05-182Council File # � "!
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Green Sheet # �.�a't��'
RESOLUTION �
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
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 two-story, wood frame, single family dwelling and the detached, oversized, two-stall,
4 garage located on property hereinafter referred to as the "Subject Property" and commonly known as
5 1011 Burns Avenue. This property is legally described as follows, to wit:
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Lot 22, Block 3Q Suburban Hills, EXCEPT the East 97.07 feet thereof.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and informarion
obtained by Neighborhood Housing & Property Improvement on or before September 20, 2004, the
following are the now known interested or responsible parties for the Subject Property: Avidigm Capital
Crroup, Inc., 8655 Eagle Point Blvd., Lake Elmo, MN 55042; Avidigm Capital Group, Inc., 1011 Burns
Avenue, St. Paul, MN 55106-6718; L,ang Thi Vu, 2343 10`" Ave E, Apt 102, St. Paul, MN 55109;
Fischer, Fischer, & 7effery, 8655 Eagle Point Blvd., Lake Elmo, MN 55042; Bank One, NA, Home Loan
Services, PO Box 710097, Columbus, OH 43271-0097; Peterson Fram & Bergman, Suite 300, 50 East
Fifth Street, St. Paul, MN 55101-ll97
WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the
provisions of Chapter 45 of the Saint Paul LegislaUve Code an arder identified as an "Order to Abate
Nuisance Building(s)" dated November 8, 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
WFTEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by November 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 Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and
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OS' lYZ
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
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, February 15, 2005 to hear 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
welfaze and remove its blighting influence on the community by rehabilitating this structure 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 of
the structure to be completed within €�f�ee� (13 j days after the date of the Council Hearing; and
dne. h�tc�.Ri��/ I $C�
WF3EREAS, a hearing was held before the Saint Paul City Council on Wednesday, March 2,
2005 and the testimony and evidence including the action taken by the I.egislative 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 1011 Burns Avenue:
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That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
That the cosYS 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 this resolution
and that the notification requirements of Chapter 45 have been fulfilled.
•'� •
The Saint Paul City Council hereby makes the following order:
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1 1. The above referenced interested or responsible parties shall make the Subject Property safe �� t � Z
2 not detrimental to the public peace, health, safety and welfaze and remove its blighting influence
3 on the community by rehabilitating this structure and correcting all deficiencies as prescribed in
4 the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable
5 codes and ordinances, or in the altemaUve by demolishing and removing the structure in
6 accordance with all applicable codes and ordinances. The rehabilitation or demolition and
removal of the structure must be completed within.�'i�ea-(-�5} days after the date of the Council
Hearing. pne hu.�c�re�Q.a��h�.� �L 80�
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2. If the above correcrive action is not completed within this period of time Neighborhood Housing
8c Property Improvement is hereby authorized to take whatever steps are necessary to demolish
and remove this structure, fill Yhe site and charge the costs incuired against the Subject Property
pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
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 Pau] I.egislative Code.
Yeas Navs Absent
Benanav :�--
Montnomerv ,�—
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By:
Appx
By:
Requested by Department of:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Departm�tloffice/council: Date Initiated: �`� � �
NH �eighborhoodHousingJProperty Z,,,�-05 Green Sheet NO: 3024952
Contact Person & Phone: ����t Sent To Person InitiallDate
Mdy Dawkins � 0 rhood o'
266"�92� Assign 1 e rhoodHo ' o Direetor � �
Musi Be nn Council Agenda by (Date): Number y � A
02-MAR-OS ` ' For �� D
Routing 3 vor'sOffice Mavor/Assis7ant
oraer 4 0 ��
5 " Clerk Ci Clerk
Total # of Signature Pages _(Clip NI Locations for Signature)
Action Requestetl:
City Council to pass this resolurion 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 i
is located at 1011 Burns Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this persoNfirtn ever worked under a contract for this department?
CIB Committee Yes No
Civil Serlce Commission 2. Has this person/firm 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 antl attach to green sheet
Initiating Problem, Issaes, 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
I,egislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 1011 Burns Avenue by November 23, 2004, and have failed to comply with those orders.
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Advantages If Approved: �n �
The City will eliminate a nuisance. ��;;�i �, ;, '• �
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Disadvaatages If Approved: %°�g°�'�' "�"" ��
The City will spend funds to wreck and remove this building(s). These costs will be assessed t�i� pro�exty��, �olle��� spec�ial
assessment against the property taxes.
