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04-6745� Council File # V'l��f.� Green Sheet # �1��5 ` RESOLUTION Presented By Referred To 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, single family dwelling with a detached, rivo-stall, wood frame 4 gazage located on property hereinafter referred to as the "Subject Property" and commonly known as 1005 S Sherburne Avenue. This properiy is legally described as follows, to wit: 6 Lot 10, Block l, University Subdivision of Lots 1, 2, 3 and 8, Hyde Park, Ramsey County, 7 Minnesota. 8 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information 9 obtained by Neighborhood Housing & Property Improvement on or before January 25, 2004, the 1 O following are the now known interested or responsible parties for the Subject Property: Donna L. Kunde, 11 1005 Sherburne Avenue, St. Paul, MN 55104-2608; Lawrence A. Wilford, James A. Geske, Eric D. Cook 12 and Anna M. Burgett and Wilford & Geske, PA, 7650 Currell Blvd., Suite 300, Woodbury, MN 55125; 13 U.S. Bank National Association, 950 17th St # 35Q Denver, CO 80202; Martin Kunde, 1005 Sherburne 14 Avenue, St. Paul, MN 55104-2608; Martin Kunde, 760 Birch St. #4, Baldwin, WI 54002 15 16 17 18 19 20 21 22 23 WHEREAS, Neighborhood Housing & Property Ixnprovement has served in accardance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated Apri121, 2004; and WHEREAS, this arder informed the then l�own interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by May 21, 2004; and WF3EREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and 24 WHEREAS, this nuisance condition has not been corrected and NeigJiborhood Housing & 25 Property Improvement requested that the City Clerk schedule public hearings before the Legislative 26 Hearing Officer of the City Council and the Saint Paul Ciry Council; and 27 WHEREAS, the interested and responsible parties haue been served notice in accordance with the 2 8 provisions of Chapter 45 of the Saint Paul Legislative Code, of the 6me, date, place and purpose of the 29 public hearings; and AA-ADA-EEO Employer 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul C ty �� 2 Council on Tuesday, June 22, 2004 to hear testimony and evidence, and after receiving testimony and 3 evidence, made the recommendation to approve the request to order the interested or responsible parties 4 to make the Subject Froperty safe and not detrimental to the public peace, health, safety and welfaze and S remove its blighting influence on the community by rehabilitating tlus siructure in accordance with all 6 applicable codes and ordinances, or in the altemative by demolishing and removing the structure in 7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to 8 be completed within fifteen (15) days after the date of the Council Hearing; and 9 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 7uly 7, 2004 1 O and the testimony and evidence including the action taken by the Legisiative Hearing Officer was 11 considered by the Council; now therefore 12 BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced 13 public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming 14 the Subject Property at 1005 Sherburne Avenue: 15 16 17 18 19 20 21 22 23 24 25 26 27 2. 3. 4. 5. 6. That the Subject Property comprises a nuisance condition as defined in Saint Paul I,egislative Code, Chapter 45. That the costs of demolirion and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Properiy. That an Order to Abate Nuisance Building(s) was sent to the then laiown responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condifion ha�e not been corrected. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been rourinely monitored by Neighborhood Housing & Property Improvement, Vacant/Nuisance Buildings. 28 8. That the known interested parties and owners are as previously stated in this resolution and 29 that the norification requirements of Chapter 45 have been fulfilied. 3 O ORDER 31 The Saint Paul City Council hereby makes the following order: 32 1. The above referenced interested or responsible parties shall make the Subject Property safe and 33 not detrimental to the public peace, health, safety and welfare and remove its blighting influence 34 on the community by rehabilitating this shucture and correcting all deficiencies as prescribed in 3 5 the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes 3 6 and ordinances, or in the alternative by demolishing and removing the structure in accordance 3 7 with all applicable codes and ordinances. The rehabilitation or demolition and removal of the 3 8 structure must be completed within fifteen (15) days after the date of the Council Hearing. 