Loading...
04-80� t �� . ..� i RESOLUTION Council File # .Q�� Green Sheet # 3�$�� ` NT PAUL, MINNESOTA 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 36 37 38 Wf1EREAS, 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 plus, wood frame, single family dwelling located on properiy hereinafter referred to as the "Subject Property" and commonly known as 1069 Greenbrier Street. This property is legally described as follows, to wit: The Northerly 33 feet of the South 59 feet of Lots 1 and 2, in Block 4, Arlington Hills Addition to Saint Paul WHEREAS, based upon the records in the Ramsey County Recarder's Office and information obtained by Neighborhood Housing & Property Improvement on or before 7uly 21, 2003, the following aze the now lrnown interested or responsible parties for the Subject Property: Punchco, Inc., 1115 Minnehaha Parkway West, Minneapolis, MN 55419-1131; Progressive Real Estate, Stephen J. Hirsch, President, 3507 West 50`'' Street, Minneapolis, MN 55410; Bank One, Columbus, N.A. as Trustee Under That Certain Pooling and Servicing Agreement Dated as of October 1, 1994, �'or Mortgage Pass-Through Certificates (Meridian Capital Market, A Division of Meridian Bank) Series 1994 - 3M, 235 West Schrock Road, Waterville, OH 43081 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 October 28, 2003; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) parsuant 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 November 12, 2003; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declarin� this building(s) to constitute a nuisance condition; subj ect to demolition; and WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing & Property Improvement requested that the City Clerk schedule public hearings before the Legislarive Hearing Officer of the City Council and the Saint Paal Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accardance with the provisions of Chaptex 45 of the Saint Paul LegisLative Code, of the time, date, place and purpose of the public hearings; and AA-ADA-EEO Employer 0�{-S�b 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, January 13, 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 to 4 make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and 5 remove its blighting influence on the community by rehabilitating this shucture in accordance with all 6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in 7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be 8 completed within fifteen(15) days after the date of the Council Hearing; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, January 28, 2004 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 1069 Greenbrier Street: 1. 2. 3. 4. 5. 6. � That the Subj ect 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 ar to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been conected. That Neighbarhood Housing & Properry 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 Impxovement, VacantlNuisance Buildings. That the lmown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 haue been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: l. 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 conecting 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 shucture must be completed within fifteen (15) days after the date of the Council Hearing. A.A-ADA-EEO Employer O�l $0 1 2. If the above conecrive action is not completed within this period of time Neighborhood Housing & 2 Properiy Improvement is hereby authorized to take whatever steps are necessary to demolish and 3 remove this shucture, fill the site and charge the costs incurred against the Subject Property 4 pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 5 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 Iffnd which interfere with the demolition and removal shall be removed 8 from the property by the responsible parties by the end of this tune period. If all personal property 9 is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and 10 11 12 4. dispose of such property as provided by law. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accardance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: Yeas Navs Benanav � Montqomerv � Bostrom � Thune Has Lar. Hel Ado� AdoF By: Appr By: Absent Nei hbor od Housin Pro ert Im rovement By: �� . . v � Form Approved by City Attorney AA-ADA-EEO Employer / � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet r .� DepartmenUoffice/council: Date Initiated: cs -��n�S�� 26-NOV-03 Green Sheet NO: 3008474 Contact Person 8 Phone- UeoertmeM Sent To Person InitiallDate Mdy Dawkins � 0 itize rvices Z66"�927 A55ign 1 ibze Services D arhmentDireMor a' �� Must Be on Council qgenda by (Date): Number � � �gJAN-04 2 i ttorue For RoUting 3 0's O%ce Mavor/Assistant Order 4 oun � 5 ' Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: . City CouncIl to pass tlris resolurion wluch will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, The Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 1069 Greenbrier Street. Rewmmendations: Approve (A) or Rejed (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1, Has this person/firm ever worked under a contract for this department? C1B Committee Yes No Civil Service Commission 2. Has this personffirm 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 ` Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Tlus building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paui Legislarive Code. The owners, interested parties and responsible parties lmown to the Enforcement Officer were given an order to repair or remove the building at 1069 Greenbrier Street by November 12, 2003, and have failed to comply with those orders. Advantages If Approved: The City will eliminate a nuisance. Q E � o�- 2oa3 DisadvanWges If Approved: The City will spend funds to wreck and remove ttris building(s). These costs will be assessed to the properiy, collected as a special assessment against the property talces. Disadvantages If Not Approved: A nuisance condilion will remain unabated in the City. This building(s) will continue to blight the community. Total Amount of Trensaction: $000 CostlRevenue Budgeted: Y 9 � 'ds�`�✓� �^ fiu�.