09-1383AMENDED 12/16/09
RESOLUTION
Presented
Council File # 09-1383
Green Sheet # 3080497
CITY OF SAINT PAUL, MINNESOTA
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1 WHEREAS, Department of Safety and Inspections has requested the City Council to
2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking
3 and removal of a two-story, wood frame duplex located on property hereinafter referred to as the
4 "Subject Property" and commonly laiown as 872-874 LAFOND AVENUE. This property is
5 legally described as follows, to wit:
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THOMAS STREET ADDITION TO THE CITY OF ST. PAUL, RAMSEY COUNTY, MINN.
LOT 5
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
inforxnation obtained by Deparhnent of Safety and Inspections on or before May 18, 2009, the
following are the now known interested or responsible parties for the Subject Property: Sutton
Funding LLC c/o Special Assets NC 4742, 701 Corporate Center Drive, Raleigh, NC 27607;
Shapiro, Nordmeyer & Zielke, 12550 W Frontage Road, #200, Burnsville, MN 55337; Thomas-
Dale District 7 Planning .
WHEREAS, Department of Safety and Inspections has seived in accardance with the
provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to
Abate Nuisance Building(s)" dated August 18, 2009; 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 September 18, 2009; 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 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, November 24, 2009 to hear testimony and evidence, and after
receiving testimony and evidence, made the recommendation to approve the request to order the
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interested or responsible parties to make the Subject Property safe and not detrimental to the
public peace, health, safety and welfare and remove its blighting influence on the community by
rehabilitating this structure in accardance with all applicable codes and ordinances, or in the
alternative by demolishing and removing the structure in accordance with all applicable codes
and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen
(1S� days after the date of the Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
December 16, 2009 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 872-874 LAFOND AVENUE.
1. 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 esrimated 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 ar to demolish and remove the
building(s).
5.
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That the deficiencies causing this nuisance condition have 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 Deparhnent of Safety and
Inspections, Vacant/Nuisance Buildings.
That the known interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
••� '
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
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blighting influence on the community'�-� -�'��'��'�`�'�~� *'��° �'T.��.r° ^�a ^^-�°^`;~^ °"
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,..a...,,.e ..,:.�, .,ii ,.,...i:,...i.io ,.,.ae.. ..ra ,._a;.,.,,,,.e.. ,. ., .t,o .,i.o..,,.,.;.,e by demolishing
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and removing the shucture in accordance with all applicable codes and ordinances. The
:°w°'��"�°�� demolition and removal of the structure must be completed within
t"dteen (15) days after the date of the Council Hearing.
2. If the above corrective action is not completed within this period of time Department of
Safety and Inspections is hereby authorized to take whatever steps are necessary to
demolish and remove this structure, fill the site and charge the costs incurred against the
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 ar 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.
105 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested
106 parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
Requested by Deparhnent of:
Adoption Certified by Council cretary
BY� �� / ////lGl/l l�iLd��7✓'J
Approved by Mayor: ate JZ� Z 2���'/
BY � � a o�n�n
Safety and Inspecrions
Code Enforcement / Vacant Buildings
By:
Form Approved by Ciry Attorney
By:
Form Approved by Mayor for Submission to Council
By:
Adopted by Council: Date ���/l�l/ %
09-1383
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
; DepartmentlOfficelCouncil: j Date Initiated: .
; si -°ePt.°'saferis�'"SPe�'°"S nsePZOOS ' Green Sheet NO: 3080497
' �, Department SentTOPerson Initial/Date ��
; Contact Person 8 Phone: � ,
� BOB KESSLER ' '� 0 Dent. of Safetv & Inspections '
j 266-9013 � � 1 Dent. of Safetv & Inspectious Denartment Director �,
� Assi n � �, �, , ''�,
j Must Be on Council / A / genda by (Date): I Number � 3 Mavor's Office ;; mayor/ASSiscant �I
� la��� Y'� � For , � '
, i Routing 4 Couucil I I I
� Doc. Type: RESOLUTION j Order ,� 5'Ciry Clerk City Clerk �
� i
E-DocumentRequired: Y
Document Contact:
ConWCtPhone:
Total # of Signature Pages _(Clip All locations for Signature)
Action Requested:
City 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 resolution, the Deparhnen[ of Safety and Inspections is ordered to remove the building. The subject properry is
located at 872-874 LAFOND AVENUE.
