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05-553�I M�� �� � - �IrS/aoo� RESOLUTION OF SAINT PAUL, MINNESOTA Presented Referred To Council FIle # �� �� Green Sheet # 3026786 Committee Date Resolution Restating Council Intent on the Order to Remove or Repair I4 East Jessamine Avenue Z WHEREAS, on May 18, 2005 the Saint Paul City Council adopted Council File #OS-452, an Order to Remove or Repair the buildings at 14 East Jessamine Avenue; and 3 WIIEREAS, the Commcil clearly stated that its ganting of 60 days to complete the rehabilitation of these 4 buildings at 14 East Jessamine was contingent on certain conditions were met these conditions being: 1) the 5 vacant building fees are paid; 2) a new Code Compliance Inspection is conducted; 3) a work plan is submitted 6 indicating how and when all the items on the new Code Compliance Inspection Report will be addressed; 4) a 7 $10,000 performance deposit is posted; 5) a financial plan is submitted indicating the capacity to accomplish the 8 wark plan; and 6) a document is submitted confirming ownership of the property; and 9 WHEREAS, while most of the conditions were met by the time of the deadline, established in the Legislative 10 Hearing to be noon of May 18; the required $10,000 performance deposit was not posted in the CiTy's Office of 11 License, Inspections and Environmental Protection; and 12 WIIEREAS, the Council granted the request of the properry owner, Julian Jayasuriya, to have until the end of 13 business on May 23, 2005 to post this deposit; and �.005 14 WHEREAS, as of 7une 8, g98, the City's Office of License, Inspections and Environmental Protection has not 15 recorded the posting of any deposit for work on this property; now therefore be it 16 RESOLVED, that the City Council herewith Orders the Removal or Repair of 14 East Jessamine, as stipulated in 17 Council File #OS-452, within 5 days of the adoption of this resolution. Requested by Deparhnent of: Adoption Certified by Council Secretary � Mayor: Date � . � Form Approved by City Attomey 3� Approved by Mayor for Submission to Council � � Adopted by Council: Date �Lt �� � �W i DS- Ss�3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � cp - co�� - ConTadPe�son & Phone: Marcia Mcertnad 266�570 MustBeonCounalAgen 'IS-JUN-OS �f7. }{' ContractType: RE-RESOLUTION Date Initiated: �.a,� Green Sheet NO: 3026786 -' DeoaMient SentToPerson 0 ucil /�sign i oncil artment 'v Number Z Cle k Citv krk For Routing ; Order 4 5 Tofal # of Signature Pages _(Clip All Locations for Signature) Action Requested: City Coimcil's intent on the Order to Remove or Repair 14 East Jessamine Avenue. Mations: Appm�e (A) or Reject (R): Planning Commission CIB Committee CiMI Se�tice Commission Personal Service Contfac[s Must Mswer 1. Has this person/finn e�er worked untler a coMract for this depaRm�t? Yes No 2. Hes this persoNfirtn e�er been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any cwrerd ci[y employee? Yes No Explain all ye5 answers on sepa2te sheet and attach W green sheet Initiafing Problem, Issues, OpPoRuniry (Who, What, When, Where, Why): Advantages N Approved: Disadvantages ItApproved: DisadvanWges H Not Approved: T2nsaction: Funding Source: Fina ncial InformaGon: (Explain) CostlRevenue Budgeted: Activity Number: June 9, 2005 12:34 PM Page 1 os-ss3 °�: � � CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL June 8, 2005 Julian Jayasuriya 8845 Medley Lane North Golden Valley, MN 55427 Julian Jayasuriya 14 East Jessamine Saint Paul, NIlV 55117 Regarding: 14 East Jessamine Avenue, Saint Paul Dear Mr. Jayasuriya: On May 18, 2005 the Saint Paul City Council adopted Council File #OS-452, an Order to Remove or Repair the buildings at 14 East Jessamine Avenue. This Council clearly stated, and you stated yo❑ understood, that you would have 60 days to complete the rehabilitation of these buildings if certain conditions were met. These conditions were: 1) the vacant building fees are paid; 2) a new Code Compliance Inspection is conducted; 3) a work plan is submitted indicating how and when all the items on the new Code Compliance Inspection Report will be addressed; 4) a$10,000 performance deposit is posted; 5) a financial plan is submitted indicating the capacity to accomplish the work plan; and 6) a document is submitted confirming ownership of the property. Almost all of the conditions were met at the time of the deadline I established, noon of May 18. However, the required $10,000 performance deposit was not posted in the CiTy's Office of License, Inspections and Environmental�Protection. The Council granted your request to have until the end of business on May 23, 2005 to post this deposit. As of today, the City's Office of License, Inspections and Environmental Protection has not recorded the posting of any deposit for work on this properiy. Therefore, I am recommending to Ward 5 City Councilmember Lee Helgen, who represents this area, that he sponsor the attached resolution ordering the removal or repair of 14 East Jessamine Avenue within 5 days of the adoption of the resolution. This resolution will be considered by the City Council at a 5:30 p.m. public hearing on June 15, 2005. This letter serves as notice to you of your riaht to be present and testify at this hearing. I am disappointed that the lack of progress on this project compels me to take this action. Yours Sincerely, ��� Marcia Moermond, Legislative Heazing Officer c ODV: Jospeh Gustafson, 21102 365`" Avenue, Green Isle, MN 55338 Mortgage Electronic Registration Systems, Inc., P.O. Box 2026, Flint, MI 48501 Great Northem Financial Group Inc., 200 Cooa Rapids Blvd., Ste. 210, Coon Rapids, MN 55433 Judy Hanson, Saint Paul Assistant City Attomey Steve Magner, Saint Paul Vacant Building Pro�am Manager Saint Pau] Wazd 5 City Councilmember Lee Helgen Tom Ridderintr Saint Paul Building Official LIEP O�ce CITY HALL Tf�[RD FLOOR 1� WEST I�ELLOGG BOULEVARD SAINT PAUL, MINNESOTA 55 102-1 615 � AA-.�DA-EEO Employer �,� _,. _. Marcia Moermond� �SPOPTICAL COUNCIL 05-452 tif " � � ----� _.