03-342c�ty of st. Paui courr zL O 3 3y7.
R$SOLUTION RATIFYING ASSSSSMENT By
File No. SEE BELOW �'
Assessment No_ SEE BELOW
1�'�mex���d - Q�pr� � � o
Voting
Ward In the matter of the assessment of benefits, cost and expenses for
2 J0207AAAA (9911) ummary abatement (property clean-up) for property
Lnr� �_ �'A, 8 3oc s located at 83 7 Fo �u M rth St . E_
L°a.., A�.�+�.l�c�1. '1+�_ ��, g� 2 00 � ��.�. � ' \,
� J0207A1 (9918) Summary aba ement (pro�erty clean-up) for properties
located at 279 Nugent and 0 Nugent.
LAID OVPsR BY COLTNCIL ON 3-5-03 TO 4-2-03
LEGISLATIVE HEARING WILL BR 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
�enanav
✓Slakey
v�ostrom
.�Coleman
✓�Iarris
�antry
�eiter
�In Favor
p Against
Adopted by the Council:
Date ��,�, � a�
�
� w
.
�-`�g � � 5���' �.� _ �--� ��
.. . _ , __ �
.�„
� 3s�.00 � � a��. o� �.,,�. �.--�
� �o.00 � -
�
°-�. � 30�_00.
Certified Passes by Council Secretary
To Legislative Hearing Officer - 3-25-03
Public Hearing Date - 4-2-03
T.M_S./REAL ESTATE DIVISION
ontact Person and Phone I�ambQr:
Roxanna Flink
is[ be on Couocil Agenda byc
is[ be in Council Researc6 �ce
266-8859
Date:
3/18/03 Green Sheet Number:
EPAR'I'R4:NT DIILEC70R CTTY CO
A7T014vEY
DIItECTOR
03 -� y'3.
204133
& MG7'. SVC. DII2.
000n on Friday public hearing is 4-2-03 I ( �+ YOR (OR.4SSISTAN'n I 1 komvcn. �senuce
I
�TAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
At Council's request on 3-5-03 these items were laid over to 4-2-03, Summary abatements
(property clean-up) for property located at 837 Fourth St. E., Summary abatements for
properties located at 279 Nugent and 0 Nugent FYIe No.'s J0207AAAA and J0207A1AAA.
PLAMNPIG COMhIISSION
CNIL SERVICE COMMISSION
A SiAFF �. Has the persodfirm ever worked under a contraM for [his department? YES NO
C � e . Has this person/firm ever been a CiTy employee? YES NO
A Enforcement
. Does [his persoN£rm possess a skill not normally possessed by any
CIB COMMpTEE A current CiTy employee?
rts whidh Council Objec[ive
Explain all YES answers on a separete sheet and attach.
Neighborhoods Ward 2
1TING PROBLEM, ISSUE, OPPORTUNITY (Who, Whay When, Where, Why?):
"SEE ORIGINAL GREEN SHEET NUMBERS 204035 and 204�Q43"
IF APPROVED:
IF APPROV ED:
ANTAGES IF NOT APPROVED:
,vx e � '" °, �UY�=J
r•'.��' � . .
AMOUIYT OF TRANSACTION: $$Q3.00 COST/REVENUE BUDGETED (CIRCLE ONE)
resouxcE: Assessments only ACTIVITYNUMBEA:
7AL INFORMATION: (F.XPLAIN)
3 urouertv owners will be notified of tLe aublic hearin� and char¢es.
YES NO
17 aF'��[�7
City of St. Pau1
Rea1 Estate Division
Dept. of Technology & Management Serv.
REPORT OF COMPLETI013 OF ASSESSMBNT
COUNCIL FILE NO.
File No. SEE BELOW
Assessment No. SEE BELOW
0'3 -���
Voting
Ward In the matter of the assessment of benefits, cost and expenses for
2 J0207AAAA (9911) Summary abatement (property clean-up) for property
located at 837 Fourth St. E.
J0207A1AAA (9918) Summary abatement (property clean-up) for properties
located at 279 Nugent and 0 Nugent_
LAID OVER BY COUNCIL ON 3-5-03 TO 4-2-03
LEGISLATIVE HEARING WILL BH 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
$708.00
$
$
$
$75.00
$60.00
$843.00
::� ��
Said Valuation and Assessment Engineer further reports that he has assessed and
levied the total amount as above ascertained, to-wit: the sum of $843.00 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 ,� - / � � �_� ����C�,.ryC�
p „�U�iluation and Assessment Engineer
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REPORT 03 -��a'
Date: March 25, 2003
Time: 10:00 a.m.
