08-1020Council File #_�
Green Sheet # 3055632
RESOLUTfON
OF SAINT PAUL, MINNESOTA
Presented
WT�EREAS, Department of Safety and Inspections has requested the City Council to
hold public hearings to consider the advisability and necessity of ordering the repair or wrecking
and removal of a two story, wood frame dwelling with a one stall, detached, wood frame garage
and a wood frame shed located on property hereinafter refened to as the "Subject Property" and
commonly known as 428 BANFIL STREET. This properiy is legally described as follows, to
wit:
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WINSLOW'S ADDITION TO SAINT PAUL E 1/2 OF LOT 7 BLK 21
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Department of Safety and Inspections on or before April 2, 2007, the
following are the now known interested or responsible parties for the Subject Property: Philip J
Skarda, 510 Michigan St, St. Paul, MN 55102; Shapiro, Nordmeyer & Zielke, 7300 Metro Blvd,
Suite #390, Edina, MN 55439; New Century Mortgage Corp, 1610 E. St. Andrews Place, Suite
#150, Santa Ana, CA 92705; West Seventh / Fort Road Federation.
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 January 28, 2008; 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 ar responsible parties that they must repair
or demolish the structure located on the Subject Property by �ebruary 27, 2008; 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; an
WHEREAS, this nuisance condition has not been conected and Departrnent of Safety
and Inspections requested that the City Clerk schedule public hearings before the Legislative
Heazing Officer of the City Council and the Saint Paul City Council; and
�JHEREAS, 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, August 12, 2008 to hear testimony and evidence, and after receiving
testimony and evidence, made the recommendation to approve the request to order the interested
C��- �C�ZO
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or responsible parties to make the Subject Property safe and not detrimental to the public peace,
health, safety and welfare and remove its blighting influence on the community by demolishing
and removing the structure in accordance with all applicable codes and ordinances. The
demolition of the 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 Ciry Council on Wednesday,
September 10, 2008 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 heazings, the Saint Paul City Council hereby adopts the following Findings and
Order concerning the Subject Property at 428 BANFIL STREET.
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2.
3.
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).
5.
G7
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That the deficiencies causing this nuisance condition have not been conected.
That Department of Safery 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 Department of Safety and
Inspections, VacantlNuisance Buildings.
That the known interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Subject Property
safe and not detrimental to the public peace, health, safety and welfare and remove its
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blighting influence on the community by demolishing and removing the structure in
accordance with all appiicable codes and ordinances. The demolition and removal of the
structure must be completed within fifteen (15) days after the date of the Council
Hearing.
If the above corrective action is not completed within this period of time Department of
Safety and Inspections is hereby authorized to take whatever steps aze necessary to
demolish and remove this structure, fill the site and charge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative
Code.
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.
It is further ordered, that a copy of this resolution be mailed to the owners and interested
parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
�
Requested by Department of:
Safety and Inspections
Code Enforcement / Vacant Suildin s
Sy:
Form Approved by City Attomey
By:
�... .- - - c.,i� 1 �
La�_ 1 '/ n �
r
•.. .�-� � <. �• � � I�.
►� ��� / a_.! �% �
Form Approved by Mayor for Submission to Council
By:
Adopted by Council: Date � �—`–Z,��c(j
C�is
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
$� -Deptof5afery&Iaspecrions � 17-JUN-0B
Contact Person & Phone:
Bob Kessier
2669013
Must Be on Couuif Agend
10SEP-08
Doc. Type; RESOIUTION
E-Document Required: N
Document CoMact:
Contaq Phone:
Total # of Signature Pages
�
Assign
Number
For
Routing
Order
(Clip All Locations for Signature)
Green Sheet NO: 3055632
0 '�� e t ofSafe & Ios e�tions
1 � pt ofSafetv & Inspe�tions I Deoar�ent Director
2 �C1tyAttorney
3 aVar'sO�ce MavodASSistant �
4 onncil
5 'ty Clerk Citv Cletk
City Council to pass this zesolution which will otder the owner(s) to remove the referenced building(s). If the owner fails to comply
with the resolution, the Depardnent of Safety and Inspections is ordered to remove the building. The subject properiy is located a[
428 BANFIL ST .
ioauons: ,vpprove �N� or n
Planning Commission
CIB Committee
Civil Service Commission
1. Has this personffirm ever worketl under a contract for this depar[ment?
Yes No
2. Has this persoNfirm ever bee� a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in Chapt� 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislative Code. The owners, interested parties and responsible patties known to the Enforcement Officer were given an order tp
repair or remove the building at 428 BANFIL ST by February 27, 2008, and have failed to comply with those orders.
Advantages If Approved:
The City will eluninate a nuisance.
Disadva�tages If Approved;
The City will spend funds ro wreck and remove this building(s). These costs will be assessed to the property, collected as a special
assessment against the property taaces.
