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03-816l9iY/�/Y1L � �P�fFh'l0� -�. G���� CITY OF Presented By Referred To RESOLUTION PAUL, MINNESOTA �-{b Committee: Date 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 ardering the repair or wrecking and 3 removal of an 18 unit, three story, brick/stone and wood framed apartment located on property hereinafter 4 referred to as the "Subject Property" and commonly known as 1956 Feronia Avenue. This property is 5 legally described as follows, to wit: 6 7 Parcell 8 Lot 1 except the Easterly 80 feet thereof; the W esterly line of said 80 feet, being pazallel to the 9 Easterly line of said L,ot 1; also with and subject to an easement of 12 feet for a private alley for the 1 O use of the owners of said Lot 1, running through from Waltham Avenue and Feronia Avenue; the 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 center line of said easement shall be the Westerly line of the Easterly 80 feet as heretofore described, all in Union Pazk, in Ramsey County, Minnesota. Parcel 2 All that part Easterly of the following described line: Commencing at a point on the Southwesterly line of Lot 1, 80 feet northwesterly from the most southerly comer thereof; thence northerly parallel with the South half of East line of said Lot 1, 35.55 feet; thence northerly parallel with north half of said Easterly line, 39.30 feet to a point on the northerly line of said lot, 80 feet from the most northerly corner thereof, being part of Lot 1, Union Park. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or befare March 7, 2003, the following are the now known interested or responsible parties for the Subject Property: Naomi Isaacson, 414 - 7'�' Avenue SE, #B104, Minneapolis, MN 55414; Deborah L. Croom, 2800 University Avenue, Suite l, Minneapolis, MN 55414- 3293; Beacon Bank, 19765 Highway 7, Shorewood, MN 55331; Laureen Marie Ballinger, 414 - 7�' Avenue SE, #B104, Minneapolis, MN 55414 WHEREAS, Division of Code Enfarcement 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 informed the then known interested or responsible parties that the shucture 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 7uly 25, 2003; and WHEREAS, the enforcement officer has posted a placard on the Subj ect Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and AA-ADA-EEO Emgtoyer Council File # V � _ ��� Green Sheet # � � � ` °` 03 �81� 1 WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement 2 requested that the City Clerk schedule public hearings before the I,egislarive Hearing Officer of the City 3 Council and the Saint Paul City Council; and 4 5 6 7 8 9 10 11 12 13 14 25 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 WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legslative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, August 26, 2003 to hear testunony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Properry safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this structure in accardance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with atl applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within��; days after the date of the Council Hearing; and /�// WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 3, 2003 and the testimony and evidence including the action taken by the Legislative Aearing 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 1956 Feronia Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. F� 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 lrnown responsible parties to correct 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 Properiy which declares it to be a nuisance condirion subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolution and Yhat the notification requirements of Chapter 45 have been fulfilled. • ' � •7 AA-ADA-EEO Employer 03 - �r� The Saint Paul City Council hereby makes the following order: 2 3 1. The above referenced interested or responsible parties shall make the Subject Properiy safe and not 4 detrimental to the public peace, health, safety and welfare and remove its blighting influence on the 5 community by rehabilitating this shucture and correcting all deficiencies as prescribed in the above 6 referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and 7 ordinances, or in the alternarive by demolishing and removing the structure in accordance with all 8 applicable codes and ordinances. The rehabilitation or demolirion and removal of the structure 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 must be completed witrrin fi�Tdays after the date of the Council Hearing. iBd 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 aze 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 Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property 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 shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yeas Navs Absent Benanav � Blakev � Bostrom ` Coleman ,/ Haz Lar. Rei AdoF AdoF BY= Appz By: Requested by Department of: Citizen Service Office; Code Enforcement � �4 Form Approved by City Attorney AA-ADA-EEO Employer o3-�i� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUoffice/council: Date Initiated: cs ���s�� 0&AUG-03 Green Sheet NO: 3003942 Contact Person & Phone: DeoartmeM Sent To Person InitiaUDate Andy Dawkins � 0 ' ' 'ces � Z66'�92� Assign 1 �tizenServices