�;�:+ �nr+°r�� Fundiny source: Nuisance Housing activitv Number: 30251 Financial Information: Abatement �� � Q � ��� / (Ezplain) c�7/ o� -�� ��.� �/ 1. ��� 2. 3. Date: January 13, 2004 Time: 10:00 a.m Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, AND ABATEMEIIT ASSESSMENTS Marcia Moermond Legislative Hearing Officer Resolution ordering the owner to remove or repair the property at 1069 Greenbrier Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the buiiding. Legislative Hearing Officer recommends approval of the resolution. Resolution ordering the owner to remove or repair the property at 501 Kent Street. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. Legisiative Hearing Officer recommends granting 180 days to complete the rehabilitation of the property on condi6on that the following is done by Monday, January 26, 2004: 1) vacant building registration form filled out and the $250 fee paid, 2) rehabilitation plan with a time line to address all the items on the code compliance inspection report, 3) financial plan showing wherewithal to complete the rehabilitarion. Summary Abatements: 303TRASH3Q Providing weekly garbage hauling service for the third quarter of 2003; J0307A Property clean-up during August 2003; J0305B Boarding-up of vacant buildings during July 2003; J0304C Demolition of vacant buildings during October and November 2003. 182 Front Avenue (J03TRASH3Q) Legislative Hearing Officer recommends reducing the assessment from $1,020 to $750 plus the $20 service chazge for a total assessment of $770. 1107 Seventh Street East (J0307A) Legislative Hearing Officer recommends approval of the assessment. 1120 Seventh Street East (J0307A) Legislative Hearing Officer recommends approval of the assessment. CITIZEN SERVICE OFFICE Dorta/d J Luna, Ciry Clerk DNLSION OF PROPERTY CODE ENFORCEMENY Andy Dawkins, Program Manager SAfNi PAUL � AAAA CTTY OF SAINT PAUL Randy G Ke!!y, Mayor � �. November 26, 2003 Nuisance Building Code Enfortement 1600NorthWhiteBearAvenue Tel: 657-266-I900 Sain1 Paul, .LfN 55l06 F¢<: 651-266-1926 � � OF PUBLIC HEARINGS Council President and Members of the City Council 6�t�gb Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Councii schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance building(s) located at:1069 Greenbrier Street The City Council has scheduled the date of these hearings as follows: %y! /.3. d� Legislative Hearing - Tuesday, , City Council Hearing - �Vednesday, January , 004 2� The owners and responsible parties of record aze: Name and Last Known Address Punchco, Inc. 11151YIinnehaha Pukway West Minneapolis, NIlV 55419-1131 Progressive Real Estate Stephen J. Hirsch, President 3507 West 50`� Street Minneapolis, M'�i I 55410 Bank One. Calumbus_ �A as Iniste� f t q �t A ' Y.itl � f� St{ • At 4 - Mtl • t�N{ ) .,z�. ._ n f �yta .,:r •• Interest Fee Owner Fee Owner • • IsU+%4 FarMor[aasePass-ThmnQh Cer[ificates (Meridian Capital Market, A Division of Meridian Bank) Series 1994 - 3M 235 West SchrockRoad Waterville, OH 43081 AA ADA-F.EO Employer O�t- gb 1069 Greenbrier Street November 26, 2003 Page 2 The lejat description of this property is: The Northerly 33 feet of the South 59 feet of Lots 1 and 2, in Block 4, Arlin�ton Hills Ad�ition to Saint Paul Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parEies to eliminate this nuisance condition by conecting 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 bli�htin� influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incuned a�ainst the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �> , �� , Steve Ma�er Vacant Buildin�s Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Meghan Riley, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housin� Division crnnn .L4-ADA-EEO Employer ��-�S� ��e.�Z.\ MINtJTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVE/IiEPAIR, CONDEMNATIONS, ABATEMENT ASSESSMENT'S Tuesday, January 13, 2004 Room 330 City Hall, I S Kellogg Boulevard West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:04 am. STAFF PRESENT: Steve Magner, Code Enforcement; Hazold Robinson, Code Enforcement Resolution ordering the o�vner to remove or repair the properfy at 1069 Greenbrier Street. � If the owner fails to comply with fhe resolution, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) Steve Magner reported the building has been vacant since 3anuary 17, 2002. The owner is Punchco, Inc., per Ramsey County Properry Records and Revenue. There have been six summary abatement notices issued to cut tall grass and weeds, remove refuse. On October 17, 2003, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condirion was developed and photographs were taken. An order to abate a nuisance building was issued on October 28, 2003, with a compliance date of November 12. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. The City had to boazd this building to secure it against trespass. The vacanY building fees have been paid after a citarion was issued for failure to pay them. Real Estate taxes are paid in full. Taxation has placed an estimated market value of $13,700 on the land and $61,900 on the building. As of January 13, 2004, a code compliance inspection has not been applied for nor a$2,000 bond posted with the Office of License, Inspections, Environmental Protection. Code Enforcement estimates repairs to be $40,000 to $50,000. The estimated cost to demolish is $7,000 to $8,000. Code Enforcement is seeking a resolution to repair or remove the building within 15 days. In addition, stated Mr. Magner, the dweiling has suffered water damage from the second floor that has filtered down to the first floor. The leak was from a plumbing fia�ture on the second floor that was disconnected during its vacancy. This condition promoted extensive mold growth, rotting deterioration to the wood and/or structural members. The building would not be able to be resided in at this time. Ms. Moermond stated this particular property has been deternuned to be a problem property by the Police Department and Code Enforcement. She has found that there aze two calls a week over an 18 month period from drug dealing, prostitution, domesric issues, chiidren issues, code issues, etc. 3ohn Lesch, State Representative, 100 Rev. Dr. Martin Luther King Blvd., appeared and stated there have been problems at this address even since he has known the neighborhood. The � ���� LEGISLATIVE HEARING MINL)TES OF JANUARY 13, 2004 Page 2 residents are trying to clean up the neighborhood. It is his concem that this properry be taken out of there and that there aze no other opportunities for anyone else to say they are going to fix it but not do so. Vince Wisneski (phonetic), appeazed and stated he is interested in salvaging the house. If the foundation is sound, it shouid be salvaged. If the house is fixed, it should be able to be sold. Ms. Moermond asked has he approached Puncho, Inc. about purchasing the proper[y. Mr. Wisneskiresponded no. Ms. Moermond stated approaching Punchko would be the first step. As soon as Mr. Wineski has title control, he needs to get a code compliance inspection. He needs to stop the action being considered today, which is the order to remove or repair the building. This is a long term problem property, and she is not likely to be flexible in applying the City's rules regazdless of the owner. She is looking at five real estate transactions in the last ten years. There has been a problem with squatters, also. She is going to send this to the City Council to remove or repair the property within 15 days. Mr. Wisneski needs to get control of the property title, get an purchase agreement, a code compliance inspection, a work plan, and a$2,000 bond. Mr. Lesch asked how much time is there for the owner to remove or repair the building if the City Council passes the recommendation. Ms. Moermond responded the owner would have two weeks, and then the Office of Neighborhood Housing and Property Improvement (Code Enforcement) would be authorized to demolish it. Mr. Magner added that bids are already secured. Code Enforcement would order a purchase order, and send an order Yo proceed. There is a waiting period for the MPCA (Minnesota Poilu6on Control Agency) to make an evaluation of the property and for asbestos and hazazdous waste inspections. Ms. Moermonfl recommends approval of the resolution. Resolution ordering the owner to remove or repair the property at 501 Kent Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Steve Magner submitted photographs.) Steve Magner reported this building was condemned on July 2, 2003 by Code Bnforcement and has been vacant since that date. Current owner is Joshua Trent. There have been seven sumuiary abatement no6ces issued to remove refuse, secure building, eliminate cocla�oach infestation, cut tall grass and weeds, and remove trailer from backyazd. On October 15, 2003, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condirion was developed, and photographs were taken. An order to abate a nuisance building was issued on October 28, 2003, with a compliance date of November 12, 2003. As of this date, this properry remains in a condition which comprises a nuisance as defined by the legisia6ve code. Vacant ou- �o LEGISLATIVE HEARING MIIVUTES OF Jr1NiJARY 13, 2004 Page 3 building fees aze due. i2ea1 Estate taYes aze paid in full. Taxation has placed an estimated mazket value of $8,500 on the land and $32,800 on the building. The code compliance inspection fee was paid on November 12, 2003. Yesterday, a$2,000 bond and permit were posted. Code Enforcemenf estimates the cost to repair is $50,000 to $65,000. Estimated cost to demolish if $5,000 to $6,000. Mr. Magner also added that a bond was posted and Mr. Trent was pulling a building pemut to do the work. Code Enforcement has had no discussion with him. The following appeared: William Schrenkler, Mr. Trent's Father; Ralph Boecker, Mr. Trent's uncle, 15085 Homestead, Hugo; and Sundiata Menelik, 501 Dale Street North, Suite 300. Ms. Moermond asked if the code compliance inspecfion has been done. Wiliiam Schrenkler responded it is at home. Ms. Moermond asked about the time period for the summary abatement. Mr. Magner responded there were about 4 work orders done on those, which include removing a motorcycle, boazding the building twice. The building had been left with an extensive cockroach infestation. Once the food and water sources were dried up or eliminated, the cockroaches spread, which was attested to by the adjoined properry owners. Mr. Magner was at the property yesterday, and a new summary abatement order was issued for items that are now between this house and the neighboring property. Mr. Schrenkler stated that Mr. Trent is in another court hearing this morning. Mr. Boecker posted the $2,000 bond. Mr. Trent was not living there. This house belonged to his mother, said Mr. Schzenkler, and it was in foreclosure. Mr. Trent refmanced the house to help his grandmother out. She passed away, and Mr. Schrenkler's sister did not take care of the house. They spent a lot oftime getting her out. About $1,500 was spent for rubbish removal. Ms. Moermond asked how long the mother has been deceased. Mr. Schrenkler responded July 2002. It was condexnned right after his mother passed away. Ms. Moermond stated she has a condemnation from