06-937AMENDED 10/25/2006
Council N�le # D6 _�3 �-
Green Sheet # 3032166
RESOLUTION �3
CITY OF SAINT PAUL, MINNESOTA
Presented by
1 WHEREAS, Neighborhood Housing & Property Tmprovement 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, single family dwelling located on property
4 hereinafter referred to as the "Subject Property" and commonly known as 931 MARSHALL
5 AVE. This property is legally described as follows, to wit:
LOT 27 AND THE EAST'/Z OF LOT 26, BLOCK "A", MARSHALL
BOULEVARD ADDITION TO THE CITY OF ST. PAUL
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Neighborhood Housing & Property Improvement on or before March
14, 2006, the following are the now lrnown interested or responsible parties for the Subject
Property: Ruth G Love, 931 Marshall Avenue, St. Paul, MN 55104; Housing and
Redevelopment Authority of the City of Saint Paui, MN, 25 W 4 Street, Suite 1200, Saint Paul,
MN 55102
WHEREAS, Neighborhood Housing & Property Tmprovement 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 June 28, 2006; and
WHEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested ar responsible parties that they must repair
or demolish the structure located on the Subject Property by July 31, 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 befare 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
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WFIEREAS, a hearing was held before the Legislative 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 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
rehabilitating this structure in accordance with all applicable codes and ordinances, or in the
alternative by demolishing and removing the structure in accordance with all applicable codes
and ordinances. The rehabilitation or demolition of the structure to be completed within-f�t'teea
��3}days after the date of the Council Hearing; and
one hundred-eighty (180)
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 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 931 MAR5IIALL AVE.
That the Subject Property comprises a nuisance condition as defined in Saint Paui
Legislative Code, Chapter 45.
2.
3.
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 known
responsible parties to correct the deficiencies or to demolish and remove the
building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Neighborhood Housing & Property Improvement has posted a placard on the
Subject Property which deciazes 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 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 Properiy
safe and not detrimental to the public peace, heaith, safety and welfaze and remove its
blighting influence on the community by rehabilitating this structure and correcting 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 alternative by demolishing
and removing the structure in accordance with all applicable codes and ordinances. The
rehabilitation or demolition and removal of the structure must be compieted within
-�i€teea{�S) days after the date of the Council Hearing.
one hundred-eiahtv (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 aze
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 fiuther ordered, that a copy of this resolution be mailed to the owners and interested
parties in accardance with Chapter 45 of the Saint Paul Legislative Code
Requested by Department o£
Neighborhood Housing and Property Improvement
Adopted by Council: Date /�/���/a�JIJ�
— TT
Adoption Certified by Council Secretary
BY� �r�i�/�6v�
Approved by Date !�' � " �
By:
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Fornt pr ed by City Attorney �„�
l�/
By: .1/
Form Ap r e Mayor � r Sub '�on to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Departrnentlotfice/council: Date Initiated:
NH NeighborLoodHausin ,�-A�� Green Sheet NO: 3032166 06 3'
Contact Person & Phone:
Bob Kessler
266-9013
t. P �.
DoaType: PUBLICHEAWNG(RESOLUTI�
EAOCUment Required: Y
DocumentContact: Ma�cineLinston
Confact Phone: 266-'1938
�
Pssign
Number
For
RouGng
Order
7ota1# of Signature Pages, (Cfip fJl Locations forSignature)
Department SentTo Person InifiaUDate
0 i borh d o io r r n
1 ' hborhoadHOUSio o er D ar�en[Director �U�•
2 ' Attorne .,�
3 a or' Office Ma r Assisfant
4 ooncil
5 Clerk CS Clerk
Ciry 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 resolution, the Neighborhood Housing & Property Improvement is ordered to remove the building. The subject
property is Located at 931 MARSHALL AVE.
idations: Approee (A) or Reject (R):
Planning Commission
GB Committee
Citil Senice Commission
PersonalService Contracts MustMswerthe Following Questions:
t. Has this persodfirtn e�er xrorked under a contract for this depadment?
Yes No
2. Has this persoNfirm e�er been a city employee?
Yes No
3. Does this person/firtn possess a skill rrot nwmally possessed by any
wrrent city employee?
