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05-183/ f / e'� i�-�51�1J�dd ��1� o�,o�dl�-� RESOLl1TfON CITY OF SAfNT PAUL, MINNES07A Presented By Referred To Council File # _� ! Green Sheet # -�%�� Committee: Date WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removai of a two-story, wood frame, single fanuly dwelling and the wood deck located on property hereinafter referred to as the "Subject Property" and commonly known as 473 Van Buren Avenue. This property is legally described as follows, to wit: L,ots 37 and 38, Block 2, Smith's Sub. of Blocks 2, 6, 7& 8, of Stinson's Division of Northwest Quarter of Section 36, Township 29, Range 23. 10 WIIEREAS, based upon the records in the Ramsey County Recarder's Office and informaUOn 11 obtained by Neighborhood Housing & Property Improvement on or before November 4, 2004, the 12 following are the now known interesfed ox responsible parties for the Subject Property: Rodney G 13 Burton, 362 Ruthie Lane, Hudson, WI 54016-8132; Rondey Burton and Ann Burton, 13401205� Ave, 14 Downing, WI 54734-9499; David Youmans, 766 Iglehart, St. Paul, MN 55104 15 16 17 1$ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, Neighbarhood 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 December 15, 2004; and WHEREAS, this oxder informed fhe then known interested or responsible parties that the structure located on the Subject Property is a nuisance bnilding(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 January 14, 2005; and WHEREAS, the enforcement o£ficer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condiUOn has not been corrected and Neighbarhood Housing & Property Improvement requested thai the City Clerk schedule public hearings before the I.egislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEI2EAS, 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 puipose of the public hearings; and 33 AA-ADA-bE0 Employer � 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, February 15, 2005 to hear testimony and evidence, and after receiving testimony 3 and evidence, made the recommendation to approve the request to order the interested or responsible 4 parties to make the Subject Property safe and not detrimental to the public peace, health, safety and 5 welfare and remove its blighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing 7 the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolifion of 8 the structure to be completed within fi��}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 24 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ;� WHEREAS, 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 Legislative Hearing Officer was considered by ihe 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 herehy adopts the following Findings and Order concerning the Subject Property at 473 Van Buren Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Lzgislative Code, Chapter 45. 2. 3. 4. 5. 6. 7. 8. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000,00). That thzre now exists and has existed multiple Housing or Building code violations at the 5ubject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to cotrect the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been conected. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Properiy 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. 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 rehabilitaring this shucture and correcting a11 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 accardance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the shucture must be completed within `� after the date of the Council Hearing. /Qd AA-ADA-EEO Employer OS-tg3 2. If the above corrective action is not completed within this period of time Neighborhood Housing & Propefty Improvement is hereby authorized to take whatever steps aze 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 L.egislative Code. 6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 7 property or fixtures of any kind which interfere with the demolition and removal shali be 8 removed from the property by the responsible parties by the end of this time period. If all 4 personal property is not removed, it shail be considered to be abandoned and the City of Saint 10 Paul shall remove and dispose of such property as provided by law. 11 12 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties 13 in accordance with Chapter 45 of the Saint Paui Legislative Code. Yeas Navs Absent Benanav MontqomeY'V �- BOE '"- Thz Has Lar. Hel Requested by Department of: Adop Adop BY: Appr By: AA-ADA-EEO Employer Neiahborhood Housina Prooertv Improvement BY: � a l�/�7�f �� YUI � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � NH — xeig6borUoodxousing/Prope�ly Contact Person & Phone: Andy Dawkins 266-7927 Must Be on CuUnCil Agenda = OZ MAR-05 Date Initiated: 21-JAN-0S � Assign Number For Routing Order O'S-��3 Green Sheet NO: 3024953 DeoartrnenY Senf To Person