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04-774Council File # �+ I � � ' • Green Sheet # `-"' � r ��' RESOLUTION CITY OF � Presented By Referred To Committee: Date 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, Neighborhood Housing & Properiy Improvement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame, masonry, single family house with a detached, two-stall, wood frame garage located on property hereinafter refened to as the "Subject Properiy" and commonly known as l 011 Saint Paul Avenue. This property is legaily described as follows, to wit: I,ot 14 in Block 2, Bordner's West View No 2 WAEREAS, based upon the records in the Ramsey County Recarder's Office and information obtained by Neighbarhood Housing & Property Improvement on ar before February 17, 2004, the following are the now known interested or responsible parties for the Subject Property: Allan S Henry et al, 1011 St. Pau1 Ave, St. Pau1, MN 55116-2534; Edwin M Larson & Pamela J Larson, 1322 Alton St. Apt 201, St. Paul, MN 55116-3184; EMK Development Co., 500 Crrand Hill, St. Paul, MN 55102 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 May 11, 2004; and Wf �EREAS, this order informed the then known interested or responsible parties that the shucture located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Sub}ect Property by June 10, 2004; and WHEREAS, the enforcement officer has posted a placard on the Subject Froperty declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, tlais nuisance condition has not been corrected and Neighborhood Housing & Property Improvement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the rime, date, place and purpose of the public hearings; and PAllL. MINNESOTA !.� AA-ADA-EEO Employer oy-»y 1 WHEREAS, a hearing was held befare the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, July 27, 2004 to hear testitnony 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 Property safe and not deh to the public peace, health, safery and welfare and 5 remove its biighting influence on the community by rehabilitating this structure in accordance with all 6 applicable codes and ordinances, or in the aiternative by demolishing and removing the structure in 7 accordance with all applicable codes and ordinances. Ttte rehabilitation or demolirion of the stnxctute to 8 be completed within fifteen (15) days after the date of the Council Hearing; and 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 �9 i0 i� 4VHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 4, 2004 and the testimony and evidence including the action taken by the Lea siative Hearing Officer was considered by the Councii; now therefore BE TT RESOLVED, that based upon the tesrimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Ordez concerning the Subject Property at 1011 Saint Paul Avenue: 1. 2. 3. 4. 5. 6. � That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the buiiding(s). That the deficiencies causing this nuisance condition have not been conected. 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 routinely monitored by Neighborhood Housing & Property Improvement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilied. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by xehabilitating this structure and correcring all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s} in accordance with ali applicabie codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be compieted within fifteen (15) days after the date of the Council Hearing. AA-ADA-EEO Employer o�-�n�t 1 2. If the above conective action is not completed witkun this period of time Neighbarhood Housing 2 & Properiy Improvement is hereby authorized to take whatever steps are necessary to demolish 3 and remove tYris 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 Legisiative Code. 6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 7 property or fixtures of any kind which interfere with the demol9rion and removal shail be 8 removed from the properiy by the responsible parties by the end of this time period. If all 9 personal property is not removed, it sha11 be considered to be abandoned and the City of Saint 10 Paul shall remove and dispose of such property as provided by law. 11 12 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties 13 in accordance with Chapter 45 of the Saint Pau1 Legislative Code. Yeas Navs Absent Benanav � Montaomerv � Bostrom Y Thune � Harris Lantrv � Helcren ✓ � !� v� Adopted by Council: Date y- �L Adoption Certified by Council Secretary By Approved � Requested by Department of: AA-ADA-EEO Employer Nei hborh od Housin Pro ert Im rovement r gy: ' � "-��} dy-��� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenNoffi.ce/council: Date Initiated: NH — NeighborhoodHousinglProperty a2���-� Green Sheet NO: 3019601 CoMact Person 8 Phone- Denartment Sent To Person Initial/Date Antly Dawkins � 0 ei 66 r us'n r er t � 266'1927 pS,Gjgn 1 ei hbor oodHousin o er De rt e tDirecto 7 � Must Be on Councii qqenda by (Date): Number Z � —p 64-AUG-04 For Routing 3 avor's Office MavorlAssistant Order 4 ou cil 5 i Cler Citv lerk Totat # of Signature Pages �(Clip NI Locations for Signature) Action Requested: City Council to pass flus 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 Housing & Property Improvement is ordered