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08-922AM�NDED 8/20/08 Council File #�.�_ Green Sheet # 3054950 Presented by 1 WHEREAS, Department of Safety and Inspecrions 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, single family dwelling and its detached, single caz 4 gazage with retaining wall located on property hereinafter referred to as the "Subject Property" 5 and commonly lrnown as 847 AGATE STREET. This property is legally described as follows, 6 to wit: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 EDMiJND RICE'S SECOND ADDITION TO THE CITY OF ST. PAUL LOT 2 SLK 3 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Department of Safety and Inspections on or before January 7, 2008, the following are the now lrnown interested or responsible parties for the Subject Property: Leroy R Smithrud, 3317 Hampshire Ave N, Golden Valley, MN 55427; Leroy Smittu 7356 Rosewood Lane N, Maple Grove, MN 55369; Richard Su Xiong, 133 Richmond St E, South St. Paul, MN 55075; District 6 Planning Council. WHEREAS, Departrnent of Safety and Inspections has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order idenrified as an "Order to Abate Nuisance Building(s)" dated May 1, 2008; and WHEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subj ect 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 Subj ect Property by June 2, 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 itt 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, July 29, 2008 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested � -�zZ — - -- - ��sitsTe-paz�es m e- e- �ee o�e_�sa eaa = -- -- - 42 health, safety and welfare and remove its blighting influence on the community by rehabilitating 43 this structure in accordance with all applicable codes and ordinances, or in the altemative by 44 demolishing and removing the sh in accordance with all applicable codes and ordinances. 45 The rehabilitation or demolition of the structure to be completed within fdteen {15) days after 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 the date of the Council Hearing; and WHEREA5, a hearing was held before the Saint Paul City Council on Wednesday, August 20, 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 hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 847 AGATE STREET. i. 2. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 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 laiown responsible parties to conect 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 Subj ect Property which declazes it to be a nuisance condition subject to demolition. That this building has been routinely monitored by Deparhnent of Safety and Inspections, VacanUNuisance Buildings. 8. That the laiown 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 b; �::u�::.�R�ia�� °w,:��,:,,, ,.::,a. ,,,,,�.,;,�' .� S., ..su C� - ��. 89 90 91 92 93 94 95 96 97 98 . - - __ _.. -� �e :....� ii r i:,...i.ie ,.,,,�,,.. .,�a „_a :............ .... .. «w,. .,�«,.,,,..+;..,, by demolishing �_: and removing the structure in accordance with all applicable codes and ordinances. The ��ex-e� demolition and removal of the structure must be completed within `��r�� five days after the date of the Council Hearing. 2. If the above corrective action is not completed within this period of tune Department of Safety and Inspections is hereby authorized to take whatever steps are necessary to demolish and remove this 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. 99 3. 100 101 102 103 104 105 4. 106 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 shail be removed from the property by the responsible parties by the end of this time period. If a11 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 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. Boshom Carter Harris Stark Thune Adopted by Council: Date Adoprion Certified by Council Secxetary By: � Approved M or: Date p 'j � By: Requested by Deparhnent of: Safety and Inspections Code Enforcement / Vacant Buildings Sy: Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council Sy: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green �et $� — Dept o{Safety & Inspections � 03JUN-98 CoMad Person 8 Phone: Bob Kessler 266-9013 Must Be on Council Agend 20-AUG-0B Doc. Type: RESOLUTION E-DOCUment Required: N Document Coniact: CoMact Phone: y