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04-634City Of St_ Paul COUNC L FILE NO. O�� � I� RESOLUTION RATIFYING ASSESSIdENT By �� File No. SEE BELOW �jy��J�y�O-, �/°?�/c�UO� Assessment NO. SEE BELOW ��ff/�Gti PfJ� Voting � Ward In the matter of the assessment of benefits, cost and expenses for J0401A1 (8005) Summary abatement (Property clean-up) during the months of January and February 2004. LAID OVER BY COUNCIL ON 5-26-04 to 6-23-04 A public hearing having been had upon the assessment for the above improvement, and said assessment having been further considered by the Council, and having been considered finally satisfactory, tkerefore, be it RESOLVSD, That the said assessment be and the same is hereby in all respects rati£ied. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. COT3NCILPfiRSON Yeas Nays Benanav ✓ Montgomery ,i Bostrom r� Thune ✓ Harris ,�- Lantry ,�-Helgen �In Favor � Against Adopted by the Council: Date 3 � Certified Passes by Council Secretary F�TI ?��,,.� � Mayor �E � 9 �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �u,b�►�, NE�P���l� � 0-�3-0�/ v4-b3Ll � Department/o�ce/council: ; Date Initiated: � , Pw - ; og �� N _� , Green Sheet NO: 3018115 '�, Contact Person & Phone: + �� Bruce Engeibrekt '� � 26G8854 - 1 ' Must Be on Council Agenda by (Date): � ��23�0� 'P. /� i � � Assign Number For Routing Order 0 1 Sent To Person i Total # of Signature Pages _(Clip All Lowtions for Signature) ..� � This item was laid over by Council on 5-26-04 to 6-23-04, surrm�ary abatement (property clean-up) during the months of Jan and Feb ' 2004. File No. J0401Ai. idations: Approve (A) or Reject (R): Pianning Commission CIB Committee Givil Service Commission answer tne rouowmg uuesnons: �. Has this person/firm ever worked under a wntract for this department? Yes No 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 current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet �, Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � ; Property owners or renters create a health hazard at various times throughout the Ciry of Saint Paul when their property is not kept up. I The City is xequired by City code to clean up the property and charge the pioperry owneT foz the cost of the clean up. I AdvanWpeslfApproved: , i Cost recovery programs to recover expenses for sunm�ary abatements, grass cutting, towing of abandoned vehicles, demolitions, � garbage hauling and boaidings-up. , ' DisadvanWSes If Approved: ', None � DisadvanWges If Not Approved: If Council does not approve these charges, general fund would be required to pay the assessment. V 4Transaction: �65 Fundinp Source: CosVRevenue Budgeted: Activitv Number: Pinancial Information: (Explain) 3 property owners will be notified of the public hearing and charges. /!!?�i�5�ia/�/P�fs �%?-�/d� June 23, 2004 City Council Action Minutes D� G �� Page 8 41. Resolurion Ratifying Assessment - 04-634 - In the matter of the assessment of benefits, cost and expenses for summary abatements (property ciean-up) during January and February 2004. (Laid over from May 2� (Legislative Hearing Officer recommends the following: 932 Iroauois Avenue (J0401A) - deleting assessment; 1591 Tavlor Avenue (J0401A) - approving assessment; 1695 Burns Avenue (J0401A) - approving assessment) Adopted as amended (per the recommendation of the Legislative Hearing Officer Yeas - 6 Nays - 0(Benanav not present for vote) City of St_ Paul Rea1 Estate Division Dept. of Technology & Management Serv. REPORT OF COMPLfiTION OF ASS73SSMENT COUNCIL FILE NO. File No. SEE BELOW Assessment No. SEE BELOW as/- c�� Voting Ward In the matter of Che assessment of benefits, cost and expenses for J0401A1 (8005) Summary abatement (Property clean-up) during the months of January and February 2004. LAID OVER BY COUNCIL ON 5-26-04 to 6-23-04 To the Council of the City of St. Paul The Valuation and Assessment Engineer hereby reports to the Council the following as a statement of the expenditures necessarily incurred Eor and in connection with the making of the above improvement, viz: Total costs Summary Abatement Charge-Code Enforcement Real Estate Service Charge TOTAL EXPEI3DITLiRES Charge To Net Assessment $555.00 $ $150.00 $ 60.00 $765.00 $765.�0 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of 5765.00 upon each and every lot, part or parcel of land deemed benefitted by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereon as may be considered proper. 