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05-949�}���.uD�D - Ic�`S��ooS RESOLUTION PAUL, MINNESOTA Presented By Referred To � Committee: Date 2 3 4 5 6 7 8 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 WF�REAS, Neighborhood Housing & Property Improvement has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame, single family dwelling and the detached, two-stall, wood frame gazage located on property hereinafter referred to as the "Subject Property" and commonly known as 769 Tatum Street. This property is legally described as follows, to wit: L,ots 8 and 9, Block 13, Midway Heights. 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: L03 Holdings LLC, Attn: Jason Nordling, 11436 Mazket Place Drive, Champlin, MN 55316 WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated July 18, 2005; and WHEREAS, this order informed the then lmown 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 5ubject Property by August 17, 2005; and WHEREAS, the enforcement officer has posted a placard 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 putpose of the public hearings; and WHEREAS, a hearing was held before the Izgisiative Hearing Officer of the Saint Paul City Council on Tuesday, September 20, 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 Propefty safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitating this structure in accardance with all appiicable 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 be �ith:-, F:F�ve„ /1 G\ A fto� r1.o A..te ,.F r4.e !`�e:l v . and �y VQ✓1L.lQr� �9�oZ���p a � AA-ADA-EEO Employer Council File # �� l Green Sheet # 3oa� �� I 05'`t`t°l 2 4 5 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 WFIEREAS, a hearing was held before the Saint Pau] City Council on Wednesday, Octobez 5, 2005 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE TT RFSOLVED, 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 769 Tatum Street: 1. 2. 4. 5. 6. 7. 8. That the Subject Property comprises a nuisance condition as defined in Saint Paul L,egslative 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 conect 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 Housing & Property Improvement, VacanbNuisance 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. • •7� ' The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties sha11 make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecUng 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 ' by �la.,u�� t , aao� 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 I.egislative Code. AA-ADA-EEO Employer i 2 3 4 5 6 7 8 �"�'�`� 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 Legislative Code. Requested by Department of: Yeas Navs Benanav � Montaomerv ✓ Bostrom � ThL Has Lar Hel AdoF Ado� By: Apps By: Absent Nei hborh od Housin Pro ert Im rovement Bv: \� �� AA-ADA-EEO Employer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � . hf,- Au4 DepartrnenUofflceJcouncil: Date Initiated: v v •�, NH -N����Ho»�� o2-�EP-� Green Sheet NO: 3027891 Contact Person & Phone: ����t Sent To Person InitiaVDate Mdy Dawkins � 0 rh o r 26E'1927 qssign 1 rhood Ho " arLnwnt Director ''^'� Must Be on Council Agenda by (Date): Number 2 'tv Attoruev ��� �� 05-OCT-05 For a Routing 3 or's Office Ma or/Astiqant Order 4 a�� 5 ' Clerk ' Clerk Total # of Signature Pages _(Clip NI Locations for SignaWre) Action Requestetl: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 769 Tatum Street. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must MsN[er the Following Questions: Planning Commission 7. Has this person/firm ever worked under a contraci for this departmeni? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any - current city employee? Yes No Explain all yes answers on separate sheei and attach 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 769 Tatum Street by August 17, 2005, and have failed to comply with those orders. Aavantages �f Auuroved: The Cify will eliminate a nuisance. DisativanWges 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 Noi Approvetl: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. I ToWI Amount of Trensaction: � Z000 Cost/Revenue Budgeted: y q FundingSource: NUisHnCe Housing ActivityNumbet: 30251 - j `� �Q�`� Financial Information: Abatem2nt ���"� „c� I (Explain) � �BS�fC�'S �P,PI QP , SEP 14 2005 NEIGHBORHOOD HOUS�G & PROPERTY L�SPROVEMEhZ Artdy Dawkiu, Program Man¢ge� /�{� � Q�(� VJ � \ CITY OF SAINT PAUL Nuisanre Buifding Code Enforcemrnt Randy C. Keffy, Mayat 1600 A'orth White BearAvenue Tel: 6�1-266-1900 SaintPaul.:YLV J.i706 F¢c651-266d926 September 2, 2005 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Neighborhood Housing & Property Improvement , Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 769 Tatum Street The City Council 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 L03 Holdings LLC Attn: Jason Nordling 11436 Market Place Drive Champlin, MN 55316 Interest Fee Owner The legal description of this property is: Lots 8 and 9, Block 13, Midway Heights. Neighborhood Housing & Property Improvement has declazed this buildin�(s) to constitute a "nuisance" as defined by L.egislative Code, Chapter 45. Neighborhood Housing & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this buiiding(s). M1-ADA-EEO Employer � 05 769 Tatum Street September 2, 2005 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 blightina influence of this property. It is the recommendation of the Nei�hborhood Housin� & 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 incuned against the real estate as a special assessment to be coilected in the same manner as taxes. Sincerely, �> , , � � . Steve Mao er Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:mi cc: Frank Berg, Building Inspection and Design Judy Hanson, City Attomeys Office MaryErickson, Assistant Secretary to the Council L.aurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO Employer ::��: «'u�z� ;;�`�- \ �e� 5S c> � �P`�i LEGISLATIVE HEARING AGENDA FOR SEPTEMBER 20, 2005 Page 19 people will have