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05-950/�/n�r�o� �r'���c ��,, �Oo� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council Fi1e Green 5heet Committee: Date 5� 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, brick building located on property hereinafter refeired to as the "Subject Property" 4 and commonly known as 441 University Avenue West. This property is legally described as foliows, to 5 wit: L.ot 15, Block 15, Smith's Subdivision of Stinson's Divison of the N.W. 1/4 of Section 36, Township 29, Range 23, EXCEPT the South 20 feet thereof. 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 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvement on or before January 10, 2005, the following are the now known interested or responsible parties for the Subject Property: Quinhon INC., 1443 Randolph Ave., St. Paul, MN 55105-1936; Bruce L. Stopher, Sr., 8248 E. Diamond Lane, Rogersville, MO 65742-7454; Hoang Pham, 1443 Randolph Ave., St. Paul, MN 55105 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 June 2, 2005; and WIIEREAS, 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 June 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 I.egislative Hearing Officer of the City Council and the 5aint 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 Lzgislative Code, of the time, date, place and purpose of the public hearings; and # c�s- a� # 30�� 8� AA-ADA-EEO Employer r�'s �.sd 1 WHEREAS, a hearing was held before the Legislative Heazing Officer of the Saint Paul Ciry Council 2 on Tuesday, September 20, 2005 to hear testimony and evidence, and after receivmg testimony and 3 evidence, made the recommendation to approve the request to order the mterested or responsffile parties to 4 make the Subject Property safe and not detrunental to the public peace, health, safety and welfare and 5 remove its blightmg mfluence on the community by 6 ,_� demolishing and removing the structure in 7 accordance with all applicable codes and ordinances. The rehabi&tatian�r demolition of the structure to be 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 43 44 45 46 47 48 49 50 51 completed within frfteen-(�) twentv (201 days after the date ofthe Council Hearing; and WHEREAS, a heazing was held before the Saint Paul City Councfl on Wednesday, October 5, 2005 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Councd; 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 concerning the Subject Property at 441 University Avenue West: 1. 2. 3. 4. 5. 6. �� 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 dollazs ($3,000.00). That there now exists and has e�sted multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(sj 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 Improvementhas posted a placazd 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 Improvemen� Vacant/Nuisance Buildings. That the known interested parties and owners aze as previously stated in this resolution and tt�at the notification requirements of Chapter 45 have been fulfilled. •'� ' The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall 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 ,_� demolishing and removing the structure in accordance with all applicable codes and ordinances. The - ' -- ' - `rorravaii�iian-or demolition and removal ofthe structure must be completed within �5j twentv (20) days after the date of the Council Hearing. �S-9�'S� 1 2. If the above corrective action is not completed within this period of time Neighborhood Housing & 2 Property Improvement is hereby authorized to take whatever steps aze necessary to demolish and 3 remove this structure, fill the site and chazge the costs incurred against the Subject Property 4 pursuant to the provisions of Chapter 45 of the Saint Paul L.egislative Code. 0 8 9 10 11 12 13 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. Yeas Navs Absent Benanav � Mont4omerv � Bostrom J Thune � Harris ` Lantrv � Helaen ✓ /o df / Adopted by Council: Date _� 07 � Adoption Certified by Council Secretary By: Appr By: Requested by Department of: Nei hborhoo Housin Pro ert Im rovement sv : /�/ (.�`�7� � � � By: b� Mayor �or �L�2fit,[i�i i Attorney AA-ADA-EEO Employer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � r�-a � DepartrnenUoffice/council: Datelnitiated: �+ NH N�;��,�H��� 02SEP-05 Green Sheet NO: 3027894 Contact Person & Phone: � �pa��t Sent To Person InitiaUDate Andy Dawkins � 0 rh H 2661927 p5gign 1 rhood Ho - armient Director �" Q i Must Be on Couneil /yqentla by (Date): Num6er 2 • Attorne 05-0CT-0.5 pa� Routing 3 or's Office Ma odASSistant Order < o�� 5 ' Clak i Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: City Council to pass this resoluflon wluch 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 441 University Avenue West Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following �uestions: Planning Commission 1. Has ihis person/firm ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission , 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any . wrreM city employee? Yes No Explain all yes answers on separete sheet 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 Legislafive Code. The owners, interested parties and responsible puties ]mown to the Enforcement Officer were given an order to repair or remove the building at 441 University Avenue West by June 17, 2005, and have failed to comply with those orders. Ativantages If Approved: The City will eliminate a nuisance. Disddvdntages If Approved: The City wiil 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. 