Loading...
07-508CITY Presented by coun�� Fne # 0 7 ���' Green Sheet # 3039152 RESOLUTION 9�,1�'T Pf�UL, MINNESOTA SS 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 duplex and the detached, two-stall, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly known as 1126 EDGERTON ST. This property is legally described as follows, to wit: Legal Desc: JOS. R. WEIDE'S 4TH ADDITION TO ST. PAIJL LOTS 12 AND LOT 13 BLK 2 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: Esther Ondabu, 8216 Hampshire Ct N, Brooklyn Park, MN 55445; Peterson, 14 Fram & Bergman, P.A., Suite 300- 50 East Fifth Street, St. Paul, MN 55101; MERS / 15 CO Chase Home Finance LLC, 10790 Rancho Bemardo Rd., San Diego, CA 92127-5705; Payne 16 Phalen District 5 Planning Council, d5-directorCa�visi.com 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 February 22, 2007; and WHEREAS, this order informed the then known interested or responsible parties fliat 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 WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing & Property Improvement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, May 15, 2007 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating o7 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 85 86 87 this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WF�REAS, a hearing was held before the Saint Paul City Council on Wednesday, June 6, 2007 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 1126 EDGERTON ST. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed five thousand dollars ($5,000.00). That there now exists and has existed multiple Housing 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 de£iciencies causing this nuisance condition have not been corrected. 6. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by Neighborhood Housing & Property Improvement, Vacant/Nuisance Buildings. 8. 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. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subj ect Property safe and not detrimental to the public peace, health, safety and welfare and remove its D7 as 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 2. 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 chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code Requested by Department of: Neighborhood Housing and Property Improvement Adopted by Council: Date �/� /�� � �`T Adoption Certified by Council Secretary By: Approved by M� D� 7� By: /����_� o7-�a � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet NH - NeighborhaodHousing/Property Contact Person 8 Phone: Bob Kessler 266-90'13 Must Be on Council {\qenda by (Date): 06JUN-07 Doa Type: PUBLIC HEARWG (RESOLUI E-Document Required: Y Document Contact: Maxine Linston Contact Phone: 266-1938 27-APR-07 y Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3039152 0 e' hborhood Hous�n o 1 e" hborhoodHousin e De rtmentDirector �`�' 2 ' At[oroev C__ /S7-O� 7 -�_. 3 a or's Office Ma or/ASSistant 4 ounc� 5 'N Clerk Citv Clerk City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject properiy is located at 1126 Edgerton Street. loanons: Approve (A) or K 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 persoNfirm 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, 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 [he 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 1126 Edgerton Street by March 26, 2007, and have failed to comply with those orders. Advantages If Approved: The City will eliminate a nuisance. Disadvantages It Approved: The City will spend funds to wreck and remove this building(s). assessment against the property ta�ces. MAY � 8 2007 These costs will be assessed to the property, collected as a special Disadvantages If Not Approved: A nuisance condition will remain unabated in the Ciry. This building(s) will continue to blight the community. �� �� � ����� • Trensaction: $�1,000 CosNRevenueBudgeted:y Fundiny source: Nuisance Housing Abatement Actrv�tY Number: 30251 Financial Information: (Explain) � Eh �' v r' ���a i �����Y .�a���� April 27, 2007 1021 AM Page 1 07 SUMMARY FOR PUBLIC HEARING 1126 Edgerton Street Legislative Hearing - T�esday, May 15, 2007 City Council - Wednesday, June 6, 2007 The building is a two-story, wood frame, duplex on a lot of 2,614 square feet. Accarding to our files, it has been a vacant building since September 6, 2006. The current property owner is Esther Ondabu, 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 four (4) SUMMARY ABATEMENT NOTICES issued for: - Removal of tall grass and weeds, - Removal of improperly stored refuse - Removal of snow and ice - Secure the building On February 21, 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 BUILDING was posted on February 22, 2Q07 