditions which are in vioiation of Chapter 45 of Saint Paut Legisla 've Code: Remove improperty stored or accumutated refuse inciuding: gar6age, ru66ish, discarded furniture, appliances� vehicle parts, scrap wood and metal, recycling materials, household items, buiiding materials or rubble, tires, brush, etc., from yazd areas. �� L^ o-�.+-a1G � , �..r�,- .�--+�- il i�` �-w"°��, w '� �i� °? �' � � 1� I/ • i �- � . � Cut and remove tall grass, weeds and rank plant growth. ��o.�S � S�'�--c Y"' � Remove and properly dispose af all animal feces from yard areas. IMMEDIATELY secure aIl buildings which are apen to unauthorized entry, including: If yau do not correct the nuisance or fite an appeal before � Z �� S � . the City will correcY the nuisance and charge all costs, including hoarding costs, against the property as a speciai assessment to be coflected in the same way as property taxes. Charqes: If the City corrects the nuisance, the charges wili include the cost of correction, inspection, travei time, equipment, etc. The rate will 6e approzimately 5225.00 per hour plus expenses for abatemen[. You must maintain the premises in a clean condition and provide proper and adequate refuse storage at all times lssued by: �� If you have any \ Badge Number. J �O Phone Numbef (651) � �" � ' � 9 � � this order, the requirements o the deadline, you should contact the Inspector 1-2-�'t� Inspecfio Dat ��' -� Date Maifed Appeals: You may appeal this order and obtain a hearing before the City Councii by filing a written request with the City Cierk hefore the appeal deadline noted a6ove or seven f7) days after the date mailed, whichever comes first No appeals may be filed after that date. Yau may obtain an application from the City Clerk's Office, Room 170, City Hail, St Paul, MN 55�02. The telephone number is (651) 266-8989.. You must su6mit a copY ot this Summary Abatement Order with your application. `�� .�;.�:�� ..a:��`;�:c _ - -' - __..1.�^�..� '_ .:. . ......_ - -- „_.. ;.�..;. _.: - �yv,< M-�i� . : _ - _ '�' . , , ' �```i � City of Saint Paul Citizen Service Office Division of Code Enforcement (651)266-8440 .�. - NOTICE 1/18/00 - � K THE FOLLOWING IS A LIST OF THE CURRENT CHARGES FOR VARIOUS ABATEMENT SERVICES/FEES: $225.00 - per hour labor cha be (subjett to minimum charge) ADDITIONAL CHARGES MAY INCLUDE: . $30.00 - standard household appliance /$40.00 commercial disposal $10.00 - battery disposal $10.00 - tire disposal (auto) /$15.00 large tire disposal $10.00 - mattress disposal $40.00 - per hour dump truck charge $40.00 per hour roll off truck (dumpster) charge i�_� ..- � - ., .: -- �- . - , �,� < - - $30.00 ; per hour flail charge �' � $140.00„-�per hour snow removal $140.00 grass/weed cutting .: ,. TffiS LIST DOES NOT INCLUDE AT � -': TO ALL SUMMARY ABATEMENTS _ -,i3`>- - ' _ _- " - ' e-r#'"� _. � . _ " y x rG. _ � "<Ert"� .. r . � Y _ __ �'r.;y.a'�-�.. :.TQ.'._ ' ' . Yti.l��g.� . . ?_ ' ,p, n :.e.y r. . =2 ,� �r y�' �� •"'��.':: ` �'.,i - " _ _ ; s�`,.:.:: '; �,�:r - . ' ' ° �;��i:.." ' _ i, �� :. ., ,. , - - .,; ' . _ � -.. �'��^..>,.� - -a;, - , " ��', .. . . . . " . . . - `'�< ; �: -�� `:�� -� ` � ^,�-�'"'' � - � �_ . � - � � _� - tiQ. )ITIONAL ADMIlVISTRATIVE FEES ADDED 3:":' � �� NL{tL� ' - . - � �r ,^ _ ' ' � _ � . ' . y ..��ia � , i , � �4t. :. -. . _ . <y . - 1 . �� :. .. _... ' � � . . .. .. :.'''=.�v�.'�.'3�� V.'>,.. � , � PROF CDNSULT. 4404253 P.01 � . i • :43 UTTC6 �hB�ADA ROAD SU�1'S 180 SAINT TAllL MlHiiv.50TA»i . TP4 6b1-i PAX: E31J90•9363 . : l t � . ` �ROSESSIVI'tAL ENGTNE+I..�NC COH5ULT.1,�'TS ��t�pgvORtiqD JulY 7 2Q00 Mr. SockY Elling9on 574 Summit Avenue St. Baul, Minnesota 55101 Subj= Detached �ara$R 574 Sum�it Avenue St. Paul, Mi,nne.sota Dear kIr• El7ings�an: D! � �� This letter c.onaernx our telephone conversation of earlier today. You had indicated to us that a representr�tive from the City Buildin� Inspection Departmr_nt or Fzre Depart,ment had spokea Wzth you regarding the removal af the exi.st�.ng detached garage behind ppur home at 57d Summit Avenue. This lettrr wi11 serve ta document pre$ent conditions at t;he pr.nperty. please recall that constriacti.on activities commeneed for a new houae imme�3iately weat af your }�ome on 3ummzt Avenue. Duri.ng the initial stagea oF that work, therP *+++s a doa�amented undermining of the foundation for your Fortica an�l documentad movem�nt of the poctico as a resutt of r,he canatr��etion act,ivitiea next door. The �aovement of the partic:o waa wcco�upanied by certain movement and distress of the maAn ho��4r.• Ouz' €irm performed investigative work and also deei.gned and svpervised the placement of temporary shoring for the portico at pour property. Subseq�aent},y, the portico has been re:stored. However, the �orrPati.vP work for the structvre haa not 3*et commenced, and the entira pr.oblem is prespntlY an J.itigation. The `' Gity of Sal.nt Paul Structux'al �t�ginee� and the Saint Paul Eui.lding IRSpection Depart.m�nt arP both wpll aware of t}xe on—going prabtems with this strueti�re zind rhP construction nexY, door. ThP court has aZFeady issued certaln osders negardzng constructian Ahoxing activities at thia propPT'+=:+. +� � PROF. ENGR� CON �ULT. 4909265 P.02 D �l$a� PagP Two It was a�ar understand�n$ that ths contra�tor who installed the temporary shori»& at the portzca also contracted with you to demoli.sh and remove tlte vld ;arage. HowevPr, we advised you t.hat no other demol3tinn or hpnvp equigment. 1:raff�c could occur on Your propertY until the correntivP work on the house taok P7��- Further,- after the conY.sactcsr was aPPrised o£ the sitiiatian wit.h yvur hovse, he also i�tPOrmPd gou that. hr ooi�tc3 not gr.oceed w'sth anp ctemolition until. the house Brructural prohlems K6Tp' reso7ved and coxrect,ive waek thrre had commenced. We are well a�+ar�- of the rliarepair oY the starage at i;his time. We 1i'aexise adviae you that no one sh7ald uea the garage and v�u should kaep it lncked at all times3 untit it 7S demolished. However> it is our opinzon that the structurP will not co].lapFe except Yrom � v�olent wind storm or a haavy sn�h'fall. In these Snstances, the z-oof gtructure co�ild coilapse into t.he interior v£ �.he atnictitre� but that would t�e nbout the extent oP collaPse. We rem3nd you i.hxt the hou�p atrvcture has be�n in an acti.ve movtlnent Cond2tion for i'.h2 pa3t many montha. Heavy eqttipment trafEic next tn #t prior to repair wauld not bQ ad�isab]e. Rtrspect £�el l y, Pro£esRtonal EnglnPer <•ntxnvltants. Inc- a..�--�--�� / 4 ��r- � a Hrian F.. Dotfxe, P•8. President a��►��. Council File # O t — $r1�S Green Sheet # 106168 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by_ Referred To Committee Date `d� BE TT RESOLVED, that the Councii of the City of Saint Paul hereby certifies and approves the August 7, 2001, decision of the Legislative Hearing O£ficer on Property Code Enforcement Appeals for the following addresses: 4 Property Appealed Ap eln lant 351 Bates Avenue Curtis Woetzel Decision: Appeal granted on the nonconfonning doors on the following conditions: 1) If the nonconfonning doors ever need to be replaced, they will be replaced with confornvng fire rated door assemblies; 2) The building will otherwise be maintained in compliance with all applicable codes and ordinances. 9 574 Suminit Avenue 10 Decision: Appeal denied. Rocky & Maureen Ellingson 11 1346 Arcade Street Tom Lindbeck for Arcade Auto Body 12 Decision: Appeal denied on Certificate of Occupancy Deficiency/Correcfion List dated 7-11-01. 13 1074 Arkwrieht Street #3 14 Daniel S. Le, SMRI,S, representing Tracy Garcia. 15 Decision: Appeal denied on Certificate of Occupancy DeficiencyiCorrection List dated 7-ll-01. 16 17 234 N. Mississippi River Boulevazd Bebe Jacque. 18 Decision: Appeal granted on the nonconforming doars on the following conditions: 1) If the nonconforming 19 doors ever need to be replaced, they will be replaced with confornung fire rated door assemblies; 2) The 20 building will otherwise be maintained in compliance with all applicable codes and ardinances. Cneen Sheet 106168 1 2 3 4 5 6 7 Yeas Nays Absent Blakey � Coleman ,/ Hazris ,/ Benanav � Reiter � Bostrom � Lantry � C> O 8 9 10 Adopted by Council: Date: � 11 � 12 Adopf Certified by Co cil Secretary 13 By: � y _ �,- , � !