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: 65000 CosURevenue Butlgeted: y Funding Source: Nuisance Housing Activity Number: 30251 �E� 1 3 2��5 Financiallnformation: Abatement (F�cplain) Re�sarc� C�Mer �{�°1f ATTOF�NEY SEP 14 2005 NEIGHBORHOOD HOUSLYG & PROPERTY ,MPROVEMENT Andy Dawkirzr, Progr¢m �Nanager � t,i 1 1 �F' J�r PA�. Nuisanre Building Code Enforcement Raxdy C. Kelly, Mayor 1600 Nortl� Wkite BearAvenue Te[: 651-266-1900 Saint Pauf, M�V 55/06 F¢c: 65I-266-19?6 September 2, 200� NOTICE OF PUBLIC HEARIi�TGS Council President and Members of the City Council Neighborhood Housing & Property Improvement , Vacant/Nuisance Buildin�s Enforcement Division has requested the City Council schedule public hearings [o consider a resolution ordering the repair or removal of the nuisance buildina(s) located at: 441 University Avenue West 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 aze: Name and Last Known Address Quinhon INC. 1443 Randolph Ave. St. Paul, MN 55105-1936 Bruce L. Stopher, Sr. 8248 E. Diamond Lane Rogersville, MO 65742-7454 Hoang Pham 1443 Randolph Ave. St. Paul, NIlV 55105 The legal description of this property is: Interest Fee Owner Mortgage Holder Fee Owner L.ot 15, Block 15, Smith's Subdivision of Stinson's Divison of the N.W. 1/4 of Section 36. Township 29, Range 23, EXCEPT the South 20 feet thereof. `M'..�Yd� P�4�.�`-°,�?rni. �'.9Y94�! ........ .:.. ..' . 1�.' AA-ADA-EEO Employer �[ `:.'n`w-. ,'� ? "s , �;� �?=�;;� , �7j'�`JC� 441 University Avenue West September 2, 200� Page 2 Neighborhood Housing & Property Improvement has declared this building(s) to constitute a "nuisance" as defined by Le�islative Code, Chapter 45. Neighborhood Housin� & Property Imgrovement 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 blighting influence of this properEy. It is the recommendation of the Neighborhood 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 & P.roperty Improvement to proceed to demolition and removai, 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, �e , . � ii � Steve Magner Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:mI cc: Frank Ber;, Buiiding Inspection and Design Judy Hanson, City Attorneys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO Employer ';a"`�','� `�-�e,� �l� Cx LEGISLATIVE HEARING AGENDA FOR SEPTEMBER 20, 2005 Page 17 and have started working on the property. There was an issue with the bond. The bond was there or supposed to be put in and it was not. Mr. Williams responded it got worked out the same day. Ms. Moermond stated it sounds like the owner knows what he is doing, which she likes to see. She would like a statement of what he plans to do in the rehab. Mr. Williams responded he would like to make a copy of the Code Compliance Report and add dates indicating when the items aze completed or will be done. Ms. Moermond asked if he had the financial wherewithal to do the work. Mr. Williams responded that he takes out loans for every property Ms. Moermond asked how much time he needs. Mr. Williams responded "120 days." Ms. Moermond recommends granting the owner 120 days on condition that a work plan is submitted by noon of October 5, 2005. Mr. Magner stated the work plan needs to include a completion date next to each item on the Code Compliance 7nspection Report. � Resolution ordering the owner to remove or repair the building(s) at 441 Universitv Avenue West. If the owner fails to comply with the order, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Steve Johnson, representative for the owner, BSI Construction, appeared and stated they are looking at putting up a new building at this location. It will be a pre cast structure. It will be in December when the panels arrive and they start the construction. They are looking at a mid October construction for the start up for the foundation and drain tile system. He is just acting on the notice on behalf of the owner. Steve Magner reported this is a two story brick building and has been vacant since 12-6-04. The current owner is Hoang Pham. The owner originally discuss he was going to obtain a demolirion permit and it was going to be demolished in the spring 2005. There were two sununary abatement notices to remove a large piece of tin from the roof and loose brick from the building. On 5-16- 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 6-2-OS with a compliance date of 6-17-05. 