07-754Council File #�
Green Sheet # 3041454
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
0
Presented
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WHEREAS, Department of Safety and Inspections has requested the City Councii to
hold public hearings to consider the advisability and necessity of ordering the repair or wrecldng
and removal o£ a two-story, wood frame dwelling and detached, one-stall garage located on
property hereinafter referred to as the "Subject Property" and commonly known as 468 CASE
AVE. This property is legally described as follows, to wit:
EDMtJND RICE'S FIRST ADDITION TO ST. PAUL W 46 FT OF E 82 FT OF LOTS 13 AND
LOT 14 BLK 9
WHEREAS, based upon the records in the Ramsey Commty Recorder's Office and
information obtained by Departsnent of Safety and Inspections on or before October 25, 2006,
the following are the now known interested or responsible parties for the Subject Property: BJ
Alderson, 6609 Riverview Lane, Brooklyn Park, MN 55444; Shirmela Bernard, 8065 Camden
Ave N, Brooklyn Park MN 55444; Maribella Mortgage, 3600 Minnesota Dr., Ste 650, Edina,
MN 55435; Payne Phalen District Planning Councii, d5-director(c�visi.com
WHEREAS, Department of Safety and Tnspections 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 May 11, 2007; and
WHEREAS, this arder informed the then Irnown interested or responsible parties that the
shucture 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 June 11, 2007; and
WHEREAS, the enforcement officer has posted a placazd on the Subject Property
deciaring this building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been wnected and Deparhnent of Safety
and Inspections 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, July 31, 2007 to hear testimony and evidence, and after receiving
tesrimony and evidence, made the recommendafion to approve the request to arder the interested
or responsible parties to make the Subject Property safe and not detrimental to the public peace,
health, safety and welfare and remove its blighting influence on the community by rehabilitating
this structure in accordance with all applicable codes and ordinances, or in the alternative by
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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
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
August 15, 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 468 CASE AVE.
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislarive 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 mulriple 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 condirion have not been corrected.
That Deparirnent of Safety and Inspections 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 Deparhnent of Safety and
Inspections, Vacant/Nuisance Buildings.
That the known interested parties and owners are as previously stated in this
resolution and that the notificafion requirements of Chapter 45 have been fulfilled.
��� �
The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Subject Property
safe and not detrimental to the public peace, health, safety and welfare and remove its
blighting influence on the community by rehabilitating this structure and correcting a11
deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in
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accordance with all applicable codes and ordinances, or in the alternarive by demolishing
and removing the sfiucture in accordance with ali applicable codes and ordinances. The
rehabilitation or demolition and removat of the shvcture must be campleted within
fifteen (15) days after the date of the Council Hearing.
2. If the above corrective acrion is not completed within this period of time Department of
Safety and Inspecrions is hereby aufhorized to take whatever steps are necessary to
demolish and remove this sh-ucture, fili the site and charge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislarive
Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, aIl
personal property or fixtures of any kind which interfere with the demolition and removai
shali 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 fizrther ordered, that a copy of this resoIution be mailed to the owners and interested
parties in accordance with Chapter 45 of the Saint Paul Leb slative Code
Benanav
Bosfrom
Harris
Helgen
Adopted by Council: Date
Yeas � Nays T Absent � Requested by Department o£
✓
✓
Adoption Certified by Council Secretary
BY ./ / //�J/id �ii.�,�1�i21
ApprovedbyMa r: Date �'����Up�
$Y� �__[� 9 hf�'i"Klz�
Code Enforcement / Vacant $uildings
De amnent of Safety and Inspections
,
By: r� '-� if �,
Form
Form
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Ciry
CouncIl
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
S� — Dept.ofSafeTy&Inspections � 06-JUL-07
Contact Person 8 Phone:
Bob Kessler
266-9013
must cce on
7SAUG-07
Doc. PUBLIC HEARING (RESOLUI
E-DocumerH Required: Y
Document Contact: Maxine Linston
ContactPhone: 266-7938
y
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
�� ���y
Green Sheet NO: 3041454
0 e t of SafeN & Ins ections
4 ouncil
5 i Clerk Ci Clerk
City Council to pass tlus resolution wlilch will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolution, Neighborhood Housing & Proper[y Improvement is ordered to remove the building. The subject
properiy is located at 468 Case Avenue.
idations Approve (A) or R
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 person/firm passess a skill not normally possessed by any
cuvent ciry employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, 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 468 Case Avenue by June 11, 2007, and have failed to comply with those orders.
