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06-940Amended 10/04/2006 City of St. Paul COUNCIL FILE NO.� - 7TION RATIFYING ASSESSMENT By ., �/ File No. SEE BELO� Assessment No. SEE BELOW Voting Ward In the matter of the assessment of bene£its, cost and expenses Por J0603V1 (8248) Towing o£ abandoned vehicles from private properties during the months of April and May, 2006. J0603E1 (8249) Summary abatement for excessive consumption of inspection services for property code violations billed during the time period from January 30, 2006 to April 9, 2006. LAID OVER BY COUNCIL ON 9-20-06 TO 10-4-06 A public hearing having been had upon the assessment for the above improvement, and said assessment having been further considered by the Council, and having been considered finally satisfactory, therefore, be it RESOI,VED, That the said assessment be and the same is hereby in all respects ratified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. Yeas Nays Absent Benanav � Bostrom � Harris � Helgen � Lantry J Montgomery �/ Thune ✓ U � Adopted by Council: Date /Q /J✓�aQU� Adoption Certified by Council Secretary $Y= i'� i' SU Approved b,� a or: Date ��-��-�� By: (,4�"' � ac�-�yo October 4, 2006 City Council Action Minutes Page 9 41. Resolution Ratifying Assessment — 06-940 — In the matter of the assessment of benefits, cost and expenses for towing of abandoned vehicles from private properties during the months of April and May, 2006 (J0603 V 1) and summary abatement for excessive consumption of inspeckion services for property code violations billed from January 30, 2006 to April 9, 2006 (J0603E1). (GS 3033090) (Legislative Hearing Officer recommends the following: 934 Hamnden Avenue (J0603E1) - recommendation forthcoming lavin� over the October 17 Le�islative Hearine and October 18 Public Hearin¢s; 15 Jessamine Avenue East (J0603E1) - approve the assessment; 987 Sherburne Avenue (J0603V1) - recommendation forthcoming approve the assessment; and 895 Wakefield Avenue (J0603V1) - recommendation forthcoming delete the assessment. Adopted as amended (per the recommendation of the Legislative Hearing Officer.) Yeas — 6 Nays — 0 City of St_ Paul Real Estate Division Dept. of Technology 6 Management Serv.COUNCIL FILE N0. REPORT OF COMPLETION OF ASSESSN�NT File No. SEE BELOW Assessment No. SEE BELOW 0� Voting Ward In the matter of the assessment of benefits, cost and expenses for J0603V1 (8248) Towing of abandoned vehicles from private properties during the months of April and May, 2006. J0603E1 (8249) Summary abatement for excessive consumption of inspection services for property code violations billed during the time period from January 30, 2006 to April 9, 2006. LAID OVER BY COUNCIL ON 9-20-06 TO 10-4-06 To the Council of the City of St. Paul The Valuation and Assessment Engineer hereby reports to the Council the £ollowinq as a statement of the expenditures necessarily incurred for and in connection with the making of the above improvement, viz: Tota1 costs Parks Admin Fee Charge-Code Enforcement Real Estate Service Charge TOTAL EXPENDITURE5 Charge To Net Assessment $641.00 $ $100.00 $ 80.00 $821.00 $521.00 Said Valuation and Assessment Engineer fuxther reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $821.00 upon each and every lot, part or parcel of land deemed benefitted by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action tl�eo' n a� be considered proper. Dated___� ��aluati n an Ass sment Engineer � �� ��� - lD -�/ D�O � Green Sheet Green Sheet en Sheet Green Sheet Green Sheet Green Sheet Departrnentloffice/eouncil: Date Initiated: �� � / �� p1J� �ublicWodcs 26SEP-06 Green Sheet NO: 3033090 ��' Conhct Person & Phf � Q ��� \ DeoaAment Sent To Person In' " ate _��� Juan Oftiz �� y��j / � 0 blic Wo usn rtiz 266�SB(i4 � `•• Ass' n � ' � Must Be on Council Agenda by (Date): Doc. Type: 07HER (DOESNT FITANY CA E-0ocument Required: Y Document Contact: Kim Robireon Conpct Phone: 266-8856 �9 Number For Routing Order Total # of Signature Pages _(Clip pJl Lowtions for Signature) w At Council's request on 9-20-06 these items were laid over to 10.406, Towing of abandoned vehicles from private properties during April and May, 2006 and Siimm abate for excessive consumption of iuspection services for property code violations during Januazy 3Q 2006 to Apri19, 2006. File numbers J0603V1 and J0603E1. iaatiore: Apprrn.e (A) or Reject Planning Commission