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02-900co,���i F�ie # aa- 9,00 Green Sheet # 0 a RESOLUTION CITY OF SAINT PAUL, MINNESOTA l Presented By Referred To 1`�' Date �� .( (� 2 � 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 37 WHEREAS, Citizen Service Office, Division of Code Enfor ement has requested the City Council to hold public hearings to consider the advisability and n essity of ordering the repair or wrecking and removal of a one-story, wood frame, single famiy welling with an attached, one-stall, brick garage located on properiy hereinafter refened to as the ubject Property" and commonly lmown as 130 Sycamore Street East. This property is legally desc � ed as follows, to wit: Lot 1, Block 9, Edmund Rice's Second Additio o the City of St. Paul, EXCBPT the Southerly 88 feet thereof. WHEREAS, based upon the records in obtained by Division of Code Enforcement on known interested or responsible parties for th� 1146 Rice St , Saint Paul, NIlV 55117; Tho s Saint Paul, MN 55117-0075; Michael L. s County Human Services Dept., 160 E. log� 1146 Rice St , Saint Paul, MN 55117; aymot WHfiREAS, Division of Chapter 45 of the Saint Paul Building(s)" dated June 5, 2i WHEREAS, this structure located on the ; WHEREAS, demolish the structu building(s) to � amsey County Recorder's Office and information before February 2, 2002, the following are the now �ubject Property: Thomas 7. & Carol A. DeLisle, J. & Carol A. DeLisle, PO Box 17065, �n, 130 Sycamore St. E., Saint Paul, MN 55117; Ramsey Blvd., Saint Paul, MN 55101; 7effrey T. DeLisle, d Aquirre, 66 E. 9�' St. #2006, Saint Paul, MN 55101 Enforcement has served in accordance with the provisions of -e Code an order identified as an "Order to Abate Nuisance informed the then known interested or responsible parties that the t Properiy is a nuisance building(s) pursuant to Chapter 45; and informed the interested or responsible parties that they must repair or on the Subject Property by July 8, 2002; and enfarcement officer has posted a placard on the Subj ect Property declaring this a nuisance condition; subject to demolition; and WHE AS, this nuisance cotidition has not been corrected and Division of Code Enforcement requested t t the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council d 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 OL—qoo 2 3 4 5 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 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, September 10, 2002 to hear testimony and evidence, and after receiving testunony 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 welfaze and remove its blighting influence on the community by rehabilitating thi structure in accordance with all applicable codes and ordinances, or in the altemative by de olishing and removing the structure in accordance with all applicable codes and ordinances. The reh ilitation or demolition of the structure to be completed within fifteen (15) days after the date of the C, cil Hearing; and WHEREAS, a hearing was held before the Saint Paul City ( 25, 2002 and the testimony and evidence including the action taken was considered by the Council; now therefore on Wednesday, September Legislative Hearing Officer BE IT RESOLVED, that based upon the testunony and e�idence presented at the above referenced public hearings, the Saint Paul City Council hereby�dopts the following Findings and Order concerning the Subject Property at 130 Sycamore Street Easy 1. That the Subject Property comprises a nuis�nce condition as defined in Saint Paul Legislative Code, Chapter 45. � �i� � 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. 4. 5. 6. That there now exists and has Subject Property. That an Order to Abate parties to correct the de That the deficiencies That Division of ( declares it to be a That this of Code ] multiple Housing or Building code violations at the Building(s) was sent to the then l�own responsible or to demolish and remove the building(s). this nuisance condition have not been corrected. Enforcement has posted a placard on the Subject Property which �nce condition subj ect to demolition. has been routinely monitored by the Citizen Service Offices, Division Vacant/Nuisance Buildings. 8. That the lrn wn interested parties and owners are as previously stated in this resolution and that notification requirements of Chapter 45 have been fulfilled. ORDER The Saint aul City Council hereby makes the following arder: 1. The ab e referenced interested ar responsible parties sha11 make the Subject Property safe and not trimental to the public peace, health, safety and welfare and remove its blighting influence on e community by rehabilitating this structure and correcting all deficiencies as prescribed in t e 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 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�.