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[a � N H W�-i (] i F( N La � w�z�� aNz�aa�amz ���namz � ��.�wMFina�wa���a �z�F�a O i t]C. rncn a x i� W N x+ � E',-+m+ � � • W W 11 W (n [� II a�a �� woxn a � u ll aUU ii q W H II E x>no � V W il [-� W W II ma�nnF il U aaanw aaauh 000ii E H E n w m a w U �i a F CL � w x w 0 � a w U � a M d� ,c�� d�/�3� �� �. • Date: June 8, 2004 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAtR, CONDENINATIONS, AND ABA'TEMbNT ASSESSMENTS Legisiative Hearing Officer LegislaYive $earing Of�cer �1. Laid over summary abatements from the 5-26-04 City Council meeting: 932Iroquois Avenue (304fliA) Le,gislative Aearing Officer recommends deleYing the assessments. 1695 Burns Avenue (J0401A) Legislative I3earing Officer recomuiends approval of the assessment. 1591 Taylor Avenue (J0401A) Legisiative Hearing Officer recommeads approval of the assessment. 2. Summary Abatements: J04fl1E Excessive consumption of inspection services for property code violations; J0402A Property cleanup during March 2004, Note: 604 Oakdale Avenne will be discussed with 1591 Taylor (Item 1). 287 Annanolis Street East (J0402A) Legislafive Hearing Officer recommends laying over to the June 22 Legislative Hearing. 604 Oakdale Avenue (J0402A) Legislative Aearing Officer recornmends delefing the assessment. 636 Central Avenue West (J0402A) Legisiative Hearing Officer recommends deieting the assessment. 795 Edmund Avenue (J0401E) Legislative Heazing Officer recommends approval of the assessment. 63S Fuller Avenue (J0402A) Legislative Hearing Officer recommends approval of the assessment. fi71 Fuller Avenue (J04fl1E) Legislative Hearing Officer recommends spreading the payments of the assessment over a five yeaz period. 874 Gorman Avenue (J0402A) Legislative Heazing Officer recommends approval of the assessment. �._ - -- - __.,-,.. .._.__._.__.___-------------- -4-- - �-�� � � ��<�03� MINtJTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVF,/REPAIR, CO23DEMNATTONS, AND ABATEMENT ASSESSMENTS Tuesday, June 8, 2�04 Room 330 City Hall, I S West Kellogg Boulevazd Marcia Moertnond, Legislafive Hearing Officer The hearing was called to order at 10:00 a.m. STAFF PRESb23T: Andy Bawkins, Neighborhood Housing and Property Improvement (NHI'�; Steve Magner, NHPI; Aazold Robinson, NHPI; Steve Rice, Planning and Economic Development � Laid over summary abatements from the 5-26-04 City Council meeting: � 932 Iroquois Avenue (J0401A) Duane Renville and a friend appeared. Mr. Renville said he bought the property in October 2003. There is confusion about the picket fence that crossed both properties. The snow that was removed was from the other property. (They showed photographs to Ms. Moermond.) (A videotape was shown.) Harold Robinson reported that the inspector went out on February 10 for a sumniary abatement. Notice was sent to Adam and Valerie Bahr at 932 Iroquois and to Occupant at the same address. Ms. Moermond recommends deleting the assessments, as the owner did not receive proper notice. � 1695 Burns Avenue (J0401A) Marcia Moermond stated this looks like the City packed np a discarded water heater. The appellant responded she was hying to figure out where she could dump it. She tried to figure out ways to get rid of it. Ms. Moermond asked what she is looking for. The appellant responded a mistake was made. She has never been in this situation before. Ms. Moermond asked is there record of the appellant contacring Code Enforcement (NHPn. Hazold Robinson responded there is nothing in the file. The inspector said there was no phone listing for the owner. The appellant got notice from the City that she needs to take caze of this, said Ms. Moermond. The appellant concurred and added that she was having problems with her husband. Ms. Moermond recommends approval of the assessment. She asked is the appellant in a position of financial hardship. The appellant responded she will pay the bill when she gets it. ---.-- .. _.,- - -----,__ _---___--____.__--- _,_...!___.__..__ �.._----.---.