05-613Council File # �5 �13
Green Sheet # �,o2tp(eiq
OF
Presented By
Referred To
5y
RESOLUTION
NT PAUL, MINNESOTA
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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
removal of a three-story, masonry and block structure located on property hereinafter refeired to as the
"Subject Property" and commonly known as 647 York Avenue. This property is legally described as
follows, to wit:
The South 42.8 feet of L.ot 18, Joseph R. Weide's Subdivision of Block 27 Arlington Hills
Addition to St. Paul, Minn.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood Housing & Property Improvement on or before January 9, 2005, the
following are the now known interested or responsible parties for the Subject Property: Susan
Strombeck, 165 County Road F W, Shoreview, MN 55126-6246; Susan Strombeck, 647 York Ave.,
St. Paul, MN 55106-3725
WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the
provisions of Chapter 45 of the Saint Paul L.egislative Code an arder identified as an"Order to Abate
Nuisance Building(s)" dated April 25, 2005; 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 May 25, 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 L.egislative
Hearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance with
the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and purpose of
the public hearings; and
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1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul Ci�_/_'2
2 Council on Tuesday, June 21, 2005 to hear testimony and evidence, and after receiving testimony aXcf� � �
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 welfaze and
5 remove its blighting influence on the community by rehabilitaUng this structure in accordance with all
6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in
� accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to
8 be completed within fifteen (15) days after the date of the Council Hearing; and
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WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 6, 2005
and the testimony and evidence including the acrion taken by the L.egislative Hearing Officer was
considered by the Council; now therefore
BE TT RESOLVED, that based upon the tesrimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order
concerning the Subject Property at 647 York Avenue:
1.
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S.
6.
Q
That the Subject Property comprises a nuisance condition as defined in Saint Paui
Legislative Code, Chapter 45.
That the costs of demolition and removal of this building(s) is estimated to exceed three
thousand dollazs ($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 coirect the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been corrected.
That Neighborhood Housing & Property Improvement has posted a placard on the
Subject Property which declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Neighborhood Aousing & Property
Improvement, Vacant/Nuisance Buildings.
That the known interested parties and owners are as previously stated in this resolution
and that the notification requirements of Chapter 45 have been fulfilled.
••� •
The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties sha11 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 correcting 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.
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2. If the above corrective action is not completed within this period of time Neighbarhood Housing
& Property 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 Legislative Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
property or fixtures of any kind which interfere with the demolition and removal shall be
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.
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12 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties
in accordance with Chapter 45 of the Saint Pau] Legislative Code.
Requested by Department of:
Yeas Navs
Benanav ,/
Montaomerv �
Bostrom �/
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Lar
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By:
Appr
BY:
Absent Nei hborhoo Housinc Pro ert Im rovement
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DePartment/office/cou�il: Datelnitiated: j�j ���
NH ���H�� �-�Y� Green Sheet NO: 3026619
Co�rtact Person & Pho�:
Mdy Dawldi�s
2667927
Must Be on Couneil Agen
O6JUL-05
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Assign
Number
For
Routing
Order
Total # of Signature Pages _(Ciip AII Locations for Signature)
DeoaRmeM Sent To Person InitiallDate
0 ' h r o' r
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4 ancil
5 ' Clerk C' Clerk
Action Requested:
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolution, the Neighborhood Fiousing & Property Improvement is ordered to remove the building. The subject
property is located at 647 York Avenue
idations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Canmission
the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this persoNfirtn ever been a city employee?
Yes No
3. Does this persoNfirtn possess a skill n� n�mally possessed by arry
current city emplqree? �
Yes .No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportuniry (1Nho, What, When, Where, Why):
' This building(s) is a nuisance bwlding(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 known to the Enforcement Officer were given an order to
' repair or remove the building at 647 York Avenue by May 25, 2005, and have failed to comply with those orders.
AdvanWGes If qpproved:
The City will eliminate a nuisance.
DisadvanWges If qpprovetl:
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special
assessment against the property taxes.
