08-540Council File #
AMENDED 5/21/08 Green Sheet # 3051016
� �a
RESOLUTION
AINT PAUL, MINNESOTA ��'/
Presented by
1 WHE�artment 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 one story, wood frame dwelling with a one stall, detached, wood frame gazage
4 located on properiy hereinafter referred to as the "Subject Properiy" and commonly lrnown as
5 773 BUTTEIZNUT AVENUE. This properry is legaliy described as follows, to wit:
RIVERSIDE ADDITION TO ST. PAUL, MINN. NELY 1/2 OF LOT 29 BLK 2
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WHEREAS, 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 lrnown iriterested or responsible parties for the Subject Property: Eric D
Johnson/Julia M Johnson, PO Box 357, Mound, MN 55364; Eric Jotuison, 4134 Xenwood Ave
S, Minneapolis, MN 55416; West Seventh / Fort Road Federation.
WHEREAS, Depariment of Safety and Inspections has served in accordance with the
provisions of Chapter 45 of the Saint Paul Legislative Code an arder identified as an"Order to
Abate Nuisance Building(s)" dated February 12, 2008; and
WHEREAS, this order informed the then lrnown 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 March 13, 2008; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property
declaring this building(s) to constitute a nuisance condition; subject to demolition; 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 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, Apri129 and May 13, 2008 to hear testimony and evidence, and after
receiving testimony and evidence, made the recommendation to approve the request to arder the
interested or responsible parties to make the Subject Property safe and not detrimental to the
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public peace, health, safety and welfare and remove its blighting influence on the community by
rehabilitating this structure in accordance with all applicable codes and ordinances, or in the
altemative by demolishing and removing the structure in accordance with all applicable codes
and ordinances. The rehabilitation or demolition of the struchue 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, May
21, 2008 and the tesrimony 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 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 773 BUTTERNUT AVENUE.
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.
�
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 which 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 lrnown interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fixlfilled.
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 weifare and remove its
blighting influence on the community by rehabilitating this shucture and conecting all
deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in
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accordance with all applicable codes and ordinances, or in the alternative by demolishing
and removing the structure in accordance with a11 applicable codes and ordinances. The
rehabilitation or demolition and removal of the structure must be completed within
�"•�-�'r� thi 30 days after the date of the Council Hearing.
If the above corrective action is not completed within tlus 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
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.
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.
Yeas Nays Absent
Bostrom ./
Carter
Harris
Helgen ,/
Lantry
Stark
Thune
� b O
Adopted by Council: Date S( 2` � Dg
Adoptio ertifie b oun� 1 Secretary
By: ,
i
Approved Date � � Q �
By:
Requested by Department of.
Safety and Inspections
Code Enforcement / Vacant Buildings
By:
Form Approved by Ciry Attomey
�
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� ��a
S� —DeptofSafety&Iaspections I 1'.��'V+R"08
CoMact Person & Phone:
Bob Kessler
266-9013
Must se on councn wgena
21-MAY-08
Doc. Type: RESOLUTION
E-Document Required: N
Document Contact:
ConWCt Phone:
7otal # of Signature Pages
�
Assign
Number
Por
Rouiing
Order
(Clip All Locations for Signature)
Green Sheet NO: 3051016
0 tofSaf & eclioas
1 tofSafe &I 'ons De azhnentD"uector
2 ' Attorn
3 or's Office Ma or/ASSis�ant
4 ouncl
5 i Clerk Gti Clerk
Action Requested:
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 resolurion, the Department of Safety and Inspecrions is ordered to remove the building. The subject properry is
located at 773 BUTTERNUT AVE .
idations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this personffirm ever xrorked under a contract for this department?
Yes No
2. Has this person/frm ever been a ciry employee?
Yes No
3. Does Mis person�rm possess a skill not nortnally possessed by any
curzent city employee?
