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06-672AMENDED — 8/02/06 'resented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Committee: Date 4d Council File #, O � � ` Green Sheet # 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 3 wrecking and removal of a two-story, wood frame, single family dwelling and the detached, 4 one-stall, wood frame garage located on property hereinafter referred to as the "Subject 5 Property" and commonly known as 2038 Fourth 5treet East. This property is legally described 6 as follows, to wit: Lot 11, Block 2, Hazel View, an Addition to the CiTy of St. Paul, Minnesota 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvement on or before March 14, 2006, the following are the now known interested or responsible parties for the Subject Property: Mazk Dochniak, 2038 4` Street East, St. Paul, MN SSll9-4008; GMAC Mortgage, Attn: Customer Service, P.O. Box 4622, Waterloo, IA 50704-4622 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 May 03, 2006; and WIIEREAS, 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 shucture located on the Subject Property by June 02, 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 Neighbarhood 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 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 AA-ADA-EEO Employer D(o �oti 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 85 86 87 WHEREAS, a hearing was held before the Legisiative Hearing Officer of the Saint Paul City Council on Tuesday, July 11, 2006 to hear tesfimony and evidence, and after receiving testimony and evidence, made the recomxnendation to approve the request to order the interested or responsible parties to 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 in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of the structure to be completed within �'�eetrE��) days after the date ofthe Council Hearing; and one hundred eighty (180) WfIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 19, 2006 and the testimony and evidence including the action taken by the Legislative 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 2038 Fourth Street East: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. E� 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 conect the deficiencies or 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. 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, heaith, 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 applicable codes and ordinances, or in the altemative by demolishing and removing the siructure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the stnxcture must be completed within fi#'teen-{15) days after the date of the Council Hearing. one hundred eighty (180) AA-ADA-EEO Employer ss 89 90 91 92 93 94 95 96 97 98 99 00 O1 02 03 Q4 OS 2. If the above conective 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 charge the costs incurred against the b�-6 �� Subject Proper[y 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 tt�e City of Saint Paul, all 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. 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. Yeas ✓ Requested by Department of: Neighborhood Housing & Property Improvement ��" ���� ✓ Adopted by Council: Date AdopUOn Certified by Council Se�tary BY� ��/A/ � Approved b! a �or D te g '/ �(� B � Form Appro � by Ciry Atto y, By: Form A ved y ayor f b on to Council B _ August 2, 2006 City Council Action Minutes Page 8 40. Resolution — 06-672 — Ordering the owner to remove or repair the building(s) at 2038 Fourth Street East within fifteen (15) days from adoption of resolution. (Public hearing continued from July 19, 200� (GS 3Q30995) (Legislative Hearing O�cer recommends laying over to the July 25 Legislative Hearing provided the following conditions are met by noon on July 19, 2006: 1) a$5,000 performance bond is posted; and, 2) an agreement is reached between the owner and GMAC, the mortgage company, on completion of the rehabilitation.) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas — 7 Nays — 0 (The owner was granted 180 days for rehabilitation of the structure, conctitioned upon develoging a work plan with 30-day deadlines to be approved by the Legislative Hearing Officer.) b �-6 7� � Green Sheet Green SheeY Green Sheet Green Sheet Green Sheet Green Sheet � Depar6nentlofice/council: Date Initiated: �� Y°> f r ��'" � n(f{ – Neig66orhoodHousin�JPropecry �,� Green Sheet NO: 3030995 �v Confact Person & Phone: Bob Kessler 26fr1927 19,IUL-06 ContractType: PH-PUBLIC HEARING (RESOLUTION) -, Departrnent SentTOPerson InifiallDafe 0 � 66or ood Noosin ro er Assign 1 i h6ar d Housin r er De artne t Director � Number j i Atto ne For RW 3 avo ' Oti M /A ' ta� Ord¢f 4 uucii 5 ' Cler Ci erk Sotal # of Signature Pages _(Clip All Locations for Signature) City Council to pass this resolution which will order the owner(s) to remove oc Lepair the zefetenced building(s). If the ovmer fails to comply with the resolution, Neighborhood Housing & Properry Improvement is ordered to remove the building. The subject property is located at 2Q38 Fourth S�eet EasC. �tlations: Appro�e (A) or Reject Planning Commission CIB Committee CiHI Service Commission Personal Service Contracfs MustMswerthe Follawing Questions: 7. Has this persorJfirtn e�er worked under a contract for this