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03-341� City of St. Paul COUNC L FILE NO. �3 -3y1 R$SOLUTION RATIFYING ASSESSMENT By `f � File No. SEE BELOW Assessment No. SEE BELOW ��rner�e�.- ��:\ a� �003 Voting Ward In the matter of the assessment of benefits, cost and expenses for 2 J0207A2A (9923) Summary abatements (property clean-up) for properties located at 819 Johnson Parkway and 1076 Maryland Ave East. LAID OVER BY LEGISLATIVE HEARING OFFICER ON 3-11-03 TO 4-2-03 LEGISLATIVE HEARING WILL BE 3-25-03 A public hearing having been had upon the assessment for the above improvement, and said assessment having been further considered by the Council, and having been considered finally satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in all respects ratified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. COUNCILPERSON Yeas Nays ✓3�enanav v�"Iakey v�ostrom �'oleman �Ydrris �.�`ant ry �iter �In Favor (7 Against �'�1��c�`(`(�ev�� . � ��= ��o.r�wv� Y �- � �-�cS,00 o—�.��? � ��S.oO. Date � ° t �-tj� �., e. E �,, 5� �� .o � I'-� �..) - \ o'O �a � ��. oo �,,,,,� � Adopted by the Council: •� , Certified Passes by Council Secretary 'To Legislative Hearing Officer - 3-25-03 � �'� —1y, Public Hearin¢ Date - 4-2-03 �� T.M.S./REAL ESTATE DIVISION 'ontac[ Person and P6one Number: Rosanna �st be oo Council Agenda by: �st be in Council Research �ce 266-8859 Date: 3/24/03 Green Sheet Number: DIItECIOR C11Y COl AT[ORNEY DIItECTOR 204136 & MGT. SVG Ddt. noon on Friday public hearing is 4-2-03 � I � �'OR (OR ASSLSTAN7) I 1 �courrcn, xes�,ucc I �TAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNAT'URE) CTION REQUESTED: At Legislative Hearing Officers request on 3-11-03 these items were laid over to 42-03, Summary abatements (property clean-up) for properties located at 819 Johnson Parkway and 1076 Maryland Ave. East �ile J0207A2A. PLANNING COMMISSION CIVII. SERVICE COMMISSION cm coMmm�ec rfs whidh Council Objective Neighborhoods A STAFF Code A Enforcement A 2 Has the person/firm ever worked under a contraM for this d¢partment? Has this person/firm ever been a GTy employee? Does this person/firm possess a sldll not normally gossessed by any current CiTy employee? Explain ell YES answers on a separate sheet and attach. VG PROBLEM, ISSUE, OPPORTUNTTY (Who, Whay Wheo, Where, Why?): "SEE ORIGINAL GREEN SHEET NUMBERS 204047" IFAPPROVED: ,�.;z ��'t�" `�'-�E?�x��. � n�� IF APPAOVED: ANTAGES IF NOT APPROVED: AMOUNT OF TRANSACTION: $900.00 : sooxcE: Assessments only AL INFORMATION: (EXPLAI� 2 uronertv owners will be notified of the nublic hea COST/REVENUE BUDGETED (CIRCLE ONE) ACTIVITY NUMBER: and YES NO YES NO YES NO YES NO City of St. Pau1 Real Estate Division Dept_ of Technology & Management Serv REPORT OF COMPLETION OF ASSESSMENT COUNCIL FILE NO. File No. SEE BELOW Assessment No. SEE BEL,OW 03 -3�k\ Voting Ward In the matter of the assessment of benefits, cost and expenses for 2 J0207A2A (9923) Summary abatements (property clean-up) for properties located at 819 Johnson Parkway and 1076 Maryland Ave East. LAID OVER BY LEGISLATIVE HEARING OFFICER ON 3-11-03 TO 4-2-03 LEGISLATIVF HEARING WILL BE 3-25-03 To the Council of the City of St. Paul The Valuation and Assessment Engineer hereby reports to the Council the following as a statement of the expenditures necessarily incurred for and in connection with the making of the above improvement, viz: Total construction costs Engineering and Inspection Real Estate Service Fee Process Serving Charge Charge-COde Enforcement Abatement Service Charge TOTAL EXPENDITURES Charge To Net Assessment $810.00 $ $ $ $50.00 $40.00 $900.00 $900.00 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of 5900.00 upon each and every lot, part or parcel of land deemed benefitted by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereon as may be considered proper. Dated_,3-�' y- �uyL� �/�� „yaluation and Assessment Engineer l�'� 'i � Q a w � a w a �d E M N � � E E � m � 0 N 0 N � 0 i� im i N i O Q N i O H � O � O � �� , � � N � C E+ i ri � C 1 � [x] N � N p� � N � N � Q 1 I I � 1 � I � 1 p� i N i N 1 � I � N � N 1 � (/J 1 000 II O 1 000 il O E. � o 0 o n o � o 0 o u o y i � il • n a � O Ifl O il �f1 � O N O ii Ifl � � ifl N N II O� i l0 N N ii O � i r1U?U� II ri ��O{?Uf II [� � U} II L} � U1 tl L7 � n � n a � n n p i II � u � E+ � n n U � n ii a� �� w � n n � mi000 �000 E+ i o00 � o 00 H� O O O � O O O � '",Z � O O O � O O O � I O r1 .