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07-1060Council File # �7'���p� Green Sheet #-�}�-�-'�- CITY OF Presented by RESOLUTION NT PAUL, MINNESOTA S� 1 WHEREAS, Department of Safety and Inspections has requested the City Council to hold public 2 hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two- 3 story, wood frame duplex located on property hereinafter referred to as the "Subject Property" and 4 commonly known as 1000-1002 DESOTO STREET. This property is legally described as follows, to 5 wit: FAIRVIEW ADDITION LOT 12 BLK 12 10 11 12 13 14 IS 16 17 18 19 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Department of Safety and Inspections on or before March 31, 2007, the following are the now known interested or responsible parties for the Subject Property: John M Billings, 575 Gramsie Road, Shoreview, MN 55126-7020; John Billings — JBA of Minnesota, 6260 Highway 65 NE, Fridley, MN 55432; Washington Mutual Bank, P.O. Box 100576 Florence, SC 29501-0576; Wells Fargo Home Mortgage, 8005 Jordan Creek Parkway , West Des Moines, IA 50266; District 5 Planning Council, d5 WHEREAS, Department of Safety and Inspections has served in accordance with the provisions of Chapter 45 of Che Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated June 26, 2007; 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 tbe interested or responsible parties that they musC repair or demolish the structure located on the Subject Property by July 26, 2007; 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 Department oY Safety and Inspections 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 Legislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, October 9, 2007 to hear 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 demolishing and removing the structure in accordance � � lol�� 42 with all applicable codes and ordinances. The demolition of the structure to be completed within fifteen 43 (15) days after the date of the Council Hearing; and 44 45 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 7, 46 2007 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 47 considered by the Council; now therefore 48 49 BB IT RESOLVED, that based upon the testimony and evidence presented at the above referenced �0 public hearings, the Saint Paul City Council hereby adopts the following Findangs and Order concerning 51 the Subject Property at 1000-1002 DESOTO STREET. 52 53 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul 54 Legislative Code, Chapter 45. 55 56 57 58 59 6Q 61 62 63 64 65 66 67 68 69 70 71 72 8. 73 74 75 76 77 78 79 1 80 81 82 83 84 85 2 86 2. 3. That the costs of demolition and removal of Yhis 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 Department of Safety and Inspections has posted a placard on the Subject Property which declares it Yo be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by Department of Safety and Inspections, Vacant/Nuisance Buildings. 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. �'� • 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 welfaze and remove its blighting influence on the community by demolishing and removing the structure in accordance with all applicable codes and ordinances. The demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. If the above corrective action is not completed within this period of time Department of SafeTy and Inspections is hereby authorized to Yake whatever steps are necessary to demolish and remove this 67�/Ol�d 87 88 89 90 3. 91 92 93 94 95 96 4. 97 98 99 structure, fill the site and chazge 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 properry 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. 