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05-228Council Fi1e # 0 S �� Green Sheet # '�" OF Presented By Referred To RESOLUTION PAUL, MINNESOTA Committee: Date S`� 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 with a small metal utility shed located on 4 property hereinafter referred to as the "Subject Property" and commonly known as 55 King Street East. 5 This property is legally described as follows, to wit: 6 7 The West 1/3 of L.ots 6 and 7, and the West 1/3 of the South 1/2 of Lot 8, Block 107, 8 West St. Paul, EXCEPT the West 38 feet of said I.ot 6 and the West 38 feet of the South 9 23 feet of said L,ot 7. 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 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvement on or before November 15, 2004, the following are the now known interested or responsible parties for the Subject Property: 011ie M. Davis, 55 King Street East, St. Paul, MN 55107; The Provident Bank, 1 East Fourth Street, Mail 198 D, / Cincinnau, OH 45202; H.R.A. City of St. Paul, MN, City Attorney's Office, 400 City Hall, St. Paul, MN 55102; Lawrence A. Wilford, 7ames A. Geske, & Wilford & Geske, 7650 Currell Blvd., Suite 300, Woodbury, MN 55125; 200 U.S. Courthouse, 316 N. Robert Street, St. Paul, MN 55101, Case No. 3-04-2645 WHF.REAS, 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 December 29, 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 or demolish the structure located on the Subject Property by Januazy 14, 2005; and WHEREAS, the enforcement officer has posted a placazd 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 WIIEREAS, 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 AA-ADA-EEO Employer os- aa� 1 WHEREAS, a hearing was held before the L,egislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, March 1, 2005 to heaz testimony and evidence, and after receiving testimony and 3 evidence, made the recommendation to approve the request to order the interested or responsible parties 4 to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and 5 remove its blighting influence on the community by rehabilitating this structure in accordance with all 6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in 7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to 8 be completed within fifteen (15) days after the date of the Council Hearing; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday Mazch 16, 2005 and the testimony and evidence inciuding the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE TI' 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 conceming the Subject Property at 55 King Street East: That the Subject Property comprises a nuisance condition as defined in Saint Paul L,egislative 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 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 declazes 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 aze 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: The above referenced interested or responsible parties shall 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 and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. AA-ADA-EEO Employer os- aa� 1 2. If the above corrective action is not completed within this period of time Neighborhood Housing 2 & Property Improvement is hereby authorized to take whatever steps are necessary to demolish 3 and remove this structure, fill the site and chazge the costs incurred against the Subject Property 4 pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 5 6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 7 property or fixtures of any kind which interfere with the demolition and removal shall be 8 removed from the property by the responsible parties by the end of this time period. If all 9 personal property is not removed, it shall 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 Paul Legislative Code. 14 15 Benanav Mont4omerv Bostrom Thti Has Lar. Hel AdOF AdoF By: Appr By: Yeas Navs � � Requested by Department of: Absent Nei hborh o Housin Pro ert Im rovement �^ � By: AA-ADA-EEO Employer _ OS'� � Green Sheet Green Sheet Green $heet Green Sheet Green Sheet Green Sheet � Departrnentlof8cdcouncif: Date Initiated: NH —�g��Ho�;�� 04FE6-05 GYeP.It Sheet NO 3025116 Conqct Person & Phone: Deoartrnent Sent To Person InitiaVDate Mdy Dawkins � 0 rh Ho ' zss-tsz� assiyn 1 nooaa u ari,nentrnrector �_,?-�_ Must Be on Council Agenda by (Date): Number 2 i A m �" � O 16-MAR�5: ; p /t , For y �� Routing 3 or's Office Ma or/Asdstant Order 4 �� 5 ' Cla'k (.1 Clerk Total # of Signature Pages _(Clip All Locations for Signature) AetiOn 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 55 King Street East. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following �uestions: Planning Commission 1. 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 personffirm possess a skill not normally possessed by any . current city employee? _ Yes No ' Explain all yes answers on separete sheet and attach to green sheet - ��7 ;� } .