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03-734�i�S.��ev — /-fi�Lu.s.� � � �1�i13 ClTY 06�SAi�47 P Presented By Referred To I�7 Committee: Date �!y 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 two story, wood frame, single family dwelling, and other accessory structures: small metal utility shed located on property hereinafter referred to as the "Subject Properiy" and commonly known as 495 Curtice Street East. This properly is legally described as follows, to wit: Lot 12, Block 2, Paui Martin's lst Addition WIIEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before January 9, 2003, the following are the now known interested or responsible parties for the Subject Property: Clarence J_ Cooksey, c/o Peg Sheaxen, RFP Clinic, 860 Arcade Street, St. Paul, MN 55106; AmeriQuest Mortgage Company, Attn: Olivia Barton, 505 City Parkway West, Oranae, CA 92868; Peg Shearen, RFP Clinic, 860 Arcade Street, St. Paul, MN 55106_ WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s�" dated May 21, 2003; and W�IEREAS, 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 WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by June 20, 2003; and WI3EREAS, the enfarcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WF3EREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearin�s before the Legislative Heazin� Officer of the City Council and the Saint Paul City Council; and WFIEREAS, 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 tne pubiic iiearings; and Council File # 03-�� Green Sheet � .�pOozoaa WIIEIZEAS, a hearing was heid befare the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 22, 2003 to 4�-�� tiear zestimony and evidence, and after receiving testimony and evidence, made the recon�.uiendation to approve tlie request to order the interested or responsible parties to make the Subject Property safe and not detrimentai to the public peace, health, safety and welfare and reznove its blighting influence on the community by rehabilitating this structtue in accordance with all applicable codes and ardinances, or in the alternative by demolishing and removin� the structure in accordance with all applicable codes and ordinances_ The rehabilitation or demolition of the structure to be compieted within �s� days after the date of the Council Hearing; and /Cd WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 6, 2003 and the testimony and evidence includin� the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 495 Curtice Street East: That the Subject Properiy comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00)_ 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Buildina(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subj ect to demolition. 7. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enfarcement, 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. OI2DER The Saint Paul City Council hereby makes the following order_ 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 bli�hting influence on the coi�in�unity 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 demolishing and removing the structure in accordance with all ., i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 03-7�� applicable codes and ordinances. The rehat�ilitation or demolition and removal of the structure must be compieted within- �'days after the date of the Council Hearing. 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, fiil the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, ail 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 time period. If all personal property is not removed, it shali 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. Requested by Department of: Code Enforcement Division By : K �`! Form Approved by City ACtorney Adoption Certified by Council Secretary By: Approved Date By: Mayor for Submi By: Adopted by Council: Date ,/.�u/�Cfs1Z�0/J3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sh�-�* 03-73� CS ��tizrn Secvices Contaet Person 8 Phone: Andy Dawkins 266-1927 MUSt Be on O6-AUG-03 Total # of SignaYure Pages 27.IUN-03 I Green Sheet NO: 3002022 � DevartmeM Sent To Person Initial/Date a " 'c � /lSSign 1 itizenServices De artmentDirector Number Z i ev Fo� 3 avor•s Office JlavodAssistant Routing Order 4 � 5 itv CIerA CiN Cierk (Ciip Ail Locations for Signature) Action Requested: City Council to pass tivs resolurion wluch 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 495 Clutice Street. Following Questions: Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for this departmenY? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this personffirtn possess a skilt not normally possessed by any curzent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Prob�em, Issues, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties lmown to the Enforcement Officer were given an order to repair or remove the building at 495 Curtice Street East by June 20, 2003, and have failed to comply with those orders. kdvantages If Approved: The City will eliminate a nuisance. � �; . ' � � r. .; . .....,. JUL 01 2QU3 DisadvanWgeslfApproved: ('��`T`/ Q��i�� The City will spend funds to wreck and remove this building(s). These costs will be ass'� sed fo t�e"prope a cdlPe as a special assessment against the property taxes. Disadvantages If Not Approved: A nuisance condition will remain unabated in the City. This building(s) will continue To blight the community. 1 Amount or g000 Transaciion: Punding Source: 040 Cost/Revenue Budgeted: y Activity Numher: 30251 �� JUL o� 2003 Financial Information: (Explain) CITIZEN SERV[CE OFFICE Dannld J. Luna, Ciry' C[erk 0�- �.�� DNISION OF PROPERTY CODE ENFORCEMEN"I I CTI'I' OF SAINT PAUL Nuisnnce B«ilding Code EnforCemenf I Rarsdy C Kelly, Mnyor 1600 White Benr Avenue North Tel: 6i /-266-1900 � SaimtPauI,MNS�/06 Far�651-266-1926 � �E��O�I�D JUL 01 2003 June 27, 2003 � �.��f ,�T�.o � � �� NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 495 �urtice Street East The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 22, 2003 City Council Hearing - Wednesday, August 6, 2003 The owners and responsible parties of record are: Name and Last Known Address Interest Clarence J. Cooksey c/o Peg Shearen RFP Clinic 860 Arcade Street St. Paul, MN 55106 Fee Owner AA-ADA-EEO Employer AmeiiQuest Mortgage Company Mortgage Company Attn: Olivia Barton �3 — 7�� 505 City Parkway West Orange, CA 92868 Peg Shearen RFP Clinic 860 Arcade Street St. Paul, MN 55106 The legal description of this property is: Social Worker for Fee Owner LKot 12, Block 2, Paul Martin's lst Addition 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 known responsible parties to eliminate this nuisance condition by correcting the deficiencies ar 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, Ir , , i i � r Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:pm cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO Employer t v� �� REPORT Date: August 12, 2003 Time: lO:Od a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING FOR ORI3ERS TO REMOVE/REPAI�tt, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Marcia Moermond Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the building(s) located at 837 Fourth Street East. If the owner faiLs to comply with the resoluHon, Code Enforcement is ordered to remove the building(s). (Laid over from 7-22-03) Legislative Hearing Officer recommends granting the owner siz months to complete the rehabilitation of the property on condition that a work plau, indicating how all of the items on the Code Compliance inspection report will be addressed, is provided by noon of August 27, 2003. �L 2. Resolution ordering the owner to remove or repair the building(s) located at 495 Curtice Street East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). (Laid over from 7-22-03) Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation of the property on condition that the following is done by noon of August 27, 2003: 1) a work plan has been provided and approved; 2) a$2,000 bond has been posted; and 3) evidence has been provided of financial ability to complete the items on the Code Compliance inspection report. 3. Appeal of Norice of Condemnation and Order to Vacate at 936 White Bear Avenue North. Legislative Hearing Officer recommends ]ifting the condemnation if all of the corrections have been made at the time of the re-inspection on August 16, 2003. 4. Appeal of Correction Notice at 936 White Bear Avenue North. Legislative Hearing Officer recommends denial. 5. Appeal of Notice of Condemnation and Order to Vacate at 285 Touaine Street. (Legislative Hearing Officer's recommendation is forthcoming.) 