The URL can be used to link to this page

04-501��r�� - /Y/�� Green Sheet # .��1� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA [�� Committee: Date 1 WHEREAS, Neighborhood Housing & Properiy 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 duplex located on property hereinafter refened to as the "Subject 4 Property" and commonly known as 271 Maria Avenue. TYris property is legally described as follows, to 5 wit: 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 L,ot 3, Block 45, Stinson's Rearrangement of Block 45 of Lyxnan Daytons Add. To St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvement on ar before September 15, 2003, the following are the now known interested or responsible parties for the Subject Property: Raymond Hessler, 1171 Jackson Street, St. Paul, MN 55117; American Suxrunit L,ending Corporation, 8441 Wayzata Blvd., Golden Valley, MN 55426; James M. Hessler, P.O. Box 7419, St. Paul, MN 55107-0019; Raymond Hessler, 10140 Adam Avenue, Inver Grove Heights, MN 55077 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 January 30, 2004; and tVHEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Properiy 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 Subj ect Property by Mazch 2, 2004; and WHEREAS, the enforcement officer has posted a placard on the Subj ect 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 I,egislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and 4VHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City AA-ADA-EEO Employer 04--Sb � y and�dence, and after recei«� testimony and 2 evidence, made the recommendation to approve the request to order the interested or responsible parties 3 to make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and 4 remove its blighting influence on the coxnmunity by rehabilitating this structure in accordance with all 5 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in 6 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to 7 be completed within €�ea-(-�-5} days after the date of the Council Hearing; and 8 /8!� 9 WHEEREAS, a hearing was held before the Saint Paul City Council on Wednesday, May 5, 2004 10 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 11 12 13 14 15 16: 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3� 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4fi 47 48 49 50 considered by the Council; now therefore 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 271 Maria Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislarive Code, Chapter 45. 2. � � 7 � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollus ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Properiy. 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 Ixnprovement has posted a placard on the Subject Property 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 Irnown interested parties and owners are as previously stated in this resoIution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 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 correcring all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fi�°°�^ �' `'�.ays after the date of the Council Hearing. /�D AA-ADA-EEO Employer 1 2. ff the above corrective action is not compieted within this period of time Neighborhood Housing 2 & Properiy Improvement is hereby authorized to take whatever steps are necessary to demolish 3 and remove this structure, fill the site and charge the costs incurred against the Subject Properry 4 pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 7 8 10 11 12 13 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 wluch 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 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. Yeas Navs Absent Benanav t / Montaomerv ,/ .�;BOStrom ,� Thune � Has Lar. Hel Ado� AdoF By: Appx By: Requested by Department of: sy: AA-ADA-EEO Employer Form AppYd�ved by City Attorney Dy- Sb 1 DepartmenUoffice/wuncil: Date Initiated: NH — NeighbofioodHousing/Property o2-�R-� Green Sheet NO: 3014396 Contact Person & Phone: DeoartmeM Sent 7o Person Initial/Date ANDY DAWKINS � 0 ei hborhood Aou ina r er V zss"�92� ASSign 1 ei hborhoodHousina ro er De artmentDirector ! I Must Be on Council Agenda by (Date): Number 2 � p � (, � OSMAY-04 For ROU6ng 3 a or's Office Ma odAssisfant OfdO� 4 oun il 5 i Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: City Council to pass this resolurion wluch will order the owner(s) to remove or repair the referenced building(s). If the owner fails to coxnply with the resolurion, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 271 Maria Avenue. i Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: I Planning Commission � 1. Has this personlfrm ever worked under a contract for this department? CIB Committee Yes No I � Civil Service Commission 2. Has this person/flrm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties lmown to the Enforcement Officer were given an order to repair or remove the building at 271 Maria Avenue by Mazch 2, 2004, and have failed to comply with tkcise„pr�jPiC ItCl,tlUtU AdvanWges If Approved: The City will eliminate a nuisance. MAYDR OFFICE DisadvantageslfApproved: The Ciry will spend funds to wreck and remove tlus building(s). These costs will be assessed to the properry, collected as a special assessment agauvst the property taxes. Disadvantages If Not Approved: I A nuisance condirion will xemain unabated in the City. Tlus building(s) will continue to blight the community. _ � Total Amount of g000 CosURevenue Budgeted: y Trensaction: 9 � FundingSource: NUiS81lCeHOUSi1lg ActiviNNUmber. 30251 �P� o�j LOU4 Abatement ��d� ["ra F^�,� �'e>r� Financial Information: .�„ '�=��"�P" �� (Explain) �� N�� APR 0 9 2004 . •�: � Date: May 11, 2004 Time 10:00 a.m. Place: Room 330 City Hall 15 Kellogg Boulevazd West LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, AND ABATEMENI' ASSESSMENTS Mazcia Moermond Legislative Heazing O�cer ,'(� 1. Resolution ordering the owner to remove or repair the building(s) at 271 Maria Avenue. If the owner fails to compiy with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the buiiding(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 rehabilitarion plan is provided by noon of May 26, 2004. 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) Legislative Hearing 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 Hearing Officer recommends denying the appeal and making the effective date May 11, 2004. 4. J0309A Laid Over Summary Abatement for Property Cleanup at 1819 Sheridan Avenue. (City Council refened back to the Legislative Hearing Officer. Also see assessment in Item 5.) Legislative Hearing O�cer 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) Legislat�ve Hearing Officer recommends laying over to the May 25 Legislative Hearing and the May 26 City Council Meeting. CITY OF SAN'I' PAUL Randy C. Kelly, Mayor Apri12,2004 oy-sa� DIVLSION OF PROPERTY CODE ENFORCEMENT Nuisance Building Cade Enfo�cemen[ 1600 No�lh White Bear Avenue Te1: 63l-266-1900 SaintPaul, MN 55106 F¢:: 651-266-1926 NOTICE OF PUBLIC HEARINGS Council President and Members ofthe CityCouncil Neighborhood Housing & Property Improvement , Vacant/Nuisance Buildin�s 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: 271 Maria Avenue The City Council has scheduled the date of these hearings as follows: „ Legislative Hearing - Tuesday, April 27, 2004 City Council Hearing - Wednesday, May 5, 2004 The owners and responsible parties of record are: Name and Last Known Address Raymond Hessler 1171 Jackson Street St. Paul, MN 55117 Interest American Summit Lendin� Corporation 8441 Wayzata Blvd. Golden Valley, MN 55426 >-�i�r�. Y wX.