Yes No
Explain all yes answers on separate sheet and altach 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 la�own to the Enforcement Officer were given an order to
repair or remove the building at 773 BUTTERNUT AVE by Mazch 13, 2008, and have failed to comply with those orders.
AdvanWges If Approved:
The City will eliminate a nuisance.
DisadvanWges If Approved:
The Ciry will spend funds to wreck and remove this building(s). These costs will be assessed to the properiy, collected as a special
assessment against the properry tases.
A nuisance condirion will remain unabated in the Ciry. This building(s) will continue to blight the community.
Disadvantages If Not Approved:
A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community.
7ota1 Amoufrc or CostlRevenue Budgeted:
Transaction:
Funai�y source: Nuisance Housing Abatement A����b Number. 001-00257
Financial Iriformation:
(Explain)
� _... . : �_.
MAR 19 2008
M ! ... [ ,..,s....li
March 13, 2008 10:54 AM
Page 1
'C��
p8 5 �d
SUMMARY FOR PUBLIC HEARING
773 Butternut Avenue
Legislative Hearing — Tuesday, Apri129, 2008
City Council — Wednesday, May 21, 2008
The building is a one-story, wood frame, single-family dwelling with a detached one-stall gazage
on a lot of 2,614 squaze feet.
According to our files, it has been a vacant building since May 4, 2004.
The current property owner is Eric D. Johnson, per AMANDA and Ramsey county property
records.
The City of St. Paul has boarded this building to secure it from trespass.
There have been seven (7) SUMMARY ABATEMENT NOTICES since 2004.
There have been two (2) WORK ORDERS issued for:
- Removal of tall grass and weeds
- Removal of miscellaneous debris
On January 31, 2008, 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 February 12, 2008 with a compliance date of
Mazch 13, 2008. As of this date this property remains in a condition which comprises a nuisance
as defined by the legislative code.
The Vacant Building registration fees are delinquent in the amount of $500.00.
Taxation has placed an estimated market value of $22,000 on the land and $77,400 on the
building.
As of Apri128, 2008, a Code Compliance inspection has not been completed.
As of April 28, 2008, the $5,000.00 performance bond has not been posted.
Real Estate taafes for the years 2006-2007 are delinquent in the amount of $2,868.00 plus penalty
and interest.
Code Enforcement Officers estimate the cost to repair this structure is $25,000-$30,000. The
estimated cost to Demolish is $7,980 to $10,980.
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
DickLippert, Manager of Code Enforcement
CTTY OF SAINT PAUL
Nuisance Building Enforcement
ChristopherB. Coleman, Mayor
1600 White Bear Ave N
Saint Paul, M1V 55106
i
March 14, 2008
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
0
Tel: (651) 266-1900
Fax: (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:
773 BUTTERNUT AVE
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing — Tuesday, Apri129, 2008
City Council Hearing — Wednesday, May 21, 2008
The owners and responsible parties of record are:
Name and Last Known Address
Eric D Johnson/Julia M Johnson
Po Box 357
Mound MN 55364-0357
Eric Johnson
4134 Xenwood Ave S
Minneapolis, MN 55416
West Seventh / For[ Road Federation
betty�fortroadfederation.or�
Interest
Fee Owner &
C of O Responsible Party
Fee Owner
District Council Contact
AA-ADA-EEO Employer
773 BUTTERNIJT AVE
March 14, 2008
page 2
The legal description of this property is:
RIVERSIDE ADDITION TO ST. PAUL, MINN. NELY 1/2 OF LOT 29 BLK 2
OS 5�1d
The Department of Safety and Inspections has declared this building(s) to constitute a"nuisance"
as defined by Legislative Code, Chapter 45. The Department of Safety and Inspections has
issued an order to tl�e then lrnown responsible parties to elnninate this nuisance condition by
correcting the deficiencies or by razing and removing this building(s).