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. Benanav Bostrom Helgen Thune ✓ ✓ � Requesied by Department of: B Approved by the Office of Financial Sexvices By: Approved by City Attorney I�_ I> I!f I� U By: Adopted by Council: Date ���Q7��DG'7 Approved by Mayor for Submission to Council Adoption Certified by Council Secretary�/������,£�i,;s:gy; Dat '1 �� � O"7 By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � v $� — Dept.ofSafety&Ins�actions � 14SEP-07 Confact Person & Phone: Bob Kessler 266-9073 musz ese on counai ngenaa ny rya[e�: 07-NOV-07 Doc. Type: PUBLIC HEAR�NG (RESOLUI E-DOCUment Required: Y Document Contact: Maxine Linsto ConWct Phone: 266-1938 � Assign Number For Routing Orcler Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3043993 0 �eDt ofSaferi & Insoectioas 2 't�Attomey I 3 a or'sO�ce Ma orfASSistant 4 Conncit I 5 Clerk C5 Clerk Ciry Council to pass this resolution which will order the owner(s) to remove the refetenced building(s). If the owner fails to comply with ihe resolution, Neighborhood Housing & Property Tmprovement is ordered to remove the building. The subject ptoperty is located at 100011002 Desoto Street. ioaoons: Hpprove yv� or n Planning Commission CIB Committee Civil Service Commission 1 Has this personlfirtn ever worked under a contract for this departmenl? Ves No 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and altach to green sheet fnitiating Problem, issues, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacaat building as defined in Chapter 43 of the Saint Paul Legislative Code. The owneTS, intecested parties and responsible parties Imown to the Enforcement Officer wexe given an order to repair or remove the building at 1000/1002 Desoto Sheet by 7uly 26, 2007, and have failed to comply with those orders. Advantages If Approved: The City will eliminate a nuisance. �isadvantages If Approved: The Ciry will spend funds to wreck and remove this building(s). These costs will be assessed to the proper[y, collected as a special assessment agains[ the properry tases. Disadvantages If Not Approvetl: A nuisance condition will rewain unabated in the Ciry. This building(s) will wnrinue to blight the communiry. $12,000.00 vunding source: Nuisance Housing Financial Information: (Explain) CosURevenue Budgeted: y Activity Number: 30251 October 18, 2007 4:05 PM Page 1 DEPARTMENT OF SAFETY AND INSPECTIONS DickLipperi ManagerofCodeEnforcement CITY OF SAINT PAUL G:ristopher B. Colernan, Mayor- September 14, 2007 1600 Whzt2 Bear Ave N Saint Paul, MN i5106 Nvisance Building Enforcement NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council �7 /��PD Tel� (651) 266-i900 Fa:: (b51) 26b-1926 Departrnent of Safety and Inspections, VacanUNuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 1000/1002 DESOTO ST The CSty Council has scheduled the date of these hearings as follows: Legislative Hearing — Tuesday, October 9, 2007 City Council Hearing — Wednesday, November 7, 2007 The owners and responsible parties of record are: Name and Last Known Address John M Billings 575 Gramsie Rd Shoreview MN 55126-7020 7ohn Billings — JBA of Minnesota 6260 Highway 65 NE Fridley, MN 55432 Washington Mutual Bank P.O. Box 100576 Florence, SC 29501-0576 Wells Fargo Home Mortgage 8005 Jordan Creek Parkway West Des Moines, IA 50266 District 5 Planning Council d 5-d i re cto r(�a. v i s i, co_m Interest Fee Owner Fee Owner Alt. Address Mortgage Holder Lien Holder District Council AA-ADA-EEO Employer 1000/1002 Desoto Street September 14, 2007 Page 2 The legal description o£this property is: FAIRVIEW ADDTTION LOT 12 BLK 12 �7����� The Department of Safery and Inspections has declared this building(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. The Department of Safety and Inspections has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies ar by razing and removing this building(s). The property was re-inspected on July 26, 2007. There was no compliance and the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Department of Safety and Inspections that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Department of Safety and Inspections to proceed to demolition and removal, and to assess the costs incuned against the real estate as a special assessment to be collected in the same manner as taaces. Sincerely, Steve Magner Steve Magner Vacant Buildings Manager Department of Safety and Inspections SM:mI cc: Judy Hanson, Ciry Attorneys Office Marp Erickson, Assistant Secretary to the Council Cindy Carlson, PED-Housing Division Stacey Millett, Tnvest St. Paul District Council — Commuzuty Organizer pubhmg60183 O6/07 47-/Olv� SUMMARY FOR PUBLIC HEARING 1060-1002 Desoto Street Legislative Hearing — Tuesday, October 9, 2007 City Council — Wednesday, November 7, 2007 The building is a two-story, wood frame, duplex on a lot of 4792 square feet. According to our files, it has been a vacant building since November 7, 2006. The current