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04-1039\ y� Council File # � `��J Green Sheet # �� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Committee: Date 1 2 3 4 5 6 7 8 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 WI�REAS, Neighborhood Housing & Property Improvement 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 duplex located on property hereinafter refened to as the "Subject Property" and commonly known as 705 Farrina on Street. This property is legally described as follows, to wit: The North 36 feet of Lot 10, Block 3, Humphrey's Addition to Saint Paul WHEREAS, based upon the records in the Ramsey County Recarder's Office and information obtained by Neighborhood Housing & Property Improvement on or before Apri126, 2004, the following are the now known interested or responsible parties for the Subject Property: Kos K Jahangiri and .Tennifer Lee-Jahangiri, 771Q Pilot Knob Rd, Apple Va11ey, MN 55124-6647; Kos 7ahangiri, Coldwell Banker, 14420 Glenda Dr, Apple Vailey, MN 55124; Inter Bank, FSB, 6545 France Avenue S, Edina, MN 55435 WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate Nuisance Buildina(s)" dated July 2, 2004; and WHEREAS, this arder informed the then known interested or responsible parties that the structure located on the 5ubject Property is a nuisance building(s) parsuant to Chapter 45; and WF�REAS, this order informed the interested ar responsible parties that they must repair or demolish the structure located on the Subject Property by September 2, 2004; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WI�IEREAS, this nuisance condition has not been corrected and Neighborhood Housing & Property Improvement 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 I.egislative Code, of the time, date, place and purpose of the public hearings; and AA-ADA-EEO Employer 0��to39 3 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 51 52 WF3EREAS, a hearing was heid befare the Legislarive Hearing Officer of the Saint Paul City Council on Tuesday, October 12, 2004 to heaz testimony 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 Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the coxnmunity by rehabilitating this structure in accordance with a11 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 of the structure to be completed withan fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 27, 2004 and the testimony and evidence including the action taken by the I.egislaUve 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 705 Farrington Street: 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 correct the deficiencies ar to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been conected. That Neighborhood Housing & Property �nprovement has posted a placard on the Subject Property which declazes it to be a nuisance condition subject to demolirion. That this building has been routinely monitored by Neighborhood Housing & Property Improvement, VacanUNuisance Buildings. That the known interested parties and owners aze 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: 1. The above referenced interested or responsible parties sha11 make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this structure and conecting 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 fifteen (15) days after the date of the Council Aearing. AA-ADA-EEO Employer �� to39 � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 2. ff the above conective action is not completed within this period of rime Neighborhood Housing & Property Improvement 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 I,egislative 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 Paui I.egislative Code. Requested by Department of: Yeas Navs Benanav � Montaomerv �I' Bostrom ,/ Thti Haz Laz Hel AdoF AdoF By: Apps By: Absent Nei hborh.od Housin Pro ert Tm rovement Bv: �`�J AA-ADA-EEO Employer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � c�y —tc��q DepartmenUoffice/council: Date Initiatetl: � NH -�`:��b�Ho���� 17-SEP-04 Green Sheet NO: 3022551 Contact Person & Phone: Deoarhn�t Sent To Person InftiaVDate Andy Dawkins -� 0 r Ho ' o er 26��92� ASSign 1 ' bor oodHa ' De arlmentDirector —' �9 Must Be on Council /�qenda by (Date): Number 2 � A rne � � 0 27-OCT-04 For Routing 3 or's Office Ma or/ASSistant Order 4 �� 5 i Cler Ci Clerk ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requestetl: City Council to pass this resolurion which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Nei�borhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 705 Fazrington Street. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following �uestions: Planning Commission 1. Has this person/fvm ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Nas this persoNfirm ever been a city employee? Yes No 3. Does this person/firm passess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete 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 Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 705 Farrington Street by September 2, 2004, and have failed to comply with those orders. Advantages If Approved: The City will eliminate a nuisance. DisadvanWges If Approved: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property tases. DisadvanWges If Not Approvetl: A nuisance condition will remain unabated in the City. This building(s) will conrinue to blight the communiry. ��� �Y� Total Amount of TransactioR: 9000 CosURevenue Budgeted: y ��� � 2 ���4 Fundin9 source: Nuisance Housing Activily Number: 30251 p � g q � Financial Information: Abatement ��,� �������� ���ry� ���� ���o�7'y� I (Explain) ��p 2 4 206� DNGSfON OF PROPERTY CODE ENFORCEMENT / 1C.