July 2003. Mr. Magner responded it was posted July 2, 2003, with a vacate of July 14, 2003. Ms. Moermond asked did his sister live there. Mr. Schrenkler responded the sister lived there while she was taking care of his mother. Ms. Moermond asked why she did not take care of it. Mr. Schrenkier responded the house was in her name, they got beiund, and it went in foreclosure. Mr. Trent stepped in, refinanced the house, and did not pay the rent. They let the house run down. �y��o LEGISLATNE HEARING MINIJTES OF JANI7ARY 13, 2004 Page 4 Sundiata Menelik reported that he owns the house next door. He put the fence up. There is a urine sme11 because there were drunks and crack heads in the house. It is his understanding that the mother was infested with lice or something. The inspector came out, and the house was so filthy that it was condemned right there. There were so many roaches that he spent about $300 spraying between the houses as there aze only three feet between the two. The windows were covered with roaches. There are dope dealers that hang around on University Avenue that continue to go to that house, and they urinate between the houses. He has not met the people here today, but he has met Mr. Trent. The basement window is open, so there are rodents running in and out of the house. The same guys that aze there before are still coming to the house. The urine smell is so strong that they will have to dig up a couple of inches of soil just to get the urine smell out. He talked to the Joshua Trent about what he was going to do. The house is boarded and an eyesore, Mr. Menelik is a licensed and bonded contractor, and a licensed real estate broker. He even talked to someone about buying the house. He can buy it and fix it up within 60 days because it is adjoining his property. T'he roaches aze now on the sidewalk. Mr. Schrenkler stated he does not know anything about the lice part. He knows they came out and condemned the house because his sister was not keeping it up. There is a padlock on the front door so he does not know how people are getting in the house. Mr. Menelik responded the basement window is still open. Whoever is going to take responsibility needs to cleaz the people out. The urine smell is so strong and people have defecated also. There were so many roaches in tt�e house, they were on the window like blinds. Mr. Trent has cleaned it out, but he has not done any work to it. Also the person in control of it has to pick up,the beer and wine bottles. Mr. Boecker stated he is willing to work with him and put up a fence. Mr. Menelik responded he already put a fence between the two houses. He spent up to $1,000 dealing with rodents and roaches between the two houses. A person named Jimmy lives in the alley and has crawled through holes to get inside the house. Mr. Boecker stated he was there yesterday, and all the windows aze boarded. Mr. Magner stated there is a problem with trash. As of yesterday, there was some trash bags, wood, metal, debris, and miscellaneous items between the two homes. Some of it is at 501 Kent and some of it is on 562 Sherburne. He was told by the tenants at 562 Sherburne that they have thrown items there. He told them to remove them. Code Enforcement sent a work order about a month ago to have the azea cleaned out and a motorcycle was removed from there. He issued a summary abatement for Mr. Trent to clean this, and it will be mailed. Code Enforcement also needs the cooperation of the owner of 562 Sherburne. Mr. Menelik responded he owns 562 Sherburne. This Jimmy person gets trash from other places and puts it beriveen the two houses. Whenever Mr. Menelik puts up his fence, somebody takes it down, but he can screw his fence back up. He can handle his tenants. There is trash service at his place. Ms. Moermond stated the summary abatement order is sepazate from what they are appealing today. Right now, she wants to deal with the order to remove or repair. She tries to look at the �- �� LECiISLATTVE HEARING MINUTES OF JANUARY 13, 2004 Page 5 following: history of the property, owner's actions, whether the taxes aze paid, have the vacant building fees been paid, aze there citations, has an inspection been done, did they post the bond. Joshua Trent came into control within the last six months, but the City has to tell them how to manage a building. These are not good signs. She has a photograph of the back of the building being wide open. Now she hears it is boazded. Mr. Schrenkler stated Jim Seeger (License, Inspections, Environment Protection) inspected the building. The taYes aze paid in full, the bond has been posted, and the inspection conducted. Mr. Magner stated the building still needs to be registered. Also, they need a good mailing address for Joshua Trent as mail has come back to Code Enforcement. Mr. Schrenkler said that the address is 1763 Highway 96, White Bear Lake, but mail has come back and forwazded to a different post office box. Without a registration form, they do not have a good idea of what is going on here. Ms. Moermond asked are they planning to do the rehabilitation themselves. Mr. Schrenkler responded they are going to start this week. Ms. Moermond recommends granting 180 days to rehabilitate the building on condition that the following is done by Monday, January 26, 2fl04: 1) vacant buiiding registration form filled out and the fee of $250 paid, 2) a rehabilitation plan with a time line to address all the items on the code compliance inspection, and 3j financial plan showing wherewithall to complete ihe project. She also suggested that they come to the City Council Public Hearing on January 28. Summary Abatements: J03TRASH3Q J0307A J0305B J03�4C Providing weekly garbage hauling service for the third quarter of 2003; Property clean-up during August 2003; Boardinb up of vacant buildings during July 2003; Demolition of vacant buildings during October and November 2003. 