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06-540�,�„��� � j� � aL RESOLUTION CITY OF SAINT PAUL, MINNESOTA ?resented By Referred To Committee: Date �S Council File # � � �i Green Sheet # 0306 3� 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 1027 Park Street . This property is 5 legally described as follows, to wit: 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 South 2/3 of Lots 23 and 24, Block 3, J.F. Eisenmengers Addition to St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvement on or before September 30, 2005 , the following are the now lrnown interested or responsible parties for the Subject Property: Tristar Lending Group, Corporate Headquarters, 2699 Lee Road, Suite 600, Winter Park, FL 32789; Theodore J. Roemer, 1810 — 3 Avenue North, Minneapolis, MN 55405-1233; Theodore J. Roemer, 1027 Park Street, St. Paul, MN 55117-4945 WHEREAS, Neighbarhood 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 07, 2006 ; and WHEREAS, this order informed the then known interested or responsible parties that the shucture 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 Apri107, 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 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 Saint Paul City Council; and AA-ADA-EEO Employer ��O-��� 33 WHEREAS, the interested and responsible parties have been served notice in accordance with 34 the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose 35 of the public hearings; and 36 37 WHEREAS, a hearing was held before the Lea slative Hearing Officer of the Saint Paul City 38 Council on Tuesday, May 16, 2006 to hear testunony and evidence, and afrer receiving testimony 39 and evidence, made the recommendation to approve the request to order the interested or responsible — A(T — p� to maZce tlie 3ntijectProperty sa� defnmenfaTto tFie pnbTic peace ,�a tT�i, sa�ety and 41 welfare and remove its blighting influence on the communiry 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 shucture to be completed within fifteen (15) days after the date of the Council 45 Hearing; and 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, 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 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 1027 Park Street : 1. 2. Q That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter A5. 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 lmown responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by Neighborhood Housing & Property Improvement, Vacant/Nuisance Buildings. 8. 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. 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 blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all AA-ADA-EEO Employer p6 �� v 85 86 87 88 89 90 2 91 —qZ-- _ 93 94 95 96 97 98 99 00 O1 02 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 demolirion and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. . If the above correcrive acrion is not completed within this period of rime Neighborhood Housin� & Property Improvement is hereby authorized to take whatever steps are necessary to --- cremo and tF�is stcuctixre� �'iIi ffie site arid c�arge t�e costsincurre agauist t� ---- - Subject Properiy pursuant to the provisions of Chapter 45 of the Saint Paul Legislative 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. 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. Adopriyx-Eer[ified $ � f' „" Date � Requested by Deparhnent of: Neighborhood Housing & Properry Improvement � �;.i,�� Form Appr by City Attorne By: �,/�C /FL Form Appr y Ma or for z �ssio o Council By: / AA-ADA-EEO Employer Adopted by Council: Date �,2��}, �(��p D�'�"�� ;,, . � Green Sheet Green Sheet. Green Sheet Green Sheet Green Sheet Green Sheet � NH ���borhood Housin�a/Pmperty Coniact Person 8 Phone: Bob Kessler Must Be on 07JUN-O6 ContractType: RE-RESOLUTION Date Initiated: 28.APR-06 � ' Green Sheet NO: 3030634 Departnent SentTOPerson InitiaVDate 0 ei hborhood A u in r _ Number Z ' Attom -0 For Routing 3 avor'sOffice Mavor/ASSisrant Order 4 ouncil 5 ' Clerk Gti Clerk Total # of SignaW re Pages _(Clip All Locations for Signature) Ciry Councit to pass this resoluNon 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 properry is located at 1027 Pazk Street. or Personal Service Contracts MustMswerthe Foliowing Questions: Planning Commission 1. Has this person/firtn e�er worked under a contract for this department? CIB Committee Yes No Citil Seruce Commission 2. Has this persoNfirm e�er been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and ariach to green sheet Initiating Problem, Issues, OppoRunity (Who, What, When, Where, VVhy): This building(s) is a nuisance building(s) as defiued iu 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 repair or remove the building at 1027 Pazk Street by Apri107, 2006, and have failed to eomply wit�tf L o�EIVED t Advantages IfApproved: The City will el'vninate a nuisance. 6 2006 MAY��'S OFFICE Disadvanpges IfApproved: The Ciry will spend funds to wreck and remove this building(s). These cos[s will be assessed to the property, collected as a special assessment against the property taxes. Disadvantages N Not Approved: A nuisance condirion will remain unabated in the City. This building(s) will conrinue to blight the communiry. Trensaction: Funding Source: Financial lnfortnation: (Expfain) $6,000 Nuisance Housing Abatement CosURevenue Budgeted: Y Activity Number: 30251 p � r � . p��i`'Y��1 \i � L�tiUl� f ' � �'.