6. Appeal of Summary Abatement Order dated July 14 at 285 Toapine Street. Legislative Hearing Officer recommends denial. O3- �.�� REPORT Date: July 22, 2003 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAII2, CONDEMNATIONS, SLJMMARY ABATEMENT ORDERS, AND ABATEMENT ASSESSMENTS Mazcia Moermond I,egislative Heazing Officer 1. Resolution ordering tht owner to remove or repair the building(s) at 512 Beaumont Street. If the owner fails to comply with the rest�lation, Code Enforcement is ordered to remove the building(s). Legislative Hearing Officer recommends granting the owner 180 days to rehabilitate the property. � 2. Resniution ordering the o�vner to remove or repair the building(s) at 495 Curtice Siree! East If tLe owner fails to comply with the resolution, Code Enforcement is ordered tt� remove the bvilding(s). I,egislative Hearing (�fficer recommends laying over to the August 7 2, 2003, Legislative Hearing. 3. Appeai of Notice of Condemnation and Order to Vacate a# 297 Burgess Street. (Legislative Hearing Officer's recommendation is forthcoming.) 4. Besolntian ordering the vwner ta remove or repair tbe building(s) at 837 Fourth Street EasL If the owner faits fo comply witk the r+e�lntion, Code Enforcement is ordered to remove the bnilding(s). (Laid over from 7-8-03) I.egislative Hearing Officer recommends laying over to the August 12, 2003, Legislative Hearing. � 03- 73s� MINUTES OF THE LEGISLATIVE HEARING LEGISLATIVE HEARING FOR ORDERS TO REMOVFJREPAII2 CONDEMNATIONS, SUNIMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Tuesday, July 22, 2003 Room 330 City Hali,15 West Kellogg Boulevazd Marcia Mcermond, Legislative Hearing Officer The hearing was called to order at 10:02 a.m. STAFF PKESENT: 3teve Magner and Tony Novak, Code Enforcement Resolution ordering the owner to remove or repair tLe building{s) at 512 Beaumont Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). (Sieve Ma�ter submitted photographs.) Steve Magner reported this property was condemned on December 5, 2002, and has been vacant since January 8, 2003. The current owner is Sherry D. Ciark and Alfred Clark. The Clarks were foreclosed on by the mortgage company. The sheriff's sale has occurred, and the six month redemption period is over. The new owner is Renovation, Inc. Two summary abatement norices have been issued to clean the yard. On May 13, 2003, an inspection of the building was conducted, a list of deficiencies that constitute a nuisaace cvndition was developed, and phQiagraphs were caken. An order to abate a nuisarice building was issued on May 29, 2003, with a compliance date of June 30. As of this date, this property remains in a condirion which comprises a nuisance as defined by the legislative code. The City has had to boazd this building to secure it against trespass. The vacant buiiding fees have been paid by Renovation, Inc. Real estate taxes aze unpaid of $632 for the year 2003. Tasation has placed an esrimated market value of $12,500 on the land and $55,200 on the building. A code compliance inspection is scheduled for June 24. The $2,000 bond has been posted. The estimated repairs aze $fi0,000 to $75,000. It is Mr. Magner's understanrling that Yhe new owner 3�as posted t3ie bond, paid the vacant building fees, regEsterea� the buiIding, applied f� the team inspection, and is in the process of cleaning out the building. He plans to ask for 180 days to rehabilitate this property, which Mr. Magner does not have a problem with. Wally Nelson, Renovauon Inc., appeared and stated tases and the bond are paid. The house is in the clean-out phase right now. The code compliance inspection is 3'hursday (July 24). Marcia Mc�x�d reccrmme�ds grentmg t�e owner I8fi days to rehabilitate the property pending complerion af the et�3e eomplia�e insgsciian. � Resolution ordering the owner to remove or repair the building(s) at 495 Curtice SYreet EasL If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). (Steve Magner submitted photogaphs; they were later retumed.) D�— 7�s� MINU'I'ES OF THE LEGISLATIVE HEARING OF 7ULY 22, 2003 Page 2 Beth Asmussen, Shapiro and Nordmeyer Law Firm, 7300 Metro Boulevard, Suite 390, Edina, representing AmeriQuest Mortgage Company, appeared. Steve Mab er gave