• 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 Legislative Code. The owners, interested parties and responsible parties laown to the Enforcement Officer were given an order to repair or remove the building at 55 King Street East by 7anuary 14, 2005, and have failed to comply with those orders. AtivanWges If Approved: yps. �� f �,g� �,��,}�g The City will eliminate a nuisance. e�Ra�i• FEB 3. 6 5 DisativanWges If Approvetl: 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 ta�ces. Disadvantages �f Not Approved: � A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. � w Total Amount of g000 Cost/Revenue Budgeted: Y , � � � ,; �',� � � � Trensactiorr. - Fundin9 Source: NuiSanCe HOUSing Activity Number: 30251 r ,�� r �� 1 � �"�_�:', Financiallnformation: Abatement (F�cPlain) � � 4 � ��d.9 t� � � Y os- a�� NEIGHBORHOOD HOUSL\G & PROPERTY IMPROVEMENT And,v Dawkias, Progrmn ,Nanager CTI'Y OF SAINT PAUL Fuism:ce Bui(ding Codr Enfortrment R¢ndy C. Kefly, Maya� 1600 Nordt 14'hite BrarAveaue Tr1: 6�1-266-1900 SaiatPa�d,,YLV SS106 Fac: 651-266-1926 February 4, Z00� NOTICE OF PUBLIC HEARINGS Council President and Members of the City Councii Neighborhood Housing & 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: 55 King Street East The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, March 1, 2005 City Council Hearing - Wednesday, March 16, 2005 The owners and responsible parties of record are: Name and Last Known Address 011ie M. Davis 55 King Street East St. Paul, MN 55107 The Provident Bank 1 East Fourth Street Mail 198 D Cincinnati, OH 45202 H.R.A. City of St. Paul, MN City Attomey's Office 400 City Hall St. Paul, MN 55103 Interest Fee Owner Mort�a�e Holder Atty. for Mort�a�e Holder s AA-ADA-EEO Employer ��-�°"'�' OS- aa� 55 King Street East February 4, 2005 Pa�e 2 Name and Last Known Address Lawrence A. Wilford, James A. Geske, & Wilford & Geske 7650 Cusell Blvd., Suite 300 Woodbury,MN 5�12� 200 U.S. Courthouse 316 N. Robert Street St. Paui, MN 55101 Case No. 3-04-2645 The legal description of this property is: Interest Atty. for Mortga�e Holder Bankruptcy Court The West 1/3 of Lots 6 and 7, and the West 1/3 of the South 1/2 of Lot 8, Block 107, West St. Paul, EXCEPT the West 38 feet of said Lot 6 and the West 38 feet of the South 23 feet of said Lot 7. Neighborhood Housing & Property Improvement has declared this building(s) to constitute a "nuisance" as defined by I.egislative Code, Chapter 45. Neighborhood Housing & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Neighborhood 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 failing that, authorize the Nei�hborhood Housing & Property Improvement to proceed to demolition and removai, and to assess the costs incused a�ainst the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �> . . � � . Steve Maaner Vacant Buildin�s Supervisor Neighborhood Housing & Property Improvement SM:ml cc: Frank Berg, Building Inspection and Design Judy Hanson, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kapian, PED-Housing Division AA-ADA-EEO Emplayer . � - o� � t�� LEGISLATIVE HEARINGS MINLJTES OF MARCH 1, 2005 Page 2 Ms. Moermond stated she would like the financial paperwork and the time lines by noon tomorrow (Mazch 2). If everything checks out, she will recommend to the City Council 180 days to rehabilitate the property. The public hearing has been conducted and this item is on the City Council agenda tomorrow (Mazch 2). (Note: the fivancial paperwork and the time lines were turned in by noon of Mazch 2; therefore, Ms. Moermond recommended 180 days to rehabilitate this property. The City Council voted 3-2-OS to accept this recommendation.) � Resolution ordering the owner to remove or repair the building(s) at 55 Kine Street Eas� If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Jodi Lindor, Litton Loan Servicing, appeazed. Steve Magner reported this is a two-story single family dwelling. The building was condemned on June 17, 2004, and it has been vacant since November 14, 2003. The current owner is 011ie M. Davis. There haue been seven sununary abatement notices issued for various code violations. On December 15, 2004, an inspection of the build'mg 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 December 29, 2004, with a compliance date of January 14, 2005. As of this date, the property remains in a condition which comprises a nuisance as defined by the legisladve code. The City has had to board this building to secure it against trespass. The vacant building Registration Fees are due. Real Estate tases are due of $606 for 2003 and $806 for 2004. Tasation has placed an estimated market value of $31,700 on the land and $100,200 on the building. A Code Compliance Inspecfion was done on Mazch 24, 2004. A bond has not been posted. The cost to repair this structure is $50,000. There was a