Recommendations: Approve (A) or Reject (R):
Planning Commission -
CIB Committee
Civil Service Commission
Personai Service Contrects Must Answer the Foliowing Questions:
1. Has this person/firtn ever worked under a contract for ihis department?
Yes No
2 Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete 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 Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislarive Code. The owners, interested par[ies and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 872-874 LAFOND AVE by September 18, 2009 and have failed to comply with those orders.
Advantages If Approved:
The City will eliminate a nuisance
Disad4antages If Approved:
The Ciry will spend funds to wreck and cemove this building(s). These costs will be assessed to the proper[y, collected as a special
assessment against the property taYes.
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
Disadvantages If Not Approved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
Totai Amount of CostlRevenue Bud eted:
Trensaction: 9
Funding source: Nuisance Housing Abatement pct;v;ty Number: 001-00257
Financial I nformation:
(Explain)
November 25, 2009 235 PM Page 1
SUMMARY FOR PUBLIC HEARING 09-1383
872-874 Lafond Avenue
Legislative Hearing — Tuesday, November 24, 2009
City Council — Wednesday, December 16, 2009
The building is a two story, wood frame, duplex on a lot of 3,920 square feet.
According to our files, it has been a vacant building since May 4, 2009.
The current property owner is Sutton Funding Llc/Co Special Assets Nc 4742, per Ramsey
County Property Records.
The city has had to board this building to secure it from trespass.
There have been three (3) SUMMARY ABATEMENT NOTICES since 2009.
There have been three (3) WORK ORDER(S) issued for:
- Boarding/Securing
- Improperly stored refuse, garbage and misc debris
- Removal of tall grass and weeds
On July 30, 2009, 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 August 18, 2009 with a compliance date of
September 18, 2009. 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 paid. (assessed on 7-17-09)
Tasarion has placed an esrimated market value of $17,500 on the land and $111,400 on the
building.
As of November 19, 2009, a Code Compliance Inspection has not been completed.
As of November 19, 2009, the $5,000.00 per£ormance bond has not been posted.
Real Estate taxes are current.
Code Enforcement Officers estimate the cost to repair this structure which exceeds $85,000.
The estimated cost to Demolish is $10,000 to $12,000.
DSI, 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.
Tax and Property Look Up Information - Quick Info
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09-1383
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Property Identification Number
(PIN}
Property Address
35.29.23.21.0022
872 lafond Ave
St. Paul 55104-2107
Assessment Date 01-02-2008 01-OZ-2009
Tax Payable Year
Total Estimated Market Value
Total Taxable Market Value
Total Estimated Land Value
Total Estimated Building Value
Total Property Tax + Special
Assessments
2009 2010
$143,700
$143, 700
$32,200
$111, 500
$1,752
$128,900
$128,900
$17,500
$111,400
Property Class Description 2-3 Units Hstd 2-3 Units Hstd
Year Built 1889
# of Stories 2.00
Finished SQ Feet 1901
Foundation Size 864
The 6�lak or SecYa�n ��"�e�an�Yaip j@2ange aead l.�gai [7eser'sp�ior�
16sted b�l�ext may Es� an �fatarewiated B�gad cle�eri�ti�re - t3� r�ot use
t� parepsar� tegal t��cu��rats
Plat or Section / Township / Thomas Street Addition To,the
Range
Legal Description Lot 5
To determine whether your property is
Abstract or Torrens, call (651)266-
2000
Most Recent Qualified Sale 07-12-2002
Most Recent Qualified Price $125,000
http://rrinfo.co.ramsey.mn.us/public/characteristic/Parcel.aspx?scm=Quick&pin=352923210022&cnt=0 ll /19/2009
DEPARTMENT OF SAFETY AND INSPEC�3tl�3S3
Richard Lippert, Manager of Code Enforcement
ci� �F S�T pA�. 375 Jackson Street., Suate 220 7elephone: 651-166-8989
SaantP¢ul, MN55101-/806 Facs�mile. 651-266-19I9
Christopher B. Caleman, Mayar Web. wwwsfiaul eov/dsi
August 18, 2009
Sutton Funding LLC Shapiro Nordmeyer & Zielke
c/o Special Assets NC 4742 12550 Frontage Road W, #200
701 Corporate Center Drive Burnsville, MN 55337
Raleigh, NC 27607-5084
Order to Abate Nuisance Building(s)
Dear Sir or Madam:
The VacanUNuisance Buildings Unit, Department of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
872-874 LAFOND AVE
and legally described as follows, to wit:
THOMAS STREET ADDITION TO THE CITY OF ST. PAUL, RAMSEY COUNTY,
MINN. LOT 5
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 July 3Q 2009, 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. 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. All repairs must be in accordance with
appropriate codes. Changes or additions to the electrical system, mechanical system, or
the plumbing system may necessitate updating or upgrading the systems involved.
