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06-883AMENDED 10/18/2006 �� Council File # �� Green Sheet # 03 ; RESOLUTION '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 one-story, wood frame dweling with a detached, two-stall, wood frame garage located 4 on property hereina8er refened to as the "Subject Property" and commonly lrnown as 445 Hatch 5 Avenue. This property is legally described as follows, to wit: 6 7 Lots 45 and 46, Block 1, Neuru and Wallraffs Addition to St. Paul 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information 10 obtained by Neighborhood Housing & Property Improvement on or before March 14, 2006 , the 11 following are the now Irnown interested ar responsible parties for the Subject Property: Judy Kahl, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 203 Front Avenue, St. Paul, MN 55117; JP Morgan Chase Bank, c/o Homecomings Financial, 9350 Waacie Way, San Diego, CA 92123-1015; Claud Worrell, Remax Results, 1035 Cedar Lake Road South, Minneapolis, MN 55405 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 May 24, 2006; and WHEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance buiiding(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 10, 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 .� PAUL, MINNESOTA AA-ADA-EEO Employer D�-8�3 33 WHEREAS, the intezested and responsible parties have been served notice in accordance with 34 the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of 35 the public hearings; and 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 WEIEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, September 5, 2006 to hear testvnony and evidence, and after receiving testimony and evidence, made the recommendarion 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 shucture in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with ali applicable codes and ordinances. The rehabilitation or demolition of the strucrixre to be completed within �'±f�e=_ ;'- `; days after the date of the Council Heartng;and one hundred eighty (180) 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 445 Hatch Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � � 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 known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition haue not been corrected. 6. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by Neighborhood Housing & Property Improvement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 haue been fulfilled. AA-ADA-EEO Employer �s 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 O1 •�� • The Saint Paul City Council hereby makes the following order: 06 - �S3 L The above referenced interested or responsible 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 cosecting 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 alternarive by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolirion and removal of the structure must be completed within�ee�-(-�5}days after the date ofthe CounCil Hearing. one hundred eighty (180) 2. If the above corrective action is not completed within this period of time Neighborhood Housing & Property Improvement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge 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. 02 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 03 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yeas Na s Absent Benanav � Bostrom i / Harris ,� Helgen � Lanhy ;/ Montgomery � Thune f &� U / Adopted by Council: Date /��/��l/ i Adoption Certified by Coi ¢il Secretary By: i// Approved a Date JO — Z�l"�fo By: Requested by Depariment of: Neighborhood Housing & PropertyImprovement �/. �� � Form Ap v d by City Attorne} By: Form Approv ayor for Submission to Council By: -�.� AA-ADA-EEO Employer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Db -� �epartmentlofficdeou�il: Date Initiated: NH -���H� �A�� Green Sheet NO: 3031885 � CoMact Person 8 Phw�e: ��rtmeM Sent To Person InitiallDate Bob Kessler � 0 r o' r 266-1927 psygn 1 r Ao ' mentDirecto '�`� Must Be on Council /igenda by (Date): Numb� Z � _ ZOSEP-06 Por Ra �� 9 3 or's Office Ma or/ t pb� 4 omal 5 ' Cierk C' Cler Total # of Signature Pages _(Clip NI Loeations for Signature) Action Requested: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced buildings(s). If the owner fiils to comply with the resolution, the Neighborhood Housing & Property Improvement is ordered to remove the building. The subject properry is located at 445 Hatch Avenue. Recomme��ions: Approve (A) or Rejed (R): Personal Service CoMraets Must Answer the Following (iuestions: p ��� � � 1. Has this personffirm ever worked under a coMract fw this departmeM? CIB Committee Yes No Civil Service Commission 2. H� this persoNFirm ever been a city employce? Yes No . 3. Does this person/firm possess a skill not nortnally possessed by any current city emplqree? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating 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 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 445 Hatch Avenue by July 10, 2006, and have failed to comply with those orders. AdvaMages If ApProved: 1dE(��80 (�$1 The City will eliminate a nuisance. ' a �� e s� d� a�uc � 2oos Disadvantages N Approved: �° The City will spend funds to wreck and remove trus building(s). These costs will be assessed to the property, co�� e9wa°�a special assessment against the property taxes. Disadvanbqes IF Not Approvetl: A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. ��� ra�ia���c� Cost/RevenueBud9eted.Y AUG 0� Zuuo Trensaction: FundingSouree: 33261 ActivityNumber. �E ������� Financia� �MOrmation: � R@SE21'C�l L'811t8C (Expiain) AU6 09 2006' NEIGHBORHOOD HOUSNG AND D � ' � l PROPERTY IMPROVEMENT Richard Lippert, Manager of Code EnforcemenE CITY OF SAINT PALTL Christopher B. Coleman, Mayor Nuisance Building Enforcement August 4, 2006 1600 White Bear Ave N Tel: (651) 266-1900 Saint Pau1, MN i i 106 Fac (6� 1) 266-1936 NOTICE OF PUBLTC HEARINGS Council President and Members of the City Council Neighborhood Housing & Property Improvement , Vacant/Nuisance 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 445 Hatch Avenue: The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, September 5, 200b City Council Hearing — Wednesday, September 20, 2006 The owners and responsible parties of record are: Name and Last Known Address Judy Kahl 203 Front Avenue St. Paul, MN 55117 7P Morgan Chase Bank c/o Homecomings Financial 9350 Waxie Way San Diego, CA 92123-1015 Claud Worrell Remaaz Results 1035 Cedar Lake Road South Minneapolis, MN 55405 The legal description of this property is: Interest Fee Owner Mort�age Holder �� Estate Agent nC%/ Re s�ar�h �� � Lot 45 and 46, Block l, Neuru and Wallraffs Addition to St. Paul C �nter AA-ADA-EEO Employer p6 -�3 445 Hatch Avenue Au�ust 4, 2006 Pa�e 2 Neighborhood Housing & Property Improvement has declared this buildin�(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Housing & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razin� 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 Neigh�iorhood 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:ml cc: Frank Berg, Building Inspection and Design Judy Hanson, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division September 6, 2006 Legislative Hearing �-�e,c� �13 C b ls � Page 5 Enforcement estunates the cost to repair the building to be approxunately $60,000 to $70,000 and the cost for demolition to be approximately $6,000 to $7,000. There had also been two summary abatements issued to this proper[y: remove unproperly stored refuse and to secure the building. Code Enforcement recommends the building be demolished within 15 days. No one appeared; Ms. Moermond recommended fifteen (15) days to remove the building with no oprion for repair. `�� 5. Resolution ordering fhe owner to remove or repair the building(s) at 445 Hatch /1 Avenue. If the owner fails to comply with the resolufion, 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 Mazch 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 July 10, 2006. To date, the owner had done nothing to abate this nuisance. Ramsey County Tasation 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 sununazy abatements issued to this property: 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 squaze feet. The building had been vacant since September 19, 2005 and the vacant building fees had not been paid far 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 arder 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 mazket value of the land to be approximately $38,000 and the building to be $155,400. Real estate taaces 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 summary abatements issued to this property: cut 0(0-$83 October 17, 2006 Minutes of the Legislative Hearing Page 10 6. Resolution ordering the owner to remove or repair the building(s) at 445 Hatch Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement (NHPI) is ordered to remove the building. (Laid over September 19) Claude Worrell, Realtor, presented a signed Purchase Agreement from the buyer and was awaiting the seller to sign the agreement. He also presented a work plan and fmancial documentation outlining the buyer's financial wherewithal to complete the rehabilitarion of the building. Ms. Moermond stated she would recommend to the City Council that they grant the owner one hundred-eighty (180) days to rehabilitate the property.