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06-539���� � � � � � y� Council File # RESOLUTION CTTY OF SAINT PAUL, MINNESOTA 'resented By Referred To Committee: Date 1 WHEREAS, Neighborhood 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 two-story, wood frame, single family dwelling located on property hereinafter 4 referred to as the "Subject Property" and commonly known as 522 Farrington Street . This property 5 is legally described as follows, to wit: 6 The North 40 feet of Lots 5 and 6, Block 22, Warren & Rice s Addition to Saint Paul EXCEPT the North 8 feet thereof for alley. 9 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 Neighbarhood Housing & Property Improvement on or before November 30, 2005 , the following are the now lrnown interested or responsible parties far the Subject Property: Beryle B. Pemberston, 2415 South Shore Blvd., White Bear Lake, MN 55110; Glen Anderson, 2415 South Shore Blvd., White Bear Lake, MN 55110; Julian J. Zweber, Attorney at Law, 1360 Energy Park Drive, Suite 310, St. Paul, NIN 55108-5252 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 March 27, 2006 ; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subj ect 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 Apri126, 2006 ; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demoliYion; and W T 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 Saint Paul City Council; and AA-ADA-EEO Employer ��539 33 WHEREAS, the interested and responsible parties have been served notice in accordance with 34 the provisions of Chapter 45 of the Saint Paul Legislarive Code, of the time, date, place and purpose 35 of the public hearings; and 36 37 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 38 Council on Tuesday, May 16, 2006 to heaz testimony and evidence, and after receiving testimony 39 and evidence, made the recommendation to approve the request to order the in terested or responsible — � - �ariies �o m ce fit�ie Sn�ectProperty safe and not detrimentai to the public peace, health, safety and 41 welfaze and remove its blighting influence on the community by rehabilitating this structure in 42 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 43 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 44 demolition of the structure to be completed within £dteen (15) days after the date of the Council 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 Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, June 7, 2006 and the testimony and evidence including the action taken by the L,egislative 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 Pindings and Order concerning the Subject Property at 522 Farrington Street : 1. 2. 3. 4. 5. 6. � That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 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 known responsible parties to correct the deficiencies ar 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 known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDEI2 The Saint Paul City Council hereby makes the following arder: 1. 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 deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all AA-ADA-EEO Employer a� �s 39 85 86 87 88 89 90 2. 91 —9� . r' . d. . r': �' 1 1 1 applicable codes and ordinances, or in the altemative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabi&tation or demolition and removal of the structure must be completed within fdteen (15) days after the date of the Council Hearing. If the above conecrive action is not completed within this period of tune Neighborhood Housing & Property Improvement is hereby authorized to take whatever steps aze necessarv to_ - cYemoYis�i and remove tFiis structure, fi11 the site and charge the costs incurred against the Sub}ect Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properiy or fixhu 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 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. Adoptio rh ed By: _t i. Date � Requested by Deparhnentof: Neighborhood Housing & Property Improvement i. �►�� ��� Form �pro�ied by City Form A p ved y ayo o bmi ' to Council By: AA-ADA-EEO Employer Adopted by Council: Date � n � 1 � U�y P \EIGHBORHOOD HOliS1tiG ArD PROPERTY I�IPRO�"E�fEST BobKessler,Director �b �,�j� C TT`T O � c A PAT � Nuisance Building Enforcement 1 i ilt11iV i lJL Christopher B. Co[enaan, ,L(ai�or 1600Y4hiteBear,�re �" ;-,__ Tel: (6�?66-19Q0 ________ ---- - --- -- -- -- -- - --- --- _. — °--- — - SaentPaul..Llr�'»!06 Faz: (651)26b-19'6 ���� _ ��s�s?s „'. h,<..�..k 6°.