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07-1159Council File # �7���� / Green Sheet # 3045139 RESOLUTION Presented by OF I; PAUL, MINNESOTA 1 WI3EREAS, Department of Safety and Inspections has requested the City Council to 2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking 3 and removal of a two story wood frame single family dwelling with a detached, two and one-half 4 car garage located on property hereinafter referred to as the "Subject Property" and commonly 5 known as 276 TOPPING STREET. This property is legally described as follows, to wit: 6 7 ATWATER STREET ADDITION TO THE CITY OF ST. PAUL RAMSEY COLJNTY, MINN. 8 LOT 7 BLK 2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Deparhnent of Safety and Inspections on or before March 31, 2007, the following are the now known interested or responsible parties for the Subject Property: Stephen Hall, 276 Topping St, St. Paul, MN 55117; BNC Mortgage, 1901 Main Street, Irvine, CA 92614; MERS, 1595 Spring Hill Rd, Suite 310, Vienna, Virginia 22182; District 6 Planning Council. WHEREAS, Depariment of Safety and Inspections 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 August 13, 2007; and WHEREAS, this order informed the then known interested or responsible parties that the stnzcture located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by September 12, 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 Deparhnent of 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 WIIEREAS, the interested and responsible parties have been served notice in accardance 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, November 13, 2007 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to arder the interested or responsible parties to make the Subject Property safe and not detrimental to the 7� 07- llSg 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 public peace, health, safety and welfare and remove its blighting influence on the community by demolishing and removing the structure in accordance with all applicable codes and ordinances. The demolition of the struchxre to be completed within fifteen (15) days after the date of the Council Hearing; and WIiEREAS, a hearing was held before the Saint Paul City Council on Wednesday, December 5, 2007 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 276 TOPPING STREET. That the Subject Property comprises a nuisance condition as defined in Saint Paul 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 lrnown responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition ha�e not been corrected. 6. That Department of Safety and Inspections has posted a placard on the Subj ect Property which declares it to be a nuisance condition subj ect to demolition. 7. That this building has been routinely monitored by Deparhnent of Safety and Inspections, 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. ••r • The Saint Paul City Council hereby makes the following order: The above referenced interested or responsibie 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 struchtre in accardance with all applicable codes and ordinances. The demolirion and removal of the ��-I�Sy 86 87 88 89 2. 90 91 92 93 94 95 3. 96 97 98 99 100 101 4. 102 structure must be completed within fifteen (1� days after the date of the Council Hearing. ff the above corrective action is not completed within this period of time Department of Safety and Inspections 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. 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. Adoprion Cerlified by Coundl Secretary BY / / LY�J Approved by Ofayo' Date �Z-��G �p 7 By: ('" � .t�� � �- Requested by Department of: Safety and Inspections Code Enforcement / Vacant Building By: Forxn Approved by City Attorney By: Form Approved by Mayor for Submission to CouncIl By: Adopted by Council: Date �� p� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �7���� Departmentloffice/wuncil: Date Inifiafed: $� - DeptofSafery&Inspectioas ,z-�T-07 ; Green Sheet NO: 3045139 Contad Person & Phone: Bob Kessler 266-9013 musi ce on �ouncn ngena OSDEC-07 Doc.Type: RESOLUTION EAOCUment Required: N Document Contact: Contacf Phone: Toql # of Signature Pages � Assign Number For Routing Order (Clip All Locations for Signature) 2 " Attorn 3 a or's Office Ma adASSistant 4 ouna7 5 i Clerk C7 Clerk City Council to pass this xesolution which will order The owner(s) to remove the referenced building(s). If the owner fails to comply with the resolution, the Departrnent of Safety and Inspections is ordered to remove the building. The subject property is located at 276 TOPPING ST . iaanons:.vpprove �r.