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06-75Council File # 0���� r � • [y � Green Sheet # c.JV � RESOLUTION PAUL, MINNESOTA Presented By Referred To Z� Committee: Date 1 WHEREAS, Neighborhood Housing & Properry 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 a detached, two-stall, wood frame 4 garage located on properiy hereinafter referred to as the "Subject Property" and commonly known as 431 5 Page Street East. This property is legally described as follows, to wit: 6 7 Lot 20, Block 25, The West St. Paul Real Estate and Improvement Syndicate Addition 8 No. 2. 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 WIIEREAS, based upon the records in the Ramsey County Recarder's Office and information obtained by Neighborhood Housing & Property Improvement on or before May 31, 2005, the following are the now known interested or responsible parties for the Subject Property: Scott Scharmer, 431 Page Street East, St. Paul, MN 55107-2460; Lynette Swasher, 397 Case Ave., St. Paul, M1V 55101; Holly Jacox, Allen Jacox, & Michelle Younghawk-Scharmer, 461 Maryland Ave. West, #102, St. Paul, MN 55117; Homevestors, Herman Capitol Corp., 3539 Douglas Drive North, Crystal, MN 55422-2415 WHEREAS, Neighborhood 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 07, 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 shucture located on the Subject Property by December 7, 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 & Properiy 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 AA-ADA-EEO Employer bb-�1S 1 WHEREAS, 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 Property safe and not detrimental to the public peace, health, safety 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 shucture in 7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to 8 be completed within fifteen (15) days after the date of the Council Hearing; and 9 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 WIIEREAS, 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 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 431 Page Street East: That the Subject Property comprises a nuisance condation as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 4. 5. 6. 7. 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 ar 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). That the deficiencies causing this nuisance condition have not been corrected. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property 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 lrnown 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 welfare and remove its blighting influence on the community by rehabilitating this structure and conecting 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 sh must be completed within fifteen (15) days after the date of the Council Hearing. AA-ADA-EEO Employer nI0"nS 2. If the above conective acrion is not compleYad within this period of time Neighborhoad Housing 2 & Property Improvement is hereby authorized to take whatever steps aze necessary to demolish 3 and remove this structure, fiil the site and chazge the costs incurred against the Subject Property 4 pursuant to the provisions of Chapter 45 of the Saint Paul Le�slative Code. 5 6 3. In the event the buildin� is to be demolished and removed by the City of Saint Paui, all personai 7 properry or fixtures of any kind which interfere with the demolition and removal shaIl be � 10 11 12 13 � removed from the properiy by the responsible parties by the end of fhis fime period. If a11 personal properiy is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of snch property as provided by law. It is fiu ordered, that a copy of this resolurion be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yeas Navs AbSent Benanav ;/ Montaomerv �/' Bostrom �,j Thune � Harris � Lantrv �-- He2aen `' Requested by Department of: Nei hborh d Aousin Pro ert Im rovement By: � l Form By: f �rr� � � AdopCed by Council: Date ��� Adoption Certified by Council Secretary BY � By: Appx � by City by Mayor for Submission to Coun . , AA-ADA-EEO Employer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � - - ���� NH — T`�BUbofiood Housin�/Prope�ty Confad Person 8 Phone: Mdy Dawkins 266-'1927 Must Be on 18-JAN-06 Toql # of Signature Pages Date Initiated: 09-DEG-05 � Assign Number For Routing Order Green Sheet NO: 3029030 0 ei h rhood ousin er 1 ei hborhood Housin� Pro er De artnent Direc[or � 2 Attorne,� � Z'� � 3 vor's Omce MayoNAssistant 4 ancil 5 i Clerk Citv Cler (Clip All Locations for Signature) 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 431 Page Slreet East. �tlations: Approve (A) oi R Planning Commission CIB Committee Civil Service Commission