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06-935Amended 10/04/2006 Council File # b — .3 S Green Sheet # 3032169 �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA 1 WHEREAS, Neighborhood Housing & Froperty Improvement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair 3 or wrecking and removal of a two-story, masoruy dwelling located on property hereinafter 4 referred to as the "Subject Property" and commonly known as 651 BLAIR AVE. This property 5 is legally described as follows, to wit: LOT 23 DALE STREET ADDITION TO THE CITY OF ST. PAUL. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighbarhood Housing & Property Improvement on or before Apri12, 2006, the foliowing are the now known interested or responsible parties for the Subject Property: Fawaz Wazwaz, 2866 Aspen Lake Drive, Blaine MN 55449; Fawaz Wazwaz, 2834 117` LN NE, Blaine MN 55449-5516; Mortgage Electronic Registrarion Systems, Inc., 10790 Rancho Bernardo Road, 5an Aiego CA 92127; Usset & Weingarden PLLP, 4500 Park Glen Road # 120, Minneapolis NIN 55416 WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the provisions of Chapter 45 of the Saint Paul L,egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated July 19, 2006; and WHEREAS, this order informed the then known interested or responsible parties that the sriucture 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 shucture located on the Subj ect Property by August 18, 2006; and WI�EREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WIlEREAS, this nuisance condition has not been conected and Neighborhood Housing & Property Improvement requested that the City Clerk schedule pubiic hearings before the Legislative Hearing Officer of the City 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 i 0�-93.� 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 79 80 81 WIIEREAS, a hearing was heid before the Legislarive Hearing Officer of the Saint Paul City Council on Tuesday, September 19, 2006 to heaz testimony and evidence, and after receiving testimony and evidence, made the recoxnmendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimentai to the public peace, health, safety and welfare and remove its blighting influence on the community by ��hilifofi»n A�ic eM�nfn�c :» o n�rAonrc t:�ith oll �r�r�lirohlc rnAac nnA nrAinonnoc n n fha ��*P*^�..*�•��h� demolishing and removing the structure in accordance with all applicable codes and ordinances. The �al�iYatieu.a� demolition of the structure to be completed within-€�€te�- {�5}days after the date of the Councii Hearing; and five <5) WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 4, 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 651 BLAIR AVE . 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 five thousand dollars ($5,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. 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). 5. � 7 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 declazes it to be a nuisance condition subject to demolition. That this building has been routinely monitored by Neighborhood Aousing & Property Improvement, Vacant/Nuisance Buildings. That the irnown interested parties and owners aze as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. 0�-93.� g2 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 l0A 105 106 107 108 �.� . The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shail 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 * Ph��.;i;r�r;,,� *h;� efi-�irfiira anrl rnrrartina all �e&ciPncies as}�rescab the atjnve rPf[y'e,IyCPA r tn Aha nicanra Rniltiina�(cl� in .._a., e .;.w .,n n��� ;,..,�.io ,.,�o „a „r,a;,, o� = „ rhA �ir +�� 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 �����days after the date of the 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 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. 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 ardered, 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: NeighboLhood Aousing and Properry Improvement ':��f�,.'�� Adoprion Certified by Council Secretary BY ` S/�� Approved by M e b� — fJ (� By: Adopted by Council: Date / f�/�,t�o7�U/o � Green $heet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departmentlofficelcouncil: Datelnitiated: Db—�3,j NH NeighborLoodHousiog/Properry ,�� Green Sheet NO: 3032169 CoMaM Person 8 Phone: Bob Kessler 26Cr9013 Must Be on Couneil Ageni 04OCf-06 Doc. Type: PUBLIC HEARING (RESOLUiU E-0ocumentRequired: Y DocumentContact: Ma�cirieLinston Contact Phone: 266-1938 � Assign Number For Routing �fd¢f Soial # of Signature Pages _(Clip NI Locations for Signature) 0 e� h A sm r er 1 ei hborh A nsin o er De arhnent irector 2 'N Atto 3 e or's ffice Ma or/Assistant 4 ouncil 5 i Clerk 6 erk Ciry Council to pass this resolurion wluch 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 & Properiy Improvement is ordered to remove the building. The subject property is located at 651 BLAIR AVE idanons: Approbe (A) or Ke]ect (K): Personal servfce Goniracts MustMSwerthe Following Questions: Planning Commission 1. Has this persoNfirtn e�er worked under a contract for this department? CIB Committee Yes No CiHI Service Commission 2. Has this persoNfirtn e�er been a city employee? Yes No 3_ Does this persoNfirtn possess a skill rrot nonnally possessed by any current city employee? Yes No Explain all yes answers on