water leak and the property is frozen, so the value is underestimated at this time. The current estimate to demolish is between $7,000 to $8,000. NHPI is looking for a resolution to repair or remove this building in 15 days. There was a foreclosure action started, and the standazd six month redemprion period would run out in September 2005, said Mr. Magner. Ms. Moermond asked about an appeal of a condexnnation in 2004. Mr. Magner responded the owner appealed a condexnnation and then tried to rehabilitate this structure. The owner was not financially prepazed to do that, is Mr. Magner's understanding. Ms. Lindor stated her client does not want the properiy demolished, and is willing to work with the City to cleaz the violations. They would like some time to assess the cost, get a contractor out, and get a bid for the code violations. They aze in the process of doing that. In answer to several questions, Ms. Lindor responded that Litton is now the holder of the mortgage. She is appearing for Lawrence A. VJilford and James A. Geske, who aze listed as the attomey for the mortgage holder. She would like an extension for two to three weeks. It has been refened to them for foreclosure. That is on hold pending this condemnation. C�S `�-t�M�`� LEGISLATNE HEARINGS MIN[JTES OF MARCH l, 2005 Page 3 Ms. Moermond asked is the mortgaae holder the responsible party. Mr. Magner responded the City has not had any contact with Ms. Davis or her parry for svc months. She was the person that ordered the Code Compliance Inspecflon a yeaz ago. Regarding the water, iwo weeks ago there was a catl about water rnnnTr,g in the properry. There was watar leaking from the property. They contacted the water department, who shut off the curb spot. Since then, they inspected the property and there was extensive water dam2ge with frozen pipes that started to leak. They have contacted a neighbor who lived direcUy to the north and down the hi11. They have been informed the property has been affected by this damage. As time goes on, if this issue is not abated through rehabilitation or demolition, the City would have more of a health kazard by growing mold on the property. There is a possibility that a draiu in the basement is blocked causing the water to fill up in the partial basement, spilled out, seeped through the ground, migrated over the top because the ground was frozen, and mi�ated to fhe neighboring property. Ms. Moermond asked if any of these Suimnary Abatement Orders were actualiy conducted by the Ciry or did the notification bring about the correc6on of these problems. The file indicates 90% of the items were taken cara of by the Ciry resulting in a work order. Tha City was there a month ago cleaning the yard. Ms. Moermond stated she sees "cut ta11 grass and weeds, and remove animal feces, and secure first floor" and then there is a dog food issue, She asked were the feces inside or outside. Mr. Magner responded there were feces outside. There were a number of dogs at the proper[y which left with the owners. There were other neighborhood dogs. Ms. Moermond stated she is looking at a situation where tYie current parties have not taken any responsibility for managing the property in the time period leading up to the hearing, which caused a sezious deterioration in the property. The City has been a property manager for ensuring that sidewaiks are shoveled, lawns mowed, dog poop picked up, and securing the building. Securing the building is a huge issue. It is considered an amactive nuisance: a buiiding that brings homeless people and teens into the structure, is a criminal problem, and a fire problem. People will start a fire in a building like this to keep watni, and buildings burn down. The Vacant Building Registration Fees being overdue is a problem. Nobody has been down to the City to say they are responsible for this building TaYes have not been paid. There is a Code Compliance Inspection on the record, but another needs to be done because of the water damage. She is hesitant to grant au extension, and asked what the firm is going to do to ensure tYris property is not a nuisance. Ms. Lindor responded the information she received is that the company is in the process of assessing the cost. If her client decides to make the changes and cure the violations, they wouid be wiiling to post a bond. Ms. Moermond stated tha City Counci]'s Public Hearing is scheduled for March 16. If the company wants to proceed with the rehabilitation of the structure, they need to pay the Vacant Building Registrafion Fees, pay the back taYes, show the beginning of a foreclosure procedure witk a shortened five week redemption on it. If one of the options is to sell it to a rehabber, she would expect to see a purchase agreement with that rehabber. A bond should be posted in License, Inspecuon, Environmental Protection by noon of March 16. 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