�" � i�. � ►t9 L � f �� 4 �6��1 ��1� ��3�VEIIIlE TIIVCI �tSOVC �CI�S� ��T 55�� Fee Owner Mort�a�e Holder Z � VwSY� � 1' �N AA-ADA'EEO &�IoYa O�- 271 Maria Avenue Apri12, 2004 Page 2 The legal descriprion of this property is: Lot 3, Block 45, Stinson's Rearrangement of Block 45 of Lyman Daytons Add. To St. Paul. Neighborhood Housing & Property Improvement has declazed this buildin�(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Housin� & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by conecfin� the deficiencies or by razin� and removing this buildin�(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 recommendarion of the Neighborhood Housing & Property Improvement that the City Councii 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 Housin� & Property Improvement to proceed to demolition and removal, and to assess the costs incurred a�ainst the real estate as a special assessment to be collected in the same manner as taaces. Sincerely, 1� ii i Steve Magner Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:ml cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housin� Division cc¢ph a AA-ADA'EEO �Loya LEGISLATIVE HEARING REPORT OF APRIL 27, 2004 Page 2 518 Ohio Street Legislative Hearing Officer recommends approval of the assessment and laying over to the May 5 City Council Meering. 367 Geranium Avenue East Legislative Hearing Officer recommends approval of the assessment. 1843 Stillwater Avenue Legislative Heazing Officer recommends deleting the assessment. 1160 Minnehaha Avenue East I,egislative Hearing Officer recommends approval of the assessment. 6. Resolution ordering the owner to remove or repair the building(s) at 906 Duchess Street. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Legislative Hearing Officer recommends approval. �7. Resolution ordering the owner to remove or repair the buiiding(s) at 271 Maria Avenue. If the owner fai►s to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Legislative Hearing Officer recommends laying over to the May 11 Legislative Hearing and the May 26 City Council Meeting. 8. Appeal of Summary Abatement Order at 1842 Benson Avenue; appellant: Sheila L. Knudson. Legislative Hearing Officer recommends denying the appeal. 9. Appeal of Summary Abatement Order at 1854 Benson Avenue; owner: Janet M. Pelzel. I,egislative Hearing Officer recommends laying over to the May 11 I,egisiative Hearing and the May 26 City Council Meeting. E��i �-�� `� �o MINUTES OF THE LEGISLATIVE HEARING �� SCU� LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAII2, CONDEMNATIONS, AND ABATEMENT ASSESSMENTS Tuesday, April 27, 2004 Room 330 City Hall, I S Kellogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:02 a.xn. STAFF PRESENT: Steve Magner, Neighborhood Housing and Properry Improvement (NHPn; Steve Schilier, NHPI Update on 690 Burr Street. Wally Nelson, Renovation, Inc., appeared and stated he bought the mortgage, he is waiting for a judge to sign the order, and he has a warranty date. Once a judge signs the order, Mr. Nelson will sign it all, get title insurance, and start working on ihe properiy, probably by next Monday. The judge is suppose to sign the ozder today. (Mr. Nelson gaue Ms. Moermond paperwork.) Ms. Moermond asked about posting the $2,000 bond. Mr. Nelson responded as soon as he gets the title policy, it will probably be done Monday or Tuesday. If Ms. Moermond needs it pulled sooner, he will puil it. Ms. Moermond asked Mr. Magner has he looked at the rehab plans. Mr. Magner responded that Mr. Nelson has come in, submitted his vacant building registration form, and paid the vacant building fees. Mr. Magner called him about some issues in the yard, and Mr. Nelson cleaned it up. Mr. Magner is waifing to bring the resolution back before the City Council for 180 days. Ms. Moermond stated she will ask a Councilmember to bring forward a resolution on May 5. She asked would things be in place by then. Mr. Nelson responded he will make sure he does. Ms. Moermond recommends a resolution granting Mr. Nelson 180 days to compiete the rehabilitation of the property. (Note: Mr. Nelson posted the $2,000 performance bond on May 3, 2004.) 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). (Laid over from 4-13-04) The following appeazed: Melanie Liska, 1539 Grand Avenue, and Matt Kustritz, EMK Development, 500 Grand Hill. Ms. Moermond stated the last time Ms. Liska spoke, she had just found out that it would be more economical to sell the properly than to rehabilitate because of the lien on it. There were two LEGISLATIVE HEARING MINLTTES OF APRIL 27, 2004 Page 2 purchase options, one of which they are accepting now. Ms. Liska responded yes, and they are scheduled to close tomonow. Are there rehabilitation plans, asked Ms. Moermond. Mr. Magier responded they are purchasing the properiy and pianning on doing $40,000 in renovations. The Code Compliance Inspection has been performed. The registration fees were paid in December 2003. A registration form needs to be filied out by the new owner when they have closed on the deal. Everything else is in compliance. The yard issue has been solved. Other things need to be taken out of the garages. Ms. Liska responded that will be done today. Ms. Moermond stated everything is taken care of except the rehab plans and the bond. Mr. Kustritz responded he plans to post the bond foliowing tomorrow's closing. Betty Moran, West Seventh/Fort Road Federation, 974 Seventh Street West, appeared and stated she would like to see the time line when this property would be completed. She would ask that the new owner not make this rental properiy, as there aze enough problems in that neighborhood. She questions the $40,000 and wonders if that is enough to do the property properly. She will ask the City Council to lay over this address until this information is provided. Ms. Moermond asked does the work program have time lines as to when they plan on having each of these things compieted. Mr. Kustritz responded it will all be done within 180 days. Steve Magner added that the City gives 180 days; if 50% of the work is completed and signed off, then 180 more days can be granted. Ms. Moermond said she will be asking for a rehab pian to address the items on the code compliance inspection report with compietion dates. It would be great if this could be done in 180 days. It is beyond her jurisdiction to require it to be done beyond 50%. The state code supersedes her decisions here; however, the granting of 180 days is discretionary. Mr. Kustritz responded he will do a plan. Ms. Moermond said she wili recommend that they lay this over for one week so that he has a chance to come up with a plan with dates. She understands he is a professional in the rehab business. Ms. Moermond wiil expect that he has mazketing pians as to whether this will be rental or owner-occupied. Mr. Kustritz responded he pians on selling this it to an owner-occupant. He would normally do renovation and sell the home. Ms. Moermond recommends a layover to the May 5 City Council meeting. At that time, she will be looking for a rehab plan, the bond posted, and a finalized purchase transaction information. The rehab plan will need to be signed off by her and Mr. Magner. Resolution ordering the owner to remove or regair the property at 1956 Feronia A��enue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). (Laid over from 4-13-04) The following appeared: Naomi Isaacson, 328 Fourth Street Southeast, Minneapolis; and Rebecca Brown, 1350 South Frontage Road, Hasrings. l.