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01-901ORIGINAL Council File # 01-. 901 Green Sheet # O �� Lil Presented By Referred To Committee: Date 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WIIEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair ar wrecking and removal of a two-story, wood frame, dwelling and metal utility shed located on properry hereinafter referred to as the "Subject Property" and commonly known as 633 Randolph Avenue. This property is legally described as follows, to wit: Lot 24, Block 31, Thomas Daly's Subdivision of Blocks No. 18 & 31 in Stinson, Brown & Ramsey's Add. To Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before Apri127, 2001, the following are the now Imown interested or responsible parties for the Subject Property: VA Secretary of Veterans Affairs, 1 Federal Drive, Fort Snelling, MN 55111, Attn: Joe Varpness; Bonnie Anderson, 633 Randolph Avenue, St. Paul, MN 55102; Gordon J. Anderson, 633 Randolph Avenue, St. Paul, MN 55102; Robert W. Jones D.D.S, 111 East Kellogg Blvd., Ste. 205, St. Paul, MN 55101 WHEREAS, Division of Code Enfarcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order idenrified as an"Order to Abate Nuisance Building(s)" dated June 12 2001; and WHEREAS, this order informed the then l�own interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by July 12 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and �� 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 o�-qe� �� REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City o unci on uesday, August 7, 2001 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendarion to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this struclure in accordance with ali applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 22, 2001 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testunony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Properry at 633 Randolph Avenue: 1. 2. 3. Q .Q 7 � That the Subject Properiy comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subj ect Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, VacantJNuisance Buildings. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ••� The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Buiiding(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the shucture must be completed within fifteen (15) days after the date of the Council Hearing. ORIGINAI_. 2 4 5 6 7 8 9 10 11 12 o�.g�� 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed fi�om the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date � a o� Adoption Certified by Council Secretary � Approved by Mayor: Date _Ca�"T 2QJ� / By: _ 7 J�:-I//6 F��i.(�(/� � Requested by Department of: Citizen Service Office; Code Enforcement By���w(, ��h�"",.""s"` ,�e�.-�. Form Approved by City Attorney -By: � Approved by Mayor for Submission to Council BY; � /��' / v�— o �_ �o� � Division of Code Enforcement 266-8439 2��1 � 07/13/Ol AOSION NUMBERFOR ROUTINO ORDER TOTAL # OF SIGNATURE PAGES GREEN SHEET DlMRTMFM No 10�;3��4 ���� I�I I CRY�TfORNkY M ' _ _ ❑ �CL[RI( _ 4�• ❑ ifL1Nd4LiERVICEYp0. ❑ iR111NCKLi6RV/ACCTC �IMYOR�OR�fWTMl1) ❑ (CLIP ALL LOCA IO�R SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 633 Randolph Avenne. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMIBSION Hea ihis perso�rm ever wurked uMer e contract far thie depaMmenl? , VES NO Hea ihis peieonlfirm ever been e cily employea9 YES NO Dces this pereoMrm poseeae s eldll not normelryposeeseetl by any curreM cily employee7 YES NO Is lhia peraonlfirtn e terpetetl vendoR � VE3 NO �ryRj�g�{����Qg�;����qq2plxY�)`^'d�"�L'i'i�ied in Chapter 45 and a vacant building as defined in Chapter 43 � the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enfarcement Officer were given an order to repair or remove the building at 633 Randolph Avenue by July 12, 2001, and have failed to comply with those orders. °�`� The City will eliminate a nuisance. The City�wiil spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. I:1 will remain unabated in the City. This building(s) will continue to blight the community. AMOUNT OF TRANSACTION \ . . 1 • � 1 • � � . ' U ' �dcrwiw> CO5T/REVENUEBUDfiETED�CIRCLEONE) � � NO ACTNITYNUMBER 33261 Cour�c� F���arrh �:�ntar i ', k II 01-�°le� REPORT Date: August 7, 2001 Time: 10:00 a.m. Place: Room 330 City Aall 15 West Kellogg Boulevazd LEGTSLATIVE HEARING Gerry Strathman Legislarive Hearing Officer Laid over summary abatement: J0104AA Properiy cleanup at 1075 Portland Avenue. (Laid over from 7-24-01) Legislative Hearing Officer recommends deleting the assessment. 2. Laid over summary abatements: J0103CC Demolifion of building at 381 University Avenue West, Demolition of building at 387 University Avenue West. 381 University Avenue West Legislative Hearing Officer recommends approval of the assessment. 387 UniversitY Avenue West Legislative Heariug Officer recommends approval of the assessment. 3. Resolution ordering the owner to remove or repair the properry at 393 Sidney Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends laying over to the September 4, 2001, Legislative Hearing. 4. Resolution ordering the owner to remove or repair the properiy at 633 Randolph Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. MINUTES OF LEGISLATIVE HEARING � �`q�\ Tuesday, August 7, 2001 Room 330, City Hall Gerry Strathman, Legislative Aearing Officer STAFF PRESENT: Jason Broberg, Code Enforcement; Steve Magner, Code Enforcement The meeting was called to order at 10:00 a.m. Laid over summary abatement: J0104AA Property cleanup at 1075 Portland Avenue. (Laid over from 7-24-01) The following appeazed: Phyllis Brown, daughter of deceased owners, 1149 Laurel Avenue, and Ruth Jones, daughter of deceased owners, 1075 Portland Avenue. Ms. Brown stated that her mother passed away Mazch 20, and her father passed away Apri19. Her parents lived at 1075 Portland for many years, and took care of their own personal business matters. Her mother was in a hospice. Her father had lung cancer surgery and had been sick during the tixne of this cleanup. Ms. Brown found out about this assessment when she was going through a lot of their paperwork. She was aware that her father had a lot of excess items on the deck outside the kitchen door. The only thing she is aware of in the back of the garage was the car which she in tum towed. The family has been preoccupied with the parents' dying process and was not awaze of the assessment. They haue had three estate sales on May 4, 5, 19, and three gazage sales on June 22, 23, 24. The family has paid property taxes on time, paid lots of miscellaneous outstanding bills, and are still paying burial expenses. Ms. Brown is protesting the $306. She is not aware of what was actually hauled away by the Ciry. She has been hauling lots of items that have accumulated through her parents 54 years of