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07-118Council File # d (/ Green Sheet #�_��7��t ' 1 OF Presented by PAUL, MINNESOTA 1 WHEREAS, Neighborhood Housing & Property Improvement 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 and the attached, 0 5 6 7 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 41 42 43 two-stall, wood frame and masonry garage located on property hereinafter referred to as the "Subject Property" and commonly known as 1897 FERONIA AVE . This property is legally described as follows, to wit: Legal Desc: HINKELS SECOND AMENDMENT TO UNION PARK LOTS P AND Q WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighbarhood Housing & Property Improvement on or before July 31, 2006, the following are the now lrnown interested or responsible parties for the Subject Property: Mahmood U Hassan, 7735 Teal Road, Woodbury, MN 55125-1450; Countrywide Hoine Loans of MN, Inc., 2070 EAGLE CREEK LANE, #200, WOODBURY, MN 55129; America's Wholesale Lender, 1907 East Wayzata Blvd Suite #200, Wayzata, MN 55391 WHEREAS, Neighborhood Housing & Propert}� Improvement 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 November 8, 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 or responsible parties that they must repair or demolish the structure located on the Subject Property by November 20, 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 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 befare the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, January 16, 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 rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by 5b o7-ii� 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 s2 83 84 85 86 87 demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within ten (10) days after the date of the Council Hearing; and WI�REAS, a hearing was held before the Saint Paul City Council on Wednesday, February 7, 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 1897 FERONIA AVE. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 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 ar 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). 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 declares 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. That the lmown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. � y� ' The Saint Paul City Council hereby makes the following order: L 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 rehabilitating this structure and correcting all � 7-��� g8 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 deficiencies as prescribed in the above referenced Order to Abate Nuisance Buildmg(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 completed within ten (10) days after the date of the Council Hearing. 2. If the above corrective action is not completed within tlus period of time Neighbarhood Housing & Property Improvement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subj ect Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. 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 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 Requested by Department of: Neighborhood Aousing and Properry Improvement Adopted by Cotimcfl: Date �7�/J� — TT — Adoption Certified by Council Secretary BY �� ` i. Approved b ay Date Z D By: �r� � . -� For Ap roved by Ci t ney By: Form Aj�pro � d b May r for Submission Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �� � � `� �;. NH — NeighborhoodHousing/Propeny Co'rtact Person 8 Phone: Bob Kessler Must Be on Council Agenda by (Date): 07-FEB-07 Doc. Type: PUBLIC HEARING (RESOLUI E-Document Required: Y Document Contact: Maxine Linsto� ContactPhone: 266-1938 22-DEG06 �/ Assign Number For Routing Order Totai # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3035592 � O �-/l� 0 ei¢hborhood Housin¢/Propertv 1 ��/� 1 ' hborhood Housin ro De artment Director Q 2 ' AHOrne f' '�7 3 or's Office Ma or/ASSistant 4 ouncil 5 i Clerk Citv Clerk City 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, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 1897 Feronia Avenue. �aacwns: Approve �a.� or rt Planning Commission CIB Committee Civil Service Commission 1. Has this person/fircn ever worked under a contract for this department? Yes No 2. Has this person/firtn ever been a cily employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any wrrent city employee? Yes No Explain all yes answers on separate 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 in Chapter 43 of the Saint Paul 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 1897 Feronia Avenue by November 20, 2006, and have failed to comply with those orders. Advantages If Approved: The Ciry will eliminate a nuisance. DisadvanWges If Approved: The City will spend funds to wreck and remove this building(s). assessment against the property taxes. JAN 0 9 20D7 These costs w111 be assessed to the property, collected as a special Disadvantages'If Not Approved: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. � Transaction: $14,000 Fundin9 source: Nuisance Housing Financial lnformation: Abateme�t (Explain) CostlRevenue Butlgeted: y t�p, Q� �n�y xA fV � 9 Activity Number. 30251 ��canc6! �es�are� ��r��� A ��� I .. ' . . ! � � � � . i December2l, 2006 1235 PM Page 1 0 7-/l 8 SUMMARY FOR PUBLIC HEARING 1897 Feronia Avenue Legislative Hearing — Tuesday, January 16, 2007 City Council - Wednesday, February 7, 2007 The building is a two-story, wood frame,siFt� �y dwelling on a lot of 4,792 square feet. According to our files, it has been a vacant building since October 21, 2004. The current property owners are Mahmood U Hassan, per AMANDA and Ramsey county property and taacation records. The city has had to board this building to secure it from trespass. There have been six (6) SUMMARY ABATEMENT NOTICES issued for: - Removal of tall grass and weeds, - Removal of improperly stored refuse - Secure the building - Snow On November 6, 2006 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 November 8, 2006 with a compliance date of November 20, 2006. 