07-1223AMENDED 12/19/07
Presented by
Council File # d? /a'a
G�een Sheet # <LS-��2
RESOLUTION
SAINT PAUL, MINNESOTA
��
WHEREAS, Department of Safety and Inspections has requested the City Council to
hold public hearings to consider the advisability and necessity of ordering the repair or wrecking
and removal of a two story, wood frame duplex and located on property hereinafter referred to as
the "Subject Property" and commonly known as 858 BURR 5TREET. This property is legally
described as follows, to wit:
EDMLTND RICE'S FIRST ADDITION TO ST. PAUL LOT 7 BLK 3
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, 20�7, the
following are the now known interested or responsible parties for the Subject Property: MERS,
715 Metropolitan Ave, Oklahoma City, OK 73108; Wilford and Geske, 7650 Currell Blvd, Suite
300, Woodbury, MN 55125; Scott and Sandra Potter, 858 Burr St., St. Paul, MN 55130; Payne-
Phalen Planning Council.
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WHEREAS, Department 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 1Vuisance Building(s)" dated August 21, 2007; and
WHEREAS, this order informed the then known interested ox 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 parCies that they must repair
or demolish the structure located on the Subject Property by September 20, 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 conected and Department 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
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, November 27, 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 with all applicable codes and ordinances.
The demolition of the structure to be completed within fifteen (15) days after the date of the
Council Hearing; and
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WHEREA5, a hearing was held before the Saint Paul City Council on Wednesday,
December 19, 2007 and the testimony and evidence including the action taken by the Legislative
Hearing Officer was considered by the Council; now therefore
BE 1T 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 858 BURR STREET.
That the Subject Properry 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).
3. 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 to 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 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 and removal of the
structure must be completed within'�f��.�:. ��� five 5 days after the date of the Council
Heazing.
2. If the above corrective action is not completed within this period of time Department of
Safety and Inspections is hereby authorized to take whatever steps are necessary to
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demolish and remove this structure, fill the site and charge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 4� 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.
Benanav
Bostrom
Harris
Requested by Department of:
Safety and Inspections
Code Enforcement / Vacant Building
By:
Form Approved by City Attomey
By:
Adopted by Council: Date
�
J
Adoption Certified by Council Secretary
BY- /,f9/i l.�/J
Approved b r: Date � Z�� /O 7
By: (� _ • : �l_/'�..�Y.TA _--
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
07-/�� 3
$� -Dept. of Safety & Inspecuons � 25-OCT-07
Confact Person & Phone:
Bob Kessler
266-9013
Must ISe on Gouncil Agenq
19-DEG07
Doc.Type: RESOLUTION
E-DOCUment Required: N
Document Contact:
Contad Phone:
�
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3045592
O ;bePt OLSaf¢ty & IOSpectioas I
2 �ty Attorney I
3 a or's Office Ma or/Assistant
4 omcil
5 i Clerk Ci Clerk
City Council to pass tlils resolution which will order the ownez(s) to remove the referenced building(s). If the owner fails to comply
with [he resolutioq the Department of Safety and Inspecfions is ordered to remove the building. The subject property is located at
858 BCTRR ST .
iaatwns: approve (a) or rt
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm 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 attach to green sheet
Initiating Problem, Issues, OppoRunity (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 [o the Enforcement Officer were given an order to
repair or remove the building at 858 BURR ST by September 2Q 2007, and have failed to comply with those orders.
AdvanWges IfApproved:
The City will eliminate a nuisance.
Disadvantages If Approved:
The City will spead funds tu wieck and remove this building(s). These costs will be assessed to the propecty, collected as a special
assessment against the property taxes.
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
Disadvantages If Not Approved:
A nuisance condition will remain unabated in tHe City. This building(s) will condnue to blight the community.