Disativantages If Not Approvetl:
A nuisance condition will remain unabated in the City. This building(s) will conUnue to blight the couununity.
ToWi Amount of
Transaction: $000 Cost/Revenue Budgeted: y -�- - ��-
Fundinysource: NuisanceHousing ActivityNumber:30257
Financial Information:
Abatement �� ,���fCfi �8Yt�2�
(Explain)
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NEIGHBORHOOD HOUSLYG & PROPERTY .MPROVEMENT
Andy Dawlrtns. Program Manager n
C I� �F' S�r PAj �. Nuisance Building Cade Fr�farcemrnt
Randy C. Kelly, Mayor 1600 Nardi Wliite BearAvenue Trl: 6)1-?66-1900
Saint Pauf, M.N 55106 Far 651-266-1926
January 21, 200�
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Neighborhood Housing & Property Improvement , Vacant/Nuisance Buildings 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:
1011 Burns Avenue
The City Council has scheduled the date of ihese hearings as follows:
Legislative Hearing - Tuesday, February 15, 2005
City Counci! Hearing - Wednesday, March 2, 200�
The owners and responsible parties of record are:
Name and Last Known Address
Avidigm Capital Group, Inc
8655 Eagle Point Blvd
Lake Elmo, MN 55042
Avidigm Capital Group, Inc
1011 Bums Avenue
St. Paul, MN 5�106-6718
Lang Thi Vu
2343 10`" Ave B
Apt 102
St. Paul, MN 55109
Fischer, Fischer, & Jeffery
8655 Eagle Point Blvd
Lake Elmo, MN 55042
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Interest
Fee Owner
Fee Owner alternative address
Rental Registration stated Owner
Attorney for Fee Owner
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1011 Bums Avenue
January 21, 20Q5
Pa�e 2
Name and Iast Known Address
Bank One, NA
Home Loan Services
PO Box 710097
Coiumbus, OH 43271-0097
Peterson Fram & Bergman
Suite 300
50 East Fifth SCreet
St. Paul, Nl�i I 55101-1197
The legal description of this propercy is:
Interest
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Second Vtortaaae Holder
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Attomey for 2° Mort�a�e Holder
Lot 22, Btock 30, Suburban Hills, EXCEPT the East 97.07 feet thereof.
Neighborhoad Housing & Property Improvement has declared this building(s) to constitute a
"nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Housing & Property
Improvement has issued an order to the then known responsible parties to eiiminate this nuisance
condition by correcting the deficiencies or by razina and removing this building(s).
Inasmuch as this Order to Abate has not been compiied with the nuisance condition remains
unabated, the community continues to suffer the blightin, influence of this property. It is the
recammendation of the Nei�hborhood Housing & Property Improvement 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 failin� that, authorize the Nei�hborhaod Hoasing & Property
Improvement to proceed to demolition and removai, and to assess the costs incurred against the
real estate as a special assessment to be collected in the same manner as taxes.
Sincerely,
�o
, . �� .
Steve Magner
Vacant BuiIdin�s Supervisor
Neighborhood Housing & Propercy Improvement
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cc: Frank Berg, Building Inspection and Design
7udy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary Yo the Councii
Laurie Kaplan, PED-Housing Division
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MINIITES OF THE LEGISLATIVE HEARING
ORDERS TO REMOVE/REPAII2, CONDENINATIONS, ABATEMENT ASSESSMENTS,
ABATEMEN'T ORDERS, RENTAL REVOCATIONCERTIFICATES
Tuesday, February 15, 2005
Room 330 City Hatl; I S Kellogg Boulevazd West
Mazcia Moermond, Legislative Hearing Officer
The hearing was called to order at 10:02 a.m.
STAFF REPORT: Steve Magner, Neighborhood Housing and Property Improvement
Resolution ordering the owner to remove or repair the bnilding(s) at 1774 Norfolk Avenue.
If the owner fails to comply with tbe resolution, Neighborhood Housing and Properfy
Improvement is ordered to remove the building(s).
(Laid over from 2-2-OS Ciry Council)
Colleen Moore, owner, appeared.
Steve Magner reported he was at the properiy yesterday and met with Ms. Moore. He took more
photographs. Primarily, the front and rear secrions of the yard are close to being in compliance.
The side yard, from the sidewalk to the rear alleyway stiil has a Iot of storage. The yazd is 50%
clean.
(Mr. Magner submitted photographs.)
Ms. Moore stated she hauled anottzer load yesterday. She is sore and fell down twice in the mud.
