Loading...
06-74A M E N D E D Council File # � ,? Green Sheet # 3oa� 032 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To , : •r Committee: Date 1 WHEREAS, Neighborhood Housing & Property 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, duplex and the detached, two-stall, garage located on property 4 hereinafter referred to as the "Subj ect Properiy" and commonly known as 779 Edmund Avenue. This 5 property is legally described as follows, to wit: 6 7 Lot 21, Chute Brothers Division No. 11, Addition to the City of St. Paul, Minnesota. 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information 1 O obtained by Neighborhood Housing & Property Improvement on or before May 31, 2005, the following 1 1 are the now known interested ar responsible parties for the Subject Property: Barbara Licon, 12 Fremont Investment & Loan, P.O. Box 34078, Fullerton, CA 92834-34078; Joel Rivard — Rivard 13 Homes, P.O. Box 98, Forest Lake, MN 55025-0098; Joel Rivard, 779 Edmund Ave, St. Paul, MN 55104 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislarive Code an arder identified as an "Order to Abate Nuisance Building(s)" dated November 28, 2005; and WHEREAS, 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 shuchxre located on the Subject Property by December 7, 2005; and WHEREAS, the enforcement officer has posted a placard on the Sub}ect 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 time, date, place and purpose of the public hearings; and 3� AA-ADA-EEO Employer tit�-'ly 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, January 3, 2006 to heaz 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 Property safe and not detrimental to the public peace, health, safery and welfare and 5 remove its blighting influence on the community by rehabilitating this structure 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 structure to 8 be completed within f#�eea{-�3� days after the date of the Council Hearing; and 9 thirty (30) 10 11 12 13 14 15 lb 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 testimony and evidence including the action taken by the Len slarive 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 conceming the Subject Property at 779 Edmund Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. � L'� 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 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 Properiy safe and not detrimental 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 applicable codes and ordinances, or in the alternarive by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within €rfEeerrFl sj-days after the date of the Council HeaYing. thirty (30) AA-ADA-EEO Employer ne-�y 1 2. If 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 3. In the event the building is to be demolished and removed by the CiTy of Saint Paul, all personal 7 property or fixtures of any kind which interfere with the demolition and removal shall be 8 removed from the property by the responsible parties by the end of this time period. If all 9 personal properiy is not removed, it shall be considered to be abandoned and the City of Saint 10 Paul shall remove and dispose of such property as provided by law. 11 12 4. It is further ordered, that a copy o£this resolution be mailed to the owners and interested parties 13 in accordance with Chapter 45 of the Saint Paul I,egislative Code. Yeas Navs Absent Benanav � Mon tcrome rv y Bostrom � Thune � Harris v Lantrv ,/ Helqen ,/ .� d a Adopted by Council: Date _ l�r� �5,�/� Adoption Certified by Council Secretary By: Approved By: Date � � �9 Requested by Department of: Nei hbor od Housin Pro ert Im rovement g � Form Appr�ved by City A,ttorney f By. �� � � /� Approved by Mayor for Submission to Council By: f ���/1/`�� "` ' � AA-ADA-EEO Employer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � n�-�ly DepartmeM/officelcouncil: Date Initiated: NH — NeighborLoodHousinpfPropeny 03DEC-05 Green Sheet NO: 3029032 ConWCt Person 8 Phone: DeoartrneM SeM To Person Inkial/Date Mdy Dawkin5 � 0 ei hborhood Ao sin ro er 26Cr'1927 /��9n 1 ei hborhoodAo sin ro er De artmentDirector —(� Must Be on Council qgenda by (Date): Number Z ;tv Attornev ��_2.-/___ �a5 1&JAN-O6 For RoUting 3 vor•s Office Mavor/Assistant - Order 4 ouncil 5 Clerk Ci Clerk ToWI # of Signature Pages _(Clip NI Locations for Signature) Action Requested: � City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to com�ly with the resolurion, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 779 Edmund Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1. Has this person�rm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/frm ever been a city employee? Yes No . 3. Does this person/firm passess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Tlus 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 Legislative Code. The owners, interested parties and responsible parties laiown to the Enforcement Officer were given an order to repair or remove the building at 779 Fdmund Avenue by December 7, 2005, and have failed to comply with those orders. Advantages If Approved: The City will eluninate a nuisance. Disadvantages If Approved: The City will spend funds to wreck and xemove t}ris building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. Disadvantages If Not Approved: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the co�simiuiity. � Total Amount of � Transaction: 10000 CosURevenue Budgeted: y Fundingsource: NuisanceHousing activttyNumner. 