CIB Committee CiNI Service Commission Pewonal Service Confrdcts MustMswerthe Following questions: 1. Has this person/firtn e�er v�aked under a contract for this department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Dces this personlfirm possess a skili rwi namatly possessed by arry curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet InitiaGng Problem, Issues, OppoRunity (Who, What, When, Where, Why): Property owners or renters cteate a health hazard at variovs times tluoughout the City of Saint Paul when their property is not kept up. The City is required by City code to clean up the property and chazge the property owner for the wst of the clean up. AdvanpgeslfApproved: - Cost recovery programs to recover elcpenses for sinnmary abatements, grass cutting towing of abandoned vehicles, demolitions, gazbage hauling and boazdings-up. Disadvanta5les IFApproved: None Disadvantages If NotApproved: If Council does not approve these chazges, general fund would be required to pay the assessment. ToqlAmountof 821 Trensactlon: Funding Source: CosNRevenue Budgeted: Activity Number: Financial Information: (Explain) 4 property owners will be notified of the public hearing and chazges. 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H I �' [t] ] [� H ri fk � W O �C Gl � 7 FC h Ll r� w�>x acz�c� a z � m 3� F r.�r�iEmP � i- H.�-t W o O ul �rncne *� ya,-�ulx x i 0000��o 0000uo •II o ul O O II ul NhL?C 1110 m�+ � n .. II� 11 n n II � II 11 n II � a � �� zzz ii OOO W II j?>� ii H�.,w na �n�n�nu �� a m cn �n r-� n E WW W� IIO U U V W II N � x � W 11 W W Cc] CO II E II U aaaanw FC r1 FC RC n h FHEE II O E � a w U � a F a £ W x w 0 � a W U � a N �l�- ��o September 19, 2006 Legislative Hearing 305 Bur�ess (J0608A) No one appeared; Ms. Moermond recommended approving the assessment. � 934 Hampden Avenue (J0603E) Mr. Steven Van Houten appeazed. �� Page 8 Ol�- 9'�0 Mr. Betz reported that Orders were issued on July 23, 2004 to repair siding, pealing paint, missing aluminum fascia, scrap and paint boazds on the north and south sides of the garage and paint the primary shucture with a compliance date of September 13, 2004. Mr. Van Houten stated that he is hying to fmd out how he can stop the re-issuing of these Excessive Consumption charges. He hasn't been able to comply because he is restoring this property, which has been a long process. Now, they are down to bare underlayment on the structure. They keep finding more and more problems. He doesn't understand why the City is not acknowledging that progress is being made. Initially, they did the garage work; they got rid of the aluminum on the house; they re-did the soffit and started on the siding; they also put in new windows. He is trying to see how he can get this re-inspection thing shut-off; talking with the inspectors doesn't seem to get it done. And, it doesn't seem that the inspectors on this side talk with the building people at all. Ms. Moermond stated that this is a complicated issue. All she has in front of her is a$50.00 taac assessment, but there are outstanding Orders and there are a bunch of permits pulled at this time. She asked that a meeting be set-up with a representative from NHPI, a representative from Building and figure out a plan with firm deadlines for the clean-up of this property. Ms Moermond asked Mr. Betz who the key inspector is for this property. Mr. Betz stated that it is Ed Smith. Mr. Van Houten stated that Mr. Steve Toensing was the Building Inspector he was working with. So, Ms. Moermond asked Ms. Birkholz to set-up a meeting with Ed Smith, Steve Toensing, Mr. Van Houten and herself far 1:30 p.m. Tuesday, September 26, 2006. Mr. Van Houten said that Steve Toensing had said they are making good progress. Ms. Moermond stated that if a Work Plan can be worked out next Tuesday, September 26, 2006, she will delete the assessment. � 15 East Jessamine (J0603E) No one appeared; Ms. Moermond recommended approving the assessment. 537 Mount Curve Resolution ordering the owner to remove or repair the building(s) at 537 Mt. Curve Boulevard. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement (NHPn is ordered to remove the building. (Laid over from September 5.) �o'��.