The property was re-inspected on March 13, 2008. There was no compliance and the nuisance
condirion 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 Deparhnent 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
Deparhnent of Safety and Inspecrions
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
pub}ung60183 1/08
Properiy Look Up Information - Structure Description
Page 1 of 2
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> Structure Description
Property Identification 11.28.23.44.0026
Number (PIN)
Property Address 773 Butternut Ave
St. Paul 55102-4104
Residentiaf Property:
Year Built 1884
# of Stories 1.00
Style One Story
Euterior Wall Asbestos
Total Rooms 4
Total Family Rooms 0
Total Bedrooms 1
Full Baths 1
Half Baths 0
Attic 7ype
Finished SQ Feet 552
Foundation Size 552
Basement Area Finished
Finished Rec Area
Garage Type Detached
Area (sq.ft.) 392
Parcel Size
Parcel Width
Parcel Depth
.06 Acres
20.00 Feet
125.00 Feet
Land Use Code
Wnd Use Description
510
R - Single Family Dwelling,
Platted Lot
http://rrinfo. co samsey.mn.us/public/characteristic/Parcel.pasp?scm=Dwelling&pin= ll 282... 4/28/2008
DEPARTMENT OF SAFETY AND INSPECTIONS
Dick
Code
CITY OF SAINT PAUL
ChristopherB. Coleman, Mayor
February 12, 2008
Eric D Johnson/Julia M Johnson
Po Box 357
Mound MN 55364-0357
Nuisance Building Enforcement
1600 White Bear Ave N
Saint Pau1, MN � 5106
www.stpaul.gov
Order to Abate Nuisance Building(s)
Dear : Sir or Madam
Tel: (6i1) 266-1900
Fax: (6�1) 266-1926
The Vacant/Nuisance Bnildings Unit, Department of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
773 BUTTERNUT AVE
and legally described as follows, to wit:
RIVERSIDE ADDITION TO ST. PAUL, MINN. NELY 1/2 OF LOT 29 BLK 2
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 January 31, 2008, a Building Deficiency Inspection Report was compiled and the following
conditions were observed.
This list of deficiencies is not necessarily all the deficiencies presenY at this fime.
As first remedial action, a Code Comptiance Inspection must be obtained from
the Building Inspection and Design Section, 8 Fourth Street East, Suite 200,
Commerce Building (651)266-9090. That inspection will identify specific defects,
necessary repairs and legal requirements to correct this nuisance condition. You
may also be required to post a five thousand dollar ($5,000.00) performance
bond with the Building Inspection and Design Office before any permits are
issued, except for a demolition permit.
This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03
and shall not again be used for occupancy until such time as a Certificate of
Compliance or a Certificate of Occupancy has been issued.
AA-ADA-EEO Employer
February 12, 2008 ��-
773 BUTTERNUT AVE
page 2
This is a one story, wood frame dwelling with a one stall, detached, wood frame
�arage.
1. The rear chimney has deteriorated mortar joints.
2. There is exposed, rot damaged wood surfaces on the front of the house.
3. The gas service is off; meter locked off.
4. The electric service is off; meter box yellow tagged off.
5. There is damaged, missing siding.
6. The foundation needs tuck pointing.
7. There are missing screen windows.
8. There is a broken window; deteriorated window sashes.
9. There are open, rot damaged eaves; exposed, rot damage roof board ends.
10. The front deck is missing footings.
11. The window are ice covered on the interior side; possible water leaking
caused by lack of heat; water service on at time of inspection.
�.� .
Repair the structure to a habitable condiYion.
This structure is a registered vacant building that must have a Code Comptiance
Certificate before the structure may be occupied. Obtain a Code Compliance
Certificate from the Department of Safety and Inspections. You may contact Jim
Seeger at D.S.I., 651-266-9016, for a code compliance inspection, permits, and
issuance of Code Compliance Certificate. Under Chapter 33.03 of the Saint Paul
Legislative Code, failure to obtain a Code Compliance Certificate before
occupying the structure may result in issuance of criminal summonses.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and the
resulting nuisance condition is not corrected by March 13, 2008 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,
Febivary 12, 2008
77; BUTTERNT.JT AVE
pa�e 3
� 8 5�d
(651)266-9090. This inspection will identify specific defects, necessary repairs and le�al
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 placard on this property which declares 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 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 accardance with law.
