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04-925/��rv��.o /O-oz� O� Council File # O� �� `-' Green Sheet # 3021853 Presented By Referred To Committee: Date Z� 1 Wf�REAS, 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 three-story, triplex, wood frame structure with an attached one-sta11, and a detached two- 4 stall, gazage located on property hereinafter referred to as the "Subject Property" and commonly known 5 as 1040 3essie Street. This property is legally described as follows, to wit: 6 7 Lot 10, Block 8, Fairview Addition to the City of St. Paul, Minnesota. 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 11 are the now known interested or responsible parties for the Subject Property: Clarence R Palmer & I.ois 12 N. Palmer, 381 Case Ave, St. Paul, MN 55101-4029 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 & 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 June 21, 2004; and WHEREAS, this arder 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 or demolish the structure located on the Subject Property by 7uly 21, 2004; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to consUtute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected 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 time, date, place and purpose of the public hearings; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA � AA-ADA-EEO Employer 2 io 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 0�_ 9 �-s WHEREAS, a hearing was held before the L,egislative Hearing Officer of the Saint Paul City Council on Tuesday, September 14, 2004 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested ar responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighring influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within f�*��a after the date of the Council Hearing; and ��D � WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 22, 2004 and the testimony and evidence including the action taken by the L,egislative 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 1040 Jessie Street: 1. 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 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 building(s). That the deficiencies causing this nuisance condition have 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 routinely monitored by Neighborhood Housing & Property Improvement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in tius resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 44 l. The above referenced interested or responsible parties shall make the Subject Property safe and 45 not detrimental to the public peace, health, safety and welfare and remove its blighting influence 46 on the community by rehabilitating this structure and correcting ail deficiencies as prescribed in 47 the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable 48 codes and ordinances, or in the altemative by demolishing and removing the structure in 49 accordance with all applicabie codes and ordinances. The rehabilitation or demolition and 50 removal of the structure must be completed within f�f��; days after the date of the Council 51 Hearing. /BD AA-ADA-EEO Employer D�- 9�-s � 2 3 4 5 6 7 8 9 10 11 12 2. If the above corrective acrion 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 stmcture, fill the site and chazge 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 Legislative Code. Requested by Department of: Yeas Benanav Montaomerv � Bostrom �� ThL Has Lar. Hel Adop Ado� By: Appr By: Navs IAbsent I Neiqhborhood Housina Proqertv Improvement _ � � � L-�..-��.� �!!� � - /' �- ���1 f - / AA-ADA-EEO Employer D�f- 9�S � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnenUOffice/council: Date Initiated: NH — NeigpborhooclHousina/Propeny Zo-A��4 Green Sheet NO: 3021853 Contact Person & Phone: �euartment Sent To Person InitiaVDate Mdy DaWkins � 0 rh Ho ' o r ,y � /" �� ��� 26&1927 /L551gn 1 ei2liborhoodHonainomraoer Deoar[mentDirttfnr _���Ely(yljp'/ Musi Be on Council Agenda by (Date): Number � � 22-SEP-04 2 ' Attom For � RoUting 3 a or's Otfice Ma or/Acc:cr�nt Order 4 0�� 5 i lerk Cti Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action 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 resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 1040 7essie Street Recommendatlons: Approve (A) or Reject (R): Personal Service ConVacts Must Answer the Following Questions: Planning Commission 7. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Euplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity(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 L,egislative Code. The owners, interested pazties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 1040 7essie Sueet by July 21, 2004, and have failed to comply with those orders. AdvantageslfApproved: The Ciry will eiiminate a nuisance. DisadvantageslfApproved: 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. Disadvantages If Not Approved; A nuisance condition will remain unabated in the City. This building(s) will confinue to blight the community Total Amount of � 7rensaction: � OOpO CosURevenue Budgeted: y _ Fundiny source: Nuisance Housing Activity Number: 30251 Abatement �;�z �s�,�g�v� ��g�4�a Financial Information: c (Explain) �UG 312Q04 4� 9zs LEGISLATIVE HEARING MINUTES OF SEPTEMBER 14, 2004 Page 18 Resolurion ordering the owner to remove or repair the property at 1040 Jessie Street. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building. (Photographs were submitted by NF�PI..) The following appeared: Alice Ray and I,ois Palmer, owner. Ms. Ray stated there is an offer on the table, but it is lower than Ms. Palmer expected. Steve Magner gaue the following report: this is a three-story wood frame dwelling with three units and a detached two stall gazage. It has been vacant since April 11, 2001. The current owner is Clarence R. Palmer and Lois N. Palxner per Rawsey County. Ms. Palmer has indicated she would like to market the building. There have been four siunwary abatement notices to remove debris, cut tall grass/weeds, remove rubbisti, remove velucle. On June 16, 2004 an inspection of the building was conducted, a list of deficiencies wluch constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on June 21, 2004 with a comgliance date of Ju1y 21. As of this date, this property remains 'vn a condition which comprises a nuisance as defined by the legislative code. The vacant building fees have been paid. Real estate tases aze unpaid in the amount of $3,935.68. Taacation has placed an estunated market value of $35,000 on the land and $90,000 on the building. On July 23, 2004, a team inspection was completed by the Fae Department. As of September 14, a bond has not been posted. They estimate the cost to repair this structure is $80,000 to $100,000; estimated cost to demolish, $8,000 to $10,000. Marcia Moermond explained that there is a public hearing on September 22 to discuss this 15 day order to remove the building. The real estate taices are not being paid. If the owner wanted to rebabilitate it, that is a big strike against them. Another bad signal is the summary abatements and orders that haue been written. If the owner does not have a track record of rehabilitating the building, they should have a business plan to demonstrate that they lmow what they aze getting into. Ms. Moermond also looks for the fivancial capacity to execute the rehabilitation or something to show they have the funds to get the job done. She is glad that the inspection has been done. She would ]�lce to see a purchase agreement. Ultimately, the transaction would be completed. The bond has not been posted. Before rehabilitation, a$2,000 bond needs to be posted; it is refundable after the project is done. She would like to heaz a concrete report from Mr. Magner before the City Council meeting on September 22. Mr. Magner clarified: Ms. Moermond would like a purchase agreement with a plan far redevelopment by September 22. If not, the recommendation is 15 days to repair or remove. Ms. Moermond responded that would be the bare minimum and then she would recommend it be sent back to legislative hearings so that she can develop the work prograui to get the building rehabi]itated and check the fu�ancial wherewithal information. Ms. Moermond recommends laying over to another legislative hearing ifthe following is done by noon of September 22, 2004: purchase agreement and information showing financial wherewithal to rehabilitate the property. d� �l�S LEGISLATIVE HEARING MINLJTES OF SEPTEMBER 28, 2004 Page 4 Resolution ordering the owner to remove or repair the property at 1040 Jessie Street. If the owner faiLs to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building. (Laid over from 9-1404) Mazcia Moermond stated a norice should be sent to the new owner to appeaz at the legislarive hearing on October 12, 2004. The address is on the purchase agreement. The agreement mdicates the new owner will pay the tases. The followmg needs to be done: $2,000 bond needs to be posted, work plan needs to be put together that addresses the items on the Code compliance Inspection, and the ta�ces paid. Mr. Magner added the new owner will not be closing until November 2.