-`�o b 2 2. If the above corrective action is not completed within this period of time the Citizen S ice 3 Office, Division of Code Enforcement is hereby authorized to take whatever steps necess� 4 to demolish and remove this structure, fill the site and charge the costs incurred a-" st the 5 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legi ' arive Code. 7 3. In the event the building is to be demolished and removed by the City of S' t Paui, all personal S properry or fixtures of any kind which interfere with the demolition and r oval shall be 9 removed from the property by the responsible parties by the end of this me period. If all 10 personal property is not removed, it shall be considered to be abandon�d and the City of Saint 11 Paul shall remove and dispose of such property as provided by law/ 12 13 4. It is further ordered, that a copy of this resolution be mailed to�owners and interested parties in accordance with Chapter 45 of the 5aint Paul Legislative C de. by Department of: Citizen Service Office; Code Enforcement Adopted by Council: Date Adoption Certified by Council Secretary s Approved by Mayor: Date : AA-ADA-EEO Employer By: � Form Approved by City Attorney fj y, qoo Division of Code Enforcement Andy Dawlans 266-8427 !�► 1NI��ER iOR ROVfIlW ORDER TOTAL � OF SIGNATURE PAGES GREEN SHEET No i 02401 ��.�. � CIIYAiTdtlEY �_ ❑ C11YClFAK ❑ A11111OALfERVICFiGYt ❑ AIi111OfliFA'll/IICCiO I lMVdtlalAfSSrM+II ❑ (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 130 Sycamore Street East. PLANNING COMMISSION CIB COMMITTEE CML SERVICE COMMISSION Has th� persorJfirtn ever wwked under a caMract farthis departmeM? VES NO Vies ttds a�soNfirtn ever heen a aty empwyee9 YES NO Doec Nis PersoMrtn possess a sldN no[ norma��YD�sessetl DY anY curreM citY emDloYee? YES NO Is this persoNfirm a targe[etl vendoY7 VES NO �Fiylain all yes ansNeis on separste sheet and allach to preen sheet '��ii nw g�s as c`�le"�i�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 known to the En£orcement Officer were given an order to repair or remove the building at 130 Sycamore Street East by 3uly 8, 2002, and have failed to comply with those orders. The City will eliminate a nuisance. AUG 2 � 2002 � �" . ,.. . � The City will spend funds to wreck and remove this .building(s). These costs will be assessed'to the property, A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. COET/REVENUE BUDfiE7E0 (CIRCLE ONk7 ( YES/ NO SOURCE TT�iie�nnPT7rn�cina Ohotcmant ACTIVITYNUMBER '�'�'�7 INFORMATION (IXPWIQ , . AA-ADA-EEO Employer t', CITY OF SAINT PAUL Randy C. Kelly, Mayor Au�ust 16, 2002 C[T[ZEN SERVICE OFFICE Dortald J. Luna, City Clerk D[VISION OF PROPERTY CODE ENFORCEMENT � p��l� Andy Dawki2t, Program Manager Nursance Building Code Ersforcemen! 15 W. Ketlogg Btvd. Rm. 190 ?et: 651-266-8440 Saine P¢u1, �»!01 Fax: 65l-266-8426 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: 130 Sycamore Street East The City Council has scheduled the date of these hearings as follows: �; r" , r ,,,, . _. _. �, � ' j� �". ��, _i_v1 � J ,�u� ->. z 2ao? t � � � I � � - ,'� Legislative Hearing - Tuesday, September 10, 2002 City Council Hearing - Wednesday, September 25, 2002 The owners and responsible parties of record are: Name and Last Known Address Thomas J. & Cazol A. DeLisle 1146 Rice St Saint Paul, MN 55117 Thomas J. & Carol A. DeLisle PO Box 17065 Saint Paul, MN 5 5 1 1 7-0075 Michael L. Hanson 130 Sycamore St. E. Saint Paul, MN 55117 qA-ADA-EEO Employer Interest Fee Owners Fee Owners Putative owner per an unrecorded warranty deed 130 Sycamore Street East August 16, 2002 Page 2 Name and Last Known Address Ramsey County Human Services Dept. 160 E. Kellog� Blvd. Saint Paul, NL�i T 55101 Jeffrey T. DeLisle 1146 Rice St Saint Paul, MN 55117 Raymond Aquirre 66 E. 9�` St. #200b Saint Paul, MN 55101 The legal description of this property is: Interest Tas Lienor Interested Party Interested Parry b a_�.�o Lot i, Block 9, Edmund Rice's Second Addition to theCity of St. Paul, EXCEPT the Southerly 88 feet thereof. Division of Code Enforcement has declazed 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 conecting 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 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 taxes. Sincerely, ��eve �a�ner Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Ber�, Building Inspection and Desi� Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PBD-Housing Division AA-ADA-EEO Employer 01-`� REPORT Date: September 10, 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 abatement from 8-13-02: J0203V W- Towing of abandoned vehicle(s) from 1105 Dale Street North. Legislative Hearing Officer recommends approval of the assessment. 