� � --�- LEGISLATIVE HEARING MINUTES OF APRIL 27, 2004 Ms. Isaacson stated everything the City was looking for was submitted yesterday. Page 3 Steve Magner said that he had a conversation with Jim Seeger (License, Inspections, Environmental Protection) yesterday who spoke with Ed Locke (LIEP) and Frank Berg (LIEP) and indicated the needed information for LIEP has been submitted. Ms. Moermond stated she would like a sign off from LIEP so the owner is able to pull permits as soon as possible this time. Ms. Isaacson stated she has another problem: her two lenders backed out. They were afraid that the City will tear the building down and they would be out their money. At this point, she cannot pull the permit as a multi-family on the project. Her only alternative is to rehab it as a single family, like her personal residence. It would be a waste of money to tear the buiiding down. As a personal residence, the cost is reduced to about half. She can be done with it in four months. To do it as a multi-family will cost about $1.2 Million. Ms. Moermond asked was that the plan submitted yesterday to LIEP. Ms. Isaacson responded no. She spent $100,000 on architect plans as a multi-family. Other than that, she would have to go back to the drawing board. She may have to hire a new azchitect. The City Councii may be hesitant to grant 180 days to rehab this as a singie family home when its entire purpose is to provide eight housing units, said Ms. Moermond. That is a huge difference in how that land is used. Ms. Isaacson stated she does not have a lender, and she does not have the money to rehab it without financing. Ms. Moermond asked has she looked at plans of selling the property. Ms. 3saacson responded she bought it for $365,000 and she has money invested. She cannot sell it for $50,000. She does not lmow what buyer would be interested in buying it. Mr. Magner stated he has never had a buiiding that has had so many calls. Every week people ask for information about this building. Repeatedly, he has to inform people that his office is not in the business of marketing this property. Ms. Isaacson responded that she feels harassed. She gets phone calls at home, her office, and on her cell phone. People want to buy it for $10,000. She cannot sell it for that. She tells them if they are interested in a serious offer, she will talk to them. She does noi know how her phone numbers got out. Ms. Moermond asked what she wants to do. Ms. Isaacson responded to sell it as a single family. She has no alternative, as she does not have the money to do otherwise. Ms. Moermond stated she is looking at an order to remove or repair the building. In spite of that, she wiil not recommend to the City Council that this building be rehabilitated as a single family home. The owner can make her case with the City Council. Ms. Moermond will lay this over for a month for a concrete plan from the owner. One of the things she looks for is the financial wherewithall to rehab the building. - --- -.. -�----�---�---- __�--_ �-. _ _�___.__ �_m__.__ . __.� . _ __. ._ LEGISLATIVE HEARING MINUTES OF APRIL 27, 2004 Page 4 Ms. Isaacson asked if she comes up with a plan in a month to rehabilitate the buildang as a single family, wiil Ms. Moermond not recommend that. Ms. Moermond responded that she will not recommend to the City Council that this building be rehabilitated as a single family home. Ms. Moermond recommends laying over to the May 25 Legislative Hearing. Laid Over Summary Abatement: J0309A Property cleanup at 1335 Summit Avenue. (Laid over from 3-24-04 City Council and rescheduled from 4-13-04 Legislative Hearing.) Andrejs Vape, owner, appeazed and stated he was at the City Council meefing. Nothing was done by the City and nothing was required. He asked what the City did. Ms. Moermond stated her paperwork indicated there was snow and ice on the sidewalk and work was done to rectify the situation. (A videotape was shown.) Ms. Moermond stated the City shoveled the walk and threw down salt and sand. Orders were mailed on December 17, 2003, about snow on the sidewalk. It was rechecked on December 18, and the work was done on December 24. Mr. Vape explained that he has a lazge snow removai machine that he used before the compliance date. The day before the required date, it got done. There was snow on the boulevard, so the videotape did not show an adequate picture of what had been done, but the side view clearly showed there was snow removal. After he did it, the City sent in someone to redo what he had done. There was so much sand and salt on the sidewalk, that it was ridiculous. The sidewalk was literally covered with salt. Other than using a snow scraper, he did everything that could be done. If looking at his record, there has not been a single assessment made against him. He got delayed a day before that because his wife was in the hospital, and he was spending about 24 hours a day with her for about 14'/z months. He did the best a regular snow thrower can do. It was at good as most of the sidewalks there. The City made an initial inspection when it had noY been done. The City did grave damage to his property and broke the retaining wall. The bricks were knocked off. They knew they messed it up and did nothing about it. Unless it is corrected, he will be suing the City. There aze scrape mazks all along the retaining and there is a chip on the retaining wall. The snow removal has no basis at all for an assessment but the City shouid assess itself and take care of the damage on the retaining wall. Ms. Moermond stated it looked like Hamiine looked better than the Summit side so she would be willing to knock off some of the assessment. She gave Mr. Vape information to file a claim with the Risk Management Office. Ms. Moermond asked is it a snow blowers or shovels used by the work crew. Mr. Magner responded that 98% of the time they use a Skidshear (phonetic), which is like a Bobcat, and has a bucket the same width as the public sidewaik. LEGISLATIVE HEARING MINUTES OF APRIL 27, 2004 Page 5 Ms. Moermond recommends reducing the assessment from a total of $225 to $125 plus $70 administrative fees for a totat assessment of $195, as it looked like Hamline side looked better than the Summit side. Mr. Vape responded that the machine that cleaned off one side also cleaned off the other side. Those videos display the real condition of the sidewaik. If the snow blower did the job on one side, then it did the same job on the other side. He finds the recommendation unacceptable. Laid over Summary Abatements: J0304V Towing of abandoned vehicles at the following addresses: 367 Geranium Avenue East, 518 Ohio Street. 1843 Stiliwater Avenue, 1160 Minnehaha Avenue East. 518 Ohio Street Ms. Moermond explained that her paperwork has that an abandoned vehicle was removed for an assessment of $1,030 pius the $45 service charge for a total assessment of $1,075. Joshua Favilla, owner, appeared and stated the vehicie was not his so he could not get it out of the Impound Lot. He did not know whose vehicie it was. It was a friend of a friend's, and Mr. Favilia was supposed to cnt it up for this person. He was taking the cab off the truck for a different vehicle. The vehicle owner had parted the huck out and was using the tifle for a different vehicle. It is legal to do it diat way because a person can use multiple parts for multipie vehicles. The owner received an order from the City for May 2, 2002, said Ms. Moermond. It appeared to be an abandoned vehicle. They actually did not come to take it for another seven weeks: June 20. Mr. Favilla responded that he ran out of time and was worki�g a lot on his other job. The vehicle owner came to the house on July 4 and said he had settled up with the Impound Lot and the issue was done and over with. Mr. Favilla asked why this assessment did not go to the owner of the vehicle. Ms. Moermond answered that when the City takes a vehicle off private property, they have to hold the vehicle legally for two weeks. Ms. Moermond stated she will call the police department and check if the vehicle was there for two weeks and not four days. Mr. Favilla responded he does not know how long it was there, but the friend came over July 4. Ms. Moermond responded that would have been the two weeks. It appears the City towed the vehicle on Jun 20. So, if the friend came on July 4, that would have been the end of the two week holding period for the Police Department. In that case, she would recommend approval of the assessment. Mr. Favilla asked why this did not go to the registered owner of the vehicle. Because it was impounded, he had no ability to pull it out of the Impound Lot. Ms. Moermond responded he could have gotten a property manager's tow to have the vehicle towed. Ms. Moermond recommends approval of the assessment. At the request of Mr. Favilla, Ms. Moermond also recommends laying over to the May 5 City Council Public Heazing. _ � LEGISLATIVE HEARING MINUTES OF APRIL 27, 2Q04 367 Geranium Avenue East Page 6 Jonathan B. Oyinloye, owner, appeared and stated he does not live at the properry, as it is a rental. He did notreceive orders. Steve Magner reported that the Summary Abatement Order was mailed on Apri17, 2003, to the owner Jonathan Oyinloye at 1520 Birch Lake Boulevard South, White Beaz Lake. The