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04-399�r��o�o RESOLUTION SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 3l 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-story, wood frame, single fanuly dwelling and the detached, one-stall, wood frame, 4 metal garage located on property hereinafter referred to as the °Subject Property" and commonly known 5 as 785 Butternut Avenue. This properiy is legally described as follows, to wit: 7 Lot 27, Block 2, River Side Addition to St. Paul, Minn. 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information 10 obtained by Neighborhood Housing & Property Improvement on or before September 18, 2003, the 11 following are the now known interested or responsible parties for the Subject Property: Rita Rodriguez, 12 785 Butternut Avenue, St. Paul, MN 55102-4104;Estate of Rita Rodriguez,clo Melanie Engh Liska, Esq. 13 Tarrant, Drummer & Liska, PLLC,1539 Grand Avenue, St. Paul, MN 55105-2229; United States Dept. 14 of Housing and Urban Development, 220 South Second Sh'eet, Minneapolis, MN 55401; Vincent 15 Rodriguez, 781 Pierce Butler Route, St. Paul, MN 55104; Cristine Edgell, 1156 - 7` Avenue South, S. 16 17 18 19 20 21 22 23 24 25 2E 2"' 28 29 30 31 32 33 34 35 36 37 St. Paul, MN 55075 WHEREAS, Neighbarhood Housing & Property Improvement has served in accordance with the provisions of Cha�ter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated February 9, 2004; and WHEREAS, this order informed the then known interested or responsible parties that the shucture located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by February 24, 2004; and WFIEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subj ect 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 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 Council File # ' 7� • Green Sheet # �v � � S3 � AA-ADA-EEO Employer 319 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Council on Tuesday, March 23, 2004 to hear testimony and evidence, and after receiving testimony and evidence, made the recomnnendation 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 community by rehabilitating this structure 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 demolirion of the struchue to be completed within �'.=�ff.�.=^ �,�� days after the date of the Council Hearing; and /�// WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, Apri17, 2004 and the testimony and evidence including the action taken by the Legislative Hearing Officer was cansidered 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 Properiy at 785 Buttemut Avenue: That the Subject Property comprises a nuisance condition as defined in Saant Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand doliars ($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 Pmperty which declares it to be a nuisance condition subject to demolition. That this building has been routinely 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 notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The abovexeferenced 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 rehabilitaring 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 shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed �x��+h;+ f,ftPP .�i 5� �ays after the date of the Council Hearing. /�d AA-ADA-EEO Employer 2 3 4 5 6 7 8 9 10 11 12 13 14 2. If the above corrective action is not completed within this period of time Neighborhood Housing & Properry 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 L,egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fixtures of any kind which interfere with the demolition and removal shall be removed from the properiy 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 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 accardance with Chapter 45 of the Saint Paul Legislative Code. Yeas Navs Absent Benanav � Montaomerv �/' Bostrom � Thune , Hax Lan Hel Adop Adop By: Appr sy: Requested by Department of: Nei hb hood Housin Pro ert Im rovement By: ) �`/� AA-ADA-EFA Employer Form Approved by City Attorney DeparhnenUo�ce/council: Dateinitiated: Gi Shee� NO 3012535 njH NeighborhoodHousing/Property 27-FEB-04 Contact Person 8. Phone: Denartme�t Sent To Person InitiaVDate Andy Dawkins � 0 ei hb hood usin er ��� /9 266-�9Z� ASSign 1 ei hborhoodHousin ro er De artmentDirector ���TI Must Be on Council qgenda by (Date): Number 2 o ne �. 0'� 07-APR-04 `� For � RoUting 3 s or's OfCce M or Assis[ant Order 4 u ci1 5 ' Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: City Council to pass this resolurion which will ordex the owner(s) to remove or repau the xeferenced build'mg(s). If the owner faffs to comply with the resolurion, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 785 Buttemnut Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contract for this departmenC? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? � Yes No 3. Does this person/firm possess a skill not normally possessed by any currentcity employee?� Yes No Explain ail yes answers on separete sheet and atWch to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Tlus building(s) is a nuisance building(s) as deFmed in Chapter 45 and a vacant building as defined in Chapter 43 of the Sairn Paul Legislative Code. The owners, interested parties and responsible parties lrnown to the Enforcement Officer were given an order to repau or remove the building at 785 Butternut Aeenue by February 24, 2004, and have failed to comply with those orders. AdvanWges If Approved: ,� The Ciry will eliminate a nuisance. DisadvantageslfApproved: 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. Disadvantages If Not Approved: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. .� Total Amount of Trensaction: $000 CosURevenue Budgeted: Y _ � � � Fundins�source: Nuisance Housing �, ., ,�.ctivityNumber. 30251 Aeateme�t ���..: �o�,.>;.�� ��„§�� MAR p 5 20n4 Fi nancial Information: � , � a (ExPlain) � !{ g � 1 �A� 6 A�� 6 A„lf���l�� �°?� L 17' �' '�C 1 Date: May 11, 2004 Tnne 10:00 a.m. Place: Room 330 City Hall 15 Kellogg Boulevard West LEGISLAT'IVE HEARING FOR ORDERS TO REMOVE/REPAII2, CONDEMNATIONS, AND ABATENfENT ASSES5MENTS Marcia Moermond Legis(ative Heazing Officer 1. Resolution ordering the owner to remove or repair the building(s) at 271 Maria Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (Laid over from 4-27-04) Legislative Hearing Officer recommends 180 days to rehabilitate the property on condition that a time line and a rehabilitation plan is provided by noon of May 26, 2004. � 2. Resolution ordering the owner to remove or reQair the huilding(s) at 785 Butternut Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building{s). (Laid over from 4-27-04) Legislative Heazing Officer recommends granting 180 days to complete the rehabilitation on the property. 3. Appeal of Summary Abatement Order at 1854 Benson Avenue; owner: Janet M. Pelzel. (Laid over from 4-27-04) Legislative Heazing O�cer recommends denying the appeal and making the effective date May 1 l, 2004. 4. J0309A Laid Over Summary Abatement for Property Cleanup at 1819 Sheridan Avenue. (City Council referred back to the Legislative Hearing Officer. Also see assessment in Item 5.) Legislative Hearing Officer recommends deleting the assessment. 