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02-1097A m�.a,�.a. - Ndv. �o, �aoa '� File # oa- ��r Green Sheet # Jo�yaa RESOLUTION OF Presented By Referred To PAUL, MINNESOTA 53 Committee: Date 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, wood frame, stucco exterior dwelling and the detached, two-stall, wood frame 4 garage located on properiy hereinafter referred to as the "Sub}ect Properiy" and commonly known as 136 5 Wilder Street North. This property is legally described as follows, to wit: 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 The North 58 feet of Lot 8, Block 14, "Second Addition Merriam Park" to the City of St. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before March 31, 2002, the following are the now known interested or responsible parties for the Subj ect Property: James M. Fitzpatrick & Barbara M. Fitzpatrick, 2012 Selby Avenue, St. Paul, MN 55104-5823; Dianne Lynette Fouts Fitzpatrick, 1834 Laurel Avenue, St. Paul, MN 55104; Attomey Lawrence D. Olson, D. Olson & Associates, P.A., 2860 Snelling Ave. N, St. Paul, MN 55113; City and County Credit Union, 144 B. 11 `� Street, St. Paul, MN 55101 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 August 20, 2002; and WHEREAS, this order inforxned 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 September 19, 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 time, date, place and purpose of the public hearings; and AA-ADA-EEO Employer o�.- �oa� 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the 5aint Paul City 2 Council on Tuesday, November 12, 2002 to hear testimony and evidence, and after receiving testimony and 3 evidence, made the recommendation to approve the request to order the interested or responsible parties to 4 make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and 5 remove its blighting influence on the community by rehabilitating tYus structure in accordance with all 6 applicable codes and ordinances, or in the altemative by demolishing and removing the structure in 7 accordance with all applicable codes and ordinances. The rehabilitarion or demolition of the structure to be 8 completed within £� days e the date of the Council Hearin • and v_ena.�i� r. eC ��lo\. � .�e .��000.oeho�v� �s 9 �i}� �! h80 N BJ. 'af-a, �q�,� 10 WHEREAS, a hearing was held before� 3�[ic �t, i.�tn�i on�ve�nes a�y,�,'Qb�'�tr, 11 2002 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 considered by the Council; now therefore BE IT RESOLVED, that based upon the testnnony 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 136 Wilder Street North: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition haue not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 haue been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within�5� days after the date of the Council Hearing. �oha.�wv.�rr� ��a�.i� �.�&O nplo t pZ..tt�q`1 2 3 4 5 6 7 8 9 10 il 12 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 chazge 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 properry or fixtures of any kind which interfere with the demolition and removal shall be removed from the properiy by the responsible parties by the end of this time period. If all personal properiy 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 fiu 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. Requested by Department of: ���� �� _����� �� ��l��� �� Citizen Serv'ce Office• Code Enforcement Bv: ��0"� � Form Approved by City Attorney � �� �,�,���, . /� � ..� . By: Adopted by Council: Date CN �� �5.,,,, Adoption Certified by Council Secretary sy: Approved By: Date �� ��� for AA-ADA-EEO Employer ,� . ����� Division of Code Enforcement Andy Dawkins 266-8427 AUST BE ON COIdJqL AGB-1N BY (�4' ionsioz rtouiwc onoee TOTAL � OF SIGNATURE PAGES �_ �:� GREEN SHEET o�. to�t� No1024J9. � an�noutv � ❑ anctac ❑ wwcu�aExxr�so�e ❑ n��xcuu.