-i t O rl rl � � N � � Q i ri i l0 � H � U � q i i w W�000 �000 H�000 �000 i rC � o 0 o i o 0 0 w� �.-a in o ��-f ui o i [y i N N i NN H � I 1 1 1 ' 1 ' � � � 1 � � a I I I w (n � I i W (n [� � [I] I � � !.( I !.� �' � I � 1� O U 1(� O U I �� X W 1 r� r�i W � a�auu �au� � ��a ��ua w�mam �mz� � � � ' � � � �z � m � I H i O I �' 1 1 a � � a H�� oa� � ,�+ i r.� i H E Ll � a � a .. � m o .7 .. , H 1 W O I H (n [S] LII I a � FM �>v� H� � V� F O�n � N N O�n � �n � �n z� � o�Z z� � i N N � W H E N� Q � aa¢w � ��xav�i �� [�.�ammca �mawawA� w i � ° a.+ao � xa � a�w� ��aN� � o�> «x �m � �x� a oH� a � •.+F* x � a�ao o �a�H o 0 � U�-7 3 m a� *7 3� � � � � �h � � N � N � ia o� o i � � � � � F, C W N � N O + ti i� n � � Pa hwo i o ti � ti � a .+ ��i W W N • i 2>+0 �.. r.� i N �.y Q W � t-t Y' .i CU W i a y � c- ��,�o �>a� o � E� azra �F02�� N£P.' � cllE,'� i i O � ra W U` ra�H � HO.'�O H W � HE�Or2 � a�'ao� z�z��oxom�wm �w o�qallo+*�wmm 000��o 000��o •u 0 0 o n o .� in a u o mm+� n m vt u vr i n �i �� i 11 �I n i II �� II n x n • U7 W t1 �] �� II aEall wox�� FCUU II II rxwna C U �I Q gxjii0 EUC il E a w w n (n � U1 II F II U Q�qiih HEF��O 000na H E+ E. n a a w V a a E a E w x W 0 � a W U � a N O� .3y� 03 _ 3�� REPORT Date: March 25, 2003 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Marcia Moermond Legislative Hearing Officer 1. Laid over summary abatements from February 25, 2003: J0207AAAA Clean-up of property at 837 Fourth Street East J0207A1AAA Clean-up of property at 0 N�ent Street and 279 Nugent Street. � Z- 837 Fourth Street East Legislative Hearing Officer recommends laying over to the April 8, 2003, Legislative Hearing. Q Nu�ent and 279 Nu�ent Street Legislative Hearing Officer recommends reducing the assessments from $351 to $211 pius the $90 administrative fees for total assessments of $301. Laid over summary abatements from March 11, 2003: J0207A2A Clean-up of property at 819 Johnson Parkwav J0207A2A Clean-up of property at 1076 Mar�and Avenue East. 819 Johnson Parkwav Legislative Hearing Officer recommends approval of the assessment. 1076 Maryland Avenue East Legislative Hearing Officer recommends reducing the assessment from $195 to $100 plus the $45 administrative fees for a total assessment of $145. 3. Resotution ordering the owner to remove or repair the property at 733 Charles Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 3-11-03) Legislative Hearing Officer recommends laying over to the April 8, 2003, Legisiative Hearing. 4. J0205W Towing of abandoned vehicles from private property at 972 Dayton Avenue. (Laid over from 2-25-03) Legislative Hearing Officer recommends reducing the assessment from $422.05 to 227.05 plus the $45 administrative fees for a total assessment of $272.05. 07-3y� LEGISLATIVE HEARING REPORT OF MARCH 25, 2003 5. Appeal�of summary abatement order and hvo vehicle abatement orders at 422 Jessamine Avenue East Page 2 Legislative Hearing Officer recommends denying the appeal on the March 3 Summary Abatement Order and the two March 3 Vehicle Abatement Orders. 6. Resolution ordering the owner to remove or repair the property at 718 Sherburne Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends laying over to the April 8, 2003, Legislative Hearing. Appeal of summary abatement order and vehicle abatement order at 1487 Selbv Avenue. Legis]ative Hearing Officer recommends denying the appeal. rrn To Legislative Hearing Officer - 3-11-03 Public Hearing Date - 3-26-03 T.M.S./REAL ESTATE DIVI5ION uact Person and Phone Numbyr: ��/ 266-8859 Roxanna Flink �� st be on Council Agenda by: °- '' -O '' s[ be in Council Research Office noon on Friday 2'-21-�3 DTAL # OF SIGNATURE PAGES 1 oa. ay1 Date: 1/30/03 Green Sheet Number: 204047 EPARTDIEh"IDIREC7�OR ITYCOUtiC7L iCYAITOR�EY ITYCLERK UDGEiDIR£C1�OR I\.