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06-437/�/�'��e-o ,,,_ City of St. Pdul COUNCIL FILE NC. ..�-437 JTION RATIFYING ASSESSMENT Byf/� � � File No. SEE BE OW Assessment No. SEE BELOW Voting Ward In the matter o£ the assessment of benefits, cost and expenses for 0601T1 (9046) removing diseased elm trees from private property during the winter season 2005/2006. JOSOSE3 (8190) summary abatement for excessive consumption of inspection services for property code violations during the months of Oct and Nov 2005. LAID OVER BY COUNCIL ON 4-19-06 TO 5-3-06 A public hearing having been had upon the assessment for the above improvement, and said assessment having been further considered by the Council, and having been considered finally satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in all respects ratified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. Except file 0601T1 to be payable in Ten equal installments. Yeas Nays Absent Benanav sostrom � Harris ✓ Helgen �/ Lantry r / Montgomery - �- Thune � d d Adopted by Council: Date_ aJlJro Adoption Certified by Council Secretary BY � .// /L1i1Gt �1!«/l�drt_ Approved by a o� Date ��/�� By: f bI� May 3, 2006 City Council Action Minutes 37. Resolution Ratifying Assessment — 06-43'7 — In the matter of the assessment of benefits, costs and expenses for towing of abandoned vehicles from private property during September and October, 2005 (JO505�; towing abandoned vehicles in November, 2005 (J0506�; summary abatement for the excessive consumprion of inspection services for property code violations during August, September, and October, 2005 (JOSOSE); and removing diseased elm trees from private property in the summer and fall of 2005 (0601'1� for the following properties: (i,aid over from April 19) (Legislative Hearing Officer recommends the following: 734 Bradley Street — approval of the assessment; 915 Hague Avenue — reduce assessment from a total of $70 to a total of $35; 2046 � Mar�aret Avenue —laying over to the May U City Council Public Hearings; 783 Maryland Avenue East — approval of the assessment; 769 Van Buren Avenue — deletion of the assessment. Adopted as amended (per the recommendation of the Legislafive Hearing Officer. Yeas — 7 Nays — 0 0 City of St. Paul Real Estate Division Dept. of Technology & Management Serv.COUNCIL FILE NO. REPORT OE COMPI+ETION OF ASSESSMENT File No. SEE BELOW Assessment No. SEE BELOW a�� Voting Ward In the matter of the assessment of benefits, cost and expenses for 0601T1 (9046) removing diseased elm trees £rom private property during the winter season 2005/2006. JO505E3 (8190) summary abatement £or excessive consumption o£ inspection services for property code violations during the months of Oct and Nov 2005. LAID OVER BY COUNCIL ON 4-19-06 TO 5-3-06 To the Council of the City of St. Paul The Valuation and Assessment Engineer hereby reports to the Council the following as a statement of the expenditures necessarily incurred for and in connection with the making of the above improvement, viz: Total costs $2,741.26 Parks Admin Fee $ 50.00 Charge-Code Enforcement $ Real Estate Service Charge $ 60.00 TOTAL EXPENDITURES Charge To Net Assessment $2,851.26 $2,851.26 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $2,851.26 upon each and every lot, part or parcel of land deemed benefitted by the said improvement, and in the case of each lot, part or parcel of land in accordance with the bene£its conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereon as ma "'onsidered proper. _— Dated �p p � ' �._ ' �Valuation�d Assess ent Engineer Sheet Gre n Sheet �� - PW - Pablicworks CoMaet Person & Phone: Juan Oriiz �A n ) 266.ggfiq /�d54C/ Must Be on Couneil /�enda b ContraMType: OT-0THER (DOESNT FRANY C/1"fEGORY) 2&APR-06 � ' Assign Number For Routing Order Total # of SignaWre Pages �(Clip NI Loeations for Signaturej � _. � At Council's request on 4-19-06 these items were laid over to 5-3-06 removing diseased elm trees from private property during winter 2005/2006. Summary abate for excessive consump of inspection services during the montl�s of Oct and Nov 2005. 0601T1 and J0503E3. Pianning Commission CIB Committee . Cnil Senice Commission b(� -� Green Sheet Greert SheeY Green Sheet Green Sheet . .� �_ �( �d: - J � Green Sheet NO: 3030578/�� `� 1. Has th(s persoNfirm e�er v-rorked under a contract for this deparlment7 Yes No 2. Has thts persoMfi�m e�er been a city employee? Yes No 3. Does this person/firtn possess a skiil rroi nortnally possessed by a`ry cwrent city employee? Yes No Expfain all yes a�wers on separate sheet and atfach W green sheet Initiating Problem, Issues, OpporWnity (Who, What, When, Where, Why): Property owners or renters create a health l�azard at various times tluoughout the City of Saint Paul when their property is not kept up. 1'he City is required by City code to clean up the property and charge the property owner for the cost of the clean up. Advantages If Approved: Cost recovery prograzns to recover expenses for Summary abatements, grass