02-1039Council File # DZ � �03q
Refened To
Presented By
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # �_��p +�'
SS
Committee: Date
WHEREAS, 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 or wrecking and
removal of a one-story, brick, block and masonary commercial structure with a detached, concrete and
block shed located on property hereinafter referred to as the "Subject Properly" and commonly known as
1150 Prosperity Avenue. This properiy is legally described as follows, to wit:
Lot l, Block 1, Phalen Village.
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WAEREAS, based upon the records in the Ramsey County Aecorder's Office and information
obtained by Division of Code Enforcement on or before March 13, 2002, the following are the now lrnown
interested or responsible parties for the Subject Property: Jerry's Enterprises Inc., Attn: Robert N
Shadduch, President, 5101 Vernon Ave. S., Edina, MN 55436; Darcy E. Winter, Agent for 7erry's
Enterprises, Inc., D.E. Winter & Associates, Inc., 3722 West 50`� Street, #365
WHEREAS, Division of Code Enforcement has served in accordance with the provisions of
Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance
Building(s)" dated June 27, 2002; and
WHEREAS, this order informed the then known 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 29, 2002; 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 tune, date, place and purpose of the
public hearings; and
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1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
2 Council on Tuesday, October 22, 2002 to hear testimony and evidence, and after receiving testunony and
3 evidence, made the recommendation to approve the request to order the interested or responsible parties to
4 make the Subject Properry safe and not detrimental to the public peace, health, safety and welfaze and
5 remove its blighting influence on the community by rehabilitating this structure in accordance with all
6 applicable codes and ordinances, or in the aiternative by demolishing and removing the structure in
7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the shucture to be
8 completed within fifteen (15) days after the date of the Council Hearing; and
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WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 6,
2002 and the testimony and evidence including the action taken by the Legislative Hearing Officer was
considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced
public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning
the Subject Property at 1150 Prosperity Avenue:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
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That the costs of demolirion 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 condirion have not been corrected.
That Division of Code Enforcement has posted a placard on the Subject Property which
declares it to be a nuisance condition subj ect to demolition.
That this building has been routinely monitored by the Citizen Service Offices, Division of
Code Enforcement, Vacant/Nuisance 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 Property safe and not
detrimental to the public peace, health, safety and welfare and remove its blighting influence on the
community by rehabilitating this shucture and correcting all deficiencies as prescribed in the above
referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and
ordinances, or in the alternative by demolishing and removing the siructure in accordance with all
applicable codes and ordinances. The rehabilitation or demolition and removal of the structure
must be completed within fifteen (15) days after the date of the Council Hearing.
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2. If the above corrective action is not completed within this period of time the Citizen 3ervice 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
Properly 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 fi�ctures of any kind which interfere with the demolition and removal shall be removed
from the property by the responsible parties by the end of this 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 tYus resolution be mailed to the owners and interested parties in
accordance with Chapter 45 of the Saint Paul Legislative Code.
Adopted by Council: Date 'N ev,�._'a.� O'�
Adoption Certified by Council Secretary
Requested by Deparhnent of:
Citizen Service Office: Code Enforcement
BY .
Form Approved by City Attorney
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Division of Code Enfarcement
Andy Aawkins 266-8427
AUST BE ON �IRdCILAGH�DA BY (�4'
GREEN SHEET
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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 1150 Prospertiy Avenue.
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PL4NNING CAMMISSION
C18 CAMMITfEE
CML SERVICE COMMISSION
Fiac tlus persoMrm avervrorked uMer a wntract tor fh� dep�hnent7
YES NO
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VES NO
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YES NO
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'�'�`"u's"�t'""uYcY` a n`isa"ric� as"�e"�Ied in Chapter 45 and a vacant building as defined in Chapter 43 of
the Saint Paul Legislative Code. The owners, interested parties and responsible parties l�own to the Enforcement
Officer were given an order to repair or remove the buil � a� �0� �s�r� venue by 7uly 29, 2002, and
have failed to comply with those orders. �
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The City will eliminate a nuisance.
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The City will spend funds to wreck and remove this building(s). These costs wili be assessed to the property,
collected as a snecial assessment aQainst the roronertv tases.
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
OF TRANSACTION
COST/REVQIUEBUDfiEfm(GRCLEONE) / YES J NO
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REPORT O 3.-10� q
Daxe: October 22, 2002
Time: 10:00 am.
Place: Room 330 City Hall
15 West Kellogg Boulevazd
LEGISLATIVE HEARING
Gerry Strathman
Legislative Hearing Officer
�/ 1. Resolution ordering the owner to remove or repair the property at 1150 Prosneritv
n �� Avenue. If the owner fails to comply with the resolution, Code Enforcement is
ordered to remove the building.
