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
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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
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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.
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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 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.
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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
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by City
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Adoption Certified by Council Secretary For
BY O� . � �n By:
Approve May . Date � ��b�
By:
Council
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Adopted by Council: Date '�f—�(� �/o
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� 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
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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)
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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
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Council Research Cer�r��'��������
AUG 012006
July 21, 2006 2:53 PM
CosURevenue Budgeted: Y
Activity Number: 30251
Page 1
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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