06-840AMENDED September 6, 2006
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Council File # � �
Green Sheet #303! (�
RESOLUTION
OF SAINT PAUL, MINNESOTA
'resented By
Referred To
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, duplex and the detached, two-stall, wood frame garage located
4 on property hereinafter referred to as the "Subject Property" and commonly known as 36 Winnipeg
5 Avenue . This property is legally deseribed as follows, to wit:
Lot 1, Block 5, Lewis Addition to St. Paul
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood Housing & Property Improvement on ar before March 14, 2006 , the
following are the now lrnown interested or responsible parties for the Subject Property: Keeyana
Haxper, 1876 Magnolia Ave East, Apt. 304, St. Paul, MN 55119; Keeyana Harper, 7774 Hinton Avenue,
Unit 4, Cottage Grove, MN 55016-5748; Argent Mortgage Company, 2550 West Golf Road, Rolling
Meadows, IL 60008; Housing Progress, LLC, 570 Asbury Street # 208, St. Paul, MN 55104
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16 WHEREAS, Neighborhood Housing & Property Tmprovement has served in accordance with the
17 provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate
18 Nuisance Building(s)" dated May 22, 2006 ; and
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WHEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this arder informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by June 22, 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 &
Propert}� Improvement requested that the City Clerk schedule public hearings before the Legislative
Hearing Officer of the Ciry 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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WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tnesday, Angust 15, 2006 to hear testunony 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 rehabilitating this structure in
accordance with all applicable codes and ordinances, or in the alternarive by demolishing and
removing the shucture in accordance with all applicabie codes and ordinances. The rehabilitation or
demolition of the structure to be completed within fifteen (1� days after the date of the Council
Hearing; and
WHEREAS, 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 Legislarive
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 36 Winnipeg Avenue :
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 doliars ($3,000.00).
That there now exists and has existed multiple Aousing 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 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 wluch 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:
80 1. The above referenced interested or responsible parties shall make the Subject Property safe
g 1 and not detrimental to the public peace, health, safety and welfare and remove its blighting
82 influence on the community b• rPh�h;�;r� � �^a � =�*;rrt �» a�F�:� as
83 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all
84 applicable codes and ordinances, �r �^ *�� ��*��^�*�<�� by demolishing and removing the
85 structure in accordance with all applicable codes and ordinances. The�e��a�kta�
86 ��-^^��fi�^ �r� removal of the structure must be completed within fifte��s f1�5j days after the
87 date ofthe Council Hearing. five <5)
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2. If the above conective action is not completed within this period of time Neighborhood
Housing & Property Ixnprovement is hereby authorized to take whatever steps aze necessary to
demolish and remove this shucture, fill Yhe site and charge the costs incurred against the
Subject Properry 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 properiy 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 property 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.
99 4. It is filrther ordered, that a copy of this resolution be mailed to the owners and interested
00 parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
Requested by Department oE
Adopted by Council: Date 9��-�,(
Adopfion Certified by Council Secretary
BY� a��. ,' .�sv.�
Approved Ma � Date ��—/�s�(
By:
Neighborhood Housing & Property Improvement
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Form Ap v d by City A ey ,
By:
Form o ed Ma or Sub 'ssion to Council
By: �-�-` �
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� Green Sheet Gteen Sheet Green Sheet Green Sheet Green Sheet Green Sheet
NH Neighborhood Housing/Propeny
Confact Person & Phone:
Richarti LiPP�
26G-1922
Must Be on CouncJ Agem
06 SEP-06
Date Initiatetl:
Z,.n,�-� Green Sheet NO: 3031476
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� D�e artrnent SentTOPerson initiaWate
0 ei r A usin er
Assign I ei r ood oosi er De arhnen[D'vector ��.
Number 2 �
For
Routing 3 a r' ce a A s Nent
Order 4 a�
5 i Cler Ci Clerk
TOta1 # of SignatUre Pages _(C{ip All Localions for Signature)
Ciry Council to pass ffiis resolurion which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
wmply with the resolurion, Neighborhood Housing & Property Impiovement is ordered to remove the building. The subject property
is located at 36 Wianipeg Avenue.
or
Service Contracis MustMswerthe Folfowing QuesGons:
Planning Commission 1. Has this persorJfirtn e�er worked under a contract for this department?
CIB Committee Yes No
CiHI Sen+ce Commission 2. Has this persorJfirtn e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not normally possessed by any
current city employee?
Yes No
Ezplain ali yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportun'dy (Who, What, When, Where, Why): � '
This building(s) is a nuisance building(s) as defined in Chaptet 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 36 Winnipeg Avenue by June 22, 2006, and have failed to comply with those ozders.
Advantages If Approved:
The City will eliminate a nuisance.
JUL � 1 2006
DisadvanWges IfApproved:
The Ciry will spend funds to wreck and remove this building(s). These wsts will be assessed to the property, collected as a special
assessment against the property taxes.
Disadvantages lf Nat Approved:
A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the communiry.
Transaction: �000
Funa;n9 souree: Nuisance Housing
Financial i�fonnatian: '4batement
(Explain)
CosURevenueBUdgeted: y
Activity Number: 30251
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July 21, 2006 3:02 PM Page 1
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Council Research C n1
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August 15, 2006 Legislarive Hearing Page 5
5. Resolution ordering the owner to remove or repair the building(s) at 1111 Westrninster
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
condition 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 County Taxation, the real estate taxes were
current. TaYation 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 shucture to be approximately
$SO,Q00 to $6Q,000 and the cost for demolition to be between $9,Q00 and $11,000. There had
been two summary abatement orders at this property: remove rubbish and garbage. Code
Enforcement recommends the buildang 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, toileh 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 a.m. 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. Moermond 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, NHPI 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, 20Q5 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 constitute 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 TaYation, the real estate taxes 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
demolition to be between $8,000 and $9,000. There had been 10 summary abatement orders at
August 15, 2006 Legislative Hearing
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Page 6
this properiy: remove tall grass and weeds, remove improperly stored refuse, remove snow and
ice from the sidewalk and to secure the building. Code Enforcement recommends the building
be removed within 15 days.
The property owner was not present.
Ms. Moermond recommended the building be removed within fifteen (15) days
Appeal of P. Mulvaney to a Summary Abatement Order at 2194 Nortonia Avenue.
(NI3PI)
Mr. Magner stated the property had been condemned in January, 2006 and at that time, the
owner was told he needed to have a code compliance inspecfion and permits to do the work. The
vacant building fees were also stayed for 60 days and since that rime has passed, they were now
due and owing. There had been many complaints from the neighbors concerning the condition
of the yard and there is fear rodents are living under the dilapidated shed. Summary abatement
arders had been issued on July 21, July 27, August 4 and August 10. To date, there had been no
compliance from the owner.
Perry Muivaney, property owner, stated the property is now for sale and he had complied with
the first abatement order. He had hired someone to take down the shed and someone else to do
the other work that needs to be done as he could not do the work himself due to a disability.
Ms. Moermond recommended denying the appeal and granting an extension until noon on
August 16, 2006
Mr. Magner stated the vacant building fees needed to be paid or a criminal citation would be
issued.
Meeting adjourned at 12:15 p.m.
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