marriage in that home. (A videotape was shown.) Mr. Strathman stated it looks like the City removed wood, debris, and picked up the garbage. Ms. Jones stated they found the nofice by accident. She did not find the listed items outside. Ms. Brown stated she talked to 7ohn Betz (Code Enforcement) and he said the items were hauled on March 27. Her motl�er was buried on Mazch 26. The family was besieged with more important matters at the time of this assessment. Gerry Strathxnan deleted the assessment. It is clear nofice was sent and that the City did the work. A few weeks before the owners were to both die, there is a serious questlon as to if they were in a position to recognize the significance of these notices and deal with them effectively. As an act of understanding, the assessment should be deleted. Laid over summary abatements: J0103CC Demolition of building at 381 University Avenue West, Demolition of building at 387 University Avenue West. O�—q,e� LEGISLATIVE HEARING MINUTES FOR AUC�UST 7, 2001 Page 2 381 University Avenue West Steve Magner reported the building has two addresses on the front of it: 381 and 383 University aze one building and 385 and 387 University aze the other building. In Mazch 2001, there was a fire that originated at 385 I3niversity. It engulfed that building and spread to the neighboring building of 381 and 383 University. There was a large Eller Media sigp on the roof of tlte building. The sign started to collapse. The Fire Department requested a contractor puil the sign down and remove some of the debris so they could put out the fire. (Mr. Magner showed a photograph of the building with the sign startiug to collapse.) Mr. Magner stated he went to the site at 430 p.m. The Fire Department ordered the building razed at the time of the fire. The demolition was completed the next day, and the cost of the demolition was split between the two properties with the cost of the crane and more rubble at 387 University. There was quite a bit of rubble left on 385 that had to be demolished. That is how the contractor split the bill. Choua Yang, 790 Tuscarara Avenue, and Long Her, 381 University Avenue West, appeared. Ms. Yang stated they bring business to the University area, pay taxes, and improved the area. They plan on rebuilding there. This assessment is causing them financial hardship. Mr. Strathman stated he understands this is a lot of money. It was ardered by the Fire Department and is clearly a public nuisance. All the City is doing is recovering the money paid to the contractor to remove the building. There is no profit in this for the City. Steve Magner stated tus office has been in contact with the insurance company for 385 and 387 University Avenue. They are making attempts to pay the assessment for that properry. Mr. Magner's recommendation is that the owner pursues this with the insurance company. Primarily, the insurance company will accept this as part of the loss, pay it as a bill, and they may go after the insurance company of the other property for reimbursement. Mr. Magner asked what did the insurance company say about this. Ms. Yang responded they l�ave not heard back. Gerry Strathman recommends approval of the assessment. 387 University Avenue West (No one appeared to represent the property.) Gerry Strathman recommends approval of the assessment. 01-�0� LEGISLATIVE FIEt1RING MIN[ JTE5 FOR AUGUST 7, 2001 Page 3 Resolufion ordering the owner to remove or repair the properly at 393 Sidney Street East. If the owner faiLs to comply, Code Enforcement is ordered to remove the building. Steve Magner reported this properiy was condemned in 3anuary 2000. It has been vacant since 2-16-00. The curtent owner is Claudia Tendrup. There have been five stunmary abatement notices issued to remove refuse, secure gazage and house, cut tall grass, remove large tree limb and firewood. On 6-6-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on 6-13-01 with a compliance date of 7-13-01. The properry remains in a condition which comprises a nuisance as defined by the legislarive code. Vacant building fees aze due. Real estate taYes are unpaid of $2,970.27. Esfimated market value is $72,700; estixnated cost to repair, $80,000; estimated cost to demolish, $8,000 to $9,000. As of today, a code compliance inspection has not been applied for and a bond has not been posted. Mr. Magner stated there have been numerous phone calls, e-mails, letters from neighbors that would like the City to take action on this properry. Mr. Magner and another inspector met with a representative from Lutheran Social Services to go over the building again. A party from a neighborhood group was there. Mr. Magner was okay going through the building, but the inspector became ill because of the ea�tensive mold growth in the property. Humid weather like today, asthma, and breathing conditions can make it difficult to handle being in the house. George F. Borex, Sweeney, Barer & Sweeney, representing Lutheran Social Services, appeared and stated Lutheran Social Services was appointed a year ago as Ms. Tendnxp's conservator with the direction to take all reasonable efforts to rehun her to her home. Record keeping consisted of garbage bags of decades worth of bills, inveshnents, etc., all of which have not been fully sorted out. In some of the bags in the house, probiems date back to the early 1990's. Also, the house is titled in Ms. Tendrup's father's name. His estate was probated several years ago and the house was overlooked at that time; therefore, the house was not formally passed from the estate into Ms. Tendrup's nune. She has no finances to return home, has no finances for a bond, and has no assets. A physician has indicated she will not be returning to her home. Yesterday, the home was shown to three people, and one person indicated an offer would be submitted this week. A neighbor also indicated they will present a purchase. Lutheran Social Services has listed the property with a Realtor who indicated he has a buyer who wants to present an offer. Any offer has to cover the back ta�ces, assessment, eta There are two petifions which aze needed to sell the properiy: 1) Reopen the estaxe. A hearing has been scheduled with no objections, 2) Probate court has to order the seli. There is enough evidence that Ms. Tendrup will not return home. Mr. Borer stated he understands this property is a nuisance to the City, and he will attempt to sell it as soon as possible. Mr. Magner stated the building is a nuisance and there ate health issues, but he believes the building can be rehabilitated. The issue will resolve azound the cost of purchasing it and whether they can put the numbers together. He asked was there another issue. Mr. Borer responded the buyer will have to pay the assessment plus the court requires two appraisals, wiuch will be $600. There will not be any fees to Lutheran