06-75Council File # 0����
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Green Sheet # c.JV �
RESOLUTION
PAUL, MINNESOTA
Presented By
Referred To
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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:
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7 Lot 20, Block 25, The West St. Paul Real Estate and Improvement Syndicate Addition
8 No. 2.
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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
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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
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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.
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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.
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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.
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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
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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 �
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He2aen `'
Requested by Department of:
Nei hborh d Aousin Pro ert Im rovement
By:
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Form
By:
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AdopCed by Council: Date ���
Adoption Certified by Council Secretary BY �
By:
Appx
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by City
by Mayor for Submission to Coun
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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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
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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 �
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NE(GHBOREi00D HOUS63G & PROPERTY LMPROV EMENT
Andy Dawkins, Progr¢m Manager � � � � �
SA[NT
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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 . _ .���,,,
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Council President and
Members of the City Council
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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
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431 Pa�e Street East
December 9, 2005
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The legal description of this property is:
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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,
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Steve Magner
Vacant Buildings Supervisor
iv'eighborhood Housing & Property Improvement
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cc: Frank Berg, Building Inspection and Design
Judy Hanson, City Attorneys Office
MaryBrickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
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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.
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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
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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.