182 Front Avenue (J03TRASH3Q) Brenda Iverson, 461 Liberty Circle, Somerset, WI 54025, appeared and stated the previous owner had the City haul their trash. When the Iversons bought the property, they were never told. When she came here for second quarter (weekly garbage hauling service for the second quarter of 2003), she got in contact with the title company and the previous owner, and the second quarter was paid Apri121 to June 24, 2003. Now, she has trash for third quarter running from July i to September 9, 2003. She purchased #he properly on July 9 and had Waste Management Gazbage Service on 7uly 6. Ms. Iverson does not understand why she is being charged for the City hauling trash when there was no City or gazbage cans out there. Ms. Moermond stated the last time she was there, they talked about the City not being notified until late August that there was gazbage service. Ms. Iverson responded Lisa Martin (Code v�-�o LEGISLATIVE HEARING MINUTES OF JANUARY 13, 2004 Page 6 Enfozcement) spoke to her and sent her a paper as of August 28. They still chazged her on September 2 for $50 a can, so $100 at a time to pick up trash there, but there were no trash cans out there. Mr. Magner stated there aze two fime frames: this time peziod runs from the start of the third - quarter to the August 28, 2003. There are tcvo dates because there were two cans. Ms. Iverson responded that if they are saying there were trash cans out there, which there wasn't, and if they aze chazging her for two cans (two dates) for most of the days and then one can (one date) for August 5 and 8, she does not understand that Ms. Moermond asked why there are two cans for this properry. Mr. Magner responded that they issued one can that was not sufficient to pick up the load, and then they issued a second container. Ms. Moermond asked was it vacant during this time. Ms. Iverson responded the previous owner had renters who moved out before July 1. Ms. Iverson bought the property July 9 and did not have tenants until August. Ms. Moermond asked is the previous owner or fitle company going to reimburse them for July 1 and 8. Ms. Iverson responded she does not know. They did for second quarter. She has not contacted them. Her sheet also says that the City did pick ups on September 2, but according to Lisa Martin (Code Enforcement) the City knew as of August 28 that Ms. Iverson had service with Waste Management. She does not Irnow why she is being charged for that also. Harold Robinson responded it would be chazged to the next pickup date after August 28. Ms. Moermond asked is there a provision for decreasing the cans from two to one if there is not sufficient usage. Mr. Robinson responded inspector discretion. Ms. Moermond stated she is assuxning that the owner can go to the previous owner or title company because it should have come up in the real estate transaction as an outstanding assessment on the property. About the two pickups in September, they can remove them, which is a$100 deduction. Also, it is reasonable to decrease the two cans about 25%. Ms. Moermond recommends reducing the assessment from $1,020 to $750 plus the $20 service charge for a total assessment of $770. She is granring them some accommodation for not having garbage for the second can and for the City to not have a procedure for removing the second can if it is not being used. However, it is not the City's fault that we were not informed by the previous owner or the new owner. The new owner let us know on about July 28. Everything should be done. Mr. Robinson added that the inspector would have no way of knowing the usage of the cans unless the inspector was there a half hour before the pickup time. �� � LEGISLATiVE HEARING MINi1TES OF JANUARY 13, 2004 (Note: 1107 and 1120 Seventh Street East were discussed in tandem.) 1107 Seventh Street East (J0307A) 1120 Seventh Street East (J0307A) Page 7 The following appeazed: Don Noworyia and 011ie Dufresne (phonetic) of Globe Building Materials. Mr. Noworyia stated that Globe is in a state of bankruptcy. The trustee is in Indiana, and the summary abatement orders aze mailed to him. A lot of the orders have a four day turn around time. By the time they get to Mr. Noworyia and he communicates with Mr. Du&esne to get something done, it may be too late. They would like to get things done themselves. Ms. Moermond asked are they iisted as the hustees of the estate on the Ramsey County real estate tax system. Mr. Magner responded they see a number of owners that appeaz on the ownership. The problem is that Globe has been vacant since December 28, 2001. They have failed to register this property as a vacant building. They have no documentation from any of these owners identifying who is suppose to get these notices. Code Enforcement has gone through eight different people to notify including Globe Coatings in Pine City; American Roofing Products, Lansing, Illinois; and a lawyer in Indiana. Mr. Noworyia stated he recently received something mailed December 24 to take caze of snow and Mr. Dufresne contacted someone. By the time someotte got there, it was already done. Mr. Dufresne added that he got the notice Thursday or Friday. He called John Larson who does snow removal, and he said he would do it on Saturday. Mr. Dufresne went down on Monday, 1120 had been done, and 1107 had not been done. He called John who said he forgot. John came and did that side later. Mr. Noworyia stated he is not questioning what was done, but the timing needs to be improved. Ms. Moermond stated the City's responsibility is to mail it to the people that Ramsey County says are the owners. Mr. Magner responded that Mr. Dufresne has been told by Mr. Noworyia that he is suppose to be there on a daily basis. If