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06-885AMENDED 9/20/2006 �1 `/ 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: 6 Lot 14, Block 5, Lewis Addition. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 �6 -�"�S 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 35 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 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 : 1. 2. 3. 4. 5. 6. � 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. AA-ADA-EEO Employer �� �8 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 -��s 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 B � O Approved by yor: ate � 2� ��p By: /'It� .��: / Form A ov d by City Att me By: � Form Apprope¢-by yor for Submission to Council lL.l , , Q , By . ��,�. , ��=� AA-ADA-EEO Employer AdoptedbyCouncil: Date �-���Q(f(a D6 ��5� � 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 �����'� ���If 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. AUG p g 2GtJb r � �' ' - a - ",���AL �.xi'.,-, - , f' II� � -��.� 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 ��UnCII RGS �'arGtl �1UG 08 ZQO6 �°PYp@� AA-ADA-EEO Employer 90 Winnipeg Avenue August 4, 2006 Page 2 p6 - ��S 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 ��� �-k� ��_ � �� Page 6 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.