07-509AMENDED 6/6/07 Council File # � `j O
Green Sheet # 3039153
RESOLUTION �`
,�Ta( OF,SAtNT PAUL, MINNESOTA
Presented by
1 WHEREAS, Neighborhood 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, single family dwelling located on property
4 hereinafter referred to as the "Subject Property" and commonly lmown as 941 GREENBRIER
5 ST. This property is legally described as follows, to wit:
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Legal Desc: JOSEPH R. WEIDE'S SUBDIVISION OF BLOCK 24, ARI.INGTON
HILLS ADDITION TO ST. PAUL, MINN. LOT 37 BLK 24
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Neighborhood Housing & Property Improvement on or before
September 18, 2006, the following are the now known interested or responsible parties for the
Subject Property: Carol J Kubes, 941 Greenbrier Street, St. Paul, MN 55106; Wilford & Geske
7650 Currell Blvd., Suite 300, Woodbury, MN 55125; MERS, P.O. Box 2026, Flint, MI 48501;
Payne Phalen District 5 Planning Council, d5-director(u�visi.com
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 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
WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing
& Property Improvement requested that the City Clerk schedule public hearings before the
Legislative Aearing 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
this structure in accordance with all applicable codes and ordinances, or in the altemative by
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The rehabilitation or demolition of the structure to be completed within ���-�'r� one
hundred-eightv (1801 days after the date of the Council Hearing; and
WfIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, June
6, 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 941 GREENBRIER STREET.
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 or to demolish and remove the
building(s).
�
7
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 Ixnprovement, Vacant/Nuisance Buildings.
That the known interested parties and owners aze as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilied.
••r •
The Saint Paul City Council hereby makes the following order:
L The above referenced interested or responsible parties shall make the Subject Property
safe and not detrimental to the public peace, health, safety and welfaze and remove its
blighting influence on the community by rehabilitating this siructure 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
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rehabilitarion or demolirion and removal ofthe structure must be completed within
�i€teea-E� nine 90 days after the date of the Council Hearing.
2. ff the above correcrive action is not completed within this period of time Neighborhood
Housing & Properry Improvem,ent is hereby authorized to take whatever steps aze
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.
3. In the event the building is to be demolished and removed by the City of Saint Paul, a11
personai 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 Legislarive Code
Yeas Na s Absent
Benanav ,/
Bostrom 1 /
Hazris �/
Helgen �
Lantry ,/
Montgomery �/
Thune ,/
�
Adopted by Council: Date ��T 7
Adoption Cerlified by Council Secretary
By: '
Appxoved by yor ate �
By:
Requested by Department oE
Neighborhood Housing and Property Improvement
�
Form Approved by City Attorney
�
Forxn Approved by Mayor for Submission to Council
By:
07
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
NH — NeighbprhoodHousing/Property
Contact Person & Phone:
Bob Kessler
266-9013
Must Be on Gouncil Agenda by (Date):
O6JUN-07
Doc. Type: PUBLIC HEARING (RESOLUI
E-Document Required: Y
Document Contact: Mazine Linston
Contact Phone: 266-1938
27-APR-07
�
Assign
Number
For
Routing
Order
ToWI # of Signature Pages _(Clip All Locatlons for Signature)
Green Sheet NO: 3039153
0 ' bor600d Housin o
1 eiehborhoodHousion/Pronertv DeoartmeotDirector
2 �CitvAttornev I Sl
—�
3 Yiayor•s OfHce —� -- Mayor/ASSistant
a ouncil
5 i Clerk Ci 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 wi[h the resolurion, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject
proper[y is located at 941 Greenbrier Stree[.
ioanons: npprove (A) or tteJect (K): Personai 5ervice Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firtn ever worked under a cont2ct for this department?
CIB Committee Yes No
Civil Service Commission 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
F�cplain all yes answers on separete 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 the Saint Paul
Legislative Code. The owners, interested parties and responsible parties lmown to the Enforcement Officer were given an order to
repair or remove the building at 941 Greenbrier Street by March 26, 2007, and have failed to comply with those orders.