A nuisance con&tion will remain unabated in the City. This building(s) will continue to blight the community.
DisadvanWges If NotApproved:
A nuisance condifion will remain unabated in the City. This building(s) will continue to blight the community.
Transaction: CosVRevenue Budgeted:
Fundiny source: Nuisance Housing Abatement A����t71 Number: 001-00257
Financiallnformation:
(F�cplain)
September 5, 2008 11:37 AM Page 1
`t !i�f
SUMMARY FOR PUBLIC HEARING
428 Banfil Street
Legislative Hearing — Tuesday, August 12, 2008
City Council — Wednesday, September 10, 2008
The building is a two-story, wood frame, single-family dwelling with a detached one-stall
gazage, on a lot of 4,792 squaze feet.
According to our files, it has been a vacant building since May 24, 2007.
The current property owner is Philip J Skazda, per AMANDA and Ramsey county property
records.
The City of St. Paul has boarded this building to secure it from trespass.
There have been five (5) SUMMARY ABATEMENT NOTICES since 2007.
There have been four (4) WORK ORDERS issued for:
- Removal of ta11 grass and weeds
- Boazding
On December 17, 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 January 28, 2008 with a compliance date of
February 27, 2008. 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 $1,000.00.
TaYation has placed an estimated market value of $45,400 on the land and $56,900 on the
building.
As of August 1 i, 2008, a Code Compiiance inspection has not been completed.
As of August I 1, 2008, the $5,000.00 performance bond has not been posted.
Real Estate taxes are delinquent in the amount of $827.21, plus penalty and interest.
Code Enforcement Officers estimate the cost to repair this structure is $65,000-$75,000. The
estimated cost to Demolish is $6,90� to $4,400.
NHPI, Division of Code Enforcement Resolution submitted far consideration orders the property
owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes
the Division of Code Enforcement to demolish and assess the costs to the property.
C��s-1C7�Z0
DEP,�RTMr."I3T OF SAFETI' AND LNSPL-CTIONS
CITY OF SAINT PAUL
ChristopherB. Coleman, Mayor
3une 20, 2008
NflTICE O�'
Council President and
Members o£ tl�e Ciry Council
Nuisance Building Enforcernent
7500 YI'hite &ear Rve N
Saint Paut. Iv11J 551 fJ6
Tel: {651)26b-l900
Fax: (651) 266-1926
x��uNGs
Departrnent of Safety and Inspecrions, Vacantll�uisance Buildings Enforcement Division has
requested the City Council schedule public hearings to considzc a resolution ordering the repair
or removal of the nuisance building(s) locat� at:
The City �ouncil has scheduled the date
Legisiadve
City Council Hearing —
The owners and responsibie parties of
Name and Last Known Address
Philip J Skarda
510 Michigan St
St. Paul, MiV 55102
Shapiro, Nordmeyer & Zielke
73001v1etro Blvd, Suite #396
Edina, MN 55434
New Century Mortgage Corp
1 blfl E St. Andrews Place, Suite #150
Santa Ana, CA 92705
West Seventh l Fort Road Federafion
betty_(��fo rtraadfederation. org
hearings as follows:
Tue'sday, tsugusf Ii; 2008
, September 10, 240$
aze:
Interest
Fee Owner
Foreclosure Attomeys
Mortgage Company
District Council Contact
Employer
��- �o�o
428 BANFTL ST
June 20, 2008
page Z
The legat description of this property is:
WINSLOW'S ADDITION'TO 3AIlVT PAi7T. E 1/Z O�` LO'T 7 BLK 21
The Department of Safety and Tnspections has declared this building(s) to consritute a"nuisance"
as defined by Legislarive Code, Chapter 45. �[he Department of Safety and Inspections has
issued an order to the then known responsiblT�parties to eluninate this nuisance condiTion by
correcring the deficiencies or by razing and removing this building{s).
The properiy was re-inspected on March 3,
condition remains unabated, the community
property. It is the recommendarion of the D
Councii pass a resolution nrdering the respo
remove this building in a timely manner, an�
Inspections to proceed to demolition and ret
real estate as a special assessment to be coll
�
Sincerely,
Steve lYlagner
5teve Magner
V acant Buildings Manager
Department af Safety and Inspections
SM:nm
cc: Chad Staul, Cjty Attorneys Office
Mary Erickson, Assistant Secretary
Cindy Cazlson, PED-Housing Divis:
Nancy Homans, Invest St. Paul
District Councit — Community Orga
;OOS. Thete was no compliance and the nuisance
:ontinues to suffer fhe blighting influence of this
parfinent of Safery and Inspections that the City
sible parties to either repair, or demolish and ,
failing that, authorize the Deparhnent of Safety and
oval, and to assess the costs incurred against the
,ted in the same manner as taxes.
