08-121AMENDED 2/6/08 Council FSIe # � — �� �
Green Sheet #
ESOLUTION
OF I�PAUL, MINNESOTA s >
Presented by
1 WI�.�partment 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 wrecking
3 and removal of a tow and one-half story, wood frame duplex with a detached, two-stall garage
4 located on property hereinafter referred to as the "Subject Property" and commonly lrnown as
5 262 SIDNEY STREET EAST. This property is legally described as follows, to wit:
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LAWTON AND MEYER'S REARRANGEMENT OF BLOCK 25 OF WOODBURY AND
CASE'S ADDITION TO ST. PAUL, MINN LOT 1 BLK 25
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Department of Safety and Inspecrions on ar before March 31, 2007, the
following are the now known interested or responsible parties for the Subject Property: Dean
Garrett, 7324 Howazd Lane, Eden Prairie, MN 55346; Shapiro, Nordmeyer & Zielke, 7300
Metro Blvd., Suite 390, Edina, MN 55439; Barclays Capital Real Estate dba HomEq Servicing,
Special Assets — NC 4742, 701 Coxporate Center Drive, Raleigh, NC 27607; Wells Fargo Bank,
7495 New Horizon Way, Frederick, MD 21702; District 3/ West Side Citizens Organization.
WHEREAS, Deparhnent 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 October 11, 2007; and
WHEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair
or demolish the structure located on the Subject Property by November 12, 2007; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property
declaring this building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Department of Safety
and Inspections requested that the City Clerk schedule public hearings before the Legislarive
Hearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties haue 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, January 8, 2008 and Tuesday, January 29, 2008 to hear testimony
and evidence, and after receiving testimony and evidence, made the recommendation to approve
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the request to order the interested or responsible parties to make the Subject Property safe and
not detrimental to the public peace, health, safety and welfaze 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 demolishing and removing the structure 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 Councii Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
February 6, 2008 and the testimony and evidence including the action taken by the Le�slative
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 conceming the Subject Property at 262 SIDNEY STREET EAST.
That the Subj ect Property comprises a nuisance condirion as defined in Saint Paul
Legislative Code, Chapter 45.
2. That the costs of demolition and removal of this building(s) is estimated to exceed
five thousand dollars ($5,000.00).
That there now exists and has existed multiple Housing or Building code
violarions at the Subject Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then lrnown
responsible parties to correct the deficiencies or to demolish and remove the
building(s).
�
G'�
7
That the deficiencies causing this nuisance condition haue not been corrected.
That Department of Safety and Inspections has posted a placard on the Subject
Property wluch declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Department of Safety and
Inspections, Vacant/Nuisance Buildings.
8. That the known interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the 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 all
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deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in
accordance with all applicable codes and ardinances, or in the altemative by demolishing
and removing the sh in accordance with all applicable codes and ordinances. The
rehabilitation or demolition and removal of the shucture must be completed within
€�eea-(�-5� one-hundred twentv (120) days after the date of the Council Hearing and is
�ranted to the current owner usin� the acceoted wark plan.
If the above conective acrion is not completed within this period of time Department of
Safety and Inspecrions is hereby authorized to take whatever steps aze necessary to
demolish and remove this structure, fill the site and chazge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative
Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, 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.
107 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested
108 parties in accordance with Chapter 45 of the Saint Paul Legisiative Code.
