08-162Council ISle # � �/��
Green Sheet#3047673
RESOLUTION
��
Pzesented
MINNESOTA
�u
1 WF�REAS, 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 wrecl�ng
3 and removal of a two story, wood frame, single family dwelling located on property hereinafter
4 referred to as the "Subject Property" and commonly known as 902 ALBEMARI.E STREET.
5 This property is legally described as follows, to wit:
6
'7 MCKENTY'S OUT LOTS TO ST. PAUL LOT 23 BLK 1
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WI-IEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Deparhnent of Safety and Inspections on or before Apri12, 2007, the
following are the now known interested ar responsible parties for the Subject Property: Us Bank
Nat Assoc TrusteelCo Chase Home Finance LLC, 10790 Rancho Bernardo Rd, San Diego, CA
92127; Peterson, Fram & Bergman, PA, 55 E. 5`" Street #800, St. Paul, MN 55101; Pa Houa
Vue, 902 Albemarle Street, St. Paul, MN 55117; District 6 Planning Council.
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 24, 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 shucture located on the Subject Property by November 26, 2007; and
WHEREAS, the enforcement officer has posted a placazd 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
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislarive Hearing Officer of the Saint Paul
City Council on Tuesday, January 29, 2008 to hear testimony and evidence, and after receiving
tesrimony and evidence, made the recommendation to approve the request to order the interested
ar responsible parties to make the Subject Property safe and not detrimental to the public peace,
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health, safety and welfaze 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 sriucture to be completed within fdteen (15) days after the date of the Council
Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
February 20, 2008 and the testunony and evidence including the action taken by the Legislative
Hearing Officer was considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and
Order conceming the Subject Property at 902 ALBEMARI.E 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 lrnown
responsible parties to correct the deficiencies or to demolish and remove the
building(s).
5. That the deficiencies causing this nuisance condition have not been conected.
6. 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.
7. That this building has been routinely monitored by Department of Safety and
Inspections, Vacant/Nuisance Buildings.
8. That the lrnown 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 Paui 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 sriucture in
accordance with all applicable codes and ordinances. The demolition and removal of the
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structure must be completed within fifteen (1� days after the date of the Council
Hearing.
2. 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 are necessary to
demolish and remove this structure, fill the site and charge the costs incurred against the
Subj ect 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 tlus time
period. If all personal property is not removed, it shall be considered to be abandoned
and the City of Saint Paul shall remove and dispose of such property as provided by law.
4. It is 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 Depariment of:
Adopted by Council: Date '?� '�� � .�
Adoprio ertified by C unc' Se� �-
By:
Approv b Dat LL (�
By:
Safety and Inspections
Code Enforcement ! Vacant Buildings
By:
Form Approved by Ciry Attorney
By:
Form Appxoved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
(�'�jGa`
$� —Dept of Safety & Inspec:tions � 24DEC-07
Contad Person & Phone:
Bob Kessler
266-9013
MYSI CE on (:OIlflCil Agfptl
20.FE6-08
Doc. Type: RESOLUTION
E-0ocument Required: N
Document Contact:
CoMad Phone:
y
Assign
Number
For
Routing
Order
ToW I# of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3047673
0 �� eptofSatetv&Inspections
1 ept of Safetv & Inspections Deoarhnent D'vector
2 � Attome
3 ror's Oifice � MavodAssistant i
4 oancil
5 'N Clerk I CtitY Clerk
CiTy Council to pass this resolurion which will order the owner(s) to remove the referenced building(s). If the owner fails to comply
with the resolution, the Department of Safery and Inspections is ordered to remove the building. The subject property is located at
902 ALBEMARLE ST.
ioanons: Npprove (n) or rt
Planning Commission
CIB Committee
Civil Service Commission
t. Has this person/firm ever worked under a contrad forthis depariment?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Expiain all yes answers on separste sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Whb, What, When, Where, Why):
Tlus 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
Legislarive Code. The owners, interested parties and responsible parties laiown to the Enforcement Officer were given an order to
tepair oc remove the building at 902 ALBEMAItLE ST by November 26, 2007, and have failed to comply with those orders.
AdvanWges IfApproved:
The City will eliminate a nuisance.
Disadvantages If Approved:
The 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 taYes.
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the communiry. �
DisadvanWges If NotApproved:
A nuisanoe condition will remain unabated in the Ciry. This building(s) will conrinue to blight the community.
