06-885AMENDED 9/20/2006
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Council File # � "��I
Green Sheet #3 Q3/SBa,
RESOLUTION
CITY 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 four unit dwelling located on property hereinafter refened to as
4 the "Subject Property" and commonly lrnown as 90 Winnipeg Avenue . This property is legally
5 described as follows, to wit:
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Lot 14, Block 5, Lewis Addition.
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood Housing & Property Ixnprovement on or before March 14, 2006 , the
following are the now laiown interested or responsible parties far the Subject Property: Phong Vang /
Nou Vang, 3038 Carey Heights Drive, Maplewood, MN 55109-5533; Ocwen Federal Bank FSB,
Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808
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 22, 2006; and
WHEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subj ect 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 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 &
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
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32 WF�REAS, the interested and responsible parties have been served notice in accordance with
33 the provisions of Chapter 45 of the Saint Paul I,egislative Code, of the time, date, place and purpose of
34 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, September 5, 2006 to heaz testimony 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-rek�i�ating-�Yus
stxietn��raeeardanee�+}ti�-nl�ap�keabie-ea�an�vrdnrmte,�es,-erirr-fheaitenr�rtirei�q demolishing
and removing the structure in accordance with all applicable codes and ardinances. The reirn�iiitatirnr
-vr demolirion of the sriucture to be completed within�f'ifteea�45� days after the date of the Council
Hearing; and five (5)
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 90 Winnipeg Avenue :
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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 conect the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been conected.
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 tlus 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.
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The Saint Paul City Council hereby makes the following order:
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L The above referenced interested or responsible parties shall make the Subject Properiy safe
and not detrimental to the public peace, health, safety and welfaze and remove its blighting
influence on the community l���e�abii�tat�g-t�s§�et�re�8eting-s��def eiet�>ie�as
gresari�edzn
app�ie�ablert.�o�.�s�-erckinanees,v�� `r Q�ii�naii� by demolishing and removing the
structure in accordance with all applicable codes and ordinances. The �ekab�i�at�eao�
demolirion and removal of the structure must be completed within €'tt'teeir f�5}days after the
date ofthe Council Hearing. five (5)
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 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.
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 & Proper[y Improvement
Adopfion Certified by Council Secretary
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Approved by yor: ate � 2� ��p
By:
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Form A ov d by City Att me
By: �
Form Apprope¢-by yor for Submission to Council
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By . ��,�. , ��=�
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AdoptedbyCouncil: Date �-���Q(f(a
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
NH ��s�no,�oaxa,s�/r�ny
CoMact Person & Phorre:
Bob Kessler
266-1926
26SEP-06
Date Initiated: ���
�,� � Green Sheet NO: 3031882
■�►
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Sent To Person InitiallDate
0 Neieh6orhood Aoosire/Procer I I
1 r Hoosi r ut Director
2 Attorn
3 r's Oifice a oNA.ssistant
4 oattil
5 ' Clerk C' er
City Council to pass ttus 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 90 Winnipeg Avenue.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Canmission
Personal Service Contraets Must Mswer the Foliowing puestions:
1. Has this persoNBrtn e�er worked under a contract for this departmeM?
Yes No
2. Has this persaUfirtn e�er been a city employee?
Yes No
3. Does this personffirtn possess a skill not normaily possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Inkiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvaMages If Aparoved:
The City will eliminate a nuisance.
DisaAvaMages If Approved:
The City will spend funds to wreck and remove this building(s).
assessment against the property tases.
AUG �J 2006
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These costs will be assessed to the properry, collected as a special
DisadvaMages If NM Approved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
• �wTransaction: 7000
Funding Source: 33261
Financial IMortnation:
(F�cplain)
CosURevenue Budgeted: y
Activ'rty Num6er.
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NEIGHBORHOOD HOUSING AND
PROPERTY IMPROVEMENT
Richard Lippert, Manager af Code Enforcement
CITY OF SAINT PAUL
Christopher B. Caleman, Mayor
Nuisance Building Enforcement
August 4, 2006
1600 White Bear Ave N Tel: (6S1) 266-1900
Saint Paul, MN>jl06 Fax: (651) 266-19?6
NOTICE OF PUBLIC 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 90 Winnipeg Avenue:
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
Phong Vang / Nou Vang
3038 Carey Heights Drive
Maplewood, MN 55109-5533
Ocwen Federal Bank FSB
Corporation Service Company
2711 Centerville Road, Suite 400
Wilmington, DE 19808
The legal description of this property is:
Lot 14, Block 5, Lewis Addirion.
Interest
Fee Owner
Mortgage Holder
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90 Winnipeg Avenue
August 4, 2006
Page 2
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Neighborhood Housing & Property Improvement has declared 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 known responsible parties to eliminate this nuisance
condition by correcting the deficiencies or by razin� and removin� 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 Neighborhood Housing & Property
Improvement that the City Council pass a resolution orderin� the responsible parties to
either repair, or demolish and remove Yhis 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 Aousing & 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-Housing Division
September 6, 2006 Legislative Hearing
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tall grass and weeds, remove rubbish and garbage in yazd, remove snow and ice and secure the
building from trespass. The City has also had to boazd the building four times to secure it from
trespass.
Swtt Miles, RemaY Properties, appeared 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 following 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 taxes must be paid; 5) a work plan must be provided outluung 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 Winnipee
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, fow-unit dwelling on a lot of 4,791
square 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
— def eiencies wtrich constitnte a nnisan�e conflitiori was deve An orde�o 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 Taxation has estimated the
market value of the land to be approximately $60,000 and the building to be $264,500. Real
estate ta�ces were current. Code Enforcement estimates the cost to repair the building to be
approximately $60,000 to $70,000 and the cost for demolition to be approximately $8,000 to
$10,000. There had also been nine suminary 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 Pauls to a Summary Abatement Order for property at 1265 Rice
Street. (NHPI)
No one appeazed; Ms. Moermond recommended denying the appeal.