� �wraelwt�sssrNrtl ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution whidh 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 properiy is located at 136 Wilder Street North. PLANNING CAMMISSION qB COMMITTEE CML SERVICE CAMMISSION Fiaa this pe�soMrm aRrMariaetl uMer a canhact forfhie tlepaM�enl7 YES NO Fias mis {�sa'uTi'm ever been a aty emvbyceT ' � YES , N� Does Mis P� G� a sk7 not �urmalA'P� M anY anrent cilY �P�� YES NO k ihis P�rm a tatgetetl ve'daYl . YR NO This building(s) is a nuisance building(s) as defined in Ghapter 45 and a vacant building as defined in Chapter 43 of ; the Saint Pau1 Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 136 Wilder Street North by September 19, 2002, and have failed to corriply wiYh those orders. PIOV 1 2 20�2 The City wiTl eliminate a nuisance. MAY�R`S Ci�FICE The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a snecial assessment asainst the roronertv tases. A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. -$9,000 coaTm�oiue euoc�EO �caxc�r or� � rES/ � sourcce Nuisance Housing Abatement � 33261 INFORANTION (D�Wln � � �/ � I 1 / � � u OCT��2002 �;-.�A-EEO�mploy� CITY ATTORNEI( CITIZEN SERV[CE OFFICE Donald J. Luna, Ciry Clerk DNIS[ON OF PROPERTY CODE ENFORCEMEM Andy Dawhlns, Program ,Kanager C I y 1 �F Sa�T pA�. Nuisance Butlding Cod¢ Enforcemvnt Randy C. Ke[ly, Mayor 1600 North White Bea�Avenue Tel: 651-266-1900 SairstPaul, MN55102 Faz: 651-266-192b October 18, 2002 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council ��, _�O�1�2 Citizen Service Office, VacanUNuisance 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: 136 Wilder Street North The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, l�ovember 12, 2002 City Council Hearing - Wednesday, November 20, 2002 The owners and responsible parties of record aze: Name and Last Known Address James M. Fitzpatrick & Barbaza M. Interest Fee Owner Fitzpatrick 2012 Selby Avenue St. Paul, MN 55104-5823 Dianne Lynette Fouts Fitzpatrick 1834 Laurel Avenue St. Paul, MN 55104 Ex-Wife Attomey Lawrence D. Olson D. Olson & Associates, P.A. 2860 Snellin� Ave. N. St. Paul, MN 55113 City and County Credit Union 144 E. 11'" Street St. Paul, MN 55101 Attomey Mortgagee/Lienor AA-ADA-EEO Empioyer 136 Wilder Street North October 18, 2002 Pa�e 2 The legal description of this property is: O 1 ,r lV ° ` Ir \i The North 58 feet of Lot 8, Block 14, "Second Addition Mzrriam Park" to the City of St. Paul. Aivision of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� the deficiencies or by razin� and removin� 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 failin� that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incuned a�ainst the real estate as a special assessment to be collected in the sazne manner as tases. Sincerely, 10 i i � �'� . / Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housin� Division ccnph AA-ADA-EEQ Emplayer �s.� � •.: LEGISLATIVE HEARING Date: November 12, 2002 Time: 10:00 a.m. 130 p.m. - 1�60 Westerr, Place: Room 330 City Hall 15 West Keliogg Boulevard Mazcia Moermond Legislarive Hearing Officer Resolution ordering the owner to remove or repair the building(s) at 860 Euclid Street. If the owner fails to comply with the resolution, Neighborhood Housing and Properry Improvement (NHPn is ordered to remove the building. (Laid over from 10-8-02) Legislative Hearing Officer recommends approval. 2. Resolution ordering the owner to remove or repair the building(s) at 706 Charles Avenue. If the owner fails to comply with the resolution, NHPI is ordered to remove the building. Legislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation of the property if the following is done by noon of November 20, 2002: 1) post the $2,000 bond, 2} pay the $200 vacant building fee. 3. Resolution ordering the owner to remove or repair the building(s) at 695 Charles Avenue. If the owner fails to �omply with the resolution, NHPI is ordered to remove the building. Legislative Hearing O�cer recommends approval. 4. Resolurion ordering the owner to remove or repair the building(s) at 278 Top i�n Street. If the owner fails to comply with the resolution, NHPI is ordered to remove the building. Legislative Hearing O�cer recommends granting the owner 180 days to complete #he rehabilitation of the property if the following is done by noon of November 20, 2002: 1) post the $2,000 bond, 2) pay the $200 vacant building fee, 3) apply for a code compliance inspection. �i 5. Resolution ordering the owner to remove or repair the �uilding(s) at 136 Wilder Street North. If the owner fails to comply with the resolution, NHPI is ordered to remove the building. Legislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation of the properry if the $2,000 bond is posted by noon of November 20, 2�02. LEGISLATIVE FiEARING REPORT OF NOVEMBER 12, 2002 Page 2 6. Appeal of Notice of Condemnation and Order to Vacate at 1560 Westem Avenue North. (Heard at 1:30 meeting.? I.egislative Hearing Officer recommends denying the appeal. ;.