09-764Council File # 09-764
Green Sheet # 3069599
Presented by
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
�
1 WfIEREAS, Depariment of Safety and Inspections has requested the City Council to
2 hold public hearings to consider the advisability and necessity of ardering the repair or wrecking
3 and removal of a two story, wood frame, single family dwelling located on property hereinafter
4 referred to as the "Subject Property" and commonly known as 509 EDMIJND AVENUE. This
5 property is legally described as follows, to wit:
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H. M. RANNEY'S SUBDNISION BLOCK 11, STINSON'S DNISION TO ST. PAUL, MINN.
LOT 29 BLK 1
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Department of Safety and Inspections on or before December 7, 2008,
the following are the now known interested ar responsible parties for the Subject Property: State
Of MN Trust Exempt, PO Box 64097, St. Paul, MN 55164; Long Ngo, 13003 Forest Glen Dr,
Burnsville, MN 55337; Thomas Dale District 7.
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 March 16, 2009; and
WHEREAS, this order informed the then Irnown 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 Subyect Property by Apri115, 2009; aiad
WHEREAS, the enforcement officer has posted a placard on the Subject Property
declaring this building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Department of Safety
and Inspections requested that the City Clerk schedule public hearings before the Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the rime, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legslative Hearing Officer of the Saint Paul
City Council on Tuesday, June 23, 2009 to hear testimony and evidence, and after receiving
testimony and evidence, made the recommendarion to approve the request to order the interested
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or responsible parties to make the Subject Property safe and not detrimental to the public peace,
health, safety and welfaze and remove its blighting influence on the community by demolishing
and removing the structure in accordance with all applicable codes and ordinances. The
demolition of the structure to be completed within fifteen (15) days after the date of the Council
Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July
15, 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 509 EDMUND AVENUE.
1. 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).
3. That there now exists and has existed multiple Housing or Building code
violations at the Subject Propezty.
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 conected.
That Department of Safety and Inspections has posted a placard on the Subject
Property which declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Department of Safety and
Inspections, V acant/Nuisance Buildings.
8. 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 ar responsible parties shall make the Subject Property
safe and not dehimental to the public peace, health, safety and welfare and remove its
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blighting influence on the community by demolishing and removing the structure in
accordance with all applicable codes and ordinances. The demolition and removal of the
structure must be completed within fifteen (1� days aHer the date of the Council
Hearing.
If the above conective action is not completed within this period of time Deparhnent 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.
In the event the building is to be demolished and removed by the City of Saint Paul, all
personal property or fixrixres of any kind which interfere with the demolition and removal
shall be removed from the property by the responsible parties by the end of thas 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.
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.
L'�
Yeas Nays Absent
Bostrom �
Carter
Harris
Helgen �
Lanh
Stark �
Thune `
�
Adopted by Council: Date ��/$�1
Adoption Certified by Cou . il Secretary
BY //A G
Approve ayo . Date Ua
By:
Requested by Deparhnent of.
Safety and Inspecrions
Code Enforcement! VacantBuildwgs
By:
Form Approved by Ciry Attorney
By:
Form Approved by Mayor for Submission to Council
By:
09-764
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
lepartmenU�ce/COUncil: � Date Initiated: '
S � _Dept.ofSafeiy8lnspections ;,��R-o9 I Green Sheet NO: 3069599
', ConWCt Person 8 Phone:
Bob Kessler
�,' 266-9013
Must Be on Council Agenda by (Date):
15-JUL-09
; Doa Type: RESOLUTION
E-DocUment Required: Y
Doc�rment ContaGt:
Contact Phone:
�
Assign
Number
For
Routing
Order
ToWI # of Signature Pages _(Clip AII Locations for Signature)
0- ept of Saferi & Insnectio¢s . i ;
1 bept of Safery & Iospections DeoarLm� - eut Direc[or �
2 CSryAttornev '
3 iMayor's O&ce MayodAssistant
4 Connc� ��i - I
5�GStp C1erk I City C7erk
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City Council Co pass this resolurion which will order the owner(s) to remove the referenced building(s). If the owner fails to comply
with the resolurion, the Department of Safety and Inspections is ordered to remove the building. The subject proper[y is located at
509 EDMUND AVE .
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Commitlee
Civil Service Commission
Personai Service Contrects Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this departmenY?
