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Council File # ��_' `
Green Sheet # �
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
a`
Committee: Date
1 WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to
2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and
3 removal of a two and a half story, wood frame, duplex with an oversized, two-stall, garage located on
4 property hereinafter refened to as the "Subject Property" and commonly known as 801 Sims Avenue.
5 This property is legally described as follows, to wit:
Lot 15, and the West 2 1/2 feet of the South 55 feet of the North 85 feet of Lot 16, and the
West 2 1/2 feet of the South 40 feet of Lot 16, Block 21, Arlington Hill Addition to Saint
Paul
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood Housing & Property Improvement on or before August 9, 2004, the following
are the now known interested or responsible parties for the Subject Property:Janice M. Timmers, trustee,
Edwin A. Timmers, Jr. And Janice M. Timmers Trust Agreement, 5599 Hugo Rd, White Bear Lake, MN
55110-2344 ; Edwin A. Tiznmers, Jr. And Janice M. Timmers, 5599 Hugo Rd, White Bear Lake, MN
55110-2344; Nosratollah Mazhariravesh and Pan S. Yaung, 1444 Sargent Ave, St. Paul, NIN 55105-
2329
14 WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the
20 provisions of Chapter 45 of the Saint Paul I.egislative Code an arder identified as an "Order to Abate
21 Nuisance Building(s)" dated September 20, 2004; and
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WFIEREAS, this order informed the then known interested or responsible puties that the
structure located on the Subject Property is a nuisance bualding(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by October 5, 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
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1 WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing &
Z Property Tmprovement requested that the City Clerk schedule public hearings before the Izgislative
3 Hearing Officer of fhe City Council and the Saint Paul City Council; and
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5 WHEREAS, the interested and responsible parties have been served notice in accordance with
6 the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and purpose of
7 the public hearings; and
9 WT�REAS, a hearing was held before the I.egislative Hearing Officer of the Saint Paul City
10 Council on Tuesday, November 23, 2004 to heaz testimony and evidence, and after receiving tesfimony
ll and evidence, made the recommendation to approve the request to order the interested or responsible
12 parties to make the Subject Property safe and not detrimental to the public peace, health, safety and
13 welfare and remove its blighting influence on the community by rehabilitating this structure in
14 accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing
15 the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of
16 the structure to be completed within F�ff '�° :��} days after the date of the Council Hearing; and
17 f�d� �5 )
18 WHEREAS, a hearing was held befare the Saint Paul City Council on Wednesday, December 1,
19 2004 and the testlmony and evidence including the action taken by Che I.egislative Hearing Officer was
20 considered by the Council; now therefore
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BE TT 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 801 Sims Avenue;
2.
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That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
That [he costs of demolition and removal of this building(s) is esrimated to exceed three
thousand dollars ($3,000.00).
That there now exists and has existed multiple Housing or Building code violarions 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 conected.
That Neighborhood Housing & Property Improvement has posted a placard on the
Subject Ptoperty which declares it to be a nuisance condiYion subject to demolirion.
That this building has been routinely monitored by Neighborhood Housing & Property
Ixnprovement, VacantfNuisance Buildings.
That the known interested parties and owners are as previously stated in this resolution
and that the notification requirements of Chapter 45 have been fu1fi11ed.
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1 ORDER
2 The Saint Paul City Council hereby makes the following order:
3 l. The above referenced interested or responsible parties shall make the Subject Properiy safe and
4 not detrimental to the public peace, health, safety and welfare and remove its blighting influence
5 on the community by rehabilitating this structure and correcting all deficiencies as prescribed in
6 the above referenced Order to Abate Nuisance Building(s) in accordance with all applicabie
7 codes and ordinances, or in the altemative by demolishing and removing the structure in
8 accordance with all applicable codes and ordinances. The rehabilitation or demolition and
4 removal of the structure must be completed within ��.��'� days after the date of the Council
10 Aearing. /=�Je !S)
11 2. If the above corrective action is not completed within this period of time Neighborhood Housing
12 & Property Improvement is hereby authorized to take whatever steps aze necessary to demolish
13 and remove this structure, fill the site and charge the costs incurred against the Subject Property
14 pursuant to the provisions of Chapter 45 of the Saint Paul L.egislative Code.
15 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
16 property or fixtures of any kind which interfere with the demolition and removal shall be
17 removed from the property by the responsible parties by the end of this time period. If all
18 personal property is not removed, it shall be considered to be abandoned and the City of Saint
19 Paul shall remove and dispose of such property as provided by law.
20 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties
in ac with Chapter 45 of the Saint Paul Legislative Code.