� or n Planning Commission CIB Committee Civil Service Commission 1. Has this person/frm everworked under a contrect forthis department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally passessed by any current city employee? Yes No F�cplain 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 Cttapter 45 and a vacant building as defined in Chapter 43 of the Saint Paui Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 276 TOPPING ST by September 12, 2007, and have failed to comply with those orders. Advantages N Approved: The Ciry will eliminate a nuisance. � Disadvantages If Approved: � The City will spend funds to wreck and remove this building(s). These costs will be assessed to the proper[y, collected as a special assessment against the pLOpecty tases. � . A nuisance condltion will remain unabated in the City. Thia building(s) will continue to blight the communiry. Disadvantages If Not Approved: � A nuisance condition will remain unabated in the Ciry. This building(s) will continue to blight the communiTy. Transaction: CosBRevenue Budgeted: Fundiny source: Nuisance Housing Abatement A����ty Number: QO1 Financial Informationf (Explain) NoJember 15, 2007 11:45 AM Page 1 DEPARTMHNT OF SAFETY AND INSPECTIO�TS Deck Lippert, Manager of Code Enforcement CITY OF SAINT PAUL Christopher B. Coleman, Mayor Nuisance Building Enforcernent 1600 White Bear Ave N Saint Paul, MN 55106 October 12, 2007 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council p�� 2 2 204� Department of Safety and lnspections, Vacant/Nuisance 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: 276 TOPPING ST The City Council has scheduled the date of these hearings as follows: Legislative Hearing — Tuesday, November 13, 2007 City Council Hearing — Wednesday, December 5, 2007 The owners and responsible parties of record are: Name and Last Known Address Stephen Hall 276 Topping St St Paul M1V 55117-5313 BNC Mortgage 1901 Main Street Irvine, CA 92614 MERS 1595 Spring Hill Rd, Suite 310 Vienna, Virginia 22182 District 6 Planning Council district6na�qwestoffice.net AA-ADA-EEO Employer t�7-l�� I Tel. (6�Ij 266-1900 Fax: (651) 266-1926 „n_fi rnr,±�.�° � e,E' -,° ° .-- � e .,-` ' Interest Fee Owner Mortgage Foreclosure Purchaser District Council Contact 276 Topping Street October 12, 2007 Page 2 The legal description of this property is: D �-l/�9 ATWATER STREET �,DDITION TO THE CITY OF ST. PAUL R�MSEY COtiNTY, NIINN. LOT 7 BLK 2 The Department of Safety 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 correcting the deficiencies or by razing and removing this building(s). The property was reinspected on September 12, 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 Depariment of Safety and Inspections 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, Steve Magne�^ Steve Magner Vacant Buildings Manager Department of Safety and Inspections SM:nm ca Judy Hanson, City Attomeys Office Mary Erickson, Assistant Secretary to the Council Cindy Carlson, PED-Housing Division Stacey Millett, Invest St. Paul District Council — Community Organizer pubhmg60183 06/07 6 �- ���� SUMMARY FOR PUBLIC HEARING 276 Topping Street Legislative Hearing — Tuesday, November 13, 2007 City Council — Wednesday, December 5, 2007 The building is a two-story, wood frame, single-family dwelling with a detached 2'h car garage on a lot of 3,920 square feet. According to our files, it has been a vacant building since April 12, 2005. The current property owner is Wells Fargo Bank NA, per AMANDA and Ramsey county property records. There have been eleven (11) Si.IMMARY ABATEMENT NOTICES since 2005. There have been ten (10) WORK ORDERS issued for: - Removal of improperly stored refuse - Removal of tall grass and weeds Removal of snow and ice On June 27, 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 NUISANCE BUILDING was posted on August 13, 2007 with a compliance date of September 12, 2007. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant Building registration fees are delinquent in the amount of $875.00. Tazcation has placed an estimated market value of $48,300 on the land and $ll 1,300 on the building. As of November 12, 2006, a Code Compliance inspection has not been completed. As of November 12, 2007, the $5,000.00 performance bond has not been posted. Real Estate tases are current. Code Enforcement Officers estimate the cost to repair this structure is $50,000 to $60,000. The estimated cost to Demolish is $10,000 to $12,000. DSI, Division of Code Enforcement Resolution submitted for consideration 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 Fiame Sige P�ay Page 1 of 2 �7'���j'�/ CantacY iis Tax & Property Characteristic Information - Structure Description RRlnfo Home {� Insights { I Property l.00k uo � � Record Documents �, Contact Us New Pr�ertv Search Back to Search R esulcs Quick E�fo Property Information Taxpaxer Name and Address Value Information Vaiue Historv Structure Description Sa1e Information SpeciaE Assessinents Prooerty Tax Payment Fnformation °ra�erty Tax Pay_ment H isto� Current Pra�erty Tax Statement(Value Notice 2Q06 Property Tax Statement(Value Noiice 2045 Pr�ert Statemer�tLValue Notice 2004 Property_Tax Statement/Value Notice > Structure Description Property Ydentification 25.29.23.42.0180 Number (PIN) Property Address 276 Topping St St. Paul 55117-5313 Residential Property: Year Built 1894 # of Stories 1.50 Style O�e And 3j4 Story Exterior Wall Aluminum/vinyl Total Rooms 5 Total Family Rooms 0 Total Bedrooms 3 Full Baths 1 Half Baths 1 Attic Type Finished Finished SQ Peet 1268 Foundation Siae 640 Sasement Area Finished Finished Rec Area Garage Type Detached Area (sq.ft.) 624 Parcel Size .09 Acres Parcel Width 33.00 Feet Parcel Depth 125.00 Feet Land Use Code 510 Land Use Description R- Single Family Dwelling, Platted Lot http://rrinfo. co.ramsey.mn.us/public/chazacteristic/Parcel.pasp?scrn=Dwelling&pin=2529... 11 /12/2007 DEPARTMENT OF SAFETY AND INSPECTIONS Dtck Lippert, Manager of Code Enforcement CITY OF SAINT PAUL Christapher B. Coleman, Mayor Nuisance Building Enfoscement D7-//�g 1600 GYhite Bear Ave N SaintPaul, MN.ii106 August 13, 2007 Stephen Hall 276 Topping St St Paul MN 55117-5313 BNC Mortga�e 1901 Main Street Irvine, CA 92614 MERS 1595 Spring Hill Rd, Suite 310 Vienna, Virginia 22182 Order to Abate Nuisance Building(s} Dear: Sir or Madam Tel. (651) 266-1900 Fax: (651J 266-1926 The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 276 TOPPING ST and legally described as follows, to wit: ATWATER STREET ADDITION TO THE CITY OF ST. PAUL RAMSEY COUNTY, MINN. LOT 7 BLK 2 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under authority of Chapter 45.11. On 7uly 27, 2007, a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily all the deficiencies present at this time. As first remedial action, a Code Compliance Inspection must be obtained from the Building Inspection and Design Section, 8 Fourth Street East, Suite 200, Commerce Building (651)266-9090. That inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a five thousand dollar ($S,OOQ.QQ) performance hond with the Building Inspection and Design Office before any permits are issued, except for a demolifion permit. AA-ADA-EEO Employer August13,2007 276 TOPPING ST page 2 U �' � �� This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy unril such tnne as a Certificate of Compliance or a Certificate of Occupancy has been issued. This is a two-story, wood frame, single family dwelling with a detached, two and half stall gara�e. 1. 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. 2. The windows and/or storm windows aze 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. 3. The window and/or doar screens are missing, defective or in a state of disrepair. Provide proper window and door screens for all openable windows and doors. Screens must be tight-fitting and securely fastened to the frames. 4. The exterior walls and/or trim of the house and/or garage has defective, peeled, flaked, scaled or chalking paint ox has unpainted wood surfaces. Scrape and repaint to effect a sound condition in a professional manner. 5. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace the roof covering to a sound, tight and water impervious condition. Permit may be required. 6. The chimney is defective, deteriorated or in a state of disrepair. Replace all missing or defective bricks, tuckpoint as needed to restore the chimney to a professional state o£ maintenance and repair. Permit may be required. 7. The steps are in disrepair. Repair/replace. 8. The exteriar walls of the garage are defecrive. Repair ail holes, breaks, loose or rotting siding, to a professional state of maintenance. 