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09-770Council �le # 09-770 Green Sheet # 3071777 RESOLUTION Presented by OF SAINT PAUL. MINNESOTA �� WHEREAS, Department of Safety and Inspections has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the removal of the storage and refuse located on property hereinafter referred to as the "Subj ect Property" and commonly known as 131 IVY AVE W. This property is legally described as follows, to wit: HAGERS SUBDIVISION OF LOTS 1, 2, 3, 4, 5, 6, 7, 14, 15, 16, 17, 18 OF WALCOTTS ADDITION TO COTTAGE HOMES SUBJ TO ESMTS; VAC ALLEY ACCRUING & LOTS 10 THRU LOT 24 BLK 12 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Depariment of Safety and Inspections on or before March 2, 2009, the following are the now known interested or responsible parties for the Subject Property: Eljim Company, 1322 Rice Street, St Paul, MN 55117-4543; Ann Lyman, DC Development LLP, 9050 Parkside Drive, Woodbury, MN 55125; DRB, PO Box 16595, St Paul, MN 55116; Tom Gorz, 772 Desoto Street, St Paul, MN 55125; District6 6 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 Storage and Refuse" dated May 29, 2009; and WHEREAS, this order informed the then known interested or responsible parties that the storage and refuse located on the Subject Property is a nuisance pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must remove the nuisance storage and refuse located on the Subject Property by June 15, 2009; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring the nuisance storage and refuse to constitute a nuisance condition; subject to abatement; and WHEREAS, this nuisance condition has not been corrected and Deparhnent 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 responsibie parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held befare the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 7, 2009 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested 09-770 42 43 44 45 46 47 48 49 50 S1 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 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 removing this nuisance storage and refuse within fifteen (1S7 days after the date of the Council Hearing; and WI�REAS, a hearing was held before the Saint Paul City Council on Wednesday, July 15, 2009 and the testunony and evidence including the action taken by the Le�slative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the tesrimony and evidence presented at the above referenced public heazings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 131 IVY AVENUE W. 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 Storage and Refuse was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). � :a That the deficiencies causing this nuisance condition haue 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 sub}ect to abatement. 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. •'� ' The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by removing all nuisance storage and refuse as prescribed in the above referenced Order to Abate Nuisance Storage and Refuse. The storage and refuse must be removed within fifteen (15) days after the date of the Council Hearing. 09-770 s7 88 89 90 91 92 93 2. If the above correcrive action is not completed within this period of time Department of Safety and Inspecrions is hereby authorized to take whatever steps aze necessary to remove this nuisance storage and refuse and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. 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 Bostrom �/ Carter Harris � Helgen ` Lantry Stazk �— Thune ` � Requested by Department oE Safety and Inspections Code Enforcement / Vacant Buildings By: Form Approved by City Attomey By: Fotsn Approved by Mayox foi Submission to Council By: AdoptedbyCouncil: Date ��/�f,r�,� �� 09-770 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ` DepartrnentlOfficelCouncil: '� Date lnitiated: , S � _Dept.ofSafety&Inspections ��g_�UN-09 � Green Sheet NO: 3071777 ' Contact Person & Phone: � � i BOB KESSLER i 266-9013 j , Assign '�, Must Be on Covncil Agenda by (Date): Number '' 15-J Por , Routing i, poa Type: RESOLUTION I Order E-Document Required: Y Document Contact: Contact Phone: 1 DenLOfS%fetv&Inspec6ws DeoartmentDirector � � � 2 ,ZStvAttorney I� __.