Legislative Hearing Officer recommends approval.
2. Resolution ordering the owner to remove or repair the property at 1083 Conwav
Street. If the owner fails to comply wit6 the resoluNon, Code Enforcement is
ordered to remove the building.
Legislative Hearing Officer recommends approvaL
3. Resolution orderiug the owner to remove or repair the property at 706 Charles
Avenue. If the owner faiLs to comply wit6 the resolution, Code Enforcement is
ordered to remove the buitding.
Legislative Hearing Officer recommends approve.
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TvIINUTES OF Tf� LEGISLATIVE HEARII3G
Tuesday, October 22, 2002
Room 330 Courthouse
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Steve Maguer, Code Enforcement
The meeting was called to order at 10:03 am.
.�/ Resolution ordering the owner to remove or repair the property at 1150 Prosneritv Avenue.
��` If the owner fails to comply with the resolurion, Code Enforcement is ordered to remove
the building.
(No one appeazed to represent the property.)
(Steve Magner submitted photographs.)
Steve Magner reported that this building is a one-story brick/block/masonry commercial building
and has been vacant since December 22, 1995. The current property owner is listed as Jerry's
Enterprise, Inc. Two summary abatements have been issued to remove items, cut tall grass and
weeds, and secure the building from unauthorized enhy. An inspection of the building was
conducted on June 19, 2002. A list of deficiencies which constitutes a nuisance condition was
developed and photographs were taken. An order to abate the nuisance building was issued on
June 27, 2002, with a compliance date of July 29, 2002. As of this date, the building remains in
a condition which comprises a nuisance as defined by the Legislative Code. Vacant building fees
have been paid. Ramsey County Taxa6on has placed an estimated mazket value of $71,000 on
the land and $10,000 on the building. As of October 22, 2002, a code compliance inspection had
not been applied for nor a bond posted. Repairs of the structure aze estimated to be in excess of
$100,000. The estimate cost to demolish the building is between $14,000 and $16,000. Mr.
Magner said they aze seeking a 15-day resolution to repair or remove the building.
Mr. Magner noted that in the packet of information is a letter from Darcy Winter of D.E. Winter
and Associates, Inc., the owner's representative. She indicated that she is trying to remove the
building and to comply with the City but has not been able to accomplish it at this poinY in time.
Gerry Strathman recommended approval of the order to remove or repair the property within 15
days.
Resolution ordering the owner to remove or repair the property at 1083 Conway Street. If
the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
(No one appeazed to represent the property.)
(Steve Magner submitted photographs.)
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October 22, 2002, Legislative Aearing Minutes Page 2
Steve Magner stated that this is a 1% story wood firame single-family dwelling. The building was
condemned by Code Enforcement in Mazch 2002 and has been vacant since Mazch 12, 2002.
The current owner is Michael L'Heureu�c. Four summary abatement notices have been issued to
cut tall grass and weeds, remove improperly stored refuse, and secure the building from
unauthorized entry. On August 20, 2002, an inspection of the building was conducted, a list of
deficiencies wluch constitute a nuisance condition was developed, and photographs were taken.
An order to abate a nuisance building was issued on August 28, 2002, with a compliance date of
September 27, 2002. As of this date, the property remains in a condition which comprises a
nuisance as defined by the Legislative Code. The vacant building registration fees aze due, and
real estate taxes aze unpaid in the amount of $11,801.14. Ta,zation has placed an estimated
mazket value of $5,400 on the land and $38,000 on the building. As of October 22, 2002, a code
compliance inspection has not been applied for nor a bond posted. Repairs of the structure are
estimated to be between $70,000 and $80,000 and demolition between $6,000 and $7,000.
As indicated from the photos, Magner said it is a very small dwelling. It has had a long
checkered past with Code Enforcement. Originally, a gazage was built without pernuts and it
was oversized for the lot. It was suspiciously bumed and had to be razed by the City on an
emergency basis. There have also been numerous police activities at this property. The parties
have now left the property. At one time, owners indicated they were going to rehabilitate it, but
no further word has been heazd from them. Mr. Magner said it was his understanding that
Michael L'Heureux is now deceased. Also, it was either his wife or partner who was in the
property at the time it was condemned on a St. Paul Police warrant.
Gerry Strathman recommended approval of the order to remove or repair the property within 15
days.
(T'he meeting was recessed from 10:11 to 10:30 in order to accommodate the owner of the
properiy at 706 Chazles Avenue.)
