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09-548AMENDED 6/3/09 Council File # 09-545 Green Sheet # 3067096 RESOLU710N SAINT PAUL, MINNESOTA 3 � Presemed WHEREAS, Deparlment of Safety and Inspections has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one and one-half story, wood frame duplex located on property hereinafter referred to as the "Subject Property" and commonly known as 422 CHARLES AVENUE. This property is legally described as follows, to wit: SMITHS SUBD OF BLKS 910 15 AND 16 LOT 50 BLK 16 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 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Department of Safety and Inspections on or before October 20, 2008, the following are the now known interested or responsible parties for the Subject Property: � K 3 Investments LLC, 631 University Ave W, St. Paul, MN 55104; Jeffrey Lamkins, 15050 Cedar Ave, #116, Apple Valley, MN 55124; Fannie Mae, c/o Claude A Worrell - REO Results Group, 1118 Cedar Lake Rd S, Minneapolis, MN 55405; Thomas-Dale District 7 Planning Council. 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 15, 2009; and WHEREAS, this arder 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 arder informed the interested or responsible parties that they must repair or demolish the sh located on the Subject Property by February 16, 2009; and WHEREAS, the enfarcement 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 WHEI2EAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Thursday, Apri130 and Tuesday, May 12, 2009to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the i �� % 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 SS 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 request to order the interested or responsible parties to make the Sub}ect Properiy safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternarive 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 (1� days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, May 20, 2009 and the testimony and evidence including the action taken by the I,egislative 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 422 CHARLES AVENUE. 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 dollars ($5,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. 6. That Department of Safety and Inspections has posted a placard on the Subject Property which declares it to be a nuisance condition subyect to demolition. That this building has been routinely monitored by Department of Safety and Inspections, Vacant/Nuisance Buildings. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the 5ubject Property safe and not detrimental to the public peace, health, safety and welfare and remove its d� 5�l � ss 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolirion and removal of the structure must be completed within *�`�a�.,� one-hundred twentv (120) days after the date of the Council Hearing. If the buildin� is rehabilitated, the followin� deadlines must also be met or the Council may reconsider and amend this Order: Julv 15, 2009 — roof, gutters and foundation work complete; September 1, 2009 —interior building items including plumbing, HVAC and electrical: and October 1, 2009 —rehabilitation must be complete as demonstrated bv the Citv's lssuance of a Certificate of Code Com hn . ance. The nronertv must also be ma'ntained in comnliance with all relevant codes or the Council mav reconsider and amend this order. 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 Ciry of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yeas Nays Absent Bosfrom �/ Carter Harris Helgen ` Lanhy ;/ Stazk Thune J C O` i Adopted by Council: Date ��d�jly' Adophon Certified by Council ecretary B Y� ��l1Q //�/� Approved y :/,/ Date l,Q�� _ BY �� Requested by Deparhnent oE Safety and Inspechons Code Enforcement / Vacant Buildings By: Form Approved by City Attomey !31 Form Approved by Mayor for Submission to Council By ' — — - � 09-548 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � , Department/OfficelCouncil: i, Date Initiated: - � S � _Dept.ofSafety&Inspections ; Zo-FEB-o9 j Green Sheet NO: 3067096 � ; Department Sent7oPereon Initial/Date ' i ContaM Person 8 Phone: r � i j BObK2SS12f , 0 DeptofSafetv&Iaspections ' ' 266-9013 � � I Deot of Safetv & Iospections ' DepaRment D'uector � I �� i � 2 CitY Attornev � I Must Be on Council Agenda by (Date): Number ' � 20-MAY-09 �, Por ( 3 Mayor's Office NlavodAssistant ' ; Routing � 4 'Council � i � Doa Type: RESOLU710N j O*der I 5 Cfty Clerk i i CYry Clerk � E-Document Required: Y Document Contact: Contact Phone: ToWI # of Signature Pages _(Clip All Locations for SignaWre) Ciry Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolu6o�, the Department of Safery and Inspections is ordered to remove the building. The subject property is located at 422 CHARLES AVE . Recommendations: Approve (A) or Reject (R): Planning Commission CIB Cammittee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1 Has this person�rm ever worked under a conhact for Ynis department? Yes No 2. Has this persoNfirm ever been a ciry employee? Yes No 3. Does this person�rm possess a skill not normalty 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 Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislafive Code. The owners, interested parties and responsible parties Imown to the Enforcement Officer were given an order to repair or remove the building at 422 