06-961Council File # � — /D /
Green Sheet #-i`�
RESOLUTION
CITY
Presented
SAtNT PAUL, MINIVESOTA
N
Resolution Executing the Order to Remove or Repair 2038 Fourth Street East
3 WHEREAS, the Saint Paul Ciry Council adopted Council File #06-672, on order to Remove or Repair the
4 building(s) at 2038 Fourth Street East; and
6 WHEREAS, the Saint Paul City Council adopted Council File #06-672 granting the owner 180 days for
7 rehabilitation of the structure, condirioned upon the owner developing a work plan with 30-day deadlines
8 to be approved by the Legislative Hearing Officer; and
10 WHEREAS, the properry owner, Mark Dochniak, has failed to meet the September deadline to submit a
11 30-day work plan, has failed to obtain the necessary permits to do the work, and has failed to contact the
12 appropriate inspectors to determine whether any completed work is in compliance.
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14 KESOLVED, that the Saint Paul City Council will schedule a Public Heaning on Wednesday, November 1,
15 2006 to consider rescinding the grant of 180 days for the rehabilitation of 2038 Fourth Street East.
Requested by Depariment of.
Adaption Certified by Coun ' Secretary
By:
Appro.e a1 Date Iv L3—c�6
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Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
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Adopted by Council: Date ///�/���d�/�
� Green Sheet Green Sheet Gceen Sheet Green Sheet Greera Sheet Green Sheet �
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Contad Person & Phone:
Marcia MoertnwW
6&570
Must Be on Council Agen�
Doc. Type: RESOLUTION
E-0ocumentRequired: Y
DocumentContacC VickiSheNer
Contact Phone: 68567
Date Initiated:
„�� i Green Sheet NO: 3033520
� ueDammen[ aeni �o rerson nnuau�a�e
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Assign 1 ,C c7 DeuarmientDirectn�
Number g - Clerk (S Clerk
For
Routing 3 �
Order 4
5
Total # of Sig P ages _(Ciip All Locations for Signature)
Action Requested:
Resolution excuting the order to remove or repair 2038 Fourtb, Street East and setting Public Hearing date of November 1, 2006.
idations: Appro�e (A) or H
Planning Commission
q8 Committee
Ci�il Service Commission
Personal Service Gontrects MustMswerthe Following
1. Has this persoNfirtn e�er worked under a contract for this department?
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not nortnalfy possessed by any
curterrt city employee?
Yes No
Explain all yes answers on separate sheet and aitach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvanq5�es If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source: �
Financial {nfoTmalion:
(Explain)
October i 1, 2006, 430 PM
CostlRevenue BudgeMd:
Activiry Number.
Page 1
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Couneil File #, � � �"
Green Sheet :�,�c�-
?resented By
I2�SOLUTION
CIT`Y OF SAINT PAUL, iVIIl�'NESOTA
RefesedTo Committee_ Date
1 WHEREAS, Neighborhood Housing & Property Improvement has requesYed Ehe City Council
2 to hold public hearings to consider the advisability and necessity of or@ering the repair or
3 wrecldng and removal of a twastory, wood frame, single family dwelling and the deYached,
4 one-stall, wood frame garage located on property hereinafter referred to as the "Subject
5 Property" and commonly Imown as 2Q38 Fonrth 5treet East. Tiris property is legally described
6 as follows, to wit:
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Lat 11, Block 2, Hazel View, an Addition to the City of St Paul, Minnesota
WIiEEREAS, based upon the records in the Ramsey County Recorder's Office and information
obiained by I3eighborhood Housing & Property Improvement on or before Mareh 14, 2046, tke
foIlowing are the now known interested or responsible parties for the Subject Property: Mazk
Dochniak, 2038 4�' Stceet East, St. Paul, MN 55119-4008 CzMAC Mortgage, Attn: Customea
Service, P.O. Box 4622, Waterloo, IA 50704-4622
WHEREAS, Neighborhood Housing & Property ImprovemenT has served in accordance with
the pravisions of Chapter 45 of the Saint Paul T,egisiative Code an arder identified as an "drder to
Abate Nu'rsance Building(s)" dated May Q3, 2Q06; and
WFIEFtEAS, this order informed the ihen knowa interested or responsibie parties that 1ke
siructure 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 siructure located on fhe Snbject Property by June 02, 2006; and
WTTEREAS, the enforcement officer has posted a placazd on the Subject Property declaring
this building(s) to consfitute a nuisance condifion; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing &
Property Improvement requested that the City Clerk schedule public flearings before the
I,egislarive Hearing Officer of the City Couucil and the Sainf Paul City CounciI; and
WF3EREAS, the interested and responsible parties have been seroed notice in accordance with
the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and
parpose of the pubiic hearings; and
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WFiERBAS, a hearing was held before the I.egisiative Fieazing O£ficer of the 3aint Paul City
Council on Tuesday, Jnly 11, 2006 to hear testimony and �vidence, and after receiving
testimony and evidence, made the recommendation to approve the request to order the interested
or responsible gatties to make Yke Subject Properry sa€e and not detrinzental to the public peace,
health, safety and welfaze and reinove its blighting influence on the conuuunity by rehabilitating
this structure � accordance with all applicable codes and ordin�uces, oz in the aiterna5ive by
demolishing and zemoving the structure in accordance with atl applicabls codes and ordinances.