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 haue not been paid as of today. Taxation has placed an estimated market value of $54,800 on the land and $209,200 on the building. A$2,000 bond has not been posted. Rea1 Estate taxes are delinquent in the amount of $4,494. Code Enforcement offices estimate the repair to be $200,000 to $250,000. The estimated cost to demolish is $45,000 to $65,000. Mr. Magner stated that the building is a nuisance and has a dilapidated structure. There are a lot of concerns and complaints from the neighborhood and other factions of the City. Mr. Magner has spoken to Mr. Johnson and been appraised that this demolition would occur and permits would be taken out. Originally, he said it was not a problem. NIIPI held out on this hearing process for that, but it hasn't happened. NHPI is seeking a resolution to get a commitment out of the owner to physically remove this structure. A union masoner looked at this and he is concerned that more of �J�- y�-� LEGISLATIVE HEARING AGENDA FOR SEPT'EMBER 20, 2005 Page 18 the facade will rain down on the sidewalk. Ms. Moermond asked if they have run cost differences. Mr. Johnson responded they have. There is that gray period where covsmiction can't start unril the closing has been completed with the bank. They aze waiting on the appraiser. Ms. Moermond stated she is wondering about the cost difference of lmocking it down now or later. Mr. Johnson responded that if he knocked it down now, he couldn't start construction for 120 days until lien rights aze covered. Mr. Magner added that would be if the contractor hired someone to do the demolifion versus the City. The City would use City funds to demolish the building and ultunately assess the ta��es. Mr. Johnson stated that part of the building has to be shared for the excavation. The thought process was to put a fence azound the properiy to secure the site. They wouid pull a perxnit to close the sidewalk for conshuction. The City made improvements to the side of the building for loose bricks. The fence will be coming soon. They have not applied for the permit yet. Mr. Magner responded that Public Works always has a concern about a delay in the process because they do not like shutting down sidewalks on busy corridors. Ms. Moermond asked when the building will come down. Mr. 7ohnson responded that there aze several things to do before they take the building down. They will be having the foundation built. Ms. Moermond stated if the building is going to be lrnocked down, when would it start. Mr. Magner responded if this issue passed Council on October 5, it would be signed about October 10, and then there would be 15 days. It would be about the end of the month when an order would be sent to proceed with the demolition. If they have a demolition pernut a month from now, the site is fenced out, and the contractor is warking, the owner is within the tune period and the City would not take any action. There needs to be a physical commitment in the way of a demolition permit. Mr. Johnson responded a11 those things are in process right now. The middle of October is when they will start the process of knocking it down. Ms. Moermond responded it sounds like the City and he aze on the same page. Ms. Moermond stated it would be helpfizl if the Council granted a 30 day remove or repair. That gives more weeks for the process to move along. Ms. Moermond asked if he wants to remove it himself or have the City remove it. Mr. Johnson responded they would like to remove it themselves: Ms. Moermond stated she is concerned about bricks falling on people when the City is aware there is a problem. (An unidentified person from the audience now spoke.) He is the owner of a nearby business and little rocks are falling on people. Someone could be hurt. Mr. Johnson stated it would be a good idea to put up a fence at this time. (Another unidentified person from the audience now spoke.) A fence would be a problem because �.s ,�� LEGISLATIVE HEARING AGENDA FOR SEPTEMBER 20, 2005 Page 19 people will have to walk azound 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 constnicting part for the foundarion, they will have to come from Aivvdel and drive down into the site to work. There will not be an ability to have 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 have to be liability insurance there. Ms. Moermond asked who owns the building. Mr. Johnson responded Quin Yung Corporation. Mr. Magner stated that his office does not have proof that this project is going ahead. If there is proof that the contractor has offered to obtain the fmancing 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 tunnel put in, he will be in the office and appiying for that by the end of business tomonow. Also, he will have notified Mr. Magner's office of the insurance that exists on this property 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 the resolution to five days to remove or repair. Ms. Moerxnond 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 norifies the City of the insurance information for the property. 