� Transaction: CostlRevenue Budgeted:
Funding source: NuisanCe Housing Abatement Activity Number: 001-00257
Financial Information:
(Explain)
February 7, 2008 1:02 PM Page 1
DEPARTMENT OF SAFETY AND INSPECTIONS
Dick Ltppert Manager of Code Enfarcement
CITY OF SAiNT PAUL
Nuisance Bv.ilding Enforcement
Christopher B. Coleman, Mayor
1600 White Bear Ave N
Saint Pau1, MN 55106
i
December 21, 2007
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
���� O�
Tel. (651) 266-1900
Fczx: (651) 266-1926
Department of Safety and Inspections, Vacant/Nuisance Buildings Enforcement Division has
requested the City Council schedule public hearings to consider a resolution ordering the repair
or removal of the nuisance building(s) located at:
902 ALBEMARLE ST
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, January 29, 2008
City Council Hearing - Wednesday, February 20, 2008
The owners and responsible parties of record aze:
Name and Last Known Address
Us Bank Nat Assoc Trustee/Co Chase Home
Finance LLC
10790 Rancho Bernardo Rd
San Diego CA 92127-7006
Peterson Fram & Bergnan
55 E. S Street #800
St. Paul, NiN 55101
Pa Houa Vue
902 Albemarle St
St Paul MN 55117-5316
District 6 Planning Council
district6na,qwestoffice.net
Interest
Fee Owner
Foreclosure Attorney
Homesteader
District Council Contact
AA-ADA-EEO Employer
�-/� a�
902 ALBEMARI,E ST
December 21, 2007
page 2
The legal description of this property is:
MCKENTY'S OUT LOTS TO ST. PAUL LOT 23 BLK 1
The Department of Safety and Inspections has declared this building(s) to consritute a"nuisance"
as defined by Legislative Code, Chapter 45. The Department of Safety and Inspections has
issued an order to the then lrnown responsible parties to eliminate this nuisance condition by
conecting the deficiencies or by razing and removing this building(s).
The property was re-inspected on November 28, 2007. There was no compliance and the
nuisance condition remains unabated, the community continues to suffer the blighting influence
of this property. It is the recommendation of the Department of Safety and Inspections that the
City Council pass a resolurion ordering the responsible parties to either repair, or demolish and
remove this building in a timely manner, and failing that, authorize the Deparlment of Safety and
Inspections to proceed to demolition and removal, and to assess the costs incurred against the
real estate as a special assessment to be collected in the same manner as taxes.
Sincerely,
Steve Magner
Steve Magner
Vacant Buildings Manager
Department of Safety and Inspections
SM:nm
cc: Chad Staul, City Attorneys Office
Mary Erickson, Assistant Secretary to the Council
Cindy Carlson, PED-Housing Division
Nancy Homans, Invest St. Paul
District Council — Community Organizer
pubhrng60183 12/07
tJFS -/� a
SUMMARY FOR PUBLIC HEARING
902 Albemarle Street
Legislative Hearing — Tuesday, January 29, 2008
City Council — Wednesday, February 20, 2008
The building is a two-story, wood frame, single-family dwelling on a lot of 3,049 square feet.
According to our files, it has been a vacant building since July 9, 2007.
The current property owner is US Bank NA, c/o Chase Home Finance LLC, per AMANDA and
Ramsey county property records.
The City of St. Paul has boazded this building to secure it from trespass.
There have been three (3) SUMMARY ABATEMENT NOTICES since 2007.
There have been four (4) WORK ORDERS issued for:
- Removal of refuse
- Removal of tall grass and weeds
On October 8, 2007, an inspection of the building was conducted, a list of deficiencies which
constiYute a nuisance condition was developed and photographs were taken. An ORDER TO
ABATE A NUISANCE BUILDING was posted on October 24, 2007 with a compliance date of
November 26, 2007. As of this date this property remains in a condition which comprises a
nuisance as defined by the legislative code.
The Vacant Building registration fees are delinquent in the amount of $250.00.
Tasation has placed an estimated market value of $36,900 on the land and $77,500 on the
building.
As of January 28, 2008, a Code Compliance inspection has not been completed.
As of January 28, 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 $40,000-$50,000. The
estimated cost to Demolish is $10,000 to $12,000.
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.
DEPARTMENT OF SAFETY AND INSPECTIONS
Dick Lippert, Manager of Code Enforcement
CITY OF SAINT PAUL
Christopher B. Coleman, Mayar
Nuisance Buildzng Enforcement
�O'/[.c �"
l600 White Bear Ave N
Saint Paul, MN 55106
October 24, 2007
Pa Houa Vue
902 Albemarle St
St Paul MN 55117-5316
Tel. (651) 266-1900
Fax. (651) 266-1926
Peterson, Fram & Bergman, PA
55 E. 5` Street #800
St. Paul, MN 55101
U.S. Bank National Association
c/o Chase Home Finance, LLC
10790 Rancho Bemardo Rd
San Diego, CA 92127
Order to Abate Nuisance Building(s)
Dear: 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:
902 ALBENIARI,E ST
and legally described as follows, to wit:
MCKENTY'S OUT LOTS TO ST. PAUL LOT 23 BLK 1
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 October 8, 2007, a Building Deficiency Inspection Report was compiled and the
following conditions were observed.