Advantages If Approved:
The Ciry will eliminate a nuisance.
MAY p g 2007
DisadvanWges If Approved: �
The City will spend funds to wreck and remove this building(s). These costs will be assessed to
assessment against the property taxes.
DisadvanWges If Not Approved:
A nuisance condition wili remain unabated in the City. This building(s) will continue to blight the community.
Transaction: $$�000 Cost/Revenue Budgeted: Y
Fundi�g source: Nuisance Housing Abatement Activity Number: 30251
Financial InformaSion:
(Explain)
a special
�.� � L : ��iU �
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April 27, 2007 10:30 AM Page 1
o7-�oq
SUlVIlVIARY FOR PUBLIC HEARING
941 Greenbrier Street
I,egislarive Heazing —�esday, May 15, 2007
City Council - Wednesday, June 6, 2007
The building is a two-story, wood frame, single family dwelling on a lot of 3,049 square feet.
According to our files, it has been a vacant building since June 21, 2006.
The current property owner is Carol J Kubes, per AMANDA and Ramsey counry property and taxation
records.
The city has had to board this building to secure it from trespass.
There have been five (5) SUMMARY ABATEMENT NOTICES issued for:
- Removal of improperly stored refuse
- Removal of tall grass and weeds
- Secure the building
On February 14, 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, 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 for 2007 are delinquent in the amount of $250.00.
Taxation has placed an estimated market value of $30,000 on the land and $40,000 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 ta7ces for 2006 aze delinquent in the amount of $497.05.
Code Enforcement Officers estimate the cost to repair this structure is $60,000 to $70,000. The
estunated cost to Demolish is $7,000 to $8,000.
NHPI, Division of Code Enforcement Resolution submitted for consideration orders the properry 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.
a >-�0 9
NEIGHBORHOOD HOUSING AND
PROPERTYIMPROVEMENT
Dick Lippe�t, Manager� ofCode Enforcement
CITY OF SAII��'I' PAUL
Christopher�B Coleman, Mayor
Nz�is¢nce Buzlding Enjorcement
February 22, 2007
Carol J Kubes
941 Greenbrier St
St Paul MN 55106-3734
1600 YYhite Bear Ave N Tel. (6i1) 266-1900
Saint Paul, MN i i106 Fax: (651J 266-1926
Order to Abate Nuisance Building(s)
Dear : Carol J Kubes
The Vacant/Nuisance Buildings Unit, Department of Neighborhood Housing and
Property Improvement, hereby declares the premises located at:
941 GREENBRIER ST
and legally described as follows, to wit:
Legal Desa 70SEPH R. WEIDE'S SUBDIVISION OF BLOCK 24,
ARi,1NGTON HILLS ADDITION TO ST. PAUL, MINN. LOT 37 BLK 24
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 14, 2007, a Building Deficiency Inspection Report was compiled and the
following conditions were observed.
This list of deficiencies is not necessarily all the de�ciencies 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 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
D 7.�09
Febmary 22, 2007
941 GREENBRIER ST
page 2
This is a two-story, wood frame, single family dwelling.
Exterior
The eaves and soffits are in a state of disrepair or deterioration. Repair all defects,
holes, breaks, loose or rottine boazds, to a professional state of maintenance.
Permit may be required.
2. The exterior walls and/or h 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.
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.
4. 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.
5. STORM DOOR(S): The storm door(s) aze in disrepair; repair or replace the
door(s).
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,
hardware and associated trim in a professional manner. Permit may be required.
Interior
7. The bathroom floor covering is deteriorated or inadequate. Provide floor covering
which is unpervious to water and easily cleanable throughout the bathroom and
seal around the edges and fixtures.
8. 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.
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.
10. Lack of Natural Gas Service. Tmmediately restore natural gas seroice. 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.