__... page 1 oS - ss3 7 8 9 10 I1 12 13 14 15 16 17 18 19 26 2I 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Presented By 9MENDED MAY 18, 2005 RESa�unon� OF SAIMf PAUL, MINNESOTA ri Refesied To ° Committee: Date WFIEREAS, Neighborhood Housing & Pmpe�ty Fmprovement has requested the City Council to hold public hearings to consider the advisabifity and necessity of ordering the repair or wrecking and cemoval of a two-stoty, wood frame, hrick extecioc duglex and the detached, huo-stall, wood $�ame garage located on property hereinafter refeaed to as the "Subject Property" and commonly lmown as 14 Jessamine Avenue East. This propeiry is legalIy described as follows, to wit: Lot 15, Block 3, Pottgiesers Subdivision of I,ots 5 to 16 inclusive, all of Weide and Dawson's Cruden I.ou to Saint Paul. WEILREAS, based upon the records in the Ramsey County Recordei s Office and informatiun obtained by Neighborhood Housing & Property Improvemeni on or before December 15, 20Q4, the following are the now i�own interested or responsible parties for the S�bject Property: Joseph Gustafson, 21102 365th Avenue, Gxeen Isle, MN 55338; Mortgage Electronic Regisfration Systems, Inc., P.O. Box 2DZb, F7int, MI 48501; Great Northern Financial Group Inc., 200 Coon Rapids Blvd., Suite 210, Coon Rapids, MN 55433 WHEREAS, Nein,�borhood Hoasing & Property Improvement has served in accoidance with the provisions of Chapter 45 of the Saint Paul Legislafive Code an order idenfified as an"Ocder to Abate Nuisance Building(s}" dated March 4, 2005; and RTHERP,AS, tlus order inforraed the then Irnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WF�REAS, this ocder informed the imemsted or responsible pazaes that ffiey must cepair or demolish the structure Iocated on the Subject Property by Mazch 15, 2A05; and WFIERRL'AS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to consHtute a nuisance condition; subject to demolition; and WFIEREAS, Uris nuisance condition has not been corrected and Neighborhood Housing & Property Improvement requested that the City Clerk schedule publio heazings before the Legslative Hearing Of&cer of the City Council and the Saint Paul City Council; and WFIEREAS, the interested and responsible parties have been served nodce in accordance with the provisions of Chapter 45 of the Saint Paul I,egislative Code, of the bme, date, place and purpose of the public hearings; and covncil Piie `_ `�J� •` Green 5neet a �ca�4��� nn-nnn-�o ��oyR ��Marcia Moermond SPOPTICAL - COUNCIL�- 05-452 tif ��"�� �� � � �� ��� � - � � � �� � ��_page 2 . oS-SS3 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2<3 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 S1 DS' �JSd Wf�REAS, a hearing was held before the IEgjslative Heazing Officer of the SaintPaul City Council on Tuesday, May 3, 2005 to heaz testimoay and evidence, and after xeceiving testimony and evidence, made the xecommendarioa to appmve the reqnest to order ffie interested or responsible parties to make the Subjece Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighiing inYluence on the community by rehabilitating this strvctute in accordance with all applicahIe eodes and ord"mances, or in the alternarive by demofishing and iemoving the shvcuue in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed wiYhin�a{i5}days after the date of zhe Council Flearing; and .Sit� Gd WE�REAS, a heanng was held befoze rhe Saint Paul City Coimcil on Wednesday, May 18, 2005 and the testimony aad evidence including the acTion taken by the Legislative Hearing Officer was considered by rhe Couucil; now the[efore BE 1T RESOLVED, tUat based upon the testimony and evidence presented az ffie above refexenced pubtic hearings, tht Saint Paul CiTy Council hereby adopts the following Rindings and Ocdex concerning the Subject Ptoperty at 14 Jessaznine Avenue East: 1. That the Subject Proper[y compiises a nuisance condition as de5ned in Saint Paul Legislative Code, ChapTer 45. 2. That the cosu of demolztion and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That ihere now exists and has eicisted multiple Housing or Building code violations at the Subject Property. 4. That an Oxder to Abate 1Vuisance Building{s) was sent to the then la�own responsible parties to correct the deficiencies ar to demolish and remove the building(s). 5. That the de$ciencies causing this nuisance condition have noi been conected 6. That Neighborhood Huusing & Pcoperty Impmvement has postecl a placazd on the Subject Property which declares it to be a nuisance condition subject to deIDOlition. 7. That ttus building has been rourinely monitored by Neighborhood Housing & Property Improvement, Vacant/Nuisance Buildings. 8. Thaz the Imown interested parties and owaers are as previously stated in this resolution and ffiat the notification requiremenTS of Chapter 45 have been fulftIled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interesTed or responsible pazties shall make the Subject Property safe and not detrimental io the gublic peace, health, safety and welfaze and remove its blighring influence on the community by rehabilitating this structure and correeting all deficieneies as prescribed in the above refereneed Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the slternative by demolishing and removing the structure in accordance witU all applicable codes and ordinances. The rehabilitation oz demolition and removal of the shucture must be completed within�i#teea{}� days afrer the date of the Council Heartng. This ameadment to 60 days is .$.�'�y ('605 contin5tent upon tHe postins o€ a$1CY(000 9ex£osmance denosit bv the e Marcia Moermond SPOPTICAL COUNCIL - 05-452 tif � � � � � � �" ��� � �� �� � _ � Page 3�: US� �� OS - '�S � 7 8 9 10 11 12 i3 2. Ff the above coaective action is not completed within this period of time Neighborhood Housing & Propert:y Improvement is hereby auYhorized to take whatever steps are ne�-ssary tn demolish and remove ttns s�ucN�e, fill the site �d charge the costs 3ncurred against the Subject Property pursvant to the pmvisions of CLapYer 45 of the Samt Paul Z.egislative Code. 3. In the event the btrilcFing is io be demolished and removed by the City of Saint Paul, all pexsonal properEy or fixdaes of any Idnd whicfi interfeie with the demolition and iemoval shall be removed from the property by fhe iesponsible parties by the end of tlus time period if alI peisonal propeMy is not removed, it shaFl be consideied to be abandoned and the City of Saini Paul shall remove and dispose of such property as pmvided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested paziies in accordance with Chapter 45 of the Saiat Paul I.egislative Code. � Adopted by Co�ncil: Date .* Adoption Certified by Co�ci1 Secretary - ..,;�%��� -' - �, AA.ADA-EED EmpbYu Requested by Department of: Marcia Moermond SPOPTIGAL -�COUNCIL -�05-452 tif � � "�� � � �� � � � �� ��� � page 4 65-SS3 os= �sa� � Gre� Green Sheet Gr�n Sheet Green S6eet Green Sheef Green Sheet � NH- I osaPa�os CandetPeson&POOna � AMJ DRwim�s 6 ��� Assign 1 A1ustBeonCOmrLJge�mM'(oatek w�mber a 78-MAY-os .� . f2u�tling 3 � 4 5 iohl i of Si�aN�e Paget _(aPNI LocaGOns fof Signatu[e) Green Sheet NO: 3026046 lt�'�N�� City Couucil to pass t6is resolution which witl orda ihe owoer(s) m remove or repair the refrsenced building(s3- �� o�� fails m .. comply with the resolusioA NeigLboifiood Fiousing & Property Improvemevt is ordered to r�ove the building. The subject PT�P��Y is located az . � . 147essaiuine Avenue'F'aM _ flannirgCOmmission _ CIB Comm�Ytee " _ (.1vilSeMCaCOmmission 1. Hes this p9rsonflilm everv,orked undera contrect furih(s depaitrnent? Ves No 2. Has ih's parsonlfirtn ever been a city employes? Yes No 3. Doesllds persoNflrm possess a slBll riot rwrmally possessed by arry Gfnentck/ emP�oY�? . Yes No Ekplain all yes answero on separate ahee[ antl aitach io green sheet Initiating Problem, Iswe0. Opportuntry(Who, WhaS �When. Where, Wh»: 'fhis bwlding(s) is a nuisance buiWing(s) as de&ned'm Chapter 45 and a vacanT bw'Iding as de5ned in Ct�ap'ter 43 of the Saint Paul Lcgisl5tive Code. The ovmers, interes[ed parties s� resptincible parties known W the Edfotcement Officer were given an ordeT to repaiiorremouethebnildingatl4JessamineAvenuePastbyMarc315,2005,andhavefailedWCOmplywith�thoseordeis: ' � � r.