vehicle was a black MBW. The order was also mailed to the occupant. There was no returned mail. Ms. Moermond stated that the City did send out legal notice. She asked did he get to the properry between the beginning of April and the middle of September. Mr. Oyinloye responded that he does go ihere, but he was not awaze the vehicle was abandoned. Ms. Moermond stated the City's legal requirement is to mail the notice to the owner of records. They also mailed the order to the occupant. This is an abandoned vehicle, and the vehicle was there months on end. The owner is responsible for maintaining his property. She will recommend approval of the assessment, and he can appeal to the City Council tomorrow at 5:30. Mr. Oyinloye stated the renter did not know whose vehicle it was and said it was pazked in front of the house and not on the property. If the vehicle is on the public right-of-way, responded Mr. Magner, they would tag it under a different ordinance. Ms. Moermond stated she will call the police department and double check the police report. She will change her recommendation if the address is different. Also, the owner can ask the City Council to reduce or delete the assessment. If he is still not happy with the outcome, he can go to District Court about the assessment. (Note: Ms. Moermond recommends approval of the assessment, as the police report indicates the vehicle was on the property.) 1843 Stillwater Avenue Wendy A. Toner, owner, appeared and stated this is rental properry. Letters were mailed to the previous owner Kenneth Brockway (phonetic). Tenants got the mail and did not open it because they didn't know what it was. There was nothing posted on the caz according to the renters. Ms. Toner did not know the car wasn't warking. She was told that Brockway is stili listed as owner of the property along with her. She bought the praperty in January 2003. The tenants moved into the property Apri12003. Ms. Moermond asked when the notice was sent. Mr. Magner responded there was an ongoing file that started with the complaint on July 25, 2002. Unless a new complaint comes in or the inspector believes there is a change of ownership, NHPI would not go back and run a new ownership. It is even possible that Ramsey County would not have changed the ownership yet. Tfiere was an ongoing investigation with this individual in regards to exterior property maintenance. They issued a tag. It looks like the property changed hands about the first of the yeaz. �.� ( C' /� t � �� LEGISLATIVE HEARING MINUTES OF APRIL 27, 2Q04 Page 7 Ms. Moermond recommends deleting the assessment as the owner did not receive proper notice. 1160 Minnehaha Avenue East (No one appeazed.) Mazcia Moermond recommends approval of the assessment Reso]ution ordering the owner to remove or repair the buiiding(s) at 906 Duchess Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). (No one appeared. This properry was discussed at the end of the hearing.) � Resolution ordering the owner to remove or repair the building(s) at 271 Maria Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). (Photographs were submitted by Steve Magner.) The foliowing appeared: Raymond Hessler, brother of James Hessler; and Katherine Hessler, Raymond's wife. Mr. Hessier stated that James Hessler is his brother. Steve Magner reported this is a two story duplex. The building was condemned on July 28, 2003, by Code Enforcement (NHPI} and has been a vacant building since then. The orvner is James M. Hessler; however, Raymond Hessler is in control of the property. One Summary Abatement Notice has been issued to remove snow and ice from the walk. On January I, 2004, an inspection 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 January 30, 2004, with a compliance date of March 2, 2004. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees have been paid. Real estate taxes aze unpaid of $1,090. Taxation has placed an estimated market value of $29,100 on the land and $71,700 on the building. On October 1, 2003, a code compliance inspection was done. A bond has not been posted. They estimate the cost to repair is $80,000; estimated cost to demolish, $7,000 to $8,000. Mr. Magner stated when the dweiling was condemned, an action was taken to start a tenants remedy action (TRA) to rehabilitate this property. It is his understanding that Mr. Hessler said it is wst prohibitive for him to rehabilitate this structure. That is why the 'IRA did not go further. They agreed to dismiss that action and put the building into an order to abate stance. They had one of the local nonprofits go through the property to get a ballpark figure for rehabilitation. Ms. Moermond stated she looks for key signals and history, such as has the property been taken care of, real estate taxes paid, vacant building fees paid, etc. These things have not been done on this property. On the plus side, a Code Compliance Inspection has been done. Mr. Hessler stated they were fighting the TRA for six months. The building was Section 8 LEGISLATIVB HEARING MINi3TES OF APRIL 27, 2004 �� approved. The tenant decided he couldn't pay the rent, so he figured out a way not to pay the rent. The Hesslers lost rent for ten months. They have a$900 payment every month. Mr. Hessler said he has a lot of property in Saint Paul and the metro area. Based on budget cuts, people not getting assistance, inspecrions by the City, and the insurance companies not wanting to ensure houses with peeling paint, it is a tough time for landlords right now. A lot of landlords can't rent buildings. He has listed the house with Callahan Realty. It has a$118,000 mortgage on it, so he does not want it lrnocked down and it is fixable. He has eight buildings with major code compiiances. He needs time to sell it or rehab it himself. He asked how much time he has to do that. Mrs. Hessler stated they had not gone through the TRA before. They were told that there was funding to do the renovations. They were assigned an administrator. When looking at the time line and the lack of work being done on the building, it is not because they decided not to do anything. It was because they were told there was funding available. This went on for months until she called an inspector and asked about the funding. She was told there is funding for smaller projects, but not on the magnitude of 271 Maria. This was never explained to them before. They finally hired an attorney, had the TRA dropped, put this individual in another unit, and he lived free untii July. They finally got this resolved. Information needs to be passed on to people. Ms. Moermond stated this is a hearing on the order to remove or repair the building. They need to take active steps to pursue the rehab part of the order. Tfie remove part will proceed on its on. She is looking for a rehab plan that address all the items in the compliance order, financial wherewithal to execute the rehab, general wherewithal to do tlus in a timely fashion, and time lines for the work. The fact that the taxes are not paid it not a good sign. Also, they need Yo post a performance bond with the City that wili be refunded back to them after the completion of the project. They can do the rehab on their own or sell it. It is in legislative hearing now because the City is pushing to do something with it soon. If they sell it, she would look for a purchase agreement. The rehab has to be done, done properiy, ot.the CiTy will knock it down. James Rust, 267 Maria, appeared and stated people in the neighborhood wouid like to see something positive going with the building. The neighbors shovel the walk in the winter and pick up the trash. He has people knock on his door asking about the building wanted to buy it. Mr. Rust does not think the owner will get $118,000 for that property. It needs a lot of work and it is a nice looking buiiding. He was inside last winter. The front foyer had exposed two by fours, no insulation, and it was cold inside the house. It is an eyesore. Mr. Rust is one of the houses on the Minneapolis/Saint Paul Home Tour this weekend, and will have about a thousand peopie going through the house and they will ask about the house next door. The