07-230AMENDED 3/07/07
RESOLUTION
Council File #�
Green Sheet # 3036315
1 WHEREAS, Neighbarhood 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 duplex located on property hereinafter
4 referred to as the "Subject Properiy" and commonly known as 67 JESSAMINE AVE W. This
5 property is legally described as follows, to wit:
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Legal Desc: STINSON'S RICE STREET ADDITION TO THE CITY OF ST. PAUL, MINN.
SUBJ TO MtJTUAL ESMT PART OF LOT 18 E OF FOL L BEG ON S L OF AND 26 FT E
OF SW COR OF SD LOT 18 TH N PAR TO W L OF SD LOT 85 FT TH NWLY TO PT 18 FT
SOFNLAND20FTEOFWLOFSDLOTTHNPARTOSDWLTONLOFSDLOTI8
AND W 1/2 OF LOT 19 BLK 5
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Neighborhood Housing & Property Improvement on or before July 31,
2006, the following are the now known interested or responsible parties for the Subject Property:
John and Merrie Kisch, 510 115` Ave NW, Coon Rapids MN 55448-2303; Fremont Investment
and Loan, PO Box 25100, Santa Ana, CA 92799; MERS, P.O. Box 2026, Flint, MI 48501-2026
WHEREAS, Neighborhood Housing & Property 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 December 4, 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 Subj ect Property by January 8, 2007; and
WHEREAS, the enforcement officer has posted a placazd on the Subject Property
declaring this building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condirion 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 before the Legislative Hearing Officer of the Saint Paul
City Council on Tuesday, February 20, 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
ys
CITY OF SAINT PAUL, MINNESOTA
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public peace, health, safety and welfare and remove its blighting influence on the community b3�
rehabi�itatix�-t�iissfrnettne-irrac,�crordane�a*itlrai}-��rliea}rlert,�a�es�ore}inanees,-cmrrtise
adEer�iaH�e by demolishing and removing the structure in accordance with all applicable codes
and ordinances. The ��1� demolition of the structure to be completed within fifteen
(15) days after the date of the Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
March 7, 2007 and the testunony 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 67 JESSAMINE AVE W.
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 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.
That this building has been routinely monitored by Neighborhood Housing &
Property Ixnprovement, Vacant/Nuisance Buildings.
8. That the lrnown interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
� '71 '
The Saint Paul City Council hereby makes the following order:
O 7 �30
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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 hg�gl�ak�i�i�at�xa�k�s-st�sl�t�g�-co���r�ga�l
c�e#'�eieneies Rs-prc,se - ,�ara���refereix,�Orderto�ate�Fttisar�ee�trii�i�rg{s}in
accrordxrteevwitlrai�appiieabiew�odcs�-are�inaneesvrirrthc-aiterrta�e by demolishing
and removing the slructure in accordance with all applicable codes and ordinances. The
--'-°'-=".�� demolition and removal of the structure must be completed within
�€teea{33j days after the date of the Council Hearing.
five (5)
If the above corrective action is not completed within this period of time Neighborhood
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 Subject 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 Depariment of:
Neighborhood Housing and Property Improvement
y�� � f/
Adoprion Certified by Council Secretary
BY ��/lSd�
Approved by Ma Da �(
By:
Fo pp oved by Ci��SttS�ey
By��?� ��'..
. .,
Forin Appr v by ay r for b'ssio to Council
By:
Adopted by Council: Date �jy� � 01���/
� Green Sheet Green Sheet Green
Green Sheet Green Sheet Green Sheet �
07 �30
nJFj — NeighborhoodHousing/Property � 13JAN-07
Contact Person & Phone:
Bob Kessler
266-1927
Must Be on Council Aqen
Doc. Type: PUBLIC HEARING (RESOLUI
E-Document Requiretl: Y
Document Contact: Maxine Linston
Contact Phone: 266-1938
�
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3036315
0 e' hborhood Housiu ro e /� /� //
1 e" hborhood Housin ro ertv De ariment D'uector � � ��O� v 1
2 iN Attornev '
3 avor's OfBce Ma or/ASSistant
4 ouncil
5 ' Clerk CStv Clerk
Action Requested:
City Council to pass this resolution wlilch will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with [he resolution, Neighborhood Housing & Proper[y Improvement is ordered to remove the building. The subject
property is located at 67 Jessamine Avenue West.
iaanons: npprove �H� or K
Planning Commission
CIB Committee
Civil Service Commission
1 Has this person/firtn 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 alI yes answers on separate sheet and attach to green sheef
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 Pau1
Legislative Code. The owners, in[erested parties and responsible parties known to the Enforcement Officer were given an order to
repair or zemove the building at 67 Jessamine Avenue West by January 8, 2007, and have failed to comply with those orders.
