07-1226Council File #�
Green Sheet # U �11`.�}
OF
Presented by
'ION
L, MINNESOTA
:
1 WHEREAS, Department of Safety and Inspections has requested the City Council to
2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecldng
3 and removal of a two story, wood frame, single family dwelling located on property hereinafter
4 refened to as the "Subject Property" and commonly known as 447 FRY STREET. This
5 property is legally described as follows, to wit:
HOMER H. HOYT CO.'S ADDITIOIV LOT 4 BLK 3
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Deparhnent of Safety and Tnspections on or before March 31, 2007, the
following are the now known interested or responsible parties for the Subject Property: Ruby E
PetersonlClO 7oseph Vogel, PO Box 24169, Edina, MN 55424; St. Paui Postal Employees Credit
Union, 1725 S. Robert St., West St. Paul, MN 55118; District 13 Consortium.
WHEREAS, Department of Safety and Inspections 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 August 28, 2007; and
WHEREAS, this order informed the then lrnown interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chaptex 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 September 27, 2007; and
WHEREAS, the enforcement officer has posted a piacard on the Subject Property
declaring this building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been conected and Department 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 rime, 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, November 27, 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 deh to the
public peace, health, safety and welfare and remove its blighting influence on the community by
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rehabilitating this structure 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 demolirion of the structure to be completed within fifteen
(15� days after the date of the Council Hearing; and
WI3EREAS, a hearing was held before the Saint Paul City Council on Wednesday,
December 19, 2007 and the tesrimony and evidence inaluding 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 447 FRY STREET.
1.
2.
3.
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
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
violatians 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).
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That the deficiencies causing this nuisance condition have not been conected.
That Department of Safety and Inspections has posted a placard on the Subject
Property which declaxes it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Department of Safety and
Inspections, VacantlNuisance Buildings.
That the laiown interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
••� •
The Saint Paul City Council hereby makes the following order:
1. 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 omthe community by rehabilitating this structure and correcting all
deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in
accordance with ail applicable codes and ordinances, or 3n the alternative by demolishing
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and removing the structure in accordance with all appiicable codes and ordinances. The
rehabilitafion or demolition and removal of the structure must be completed within
fifteen (1� days after the date of tYie Council Hearing.
2. If the above corrective acrion is not completed within this period of time Department of
Safety and Inspections is hereby authorized to take whatever steps are necessary to
demolish and remove this structure, fill the site and charge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Lea slative
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.
103 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested
104 parties in accordance witk Chapter 45 of the Saint Paul Legislative Code.
Requested by Department o£
Adopted by Council: Date 2{ �sC! ( U�
—
Adoprion , 'fi� b Council Secretary
By:
Appxov y or: D 7i17�Z,�V g
—�
B
Safety and Inspections
Code Enforcement / Vacant Building
By:
Form Approved by City Attomey
B
Form Approved by Mayor for Submission to Council
By:
�. Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Cuntad Pereon 8 Pho�:
Marcia Moe`Snond
6-8570
Must Be on Council Aaen
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact Vicki
Contact Phone: 6-8561
ToW I# of Signature Pages
OfrDEG07
�
A55ign
NUmber
For
Routing
Orcler
(Clip All Locations for Signature)
Green Sheet NO: 3047150
0 Eoundl
1 ouncil DeparimentDirector
2 Gity Clerk City Clerk
3
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5
Resolution ordering the owner(s) to remove or repair the referenced building(s). If [he owner fails to comply with the resolution, the
Departrnent of Safery and Inspections is ordered to remove the building. The subject property is loacated at 447 Fry Sheet.
itlations: Approve (A) or Reject (ft): Personal Service CoMracts Must Answer the Foliowing Quesfions:
Planning Commission
1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirm ever been a city empbyee? �.
Yes No
3. Does this perso�rm 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):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages if Not Approved:
Trensaction:
Funding Source:
FinanGial information:
(EXplain)
Activity Number.
