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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 �� 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 ✓ � � Adopted by Council: Date 7 Adoption Certified by Council Secretary By: � Approved b r: Date f �( By: � Form Approved by City Attorney � Approved by Mayor for Submission to Counci] � Requested by Department of: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��-�� 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 1:1 � To S� 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 ��� ��� 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. o� - �-��- o�� The SainY Paul City Couacil hereby makes the following order: ��� 2 `�� 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` //( ��oi�� • ��� "a � • � r p � /� / ..� ` i � I . . • �• i�:: . . ..��. . . � I: �Ll..i � / /� � t Adopted by Council: Date ///G�// /5� �pp� D� -�Y� � PROP HBORFF iPItOVE�tE\?Fv�,'D �����./I '6 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: ��� ��� 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 �� �� ��,�� SZ 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 D� ��`��' 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