��.Gi �.��. Ativantages If Aaaroved: � The City will eliminaCe a nuisance. APR 1 � 2C�95 Di58tivante9es tl /lpprovetl: �� The Ciry will speud funds to a3eck and remove [his building(s}. These costs wili be assessed to the property, collected as a special assessment against the pmperty taces. ' �9esKNOtAPtxoved: ' � � A nuisance condifion will remain upabated in Yne Ciry. Tiris bwldu�g(s) wilt coatinue m tilig6t tHe commwrity. �{ . _ne�s��o�: s000 F�na�na soume: Nuisance Housing FlnallCiaFinfonnation: Aba[�ment (EXpWin) CnaURevenue Butl9efid: Y Activ�ryNUmbar: 3p251 �� ��Q�. �Marqia Moermond SPOPTICAL �COUNCIL�_ 05-452 tif� � � � � � � . ���� � � � � �. m� �� � � � � � � Page 5 , �S — �� 05- <JS� h'E[GEBORHOOD HOUSC3G & PROPERTY Q�ROVENENC �' q�y fhwiv�s, Prvgmn Mmr¢ger CITY OF SAINT PAUL �yu�� a��s c�e� �r�•�� �c�a.e.m,or tcoo:rwd,vn�se�.�� rsr �rta�c-s9oo S�uPmr[MN53706 F �65i-2661926 Apri18, 200� 1hOTIGE OF PUBLIC HEARI�i'GS Council President and Members of the City Counci! Neibhborhood Housina & Property Improvement , Vacanr/Nuisance Buildings Enforcemen[ Division hu requested the City Coancil schedule public heazings to conside�a resoIution ordeFing the repair or removal of the nuisance building(s) Jocated at: 14 Jessamine Avenue East The Ciry Council hu scheduled the date of these hearings as follows: '- Legisiative Hearing - Tuesday, Map 3, 2005 City Council Heariag - Wednesday, May 18, 2005 The owners and responsibie parties of record are: Name azid Last Known Address Interest Joseph Gustafson 21102 365th Avenue Gi�en Isle, MN 55338 Fee Ovmer Mortgage Elecffonic RegisVation Systems, Inc. Ho(der of Mor[gage P.O. Box 2026 Flint, MI 48501 Great Northern Financial Group Inc. Lender on Mortgage 200 Coon Rapids Bivd., Suite 210 Coon Rapids, MN 55433 The legal descdption of this property is: L.ot 15, Block 3, Pottgiuers Subdivision of Lots 5 to 16 inclusive, ail of Weide and Dawson's Gazden Lots to Saint Paul. , .'2"s; AA-ADA•EEOEoployer � �� ;��. �Marcia Moermond SPOPTICAL - COUNCIL� �05-452 trf�� �� �� � � � � �� Page 6, ��—�� OS `/S�` 14 Jessazniae Avenue East Apn18,2005 Page 2 Nei�hborhood I3ousing & Property Improvement has declazed this buildin�(s) to constitute a "nuisance" as defined by Le�sla[ive Code, Chapter 45. Aieighborhood Hocuin° & Property Improvement has issued an order to the then l�own responsible pazaes w aliminate tkds nuisance condirion by correctine the deficiencies or by razittg and removing ihis building(s). Inasmuch as this Ordec to Abaze has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It ls the ruommeadadon of the Neighborhood Housing & Property Improvement ihat The City Counci] pass a resolution ocdering the responsible pazties to either repair, or demolish and remove tItis building in a amely manaer, and failing that, authorize the Neighborhood HBUSing & Property Improvement to proceed to demolition and removal, and to assess the costs incurred against ihe real estate as a special assessment to be collected in the same manner as taxes. Sincerely, _ V�P/UQ �e����2%�/iZP/� i Steve Maa er Vacant Buildings Supervisor Neighborhood �Iousing & Ptoperty Impcovement SM:ml cc: FrankBerg, BuildingInspection and Design Judy FIanson, City Attomeys Office MaryErickson, Assistant Secretary fo the Council I.aurie Kaplan, PED-Aous'sng Division ccoph �: M-ADA-&EO EmPtoyu -?�a Marcia Moermond SPOPTICAL COUNCIL - 05-452 tif �� � � � � � �� �� � � � �� � page 9 � �S-S�aj � t� P�� ��t� --� 5 (� os-�z District 6 P IdI12Ti2ig Cauncil �� 2i3 Front Street St. Paul, NIlV 55117 5�L-488�I485 'Serving fihe North End and Sonth Como Neighborhoods" Councilmember Lee Helgen Room 320 A Cify Hall 15 W. Keilogg Blvd St. Paul, MN 55102 Dear Councilmember Helgen: At ourApril Land Use Task Force meeting Disfrict 6 Planning Counci3 voted to support Tri-area Biock Club's recommendation ofi demolilion of the property located at 14 €. Jessamine. Linda Jungwirth (Tri-area block club) and myself expressed our requesf at the administrative hearing. Neighborhood Housing and Propecty Improvement has also recommended demolition of the property. The person who represented himse[f as the owner, was not he owner or record, and also owns 11 E. Jessamine with is another boarded and vacant building directiy across the street. 7he administrative hearing officer recommended giving this claimed new partner additional time to make repairs, and provided a list of things to be completed prior to the courccil hearing on May 18 We do not Eeel the hearing officers recommendations are strong enough. We feel this owner has been given more than enough chances to make this property Iivabie and would like fo see if demolished, however, if they are extended yet another opportunity we would recommend the following: 1. The pertormance bond be a minimum of $30,000 2. The owner be given 45 days to complete fhe worfc not sixty, this will be the heart of summer and residents should nof have view triat eyesore for another fufl summer 3. The performance bond be revoked ifthe property is issued another summary abatement 4. The owner also be required to post a performance bond on 11 E. Jessamine, and show adequafe funds for rehab. It will be a continued problem for the city and community if he uses all his resources on 14, ancE then leaves 11 an eyesore until the city forces him to fix it. Thank you for your consideration, Patty Lammers Neighborhood Safety Coordinator Marcia Moermond SPOPTICAL - COUNCIL - 05-452 tif � ��� � � �� �� � �� � � � �� � � � � � � �� �� _ �� Page_ 10 OS -SS3 - �—�,c� 5� �S-�SZ MINUTES OF Tf� LEGISLATIVE HE.ARINCs ORDERS TO RE`ufOVE/REPAIR, CONDEMNATIONS, ABATEMENT ASSESS?