he is there daily, then he should be identifying tall grass and weeds or that the snow needs to be shoveled. As for snow, that is a 40 hour turnaround. The City will not allow weeks on end because it becomes a nuisance to people who use the sidewalk. As for tall grass and weeds, it should be cut at eight inches. Ms. Moermond asked do they have letters to the properry owners ordering them to take care of this. Mr. Magner responded he sent out numerous norices on January 7. They sent a nofice to Globe Coatings in Pine City and Don at American Roofing Products, P.O. Box 489, Lansing, Illinois 60438. Ms. Moermond asked is there a provision for the listing of multiple owners for the properry. Mr. Magner responded the registration form has a number of spaces for it. You can also add to it. When Code Enforcement sends out registrarion notices, they also send an attachxnent which ���� LEGISLATIVE HEARING MINITI'ES OF JANUARY 13, 20�4 Page 8 indicates what the City is looking for: securing of the properties at ali times, cutting grass, keeping walks cleaz, removing items that will become a nuisance. Ms. Moermond stated that if Mr. Dufresne goes there everyday, it is surprising that he did not know about the lawn and dumped items. Mr. Dufresne stated he lets Mr. 23oworyia and Globe know when he sees these things; he does not have authority to go ahead and do that. He has to make phone calls and then wait for a response. Ms.lvloermond responded it does not matter who owns the building. It looks like the trustees are part of the problem here. It has been vacant since December 28, 2001, and it has been that long since the proper forms have not been filled out for appropriate contact inforrnation to use in case of emergencies. She is not inclined to decrease the assessment. She suggests the business practices are modified so these issues are addressed right away when they come up. Mr. Noworyia asked why it is $1100 worth of cleanup. Ms. Moermond stated there are minimum chazges and additional fees for recycling air conditioners and tires. Mr. Magner added there was one hour of cleanup, three appliances,l2 tires, two yards of refixse, and three hours of grass cutting. Ms. Moermond recommends approval of both assessments for 1107 Seventh Street East and 1120 Seventh Street East. 1043 Wakefield Avenue (J0304C) Marcia Moermond stated the dwelling was severely compromised by fire and was demolished by order of the City of Saint Paul. The work was authorized by the Fire Department. The assessment is for $19,743.80. Ron Juelfs, owner, appeared and stated he is not familiaz with demolitions. There were two others in the last month from $b,000 to $8,000. This one seems like a lot of money for a coupie of hours to lrnock it down. He sees something about the cost of Red Pine for $2,123.28, but he does not understand what it is for. He also sees a charge for $9,8'73 for dumping at SKB. It is costing him more to dump it, than it costs these other people to have their whole houses demolished. Steve Magner stated that the first costs on Invoice 6405 reflect hourly rates contracted with the City of Saint Paul. Those are �ed rates. When looking at the next liae items, Red Pine is a subcontractor that is working for the demoiirion contractor for testing and removai of asbestos on the site. The dumping costs are what the contractor has to pay, and they provide Code Enforcement with a breakdown of each one. SKB is the name of the closest landfill that will take this type of material. It costs more to landfill these materials than if the house was demolished under standazd practices, in which case they would hire an asbestos contractor, remove the asbestos prior to that, remove any hazardQus waste, or mixed municipal waste. The o�- �so LEGISLATIVE HEARING MINUTES OF JANLJARY 13, 2004 Page 9 only thing that can go in the standazd landfill for demolition would be wood, metal, concrete rubble, and general debris. Other waste cannot be mixed with those. It is not unusual to have $2,000 to $3,000 worth of asbestos in a residen6al home or twice the cost of the demolition. It is azbitrary based on the time the house was built and the materials. The bill has a large fee for dumping. Mr. Juelfs asked what kind of asbestos did they find. Mr. Magner responded he does not know. He would have to check on what was taken out by Red Pine. He has a breakdown he can give him. Ms. Moermond asked does insurance cover this. Mr. Juelfs responded $6,000 of it. Ms. Moermond recommends approval of the assessment 18 Acker Street West (J0307A) The following appeazed: Rose and Roy Ellsworth, owners, E2117, County Road V, Prairie Fazms. Mrs. Ellsworth stated this is the house they purchased when they got married. Her brother-in-law was living there with his mother. They noticed there was stuff outside the house. She called Code Enforcement and asked how she could get permission to go there and haul the stuff away. They advised her to call Andy Dawkins (Code Enforcement) who said he would send someone by and they would send out a letter. The Ellsworths never received a letter. She updated then with the address, and she was told they were way behind in address notifications. Mrs. Ellsworth spoke to Mr. Smith that a letter was sent on July 2l that it needed to be cleaned up. She went down there with a pickup and a trailer to clean up the outside of the house. They brought another trailer in and instructed the brother to put things in the trailer, but he wanted to keep those items. She has a receipt from the dump. She got a call that the City crew came out. She knows it is the brother's fauit that it was not in the trailer. They have his behavior on tape. He said there were tools that were taken. She does not think she should have to pay when she had been there before that. Since then, the properiy has been sold. Mazcia Moermond asked what address Ed Smith send the norice to. Mr. Robinson responded he sent it to the Elisworths at 18 VJ. Acker. Mrs. Ellsworth responded 18 E. Acker is a taa�icab company. They get mailed mixed up all the time. They said they did not receive anything either. Mr. Ellsworth stated they have been asking for copies at their address in Wisconsin. (A videotape was shown.) Mrs. Ellsworth stated those were items brought out of the basement because he had to move it. Ms. Moermond asked was there information about phone calls. Mr. Robinson responded that Mr. Smith had received information about the complaint. 