Yeas Navs Absent
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Requested by Department of:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�epartmenUofficelcouncil: Oate 4nitiated:
NH — NeighbaLoodHousin�JProperty 29-0CT-04 Green Sheet NO: 3024063
ConWCt Person & Phone:
Andy Dawkins
266-1927
Must Be on Council Agenda by
01-DEC-04
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Assign
Number
For
Routing
Order
0 e' h rh Ho ' o er c �
I rh o' o r � De az[mentD'uec[or � l
5 i Cierk C' C1erk
Total # of Signature Pages, (Clip NI Locations for Signature)
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
compiy with the resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property
is located at 801 Sims Avenue.
idations: npprove (n) or F
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person(firm ever worked untler a contract fo� this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/fittn possess 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 6uilding as defined in Chapter 43 of the Saint Paul
Legislative Code. The owners, interested parties and responsible pazties known [o the Enforcement Officer were given an order to �%
repair or remove the building at 801 Sims Avenue by October 2Q 2004, and have failed to comply with those orders.
Ativantageslf Approvetl:
The City will eliminate a nuisance.
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DisadvanWges If Approved: �,a d E �.�4 =°- �..d � d AP �
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.
Disadvantages If Not Approvetl:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
ToWI Amount of g000
Transaction:
CostlRevenueBUdgeted: y
Fundin9 Source: NuisanCe HoUSing Activiri Number: 30251
Financiallntormaiion: Abatement
(Explain)
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MII�tUt'ES OF TF� LEGISLATIVE HEARING Oy"��Z,�p
ORDERS TO REMOVE/REPAIl2, CONDEMNATIONS, ABATEMENT ASSESSMENTS,
SUMMARY ABATEMENT ORDERS, RENTAL REVOCATION CERTIFICATES
Tuesday, November 23, 2004
Room 330 Courthouse
Mazeia 1Vloermond, Legisiative Hearing Officer
Ttie hearing was caIled to order at 10:07 A.M.
STAFF PItESENT: Andy Dawl�s, I3eighborhood Housing and Property Improvemern (1�HPn;
Pat Fish, Office of Fire Prevention; 3ean LaClare, NHPI; Steve Magner, NHPI
Appeal of s Deficiency list, which includes condemnarion, at 1315 Rice Street.
(Laid over from 11-IS-04)
(The owner did not appear.)
Racquel Naylor said that the owner was at the last hearing and said he would be unable to attend
this hearing.
Pat Fish explained that the owner and his attorney were there on November 16 at the followup
inspection There was only one garage space she didn't get into. A tenant changed a lock on one
unit.
Marcia Moermond asked was there a change in the condition that led to the condemnation Ms.
Fish responded little work was done, and his attorney agreed to that. The basement azea was
occupied as a band practice room. It looked lilce people had been sleeping there. The walls were
lined with cardboard, which is dangerous. That was added to the list. There is not sufficient
e�ting from the basement, fire separation, lighting. It is not set up to be occupied; it is only set
up to be used for storage. He w�71 have to vacate that space. There aze three tenants in the
building, and Community Stab�ization will keep them in their place until later. The attomey said
he was hu�ed to assist in selling the build'mg, said Ms. Fish. The vacate date was extended to
November 29. In the mearatime, the other spaces aze vacant with exception of the basement.
Ms. Moermond recommends denying the appeal on the Deficiency List dated November 3, 2004.
This will go for public hearing before the City Council on December 1.
Discussion on resolution to remove or repair the property at 1956 Feronia Avenue.
Ms. Moermond stated she has a letter indicating they are ready to get their pernuts. She would
1�7ce to start out with the plans, proof of ability to finance the plans, and the performance bond.
Mark Balay, Marcus Balay Architects, appeared and stated he has plans. There was a preliminary
meeting in LIEP, but they have not seen the plans. The plans have been reviewed with
Councilmember Benanav. Mr. Balay is developing each of these sheets more each day. He just
came from the building where they were verifying window sizes for window replacement today.
They aze down to setting up contracts for the costs. 1'he last set ofplans had a great design, but
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MINUTES OF TI� LEGISLATIVE HEARING OF NOVEMBER 23, 2004 Page 2
they were not able to do it when the cost came m. This current solurion will work based on the
amount of money they approved
Ms. Moermond stated the mspectors w"sll need to review these plans. The plan review process
can be cumbersome and tune intensive. Sfie is concerned this is gomg to be bogged down and
throw off time schedules. Ms. Brown responded that two people from LIEP have been at the
m�am �cn ivtr. s�y.
