08-236Council File # � � �- � Q
Green Sheet # 3047952
RESOLUTION
Presented by
OF
f9
PAUL, MINNESOTA
�9�
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 wrecking
3 and removal of a two story, wood frame duplex located on property hereinafter referred to as the
4 "Subject Property" and commonly lrnown as 928 MARION STREET. This property is legally
5 described as follows, to wit:
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LEWIS SECOND ADDITION TO ST PAUL BLOCKS 7, 8, 9, 10, ll, 12, 13, 14, & 15 LOT 18
BLK 10
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Deparhnent of Safety and Inspecrions on or before Apri12, 2007, the
following aze the now known interested or responsible parties far the Subj ect Property: National
City Real Estate Services, LLC, PO Box 1820, Dayton, OH 45401; Usset & Weingarden, 4500
Pazk Glen Rd, #120, St. Louis Park, MN 55416; Stephen Kennedy, 4048 Foxglove Ave N,
Brooklyn Park, MN 55443; 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 November 1, 2007; and
WHEREAS, this order informed the then laiown 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 December 3, 2007; and
WHEREAS, the enforcement officer has posted a placard on the Subj ect Property
declaring this building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Deparhnent 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 accardance
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, February 12, 2008 to hear testimony and evidence, and after
receiving tesfimony and evidence, made the recommendation to approve the request to order the
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interested 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 stmcture to be completed within fifteen (1 � days after the date of the
Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
March 5, 2008 and the testimony and evidence including the action taken by the Legislafive
Hearing Officer was considered by the Council; now therefore
BE IT RESOLVED, that based upon the testunony 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 928 MARION STREET.
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
�
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.
CQ
7
That the deficiencies causing this nuisance condition haue not been conected.
That Deparhnent of Safety and Inspections has posted a placazd on the Subj ect
Property which declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Depariment 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 demolishing and removing the structure in
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accordance with all applicable codes and ordinances. The demolition and removal of the
siructure must be completed within fifteen (1� 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.
Bostrom
Carter
Harris
Helgen
Stark
Thune
Adopted by Council: Date
Yeas � Nays � Absent � Re uested b De artment of:
-r—�—� 4 Y P
✓
✓
✓
Adoption Certified by ouncil Secxetary
BY= D
Approve y yor: Date � I t U 0
By:
Safety and Inspections
Code Enforcement / Vacant Buildings
By:
Forxn Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
S� — DeptofSafery&[nspecrions o2-��-0$ Green Sheet NO: 3047952
Contact Person & Phone:
Bob Kessler
266-9013
Must Be on Council Agend;
� OS-MAR-08
; Doc. RESOLUTION
' E-Document Required: N
Oocument Contact:
Contact Phone:
� vcpamuem ucw w re�svn
D e t of Safe & Ins ttdons
Assign I e t.ofSafe &Ins ections De arhnentDirector
Number Z • pttorne
For
Routing 3 a or's O1fice Ma orfASSistant
Order q Quncil
5 ' Clerk G5 Clerk
o�-z3 �
�
'� Total # of Signature Pages _(Clip Ail Locations for Signature)
�! AcGOn Requested:
� City Counc�l to pass this resolution which will order the owner(s) to remove the referenced building(s). If the owner fails to comply
� wrth the resoluhon, the Department of Safety and Inspections is ordered to remove the building. The subject properhy is ]ocated at
�� 928 MARION ST .
; Recommendations. Approve (A) or Reject (R): Personai Service Contracts Must Answer the Followina Questions:
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked under a coniract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain ail yes answers on separate sheei and attach to green sheet
, Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): •
�' "this buildmg(s) is a nuisance building(s) as deSned in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Leg�slative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
j repair or remove the building at 928 MAffiON ST by December 3, 2007, and have failed to comply with [hose orders.
Advantages if Approved:
The City will eliminate a nuisance.
� DisadvantageslfApproved:
�: The City w�ll spend funds to wreck and remove this building(s). These costs wil] be assessed to the property, col]ec[ed as a specia]
' assessment against the property taxes.