��NTS, A$ATEMENT ORDEIZS, REA*I'AL REVOCA'L'ION CFdiTII�ICATES Tuesday, May 3 zaos Room 330 City Hall,15 West Kellogg Boulevazd Maz�cia Moemmond, Izgisla€ive Hearing Offica The heariug was called to oider ai I0:05 am STAFF PRESENT: Andy Daw2ans, Neighborhood Housing and Propetty Improvement (NHPn; Steve Nfagner, NHPI; Micl�ael U�ann., Division of Fire Prevention Resolation ordermg the owner Yo remove or repau� the buflding(s) at 10I2 Bnrns Avenne. If the ownes fa�s to comply with the resointion, Neighborhood Housing and Property Tmprovement is ordered to remove the build'mg(s). (Laid over from 2-15-OS) VJally Nelson, Renovation, Inc., appeazed. Ms. Moermond stated the last time ihey spoke, there were three mortgages on the property, two of which he had control of. Mz. Nelson responded that he is waiting for Wednesday. They will apply for pemufs, do interior drawings. Hopefully, he will start the construction process ne�ct Th�ssday, He wiIl have legal control after tomorsow. Steve Magier reported that on February 1 S, they were looking for vacant building fees to be pud, a code inspection report, the properiy fo be mainfained, a bond, and taxes. The £ees were paid, the inspection has been accomplished, and the properiy has been maintamed. The owner was loo2dng to post a bond at the last minute. The taxes were to be paid at closing. Mr. Nelson responded the taYes I�ave been paid. Ms. Moexmond stated this is on £oi public hearing on May 4. All she needs is a purchase agreement Mr. Nelson responded he owns the Sheriffs certificate and the second mortgage. There is a redemptioa issue fot the other deal. Also, there is a new foreclosure law that says they fiaue to have the paperwork fo the Sheriff and they have not done that. Ms. Moermond asked will he ueed the wflole 180 days. Mr. Nelson responded it will take him at least four months. It is partially built. � Ms. Moermond recommends granting the owner 180 days to rehabilitate the properLy. $esolurion ordering the owner to remove or repair the bulrling(s) at 14 Jessamine Avenue East If Yhe owner fails to comply with the resolul3on, Neighborhood Hoasiag and Property Tmprovement is ordered to remove the btilding(s). Julian Jayasuriya appeazed. Marcia Moermond SPOPTICAL COUNCIL - 05-452 trf �� �� ' � �� ����� � � �� � � � � � � � �� � Page 11 � OS -�S3 OS-�tSZ LEGISLA"fTVE HEARING MINUTES OR MAY 3, 2005 Page 2 Steve Ivlagner reporteddvs is a dupleg wiYh a detached gareye. The buiIding was o�"s9+�aliy condemned in Sannazy 2002 and has been vac�t since 2-14-62. The cunent owner is Joseph Gvsta£son Mx. Sayas�aiyahas been represeuting himsel€as ihe business par[ner or previovs owna. There Lave been 21 s�mazy abatemeeIItt no4ces issued for vazious code vio2afions. On 2-22-05, an mspection of the buildmg was condvcted, a list of deficienc3es which consEibrtz a nuisance was developed, and photographs were taken. An Order to Abafe a Nuisance Building was issued on 2-28-OS with a comp&ance date of 3-25-05. As of this day, the property remams in a condition wluch comprises amusance as defined by the le�slative cAde. The City has had tn board tLis building to seeiue it against 4espass. The vacant building fees are due. T�ation has placed an estimated market value of $40,000 on the land and $183,000 on the building. A Code Compliance Inspection was Iast done on 424-02. That inspection wi11 k�ave to be updated by Jim Seeger (L.IEP). As of 8-31-05, a$2,000 bond originally posted on 9-2-04 was forfeited for lack of rehabilitation. Code Enforcemenf estimates tfie cosf of repaus to be$50,000. Mr. Magner continued: this property was before the I.egislative Hearing Officez a couple of yeazs ago. IndividuaLs wanted time to rehabilitate the properly. They weze given time, the bond was forfeited. The City was going to take action, but the Council decided to reve:se iuelf and give tfiese individvals another chance in September 2003. Then, 3vlr. Jayas�siya who lived across ihe street, made confact with these individuaLs and purchased the pmperty. He made promises that the building would be brought into compfiance shorEly, and they would not have any more problems. They are not near occupancy to daTe. There has been work done at the property, but he stitl lacks a code compliance certificate, sign off on peimits, lacks completion, lacks day to day maintenance, and khe City consistenfly bas to go to the properry. Bnriug The last yeaz, they could coEmt 10 to 12 sammary abateme�s. Tlus forum needs to ask who is in conhnl: Mr. Gus[afson or Mr. 7ayasuriya. On 21 occasions, said Ms. Moermond, the City issued a��+*+m� y}�afement notices saying fhese items need to be addressed. She asked on how many of these the City did the cleanup. Mr. Magne� xesponded lazge pe:centage. Ftom Septembex 2004 to April Z005, They had five sumwary abatement and five work orders. Ms. Moermond stated she sees the summary abatement notices, she sees that the City has had to issue work orders to do the cteanup. 'Fhe City has played the roll of properry manager. The Vacant Building Fees are due. The City has had to boazd the building to secure it against trespass. There is a danger fmm homeless people and teenagers getting inside vacant buildings and slariing fires. A tragic situation can occur when vacantbuildings are �Y secure. The fact that a bond was forfeited is also a strike. Ms. Maetmond is looldng for signs tl�at the past problems will be rectified and that he will engage some mwagement issues at this praperry. She asked what the owner wanted to do. Mr. Jayasuriya responded he apologizes for The delay. The tsunami hit his Paznily hazd. He has taken things over aow. He has an investment in tlus house and would like 30 days to comple�ly finish it. Ms. Moermond stated she would be happy to give him The time, buY he has fo meet some condiYions. 1) The Vacant Building fees are due. 2) The Code Compliance Inspecrion was conducted in 2002. A new CQde Comp3iance Inspection is needed to be conducted by the City. Marcia Moermond SPOPTICAL COUNCIL� 05-452.tif� ���� �� ���� _ � �Page 12 � OS C�S-�5� 1 Fr*��T ATIVE HEAR�NG MNiJTES OF MAY 3, 2005 Pane 3 3) He needs awork plaafl�at uill address ail fl�e items on the Code Compliance Inspection and when he wi11 do tfie items. 4) She will ask thatthe Covncil impost a$10,000 perform�ce bond It is refundabie npon completion and sign offon ifie pem�ifs. I3e could iose $10,006 if I�e does not come fLrough � a demonstxatian#haf the owner is fruaneiaily oapable of executing this rehahilitation, which coutd include a line of cre3it at a bank. � doccmietrtationtLatthe ownez is in legal control of tLe pmperGy. All of these thmgs need ffl be done by noon of May 18. Linda Jvngwittl�, Tri-Area B3ock Club, appeared �d stated the neighborhood Las put up with tivs FzoPerty foi many yeazs. The 5na1 stcaw was the gas incident in DecembeL. The neighborhood felt there was disregatd for the people in tfie neighborhood They would like to see the house removed. They were under fhe assumption there was a different pmperry owner. The pxoperiy aeross the stxeet is a vacant mrisance properiy, and now Yhey lmow both ptoperties have the same owner. 17�e work done to repair the property has been shoddy. Patty Lawmeis, District b Pla�n Council, 213 Front Avenue, appeazed and stated she is in support of the block club's recommendation to tear tlus down. She became tfie neighborhood sa#'ety cooidinator for District 6 2ast May and fius is the fust property brought up to her last May. It is an eyesore. The owner has had ampie time to make regairs to this pmperty. Ms. Moermond stated if any of the conditions have not been met, she will recommend that the house be removed. If all the condifions have been met, Ms. Moermond's recommenda.tion wiIl be to grant 60 days for the rehabilitation of this structttre, as Mr. Jayasuriya said it would take 30 days to finish. 