5. Summary Abatements: J0401A Property cleanup during January and February 2004; J0401V Towing of abandoned vehicles fram private property during August through November 2003; J0401B Boarding-up of vacant buildings during January and February 2004. 1120 Payne Avenue (J0401 V) Legislative Hearing Officer recommends laying over to the May 25 Legislative Hearing and the May 26 City Council Meeting. DNISION OF PROPERTY CODE ENFORCEMENT C ll l �r' S�rPAVL NuisarsceBuildingCodeEnjorcemen[ Randy C. Kelly, Mayor 7600 Narth White Bear Avenue Tel: 651-266-l900 Saint Pav[, MN 55106 Faz:fiSl-266-1926 February 27, 2004 NOTICE OF PUBLIC HEARIl�'GS Council President and Members of the City Council Neighborhood Housing & Property Improvement , Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearin�s to consider a resolution ordering the repair or removal.of the nuisance building(s) located at: 785 Butternut Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, March 23, 2004 City Council Hearing - Wednesday, April 7, 2004 The owners and responsible parties of record are: Name and Last Known Address Rita Rodria ez 785 Buttemut Avenue St. Paul, MN 55102-4104 Estate ofRita Fodriwez c/o Melanie Engh Liska, Esq. Tarrant, Drummer & Liska, PLLC 1539 Grand Avenue St. Paul, MN 55105-2229 United States Dept. of Housing and Urban Development 220 Soutfi Second Street ?vi��olis IvL+� >�Ol ..;�..� : . .:. • � � • ,_. :,.�,. . .z- � .�. . � Cristme Fdgeli 1156 - 7�' Avenue South S. St Paul, NIN 55075 Interest Fee Owner Attomey for Estate of Fee Owner Mortgage Company . . s -3i�-� Daughter of Fee Qwner AA-ADA-EEO Employer 785 Butternut Avenue February 27, 2004 Page 2 The legal description of this property is: Lot 27, Block 2, River Side Addition to St. Paul, Minn. Neighborhood Housin� & Property Improvement has declared 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 lmown responsible parties to eliminate this nuisance condition by correctin� the deficiencies or by razin� 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 blighting influence of this property. It is the recommendation of the Nei;hborhood 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, �✓ ii � i Steve Magner Vacant Bu:ldings Super�isor Neighborh��od Aousing & Properry Improvement SM:ml cc: Frank Berg, Buildin� Inspection and Design Me�an Riley, City Attorneys Office MaryErickson, Assistant Secretary to the Council Lauie Kaplan, PED-Housing Division cnn� AP.-ADA-EEO EmPiaY� LEGISLATIVE HEARIlVG, MARCH 23, 2004 785 Butternut Avenue Page 3 Ms. Moermond explained that this is an order to remove or repair and it could be stuck in I,egislative Hearings for a little bit longer than an abatement for $300 for doing a properry clean- up. The recommendation will be a lot more complicated because it is conditioned on a lot more types of things having been taken care of. Steve Magner reported that 785 Butternut is a two-story single family wood frame dwelling on a lot of 4,792 square feet. According to the file, this building was condemned on December 31, 2003, by Code Enforcement. It has been vacant since November 4, 2003. The current property owner is listed as Rita Rodriguez. Ms. Rodriguez is deceased and her estate has retained an attomey to handle the probate. There have been three (3) Summary Abatement Notices issued to remove snow from walk, secure vehicle doors on the garage and remove rubbish from the yard. On February 5, 2004, an inspection of the building was conducted. A list of deficiencies which constitutes a nuisance condition was developed and photographs were taken. An Order to Abate nuisance building was issued on February 9, 2004, with a compliance date of February 24, 2004. As of this date, the property remains in the condition which comprises a nuisance as defined by the Legislative Code. The City has had to secure this buiiding against trespass. The vacant building fees haue been paid. Real estate taxes are paid in full. TaYation lists a market value of $24,400 on land and $69,400 on the building. On March 9, 2004, Code Compliance Inspection fee was paid, but as of this morning, the Code Compiiance Inspection Report has not yet been received. As of Mazch 23, 2004, a bond has not been posted with Building Inspection. Cost of repairs of the shucture is estimated between $70,000 and $80,000. Demolition cost is estimated between $7,000 and $8,000. The Deparhnent of Neighborhood Housing & Property Improvement is submitting a resolution to repair or remove the building within fifteen (15) days. Ms. Moermond asked if the out building (garage) is also subject to demolition. Mr. Magner answered that it is. Ms. Moermond asked the children of Ms. Rodriguez about their plans. Ms. Liska, attorney representing Ms. Rodriguez' children, noted that they had received the Code Compliance Inspection Report last Friday, March 19, 2004. Ms. Moermond asked if they brought it along. They had not, so Ms. Moermond asked Ms. Birkholz to call the department and have the report fased over while the hearing was in progress. Ms. Liska stated that her ciients have shown the properiy to potential investors, and have also inquired about obtaining a mortgage or some sort of funding in order to do the repairs themselves. She explained that Ramsey County has a medical assistance lien against the property, although they haue not filed a formal claim. The amount has been informally communicated, but has not been filed in probate court, so it cannot be relied upon it until it has been filed. This greatly impacts how her clients proceed. Ms. Moermond inquired whether this property was owned outright, had a mortgage, or just the lien. Ms. Liska responded that there was just the lien, and that the informal amount of the lien is around $24,000. Ms. Moermond asked when the three (3) Summary Abatement Notices and a boarding took place. Mr. Magner responded that those all occurred during the course of the current Vacant LEGISLATIVE HEARING, MARCH 23, 2004 Page 4 Building file. The boarding occurred on November 5, 2003. The building was condemned on December 31, 2003. Ms. Moermond scanned the Code Compliance Inspection Report that was fa�ced from LIEP. One of the children clarified that the house was not boarded up. There was just a vacant building notice put up. Ms. Moermond explained that "boarding up to secure against lrespass" often means a door or window getting a boazd on it. Mr. Magner further explained that after the incident with the gentleman who was occupying the dwelling was found dead, a coroner had been called and the City would have been called to secure the building. This is lrnown as"an emergency boarding." Mr. Magner added that he thinks in this case, the City didn't actually do a boazding because someone found the keys. Ms. Liska stated that one (1) Snow Removal Abatement had been sent out, and Vincent Rodreguiz took care of it immediately. He owns his own snow removal company. It was not an ongoing problem. Mr. Magner reported that according to the Code Compliance Report, the dwelling will need extensive