06-747Council File # ��
Green Sheet # ����t�'(
LUTION
ESOTA
Presented by
ybt`uhing a Stay in Implementation of Council File #06-281
An Order to Remove or Repair 52King Street
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i WHEREAS, the Saint Paul City Council adopted Council File #06-281 on March 15, 2006, an Order to
2 Remove or Repair the buildings at 52 King Street within 30 days; and
3
4 WHEREAS, Matt O'Haza of Saint Paul secured a purchase a�eement and seeks to rehabilitate the property;
5 now, therefore be it
� RESOLVED, that the CiTy Council hereby grants a stay in the implementation of Council File #06-281
8 pending the outcome of a legislative heazing where Mr. Nelson needs to demonstrate the following: 1) code
9 compliance inspection report has been completed; 2) vacant buiiding fees aze paid and cunent; 3) any due and
10 owing real estate tases are paid; 4) a work plan addressing the scope of the repairs listed in the compliance
t t report is prepared and approved; and 5) a financial plan is prepazed and approved indicating the fmancial
12 where-with-all to complete the rehabilitation; and
13
14 RESOLVED, the legislarive hearing is scheduled for August 15, 2006 and City Council public hearing
15 September 6, 2006.
16
Yeas Nays Absent
Benanav �
Bostrom �
Harris ,i
Helgen �/
Lanhy �/
Montgomery ✓
Thune ✓
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Adopted by Council: Date 7
Adoption Certified by Council Secretary
By: �
Approved b r: Date f �(
By:
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Form Approved by City Attorney
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Approved by Mayor for Submission to Counci]
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Requested by Department of:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet �
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DeparlmenUoffice/council: Date initiated:
co -���1 o2-AU� Green Sheet NO: 3031819
Contad Person 8 Phone• Ueoarlment Sent To Person InitiaUDate
Marcia Mcertnond � 0 oaocii
2 �' $ �� Assign 1 ouncil De rtmeo[Director
Must Be on Council Agenda by (Date): Number Z � e k
For
Routing 3
Order 4
5
Total # of Signature Pages ` (Clip All Locations for Signature)
Action Requested: �
Granting a stay in the implementation of Council File 06-281 pending the outcome of a Legislarive Hearing on August 15, 2006, and
City Council Public Hearing on September 6, 2006, for 52 King Street East.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission t. Has this personffirm 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. Does this personffirtn possess a skill not normalty possessed by any
- wrrent 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):
AdvaMages If Approved: ,
Disadvanha9es If Approved:
Disadvantages If Not Approved:
Total Amount of CasURevenue Budgeted:
Transaction:
Fundint� Source: Activity Number:
Financial Information:
Council Research Center
(ExPlain) AUl7 Oc L��6
C��-�`��
A M E N D E D
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To
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Councit Fiie # G o?.�/
Green Sheet # 3 ��{
Committee: DaYe
WHEREAS, I3eighborhood Housing & Property Improvement has requested the Cily Counoil to
hold public hearings to consider the advisabifity and necessity of ordering the repair or wrecldng and
removal of a two-story, wood frame and masonry, single family dwelting and wood frame utility
shed located on property hereinafter referred to as the "Snbject Properiy" and commonly l�own as 52
T{ing Streef East. This property is legally describe.@ as follows, to wit:
West 35 feet of Lot 8 and West 4S feet of Lats 9 and 10, Block I13, West St. Pani.
WIIEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood $ousing & Property Improvement on or before May 31, 2005 , the follovving
are the now known interested or responsible parties for the Sabject Property: Lehman Brothers Bank
FSB, Anrora Loan Service,10350 Park Meadaws Drive, Littieton, CO 80124; Maureen
Breckman,1057 Portland Avenue, S� Paul, NIN 551047�11; Sean Breckman,1850 Eagle liidge
Drive #208, Mendota Heights, NTN 55118-4256; Lise Lachance, 66 King St. East, SL Paul, MN
55107-2924
WHEREAS, Neighborhood Housing & Froperty Improvement has served in accordance with the
provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate
Nuisance Building(s)" dated November 22, 2005 ; and
WHEREt1,5, this order informed the then lmown interested ar responsible parties that the
structure located on the Subject Properiy is a nuisance buildiag(s) pursuant to Chapter 45; and
WI-LEL2EA5, this order informed the interested or responsible parties fhat tkey must repair or
demolish tbe structure located on the SubjecT Properiy by December 2Z, 2005 ; and
WFiEREAS, the enforcement o�cer has posted a placazd on the Sub}ect Property declaring tius
building(s) to constitnte a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been cosected and Neighborhood Housing &
' Property Iinprovement xequested that the City Clerk schedule public hearings before the L.egislative
Hearing Officer of the City Council and the Saint Paul City Council; and
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WHEREAS, the intetested and responsible parties have been served notice in accordance with
the provisions of ChaQter 45 of the Saint Paul Legislative Code, of the fime, date, pIace and purpose of
the public hearings; and
WF3EREAS, a hearittg was heI@ before ttie Legslative Hearing Officer of the Saint Paul City
Council on Tnesday, Febrnary 28, 2006 to hear testimony and evidence, and after receiving testimony
and evidence, made the recommendafion to approve the request to order tfie interested or responsible
parties to make the Subject Property safe and not detrimentai to the public peace, heaith, sa£ety and
welfare and remove its hlighting influence on the community by rehabilitating tFus structure in
accordance with all applicable codes and ordinances, or in the altemafive by demolishing and removing
the strucfure in accordance with ail applicabie codes and ordinances. The rehabilitation or demofition of
the structure to be completed within £�ftee�(�Sj days after the date of the Council Hearing; and
thirty_"(30)
WH�REA5, a hearing was held before the Saint Paul City CouncIl on Wednesday, March 15,
2006, and the testimony and evidence including the action taken by the Legislative Hearing OfScer 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 Rindings and Order
concerning the Sub}ect Property at 52 King Street East :
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2. That the costs of demolition and removal of this building{s) is estimated to exceed three
thousand dollars ($3,000.00).