De artmentDirector Must Be on Council qgenda by (Date): Number Z � A �� e `� 03-SEP-03 For ROUting 3 vor's Office Ma odAssistaut progf 4 ouncil 5 i Clerk CStv Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: City Council to pass this resolurion which will order the owner(s) to remove or repair the referenced building(s). If the owaer fails to comply with the resolurion, the Citizen Sexvice Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 1956 Feronia Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1. Has this personifirtn ever worked under a co�tract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain aR yes answers on separete sheet a+M attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): 11�is 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 Legislarive Code. The owners, interested parties and responsible parties Imown to the Enforcement Officer were given an order to � repair or remove the building at 1956 Feronia Avenue by July 25, 2003, and have failed to comply with those orders. ���s u� AdvanWges IfApproved: �� � � � � The City will elusilnate a nuisance. Al1G 1 ' 2��J3 . r.. � DisadvanWges If Approved: � � � � � �� � The City will spend funds to wreck and remove this buIlding(s). These costs wi11 be assessed to the property, collected as a special assessment against the property taxes. Disadvantages If Not Approved: �+ �, , , A nuisance condition will remain unabated in the City. Tlris building(s) will continue to blight the commuvit}%. , �� � � ��Q� Total Amount of Transaction: 30000 CosURevenue Budgeted: y Fundin9 source: Nuisance Housing Activitv Number: 30251 Financiallnformation: AbBt@R18fif (Explain) b3-�i� ., ., . Date: August 26, 2003 Tune: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAAI�tt, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Mazcia Moermond I.egislative Hearing Officer 1. Appeai of 1Votice of Condemnation at 516 Edmund Avenue. Unit L'� (Appeal cancelled.) 2. Appeal of Vehicle Abatement Order at 283 Syndicate SYreet South.'� (Appeal cancelled.) 3. Appeai of Notice of Condemnation and Order to Vacate at 925 Cook Avenue East. Legisiative Hearing Officer recommends changing the vacate date to September 15, 2003, for #he entire building on the Notice of Condemnation and Order to V acate dated August l, 2003. �''� 4. Resolution ordering Yhe owner to remove or repair the building(s) at 1956 Feronia Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the bui3ding(s). I.egislative He�ring {�fficer recommends granting the owner 180 days to complete the rehabilitation of the properiy on condition that the $2,000 bond is posted by noon of September 3, 2003. 5. Appeal of Revised Notice of Condemnation and Order to Vacate at 297 Bnrgess Street. Legislative Hearing Officer recommends lifting the condexnnation for Unit 1(downstairs wuY) on the Bevised Notic� of Condemnation and Order to V acate dated August 12, 2003. U�ii 2(upstairs unit) is condemned unless the foilowing is done by noon of September 3, 2t�33: 1) the electrical, roof, and window permits ate ciosed out, 2) Items 33 �ttrough 24 are completed. f��i� C(TIZENSERVICEOFF[CE U 2 — G '� Dorsald J. Luna. Ciry Clerk '� 0 DMSION OF PROPERTY CODE ENFORCEMENT Artdy Dawkirs. Program Sfanager �, S �F ,�j T pAUL Nuisance Building Code £rtforcemerst Randy C. Kelly, h/ayor 76007Jorth [i'hite BearAversve I'e(: 65l-266-1900 Sa[nt Pau1, F1.V 55106 F¢x: 651-2�1926 � " '� L �";�� �'� � �uv � - za�3 aU�st s, zoo� ��.-�— ����` r-, � i �R��' NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Citizen Senzce Office, Vacant/Nuisance Buildin;s Enforcement Division has requested the City� Council schedule public hearin�s to consider a resolution orderin� the repair or removal of the nuisance buiiding(s) located at: 1956 Feronia Avenue The City Council has scheduled the date of these hearin�s as follows: Legislative Hearing - Tuesday, August 26, 2003 City Council Hearin� -�Vednesday, Sept�mber 3, 2003 The o��ners and responsible parties of record are: Name and Last Known Address Naomi Isaacson 414 - 7�' Avenue SE, #B 104 Minneapolis, MN 55414 Deborah L. Croom 2800 University Avenue, Suite 1 Minneapolis, MN 55414-3293 Beacon Ban� 1976� Hiancc�ac - �hor��rooc. �.'L\ =�==: Laureen Marie Ballinger 414 - 7�" Avenue SE, �B 104 Minneapolis, MN 55414 Interest Fee O�vnzr Fee Owner ti4ort�ase Holder Interestzd Party pp-ADA-EEO Employer 1956 Feronia Avemte Au�ust 8, 2003 Pa�e 2 The legal description of this property is: p3-�I(O Parcel l �-- Lot 1 except the Easterly 80 feet thereof; the Westerly line of said 80 feet, bein� pazallel to the Easterly line of said Lot 1; also �vith and subject to zn easement of 12 feet for a private alley for the use of the owners of said Lot 1, runnin� throu�h from �Valtham Avenue and Feronia Avenue; the center line of said easement shall be the Westerly line of the Easterly 80 feet as heretofore described, all in Union Par�, in Ramsey County�, �Sinnesota. Parcel2 All that part Easterly of the followin� described line: Commencin� at a point on the Southwesterly line of Lot 1, 80 feet northwesterly from the most southerly comer thereof; thence northerly pazallel with the South half of East line of said Lot i, 3�.55 feet; thznce northerly parallel w�ith north half of said Easterly line, 3930 feet to a point on the northerly line of said lot, 80 feet from the most northeriy comer thereof, bein� part of Lot 1, Union Park. Division of Code Enforcement has declared this buildin�(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by cosecting the deficiencies or by 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 blightin� 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, o{demolish and remo� this building in a timely manner, and failin� that, authorize the Divdsion of Code Enforcement to proceed to demolition and removal, and to assess the costs incuned against the real e'state as a special assessment to be collected in the same manner as taxes. Sincerely, 1✓ , �� . i Steve Ma�er Vacant Buildin�s Supervisor Division of Codz Enforcement Citizen Sen�ice Omce ��1:�: i.:. i i°.