work, and the gravity of structural repairs won't be entirely realized until you actually get into the work. Most people underestimate the amount of work and money iYs going to take to rehab, especially if the building is very old. If someone had the capital to bring in the trades people to do it and the where-with-all to get the other items in there, he thinks this building could be saued. With everything that needs to be done, six (6) months may not be enough time to do it correctly. For someone whds not experienced, it may take a whole year. Mr. Magner reported that a letter had been received from Roger Edmundson, Vice President of commercial lending, at the American Bank on University Avenue, identifying Judy L. Nelson as a person in the process of being approved for a loan of $60,000 to rehab this dwelling. Mr. Rodreguiz stated that they have been calling and interviewing contractors, determining what experience they have doing extensive rehab work. EMK is one of those contractors. Mr. Magner reported that he had a conversation with Barb, who asked if he laiows a couple contractors, to which he indicated that the City has had working experience with EMK Investments. They are currently handling a properiy that was in front of Ms. Moermond approximately three (3) months ago. They have done a nuxnber of properties in the same condition and, perhaps, worse. He added that this building can be saued. It is a matter of having the money, the time and the ability to do it. Ms. Moermond asked how long probate on this property would take. Ms. Liska responded that Ramsey County should be able to provide her with a formal claim in about 1%z weeks. They could be ready for a sale in one (1) month. Ms. Moermond recommends a layover to the next Legislarive Hearing on April 13, 2004 (City Council agenda on Apri128, 2004). REPORT Date: Mazch 23, 2004 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIIt, CONDEMNATIONS, AND ABATEMENT ASSESSMENTS Mazcia Moermond Legislative Hearing Officer 1. Laid over Summary Abatements from 3-09-04: J03TRASH4Q Providing weekly garbage hauling service at 1139 Beech Street J0309A Properiy clean-up at 686 5ims Avenue 1139 Beech Street Legislative Hearing Officer recommends spreading the payment of the assessment over a three- year period. 686 Sims Avenue Legislative Hearing Officer recommends denial of the appeal. 2. Appeal of Summary Abatement Order at 1058 Margaret Street (Appeal was withdrawn.) 3. Resolution ordering the owner to remove or repair the building(s) at 785 Butternut Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). Legislative Hearing Officer recommends ]ayover to the Apri] 13, 2004 Legislative Hearing. 4. Summary Abatement J0309A 1598 Hazel5treet North (Note: The Legislative Heazing Officer recommended approval at the Mazch 9 hearing, as no one appeazed to represent the property.) Legislative Heazing Officer recommends layover to the April 13, 2004 I,egislative Hearing. jab ��� � REVISED �� ��� �� Date: April 13, 2004 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE I3EARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, AND ABATEMENT ASSESSMENTS Marcia Moermond Legislative Heazing Officer 1. Laid over Summary Abatements: J03T4QB Providing weekly garbage hauling service for the fourth quarter of 2003 for 1304 Galtier Street J0309A1 Property clean-up during December 2003 for 914 Concordia Avenue and 1335 Summit Avenue 1304 Galtier Street Legislative Hearing Officer recommends spreading the payment of the assessment over a five- yeaz period. 914 Concordia Avenue (Legislative Hearing Officer's recommendation is forthcoming.) 1335 Summit Avenue Legislative Hearing Officer recommends laying over to tl�e Apri127 Legislative Hearing and the Apri128 City Council Meeting. 2. Summary Abatement J0309A Property clean-up at 1598 Hazel Street NoMh. (Laid overfrom 3-23-04) Note: This assessment was ratified by the City Council on March 24, 2004. Legislative Heazing O�cer recommends approval of the assessment. 3. J0309A Property clean-up at 827 Van Buren Avenue. (Note: The City Council referred this assessment back to the Legislative Heazing Officer.) Legisiative Hearing Officer recommends deleting the assessment. � 4. Resolution ordering the owner to remove or repair the building(s) at 785 Butternut Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). (Iaid over from 3-23-04) Legislative Heazing Officer recommends layover to the Apri127, 2004 Legislative Aearing. 5. Resolution ordering the owner to remove or repair the property at 1956 Feronia Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). Legislative Heazing Officer recommends layover to the Apri127, 2004 Legislative Hearing. ou ��i 6. Resolution ordering the owner to remove or repair the property at 635 Western Avenue. If the owner fails to comply with the resoturion, Code Enforcement is ordered to remove the building(s). Legislative Hearing Officer recommends layover to the June 8, 2004 Legislative Hearing. Summary Abatements: J0304V . Towing of abandoned vehicles from private property during May, June, July 2003. 1131 Marearet Street Legislative Hearing Officer recommends deleting the assessment. 1595 Van Buren Avenue Legislafive Hearing Officer recommends approval of the assessment. 935 Arcade Street Legislative Hearing Officer recommends the previous owner pay the assessment in full. 1659 Seventh Street East Legistative Hearing Officer recommends approval of the assessment. 473 Van Buren Avenue Legislative Hearing Officer recommends approval of the assessment. 1039 Wakefield Avenue Legislative Hearing O�cer recommends approval of the assessment. 367 Geranium Avenue East Legislative Hearing Officer recammends laying over to the April 27 Legislative Hearing and the April 28 City Council Meeting. S l8 Ohio Street Legislative Hearing Officer recommends laying over to the Apri127 Legislative Hearing and the April 28 City Council Meeting. 1843 Stillwater Avenue Legisiative Hearing Officer recommends laying over to the April 27 Legislative Hearing and the Apri128 City Council Meeting. 1160 Minnehaha Avenue East Legislative Heazing Officer recommends laying over to the Apri127 Legislative Aearing and the Apri128 City Council Meeting. jab, rrn o���� _ =-�M�� MINiJTES OF THE LEGiSLATIVE HEARING ORDERS TO REMOVE/REPAIIt, CONDEMNATIONS, AND ABATEMENT ASSESSMENTS Tuesday, May 11, 2004 Room 330 CityHall, IS Keliogg Boulevard West Mazcia Moermond, I,egislative Hearing Officer The hearing was called to order at 10:02 a.m. STAFF PRESENT: Steve Magner, Neighborhood Fiousing and Property Improvement (NF3Pn; Steve Rice, Planning and Economic Development Harold Robinson, NHPI Note: All of the properties today wili be before the City Council for ratificarion on May 26. The following addresses were laid over to the May 25 Legisla6ve Hearing because files were not available for these properties or the owners requested a layover. 