Mr. Balay stated the work is happenmg mside the bwld'mg. From a wning standpomt, LIEP has
indicated this is a mmor issue, but he needs to douhle check t1�at because he talked to them two
months ago.
Ms. Moermond asked about the financing. Ms. Brown responded she bought the entu�e packet
with her, as she was not sure what Ms. Moermond would want. Ms. Moermond responded that
Counc�nember Benanav has reviewed these m detaz'i. He has done reat estate finance, so she will
tn�st his judgement on tt�at. They aze okay.
Ms. Brown stated she never received an answer to her letter. Ms. Moermond responded each of
them is looidng for assurances from the other. The owner wi71 not get the permit to rehab�litate
this bwld'mg uniess the City Counc�7 has passed a reso}urion to give pernvssion to rehab it. She
will not get permission uatil she posts this substantiai bond because of the past failure. The
$25,OQ0 needs to be posted. TSey can work on the tunmg so it can be tuned as close as possble
to when they seek the permits from L1EP. She cannot recommend to the Coimc� that they adopt
tivs resolurion without postmg the bond. The bond is refundable upon complerion of the project.
The code is clear on tt�at. The Council could write m the resolution the conditions on when the
bond can be refuuded Build'mg inspectors m LIEP have discretion to grant another 180 days if
the project is 50% complete at the 180-days mazk. If they had to scrap the project and demolish
the build'mg, the owner can get tUe money back. The purpose of the bond is to make sure the
project is completed Everything they talked about mdicated the project can be done m one year.
Mr. Magner stated if the property is removed witl�um 180 days, the bond is refunded. Mr. Balay
stated they are creatin� two targets: one that is successful if they put the build'mg m service and
the other is i#'they want to remove the b"'id*'r�o, This is acceptabie to him. Ms. Browu added that
this takes case of the feazs on both sides.
Ms. Moermond stated she would li7ce to pick a time certam when they go before the Counc�7. She
does not want the bw7ding to be delayed. The letter mentioned the first week ofDecember they
would seek permits. Mr. Ba1ay responded 2 to 3 weeks to get review. He asked does he need
tentarive approval and permits ready to be picked up before he goes to Counc�7. Ms. Moermond
resgonded yes. She is thmldng that they should go to LIEP as soon as they can.
Mr. Magner stated the plans examiner 7im B3oom needs to be worked with. He will brmg in the
City's structural engmeer. When the plans exammer gives the okay, then the owner can be
contacted, the resolution can be written, the owner w�71 need to post a bond, and then the matter
w�71 go to Counc�7.
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MII�tt3TES OF TI� LEGISLATIVE HEARING OF NOVEMBER 23, 2004 Page 3
Ms. Moermond stated she is thinkmg about December 22 to bring it to Counc�7. Mr. Balay and
Ms. Brown responded that is acc$ptable.
Ms. Moermond recontmends granting 1$0 days to rehab�7itate the property on condition that a
$25,000 bond is posted by noon of December 22. She w�l assume everythmg else in the permit
process �s workmg.
Resolutton ordering the owner to mmove or repair the property at 475 Beaumont Avenue.
If the owner fails to camply with the resolution, Neighborhood Housiag and Property
Improvement is ordered to remove the building.
(No photographs were submitted at this time.)
Steve Magner gave the following report: The building is a two-story wood frame single family
dwellmg with an attached single caz gazage. The building has been vacant since March 31, 2004.
The current owners are Xy Moua Vang and Tay Vang. There have been four suuvnary abatement
notices to remove refuse, secure gazage, cut tall grass, secure window and garage door. On
September 8, 2004, an inspeciion of the buiiding was conducted, a list of deficiencies which
constitute a nuisance condition was developed, and photographs were taken. An Order to abate a
nuisance building was issued on September 20, 2004 with a compliance date of October 20. As
of this date, the properiy remains in a condition which comprises a miisance as defined by the
legislative code. T'he City has had to board this building to secure it against trespass. The vacant
building registrarion fees are due. Tasation has placed an estimated market value of $24,5Q0 on
the land and $98,OQ0 on the building. As of November 9, no one has applied for a Code
Compliance Inspection nor has a bond been posted The estimated cost to repair this stnxchue is
$50,000 to $60,000; estisnated cost to demolish, $7,000 to $8,000.