Disadvanpges If Not Approvetl:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
1 Amount of 2�000
Transaction:
CosURevenue Butlgeted: y
Fundin9 source: Nuisance Housing nct�v�tr Number: 30251
Financial Information:
Abatement G�`it �°��'���h Cr"t°1'
(ExPlain) �
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NEIGHBORHOOD HOUSLYG & PROPERTY 4biPROVEMEN'i'
Andy Dawkins, Program Manager
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CITY OF SAINI' PATJI, N¢isanre Build�ng Code Enforcement
RandvGKe[iy,Mmor 7600Nord�WniteBearAvertue Tr1: 6i1-?66-1900
Saint Paul, M,V »106 Far. 651-266-1926
May 27, 200�
NOTICE OF PUBLIC HEARI��TGS
Council President and
Members of the City Council
Neighborhood Housin� & Property Improvement , Vacant/Nuisance Buildings Enforcement
Division has requested the City Council schedule public hearings to considec a resolution
ordering the repair or removai of the nuisance building(s) located at:
647 York Avenue
The City Council has scheduled the date of these hearings as foltows: -
Legislative Hearing - Tuesday, June 21, 2005 -
City Council Hearing - Wednesday July 6, 2005
The owners and responsible parties of record aze:
Name and Last Known Address
Susan Strombeck
165 County Road F W
Shoreview, MN 55126-6246
Interest
Fee Owner
Susan Strombeck
647 York Ave.
St. Paul, MN 55106-3725
The legal description of this property is:
Fee Owner
The South 42.8 feet of I.ot 18, Joseph R. Weide's Subdivision of Block 27
Arlington Hills Addition to St. Paul, Minn.
Neighborhood Housing & Property Improvement has declazed this building(s) to constitute a
"nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Housing & Property
Improvement has issued an order to the then known responsible parties to eliminate this`nuisance
condition by coirecting the deficiencies or by razing and removing this buiiding(s). -
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647 York Avenue
Iviay 27, Z005
Pa�e 2
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 Neiahborhood Housing & Property Improvement that the City Council
pass a resolution ordering the responsible par[ies to either repair, or demolish and remove this
buiidin' in a timely manner, and failing that, authorize the Neighborhood Housing & 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,
�s
, , �� ,
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Steve Magner
Vacant Buildin�s Supervisor
Neighborhood Housing & Property Improvement
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cc: Frank Ber?, Building Inspection and Design
Judy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
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MINT_JTES OF THE LEGISLATIVE HEARING
ORDERS TO REMOVE/REPAIIZ, CONDEMNATIONS, ABATEMENT ASSESSMENTS,
ABATEMENT ORDERS, RENTAL REVOCATION CERTIFICATES
Tuesday, June 21, 2005
Room 330, 15 Kellogg Boulevard West
Mazcia Moermond, Legislative Aearing Officer
The hearing was called to order at 10:02 a.m.
STAFF PRESENT: John Betz, Neighborhood Housing and Property Improvement (Nf3PI);
Katherine Lor, Human Resources; Steve Magner, NHPI; Racquel Naylor, City Council Offices
Laid over summary abatements:
J0502A Property cleanup at 1255 Ashland Avenue;
JOSOlA Property cieanup at 971 Earl Street;
J0502A Property cleanup at 971 Earl Street;
J0502A Property cleanup at 1783 Marvland Avenue East;
JOSOlA Property cleanup at 2168 Minnehaha Avenue East;
J0502A Property cleanup at 1548 Van Buren Avenue;
JOSOlA Property cleanup at 195 White Bear Avenue North.
971 Earl Street (JOSOlA, J0502A�
Norma Abad, owner, 4456 Woodgate Point, Eagan, appeared.
Regazding JOSOlA, John Betz reported orders were issued to remove items by 1-17-05. The
reinspection was on 1-19-05. A work order was sent to Parks who removed the above items on
1-24-05. For J0502A, orders were mailed on 1-13-OS to remove snow and ice on public
sidewalk and to comply by 2-2-05. A work order was sent to Parks who shoveled the walks on
2-2-05.
Ms. Abad stated notices did not get to her. they were sent to 971 Eazl, but she does not live
there. She has a tenant there. Ms. Abad had given a forwarding address a year ago.
Mr. Betz stated original notices were sent to TCF and to the occupant. Ms. Abad responded TCF
was the owner a couple of years ago. She bought the property in 2003. The County has not
updated the paperwork from the title company.
Ms. Moermond asked is there anything for rental registration and Mr. Betz responded he does
not. Ms. Abad responded this is a rental property.