__— . � ��;� � 4 �009 Total # of Signature Pages _(Clip All LowGons for Signature) City Council to pass this resolution which will order the owner(s) to remove the refereuced storage and refuse. If the owner fails to comply with the resolution, the Department of Safery aud Inspections is ordered to remove the storage and refuse. The subject property is located at 131 IVY AVE W. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commissian Personal Service Contrects Must AnsWer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Ffas lhis personifirm ever been a city empfoyee? Yes No 3. Does ihis personffirm possess a skill not normally possessed by any current city 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 Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to Abate Nuisance Storage and Refuse at 131 IVY AVE W by June 15, 2009, and have failed to comply with those orders. Advantages If Approved: The City will eluninate a nuisance. Disadvantages If Approved: Thz City will spend funds to remove this storage and refuse. These costs will be assessed to the property, collected as a special assessment against the property tases. A nuisance condition will remain uuabated in the City. This building(s) will continue to blight the community. Disadvantages If Not Approved: A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. Total Amount of Transaction: Cosf/Revenue Budgeted: Fundiny source: Nuisance Housing Abatement pctivity Number: OO1-0025� Financial Information: (Explain) June 19, 2009 8:02 AM Page 1 09-770 Si;J�VIMARY FOR PUBLIC HEARING 131 IVY AVENUE WEST (aka: 1322/1324/1326/1328 Rice St) I.egislative Hearing -1�esday, July 7, 2009 City Council - Wednesday, July 15, 2009 The building is a one story commercial warehouse, on a lot of 70,132 square feet. The current properiy owner is DC Development LLP, per AMANDA and Ramsey Counry properiy records. There has been one (1) ORDER TO ABATE NUISANCE NOTICE since 2008. There has been one (1) VEHICLE ABATEMENT ORDER(S) issued for: - Abandoned Vehicles - Stored Vehicles - Commercial Vehicles - Equipment - Machinery - Trailers - Excessive Storage - Sanitation On May 4, 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 NUISANCE STORAGE was posted on May 29, 2009 with a compliance date of June 15, 2009. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. Real Estate taxes are delinquent in the amount of $4,244.30, plus penalty and interest (Note: ls` half of 2009 is delinquent in the amount of $19,663.60). Code Enforcement Officers estimate the cost to remove and properly dispose of all said mentioned nuisances is $35,000. (NOTE: The C of O for two northern buildings were revoked and referred to VB) DEPARTMENT OF SAFETY AND INSPEe"�O.�O Ridiard Gippert, Manager af Code Enforcemen� � SAINT PpUL � AAAA CITY OF SAINT PAUL Christopher d Coleman. �Ylayar 375 Jackson Sf+'eet . Suite 220 SaintPmd, MN.i5107-1806 May 29, 2009 Eljim Company 1322 Rice St St Paul MN 55117-4543 Anne Lyman DC Development LLP 9050 Parkside Drive Woodbury MN 55125 DRB PO Box 16595 St Paul MN 55116 Mickey Patsy 1384 Albemarle St St Paul MN 55117 Tom Gorz 772 Desoto St St Paul MN 55101 Te[ephane: 6.i1-266-1900 Facsimde 551-266-19/9 Web:' „ s�oauleorlEsi Order to Abate Nuisance Storage and refuse Dear Eljim Company: The Case Management Unit, of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 1322/1324(1326/1328 RICE ST (131 IVY AVE W) and legally described as follows, to wit: HAGERS SUBDIVISION OF LOTS 1, 2, 3, 4, 5, 6, 7, 14, 15, 16, 17, 18 OF WALCOTTS ADDITION TO COTTAGE HOMES SUBJ TO ESMTS; VAC ALLEY ACCRUING & LOTS 10 THRU LOT 24 BLK 12 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.03, and subject to Abatement under authority of Chapter 45.11. On May 04, 2009, an Inspection Report was compiled concluding that a nuisance condition has been created and maintained that threatens the public peace, health, safety or sanitary condition of the city or which is offensive or has a blighting influence on the community including but not limited to: AA-ADA-EEO Employer July 2, 2009 131 IVY AVE W page 2 09-770 ABANDONED VEHICLES: There are over one hundred automobiles that are not correctly licensed, operable, andlor secured from unauthorized entry, or that aze missing vital parts. 