___------- - -- O� C�3�-( LEGISLATNE HEARING MINUTES OF NNE 8, 2004 Page 2 1591 Taylor Avenue (J0401A) (Note: 159i Taylor Avenue and 604 Oakdale Avenue were discussed in tandem. Both aze owned by tt�e O�ords.) V. George Oacfard, owner, appeared and stated he owns both 1591 Taylor and 604 Oakdale. He requested to see the videotape on 1591 Taylor. {A videotape was shown on 1591 Taylor Avenue regazding snow and ice.) Mr. Oxford expiained that he was out of town and he hired people to do tlie work there. He requested Ya see the videotape on Oakdale. (A videotape was shown on 604 Oakdale Avenue twice.) Mr. Oxford explained that is not his properry. It is in front of the retaining wall next door. Harold Robinson reported that notice was sent to V. George Oxford, Jr., 2305 Linwood Avenue East, Maplewood, and Occupant at 604 Oakdale. Ms. Moermond stated it looks like that is a different property. Mr. O�'ord responded his building sits on a 1u11 and he has garbage service in the back, He cannot picture his tenants hauling a couch down 50 stairs to put it on the curb when they can take it 20 feet out back and put in container. Ms. Moermond recommends the following: 604 Oakdale - deleting the assessment because the owner did not receive proper notice and Mr. Oxford is not the owner. 1591 Taylor - approvai of the assessment. Resolu#ian ordering the owner to remove or repair the property at 635 Western Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). Lawrence P. Zielke, Attorney at Law, Shapiro and Nordmeyer, 7300 Metro Boulevazd, Suite 390, Edina, appeared. Ms. Moermond stated she understands that Mr. Zielke was hired to fanish the foreclosure and Wa11y Nelson was inYerested in purchasing the properry for a rehabilitation. It has been referred back to the Legislative Hearing because the five week redemption period is complete. Mr. Zielke responded he did not know he was appearing on 635 Westem this moMlna. It may have happened that Mr. Nelson purchased the property and it would be his responsibility at that point. ,-____.,______..._---____...------ -----__�--_____..l._.....____�. - ___.__,.__.__. .____ --- _ -- �� ��� LEGISLATIVE HEARING MINUTES OF NNE 8, 2004 Page 3 Steve Magner reported that it is his understanding that it has not changed hands and Mr. Zielke is waiting to go to the sheriffs sale and start the five week redemption. It was laid over to see if Mr. Ziellce was going to sell it or acquire the certificate. Mr. Zielke said he will call his o#�ice. (This property was discussed iater in the hearing.) Summary Abatements: J0401E Excessive consumption of inspection services for properiy code violations; J0402A Property cleanup during March 2004. Note: 604 Oakdale Avenue will be discussed with 1591 Taylor (Item 1). 287 Annapolis Street East {30402A) (Steve Rice provided interpreting services for ttus property.) Ms. Moermond stated that the city did not receive the information in time. Tlus will be rescheduled to June 22, 10:00 a.m. Isabel Sosa, owner, appeared and stated the tenants did not pass on information to her. Ms. Moermond recommends laying over to the June 22 Legislative Hearing and the June 23 Caty Council Meeting because the file is not available on ihis properry 604 Oakdale Avenue (J0402A) {See minutes for 1591 Taylor Avenue.) Marcia Moerxnond recommends deleting the assessment. 636 Centrai Avenue West (30402A) Marcia Moermond stated ihis is regarding bags of yard waste that were picked up by the City. Jessica Burton, owner, appeazed and stated these aze the bags that cover up her flowers and tulip beds. There were four bags. They called the inspector when they got the first order. Jack Reazdon (NHPI inspector) said to move them to the back yazd. They were moved onto the deck. The City workers came into the yazd, came onto the deck, removed four bags of what she covered the tulip beds with. Harold Robinson reported there is nothing in the file as faz as notes regazding phone conversations. He said that he would cail off the work order, said Ms. Burton. o� �3� LEGISLATIVE HEARING MINUTES OF JUNE 8, 2004 Page 4 Andy Dawkins explained that he spoke to the properiy owner's father and Mr. Reardon. Mr. Reardon said he would drop the work order. Ms. Moermond recommends deleting the assessment because the owner received information from Code En#'orcemeut that the work order would be called off. She also requested that these conversations be recorded in the fiie for the property, so that information is consistently available. 745 Edmund Avenue (30401E) (No one appeared to represent the properly.) Mazcia Moermond recommends approval ofthe assessment. 636 Fuller Avenue (J04U2A) (No one appeared to represent the property.) Marcia Moermond recommends approval of the assessment. 