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 amommt of $250.00. Taxation has placed an estimated market value of $50,000 on the land and $100,000 on the building. As of May 11, 2007, a Code Compliance inspection has not been completed. As of May 11, 2007, the $5,000.00 performance bond has not been posted. Real Estate taxes are current. Code EnforcemenT Officers estimate the cost to repair this structure is $80,000 to $90,000. The estunated cost to Demolish is $10,000 to $11,000. NHPI, Division of Code Enforcement Resolution submitted 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 AND D7'J PROPERTY IIvIPROVEMENT Dick Lippert M anager of Code Enfm CITY OF SAINT PAUL Christopher B. Caleman, Mayor Nu�sance Building Enforcement 1600 White Bear Ave Ar Tel. (651) 2b6-1900 Saint Paul, M.�V S.5l06 Fax: (6i1/ 266-1926 February 22, 2007 Esther Ondabu 8216 Hatnpshire Ct N Brooklyn Pazk MN 55445-2539 Order to Abate Nuisance Building(s) Dear : Esther Ondabu The Vacant/Nuisance Buildings Unit, Department of Neighborhood Housing and Property Improvement, hereby declares the premises located at: 1126 EDGERTON ST and legally described as follows, to wit: Legal Desc: JOS. R. WEIDE'S 4TH ADDITION TO ST. PAUL LOTS 12 AND LOT 13 BLK 2 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 21, 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 acfion, a Code Compliance Inspection must be obtained from the Building Inspection and Design Section, 8 Fourth Street East, Suite Z00, 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 Of�ce 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 February 22, 2007 1126 EDGERTON ST pa�e 2 o� �dg This is a two-story, wood frame, duplex with a detached, two-stall, wood frame garage. Exterior The exterior walls of the house andlor gazage are defective. Repair all holes, breaks, loose or rotting siding to a professional state of maintenance. 2. 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. Interior The bathroom floor covering is deteriorated ar inadequate. Provide floor covering which is impervious to water and easily cleanable throughout the bathroom and seal around the edges and fixtures. 4. Lack of Elech Iminediately 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. 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. FITRNACE: 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 percnit. 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. The interior ceilings are defective. Repair all ceiling defects and finish in a professional manner. 8. The interior walls are defective. Repair all wall defects and finish in a professional manner. 9. The kitchen floor covering is deteriorated or inadequate. Provide floor coverina which is impervious to water and easily cleanable throughout the kitchen and seal around the edges and fixtures. 10. Lack of Water Service. Immediately restore water service. Failure to provide water service will result in these premises being declared Unfit for Human Habitation and ordered vacated for lack of this basic facility. Febmary 22, 2007 1126 EDGERT02Q ST page 3 07 11. The windows and/or storm windows ate in a state of disrepair. Replace all missin� or broken window �lass. Make all necessary repairs to frames, sashes, hazdware and associated trim in a professional manner. Permit may be required. Due to severe water damage there is a build-up of frost and ice throutrhout ceilin�s, walls and floors. The copper water pipes have been stolen. 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 t�es 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 Desib 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 aze required by law to provide fuil 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, or convey in any manner, the ownership or responsibility for this property, you must within seven (7) days, notify the Enforcement Officer with the names and addresses of any new owners or responsible parties. The Enforcement Officer is required by law to post a placard on this property which declares it to be a"nuisance condition", subj ect to demolition and removal by the City. This placard shall not be removed without the written authority of the Depariment of Neighborhood Housing and Property Improvement. The department 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 Enforcement Officer will notify the City Council that abatement action is necessary. The City Cierk 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. February 22, 2007 1126 EDGERTON ST page 4 07-�0�3 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 6�1-266-1945, or you may leave a voice mail message. Sincerely, ,StC'UZ �Kd�fZCf' Steve Ma�er Vacant Buildings Supervisor Neighborhood Housing and Property Improvement SM:ml cc: Mary Erickson - Council Research Laurie Kaplan - PED Housing ota60135 3/06 � z 0 � �a � a w � N � � ]- ( � 0 O � N O � O N N b N � '. .