February 22, 2007
941 GREENBRIER ST
page 3
o7-s�9
11. The stairs have missine or defective handrails. Provide all interior and exterior
stairways and steps of more that three (3) risers with handrails which are grippable
and installed 34" to 38" above the nose of the stair treads.
12. The interior ceilings are defective. Repair all ceiling defects and finish in a
professional manner.
13. The interior walls are defective. Repair all wall defects and finish in a
professional manner.
14. The kitchen floor covering is deteriorated or inadequate. Provide floor covering
which is unpervious to water and easily cleanable throughout the kitchen and seai
around the edges and fixtures.
15. There is evidence of a rodent infestation. Tmmediately exterminate and eliminate
all rodents from the entire building. Remove rodent harborages in the yard areas.
Tuckpoint the foundation if necessazy to rodent-proof the building to prevent
re-infestation. Immediately remove any dead rodents from the premises.
16. Smoke Detector: Lack of properly installed and operable smoke detector. Provide
functioning smoke detectars in accordance with the attached requirement, within
24 hours.
17. SANITATION: Immediately 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 stared in an approved manner, so
as not to constitute a nuisance.
18. Lack of Water Service. Immediately restore water service. Failure to provide
water service will result in these premises being declared Unfit far Human
Habitation and ordered vacated for lack of this basic facility.
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 wiil be assessed against the
property taYes as a special assessmenf 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.
February 22, 2007
94] GREENBRIERST
page 4
a �-5�9
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", 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 Enforcement
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 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.
If you have any questions or request additional information please contact Richard
Singerhouse between the hours of 8:00 and 930 a.m. at 651-266-1945, or you may leave
a voice mail message.
Sincerely,
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing and Property Improvement
cc: Mary Erickson - Councii Reseazch
Laurie Kaplan - PED Housing
ota60135 3/06
DEPARTMENTOFSAFETYANDlNSPECTIONS �_�� "
Bob Kusler, Directar
CTTY OF SAIN'T PAUL
Christopher B. Coleman, Mayor
COMMERCEBUILDING Telephone: 651-166-9090
8 Founh Saeet Eas; Suite 200 Facsimile: 651-2669099
StPau[,Minnesota55/0!-l024 Web: wwwsfiaul.zov/dsi
May 24, 2007
JACQUELINE FRANK
8425 SEASONS PKWY STE 101
WOODBURY MN 55125
Re: 941 Greenbrier St
File#: 06 101152 VB3
Dear Property Owner:
Pursuant to your request the above-referenced property was inspected and the following report is
submitted:
BUILDING
1. Insulate underneath the rear bedroom to Code, and install a vapor barrier in crawl space.
2. Remove brush and trees from fence line.
3. Anchor post to beams in basement.
4. Replace rear entry foundation and stairs to Code.
5. Remove exposed foam from basement.
6. Rear entry door does not have drip cap.
7. Replace all rotted siding and trim.
8. Totally rebuild front porch.
9. Replace all rotted joists, studs, beams and posts.
10. Install plinth blocks under posts in basement.
11. Tuck point interior/exterior foundation.
12. Provide thumb type dead bolts for all entry doors. Remove any surface bolts.
13. Repair or replace any deteriorated window sash, broken glass, sash holders, re-putty etc. as
necessary.
14. Provide complete storms and screens, and repair all door and window openings.
15. Repair walls and ceilings throughout, as necessary.
16. Re-level structure as much as is practical.
17. Where wall and ceiling covering is removed, attic, replace doors and windows, (insulation,
glass, weather stripping, etc.) shall meet new energy code standards.
18. Prepare and paint interior and exterior as necessary (take the necessary precautions if lead
base paint is present).
AA-ADA-EEO Employer
0�15�°l
Page 2
941 Greenbrier Street
19. Provide general clean-up of premise.
20. Provide smoke detectors as per the Mimiesota State Building Code.
21. Repair soffit, fascia trim, etc. as necessary.
22. Provide proper drainage around house to direct water away from foundation.
23. Install downspouts and a complete gutter system.
ELECTRICAL
1. Repair or repIace all broken, missing or loose light fixtures, switches, outlets,
covers and plates.