671 Fuller Avenue (J0401E) Oleatha Curtis, owner, appeazed and stated she has not been staying at the properiy because of some tenible things that had happened to her. She did not know anykhing about the papers regarding this issue until her brother showed her. She tried calling the inspector many times to say that her brother did what he was supposed it. People put refrigerators, bikes, etc. in the alley and yard. She cannot afford to remove it. She survives on $75 a month. She goes ttarough crises. She has five children and she is single. She is still not back home yet. Ms. Moermond stated the problem was broken windows and torn screens. Mr. Robinson stated fhere is n4 record of phone calls. (Mr. Robinson showed the first order to Ms. Moermond.) Ms. Curtis stated no one is staying at the house currently. She has not been there and has proof of that. Ms. Moermond responded that Ms. Curtis is still responsibie for her properry. Ms. Moermond recommends spreading the payment of the assessment over a five-yeaz period. If Ms. Curtis was a victim of crime, then there may be assistance from a community organizer to help, This is a$70 assessment because inspectors were sent out so many times. Ms. Moermond can recommend it be divided up to five yeazs. The interest rate is 4.5%. Ms. Curtis stated sometimes she gets upsets and she puts it in the alley. She does not know what to do because it is not hers. c��- e�� LEGISLATIVB HEARING MINUTES OF JUNE 8, 2004 874 Gorman Avenue (J0402A) (No one appeazed.) Ms. Moermond recommends approval. 437 Minnehaha Avenue East (J0401E) (No one appeazed.) Ms. Moermond recommends approval. 755 Pierce Butler Route (J0402A) Page 5 Victor Vazquez, owner, appeared and stated he moved into the house. He put four tires in the back. He thought the po]ice took them, but his neact door neighbor told him the City took it. Mr. Robinson reported that notice was sent to a Lonaine on March 4. Mr. Vazquez responded he bought the house on Mazch 1 on a contract for deed. Ms. Moermond recommends delering die assessment as the owner was not properiy notified. Mr. Rob3nson suggested the owner get his name on the deed of the property. 1784 Minnehaha Avenue West (J0402A) Ms. Moermond stated rubbish, junk, and discazded carpet were removed from the yazd. Joe Letourneau, owner, 1816 Arona Street, appeazed and stated the upstairs was rented to someone for 18 yeazs. He moved out and another man moved in, who is a carpet layer. Mr. Letourneau told him that the carpet could not be there. This person had to be evicted. If Mr.Letourneau is awaze of junk in the back of his property, he gets rid of it. He went by the house and ii was cleaned up. (A videotape was shown.) Mr. Letourneau said his paperwork says the items have to be out of there by March 2. He went by on Mazch 1. The file cabinet and other items were put out between March 1 and 8. Ms. Moermond responded the City was there on March 3 and the work crew went out on Mazch 8. Mr. Robinson added that the inspector noted in the file that the owner called to say the work was abated, the inspector went there, and there were still things in the backyazd. The only difference was some things were moved to the trailer. The inspector called and left a message that the work order was being sent. - -----__..- __. �_--. - _.�---�—.-_._._.t__�__.___�_.___:_,__.,.____. ._____ .._ _ - - � �-C���{ LEGISLATIVE HEARING MIN[JTES OF JUNE 8, 2004 Page b Ms. Moermond recommends approval of the assessment. In answer to a question about spreading it over five years, Ms. Moermond said that there has to be financial hardship in order for her to recommend that. 779 Aurora Avenue (J0402A) Steve Magner reported the inspector went to the property on the Mazch 16. T4ns was a sweep of the area. The summary abatement was mailed on the Mazch 17 to Rex Bryant Jr. and Michelle Clazk and to Rex Bryant Jr. at 3026 36� Avenue South, Minneapolis. On March 23, reinspection was done. There was trash and refuse along the property line in the alley. An eartension was granted to the 29�. The Ciry did the work on the 3Qtfi for a cleanup. The following appeazed: Jane Strauss and Rex Bryant. Michelle C1azk's sister lives there and has a different standard of cleanliness, said Ms. Strauss. Michelie triad mulriple times #o get a call back from a previous inspecior. The initial order was a garaae that needed paint. (A videotape was shown.) Ms. Strauss says she has documentation that a dumpster was ordered. Michelle said she had finished putting things in the dumpster. The toy parts