She got all the nuts loose on the horse trailer, will be able to move the rires, and drive it out. She
has another load to go today. The only thing left is to ramove the doghouse. It is neaz a water
puddle. She wilI haue to wa7k it across the yard.
Ms. Moermond stated Ms. Moore got the yard 113 clean the first two weeks of the month. Now,
she is halfway there in the following two weeks. That means progress has slowed down. Kay
Wittgenstein (House Calls) is able to put Ms. Moore in touch with agencies that wili provide
assistance. Ms. Moore said she would be done with this by now, said Ms. Moermond. Ms. Moore
responded that sometimes she cannot move well.
Ms. Moermond stated Ms. Moore needs help to get this done because her health is not predictable.
This matter will be before the City Council again tomonow at 3:30 p.m Last time, Ms.
Moermond asked the Council to give two weeks to clean up the outside of the property. Ms.
Moore needs to make faster progress, and she has enough means to get help with this cleanup.
Ms. Moermond asked for a promise to make the commihnent to hire help with this. Ms. Moore
respanded�e m�ve�slawiy: She�a� zriosT ever}�ing on a�ar��_ She is never� depenaent ---
on someone else.
Ms. Moermond stated she is asking Ms. Moore to hire someone and that person would be working
for her. She suggested Ms. Moore pick out those things that will give her an injury and not do
them. Ms. Moore responded it is keeping her alive and doing things, but she will get ahold of Ms.
Wittgenstein today or see her. She can figure out how she will hire somebody.
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MINUTES OF TI-lE LEGISLATIVE HEARING OF FEBRUARY I5, 2005 Page Z
Ms. Moermond stated the outside must be done in iwo weeks, and the owner will hire someone, as
she just promised. If the owner breaks that promise, alI bets aze off. Ms. Moermoad will make
one last pitch to the City Council based on Ms. Moore's personal word.
Mr. Magner stated that the City can hire someone, also. Ms. Moermond responded that the Ms.
Moore knows how much it will cost to haae the City cleau it up. 5he has given her word that she
will hire sameone, and Ms. Moermond wi11 see her in two weeks.
TvIs. Moermond recomtnends laying over to the March 1 Legislative Hearing and the Mazch 2 City
Council Meeting. Ms. Moore will talk to Ms. Wittgenstein today, and Ms. Moermond will taik to
her, also. Ms. Moore will hire someone to clean the exterior in the next two weeks.
L (� Resotution ordering the owner to remove or repair the building(s) at 1011 Burns Avenue. If
'7�' the owner fails to comply with the resolufion, Neighborhood Housing and Property
Improvement is ordered to remove the building(s).
(The photographs were submitted.)
The follawing appeated: Esther McGitu�is, Peterson, Fram, and Bergman, 50 Fifth Street East,
representing 7P Morgan Chase Bank; Wally Nelson, Renovation, Inc.
Steve Magner reported this is a two-story wood frame single family dwelling with a detached two-
sta11 garage. The building has been vacant since July 9, 2004. The current owner is Avidigm
Capital Group. There haue been three summary abatement notices to secure windows, cut tall
grass, remove debris, and remove asbestos contaminated fill, grade hill, and install erosion
controls. On October 14, 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 November 18, 2004, with a compliance date of
November 23, 2004. As of this date, this properry rernains in a condition which comprises a
nuisance as defined by the legislative code. The vacant building registration fees of $250 are due.
Real astate taxes aze unpaid of $805.68. Tasation has placed an estnnated market value of
$36,900 on the laud and $43,400 on the building. As of today, a Code Compliance Inspection has
not been appliad for and the $2,000 bond has not been posted. Code Enforcement Officers
estimate the cost to repair is $100,000. The estnnated cost to demoiish is $8,000.
Esther McGinnis explained that 7P Morgan Chase Bank has the second mortgage on this property.
It was her understanding that Avadigm was looking to rehabilitate the properiy, and she is
surprised they are not here.
Wa11y Nelson explained that he has a deal with Avadigm to buy their interest, and he will talk to
Ms. McGinnis after the hearing today. (He showed Ms. Moermond his plan.) His company has a
good track record. The last tune he was here, they taiked about 907 St. Anthony. He is about
1�alfway done with that house. It is put back together, sided, reroofed, and is being painted right
now.