This list of de�ciencies is not necessarily all the deficiencies present at this
time. As first remedial action, a Code Compliance Inspection must be
obtained from the Building Inspection and Design Section, 8 Fourth Street
East, Suite 200, Commerce Building (651)266-9090. That inspection will
identify specific defects, necessary repairs and legal requirements to
correct this nuisance condition. You may also be required to post a five
thousand dollar ($5,000.00) performance bond with the Building
Inspection and Design Office before any permits are issued, except for a
demolition permit.
AA-ADA-EEO Employer
October 24, 2007
402 ALBEMARLE ST
page 2
Of��l(�3-
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.
L The exterior walls and/or trim of the house andJor garage has defective,
peeled, flaked, scaled ar chalking paint or has unpainted wood surfaces.
Scrape and repaint to effect a sound condition in a professional manner.
2. The exterior walls of the house and/or gazage are defective. Repair all
holes, breaks, loose or rotting siding, to a professional state of
maintenance.
The windows and/or storm windows aze in a state of disrepair. Replace
all missing or broken window glass. Make all necessary repairs to
frames, sashes, hardware and associated trim in a professional manner.
Permit may be required.
4. 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.
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. There are exposed electrical wires on exterior.
7. The wood porch is deteriorating. Repair/replace rotting wood.
As owner, agent or responsible party, you are hereby notified that if these defieiencies and
the resulting nuisance condition is not corrected by November 26, 2007 the Department
of Safety and Inspections, Division of Code Enforcement, will begin a substantial
abatement process to demolish and remove the building(s). The costs of this action,
including administrative costs and demolition costs will be assessed against the property
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 Section, 8 Fourth Street, Suite #200, Commerce
Building, (651)266-9090. Tlvs inspection will idenrify 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, a11 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
October 24, 2007
902 ALBEMARLE ST
page 3
D�'/l� 2-
Enforcement Officer with the names and addresses of any new ov✓ners or responsible
parties.
The EnForcement Officer is required by law to post a placard on this property which
declares it to be a"nuisance condition", subject to demolition and removal by the City.
This placazd sha11 not be removed without the written authority of the Department of
Safety and Inspections, Division of Code Enfarcement. The deparhnent is fiu
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 an 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.
ff the resolution calls for abatement action the Council may either arder the City to take
the abatement action or fix a time witrrin 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 Joe
Yannerelly between the hours of 8:00 and 9:30 a.m. at 651-266-1920, or you may leave a
voice mail message.
Sincerely,
Steve Magner
Vacant Buildings Program Manager
Division of Code Enforcement
ca Mary Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
ota60135 6/07
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M�'TRO LEGAL SEftvlCES
�Leqyi support SFrr.cla!%zr. 6 ��c 196?
MetroSerialNumber D5PSAl261901054
��
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5TA1'E OF CALIFORNIA
COUNTY OF SAN D/EGO
/�lCHA�L- Ct�NM/NG/-�/dM , being duly swom, on oath says:
(Name of Server)
that on: I� l i� 9 /2007 at: �: � 9 �M,(s)he served the attached:
(Date of Service) (Time of Sen�ice)
Notice of Hearing
upon: US Bank National Association C�O Clf�}SE hfoME fr�'/fiYCE� /�LC
therein named, personally at: 10790 Rancho Bernardo Rd
San Diego, CA 92127
AFFIDAVIT OF SERVICE
/�£GrPy� uF+/,SE'4
by handing to and leaving with /1'J�Q, �(f�/Yjq-S J-�� ��,¢n/,/p,QD GvRQc,�plE���E,Y �
(Name of Ihe Person with whom Ihe documents were �efr) `� (Title) �/,�
who is authorized to accept service of process for US Bank National Association, a true and correct
copy thereof.