&�SGT•SVC.DIR L1YOR(ORASSISTP.N'1') 1 OU\CILRESEARCH (CLIP ALL LOCATIO FOR SIGNATURE) ►ri REQUESTED: Set date of public hearing and approve assmts for Summary abatements (property clean-up) for part of July 2002 to part of December 2002 and Towing of abandoned vehicles from private „rnnertv for Uart of July 2002 and all of Se tember File No. J020R HE o n Ld J0206V. PLAYNI�G C0�1b11SSI0?7 CNIL SERVICE CObIID11SSI0Y cB COMSIIiTee rts whidh Countil Objective Neighborhoods � � STAFF 1. Has the person/firm ever worked under a contract for this department? Code �_ Has this person/firm ever been a City employee? Enforcement . Does this person/firm possess a skill not normally possessed by any vacant bldg current City employee? Ezpiain alI YES ans�vers on a separate shee[ and a[tacA. Y"ES NO YES NO YES NO YG PROBLEb1, ]SSUE, OPPORTUNITY (Nho, What, When, Where, Why?): Property owners or renters create a health hazard at various times throughout the City of Saint Paul �vhen their propert is not ke t u. 1GES IF APPROVED: Cost recovery programs to recover expenses for Summary abatements and Towing of abandoned vehicles. This includes cutting tall grass and weeds, hauling away all garbage, debris, refuse and tires. Also, all household items such as refrigerators, stoves, sofas, chairs and all other items. In winter this includes the removal of snow and ice from sidewalk and cross walks. NTAGES 1F APPROVED: If Conncil does not approve these charges, General Fund would be required to pay the assessment. Assessments are payable over 1 or 10 years and collected with the property taxes if not paid. NTAGES IF NOT APPROVED: Neighborhoods would be left to deteriorate and property values would decline. Nobody would take care of their property, especially vacant or rental properties. Rodents, filth, garbage and tYa�t, would accumulate everywhere Disease and pests could become a problem. AMOUNT OF TRA�YSACCION: $SH�4S7.4S COST/REVENUE BUDGETED (CiRCLE ONE) SOURCE: AC'CIYITY NUMBER: Assessments oul YES iNANCSAL INFORbIATION: (EXPLAIN) 126 nroperty owners will be notified of a�=�� {U . MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVEIREPAIR, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Tuesday, Mazch 25, 2003 Room 330 City HalUCourthouse, 15 West Kellogg Boulevard Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:05 a.m. STAFF PRESfiI3T: Roxanne Fiink, Real Estate; Steve Magner, Code Enforcement; Lisa Martin, Code Enforcement; Racquel Naylor, City Council Offices Laid over summary abatements from February 25, 2003: J0207AAA Clean-up of property at 837 Fourth Street East J0207A1AAA Clean-up of property at 0 Nugent Street and 279 Nugent Street. 837 Fourth Street East Racquel Naylor stated the owner called to say she could not attend today because she is sick. Marcia Moennond recommends laying over to the April 8 Legislative Hearing. This is the third request for a layover. If she does not show on Apri18, Ms. Moermond wili recommend approval of the assessment. 0 Nugent and 279 Nu�ent Street Steve Magner stated a summary abatement was mailed on August 8, 2002, to remove refuse, scrap lumber, metal, brush, and debris on the property with a compiiance date of August 13. It was reinspected on August 16, and a woxk order was sent to the Parks Department. That work was done on September 10, which would be approximately a month after the initial order. The following appeared: Tim Casland, 8667 Jorgensen Avenue South, Cottage Grove, trustee for the estate, and Ron Tessmer, 279 Nugent. Mr. Casland stated these two assessments invoived a house and the lot next to it. He sold the lot, and that is how he found out about these assessments. The notice was sent to this mother's house, which is vacant. Normally, Steve Shiller (Code Enforcement) sends him a report. There were some things that needed to be taken care of on the lot. A storm knocked down a tree. They took as much as