property owner is John M. Billings, per AMANDA and Ramsey County property records. The City of St. Paul has boarded this building to secure it from trespass. There have been five (5) SiIMMARY ABATEMENT NOTICES since 2006. There have been four (4} WORK ORDERS issued for: - Removal of nnproperly stored refuse - Removal of tall grass and weeds On June 11, 2007, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A NLTISANCE BUILDING was posted on June 26, 2007 with a compliance date of July 26, 2007. As of this date this property remains iu a condition which comprises a nuisance as defined by the legislative code. The Vacant Building registration fees are paid. Tasation has placed an estimated market value of $40,000 on the land and $140,000 on the building. As of October 8, 2007 a Code Compliance inspection has not been completed. As of October 8, 2007, the $5,000.00 performance bond has not been posted. Real EstaYe ta7ces are current. Code Enforcement Officers estimate the cost to repair this structure is $50,000-$60,000. The estimated cost to Demolish is $10,000 to $12,000. NI�'I, Division of Code Enforcement Resolution submitted for considerafion orders the property owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. Tax & Property Characteristic Information - Structure Description Page 1 of 2 D7-/a�oa Home Site P#ap Coataci Us T� & Property Characteristic Information - Structure Description RRInfo Home � � T�s Info � � Prooerty Search � � Record Document � � Contact Us New Property Search Back�o Search Results Quick_Info Pra�erky Informa_�ion Taxpa�er Name and A dress Vaiue Information Va{ue Historv Structure Description Sale Information S�ecia4 Assessments Property Tax Payine�t Information Praperty__Tax p��ment HistorX Current Praperty Tax Stateme�tlValue Notice 2005 Proper[y Tax Statemenlvalue Notice 2�o5 Pro�ertY Tax Statement�Value Notice 2�E74 Pr�erty Tax Statement/Value Notice > Structure Description Property Identification 29.29.22.24.0139 Number (PIN) Property Address 1000 Desoto St St. Paul 55130-3937 Residential Property: Year Buitt 1892 # of Stories 2.00 Sty{e Two Story Euterior Wall Stucco Tota( Rooms 9 Totaf Famify Rooms 0 Total Bedrooms 4 Futl6aths 2 Half Baths 0 Attic Type Unfinished Finished SQ Feet 1974 Foundation Size 1044 Basement Area Finished Finished Rec Area Garage Type Detached Area (sq.ft.) 380 Parcel Size .11 Acres Parcel Width 40.00 Feet Parcel Depth 12L00 Feet Land Use Code 520 Land Use Description R- Two Family Dwel(ing, Platted Lot http:J/rrinfo.co.ramsey.mn.uslpublic/characteristic/Parcel.pasp?scrn=Dwelling&pin=29292... 10l8/2007 DEPARTMENT OF SAFETY AND INSPECTIONS Dick Lippert Manager of Code Enforcemeni Crr�r o� sa�vT PauL, Christopher B. Coteman, Mnyor Nutsance Building Enforcement 1600 White Bear Ave N Saint Paul, MN>5106 June 26, 2007 John M Billings 575 Gramsie Rd Shoreview MN 55126-7Q20 07'�D1�0 Tel: (651) 266-I9D0 Fas: (651) 266-1926 John Billing — JBA of Minnesota 6260 Highway 65 NE Fridley, MN 55432 Washington Mutual Bank Wells Fargo Home Mortgage P.O. Box 100576 8005 Jordan Creek Parkway Flarence, SC 29501-0576 West Des Moines, IA 502b6 Order to Abate Nuisance Building(s) Dear : Sir or Madam The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections, D'avision of Code Enforcement, hereby declares the premises located at: 1000 DESOTO ST and legally described as follows, to wit: FAIRVLEW ADDITION LOT 12 BLK 12 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under anthority of Chapter 45.11. On June 11, 2007, a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily all the de�ciencies present at this time. As �rst remedial action, a Code Compliance Inspection must be obtained from the Building Inspection and Design Section, 8 Fourth Street East, Suite 2Q0, Commerce Building (651)266-9090. That inspection will identify specific defects, necessary repairs and legai requirements to correct this nuisance condition. You may also be required to post a five thousand dollar ($5,000.00) performance bond with the Building Inspection and Design Office before any permits are issued, except for a demolition permit. AA-ADA-EEO Employer June 26, 2007 1000 DESOTO ST page 2 D?