<ti
Y=
the Counoil .
pubhmgb0183 3/08
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> Structure Description
Property Identification Number 01.28.23.34.0038
(PIN)
Properry Address 428 Banfil St
St. Paul 55102-2902
Residential Property:
Year Built 1875
# of Stories 2.00
Style 7wo Story
Exterior Wall Frame
Totai Rooms 5
Total Family Rooms 0
Total Bedrooms 2
Fuil Baths 1
Half Baths 0
Attic Type
Finished SQ Feet 1032
Foundation Size 600
Basement Area Finished
Finished Rec Area
Garage Type Detached
Area (sq.R.) 144
Parcel Size .11 Acres
Parcel Width 41.00 Feet
Parcei Depth 117.00 Feet
Land Use Code 510
Land Use Descrlption R- Singie Family Dwelling, Piatted
Lot
p:/(ninfo.co.ramsey.mn.uslpublic/characteristic/Parcel.pasp?scrn=Dweliing&pin=012823 340Q38&cnt=1 9(5/2008
o �s- tc�2SJ
DEPARTMENT OF SAFETY AND INSPECTIONS
Dick Lippert, Manager ofCade Enforcement
CI� �F Sl-,�T PF1�,
Christopher B. Coleman, Mayor
1600 White Bear Ave N
Saint Paul, MN 5� 106
Nuisance Building Enforcement
www.stpaul.gov
January 28, 2�08
Philip J Skazda
S10 Michigan St
St Paul MN 55102-0645
Shapiro, Nordmeyer & Zielke
73�0 Metro Blvd, Suite 390
Edina, MN 55439
New Cenhuy Mortgage Corp
Ib10 E. St. Andrews Place, Suite 150
Santa Ana, CA 92705
Order to Abate Nuisance Building(s)
Dear : Sir or Madam
Tel.'(651) 266-1900
Fax: (6.ilJ 266-1926
The Vacant(Nuisance Buildings Unit, Department of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
A28 BANFIL ST
and legally described as follows, to wit:
WINSLOW'S ADDITION TO SAINT PAUL E Il2 OF LOT 7 BLK 21
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 December 17, 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
September 5, 2008
428 BANFIL ST
page 2
��— ���
This is a two story, wood frame dweiling with a one stail, detached, wood frame
garage and a wood frame shed.
1. C�ARAGES AND ACCESSORY STRUCTURES. All gazages and accessory
structures must be in sound condition and secure from unauthorized entry.
Repair or replace any missing doors, windows, or hazdware for same.
2. The bathroom floor covering is deteriorated or inadequate. Provide floor
covering which is impervious to water and easily cleanable throughout the
battu�oom and seal around the edges and fixtures.
3. The chimney is defective, deteriorated or in a state of disrepair. Replace all
missing or defective bricks, tuckpoint as needed to restore the chimney to a
professional state of maintenance and repair. Permit may be required.
4. Due to the number of deficiencies, a Code Compliance Inspection will be
required before a Placard Lift will be issued.
5. 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.
6. The exterior wa11s and/or trim of the house and/or gazage 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.
7. The foundation is deteriorated, defective oT in a state of disrepair. Repaix all
foundation defects in a professional manner to a weather-tight, water-tight and
rodent-proof condition. Permit may be required.
8. There are missing or defective guardzails. Provide all stairways, porches,
decks or steps which are more than 30" high with guardrails and intermediate
rails with openings in the guardraii no more than four (4) inches apart and in
accordance with the State Building Code.
The interiQr ceilings ate defective. Repair all ceiling defecta and finish in a
professional manner.
10. The interior walls are defective. Repair all wall defects and finish in a
professional manner.
11. 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.
September 5, 2008
428 BANFIL ST
page 3
O� �o?.�
12, Smoke Detector: Lack of properly installed and operable smoke detector.
Provide functioning smoke detectors in accordance with the attached
requirement, within 24 hours.
13. The exterior walls of the house and/or garage aze defective. Repair all holes,
breaks, loose or rotting siding, to a professional state of maintenance.
14. The exterior walls of the gazage are defective. Repair all holes, breaks, loose
or rotting siding, to a professional state of maintenance.
15. The exterior walls of the house aze defective. Repair all holes, breaks, loose
ar rotting siding, to a professional state of maintenance.
16. DEFECTIVE STATRS, Stairs are bxoken, defective, or in disrepair. Repaix in
a professional manner.
17. 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.
18. The windows and/or storm windows aze in a state of disrepair. Replace a11
missing ar broken window glass. Make all necessary repairs to frames,
sashes, hazdware and associated trim in a professional manner. Permit may be
required.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and the
resulting nuisance condition is not conected by February 27, 2008 the Department of Safety
and Inspections, Division of Code Enfarcement, 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 must be obtained from the
Buildir�g Inspection and Design Section, 8 Fourth Street, Suite #200, Commerce Building,
(651}266-9040. This inspection will identify specific defects, necessary repairs and legal
requirements to conect this nuisance condition.