39 40 2. If the above corrective action is not completed within this period of time Neighborhood Housing 41 & Property Improvement is hereby authorized to take whatever steps are necessary to demolish 42 and remove this sriucture, fill the site and charge the costs incurred against the Subject Property 43 pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. .. AA-ADA-EEO Employer ��e�� 1 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 2 proper[y or fixtures of any kind which interfere with the demolition and removal shall be removed 3 from the property by the responsible parties by the end of this time period. If all personal property 4 is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and 5 dispose of such property as provided by law. 6 4. It is fiirther ordered, that a copy of this resolution be mailed to the owners and interested parties in 7 accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: Yeas Benanav � Montaomerv � Bostrom ` Thune ` Harris � Lantrv ,� Navs �Absent Neiahborhood Housinq ProAertv Improvement /^' By: �., � Helaen � � � i/ I � � / Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by By: Form Approved by City Attorney By : �� .. n Mayor for Submission to Council �----- — BY Date � �� AA-ADA-EEO Employer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��1� DepartmenNOffice/council: Date IniUated: NH — NeighborhoodHousing/Property z��Y-� Green Sheet NO: 3017577 Contac[ Person & Phone• Denartment Sent To Person Initial/Date I Andy Dawkin5 � 0 ei hborhood Housio ro er � Z66"�9Z� ASSign 1 ei hborhoodAousin ro er De ar[mentDirector �� Must Be on Council qgenda by (Date): Number Z ' Attoroe 07JUL-04 �� For Routing 3 a or•s Ofii Ma or/ASSistant Ordef 4 � �� 5 ' Clerk Ci Clerk ToWI # of Signature Pages _(Clip NI Locations for Signature) Action Requested: City Council to pass tlus resolurion which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolurion, Neighborhood Hovsing & Property Improvement is ordered to remove the building. The subject property is located at 1005 Sherbume Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contrads Must Mswer the Following Questions: Planning Commission 1. Has fhis person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffvm 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 Ezplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): This buIlding(s) is a nuisance buflding(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 Imown to the Enforcexnent Officer were given an order to repau or remove the building at1005 Sherburne Avenue by May 21, 2004, and have failed to comply with those orders. �� AdvantageslfApproved: €� � Z��d� The City will eliminate a nuisance. ��* �� DisadvantageslfApproved: The City will spend funds to wreck and remove tlus building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. � Disadvantages If Not Approved: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. Total Amount of $000 CosURevenue Budgeted: �' Transaction: Fundinp Source: Nuisance Housing ActiviNNumber: 30251 „„ �tsfl��T�y ��P�?n� Financiallnformation: Abatement (ExPlain) 1�RP � O efoQd J !Y O L 9 (�(,-�a�1� REPORT Date: June 22, 2004 Time: 10:00 a.m. Place: Room 330 City Hail 15 West Kellogg Boulevard LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAII2, CONDEMNATIONS, AND ABATEMENT ASSESSMENTS Marcia Moermond Legislative Hearing Officer Note: Items 2 and 3 were on the June 23 City Council agenda. 1. Appeal of Notice of Condemnation and Order to Vacate at 955 Aurora Avenue. (Neighborhood Housing and Property Improvement) (Laid over from 6-i-04) Legislative Hearing Officer recommends laying over to the July 27 Legislative Hearing and the July 28 City Council Meeting. 2. Laid over summary abatement assessment from 6-8-04: J0402A Property cleanup during March 2004 at 287 Annapolis Street East. Legislative Hearing Officer recommends approval of the assessment. 3, Resolution ordering the owner to remove or repair the building(s) at 906 Duchess Street. If the owner fails to compiy with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (Laid over from 6-8-04) Legislative Hearing Officer recommends amending the resolution to remove or repair in 30 days. �/ 4, Resolution ordering the owner to remove or repair the property at 1005 Sherbume '�" Avenue. 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 laying this over to the July 13 Legislative hearing and the July 28 City Council Meeting. 5. Resolution ordering the owner to remove or repair the building(s) at 837 Fourth Street East. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (Laid over from 6-8-04) Legislafive Hearing Officer recommends the owner post a$5,000 bond, provide a work pian indicating how all the items on the Code Compliance Inspection Report will be completed, and monthly updates from the attomey. � DNiSION OF PROPERTY CODE ENFORCEMEM Andy Dawkins, Pragram Manager . CITY OF SAINT PAUL Randy C. Kelly, Mayar May 28, 2004 Nuisartce Buildirtg Code Enforcemert[ l600NorthWlu'teBearAversue Tel; 65I-266-l900 S¢inlPaul,� 55106 Faz: 651-266-1926 NOTICE OF PUBLIC HEARINGS Councii President and Members of the City Council OH- 4't�l Neighborhood Housing & Property Improvement , Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 1005 Sherburne Avenue The City Council has scheduled the date ofthese hearings as follows: Legislative Hearing - Tuesday, June 22, 2004 City Council Hearing - Wednesday, July 7, 2004 The owners and responsible parties of record aze: Name and Last Known Address Donna L. Kunde 1005 Sherburne Ave St. Paul, MN 55104-2608 Interest Fee Owner (deceased) Lawrence A. Wilford, James A. Geske, Eric D. Cook and Anna M. Burgett and Wilford & Geske, PA 7650 Cturell Boulevard, Suite 300 ti%oodbimr, Mmmesota �51?� � � $�_�i s�� E3 I �2�€St=� � CO ' ' Marrm %rmd� 1005 Sherb�mme AvQ St Paul, MN 55104-2608 Attorney for Mortga�e Company .�--• �.v.- �on ofF� Own�r / In �� `t��?��F� a.�rt�' �?��'1 '� � a:s�'�� aw-nnn ffo r�rtoyR 1005 Sherbume Avenue May 28, 2004 Page 2 Name and Last Known Address Martin Kunde 760 Birch St. #4 Baidwin, WI 54002 The legal description of this property is: �t-��1 Interest Son of Fee Owner / In possession Lot 10, Block 1, University Subdivision of Lots 1, 2, 3 and 8, Hyde Pazk, Ramsey County, Minnesota. Neighborhood Housing & Property Improvement has declazed this buildin�(s) to constitute a "nuisance" as defined by Le� siative Code, Chapter 45. Neighborhood Housin� & Property Improvement has issued an order to the then lrnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Neighborhood Housing & Property Improvement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Neighborhood Housing & Proper[y Improvement to proceed to demolition and removal, and to assess the costs incurred a�ainst the real estate as a speciai assessment to be collected in the same manner as taxes. Sincerely, Ie , , �� , Steve Ma�er Vacant Buildin�s Supervisor Neiahborhood Housing & Property Improvement �,-r; .:..: ., .... • ..;.z, M. . .�. _.. - �Tfe9l.tt � :i 1\ 1 � �ftt:lA �Jt[ - M2r}�EIIC�CSOII, ASSISt3IIt $ef.TCt3ty t0 U1C COtII1C11 � . u� - ' ..• .0 ' '�1��.� • �e � • �� a Y �� AA-ADA-EEO Ers�pioyer ^�� MINUTES OF THE LEGISLATIVE HEARING O�`�� ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, AND ABATEMENT ASSESSMENTS Tuesday, June 22, 2004 Room 330 City Hall, I S Kellogg Boulevazd West Mazcia Moermond, Izgislative Hearing Officer The hearing was called to order at 10:02 am. STAFF PRESENT: Steve Magner, Neighborhood Housing and Property Improvement; David VJeisberg, License, Inspections, Environmental Protection Appeal of Notice of Condemnation and Order to Vacate at 955 Aurora Avenue (Laid over from 6-i-04) The following appeared: Perry deStefano, Southern Miunesota Regional Legal Services, 166 Fourth Street East, Suite #200; Michelle Lee, owner; Patricia A. ?vIizu3, Aurora St. Anthony Neighborhood Development Corporation, 375 �ford Street North. Mr. deStefano stated #here were two pic#ure windows. There was � delay for two reasons: they had to raise money, and the windows were custom built. He has a document from the Selby Avenue Community Development Corporation that they will come up with the rest to do the windows. He has a receipt showing 8iat four windows were purchased and in the progress of being made. There are nine children in the house that would be homeless if it is vacated. It is a Habitat for Humanity house. The Csty would not want this home to faii and have nine children become homeless. Ms. Moermond asked the fime line for the tivindows to be installed. Ms. Minns responded it will be seven to ten days before the windows wili be ready. Someone is volunteering their time to install the windows. Mr. Magner stated that the effort of Mr. deStefano should be greatly appreciated in this case; howQVer, this would aniy being a siop gap measure untii something is done about the foreclosure of the mortgage. There is a July d3 sheriff's sale_ Mr. deSiefano responded this is not before the Legislative Hearing Officer today. There are same mortgage prevention programs, and the owner has until July 13 to reinstate the mortgage and until June 28 to catch up on the morigage. If emergency assistance canno# help, SMRLS wili agree to help. Mr. Magner stated there aze other issues besides windows that need to be addressed. Some aze minor issues relative to maintenance. Other violations were sanitation of the yard, house and building numbers, and storm doors. Mr. deStefano responded those are not major issues._ ACORN has a main#enance program to teach people how to do routine maintenance. Ms. Minns stated they aze working