CHARI,ES AVE by February 16, 2009, and have failed to comply with those orders. Advantages If Approved: The Ciry will eliminate a nuisance. DisativanWges IfApproved: The Ciry will spend funds to wreck and remove [his building(s). These costs will be assessed to the property, collected as a special assessment against the properiy taxes. A nuisance condition will remain unabated in the Ciry. This building(s) will continue to blight the community. DisadvanW ges If Not Approvetl: A nuisance condition will remain unabated in the City. This building(s) will cominue to blight the community. Total Artwunt of CosURevenue Bud eted: Trensaction: 9 Funding source: Nuisance Housing Abatement Aaivity Number: 001-OD257 Financial Information: (Explain) May 13, 200911:18 AM Page 1 1� ., D�PARTME?ST Of SAFE'C1 AN�IVSPECTIO?�S Rirhard Lippzrt. ��cger olCaGe Enforc� 375 Jackson StreeG, Suire Z2D Smnt Pwl. MN �5101-1 CITY O� SAINf PAt1L Chrisiopher B. Cote"�°r• '� ti �� FebruarY 2�� 2009 NOTICE OF PUBLIC I�EARINGS Te l ep hane: 651-166 Faaimife:6i1-16 y/eb: '�✓wwsm Council President and Members of the CitY Council Department of Safety and InspecYions, Vacantll�nzs5 to considet asresolution orde �e T Pa'r requested the City Council schedule public hearing or removal o£ the nuisance building(s) located at: 422 CHARLES A� The City Council has sched�� the date of these hearings as follows: �,�S�ative HeaYing — Thursday� Apri134, 2� City Counci! Heann�g `�'�' e dnesday,l�'ZaY 2Q+ 2009 The awners and responsible parties of ce�rd aze: Tnterest I3ame and Last Kn°"'� Ad� g3 Investments, LLC 631 UniveYSiry Ave W St. Paul, N1� 5510 Ieffrey Lamkins i5050 Cedar AMN 55�1�4 Apple Valley, gan�ie Mae c/o Ciaude A wQ1Te11- Reo Kesults CrrouP 1118 Cedaz �'�e 55405 Minneapolis, NIN .I-homas_pale District � PtanninB Council nisu-i�t7 ahoo.com Fee Owner C of O Responsible PartY Interested Per�Y pistrict C°w��il Conta�t An Affinnapve Action Equs Opportunity EmPloyer ,i� -. 422 CHARLES AVE February 2a, 20(39 page 2 The legal description of this property is: SMITHS SUBD OF BLKS 91015 AND 16 LOT 50 BLK 16 The Depamnent of Safety and Inspections has declared this building{s) to constitute a"nuisance" as defined by Legislafive Code, Chapter 45. The Deparhnent of Safety and inspecrions has issued an order to the then known responsible parties to eliminate this nuisance candirion by correcfing the deficiencies or by ra2ing and removing this building(s}. The property was re-inspected on February 23, 2009. There was no compliance and the nuisance condition remains unabated, the community conrinues to suffer the blighring influence of this property. It is the recommendation of the Deparhnent 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 inspecrions 3M:nm cc: Chad Staul, City Attorneys flffice Iviary Erickson, Assistant Secretary to the Council Cindy Carlson, PED-Housing Divisian Nancy Homans, Snvest St. Paul District Council — Community Organizer pubhmg60I83 9(68 �� -: SUMMARY FOR PUBLIC HEARING 422 Charles Avenue Legislative Hearing — Tuesday, Apri130, 2009 City Council — Wednesday, May 20, 2009 The building is a one and one-half story, wood frame duplex, on a lot of 4,792 squaze feet. According to our files, it has been a vacant building since June 29, 2007. The current property owner is K3 Investments LLC, per AMANDA and Ramsey County property records. The city has had to board this building to secure it from trespass. There have been eight (8) SUMMARY ABATEMENT NOTICES since 2007. There have been twelve (12) WORK ORDERS issued for: - Removal of improperly stored refuse, garbage and misc debris - Boarding - Removal of grass and weeds - Removal of snow and ice On December 30, 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 15, 2009 with a compliance date of February 16, 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. TaYation has placed an estimated market value of $20,400 on the land and $64,300 on the building. , As of July 18, 2008, a Code Compliance inspection has been completed. As of Apri128, 2009, the $5,000.00 performance bond has not been posted. Real Estate taxes for the year 2008 is delinquent in the amount of $1,319.00, plus penalty and interest. Code Enforcement Officers estimate the cost to repair this shucture is $60,000 to $80,000. The estimated cost to Demolish is $10,000 to $14,000. 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 - Structure Description Page 1 of 2 09-548 Home Site Map Contact Us Tax & Property Look Up Information - Structure Description Home �� Information � � Property Look Up � � Record �ook Up ( � Contact Us New Property__Search Back to Search Results Quick Info Property Information Taxpayer Name and Address Value Information Value Historv Structure Description Sale Information �ecial Assessments Prooerty Tax Payment Information ProQerty Tax Payment History 2409 Payment Stubs 2009 Property Tax Statement Z009 Value Notice 2008 Property Tax Statement�V�lue Notice 2007 Propert�7ax > Structure Description Property Identification 36.29.23.24.0062 Number (PIN) Property Address 422 Charles Ave St. Paul 55103-1906 Residential Property: Year Built 1888 # of Stories 1.50 Style One And 3/4 Story Exterior Wall Aluminum/vinyl ToFal Rooms 8 Total Family Rooms 0 Total Bedrooms 4 Full Baths 2 Half Baths 0 Attic Type Finished SQ Feet 1390 Foundation Size 794 Basement Area Finished Finished Rec Area Garage Type Area (sq.ft.) Parcel Size .11 Acres Parcel Width 40.00 Feet Parcel Depth 125.00 Feet Land Use Code 520 Land Use Description R- Two Family Dwelling, Platted Lot http:ffrrinfo.co.ramsey.mn.us(public(characteristic(Pazcel.aspx?scrn=Dwelling&pin=3 6292... 