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 ar responsible parties.
The Enforcement Officer is required by law to post a placard on this property which declazes it
to be a"nuisance condition", subject to demolition and removal by the City. This placazd shall
not be removed wlthout the written authority of the Department of Safety and Inspections,
September 5, 2008
428 BANFIL ST
page 4
C� � �02Q
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 conective action is not taken within the time specified in tlus order, the Enforcement Officer
wi11 notify the City Counail that abatement actian 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 ca11s 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 Matt Dornfeld
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
Vacant Buildings Program Manager
Division of Code Enforcement
cc: Marp Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
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STA'TE OF MINNESOTA
AFFIDAV(T OF SERVICE
COUNTY OF HENNEPIN
METRb LEGAL SERVICES
Michaei lianson, heing duly sworn, on oath says:
that on June 30, 2008, at 10:10 AM he served the attached�
Notice of Public Nearing upon:
Philip J Skafda, therein named, personally at:
510 Michigan Sfreet, Saint Paul, County of Ramsey, State of Minnesota, the usual
abode of said Philip J Skarda, by handing to and leaving with JaCkie Horner,
houserrtate, a person of suitable age and discretion residing therein, a true and corcect
copy thereof.
Subscribed and sworn to before me on
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Folder Name: 42$ BANI+iL ST
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Folder Name: 428 BA1�iFIL ST
PIN: 012823340038
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Folder Piame: 428 BANFII. ST
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August 12, 2008 Legislative Hearing Minutes Page 4
4. Ordering the owner to remove or repair the building(s) at 428 Banfil Street within fifteen
(15) days from adoption ofresolution.
The property owner of record, Philip J. Skarda, did not appeaz, No other parties of interest
appeazed.
Mr. Magner stated the building was a two-story, wood frame, single-family dwelling with a
detached one-stall garage on a lot of 4,792 square feet and had been vacant since May 24, 2007. A
code compliance inspecrion had not been done, the vacant building registration fees were delinquent
in the amount of $1,000, and the $5,000 performance bond had not been posted. On December 17,
2007, an inspection of the building was done and a list of deficiencies which constitute a nuisance
condifion was developed An order to abate a nuisance building was posted on January 28, 2008
with a compliance date of February 27, 2008. To date, the property remained in a condition which
comprised a nuisance as defined by the Legislative Code. Ramsey County Taxation estimated the
market value af the 1and to be approximately $45,400 and the building to be $56,400. Mr. Magner
stated that he didn't believe the county assessor had looked at this property recently. Real estate
taxes for were delinquent in the amount of $82721, plus penalty and interest. Code Enforcement
estimates the cost to repair the building to be approximately $65,000 to $75,000. The cost for
demolition was estimated to be approximately $6,400 to $9,900. There had also been five summary
abatements issued to this property since 2007, four of which went to work order: to secure the
building and the City had to boud the building to secure it from trespass, boarding, and cut tall
grass and weeds. Mr. Magner stated that there were a lot of concerns about this property from the
adjacent property owners. Code Enforcement recommends the building be repaired or removed
within 15 days. Mr. Magner presented photographs of the property.
Ms. Moermond reviewed the photographs and asked whether the exterior was brick. Mr. Magner
responded that it was asphalt and not real brick.
Ms. Moermond asked far a report from Ms. Spong. Ms. Spong stated that there were several
properties noted in the 1983 survey around this property; however, not on this particular block. She
also believed that this property was not located within the boundaries recommended for historic
designation in the Sazevich survey for the Upper Town historic district. According to the photos, it
appeared that some of the windows were original and that the original siding was under the asphalt
covering; however, the porch had been lost.
Ms. Moermond asked whether this was a fareclosure properiy. Mr. Magner stated that he was
unsure as to whether the property was in foreclosure. He believed the previous owner had died and
left the house in this condition. He believed the heirs had cieaned out the house; however, there
seemed to be no interest in the house. According to his records, the property was sold to John
Skarda in 1978 and there was a quit claim deed to the trustees of John Skarda on April 19, 2007.
The hustees' deed was then given to Philip Skarda. There was a mortgage recorded on May 11,
2Q05, the sheriffls certificate indicated that the mortgage was $169,000 with Deutsch Bank and the
date of sale being July 6, 2007.
Ms. Moermond noted for the record that it appeared the City had been maintaining the properiy
since 2007; that the vacant building fees were due and owing; and that the real estate ta�ces were
also due and owing which was indicative of an irresponsible owner.
August 12, 2008 Legislative Hearing Minutes
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Page 5
Ms. Moermond recommended the building be removed within 15 days with no option for repair.