08-548Council File # � �j`�
Green Sheet # 3051020
OLUTION
1PAUL. MINNESOTA ��
Presented by
WHEREAS, De� Safety and Inspections has requested the City Council to
hold public heazings to consider the advisability and necessity of ordering the repair or wrecking
and removal of a one and one-half story, wood frame dwelling with a detached, two stall, wood
frame garage located on property hereinafter referred to as the "Subject Property" and commonly
known as 359 SIDNEY STREET EAST. This property is legally described as follows, to wit:
THE WEST ST. PAUL REAL ESTATE AND IMPROVEMENT SYNDICATE ADDITION
NO. 2 LOT 17 BLK 16
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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 Apri12, 2007, the
following are the now known interested or responsible parties for the Subject Property: Bank Of
New Yark Trustee/Co Country Home Loans Inc
WHEREAS, Department 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 January 23, 2008; 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 February 22, 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 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 Legislative Hearing Offcer of the Saint Paul
City Council on Tuesday, Apri129, 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,
.
♦, :
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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 structure to be completed within fifteen (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 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 testimony and evidence presented at the above
referenced public heazings, the Saint Paul City Council hereby adopts the following Findings and
Order conceming the Subject Property at 359 SIDNEY STREET EAST.
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2. That the costs of demolition and removal of this building(s) is estimated to exceed
five thousand dollazs ($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 have not been conected.
That Department of Safety and Inspections has posted a placard on the Subject
Property which declazes it to be a nuisance condition subject to demolition.
That this building has been routinely monitared by Department of Safety and
Inspections, Vacant/Nuisance Buildings.
8. That the known interested parties and owners aze 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
accordance with all applicable codes and ordinances. The rehabilitation or demolition
v� 5y�
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and removal of the structure must be completed within fifteen (15) days after the date of
the Council Hearing.
2. If the above conective 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 chazge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative
Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all
personal property or fixtures of any kind which interfere with the demolition and removal
shall be removed from the property by the responsible parties by the end of this time
period. If all personal property is not removed, it shall be considered to be abandoned
and the City of Saint Paul shall remove and dispose of such property as provided by law.
4. It is further ardered, 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.
Adopted by Council: Date �j ��-� f p`�j
Adopu��ertifi ry ou ' Secretary
By:
Approvedb, �o D�ate� S � B� d 8�
BY (/�•—/VL�C�/�"'(��
Requested by Department of:
Safety and Inspections
Code Enforcement / Vacant Buildings
By:
Form 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
DepartmenUofficelwuncil: Date Initiated:
$� - DeQkofSafery&.Inspectioas ,��,R-08 Green Sheet NO: 3051020
ConWM Person & Phone:
Bob Kessler
266-9013
Must Be on Gouncif Agend
21-MAY-08
Doc.Sype: RESOLUTION
E-Document Required: N
Document Contact:
ConWCt Phone:
y ���a.�..�
0 e t of Safe & Ins ectlons
Assign 1 e t of Sate & Ins 6ons De ar�ent Director
plumbeK Z ' pttorne
For
Routing 3 or's Office Ma or/Assis�nt
Order 4 onncil
5 ' Clerk Ci Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
i: !
City Council to pass this resolu[ion which will order the owner(s) to remove the referenced buitding(s). If the owner fails to comply
with the resolution, the Deparhnent of Safety and Inspections is ordered to remove the building. The subject property is located at
359 STDNEY ST E.
Approve (A) or
Planning Commission
CIB Committee
Civil Service Commission
1. Has this persoNfirm ever worked under a contract for this depaRment?
Yes No
2. Has this persoalfirm ever 6een a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheH
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
This building(s) is a nuisance bui]ding(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 Imown to the Enforcement Officer were given an order to
repair or remove the building at 359 SIDNEY ST E by February 22, 2008, and have failed to comply with those orders.
Advantages If Approved:
The City will eliminate a nuisance.
DisadvanWgeS IF Approved:
The City 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 property tases.
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the wmmunity.
Disadvantages If Not Approved:
A nuisance condition will remain unabated in the Ciry. This building(s) will continue to blight the communiry.
� Transaction: CosVRevenue Budgeted:
F��a�ny so�rce: Nuisance Housing Abatement AM���b NumEer: 001-00257
Fina�cial Information:
(Erzplain)
May 6, 2005 3:56 PM Page 1
v. :
SUMMARY FOR PUBLIC HEARING
359 Sidney Street East
Legislative Hearing — Tuesday, April 29, 2008
City Council — Wednesday, May 21, 2008
The building is a one and one-half story, wood frame dwelling with a detached two-stall garage
on a lot of 4,742 square feet.
According to our files, it has been a vacant building since May 23, 2007.
The current properiy owner is Bank of New York c/o Country Home Loans Inc, per AMANDA
and Ramsey county property records.
The City of St. Paul has boarded this building to secure it from trespass.