� _ � - _--- 14 Approved by Mayor: Date /�[,�} '�/ �/ 15 By: �-,r — --T— o � _ras Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � 2 A� _P�S DFPARTMENTfOFFICEK:WNCIL owrEINRU7ED , City Council Offices 8-7-2001 GREEN SHEET NO � afj1 68 corrracr rozsota a ata� axirmr. mrewuau Gerry Strathman,-266-8560 ooK�rowenoR rnrcawc�. MUS7 BE ON WUNqL AGENDA BY (DAT� A!l16M NUYB9IFOR ❑q1YATT0111lY d1YCti11K Rq1TMIG � ❑ANIICII1LfIXYKit0�1. wIU119�LaFRwAL•Ci6 ❑wrw�loRwfasrwrt� ❑ _ TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) CTION RC-0UE5T� � Approving the 8-7-01 decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 351 Bates Avenue, 574 Summit Avenue, 1346 Arcade Street, 1074 Arkwright Street �13, and 234 N. Mississippi River Boulevard. RECOMMENDATIO Approve(A)wReject(R) VERSONALSERVICECON7RACISMUSTpNSWFRTHEFOLLOWIN6QUESTIONSs 7. Has Mk pe`s�rm e+er worl�d urMer a cantra�t tor thie departmeM? PWNNINGCOMMISSION YES NO CIBCOMMITTEE 2. F�athieptvaoMrmeverheenacityempbyeel CIVIL SERVICE COMMISSION , YES NO 3. DOeb fhi6 Dersanlfifm P�Beas a sldll rot rarmalyP�ed bY anY wrtert citY emG�oyee7 VES NO 4. Is Mia persoMcm a targeted vendoYl YES NO 6Wlain eli Yec anav.eis on eeparate afieM arM aGach to 9reen sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (Wla, Whet, When, Where. WFryI ADVANTAGES IF APPROVED {� �: y i� , d� �Ltv�'.�drGE �.: N�f �+�� /tAd16� DISADVAMAGES IF APPROVED DISADVAMAGES IF NOT APPF20VED - 70TAL AMOUNT OF TRANSACTION S CO3T1REVdUE BUDOETm (GRCLE ONE) VES NO FUNDING SOURCE ACTMTYNWiBER FlNANpqL INFORMATON (IXPINN) - C��- gZS NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, August 7, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: John Powers, Code Enforcement; Paula Seeley, Code Enforcement 351 Bates Avenue (No one appeared to represent the properly.) Gerry Strathman granted the appeal on the nonconfornung doors on the following conditions: 1) If the nonconforming doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies; 2) The building will otherwise be maintained in compliance with a11 applicable codes'and ordinances. 574 Summit Avenue (Photographs were presented by Paula Seeley.) Rocky & Maureen Ellingson, owners, appeared. (Mr. Ellingson showed Mr. Strathxnan two letters.) Mr. Eliingson stated he was issued a ticket to get rid of the garage. He called Meghan Riley (City Attomey's Office) to ask her what the citation was for. The gazage had not changed since the last time he appeared before the Legislafive Hearing Officer. Paula Seeley had taken a tour and informed them they were in violation of another code surrounding the bottom of the door that was broken off and the window. The only functioning door has a lock on it. He spoke with Amy Spong (License, Inspection, Environmental Protection [LIEP]) last week who said she had not yet done enough homework to issue or deny the demolition permit. (Mr. Ellingson showed Mr. Stratlunan a photograph of the door.) Mr. Ellingson went on to say that when he was at the Legislative Hearing in January, Mr. Strathman gaue him six months. Since then, there was a court ruling that changed the situation. He made Paula Seeley awaze of this change. He is asking for an e�ension to get through this process so he can finally resolve the gazage issue. One person in the neighborhood feels the gazage can be sa�ed. It still requires everything to be lifted and for there to be foundation work. He feels that the legislative hearing process was circuxnvented. Ms. Riley was surprised that he had already been in front of the Legislarive Hearing Officer. She had no knowledge of the other issues. The ticket is for failure to repair or raze. Mr. Ellingson was never told the bottom of the door was not in compliance. He does not lrnow when the window was out, but it has been boazded. He talked to Ms. Riley, and did everything she said. The door has been painted brown. (Mrs. Ellingson showed Mr. Strathxnan photographs of other garages.) d\- �Z� PROPERTY CODE ENFORCEMENT NOT'ES FOR AUGUST 7, 2001 Page 2 Mrs. Ellingson stated the photographs of the gazage took her approximately ten minutes to take. Some of the gazages have roof damage in the back. Mr. Ellingson stated he would like an extension so that Code Enforcement will leave hixn alone. He would like them to talk to him if there is a problem instead of issuing tickets and orders. He would ha�e taken care of the problem if someone bad talked to him. The house structure is more important than a nuisance visual site of a garage. He cannot afford to do more damage to the house. Mr. Strathxnan asked the proposed solution to the gazage. Mr. Ellingson responded his understanding is the demolition permit is only good for a limited amount of time. If the HPC agrees to the permit, he will pull it. If the garage can be saved, they prefer to save it. There aze 90 days before the court decision will be in. None of those issues can be resolved until then. Mrs. Ellingson stated part of hesitation to having it torn down is the verbal threat from the neighbor across the fence who would like the following done: the driveway taken up, no cars coming alongside where the driveway always has been, no garage behind their house, park on the street, and dig a hole into the hill on Oakland to build a garage there. The Ellingsons are willing to pay twice as much to have the driveway fixed so they have a gazage instead of having it taken down and not hauing a garage. Mr. Strathxnan stated he has photographs with today's date that show the gazage door open. (The Ellingsons looked at the photographs.) Mr. Ellingson stated the doors open side to side. The door has been like that forever. Paula Seeley stated she took the appropriate measure for the citation. The garage falls under attractive nuisance. After the first legislative hearing, the owners had 180 days to pull the demolition permit, haue the garage razed, or have the properry repaired. It has been six months, and she has not heazd anything from the owner. She issued a citation, which is procedure. She talked to her boss, called the City Attorney, and was told to go forwazd with her actions. This is the worse garage she has seen. 5he is not harassing anyone. A complaint came in on July 3 about the garage. Mrs. Ellingson responded the complaint came after the neighbors moved in. Ms. Seeley stated someone could get hurt in the property. There was a window gone when she was at the property. It is a blighting effect, a hazazd, and a rodent harborage. The engineer Brian Dolby (phonefic) said far the owners to keep the garage secure, and it is not secure. (Mr. Ellingson showed another photograph.) Mrs. Ellingson stated tYris is a photograph of 534 Sununit Avenue. Tar paper and stucco aze falling off. Mr. Ellingson stated the acting building official put Brian Dolby in charge of the property. Ms. Seeley is talking about risking more foundation damage to her house. If the City is willing to haue an agreement drafted from his attomey that the City will accept the eapense for fiirther damage to his property, then something can be done. �� -�Z� PROPERTY CODE ENFORCEMENT NOTES FOR AUGUST 7, 2001 Page 3 Mr. Strathman stated his role here is to review the actions taken by the Adminisiration to see if Ms. Seeley has acted in accardance with the law and in reasonable fashion. She has sufficient reason to write the citation that she wxote. 5he has good reason to believe it is an attractive nuisance. The citation reads to repair or remove the garage. Mrs. Ellingson stated this garage is the first one built on record to hold an automobile. How does she get it demolished without a pernvt, she asked. She cannot get in front of the appeals people because Judge Finley has granted a delay for the insurance companies. Mr. Strathman responded the demolition permit is not before hixn today. Mr. Ellingson stated unless the neighbor allows them to take down his fence, drive up his driveway and take the garage out that way, there is nothing he can do. Mr. Strathman responded he is aware that this situation is a mess. Mr. Strathman asked what is the neact step in this citation. Ms. Seeley responded the owner can explain the circumstances to the city attorney, and the judge will give them a tisne frame. They will get a court fee and additional time. But the owners do not get prosecuted on the record. Gerry Strathman denied the appeal. He cannot fmd fault with Ms. Seeley's acfion; therefore, he cannot overrule her action. (All photographs were returned.) 1346 Arcade Street (No one appeared to represent the properry.) John Powers appeared. Gerry Strathman denied the appeal on the Certificate of Occupancy Deficiency/Correction List dated 7-11-01. 