06-1140Amended - 12/20/06 Council File# 06 ' b
Green Sheet # 3034440
RESOLUTION
AF SAINT PAUL, MINNESOTA �
Presented by
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 repair
3 or wrecking and removal of a two-story, wood frame, single family dwelling located on property
4 hereinafter refened to as the "Subject Properiy" and commonly lrnown as 960 DUCHESS ST .
5 This property is legally described as follows, to wit:
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Legal Desc: AUDITOR'S SUBDIVISION NO. 7 ST. PALTL, MINN. W 75 FT OF LOT 58 AND
EX S 40 FT W 75 FT OF LOT 57 BLK 2
WHEREAS, based upon the recards in the Ramsey County Recorder's Office and
information obtained by Neighborhood Housing & Property Improvement on or before June 30,
2006, the following are the now known interested or responsible parties for the Subject Property:
Fawaz Wazwaz, 2834 117"' Lane NE, Blaine, MN 55449-5516; Usset & Weingarden, 4�00 Park
Glen Road #12Q Minneapolis, MN 55416; Excel Title LLC, 6900 Wedgwood Road #45Q
Maple Grove, MN 55311; BNC Mortgage, Inc., PO Box 19656, Irvine, CA 92623-9656
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 October 6,2006; and
WHEREA5, 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 November 6,2 006; 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 conected and Neighborhood Housing
& Property Improvement requested that the City Clerk schedule public hearings before the
Legislative 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 Legislative Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul
City Council on Tuesday, December 5, 2006 to hear testimony and evidence, and after
receiv9ng testimony and evidence, made the recommendation to approve the request to order the
interested or responsible parties to 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 in accordance with all applicable codes and ardinances, or in the
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alternative by demolishing and removing the structure in accordance with all applicable codes
and ordinances. The rehabilitarion or demolition of the structure to be completed within fifteen
(15) days after the date of the Council Hearing; and
WI3EREAS, a hearing was held before the Saint Paul City Council on Wednesday,
December 20, 2006 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 960 DUCHESS ST .
1.
2.
That the Subject Property comprises a nuisance condition as defined in Saint Paul
I,egislative Code, Chapter 45.
That the costs of demolition and removal of this building(s) is estimated to exceed
five thousand dollars ($5,000.00).
That there now exists and has existed multiple Housing or Building code
violations at the Subject Property.
4. That an Order to Abate Nuisance Building(s) 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 corrected.
6. That Neighborhood Housing & Property Tmprovement has posted a placard on the
Subject Property which declares it to be a nuisance condition subject to
demolirion.
That this building has been routinely monitored by Neighborhood Housing &
Property Improvement, Vacant/Nuisance Buildings.
8. That the lmown 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:
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
1JI1�I1t1Rg 1Y1flUeIICe 011 ttle COTT1TllURltY by T�'hahil+to*+n�r th:o oM�nf��rA o..l7 r.+.+�P t�r.. .ill
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as
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d fi' 'i, .7 ' ri, h., oc r ..0,7 n_,7e_+,. nt,...dt.v�;.-��n�,;i.7;..a[�}.�
a �
asec�d ith n 1'r hl ,� ,� ,�' _' r�, ,i+o-.��.:.> ?�ydemolishing
and removing the structure in accordance with all applicable codes and ordinances. The
rehabilitation or demolition and removal of the structure must be completed within
fifteen (15) days after the date of the Council Hearing.
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 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
Legslative 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 fiirther ordered, that a copy of this resolution be mailed to the owners and interested
parties in accardance with Chapter 45 of the Saint Paul Legislative Code
Requested by Deparhnent of:
NF���
Adoption Certified by Council Secretary
By v
Approved by �y . Date � Z�7i(,, ln (
By: (,�/��
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Fo ppr ed by City tor i
By: �
Form Appr� ayor o'Sub 'ssio to Council
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Adoptedby Council: Date /��p���
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DepartmenVofice/wuncil: Date Initiated:
NH -N�;����,Ho,����. �-NO�� Green Sheet NO: 3034440
Contad Person & Pfione:
Bob Kessler
266I927
Must Be on Council Agen�
. 20'DEG06'
Doc. Type: PUBI�C HEARING (RESOLUTM
E-DOCUmentRequired: Y
DocumentContact M�cineLinston
ContactPhone: 26E1938
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Assign
Number
For
Routing
Order
CosURevenue Budgeted; y
ToW I# of 5lgn P ages _(C lip NI Locations for S ign a t ur e)
Action Requested:
Ciry Council to pass this resolurion which will order the owner(s) to remove or repair the referenced buiiding(s). If the owner fails to
comply with the resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject properiy
is located at 960 Duchess Street.
idations: Appro�e (A) or Reject (R):
Planning Commission
Cl6 Committee
Citil Serv�ce Commission
0 e 66 rhood ous�n er
I ei h rh d a'n r er De artmen D' r ' q � j�
2 i A orne ���` 4�'
3 a r' e N sis nt
4 u 7 J/ Z/.