� MINL7TES OF TT� LEGISLATIVE FiEARING Tues3ay, November 12, 2002 Room 330 Courthou,e Mazcia Moermond, Legisiative Hearing Officer The meeting was called to order at 10:02 a.m. oZ i�� 5'� . STAFF PRESENT: Steve Magner, Neighborhood Housing and Properry Improvement (NHPn; Fallon Kelly, NHPI Resolution ordering the owner to remove or repair the building(s) at 860 Euclid Street If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement (NHPn is ordered to remove the 6uilding. (Laid over from 10-5-02) (No one appeared to represent the property.) Steve Magner reported the owner was not planning on attending today. The owner knew this was the third and final layover, and he has until November 20 to solve all of his issues. He is hoping to get a sign off by Bill Singer, LIEP (License, Inspections, Environmental Protection) by that time. fihe original legislative hearing was March 26, 2002. The discussion was continued several times so the new owner could finish the project. He made progress, but has not completed the work on the properCy. Marcia Moermond asked was there a code compliance inspection. Mr. Magner responded yes and that most of the work is completed. Ms. Moermond recommends approval of the resolurion and noted it is anticipated that the . uisance conditions will be conected by November 20, 2002. Resolution ordering the owner to remove or repair the building(s) at 706 Charles Avenue. If the owner fails to comply with the resolution, NFIPI is ordered to remove the building. (Note: the City Council referred this matter back to the Legislative Hearing Officer.) Chesiey Dailey, co-owner, appeazed and stated he and his wife own the properry. Steve Magner reported this is a i%z story wood frame single family structure. It was condemned December 19, 20Q1, and has been vacant since December 26, 2001. The current owners are Josala Landvick and Chesley Dailey. There have been rivo suuuuary abatement notices issued to cut grass, remove refuse, and secure the building. On Mazch 7, 2002, 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 August 28, 2002, with a compiiance date of September 27, 2002. As of this date, this properiy remains in a condition which comprises a nuisance as defined by the legislative code. The $200 vacant building fee is due. Real estate taaces are unpaid in the amount of $1,282.98 for 2001 and o �o�� LEGISLATIVE HEARING MINiTTES OF NOVEMBER 12, 2002 Page 2 2002. Tax2tion has placed an estimated market value of $5,100 on the land and $42,100 on the building. As of today, a bond has not been posted. NHPI Officers estimate the cost to repair is $60,000 to $70,000; estimated cost to demolish, $6,000 to $7,000. �Josala Landvick, co-owner, arrived.) Mr. Dailey stated he has done most of the work and there is not much left. The codes, vacant building fee, and t�es had not heen paid because he did not have the money. In another 45 to 60 days, he could have the property where it is suppose to be. None of the tenants paid the rent. When it was raided, it got wrecked. Not much has to be done. Mr. Dailey is requesting an extension of time to complete the work. Mazcia Moermond stated they have not posted the bond that is required, nor the vacant building fee, and the taxes are owing on this property. These aze not good indicators. Mr. Dailey responded he would like to refinance the place, and Ms. Landvick will switch it over to his name. Ms. I,andvick stated she and Mr. Dailey aze going through a divorce. He was supposed to get two houses, and she was suppose to maintain responsibility for her part. Mr. Dailey has not been paying any fines, said Ms. Landvick, and he let his son live there, who did not pay any rent. Ms. Landvick is paying the mortgage, which is in her name. Mr. Dailey is not responsible enough to take caze of the property and maintain it; therefore, she will take responsibility for the properry unrii everything is transferred into his name. Whatever fines need to be paid, she can work something out. In the future, everythuig should be mailed and billed to her. Mr. Dailey stated most of the work is done. Jim Singer and Don Wagner (LIEP) looked over the list, and checked off the things that need to be finished. He had to pay for the code compliance inspection. He asked his wife to help him because he did not have the money. Based on what is in front of her and