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 family dwelling and has been vacant since 9-15-04. The current owner is L03 Holdings. There l�a�e been ten suminary 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 condition 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, this 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 estimate market value of $53,500 on the City of Saint Paul City Council Research Center Room 310 City Hall Saint Paul, MN 55102 651 266-8570 INTER-DEPARTMENTAL MEMORANDUM DATE: TO FROM: October 12, 2005 Councilmember Montgomery Marcia Moermond, Legislative Hearing Officer t�� I(� � u RE: Council Agenda Today — Item for Reconsideration -- 441 University Avenue Last week in the public hearing portion of the Council Agenda, the Council adopted an Order to Remove 441 University Avenue within 5 days — based upon my recommendation. Over the course of the following day, I received information that the property owner had indeed met the conditions specified in the legislative hearing: 1) to get a permit to block the right of way or create a pedeslrian tunnel to protect passers-by from falling bricks; and 2) provide the City with docuxnentation which shows adequate liability insurance. It appeared at the time of the heazing that neither of these had taken place. On further review, it seems that there were mistakes in Council O�ces with the routing of correspondence on the insurance and in Public Works, with a time lag between application for the permits and when this information was posted in their database. I have communicated with Steve Magner on this situation and he will not be proceeding with the demolition until the Council confirms its intent. For these reasons, I am requesting that you make a motion for suspension of rules and reconsideration of Council File # 05-950. I further request that tlus Order be amended to give the owners 20 days to remove the building. Thank you for your consideration of this request. cc: Councilmembers Manuel Cervantes Trudy Moloney �i'.��r�pcv �D - S-o� J' S, S� � WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, September 20, 2005 to hear testimony and evidence, and after receiving testimony d evidence, made the recommendarion to approve the request to order the interested or responsible pa 'es to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and ove its blighting influence on the community by ,_� demolishing and removing the structure in accordanc with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed in frfteen-(�Sj five 5 days after the date of the Council Hearing; and WI-IEREA a hearing was held before the Saint Paul City Council on Wednesday, October 5, 2005 and the testimony an evidence including the action taken by the Legislative Hearing Officer was considered by the Co '1; now therefore B� IT RESOLVED, at based upon the tesrimony and evidence presented at the above referenced public hearings, the Saint Paul ty Council hereby adopts the following Findings and Order conceming the Subject Property at 441 Univ sity Avenue West: 1 2. c � That the Subject Prope comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 5. That the costs of demolition removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has Subject Property. Housing or Building code violations at the That an Order to Abate Nuisance Building(s) to correct the deficiencies or to demolish and sent to the then laiown responsible parties >ve the building(s). 5. That the deficiencies causing this nuisance conditi have not been corrected. 6. That Neighborhood Housing & Property Improvement s posted a placard on the Subject Properiy which declares it to be a nuisance condition sub ct to demolition. 7. That this building has been routinely monitored by Improvement, Vacant/Nuisance Buildings. Housing & Property 8. That the lrnown interested parties and owners are as previously stat 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: 1. The above referenced interested or responsible parties shall make the Subject Property s e and not detrimental to the public peace, health, safety and welfaze and remove its blighting influe e on the community by ' ,_' � demolishing and removing the structure in accordance wi all applicable codes and ordinances. The rehabilitarion or demolition and removal of the structure must be completed within frfteen five 5 days after the date of the Council Hearing. �S-9�'� 1 2. If the above corrective action is not completed within this period of time Neighborhood Housing & 2 Property Improvement is hereby authorized to take whatever steps are necessary to demolish and 3 remove this structure, fiil the site and charge the costs incurred against the Subject Property 4 pursuant to the provisions of Chapter 45 of the Saint Paul I.egislative Code. 5 6 3. 9 10 11 12 13 the event the building is to be demolished and removed by the City of Saint Paul, all personal p erty or fixtures of any kind which interfere with the demolition and removal shall be removed fro the property by the responsible parties by the end of this time period. If all personal properiy is not moved, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose such property as provided by law. 4. It is further o ered, that a copy of this resolution be mailed to the owners and interested parties in accordance with hapter 45 of the Saint Paul Legislative Code. Requested by Department of: Benanav Montqomerv Bostrom Thune Harris Lantrv Helaen �� �_ �_ �_ �_ �- Absent Nei hborhood Housin Pro ert Im rovement �r by Ci�y! Attorney Adopted by Council: Date Adoption Certified by Council Secretary BY � —�Ll��/-/ � �i�S�/�✓ Approved by M� r: Date BY: �� �Dt ��hr � /�i"�dv i'( PlOrs.s.%��tr� or� ��r_ i�� �s By By: AA-ADA-EEO Employer