06-936Council File # Q�p — 3�
Green Sheet # 3032168
CITY OF
Presented
AMENDED 10/18/2006
RESOLUTION
NT PAUL, MINNESOTA
31
1 WHEREAS, Neighborhood Housing & Property 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, wood frame triplex with an attached, one-stall, wood
4 frame garage located on property hereinafter referred to as the "Subj ect Property" and commonly
5 known as 719 CASE AVE . This property is legally described as follows, to wit:
LOT 14 BLOCK 18, ARLINGTON HILLS ADDITION TO ST. PAUL
9 WTIEREAS, based upon the records in the Ramsey County Recorder's Office and
10 information obtained by Neighborhood Housing & Property Improvement on ar befare Apri12,
11 2006, the following are the now known interested or responsible parties for the Subject Property:
12 Giovan O Claros/Elena K Claros, 15569 Finch Avenue, Apple Valley, MN 55124-5822; Giovan
13 Claros, 15050 Cedar Ave S Ste ll6-16, Apple Valley, MN 55124; Select Portfolio Servicing,
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3815 SW Temple, Salt Lake City, UT 84115, Attn: 719 Case Avenue / DLJ Mortgage Capital
Inc.; Wilford & Geske, 7650 Currell Blvd Suite 300, Woodbury MN 55125
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 July 17, 2006; and
WHEREAS, this order informed the then lrnown interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WFiEREAS, this order informed the interested or responsible parties that they must repair
or demolish the structure located on the Subject Property by August 17, 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
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul Legislarive Code, of the time, date, place and
purpose of the public hearings; and
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WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul
City Councii on Tuesday, September 19, 2006 to hear testimony and evidence, and after
receiving testixnony 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
et,7,:��,,•„ ,7,� ..,.. t, �7 •r7, n ,.�; ..a,._a:,, ,.,t,
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sk�ar-ka�re�3�demolishing and removing the structure in accordance with all applicable codes
and ordinances. The TPh��;�;+�+;^r ^* demolition of the stnxcture to be completed within fifteen
(15) days after the date of the Council Hearing; and
WHEREAS, a hearing was held before the 5aint Paul City Council on Wednesday,
October 4, 2006 and the testimony and evidence including the action taken by the Legislative
Hearing Officer was considered by the Council; now therefore
BE IT RESOLVBD, 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 Subj ect Property at 719 CASE AVE .
1.
2.
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
five thousand dollars ($5,000.00).
That there now exists and has existed multiple Aousing or Building code
violations at the Subject Property.
4. 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 tha
building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Neighborhood Housing & Property Ixnprovement 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 Tmprovement, Vacant/Nuisance Buildings.
8. 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.
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The Saint Paul City Council hereby makes the following order:
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
bll�ltlllg II1fl.11CIICe OR �1P. COTIlIT1UIllty b}� �'Pti1Ohil�tofti»o tl�i e4nirfi�rP �rrl r�r�mArt:.�r* �ll
[]e_fi�ianriPC ac nrPCrril� t� in t}� ahn r rPfP nrpA (1 Aar t �h�tc hTnie�r�rr R.�ilAinR(c\ :
?rrnr�lanrP �xrith all annlirahlP rnAPe anA nrAinonrce _+. tho �ltP,++�ti.>P 3. � demO11SI11Ilg
and removing the structure in accordance with all applicable codes and ordinances. The
���a�xatie�-e� demolition and removal of the shucture must be completed within
fdteen (15) days after the date of the Council Hearing.
2. If the above correcrive action is not completed within this period of time Neighborhood
Housing & Pzoperty 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 Sub}ect Property pursuant to the provisions of Chapter 45 of the Saint Paul
Legisiative Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all
personal property ar 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 Depar[ment of:
Adopted by Council: Date /Q �j� ��plJ�
i
Adoprion Certified by Counci Seaetary
BY� �/1ikS�i�
Approved ayo - Date —y —O(
By:
1� i � /
i
�, Green Sheef Green.Sheet Green SheetGreen Sheet Green Sheet Green Sheet �
Departmentloffice/council: � oa����a�: Green Sheet NO: 3032168 0 � /��
NH Neighbor600dHousing/Propeny 7&AUG-O6
Contact Person 8 Phone:
Bob Kessler
266-9013
Must Be on Council Agenda 6y (Date):
04-0CT116
Doc. Type: PUBLIC HEARING (RESOLUiN
E-DOCUmentRequired: � y
DocumentConfact: Ma�cineLinston
Contact Phone: 2661-1938
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0.5si9n
Number
For
RouGng
Order
0 @V ' h6 rM1ood A s'nnlP e I i
i ei hb r6aod Housin o er De arMen[ Director
2 i Attome
3 a or's ce Ma odASSispnt
4 ooncil
5 Clerk erk
Total # of Signature Pages _(Clip NI Locations for Signature)
Action 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 resolufion, the Neighborhood Housing & Property Improvement is ordered to remove the building. The subject
property is located at 719 CASE AVE. _
�datiais: Appro�e (A) or Reject (R):
Planning Commission
CIB Committee
Ci�il Service Commission
Personal
1. Has this person/firm eeer worked under a contract for this department�
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Does this persoNfitm possess a skill «ot nomtally possessed by any
current city employee?