to remove the building. The subject property is located at 1011 Saint Paul Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this personlfirm ever worked under a co�tract for this department? CIB Committee Yes No Civil Service Commissio� 2. Nas this personlfirm ever been a city employee? Yes No 3. Does this personlflrm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Wh7�: This building(s) is a nuisance building(s) as defined in ChapteT 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislarive Code. The ownexs, interested parties and responsible parties lmown to the Enforcement Officer were given an order to repair or remove the building at 1011 Saint Paul Avenue by June 1 Q 2004, and have failed to comply with those orders. RECEIVEQ aa�a� �es �f app�o�ea: JUL 1 4 20�4 q The Ci will elin'nnate a nuisance. J U L O� LO�4 MAYOR'S OFFICE Disadvantages li Approved: The City will spend lnnds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property tases. Coi.mca� R��e�rct� �..�'�r ` Disadvantages If Not Approved: A nuisance condition will remain unabated in the City. This building��✓ill�o�tit�t� blight the comumnity. Total Amount of � �� � � � Transaction: 8000 CosURevenue Budgeted; Y Funding Source: Nuisance Housing activiri Number: 30251 nL Financial information: AbBtement ,j�� � � �opi (ExplainJ �+ � /� �'^°@/ , �✓ I i i���.! �� G T oy-r� DNISION OF PROPERTY CODE ENFORCEMENT Arsdy Dawkins, Prog'am Manager C l l 1 Di' Ji,.�r pti� ��`uisance Buifdirtg Code Enforcement RandyC.Keliy,Ffayar 1600NanhWhiteBearAvenue Zel: 651-26b-1900 SaintPaul,M.VSSIOb F¢x:651-266-1926 July 2, 2004 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Nei�hborhood Housin' & Property Improvement , VacanUNuisance Buitdings 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: 1411 Saint Paul Avenue The City Council has scheduled the date of these hearin�s as follows: Legislarive Hearing - Tuesday, July 27, 2004 City Council Hearing - R'ednesdac, August 4, 2004 The owners and responsible parties of record are: Name and Last Known Address Allan S Henry et al 1011 St. Paul Ave St. Paul, MN 5�116-2534 Edwin M Lazson & Pamela 7 Lazson 1323 Alton Sf. Apt 201 St. Paul. MIv' S5116-3184 ='v$ �ve:onm�: Cc �{l4 Cr.�¢ � �� ?�? � �'�f� Interest Fee Owver Son and daughter-in-law of Fee Owner i In possession �=�se �. �rv�-� �€�?�pr.h Car��� .: - .._ ...,... . . .. Lot 14 m Block 2, Bordne?s Wesc View No. 2 .� ,.:,� AA :4DA-EEO Emaloyer o�-„y 1011 Saint Paul Avenue 3uly 2, 2004 Pa�e 2 I�'eighborhood Housin� & Property Improvement has declared this building(s) to constitute a "nuisance" as defined by Le,;slative Code, Chapter 45. Neighborhood Housin� & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting 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 Housin� & Property Improvement that the City Council pass a resolution ordering the responsihle parties to either repair, or demolish and remove this buiiding in a timely manner, and failin� that, authorize the Neighborhood Housing & 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 taxes. Sincerely, �o . . �� , Steve Ma�er Vacant Buiidin�s Supervisor I�Teighborhood Housin' & Property Improvement SM:mI cc: Frank Berg, Buiiding Inspection and Desi� Meghan Riley, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division crnph AA-ADA-EEO Emviove: REPORT Date: July 27, 2Q04 Time: 10:00 a.m. 1:30 p.m. - 833 Delaware only Place: Room 330 City Ha11 I S West Keliogg Boulevard LEGISLATIVE HEARING FOR ORDERS TO REMOVEfREPA1R, CONDEMNATIONS, I V 117\:111Y:i� �1� r�.Y.`T:SJ�r Marcia Moermond Legislative Hearing Officer Appeal of Deficiency List (which includes condemnation) at 321 Bates Avenue. (Laid over from 6-29-04) Legislative Hearing Officer recoxnmends laying over to the August 10, 2004 Legislative Hearing and the August 1 l, 2004 City Council meeting. 2. Appeal of Notice of Condemnation and Order to Vacate, Summary Abatement Order dated July 16, Smmnary Abatement Order dated July 21, and Vehicle Abatement Order at 359 King Street West. Legislative Hearing Officer recommends the following: 1) appeal is denied on the Notice of Condexnnation and Order to Vacate, 2) compiiance date changed to August 20, 20Q4 on the Si.ttumary Abatement Order dated July 16 and retracting the part that reads "Repair or remove dangerous garage," 3) compliance date changed to August 13, 2Q04 on the Summary Abatement Order dated July 21. Neighborhood Housing and Properry Improvement retracted the Vehicle Abatement Order. ,�/ 3. Resolixtion ordering the owner to remove or repair the building(s) at 1011 Saint Paul ��� Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Properry Improvement is ordered to remove the building(s). Legislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitafion of the properry on condition that the following is done by noon of August 4, 2004: 1) post the $2,000 bpnd, 2) pay the vacant buiiding fees, and 3) pay the real estate t�es. 4. Appeal of Summary Abatement Order at 1265 Lafond Avenue. Legislative Hearing Officer recommends denying the appeal. 