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 aze current. Tasation has placed an estimated mazket value of $8Q300 on the land and $258,900 on the building. As of January 26, 2006, a Code Compliance inspection has been completed. As of January 26, 2006, the $5,000.00 performance bond has been forfeited. Real Estate taafes are current. Code Enforcement Officers estimate the cost to repair this structure is $50,000. The estimated cost to Demolish is $12,000 to $14,000. 0 7-�� � NHPI, Division of Code Enforcement Resolution submitted for consideration orders the property owner to repair or remove this structure within ten (10) days, if not the xesolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. rrFrG�o�ooD xousirrG nrrn � 7-/� � PROPERTYIMPROVEMEI�T Dick Lippert, Manager of Code Enforcement CITY OF SAINT PAUL Christopher B. Coieman, Mayor Nuisance BuiZding Enforcement November 8, 2006 Mahmood U Hassan 7735 Teal Rd Woodbury MN 55125-1450 1600 White Bear Ave N Tel: (651) 266-1900 Saint Paul, MN 55106 Fax: (651) 266-1926 Order to Abate Nuisance Building(s) Dear : Mahmood U Hassan The Vacant/Nuisance Buildings Unit, Department of Neighborhood Housing and Property Improvement, hereby declares the premises located at: 1897 FERONIA AVE and legally described as follows, to wit: Legal Desc: HINKELS SECOND AMENDMENT TO iJrTION PARK LOTS P AND Q 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 November 06, 2006, a Building Deficiency Inspection Report was compiled and the following condirions 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�ve thousand dollar ($5,000.00) performance bond with the Building Inspection and Design Office before any permits are issued, except for a demolition per�nit. 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 rime as a Certificate of Compliance ar a Certificate of Occupancy has been issued. AA-ADA-EEO Employer November8,2006 1897 FEROIQIA AVE page 2 o7-i�� This is a two-story, wood frame, single family dwelling with an attached, two-stall, masonry and wood frame garage. BUILDING 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15, 16. 17. The roof on the west side of the dormer is not properly flashed to Code. The roof on tbe west side, lower soffit area, is very uneven and not to Code. The bay window on the side is not installed or flashed to Code. The second floor west side, front window is too high off floor. The front door has no drip cap and is not installed to Code. There is no handrail installed at the reaz exterior, concrete stairs. The east side of the house has an open hole that goes into the basement. The siding has many gaps and cracks which allows water infiltration into wall cavity. The first floor bathroom is not complete. Some of the floor covering is missing. The fire door between the house and garage is not install with a self-closing device. The one hour fire rated wall between house and garage has holes and pars of 5/8 inch drywall are missing. The basement floar has holes and junk spread all over the floor. The second floor, stair landing window has not been replaced with tempered glass. The second floor, front bedroom is missing a smoke detector. The rear, east side retaining wall is rotted. Tbe exterior painting is very tivn and you can see through it in many areas where it was missed. PLYTMBING Plumbing is not done. I3EATING l. Main gas valve needs to be replaced. 2. The gas union needs to be replaced with black pipe union. 3. The open duct from supply must be capped or run to a register. 4. The flexible duct work must be replaced with an approved duct connector with a permit. 5. The holes in plenum must be properly patched with sheet metal. 6. Heat must be installed in the second floor bathroom. As owner, agent or responsible party, you aze hereby notified that if these deficiencies and the resulting nuisance condiUon is not corrected by November 20, 2006 Neighborhood Housing and Property Improvement, Division of Code Enforcement, will begin a substantial abatement process to demolish and remove the building(s). The costs of this action, including administrative costs and demolition costs will be assessed against the property taaces as a special assessment in accardance with law. November 8, 2006 1897 FERONLS AVE page 3 a 7-i�� As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Desi� Section, 8 Fourth Street, Suite #200, Commerce Building, (651)266-9090. This inspection will idenrify specific defects, necessary repairs and legal requixements to correct t3us nuisance condition. As an owner or responsible party, you are required by 1aw to provide full and complete disclosure of this "Order to Abate" to all interested parties, a11 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 placazd on this property which declares 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 Neighborhood Housing and Properiy Improvement. The department is fiu 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 Councii fhat 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 resolurion 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 acrion or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul I,egislative Code and provide that if corrective action is not taken within the specified tnne, 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. November 8, 2006 1897 FERONIA AVE page 4 o �-�� 8 If you have any quesrions or request additional information please contact Steve Magner beiween the hours of 8:00 and 9:30 a.m, at 651-266-1928, or you may leave a voice mail message. Sincerely, Steve Magner Steve Magner Vacant Buildings Supervisor Neighborhood Housing and Property Improvement cc: Mary Erickson - Council Reseazch Laurie Kaplan - PED Housing ota60135 3/06 OFFICE OF LICENSE, INSPECTIONS AND n ENVIRONMENTAL PROTECTION D `7_// X' Bob Kessler, Director � U CITY OF SAINT PAUL ChristopherB. Coleman, Mayor January 26, 2006 THE SAINT PAUL CITY COUNCIL Re: 1897 Feronia Avenue File#: 04 179617 VB3 PROGRESS REPOTtT COMMERCEBUILIJING Telephone. 