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07-451AMF NDED — MAY 16. 2007 Council File # � 7 �{J�� Green Sheet # �3� RESOLUTION SAINT PAUL, MINNESOTA Presented by ). WHEREAS, Neighborhood Housing & Property Improvement 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, single family dwelling and the detached, one and one-half, stall garage located on property hereinafter referred to as the "Subject Properiy" and commonly known as 826 STELLAR STREET. This property is legally described as follows, to wit: Legal Desc: LOCKEYS ADDITION TO THE CITY OF ST. PAiJL LOT 24 BLK 4 10 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 11 information obtained by Neighborhood Housing & Property Improvement on or before 12 September 18, 2006, the following are the now known interested or responsible parties for the 13 Subject Property: Dot Jeane Waldon, 1672 Manton Street, St Paul, MN 55106; Dot Jeane 14 Waldon, 946 Conway Street, St Paul, MN 55106; First Union Home Equity Bank, 1000 Louis 15 Rose Place, 2 Floor, Suite B, CharlotYe, NC 28262; Minnesota Deparhnent of Human Services, E['7 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 444 Lafayette Road, St Paul, MN 55155; District 6 Pianning Council, Kerry Antrim, CO, Patty Lammers, Neighborhood Safety Coord., 213 Front Avenue , St Paul, MN 55117 WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an arder identified as an "Order to Abate Nuisance Building(s)" dated February 22, 2007; and WHEREAS, this order informed the then lrnown 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 March 26, 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 WI-IEREAS, 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 accardance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, piace and purpose of the public hearings; and � 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, May 1, 2007 to hear testimony and evidence, and after receiving testunony and evidence, made the recommendarion 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 shucture to be completed within fifteen (15) days after the date of the Council Hearing; and WI-IEREAS, a hearing was held before the Saint Paul City Council on Wednesday, May 16, 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 826 STELLAR STREET. 1. That the Subject Properiy 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 ($5,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies ar to demolish and remove the building(s). 5. � � That the deficiencies causing this nuisance condition have not been corrected. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by Neighborhood Housing & Property Improvement, VacantlNuisance Buildings. That the laiown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 haue been fulfilled. ••� ' The Saint Paul City Council hereby makes the following order: o �-�s� 8$ 86 87 88 89 40 91 92 93 94 95 96 97 98 99 100 101 102 103 The above-referenced interested or responsible parties shall demolish and remove the struchxre in accordance with all applicable codes and ordinances. The demolition and removal of the structure must be completed within fifteea�i after the date of the CounCilHearing.. five (5) 2. In the event the above-referenced interested or responsible parties doe not demolish and remove the structure within the specified time period, 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 buiiding 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 removai 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: Adopted by Council: Date �' � ��(17 Adoprion Certified by Coi il Secret BY� I i� G' Approvedb . ate �yFJJ (� � By: �C Neighborhood Housing and Property Improvement � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: � Gceen Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � 7 -��� NH — Ne;ghborhoodxousing/Property Contact Person & Phone: Bob Kessler 266-9013 Must Be on Council Agenda by (Date): 16-MAY-07 Doc. Type: PUBLIC HEARING (RESOLUI E-Document Required: Y DocumentConWct: MaxineLinston Contact Phone: 2664938 73APR-07 � Assign Number For Routing Order Green Sheet NO: 3038720 0 3�'ei2hborhood Houvn¢/ProperN I 1 � eiehborLoodHonsine/Prooertv DeparhnentD'uector � 2 ,�Attorney � 3 ayor's Offic¢ MavorlASSistant 4 ounc� i 5 ,CSty Cferk CiN G7erk Tofal # of Signature Pages _(Clip All Locations for Signature) City Council to pass this resolution which will order the owner(s) to remove the ceferenced building(s). If the owner fails to comply with the resolution, Neighborhood Housing & Properry Improvement is ordered to remove the building. The subject property is located at 826 Stellaz Street. itlatlons: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm everworked under a contract for thts department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and atWch 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 owneis, interested parties and responsible parties known to the Enforcement Officer were given an order to . repair or remove the building at 826 Stellar Street by Mazch 26, 2007, and have failed to comply with those orders. AdvanWges If Approved: The Ciry will elimivate a nuisanoe. DisadvanWges If Approved: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the proper[y tases. Disadvantages If Not Approved: A nuisance condition will remain unabated in the City. This building(s) will conrinue to blight Uae community. �� Transaction: $1 Q000 Cost/Revenue Budgeted: y Funding source: Nuisance Housing Abatement nctivity Number: 30251 Financial I nformation: (Explain) May 3, 2007 1:57 PM Page 1 o�-�s< SUlVIMARY FOR PUBLIC HEARING 826 Stellar Street Lea slarive Hearing — Tuesday, May 1, 2007 City