2. Summary abatements: J0201G Grass cutting by private contractor during part of May 2Q02 through part of June 2002; J02TRASH2Q Provide weekly garbage hauling service for the second quarter of 2002; J0203C Demolitions of buildings from June 2002 to part of July 2002; JOZOSA Property clean-up for part of May 2002 through part of Jnly 2002; J0205B Board-up of vacant buildings for May 2002. 690 Lawson Avenue East (J0201 G) Legislative Hearing Officer recommends deleting the assessment. 1459 Sherburne Avenue (302TRASH2Q) Legislative Hearing Officer recommends approval of the assessment. 391 Case Avenue (J0205A) Legislative Hearing Officer recommends approval of the assessment. 815 Charles Avenue (J0205A) Legislative Hearing Officer recommends laying over to the October 1, 2002, Special Legislative Hearing. 489 Hatch Avenue (J0205A) Legislative Hearing Officer recommends approval of the assessment. 1740 Srillwater Avenue (J0205A) Legislative Hearing Offlcer recommends laying over to the October 1, 2002, Special Legislative Hearing. 857 Jenks Avenue (d0203C) Legislarive Hearing Officer recommends deleting the assessment. ba `� LEGISLATIVE HEARING REPORT OF SEPTEMBER 10, 2002 Page 2 1436 Ravmond Avenue (J0205B) Legislafive Hearing Officer recommends approval of the assessment. 3. Summary Abatements: J0202G Grass cutting by private contractor for part of July 2002; J0204V Towing of abandoned vehicies from private property for Apri12002 and part of May and June 2002 J0206A Property clean-up for part of July 2002; J0206B Boarding-up of vacant buildings for June and July 2002. 1011 Conway Street (70204� Legislative Hearing Officer recommends laying over to the October l, 2002, 5pecial Legislative Aearing. 490 Edmund Avenue (J0204V) Legisiative Hearing Officer recommends approval of the assessment. 1504 Sherburne Avenue (J0204� Legislative Hearing Officer recommends reducing the assessment from $512.05 to $155 plus the $45 service fees for a total assessment of $200. 1816 Stillwater Avenue {J0206A) Legislative Hearing Officer recommends approval of the assessment. 837 Fourth Street East (702Q6B) Legislative Hearing Officer recommends approval of the assessment. 931 Mazshall Avenue (J0204V) Legislative Hearing Officer recommends approval of the assessment. 1416 Park 5treet (J0206A) Legislative Hearing O�cer recommends approval of the assessment. 1630 Reanev Avenue (J0204� Legislafive Hearing Officer recommends approval of the assessment. 846 Van Buren Avenue (J0204V) Legislafive Hearing Officer recommends approval of the assessment. 719 Case Avenue (70206A) Legislaflve Hearing Officer recommends laying over to the October 1, 2002 Special Legislative Hearing. O? — `�ac LBGISLATIVE HEARING REPORT OF SEP'I'EMBER 10, 2002 Page 3 4. Laid over summary abatement from 8-13-02: J0203WW - Towing of abandoned vehicle(s) from 1569 Stillwater Avenue. Legislative Hearing Officer recommends reducing the assessmern from $1509.10 to $430 plus the $7� service fees for atotal assessment of $500. 5. Appeal of summary abatement order at 1240 Berkelev Avenue. (Rescheduled from 8-27-02) Legislative Hearing Officer recommends laying over to the November 12, 2002 Legislarive Hearing. 6. The fotlowing assessment has already been rafified by the City Council: 522 Lawson Avenue East Legislative Hearing Officer recommends approval of the assessment. 7. Laid over summary abatement from 8-27-02: J0204AA - Property clean-up at 1194 Albemarle Street. Legislative Hearing Officer recommends laying over to the October 8, 2002, Legislative Hearing. � 8. Resolution ordering the owner to remove or repair the property at 130 Svcamore Street East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (This property was demolished by the owner; no action is needed.) � p�_�oo MINUTES OF TI� LEGISLATIVE HEARING Tuesday, September 10, 2002 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: John Betz, Code Enfarcement; Roxanne Flink, Real Estate; Fong Lor, LIEP (License, Inspections, Environmental Protection); Steve Magner, Code Enforcement; John Mazshall, City Council Offices; Hazold Robinson, Code Enforcement The meeting was called to order at 10:08 a.m. Laid over summary abatement from 8-13-02: 30203W V- Towing of abandoned vehicle(s) from 1105 Dale Street North. (Fong Lor provided an interpreting