If you have any questions or 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 Pro� Manager
Division of Code Enforcement
cc: Mary Erickson - Council Research
Cindy Cazlson - PED Housing
Amy Spong — Heritage Preservation
ota60] 35 12/07
CITY OF SAINT PAUL
Christopher B. Coleman, Mayor
May 07, 2008
ERIC JOHNSON
1020 GAIVIE FARM ROAD
MINNETRISTA MN 55364
Re: 773 Buttemut Ave
File#: 04 194559 VB3
Dear Property Owner:
68 ��Fd
DEPARTMENT OF SAFETYAND INSPECTIONS
Bob Kessler, D'nector
COMMERCEBUII.DING Telephone' 651-266-9090
8 Fourth Street Easf, Suite 200 Facsimi(e: 651-266-9099
StPaul,Minnuata55701-1024 Web: wwwsmmd.nov/dri
Pursuant to your request the above-referenced property was inspected and the following report is
submitted:
BUILDING
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Replace rotted garage siding and paint garage.
Install steps to garage service door to code.
Install Z flashing on north side of garage.
Install joist under rear door in basement.
Install posts in basement by rotted joist near fiunace.
Tuck point interior/exterior foundation as needed.
Install tempered glass in window by door to basement and the window by front door..
Repair or replace any deteriorated window sash, broken glass, sash holders, re-putty etc. as
necessary.
Provide complete storms and screens, and in good repair for all door and window openings.
Where wa11 and ceiling covering is removed, attic, replace doors and windows, (insulation,
glass, weather stripping, etc.) shall meet new energy code standards.
Prepare and paint interior and exteriar as necessary (take the necessary precaurions if lead
base paint is present).
12. Provide general clean-up of premise.
13. Provide smoke detectors as per the Miunesota State Building Code.
14. Provide proper drainage around house to direct water away from foundation.
15. Provide general rehabilitation of garage.
AA-ADA-EEO Employer
og 5�{0
PAGE2
773 BUTTERNUT AVENUE
ELECTRICAL
1. Install grounding electrode conductor to gound rod.
2. Strap EMT to disconnect of fumace.
3. Bedroom - instati insert into loose outiet.
PLi)MBING
All plumbing wark requires permit(s) and must be done by a plumbing contractor licensed in
Saint Paul.
Basement:
1. Range gas shut-off, connector or gas piping is incorrect.
First Floor:
2. There were no permits taken out or inspections done for all the new waste, vent and fixtures
that have been installed. Need to open wa11s to prove venting system.
3. Range gas shut-off, connector or gas piping is incorrect.
4. Exterior lawn hydrant requires back-flow assembly or device.
HEATING
L Clean and Orsat furnace. Check all controls for proper operafion. Check furnace heat
exchanger for leaks and provide documentation from a licensed contractor that the heating
unit is safe.
2. Install approved lever handle manual building shutoff gas valve in an accessible locarion
ahead of the first branch tee.
3. Clean all supply and return ducts for wann air fieating system.
4. Bathroom fan to be ducted and terminated according to code.
5. Gas shut-off valve for kitchen range to be located above kitchen floor.
6. Provide furnace manufacturer's installation instructions to verify installation of
combustion air/vent piping and termination.
7. Appropriate mechanical, warm air and venfilafion permits are required for this work.
ZONING
1. This property was inspected as a single family dwelling.
NOTES
**See attachment for permit requirements and appeals procedure.
This property is designated by the Vacant Buildings Department as a Category #3 which requires
a$5,000 Performance Bond or Deposit at the rime the permit is issued.
v� ��c�
PAGE3
773 BLJ'I`I'ERNLJT AVENUE
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.
