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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: 6 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 �� 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 4 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. � � 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 os- t�33 C� 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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. ��� ���� � AdvantageslfApproved: �CT ,3 � 2 The City will elixninate a nuisance. � R � � �I 9 b �� W �.Cd"�l�� 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) �QV 0 � 20Q5 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 �- • ;�;,:: - ds-i/33 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�� � ��� , 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� � ���� 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. rrn OS-1f33 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. 05- t � 33 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