2. STORED VEHICLES: There are automobiles that are being stored on the property. There aze no business licenses at the property under which vehicle storage would be permitted. COMMERCIAL VEffiCLES: There are commercial vehicles that are not correctly licensed, operable and/or secured from unauthorized entry. 4. COMMERCIAL VEHICLES: There axe commercial vehicles that are being stored on the property. There are no business licenses at the property under which commerciai vehicle storage would be allowed. 5. EQUIPMENT: There are various types of equipment that are; being operated or being stored at the property. There are no business licenses at the property under which equipment operation or starage would be allowed. The type of equipment includes but is not limited ta fork lifts, roll-off boxes, equipment used for auto or truck repair, recycling or used for the operation of a refuse or metal removal business, or towing business. 6. MACHINERY: There is machinery being stored or operated at the property. There are no business licenses at the property under which commercial vehicle storage would be allowed. TRAILERS: There are trailers throughout the property. There are no business licenses at the property under which the storage of trailers would be allowed. 8. EXCESSIVE STORAGE: It is unlawful to accumulate and store building material, lumber, boxes, cartons, portable storage containers, intermodal cargo containers or other containers, machinery, scrap metal, junk raw material or fabricated goods in such a manner as to constitute a nuisance or rodent harborage. 9. SANITATION: There is improperly stored or accumulated refuse including; garbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, rires, etc. As first remedial acrion, 1. Remove and properly dispose of or remove and properly store all abandoned vehicles. 2. Remove all stored vehicles. 3. Remove all unlicensed, inoperable or unsecured commercial vehicles. 4. Remove all stored commercial vehicles. 5. Remove all equipment from the exterior of the property. July 2, 2009 131 IVY AVE W page 3 6. Remove all machinery from the exterior of the property. 09-��0 7. Remove all trailers from the exterior of the property. 8. Remove all storage from the exterior of the property, including from cars, trucks, trailers, equipment and machinery. 9. Remove all accumulated refuse including; garbage, rubbish, junk, vehicle parts, wood metal, recycling materials, household items, buiiding materials rubble, tires, etc. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not conected by June 15, 2009 the Department of Safety and Inspections, Division of Code Enforcement, will begin a substantial abatement process to demolish and remove the nuisance(s). The costs of this action, including administrative costs will be assessed against the property tases as a special assessment in accordance with law. 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 ar subsequent renters and any subsequent owners. The Enforcement Officer is required by law to post a placard on this property which declares it to be a"nuisance condition", subject to abatement and removal by the City. This placard shall not be removed without the written authority of the Department of Safety and Inspections, Division of Code Enforcement. The deparhnent is further required to file a copy of this "Order to Abate" with the City Clerk's Office. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the City Council at which time testimony will be heard from interested parties. After this hearing the City Council will adopt a resolution stating what action if any, it deems appropriate. If the resolution calls for abatement action the Council may either 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 45 of the Saint Paul Legislative Code and provide that if cotrective 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. July 2, 2009 131 IVY AVE W page 4 09-770 If you have any quesrions or request additional information please contact Joel Essling between the hours of 8:00 and 9:30 a.m. at 651-266-1404, or you may leave a voice mail