1074 Arkwright Street #3 (No one appeazed to represent the property.) Gerry Strathman denied the appeal on the Certificate of Occupancy Deficiency/Correction List dated 7-11-01. 234 N. Mississippi River Boulevard (Gerry Strathman mailed a leiter to the appellants with the following decision: Appeal granted on the nonconforming doors on the following conditions: 1) If the nonconforming doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies; 2) The building will otherwise be maintained in compliance with a11 applicable codes and ordinances.) The meeting was adjourned at 1:55 p.m. i--+.it JY;L-24-2091 09�31 City of Saint Paul 651 266 8574 P.02/11 MTI�IUTE5 OF THB LEGISLA'ZTVE HE�tIlVC, Tuesday, December 19, 2000 Room 330 Courthouse Geay S�athman, Legislative Heazing Of�f cer T'he meetuag was cailed to order at 10:00 a.m. Q(-$a-5 STAFF pItESENT; Steve Magner, Code Fuforcemen� paula Seeley, F'ue/Code Enforcement Resointion ordering the awner fo removc or regair the building at 50$ Sherburae Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the buildiag. (Steve Magner gave photographs to Geay StratUman.) Steve Magner reported this burlding is a two sEorY, wood fraa�e, singie family dwelling. The huilding was Condemnect in July, ] 998, bq Code Enforcement and it has been vacant sinca August 7, 1998. The current owner is Thein Van Tran. Ten summary abatements were issued to; secure the dwelling, cut the grass, and remove snow and ice from the publie sideundlk. An inspeetion was conducted on October 5, 1999, and a lisE of deftciencies which constitute a nuisance condition was developed and photographs were taken. An Order to Abate Nuisance BuiIding was zssued on October,l6, 1999 with a compliance date of November 29,1999. The property remains in a condition that comprises a nuisance as defined by the LegisIative Code. The City has boaxded this building to secure it against trespass. Vacant building fees are due. Reai estaxe t�es ate paid. The estimated market value of the property is $25,p00. �n Oetober 20, 2000 a code complianee inspection was compieted. A$2,000 bond was forfeited an October 28, 1999, as of beceznber 19, 2000 a new bond has ncrt been posted. The estimated eost to repair is $35,000; estimated cost to demolish, $7,OOb to $9,000. In response to Gerry Shathman's question about the date the photogcaphs were takeu; Mr, Magner responded the photographs were taken in I999. The building remains in the same cqndition. The owner has done some wnrk on the inside. There is suspicion thst this dwelling is being illegally occupied. A public hearing notiee was sent, and at that tune the owner was informed not to reside in the building, Gerry Strathman asked if there � any info�h on the extent of complelion on necessary repajrs, M*• Magaer responded it xrouid be up to the owner to inform Code Enforcement or to have an inSPector inspect the dwelling. There has been some repairs to the property, hawever, without the code inspector and permit inspector wallcing through, it is difficult to know the extent of completion. This dweIling has not been recently inspected by the building deparnnent. In respanse to Mr. Strathman's quesrion ahaut the length of time needed to eomplete repairs, Thein Van Tran, owrxer, appeared and responded the repairs cqnZd be wmpleted by the end of June. Because of a dif�"icult work schedule and limited finances, he is not able to hue a professional conu�actor and will do the work himself. ..� _ JUL-24-2001 09�31 City of Saint Paul 651 266 8574 P.03i11 OI�S�J MIN[JTES OF TF� LEGTSLATIVE FiEARING 12-19-2000 Prxge 2 Mr. 3uathmau stated he would feel more connfortable giving additional time to camplete the repairs to ihe dwelling, if current information on ttie status of tkte building was available. Gerry Strathman recommended laying over to the January 16, 200i Legislative Hearing and the Februaiy 7, 2Q01 City CounciI meeting with the condition t�at an interior inspection of the builciiug, canducted by City personnel, is Campleted by 7anuary 16, 2Q01. Itesolution ordering the owaer to remwe or repair the buitdiug at 7S3 �'uller Avenne. If the owncr fails to eomply, Code Enfarccment is ordered tn remove the bnildiug. (Steve Magner gave ghotographs to Gerry Sirathman) No one appeared W represent this property. Geny Strathman recommended approval. Summary Abatement order at 574 Summit Avenue Rocky Ellingson, owner, appeared and stated the property was piuchased in January,1999. A new garage was going to be erected, and the solarium repaired. The adjacent lot was sold snd consri�uction staited on .Tuly 29,1999. The carport was damaged during the cons�uction. When damage oecurtetl Yo the carport, it caused damage to the interior o f the lwuse and eompmmised the foundation. Trial was finished in November in iront of 7ud�e Finley. A tempoxary resh�+ining order was issued last fali, to the contractor, to stop all construction. The house has over one miIlion doilars in damage, which exceeds the value of the house. The garage is ihe first registered automobile garage in Saint Paul, vintage 1910. The Summit FIill A ssociation informed Mr. and Mrs. Ellingson that the garage could not come dawn, it would have to be rcpaired and returned to its original 1910 vinta�e state. After the damage to the carport, the garage sustained additional damage as a resuit of conskuorion. The garage has a sewer and water line running to it, an oil pit in St, and a complete foundation. The xecommmdation was when the gaza�e is taken down, the foundation would have be removed, and the sewer and water lines wauld have to be capped. The properiy cannot accommodate any heavy machinery or equipment until the basement is stabiLized. Stabilization will cost three to four hundred thousand dollars. Ramsey Couniy devalued the property from approximately five hundred thousand dollars to twa hundred and.seventy thousand dollars. In response to Crerry Strathman's ques�on about the resuit of the irial, Mr. Ellingson responded they won. The after trial motions are to be heazd on January 4, Zd00. They have retained an agpellant attomey for appeals court. Mauxeen Blfingson, owner, appeared and stated heavy mac]unery cannot come up azound tke house, and there is no way to takc down the garage withoert having heavy machinexy up next to ihe house. T'he house is still sustaining damage due to cold weather conditions. The foundation cannot be �ixed until the law suit is settled, and it will be three to s'vz months before axty money is received. ,,Jj1L-24-2091 09�32 City of Saint Paul 651 266 8574 P.04i11 �l``�a-�J MINLTI'ES OF Ti3E LEGISLATIVE HEARING 12-19-2000 Page 3 Mr• Ellingson stated the city has not received any prior complaints abaut the property. There now has been aumerous compiaints against the property, which has coincided with 2ega1 hearings about the contractorissues ofthe house, Ms. RT1�son stared the Ievel of the lot is off of Oakland, and there is no way to ]ift a piece of machinery on the pmperty. When soil boring was doae around the house, it caused damage with the s�nall machine that was brought in. It is important ta try to resolve this issue with the courts, and try to get done before Spring, because the thaw will cause more damage to the foundation_ Paula Seeley appeared and stated a complaint was received in July. The garage is dilapidated. The concetn is a heavy snow load and the ioof of the gazage collapsing. The garage is adjo"vung another property and if someone was there they could get hurt. AIso, it is an attcactive nuisance. Mr. Ellingson stated the back roof of the garage is open to air sa excessive snow does not accumulate, and the roof is pitched severely. T'he gardge is not being used to store cars, but there aze architectural items, a snow blower, and bikes in the garage. In respanse to Mr. Strathman's question about the secvrity of the garage, Mr. Ellingsan responded the garage has bazn doors, one door does not open, and the other has a latch on it with a padlock. In response to Mr. Strathman's quesrion if the only danger is the roof colIapcino, Ms. Seeley responded there is siding camung off a(so. She would like a demolition pemut obtained. The permit will last 180 days. Mr. Strathinan asked if the garage is a historic stnichue? Ms. Seeley contacted Amy Spawn, head of Heritage Preservation Commission, and was told the shucture could come