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06-435AMENDED � Council File # �p �{3 6 Green Sheet # 3030150 RESOLUTION CITY OF SAINT PAUL, MINNESOTA 'resented By Referred To Committee: 1 WHEREAS, I3eighborhood Housing & Property Improvement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking 3 and removal of a one-story, concrete block commercial building with a wood frame shed located 4 on property hereinafter referred to as the "Subject Property" and commonly known as 1104 Rice 5 Street. _ 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 This property is legally described as follows, to wit: Lot 11, Block 7, Stinson's Rice Street Addition to the City of St Paul, Minn. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvex�ent on or before August 31, 2005 , the following are the now known interested ar responsible parties far the Subject Property: Michael L. Hilyar / Chery17. Hilyar, 113 Cook Avenue West , St. Paul, MN 55117-4932; Ralph J. Overhalt , P.O. Box 5331, Hopkins, MN 55343 WHEREAS, Neighborhood Housing & Property Improvement has served in accardance with the provisions of Chapter 45 of the Saint Paul Legislative Code an arder identified as an "Order to Abate Nuisance Building(s)" dated January 31, 2006 ; and WHEREAS, this order informed the then lrnown 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 February 15, 2006 ; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constihxte 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 Legislative Hearing Officer of the City Council and the 5aint Paul City Council; and AA-ADA-EEO Employer � o� -�3� 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 78 79 80 81 82 83 84 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 tune, date, place and purpose of the public hearings; and WHEREAS, a hearing was heid before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, Apri118, 2006 to hear testimony and evidence, and after receiving testunony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not dehimental to the public peace, health, safety and welfare and remove its blighring 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 structure to be completed within £rf4eeir{�5}days after the date of the Council Hearing; and - twenty (20) WI3EREAS, a hearing was held before the Saint Paul City Council on Wednesday, May 3, 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 1104 Rice Street : That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. � That the costs of demolition and removal of this building(s) is estimated to exceed threethousand 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 known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition haue 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. •'� ' 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 blighting influence on the community by rehabilitating this structure and correcting all AA-ADA-EEO Employer 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 O1 02 03 04 OS 06 07 2. 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 structure must be completed withinfifteea f 3 after the date of the Council Hearing. twenty (20) 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 Legislative Code. D�-� f �35 3. In the event the building is to be demolished and removed by the City of Saint Paul, ali personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the properiy 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. Name Benanav Bostrom It is further ardered, 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. Yeas Nays Absent Requested by Department of: ,! Department of Neighborhood Housine & Pronertv ;/ Imnrovement�+='���-0'_ ,/ BY� Lantry ✓ Montgomery ✓ Thune r/ Adopted by Council: Date p Adoption Certified by Council Secretary By: //�i.s��� Sri« d B Approved by or Date �� �� Y� A ��_�� Form ptoved� b C� y t orney BY: .-L- �� / <�� ' Form proved by Mayor for Submission to Counc�il Q BY: i l�� 7-�� AA-ADA-EEO Employer � p � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � .... �----- .. �--� -. .._. .__.. ._, (�06-�3� NH NeighborhoodHousing/ProperTy CoMact Person 8 Phone: Bob Kessler 2661927 M�st Be on Council Agenda by (Date): "03-MAY-06 ' Total # of Signature Pages Fz��r_er�r.y � Assign Number For RouGng Order (Clip All Locations for Signature) Green Sheet NO: 3030150 0 Sent To Person 2 Ci[v Attornev I � 3 a or's Oftice a oNAssistant 4 ou 5 i Clerk Ci Clerk Ciry Council to pass this resolurion 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 1104 Rice Street. Recommendations: Approve (A) or Planning Commission CIB Committee Civil Service Commission 1. Has this persoNfirm ever worked under a coMrad ior this departmenl? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, OppoRanity (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 I,egislarive Code. The ownexs, intezested paxties and responsible parties lrnown to the Enforcement Officer were given an order to repair or remove the building at 1104 Rice Sueet by Febmary 15, 2006, and have failed to com}�ly with those orders. � Advantages IfApproved: The City will elinrinate a nuisance. %��� e � zuue �� � �r 5� d, DisadvanWges If Approved: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the properiy tazes. DisadvanWges if Not Approved: A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. 