Assign Number Far Routing Order ToWI # of Sig�aWre Pages _(Clip All Locations for Signature) Green Sheet NO: 305495Q 0 t of Safe & I 'ons 1 L of Satetv & Ins 'ons De anment Director 2 i Attome 3 a or's Office Ma or/ASSistant A Wecil 5 i Clerk (.1 Clerk City Council to pass this resolution which will order the owner(s) to remove or cepair the referenced building(s). If the owner fails to comply with [he resolution, the Depathnent of Safety and Inspections is ordered to remove the building. The subjecf property is located at 847 AGATE ST . Planning Commission CIB Committee Civil Service Commission t. Has this personffirtn ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a aty employee? Yes No 3. Does this person/firm possess a skill not normaliy possessed by any current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Ckapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties k�own to the Enforcement Officer were given an order to repair or remove the building at 847 AGATE ST by June 2, 2008, and have failed to comply witk those orders. Advantages If Approved: The Ciry will eliminate a nulsance. Disadvantages If Approved: The Ciry will spend funds to wreck and remove this building(s). These costs will be assessed to the proper[y, collected as a special assessment against the property taxes. A nuisance condition will remain unabated in the City. This building(s) will continue to hlight the community. Disadvanfages If Not Approved: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. Total Amoum m . CosURevenue Butlgeted: Transaction: Fundiny source: Nuisance Housing Abatement A��v;ry Number. 001 A0257 Fioancial lnformaGon: (Explain) �u� � � 2ooa . � June 4, 2008 8:32 AM Page 1 � I • i� • . 847 Agate Street Legislative Hearing — Tuesday, July 29, 2008 City Council — Wednesday, August 20, 2008 The building is a one and one-half story, wood frame, single-family dwelling with a detached one-stall gazage, on a lot of 7,405 square feet. According to our files, it has been a vacant building since November 7, 2007. The current properry owner is Leroy Smithrud, per AMANDA and Ramsey county property records. The City of St. Paul has boarded this building to secure it from trespass. There have been six (6) SUMMARY ABATEMENT NOTICES since 2007. There has been one (1) WORK ORDER issued for: - Removal of snow and ice On March 25, 2008, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. t�n ORDER TO ABATE A NUISANCE BUILDING was posted on May 1, 2008 with a compliance date of June 2, 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 $250.00. Taxation has placed an estimated market value of $46,600 on the land and $74,600 on the building. As of July 28, 2008, a Code Compliance inspection has not been completed. As of July 28, 2008, the $5,040.00 performance bond has not been posted. Real Estate taxes are delinquent in the amount of $886.18 plus penalry and interest. Code Enforcement Officers estimate the cost to repair this structure is $60,000-$70,000. The estimated cost to Demolish is $13,134 to $17,134. NHPI, Division of Code Enforcement Resolution submitted for consideration orders the property owner to repair or remove this structure within fifteen (I S) days, if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. � S � � � � CITY OF SAINT PAUL Nuisance Building Enforcement ChristopherB. Caleman, Mayor 1500 P✓hiteBearAveN Saira Paul, MN 551 D6 7une 6, 2008 NOTICE OF PUBLIC HEA.RINGS Council President and Members of the City Couneil Tet' (651) 264-1900 Faz: (65I) 2b6-142b Department of Safety and 7nspections, VacanUNuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolurion ordering the repair or removal of the nuisance building(s} located at: 847 AGATE ST The City Council has scheduled the date of these hear'sngs as follows: Legislative Hearing — Tuesday, July 22, 2008 City Council Hearing — R'ednesday, August 26, 2008 The owners and responsibte parties of record are: Name and Last Known Address Leroy Smithrud 3317 Hampshire Ave N Golden Vailey, MN 5542? Leroy R Smithrud 7355 Rosewood I,ane N Maple Gmve, MN 55369 Richazd Su Xiong 133 Richmond St E South St Paul, MN 55075 District 6 Planning Council District6 aC�a, westoffece.net Interest Fee Owner Fee 4wner (alt address) & C of O Responsible ParCy Interested Party District Councii Contact AA-ADA-EEO Employex