There have been five (5) SUMMARY ABATEMENT NOTICES since 2007.
There have been four (4) WORK ORDERS issued for:
- Removal of tall grass and weeds
- Removal of refuse and miscellaneous debris
On January 2, 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 January 23, 2008 with a compliance date of
February 22, 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 $625.00.
Taxation has placed an estimated market value of $43,100 on the land and $94,800 on the
building.
As of Apri128, 2008, a Code Compliance inspection has not been completed.
As of Apri128, 2008, the $5,000.00 performance bond has not been posted.
Real Estate taxes aze current.
Code Enforcement Officers estimate the cost to repair this structure is $50,000-$60,000. The
estimated cost to Demolish is $9,400 to $12,400.
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.
DEPARTMEIVT OF SAFETY AND INSPECTIONS
DtckLippert Manager af Code Enforcement ���-{�
CITY OF SAINT PAUL
Nuisance &uilding Enforcement
Christopher B. Coleman, Mayar
1600 White Bear Ave N
Saint Paul, MN 55106
r
March 14, 2008
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Tel: (651) 266-1900
Fcu: (6�1) 266-1926
Depaztment of Safety and Inspections, V acant/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:
359 SIDNEY ST E
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing — Tuesday, April 29, 2008
City Council Hearing — Wednesday, May 21, 2008
The owners and responsible parties of record are:
Name and Last Known Address
Bank of New York as Trustee
c10 Countrywide Home I,oans
Ref#00080942238MN35
7105 Corporate Dr. PTX-35
Plano, TX 75024
Wilford & Geske
7650 Currell Blvd #300
Woodbury, MN 55125
Rod Amland
8599 W Pt Douglas Rd
Cottage Grove, MN 55016
West Side Citizens Organization
info(a�wsco.org
westsidesafe��mail.com
Interest
Fee Owner
Foreclosure Attorney
Interested Party
District Council Contact
AA-ADA-EEO Employer
359 SIDNEY ST E
March 14, 2008
page 2
The legal description of this property is:
THE WEST ST. PAUL REAL ESTATE AND IVi IPROVEMENT SYNDICATE
ADDITION NO. 2 LOT 17 BLK 16
ri s �
The Deparhnent of Safety and Inspections has declazed 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 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 February 22, 2008. There was no compliance and the
nuisance condition remains unabated, the community continues to suffer the blighring 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 Homans, Invest St. Paul
District Council — Community Organizer
pubhmg60183 1/08
Prope'rty Look Up Information - Structure Description
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> Structure Description
Property Identification 08.28.22.41.0067
Number (PIN)
Property Address 359 Sidney St E
St. Paui 55107-3137
Residential Property:
Year Built 1913
# of Stories 1.50
Style One And 3/4 Story
Euterior Wall Frame
Total Rooms 7
Total Family Rooms 1
Total Bedrooms 3
Full Baths 1
Hatf Baths 0
Attic Type
Finished SQ Feet 1236
Foundation Size 684
Basement Area Finished
Finished Rec Area
Garage Type Detached
Area (sq.ft.) 440
Parcel Size .11 Acres
Parcel Width 40.00 Feet
Parcel Depth 123.00 Feet
Land Use Code S10
Land Use Description R- Single Family Dwelling,
Platted Lot
http://rrinfo.co.ramsey.mn.us/public/characterisfic/Parcel.pasp?scrn=Dwelling&pin=08282... 4/28/2008
DEPARTMENT OF SAFETY AND INSPECTIONS
Dick Lippert Manager o Code Enforcement �-)�
CITY OF SAINT PAUL
Christopher B. Coleman, Mayor
��
January 23, 2008
Nuisance Building Enforcement
16Q0 White Bear Ave N
SaintPaul, MN5�106
www.stpaul.gov
Bank Of New York Trustee/Co Counhy Home Rod Amland
Loans Inc 8599 W. Pt Douglas Rd.
7105 Corporate Dr P� C 35 Cottage Grove, MN 55016
Plano TX 75024-4100
Wilford & Geske
7650 Currell Blvd, Suite 300
Woodbury, NIN 55125
Order to Abate Nuisance Building(s)
Dear : Sir or Madam
Tel: (6� 1) 266-1900
Fax: (651� 266-1926
The VacanUNuisance Buildings Unit, Department of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
359 SIDNEY ST E
and legally described as follows, to wit:
THE WEST ST. PAUL REAL ESTATE AND IMPROVEMENT SYNDICATE
ADDITION NO. 2 LOT 17 BLK 16
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 02, 2008, a Building Deficiency Inspection Report was compiled and the foilowing
conditions were observed.
This list of de�iciencies 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 wili identify specific defects,
necessary repairs and legal requirements to correct this nuisance condition. You
may also be required to post a five thousand dollar ($5,000.40) performance
bond with the Building Inspection and Design Office before any permits are
issued, except for a demolition permit.