CosHRevenue Budgeted:
December 6, 2007 332 PM Page 1
DEPARTMENT OF SAFETY AND INSPECTIONS
D ickLtppert, Mana oer of Code Enfarcement
CITY OF SAIT:T PAUL
Chrzsiopher B. Coteman, Ivlayor
October 29. 2007
Nuisance Building Enforcement
16G0 Whize Bea�� /Ive N
Saint Paul, MN 55106
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
�7—/�-�Co
Tel: (651) 266-1900
Fax (6)IJ266-1926
Deparhnent of Safety and Inspections , VacantlNuisance Buildings Enfarcement Division
has requested the City Council schedule public hearings to consider a resolution ordering
the repair ar removal of the nuisance building(s) located at:
447-449 FRY ST
The City Councii has scheduled the date of these hearings as follows:
Legislative Hearing — Tuesday, November 27, 2007
City Council Aearing — Wednesday, December 19, 2007
The owners and responsible parties of record are:
Name and Last Known Address
Ruby E PetersonlClO Joseph Vogel
Po Box 24169
Bdina MN 55424-0169
3t. Paul Postal Employees Credit tlnion
1725 S. Robert St.
West 3t. Paul, MN 55118
District 13 Consortium
lexham�alexham.org
Tnterest
Fee Owner
Mortgage Holder
District Council Contact
AA-ADA-EEO Employez
447-449 Fry St.
October 26, 2007
Page 2
The tegal description of this property is:
HOMER H. HOYT CO.'S ADDITION LOT 4 BLK 3
6 ? ��'7'�
The Deparhnent of Safety and Inspections has deciared this building(s) to constitute a
"nuisance" as defined by Legislative Code, Chapter 45. The Department of Safety and
Inspections has issued an order to the then knorvn responsible parties to eliminate this
nuisance condition by correcting the deficiencies or by raaing and removing this
building(s).
The property was re-inspected on October 1, 2007. There was no compliance and the
nuisance condition remains unabated, the community continues to suffer the bliahting
influence of this property. It is the recommendation of the Department of Safet� and
Inspections that the City Council pass a resolution ordering the responsible parties to
either repair, or demolish and ramove this building in a timely manner, and failing that,
authorize the Deparhnent of Safety and Inspections 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 taYes.
Sincerely,
Steve Nfagner
5teve Magner
Vacant Buildings Manager
Depariment of Safety and Inspections
SM:nm
cc: Chad Staul, City Attorneys Office
Mary Erickson, Assistant Secretary to the Council
Cindy Carlson, PEB-Housing Division
Stacey Millett, Lnvest St. Pau1
District Council — Community Organizer
pubhmg60183 06l01
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SUMMARY FOR PUSLIC HEARING
447-449 Fry Street
Legislative Hearing — Tuesday, November 27, 2007
City Council — Wednesday, December 19, 2007
The buildings are each two-story, wood frame, single family dwellings on a lot of 4,792 square
feet.
According to our files, it has been a vacant building since August 22, 2006.
The current property owner is Juan Gueno, per AM.ANDA and Ramsey county property records.
The city has had to board this building to secure it from trespass.
There have been four (4) SUMMARY ABATEMENT NOTICES since 2006.
There have been four (4) WORK ORDERS issued for:
- Removal of improperly stored refuse
- Removal of tali grass and weeds
On August 2, 2007, an inspecfion 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 August 28, 200� with a compliance date of
September 27, 20�7. 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 paid.
Taxation has placed an estimated market value of $62,800 on the land and $240,000 on the
buiiding.
As of October 16, 2007, a Code Compliance inspection has been completed.
As of October 18, 2007, the $5,000.00 performance bond has been posted.
Real Estate taxes are current.
Code Enforcement Officers estimate the cost to repair both of these structures is $120,000. The
estimated cost to demolish both is $12,815 to $16,800.
NHPI, Division of Code Enforcement Resolution subm3tted 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.
Tax & Properiy Characteristic Tnformation - Structure 1�escnption
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Tax & Property Characteris�ic Information -
Structure Description
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Proaertv Look up � � Record Dacuments { I Contact U5
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Sa_ k t earch sults
�uic�; Info
p�pertv Information
Taxp�er Name and
Address
Vaiue infarmation
Va{ue Histort
SCructure Description
Sale Information
Soec+ai Assessments
Prooertv Tax Payment
infors�tion_
Proper*v Tax Pa�ment
Histo�r
> Structure Description
Property Identification 33.29.23.41.0
Number (PIN}
Property Address 447 Fry St
St. Paui 551�4
Residential Propertye
Year Built 1910
# of Stories 1.50
Style One And 3/4 Story
Exterior Wall Frame
Tota1 Rooms 6
Totat Family Rooms 0
Total Bedrooms 3
Full Baths 1
Half Baths 0
Attic Type
Finished SQ Feet 1113
Foundation Size 651
Basement Area Finished
Finished Rec Area
Garage Type
Area {sq.ft.)