o��q �a page 2 The legal description af this property is: EDMIJND RICE'S SECOND AI3DTI'ION TO THE CTTY OF ST. PAUL LOT 2 BLK 3 The Department of Safety and Inspections has declazed 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 known responsible partaes to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this building(s). The property was re-inspected on June 2, 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 Inspeetions 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 Departrnent of Safety and Inspections to proceed to demalition and removal, and to assess the c,osts incurred against the real estate as a special assessment to be collected in the same manner as taJCes. Sincerely, Steve Nfagner Steve Magner Vacant Buildings Manager Department of Safety and Inspections SM:nm cc: Chad Staul, City Attomeys Office Mary Erickson, Assistant Secretary to the Council Ciady Cazlson, PEB-Housing Division Nancy Homans, Invest St. Paul District Council — Community Organizer pubhmg6Di 83 3/08 Property Look Up Information - Structure Description Page 1 of 2 �8 Hame Site (�ta� rcnfac: :;s Property Look Up Information - Structure Description Home � � Ir�formation � y Propertv Look U� � � Recard Look Up �( Contact 11s �iew_ProQerty Search_ Back ta_Search Res,ui�s Quick Infa i-rop e rty. I nf o rm a t i o n Texpayer_ Na€�re_ and Address Va1 Information Value Historv Structure Description Sale Informatlon S�ecisl Assessmants Prooerty iax Pavment Snformation Pro�erty 7ax,Payr�^�e��t N3story Current Pror�ertv Tax Statement/Value Notice 2007 �ropert�Tax Sta�emer�t/Value iVotice 20Q6 ProperCy Tax Statement�Val�!e Not+ce 20d5_ Propert� Tax Stateme€�tNalue Notice > Structure Description Property Identification 30.29.22.42.0073 Number (PIN) Property Address S47 Agate St St.Paul 55117-5516 Residential Property: Year Built 1&92 # of Stories 1.50 Style One And 3/4 Story Exterior Wa11 AluminumJvinyl Total Rooms 6 Total Family Rooms 0 TotalBedrooms 3 Full Baths 1 Half Batfis 0 Attic 7ype Finished SQ Feet 1526 Foundation Size 1064 Basement Area Finished Finished Rec Area Garage Type Detached Area (sq.ft.) 324 Parcel Siae .17 Acres Parcel Width SO.OQ Feet Parcel Depth 150.00 Feet Land Use Code 510 Land Use Description R- Singie Family Dweliing, Platted Lot http://rrinfo. coramsey.mn.us/public/characteristic/Parcel.pasp?scrn-Dwelling&pin=3 0292... 7/24/2008 DEPARTMENT OF SAFETY AND 1NSPECTIONS Dick Lippert Manager of Code Enforcement �(�� Christopher B. Colemcan, Mayor 1600 White Bear dve N SaintPaul, MIV55106 www.stpaul.gov May Ol, 2008 Leroy R Sinithrud 3317 Hampshire Ave N Golden Valley MN 55427-2250 Order to Abate Nuisance Building(s) Dear : Mr. Smithrud Tel (6i1) 266-19Q0 Fczxr (651) 26b-I926 The VacantlNuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 847 AGATE ST and legally described as follows, to wit: EDMUND RICB'S SECOND ADDITION TO TAE CTTY OF ST. PAUL LOT 2 BLK 3 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 March 25, 2008, a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily all the deficiencies present at this time. As first remedial action, a Code Compliance Inspec6on must be obtained from the Building Inspecrion and Design Section, 8 Fourth Street East, Suite 200, Commerce Building (651)266-909Q. That inspection will idenrify speci�c defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a tive thousand dollar ($5,000.00) performance bond with the Building Inspection and Desian Of�ice before any permits are issued, except for a demolition permit. This building(s) is subject to the restricfions of Saint PaulOrdinance Chapter 33.03 and shall not again be used for occupancy until such tnne as a Certificate of Compliance or a Certificate of Occupancy has been issued. AA-ADA-EEO Employer ��-��a Interior 1. The bathrooan floor covering is deteriorated or inadequate. Provide floor covering which is impervious to water and easily cleanable throughout the bathroom and seal around the edges and fixtures. Z. The chimney is defective, deteriorated or in a state of disrepair. Replace all missing or defective bricks, tuckpoint as needed to restore the chimney to a professional state of maintenance and repair. Permit may be required. Due to the number of deficiencies, a Code Compliance Inspection will be requixed before a Placard Lift will be issued. 