down. Mr. Strathman stated his concern is if someone were to be injured 'zn the building, there coutd be a claim that the City was negligent in letting the structure remain. Mr. ElIingson stated he beliaves within the next six months the issues are goin� to be resolved thiough the appellant process. Gerry Sirathman recommended granting fhe appeal with the following condition: 1) a demalition pezmit is obtained 2) remove the garage within 180 days. The meeting was adjoumed at 10:40 a.m. sjw JUL-24-2091 09�33 City of Saint Paul 651 266 8574 P.09i11 I I� January 3, 2001, City Council Action Mlnutes PiTBI.IC HEARINGS (pnblic hearings will begin at 5:30 p.m.) 28. Third Reading - 00-1172 - An ordinance to provide far the assessment and collection of fees for excessive poiice and nuisance enforcement sexvices. Substitate intraduced and Isid over to Janaary 10 for £�nal adoption Yeas - 6 Nays - 0 Page b 29. Third Reading - 00-1189 - An ordinance providing for the collection of refuse and the assessment and collection of service oharges for such services. Laid aver to January 10 for Tinal adopHon (To be withdrawn on January 10) 30. R�solution - �0=I203 - Approving a single family housing pxogram to be financed by the issuauce of single family mot'tgage revenue honds and mortgage credit eertifieates. (Laid over fiarn December 27 far public hearing) AdnpYed Xeas - b Nays - 0 31. Resolution - 01-12 - Ordering the owner to remove or repair the building at 783 Fuller Avenue within fifteen (15) days from adoption ofresalurion. (Legisiative I3earing Of�icer recommends appraval) Adopted Yeas - 6 Nays - 0 32. Resolution - O1-13 - Ocdering the owner to remove ar repair the building at 508 Sherburne Avenue within fifteen (15) days from adoptian of resolutiaa. (Legislative Hearing Qt'ficer recommends Iaying over to the January 16, 2001, Legistative Hearing and to the February 7, 2001, City Council Meeting, with the conditian that �n inter4or inspecfion of the building, conducted by City personnel, is completed by January 16, 2001. Laid over to February 7(per recommendakion of tlte I,egisiative Hearing Officer) Yeas - 6 Nays - 0 � Summary abatement appeai for 574 Summit Avenue. {Legrslative Hearing � Offxcer recommends apgroval with the oondition that a demolii�'ton permit is obtained and the structure is removed within 180 days Appeal granted with aondition {per recommendation of the Legislarive Hearing Officer) Yeas - 6 Nays - 0 � CITY OF SAINT PAUL Norm Coleman, Mayar December 5, 2000 Ms. Maureen Ellingson 574 Summit Avenue Saint Paul, MN 55102 Dear Ms. Eilingson: CITTZEN SERVICE OFFICE Fred Owusu, City Clerk ol-ga5 170 Ciry Hall Tel.: 657-266-8989 ISWKeZIaggBoulevard Fax: 651d66-8689 SaixtPaul, �mresota 55702 Web: http://www.stpauLgov On Tuesday, December 19, 2000 at 10:00 A.M. in Room 330 on the 3rd floor of City Hall the Legislative Hearing Officer will consider your appeal of the Summary Abatement Order regarding 574 Summit Avenue. At this time the Hearing Officer will hear ali parties relative to this action and make a final decision on this matter. If you have any questions, piease feel free to call me at 651-266- 8686. I am aiso retuming your check for $25.00, it is not required for an Abatement Appeal. Sincerely, � / � , / _ 1e e � _— � �. � _..- t F �- �.�.� Enc. c.c. Paula Seeley, Inspector Dick Lippert, Property Code Enforcement Gerry Strathman, Legislative Hearing Officer f:,��,�.�� UFC-01-2000 08�36 CITIZE77V SERVICE OFFICE � 612 266 8689 P.�03 R�c�rv�a � " APPLICATION FOR AI'PEAL �� 4 2000 ° � -g `� Pmperty Code Enfflrcement Leglslative Hearing . -��.�� 17� CityHall . LERK Saint Paul. MN 5�142 Telephone: (651) 266-8889 1. Addrn of pmpe�' being Appealed: 2. Number of UwPil� Linits: � S7�t ��,� �+�R. _ �_ - ' 3. Date oF Letter Appeaied: 11� 2.8 �fJ 4, Name of Qwner: Address:s�l� �arvrm�� 14V�. City: ( State:.�}l. ZiPCode:.$5�102 PhoneN . Svsiness b51-`ll`t -1�5�1 Residenca 1 o`ol-Z.. 2 2' ��`�3 Signa 5. Name of Appeltant / Appiicant {if other than ownerj: Address: City. State: Zip Code: Phone Number: Basiness Residence Signature: 6. State speciflcally what is 6eing appeated and w (CJse an a chrnsnt if necessary): �'2sr��C'o�'.=. Ca�nno�"' nr.�oV'e.��e- �o�,C�p�,'��. 1-fl : � � ' + r� � a iZ �!E � ��' ��iy i 5 �x,� _ _.a ��v,�,�� . W i �� ctl��t (��1�1.1 �hi S �12. �o COhlt �l,)t� � � r iS � � , . � � NOTE; .4 525.00 filing fee made payable to the Ciry of Saint Paul must accompany this appIicatinn as a IIEC essary aondilian for flHng. You must at�ch a copy of the original ordess and any ntteer corre5panctence relatfve to t,his apgeaL Any peison unsatisfied by the flnal deasinn of the City Council may abtain)udidai review by timely 8iing of an action as provided 6y Saw in Dis�ict Court. For Of&ca Use Octly Date Received: �'ep Received; R��nt Nurnher �a-y-oc� �5aa� � ••,,•• " - TOTAL. P.03 SAIN2 PAUL � AAAA CITY OF SAINT PAUL CITIZEN SERVICE OFFICE DIVISION OF CODE ENFORCEMENT Room 190, City HaII 15 W. Kellogg Boulevard Saint Paul� MN 55102 SUMMQRY ABATEMENT ORDER . . �• , '' _-_ ,� � ,�� . � DI-�`� As owner or person(s) responsible for. S 1 T � "Q" — you are hereby ordered to eliminate all nuisance conditions which are in vioiation of Chapter 45 of Saint Paut Legisla 've Code: Remove improperty stored or accumutated refuse inciuding: gar6age, ru66ish, discarded furniture, appliances� vehicle parts, scrap wood and metal, recycling materials, household items, buiiding materials or rubble, tires, brush, etc., from yazd areas. �� L^ o-�.+-a1G � , �..r�,- .�--+�- il i�` �-w"°��, w '� �i� °? �' � � 1� I/ • i �- � . � Cut and remove tall grass, weeds and rank plant growth. ��o.�S � S�'�--c Y"' � Remove and properly dispose af all animal feces from yard areas. IMMEDIATELY secure aIl buildings which are apen to unauthorized entry, including: If yau do not correct the nuisance or fite an appeal before � Z �� S � . the City will correcY the nuisance and charge all costs, including hoarding costs, against the property as a speciai assessment to be coflected in the same way as property taxes. Charqes: If the City corrects the nuisance, the charges wili include the cost of correction, inspection, travei time, equipment, etc. The rate will 6e approzimately 5225.00 per hour plus expenses for abatemen[. You must maintain the premises in a clean condition and provide proper and adequate refuse storage at all times lssued by: �� If you have any \ Badge Number. J �O Phone Numbef (651) � �" � ' � 9 � � this order, the requirements o the deadline, you should contact the Inspector 1-2-�'t� Inspecfio Dat ��' -� Date Maifed Appeals: You may appeal this order and obtain a hearing before the City Councii by filing a written request with the City Cierk hefore the appeal deadline noted a6ove or seven f7) days after the date mailed, whichever comes first No appeals may be filed after that date. Yau may obtain an application from the City Clerk's Office, Room 170, City Hail, St Paul, MN 55�02. The telephone number is (651) 266-8989.. You must su6mit a copY ot this Summary Abatement Order with your application. `�� .�;.�:�� ..a:��`;�:c _ - -' - __..1.�^�..� '_ .:. . ......_ - -- „_.. ;.�..;. _.: - �yv,< M-�i� . : _ - _ '�' . , , ' �```i � City of Saint Paul Citizen Service Office Division of Code Enforcement (651)266-8440 .�. - NOTICE 1/18/00 - � K THE FOLLOWING IS A LIST OF THE CURRENT CHARGES FOR VARIOUS ABATEMENT SERVICES/FEES: $225.00 - per hour labor cha be (subjett to minimum charge) ADDITIONAL CHARGES MAY INCLUDE: . $30.00 - standard household appliance /$40.00 commercial disposal $10.00 - battery disposal $10.00 - tire disposal (auto) /$15.00 large tire disposal $10.00 - mattress disposal $40.00 - per hour dump truck charge $40.00 per hour roll off truck (dumpster) charge i�_� ..- � - ., .: -- �- . - , �,� < - - $30.00 ; per hour flail charge �' � $140.00„-�per hour snow removal $140.00 grass/weed cutting .: ,. TffiS LIST DOES NOT INCLUDE AT � -': TO ALL SUMMARY ABATEMENTS _ -,i3`>- - ' _ _- " - ' e-r#'"� _. � . _ " y x rG. _ � "<Ert"� .. r . � Y _ __ �'r.;y.a'�-�.. :.TQ.'._ ' ' . Yti.l��g.� . . ?_ ' ,p, n :.e.y r. . =2 ,� �r y�' �� •"'��.':: ` �'.,i - " _ _ ; s�`,.:.:: '; �,�:r - . ' ' ° �;��i:.." ' _ i, �� :. ., ,. , - - .,; ' . _ � -.. �'��^..>,.� - -a;, - , " ��', .. . . . . " . . . - `'�< ; �: -�� `:�� -� ` � ^,�-�'"'' � - � �_ . � - � � _� - tiQ. )ITIONAL ADMIlVISTRATIVE FEES ADDED 3:":' � �� NL{tL� ' - . - � �r ,^ _ ' ' � _ � . ' . y ..