separete sheef and aftach to green sheet Initiating Problem, lssues, Opportunity (Who, Wha; 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 Legisla6ve Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repau or remove the building at 651 BLAIR AVE by August 18, 2006, and have failed to comply with those orders. AdvanWges IfApprovetl: The City will eliminate a nuisance. Disadvantages If Approved: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special ' assessment against the properry tases. Disadvantages If NotApproved: , A nuisance condirion will remain unabated in the City. This building(s) will conrinue to blight the community. TotalAmountof 8000 Trensaction: Fundingsource: Nuisance Housing Financiallnformation: Abatement (Explain) CostlRevenue Budgeted: Y Activity Number: 30251 Courrcil Research C�r�te�' AU6 312D06 aus � � ���,� .. �" August �7, 2006 5:17 PM Page 1 NEIGHBORHOOD HOUSI�G AVD PROPERTY I�iPROVE�IE\T Dick LiD�ert. hlanaser ofCode Enfon CITY OF SAINT PAUL ChristopherB. Coleman, hlayor Au�ust 18, 2006 Nuisance Building Enforcement 1600 GL7�ite Bear Ave N Saint Paul, �LLV.S�l06 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council .:. n� -93� Tel: (6�I)166-1900 Fcr�y (6i 1) 266-19?6 O� iJ� �� s 9G ��'� ��� c��� e� 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 buildin�(s) located at: 651 BLAIR AVE The City Council has scheduled the date of these hearings as follows: Legislative Hearing — Tuesday, September 19, 2006 City Council Hearing —`Vednesday, October 4, 2006 The owners and responsible parties of record are: Name and Last Kno�vn Address Fawaz tiVazwaz 2866 Aspen Lake Drive Blaine MN 55449 Fawaz Wazwaz 2834 117th Ln iVE Blaine MN �5449-5516 Mort�age Electronic Re�istration Systems, Inc 10790 Rancho Bzmazdo Road San Die�o CA 92127 Usset & Weingarden PLLP 4500 Park Glen Road # 120 Minneapolis MN 55416 Interest Fee Owner Fee Owner Alt. Address �lortgage Holder Attomey AA-ADA-EEO Employer �I (P ' ° I 3`� 651 Blair Avenue August 18, 2006 Pa�e 2 The Izgal description of this property is: LOT 23 D�I,E STREET ADDITIO\ TO THE CITY OF ST. PAtiL. Neighborhood Housin� & Property Improvement has declared this buildin�(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Nei�hborhood Housin� & Property Improvement has issued an order to the then kno«n responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to su��er the bli�htin� influence of this property. It is the recommendation of the Neighborhood 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 Neiehborhood Housing & Property Improvement to proceed to demolition and removal, and to assess the costs incurred a�ainst the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, •� C! i i , Steve Ma�er Vacant Buildings Supervisor Neighborhood Housing & Property Improvement SM:mI cc: Frank Ber�, Buildin� Inspection and Desib Judy Hanson, City Attomeys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housin� Division pubhmg60133 September 19, 2006 Legislative Hearing dle 935 Page 22 � make sure that they all have a common understanding and see whether a more productive conversation can take place about where to go from here. Ms. Moermond noted that she cannot represent the City in that conversation; she is an enforcement person in this hearing room, not a negotiator. Ms. Moermond recommended a lay over to the 1:30 p.m. October 3, 2006 Legislative Hearing. She told N1r. Brusilovsky that he would get a letter as to time and date. They will need to comply; however, a deadline needs to be deternuned for compliance and interim measures need to be discussed. (Ms. Moermond asked the secretary to contact Tom Beach, LIEP, or PED to see what they have on reviews and community notification, etc.) A recess was taken at 1:10 p.m. The hearing was re-convened at 1:34 p.m. �. 651 Blair Avenue Resolution ordering the owner to remove or repair the building(s) at 651 Blair Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement (NHPn is ordered to remove the building. No one appeazed. Mr. Magner, NHPI, reported that this properry has been vacant since January 31, 2006. The City has boarded the building to secure it against trespassing; there have been four (4) Summary Abatement Notices issued: removal of tall grass and weeds; improperly stored refuse; garbage; brush; and securing the building. On June 29, 2006, an inspection of the building was conducted and a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An Order to Abate Nuisance Building was posted on July 19, 2006 with a compliance date of August 18, 2006. As of this date, the properiy remains in a condition which comprises a nuisance as is defined by the Legislative Code. Vacant Building fees have not been paid; the building has not been registered. TaYation places an estimated market value of $51,000 on the land and $76,200 on the building. A Code Compliance Inspection has not been completed; a bond has not been posted. Delinquent taYes in the amount of $559.28 for 2005 have not been paid. The estimated cost of repairs is between $60,000 -$70,000; the cost of demolition between $7,000 -$8,000. Based on those condition, NHPI recommends removal of this property within fifteen (15) days. Ms. Moermond stated that the photographs look pretty bad. Ms. Moermond recommended that the Order to Remove and Repair be amended to be a 5-day Order for this building's zemoval.