AA-ADA-EEO Employer
7anuary 23, 2008
359 SIDNEY ST E
pa�e 2
��' . :
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.
This is a one and one-half story, wood frame dwelling with a detached, two stall,
wood frame gazage.
House
1. The light fixture have missing pieces, exposed wiring, and are unsupported.
2. There is damaged or missing handrails for the stairs to the 2" floor and to the
basement.
3. There are open plumbing lines and missing fixtures.
4. There is no GFCI outlet in the bathroom.
5. There are unfinished, open walls and ceilings.
6. There are damaged, open electrical components.
7. There is evidence of rodent infestation.
8. There is an improper drain for the basement sink.
9. There is improper electrical wiring to a fixture on the rear porch.
10. There is damage or missing storm and/or screen windows.
11. There is damage storm doars.
12. There is chipped/peeling paint on exterior surfaces.
13. There is rot damaged exterior walls and h
14. There is improper post and beam assembly in the basement.
15. The foundation has extensive area of deterioration.
16. There is mol'd on the basement wall.
Order
Repair the structure fo a habitable condition. This structure is a registered vacant
building that must have a Code Compliance Certi�icate 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
January 23, 2008
359 SIDNEY ST E
page 3
I: :
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 occupyin� the structure may result
in issuance of criminal summonses.
As owner, agent or responsible party, you aze hereby notified that if these deficiencies and the
resulting nuisance condition is not corrected by February 22, 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, inciuding administrative cosYs
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 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 shali
not be removed without the written authority of the Departsnent 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 arder 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 conective action
is not taken within the specified time, the City shall abate this nuisance. The costs of tt�is
action, including administrative costs will be assessed against the property as a special
assessment in accordance with law.
January 23,2008
359 SIDNEY ST E
page 4
If you have any questions or request additional informarion 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 Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
�: :
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BID TABULATION FOR: Q-26396-5 BUYER: MARK EVANGELIST
DEMO OF 359 SYDNEY ST E
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BID OPEI4ING DATE: FEBRUARY 7. 2008
Lump Sum Bid
iers Construction
:hael Huffinan
-330-0728 $ 9,400.00
�erl Recycling
� Bubert
-439-8399 $ 9 280.00
:talone Co
k Frattalone
-484-0445 $ 18 700.00
s Call
] Schxoeder
-780-9197 $ 13375.00
� Anderson & Sc
hard Orthmeyer
-774-2550
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— Re• 359 Sidney St E
STATE OF CALIFORHIA
COIINTY OF ORAN�E
AFFIDAVIT OF SERVICE
J � 1 `�,
�J1�� f�� , being duly sworn, on oath says that on
(Name of Server)
'1 / � /2008 at � : � �M
(➢ate o£ Service) (Time of Service)
s(he) served the attached: Notice of Public Hearings
upon: Bank of New York as Tzustee
therein named, personally at:
c/o Countrywide Home Loans
5220 Las Virgenes Road
Calabasas, CA 913D2
by handling to and leaving with:
(] the Registered Agent o£ Bank of New York as Trustee
[ j an Officer o£ Bank of New York as Trustee
[,�C]' a Managing Agent, someone within Bank of New York as Trustee whose management
capacity is such that (s)he exercises independent judgment and discretion
Person
a true and correct copy
Subscribed and Sworn to before me
/ /2008.
�/.� /
JACK W.BIGGERSTAFF
� COMYd. #15272A2 �
� NOTARYPU�LIC �CAUFORNIA �'
� LQSLANGELESCOUNTY +
�omm. Exp. NOV. 16, 2008
were
* Serv w as comp by a Intl cont2cto r etained bY M etr o L Services, In c.
Metro Legal Services, Inc.
330 2nd Avenue South, Suite 150, Minneapolis, MN 55401
T(612) 332-0202 or (800) 488-$994 F(612) 332-5215
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Apri129, 2008 Legislative Hearing Minutes Pa e 17
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13. Ordering the owner to remove or repair the building(s) at 359 Sidnev Street East within
fifteen (15) days from adoption of resolution.
The property owner of record, Bank of New York c/o Countrywide Home Loans, Inc., did not
appear. No other parties of interest appeared.
Mr. Magner stated the building was a one and one-half story, wood frame, single-family dwelling
with a detached two- stall garage on a lot of 4,792 square feet and had been vacant since May 23,
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
7anuary 2, 200, 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 January
23, 2008 with a compliance date of February 22, 2008. 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 $43,100 and the building to be
$94,800. Real estate taxes were current. Code Enforcement estimates the cost to repair the building
to be approximately $50,000 to $60,000. The cost for demolition was estimated to be
approximately $9,400 to $12,400. There had also been five summary abatements issued to this
property since 2007, four of which went to work order: to secure the building and the City had to
board the building to secure it from trespass, remove refuse and 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.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building had not
been surveyed and there was no historic value to the property.
Ms. Moermond recommended the building be removed within 15 days with no option for repairs.