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NIINUTES OF TFiE LEGISLATIVE FiEARING OF FEBRUARY 15, 2005 Page 3
Mr. Nelson continued: he spoke to Jim Seeger (LLEP) and one the inspectors on 101 I Bums. The
biggest issue is that it was exposed to weather. He and his partner do not tUink it is that bad. It
was constntcted up to code using very strong trusses. It is all open spanned. It can be designed
any way Ms. Moermond wants because none of it will be load bearing. The load bearing wili be
on the ouYside because of the strong trusses. He has an option with Avadigm to buy their posirion,
wluch is the first one. There aze three mortgages out there. Avadigm owns one, Chase l�as one,
and there is a private mortgage in fhe amount of about $96,OOd. Obviousiy they ail have the right
to redeem.
Mr. Nelson stated he plans to commence a five week redemption period immediately after the Ciry
Council says he can have 1&0 days. Six months out or 180 days from today is August 15. He will
be done before that. New houses can be built They can build new houses from scratch in 120
days. This housa has fhe foundation. Most of the framing is done, except for interior walls. The
roof is done. They are a month ahead of schedule. From talking with Council President Lantry,
one of the issues is the front hilI. The owner started pourinb cement steps, and it is an eyesore.
Mr. Neison proposes to terrace that, bring it up from the bottom, and make it look good. He will
have the bond pulled by the Council Meeting, he will own the first mortgage by then, and he will
pay the vacant building fee. He can also pull the bond tomorrow. He will deal with fhe heirs to
eliminate them from the procedure. Usually it takes eight weeks to do a five week redemption
because it has to be published.
Mr, Neison is looking for one of two things: 1) a 60 day layover to a11ow him to get this handled,
or 2) 180 days would be fine, too. During the five week redemption, he plans to get in there and
design everytliing. He toid Council President Lanhy that as soon as he has this designed, he will
bring her a work plan, get the permits approved by the City. He has baen calling Chase for weeks,
but it is a big corporation and hopefully he wili talk to them today. He knows who has the third
mortgage. The person has passed away, but there are heirs he can reach. He is looking for a little
leeway from the City.
Ms. Moermond stated he has to first get through the Ciry Council Public Hearing on March 2.
Vacant building fees are due. Real estate tases are not paid. A code compliance inspectioz� is not
advisable because this is an incomplete snvcture; however, he should get a letter from 7im Seeger
(License, Inspections, Environmental Protection) about what would be required. Mr. Nelson
responded that he will pay for a report and have Mr. Seeger do his normal write up. Also, there is
wiring to the house.
Mr. Magner stated that tIus is technically a remodel or an addition to an existing structure. The
exisfing structure was torn down.
Ms. Moermond sfated there is a bad history with the neighborhood. It is smart to talk to Ms.
Lantry os� this one. When it was before the City Council last tune, they changed it from a 15 day
order to a 5 day order. Ms. Moermond is Iooking for a higher than normal level of commitment
on Mr. Nelson's part. She would like a personal commihnent from him that there will not be
problems by way of an unsecured building, unshoveled walks. She would Iike to see the taxes
paid. Mr. Nelson responded if the City tears it down, it is not a buildable lot. He will pay the
ta�ces the next day if the City Council will give him the time.
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MINIJTES OF'I'HE LEGISLATIVE HEARING OF FEBRUARY 15, 2005 Page 4
Mr. Magner stated one possibility is for the appellant to bring a letter to the Council with all the
items Ms. Moermond is looking for. If the appellant brought that to CounciI the night of the
hearing with the appinpriate checks, it would be similar to going to closing with an escrow
accounf.
The Council can adopt tke resolution, and lay it over for 60 days, said Ms. Moermon@. When they
do that, they can finish closing the dea1. Mr. Nelson can post the bond, pay the taxes, and do
everytfiii�g by Friday, March 4. The Council has five days to transmit a resolution to the Mayor's
Office. If Ms. Nalson does not perform on his end, she will ask the Mayor to sit on it. It can be
recalled at the March 21 Ciry Council Meeting..
Mr. NeIson asked what happens if it takes a week or two Ionger on the five week redemption if he
has done everything else. Ms. Moermond responded she is not concerned about that.
Mr. Nelson summarized: Ms. Moermond is going to give him a 60 day layover, she wants the
current and back taxes paid, the bond paid, and the code compliance report. Ms. Moermond added
that she also wants the Vacant Building Fees paid. She is asking the Council to do a 60 day
layover. She wiIl see him again May 3.
Mr. Nelson said he wilt keep Ms. Moermond informed. His option agreement is for one week
with Avadigm. If they will not extend it, all bets aze off.
Ms. Moermond stated she will also dock the 60 days that they already did the layover.