Place: Room 330 City Hall
I S West Kellogg Boulevard
LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAI,R, CONDEMNATIONS,
SUMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS
Marcia Moermond
Legislative Hearing Officer
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 Nugent Street and 279 Nugent Street.
837 Fourth Street East
Legislative Hearing Officer recommends laying over to the April 8, 2003, Legislative
Hearing.
0 Nu�ent and 279 Nugent Street
Legislative Hearing Officer recommends reducing the assessments from $351 to $211 plus
the $90 administrative fees for total assessments of $301.
2. Laid over summary abatements from March 11, 2003:
J0207A2A Clean-up of property at 819 Johnson Parkwav
J0207A2A Clean-up of property at 1076 Maryland Avenue East.
819 Johnson Parkwav
Legislative Hearing Officer recommends approval of the assessment.
1076 Marvland 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. Resolution ordering the owner to remove or repair the property at 733 Chartes Avenue.
If the owner fails to comply with the resolution, Code Enforcement is ordered to
remove the building.
(Laid over from 3-I 1-03)
Legislative Hearing Officer recommends laying over to the April 8, 2003, Legislative
Hearing.
4. J0205VV Towing of abandoned vehicles from private property at 972 Da �}ton
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.
03 -'���
LEGISLATIVE HEARING REPORT OF MARCH 25, 2003
5. Appeal of summary abatement order and rivo vehicle abatement orders at 422
Jessamine Avenue East
Page 2
Le�islative 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 o�vner to remove or repair the property at 718 Sherburne
Avenue. If the owner faits to comply with the resolution, Code Enforcement is ordered
to remove the buiiding.
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.
Legislative Hearing Officer recommends denying the appeal.
rm
To Legislative Hearing Officer - 2-11-03
Public Hearin� Date - 2-26-03
T.M.S./REAL ESTATE DIVISION
act Perwn and Phone \'urnber.
1
Roxanna Flink'� �
be on Co�ncil Agenda by-
be in Council Research Office
266-8859
naan on Friday 1-17-03
�TAL # OF SIGNATURE PAGES 1
ALL LOCATIONS FOR
03 .3y�-
RESEARCH
IN REQUESTED:
Set date of public hearing and approve assmts for �veekly garbage hauling service for third
quarter of 2002, Demolitions of bldgs. for part of July 2002 to part of Nov. 2002, Summ Abate
for part of July 2002 to part of Dec. 2002, Board-up of vac. bldgs. from Aug. 2002 to Nov. 2002
and Grass cutting (by private contractor) for part of Aug. ZQQ2 to Oct. 2002. File No.'s
.Tn2TRASH30. J0204C, J0207A, J0207B and J0203G.
PLAV\ING CO�I�IISSION
CML SERVICE COJI?IISSION
OB C016111TEE
:ts whidh Council Objective
Neighborhoods
�
0
Date:
��
1/3/03 Green Sheet Number:
EPARTAIE�TDIRECCOR CITYCO
ITY ATtOR�EY 1n C�
DIRECTOR
204035
& �tcr. svc. ntR.
STAFF Il. Has the person/firm ever worked under a cootract for this department'. YES n0
Ca1e
Enforcement
vacantbidg
Espla'rn all YES answers on s separa[e sheet and at[ach.
TING PR073LEDt, 1SSUE, OPFORTD1iITY (\Vho, Nhnt, When, \Yhc�'e, �Vhy'.):
YES 7�0
YES �O
Property owners or renters create a health hazard at various times thronghout the City of Saint
Paul when their property is not kept up.
SF APPROVED:
Cost recovery programs to recover expenses for Garbage hauling, Demolitions, Summary
abatements, Boarding-up and Grass cutting. 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 snofv and ice from
sidewalk and cross walks.
IF APPROVED:
If Council 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
IF NOT APPROb'ED:
Neighborhoods would be left to deteriorate and property values would decline. Nobody would
take care of their property, especially vacant or rental properties. IZodents, filth, garbage and
trash would accumulate everywhere. Disease and pests could become a problem.