� � � � ti d ro b h � d > o �� F 0-0 � M � � C N N � x -- � � � � � r o , N v � Y `= U :: d ;� � F d �� C r c N N N F+ f. !'y <z �� ,. U 1=1 :- 00""' � H � � � p �� .'� F " A � �U� °a�' U ��� dW U �5� x � �� 0 0 M � C O O � 0 � N � 0 F�P � v�� a�z d U�� r 0 � F � �dW N �" � � 0 Q F � v G � � E'" v� aQ � � 3 O � z� � � s��. � � � � �� O � ,�, 3 � i � v O � � O � v� N r" V I W o� W c o °°�o O O � .�' r r 0 � N 7 O r+�" o � o C M bp ei .� � � N � � � O � � � h � ��� a�� w" w " u; � � N O � � 4 � � � � � � � O a. a �., ci� w 0 7-s'o8 r r 0 0 o � a O O � � L`* r 0 r N 7 O r r 0 0 • o � a O O - o �n U cG o i �- -o `n � � r .- ro � N ti .'_. � � � w oa � O � � " o � ° m � � � � � � � o Q� � O � O � U va � � N �I Q U ,� �; � � a� o �v o � � � � �� � b � a`�. w -`"o 0 � O O a 07-�og Date: February OS, 2007 �le #: 06 -130640 Folder Name: 1126 EDGERTON ST PIN: 292922120159 ♦ �� Date: February 08, 2007 File #: 06 - 130640 Folder Name: 1126 EDGERTON ST PIN: 292922120159 v �-so8 Date: February 08, 2007 File #: 06 - 130640 Folder Name: 1126 EDGERTON ST PIN: 292922120159 • ��� Date: February 08, 2007 File #: 06 - 130640 Folder Name: 1126 EDGERTON ST PIN: 292922120159 Date: February 08, 2007 File #: 06 -130640 Folder Name: 1126 EDGERTON ST o > PIN: 292922120159 o7-�og Date: February 08, 2007 File #: 06 -130640 Folder Name: 1126 EAGERTON ST PIN: 292922120159 ����� . CITY OF SA_IN'I' PAUL Dick Lippert Manager of Code Enforcement NEIGHBORHOOD HOUSIP IG F�ND PROPERTYIMPROVEMENT Nuisance Building Enforcement Christopher B Coleman, Mayar 1600 White Bear Ave N Saint Paul, MN 55106 Apri127,2007 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Te1 (651) 266-7900 Fax: (65/) 266-1926 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: 1126 EDGERTON ST The City Council has scheduled the date of these hearings as follows: Legislative Hearing — Tuesday, May 15, 2007 CiTy Council Hearing — Wednesday, June 6, 2007 The owners and responsible parties of record are: Name and Last Known Address Esther Ondabu 8216 Hampshire Ct N Brooklyn Park MN 55445-2539 Peterson, Fram & Bergman, P.A. Suite 300- 50 East Fifth Street St. Paul, MN 55101 MERS CO Chase Home Finance LLC 10790 Rancho Bernardo Rd San Diego, CA 92127-5705 Payne Phalen District 5 Planning Council d5-director(u�visi.com Interest Fee Owner Foreclosure Attorney Mortgage Holder �� �, ,� - District ��1�,��ct AA-ADA-EEO Employer a7-sog 1126 Edgerton Street Apri127, 2007 Page 2 The legal description ofthis property is: Legal Desr. JOS. R. WEIDE'S 4TH ADDITION TO ST. PAUL LOTS 12 AND LOT 13 BLK 2 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 lmown 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 1�Teighborhood Housing & Property Improvement that the City Council pass a resolution ordering the responsible partaes to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Neig�borhood 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✓ , �� , i Steve Magner Vacant Buildings Supervisor Neighborhood Housing & Property Tmprovement SM:mI cc: Thomas Riddering, Building Inspection and Design Judy Hanson, City Attorneys Office MaryErickson, Assistant Secretary to the Council Cindy Carison, PED-Housing Division Stacey Millett, Invest St. Paul District Council — Community Organizer pubhmg60183 0 7 �o� May 15, 2007 Legislative Hearing Minutes Page 10 Ordering the owner to remove or repair the building(s) at 1126 Edgerton Street within fifteen (15) days from adoption of resolurion. Mr. Magner stated the building was a two-story, wood frame, duplex on a lot of 2,614 square feet and had been vacant since September 6, 2006. The vacant building registration fees were delinquent in the amount of $250, the $5,000 performance bond had not been posted and a code compliance inspection had not been done. On Febmary 21, 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, 2047 with a compliance date of March 26, 2007. To date, the property remains in a condirion which comprises a nuisance as defined by the Legislative Code. Ramsey County Taxation has estimated the mazket value of the land to be approximately $50,000 and the building to be $100,000. Real estate ta�ces were current. Code Enforcement estimates the cost to repair the building to be approxunately $80,000 to $90,000. The cost for demolition was estimated to be approximately $10,000 to $11,000. There had also been four summary abatements issued to this property: to secure the building and the City had to board the building to secure it from trespass, remove snow and ice, to remove tall grass and weeds and to remove improperly stored refuse. Code Enforcement recommends the building be repaired or removed within 15 days. Mr. Manger presented photographs