neighborhood really wants something done with this. They would like someone to rehabilitate it instead of an empty lot there. Mr. Magner responded that if there is a home tour and a thonsand peopie coming through, it would behoove the owners to actively market it during that time. It is in the historic district and rehabilitation wiil have to be done under the HPC (Heritage Preservation Commission) guidelines. The properry can be saved. Once the property has been identified as having issues, NHPI has to enforce the ordinances. �'v \ LEGISLATIVE HEARING MINIJTES OF APRIL 27, 2004 Page 9 Mr. Hessier stated he is doing 38 homes in one year and putting out a lot of money. So, if he can take advantage of City funding, he will try to do that. They were misled and that is why nothing was done. Mr. Hessler would agree with Mr. Rust. He will try to sell it within the next few weeks. The house is worth $118,000 and was appraised at $170,000 when he bought it. He asked is 180 days granted to sell it or rehab it. Ms. Moermond responded the 180 days is to do a rehabilitation of the property and not to sell it. This goes to Council on May 5, and she would like the Hesslers to contact her by noon of May 5 about whether they aze going to rehabilitate it or sell it. Mr. Hessler responded he wouid like to say now that he is going to rehabilitate it and get the 180 days. Mr. Magner stated if the owner is going to rehabilitate the properiy based on the Code Compliance Inspection, the basic building permit will be held up with the HPC. That would eat into the 180 days. Ms. Moermond recommends laying over to the May 11 Legisiative Hearing and the May 26 City Council Public Hearing. Having to go to the HPC will slow things down progress. Because they do not do rehabilitation everyday, she will ask for the following: a rehabilitation plan with concrete steps, evidence to show financial wherewithal to do this plan, taxes paid, and the $2,000 bond posted for performance. The Code Compliance Inspection has a long list of items. Appeal of Summary Abatement Order at 1842 Benson Avenue; appellant: Sheila L. Knudson. (No one appeared.) Marcia Moermond recommends denying the appeal. Appeal of Summary Abatement Order aY 1854 Benson Avenue; owner: Janet M. Pelzel. Steve Schiller, NHPI, reported he was in the azea on another matter, saw this issue, and wrote it up. The shed/garage combination is extremely deteriorated. It is unknown how it made it through the winter. He issued the orders to remove the badly deteriorated shed and garage and clean out the inside. Janet Pelzel, owner, appeared and stated she is looking for more time to get this done. She bought the house on a contract-for-deed and had it paid off in 2000. She only paid $24,000 at that time. It needed a lot of fixing up. In 1999, she had an order for septic and she was given an extension. The garage is horrible looking. When they did the remodeling, they didn't take things, and she put these things in her gazage. She planned on getting rid of it. She lost her job a couple of months ago, so the other co-owner Meredith Cole was the only one working for a couple of months. Ms. Pelzel got a job a week ago and gets another one next week, so she will get back on her feet. She tried to get loans, but there was oniy one person working. Ms. Moermond asked for a guess on the demolition of the garage. Mr. Magner responded that if the City tore it down, it would be the limit of their abatement of $3,000. If the owner was to bid this out to a private contractor, it may be done for half that much, especially if the City was not involved. They can call a licensed handyman or a licensed gazbage hauling service because it is a LEGISLATIVE HEARING MINITTES OF APRIL 27, 2004 Page 10 one story garage with a fairly flat or low siope roof. It may cost $I,000 or $1,500. It could also potentialiy go through a chore service. Ms. Pelzel stated she talked to Mr. Schiller who told her to write a letter and he could give her an extension, but she talked to some people who told her to file an appeal because she only has a certain amount of time. Mr. Schiller responded he told her to write him a letter to save her some time. Ms. Pelzel stated she called some gazbage haulers and she was told to go through her regulat company, BFI. She has a letter that it would cost $500 for a 40 yard dumpster for five days. She has people willing to help her tear the garage down. Ms. Schiller stated people have to be very cazeful. The support members of the structure have rotted and failed. Peopie should have hard hats on because things can hunble down. The machinery has safety cages over them. Safety should be dealt with first. Ms. Moermond asked is the building secure. Mr. Magner responded they could issue a sununary abatement to the owner and bid this through a private contractor for demolition and come back with a dollar amount. The $70 administration chazges would be added to the demolition fees, and then the City could assess it. Then, she would have an avenue to ask for it to be spread out over a period of time. Ms. Moermond stated if the City does it, it will end up as an assessment on her property tases. Ms. Pelzel interrupted and said that she cannot have that because her insurance man said it would be assessed on the taxes and the insurance company would drop her. Mr. Magner responded that this could be laid over; in the meantime he could solicit bids for the demolition of the garage. It is true that if the City was taken substantial abatement action would violate her mortgage, but a minor action does not meet the threshold for foreclosure. Ms. Moermond stated they have unheard of an insurance company telling someone they might lose their mortgage for a cleanup under $3,000. She is wiliing to talk to the insurance person if Ms. Pelzel gives her the information. Mr. Magner added that the insurance company may need Ms. Pelzel's consent to call. Mr, Schiller said that he wanted to make it cleaz that the City has no intention of going after this property. His major concern is how deteriorated the structure is and trying to figure out how to get it removed without hurting someone. Ms. Moermond recommended laying over to the May 11, 2004, Legislative Hearing. In the meantime, Mr. Magner will see how much he can bid it out for. If the owner wants her to call the insurance agent, Ms. Moermond will need the policy number and permission to call. She suggested Ms. Pelzel go to the LIEP Office to see if they have information on demolition. StafF says this is dangerous, so a flyer on doing this wouid be helpful. /'�U C( �I LEGISLATIVE HEARING MINUTES OF APRIL 27, 2004 Page 11 Resolution ordering the osvner to remove or repair the building(s) at 906 Duchess Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). (No one appeared.) (Photographs were submitted by Steve Magner.) Mr. Magner reported it was summary abated three times, no one has come forwazd as owner, NHPI has done due diligence notifying parties of record and the mortgage company; therefore, they aze seeking a resolution to remove or repair in 15 days. Ms. Moermond recommends approval of the resolution. The hearing was adjourned at 11:55 a.m. rrn �- SU � MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, AND ABATEMFsN1' ASSESSN4;NTS Tuesday, May 11, 2004 Room 330 City Hail, 15 Kellogg Boulevazd VJest Mazcia Moermond, Legislative Hearing Officer The hearing was calied to order at 10:02 a.m. STAFF PRESENT: Steve Magner, Neighborhood Housing and Property Improvement (NHPn; Steve Rice, Plamiing and Economic Development; Harold Robinson, NIIPI Note: All of the properties today will be before the City Council for ratification on May 26. The following addresses were laid over to the May 25 Legislative Hearing because files were not auailable for these properties or the owners requested a layover: 1063 Dale Street North. 949 Sherburne Avenue (J0401A), 932 Iroquois Avenue (J0401A), 515 York Avenue (J0401 V), 1591 Tavlor Avenue (J0401A), 1120 Payne Avenue (J0401 V), 911 Wilson Avenue (J0401 V), 233 Sherburne Avenue (J�401� � 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) 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 properry taxes, 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 concrete 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 recommendation will be 180 days to complete the rehabilitation plan. 