InitiaVDate 0 1 HleiehiwrhoodHou.sinnlProoer i DeoarlmentDirector 8 2 ' Attorne 3 a or's Oftice Ma o/Assistent 4 oun ' 5 it Clerk Ci C ak Total # of Signature Pages �(Ctip All Locations for Signature) City Council to pass this resolufion which will ordu the owner(s) to remove or repair the referenced building(s}. If the owner fails to comply with the resolution, Neighborhood Housing 8c Property Improvement is ordered to remove the building. The subject property is located at 473 Van Buren Avenue. itlations: Approve (A) or R Plannmg Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: �. Has this person/firm ever worked untler a contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this persoNfirm 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 C' Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapte= 45 and a vacant building as defined in Chapter A3 of the Saint Paul LegislaGve Code. The owners, interested parties and responsible parties l�own to the Enforcement Officer were given an order to repair or remove the building at 473 Van Biuen Avenue by 7anuary 14, 2005, and have failed to comply with those orders. AdvanWges If Approved: The City will eliminate a nuisance. ��` �� ? ��;. Disativantages If Approved: The City will spend funds to wreck and remove this building(s). These costs will be assessment against the property taxes. Disadvantages If IJOi Approved: A nuisance condition will remain unabated in the City. This building(s) will continue to blaght the community. Trensaction: Funding Source: Financial Information: (ExPlain) :111 Nuisance Housing Abatement CosURevenue Butlgetetl: y Activiiy Number: 30251 as a special Ctst� ��rch Cett#a� � .. :��_.. o5-t�3 . .�., Date: February 15, 2005 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLA"I'1VE HEARING FOR ORDBRS TO REMOVE(REPAIIZ, CONDEMNAT'IONS, ABATEMENT ASSESSMENTS, ABATEMFiNT ORDERS, RENTAL REVOCATION CERTTFICATES Marcia Moermond I,egislative 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 Property Improvement is ordered to remove the building(s). (Laid over from 2-2-OS City Council) L,egislative Hearing Officer recommends laying over to the March i Legislative Hearing and the March 2 City Council Meeting. Resolution ordering the owner to remove or repair the building(s) at 1011 Surns Avenue. If 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, Legislafive Hearing on condition that the following is done by noon of March 4, 2005: 1) Pay vacant building fees, 2) Pay current and late real estate ta�ees, 3) Obtain a Code Compliance Inspection Repozt, 4) Post a$2,000 bond, and 5) Maintain the exterior of the property. Appeal of Notice of Revocation for Rental Registration Certificate at 157 Front Avenue. Legislative Hearing Officer recommends denying the appeal on the notice dated January 20, 2005. � Resolution ordering the owner to remove or repair the building(s) at 473 Van Buren Avenue. If the owner faiis to cumply with the resulution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Legislative Hearing Officer recommends laying over to the March 1 Legislative Hearing and the Mazch 2 City Council Meefing. rrn NEIGHBORHOOD HOGSING & PROPERTY IMPROVEMENT ry Andv Dawkins. Progr¢m Manage� Q�� 7�� V CITY OF SAIIVT PAUL Rartdy C. KeUy, �V(¢yor Nuisance Sui(ding Cade Ertforcemen� 16DONanhWl:iteBearAvenue Ze[: 6>I-26b-1900 Saint Paut, �N�V SSIOb Fmi: 651-266-1926 January 21, 2005 NOTICE OF PUBLIC HEARINGS . �` PA , ,,, ,, p C�•°� - .._ ,� . _ , .�, Council President and Members of the City Council ��'� �� Neiahborhood Housing & Property Improvement , VacandNuisance 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: 473 Van Buren Avenue The City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, February 15, 2005 City Council Hearing - Wednesday, March 2, 20Q5 The owners and responsible parties of record are: Name and Last Known Address Rodney G Burton 362 Ruthie Lane Hudson, WI 54016-8132 Rondey Burton and Ann Burton 1340 1205th Ave Downing, WI54734-9499 David Youmans 766 I?lehart St. Paul, MN 55104 The legal description of this property is: Interest Fee Owner Rental RegistraCion listed Owner New Owner I,ots 37 and 38, Block 2, Smith's Sub. of Blocks 2, 6, 7& 8, of Stinson's Division of Northwest Quarter of Section 36, Township 29, Range 23. :;;��;., nn-.�nr,-�eo ��ar� _:�..,.. oS�t�3 473 Van Buren Avenue 3anuary 21, 2005 Pa�e 2 Nei�hborhood HousinJ & Property Improvement has declared this buildin�(s) to constitute a "nuisance" as defined hy L,egislative Code, Chapter 45. Nei�hborhood Housin� & Property Improvement has issued an order to the then known responsible parties to eliminate ihis nuisance condition by correc[ina the deficiencies or by razing and removina this buildin�(s). Inasmuch as this Order to Abate has not been compiied with the nuisance condition remains unabated, the community continues to suffer [he blightin� 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 failing that, authorize the NeiDhborhood Fiousing & Property Improvement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, 1✓ . . � �� . i Steve Ma?ner Vacant Buildings Supervisor Neighborhood Housino & Property Improvement SM:m] cc: Frank Berg, Buildin� Inspection and Design Judy Hanson, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ��nPn AA-ADA-EEO EmpLoyer °' ��=`.