This is a two-story, wood frame duplex.
AA-ADA-EEO Employer
august is, zoo9 09-1383
874 LAFOND AVE
page 2
EXTERIOR
1. The eaves and soffits are in a state of disrepair or deterioration. Repair all
defects, holes, breaks, loose or rotting boazds, to a professional state of
maintenance. Permit may be required.
2. The exterior walls and/or trim of the house and/or garage has defective,
peeled, flaked, scaled or chalking paint or has unpainted wood surfaces.
Scrape and repaint to effect a sound condition in a professional manner.
3. The exterior walls and/or trim 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.
4. The foundation is deteriorated, defecrive or in a state of disrepair. Repair all
foundation defects in a professional manner to a weather-tight, water-tight and
rodent-proof condition. Permit may be required.
5. There are missing or defective guardrails. Provide all stairways, porches,
decks or steps which are more than 30" high with guardrails and intermediate
rails with openings in the guardrail no more than four (4) inches apart and in
accordance with the State Building Code.
6. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace
the roof covering to a sound, tight and water impervious condirion. Permit
may be required.
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.
8. The exterior walls of the house are defective. Repair all holes, breaks, loose
or rotting siding, to a professional state of maintenance.
9. STORM DOOR(S): The storm door(s) are in disrepair; repair or replace the
door(s).
10. DEFECTIVE STAIRS. Stairs aze broken, defective, or in disrepair. Repair in
a professional manner.
11. 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.
12. The windows and/or storm windows are in a state of disrepair. Replace all
missing or broken window glass. Make all necessary repairs to frames,
sashes, hardware and associated trim in a professional manner. Permit may be
required.
August 18, 2009
874 LAFOiv'D AVE
page 3
INTERIOR
09-1383
The interior ceilings are defective. Repair all ceiling defects and finish in a
professional manner.
2. The interior walls aze defective. Repair all wall defects and finish in a
professional manner.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and the
resulting nuisance condition is not corrected by September 18, 2009 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
Department of Safety and Inspection, 375 Jackson Street, Suite 22Q (651)266-8989. This
inspection will identify specific defects, necessary repairs and legal requirements to correct this
nuisance condition.
If this building is located in a historic district or site (noted above, just below the property
address) then you must contact Heritage Preservation (HPC) staff to discuss your proposal for
the repairs required by this order and compliance with preservation guidelines. Copies of the
guidelines and design review application and forms are available from the Depariment of Safety
and Inspections web site (see letterhead) and from the HPC staff. No permits will be issued
without HPC review and approval. HPC staff also can be reached by calling 651-266-9078.
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. The property shall not be sold, transferred ar conveyed in any manner
until the Nuisance Conditions have been abated and the Certificate of Code Compliance or
Certificate of Occupancy has been issued.
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 Deparhnent 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 acrion 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.
August 18, 2009
874 LAFOND AVE
page 4
09-1383
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
assessmentin accordance with law.
If you have any quesrions or request additional inforxnation please contact Matt Dornfeld
between the hours of 8:00 and 9:30 am. at 651-266-1902, 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
ota60135 5/09
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Serial # DEPSAI .`�3��
Re: 872-879 LAFOND AVE
S3'ATE OF NORTH CAROLINA
COUNTY 4E WARE
AFFIDAVIT OF SERVICE
lJ� �F1�/-5 , beir.g duly sworn, on oa[h says tnat on
(Name of Se=ver)
� / �Z /2009 at 2. :�� �M
{pate of Service) tTime of Service)
s(he) served the attached: Notice oE Public Hearing
upon: Svtton Funding LLC
*_herein �a�na_d, personally at:
by handSing to and leaving with:
� the Registered Agent of Sutton Funding LLC
j] an O£ficer of Sutton Funding LLC
[] a Managing Agent, someone within Sutton Funding LLC whose management capacity is
such that (s)he exercises independent judgment and discretion
�GL{7Ll.Lj � �
were left) (Title r Relationship)
a true and correct copy thereof.