Ms. Moermond asked did the occupant let Ms. Abad lrnow these notices had come. A month
later, responded Ms. Abad. She never saw the notices herself.
Mr. Betz stated he has an ownership in 2004 of a Fernandez as a tas owner. Ms. Abad
responded that was the previous owner. The property was in foreclosure and TCF was the seller.
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LEGISLATIVE HEARING MINtJTES OF JCJNE 21, 2005 Page 2
(A videotape was shown.)
From the videotape, said Ms. Moermond, it looked like a closed freezer.
(The videotape was shown again.)
Ms. Abad stated that $eezer was not hers. The only thiug that was hers was the mattress. Ms.
Moermond responded she is flexible in listening to all kinds of situations, but she is inflexible
with refrigerators and freezers being left with their door unsecured. She saw no bolt and no door
removed. As faz as she is concerned, the City should have gone there within 24 houts. It is
especially dangerous in the winter when kids make things like snow forts. Also, this should have
been registered as a rental property. Ms. Abad responded it was not the purpose to rent it; it was
going to be sold on a contract-for-deed, the person backed out, and these tenants came at the last
minute.
Ms. Moermond stated it was bought in 2003 and these violations were in 2005. More than a year
lapsed from the time she purchased it to get it registered as a rental property. Ms. Moermond
recognized Ms. Abad did not get the notice at her mailing address, but it was partly Ms. Abad's
fault. If it was registered as a rental property, she would have gotten the notice. Ms. Moermond
is wiiling to give a break on the snow emergency, but not the cleanup.
Ms. Abad stated she will be filing an unlawfiil detainer on the tenant and asked could her tenant
look at the videotape. Mr. Betz responded that she could contact him.
Ms. Moermond recommends the following:
JOSOlA — approval of the assessment because the freezer door was still intact.
J0502A - reducing the assessment from $220 to $110 for the snow and ice removal hecause the
owner did not receive proper notice.
1255 Ashland Avenue
Racquel Naylor said the owner requested that this be laid over to June 28.
Ms. Moermond recommends laying over to the June 28 Legislative Hearing.
2168 Minnehaha Avenue East
Racquel Naylor said the owner requested that this be laid over to June 28.
Ms. Moermond recommends laying over to the June 28 Legislative Hearing.
195 White Bear Avenue North
(A videotape was shown.)
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LEGISLATIVE HEARING MINUTES OF .iCTNE 21, 2005 Page 3
Ms. Moermond recommends approval of the assessment. The owner requested additional time at
a previous hearing to hire a proper landscaper. Mr. Betz added that trees overhanging public
sidewalk is a problem for blind people.
Referred back to Legislative Hearing
J0403V Towing of abandoned vehicle from 832 Englewood Avenue.
(Note: This assessment has already been approved by City Council. It was referred back to a
Legislarive Hearing by Councilmember Montgomery.)
(Katherine Lor provided English-Hmong interpretation for this address.)
The foilowing appeared: Youa Xiong and Heu Vang, owners.
John Betz reported he does not have a file for this property.
Ms. Moermond explained that the translator is a City employee and is not here to represent them.
Ms. Vang said that the reason they do not want to pay for the assessment because the garbage
belonged to the previous owner, who did not have a place to rent and then rented from them.
Ms. Vang told him to clean it up, but it was the City that cleaned it up. They evicted the tenant
in December.
Ms. Moermond stated the vehicles and the condifions are the responsibilities of the property
owner. It is $409 for the blue Toyota and staring it for two weeks. Ms. Lor responded that the
owners mentioned gazbage. Ms. Moermond responded there may be other assessments. TYris
sounds like a legal situation between them and the former renter. Ms. Moermond has to balance
how much is the owner's responsibility and how much is the taxpayers' responsibilities. She
will reduce this assessment to $300.
Mr. Xiong wonders why the previous owner was not called to do the clean up. Ms. Moermond
responded she does not know that is the case.
The owners said they will be willing to pay for tlus if Ms. Moermond would give them
documentation that if they become renters, they are not responsible for keeping the property.
Ms. Moermond responded she is not empowered to give any such document.
If the owner improves the property, the value goes up. Then the appreciation and value goes into
their pocket. They allowed the previous owner to stay here.