��ia � , i , � �4t. :. -. . _ . <y . - 1 . �� :. .. _... ' � � . . .. .. :.'''=.�v�.'�.'3�� V.'>,.. � , � PROF CDNSULT. 4404253 P.01 � . i • :43 UTTC6 �hB�ADA ROAD SU�1'S 180 SAINT TAllL MlHiiv.50TA»i . TP4 6b1-i PAX: E31J90•9363 . : l t � . ` �ROSESSIVI'tAL ENGTNE+I..�NC COH5ULT.1,�'TS ��t�pgvORtiqD JulY 7 2Q00 Mr. SockY Elling9on 574 Summit Avenue St. Baul, Minnesota 55101 Subj= Detached �ara$R 574 Sum�it Avenue St. Paul, Mi,nne.sota Dear kIr• El7ings�an: D! � �� This letter c.onaernx our telephone conversation of earlier today. You had indicated to us that a representr�tive from the City Buildin� Inspection Departmr_nt or Fzre Depart,ment had spokea Wzth you regarding the removal af the exi.st�.ng detached garage behind ppur home at 57d Summit Avenue. This lettrr wi11 serve ta document pre$ent conditions at t;he pr.nperty. please recall that constriacti.on activities commeneed for a new houae imme�3iately weat af your }�ome on 3ummzt Avenue. Duri.ng the initial stagea oF that work, therP *+++s a doa�amented undermining of the foundation for your Fortica an�l documentad movem�nt of the poctico as a resutt of r,he canatr��etion act,ivitiea next door. The �aovement of the partic:o waa wcco�upanied by certain movement and distress of the maAn ho��4r.• Ouz' €irm performed investigative work and also deei.gned and svpervised the placement of temporary shoring for the portico at pour property. Subseq�aent},y, the portico has been re:stored. However, the �orrPati.vP work for the structvre haa not 3*et commenced, and the entira pr.oblem is prespntlY an J.itigation. The `' Gity of Sal.nt Paul Structux'al �t�ginee� and the Saint Paul Eui.lding IRSpection Depart.m�nt arP both wpll aware of t}xe on—going prabtems with this strueti�re zind rhP construction nexY, door. ThP court has aZFeady issued certaln osders negardzng constructian Ahoxing activities at thia propPT'+=:+. +� � PROF. ENGR� CON �ULT. 4909265 P.02 D �l$a� PagP Two It was a�ar understand�n$ that ths contra�tor who installed the temporary shori»& at the portzca also contracted with you to demoli.sh and remove tlte vld ;arage. HowevPr, we advised you t.hat no other demol3tinn or hpnvp equigment. 1:raff�c could occur on Your propertY until the correntivP work on the house taok P7��- Further,- after the conY.sactcsr was aPPrised o£ the sitiiatian wit.h yvur hovse, he also i�tPOrmPd gou that. hr ooi�tc3 not gr.oceed w'sth anp ctemolition until. the house Brructural prohlems K6Tp' reso7ved and coxrect,ive waek thrre had commenced. We are well a�+ar�- of the rliarepair oY the starage at i;his time. We 1i'aexise adviae you that no one sh7ald uea the garage and v�u should kaep it lncked at all times3 untit it 7S demolished. However> it is our opinzon that the structurP will not co].lapFe except Yrom � v�olent wind storm or a haavy sn�h'fall. In these Snstances, the z-oof gtructure co�ild coilapse into t.he interior v£ �.he atnictitre� but that would t�e nbout the extent oP collaPse. We rem3nd you i.hxt the hou�p atrvcture has be�n in an acti.ve movtlnent Cond2tion for i'.h2 pa3t many montha. Heavy eqttipment trafEic next tn #t prior to repair wauld not bQ ad�isab]e. Rtrspect £�el l y, Pro£esRtonal EnglnPer <•ntxnvltants. Inc- a..�--�--�� / 4 ��r- � a Hrian F.. Dotfxe, P•8. President a��►��. Council File # O t — $r1�S Green Sheet # 106168 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by_ Referred To Committee Date `d� BE TT RESOLVED, that the Councii of the City of Saint Paul hereby certifies and approves the August 7, 2001, decision of the Legislative Hearing O£ficer on Property Code Enforcement Appeals for the following addresses: 4 Property Appealed Ap eln lant 351 Bates Avenue Curtis Woetzel Decision: Appeal granted on the nonconfonning doors on the following conditions: 1) If the nonconfonning doors ever need to be replaced, they will be replaced with confornvng fire rated door assemblies; 2) The building will otherwise be maintained in compliance with all applicable codes and ordinances. 9 574 Suminit Avenue 10 Decision: Appeal denied. Rocky & Maureen Ellingson 11 1346 Arcade Street Tom Lindbeck for Arcade Auto Body 12 Decision: Appeal denied on Certificate of Occupancy Deficiency/Correcfion List dated 7-11-01. 13 1074 Arkwrieht Street #3 14 Daniel S. Le, SMRI,S, representing Tracy Garcia. 15 Decision: Appeal denied on Certificate of Occupancy DeficiencyiCorrection List dated 7-ll-01. 16 17 234 N. Mississippi River Boulevazd Bebe Jacque. 18 Decision: Appeal granted on the nonconforming doars on the following conditions: 1) If the nonconforming 19 doors ever need to be replaced, they will be replaced with confornung fire rated door assemblies; 2) The 20 building will otherwise be maintained in compliance with all applicable codes and ardinances. Cneen Sheet 106168 1 2 3 4 5 6 7 Yeas Nays Absent Blakey � Coleman ,/ Hazris ,/ Benanav � Reiter � Bostrom � Lantry � C> O 8 9 10 Adopted by Council: Date: � 11 � 12 Adopf Certified by Co cil Secretary 13 By: � y _ �,- , � !� _ � - _--- 14 Approved by Mayor: Date /�[,�} '�/ �/ 15 By: �-,r — --T— o � _ras Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � 2 A� _P�S DFPARTMENTfOFFICEK:WNCIL owrEINRU7ED , City Council Offices 8-7-2001 GREEN SHEET NO � afj1 68 corrracr rozsota a ata� axirmr. mrewuau Gerry Strathman,-266-8560 ooK�rowenoR rnrcawc�. MUS7 BE ON WUNqL AGENDA BY (DAT� A!l16M NUYB9IFOR ❑q1YATT0111lY d1YCti11K Rq1TMIG � ❑ANIICII1LfIXYKit0�1. wIU119�LaFRwAL•Ci6 ❑wrw�loRwfasrwrt� ❑ _ TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) CTION RC-0UE5T� � Approving the 8-7-01 decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 351 Bates Avenue, 574 Summit Avenue, 1346 Arcade Street, 1074 Arkwright Street �13, and 234 N. Mississippi River Boulevard. RECOMMENDATIO Approve(A)wReject(R) VERSONALSERVICECON7RACISMUSTpNSWFRTHEFOLLOWIN6QUESTIONSs 7. Has Mk pe`s�rm e+er worl�d urMer a cantra�t tor thie departmeM? PWNNINGCOMMISSION YES NO CIBCOMMITTEE 2. F�athieptvaoMrmeverheenacityempbyeel CIVIL SERVICE COMMISSION , YES NO 3. DOeb fhi6 Dersanlfifm P�Beas a sldll rot rarmalyP�ed bY anY wrtert citY emG�oyee7 VES NO 4. Is Mia persoMcm a targeted vendoYl YES NO 6Wlain eli Yec anav.eis on eeparate afieM arM aGach to 9reen sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (Wla, Whet, When, Where. WFryI ADVANTAGES IF APPROVED {� �: y i� , d� �Ltv�'.�drGE �.: N�f �+�� /tAd16� DISADVAMAGES IF APPROVED DISADVAMAGES IF NOT APPF20VED - 70TAL AMOUNT OF TRANSACTION S CO3T1REVdUE BUDOETm (GRCLE ONE) VES NO FUNDING SOURCE ACTMTYNWiBER FlNANpqL INFORMATON (IXPINN) - C��- gZS NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, August 7, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: John Powers, Code Enforcement; Paula Seeley, Code Enforcement 351 Bates Avenue (No one appeared to represent the properly.) Gerry Strathman granted the appeal on the nonconfornung doors on the following conditions: 1) If the nonconforming doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies; 2) The building will otherwise be maintained in compliance with a11 applicable codes'and ordinances. 574 Summit Avenue (Photographs were presented by Paula Seeley.) Rocky & Maureen Ellingson, owners, appeared. (Mr. Ellingson showed Mr. Strathxnan two letters.) Mr. Eliingson stated he was issued a ticket to get rid of the garage. He called Meghan Riley (City Attomey's Office) to ask her what the citation was for. The gazage had not changed since the last time he appeared before the Legislafive Hearing Officer. Paula Seeley had taken a tour and informed them they were in violation of another code surrounding the bottom of the door that was broken off and the window. The only functioning door has a lock on it. He spoke with Amy Spong (License, Inspection, Environmental Protection [LIEP]) last week who said she had not yet done enough homework to issue or deny the demolition permit. (Mr. Ellingson showed Mr. Stratlunan a photograph of the door.) Mr. Ellingson went on to say that when he was at the Legislative Hearing in January, Mr. Strathman gaue him six months. Since then, there was a court ruling that changed the situation. He made Paula Seeley awaze of this change. He is asking for an e�ension to get through this process so he can finally resolve the gazage issue. One person in the neighborhood feels the gazage can be sa�ed. It still requires everything to be lifted and for there to be foundation work. He feels that the legislative hearing