4/28/2009 DEPARTMENT OF SAFETY AND INSPEBA�S R�chard L�ppe�t, Manpger of Code Enforcement CITY OF SAINT PAUL Christopher B Colemart, Mayar 3?> J¢cJ�on Sireet, SuiEe 220 Saint Paul, M.N.i5101-1806 Telephone.65l-266-1900 Facsim�le. 551-265-1919 Web� wwr�stnauLQOr/dsi January 15, 2009 K 3 Investments LLC 631 L3niversity Ave W St Paul MN 55104-4802 Jeffrey Lamkins 15050 Cedar Ave #116 Apple Valley, MN 55124 Order to Abate Nuisance Building(s) Dear Sir or Madam The VacantJNuisance Euildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 422 CHARLES AVE and legally described as follows, to wit: SMITHS SUBD OF BLKS 9 10 I S AND 16 LOT 50 BLK 16 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to dernolition under authority of Chapter 45.11. On December 30, 2008, a Building Deficiency Tnspection 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 Inspection must be obtained from the Building Inspection and Aesign Section, 8 Fourth Street East, Suite 200, Commerce Building (651)266-9090. That inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a five thousand dollar ($5,000.00) performance bond with the Building Inspection and Design Office before any permits are issued, except for a demolition permit. This building(s) is subject to the restrictions of Saint Paui Ordinance Cbapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. AA-ADA-EEO Employer 7anuary 15, 2009 422 CHARLES AVE paee ? This is a one and one-half story, wood frame duplex. 1. There is an uncapped gas line. 2. There is rodent infestation. 3. There is damaged kitchen and bathroom floor covering. 4. There is a bumed electrical outlet in kitchen. 5. There is water damaged l floor, dining room and wood floor. 6. There are no functioning smoke detectors. 7. There is a damaged electrical wall outlet in 1 floor bedroom. 8. There is a damaged door l floor bedroom. .i� -: 9. The 2" floor bedroom ceiling light fixture is damaged, missing parts. 10. There are missing dead bolt locks. 11. There are large cracks in foundation — interior and exterior. 12. There is an open chimney in basement. 13. There is improper balustrade for basement steps. 14. The copper for water and heating lines were vandalized — removed. 15. There is open or missing hot water heating lines in basement. There is a pending Code Compliance Inspection report. Details of this report are as follows: BUILDING 1. Provide access and ventilation to crawl spaces under front and rear porches. Cover wall sheathing with approved weather-resistant material. 2. Remove wood from adjacent to foundation and seal gap between foundation and concrete apron. Remove or repair sidewalk, tipping toward foundation, to slope away from foundation. 3. Reinforce upper floor exterior stair stringers in approved manner. Adequately brace posts supporting upper landing of exterior stair. 4. Provide durable surface for parking. 5. Repair loose siding. Ianuary I5, 2009 422 CHARLES AVE page 3 i� �: 6. Reaz bump-out addition is pulling away from main building. Provide engineer's report for repair or remove addition. 7. Dry out basement and remove mold and mildew from walis and floor. 8. Seal hole in chimney at basement level in an approved manner. 9. Provide additional support for South end of main beam next to basement stair opening. 10. Replace or reinforce rotted floor members in an approved manner. 1 I. Insure basement cellar floor is even, is cleanable, and all holes are filled. l2. Strap or support Yop of stair stringers. 13. Install plinth blQCks under posts in basement. 14. Tuck Point interior(exterior foundation. 15. Install twenty minute fire-rated doors, with a self-closing device, between common areas and individual units. 16. Install tempered glass in window on stair landing. 17. Repair or replace any deteriorated window sash, broken glass, sash holders, re-putty etc. as necessazy. 18. Provide complete storms and screens, and in good repair for all door and window openings. 19. Repair walls and ceilings tt�roughout, as necessary. 20. Provide hand and guardrails on all stairways and steps as per attachment. 21. Re-level structure as much as is pxactical. 22. Prepare and paint interior and exterior as necessary (take the necessary precautions if lead base paint is present). 23. Any framing members that do not meet code (where wall and ceiling covering is removed, members that are over-spanned, over-spaced, nok being carried properly, door and window openings that are not headered, etc.) are to be reconstructed as per code. 24. Provide smoke detectors as per the Minnesota State Building Code. 25. Provide proper drainage around house to direct water away from foundation. ELECTRICAL 1. Bond around water meter with a copper wire sized for the elecCrical service per Article 250 of the NEC. 2. Verifyfinstall a separate 20 ampere laundry circuit & a separate 20 ampere kitchen appliance circuit. 3. V erify that fuseJcircuit breaker amperage matches wire size. 4. Ground bathroom light an firsUsecond bathroom and disconnect receptacle on fixture. 5. Repair or replace all broken, missing or loose light fixtures, switches & outlets, covers and plates. 6. Check a11 3-wire outlets for proper polarity and verify ground. 