�.a..5.,9 April 28, 2006 i 1 ri� � � � NOTICE OF PUBLIC HEARI�GS - Council President and Members of the City Council Neighborhood Housin� & Property Improvement , Vacant/Nuisance Buildin�s Enforcement Division has requested the City Council schedule public hearin�s to consider a resolution orderin� the repair or removal of the nuisance buildin�(s) located at 522 Farrington Street: The City Council has scheduled the date of these hearin�s as follows: Legislative Hearing - Tuesday, Ma�� 16, 2006 City Council Hearing — Wednesday, June 7, 2006 The owners and responsible parties of record are: Name and Last Known Address Beryle B. Pemberston 2415 South Shore Blvd. White Bear Lake, NfN 5� 110 Glen Anderson 2415 South Shore Blvd. White Bear Lake, �T » 110 Julian J. Zweber Attomey at Law 1360 Enerw Park Dri�'e, Suite 310 St. Paul, NI\i' S�108-5252 Interest Morteaoe Holder Fee O«ner Attomec• for Mortga�e Hoider / AA-ADA-EEO Employer y � � t 522 Famn�ton Street Apri128,2006 Pa�e 2 The le�al description of this property is: �� S 3 9 The ti`orth 40 feet of Lots � and 6,_BI_o_c� ?2_,_Warrzn_&;_Rice's E?.ddition to Saint P_aul__�_ ___ _ EXCEPT the ivorth 8 feet thereof for alley. Nei�hborhood Housin� & PropeRy Improvement has declared this buildin�(s) to constitute a °nuisance" as defined by Le�islative Code, Chapter 4�. Nei�hborhood Housing & Property Improvement has issued an order to thz then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razin� and removing 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;hting influence of this property. It is the recommendation of the Neighborhood Housing & 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 failin� that, authorize the Neighborhood Housing & Property Improvement to proceed to demolition and removal, and to assess the costs incurred a�ainst the real estate as a special assessment to be collected in the same manner as tases. Sincerely, Steve Magner Steve Magner . Vacant Buildin�s Supervisor Nei�hborhood 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-Housin� Division .p � Green Shee.t,Green Sheet. Green Shee# Green Sheet Green Sheet Green Sheet � NH Neighbrnfiood Housing/Pmpexty Contact Person 8 Phone: Bob Kessler �� Must Be on Council Agenda by (Da � 07�1UN�06 .Q q � 7 ' 7'r Contracf Type: RH2ESOLUiION 28-APR-06 - ' 0 Number For Routing Order 7aW I# of SignaW re Pages _(Clip NI Locadons for SignaW re) Green Sheet NO: 4� 3030631 2 �Ciri Attomev I �,� 3 a or's Ma od ' faut 4 ouncil 5 Cler L5h Clerk 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 resolurion, Neighborhood Housing & Proper[y Improvement is ordered to remove the building. The subject proper[y is located at 522 Pazrington St�eet. or Following questions: Planning Commission t Has this persoNfirm e�er wodced under a wntract for this department? CIB Committee Yes No Citil Service Commission 2. Has this persoNfirm e�er been a city employee? Yw No 3. Does this persoNfirtn possess a skill rrot nortnally possessed by any current city employee? Yes No Expiain all yes answers on separete sheet and attach to green sheet Inkiating Problem, lssues, Opportuniry (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defiued in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repaic or remove the building at 522 Farrington Street by Apri126, 2006, and have failed to comply with those orders. Advanfages IfApproved: The City will eliminate a nuisance. e �:�'..:.�.. : ..... � .�. MAY 1 6 2006 Disadva� ges IfP proved: g( ) �(� (�[��� P The Ci will s end funds to tvreck and remove this buildin s. These costs will be assessed �j��diie t,�dl s a s ecial assessment against the property ta�es. Disadvantages H NotApproved: A nuisance condirion will remain unabated in the City. This building(s) will conrinue to blight the community. Transaction: Funding Source: Financial Information: (Explain) $8,000 Nuisance Housing Abatemerrl CostlRevenue Budgeted: y Activity Number: 30251 ! 1�1 � U L�+�+� ���\f ft,""��'`&F°!1€ _ __,�.p ���;� C�s�� .�3�' �AV e � � May 2, 2006 4:38 PM Page 1 �-�-e rn L� � Oc�-53� LEGISLATIVE HEt�RiNG MINUTES OF MAY 16, 2006 Page 10 were issued at the properry since 3-10-06 for refuse. Another refuse problem was Apri12005. - - -- - ------ - --- --- ------- Ms. Moermond said she will recommend reducing the assessment from $388 to $70. The owner made a good faith effort to clean it up. (Mr. Pham asked to see the videotape again and explained where his property is located.) Mr. Magner stated that the gazages are seldom on the property line. Ms. Moermond recommends deletion of the assessment. 