04- �c� LEGISLATIVE HEARING MINUTES OF JANUARY 13, 2004 Page 10 Ms. Moermond recommends reducing the assessment from $519.50 to $224.75 pius the $70 administrative fee for a total assessment of $294.75. She would like to think about this one more then. (Note: Ms. Moermond's recommendation stays as above.) 1069 Avon Street North Joe Miiler, 34435 Park Trail, Center City, 55012, appeared and stated he cleaned everything up. (A videotape was shown.) He does not think the City removed anything, stated Mr. Milier. He cleaned it up. He is fixing up the property to sell it. (A videotape was shown again.) Ms. Moermond stated she sees the bag and the brush. The work crew said they removed it, and that is what the charge is for. Mr. Miller responded it is $323 for that bag and brush. He always cleans up his messes. It was in the back of his house. He does not see what the problem was. Ms. Moermond asked did the City receive anything back. Harold Robinson responded no. Orders were mailed on July 25. A work order was send on August I 1, and the Parks Department cieaned it. Mr. Miller responded he has neighbors who want him to tear the house down, and they keep giving him trouble. What was there was another little mess. That is not the mess they sent the work order on. No one is living there now. Ms. Moermond asked was he living there in July. Mr. Miiler responded he does not know because he is a little confused. He, his wife, and four kids had a house burn down. He can't tell her the date, but he cleaned up the mess after he got the letters. He cannot afFord to pay this assessment because he lost everything in the fire. Ms. IvIoermond stated she heazs financial hardship. She asked is he on disability. Mr. Miller responded no. Ms. Moermond asked about the reinspection on August 11. Mr. Robinson responded that there was no change. There was brush in the backyazd, a black bag, and rubbish. It pretty much identified the same type of nuisance as on the videotape. He does not know about volume. Mr. Miller asked what is a nuisance about twigs in one bag. His neighbors have their yards trashy. This is not massive. Ms. Moermond responded the charge is for a minimum of one hour. Q�� �� LEGISLATIVE HEARING MINUTES OF JANUARY 13, 2004 Page i l Ms. Moermond recommends reducing the assessment from $323 to $153 plus the $70 administrative fees for a total assessment of $223 and spreading the payment over a five-year period. 658 Fuller Avenue (J0307A) Mazcia Moermond stated this is regazding a discazded mattress and refuse. Heather St. John, owner, appeazed and stated she bought the house in February, and her roommate moved into the properry in March. She asked him to leave in July as he was not a good roommate. One day, she came home and he was gone. She did not know the refuse was there until she took out her trash. She would have taken measures to have someone pick it up. Her garbage service did not take the mattress. Harold Robinson added that there is a high charge for mattresses so refuse companies do not take them unless the owner tells them to. He asked who Vanette Phillips is. Ms. St. John responded the previous owner. She did not get notice of it. Ms. Moermond recommends that the Council delete the assessment as the owner was not notified because Ramsey County Taxation is many months behind in their paperwork. 1304 Gaitier Street (Jp3TRASH3Q) Pam Washington, owner, appeazed and stated she had until September 10, and her service started on Septe�nber 7. She realizes this is her fault for not calling in. Ms. Moermond responded she may have another bill for the fourth quarter as well. Today's hearing is oniy for the third quarter, which has three events on it. Mr. Robinson asked who her service is with now. Ms. Washington responded Onyx, 1375 Seventh Avenue, Newport, 55055. Mr. Robinson stated he will put a stop on that. They will have to sort out the bills in the future. Ms. Washington asked about payment options of five years. Ms. Moermond recommends spreading the assessment over five years due to financiai hardsiup. Interest does accrue; last yeaz's iuterest was at 4.75%. Mr. Robinson responded he will issue the orders to pick up the containers. 712 Hawthorne Avenue East (J03TRASH3Q) The following appeared: Sai Lee, 8075 20th Avenue North, Hugo, appeazed. �-�- �o LEGISLATIVE HEARING MINiJTES OF JANUARY 13, 2004 Page 12 Mazcia Moermond stated she had a notice from staff that they aze recommending the assessment is deleted. They say they informed Pazks to stop the garbage collection service and it continued anyway. Mr. Lee responded he paid the first portion_ Mr. Robinson stated they informed Pazks to stop picking up trash in January 2003. When Code Enforcement discovered they had not picked up the containers yet, another order was issued on July 30, 2003. Mr. Lee responded the closing date was December 30, 2002. Before he moved in, the last owner cleaned up everytlung. Then, Mr. Lee got a letter. Unkl AugusY 6, they got the bill. Mr. Robinson responded he got verification of pickup service in January 2003. Mr. Lee stated he paid in August 28. He contacted the County on August 6 and was told to pay this. Ms. Moermond asked does he haue a bill. Mr. Lee responded he did not bring it with him. He paid $670. Then, he had confirmation notice from Louise Langberg, and she wanted him to fas this to prove he had a private collector. She sent a confirmation that she got it. Ms. Moermond stated she needs to get the records pulled on this. It looks like he paid an assessment made in error. Her office will contact Louise Langberg. He may have to fill out a claim against the City. Ms. Moermond's recommendation is to delete the assessment. 