cutting, towing of abandoned velucles, demoli6ons, gazbage hauling and boardings-up. DisadvanWS�es IFApDroved: None Disadvantages 1FNotApproved: If Council does not approve these charges, general fund would be required to pay the assessment. rotalAmountof $2 g51.26 Transaction: Fundinp Source: Activ'dy Number: Finaneial Information: (Explain) 3 property owners will be notified of the public hearing and chazges. CosHRevenue Budgeted: Contracts MustMswerthe Following Questions: April 28, 2006 3:07 PM Page 1 � � 4 a It1 a 4 a W � � � � C O N � E £ � � � � 0 N a 0 � M � 0 �� ,� � o�o �o � H � O � O 1 1 'N � C � N I H � th i .y i a � W � N � N � O� � N � N � Q I I a�rn �rn a � cv �ro � �m �m i � N � M � m� m o o II m i m o o n w � E��OO 11 Ot � NOO II N � i . . . p . i . . . 11 • i � N Ifl O 11 l� � m lfl O II M O��0 N N II O � N N N II h � �.-1i?ilk l{ N � ltl iRiR ll tf1 � 11 • � . 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The parking is in back of his property. The tenant parked their car in the back for several months. The inspector towed the truck away. He will give his tenanYs address so that the tenant is billed. The inspector called again about a lot of trash azound the property. There was a trash container in the front of the ptoperty. As of about a month ago, he has no tenant there, so the trash does not belong to Mr. Fang. He got a ticket far the last time he was here. Ms. Moermond responded that she does not deal with the criminal stuf£ All she has in front of her is the abatement. This is Mr. Fang's property. Removing the vehicle is considered an improvement to the property. There may be a private arrangement between the owner and the tenant, but the City will hold the owner responsible. The owner should drive by there to make sure things aze taken care of. Mr. Fang stated he would like time to pay this assessment. Ms. Moermond responded tnis is scheduled to go to City Council on May 3. Ms. Moermond recommends approval of the assessment. 915 Hague Avenue (JOSOSE) $70 Jean McMahon, owner, appeared and staxed she did not get notice and does not know what this is about. She has gotten these before and has fixed whatever needed to be done. Steve Magner reported that on 7-18-05, the inspector found a vehicle that appeared inoperable on the property. The inspector issued a Correction Order with a compliance date of 7-29-05. On 8-1-05, the inspector went there and issued an extension. The inspector did not note why he did that. This was a Dodge van. Ms. McMahon responded she had new plates. In the past, she didn't know she had to have current tabs in the driveway. o�-�- LEGISLATIVE HEARING MINiJTE5 OF APRIL 25, 2006 Page 2 Mr. Magner stated that if Ms. McMahon has a receipt showing the date she purchased the license tabs, that would solve the matter. Ms. Moermond asked does she have kids [who may have opened the notice]. McMahon responded she has four kids and three aze of driving age. Her son has his own caz. Ms. Moermond asked could the inspector have granted an extension if the owner had not asked for one. Mr. Magner responded it is possible. On September 29, the vehicle was currently licensed. Ms. Moermond recommends reducing the assessment from a total of $70 to a total of $35. 2046 Mar�azet Street (0601T) $1,573.28 Jean Foster, owner, appeared and stated she and her husband purchased a home in 2004. They knew something was wrong with the tree: it was not blooming. They received notice about the tree because it was diseased. The City gave them a list of people [to remove the tree]. They called several on the list, and they were busy. She called and spoke to someone in Forestry to say she was trying to fmd someone to come out and give an estimate. The guys came out and cut down the tree. There were holes in the yard and branches left in the back. They got stuck with a bad sell on the house. They cannot afford ali of this. They have a legal acfion against the Realtar and the seller. It is an existing thing that was not disclosed. In addition, her husband is not well and is not working any more. If the company that the City contracted with damaged her yard, said Ms. Moermond, the owner should file a claim with the City. It looks like the owner did get legal notification. She looked into removing it and then she let the Ciry remove it. That was the choice that was made. Ms. Moermond can recommend spreading the payments over 10 yeazs. The owner can also fill out a disability deferment. Those fortns would be available at Real Estate. Ms. Foster responded she will try the deferment. Her insurance company will not fix the water damage because it is a pre- existing condition. Ms. Moermond recommends laying this over to the May 17 Legislative Heazing. 