service for this address.) Cha Pao Her, owner, appeared and stated he had a 1986 Camry in the backyard since October 2001. It was towed in December. Gerry Strathman asked did he receive a notice from the City to remove the abandoned car. Mr. Her responded he doesn't read English, and might haue received something. In Saint Paul, stated Mr. Strathman, a person is not allowed to store a vehicle in their front yard. Any vehicle that is stored outside has to have current plates, be operable, eta It appears the City inspector determined the vehicle was not properly stored. Mr. Her asked how long he can park the car on the properiy. Mr. Strathman responded if it is on a proper surface, operable, and licensed, it can be kept there indefinitely. It is considered abandoned 90 days after the tabs aze expired. Mr. Her stated he was not sure how many days they were expired, but he was planning to renew it. Mr. Strathman stated the vehicle was abandoned, the owner was sent notice to remove it, he didn't remove it, and the City removed it. These are the chazges the City incurred for towing, storage, and processing the vehicle. The chazges of $542.05 are typical for this situation. The fact that he couldn't read the letter does not excuse him from complying with the law or the directive. In the future, he should get someone to read for him any letters from the City. Mr. Her stated there are a lot of inoperable vehicles all over the place. Mr. Strathman responded someone probably called and complained about this vehicle. Gerry Strathman recommends approval of the assessment. 61-�� LEGISLATIVE HEARING MINUTES OF SEPTEMBER 10, 2002 Page 2 of 11 ._ Summary abatements: J0201G Grass cutting by private contractor during part of May 2002 through part of June 2002; J02TRASH2Q Provide weekly garbage hauling service for the second quarter of 2002; J0203C Demolirions of buildings from June 2002 to part of July 2002; J0205A Properiy clean-up for part of May 2002 through part of July 2002; and J0205B Board-up of vacant buildings for May 2002. 690 Lawson Avenue East (J0201 G) (John Marshall provided interpreting services on this address.) Harold Robinson reported there aze no records available on this abatement. It is an old one. Roxanne Flink reported it is about a grass cutting. Alberto Reynoso, owner, appeazed and stated he cut the front yard in May and the rear was not cut. He thought it was all cieaned up. He received a notice dated June 26, 2002. It was cut after he received that notice. He does not understand why he received a second notice on July 21. John Betz asked is this a vacant building. Mr. Reynoso responded he lived in the building. He moved out of the building June 1. Mr. Betz stated he thiiilcs it is a vacant building, and they used a contractor to do the cutting. There are pictures in the vacant building file. Gerry Strathman recommends deleting the assessment. It is cleaz the City does not have its records straight. 1459 Sherburne Avenue (J02TRASH2Q) Mike Skinner, owner, appeazed and stated he received a few assessments earlier this year for garbage pickup. Evidently, his company did not pick up the garbage in a timely fashion. He then contracted with Superior, and they have been picking up the garbage on a regular basis since then. John Betz reported this is a properry where the City had to notify the owner there was no gazbage service at this property. Proof was not provided by the City that there was a licensed hauler, and the City provided trash service to the properry. From looldng at the file, it seems the service has been discontinued. The City picked up the trash from Mazch through June 28. There has been trash a11 over this property. It has been a neighborhood problem. Roxanne Flink reported trash hauler assessments aze done quarterly. Service was provided on the following days: Apri12, 9, 16, 23, 30, May 7, 14, 21, 28, June 4, 11, 18, 26. This is the charge for all of those gazbage pickups. Mr. Skinner responded this is the second or third b�-�CO LEGISLATIVE HEARING MINCTTES OF SEPTEMBER 10, 2002 Page 3 of ll assessment he received. He has changed gazbage haulers. There was a problem with people dropping off trash there. He has been paying double because he aiso paid the haulers he hired previously, who did not do a good job. Ae has a new hauler, and he is stiil getting assessed by the City. Mr. Strathman stated the City has discontinued their service. Mr. Betz added he does not have any assessments more recent than June 28. Mr. Sldnner stated his tenants were confused about when the gazbage was being picked up. Mr. Strathman stated this is about the City recovering the cost incurred. It is not a penalty. The City has discontinued doing this now that there is a private hauler. The pickups seem consistent with the assessment. Gerry Strathman recommends approval of the assessment. Mr. Betz added he will make sure the service is discontinued. 