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 plauning to do that. Mr. 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 HEAI2ING OF MAY 11, 2004 Page 2 Resolution ordering the owner to remove or repair the building(s) at 785 Butteruut Avenue. If the owner fails to comply with the resolution, Neighbarhood Housing and Property Improvement is ordered to remove the building{s). (I,aid over from 4-27-04) Marcia Moermond stated that Councilmember Thune heard from the district council and they wanted a layover longer than what was discussed at the last legisiative hearing. Matt Kustritz, 500 Grand Hill, appeared and stated he has a rehabilitation plau and photogaphs. (He explained his documents to Ms. Moermond.) Ms. Moermond stated she will provide the district council a copy of the rehabilitation plan. I.00king 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 180 days to compiete the rehabilitation on the proper[y. (Mr. Kustritz submitted the photographs.) Appeal of 5umraary Abatement Order at i854 Benson Avenue; owner: Janet M. Pelzel. (Laid over from 4-27-04) 7anet Peizei, owner, appeared. Since the last legisiative hearing, reported 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 the purchasing department. He is still waiting for bids to remove the gazage and associated lean-to. Marcia Moermond asked has the owner looked into additionai information for costs. Ms. Pelzel responded a 40 yard dumpster would be azound $600. She does not know if they come bigger. Mr. Ma�er responded 40 is the lazgest they generally come. Ms. Moermond stated tius is the owner's judgement call abont how she wants to proceed. The sh is unstable. To knock it down, the owner would hopefully get safety training and equipment. The City doing it would cost a maximum of $3,000. Ms. Pelzel 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 will 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 years. Ms. Moermond called Ms. PelzePs insurance company and talked with the insurance agent, and there aze no problems as long as Ms. Pelzel is dealing with the situation that has arisen with the structure. Ms. Pelzel stated she would like to make the decision now to let the City do it. MINUTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 3 In that case, Ms. Moermond recommends denying the appeal and making the effecfive 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 refened back to the Legislative Hearing Officer) Jacob Bellinsky, 1813 Sheridan Avenue, appeazed Harold Robinson reported that there are rivo abatement assessments for public sidewalks, ice, and snow. One was February 1, 2004, and the other was December 24, 2003. He has videotapes of both of them. Mr. Magner responded this was a dwelling the City abated for a substantial abatement process. The ownership is s6ll listed as Scott A. Walz. The ajacent property owner Jacob Bellinsky has now purchased the property and he never received notice on the sutrunary abatement because it was already mailed to Mr. Walz, who is missing. Ms. Moermond asked when the abatement occmred. Mr. Bellinsky responded the quick-claim and wananty deeds were filled out on February 18 and filed on Mazch 24. He shoveled the walk iumself during the yeaz. One time he shoveled it, it snowed again, and a neighbor complained on it. He spent $13,000 for the back tases and $8,500 for the demolition of the house. He has no mare 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. Moerxnond 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.) Suramary Abatements: J0401A Property cleanup during January and February 2004; J0401V Towing of abandoned vehicles from private property during August through November 2003; J0401B Boarding-up of vacant buildings during January and February 2004. 911 Wilson Avenue (70401 V) Per the owner's request prior to the meeting, Marcia Moermond recommends laying over to the May 25 Legislative Hearing. MINUTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 4 1120 Pame Avenue (J0401� Per the owner's request prior to the meeting, Marcia Moerxuond recommends laying over to the May 25 L,egislative Hearing. 1819 Sheridan Avenue (7040iA) (See laid over assessment for the same address on the previous page.) Marcia Moetmond 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 Rice provided English-Spanish interpretation for this property. Jaame Gazcia, owner, appeared. Ms. Moermond recommends laying over to the May 25 Legisiative Hearing as the file was not availabie on this property. 932 Iroquois Avenue (J0401A) Duane Renville, owner, appeazed. 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 Aearing as the file was not auailable on this property. 1591 Tavlor Avneue (J0401A) George Oxford, owner, appeared. MINLTTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 5 Ms. Moermond recommends laying over to the May 25 L,egislative Hearing as the file was not available on this property. 1054 Arkwrieht Street (70401A) Nancy, owner's daughter, appeared and stated the family did not own tiie 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. This 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 discarded furniture on the property. Lewis Berry, owner, appeared and responded it was not on the property; it was in the alleyway beside the gazage. The 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 clear defmition, but his office handles it as follows: if the item is in the physical right-of-way of the alley, 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 gazage, or the nonoiled or paved area between a structure and the paved ar 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 ailey right-of-way, and the adjacent property owner's responsibility. Ms. Moermond asked was is it a gravel or paved ailey. Mr. Berry responded it is paved. Mr. Magner explained that the inspector received a complaint and went there. The items were against the garage, and is the adjacent property owner's responsibility to remove it. Ms. Moermond asked were there phone calls, according to the files. Mr. Robinson responded no. Ms. Moermond stated she is looking at orders that the City mailed him to remove the furniture on December 15 and again the end of December. The work crew did the wark 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. MINLJTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 6 Mr. Berry stated he does not remember receiving any notice to that. Being in the back of his property, he did not think it was his responsibility to remove it because it was in the aliey. He has gazbage service. Ms. Moermond responded that the property technically extends to the middle of the alley and the City will maintain the right-of-way. Mr. Robinson responded that is correct. The inspector did not think it was impeding traffic. Otherwise, Public Works will pick it up. Ms. Moermond asked how many refuse violations in the past two years. Mr. Robinson responded a summary abatement order was issued on February 27, 2003, and a work order was sent on Mazch 11. Another order was issued on October 24, 2001. There were five trips out there from September 27 to October 27, 2000 for refuse. Ms. Moermond stated notices were sent out twice. She will lmock $100 off: If he ever gets another notice and there are questions, he should call it in. If she sees it in here again, she will assume he knew and chose not to act responsibly. Mr. Berry responded he is legaliy blind. He had someone read paperwork for him. Mr. Moermond stated he should call in the future. There aze a lot of people that come in to legislative hearings who aze disabled, English is a second language, etc., and they are taking care of their yard and being held to communiYy standards. The City would like to help him get the noti�es 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 Mr. Robinson wiil make a note of it. Ms. Moermond recommends reducing the assessment from a total of $323 to $153 plus the $70 service fees for a total assessment of $223. 