�AL AIIIOUNT OF TRANSACTION: $ZZ(�3O7.OH COST/REVENUE BL'DGETED (CIRCLE O\E)
SOURCE: ASSCSSIDCIItS
aLIYFOR�tAT10�:(EXPLAIY)
259 property owners will be
(OR ASSISTA\'i}
Has this person/firm ever been a City employee'.
Does this personlCirm possess a skill not normally possessed by any
current City empioyee?
ACT[ViTY NUMBER:
of the
and
YES n0
To Legislative Hearing Officer - 2-25-03
Public HearinQ Date - 3-5-03 _ _
T.M.S./REAL ESTATE DIVISION
;ontact Yerson and
Roxanna Flink�
be on Councii Agenda by:
be in Council Research Otfite
/ � � : : �
noon on Friday 2-1�-�3
JTAL # OF SIGNATURE PAGES 1
o a -3y�'
Date: 1/15/03 Green Sheet Number: 204043
DEPART�fE\7 DIREClOR ITY COG\CIL
ITYA7'rORCEY [iYCLERI:
BGDGETDIRECCOR FIS.&�IG'I.S�'GDIR.
SIAYOR(ORASSIS7A�� 1 Oli�CILRESEARCH
(CLIP ALL LOCATIONS FOR SIGNATURE)
1N REQUESTED:
Set date of public hearing and approve assmts for Towing of aband vehicles from private
property for parts of b1ay, June, July, Aug. of 2002, Boarding-up of vacant bldgs. for Dec. 2002
and Summ Abate (property clean-up) for part of July 2002 to part of Dec. 2002. File No.'s
J0205V, J0208B and J0207A1.
PLAV�IYC COII�IISS10�
CML SERVICE CO�llIISS10\
CIB CO>t)��T['EE
rts xhidh Council Objecti�e
Pi eighborhoods
A STAFF
� Code
A Enforcement
A racantbidg
Has [he personlfvm ever �corked under a contract Cor this departmencT
Has this person/frm ever been a City emplo}'ee".
Does this persoNfirm possess s skill not normallc possessed by any
currcnt Ci[}'ertiployee'.
Ezplain all YES ansvers on a separate shcet and at[acl�.
TI\'G PROBLE�I, ISSL'E, OPPORTti\ITY" (�Vho, �1'hal, �Vhen, \�'hcrc, ��'hy'.):
1ES
2'ES
1'ES
P�'operty� o�vners or rerter s ct'eatc a l�e,iltli tiaz,ard at ���ai'ious times Yliiau�liodit thc Ciiy� of �aii3t
Paul when their property is not kept up
A\TAGE$ IF APPROVED:
Cost recovery programs to recover expenses for Towing of aband. vehicles, Boarding-up and
Summ. Abatement. This includes cutting tali grass and weeds, hauiing a�vay all garbage, debris,
refuse and tires. Aiso, nll household items such as refrigerators, stoves, sofas, chairs and all
other items. In winter this includes the removal of snow and ice from side�Falk and cross walks.
A\TAGES [F APPROVED:
If Council does not approve these charges, Ge�eral Fund would be required to pay the
nssessment. Assessments nre pay�able over 1 or 10 years and collected �r'ith the property taxes if
not paid.
p\TAGES IF \OT APP20�'ED:
Neighborhoods Fvould be left to deteriorate and property v�lues would decline. Nobody would
take care of their property, especiaily vacant or rental properties. Rodents, filth, garbage and
trash would accumulate every�vhere. Disease and pests could become a problem.
AltOtt\T OFTRA�SACTIO\: �y(2 ,832.79 COSTlREVE\UE BUDCETED (CIRCLE O�E)
SOliRCE: ASSCSSR18IIt5ORl}' ACTIVITYNUM6ER:
YES
.LI\FOR�IATIO\:(EXPLAI\)
] 18 propert}� owners will be notified of
MINUTES OF THE LEGISLATIVE HEARING
C��3�Z
�\ �
ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SUMMARY
ABATEMENT ORDERS, ABATEMENT ASSESSMENTS
Tuesday, Mazch 25, 2003
Room 330 City HalUCourthouse, 15 West Kellogg Boulevard
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 10:05 a.m.
STAFF PRESENT: Roxanne Fiink, Real Estate; Steve Magner, Code Enforcement; Lisa
Martin, Code Enforcement; Racquel Naylor, City Councii Offices
Laid over summary abatements from February 25, 2003:
30207AAA Clean-up of property at 837 Fourth Street East
J0207A1AAA Clean-up of property at 0 Nugent Street and 279 Nu�ent Street.