Yeas Na s Absent
Bosffom �
Carter �
Harris ,�
Helgen ,/
Lanhy ,/
Stazk `
Thune �
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Adopted by Council: Date ����j/�
Adoption Certified by Council Secretary
By: —�
Approved
Date
Requested by Department of:
Safety and Inspections
Code Enforcement / Vacant Buildings
By:
Form Approved by City Attomey
By:
Form Approved by Mayor for Submission to Council
B
�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
p$ -12- �
$� —Dept. of Safety & Inspecrions
Contact Person & Phone:
Bob Kessler
266-9013
mus[ ee on councfi Agend�
36�dAN � G
Doc. Type: RESOLUTION
E-Document Required: N
Document Contact:
Conqct Phone:
OSDEC-07
�
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3047120
0 e t of Safe & los ectious
7 e t of Safe & Ins ections De arhnent Director
2 i Attorne ��
3 a oYs Office Ma or/ASSistant
a ounca
5 i Clerk Ci Clerk
Ciry Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolution, the Department of Safety and Inspections is ordered to remove the building. The subject property is
located at 262 SIDNEY ST E.
aanons: r�pprove �s�) or n
Planning Commission
CIB Committee
Civil Service Commission
1 Has this persoNfirtn ever worked under a contract for this department?
Yes No
2. Has this persoNfrm ever been a city employee?
Yes No
3 Does this personlfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 252 SIDNEY ST E by November 12, 2007, and have failed to comply with those orders.
AdvanWges If Approved:
The City will eliminate a nuisance.
Disadvantages If Approved:
The Ciry will spend funds to wreck and remove this building(s). These wsts will be assessed to the proper[y, collected as a special
assessment against the property tases.
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
DisadvanWges If NotApproved:
A nuisance condition will remain unabated in the Ciry. This building(s) will continue to blight the wmmunity.
� _
Transaction:
Funding source: Nuisance Housing Abatemen
Financial Information:
(Explain)
Activity Number: 001-00257
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CosURevenue Budgeted:
December 5, 2007 3:18 PM Page 1
a s-lal
SUMMARY FOR PUBLIC HEARING
262 Sidney Street East
Legislative Hearing — Tuesday, January 8, 2008
City Council — Wednesday, February 6, 2008
The building is a 2'/2 story, wood frame, duplex with a detached two stall garage on a lot of 4,356
squaze feet.
According to our files, it has been a vacant building since June 22, 2005.
The current property owner is Dean Garrett, per AMANDA and Ramsey county property records.
The City of St. Paul has boarded this building to secure it from trespass.
There haue been seventeen (17) SiJMMARY ABATEMENT NOTICES since 2005.
There have been seventeen (17) WORK ORDERS issued for:
- Removal of snow and ice
- Removal of tall grass and weeds
- Removal of refuse
- Graffiti
On September 6, 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 October 11, 2007 with a compliance date of November 12,
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 aze delinquent in the amount of $1,125.00.
Tasation has placed an estimated market value of $40,'700 on the land and $99,900 on the building.
As of July 19, 2005, a Code Compliance inspection has been completed.
As of 3anuary 7, 2008, the $5,000.00 performance bond had not been posted.
Real Estate taxes are current.
Code Enforcement Officers estimate the cost to repair this structure is $75,000-$80,000. The estimated
cost to Demolish is $8,700 to $11,700.
NHPI, Division of Code Enforcement Resolution submitted for consideration orders the property
owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes the
Division of Code Enfarcement to demolish and assess the costs to the property.