The rahabititation or demofition of the structure to be completed within �€�ee�rEF�} days after
the date ofthe Councit Hearing, and oae hundred eighty (180}
WI�REAS, a hearin� was held before the Saint Paui City Council on
Wednesday, Juiy 19, 26Q6 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 Yesrimogy and evidence presented at ttie above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and
Order conceming the Subject Property at 2038 Fourth Street East:
1.
2.
3.
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That the Subject Properiy comprises a nuisance condikon as de&ned in Saiut Paul
Legslative Code, Chapter 45.
That the costs of demolifion and removal of ttus building(s) is estnnated to exceed
three thousand dollazs ($3,OD0.00).
That there now exists and has existed multiple Housing or Building code violations at
the Subject Property.
That an Order to Abate Nuisance Building(s) was sent to the then Imown responsible
parties to conect the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not baen corrected.
That Neighbarhood Housing & Properiy Improvement has posted a placard on the
Subject Property which declares it to be a nuisance condztion subject to demolition.
That this building has been mutinely monitored by 1Veighborhood Housing & Property
Improvement, Vacant(NuisanceBuildings.
That the known interested parties and owners are as previously statad in this resoiution
and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
1. The above referenced interested or responsible parties shail make ti�e Subject Froperty
safe and not detrimental to the pubfic peace, health, safety and welfare and remove its
blighiing influence on the community by rehabilitating tlzis strucTns'e and correcting ali
defieiencies as prescribed in the above referenced Order Yo Abate Nuisance
Building(s) in accozdance with aJ l applicable codes and ordivances, or in the
altemative by demolislung and removing the siructure in accordance with all
applicable codes and ordinances. The rehabifitation or demolition and removal of the
shucture must be completed within frfteen-{I� days after the date of the Council
j�eyTjllg one hundred eighty (180)
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2. If the above cozrective action is not completed within this period af time � (O^6 7 ° Z "�
l�eighborhood Housing & ProperEy Impmveruent is hezeby authorized to take
whatevar steps are necessary to demolish and remove this structuce, fiIl the site and
charge fhe costs incurred against the
Subject Property pursna�t to the provisions of Chapter 45 of the Saint Pa�I Legislative
Code.
3. In the event the building is to be demolished and removed by ttfe City of Saint Paul, all
personal property or fixtures of auy kind which nrterfere with the demolition and
removat sfiall be removed firom the property by fhe respox�sible parties by the end of
this tima period. If all personal property is not removed, it sha11 be considered to be
abandoned and the Cily of Saint Pauf shail remove and dispose of such property as
provided by law.
4. It is further ordered, that a copy of this resolutian be mailed to the owners and
interested pactie5 in accordance with C7lapter 45 of the Saint Paul Legislative Code.
Hanis
AdoptedbyCouncIl: Date
Adoptioa Certified by Council Sed�tary
BY� �Yl/�� �
Approved b a D te g '7 a
By: �
Requested by Depariment of
Nei�hborhood Housing & PropertyImprovement
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Form Appro �tc by Ciry Atto y.,
By:
FormA ved y yor f b�'on to Council
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�U. Resolution — E?6-b72 — Qrderuag the ocvner to remove ar repair the buil�ng(s) at
2038 Fourth Street East within fi#�een (1 � days from adaption of resolution.
(Pnblic heariug continued fram Iulp 19, 20Q6} (esS 343U995�
(Legislative Hearing Offieer recom�uends Isying over to khe JuIy ZS
Le�slafive Hearing provided the foIIowing conditioas are met by nooa on 3aly
19, 2006: 1} a�5,fl00 perforniance bond is posted; and, 2) an agreement is
reached between the owner and GMAC, the mortgage company, an eompletion
af the rehablitaiion.)
