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06-840AMENDED September 6, 2006 � 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 9 10 11 12 13 14 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 15 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 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 AA-ADA-EEO Employer 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6� 61 62 63 64 65 66 67 68 64 70 71 72 73 74 75 76 77 78 79 �1� -S�a 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. 2. 4. 5. 6. 7. 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) AA-ADA-EEO Employer �� -��o sa 89 90 91 92 93 94 95 96 97 98 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 ��'7���1��'�fa�� Form Ap v d by City A ey , By: Form o ed Ma or Sub 'ssion to Council By: �-�-` � AA-ADA-EEO Employer �6 -��b � 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 � � � 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 ��� July 21, 2006 3:02 PM Page 1 � ��� ���� � �� �4;. Council Research C n1 Il�� � � CUU� auc oi zoos j '. : I 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 �� �� C D 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. vms