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04-116�f%G� Y11�� - ��/ . ��4lJ� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 WF3EREAS, 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-story, wood frame, single family dwelling located on property hereinafter referred to as 4 the "Subject Property" and commonly known as 598 Western Avenue North. This property is legally 5 described as follows, to wit: North 1/2 of the North 1/2 of Lots 6 and 7, Block 8, Warren & Rice's addition to Saint Paul, Except the East 26.66 feet thereof. 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 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvement on or before July 23, 2003, the following are the now lrnown interested or responsible parties for the Subject Property: Dorothy L. Cox, 598 Westem Avenue, St. Paul, MN 55103-1670; Oprion One Mortgage Corp., Attn: Tim Cardona, 6501 Irvine Center Drive, Irvine, CA 92618, Mail Stop: DB - AM; WEBCO Security, Inc., Attn: Casey M. Springer, Collections Mgr., 1557 Coon Rapids Blvd., #201, Coon Rapids, MN 55433; Usset & Wiengarden, Attn: Gwen Leder,4500 Park Glen Road, #310,St. Louis Park, MN 55146 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 November 18, 2003; and WHEREAS, this arder informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WfIEREAS, this arder informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by December 18, 2003; and WHEREAS, the enfarcement 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 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 haue been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislarive Code, of the time, date, place and purpose of the public hearings; and Council File # ��- ��Y Green Sheet # �`�-' � ��O yy AA-ADA-EEO Employer (�,-\��u 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, January 27, 2004 to hear testunony and evidence, and after receiving testimony and 3 evidence, made the recommendarion to approve the request to order the interested or responsible parties to 4 make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and 5 remove its blighting influence on the community by rehabilitating this structure in accordance with all 6 applicable codes and ordinances, or in the alternarive by demolishing and removing the shucture in 7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be 8 completed within days after the date of the Council Hearing; and 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 WI�REAS, a hearing was held before the Saint Paul City Council on Wednesday, February 4, 2004 and the testimony and evidence including the acrion taken by the Legislative Hearing Officer was considered by the Council; now therefore BE TT RESOLVED, that based upon the testunony 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 598 Westem Avenue North: That the Subj ect Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � � � 8. 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 haue not been corrected. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Properiy which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitared 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 norification requirements of Chapter 45 haue 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 structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the shucture must be completed within � days after the date of the Council Hearing. /Bl� AA-ADA-EFA Employer a�� 1 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective acrion is not completed within this period of time Neighborhood Housing & Properiy Improvement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul 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 demolirion and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properiy is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properiy as provided by law. 4. It is fiuther 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. Requested by Department of: Benanav Mont4omerv Bostrom Thune Har Lan Hel Adop zadop By: Appr By: Yeas Navs ✓ ✓ ✓ Absent Nei hbor d Housin Pro ert Im rovement ✓ ,^ '� By: l� �✓ Form Approved by City Attorney AA-ADA-EEO Employer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet�� DepartmenUo�ce/council: Date initiated: cs -��o�s� 02-�,�� Green Sheet NO: 3009738 Contact Person & Phone: Mdy Dawkins 266-1927 Must Be on Council Agenda by (Date): 04-FEB-04 � Auign Number For Routing Order �eoartment sem�orerson mmavuace ; 0 ' i o rvi � i 1 �tizen Services ' De artment Director � 2 � o e � �� 3 i favo 's Otice biayodASSistant � 4 o ncil � � 5 i Clerk Citv Clerk � Totai # of Signature Pages _(Clip All Locations for Signature) Ciry Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Neighborhood Housing and Property Improvement is ordered to remove the building. The subject property is located at 598 Westem Avenue North. idations: Approve (A) or Reject (R): Planning Commission CIB Committee _ Civil Service Commission Personal Service Contracts ciuesnons: 1. Has this person/firm ever worked under a conVact for this department? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this persoNfirtn possess a skill not nortnally possessed by any current city employee? Yes No Expiain 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 , Legislarive Code. The owners, interested parties and responsible puties lmown to the Enforcement Officer were given an order to ; repau or remove the building at 598 Westem Avenue North by December 18, 2003, 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 taxes. Disadvantages H Not Approved: A nuisance condition cvill remain unabated in the City. This building(s) will continue to blight the community. T� 7D00 r�am"mg s«aee: Nuisance i-Iausing Fifvnciat FnEo�mation: ��mettf ��a�� castlRevenue sudgelea: Y aGivity N�anher: 332g1 t. � � � JaN o � zo�4 � ; _ ��. ,�� REPORT Date: January 27, 2004 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, AND ABATEMENT ASSESSMENTS Marcia Moermond Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the property at 690 Burr Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approval. 