Yes No
Explain all yes answers on sepamte sheef and attach W green shest
Initiating Problem, Issues, Opporlunity (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 Chaptec 43 of the Saint Paul
Legisla6ve Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building a[ 919 CASE AVE by August 17, 2006, and have failed to comply with those orders.
Advantages If Approved:
The City will eliminate a nuisance.
.A V l3 J 1 2006
Disativantages tFApproved:
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 property taxes.
Disadvantages M Not Approved:
A nuisauce condition will remain unabated in the City. This building(s) will conrinue to blight the community.
ToWlMwuatof g000
Trensaction:
Fundingsource: Nuisance Housing
Financiailniortnation: Ab2temePl1
(F�cplain)
CostlRe�enue Budgeted: Y
Activity Number. 30251
Council Rese�rch CEnt��
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August 17, 2006 5:0$ PM Page 1
OC� — 93c�
September 19, 2006 Legislative Hearing Page 10
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Ms. Moermond recommended a two week layover. She will ask the City Council to continue the
public hearing, laying it over to October 18, 2006.
� 719 Case Avenue
Resolution ordering the owner to remove or repair the building(s) at 719 Case Avenue. If
the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement (NHPn is ordered to remove the building.
Mr. James A. Geske, attorney for DLJ Mortgage Capital, Inc., and Hal Edwards, Edina Realty,
appeared.
Mr. Magner reported that 719 Case Avenue is a tri-plex that, according to NHPI files, has been
vacant since September 20, 2005. The current properiy owner for Ramsey County is Devoni
Carlos. It is his understanding that the property was foreclosed and has gone back to the
Mortgage Company. The building has been boarded to secure against trespassing and there have
been three (3) Summary Abatement Orders issued for tall grass and weeds, garbage, refuse and
securing the building. On June 20, 2006, an inspection of the building was conducted with a list
of deficiencies which constitutes a nuisance. Conditions were developed and photographs were
taken. An Order to Vacate the building was posted on July 17, 2006 with a compliance date of
August 17, 200b. As of today's date, the property remains in a condition which comprises a
nuisance as defined by the Legislative Code. Registration fees have not been paid as of
September 18, 2006. Taxation has placed an estimated market value of $44,104 on the land and
$215,800 on the building. Mr. Magner suspected that those numbers have not been re-evaluated
xecently. Neithex the Code Compliance Inspection nor tbe team inspection ha�e been completed.
No bonds or permits have been issued. TaYes are current. There are a number of deficiencies
and a team inspection from the Fire Department would need to be completed to obtain permits; a
bond would have to be posted; and work would need to commence. A Certificate of Occupancy
would need to be obtained to allow the building to be occupied.
Ms. Moermond noted that she doesn't have any head-on photographs of the building. Mr.
Magner stated that he probably has those back at the office. He will submit those to the City
Council prior to the public hearing.
Mr. Geske testified that they started the foreclosure process in December 2005 with a sale date
set for May 18, 2006. The sale did go through on May 18, 2006 with his client as the purchaser
with a six (6) month redemption period, originally set to expire on November 18, 2006. Based
on the vacancy of the property, his client, at his own cost, started action to reduce the redemption
period to five (5) weeks. That process started on June 21, 2006; the hearing took place on
August 2, 2006 and the court granted their motion. The redemption period was shortened to
September 6, 2006. At that time, his client contacted Edina Realty to get it cleaned-up. Mr.
Geske would like to get a continuance of this matter. They just found out about this one month
ago on August 19, 2006. They had not received any of the Notice letters until the Notice of this
hearing. He added that Mr. Edwards has ananged a meering for Thursday, September 21, 2006,
to have all those inspections done. Since they have become the owner of the property, they have
September 19, 2006 Legislative Hearing
Ot�- �310
Page 11
had two (2) offers on the property. They are taking a very active and aggressive interest in this
property since they became the owner of the property; their hands were tied until that point.