Social Services nor attorney fees. 01-9a� LEGISLATIVE HEARiNG MINi.JTES FOR AUGUST 7, 2001 Page 4 Mr. Magner stated Lutheran Social Services is not looking to make money on ttris. There have been previous inquiries from some neighborhood groups. The neighbors ultnnate concern is that the house be rehabilitated, not necessarily abated or removed. Mr. Strathman asked for a time frame. If the offers do not meet the cost to get rid of the property, zesponded Mr. Borer, he does not anticipate bringing the legal motions, other than a petition to abandon. Assuuvng an offer comes in, a month is all it would take. There is no mortgage on the properry. T`he owner is not on medical assistance; therefore, there is no medical assistauce lien. The title is cleaz other than the probate issue. Gerry Strathruan recommends laying over to the September 4, 2001, Legislafive Hearing. At that time, if there is no bona fide sale that has taken place or in process, he will recommend remove or repair. Mr. Borer responded that is more than fair. Resolufion ordering the owner to remove or repair the property at 633 Randolph Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Photographs were presented) (No one appeared to represent the properiy.) Steve Magner stated this property was condemned July 2000. It has been vacant since 8-7-00. The current owner is the Secretary of Veterans Affairs per Ramsey County records, but a Gordon Anderson is representing himself as the owner. One suumiary abatement notice was issued to remove au inoperable vehicle. On 5-30-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were talcen. An arder to abate a nuisance building was issued on 6-12-01 with a compliance date of 7-12-01. The property remains in a condition which comprises a nuisance as defined by the legislafive code. The vacant building fees aze paid by Mr. Anderson. Estimated market value, $65,90Q; estimated repairs, $50,000; estimated cost to demolish, $7,000 to $8,000. There there is an issue of possible allegal occupancy with the property. Gerry Strathman asked was there any communication from the Secretary of Veteran Affairs. Mr. Magner responded there has been no response from them. Mr. Strathxnan stated a Bonnie Anderson is listed as having "equitable tiUe." He asked what that means. A Jason Broberg responded there is a contract for deed in the interim period before the contract is satisfied. Mr. Stratluuau asked for the relationship between Bonnie Anderson and Gordon Anderson. Mr. Magner responded he does not know. The first floor is packed to appro�mately four feet off the ground. The second floor has a lazge accumulation. Mr. Anderson is a collector and a recluse. Mr. Strathman asked how the VA (Secretary of Veterans Affairs) became the owner. Mr. Broberg responded the VA is the contractor. They sold Bonnie Anderson the properiy on a LEGISLATIVE HEARING MINIJTES FOR AUGUST 7, 2001 c�-�� Page 5 contract for deed. Ivfr. Magner stated the house was originally sold to an individual on a VA loan. That individual foreclosed on it by the VA. Gerry Strathman recommends approval. The meeting was adjourned at 10:38 a.m. rrn CSTIZE� I SERV ICE OfFICE Fred Owutu, Ciry Cterk DIVISION OF PROPERTY CODE ENFORCEMENI' D, —� O, Michael R Morehead, Progr¢m Manager CTTY OF SAQVT PAUL Nornc Colemars, Mayar 7uly 13, 2001 Nuisance Bui(dirtg Code Ertforcemert! ISK`.Ket(oggBlvd. Te[: 651-2668440 Sainf Paul, MN 55102 Fax: 651-2668426 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 633 Randolph Avenue The City Council has scheduled tTie date of these hearings as follows: Legislative Hearing - Tnesday, August 7, 2001 City Council Hearing - Wednesday, August 22, 2001 The owners and responsible parties of record are: Name and Last Known Address VA Secretary of Veterans Affairs 1 Federal Drive Fort Sneiling, MN 55111 Attn: Joe Varpness Bonnie Anderson 633 Randolph Avenue St. Paul, MN 55102 Gordon 7. Anderson 633 Randolph Avenue St. Pau1, MN 55102 Robert W. 7ones D.D.S 111 East Keliogg Blvd., Ste. 205 St. Paul, MN 55101 Interest Fee Owner Equitable Title Occupant 3udgxnent Creditor 633 Randolph Avenue July 13, 2001 Page 2 The legal description of this property is: o�_qo� Lot 24, Block 31, Thomas Daly's Subdivision ofBlocks No. 18 & 31 in Stinson, Brown & Ramsey's Add. To Saint Paul. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defaned by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then lrnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against ihe real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �teve �a��er Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph ORIGINAL Council File # 01-. 901 Green Sheet # O �� Lil Presented By Referred To Committee: Date 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WIIEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair ar wrecking and removal of a two-story, wood frame, dwelling and metal utility shed located on properry hereinafter referred to as the "Subject Property" and commonly known as 633 Randolph Avenue. This property is legally described as follows, to wit: Lot 24, Block 31, Thomas Daly's Subdivision of Blocks No. 18 & 31 in Stinson, Brown & Ramsey's Add. To Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before Apri127, 2001, the following are the now Imown interested or responsible parties for the Subject Property: VA Secretary of Veterans Affairs, 1 Federal Drive, Fort Snelling, MN 55111, Attn: Joe Varpness; Bonnie Anderson, 633 Randolph Avenue, St. Paul, MN 55102; Gordon J. Anderson, 633 Randolph Avenue, St. Paul, MN 55102; Robert W. Jones D.D.S, 111 East Kellogg Blvd., Ste. 205, St. Paul, MN 55101 WHEREAS, Division of Code Enfarcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order idenrified as an"Order to Abate Nuisance Building(s)" dated June 12 2001; and WHEREAS, this order informed the then l�own interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by July 12 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and �� 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 o�-qe� �� REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City o unci on uesday, August 7, 2001 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendarion to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this struclure in accordance with ali applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 22, 2001 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testunony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Properry at 633 Randolph Avenue: 1. 2. 3. Q .Q 7 � That the Subject Properiy comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subj ect Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, VacantJNuisance Buildings. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ••� The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Buiiding(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the shucture must be completed within fifteen (15) days after the date of the Council Hearing. ORIGINAI_. 