02-577ORIGINAL
Presented By
Referred To
Council File # O�. —$'I7
Committee: Date
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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 or
wrecking and removal of a one and one-half story, wood frame, single family dwelling located on
property hereinafter referred to as the "Subj ect Property" and commonly irnown as 696 Tuscarora
Avenue. This properiy is legally described as follows, to wit:
Lot 1, Block 1, Asylum Addition No. 1 to the City of St. Paul, Minn.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Division of Code Enforcement on or befare December 7, 2001, the following are the now
lmown interested or responsible parties for the Subject Property: Joseph Ubl, 696 Tuscarora Ave.,
St. Paul, MN 55102; Joseph iJbl, 1231 Dwane St., South St. Paul, MiV 55075; Joseph Ubl,
100 West Imperial Dr. #102, West St. Paul, MN SSll8; Dean Peters, PO Box 76316, St. Paul, MN
55175; Raymond Aessler, Aessler Properties Inc., 1171 Jackson St., St. Paul, 55117; TCF National
Bank, 801 Marquette Avenue, Mpls., MN 55402; Michael C. Glover, 6160 Summit Dr. Ste. 560,
Mpls., Mn 55430
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 March 29, 2002; and
WHEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subj ect 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 Apri129, 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 demoliUon; 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
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REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paui City
Council on Tuesday, June 11, 2002 to hear testimony and evidence, and after receiving testimony and
evidence, made the recommendation 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 welfare and
remove its blighting influence on the community by rehabilitating this structure 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 of the shucture 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, 7une 26,
2002 and the testimony and evidence including the action taken by the Legislative Hearing Officer was
considered by the Council; now therefare
BE TT 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 696 Tuscuora Avenue:
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That the Subject Property 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 ar 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 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 Enfarcement, 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.
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The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Sub}ect 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 altemative by demolishing and removing the structure 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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ORIGINAL
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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 shucture, 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
property 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 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.
Requested by Department of:
Citizen Service Office; Code Enforcement
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Adoptedby Council: Date
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Adoption Certified by Council cretary
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Form Approved by City Attorney
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COMACT PFRSON 8 PHONE
Michael R. Morehead 266-8439
MUST BE ON COUNCIL AGRJDA BY (DATE1
TOTAL # OF SIGNATURE PAGES
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GREEN SHEET
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City Council to pass this resolufion 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 696 Tuscarora Avenue.
PLANNING COMMISSION
CIB CAMMffTEE
CML SERVICE COMMISSION
Has this pe�so�rm ener warketl untler a contract for this depaAmerA�
YES NO
Fias thia P�eon/frm aver been a ciry empbyee9
YES NO
Does Mis peisoNfrm possesa a sldll twt nwmallyposswsed by anY uirteM city employee?
YES NO
Is Mis perSONfirm a taipeted vendo(1
YES NO
This building(s) is a nuisance building(s) as defined 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 lrnown to the Enforcement
Officer were given an order to repair or remove the building at 696 Tuscarora Avenue by Apri129, 2002, and haue
failed to comply with those orders. y
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The City will eliminate a nuisance.
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° I�`1'����` F w�1P P SP�t'1�CPfunds to wreck and remove this buiiding(s). These costs will be assessed to the properry,
collected as a special assessment against the property taxes.
A nuisance condition wili remain unabated in the City. This building(s) will continue to blight the community.
AMOUNT OP TRANSACTION S $5.000 -$6.000 COST/REVENUE BUDGETED (CIRCLE ON� � NO
�c souRCe Nuisance Housing Abatement ACTIVITY NUMBER 33261
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M�� 2 � 2002
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REPORT
Date: June 1 l, 2002
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Boulevard
LEGISLATIVE HEARING
Gerry Strathman
Legislative Hearing Officer
1. Laid over summary abatements from May 14, 2002:
1104 Rice Street (J0106AAA)
Legislative Hearing Officer recommends approval of the assessment.
1514 York Avenue (J0201A)
Legislative Hearing Officer recommends approval of the assessment.
2. Summary Abatements:
J02TRASHIQ Provide weekly garbage hauling service for the first quarter of
2002;
J0202A Property clean-up during part of March 2002;
J0202B Boarding up of vacant buildings for February 2002;
J02SNOW1 Snow/ice removal and/or sanding of walks for part of March 2002.
1164 Western Avenue North (J0202B)
Legislative Hearing Officer recommends approval of the assessment.
1188 Marion Street (J0202A)
Legislative Hearing Officer recommends approval of the assessment.
1286 Rice Street (J02TRASHIQ, J0202A)
Legislative Hearing Officer recommends laying over to the July 9, 2002, Legislative
Hearing.