Advantages If Approved:
The City will eliminate a nuisance.
Disadvantages If Approved:
The Ciry will spend funds to wreck and remove [his building(s).
assessment against the property tases.
::��s�i 3 v 2Qd7
These wsts will be assessed to the properiy, collected as a special
Disadvanteges If Not Approved;
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the communiTy.
Trensaction: $10,000 CosURevenue Budgeted: y
Fundiny source: Nuisance Housing Abatement ActrvitY Number: 30251
Financial Information: �
(Explain)
RECEIV€D
JAN 3 1 2007
MAYOR'S OFFICE
January 19, 2007 10:07 AM Page 1
1
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�IEIGHBORHOOD HOUSING AND
PROPERTY L�ROVEMENT
Dzck Ltppert Manager of Code Enforcement
CITY OF SAII�1T PAUL
ChristopherB. Caleman, Mayor
Nuisance Building Enfarcement
1600 White Bear Ave N Tel: (651) 266-1900
Saint Paul, MN i5106 Fax: (651) 266-1926
January 19, 2007
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Neighborhood Housing & Property Improvement , 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:
67 JESSAMINE AVE W
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing — Tuesday, February 20, 2007
City Council Hearing — Wednesday, March 7, 2007
The owners and responsible parties of record are:
Name and Last Known Address
John Kisch/Merrie Kisch
51� 115th Ave Nw
Coon Rapids MN 55448-2303
Fremont Investment and Loan
PO Box 25100
Santa Ana, CA 92799
MERS
P.O. Box 2026
Flint, MI 48501-2026
a� ����'': �-:.,'�,r
���� � � ����
Interest
Fee Owner
Mortgage Holder
Mortgage Holder
AA-ADA-EEO Employer
D 7-�3 D
67 Jessamine Avenue West
January 19, 2007
Page 2
The legal description of this property is:
Legal Desr. STINSOA"S RICE STREET ADDITION TO THE CITY OF ST. PAUL,
MINN. SUBJ TO MUTUAL ESMT PART OF LOT 18 E OF FOL L BEG ON S L
OF AND 26 FT E OF SW COR OF SD LOT 18 TH N PAR TO W L OF SD LOT 85
FTTHNWLYTOPTI8FTSOFNLAND20FTEOFWLOFSDLOTTHN
PAR TO SD W L TO N L OF SD LOT 18 AND W 1/2 OF LOT 19 BLK 5
Neighborhood Housing & Property Improvement has declared this building(s) to
constitute a"nuisance" as defined by Legislative Code, Chapter 45. Neighborhood
Housing & Property Improvement has issued an order to the then known responsible
parties to eliminate tlus nuisance condition by correcting the deficiencies or by razing and
removing this building(s).
Tnasmuch as this Order to Abate has not been complied with the nuisance condition
remains unabated, the community continues to suffer the blighting influence of this
property. It is the recommendation of the Neighborhood Housing & Property
Improvement 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 Neighbarhood Housing & Property Improvement 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,
1✓
� �� ,.
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing & Property Tmprovement
SM:mI
cc: Frank Berg, Building Inspection and Design
Judy Hanson, City Attorneys Office
MazyErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
pubhmg60183
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SUlYIMARY FOR PUBLIC HEARING
67 Jessamine Avenue West
Legislative Hearing — Tuesday, February 2�, 2Q07
Ciry Council - Wednesday, March 7, 2007
The building is a two-story, wood frame, duplex on a lot of 4,792 square feet.
According to our files, it has been a vacant building since Apri14, 2006.
The current property owners are John and Merrie Kitsch, per AMANDA and Ramsey county
property and taxation records.
The city has had to board this building to secure it from trespass.