in the videotape was in the dumpster, as Ms. Strauss put them in herseif. They were on their way to Iowa when this was done. The dumpster was delivered on March 25 and there until Aprii 1. Ms. Moermond asked far an explanation of the area between the fence, the pavement, and the alley. Mr. Magner responded that some,of the items were in the alley between the chain link fence and the asphalt or oiled alleyway. This was an area sweep so they were being especially picky about picking up everything. They wrote up 3/4 of the alleys. The toy was not in the dumpster. Tlus was a vacant property for over six years and people have been asked repeatedly to take care of the properry. Ms. Strauss responded that before she le8 town on a Friday, she put that toy in the dumpsier herself. Mr. Bryant asked where the boundaries aze. Mr. Robinson responded if it is in the middle of the a11ey, Public Works is sent to pick it up. Tf it is on either side of halfway or closer to the edge, it is the property owner's responsibility. Ms. Straus responded she wouid like a write-up of everything that is moved. Ms. Moermond asked is there an issue going on with Michelle. Ms. Strauss responded they aze in the process of getting the properiy on the market. Michelle has no ownership anymore. Mr. Bryant said some af the nightmaze is Mr. Bryant and Michelle not understanding what is necessary. The neighbozs are a nightmaze. Ms. Moermond asked have supportive housing services been notified. Ms. Clark responded they have looked at that, but they have not convinced her of that -- --- —__--- ---__----__ _� a.-_.___v.__. _.___._ , . o �-�-�� LEGISLATNE HEARING NIINUTES OF NNE 8, 2004 Page 7 Mr. Bryant stated in short they ordered the dumpster, he picked things up. Ms. Moermond responded she wouid like them to check with Real Estate about getting a disability deferment on an assessment. This deferment would make the assessment not due until the point of sell. They should check in i#. Diherwise, it can be divided over five years. (Decision forthcoming) 876 Cook Avenue East (J0401A) {No one appeared.) Ms. Moermond recommends approval. 437 Minnehaha Avenue East (No one appeared.) Ms. Moermond recommends approval. 694 Siath Street East (70402A) (No one appeazed.) Ms. Moermond recommends approval. 1515 Virginia Street (J0401E) (No one appeared.) Ms. Moermond recommends approval. 515 York Avenue (J0401A) (No one appeared.) Ms. Moermond recommends approval. Continued from earlier in the meeYing: Resolution ordering the owner to remove or repair the property at 635 Vt'estern Avenue. If the mvner fails to comply with the resalution, Code Enforcement is ordered to remove the building(s). (Laid over from 4-13-04) Mr. Zielke stated he is not the attomey handling this. He reached the attorney handling the foreclosure on this properiy. A foreclosure sale was held on May 21. It is subject to court � �� ��� LEGISLATIVE HEAIZING MINLTTES OF JLJNE 8, 2004 Page 8 confinvarion. Once Yhe court signs the order confinning the sale, the redemption period commences. Ramsey County has a policy that the judges do not heaz five week redempfions. The sununary abatement notices sent to his office were sent to his client, who sent the work order to a general contractor. Ms. Magner responded two sutnmary abatemen#s have been issued since the last hearing. Mr. Magner was there 7une 1 and the City did the boazding. Ms. Moermond asked what kind of time lines are involved. Whenever the judge signs the order, answered Mr. Zielke, the foreclosure can be concluded in eight weeks. In addifion, Mr. Nelson has made an offer on the property and that is still on the table as a possibility. That is not been consuinivated yet. Mr. Zielke's client is conuinced the property still has some value. Ms. Moermond recommends amending the resolution to remove or repair the property in 30 days instead of 15 days. Resolution ordering the otyner to remove or repair the building(s) at 906 Duchess Street. If the o�vner fails to comply with the order, Neighborhood Housing and Property Improvement is ordered to re�x►ove the building(s). (Laid over from 5-26-04 City Council Meeting) Lawrence P. Zielke, Attorney at Law, Shapiro and Nordmeyer, 7300 Metro Boulevard, Suite 390, Edina, appeared. Mr. Magner stated this went to Council and the Council decided to bring this back to legisiative hearings. There was notification and calls prior to the Council. Mr. Zielke contacted the