837 Fourth Street East
Racquel Naylor stated the owner cailed to say she could not attend today because she is sick.
Marcia Moermond recommends laying over to the Apri18 Legislative Heazing. This is the third
request for a layover. If she does not show on Apri18, Ms. Moermond will recommend approval
of the assessment.
0 Nuqent and 279 Nugent Street
Steve Magner stated a sumu�ary abatement was mailed on August 8, 2002, to remove refuse,
scrzp lumber, metal, brush, and debris on the property with a compliance date of August 13. It
was reinspected on August 16, and a work 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 involved
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.)
Mazcia Moermond asked is 283 Nugent their property. Mr. Casland responded the legal
description is 279, but the house always had 283 on it. IYs been that way for 20 to 30 yeazs.
Mr. Magner stated on August 7, 2002, an inspection of the properiy was conducted. Mr. Shiller
issued a summary abatement order to Marian Tessmer at 456 Osceola Avenue South and to Tony
Casland at 8667 Jorgenson Avenue South, Cottage Grove. Mr. Casland responded he received
�� 3�"�___
LEGISLATIVE HEARING MINiJTES 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 Marian's son and Mr. Casland's haif 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. Lighhung hit a 49 inch oak tree
outside 283 Nugent It fell towazd the house and smashed the fence. The oak tree was ahout 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
asphalt 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 cleazed all the brush. He asked could he leave it 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 yazd 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. Casland asked for a clarification on the chazge 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. Flink took the originaI 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 summary abatement was issued on August 7. The inspector also indicated
there was tall 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 clean up the properiy. The inspector went back on the 16`" 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 far as issuing a summary abatement to the
property owners of record and giving two extensions. Mr. Casland responded he did receive a
cail, and that is when he went there personally and bagged I S bags of chips. The videotape
showed a grili 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.
C��=�`�Z
LEGISLATNE HEARING MINUTES OF MARCH 25, 2003 Page 3
Ms. Moermond recommends reducing the assessments from $351 to $21 I 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 hazd to clean the property up. They
know how to negotiate and got an extension. They stiil aze responsible for the minimum
maintenance.
Laid over summary abatements from March 11, 2003:
J0207AZA Clean-up of property at 819 Johnson Parkwav
30207A2A Clean-up of property at 1076 Marvland Avenue East.
819 Johnson Pazkwav
Steve Magner stated an inspection of the properiy 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 aiso issued for accessory strucriue. 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 gazage
because they were cleaning it out at the time. Her husband's mom just died in September so they
were in Texas cieaning 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 toid her daughter they needed to clean up, so they
did. Everything was cieazed out.
Ms. Moermond asked when Mr. Vang wrote the summary abatement order on this. Mr. Magner
responded the originai inspection was September 15 and it was mailed on September 26. There
was also an abandoned motor vehicle and a red Chevrolet with no piates. A summary abatemeni
was also issued for a black Saturn 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 suinmary abatement was mailed to 819 Johnson
Parkway.
Ms. Trevino stated she went to court on the citation.
Ms. Moermond recommends approval of the assessment. It appears the City did the work 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 claim form.
O���Z
LEGISLATIVE HEARING MINIJTES OF MARCH 25, 2003 Page 4
1076 Mar�and Avenue East
Daniel R. Reitzel, owner, appeazed 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 calied the City 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 tali grass and
weeds. A summary abatement was issued to Daniel R. Reitzei at 2207 Gentry Avenue North,
Oakdale and 10�6 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 heazing him say that he mowed the lawn after he received the
order. Mr. Reitzel responded aze 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 boulevazd and dumpster. It looks like 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 Joel Essling.
Resolution 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
buiiding. (Laid over from 3-11-03)
(No one appeared.)
Marcia Moermond recommends laying over to the April 8 Legisiative 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 feeis he can get the rest done in two
weeks.
C�
LEGISLATIVE HEARING MINUTES OF MARCH 25, 2003 Page 5
J0205W Towing of abandoned vehicies from private property at 972 DavYon Avenue.
(Laid over from 2-25-03)
Mazcia Moermond stated when they last taiked 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. Moermond 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 backyard. There was tall
grass and weeds, furniture. When the inspector went there in eazly 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 clearly was not a priority. Ms. Cazlson 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 DepartmenYs
Auto Theft Division about the vehicle not having plates and VIN.
