06-73Council File # —��
Green Sheet # ��a°� 03 3
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
29
Committee: Date
1 WHEREAS, Neighborhood Housing & Properiy Improvement has requested the City Council to
2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and
3 removal of a two-story, wood frame single family dwelling with 3 wood and metal sheds, located on
4 property hereinafter referred to as the "Subject Property" and commonly lrnown as 355 Cottage Avenue
5 West. This property is legally described as follows, to wit:
Lot 3, Cottage Homes, except the North 480 feet.
9 WHEREAS, based upon the recards in the Ramsey County Recarder's Office and information
10 obtained by Neighborhood Housing & Properiy Improvement on or before May 31, 2005, the following
11 are the now known interested or responsible parties for the Subject Property: Bank of America, N.A.,
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Lawrence A. Wilford & James A. Geske, POA, Foreclosure Doc # 1525734, 7650 Currell Blvd., Suite
300, Woodbury, MN 55125; Doris G. Doefler, Edward G. Doefler, Curits E. Doefler, 355 Cottage Ave.
West, St. Paul, MN 55 1 1 7-43 1 1
WFiEREAS, 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 November 2, 2005; and
WHEREAS, this order informed the then lmown 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 ar responsible parties that they must repair or
demolish the structure located on the Subject Property by December 1, 2005; 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
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 tune, date, place and purpose of
the public hearings; and
AA-ADA-EEO Employer
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1 WIIEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
2 Council on Tuesday, January 3, 2006 to hear testimony and evidence, and after receiving testimony and
3 evidence, made the recommendation to approve the request to order the interested or responsible parties
4 to make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare and
5 remove its blighting influence on the community by rehabilitating this struchue in accordance with all
6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in
7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the stnxcture to
8 be completed within fifteen (15) days after the date of the Council Hearing; and
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WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, January 18,
2006 and the tesrimony 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 355 Cottage Avenue West:
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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 tivs building(s) is estimated to exceed three
thousand dollazs ($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 lrnown responsible
parties to correct 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 Properiy 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, health, safety and welfare and remove its blighting influence
on the community by rehabilitating this shucture 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 alternative by demolishing and removing the structure in
accordance with all applicable codes and ordinances. The rehabilitation or demolition and
removal of the shucture must be completed within fifteen (15) days after the date of the Council
Hearing.
AA-ADA-EEO Employer
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1 2. ff the above corrective action is not completed within this period of time Neighborhood Housing
2 & Properiy Improvement is hereby authorized to take whatever steps are necessary to demolish
3 and remove this structure, fill the site and charge the costs incurred against the Subject Property
4 pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
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3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
properry 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 tune 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.
Benanav
Montaomerv
Bostrom
Thune
Harris
Lantrv
Helaen
Yeas
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Requested by Department of:
Absent Nei hborho Housin Pro ert Im rovement
By: L-
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v' Form Appr�ved by City Attorney
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� /� � / Approved by Mayor for Submission to Council
By: �
AA-ADA-EFA Employer
Adoption Certified by Council Secretary
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
l Ifn a� I�
Departme�lofficelwuncil: Date initiated: v � ��
NH NeigfiborhoodHousing/ftoperty 0&DEGOS Green Sheet NO: 3029033
ConfaG Person & Phone- DeoartrneM Sent To Person InitiaVDate
Mdy Dawkins � 0 ei hborhood Aousin ro er
Z6&�92� Assign 1 ei hborhoodHousi ro er De artmentDirector — �d OS
Must Be on Council Agenda by (Date): Number ;' '� —pS
18-JAN-06 2 i Attorne
For
Routing 3 avor's O�ce Mavor/Assistant
Order 4 ou cil
5 Clerk CS Clerk
Total # of Signature Pages _(Clip All Lowtions for Signature)
Adion Requested:
City Council to pass this resolution wluch 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 property
is located at 355 Cottage Avenue West.
Recommendations: Approve (A) or Reject (R): Personal Service ContrecGS Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally passessed by any
curreat c�ly employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in C7�apter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
I,egislarive Code. The owners, interested parties and responsible parties l�own to the Enforcement Officer were given an order to
repair or remove the building at 355 Cottage Avenue West by December 1, 2005, and have failed to comply with those orders.
Advantages If Approved:
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 properiy ta�ces.
Disadvantages If Not Approved:
A nuisance condition will remain unabated in the City. Tlus building(s) will continue to blight the community.
Total Amount of
Transadion: 8000 CosURevenue Budgeted: y �
Fundin9 sburce: Nuisance Housing A���iry Number: 30251
Financial information: Abatement ��� � � a�o��
(ExPlain) �.'r��°� c�c��or�y' p � q �
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DEC 2 0 2005
CITY OF SAPi 1T PAUL
Randy C. Kefly, May�os
December 9, 2005
NEIGHBORHOOD HOUSING & PROPER7Y IMPROVEMENT
Andy Dawkirts, Program Manager
Nuisnnce Building Code Enjortement �� ���
7600Nonh [%hiteBearAvenue Tel: 65/-2661900
SaintPa+e1,MN55/06 F¢r:6�1-2667926 ,
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Neighborhood Housing & Property Improvement , Vacant/I�'uisance Buildings Enforcement
Division has requested the City Council schedule public hearin�s to consider a resolution
ordering the repair or removal of the nuisance building(s) located at:
355 Cottage Avenue West
The City Council has scheduled the date of these hearings as follows:
LegisiaYive Hearing - Tuesday�, Janua3 3, 2005
City Council Hearing - Wednesday, January 18, 2006
The owners and responsible parties of record are:
Name and Last Known Address
Bank of America, N.A.
