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04-1041° ' � � /� � ���� Council File # v`l`���� Green Sheet # 3 0�a S5�- RESOLUTION Presented By Referred To WHEREAS, 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 dwelling located on property hereinafter referred to as the "Subject Property" and commonly known as 907 St. Anthony Avenue. This property is legally described as follows, to wit: Lot 19, Block 4, Milton Addition 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 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvement on or before July 20, 2004, the following are the now known interested or responsible parties far the Subject �'operty: The Bank of New York as trustee, Fairbanks Capital Coip, 338 Wanninster Rd S, Hatboro, PA 19040-3430; Josala Landvick and Chesley Dailey, J& D Rental Properties Inc, 2202 James Ave N, Minneapolis, MN 55411-1931; Lawrence A. Wilford, 7630 Currell Blvd, Suite 300, Woodbury, MN 55125 WHEREAS, Neighborhood Housing & Property Improvement 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 August 18, 2004; and WHEREAS, this order informed the then known interested ar 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 ar responsible parties that they must repair or demolish the structure located on the Subject Property by August 24, 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 WHEREAS, this nuisance condiUon has not been conected and Neighborhood Housing & Property Improvement requested that the City Clerk schedule public hearings before the L.egislative 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 CITY OF SAINT PAUL, MINNESOTA � p D i O�-1�`� � 2 WHEREAS, a hearing was held before the Legislative Hearing Off3cer of the Saint Paui City 3 Council on Tuesday, October 12, 2004 to hear testimony and evidence, and after receiving testimony and 4 evidence, made the recommendation to approve the request to order the interested or responsibie parties 5 to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and 6 remove its blighting influence on the community by rehabilitating this structure in accordance with all 7 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in 8 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to 9 be completed within f���r��days after the date of the Council Hearing; and 10 /9D 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 4Gt 45 46 47 48 49 50 51 52 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 Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the tes6mony 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 907 St. Anthony Avenue: 1. 2. 3. 4. � 7 That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($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 or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property which declazes it to be a nuisance condition subject to demolition. That this building has been rouYinely monitored by Neighborhood Housing & Property Improvement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolution and that the notificauon 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 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 structwe in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within f�f�°°^-%}days after the date of the Council Hearing. �gd AA-ADA-EEO Employer �4-�a�.� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 2. If the above corrective action is not completed within this period of time Neighborhood Housing & Property Improvement is hereby authorized to take whatever steps aze necessary to demolish and remove this structure, fill the site and chazge 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 L,egislative Code. Requested by Department of: Yeas Navs Benanav �.i' MontpOmeYy � Bostrom ,i� ThL Hdi Laz Hel Ado� Ado� BY: Appr By : Absent Nei h rhood Housin Pro ert Im rovement sy � ��avf AA-ADA-EEO Employer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green c�i,� t `�.t Sheet � DepartrnenT/officelcouncil: Date Initiatetl: NH -����b�Ho���� '17-SEP-04 Green Sheet NO: 3022552 Confaci Person & Phonr. Deoartrnent Sent To Person InitiaUDate Andy Dawkins � 0 rhood Ho " o r 26&7927 pssign 1 rhoodHo ' o r armientDirector �� � Must Be on Council Agenda by (Date): Number 2 ' A rne - -6 � 27-OCT-04 For Routing 3 or's Oftice Ma odASSistant Order 4 0 �� 5 ' Clak Ci Clerk Total # of Signature Pages _(Clip NI Locations for Signature) Action Requested: City Council to pass this resoluUOn which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Neighborhood Housing & Proper[y Improvement is ordered to remove the building. The subject property is located at 907 St. Anthony Avenue. Recommendations: Approve (A) or Reject (R): " Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personttirm ever been a city employee? Yes No 3. Does this persoNfirm passess a skill not normally possessed by any current city employee? - Yes No Ezplain 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 I,egislative Code. The owners, interested parties and responsible