1063 Dale Street North 949 Sherbume Avenue (J0401A), 932 Iroquois Avenue (J0401A), 515 York Avenue (J0401 V), 1591 Tavlor Avenue (J0401 A), 1120 Pa�ne Avenue (J0401 V), 911 Wilson Avenue (J0401�, 233 Sherburne Avenue (J0401� Resolution ordering the owner to remove or repair the building(s) at 271 Maria Avenue. If the o�vner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (Laid over from 4-27-04) Raymond Hessler appeared and stated the HPC (Historic Preservation Commission) just got back to him on Friday. At the previous legislative hearing, Ms. Moermond wanted Mr. Hessler to pay the property taaces, pay the performance bond, and provide a financial plan. Mr. Hessler has paid the taxes, posted the bond, and will be bankrolling the project himself with backup money from East Bank. As for the coxicrete plan Ms. Moermond asked for, he had to find out the HPC's guidelines first. He plans to start on the roof and soffits. He has companies ready to start on the plumbing and heating. He has his own crew that will do a lot of the cosmetics. Ms. Moermond stated she will be looking for a time line for addressing each item on the Code Compliance Inspection List. Her recommendarion will be 180 days to complete the rehabilitation pian. She will get copies of his information. She would like the paperwork prior to the City Council meeting on May 26. Mr. Hessler asked does he need to be there on May 26. Ms. Moermond responded he does not have to be there if he has everything in. His councilmember is Kathy Lantry. Her concern is that this be undertaken and completed as quickly as possible, and it sounds like Mr. Hessler is pianning to do that Ms. Magner recommends 180 days to complete the rehabilitation of the properiy on condition that a time line and a rehabilitation plan is provided to her by noon of May 26, 2004. (Mr. Hessler left paperwork with Ms. Moermond.) MINUTES OF THE LEGISLATIVE HEARING OF MAY 11, 2Q04 ��eM� Page 2 � Resolution ordering the owner to remove or repair the building(s) at 785 Butternut Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (Laid over from 4-27-04) Mazcia Moermond stated that Councilmember Thune heazd from the dishict council and they wanted a layover longer than what was discussed at the last legislative hearing. Matt Kustritz, 500 Grand Hill, appeazed and stated he has a rehabilitation plan and photographs. (He explained his documents to Ms. Moermond.) Ms. Moermond stated she will provide the district council a copy of the rehabilitation plan. Looking at it quickly, it is exactly what the City needs. Mr. Magner added that he has a copy of the plan. Ms. Moermond recommends granting 1$0 days to complete the rehabilitation on the property. (Mr. Kustritz submitted the photographs.) Appeal of Summary Abatement Order at 1854 Benson Avenue; owner: Janet M. Pelzel. (Laid over from 4-27-04) Janet Pelzel, owner, appeazed. Since the last legisiative hearing, re�orted Steve Magner, he looked at the site and the garage is a dilapidated structure and in peril of collapse. He agrees with the inspector that they need an abatement order to remove it. Mr. Magner sent bids to tl�e purchasing department. He is still waiting for bids to remove the garage and associated lean-to. Marcia Moermond asked has the owner looked into additional information for costs. Ms. Pelzel responded a 40 yard dumpster would be around $600. She does not know if they come bigger. Mr. Magner responded 40 is the largest they generally come. Ms. Moermond stated this is the owner's judgement cali about how she wants to proceed. The shucture is unstable. To knock it down, the owner would hopefully get safety training and equiprnent. The City doing it would cost a maximum of $3,000. Ms. Peizel stated she went to get the permit and was told that she does not need safety training, but would need a permit. Ms. Moermond stated she wiil give two weeks for the owner to remove the garage or the City will take it down. If the City does it, it will become a bill first, Ms. Pelzel can choose to appeal the assessment, and Ms. Moermond can spread the payment over five yeazs. Ms. Moermond called Ms. Pelzel's insurance company and talked with the insurance agent, and there are no problems as long as Ms. Pelzel is dealing with the satuation that has arisen with the structure. Ms. Peizei stated she would like to make the decision now to let the City do it. l MINUTES OF THE LEGISLATNE HEARING OF MAY 11, 2004 Page 3 In that case, Ms Moermond recommends denying the appeal and making the effective date today (May 11) so that the paperwork can be processed to get the garage knocked down. J0309A2 Property cleanup at 1819 Sheridan Avenue. (City Council referred back to the I.egislative Hearing Officer) Jacob Bellinsky, 1813 Sheridan Avenue, appeared Haroid Robinson reported that there aze two abatement assessments for pubiic sidewalks, ice, and snow. One was February i, 2004, and the other was December 24, 2003. Ae has videotapes of both of them. Mr. Magner responded this was a dwelling the City abated for a substantial abatement process. The ownership is still listed as Scott A. Walz. The ajacent property owner 7acob Beliinsky has now purchased the property and he never received notice on the summary abatement because it was already mailed to Mr. Walz, who is missing. Ms. Moermond asked when the abatement occurred. Mr. Bellinsky responded the quick-claim and warranty deeds were filled out on February 18 and filed on March 24. He shoveled the walk himself during the yeaz. One time he shoveled it, it snowed again, and a neighbor complained on it. He spent $13,000 for the back taxes and $8,500 for the demolition of the house. He has no more money to put into this property. He wanted to see if there was any way to delete or negotiate the last two assessments. He is mowing the lawn, hauling away garbage, trimming trees, and starting to make it look nice for the community. Mr. Robinson reported one order was sent out January 28, 2004, by the Citizen Service Office. The inspector went there on January 30, went back on February 5, and then sent the work order. The other assessment was done on December 24, 2003, the letter went out on December 18, and the inspector went out on December 22. Ms. Moermond recommends deleting both assessments. When the deed search was done, these assessments did not show up as pending, and Mr. Bellinsky did not receive proper notification of the second assessment because the properiy was not changed into his name. (The other assessment that was deleted is under the next item.) Summary Abatements: J0401A Property cleanup during January and February 2004; d0401 V Towing of abandoned vehicles from private property during August throngh November 2003; J0401S Boarding-up of vacant buildings during 3anuary and February 2004. 911 Wilson Avenue (70401� Per the owner's request prior to the meeting, Marcia Moermond recommends laying over to the May 25 L,egislative Hearing. MINUTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 4 1120 Pavne Avenue (J0401� Per the owner's request prior to the meeting, Mazcia Moermond recommends laying over to the May 25 Legislative Hearing. 1819 Sheridan Avenue (J0401A) (See laid over assessment for the same address on the previous page.) Marcia Moermond recommends deleting the assessment. 