���..'�.�-..�-�� t'!•'_ .�1. I ���` a � �Os � May 2, 2006 4:59 PM Page 1 t tiEIGHBORH00D HOliS1tiG A\� PROPERTY I�fPROVE�IE\T Bob Kessler. Director ��p � j L�(5 t�'uisance Buildin2 En(orcement W� CITY OF SAINT PAUL Christopl:er B. Coleman, �L(¢yor Apri128,2006 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Lt�li: t'e'-� �.2^G1.^^Yr.ie I �iyPt.,..r ���i'i' � {� 2��� Neighborhood Housing & Property Improvement , Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearin�s to consider a resolution ordering the repair or removal of the nuisance buildin�(s) located at 1027 Park Street: The City Council has scheduled the date of these hearin�s as follows: Legislative Hearing - Tuesday, May 16, 2006 City Council Hearing — Wednesday, June 7, 2006 The owners and responsible parties of record are: Name and Last Known Address Tristar Lendin� Group Corporate Headquarters 2699 Lee Road, Suite 600 Winter Park, FL 32789 Theodore J. Roemer 1810 — 3` Avenue North Minneapolis, VI_V 5540�-1233 Theodore J. Roemer 1027 Park Street St. Paul, i�IN »ll 7-494� Interest Mort�age Holder Fee Owner Fee Owner .�+ ����`'i AA-ADA-EEO Employer t 1600 6Y7tite Bear.le'e /�' Te1: (6.ilJ 266-1900 — --- Saint Pazd, iLf.�V 55106 " Fac: (6� I) ?-19?5 1027 Park Street April 28, 2006 Pa�e 2 The le�al description of this property is: �� 5� — �e�itt�2�3� ��2� a�-24, �3�oc�-3, d.�'. -�isen��etigers-Addixia� toSt. �az�.------_ Iv'ei�hborhood Housin� & Property Impro�'ement has declared this buildin�(s) to constitute a "nuisance" as defined by Legislatice Code, Chapter 4�. Neighborhood Housing & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisancz 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 blightin� influence of this property. It is the recommendation of the Nei�hborhood Housin� & 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 Housin� & 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, Steve Magner Steve Ma�ner Vacant Buildin�s Supervisor -� Neighborhood Housing & Property Improvement SM:mI cc: Frank Berg, Buildin� Inspection and Desi;n Judy Hanson, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housin� Division LEGISLA"I'IVE HEARING MINLTTES OF MAY 16, 2006 - `,-1�� �t 5 O(o Page 4 Ms. Moermond recommends laying this over to June 7. She will give the owner until May 31 to get this done. If it is done, she wiil recommend deletion. Otherwise, she will make it approval. __Ag�eal of Summary�loatement_Qrder_atfiZ4l.incalnAyrn� Cienrge c�n Camille George, co-owner, appeazed. Mr. Betz stated this was a response to a complaint about bushes obstructing the sidewalk. (Photographs were provided by Betz) Ms. George stated if it is cut, it will look ugly. It is trimmed twice a yeaz. There is only growth on the outer branches. If it is trimmed back more, it will just be sticks. The letter arrived at the house on Apri125 with a compliance date of May 1. That is unreasonable because this hedge is 150 feet long. There was no time to get a bid. Also, they could extend the sidewalk. They would like a reasonable amount of compliance. Ms. Moermond stated it looks like a boulevazd tree there. Ms. George responded they have several of them. Ms. Moermond stated everyone needs to be able to use the public sidewalk. This can be laid over and continued to another hearing. 5he does not know if Public Works will let her extend the sidewalk. Perhaps Henry Ung (Public Works) could help. Mr. Magner suggested the owner call 266-8989 and ask for Mr. Ung. Ms. Moermond recommends laying over to May 30 Legislative Hearing to see if the owner can find an alternative. If there is not an altemative in two weeks, she will order the hedge be trimmed back. Access to the public sidewalk has to be maintained. On May 30, she wili be granted three weeks until June 20 to bring the issue into compliance. Resolution ordering the owner to remove or repair the building(s) at 1027 Park Street. 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 report: This is a single family dwelling. It has been vacant since 8-12-05. The current owner is Theodore J. Roemer. There have been three suimnary abatement notices issued to remove tall grass, rubbish, snow and ice. On 2-22-06, an inspection of the buiiding 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 3-8-06 with a compliance date of 4-7-06. As of this date, this properiy remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant Building Registration fees aze not paid. Taxation has placed an estimated mazket value of $82,200 on the land and $34,600 on the building. On 5-12-06, a Code Compliance Inspection was completed. The $2,000 bond has not been posted. Real estate taxes aze current. Code Enforcement officers estimate the cost to repair is $75,000 to $80,000. The estimated cost to demolish is $5,000 to $6,000. � s�o LEGISLATIVE HEARING MINiJTES OF MAY 16, 20Q6 Page 5 Ms. Moermond asked when the sunmiary abatement notices went out. Mr. Magner responded August 2005 for cleauing and securing and that was abated by the owner, October 2005 and that ^__ __ _ _ ___ wenT_to worl�order,Dec�mbei 20QSfoisnosuand-ice andxhatwasabatedb3� *hP ^�:..,,,=�^�Pr. �s--------- a fire with a$75,000 loss. Vacant buildings fees aze not paid. The Code Compliance Inspection is attached. Theodore Roemer, owner, appeared and staxed this is taking so long because he has a public adjuster to work with the insurance company to work out a settlement. They