Advantages If Approved:
The City will eliminate a nuisance.
RECEIVEp
JUL 1 3 2007
DisadvanW es If Approved: nA/� �/
The City w Il spend funds to wreck and remove this building(s). These costs will be assefYHt{Ib4�����ected as a special
assessment against the properiy taxes.
Disadvantages If Not Approved:
A nuisance condifion will remain unabated in the City. This building(s) will con[inue to blight the commmmity.
� 7ransaction: $15,000 CosURevenue Budgeted: y
wndiny source: Nuisance Housing Abatement Activity Number: 30251 !`•�"' ,� ���,�
N � c�� �✓
Financial Information: n � � � � F,�'
(Explain)
�o��c�� ������c?� ��a���� t�.:. :�� �' 2U��
July 3, 2007 1:42 PM Page 1
SUMMARY FOR PUBLIC HEARING b 7 �� 5 y
468 Case Avenue
Legislative Hearin� — Tuesday, July 31, 2007
City Council — Wednesday, August 15, 2007
The building is a two-story, wood fraxne, single family dwelling with a one-stall detached
garage, on a lot of 4,792 square feet.
According to our files, it has been a vacant building since September 10, 2004.
The current property owners are BJ Alderson and Shirmela Bemard, per AMANDA and Ramsey
county property records.
There have been fifteen (15) SUMMARY ABATEMENT NOTICES since 2004.
There have been nine (9) WORK ORDERS issued for:
- Removal of improperly stored refuse
- Removal of snow and ice
- Removal of tall grass and weeds
On May 2, 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 BUILDING was posted on May 11, 2007 with a compliance date of
June 11, 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 $500.00.
Taxation has placed axi estimated market value of $44,600 on the land and $182,000 on the
building.
As of December 6, 2004, a Code Compliance inspection has been completed.
As of July 30, 2007, the $5,000.00 performance bond not been posted.
Real Estate taxes are current.
Code Enforcement Officers estimate the cost to repair this shucture is $60,000 to $75,000. The
estimated cost to Demolish is $12,000 to �15,000.
NHPI, Division of Code Enforcement Resolution submitted for considerarion 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.
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� Informarion from Ramsey County's Department of Property b7 14s�
Records & Revenue � j
RRinfo Tax & Property Recorded Contact
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> Shucture Description
Property Identification 29.29.2231.0063
Number (PIN)
Property Address 468 Case Ave
St. Paul 55130-4010
Residential Property:
Year Built 1889
# of Stories 1.50
Style One And 3/4 Story
Exterior Wall Stucco
Total Rooms 10
Total Family Rooms 0
Total Bedrooms 4
Full Baths 2
Half Baths 0
Attic Type
FYnished SQ Feet 1828
Foundation Size 1032
Basement Area Finished
Finished Rec Area
Garage Type Detached
Area (sq.ft.) 216
Parcel Size .l1 Acres
Parcel Width 46.00 Feet
Parcel Depth 100.00 Feet
Land Use Code 520
Land Use Description R- Two Family Dwelling,
Platted Lot
http://rrinfo.co.ramsey.mn.us/public/characteristic/Parcel.pasp?scm=Dwelling&pin=29292... 7/30/2007
NEIGHBORHOOD HOUSING AND
PROPERTY IMPROVEMENT O7 � f�i /
Dick Lippert Manager o Code Enforcement J` �
CITY OF SAINT PAUL
ChnstopherB Coleman, Mayor
Nuisance Building Enforcement
1600 YVhite Bear Ave N
SaintPaul MN�i106
Tel (651) 266-1900
Fax (651) 266-1926
May 11, 2007
Shirmela Bernud
8065 Camden Ave N
BJ Alderson
6609 Riverview Lane
Brooklyn Park MN 55444-2037 Brooklyn Park, MN 55444
Order to Abate Nuisance Building(s)
Dear: Sir or Madam
The Vacant/Nuisance Buildings Unit, Department of Neighborhood Housing and
ProperTy Improvement, hereby declares the premises located at:
468 CASE AVE
and legally described as follows, to wit:
EDM[JND RICE'S FIRST ADDITION TO ST. PAUL W 46 FT OF E 82 FT OF
LOTS 13 AND LOT 14 BLK 9
to comprise a nuisance condition in viotation of the Saint Paul Legislative Code,
Chapter 45.02, and subject to demolition under authority of Chapter 45.11.