1063 Dale Street North (J0401A) San T. Vo, owner, appeared. Marcia Moermond recommends laying over to the May 25 Legislative Hearing as the file was not available for this address. 949 Sherburne Avenue (J0401A) Steve Itice provided English-Spanish interpretation for this property. Jaime Garcia, owner, appeared. Ms. Moermond recommends laying over to the May 25 Legisiative Hearing as the file was not available on this properiy. 932 Iroquois Avenue (30401A) Duane Renville, owner, appeared. Ms. Moermond recommends laying over to the May 25 Legislative Hearing as the file was not available on this property. 515 York Avenue (J0401 V) Cherf Pao Thao, owner, appeared. Ms. Moermond recommends laying over to the May 25 Legislative Hearing as the file was not availabie on this property. 1591 Tavlor Avneue (J0401A) George Oxford, owner, appeared. MINiJTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 5 Ms. Moermond recommends laying over to the May 25 Legislative Hearing as the file was not available on this properry. 1054 Arkwrieht Street (70401A) Nancy, owner's daughter, appeared and stated the family did not own the property until February 5, which was the day of the closing. Ms. Moermond recommends deleting the assessment as the present owner did not receive proper notice. T3ris is a snow and ice situation. Orders were mailed on February 5, and the work was done February 14. 971 Aurora Avenue (J0401A) Marcia Moermond explained that this is discazded fumiture on the property. Lewis Berry, owner, appeared and responded it was not on the property; it was in the alleyway beside the gazage. Tke police called it in. This fumiture was dumped. (A videotape was shown.) When it is close to the garage, asked Ms. Moermond, is it considered the public right-of-way or private property. Steve Magner responded it is not a ciear defmition, but his office handles it as foliows: if the item is in the physical right-of-way of the a11ey, center or edge of the blacktop that has been oiled or paved by the city, then it is the responsibility of the City to remove the item. If the item is abutting the surface, such as up against the garage, or the nonoiled or paved azea between a structure and the paved or oiled right-of-way itself, then it is the responsibility of the adjacent property owner. If it is a nonpaved or non oiled alley, then it becomes the mid line of the aliey right-of-way, and the adjacent property owner's responsibility. Ms. Moermond asked was is it a gravei or paved aliey. Mr. Berry responded it is paved. Mr. Magner explained that the inspector received a complaint and went there. The items were against tha gazage, and is the adjacent properiy owner's responsibility to remove it. Ms. Moermond asked were there phone calis, according to the files. Mr. Robinson responded no. Ms. Moermond stated she is looking at orders that the City mailed him to remove the fiuniture on December 15 and again the end of December. The work crew did the work at the end of January. She is suspicious now that he says it is the pubic right-of-way when he has been receiving orders in the mail to take care of this. She also sees there is a history of refuse violations at the property. This means the City has mailed orders in the past, and the owner has received them. � MINUTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 6 Mr. Berry stated he does not remember receiving any notice to that. Being an the back of his property, he did not think it was his responsibility to remove it because it was in the alley. He has garbage service. Ms. Moermond responded that the property technically extends to the middie of the a11ey and the City will maintain the right-of-way. Mr. Robinson responded that is correct. The inspector did nat think it was impeding traffic. Otherwise, Public Works will pick it up. Ms. Moermond asked how many refuse violarions in the past hvo years. Mr. Robinson responded a sunmzary abatement order was issued on February 27, 2003, and a work order was sent on March 11. Another order was issued on October 24, 2001. There were five hips out there from September 27 to October 27, 2000 for refuse. Ms. Moermond stated notices were sent out twice. She will knock $100 off. If he ever gets another notice and there are questions, he shouid call it in. If she sees it in here again, she will assume he knew and chose not to act responsibly. Nir. Berry responded he is legally blind. He had someone read papenvork for him. Mr. Moermond stated he should call in the future. There aze a lot of people that come in to legislative hearings who are disabied, English is a second language, etc., and they are taking care of their yard and being held zo community standards. The City would like to help him get the notices read. Ms. Moermond asked could there be a note in the file to make a phone call. Mr. Robinson responded that some inspectors call when they send a work order. This time of year, inspectors can get busy, but lv1r. Robinson will make a note of it. Ms. Moermond recommends reducing the assessment from a totai of $323 to $153 plus the $70 service fees for a total assessment of $223. 260 Baker Street East (d0A01� (No one appeared.) Ms. Moermond recommends approval of the assessment. 1695 Burns Avenue (J0401A) (No one appeared.) Ms. Moermond recommends approval ofthe assessment. 2134 BushAvenue (30401A) Marcia Moermond stated these are two separate assessments that are together far cleanups that were done on December 20, 2003 and February 6, 2004. MINLTTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 7 Eugene R. Smith, owner, appeared and stated he got back home the end of April from down south. He got the norice an the mail about this hearing and was told it was for snow and ice removal. He has had someone take caze of that for seven years, and Mr. Smith thought it was taken care of. The City sent him a notice on the second one. It was addressed as Occupant and the post office mazked it undeliverable and sent it back. So, Mr. Smith never got a notice. It is his responsibility to take caze of it, but the City is supposed to warn him ahead of time. Mr. Sxnith has documents to prove he was down south. Mr. Smith has documents from Xcel Energy that he is a seasonal customer. Harold Robinson reported a letter was returned on February 25 as not deliverable as addressed to Occupant. The Cirizen Service Office also wouid have sent a iettar out to Mr. Smith because he is listed in AMANDA (computer system). The occupancy letter came back as undeliverable; the post office obviously had forwarding for the other letters. It was mailed to Mr. Smith and to Occupant. Ms. Moermond stated staff is saying two notices were sent out on both occasions. One notice went in Mr. Smith's name at 2134 Bush, and the other went to "OccupanP' at 2134 Bush. The Occupant letter came back to the City, and the other did not come back. It looks like Mr. Smith received proper notice. Whether or not he is staying in his house, he is responsible for maintaining the sidewalk and mowing the lawn. Ms. Moermond recommends approval of the assessment citing the following: the owner is responsible for maintaining his property in a code compliance manner, notices were properly sent to the owner and he did not get them through no fault of the City. She asked would the owner like to pay the assessment over time. Mr. Smith responded he would pay it. Mr. Magner added that the owner could get a copy of the notice from the Cirizen Service Office, as these are computer generated letters. 