; A nuisa❑ce cond�t�on wdl remain unabated in Che City. This building(s) will continue [o blight the commnniry.
Disadvantages If Not Approved:
A nuisance eondition will remain unabated in the City. This building(s) will continue to blight the eommunity.
� �""� Cost/Revenue Budgeted:
Transaction:
Fundiny source: Nuisance Housing Abatement Activity Number: OO I-OO257
F inan cial I nformation:
(Explain)
February 22, 2008 10:20 AM Page 1
.
DEPARTMENT OF SAFETY AVD INSPECTIONg
Dick Lippert Manager of Code Enfa
� �I �F SA� PA�. NuuanceBv.ildmgEnforcement �^Z� �
Christophe'r B. Colerrzan, Mayor
January 4, 2008
1600 YYhite Bear Ave N
Saint Paul, MN 55] 06
NOTICE OF PLBLIC HEARINGS
Council President and
Members of the City Council
Tel. (6i/) 266-1900
Fax (65I) 266-1926
Deparhnent 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:
928 MARION ST
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, February 12, 2008
City Council Hearing - Wednesday, March 5, 2008
The owners and responsible parties of record are:
Name and Last Known Address
National City Real Estate Services, LLC
Po Box 1820
Dayton, OH 45401
Usset & Weingarden, PLLP
4500 Park Glen Road, #120
St. Louis Park, MN 55416
Stephen Kennedy
4048 Foxglove Ave N
Brooklyn Park, NIN 55443
District 6 Pianning Council
district6�c�qwestoffice.net
Interest
Fee Owner
Fareclosure Attomey
Interested Party
District Council Contact
AA-ADA-EEO Employer
928 MARION ST
7anuary 4, 2008
page 2
The legal description of this property is:
b`� -- Z3lo
LEWIS SECOND ADDITIO\ TO ST PAUL BLOCKS 7, 8, 9,10, ll, i2, 13,14, & 15 LOT
18 BLK 10
With the following Historic Preservation information:
District: _ Building Name: house Inventory �: RA-SPC-4413
The Departrnent of Safety and Inspections has declared this building(s) to constitute a"nuisance"
as defined by Legislative Code, Chapter 45. The Departrnent of Safety and Inspections has
issued an order to the then known responsible parties to eliminate this nuisance condition by
correcting the deficiencies or by razing and removing this building(s).
The property was re-inspected on December 31, 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 resolution ordering the responsible parties to either repair, or demolish and
remove this building in a timely manner, and failing that, authorize the Department 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 Aomans, Invest St. Paul
District Council — Community Organizer
pubhmg60183 12/07
c�—Z3 (p
SUMMARY FOR PUBLIC HEARING
928 Marion Street
Legislative Hearing — Tuesday, February 12, 2008
City Council — Wednesday, March 5, 2008
The building is a two-story, wood frame, duplex on a lot of 3,049 square feet.
According to our files, it has been a vacant building since February 16, 2007.
The current property owner is National City Real Estate Services LLC, per AMANDA and
Ramsey county property records.
The city has had to board this building to secure it from trespass.
There have been four (4) SUMMARY ABATEMENT NOTICES since 2007.
There have been two (2) WORK ORDERS issued for:
- Removal of improperly stored refuse
- Removal of tall grass and weeds
On October 23, 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 November 1, 2007 with a compliance date of
December 3, 2007. As of this date this properry 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 $625.00.
Taxation has placed an estimated market value of $25,000 on the land and $94,500 on the
building.
As of February 11, 2008, a Code Compliance inspection has not been completed.
As of February 11, 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 to $50,000. The
estimated cost to Demolish is $9,200 to $11,200.
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.