Mr. Edwards testified that since they have become involved, they have had more than one
general contractor putting in bids for repairs and rehab. The house has been cleaned inside and
out; the dumpster is awairing pick-up. Edina Realty has also been talking to investors who deal
with rental property: duplexes and four-plexes. Already, they have had a couple offers. The
Fire Inspection is set-up for 1:00 p.m. Thursday, September 21, 2006.
Mr. Magner reported that the building has not been registered prior to the new owners. He has
received phone calls from both the gentlemen present today, and has informed them of this
process; and the need far them to register the vacant building and follow through on the
maintenance issues.
Ms. Betty Revoir, community activist, testified representing Jean King, a next door neighbor to
this property. Ms. King wanted to be present today but an emergency came up for her. The
neighbors had filed two (2) petitions: 1) one (1) in 2005; and 2) another in 2006. They would
prefer that this property be torn down. They will not be happy to know that it's been sold. They
feaz another slum lord coming into their neighborhood. Copies of impact statements were
submitted as well as photos of the home.
(Secretary made copies and submitted them to the appellant and staff.)
Ms. Laurel Nelson, community activist, testified that this property has been a very problematic
issue in the neighborhood. It keeps re-cycling; the same problems exist over and over again.
She read the petitions into the record:
(2005) — 719 Case Avenue has been a disorderly house where numerous drug deals have
taken place by various residents. Prostitutes have lived in the dilapidated building. There is
increased noise and traffic at all hours of the night when these activities occur. The peace is
broken fYequently with music blasting and profanities, both by music and the tenants at all hours
of the night. Unbagged garbage, over flotiving dumpsters and frequent turnover of tenants
leaving large quantities of abandoned possessions when they move, which is the norm for this
address which creates litter. The problems are never fixed for long; the dilapidated looking
exterior is a magnet for the worst tenants. This properry has an excessive consumption charge
on it. We would like the City of Saint Paul to acquire this property, tear down the old building
and buiZd a single family home. Now is an excellent time as it is again, for sale, and only one
unit is currently occupied. (There are eighteen (18) signatures on this petition.)
(2006) — 719 Case Avenue has been a disorderly house where numerous drug deals have
taken place. ProstiZutes have lived theYe; a shoating has happened. It is a dilapidated building
which is a magnet for the worst of renters. Currently, this building is a Registered Vacant since
the downstairs renters were finally successfully evicted on September 22, 2005. This was a
challenge since they freguently broke-in and continued to live there several times. When
occupied, there is frequent very loud music blasting and profanities both by music and the
tenants at all hours of the night and day. Also, unbagged garbage, overJlowing dumpsters and
September 19, 2006 Legislative Hearing
O1�-131�
Page 12
frequent turn over of owners and tenants leaving large heaps of abandoned broken possessions
worsening frustrations of the neighbors. We would Zike the City of Saint Paul to have this
property torn down and allow only a single family home to be built as we already have too many
rental properties on this bZock. Again, we are signing a petition. (There are twenry-three (23)
signatures on this one.)
(Secretary made copies of this material and submitted them to staff and the appellant.)
Ms. Leslie McMurray, Execufive Director, District 5 Planning Council, submitted a letter from
the District 5 Planning Councii Board of Directars which at its August 29, 2006 board meeting
unanimously voiced opposition to the rehab and potential future leasing of the building at 719
Case Avenue. There has been a long and difficult history with this properry including nuisance
behaviors which are tied to the shucture and the size of the lot and the fact that, being a triplex,
the density is not viable on that lot. Alternatives for this land should be pursued. In the past two
(2) years, twenty-seven (27) complaints were filed with the City. District 5, the City and Fire
Prevention (Pat Fish) have tried to negotiate with landlords and residents without success. Their
concern is that in spite of new ownership, the property itself is not viable. She notes that this
properiy is contained within the boundaries of a 40-acre study that is cunently being worked on
with Planning and Economic Development. They are hoping to get new zoning insrituted that
would allow homes that are vacant be re-converted to a less intensive use. They feel that a
triplex is untenable at this site.
Mr. Geske said that it sounds as though this property has a colorful history; however, from the
record, it appears that none of this has happened within tlie past twelve (12) months due to its
vacancy. He repeated that he is asking for a small window of time to let his client, whds
become the owner of the property, to re-evaluate what is best for this property, under the
circumstances.