391 Case Avenue (J0205A) Sheryl Tickal, owner, appeared and stated there were items in the backyazd. She was pulling things out of the properiy because there was going to be a local cleanup day by the district council on May 25. She cailed the inspectox and explained the situation, and he said he would give an extension and do a recheck on May 28. May 28 came and went. She left town on June 1. Everything was conect. When she returned on June 12, she was informed the City had taken the snowblower, and walking staffs. While they were there, they wrote a second order for grass. She does not feel the grass was too high. She made a good faith effort to comply with the original order. She wants to view the videotape to see how the assessment was split. Gerry Strathman responded this has nothing to do with grass; it has only to do with a cleanup. When the City truck came up the alley, stated Ms. Tickal, they hit the neighbor's steps and cracked them. This was observed by another neighbor, who also had an interaction with the inspectors. (A videotape was shown.) Mr. Strathman stated she asked for an extension to May 28, but the material was still there on June 26. Ms. Tickal responded that most of the items listed on the order were by the house, but the City workers did not go by the house. She picked up a lot of stuff: washing machine, wood, etc. The snow blower was not broken. All the items on the original order were picked up. Mr. Strathman stated there are items listed heze that were picked up, such as the tire. Ms. Tickal responded there were five tires there. Some of the items picked up were still good. There was no credit given for what she did do. A lot of the items were removed. Mr. Strathman responded whether it is better or not better is not the point. The point is it is not suppose to be there at all. os-`loo LEGISLATTVE HEARING MIN C7TES OF SEPTEMBER 10, 2002 Page 4 of 11 Ms. Tickal stated none of the items he just saw were in the yazd. They were all in the semi- enclosed azea by a cement wall. Mr. Strathman responded that is still not proper storage under the Ciiy code. Regarding the broken steps, stated Mr. Strathman, she can fill out a claim application. Ms. Tickal responded it has been denied because the driver said he did not do it. Gerry Strathman recommends approval of the assessment. The owner was given notice, she was given an opporhmity to clean up all of it, and the City cleaned up what remained. The City is just recovering the money spent on the cleanup. There was trash stored in the yard. Ms. Tickal responded this is unfair. There was obviousiy some effort being made. 815 Chazles Avenue (J0205A) (The owner did not send in the green cazd; therefore, the videotape is not available.) Harold Robinson reported this is a smmnary abatement done on June 7, 2002. A work order was sent on June 14, and Parks and Recreation cleaned the property on June 19. The amount of the assessment is $288.00 for gazbage bags in the backyard. Gloria Robinson, owner, appeazed and stated she got this property from Habitat for Humanity. She had BFI pickup. She put the trash out before she went to work. She didn't ha�e much out there. She did a lot of the work on Wednesday night. There were a lot of bags out there. Mr. Strathman asked was her trash picked up every week. Ms. Robinson responded that by the time they came, the extra bags were out there. Mr. Robinson reported that the complaint details are that the yard was full of garbage and there was no gazbage pickup visible, i.e. trash container. Onsite were numerous garbage bags. There was no change when he did the reinspection seven days later. The notice went to Gloria Robinson at 815 Charles. There is no evidence of mail returned. Gerry Strathman recommends laying over to the October 1, 2002, Legislative Hearing. At that time, he would like to see the videotape and receipts to show that she paid for garbage service. 489 Hatch Avenue (J0205A) (No one appeared to represent the properry.) Gerry Strathman recommends approval of the assessment. 1740 Stillwater Avenue (J0205A) (No one appeared to represent the property.) 02. -�oo LEGISLATIVE HEARING MINUTES OF SEPTEMBER 10, 2002 Page 5 of ll Gerty Strathman recommends laying over to the October 1, 2002, Speciai Legislarive Hearing. (At the meeting, Mr. Strathman's recommendation was approval; however, the owner called later and requested another hearing.) 