5 lerk GS ler
1. Has this person/firtn e�er worked under a contract for [his department?
Yes No
2 Has this peison/fimi e�er been a ciky employee?
Yes No
3. Does this persoNfirm possess a skill not nortnally possessed by any
currsnt ciTy employee?
Yes No
Explain al{ yes answers on separeM sheet and attach W green sheet
InHiating Problem, Issues, Opportunity (Who, What, When, Where, Why�:
Tfiis 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 960 Duchess Sheet by November 6, 2006, and have failed to comply with those orders.
Advantages If Approved:
The City witl eliminate a nuisance.
Disadvantages IfApproved:
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properry, collected as a special
assessment against the property taxes.
DisadvanWges If NotApproved: .
A nuisance condition will remain unabated in the City. This building(s) will conUnue to blight the community.
Trensaction:
Funding Source:
Financial Information:
(Explain)
a000
Nuisance Housing
Abatement
�'0� 2 � 2�06
'..... ` ...:.�-.
Activiry Number: 30251
����vSi
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November 8, 2006 5:17 PM Page 1.
r NEIGHBORHOODHOUSINGAND �/ /,�Jn
PROPERTYIl�tPROVENtENT 7�
Dtck Lippen Manager of Code Enfmcement
r�� Nui.sance Bv.ilding Enforcement
CITY OF St-1Il�T PAUL
ChristopherB. Coleman, Mayor
1600 White Bear Ave N
Saint PauI, MN 5� l 06
November 9, 2006
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Tel: (651) 266-]900
F�: (651) 266-1926
Neighborhood Housing & Property Improvement , VacantlNuisance 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:
960 DUCHESS ST
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing — Tuesday, December 5, 2006
City Council Hearing — Wednesday, December 20, 2006
The owners and responsible parties of record are:
Name and Last Known Address
Fawaz Wazwaz
2834 ll 7th Ln NE
Blaine MN 55449-5516
Usset & Weingarden
4500 Pazk Glen Road #120
Minneapolis, MN 55416
Excel Title LLC
6900 Wedgwood Road #450 �
Maple Grove, MN 553ll
BNC Mortgage, Inc.
PO Box 19656
Irvine, CA 92623-9656
�����.�� ��_�:�=
���1 2 � ��a>�.
AA-ADA-EEO Employer
Interest
Fee Owner
Foreclosure Attorney
Title Company
Mortgage Holder
�l� �l1 �D
960 Duchess Street
November 9, 2006
Page 2
The legal description of this property is:
Legal Desc: AUDITOR'S SUBDIVISION NO. 7 ST. PAUL, MINN. W 75 F"T OF
LOT 58 AND EX S 40 �T W 75 FT OF LOT 57 BLK 2
Neighborhood Housing & Property Improvement has declazed this building(s) to
constihxte a"nuisance" as defined by Legislative Code, Chapter 45. Neighborhood
Housing & Property Improvement has issued an order to the then lmown responsible
parties to eliminate this nuisance condition by correcting the deficiencies or by razing and
removing 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 blighting influence of this
property. It is the recommendation of the Neighborhood Housing & 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 incurred against the real estate as a special assessment
to be collected in the same manner as taxes.
Sincerely,
f>
� ii
Steve Magner
Vacant Buildangs Supervisor
Neighbarhood Housing & Property Improvement
SM:mI
cc: Frank Berg, Building Tnspection and Design
7udy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
p�bhmg60183
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SUMMARY FOR PUBLIC HEARING
960 Dnchess Street
Legislative Hearing — Tuesday, December 5, 2006
City Council - Wednesday, December 20, 2006
The building is a two-story, wood frame, single family dwelling on a lot of 3,049 square feet.
According to our files, it has been a vacant building since December 5, 2005.
The current property owners are Fawaz Wazwaz, per AMANDA and Ramsey county property
and taxation records.
The city condemned this building on November 24, 2005.
The city has had to board this building to secure it from trespass.
There have been eight (8) SiININIARY ABATEMENT NOTTCES issued for:
- Removal of tall grass and weeds,
- Removal of improperly stored refuse in yard and front porch
- Secure the building
On October 2, 2006 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 NCJIS�9NCE BITiLDING was posted on October 6, 2006 with a compliance date of
November 6, 2006. 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 are delanquent in the amount of $375 as of December 4,
2006.
Taxation has placed an estimated market value of $30,000 on the land and $85,600 on the
building.
As of December 4, 2006, a Code Compliance inspection has not been completed.
As of December 4, 2006, the $5,000.00 performance bond has not been posted.
Real Estate taxes are current.