30251 �E� �� 20oJ FinanciallnformaYion: '�atemenY ��ExPlain) �6�� ����8���� ' ��"a' a��.'u�F;aYC�S �°A'1fi�C� NEIGHBORHOOD HOUSL�IG& PROPERTY IMPROVEMEN7 Andy Dmvkins, Progrnm Manager C �Y�r" JC11LV1 PAVL NuisnnteBuildingCodeEnforremenl T Randy C. Ke11y, Mayror l600 North White Bear Avenue Tel: 657-266-1900 SaintPaul, M<N 55106 Fax: 651-266-1926 December 9, 2005 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Neighborhood Housing & Property Improvement , VacantlNuisance Buildin�s Enforcement Division has requested the City Council schedule public hearings to consider a resolution ardering the repair or removal of the nuisance building(s) located at: 779 Edmund Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, January 3, 2006 City Council Hearing - Wednesday, Janu�ry 18, 2006 The owners and responsible parties of record are: Name and Last Known Address Joel Rivard — Rivard Homes P.O. Box 98 Forest Lake, MN 55025-0098 3oel Rivard 779 Edmund Ave St. Paul, MN 55104 Barbara Licon Fremont Investment & Loan P.O. Box 34078 Fullerton, CA 92834-34078 The legal description of this property is: Interest Fee Owner Fee Owner Mortga�e Holder �-&�.: `d� �;��;��: �;.„ ���� ��� � 9 ��G5 Lot 21, Chute Brothers Division No. 11, Addition to the City of St. Paul, Minnesota.. AA-ADA-EEO Emplayer �IAr�� l V/ 774 Edmund Avenue December 9, 2005 Page 2 Neighborhood Housing & Property Improvement has declared this building(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Housin� & 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 buiiding 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, �� � ` i i . Steve Magner Vacant Buildings Supervisor Neighborhood Housin� & Property Improvement SM:ml cc: Frank Berg, Building Inspection and Desi� Judy Hanson, City Attorneys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO Employer LEGISLATIVE HEARING — January 3, 2006 Page 8 � 10 �� Resolution ordering the owner to remove or repair the building(s) at 779 Edmund Avenue. 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: this is a 2-story, wood frame duplex on a lot of 4,782 squaze feet. According to their records, it has been a Vacant Building since February 10, 2005. The current property owner is Joel Rivard of Rivard Homes. There have been siY (6) Suminary Abatements issued to cut tall grass and weeds, clean the yard, etc, and on October 28, 2005, an inspection of this building was conducted and a list of deficiencies which constitute a nuisance condition was developed; photographs were taken. An order to Abate Nuisance Building was posted on November 7, 2005 with a compliance date of December 7, 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 board the building to secure against trespass. The Vacant Building fees of $375 have not been paid as of January 3, 2006. Ta�cation has placed an estimated market value of $40,800 on the land and $149,900 on the building. A Code Compliance Inspection Report was completed last March and is attached to the record. A bond has not been posted. Estimated repairs are beriveen $60,000 and $70,000 with demolition between $8,000 and $10,000. Neighborhood Housing and Property Improvement recommends a resolution to remove or repair this building within 15 days. It is Mr. Magner's understanding that Mr. Rivard has told their inspectar that he owes too much money on the property and will allow the property to go back to the mortgage company. He paid an amount significantly too high for this property. Ms. Moermond asked if this could possibly be a case of predatory lending. Mr. Magner stated that it could be. Mr. Magner added that the first floor of the building is completely gutted. The City has had to maintain the property. Ms. Moermond asked if he knew who the mortgage company was. Mr. Magner answered that Freedom Investment and Loan of Fullerton, California, was notified and notices have been posted on the property. Ms. Moermond asked if the building were in imminent danger of collapse. Mr. Magner responded that it was not in danger of collapse, but is has been a Registered Vacant Building before and is located on somewhat of a troubled block. The homes on either side of it appear to be in the process of being rehabilitated. The structure could be rehabilitated but no one is stepping forwazd to do so. Legislative Hearing Officer recommends granting the owner 15 days to remove or repair the building. e�-� 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 / REPAII2, CONDEMNATIONS, ABATEMENT ASSESSMENTS, ABATEMENT ORDERS, and RENTAL REVOCATION CERTIFICATES Marcia Moermond Legislative Hearing Officer l. Resolution ordering the owner to remove or repair the buildings(s) at 431 Page 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 recommends granting the owner an additional 180 days to complete the rehabilitation of the property on condition 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 owuer 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.