the following report: The building was condemned and has been vacant since August 26, 2002. The ciurent owner is Clarence Cooksey per Ramsey County Property Records and Revenue. The property has recendy been foreclosed by AmeriQuest. Two summary abatement norices have been issued to secure the dwelling and cut tall grass and weeds. On May 14, 2003, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance r;ondition was developed, and photographs were taken. An order to abate a nuisance building was issued on A�iay 21, 2i�3, with a compiiance date of June 20. As of this date, this property remains in a consiit�fln u'I�� a�Pnses a nuisan� as defined bY the legislative code. The City had to boazd this building to secure it against trespass. The real estate taxes are unpaid of $1,338 for 2003. Ta�cation has placed an estimated market value of $92,800 on the building and $14,3fl0 on the land. As of July 15, a code compliance inspectifln was done. As of today, the bond has not been postecl. R'iih the extent of deterioration, the repairs could be close to $90,000. Ms. Moermond asked what led to the building's condemnation. Mr. Magner responded the previous owner had some issues with his ability to maintain the property and keep the building in a safe and habitable condition. He was unable to take caze of his day to day needs. The owner was able to geY counseling and now has a structured living environment. There were gross unsanita�+ cxmditit�ns througliont the dweiling. Ms. Asmussen reqvested i8fl days for her client to find a buyer to rehabilitate the property. The sheriff's sale was May 9 subject to a six-month redemption period. The client bought a cour[ action to reduce that redemption period to five weeks. The last day for the mortgage or to redeem was June 18. The client is now the owner. The client has paid the vacant building registration fee and cleaned out the debris. It was ready to mazket as of last Friday (July 18). Ms.lvIoermond szated the i80 days is reservecl to conclude the rehabilitation of the building. She asked if 3� �siy had to secnre it against Trespass since AmersQuest becazne the owner. Mr. Magner respon�led no. It is secure. A mainLenance company is doing lawn care. Ms. Moermond recommends laying this over to the August 12 I.egislarive Hearing and the August 27 Ciry Council pubiic hearing. That will give AmeriQuest a month to concYude a transaction. Before she recommends that anyone rehabilitate the property, she would request the foli�wiiag- �) a$2,0� bnnd Pos�� ) a Pla° f°r the bl"idiag's rehabilixation submitted to Steve �er �r �s. �/iaermond, 3) evidence of �rnancial �ficiency to complete the items on the �, ��, ��yng a buypa wo�a�d be tiie $ey issue on August 12. The plan for completing the rehabiTitation and posting the bond would need to be compieted by noon of August 27. Ms. Asmussen responded that she may have another attorney cover for her on that date. Mr. Magner responded that he or someone else will be available. �,.3- 73� NIII�TUTES OF THE LEGISLATIVE HEARING OF JIJLY 22, 2003 Page 3 Appeal of Notice of Condemnation and Order to Vacate at 297 Burgess Stree� The following appeared: Kelly Brisson, owner, and Gert Johnson, friend, 1726 Flandrau Street. Steve Magner reported this dwelling was declazed to be unfit for human habitation on 7uly 15, 2003 with an order to vacate of July 15. There were a number of items that constitute endangerment. One item is the lack of basic facility, which is electriciTy. Candles, fuel operated lighting, and an extension cord with wiring were in use. In addition, the owner had a pemut to do roof work, but it has not been completed based on information from the building inspector in the Office of i.IEP (Licznse, Inspeciians, Environmenral ProYection.) 