� Transaction: CosURevenue Budgeted:
Funding source: NuisanCe Housing Abatement Activiry Number: p01-00257
Financiai Information:
(Explain)
N6vember 30, 200710:46 AM Page 1
�
DEPARTMENT OF SAFETY AND PVSPECTIONS
Dick Lippert, Manage� of Code Enforcement
CITY OF S A�NT PAUL
C1v�istopherB Coleman, Mayo�
October 26, 2007
Nuisance Buiiding Enforcerrzent
1600 Whize Bear Ave N
SaintPau[, MNSi106
NOTICE OF PUBLIC HEARINGS
Council Presidettt and
Members of the Citv Council
D7-/��3
Tel: (6>1) 266-1900
Fa�� (651) 266-1926
Depariment of Safety and Inspections , Vacant/Nuisance Buildings Enforcement Division
has requested the City Council schedule public hearings to consider a resolution ordering
tbe xepair or removal of the nuisance building(s) located at:
858 BURR ST
The City Council has scheduled the date of these heazings as follows:
Legislative Hearing — Tuesday, November 27, 2007
City Council Aearing — Wednesday, December 14, 2007
The owners and responsible parties of record aze:
Name and Last Known Address
Mortgage Blec Reg Systems InclCo Cit Group
715 Metropolitan Ave
Oklahoma City OK 73108-2090
Wilford and Geske
7650 Currell Blvd, Ste 300
Woodbury, MN 55125
Scott & Sandra Potter
858 Bun St
St Paul iVPiV 55130
Payne-Phalen Planning Council
d-Sdirector cr visi.com
Isiterest
Fee Owner
Foreclosure Attorneys
Interested Party ! Homesteader
District Council Contact
AA-ADA-EEO Employer
�
858 Burr Street
October 26, 2007
Page 2
The legal description of this property is:
0 7-/��3
EDMU\� RICE'S FIRST ADDITION TO ST. PAUL LOT 7 BLK 3
The Department of Safety and Inspections has declazed this building(s) to constitute a
"nuisance" as defined by Legislative Code, Chapter 45. The Deparhnent of 5afety 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 re-inspected on September 20, 2007. There was no coinpliance and the
nuisance condition remains unabated, the community continues to suffer the Ulighting
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, ar 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 incurred against the real estate as a special assessment to be
coilected in the same manner as taaces.
Sincerely,
Steve Magne�
Steve Magner
Vacant Buildings Manager
Department of Safety and Inspections
SM:nm
cc: Chad Staul, City Attorneys Office
Mary Erickson, Assistant Secretary to the Council
Cindy Carlson, PED-Housing Division
5tacey Millett, Invest St. Paul
District Council — Community Organizer
pubhmg60183 10l07
���/��3
SUMMARY FOR PUBLIC HEARING
858 Burr Street
Legislative Hearing — Tuesday, November 27, 2007
City Council — Wednesday, December 19, 2007
The building is a two-story, wood-frame, duplex on a lot of 6,534 square feet.
According to our files, it has been a vacant building since November 17, 2006.
The current property owner is MERS c!o Cit Group, per AMANDA and Ramsey county property
records.
The city has had to board tlus building to secure it from trespass.
There have been five (5) SIJMMARY ABATEMENT NOTICES since 2006.
There have been three (3) WORK ORDERS issued for:
- Removal of improperly stored refuse
- Removal of tall grass and weeds
On August 7, 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 BUILAING was posted on August 21, 2007 with a compliance date of
September 20, 2007. As of this date this property remains in a condition which comprises a
nuisance as defined by the legislarive code.
The Vacant Building registration fees aze delinquent in the amount of $625.00.
Tasation has placed an estimated market value of $53,400 on the land and $149,500 on the
building.
As of November 24, 2007, a Code Compliance inspection has not been completed.
As of November 24, 2007, the $S,QOQ.00 performance bond has not been posted.
Real Estate tases are current.
Code Enfarcement Officers estimate the cost to repair tlus structure is $40,000 to $50,000. The
esrimated cost to Demolish is $11,700 to $15,700.