Personal5ervice Conirads Must Mswer 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this personffirtn possess a skill not normally possessed by any curcent 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 Legislarive Code. The owners, interested parlies and responsible parties Imown to the Enforcement Officer were given an order to repair or remove the buIlding at 431 Page Street East by Decexnber 7, 2005, and have failed to comply with those orders. Advantages If Approved: The City will eliminate a nuisance. Disadvantages {f P.pproved: 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 properry taxes. Disadvantages If Not Approved: A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. Total Amount of 9000 Transaction: Funding Source: NUiSanCe HoUSing Financiallnformation: �atement ' (Explain) � CosURevenue Budgeted: y Activity Number. 30251 � � D�� 1 � 2005 �� �a���� o�rtr�.,r ��� ������� � �� � , ; � NE(GHBOREi00D HOUS63G & PROPERTY LMPROV EMENT Andy Dawkins, Progr¢m Manager � � � � � SA[NT PAU L � IIAA C I� �F' Jtul v 1 pA V L Nuisnnce Buildirtg Code Enjorcemen( Randy C Ke[!y, Mayar 1600 Nor�h White BenrAversue Tel: 651-166-l900 Srsina Paul, MN 55106 Fas: 651-266-1926 December 9, 2005 NOTICE OF PUBLIC HEARINGS n . _ .���,,, � :- ���� - �. Council President and Members of the City Council ��� � � �� Nei�hborhood Housing & Property Improvement , Vacant/Nuisance 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: 431 Page Street East The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, January 3, 2006 City Council Aearing - Wednesday, January 18, 2006 The owners and responsible parties of record are: Name and Last Known Address Scott Scharmer 431 Page Street East St. Paul, MN 55107-2460 Lynette Swasher 397 Case Ave. St. Paul, MN 55101 Holly Jacox, Allen 3acox, & Michelle Younghawk-Scharmer 461 Maryland Ave. West, #102 St. Paul, MN 55117 Homevestors Herman Capitol Corp. 3539 Douglas Drive North Crystal, MN 55422-2415 Interest Fee Owner Fee Owner Fee Ownez Possible Purchasers AA-ADA-EEO Employer �`w ��� W 431 Pa�e Street East December 9, 2005 Pa�e 2 The legal description of this property is: � I,ot 20, Block 25, The West St_ Paul Real Estate and Improvement Syndicate Addition No. 2 Neighborhood Housin� & Property Improvement has declared this buildin�(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Aousing & 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 building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Nei�hborhood Housin� & Property Improvement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buiidin� 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, f •.' C7 � c . Steve Magner Vacant Buildings Supervisor iv'eighborhood Housing & Property Improvement SM:mI cc: Frank Berg, Building Inspection and Design Judy Hanson, City Attorneys Office MaryBrickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO Employer �� 75 MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, ABATEMENT ASSESSMENTS, ABATEMENT ORDERS, RENTAL REVOCATION CERTIFICATES Tuesday, January 3, 2006 Room 330 City Hall, 15 West Kellogg Boulevud Marcia Moermond, Legislative Hearing Officer STAFF PRESENT: Steve Magner and Marcus Hinnenthal, Neighborhood Housing and Property Improvement (NHPI); and Jean Birkholz, City Council Offices. OTHERS PRESENT: Daniel Douglas and Lisa Herbauer; Bruce and Debbie Wakefield; and P. Mulvaney, Jr., The hearing was called to order at 10:00 a.m. Resolution ordering the owner to remove or repair the buildings(s) at 431 Pa�e Street East. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Daniel Douglas and Lisa Herbauer, appeared. Steve Magner provided a staff report: 431 Page Street East is a 2-story, wood frame, single-family dwelling on a lot of approximately 4,780 square feet. According to their files, the building was condemned on March 23, 2005 and ordered vacated. A new properiy owner took possession on December 19, 2005: Daniel Douglas (with mailings going to Ms. Herbauer). There has been at least one (1) Summary Abatement issued to clean-up garbage, scrap vehicle parts, scrap wood, rubbish and improperly stored items. On November 2, 2005, an inspection of the building was conducted and 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 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 boarded the building to secure it against trespass. The Vacant Building fees have not been paad. TaYation places an estimated market value of $39,200 on the land and $121,200 on the building. A Code Compliance Inspection was completed on June 5, 2005, by the prior owners and is attached. As of today's date, a bond has not been posted nor have permits been pullefl