Council - Wednesday, May lb, 2007 The building is a two-story, wood frame, single family dwelling on a lot of 4,356square feet. According to our files, it has been a vacant building since February 9, 2006. The current property owner is Dot Jeane Waldon, 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 seven (7) SiJMMARY ABATEMENT NOTICES issued for: - Removal of tall grass and weeds, - Removal of improperly stared refuse - Removal of snow and ice - 5ecure the building On February 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 NiJISANCE BiJILDING was posted on February 22, 2007 with a compliance date of March 26, 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 $375.00. Taxation has placed an estimated market value of $52,700 on the land and $88,900 on the building. As of Apri126, 2007, a Code Compliance inspection has not been completed. As of Apri126, 2007, the �5,000.00 performance bond not been posted. Real Estate tases for the year 2004 is delinquent in the amount of $3,119.62 plus penalty and interest. Code Enforcement Officers estimate the cost to repair this shucture is $50,000 to $60,000. The estimated cost to Demolish is $8,000 to $10,000. o �-ys� NHPI, Division of Code Enforcement Resolurion submitted for consideration orders the property owner to repair or remove this structure within fifteen (15) days, i£not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. NEIGHBORHOOD HOUSING AND PROPERTYIMPROVEMENT � 7 — �SI DickLippert ManagerofCadeEnforcement Nuisance Bv.ilcfing Enforceraent CITY OF S�TT PAUL ChristopherB Coleman,Mayor April 13, 2007 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council ; . r �. �:. .' (1 x. 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 826 STELLAR ST The City Council has scheduled the date of these hearings as follows: Legislative Hearing — Tuesday, May 1, 2007 City Council Hearing — Wednesday, May 16, 2007 The owners and responsible parties of record are: Name and Last Known Address Dot Jeane Waldon 1672 Manton St St Paul M1V 55106-1220 Dot 7eane Waldon 946 Conway Street St Paul, MN 55106 First Union Home Equity Bank 1000 Louis Rose Place 2" Floor, Suite B Charlotte, NC 28262 Minnesota Department of Human Services 444 Lafayette Road St Paul, NIN 55155 1600 Whrte Bea� Ave N Satnt Paul, MN 55106 Interest Fee Owner Fee Owner (alt Address) Mortgage Holder Lien Holder Tel (651) 266-1900 Fax: (651) 266-1926 ��• "rt°o r;r__ r+,,,-. ^,� AA-ADA-EEO Employer Name and Last Known Address Interest � 7— t�s� District 6 Planning Council District Council Kerry Antrim , CO Patty Lammers, Neighborhood Safety Coord. 213 Front Avenue St Paul, VIN SSll7 The legal description of this property is: Legal Desc: LOCKEYS ADDITION TO THE CITY OF ST. PAUL LOT 24 BLK 4 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 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 tlus 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 real estate as a special assessment to be collected in Yhe same manner as taxes. Sincerely, �r , , i i Steve Magner Vacant Buildings Supervisor 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-Aousing Division pubhmg60183 NEIGHBORHOOD HOUSING AND PROPERTY IIvIPROVEMENT O7—t�s", Dick Lzpperi, Manager of Code Enforcement CTTY OF SAINT PAUL Christopher B. Coleman, Mayor Nuisance Building Enfarcement 1600 White Bear Ave N Tel: (6� I) 266-1900 SaintPaul,MN55106 F¢z: (651)266-I926 February 22, 2007 Aot Jeane Waldon Dot Jeane Waldon 1672 Manton St 946 Conway Street St Paul MN 55106-1220 St. Paul, MN 55106 Order to Abate Nuisance Building(s) Deaz : Dot Jeane Waldon The VacanUNuisance Buildings Unit, Department of Neighborhood Housing and ProperTy Improvement, hereby declares the premises located at: 826 STELLAR ST and legally described as follows, to wit: Legal Desc: LOCKEYS ADDITION TO THE CITY OF ST. PAUL LOT 24 BLK 4 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 February 08, 2007, a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily all the deficiencies present at this time. As first remedial action, a Code Compliance Inspection must be obtained from the Building Inspection and Design Section, 8 Fourth Street East, Suite 200, Commerce Building (651)266-9090. That inspection will identify speciFic defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a five thousand dollar ($5,000.00) performance bond with the Building Inspection and Design OfCce 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. This is a two-story, wood frame, single family dwelling with a detached, one and one-half garage. AA-ADA-EEO Employer February 22, 2007 826 Stellar Street Page 2 Exterior o7-�s/ 1. The chinuiey 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. 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 exterior walls and/ar trim of the 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 roof is deteriorated, defective, or in a state of disrepair. Repair or replace the roof covering to a sound, tight and water impervious condition. Permit may be required. 6. The windows and/or storm windows are in a state of disrepair. Replace all missing or broken window glass. Make all necessary repairs to frames, sashes, hardwaze and associated trim in a professional manner. Permit may be required. Interior 1. The bathroom floor covering is deteriorated or inadequate. Provide floor covering wluch is impervious to water and easily cleanable throughout the bathroom and seal around the edges and fixtures. 2. 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. 3. 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. February 22, 2007 826 Stellaz Street Page 3 d �-�sf 4. FLTRNACE: Have a licensed heating contractor service and clean the fiunace 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. 