process was circuxnvented. Ms. Riley was surprised that he had already been in front of the Legislarive Hearing Officer. She had no knowledge of the other issues. The ticket is for failure to repair or raze. Mr. Ellingson was never told the bottom of the door was not in compliance. He does not lrnow when the window was out, but it has been boazded. He talked to Ms. Riley, and did everything she said. The door has been painted brown. (Mrs. Ellingson showed Mr. Strathxnan photographs of other garages.) d\- �Z� PROPERTY CODE ENFORCEMENT NOT'ES FOR AUGUST 7, 2001 Page 2 Mrs. Ellingson stated the photographs of the gazage took her approximately ten minutes to take. Some of the gazages have roof damage in the back. Mr. Ellingson stated he would like an extension so that Code Enforcement will leave hixn alone. He would like them to talk to him if there is a problem instead of issuing tickets and orders. He would ha�e taken care of the problem if someone bad talked to him. The house structure is more important than a nuisance visual site of a garage. He cannot afford to do more damage to the house. Mr. Strathxnan asked the proposed solution to the gazage. Mr. Ellingson responded his understanding is the demolition permit is only good for a limited amount of time. If the HPC agrees to the permit, he will pull it. If the garage can be saved, they prefer to save it. There aze 90 days before the court decision will be in. None of those issues can be resolved until then. Mrs. Ellingson stated part of hesitation to having it torn down is the verbal threat from the neighbor across the fence who would like the following done: the driveway taken up, no cars coming alongside where the driveway always has been, no garage behind their house, park on the street, and dig a hole into the hill on Oakland to build a garage there. The Ellingsons are willing to pay twice as much to have the driveway fixed so they have a gazage instead of having it taken down and not hauing a garage. Mr. Strathxnan stated he has photographs with today's date that show the gazage door open. (The Ellingsons looked at the photographs.) Mr. Ellingson stated the doors open side to side. The door has been like that forever. Paula Seeley stated she took the appropriate measure for the citation. The garage falls under attractive nuisance. After the first legislative hearing, the owners had 180 days to pull the demolition permit, haue the garage razed, or have the properry repaired. It has been six months, and she has not heazd anything from the owner. She issued a citation, which is procedure. She talked to her boss, called the City Attorney, and was told to go forwazd with her actions. This is the worse garage she has seen. 5he is not harassing anyone. A complaint came in on July 3 about the garage. Mrs. Ellingson responded the complaint came after the neighbors moved in. Ms. Seeley stated someone could get hurt in the property. There was a window gone when she was at the property. It is a blighting effect, a hazazd, and a rodent harborage. The engineer Brian Dolby (phonefic) said far the owners to keep the garage secure, and it is not secure. (Mr. Ellingson showed another photograph.) Mrs. Ellingson stated tYris is a photograph of 534 Sununit Avenue. Tar paper and stucco aze falling off. Mr. Ellingson stated the acting building official put Brian Dolby in charge of the property. Ms. Seeley is talking about risking more foundation damage to her house. If the City is willing to haue an agreement drafted from his attomey that the City will accept the eapense for fiirther damage to his property, then something can be done. �� -�Z� PROPERTY CODE ENFORCEMENT NOTES FOR AUGUST 7, 2001 Page 3 Mr. Strathman stated his role here is to review the actions taken by the Adminisiration to see if Ms. Seeley has acted in accardance with the law and in reasonable fashion. She has sufficient reason to write the citation that she wxote. 5he has good reason to believe it is an attractive nuisance. The citation reads to repair or remove the garage. Mrs. Ellingson stated this garage is the first one built on record to hold an automobile. How does she get it demolished without a pernvt, she asked. She cannot get in front of the appeals people because Judge Finley has granted a delay for the insurance companies. Mr. Strathman responded the demolition permit is not before hixn today. Mr. Ellingson stated unless the neighbor allows them to take down his fence, drive up his driveway and take the garage out that way, there is nothing he can do. Mr. Strathman responded he is aware that this situation is a mess. Mr. Strathman asked what is the neact step in this citation. Ms. Seeley responded the owner can explain the circumstances to the city attorney, and the judge will give them a tisne frame. They will get a court fee and additional time. But the owners do not get prosecuted on the record. Gerry Strathman denied the appeal. He cannot fmd fault with Ms. Seeley's acfion; therefore, he cannot overrule her action. (All photographs were returned.) 1346 Arcade Street (No one appeared to represent the properry.) John Powers appeared. Gerry Strathman denied the appeal on the Certificate of Occupancy Deficiency/Correction List dated 7-11-01. 1074 Arkwright Street #3 (No one appeazed to represent the property.) Gerry Strathman denied the appeal on the Certificate of Occupancy Deficiency/Correction List dated 7-11-01. 234 N. Mississippi River Boulevard (Gerry Strathman mailed a leiter to the appellants with the following decision: Appeal granted on the nonconforming doors on the following conditions: 1) If the nonconforming doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies; 2) The building will otherwise be maintained in compliance with a11 applicable codes and ordinances.) The meeting was adjourned at 1:55 p.m. i--+.it JY;L-24-2091 09�31 City of Saint Paul 651 266 8574 P.02/11 MTI�IUTE5 OF THB LEGISLA'ZTVE HE�tIlVC, Tuesday, December 19, 2000 Room 330 Courthouse Geay S�athman, Legislative Heazing Of�f cer T'he meetuag was cailed to order at 10:00 a.m. Q(-$a-5 STAFF pItESENT; Steve Magner, Code Fuforcemen� paula Seeley, F'ue/Code Enforcement Resointion ordering the awner fo removc or regair the building at 50$ Sherburae Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the buildiag. (Steve Magner gave photographs to Geay StratUman.) Steve Magner reported this burlding is a two sEorY, wood fraa�e, singie family dwelling. The huilding was Condemnect in July, ] 998, bq Code Enforcement and it has been vacant sinca August 7, 1998. The current owner is Thein Van Tran. Ten summary abatements were issued to; secure the dwelling, cut the grass, and remove snow and ice from the publie sideundlk. An inspeetion was conducted on October 5, 1999, and a lisE of deftciencies which constitute a nuisance condition was developed and photographs were taken. An Order to Abate Nuisance BuiIding was zssued on October,l6, 1999 with a compliance date of November 29,1999. The property remains in a condition that comprises a nuisance as defined by the LegisIative Code. The City has boaxded this building to secure it against trespass. Vacant building fees are due. Reai estaxe t�es ate paid. The estimated market value of the property is $25,p00. �n Oetober 20, 2000 a code complianee inspection was compieted. A$2,000 bond was forfeited an October 28, 1999, as of beceznber 19, 2000 a new bond has ncrt been posted. The estimated eost to repair is $35,000; estimated cost to demolish, $7,OOb to $9,000. In response to Gerry Shathman's question about the date the photogcaphs were takeu; Mr, Magner responded the photographs were taken in I999. The building remains in the same cqndition. The owner has done some wnrk on the inside. There is suspicion thst this dwelling is being illegally occupied. A public hearing notiee was sent, and at that tune the owner was informed not to reside in the building, Gerry Strathman asked if there � any info�h on the extent of complelion on necessary repajrs, M*• Magaer responded it xrouid be up to the owner to inform Code Enforcement or to have an inSPector inspect the dwelling. There has been some repairs to the property, hawever, without the code inspector and permit inspector wallcing through, it is difficult to know the extent of completion. This dweIling has not been recently inspected by the building deparnnent. In respanse to Mr. Strathman's quesrion ahaut the length of time needed to eomplete repairs, Thein Van Tran, owrxer, appeared and responded the repairs cqnZd be wmpleted by the end of June. Because of a dif�"icult work schedule and limited finances, he is not able to hue a professional conu�actor and will do the work himself. ..