2. Resolution ordering the owner to remove or repair the property at 930 Duchess Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting 180 days to complete the rehabilitation of the properiy on the condition that the following is done by noon of February 4, 2004: 1) the building is entirely secured; 2) the windows are completely boazded with'h inch plywood; 3) the foundation is completely protected from entry; and 4) the sidewalk area is free from trip/fall hazards by use of fencing as appropriate. `� 3. Resolution ordering the owner to remove or repair the property at 598 Western Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting 180 days to complete the rehabilitation of the property on the condition that a bond has been posted by noon of February 4, 2004. 4. Appeal of Summary Abatement Order dated January 14, 2004, at 899 Palace Avenue. Legislative Hearing Officer recommends denying the appeal. 5. Appeal of Summary Abatement Order dated January 6, 2004, at 930 Duchess Street. L,egislative Hearing Officer recommends denying the appeal and granting an extension to February 6, 2004. 6. Appeal of Summary Abatement Order dated January 16, 2004, at 930 Duchess Street. Legislative Hearing Officer recommends denying the appeal and granting an extension to February 6, 2004. jab DNISION OF PROPERTY CODE ENFORCEMENT /f L/�� Andy Dmvkins, Program Manager v �� C �Y �F' Jt11t V 1 pf�� . Nuisance Building Code Enforcement Randy C. Ke!!y, Mayar 7600 Nonh White Bear Aversue Saint Paul, MN 55706 January 2, 2004 NOTICE OF PUBLIC HEARINGS Council President and Members ofthe City Council Te[: 651-266-1900 Fax: 651-266-1926 �� JA�v 0 7 2004 .. �� 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 removal of the nuisance building(s) located at: 598 Western Avenue North The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, January 27, 2004 City Council Hearing - Wednesday, February 4, 2004 The owners and responsible parties of record are: Name and I,ast Known Address Dorothy L. Cox 598 Westem Avenue St. Paul, NIN 55103-1670 Option One Mortgage Corp. Attn: Tim Cazdona 6501 Irvine Center Drive Irvine, CA 92618 WEBCO Security, Inc. ATtn_ Casey M. Sprin�er, Collections 3v1�. 1557 Coon Ragids Bivd., �201 CoonRagids, MN 5�433 Usset & Wiengarden Attn: Gwenl,eder 4500 Park Glen Road, #310 St.I.ouis Park, Iv1I�I 55146 Interest Fee Owner Mortgage Company Lien Holder AttyforMort3age Co. AA-ADA-F,FA £mployer o� �r� 598 Western Avenue North January 2, 2004 Page 2 The legal description of this property is: North 1/2 of the North 1/2 of I,ots 6 and 7, Biock 8, Warren & Rice's addition to Saint Paul, Except the East 26.66 feet thereof. Neighborhood Housing & Property Improvement has deciazed this building(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Housing & Property Improvement has issued an order to the then Irnown 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 biighting influence of this property. It is the recommendation of the Neighborhood Housing & Properiy 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 & Properry 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 tases. Sincerely, �r ii �. Steve Magner Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:mI ca Frank Berg, Building Inspection and Design Meghan Riley, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kapian, PED-Housing Division �r� AA-ADA-EEO Employer ��-�i� CITY OF SAII�]'f PAUL Randy C. Ke[Iy. bfay'or 7anuary 2, 2004 DNISION OF PROPERTY CODE ENFORCEMENT Andy Dawkins, Pragr¢m .+�fanager Nuisance Building Code Enforcement 1600 North White BearAvenue Tel: 65l-266-7900 Sain[Paul, MN 55/06 F¢<: 651-266-19?6 NOTICE OF PUBLIC HEARINGS To all Known Responsible and/or Interested Parties Dear Sir or Madam: The Saint Paul City Council and the Legislative Hearing Officer of the CiTy Council have scheduled public hearings to consider a Council Resolution ordering the repair or removal of the building(s) located at 598 �Vestern Avenue North. In accordance with the provisions of the Saint Paul Legislative Code Chapter 45, all owners of record and other interested parties with a Imown interest in this building(s) are hereby notified of these hearings. At these hearings testimony wil] be heard from the Neighborhood Housing & Property Improvement Enforcement Officer and any other parties who wish to be heard. The Council will adopt a resolution describing what action, if any, the Council deems appropriate. Please be advised the Public Hearing before the Legislative Hearing Officer is scheduled for: Tuesday, January 27, 2004, at 10:00 a.m. in Room 330, City Hall, 15 West Kellogg Boulevard, Saint Paui, MN 55106 The Legislative Hearing Officer will hear the evidence and make a recommendation for action to the fuli City Council: Wednesday, Februazy 4, 2004, at 5:30 p.m. in the City Council Chambers, 3rd Fioor, City Hatl, IS West Kellogg Boule��ard, Saint Paul, MN 55106 All costs incurred by the City, including inspection costs, administrative costs, title searches, filing fees and, if necessary, demolition and removal expenses, will be assessed against the real estate as a special assessment to be collected in the same manner as real estate taxes. If you have any questions conceming this matter please call the Vacant/Nuisance Buildings Code Enforcement Officer Steve 1�'Iagner at (651)266-1928, or you may leave a voice mail messaee. Sincerely, �� !