of the property. Esther and Ferdinand Ondabu, property owners, appeared. Mr. Ondabu stated that he had lost his job and could not affard to make the mortgage payments merely on his wife's income especially since they also had five children to support. The property was currenfly in foreclosure and they would like to keep the house, but he did not know what the mortgage company wanted to do. Ms. Moermond asked who the notifications were mailed to. Mr. Magner stated they were mailed to Esther Ondabu, 8216 Hampshire Court, Brooklyn Park, Peterson, Fram & Bergman, the attorneys on the foreclosure and MERS, c/o Chase Home Finance. Mr. Ondabu stated that he and his wife were from Kenya and did not understand the fareclosure process or the legal aspects as far as the City wanting to demolish the property. He needed additional time to find a job so that he would have the income to pay up on the mortgage and to fix the building so his family could live there again. He stated that they also had rented the downstairs unit of the building and when the property was condemned, they also lost the rental income from the property. Ms. Moermond asked Mr. Magner how they became aware this was a vacant building. Mr. Magner stated that the inspector condemned the building as unfit for huxnan habitarion in August, 2006. In reviewing the file, there were assessments beginning in May, 2005 through June, 2005 for garbage hauling services; there was an interior complaint in August, 2005; remove snow and ice in December, 2005; and then garbage hauling services began again in April, 2006 through August, 2006 when the building was condemned and the Ondabus moved out of the property. Mr. Magner stated that from the records, the Ondabus purchased the property on March 14, 2005 from Interstate Development Company LLC with a first mortgage of $186,320 and they subsequently took out a second mortgage for $46, 580 for a total mortgage on the property of approximately $233,000 which far exceeded the current value of the property. The sheriff sale occurred on September 28, 2006 which, unless there was a redemption or cancellation, the six months would be up on redeeming the property. He did not know equity or rights the Ondabus would have to their property and he suggested they talk to the attorney represenring the mortgage company. It was his opinion that the City had spent a tremendous amount of time and money maintaining this property. Perhaps the Ondabus had been given bad advice or been taken advantage of, May 15, 2007 Legislative Hearing Minutes v>-�o� Page 11 however, this did not recrify the problems that the neighborhood and the City had to endure with this property. Ms. Moermond stated that in reviewing the report by Mr. Manger, the vacant building fees had not been paid, the performance bond had not been paid, and a code compliance inspection had not been done to determine the extent of the repairs that were necessary that would be required to be made before the building could be re-occupied. Since the property was in foreclosure, it appeared that if the Ondabus had not already lost the property, they would be losing it very soon. Mr. Ondabu stated that it seemed cleaz to him through this hearing that he believed they had been taken advantage o£ It was his opinion that the repairs the City were requiring needed to be made existed to the building when they purchased it. He believed they were being treated unfairly and discriminated against by the City. Ms. Moermond stated that she did not believe they were being treated any differently by the City considering the condition of the property. It was her opinion that when the property was inspected, the inspector considered the fact that there were five children living there, besides the tenant in the downstairs unit, and was concerned with the safety aspects of the building. Since the sheriff sale occurred approximately two weeks after the building was condexnned, it appeared they were already in trouble with being behind in their mortgage payments on the property. Since they could not make their mortgage payments, they also did not have the finances to be able to afford the repairs that were required to fix the building. It was also uncertain as to whether the Ondabus legally had title to the property at this point in time as the six-month redemption period likely had expired. She suggested the Ondabus consult an attorney to determine whether they were taken advantage of on the purchase of this property. She also suggested they contact the Minnesota Attorney General's Office on the real estate transaction situarion as well as on the foreciosure. Ms. Moermond stated that she concurred with the staff recommendation and ordered the building be removed or repaired within fifteen (15) days.