Mr. Magner asked the layover date for legisIative hearing. Ms. Moermond responded she wiil ask
for a layover to the May 3legislarive hearing. The first City Council hearing is March 2.
Ms. Moermond stated that this issue will be revisited on March 2 af 530. If the Council agrees
with her recommendation and lays it over for 60 days, the appellants needs to pay the vacant
building fees, pay the t�es, obtain the code compliance inspecrion, post the $2,OOQ bond, and start
maintaining the properry. If these issues ara taken care of by the Mazch 4, Ms. Moermond will
notify the Mayor to sign the resolurion granting the 6d day layover. Then, this wiIl come back to a
Legislative Hearing on May 4 to discuss the outcome of the 5 week redemption and schedule
rehabilitation at that point. Ms. Moermond added that if everytivng goes accoiding to p1an, they
wili come up with a recommendation for 90 or I30 days to be granted for rehab of the structure.
Mr. Magner requested that this intent is clearly identified in the minutes in case there is a third
pariy. The City does reserve the right on May 3 to digress from this standpoint and go to a five
day resolution to repair or remove if these things are not kept in compliance. Ms. Moermond
added that this resolution would not go before the Council until March 4. It is possible the
Councii will not vote 90 or 120 days. They could vote 5 days if there is no performance.
(Ms. Moetmond recommends laying over to the May 3, 2005, I,egislativa Hearing provided the
following is completed by noon of Mazch 4, 2005: 1) pay the vacant building fees, 2) pay the
current and late real estate t�es, 3) obtain a Code Compliance Inspecfion Report, 4) post a$2,000
bond, and 5) maintain the exterior ofthe property.)
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MINUTES OF'THE LEGISLATNE HEARING OF FEBRUARY 25, 2005 Page 5
Appeal of Notice of Revocation for Rental Registration Certificate at 157 Front Avenue.
Austia Fang, owner, appeared,
Ms. Moermond stated she received a phone message that NHPI is no Ionger moving to revoke the
rental registration. They aze not hying fo take away the certificate anymore. She asked was that
the owner's undezstanding. Mr. Fang responded yes. He calied Paula Seeley (NHPI inspector) a
couple of times. Mr. Fang did not get anydluig from the City. The letter mentioned that he would
come over. He called the director Andy Dawkins. He requested $75 for rental certification. Mr.
Fang sent that. Then, Ms. Seeley called to inspect the inside. So many things need to be fixed.
Everyfliing is there. He brought a letter to his attomey.
Ms. Moermond stated she has paperwork for the rental registration certificate. There is no longer
a problem with that. His problem now is that the City has issued a Correction Order for a Izst of
things he needs to do. Mr. Fang wants to appeal that. She does not have that paperwork in front
of her, so he will have to come to another legislative hearing. In the meanrime he does not have to
do them, and the deadline does not apply. She would say he should work on those things she
agrees with and get sYarted. She can waive the $25 appeal fee because it was paid foz today. He
needs to fi]e an appeal of the Conection Order in the City Clerk's Office. Mr. Fang responded his
lawyer was going to write a letter or ca11 Ms. Seeley.
Ms. Moermond told Mr. Fang to inform his lawyer that he has ten days to file an appeal or it does
not matter. If it is not appealed within ten days, they agree with what tkie inspector said.
Mr. Fang said that he and his wife aze scheduled to go overseas on March 3 to 19, 2005.
Ms. Moermond denied the appeal on the Noflce dated January 20, Z005.
Resolution ordering the owner to remove or repair the building(s) at 473 Van Buren
Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and
Property Improvement is ordered to remove the building(s).
(No one appeared to represent the property.)
(Photographs were submitted.)
Steve Magner gave the following staff report: This building is a two-story wood frame dwelling
with a wood deck. The building has been vacant since Apri127, 2004. The current owner is Lori
Athias. There have been seven summary abatement notices issued far several code violations on
the properiy. On December 7, 2004, an inspection of the building was conducted, a Iist of
deficiencies which constitute a nuisance condition was developed, and photographs were taken.
An Order to Abate a Nuisance Building was issued on December 15, 2004, with a compliance date
of January 14, 2005. 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 board this building to secure it
against trespass. The vacant building fees are current. Taxation has placed an estimated market
vaIue of $85,800 on the land and $105,000 on the building. On January Zl, a Code Compliance
Inspection was done. On February 4, a bond was posted. The owner called prior to this hearing
�--� ��
MINUTES OF T'HE LEGISLATIVE HEARING OF FEBRUARY 15, 2005 Page 6
and asked for a layover or 180 days and indicated she would not be represented here because they
wouid be out of town. Code Enforcement inspectors estimate the cost to repair is $50,000 to
$60,000; estimated cost to demolish, $7,000 to $8,000.