� MII�IIJTES OF Tf� LEGISLATIVE HEARING LETTERS OF DEFICIENCY, CORRECTION NOTICES, AND CORRECTION ORDERS Tuesday, September 26, 2006 Room 330 City Hall, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 130 p.m. Staff Present: Paula Seeley, Neighborhood Housing and Property Improvement (NHPI); David Palm, City Attorney's Office; Appeal of Steven Van Houten for an E%cessive Consumption charge at 934 Hampden Avenue. (Rescheduled from 10:00 a.m. Tuesday, September 14, 2006.) Ms. Moermond stated that at the last hearing, they had talked about a taic assessment for Excessive Consumprion of Code Enforcement Services. She understood from the Ward office (Jay Benenav and Jane Prince) as well, that perhaps there had been some miscommunication to Mr. Van Houten from Building officials versus Code Enforcement officials. There is this taY assessment and perhaps some to be forthcoming. Mr. Van Houten added that now he has a Court Order, related to the same thing. Ms. Moerxnond noted that this criminal citation changes her idea about working something out through discussion. Mr. Palm has agreed that if a workable pian can be developed to get this fixed, there's a possibility the plan could be brought into court as a settlement for Yhe criminal citation. In other words, Mr. Van Houten might be able to accomplish two (2) goals today if he is willing to commit to getting some of this work done in a particular time frame. The Ward office has worked with both the Building official and the Code Enforcement official, and they will support Mr. Palm and Ms. Moermond's recommendation from this heazing, sight unseen. The Building officials have decided not to own this anymore; iYs now in the hands of Code Enforcement. Both the City Council and the District Council have received numerous complaints about the condition of the property. Ms. Moermond has seen photographs and also the reports. She asked Mr. Van Houten about his plans. Mr. Houten responded that it has been an on-going problem. The first building permit he received was in 2004. They (he and his wife) had a lot of problems with the aluminum fascia that was deteriorating. They took off a front porch that was falling apart. The property was in bad shape when they bought it, and they kept finding more and more problems. The worst thing was that when they took off some siding to fix a window problem, they found some rim joist issues. Apparently, some previous owner had poured sidewalk above the level of the foundation. They acquired the property in 1997, and have been working on it ever since. There were some family problems that needed to deal with, as well. The main work on the building started in 2004. A required paint job turned into a nightmare. They couldn't get anyone to bid on the job the way it needed to be done. It had been a shingled properiy and no one wanted to touch it because it was such a big job, so they started it themselves. They kept fmding more and more rotten places as they proceeded. They finally decided to take off the siding (three layers), revealing a lot of window issues that had been covered up with aluminum. It was a bad cover-up j ob and so everything underneath was rotting. Now, they are in the process of getting all the historic windows to work. The house was built around 1901, and iYs had a hard life. Unfortunately, it's located in an azea that is trying to go upscale. They have a mortgage with some equity. �t�-9y0 September 26, 2006 Minutes of the Legislative Hearing Page 2 Ms. Moermond noted the huge undertaking of this project and suggested that it was time to call in professionals. Mr. Van Houten responded that they have done some of that, and iYs been a nightmare. They have been trying to find a good contractor for the siding work They'd like to do James Hazdy siding or something similar. Ms. Moermond asked if there was a garage or a shed on the property. Mr. Van Houten answered that there was a garage; iYs filled with tools and equipment. IYs too small for his vehicles. Ms. Moermond noted that when she looks at the photographs, she sees many things outside that need to be stored properly; there are a lot of buckets. Mr. Van Houten stated that the buckets are part of an on-going excavation which really can't be seen on the photos. Because this property is on an embanlrnlent, one can't get big equipment near it; so, all of the excavating needs to be done by hand with buckets and wheelbarrows. Ms. Moermond suggested that the buckets can not stay outside when they are not working on it. The yard needs to get cleaned-up and the construction materials need to be properly stored when they're not