Loading...
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., 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 ob-n1 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 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 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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: 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 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 b�O� �� 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. 6 7 9 10 11 12 13 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 ✓ ✓ ✓ Navs Requested by Department of: Absent Nei hborho Housin Pro ert Im rovement By: L- � /.., v' Form Appr�ved by City Attorney ✓ / � 1� , L_. �� ��,/�J � `� r/ BY � ! "�" `" �Y ✓ , � /� � / 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 � � �� @ � ����@�9�� @ 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 �r ?����%�'"�I ���?§� � �y � � � 2�i�5 - ;�'r��.E='. ' . Y ;, o �.�,� 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, •� !f =r - , 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 ccnph ., ' AA-ADA-EEO Employer s;°c � ,, r fi. -.. LEGISLATIVE HEARING — January 3, 2006 Page ����� 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. o �-�� 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.