on a program to do landscaping. She asked did Ms. I,ee do some things. Ms. Lee responded yes. Ms. Moermond recommends laying over to the July 2'7 Legislative Hearing and the July 28 City Council Meeting. She is hoping that all these items will be addressed at that time. If the property is brought into compliance, she wiil recommend the condemnation appeal be granted. If ��-c-�-�� LEGISLATIVE HEARING MINUTES OF JUNE 22, 2004 Page 2 iPs not done, they will go ahead with the condemnation. (Mr. deStefano requested confu•mation from the inspector.) Laid over summary abatemenY assessment from 6-8-04: J0402A Property eleanup during March 2004 at 287 Annapolis Street East. (David Weisberg provided English-Spanish interpreting services for this properiy.) Marcia Moermond stated this is regazding discarded refuse in the yazd Maria lsabel Sosa, 287 Annapolis Street Fast, appeared and asked did the City aiso tow a large van and truck. ("I'here was discussion almut a blue van that was towed, which is a separate issue.) Ms. Sosa said she does not live at the properry; she rents it out. She talked to the inspector. He toid her to complete the form io rent the house. He also told her that she needs #o go to court. (A videotape was shown.) After seeing the videotape, Ms. Sosa said "ThaYs right." This is expensive, but she wants to pay it. She was wondering if the payxnents can be reduced. Ms. Moermond responded no, but the payments can be made over time. She asked did Ms. Sosa own the property in March 2004. Ms. Sosa responded they hava been the owners since 1996. Her brother lived there, and then he moved. They nevzr had any problems until they rented it ont. Ms. Moermond explained that it is the owner's responsibility to maintain the property. There is a one hour minimum chazge. Mr. Magner explained that $225 is the one hour minimum that Pazks and Recreation charges to go to the property. There are disposal chazges for the mattresses of $20, there was $42 for the amount of stuff removed. Every time the work order is done, it is $50 plus $20 for the paperwork. The assessment total is $357 Ms. Moermond asked does she want it spread over #wo yeazs. Ms. Sosa responded one or two months is a�l she needs. Ms. Moermond recommends approval of the assessment and explained that the City Council will ratify this issue tomorrow. Real Estate will send her a bill, the owner can pay part of it, and then pay more iater. Reso2ufion ordering the owner to remove ar repair the building(sj at 906 Duchess SYreet. If the owner fails Yo comply with the resolufion, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (Laid over from 6-8-04) Lawrence P. Zielke, Attorney at Law, 7300 Metro Boulevard, Suite 390, Edina, appeared and stated the Code Compliance Inspection was conducted and completed yesterday. He tried to get the report this morning. LEGISLATIVE HEARING MINUTES OF JtINE 22, 2004 1�eMS� ��-�� Page 3 SYeve Magner reported that a bond has not been posted yet. They aze waifing for the Code Compliance Inspection Report, which may be completed and on its way over here. Mr. Magner will have it today or tomorrow. Mr. Zielke stated they have an offer on the table. There has been some discussion between Mr. Neison and Home Comings. The client needs to see the result of the Code Compliance �nspection Report Between that report and the report from their field person, it will help the clien# better understaad the pic.Kure. Mr. Ziellce hopes to get this into the rehab mode one way or another. It sounds like it can be rehabilitated, but it will take a major investment. He would like more time besides tomorrow. On June 8, said Mr. Magner, Mr. Ziellce stated they were waiting for the assignment of mortgage. He is wondering if that has happened. Mr. Zielke responded he is working on it, as they have had problems getting an assignment from the proper prior investor. They have an assignxnent on the abstract portion af the property. That will be completed. It is just a matter of another week or two. Everything else is ready to go. When his office realized that his client was not going to get it done, Mr. Zieike's office paid for it to get done. Ms. Moermond recommends amending the resolution to remove or repair the property in 30 days. This should work to convince the ciient of the seriousness of this matter if Mr. Nelson or Home Comings acquires #he property in the interim. Ms. Moermond will also be looking for a work plan so they know the magniiude of what they are taking on, and evidence of financial wherewithal to complete the job. If a serious offer is made for this property, she will change her recommendation. Mr. Zielke requesYed a copy of the code compliance inspection report. � Resolution ordering the o�vner to remove or repair the