3. That there now exists and has existed multiple Housing or Building code violations at the
Subject Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then lmown responsible
parties to conect Yhe deficiencies or to demolish and remove the building{s).
5. That the deficiencies caztsing this nuisance condifioa have not been cosected.
6. T`hat Neiglaborhood Housing & Property Improvement has posted a placard on the
Subject Property whiah declazes it to be a nuisance condition subject to demolition.
7. That this building has been routinely monitored by Neighborflood Housing & Properiy
Improvement, VacauUNuisance Sui3dings.
8. That the lrnown interested garties and owners are as previously sfated in this resolurion
and that the notification requirements of Chapter 45 have been fuLfilled.
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The SainY Paul City Couacil hereby makes the following order:
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1_ The above referenced mteresfed or responsible parties shatl make the Subject Proper[y safe and
nof detaimentat fa the puhfic peace, health, safety and welfaze and remove its blighting in#luence
on the community by rehabilitating tlris structure and correcting ali deficiencies as prescribed in
the above referenced Order to Abate Nuisance Buiiding(s) in accardance with all applicabie
codes and ardinauces, or in the attemative by demolishing and removing the s�ucture in
accordance witfi all applicable codes and ordinances. The rehabifitation or demolition and
removal of the s�ucture musY be completed within-£�'feeu{}5) days after the date of the Council
fj thirty (30)
2. If the above corrective action is not comgleted within tlus period of time Neighborhood Housing
& Property Improvement is h�eby authorized to take whatever steps are necessary to demolish
and remove this structure, fill the site and charge the costs incurred against the Subject Property
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 the City of Saint Pau1, all personal
property or fixtures of any idnd which interfere with the demolirion and removal shail be
removed from tha properiy by the responsible parties by the end of t�is tnne period. If alf
petsonal properiy is not removed, it shall be considered to be abandoned and the City of Saint
Paul shadl 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 I,egislative Code
Requested by Depazmient of:
Neighborhood Housing & Property Improvemeat
Adoprion Czrtified by Council Secretary
B y' / _
Approved by �: Da � 3— I�- O(o
By, �/Lt-�-ULG`
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Adopted by Council: Date ///G�// /5� �pp�
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PROP HBORFF iPItOVE�tE\?Fv�,'D �����./I
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Bob Kessler, Director
CITY OF SA��'I' PAUL
Christopher B. Co7eman, Mayror
Nuisance Building Enforcemerst
February 3, 2006
16QOYY7�izeBearAveiV Tet: (b.il)26GI9DD
SainrPaul.hl.VS.i106 F¢Y: (6�1)26b-19?6
NOTICE OF PUBLIC HEARINGS
Conncil President and
Members of the City Council
Neighborhood Housin� & ProperEy Improvement , Vacanb�luisance 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 52 King Street East:
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, February 38, 2006
City Council Hearing — Wednesday, March 15, 2006
The awners and responsible parties ofrecord are:
Name and Last Known Address
Lehxnan Brothers Bank FSB
Aurora Loan Service
10350 Park Meadows Drive
Littteton, CO 80124
Sean Breclanan
1850 Eagle Ridge Drive #2Q8
Mendota Heights, MN 55 1 1 8-425b
Maureen Breckman
1057 Portland Avenue
St. Paul, MN 551047411
Lise Lachance
66 King St. East
St. Paul, MN 55107-2924
Interest
Mortgage Holder
Fee Owner
Fee Owner
��- .l� .1'�T i
AA-ADA-EEO Emplayer
52 King Street East
February 3, 2006
Page 2
The legal descriprion of this property is:
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West 35 feet of Lot 8 and tiVest 45 feet of Lots 9 and 10, Block 113, �Vest St.
Paul.