'i'he inspector has identified That she covld see 3ighi enrering t33rough the roof when she Iooked in one of the windows. There were other violauons that are noted. The owner has a history of noncompliance with a number of exterior building storage items including vehicles, garbage, rubble. When the reinspection was done, the inspector condemned the building. This is a duplex. (Steve Magner submitted photographs. They were laier returned.) Mr. Brisson stated it has been a terrible weather for roofing. One half of it has been done. One side of the roof falls on his driveway and one half falls on his neighbor's driveway. His neighbor would not let him use her driveway. It is impossible to tear off the roof with three layers of shingies and n�t get them in her driveway. He had a problem with identity theft and had $1,700 of bills he could nat afford to pay. He has zaken steps to pay $2,500 of the power bili. Only $400 was his. He has a workshop in the attic and he nesded a cord to run the air nailer to resheet the whole roof, which was rotten. The cheapest bill on the roof was $11,000. He does not have that kind of money. Ms. Johnson explained that when the inspector saw the ]ight coming through the roof that was when they 3�ac1 tom off the roof because he was working on it. A lot of work has been done since the c�rder has 33een issued. Two vehicles are now gone. The brush is gone. Mr. Brisson added that his to�v tnac3� is gone, which is his work vehicle. He is working hard to fix his house. He works seven days a week, 10 to 12 hours a day, and takes care of three kids. Ms. Moermond asked is there anything from the power company. Mr. Magner responded Inspector 1Vlartin conYacted Xcel Energy, and they have received payment. This property is on the to-be-aestofed 3isL Mr. Brisswe added tbat they dismantted $�is �nneter box. Ms. Moermond as�Ced were there other orders at this property. Mr. lviagner responded there have been a n�aber af iss�ses since December 2001. Ms. Moermond asked when he purchased the property. Mr. Brisson responded October 10, 2001. He put $15,000 in windows. When he got the place, added Ms. Johnson, the windows were spray painted black, I�ocked out, there were no walls, no electricity upstairs, no heat upstairs, and the light switches were missing. The downstairs is nice and is Section 8 approved. 03- �.3� MINUTES OF T'HE LEGISLATIVE HEARING OF NLY 22, 2003 Page 4 Mr. Brisson went on to say that he hauled out about 8 dumpsters fuil of garbage. When he moved in, the basement was full of gazbage. Ms. Moermond asked how far along he was with the items on the list. Ms. Brisson responded the house numbers are there. He brought in dirt to fill the holes in the driveway. The neighbors were draining into his yard, and he was having flooding problems. He brought in truckloads of dirt to level out his backyard. The house is half painted. He is wairing to get done with the roof befo� he finishes painting. He is trying to concentrate on one side of the house first. Ms. Moermond stated thai when there is a condemnation, there is a right to appeal, which the owner has done. The City Council ultimately makes the clecision on granting or denying the appeal. This issue is scheduled to have a public hearing in front of the City Council on August 6. When there is a condeinnaUOn, as soon as the Legislative Hearing Officer makes a decision, the issue is no longer in limbo. She is going to keep this in legal limbo for a little longer expecting to see some progress. She will make her recommendation to the City Council on August 6 for the City Council to validate that recommendation. The owner is trying to make progress. Her recommendation will be based on followup inspections. Ms. Moermond asked Mr. Magner can he schedule an inspection before August 6. 3vIr. Magner responded the owner should contaci Lisa Martin (Code Enforcement) to reinspect the property prior to August 6- AL�o, the owner wauld need to contact the building inspector to set up a reinspection for the pernut work. The inspector would expect the ele�tricity to be legally restored, and the roof completed. The whole house does not need to be sided, but the windows, eaves, and roof should be dealt with. The owner has permits for repairing the windows and the roof. I�e also needs to maintain the yard. He has a long history of having vehic]es in there. He has to stop that. The inspector would need access to both interior units to do a walk through for ]ife safety issues, i.e. working smoke detectors, circuit interrupters, eta There was not a full inspection of both units at the time of the original condemnation. Ms. Mcermond stated she would iike a�pa€t from Code EnforcQment by Noon of August 6. The owner should call her on August 6. In summary: Ms.lvIoermond's recommendation is