02-1038Council File # 0 y— �d 3 r
Green Sheet # , psy p`
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
38�
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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 and one-half story, wood frame, single family dwelling located on property hereinafter
referred to as the "Subject Property" and commonly known as 1083 Conway Street. This property is
legally described as follows, to wit:
Lot 15, Block 25, A. Gotzian's Re-arrangement of Sigel's Addition.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Division of Code Enforcement on or before April 11, 2002, the following are the now known
interested or responsible parties for the Subject Property:Michael L'Heurem:, Cf0 Angela L'Heureuac,
1083 Conway Street, St. Paul, MN 55106-5733; Minnesota Housing Finance Agency, 400 Sibley Street,
Suite 300, St. Paul, MN 55101
WHEREAS, Division of Code Enforcement has served in accardance 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 28, 2002; and
WHEREAS, this order informed the then known interested or responsible parties that the structure
located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WIIEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by September 27, 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 conected 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
1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City � 1
2 Council on Tuesday, October 22, 2002 to hear tesrimony and evidence, and after receiving testunony and
3 evidence, made the recommendation to approve the request to order the interested or responsible parties to
4 make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and
5 remove its blighting influence on the community by rehabilitating this structure in accordance witta all
6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in
7 accordance with all applicable codes and ordinances. The rehabilitation ar demolition of the structure to be
8 completed within fifteen (15) days after the date ofthe Council Hearing; and
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WI3EREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 6,
2002 and the testimony and evidence including the action taken by the Legislative Hearing Officer was
considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced
public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming
the Subject Property at 1083 Conway Street:
That the Subject Property comprises a nuisance condiUon as defined in Saint Paul
Legislative Code, Chapter 45.
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That the costs o£ 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 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 known interested parties and owners are as previously stated in this resolution and
that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
1, 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 demolashing 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.
AA-ADA-EEO Employer
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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 structure, fill the site and chazge the costs incurred against the Subject
Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
In the event the building is to be demolished and removed by the City of Saint Paul, all personal
properiy 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 tune period. If all personal property
is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and
dispose of such property as provided by law.
4. It is further ordered, that a copy of 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 `� ,� , a.c a.�c��
Adoption Certifiedby Council Secretary
:
Approved by jVla�or: Date
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Requested by Department of:
Citizen Service Office: Code Enforcement
BY: � � /
Form Approved by City Attorney
By. �
�proved Mayor for Submissio to C il
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By: G�
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Division of Code Enforcement
Dawkins 266-8427
November
09/27/02
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
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City Council to pass trris resolution which will order the owner(s) to remove or repair the referenced builcling(s). If
, the owner fails to comply with the resolurion, the Citizen Service Office, Division of Code Enforcement is ordered
to remove the building. The subject property is located at 1083 Conway Street.
PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE CAMMISSION
Fias this D��rm ever varked u�der a conhect torMis tleFaMment?
Y6 NO
tias mis oe�euilfrm wa been a dty empwycea .
YES � NO � . � .
Dnes ihis P��� P�ess a sidll not namalHW�� M�Y curteM dlY empbyee?
YES N6
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.-�„ a. ,w oA_�.o r. a.._...., a.._. _._ _.,...... _.._..., a..x.
°` '"'�"iis"�iuiP�ing�s j"is anuis"anc�tu��ing'�s "� �e"�'i�ied in Chapter 45 and a vacant building as defined in Chapter 43 of
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"` `: the Saint Paul 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 1083 Conway Street by September 27, 2002, and
�,,, , have fai�ed to comply with those orders. ��
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`The Ciry will elnninate a nuisance.
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The City will spend fixnds to wreck and remove this building(s). These costs will be assessed to the property,
collected as a soecial assessment a�ainst the vronertv tases.
A nuisance condition will remain unabated in the City. This building(s) wiil continue to blight the community.,,
/UAOUNTOFTRANSACTIONf $6,000-$7,000 �T/REVENIlEBUIXiE7m�CiRCLEONq � No
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REPORT
LEGISLATiVE HEARING
Date: October 22, 2002
Time: 10:00 a.m.
Place: Room 330 City Hall
I S West Kellogg Boulevard
Gerry Sirathman
Legislative Hearing Qfficer
1. Resolution ordering the owner to remove or repair the property at 1150 Prosneritv
Avenue. If the owner fails to comply with the resolution, Code Enforcement is
ordered to remove the building.