7. Remove any 3-wire ungrounded outlets, and replace with 2-wire, ar ground 3-wire to code. 8. Throughout building, install outlets and light fixtures, as specified in Bulletin 80-1. 9. Install hard-wired, battery backup smoke detector as specified in Bulletin 80-1 and other smoke detectors as required by the IRC. 10. All electrical work must be done by a licensed electrical contractor under an electrical permit. 7anuary 15, 2009 09-548 422 CHARLES AVE paoe 4 11. Any open walls or walls that are open as part of this project must be wired to the standards of the 2005 NEC. PLUMBING All plumbing work requires permit(s) and must be done by a plumbing contractor licensed in Saint Paul. Basement: 1. Water heater gas venting is incorrect. 2. Watez heater is not fired or in service_ 3. Repair or replace all corroded, broken ar leaking water piping. 4. Boiler water fill line requires backflow assembly or device. 5. Replace cozroded gas piping. 6. Soil and waste piping has no front sewer cleanout; no soil stack base cleanout. 7. Soil and waste piping has unplugged or open piping, back-pitched piping. 8. Soil and waste piping has improper pipe supports, connections, transitions, fittings or pipe usage. 9. Laundry tub is unvented and waste is incorrect. I s ` Floor: 1. Toilet is not vented. 2. Remove linkage at overflow on bathtub. 3. Cras piping, xange gas connector missing. HEATING 1. Repair or replace all inoperative radiator shutoff valves. Replace missing hand wheels on radiator valves. 2. Pipe vent opening of backflow preventer to within 12" of floors. 3. Install proper sized gas piping to boiler. 4. Install vent termination £or 2" floor bathroom ventitation fan according to code. Unable to verify termination location. 5. Install approved lever handle manual gas shutoff valve on all gas appliances. Remove unapproved plug, gas shutoff valves. 6. Clean and Orsat boiler burner. Check all controls for proper operation. Check furnace heat exchanger for leaks; prooide documentation from a licensed contractor that the hearing unit is safe. 7. Vent clofl�es dryer to code. (Ventilation permit and inspection is required). 8. Provide adequate combustion air and support to code. 9. Provide support for gas lines to code. Plug, cap andlor remove a11 disconnected gas lines. 10. Support supply and return piping for heating system according to code. 11. Provide witnessed test for hot water/steam heafing system, including boiler broken pipes and check for leaks. 12. Appropriate mechanical, warm air and ventilation permits are required for this work. January 15, 2009 422 CHARLES AVE page 5 ZONING This shucture was inspected as a Duplex. f • 1 • Repair the structure to a habitable condition. i� -: This structure is a registered vacant building that must have a Code Compliance Certificate before the structure may be occupied. Obtain a Code Compliance Certificate from the Department of Safety and Inspections. You may contact Jim Seeges at D.S.I., 651-266-9016, £or a code compliance inspection, permits, and issuance of the Code Compliance Certificate. Under Chapter 33.03 of he Saint Paul Legislative Code, failure to obtain a Code Compliance Certificate before occupying the structure may result in issuance of criminal summonses. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by February 16, 2009 the Department of Safety and Inspections, Division of Code Enforcement, witl begin a substantial abatemenY process to demolish and remove the building(s). The costs of thas action, including administrative costs and demolition costs witl be assessed against the property t�es as a special assessment in accoa'danca with law. As fixst remedial action, a Code Compliance Tnspection Report must be obtained from the Building Inspection and Design Section, 375 Jackson Street, Suite 220, (651)266-9090. This inspection wi11 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 pxoperty address) then you must eontact Heritage Preservation (HPC) staff to discuss your ptoposal fox the repairs required by this arder and compliance with preservation guidelines. Copies of the guidelines and design review application and forms are available froin the Department 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 zequired by law to provide full and complete disclosure o£ this "Order to Abate" to a11 interested parties, all present or subsequent renters and any subsequent owners. If you se11, transfer, or convey in any manner, the ownership or responsibility far this property, you must within seven (7) days, notify the Enfarcement Officer with the names and addresses of any new owners or responsible parties. The Enforcement Officer is required by law to post a placard on this property which declares it to be a"nuisance condition", subject to demolition and removal by the City. This placard shall not be removed without the written authority of the Department of 5a£ety and Inspections, Division of Code Enforcement. Tl�e department is further required to file a copy of this "Order to Abate" with the City Clerk's Office. January 15, 2009 422 CHARLES AVE page 6 1` �: If corrective action is not taken within the rime specified in this order, the Enforcetnent 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 ozder 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 this action, including administrative costs will be assessed against the property as a special assessment