1�Teighborhood Housing & Property Improvement has declared this building(s) to
constitute a"nuisance" as defined by Legislative Code, Chapter 45. Neighborhood
�-Iousing & Propeny Improvement has issued an order to the then lrnown
responsible parties to eliminate this nuisance condirion by correcting the
deficiencies or by razing and removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance
condition remains unabated, the community continues to suffer the btighring
influence of this properiy. It is the recommendation of the Neighborhood
Housing & Property Improvement tha"t the City Council pass a resolution
ordering the responsible parties to either repair, or demolish and remove this
building in a timely mannez, and failing that, authorize the Neighborhood
Fiousing & Praperty Tmprovement to proceed to demolition and removal,
and to assess the costs incurred against the real estate as a special
assessrrtent to be collected in the same manner as taxes.
Sincerely,
Steve Magner
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing & Property Improvement
SM:mI
cc: Frank Berg, Building Inspection and Design
Judy Hanson, City Attomeys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
LEGISLA'FNE HEATZING MII�IU1'ES OF FE$RUARY 28, 2006
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Page 8
One of the requirements is to set up an appoinlmenY with Tim Seeger (License, Inspections,
Env�onmenta.l Protecfioa), and the issue of a bond would have to be taken care of befare a permit
can be pulled.
Ms. Mcermond asked when the work order was issue. Mr. Magner responded it was a Simunary
Abatement and that was in November 2005. On the reinspection, the owner was cleaning the
yazd. The vehicle may still be there. (There was some discussion about the van.)
Ms. Moermond asked do they have an attorney. Mr. Golden responded no.
Ms. Moermond stated that there is no question that this is a nuisance. This is what needs to
happen: 1) A new Coda Compliance 3nspection. 2) A performance bond needs to be deposited.
The code changed from being a$2,000 performance deposit to $5,000. It will be returned upon
completion if it is done within the timeline the City gives the owner. A building permit can be
extended if he is at the halfway mazk. 3) V acant building fees are due by the time this gces to City
Council on March 15. 4) A work plan is needed so that Ms. Moermond has assurance that the
owner has talked to contractors, understands permits need to be pulled, etc. She is loaking for
general statements af when contractors will be coming to do the work. 5} She needs to see that
the owner has the ability to pay thaY contractor. The owner has about two weeks to pull the plans
together. The first thing is to taIlt to Mr. Seeger.
Mr. Goiden stated the insurance company has it listed out what needs to be done.
In stunmary, Ms. Moermond is recommends granting the owner 180 days to complete the
rehabilitation of fhe properry on condition that the following is done by March 10: 1) Acquire a
new Code Compliance Inspeetion, 2} Post a$5,000 performance bond, 3) Pay the Vacant Building
fees, 4) Submit a work plan indicating when all the items on the Code Compliance Inspection
Report will be completed, 5) Submit a financial pian that shows that the owner has the resources
to complete the items on the Code Compliance Inspection Report, 6) The van should be brought
into compfiance.
�� Resolution ordering the owner to remove or repair the building(s) at 52 Kine Street East. If
the owner fails to comply with the resolution, Neighborhood Hoasing and Property
Improvement is ordered to remave the buildiag(s).
Steve Magner gave the fotlowing staff report. This is a two-story properEy that has been vacant
since 2-10-05. There is some confizsion about the ownership. The praperry was originalty
purchased by Sean and his father Paul Breclmian. Paul Breckman and Maureen Brec�nan were at
one time mazried and owned a number of properties in the City. There marriage was dissolved.
According to the divorce decree, this property was to be sold. On I 1-i7-O5, an inspection of the
buiiding was conducted, a list of deficiencies which constitute a nuisance condition was
developed, and photographs were taken. An Order to Abate a Nuisance Building was issued on
i 1-22-05 with a comp2iance date of 12-22-45. As of this date, �s properiy remains in a condition
which comprises a nuisance as defined by the legislative code. The Vacant Buiiding Registration
Fees are paid. Taxation has placed an estimated mazket value of $40,000 and the Iand and
$95,400 an the building. As of 2-28-06, a Code Compliance Inspection has been completed and a
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LEGISLATIVE T�EARING MINUTES OF FEBRUARY 28, 2006 Page 9
band has been posted. Inspectors estimate the repairs are between $80,000 to $85,D00 and
demofifion betweea $8,OQ0 and $9,000. Mr. iVlagner is perplexed that no one showed up today.
Ms. Moermond asked have any Summary Abatement Orders gone to work orders. Mz. Magnet
responded they fiave been issued on a majority of the Summary Abatement Orders. From May
2005 to December 2005, they were at the property approximately 25 times and issued numerous
work orders for boazding, cutEiag the grass, and cleanina the yard.
From looking aT the photographs, Ms. Mosrmond stated the boiler is rigged.
Ms. Meormond iecommends ]aying aver to the March 7 Legislative Hearing.
The kearing was adjoumed at 11:44 a.m.
1