2. Check a113-wire outlets for proper polarity and verify ground.
3. Install exterior lights at front entry door.
All plumbing work requires permit(s) and must be done by a plumbing contractor licensed in
Saint Paul.
Basement:
1. Water heater is not fired or in service.
2. Replace or repair water meter. It is removed and not in service.
3. Repair or replace all corroded, broken or leaking water piping.
4. Cap all unused gas lines.
First Floor:
5. Lavatary waste is incorrect.
6. Kitchen sink is incorrectly vented.
7. Bathtub is incorrectly vented and waste is inconect.
HEATING
1. House has newer fumace.
2. Repair return air duct and register for Iiving room.
3. Clean and Orsat furnace burner. Check all controls for proper operation. Submit report from
licensed contractor.
4. Check furnace heat exchanger for leaks and provide documentation.
5. Clean all supply and return ducts for warm air heating system.
6. Repair and/or replace heating registers as necessary.
01-5c��1
Page 3
941 Greenbrier Street
zoivnvG
l. This property was inspected as a single family home.
NOTES
**See attachment for permit requirements and appeals procedure.
Most of the roof covering could not be properly inspected from grade. Recommend this be done
before rehabilitation is attempted.
There was considerable storage/clutter within property at the time of the inspection. Property is
to meet appropriate Codes when complete.
All items noted as recommended do not have to be completed for code compliance but should be
completed at a later date. Possible purchasers of property shall be made aware of these items.
**VACANT BUILDING REGISTRATION F`EES MIJST BE PAID AT
NEIGHBORHOOD HOUSING AND PROPERTY IMPROVEMENT (NHPI) FOR
PERMITS TO BE ISSUED ON THIS PROPERTY**. For filrther information call, NHPI at
651-266-1900, located at 1600 4Vhite Bear Avenue.
Sincerely,
James L. Seeger
Code Compliance Officer
JLS:ld
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Date: February 13, 2007
FYIe #: 06 - 101148
Folder Name: 941 GREENBRIER ST
PIN: 292922420035
Kitchen
e�-�
Broken, open light fixture; bathroom
Dry water trap in toilet
Date: February 13,2007
File #: 06 - 101148
Folder Name: 941 GREENBRIER ST
PIN: 292922420035
Front
�� a,w_.W.� -
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Water and rodent damaged eave
Water damaged stucco, exposed wood, deteriorated
mortar joints on chimney, missing siding
Rotted, falling siding
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�.:� '„'"� :�
Rof damaged siding
D 7-,s'a9
/
Date: Februazy 13, 2007
File #: 06 - 101148
Folder Name: 941 GREENBRIER ST
PIN: 292922420035
Damaged interior wall
°�-� 1
NEIGHBORHOOD HOUSING AND
PROPERTY IViPROVEMENT
Dick Lippe�t, Man.ager of Code Enfarcement
CITY OF SAIN'I' PAL7L
ChristopherB. Coleman, Mayor
Nuuance Build:ng Enforcemeni
1600 YYhite Bear Ave N Tel (651) 266-1900
Saint Pau.l, MN 55106 Fax: (651) �66-1926
April 23, 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:
941 GREENBRIER 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
Carol J Kubes
941 Greenbrier St
St Paul MN 55106-3734
Wilford & Geske
7650 Currell Blvd., Suite 300
Woodbury, MN 55125
MERS
P.O. $ox 2026
Flint, MI48501
Payne Phalen District 5 Pianning Council
d5-directorCa�vi si. com
Interest
Fee Ownex
Foreclosure Attomey
Mortgage Holder
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941 Greenbrier Streef
Aprii 27, 2007
Page 2
The legal description of this property is:
Legal Desc: JOSEPH R. W'EIDE'S SUBDIVISION OF BLOCK 24, ARLINGTON
HILLS ADDITION TO ST. PAtiL, MINN. LOT 37 BLK 24
Neighborhood Housing & Property Improvement has declared this building(s) to
constihxte 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 confinues 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 incuned against the real estate as a special assessment
to be collected in the same manner as taxes.