On May 02, 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 Office before any permits are issued, except for a
demolition permit.
This buiiding(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
May 11, 2007
468 CASE AVE
page 2
Exterior
0 7-� y
GARAGES AND ACCESSORY STRUCTURES. All garages and
accessory structures must be in sound condition and secure from
unauthorized entry. Repair or replace any missing doors, windows, or
hardwaze for same.
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 windows and/or storm windows are in a state of disrepair. Replace
all missing ar broken window glass. Make all necessazy repairs to
frames, sashes, hardware and associated trim in a professional manner.
Permit may be required.
4. The exterior walls of the house are defective. Repair all holes, breaks,
loose or rotting siding, to a professional state of maintenance.
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 foundation is deteriorated, defective or in a state of disrepair.
Repair all foundation defects in a professional manner to a
weather-tight, water-right and rodent-proof condition. Permit may be
required.
Interior
The bathroom floor covering is deteriorated or inadequate. Provide
floor covering which is impervious to water and easily cleanable
throughout the bathroom and seal around tke 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 far lack of
this basic facility. Use of candles, fuel operated lighting or extension
cord wiring is not permitted while the power is off.
FLTRNACE: Have a licensed heating contractor service and clean the
furnace or boiler and make any necessary repairs. Perform a C/O test on
the heating plant. Then, send the attached form back to the Inspectoz.
Repair of gas fired appliances requires a permit.
May 11, 2007
468 CASE AVE
page 3
D �-� Sy
1Q. The stairs have missing 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.
ll. The interior ceilings are defective. Repair all ceiling defects and finish
in a professional manner.
12. The interior walls are defective. Repair all wall defects and finish in a
professional manner.
13. There is evidence of a rodent infestation. Immediately exterminate and
eliminate all rodents from the entire building. Remove rodent
harborages in the yard areas. Tuckpoint the foundation if necessary to
rodent-proof the building to prevent re-infestation. Immediately remove
any dead rodents from the premises.
14. Smoke Detector: Lack of properly installed and operable smoke
detector. Provide functioning smoke detectors in accardance with the
attached requirement, within 24 hours.
15. 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.
16. Lack of basic facilities. Electric and/or gas service shut off.
17. DEFECTIVE STA7RS. Stairs are broken, defective, or in disrepair.
Repair in a professional manner.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and
the resulting nuisance condition is not corrected by June 11, 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 Compliance Inspection Report inust 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.
May 11, 2007
468 CASE AVb
page 4
� 7-
As an owner or responsible party, you are required by law to provide full and complete
disclosure of this "Order to Abate" to all interested parties, all present 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 placazd on this property which
declazes it to be a"nuisance condition", subject to demolition and removal by the City.
This placard shall not be removed without the written authority of the Department of
Neighborhood Housing and Property Improvement. The department is further required to
file a copy of this "Order to Abate° with 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 heazing 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 ttus action, including administrative costs will be assessed
against the property as a special assessment in accordance with law.
If you have any quesrions or request additional information please contact Matt Aornfeld
between the hours of 8:00 and 9:30 a.m. at 651-266-1902, or you may leave a voice mail
message.
Sincerely,
Steve Magner
V acant Buildings Supervisor
Neighborhood Housing and Property Improvement
ca Mary Erickson - Council Research
Laurie Kaplan - PED Housing
ota6�t35 3(06
$AINT
PAUL
�
A�IM
CITY OF SAINT PAUL
Randy C. Kelty, Mayor
December 08, 2004
OCWEN FEDERAL BAl`TK
POST OFFICE BOX 17902
SAINT PALTL i�IIv 55117
Re : 468 Case Avenue
File # : 04 144541 VB2
Dear Property Owner:
OFFICE OF LICENSE, INSPECTiONS AND
ENVIRONMEN PROTECTION
Janeen E Rosas, Direcror � �—� ['�
J�
LOft'RYPROFESSIONALBUILDING Telephone� 6)1-266-9090
3iQ Se Peter Siree�, Suete 300 Facsimile 651-166-9I24
SaentPaui,Minr.esom5�102-I510 Web: vNrv+.c�sipculmn.us/tiep
Pursuant to your request the above-referenced property was inspected and the following report is
submitted:
BUILDING
1. Repair or replace front handrail.
2. Replace roof covering, repair roof boards and venring to Code.
3. Repair skirting under front porch.
4. Anchar post to beams and replace decayed plinth blocks in basement.
5. Repair or replace landing on basement stairs (dropping).
6. Remove plastic from basement ceiling.
7. Replace shelving in first floor bathroom.
8. Replace floor covering throughout, as needed.
9. Install tempered glass in windows on front and rear stairs with five foot (5') of standing
surface.