9. The structure is a registered vacant building and must have a Code Compliance Certificate before the sh may be occupied. Immediately vacate the structure or obtain a Code Compliance Certificate from L.I.E.P. You may contact Jim Seeger at L.I.E.P. for code compliance inspection, permits, and issuance of Code Compliance Certificate. Under Chapter 33.03 of the Saint Paul Legislative Code, August 13, 2007 276 TOPPING ST page 3 D?-1/5�I failure to obtain a Code Compliance Certificate or to vacate the structure may result in issuance of criminal summonses. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resultin� nuisance condition is not corrected by September 12, 2007 the Department of Safety and Inspections, Division of Code Enforcement, will be�n a substantial abatement process to demolish and remove the building(s). The costs of this action, including admuustrative costs and demolition costs will be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Section, 8 Fourth Street, Suite #200, Commerce Building, (651)266-9090, This inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. As an owner or responsible party, you are 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 far 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 Enfarcement 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 sha11 not be removed without the written authority of the Department of 5afety and Inspections, Division of Code Enforcement. The depariment 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 fiom interested parties. After this hearing the City Council will adopt a resolution stating what action if any, it deems appropriate. If the resolution 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 in accordance with the provasions of Chapter 33 of the Saint Paul Legislative Code and provide that if corrective 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. August 13, 2007 276 TOPPING ST page 4 ��-/l59 If you have any questions or request additional information please contact Joe Yannarelly between the hours of 8:00 and 930 am. at 651-266-1920 or 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 — Aeritage Preservarion ota60135 6/07 ��-r��� � 0 0 N Ki ti C� G7 7 O ti � A bA G .� d � � � � Q� � O O N � H d 0 u O � A � � r O O N M ia d � d U Y A � A U � O O � � � .. d d iw yd � � M �^ 0 F� � � N rn d i. "� � r 0 0 N N �--i L d � w d � � A � u v Cw C .� � � � o �� �� � �� � � � � w � C y y w � � Vl y w r., 4, ?� r�i � V U � U G U U � � h � "� � C'i N � ��C � �-t 4+ T � � y � O �, � � � 7 °' U U � U � L T � � � y � � � �i �i R�, —Ni �-' � Q i�. O ti ,� O M () N y �. O y ' V � N u^ O u � � � 00 N '' O N ,� N Q ' � I� �. � � � N z � � � c�n o � ,� �. � � ��. 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Ordering the owner to remove or repair the building(s) at 276 Topnine Street within fifteen (15) days from adoption of resolution. Mr. Magner stated the building was a two-story, wood frame, single-family dwelling with a detached rivo and one-half stall garage on a lot of 3,920 squaze feet and had been vacant since April 12, 2005. A code compliance inspection had not been done, the vacant building registration fees were delinquent in the amount of $875, and the $5,000 performance bond had not been posted. On June 27, 2007, an inspection of the building was done and a list of deficiencies which constitute a nuisance condition was developed. An order to abate a nuisance building was posted on August 13, 2007 with a compliance date of September 12, 2007. To date, the property remained in a condition which comprised a nuisance as defined by the Legislative Code. Ramsey County TaYation estimated the mazket value of the land to be approximately $48,300 and the building to be $111,300. Real estate tases were current. 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 $10,000 to $12,000. There had also been 11 summary abatements issued to this property since 2005, 10 of which went to work order: remove improperly stored refuse, cut tall grass and weeds, and remove snow and ice. Code Enforcement recommends the building be 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 the inspector condemned the building on March 2, 2005. At that point in time, there was extensive deterioration, failure of the foundation, as well as numerous exterior building code violations. The property owner of record, Wells Fargo Bank NA, did not appeaz. No other parties of interest appeared. Ms. Moermond recommended the building be removed within fifteen (15) days with no option for repair.