paz6es known to the Enforcement Officer were given an order to repair or remove the building at 907 St. Anthony Avenue by August 24, 2004, and have failed to comply with those orders AdvantageslfApprovetl: � The City will eluninate a nuisance. Disadvantages 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 taxes. Disadvantageslf NotApproved: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. � 5nu+ 3 8 YP� Totai Amount of g000 CosURevenue Budgeted: y � Trensaction: Fundingsource: NuisanceHousing ActivityNumber: 30251 � Financial Information: C � Abatemetn �Eg C 3 20a4 (Explain) . °�a ���€3e�it°n ['iR?ec4�a� �ol � X� 8 p �,d€ S�P 2 4 20�4 DNISION OF PROPERTY CODE ENFORCEMEiVT Andy Dawkirzs, Pragram Manager CTI'I' OF SAINT PAiJI., Nuis¢nce Bui[ding Code Enforcement Randy C. Kelly, Mayor 7600 North White BearAvenue Tel: 65/-266-/900 Saint Pau(, MN SS106 Faz: 651-266-1926 September 17, 2004 NOTTCE OF PUBLIC HEARINGS Council President and Members of the City Councii Ou- to�.l fv� fi:qcr-arr`.n'�F3�Et€?i' '' J t �"- Neighborhood Housing & Property Improvement , VacanUNuisance 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: 907 St. Anthony Avenue 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 The Bank of New York as trustee Interest Fee Owner Fairbanks Capital Cocp 338 Wamunster Rd S Aatboro, PA 19040-3430 Josala Landvick and Chesley Dailey J& D Rental Properties Inc 2202 James Ave N Minneapolis, NIlV 55411-1931 Rental Registration stated owner Lawrence A. Wilford 7630 Currell Blvd, Suite 300 Woodbury, MN 55125 The legal description of this property is: I.ot 19, Biock 4, Milton Addition Attorney for Owner e e.sne_FFn am.a,.,... c��- �o� l 907 St. Anthony Avenue September 17, 2004 Pa�e 2 Neighborhood Housing & Property Improvement has declared [his building(s) to constitute a "nuisance" as defined by I.e�islative Code, Chapter 45. Neighborhood Housing & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or 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 blightina 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 building 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, �s , , �� . Steve Magner Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:mI cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attorneys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph ee_ene_aan F..�.,i...,.. �-�e� �� o��-to� � LEGISLATIVE HEARING MINUTES FOR OCTOBER 12, 2004 Page 8 Resolution ordering the owner to remove or repair the property at 907 St. Anthonv Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building. (Photographs were submitted by Steve Magner.) Wally Nelson appeazed and stated he bought the properry at the end of September. He cleaned it out. Jim Singer (License, Inspection, Environmental Protection) went through it, his team did the inspection, Me. Nelson pulled the bond, and he will pull the pemuts by tomorrow. Ms. Moermond asked how much time it would take. Mr. Nelson responded he will need 180 days. The worst part is getting it pulled back together. Steve Magner reported this is a two-story wood frame dwelling. The buiiding was condemned in November 2003 and has been vacant since November 12, 2003. The current owner is Renovarion, Ina There have been four suminary abatement notices issued to cut tall grass and weeds, remove debris from porch and yazd, and remove snow and ice. On August 16, 2004, an inspection of the buiiding was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photogaphs were taken. An order to abate a nuisance building was issued on August 18, 2004 with a compliance date of August 24. As of this date, this properry remains in a condiUon which comprises a nuisance as defined by Yhe legislative code. The timing was based on an explosion on the property; the northwest corner of the house was blown out. The fire inspector indicated it was possible arson. The mortgage company sold the property. Renovation, Inc. acquired the property. Vacant building fees aze paid. Taxadon has placed an estimated market value of $19,400 on the land and $81,400 on the building. On October 8, 2004 a Code Compliance Inspection was done. A bond has been posted. The estimated cost to repair is $75,000; estimated cost to demolish, $8,000 to $9,000. Jim Seeger (License, Inspections, Environmental Protection) feels Mr. Nelson can get this properry back together as per his business. Ms. Moermond recommends granting 180 days to rehabilitate the structure. Appeals of Deficiency List and Vacant Building Registration Notice at 938 Sixth Street East/623 Forest Street. (Division of Fire Prevenrion and NHPn Marcia Moermond explained that the owner is appealing the list and the vacant building registration. Jeff Voeller, owner, appeared. Mike Urmann reported the building owner and he met at the site. Mr. Urmann made a determination that the building should not have been condemned. They changed the status on it to revoked/unoccupied. Their intention is to hold it in revocarion due to the vacancy of the