Tay Vang, owner, 133 Magnolia Avenue East, one of the fee-owners, appeared and stated he is
working with the mortgage company to sell the property. He started to repaa it, but ran out of
money. A lot of damage occuned and he had to move out. He put a new roof on the praperty,
He purchased all the windows and tl�ey are inside.
Ms. Moermond asked how close he is to selling. Mr. Vang responded it has been going on for
three weeks. They have to work through an attorney. The lien holder is City Mortgage. It is
close to foreclosure. He had been making payments for a yeaz, but he does not have money to
make the payments any more.
Ms. Moermond asked about the summuy abatement notices. Mr. Magner responded the first was
issued on March 31, 2004. The Summary abatement for the grass was abated.
Ms. Moermond stated this does not look promising. Tlie City has had to manage the property,
secure it, and do the same with the window. Mr. Vang responded he put all the boards on all the
windows.
Ms. Moermond stated all of these thuigs indicate that the owner does not know how to get the
property rehabbed. She does not heaz there is an imminent sale. There are a couple of steps he
MINUTES OF TI� LEGISLATIVE HEARING OF NOVEMBER 23, 2004
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can take: i) Get a code coix�liance mspection, 2) Pay the vacant bufld'mg fees. The City requaes
a code compliance mspectioa She needs to get from the owner a concrete signal that he lmows
whai he is doing. One signal is the code compliance inspection. Mr. Magner stated he ne�s a
code compliance inspection, which can be used 'm fieu of the truth-in-seIl of housmg, to seIl the
PTOPertY
Ms. Moermond recommends laymg over to the December 14 Legislative hearmg �'the following
is done by noon of December i: 1) get a code compliance mspection, 2) get the vacant bwlding
fees.
y Resodufion ordering the owner to remove or repair the property at SUl Sims Avenue. If the
""y` owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the buildisg.
(Steve Magner submitted photographs.)
Steve Magner gave the followmg staffreport: tivs is a two and a half story duplex with a
detached two stall gazage. The buiiding was condemned in September 2004 and has been vacant
since Juty 12, 2004. The current owner is listed as Edwin A. Timmers and Janice M. Timmers.
Ms. Timmers sent a letter that she has been paid offon her contract-for-deed and no longer has
interest in the property. Mr. Magner has been contacted by Nosratollah Mazhariravesh and he
plans to sell the property to a group who w�71 do redevelopment on the property.
Mr. Magner stated there have been two summary abatement notices issued to remove debris and
remove inoperable truck and van lacking current tabs or license. On September 15, 2004, an
inspection of the bu�lding was conducted, a list of deficiencies which constitute a nuisance
condition was developed, and photographs were taken. An order to abate a nuisance building
was issued on September 20, 2004, with a compliance date of October 5. As of this date, th'ss
property remains in a condition which comprises a nuisance as defined by the legislative code.
The City has had to board this bu�lding to secure it against trespass. The vacant building fees aze
due. TaYation has piaced an estimated market value of $33,800 on Yhe ]and and $134,400 on the
building. As of November 9, a code compliance inspection has not been applied for and the
$2,000 bond has not been posted. Code Enforcement offices estimated the cost to repair is
$100,000; estimated cost to demolish, $7,000 to $$,000. The structure is marginally salvageable.
It is a dangerous nuisance. The fire was on 7uty 11.
Nosratollah Mazhariravesh appeazed and stated he is the owner, and he sold it to Gloria Murphy,
who wants to develop it for another building. They need more time because they wam to
demolish the other rivo buildings altogether. He would lilce another 2 to 3 months to demolish the
comer.
Gloria Murphy, Makayley Foundation, appeared and stated they put a purchase agreement on the
property on Fn_day. They would like to do workforce property with a bakery. They have talked
to University Bank and they have an investor.
Ms. Moermond stated she is not inclined to grant an extension in this case. The photographs are
compelling. This is a blight on the neighborhood. She asked does Ms. Murphy laiow from
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MINUTES OF Tf� I.EGISLATIVE HEARING OF NOVEMBER 23, 2004 Page 5
experience that it is cheaper to demolish three houses together than to demolish them mdividually.
Ms. Murphy responded no, but the property manager has the e:cperience to know tfiis. Slae put
together the preliminary fmancial 'mformation on it.
Ms. Mnermond stated she w71 give them unt�l December i to decide what they want to do. Mr
Mwphy needs to decide if she wants to demolish it or atlow the City to do ik.