NfIPI, Division of Code Enforcement Resolution submitted for consideration orders the property
owner to repair or remove this shucture 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 Characterisric Information - Structure llescnpnon
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> Structure Description
Property Identification Z9.29•22•31.010
Number (PIN)
Property Address 858 Burr St
SC. Paul 55130-4112
Residential Property:
Year Built 1884
# of Stories 2.00
Style Two Story
Exterior Wall Frame
Tota{ Rooms 9
Total Family Rooms 0
Total Bedrooms 4
Fuil Baths 2
Half Baths 0
Attic Type Unfinished
Finished SQ Feet 1744
Foundation Size 900
Basement Area Finished
Finished Rec Area
Garage Type Detached
Area (sq.ft.) 360
Current Pro�ertv Tax
Statement/Value Natice
2006 Prooerky Tax
Statement/Value Notice
2005 Property Tax
Statement/Value Notice
2064 Property Tax
StatementlValue Notice
Parcel Size .15 Acres
Parcel Width 50.00 Feet
Parcel Depth 132.00 Feet
Land Use Code 520
Land Use Description R- Two Family Dweliing,
Platted �ot
http:llrrinfo.co.ramsey.mn.us/public(chazacteristic(Parcel.pasp?scrn=Dwelling&pin-2929... 11 /24/2007
DEPARTMBNT OF SAFETY AND INSPECTIONS
DickLippert Manager of Cade Enforcement
CTIY OF SAINT PAUL
Christopher B. Caleman, Mayor
Nuisance Building Enfarcement
D�
1600 White Bear Ave N
S¢int Pau1, Iv1N i5106
August 21, 2007
MERS
715 Metropolitan Ave
Oklahoma City OK 73108-2090
Wilford & Geske
7650 Currell Blvd. Ste. 300
Woodbury, MN 55125
Scott & 5andra Potter
858 Burr Street
St. Paul, MN 55130
Order to Abate Nuisance Building(s)
Dear: Mortgage Elec Reg Systems Inc/Co Cit Group
Tel: (65I) 266-1900
Fctt: (65I) 266-Z926
The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
858 Bi7RR ST
and legally described as follows, to wit:
EDMUND RICE'S PIRST ADDITION TO ST. PAUL LOT 7 BLK 3
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 August 07, 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 tune. As
first remedial action, a Code Compliance Inspection must be obtained from the
Building Inspection and Design 5ection, 8 Fourth Street East, Suite 200, Commerce
Building (651)266-9090. That inspection will idenfify specific defects, necessary
repairs and legal 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 Inspecfion and Design Office before any permits are issued, except for a
demolition permdt.
AA-ADA-EEO Employer
August 21, 2007
858 BURR ST
page 2
0 �7�1�-�3
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 tune as a Certificate of Compliance or a
Certificate of Occupancy has been issued.
This is a two-story, wood frame, duplex and retaining wall.
1. T'he exterior wa11s and/or trim of the house and/or garage has defective,
peeled, flaked, scaled or challcing paint or has unpainted wood surfaces.
Scrape and repaint to effect a sound condition in a professional manner.
2. The exterior walls of the house andlor garage are defective. Repair all
holes, breaks, loose or rotting siding, to a professional state of
maintenance.
3. The window and/or door screens are missing, defecrive 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 windows andlor 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.
5. The stairs have missing or defective handrails. Provide all interior and
exterior stairways and steps ofmore that three (3) risers with handrails
which are grippable and installed 34" to 38" above the nose of the stair
treads.
6. The foundation is deteriorated, defecfive 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.
7. The eaves and soffits are in a state of disrepair or deterioration. Repair
all defects, holes, breaks, loose or rotting boazds, to a professional state
of maintenance. Permit may be required.
8. The interior walls aze defective (Visible through windows). Repair a11
wall defects and finish in a professional manner.
9. Lack of basic facilities. Electric and/or gas service shut off.
10. Concrete steps are in disrepair. Repair/replace.
As owner, agent or responsible pariy, you aze hereby notified khat if these deficiencies and
the resulting nuisance condition is not corrected by September 20, 200� the Department
August 21, 2007
858 BTJRR ST
page 3
a�-/aaa
of Safety and Tnspections, 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 fhe property taaces 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
Buildang, (651)266-9090. This inspecrion will identify specific defects, necessary repairs
and legal requirements to correct 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, ar 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
declares it to be a"nuisance condition", subject to demolition and removal by the City.