office and asked for it to be laid over. Mr. Zielke stated his client has not been given formal notice of this procedure. In the meantime, his client has had work crews out to the property. The service is Home Comings. Ms. Moermond responded it appears on the paperwork that they have been notified. Mr. Zielke stated his client has had difficuity in getting the assignment of mortgage. They aze prepazed to commence to foreclosure and do a five week redemption. They aze prepazed Yo complete the foreclosure. They have filed a vacant building registration form and paid the fee. Ms. Moermond stated he has not applied for a code compliance inspection and is it because his client does not have access to the property. Ms. Zielke responded his client does not own the property at this point. They can have a code compliance done. Ms. Moermond stated she will not grant 180 days granted until there is an inspection. Mr. Zielke responded it would take eight weeks to get to sale and five week redemption for a best case scenario. �� ��� LEGISLATIVE HEARING MINUTES OF 7iJNE 8, 2004 Page 9 Ms. Moermond stated it was condemned January 2004, so it was on a faster track to the legislative hearing process than some properties. Mr. Magner explained that it was vacant longer than that. The building was condemned because they were called there on a water leak. The building was abandoned and the utilities shut bff except for the water. It froze, leaked all over out of the building, sidewalk, street� The water utility went out #here. There may be a mold problem present_ Ms. Moermond stated she is concerned about the mold. It will be impossible to do rehab if it goes too long. Mr. Zielke and his client need to look at the buiiding to see if it is financially able to be rehabbed. Ms. Moermond recommends laying over to the June 22 hearing and the June 23 City Council Meeting. If they get the code compliance inspection, the client can decide what to do. Mr. Magner told Mr. Zielke how to schedule an inspecdon. APpeal of Summary Abatement Order at 4b9 WhitaIl Street. Ken Johnson and Steve Johnson, appeazed. Ken Johnson stated he was calied for grass being too long. He asked how long the grass can be before it is cited in Saint Paul ordinances. Sieve Magner responded eight inches. (Ken gave Marcia some photographs.) Ken Johnson said he has a stack of about 30 properties where the grass is longer than he does. He did not fin� any citations against them. If you get too many of these, they go against your property. Ms. Moermond asked the cause for the inspecrion. Mr. Magner responded it was a monitoring inspection. This is a registered vacant building. The inspector went out, noticed the grass was long, and was instructed to issue a summary abatement because it was longer than eight inches. Ms. Moermond asked would it be subject to excesslve consumption of code enforcement services. Mr. Magner responded not for the monitoring reinspection. The Johnsons responded it is not legally registered yet because it is in district court. Steve Johnsc3n said he cut the grass on May 7 and #hen cut it on May 20. The lot next to him belongs to the City and that grass is 12 to 14 inches iugh and it was not cut untIl the 28th. None of the properties around that azea were cut. There was 26 days of rain in a month, asked Mr. Johnson, how would a person cut the grass. Mr. Magner stated it is a registered vacant building. The grass was in violation which is why Inspector Kalis issued the order. Mr. Magner also ordered Mr. Kalis to issue an order to the Q `�--to3 `� LEGISLATIVE HEARING MINUTES OF JUNE 8, 2004 Page 10 adjoining property, which appazently the City owned. The City tried its efforts to address both parties. Ms. Moermond stated there aze a lot of cazs exceeding the speed limit. If a cop stops a person for exceeding the spe�d limit, it does not make it right that others were speeding as well. The Johnsons responded that they were disputing the length of the grass. The City does not have proo£ Ms. Moermond recommends denying the appeal as the inspector's file is sufficient from her perspective to order the lawn abated. The Johnsons responded they will appeal in district court forthe grass. Resolution ordering 2he o�vner to remove or repair the building(s) at 837 Fourth Street East. If fhe owner fails to comply with the resolution, Code Enforcement is ordered to remove the building(s). (Steve Magner submitted photographs.) The