Mr. Magner eatplamed how issues in the bu�d'mg-such as aesbestos-�an increase the amount of
the bid The City can do the demolition, and the cost would be assessed to the taxes. Also, his
office would work with the project manager for preparmg the site after the demolition
Ms. Moermond ta7ked about the property tax abatement program when a bwld'mg experieaces a
disaster. The owner would not have to pay taxes on sometiung that does not esist anymore.
(Ms. Moermond's recommendation is forthcoming.)
Appeal of Summary Abatement Order at 195 White Bear Avenue North.
Jean LeClare, NHPI, appeazed and stated she received a complaint about a tree or bush. On the
inspection, they found a shrub hanging over the public sidewalk. An order was issued
William ShelYOn, owner, appeazed and stated this is a tree-sized bush It adds value to the
properiy and looks nice on [he corner. C�tting the branch would remove the problem, but it may
harm the look. He wants to hire a musery or professional gardener to prune the tree back. It was
not a problem for the previous owner who built the house. He plans to correct the probiem, and
he understands why someone would want the limbs removed
(Ms. LeClare showed two photographs to Ms. Moermond. One photograph was returned.)
Ms. Moermond asked what heighi is the protusion. Ms. LeClaze responded 5 to 6 feet. The
previous owner was issued orders in 2001. When it was reinspected, it was in compliance.
Ms. Moeimand stated it has been about 7 to 8 weeks since he received the order. She asked has
he talked to a tree e�ert. Mr. Shelton responded someone in Home Depot is going to come out.
He called another nursery, but they want a fee to come out.
Ms. Moermond recommends denying the appeal and changing the compliance date to December
22, 20�4 on the Suuunary Abatement Order dated October 26, 2004. It does need to be fixed.
Appeal of Excessive Consumption Letter at 582 Charles Avenae.
The following appeared: Pat Lindgren, owner, and Chris Crutchfield
Andy Dawkins reported inspector Seeley made the call of excessive storage m the exterior. There
was gazbage and debris that needed to be taken caze o£ He got the appeal that Ms. Lindgren had
filed and realized she let the time expire to appeal the original Conection Notice. It caught her
attention when she got an excessive consumption �ill for $50 for not taking care ofthe excessive
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1��IINUTES OF TFIE LEGISLATIVE HEARING OF NOVEMBER 23, 2004 Page 6
storage. Now, she is domg an agpeat on both. Mr. Dawlaus told Ms. L'mdgren thai the excessive
consumption appeal process is separate and needs to be appealed at another time.
Ms. Moermond asked to see a copy of the origmal Correction Norice.
(Mr. Dawlm�s and Mr. Crutchfield both showed Ms. Moermond thea copy of the norice.)
Mr. Dawkms stated the owner did not make a timely appeal of the originat Correction Notice and
she va� contumue to get excessive consumprion bills if NFiPI says that she needs to do something.
He offered to mediate it, bring Inspec,�tor Seeley witfi hnn, and see if they can do some of what
Ms. Seeley is requestmg and not others. If the meantime, Mr. Dawkins w�i not be sending any
excessive consumption bills an this property until they get m fro� of Ms. Moermond on the
orign�al excessive consumprion b�l.
Mr. Crutchfield asked where tbat leaves the $50 on the original excessive consumption notice.
The awner feels she has compfied with this order. She wazrts to work with Mr. Dawkins, but
does not feet she should be penalized $50 for hyu�g to comply. Mr. Crutchfield asked that they
corninue with this process and go with his tecommendation and ask that Ms. Moermond waive
the $50 fee.
Ms. Lindgren stated she started a construction project in 2002. The construction project ripped
her garden and put it in the back. She has beeu workmg on this for two yeazs. She has not had
time to put the garden back and she has a pile of wood The wood is 1f3 of the size it was the last
time she was here. New wood has been added. She did some work on the back door. She needs
to put trim sround the patio door in the basement. Those items are not trash They aze items she
bas purchased arnd 'mtends to use for something.
Ms. Moermoned stated TTf�IPI can cancei the bill in the depaztment. If there is an assessment for
excessive consumption, the owner can apgeal that. Ms. Moermond will delete it. The owner
should work with NHPi. If the items are usefui, they need to be properly stored in a shed or
garage. The Neighborhood Nuisance Handbook tallcs about stormg thuigs. They cannot be
laying around
Ms. Moermond recommends denymg the appeal on the Excessive Consumption Invoice dated
November 4, 2004
Appeal of Notice of Condemnation and Order Yo Vacate at 780 Capitol Heights.
The following appeazed: Elizabeth Speaker, owner; Betty Berger, attorney.