they could out of there. (A videotape was shown. The house shown and referred to was 283 Nugent Street.) Marcia Moermond asked is 283 Nugent their property. Mr. Casland responded the legal description is 279, but the house aiways had 283 on it. It's been that way for 20 to 30 years. Mr. Magner stated on August 7, 2002, an inspection of the property was conducted. Mr. Shiller issued a suulmary abatement arder to Marian Tessmer at 456 Osceola Avenue South and to Tony Casland at 8667 Jorgenson Avenue South, Cottage Grove. Mr. Casland responded he received �� LEGISLATIVE HEARING MINUTES OF MARCH 25, 2003 Page 2 those notices, but he did not receive the fact that the City had done the work. They did a lot more than what was there. Mr. Tessmer stated he is Mazian's son and Mr. Casland's half brother. He dealt with Mr. Shiller, who condemned the place. There are thirteen brothers and sisters and some problems to work out. Mr. Tessmer has about five properties to take caze of. Lightning hit a 49 inch oak h outside 283 Nugent. It fell toward the house and smashed the fence. The oak tree was about 80 feet high. The yazd looks good compared to what he started with. The brush in the back was not from the original order. Mr. Shiller told him to do the windows, doors, fix the fence, remove the oak tree, and he could keep the swing set for his kids. All that brush was on the easement and the City has the responsibility to clean it up. He threw it over the fence to dry out so it was a lot smaller to deal with. Ms. Moermond asked is it an improved alley. Mr. Casland responded it is all wooded. Mr. Magner responded it is an abandoned area that has never been improved. There is no dirt alley or asphait alley. Mr. Tessmer went on to say that Mr. Shiller asked him to cut three feet from behind his fence. Mr. Tessmer went another ten feet and cleared all the brush. He asked could he leave ii there to dry out, and Mr. Shiller said no problem. Mr. Tessmer's brother came without permission one day and dropped three other trees that had nothing to do with the orders. This assessment is wrong because Mr. Tessmer did everything Mr. Shiller asked him to. The yard was completely raked and wood was in a few piles. There were nine people living in this estate. They had 20 dogs in the yard, and there was a lot of feces. This assessment will blemish Mr. Casland's record. The family does not think he is handling the estate right now. Mr. Casiand asked for a clarification on the charge of the two assessments. Roxanne Flink responded it is $175.50 each. When the assessment first came in, she questioned whether it was one lot or both. An inspector looked and the information they got back was that it was for both. Ms. Fiink took the original amount and divided it. Mr. Magner responded it looked like from the videotape that work was done behind the house, adjacent to the house, and on the vacant lot. It is their standard procedure to split the cost evenly. Mr. Magner stated the suu�uiary abatement was issued on August 7. The inspector also indicated there was ta11 grass, weeds, brush, debris, a space heater, and a number of other items. He went back on the 13`" and the property had not been cut. He returned on August 15 and met with Mr. Tessmer, who said he would ciean up the properry. The inspector went back on the 16t and the work had not been done. He called Mr. Casland and said he would be sending in the work order. The inspector went beyond the normal protocol as faz as issuing a summary abatement to the property owners of record and giving two extensions. Mr. Casland responded he did receive a call, and that is when he went there personally and bagged 15 bags of chips. The videotape showed a grill in the middle of the yazd, and there is nothing wrong with that. Mr. Tessmer stated the original pile was done. He just proceeded to do other projects and that brought in more wood. The original tree cut down was done. LEGISLATIVE HEARING MINUTES OF MARCH 25, 2003 ��3�` Page 3 Ms. Moermond recommends reducing the