5. Appeal of Notice of Condemnation and Order to Vacate for 833 Delaware Avenue. (Legislative Hearing Officer's recommendation is forthcoming.) iy'i�l ��-Z�`-( , LEGISLATIVE HEARING MINUTES OF NLY 27, 2004 Page 5 incarcerated, they opened a Vacant Building file on it, and issued a new Summary Abatement Order based on a serious hazardous condition on the properiy: a chimney that is in peril of falling. Mr. Magner looked at it yesterday and has concems about giving more time than August 4 deadiine. He has the file with him today. (359 King rvas discussed fi�rther at the end ofthe hearing.) � Resolution ordering the owner to remove or repair fhe building(s) at 1011 Saint Paul Avenue. If the owner tails to compiy with the resoiation, ATeighborhood Housing and Property Improvement is ordered to remove the building(s). (Mr. Magner submitted photographs.) Pamela Lazson, owner, appeared and stated she has a putohase agreemem. She bought the house on a coniract for deed from her pazenYs. Ms. Moermond responded the paperwork says that she is in possession ofthe house as the fee owner. Matt Kustritz, EMK Development, appeared and stated he has a copy ofthe purchase agreement. He got #he team inspection done, and has a copy of the Code Compiiance Inspection. (Mr. I{usfritz submitterl paperwork.) Ms. Moermond stated it looks like they have everything she is loolcing for. She still needs to post the $Z,000 bond. Mr. Kustritz sfated he gave the same materials to Mr. Magner before the meeting. He p3ans to close on August 9 and pay the vacant building fee, post the $2,000 performance bond, and geY a building permit to start work. Ms. Moermond stated this is on for Pubiic Hearing on August 4. She asked can he posY the bond by noon of August 4. Mr. Kustritz responded he can post the building fee and the bond. Steve Magner reported this building has been vacanf since July 26, 2003. Four sammary abatemeni notices were issued to remove bags of yard waste, ser�re garage, and cut tall grass and weeds. On �Iay 11, 2004, an inspection ofthe buiiding was conducted, a list ofdsficiencies which constitute a naisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on June 10. As of this date, the property remains in a condition which comprises a nuisance as defined by ihe legisla#ive code. The vacant building fees are due. The real esYate #axes aze unpaid of $699.10. Tasation has ptaced an esti�rsateQ markeY value of $142,440 an the buiiding, alihough they may not be awue ofthe conditiart ofthe basement. Code compfiance inspection has been completed and Ms. Ivlcem�ond was provided a copy. They es#imate the cost to repair is $SS,OfiO with demolirion hetween $7,OOi3 to $$,fl00. At this time, the structure can be saved, said Mr. Magner. The primary problem is the foundation, which needs to be removed and replaced. NHPI has no reason to believe Mr. Kustriz will not accomplish this as he has a track record with other properties, such as 790 Iaurel and 783 Butternut. c��-� � I,EGISLATIVE HEARING MINUTES OF NLY 27, 2004 •._- . Ms. Larson asked about the $699.10. Mr. Magner responded that is usually the minimum amount the computer has. It may be more if assessments are due. Ms. Moermond recommends granting the owner 180 days to complete the rehabilitation of the property on condition ttiat the foilowing is done by noon of August 4, 2004: 1) post the $2,000 bond, 2) pay the vacant building fees, and 3) pay the real estate taYes. (A recess was taken from 11:10 to 11:40 so that Ms. Moermond could review the condemnarion materials on 359 King,) Appeat of Summary Abatement Order at 1265 Lafond Avenae. (No one appeared to represent the property.) Ms. Moermond stated there was an appeal fi1ed. Harold Robinson (NHI'n and Vicki O'Brien, appeliant, indicate they have come to an agreement. Ms. Moermond recommends denying the appeal. Appeal of 1Votice of Condemnatiou and Drder to �acate, Summary Abatement Order dated July 16, Summary Abatement Order dated July 21, and Vehicle Abatement Order at 359 King Street West (Note: This address was also discussed eaziier.) Steve Ma�er reported that on July 16, 2004, InspECtor Mai2in was called by the police to assist in an inspection of this proparty. They asked for pernussion from the property owner to inspect. At the time, ihere was a search wazrant being conducted. Ms. Moermond asked did he recaii talking to Lisa Mariin. Mr. Cmdaer responded no. Ms. Moermond sTated that the police had a right to be in the hous$ because ofthe warrant. When they saw condirions, they had the right to cail Code Enforcement (NI IPn. Mr. Magner finished his repart: the inspector indicaYed numerous violaYions with #he properiy and wrote a condemnation on the property which included lacldng a working toilet, Iacking a smoke detector, eascessive storage, and evidence ofa rodent infestation. There were other violations indicated: windows in a�Tate afdisrepair, scr�ns missing or in a sia#e afdisrepair, exterior walls need paiat, ihe �rage is in a poor state, the gara�e lacks paint, and tha roof is deteriorated. The chimney on the house is in an advanced state ofdeterioration. A followup inspecrion by Dennis Seniy {NE3PI} indicated Yhis is a hazaidous condition. He issued a Summary Abatement Order dated July 21 to repair or remove the hazardous chimney in the southwest. Tf this chirnney fell, it may fall through the roof and zubble will rain down on the ground. (Note: there are rivo chimneys on the house.) Mr. Greear stated he has bagged trash and is cteaning up. He is getfing rid ofthe rodenf problem.