'Chen, she would suggest people go to the City Co�mc�l Public He'rn$ if they want tlus building removed. Mr. Jayasuriya said he has pictures of the building. Ms. Moermond responded she can not do any kind of inspec7ion by way of photographs. Mr. Jayasuriya stated the professionals have taken pennits out. Mr. Magner xesponded Jim Seeger (LIEP) will make the deternilnation if the existing permits aze in place. The permits are good for 160 days. Pernxits from the original bond aze at least 180 days old. Ms. Moermond recommends granting the ovmer 60 days w compiete the rehabilitation of the lxoperiy on condition YUat the foRowing is done by noon of May 18: I} vacant building fees psid, 2) a new Code Compliance Inspection conducted, 3) a work plan submitked indicaTing how and when all the items on the new Code Compliance Inspection Report will ba addressed, 4) a$10,400 perfoimance deposit posfed, 5} a financial plan submitted indicaiing the capaciiy fo accomplish the woFk plan, and � a documenT confirmiug ownership of the properLy. Resolution ordering the owner to remove or repair the building(s) at 86 Svcamare Street East If the owner fails to comply with the resolation, Neighborhood Housing and Property ImprovemenE is ordered to remove the bailding(s). Steve Magner reported t7ris is a two-story wood frame single family dwelling. It was condevmed Marcia Moermond SPOPTICAL - COUNCIL�-�05-452 tif � � �� � � � � ��� � � ��� � � `� � �� �� 'Page 13' �S -SS3 os-�5� LEGISLATNE I�'AI�IPIG MIlJI)TES OF MAY 3, 2005 Page 4 Apri12004 by his office andi�as beea vacaui since 4-2-04. Tfie c�ent owner is l�a Vmm Nguyea. They have information that this person is deceased. There l�ave been i 1 s�azy abaYeme� notices issued for several violations. Oa 2-8-05, an inspection of the building was conducted, a fist of deficiencies which constif�rte a nmsauce condifion was develaped, and photographs were takea An Oider to Abafe a Nuisaace Building was issued on 2-14-OS with a compliaace date of 3-3-05. As ofthis date, flvs propert9 remains in a cond'erion wluch comprises a nuisance as de5ned by the Iegisialive code. A]so, this is a serious health and safety issue based on the contents of the dcvellmg. Taxation 2�as placed an estimated mazket vatue of $104,800 on tfie ]and and $138,000 on the building. Mr. Magnei questions both of These; the appraiser may not have Iooked attFiis properiy recendy. As of 5-3-05, a Code Compliance Inspection bas not been appfied for. The $2,OOQ bond has aot been posted. Code Enfotcement Officecs estimate the cost to repair is $75,000 to $90,000. The estimated cost to demolish is $7,000 to $8,000. 11us is a 15 day resoIution to repair or remove. Ttte following appeazed: Frank Sprandel, Cons�uction Specialist with SPARC, Paul Moxdoxsld, City of Saint Paul-P lannjn a q and Hconomic Development (PED). Mr. Mordorsld stated he found out about this flu�ee weeks ago from Minnesota Hocising Finance Agency. They aze the Szst mortgage holder. They contacted PED because they wouid like to see the building saved. PED contacted SPARC. Mr. Sprandel stated he got in the building last Thursday. There is aa unsanitary condition to the property. SPARC woutd like The opportunity to alleviate thaT. It would be a nice fhree bedroom affordable unit far a family. The biggest 4aing is tryiug to foreclose on it and get title to it. Mr. Mordotsla added U�at will take four to six months. Theze is a redemption period. It could be tl�ree to four months at the quickest. Ms. Moem�ond asked who has legal control to g�ant access to tha building to deal with the gross unsaniYary conditions. Mr. Ma�er stated the City has cettain police powers, but to gant the police poweis to someone else, wou4d open the City to lia'€rility. The only way that the third pazty individvals can obtain thaT a6ility is [o vendor throngh the mortgage company for its rights through foreclosure and to stop any further loss to an asset Those questions would have to be addressed to the mortgage company. Mr. Sprandel respoaded that some of those issues are being looked at right now. Scott CIoutier, 4p0 Sibley Street, Suite 300, appeared and stated kris agency is open to wurking with parties to get The matter resolved. There may be a provision tl�at alIows the agencyto stop deteriomtion of theu asset Mr. Sprandel responded they have an attomey looking into that. There is a clause that if the owner is deceased and the building becomes abandoned. It is not somettilug Yhat can be done overtright. Cotmcilmember Helgen is in support of saving the building. ivfs. Moermond stated they could ask the court for a shortened five week time period. That would give an amount of time close to eight weeks. Tfiey should make the case that There is a gross imsaniTary conditioa that needs to be alleviated because they are a daager W the neighborhood. She is aslang that they do tUat and get in court by May 18, 2005. Any � Marcia Moermond SPOPTICAL � �COUNCIL �05-452.tif� �� � � �" � �° - -. ... _., _ -. � � ---� � °page�14, os- SS3 O�-�I S� LEGISLATTVE EIEARING MINCTI'ES OF MAY 3, 2�05 Page 5 doc�enTalion tLat shows 8tey have a shorEened redemp$on time period is mnch appmciated. AnyHxing fhey can do to alIeviafe some of those conditions is impori�t They caa apply for the shortena3 £m1e period; whethec they get it is up to fhe judge. Mr_ Sprandel responded they will be worldn� with an attomey to see if There is a way to alleviale this quickly. Mr. Nlagna stated there is a concem about allowing the properry to stay ia tbis condition for six months. There is decaying food, feces, botdes of isin.e, etc. Ms. Moemmond xecommends laying ova fo the May 17I,egisIarive Heari�o aad the June 1 City Council Meeting. She wonld like to see a shoztened time period and getting legal acfion into The birilding. She is lookingfor a progress ieport. She will be ready to talk to the Council on May 18. Appeai of Notice to Revoke Rental Registrafion at 735 Cook Avenne East; owner: 3ames Stvaitwood. (NHPn (Rescheduied from 4-26-OS) James Swartwood, owner, 5537 Dupont Avenve South, Minueapolis, appeared. Aady Dawldns reporEed tfris was an Apri17 notice of attempt to revoke the rental registcation certificate to Mr. Swu•Cwood at 735 E. Cook. The basis for the revocation was the seizure of felony level natcofics, tisree shotgcws from inside the premises. The tenants were aixested for those illegal possessions. The City Ordivance 51.06(a)(ii) says when the Duector believes the property constitutes a nuisance, it is time to send a notice of intent to revoke. When Mr. SwarCwood called to say the tenants had vacated, Mi. Dawldns refiued to back off from the no8ce of intent to revoke bwause he is not convinced the property will not continue to be maintained as a nuisance. Also, Mr. Dawkins Cold the owner he could appeai. As Por Ius basis for beiieving this mUSance activity will continue, Mr. Dawldns would IIlce Ms. Moermond to hear from a neighbor. {Mr. Dawkins showed some photogrnphs.) Mr. Dawidns covtmued: at a Disirict 5 commanity meeting, neighbois described the East Side of Saint Paul. Some slides were shown, and Mr. Swariwood's was one