assessments from $351 to $211 plus the $90 service charges for total assessments of $301. They have a long history of working with Code Enforcement and it sounds like they have been working hard to clean the property up. They know how to negotiate and got an eatension. They still aze responsible for the minimum maintenance. Laid over summary abatements from March 11, 2003: J0207AZA Ctean-up of property at 819 Johnson Parkwav J0207A2A Clean-up of property at 1076 Maryland Avenue East. 819 Johnson Parkwav Steve Magner stated an inspection of the property was conducted on September 26, 2002, with a compliance date of October 2. A summary abatement was issued for tires, auto parts, building materials, clutter, and litter. An order was also issued for accessory structure. The reinspection was October 9. They did not have significant compliance. The work was done on October 28. (A videotape was shown.) Edelmira Trevino, owner, appeazed and stated they planned to use the blocks for landscaping. The City took the grandkid's chairs, lawn mower, telephone, and some stuff out of the garage because they were cleaning it out at the time. Her husband's mom just died in September so they were in Texas cleaning there too. Ms. Moermond asked who was the inspector. Mr. Magner responded Teng Vang. Ms. Moermond asked did she talk to the inspector about getting an extension. Ms. Trevino responded she never saw him. The inspector told her daughter they needed to clean up, so they did. Everything was cleared out. Ms. Moermond asked when Mr. Vang wrote the summary abatement order on this. Mr. Magner responded the original inspection was September 15 and it was mailed on September 26. There was also an abandoned motor vehicle and a red Chevrolet with no plates. A summary abatement was also issued for a black Satum and a purple Ford in violation. A criminal citation was issued to the owner of record. An adult male at the property stated they will continue to bring in vehicles despite the City ordinance. The summary abatement was mailed to 814 Johnson Parkway. Ms. Trevino stated she went to court on the citarion. Ms. Moermond recommends approval of the assessment. It appears the CiTy did the wark and the owner was given notice. There was quite a bit removed. Ms. Trevino responded they took stuff that was not suppose to be taken. Ms. Moermond responded that she can go to the Risk Management Office to get a ciaim form. �� LEGISLATIVE HEARING MINUTES OF MARCH 25, 2003 Page 4 1076 Marvland Avenue East Daniel R. Reitzel, owner, appeared and stated he weed whacked around the tree and cut the grass. (A videotape was shown.) Marcia Moermond stated the City did some work there. Mr. Reitzel responded it didn't even look like it needed to be mowed. Usually he has a kid do it; maybe he didn't do it that week. Ms. Moermond asked when he did the work. Mr. Reitzel responded he does not know. Ms. Moermond stated it does not look that bad, but he should have called the Ciry to say that he did the work. She will knock off $50. Mr. Reitzel asked who makes the decision about when it needs to be cut. Steve Magner responded the ordinance reads eight inches for any growth of weed and grass. This was conducted on a sweep of Maryland Avenue requested by the Administration for tall grass and weeds. A summary abatement was issued to Daniel R. Reitzel at 2207 Genhy Avenue North, Oakdale and 1076 Maryland Avenue East. The work was done on October 9 with a compliance date of October 15. It was a pre-authorized work order, which means the abatement crew does not do a reinspection. They just go out there after the compliance date. Ms. Moermond stated she is not hearing him say that he mowed the lawn after he received the order. Mr. Reitzel responded are the workers so ignorant that they cut the grass again just because they are there after they see it has been cut. Mr. Magner responded the issue was the tall weeds up and around the boulevard and dumpster. It ]ooks ]ike some attempt was made to cut the grass in the azea, but there was no detail work done to trim the weeds grown above the height. There was not much grass to be cut there. If there is a question about what specifically needs to be done, people should call Code Enforcement. Ms. Moermond recommends reducing the assessment from $195 to $100 plus the $45 service charge for a total fee of $145. Mr. Reitzel asked who the inspector was for this property. Mr. Magner responded 7oe1 Essling. Resolution ordering the owner to remove or repair the property at 733 Chartes Avenue. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 3-11-03) (No one appeared.) Marcia Moermond recommends laying over to the April 8 Legislative Hearing. She has been dealing with this address for about four months. She talked to the Director of Code Enforcement yesterday. Mr. Odens is about 2/3 done, and the Director feels he can get the rest done in two weeks. �� , LECTISLATNE HEARING MINUTES OF MARCH 25, 2003 Page 5 J0205W Towing of abandoned vehicles from private property at 972 Davton Avenue. (Laid over from 2-25-03} Marcia Moermond stated when they last talked about this issue, there were a couple of issues going on. The previous management company was receiving the notices and not forwarding them to the owner. The second issue seemed to be the property manager had called the police department about the vehicle. The following appeared: Sonja Hauter, owner, 1087 Fairmount Avenue, and Ninette Carlson, 1067 Hague Avenue. Mr. Hauter stated she spoke to Budget Towing and asked them how much it would cost for someone to take the vehicle, and she was told it would cost nothing. Ms. Maermond stated the plates were gone and the visible VIN had been removed. At the same time, the City received a complaint on May 28 about conditions in the backyazd. There was tall grass and weeds, fumiture. When the inspector went there in early June, there were orders written on the yard and orders written on that vehicle. This police report is dated August 15. The City asked for the vehicle to be taken care of by mid-July. Work orders were done mid-July telling the police to get the vehicle. It cleazly was not a priority. Ms. Carlson also called in mid- August. The vehicle got towed to the Impound Lot. The Impound Lot had standing orders plus it had been called in by Ms. Carlson. They forwarded the information to the Police Departrnent's Auto Theft Division about the vehicle not having plates and VIN. Ms. Carlson stated there was nothing they could do until the police tagged the vehicle. It says on the report that it didn't have to be held. It was a normal tow. Ms. Moermond responded there were outstanding orders to get it cleaned up that was ten weeks old by the time this came together. Ms. Carlson stated she took care of this right away. Ms. Moermond responded they did it right away but she was unaware of these oid orders because she hadn't changed her address with the City and the County about who to notify in these cases. Ms. Hauter asked what she was being charged for. Ms. Moermond responded she was in violation the entire time. She did not receive notice because she did not change her records with the City. Also, she did try to deai with this in a good way, which Ms. Moermond is recognizing. At the same time, there is responsibility both ways. The owner is responsible for taking care of thesethings. Ms. Moermond recommends reducing the assessment from $422.05 to 227.05 plus the $45 service fees for a total assessment of $272.05. The City taxpayers are not responsible foz the owner not changing the address. At the same time, the owner was trying to do the right thing and be proactive about this. Ms. Moermond does not know what Budget Towing said or didn't say. In terms of towing a vehicle off of private property, the City always charges. C��1 LEGISLATIVE HEARING MINUTES OF MARCH 25, 2003 Page 6 Appeal of summary abatement order and hvo vehicle abatement orders at 422 Jessamine Avenue East. (No one appeared.) Lisa Martin reported orders were sent out on Mazch 3, 2003, with a compliance date of March 10 for