the building's conditions, Ms. Moermond stated, she finds that NHPI acted correctly in issuing an order to remove or repair 706 Charles. When the Council has its next public hearing, her recommendation will be that the resolution stands. If the owners post a bond and pay the vacant building fee, the City Council may grant an extension, as those would be signs that the owners are serious about making progress. Mr. Magner stated the owners need to post the bond and obtain the rest of the pernuts needed for rehabilitarion. In answer to questions from Ms. Landvick, Mr. Magner went on to say that the bond is a$2,000 performance bond posted with LIEP. The owner can go to a bonding agency to buy a bond. Once the bond is posted, the owners can puli the other pernuts. The permit costs aze based on the scope of work provided. The bond requirement cannot be waived once a property gets to this stage. The City is asking for a bond to guazantee that the owners have some monies to complete the project. Once the bond is posted, the owner will have 180 days to complete the rehabilitation of the property. oZ �c'�� LEGISLATIVE HEARING MINUTES OF NOVEMBER 12, 2002 Page 3 Ms. Landvick asked when someone was at the property to inspe�t it. Mr. Magner responded the code compliance inspection was done in March 2002. The owner can go to LIEP ta get a copy of the inspection. Ms. Landvick stated she will try to get the bond and the vacant building fee paid by November 20. Ms. Moermond recommends granting the owner 180 days to complete the rehabilitation of the property if the following is done by noon of November 20, 2002: 1) $2,000 bond is posted, 2) $200 vacant building fee is paid. Also, Ms. Moermond reminded the owners that the taxes will be a problem if they aze not paid. (Mr. Magner gave Ms. Landvick address information for posting the bond and paying the vacant building fee. Ms. Landvick gave Mr. Magner her coaect address information.) Resolution ordering the owner to remove or repair the building(s) at 695 Charles Avenue. If the owner fails to compty with the resolution, NHPI is ordered to reffiove the building. (Steve Magner submitted photographs.) James L. Redwood, 991 Selby Avenue, appeazed and stated he had a fire at the home and is in the process of selling it. He has a lien on the property for child support. He offered the State a settlement, and he is waiting for the settlement to come back. Steve Magner reported this is a rivo story wood frame house. It was condemned August 19, 2002, by NHPI. It has been vacant since Febniary 16, 2002. Theze have been four summary abatement notices issued to remove refuse and cut tall grass. On August 13, 2002, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condifion was developed, and photographs were taken. An order to abate a nuisance building was issued on August 19, 2002, with a compliance date of September 18. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fee is due. Real Estate taxes aze unpaid of $249. Taatation has placed an estimated mazket value of $2,300 on the land, $20,000 for the building. As of today, a Code Compliance Inspection has not been applied for nor a$2,000 bond posted. Code Enforcement estimates the cost to repair is $50,000; estimated cost to demolish, $8,000 to $9,000. Mazcia Moermond asked is Tasation's mazket value done before or after the fire. Mr. Magner responded he wouid suspect that was before the fire. Those numbers aze generally not changed very quickly unless the evaluator was in the neighborhood right afEer the fire. Ms. Moermond asked did Mr. Redwood disagree with any of the facts presented. Mr. Redwood responded not really. He thought the adjuster had handled all of that. He is wairing for an answer from child support collections because they had a lien on the property. As soon as they accept a settlement, he will be selling the property. If they do not accept the settlement, he wili still be selling the property. oz ���-� LEGISLATIVE HEARING MINUT'ES OF NOVEMLiER 12, 20�2 Page 4 Ms. Moermond asked were these arrangements made before the ire occurred in August. Mr. Redwood responded they were made after the fire. Mr. Mao,ner stated there were two fires at this properry. The original fire ca11 was brought to NHPI's attention on February 16. The building was registered as a vacant building at that time. Based on the facts in front of her, Ms. Moermond stated, NHPI officers acted reasonably and consistendy on the facts issued in ttus order; therefore, she will recommend the Council approve the order at their City Council meeting on November 20. Mr. Redwood asked about selling it. Ms. Moermond responded the condemnation order and the order to remove or repair aze based on the building's condition, and not based on the circumstances having to do with the sale and transfer of ttus property. 