10.
11.
12.
13.
14.
15.
16.
17,
18.
19
20
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Repair xailings on rear deck.
Repair fence ar remove.
Replace bottom panel on garage overhead door.
Repair walls and ceilings throughout, as necessary.
Tuck Point interior/exterior foundarion.
Repair soffit, fascia trim, etc. as necessary.
Provide hand and guazd rails all stairways and steps as per attachment.
Provide thumb type dead bolts for all entry doors. Remove any surface bolts.
Repair or replace any deteriorated window sash, broken glass, sash holders, xe-putty etc. as
necessary.
Provide storms and screens complete and in good repair for all doar and window openings.
Fire block conshuction as necessary.
Where wall and ceiling covering is removed, attic, replace doors and windows, (insulation,
glass, weather stripping, etc.) shall meet new energy code standards.
� �-� �
OCWEN FEDERAL BANK
468 CASE AVENUE
DECEMBER 8, 2004
PAGE TWO
22. Prepare and paint interior and exterior as necessary (take the necessary precautions if lead
base paint is present).
23. Any framing members that do not meet code (where wall and ceiling covering is removed,
members that are over-spanned, over-spaced, not being carried properly, door and window
openings that are not headered, etc.) are to be reconstructed as per code.
24. Habitable rooms with new usage, replaced windows shall have glass area equal to 8% of
floor area, or a minimum of 8 sq. 8, one-half of which shall operate and all bedroom
windows shall meet emergency egress requirements (20" wide minimum, 24" high
minimum but not less than 5.7 sq. ft. overall).
25. Provide general clean-up ofpremise.
26. Provide smoke detectors as per the Minnesota State Building Code.
27. Provide genexal rehabilitation of gazage.
ELECTRICAL
l. Index service panels.
2. Properly attach service ground to water.
3. Rewire old 30 amp service box on first floor.
4. Install a GFCT receptacle in first floor bathroom.
5. Rewire or remove first floor laundry receptacle from receptacle to panel.
6. Rewire or remove light in first floox northwest bedzoom and north hall.
7. Remove or ground second floor bathroom light.
8. Disconnect receptacle in second floor batluoom light.
9. Install a GFCI receptacle in second floor bathroom.
10. Install one additional receptacle in second floor, four season room.
11. Rewire illegal wiring to second floor hall light.
12. Remove light above second floor kitchen sink.
13. Insure proper fuses or breakers for all conductors.
14. Repair or replace all broken, missing or loose fixtures, devices, covers and plates.
15. Check all 3-wire outlets for proper polarity and ground.
16. Ti�oughout building, install outlets and fixtures as pei BuAerin 8Q-l.
17. Install smoke detectors as per Bullerin 80-1 and UBC.
18. Electrical work requires a Permit and inspections.
d �"7S'G/
OCWEN FEDERAL BA.\'K
468 CASE AVENUE
DECEMBER 8, 2004
PAGE THREE
PLUMBING
l. Correct gas venting at water heater.
2. The water meter is removed; not in service.
3. Water meYer service valves are not functional.
4.
5.
6.
8.
9.
10.
11.
Provide backflow assembly or device for boiler fill line.
Soil and waste piping has improper connections, transitions, fitting or pipe usage.
Vent basement shower to Code and provide anti-scald protecrion.
Correctly vent basement laundry tub.
Correctly vent dryer to Code.
Connect first floor kitchen sink to Code.
Vent first floor laundry tub and correct waste to Code.
Provide backflow assembly or device for lawn hydrant(s).
xEaTING
1. Recommend installing approved lever handle manual gas shutoff valve on boiler.
2. Recommend installing approved automatic gas valve for boiler.
3. Clean and Orsat boiler burner. Check all controls for proper operation. Submit report.
4. Install chimney liner.
5. Replace boiler flue venring.
6. Tie boiler and water heater venting into chimney liner.
7. Provide adequate clearance from flue vent pipe on boiler to combustible matenals ar
provide approved shielding according to Code.