Mr. Magner stated the owners submitted a Vacant Building Registration Form indicating they
were going to commence rehabilitafion on January 26. The bond did not go through on the
original date it was posted, but it went through on February 4. A building pemut was issued in
February 2005.
Ms. Moermond stated there was a call from Lori Athias requesting a two week layover and Ms.
Moermond granted it contingent on a bond being successfully posted in L1EP (License, Inspection,
Environmental Protection). That was done; therefore, she will lay this over to the March 1
Legislafive Hearing. It is already scheduled for City Councii Public Hearing on March 2. A letter
should be sent to Ms. Athias canfirming this and requesting that she provide us with a work
program with dates for completion and evidence of financial wherewithal to execute the
rehabilitation plan. Everything else appears to be in order. Mr. Magner responded that he has a
work pian but it is lacking a time line and financial perspective.
Ms. Moermond stated it looks like there is a tree inside the house according to the photographs.
Mr. Magner responded the previous owners put tree debris inszde the house. It is also a kazardous
condition due to a combustible load.
Ms. Moermond is also seeing broken windows and mildew on the walls.
Mr. Magner stated there is extensive moisture neaz the stairs. This was a vandalized structure.
The meters were removed.
1n the photographs, said Ms. Moermond, there is an opening in the floor where the toilet would be
mounted, but it is not capped. She asked is this a public health problem. Mr. Magner responded
that toilets have a minimuxn of a three inch line that goes directly into the sanitary sewer system.
Lacking a cap or fixture, there is no water tap to keep sewer gas in and theze is no deterrent for
rodents.
Ms. Moermond recommends laying over to tl�e Mazch 1 I,egislative Hearing and the March 2 City
Council Meedng.
The hearing was adjourned at 11:05 a.m.
�
(�-I�SZ
REPORT
Date: Febniary 15, 2005
Tnne: 10:00 a.m.
Place: Room 330 City Ha[1
15 West Kellogg Boulevazd
LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAII2,
CONDEMNATTONS, ABATEMENT ASSESSMENTS, ABAT`EMENT ORDERS,
RENTAL REVOCATION CERTIFICATES
Marcia Moermond
Legislative Hearing Officer
Resolution ordering the owner to remove or repair the building(s) at 1774 Norfolk Avenue.
If the owner fails to comply with the resolution, Neighborhood Housing and Properly
Improvement is ordered to remove the building(s}.
(Laid over from 2-2-OS City Council)
Legislative Hearing Officer recommends laying over to the March 1 I,egislarive Hearing and the
Mazch 2 City Council Meering.
�J� Resolution ordering the owner to remove or repair the building(s) at 1011 Bnrns Avenue. If
/1` the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building(s).
Legislative Hearing Officer recommends laying over to the May 3, 2005, Legislative Hearing on
condifion that the following is done by noon of March 4, 2005: 1) Pay vacant building fees,
2) Pay current and late real estate tases, 3) Obtain a Code Compliance Inspection Report,
4) Post a$2,000 bond, and 5} Maintain the exterior of the property.
Appeal of Nofice of Revocation for Rental Registration Certificate at 157 Front Avenue.
Legislative Hearing O�cer recommends denying the appeal on the notice dated January 20, 2005.
Resolution ardering the owner to remove or repair the building(s) at 473 Van Buren
Avenue. If the owner fails to comply with the resolation, Neighborhood Housing and
Property Improvement is ordered to remove the buiiding(s).
Legislative Hearing Officer recommends laying over to the March 1 Legislative Hearing and the
March 2 City Council Meeting.
�
os-e6
REPORT
Date: January 25, 2005
Time: 10:00 a.m.
Place: Room 330 City Ha11
15 West Kellogg Boulevazd
LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIIt,
CONDEMNATIONS, ABATEMENT ASSESSMENTS, ABATEMENT ORDERS,
RENTAL REVOCATION CERT'IFICATES
Marcia Moermond
Legislative Hearing Officer
Resolution ordering the owner to remove or repair the building(s) at 1774 Norfolk Avenue. If the
owner fails to comply with the resolution, Neighborhood Housing and Properry Tmprovement is
ordered to remove the building(s). (Laid over from 12-28-04)
(Legislative Hearing Officer's recommendation is forthcoming.)
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