settled for less then it would take. They settled for $63,000. The City reported the loss at $75,000. Everyone else said it would be $90,000 to $100,000 to complete the work. He finally got a settlement check. The check was issued on 4-21-06 from the insurance company. He has a copy of that check. Ms.Moermond asked did the insurance company pay him $63,000 in April. Mr. Roemer responded it was not settled for anything more. He got a$63,000 check. He has a builder that has agreed to do the work for $60,000, and they signed a contract on 5-1-06 for this work. The Code Compliance Inspection was completed on May 12. On the contract from the building, work would be completed in 120 days starting on May 21. So, 120 days from May 1, the house should be completed. Ms. Moermond asked the history before the fire. Mr. Magner responded it was a rental property. It has transferred hands numerous times since then. He has no docuxnentation regarding issues since Mr. Roemer has had it. Mr. Roemer stated he owns a few rental properties. He always complies with code compliance orders. He purchased the property late July 2005. The fire was from arson. He brought the properry under the impression that the tenant would stay. The tenant pulled a midnight move, and a week later it burned down. He would like to move along with this. The contractor is going down this morning to put up a$5,000 performance bond. Mr. Roemer paid the Vacant Building Registration. Mr. Magner responded the clerk was not there on Monday. It may be in the bin if the contractor posted the bond. Ms. Moermond stated she has some concerns about this. It has been in this condition for quite a long time. The City has had to write orders telling the owner to do things. The Vacant Building Fees have not been paid and the bond has not been posted. Also, she is concemed about his history doing this kind of work. She would like to see a work plan. It should have benctunazks with time lines so that when people call to complain, she can say where they should be. She would like to see the check, account balance, or something showing he has the money to complete the rehab. Mr. Roemer stated she can have copies of what he has right now. (He gave copies to Moermond.) Ms. Moermond staSed there is a to-do list. She just needs a time line with it. Mr. Roemer responded that is understandable. When she gets that, Ms. Moermond will recommend the Council grant 150 days or 5 months. The owner said it could be done in four months. She will give him five months to be on the safe side. D!�-5 4 a LEGISLATIVE HEARING MINiJTES OF MAY 16, 2006 Page 6 Mr. Roemer stated his understanding with the performance bond is that he puts up $5,000 and they would review in six months. He asked would the five months be ovemding that. Ms. Moermond re�onded yes.- --- - — — - --- -- - -- -- ----- — Mr. Magner added that the property should be maintained in a code compliant manner, and Ms. Moermond concurred. In summary, Ms. Moermond is recommending granting the owner 150 days to complete the rehabilitation on the properry on condirion that the following is done by noon of June 7: 1) vacant building fee is paid, 2) $5,000 bond is posted, 3) work plan with time line, and a 4) financial plan. Summary Abatements: J0602B Boarding-up of vacant buildings during February 2006; J0601V Towing of abandoned vehicles from private properties during January 2006; J06T1Q Providing weekly garbage hauling services for the first quarter of 2006; (Note: 694 Sims Avenue will be deleted.) J0603A Property clean-up during March 2006. 461 Chazles Avenue (J0603A) $390 John Betz reported that his office inspected the property and issued orders to clean up refuse with a compliance date of 3-14-06. The work was not done and a Summary Abatement was issued on 3-17-06 with a compliance date of 3-24-06. Parks cleaned the property on 3-27-06. Dan Hunt, 3530 28�' Street East, Minneapolis, appeared and stated the note he got from Paula Seeley (NHPI) said the work completed by the City would be $260. Mr. Betz responded that is an approximate rate and the minimum hourly rate plus there is the assessment is $220. Plus, there is disposal of some of the materials plus a$70 administrative fee. Mr. Hunt stated this is rental property. It was rehabbed 2 years with a major renovation. This tenant moved April 1. She gave proper notice. He let her use his vehicle and trailer. The tenant said that everything was taken caze o£ He assumed everything was gone. Ms. Moermond asked did he get the notice. Mr. Hunt responded yes. He made the means available for his tenant to get rid of the things. If she wanted to pay the $260, which he thought was the amount from the first letter, that was her prerogative. She was notified that she would be billed. He is not appealing these tkrings were there. He would like it to be the cost of the original letter. Ms. Moermond asked how long you he has owned the properry. Mr. Hunt responded about 2 yeazs. This was the first tenant. They bought it in condemnation and put $100,000 in rehabilitation. It was originally a triplex. In the renovation, it was brought back to a duplex. Ms. Moermond stated she is recommending approval. He was notified twice by the City. Making the trailer available is useful, but a private arrangement. The City did the cleanup. He can have a private arrangement with tenants. Mr. Hunt responded if he knew it would be this much, it would