Subscribed and sworn to before me,
� /� / � U�M�.(7Ra�
O�IW.P� A
(Siguamre of Notary)
;,°,' �+ OFFICIAL SEA��
' � � :. KAREN ROCHAMBEAU
m.„� ,NOTARYPUBLIC-CALIFORNIA�
e i . COMM. NO.1688397 --
SAN DIEGO COUNTY
MY COMM. EXP. AUG. 18, 2010
* Service was completed by an independent contractor retained by Metro Legal Servicu, Inc
330 Second Avenue South, Suite 150 www.metrolegal.com
Minneapolis, MN, 55401 (800) 488-8994
/(EGrisTa,v ���3 /
Re: 902 ALBEMARIE ST
This affidavit consists of 1 page(s), this is page 1 of i
332 Minnesota Stteet, Suite N-105
Saint Paul, MN 55101
� Tax & Properiy Characteristic Information - Structure Description
Page 1 of 2
6$-!(��
Hom2 Site fiNap Cnntact i3s
TaY & Property Characteristic Information -
Structure Description
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> Structure Description
Property Identification 25.29.23.41.0102
Number (PIN)
Property Address 902 Albemarfe St
St. Paul 55117-5316
Residentiai Property:
Year Built 190o
# of Stories 1.00
Style Bungalow
Exterior Wal1 Frame
Total Rooms S
Total Family Rooms 0
Total Bedrooms 2
Fuli Baths 1
Half Baths 0
Attic Type F+n+shed
Finished SQ Feet 806
Foundation Size 576
Basement Area Finished
Finished Rec Area
Garage Type
Area (sq.ft.)
Parcei Size .07 Acres
Parcel Width 26.00 Feet
Parcel Depth 99.00 Feet
I.and Use Code 510
Land Use Description R- Single Family Dwelling,
Platted Lot
http://rrinfo.cosamsey.mn.us/public/characteristic/Parcel.pasp?scrn=Dwelling&pin=25292... 1 /28/2008
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1)ate: October 08, 2Q07
File #: 07 - 112563 (�g ��(��-.
Folder Name: 902 ALBEMAI2LE ST
PI�': 252923410102
llate: October 08, 2007
File #: 07 - 112563 �$�//. a
Folder Name: 902 ALBEMARI.E ST ���
PIl�': 252923410102
Date: October 08, 2007 ��/� �
File #: 07 - 112563 6
Folder Name: 902 ALBEMARLE ST
PIN: 252923410102
Date: October08,2007
File #: 07 - 112563 (�g ��jp o
Folder Name: 902 ALBEMARLE ST
PIN: 252923410102
Date: October 08, 2007 D Q �/� �
File #: 07 - 112563 0
Folder Name: 902 ALBEMARLE ST
PIN: 252923410102
Date: October 08, 2007 D d �� a
P'sle #: 07 - 112563 �
Folder Name: 902 ALBEMARI.E ST
PIN: 252923410102
Date: October 08, 2007 ryd �/� �
File #: 07 - 112563 6/0 (
Folder Name: 402 ALBEMARLE ST
PIN: 252923410102
Date: October 08, 2007
File #: 07 - 112563 ,iJ ��� �
Folder Name: 902 ALBEMARLE ST UO
PIN: 252923410102
January 29, 2008 Legislative Hearing Minutes 0 8 ��� � Page 5
3. Ordering the owner to remove or repair the building(s) at 902 Albemarle Street within
fifteen (15) days from adoption of resolution.
The properiy owner of record, US Bank NA, c/o Chase Home Finance LLC, did not appear. No
other parties of interest appeazed.
Mr. Magner stated the building was a two-story, wood frame, single-family on a lot of 3,049 squaze
feet and had been vacant since July 9, 2007. A code compliance inspection had not been done, the
vacant building registration fees were delinquent in the amount of $250, and the $5,000
performance bond had not been posted. On October 8, 2007, an inspection of the building was done
and a list of deficiencies which consritute a nuisance condition was developed. An ordez' to abate a
nuisance building was posted on October 24, 2007 with a compliance date ofNovember 26, 2007.
To date, the property remained in a condition which comprised a nuisance as defined by the
Legisiative Code. Ramsey County Tasation estimated the market value of the land to be
approximately $36,900 and the building to be $77,500. Real estate tases were current. Code
Enforcement estimates the cost to repair the building to be approximately $40,000 to $50,000. The
cost for demolirion was estimated to be approximately $4,900 to $7,900. There had also been three
suminary abatements issued to this property since 2007, four of which went to wark order: to
secure the building and the City had to board the building to secure it from trespass, remove
improperly stored refuse, and remove tall grass and weeds. Code Enforcement recommends the
building be repaired or removed within 15 days. Mr. Magner presented photographs of the
property.
Ms. Moerxnond asked for a report from Ms. Spong. Ms. Spong stated that the building was an 1880
cottage that originally had a one story store on the same pazceL There were three houses on this
block and was not a contiguous block. In looking at the pictures, there were integrity issues with
the exterior of the building.
Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner stated that
the inspector found the building to be vacant, there were exterior violations, garbage, rubbish, tall
grass and weeds, water was off, electric was off, and the building was referred to vacant buildings.
Ms. Moermond recommended the building be removed within 15 days with no option for repair.