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06-837�j Council File # D6 _8 3 ; Green Sheet # 'resented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA � �� 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, single family dwelling and the detached, two-stall, wood frame 4 garage located on property hereina8er referred to as the "Subject Property" and commonly known as 5 947 Desoto Street . This property is legally described as follows, to wit: Lot 18, Block 1, Edmund Rice's First Addition to St. Paul 9 WHEREA5, based upon the records in the Ramsey County Recorder's Office and information 10 obtained by Neighborhood Housing & Property Improvement on or before March 14, 2006 , the ll following are the now known interested or responsible parties for the Subject Property: Ronald Johnson, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 P.O. Box 171, South St. Pau155075 WHEREAS, Neighborhood Housing & Property Improvement has served in accardance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated May 23, 2006 ; and WHEREAS, this order inforxned the then lmown 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 structure located on the Subj ect Property by June 23, 2006 ; 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 WHEREA5, this nuisance condition has not been conected 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 AA-ADA-EEO Employer f�/ -�3 �- 34 35 36 37 38 39 40 41 42 43 4�F 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 WI3EREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, August 15, 2006 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabili#aring this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the strucrixre in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WI�REAS, a hearing was held before the Saint Paul City Council on Wednesday, September 6, 20Q6 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 conceming the Subject Property at 947 Desoto Street : That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. !� 5. � 8. 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 conect 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 Property 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 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 alternative 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 fdteen (15) days after the date of the Council Hearing. AA-ADA-EEO Employer D� -�'3 �- :� 87 88 89 90 91 92 93 94 95 96 97 98 If the above corrective action is not completed within this period of tune Neighborhood Housing & Property Improvement is hereby 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 buiiding is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the properiy by the responsible parties by the end of trris time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shali 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 Paui Legislative Code. Adopted by CouncIl: Date � Q/ �/J� Adoprion Certified by Council Secretary By . . � Approve May �; ate /—/�?— U(o By: Requested by Depaziment oE Neighborhood Housing & PropertyImprovement -- _�����, ,, � . • ,, . -, . . . - �: .� :,� / �- . �.. .. . . . . . . � � �< «� - AA-ADA-EEO Employer d6 � Green Sheet Gr.een Sheet Green Sheet Green Sheet Green Sheet Green Sheet � NH NeiBhborhood xousing/Propercy Contact Person & Phone: 17chard Lippert 2G6-'1972 Must Be on Council Agenda by (Date): O6SEP-06 21.IUL-O6 ■�/ Assign Plumber For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3031472� DeoartrneM SentToPerson 0 ei borhood Aoosin er I ei borh Aousio r De rimentDi or 4 ouncil 5 Clerk G5 Clerk Action Requested: Ciry Council to pass this resolution which will ordet the owner(s) to remove or repair the referenced buitding(s). If the owner fails to comply with the resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject pmperty is located at 947 Desoto Street �tlat�ons: Appro�e (A) or H Planning Commission CIB Committee CiHI Sertice Commission Questions: 7. Has this persoNfirtn e�er woriced under a contrad for this department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Dces this persoNfirm possess a sKill rwt normally possessed by any current city employee? Yes No Explain ail yes answers on separate sheet and attach to green sheet Inkiating Problem, lssues, Opportunity (Who, What, When, Where, Why): This 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 aud xesponsible parties lmown to the Enforcement Officer were given an order to repair or remove the building at 947 Desoto Street by June 23, 20��y�ed to compiy with those orders. �tV AdvantageslfApproved: �I�jt, v 1 LUU❑ The City will eliminate a nuisance. � �"6A�Q�'S OFFICE DisadvanWges If Approved: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the proper[y, collected as a special assessment against the proper[y tases. Disadvanqges If NotApproved: A nuisa�ce condition will remain unabated in the Ciry. This building(s) will continue to blight the community. TotalAtnountof $000 TrenSaction: Funding souree: Nuisance Housing Financiallnfoimation: Abatement (E�cplain) CostlRevenueBUdgeted: Y Activiry Number. 30251 Councii Research Genter _��� ��. �a� F ����`� � 6 � � t'.-.` 3 4 � *.'i�,,' CJU4 �-� �- --�-�-;�., r � �6.