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02-629ORIGINAL Presented By Referred To Council File # �al — Ga Green Sheet # I oa 3 gs RESOLUTION CITY OF SAINT PAUL, MINNESOTA 3`I 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, wood frame, single family dwelling and the detached, one-stall, oversize garage located on property hereinafter referred to as the "Subject Property" and commonly laiown as 291 Burgess Street. This property is legally described as follows, to wit: The West 26 feet 8 inches of Lot 15, Block 2, Beifelds Subdivision of Lots 12, 13 & 14 Wilkin and Hayward's Out Lots. 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 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before December 22, 2001, the following are the now known interested or responsible parties for the Subject Property: Scott Feyen, 287 Burgess St., St. Paul, NIN 55117; Scott Feyen, PO Box 0279, Spring Valley WI 54767-0279; Gary Torgerson, 1227 Oldridge Ave. N., Stillwater, MN 55082; Ron Staeheli, 358 Arbar St., St. Paul, MN 55102 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 April 18, 2002; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance buiiding(s) pursuant to Chapter 45; and WI-IEREAS, this order informed the interested ar responsible parties that they must repair or demolish the structure located on the Subject Property by May 20, 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�-��.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 Legislative Hearing Officer of the Saint Paul City Council on Tuesday, 7uly 2, 2002 to hear testunony 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 ail applicable codes and ordinances. The rehabilitarion or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 10, 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 Properiy at 291 Burgess Street: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislarive Code, Chapter 45. 2. L''� G� 7 That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placazd on the Subject Property which declares it to be a nuisance condition subject to demolition. That tlus building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolurion 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 Properiy safe and not detrimental to the public peace, heakh, 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 structure in accordance with all applicable codes and ordinances. The rehabilitation or demolirion and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. AA-ADA-EEO Employer o�,. �a� 2 3 4 5 10 11 12 2. If the above corrective action is not compieted witYun ttus period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed 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 properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date � o �� Adoption Certified by Council Secretary � Approved by : Requested by Deparirnent of: Citizen Service Office; Code Enforcement sy:' s� �.�.``.` - Form Approved by City Attorney By: � /I AA-ADA-EEO Employer Michael R. Morehead 266-8439 rn� � oa-��y HEET No1023S5 �. �� _ � �� ..�.�.�,Q��.. � �.���.�o �-� w����µ., � TOTAL # OF SIGNATURE PAGES I (CLIP ALL LOCATIONS FOR SIGNATURE) � City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 291 Burgess Street. or PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION Has Nis P�rm e.er vrorked under a contr�[ farthis tlepartmenl? VES NO Has thia Pa�sonlRim ever Deen a cilY emWuYee9 YES NO Does this persoNfum possese a sldll rot normallypossesseE by arry curteM city empbyce? YES NO Is thie persoNfirm a taryMed vendoYl YES NO OPPORTUNITV (WFw. Whaf, When, 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 paxties lrnown to the Enfarcement Officer were given an order to repair or remove the building at 291 Burgess Street by May 20, 2002, and ha�e failed to coinply with those orders. t ,,�, ;� ,- „ �?�� � � �: , �'.�' � �� � � DVANTAGESIFAPPROVED � ' ° °�' - H �� �"��.' il �s �s�l The City will eliminate a nuisance. � ,t����' Ca�.�� �a "_. ���#��� The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properry, A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. $6,000-$7,000 CpyT�qEyENUEBU06ETm(CIRCLEONk� /rES r ) Na SOURCE T.,.:....,,..oi7..,.�;,,.. Al..,ro...o.,t ACTIVITYNUMBER ����7 INFORMAiION (IXPWN) � AA-ADA-EEO Employer , CITIZEN $ERVICE OFF[CE DortaldJ Lurta, City Clerk DIVISION OF PROPERN CODE EYFORCEMENT O?. � ys � Hfichaei R. Morehead, Progr¢m Manager CTTY OF SAII�IT PAIJI, = Nuisance Building Code Enforcemen[ Randy C. Ke[ly, Mayor I S W. Kellogg Blvd. Rm. 190 Te[: 651-266-8440 Sain[Paul,MN55l02 Fax:651-2668426 May 31, 2002 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 291 Burgess Street The City Council has scheduled the date of these hearings as foilows: Legislative Hearing - Tuesday, July 2, 2002 City Council Hearing - Wednesday, July 10, 2002 The owners and responsible parties of record are: Name and Last Known Address Scott Feyen 287 Burgess St. St. Paul, MN 55117 Scott Feyen PO Box 0279 Spring Valley WI 54767-0279 Gary Torgerson 1227 Oldridge Ave. N. Stillwater, MN 55082 Ron Staeheli 358 Arbor St. St. Paul, MN 55102 Interest Fee Owner Fee Owner Interested Party Judgment Creditor AA-ADA-EEO Employer az-c.�y REPORT Date: July 2, 2002 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer 1. Laid over summary abatements: 1140 Albemarle Street (J0202AA) Legislative Hearing Officer recommends approval. 962 Burr Street (J0202AA) Legislative Hearing Officer recommends reducing the assessment from $298 to $153 plus the $45 service fee for a total assessment of $198. 814 Aurora Avenue (J0202AA) Legislative Hearing Officer recommends approval. � 2. Resolution ordering the owner to remove or repair the building at 291 Burgess Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. 3. 962 Burr Street (J0201 V) (Note: tYus assessment has already been ratified by the City Council) Legislative Hearing Officer recommends delering the assessment if the vehicle was towed from the street. This matter will be looked 'anto further. �i'il 291 Burgess Street �� � �,� May 31, 2002 Page 2 The legai description of this property is: The West 26 feet 8 inches of Lot 15, Block 2, Beifelds Subdivision of Lots 12, 13 & 14 Willtin and Hayward's Out Lots. Division of Code Enforcement has declared this buildin�(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 elnninate this nuisance condition by correcting the deficiencies or by razing and removing this buiiding(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as ta�ces. Sincerely, �teve �a�rcer Steve Magner V acant 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 AP.