Ta� & Properiy Chazacteristic Information - Structure Description
Page 1 ot 2
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Tax & Property Characteristic Information -
Structure Description
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Nista�
> Structure Description
property Identification 08.28.22.42.0151
Number (PIN)
Property Address 262 Sidney St E
St. Paul 55107-3149
Residential Property:
Year Buiit 1908
# of Stories 1.50
Styie One And 3/4 Story
Facterior Wall Aluminum/vinyl
Total Rooms 9
Total Family Rooms 0
Total Sed�ooms 3
Full Baths 2
Half Baths 0
Attic Type
Finished SQ Feet 1354
Foundation Size 820
Basement Area Finished
Finished Rec Area
Current Propert�Tax
Stateme�t/Value Notice
2006 Property Tax
S tatement/Value Natice
2005 Proc�ertv Tax
StatementJValue Notice
2004 Propertv Tax
Statement(Value Notice
Garage Type Detached
Area (sq.ft.) 352
Parcel Size .10 Acres
Parcel Width 37.00 Feet
Parcel Depth 123.00 Feet
Land Use Code 520
Land Use Description R- Two Family Dwelling,
Platted Lot
http://rrinfo.co.ramsey.mn.us/public/characterisfic/Parcel.pasp?scm=Dweliing&pin=082822... 1 /7/2008
DEPARTMENT OF SAFETY AND INSPECTIONS
Dick Lippert Manager of Code Enforcement
CITY OF SAINT PAUL
Christopher B. Co(eman, Mayor
Nuisance Bu:lding Enforcement
� ��v �
1600 White Bear Ave N
Saint Paul, MIJ 55106
October 11, 2007
Dean Garrett
7324 Howazd Ln
Eden Prairie NIN 55346-3033
Shapiro, Nordmeyer & Zielke
7300 Metro Blvd. Suite 390
Edina, MN 55439
Tel: (651) 266-1900
Fax: (651) 266-1926
Barclays Capital Real Estate Inc Wells Fazgo Bank NA
Dba HomEq Servicing 7495 New Aorizon Way
Special Assets — NC 4742 Frederick, MD 21702
701 Corporate Center Drive
Raleigh, NC 27607
Order to Abate Nuisance Building(s)
Deaz: Sir or Madam
The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections,
Division of Code Enforcement, hereby deciares the premises located at:
262 SIDNEY ST E
and legally descrbed as follows, to wit:
LAWTON AND MEYER'S REARRANGEMENT OF BLOCK 25 OF WOODBURY AND CASE'S
ADDITION `r0 ST. PAUL, MINN LOT 1 BLK 25
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 September 06, 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 Secfion, 8 Fourth Street East, Suite 200, Commerce Building (651)266-9090. That
inspection wi11 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.
AA-ADA-EEO Employer
October 11, 2007
262 SIDNEY ST E
page 2
D��l�-I
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 ar a Certificate of
Occupancy has been issued.
This is a two and half story, wood frame duplex with a detached, two-stall, garage.
l. 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 the edges
and fistures.
2. Lack of Electricity. Immediately restore electrical service. Failure to provide proper
electrical service will result in these premises being declared Unfit far Human Habitation and
ordered vacated for lack of this basic facility. Use of candles, fuel operated lighting or
extension cord wiring is not permitted while the power is off.
3. The exterior walls and/or trim of the house and/or garage has defecrive, peeled, flaked, scaled
or chalking paint or has unpainted wood surfaces. Scrape and repaint to effect a sound
condition in a professional manner.
4. FURNACE: Have a licensed heating contractor service and clean the fiunace or boiler and
make any necessary repairs. Perform a C/O test on the heating plant. Then, send the attached
form back to the Inspector. Repair of gas fired appliances requires a permit.
5. G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. outlet. Permit May Be Required.
6. The interior ceilings are defective. Repair all ceiling defects and finish in a professional
manner.
7. There is evidence of a rodent infestation. Immediately exterminate and eliminate all rodents
from the entire building. Remove rodent hazborages in the yard areas. Tuckpoint the
foundation if necessary to rodent-proof the building to prevent re-infestation. Ixnmediately
remove any dead rodents from the premises.
8. 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.
9. The stairs have missing or defective handrails. Provide all interior and exterior stairways and
steps of more that ttiree (3) risers with handrails which are grippable and installed 34" to 38"
above the nose of the stair treads.
10. Smoke Detector: Lack ofproperly installed and operable smoke detector. Provide functioning
smoke detectors in accordance with the attached requirement, within 24 hours.
11. DEFECTIVE STAIRS. Stairs aze broken, defective, or in disrepair. Repair in a professional
manner.
October 11 2007
262 SIDNEY ST E
page 3
1'ljd'�(a �
12. 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.
13. The windows and/or storm windows are in a state of disrepair. Replace all missing or broken
window glass. Make all necessary repairs to frames, sashes, hardware and associated trim in a
professional manner. Pernut may be required.