733 Case Avenue (J0401 V) The following appeared: Chao Lee, owner, 13055 Riverdale Drive, Coon Rapids; Belinda Hogan, tenant. Mr. Lee said the vehicle belongs to his tenant. Back in September 2003, he and his wife spoke to Ms. Hogan about the vehicle. She explained that she was in the process of saving money to repair the vehicle. They talked about deducting $50 to $75 off her rent every month to get the vehicle running again. He did not want her to park it on the street, which is why it was in the back of the property, which he thought would prevent the vehicie from getting towed. The vehicle was on rocks in the back of the yazd. He is not sure when the vehicle was towed, bat sometime last yeaz when he was coilecting rent, she asked had he towed the vehicle. He said no and to call the police. He referred her to cali the police to report it stolen. One day he came to pick up rent, she gave him a letter about this hearing. On September 26, 2003, reported Mr. Robinson, there was a vehicle on the property with expired tabs that appeared inoperable or undriveable or missing parts. Also, the City issued a suinmary abatement for refuse and debris in the yard on the same day. The inspector went back for a MINUTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 8 reinspection on October 3, 2003 and everything was the same. A work order was sent to Parks and to the police deparhnent. The police towed the vehicle to the Impound I,ot for expired tabs and for appearing inoperable. Mail was sent to China Lee and Chao C. L,ee at 733 Case Avenue. Mr. Lee responded that is not his address. He asked where he can go to get his address changed. Mr. Robinson responded he needs to go to Ramsey County Tasation to get that changed. Mr. Lee stated he was having a problem with taxes and the tenants were not giving him notice. He was at Ramsey County about two months ago going over taaces with them and changing the address. In answer to quesrions, Mr. Lee responded this is a duplex on a comer lot located on a busy street. He goes there abouY once or twice a month. He does not haue a property manager. The previous year he had a downstairs tenant who took care of the lawn, eta Ms. Hogan suffers from MS and forgets things. There are times when she has given him money way over or way under what the rent is. He does not understand why Code Enfarcement (I�iHPI) would not knock on the door, get ahold of him some other way, or give it to the tenant. Ms. Moermond asked is this property registered under the Rental Registration Program. Mr. Lee responded yes. Mr. Magner stated the inspector may have picked up informaUon from the ownership posting at the front door per the ordinance. Ms, Moermond will like confirmation that this property is in the Rental Registration Program. (While Mr. Magner chacked to see if this property was registered, Ms. Moermond heard other appeals. Then, she came back to this address.) Ms. Moermond asked when he identified he had a problem with the real estate tases going to the wrong address. Mr. Lee responded he took a day off work to deal with it. He has owned this property for about three years. For the first yeaz, taxes were taken out of the mortgage so he didn't see them. In 2003 was when he got billed; it may have even been December 2003. Ms. Moerxnond stated the rental registration was in order. She is frustrated because it was his responsibility to teil the tas people where to find him. Ms. Moermond recommends reducing the assessment from a total of $615 to $135 plus the $70 service fees for a total assessment of $205. 745 Case Avenue (J0401� (No one appeared.) Ms. Moermond recommends approval of the assessment. MINUTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 9 1170 Conwa,�treet (J0401� (1Vo one appeared.) Ms. Moermond recommends approval of the assessment. 1459 Danforth Sh (J0401� Kenneth Johnson, 6980 27�' Street North, Oakdale, owner, appeared and stated his adult children live at the properry. He had a tenant—not one of his children—who abandoned a vehicle for about three months. He called the City of Saint Paul. He was toid that if he calls the police department and reports it abandoned, then he would not be responsible for it. Both cars were ticketed for abandonment and eapired tabs. Before a person can azgue their case before a traffic officer, it can take ten days. In the meanrime, both vehicles got towed. He went down the next day to the Impound Lot and was told he could junk it to the City. As for the other vehicle, he was told he could not do anything about it because it is not his car. He was told that as long as its junked to the City, he is okay. He went to the hearing officer who threw out the abandonment. He paid the tickets for expired tabs. Ms. Moermond stated they are looking at the towing and storage costs for $782.90. The City has to hold a vehicle for two weeks before they are auctioned or junked. Ms. Moermond would like to get paperwork from the Impound Lot to find out what is going on here. He can call any private company to do the towing after he gets a managers tow to have it removed. Mr. Magner added that he needs to cali the police department to have a police officer meet him at the site to tag the vehicle as a managers tow. If the police had a work order, then it can be towed, and the City would pay the contractor the towing. It sounds like the work order went out there before it got to that point. Mr. 7ohnson asked could Ms. Moermond take into consideration that he initiated this by calling. Ms. Moermond responded yes. (Ms. Moermond's recommendation is forthcoming.) 515 Desnover Avenue (J0401A) The following appeared: Arnold Olson, 3109 Stinson Boulevard NE, St. Anthony; and Shirley, his wife. Mr. Olson stated he has a problem with a tenant. She doesn't pay rent or she pays 1%10 of it. The Olsons have cleaned the azea a few times. They talked to Andy Dawkins {NI�n who said that the City wili be over to clean it up. Mr. Olson went over there the day before, and someone was warking on ii. There wasn't that much there. The Olsons probably don't do what they should, but they feel sorry for the tenants because a lot of them have financiai problems, which is the Olsons problem, too. They pay $54,000 in taxes. They were over there to clean it up and a couple of days later, he was in the hospital with a pacemaker. The woman living there said that they could not ask them to leave, but the inspector said that Mr. Olson can. MINUTES OF THE LEGISLATIVE HEt1RING OF MAY 11, 2004 Page 10 Mrs. Olson said that they talked to Mr. Dawkins on January 14, 2004, and he said they had until January 16 before the City would ciean it up. The Olsons removed some of the stuff themselves on January 14 and Jay (son) was coming with the truck on January 15, but that was when the City came to clean it up. Ms. Moermond responded that her paperwork has that orders