��:�; ;��� July 21, 2006 2:06 PM Page 1 August 15, 2006 Legislative Hearing Db �3 � Page 2 city were the contractor's properiy. She also stated she had obtained a loan through SPARC to do the necessary rehab work to her home. Ms. Moermond stated she would call SPARC to make sure they were involved with this property. If everything checked out, she would recommend deleting the assessment. J0606G Garbage service 305 Bur�ess Street Mr. Robinson stated orders were issued on April 14, 2006 to provide proof of a licensed garbage hauler with a compliance date of Apri127, 2006. The owner did not comply with providing proof of service so a work order was issued to the Parks Department to provide a trash can. There was also an order to provide proof of hauler service as well as abatements for a vehicle, clean up of the yard and trash on the boulevard. The current system is the city will only provide trash service for 90 days and then orders were re-issued. Ronald Tammons, property owner, stated he had contracted for garbage hauling service with Vasko last month, however, he did not have a receipt with him to provide proof. He had previously been taking his garbage to a recycling center. Ms. Moermond recommended laying over the September 19 Legislative Hearing and if the owner could demonstrate he had hauling service and could keep his properry clean and free of abatement orders, she would recommend deleting the assessment. J0608A Property cleanup at 1077 Pavne Avenue No one appeared; Ms. Moermond recommended approving the assessment. J0608A Property cleanup at 318 North Victoria Street No one appeared; Ms. Moermond recommended approving the assessment. 2. Considering a stay in implementation of Council File 06-281 for 52 Kin� Street. No one appeared. Ms. Moermond recommended laying this matter over to the August 22 Legislative Hearing � 3. Resolution ordering the owner to remove or repair the building(s) at 947 Desoto Street. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement (NHPI) is ordered to remove the building. Mr. Magner staYed the building was a two-story, wood frame, singie-family dwelling with a detached wood-frame garage on a lot of 6,534 square feet. The building had been vacant since September 14, 2005 and the vacant building fees had not been paid, a code compliance inspection had not been done and the $5,000 performance bond had not been posted. On May 10, 2006, an inspection of the building was done and a list of deficiencies which constitute a nuisance condition was developed. An order to abate a nuisance building was posted on May 23, 2006 with a compliance date of June 23, 2006. To date, the owner had nothing to abate this nuisance. Ramsey County Taxation has estimated the market value of the land to be August 15, 2006 Legislarive Hearing D�-�'3� Page 3 approximately $50,000 and the building to be $75,000. Real estate taxes for 2005 are delinquent in the amount of $1,051.89. Code Enforcement estimates the cost to repair the building to be approximately $75,000 to $80,000 and the cost for demolition to be approximately $7,000 to �8,000. There had also been four sutmnary abatements issued to this properry: cut tall grass and weeds, remove improperly stored refuse and to remove a vehicle. Code Enforcement recommends the building be demolished within 15 days. Ray Johnson, property owner, stated he was attempting to sell the property but had been unsuccessful in fmding a buyer. He had also considered demolishing the house and salvaging the garage, however, he did not believe this was an option at this point in time. The building had been vacant for one year, however, people were fmding entry into the building and he was sure vagrants were living there sporadically. Ms. Moermond recommended the building be removed within fifteen (15) days. She suggested to Mr. Johnson that he pay the delinquent real estate taxes or he could lose the properiy to taa� forfeit as this building was located in a targeted area where the County fast tracked forfeitures. She also told him that he needed to maintain his property for as long as he owned it. Mr. Magner suggested the owner sign a Confession of Judgment with the County and work out a payment plan to pay the delinquent taxes for 2005. 4. Resolution ordering the owner to remove or repair the building(s) at 537 Mount Curve Blvd. If the owner fails to comply with the resolution, NHPI is ordered to remove the building. Mr. Magner stated this was a two-story, masonry and wood frame, single-family dwelling with a detached masonry and wood frame garage on a lot of 16,117 square feet. The building had been vacant since Apri125, 2002 and the vacant building fees for 2005 and 2006 had not been paid, a code compliance inspection had not been done and the $5,000 performance bond had not been posted. On June 7, 2006, an inspection of the building was conducted and a list of deficiencies which constitute a nuisance condition was developed. An order to abate a nuisance building was posted on June 16, 2006 with a compliance date of July 17, 2006. To date, the property owner had done nothing to bring the building into compliance. According to Ramsey County Taxation, the real estate taaces were current. Taxation has placed an estimated value of the land to be $279,100 and the building to be $224,200. Code Enforcement estimates the cost to repair this structure to be approximately $100,000 to $150,000 and the cost for demolirion to be between $10,000 and $12,000. There had been two summary abatement orders at this property: remove rubbish and garbage in the yard which had been abated by the owner. Code Enforcement recommends the building be removed or repaired within 15 days. John Goodman, property owner, appeared with his attorney, Shawn Bartsch. Ms. Bartsch presented pictures of the properry. She stated her client had suffered severe injuries from a car accident a few years ago and his cognitive ability is impaired. Mr. Goodman had hired a new architect to draw up plans for a complete remodel, however, those plans will not be available for approximately three to four weeks. He had already begun to demolish the kitchen and she agreed the exterior of the house needed extensive repairs, especially since the chimney had been