14. The interior walls are defecrive. Repair all wall defects and finish in a professionai manner.
15. There is an uncapped gas line. Properly cap abandoned gas line.
16. There are unapproved electrical adaptors in light fixtures. Remove.
17. There is open, exposed electrical wiring. Repair or replace elechic system to current code
requirements. Permit required.
18. The incoming water line open; leaking plumbing lines; no water hut-offs for the kitchen sink;
missing fixtures in bathroom. Repair or replace plumbing system to meet current code
requirements
19. The bathroom walls, ceiling and floor aze incomplete. Repair to meet code requirements.
Permit required.
20. The structure is a registered vacant building and must have a Code Compliance Certificate
before the struchue may be occupied. Immediately vacate the structure or obtain a Code
Compliance Certiticate from L.I.E.P. You may contact Jim Seeger at L.I.E.P. for code
compliance inspection, pemuts, 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 shucture may result in issuance of criminal sununonses.
As owner, agent or responsible pariy, you are hereby notified that if these deficiencies and
the resulting nuisance condifion is not corrected by November 12, 2007 the Department
of Safety and Inspections, Division of Code Enfarcement, will begin a substantial
abatement process to demolish and remove the buiidang(s). The costs of this action,
including administrative costs and demolirion costs will be assessed against the property
taYes as a special assessment in accordance with law.
As first remedial action, a Code Compliance Inspection Report must be obtained from the
Building Inspection and Design Section, 8 Fourth Street, Suite #20Q Commerce
Building, (651)266-9090. This inspection will identify specific defects, necessary repairs
and legal requirements to correct this nuisance condirion.
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
AA-ADA-EEO Empioyer
October 11, 2007
262 SIDNEY ST E /
page 4 b� �/ �"�
renters and any subsequent owners. If you sell, transfer, or convey in any manner, the
ownership or responsibility for this property, you must within seven (7) days, notify the
Enforcement Officer with the names and addresses of any new owners or responsible
parties.
The Enforcement Officer is required by law to post a placard on this property which
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 Deparhnent of
Safety and Inspecrions, Division of Code Enfarcement. The deparhnent is fixrther
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 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 heazd from interested parties. After this hearing the City Council will
adopt a resolution stating what action if any, it deems appropriate.
If the resolution calls for abatement action the Council may either order the City to take
the abatement action or fix a time within which this nuisance must be abated in
accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and
provide that if corrective action is not taken within the specified time, the City shall abate
this nuisance. The costs of this action, including administrative costs will be assessed
against the property as a special assessment in accordance with law.
If you have any questions ar request additional information please contact Dennis Senty
between the hours of 8:00 and 9:30 a.m. at 651-266-1930, or 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 - PBD Housang
Amy Spong — Heritage Preservation
oTa60135 6/07
OFFICE OF LICENSE, INSPECTIONS AND /
ENVIRONMEN"CAL. PROTECI'ION � .�/a-
Janeers E. Rosas. Dmecmr
SAINi
cwu�
�
f1ANf1
CITY OF SAINT PAUL
Randy C. Kelly. Mayor
July 19, 2005
MR DEAN GARRETT
7324 HOWARD LANE
EDEN PRAIRIE MN 55346
Re : 262 Sidney Street East
File # : OS 122454 VB2
Dear Property Owner:
COMMERC6BUILDlNG Telephone: 651-266-9090
8 Fowth St E. Sune 20D Facsimile� 657-2669724
Samt Paul, Minnuota 55107-1024 Web: www.ci stpaul mn.¢c�hep
Pursuant to your request the above-referenced property was inspected and the following report is
submitted:
BUILDING
1. Install new roof covering on both the house and garage and vent roof to Code.
2. Have asbestos tile removed from basement by qualified person.
3. Clean and seal floor and walls in basexnent.
4. Remove cardboard from basement ceiling and remove drywall from walls.
5. Instail vapor barrier in crawl space.
6. Remove carpet from basement stairs and floor.
7. Install a handrail on basement stairs to Code.
8. Replace all caspeting on fust floor. •
9. Install tempered glass in window in stairs to second floor.
10. Repiace rear and front doors on install storm doors to Code.
11. Install window in second floor kitchen where there is only a stotm window.
12. Install grippable handrail to full length of stairs on outside wall of stairs to second floor.
13. Install twenty-minute fire rated doors, with a self closing device, from common azeas into
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
units.