2 4 5 6 7 8 9 10 11 12 o�.g�� 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed fi�om the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date � a o� Adoption Certified by Council Secretary � Approved by Mayor: Date _Ca�"T 2QJ� / By: _ 7 J�:-I//6 F��i.(�(/� � Requested by Department of: Citizen Service Office; Code Enforcement By���w(, ��h�"",.""s"` ,�e�.-�. Form Approved by City Attorney -By: � Approved by Mayor for Submission to Council BY; � /��' / v�— o �_ �o� � Division of Code Enforcement 266-8439 2��1 � 07/13/Ol AOSION NUMBERFOR ROUTINO ORDER TOTAL # OF SIGNATURE PAGES GREEN SHEET DlMRTMFM No 10�;3��4 ���� I�I I CRY�TfORNkY M ' _ _ ❑ �CL[RI( _ 4�• ❑ ifL1Nd4LiERVICEYp0. ❑ iR111NCKLi6RV/ACCTC �IMYOR�OR�fWTMl1) ❑ (CLIP ALL LOCA IO�R SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 633 Randolph Avenne. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMIBSION Hea ihis perso�rm ever wurked uMer e contract far thie depaMmenl? , VES NO Hea ihis peieonlfirm ever been e cily employea9 YES NO Dces this pereoMrm poseeae s eldll not normelryposeeseetl by any curreM cily employee7 YES NO Is lhia peraonlfirtn e terpetetl vendoR � VE3 NO �ryRj�g�{����Qg�;����qq2plxY�)`^'d�"�L'i'i�ied in Chapter 45 and a vacant building as defined in Chapter 43 � the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enfarcement Officer were given an order to repair or remove the building at 633 Randolph Avenue by July 12, 2001, and have failed to comply with those orders. °�`� The City will eliminate a nuisance. The City�wiil spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. I:1 will remain unabated in the City. This building(s) will continue to blight the community. AMOUNT OF TRANSACTION \ . . 1 • � 1 • � � . ' U ' �dcrwiw> CO5T/REVENUEBUDfiETED�CIRCLEONE) � � NO ACTNITYNUMBER 33261 Cour�c� F���arrh �:�ntar i ', k II 01-�°le� REPORT Date: August 7, 2001 Time: 10:00 a.m. Place: Room 330 City Aall 15 West Kellogg Boulevazd LEGTSLATIVE HEARING Gerry Strathman Legislarive Hearing Officer Laid over summary abatement: J0104AA Properiy cleanup at 1075 Portland Avenue. (Laid over from 7-24-01) Legislative Hearing Officer recommends deleting the assessment. 2. Laid over summary abatements: J0103CC Demolifion of building at 381 University Avenue West, Demolition of building at 387 University Avenue West. 381 University Avenue West Legislative Hearing Officer recommends approval of the assessment. 387 UniversitY Avenue West Legislative Heariug Officer recommends approval of the assessment. 3. Resolution ordering the owner to remove or repair the properry at 393 Sidney Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends laying over to the September 4, 2001, Legislative Hearing. 4. Resolution ordering the owner to remove or repair the properiy at 633 Randolph Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. MINUTES OF LEGISLATIVE HEARING � �`q�\ Tuesday, August 7, 2001 Room 330, City Hall Gerry Strathman, Legislative Aearing Officer STAFF PRESENT: Jason Broberg, Code Enforcement; Steve Magner, Code Enforcement The meeting was called to order at 10:00 a.m. Laid over summary abatement: J0104AA Property cleanup at 1075 Portland Avenue. (Laid over from 7-24-01) The following appeazed: Phyllis Brown, daughter of deceased owners, 1149 Laurel Avenue, and Ruth Jones, daughter of deceased owners, 1075 Portland Avenue. Ms. Brown stated that her mother passed away Mazch 20, and her father passed away Apri19. Her parents lived at 1075 Portland for many years, and took care of their own personal business matters. Her mother was in a hospice. Her father had lung cancer surgery and had been sick during the tixne of this cleanup. Ms. Brown found out about this assessment when she was going through a lot of their paperwork. She was aware that her father had a lot of excess items on the deck outside the kitchen door. The only thing she is aware of in the back of the garage was the car which she in tum towed. The family has been preoccupied with the parents' dying process and was not awaze of the assessment. They haue had three estate sales on May 4, 5, 19, and three gazage sales on June 22, 23, 24. The family has paid property taxes on time, paid lots of miscellaneous outstanding bills, and are still paying burial expenses. Ms. Brown is protesting the $306. She is not aware of what was actually hauled away by the Ciry. She has been hauling lots of items that have accumulated through her parents 54 years of marriage in that home. (A videotape was shown.) Mr. Strathman stated it looks like the City removed wood, debris, and picked up the garbage. Ms. Jones stated they found the nofice by accident. She did not find the listed items outside. Ms. Brown stated she talked to 7ohn Betz (Code Enforcement) and he said the items were hauled on March 27. Her motl�er was buried on Mazch 26. The family was besieged with more important matters at the time of this assessment. Gerry Strathxnan deleted the assessment. It is clear nofice was sent and that the City did the work. A few weeks before the owners were to both die, there is a serious questlon as to if they were in a position to recognize the significance of these notices and deal with them effectively. As an act of understanding, the assessment should be deleted. Laid over summary abatements: J0103CC Demolition of building at 381 University Avenue West, Demolition of building at 387 University Avenue West. O�—q,e� LEGISLATIVE HEARING MINUTES FOR AUC�UST 7, 2001 Page 2 381 University Avenue West Steve Magner reported the building has two addresses on the front of it: 381 and 383 University aze one building and 385 and 387 University aze the other building. In Mazch 2001, there was a fire that originated at 385 I3niversity. It engulfed that building and spread to the neighboring building of 381 and 383 University. There was a large Eller Media sigp on the roof of tlte building. The sign started to collapse. The Fire Department requested a contractor puil the sign down and remove some of the debris so they could put out the fire. (Mr. Magner showed a photograph of the building with the sign startiug to collapse.) Mr. Magner stated he went to the site at 430 p.m. The Fire Department ordered the building razed at the time of the fire. The demolition was completed the next day, and the cost of the demolition was split between the two properties with the cost of the crane and more rubble at 387 University. There was quite a bit of rubble left on 385 that had to be demolished. That is how the contractor split the bill. Choua Yang, 790 Tuscarara Avenue, and Long Her, 381 University Avenue West, appeared. Ms. Yang stated they bring business to the University area, pay taxes, and improved the area. They plan on rebuilding there. This assessment is causing them financial hardship. Mr. Strathman stated he understands this is a lot of money. It was ardered by the Fire Department and is clearly a public nuisance. All the City is doing is recovering the money paid to the contractor to remove the building. There is no profit in this for the City. Steve Magner stated tus office has been in contact with the insurance company for 385 and 387 University Avenue. They are making attempts to pay the assessment for that properry. Mr. Magner's recommendation is that the owner pursues this with the insurance company. Primarily, the insurance company will accept this as part of the loss, pay it as a bill, and they may go after the insurance company of the other property for reimbursement. Mr. Magner asked what did the insurance company say about this. Ms. Yang responded they l�ave not heard back. Gerry Strathman recommends approval of the assessment. 