� _ JUL-24-2001 09�31 City of Saint Paul 651 266 8574 P.03i11 OI�S�J MIN[JTES OF TF� LEGTSLATIVE FiEARING 12-19-2000 Prxge 2 Mr. 3uathmau stated he would feel more connfortable giving additional time to camplete the repairs to ihe dwelling, if current information on ttie status of tkte building was available. Gerry Strathman recommended laying over to the January 16, 200i Legislative Hearing and the Februaiy 7, 2Q01 City CounciI meeting with the condition t�at an interior inspection of the builciiug, canducted by City personnel, is Campleted by 7anuary 16, 2Q01. Itesolution ordering the owaer to remwe or repair the buitdiug at 7S3 �'uller Avenne. If the owncr fails to eomply, Code Enfarccment is ordered tn remove the bnildiug. (Steve Magner gave ghotographs to Gerry Sirathman) No one appeared W represent this property. Geny Strathman recommended approval. Summary Abatement order at 574 Summit Avenue Rocky Ellingson, owner, appeared and stated the property was piuchased in January,1999. A new garage was going to be erected, and the solarium repaired. The adjacent lot was sold snd consri�uction staited on .Tuly 29,1999. The carport was damaged during the cons�uction. When damage oecurtetl Yo the carport, it caused damage to the interior o f the lwuse and eompmmised the foundation. Trial was finished in November in iront of 7ud�e Finley. A tempoxary resh�+ining order was issued last fali, to the contractor, to stop all construction. The house has over one miIlion doilars in damage, which exceeds the value of the house. The garage is ihe first registered automobile garage in Saint Paul, vintage 1910. The Summit FIill A ssociation informed Mr. and Mrs. Ellingson that the garage could not come dawn, it would have to be rcpaired and returned to its original 1910 vinta�e state. After the damage to the carport, the garage sustained additional damage as a resuit of conskuorion. The garage has a sewer and water line running to it, an oil pit in St, and a complete foundation. The xecommmdation was when the gaza�e is taken down, the foundation would have be removed, and the sewer and water lines wauld have to be capped. The properiy cannot accommodate any heavy machinery or equipment until the basement is stabiLized. Stabilization will cost three to four hundred thousand dollars. Ramsey Couniy devalued the property from approximately five hundred thousand dollars to twa hundred and.seventy thousand dollars. In response to Crerry Strathman's ques�on about the resuit of the irial, Mr. Ellingson responded they won. The after trial motions are to be heazd on January 4, Zd00. They have retained an agpellant attomey for appeals court. Mauxeen Blfingson, owner, appeared and stated heavy mac]unery cannot come up azound tke house, and there is no way to takc down the garage withoert having heavy machinexy up next to ihe house. T'he house is still sustaining damage due to cold weather conditions. The foundation cannot be �ixed until the law suit is settled, and it will be three to s'vz months before axty money is received. ,,Jj1L-24-2091 09�32 City of Saint Paul 651 266 8574 P.04i11 �l``�a-�J MINLTI'ES OF Ti3E LEGISLATIVE HEARING 12-19-2000 Page 3 Mr• Ellingson stated the city has not received any prior complaints abaut the property. There now has been aumerous compiaints against the property, which has coincided with 2ega1 hearings about the contractorissues ofthe house, Ms. RT1�son stared the Ievel of the lot is off of Oakland, and there is no way to ]ift a piece of machinery on the pmperty. When soil boring was doae around the house, it caused damage with the s�nall machine that was brought in. It is important ta try to resolve this issue with the courts, and try to get done before Spring, because the thaw will cause more damage to the foundation_ Paula Seeley appeared and stated a complaint was received in July. The garage is dilapidated. The concetn is a heavy snow load and the ioof of the gazage collapsing. The garage is adjo"vung another property and if someone was there they could get hurt. AIso, it is an attcactive nuisance. Mr. Ellingson stated the back roof of the garage is open to air sa excessive snow does not accumulate, and the roof is pitched severely. T'he gardge is not being used to store cars, but there aze architectural items, a snow blower, and bikes in the garage. In respanse to Mr. Strathman's question about the secvrity of the garage, Mr. Ellingsan responded the garage has bazn doors, one door does not open, and the other has a latch on it with a padlock. In response to Mr. Strathman's quesrion if the only danger is the roof colIapcino, Ms. Seeley responded there is siding camung off a(so. She would like a demolition pemut obtained. The permit will last 180 days. Mr. Strathinan asked if the garage is a historic stnichue? Ms. Seeley contacted Amy Spawn, head of Heritage Preservation Commission, and was told the shucture could come down. Mr. Strathman stated his concern is if someone were to be injured 'zn the building, there coutd be a claim that the City was negligent in letting the structure remain. Mr. ElIingson stated he beliaves within the next six months the issues are goin� to be resolved thiough the appellant process. Gerry Sirathman recommended granting fhe appeal with the following condition: 1) a demalition pezmit is obtained 2) remove the garage within 180 days. The meeting was adjoumed at 10:40 a.m. sjw JUL-24-2091 09�33 City of Saint Paul 651 266 8574 P.09i11 I I� January 3, 2001, City Council Action Mlnutes PiTBI.IC HEARINGS (pnblic hearings will begin at 5:30 p.m.) 28. Third Reading - 00-1172 - An ordinance to provide far the assessment and collection of fees for excessive poiice and nuisance enforcement sexvices. Substitate intraduced and Isid over to Janaary 10 for £�nal adoption Yeas - 6 Nays - 0 Page b 29. Third Reading - 00-1189 - An ordinance providing for the collection of refuse and the assessment and collection of service oharges for such services. Laid aver to January 10 for Tinal adopHon (To be withdrawn on January 10) 30. R�solution - �0=I203 - Approving a single family housing pxogram to be financed by the issuauce of single family mot'tgage revenue honds and mortgage credit eertifieates. (Laid over fiarn December 27 far public hearing) AdnpYed Xeas - b Nays - 0 31. Resolution - 01-12 - Ordering the owner to remove or repair the building at 783 Fuller Avenue within fifteen (15) days from adoption ofresalurion. (Legisiative I3earing Of�icer recommends appraval) Adopted Yeas - 6 Nays - 0 32. Resolution - O1-13 - Ocdering the owner to remove ar repair the building at 508 Sherburne Avenue within fifteen (15) days from adoptian of resolutiaa. (Legislative Hearing Qt'ficer recommends Iaying over to the January 16, 2001, Legistative Hearing and to the February 7, 2001, City Council Meeting, with the conditian that �n inter4or inspecfion of the building, conducted by City personnel, is completed by January 16, 2001. Laid over to February 7(per recommendakion of tlte I,egisiative Hearing Officer) Yeas - 6 Nays - 0 � Summary abatement appeai for 574 Summit Avenue. {Legrslative Hearing � Offxcer recommends apgroval with the oondition that a demolii�'ton permit is obtained and the structure is removed within 180 days Appeal granted with aondition {per recommendation of the Legislarive Hearing Officer) Yeas - 6 Nays - 0 � CITY OF SAINT PAUL Norm Coleman, Mayar December 5, 2000 Ms. Maureen Ellingson 574 Summit Avenue Saint Paul, MN 55102 Dear Ms. Eilingson: CITTZEN SERVICE OFFICE Fred Owusu, City Clerk ol-ga5 170 Ciry Hall Tel.: 657-266-8989 ISWKeZIaggBoulevard Fax: 651d66-8689 SaixtPaul, �mresota 55702 Web: http://www.stpauLgov On Tuesday, December 19, 2000 at 10:00 A.M. in Room 330 on the 3rd floor of City Hall the Legislative Hearing Officer will consider your appeal of the Summary Abatement Order regarding 574 Summit Avenue. At this time the Hearing Officer will hear ali parties relative to this action and make a final decision on this matter. If you have any questions, piease feel free to call me at 651-266- 8686. I am aiso retuming your check for $25.00, it is not required for an Abatement Appeal. Sincerely, � / � , / _ 1e e � _— � �. � _..