Sincerely,
�s
, , �� ,.
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing & Property Improvement
SM:mI
cc: Thomas Riddering, Buitding Inspection and Deszgn
Judy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Cindy Cazlson, PED-Housing Division
Stacey Millett, Invest St. Paul
District Council — Community Organizer
pubhmg60183
0 7-50�
May 15, 2007 Legislative Hearing Minutes
Page 12
Ordering the owner to remove or repair the building(s) at 941 Greenbrier Street within fifteen (15)
days from adoprion of resolurion.
Mr. Magner stated the building was a one and one-half story, wood frame, single-family dwelling on a lot
of 3,049 squaze feet and had been vacant since June 21, 2006. The vacant building registration fees were
delinquent in the amount of $Z50, the $5,000 performance bond had not been posted and a code
compliance inspection had not been done. On February 14, 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 26, 2007. To date,
the property remains in a condition which comprises a nuisance as defined by the Legislarive Code.
Ramsey County Tasation has estimated the market value of the land to be approximately $30,000 and the
building to be $40,000. Real estate taxes for 2006 are due in the amount of $497.05 which includes
penalty and interest. Code Enforcement estimates the cost to repair the building to be approximately
$60,000 to $70,000. The cost for demolition was estimated to be approximately $7,000 to $8,000. There
had also been five suuunary abatements issued to this property: to secure the building and the City had to
boazd the building to secure it from trespass, remove tall grass and weeds and to remove unproperly
stored refuse. Code Enforcement recommends the building be repaired or removed within 15 days. Mr.
Manger presented photographs of the property.
Ms. Moermond quesrioned whether any of the suminary abatements had gone to work order. Mr. Magner
reviewed the file and stated all of the suunnary abatements went to work order.
Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner stated that the
inspector condexnned the building on June 16, 2006 far lack of utilities and it was open to entry.
The property owner of record, Carol Kubes, did not appear.
Christina Weber, Wilford & Geske, appeared representing the mortgage company, Countrywide
Mortgage, and Jason Massengale, realtor, appeared.
Ms. Moermond asked whether the property had been foreclosed upon. Ms. Weber stated that the
redemption period expired on Aprii 26, 2007 and the mortgage company now owned the property. Mr.
Massengale stated that he had been retained as the realtor to sell the property approximately one week
ago.
Ms. Weber stated that she was aware Mr. Massengale had paid for the code compliance inspection and
needed to contact Mr. Seeger, who was out of town, to schedule the inspection of the building. Ms.
Moermond asked whether the vacant building fees had been paid. Ms. Weber stated that they had not
been paid however, if Countrywide determined to repair the property, they would be willing to pay the
vacant building fee.
Ms. Moermond questioned who owned the property. Ms. Weber responded that MERS was the
mortgagee and Countrywide was the lender. Countrywide was now the owner of the property as the
mortgage no longer existed. Ms. Weber stated that they did not receive a copy of the order to abate a
nuisance building in February however, when they received notice of public hearings, they contacted
Countrywide to make them aware that the properiy was subject to demolition. They were in the process
of determining whether the property was worth saving and what needed to be done to save it.
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May 15, 2007 Legislative Hearing Minutes
Page 13
Ms. Moermond asked whether they were awaze the building was vacant. Ms. Weber responded that she
was not sure. Counhywide was aware the building was vacant after the expiration of the redemption
period however, they did not have any documentation in her office during the foreclosure proceeding.
Ms. Moermond asked Ms. Weber whether her office handled the foreclosure of the property. Ms. Weber
responded they did and generaily a process server would come back and tell them that the property was
vacant. She would need to review her files to see if they had been notified that the building was vacant,
When they are notified a building was vacant, they "promptly" nofify the client and ask to reduce the
redemption period. She assumed that since they did not reduce the redemption period, she did not lrnow
whether their office would have been notified that it was vacant.
