05-946��f�/��� ��v,s. Q� Council File # OS_�,�k�
Green Sheet # � V��
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
1 WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to
2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and
3 removal of a two-story, wood frame, duplex located on property hereinafter refeired to as the "Subject
4 Property" and commonly known as 742 Capitol Heights. This property is legally described as follows, to
5 wit:
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7 The Northwesterly 34 feet of the following described property: That part of Lot 5,
8 lying Westerly of Fairview Street, now Jackson Street, and Southerly of a line
9 between Lots 12 and 13, Block 20, extended to said Jackson Street, and also all of
10 I.ot 13, Block 20, "Ashton and Sherburne's Adddition to Saint Paul", Ramsey
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County, Minnesota.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood Housing & Property Improvement on or before February 1, 2005, the following
are the now known interested or responsible parties for the Subject Property: Lisa Kirkwood, 742 Capitol
Heights, St. Paul, MN 55103-2102; William Claiborne III, 7712 Hinton Ave. S Unit 1, Cottage Grove, MN
55016; Barbaza Licon, Fremont Investment & I.oan, P.O. Box 34078, Fullerton, CA 92834-34078
WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the
provisions of Chapter 45 of the Saint Paul L.egislative Code an order identified as an "Order to Abate
Nuisance Building(s)" dated August 2, 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 September 1, 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 I.egislative Code, of the time, date, place and purpose of the
pubiic hearings; and
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WHEREAS, a hearing was held before the Legislarive Heazing Offica of the Saint Paul City Council on
Tuesday, September 20, 2005 to hear testimony and evid�ce, and aft� receiving testimony and evidence, made the
reconmm�dation to approve the request to order the int�ested or respoosffile parties to make the Subjec;t ProperCy safe
and not detrim�tal to the public peace, heakty safdy and welfaze and r�ove its blighting influence on the communily
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demolishing and removing the slructure in accordance with all applicable codes and ordinances. The rel�itatiercer
demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 5, 2005 and the
testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council;
now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public
hearings, the Saint Paul City Council hereby adopts the following Findings and Order cancerning the Subject Property
at 742 Capitol Heights:
1. That the Subject Proper[y comprises a nuisance condition as defined in Saint Paul Legislative Code,
Chapter 45.
2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand
dollars ($3,000.00).
3. That there now exists and has eacisted multiple Housmg or Building code violations at the Subject
Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then lmown responsible parties to conect
the deficiencies or to demolish and remove the building(s).
5. That the deficiencies causing this nuisance condition have not been conected.
6. That Neighborhood Housmg & Property Improvemenhas posted a placard on the Subject Property
wlvch declazes it to be a nuisance condition subject to demolition.
7. That this building has been routinely monitored by Neighborhood Housing & Property Improvemeqt
VacanUNuisance Buildings.
8. That the Imown interested parties and owners are as previously stated in this resolution and that the
notificarion requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
The above refereciced 'mtereste3 or responsible parties shall make the Subject Properry safe and not
detrunental to the public peace, health, safety and welfaze and remove its blighting influence on the community
� as prescribed in the above referenced Order to
Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, er�iae by
demolishing and removing the structure in accordance with all applicable codes and ordinances. The
rehabi&tatierrer 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 Neighborhood 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 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:
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Absent Nei hborho d Housin Pro ert Im rovement
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartrnenUofficdcouncil: Datelnitiated: `�'�_ •��
NH -Ne=��b�Ho��o� 02-SEP-05 Green Sheet NO: 3027892
Contact Person & Phone: �oa��t Sent To Person InitiaVDate
Mdy Dawkins � 0 H o r
2661927 /.�sign 1 rhoodHo ' o De D"utttor �7'�Qs
M05-0CT-05 Councit Agenda by (Da�): Num6er y - Atto AYY�Q i f� �
For �
��� 3 vor'�e _ Mavor/A.ssistant
Order 4
5 ' Clerk Ci erk
7otal # of Signature Pages _(Clip AII Loeations for Signature)
Action Requested:
City Council to pass this resoluUOn which will order the owner(s) to remove or repair the referenced building(s). If the owner faiis to
comply with the resolu6on, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property
is tocated at 742 Capitol Heights.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions:
Planning Commission 7, Has this person/firtn ever worked under a contract for This department?
qB Commitfee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and aitach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 742 Capitol Heights by September 1, 2005, and have failed to comply with those orders.