�-Taac �& Property Characteristic Information - Structure Description
Page 1 of 2
c�'� — Z3 l0
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Contacz L's
Tax & Property Characteristic Information -
Structure Description
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> Structure Description
Property Identification 25.29.23.41.0057
Number (PIN)
Property Address 928 Marion St
St. Paul 55117-5344
Residential Property:
Year Built 1888
# of Stories 2.00
Sty�e One And 3/4 Story
Euterior Wall Asbestos
Total Rooms 10
Tota1 Family Rooms 0
Totai Bedrooms 5
Full Baths 2
Half Baths 0
Attic Type
Finished SQ Feet 1496
Foundation Size 776
Basement Area Finished
Pinished Rec Area
Current Prooertv Tax
StatementiValue Notice
2006 Property Tax
StatementlValue Natice
2045 Prapertv Tax
Statement Vaiue Notice
2004_ ProDerty Tax
Statement/Value Notice
Garage Type
Area (sq.ft.)
Parcel Size .07 Acres
Parcel Width 25.00 Feet
Parcel Depth 124.00 Feet
Land Use Code 520
Land Use Description R- Two Family Dwelling,
Platted Lot
http://rrinfo.cosamsey.mn.us/public/characterisric/Parcel.pasp?scrn=Dwelling&pin=252923... 2/8/2008
o�g �
DEPARTMENT OF SAFETY AND INSPECTIONS
Dick L�ppert, Manager of Code Enforcement
CITY OF SAINT PAUL
ChristopherB. Coleman, Mayor
Nuisance Building Enforcement
1600 R'hite Bear Ave N Tel. (651) 266-1900
Saint Paul, MN 55106 Fax (651) �66-1926
November 1, 2007
National City Real Estate Serv
Re: Loan # 0002661439
Po Box 1820
Dayton OH 45401-1820
Usset & Weingarden, PLLP
4500 Park Glen Rd, #120
St. Louis Pazk, MN 55416
Stephen Kennedy
4048 Foxglove Ave N
Brooklyn Pazk, MN 55443
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:
928 MARION ST
and legally described as follows, to wit:
LEWIS SECOND ADDITION TO ST PAUL BLOCKS 7, 8, 9, 10, 1 l, 12, 13, 14,
& 15 LOT 18 BLK 10
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 23, 2007, a Building Deficiency Inspection Report was compiled and the
following condirions were observed.
This list of deficiencies is not necessarily all the de�ciencies present at this
time. As 5rst 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 ($5,000.00) performance bond with the Building
Inspection and Design Office before any permits are issued, except for a
demolition permit.
AA-ADA-EEO Employer
November 1, 2007
928 MARION ST
page 2
This building(s) is subject to the reshictions of Saint Paul Ordinance Chapter
33.03 and shall not again be used for occupancy until such rime as a Certificate
of Compliance or a Certificate of Occupancy has been issued.
This is a two story wood frame duplex.
Exterior
The exterior walls of the house and/or garage are defective. Repair all
holes, breaks, loose or rotting siding, to a professional state of
maintenance.
2. The exterior walls and/or trim of the house and/or garage has defective,
peeled, flaked, scaled or chalking paint or has unpainted wood surfaces.
Scrape and repaint to effect a sound condition in a professional manner.
The window and/ar door screens are missing, defective or in a state of
disrepair. Provide proper window and door screens for all openable
windows and doors. Screens must be tight-fitting and securely fastened
to the frames.
4. The windows and/or storm windows are in a state of disrepair. Replace
all missing or broken window glass. Make all necessary repairs to
frames, sashes, hardware and associated trim in a professional manner.
Permit may be required.
5. The eaves and soffits are in a state of disrepair or deterioration. Repair
all defects, holes, breaks, loose or rotting boards, to a professional state
of maintenance. Permit may be required.
Interior
6. The interior ceilings are defective. Repair all ceiling defects and finish
in a professional manner.
7. The interior walls are defective. Repair a11 wall defects and finish in a
professional manner.
�$—z3L
8. SANiTATION: Tmmediately remove improperly stored or accumulated
refuse including; garbage, rubbish, junk, vehicle parts, wood, metal,
recycling materials, household items, building materials, rubble, fires,
etc., from yard. The Saint Paul Legislative Code requires all exterior
property areas to be maintained in a clean and sanitary condition.
Usable materials must be stored in an approved manner, so as not to
constitute a nuisance.
�-z3 �
November 1, 2007
928 iVIARION ST
page 3
9. FU`RNACE: Have a licensed heating contractor service and clean the
furnace or boiler and make any necessary repaus. 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.
