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05-669� /�1.�/v � � — �/ � ��.D c�.� CITY OF Presented By Referred To Committee: Date o�� 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 ar wrecking and 3 removal of a two-story, wood frame duplex and the utility shed located on property hereinafter refened 4 to as the "Subject Property" and commonly lmown as 332 St. Clair Avenue. This property is legally 5 described as follows, to wit: 6 7 Ali that portion of Lots 1, 2 and 3 of Block 1 of Drake's Addition to Saint Paul, that lies 8 North of the Chicago, Milwaukee and St. Paul Railroad right of way. 9 1 O WHEREAS, based upon the records in the Ramsey County Recorder's Office and information 1 1 obtained by Neighborhood Housing & Property Improvement on or before January 10, 2005, the 12 following aze the now lmown interested or responsible parties for the Subject Property: Aurelia L. 13 Tessmer, 332 St. Clair Ave., St. Paul, MN 55102-3110; Walter G. Tessmer, P.O. Box 40333, St. Paul, 14 MN 55104-8333;; Thomas K. Robinson, 7ll South Smith Ave., St. Paul, MN 55107; Thomas K. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Robinson, 711 South Smith Ave., St. Paul, MN 55107; Minnesota Housing Finance Agency, 333 Sibley Street, St. Paul, MN 55101 WHEREAS, 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 May 4, 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 WI�REAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by 7une 3, 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 31 WHEREAS, this nuisance condition has not been conected and Neighborhood Housing & 32 Property Improvement requested that the City Clerk schedule public hearings before the I.egislative 33 Hearing Officer of the City Council and the Saint Paul City Council; and 34 3 S WI�REAS, the interested and responsible parties have been served notice in accordance with 36 the provisions of Chapter 45 of the Saint Paul I.egislative Code, of the time, date, place and purpose of 37 the public hearings; and RESOLUTION NT PAUL, MINNESOTA Council File # �_ �� Green Sheet # 3026796 AA-ADA-EEO Employer OS - !olv9 0 6 7 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 Legislative Hearing Officer of the Saint Paul City Council on Tuesday, 7uly 5, 2005 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighring influence on the community by rehabilitaring this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of the structure to be completed within �i€tea�i {�}days after the date of the Council Hearing; and —t-h�� C3a� WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 20, 2005 and the tesrimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE TT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 332 St. Clair Avenue: l. 2. 3. 4. 5. 6. 7. 8. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 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 conected. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demoliUOn. That this building has been routinely monitored by Neighborhood Aousing & 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 blighfing 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 ail applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within�e,:a.{-}-5}days after the date of the Council Hearing. -- Ff�%rfi/ L367 AA-ADA-EEO Employer os ��9 � 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective action is not completed within this period of time Neighborhood Housing & Property Improvement is hereby authorized to take whatever steps aze necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul I.egislative 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 demoliUOn and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul I.egislative Code. Requested by Department of: Yeas N avs Benanav � Montaomerv �l Bostrom ✓ Thu Has Lar, HeI Adop Adop By: Appr BY: Absent Nei hbor ot�HOUSin Pro ert Im rovement By: CY Aj i AA-ADA-EEO Employer " OS- Ll.9 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Depar6nent/office/council: NH — NeigLlwrhoodRousiug/Propeny Contact Person & Phone: Antly Dawkins - 266-7927 20:1UL-05 Council Agenda by (Date): 10-JUN-0S y Assign Number For Routing Order Green Sheet NO: 3026796 Deoartment SentToPerson InitiaVDate 0 r _, 4 uncil 5 ' Clerk Ci Clerk Total # of Signature Pages _(Clip AII Locations for Signature) Actio� 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 resoludon, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 332 St. Clair Avenue. idations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal 1. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a ciry employee? , Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (4Yho, 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 laiown to the Enforcement Officer were given an order to repair or remove the building at 332 St. Clair Avenue by June 3, 2005, and have failed to comply with those orders.