AtivanWges If Approved:
The Ciry will eliminate a nuisance.
Disativantages If Approved:
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 tases.
Disadvantages If Not Approved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
Total Amount of
Transaction: �0000 Cost/Revenue Budgeteu: y
FundingSource: NuiSanceHouSing ActivityNumber: 30251 SEP 13 2U05
Financiallnformation: Abatement �� ���, �e nT������
I (Explain)
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NEIGHBORHOOD HOUSL�G & PROPERTY ,MPROVEMENC
Andy Dawktns, Progr¢m Manager hC
CITY OF' S�r pA V L Nuisarsce Building Codr Enforcement
Rarsdy C. Kelly, Mayar 7600 Nortl: White Bear Avenue Te[: 65l-266-1900
SairttPaul,bf.V5i106 Fax:651-266-1926
September 2, 200�
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Neighborhood Housing & Property Improvement , Vacant/�tuisance Buildings Enforcement
Division has requested the City Council schedule public hearings to consider a resolution
ordering the repair or removal of the nuisance buildin�(s) located at:
742 Capitol Heights
The City Councii has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, September 20, 2005
City Council Hearing - Wednesday, October 5, 2005
The owners and responsible parties of record are:
Name and Last Known Address
Lisa Kirkwood
742 Capitol Heights
St. Paul, MN 55103-2102
William Claibome III
7712 Hinton Ave. S Unit 1
Cottage Grove, MN 55016
Barbara Licon
Fremont Investment & L.oan
P.O. Box 34078
Fullerton, CA 92834-34078
The legal description of this property is:
Interest
Fee Owner
Homesteader
� Mortgage Holder
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The Northwesterly 34 feet of the following described property: That part of Lot 5,
lying Westerly of Fairview Street, now Jackson Street, and Southerly of a line
between Lots 12 and 13, Block 20, extended to said Jackson Street, and aiso all of
I.ot 13, Block 20, "Ashton and Sherbume's Adddition to Saint Pau]", Ramsey
County, Minnesota.
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742 Capitol Heights
September 2, 2005
Pa�e 2
Neighborhood Housin� & Property Improvement has declared this buildin�(s) to constitute a
"nuisance" as defined by Legislative Code, Chapter 4�. Nei�hborhood Housin� & Property
Improvement has issued an order to the then known responsible parties to eliminate this nuisance
condition by correcting the deficiencies or by razin� and removina this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the bli�htin� influence of this property. It is the
recommendation of the Neighborhood Housing & Property Improvement that the City Council
pass a resolution orderin� the responsible par[ies 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 taxes.
Sincerely,
1>
. . �� ,
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing & Property Improvement
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cc: Frank Berg, Building Inspection and Design
Judy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
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LEGISLATTVE HEARING AGENDA FOR SEPTEMBER 20, 2005 Page 14
Ms. Moermond stated there were code violations that the inspector identified. Because they were
significant enough, he made them a Category II. Before someone can live there, these issues have
to be addressed and a full inspecrion has to happen.
Mr. Hegrenes aked why Section 8 allows people to live in that home. Ms. Moermond responded
that Section 8 does not have the same codes. It is a federal program and the City is different.
Mr. Hegrenes asked the City's definition of "unoccupied." Mr. Magner responded there is no one
living in the properCy nor is anyone receiving mail there. The definition of "unoccupied" is in the
legislative code.
Mr. Hegrenes stated he has not received any informarion about the other violations; they ha�e
been kept secret. Mr. Magner responded he didn't keep anything secret, and Mr. SenTy explained
there were outstanding violations on the building.
Mr. Hegrenes stated that Mr. Senty noted in his letter that James Seeger (LIEP) identified work
requiring a building permit was done, but no permit was on file in his office. No work was done
that needed a permit. It was a11 cosmetic. Mr. Magner responded that is his understanding that
replacing a door is a pernut required item.
Mr. Hegrenes stated these orders are nitpicky. His house looks better than other homes in the
area, and he doubts others are getting harassed. He has woodpecker holes in his garage and he got
a notice that he needed to fix them. They talked about trash in the yazd, but it was the trash that
was there to be picked up. The trash company came and took it.