Mr. Magner reported that they receive a notice from Ramsey County as to who the owner of the
property is. Until Ramsey County records are changed, and someone becomes entitled, their
office would not receive a notice, even though the attorney has filed a Notice of Pendance.
Ramsey County does change their names and does not add them to the property as either fee
owner, contract holder, tax payer or homesteader. Even today, Ramsey County would probably
still show that Giovanni Carlos and Elana Carlos are still the owners, residing in Apple Valley,
Minnesota. When there is a substantial Abatement, the City does go the next level and order an
Owner Encumbrance Report. From there, they can glean the informarion that, in this case, a
foreclosure has happened and a mortgage company is the ovmer. Then their office can send
notification of a hearing. Mr. Geske's firm received certified mail so that they would be aware
of this hearing process. Once those letters go out, their office routinely gets phone calls
indicating that they are somewhere in this process. Most mortgage companies don't do anything
until the last days; some aze proacrive and take steps as soon as they find out and notify them.
Ms. Moermond stated there are some historical behaviors that have taken place that have not
taken place under current ownership. This property has largely been abated for almost a year.
She understands that there are srill some physical problems with the property. IYs a terrible
circumstance when there's been a foreclosure and you can't chase down a responsible parry.
September 19, 2006 Legislative Hearing
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This neighborhood is experiencing this phenomenon en masse. Legally, however, it can't be put
on the mortgage company.
Ms. Moermond continued to say that there isn't the ability in this process to take into account the
long-term plauning interests of the neighborhood. Conversion to a single-family home is an
owner-occupied type of circumstance. Checks to acquire the home can not be written in this
legislative hearing process. This is all about enforcement and abating the nuisance condition that
e�sts there and the nuisance that the building represents.
Ms. Moermond listed some of the information that she looks for: 1) earmarks of a tough
situarion; 2) the City has had to board it up; 3) the City has had to maintain it—mow the lawn,
picking-up garbage; 4) it has not even been registered as a vacant building; 5) there has not been
a Code Compliance Inspection; and 6) no bond has been posted. The only good thing she sees
right now is that the real estate taxes have been paid. Because of the neighborhood pressure, she
thinks they will need to do a very aggressive program. The Code Compliance Report will
probably dictate where this goes. Ms. Moermond asked if they would rehab the building
themselves or sell it to someone who would rehab it. Mr. Edwards responded that either is a
possibilaty. They will have the general contractors in to give bids to get things started and go
from there. The plan will come about depending on what the numbers are.
Ms. Moermond noted that she needs: 1) a Code Compliance Inspecrion (a team inspection of
four (4) trades) that tells her what is wrong with the building and what needs to happen before a
human being can live in it again; 2) a Work Plan that tells her that they understand the scope of
what it entails; 3) she needs to latow that there's the financial capacity on the part of the owner to
execute the rehab; 4) a$5,000 performance bond posted (returnable at the 6-month juncture if
the work is done}; and 5) the building needs to be registered as a Vacant Building. She noted
that she is inclined to give them two (2) weeks and recommend to the City Council that they
have the pubiic hearing not on October 4, 2006, but rather on October 18, 2006 with the
condition that: 1) the Code Compliance Inspection is done; 2) the $5,000 bond is posted; and 3)
the Vacant Building fees aze paid. Also, she wants them to reappear at the Legislative Hearing
scheduled for 10:00 a.m. Tuesday, October 3, 2006 to find out how the plans are going.
Ms. Moermond recommends a layover to the 10:00 a.m. Legislative Hearing on Tuesday,
October 3, 2006.
Ms. Moermond added that in these circumstances, the City Council members show very little
patience as a rule. Getting those three (3) things done would put forth a show of good faith.
Before she can make any recommendation to the Council to grant time, the Work Plan and
Financial Plan would also need to be submitted. These requirements apply not only to the
appellant but to anyone to whom the property is sold. Since they are asking for additional time
and they are relying on the good graces of the Council, any assurances that they can provide that
address the issues of the neighbors would probably go a long way. In terms of the manager of
the property, the use of Crime Free Multi-Housing Guidelines and tenant screening will tell the
City Councii that you are, in earnest, trying to improve the situation, not oniy of this property,
but of the neighborhood.
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MINUTES OF THE LECTISLATNE HEARING
ORDERS TO REMOVE/REPAII2, CONDEMNATIONS, ABATEMENT ASSESSMENTS,
ABATEMENT ORDERS, RENTAL REVOCATION CERTIFICATES
Tuesday, October 3 2006
Room 330 City Hall, 15 Kellogg $lvd. West
Marcia Moermond, Legislarive Hearing Officer
The hearing was called to order at 10:00 am.