in use. Mr. Van Houten explained that some of the buckets aze there to catch water to keep it from going into the basement; and a lot of that water is used for gardening. Ms. Moermond stated that the buckets have got to go. A system can be put into place to capture water from the roof for gardening; a system thaYs code compliant. Ms. Moermond said that the situation looks out of control to her. Mr. Van Houten needs to put together a plan on how this is all going to get done. The City needs a commitment from him to finish the project and clean-up the yard. From the photographs, Ms. Moermond sees white plastic containers, scaffolding, scrap wood propped up against the house, wood products, etc. Ms. Moermond asked Mr. Van Houten whether he works. He responded that he works as a contract engineer. Sometimes, he's out of town for days; sometimes for weeks. Ms. Moermond asked if there were deadlines on the Correction Orders for the different jobs. Ms. Seeley replied that there were a few; Mr. Van Houten is past due on all the Orders on the house. He was supposed to be in compliance back in 2004; then again, this past spring (2006). The first Order that was sent out was in July 2004. Mr. Van Houten added that it was for painting and soffit repair. Ms. Seeley noted that the last Order was sent out with a deadline of June 2005. Mr. Palm stated that he and Ms. Seeley were discussing this before the hearing and have come up with some completion dates. The entire yard should be cleaned-up (spotless) by October 16, 2006; the siding and the roof done by the end of November, 2006. Mr. Van Houten noted that he is waiting for three (3) windows from the Restoration Shop. Mr. Palm added that this yard is the worst he's seen and it needs to be cleaned-up. Mr. Van Houten said that he would like to be done on those dates he had intended to be done before now. Both the installation work and the front part of the house should be completed by the end of this weekend. Mr. Palm stated that if the yard is not cleaned-up by the agreed upon date, then Ms. Seeley will have a City work crew go out to clean it up, which will be very expensive ($225 per how, plus administrative service fees). Then, it will be brought into Court, where Mr. Van Houten will face additional fines / jail time. A misdemeanor is punishable by ninety (90) days and/or $1,000 fine. Ms. Moermond suggested that there are places to go to apply for a loan, which in some cases, are forgivable loans. Mr. Van Houten responded that since he is self-employed and doesn't have good enough credit, he's not a good candidate for a loan. Ms. Seeley pointed out that there are grants available, up to $10,000, depending on a person's income. Ms. Moermond asked about the difficulty of getting help to do the work. Mr. Van Houten stated that he has had no problem with that. He said that he knows a couple of carpenters to call up when he needs help and he can call a relative or two. He doesn't have a problem getting labor. Ol� •g�(0 September 26, 2006 Minutes of the Legislative Hearing Page 3 IYs more of a problem getting the work lined-up and then getting a dry week-end. Regazding the suggested complerion dates, the October 16, 2006 date to get the yard cleaned-up is fine with Mr. Van Houten. But getting the siding and the roof done by the end of November, 2006 may be difficult; although, it is something he can shoot for. Ms. Seeley projected that if she came to inspect at the end of November, beginning of December, and Mr. Van Houten had 75 percent of the work done including the roof, she might be able to extend the deadline. Ms. Moermond stated that Mr. Van Houten should go back and check-out fmancial assistance possibilities. The yazd and the siding projects would be a lot easier if a roofer could be brought in. Mr. Van Houten said that iYs been a problem finding a roofing contractor who does the right thing with these old high roofs. Ms. Moermond recommended laying this matter over to the October 18, 2006 City Council public hearing. If the yard is cleaned-up by then, she said that she would recommend that they delete the $75 Excessive Consumption charge and any other one that comes forward for Excessive Consumption between now and then. Meeting adjourned at 2:11 p.m. ljab September 6, 2006 Legislative Hearing �' °��� Page 3 and the work had not been done. Since there had been numerous property code violations at this