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03-784l�i`rz��1��0 - /�i�Gus� �� Ov.3 Council File # U�� V ` Green Sheet #� 7.r.+ ,7Z..�1 RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To � Committee: Date 43 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair ar wrecking and 3 removal of a two-story, wood frame, single family dwelling located on property hereinafter referred to as 4 the "Subject Property" and commonly lrnown as 573 Edmund Avenue. This property is legally described as 5 follows, to wit: Lot 27, Smith's Subdivision of Block 12, Stinson's Division to St. Paul, Minn. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before March 07, 2003, the following are the now known interested or responsible parties for the Subject Property: James J. Mittelstedt, 579 Edmund Avenue, St. Paul, Nf13 5 5 1 03-1612; Citibank NA (South Dakota), cJo Michael Charles Con, 3100 West Lake Street, Suite 208, Minneapolis, MN 55416 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 June 25, 2003; and WHEREAS, this order inforxned the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WIIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by July 10, 2003; and WHEREAS, the enforcement officer has posted a placard on the Subj ect Property declaring this building(s) to constitute a nuisance condition; subj ect to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and AA-ADA-EEO Employer 2 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 b3- WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, August 12, 2003 to heaz testimony and evidence, and after receiving tesrimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemarive by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be compieted within �5} days after the date of the Council Hearing; and �df /5� WI�REAS, a hearing was heid before the Saint Paul City Council on Wednesday, August 27, 2003 and the testimony and evidence including the action taken by the I,egislative 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 Subj ect Property at 573 Edmund Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. 7. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subj ect Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the laiown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within f�.�°�r.,} days after the date of the Council Hearing. �`v� �S� AA-ADA-EEO Employer �3 �� 10 11 12 2. C! ff the above corrective action is not completed within this period of tune the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Le� slative Code. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fiYtures of any ldud which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this tune period. Tf all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. It is fiuther ardered, 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. Yeas Navs Absent Benanav � Blakev ,/ Bostrom ` Coleman ,/ Harris ✓ LantrV �/ Reiter ✓ � d � Adopted by Council: Date D Requested by Department of: Citizen 'ce Office� Code Enforcement BY: V�� i / Form Approved by City Attorney � By: for Submission to AA-ADA-EEO Employer Adoption Certified by Council Secretary By; J/// � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green 03- Sheet DepartmenUo�ce/council: Date initiated: cs ��5�� 2SJUL-03 Green Sheet NO: 3003241 ConWct Person 8 Phone• Deoartment SeM To Person Initial/Date Mdy Dawkins � 0 '' n erv; Z66"�92� A55ign 1 'tizenServices De artmentDirector 7 � Must Be on Councii Agenda by (Date): Number 2 ; tto n L1Z 27-AUG03 For Routing 3 a or's Ofiice Ma or Assistant Order 4 uncil 5 Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Adion Requested: Ciry CouncIl to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to coxnply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building (s). The subject property is located at 573 Edmund Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission �, Has this person/firm ever worked under a contract for this department? C18 Committee Yes No Civil Service Commission 2. Has this person�rm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, 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, intexested parties and responsible parties Imown to the Enfoxcement Officer were given an order to repair or remove the building at 573 Edmund Avenue by July 10, 2003, and have failed to comply with those orders. � "� +� �� Advantages If Approved: � O,� H�. � The City will eliminate a nuisance. AUG � � 20�3 ,-�. �- � Disadvantages If Approved: � � YI 9 Y,r The City will spend funds to wreck and remove tlus building(s). These costs will be assessed to ther property, collected as a special assessment against the properry taxes. ��M�"'3 ��nF ^a� Disadvantages If Not Approved: A nuisance condition will remain unabated in the City. Tlus building(s) will continue to blight the community;�� n � dQ�� ) Tohl Amount of Trensaction: $000 CostlRevenue Budgeted: Y Funding source: 30251 activiry Number: Nuisance Housing Abatement Financial I nformati on: (Explain) (S'S - '"L8'� August 12, 2003, I.egislaYive Heazmgs page 2 7. Resolution ordering the owner to remove or repair the buiiding(s) located at 487 Bav Street. If the owner faiLs to comply with the resolution, Code Enforcement is ordered to remove the building(s). Legislative Aearing O�cer recommends grantmg the owner sis months to complete the rehabilitation of the property on condition that the following is done by noon of August 27, 2003: 1) Code Compliance inspecfion is wmpleted; 2) a$2,000 bond is posted; and 3) a sigued purchase agreement is provided jK 8. Resolution ordering the owner to remove or repair the building(s) located at 573 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). Legislative Heazmg Officer recommends demolition within five (5) days. jab C�3-�8� LEGISLATIVE HEARING, AUGUST 12, 2003 PAGE 13 � Resolution ordering the owner to remove or repair the building(s) located at 573 Edmund Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). James Mittlestedt, the owner, appeared. Ms. Moermond asked for a staff report. Steve Magner, Code Enforcement, described 573 Edmund as a two-story wood frame single- family dwelling on a lot of 4,792 square feet. According to their files, iPs been a vacant buiiding since August, 1994. The current property owner is listed at James J. Mittelstedt for Ramsey County. There