STAFF PRESENT: John Betz, Neighborhood Housing and Properiy Improvement (NIIPI), and
Steve Magner, NHPI
4. Resolution ordering the owner to remove or repair the building(s) at 719 Case Avenue. If
the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement (NHPI) is ordered to remove the building. (Laid over from September 19)
Mr. Magner stated he had not received any additional information concerning this property since
the previous hearing on September 19 except for a petition and a letter from District 5 regarding
their concems with this property. Ms. Moermond stated that she had received two phone calls
from 7ean King, a neighbor, who expressed concerns over the property.
James Geske, attorney representing the properiy owner, Hal Edwards, stated that since the
previous hearing, they had cleaned up the debris in the yard, a code compliance inspection had
been done, the vacant building fees had been paid and they had received an offer from Robert
Pilz, HomeVestors, who had the financial wherewithal to complete the rehabilitation of the
properiy. Mr. Pilz had agreed to pay the $5,000 performance bond and would prepare a work
plan outlining the rehabilitation of the property. He requested additional time to continue
making the repairs to the properiy.
Robert Pilz, HomeVestors, stated he believed they could close on the properiy within two weeks
after signing the Purchase Agreement. However, there was not a signed Purchase Agreement as
of this date. It was his intention that once the Purchase Agreement was signed, he would pay the
$5,000 performance bond and would complete the rehabilitation within six months as he had
done with other properties throughout the Ciry.
Hal Edwards, property owner, stated it was his intention to have a signed Purchase Agreement
executed within the next 24 hours. Mr. Pilz stated that he owned a rental property across the
street from this property and it was his intention to se11719 Case when the rehabilitation was
complete.
Mr. Magner stated that there was concern in the neighborhood that this building was a non-
conforming tri-plex and should be de-converted to a duplex as there were too many rental
properties in this neighborhood.
Ms. Moermond questioned Mr. Pilz on what his intention was concerning the rehab of this
property. Mr. Pilz stated that he planned to leave the building as a tri-plex as a de-conversion to
a duplex would be much more complicated dne to the way the house was built.
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October 3, 2006 Legislative Hearing Page 2
Ms. Moermond stated this properiy had a history o£problems wluch had created much anYiety to
the neighborhood concerning the condition of the building and the behavior of the tenants at the
property. She found it difficult to grant additional time without having documentation proving
the fmancial ability to make the necessary repairs to the building. She was also concerned about
the plans for future management of this properry.
Mr. Geske stated Mr. Edwards did not take control of the properry until mid-September. At the
previous hearing, they were given a list of items that needed to be done and they had
accomplished approximately 80 percent of those items. He understood there had been a number
of complaints from the neighborhood, however, most of those complaints occurred when the
property was occupied, however, the property had been vacant for the past year. They had
shortened the redemption period from six months to five weeks in order to take control of the
properry. They were requesting a short amount of time to make the remainder of the necessary
repairs.
Ms. Moermond stated she would recommend laying this matter over to the October 17
Legislative Hearing and October 18 Public Hearings provided the vacant building fees were paid,
a code compliance inspection was completed, the $5,000 performance bond was posted and a
signed Purchase Agreement was provided to her by Wednesday, October 4. If those items were
completed, she would require a work plan and a financial plan outlining ttie financial
wherewithal to complete the project from the new buyer at the October 17 Legislative Hearing.
She also would need assurance on the future management of the property since the property had
a history of being a problem property in the neighborhood for quite some time.
October 17, 2006 Minutes of the Legislarive Hearing
Page 9
Ob-q3(�
5. Resolution ordering the owner to remove or repair the building(s) at 719 Case Avenue. If
the owner fails to comply with the resolurion, Neighborhood Housing and Property
Improvement (NHPI) is ordered to remove the building. (Laid over from September 19
and October 3)
No one appeared.
Mr. Magner stated the only additional information he had received concerning this property since
the previous hearing was that the $5,000 performance bond had been posted on October 3, 2006.
The parties were contacted after the hearing and requested to provide a work plan and proof of
fmancial wherewithal to complete the rehabilitation of the property by noon, Wednesday,
October 18, 2006.
On October 17, 2006, a fax was received from the purchaser ouflining a work plan and timeline
to complete the work. He indicated that he would have his bank faY the financial statements
prior to noon on Wednesday, October 18. As of noon,October 18, 2006, the financial
documentation had not been received from the purchaser.
