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06-839�� Council File # Y>6'� 3 � Green Sheet # 3�31 .5 RESOLUTION PAUL, MINNESOTA ?resented By Refened To Committee: Date WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame, single family dwelling and the detached, two-stall, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly laiown as llll Westminster Street . This property is legally described as follows, to wit: Lot 6, Block 5, Westminster Addition 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 WHEREAS, based upon the records in the Ramsey County Recarder's Office and information obtained by Neighborhood Housing & Property Improvement on or before March 14, 2006 , the following are the now known interested or responsible parties for the Subject Property: D J Smith, 4850 Greenwich Way N, Oakdale MN 55120; D J Smith, 972 Ashland Ave. #1, St Paul, MN 55104; Quantum Investment Group LLC/ Dina Ouradnik- REP, 1043 Grand Ave Suite 228, St Paul, MN 55105-2689 WHEREAS, Neighborhood Aousing & 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 June 13, 2006 ; and WFIEREAS, this order informed the then known interested ar 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 Subject Property by July 13, 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 WHEREAS, this nuisance condition has not been corrected 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 accardance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, piace and purpose of the public hearings; and AA-ADA-EEO Employer o�-s3q 36 37 38 39 40 41 42 43 44 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 86 87 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, August 15, 2006 to heaz testimony and evidence, and after receiving testnnony and evidence, made the recommendation to approve the request to ozder 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 rehabilitating trris struchue in accordance with ali applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all appiicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fdteen (15) days after the date of the Council Hearing; and WfIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 6, 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 tesrimony 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 1111 Westminster Street : That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � � � 7 E:Q 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 Irnown 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 known 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: 1. The above referenced interested or ;esponsible 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 fifteen (15) days after the date of the Council Hearing. AA-ADA-EEO Employer o� -�3� 8g 89 90 91 92 93 94 95 96 97 98 99 00 2. If the above correcrive action is not completed within this period of time Neighborhood Housing & Property Improvement is hereby authorized to take whatever steps aze necessary to demolish and remove this structure, fill the site and chazge 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 Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properiy is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is fm•ther ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: Neighborhood Housing & PropertyImpiovement � /�/ � � � _ L� �, by City � Adoption Certified by Council Secretary For BY O� . � �n By: Approve May . Date � ��b� By: Council AA-ADA-EEO Employer Adopted by Council: Date '�f—�(� �/o 0�-�3� � Green Sheet Green Sheet Gceen Sheet Green Sheet Green Sheet Green Sheet � NH Neighborhood Housing/P[openy ContaM Person & Phone: Richard LiPP� 266-1922 Must Be on Council Ageni 06SEP-06 2IJUL-06 � Assign Number For Routing Order Green Sheet NO: 3031475 Deoarhnent SentTo Pecson 0 e hborh Hoosio o er 1 ei hborh Aousi er De artmen D'veMo 2 ' Attom 3 avor's Oflice Mavor/ASSistant � 4 ouvcil 5 Clerk Ci Clerk Total # of SignaW re Pages _(Clip All Locations for SignaW re) �, `,� Ciry Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with [he resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 1111 W estminster Sh�eet. itlations: Appm�e (A) or Reject (R): Persanal Service Contracts MustAnswerthe Followi�g QuesUnns: Planning Commission 1. Has this persoNfirtn e�er worked under a contract for this department? CIB Committee Yes No CiNI SeMCe Commissio� 2. Has this person/firtn e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separste sheet and attach to green sheet Initiafing 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 Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 1111 Westnvnster S4eet by July 13, 2006, and have failed to comply with [hose orders. AdvanWgeslfApproved: The Ciry will eliminate a nuisance. JUL � � 2��6 Disadvantages HApproved: The Ciry 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 property taxes. - Disadvantages IF Not Approved: A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. Trensaction: Funding Source: Financial Infonnation: (ExpWip) 8000 Nuisance Housing Abatement ��L 2 � ZUb� Council Research Cer�r��'�������� AUG 012006 July 21, 2006 2:53 PM CosURevenue Budgeted: Y Activity Number: 30251 Page 1 t-,,, 0�-�3� August 15, 2006 Legislative Hearing Page 5 �- 5. Resolution ordering the owner to remove or repair the building(s) at 11 ll Weshninster Street. If the owner fails to comply with the resolution, NHPI is ordered to remove the building. Mr. Magner stated this was a two-story, wood frame, single-family dwelling with a detached wood frame garage on a lot of 3,920 square feet. The building had been vacant since September 2, 2005 and the vacant building fees had been paid, a code compliance inspection had been completed 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 condi6on was developed. An order to abate a nuisance building was posted on June 13, 2006 with a compliance date of July 13, 2006. To date, the property owner had done nothing to bring the building into compliance. According to Ramsey Counry Taacation, the real estate taxes were current. Taxation has placed an estimated value of the land to be $35,000 and the building to be $105,000. Code Enforcement estimates the cost to repair this strucrixre to be approximately $50,000 to $60,000 and the cost for demolition to be between $9,000 and $11,000. There had been two summary abatement orders at this property: remove rubbish and garbage. Code Enforcement recommends the building be removed or repaired within 15 days. They had also inspected the home in the evening and found people to be living in the dwelling illegally. They also found beds with bedding, food, toiletries and a TV. DJ Smith, property owner, stated he was told by the inspectors that someone could be in the house to work on it between 8 am. and 8 p.m. and he had hired a contractor to do work on the home during those hours. He contended that no one was living in the house and the items that were found in the home were his deceased mother's things that he had not yet removed. It was his intention to have the repairs made to the home within the next five to six months. Ms. Moennond recommended granting the owner one hundred-eighty (180) days provided the following conditions are met by noon on September 5: 1) A$5,000 performance bond is posted; 2) a work plan outlining timelines is received; and 3) the owner demonstrates financial wherewithal to complete the necessary repairs. 6. Resolution ordering the owner to remove or repair the building(s) at 36 Winnine¢ Avenue. If the owner fails to comply with the resolution, NHI'I is ordered to remove the building. Mr. Magner stated this was a two-story, wood frame, duplex with a detached wood frame garage on a lot of 3,484 square feet. The building had been vacant since November 2, 2005 and the vacant building fees had not been paid, a code inspection had not been done and the $5,000 performance bond had not been posted. On May 17, 2006, an inspection of the building was conducted and a list of deficiencies which cons6tute a nuisance condition was developed. An order to abate a nuisance building was posted on May 22, 2006 with a compliance date of June 22, 2006. To date, the properry owner had done nothing to bring the building into compliance. According to Ramsey County Tasation, the real estate tases were current. Taxation has placed an estimated value of the land to be $44,000 and the building to be $111,400. Code Enforcement estimates the cost to repair this structure to be approximately $50,000 to $60,000 and the cost for