857 Jenks Avenue (J0203C) (No one appeared to represent the properiy.) Gerry Strathman recommends deleting the assessment. This property is owned by the HRA (Housing and Redevelopment Authority), and the demolition has already been paid. 1436 Ravmond Avenue (J0205B) (No one appeared to represent the property.) Gerry Strathman recommends approval of the assessment. Summary Abatements: J0202G Grass cutting by private contractor for part of July 2002; J0204V Towing of abandoned vehicles from private property for Apri12002 and part of May and June 2002 J0206A Property clean-up for part of 3uly 2002; J0206B Boarding-up of vacant buiidings for June and July 2002. 1011 Conwav Street (J0204V) (John Mazshall provided an interpreting service for this address.) Alvazo Dominguez, owner, appeared. (Mr. Dominguez did not return the green card; therefore, information was not available on this property.). Roxanne Flink stated that any abatements not approved by the City Council by October 2, 2002, will have two yeazs of interest added to the assessment. Gerry Strathman recommends laying over to the October 1, 2002, Special Legislative Hearing. 490 Edmund Avenue (J0204V) Dang Xiong, owner, appeared and stated the vehicle belongs to his neighbor. He pazked on the properiy. Gerry Strathman asked did he receive a notice to have it removed. Mr. Xiong responded he did not. O,-"�o LEGISLATIVE HEARING MINUTES OF SEPTEMBER 10, 2002 Mr. Strathman stated he is responsible for the velucie if it is on his properry determined it was an abandoned vehicle because it met the legai definition. Xiong gets the bill. He should talk to his neighbor about the assessment. Gerry Sirathman recommends appzoval of the assessment. 1504 Sherburne Avenue (J0204� Page 6 of 11 The City It was towed and Mr. The following appeared: Donna Tolefer and Michael E Cody. Mz. Cody stated it was his truck. The assessment is $512.05. He said he cannot handle that amount. The truck had plates until May 2002. Someone stole the tabs. He couldn't get the truck nuuiing. He was contacting junk yards to see if he could get money for at. The next time he looked out the window, it was towed. Pvls. Tolefer added that a junkyard said they would pick up the vehicle that day. John Betz reported his records show that orders had been issued several times on this vehicle for different things. They were issued on January 8, 2002, for expired tabs. At that time, the tabs on it were November 1999. Ms. Tolefer responded the tabs were on the back plate. Mr. Strathman asked where the notice was sent. Mr. Betz responded to Isaac Carpenter, who wa: the owner at the time of the violation. Mr. Cody responded Mr. Carpenter is no longer the owner and never said anything about the vehicle. Mr. Cody had no notice that the truck was going to be towed. Mr. Strathman asked about ownership. Ms. Tolefer responded the new owners are Cullen Homes. The ownership changed in May. Mr. Strathman stated the assessment is against the owner of the property. Ms. Tolefer responded she rents from them. Mr. Betz stated a notice was also issued on Mazch 22 Co Mr. Carpenter. Ms. Tolefer responded Mr. Carpenter doesn't live there. Mr. Betz stated he just found a note in the file from Commander Morehead. What happened was a work arder was sent out to impound this vehicle in Febniary. The police were there. They did not tow the vehicle because it had current tabs. ASer that, someone else cailed to complain the vehicle was still there. Mr. Morehead visited the vehicle at which time it had current registration on the back, no battery, was undriveable, and parked on an unapproved surface. Mr. Morehead had Code Enforcement issue a new work order to tow it. In June it was impounded. Ms. Tolefer responded there was a battery in the truck. Gerry Strathxnan recommends reducing the assessment from $512.05 to $155 plus the $45 service fees for a total assessment of $200. It met the legal requirements of an abandoned veYricle, and the property owner was notified; however, he understands the new owner is making Ms. Tolefer and Mr. Cody pay the costs. ba-`��'O LEGISLATIVE HEARING MINLTTES OF SEPTEMBER 1Q 2002 Page 7 of 11 1816 Stillwater Avenue (J0206A) Brian Hoffinan, owner, appeazed and stafed he did not want to contest it. This is about grass and weeds. He just wanted to apologize that it got to this point and the City did it. It is not something that normally happens. He asked would he get a bill. Mr. Strathman responded he will be sent a bill in a few weeks. Gerry Strathmau recommends approval of the assessment. 