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07-353Council Fite # Q 3S Green Sheet # � �l�`J� RESOLUTION OF SAINT PAUL, MINNESOTA 30 Presented by 1 WHEREAS, Neighborhood Housing & Property Improvement has requested the Ciry Council to 2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, wood frame duplex located on property hereinafter referred to as the "Subject 4 Property" and commonly Irnown as 1130 MARGARET STREET. This property is legally described as 5 follows, to wit: 7 Legal Desc: A. GOTZIANS RE OF SIGEL'S ADDITION EX SELY 3 41/100 FT LOT 1 BLK 7 9 WHEKEAS, based upon the records in the Ramsey County Recorder's Office and information 10 obtained by Neighbarhood Housing & Property Improvement on or before September 5, 2006, the 11 following are the now known interested or responsible parties for the Subject Property: Idalia N Noud, 12 3037 93� Avenue NE, Blaine, MN 55449; Argent Mortgage Company LLC, 2550 West Golf Road, 13 Rolling Meadows, II. 60008; Dayton's Bluff District 4 Community Council, Mr. Jacob Dorer, 14 President, 988 McLean Avenue, St. Paul, MN 55106 15 16 WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the 17 provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate 18 Nuisance Building(s)" dated January 4, 2007; and 19 20 WHEREAS, this order informed the then known interested or responsible parties that the structure 21 located on the Subject Properiy is a nuisance building(s) pursuant to Chapter 45; and 22 23 WHEREAS, this order informed the interested or responsible parties that they must repair or 24 demolish the structure located on the Subject Property by February 5, 2007; and 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 WAEREAS, 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 & Properry 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 norice 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, Apri13, 2007 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to amend the request to arder 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 rehabilitation or demolition of the structure to be completed O 7-�� 43 within five (5) days after the date of the Council Hearing rather than the fifteen (15) days recommended by 44 the Department; and 45 46 WHEREAS, a hearing was held before the Saint Paul Ciry Council on Wednesday, April 18, 2007 47 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 48 considered by the Council; now therefore 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 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 1130 MARGARET 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 Subj ect 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 Improvement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolurion and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 81 1. The above-referenced interested or responsible parties shall demolish and remove the structure in 82 accordance with all applicable codes and ordinances. The demolition and removal of the structure 83 must be completed within five (5) days after the date of the Council Hearing. 84 85 2. In the event the above-referenced interested or responsible parties doe not demolish and remove the 86 structure within the specified time period, Neighborhood Housing & Property Improvement is 87 hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill 0 7-3s ,3 88 89 90 91 3. 92 93 94 95 96 97 4. 98 99 the site and charge the costs incurred against the Subject Properiy pursuant to the provisions of Chapter 45 of the Saint Paul Legislarive Code. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fixtures of any kind which interfere with the demolirion 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 properiy as provided by law. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Benanav Bostrom ✓ Requested by Department of. Neighborhood Housing and Property Improvement ✓ ✓ Montgomery ✓ Thune ✓ .� o� Adopted by Council: Date � /�'7 Adoption Certified by Council Secietary $ �� a Approved b Date ,i � By: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: -► °� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet '', njH — NeighborLoodHousinefPropeig � 16MAR-07 � Confact Person & Phone: Bob Kessler 286-9013 �` i � Must Be on Council f�qenda by (Date): ; � 18-APR-07 ; Doc. Type: PUBIIC HEARING (RESOLUI E-DOCUment Required: Y Document Contact: Maxine Linston ConUCt Phone: 266-1938 Green Sheet NO: 3037851 � Assign Number For Routing Order ioWl # of Signature Pages _(qip All Lowtions for Signature) 0 Nei¢hborLOOd Housin¢/Propertv 1 aVei¢hbor600dHousin¢/Properly i DeDertmentDirector 2 'C5N AKOmev � � 3 Mavor'sOft'ice Mavor7Assistant I 4 Council I I 5 �ity Clerk I Ciry Clerk Ciry Council to pass this resolurion which will otde� the owner(s) to cemove the cefecenced building(s). If the owner fails to comply with the resolution, Neighborhood Housing & Properiy Improvement is ordered to remove the building. The subject property is located at 1130 Mazgaret Street. �tlations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission t. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/frm ever been a city employee? Yes No 3. Does this person/firm possess a skill not norcnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Probiem, 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 1130 Mazgazet Street by Febrnary 5, 2007, and have failed to comply with those orders. Advantages If Approved: The City 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 property tases. Disadvantages If Not Approved: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. a hm�unc oi $ Transaction: Fundiny source: Nuisance Abatement Financial Informatio�: (Explain) CosURevenue Budgeted: Y AMivity Number: 30251 April '12, 2007 9:08 AM Page 1 O � SUMMARY FOR PUBLIC HEARING 1130 Margaret Street Le�slative Hearing — 7'uesday, 9pri13, 2007 City Council - Wednesday, Apri118, 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 July 13, 2005. The current property owner is Idalia N. Noud, per AMANDA and Ramsey county property and tasation records. The city has had to board this building to secure it from trespass. There have been eleven (11) SUMMARY ABATEMENT NOTICES issued for: - Removal of tall grass and weeds, - Removal of improperly stared refuse - Removal of snow and ice - Secure the building On December 19, 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 BLTILDING was posted on January 4, 2007 with a compliance date of February 5, 2007. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. T'he Vacant Building registration fees are delinquent in the amount of $625.00. Taxation has placed an estimated market value of $40,400 on the land and $155,400 on the building. As of April 2, 2007, a Code Compliance inspection has not been completed. As of Apri12, 2007, the $5,000.00 performance bond not been posted. Real Estate taYes are current. Code Enforcement Officers estunate the cost to repair this shucture is $100,000 to $130,000. The esrimated cost to Demolish is � 10,000 to $12,000. D 7 NHPI, Division of Code Enforcement Resolution subxnitted 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. NEIGHBORHOOD HOUSING AI�TD O � � PROPERTYIMPROVEVIENT Dzck Lippert Manager of Code Enfo�cement CITY OF SAINT PAUL Christopher B. Coieman, Mayor 1600 YVhite Bear Ave N Saint Paul, MA�55106 Mazch 16, 2Q07 NOTICE OF PUBLIC HEARINGS Nuisance Building Enforcement Council President and Members ofthe City Council Tel. (651) 266-l900 Fru. (65Q 266-1926 Neighborhood Housing & Property Improvement, Vacank/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair ar removal of the nuisance building(s) located at: 1130 MARGARET ST The City Council has scheduled the date of these hearings as follows: Legislative Hearing — Tuesday, April 3, 2007 City Council Hearing — Wednesday, April 18, 2007 The owners and responsible parties of record are: Name and Last Known Address Idalia N Noud 3037 93rd Ave NE Blaine MN 55449-6710 Argent Mortgage Company LLC 2550 West Golf Road Rolling Meadows, IL 60008 Dayton's Bluff District 4 Community Council 988 McLean Avenue St. Paul, MN 55106 Attn: 7acob Dorer, President Interest Fee Owner Mortgage Holder District Council Contact ��'�"`"_.^`,` : __ .. � _.:;'�t?" a�f.�,� � s� ��� AA-ADA-EEO Employer 1130 Margaret Street March 16, 2007 Page 2 The legal description of this property is: o7-3s� Legal Desc: A. GOTZI�\S RE OF SIGEL'S ADDTTION EX SELY 3 41/100 F`T LOT 1 BLK 7 Neighborhood Housing & Property Improvement has declared this building(s) to constitute a"nuisance" as defined by Legslarive Code, Chapter 45. Neighborhood Housing & Property Improvement has issued an order to the then lrnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch 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 Neighborhood Housing & Property Improvement to proceed to demolition and removal, and to assess the costs incurred against the reai estate as a special assessment to be collected in the same manner as taxes. Sincerely, Io /i � i Steve Magner VacantBuildingsSupervisor , Neighborhood Housing & Property Improvement SM:mi cc: Frank Berg, Building Inspection and Design Judy Hanson, City Attorneys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division pubhmg60183 NEIGHBORHOOD HOUSING AND Q 7-3� j 3 PROPERTY LvIPROVEMENT _ DickLippert Managero CodeEnforcement CITY OF SATNT PAUL ChristopherB. Coleman, Mayor Nuisance Bvilding Enforcement 1600 White Bear flve N Tel: (651} 266-1900 Saint Paul, MIJ 55106 Fax (651) 266-1926 January 4, 2007 Idalia N Noud 3037 93rd Ave NE Blaine MN 55449-6710 Order to Abate Nuisance Building(s) Deaz : Idalia N Noud The Vacant/Nuisance Buildings Unit, Department of Neighborhood Housing and Property Improvement, hereby declares the premises located at: 1130 MARGARET ST and legally described as follows, to wit: Legal Desc: A. GOTZIANS RE OF SIGEL'S ADDITION EX SELY 3 411100 FT LOT 1 BLK 7 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 December 19, 2006, a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily ail 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 wiIl identify 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 Inspection and Design Office before any permits are issued, except for a demolition permit. This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. AA-ADA-EEO Employer January 4, 2007 1130 MARGARET ST page 2 This is a two-story, wood frame duplex. Exterior � 7 The chimney is defective, deteriorated or in a state of disrepair. Repiace all missing or defective bricks, tuckpoint as needed to restore the chimney to a professional state of maintenance and repair. Permit may be required. 2. The eaves and soffits aze in a state of disrepair or deterioration. Repair all defects, holes, breaks, loose or rotting boards, to a professional state of maintenance. Pemut may be required. Lack of Electricity. Immediately restore electrical service. Failure to provide proper electrical service will result in these premises being declared Unfit for Human 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. 4. 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. 5. The foundation is deteriorated, defective or in a state of disrepair. Repair all foundation defects in a professional manner to a weather-tight, water-fight and rodent-proof condition. Permit may be required. 6. 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. 7. There is evidence of a rodent infestation. Immediately exterminate and eliminate all rodents from the entire building. Remove rodent hazborages in the yard areas. Tuckpoint the foundation if necessary to rodent-proof the building to prevent re-infestation. Immediately remove any dead rodents from the premises. 8. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace the roof covering to a sound, tight and water impervious condirion. Permit may be required. 9. The exterior walls of the house and/or garage are defective. Repair all holes, breaks, loose or rotting siding, to a professional state of maintenance. (Asbestos) 10. STORM DOOR(S): The storm door(s) are in disrepair; repair or replace the door(s). January 4, 2007 D 7—� 1130 M.SRGARET ST page 3 11. Lack of Water Service. Immediately restore water service. Failure to provide water service wiil result in these premises being declazed Unfit far Human Habitation and ordered vacated for lack of this basac 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 taght-fitting and securely fastened to the frames. 13. The windows and/or storm windows are in a state of disrepair. Replace all missing ar broken window glass. Make all necessary repairs to frames, sashes, hazdware and associated trim in a professional manner. Permit may be required. Interior 14. 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. 15. Lacking deadbolt door locks. Provide one-inch throw deadbolt locks for all entry doors to dwelling unit(s). 16. F`[JI2NACE: Have a licensed heating contractor service and clean the furnace 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. 17. G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. outlet. Permit May Be Required. 18. The interior ceilings are defective. Repair all ceiling defects and finish in a professional manner. 19. SANITATION: Inamediately remove improperly stored or accumulated refuse including; garbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, tires, etc., from yard. The Saint Paul Legislative Code requires all exterior property areas to be maintained in a clean and sanitary condition. Usable materials must be stored in an approved manner, so as not to constitute a nuisance. 20. There is mold throughout. 21. There is water damage throughout. 22. The floor is warped. 23. This is a hazardous environment. Januazy 4, 2007 1130 MARGARET ST page 4 24. There are rotted rim joist. 25. There is an uncapped gas line. 26. There is frost build-up on interior side of windows. 07� As owner, agent or responsible pariy, you are hereby notified that if these deficiencies and the resulting nuisance condition is not conected by February 5, 2007 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 wili 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 ar subsequent renters and any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or responsibility for this property, you must wiUun 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 piacard 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 Property Improvement. The department is further required to file a copy of this "Order to Abate" with tl�e 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 befare the City Council at which time testimony will be heard from interested parties. ABer 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 action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the 5aint 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. January 4, 2007 1130 MARGARET ST page 5 0 7 If you have any questions or request additional information please contact Rich Singerhouse between the hours of 8:00 and 9:30 a.m. at 651-266-1945, or you may leave a voice mail message. Sincerely, Steve Ma�er Vacant Buildings Supervisor Neighborhood Housing and Property Improvement cc: Mary Erickson - Council Reseazch Laurie Kaplan - PED Housing ota60135 3/O6 o � �35,3 � � � � a � �` � d /� N � �'1 � W '� o . c` �'. 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(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 July 13, 2005. The vacant building fees in the amount of $625 had not been paid and the �5,000 performance bond had not been posted and a code compliance inspection had not been completed. On December 19, 2Q�6, an inspection of the building was done and a list of deficiencies which consritute a nuisance condition was developed. An order to abate a nuisance building was posted on January 4, 2007 with a compliance date of February 5, 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 $40,400 and the building to be $155,400. Real estate taa�es were current. Code Enforcement estimates the cost to repair the building to be approximately $100,000 to $130,000. 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: to secure the building and the City had to board the building twice to secure it from trespass, remove tall grass and weeds, remove improperly stored refuse and remove snow and ice. 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 all of the summary abatements went to wark order. Ms. Moermond asked how they became aware that this was a vacant building. Mr. Magner stated this was refened to vacant buildings from an inspector that no one was living at the properiy. A complaint was received in May, 2006, that water was pouring out the front door from inside the house. The inspector contacted the Water Department and they shut the water off. He believed this was a case of poor plumbing as generally in a frosUfreeze situation, the pipes would have thawed out to cause this condition prior to May. He had not personally inspected the building, however, it was noted that there was severe deterioration, rot, and black and green mold throughout the entire first floor of the house. It appeared that the plumbing break had occurred in the second floor of the house. Pl�otographs had been taken from the interior of the house, however, there was a problem with the film and the photos did not develop. The property owner of record, Idalia Noud, did not appear. No other parties of interest appeared. Ms. Moermond reviewed the photos of the property and stated that given the condition of the building, she recommended the building be removed within five (5) days with no option for repair.