Yes No
Explain all yes answers on separete 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 iu Chapter 43 of the Saint Paul
Legislarive Code. The owners, interested parties and responsible parties lmown to the Enforcement Officer were given an order to
repair or remove the building at 931 MARSHALL AVE by July 31, 2006, and have failed to comply with those orders.
Advantages If Approved:
The Ciry will eliminate a nuisance.
�ur � i 2oos
DisadvanWges 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 properiy taYes. ,
Disadvantages If Not Approved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
7ransaction:
Funding Source:
Financial Information:
(Explain)
9000
Nuisance Housing
Abatement
Councii Research Cenier
AU6 3 12006
AU� 2 � ZUUti
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CosURevenue Budgeted: Y
Activity Number: 3Q2.51
August 17, 2006 4:57 PM Page 1
NEIGHBORHOOD HOUSI\G AND �� �3 T
PROPERTY I�fPROVEME\'T
Dick Lippert, Manager of Code Enforcement
CITY OF SAINT PAUL
C/:ristopher B. Co[eman, �Llay�or
Auwst 18, 2006
1�"«isance Building Enforcement
1600 6Vhite Bear Ave 1�`
Saint Paul, ,LIN S� 106
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Tel: (6.i1)166-1900
F�s 266-19?6
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Neighborhood Housing & Property Improvement, VacanUNuisance Buildings
Enforcement Division has requested the City Council schedule public hearin�s to consider
a resolution ordering the repair or removal of the nuisance buildin�(s) located at:
931 MARSHALL AVE
The City Council has scheduled the date of these hearin�s as follows:
Legislative Hearing — Tuesday, September 19, 2006
City Council Hearing— Wednesday, October 4, 2006
The owners and responsible parties of record are:
Name and Last Known Address
Ruth G Love
931 Marshall Ave
St Paul MN 5> 104-6549
Housing and Redevelopment Authority of the
City of Saint Paul, NIN
25 �V 4` Street, Suite 1200
Saint Paul, NIN 55102
The le�al description of this property is:
Interest
Fee Owner
Mortga�e Holder
Legal Desc: LOT 27 AND THE EAST'/ OF LOT 26, BLOCK "A",14IARSHALL
BOULEVARD ADDITION TO THE CITY OF ST. PAUL
AA-ADA-EEO Employer
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931 Mazshall Avenue
August 18, 2006
Pa�e 2
Nei�hborhood Housin� & Property Impro��ement has declarzd this buildina(s) to
constitute a"nuisance" as defined by Le�islative Code, Chapter 4�. �zi;hborhood
Housin� & Property Improvement has issued an order to the then knou n responsible
parties to eliminate this nuisance condition by correcting the deficiencizs or by razin� and
remo�ln� this buildin�(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition
remains unabated, the community continues to suffer the bli�htin� influence of this
property. It is the recommendation of the Neighborhood Housin� & Property
Improvement that the City Council pass a resolution orderin� the responsible parties to
either repair, or demolish and remove this buildin� in a timely manner, and failin� that,
authorize the Neighborhood Housin� & Property`#mprovement 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,
�1 � i i
.
Steve Magner
Vacant Buildin�s Supervisor
Neighborhood Housin� & Property Improvement
SM:mI
cc: Frank Berg, Buildin� Inspection and Desi�
Judy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housin� Division
pubhmg60183
September 19, 2Q�6 Legislative Hearing
931 Marshall Avenue
d�- 9,3�
Page 16
3g
Resolution ordering the owner to remove or repair the building(s) at 931 Marshall Avenue.
If the owner fails to comply with the resolurion, Neighborhood Housing and Property
Improvement (NHP� is ordered to remove the building.
Tony Love (Ruth G. Love's son) appeared.
Mr. Magner reported that it has been a Vacant Building since March 16, 2005. The current
property owner is listed as Ruth G. Love, per Ramsey County. The City has had to board the
building to secure it against trespassing. There have been siY (6) Summary Abatement Orders
issued for tall grass and weeds, garbage, rubbish and securing the building. On June 15, 2006,
and inspection of the building was conducted, a list of deficiencies which constitutes a nuisance
condirion was developed and photographs were taken. An Order to Abate Nuisance Building
was posted on June 28, 2006 with a compliance date of July 31, 2006. As of this date, the
property remains in a condition which comprises a nuisance as defined by the Legislative Code.