387 University Avenue West (No one appeared to represent the property.) Gerry Strathman recommends approval of the assessment. 01-�0� LEGISLATIVE FIEt1RING MIN[ JTE5 FOR AUGUST 7, 2001 Page 3 Resolufion ordering the owner to remove or repair the properly at 393 Sidney Street East. If the owner faiLs to comply, Code Enforcement is ordered to remove the building. Steve Magner reported this properiy was condemned in 3anuary 2000. It has been vacant since 2-16-00. The curtent owner is Claudia Tendrup. There have been five stunmary abatement notices issued to remove refuse, secure gazage and house, cut tall grass, remove large tree limb and firewood. On 6-6-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on 6-13-01 with a compliance date of 7-13-01. The properry remains in a condition which comprises a nuisance as defined by the legislarive code. Vacant building fees aze due. Real estate taYes are unpaid of $2,970.27. Esfimated market value is $72,700; estixnated cost to repair, $80,000; estimated cost to demolish, $8,000 to $9,000. As of today, a code compliance inspection has not been applied for and a bond has not been posted. Mr. Magner stated there have been numerous phone calls, e-mails, letters from neighbors that would like the City to take action on this properry. Mr. Magner and another inspector met with a representative from Lutheran Social Services to go over the building again. A party from a neighborhood group was there. Mr. Magner was okay going through the building, but the inspector became ill because of the ea�tensive mold growth in the property. Humid weather like today, asthma, and breathing conditions can make it difficult to handle being in the house. George F. Borex, Sweeney, Barer & Sweeney, representing Lutheran Social Services, appeared and stated Lutheran Social Services was appointed a year ago as Ms. Tendnxp's conservator with the direction to take all reasonable efforts to rehun her to her home. Record keeping consisted of garbage bags of decades worth of bills, inveshnents, etc., all of which have not been fully sorted out. In some of the bags in the house, probiems date back to the early 1990's. Also, the house is titled in Ms. Tendrup's father's name. His estate was probated several years ago and the house was overlooked at that time; therefore, the house was not formally passed from the estate into Ms. Tendrup's nune. She has no finances to return home, has no finances for a bond, and has no assets. A physician has indicated she will not be returning to her home. Yesterday, the home was shown to three people, and one person indicated an offer would be submitted this week. A neighbor also indicated they will present a purchase. Lutheran Social Services has listed the property with a Realtor who indicated he has a buyer who wants to present an offer. Any offer has to cover the back ta�ces, assessment, eta There are two petifions which aze needed to sell the properiy: 1) Reopen the estaxe. A hearing has been scheduled with no objections, 2) Probate court has to order the seli. There is enough evidence that Ms. Tendrup will not return home. Mr. Borer stated he understands this property is a nuisance to the City, and he will attempt to sell it as soon as possible. Mr. Magner stated the building is a nuisance and there ate health issues, but he believes the building can be rehabilitated. The issue will resolve azound the cost of purchasing it and whether they can put the numbers together. He asked was there another issue. Mr. Borer responded the buyer will have to pay the assessment plus the court requires two appraisals, wiuch will be $600. There will not be any fees to Lutheran Social Services nor attorney fees. 01-9a� LEGISLATIVE HEARiNG MINi.JTES FOR AUGUST 7, 2001 Page 4 Mr. Magner stated Lutheran Social Services is not looking to make money on ttris. There have been previous inquiries from some neighborhood groups. The neighbors ultnnate concern is that the house be rehabilitated, not necessarily abated or removed. Mr. Strathman asked for a time frame. If the offers do not meet the cost to get rid of the property, zesponded Mr. Borer, he does not anticipate bringing the legal motions, other than a petition to abandon. Assuuvng an offer comes in, a month is all it would take. There is no mortgage on the properry. T`he owner is not on medical assistance; therefore, there is no medical assistauce lien. The title is cleaz other than the probate issue. Gerry Strathruan recommends laying over to the September 4, 2001, Legislafive Hearing. At that time, if there is no bona fide sale that has taken place or in process, he will recommend remove or repair. Mr. Borer responded that is more than fair. Resolufion ordering the owner to remove or repair the property at 633 Randolph Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Photographs were presented) (No one appeared to represent the properiy.) Steve Magner stated this property was condemned July 2000. It has been vacant since 8-7-00. The current owner is the Secretary of Veterans Affairs per Ramsey County records, but a Gordon Anderson is representing himself as the owner. One suumiary abatement notice was issued to remove au inoperable vehicle. On 5-30-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were talcen. An arder to abate a nuisance building was issued on 6-12-01 with a compliance date of 7-12-01. The property remains in a condition which comprises a nuisance as defined by the legislafive code. The vacant building fees aze paid by Mr. Anderson. Estimated market value, $65,90Q; estimated repairs, $50,000; estimated cost to demolish, $7,000 to $8,000. There there is an issue of possible allegal occupancy with the property. Gerry Strathman asked was there any communication from the Secretary of Veteran Affairs. Mr. Magner responded there has been no response from them. Mr. Strathxnan stated a Bonnie Anderson is listed as having "equitable tiUe." He asked what that means. A Jason Broberg responded