651-266-9090 8 Fourth Street Eas; Suite 200 Facsimile: 671-266-9124 St Pnu1, Mennesata SSIOI-10?4 D✓eb. www.liep.us The following is a list of correction items ttiat are not completed or are not up to Code at the above-referenced addzess. The house was to be in compliance by 3anuary 13, 2006 per City Council Resolution No. OS-1076: BUILDING l. The roof on the west side of the dormer is not properly flashed to Code. 2. The roof on the west side, lower soffit area, is very uneven and not to Code. 3. The bay window on the side is not installed or flashed to Code. 4. The second floor west side, &ont window is too high off floor. 5. The front door has no drip cap and is not installed to Code. 6. There is no handrail installed at the rear exterior, concrete stairs. 7. The east side of the house has an open hole that goes into the basement. 8. The siding has many gaps and cracks wlvch allows water infiltrarion into wall cavity. 9. The first floor bathroom is not complete. 10. Some of ttie floor covering is missing. 11. The fire door between the house and garage is not install with a self-closing device. 12. The one hour fire rated wall between house and garage has holes and pars of 5/8 inch drywall are missing. 13. The basement floor has holes and }unk spread all over the floor. 14. The second floor, stair landing window has not been replaced with tempered glass. 15, The second floor, front bedroom is missing a smoke detector. 16. The rear, east side retaining wall is rotted. 17. The exterior painting is very thin and you can see through it in many areas where it was missed. AA-ADA-EEO Employer o��i� 1897 FERONiA AVENUE JANUARY 26, 2006 PAGE TWO ELECTRICAL l. The Electrical Pernut has been fmaled but it appears that more elecirical work is being done. PLi3MBING 1. Plumbing is not done. HEATING 1. Main gas valve needs to be replaced. 2. The gas union needs to be replaced with black pipe union. 3. The open duct from supply must be capped or run to a register. 4. The flexible duct work must be replaced with an approved duct connector with a permit. 5. The holes in plenum must be properly patched with sheet metal. 6. Heat must be installed in the second floor bathroom. Sincerely, James L. Seeger Code Complaance Officer JLS:sIa Attachments � 7-//8' January 16, 20Q7 Legislative Hearing Minutes Page 7 5. Ordering the owner to remove or repair the building(s) at 1897 Feronia Avenue within fifteen (15) days from adoption of resolution. (NHPI) Mr. Magner stated the building was a two-story, wood frame, duplex on a lot of 4,792 square feet and had been vacant since October 21, 2004. The vacant building fees were current, a code compliance inspection had been done and the $5,000 performance bond had been forfeited. On November 6, 2006, an inspecrion of the building was done and a list of deficiencies which constitute a nuisance condirion was developed. An order to abate a nuisance building was posted on November 8, 2006 with a compliance date of November 20, 2006. To date, the property remained a nuisance. Ramsey County Taxation has estimated the market value of the land to be approximately $80,300 and the building to be $258,900. Real estate taxes were current. Code Enforcement estimates the cost to repair the building to be approximately $50,000. The cost for demolition was estimated to be approximately $12,000 to $14,000. There had also been six summary abatements issued to this property: cut tall grass and weeds, remove improperly stored refuse, remove snow, secure the building and the City had to board the building from trespass. Code Enfarcement recommends the building be demolished within 10 days. The property owner of record, Mahmood Hassan, did not appear. Theresa Heiland, Merriam Park Community Council, appeared and stated that she had hoped the owner and/or his attorney would have been present at the hearing and she expressed concern that the previous order was not enforced It was the Community Council's request to have the building removed since it had languished in the neighborhood for quite some time. Mr. Magner stated that he believed the building would need an updated code compliance inspection as there hadn't been any recent action at the property and bond had been forfeited. There were building permits that were still open and had not been signed off. He pointed out that some of the work had not been done under permit. He believed work on the building could have been completed within two months a, however, the owner has had no contact with any City inspectors on his desire to complete the repairs to the building. Ms. Moermond asked whether the orders had been sent to John Hughes, the owner's last attorney of record. Mr. Magner responded that they had not. Ms. Moermond stated that since there had been no contact from the owner or his representative, she recommended removing or repairing the building within 10 days.