�_� `�� _. 15Liit'i�:= l.ri.�"�i',�IlOi. c^. = 17.' __ Me�han tZiley, Ciry Attomeys Office Nancy Anderson, Assistant Secretary to the Councii Laurie Kaplan, PED-Housin� Division M-ADA-EEO Employer ��� � � � ��� �� MINUTES OF THE LEGISLATIVE HEARiNG ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Tuesday, August 26, 2003 Room 330 City Hall, 15 West Kello�g Boulevard Mazcia Mcermond, Legislative Hearing Officer The hearing was cailed to order at 10:00 a.m. STAFF PRESENT: Pat Fish, Fire Prevention; Steve Magner, Code Enforcement; Jim Prill, Code Enforcement Appeal of Nofice of Condemnafion at 516 Edmund Avenue. Unit 1. Marcia Moermond stated the appeal has been cancelled by Fire Prevention as the power has been restored to ihis address. (The condemnation has been lifted.) Appeai of Vehicle Abatement Order at 283 Svndicate Street South Marcia Moermond stated this appeal has been cancelled by the owner and the compliance date has been rescheduled to October 10, 2003. Appeal of Notice of Condemnation and Order to Vacate at 925 Cook Avenue East. The following appeazed: Mazk Underdahi, owner, and Rich Schultz, 9201 Lexington Avenue #1B, Circle Pines, representing Mr. Underdahl. Mr. Underdahl stated he has been in court with this issue because the people who are moving out on September 1 called Code Enforcement. This is a duplex. That is when he first met Jim Prill. He asked Mr. Prill what he could do to fix the property, and Mr. Prill gave him a list of things to fix, which Mr. Underdahl fixed except for a few items that he could not do. Mr. Prill kept coming back with the downstairs tenants finding more things on the property to repair. The list never gox shorter. He lried calling Mr. Prill tluee times. Mr. Underdahl called his boss Harold Robinson (Code Enforcement) via f� and letter because Mr. Prill never returned phone calls. Mr. Underdahl met Mr. Prill outside the properry once, and asked Mr. Prili to show him what he was talking about, but Mr. Prill said he did not have time, but he would call him and set up an appointment Monday morning. He never called. Mr. Underdahl f�ed a letter to Mr. Robinson to have him come as an independent person to tell him what needs to be fixed with Mr. Prill. On Thursday, Mr. Underdahl got a call from Mr. Prill that he gave him the wrong azea code. At that time, he figured the relationship with lum is gone, and he needs to get Mr. Robinson involved. He #old him eazlier that he would interceded with him_ Mr. Robinson called him back, but Mr. Underdahl could never get a hold of l3im live. He told him Yo just set up an appoinhnent, and he will be there. Mr. Underdahl never got anything from him. • Ms. Moermond stated this is a duplex and oniy one unit is condemned. She asked aze either occupied. Mr. Underdahl responded the lower unit is condemned until September 1. 0� LEGISLATIVE HEARING MINiJTES FOR AUGUST 26, 2003 Page 2 Mr. Schultz stated Mr. Prill would agree that the violations they found were confined to the lower unit. Mr. Underdahl plans to convert the properry back into a single family home once the tenants are out. The properiy will be vacant and remain vacant until things can be taken care of. The NoUce of Condemnation was dated August 1 and Mr. Underdahl has made several attempts to talk to Mr. Prill and get the property reinspected. Some of these probiems have been fixed and need to be reinspected. Some of them have been fixed, but not to Mr. Prill's satisfaction. There has been no feedback as to why they aze sfill in violation. There has been some tampering with other items on here: Mr. Underdahl fixes them and the tenants unfix. Ms. Moermond asked what has happened between the tenants calling Code Enforcement and this matter going to court. Mr. Underdahl responded the above tenant is Section S. The downstairs tenants were not paying rent, she was being evicted, and she called Code Enforcement. There were not shared meters, but the lower unit was supposed to pay all utilities. They are related and that was in the lease. He went to court and she got part of her rent abstained (sic abated). There was a building permit taken downstairs. He went to City Hall and asked the building pernrit inspectors what he needed to get, and he was told he needed $1,200, which he didn't have. As soon as he gets the $1,200, they will inspect the property. Mr. Prill wanted him to put in something that he could not do because he did not have a building permit. Once he found out that the owner was going to sell the house, he condemned it the next day. Ms. Moermond asked how long he owned