�ID�D This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. This is a two-story, wood frame duplex with a detached, one and one-half car garage. Note: The owner did show for the inspecrion. Exterior The eaves and soffits are in a state of disrepair or deterioration. Repair all defects, holes, breaks, loose or rotting boards, to a professional state of maintenance. Permit may be required. The exterior walls andlor trim of the house and/or garage has defective, peeled, flaked, scaled or chalking paint or has unpainted wood surfaces. Scrape and repaint to effect a sound condition in a professaonal manner. 3. The foundation is deteriorated, defective or in a state of disrepair. Repair all foundation defects in a professional manner to a weather-tight, water-tight and rodent-proof condition. Permit may be required. 4. The exterior walls of the house andlor garage are defective. Repair all holes, breaks, loose or rotting siding, to a professional state of maintenance. 5. The window andlar door screens are missing, defective ar in a state of disrepair. Provide proper window and door screens for all openable windows and doors. 5creens must be tight-fitting and securely fastened to the frames. 6. The windows and/or storm windows are in a state of disrepair. Replace all missing or broken window glass. Make all necessary repairs to frames, sashes, hardware and associated trim in a professional manner. Permit may be required. Interior The interior ceilings are defective. Repair all ceiling defects and finish in a professional manner. 8. The interior walls are defective. Repair all wall defects and finish in a professional manner. 9. The kitchen floor covering is in disrepair. 10. There are gross unsanitary condirions indicated from viewing through exterior windows. June 26, 2007 /� / 1000 DESOTO ST U ��jD�D page 3 As owner, agent ar responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by July 26, 2007 the Deparhnent of Safety and Inspecrions, Division of Code Enfarcement, will begn a substantial abatement process to demolish and remove the building(s). The costs of this action, inciuding administrative costs and demolition costs wi11 be assessed against the property taxes as a speciai assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Desi�n Section, 8 Fourth 5treet, Suite #200, Commerce Building, (651)266-9090. This inspection will identify specific defects, necessary repairs and legal requirements to conect this nuisance condition. As an owner or responsible party, you aze required by law to provide full and complete disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or responsibility for this property, you must within seven (7) days, notify the Enforcement Officer with the names and addresses of any new owners or responsible parties. The Enforcement Officer is required by law to post a placard on this property which declazes it to be a"nuisance condition", subject to demolition and removal by the City. This placard shall not be removed without the written authority of the Department of Safety and Inspections, Division of Code Enforcement. The department is further required to file a copy of this "Order to Abate" with the City Clerk's Office. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the City Council at which time testimony will be heard from interested parties. After this hearing the City Council will adopt a resolution stating what action if any, it deems appropriate. If the resoluCion calls for abatement action the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated an accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if conective action is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including administrative costs will be assessed against the property as a special assessment in accordance with law. June 26, 2007 1000 DESOTO ST page 4 ��'/OlaO If you have any questions or request additional information please contact Mike Kalis between the hours of 8:00 and 930 a.m. at 651-266-1929, ar you may leave a voice mail message. Sincerely, Steve Magner Vacant Buildings Program Manager Division of Code Enforcement cc: Mary Erickson - Council Research Cindy Carlson - PED Housing Amy Spong — Heritage Preservation ota60735 6/07 � ����o � 0 0 N o; d � O U Q :� CC A bA � .� � d � V .0 7 Qr � 0 0 N '� e�1 L d .4 d Q�. � � a � r 0 0 N � L Y �i d O d R A � 0 U �.+' � � a s, .+ � O Y � d A N O O rti O O ti � � ^C ^6 � r 0 N � N � ti i 6S A 0 u o. C .