Lawrence A. Wilford & James A. Geske
POA, Foreclosure Doc # 1525734
7650 Currell Blvd., Suite 300
Woodbury, NN 55125
Doris G. Doefler
Edward G. Doefler
Curits E. Doefler
355 Cottage Ave. West
St. Paul, MN 55117-4311
The le�al description ofthis property is:
Lot 3, Cottage Homes, except the North 480 feet.
AP.-ADA-E O Emp(oyer
Interest
Mortga�e Holder
Fee Qwner
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355 Cottage Avenue West
December 9, 2005
Pa�e 2
Neighborhood Housin� & Property Improvement has declared this buildin�(s) to constitute a
"nnisance" as defined by Le� slative Code, Chapter 45. Neighborhood Housing & Property
Improvement has issued an order to the then Irnown responsible parties to eliminate this nuisance
condition by correcting the deficiencies or by razin� and removin� this building{s).
Inasmuch as this Order to Abate has not been complied cvith the nuisance condition remains
unabated, the community continues to suffer the bli�hting influence of this properiy. It is the
recommendation of the Neighborhood 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 Housing & Property
Improvement to proceed to demolition and removal, and to assess the costs incuned against the
real estate as a special assessment to be collected in the same manner as taaces.
Sincerely,
•�
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,
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housin� & Property Improvement
SM:mI
ca Frank Berg, Building Inspection and Desigi
Judy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
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LEGISLATIVE HEARING — January 3, 2006 Page
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Resolution ordering the owner to remove or repair the building(s) at 355 CottaEe
Avenue West. If the owner fails to comply with the resolution, Neighborhood
Housing and Property Improvement is ordered to remove the building(s).
No one appeared.
Mr. Magner provided a staff report. He was somewhat surprised that the owner did not
appear. The owner was present to allow the inspectors to go through the property. 355
Cottage is a 1'/z-story, wood frame, single-family dwelling on a lot of 26,236 square feet.
It has been vacant since Apri127, 2005; a fire occurred at the site that sigiificantly
damaged the structure. It was considered a total loss. The City did need to board the
structure at that time. Two (2) Summary Abatements have been issued since to clean the
yard. The owner has a number of accessory structures on the site in which he stares
materials, mostly scrap wood, scrap metal and debris. Ms. Moermond asked the zoning
of the property. Mr. Magner replied that currently, it is zoned residential. Mr. Magner
continued to say that on October 12, 2005, 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 Nuisance Building was posted on November 1, 2005 with
a compliance date of December 1, 2005. As of today, the property remains in a condition
which comprises a nuisance as defined by the Legislative Code. The City has had to
boazd the building to secure it against trespass. The Vacant Building fees were paid as of
January 3, 2006. TaYation has placed an esrimated market value of $129,000 on the land
and $38,600 on the building. This building has been appraised recently. A Code
Compliance Inspection Report was last completed on December 5, 2005 and is attached
to the file. A bond has not been posted. The City esrimates repairs between $80,000 ad
$90,000; demolition between $7,000 and $8,000. Neighborhood Housing and Property
Improvement is seeking a resolution to repair or remove this building within 15 days.
Mr. Magner noted that his office received complaints several times that the property
might still be occupied. Upon follow-up, it was hard to believe that someone would stay
there. The property even smells heavily of smoke and soot; the smoke damage is so
extensive. The properiy is not something that would be salvageable.
Legislative Hearing Officer recommends granting the owner 15 days to remove or repair
the building.
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REPORT
Date: January 3, 2006
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Boulevard
LEGISLATIVE HEARING FOR ORDERS TO REMOVE 1 REPAIR,
CONDEMNATIONS, ABATEMENT ASSESSMENTS, ABATEMENT ORDERS, and
RENTAL REVOCATION CERTIFICATES
Marcia Moermond
Legislative Hearing Officer
1. Resolution ordering the owner to remove or repair the buildings(s) at 431 Pa2e
Street East. If the owner fails to comply with the resolution, Neighborhood
Housing and Property Improvement is ordered to remove the building(s).
Legislative Hearing Officer recommends granting the owner an additional 180 days
to complete the rehabilitation of the properiy on condition that a$2,000 bond is
posted and both a Work Plan and a Financial Plan are submitted no later than the end
of business on Friday, January 13, 2006.
2. 1774 Norfolk Avenue
Legislative Hearing Officer recomxnends granting the owner an addifional 180 days
to complete the rehabilitarion of the properry on condirion that a Financial Plan is
submitted no later than the end of business of Tuesday, January 10, 2006.
3. Appeal of Letter from Neighborhood Housing and Property Improvement for
2194 Nortonia Avenue; owner: P. Mulvaney.
Legislative Hearing Officer recommends granting a Layover to Tuesday, January 10,
2006.
4. Resolution ordering the owner to remove or repair the building(s) at 779
Edmund Avenue. If the owner fails to comply with the resolution, Neighbor-
hood Housing and Property Improvement is ordered to remove the building(s).
Legislative Hearing Officer recommends granting the owner 15 days to remove or
repair the building.
* 5. Resolution ordering the owner to remove or repair the building(s) at 355 Cotta�e
Avenue West. If the owner fails to comply with the resolution, Neighborhood
Housing and Property Improvement is ordered to remove the building(s).
Legislative Hearing Officer recommends granting the owner 15 days to remove or
repair the building.