Steve Magner reported he there ate two principal violations that constitute the condetnnarion and
need to be brought into compliance in order to vacate. That would be the reason they are here
today.
Betty Berger stated she wanted to talk about the sewer first. The plumbing and water works.
There was a letter dated April 2, 2003, where they did a fog test. Then, they required Ms.
Speaker to hire someone to do a videotape. The videotape showed there was no obvious break in
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MINUTES OF THE LEGISLATIVE HEAItING OF NOVEMBER 23, 2004 Page 7
the sewer service. Ms. Speaker has talked to the sewer coinpany. The City tbinks there is a
sewer problem, but the City cannot document there is a break m the sewer line. There is �other
order for trash back m October thai does not mention the sewer.
(Ms. Berger gave Ms. Moeimond some paperwork.)
Ms. Moermond stated there are two issues i) break in the sewer l�e, 2) rodent mfestation She is
tal�g the inspector's word that on November 10, there was evidence when the uispector was
there. The extern�mator says as of 3ast weekend, the simation is cleaned up. Ms. Berger
responded she looked at the file m Mr. Dawkins' Office and there was nothaig m the file that said
the City saw rats or rodents.
Ms. Moernaond asked does she live there. Ms. Speaker responded she lives with three sons and a
ten year old grandson. She is retaed and 6�. Her older son hetps out a lot. The grandchild lives
with her full time.
Ms. Moermond took a recess to go over the sewer records.
(Recess from 11:28 to 11:32 am.)
Ms. Moermond stated that in her review of the materials, the tape was inconclusive. They found
an uregularity m the pipe, and she is looking at a problem with the way the pipe comes toward the
property. They recommend the owner get a contractor to look at tivs. As for the Animal Control
finding, they perfoxmed a smoke test and found it to be positive.
Ivls. Berger responded the letter says they do not msure the service was broken. It is
inconclusive. Ms. Moermond responded the smoke test was positive.
Ms. Berger stated Ryan Phunbing has come out to give an estimate. They have gotten the papers
to do the work. The ptumbmg does work m her house. The toilets flush. It is not a health and
safety hazard 14Is. Maermond responded unless it is flushing mto the so�7 azound her house and
there is a leak. Ms. Berger responded there is no proof of that. The owner is in the process of
dealin$ with her financial cnmch Someone from Homestead Mortgage visited November 15, and
there was no evidence of odor or rodenta There aze cosmetic problems. There aze complamts
about the windows. He has pictures of them.
Ms. Moermond stated they should deal witfi the prmcipal violations here. She asked wl�at led the
inspector to find the rodevt infestatioa Mr. Magner responded that Lisa Martin, the mspector,
asked aze thea holes in the yard 'm correspoudence to where the sewer lme runs, and the answer
was yes. The letter mdicated a positive fog test was found Before the advent of cameras, this is
how the City found a leak iu the system. Ninety-nme percent of the tune when there was a
positive fog test, there was a break or a irregularity m the sewer lme when it was dug up. A1so,
there were rodent holes. The neighbors say there are rodents commg out of these holes. Also,
there aze two lazge dogs on the propercy. There is a lot of waste projecY that rodents go after as a
so�ce of food.
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MIlVUTES OF TIiE LEGISLATIVE HEARING OF NOVEMBBR 23, 2004 Page $
Ms. Moermond asked have the sewers been baited. Mr. Magner resQonded they bait the sewers
when they do this. But, whea they kffi these rodents, new rodents take thea place. ThaY is why
they secure the system. It is supposed to be a sealed system.
Ms. Berger stateti Mr. Magner's answer is they have not seen the rats. Mr. Magner responded
that is not his answer. The inspector noted there aze rat holes, there are conversations with
adjacent property owners, they 2�ave baited the sewers, and they st�71 suspect there is some
'sregularity or trreak m the sewer line.
Ms. Berger stated the cliern agrees the sewer line should be mvestigated. That is not the issue.
The question is the condemnation for heahh and safety. They aze in the process of identifymg the
problem Everyone has had a rat problem. That is not a reason to condemn the properiy. An
extermmator says there aze no rats out there.
Sharon Nichols, 30 Cottage West, appeazed and stated she is Ms. Speaker's sister. She got free
money or payback money from Distciet 7. Ttiey were supposed to fix up the properiy. They
started, and then walked off the job. Ms. Nicho]s called District 7 and said that Ms. Speaker was
getting evicted. Ms. Nichols called Ms. Martm and never got a call back. She tallced to Mr.