There have been six (6) SIJMMARY ABATEMENT NOTICES issued for:
- Removal of tall grass and weeds,
- Removal of improperly stored refuse
- 5ecure the building
- Graffiti
On November 14, 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 N[JISANCE BLTILDING was posted on December 4, 2006 with a compliance date of
January 8, 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 $250.00.
Tasation has placed an estnnated market value of $53,900 on the land and $166,700 on the
building.
As of February 16, 2007, a Code Compliance inspection has not been completed.
As of February 16, 2007, the $5,000.00 performance bond not been posted.
Real Estate taaces are current.
Code Enforcement Officers estimate the cost to repair this structure is $70,000 to $75,000. The
estimated cost to Demolish is $8,QOQ to $10,000.
o� � 30
NHPI, 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.
NEIGHBORHOODHOtiSINGAND D/ ��D
PROPERTY IIviPROVEMENT
Dick Lippert, Manager oJCode Enforcement
CITY OF SAINT PAUL
Christopher B. Coleman, Mayor
Nuis¢nce Building Enforcement
December 4, 2Q06
Fremont Investment & Loan
P.O. Box 25100
Santa Ana, CA 92799
1600 White Bear Ave N Tei: (651) 266-1900
SaintPaul, MN55106 Fax: (6i1) 266-I926
Order to Abate Nuisance Building(s)
Dear : Sir or Madam
The Vacant/Nuisance Buildings Unit, Department of Neighborhood Housing and
Property Improvement, hereby declares the premises located at:
67 JESSANTINE AVE W
and legally described as follows, to wit:
Legal Desc: STINSON'S RICE STREET ADDITION TO THE CITY OF ST.
PAUL, MINN. SUBJ TO MLTTUAL ESMT PART OF LOT 18 E OF FOL L BEG
ONSLOFAND26FTEOFSWCOROFSDLOTI8THNPARTOWLOF
SDLOT85FTTHNWLYTOPTIBFTSOFNLAND20FTEOFWLOF
SD LOT TH N PAR TO SD W L TO N L OF SD LOT 18 AND W ll2 OF LOT
19 BLK 5
to comprise a nuisance condition in violation of the Saint Paul Legislative Code,
Chapter 45.02, and subject to demolition ander authority of Chapter 4511.
On November 14, 2006, a Building Deficiency Inspection Report was compiled and the
following conditions were observed.
This list of deficiencies is not necessarily alt 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 legai requirements to correct this nuisance condition. You may also be
required to post a�ve thousand doilar ($5,000.00) performance bond with the
BuiIding Inspection and Design Office before any permits are issued, except for a
demolition permit.
AA-ADA-EEO Employer
December B, 2006
67 JESSAMINE AVE W
page 2
�>o13U
This building(s) is subject to the resh 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.
Interior — Unit 1 & 2
1. Due to the number of deficiencies, a Code Compliance Inspection will be required before
a Placard Lift will be issued.
2. The bathroom floor covering is deteriorated or inadequate. Provide floor covering which
is impervious to water and easily cleanable throughout the bathroom and seal around the
edges and fixtures.
3. The chimney is defective, deteriorated or in a state of disrepair. Replace all missing or
defecrive bricks, tuckpoint as needed to restore the chimney to a professional state of
maintenance and repair. Permit may be required.
4. Lacking deadbolt door locks. Provide one-inch throw deadbolt locks for all entry doors to
dwelling unit(s).
5. Lack of Electricity. Immediately restore electrical service. Failure to provide proper
electrical service will result in these premises being declared Unfit for Huxnan Habitation
and ordered vacated for lack of this basic facility. Use of candles, fuel operated lighting
or extension cord wiring is not permitted while the power is off.
6. FLJRNACE: Have a licensed heating contractor service and clean the fumace or boiler and
make any necessary repairs. Perform a C/O test on the heating plant. Then, send the
attached form back to the Inspector. Repair of gas fired appliances requires a permit.
The foundation is deteriorated, defective or in a state o£ disrepair. Repair ail foundation
defects in a professional manner to a weather-tight, water-tight and rodent-proof
condition. Pernut may be required.
8. Lack of Natural Gas Service. Immediately restore natural gas service. Failure to provide
natural gas service will result in these premises being declared Unfit for Human
Habitation and ordered vacated for lack of this basic facility.