'I'he building is in a condition that is dangerous. The owner needs to deal with that first and foremost. Ms. Moermond suggests that he contact the Councilmember representing that wazd. Mr. Redwood asked how NHPI derives at $50,000 for repairs if they have not seen the inside of the building. Mr. Magner responded it is based on the estimate from the fire loss reports, which total in excess of $30,000. Also, they look at the condition of the house besides the fue. Ms. Moermond suggested that Mr. Redwood post the bond and pay the vacant building fees to indicate his seriousness in rehabilitating this structure or selling it to someone who will do so. Mr. Magner added the owner needs to get a truth-in-housing or code compliance inspection to be in compliance with the truth and sell of housing ordinance. The truth-in-housing would be best because the owner will need that anyway to sell the property. The owner cannot show the property without obtaining one of those documents. For a single family residence, that would be $100. Ms. Moermond asked if he understood her recommendafion to the Council. Mr. Redwood responded in the affumative. Mr. Redwood asked what would happen if he does not post the bond by noon of November 20. Ms. Moermond responded she will recommend that the building be removed or repaired regardless of whether the bond is posted; however, if he posts the bond, that will be a strong indicator that he is going to rehabilitate the building. Ms. Moermond recommends approval of the resolurion. Resolution ordering the owner to remove or repair the building(s) at 278 Top ing Street. If the owner fails to comply with the resolution, NHPI is ordered to remove the building. (Steve Magner submitted photographs.) SYeve Magner reported this is a two story single family structure. It has been vacant since April 19, 2001. The current owner is Kenneth Abosi. There have been four summary abatement notices to clean the yazd, cut ta11 grass, and secure the property. On August 15, 2002, an Q � � �1 S3, LEGISLATIVE HEARING MINUTES OF NOVEMBER 12, 2002 Page 5 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 August 22, 2002, with a compliance date of September 23. As of this date, the property remains in a condirion which comprises a nuisance as defined by the legislative code. A citation was issued charging the owner with failure to pay the vacant building fee. Real estate taYes aze unpaid of $3,106.01. TaYarion has placed an estimated mazket value of $7,400 on the land; $23,700 on the building. As of today, no bond has not been posted, nor has a code compliance inspection been done. Mazcia Moermond asked for clarification on the vacant building fee because they have been paid, yet a citation was issued. Mr. Magner responded they had to issue a citation to get compliance for the ordinance. They were last paid July 2001, so they aze due again, Kenneth Abosi, owner, 683 Hague Avenue #3, appeazed and stated he, his wife, and their two childreri aze going to move into the properry. The previous tenant was not paying rent, and he evicted her. Mr. Abosi lost his job. The contractor he paid took off with the money. Since then, they aze tcying to raise money to fix up the property. He now has started an export business, which ried up lus money. He brought back $10,000 to start on the house. Ms. Moermond stated the real estate t�es aze unpaid. Mr. Abosi responded his records say he owes $311 for 2001. Mr. Magner responded that the time for paying the 2002 taYes has expired. Ms. Moermond asked did the owner understand that he cannot move into this building until the building has come into compliance. Mr. Abosi responded in the a�rmative. Ms. Moermond recommends granting the owner 180 days to complete the rehabilitation of the property if the following is done by noon of November 20, 2002: 1) post the $2,000 bond, 2) paid the $200 vacant building fee, 3) apply for a code oompliance inspection. Although it is unfortunate what happened