Ms. Cazlson 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 caze of this right away. Ms. Moermond responded they did it right
away but she was unawaze of these old 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 deal with this in a good way, which Ms. Moermond is recognizing.
At the same time, there is responsibility both ways. The owner is responsible far taking care of
these things.
Ms. Moermond recommends reducing the assessment from $422.Q5 to 227.05 plus the $45
service fees for a totaI assessment of $272.05. The City taxpayers are not responsible for the
owner not changing the address. At the same fime, 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 Ciry always charges.
��=3Lk Z
LEGISLATIVE HEARING MINLJTES OF MARCH 25, 2003 Page 6
Appeal of summary abatement order and two vehicle abatement orders at 422 Jessamine
Avenue East.
(No one appeazed.)
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 reaz deck and backyazd. There was limited access due to the
guard dogs that were there. She went back on Mazch 10 and the issues remained. Most of the
vehicles appeaz to be inoperable and do not have tabs. Some are 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 certain codes for exterior storage and motor vehicie storage. The
owner went through a registered vacant building process. The buiiding was brought up to
compliance. Shortly after that, the owner started his illegai storage.
Ms. Moermond denied the appeal on the March 3 Summary Abatement Order and the two March
3 Vehicle 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 time by filing the appeal.
Resolution ordering the owner to remove or repair the property at 718 Sherburne Avenue.
If the owner faiis 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 Colleen D. Wilkes per Ramsey County. Five summary
abatement notices have been issued to remove refuse, cut tall grass, and secure buildings. 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 January 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 are paid. Taacation has placed
as estimated mazket value of $4,900 on the land and $22,200 on the buiiding. 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 appeazed: JusYine Maine, fee owner; Diane Maine; Colleen Wilkes; and
Daniel Wilkes. Mr. Maine stated the contract-for-deed has been cancelled. Mr. Maine removed
C��=��2
LEGTSLATIVE 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 cancelied. Ms. Maine responded papers
were served on October 10. Mr. Maine stated his investor wiil 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 un51 they took ownership and that was not un61
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 orders 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
yazd.
Ms. Maine stated the trash alone was unbelievable. 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 notices were going to the previous fee owner Richard Kili. Finaliy, the City
put Justin Maine under "interested parties." It is not productive for the City to tear it down when
there are so many interested parties wanting to fix it up.
Ms. Moermond asked how the building would be classified. Mr. Magner responded that his
main concerns aze the building be rehabilitated, the properry maintained, and a clear title to the
property_ It sounds like there may be contesring of service. He asked if the court has awarded
Mr. Maine cleaz tifle as a fee owner. Mr. Maine responded yes.
(Mr. Maine showed Mr. Magner some paperwork.)
�����
LEGISLAT`IVE HEARING MINUTES OF MARCH 25, 2003 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 retiuned her cail. She and her husband have sold
their interest to people who are willing to fis up the property, and they are here today.
Mr. Maine stated he is personai witness to both affidavits being served. His lawyer is taking care
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 contract. Then, Mr. Maine would have legal possession and abiliry to do this.
At this time, there is a disputed ownership. The City would have concern as to whom they aze
issuing the bond and permits to and who is doing the work. The City could aiso encumber some
liability issues.
Ms. Wilkes stated the person they intend to sell the house to is aiso wiliing 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 for the court system. She is pleased that the vacant building fees are paid, the ta�ces are
up to date, and there is a code compliance inspection. These things show they aze serious about
what they are doing. What tells her they are not serious as that the City had to do suimnary
abatements. She wouid 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 wouid be
looking for a pian 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 Yhere is not sufficient financial capacity to
execute the plan, she wili 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 Aprii 8, 2003,
Legislative Hearing. At that time, she will be looking for the following: 1) clear title to the
property, 2) a purchase agreement and some assurance that this purchase agreement will prevail.
VJhen ownership is clear, she will be looking for the following: 1) a work plan indicating how
a11 the items on the code compliance report will be completed, 2) evidence of financial ability to
complete these items, 3) A$2,000 bond posted at LIEP.
Appeal of summary abatement order and vehicle abatement order at 1487 Selby Avenue.
Marcia Moermond recommends denying the appeal as an agreement has been reached by the
owner and staff:
The meeting was adjourned at 1120 a.m.
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