9. There are missing or defective guardrails. Provide all stairways, porches, decks or steps
which aze more than 30" high with guardrails and intermediate rails with openings in the
guazdraii no more than four (4) inches apart and in accordance with the State Building
Code.
10. There is evidence of a rodent infestation. Iznmediately exterminate and eliminate all
rodents from the entire building. Remove rodent harborages in the yard areas. Tuckpoint
December 4, 2006
67 JESSAMINE AVE W
page 3
O 7 �30
the foundation if necessary to rodent-proof the building to prevent re-infestation.
Immediately remove any dead rodents from the premises.
11. Lack of Water Service. Immediately restore water service. Failuze to provide water
service will result in these premises being declazed Unfit for Human Habitation and
ordered vacated for lack of this basic facility.
12. The window and/or door 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.
13. Xcel Energy has reported that electric and/or gas service has been terminated.
Immediately restore service. Failure to provide proper gas/electric service will result in
these premises being declared Unfit for Human Habitation and ordered vacated for lack of
basic facilities. Use of candles, fuel operated lighting/generator or extension cord wiring
is not permitted while power is of£ If unit is vacant notifv inspector.
Interior
Due to the number of defaciencies, a Code Compliance Inspecrion will be required before
a Placazd Lift wi11 be issued.
2. 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
3. The exterior walls and/or 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 professional manner.
4. 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.
5. 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 of
maintenance and repair. Permit may be required.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and
the resulting nuisance condition is not corrected by January 9, 2007, Neighborhood
Housing and Property Improvement, Aivision 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 taYes as a special assessment in accordance with law.
December 4, 2006
67 JESSAMINE AVE W
page 4
0 7 �30
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 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 ar 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 placazd on this property which
declares it to be a"nuisance condition", subject to demolition and removal by the City.
This placazd shall not be removed without the written authority of the Department of
Neighborhood Housing and Property 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 Enfarcement
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. ABer this hearing the City Councii 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.
December 4, 20Q6
67 JESSAMIlVE AVE W
page 5
� 7-�3�
If you have any questions or request additional information please contact Mike Kalis
between the hours of 8:Q0 and 9:3Q a.m. at 651-266-1929, or you may leave a voice mail
message.
Sincerely,
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing and Property Improvement
cc: Mary Erickson - Council Research
Laurie Kaplan - PED Housing
ota60135 3/06
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February 20, 2007 Legislative Hearing Minutes Page 6
6. Ordering the owner to remove or repair the building(s) at 67 Jessamine Avenue West
within fifteen (15) days from adoption of resolurion. (NIIPI)
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 Apri14, 2006. The vacant building fees in the amount of $250
had not been paid, a code compliance inspection had not been done and the $5,000 performance
bond had not been posted. On November 14, 2006, 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 December 4, 2006 with a compliance date of January 8, 2007.
To date, the owner had done nothing to abate this nuisance. Ramsey County Taxation has
estimated the market value of the land to be approximately $53,900 and the building to be
$166,700. Real estate taYes were current. Code Enforcement estimates the cost to repair the
building to be approximately $70,000 to $75,000. The cost for demolition was estimated to be
approximately $8,000 to $10,000. There had also been six suminary abatements issued to this
property: to secure the building, which the City had to board the building from trespass, remove
tall grass and weeds, remove improperly stored refixse and remove graffiti. Code Enforcement
recommends the building be demolished within 15 days.
Ms. Moermond questioned whether any of the summary abatements had gone to work order.
Mr. Magner reviewed the file and stated it appeared all of the summary abatements went to work
order.
Ms. Antrim referenced her letter for the record from District 6 outlining the neighborhoods
desire to have this property, along with 67 Jessamine and 1102 Sylvan, demolished. Ms.
Moermond also referenced the letter presented from the Tri Area Block Club as well as letters
from 11 neighbars, some of whom wished to remain anonymous, for the record. (See detail
under 1102 Sylvan Street)
The property owners of record, John and Menie Kitsch, did not appear.
Ms. Moermond reviewed the photos of the property and stated it would be her recommendation
to remove the building within 15 days with no option for repair.
,,--� _ a 3�
J
Please see letters and documents under item 44, C.F. 07-229, which are
included as a part of this record.