Legislative Hearing Officer recommends approval.
� 2. Resolution ordering the owner to remove or repair the property at 1083 Conwav
Street. If the owner fails to comply with the resolution, Code Enforcement is
ordered to remove the building.
Legislative Hearing Officer recommends approval.
3. Resolution ordering the owner to remove or repair the property at �06 Charles
Avenue. If the owner fails to comply with the resoluHon, Code Enforcement is
ordered to remove the building.
Legislative Hearing Officer recommends approve.
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MINUTES OF T'F� LEGISLATIVE HEARING
03-1
Tuesday, October 22, 2002
Room 330 Courthouse
Gerry Strathman, Legislative Heazing Officer
STAFF PRESbT1T: Steve Magner, Code Enforcement
The meeting was called to order at 10:03 a.m.
Resolution ordering the owner to remove or repair the property at 1150 Prosperitv Avenue.
If the owner fails to compty with the resolution, Code Enforcement is ordered to remove
the building.
(No one appeazed to represent the properry.)
(Steve Magner submitted photographs.)
Steve Magner reported that this building is a one-story brick/block/masonry commercial building
and has been vacant since December 22, 1995. The current properry owner is listed as Jerry's
Enterprise, Inc. Two summary abatements have been issued to remove items, cut tall grass and
weeds, and secure the build'ang from unauthorized entry. An inspection of the building was
conducted on 3une 19, 2002. A list of deficiencies which constitutes a nuisance condition was
developed and photogaphs were taken. An order to abate the nuisance building was issued on
June 27, 2002, with a compliance date of July 29, 2002. As of this date, the building remains in
a condition which comprises a nuisance as defined by the Legislarive Code. Vacant building fees
have been paid. Ramsey County Tasation has placed an estimated market value of $71,000 on
the land and $10,000 on the building. As of October 22, 2002, a code compliance inspection had
not been applied for nor a bond posted. Repairs of the structure aze estimated to be in excess of
$100,000. The estimate cost to demolish the building is between $14,000 and $16,000. Mr.
Magner said they aze seeking a 15-day resolution to repair or remove the building.
Mr. Magner noted that in the packet of information is a letter from Dazcy Winter of D.B. Winter
and Associates, Inc., the owner's representative. She indicated that she is trying to remove the
building and to comply with the City but has not been able to accomplish it at this point in time.
Getry Strathman recommended approval of the order to remove or repair the properiy within 15
days.
� Resoiution ordering the owner to remove or repair the properiy at 1083 Conwav Street. Tf
the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
(No one appeazed to represent the property.)
(Steve Magner submitted photographs.)
p�.-�o'�t'
October 22, 2002, Legislative Hearing Minutes Page 2
Steve Magner stated that this is a 1%z story wood frame single-family dwelling. The building was
condemned by Code Enforcement in March 2002 and has been vacant since Mazch 12, 2002.
The current owner is Michael L'Heureus. Four suuunary abatement notices have been issued to
cut tall gass and weeds, remove improperly stored refuse, and secure the building from
unauthorized entry. On August 20, 2002, an inspection of the building was conducted, a list of
deficiencies wlrich constitute a nuisance condition was developed, and photographs were taken.
An order to abate a nuisance building was issued on August 28, 2002, with a compliance date of
September 27, 2002. As of this date, the property remains in a condition which comprises a
nuisance as defined by the Legislative Code. The vacant building registration fees are due, and
real estate taaces aze unpaid in the amount of $11,801.14. Tasation has placed an estimated
market value of $5,400 on the land and $38,000 on the building. As of October 22, 2002, a code
compliance inspection has not been applied for nor a bond posted. Repairs of the structure are
estimated to be between $70,000 and $80,000 and demolirion between $6,000 and $7,000.
As indicated from the photos, Magner said it is a very sma11 dwelling. It has had a long
checkered past with Code Enforcement. Originally, a garage was built without permits and it
was oversized for the lot. It was suspiciously bumed and had to be razed by the City on an
emergency basis. There have also been numerous police activities at this property. The parties
have now left the property. At one time, owners indicated they were going to rehabilitate it, but
no further word has been heazd from them. Mr. Magner said it was his understanding that
Michael L'Heureus is now deceased. Also, it was either his wife or partner who was in the
property at the time it was condemned on a St. Paul Police warrant.