'otal Amount of Trensaction: Funding Source: Fi nancial I nformation: (Ezplain) 20000 Nuisance Housing Abatement CoSURevenue Budgeted: Y ,qotiviry idwnber: 80251 '1�'4�:';�.'�S`CYt �pn�g � RECEIVED APR 4 2006 ��� � � ���� MAYOR'S OFFlCE ���� vEIGHBORHOOD HOUSI`G AVD �. � PROPERTY I�SPROVEME\T ;�;., CITY OF SAINT PAUL Christopher B. Coleman, �1�(ayor :ti"erisance B�eilding Enforcentent 160tJ Yi'liite Bear Are i�' Saint Paul, hI.V 55 ( 06 March 20, 2006 �:";_i `.,.�_.. . _ . �^r� ���� �: � �`�;� NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Tet: (6ii)266-1900 Fac: (6�1J266-19?6 Nei�hborhood Housing & Property Improvement , VacantlNuisance Buildings Enforcement Division has requested the City Council schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance building(s) located at 1104 Rice Street: The City Council has scheduled the date of these hearings as follows: Legisiative Hearing - Tuesday, April 18, 2006 City Council Hearing — Wednesday, May 3, 2006 The owners and responsible parties of record are: Name and Last Known Address Michael L. Hilyar i Cheryl J. Hilyar 113 Cook Avenue West St. Paul, NN 55117-4932 Ralph J. Overhalt P.O. Box 5331 Hopkins, MN 55343 The legal description of this property is: Interest Fee O`�ner Judgment Creditor Attome} Lot 11, Block 7,`Stinson's Rice Street Addition to the Cin of St. Paul, Min-. AA-ADA-EEO Employer 1104 Rice Street Viarch 24, 2006 Page 2 G� tiei�hborhood Housin� & Property Improvement has declarzd this buildin�(s) to constitute a "nuisance" as defined by Le�islative Code, Chapter 4�. \ei�hborhood Housin� & Property Improcement has issued an order to thz then known responsible parties to eliminate this nuisanc: condition by correctin� the deficiencies or by razin� and removin� 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 bli�htin� influence of this property. It is the recommendation of the Nei�hborhood Housin� & Property Improvement that the City Council pass a resolution orderin� the responsible parties to either repair, or demolish and remove this buildin� 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, StCY1E �d�11Cf Steve Magier Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:mI cc: Frank Berg, Buildin� Inspection and Design Judy Hanson, City Attorneys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division LEGISLATIVE HEARING MINUTES C3F APRIL 18, 2006 ��e.� 3S Page 7 ���js Ms. Moermond asked was there any communication with the property owner. Mr. Betz responded he does not have the field notes so he does not lmow if there has been any contact with the owner or whether the work has been done. Ms. Moermond's recommendation is pending and requested that this information be e-mailed. She would like to lmow if the owner iried to call the City 734 Bradley Street, Removal of diseased trees (0601T) (Ed Olsen, Pazks, will need to be contacted about this one.) 410 Vir�inia Street Excessive Consumption of Inspection Services (JOSOSE), $70 John Betz reported that this is also laiown as 346 Fuller Avenue. Orders were issued on 2-28-OS The exterior walls and trim on the house and defective paint or unpainted wood surface with a compliance date of 6-15-05. The reinspection was on 10-5-05, it was noncompliant, and a$50 excessive consumption fee was chazged. A letter was sent that it would be reinspected. It was reinspected on 11-8-OS and $75 was imposed. Another inspection was 11-30-05, and a$150 fee was imposed. After the $150 fee, the property owner was called. The inspector granted an extension to 6-1-06. Ms. Moerinond recommends deleting the assessment. The owner was here at the last heazing and is getting a fix-up loan from PED (Planning and Economic Development). She seems to be doing the follow and has gotten an extension. � �/ Resolution ordering the owner to remove or repair the building(s) at 1104 Rice Street. If j�' the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). The following appeared: Cheryl Hilyar, 113 Cook Avenue West; and Chris Chamberlain, E3472 770�' Avenue, Menomonie, Wisconsin 54751. Ms. Moermond asked who is Michael Hilyar. Michael Overhalt is listed as a"judgement creditor attorney." Ms. Hilyaz responded Michael Hilyar is her husband and they have been sepazated for a long time. She does not know who Michael Overhalt. Steve Magner gave the following staff report: this is a one story concrete block with a wood frame shed. The building has been vacant since 10-9-00. The owner is Cheryl and Michael Hilyar. Twenty-one sununary abatement notices have been issued for removing garbage, vehicles, cut tall grass and weeds. On 1-30-06, 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 1-31-06 with a compliance date of 2-15-06. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. The 2005 vacant building fees aze paid as of 5-11-05. Taxation has placed an estimated market value of $48,100 on the land and $76,900 on the building. A Code Compliance Inspection was last completed on 10-30-06. As of 2-7-06, the $2,000 LEGISLATIVE HEARING MINUTES OF APRIL 18, 2006 v � ��s° Page 8 performance bond has been posted. Inspectors indicate the cost to repair this structure is $75,000 to $50,000. The cost to demolish is $20,000 to $15,000. This is a 15 day order to repair or remove this nuisance building. In answer to questions, Mr. Magner continued: This file was open since 10-9-2000. The abatements aze spread out. Work orders were sent on about 8 or 9 cases. The Certificate of Occupancy was pulled by the Fire Departrnent. (Ms. Moermond read some of the items off the Deficiency List.) Ms. Hilyaz stated everything on that list is done. As for the water rmuiing toward the building, everyone's does on that block. Water escapes from both reaz doors, so she has never had a problem with water coming into the building. Everything is done except the front pitch of the concrete. She had an appointment with Mr. Magner in December. She apologizes because she canceiled the appointment. Ms. Moermond asked were permits pulled. Ms. Hilyaz responded yes. She washed and painted ceiling tiles. There is all new plumbing. Mr. Magner responded that he did not receive any sign- off on the permits. There was a building perxnits pulled on 2-24-06. He is unawaze of any plumbing permits pulled. Ms. Hilyar stated they were pulled two yeazs ago and done. Also, the Deficency List is about five yeazs old. Mr. Magner added that list was created by Pat Fish. She never signed off on it. On about four occasions, inspectors tried to egress the building and were refused. Fire would do an inspection, but they cannot do it until they get notification from Jim Seeger (LIEP) that all the items aze completed. Ms. Hilyar stated she had an appointment with Mr. Magner and then her husband had heart problems and other things happened. Ms. Moermond stated she believes the owner is warking hard, and the owner has been actively working against. Chris Chamberlaine, E3472 770th Avenue, Menomonie, Wisconson 4751, appeared and stated he would be willing to work with the inspector. Ms. Moermond stated that she is concerned that the inspector will say the work was done incorrectly ar not done. She does not know where she is at because of her lack of communication with the inspectors. They signed off on the electrical and piumbing. Mr. Chamberlaine stated that Ryan Plumbing pulled their own permit and the electrical. Ms. Moermond needs the following. the things left to do, the plan to finish it, the owner can afford to do these things. Ms. Hilyaz responded a11 the contractors are done and have been paid. Mr. Magner suggested that Mr. Seeger do a walk through with the original list, indicate to Ms. Moermond what is not done. They tried four tnnes to get entry to the building, so the City has LEGISLATIVE HEARING PdINUTES OF APRIL 18, 2006 D�—c�3� Page expended money to have staff go out there and stand in the snow waiting for entry. He can see what permits are pulled. Ms. Moermond asked aze there concerns of inspector's safety. Mr. Magner responded they can talk to Mr. Seeger about that, although he does not thnilc he had any concerns. Ms. Moermond stated that she remembers Mr. Hilyar being at a previous Legislative Hearing and saying he was going to pop an inspector. Ms. Hilyaz responded that he is supporting her. He is working very hard to see this come to fruition. Ms. Moermond recommends a layover to Apri125 and May 2. The inspector should go out within 7 days. The owner has been sending the inspector away. A list needs to be made of the things that need to happen. She needs to figure out how to accomplish those things. She needs to show that she has the money to pay for it. She would like to hear from Mr. Seeger on April 25. 915 Ha¢ue Avenue (JOSOSE), $70 Jean McMahon, owner, appeared and stated she did not get notice. Her son called to say that she would appeaz today. She does not know what this is about. Ms. Moermond laid over to the Apri125 Legislative Heazing. 982 Burgess Street (JOSOSE), $95 Ms. Moermond recommends approval of the assessment because an appellant did not appeaz. JOSOIB Boarding up of vacant buildings on properties during December 2005; J0507V Towing of abandoned vehicles from private property during December 2005; 30602A Property cleanup during February 2005. 299 Avon Avenue North (J0602A), $556 Ms. Moermond recommends approval of the assessment because an appellant did not appear. 899 Burr Street (J0507V), $358 Ms. Moermond recommends approval of the assessment because an appellant did not appear. 635 Cook Avenue East (J0507V), $448 John Betz reported that orders were issued to the owner to remove an inoperable vehicle on the property by 12-7-05. The police impounded the vehicle on 12-21-05. LEGISLATIVE HEARING MINiJTES OF APRIL 25, 2006 � �e.�,3� �� �-�3� Page 6 � Resolution ordering the owner to remove or repair the building(s) at 1104 Rice Street. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (Laid over from 4-18-06) Mazcia Moermond reported that Jun Seeger (LIEP) did a team inspecUon with the owners. He had all the trade inspectors there: building, electrical, mechanical, e�aust, plumbing, warm air. There aze a number of items still needing to be done. Most aze minor, such as duct work, electrical outlets, and some small plumbing items. Nothing seems out of the ordinary or require long periods of tnne. Two issues will take time and money: flashing on the roof and e�austing of the driers. He suspects the repairs can be done from $3,500 to $12,000. The repairs should be satisfied in 2 to 4 weeks. The owr.er feels the building may open by May. Ms. Moermond recommends laying over to the May 2 Legislative Hearing. The heazing was adjourned at1134 a.m. rrn