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06-882�a Council File # D �a Green Sheet #3Q�/ � , RESOLUTION SAINT PAUL, MINNESOTA ?resented By Refesed To Lot 1, Block 1, A. Gotzian's Rearrangement of Sigel's Addition 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information 10 obtained by Neighborhood Housing & Property Ixnprovement on or before March 14, 2006 , the 11 following are the now lmown interested or responsible parties for the Subject Property: Jason Schmitz, 12 10100 — 96` Avenue North, Maple Grove, MN 55369-3807; LaSalle Bank National Association, 13 Trustee, 10790 Rancho Bernardo Road, San Diego, CA 92127; Paul A. Weingarden, 4500 Park Glen 14 Road #120, Minneapolis, MN 55416; Anna Trone, Law Offices of Thomas & Rutledge, P.O. Box 15 503230, San Diego, CA 92150 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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 duplex and the wood frame shed located on property hereinafter referred to as the "Subject Property" and commonly laiown as 719 Frank Street. This property is legally described as follows, to wit: WHEREAS, Neighborhood Housing & 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 7, 2006; and 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 order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by July 7, 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 AA-ADA-EEO Employer OL ��'k'�-. 34 WHEREAS, the interested and responsible parties have been served notice in accordance with 35 the provisions of Chapter 45 of the Saint Paul L,egislative Code, of the rime, date, place and purpose of 36 the public hearings; and 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 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, September 5, 2006 to heaz testimony and evidence, and after receiving testunony 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 struchue in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accardance with all applicable codes and ordinances. The rehabilitation oz demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 20, 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 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 719 Frank Street: 1. 2. 3. � G'� E� That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 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 lrnown 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 which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by Neighborhood Housing & Property Improvement, VacantJNuisance 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. AA-ADA-EEO Employer . : .� : .. : :. :• . . . •�. . The Saint Paul City Council hereby makes the following order: D.6 - �f� 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze 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. 92 2. 93 94 95 96 97 98 99 00 O1 02 03 04 If the above corrective action is not completed within this period of time Neighborhood Housing & Property Ixnprovement is hereby authorized to take whatever steps are 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 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. 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 Paul Legislative Code. Requested by Department of: Neighborhood Housing & Property Improvement �l j ' - �� Form App d by City A o t`� $Y� [f AdoptedbyCommcIl: Date 9—�l/—o7/)O!� Adopfion Certified by Council Secretary Form Ap ro Mayor for Su �ssion to Council By: �' g Approved y Date � ���Q(� By: AA-ADA-EEO Employer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet d����— Departrt�ent/offi�fcounca7: Date Initiated: NH ���Ho���� �-A�� Green Sheet NO: 3031884 Contaet Person $ Phone• ���^t Se�rt To Person InitiallDate Bob Kessla � 0 ' h rhood Aousi o r � � 1927 A55ign 1 r r D MDirector �iiL• Must Be on Counal Aeenda by (Da[e): Number 2 ,� • f� �EP'� For Routing 3 a oPsOffice Ma or/Assistant prdgr 4 5 er C' Clerk Topl # of Signature Pages _(Clip All Loeations for Signature) Attion Requested: City 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 the resolution, the Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 719 Frank Street. Recommenda[ions: Approve (A) a Reject (R): Personal Service CoMrects Must Mswer the Following Questions: Planning Commission 1. Has this personlfirm e�er worked under a coMract for this depaRment? CIB Committee Yes No Civil Service Commission 2. Has this personRirtn ever been a city employee? Yes No 3. Does this persorJfirtn possess a skill not normaly possessed by a�ry curteM cily emplq�ee? Yes No Ezplain all yes answers on separate sheet and attach to green sheet InRiating Problem, Issues, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as definied in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties lmown to the Enforcement Officer were given an order to repair or remove the building at 719 Frank Street by 7uly 7, 2006, and have faIled to comply with those orders. AdvaMaS�es H Aparoved: p The City will eliminate a nuisance. lIECE'IVCD C Al��r, � 200 DisadvaMaAes If Maroved: � p� g� The City will spend funds to wreck and remove this building(s). These costs will be assessed t�1�# �p� � as a special assessment against the property talces. DisativaMaSles If Not Approvetl: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community Total AmouM of Cost/Revenue Budgeted: y Trensadion: n Funding Souree: 33261 AciivitY Number: A�� o g 20u6 Financial IMormation: /'� � (Explain) L „�.�iJ��1! 