05-1133/ /h!/J/l�/�f2 �j�� /v
Council File #
Green Sheet #
Presented By
Referred To
Committee: Date
1 WHEREAS, Neighborhood Housing & Property Improvement has requested the City
2 Council to hold public hearings to consider the advisability and necessity of ordering the exterior
3 painting of a single family dwelling and/or garage located on property hereinafter referred to as
4 the "Subject Property" and commonly known as 994 Fourth Street East . This property is
5 legally described as follows, to wit:
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Lots 1 and 2, Block 4, Skidmore's Addition.
9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and
10 information obtained by Neighborhood Housing & Property Improvement on ar before
11 February 13, 2005, the following are the now known interested or responsible parties for the
12 Subject Property: Jody L. Severson, 994 Fourth Street East, St. Paul, MN 55106-5209; Centex
13 Home Equity Company, LLC., 2828 North Harwood, Dallas, TX 75201-1516
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WHEREAS, Neigl�borhood 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 February 8, 2005; and
WHEREAS, this order informed the then known interested ar 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 paint the
structure located on the Subject Property by September 2, 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 abatement; and
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
OS- 1�33
3028556
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OS- 1133
1 WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing
2 & Property Improvement requested that the City Clerk schedule public hearings before the
3 Legislative Hearing Officer of the City Council and the Saint Paul City Council; and
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5 WHEREAS, the interested and responsible parties have been served notice in accordance
6 with the provisions of Chapter 45 of the Saint Paul Legislarive Code, of the time, date, place and
7 purpose of the public hearings; and
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WIIEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul
City Council on Tuesday, November 15, 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 paint the Subject Property and remove its blighting influence
on the community in accordance with all applicable codes and ordinances. The painting of the
structure to be completed by April 15, 2006; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, December 7,
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 concerning the Subject Property at 994 Fourth Street East:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
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That the costs painting the exterior of this building (s) is estimated to exceed five
thousand dollus ($5,000.00).
That there now exists and has existed multiple orders to paint the Subject
Property.
That an Order to Abate Nuisance Building(s) was sent to the then known
responsible parties to correct the deficiencies.
That the deficiencies causing this nuisance condition have not been corrected.
6. That Neighborhood Housing & Property Improvement has posted a placard on the
Subject Property which declares it to be a nuisance condition subject to
abatement.
7. That this building has been routinely monitored by Neighborhood Housing &
Property Improvement.
AA-ADA-EEO Employer
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8. 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.
ORDER
The Saint Paul City Council hereby makes the following order:
1. The above referenced interested or responsible parties shall paint the exterior of the
Subject Property and remove its blighting influence on the community by correcting all
deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in
accordance with all applicable codes and ordinances. The painting of the structure must
be completed by April 15, 2006.
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 are
necessary to contract for the painting of this structure, and chazge the costs incurred
against the Subj ect Property pursuant to the provisions of Chapter 45 of the Saint Paul
I,egislative Code.
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.
Benanav
Boslrom
Hams
Helgen
Thune
Absent
Adopted by Council: Date
Adoprion Certified by Council Secreta.ry
By:
Approved by Mayor: Date
By:
Requested by Department of:
Nei hbox � d ousin Pro ert Im rovement
��l �� `�/
By v �
o5-tr33
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenUoffice/council: Date Initiated:
NH NeighbofioodHousing/Property z,-0�T-oS Green Sheet NO: 3028556
ConWCt Person & Phone: Deoartment Seni To Person InitiallDate
Mdy Dawkin5 � 0 `ei h rhood Aousi ro er
26Cr1927 puj9n 1 'ei hborhoodHousin ro er De artmentDirector ���
Must Be on Council qqenda by (Date): Number Z i tcornev
07-DEG05 For �
ROUting 3 vor's O�ce MavodASSistant
Order 4 ouncil
5 i C�erk Citv qerk
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
City Council to pass this resolurion wluch will order the owner(s) to paint ffie exterior of the referenced building(s). If the owner fails
to comply with the resolution, the Neighborhood Housing & Property Improvement is ordexed to contract for painting the building
exterior. The subject property is located at 994 Fourth Street East (Paint Abatement).
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: �
Planning Commission 1. Has this personffrm ever worked under a cont2ct for this department? �
CIB Committee Yes No
Civil Service Commission 2. Has this person/frm ever been a city employee?
Yes No
3. Does this personRirm possess a ski11 not norma{ry possessed by any
current city employee?
Yes No
. Explain all yes answers on separate 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 Sec. 45.03 (3) of the Saint Paul Legislative Code. The owners, interested parties
and responsible parties known to the Enforcement Officer were given an order to pairn the building exterior at 994 Fourth Street East by
September 2, 2005 , and have failed to comply with ttus orders. ��� ����
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AdvantageslfApproved: �CT ,3 � 2
The City will elixninate a nuisance. � R �
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Disadvantages If Approved:
The City will spend funds to paint this building(s) exterior. These costs will be assessed to the property, collected as a special
assessment against the proper[y taxes.