8. Recommend adequate combustion air.
9. Provide support for gas lines to Code. Plug, cap and/or remove all disconnected gas lines.
10. Provide heat in every habitable room.
11. Provide back flow preventer on city water fill line to hot water/steam heating system.
ZONING
1. This properry was inspected as being a duplex.
o�-� sy
OCWEN FEDERAL BANK
468 CASE AVENL'E
DECEMBER 8, 2004
PAGEFOUR
NOTES
1. See attachment for permit requirements.
2. There was considerable storage/clutter within property at the time of the inspection. All to
meet appropriate Codes when complete.
3. 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.
Sincerely,
Tames L. Seeger
Code Compliance Officer
JLS:sla
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July 31, 2007 Legislative Hearing Minutes
a �-�
Page 2
4. Ordering the owner to remove or repair the building(s) at 468 Case Avenue within fifteen (15)
days from adoprion ofresolution.
Shazon Bruestle, stated that she was a realtor selling the property next to 468 Case and did not wish to
see the building demolished. She claimed that when she was showing the house, she came out and
noticed that an order had also been placed on her building. Mr. Magier responded that he had placed
the notice on her building, 472 Case, as it was also a vacant category III building. Ms. Bruestle stated
that they had applied for the code compliance inspection and intended to rehab the building.
Mr. Magner stated that he wished to clarify the record that there was a sign on the building at 468 Case
that indicated it was ready for occupancy August 1, however, the owner did not have all of the perxnits
and wark had been done without permits.
Mr. Magner stated the building was a two-story, wood frame, single-family dwelling with a one-stall
detached gazage on a lot of 4,792 square feet and had been vacant since September 10, 2004. A code
compliance inspection had been done on December 6, 2004. The vacant building registration fees
were delinquent in the amount of $500 and the $5,000 performance bond had not been posted. . On
May 2, 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 May 1, 2007
with a compliance date of June 11, 2007. To date, the property remained in a condirion which
comprised a nuisance as defined by the Legislative Code. Ramsey County TaYation estimated the
market value of the land to be approximately $44,600 and the building to be $182,700 which Mr.
Magner believed was too high and suggested Ramsey County needed to re-evaluate the value of the
property. Real estate taxes for were current. Code Enforcement estimates the cost to repair the
building to be approximately $60,000 to $75,000. The cost far demolition was estimated to be
approximately $12,000 to $15,000. There had also been 15 summary abatements issued to this
property nine of which went to work order: remove improperly stored refuse, remove tall grass and
weeds and remove snow and ice. Code Enforcement recommends the building be repaired or removed
within 15 days. Mr. Magner presented photographs of the property and indicated that he had ordered
the inspectar to take additional pictures which would be posted on STAMP.
Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner stated that this
was a referral from one of the Code Enforcement inspectors who had found the building was vacant,
the garage was open to entry, there was debris in the yard and the utilities and water had been shut off.
A category II vacant building was then opened and the property was being monitored by the City.
Ms. Moermond stated that there had been numerous summary abatement notices that had gone to work
arder. She questioned what the history was at this property in 2006 and 2007. Mr. Magner responded
that they conrinued to send work orders on the lawn mowing, removing snow and ice and cleaning up
the yard.
Ms. Moermond quesrioned Mr. Magner whether he was aware that conditions in the building may
require a new code compliance inspection. Mr. Magner stated that he had not been in the buiiding and
he would require Mr. Seeger, Licensing, conduct a walk-thru of the building to deternune whether it
was necessary to do a new code compiiance report.
Ms. Moermond questioned whether this was a foreclosure and if Mr. Magner had any lrnowledge as to
whether it was in the process. Mr. Magner responded that Mazaibella Mortgage had held the mortgage
and when they notified them at their old address, they received no response. They could fmd no other
July 31, 2007 Legislative Hearing Minutes
0 7-�
Page 3
acrion that the mortgage had been satisfied. Ms. Moermond asked whether Mr. Magner knew the
amount owing on the mortgage. Mr. Magner responded that there were actually two mortgages on the
property; one for $120,000 and one for �30,000.
BJ Alderson and Martin Bemard, property owners, arrived late for the hearing.
Ms. Moermond explained that ffiey had missed the staff report and that the building had been vacant
since September, 2004. The City had issued 15 sununary abatement notices since 2004 nine of which
had gone to work order so the City had been maintaining the property. The vacant building fees were
due and owing, the performance bond had not been posted and the real estate taYes were current.
There was a code compliance that was done in December, 2004. She asked whether the property was
in foreclosure.
Mr. Alderson responded that it was not in foreclosure yet but would be. Ms. Moermond asked whether
they had any information on the mortgage holder, Mirabella Mortgage. There was no response. Ms.