Resolution ordering the owner to remove or repair the property at 706 Charles Avenue. If
the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
(No one appeazed to represent the property.)
(Steve Magner submitted photographs.)
Steve Magner reported this is a 1'/2 story wood frame single-family structure. The building was
condemned on December 19, 2001 and has been vacant since December 26, 2001. Per Ramsey
County Property Records and Revenue, the current properry owners are listed as Josala Landvick
and Chesley Dailey. Two smumary abatement orders haue been issued to cut tall grass and
weeds, remove unproperly stored refuse, and secure the building from unauthorized ernry.
On Mazch 7, 2002, an inspection of the buiiding was conducted, a list the deficiencies which
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October 22, 2002, Legislative Hearing Minutes Page 3
consritute a nuisance condition was developed and photographs were taken. An order to abate a
nuisance building was issued on August 28, 2002, with a compliance date of September 27,
2002. As of this date, the properry remains in a condition which comprises a nuisance as defined
by the Legislative Code. The City has had to board the building and secure it against trespass.
Vacant building and registration fees are due and owing in the amount of $400 for the years 2001
and 2002. Real estate taaies aze unpaid in the amount of $1,282.98. The Ramsey County
Deparhnent of Ta�cation has piaced an esrimated mazket value of $5,100 on the land and $42,100
on the building. A code compliance inspection was obtained on Mazch 7, 2002. However, there
is no bond and no current permits.
Mr. Magner said he has received phone calls from both Josala Landvick and Chesley Dailey and
on two different occasions Mr. Magner has explained that they aze being asked to rehabilitate
their property, to post a bond, and to commence the acrion. Litt1e or no action has been seen at
the property since they obtained the code compliance inspection. Inspectors have talked to Mr.
Dailey on numerous occasions indicating that this needs to be done. Mr. Daily called to have the
Legislative Hearing changed to either a different date or time and he still did not appear at this
meeting. Code Enforcement is seeking a resolution to repair or remove the building withiu 15
days. If the owners were to post the bond and get permits, he felt Code Enforcement could work
with them.
Mr. 5trathman recommended approve of the order to remove or repair the property wiUun 15
days in view of the fact that no bond has been posted, vacant building fees are still due, and the
properry cleazly constitutes a nuisance. Also, the property owners aze not present at this meeting,
even though the hearing was rescheduled to 1030 a.m. to accommodate their schedule.
The meeting was adjourned at 10:38 a.m.
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CITIZEN SERVICE OFFICE
Dorsald! Lun¢, Ciry Cferk
CTTY OF SAIN'T PAUL
Randy C. Ke11y, Mayor
�
September 27, 2002
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Citizen Service Office, VacantlNuisance 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:
1150 Prosperity Avenue
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, October 22, 2002
City Council Hearing - Wednesday, November 6, 2002
The owners and responsibie parties of record aze:
Name and Last Known Address
Jerry's Enterprises Inc.
Attn: Robert N Shadduch, President
5101 Vemon Ave. S.
Edina, MN 55436
Dazcy E. Winter
Agent for Jerry's Enterprises, Inc.
D.E. Winter & Associates, Inc.
3722 West 50`� Street, #365
The legal description of this property is:
Lot l, Block 1, Phalen Village.
DIVISiON OF PROPERTY CODE ENFORCEMENT O� n �
Andy Dawkins, P�ogram Manager J
Nuisance Bui(dirtg Code Enfa�cement
IS W. Kellogg Blvd. Rm. !90 Tel: 651-266-8440
SaintPaul,MN5i102 Faz:65l-266-8426
Interest
Fee Owner
Interested Party
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1150 Prosperity Avenue
September 27, 2002
Pa�e 2
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Division�bf Code Enforcement has declazed this buildin�(s) to constitute a"nuisance" as defined
by Le�islative Code, Chapter 4�. Division of Code Enforcement has issued an order to the then
known responsible parties to eliminate this nuisance condition by correctin� the deficiencies or
by razin� and removin� this buildin�(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the bli�htin� influence of this property. It is the
recommendation of the Division of Code Enforcement that the City Council pass a resolution
orderin� the responsible parties to either repair, or demolish and remove this building in a timely
manner, and failin� that, authorize the Division of Code Enforcement to proceed to demolition
and removal, and to assess the costs incurred a�ainst the real estate as a special assessment to be
collected in the same manner as taxes.
Sincerely,
�teve �a�raer
Steve Magner
Vacant Buildings Supervisor
" Division of Code Enforcement
� Citizen Service Office
SM:mI
cc: Frank Berg, Building Inspection and Design
Meghan Riley, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
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