with the contractor, Ms. Moermond has to make her decision based on whether the Code Enforcement officers acted reasonably and if the building circumstances merited the acrions they recommend with the order to remove or repair. It appears they do. Resolution ordering the owner to remove or repair the building(s) at 136 Witder Street North. If the owner faits to comply with the resolution, NHPI is ordered to remove the building. (Steve Magner submitted photographs.) Peter Kern, 709 Hague Avenue, appeazed and stated he is representing the owner Mr. Fitzpairick. Steve Magner reported this is a rivo story wood frame structure. The building was condemned on September 1 I, 2000, and has been vacant since August 30, 2000. Four sununary abatement notices have been issued to secure the structure, eliminate the hazardous conditions of unapproved electrical services, remove election signs, remove refuse, and cut grass. On August 13, 2002, an inspecrion of the building was conducted, a list of deficiencies which constitute a LEGISLATIVE HEARING MINIJTES OF NOVEMBER 12, 2002 oZ ���� Page 6 nuisance condition was developed, and photographs were taken. An order to abate a nuisance condition was issued on August 20, 20Q2, with a compliance daxe of September 19. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees aze paid. Real estate taxes aze unpaid of $1,453.00. Taa�ation has placed an estimated mazket value of $15,900 for the land and $101,500 for the house. NHPI estimates the cost to repair is $100,000; estimated cost to demolish, $5,000 to $9,000. A code compliance inspection was done in May 2002. Mr. Kem stated he is a friend of the family and Mr. Fitzpatrick asked him to purchase the properry. Mr. Kern agreed to buy it, and he has a letter of intent. He also has a letter to the City Council President and the attorney. Mr. Kern had a code compliance inspection performed in May 2002. He would like an extension to bring the properry up to code. Ae does not want the City to tear down the property. He owns three other rental properties, which he rehabilitated. Mr. Fitzpatrick is getting older, has medical complications, cannot do the work, and is hoging the City Council will allow Mr. Kern to purchase the property. (Mr. Kern submitted the letters.) Mazcia Moermond stated she will recommend granting the owner 180 days to rehabilitate the property if the $2,000 bond is posted by noon of November 20, 2002. Mr. Kern asked who posts the bond. Mr. Magner responded the owner of record needs to post the bond. If the owner wants to have someone else post the bond, there is a form at LIEP that Mr. Fitzpatrick has to sign. Also, the 180 days begins on the day the bond is posted. If the City Council accepts the recommendation of 180 days and if 50% of the repairs are completed, Mr. Kern can apply for another 180 days. Ms. Moermond recommends granting the owner 180 days to rehabilitate the property if the $2,000 bond is posted by noon of November 20, 2002. The meeting was adjourned at 10:59 a.m. � THOMASF.EGGERT Attorney & Counselor at Law 246 South Aamline Ave. St Paul, Minnesota 55105-2403 (651)690-556t November 11, 2002 Mr. James Fitzpatrick 2012 Selby Avenue St. Paul, Minnesota 55104-5823 �Z �c�'t� S`3. Re: Property Located at 136 Wilder Street North St. Paul, MN 55104 Dear Mr. Fitzpatrick, I have been retained by Kern Lawn Service Inc. to write this letter of understanding regarding the purchase of the property located at li6 Wilder Sh�eet North. The parties have agreed that Mr. Fitzpatrick will sell the above named property to Kern Lawn Service, and have further agreed to a purchase price of $200,000.00 dollars. The parties still have some details to work out on the rest of the purchase agreement, but will work together to accomplish this in the near future. By signing below the parties have agreed in principal to work out the rest of the details regazding the purchase agreement, and will execute a purchase agreement for the property located at 136 Wilder Street North in the neaz future. The parties to this agreement understand that time is of the essence. Dated: • '�Z Dated: ��� ��.p2 �. ���v Peter Kern CFO Kern Lawn Service, Inc. r. 7ames Fitzpatric z/� ��� �. ���� Sincerely: Thomas F. rt TFE: Copy: File Kem Lawn Service, Inc. November 12, 2002 Council President Dan Bostrom 320-B City Hall 25 West Kellogg Boulevard Saint Paul, MN 55102 RE: 136 Wilder