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Code Enforcement Officers estimate the cost to repair this structure is $40,000 to $50,000. The
estimated cost to Demolish is $8,000-9,000.
���-//��
NI�I, Division of Code Enforcement Resolurion submitted for consideration orders the property
owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes
the Division of Code Enforcement to demolish and assess the costs to the property.
NEIGHBORHOOD HOUSING AND
PROPERTY IMPROVE�41E1VT
Bob Kessler. Director �
CITY OF SAINT PAUL
ChristopherB. Coleman, Mayor
Nuisance Buflding Enforcement
1600 White Bear Ave N Tel: (651) 266-1900
Saint Pau1, MN 55106 Fax: (651) 266-1926
October 6, 2006
Fawaz Wazwaz
2834 117th Ln NE
Blaine MN 55449-5516
Order to Abate Nuisance Building(s)
Dear : Fawaz Wazwaz
The VacantlNuisance Buildings Unit, Department of Neighhorhood Housing and
Property Improvement, hereby declares the premises located at:
960 DUCHESS ST
and legally described as follows, to wit:
Legal Desc: AUDITOR'S SUBDNISION NO. 7 ST. PAUL, MINN. W 75 FT OF
LOT 58 AND EX S 40 FT W 75 FT OF LOT 57 BLK 2
to comprise a nuisance condition in violation of the Saint Paul Legislative Code,
Chapter 45.02, and subject to demolition under authority of Chapter 45.11.
On October 02, 2006, a Building Deficiency Inspection Report was compiled and the
following conditions were observed.
This list of deficiencies is not necessarily all the deficiencies present at this time. As
first remedial action, a Code Compliance Inspection must be obtained from the
Bnilding Inspection and Design Section, 8 FourtL Street East, Suite 200, Commerce
Building (651)266-9090. That inspection will identify specific defects, necessary
repairs and legal requirements to correct this nuisance condition. You may also be
required to post a five thousand dollar ($5,000.00) performance bond with the
Building Inspection and Design Office before any permits are issued, except far a
demolition permit.
This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and
shall not again be used for occupancy until such time as a Certificate of Compliance or a
Certificate of Occupancy has been issued.
AA-ADA-EEO Employer
0(� �//�
October 6, 2006
960 DUCHESS ST
page 2
This is a two-story, wood frame, single family dwelling.
Exterior
1. The chimney is defective, deteriorated or in a state of disrepair. Replace all missing
or defective bricks, tuckpoint as needed to restore the clumney to a professional state
of maintenance and repair. Permit may be required.
The exterior wails andlor tram of the house and/or garage has defective, peeled,
flaked, scaled or chalking paint or has unpainted wood surfaces. Scrape and repaint
to effect a sound condition in a professional manner.
The foundation is deteriorated, defective or in a state of disrepair. Repair all
foundation defects in a professional manner to a weather-tight, water-tight and
rodent-proof condition. Permit may be required.
4. The exterior walls of the house and/or garage aze defective. Repair all holes, breaks,
loose or rotting siding, to a professional state of maintenance.
5. The window and/or door screens are missing, defective or in a state of disrepair.
Provide proper window and door screens for all openable windows and doors.
Screens must be tight-fitting and securely fastened to the frames.
6. The windows and/or storm windows are in a state of disrepair. Replace all missing
or broken window glass. Make all necessary repairs to frames, sashes, hardware and
associated trim in a professional manner. Permit may be required.
Interior
The bathroom floor covering is deteriorated or inadequate. Provide floor covering
which is impervious to water and easily cleanable throughout the bathroom and seal
around the edges and fixtures.
8. Lacking deadbolt door locks. Provide one-inch throw deadbolt locks for ail entry
doors to dwelling unit(s).
9. FURNACE: Have a licensed heating contractor service and clean the fumace or
boiler and make any necessary repairs. Perform a GO test on the heating plant.
Then, send the attached form back to the Inspectar. Repair of gas fired appliances
requires a permit.
10. There aze missing or defective guardrails. Provide all stairways, porches, decks or
steps which are more than 30" high with guardrails and intermediate rails with
openings in the guardrail no more than four (4) inches apart and in accordance with
the State Building Code.
October 6, 2006
960 DUCHESS ST
page 3
D� - !)�d
1 i. The stairs have missing or defective handrails. Provide all interior and exterior
stairways and steps of more that three (3) risers with handrails which aze grippable
and installed 34" to 38" above the nose ofthe stair treads.
12. The interior ceilings are defective. Repair all ceiling defects and finish in a
professional manner.
13. The interior walls aze defective. Repair all wall defects and finish in a professional
manner.
14. The kitchen floor covering is deteriarated or inadequate. Provide floor covering
which is impervious to water and easily cleanable throughout the kitchen and seal
around the edges and fixtures
15. Smoke Detector: Lack of properly installed and operable smoke detector. Provide
functioning smoke detectors in accordance with the attached requirement, within 24
hours.