- t F �- �.�.� Enc. c.c. Paula Seeley, Inspector Dick Lippert, Property Code Enforcement Gerry Strathman, Legislative Hearing Officer f:,��,�.�� UFC-01-2000 08�36 CITIZE77V SERVICE OFFICE � 612 266 8689 P.�03 R�c�rv�a � " APPLICATION FOR AI'PEAL �� 4 2000 ° � -g `� Pmperty Code Enfflrcement Leglslative Hearing . -��.�� 17� CityHall . LERK Saint Paul. MN 5�142 Telephone: (651) 266-8889 1. Addrn of pmpe�' being Appealed: 2. Number of UwPil� Linits: � S7�t ��,� �+�R. _ �_ - ' 3. Date oF Letter Appeaied: 11� 2.8 �fJ 4, Name of Qwner: Address:s�l� �arvrm�� 14V�. City: ( State:.�}l. ZiPCode:.$5�102 PhoneN . Svsiness b51-`ll`t -1�5�1 Residenca 1 o`ol-Z.. 2 2' ��`�3 Signa 5. Name of Appeltant / Appiicant {if other than ownerj: Address: City. State: Zip Code: Phone Number: Basiness Residence Signature: 6. State speciflcally what is 6eing appeated and w (CJse an a chrnsnt if necessary): �'2sr��C'o�'.=. Ca�nno�"' nr.�oV'e.��e- �o�,C�p�,'��. 1-fl : � � ' + r� � a iZ �!E � ��' ��iy i 5 �x,� _ _.a ��v,�,�� . W i �� ctl��t (��1�1.1 �hi S �12. �o COhlt �l,)t� � � r iS � � , . � � NOTE; .4 525.00 filing fee made payable to the Ciry of Saint Paul must accompany this appIicatinn as a IIEC essary aondilian for flHng. You must at�ch a copy of the original ordess and any ntteer corre5panctence relatfve to t,his apgeaL Any peison unsatisfied by the flnal deasinn of the City Council may abtain)udidai review by timely 8iing of an action as provided 6y Saw in Dis�ict Court. For Of&ca Use Octly Date Received: �'ep Received; R��nt Nurnher �a-y-oc� �5aa� � ••,,•• " - TOTAL. P.03 SAIN2 PAUL � AAAA CITY OF SAINT PAUL CITIZEN SERVICE OFFICE DIVISION OF CODE ENFORCEMENT Room 190, City HaII 15 W. Kellogg Boulevard Saint Paul� MN 55102 SUMMQRY ABATEMENT ORDER . . �• , '' _-_ ,� � ,�� . � DI-�`� As owner or person(s) responsible for. S 1 T � "Q" — you are hereby ordered to eliminate all nuisance conditions which are in vioiation of Chapter 45 of Saint Paut Legisla 've Code: Remove improperty stored or accumutated refuse inciuding: gar6age, ru66ish, discarded furniture, appliances� vehicle parts, scrap wood and metal, recycling materials, household items, buiiding materials or rubble, tires, brush, etc., from yazd areas. �� L^ o-�.+-a1G � , �..r�,- .�--+�- il i�` �-w"°��, w '� �i� °? �' � � 1� I/ • i �- � . � Cut and remove tall grass, weeds and rank plant growth. ��o.�S � S�'�--c Y"' � Remove and properly dispose af all animal feces from yard areas. IMMEDIATELY secure aIl buildings which are apen to unauthorized entry, including: If yau do not correct the nuisance or fite an appeal before � Z �� S � . the City will correcY the nuisance and charge all costs, including hoarding costs, against the property as a speciai assessment to be coflected in the same way as property taxes. Charqes: If the City corrects the nuisance, the charges wili include the cost of correction, inspection, travei time, equipment, etc. The rate will 6e approzimately 5225.00 per hour plus expenses for abatemen[. You must maintain the premises in a clean condition and provide proper and adequate refuse storage at all times lssued by: �� If you have any \ Badge Number. J �O Phone Numbef (651) � �" � ' � 9 � � this order, the requirements o the deadline, you should contact the Inspector 1-2-�'t� Inspecfio Dat ��' -� Date Maifed Appeals: You may appeal this order and obtain a hearing before the City Councii by filing a written request with the City Cierk hefore the appeal deadline noted a6ove or seven f7) days after the date mailed, whichever comes first No appeals may be filed after that date. Yau may obtain an application from the City Clerk's Office, Room 170, City Hail, St Paul, MN 55�02. The telephone number is (651) 266-8989.. You must su6mit a copY ot this Summary Abatement Order with your application. `�� .�;.�:�� ..a:��`;�:c _ - -' - __..1.�^�..� '_ .:. . ......_ - -- „_.. ;.�..;. _.: - �yv,< M-�i� . : _ - _ '�' . , , ' �```i � City of Saint Paul Citizen Service Office Division of Code Enforcement (651)266-8440 .�. - NOTICE 1/18/00 - � K THE FOLLOWING IS A LIST OF THE CURRENT CHARGES FOR VARIOUS ABATEMENT SERVICES/FEES: $225.00 - per hour labor cha be (subjett to minimum charge) ADDITIONAL CHARGES MAY INCLUDE: . $30.00 - standard household appliance /$40.00 commercial disposal $10.00 - battery disposal $10.00 - tire disposal (auto) /$15.00 large tire disposal $10.00 - mattress disposal $40.00 - per hour dump truck charge $40.00 per hour roll off truck (dumpster) charge i�_� ..- � - ., .: -- �- . - , �,� < - - $30.00 ; per hour flail charge �' � $140.00„-�per hour snow removal $140.00 grass/weed cutting .: ,. TffiS LIST DOES NOT INCLUDE AT � -': TO ALL SUMMARY ABATEMENTS _ -,i3`>- - ' _ _- " - ' e-r#'"� _. � . _ " y x rG. _ � "<Ert"� .. r . � Y _ __ �'r.;y.a'�-�.. :.TQ.'._ ' ' . Yti.l��g.� . . ?_ ' ,p, n :.e.y r. . =2 ,� �r y�' �� •"'��.':: ` �'.,i - " _ _ ; s�`,.:.:: '; �,�:r - . ' ' ° �;��i:.." ' _ i, �� :. ., ,. , - - .,; ' . _ � -.. �'��^..>,.� - -a;, - , " ��', .. . . . . " . . . - `'�< ; �: -�� `:�� -� ` � ^,�-�'"'' � - � �_ . � - � � _� - tiQ. )ITIONAL ADMIlVISTRATIVE FEES ADDED 3:":' � �� NL{tL� ' - . - � �r ,^ _ ' ' � _ � . ' . y ..��ia � , i , � �4t. :. -. . _ . <y . - 1 . �� :. .. _... ' � � . . .. .. :.'''=.�v�.'�.'3�� V.'>,.. � , � PROF CDNSULT. 4404253 P.01 � . i • :43 UTTC6 �hB�ADA ROAD SU�1'S 180 SAINT TAllL MlHiiv.50TA»i . TP4 6b1-i PAX: E31J90•9363 . : l t � . ` �ROSESSIVI'tAL ENGTNE+I..�NC COH5ULT.1,�'TS ��t�pgvORtiqD JulY 7 2Q00 Mr. SockY Elling9on 574 Summit Avenue St. Baul, Minnesota 55101 Subj= Detached �ara$R 574 Sum�it Avenue St. Paul, Mi,nne.sota Dear kIr• El7ings�an: D! � �� This letter c.onaernx our telephone conversation of earlier today. You had indicated to us that a representr�tive from the City Buildin� Inspection Departmr_nt or Fzre Depart,ment had spokea Wzth you regarding the removal af the exi.st�.ng detached garage behind ppur home at 57d Summit Avenue. This lettrr wi11 serve ta document pre$ent conditions at t;he pr.nperty. please recall that constriacti.on activities commeneed for a new houae imme�3iately weat af your }�ome on 3ummzt Avenue. Duri.ng the initial stagea oF that work, therP *+++s a doa�amented undermining of the foundation for your Fortica an�l documentad movem�nt of the poctico as a resutt of r,he canatr��etion act,ivitiea next door. The �aovement of the partic:o waa wcco�upanied by certain movement and distress of the maAn ho��4r.• Ouz' €irm performed investigative work and also deei.gned and svpervised the placement of temporary shoring for the portico at pour property. Subseq�aent},y, the portico has been re:stored. However, the �orrPati.vP work for the structvre haa not 3*et commenced, and the entira pr.oblem is prespntlY an J.itigation. The `' Gity of Sal.nt Paul Structux'al �t�ginee� and the Saint Paul Eui.lding IRSpection Depart.m�nt arP both wpll aware of t}xe on—going prabtems with this strueti�re zind rhP construction nexY, door. ThP court has aZFeady issued certaln osders negardzng constructian Ahoxing activities at thia propPT'+=:+. +� � PROF. ENGR� CON �ULT. 4909265 P.02 D �l$a� PagP Two It was a�ar understand�n$ that ths contra�tor who installed the temporary shori»& at the portzca also contracted with you to demoli.sh and remove tlte vld ;arage. HowevPr, we advised you t.hat no other demol3tinn or hpnvp equigment. 1:raff�c could occur on Your propertY until the correntivP work on the house taok P7��- Further,- after the conY.sactcsr was aPPrised o£ the sitiiatian wit.h yvur hovse, he also i�tPOrmPd gou that. hr ooi�tc3 not gr.oceed w'sth anp ctemolition until. the house Brructural prohlems K6Tp' reso7ved and coxrect,ive waek thrre had commenced. We are well a�+ar�- of the rliarepair oY the starage at i;his time. We 1i'aexise adviae you that no one sh7ald uea the garage and v�u should kaep it lncked at all times3 untit it 7S demolished. However> it is our opinzon that the structurP will not co].lapFe except Yrom � v�olent wind storm or a haavy sn�h'fall. In these Snstances, the z-oof gtructure co�ild coilapse into t.he interior v£ �.he atnictitre� but that would t�e nbout the extent oP collaPse. We rem3nd you i.hxt the hou�p atrvcture has be�n in an acti.ve movtlnent Cond2tion for i'.h2 pa3t many montha. Heavy eqttipment trafEic next tn #t prior to repair wauld not bQ ad�isab]e. Rtrspect £�el l y, Pro£esRtonal EnglnPer <•ntxnvltants. Inc- a..�--�--�� / 4 ��r- � a Hrian F.. Dotfxe, P•8. President