the building. Mr. Underdahl responded 1997. He lived there, got married, moved out, and just rented it the last two yeazs. Ms. Moermond asked did he construct the second unit. Mr. Underdahl responded he remodeled the basement. Ms. Moermond asked about correction notices that were issued prior to the condemnation. Mr. Prill responded there were several notices issued to the owner before the condemnation was actually issued. He will not address the misleading statements unless Ms. Moermond would like him to, but he will bring up the issue that there were 25 items on the original list, but there are 11 on the condemnarion. The reasons for the condemnation are listed on the norice. Several of them have been completed, but most of them have not. There were 3 or 4 correction notices issued between the first inspection of May 7 and the issuance of the condemnation. Some of the notices had the same items issued, so the owner was renotified. Two items to clarify aze as follows: 1) one reason for the condemnation besides the individual violation was it was an iliegally conshvcted unit without permits. Mr. Prill cannot address whether the items he cannot see are up to code. 2) It cannot be used as a duplex until proper permits aze issued and brought up to code. Ms. Moermond asked was LIEP informed that this was an illegal duplex. Mr. Prill responded one of the building inspectors was at the property when he was there. They issued a notice to the owner telling him that he must comply with all the appiicable codes and pull all the proper permits or it cannot be used as a duplex. c��--� t b LEGISLATTVE HEARING MINUT'ES FOR AUGUST 26, 2003 Page 3 Ms. Moermond asked what they were looking for today. Mr. Schultz responded it will be converted back into a single family home, so that issue is moot. The owner is refemng to the original conection notice dated May 15, 2003, which had 25 violarions. The most recent notice had about five violations that were not on the originai notice. That is what he meant when he said the inspector kept finding new things. To his knowledge, everything has been repaired except three items: 1) the building pemuts, which is a moot point since it will no longer be a duplex; 2) Mr. Prill at the rent abatement hearing said there was ambiguity in the code whether there was a violation before the toilet room door. 3) There was a bedroom downstairs and an opening to the bathroom. It was constructed as a master bathroom type of thing. There is a lock on the outside door going from the living unit into the bedroom. Mr. Prili admitted in the heuing if the lock in the bedroom door was sufficient for a lock on the bathroom door because the bathroom is contained within the master bedroom. Mr. Schultz is not sure if there has been a resolufion in that issue. 4) The other issue is the ventilation in the bathroom. There is no door there. Next to the opening is an egress window. Mr. Underdahl is trying to determine if that is sufficient ventilation for the bathroom. Mr. Schultz went on to say that they have a copy of a letter sent to Mr. Prill's boss that there were many attempts by the owner to hook up with Mr. Prill and they haue been unsuccessful in doing so. He is not throwing stones, but both parties would agree that there has been some miscommunication. Mr. Schultz does not think the property should be condemned because no one will be living there. The property has been purchased on a contract far deed by a third parry who will take the properiy as is, but the owner would like to make sure it is fit under code before anyone else lives there. Mr. Schultz requests time to compiete any outstanding violation, this issue can be taicen caze of before the property is condemned. He would like someone from Code Enforcement to give the owner some guidance on these remaining issues. Mr. Underdahl stated he has a video of things that were dismantled by the tenant that he added onto the list. Ms. Moermond asked were these new items that were added since the original conection notice and things the tenant damaged the building. Mr. Underdahi responded that is correct. Ms. Moermond stated she will set aside the idea that the inspector was adding on things arbitrary, and there was new damage. Mr. Underdahl stated he was remodeling a gazage and there was a truck that had tabs on it. He came back a couple days later. The truck was piuchased in February. ABer the letter was sent, the Tabs were gone. Someone removed #iie tabs knowing he would get a code violation. With respect to the conversion from single family home to a duplex, Ms. Moermond stated she cannot say whether that is moot or not. It was an illegal conversion of the building because permits were not sought. The office can double or triple the cost of the permit in these cases. She does not know if they aze seeking to do that. Mr. Underdahl responded they are. Ms. Moermond stated she does not know if they will change their minds based on whether he deconverts, although they can force him to deconvert. It is not an item she can deal with in the o�-�s� (o LEGISLATIVE HEr1RING MINUTES FOR AUGUST 26, 2003 Page 4 condemnation; however, factors resulting from that illegal conversion wouid come up. If a permit t�ad been pulled, there probably would not be the bathroom situation that they have right now in the basement