Ms. Moermond denied the appeal on the Vacant Building Registration Notice dated 7-5-05.
`�/ Resolution ordering the owner to remove or repair the building(s) at 742 Capitol Heiehts. If
� the owner fails to comply with the order, Neighborhood Housing and Property
�, Improvement is ordered to remove the building(s).
Curtis Favors, 756 Fuller Avenue, Favors Homes, contractar for the owner.
Steve Magner reported the building has been vacant since 10-7-04. There have been three
Suinmary Abatement Notices issued to remove garbage, remove tall grass and weeds, and remove
snow and ice from the sidewalk. On 7-1-05, 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 posted on 8-4-05 with a compliance date of 9-1-05.
As of this date, the property remains in a condition which comprises a nuisance as defined by the
legislative code. The 2004 and 2005 Vacant Building Registration Fees have not been paid.
TaYation has placed an estimated mazket value of $47,000 on the land and $66,500 on the
building. A Code Compliance Inspection has not been completed nor has a$2,000 bond posted.
Real Estate taz�es for 2005 are delinquent of $974. Code Enforcement Offices estimate the cost to
repair is $80,000 to $100,000. The estimated cost to demolish is $8,000 to $10,000. There aze
concerns from the neighbors that something should be done with this properiy. It is in need of
complete rehabilitation.
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LEGISLATIVE HEARING AGENDA FOR SEPTEMBER 20, 2005 Page 15
Ms. Moermond stated she is seeing all the earmazks of a situation where things aze out of control.
The Vacant Building Registration has not been filled out; tases have not been paid.
Mr. Favors stated Lisa Kirkwood owns about 14 properties in the azea. A lot of the notifications
send out by the City were not received by her. Ms. Moermond responded she hasn't filled out the
Vacant Building form for two years. There is a legal requirement incumbent on her to notify the
City. It has been vacant for a long time and she has not told the Ciry where to locate her.
Mr. Favors said Ms. Kirkwood contacted him two weeks ago to look at the properry and to specify
what it wiil take to "bring it up to speed." She wondered if it would be easier to knock the
building down. She has the resources to do these things. Ms. Moerxnond responded that she does
not see any demonstration that Ms. Kirkwood has the resources to address these problems when
she has not done any of the fmancial things incumbent on her to do.
Mr. Favors stated that Ms. Kirkwood was made awaze of this resolution by him. He did stress to
her that he did not laiow how much of an unpression he can make on the City officials who take
these things into consideration. He knows the house is able to be rehabilitated. The previous
people caused mare damage. He told her it would take $55,000 to $65,000 to fix it up. The
upstairs is in good shape. All the damage is downstairs.
Ms. Moermond stated that there should be a Code Compliance Inspection. Mr. Favors responded
that he just applied for one.
Mr. Magner asked for Ms. Kirkwood's phone number. Mr. Favors responded with the number
and said this is a single family home.
Ms. Moermond recommends laying over to the October 18 Legislative Hearing on condition that
the following is done by noon of October 5: 1) Vacant Building Fees are paid, 2) post the $2,000
bond, 3) pay real estate t�es of $974, 4) property is maintained in a code compliant manner. If
these things aze done, she will ask for a two week layover for the results of the Code Compliance
Inspection, a work plan, and a financial plan. She would like to see some addresses of properties
that Mr. Favors has rehabilitated. Mr. Magner added that there is a Sumnlary Abatement Order
outstanding for a couch, debris, glass, open doors, open windows.
Resolution ordering the owner to remove or repair the building(s) at 1897 Feronia Avenue.
If the owner fails to comply with the order, Neighborhood Housing and Property
Improvement is ordered to remove the building(s).
(Note: The owner's representative indicated last week that he will not be able to attend the
hearing today; therefore, this issue will be heazd and then laid over to 9-27-05.)
Steve Magner reported this has been vacant since 10-21-04. The current owner is Mahmood U.
Hassan. There haue been six suminary abatement notices to remove garbage bags, remove snow
and ice from the public sidewalk, remove tall grass and weeds. On 7-20-05, an inspection of the
building was conducted, a list of deficiencies which consfitute a nuisance condition was
developed, and photo�aphs were taken. An Qrder to Abate a Nuisance Building was posted on 8-
3-OS with a compliance date of 9-1-05. As of this date, this property remains in a condition which