(Note: At the meeting, the Legislative Hearing Officer's recommendation was to lay over
to July 2; however, the owner would like these assessments to be heard with a pending
one on July 9.)
814 Aurora Avenue (J0202A)
Legislative Hearing Officer recommends laying over to the July 2, 2002, Legisiative
Hearing.
962 Burr Street (J0202A)
Legislative Hearing Officer recommends laying over to the July 2, 2002, Legislative
Hearing.
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LEGISLATIVE HEARING REPORT OF JLJNE 11, 2002
914 Edmund Avenue (J0202A)
Legislative Hearing Officer recommends deleting the assessment.
Page 2
3. Summary abatement at 1461 Westminster Street. (J0201�
(Note: Councilmember Jun Reiter referred this matter back to the Legislative Hearing
Officer. This assessment has already been ratified by the City Council.)
Legislative Hearing Officer recommends that Councilmember Reiter introduce a
resolution to reduce the assessment from $917.05 to $555.00 plus the $45 service fees for
a total assessment of $600.
4. J0106AAAA - Laid over summary abatement for 1109 Magnolia Avenue East.
Legislative Hearing Officer recommends deleting the assessment.
5. Resolution ordering the owner to remove or repair the building at 174 Charles
Avenue. If the owner fails to comply with the resolution, Code Enforcement is
ordered to remove the building.
Legislative Hearing Officer recommends granting the owner six months to complete the
rehabilitation of this building.
� 6. Resolution ordering the owner to remove or repair the building at 696 Tuscarora
Avenue. If the owner fails to comply with the resolution, Code Enforcement is
ordered to remove the bnilding.
Legislative Hearing Officer recommends approval.
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MRIIJTES OF Tf� LEGISLATIVE HEARING
Tuesday, June 11, 2002
Room 330 Courthouse
Gerry Strathman, Legislative Hearing Officer
The meeting was catled to order at 10:00 am.
STAF'F PRE3ENT: Jobn Betz, Code Bnforeemexit; Steve Maguer, Code Enforcement
Laid over summary abatements from May 14, 3002:
1104 Rice Street 70106AAA)
(No mae ap�ared to represeni the property.)
Gerry Strathman recommends approval.
1514 York Avenue (J0201A)
(No one appeazed to represent the properry.)
Gerry Strathman recommends approval.
Summary Abatements:
J02TRASHiQ Provide weekly garbage hauling service for the first quarter of 2002;
J0202A Property clean-up during part of March 2002;
J02fl2B Boarding up of vacant buildings for February 2002;
J02SNOi�i Saow�ce removal and/or sanding of walks for part of March 2002.
1164 Westem Avenue t�iorth (70202B)
(No one appeazed to represent the property.)
Gerry Strathman recommends approval of the assessment.
11$8 �aaican Street (J0202eh)
(No one appeazed io represent the properiy.)
Gerry Strathrnaa recommenrls appr�val of thE assessment.
1286 Rice Street (J02'i'RASHIQ, J0202A)
Peggy Franzwa, owner, appeazed.
John BeYZ reported that the owner did not send in her green cazd; therefore, the file and videotape
aze not available.
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LEGISLATIVE HEARING MINIJTES OF JIJNE 1 l, 2002 Page 2
Gerry Strathman recommends laying over to the 7uly 9, 2002, Legislative Hearin�.
(Note: At this hearing, Gerry Strathman recommended laying over to July 2; however, Ms.
Franzwa has an assessment scheduled for the July 9 Legislative Hearing, and she would prefer to
hear all her assessments on that day.)
814 Aurora Avenue (J0202A)
Domthy Shelby, owner, appeared.
John Betz reported 4hat the owaer did not send in her green cazd; therefore, the file and videotape
aze not availabie. �
Gerry Strathman recommends laying over to the July 2, 2002, Legislative Hearing.
962 Burr Street (70202A)
Nayfeh Wraidat, owner, appeared. He stated it is not his properry where the items were cleaned
up.
John Betz reported Yhat the owner did not send in his green cazd and, therefore, the files and
videotape are not available. He wiIl look at the videotape, go out to the site, and possibly make
the det�+�nation that is it not his property.
Gerry Strathman recommends laying over to the July 2, 2002, Legislative Hearing. Mr. Betz will
look into the issue. If the matter is still unresolved, iY wiil be discussed on July 2.
914 Edmund Avenue (J0202A)
Tohn Betz reported Parks and Recreation Department cleaned up something minor, but not what
was on the work order.
Gerry Strathman recommends deleting the assessment.