Ms. Moerxnond asked when the property had been boazded. Mr. Magner stated it was originally boarded
on June 26, 2006. Code Enfarcement placards these buildings as being vacant and Yhey also placard These
buildings with the order to abate a nuisance condition. Between the time of the sheriffs sale, sometimes
even prior to the sale, to the end of the six-month redemption period, most mortgage companies are
sending out field representatives and they will call Code Enforcement to notify them that they are the
owner of record. The experience had been that when a foreclosura begins, they do not see the original
owners coming back and redeeming these properties, especially one that was in trus condition. The intent
of the law is there is 30 days to register building as being vacant. If a building is vacant and the City has
had to abate the property, the responsible party should be registered with the City.
Ms. Weber asked if this applied even if they were not the owner. Mr. Magner stated that if her client was
the owner, or for all intents and purposes would become the owner, because the building had been vacant
and abandoned, the City looked for the responsible owner as they do not have the resources to maintain
these properties.
Ms. Moermond asked when the sheriff sale occurred. Ms. Weber responded October 26, 2006. She
stated that she understood the City's position and that things needed to get done quicker. Their office tries
and does the best that they can to norify clients when properties are vacant. The matter is not just about
finding out the property is vacant, filing an application and getting an arder to reduce the redemption
period to five weeks, the process takes several months from start to finish. It takes approximately two
months to get a court hearing to reduce to five weeks. Depending upon when they are notified a property
is vacant, it may absolutely do no good to reduce the redemption period to five weeks because they were
looking at three months out anyway. If they do not find out immediately that the property is vacant, it is
very difficult to reduce to five weeks.
Mr. Magner stated this was not the argument the City was making. One of the things Ms. Weber's client
could do was to proactively maintain their properties even during the six-month redemprion period. Her
client had the right fo go into a property to winterize the building, secure the building from trespass,
maintain the exterior of the property and they could certainly notify Code Enforcement the contact
information of whoever locally, whether it be a field agent, REO or law firm, was handling the property
so that they would be receiving the notifications from the City. The City should not haue to go out to a
property repeatedly on Code violations to maintain these properties. The City has had Yo increase the
number of staff to maintain other peoples' properties and the City was not in the business of acting as
"managers" of other peoples' properties.
Ms. Weber stated that Countrywide did own the property now and they were ready to go to obtain the
code compliance inspecrion. She requested a couple of additional weeks, or as long a time as could be
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May 15, 2007 Legislarive Hearing Minutes
Page 14
given, to put things in shape to see where they were at. She would like to come back with a proposal that
if they desired to save the property, they would make every effort that they could to do so.
Mr. Massengale stated that concerning the vacant building fees and the other fees, it was his
understanding, via e-mail, that Countrywide had notified whoever was responsible for maintauung the
property to make sure the exterior was maintained acco�iing to the City Code and that the fees wonld be
paid.
Ms. Moermond stated that she was so disappointed that the bank and Yheir representatives did not step
forwazd to actively manage their assets in this situation. It did not speak well of their ability to
rehabilitate the property. It was patently obvious that this was a vacant building and understanding
completely that it takes time to go through a shortened redemption time period, absolutely no effort was
made to do so in spite of protestations that it may not have made a difference anyway. From the bank's
knowledge, the property would have been vacant from October 26, 2006 to the present. She noted that
the property taxes had not been paid which was unusual. Usually the mortgage holders like to pay the
property tases less they 2ose the building through ta7c forfeiture.