Adopted as amended (per the recomnnendation of the Legislative Aearing
Officer} Yeas — 7 Nays — 0
(The owner was granted 1$0 days for rehabilitation of the structure,
conditioned ugon develoging a work plan vs�th 3(1-day sleadlinES to bE approved
by the Legislative Hearing Officer.)
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lv'FSGHBORHOOD HOL*SI\G Ah'D
PROPER'FY N[PROVE�E\
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Bab KessZer, Director
�il L �i' .�[ i �AVJ.�
ChrisZOpher B. CoIeman, A�Fayor
Nuisance Building £nfarceinent
1600L3'hiteBearRceN Tet:(6i1)266-1900
SaintPaul.NfiV55106 F¢r:(651J16Q19?b
7une 09, 2006
NOTICE OF PUBLIC HEARZNGS
Council President and
Members of the City Council
Neighborhood Housing & Property TmprovemenY , VacanUNuisance Buildings Bnforcement
Division has reqaested the City Council schedule public hearings to consider a resolnfion
ordering ttte repair or removal of the nuisance buiiding(s) located at 2038 Fourtfi Streef Easf
The CiTy Coeutcil has scheduled the date of these hearings as folIows:
Legislative Hearing - Tuesday, JaIy 11, 2Q06
City Council Hearing — Wednesday, Jii1y 19, 2006
The owners and responsible parties afrecard aze:
Name and Last Known Address
Mark Dochniak
2038 4`" Street East
St. Paul, MN 55119-4008
fzMAC Mortga�e
Atm: CusYomer $ervice
P.a. soX 4czz
�Vatertoo, IA 507Q4-4622
Interest
Fee Owaer
Mort�age Hotder
C4t,incil Reseasch Genter
JUt� 212(ID6
The Iegal descrigtion of this property is:
Lot 11, Block 2, Hazel View, an Addition to the City of St. PauI, Minnesota
:lA-ADA-EHO Employer
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2038 Fourth 3treet East
June 09, 2Q06
Pa�e 2
Nei�hborhood FIousin� & Property Im�rovement has declared tfiis buildin�(s} to constituie a
"nuisance" as definad by Le� stative Code, Chagter 4�. Neiahborhood Housin� & Property
Improvement has issued an order fo tfie then lrnown responsible parties to eliminaYe this nuisance
candition by correctin� the def ciencies or by razin� and remavin� this buiiding(s)_
Inasmuch as this Order to Abate has noY been comp2ied tivith the nuisance candition
remains unabated, the community continues to suffer the blighting influence of this
property. It is the recommendafion of the Neighborhood Housing & Property
Improvement that the City Council pass a resolution ordering the responsible parties to
eitfler repair, or demolish and remove this buildirig in a timely manner, and failing thaY,
authorize the Nei�borhood Aousing & Property Improvement to proceed to demolition
and removat, and to assess the costs incurred against the real estate as a special
assessment to be coIlected in the same manner as taxes.
Sincerely,
Steve Magner
Steve Ma�aer
Vacant Buildings Supervisor
Neighborhoad Housing & Property Fmprovement
SM:mI
cc: Frank Berg, Building Inspection and Desi�
Judy Hanson, City Attomeys Offrce
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
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4. ResaIution ordering the owner to remove or repair the building(s) at 203 & Fourth Street � 3 �
East. If tt2e owner fails Yo comply witli the resolution, I3eighborhood Ho�sing and Property
Improvement is ordered to remove the building. (NHPn
Mr. Ivlaguer stated the building was a two-story, wood &azne single-famiiy dwetling on a lot of
5,227 sguare feeL '1'4ie building had been vaczat since September 20, 2044 due to a fire. The
building also constituted a nuisance as the� �ad been seven suttunary abatements at the
prope�iy: 1) several nofices to remove garbage, rubbish, scrap wood; aad 2) several notices ta cut
tall grass and weeds. 'The vacant building fees were due and owing in the amount of $375.00, a
cade campliance inspaction had 6een conducted on Apri127, 2�05, however, a peifam2ance
bond had aot been posted. According to Ramsey County 'Fa�cation, taxes and mortgage
payments were currenx Taxation had placed an estimated market value of $45,500 on the land
and $75,000 on the building. The estimated cost to repair the buiIding was approximately
$8Q,0�� to $9�,000. Tha estimated cost ta demolish the building was apgroxi_maEely $8,QOQ to
$9,000. It was his apinion that this boarded building was also an aftractive nuisance and a place
for youth to congregate. He presenYed photographs of the built3ing.