with a question about the ventilation. This is part of the result from having this inconectly done. Ms. Moermond has to take into account what the inspector saw, did the conditions merit the actions the inspecYor Yook, and did the inspector act appropriately in taking those acfions. Setting aside the communicarion, it sounds 3ike these conditions exist. It sounds like he has difficult tenants that aze damaging his property, and he needs time after they leave to complete the rehabilitation. One thing that is not on the condemnation is tlus will become registered vacant building because she will recommend to the City Council that the condemnaxion be upheld. He does not have two units legally, so it is the entire building that will be condemned. That is normal practice in this kind of a situation The condemnation is upheld as soon as she makes her recommendation. He should talk to Mr. Prill about what will happen when it is put in the Vacant Buildings Program. A code compliance inspection is a top to bottom inspection of the building about what is not code compliant. It is a more thorough inspecrion that what Mr. Prill conducted. His best bet is to get this out of condemnation as quickly as possible so it is not in the Vacant Building Program. Ms. Moermond asked vaas #his an immediate order to vacate. Mr. Prill responded the vacate date is September i. Mr. Schultz responded the tenant said she would not be able to vacate by September 1, but shortly thereafter. Ms. Moermond asked is Code Enforcement amenable to two additional weeks. Mr. Prill responded the upstairs unit is not condemned. Ms. Moermond stated she will recommend that the City Council amend the Order to Vacate to September 15, 2003. Mz. Schultz responded that will work if they can get direction from Mr. Prill about when he will reinspect. The tenants can be out by September 15. Mr. Magner suggested that the amendment be specific for upstairs only. Ms. Moermond responded she cannot separate betvveen uaits aud tenants because it is not a legal duplex. Ms. Moermond recommends that the owner work wi#h Code Enforcement to reinspect the progress on it. Mr. U�derdahl stated he needs an inspector that wili show up. Ms. Moermond suggested he call Andy Dawkins (Code Enforcement). Mr. Magner added that if the owner leaves his phone number on the list, Mr. Magner will have Hazold Robinson (Code Enforcement) contact him directly. Ms. Moermond recommends changing the vacate date to September 15, 2003, for the entire building on the Notice of Condemnation and Order to Vacate dated August 1, 2003. TYris issue will come before the City Council on September 3, 2003, 530 pm. LEGISLATIVE HEARING MINiJTES FOR AUGUST 26, 2003 C�� � �10 . Page 5 Resolution ordering the owner to remove or repair the building(s) at I956 Feronia Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). The following appeared: Naomi Isaacson, 414 Seventh Avenue SE #B 104, Minneapolis; Jan Berg, Beacon Bank, 19765 Highway 7, Shorewood, Minnesota. Mazcia Moermond stated she understands that Ms. Isaacson has been in contact with the Wazd 4 Office. (Photographs were submitted by Steve Magner.) Steve Magner reported this was at one a rime an 18 unit, three story, brick/stone, wood-framed apartment building. The Certificate of Occupancy was revoked on December 1, 1998, and the building was monitored by vacant buildings since February 1, 1999. Current property owners are Naomi Isaacson and Laureen Ballinger per Ramsey County. There have been 24 summary abatement notices issued to remove/repair broken glass, remove vehicles, clean gazbage and refuse from yard, secure the building, cut ta11 grass and weeds, remove gr�ti. On June 11, 2003, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condifion was developed, and photographs were taken. An order to abate a nuisance building was issued on June 25, 2003, with a compliance date of July 25. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislarive code. Real Estate taxes are paid in full. Tasation has placed as estimated mazket value of $7,600 on the land and $172,400 on the building. As of July 26, a team inspection has not been completed for a new use. A bond has not been posted. Code Enforcement estimate the repairs to be $300,000; estimated cost to demolish, $20,000 to $30,000. Mr. Magner stated that Ms. Isaacson has contacted Councilmember Benanav's Office and has proposed a plan. There was a meeting last week with Mr. Benanav's aide, and they aze now ready to rehabilitate the property and bring it up to code. Ms. Moermond asked about the time frame for the summary abatement notices. Mr. Magner responded that Beacon Bank sold the building to Naomi Isaacson and she will be rehabilitating it. Her relationship with the building goes back to September 2002. There have been 18 sumuiary abatement notices issued since January 2003 to shovel the walk, secure the building, remove broken glass, remove cut grass and weeds. Mr. Magner and Supervisor Pat Fish were called to the property a number of tunes. The City has had its contractors out there to clean up the gazbage, cut tall grass and weeds, clean up the walk, and boazd it. Ms. Moermond asked how many summary abatements the City has conducted. Roughly about eight to ten, responded Mr. Magner. Ms. Moermond asked how long they have had the building. Since