10. Lack of basic facilities. Elechic and/or gas service shut off.
11. 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.
12. The stairs have missing or defective handrails. Provide all interior and
exteriar stairways and steps of more than three (3) risers with handrails
which are grippable and installed 34" to 38" above the nose of the stair
treads.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and
the resulting nuisance condition is not corrected by December 3, 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. 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 Enfarcement Officer is required by law to post a placazd on this property which
declares it to be a"nuisance condition", subj ect to demolition and removal by the City.
This placard shall not be removed without the written authority of the Department of
Safety and Inspections, Division of Code Enforcement. The deparhnent 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 far 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.
�8- Z3�e
November1,2007
928 MARION ST
page 4
If the resolution calls for abatement action the Council may either order the City to take
the abatement action or fix a tune 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 Joe
Yannarelly between the hours of 8:00 and 930 am. at 651-266-1920, or you may leave
a voice mail message.
Sincerely,
Steve Magner
Vacant Buildings Progam Manager
Division of Code Enforcement
cc: Mary Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
ota60135 6/07
Quote Numbez: Q-26271-5
Demo at 928 iViazion St.
DSI �,
_ �_n_.___.:1_..a ha n .
puyci.a�iai��;.a .�.. - -
Openin Date: December 13, 2007 Lunp Sum Bid
Buberl Recycling & Con�postin� Inc
Rob Bube:l �9,680.00
651-439-8399
Frattalone Companies
Dylan Lazson $18,765.00
651-484-0448
12ay Andetson & Sons
Richazd Ortkuneyei �g���fl•��
6�1-774-2550
Rayco Excavating Inc
Rory Mattet �9,820.00
612-619-1487
Roger Peterson Construction
Roger Peterson $15,9�0.00
763-784-8245
Semple Excavating
Julie Semple $8:825.00
65i-772-1449
SpeekTaculaz Companies
Chariie Speckmann $11,800.00
952-461-5255
Urban Companies
Gxeg �.�rban �17,000.00
65I-248-9830
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Date: October 24, 2007
File #: 07 - 023593
Folder Name: 928 MARION ST
PIV: 252923410057
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File #: 07 - 023593
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Date: October 24, 2007
File #: 07 - 023593
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Date: October 24, 2007
File #; 07 - 023593
FoSder Name: 928 MARION ST
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llate: October 24, 20Q7
File #: 07 - 023593
Folder Name: 928 MARION ST
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February 12, 2008 Legi slative Hearing Minutes Page 11
8. Ordering the owner to remove or repair the building(s) at 928 Marion Street within fifteen
(15) days from adoption of resolution.
The properry owner of record, National City Real Estate Services LLC, did not appear. No other
parties of interest appeared.
Mr. Magner stated the building was a two-story, wood frame, duplex on a lot of 3,049 square feet
and had been vacant since February 16, 2007. A code compliance inspection had not been done, the
vacant building registration fees were delinquent in the amount of $625 and the $5,000 performance
bond had not been posted. On October 23, 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 lVovember l, 2007 with a compliance date of December 3, 2007. To date,
the property remained in a condition which comprised a nuisance as defined by the Legislative
Code. Ramsey County Tascation estimated the market value of the land to be approximately
$25,000 and the building to be $94,500. 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
demolition was estimated to be approximately $9,200 to $11,200. There had also been four
summary abatements issued to this property since 2007, two of which went to work order: to secure
the building and the City had to board, the building to secure it from trespass, remove improperly
stored refuse, and to cut tall grass and weeds. Code Enforcement recommends the building be
repaired or removed within 15 days. Mr. Ma�er presented photographs of the property.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building had been
surveyed, was a Victorian style, and was built in 1885 prior to permits being issued. She believed
that the buiiding had been lifted, a first floor was added beneath and the permit indicated this was
done in 1887. She noted that the building had not been added to the 1983 final survey which would
list it as being eligible for historic designation.
Ms. Moermond recommended the building be removed within fi8een (15) days with no option for
repair. She noted that this building did have historical significance and the Council may wish
further evaluation of this property.