Moermond asked what there plans were for the building.
Mr. Alderson stated that they had plans to fix up the building and were going to try to make some
money going to Sturgis for 10 days and providing food surface from the company which they owned.
Mr. Bernard stated that the house had been trashed over the past winter which included stealing the
copper piping for which they had filed a police report on the incident. The house was ready for sale at
that time when this had happened. Now they didn't have the financial ability to make the repairs.
Ms. Moermond asked Mr. Magner about the building permit situation. Mr. Magner stated that the
code compliance inspection was done December 6, 2004 and in 2005, they applied for a building
permit which had not been finaled. There were no plumbing, heating or mechanical permits that had
been obtained.
Ms. Moermond stated that over the past three years, the City has issued 15 suminary abatement orders
nine of which had gone to work order where the City had either mowed the lawn, shoveled the snow ar
cleaned up the yard. The vacant building fees were delinquent in the amount of $500 which showed
that they had not bothered to notify the City that they owned the building and were responsible for it.
They had also been notified at least two months previously that they needed to post a$5,000
performance bond if they wished to work on the building which they had failed to do. Now they were
saying that they were going to Sturgis to make money on a food service. What she would require was
a professional work plan. She also needed them to show that they had $60,000 to $75,000 to repair the
house. She would not consider a food service in Sturgs to be an adequate fmancial plan for
completing the work. They would need to demonstrate that they had the ability to make the building
habitable again, were ready to do it and pay for it. So far, they had not demonstrated that they were
responsible people able to execute a plan to rehabilitate the property even if they were provided
additional time.
Ms. Moermond recommended laying this matter over to August l4 Legislative Hearing. At that time,
she would require the following: 1) the $5,000 performance bond must be posted; 2) the vacant
building registrafion form must be filled out; 3) the vacant building registrarion fees in the amount of
$500 must be paid; 4) a new code compliance inspection must be ordered since the copper piping had
been taken; 5} a work plan must be presented outlining timelines for completing the work; and 6) a
financial plan demonstrating the ability to complete the repairs must be presented. This could be in the
July 31, 2007 Legislarive Hearing Minutes
b ���y
Page 4
form of a construction loan, a bank account balance or a line of credit. It was her desire to eluninate
this building as a nuisance for the neighborhood. Another option would be to sell the property to
someone who had the ability to rehabilitate the property.
Laid over to the August 14 I,egislarive Hearing at 10:00 a.m.
��-
August 14, 2007 Legislarive Hearing Minutes
Page 2
Ordering the owner to remove or repair the building(s) at 468 Case Avenue within fifteen (15)
days from adoption of resolution. (Laid over from July 31)
BJ Alderson and Martin Bernazd, property owners, appeazed.
Ms. Moermond stated that at the last hearing, they had indicated that they were going to Sturgis to try
to make some money and she asked if they were successful. Mr. Alderson responded that they were.
Ms. Moermond asked what their plans were for the building. Mr. Alderson stated that they had
decided they were going to sell the property. There currently were two mortgages on the property.
There was a short sale on the first mortgage and they were now working with the second mortgage
company. When they had attended the previous hearing, they didn't have a definite answer that the
property was sold.
Ms. Moermond stated that at the previous hearing, she set forth condirions that the $5,000 performance
bond be posted, the vacant building registration form be filled out, the vacant building zegistration fees
be paid, a new code compliance inspection needed to be done, and they needed to produce a work plan
and a financial plan. Ms. Moermond asked Mr. Magner whether any of the conditions had been met.
Mr. Magner responded that he had received notkung. He had not received a work plan, nor a fmancial
plan, the bond had not been posted, the vacant building fees and form had not been received. He had
checked to see if the code compliance inspection had been updated and it had not. The current code
compliance was from 2004 which would not reflect the damages that had occurred since the building
had been vandalized, the copper had been removed and the building could have possibly been frozen.
Based on this information, Mr. Magner stated that it was Code Enforcement's recommendation to
remove the building within 15 days.
Ms. Moermond stated that she presented requirements that needed to be met by the hearing today and
they had failed to meet any of them. Since nothing had been done, she recommended the building be
removed within 15 days with no option for repair. She indicated to Mr. Alderson and Mr. Bernard that
if they were selling the building to someone who plamied to rehabilitate the building, they needed to
attend the Council Public Hearing on August 15 and the same requirement would be incumbent upon
the new owner.