the end of September 2002, responded Ms.Isaacson. O� ��� LEGISLATIVE F3EARING MINLTTES FOR AUGUST 26, 2003 Page 6 Ms. Moermond asked her plans. Ms. Isaacson responded she has her plans here. She has been working with architects, engineers, etc. since she bought the build3ng. It took her a while to find an architect to deal with it. They have completed pians and submitted them to the City for permits. She is assuming it will take them a month to go through those plans. Ms. Moermond stated she will not get those permits until she completes the code compiiance inspection. Ms. Isaacson responded the building has been totally gutted. There are no walls, no plumbing, and nothing to inspect. The only thing that will stay is the exterior brick shell. Mr. Magner stated that in a case with a compiete rehabilitation, they will accept a plan indicating a complete rehabiiitation in lieu of an inspection. Pat Fish reported there was a team inspecrion for the first purchaser. The list was extensive. Since then, it was completely gutted. If they submit their plans, there is no need to do another inspection. Her office will do a final inspection before a certificate of occupancy is issued. Ms. Moermond asked would they be looking for the $Z,000 bond posting. Mr. Magner responded they aze looking for a couple of things: 1) there has been little or no communication with Mr. Isaacson. He may have spoken to her once; 2) someone should be taking care of the properiy; and 3) a$2,000 performance bond needs to be posted. Mr. Isaacson stated she has a problem with the notices. She does not have a problem going there daily. When she gets the abatement orders, the completion date has already passed. She has called Dennis Senty (Code Enforcement) repeatedly about this issue. They have taken care of a11 of them except one. She has not seen that the City has done anything. Jan Berg stated she would get the notices #he day after they were suppose to be completed. She would find a pop bottle, a can, etc. There should be a timely manner in getting the information. Ms. IvIoermond asked Mr. Magner to look for a work order for Parks and Recreation. Mr. Magner responded that on July 7, 2003, there were trees and brush on the southside of the building with broken glass. The Summary Abatement Order was filled out on June 26, 2003, the date of mailing was June 26. It was sent Yo Naomi Isaacson at 414 Seventh Avenue SE #B 104, Minneapolis 55104 and the Beacon Bank, 19765 Highway 7, Shorewood, Minnesota. The compliance date was July 3. The summary abatement policy for the City is there is a four calendaz day compiiance date from the time it was mailed. Code Enforcement repeatedly get calls from the neighbors about broken windows. Ms. Mcermond asked did Pat Fish look at the rehab plans. Ms. Fish responded she has not reviewed the plans because she is not a plan reviewer. They have to be submitted to LIEP to get pemuts. Sprinkler and alann plans would be forwazded to Fire Prevention for review. They will do a fmal walk through. During the meering, they discussed the timing on the notices. The underlying issue is that the City has had to babysit these issues. She discussed with the Isaacsons that it would be better if they monitored these things themselves as opposed to getting the notices. That is the biggest issue. The danger is with people breaking into the building, mischievous kids, or transients. They have bumed down a number of these buildings. o� �� � LEGISLATIVE HEARING MINUTES FOR AUGUST 26, 2003 Page 7 Ms. Isaacson stated she has submitted pians to LIEP. A bond wiil be posted once plans have been reviewed and finalized. She anticipates that this is a yeaz project. Ms. Moermond stated she would like the bond to be posted by noon of September 3. Her recommendation to the CiTy Council wili be contingent on the bond being posted. Ms_ Issacson will be granted six months to rehabilitate the building. If she is 50% complete, she can reapply for another six months. T4iat component is not a problem. Ms. Moermond stated it seems the CiTy is doing the properry management. If she disagrees with the fact that these assessment aze going to be put on the properry tases, they ate appealable. Ms. Isaacson needs to be a good developer as well as a good property manager. Eighteen summary abatement notices in seven months is a huge number, and Ms. Moermond does not see that very often, but the taYes aze good, there are redevelopment plans, cieazly there aze fuiancing plans. Ms. Moermond recommends grarning the owner 180 days to complete the rehabilitation of the property on condition that the $2,000 bond is posted by noon of September 3, 2003. Appeal of Revised Notice of Condemnation and Order to Vacate at 297 Burgess Street. The following appeared: Kelly Brisson, owner, and Gary Torgerson, 14262 Tenth Street North, Stillwater. Marcia Moermond stated what is in front of her now aze additional items listed on the condemnation. An appeal was conducted on July 22 regazding the original Notice of Condemnation. At that time, if those items were addressed by the tnne of the City Council public hearing, she was going to recommend That the condemnation be lifted. There was no reinspection by the time of the City Council Public Hearing. Mr. Brisson responded that he has a videotape if she would like to see