�;. �= Y�. -, � \�S3 �� MINiITES OF TI-� LEGISLATIVE HEARTNG ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, ABATEMFNT ASSESSMENTS, ABATEMENT ORDERS, RENTAL REVOCATIOI�iCERTIFICATE5 Tuesday, February 15, 2005 Room 330 City Hail; 15 Keliogg Boulevazd West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:02 a.m. STAFF REPORT: Steve Magner, Neighborhood Housing and Properry Improvement 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 Property Improvement is ordered to remove the building(s). (Laid over from 2-2-OS City Council) Colleen Moore, owner, appeazed. Steve Magner reported he was at the property yesterday and met with Ms. Moore. He took moze photographs. Primarily, the front and rear sections of the yard are close to being in compliance. The side yazd_ from the sidewalk to the rear alleyway still has a lot of storage. The yazd is 50% clean. (Mr. Magner submitted photographs.) Ms. Moore stated she hauled another 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 tires, and drive it out. She has another load to go today. The only thing left is to remove the doghouse. It is neaz a water puddle. She will have to walk it across the yard. Ms. Moermond stated Ms. Moore got the yard 1!3 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 Ca11s) is able to put Ms. Moore in touch with agencies that will 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. Moare needs help to get this done because her health is not predictable. This matter will be before the City Council again tomorrow at 3:30 p.m. Last tune, Ms. Moermond asked the Council to give two weeks to clean up the outside of the properry. 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 responded she moves slowly. She has most everything on a hard surface. She is never dependent 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. � �� MIDiUTES OF TI� LEGISLATIVE HEARINCs OF FEBRUARY 15, 2005 Page 2 Ms. Moermond stated the outside must be done in two weeks, and the owner will hire someone, as she just promised. If the owner breaks that promise, all bets are off. Ms. Moermond 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 tbat the Ms. Moore knows how much it wili cost to have the City clean it up. She has given her word that she will hire someone, and Ms. Moermond will see her in iwo weeks. Ms. Moermond recommends laying over to the March 1 Legislative Hearing and the Mazch 2 City Council Meeting. Ms. Moare will talk to Ms. Wittgenstein today, and Ms. Moermond wiil talk to her, a1so. Ms. Moore will kure someone to clean the exterior in the next rivo weeks. Resolution ordering the owner to remove or repair the building(s) at 1011 Burns Avenue. If tbe owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (The photographs were submitted.) The following appeazed: Esther McGinnis, Peterson, Fram, and Bergman, 50 Fifth Street East, representing JP Morgan Chase Bank; Waliy Nelson, Renovation, Inc. Steve Magner reported this is a two-story wood frame single family dwelling with a detached two- stall garage. The building has been vacant since July 9, 2004. The current owner is Avidigm Capital Group. There have been three stuiunary abatement notices to secure windows, cut tali 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 property remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building registration fees of $250 are due. Real estate ta�es are unpaid of $805.68. Taxation has placed an estimated market value of $36,900 on the land and $43,400 on the building. As of today, a Code Compliance Inspection has not been applied for and the $2,000 bond has not been posted. Code Enforcement Officers estimate the cost to repair is $100,000. The estimated cost to demolish is $8,000. Esther McGinnis explained that JP Margan Chase Bank has the second mortgage on this property. It was her understanding that Avadigm was looking to rehabilitate the properry, and she is surprised they aze not here. Wally 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 pian.) His company has a good track record. The last time he was here, they tallced about 907 St. Anthony. He is about halfway done with that house. It is put back together, sided, reroofed, and is being painted right now. �S ��s3 NIIIVUTES OF THE LEGISLATIVE HEAItTNG OF FEBRUARY 15, 2005 Page 3 Mr. Nelson continued: he spoke to Jim Seeger (LIEP) and one the inspectors on 1011 Burns. The biggest issue is that it was exposed to weather. He and his partner do not think it is that bad. It was consh�icted 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 