Ms. Moermond stated this situation had been going on for a very long time and she wanted to see this
problem resoived. She stated that she would continue the Legislative Hearing to June 5 and the following
reports and/or documentation would need to be presented at that hearing: 1) the vacant building
registration form and the fees must be paid; 2) the property must be maintained in good condition; 3) the
code compliance inspecfion must be completed; 4) the $5,000 performance bond must be posted; 5) the
real estate tases must be paid; 6) a piuchase agreement with a qualified person to perform the
rehabilitation to the building must be submitted; 7) an approved work plan must be submitted; and 8) the
purchaser must provide financial documentation indicating they had available financing to complete the
rehabilitation and understood the reai cost of the repairs. Staff had estimated the cost of the repairs to be
between $60,000 and $70,000 and this individual must demonstrate that they have this amount of
financing available to complete the rehabilitation to the property. Ms. Moermond stated that if all of this
was completed by June 5, she would recommend to the City Council at the Public Hearing on 7une 6 that
they grant the owner 180 days to rehabilitate the property. If all of this documentation was not presented,
she would need to consider what her recommendation would be to the City Council.
Mr, Massengale stated that under the timing, there was not much likelihood the house cou2d be soid to a
contractor who could repair the building. Ma Moermond stated that if the bank wanted to rehabilitate the
property themselves, they could do so, however, it would be very unusual if they chose to do so. In that
event, they would need to indicate that they had the necessary funding dedicated to do this project. Mr.
Magner stated that if the bank chose to do the proj ect, he recommended that they would need to provide a
prospectus from a general contractor indicating the cost of all the repairs along with a list of
subcontractors with all of their costs listed as well.
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June 5, 2007 Legislative Hearing Minutes Page 8
5. Orderittg the owner to remove oz repair the building(s) at 941 Greenbrier Street within fifteen
(15) days from adoption of resolution. (Continued from May 15)
Christina Weber, Wilford & Geske, repzesenting Countiywide Mortgage Company, appeared.
7ason Massengale, realtor far the property, presented copies of documents requested from the May 15
hearing. Mr. Massengale stated that the vacant building fees had been paid and the registration form
had been completed. A code compliance inspection of the properry had also been completed. The
properiy compliance specialist who represented Counhywide signed off on a work plan and authorized
$30,120 for the cost of repairs with the understanding that the cost of the repairs could exceed that
amount. He also presented a document from Safe Guard Properties that included all of the properties
which they monitared for different mortgage companies. He presented a boiler plate bid form used by
Countrywide which outlined all of the repairs. He submitted a bid from Sagstetter Remodeling
outlining the cost of the electrical, plumbing, heating and general repairs. He included the bonding
information however, he stated that it had somehow gotten lost in transit and to date, the bond had not
been paid.
Ms. Weber stated that she had been in contact with bonding company that morning and they were
going to execute the documents again, have it overnight delivered and it should be filed prior to the
Council hearing on June 6.
Mr. Masengale stated that he had received an e-mail concerning the payment of the real estate taaces
which indicated that it should be paid by the end of the business week, however, he had received a call
priar to the hearing indicating that the check for payment of the real estate taxes would be overnight
mailed and should be received on June 6. The final document was a letter from the asset manager of
Countrywide which indicated they were authorizing $30,120 for the cost of the repairs and were
dedicating up to $75,000 to complete the necessary repairs.
Ms. Weber stated that the contractor did not have a precise figure on the cost estimaYe of the repairs,
however, Countrywide was willing to put the additional money into making the repairs as those items
were found fo be in need of repair.
Ms. Moermond asked whether any additional complaints had been received concerning exterior
maintenance violations aY the property. Mr. Magner reviewed the records and stated there had been no
further complaints concerning the property.
Mr. Massengale stated that they had cleaned up the property and had talked to the neighbors next door
who had been throwing stuff in the yard and asked them to stop. The neighbor dismissed them
claiming they didn't care. He assured that the property would be properly maintained and Countrywide
had hired Safe Guard Properties to deal with any exteriar maintenance of the property.
Ms. Weber complimented Mr. Massengale on his efforts to put together all of the required documents
for the heating and she believed the property would be well maintained under his purview.
Ms. Moermond stated that the documentation that was presented was in good order and she would
recommenc3 to the City Council that they grant the owner 180 days to complete the repairs to the
building provided the performance bond and the real estate ta;ces were paid by Wednesday, June 6.
She, along with Mr. Manger, would review all of the documents that were presented and if there were
any concerns, she would contact them as soon as possible.