4. Lack of Electricity. Immediately restore electrical service. Failure to provide proper electrical service will result in these premises being declared Unfit for Human Habitation and ordeted vacated for lack of this basic facility. Use of candles, fuel operated lighting or extension cord wiring is not permitted while the power is off. 5. The exterior walls and/or him 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. 6. FURNACE: Have a licensed heating contractor service and clean the furnace or boiler and make any necessary repairs. Perform a Cf0 test on the heating plant. Then, send the attached form back to the Inspector. Repair of gas fired appliances requires a permit. 7. Lack of Natural Gas Service. Immediately restore natural gas service. Failure to provide natural gas service will result in these premises being declared Unfit for Human�Habitation and ordered vacated for lack of this basic facility. 8. G.F.C.I.: The bathroom is lacking an electrical G.F.C.J. outlet, Permit May Be Required. 9. The stairs have missing or defective handrails. Provide all interior and exterior stairv✓ays and steps of more that three (3) risers with handrails which are grippable and installed 34" to 3 8" above the nose of the stair treads. 10. The interior ceilings are defective. Repair a11 ceiling defects and finish in a proFessiona] manner. 11. The interior walls are defective. Repair a11 wall defects and finish in a professional manner. o�-�aa 12. areas. foundation if necessary to rodent-proof the building to prevent re-infestation. Unmediately remove any dead rodents from the premises. 13. The roof is deteriorated, defective or in a state of disrepair. Repair or replace the roof covering to a sound, tight and water impervious condition. Permit may be required. 14. SANITATION: Immediately remove improperly stored or accumulated refuse including; gazbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, tires, 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. 15. The structure is a registered vacant building and must have a Code Compliance Certificate before the structure may be occupied. Isnmediately vacate the structuxe or obtain a Code Compliance Certificate from L.I.E.P. You may contact Jim Seeger at L.I.E.P. for 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 or to vacate the structure may result in issuance of criminal summonses. 16. The structure is a registeted vacant building and must have a Certificate of Occupancy before the structure may be occupied. Immediately vacate the structure or obtain a Certif'icate of Occupancy from the Fire Department; Fire Prevention. You may contact Pat Fish for team inspection and issuance of Certificate of Occupancy. 17. The window andlor 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. 18. The windows and/or storm windows are in a state of disrepair. Replace all missing or broken window glass. Make a11 necessary repairs to frames, sashes, hardware and associated trim in a professional manner. Permit may be required. 19. Smoke Detector: Lack of properly installed and operable smoke detector. Provide funcrioning smoke detectors in accordance with the attached requirement, within 24 hours. Exterior 1. Due to the number of deficiencies, a Code Compliance Inspection will be required before a Placard Lift will beissued. 2. The eaves and soffits are in a state of disrepair or deteriorarion. Repair all defects, holes, breaks, loose or rotting boar�ls, to a professional state of maintenance. Permit may be required. AA-ADA-EED Empioyer �i .. condition in a professional manner. 4. The exterior walls and/or trim of the gazage 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. 5. The exterior walls and/or irim of the house has defective, peeled, flaked, scaled or chalking paint or has unpainted wood surfaces. Scrape and repaint to effect a sound condition in a professional manner. 6. 'Tl�e foundation is deteriorated, defective or in a state of disrepair. Repair all foundation defects in a professional manner to a �veather-tight, water-tight and rodent-proof condition. Permit may be required. GARBAGE AND RUBBISH STORAGE AND REMOVAL: Provide approved containers with right fitting covers. These containers must be of sufficient quantity and capacity to contain the rubbish and garbage from the unit(s). No rubbish or garbage may be stored outside in plastic bags. Weekly garbage and rubbish removal service is required. It is the propertv owner's responsibilitv to provide containers and removal serv_ice. The Saint Paul Legislative Code requires occupants to properly dispose of garbage and rubbish by placing it in approved containers. 8. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace the roof covering to a sound, tight and water impervious condition. Permit may be required. 9. SANITATION: Immediately remove improperly stored or accumulated refuse including; garbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, tires, 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 stared in an approved manner, so as not to constitute a nuisance. 10. 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. 11. Remove or repair the retaining wall. 12. 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. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by June 2, 2008 the Departrnent of Safety and Inspections, Division of Code Enforcement, will begin a substantial abatement process to May 1, 2008 847 AGATE ST pa�e 5 and demolition costs will be assessed against the property taYes as a special assessment m 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 n200, Commerce Building, (651)266-9090. This inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. . lii� � . • As an owner or responsible party, you aze 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 declazes it to be a"nuisance condition", subject to demolition and removal by the City. This placard shall not be removed without the written authority of the Deparirnent of Safety and Tnspections, Division of Code Enforcement. The deparhnent is further required to file a copy of tYiis "Order to Abate" with the City Clerk's Office. If corrective acfion is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessuy. 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 far 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 accordance with law. May i, 2008 847 AGATE ST page b 8 0� and 9:30 a.m. at 651-266-1929, 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 Cazlson - PED Housing Amy Spong — Heritage Preservation e�--�aa ota60135 I2/07 �: • SID TABUALTION FOR: Q-26778-5 BUYER: DSI BID OPENIi�:G DATE: 7UNE 12, 2��8 uberl Recycling ob Buberl 51-439-8399 �_12,634.00 uelow Excavating ohn Buelow 51-436-5326 $ 15 312.00 reative Services ichard Kosman 51-434-3161 $ 16 740.00 ayco Excavating ory Matter 12-619-1487 $ 23,950.00 empte Excavating ulie Semple 51-772-1444 $ 25 437.00 tabl06/13/08(ME/bm MS Construction odd Schmidt 52-226-6300 � 13,000.00 KA KAMISH: NO BID F� � W � � r � � � H o � 0 ¢' ti � 'O d ee q � � � � � � H izo �D � � � �� r x w U N � > � � O y � � y ,. ] U aE � F �� O O�q � � 0 � �? � Z HN � � �h�A U v' x a° a° °o °O o o � 0 00 0 �FQ �� N°�� °�� t� � r r � r a w a ¢� U w -y � � W ° � a W w �.�+ a °'a .� � a w z �z � a, �`j � � a "' � � � d U�a x�z � v�� Z � �� 0� c' a� � � 0 � � � � o !Q 9 � 0 � � W U j� H � o, '� �, N z ,� o � � w M a� ��-aW >� �� W� �� „� �� s�Z en.,�, � o H� - � � � p� o� � � H �� O� '�Co� �3 �� s �n N ° v��a �"�' � G1y �-' c�a '� F�i O � `O U t%] �+�„ y vl � G� a� s. �� c� J� O�b s�+N � U M'� W U ti aMt7 a�� r��r tlC1 �� r ♦ 0 0 y 6 AFFIDAVIT OF NOT FOUND COUNTY OF HENNEPIN METRO LEGAL SERVICES Rick Sinner, agent for Metro Legal Services, {nc., being du{y swom, on oath deposes and states that agents in his employ attempted to serve the attached Notice of Public Hearing upon Leroy Smithrud, therein named, personalfy at hisiher fast known address located at 3317 Hampshire Ave. North, Crystal, County ofi Hennepin, State of Minnesota, and was unable to locate him/her there for the purpose of effecting personal service of process, � �-`� —� � Subscribed and swom to before me on _ t�.� � , 2008 � � �� ,/ ; ��i �� r�� V -��-c' � � �;µ�� r � �w '�� ar�as v. stt�woee�c� � � S`,��a;'"�' NUTAAY PUBLI^u•MINNESOTA �' � � Cae�nleeWn Fxpha J�ti 31, 209i � � 869571 - 1 RE: 847 Agate St 4 �� 4; � �T � � P �'.. �`�3F� ;2L 4 � 4 �� a � ; , " � ? } "a'l WY� �G� '£ ; k � : � � � x " s @`; �� & 4�:'m m eY�� A` � � � � N �� } � �l�t f �� ; fi ,� x�:.� !, � i ��, , ��}�'q 1.�3 _ �i ; �� , ,. .. ar�:-�I��$�.. gn.' v.. . .. .. . ... �. , e v 31 � T •'. .�. �v�-y,y��'�`-�., s q +. i'S .r ; i y � _s � � � 3�� \�� 4.'