�J . . � � i . Steve Magner Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:ml pA-ADA-EEO Employer �� LEGISLATIVE HEARING MINLTTES OF JANIJARY 27, 2004 �� Page 3 appeal of the condemnation order. In the photos aze scenes that merit condemnation and the inspector's action. There is another inspection later today at i p.m. Ms. Moermond stated that unless she receives a call back from the inspector that today's inspection looks like a fifty percent (50%) improvement over what it looked like in December, 2003, she will recommend to the City Council that they deny the appeal. Officially, she recommends a condemnation today with a vacate order for Friday, February 6, 2004. The placard can be lifted if the inspector sees an improvement of fifty percent (50%) or better. Ms. Moermond recommends denying the appeal. Appeal of Summary Abatement Order at 899 Palace Avenue. Ms. Moermond reported that 899 Palace has been cleaned-up. The appeal of the Summary Abatement Order is mute. No action is necessary. The appeal is officialiy denied. Ms. Moermond recommends denying the appeal. (Discussion ensued with the owner regazding the short timing of notifications.) � Resolution ordering the owner to remove or repair the property at 598 Western Avenue North. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Steve Magner submitted photographs. Mr. Magner presented a staff report. This is a 2-story wood frame single-family dwelling on a lot of 2,614 square feet. The building was condemned on July 16, 2003 by Code Enforcement and has been vacant since that date. The owner on record with Ramsey County is Dorothy L. Cox. There have been four (4) Summary Abatements issued to secure the building, cut tall grass and weeds and remove/clean refuse. On November 6, 2003, an inspection was conducted. A list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An Order to Abate Nuisance Building was issued on November 18, 2003 with a compliance date of December 18, 2003. As of today, the properry remains in the condition which comprises a `huisance" as defined by the Legislative Code, Chapter 45. The City has had to board this building to secure against trespass. Vacant building registration fees have been paid; taxes aze paid in full. Taxation esrimated mazket value of the land at $11,800; $42,100 on the building. On January 21, 2004, a code compiiance inspection was completed. As of January 27, 2004, the City has not been notified of a bond having been posted. Code Enforcement estimates demolition to this structure between $6,000 and $7,000, and repairs between $60,000 and $70,000. A recent development to this properiy was that Mr. Magner received a phone cail from the new owners, Lori Athias and David Youmans. Today Mr. Youmans came into the office and registered the building in his name, and Mr. Magner advised them to go down and post a bond. They have obtained a code compliance inspection and they obtained the properiy through a ��- � \I, LEGISLATIVE HEAI2ING MINiJTES OF JANUARY 27, 2004 Page 4 transaction with Ms. Cox, and are in the process of cleaning out the bnilding. Mr. Magner suspects that they are looking for 180 days to bring the properiy into compliance. Ms. Moermond asked if they had a purchase agreement for the properiy. Ms. Athias responded that they have purchased the properry. Ms. Moermond reviewed the photographs that were taken at the time of inspection in July 2003. Ms. Athias expiained that everything has been removed from the building, a$2,000 bond will be posted today, and they are ready to begin the rehabilitation. Ms. Moermond asked if they had done this kind of thing before. Ms. Athias responded that they have rehabbed 695 Charles, 650 Central, 793 Seiby, 713 Aurora, etc. They aze professional rehabbers, licensed realtors, brokers, and contractors. They did not own the property when there were a number of summary abatement orders on it. Mr. Magner added that the new owners need to maintain the exterior of the property. The building needs to remain secure; the walks need to be taken care of today; and the yard needs to be cleaned. Ms. Moermond added that the oniy thing that can change her recommendation is if all of this stuff isn't taken care of by noon, February 4, 2004. Ms. Moermond recommends 180 days to complete the rehabilitation of the property on the condition that a bond has been posted by noon February 4, 2004. Appeal of Summary Abatement Orders dated January 6, 2004 and January 16, 2004 at 930 Duchess Street. Mr. Magner submitted photographs of the site. Ms. Moermond asked Gary Torgerson if he had puiled buiiding permits. He replied that he did. Mr. Magner stated that currently there is a new bond on the property. These two orders are intertwined. In October 2002, Code Enforcement opened a registered category 3 vacant buiiding due to the conditions of the dwelling. At that time, Barbara Anderson and Gregory Howazd were Iisted as owners. Summary Abatements were issued to get it secured. In December 2002, Code Enforcement received a vacant buiiding registration form and the vacant buiiding fees were paid, indicating that Mr. Howazd had plans to rehabilitate the properiy. The property changed ownership. His assumption is that David Johnson pwchased the property, turned right azound and soid it to Mr. Torgerson on a contract-for-deed. A code compliance inspection had been performed in December 2002. Then a performance bond was posted in March 2003 and work commenced. SubsequenYly, the permiYs were puiled and work begaa. Code Enforcement issued some Summary Abatement Orders to clean-up some refuse and deal with vehicies. After the one-yeaz time period expired (September 16) and the work had not been completed, Code Enforcement started the Building Deficiency Inspection Program and issued an order to abate. Mr. Torgerson obtained a new bond on December 27, 2003. Mr. Magner called Mr. Torgerson and issued Summary Abatement Orders about keeping the property secure on the site. As you