� � � =° � � � • U U '^Y .G -O .-. :i � w iV CJ � N vi '-, Gi. 4'"-i �' w '}^' 'i t+� � i. i. W U U '� U � n � m -o -o � � � � � ^ � � �i �i y � � S7 y '�' � � � O � Q � -�+ O r � v U.� � v � � � � � N >, T � � � � i� �i Ri �G � � � O a� y � O N �+ � � N C�.' O iG G' � '.��. 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'.7 � U N s+ y U �, C C�.A O � .� o o �, x �„ � � o a�i C� W L*�, � �-7 Date: File #: Folder Name: PIN: ?` � �, May 31, 2007 06 - 267349 1000 DESOTO ST 292422240139 U7-/D�� . i .:i�,�'�, ..'�`. fi ' .... . .sdv.,�.,.. � � �v: � . � 3 p '" t p��� T �� a�iT m �, � �, ` �: �� �. �� � R . ... ... �..1� K � � � Y 5 �� - �' .�. .� _!.: `-' �+' 7 i �� •i Date: May 31, 2007 �7 /Q�jQ File #: 06 - 267349 Folder Name: 1000 DESOTO ST PIN: 292922240139 Date: May 31, 200� �/''���� Ftle #; 06 - 267349 Folder Name: 1000 DESOTO ST PIN: 292922240139 �� �J:`�� r �v�.e Cfl��t —. �s�^'�"�`��, ��-d p �� R? �'.'�'.r� t d';` . � � y � A '�n t � . . . . , � Date: May 31, 2007 D � `�� File #: 06 - 267349 L Folder Name: 1000 DESOTO ST PIN: 292922240139 Date: May 31, 2007 ��' 10 File #: 06 - 267349 Folder Name: 1000 AESOTO ST PIN: 292922240139 Date: May 31, 2007 File #: 06 - 267349 �'� � J��Q Folder Name: 1000 DESOTO ST PIN: 292922240139 Date: May 31, 2007 File #: 06 - 267349 � � �,D�j� Folder Name: 1000 DESOTO ST PIN: 292922240]39 Date: May 31, 2007 File #: 06 - 267349 D7� jD� � Folder Name: 1000 DESOTO ST PIN: 242422240139 Date: May 31, 2007 FYIe #: 06 - 267349 47-/DloO Folder Name: 1000 DE50T0 ST PIN: 292922240139 Date: May 31, 2007 File #: 06 - 267349 �' �Q lpQ Folder Name: 1000 DESOTO ST PIN: 292922240139 Date: May 31, 2007 File #: 06 - 267349 Q 7'/Q (Q� Folder Name: 1000 DESOTO ST PIN: 292922240139 Date: May 31, 2007 File #: 06 - 267349 6�'/D �Q Folder Name: 1000 DESOTO ST PIN: 292922240139 October 9, 2007 Legislative Hearing Minutes ������A� Page 4 4. Ordering the owner to remove or repair the building(s} at 1000-1002 Desoto Street within fifteen (15) days from adoption of resolution. Mr. Magner stated the building was a two-story, wood frame, duplex on a lot of 4,792 squaze feet and had been vacant since November 7, 20�6. A code compliance inspection had not been done. The vacant building registrarion £ees were paid and the $5,000 performance bond had not been posted. On June 11, 2Q�7, an inspection of the building was done and a list of deficiencies wkuch consritute a nuisance condition was developed. An order to abate a nuisance buiiding was posted on June 26, 2007 with a compliance date of July 26, 2007. To date, the property remained in a condition which comprised a nuisance as defined by the Legislative Code. Ramsey County Taxation estimated the market value of the land to be approximately $4Q,OQ0 and the building to be $14Q,OQQ. Real estate t�es for were. Code Enforcement estimates the cost to repair the building to be approximately $50,000 to $60,000. The cost for demolition was estimated to be approximately $10,OQ0 to $12,Q00. There had also been five snmmary abatements issued to this property since 2006, four of which went to work order: to secure the building and the City had to board the building to secure it from trespass, remove improperly stored refuse, and remove tall grass and weeds. Mr. Magner stated that there was also a summary abatement this past September to board the garage. When they re-inspected the property, they found that someone had kicked in the back doors to the upper unit and lower unit and had removed copper piping as well as done other vandalism to the property. Therefore, he would likely have to re-evaluate the cost of the repairs due to the recent vandalism to the property. Code Enforcement recommends the building be repaired or removed within 15 days. Mr. Magner presented photographs of the property. Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner stated that it was referred by the area inspector based on exterior violations. At that time, they found the building to be vacant and secured; there was tall grass and weeds; trash in the yard; there were other exterior violations; and the electric had been shut off. The property owner of record, John Billings, did not appear. No other parties of interest appeared. Ms. Moermond recommended the building be removed within 15 days with no option for repair.