ten vehicles and garbage on the rear deck and backyazd. There was limited access due to the guazd dogs that were there. She went back on March 10 and the issues remained. Most of the vehicles appeaz to be inoperable and do not have tabs. Some aze on blocks. (Ms. Martin showed photographs to Ms. Moermond.) Steve Magner stated his office has gone there repeatedly and issued orders. This owner does not understand that the City has certaSn codes for exterior storage and motor vehicle storage. The owner went through a registered vacant building process. The building was brought up to compiiance. Shortly after that, the owner started his illegal storage. Ms. Moermond denied the appeai on the Mazch 3 Summary Abatement Order and the two March 3 Vehicie Abatement orders. The appeal application reads "I feel I should have more then 3 days to remove the vehicles in question." The original inspection was Mazch 3, and today is March 25. He got the additional tune by filing the appeal. Resolution ordering the owner to remove or repair the property at 718 Sherburne Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Steve Magner reported this is a two story, wood frame building. It was condemned on August 16, 2002, and has been vacant since September 19, 2002. The current fee owner is Justin Maine. Also listed aze Daniel C. Wilkes and Coileen D. Wilkes per Ramsey County. Five summary abatement notices haue been issued to remove refuse, cut tall grass, and secure buiidings. On December 17, 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 December 31, 2002, with a compliance date of Tanuary 30, 2003. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building fees and real estate taxes aze paid. Taacation has placed as estimated market value of $4,900 on the land and $22,200 on the building. On January 16, 2003, a code compliance inspection was completed. As of today, a bond has not been posted. The estimated cost to repair is $60,000 to $ 70,000; estimated cost to demolish, $7,000 to $8,000. Mr. Magner went on to say this building is severely dilapidated. Someone needs to take an immediate stance to clarify the ownership and post a bond. The following people appeared: 7ustine Maine, fee owner; Diane Maine; Colieen Wilkes; and Daniel Wilkes. Mr. Maine stated the contract-for-deed has been canceiled. Mr. Maine removed o�=�� t LEGISLATIVE HEARING MINUTES OF MARCH 25, 2003 Page 7 over 13 cubic yards of trash from the house. He has over $2,000 worth of windows invested in the property even before the contract-for-deed was cancelled. Ms. Moermond asked when the contract for deed was cancelled. Ms. Maine responded papers were served on October 10. Mr. Maine stated his investor will be fixing up the property and taking care of it. Also, he boarded up the house--not the city--and put on a new door. He had to go back to the property a couple of times to secure the reaz shed. He stops by once every two weeks and has been mowing the lawn. Ms. Maine stated they could not do anything untii they took ownership and that was not until December. Mr. Maine stated the bond has not been paid because he is selling it to an investor. He cannot vouch for it being fixed up if he is not going to do it. Ms. Wilkes stated she is the contract holder and Mr. Maine has not served them papers seeking to cancel the contract. Mr. Wilkes stated the contract has not been cancelled. Mr. Maine stated he paid the vacant buiiding fee and code compliance inspection fee. They sold it to an investor who failed to close in time. They have a new investor who is going to fix up the house. Ms. Moermond asked when the summary abatement orders were issued. Mr. Magner responded there were five summary abatement notices and three work ordezs were sent. Two were issued in December, one in January, and one in February. Ms. Moermond stated Mr. Maine has not been doing a good job stopping by every two weeks if the City has to go there and issue orders. He has been a fee owner since mid-December. Going by every two weeks may not be sufficient. Mr. Maine