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
F�cplain 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 CttapteL 45 and a vacant building as defined in Chaptei 43 of the Saint Paul
Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 509 EDMLJND AVE by April 15, 2009, and have failed to comply with those orders.
AdvanWges If Approved:
The Ciry will elnninate a nuisance.
Disadvantages If Approved:
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, wllected as a special
asessment against the property taYes.
A nuisance condition will remain unabated in the City. This building(s) will continue to blight [he communiry.
DisadvanWges If NotApproved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the communiry.
Total Amount of CosURevenue Bud eted:
Trensaction: 9
Fundiny source: Nuisance Housing Abatement qc�;v;ty Number: 001-00257
Flnancial Information:
(Explain)
June 24, 2009 9:35 AM Page 1
09-764
DEPpR1MENT OF SAFEIY A1.D7T1SPECfIONS
RichasdLippert,Mm+ager ofCAde EnjorCemerst
375Jaclson Stre?t, Suite 110
CITY OF S?,INT PAUL SaintPaul,7.SN55101-/806
Christophe� B. Coleman, Mayor
\
April 17, 2004
NOTICE OF PUBLIC I-�ARINGS
Council President aad
Members of the City Cauncil
Telephone: 651-166-1900
Farsimile: 651-266-1419
�JQb: WWfVJID6LI.Y0V�V3t
Department of Safety and Inspections, Vacant/Nuisance Buildings Bnforcement Division has
requested the City Cauncil schedule public hearings to consider a resolution ordering the repair
or removal of the nuisance building{s) located at:
509 EDMUND AVE
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing — Tuesday, June 23, 2009
City Couneil Hear3ng — Wednesday, July 15, Zd09
The owners and responsible parties of record aze:
Naxne and Last Known Address
State of MN Trust Exempt
PQ Box 64097
St. Paul, MN SSI64
Long Ngo
13063 Forest Glen Dr
Burnsville, MN 55337
Interest
Fee Owner
C of O Responsible Party
Thomas Dale Dish 7 Planning Council
District7nc(�a,vahoo. com
Diskict Council Contact
An Affirmative Action Equal Opportunity Employer
09-764
509 EBMUND AVE
April 17, 2009
page 2
The legal descriprion of ttus property is:
H. M. RANNEY`S SITBDIVISION BLOCK 11, STINSON'S DIVISIOl\ TO ST. PAUL,
MINN. LOT 29 BLR 1
The Department of Safety and 3nspecrions has deciazed this building(s} to constitute a"nuisance"
as defined by Legislative Code, Chapter 45. The DepaRment of Safety and Inspections has
issued an order to the then known responsible par[ies to eliminate this nuisance condition by
correcting the deficiencies or by razing and removing this buiiding(s).
The property was r�inspected on April 17, 2009. There was no compliance and the nuisance
condition remains unabaCcd, the cotntnunity continues to suffer the blighting influence of tlus
property. It is the xecoaunendarion of tlte Department of Safety and Inspections that the City
Councii 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 pmceed to demolitian and removal, and to assess the costs incurred against the
reat estate as a special assessment to be collected in the same manner as taxes.
Sineerely,
Steve Magner
Steve Magner
Vacant Buildings Manager
Depariment of Safety and Inspections
SM:nm
cc: Chad Staul, City Attorneys Office
Mary Ericksoq Assistant Secretary to the Council
Cindy Carlson, PED-Housing Division
Nancy Homans, Invest St. Paul
District Council — Community Organizer
�tm 9roa
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SUMMARY FOR PUBLIC HEARING
509 Edmund Avem�e
Legislative Hearing — T�esday, 7une 23, 2009
City Council — Wednesday, July 15, 2009
The building is a two story, wood frame, single-family dwelling, on a lot of 4,792 square feet.