Summary abatement at 1461 Westm�ster 3treet, (J0�01�
(Note: 3'his assessment was ratified by t�e City Council on 1vlay 22, 2002. �ouncilmember Jim
Reiter refe�ed lhis mauer back to the Legislative Hearing Officer. )
Fiora Banjamin, o��, aggseared aud stated s}�e received a letter telling her to tow the car from
the backyard. The next day, the caz was gone. She did not come to the legislative hearing last
month because she did not receive a notice. She was bilied $171 for the towing of the car. The
total charge is $917.
Gerry Strathman stated this was a vehicle towed in October. Ms. Benjamin responded yes.
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LEGISLATIVE HEARING MINIJTES OF 7CTNE 11, 20Q2
Page 3
Mr. Strathman asked what she was looking for. Ms. Benjamin responded a cheaper price. The
vehicle was sold. Mr. Strathman added it was sold for $38.
Mr. Strathman stated this is an imusual situation because he usually heazs these matters before
they go to the City Council; however, Councilmember Reiter asked that he hear this.
C,erry Strarhm� ��� ���� Reiter �at he mtroduce a resolution to reduce
the assessmeat from $917.05 to $555.00 plus the $45 service fees for a total assessment of $600.
It seems the assessment is proper, but the chazge is unusually lugh.
J0106AAAA - Laid over summary abatement for 1109 Magnolia Avenne East.
Duane Spicer, 4659 Diamond Lane, Atwater, owner, appeazed and stated he has been remodeling
this home since 1998. There was pallets and plaster in a garbage can in the backyard. He was
slowly hauling items ase�ay. There were things in the backyazd that he didn't think were very bad.
He believes he should have been notified before the City did this.
John Betz reported orders that were mailed to the owner and the occupant were rehuned by the
post office.
Mr. Spicer stated he did put in a change of address. His taxes go to his address in Atwater,
Minnesota.
Mr. S stated #he notices for this properiy were mailed in October and November. He
asked where IVPr. Spicer was living the�. Mr. Spicer responded he was living in Wilmar. The
post offit°� f�rwazded mail for six mn�ss he went back ta reqaest another six months.
{Mr. Spicer showed some mail documents.)
Mr. Strathman asked did he have any mail that was forwarded by the post office. Mr. Spicer
_responded no.
Mr. Sfrathman asked would this have occurred in the period of time his mail was returned. Mr.
Spicer resgonded he �oved out ta �ilmar ffi Nlazch 2400
Mr. Strathman asked how the City was suppose to contact 2�im if the post office is no longer
forwarding mail. ivIr. Spicer responded he syra°sghtened �t out with Itamsey County Taxes and
they started mailing iiis taxes there.
(Mr. Strathman looked at several envelopes that were mailed to Mr. Spicer.)
Mr. Strathtnan stated one document was mailed from Ramsey County Records on May 1, 200Q
and it shows Mr. Spicer's new address.
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LEGISLATIVE HEARING MINUTES OF JCJNE 11, 2002 Page 4
Mr. Betz stated this assessment was initiated in June 2001. They were changing programs at one
time.
Gerry Strathman recommends deleting the assessment due to lack of proper notification.
Resolution ordering the owner to remove or repair the building at 174 Charles Avenue. If
the owaer fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
(Steve Magner submitted photogaphs.)
Mazk Hebert, representing Remax, 7450 France Avenue South, Minneapolis, appeazed.
Steve Magner reported this building was condemned in August 2001. It has been vacant since
Apri113, 2001. The current owner is Bauk One. T'here have been four summary abatement
notices to remove snow and ice, secure front door, and remove graffiti. On April 16, 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 Apri125, 2002, with a compliance date of May 10. As of this date, this property
remains in a condition which comprises a nuisance as defined by the legislative code. The vacant
building fees �ave been paid. Real estate taxes are unpaid in the amount of $707.91. Taxation
has p3aced amm estimated aear�et value of $8,500 on �e land and $35,000 on the building. On
May 15, 2002, a code compliance inspection was done. On May 23, the $2,000 bond was posted.
Code Enforcement has estimated the repairs to be $50,000 to $60,000; estimated cost to
demolish, $8,500 to $10,000.
Mr. Magner stated Mr. Hebert has a potential buyer and a purchase agreement with a developer
that has doae a number of prflperties. They aze waiting to close. Then, they will pull the permits
and do #he rehabili#ation_ They aze seeking 1 RU days to do that. Mr. Hebert concurred.
Gerry Strathman recommends granting the owner six months to compiete the rehabilitation of
this building.
� Itesolution ordering the owner fo remove or repair fhe building at 596 Tuscarora Avenue.
If the mvner fails to r.omply wiil� �he resolm#ion, Code Enforcement is ordered to remove
the building.
(Steve Magner submi�ted photographs.)
(No one appeazed to represent the properry.)