Replace reaz outside stairs to Code.
Redirect down spouts to remove water from west side of house.
Install new overhead and service doorsin garage.
Repair retaiuiug wall as needed.
Remove rubbish from behind garage.
Repair walls and ceilings throughout, as necessary.
Tuck Point interior/exterior foundation.
Repair soffit, fascia trim, etc. as necessary.
Provide hand and guardrails on all stairways and steps as per attachment.
Provide thumb type dead bolts for all enhy doors. Remove any surface bolts.
�8 -1 a I
MR DEAN GARRETT
262 SIANEY STREET EAST
NLY 19, 2005
PAGE TWO
24. Kepair or replace any deteriorated window sash, broken glass, sash holders, re-putty etc. as
necessary.
25. Provide storms and screens complete and in good repair for all door and window openings.
26. Fire block construcrion as necessary.
27. Where wall and ceiling covering is removed, attic, replace doors and windows, (insulation,
glass, weather stripping, etc.) shall meet new energy code standards.
28. Prepare aud paint interior and exterior as necessary (take the necessary precautions if lead
base paint is present).
29. Habitable rooms with new usage, replaced windows shall have glass azea equal to 8% of
floor azea, or a iuiuimum of 8 sq. ft., one-half of which shall operate and all bedroom
windows shall meet emergency egress requirements (20" wide miuimum, 24" high
minimum but not less than 5.7 sq. ft. overali).
30. Provide general clean-up of premise.
31. Provide smoke detectors as per the Minnesota State Building Code.
32. Provide general rehabilitation of garage.
ELECTRICAL
1. Upgrade service to 100 amp.
2. Relocate #2 service panel to second floor.
3. Repair rain gutter to clear service wires.
4. Ground service panels to Code.
5. Bring both units to Bulletin 80-1 standards.
6. Eliminate all hazardous wuing.
7. Insure proper fuses or breakers for all conductors.
8. Repair or replace atl broken, missing or loose fixtures, devices, covers and plates.
9. Check a113-wire outlets for proper polarity and ground.
10. Throughout building, install oudets and fistures as per Bulletin 8�-1.
11. Install smoke detectors as per Bulletin 80-1 and UBC.
12. Electrical work requires a Permit and inspections.
PLUIVIBING
1. Water heater temperature and pressure relief valve dischazge piping incorrecf.
2. Correct gas venting at water heater to Code.
3. Vent water heater to Code.
4. Raise water meter out of pit.
Dg-l�l
MR DEAN GARRETT
262 SIDNEY STREET EAST
JLTLY 19, 2005
PAGETHREE
5. Provide proper water pipe siaing.
6. Provide one inch (1") water piping size to first ma}or takeoff.
7. Soil and waste piping has no front sewer cleanout; no soil stack base cleanout.
8. Raise front cleanout to grade.
9. Remove saddle valves from water piping at laundry tub.
10. Support vent piping at laundry tub every 32 inches.
11. Vent first floor toilet and bathtub to Code.
12. Provide an anti-scald, pressure balanced tub and shower faucet.
13. Correct waste at second floor shower to Code.
14. Provide an anri-scald, pressure balanced faucet for second floor shower.
HEATING
1. Return air from dwelling unit shall not be dischazged into another dwelling unit.
2. Install separate heating system for second floor dwelling unit.
3. Provide documentation that first floor bathroom e�aust is offering correctly.
4. Ciean and Orsat furnace burner. Check all controls for proper operation. Submit report.
5. Tie fuivace/boiler and water heater venting into chimney liner.
6. Provide adequate clearance from flne vent pipe on fiituace to combustible materials or
provide approved sluelding according to Code.
7. Recommend adequate combustion air.
8. Provide support for gas lines to Code. Plug, cap and/or remove all disconnected gas lines.
9. Recommend piping gas regulator vent(s) to outside of building.
10. Repair and/or replace heating registers as necessazy.
11. Appropriate Mechanical and Wazm Air Pernuts aze required for this work.
12. Clean all suppiy and return ducts.
ZONING
1. This properry was inspected as being a legal non-conforming duplex.
D�'1� �
MR DEAN GARRETT
262 SIDNEY STREET EAST
NLY 19, 2005
PAGEFOUR
NOTES
1. See attachment for pemut requirements.
2. There was considerable storage/clutter within property at the time of the inspecAOn. 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,
James L. Seeger
Code Compliauce Officer
JLS:sla
Attachments
(1 2/3/20 0 7) Steve Magner - 26223TAB.xIs Page 1;
t�-121
BID TABULATION FOR: Q-26223-5 BLTYER: MARK EVANGELIST
DEMO OF-262°�ID:�EX`3TE>,
DIS
BID OPENI[�TG DATE: IvTOVEMBER 29, 2007
:�
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BUBERL
[FFIN CONTRACTING
JOHNSEN
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GER KJILLBERG
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-619-1487
GER PETERSON CONST
GER PETERSON
.E EXCAVATING
ENSRUD
11
SPECKSON
-5255
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COMPANIES INC
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STATE OF MINNESOTA
COUNTY OF RAMSEY
Code Enforcement Division
AFFIDAVIT OF SERVICE
FILE REF. 262 Sidnev St E
Timothy Hedberg, being duty sworn says: that on the 8" day of December, 2007 at 1137
AM, I personally served the attached NOTICE OF' PUSLIC HEARING upon Dean
Garre therein named at 7324 Howard Lane Eden Prairie, Gounty of Hennipen, State of
Minnesota, by personally handing said documents to lum.
�f1�i /..� �I, �i�- .
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Subscribed to and sworn
before me this �
day of �,.=��wi,�j,�/"
2007.
d�c.Xr
NOT Y
„v�caz�.,.,..�:ra;�,�;..�v.s�.d .�_�.,,_..
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January 8, 2008 Legislative Aearing Minutes D� � � a-� Page 5
5. Ordering the owner to remove or repair the building(s) at 262 Sidnev Street East within
fifteen (15) days from adoption of resolution.
Mr. Magner stated the building was a two and one-half story, wood frame, duplex with a detached
two-stall garage on a lot of 4,356 square feet and had been vacant since June 22, 2005. A code
compliance inspection had been done on July 19, 2005. The vacant building registration fees were
delinquent in the amount of $1,125 and the $5,000 performance bond had been posted on January 7,
2008. On September 6, 2007, an inspection of the building was done and a list of deficiencies
which constitute a nuisance condirion was developed. An order to abate a nuisance building was
posted on October 11, 2007 with a compliance date of November 12, 2007. To date, the property
remained in a condition which comprised a nuisance as defined by the Legislative Code. Ramsey
County Tasation estimated the mazket value of the land to be approximately $40,700 and the
building to be $99,900. Real estate taaces aze current. Code Enforcement estimates the cost to
repair the building to be approximately $75,000 to $80,000. The cost for demolition was estimated
to be approximately $8,700 to $11,700. There had also been 17 summary abatements issued to this
property since 2005, 17 of which went to work order: to secure the building and the City had to
board the building to secure it from trespass, remove snow and ice, remove tall grass and weeds,
remove and refuse, and remove graffiti. Mr. Magner stated he had just received a letter from Mary
Jaskowiak, Wells Fargo, which was addressed to the mortgagors stating the following: "Wells
Fargo Home Mortgage, a division of the Wells Fargo Bank, N.A., is in receipt of the attached notice
from the City/County of above reference." Attached to the notice was a copy of the public hearing
notice that was sent to Wells Fargo, N.A. The letter went on to say: "When this violarion has been
satisfied, please send Wells Fargo Home Mortgage proof of this form from the City/County. Your
compliance is expected in the next 30 days." Mr. Magner stated that the letter was sent to Jason
Ewert and Ann Hurst, 262 Sidney Street West and that he was merely copied on it. Code
Enforcement recommends the building be repaired or removed within 15 days. Mr. Magner
presented photographs of the property.
Ms. Moermond asked that when the owner and encumbrance report was done, if it indicated how
long this property was in foreclosure. She also asked who the notifications and the summary
abatements were sent to. Mr. Magner stated that they had Dean Garret in Eden Prairie, who is the
listed owner; the taac owner is listed as HomEq and Wells Fargo is the mortgage company; Shapiro,
Nordmeyer & Zielke is listed as the foreclosure attorney. Since Dean Garret was srilllisted as the
owner of record, the redemption period would not have expired.
Ms. Moermond stated that she had recently met with the community liaison for Wells Fargo and she
requested a list of the properties that were not being maintained by them. It appeared that they did
have some responsibility for this property in maintaining their asset. Mr. Magner responded that
everyone on the owner and encumbrance report was notified of these proceedings. If they had
written off this asset, sold it or were not responding to the notices, he did not haue this information.
Ms. Moermond asked if there had been any additional summary abatement notices issued to this
property since the order to abate was done on October 11. Mr. Magner responded that there was a
work in September and work orders in December.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that latest survey information
was done in 1983 and there were scattered sites that had been recommended for fiirther evaluarion.
This building had not been inventoried or surveyed. She could see from the limited pictures, it
January 8, 2008 Legislative Hearing Minutes (� �'� �� Page 6
appeared that there had been some serious alterations and integrity issues. However, since this
building was on a corner lot, she believed it strengthened the neighborhood.
The property owner of record, Dean Garret, did not appeaz. No other parties of interest appeared.
Ms. Moermond recommended the building be removed within 15 days with no oprion for repair.
January 29, 2008 Legislative Hearing Minutes �$�� 4! Page 2
1. Ordering the owner to remove or repair the building(s) at 262 Sidnev Street East within
fifteen (15) days from adoption of resolution. (Legislative Hearing held January 8)
Ryan Krmzuie, attomey with Shapiro, Nordmeyer & Zielke, appeared on behalf of HomEq Loan
Servicing. Tim Folkensen appeared as the realtor hired by HomEq to mazket the property.
Mr. Magner stated that this address was heard at the January 8 Legislative Hearing and no one
appeazed. The recommendation was to remove the building within 15 days with no option for
repair. Mr. Magner read into the record the sununary on the history of this property.
Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner stated that
the inspector referred this property to vacant buildings as the building was vacant; doors, windows
and roof were deteriorated; numerous exterior violarions; the garage was open; and tall grass and
weeds.
Ms. Moermond asked Mr. Magner whether he believed a new code compliance inspection would be
necessary since it had been performed in June, 2005. Mr. Magner responded that he would haue to
defer to the inspector far this property as he was unaware as to whether the condition of the building
had further deteriorated.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building was a 1908
workers cottage which appeared to be substantially gutted. From the photos, she could not see any
azchitectural significance and it appeared there was a tremendous loss of integrity. This building
had not been inventoried and was not locally designated. There were three properties that were
within one block from this property which had been surveyed and did haue some potential.
Mr. Krumrie stated HomEq Servicing serviced the loan for the mortgage company, Wells Fargo
Bank. The property went into foreclosure and the sale occurred in June, 2007 and at that time, Mr.
Garret was stillliving at the property and they did not recommend reducing the redemption period.
Ms. Moermond stated that if Mr. Garret had been living at the property, he was doing so illegally
and from the number of siumnary abatement orders that went to work order, he truly was not
maintaining the property. She suggested to Mr. Krumrie that they search City records to determine
whether properties had been listed as a vacant building and even though the bank did have rights to
maintain the property, it appeared they failed to do so.
Mr. Krumrie stated that the redemption period expired in December, 2007 and when he had
received the notice on the arder to abate, he contacted his client and they did not respond. They did
respond on January 9, the day after the Legislative Hearing. He called Ms. Sheffer to request a new
hearing date and said they had hired Tim Folkensen that day to maintain and market the property for
sale.
Ms. Moermond asked whether the vacant building fees had been paid. Mr. Magner responded that
there was no indication that the vacant building fees had been paid. The performance bond had
been posted on Januazy 16.
Mr. Folkensen stated that the bond had been posted and he requested the vacant building fees also
be paid. He did not have any record as to whether those fees had been paid. He had received a
7anuary 29, 2008 Legslative Hearing Minutes
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preliminary bid in the amount of $50,006 to convert the properiy back to a single-family dweiling
which he believed the property could then be mazketed for approximately $150,000 to $160,000.
The inside had been totally gutted and was ready to be fixed up. It was his understanding that the
previous reattor had marketed the property for $60,000 and a bid had heen received. He
recommended to HomEq that they not accept the offer and instead, rehabilitate the pmperty.
HomEq, in turn, was requesting that they be aliowed the rime to sell the property for $60,000 to a
licensed contractor to rehabilitate the property as they wanted to get rid of the property.
Ms. Moermond ciarified that Mr. Folkensen was not going to do the rehabilitation, the bank wanted
to sell the property to someone else to do the rehab. Mr. Folkensen responded that this was conect.
He was in the process of putting together a work plan when HomEq indicated to him that they
wanted to sell it to someone else to do the rehab.
Mr. Magner stated that the potential buyer was not at fhis hearing to prove that fhey had auailable
fmancing or the ability to complete the rehab. Mr. Folkensen responded that if this was not
acceptable, HomEq was prepared to go ahead with the rehabilitation of the property and then would
market the property for sale.
Ms. Moermond stated Chat there was no work plan or financial commirinent to do the rehabilitation,
the vacant building registtarion fees had not been paid, and the property had not been maintained.
The hearing had heen continued so that a work pian and financials could be presented and this had
not been done.
Mr. Foikensen staCed that he had the bid from the contractor which he believed was approximately
$50,000 to rehab the property. Ms. Moermond asked whether there was a$SO,OOQ commihnent to
finance the project. Mr. Folkensen responded that HomEq was committed to finance the rehab.
Ms. Moermond responded that HomEq would need to make a commitment to put $50,000 to the
rehabifitation of this property. The vacant building fees would also need to be paid.
Mr. Folkensen stated that he believed he could have everything to Ms. Moermond within 72 hours,
if this was acceptable. Ms. Moermond responded she would need time to review the documentation
and wouid let him know whether it was acceptabie. The commitment wouid need to come from
HomEq and she was not wiiling to grant time to any potentiai buyer. If the properry was sold, she
would require them to norify her and another hearing would need to be scheduled.
Mr. Magner stated that the vacant buiiding registration fees in the amount of $1,125 needed to be
paid and the vacant building registration form needed to be filied out and filed with his office. He
pointed out that the letter HomEq had provided for financing 763 Fu11er did not indicate that the
specific amount of money was being set aside to rehabilitate that property. Ms. Moermond stated
that if HomEq provided a letter such as tlus for 262 Sidney, it would not be accepted.
Ms. Moermond recommended granting 180 days from the time the bond was posted conditioned on
the following being provided by Friday, February 1: 1) vacaut bnilding registration fees must be
paid; 2) vacant builcling registration form must be filled out; 3) provide financial documentation
dedicating the funding to complete the repairs; 4) a work plan with timelines must be completed;
and 5} the property must be maintained.