260 Baker Street East (J0401 V) (No one appeared.) Ms. Moermond recommends approvai of the assessment. 1695 Burns Avenue (J0401A) (No one appeared.) Ms. Moermond recommends approval of the assessment. 2134 Bush Avenue (J0401A) Marcia Moermond stated these are two sepazate assessments that are together for cleanups that were done on December Z0, 2003 and February 6, 2004. MINtJTES OF THE LEGISLATIVE HEARIlVG OF MAY 11, 2004 Page 7 Eugene R. Smith, owner, appeazed and stated he got back home the end of April from down south. He got the notice in the mail about this hearing and was told it was for snow and ice removaL He has had someone take care of that for seven years, and Mr. Smith thought it was taken caze of. The City sent him a notice on the second one. It was addressed as Occupant and the post office marked it undeliverable and sent it back. So, Mr. Smith never got a notice. It is his responsibility to take care of it, but the City is supposed to warn him ahead of time. Mr. Smith 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 Citizen Service Office also wouid have sent a letter out to Mr. Smith because he is listed in AMANDA (computer system). The occupancy letter came back as undeliverable; the post office obviousiy had forwazding for the other letters. It was maiied 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 "OccupanY' at 2134 Bush. The Occupant ietter came baok to the City, and the other did not come back. It looks ]ike Mr. Smith received proper notice. Whether ar 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 foilowing: 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 Citizen Service Office, as these aze computer generated letters. 733 Case Avenue (J0401� The following appeared: Chao Lee, owner, t3055 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 pazk it on the street, which is why it was in the back of the property, which he thought would prevent the vehicle from getting towed. The vehicle was on rocks m the back of the yard. He is not sure when the vehicle was towed, but sometime last yeaz when he was collecting reat, she asked had he towed the vehicie. He said no and to call the police. He referred her to call 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 vehicie on the properiy with expired tabs that appeazed inoperable or undriveabie or missing parts. Also, the City issued a summary 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 Yhe same. A work order was sent to Parks and to the police department. The police towed the vehicie to the Impound Lot for expired tabs and for appearing inoperable. Mail was sent to China L,ee and Chao C. Lee at 733 Case Avenue. Mr. I,ee 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 Taxation to get that changed. Mr. Lee stated he was having a problem with taYes and the tenants were not giving him notice. He was at Ramsey County about two months ago going over tases with them znd changing the address. In answer to questions, Mr. Lee responded this is a duplex on a corner lot located on a busy street. He goes there about once or twice a month. He does not have a property manager. The previous yeaz he had a downstairs tenant who took care of the lawn, etc. 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 Enforcement (NfiPn would not Irnock 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 Pro�'am. Mr. Lee responded yes. Mr. Magner stated the inspecYor may have picked up information from the ownership posting at the front door per the ordinance. Ms. Moermond willlike confumation that this property is in the Rental Registration Program. (While Mr. Ma�er checked to see if this properry was registered, Ms. Ivloermond heard other appeals. Then, she came back to this address.) Ms. Moermond asked when he identified he had a problem with the real estate t�es going to the wrong address. Mr. Lee responded he took a day off work to deal with it. He has owned this properiy for about three years. For the first yeaz, taaces 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. Moermond stated the rental registration was in order. She is fiustrated because it was his responsibility to teli the tax people where to find him. Ms. Moermond recommends reducing the assessment from a total of $615 to $135 pius the $70 service fees for a total assessment of $205. 745 Case Avenue (J0401� (No one appeazed.) Ms. Moermond recommends approval of the assessment. MINLJTES OF THE LEGISLATNE HEARING OP MAY 11, 2004 Page 9 1170 Conwav Street (30401� (No one appeared.) Ms. Moermond recommends approval of the assessment. 1459 Danforth Street (J0401� Kenneth Johnson, 6980 27`" S�eet North, Oakdale, owner, appeazed and stated his adult children live at the properry. He had a tenant—not one of his cluldren—who abandoned a vehicle for about three months. He cailed the City of Saint Paul. He was told that if he calls the police department and reports it abandoned, then he would not be responsible for it. Both cazs were ricketed for abandonment and expired tabs. Before a person can argue 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 I,ot 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 caz. 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 hoid a vehicle for two weeks before they are aucrioned or junked. Ms. Moermond would like to get paperwork from the Impound Lot to find out what is going on here. He can cail any private company to do the towing after he gets a managers tow to have it removed. Mr. Magner added that he needs to call 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. Johnson asked could Ms. Moermond take into consideration that he initiated this by cailing. Ms. Moermond responded yes. (Ms. Moermond's recommendation is forthcoming.) 515 Desno�er 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 ar she pays 1/10 of it. The OIsons have cleaned the area a few tunes. They talked to Andy Dawkins (IVHPn who said that the City will be over to clean it up. Mr. Olson went over there the day before, and someone was working on it. 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 haue financial problems, which is the Oisons probiem, too. They pay $54,000 in taa�es. They were over there to clean it up and a coupie 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. Oison can. MINUTES OF THE LEGISLATIVE HEARING 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 clean it up. The Oisons 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 7anuary 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 7anuary 16. Mr. Robinson reported that there is nothing in the file from Mr. Dawlflns. There is a note that Steve Schiller (NI�'n talked to the owner on January 13 and the owner stated his intentions to call Mr. Dawlans. Mr. Schiller went out on 7anuary 20, and it had been cleaned up by the City on January 15. Mr. Dawkins normal practice is to talk to the inspector fust. Ms. Moermond stated she needs to talk to Mr. Dawkins to see ifhe told them January 16. She is hesitant becanse 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 themselves. 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 sYated 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 attomey or a group snch as Saint Paul Association of Responsible Landiords. The owner has rights as well. It looks like t3ie owner wili owe the complete assessment. If Mr. Dawkins said Januuy 16, then she will lrnock some money off: Mr. Olson added that his family has been in that area for four generations. (Ms. Moermond's recommendation is forthcoming.) 1033 Hawthorne Avenue East (J0401A) (No one appeazed.) Ms. Moerxnond recommends approval ofthe assessment. 233 Sherburne Avenue (J0401� (The owner couid no longer wait.) Ms. Moermond recommends laying over to the May 25, 2004 Legislative Hearing. MINLTTES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page ll 858 Jessamine Avenue East (J0401� Cher Vue, owner, appeared and stated he has a large family and has a hard time putting food on the table. He requested that the assessment be reduced or he can make payments over the next two or three years. This vehicle belonged to his son. After the son purcl�ased 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 caz it was. Mr. Robinson responded a silver Mazda Marcia Moermond recommends spreading the assessment over a five-year period due to financial hardship. Mr. Vue asked couid moze money be knocked off. Ms. Moermond responded that he wil] have to go to the City Council on May 26. 