message. Sincerely, Steve Magner Case Management Program Manager Division of Code Enforcement cc: Mary Erickson - Council Research Cindy Carlson - PED Housing Amy Spong — Heritage Preservation ota60135 3/09 09-770 STATE OF MINNESOTA AFFIDAVIT OF SERVICE COUNTY OF RAMSEY METRO LEGAL SERVICES Neil Hanson, being duly sworn, on oath says: that on June 22, 2009, at 5:01 PM he served the attached: Notice of Public Hearing upon: Ann Lyman, therein named, personally at: 9050 Parkside Drive, Woodbury, County of Washington, State of Minnesota, the usual abode of said Ann Lyman, by handing to and leaving with Mark Lyman, son, a person of suitable age and discretion residing therein, a true and correct copy thereof. Subscribed and sworn to before me on Z`� , 2��9 �� ~� o� . : �,._ �HRISTOPHER H. RAND � � � �`,'��, NOTARYPUBUGMINNESOTA � My Commission Eap��es Jan 31, 2012 o -.,_...ew Y 1 076044 - 1 RE 131 Ivy Avenue West � W d' � �, � M ti O O N r � 5 � � d 7 H b�-0 .� N x � > .� a � 0 0 N � H '� h � 'C a c ^cs � �c�0 .� x .� 0 T � �� F o 0 0 0 0 09-770 OL. N N N N N � N � � � h G1 H 4 p � Z � G1 � � �:. az�F O d �F�A � � � O� D F " A a z„�„ W o 0 0 0 0 0 0 0 0 0 � � � � � � � � � � O� W N 4yj O� N o� O� N� O� N o� Q� N oY Q� V� a N N N N N N N N N N ai W� � b b � � � � � b b a � � W z�H o o�W � w ° a � J F; � A p , U �" CY+ � �� g .� a. H�"a H O O O a � z ;, �, � w w � � � �� a E" O O � ~ Z O� Q� � � � � � � � W W�j v��, p " N � o� CC F" �, �l a� n �p v� � r U c�i W W � ,-7 > ,n ,-• N .� ,-. F ' -' '�" '� N e-'1 � e'. � 4" -�. W y �n a�i A ,� � ,� N � . � O � H � �.�'., � � b � � � � � �j � a �y O. V] � O �' �O � N O� �� p.n n0 W� �J N� � N s. , � �� P-� .O b� a �� K - � ° �, z U � W� O� C7 � a� �� V V � .�� a QO $ ��a �Qa. �Ma � � W �� Cao Caa�,v� E��vz ��v� C;� � � v a DEPARTMENT SAFETY AND j�P�ONS Fire Inspecrion Division �� Robert Kessler, Director CITY OF SAII�]T' PAUL ChristopherB. Coleman, Mayor April 13, 2009 ANN LYMAN 9050 PARKSIDE DRIVE WOODBURY MN 55125 RE: REFERR AL 1322 RICE ST Ref. # 26473 Deaz Property Representative: 375JacksanS[reet,Suite120 Telephone:651-266-9090 Saint Paul, MN55101-l806 An inspe�-was made of your building oii Afn•il_9, 2009 in.response Io a referral_•�ou are hereby notified that the f�13r�w�rg cleficiency list must be corr�cted immediately. A reinspection wi�i b� �nade on or afrer April 24, 2009. Failure to comply may result in a criminal citation or revocation of the Fire Certificate of Occupancy. The Saint Paul L,egislative Code requires that no building shall be occupied without a Fire Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. DEFICIENCY LIST LOWER LEVEL BUSINESSES - MSFC 901.6 - Provide required annual service of the fire extinguishers by a qualified person and tag the fire extinguishers with the date of service. 2. THROUGHOUT LOWER LEVEL AREAS - MSFC 906.1, MN Stat. 299F361 - Provide approved fire exringuishers in accordance with the following types, sizes and locations.-Provide minunum 2Al OBC fire extinguishers spaced not more than 75 feet travel distance from any point in the building to an extinguisher. They must be permanently mounted between 3 and 5 feet high in readily visible and easily accessible locations. 3. SPLC 310.02 - Use of this property does not conform to licensing ordinance. Discontinue unlicensed use or call DSI/Licensing at (651) 266-9090 to obtain a license. Discontinue auto repair, auto salvage operations, and parking of automobiles in lower wazehouse areas. No approvals have been granted for such use. � 5. C'� SPLC 34.09 (1) b,c, 34.32 (1) b,c Repair areas of loading dock wall where blocks aze missing or badly deteriorated. Tuck-point as required. NFPA 211 Remove unapproved woodburner from lower warehouse/parking garage area. SPLC 34.11 (4), 3434 (1), MPC 4515, MPC 326 Maintain water level in toilet - lower warehouse. 