there is a contract for deed in the interim period before the contract is satisfied. Mr. Stratluuau asked for the relationship between Bonnie Anderson and Gordon Anderson. Mr. Magner responded he does not know. The first floor is packed to appro�mately four feet off the ground. The second floor has a lazge accumulation. Mr. Anderson is a collector and a recluse. Mr. Strathman asked how the VA (Secretary of Veterans Affairs) became the owner. Mr. Broberg responded the VA is the contractor. They sold Bonnie Anderson the properiy on a LEGISLATIVE HEARING MINIJTES FOR AUGUST 7, 2001 c�-�� Page 5 contract for deed. Ivfr. Magner stated the house was originally sold to an individual on a VA loan. That individual foreclosed on it by the VA. Gerry Strathman recommends approval. The meeting was adjourned at 10:38 a.m. rrn CSTIZE� I SERV ICE OfFICE Fred Owutu, Ciry Cterk DIVISION OF PROPERTY CODE ENFORCEMENI' D, —� O, Michael R Morehead, Progr¢m Manager CTTY OF SAQVT PAUL Nornc Colemars, Mayar 7uly 13, 2001 Nuisance Bui(dirtg Code Ertforcemert! ISK`.Ket(oggBlvd. Te[: 651-2668440 Sainf Paul, MN 55102 Fax: 651-2668426 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 633 Randolph Avenue The City Council has scheduled tTie date of these hearings as follows: Legislative Hearing - Tnesday, August 7, 2001 City Council Hearing - Wednesday, August 22, 2001 The owners and responsible parties of record are: Name and Last Known Address VA Secretary of Veterans Affairs 1 Federal Drive Fort Sneiling, MN 55111 Attn: Joe Varpness Bonnie Anderson 633 Randolph Avenue St. Paul, MN 55102 Gordon 7. Anderson 633 Randolph Avenue St. Pau1, MN 55102 Robert W. 7ones D.D.S 111 East Keliogg Blvd., Ste. 205 St. Paul, MN 55101 Interest Fee Owner Equitable Title Occupant 3udgxnent Creditor 633 Randolph Avenue July 13, 2001 Page 2 The legal description of this property is: o�_qo� Lot 24, Block 31, Thomas Daly's Subdivision ofBlocks No. 18 & 31 in Stinson, Brown & Ramsey's Add. To Saint Paul. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defaned by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then lrnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against ihe real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �teve �a��er Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph ORIGINAL Council File # 01-. 901 Green Sheet # O �� Lil Presented By Referred To Committee: Date 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WIIEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair ar wrecking and removal of a two-story, wood frame, dwelling and metal utility shed located on properry hereinafter referred to as the "Subject Property" and commonly known as 633 Randolph Avenue. This property is legally described as follows, to wit: Lot 24, Block 31, Thomas Daly's Subdivision of Blocks No. 18 & 31 in Stinson, Brown & Ramsey's Add. To Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before Apri127, 2001, the following are the now Imown interested or responsible parties for the Subject Property: VA Secretary of Veterans Affairs, 1 Federal Drive, Fort Snelling, MN 55111, Attn: Joe Varpness; Bonnie Anderson, 633 Randolph Avenue, St. Paul, MN 55102; Gordon J. Anderson, 633 Randolph Avenue, St. Paul, MN 55102; Robert W. Jones D.D.S, 111 East Kellogg Blvd., Ste. 205, St. Paul, MN 55101 WHEREAS, Division of Code Enfarcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order idenrified as an"Order to Abate Nuisance Building(s)" dated June 12 2001; and WHEREAS, this order informed the then l�own interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by July 12 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and �� 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 o�-qe� �� REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City o unci on uesday, August 7, 2001 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendarion to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this struclure in accordance with ali applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 22, 2001 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testunony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Properry at 633 Randolph Avenue: 1. 2. 3. Q .Q 7 � That the Subject Properiy comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subj ect Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, VacantJNuisance Buildings. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ••� The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Buiiding(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the shucture must be completed within fifteen (15) days after the date of the Council Hearing. ORIGINAI_. 2 4 5 6 7 8 9 10 11 12 o�.g�� 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed fi�om the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date � a o� Adoption Certified by Council Secretary � Approved by Mayor: Date _Ca�"T 2QJ� / By: _ 7 J�:-I//6 F��i.(�(/� � Requested by Department of: Citizen Service Office; Code Enforcement By���w(, ��h�"",.""s"` ,�e�.-�. Form Approved by City Attorney -By: � Approved by Mayor for Submission to Council BY; � /��' / v�— o �_ �o� � Division of Code Enforcement 266-8439 2��1 � 07/13/Ol AOSION NUMBERFOR ROUTINO ORDER TOTAL # OF SIGNATURE PAGES GREEN SHEET DlMRTMFM No 10�;3��4 ���� I�I I CRY�TfORNkY M ' _ _ ❑ �CL[RI( _ 4�• ❑ ifL1Nd4LiERVICEYp0. ❑ iR111NCKLi6RV/ACCTC �IMYOR�OR�fWTMl1) ❑ (CLIP ALL LOCA IO�R SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 633 Randolph Avenne. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMIBSION Hea ihis perso�rm ever wurked uMer e contract far thie depaMmenl? , VES NO Hea ihis peieonlfirm ever been e cily employea9 YES NO Dces this pereoMrm poseeae s eldll not normelryposeeseetl by any curreM cily employee7 YES NO Is lhia peraonlfirtn e terpetetl vendoR � VE3 NO �ryRj�g�{����Qg�;����qq2plxY�)`^'d�"�L'i'i�ied in Chapter 45 and a vacant building as defined in Chapter 43 � the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enfarcement Officer were given an order to repair or remove the building at 633 Randolph Avenue by July 12, 2001, and have failed to comply with those orders. °�`� The City will eliminate a nuisance. The City�wiil spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. I:1 will remain unabated in the City. This building(s) will continue to blight the community. AMOUNT OF TRANSACTION \ . . 1 • � 1 • � � . ' U ' �dcrwiw> CO5T/REVENUEBUDfiETED�CIRCLEONE) � � NO ACTNITYNUMBER 33261 Cour�c� F���arrh �:�ntar i ', k II 01-�°le� REPORT Date: August 7, 2001 Time: 10:00 a.m. Place: Room 330 City Aall 15 West Kellogg Boulevazd LEGTSLATIVE HEARING Gerry Strathman Legislarive Hearing Officer Laid over summary abatement: J0104AA Properiy cleanup at 1075 Portland Avenue. (Laid over from 7-24-01) Legislative Hearing Officer recommends deleting the assessment. 