\`���\1111111 i qlqf���
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s 2 01/19/2010 �
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* Service wa s completed by an
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contractor reWirted by M etro i.egat Services, Inc.
i
330 2nd Avenue South, Suite 15Q, Minneapolis, MN 55401
T(612) 332-0202 or (800) 488-8994 F(612) �32-5215
09-1383
Date: July 31, 2009 I3P District:
File #: 09 - 065970 Property Name:
Folder Name: 874 LAFOND AVE Survey Info:
PIN: 352923210022
09-1383
Date: July 31, 2009
File #: 09 - 065970
Folder Name: 874 LAFOND AVE
PIN: 352923210022
HP District:
Property Name:
Survey Info:
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09-1383
PIN: 352923210022
09-1383
Date: July 31, 2009 HP District:
File #: 09 - 065970 Property Name:
Folder Name: 874 LAFOND AVE 5urvey Info:
PIN: 352923210022
09-1383
Date: July 31, 2009
File #: 09 - 065970
Folder Name: 874 LAFOND AVE
PIN: 352923210022
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File #: 09 - 065970 Property Name:
Folder Name: 874 LAFOND AVE Survey Info:
PIN: 352923210022
09-1383
Date: July 31, 2009 HP District:
File #: 09 - 065970 Property Name:
Folder Name: 874 LAFOND AVE Survey Info:
PIN. 352923210022
09-1383
Date: July 31, 2009 HP District:
Fite #: 09 - 065970 Property Name:
Folder Name: 874 LAFOND AVE Survey Info:
PIN: 352923210022
09-1383
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PIN: 352923210022
Date: July 31, 2009
File #: 09 - 065970
Folder Name: 874 LAFOND AVE
HP District:
Property Name:
Survey Info:
09-1383
PIN: 352923210022
Date:
File #:
Folder Name:
PIN:
July 31, 2009
09 - 065970
874 LAFOND AVE
352923210022
HP District:
Property 1Vame:
Survey Info:
09-1383
Date: July 31, 2009
File #: 09 - 065970
Folder Name: 874 LAFOND AVE
P�'� 352923210022
HP District:
Property Name:
Survey Info:
09-1383
09-1383
Date: July 31, 2009 HP District:
File #: 09 - 065970 Property Name:
Folder Name: &74 LAFOND AVE Survey Info:
PIN: 352923210022
09-1383
Date: July 31, 2009
File #: 09 - 065970
Folder Name: 874 LAFOND AVE
PIN: 352923210022
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Date: July 31, 2009 FIP District:
File #: 09 - 065970 Property Name:
Folder Name: 874 LAFOND AVE Survey Info:
PIN: 352923210022
09-1383
November 24, 2009 Legislative Hearing Minutes Page 6
6. Ordering the owner to remove or repair the building(s) at 872-874 Lafond Avenue within
fifteen (15) days from adoption ofresolution.
Heidi Speikers appeared on behalf of HomEq L,oan Servicing, the service agent for Sutton Funding
LLC. No other parties of interest appeared.
Ms. Moermond asked for a report from Mr. Magner. Mr. Magner stated the building was a two-
story, wood frame, duplex on a lot of 3,920 square feet and had been vacant since May 4, 2009. A
code compliance inspection had not been done, the vacant building registration fees in the amount
of $1,000 went to assessment on July 17, 2009, and the $5,000 performance bond had not been
posted. On July 30, 2009, 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
August 18, 2009 with a compliance date of September 18, 2009. 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 $17,500 and the building to be
$ ll 1,400. Real estate taxes were current. Code Enforcement estimates the cost to repair the
building to $85,000. The cost for demolition was estimated to be approximately $10,000 to
$12,000. There had also been three summary abatements issued to this property since 2009, three
of which went to work order. to secure the building and the City had to board the building to secure
it from trespass, remove improperly stored refuse and debris, boarding/securing, 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 was built in
1890 and was a Queen Anne-style building. The side porch had been altered and this house was
identical to the house next door. This property had not been surveyed, was not located in any
potential historic district and did not have any potential as a historic resource to the neighborhood;
however, she encouraged rehabilitation of the building.
Ms. Speikers stated that she had the building inspected by a private contractor who estimated the
cost of the repairs to be $80,000. She said the bank was willing to sell the property for $5,000;
however, she did not believe anyone would want to invest over $80,000 in the property. She said
she had recommended to the bank that they allow the city to demolish the building.
Ms. Moermond stated that if the bank intended to rehab the property, the building would need to be
de-converted from a duplex to a single-family home. They would also need to do the following: 1)
post the $5,000 performance bond, 2) have a code compliance inspection, 3) prepare a wark plan, 4)
dedicate $85,000 towards the rehab of the building, and 5) the property must be maintained. If the
bank intends to demolish the building, they must have a signed contract with a ficensed demolition
contractor by the end of the resolution compliance period, otherwise, the city will proceed with the
demolition of the property. Ms. Moermond also suggested she contact non-profit organizations to
see if they had any interest in acquiring the property for rehabilitation.