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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. 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 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 AA-ADA-EEO Employer , � 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 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 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. 2. 4. 5. 6. 7. 8. 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. AA-ADA-EEO Employer b � -10 �'� 2 4 5 6 7 8 9 10 11 12 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 i. n o�7� AA-ADA-EEO Employer Division of Code Enfarcement Andy Aawkins 266-8427 AUST BE ON �IRdCILAGH�DA BY (�4' GREEN SHEET �I�I O �-��os� 1 � Na�02407 a„�� orrwnawav TOTAL # OF SIGNATURE PAGES ❑ wur�ta�avcESUrt ❑ wuwcu�ae�m¢ �wmeWRU.or�wn ❑ (CLJP ALL LOCATIONS FOR SICaNATURE� 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. w PL4NNING CAMMISSION C18 CAMMITfEE CML SERVICE COMMISSION Fiac tlus persoMrm avervrorked uMer a wntract tor fh� dep�hnent7 YES NO tiasihMa v� rxr neen a cihi rn+vbvee� P�X��:'q ooes mis oeisaJfirm a� a s�N� not �Na�essed tn am curteM cfly emdmee4 VES NO Is Mis pnsorJfiim a tarpeted vendoYt YES NO m seoarate sheet and atfach '�'�`"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. � ��= --.... . The City will eliminate a nuisance. , -�� � , . � � ; . � ,�,. ,. .� 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 T�Taisa�r.e�2uFi�s�bate�nr�t wcrnmrNU�FSC 33261 ^ ., ,�^ rar ����`;�:� : �^�•�:",:�":.. 4: : ,..., xr cowwro � �� � � ���� AA-ADA-EEO Empioyec ' 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. rtn oa--�c�� 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.) O�-���� 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 o�.-.��� 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. mce, rru 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 � p � t` - iYl� R.n .. s... 4 Fd �� L_ h3.P'� , i � � r d-.�� � P.A-ADA-EEO Employer 1150 Prosperity Avenue September 27, 2002 Pa�e 2 � .�-�� � � 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 ccnph P,A-ADA-EEO Employer