2171 Kna�p Street (J0401A) Neii Dieterich, owner, appeared and stated he always removes his ice and snow. Then, the city comes by and plows Como Avenue. The snow plow throws the snow off of Como Avenue onto his sidewalk. 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 property was inspected. He removed the snow on February 2 or 3, and it froze when the City plowed it. He goes through and removes everything he can remove, then he chops the ice, and gets it down to the sidewalk. He had removed everything on top. He has complained to Public Works. He was told it took 1%2 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 totai of $295. (A videotape was shown.) Ms. Moermond asked did he call the City to say he was warking on it. Mr. Dieterich responded the City has told him in the past that he is legaliy obligated to remove as much as he can and put down salt and sand. F3e gets notices all the time because of this problem. He does not want people to have a probiem, and fall down. He works at it very hazd. With the City continuing to plow snow onYo his sidewalk, there are liruits to 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 Febniary 2 or 3, orders were mailed on February 1 I, and the cieanup was on February 21. That is aimost three weeks between the initial snow event and when the wark 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 all the snow he can remove and then puts down sait and sand. That was MINIJTES OF THE LEGISLATIVE HEARING 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 actual pavement, then it is easier to get that snow off when the City plows Como Avenue onto his sidewalk. There is no sun there, so it lasts until Mazch or April. Ms. Moermand 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 approval of the assessment. 1171 Lawson Avenue East (J0401 Vj (No one appeared.) Ms. Moermond recommends approval of the assessment. 988 Mazshall Avenue (J0401A) (No one appeared.) Ms. Moermond recommends approval of the assessment. 1627 Marshail Avenue (J0401 V) Philip Varchenko, owner, appeared and sta4ed this is about a car towed on December 4, 2003. The work arder says it was a white caz, but the car towed was a black Volvo. It did not have plastic on the taillight nor a hunk 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 conection order. Harold Robinson reported the original order issued was for two vehicles: a black unknown, FPZ 796, and a white caz, OSSPYV. An impound order was issued for the urilaiown caz, white, FPZ 796. The police towed that vehicie, but it was clearly brown. The police officer agreed with the inspecfor 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 wii] get the police report on this. It is the City's practice to give proper notice. Mr. Vazchenko responded that he does admit he got the notices and he was correcting them as he couid. He assumed that everything was in order. 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 LEGISLATNE HEARING OF MAY 11, 2004 Page 13 (Ms. Moermond's recommendation is forthcoming.) 1120 McLean Avenue (J0401� The following appeared: Terin and Deanna Meyers, owners. Mr. Myers stated he had a company van in his driveway. The company was being soid, and there was a court battle. For months, he did not I�ow whose truck it was. He paid to get the fuel filter changed, but he could never get it running over 30 miles per hour. Mrs. Meyers added that there was a restrauung order issued to the ex-boss to stay away from the company and all employees, but Mr. Meyers was trying to get him to take the truck. Mr. Meyers stated he was laid off and did not have the 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 shonid 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 will look into this fiuther. It appears the officer gave the wrong informarion; however, the officer is a representative of the City of Saint Paul and Yhe City wouid have to accept the mistake. She will check with the police department and make sure the police officer has the correct information to provide other cirizens. (Ms. Moermond recommendation is forthcoming.) 994 Reanev Avenue (J0401A) Ying Yang, owner, appeared and stated he received the letter in the maii and would 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 Itice Street (J0401A) Pavei 7.akharov, 1b91 Seventh Street East, owner, appeared and stated this is a rental. He would like to see the videotape. The tenants said they took care of it. (A videotape was shown.) After looking at the videotape, Mr. Zakhazov said "Alright." Ms. Moermond recommends approval ofthe assessment. MINI3TES OF THE LEGISLATIVE HEARING OF MAY 11, 2004 Page 14 1261 Seventh Street East (J0401� The landiord 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. Aazold Robinson reported that on September 16, 2003, the sununary abatement was issued: Lacks current license tabs, appeazs undriveable or inoperabie, 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 affirmative. 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, J040iB) The following appeared: Mercedes Henderson, owner, and Delores. Steve Magner reported this is a registered vacant building. That summary abatement 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 properiy on January 6. The house was secure and the garage was stili open. A boarding order was issued to the contractor. The contractor went out on January 8 and secured the garage. As for the sidewalk, a summary abatement was issued, it was mailed on December 31 with a compliance date of 7anuary 6. It was still icy when the inspector went back. Pazks went out on January 7. Ms. Henderson said Delores is at school, and Ms. Aenderson takes care of the property. There was no boarding by the garage. 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 garage was open to entry and needed to be secure. It was for $13.50 plus the service fees. It was minor. Ms. Henderson stated she is not always in that property. She warks in Saint Paul, but lives in Mendota Heights. Delores said that she received notice at her address in Atlanta, Georgia. In answer to a question, Mr. Magner responded there was a vacant building 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 guage. It is not an alley. Ms. Moermond recommends the following: J0401B - approving the assessment J0401A - reducing the total assessment from $83.50 to $1 plus the $70 service fees for a total assessment of $71. 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 Selby Avenue tJ0401A) Scott Bixby, 3030 Carey Heights Drive, Maplewood, appeazed and stated he brought the properry 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, Ae cleaned up whenever he went over there. He checked the mail at the property. He paid the properry tases. He would have taken caze 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 are a lot of personal goods stiil 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 will haue to inherit that one. Mazcia 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 approval of the assessment. 1972 Nokomis Avenue (70402A) (No one appeazed.) Marcia Moermond recommends approval of the assessment. MINUTES OF THE LEGISLATTVE HEARING OF MAY 11, 2004 Page 16 740 Strvker Avenue (J0401A) (No one appeared.) Mazcia Moermond recommends approval of the assessment J0304V1 Towing of an abandoned vehicte at 518 Ohio Street. (No one appeazed.) Marcia Moermond recoxnmends approval of the assessment. J0307BA Boarding up of a vacant building 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 appeazed.) Ms. Moermond recommends denying the appeal because the property is in compliance. The heazing was adjoumed at 12:40 pm. mt 671 Westem Daniel Carlson appeazed. His appeal was inadvertently put on the i:30 p.m. agenda. His appeal will now be heard on the May 25 Legislative Hearing at 130 pm.