2. Laid over summary abatements: J0103CC Demolifion of building at 381 University Avenue West, Demolition of building at 387 University Avenue West. 381 University Avenue West Legislative Hearing Officer recommends approval of the assessment. 387 UniversitY Avenue West Legislative Heariug Officer recommends approval of the assessment. 3. Resolution ordering the owner to remove or repair the properry at 393 Sidney Street East. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends laying over to the September 4, 2001, Legislative Hearing. 4. Resolution ordering the owner to remove or repair the properiy at 633 Randolph Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. MINUTES OF LEGISLATIVE HEARING � �`q�\ Tuesday, August 7, 2001 Room 330, City Hall Gerry Strathman, Legislative Aearing Officer STAFF PRESENT: Jason Broberg, Code Enforcement; Steve Magner, Code Enforcement The meeting was called to order at 10:00 a.m. Laid over summary abatement: J0104AA Property cleanup at 1075 Portland Avenue. (Laid over from 7-24-01) The following appeazed: Phyllis Brown, daughter of deceased owners, 1149 Laurel Avenue, and Ruth Jones, daughter of deceased owners, 1075 Portland Avenue. Ms. Brown stated that her mother passed away Mazch 20, and her father passed away Apri19. Her parents lived at 1075 Portland for many years, and took care of their own personal business matters. Her mother was in a hospice. Her father had lung cancer surgery and had been sick during the tixne of this cleanup. Ms. Brown found out about this assessment when she was going through a lot of their paperwork. She was aware that her father had a lot of excess items on the deck outside the kitchen door. The only thing she is aware of in the back of the garage was the car which she in tum towed. The family has been preoccupied with the parents' dying process and was not awaze of the assessment. They haue had three estate sales on May 4, 5, 19, and three gazage sales on June 22, 23, 24. The family has paid property taxes on time, paid lots of miscellaneous outstanding bills, and are still paying burial expenses. Ms. Brown is protesting the $306. She is not aware of what was actually hauled away by the Ciry. She has been hauling lots of items that have accumulated through her parents 54 years of marriage in that home. (A videotape was shown.) Mr. Strathman stated it looks like the City removed wood, debris, and picked up the garbage. Ms. Jones stated they found the nofice by accident. She did not find the listed items outside. Ms. Brown stated she talked to 7ohn Betz (Code Enforcement) and he said the items were hauled on March 27. Her motl�er was buried on Mazch 26. The family was besieged with more important matters at the time of this assessment. Gerry Strathxnan deleted the assessment. It is clear nofice was sent and that the City did the work. A few weeks before the owners were to both die, there is a serious questlon as to if they were in a position to recognize the significance of these notices and deal with them effectively. As an act of understanding, the assessment should be deleted. Laid over summary abatements: J0103CC Demolition of building at 381 University Avenue West, Demolition of building at 387 University Avenue West. O�—q,e� LEGISLATIVE HEARING MINUTES FOR AUC�UST 7, 2001 Page 2 381 University Avenue West Steve Magner reported the building has two addresses on the front of it: 381 and 383 University aze one building and 385 and 387 University aze the other building. In Mazch 2001, there was a fire that originated at 385 I3niversity. It engulfed that building and spread to the neighboring building of 381 and 383 University. There was a large Eller Media sigp on the roof of tlte building. The sign started to collapse. The Fire Department requested a contractor puil the sign down and remove some of the debris so they could put out the fire. (Mr. Magner showed a photograph of the building with the sign startiug to collapse.) Mr. Magner stated he went to the site at 430 p.m. The Fire Department ordered the building razed at the time of the fire. The demolition was completed the next day, and the cost of the demolition was split between the two properties with the cost of the crane and more rubble at 387 University. There was quite a bit of rubble left on 385 that had to be demolished. That is how the contractor split the bill. Choua Yang, 790 Tuscarara Avenue, and Long Her, 381 University Avenue West, appeared. Ms. Yang stated they bring business to the University area, pay taxes, and improved the area. They plan on rebuilding there. This assessment is causing them financial hardship. Mr. Strathman stated he understands this is a lot of money. It was ardered by the Fire Department and is clearly a public nuisance. All the City is doing is recovering the money paid to the contractor to remove the building. There is no profit in this for the City. Steve Magner stated tus office has been in contact with the insurance company for 385 and 387 University Avenue. They are making attempts to pay the assessment for that properry. Mr. Magner's recommendation is that the owner pursues this with the insurance company. Primarily, the insurance company will accept this as part of the loss, pay it as a bill, and they may go after the insurance company of the other property for reimbursement. Mr. Magner asked what did the insurance company say about this. Ms. Yang responded they l�ave not heard back. Gerry Strathman recommends approval of the assessment. 387 University Avenue West (No one appeared to represent the property.) Gerry Strathman recommends approval of the assessment. 01-�0� LEGISLATIVE FIEt1RING MIN[ JTE5 FOR AUGUST 7, 2001 Page 3 Resolufion ordering the owner to remove or repair the properly at 393 Sidney Street East. If the owner faiLs to comply, Code Enforcement is ordered to remove the building. Steve Magner reported this properiy was condemned in 3anuary 2000. It has been vacant since 2-16-00. The curtent owner is Claudia Tendrup. There have been five stunmary abatement notices issued to remove refuse, secure gazage and house, cut tall grass, remove large tree limb and firewood. On 6-6-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on 6-13-01 with a compliance date of 7-13-01. The properry remains in a condition which comprises a nuisance as defined by the legislarive code. Vacant building fees aze due. Real estate taYes are unpaid of $2,970.27. Esfimated market value is $72,700; estixnated cost to repair, $80,000; estimated cost to demolish, $8,000 to $9,000. As of today, a code compliance inspection has not been applied for and a bond has not been posted. Mr. Magner stated there have been numerous phone calls, e-mails, letters from neighbors that would like the City to take action on this properry. Mr. Magner and another inspector met with a representative from Lutheran Social Services to go over the building again. A