Disadvanqges If Not Approved: �
A nuisance condition will remain unabated in the City. Tlus building(s) wrll continue to blight the community.
Total Amount of
Transaction: �500 � CosURevenue Budgeted: Y
Punaing source: paint Abatement Fund Activ;ty Number: �,,,
. ��;.qg^ ,�?;aasC`E G""?: �,
Financial I nformati on:
' (Explain)
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05• 1i33
cITY oF sar�,TT Paul.
Ranctv C. Kellr, ,Llaror
October 21, 200�
\EIGHBORHOOD HOCSI�G A\D
PROPERTY IY1PROb'E�(E\
Andv Dau�kins. Directnr
l600 GG7iite Baar,�re ��
Saint Pa�d. .LI.�".ii (06
��"uisance Bieilding E�fa'can,rn:
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Te1 (651� ?66-190�
Far (65I�?66-l9?6
Nei�hborhood Housin� & Property Improvement, Vacant/�luisance Buildin�s Enforcement
Division has requested the City Council schedule public hearin�s to consider a resolution
ordering the painting of the exterior of the nuisance building(s) located at:
994 Fourth Street East (PAINT ABATEMENT)
The City Council has scheduled the date of these hearin�s as follor,vs:
Legislative Hearing — Tuesday, November 15, 2005
City Couneij Hearing — Wednesday, December 7, 2005
The owners and responsible parties of record aze:
Name and Last Known Address
Centex Home Equity Company, LLC
2828 North Hanvood
Dailas, TX 75201-1516
Jody L. Severson
994 Fourth Street East
St. Paul, N1N 55106-5209
The legal description of this property is:
Lots 1 and 2, BIoc1:4, Sl:idmore's Addition.
Interest
Mortga�e Hoider
Fee Owner
Iv'ei�hborhood Housin� & Property Improvement has declared this building(s) to constitute a
"nuisance" as defined by Legislative Code, Chapter 45. Iv Housing & Property
Improvement has issued an order to the then known responsible parties to eliminate this nuisance
condition by painting the exterior of this building(s).
AA-ADA-EEO Employer �- •
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99� Fourth Strzet East
October 21, 2005
Pa�e 2
Inasmuch as this Order to Abate has not bezn complied with the nuisance condition remains
unabated, the community continues to suffer the bli�htin� influence of this property�. It is thz
recommendation of the \zishborhood Housin� R; Property Impro��ement that the City Councii
pass a resolution orderin� the responsible parties to either paint this buitdin� in a timely mann�-.
and failing that, authorize the Nei�hborhood Housing & Property Impro��ement to proceed to
contract for thz paintin� work, and to assess the costs incurred a�ainst thz real estate as a specis'.
assessment to be collected in the same manner as taxes.
Sincerely,
G�� � ���
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Andy Dawkins
Pro�am Manager
Nei�hborhood Housin� & Property Improvement
.���
ec: Frank Berg, Buildin� Inspection and Design
7udy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housin� Division
`�.
\ -�e�Z�
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LEGISLATIVE HEARING MINIJTES OF APRIL 4, 2006 PAGE 13
going to keep doing what they need to do. The electrical wiring is done. The hood fan is done in
#7. The cleaning is done in #14. Almost everything in #8 is done. In Unit 9, the cleanup will be
done by the end of the week. She would like a couple of months. Then, she will know what is
going on with the building and who is taking care of it.
Ms. Moermond stated this appeal was heazd on the fast track because there aze children involved.
Ms. Zahirazazni responded there is a five yeaz old in #12, the cazetaker in #7 has a 2 or 3 year
old, and Number 12 has no where else to go.
Ms. Moermond stated she is hesitant to change the scope of the condemnation. Some of the
problems affect all the units. Smoke detectors cross units in terms of importance. She would
like the owner to keep making repairs. The vacate order is stayed. Ms. Moermond would like
the life safety things tackled by April 25. The inspector could not make this heazing, but gave a
report on the phone. The inspector is comfortable granting more time. Ms. Zahir�zauii
responded the inspector is coming tomorrow.
Ms. Moermond recommends laying over to the Apri125 Legislative Hearing. She would like
another inspection on about April 21 or 24.
Resolution ordering the owner to paint the exterior of the building(s) at 994 Fourth Street
East. (Laid over from City Council on 3-15-06)
Ms. Moermond recommends withdrawal of the resolution.
The hearing was adjourned at 12:15 p.m.
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LEGISLATIVE HEARING MINL7TES OF NOVEMBER 15, 2005 Page 3
different than City codes. The owner has to be compliant with both. The City Council Public
Hearing on this matter will be on December 7 at 530 p.m. Ms. Simmons added that she would
like something in writing on this recommendation. (A letter was sent to Ms. Simmons.)
Resolution ordering the owner to paint the exterior of the nuisance building(s) at 994 Fourth
.,�/ Street East. If the owner fails to comply with the resolufion, Neighborhood Housing and
��� Property Improvement is ordered to proceed to contract for the painting work.