According to our files, it has been a vacant building since September 10, 2007.
The current property owner is State Of IvIN Trust Exempt, per AMANDA and Ramsey County
properiy 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 eight (8) WORK ORDERS issued for:
- Boarding
- Removal of tall grass and weeds
- Removal of snow and ice
- Removal of improperly stored refuse, garbage and misc debris
On February 25, 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 March 16, 2009 with a compliance
date of April 15, 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 for the year 2008-2009 are delinquent in the amount of
1,�0�, PIllS POIlalty 3riQ IRtEiESt (VFAnnua/ Fee Year: $1,000.00 - Paid in FuIL• Yes - Payment Type:
ASSESS - Payment Date: 02/04/2009 - Comment: 09/10/2008 - 09/10/2009)
Taxation has placed an estunated market value of $20,400 on the land and $41,700 on the
building.
As of June 18, 2009, a Code Compliance Inspection has not been completed.
As of June 18, 2009, the $5,000.00 performance bond has not been posted.
Real Estate taxes are current.
Code Enfarcement Off"icers estimate the cost to repair this structure is $60,000 to $70,000.
The estnnated cost to Demolish is $9,000 to $10,000.
DSI, Division of Code Enforcement Resolution submitted for consideration orders the properiy
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.
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509 Edmund Ave
St. Paui 55103-1609
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DEPARTMENT OF SAFETY AND INSP O9 N64
Rrchard Lipperb Manager of Code Enforcement
CTTY OF SAINT PAUL
Christopher B Coleman, Maya
375 Jackson Street., Su�te 220
Saint Paul, MN55701-7806
Telephone: 651-266-7900
Facsimile: 6S L266-I47 9
Web: wwwsto¢ul eov/dsi
March 16, 2009
State Of MN Trust Exempt
PO Box 64097
St Paul MN 55164-0097
Long Ngo
13003 Forest Glen Dr
Burnsville, MN 55337
Order to Abate Nuisance Building(s)
Dear : Sir ar Madam
The Vacant/Nuisance Buildings Unit, Departrnent of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
509 EDMUND AVE
and legally described as follows, to wit:
H. M. RANNEY'S SUBDIVISION BLOCK 11, STINSON'S DIVISION TO ST. PAUL,
MINN. LOT 29 BLK 1
to comprise a nuisance condition in violation of the Saint Paul Legislafive Code, Chapter
45.02, and subject to demolition under authority of Chapter 45.11.
On February 25, 2009, a Building Deficiency Inspection Report was compiled and the
following conditions were observed.
This list of deficiencies is not necessarily aD the deficiencies present at this time.
As first remedial acflon, a Code Compliance Inspection must be obtained from
the Building Inspection and Design Section, 8 Fourth Street East, Suite 200,
Commerce Building (651)266-9090. That inspection will identify specific defects,
necessary repairs and legal requirements to correct this nuisance condition. Yon
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.
AA-ADA-EEO Employer
Mazch 16, 2009
509 EDMUND AVE
page 2
09-764
This building(s) is subject to the restricrions of Saint Paul Ordinance Chapter 33.03
and sha11 not again be used for occupancy unfil such time as a Certificate of
Compliance or a Certificate of Occupancy has been issued.
This is a two story, wood frame, single family dwelling.