wi11 be load bearing. The load bearing will be on the outside because of the strong hvsses. He has an option with Avadigm to buy their position, which is the first one. There aze three mortgages out there. Avadigm owns one, Chase has one, and there is a private mortgage in the amount of about $96,000. Obviously they a11 have the right to redeem. Mr. Nelson stated he pians to commence a five week redemption period immediately after the City Council says he can have 180 days. Six months out or 180 days from today is August I5. He will be done before that. New houses can be built They can build new houses from scratch in 120 days. This house has the foundation. Most of the framing is done, except for interior walis. The roof is done. They aze a month ahead of schedule. From talking with Council President Lantry, one of the issues is the front hill. The owner started pouring cement steps, and it is an eyesore. Mr. Nelson 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 wili 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 the heirs to elnninate them from the procedure. Usually it takes eight weeks to do a five week redemption because it has to be published. Mr. Nelson is looking for one of two things: i) a 60 day layover to aliow 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 everything. He told Council President Lantry that as soon as he has this designed, he wi11 bring her a work plan, get the permits approved by the City. He has been cailing Chase for weeks, but it is a big corporation and hopefully he wi11 talk to them today. He lrnows who has the third mortgage. The person has passed away, but there ue heirs he can reach. He is looking for a little leeway from the City. Ms. Moermond stated he has to first get through the City Council Public Hearing on Mazch 2. Vacant building fees are due. Real estate tases are not paid. A code compliance inspecfion is not advisable because this is an incomplete structure; however, he should get a letter from Jim Seeger (License, Inspecfions, Environmental Protection) about what would be required. Mr. Nelson responded that he wi11 pay for a report and have Mr. Seeger do his normal write up. Also, there is wiring to the house. Mr. Magner stated that this is technically a remodel or an addition to an existing structure. The existing structure was torn down. Ms. Moermond stated there is a bad history with ihe neighborhood. It is smart to talk to Ms. Lanhy on this one. When it was before the City Council last time, they changed it from a 15 day order to a 5 day order. Ms. Moermond is looking for a higher than normai level of commihnent on Mr. Nelson's part. She would like a personal commitment from him that there will not be problems by way of an unsecured building, unshoveled walks. She would like to see the taYes paid. Mr. Nelson responded if the City teazs it down, it is not a buildable lot. He will pay the taxes the next day if the City Council will give him the time. �� MIrtUTES OF TF� LEGISLATIVE HEARING OF FEBRUARY 15, 2005 Page 5 Appeal of Notice of Revocation for Rental Registration Certificate at 157 Front Avenue. Austin Fang, owner, appeazed. Ms. Moermond stated she received a phone message that NHPI is no longer moving to revoke the rental registration. They aze not hying to take away the certificate anymore. She asked was that the owner's understauding. Mr. Fang responded yes. He called Paula Seeley (NF3PI inspector) a couple of times. Mr. Fang did not get anytlung from the City. The letter menrioned that he would come over. He called the director Andy Dawkins. He requested $15 for rental certification. Mr. Fang sent that. Then, Ms. Seeley called to inspect the inside. So many things need to be fixed. Everytl�ing 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 list of things he needs to do. Mr. Fang wants to appeal that. She does not have that paperwork in front of her, so be will have to come to another legislative hearing. In the meantune 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 started. She can waive the $25 appeal fee because it was paid for today. He needs to file an appeal of the Correction Order in the City Clerk's Office. Mr. Fang responded his lawyer was going to write a letter or call Ms. Seeley. Ms. Moerxnond 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 the inspector said. Mr. Fang said that he and his wife are scheduled to go overseas on March 3 to 19, 20Q5. Ms. Moermond denied the appeal on the Notice dated January 20, 2005. � Resolution ordering the owner to remove or repair the buiiding(s) at 413 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 April 27, 2004. The current owner is Lori Athias. There have been seven summary abatement notices issued for several code violations on the properiy. On December 7, 2004, an inspection of the building was conducted, a list of deficiencies which consritute a nuisance condition was developed, and photographs