property at 1005 Sherburne Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Steve Magner reported that this is a#wo story single family dwelling with a two stall gazage. Ths listed owner is Donna Kunde, who they believe is deceased. The building was condemned in March 1996 by Public Health and has been vacant since April 1996. There have been three sunnnary abatement notices as follows: 1) remove refuse and gazage, 2) remove refuse cut tall grass/weeds, and repair deteriorat�d garage, 3) remove mattress and furniture from gazage area. On Apri19, 2004, an inspection of the buiiding was conducted, and a list of deficiencies which constitute a nuisauce condition was deveioped. An Order to Abate a Nuisance Building was issued with a compliance date of May 21, 2004. As of this daxe, the property remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building registration fees are due. A citation was issued for failtu�e to pay the vacanY building fee. Real . estate taxes are unpaid in the amount of $699.10. TaYation has placed an estimated mazket value of $i37,$00 on the buiiding and $39,800 on the land. A Code Compliance Inspection was done on February 2, 1998. As of June 1, 2004, the $2,000 bond had not been posted. The estimated cost to repair is $65,000; estimated cost to Demolish, $7,000 to $8,000. There has been a foreclosure proceeding against the homeowner by U.S. Bank National Association, which has a mortgagee's lien on the property. This is a resolution to remove or repair the shucture in 15 days. c��- c��{ LEGISLATIVE HEARING MINUTES OF JUNE 22, 2004 Page 4 Ms. Moermond stated the code compiiance inspection was done February 1998. She asked have the conditions changed substanfially. Mr. Magner responded it is hazd to make that detennination. They went through the property on June 26. Jim Seeger (License, Inspecdon, Environmental Protection) will need to go through the property and detail items more. The following appeared: Martin Kunde, Donna Kunde's son; and Anna Burgett, Wilford and Geske, PA, 7650 C�rrell Boulevazd, Suite 300, VJoodbury, Minnesota Mr. Kunde stated Donna Kunde is deceased as of June 11, 2003. Mr. Kunde is in possession of the progerty, but it is not in his name yet The properiy is not as bad as Mr. Magner is saying. The heaith department came in without authority and told Mr. Kunde to get an inspection. An inspector came out and did the inspection. The inspecrion list is probably half of what they have now. It needs a roof. Everything has been repaired on the inside. Ms. Moermond asked his plans. Mr. Kunde responded to refinance the house in his own name and bring it up to code. His pazents lived there for 32 yeazs and both died there. Ms. Burgett stated that she is representing Oakland. They are in the beginning of the foreclosure process. They would like to be made aware of the most recent report. She would like to make sure her client has the most up to date list. Mr. Magner stated �at NI-IPI would like to see someone contact LIEP and pay for a new inspeciion. These inspection reparts are generally good for a yeaz. Another list needs to be done. Once tha# is done, a$2,000 bond needs to be posted. There were a number of violations that were never signed offby pernut. This has been a long ongoing issue. Ms. Moermond asked the time period for t3ie Summary Abatement Orders: Mr. Magner responded June 2003, October 2003, October 1999, Apri12000. Some have had work orders. Ms. Moermond stated this has been a vacan# building for a long time. This building is a Category III, which is the worst kind. $ecause it is a registered vacant building, the owner will have to post a$2,UOfl bond to puli permits. She asked has he wntacted an attorney. Mr. Kunde responded yes. He has not initiated paperwork yet. Mr. Kunde is the only child. The attorney said it has to go through court. Ms. Moermond sta#ed this has been around a long time and not addressed. It has to go through probate far a name change. 'fhe City has had #o issue orders to maintain #he eacterior property. The vacant building fees have not been gaid. The real estate t�es have not been paid. There is a pending foreclosure. 