were mailed to do the cleanup on December 1, and the cleanup was supposed to be done by 7anuary 2, 2004. It got checked on January 13, and the work was done by the CiTy on January 15. She is hearing the Oisons say that Andy Dawkins said the cleanup crew was going out on January 16_ Mr. Robinson reported tha# there is nothing in the file &om Mr. Dawkins. There is a note that Steve Schiller (NHPn talked to the owner on January 13 and the owner stated his intentions to call Mr. Dawkins. Mr. Scluiler went out on January 20, and it had been cieaned up by the City on January 15. Mr. Dawkins normal practice is.to talk to the inspector first. Ms. Moermond stated she needs to talk to Mr. Dawkins to see if he told them January 16. She is hesitant because it was two weeks after the deadline when they called the inspector. Mrs. Olson responded some of the items were put there after the deadline. Some things were taken away themseives. Ms. Moermond responded it is hard for the City inspector to know the old stuff from the new stuff. Mr. Robinson added that the City is at the properiy a lot. The inspector cannot make allowances for a bad tenant issue. Mr. Olson stated the tenant disconnected all the smoke detectors. Ms. Moermond asked is there a lease. Mrs. Olson responded it is verbaL Ms. Moermond responded he needs to consult with an attorney or a group such as Saint Paul Association of Responsible Landlords. "�'he owner has rights as well. It looks like the owner will owe the complete assessment. If Mr. Dawkins said Jannary 16, then she wiil knock some money off. Mr. Oison added that his family has been in that area for four generations. (Ms. Moermond's recommendation is forthcoming.) 1033 Aawthome Avenue East (J0401A) (No one appeared.) Ms. Moermond recommends approval of the assessment. 233 Sherbume Avenue (70401� (The owner could no longer wait.) Ms. Moermond recommends laying over to the May 25, 2004 Legislative Hearing. D4II�'UTES OF THE LEGISLATIVE HEt1RING OF MAY 11, 2004 Page 11 858 Jessamine Avenue East (J0401� Cher Vue, owner, appeared and stated he has a lazge family and has a hazd time putting food on the table. He requesYed that the assessment be reduced or he can make payments over the next rivo or three yeazs. This vehicle belonged to lus son. After the son purchased the vehicle, he found out his drivers license was not good anymore. That is why he did not register the car. It has been there for about a year. Mr. Vue asked what kind of car it was. Mr. Robinson responded a silver Mazda. Mazcia Moermond recommends spreading the assessment over a five-yeaz period due to financial hardship. Mr. Vue asked could more money be knocked off. Ms. Moermond responded that he will have to go to the City Council on May 26. 2171 Knapp Street (J0441A) Neil Dieterich, owner, appeared and stated he always removes his ice and snow. Then, the city comes by and plows Como Avenue. The snow plow tluows the snow off of Como Avenue onto his sidewaik. It freezes and he works on it some more. He has a long sidewalk, and it is busy. This is why he has had so many complaints over the year. He puts down salt and sand, and he cannot totally remove it. There was a big snowfall in the first of February, and there was little snow between then and when this properiy was inspected. He removed the snow on February 2 or 3, and it froze when the Cityplowed it. He goes through and removes everything he can remove, then he chops the ice, and gets it down to the sidewaik. He had removed everything on top. He has complained to Pnblic Works. He was toid it took 1%z hours to do so, but Mr. Dieterich was there and it did not take more than'/z hour. At $150 an hour, 1.5 hours is $225 and not $295. Mr. Robinson reported that one hour is $225. Ms. Moermond added that there is the $70 service fees for a total of $295. (A videotape was shown.) Ms. Moermond asked did he call the City to say he was working on it. Mr. Dieterich responded the City has told him in the past that he is legally obligated to remove as much as he can and put down salt and sand. He gets notices ali the time because of tkris problem. He does not want people to have a problem, and fail down. He works at at very hard. With the City continuing to plow snow onto his sidewalk, there are timits fo what he can do. He owns the front part and all the way up to as far as he can see. Ms. Moermond stated he was working on snow removal on February 2 or 3, orders were mailed on February 11, and the cleanup was on February 21. That is aimost three weeks between the initiai snow event and when the work crew came in. Mr. Dieterich responded he removed the snow fairly soon after it snowed. After that, the City plows the street and fills up the sidewalk entirely. He removed ali the snow he can remove and then puts down salt and sand. That was MINUTES OF THE LEGISLATIVE HEAIZING OF MAY 11, 2004 Page 12 his obligation. Then, he goes back and chops to get down to the pavement. He worked on that every night. If he gets down to the actuai pavement, then it is easier to get that snow off when the City plows Como Avenue onto his sidewa]k. There is no sun there, so it lasts until March or April. Ms. Moermond recommends reducing the assessment from a total of $295 to $130 plus the $70 service fees for a total assessment of $200. 811 Lafond Avenue (J0401� (No one appeared.) Ms. Moermond recommends approvai of the assessment. 1171 Lawson Avenue East (J0401V) (No one appeared.) Ms. Moermond recommends approval of the assessment. 988 Marshall Avenue (J0401A) (No one appeared.) Ms. Moermond recommends approval of the assessment. 1627 Marshall Avenue (J0401� Philip Varchenko, owner, appeared and stated this is about a car towed on December 4, 2003. The work order says it was a white car, but the car towed was a black Volvo. It did not haue plastic on the taillight nor a tnuilc lock. He has several vehicles, and received several correction notices. It eventually got towed. By the time the police showed up, it was towed for expired tabs, but that was not an issue in the correction order. Harold Robinson reported the original order issued was for two vehicles: a black unknown, FPZ 796, and a white car, OSSPYV. An impound order was issued for the unkuown car, white, FPZ 796. The police towed that vehicle, but it was cleazly brown. The police officer agreed with the inspector that it was inoperable and missing vital components. The only thing in question was the color of the car, which was snow covered. Ms. Moermond stated she will get the police report on this. It is the City's pracrice to give proper notice. Mr. Varchenko responded that he does admit he got the notices and he was correcting them as he could. He assumed that everything was in arder. When he got a copy of the work order, he found it was actually one month between the time the work order was issued and the car was towed. MINUTES OF THE LEGISLATIVE HEAIZING OF IvIAY 11, 2004 Page 13 (Ms. Moermond's recommendation is forthcoming.) 