properiy, the inspector assessed the properiy for excessive consumption of inspection services. Watou Moua, property owner, stated his previous tenant had made a very bad mess of his property which left him to clean it up. He evicted the tenant last November and had new carpeting installed for the new tenant. He believed he had complied with the orders to remove all of the items and believed he should not be charged for excessive consumption. Ms. Moermond asked Mr. Moua when he had purchased the properiy. Mr. Moua responded that he had purchased the property in November 2003. Ms. Moermond stated that the neighborhood has had to put up with the previous problem tenant for too long, therefore, she recommended approving the assessment. -�. 895 Wakefield Avenue (J0603� Mr. Robinson stated orders were issued on May 10, 2006 to remove an inoperable, black Plymouth vehicle from the driveway with a compliance date of May 15, 2006. The property was re-inspected on May 15, 2006 and the vehicle was still in the driveway. A work order was sent to the St. Paul Police Deparhnent and the vehicle was towed from the properiy. The orders were mailed to Rodney and Calvin Burton, Downing, Wisconsin, who were the legal owners of record. Kevin Moore, property owner, stated his mother, Mary Moare, was renting-to-own the house, however, she could not maintain the property. He had purchased the house approximately four weeks as the house had been condemned. It was his contention that the vehicle had not been towed off the property as he had sold it and the new owner had moved it approximately half a block from his house. He had contacted the new owner and requested he move the vehicle, however, he never did. Ms. Moermond stated they would check the police report to see where the vehicle was located when it was towed. If it was not on the property, she would recommend deleting the assessment. On October 4, 2006, Mark Weigel, Police Officer with NHPI, checked on the Police Report and the report indicated the vehicle had indeed been towed from the street. Therefore, the assessment should be deleted since it was not towed from private properry. 15 Jessamine Avenue East (J0603E) Mr. Robinson stated that the owner did not return the postcard so he did not have the file with him. Tia Lee, property owner, stated this was a rental properiy and he only went to the property to collect the rent. He had received previous arders to repair a storm door, fix a window and remove garbage which orders he had complied. He then received the assessment for excessive consumption which he was appealing. b� y0 MINLJTES OF TAE LEGISLATIVE HEARING ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, ABATEMENT ASSESSMENTS, ABATEMENT ORDERS, RENTAL REVOCATION CERTIFICAT`ES Tuesday, October 3 2006 Room 330 City Hall, 15 Kellogg Blvd. West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:00 a.m. STAFF PRESENT: John Betz, Neighborhood Housing and Properry Improvement (NHPI), and Steve Magner, NHPI Laid over Summary Abatement: � J0603V1 Towing of abandoned vehicle(s) from property at 987 Sherburne Avenue No one appeared; Ms. Moermond recommend approval. J06010A Property cleanup at 1077 Lawson Avenue East No one appeared; Ms. Moermond recommend approval. � J06010A Property cleanup at 113 Winniuee Avenue Mr. Betz stated orders were issued on July 13, 2006 to remove garbage and piled and scattered rubbish in the yard with a compliance date of July 17, 2006. Since there had been previous violations at this property, the Parks Department had a preauthorized work order to clean up the property. Since the property was not in compliance, Parks cleaned up the property on July 17, 2006. He presented a video of the cleanup. Huong Tran, property owner, stated the tenant had moved into the property in May and had no trash hauling service. Mr. Betz stated it was the owner's responsibility to provide trash hauling service for their tenants. Ms. Moermond asked whether they had screened these tenants prior to renting to them. Ms. Tran stated her husband handled tenant issues and had not screened these tenants as they were friends with the tenants who lived in the upstairs unit. Ms. Moermond recommended approval of the assessment and suggested the owner contact the Police Department Crime Prevention Program on proper screening techniques of tenants as well as doing criminal history background checks of potential tenants.