the properlies shown that day. The properties were not identified by photographs, and Mr. Dawkins had to speak To the person who took the photographs. Mr. Dawldns sent Hazold Robinson (Supetvisor for East Side inspection team), and they met Mr. Swaitwood on November 22 and photogaplvs on Page 2 were taken at ti�at tiune. The photographs show a deteriorated garage filled with gazbage, junk, and rubbish. Mr. Swutwood respanded the garage has abandoned teuant belongings. A Coaection Notice sent to Mr. Swartwood on Apri127, 2001, indicates the premises lacks suitable landscaping to control dust and mud, pzavide suitahle landscaping. NSi. Dawldns was infoimed that Mr. Robinson was at the property yesterday, and the baclryazd is filled with junk and trash abain There aze still outstanding court orders to repaix and put goimd cover on In 2002, the guage wu filled with bagged ga�oage; in 2004, ffie gara�e was filled with bagged gazbage; in 2005, it was siill filled with bags of gazbage. In 2003, there were four founded complaints ��MarciaMoermond SPOPTICAL-COUNCIL-05-452.tif��� `" � � ...,. --�-„-- �° ° � �� " "page15� os- Ss 3 z�s-4�a LEGLSLATIVE FIEAItIISG �VUTES OF MAY 3, 20Q5 Page 6 z incr this properiy. In 2004, there were five; m 2005, there were fms. Mr. Dawkins is not convmced Mr. Sa�rlwood cvill maintam this properEy so it is not a mrisance to the neigl�bors neazby. F2 is Uus xeason Mr_ Dawkins declmed to withdrawn tfie natice for irnent to revoke. 7ames Swartwood stzted he does not approve of drug dealmg and he took appropriate actions to address these ti,;� His lease pzolu"bits dcug dealivg and svbleassng of peopie ttiat have not been approved by Mr. Swarf:wood These peopie were not approved The only person approved was Larkin and her tUree kids and they t�d no criminal Iristory. '�'he house has not had drug activity ia?he past and there Z�as been none smce this ratd. =Fhis is not a garbage situation, but a requirement to hoId possessions for sixry days afrer an eviction. Coimty records show that these have been convictions thaz correspond with these storage dates. Mr. Swariwood became suspicious of activities on ttris pmperiy from Much 12. He noticed a Iugh level of activity and people coming and going for short periods of time. Ms. Moermond asked does he do ivaintenance 3�imself. Mr. Swartwood responded he has a crew, and he went by to give material to the crew. There was too much ac8vity there. Then, they had a pit b¢lI thexe. She gave the tenant awuning on the 12 On Macch 20, she came by and there was the same activity going on. We told fier ihaT he was suspiciovs of the activity going on at the properiy. Ms. Mcermond asked the effective date of the eviction. Mr. Swartwood responded that he gave her a notice on the 20 and the code says lus tenant Las 40 days. 'I'hen there was ttris raid. Right after the raid, Mr. Swariwood came by and saw the incident. He also saw the police reports that show they had a search wanant. Mr. Swartwood changed the iocks, he called fla up, and said she violated the Iease on Paca�aph 6. He asked does she want a UD or would she I�ce to move. She said she was ready to move ouk That is when he changed fhe locks and cleaned up everythiug. (Mr. Swutwood showed photographs.) Ms. Moermond stated the photo�aphs show that everything is cleav, She cannot make detemunation about any other code issues. The outside phoYOgrapfis show the properiy as picked up, except where there is a pfle of rubble in the back, Mr. Swartwood responded it is a 4mber for landscaping. Ae re-rented the ptoperty to Ann Costello and her husband There is no crimival past. Even Mr. Dawkins would approve of them since Ms. Costello was his housekeeper for 8ve yeazs. As of two days ago, the backyard was clean. A tcee was cut down. Ms. Moermond stated ihey rented on April 14, a week after the notice to revoke the rental registration. Mr. Swartwood msponded the postmazk was Apri113. Ae has tUe envelope at lus house. I3e poin�d this out at the Ci4y Clerk's Office. He does have the lease. Also, dnig activity is xawpanT in Saint Paul. This is an isolated situation fox him. He hies to screen lus tenants. He does background checks. He does not have police powers and has to follow civil procedures. Also, he befieves Mr. Dawkins is takmg this peisonally, and he is sensitive to the fact that he publishes a paper that is ctitical of lus adwivisfration. Marcia Moermond SPOPTICAL COUNCIL�-05-452 tif� """" � - .. ........ ... . .. ._._. �_ . . . -° page 16� OS-SS3 QS-� 5� LEGISI,ATIVE FIEARING MINUTES OF MAY 3, 2005 Page � Ms. MoemAOnd shefed she sees a longteim esfabIished pattera of code violations. (Erick Fawcett submitted some doc�mments.) Erick Fawceit,'733 Cook Avenue Fast, appeared and stated}us single concem was 735 Cook from a visual standpoini when fie moved into ]us home. His hope was that aver time he would see an improvement_ Thece was a family of eight living tfiae. Theii clvldren piayed together. For that reason, the enormous aesthe6c pioblems went ��seported bp him because he did not want. tn take actionto jeapazdiza the fawily. Whentfiey moved out—he heazd it was because tfiey were imhappy with fhe upkeep of fhe propert}�Mr. Fawcett started to take action. R�henever he saw something fLat was a problem, Mr. Fawcett made caIIs to Mr. DawIdns. The allegations that Mr. Dawkins is acting in retributioq is silly. The only time he saw action happening there was when ivfr. Fawcett reported. Mr. Fawcett read from bis letter: His disagreement is not personal. He has met the owner lwo times and he was polite and friendly. The owuer has done as littie as possible to m�;nra;n tha ptopert7. Mr. Fawcett would like him to move into the properry himself or sell the property to a Iive in ov,mer. The physical appeazznce and Yhe ongoing hszuds infiiciate bim: absencc of meaningful ground cover causes mud to go onto the pmperty, extemfll disrepair of the home. The property's gange has for months or years been fiill of juuk, so tenants do not have a place to store beiongings. As a resuk, there are things in the yazd. The fact that the garage has alvrays been filled with nontenani cIutter, has also meaut the family hears cazs azriving and leaving at the pmperty's backyard. The pmperty's trash atong the sidewallc, zarely gefs picked up. Also, Mr. Fawcette reporEed to ihe Cit}�s azborist aboert an overhznging branch and Datch Elm Disease. The landlard never conected fhis propetty, and the City 5nally xemoved it in Mazch. In the meantime, the bugs infesting the h�ee entered fiis home in droves. The second iree li2zard was xeported eazliez and finatly xemovad by his zepairman. Finally, with dealer quantity of crack cocaine, meEh, and pot, he has to guesfion the laadlord's tenant screening process. He cannot believe the piopetty is meeting the City's house standazds. The timbecs in the backyazd have been there far months. ' Mr. Fawcett read another letter from Robin Zimmermav, who owns 728 Cook Eas[. She writes the