837 Fourth Street East (J0206B) The following appeared: Dorothy Lyons and William Lyons. Steve Magner reported that on July 12, 2002, an inspector was at the property, and issued a suuunary abatement order. This properry was refened to Vacant Buidings by another Code Enforcement ofFicer. A registered vacant building file was opened on that day and a sununary abatement order issued to secure the gazage vehicle door, which was open to access. The summary abatement was mailed on July 15, 2002, which a compiiance date of July 22. On July 22, there was no compliance and a boarding order was issued to the contractor to secure it. The boazding contractor went there and installed one board over the gazage vehicle door. Mr. Lyons asked who the officers were. Mr. Magner responded the inspector from the enforcement unit was Craig Mashuga who referred it to Vacant Building. The 3nspector from Vacant Buildings is Rich Singerhouse. Mr. Magner did a reinspection of the properry for Ms. Lyons, who had some questions. He tried to contact her in the morning. He went back to the subject properry, and the contractor had installed a boazd over the service door. This building is a reg}stered vacant building as defined by the legislative code. Ms. Lyons stated she was out of town for a while. The taxes aze up-to-date. This is estate properry. It has a new roo£ She did everything she was suppose to do at the time. Now, there is a sign on the building that reads vacant. Ttiere should be another issue regarding grass cutting. Mr. Strathxnan responded the only issue here today about the cost of the boarding. Mr. Lyons stated the boazd that was installed is 2 feet by 3 feet. It was a little section of the garage door. The door has a padlock on it. (Mr. Magner showed a photograph of the garage.) Gerry Strathman recommends approval of the assessment. The $74.75 is fairly reasonable for this type of work. 931 Mazshall Avenue (70204V) (No one appeazed to represent the property.) oa-q�� LEGISLATIVE HEARING MINUTES OF SEPTEMBER 10, 2002 Page 8 of 11 Gerry Strathman recommends approval of the assessment. 1416 Pazk Street (J0206A) (No one appeazed to represent the property.) Gerry Stsathman recommends approval of the assessment. 1630 Reaney Avenue (J0204V) (I3o one appeared to represent the property.) Gerry Strathman recommends approval of the assessment. 846 V an Buren Avenue (70204� (No one appeared to represent the property.) Gerry Strathman recommends approval of the assessment. Laid over summary abatement from 8-13-02: J0203WVV - Towing of abandoned vehicle(s) from 1569 Srillwater Avenue. The following appeazed: Robert Turner, owner, and Rhonda Jones, his daughter. Mr. Turner stated he is retired and goes down south for the winter. His daughter sends the mail to him. He spoke to a Code Enforcement supervisor, who told him that if he had tabs and license plates for the cazs, it would not be towed. His daughter got the license plates and tabs. Ms. Jones stated the Volvo just needs tabs. The Lincoln required addifional paperwark. She needed to send something to her dad so he can sign it and then get it back. That would have put at beyond the deadline. She spoke to somebody, and they said they would extend it and give her time to get the information back. He made sure the Lincoln had new plates and tabs. All she had to do with the V olvo was put tabs on it. Mr. Stratlmian stated the orders were issued on danuary 3, 2002. The vehicles were not towed until February 26, which is almost two months later. He asked why it took two months to get the tabs. Ms. Jones responded it did not take two months. The nofice is stamped January 31. Harold Robinson reported the orders were mailed on Tanuary 3, 2002. It was rechecked on January 30. An extension was given until February 4. At that time, the tabs were still not on, and they sent the wark order to the police. The police impounded the vehicle on February 26. Ms. Jones responded that is not correct. The plates would not come off of the Lincoln. She put each plate in the windows. She removed the snow. It may haue snowed again and been covered up. She made sure the plates were inside on the dashboard and on the back. 03- qoo LEGISLATIVE HEARINCT MII�IUTES OF SEPT'EMBER 10, 2002 Page 4 of 11 Mr. Strathman asked did she ha�e the tabs and plates by January 4 on the vehicie. Ms. Jones responded yes. She has documentarion. Mr. StratUman asked the cost. Roxanna Flink resgonded the cost is $1509.10 (Mr. Strathman looked at the paperwork provided by Ms. Jones.) Mr. Strathman stated it looked like she purchased the tabs on January 31. He asked