769 Van Buren Avenue (JOSOSE) $70 Randal Zamudio, owner, appeazed and stated the former owner talked to the inspector and was going to pay the $50. He heazd from the previous owner that this was not going to be chazged. Mr. Zamudio was hoping that previous owner would be here. Mr. Magner reported that on 6-14-05, the inspector issued an order to paint the exterior of the gazage. The inspector went back on September 15 and the paint was not in compliance and issued an excessive consumption. The origina] compiiance was September 15. Mr. Zamudio stated they did not take possession until July 27. Mr. Magner responded it does show that the owner called after receiving the excessive consumption letter and understood he would have to pay the $50 fine for noncompliance. On 11-3-05, the property was in compliance. 6�-��°i LEGISLATIVE HEARING MINiJTES OF APRII, 25, 2006 Ms. Moermond recommends deletion of the assessment. 1243 Mazgazet Street (J0602A) $372 Page 3 Legislafive Hearing Officer recommends approval of the assessment because an appellant did not appeaz. 572 Smith Avenue South, {J0602A) $358 Steve Magner reported that this is a Category II registered vacant building. The inspector was out 2-15-06 and issued a Siunmary Abatement Order for furniture, scrap wood metal, household items, cazpet by the alley with a compliance date of 2-22-06. A work order was issued and Parks cleaned it upon 2-24-06. Gerazdo Rosas, 3651 Greensboro Drive, Eagan, owner, said ti�at he and his ex-wife are the owners. About four times peopie have duxnped stuff in the alley. (A video was shown.) Mr. Rosas stated that all the items were minor. It doesn't seem fair. Ms. Moermond stated this is a Category TI buiiding, which means there is work to be done on it for it to be occupied again. Mr. Rosas responded that he and his wife decided to sell it. It is on the market now. Mr. Magner stated that there is no Code Compliance Inspection on the property yet. Also, the Code Compliance Inspection can be used in lieu of the truth-in-housing report. There was a complaint about the house being unoccupied. .An inspector issued a Summary Abatement Order to clean the yard. Mr. Rosas responded he talked to the inspector who said not to worry about it. Mr. Rosas could not recall the name of the inspector. Mr. Magner responded the inspector was Dennis Senty (NHPI). Ms. Moermond recommends reducing the assessment from a total of $358 to a total of $100 and spreading the payments over two yeazs. It did seem like a relatively minor cleanup. This assessment is the least of the owner's concems. (There was further discussion about perxnits, fees, the Code Compliance Inspection Report, etc.) Appeal of letter regarding Vacant Building Registration at 1155 Payne Avenue; owner: Gerald L. Snyder. (NHPI) Steve Magner reported that at the end of Mazch, his office received a complaint about a house open to access and yazd fuli of debris. Mr. Magner went there, the house was open, and the garage was secure. He refened this to the azea inspector, who found that the house was unoccupied and trashed. The inspector thought the house had multiple housing code violations. Photographs were taken. A vacant building status was designated. It was posted and placarded. A Summary Abatement was issued to secure the properry and clean the yazd. Gerald Snyder, owner, appeazed and stated this is his home and business. It is his studio; he paints D(� �-I�'1 LEGISLAT'IVE HEARING MINI7T'ES OF APRII, 25, 2006 Page 4 pictures. It was zoned residential and business. He had a business there and lived there. A lady complained, and the City said he could not work there and live there at the same time. He was looking for a place to move so he could just work there. They put a vacant building sticker on his house and it was broken into 3 times after that. The first time it was broken into, he got his pistol and he left it sitting there. The next day they broke in again and stolen his pistol. He does not sleep there, but he works there. He has electric, gazbage, and gas services. During the last rivo burglaries, they trashed the place, kicked out windows. He has now has a big beam across the front door. Just looking at the place (from the photographs), said Ms. Moermond, it looks like at should be condemned. Mr. Snyder responded that he put a roof on in the yeaz 2000, he painted the garage, although he hasn't painted the trim yet. In answer to questions, Mr. Snyder responded that he lives in Inver Grove Heights with his wife. He has two part-time jobs. He spent about $17,000 in remodeling and repairs since he has been there. Ms. Moermond asked are there police reports for these break-ins. Mr. Snyder responded that he held one person at gunpoint, the police came, chazged the person with trespassing, and then let him go. Two weeks later, someone came in and stole his shotgun and other things. There was a police officer across the street at the SuperAmerica and the ofFicer went through the house to see if the guy was there still. A police report was not filed on that unless the officer did. He did not call the police when the pistol was stolen because he didn't see anything to be gained from it. Ms. Moermond asked what he plans to do with the house. Mr. Snyder responded it needs footings underneath the porch, he has to put wood down on the