following appeared: Bill Hammes 10105 Tenth Street North, Lake Elmo; Bob Blackwell, 333 East 22nd Street, Minneapolis; and Dorothy Lyons, 10072 Tenth Street North, Lake Elmo. Ms. Moermond stated she has a purchase agreement that showed he purchased the properiy for $22,000. Mr. Blackwell responded that is correcT. The property has been transferred but not filed yet. Ms. Moermond asked was this an arms length transaction. Mr. Blackweli responded he put down $1,000 and plans to pay $22,000 after it is 95% complete, which it is now. He was going to pay the balance through a different contract. Ms. Moermond stated she does not understand what is going on. T'he last she heard, it was further behind in the rehab. Mr. Biackwell responded it is almost done now. The sheetrock is in. Building, eiectricai, and plumbing Snspectors have been in. Mr. Magner added that all work had Yo be ceased after tha $2,000 bond was forfei#ed on May 4. Jim Seeger (LIEP) red tagged that properry. A new bond is needed and new permits. Ms. Moermond asked is he aware of this. Mr. Blackwell responded he is not. There is not a red tag on the building. Ms. Moermond asked is anyone awaze that #heze is a stop work order on the property. Mr. Hainmes and Ms. Lyons aiso responded they have not seen it. Mr. Blackwell stated the property is up to code. Everything they asked the Hammeses to do is now done. Mr. Magner responded that he was at the properry on June 18. The property was not in compliance at that time. C��-C��� LEGISLATTVE HEARING MII�IUTES OF JIJNE 8, 2004 Page 11 Mr. Blackwell said it is up to code. Ms. Moermond responded it is not up to code until the City says it is up to code. It was required to have a code compliance inspection, which listed a number of things wrong with the building. There aze no open building permits on this building. A bond needs to be posted again and permits pulled. Ms. Moermond needs an inspector to say it is code compliant Mr. Blackweil asked how he goes about doing these things. Mr. Magner responded that Rachel Lyons is sflll recognized by the owner. She is deceased. It is assumed that she would have bequeathed her possessions to her son, who would have been Dorothy Lyons' husband. He is deceased, which leaves Ms. Lyons as the next heir. Mr. Magner asked Ms. Lyons yesterday if the properry has been probated. The Legislafive Hearing Officer brought up the issue of getting this probated on 7uly 22, 2003, on the original legislative hearing. Dorothy Lyons and her son Wiliiams showed up and it was discussed specifically that the property needed to be probated, the bond needed to be posted, and permits had to be obtained. Dorothy Lyons stated there were inspections made before the properiy was sold. There is a lot of progress. Ms. Moermond stated the last inspector said it was further behind. Mr. Blackwell asked was it possible to posi another bond and take a permit to get the building inspectors in and he asked about the code compliance inspection. Ms. Moermond responded that is the ideal. She will recommend that the bond not be accepted from anyone but the owner. He is required to have a truth in the sale of housing or a code compiiance inspection to transfer from one party to the next. She asked was that provided in this transaction. Mr. Blackweil responded he did not receive it, but it is not Ms. Lyons' fault. Mr. Magner stated if it is sold without a huth in housing then the City would have to enforce that. Tfie seller needs to provide that to the buyer. Mr. Blackweli responded he will have it probated and filed this week. Ms. Moermond recommends laying over to the June 22 Legisiative Hearing and the June 23 City Council Meeting. She will be looking for a work program so that Mr. Biackwell understands the magnitude of what is required in this situation and has a viable plan to complete the rehab of the property. That plan would be based on a Code Compliance Inspection. He needs to work with LIEP to see if the exisring inspection is sufficient or a new inspection needs to be done. Mr. Blackwell responded the property is completed already. The hearing was adjourned at 11:47 a.m. rrn 2024 Bush Avenue - unable to find in the list of addresses. No one appeared. Ms. Moermond recommends approval of the assessment. + - � 0 0 � 0 c E 4 6 ° c � {si () C � a `� z F v [ L � �] Q z �¢o aE_ F yQ 'c e�F 's. � O v] F=a � U W � � F � R O e. 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