Gerry Strathman stated he received an e-mail from Racquel Naylor indicating Raymond Hessler
called her and said he had a fanuly emergency and could not attend the meeting today, but he is
willing to post a hond.
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LEGISLATIVE HEARiNG MINiJTES OF JiJNE 11, 2002 Page 5
Steve Magner reported this properry was condemned June 2001 and has been vacant since then.
The current owner is Joseph Ubl. Per information from Raymond Hessler, a developer, Mr. Ubl
has quick claimed the properry to Mr. Hessler. Five summary abatement notices have been
issued to remove snow and ice, remove debris in yazd, secure building. On Mazch 20, 2002, an
inspecEioa� of the building was conducted, a list of deficiencies which constitute a nuisance
condition was develo�si, and photographs were taken. An order to abate a nuisance building
was issued on Mazch 29, 2002, with a compliance date of Apri129. As of tlus date, this property
remains in a condition which comprises a nuisance as defined by the legislative code. The
vacant buiiding fees have been paid Reat Estate taxes aze unpaid in the amount of $1,254.24.
TaYation has placed an estimated market value of $4,600 on the land aud $37,600 on the
building. A code compliance inspection was done on April 16, 2002. As of June 11, the $2,000
bond has not been posted. Code Enforcement estimates to cost to repair is $40,000 to $50,000;
estimated cost to demolish, $5,000 to $6,000.
Mr. Magner stated he aiso received a phone call from Raymond Hessler that he was unable to
attend tha meeting because lus father had passed away. He is interested in posting the bond.
Gerry Strathman stated this building looks temble from the photographs. He asked is it a serious
candidate for rehabilitation. Mr. Magner responded the property is in a poor, dilapidated
condition. Mr. Hessler said on the telephone today that he never boughi this property; it was
quick claimed to him a yeaz ago. Mr. Hessler planned to make payments for a couple of months,
but he t�as now been doing it for over a yeaz. If he can cleaz ritle, he can rehabilitate it. That is
why Mr. Magner suggested to Mr. I�essler that he contact Mr. Strathman to request a layover on
this properry.
Mr. Stra#�man s#ated fie is retacem io ailow this si#uation to coatinue for six months. Mr. Magner
responded Mr. Hessler does not haue cleaz title. This is a very diiapidated building that needs
eatensive work. Mr. Magner does not feel comfortable just giving him 180 days.
Gerry Strathman recommends approval of the resolution. Mr. Hessler can come to the City
Council mee6ng on June 26 and present his case there. His office and Mr. Magner's office will
aftempt Yo nolify Mr. Hessler. Mr. Magner responded he will call Mr. Hessler about this issue.
A lettershould be maiied to hffi alsa.
The meeting was adjoumed at i 036 a.m.
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CITIZEN SERV ICE OFF[CE
Donald J. Luna, Ciry C[erk
D[VISION OF PROPERTY CODE ENFORCEMENT O3 ��'
Mich¢e! R. Morehead, Program Man¢ger
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
Mary 17, 2002
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NOTICE OF PUBLIC HEARINGS�`�� `" � �"`
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Council President and
Members of the City Council
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:
696 Tuscarora Avenue
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, June 11, 2002
City Council Hearing - Wednesday, June 26, 2002
The owners and responsible parties of record are:
Name and Last Known Address
Joseph Ubl
696 Tuscarora Ave.
St. Paul, MN 55102
Joseph Ubl
1231 Dwane St.
South St. Paul, MN 55075
Joseph Ubl
100 West Imperial Dr. #102
West St. Paul, MN 55118
Dean Peters
PO Box 76316
St. Paul, MN 55175
Nuisance Buildimg Code Enforcement
15 W. Ke[[ogg B[vd. Rm. !90 Tel: 651-166-8440
SaintPaul,MN5S102 Faz:651-266-8426
Interest
Fee Owner
Fee Owner
Fee Owner
Interested Party
P.A-ADA-EEO Employer
696 Tuscarora Avenue
May 17, 2002
Page 2 O�,�Sr11
Name and Last Known Address
Raymond Hessler
Hessler Properties Inc.
1171 Jackson St.
St. Paul, 55117
TCF National Bank
801 Mazquette Avenue
Mpls., MN 55402
Michaei C. Glover
6160 Summit Dr. Ste. 560
Mpls., Mn 55430
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The legal description of this property is:
Interest
Interested Party
Judgment Creditor
Jud�ment Creditor's Atty.
Lot 1, Block 1, Asylum Addition No. 1 to the City of St. Paul, Minn.
Division 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 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 Bnforcement to proceed to demolition
and removal, and to assess the costs incurred against the real estate as a special assessment to be
coltected in the same manner as taxes.
Sincerely,
�teve �a�rter
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-Housing Division
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