Year Built 1916
# of Stories 1.00
Style One Story
Euterior Wall Frame
Total Rooms 4
Total Family Rooms 0
Total Bedrooms 2
Full Baths 1
Current Prooertv Tax
Gtafi°mentlValue Notice
ZQ06 Prooerty Tax
StatementLalue Notice
2005 Proae�_Tax
5tatementLValUe_Na ice
Z064 prOp_e� ax
StatementlVafue Notice
http:llrrinfo.co aamsey.mn.uslpublic/characteristiclParcel.pasp?scrn=Dwelling&p
11 {24/2007
DEPARTMEN7'OPSAFETYANDlNSPECTIONS
CITY OF SAINI' PAUL
ChristopherB. Coleman, Mayor
COMMERCEBUILDING lelephone: 651-266-9090
$ Fourth Street E¢si, Suite ZOP Facs:mile: 65l-266-9099
St Paul, MinnetoE¢ 55107-1024 Web: smau! eov/dsi
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October 16, 20D7
JUAN GUERRERO
11043 XYLON AVE N
CHAMPLAIN MN 55316
Re: 447 & 449 Fry St
File#: 06 127339 VB3
Deaz Property Owner:
Pursuant to your request the above-referenced property was inspected and the following report is
submitted:
BUILDING
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Insure basement cellar floor is level, is cleanable, and a11 holes aze filled at 447 &
449.
Install hand and guazdrails on a11 stairways and steps as per attachment at 447.
Tuck Point interior/exterior foundation at 447.
Install tempered glass in window on staix landing to Code.
Install tempered glass in window over bathtub to Code at 447.
Provide thumb type dead bolts for a11 entry doors. Remove any surface bolts.
Repair or replace any deteriarated window sash, broken glass, sash holders, re-putty
etc. as necessary.
Provide comnlete storms and screens, and repair all door and window openings.
Repair walls and ceilings throughout, as necessary.
Re-level structure as much as is practical at 447.
Where wall and ceiling covering is removed, attic, replace doors and windows,
(insulafion, glass, weathez stripping, etc.) shall meet new energy code standards at
447.
Prepare and paint interior and exterior as necessary (take the necessary precautions
if lead base paint is present) at 447.
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 at 447.
AA-ADA-EEO Employer
o�-/��-�
JuArr GtrE��o
Re: 447 & 449 Fry St
Page Two
BUILDING
14. Habitable rooms with new usage, replaced windows shall have glass azea equai to
8% of floor area, or a minimum of 8 sq. ft., one-half of which shall operate and atl
bedroom windows shall meet emergency egress requirements (20" wide minimum,
24" high min'unum but not less than 5.7 sq. ft. overall) at 447.
15. Provide general clean-up of premise at 447.
16. Provide smoke detectors as per the Minnesota State Building Code at 447.
17. IZepair soffit, fascia tzim, etc. as necessary at 447 and 449.
18. Provide proper drainage around house to direct water away from foundation at 447.
19. Install downspouts and a complete gutter system as needed at 447 and 449.
20. Replace house and garage roof covering and vent to Code at 447.
21. Provide general rehabilitation of garage at 447.
449 Frv
i. Install screw down cover fro water meter hole.
2. Install handrail and guardrail to code on basement stairs.
3. Install tempered glass in window at side of basement stairs.
4. Replace all rotted and correct all over spanned joist on front porch floor.
5. Remove a11 plasfic wrap and boards over front porch and repaar all guardra3ls and
wells as needed.
447
1. Install landing at frant doox and steps to code.
Z. Replace all damaged siding with like siding to code.
3. Remove structure on rear deck floor and repair to code.
4. Install step flashing and flashing to code on dormers.
9. Remove north side porch or totally rebuild.
6. Totally rebuild foundation and framing or remove east parch.
22. Replace west end of basement to code on basement stairs.
D "7- /a-a- l�
JUAN GUERRERO
Re: 447 & 449 Fry St
Page Three
ELECTRICAL
447 and 449 Frv
1_
2.
3.
4.
Both houses need new 100A services.
Ground to code.
Exisfing portions to meet Sulletin 80-1.
New/remodel azeas to meet 2005 NBC.
Must be done under electrical pemiit by licensed contractar.
PLUMBING
All plumbing work requires permit(s) and must be done by a plumbing contractor licensed in
Saint Paul.
447 Frv
2.
3.
4.
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9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
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22.
23.
24.
25.
Temperature and pressure relief valve dischazge piping incorrect on water heater.
No gas shutoff or gas piping incorrect on water heater.
Gas venting incorrect on water heater.
W ater piping incorrect on water heater.
Water heater not fired or in service.
Water service or meter comes from 449 fry.
Repair or replace all conoded, broken or leaking piping.
Water pipe sizing incorrect.
Boiler fill water line requires backflow assembly or device.
Replace conoded gas piping.
Gas pipe sizing incorrect.