in accordance with law. If you have any questions or request additional information please contact Matt Domfeld between the hours of 8:00 and 9:30 a.m. at 651-266-1902, or you may leave a voice mail message. Sincerely, Steve Magner Vacant Buildings Program Manager Division of Code Enforcement cc: Mar}� Erickson - Council Research Cindy Carlson - PED Housing Amy Spong — Heritage Preservation o,�baiss iz�os DEPARTMENTOFSAFEZYANDINSPECTIONS C1TY OF SAIN'I' PAUL ChristopherB. Coleman, Mayor July 18, 2008 09-548 COMMERCEBUILD7NG Telephone: 651-266-9090 BFourthStreetEast,Suue2DD Facsim�le. 651-266-9099 StPau7,MinnesotaSSlDl-7024 Web: www ASSBTLINK C70 CLAUDE A WORRELL - REO RESULTS GROUP 1118 CEDAR LAKE ROAD S MINNEAPOLIS MN 55405 Re: 422 Charles Ave File#: Q7 1Q7152 VB2 Dear Property Owner: Pursuant to your request the above-referenced property was inspected and the following report is submitted: BUILDING 1. Provide access and ventilation to crawl spaces under front and rear porches. Cover wall sheathing with approved weather-resistant material. 2. Remove wood from adjacent to foundation and seal gap between foundation and concrete apron. Remove or repair sidewalk, tipping toward foundation, to slope away from foundation. 3. Reinforce upper floor exterior stair stringers in approved manner. Adequately brace posts supporting upper landing of exterior stair. 4. Provide durable surface for parking. 5. Repair loose siding. 6. Rear bump-out addition is pulling away from main building. Provide engineer's report for repair or remove addition. 7. Dry out basement and remove mold and mildew from walls and floor. 8. Seal hole in chimney at basement level in an approved manner. 9. Provide additional support for South end of main beam next to basement stair opening. 10. Replace or reinfarce rotted floor members in an approved manner. 11. Insure basement cellar floor is even, is cleanable, and all holes are filled. 12. 5trap or support top of stair stsingers. 13. Install plinth blocks under posts in basement. 14. Tuck Point interiorlexterior foundation. 15. Install twenty minute fire-rated doors, with a self-closing device, between common areas and individual units. 1 fi. Install tempered glass in window on stair landing. 17. Repair or replace any deteriorated window sash, broken glass, sash holders, re-putty etc. as necessary. An Affirxnative Action Equal Opporiunity Employer �� -: 422 CHARLBS AVElVLiE PAGE 2 BUILDING 18. Provide complete storms and screens, and in good repair for all door and window opemngs. 19. Repair walts and ceitings tt�roughout, as necessary. 20. Provide hand and guardrails on all stairways and steps as per attachment. 21. Re-level sh-ucture as much as is practicai. 22. Prepare and paint interiar and exterior as necessary (take the necessary precautions if lead base paint is present). 23. Any framing members that do not meet code (where wall and ceiling covering is removed, members that are over-spanned, over-spaced, not being carried properly, door and window openings that are not headered, etc.) are to be reconstructed as per code. 24. Provide smoke detectors as per the Minnesota State Building Code. 25. Provide proper drainage around house to direct water away from foundation. ELECTRICAL 1. Bond around water meter with a copper wire sized for the electrical service per Article 250 of the NEC. 2. Verify/install a separate 20 ampere laundry circuit & a separate 20 ampere kitchen appliance circuit. 3. Verify that fuse/circuit breaker amperage matches wire size. 4. Ground bathroom light in first/second bathroom and disconnect receptacle on fixture. 5. Repair or replace all broken, missing or loose light fixtures, switches & outlets, covers and plates. 6. Check a113-wire outlets for proper polarity and verify ground. 7. Remove any 3-wire ungrounded outlets, and replace with 2-wire, or ground 3-wire to code. 8. Throughout building, install outlets and light fixtures, as specified in Bulletin 80-1. 9. Install hud-wired, battery backup smoke detector as specified in Bulletin 80-1 and other smoke detectors as required by the II2C. 10. All electrical wark must be done by a licensed electrical contractor undzr an electrical permit. I 1. Any open walls or walls that are open as part of this project must be wired to the standards of the 2005 NEC. PLUMBING All plumbing work requires permit(s) and must be done by a plumbing contractar licensed in Saint Paul. Basement: I. Water heater gas venting is inconect. 09-548 422 CHARLES AVENUE PAGE3 PLUMBING Basement: 2. Water heater is not fired or in service. 3. Repair or replace a11 conoded, broken or leaking water piping. 4. Boiler water fill line requires backflow assembly or device. 5. Replace corroded gas piping. 6. Soil and waste piping has no front sewer cleanout; no soil stack base cleanout. 7. Soil and waste piping has unplugged or open piping, back-pitched piping. 8. Soil and waste piping has improper pipe supports, connections, transitions, fittings or pipe usage. 9. Laundry tub is unvented and waste is incorrect. l Floor: L Toilet is not vented. 2. Remove Iinkage at overflow on bathtub. 3. Gas piping, range gas connector missing. HEATING 1. Repair or replace all inoperative radiator shutoff valves. Replace missing hand wheels on radiatar valves. 2. Pipe vent opening of backflow preventer to within 12" of floors. 3. Install proper sized gas piping to boiler. 