Ms. Moermond recommends reducing this assessment from $409 to $300 and making the
payments over three yeazs. (A resolution will be prepared to reduce this assessment.)
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LEGISLATIVE HEARING MINLTTES OF JCINE 21, 2005 Page 4
Appeal of Vacant Building Registration Nofice at 1131 Pavne Avenue; owner: Regina R
Mejia for Want 2B Nice Properties III. (DIIIPn
(Rescheduled from 6-7-OS)
Matt Mejia, owner, 1200 Forest Street, appeazed and stated the property is owned by Old
Treasure Real Estate; Want 2B Nice is the holding company. The tenant was dealing drugs, so
Mr. Mejia was contacted by one of the City officers. Mr. Mejia kicked out the tenant and
received a Revocation of Rental License after that. He talked to Andy (Dawkins, NHPn, who
was going to give him a certain amount of time to get the repairs done. Then he got the Vacant
Building Notice. He got the guy out like the City asked him to and the other unit was
unoccupied. He knows the building needs works.
Ms. Moermond asked is this a Category II Vacant Building. Steve Magner responded yes and
Lisa Martin (NHPI) referred it over to him. Inspector Singerhouse found the property did not
meet the criteria of the ordinance. He mailed the registration notice to the owner and a letter
indicating the property was going to require a Code Compliance Inspection. Mr. Dawkins gave
Mr. Magner a document indicating the property owner should evict the tenant. This was signed
by the appellant Regina Mejia. Also, there is a serious electrical issue at the property: there is a
minimum 60 amp service. If it is serving both units, that allows for 30 amps per unit, which does
not meet the minimum requirement for housing in the City. The building could be condemned
on that, but a condemnation is a tool used to vacate a dwelling. His opinion is that the owners
need a Code Compliance Inspection on this property and a certificate issued.
Mr. Mejia said he does not disagree with Mr. Magner. That is one of the reasons why they
needed to have both tenants out; it is not easy to do electrical when one or both units aze
occupied. Mr. Mejia's issue is that the Level II Code Compliance is significant. That was not
his understanding of the agreement with Mr. Dawkins. One of the things they needed to do is the
electrical upgrade. It also needs a roof and windows. Mr. Mejia just does not think it warrants a
Level II Inspection.
Ms. Moerond asked were there any notes in the file about his conversation with Mr. Dawkins.
NLr. Magner responded the only thing he has is this document.
Ms. Moermond looked at the documents provided by Mr. Magner and said it cleazly states that
Mr. Mejia understood the violations needed to be corrected before the building is reoccupied and
those violations would be deterniined by an intemal and external inspection of the property. It is
straightforward.
Ms. Moermond asked when he would do the repairs. Mr. Mejia responded he needs to refmance
the properiy because there is $50,000 worth of work to be done. It should be done by the end of
suminer.
Ms. Moermond stated she cannot give him much on this. This is clean cut and should be a
vacant building registrarion. She hears he had an interaction with Mr. Dawkins that left him
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LEGISLATIVE HEARING MINiJTES OF JLINE 21, 2005 Page 5
under a different impression. She can give him a break on the Rental Registration Fees and
arrange for the fees to be delayed until September 30. The agreement looks ciear.
Mr. Magner clarified that Ms. Moermond is requiring the Code Compliance Inspection and the
Code Compliance Certificate before occupancy and she is holding the fee for four months. He
asked that the registration form still be subznitted. At the end of four months, the fees would be
required. Ms. Moermond responded that is conect. Mr. Mejia responded this recommendation
is fair.
In sununary, Ms. Moermond recommends withholding the Vacant Building Registration Fees
until September 30, 2005. If the work is done by then, the fee will not be required.
Resolution ordering the owner to remove or repair the building(s) at 1328 Marearet Street.
If the owner fails to comply with the resolution, Neighborhood Aousing and Property
Improvement is ordered to remove the building.
Dan Labazre, owner, appeazed.