NEIGHBORHOOD HOUSIrG A\'D �� �`�"�
PROPERTY L�ROVE�fE�'C
Dick Lippen, hfanager of Code Enjorcemeni
CITY OF SAINT PAUL
Christopher B. Co[eman, Mayor
Au�ust 18, 2006
Nuisance Building Enforcement
1600 YVhite Bear Ave N
Saint Paa�1, �bl.V S� 106
nOTICE OF PUBLIC HEARI�'GS
Council President and
Members of the City Council
-".
Tel: (6i1) 266-1900
Fax: (65!) 266-1916
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Neighborhood Aousin� & Property Improvement , Vacant/�luisance Buildings
Enforcement Aivision has requested the City Council schedule public hearin�s to consider
a resolution ordering the repair or removal of the nuisance building(s) located at:
719 CASE AVE
The City Council has scheduled the date of these hearings as foilows:
Legislative Hearing — Tuesday, September 19, 2006
City Council Hearing — �Vednesday, October 4, 2006
The owners and responsible parties of record are:
Name and Last Known Address
Giovan O Claros/Elena I� Claros
15569 Finch Ave
Apple Valley M1V 551245822
Giovan Claros
15050 Cedar Ave S Ste 116-16
Apple Valiey, MN 55124
Select Portfolio Servicine
3815 SW Temple
Salt Lake City, UT 84115
Attn: 719 Case Avenue / DLJ Mortga�e Capital
Inc
Wilford & Geske
7650 Curreli Blvd Suite 300
Woodbury MN 55125
Interest
Fee Owner
Fee Otivner (Alt. Address)
Mortgage Holder
Attomey
AA-ADA-EEO Employer
719 Case Avenue
Au�ust 18, 2006
Pa�e 2
The le�al description of this property is:
Legal Desr. LOT 14 BLOCIi 18, ARLINGTON HILLS ADDITIO� TO ST. PAUL
Nei�hborhood Housin� & Property Improvement has dectared 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�vn responsible
parties to eliminate this nuisance condition by correctin� the deficiencies or by razing and
removin� this buildin�(s).
Inasmuch as this Order to Ahate has not been camplied with the nuisance condition
remains unabated, the community continues to suEfer the blightin� influence of this
property. It is the recommendation of the Nei�hborhood Housin� & 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 failin� that,
authorize the Neighborhood Housin� & 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,
�� � / i�
,
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing & Property Ixnprovement
6'��Eiii11
cc: Frank Ber�, Building Inspection and Design
Judy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housin� Division
pubhme60183
C�`Qi310
Payne Phalen District Five Planning Council
1014 Payne Avenue
Saint Paul, iVIlV 55101
651-774-523A
Re: 719 Case
To: vlarcia Moermond, Legislative Hearin$ Officer ��JJ �.
L— ��p S.c,c_„
From: Leslie McMurray, Executive Director, District Five Council
G' �C'i�i����e--�
L
At its August 29` 2006 the Board of Directors unanimously voiced opposition to the
rehab and future leasing of the building at 719 Case. The well known difficult history at
this property has created a long term nuisance which has drained neighborhood and city
resources and contributes ro blight in the azea. Buiit in 1886, this is a tired building —
unable to adequately support three families. The Council joins neighbors in the sentiment
that the building is no longer viable and that alternatives for the land should be pursued.
In just the past two years, over 27 complaints were filed with City code and fire
inspections The structural issues and housing density are a poor match at this site. The
Council supports razing tkus structure.
This site is one of several older homes that have outlived their usefulness in the
community. We note current work with Pla�ning and Economic Development in selation
to the Arcade 40 acre study that will bring about new zoning categorizations that permit
housing of this type to be re-converted to less intensive use. This hoase falls within that
area.
Thank you for incorporating this community input in decisions regarding the future site at
719 Case.
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January 26, 2005
The structure at 719 Case Ave. has been an eyesore in
the neighborhood since the 1960s, back when the
porches were roughly enclosed to provide more
rentable living space for the rental units. Since it was
first built, the additions to the original structure were
crude at best.
This property, over the 15 yrs I been a homeowner on
this block, has constantly drawn problem tenants and
been a nuisance to its neighbors. I know there is
verification of this with police calls documented. And
that does not even include the many calls for the
tenant's domestic prablems. I have p�rsonally watched
at least 3 raids by the St. Paul FORCE unit. I'm not
positive how many have happened when I haven't been
in my backyard to personally witness them.