5. 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 facality. 6. G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. outlet. Pemut May Be Required. 7. There are missing or defective guardrails. Provide all stairways, porches, decks or steps which are more than 30" high with guardrails and interxnediate rails with openings in the guardrail no more than four (4) inches apart and in accordance with the State Building Code. 8. The interior ceilings are defective. Repair all ceiling defects and finish in a professional manner. 9. The interior walls are defective. Repair all wall defects and finish in a professional manner. 10. Lack of basic facilities. Electric and/or gas service shut off. 11. There is evidence of a rodent infestation. Immediately exterminate and eliminate all rodents from the entire building. Remove rodent harborages in the yard areas. Tuckpoant the foundation if necessary to rodent-proof the building to prevent re-infestation. Immediately remove any dead rodents from the premises. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by March 26, 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 will be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compiiance Inspection Report must be obtained from the Building Inspection and Design Secrion, 8 Fourth Street, Suite #200, Commerce Building, (651)266-9090. This inspection will identify specific defects, necessary repairs and legal requirements to conect this nuisance condition. AA-ADA-EEO Employer February 22, 2007 826 STELLAR ST page 4 � 7 �s� As an owner or zesponsible party, you are required by law to provide full and complete disclosure of this "Order to Abate" to all interested parties, ali present or subsequent renters and any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or responsjbility 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'huisance 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 deparhnent is further required to file a copy of this "Order to Abate" with the City Clerk's Office. If corrective action is not taken within the time specified in this order, the 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. After 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 Ciry 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. If you have any questions or request additional information please contact Mike Kalis between the hours of 8:00 and 930 a.m. at 651-266-1929, or you may leave a voice mail message. Sincerely, Steve Magner Vacant Buildings Supervisor Neigt�borhood Housing and Property Improvement cc: Mary Erickson - Council Research Laurie Kaplan - PED Housing ota60135 3/06 -� � 0 � r� � � � �o n � ��d � � � d � w -� � ° � � ° � rn ro c� � � . 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(NHPn Mr. Magner stated the building was a two-story, wood frame, single-family dwelling on a lot of 4,356 squaze feet and had been vacant since February 9, 2006. The vacant building fees in the amount of $375 had not been paid, the $5,000 perforxnance bond had not been posted and a code compliance inspection had not been completed. On February 7, 2007, an inspection of the building was done and a list of deficiencies which constitute a nuisance condition was developed. An order to abate a nuisance building was posted on February 22, 2007 with a compliance date of Mazch, 2007. To date, the properiy remains in a condition which comprises a nuisance as defined by the Legislative Code. Ramsey County Taacation has estimated the market value of the land to be approximately $52,700 and the building to be $88,900. Real estate taYes for 2004 were delinquent in the amount of $3,119.62 plus penalty and interest. Code Enfarcement estimates the cost to repair the building to be approximately $50,000 to $60,000. The cost for demolition was estimated to be approximately $5,000 to $10,000. There had also been seven suimnary abatements issued to this property: to secure the building and the City had to board the building to secure it from trespass, remove tall grass and weeds, remove snow and ice and to remove unproperly stored refuse. Mr. Magner stated that all notices to the property owner, Dot 7eane Waldon, had been retumed as deceased. He had contacted Ms. Waldon's daughter and she indicated to him that she wanted nothing to do with the property as there was no equity in the home. He also stated that there had been no communication from the mortgage company. Code Enforcement recommends the building be demolished within 15 days. Mr. Magner presented photographs of the property. Ms. Moermond questioned whether any of the summary abatements had gone to work arder. Mr. Magner reviewed the file and stated all of the suimnary abatements went to work order. Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner stated the property was inspected and it was found that the gas and electric l�ad been shut of£ It was his opinion that there were major problems with the site due to poor soil condition. This building just happened to be located in the lowest point in the area and water from the alley pooled around the house. As a result, the foundation was cracked and water had infilirated the basement. He believed the best use for the property would be green space and suggested it would be a great place to plant a vegetable garden. No parties of interest appeared. Ms. Moermond reviewed the photographs and requested Mr. Magner provide a photo view of the property from the street. Ms. Moermond recommended the building be removed within fifteen (15) days with no option for repair.