This placard shall not be removed without the written authoriry of the Depafinent of
Safety and Inspecdons, Division of Code Enforcement. The department is fmther
required to file a copy of this "Order to Abate" with the City Cierk's Office.
If conecfive action is not taken within the rime specified in this order, the Enforcement
Officer will notify the City Council that abatement acrion 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 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 provisions 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 21, 2007
858 BURR ST
page 4
07-/�-2-3
If you have any questions or request additional information please contact Joe
Yannarelly between the hours of 8:00 and 9:30 a.m. at 651-2b6-192�, 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 — Heritage Preservation
o1a60135 6/07
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Date: August 08, 2007
File #: 06 - 272158 � � � � 3
Folder Name: 858 BURR ST
PIN: 292922310106
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Date: August 08, 2007
File #: 06 - 272158
Folder Name: 858 BURR ST
PIN: 292922310106 ��"�a"�" 3
Date: August 08, 2007
Fi3e #: 06 - 272158
Folder Name: 858 BURR ST
PIN: 2929223101a6 v� '��"� 3
Date: August 08, 2007
File #: 06 - 272158
Folder Name: 858 BURR ST
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Date: August 08, 2007
File #: 06 - 272158
Folder Name: 858 BiJRR ST
PIN: 292922310106 Q'�—��'a' 3
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Date: August 08, 2007
File #: 06 - 272158
Folder Name: 858 BURR ST
PIN: 292922310106 � ��� 3
Date: August 08, 2007
File #: 06 - 272158
Foider Name: 858 BI3RR ST
PIN: 292922310106
�,_ -�.� 0 �?�/� a- 3
Date:
File #:
Folder Name:
PIN:
August 08, 2007
06 - 272158
858 BURR ST
292922310106
b7�1��-3
Date: August 08, 2007
File #: 06 - 272158
Folder Name: 858 SURR ST
PIN: 292922310106 ��' �� a' 3
Date: August O8, 2007
File #: 06 - 292158
Folder Name: 858 BURR ST
PIN: 292922310106 ���� �'� 3
Date: August 08, 2007
File #: 06 - 272158
Folder Name: 858 BURR ST
PIN: 292922310106 ����a.�' 3
November 27, 2007 Legislative Hearing Minutes Page 5
6��t�
5. Ordering the owner to remove or repair the building(s) at 858 Burr Street within fifteen (15)
days from adoption of resolution.
Mr. Magner stated the building was a rivo-story, wood frame, duplex on a lot of 6,534 square feet
and had been vacant since November 17, 2006. A code compliance inspection had not been done,
the vacant building registration fees were delinquent in the amount of $625 and the $5,000
performance bond had not been posted. On August 7, 2007, an inspection of the building was done
and a list of deficiencies wlvch constitute a nuisance condition was developed. An order to abate a
nuisance building was posted on August 21, 2007 with a compliance date of September 20, 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 $53,400 and the building to be $149,500. Real estate taxes were current. Code
Enforcement estimates the cost to repair the building to be approximately $40,000 to $50,000. The
cost for demolition was estimated to be approxnnately $11,700 to $15,700. There had also been
five suimiiary abatements issued to this property since 2006, three of which went to wark order. to
secure the building and the City had to board the building to secure it from trespass, remove
improperly stared refuse, and cut tall grass and weeds. Code Enforcement recommends the
building be repaired or removed within 15 days. Mr. Magner stated that the neighbors have
indicated that there are nuxnerous vacant buildings on Burr Street between Case and Whitail that
they wouid like to see demolished. He presented photographs of the property.
Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner stated that a
Code Enforcement inspector referred the property to the Vacant Buildings Program as the property
was condemned because the gas and elechicity were shut off and there were numerous exterior
violations.
The property owner of record, MERS c/o Cit Group, did not appear. No other parties of interest
appeared.
Ms. Moermond recommended the building be removed within fifteen (15) days with no option for
repair.