1. There is improper electrical wiring and outlet in basement.
2. There is copper theft in the basement.
3. There is missing appliance venting in the basement.
4. The interior walis aze damaged, open.
5. The stairs to the basement lack handrail.
6. There is a damaged basement ceiling.
7. There are missing smoke detectors.
8. There are damaged or missing floor coverings.
9. There are numerous ceiling light fixtures damaged or missing parts.
10. There is open, damaged, missing plumbing drain and/or vent piping.
11. There is a damaged door frame.
12. There is water damaged ceilings.
13. There are missing or damaged storm or screen windows.
14. There is exterior chipped/peeling paint.
15. The exterior stairs are lacking tread and an approved handrail.
16. There are broke and boarded exterior windows.
17. The electric meter is yellow tagged off.
'This property is condemned by the Certificate of Occupancy program,
Department of Safety and Inspecrions. See condemnation for additional
deficiencies.
March 16, 2009
509 EDMUND AVE
page 3
ORDER:
Repair the sh to a habitable condition.
09-764
This structure is a registered vacant building that must have a Code Compliance
Certificate before the structure may be occupied. Obtain a Code Compliance
Certi£cate from the Department of Safety and Inspections. You may contact Jim
Seeger at D.S.I., 651-266-9016, for a code compliance inspection, permits, and
issuance of 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 suininonses.
As owner, agent or responsible party, you aze hereby notified that if these deficiencies and the
resulring nuisance condifion is not corrected by Apri115, 2009 the Deparhnent 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 acrion, including administrative costs
and demolition costs will be assessed against the property taaces as a special assessment in
accordance with law.
As first remedial action, a Code Compliance Inspection Report must be obtained from the
Building Inspecrion and Design Section, 375 Jackson Street, Suite 220, (651)266-9090. This
inspection will idenrify specific defects, necessary repairs and legal requirements to correct this
nuisance condirion.
ff 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 desigi review application and forms are available from 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 required by law to provide full and complete
disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and
any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or
responsibility for this property, you must within seven (7) days, notify the Enforcement Officer
with the names and addresses of any new owners or responsible parties.
The Enforcement Officer is required by law to post a placard on this property which declares it
to be a"nuisance condition", subject to demolirion and removal by the City. This placard sha11
not be removed without the written authority of the Department of Safety and Inspections,
Division of Code Enforcement. The department is fiuther 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 nofify tt�e 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
Mazch 16, 2009
5�4 EDMUND AVE
page 4
09-764
heard from interested parties. After this hearing the City Council will adopt a resolution stating
what acrion if any, it deems appropriate.
If the resolurion calls for abatement action the Council may either order the City to take the
abatement acrion 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
aetion, including admuustrative costs will be assessed against the properiy as a special
assessment in accordance with law.
If you have any questions or request addirional infoxxnation please contact Matt Dornfeld
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: Mary Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
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June 23, 2009 Le�slative Hearing Minutes Page 4
3. Ordering the owner to remove or repair the building(s) at 509 Edmund Avenue within
fifteen (15) days from adoption of resolution.
The property owner of record, State of MN Trust Exempt, did not appeaz. No other parties of
interest appeared.
Mr. Magner stated the building was a two-story, wood frame, single-family dwelling on a lot of
4,792 square feet and had been vacant since September 10, 2007. A code compliance inspection
had not been done, the vacant building registration fees in the amount of $1,000 went to assessment
on February 4, 2009, and the $5,000 performance bond had not been posted. On February 25, 2009,
an inspecrion of the building was done and a list of deficiencies which constitute a nuisance
condirion was developed. An order to abate a nuisance building was posted on March 16, 2009
with a compliance date of Aprill 5, 2009. To date, the property remained in a condition which
comprised a nuisance as defined by the Legislative Code. Ramsey County Taxation estimated the
mazket value of the land to be approximately $20,400 and the building to be $41,700. Real estate
taxes were current. 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 $9,000 to $10,000.
There had also been eight suminary abatements issued to this property since 2007, eight 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, 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 Mr. Magner whether Ramsey County had been maintaining their property.
Mr. Magner responded that the property went tas forfeit in 2008 and the summary abatement and
work orders predated Ramsey County's ownership.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that demolition would not
have an adverse effect on the neighborhood.
Ms. Moermond recommended the building be removed within 15 days with no option for repair.