department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes Na 3. Does this person/firm possess a skill not nortnally possessed by any curreM city employee� Yes No Explain all yes answers on separete sheet antl attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacam building as defined in Chapter 43 of the Saint Pau'. Legislative Code. The owners, interested parties and responsible padies known to the Enforcement Officer were given an order to repair or remove the building at 2038 Fourth Sheet East by June 02, 2006, and have failed to comply with those orders. Ativantages IfApproved: The City will eliminate a nuisance. Disadvantages 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 property taxes. Disadvantages lf Not Approved: A nuisance condition will remain unaba[ed in the City. This building(s) will continue to blight the commuuity. JAmountof $g000 7ransaction: Funaing source: Nuisance Housing Financiailnformation: Ab8S8fnefll (Explain) Cost/Revenue Budgeted: Y Activiry Number: 30251 C����ji ��search Cefl#�C �JUN 22 � June 9, 2006 11:05 PM Page 1 CIT`Y OF SA1NT PAUL Christopher B. Coleman, Nlayor June 09, 2006 NEIGHBORHOOD HOUSI\G Ati'D D�,� �� PROPERTYIVIPROVEMENI Bob Kessler, Director Nuisance Building Enforcen:ent 1600 lYhite Bear Ave ��' Tek (6�1) 266-1900 SaintPaul,hfN5.5106 F¢r:(6.51J266-19?6 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Neighborhood Housing & Property Improvement , VacanUNuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at 2038 Fourth Street East The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 11, 2006 City Council Hearing — Wednesday, Jtily 19, 2006 The owners and responsible parties of record aze: Name and Last Known Address Mark Dochniak 2038 4` Street East St. Paul, MN 55119-4008 GMAC Mortga�e Atm: Customer Service P.O. Box 4622 Waterloo, IA 50704-4622 Interest Fee O�rner Mort�a�e Holder Council Research Center JUN 21 �10 The legal description of this property is: Lot i l, Block 2, Hazel View, an Addition to the City of St. Paul, Minnesota AA-ADA-EEO Employer a�-���, 2038 Fourth Street East June 09, 2006 Pa�e 2 Nei�hborhood Housin� & Property Improvement has declared this building(s) to constitute a "nuisance" as defined by Le�islative Code, Chapter 45. Nei�hborhood Housing & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� the deficiencies or by razing 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 Neighborhood Housing & Property Improvement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildirig 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, Steve Magner Steve Magner Vacant Buildings Supervisor Neighborhood Housin� & Property Improvement SM:mI cc: Frank Berg, Building Inspection and Design 7udy Hanson, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housin; Division Cl�- C�`12 4. Resolution ordering the owner to remove or repair the building(s) at 2038 Fourth Street � 3 � East. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building. (NHPI) Mr. Magner stated the building was a two-story, wood frame singie-family dwelling on a lot of 5,227 square feet. The building had been vacant since September 20, 2044 due to a fire. The building also constituted a nuisance as there had been seven summary abatements at the properiy: 1) several notices to remove garbage, rubbish, scrap wood; and 2) several notices to cut tall grass and weeds. The vacant building fees were due and owing in the amount of $375.00, a code compliance inspection had been conducted on Apri127, 2005, however, a performance bond had not been posted. According to Ramsey County Taxation, ta�ces and mortgage payments were current. Taxation had placed an estimated market value of $45,500 on the land and $75,000 on ihe building. The estimated cost to repair the building was approximately $80,0�0 to $90,000. The estimated cost to demolish the building was approximately $8,000 to $9,000. It was his opinion that this boarded building was also an attractive nuisance and a place for youth to congregate. He presented photographs of the building. Mark Dochnaak, property owner, stated the mortgage company had locked him out and when he cut the lock off so he could continue the rehab work, they put another lock on the door. The interior of the house was completely gutted and he had replaced some of the windows. He also stated he had paid the performance bond with a personal check on July 3, 2006. He cunentiy had an outstanding balance of $] 0,000 owing on his mortgage and he believed he would have had the work completed by now if he had not been locked out. Mr. Magner stated he believed the mortgage company had concerns about disbursing all of the funds because they were unsure whether the funds were being used to complete rehabilitation on the house. The settlement with the insurance company was $67,000 and the mortgage company retained $10,000 ofthose funds. David McCalip, attorney with Wilford & Geske, stated he had been retained by the mortgage company, GMAC, to represent them on this matter. It was his understanding that the property had not been foreclosed on. Ms. Moermond recommended laying over to July 25 Legislative Hearing provided the following conditions are met by noon on July 19, 2006: 1) a$5,000 performance bond is posted; 2) an agreement is reached between the owner and GMAC, the mortgage company, on completion of the rehabilitation.