Street North Dear Council President Bostrom: �Z \U� S3. I am writing in response to the legislarive hearing regarding 136 Wilder Street North. The public hearing norice indicates that this property has been cited for 25 building code violations, nine electrical code violations, 33 plumbing code violations and 14 heating code violations. I am plaxiuiug to acquire this properiy and correct the above referenced violarions. Attached is a letter of intent between myself and the current properiy owner, Mr. James Fitzpatrick. This letter states that we are both working toward this transaction as quickly as possible. I hope to close on the property by January 15, 2003. I am aware of the code violations and plan to bring the property into compliance with all applicable codes. I haue a great deal of experience in successfully completing the renovation of similar properties. I currernly own three reside�tial rental properties in Saint Paul: a duplex at 709-7ll Hague Avenue, a four-unit building at 437 Banfil, and a duplex at 286 North Prior Avenue. All three of these properties have required substanrial rehabilitation. In addition, I am nearly finished with a complete renovarion of a single-family house at 837 Manomin, which will be my personal residence. Since I bought my first properry in 1998, I have invested over $225,000 worth of hard construction costs in renovating nine units of housing. I believe that I can correct all of the code deficiencies at 136 WIlder Street North within s'vc months of taking possession. With that in mind, I ask that the Council grant an e�ctension to complete all of the work by 7uly 15, 2003. This extension can be conditional to an executed purchase agreement or real estate transaction between Mr. Fitzpatrick and myself. This solution would help to improve the immediate neighborhood through private investment and renovation of an azchitecturally significant duplex. It would allow the City to maintain the portion of its taac base that this properiy currently contributes. Finally, it would allow me to retum two units of much-needed rental housing to Saint PauPs tight housing market. Thank you for your consideration of my request and for your service on behalf of the City of Saint Paul. Sincerely, � Peter E. Kem 709 Hague Avenue Saint Paul, MN 55104 THOMAS F. EGGERT Attorney & Counselor at Law 246 Soufh Haml"me Ava SL Panl, Mmnesofa 551052403 (651) 690-5561 November 11, 2002 Peter Kem 709 Hagae Avenue St. Paul, Minnesota 55104 02-\ o�t S3 . Re: Property Located at 136 Wllder Street North St. Paul, MN 55104 Dear Peter, Tlus letter will confirm our conference on Nwember 8, 2002, and your request that I write a letter of understanding regazding the purchase of the property located at 136 Wilder Street North from James Fitzpatrick. It is my understanding that the parties have agreed tl�at Mr. Fitzpatrick will sell ffie above named properry to Kern Lawn Setvice, and has further agreed to a purcl�ase price of $200,000.00 dollars. You still have some details to work out regarding financing and risk of loss, but these issues should be worked out in the near future. I will be available on Wednesday, November 13 in the evening to meet with you and Mr. Fitzpatrick to work out the details, and to finalize a pwchase agreement. I would tLink that we wouid have a signed purctiase ageement no later than the 19�` of November 2002. I have attached a copy of the Letter of understanding to tlris doaiment. Please have Mr. Fitzpalrick sign as well. It is my fiirther understanding that you have a hearing tomorrow that you nced to present fihe letYer of intent to purchase the properry and a time table for completing the purchase agreement. We should have ail the financing completed within 14 days after the purchase agreement is signed, and it would be my hope that we would be able to close within 45 days of the purcl�ase agreement being signed. We siill have to have the tiUe work completed and this could take some time. After the purchase agreement is signed we should pick up the abstract from Fvir. Fitzpatrick and start the UUe examination as soon as poss�ble. If the Public hearing officer has any quesrions that you cannot answer, please feel free to have them give me call. I will be on the cell phone aY the time of the hearing. If you need any[hing fiuther, please let me know. Sincerely: Thomas F. Eggert T'FE: Copy: File Kern Lawn Seivice, Inc.