her if she put them in the window. Ms. Jones responded they were in the window of the Lincoln. She couldn't unscrew the plates. On the Volvo, there was one plate on the back. She put the sticker on. The other plate was inside the car, so she just opened the door. Mr. Strathman asked why she didn't retrieve the vehicle when they disappeazed. Ms. Jones responded she usually goes to the house and gets the mail. She did not generally look out the back window. One day she noticed the cars were gone, and she immediately called her dad. Mr. Turner stated when he called from Mississippi, he was told the car would not be towed. Not only that, they ripped down the whole fence, and did not put it back. Mr. Strathman asked where the vehicles were pazked. Mr. Robinson responded they were pazked on grass, had flat tires, and were inoperable. Piates have to be properly displayed. When the inspector went back out on January 4, they were still not displayed. He may not have seen them when they were in the window. Mr. Tumer asked about the fence. Mr. Strathxnan responded he can file a claim against the Ciry. Gerry Strathman recommends reducing the assessment from $150910 to $430 plus the $70 service fees for a total assessment of $500. There aze a number of problems here. The car was parked on an unapproved surface. The cars were registered. Whether they were operabie, is debatable. The owner made a good faith effort to deal with it. She did buy the tabs. Appeal of summary abatement order at 1240 Berkeley_Avenue. (Rescheduled from 8-27-OZ) Dick McGirl, owner, appeared and stated the mackunes in quesfion aze not his, but they are on his properry with his approval. The machines belonged to his neighbor, but his neighbor has died. Mr. McGirl has been in contact with the estate's attorney. Lately, his efforts to reach the attorney haue been unsuccessful because he has not returned Mr. McGirl's calls. As of Sunday, the items were still there. He is trying to get rid of them because he has no need for them. In Chapter 45, there is no evidence that he is in violation of anything. (He showed Mr. Slsathman some photographs.) Mr. McGirl stated these are ice cream machines. They aze very heavy. He helped the owner wrap them and tape them. They are covered with a blue tarp. The neighbors cut down his bush o�-voo LEGISLATIVE HEt1RING MINLTTES OF SEPTEMBER 10, 2002 Page 10 of 11 and added a picket fence. There was no way to see the machines before she put the fence up. This is in no way a public nuisance. He cannot find anything that says he has to remove an eyesore. Steve Schiller (Code Enforcement) is in a�eement with him. Mr. Schiller had trouble finding the machines. 7ohn Betz responded there aze a couple of codes that come into piay. Zoning would not allow commercial machinery to be stored on the properiy. The maintenance code does not allow the storage of machinery in a yazd azea. Mr. Strathman stated Mr. McGirl wants the machines gone and the City wants them gone. He is having some problems with the estate. Mr. Strathman asked aze they an immediate hazard. Unless they are infested with rodents, responded Mr. Betz. Mr. Stratlmian asked for a reasonable time to get rid of them. Mr. McGirl responded the last time he talked to the attorney, he said he was no longer the probate attomey, but the family's attorney. When the probate court selected an attorney, he would let Mr. McGirl know. Mr. Strathman recommends laying this over to 13ovember 12. There is nothing incorrect about this order. It does not seem to be a matter of great urgency. They need to look at it before the snow flies. If it is taken caze of by November 12, there is no need for Mr. McGirl to come back. The following assessment has already been ratified by the City Council: 522 Lawson Avenue East (No one appeared to represent the properiy.) Gerry Strathman recommends approval of the assessment. Laid over summary abatement from 8-27-02: J0204AA - Property clean-up at 1194 Aibemarle Street. Gerry Strathman recommends laying over to the October 8, 2Q�2, Legislative Hearing at the owner's request. Resolution ordering the owner to remove or repair the property at 130 Sycamore Street East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Per Steve Magner, this property was demolished by the owner. No action is needed.) The meeting was adjourned at 11:58 a.m. rrn oa _q� LEGISLATIVE HEARING MINUTES OF SEPTEMBER 10, 2002 Page 11 of 11 719 Case Avenue (J0206A) After the meeting, the owner requested to appeaz at a legislative hearing. Gerry Slsathman recommends laying over to the October 1, 2002, Special Legislative Hearing.