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06-300►�� Council File # /J� �Oa Green Sheet #�a`� (LD� CITY OF PresenTed By Referred To RESOLUTION AIl�jT PAUL, M Committee: Date 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, wood frame duplex and the detached, two-stall, garage located on property 4 hereinafter referred to as the "Subject Property" and commonly known as 119 Magnolia Avenue West. 5 This property is legally described as follows, to wit: Lot 18, Block 7, Stinson's Rice Street Addition to the City of St. Paul, Minn. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvement on or before May 31, 2005 , the following are the now lrnown interested or responsible parties for the Subject Property: MERS, as N�aae:nee fer: American �I�ianee, �erfgage Group, Inc.,1595 Spring Hill Rd., Suite 310, Vienna, VA 22182; Anthony Gulden, 31 Kipling Street, St. Paul, MN 55119; Susan Bertrand, 31 Kipling Street, St. Paul, MN 55119 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 November 22, 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 WIIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by December 22, 2005 ; and WHEREAS, the enforcement officer has posted a placard on the Subj ect 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 Ixnprovement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and , � // 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 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 purpose of the public hearings; and WHEREAS, a hearing was held before the Legislarive Aearing Officer of the Saint Paul City Council on Tuesday, February 28, 2006 to heaz 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 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 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 stnxcture to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held befare the Saint Paul City Council on Wednesday, March 15, 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 119 Magnolia Avenue West : That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � Q 7 8. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($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 lrnown 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. 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, Vacant/Nuisance Buildings. That the l�own interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. �'� • o �-�oo �g 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 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 welfaze and remove its blighting infiuence on the community by rehabilitating this structure and correcting 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 struchxre must be completed within fifteen (15) days after the date of the Council Hearing. 2. If the above conective action is not completed within this period of tune 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 I,egislative Code. 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. 100 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties 101 in accordance with Chapter 45 of the Saint Paul Legislative Code Requested by DeparhnentoE Neighborhood Housing & PropertyImprovement Adoprion Certified by Cou Secretary BY- �iAi,, /r���,c�Sd.z ApproveSi a . Date � � Z � -- �7/� By: u � Adopted by Council: Date �� p��/� �a �d06 /.��a� .���✓i���� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � , , � �P NH Neighbofioad Housing/Aopetty Confact Person & Phone: Bob Kessler 2661927 Must ee on Council qqenda by (Date): 1SMAR-06 Date Initia� 03FE6-06 � hssign Number For Routing Order Total # of Signature Pages _(Ciip All Lowtions for Signature) Green Sheet NO: 3029607 Deoartrnent SentToPerson Initial/Date 1 ei hborhoodH usin ro er De ar�eutDireMOr 4 uncil 5 Clerk Ci Clerk Action Requested: 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 119 Magnolia Avenue West. idations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Service Contrects t. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportuniry (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 owneis, interested parties and responsible pariies lmown to the Enforcement Officer were given an order to xepair or remove the building at 119 Magnolia Avenue West by December 22, 2005, and have failed to comply cviffi those orders. Advantages If Approved: ��'oP,�eg�� The City will eliminate a nuisance. �A ^�.,„ �'�r�'°� ., Disadvantages If Approved: r,�r�' The City will spend fimds to wreck and remove this building(s). These costs will be assessed to the propeffy, collected as a special assessment against the properiy tazces. - Disadvantages (f Not Approved: A nuisance condition will remaiu unabated in the City. This building(s) will continue to blight the community. Transadion: 10000 CosURevenue Budgeted: y FundingSource: NuiSenCeHOUSing ActivityNumber: 30251 Financiallnformation: �ateme�t (Explain) ���. � ���3n �6 a `� �`�, � �"t���� CITY OF SA.INT PAUL ChristopherB Coleman, rLlay�or NEIGHBORHOOD HOCSI�G A\D �� � ��� PROPERTY IviPROVE1tE\T Bob Kessler. Director IJt�isnnce Buildin� Enforcement 1600 Yi'hite Bear Ave h' Tel: (6� I) 266-1900 Saint Pae�l. �L(..V»/06 Fax: (6�1) 266-19?6 ��^.,, . February 3, 2006 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council �=�� " i �s�5 Neighborhood Housing & Property Improvement , Vacant�uisance 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 119 Magnolia Avenue West: - The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, February 28, 2006 City Council Hearing — Wednesday, March 15, 2006 The owners and responsible parties of record are: Name and Last Known Address MERS as Nominee for: American Alliance Mortgage Group, Inc. 1595 Spring Hill Rd., Suite 310 Vienna, VA 22182 Anthony Gulden 31 Kiplin� Street St. Paul, MN 55119 Susan Bertrand 31 Kipling Street St. Paul, MN 55119 Interest Mortgage Holder Fee Owner Interested Party AA-ADA-EEO Employer 119 Mab olia Avenue �Vest February 3, 2006 Paje 2 The legal description of this property is: /, ii Lot 18, Block 7, Stinson's Rice Street Addition to the City of St. Paul, Minn. Neighborhood Housing & Property Improvement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Housing & Property Improvement has issued an order to the then lrnown 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 & Properiy 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 & Properiy Improvement to proceed to demolition and removal, and to assess the costs incuned against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, Steve Magner Steve Magner Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:ml cc: Frank Berg, Building Inspection and Design Judy Hanson, City Attorneys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division c�(� �od LEGISLATIVE HEARING MINLJTES OF FEBRUARY 28, 2006 Page 7 Appeal of Summary Abatement Order at 1139 White Bear Avenue North; owner: Stacy M. Stratton. (NHP� Ms. Moermond stated the appeal is withdrawn, as the appellant and inspector feel that there is no need to appeal. (Withdrawn.) esolution ordering the owner to remove or repair the building(s) at 119 Magnolia Avenue West. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Steve Magner reported this is a two-story duplex. It has been vacant since 1-27-05. It was condemned on 1-12-05. Ramsey County lists the owner as Anthony Golden. There has been one Summary Abatement issued to remove vehicle parts, scrap wood, metal, outside items, building materials, and tires. On 11-16-OS, 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 11-22-OS with a compliance date of 12-22- O5. As of this date this properiy remains in a condition which comprises a nuisance condition as defined by the legislative code. The Vacant Building Fees of $375 are not paid as of 2-28-06. Taxation has placed an estimated mazket value of $40,400 on the land and $160,100 on the building. Code Compliance Inspection as been completed and the bond have not been posted. Real Estate t�es are current. NHPI has not received information on what the owner plans to do with this properry. The photographs show that there was a fire since the building was condemned and it did more damage to the properiy since it was condemned and opened as a vacant building. The fire was October 26 or 27, 2005. The following appeared: Anthony (Tony) Golden, 31 Kipling Street; Mr. Arndt; and Susan Bertrand, Mr. Goiden's wife, 31 Kipling. Mr. Golden stated that his plans are to fix it up. The electrician was escorted off the properiy by the Police Department. The lady was evicted from downstairs and moved back in and called someone. They turned the power back on. It was condemned once. The tenant was forging the checks to pay the rent. It went to court and it was thrown out. He started to work on it and then stopped because the lady was sfill downstairs. Finally, the cops came out and kicked them out and boazded it up. The upstairs is almost all done. (Mr. Golden explained the situation was the checks from the tenant.) Mr. Magner explained that the building was originally condemned on 1-12-05. Ms. Moermond asked was it a two week vacate order. Mr. Magner responded the vacate date was the 12�'. There was illegal occupancy. Two officers from NHPI went there with one of the Vacant Building inspectors. Ms. Moermond asked has he been through the building. Mr. Magner responded no. The requirements are that a Code Compliance Inspection will need to be done because that inspection was prior to the �re. Significant things would have changed based on the damages from the fire. Those would alter the list. Mr. Magner does not know what they would do as faz as payment. �� �dd LEGISLATIVE HEAI2ING MINIJTES OF FEBRUARY 28, 2006 Page 8 One of the requirements is to set up an appointment with Jim Seeger (License, Inspections, Environmental Protection), and the issue of a bond would have to be taken caze of before a permit can be pulled. Ms. Moermond asked when the work order was issue. Mr. Magner responded it was a Sununary Abatement and that was in November 2005. On the reinspection, the owner was cleaning the yazd. The vehicle may still be there. (There was some discussion about the van.) Ms. Moermond asked do they have an attorney. Mr. Golden responded no. Ms. Moermond stated that there is no question that this is a nuisance. This is what needs to happen: 1) A new Code Compliance Inspection. 2) A performance bond needs to be deposited. The code changed from being a$2,000 performance deposit to $5,000. It will be returned upon completion if it is done within the tuneline the City gives the owner. A building permit can be extended if he is at the halfway mark. 3) Vacant building fees are due by the time this goes to City Council on Mazch 15. 4) A work plan is needed so that Ms. Moermond has assurance that the owner has talked to contractors, understands permits need to be pulled, etc. She is looking for general statements of when contractors will be coming to do the work. 5) She needs to see that the owner has the ability to pay that contractor. The owner has about two weeks to pull the plans together. The first thing is to talk to Mr. Seeger. Mr. Golden stated the insurance company has it listed out what needs to be done. In summary, Ms. Moermond is recommends granting the owner 180 days to complete the rehabilitation of the property on condition that the following is done by March 10: 1) Acquire a new Code Compliance Inspection, 2) Post a$5,000 performance bond, 3) Pay the Vacant Building fees, 4) Submit a wark plan indicating when al] the items on the Code Compliance Inspection Report will be completed, 5) Submit a financial plan that shows that the owner has the resources to complete the items on the Code Compliance Inspection Report, 6) The van should be brought into compliance. Resolution ordering the owner to remove or repair the building(s) at 52 HIn¢ Street East. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Steve Magner gave the following staff report. This is a two-story property that has been vacant since 2-10-05. There is some confusion about the ownership. The property was originally purchased by Sean and his father Paul Breckman. Paul Breckman and Maureen Breckman were at one time married and owned a number of properties in the City. There mazriage was dissolved. According to the divorce decree, this property was to be sold. On 11-17-05, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was dedeloped, and photographs were taken. An Order to Abate a Nuisance Building was issued on 11-22-OS with a compliance date of 12-22-05. As of this date, this properiy remains in a condition which comprises a nuisance as defined by the legis2ative code. The Vacant Building Registration Fees are paid. TaYation has placed an estimated market value of $40,000 and the land and $95,000 on the building. As of 2-28-06, a Code Compliance Inspection has been completed and a