Mark Dochniak, property owner, stated the mortgage company fiad locked him ont and when he
cnt the Iock off so he could continue the rehab work, they put another lock on the door. The
interior of the house was completely gutted and he had replaced some of the windows. He also
stated he had paid the performance bond witk a personat check on July 3, 2006. He currentty
had an outstanding balattce of $10,000 owing on Ius mortgage and he believed he would have
had tize work completed by now if he had not been locked out.
Mr. Magner stated he believed the mortgage company kad concems ab4ut disbursing all of the
&ands 6ecause tfiey were uttsure whethez tke funds were being used to complete rehabilitation on
the house. 'Fhe settlement with the insurance company was $67,OOQ and the mortgage company
retained $10,00a of those funds.
David McCalip, attomey with Wilford & Geske, stated he had been retaiaed by the morEgage
company, GMAC, to represent them on this znatter. If was lus understanding that the property
had not been foreelosed on.
Ms. Moermond recommended Iaying over to Ju1y 25 T,egislafive Hearing provzded the following
condirions are met by noon on July 19, 2Q06: 1) a$S,OQO performance bond is posted; 2) an
agreement is reached between the owner and GMAC, Ehe mortgage company, on completion af
the rehabilifation.
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August 2, 2006 City Council Action Minutes
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�. 40. Resolution — 06-672 — Ordering the owner to remove or repair the building(s) at
2038 Fourth Street East within fifteen (15) days from adoprion of resolution.
(Public hearing continued from July 19, 2006) (GS 3030995)
(Legislafive Hearing Of6cer recommends laying over to the July 25
Legislarive Hearing provided the following conditions are met by noon on
July 19, 2006: 1) a$5,000 performance bond is posted; and, 2) an agreement
is reached between the owner and GMAC, the mortgage company, on
completion of the rehabilitation.)
Adopted as amended (per the recommendation of the Legislative Hearing
Officer) Yeas — 7 Nays — 0
(The owner was granted 180 days for rehabilitation of the structure,
conditioned upon developing a work plan with 30-day deadlines to be
approved by the Legislafive Hearing Officer.)
41. Resolution Ratifying Assessment — 06-734 — In the matter of the assessment of
benefits, cost and expenses for Summary Abatement property clean-ups from May
15 to May 30, 2006 (J0607A); providing weekly garbage hauling from May 16 to
May 30, 2006 (J0605G); boarding-up vacant buildings during April 2006
(J0606B); and summary abatement for excessive consumption of inspection
services for properiy code violations billed from January 30, 2006 to April 9, 2006
(J0602E). (GS 3030977) (Legislative Hearing Officer recommends the
following:
983 A�ate Street (J0607A) — delete the assessment;
505 Beaumont Avenue (30605G) — approve the assessment;
1575 Beech Street (J0602E) — approve the assessment;
54 Belvidere Street East (J0605G) — approve the assessment;
1168 Bush Avenue (J0607A) - approve the assessment;
1169 Bush Avenue (J0607A) — approve the assessment;
581 Front Avenue (30607A) — delete the assessment;
585 Front Avenue (J0607A) — approve the assessment;
1069 Greenbrier Street (J0607A) — approve the assessment;
651 Oakdale Avenue (J0607A) — approve the assessment;
448 Pa�e Street East (J0606B) - recommendarion is forthcoming; approve the
assessment and spread payments over two vears:
1590 Wheelock Rid eg Road (J0607A) — reduce the assessment from a total of
$372.00 to a totai of $222.00;
979 Wilson Avenue (J0607A) — delete the assessment; and
157 Winifred Street West (J0607A) — approve the assessment.)