15 Maenolia Avenue East (J0307A) (No one appeared to represent the properry.) Marcia Moermond recommends approval of the assessment. 214 King Street West (J0305B) Teri Chilefone, owner, appeazed. Steve Magner explained this is a boazding uQ of a property. Tiie City did Yhe work. The tiUe company should have picked up on this issue or called Code Enforcement to identify. The work was done a month prior to the ciosing_ Some companies will call Code Enforcement to see if there aze any sunomary ai�atement work done that has not gone to assessments. He recommends taking ihe bill to the title company. This is their fault for not picking up on tius issue. (Mr. Magner made a copy of additional paperwork for Ms. Chilefone.) Marcia Moermond recommends approval of the assessment. _ __ __ __.---- — -- -___--�---t - �_.., _____�_.�_. � -- — -�T_ . .- - ,- - - C�-t �SC� LEGISLATIVE HEARING MINUTES OF JANIJARY 13, 2004 827 Van Buren Avenue (J0307A) (No one appeared to represent the property.) Page 13 Harold Robinson recommends deleting the assessment per Andy Dawkins (Code Enforcement). Mr. Dawkins was in conversation with the elderly people in the property. They secured a company called Handy VJorks to do the work for them. They claim Handy Works cleaned up all the brush before the City went out there. Mazcia Moermond asked if there was a videotape. Mr. Robinson responded there probably is one, but Mr. Dawkins had given away the assessment so Mr. Robinson saw no reason to bring the videotape. Ms. Moermond recommends laying over to the January 28, 2003, to view the videotape of this assessment as Administrative staff cannot delete assessments. Appeal of Summary Abatement Order at 1620 Sloan Street. Shah Vang, 818 University Avenue West, appeazed and stated he was the complainer of an illegal dumping on his property of six mattresses and bed posts. Based on statements from his tenants and police report, the mattresses and bed post belong to the owner at 1615 Westminster. He does not know why he is being penalized for this. Hazold Robinson stated it is a large amount of furniture and box spring. This property has a dead end alley. The refuse is against his garage. He issued a summary abatement order, Mr. Vang called about illegal dumping, and Mr. Robinson gave him an extension. Henry Young (Public Works) said he could not pick it up because it is not in the alley. As faz as illegal dumping, it is a police matter. The refuse is adjacent to or near Mr. Vang's property near the alley. Mr. Robinson knows it is not fair, but the CiTy has to get rid of the stuff. There is nothing there that is rotting. Mr. Vang stated clearly those belong to the owner and tenant at 1615 Westminster. 3he does not have the authority to have the tenant do it. Ae does not feel it is his responsibility. He notified the police, and is working with the Mayor's Office and District 5. He is requesting that the City get this guy to clean up the second dumping. Mr. Vang also does not feel the first dumping is his responsibility. He is requesting the City have the authority to ask the other owner to clean it up. Ms. Moermond stated the owner is responsible for cleaning up his property. There are costs associated with that. He can sue them for the cost of the cleanup. Mr. Vang responded that is an opGon, but he wants to work with the City first. He is responsible for maintaining his property. � �' �� LEGISLATIVE HEARING MINUT'ES OF JANUARY 13, 2004 Page 14 Mr. Magner stated the owner still has the right to remove the items himseif and he would have the right to go to small claims court and ask for that money back. The City can only go on his property. Mr. Vang asked shouldn't the City have the authority to do a thorough investigation. If another owner is liable, then they should be asked to remove it. He asked if the City has an obligation to him as a t�payer and owner. Mr. Robinson responded in the meantime it sits there. There could be a lengthy investigation for 90 days, but there is still a pile of fiuniture and debris on the properry. Ms. Moermond stated the taxpayers aze not responsible. Mr. Vang responded they dumped five more truckioads over the weekend. Ms. Moermond sfated Mr. Vang could get connected with Maureen Dolan, a prosecutor that works with Code Enforcement. Mr. Robinson stated Code Enforcement has two police officers now. It is a stretch to do an investigation and have the person own up to it. One of the things that makes it an attractive dump site is to have things there in the first place. Mr. Magner stated the City needs the owner to remove the items, otherwise the City will do it and charge Mr. Vang. Mr. Magner wiil have an office contact Mr. Vang, take a report, and do follow up investigation. As for prosecuting the violators, that is something that cannot be addressed away. Mr. Vang needs to work with the CiYy and get that cleaned up. Mr. Vang stated he is a responsible owner. He recommends that the City clean it up. Mr. Robinson responded it will not be cheap. Ms. Moermond recommends denial of the appeal. This goes to the City Council on January 28. The hearing was adjourned at 12:23 p.m. rrn �P ��`� �aas�s zauquaazr� (90i P� f'l/ � a� . _:��� - ,. . -: �;� �.., - �: �. u ,� r�,wF, �� ' � ;.;� , < , __ , . ro...,�� _ .:.�;,,. .� : � �;=A;' .: �,f;:�� ,.