were taken. An Order to Abate a Nuisance Building was issued on December 15, 20Q4, wiYh 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 boazd this building to secure it against trespass. The vacant building fees are current. TaYation has placed an estimated market value of $85,800 on the land and $105,000 on the building. On January 21, a Code Compliance Inspection was done. On February 4, a bond was posted. The owner called prior to this hearing �5- ��5� MI1�UT`ES OF THE LEGISLAT`IVE HEARING OF FEBRUARY 15, 2005 Page 6 and asked for a layover or 18Q days and indicated she would not be represented here because they would 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 rehabilitation 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 permit 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 con6ngent on a bond being successfully posted in LIEP (License, Inspection, Environmental Protection}. That was done; therefore, she willlay this over to the March 1 Legislarive Hearing. It is already scheduled for City Council Public Hearing on March 2. A letter should be sent to Ms. Athias confrming this and requesring that she provide us with a work program with dates for compleuon 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 plan 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 inside the house. It is also a hazardous 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. In the photographs, said Ms. Moermond, there is an opening in the floar where the toilet would be mounted, but it is not capped. She asked is this a pubiic health problem. Mr. Magner responded that toilets haue a minnnum 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 there is no detenent far rodents. Ms. Moermond recommends laying over to the March 1 Legislative Hearing and the March 2 City Council Meeting. The hearing was adjourned at 11:05 a.m. rrn o� � �3 MINUTES OF THE 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 Council the night of the hearing with the appropriate checks, it would be similaz to going to closing with an escrow account. The Council can adopt the resolution, and lay it over for 60 days, said Ms. Moermond. When they do that, they can finish closing the deal. Mr. Nelson can post ffie bond, pay the taYes, and do everythuig by Friday, Mazch 4. The Councii has five days to transmit a resolurion to the Mayor's Office. If Ms. Nelson does not perform on his end, she will ask the Mayor to sit on it. It can be recalled at the Mazch ll City Council Meeting.. Mr. Nelson asked what happens if it takes a week or two longer on the five week redemption if he has done eveiythiug else. Ms. Moermond responded she is not concerned about that. Mr. Nelson summarized: Ms. Moermond is going to give him a b0 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 Councii to do a 60 day layover. She will see him agaiu May 3, Mr. Nelson said he wiil keep Ms. Moermond informed. His option agreement is for one week with Avadigm. If they will not extend it, a11 bets are off: Ms. Moermond stated she will also dock the 60 days that they already did the layover. Mr. Magner asked the layover date for legislative hearing. Ms. Moermond responded she will ask for a layover to the May 3legislative hearing. The first City Council hearing is March 2. Ms. Moermond stated that this issue will be revisited on Mazch 2 at 5:30. If the Council agrees with her recommendafion and lays it over for 60 days, the appellants needs to pay the vacant building fees, pay the taxes, obtain the code compliance inspection, post the $2,000 bond, and start maintaining the properiy. If these issues are taken care of by the March 4, Ms. Moermond will notify the Mayor to sign the resolution granring the 60 day layover. Then, this wili come back to a L,egislative Hearing on May 4 to discuss the outcome of the 5 week redemption and schedule rehabilitation at that point. Ms. Moermond added that if everything goes according to plan, they will come up with a recommendation for 90 or 130 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. Ma Moermond added that this resolu6on would not go before the Council until March 4. It is possible the Council will not vote 90 or 120 days. They could vote 5 days if there is no performance. (Ms. Moermond recommends laying over to the May 3, 2005, Legislative Heariug 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 tases, 3) obtain a Code Compliance Inspection Report, 4) post a$2,OQ0 bond, and 5) maintain the eatteriar of the property.) __ E . ��j /.,� � ti __... ,. -..,�. -. - �.... . . _. :. _ i� -, \ � -. �� . � . � � , � '� �.� ` �'S�.(, .� � .i �`\ \ J E f 9.� ' .. . . . � � �•- � ,� � ` '� `' `�'' a � ; r. -" � .. � -�- �i � b� : : �`` .-� J` � F I� .��`�� / . T � � � ' i �c - � SI}�.`lt �� -: '�,' �t' t e - . ��''• s �'� i� {.,' � '. � � t ` �' � ' '� . - ? N "�:: ' �s r < <- �y, -'� .'Afyi .� «'� �{. 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