16. There is evidence of a rodent infestation. Ixnmediately exterminate and eliminate
all rodents from the entire building. Remove rodent harborages in the yard areas.
Tuckpoint the foundation if necessary to rodent-proof the building to prevent
re-infestation. Immediately remove any dead rodents from the premises.
17. STORM DOOR(S): The storm door(s) aze in disrepair; repair or replace the
door(s).
18. Lacking window locks. Provide operable window locks for ali windows except
third floor and above.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and
the resulting nuisance condition is not corrected by November 06, 2006 Neighborhood
Housing and Property Improvement, Division of Code Enforcement, will begin a
substantial abatement process to demolish and remove the building(s). The costs of this
action, including administrative costs and demolition costs will be assessed against the
property taxes as a special assessment in accordance with law.
As first remedial action, a Code Compliance Inspection Report must be obtained from the
Building Inspection and Desi� Section, 8 Fourth Street, Suite #200, Commerce
Building (651)266-9090. This inspection wi11 identify specific defects, necessary repairs
and legal requirements to correct this nuisance condition.
As an owner or responsible party, you are required by law to provide full and complete
disclosure of this "Order to Abate" to all interested parties, all present or subsequent
renters and any subsequent owners. If you sell, transfer, or convey in any manner, the
ownership or responsibility for this property, you must within seven (7} days, notify the
Enforcement Officer with the names and addresses of any new owners or responsible
parties.
October 6, 2006
960 DUCHESS ST
page 4
D(� -//�d
The Enforcement Officer is required by law to post a placazd on this property which
declares it to be a"nuisance condition", subject to demolirion and removal by the City.
This placard shall not be removed without the written authority of the Department of
Nei�hborhood Housing and Properiy Improvement. The department is further required to
file a copy of this "Order to Abate" with the City Clerk's Office.
If corrective action is not taken within the rime specified in this order, the Enfarcement
Officer will norify the City Council that abatement action is necessary. The City Clerk
will then schedule dates for Public Hearings before the City Council at which time
testimony will be heazd from interested parCies. After this hearing the City Council will
adopt a resolurion stating what action if any, it deems appropriate.
If the resolution calls for abatement action the Council may either order the City to take
the abatement action ar fix a time within which tlus nuisance must be abated in
accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and
provide that if corrective action is not taken within the specified time, the City shall abate
this nuisance. The costs of tivs action, including administrative costs will be assessed
against the property as a special assessment in accordance with law.
If you have any questions or request additional information please contact Rich
Singerhouse between the hours of 8:04 and 9:30 a.m. at 651-266-1945, or you may leave
a voice mail message.
Sincerely,
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing and Property Improvement
cc: Mary Erickson - Council Research
Laurie Kaplan - PED Housing
ota60135 3/06
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December 5, 2006 Legislative Hearing Minutes Page 9
6. Resolution ordering the owner to remove or repair the building(s) at 960 Duchess Street.
If the owner fails to comply with the resolution, Neighborhood Housing and Properry
Improvement (NFIPI) is ordered to remove the building.
Mr. Magner stated the building was a two-story, wood, frame single-family dwelling on a lot of
3.049 square feet. The building was condemned on November 24, 2005 and had been vacant
since December 5, 2005. The vacant building fees in the amount of $375 had not been paid, a
code compliance inspection had not been done and the $5,000 performance bond had not been
posted. On October 2, 2006, an inspection of the building was done and a list of deficiencies
which constitute a nuisance condition was developed. An order to abate a nuisance building was
posted on October 6, 2006 wlth a compliance date of November 6, 2006. To date, the owner had
done nothing to abate this nuisance. Ramsey County Taxation has estimated the market value of
the land to be approximately $30,000 and the building to be $85,600. Real estate taxes were
current. Code Enforcement estimates the cost to repair the building to be approximately $40,000
to $50,000, however, he believed those figures were conservative and could range in the cost of
$100,Q00. The cost for demolition was estimated to be approximately $8,000 to $9,000. There
had also been eight summary abatements issued to this properiy: cut tall grass and weeds,
remove improperly stored refuse on the front parch and yard, and to secure the building. Code
Enforcement recommends the building be demolished within 15 days.
No one appeared.
Ms. Moermond questioned how the property was determined to be vacant. Mr. Magern stated
they received a complaint that there was vandalism at the property and that the building needed
to be secured from entry.
Ms. Moermond questioned how many of the summary abatement arders had gone to work order
since the property became vacant. Mr. Magner responded that all of the summary abatement
orders had gone to work order.
Ms. Moermond recommended the building be removed within 15 days with no option for repair.
The meeting adjourned at 11:10 a.m.
vms