This is a registered vacant building. In order to reoccupy the building, a11 deficiencies
listed on the code compliance report must be corrected and be in compliance with the
Miuimum Housing Standards of the St. Paul Legislative Code (Chapter 34), and all
required permits must receive final approval.
**VACANT BUILDING REGISTRATION FEES MUST BE PAID AT
NEIGHBORHOOD HOUSING AND PROPERTY IMPROVEMENT (NHPD FOR
PERMITS TO BE ISSUED ON THIS PROPERTY**. For fiu mformahon call, NHPI at
651-266-1900, located at 1600 White Bear Avenue.
Sincerely,
James L. Seeger
Code Compliance Officer
JLS:Id
Attachments
(3/3 1/20�8) Steve Maqner - 26507ta x s aqe �
` QU �4�
BID TABULATION FOR Q-26507-5 BUYER: MARK EVANGELIST
DEMO OF 773 BUI'TERNUT t1VE
DSI
BID OPENING DATE MARCH 25, 2008
UMP SUM BID
LL WAYS HAULING INC
RK MATHES
51-982-1475 $ 11 000.00
UBERL RECYCLING
OB BUBERL
51-439-8399 $ 11 284.00
REATIVE SERVICES OF
CHARD KOSMAN
51-436-3161 $ 8 900.00
NE CALL CONTRACTING
AULSCHROEDER
63-780-9197 $ 10 125.00
Y ANDERSON & SONS
CHARD ORTHMEYER
51-774-2550 $ 9 100.00
YGQ_,EXG 'INC
ORY MATTER
12-619-1487 $ 7 4$OyOo-�'
MS CONSTRUCTION
ODD SCHMIDT
52-226-6300 $ 8 000.00
tab(03/28/08/ME/bm
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Apri129, 2008 Legislative Hearing Minutes Page 5
5. Ordering the owner to remove or repair the building(s) at 773 Butternut Avenue within
fi$een (15) days from adoption of resolution.
The property owner of record, Eric Johnson, appeazed. No other parties of interest appeazed.
Mr. Magner stated the building was a one-story, wood frame, single-family dwelling with a
detached one-stall garage on a lot of 2,614 square feet and had been vacant since May 4, 2004. A
code compliance inspecrion had not been done, the vacant building registration fees were delinquent
in the amount of $500, and the $5,000 perforxnance bond had not been posted. On January 31,
2008, an inspection of the building was done and a list of deficiencies which consritute a nuisance
condition was developed. An order to abate a nuisance building was posted on February 12, 2008
with a compliance date of March 13, 2008. To date, the property remained in a condition which
comprised a nuisance as defined by the Legislative Code. Ramsey County Ta�carion estimated the
mazket value of the land to be approximately $22,000 and the building to be $77,400. Real estate
tases for 2006-2007 were delinquent in the amount of $2,868.00, plus penalty and interest. Code
Enforcement estimates the cost to repair the building to be approximately $25,000 to $30,000. The
cost for demolition was estimated to be approximately $7,980 to $10,980. There had also been
seven summary abatements issued to this property since 2004, 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
miscellaneous debris, and cut tall grass and weeds. Code Enforcement recommends the building be
repaired or removed within 15 days. Mr. Magner presented photographs of the property.
Ma Moermond asked for a report from Ms. Spong. Ms. Spong stated that the building is an 1884
workers cottage. A 1983 survey designated the two block stretch of Butternut as a potential historic
district consisting of wood frame and brick houses that had been constructed for the workers of the
surrounding breweries. Schmitt Brewery has recently been identified as potentially eligible for the
national registry, which would cause the surrounding addresses to be potentially eligible as well.
Ms. Spong stated that the siding has been covered up and the front porch had been removed; as a
result it would be considered contributing to the historical context of the neighborhood as a whole.
She also stated there has been documented loss on the block.