(Owner did not appear.)
Andy Dawkins explained that this is a single family, single story home. It looks occupied. The
properiy records indicate it is homesteaded. The City has attempted to accompiish having it
painted. It is a blighting influence in the neighborhood. They first issued orders to paint the
exterior in 2003. The State Legislature passed the law in 2004 to allow the City to go through the
substantial abatement process for properties that need painting. They did a substantial abatement
order February 8, 2005, and gaue a deadline of September 2. It is still not painted. Mr. Dawkins
has photos. He is asking the Council to go through the abatement process. After December 7, if
the Council recotnmends they go forwazd, the owner will get another deadline to April 15. After
that, the City can coniract for someone to do that work and assess it to the owner's property ta��es.
Parties haue been notified, the house has been placazded, and this has been in the newspaper. The
law the Legislature passed sunsets on July 1, 2006. The City Attorney advises that as long as the
contractor completes the work by July 1, even though the assessment process goes after that, it
will still be a valid assessment.
Ms. Moermond asked has NHPI issued a criminal citation. Mr. Dawkins responded he is not
awaze of any being filed.
Ms. Moermond asked is he suggesting this be painted over the winter. Mr. Dawkins responded
the order gives the owner until Apri12006, and they have had since 2002 to get the job done. The
City needs to get out there by April 15 in order to get the contractor hired to get the job done
befare the deadline and sunset of the law.
Ms. Moermond suggested that that this matter be laid over to Mazch 28 Legislative Hearing. She
just spoke to the Council President and they need to have a policy discussion on this. That should
give plenty of time to get it painted if ttiat is the way the City chooses to go. Mr. Dawkins
responded this deadline works for him. The properiy owner should be notified of their actions
today. This is a no show right now, said Ms. Moermond, and they have chosen not to come, but a
letter will be sent.
(Photographs were submitted.)
Mr. Dawkins stated there is another half dozen of these problems. He asked if they shouid
schedule those right away. Ms. Moermond responded they could schedule them for Mazch 28 or
they can go until April.
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LEGISLA'IIVE HEARING MINtJTES OF NOVEMBER 15, 2005 Page 4
Mr. Dawkins stated he will schedule the remainder foz the Mazch 28 I,egislative Hearing. Ms.
Moermond responded that they should go for April 11 for a L,egislative Hearing because she does
want to act before the City Council makes their policy direction lrnown. Mr. Dawkins responded
that April 15 allows a week or two of good weather and allows enough time for his office to get
booked for a contractor. Otherwise, they may not be able to get someone to do it. If the work is
not completed by July 1, the City is out the $7,000 to $8,000 it takes.
With that in mind, Ms. Moermond recommends laying over to the Legislative Hearing for March
7 and City Council Public Hearing on Mazch 15. The other addresses can be scheduled for
Legislative Hearing on Mazch 28.
Resolution ordering the owner to remove or repair the building(s) at 724 Seventh Street
East. If the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building(s).
Lazry Zielke, attorney, appeared and stated
Steve Magner gave the following report: this has been a vacant building since 1-24-05. The
owners are listed as James E. Mooney and Robert O. Quast, power of attorney. There have been
six Suuunary Abatement Notices issued to remove tall grass, rubbish, and snow and ice. On 8-24-
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 9-16-OS with a compliance date of 10-17-05. As of this date, this properry remains
in a condition which comprises a nuisance as defined by the legislative code. The Vacant
Building Registration fees are not paid as of 11-15-05. Taxation has placed an estimated market
value of $41,800 on the land and $120,400 on the building. As of 11-15-05, a Code Compliance
Inspection has not been completed, nor a$Z,000 performance bond posted. Real estate taxes for
2004 are delinquent of $1,602.66. Code Enforcement Officers estimate the cost to repair this
structure is $80,000 to $90,000; however, Mr. Magner feels the appraisal is not accurate because
the value of the home is not neaz that cost. The estimated cost to demolish is $8,000 to $9,000.
They are seeking a resolution to repair or remove the building in 15 days.
Mr. Magner continued: Individuals from the mortgage company have contacted NHPI over the
past year to say they are in process or attempting to foreclose on it. Some individuals say they are
representing Mr. Mooney. The one individual, not the owner, appears to have a business of
scrapping. This person says he grew up in the house and is hying to save the house for Mr.
Mooney. The mortgage company at one time was going to redeem and raise the structure; now
they want to save the steucture for resale. The house would need a high level of rehabilitation.
In answer to several questions, Mr. Magner responded they have not spoken to either Mr. Mooney
or Mr. Quast. It appeazs Mr. Quast is a family member.
Mr. Zielke stated his firm was foreclosure counsel for the lender. There was a foreclosure sale
held on 5-6-05. The redemption expired on 11-6-05. At this point, Mr. Mooney is no longer the
owner of the property; Ameriquest is now the owner of record. He has talked to Wendy Lee, Rea1
Estate agent assigned to this properry, and she has confirmed that this is an unusual case where