forthcoming on this issue. In order to make her recommendation to the City Council, she would like a reinspection done on the property before August 6. Also, she would like Yhe following items from the deficiency lisi completed by noon of August 6: i. Conciitions cflnstii�tes materials endangerment ia�k of basic faciliiy. (I,ack of electricity. Iminediately restore electrical service. Failaue to provide prvper electrical service will res�lt �n these paeansses b�ag c�eclareti U�frt #ar �-Iu�aa Habitation and ordered vacated for l�k ctf this basic #'acility. Use of candles, ffueI operaYed lighting or extension cord wiring is not permitted while the power is off.) 2. The roof is deteriorated, defective, or in a state of disrepair. Repair of replace the roof covering to a sound, tight, and water impervious condition. Pernut may be required. 03- 73� MINUTES OF THE L,EGISLATIVE HEARING OF JIJLY 22, 2003 Page 5 9. The windows and/or storm windows are in a state of disrepair. Replace all missing or broken window glass. Make all necessary repairs to frames, sashes, hardware, and associated him in a professional manner. Pemut may be reguired. 10. The windows and/or door screens are missing, defecrive or in a state of disrepair. Provide proper window and door screens for all openable windows and doors. Screens must be tight-fitting and securely fastened to the frames. 12. Sanitation: Im�nediate]y remove improperly stored or accumulated refuse including; garbage, rubbish, junk, vehicle parts, wood, metal recycling materials, household items, building materials, rubbles, tires, etc. from yard. The Saint Paul I.egislative Code reguired alt exterior propeny arsas to be mairnained in a ciean and sanitary condition. Usable materials must be stored in an approved manner, so as not to constitute a nuisance. Resolution ordering the owner to remove or repair the building(s) at 837 Fourth Street East If #he owner fails tu complg with the resolution, Code Enforcement is ordered to remove the builclingjs). (Laid over #rom 7-8-03) The following appeared: Dorothy Lyons, 10072 Tenth Street North, Lake Elmo; Williams Lyons, Ms. Lyons' son, 10105 Tenth Sueet North, Lake Elmo; and William Hammes, Ms. Lyons' brother, 10105 Tenth Street North, Lake Elmo. At the previous hearing, Marcia Moermond stated, there were a lot of things that needed to be done. Ratt3uei Naylor responded a code compiiance inspection completed, a work plan, a financiai plan, real estate ta�ces paid, and a$2,000 bond posted. Ms.1VIoermond added that they were suppose to clear the title also. Ms. Lyons stated she got the Code Compliance Inspecrion done and the report was received on Friday. The taxes are paid as of yesterday (July 21). She has a check with her today for the $2,0�� perfaamance bond. She has her brother William Hamines with her; he will help her finance the project, cuorctinate it, and assume responsibility for getting the job done. Mr. Hammes stated he contaczed a licensed piumber yesterday. As soon as they get the pemuts, they will go to work on the plumbing. Ms. Moermond asked about the citation that is outstanding for failure to register the vacant building. Ms. Lyons responded she did not gei ouY to the Code Enfoz�ement office to pay the $200 fez yesterday_ T`ony 1Vovak added ihat i#ihe #ees have noi been paid, then the citation is still outstanding. Ms_ as�ed whai ihas been dnne Tfl gsd t�e properry in Ms. Lyons' name. Ms. Lyons answersd she contacted an attorney who does probaie issues, but she wanted to get the code compliance inspection list first. Ms. Moermond asked about the financial capacity to complete the repairs on the Code Compliance Inspection Report. With Mr. Hammes help, responded Ms. Lyons, it will be done. O�- �3� MINUTES OF THE LEGISLATIVE HEARING OF JIJLY 22, 2003 Page 6 Because of the unciear ownership issue, Mr. Magner requested the following from any parties providing monies to rehabilitate the property: proof that they have the money to rehabilitafion this property, and willingness to put that money into the project. Mr. Hammes is opening himself up to liability because he does not own the property and Ms. Lyons cannot get a mortgage because she does not own the property, stated Mr. Mab er. A simple affidavit is all that it needed. Ms. Lyons