following: ihe house is rua down a4735 Cook. Tke tenwts complained about the house, but chose to continue living there because it was affordable. They moved out and people were working on the hovse. There didn't appear to be any improvement to the yard. Severai renovations were made to the hwse. The new tenwt moved inko the house in Augvst 2004. Oa Sepfember 4, her cat had escaped and was found in the backyard of 735 Cook dead from a blunt tra�a to the chest The new tenant did not appreciate some of wflat was happeving in the neighborhood anH did nof like the house. Then came more renters, litter, and traffia The new renters were arrested about four weeks ago. This does not address the conditioa of the house and yazd. She dpes not know if Thete was manufactuFing oftfie drug. This properiy is not the only problem in the neip�borhood 735 Cook has brought down the safety and property value of the neighborhood. Mr. Dawkins stated he has never had a housekeeper. At fhe State Capital, responded Mr. Marcia Moermond SPOPTICAL COUNCIL - 05-452.tif � ��°� """ . � ._ . _ _.�.. _ _. , _�. ,- � - � �� pege 177 oS- SS3 05 �i5�, LEGISLATTVE �ARING MIIdUTF.S OF MAY 3, 2005 Page 8 Swartwood R�k. Dawkins stated Uvs Las nott�ing to do wifli wbat Mr. SwnYCwood writes; it has avery�iag m do wiih how the neighborhood feels about the ]andior3ing ability. This is tfie fourlfi aoflce of intsatto revoke sent to tvt�. Swaztwood.. Ms. Moermond asked was there an iaspection ofthe properry following this raid, and what are thc inspecfion results. Mr. Dawkivs responded Mr. R.obinson was inside the property last year on a complaint of no heat He issued verbal ordeis about the interior to Mr. Robinson on 3-4-05, and he believes the interior is back to decent sLape. Ms. Moeimond stated there has not been a determivation by code strzff about whether there was metbaznphetamine ptoduction taldng place inside ffie building. Mr. Dawkins responded he has not $eazd either way, but they do not believe that Ss the case. It was distribution. Mr. Swaztwood said tha# M'ichaeI Carroll said he did not think there was methamphe[amine production going on. He heaxd from the neighboxs t6aY the activity was intense in the last tluee weeks. Mr. Pawcett added U�at the traffic was longer [han ttuee weeks. It was a good 2%z months of svspiciovs iraffic. While he understands Mr. Swartwood is restricted in fiis coastiturioaal rights, the boy&iend of the tenant was there 2& houes a day. His Subtsban velv.cle was pazked outside all tiie time. Mr. Swartwood stated the iastory of the b�rilding wouid show that there have been no raids in the last ten years. The yard is shaded so tliet grass does not grow. Ae has a pexmit from ihe Building Depazhnent to put Ciass 5 rock on the pazking spaces. Kelly Booker was sazisSed with the yud with the exception of moving tfie timbers. `Fhe property has had aew roof, new soffits, sided, fixed all broken windows. Providing housing for poor people is a hazd job, and he tries to do a goodjob. Ms. Moermond stated this is on May 18 at 530. She would like to check out the permif situation and review the inspecdon iecotds. It is important tbat the norice dces aot ttun on an ongoing nuisance condition code-wise, but on the police problems at tfie properfy. Those tenants are no longer there. She will issue a letter in rvriting regazding this issue. (Nofe: Ms. Moermond recommends granting the appeal of the Notice to Revoke Rental Regishation Certificate dated M7-D5. A lettex was sent to ihe owaes.} Appeal of Sammary Abatement Order at 769 Tat¢m Streef; osvner: Gary Brnsld. (NHPI (I�TO one appeared to represent this property.) Steve Magner reported fhat he issued a summary abatement oxder fo cIean up excessive storage on the property and hoazd the dwelling, as there were repeated issues of illegal occupancy. The individvals and appellants have repeated(y used the property as a transfer site or salvage. This is NITPS's uay to cease the iIIegal act'tvity at the house and gaxage. They bave held off doing the work order unTii flus appeal. Their preference is that Ms. Moermond deny the appeal. �MarciaMoermond�-SPOPTICAL �COUNCIL-05-452tif�� ���� � �� ������ � � page18 d� Ss, j d 5-y 5 �� LEGISLAT3Vfi HEARLNG MIIdL7TF.S OF MAY 3, 2005 Page 9 Ms. IvFoermond xecommends denying the appeal of the Snmmary Ai+ar�*+e*�+ Order dated 424 Q5. The owner indicates the snowmobile aud c�per have been removed. AppeaI of Vacant Bw7ding Regictrafion?�TOtice at 1164 Sevenfh Street F.as� mvner. Sue Fun Liu. (I.ZIIPIj The followin� appeazed: Han CLin Liv, owner, and John Flores, conirnctor and agenf. Steve Ma�ei reporied the owuet fias filed an appeal of the vaca� building. This appeat was sent to Mr. Mag�er. After reading the iterus being appealed, it is best that Fire Prevention deal with flus. The genesis of fhe vacant buildmg is due to the fact tha# Fire Prevention has condemned the building and xevoked the Certificate of Occupancy. The issues noted aze the msult of that issue. LRtimately, Fire would refer fo NHPI for enforcement of the vacant building ordinance. Micha.el Urmann reported the bvilding is a mixed comm.erciaUresidential property. The residential portion was being iliegally occupied as a residential shucture. The building was condemned due to lack of life safety issues due to smoke deteetion, �oper egiess, fire sepazation between the commerciat portion and the residential portion. The entire buildiag was condemned due to the fact thak both portions of the buiIding were iminhabitable for human occupancy. The residential sectioa was inspeckedby the field inspecfion. She determined ti�at was also unoccupyable. They condemned the pxoperiy for Those ]ife safety issues and vninliabiTable issues and referred to Mr. Magna for vacant building sfatus after the building vacated. Ms. Moermond asked the specific conditions that led to the condemnation. Mr. Uimaau responded the primuy code violations were lack of �oke detectors, lack of proper egress, plumbing that was unsafe with no vent, occupying a commercial portion of the building for resident purpose, and the uuliabitable portion that was residential. The unmediate condemnation was the life safety issues of no egress and lack of smoke detecfors. Ms. Moermond has in front of her the requiremeat to register tlus as a vacant buiidiag. Mr. Magner stated this is Cagetory II wIuch would reqnire a team inspection, pennits, and an issuanee of a Ceitificate of Occupancy before lus of&ce would close the file. Mr. Liu sEated be is a responsible landlord and he was not given the opportntufy to take care of the tenant evicted by the court. April 18 is the same date of the coisE order. He was happy the tenant was evicted by The eqmt, On Apri120, he received a letter. Ms. Moermond asked did he tiave access.during that time. Mr. Flores responded the front dooi lock was changed. He will take caze of that by changing the lock. Mr. Liu stated the teaaut damaged ffie property. The tenant was reported by Officer Mike