Steve Magner reported this building was condemned on 9-24-04 and has been vacant since
10-13-04. Seven sumnlary abatement notices have been issued for several violations. On
4-12-05, 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 4-25-OS with a compliance date of 5-25-05. As of this date, this property
remains in a condition which comprises a nuisance as defined by the legislarive code. The
Vacant Building Fees and real estate tases have been paid. Taxation has placed an estnnated
market value of $35,400 on the land and $105,300 on the building. There was a Code
Compliance Inspection done on 11-9-04, and a bond was posted on 4-27-05. Code Enforcement
Officers estimate the cost to repair is $50,000 to $60,000. The estimated cost to demolish is
$7,000 to $8,000. There are still ongoing police activities at the property. They have monitored
this property repeatedly for illegal occupancy by Mr. Labarre and two others who say they know
him. Mr. LaBarre has gone to court from being been tagged for illegal occupancy.
In answer to several questions, Mr. Magner responded almost all of the Suminary Abates Orders
have gone to work orders. There were a number of snow and ice issues, ta11 grass and weeds,
and garbage. The City has only been dealing with this since 10-13-04. One permit was
cancelled because he needed to pull a bond. The City has not been called back to do inspections.
The owner recently purchased the house out of foreclosure.
Ms. Moermond asked the owner what he intends to do with this building. Mr. Labarre
responded to get it up to code. He has been doing work on the inside and maintaining the grass.
He posted the $2,000 a couple of months ago and has some friends that will help hizn out with
getting a loan through Dayton's Bluff for the roof. There are some things he can do from the list.
LEGISLATTVE HEARING MINLJTES OF JUNE 21, 2005
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Page 6
Ms. Moermond asked where he is with the crinunal citation issue. Ms. Labarre responded the
prosecuting attomey said that he has to do 15 days with time served; he already completed five.
There were a few tags written. The cops came on Memorial Day and said he was not supposed
to be there, yet the prosecuting attorney said that he could.
Ms. Moermond asked about the condemnarion. Mr. Magner responded he does recall that there
were interior maiutenance repairs. There was an open junction box and exposed wiring. If he is
looking for obtaiuing a loan to do the roof and other things, the 50% threshold will not have been
made by the time the approval goes through. Mr. Magner does not want him to lose his bond.
Ms. Moermond recommends that the owner do the following by noon of July 6: 1) Provide a
work Plan indicating how a11 the items on the Code Compliance Inspection Report will be
compieted, 2) Provide a financial plan indicafing the wherewithal to execute the work plan, 3)
maintain the exterior of the property, and 4) no future police ca11s for illegal occupancy. The
work plan needs to be approved by Steve Magner and Ms. Moermond.
� Resolufion ordering the owner to remove or repair the building(s) at 647 York Avenue. If
the owner fails to comply with the resolution, Neigh6orhood FIousing and Property
Improvement is ordered to remove the building.
Susan Strombeck, owner, appeazed.
Steve Magner reported that this building was condemned on 1-12-04 and has been vacant since
then. The owner is Susan Strombeck. There have been two suitunary abatement nofices to cut
tall grass. On 3-2-05, an inspection of the building was conducted, a list of deficiencies which
constitute a nuisance condition was developed, and photographs were talcen. An Order to Abate
Nuisance Building was issued on 4-25-OS with a compliance date of 5-25-05. 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 aze due, and the real estate tases aze unpaid in the
amount of $3,406.42. Taxation has placed an estimated market value of $5,000 on the land and
$207,500 on the buiiding. As of 6-21-05, a code Compliance Inspection has not been applied
for. On 1-7-04, Fire completed a Code Compliance Inspection. As of 6-21-05, a$2,000 bond
has not been posted. Minimum repairs aze estunated at $150,000 and the estimated cost to
demolish is $25,000 to $27,000.
Ms. Strombeck stated she plans to rehabilitate the property and will be getting a loan to do that.
There aze two floors and a basement. She wants to live there and rent out one space. She bought
the building in 1995, and she was out of work for a long time due to an accident.
Ms. Moernnond asked for information on the condemnation. Mr. Magner responded they do not
have a team inspection, but the condemnation is dated 1-24-04. There is no heat in the building
along with severe water damage. Mr. Strombeck responded there was a breakage in the pipes
that go to the radiators caused by a water main ttiat broke in the street.
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LEGISLATIVE HEAItING NIINLTTES OF JIJNE 21, 2005 Page 7
Ms. Moermond stated there is a lack of basic facilifies: gas, electric, and water. The City has
boazded up the proper[y.