No front sewer cleanout; no soil stack base cleanout on soil and waste.
Open piping on soil and waste.
Tmproper connections, transitions, fitting or pipe usage on soil and waste.
Install fuli size vent thru roof verify house has separate sewer.
Laundry unvented.
Waste incorrect in laundry.
Fixture is missing in laundry.
Lauatory incorrectly vented.
Waste inconect in lavatory.
Kitchen sink incorreetly vented.
Waste incorrect in kitchen sink.
Bathtub incorrectly vented.
Waste inconect in bathtub.
Install code approved faucet in bathtub.
��- /a�-�
NAN GUERRERO
Re: 447 & 449 Fry St
Page Four
PLUMBING
449 Frv
1. Cas piping incorrect on water heater.
2. Gas venting incorrect on water heater.
3. Water piping incorrect on water heater.
4, Tncorrect piping on water meter — supplies 447 Fry.
5. Repair or replace all conoded, broken or leaking water piping.
6. Water pipe sizing incorrect.
7. Replace corroded gas piping.
8. No soii stack base cleanout on soil and waste.
9. Open piping on soil and waste.
10. Waste inconect in laundry tub.
I 1. W ater piping incorrect on laundry tub.
12. Kitchen sink is unvented.
13. W aste incorrect in kitchen sink.
14. Range gas shutoff, connector incorrect.
15. Lavatory inconecfly vented.
16. W aste inconect in lavatory.
17. Bathtub incorrectly vented.
18. Waste incorrect in bathtub.
19. Install code approved faucet in bathtub.
HEATING
447 Frv
1. Install approved valve on main gas line.
2. Install approved automatic gas valve for boiler.
3. Cleand and Orsat furnace burner. Check a11 controls for proper operation. Submit
report from licensed contractor.
4. Tie fiunace and water heater venting anto clumuey liner.
5. Check clumney.
6. Cnavity hot water system.
7. Open system expansion tank into toilet tank.
NAN GUERRERO
Re: 447 & 449 Fry St
Page Five
HEAT'ING
449 Frv
b7-/�-�-(P
l. Gravity hot air system.
2. Remove incinerators.
3. Clean and Orsat fiunace burner. Check all controls for propez operation. Submit
report form licensed contractor.
4. Check fumace heat exchanger for leaks, provide documentation.
5. Install chixnney liner.
6. Tie furnace and water heater venting into chimney liner.
7. Recommend adequate combustion air.
8. Provide witnessed test for hot water/steam heating system and check for leaks.
9. Provide back flow preventer on city water fill lien to hot water/steam heafing system.
ZONING
This property was inspected as a duplex.
b�-1? a-C�
NAN GUERRERO
Re: 447 & 449 Fry St
Page Six '
NOTES
**See attachment for pezmit requirements and appeals procedure.
1'his property is designated by the Vacant Buiidings Department as a Category #3 which requires
a$5,000 Performance Bond or Deposit at the time the pernut is issued.
Provide plans and specitications for any portion of the building that is to be rebuilt.
Roof, sidewalks, etc. all to meet appropriate codes when completed.
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.
This is a registered vacant building. In order to reoccupy the building, all deficiencies
listed on the code compliance report must be corrected and be in compliance with the
Minimum Housing Standards of the St. Paul Legislative Code (Chapter 34), and all
required permits must receive finai approval.
**VACAN'I' BUII.DING REGISTRATION FEES MUST BE PAID AT
NEIGHBORHOOD HOUSING AND PROPERTY TMPROVEMENT (NHPII FOR
PETtMITS TO BE ISSUED ON THIS PROPERTY**. For fuztlier information call, NHPI at
651-266-1900, located at 1600 White Bear Avenue.
Sincerely,
James L. Seeger
Code Compliance Officer
JLS:sh
Attachments
1?EPARTMENT OP SAPETY AND INSPECTIONS
DickLippert M ana�er of Code Enforcement _
CITY OF SAINT PAUL
ChristopherB. Coleman, Mayar
Nuisance Building Enforcemenl
1600 White Bear Ave N
Saint Paut, ]✓I7�` S i 106
August 28, 2007
Ruby E Peterson/C!O Joseph Vogel
Po Box 24169
EdinaMN 55424-0169
��-��'�-�
Tel: (651) 266-1900
Far: (65l) 266-I926
5t. Paul Postal Employees Czedit Union
1725 S. Robert St.
W. St. Paul, MN 55118
Order to Abate Nuisance Building(s)
Dear: Sir or Madam
The Vacant/Nuisance Bnildings Unit, Department of the Department of Safety and Inspections,
Division of Code Enforcement, hereby declares the premises located at:
447 — 449 FRY ST
and legally described as follows, to wit:
HOMER H. HOYT CO.'S ADDITION LOT 4 BLK 3
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 August 02, 2007, a Building Deficiency Inspection Report was compiled and the following
conditians were observed.