back porch, he needs some fascia replaced. He has some cracked wails. There are new cabinets in the kitchen and bath. Ms. Moermond asked is he appealing the requirement that it is a vacant building with the City. Mr. Snyder responded it invites people to trash the place. He has been improving things since he bought it, but he does not have money and time to do it all at once. Ms. Moermond asked is this the first time it's been in the vacant building program. Mr. Magner responded he cannot verify that because he does not have all the files. There is a history of violations with exterior violations with sanitation and vehicles. Ms. Moermond stated that this meets the definition of a vacant building as it is written in the legislative code. She would like to talk to zoning staff about the business versus residential status. Mr. Snyder responded that they—he does not remember who—said that he could not have a business and live there at the same time. Ms. Moermond responded he could have filed an application for a home occupation. The sign tells enforcement personnel that no one is supposed to be in there unless it is Mr. Snyder or someone working for him. She would like to lay over this matter for one week to find out more about the zoning. It looks like he will lose the appeal because he is not living there and there aze code violations going on. The house is trashed, and the owner has a lot of work ahead of him. She does here people say that having the vacant building sign is a bad thing. She also hears neighbors say it is a good thing because they know the U�-�� LEGISLATIVE HEARING MINUTES OF APRII, 25, 2006 building's status and they watch it in a different fashion. Page S Mr. Magner stated another issue is that vacant buildings are idenufied with the placazds. If the owner decides to do something different with the properry, it is a declazation to a potential buyer or occupant. If the vacant building status is upheld, the City would require a Code Compliance Certificate issued prior to occupancy and they want to make sure a new owner is awaze of that. Mr. Snyder responded he just wants to work there. He has no desire to rent it. His air compressor is in there. His studio is in a portion of the house. Mr. Magner stated the owner has an option of obtaining pernuts and bringing the building into compliance. If there is nothing wrong, the City would take the violations down and that would be it. (There was fiirther discussion about bringing the house into compliance and how that is done, fixing up the properry, smoke detectors, etc.) Mr. Snyder asked about the home occupant permit. Ms. Moermond responded he can get that from LIEP (License, Inspections, Environmental Protection). The owner will be stuck with a condemnation placard on the door or a vacant building registration on the door. It is not habitable right now. Ms. Moermond recommends laying over until March 2 Legislative Hearing. In the meantime, the owner needs to figure out the home occupantion list and he should get 3im Seeger (LIEP) out there. She is willing to hold the fee into abeyance if he can get the building signed off and productive in six months. Mr. Magner stated this is a Category II, and Ms. Moermond responded then there would need to have a code compliance inspection on it. It is a to-do list. It is essentially condemned now. In order for it to be habitable, the owner would have to address a bare minimum list of issues, and that would be that list. Ms. Moermond recommends laying, over to the May 2 Legislative Hearing. Appeal of De�ciency list, which includes condemnation, at 1178 Barclav Street; appellant: Shiba Zahirazami. (Division of Fire Prevention) (Laid over from 4-4-06) Ms. Moermond recommends denying the appeal on the Deficiency List, which includes condemnation, dated March 29, 2006. Pat Fish says the building has had its locks changed about three times in the last month. The building is in bad condition. Appeal of Summary Abatement Order at 699 McKniEht Road South; owner: Michael J. Seefeld. (NHPI) According to an e-mail from Jacqueline Girling (NHPI) said Mazcia Moermond, the toilet bowl in the yazd is now being used for flowers. The file was opened because there were no flowers in it and it looked like a discazded bowl. Now, it is yard art. (Withdrawn) b(��-f��1 LEGISLATIVE HEARING MINUTES flF APRIL 25, 2006 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 Honsing and Property Improvement is ordered to remove the building(s). (Laid over from 4-18-06) Mazcia Moermond reported that Jim Seeger (LIEP) did a team inspecrion with the owners. He had ail the trade inspectors there: building, electrical, mechanical, e�aust, plumbing, wazm 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 tirne. Two issues will take time and money: flashing on the roof and exhausting 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 owner feels the building may open by May. Ms. Moermond recommends laying over to the May 2 Legislative Hearing. The hearing was adjourned at11:34 a.m. r�ui