Gerry Strathman recommended approval of the order to remove or repair the property within 15
days.
(The meeting was recessed from 10:11 to 10:30 in order to accommodate the owner of the
property at 706 Charles Avenue.)
Resolufion ordering the owner to remove or repair the property at 706 Charles Avenne. If
the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
(No one appeazed to represent the property.)
(Steve Magner submitted photographs.)
Steve Magner reported this is a 1'/z story wood frame single-family struchue. The building was
condemned on December 19, 2001 and has been vacant since December 26, 2001. Per Ramsey
County Properry Records and Revenue, the current properry owners are listed as Josala Landvick
and Chesley Dailey. Two summary abatement orders have been issued to cut tail grass and
weeds, remove improperly stored refuse, and secure the building from unauthorized entry.
On Mazch 7, 2002, an inspection of the building was conducted, a list the deficiencies which
a�• ib�r
October 22, 2002, Legislative Hearing Minutes Page 3
constitute a nuisance condition was developed and photographs were taken. An order to abate a
nuisance building was issued on August 28, 2002, with a compliance date of September 27,
2002. As of this date, the properry remains in a condition which comprises a nuisance as defined
by the Legislative Code. Tfie City has had to board the building and secure it against trespass.
Vacant building and registration fees are due and owing in the amount of $400 for the years 2001
and 2002. Real estate ta��es aze unpaid in the amount of $1,282.98. The Ramsey County
Department of Taxation has placed an estimated market value of $5,100 on the land and $42,100
on the building. A code compliance inspection was obtained on March 7, 2002. However, there
is no bond and no current permits.
Mr. Magner said he has received phone calls from both 7osala Landvick and Chesley Dailey and
on two different occasions Mr. Magner has explained that they aze being asked to rehabilitate
their property, to post a bond, and to commence the action. Little or no action has been seen at
the property since they obtained the code compliance inspecrion. Inspectors have talked to Mr.
Dailey on numerous occasions indicating that this needs to be done. Mr. Daily called to have the
Legislative Hearing changed to either a different date or rime and he still did not appear at this
meeting. Code Enforcement is seeking a resolution to repair or remove the building within 15
days. If the owners were to post the bond and get permits, he felt Code Enforcement could work
with them.
Mr. Suathman recommended approve of the order to remove or repair the properiy within 15
days in view of the fact that no bond has been posted, vacant building fees aze still due, and the
property ciearly constiiutes a nuisance. Also, the properiy owners are not present at this meeting,
even though the hearing was rescheduled to 1030 a.m. to accommodate their schedule.
The meeting was adjourned at 10:38 a.m.
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CTTY OF SAIN'I' PAUL
Randy C. Kelly, hlm�or
September 27, 2002
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
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Citizen Service Office, VacantJNuisance 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:
1083 Conway Street
The City Council has scheduled the date of these hearings as follows:
Legisiative Hearing - Tuesday, October 22, 2002
City Council Hearing - Wednesday, November 6, 2002
The owners and responsible parties of record are:
Name and Last Known Address
Michaei L'Aeureux
GO Angela L'Heureux
1083 Conway Street
St. Paul, MN 55106-5733
Minnesota Housing Finance Agency
400 Sibiey Street, Suate 300
St. Paul, MN 55101
The legal description of this property is:
Interest
Fee Owner
Mortgagee
Lot 15, Block 25, A. Gotzian's Re-arrangement of Sigel's Addition.
CIT[ZEN SERVICE OFFICE
Donald J. Luna, Ciry Clerk
DIVISION OF PROPERTY CODE ENFORCEMENT O��O �
Andy Dawk'ns, Program Manager
Nvuance Building Code Enforcemenl
/SW Kel[oggBlvd. Rm. )90 Tel: 651d66-8440
SaintPauI,MN55102 Fax:657-266-8426
AP.-ADA-EEO Employer
1083 Conway Street
September 27, 2002
Page 2
O?-�O�Y
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
laiown responsible parties to eliminate this nuisance condition by correctin� the deficiencies or
by razing and removing this buildin�(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the 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 incurred a�ainst the real estate as a special assessment to be
collected iri the same manner as tases.
Sincerely,
�teve �a�rcer
Steve Magner
Vacant Buildings Supervisor
Division of Code Enforcement
Cirizen 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-Aousing Division
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