�' l�� Andy Dawkins, Program Manager �J 4 C i i 1 Or" S�T Pa Nuisance Build�ng Code £nforcement Rand,v C. Kel1y, Mayor 1600 Nonk White Bear Avenue 7e1: 651-266-1900 Sairu Pau{ MN 55106 Fax: 651-266-1926 September 17, 2004 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council ��°� ���� ;�,,.,�,,�, e�i1;� Neighborhood Housing & Property Improvement , Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removai of the nuisance building(s) located at: 705 Farrington Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, October 12, 2004 City Council Hearing • Wednesday, October 27, 2004 The owners and responsible parties of record are: Name and Last Known Address Kos K Jahangiri and Jennifer I.ee-Jahangiri 7710 Pilot Knob Rd Apple Valley, MN 55124-6647 Interest Fee Owner Kos Jahangiri Coidwell Banker 14420 Glenda Dr Apple Valley, NIN 55124 Inter Bank, FSB 6545 France Avenue S Edina, MN 55435 The legal description of this property is: Fee Owner Holder of Mortgage The North 36 feet of Lot 10, Block 3, Humphrey's Addition to Saint Paul AA-ADA-EEO Employtt U�- l03°l 705 Farrington Street September 17, 2004 Pa�e 2 Nei�hborhood Housin� & Property Improvement has deciared this building(s) to constitute a "nuisance" as defined by I.e� slative Code, Chapter 45. Neighborhood Housing & Property Improvement has issued an order to the then known responsible parties [o eliminate this nuisance condition by correcting the deficiencies or by razin? and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condi[ion remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Neighborhood Housing & Property Improvement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildin� in a timely manner, and failing that, authorize the Neighborhood Housing & Property Improvement 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, � 1e , , �� , Steve Maa er Vacant Buildings Supervisor Neighborhood Housin� & Property Improvement SM:mi cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO Emptoya 4� ��� y LEGISLATIVE HEARING MINiJTES FOR OCTOBER 12, 2004 Page 7 Resolution ordering the owner to remove or repair the pmperiy at 705 Farrington Street. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building. (Photograplvs were submitted by Steve Magner.) Steve Magner gave the following report: this is two-story wood frame duplex. It was condemned Mazch 2003 and has been vacant since February 10, 2003. There have been seven suwmazy abatement notices issued to remove gazbage, remove debris, cut tall grass and weeds. On June 24, 2004, an mspection of the build'mg was conducted, a list of deficiencies wluch constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on July 2, 2004 with a compliance date of September 2. As of this date, this property remains in a condirion which comprises a nuisance as defined by the legislative code. The vacant building fees have been paid. Two citations have been issued for failure to register the vacant building and pay the vacant building fee. Ta�cation has placed an estimated market value of $24,900 on the ]and and $77,600 on the building. On September 29, a Code Compliance Inspection was done. As of today, the bond has not been posted. Code Enforcement inspectors estimate the repair costs to be between $65,000 to $75,000; estimated cost to demolish, $8,000 to $9,000. Kos Jahangiri, owner, appeared and stated he plans to fix it. He has this property because someone owed him money, and then he was stuck with the properiy. This has been a drain on his finazices, and it is not far money maldng. The bank is going to give him a loan now. He has done a rehabilitation once before. Ms. Moermond stated the City has had to issue Summary Abatement Orders to tell him to clean up the properiy. The City has had to perform the work. The vacant building fees have not been paid, and crimmal citations have been issued. A bond has not been paid. All of these indicate that he does not lmow what he is doing property mauagement-wise or rehal}wise. This building is in rough shape. She asked is he doing this himself. Mr. Jahangiri responded he has a contractor. They pulled the pernuts. Mr. Magner responded there aze not pernrits for this property. He couldn't pull permits until a bond is issued. Ms. Moermond stated the City requires a$2,000 bond be posted for a dangerous structure. A person cannot pull pernuts on a dangerous structure until a bond is posted. Mr. Jahingiri asked can he get an extension. Ms. Moermond responded she has a hearing on October 26 and he can attend that one. She is looking for the following: 1) a work plan so the owner Irnows the scope of what he is going to undertake to bring the property back into code compliance, 2) a bond will need to be posted by noon of October 27, and 3) evidence of fivaucial wherewithal to execute the rehabilitation. They can talk on October 26 about the work plan and bond. He may want to bring his general contractor to that hearing. Ms. Moermond recommends laying over to the October 26 Legislative Hearing and the October 27 City Council Meeting.