Many of my neighbors and I constantly wark to keep
up our properties and our neighborhood. This address
has been a set back to all of our efforts for the 15
years I have been a homeowner on this block, and for
the 40 years that I have a memory of this property.
The behavior that has been tied to the parties renting
out this property over the last 15 years has been a
safety concern for my children and the other children
on our block, including those of the families that have
rented units at this address.
I would hope that an alternative use of this lot would
be proposed. The main purpose it serves now is high
rental income for its owner. It is not of `rental value' to
anyone as proven by the high turnover of its tenants.
James Cusick
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719 Case Avenue, St Paul, Mn.
Public Nuisance Pefition
ac�-a3to
719 Case Avenue has been a disorderly house where mimerous drug deals have taken place,
prostitutes have lived, a shooting has happened, and is a dilapidated building which is a magnet for the
worst of renters. Currently this building is a registered vacant since the downstairs renters were finally
successfully evicted 9l22J05. This was a challenge since they frequently broke in and cnrninued to live
there several times. When occupied there is frequent very Ioud noise from music biasting and profaniries
both by the music and the tenants at atl hours of the night and day. Also, unbagged garbage, overtlowing
dumpsters, and frequent turnover of owners and tenams Ieaving lazge heaps of abandoned, broken
possessions worsen the frustration af neighbors.
We would like the City of St. Paul have this propetry tom down and only allow a single family
home to be buiit as we already have too many rental properties for this block.
Again, we are signing a petition. August 14, 20Q6
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719 Case Avenue, St Paul, Mn.
Public Nuisance Petition
719 Case Avenue has been a disorderly house where numerous drug deals have taken place,
prostitutes have lived, a shooting has happened, and is a dilapidated huilding which is a magnet for the
worst of renters. Currently this building is a registered vacant since the downstairs renters were finally
successfully evicted 9/22/O5. This was a challenge since they frequently broke in and continued to live
there several times. When occupied there is frequent very loud noise from music blasting and profanities
both by the music and the tenants at all hours of the night and day. Also, unbagged garbage, overflowing
dumpsters, and frequent tumover of owners and tenants leaving lazge heaps of abandoned, broken
possessions worsen the frustration of neighbors.
We would like the City of St. Paul have this property torn down and only allow a single family
home to be buih as we already have too many rental properties for this block.
Again, we are signing a petition. August 14, 2006
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719 Case Avenue, St, Paui, Mn.
Public lYuisance Petition
719 Case Avenue has been a disorderly house �-here numerous drng deals have taken place,
prostitutes have lived, a shootin� has happened, and is a dilapidated building which is a magnet for the
worst ofrenters. Currently this buiIding is a reeistered vacant since the dow�nstairs senTers w�ere final(y
successfutly evicted 9l221Q5. This was a chaltenge since they frequently hrake in and continued to live
there several times. When occupied there is frequent very loud naise fram music btasting and prafanities
both by the music and the tenants at a21 hours of the ni�ht and day. Also, unba�ed garbage, overftowing
dumpsters, and frequent turnover of ow�ners and tenants (eaving targe heaps of abandoaed, braken
possessions worsen the frusuation of neighbors.
Gt�'e wouid like the City of St. Paul have this property tom dow�n and anly a(4ow a single famity
home to be built as we already have too many rental oroperties for th�s biock.
Again, we are sis�ninu a petition. AugusY 14, 2006
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719 Case Avenue, St. Paul, NIN.
Public Nuisance Petition
719 Case Avenue has been a disorderly house where numerous drug deais have
taken place by various residents, prostitutes have lived, and is a dilapidated building.
There is increased noise and traffic at all hours of the night when these activities occur.
The peace is broken frequentIy with music blastin� and profanities both by the music and
the tenants at all hours of the night. Unba�ged garbage, overflowing dumpsters, and
frequent tumover of tenants leavin� large quantities of abandoned possessions when they
move is the norm for this address which creates litter. The problems are reoccurring with
the frequent tumover cycle of owners and tenants. Prohtems are never fixed for long
The dilapidated looking exterior is a magnet for the worst tenants. This property has an
excessive consumption charge on it.
We would like the City of St. Paul to acquire this properiy, tear do��m the old
\� building, and build a single family home. Now is an excellent time as it is again for sale
and only one unit is currently occuQied. Pae� t ��wu,P�Y �rZO� S
!'crne 6�eC(< e�' �5o�zor�2c� f-tC�;SE
Name Address Ownerlowner-occupant/tenant
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Section g for this pro nY na ��sitors.