for work which needs to be done. The City estimates repairs to be between $60,000 and $70,000; demolition between $8,000 and $9,000. The deparhnent has had brief conversations with the new owners and it is Mr. Magner's understanding that they were made aware of this Order to Abate, and it was their plan to post a bond and start rehabilitation. Ms. Moermond asked when the Summary Abatement and boarding occurred. Mr. Magner answered that they occurred during the previous ownership in June and July of 2005. Mr. Magner went on to explain that this was a case where the original owner (Gladys A. Schwanner) died. She left the property to six (6) siblings, some of whom were residing at the property. Ultimately, the siblings decided to sell the property. The first closing, set up with another investor, fell through. 0��� � LEGISLATIVE HEARING — 3anuary 3, 2006 Page 2 Ms. Moermond asked the new owners how they would like to proceed. Ms. Herbauer stated that she would like to have a copy of the Abatement that was given to the previous owners regarding the boarding, and she also noted that she hadn't received the Truth in Housing Inspection Report from the City. Ms. Moermond asked if she had received the Code Compliance Inspection Report. Ms. Herbauer said that she had not. Mr. Magner noted that the NHPI generally does not mail out Code Compliance Inspection Reports; iYs not their document. He recommended that the new owners go to the Office of License, Inspection and Environmental Protection (LIEP), 8 Fourth Street East, and ask for a copy of the Code Compliance Inspection Report for this property. He added that the seller should have provided a copy; it was their legal obligation. Ms. Moermond asked that a copy be provided for them before they leave the heazing. Ms. Herbauer asked about the amounts due. Mr. Magner responded that a fee of $250 is required to register the property as a Vacant Building. The application can be filed at their office, 1600 White Bear Avenue. Ms. Moermond noted that she is concerned about getting a better sense of what the new owners have planned for this property. Ms. Herbauer asked about the City requiring a bond to secure the fact that they would be doing the rehab. Ms. Moermond replied that a bond is required for every single dangerous struchue. Right now, a$2,000 bond is required; when the Ordinance changes in approximately thirty (30) days, a$5,000 bond will be required. This is a performance deposit that is returnable upon completion of the project if it is done in the time allotted. The City Council will grant up to 180 days for completion. Ms. Herbauer noted that there aze other investors who might be interested in taking over the properry to rehab it. If that doesn't happen, Ms. Herbauer and Mr. Daniels will rehab the property themselves. Ms. Herbauex has esrimated the matexials to cost appmximately $16,000 to bring everything up to Code. Ms. Moermond noted that the Code Compliance Inspection Report replaces the Truth in Housing Inspection Report, and there may be more items on it. She added that she needs to know that the new owners understand the scope of the rehab. Ms. Moermond would like to see a Work Plan (contractors, bids, work schedule, etc.) and a Financial Plan. The new owners need to post a$2,000 bond (rehunable upon completion of the rehab.) If there is a question of finance, many snnall operators choose to save some aspects of the project like carpeting, for example, to do after they receive back the bond money. Legislative Hearing Officer recommends granting the owner an additional 180 days to complete the rehabilitarion of the property on condition that a$2,000 bond is posted and both a Work Plan and a Financial Plan are submitted to her and approved no later than the close of business on Friday, January 13, 2006. Ms. Moermond added that if the property is sold, she would like to be informed. ob-7 5 LEGISLATIVE HEt1RING — 7anuary 3, 2006 Page Mr. Magner noted that they also need to register the vacant buiiding at Neighborhood Housing and Property Improvement, 1600 White Bear Avenue. Ms. Moermond concurred and added this to the list of conditions. ab-� 5 ; •.� Date: January 3, 2006 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATNE IIEARING FOR ORDERS TO REMOVE / REPAIK, CONDEMNATIONS, ABATEMENT ASSESSMENTS, ABATEMENT ORDERS, and RENTAL REVOCAT`ION CERTIFICATES Marcia Moermond Legislarive Hearing Officer � 1. Besolution ordering the owner to remove or repair the buildings(s) at 431 Pa�e 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 granring 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 granfing 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.