4. Install vent termination far 2" floor bathroom ventilation fan according to code. Unable to verify termination location. 5. Install approved lever handle manual gas shutoff valve on all gas appliances. Remove unapproved plug, gas shutoff valves. 6. Clean and Orsat boiler burner. Check all controls for proper operation. Check fiunace heat exchanger for leaks; provide documentation from a licensed contractor that the heating unit is safe. 7. Vent clothes dryer to code. (Ventilation permit and inspection is required). 8. Provide adequate combustion air and support to code. 9. Provide support for gas lines to code. Plug, cap and/or remove all disconnected gas lines. 10. Support supply and return piping for heating system according to code. 11. Provide witnessed test for hot water/steam heating system, including boiler broken pipes and check forleaks. 12. Appropriate mechanical, warm air and ventilation permits are required for this work. �� • i 422 CHARLE5 AVENUE PAGE 4 ZONING This struchue was inspected as a Duplex. NOTES **See attachment for permit requirements and appeals procedure. Provide plans and specifications for any portion of the building that is to be rebuilt. All items noted as recommended do not have to be completed for code compliance but should be completed at a later date. Possible purchasers of property sha11 be made aware of these items. This is a registered vacant building. In order to reoccupy the building, all deficiencies listed on the code compliance report must be corrected and be in compliance with the Minimum Housing Standards of the St. Paul Legislative Code (Chapter 34), and all required permits must receive tinal approval. **VACANT BUILDING REGISTRATION I`+EES MUST BE PAID AT NEIGHBORHOOD HOUSING AND PROPERTY IMPROVEMENT (NHPI) FOR PERMITS TO BE ISSUED ON THIS PROPERTY**. For further information call, NHPI at 651-266-1900, located at 1600 White Bear Avenue. 5incerely, James L. Seeger Code Compliance Officer JLS:cg Attachments � � � W �i x � N N 7 i � O O N O M r • L � � 'CS L � .l� H bO A � � � .� � .� � 9-548 �au � o 0 O �FN �y � \ � I N � � �z � � N �� N az �F O O � � � ra a c. a c� a a o� a „�,,, Z W o 0 0 0 0 0 o a � O� „�'„� °� N ,. � N ��-I � N N� N �`�A 7 C 7 R 7 � 7 7 � W A Q � "•� � � (� W � a+ � a '� W � � H O a (� N � � a � N F � A � � V � a ai � �-+ O 0 � U � V] N N � E'+ O � � ��.y � N C N O � � � � � � (� � � � 'C � � o .-. y � .-. cC � �-' U V �+ W U � �^ � � � �j '� � G� ..� N d' '�7 s, y r , G H r W i U' � O G Q' ' !-. � �' � � "n' � ?�} � F � ' �n Z �+ c�d N � �' O ;.. ...� id � �� c� � s. cd � w� � >� a�� ° � Q.�� ,, � ... �: ,, a� � U a� � � � `' �', � s�. � � � � � ° � n � ��vi "�`t w �� E'�-�aCal S O O N O N � � � "O d ' O� �� C � N x � c C: L 0 � 0 Y � � i� •; STATE OF MINNESOTA AFFIDAVIT OF SERV►CE COUNTY OF RAMSEY METRO LEGAL SERVICES Christopher H. Rand, being duly sworn, on oath says: that on March 3, 2009, at 11:49 AM he served the attached: Notice of Pu6lic Heari�gs upon: K3 Investments, LLC, therein named, personaliy at: 631 University Avenue W., St. Paul, County of Ramsey, State �f Minnesota, by handing to and leaving with Brad Baliard, its Ghief Manager, a true and correct copy thereof. Subscribed and sworn to before me on {giarefl '-E� , 2009 �.- �� ffi ��8 JUEL J. CARLSON � � � �� NOTARYPUBLIC-MINNESOiA � �/ ,�—°� My Gommissmn txprtes Jan.37, 2010 � m ■ 10'10707 - 1 RE. 422 CHARLES AVE Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 C13ARI.ES AVE Survey Info: �� i PIN: 36292324��62 i� -: Date: December 31, 2008 HP District: F�7e #: 07 -107151 Property Name: Folder Name: 422 CHARI.ES AVE Survey Info: PIN: 362923240062 1' �: Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 �� Date: December 31, 2008 HP District: File #: 07 -1a7151 Property Name: Folder Name: 422 CHARLES AVE Snrvey Info: PIN: 362923240062 Date: December 31, 2008 File #: 07 - 107151 Folder Name: 422 CHARLES AVE PIN: 362923240�62 HP District: Property Name: Survey Info: 09-548 �� -: Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHARI.ES AVE Survey Info: PIN: 3629237A0062 09-548 Date: December 31, 20Q8 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 '� � Date: Decem6er 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHA.RI.ES AVE Survey Infv: PIN: 362923240062 �� . Date: December 31, 2008 HP District: File #: 97 -107151 Property Name: Folder ASame: 422 CHARLES AVE Snrvey Info: PIN: 362923Z40062 i ., Date: Deeember 31, 2008 HP District: File #; 07 -107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 36Z923240062 Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: 09-548 PIN: 362923240062 i� -: Date: December 31, 2008 HP Dishact: File #: 07 -107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 09-548 Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHAItLES AVE Survey Info: PIN: 362923240062 �� i �:m�R::�� ...��..�.�,�,.:,��.. _ . Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 �� Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARI.ES AVE Survey Info: PIN: 362923240062 �� Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 Date: File #: Folder Name: PIN: December 31, 2008 07 - 107151 422 CHARI.ES AVE 362923240062 HP District: Property Name: Survey Info: J' � : Date: December 31, 2008 File #: 07 - 107151 Folder Name: 422 CHART.ES AVE HP District: Property Name: Survey Info: 09-54$ PIN: 362923240062 09-548 Date: December 31, 2008 HP District: File #: �7 - 107151 Pruperty Name: Folder Name: 422 CHARI.ES AVE Survey Info: PIN: 362923240062 � � � i Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHAI2LES AVE Survey Info: PIN: 362923240062 i� �: Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 Date: File #: Folder Name: December 31, 2008 �7 - 107151 422 CHARLES AVE AP District: Property Name: Survey Info: 09-548 PIN: 362923240062 J' � : Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 �� '� Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHARL.ES AVE Survey Info: PIN: 362923240062 09-548 Aate: December 31, 2008 FIP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHAI2LES AVE Survey Info: PIN: 362923240062 �� Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 i� -: Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 09-548 Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 09-548 Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHARI.ES AVE Survey Info: PIN: 362923240062 09-548 Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHAI2LES AVE Snrvey Info: PIN: 362923240062 09-548 Date: December 31, 2008 HP District: File #: 07 - 197151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 Date: December 31, 2008 HP District: �� i File #: 07 -107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 D8t0: File #: Folder Name: December 31, 2008 07 - 107151 422 CHARI.ES AVE HP District: Property Name: Survey Info: �� i PIN: 362923240062 i ., Date: December 31, 20�8 HP District: File #{: 07 - 107151 Property Name: Folder 1�ame: 422 CHARI.ES AVE Survey Info: PIN: 362923240062 Date: File #: Folder Name: December 31, 2008 07 -107151 422 CHARI,ES AVE HP District: Property Name: Survey Info: 09-548 PIN: 362923240062 Date: December 31, 20�8 File #: 07 - 107151 Rolder Name: 422 CHARLES AVE HP District: Property Name: Survey Info: �� -: PIN: 362923240062 vate: File #: Folder Name: December 31, 2008 07 -107151 422 CHARLES AVE HP District: Property Name: Survey Info: i� -: PIN: 362923240062 �� Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PII3: 362923240062 �� Date: December 31, 2008 HP District: File #: 07 -147151 Property Name: Folder Name: 422 CNARI.ES AVE Survey Info: PIN: 362423240062 i� -: Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHARI,ES AVE Survey Info: PIN: 362923240062 09-548 Aate: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 �� i Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARI.ES AVE Survey Info: PIN: 362923240062 �� -: Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHARI.ES AVE Survey Info: PIN: 362923240062 Date: December 31, 2008 HP District: File #: 07 -107151 Property Name: Folder Name: 422 CHARLES AVE Survev Info: �� PIN: 362923240062 Date: December 31, 2008 File #: 07 -107151 Folder Name: 422 CHARLES AVE HP District: Property Name: Survey Info: 09-548 PIN: 362923240062 i� -: Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHAI2LE5 AVE 5urvey Info: PIN: 362923240062 I' �: Date: December 31, 2008 HP District: File #: 07 - 107151 Property Name: Folder Name: 422 CHARLES AVE Survey Info: PIN: 362923240062 T� Date: December 31, 2008 HP District: File #: 07 -107151 Properiy Name: Folder Name: 422 CHA.F2I.E5 AVE Survey Info: PIN: 362923240062 '' �• April 30, 2009 Legislative Hearing Minutes Page 5 4. Ordering the owner to remove or repair the building(s) at 422 Charles Avenue within fifteen (15) days from adoption ofresolution. The property owner of record, K3 7nvestments LLC, did not appear. No other parties of interest appeared. Mr. Magner stated the building was a one and one-half story, wood frame duplex on a lot of 4,792 square feet and had been vacant since June 29, 2007. A code compliance inspection had been done on July 18, 2008, the vacant building registration fees were current, and the $5,000 performance bond had not been posted. On December 30, 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 January 15, 2009 with a compliance date of February 16, 2009. To date, the property remained in a condition which comprised a nuisance as defined by the Legislative Code. Ramsey County TaYation estimated the market value of the land to be approximately $20,400 and the building to be $64,300. Real estate taxes for 2008 were delinquent in the amount of $1,319.00, plus penalty and interest. Code Enforcement estimates the cost to repair the building to be approximately $60,000 to $80,000. The cost for demolition was estimated to be approximately $10,000 to $14,000. There had also been eight summary abatements issued to this property since 2007, 12 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, garbage and debris, boarding, cut tall grass and weeds, 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 asked for a report from Ms. Boulware. Ms. Boulware stated that this building was built in 1893 and was a worker's cottage-style building. It was located in the potential Frogtown Historic District and contributed to the context of the neighborhood with small houses on narrow lots. Although this building was similar in style to the other houses on the block, it had been altered and she did not believe demolition would have an adverse effect on the neighborhood. Ms. Moermond recommended the building be removed within 15 days with no option for repair. 