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04-851� /`ri�r�ll�� —�/- /- a��J� Council File # `� ' _ �+ � � Green Sheet # 3021476 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 0 1 WHEREAS, Neighborhood Housing & Property 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 one and one-half story, wood frame brick exterior dwelling with a detached, two-stall, wood 4 frame garage located on property hereinafter referred to as the "Subject Property" and commonly known as 5 1467 Albert Street North. This property is legally described as follows, to wit: 6 7 Lot 9, Block 3, Frankson's Como Park Addition. 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information 1 O obtained by Neighborhood Housing & Property Improvement on or before April 16, 2004, the following 1 1 are the now known interested or responsible parties far the Subject Property: Michael S. Chmielewsld & 12 Amy Cazdwell Bradsher, 1467 Albert Street North, St. Paul, MN 55108; Firstu bank, N.A.,425 Walnut 13 Street, Mail L.ocation 9140, P.O. Box 1038, Cincinnati, Ohio 45202 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated June 23, 2004; 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) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair ar demolish the structure located on the Subject Property by July 23, 2004; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing & Property Improvement requested that the City Clerk schedule public hearings before the I.egislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and purpose of the public hearings; and AA-ADA-EEO Employer oy - 85I 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 39 40 41 42 43 44 45 46 47 48 49 50 WHEREAS, a hearing was held befare the I.egislative Hearing Officer of the Saint Paul City Council on Tuesday, August 24, 2004 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to 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 stmccure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with ali applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within F��=� days after the date of the Council Hearing; and 6id� (S) WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 1, 2004 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE TT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 1467 Albert Street North: 1. 2. Q GQ That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. That the costs of demoJition 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 building(s). That the deficiencies causing this nuisance condition have not been con'ected. That Neighborhood Housing & Property Iznprovement has posted a placard on the Subject Property which declares it to be a nuisance condition sub}ect to demolition. That this building has been routinely mon3tored 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 fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. 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 correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within�€�€Cee� days after the date of the Council Hearing. �: v� �S� AA-ADA-EEO Elnployec Dy- �S� 1 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above conective action is not completed within this period of time Neighborhood Housing & Property Improvement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul I.egislative Code. Requested by Department of: Yeas Navs Benanav r / Montaomerv � Bostrom � Thu Has Lar, xel Aaop adop By: Appr By: Absent Nei hbor od Housin Pro ert Im rovement B � � N AA-ADA-EEO Employer � Green Sheet Green Sheet oy- gs Green Sheet Green Sheet Green Sheet Green Sheet � Departmentloffice/council: Date Initiated: I NH — NeigLborhoodHousin�&operty �-��-04 � Green Sheet NO: 3021476 � Contact Person & Phone: ��t Sent To Person InitiaUDate Andy DaWkins � 0 ' bor o r 2661927 qssign 1 ' borhood Ho ' o De arhnent Directo �� Must Be on Council Agenda by (Date): Number Z �� _ . 07SEP-04 , For Routing 3 or's0ffice Ma or/A " t Order 4 o cil 5 ' Cler C' Clerk Total # of Signature Pages _(Clip All Locations for Signature) Aciion Requested: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the xesolation, Neighborhood Aousing & Properry Improvement is ordered to remove the building. The subject property is located at 1467 Albert Street North. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a coniract for ihis department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opport�nity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible pazties known to the Enforcement Officer were given an order to repair or remove the building at 1467 Albert Street North byJuly 23, 2004, and have failed to comply with those orders. Rdvantages If Approved: The City will eliminate a nuisance. AUG 0 6 2004 Disadvantages If Apqroved: . _ � The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. , Disadva�pges If Not Approved: �. A nuisance condifion will xemain unabated in the City. This building(s) will continue to blight the community. ToWI Amount of g000 CosURevenue Budgeted: y Trensaction: Fundin9 Source: Nuisance Housing nctivity Number: 30251 ��"� ��`� Financiallnformation: Abatement (ExPlain) �UG 0 6 2fl�4 CITY OF SAINT PAUL Randy C. Kelly, bfayor July 30, 2004 oy- �5 ! DN[S[ON OF PROPERTY CODE ENFORCEMEYT Andy Daw/uns, Progsam Manager Iduisanre Builtling CoCe Enforcemeni l600 horth W{�ite Bear.lvenue Tel: 65l-166-1900 Safnt Pau( �' S5106 F¢r. 651-266-1926 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council ��^+`�.�`3'�?z � ' " c'4. ,...r,,t. r.�,r�fic� , ,�� < < �€: Neighborhood Aousing & 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: __. _ ,, _ 1467 Albert Street North The City Council has scheduled the date of these hearin�s as follo�vs: Legislarive Hearing - Tuesday, August 24, 2004 City Council Aearing -�Vednesday, September 1, 20o4 The owners and responsible parties of record aze: Name and Last Known Address Michael S. Chmielewski & Amy Cardwell Bradsher 1467 Albert Street North St. Pau1,1�LN 55108 . .� ..�.. � , nau • ' �aa ♦��nr.�� • : r . 3"!F {t��iSair. 'fi. ri+�.a�^yS a.:.-.m . . . . .0 .�..wn • • : ♦� .... •s �n• '.��. ' �• �� Interest Fee Owner Hold� of'_�Iorsaase rs_a P.A-.IDA-F'i0 Empioyc. oy- �s I 1467 Aibert Street North July 30, 2004 Pa�e 2 Nei�hborhood Aousing & Property Improvement has declared this building{s) to constitute a "nuisance" as defined by Legslative Code, Chapter 45. Nei�hborhood Housin� & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razin� and removin� this building(s}. Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the comxnunity continues Co 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 failin� that, authorize the Nei�hborhood 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, 1>� � / / ' Steve Ma�er Vacant Buildin�s Supervisor Nei�hborhood Housing & Property Improvement SM:mI cc: Frank Berg, Building Inspection and Desigi Meghan Riley, Ciry Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO E�loycr LEGISLATNE HEARING MINUTES OF AUCsUST 24, 2004 T�e�� c��k �S\ Page 6 Ms. Moermond recommends decreasing the assessment from $323 to a total assessment of $161.50. She wiil check further about decreasing the assessment entirely. It seems the City did the work. It is a registered vacant building. She would need to double check to make sure the name at the Maplewood address is on the notice record. Without knowing more, she will reduce the assessment by half. Appeal of Summary Abatement Order at 483 Sherburne Avenue. Mazcia Moermond stated this is about gazbage and rubbish in the alley. Steve 7ohnson, owner, 576 Bay Street, appeazed and stated this has already been conected. This is rental property. The tenants were in court and were removed from the propezty later. He was out there on four occasions with a police escort. He called on Thursday. He has tape recordings of his conversation with Paula Seeley, (NHPn. I,ater, Lisa Martin (NHP� went there and cited him. On Thursday, Friday, through the following Friday, he was at that properry at 7:00 am., 2:00 p.m, and 6:00 p.m. everyday. Ms. Moermond asked is he referring to an order when he says "cited." Mr. Johnson responded yes. This is harassment. He is a concemed landlord. He has had meetings with Andy Dawkins (NIiPn and the inspectors. He has said that if they call him about a problem there, he will work with them. He is guilty of the trash. He is out there three times a day. He does not deserve this kind of treahnent. Hazold Robinson reported that Ms. Martin noted that all the items on the original inspection had been abated, and she ciosed her file. He has one photograph of the trash. It is a simple suinmary abatement. He does not see how Mr. 7ohnson can say it is hazassment. (Mr. Robinson showed a photograph.) Mr. Johnson stated he is surprised that the inspector did not have photographs of the alley, which is much worse. Ms. Moermond recommends denying the appeal because the conditions did exist when the inspector was there. The inspector seemed to have taken appropriate action. The owner wiil not be immediately liable for excessive consumption of services at this address because the situation was corrected. He may be liable in the long run if there aze repeaYed violations ai the same property. � Resolution ordering the owner to remove or repair the building(s) at 1467 Alhert Street North. If the owner fails to comply with the resolntion, Neighborhood Aousing and Property Improvement is ordered to remove the building(s). (No one appeared to represent the property. Mr. Terbeek submitted photographs.) Mike Terbeek reported this is building has been vacant since December 29. The cunent owners are Michael 5. Chmielewski and Amy Cazdwell Bradsher per Ramsey County Properiy Records and Revenue. The owners have not discussed the intentions with NF3PI. Two Summary Abatement Notices were issued to secure the dweliings, remove refuse, and cut tail grass/weeds. On June 15, o�- �s � LEGISLATNE HEARING MINUTES OF AUGUST 24, 2004 Page 7 2004, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An Order to Abate a Nuisance building was issued on June 23, 2004, with a compliance date of July 23. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. The City has had to boazd this building to secure it aaainst trespass. The vacant building fees are due. Taxation has placed an esrimated market value of $52,500 on the land and $132,900 on the buiiding. On June 23, a Code Compliance Inspection was done. As of today, a$2,000 bond has not been posted. NI3PI esrimates the cost to repair is $90,000 to $100,000; esrimated cost to demolish, $7,000 to $8,000. Mr. Terbeek continued: the basement is dug out. Temporary jacks have been installed that the owner was attempting to bury in cement under the structure of the house. The two barrels (in the photographs) were apparently the owner's homemade air filtration system. The house has been gutted. Ms. Moermond stated it looks like there was a fire. Mr. Terbeek responded there was a fire. A bobcat was rented which has become bothersome for the neighbors. He has two letters from the neighbors pius a voicemail this morning regarding the property. Ms. Moermond stated she has received about ten calls and has been copied on the same letters that Mr. Terbeek received. Ms. Moermond recommends approval and amending the resolution to repair or remove in five days. She is concerned about the owner's capacity to execute the rehabilitarion of the property based on the fact that he dug np the basement withouY anypexmits, dug up the yard with a Bobcat, and not contacted the gas company. No permits have been pulled on any of the work. The City has not heard from the owner or the mortgage holder about potential rehabilitation plans. The first item listed on the Code Compliance Inspection Report is to "Provide au evaluation from a strucYurai engineer on the foundation," and the second item is to "Double a112 by 6 floor joists with no. 2 D.F. for second floor. The entire foundation appears to be comprised. Many of the neighbors did not want to be identified for feaz of retaliation. This person was working late at night with a Bobcat and had engaged in some verbai altercations with the neighbors. Mr. Terbeek added that, according to Steve Magner (NHPn, the air filtration system would bring abont a mold probiem in the house. Resolution ordering the owner to remove or repair the building(s) at 79 Atwater Street If the owner fails to comply with the resolntion, NeigHborhood Housing and Property Improvement is ordered to remove the building(s). (No one appeared to represent the properry. Ivlr. Terbeek submitted photographs.) Mike Terbeek reported he has several pictures, some dating back a yeaz. The building was condemned on April 17, 2003 and has been vacant since Aprii 21. The currenT owner is Yang Properties per Ramsey County Properry Records and Revenue. The owner has not discussed intentions with NHPI. There have been 15 summary abatement notices to remove refuse from yard, cut tall grass/weeds, secure first floor of property, secure front door, remove snow(ice. On May 25, 2004, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. On order to abate nuisance building was issued on June 2, 2004 with a