763 Minnehaha Avenue East (06T1Q) $570 Kou Yang, owner, appeazed. Ms. Moermond recommends laying over to the June 6 Legislative Hearing. The file was not available today and the owner Kou Yang requested a Hmong interpreter. (A recess was taken for a few minutes.) 1307 Thomas Avenue (J0603A) $378 Ms. Moermond recommends approval of the assessment because an appellant did not appear. 694 Sims Avenue (J0603A) (At the 3-28-06 Legislative Heazing, Ms. Moermond stated that the assessment for the first quarter of 2005 should be deleted.) Resolution ordering the owner to remove or repair the building(s) at 522 FarrinEton Street. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Steve Magner reported that this is a single family dwelling. It has been definitionally vacant since 5-17-01, but Mr. Magner feels it has really been vacant since the mid to late 1980's when Mr, Anderson pwchased the property and started the rehabilitation. In 1990, an order to abate was placed on the property. It was taken to Council and the owner was granted 180 days to complete the properiy. In the early 90's, he received a code compliance certificate from LIEP. Mr. Anderson did not do anything with the property; therefore, this building has not been a vital residence in Saint Paul for 20 yeazs. Mr. Magner continued: The current owner is Glen Anderson. There have been 20 summary abatement notices issued to remove tall grass, rubbish, and snow and ice. On 3-7-06, 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 3-28-06 with a compliance date of 4-26-06. As of this date, the property remains in a (�-53 q LEGISLATTVE HEARING NIINiJTES OF MAY 16, 2006 Page I 1 condition which comprises a nuisance as defined by the legislarive code. The Vacant Building fees aze not aid. T�ation has laced an estimated market__v_alue of_$3$,5Q2on_Y.hP land ar,��_____—_-_-- p -- -P--- ------ � -- �T26800 on tfie buiiding. The Code Compliance Inspection has not been completed and a bond has not been posted. 2005 taYes are delinquent. Code Enforcement O�cers estimate the cost to repair this structure if $5,000 to $80,000. The estimated cost to demolish is $5,000 to $6,000. NHPI is seeking a resolution to repair the building or remove it within 15 days. Ms. Moermond asked how many of the summary abatement orders went to work order. Mr. Magier responded about 15 work orders. The majority of the work orders were not in compliance and the City performed the function. Ms. Moermond asked about the registration fees. Mr. Magner responded 2003 was the last time registration was paid. Also, no one has had any conversation with Mr. Anderson recently. Ms. Moermond asked when the code compliance was issued. Mr. Magner responded that was in the eazly 1990's. When the oraginal wde compliance certificate was issued, it was issued under some duress and issued under the old guidelines. The house was built on organic soils and it was slowly falling away. Ms. Moermond read some of the problems listed in the paperwork: eaves and soffits in need of repair, exterior walls, no electric, no gas, handrails, rodent infestation, sanitation issues, defective stairs, eta She asked is there water service. Mr. Magner responded the water service is off: Based on recent confusion, Mr. Magner stated that the order should be for removal as it states on the order. Ms. Moermond recommends approvai of the resolution to remove the buiiding in 15 days. She requested a landmark photograph. The photographs she has are all interior. Resolution ordering the owner to remove or repair the building(s) at 1076 Wakefield Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the 6uilding(s). Steve Magner reported this is a single family dwelling with a two stall detached garage. It has been vacant since 9-7-04. The current owner is JP Morgan Chase Bank. The City has had to board the building to secure it against trespass. There have been nine sumuiary abatement notices issued to remove tall grass, snow and ice, rubbish, dilapidated shed. On 2-9-06, 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 3- 29-06 with a compliance date of 4-27-06. As of this date, this properry remains in a condition which comprises a nuisance as defined by the legisiative code. The 2004 and 2005 vacant building fees have not been paid. Taxation has placed an estimated market value of $73,000 on the land and $89,400 on the building. A Code Compliance inspection has not been completed. The $2,000 bond has not been posted. Real estate ta�tes for 2004 and 2005 are delinquent for $3,891.24. Estimated repairs aze between $60,000 to $$0,000 and demolition is between $8,000 and $9,000. All the summary abatement notices have gone to work order over the past two yeazs.