This list of deficiencies is not necessarily all the deficiencies present at this time. As first
remedial action, a Cade Compliance Inspection must be obtained from the Building Inspection
and Design Section, S Fonrth Street East, Suite 200, Commerce Building (651)266-9090. That
inspection will identtfy specific defects, necessary repairs and legal requirements to correct this
nuisance condition. You may also be required to post a five thousand dollar ($S,OOQ.00)
performance bond with the Building Inspection and Design Office before any permits are
issued, except for a dernolition permit.
This building(s) is subject to the restrictions of Saint Pau1 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.
There are two, two-story, wood frame, single family dwellings on lot at 447-449 Fry Street.
AA-ADA-EEO Employer
Aun st28,2007
447-449 FRY ST
page 2
b� /7��-Co
l. Special natation: 'I'hese are two houses on one lot. 447 is the front house and 449 (the rear
house) is accessory it. Many of the deficiencies are common to both units and so the
deficiency list should be zead in that respect. Both houses are category three (3) regstered
vacant buildings.
2. The bathroom floor covering is deteriorated or inadequate. Provide floor covering which is
impervious to water and easily cleanable thzoughout the bathroom and seal around the edges
and fixtures.
3. 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.
4. The exterior wa11s and/or trim of the house and/or garage has defective, peeled, flaked, scaled
or challting paint or has unpainted wood surfaces. Scrape and repaint to effect a sound
condition in a professional manner.
5. FURNACE: Have a licensed heating contractor service and clean the furnace or boiler and
make any necessary repairs. Perform a CIO test on the heating plant. Then, send the attached
form back to the Inspector. Repaix of gas fired appliances requires a pernut.
6. G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. ouflet. Permit May Be Required.
7. T`he stairs have missing or defective handrails. Provide all interiar and exterior stairways and
steps of more that tt�ree (3} risers with handrails which are grippable and installed 34" to 38"
above the nose of the stair treads.
8. The interior ceilings are defective. Repair all ceiling defects and finish in a professional
manner.
9. The interior walls are defecrive. Repair a11 wa11 defects and finish in a professional manner.
10. 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.
11. Smoke Detector: Lack of properly installed and operable smoke detector. Provide functioning
smoke detectors in accordance with the attached requirement, within 24 hours.
12. 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.
13. The window and/or door screens are missing, defecrive 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.
August28,2007
447-449 FRY ST
page 3
a�-�r�-�
14. The windows and/or storm windows aze 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.
15. On the front and rear porches of #-,'447 — unapproved and hazardous electrical installarion for
switches and fixtures. Install all fixtures, switches and wuing to meet current electrical code
requirements.
16. On the north side of #447 — unapproved and hazardous electrical installation along the
foundaiion. Install all wiring to meet current electrical code requirements.
17. Both units - The structure is a registered vacant building and must have a Code Compliance
Certificate before the structlue may be occupied. Immediately vacate the structure or obtain
a Code Compliance Certificate from L.I.E.P. You may contact 3im Seegex at L.I.E.P. for
code compliance inspection, permits, and issuance of Code Compliance Certificate. Under
Chapter 33.03 of the Saint Paul Legislative Code, failure to obtain a Code Compliance
Certificate or to vacate the structure may result in issuance of crimina] smmuonses.
18. Both units — 30 amp elechical service. Upgrade the elecri service to meet current electrical
code requirements.
19. C}pen plumbing lines; improperiy vented or unvented plumbing fixtures. Repair plumbing
instaliations to meet current plumbing code requirements.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and
the resulting nuisance condation is not corrected by September 27, 2007 the Department
of Safety and Inspections, 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
tases as a special assessment in accordance with law.
As first remediai action, a Code Compliance Inspecrion Report must be obtained from the
Building Inspection and Design Section, 8 Fourth Street, Suite #200, Commerce
Building, (651)2b6-9090. This inspecfion 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 a11 interested parties, all present ar subsequent
renters and any subsequent owners. If you seil, transfer, or convey in any manner, the
ownership or responsibility £or this property, you must within seven (7) days, notify the
Enforcement Officer with the names and addresses of any new owners or responsible
parties.
AA-ADA-EEO Employer
August 28, 2007
447-449 FRY ST
Pa 4 Q �'� / O �
The Enforcement Officer is required by law to post a placard on this property which
declares it to be a"nuisance condirion", subj ect to demolition and removal by the City.