1120 McL,ean Avenue (J0401� The folIowing appeared: Terin and Deanna Meyers, owners. Mr. Myers stated he had a company van in his driveway. The company was being sold, and there was a court battle. For months, he did not know whose lruck it was. He paid to get the fuel filter changed, but he could never get it rumming over 30 miles per hour. Mrs. Meyers added that there was a restrainnig order issued to the ex-boss to stay away from the company and all employees, but Mr. Meyers was trying io get him to take the truck. Mr. Meyers stated he was laid off and did not have ihe money to get it towed. Mrs. Meyers added that a police officer told them that if there is an abandoned vehicle in the driveway that they do not own, they should call the police and that it never comes back to them. It will fall on the owner of the vehicle. Ms. Moermond asked if there is information about the police officer. Harold Robinson responded the case number is 03-257-671. The officer gave incorrect information. Ms. Moermond stated she wiil look into this fiuther. It appears the officer gave the wrong information; however, the officer is a representative of the City of Saint Paul and the City would have to accept the mistake. She will check with the police department and make sure the police officer has the conect informarion to provide other cifizens. (Ms. Moermond recommendation is forthcoming.) 994 Reaney Avenue (J0401A) Ying Yang, owner, appeared and stated he received the letter in the mail and wouid like to know what was taken out. Marcia Moermond responded it looks like the City shoveled the sidewalk. (A videotape was shown.) Ms. Moermond recommended approval of the assessment. 876 Rice Street (J0401A) Pavel Zakharov, 1691 Seventh Street East, owner, appeared and stated this is a rental. He would like to see the video#ape. The tenants said they took care of it. (A videotape was shown.) After looking at the videotape, Mr. Zakharov said "Alright." Ms. Moermond recommends approval of the assessment. MINIJTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 14 1261 Seventh Street East (J0401� The landlord appeared and stated he was in the process of evicting the tenant. If it didn't have expired tabs, he was told he couldn't tow it. Because of the eviction proceedings, he was careful of what he did at the property. Harold Robinson reported that on September 16, 2003, the summary abatement was issued: Lacks cnrrent license tabs, appeazs undriveable or inoperable, a black Chevrolet and a red Ford. One car was towed by the police deparhnent on September 30, 2003. The landlord said he called the police department to find out what he should do. Tabs were not expired on the red car. Mr. Robinson responded in the affuuiative. Ms. Moermond added that it was expired for more than three months at that point. Ms. Moermond recommends approval. She is not hearing anything that says she needs to decrease the assessment. 674 Fuller Avenue (J0401A, J0401B) The following appeared: Mercedes Henderson, owner, and Delores. Steve Magner reported this is a registered vacant building. That summary abaternent was mailed to Mercedes J. Henderson at 1095 Overlook Road, West Saint Paul. It was also sent to 674 Fuller Avenue. The inspection occurred on December 30 with the order mailed on December 31 with a compliance date of January 6, 2004. The inspector went out to the property on January 6. The house was secure and the garage was stIll open. A boarding order was issued to the contractor. The contractor went out on January 8 and secured the gazage. As for the sidewalk, a summary abatement was issued, it was mailed on December 31 with a compliance date of January 6. Tt was still icy when the inspector went back. Parks went out on January 7. Ms. Henderson said Delores is at school, and Ms. Henderson takes care of the properry. There was no boarding by the gazage. 'They were renovating it and it is not finished. The house is being sold. A new garage door was put there. They got a bill for $83.50. Ms. Moermond stated the door on the west side of the gazage was open to entry and needed to be secure. It was for $13.50 pius the service fees. It was minox. Ms. Henderson stated she is not aiways in that property. She works in Saint Paul, but lives in Mendota Heights. Delares said that she received notice at her address in Atlanta, Georgia. In answer to a question, Mr. Magner responded there was a vacant buiiding registration from Delores as the address of contact. His office added an Atlanta, Georgia address as of a couple MINUTES OF THE LEGISLATiVE HEARiNG OF MAY 11, 2004 Page 15 days ago. Delores responded it should have been prior to May because she received something in April. Ms. Henderson said Delores just came home this week. They don't know how the City got that address. Ms. Henderson does not need to look at the videotape, but she is bothered by the garage. It is not an alley. Ms. Moermond recommends the following: J0401B - approving the assessment 70401A - reducing the total assessment from $83.50 to $1 plus the $70 service fees for a totai assessment of $7L Having a building unsecured is a public nuisance, as people can get in there. When there is an open door, the City does send out a work crew. 808 Se1b�Avenue (70401A) Scott Bixby, 3030 Cazey Heights Drive, Maplewood, appeared and stated he brought the property on foreclosure on December 12, 2003. There is a six month redemption period, which ends on June 12. Legally, he cannot do much but maintain it and secure it until then. He just mowed the lawn yesterday. He cieaned up whenever he went over there. He checked the mail at the property. He paid the property tases. He would have taken care of it if he had received notice. It is a registered vacant building. New locks were put on the back and front doors. It has not been broken into since. The former owner committed suicide, and there aze a lot of personal goods still in the property. (Mr. Bixby showed Ms. Moermond documents.) Mr. Bixby asked about the prior assessment. Ms. Moermond responded she only has one in front of her. Mr. Magner added that was sent to the previous owner. The new owner wiil have to inherit that one. Marcia Moermond recommends deleting this assessment as the owner did not receive proper notice of the violation. 1237 Jackson Street (J0401A) (No one appeared.) Marcia Moermond recommends approvai of the assessment. 1972 Nokomis Avenue (J0401A) (No one appeared.) Marcia Moermond recommends approval of the assessment. MINiJTES OF THE LEGISLATIVE HEARING OF MAY i l, 2004 Page 16 740 Sirvker Avenue (J0401A) (No one appeazed.) Mazcia Moermond recommends approval of the assessment. J0304V1 To�ving of an abandoned vehicie at 518 Ohio Sfreet. (No one appeared.) Mazcia Moermond recommends approval of the assessment. J0307BA Boarding up of a vacant buiiding during December 2003 for 1114 Seventh Street East (No one appeazed.) Marcia Moermond recommends approval of the assessment Appeal of Summary Abatement Order at 1138 Thomas Avenue. (No one appeared.) Ms. Moermond recommends denying the appeal because the property is in compliance. The hearing was adjoumed at 12:40 p.m. rrn 671 Western Daniel Carlson appeazed. His appeal was inadvertently put on the 130 pm. agenda. His appeal will now be heard on the May 25 Legislative Hearing at 1:30 p.m.