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06-541(�,�� ���(�� RESOLUTION CTTY OF SAINT PAUL, MINNESOTA ?resented By Referred To Committee: Date ��'J WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame, single family dwelling and the detached, two-stall, masonary garage located on property hereinafter referred to as the "Subject Property" and commonly known as 1076 Wakefield Avenue . This property is legally described as follows, to wit: Lots 11 and 12, Block 4, H.F. Schwabe's Addition to St. Paul, Minnesota. 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information 10 obtained by Neighborhood Housing & Property Improvement on or befare November 30, 2005 , the 11 following are the now known interested or responsible parties for the Subj ect Property: JP Morgan 12 Chase Bank / CO Select Portfolio Servicing , P.O. Box 65250, Salt Lake City, UT 84165-0250 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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 28, 2006 ; and WHEREAS, this arder informed the then known interested or responsible parties that the struchxre 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 April 27, 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 WIlEREAS, this nuisance condition has not been corrected and Neighborhood Housing & Properiy 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 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 time, date, place and purpose of the public hearings; and Council File # �� Green Sheet #_�tj�,; AA-ADA-EEO Employer �� - 5�f t WHEREAS, a hearing was heid before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, May 16, 2Q06 to heaz tesrimony 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 Proper[y safe and not detrimental to the public peace, health, safety and welfaze 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_ordinanc_es _Thes ahilirar;�„ �r __> >. -----__-- - dEmo�itian offT sfrucfnre to be completed within fdteen (15) days after the date of the Council 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 Legislarive Hearing Officer was considered by the Council; now therefare 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 1076 Wakefield Avenue : That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � Q 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 Ordex to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Neighbarhood 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. 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 detrimentai to the public peace, health, safety and welfaze 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 appiicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicahle codes and ordinances. The rehabilitarion or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. AA-ADA-EEO Employer D� ��� 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 sriucture, fill the site and chazge the costs incurred against the Subject Property 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 -- shaft�e iemoveTfrom tIie propertiy by tTie responsibTe partiesTiy et�end oftliis tune peno�- ---- If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul sha11 remove and dispose of such property as provided by law. 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. Requested by Department oE Adopted by Council: Date �o \'� �\ �i 6�}��� Adoptio ;' ed C cil retary B Approved y �ay : Date � By: Neighborhood Housing & Property Improvement /�1L� i �/ Fori By: Fon By: AA-ADA-EEO Employer o� -� �► � Greee:Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � NH — Neighborlwod Housing/Propecry ConfactPgrson & Phone: Bob Kessler - xmst ee on 07J1lN-06 ContractType: RE�{2ESOLU710N 2&APR-06 � ' 0 %15sign 1 Number Z For Routing 3 qyyr 4 5 Total # of Signature Pages (Clip All Locations forSignature) Green Sheet NO: 3030632 unril iN Cler ' Cierk Ciry Council to pass this tesolution which wiR order the owner(s) to remove or repa'u 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 1076 Wakefield Avenue. �datia�s: App`o�,e (A) w Reject Planning Commission GIB Committee CiHI Senice Commission 1. Has this persoNfirtn e�er woiiced under a contract for this department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill not rrortnally possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attxch to green sheet Initiating Problem, Issues, Opportunity (Who, Wha; 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 Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given au order to repair or remove the building a[ 1076 Wakefield Avenue by April 27, 2006, and have failed to comply with those orders. Advantages If Approved: The City will eliminate a nuisance. MAY 1 6 2606 Disativantages If Approved: �� The City will spend funds to wreck and remove this building(s). These costs will be assessed to the assessment against [he property taxes. Disadvantages If Not Approved: A nuisance condirion will remain unabated in the Ciry. This building(s) will continue to blight the communiry. Total Amount of Transaction: Funding Source: Financial Information: (Explain) $J,�O� Cosf/RevenueBudgeted: Y 4Juisance Housing activitv wumber: 3025'I � ��, � Abatement � ; C53`3��'��f°'�b'*.�F.,a,�,� 1' 'a:�i€� li O L�U� May Z, 2006 4:50 PM Page 1 IrEIGHBORHOOD HOtiSI`G A�D PROPERTY I�iPROVE�iE�T Bob Kessler. Directw� CITY OF SAlNT PAUL Christopker B. Co(eman, bla}�or W. ��itisance B«ilding Enforcenaent 1600 Whire Bear.lve__.__��" _ TeL; (6�1) 266-190J _,___. __ Saint Paul. ;4I.V Si (06 � Fax: (6Sl) 266-1936 �� �xeers:smh C�r`�Bf .F ` � �� Apri128,2006 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Neighborhood Housing & Property Improvement , Vacant/1Vuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution orderin� the repair or removal of the nuisance building(s) located at 1076 Wakefield Avenue: The City Council has scheduled the date of these hearings 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 7P Mor�an Chase Bank CO Select Portfolio Sen�icin� P.O. Box 65250 Salt Lake City, UT 84165-0250 The legal description of this property is: Interest Mort�a�e Holder(Fee Owner Lots 11 and 12, Block 4, H.F. Schtivabe's Addition to St. Paul, Minnesota. � AA-ADA-EEO Employer 1076 Wakefield Avenue Apri128, 2006 Page 2 �� 5�-f � \Tei�hborhood Housing &: Property Improvement has declared this buildin�(s) to constitute a _- _______________"nuisanc�'-as��raed-hy-i.-e;islative£od�£�rapter�}5. ropei=ty � Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� the dzficiencies or by razin� and removing this building(s). Inasmuch as this Order to Abate has not been complied �vith 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 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 Housin� & 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 taxes. Sincerely, Steve Magner Steve Ma�er Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:mI cc: Frank Berg, Building Inspection and Desi� Judy Hanson, City Attorneys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division �-�e,m �f � c�c�- �� 1 LEGISLATNE HEARING MINUTES OF MAY 16, 2006 Page 11 condition wluch comprises a nuisance as defined by the leg}slative code. The Vacant Building fees aze not paid. Tasation has placed an estimated market value of $38,600 on the land and _.___.._�126,�Q9-��e b���i�g� �ce£-vde �vmgiiance Inspection�as riofbeen comp ete anc�a o�nd has not been posted. 2005 taxes aze delinquent. Code Enforcement Officers estimate the cost to repair ttus structure if $S,Q00 to $80,QQ�. The estunated 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. Magner responded about I S 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 original code compliance certificate was issued, it was issued under some dwess 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, etc. 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 approval of the resolution to remove the building in 15 days. She requested a landmazk photograph. The photographs she has aze all interior. � Resolution ordering the owner to remove or repair the building(s) at 1076 Wake£eld Avenue. 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 single family dwelling with a two sta11 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 summary 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 constirizte 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 property remains in a condition which comprises a nuisance as defined by the legislative code. The 2004 and 2005 vacant buiiding 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. Rea1 estate t�es for 20Q4 and 2Q05 are delinquent for $3,891.24. Estimated repairs are between $60,000 to $80,000 and demolition is between $8,000 and $9,QQ0. All the suminary abatement notices have gone to work order over the past two years. GYQ-5�f ( LEGISLATNE HEARING IvIINiJTES OF MAY 16, 2006 Page 12 Ms. Moermond asked is this a foreclosure situarion. Mr. Magner responded possibly. The _ mortgage company was noiifiecL-He-hasuo2-�ear�-�em t3�e�ypieal-incumbents: 3f tlre mortgage company would pursue foreclosure, they would rectify the taac situation. Ms. Moermond recommends approval of the resolution to remove in 15 days. The hearing was adjourned at 12:14 p.m. rrri