This placard shall not be removed without the written authority of the Department of
Safety and Inspections, Division of Code Enforcement. The department is further
required to file a copy of this "Order to Abate" with the City Clerk's Office.
If corrective acrion is not taken within the time specified in this order, the Enforcement
Officer will notify the Ciry Council that abatement action is necessary. The City Clerk
will then schedule dates for Public Hearings before the Ciry 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 aetion 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 conective action is not taken within the specified time, the City shall abate
this nuisance. The costs of this action, including admuustrative costs will be assessed
against the property as a special assessment in accordance with law.
ff you have any questions or request additional information please contact Dennis Senty
between the hours of 8:00 and 9:30 a.m. at 651-266-1930, ar you may leave a voice mail
message.
Sincerely,
Steve Magner
Vacant Buildings Program Manager
Division of Code Enforcement
cc: Mary Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
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Date: July 31, 2007
File #: 06 -127338
Folder Name: 447 - 449 FRY ST
PIN: 332923410080
Rot damaged porch members
Open, water damaged eave and roof boards
Date: Ju3y 31, 2007
File #: U6 -127338
Folder Name: 447 - 449 FRY ST
PIN: 332923410080
� l �`�'�P
Unapproved sump pump
Unapproved water heater installation
Bathroom; water damaged floor boards and wall
Attic; open, exposed electrical wiring
Date: July 31, 2�07
File #: 06 -127338
Folder Name: 447 - 449 FRY ST
PIN: 332923410080
�� ���' �
Attic; open walls; damaged insulation
Boarded door; rot damaged porch members
November 27, 20�7 Legislative Hearing Minutes
Page 4
d�-iaa�
8. Ordering the owner to remove or repair the building(s) at 447-449 Frv Street within fifteen
(15) days from adoprion of resolution.
The property owner of record, 7uan Guerrero, appeared.
Mr. Magner stated there were two buildings on this parcel. Each was a two-story, wood frame,
single-family dwelling witt� a detached one and one-half stall garage on a lot of 4,792 square feet
and had been vacant svnce Auwst 22, 2006. A code compliance inspection had been done on
October 16, 2007. The vacant building registration fees were current and the $5,000 performance
bond had been posted on October 18, 2007. On August 2, 2Q�7, 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 August 28, 2007 with a compliance date of September 27,
2007. To date, the property remained in a condition which comprised a nuisance as defined by the
Legislative Code. Ramsey County Taxation estimated the mazket value of the land to be
approximately $62,800 and the buildings to be $240,000. Real estate taYes were current. Code
Enforcement estimates the cost to repair both buildings to exceed $12Q000. The cost for
demolition was estimated to be approximately $12,815 to $16,800. There had also been four
siunmary abatements issued to this propefty since 2006 prior to the current ownership of the
property, four of which went to work order: to secure the building and the City had to board the
building to secure it from trespass, remove improperly stored refuse, and cut tall grass and weeds.
Mr. Magner stated that his main concern was not that Mr. Guerrero was going to complete the
rehabilitation to the 44� building; however, Mr. Guerrero had not presented any clear plan on what
he planned to do with the A49 building. Mr. Guerrero had indicated at one point that he intended to
remove the 449 building and that he intended to complete the repairs to the 447 building. He had
suggested to Mr. Guerrero that he complete the repairs to 447 and then apply the refund of the
performance bond for 449. His concem was that 447 would be rehabilitated and 449 would remain
a nuisance. He presented photographs of the property.
Ms. Moermond stated that she noticed that a building permit in the amount of $25,000 for manor
repair work had been pulied and she asked whether this was far wark on 449.
Mr. Guerrero responded that this was correct. He stated that his contractor, a friend, estimated that
the cost of the repairs to be approximately $25,000. He had secured $52,000 in financing to
complete the repairs for both houses. Ms. Moermond stated that the City estimated the cost of the
repairs for both properties to exceed $120,000. She questioned why there was such a discrepancy
between figures.
Mr. Guenero stated that he was unsure. He had worked with his current contractor for several yeazs
and he believed his contractor had been in the business for 20 or more years. It was the contractor's
estimate that the cost of labor for the repairs would be approximately $25,000. Mr. Magner stated
that Vacant Buildings estimated the cost of the repairs to be $50,000 to $60,000 for each property.
He stated that it was possible that the cost of labar to be $25,000 on one of the individuaJ properties;
however, this did not inciude the cost of materials, plumbing contractor, electrical contractor, ar
heafing contractor.