have been Summary Abatement Odrers issued to remove abandoned vehicles, cut tall grass and weeds and secure the building. One was in 2002; some in 2001, and some in 2000. There has not been a lot of activity within the last year. The City originally had to boazd-up the building to secure it against trespassing. On June 11, 2003, an inspection of the building was conducted and a list of deficiencies compiled which constitutes a nuisance. Conditions were developed; photographs were taken. An Order to Abate Nuisance Building was issued on June 25, 2003, with a compliance date of July 10, 2003. As of this date, the property remains in a condition which comprises a nuisance as defined by the Legislative Code. The vacant building fees are due and owning. Real Estate taYes have been paid. T�ation has placed an estimated market value of $3,000 on the land and $30,700 on the building. On August 3, 1996, a Code Compliance inspection was completed and is attached; however, is not relevant because they expire after one year. A bond has not yet been posted. The repairs on the structure are estimated to be between $75,000 -$80,000 with the cost to demolish between $7,000 -$8,000. It is staf�s understanding that the owner is looking for the building to be demolished, so he's not objecring to Code Enfarcement demolishing this structure. Mr. Mittelstedt pointed out that the building has never been boarded up; he has always kept the building secured. The abandoned cars have not been abandoned. He has had some license plates on his cars expire and, rather than park the cars on the street, he parked them on this property because he lives next door and has been there for twenty-eight (28) years. He reported that he had to purchase this property or give his house away because it had been a horrible crack property in Frogtown. He bought it from a Saint Paul Police officer, who had rented it to people from all over the country. He went through some bad times; had to second mortgage his house to pay it of£ He owns it outright now, and would like the City to demolish it because he wants to have a double lot. He is just getting out from under some heavy debts, but is prepazed to pay off the cost of demolition in six (6) to seven (7) months. Ms. Moermond suggested that after the City demolishes the building, there will be an assessment on Mr. Mittelstedt's property taxes. First, he will receive a notice that there's going to be an assessment. It will list the cost of that assessment and give you the time and date for the Legislative Heazing. If he attends the Legisiative Hearing, recommendations can be worked out for a payment schedule, i.e., divide the assessment over five (5) yeazs. After that, the item will o3-�.s� LEGISLATIVE HEARING, AUGUST 12, 2003 PAGE 14 appeaz on the City Council public hearing agenda. Mr. Magner added that it will take approxunately 30 days from the time the resolution is actually mailed out until the time the demolition is furished. Mr. Mittelstedt asked to be present at the tnne of demoTirion. Mr. Magner recommended that Mr. Mittelstedt take out anydiing that he wants to salvage from the buiiding because after a norice is sent to the contractor, anythiug thaPs left on site becomes his possession. Mr. Magner estnnated that Mr. Mittelstedt has approxixnately three (3) weeks to saivage from the building. Mr. Mittlestedt asked if there is any way that he could lose the properry. Mr. Magner responded that as long as he keeps the taxes current and pays the assessment, he will not lose the property. Mr. Mittelstedt asked about the cost of the administration fees. Mr. Magner replied that the administration fee wiil be $500. The Legislative Hearing Officer recommends demolition within five (5) days. jab CITiZEN SERVICE OFFICE Donald J. Lursa, City Clerk D[VISIOY OF PROPERTY CODE E:IFORCEMENT Amdy Dmvkins. Progrom bt¢n¢ger C L1 1 �F JC11tV 1 pA�. 7vuisanceBuildin,;CodeEnjorcement Randy C. KeL'y, dfa}�or ]600 Narth :[ hite Bear Avenue 7e1: 631-?66-1900 SaintPaul,M.�Y5i106 Far:6i1-266-L9?6 ��a � �� AUu � ? 2��3 Jui zoo� � I I � ,�� NOTICE OF PUBLIC HEARII�'GS Council President and Members of the City Council 03- Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance building(s) located at: ` 573 Edmund Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, August 12, 2003 City Council Hearing - Wednesday, August 27, 2003 The owners and responsible parties of record aze: Name and Last Known Address James J. Mittelstedt 579 Edmund Avenue St. Paul, MN 55103-1612 Interest Fee Owner Citibank NA (South Dakota) c; o �Sicna:l Charies Con 3100 West Lake Street. Suitz ZOS l�linn�anolis_ tiLti »=16 Ihe 1e�al description of this property is: Jud�nent Lien Hoider Lot 27, Smith's Subdivision of Biock 12, Stinson's Division to St. Paul, Minn. AP.-ADA-EEO Employer 63 `�� 573 Edmund Avenue July 25, 2003 Pa�e 2 � Division of Code Enforcement has declarzd this buildin�(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Division of Code Enforcement has issuzd ar. order to the then ?cnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or b� razin� and removin� 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 bli�htin� influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� the responsible parties to either repair, or demolish and remove this buiiding 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 a�ainst the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �> , �� , Steve Maener Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Ber�, Buildin� Inspection and Desi� Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housin� Division ccnph �� AA-ADA-EEO Employer � , _M � � � =_:, � : 4V [ �y � � j � ��..� � �� :�� -�-.� �, �: .: ry � � �� - � �..�� -�..��,, � �� I 3 � � �3 �� i � � �� -_4� 7LL �� g�. �� .�� !� _� �Y�'C�L i '? iF'�� ' '' � 1 �a . .. �ss.:.�5x; � ., . . �� 9°� . �i � . � .. - . • > � . _ — y f, � Y� ' �.�,�1+^'. �K. r , � ts '� `''1 .. .»' .,�,:.., . . ' �� ✓� . . °a 4 � � . \ \ � � -J _ �_ ---�.,—:��— _ _ ., ,� �� ,, � , r �,. . �_ rtu _ `_ _ ��,z.:�._,..;M �' �: ,� ,'�_ • _ ,� - - .-_ --__ _` a -- -- -- — =— � � _ , -- � � - � , , - _ u . __ — -- � , --- - __ r _ �; � -- _ _ , _ �-. � -- � _ _ . _ . -- � � °- � — - s � r=�' � x ,. � �. a L , ,, rz �, I� �� ; '� �'� :�� r� . 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