to walk around it. Ms. Moermond responded that is Public Works' call. She has seen them handle this situation by calling for a tunnel and scaffolding put up. Mr. Johnson responded for constructing part for the foundation, they will have to come from Anmdel and drive down into the site to work. There will not be an ability to ha�e a tunnel, but University would be able to have a tunnel. Ms. Moermond stated she is concerned about the right of way being stabilized. She is not hearing from staff that this building will fall down, but someone could get a head injury. If she could get this building stabilized, she will give him the time that he needs. She asked if there insurance. Mr. Johnson responded there would l�ve to be liability insurance there. Ms. Moermond asked who owns the building. Mr. Johnson responded Quin Yung Corparation. Mr. Magner stated that his o�ce does not have proof that this project is going ahead. If there is proof that the contractor has offered to obtain the financing for this project, then he would have no doubts that they would demolish the building. They also should submit information on the liability insurance. Mr. Johnson responded the City will get a certificate for his insurance. Mr. Magner stated a large tas amount has not been paid, so people may wonder if they are paying for insurance. Mr. Johnson responded he can get that information to Mr. Magner. Ms. Moermond stated she will recommend that the City Council grant 30 days to remove or repair the building. If they get the sidewalk fenced or appropriate tzuuiel put in, he will be in the office and applying for that by the end of business tomonow. Also, he will have notified Mr. Magner's office of the insurance that exists on this properry to handle potential claims that could arise. If these things are not done by the end of business tomorrow, she will recommend that the City Couincil amend fhe resolution to five days to remove or repair. Ms. Moermond recommends granting the owner 30 days to remove or repair the building on the following conditions: 1) owner applies for a sidewalk fence by September 21; 2) owner notifies the City of the insurance informafion for the properiy. If these things are not done, Ms. Moermond will recommend that the City Council amend the resolution to remove or repair within five days. � Resolution ordering the owner to remove or repair the building(s) at 769 Tatum Street. If the owner fails to comply with the order, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Steve Magner reported that this is a two story wood frame single fasnily dwelling and has been vacant since 9-15-04. The current owner is L03 Holdings. There haue been ten smiunary abatement notices to remove debris, animal waste, tall grass and weeds, scrap metal, etc. On 6-2- O5, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condifion was developed, and photographs were taken. An order to abate a nuisance building was posted on 7-19-OS with a compliance date of 8-17-05. As of this date, ttris property remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building registration fees have been paid. Taxation has placed an estunate mazket value of $53,500 on the D� ��y LEGISLA"ITVE HEARING AGENDA FOR SEPTEMBER 20, 2005 Page 20 land and $152,400 on the building. A Code Compliance inspection was completed on 12-30-05. On 7-19-05, a$2,000 bond was posted. Real estate tases for 2005 aze due in the amount of $1,774. NHPI inspectors haue had a conversation with Jason Nordlund, the prunary holder, who indicates that he cancelled the contract to Jerry Brewski by force. Subsequentiy, he wants to rehabilitate the property. There aze a lot of concems by the neighborhood because of actions by Mr. Brewski and family. They have had to go out and remind him that the property has to be secure and the yazd clean. Ms. Moermond asked if the ten sunmiary abatement notices would result in work orders. Mr. Magner responded alxnost a11 of them resulted in work orders. The main problem is Mr. Brewski was forced out of the property in September 2004. He continued to operate in the garage and this was not rectified. He had a contract for deed that was not cancelled. Mr. Nordlund indicated that he was concerned for himself and the safety of his workers because Mr. Brewski would bring his dogs down and let them go. Mr. Magner's recommendation was to call the police and cancel the contract. Although Mr. Brewski vacated the occupancy, he did not vacate the tenancy. Jason Nordlund stated he agrees with everything Mr. Magner said, except that Mr. Nordlund did not have a contract for deed with Mr. Brewski. He had a lease. The property was in foreclosure and Mr. Nordlund helped him out by purchasing the properiy. Mr. Brewski's intenfion was to buy it back, and Mr. Nordlund had confidence this was going to happen. Then, Mr. Nordlund thought Mr. Brewski would let go of his interest of the properiy, although he wouid continue to be in the property. There were six dumpster loads. Every night, Mr. Brewski would dig out of the dumpster what he wanted. They have pulled electrical and plumbing pernuts. They aze not in a position to move forwazd on this. Mr. Nordlund stated he is workng towards fixing up the property. Ms. Moermond responded that he has a Code Compliance Inspection, to which Mr. Nordlund added that the windows have been ordered and the City should start to see progress. Ms. Moermond stated he posted a bond on 9-19-05, which gives him until 1-19-06 to rehabilitate the property. Mr. Nordlund responded that is not a problem. Legislative Hearing Officer recommends granting the owner until January 19, 2006, to complete the rehabilitation of the property on condition that the following is done by noon of October 5: 1) real estate t�es paid, 2) a work plan submitted indicating how all the items on the Code Compliance Inspection Report will be completed, 3) a financial plan submitted indicating the wherewithal to complete the work plan. The hearing was adjourned at 138 p.m. 0