The Vacant Building fees have been paid. Taxation has placed an estimated market value of
$60,200 on the land and $200,000 on the building. As of April 1, 2005, a Code Compliance
Inspection was completed. As of August 25, 2006, a$5,000 bond was posted. Taxes are
delinquent in the amount of $792 for 2005. The estimated repairs still are between $60,000 -
$70,000; demolition estimated between $8,000 -$9,000. Mr. Magner's understanding is that the
owner's son is trying to rehabilitate the properly to bring it into compliance in order for his
mother to be able to re-occupy the property. Some strides have been made but this has been an
on-going issue with a numbex of complaints from neighbors. They would like to see some final
resolve. A Summary Abatement was issued the end of August, 2006 with non-compliance that
went to a Work Order for garbage and rubbish removal from the back yard.
Ms. Moermond asked Mr. Magner to discuss some of the other Summary Abatements that have
been issued for this property. Mr. Mab er reported that actually seven (7) Summary Abatements
have been issued, the majority of them for garbage and rubbish, tall grass and weeds, a vehicle
and boarding to secure the property because there was a problem with illegal occupancy.
Follow-up over the last year has shown that the properiy is vacant and has not been used for
illegal occupancy.
Mr. Love stated that he is more than half-way done with the rehabilitation of the property. He is
waiting for windows and has hired a couple of contractors to finish the back porch, etc. The
interior is pretty much done. Ms. Moermond asked if the inspectors have signed-off on
everything in the interior. Mr. Love replied that they haven't been through yet. Ms. Moermond
asked if Mr. Love was doing the rehab himself. Mr. Love responded that he is working with
contractors and doing some of the work himself. Mr. Love explained that his mother got sick
during the process of rehab and needed to go into a nursing home. He is rehabbing the house so
that his mom can come back to live there. Once the windows are delivered and installed, the
roof will be done; then the work will be 80 per cent done.
Mr. Magner recommended that between now and the City Council public hearing, Mr. Love
should contact Mr. Jim Seeger to do a walk through to identify exactly what percentage of the
September 19, 2006 Legislative Hearing
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Page 17
work has been completed from the original Code Compliance. Ms. Moermond concurred since
the original Code Compliance Inspection was done back in 2005. That is all she has to base her
recommendarion on. She reiterated that Mr. Love needs to schedule a time for Mr. Seeger to do
a walk through. Usually, they don't chazge for that.
Ms. Moermond added that she will also need to see a Work Plan and a Financial Plan. Mr. Love
stated that he has taken out a loan. Ms. Moermond said that she needs to see the paper work.
Ms. Moermond asked about the delinquent taxes. Mr. Love explained that before his loan coulfl
be approved, the taYes had to be paid, so that has been taken care of.
Mr. Moermond recommended a layover to the 10:00 am. Legislative Hearing on Tuesday,
October 3, 2006.
1036 Jessie Street
Appeal of Timothy Gill to a Deficiency List, which includes condemnation, for property at
1036 Jessie Street. Unit 2. (Division of Fire Prevention) (Lack of electricity for not paying
the electric bill.)
Mr. Timothy Gill appeared.
Ms. Pat Fish, Fire Prevention, reported that this property was condemned for lack of electrical
service in the unit because the City Code requires that at all times. Mr. Gill has an appointment
at 1:00 p.m. today with Energy Assistance. When the electricity is restored, the condemnation
will be lifted. Tf that doesn't happen, Mr. Gill would need to find another place to live.
Ms. Fish asked Mr. Gill if the smoke detector was hard wired or battery. Mr. Gill responded that
it was battery operated.
Ms. Moermond asked Mr. Gill what kind of heat was in the unit. He replied that it was gas and it
was a different shut-off from the unit.
Ms. Moermond stated that she will give Mr. Gill one (1) week. She recommended laying this
matter over to the 10:00 a.m. Legislative Hearing on Tuesday, September 26, 2006.