Mr. Johnson stated that he had a code compliance inspection scheduled for next week, and
disagreed with Code EnforcemenYs estimate of $25,000-30,000 in necessary repairs. He would like
to establish how the dollaz amount was determined. He stated that all of the items had been
completed except for a missing fascia board, some tuck pointing, two bad windows that needed
replacement and general maintenance.
Ms. Moermond questioned his lack of payment on his taaces.
Mr. Johnson stated he will pay the vacant building fees today and the tases in the near future. He
planned on putting the property up for sale. He said that he was told that he may not have to post a
bond depending upon the extent of the work orders.
Ms. Moermond clarified that because the property had been declared a nuisance property, he is
required to post the bond. Mr. Johnson stated he had no problems with posting the bond. He said
that after completion of the code compliance inspection, he will imow what permits are necessary
but doubted the severity of the exterior conditions. He said that the roof is brand new and so was
the siding.
Apri129, 2008 Legislative Hearing Minutes Page 6
Mr. Johnson stated that he had written two letters in March addressed to Dennis Senty in Code ���
Enforcement and had not received a response. The first letter requested an extension of the
completion deadline to April and asked for clarification on the reclassification of the building from
a Category I to Category III vacant building. Mr. Magner stated he had no knowledge of the letters
and would need to follow up with Mr. Senty.
Ms. Moermond asked Mr. Johnson if he planned to be personally responsible for the rehabilitation
or if he planned to sell the property to a rehabber. Mr. Johnson stated that he will be the responsible
party in the rehabilitation.
Ms. Moermond stated that she would like to see a work plan drafted after the code compliance
inspection was done to include detailed estimates from contractors, if those types of repairs were
deemed necessary. She also stated that she needed to see quality rehab. She expressed concern
over the lack of payment to taxes and vacant building fees and stressed that that is generally an
eannazk for an unsuccessful rehabilitarion. He would also need to submit financial documentation
outlining the ability to complete the repairs. She asked why the property had been vacant.
Mr. Johnson stated he had had a bad tenant that left and then he had planned to sell it. He held off
waiting for the market to improve, but was now committed to the selling the property despite the
market.
Ms. Moermond requested that the code compliance report be written as quickly as possible. She
recommended laying this matter over to the May 13 Legislative Hearing.
May 13, 2008 Legisiative Hearing Minutes Pa e 4
���d
3. Ordering the owner to remove or repair the building(s) at 773 Butternut Avenue within
fifteen (15) days from adoption of resolution. (Continued from the Apri129 Legislative
Hearing)
Mr. Magner stated that this matter was heazd on April 29 at which tune it was indicated to Mr.
Johnson that the vacant building fees needed to be paid, a code compliance inspection needed to be
done, the tases needed to be paid, a work plan needed to be done, and financial documentation
needed to be presented.
Eric Johnson, property owner, stated that he was waiting for the insurance to post the bond. He had
just gotten the code compliance completed and presented a copy to Ms. Moermond. He stated that
he had paid the vacant building fees; however, he had not paid the taxes yet. He intended to
complete the repairs and sell the building. He believed the repairs were aimost completed and he
had about $1,000 worth of repairs left to make. He again asked about why he had not received a
response on the letters he had sent conceming the change in the buildings status from a Category I
to a Category III.
Mr. Magner stated that the building status was changed due to the number of suuunary abatements
that had been issued and the building had been vacant for four years. He had talked to Mr. Senty
and he had indicated that he had spoken to both of the owners concerning the conditions at the
property and the fact that the exterior was not being maintained. He also noted that a new roof had
been put on without a permit.
Ms. Moermond told Mr. Johnson that she had no authority over the Department and that if he
wanted to make a complaint, he needed to talk to the director, Bob Kessler, and/or make a
complaint with the Mayor's Office.
Ms. Moermond stated that she would recommend granting rime to complete the rehab on the
condition the following is provided by the close ofbusiness on Monday, May 19 1) work plan; 2)
financial documentation; 3) tases paid; and 4) the bond posted.