it. Steve Magner reported it is his understanding that the items were not taken caze of subsequent to the City Council public hearing date: 1) The appellant needed to contact Code Enforcement to haue a reinspection done, 2j He needed to ]3ave a sign-off from the Building Department in LIEP (License, Inspection, Environmental Pmtection) on the items that were discussed at the previous legisiative hearing. The condemnarion stayed in force. After that, Mr. Brisson contacted Code Enforcement and asked Lisa Martin (Code Enforcement) to go out and inspect the building, which she did. Not only were a number of the items 1 through 12 not completed, but there were additional items based on the August 7 inspection that are listed on the Revised Notice of Condemnarion dated August 12. The City exposes itself to liability when there are this number of deficiencies. They have tried to wozk with the appellant. To stabilize the shucture, they aze asking that this condemnation stays in force. The building being condemned should be identified as a registered vacant building and the code compliance be enforced. Mr. Torgerson stated he and David Johnson provided financing when they purchased ten buildings in that neighborhood. They again got involved on this property three weeks ago. When Mr. Brisson got notice that it was condemned because of lack of electricity, they loaned kum the money to get the electrical restored. Part of the problem was that Mr. Brisson did not �� ��� LEGISLATIVE HEARING MINUTES FOR AUGUST 26, 2003 Page 8 have the funds to do it as fast as the City would like it done. They provided at least $10,000 within those two weeks before the inspector Lisa Martin (Code Enforcement) was going to do the inspection. They received a letter that she was going to be there August 6. He and Mr. Brisson were there, and no one showed up to do those inspections. Mr. Brisson was there two years ago when Mr. Torgerson purchased properties and a person could not drive down Burgess because of the drug dealers in the street. Mr. Brisson was one of the first guys in there to help fight ttte battle. Now he has to live in his car. The Section 8 federal inspection is difficult to pass. His downstairs unit can pass Section 8 inspection. There were exterior issues. For example, Mr. Brisson has a bad habit of towing cars. Some of the items aze bogus on the Notice of Condemnation. Steve Magner stated Mr. Torgerson should be well versed in Code Enforcement's operations as Mr. Torgerson has appealed a nuruber of issues. Mr. Brisson continues to bring in vehicle. Mr. Magner has had a number of face to face conversations at the fime they were demolishing the property next door. Mr. Magner told Mr. Brisson that this is not his properiy and he is not allowed to use it as a storage facility. Mr. Magner has been advised by the inspector that Mr. Brisson is parking his vehicle at 295 Brisson. Mr. Magner would like to see the following: 1) Notice of Condemnation stay in effect; 2) Order to Vacate stays in effect, 3) the property stays as a registered vacant building, 4) a code compliance certificate is on this building before the condemnation is lifted Mr. Brisson stated his tow Uvck has been broken down for about seven months. He had to ask Mr. Torgerson to heip him. Mr. Brisson has not had an unlicensed veiucle in his yard for at least seven momhs. He had one truck in the yard. The trailer of garbage in his yard was not the same trailer and not the same garbage. The roof had three to five layers of shingies on it. There were about ten loads of shingles coming off the house. He did some cosmetic repairs. He put in new windows. Dave Tenk (Code Enforcement) inspected the windows and okayed them. Ms. Moermond stated they had conversation last time about which of these were the principal violaUons on #he r,t�ndemnation. �'hey decided that Items 1, 2, 9, 10, and 12 were the principal violations. Mr. Magtter responded not Item 12. Mr. Torgerson responded that Item 1 was taken caze of within 48 hours. He ioaned the money and the electrical was restored. He paid for a licensed electrician. There aze permits on records. The roof was fiznded as well. Ms. Moermond asked what happened on August 5. Mr. Torgerson responded letters were given to Mr. 3ohnson and Mr. Brisson, they waited for hours, and no one showed up to reinspect the building. Permits were pulled, but Mr. Brisson lacked funding. Mr. Magner stated Inspector Martin did send an appointment letter on July 22 for a August 5, 2003, reinspection, but Mr. Brisson said he would not be there so she did not appeaz. The August 7 inspection occurred. Mr. Torgerson responded that Ms. Mar[in spoke to Mr. Brisson on August 6. She had aiready missed the August 5 appointment. Mr. Brisson added that he did not talk to Ms. Martin on August 5. He called and left several messages and then he got a hold of her on August 6. She asked could he be there that day, and he said that he had previous plans. o� ��c� LEGISLATIVE HEARING MINUTES FOR AUGUST 26, 20Q3 Page 9 He said tomorrow would work. The appoinhnent was August 7 at 1:00. Mr. Magner responded that the City Council meeting was August 6. Mr. Brisson stated his house looks sharp now. Every screen and window is new. Every door is new. He painted everything except for the high spots he could not get. The roof