Ms. Moermond recommends the following is done by noon of July 6: 1) A Code Compliance
Inspection Report conducted, 2) a work pian to address a11 the items on the Code Compliance
Inspection, 3) maintain the ea�terior of property, 4) pay the Real Estate tases, 5) pay the Vacant
Building fees, 6) Provide a financial plan showing the owner bas the financial capacity to
execute the work plan, and 7) post the $2,000 bond and pull pemuts. The owner is in danger of
losing this building.
Appeal of Summary Abatement Order at 646 Fuller Avenue; owner: Richard A Bowen.
c�n
Richazd Bowen, owner, appeared.
7ohn Betz issued a Correction Notice about a 55 gallon metal drum full of rubbish near the
gazage, a pile of firewood or tree logs, and a metal cabinet.
Richard Bowen reported his notice said notlung about tree logs. It mentioned a metal cabinet, a
pine tree, tree debris in the yard, and a metal drum. The pine tree was an artificial Christmas tree
someone gave him, which was moved to the basement. He and his neighbor both received
notices to cut down trees. He made three trips to the recycling. He didn't do anything about the
55 metal drum neaz the alley, as it has been there since 1979. People going through the a11ey toss
things into the banel. It never overflows, so he does not see it as a nuisance. It is a benefit to the
aliey. The metal cabinet is on the patio. He has put a lot of work onto the house by installing a
new roof and a retaining wall. The metal cabinet is not a nuisance, and the tree logs were all
picked up.
When asked what he is looking for, Mr. Bowen responded he would like to not leave the 55
gallon drug and the metal cabinet. They do not fit the definition of a nuisance. As for the wood,
he does not have tree logs.
(Ms. Moermond viewed photographs supplied by Mr. Betz.)
Ms. Moermond responded she is looking at a photograph of a pile of wood. Mr. Bowen
responded it is up to statute and off the ground. Mr. Betz responded it is right next to an
occupied structure.
Mr. Bowen stated no one told him to remove the fire wood. The pile has been there for years.
He has a fireplace.
Ms. Moermond asked the date of the original Correction Notice. Mr. Betz responded May 18
with a compliance date of May 30.
v5-Eo! 3
LEGISLATIVE HEARING NIINIJTES OF J[INE 21, 2005 Page 8
What is the problem with the tool cabinet exterior storage, asked Ms. Moermond. Mr. Betz
responded it may not fit the definition of nuisance. Rather, it may fit the definition of ea�terior
storage which would be more applicably addressed with the crinunal violation tag as opposed to
a nuisance abatement condition. He does not see notes of a conversation. He has a notice that
says tree logs.
Ms. Moermond stated the wood pile cannot be stored thax close to the house. That is easy to fix.
She asked is the metal cabinet rusting. No, responded Mr. Bowen, and he has it there while he is
remodeling.
In answer to questions about the barrel, Mr. Bowen responded there are no holes in it. Peopie
use it. He goes in other alleys and there is glass all over the place. He thinks he is doing
something that benefits the neighborhood and does not see it as a nuisance. He does not always
totaily empty it, but it is never overflowing.
Mr. Betz stated his understanding is that the barrel has concrete, broken glass, and refuse. The
City puts out barrels and the contents aze removed so there are no problems with flies, or vermin
to breed within the container especially if there is no cover. In 26 yeazs, said Mr. Bowen, he has
never found food, vermin, nar flies.
Ms. Moermond stated three weeks from today is a good time to remove the firewood pile. Mr.
Bowen should take a Neighborhood Nuisance Handbook which has a section on fire wood. As
for the tool storage, it is not a building like a shed, so it is not okay exterior storage. She can see
it is useful; however, the garage is where most people haue this kind of thing. He has unfil
September 30 to find a place for it. A piece of furniture cannot be stored outside.
Mr. Bowen stated he does not understand why this is the case when lawn furniture is fine. The
City does not allow storage of materials in exterior areas in Chapter 34, responded Mr. Betz.
Lawn furniture is used in the capacity of enjoying the outdoors.
In sunmiazy, Ms. Moermond's recommendations aze as follows:
Tree Logs — appeal denied and should be moved by July 12, 2005;
Metal cabinet - appeal denied and should be moved by October 31, 2005;
Barrel — appeal granted and the barrel can stay there indefinitely as long as it is emptied once a
week.
The hearing was adjourned at 11:55 a.m.
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