staied her atYOmey saw no problems in clearing the titie. Ms. Mo�rmond state� the public heaiing as tomonow (7uly 23) at ttie City Council meeting. She does not have all the things needed to give the Council a clean recommendation of 180 days to rehabilitate the property. She would like to see the citation settled, and the vacant building fees paid. It would be helpful to have the title in Ms. Lyons' name. If not, then the City would need from the financier some kind of statement or �davit that he understands the title situation. Also, the $Z,DOd bond should be posted. Mr. Magner stated generally LIEP does not allow someone that is not on title or has ownership to post the bond. Ms. Lyons may need a document from her lawyer that she has started probate and has legal controi of the property. His office would still like to see this issue laid over for two weeks to get more of the issues taken care of before this proceeds any further. The ownership issue needs to be solved They have only had the code compliaace inspection for a few days so they need another week to get bifls frc+m canuactors. Ms. Moermond recommends laying over to the August 12 I.egislative Hearing and the August 27 City Coansil Public Hearing. They have made good progress. At the August 12 hearing, Ms. Moermond would like to see the following progress: 1) the probates initiated, 2) the vacant building fee paid, 3) evidence of financial capacity to complete the items on the code compliance inspection report, 4) the $2,000 bond posted, 5) the citation cieared, and 6) the vacant building fee paid. As soon as the probates are started, Ms. Lyons' attorney could write a letter to the building departmeni af the Office of LIEP {License, Inspecrions, Environmenial Protection) sayiag that Nis. Lyons is in possession of this building, probate has been initiated, and she would like the Caty io accept the bond if that floes nat woak, Ms. Moermond will try to work with LIEP. In the meantime, the property should be maintained so that the City does not have to mow the lawn and do other things. Ms. Lyons responded she would like another letter sent to her. The hearing was adjoumed at appro�umately 10:55 a.m, rnt CITIZEN SERVICE OFFICE '/ Dorsa/d J.Luna, Ciry Clerk O� — 7�`1� DNISION OF PROPERTY CODE ENFORCEMENT ArtAl'Dawkins Pro¢rcm.�tnrsn¢er ci� oF sa�rr pauL. Rnndy� C. Keflv, bfa}�or I.Rrsnnce Building Code Enforremer.t 1600Wki[eBeardven.ueNordi Ze1:6�1-266-1900 SaintPaul,AINS�/06 Far:6il-266-1916 June 27, 2003 NOTICE OF PUBLIC HEARINGS� �� JUL G ? 20�J3 To all Kno�vn Responsible ancllor Interested Part:es �� IIVC Dear Sir or Madam: The Saint Paul City Council and the Legislative Hearing Officer of the City Council have scheduled public hearin�s to consider a Council Resolution ordering the repair or removal of the building(s) located at 495 Curtice Street East. In aceordance with the provisions of the Saint Paul Legislative Code Chapter 45, all owners of record and other interested parties with a laio��n interest in this building(s) are hereby notified of these hearings. A? these hearings testimony will be heard from the Citizen Service Office Enforcement Officer and any other parties who wish to be heard. The Council will adopt a resolution describin� what action, if any, the Council deems appropriate. Please be advised the Public Hearing before the Legislative Hearing Officer is scheduled for: Tuesday, July 22, 2003, at 10:00 a.m. in Room 33fl, City Hall, 15 West Keliogg Boulevard, Saint Paul, MN 55102 The Legislative Hearing Officer will hear the evidence and make a recommendation for action to the full City Council: `Vednesday, Aagust 6, 2003, at 5:30 p.m. in the City Councii Cmambers, 3rd Floor, City Hall, 15 West Keliogg Boulevard, Saint Paul, MN 55102 , All costs incurred by the City, including inspection costs, administrative costs, title searches, filing fees and, if necessary, demolition and removal expenses, wlll be assessed against the real estate as a special assessmert to be collected in the same manner as real estate taxes. If you have any questions concemine this matter please call the VacantlNuisance Buildings Code Enforcement Officer Steve 1�Iagner at (651)266-1928, or you may leave a voice mail message. 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