Carroll on December 17. He l�ows the tenant was evicted. Mr. Liu was happy to have the tenanT out. In ozily two days, he r�eived a compiaint by the Fire Depar€ment He would ask tn be given a � Marcia Moermond SPOPTICAL COUNCIL "�5-452 tif� � � �� � � � � � ��� � � � � ���� � �� � � Page 19 � OS- SS� :r�:� LEGISLAZTVE F3EARING MINUTES OF MAY 3, 2005 Pzge 10 reasonable amouat of time to conduct the repaits. They have already started the repai* grocess. Mr. Urmann stated the inspection occuaed on t3�e 18 ordexs were issued imxuediately with mm immediafe vacate of the 19'� due to the life safety issues. Mt. Liu xesponded that is the date the covrt ordered his tenaat to move o�rt. Ms. Moeimoad asked wl�at precipitaTed this inspeclion. Mr. Umiann responded fie cannot say, but he believes it vras a refeaal, buT he is not sure from where. Ms. Moermond 2sked wntd he not get iato tlae bvilding. Mr. Lin respoaded he did not have the key. Ms. Moermond stated he contd [emove the locks. She asked how He got in when the tenant left. Mr. FFores responded tkirough the back door. Sometime in March, Mr. Liu caIled and said there was aa incident with a tenant. He went throun� the list that the deparhnettt provided. He got the Cerkificate of Occupancy and got all ihe reqnirements. Ofthe 31 issues mentioned, aUout 25 are contribuEed to tlus particular individual. The area is proactive. The tenant probably made the ca1l. Mr. Flores indicated to Mr. Liu that he called the plumber, electrician, and he will do what is required. There is a roll off in the back They are to teinstall fue extinguishers, wluch were previoasly present and approved. It is a good pmperiy. Mr. Liu spent money to redo The storefront. They have been forced to install a valve. Mr. Lee has been proactive. Ms. Moermond stated this building has three spaces. Mr. Flores responded the front half is store front and fhe back half is apariment. No one is there. What was filed was an appeal of the requirement fhat the building be registeied as vacant She asked weze they also appealing the con8emnation and revocation of certificate of occupancy. Mr. Liu responded yes. Mr. Magner stated he believes that NHPI has done nothing inappropriate based on the f-act that Fire Department is in control of multi-unit or commercial v�uts. NI�'I is fully in staudard pracfices $exe, but the Vacant Building Regis4ation Notice gives 30 days to register die property. Af3er that, they give an additional ten days. NHPI would noY be opposed to 60 days m bring the building into compliance. Mr. Magner is willing to forgo the fees if two things aze accomplished: �l) they submif the regishation forms indicating they are going to oUt<vn a team inspection and complete the project in 60 days, 2) they inaiutain the praperty so that the City does not have to take care of the property. Ms. Moermond responded tl��a.t sounds reasonable. Mr. Flores asked can he pull a Tepair pennit Not until the team inspection was perfozm�l, answered NIr. Magnei. Ms. Uzmnann stated what is in front of them is a basic list that caused the action. Ia order for them to reoccupy it, it would I�ave to be inspected and approvecL The way tt�aY. happens, they put a team iaspection would go through the property, and give a full list of what is needed They can hy tn e�edite that mattei. There is no fee; it is part of the Ceriificate of Occupancy. Nfs, Moezmond asked what Idnd of histoxy is on tUis building for conections. Mr. Urmann responded it has been typicat up fo this point They redid ffie front to make iY attractive to the j Marcia Moermond SPOPTICAL COUNCIL 05-452 trf� � � � � ��'� ��� � �� � � � � �� ��� � � �Page 20y OS- SS 3 �5-�15� LEGISLATIVE HEARING MIIJI7TES OF MAY 3, 2005 Page 11 commimify. The yoimg man was Lesidiug dovmstai�, and he was ordered to stop and get his sAiff out Mr. F1ores asked other questions and Mr. Ummnn responded he would have to see the buiIding. Ms Moermond asked is it nomial proced�se to xeqiuce a team mspection £or reoccupation. A�. Ursann respottded it is tug,gexed by Vac�t Bialding Statns. There were so many vio]ations, tUaz it called for fhat immediate action. Mr. FIores asked can he come back in a week to look aT this. Ms. Moermond stated a lot of damage was done. The concem is that a geneial inspector was seat through and not a team trades inspector. The fees will be waived. He sfiould get the iuspector, as they do not know what is m there. Sounds like the frre department can schedvle in quick osdei. Ms. Mcermond asked does he have a standing time. Nfr. Umi�n responded every Tltursday afteiuoon. It would be two weeks out Mr. Liu asked can the City talce offthe condemvatioa Ms. Moexmond responded the City will not legally lift the condeIImation. If the concem is s is co o e wi -- — lifl;ng it off the building. The sign cau 6e removed, but the status will not change. Ms. Moermand recommends denying the appeal of the Vacant Buildmg Registration Notice dated 4-21-OS and waiviug the varant building fees until 8-1 S-O5. Appeal of Deficieney List, wtueh includes condemnation, at 100 Califomia Avenue West Uait 308: appeilant: Stephanie Reese. (Division of Fire Preveirtion) The following appeazed: Perry deStefano, SMRLS,16b Fourth Sheet Fast, �200; Stephanie Reese, appellanf. Michael Urmaan, reported that Perry deStefano and he have spoken on tivs issue. The conections have been made. Beds have been removed from the location. He has an appoinhnent ttus aftemoon to make sure that code compliance has been gained. Iv�, deStefano stated the tenant is on Section $. He requests a writfen decision that there is no unauthorized occupant. The tenant suffers from a mental disabiliry. The daughter moved out They have documentation that fhe daughter is with the husband. The owner had a memorial foi her daughter in the closet. $ has been removed. Ms. Reese has a hearing on Thuzsday. Secfion 8 is unpoxtant to hei. She has a huo bedtoom apartment. She has a 13d that w�at to college, so she is in tke process of getting a one bedroom certificate. When the inspecfor saw that in the closet, it looked like there were tUree people living fhae. Ms. Moermond stated she is reading fUat there were four people. Ms. deStefano responded thete was a broken futon. It may 2iave looked like someone was theie. They put it against the wall. The tenant a3so has osteoarNu'itis, so she likes to lay down to watch tv. Marcia Moermond SPOPTICAL � COUNCIL � 05-452 tif � � � �� � � �� ��Pa e 21; ____.._.__..______,.__ .._.. _w.._._�..,__,_n. _._ .�.___w�.,_.�.m„_�..,._._,._._, ....,_�... .......__9..�--. �— �3 ��� LEGISLATNE HEARLNG MINUTES OF MAY 3, 2005 Page 12 Ms. Moe�ond asked who is living here. Mr. deStefano responded just tUe tenant Steph�ie Reese. Mz LT�ann asked wiSl a letter suffice from him Mr. deStef�o responded yes. Ms. Moermond recommends granFing the appeal of the Deficiency List, wluch inciudes coademnation, dated 420-05, as the condemnation t�as been lifted. The hearing was called tq order az 12:02 am. xru