party from a neighborhood group was there. Mr. Magner was okay going through the building, but the inspector became ill because of the ea�tensive mold growth in the property. Humid weather like today, asthma, and breathing conditions can make it difficult to handle being in the house. George F. Borex, Sweeney, Barer & Sweeney, representing Lutheran Social Services, appeared and stated Lutheran Social Services was appointed a year ago as Ms. Tendnxp's conservator with the direction to take all reasonable efforts to rehun her to her home. Record keeping consisted of garbage bags of decades worth of bills, inveshnents, etc., all of which have not been fully sorted out. In some of the bags in the house, probiems date back to the early 1990's. Also, the house is titled in Ms. Tendrup's father's name. His estate was probated several years ago and the house was overlooked at that time; therefore, the house was not formally passed from the estate into Ms. Tendrup's nune. She has no finances to return home, has no finances for a bond, and has no assets. A physician has indicated she will not be returning to her home. Yesterday, the home was shown to three people, and one person indicated an offer would be submitted this week. A neighbor also indicated they will present a purchase. Lutheran Social Services has listed the property with a Realtor who indicated he has a buyer who wants to present an offer. Any offer has to cover the back ta�ces, assessment, eta There are two petifions which aze needed to sell the properiy: 1) Reopen the estaxe. A hearing has been scheduled with no objections, 2) Probate court has to order the seli. There is enough evidence that Ms. Tendrup will not return home. Mr. Borer stated he understands this property is a nuisance to the City, and he will attempt to sell it as soon as possible. Mr. Magner stated the building is a nuisance and there ate health issues, but he believes the building can be rehabilitated. The issue will resolve azound the cost of purchasing it and whether they can put the numbers together. He asked was there another issue. Mr. Borer responded the buyer will have to pay the assessment plus the court requires two appraisals, wiuch will be $600. There will not be any fees to Lutheran Social Services nor attorney fees. 01-9a� LEGISLATIVE HEARiNG MINi.JTES FOR AUGUST 7, 2001 Page 4 Mr. Magner stated Lutheran Social Services is not looking to make money on ttris. There have been previous inquiries from some neighborhood groups. The neighbors ultnnate concern is that the house be rehabilitated, not necessarily abated or removed. Mr. Strathman asked for a time frame. If the offers do not meet the cost to get rid of the property, zesponded Mr. Borer, he does not anticipate bringing the legal motions, other than a petition to abandon. Assuuvng an offer comes in, a month is all it would take. There is no mortgage on the properry. T`he owner is not on medical assistance; therefore, there is no medical assistauce lien. The title is cleaz other than the probate issue. Gerry Strathruan recommends laying over to the September 4, 2001, Legislafive Hearing. At that time, if there is no bona fide sale that has taken place or in process, he will recommend remove or repair. Mr. Borer responded that is more than fair. Resolufion ordering the owner to remove or repair the property at 633 Randolph Avenue. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Photographs were presented) (No one appeared to represent the properiy.) Steve Magner stated this property was condemned July 2000. It has been vacant since 8-7-00. The current owner is the Secretary of Veterans Affairs per Ramsey County records, but a Gordon Anderson is representing himself as the owner. One suumiary abatement notice was issued to remove au inoperable vehicle. On 5-30-01, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were talcen. An arder to abate a nuisance building was issued on 6-12-01 with a compliance date of 7-12-01. The property remains in a condition which comprises a nuisance as defined by the legislafive code. The vacant building fees aze paid by Mr. Anderson. Estimated market value, $65,90Q; estimated repairs, $50,000; estimated cost to demolish, $7,000 to $8,000. There there is an issue of possible allegal occupancy with the property. Gerry Strathman asked was there any communication from the Secretary of Veteran Affairs. Mr. Magner responded there has been no response from them. Mr. Strathxnan stated a Bonnie Anderson is listed as having "equitable tiUe." He asked what that means. A Jason Broberg responded there is a contract for deed in the interim period before the contract is satisfied. Mr. Stratluuau asked for the relationship between Bonnie Anderson and Gordon Anderson. Mr. Magner responded he does not know. The first floor is packed to appro�mately four feet off the ground. The second floor has a lazge accumulation. Mr. Anderson is a collector and a recluse. Mr. Strathman asked how the VA (Secretary of Veterans Affairs) became the owner. Mr. Broberg responded the VA is the contractor. They sold Bonnie Anderson the properiy on a LEGISLATIVE HEARING MINIJTES FOR AUGUST 7, 2001 c�-�� Page 5 contract for deed. Ivfr. Magner stated the house was originally sold to an individual on a VA loan. That individual foreclosed on it by the VA. Gerry Strathman recommends approval. The meeting was adjourned at 10:38 a.m. rrn CSTIZE� I SERV ICE OfFICE Fred Owutu, Ciry Cterk DIVISION OF PROPERTY CODE ENFORCEMENI' D, —� O, Michael R Morehead, Progr¢m Manager CTTY OF SAQVT PAUL Nornc Colemars, Mayar 7uly 13, 2001 Nuisance Bui(dirtg Code Ertforcemert! ISK`.Ket(oggBlvd. Te[: 651-2668440 Sainf Paul, MN 55102 Fax: 651-2668426 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 633 Randolph Avenue The City Council has scheduled tTie date of these hearings as follows: Legislative Hearing - Tnesday, August 7, 2001 City Council Hearing - Wednesday, August 22, 2001 The owners and responsible parties of record are: Name and Last Known Address VA Secretary of Veterans Affairs 1 Federal Drive Fort Sneiling, MN 55111 Attn: Joe Varpness Bonnie Anderson 633 Randolph Avenue St. Paul, MN 55102 Gordon 7. Anderson 633 Randolph Avenue St. Pau1, MN 55102 Robert W. 7ones D.D.S 111 East Keliogg Blvd., Ste. 205 St. Paul, MN 55101 Interest Fee Owner Equitable Title Occupant 3udgxnent Creditor 633 Randolph Avenue July 13, 2001 Page 2 The legal description of this property is: o�_qo� Lot 24, Block 31, Thomas Daly's Subdivision ofBlocks No. 18 & 31 in Stinson, Brown & Ramsey's Add. To Saint Paul. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defaned by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then lrnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against ihe real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �teve �a��er Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph