08-124Council File # �g� ���
Green Sheet # 3047119
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 one and one-half story, wood frame, single family dwelling located on property
4 hereinafter referred to as the "Subject Properiy" and commonly known as 869 WESTNIINSTER
5 STREET. This property is legally described as follows, to wit:
EDMLJND RICE'S FOURTH ADDITION TO THE CITY OF ST. PAUL VAC ST ACCRUING
& THE FOL; S 3 FT OF LOT 8& ALL OF LOT 7 BLK 11
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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 March 31, 2007, the
following are the now lrnown interested or responsible parties for the Subject Property: Hazel
Curtis c/o Iris Terry-Kwatera, 645 Cimarron, Lake Elmo, MN 55042; HRA of St. Paul,
Metropolitan Council Data Center, 390 N. Robert St., St. Paul, MN 55101; State of MN Trust
Exempt, 50 Kellogg Blvd W, Suite 812, St. Paul, MN 55102; Payne Phalen District 5 Planning
Council.
WEEREAS, 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 September 18, 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 October 18, 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 Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and
WIIEREAS, 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
WfIEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul
City Council on Tuesday, January 8, 2008 to hear testimony and evidence, and after receiving
testimony and evidence, made the recommendation to approve the request to order the interested
or responsible parties to make the Subject Property safe and not detrimental to the public peace,
RESOLUTION
CITY OF SAINT PAUL. MINNESOTA �4
og-�a�y
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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 five (5) days after the date of the Council
Hearing; and
WHEREAS, a hearing was held befare the Saint Paul City Council on Wednesday,
February 6, 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 testnnony 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 869 WESTMINSTER 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).
�
7
That the deficiencies causing this nuisance condition have not been corrected.
That Department of Safety and Inspections has posted a placard on the Subject
Property which declares it to be a nuisance condition subject to demolition.
That this building has been routinely mouitored by Deparhnent of Safety and
Inspections, Vacant/Nuisance Buildings.
That the known interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
••� '
The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Subject Property
safe and not detrimental to the public peace, health, safety and welfare and remove its
blighting influence on the community by demolishing and removing the shucture in
accordance with all applicable codes and ordinances. The demolition and removal of the
structure must be completed within five (5) days after the date of the Council Hearing.
D8-12-�
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If the above conective action is not completed within this period of tune Department of
Safety and Inspections is hereby authorized to take whatever steps are necessary to
demolish and remove this stnzcrixre, 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 ar fixtures of any kind which interfere with the demolirion and removal
shall be removed from the properry 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.
a
Requested by Depariment of:
Safety and Inspecrions
Code Enforcement / Vacant Buildings
By:
Form Approved by City Attomey
By:
Adopted by Council: Date °
Adoprion Certified by Council Secretary
By: � .7
Approved by ,�Qyo ate Q
By:
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
OS���`�
S� - Dept.ofSafery&Inspecrions I 05-DEC-07 I Green Sheet NO: 3047119
i Contact Person & Phone:
, Bob Kessler
266-9073
musc tse on councu agend
'I6-JAN-08
Doc. Type: RESOLUTION
E-Document Required: N
Document Contact:
Contact Phone:
� U2DdRTEOi aenc io rerson
0 e t. of Saferi & lns tttions
Assign 1 e t of Saie & Ins ections De artment Director
Number 2 � Attome
For
Routing 3 avor's Office Ma oNASSistant
Order q oancil
5 i Clerk Cti Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
City Council to pass [his resolution which will order the owner(s) to remove [he referenced building(s). If the.owner fails to comply
with [he resolution, the Department of Safety and Inspections is ordered to remove the building. The subject property is located at
869 WESTMINSTER ST .
ioa[ions: Hpprove (H) or k
Planning Commission
CIB Committee
Civil Service Commission
'I. Has Ynis persoNfirm everworked under a contraci for this depadment?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3 Does this personffirm possess a SkiA not normalty possessed 6y aoy
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 bui]ding as defined in Chapter 43 of the Saint Paul
Legislative Code The owners, in[erested parties and responsible parties known to the Enforcement Ofticer were given an order to
repair or remove the building at 869 WESTMINSTER ST by October 18, 2007, and have failed to comply with those orders.
Advantages If Approved:
The City will eliminaCe a nuisance.
Disadvantages If Approved:
Tbe City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special
assessment against the property taxes.
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the commumty.
DisadvanWges If Not Approved:
A nuisance condition will remain wiabaCed in the Ciry. This building(s) will continue to blight the commuuiry.
V• Transaction: Cost/Revenue Budgeted:
Funainy source: Nuisance Housing Abatement A�tivity Number: 001-00257
Financial Information:
(Explain)
January 10, 2008 831 AM Page 1
D8-/ay
SUMMARY FOR PUBLIC HEARING
869 Westminster Street
Legislative Hearing — Tuesday, 3anuary 8, 2008
City Council — Wednesday, February 6, 2008
The building is a one and one-half story, wood frame, single-family dwelling on a lot of 6,970
square feet.
According to our files, it has been a vacant building since September 5, 2006.
The current property owner is Hazel M Curtis, per AMANDA and Ramsey county property
records.
The City of St. Paul has boarded this building to secure it from trespass.
There have been four (4) SUMMARY ABATEMENT NOTICES since 2006.
There have been two (2) WORK ORDERS issued for:
- Removal of refuse
On August 21, 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 September 18, 2007 with a compliance date
of October 18, 2007. As of this date this property remains in a condition which comprises a
nuisance as defined by the legislative code.
The Vacant Building registration fees are paid.
TaYation has placed an estimated market value of $50,000 on the ]and and $60,000 on the
building.
As of January 7, 2008, a Code Compliance inspection has not been completed.
As of January 7, 2008, the $5,000.00 performance bond has 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 $9,540 to $12,540.
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 Enforcement to demolish and assess the costs to the property.
Tax � Properiy Characteristic Information - Structure Description
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> Structure Description
Property Identification 29.29.22.32.0180
Number (PIN)
Property Address 869 Westminster St
St. Paul 55130-4227
Residential Property:
Year Built 1879
# of Stories 1.50
Style One And 3/4 Story
Exterior Wall Asbestos
Total Rooms 7
Total Family Rooms 1
Total Bedrooms 3
Full Baths 2
Half Baths 0
Attic Type
Einished SQ Feet 980
Foundation Size 656
Basement Area Finished
Finished Rec Area
Garage Type
Area (sq.ft.)
Parcel Size .16 Acres
Parcel Width 64.00 Feet
Parcel De¢th 112.00 �eet
Wnd Use Code 510
Land Use Description R- Single Family Dwelling,
Platted Lot
http://rrinfo. co.ramsey.mn.us/public/characteristic/Parcel.pasp?scm=Dweiling&pin=292922... 1 /7/2008
DEPAR't'MENT OF SAFETY AND INSPECTIONS
DickLippert, Manager of Code Enforcement
CTTY OF SAINT PAUL
ChristopherB. Coleman, Mayor
Nuisance Building Enforcement
�gla�{
1600 T�hite BearAve N
Saini Paul, MN 55106
September 18, 2007
Hazel M. Curtis c/o Iris H. Terry-Kwatera
645 Cimarron
Lake Elmo, MN 55042
Tel: (651) 266-7900
Fac: (651) 266-1926
HRA of Saint Paul
Metropolitan Council Data Center
390 N. Robert St.
St. Paul, MN 55101
State Of Mn Trust Exempt
50 Kellogg Blvd W Suite 812
St Paul MN 55102-1657
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 declares the premises located at:
869 WESTMINSTER ST
and legally described as follows, to wit:
EDMUND RICE'S FOURTH ADDITION TO THE CITY OF ST. PAUL VAC ST
ACCRUING & THE FOL; S 3 FT OF LOT 8& ALL OF LOT 7 BLK 11
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 21, 2007, a Building Deficiency Inspecfion Report was compiled and the
following conditions were observed.
This list of deficiencies is not necessarily all the deficiencies present at tlus time. As
first remedial action, a Code Compliance Inspection must be obtained from the
$uilding Inspection and Design Section, 8 Fourth Street East, Suite 200, Commerce
Building (651)266-9090. That inspection will identify spec�c 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
September 18, 2007
869 WESTMINSTERST g �/�i /
page 2 � `t�
This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and
shall not again be used for occupancy untii such time as a Certificate of Compliance or a
Certificate of Occupancy has been issued.
This is a one and one-half story wood frame single family dwelling.
1. The eaves and soffits aze in a state of disrepair or deteriorarion. Repair
all defects, holes, breaks, loose or rotting boards, to a professional state
of maintenance. Permit may be required.
2. The exterior walls and/or trim of the house has defective, peeled, flaked,
scaled or chalking paint or has unpainted wood surfaces. Scrape and
repaint to effect a sound condition in a professional manner.
3. Lack of Elechicity. Immediately restore electrical service. Failure to
provide proper electrical service will result in these premises being
deciared Unfit for Human Habitation and ordered vacated for lack of
this basic facility. Use of candles, fuel operated lighting or extension
cord wiring is not permitted while the power is off.
4. The foundarion is deteriorated, defective or in a state of disrepair.
Repair all foundation defects in a professional manner to a
weather-tight, water-tight and rodent-proof condition. Permit may be
required.
5. FURNACE: Haue a licensed heating contractor service and clean the
furnace or boiler and make any necessary repairs. Perform a C/O test on
the hearing ptant. Then, send the attached form back to the Inspector.
Repair of gas fired appliances requires a pernlit.
6. Lack of Natural Gas Service. Immediately restore nahual gas service.
Failure to provide natural gas service will result in these premises being
declared Unfit for Huxnan Habitarion and ordered vacated for lack of
this basic facility.
G.F.C.I.: The bathroom is lacking an elechical G.F.C.I. ouUet. Pernut
May Be Required.
8. The stairs haue missing or defective handrails. Provide all interior and
exterior stairways and steps of more that three (3) risers with handrails
which aze grippable and installed 34" to 38" above the nose of the stair
treads.
9. The interior ceilings are defective. Repair all ceiling defects and finish
in a professional manner.
September 18, 2007
869 WESTMINSTER ST
page 3
Og'�a�
10. 'The interior walls aze defecrive. Repair all wall defects and finish in a
professional manner.
i l. There is evidence of a rodent infestarion. Immediately exterminate and
eliminate all rodents from the entire building. Remove rodent
harborages in the yard azeas. Tuckpoint the foundation if necessary to
rodent-proof the building to prevent re-infestation. Immediately remove
any dead rodents from the premises.
12. 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.
13. Smoke Detector: Lack of properly installed and operable smoke
detector. Provide functioning smoke detectors in accordance with the
attached requirement, within 24 hours.
14. 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.
I5. The structure is a registered vacant building and must have a Code
Compliance Certificate before the structure may be occupied.
Immediately vacate the structure or obtain a Code Compliance
Certificate from L.I.E.P. You may contact Jnn Seeger at L.I.E.P, for
code compliance inspecrion, 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 criminal smmnonses.
16. Lack of Water Service. Immediately restore water service. Failure to
provide water service will result in these premises being declared Unfit
for Human Habitation and ordered vacated for lack of this basic facility.
17. The window and/or door screens aze 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. Plumbing fixtures with s-trap or lacking a trap. Repair plumbing to
meet code requirements. Peimit required.
19. Open or hazazdous electrical wiring. Repair electrical wiring to meet
code requirements. Permit required.
20. Unsanitary condition throughout the interior, all levels. Clean and
sanitize the interior of house.
September 18, 2007 � �/ ��
869 VJEST'MINSTER ST
page 4
21. Excessive and hazazdous storage throughout the interior, all levels.
Remove excessive storage.
22. The exterior in-ground sanitary sewer sump is plugged. Have sump
repaired and cleaned out. Permit required.
23. Mold on interior walls, ceiling. Remediate all mold.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and
the resulting nuisance condition is not cozrected by October 18, 2007 the Department of
Safety and Inspections, Division of Code Enforcement, will begin a substanrial abatement
process to demolish and remove the building(s}. The costs of this acrion, including
administrative costs and demolition costs will be assessed against the properiy taxes 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 Secfion, 8 Fourth Street, Suite #200, Commerce Building,
(651)266-9090. This inspection will identify specific defects, necessary repairs and legal
requirements to correct this nuisance condition.
As an owner or responsible party, you are required by law to provide full and complete
disclosure of this "Order to Abate" to all interested parties, all present or subsequent
renters and any subsequent owners. If you sell, transfer, or convey in any manner, the
ownership or responsibility for this property, you must within seven (7) days, notify the
Enforcement Officer with the names and addresses of any new owners or responsible
parties.
The Enforcement Officer is required by law to post a piacard on this property which
declazes it to be a"nuisance condition", subject to demolition and removal by the City.
This placard shall not be removed without the written authority of the Department of
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 action is not taken within the time specified in this order, the Enforcement
Officer will notify the City Council that abatement action is necessary. The City Clerk
will then schedule dates for Public Hearings before the City Council at which time
testimony will be heard from interested parties. After this hearing the City Council will
adopt a resolution stating what action if any, it deems appropriate.
If the resolution calls for abatement action the Council may either order the City to take
the abatement acrion 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 administrarive costs will be assessed
against the property as a special assessment in accordance with law.
September 18, 2007
869 WESTMINST'ER ST
page 5
D$�/�
If you have any questions or request addirional information please contact Dennis Senty
between the hours of 8:00 and 930 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 Reseazch
Cindy Carlson - PED Housing
Amy Spong — Heritage Preseryation
ota60135 6/07
0$�la�{
BTD TABCTLAT`TON FOR; Q-26199-5 BTJYER: MARK EVANGELIST ��'
AEMO OP 869:WES`I'riIIINISTER`ST
DSI
BiD OPENII�TG DATE: OCTOBER 30, 2007
Lumb Sum Bid
Buberl Recycling
Robert $uberl
651-439-8399 $ 9,685.00
On�Call
Ro;er Kjellber;
763-780-9197 $11,700.00
Ray Anderson & Sons
Richard Orthmeyer
651-774-2550 �10,900,00
Rayco Excavating
Rory Matter
912-619-1487 $�.9,��V�;�00?�"°
Semple Excavating
Srad Ensrude
651-7721449 $12,360.00
Uzban Co
Crreg Urban
651-248-9830 �12,000,00
�icken hauser Exc
Anna Wickenhauser
952-466-2231 $ 9,650.00
tab/10/31/07/NIE/bm
T.andw•ehr Const: NO BID
IRoger Petezson: NO BID
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STATE OF MINNESOTA
COUNTY OF RAMSEY
Cade Enforcement Division
AFFIDAVIT OF SERVICE
FILE REF. 869 WESTMINSTER ST
Timothy Hedberg, being duly swom says: that on the 15�' day of December, 2007 3:30
PM, I personally served the attached NOTICE OF PUBLIC HEARING upon HAZEL
M CURTIS, therein named at 645 CIMARRON. LAKE ELMO, County of RAMSEY,
State of Minnesota, by hand-delivery said documents to Dwayne Johnson, housemate, an
adult male.
r" '� -= �7'
�- U
Timothy Hedberg/Process Server
Subscribed to and swom
before me this /5��
day of D�r�i ��
2007.
.<<: i /L /
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January 8, 2008 Legislative Hearing Minutes ��� Page 8
8. Ordering the owner to remove or repair the building(s) at 869 Westminster Street within
fifteen (15) days from adoption of resolution.
Mr. Magner stated the building was one and one-half story, wood frame, single-family dwelling on
a lot of 6,970 squaze feet and had been vacant since September 5, 2006. A code compliance
inspection had not been done, the vacant building registration fees were paid and the $5,000
performance bond had not been posted. On August 21, 2007, an inspection of the building was
done and a list of deficiencies which constitute a nuisance condition was developed. An order to
abate a nuisance building was posted on September 18, 2007 with a compliance date of October 18,
2007. 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 of the land to be
approximately $SQ000 and the building to be $60,000. Real estate tases 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 $9,540 to $12,540. There had also been four
suminary abatements issued to this property since 2006, two of which went to work order: to secure
the building and the City had to board the building to secure it from trespass, and to remove refuse.
Code Bnforcement recommends the building be repaired or removed within 15 days. Mr. Magner
presented photographs of the property.
The property owner of record, Hazel M. Curtis, did not appear. No other parties of interest
appeared.
Ms. Moermond asked Mr. Magner why the pictures had the property address listed as 349 Cayuga
Street. Mr. Magner responded that when the Phalen Corridor was developed, the property was
given the new address of 869 Westminster. He explained that Hazel Curtis, the property owner, had
not paid the property taaces and allowed the property to go tas farfeit to the State. Ramsey County
manages the property and has requested the building be demolished. He was also aware that the
HRA had indicated that they wanted to purchase the lot once the building was demolished.
Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner stated the
property had been vandalized and broken into by people seeking shelter.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building was an
eazly 1879 home and from the pictures, it appeared that there were issues with the original integrity
of the building including additions that had been added on.
Ms. Moermond recommended the building be removed within five days with no option for repair.
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CITY OF SAINT PAUL Dg
OFFICE OF THE CITY COUNCIL
Date: January 22, 2008 130 p.m.
To: File
From: Mai Vang
Re: 349 Cayuga (same as 869 Westminster)
Forwarded phone voicemaii from Marcia forwazded by Steve Magner.
Marcia, this is an FYI—on 349 Cayuga, 869 Westminster, same address. iJh, it looks
like they the neighbor may like to see it torn down.
Steve, Michael Dolan, doing another follow-up. I was hoping in trying to catch you
before you had your meeting tonight. Again, I want to touch base with you on the...the
house, it looks like um you're either trying to figure what to do with it. The neighbor to
the south, Aick Kirkland, who owns 850 Terrace Court, probably be interested in seeing
what you guys are thinking you want for it, he'd scrape it, turn it into green space, um
cali me at your eariiest convenience. Cell phone is easiest 612-308-6885. Thanks, Steve.
CTTY HALL THIl2D FLOOR 15 WEST KELLOGG BOULEVARD
SAINT PAUL, MINNESOTA 55102-1615
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AA-ADA-EEO Employer