09-548 May 12, 2009 Legislative Hearing Minutes Page 3 2. Ordering the owner to remove the building(s) at 422 Charles Avenue within fifteen (15) days from adoption of resolution. Kevin Ballard, K3 Inveshnents LLC, appeared and stated that he had missed the hearing on April 30. Mr. Magner read his report into the record again. Ms. Moermond asked Mr. Ballard what his intentions were for the property. Mr. Ballard responded that he intended to rehab the building. He said he had been told by city staff that he couldn't post the bond or do anything with the property until he attended the legislative hearing. He requested the time to complete the repairs. Ms. Moermond asked Mr. Ballard whether he had paid the outstanding real estate tases. Mr. Ballard responded that the taaces were not due until May. Ms. Moermond responded that the real estate taxes for 2008 were delinquent in the amount of $1,319. She asked Mr. Ballard when he had purchased the property. Mr. Ballard responded that he was unsure; however, he believed it was the latter half of 2008. Ms. Moermond asked Mr. Magner what the history of the work orders were at the property. Mr. Magner responded that according to STAMP, work orders were issued for the following: garbage/rubbish on Apri124, 2009; snow and ice on January 28, 2009; snow and ice on December 31, 2008; tall grass and weeds on July 21, 2008; and tall grass and weeds on May 30, 2008. Ms. Moermond told Mr. Ballard that she did not haue confidence that he could complete the rehabilitation of the property since he had not been maintaining it, had not paid the property tases, and had not posted the bond. She said that the following conditions must be met by Friday, May 15 in order to recommend a grant of time: 1) provide closing documents indicating the date the property was purchased; 2) the outstanding real estate taxes must be paid; 3) the $5,000 performance bond must be posted; 4) a work plan needs to be done in accordance with the code compliance inspection report; 5) provide bids from contractors which should include a sworn construction statement if he was going to be the general contractor for the project; 6) provide financial documentation indicating the ability to complete the repairs; and 7) provide an affidavit dedicating the funds from an account for this project. Ms. Moermond stated that she would need to review and approve all of the documentation in order for her to recommend the Council grant tinie to rehabilitate the building. D/ s�-'� May 26, 2009 Legislative Hearing Minutes Page 4 4. Ordering the owner to remove the building(s) at 422 Charles Avenue within fifteen (15) days from adoption of resolution. (Referred back by Council on May 20; on CPH on June 3) Kevin Ballard, K3 Investments LLC, appeared. Mr. Magner reviewed Ms. Vang's letter to 1VIr. Ballard regarding the conditions that needed to be met in order to receive a grant of time to rehab tkie building. Ms. Moermond asked Mr. Magner whether he had reviewed the work plan, closing documents, property t� payment, the sworn construction statement, and the financial documentation. Mr. Magner responded that in reviewing the work plan, it did not include any timelines for completion ofthe work. Mr. Ballard responded that he didn't believe he was required to include timelines on the work plan. Ms. Moermond explained the process and asked Mr. Ballard whether he had received an example of a wark plan with the letter from Ms. Vang. Mr. Ballard responded he had not. Ms. Vang provided a sample work plan to Mr. Ballard. Mr. Magner stated that there was an electrical bid; however, he did not see bids for any of the other contractors. Mr. Ballard responded that he had sent everything via e-mail and it should be with the rest of the documents. He said he received a bid from Ryan Plumbing and Heating; the bid for plumbing was $3,250 and the bid for heating was $8,800. Mr. Magner stated that he did not see a building permit far the building items. Mr. Ballard responded that he was going to do that work himself as this was going to be a rental property. Mr. Magner explained that state law only allowed an individual to pull one permit every 24 months for a residence other than their primary residence if they did not have a general contractor's license. He also told Mr. Ballard that he would need to identify his owns costs and own materials that he had in his possession that he was going to use for the rehab on the work plan. 1VIs. Moermond asked Mr. Ballard whether the financial documentation he had provided was from a business account. Mr. Ballard responded that was correct and he had used this account for the purchase of the property. Ms. Moermond stated that she did not feel comfortable with the financial documentation as the money from the account could be used for possibly the purchase of another home or something else. She told Mr. Ballard that he would need to have a separate account which identified the account as being used specifically for the rehab of the property. Mr. Ballard responded that he had provided an affidavit. Ms. Moermond reviewed the affidauit which was a general affidavit used by DSI — Vacant Buildings for category 2 vacant buildings. She said that she would need an affidauit signed & notarized indicating the funds from the account were dedicated to the rehab of this property which the current affidavit which was submitted did not include. Ms. Moermond also reviewed the closing documents which indicated the settlement date was July 31, 2008. She asked Mr. Magner if he concurred and Mr. Magner responded that he was in agreement.