�TI .. � � � � Q m u � 1 � : � ; ,�, ��.. � �_3 _ � _ ; � 4 �� F_ �� . � � x� " �� -4� } � _ ?` �. �,. �- �`�,... a:" "��-. ..__ �v� , � �� .�� :�� - �: -�. � �g �; _ _�, Date: March 25, 2008 File #: 07 - 194309 Folder Name: 847 AGATE ST i ,'• , I� PIN• 3112�224�997� _ Date: File #: Folder Name: March 25, 2008 07 -194309 847 AGATE ST �� r�i Date: March 25, 2008 File #: 07 - 194309 Folder Name: 847 AGATE ST �s 'ai mo��=-�� ,, � � Date: March 25, 2008 File #: 07 -194309 Q3�-r{� Folder Name: 847 AGATE ST _. �_. Date: March Z5, 2008 File #: 07 - 194309 Folder Name: 847 AGATE ST �/ � i Date: March 25, 2008 File #: 07 - 194309 d ° •.. Folder Name: 847 AGATE ST Date: March 25, 2008 �8� aa File #: 07 - 194309 Folder Name: 847 AGATE ST Date: March 25, 2008 Fiie #: 07 -194309 Folder Name• 847 AGATE ST �� Ils ., Date: March 25, 2008 File #: 07 - 194309 Folder Name: 847 AGATE ST Date: March 25, 2008 ��Qaa File #: 07 -194309 Folder Name: 847 AGATE ST �� _ �` 4�. �3t � . ��{� � � -. �: �� k. . . � a a r�?" A�� ' � �; �� ' - .' 3 ��"�' "`.,< s �. i ..x;. 'rS' �Y a �„ ' '� ..a � .�� ,�s�� ' , i �� ;, � � fi . n:. . -._. .�.. �. ._. �. .y'°rim' . r:.zn. �C,. . Date: Marc6 25, 2008 � File #: 07 - 194309 Folder Name: 847 AGATE ST P7N• zmo��dvnnaz ___._.___ Date: March 25, 2008 �p"�� File #: 07 - 194309 Folder Name: 847 AGATE ST PIN• _ . . _. �� Date: March 25, 2008 File #: 07 -194309 Folder Name: 847 AGATE ST Date: March 25, 2008 File #: 07 - 194309 Folder Name: 847 AGATE ST • 1• �. rl. � � r Date: March 25, 2008 File #: 07 - 194309 Folder Name: 847 AGATE ST D��4aa Date: March 25, 2008 File #: 07 - 194309 Folder Name: 847 AGATE ST ��r aa, Date: March 25, 2008 File #: 07 - 194309 Folder Name: 847 AGATE ST 0�� Date: March 25, 2008 File #: 07 - 194309 FoSder Name: 847 AGATE ST -- - -- _ - — Date: March 25, 2008 o�-�i�� File #: 07 - 194309 Folder Name: 847 AGATE ST �-� aa Date: March 25, 2008 File #: 07 - 194309 Folder Name: 847 AGATE ST -.-.- •-- ��3i+i��x— - - ° -- — -- - ° - - _ --- -- --- Date: March 25, 2008 �� ` File #: 07 - 194309 Folder Name: 847 AGATE ST — : _zn�aa_ - - - ° "— - _-=�.��4289'�3--�= - °-° --- — - ------ �=— ----. Date: March 25, 2008 �� File #: 07 - 194309 Folder Name: 847 AGATE ST �� -�i�! Date: March 25, 2008 �-�� Fite #: 07 - 194309 Folder Name: 847 AGATE ST -P-IAI - _ ° - . . . _` - ' -- _----- -=--- - - Date: March 25, 2008 �—�� File #: 07 - 194309 Folder Name: 847 AGATE ST "-- --- �_ __. . .. — ---�— Date: March 25, 2008 File #: 07 - 194309 Q�� Folder Name: 847 AGATE ST July 29, 2008 Legislative Hearing Minutes The property owner of record, Leroy Smithrud, appeared. Page 7 88`Q� Mr. Magner stated the building was a one and one-half story, wood frame, single-family dwelling with a detached one-stall garage on a lot of 7,405 square feet and had been vacant since November 7, 2007. A code compliance inspection had not been done, the vacant building registration fees were delinquent in the amount of $250, which he believed wouid be $1,000, and the $5,000 performance bond had not been posted. On Mazch 25, 2008, 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 May 1, 2008 with a compliance date of June 2, 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 $46,600 and the building to be $74,600. Real estate taxes for were delinquent in the amount of $886.18, plus penalty and interest. Code Enforcement estimates the cost to repair the building to be approximately $60,000 to $70,000. The cost for demolition was estimated to be approximately $13,134 to $17,134. There had also been six suminary abatements issued to this property since 2007, one of which went to work order: to secure the building and the City had to boazd the building to secure it from trespass and remove snow and ice. Code Enforcement recommends the building be repaired or removed within 15 days. Mr. Magner presented photographs of the property. Ms. Moermond reviewed the photographs and noted a dead mouse in one of the photos. Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building was built in 1892 as a worker's cottage-style building and was located on the North End. She noted that there were several empty lots and in-fill housing along this block. She also noted that the siding had been covered and there didn't seem to be any strong architectural detail remaining to the building. She said that demolition would not have an adverse effect on the neighborhood. Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner stated that the C of O was revoked on October 29, 2007 by Fire Prevention which deficiencies included: repair and maintain the window glass; provide and maintain window screens; provide and maintain all exterior walls free from holes and deterioration; all wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner from chipped or peeling paint; all exterior property areas be maintained free from any accumularion of refuse, garbage, or feces; complete and sign the smoke detector affidavit; provide the inspector with a complete and signed residential occupancy affidavit. Ms. Magner stated that if the building were found to be unoccupied, the C of O is revoked. If the building were occupied, they would send a correction notice to comply with the orders. Since the building was found to be unoccupied, the owner would be required to obtain a code compliance inspection, register the building as vacant, obtain permits, and begin the rehab. At that time, the work should have been completed within three to six months. Vacant Building inspectors had been at the property numerous times and found the building open to access, found tall grass and weeds, found snow and ice, and had to issue numerous summary abatement notices. He noted that the property owner did comply with some of the summary abatement notices; however, this property certainly met the definition of a nuisance building. July 29, 2008 Legislative Hearing Minutes Mr. Smithrud . �: � i . - �ernergeucq she3tei�inCe �ha�ic to ielocate to a shelter, they were unable to remove any of their personal items. He said he didn't blame the tenants for trashing the properry since they only had 24 hours to move out. He believed the City was taking vengeance against him. He did acknowledge that they had received the letter to meet with the inspector on March 25 at 10:00 a.m. which they showed up for; however, no inspector showed up so they left at 10:30. One of the neighbors informed them that they saw two gentlemen show up in the aRernoon in a City vetricle and broke into the house through a window. Ae claimed that every time the property was inspected, he believed the inspector would break in and then send them an arder to secure the doors and windows. Ms. Moermond asked Mr. Magner how the building was found to be open to access on March 25. Mr. Magner responded that the inspector found the front door to be open to access; it was also found to be open to access on May 5 with the front doox being open. On re-inspection, it was noted that the owner had secured the front door. Ms. Moermond asked why the property taxes were delinquent. Mr. Smithrud responded that since the City was going to tear the building down, why should he pay the taxes. He also said that the City had kicked out the tenants and they told him he couldn't do anything until he had a hearing. Mr. Magner stated that accarding to the file, after the revocation of the C of O, the file was transferred to the V acant Building Program and the property was posted. The owner claimed that the building was not vacant and the inspector inspected the building on November 15, 2Q07 and found that new tenants had moved in approximately two days after the vacant building notice was posted. Ms. Moermond stated that since there had been outstanding orders on the building since the beginning of November, 2007, he could haue applied for the code compliance inspection, pulled permits, and began making the repairs and rehabbing the building for re-occupancy. She asked why they had not complied with the order to abate a nuisance building that was posted on May 1. Mr. Smithrud claimed that he had called Jim Seeger concerning the code compliance inspection and Mr. Seeger indicated to him that they needed to clean everything out befare he would inspect the building. They cleaned everything out of the building and called Jim Seeger to schedule the code compliance inspection. Mr. Seeger indicated to him that the earliest he could inspect the building was August 6. Mr. Magner stated that for the record, another letter was sent out on November 7, 2007 indicating that a code compliance inspection would be required and how to apply for an appoinhnent. According to STAMP, Mr. Seeger did not