-ADA-EEO Employer C�Z-�Zq ��. MINUTES OF TT-� LEGISLATIVE HEARING Tuesday, 3uly 2, 2002 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 10:01 a.m. STAFF PRESENT: John Betz, Code Enforcement; Dennis Senty, Code Enforcement Laid over summary abatements from June 11, 2002: 1140 Albemarle Street (J0202A) (No one appeazed to represent the properiy.) Gerry Strathman recommends approval. 814 Aurora Avenue (J0202A) (No one appeazed to represent the properry.) Gerry Strathman recommends approval. (Note: the owner arrived late; this matter was discussed later in the meeting.) 962 Bun Street (J0202A) Nayfeh Wraidat, owner, appeazed and stated that when he came back from Europe, he found out a caz had been taken from the street, but the car does not belong to him. He does not know whose car it is. The caz was behind the building at one point. Gerry Strathman stated the paperwork in front of him is about discarded appliances and rubbish. Mr. Wraidat responded the two lots behind the building do not belong to him. He was there when the City came to clean it up. He cleans about 50 feet behind the store. Mr. Strathman asked was his lot clean. Mr. Wraidat responded he cleans every day. John Betz reported there are two matters here. One is a vehicle impounded. The owner was out of the counhy and did not receive notice. The vehicle may have been towed from the street. The police o�cer wrote that it was already towed when he got there. This matter has already been ratified by the City Council. Mr. Strathman asked is there a way to find out where the vehicle was towed. Mr. Betz responded he probabiy can track that down. , If it was towed from his properiy and Mr. Wraidat did not get the notice, stated Mr. Strathman, then the assessment should stand. If it was towed from the street, then it is not the owner's LEGISLATIVE HEARING MINUTES OF JULY 2, 2002 o�ZG ��- Page 2 responsibility. It does not matter who owns the velucle; if it was on the owner's properiy, then it is the owner's responsibility. If the caz was on the street, Mr. Strathman stated, he will do what is necessary to get the assessment deleted. The owner should cail Mr. Betz in about a week to see where the vehicle was moved from. (At this point, the discussion moved to the clean-up at this property. A videotape was shown.) Mr. Strathman stated he did not see the appliances and vehicle parts that aze listed on the work order. He saw plywood and some other tlungs. It did not look that bad. (The videotape was viewed again.) Gerry Strathman recommends reducing the assessment from $298 to $153 plus the $45 service fee for a total assessment of $198. The assessment is a little higli for what was picked up. (Regazding the assessment that has aiready been ratified by the City Council, Mr. Strathman's decision is pending.) � Resolution ordering the owner to remove or repair the building at 291 Burgess Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeazed to represent the properiy. Dennis Senty submitted photographs.) Dennis Senty reported the building has been vacant since October 1, 2001. The current owner is Scott N. Feyen, who is now deceased. There have been five summary abatement notices to remove refuse, secure structures, and cut tall grass. On April 9, 2002, an inspection of the building was conducted, a list of deficiencies which consritute a nuisance condition was developed, and photographs were taken. An order to vacate a nuisance building was issued on April 18, 2002, with a compliance date of May 20, 2002. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees have been paid. Real Estate taYes aze unpaid in the amount of $6,293. Taxation has placed an estimated mazket value of $3,200 on the building; $15,000 on the land. As of July 2, 2002, a code compliance inspection has not been applied for, and the $2,000 bond has not been posted. Code Enforcement O�cers estimate the cost to repair is $40,000 to $50,000; estimated cost to demolish, $6,000 to $7,000. Gerry Strathman asked who is Gary Torgerson; he is listed as an interested party. Mr. Senty responded Mr. Torgerson rehabilitates homes. Just prior to his death, Mr. Feyen put all his properties and assets into Mr. Torgerson's name. Code Enforcement has not seen anything filed to the effect that Mr. Torgerson is taking any responsibility for this properiy. He did register this properry on behalf of Mr. Feyen when the fees were first paid. Gerry Strathman recommends approval. LEGISLATIVE HEARING MINUTES OF JULY 2, 2002 814 Aurora Avenue (J0202A) o�c�2� -�� . Page 3 Dorothy Shelby, owner, appeazed and stated this property belonged to her mother, who died in October. (A videotape was shown.) Nir. Strathman stated there were leaves, small appiiances, etc. Ms. Shelby stated she thought their trash service was picking up the garbage. She received a notice from the City and called twice because she was not sure what was going on. She never received a retum ca11. She called again. At the time, she was living in Minneapolis. All of a sudden, she went to the property, and the items were gone. Mr. Strathman stated he does not know why she was unable to talk to the inspector. An order was issued on February 25 and another order was issued on Mazch 5. The City did not clean it up until Mazch 22, 2002. There were 17 days between the last notice sent and the City crew doing the work. That should have been enough time to take care of it. Ms. Shelby responded her mother died suddenly, there were a lot of things pending, and Ms. Shelby had a lot to do. She was planning to do it because she is not the type of person to leave things like this undone. Mr. Strathman stated the basic requirements aze that the owner is notified, the owner is given an opportunity to make the carrections, and the City does the work if the owner does not. It looks like the owner was notified twice, Ms. Shelby was given the opportunity to clean it up, she did not do that, and the City did the work. That is the reason she is being charged. Gerry Strathman recommended approval. The meeting was adjourned at 1031 a.m. ��r,i