Mr. Guerrero stated that he did understand that the estimated cost did not take into consideraYion the
cost of the plumbing, electrical, ar heating.
November 27, 2007 Legislative Hearing Minutes
Page 10
Mr. Ma�er stated that there was a wide-scope of finish on a rehab of a building dependi�g ri Yiow �
the propezty was going to be re-occupied. If it were going to be a rental property, the cost would
likely be less than if it were finished for high-end, owner occupancy.
Mr. Guerrero stated that the actual cost that they had deternuned was approximately $42,000 to
finish 449. He believed approximately 65 percent of the repairs had been completed. He would
also like to rehab the rear building, 447, as soon as he was finished with 449.
Ms. Moermond asked Mr. Guenero whether he had a wark plan. Mr. Guenero responded that he
did.
Ms. Moermond stated that this was unusual since there were two buildings located on one parcel of
property. She asked whether there would be separate certificates of code compliance issued.
Mr. Magner responded that separate certificate of occupancies would need to be issued for each of
the properties. He believed that there had been miscommunication regazding the code compliance
inspection. When he talked to Mr. Seeger, he indicated that there should have been separate code
compliance inspections done for each building and that each building should have a separate
performance bond posted. Under the Vacant Building Progam, they put both houses under the one
parcel so that there would only be one charge for the vacant building fee. Licensing and Fire would
look at each house as a separate unit as this was what they needed to certify. Basically, these
buildings were essentially a single-family dwelling and the other was a mother-an-law dwelling
which would no longer be aliowed under current zoning laws.
Mr. Guenero stated that he believed the repairs to 449 should be completed within the next three
weeks. His plan was then to begin the repairs on 447 which he believed all could be completed
within two months.
Ms. Moermond stated that in order for her to recommend to the City Council that they grant
additional time to complete the rehabilitation to the buildings, she would require the following: 1)
the property would need to be maintained; 2) she would need a work plan which would include
timelines for completing the repairs in addition to the cost for the repairs and the value of those
repairs; 3) financial documentation would need to be provided indicating that he had the funding to
complete the repairs to the propezties. She suggested that she could split the properties as separate
resolutions so that Mr. Guenero would have the time to complete the repairs to 449 first and then
begin the repairs to 447. She suggested possibly recommending that the Council allow him 90 to
100 days to complete the repairs to 449. She could then recommend that they confinue tl�e
Legislative Hearing for the 447 building.
Mr. Magner stated that what Mr. Guerrero has indicated is that he should have the sign off on the
code compliance completed on 449 around the time of the Council Public Hearing on December 19.
Ms. Moermond stated that she did not see that any electrical, plumbing or mechanical permits had
been pulled. Mr. Guerrero stated that the electrical permit had been pulled and was signed off on.
He believed the plumbing would be done within this week and that permits would be pulled for that.
Sheet rock and insulation for the second floor would be completed within the next three weeks. The
exterior painting of the house was almost completed; the studs for the parch had been placed and
the porch was almost compieted.
November 27, 2007 Legislative Hearing Minutes Page 11
������
Mr. Magner stated that according to STAMI', no pemuts foz electrical, plumbing or mechanical and
been pulled for either 449 or 447. Mr. Guenero expressed concern because he had in writing that
electrical pernrits would be pulled by the subcontractor. He also had a certificate from the City that
had signed off on the electrical.
Ms. Moermond stated that the code compliance inspection report indicated that there was
substantial electrical, plumbing, and heating work that needed to be done. The estimated cost of the
repairs for 449 was $6�,000 in addition to the estimated cost of $60,OOQ for 447. The only permit
that showed that had been pulled was for general building repair on 449. This meant that there was
approximately another $95,000 work of repairs that needed to be done for both buildings. She
stated that she would need to see a work plan for completion of the repairs to the 447 building. She
requested Mr. Guerrero have work plans and financial documentation indicaring that he had the
financing available to make the repairs to both houses by Friday, December 7. She recommended
laying this matter over to the December 11 Legislative Hearing.
Mr. Guerrero requested additional time to complete a work plan for 447 as he had a friend who was
an architect drawing up plans far this house. His friend had indicated that he could not have plans
drawn up for him until the end of December.
Ms. Moermond stated that she would be willing to consider this as an option but would recommend
some benchmarks be put in place concerning progress on 449. At the December 19 Pablic Hearing,
it would be her recommendation to �ant an additional three weeks to complete the conditions she
set forth for 449 if ail of the rough-ins were approved, plumbing was signed-off on and that all
repairs wouid be completed to 449 by the end of 2007.
Continued to the December 11 Legislative Hearing.
December 11, 2007 Legislative Hearing Minutes D']� j�.?.{d Page 2
2. Ordering the owner to remove or repair the building(s) at 447-449 Fry Street within fifteen
(15) days from adoption of resolution. (Continued from November 2�)
Juan Guerrero, properiy owner, appeared. He stated that he believed he had all of the
documentation that was requested at the last hearing. Ms. Moermond asked to see his documents.
She explained that since these were two separate buildings, the resolution had been split for each
address and were now two sepazate resolutions.
Mr. Guenero presented Ms. Moermond with the documentation and explained that it was for the
449 property. This included the following: a mortgage loan commitment; a settlement statement
from the loan closing; a work plan from C& S Enterprises which included cost estimates; a bid
estimate from 1 st Mechanical; a bid estimate from Electrical Visions; a copy of the pernut that was
pulled by Electrical Visions; a copy of the permit that was pulled by Liberty Plumbing; and a copy
of the receipt for the code complaance inspection.
Ms. Moermond asked Mr. Guerrero who much money he had remaining from the $50,000 loan.
Mr. Guenero responded that he had approximately $25,000 left.
Mr. Magner asked Mr. Guerrero where he was at with completing the repairs to the 449 building.
At the last hearing, he had indicated that he believed he would be done sometime in mid-December.
Mr. Guerrero responded that he believed he would have the repairs completed by December 31;
however, he requested that he be given until the end of January to complete the repairs. After the
repairs were completed to 449, he planned to begin working on 447.
Ms. Moermond expressed concern regarding the financial documents. Staff had estimated the cost
of the repairs for both houses to be $120,000 and she was concerned that he would not have the
funding available to complete the approximately $6Q000 worth of repairs to 447.
Mr. Guenero stated that his brother was going to guarantee financing to make the repairs for the
447 buiiding. He believed the cost of the repairs to likely be less than the estimated $60,000 as it
was a smaller dwelling.
Mr. Magner ciarified that Mr. Guerrero would then would get a partial sign-off on the code
compliance from Licensing once the repairs were completed for 449; he would then obtain a
certificate of occupancy for 449 and begin renting it out; and his brother would then give him a
promissory note in the amount of $6Q,000 to make the repairs for 447. Mr. Guenero responded
that this was correct.
Ms. Moermond stated that since everything was in order for the 449 building, she would
recommend to the City Council that they grant 90 days to complete the repairs for 449 Fry.
Concerning the 447 Fry property, it would be her recommendation to refer this back to the February
12 Legislative Hearing and the February 20 City Councal Public Hearing.
Mr. Guerrero asked that if he had a wark plan and financial documentation that he could present
prior to the hearing on February 12, if he would still need to attend the hearing. Mr. Magner stated
that they could review the documentation and if there was a problem, someone would let him know
to come to the hearing. He asked Mr. Guerrero how much time he would need to complete the
repairs to 447.
December 11, 2007 Legislarive Hearing Minutes O � ���a,� Page 3
Mr. CTUerrero zesponded that he believed he would need approximately seven weeks to complete the
repaus to 447.
Ms. Moermond stated that she wouid be willing to recommend granting 90 days to complete the
repaus to the 447 building.
c7�- taal�
Febmary 12, 2008 I,egisiative Aearing Minutes
Page 2
Ordering the owner to remove or repair the building(s) at 447 Frv Street within fifteen (15)
days from adoption ofresolution. (Continued from November 27 and December 11)
The property owner of record, Juan Gueno, did not appear.
Mr. Magner stated Mr. Gueno purchased 449 and 447 Fry with the intent of repairing both of the
structures. According to STAMP, the sign off on the code compliance had not yet been done for the
449 building. Mr. Magner stated that a condition for the sign off on the code compliance was so
that the performance bond deposit for the 449 building could then be applied to the 447 building.
Ms. 5heffer stated that Mr. Guerro had called her after he received a letter from Mai Vang
schedulang this Legislative Hearing and indicated that he was going to be out of town. Ms. Sheffez
stated that she indicated to Mr. Guerro that he needed to provide a work plan and financial
documentation, the same as the conditions for the 449 building, and that information was supposed
to be presented at this Legislative Hearing. She indicated to Mr. Guerro that he needed to provide
this documentation as soon as possible, but no later tl�an Friday, February 15.
Ms. Moermond stated that she would recommend granting time to rehabilitate the building on the
condition the following is provided by the end of business on Friday, February 15: 1) the code
compliance must be approved and signed off for 449 Fry; 2) an approved work plan must be
received; and 3) approved financial documentation must be received. Ms. Moermond stated that if
this documentation was not received, she would recommend the building be removed.