receive a code compliance inspection application until July 24, 2008. Ms. Moermond asked Mr. Smithrud what his plans were for the building. Mr. Smithrud responded that he wanted to rehab the building krimself and would sell it. Ms. Moermond recommended continuing the hearing to August 19 and would need to provide the following prior to or at the hearing: 1) pay the vacant building fees; 2) complete the vacant building regjstration form; 3) pay the $5,000 performance bond; 4) real estate taxes must be paid; 5) the July 29, 2008 Legislative Hearing Minutes Page 9 o�-� aa property must be maintained; 6) complete a work plan done in accordance with the code compliance �as�ec_'on r " - - rovi � anci - oeume� _ on-�n ---nb e-a�r�° - - -_ --=--- - - complete the repairs. 6g-9��- _ -- - - August 18, 20518 Re: 847 Agate Re: 1863 Mantana Ms. Moermond: Thank you for your ietter, but I must strongly disagree with your request for a $6000 or more irnestment without knowing the conclusion of the code compliance. The code compliance could indicate the cost o# $1 or one mi{lion dollars, thus obviousfy changing tha way the praperty v�►ould be handled. l believe the hearings should be postphoned for at least thiriy days to be able to gaYher all the facts and the proper way to handle them. Your timely response is expec#ed. Thank you Leroy Smithrud 763-49&-1704 d g� 92 CIT'Y OF SAINT PAUL •�_ _ _., __---- -- -- � � - " --_-�- ---`^— 310 CITY HALL I S WEST KELLOGG BOULEV ARD +86• SAINT PAiJL, MN 55102-1615 EMAIL: lesislati vehearines,^a, ci.stoaul.mn.us PHONE: (65])266-8560 FAX: (651)266-8574 August 19, 2008 Leroy Smithrud 7350 Rosewood Lane Maple Grove, MN 55369 RE: 847 Agate St. Dear Mr. Smithrud: I am in receipt of your letter dated August 16, 2008. Tn this letter you made several statements which I think must be conected. You state that it is my request that you post a$5,000 performance deposit and pay the $1,000 vacant building fee. Neither of these are a request on my part, but rather a reiteration of the City's Legislative Code as it pertains to the rehabilitation of dangerous and nuisance structures. Posting the $5,000 bond is one of the requirements to be able to pull building permits to repair the structure. If you choose not to post the performance deposit, building permits will not be issued if you choose not to pay the due and owing vacant building fees, they will be assessed to this property's taaces. They must be paid whether or not you choose to repair the building. You seem to indicate that the money for the performance deposit and vacant building fees would be invested by you without a guarantee of a grant of time from the City Council to do the repairs. We have discussed this a number of times in Legislative Heazing, you have been made aware that if the Council does not grant time for the building's repair, the Department of Safety and Inspections (DSI) will return the deposit after you submit a written request. Thus, that $5,000 would not be lost, unless you chose not to make a written request for its return. With respect to the code compliance inspection, it has been plain since the issuance of the Order to Abate a Nuisance Building, issued on May 1, 2008. Prior to that, the requirement was cleazly specified in the vacant building regisuation forms which have been sent to you at least annually. The code compliance inspection will provide a list of the items which need to be addressed before the building can be reoccupied. Although this list will inform the development of a work plan for the repair of 847 Agate, it does not constitute a plan in and of itself. Finally, you indicate that the dollaz amount attached to the rehabilitation of the buiiding could be arbitrary and range anywhere from $1 to $1,OQQ,QOQ. This is an exaggeration to say the least. In the Legislative Hearing on July 29, 2008 staff presented a dollar estimate for the repair of this Smitl�rud Letter August 19, 2008 G��.�2 _ _. _ - - - -- — - — - ---- ---- — - --- - - -- - - - - building as being between $60,000 and $80,000. Before I recommend a grant of time, you must demonstrate that you have this money set aside for the repair of this building. If you have further questions, please feel free to write another letter or bring them to a hearing. Sincerely, /�/ Mazcia Moermond Legislative Hearing O�cer