Magner at length. I3istrict 7 fiYed the wmdows and they ttever finished it. They never paid tbat
money back New houses were buiit in the area. The rats could have come when they tore up
that property.
Joe Levasseur stated they did not t�ave the money to get it fixed. A neighbor next door bas been
there six months and has been calling and complainmg. He has big flood lights up because
someone shot the windows aut of his Jeep. It has been hard to find work, He would be happy to
fix the plce up if they had the money. They say there is $10,000 grant if she stays in the property,
but they said it is not aua7able until7anuary 1. If that's the case, they should not be harassing her
now. They give her money to fuc the house up, they take offwith the job half done, and the
inspectors say the properiy is fine. Two days later, the dog pound was called because they bark
when people walk by. Then, they have a vacate sign on the house. Two days eazlier, the
mspectors were there. They came by one day and said everything was fine and then two days
later they said the premises is condemned
JeffLevasseur, 26 i Beividere Street, appeared and stated that Mrs. Speaker has been there for 40
yeazs and has raised five Idds. He tries to fix anythmg with the house. They will try to work on
the garage. They need a lot of tune. Without aid, they will have a tough tixne �g anythmg until
summer comes. The neighbors love her. There are no complamts except &om the guy next door.
Mrs. Speakez lives with his brothers. He is che oldest and he takes care of thmgs. He taught
school and he's retffed
Tait DanieLson, District 7 Pianning Couneil, 689 I3ale Street Nortb, appeared and stated District 7
Planning Council does not give loans and never has. Mr. DanieLson has witnessed the rats in that
neighborhood There seems to be evidence of a break m the sewer ]sne. There aze rats in the
neighborhaod of Como and Capitoi Heights. If there is a break m the sewer ]me, they wouid l�lce
it fixed quickly.
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MINt3TES OF TI� LEGISLATIVE HEARING OF NOVEMBER 23, 2004
Page 9
Ms. Moermond asked is Mr. Magner awaze of any financmg programs. Mr. Magner responded
the City can hire a contractor, and the cost would be assessed onto tfie tasces. Tlvs was cleariy
mdicated in the letters from tlie sewer division to the owner. This started over a year ago. They
received thea last 3etter on 7uly 29. The City would lilce to see this issue taken care of this
construction season. Under Chapter 34, not l�avmg a positive coanection to the sewer system is
groimds for condemnation. NHPI acted witl�m their powers to issue the order to vacate. They
dn
not want to see someone put out on the street. They I�ave to be respons�ble to the constituents as
requaed by their mission statemecrt.
JeffLevasseur stated the Ms. Speaker would 1�7ce it to be taken care of and put on the tasses. Ms.
Berger concurred and said Ms. Speaker bas the paperwork for the City to do this work.
Ms. Moermond recommends denying the appeal and uphold'mg
Order to Vacate dated November 10, 2004. She needs to find c
quickly they can move on tivs issue. She is comfortable givmg 1
property. Ttie owner should file the appfication with them In <
City can assist. The property tax assessmeat can be arranged o�
peopie saying there are rats, and there are rat holes m the prope
back to 2003 about rat holes along the sewer ]'me. The inspecta
find'mg. She will give the owner one week and then she will exF
sewer repaired. She would h'Ice to see progress--answers, paper
Works by December 1. She would 1�1�e a date from Public Wot
Kodak ds
digilalscience° �
Appeal of Notice of Condemnation and Order to Vacate at 890 York Avenue.
Steve Magner reported that iris office received a complaint. Inspector Martin had a conversation
with the first floor tenant. The tenant does not have heat in the property. He normally addresses
this hy sending a Correction Notice to the owner. T'he owners are ]isted as David R Beaudet and
Steve R. 7ohnson. Mr. Magner was informed by Mr. Johnson that both owners are not in
possession of the property. They asked a number of times to get the mailing address for the new
owner. In the meantime, there was someone m the &rst and second floor. They issued a
condemnation and a vacate as of Monday. He l�as information that legal aide is trying to do a
tenants remedies action and wern to court yesterday, but they had not notified this new owner. A
Derek Scott is the new owner and has a Blaine address. They tried to contact him and were
uaable to find a verifiabie number through 411 and the Internet. Mr. Magner saw a letter to the
tenants that the property was sold to Derek Scott and Bob Keiland. Mr. Magner called a phone
number and they did not lmow Mr. Scott, hut irnew Mr. Keiland no longer worked there. They
gave Mr. Magner a phone number. Mr. Magner called Mr. 5cott and left a phone number. Heat
is a basic facility. It is gettmg cold outside. The tenant is getting heat from some other means.