'These signs indicate he does not know what he is getting into because the property is nat being taken care o£ Mr. Kunde said that "Harold" who runs the "Force Block Club" came into the house. Harold told him not to fight about this. They were allowed to live in the house at the end of every yeaz. Mr. Kunde thought he had to occupy it to get out from under the vacant buiiding classificafion. LEGISLATIVE HEARING MINi7TES OF JUNE 22, 2004 o�-� Page 5 Ms. Moerxnond asked what led to the condemnation in 1996. Mr. Magner responded it was condemned Mazch 13, 1996. He does not have the file with him, so he does not have the detaiis. On July 9, 1996, the owner and her son came into the office to discuss what needs to be done. It was indicated in 1995 that anyone occupying this structure will receive a tag. The inspectors have been out many fimes. Kunde said at one time that he was not occupying the dwelling and was living in Wisconsin_ Mr. Kunde responded that was his mother. Mr. Magner stated a citarion was issued on July 23, 1996 for illegally occupying a vacant building; they issued a citarion on April l l, 2000 for occupying a condemned buiiding without a Code Compfiance Certificate. They issued tags for failing to register a vacant building and pay the fees. The vacant building ordinance specificaiiy states that once a dweliing is condemned and the condemnation is not lifted, iY becomes a registered vacant building. Mr. Kunde sYated the hoase was red tagged before the vacant building registration. The people Yhere left #he gas on. "T�e Fire Department came out and red tagged the house for a furnace. Mr. Kunde got a new fiunace. The health depaztmeni said he had days to fix it The City says something else. He does not know where ta go. He thought he had Yo reoccupy it #o get out from under a vacant building registration Ms. Moermond explained that he has to get a Code Compliance Inspection scheduled. He needs to go through LIEP (License, Inspections, Environmental Protecflon) for that. The fee is $125 for a single famiiy home. The owner has to get this properry probated. She would like to see evidence #hat dus is underway. The bank wouid require it to be in his name in order for him to get financing. She reminded Mr. Kunde to make sure #he lawn is mowed the garbage is picked up. Ms. Moermond recommends laying this over to the July 13, 2004, Legislative hearing and the July 28 City Council Meeting. In the meantime, she wouid like to see evidence of fmancial wherewithal to rehabilitate the property and a$2,000 band posted. Resolution ordering the owner #o remove or repair th+e building{s) at g37 Fourth SfreeY East. If 3he o�vner fails to comply �i�ith the resolution, NeigAborhood Housing and Property Improvement is ardered to remove the building(s). (Laid over from 6-8-04) The following appeazed: Bill Hammes, 10105 Tenth Sireet North, Lake Elmo; Dorothy Lyons, 10072 Tenth Street North, Lake Elmo. Mr. Hammes stated that Bernie Biackwell is on jury duty. (Mr. Ha.mmes submitted photographs to Ms. Moermond.) Marcia Moermond asked has Jim Seeger (LIEP) been out to do the inspection. Ms. Lyons responded no. Mr. Hammes added that the heating, electrical, and plumbing have been inspected. Mr. Magner reported he spoke to Mr. Seeger this morning. The gas permit has been �� LEGISLATNE HEARING MINIJTES OF JUNE 22, 2004 Page 6 signed off and is in compliance. The heating is ready to be signed off, but it needs one final inspection. The plumbing is signed off: They still need sign offs for the fuushed construction. They need a new permit and a new bond. All work is to commence untii a bond is posted and pemuts pulled In answer to questions, Ms. Lyons responded that Mr. Blackwell is in the process of buying the property. I3e will noi live there, and she does not know who will be living there once the rehabilitation is done. Mr. Magner stated that the purchase agreement looks like joint buyership. IvIs. Lyons stated tliat Mr. Blackwell Irnows the place has to be finished. Mr. Magier responded that she cannot seli something she does not own, and Ms. Lyons does not own the property until iY is probated. They have received a fax that the probate has started, but the fax does not say how long #he process will take_ ivis. Lyons responded #hat she has to get on the court calendaz. She had Yo take action because the City was going to demolish it, and they don't own it either. Ms. Moermond responded that the City would not be taking the property. Instead, it would be demolishing a buiiding. The properry would remain in whoever's name it was in before. Ms. Lyons said she had photographs showing the state the property is in right now. Ivls. Moermond stated she will take this under advisement for the next 24 hours. She asked Ms. Lyons #o come to the �ity Council public hearing tomorrow (June 23). There will be a recommendation at that time. Ivls. Lyons asked can she post a bond. The CiTy cannot stop her from posting a bond, answered Mr. Magner; however the City will nof accept one from Mr. Blackwell.. Note: Ms. Moermond's recommendation to the CiTy Council was to post a$5,000 bond, a work pian, and monthly updates from their attorney. The Council at theu June 23 meeTing laid this issue over to #heir July 7 City Council meeting. A letter was sent to the interested parties. The hearing was adjoumed ai approximately 11:30 a.m 0