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719 Case Avenue, St. Paul, MN.
Public Nuisance Petition
� �
719 Case Avenue has been a disorderly house where numerous drug deats haue
taken place by vatious residents, grostitutes have Iived, and is a dilapidated buildin�.
There is increased noise and traffic at all hours of the night when these activities occur.
The peace is broken frequently cvith music blastin� and profaniYies both by the music and
the tenants at al1 hours of the night. Unbagged garbage, overflowing dumpsters, and
frequent tumover of tenants leaving lar�e quantities of abandoned possessions when they
move is the norm for this address which creates litter. The problems are reoccurring with
the frequent turnover cycle of owners and tenants. Probtems are never fixed for long.
The dilapidated looking exterior is a magnet for the worst tenants. This property has an
excessive consumption char�e on it.
We would li�e the City of St. Paul to aeqt�ire this property, tear doam the old
building, and build a single family home. Now is an excellent time as it is again for sale
and only one unit is currently occupied. Pa�:e ( S�,Ju,P�Y �rZ`�S
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Name Address Owner/owner-occupant/tenant
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Why 719 Case Should Be Torn Down
• Cunent activity has occurred just this Sat. & Sun. 9/16 &
9/17 whereas for over six months it has been vacant and the
neighborhood has fmally experienced peace & quiet
• Current workers didn't bag trash properly so trash was
blowing in neighbor's yards. Also did not dispose of
branches in front. Weeds in back were not cut.
• Current workers did not have eiectric, asked to use neighbors,
then had the electric box cover off with tools in it in an
attempt to steal electric
• This dilapidated building has rotten window frames, siding
that is missing, bent up, and defaced, broken windows &
screens
• The construction is disjointed with seams that do not meet
evenly and insulation foam is used where ever there are open
gaps throughout even in window frames — very unsightly!
• When the city mandated old buildings stop gutters directly
into the sewer & they were to gutter ta the front & back, this
building simply had the gutters removed so now the lower
down neighbor gets all the run off which is a lot due to the
huge size of the building and the lot height difference of over
4 feet.
• In the winter there are huge icicles which could hurt someone
• This building has the outdated old gas heaters which children
can get burned on.
• There are 2 large aparnnents with many bedrooms and a
smalier apt. and the yard is very, very sma11 so the children
play in the neighbor's yards and when they play ba11 it
always lands in neighbor's yards breaking off plants.
• The building is too large for the lot & would never be
allowed if it were new construction.
• There is not enough parking for the building
bl�-�3(�
• The gra�el fill of parking in back sinks over 8 inches when
wet.
• The front concrete steps are very uneven & dangerous.
• The building is rat infested; rats seen in building & in yard
when last occupied.
• Water was gushing out between the stories last Dec. of 2005.
This was probably due to stolen copper or frozen pipes, but
must has left extensive damage
• There is no sidewalk from the front of the building to the
back. Therefore this is not shoveled and is an obstacle for
getting out & into the building in case of emergency such as
fire or ambulance
+` This building has a long history of absentee landlords and
probtem tenants since that is all the building attracts.
• With the two back apartments having an alley access they
attract drug dealers and are ideal for drug trafficking which
has happened here all hours of the day & night when
occupied
• The noise from the constant flow of traffic in & out of the
building 24 hours a day keeps everyone from getting enough
sleep, the foul mouths of the tenants and their music is unfit
for anyone to hear: fucker, mother fucker, cunt, bitch &
more.
• The extreme volume from their car stereos vibrates the
houses and interrupts one's listening to their own tv or radio.
• Garbage is not bagged and blows into neighbor's yards and
smells terribly as the garbage overflows weekly. The high
turnover of renters results in piles of broken unwanted
possessions further adding to the eyesore of the property.
•. The foundation has large cracks in it.
• The building & yard are not homelike so attract the criminal
element. Besides drug trafficking, there has been evidence of
prostitution, one woman was shot in the head and pushed out
of the top story, a child's cat was killed in front of the
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children. Also, neighbors have been threatened, had ratten
meat left in yards, and yards urinated in, siding broken, and
rocks hurled into their yards by renters & their visitors.
The main purpose this properiy now serves is a high rental income
via Section 8 for the owners. It is not of "rental value" as
demonstrated by the high turnover flf its tenants. It is also no p��ce
for children to live.
After years of horrible & criminal behaviors, numer�us pokce
calls, raids by the FORCE Unit, and more, neighbors`�vou3d
like to see this building torn down and a single famil� home
built.
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