- AdvantageslfApproved: The City will eliminate a nuisance. Disadvantages If Approved: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the proper[y, collected as a special assessment against the property taxes. REt�E�VE� DisativanWges If Not Approved: � A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. MAYOR OFFICE Total Amount of g000 Trensaction: Fundiny source: Nuicance Housing Financiallnformation: Abatem@nt (Explain) Cost/Revenue Budgeted: y Activity Number: 30251 , �, JUh' i � 20Q5 ♦ • � MINUTES OF THE LEGISLATIVE HEARING OF JULY 5, 2005 .. . . � _ _R�iti � Resolufion ordering the owner to remove or repair the building(s) at 332 St. Clair Avenue. If the owner faiLs to comply with the resolufion, Neighborhood Housing and Property Improvement is ordered to remove the building. Aurelia Tessmer, owner, Loren Wiseth, neighbor, appeazed Steve Magner gave a stafFreport: The building was condemned on 10-12-04 by NHPI and has been vacant since 10-25-04. The current owner is Walter G. Tessmer. There have been no summary abatement notices issued. On 4-27-05, 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 5-4-OS with a compliance date of 6-3-05. As of this date, this properry remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees were paid by Aurelia Tessmer on 5-26- O5. Real estate tases are unpaid in the amount of $2,158.80. Taxation has placed an estimated market value of $31,500 on the land and $124,900 on the building. On 6-2-05, LIEP completed a Code Compliance Inspection report. On 6-29-05, a$2,000 bond has been posted with LIEP. Code Enforcement Officers estnnated the cost to repair is $80,000 to $90,000. The estimated cost to demolish is $7,000 to $8,000. Ms. Moermond asked Ms. Tessmer who is Walter Tessmer (listed as fee owner) in relationship to her. Ms. Tessmer responded her dad. This was taken to probate and should have been completed. She will have to check into this. She has three contractors ready to repair it. She is bonowing money to finance this. In answer to a question about taYes, Ms. Tessmer responded she paid the current half. She is not awaze of previous taYes. Ms. Moermond recommends granting the owner 180 days to complete the rehabilitation on the properiy on condition that the following is done by noon of July 20, 2005: 1) a work plan submitted indicating how and when all the items on the Code Compliance Inspection Report will be completed, 2) a financial plan which demonstrates the capacity to pay the contractors far the work to be done, 3) taxes brought and up to date. If the property is being sold, she would like to see a purchase agreement. Laid over summary abatement: J0407E Excessive Consumption of Inspecfion Services at 277 Winifred Street East. (Note: Lisa Sindt, CSD of Minnesota, was hired by the City to provide American Sign Language interpretation.) The following appeazed: Terry Curtin, owner, Rosana Plaza, friend Steve Magner stated that on Febnxazy, an inspector was at 277 Winifred and issued a Correcfion Notice 2-14-OS with a compliance date of 2-15-05. NEIGHBORHOOD HOUSL�IG & PROPERTY R�IPROVEMENC Andy Dawkint, Program �Nanager x L /_(_ n, L � Z—I.QIQ,.. � C i l 1 ��' S�r pA� ' Nuisarice Butfdin3 Code Enforcenrrnt Rmrdy C. Kel[y, Mayor � � - 16QONarth-WhiteBearAvertue Saint Pcul. �Yf,Y 55106 June 10, 200� NOTICE OF PUBLIC HEARINGS Counci] President and Members of the City Council Tel: 6�7-266d 900 F¢x: 6i(-266-1926 v�v_,.�i: 4�c,-,^-mh �"�nba� mlJ�d 17' 200� Nei�hborhood Housin� Pe Property Improvement , VacantlNuisance Buildin�s Enforcement Division has requested the City Council schedule public hearings to consider a resolution orderin� the repair or removal of the nuisance building(s) located at: 332 St. Clair Avenue The City Counci] has scheduled the date of these hearin�s as follows: . Legislative Hearing - Tuesday, July 5, 2005 City Council-Hearing - Wednesday, July 20, 200� The owners and responsible parties of record are: Name and Last Known Address Aurelia L. Tessmer 332 St. Clair Ave. St. Paul, MN 55102-3110 Walter G. Tessmer P.O. Box 40333 St. Paul, MN 55104-8333 Thomas K. Robinson 711 South Smith Ave. St. Paul, NIlV 55107 David K. Cody Palmer Cody & O'Dea LLC 1700 West Hwy 36 Roseville, MN 55113-4034 Minnesota Housing Finance Agency 333 Sibley Street St. Paul, MN 55101 AA-ADA-EEO Employer Interest Homesteader Fee Owner Atty. for Homesteader Holder of Atty's Lien Mortgage Holder - c=;�:;,: --�-x`. 332 St. Clair Avenue June 10, 2005 Page 2 The lega] description of this property is: (�'�It�aq _ All that portion of Lots 1, 2 and 3.of Block 1 of Drake's Addition to Saint Paul, that lies tiorth of the ChicaQo, Milwaukee and St. Paul Railroad ri�ht of way. Nei�hborhood Housin� & Property Improvement has declared this building(s) to constitute a "nuisance" as dzfined by Le�islative Code, Chapter 45. Nei�hborhood Housin� & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� the deficiencies or by razin� and removing this buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blightin� influence of this property. It is the recommendation of the Neighborhood Housing & Property Improvement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the 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 ta�ces. Sincerely, > . . � � . Steve Ma�ner Vacant Buildinss Supervisor Neighborhood Housin� & Property Improvement SM:mI ec: Frank Ber�, Building Inspection and Desib Judy Hanson, City Attomeys Office MaryErickson, Assistant Secretary to the Council I.aurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO Employer