is done except for the back porch. Ms. Moermond asked about the reinspection on August 7. She did not see the removal of any items on the list. Mr. Magner responded the inspector noted some work was done, but the primary things that needed to be accomplished had to have permit sign-offs. Mr. Brisson responded he has permit sign-offs on the windows; Mr. David Tenk (Code Enforcemen) said the windows were great. One window needs to be done because it was not tempered glass. The roof was good except Mr. Tenk wanted to see the back piece done before he signed off on it. If the roof and windows aze done, stated Mr. Magner, and the electrical contractor came through, the outside of the house is done and the electrical part is done. If a code compliance inspection is done, the exterior issues should be moot. Mr. Brisson responded he has done major progress on the house and he does not want to live in his truck anymore. Mr. Magner stated there aze outstanding violations. The best resolution is if the owner applied for a code compliance inspection today. Jim Seeger (LIEP), he and Mr. Magner could talk with the owner about the immediate life safety issues that have to be addressed. Code Enforcement would be amenable to lifting the condemnation and requiring Mr. Brisson to finish the non-life hazard violations. It sounds like he has done the major issues—roof, windows, electrical—so there is just the plumbing, heating, and some painting. Major issues downstairs wili have to be addressd before the tenant is back in. Ms. Moermond stated on the interior issues here, there is no specification if it is the first floor unit or the second floor unit that has these problems, such as the handrails, ceilings, walls. Mr. Brisson responded there are no missing handrails or guardrails in his apartment. The ceilings in both apartments aze new. There is a small spot in his bedroom can hardly be seen. The walls aze immaculate upstairs and downstairs. Ms. Moermond asked about the kitchen floor. Mr. Brisson said the kitchen and bathroom floors are new upstairs and downstairs. Mr. Torgerson responded that every item would be done in ten days. Mr. Brisson stated every doar has a deadbolt on it. Only one wall is bad and it is in one of his bedrooms. Mr. Torgerson stated if the furnace needs to be certified or replaced, they can handle that. It will take months to do a code compliance inspection report. IY will be so ea�tensive and every part of the building wiil be picked apart. Ms. Moermond asked about the interior sanitation. Mr. Brisson responded the tenant has three exits. By the back door, he had cans and his gazbage. They were all heaping. He is singie. He is ��-��� LEGISLATIVE HEARING MINUTES FOR AUGUST 26, 2003 Page 10 not the cleanest a y; he is just cluttered. Mr. Brisson gets almost $800 from him. He is on Section 8 and on disability. Mr. Magner asked where is the tenant residing. Mr. Brisson responded he is at a hotel, but he changes his location all the rime. Mr. Magner asked about the next court hearing on the TRA (tenants remedy action). Mr. Brisson responded he does not Imow. He cannot collect any rent for him. He has to provide him a place to live because of the Section 8 issue. Ms. Moermond stated he has a problem with the primary and other violations aze not sepazated on the Notice of Condemnation. She will recommend to the CiTy Council that the condemnation is amended to indicate that Unit 2, upper unit, is condemned, and not Unit 1. That unit will be able to be occupied again. The principai violations are not effecUng that unit. For the balance of the building, he wiil need that code compliance inspection. He will be selling it anyway. Mr. Brisson asked can he show her the tape. Ms. Moermond responded she is not an inspector, but she will look at it. (Mr. Brisson showed her on his camcorder a videotape of the inside of the house which he said was recorded just today. He submitted the videotape.) Mr. Magner stated that Mr. Brisson indicated he had a permit to do the roof. Mr. Tenk looked at it and said he had minor things to take caze o£ He asked did he sign off on the window permit. Mr. Brisson responded the permit was for windows and stairs. He still has to do the general repair. Mr. Torgerson responded that he pulled a permit for general remodeling. He put one window in a stairway that was not tempered glass. Mr. Magner asked is the electrical work signed off. Mr. Torgerson responded he does not think it was signed off, but the electrician has a half day of work left. That will be done ihis week. Ms. Moermond asked how faz out they make appointments for the electrical work. Mr. Magner responded that day if they call before 7:00 a.m. Ms. Moermond recommends lifting the condemnation for Unit 1(downstairs unit) on the Revised Nofice of Condemnation and Order to Vacate dated August 12, 2003. Unit 2(upstairs nni is condemned unless the following is done by noon of September 3, 2003: 1) the electrical, roof, and window permits aze closed out, 2) Items 13 through 23 are completed. If the permits are ciosed that is a sign of good faith, stated Ms. Moermond. The City Council is looking for tangible evidence. She encouraged Code Enforcement to write corrections on Items 13 through 23 and continue to work with the owner. 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