Mr. Magner had a conversation ex parte in the hall with the attorney. NHPI is opposed to
removing the condemnation, but they are not opposed to extending the vacate date provided the
tenant remedy action is taken against Derek Scott, Mr. Scott makes the repairs, or a conservator
makes the repairs. Also, the tenant should use some sort of alternative heating in the meantime.
The gas stove should not be left on overnight and should not be used for the primary heating
system. ff she is boiling water or using it to do something to maintain heat, she shouid have the
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MINUTES OF 1T� LEGISLATIVE HEARING OF NOVEMBER 23, 2004 Page 10
window open. If it is electric, the oven should be shut. If it is an electric heater, it should not be
P2ugged 'ni tt�rough an extension cord ,
Perry deStefano, Southern Mmnesota Regional Legal Services, 166 Pourth Street East, #200,
reported he has this before the cotat yesterday. Derek Scott is the owner and the other mdividual
is a management company. It w�ll take Mr. DeStefimno time because he needs to renotice this.
The courthouse is closed l�iovember 25 and 26. He is at the maxmnun of his capacity. He is
confident he can have an emergency tenant remedy action aY 1:30 on Monday, December 6. How
Typically, an admmistrator can be aQpointed, He is confident he can take care of this because he
has done it before. Because af We holiday coming up, he cannot get before a judge before
December 6. The tenant's mother 2�as space heaters. He would ]�1ce an opporhmity to cancel the
vacate order.
Ms. Moermond asked is there water. Mr. DeStefano responded there is a ttseat of a water shut
o� if tbaY can be delayed unt7 December 1. There it a law that he can write the new owner and
take it out.
Mr. Magner asked could someone else process this the followmg week. He does not lmow if the
weather will go below zero. They w�71 not be abk to keep the heat in t�at dwellmg at 68 degrees
measured five feet from an interior wall. The tenant may do something that is not recommended
The potential for fffe and carbon mono�de poisoning is greatiy enhanced. He looked at the
weather farecast, and they are not saying big changes from what they are bavmg now. If the
weather stays the sazne, it is not an issue, but he wants to go record saying tliat his office is
uncomfortable gomg out that far. Mr. Magner wonders if there is someone else m his office that
can file the paperwork, Mr. DeStefano responded he does this m conjunction with the City. He
tried to get the Ciry to file one with hun. They did not want him to.
Mr. Magner asked is tivs a staffing thing, Mr, DeStefano responded that he has about 60 ofthese
issues.
Mr. Magner stated he would hlce to one mmute to have a com�ersation.
(Recess from 12:12 to 12:13}
Mr. Magner stated he had a comrersation with the Daector. Ae wouid ]flce to two thmgs: 1) he
will contact the City Attorney to see if they can do tbis. Aopefully he can make that call this
afternoon and have an answer to Mr. DeStefiaao by 3:OQ. If the weather stays the way it is, his
o$ice does not have an issue. If the weather ct�anges, he woutd hlce to rescind the hold on the
vacate. The tenant w�71 have to look at gomg to a shelter or a hoteL Mr. DeStefano responded
that he is booked, but has openings 4:00 today and 4:00 tomorrow.
Mr. DeStefano stated if it gets cold, there is another supervismg attorney that lmows how to do
thase. They can have contact with hun and maybe he can file it. He tried that route and he does
not have tune either.
Ms. Moermond stated she will eatend the date to December 7, but ifthe temperature drops below
zero, then the ori�inai vacate date becomes effective.
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MII3UTES OF TI� LEGISLATIVE HEAR.ING OF NOVEIvFBER 23, 2004 Page 11
Mr. DeStefazm asked what would happen if he has court papers by December 6. Ms. Moermond
responded she would extend the vacate daie. T'he condemnation may be lifted at that time.
Mr. DeStefano asked could he give her the court papers dffectly. Ms. Moermond responded that
would be nice.
Ms. Moermond cautioned the owner to appropriaYely use space heaters. She has seen homes
blow up m these lands of situaiions. She urged the tenant ta be careful when usiug stoves and
space heaters. Mr. DeStefano responded tbat he knows he can take care of this. It is just the
tim�g that is a problem.
(Ms. Moermond's recommendation is forthcoming.)
Appeal of Notice to Revoke the Registration Certificate at 478 Thomas Avenue.
(No one appeared to represent the property.)
Ms. Moermond recommends denying the appeal on the notice dated November 19, 2004.
The hearing was adjourned at 12:22 p.m
�7