6.,�A �A"E Il 5i���`f NEIGHBORHOOD HOUSIPIG .Ai�TD PROPERTY MPROVEMENT Richard Lippert, Manager ofCode Enforcement CITY OF SAINT PAUL Christopher B. Coleman, Mayor /i ,�, Nuisance Building Enforcement 1600N'hiteBearAveN Tel:(651)266-1900 SaintPaul,MN.ii106 Fax:(651)256-1926 August 4, 2006 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Neighborhood Housing & Property Improvement , VacanUNuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at 719 Frank Street: The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, September 5, 2006 City Council Hearing — Wednesday, September 20, 2006 The owners and responsible parties of record are: Name and Last Known Address Jason Schmitz 10100 — 96` Avenue North Maple Grove, MN 55369-3807 LaSalle Bank National Association, Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 Paul A. Weingazden 4500 Park Glen Road #120 Minneapolis, MN 55416 Anna Trone Law Offices of Thomas & Rutledge P.O. Box 503230 San Diego, CA 92150 Interest Fee Owner Mortgage Holder � /� Atty. for Mo��'�¢l�e� nter AU6 08 ?0(� Atty. for Mortgage Holder AA-ADA-EEO Employer /� ::� 719 Frank Street Aub st 4, 2006 Pa�e 2 The le�al descriprion of this property is: Lot 1, Block l, A Gotzian's Rearrangement of Sigel's Addition Nei�hborhood Housing & Property Improvement has declazed this building(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Housin� & Property Improvement has issued an order to the then lmown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Neigfiborhood Housing & Property Improvement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Neighborhood Housing & Property Improvement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, Steve Magner Steve Magner Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:mI cc: Frank Berg, Building Inspection and Design Judy Hanson, City Attorneys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housin� Division September 6, 2006 Legislative Hearing , "-�� �Z Page 5 o (�- 4�s� Z Enforcement estimates the cost to repair the building to be approximately $60,000 to $70,000 and the cost for demolition to be approxunately $6,000 to $7,000. There had also been two swiunary abatements issued to this properiy: remove improperly stored refuse and to secure the building. Code Enforcement recommends the building be demolished within I S days. No one appeared; Ms. Moermond recommended fifteen (15) days to remove the building with no option for repair. 5. Resolution ordering the owner to remove or repair the building(s) at 445 Hatch Avenue. If the owner fails to comply with the resolution, NHPI is ordered to remove the building. Mr. Magner stated the building was a one-story, wood frame dwelling with a detached wood- frame garage on a lot of 6,534 squaze feet. The building had been vacant since March 10, 2006 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 24, 2006 with a compliance date of Ju1y 10, 2006. To date, the owner had done nothing to abate this nuisance. Ramsey County Taxation has estimated the mazket value of the land to be approximately $50,000 and the building to be $75,000. Real estate taxes for 2005 were 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 summary 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. No one appeazed; Ms. Moermond recommended fifteen (15) days to remove the building with no option for repair. � 6. Resolution ordering the owner to remove or repair the building(s) at 719 Frank �� Street. If the owner fails to comply with the resolution, NHPI is ordered to remove the building. Mr. Magner stated the building was a two-story, wood frame, single-family dwelling with a wood-frame shed on a lot of 4,356 square feet. The building had been vacant since September 19, 2005 and the vacant building fees had not been paid for 2005 and 2006, a code compliance inspection had been done and the $5,000 performance bond had not been posted. On May 30, 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 June 7, 2006 with a compliance date of July 7, 2006. To date, the owner had done nothing to abate this nuisance. Ramsey County Taxation has estimated the market value of the land to be approximately $38,000 and the building to be $155,400. Rea1 estate t�es for 2005 aze delinquent in the amount of $1,876.83. Code Enforcement estimates the cost to repair the building to be approximately $70,000 to $80,000 and the cost for demolition to be approximately $10,000 to $11,000. There had also been nine suminary abatements issued to this property: cut September 6, 2006 Legislative Hearing Dl� '8g �- Page 6 tall grass and weeds, remove rubbish and gazbage in yazd, remove snow and ice and secure the buiiding from trespass. The City has also had to boazd the building four times to secure it from trespass. Scott Miles, Remax Properties, appeazed on behalf of the mortgage company who had just taken possession of the building on August 18 after foreclosure. There was a valid purchase agreement with Robert Pilz, Take Too LLC, and the closing was scheduled for Tuesday, September 19. He had expected him to attend this hearing, however, he did not show up. Ms. Moermond stated she would recommend granting the owner one-hundred eighty (180) days to complete the repairs provided the fallowing is provided at the Legislative Hearing on Tuesday, September 19, 2006: 1) the property must be maintained; 2) the vacant building fees must be paid and the registered vacant building form must be provided; 3) the $5,000 bond must be posted; 4) the real estate t�es must be paid; 5) a work plan must be provided outlining the timeline for the repairs; and 6) the owner must provide evidence of financial wherewithal to complete the repairs to the building. She recommended laying this matter over to the September 19 Legislative Hearing and September 20 Council Public Hearings. 7. Resolution ordering the owner to remove or repair the building(s) at 90 Winnipeg Avenue. If the owner fails to comply with the resolution, NHPI is ordered to remove the building. Mr. Magner stated the building was a two-story, wood frame, four-unit dwelling on a lot of 4,791 squaze feet. The building had been vacant since March 1, 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 9, 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 22, 2006 with a compliance date of June 22, 2006. To date, the owner had done nothing to abate this nuisance. Ramsey County Taa�ation has estimated the market value of the land to be approximately $60,000 and the building to be $264,500. Real estate taxes were current. Code Enforcement estimates the cost to repair the building to be approxunately $60,000 to $70,000 and the cost for demolition to be approximately $8,000 to $10,000. There had also been nine summary abatements issued to this property: cut tall grass and weeds, remove improperly stored refuse and to remove snow and ice. Code Enforcement recommends the building be demolished within 15 days. No one appeared; Ms. Moermond recommended the building be removed within fifteen (15) days with no option for repair. 8. Appeal of Jeff Pauis to a Summary Abatement Order for property at 1265 Rice Street. (NHPI) No one appeared; Ms. Moermond recommended denying the appeal.