responded it seems to look the same every time he goes there. He just recently stopped by yesterday and picked up blowing debris in the yard. Ms. Maine stated the trash alone was unbelievabie. They were working in cold weather. There was so much junk in the house, it was hazd to walk on the floor. When he first purchased the contract, a lot of the norices were going to the previous fee owner Richard Kill. Finally, the City put Justin Maine under "interested parties." It is not productive for the City to tear it down when there aze so many interested parties wanting to fix it up. Ms. Moermond asked how the building would be classified. Mr. Magner responded that his main concems are the building be rehabilitated, the property maintained, and a clear title to the property. It sounds like there may be contesting of service. He asked if the court has awarded Mr. Maine clear fitle as a fee owner. Mr. Maine responded yes. (Mr. Maine showed Mr. Magner some paperwork.) 0�3� � LEGISLATNE HEARING MINCJTES OF MARCH 25, 20fl3 Page 8 Ms. Wilkes stated she has not been served any papers and Mr. Maine changed the lock. She has called him on numerous occasions and he never returned her call. She and her husband have soid their interest to people who are willing to fix up the property, and they aze here today. Mr. Maine stated he is personal witness to both affidavits being served. His lawyer is taking caze of all of this. In two to three weeks, the house will be sold. Mr. Magner stated the document he reviewed is an application for a cancellation of the contract, but the signed document from the court is needed. The court system would have to issue a final dissolution of the contraet. Then, Mr. Maine would have legal possession and abiliTy to do this. At this time, there is a disputed ownership. The City would have concem as to whom they aze issuing the bond and permits to and who is doing the work. The City could also encumber some ]iability issues. Ms. Wilkes stated the person they intend to seil the house to is also willing to fix up the house. The purchase agreement has been signed with them. Ms. Moermond stated she would like everyone back here in two weeks. Hopefully, there will have clear title in someone's hands. If they want to contest the dissolution of the contract, that is an issue far the court system. She is pleased that the vacant building fees are paid, the taxes are up to date, and there is a code compliance inspection. These things show they are serious about what they aze doing. What tells her they are not serious is that the City had to do summary abatements. She would ask the owner get out to the property more often. She would like a purchase agreement and some assurance that this agreement will prevail. Also, she would be looking for a plan on how the agreement will be conducted. That plan should address all the items on the code compliance inspection report. They can get a copy of the report from the Office of License, Inspections, Environmental Protection (LIEP). Also, a$2,000 bond needs to be posted at LIEP. If the plan is not adequate and there is not sufficient financial capacity to execute the plan, she will ask the Council to require a bond be posted for the whole amount of the rehabilitation of the City. In summary, Ms. Moermond's recommends that this matter is laid over to the Apri18, 2003, Legislative Hearing. At that time, she will be looking for the following: 1) cleaz title to the property, 2) a purchase agreement and some assurance that this purchase agreement will prevail. When ownership is ciear, she will be looking for the following: 1) a wark plan indicating how all the items on the code compliance report will be completed, 2) evidence of financial ability to compdete these items, 3) A$2,000 bond posted at LIEP. Appeal of summary abatement order and vehicle abatement order at 1487 SelbyAvenue. Mazcia Moermond recommends denying the appeal as an agreement has been reached by the owner and staff. 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