914 Burr Street
Appeal of Chia Koua Moua to a Deficiency List, which includes condemnation, for
property at 914 Burr Street. (Division of Fire Prevention)
Ms. Chia Koua Moua appeared.
Ms. Fish reported that Inspector James Thomas was at the building on August 25, 2006. At that
time, he found several units over-occupied (22 people in a triplex) and he condemned the
building. There is not enough bedroom space or gross square footage to accommodate 22
people.
c�-a�
MINUTES OF TF� LEGISLATIVE HEARING
ORDERS TO REMOVE/REPAIIZ, CONDEMNATIONS, ABATEMENT ASSESSMENTS,
ABATEMENT ORDERS, RENTAL REVOCATION CERTIFICATES
Tuesday, October 3 2006
Room 330 City Hall, 15 Keilogg Blvd. West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 10:00 a.m.
STAFF PRESENT: John Betz, Neighborhood Housing and Property Improvement (NF3PI), and
Steve Magner, NIIPI
3. Resolution ordering the owner to remove or repair the building(s) at 931 Marshall
Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and
Properiy Improvement (NIIPI) is ordered to remove the building. (Laid over from
September 19)
No on appeared. Ms. Moermond recommended laying this matter over to the October 17
Legislative Hearing and the October 18 Public Heazings for the owner to provide a work plan
and a financial plan proving the financial wherewithal to complete the project. If the owner
failed to provide this information, she would recommend the demolition order proceed.
0(�-�31
October 3, 2006 Minutes of the Legislative Hearing
Page 6
7. Resolution ordezing the owner to remove or repair the building(s) at 931 Marshall
Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and
Properry Improvement (I3HP� is ordered to remove the building. (Laid over from
September 19 and October 3)
NIr. Love stated that he had talked to his contractor about drafting a work plan with timelines for
completion of the work, however, his contractor was out of town and was not able to complete
the plan prior to the hearing. He expected he would have the plan provided to him by Monday,
October 23 and would provide it to Ms. Moermond once he receives it.
Ms. Moermond recommended giving the owner until noon on Wednesday, October 25 to provide
a work plan from his contractor. She would recommend closing the Public Hearing on October
18 and laying this matter over to October 25 City Council meeting for discussion.
Meeting adjourned at 12:15 p.m.
►�si�x
October 17, 2006 Minutes of the Legislative Hearing
k�iz 0�-q3�
Page 8
Resolution ordering the owner to remove or repair the building(s) at 931 Mazshall
Avenue. If the owner fails to comply with the resolurion, Neighborhood Housing and
Properiy Improvement (NHPI) is ordered to remove the building. (Laid over from
September 19 and October 3)
Mr. Magner stated that the work plan that was presented was not very clear in accordance with
the Code Compliance Inspecrion report. He indicated to Mr. Love that he would need to have
each pernut item inspected by Mr. Seeger, LIEP, to determine that the work was in compliance
in accordance with the Code before the permit be closed as being completed.
Mr. Love stated that he had talked to his contractor about drafting a work plan with timelines for
completion of the work, however, his contractor was out of town and was not able to complete
the plan priar to the hearing. He expected he would have the plan provided to him by Monday,
October 23 and would provide it to Ms. Moermond once he received it.
Mr. Magner, indicated that there had been complaints from the neighborhood that work was
being done beyond the hours of 8:00 p.m. The Code only allows work to be done on the
property between the hours of 8:00 a.m. to 8:00 p.m. Mr. Magner also indicated that he had
received complaints from the neighborhood on nuisance behavior at the properiy, possibly
caused by some of your family members.
Ms. Moermond highly encouraged Mr. Love to change the locks on the building, if necessary, to
correct the nuisance behavior of any family members. If these matters were not corrected, it is
possible that she could recommend to the City Council that the order for demolirion proceed.
Ms. Moermond recommended giving the owner unril noon on Wednesday, October 25 to provide
a work plan from his contractor. She would recommend closing the Public Hearing on October
18 and laying this matter over to October 25 City Council meeting for discussion.
Meeting adjourned at 12:15 p.m.
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