09-770 �• MSFC 605.1 Remove or rewire to code exposed non-metallic electrical conductors throughout building. Remove power cord runn;ng up into ceiling in front section of Thomas Athletics. This work may require apermit(s). Call DSI at (651) 266-9090. You have the right to appeal these orders to the Le�slarive Hearing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 310, (651-266-8688), and must be filed within 10 days of the date of the original orders. If you have any questions, please contact me at 6� 1-266-8944 between 7:30 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and wark. Sincerely, Dave Bergman Fire Inspector Ref. # 26473 09-770 DEPARTMENf OF SAFETY AND INSpECIIONS Bob Keu1e' Direcmr CITY OF SAINT PALTL 375.IackronSbee; Suiie 220 Telephmie: 55] 266-9090 C7n�istopherB Colentm;Mayor StPmd,M"�esota55701-1806 Facs"nrsile 657-2669I24 Web wvnvsm¢uLem�/dri Apri130,2009 Anne Lyman DC Development LLP 9050 Pazkside Drive Woodbury MN 55125-7514 RE: Properiy located at 1322 Rice Street (also lmown as 131 Ivy Avenue West) Deaz Ms. Lyman: This letter serves as formal notice of enforcement for violation of the City Zoning Ordinance for the properry located at 1322 Rice Street (also Imown as 131 Ivy Avenue West). In July, 2008, � sent you a notice that the faz east side of the site is not in compliance with the approved site plan dated October 6, 20�5. I had given you unril August, 2008 to address the orders - and bring the property into compliance. You responded with a phone call to me requesting an extension of time to comply with the requirements. The extension was granted through October, 2008. I did a follow-up inspection to check for compliance and as of today, the following requirements have still not been met: • Repair the visual screening fence. • Apply for a street vacation of Hawley Street or obtain an encroachment permit. In addition, I conducted site visits of this properry on Apri13`�, April 6`", Apri115�`, and April 21�`. On those visits, I observed the following violations occurring behind the building off of Iry Avenue West and on the street of Ivy Avenue West: • Exterior storage of inopeiable, unsecured, and improperly licensed vehicles. • Exteriar storage of vehicles open to unauthorized eniry. • Esterior storage of vehicles missing vital parts. • Ea�terior storage of semi-trailers, • Exterior storage of vehicle parts (specifically tires). • Roll-offs parked in the right-of-way. Because the far east side of the property remains noncompliant with the October, 2005, approved site plan and the additional activities observed on siie, this property is in violafion of the City Zoning Ordinance. Furthermore, the bvsiness sign for Globe Auto Sales must be removed. Per Zoning Code Section 64.205: "Any business sign wIuch advertises an activity no longer in existence shall be removed by the property owner within thirty (30} days from the time the activity ceases e�cistence." According to our Iicense records, the business ceased to e�st as of January 1, 2008, and therefore, the sign must be removed. � E4� �PPofimiTy Employer 09-770 Nls. Anne Lyman Page 2 Apri130, 2009 In coaclusion, this property is in violation of the City Zoning Ordivance, AI► nnapproved eaterior storage mnst cease immediately. The lot must be cleared of all exterior storage within 30 days of the date of this letter or enforcement action will commence. Any future proposed use of the properly will require mning review and approval. I wilI occasionatly be monitoring the progress of this pmperry in the next 30 days. In the meantime, if you have any mning questions regarding this matter, please contact me az 651-266-9085 (phone) or coiinne tillev(c�ci stoaul mn us (email). Regards, Corinne DSIlnspector—Zoning U Copy: Dave Bei�gfnan, DSI Fire Inspections "' Joel Essling, DSI Code Enforcement -'" Steve Magner , DSI Code Enforcement Cluistine Rozek, DSI Deputy Director Larry Zangs, DSI Project Facilitator ELJIIvi Company 1322 Rice Street St Paul MN 55117-4543 09-770 Date: File #: Folder Name: June 02, 2009 09 - 063311 131 IVY AVE W HP District: Property Name: Survey Info: PIN: 192922320129 09-��0 nate: auoe oa, 2009 gr v�tri�t: File #: 09 - 063311 Property Name: Folder Name: 131 IVI' AVE W Snrvey Info: PIN: 19292232n129 09-770 Date: June 02, 2009 HP District: File #: 09 - 063311 Property Name: Folder Name: 131 IVI' AVE W Survey Info: PIN: 192922320129 09-770 Date: June 02, 2009 HP District: File #: 09 - 063311 Property Name: Folder Name: 131 IVY AVE W Survey Info: PIN: 192922320129 �z �� .�. ; � •; _ � ii�i1+ . .:�t,`•r�.. i '� ,: ^ "� � � � \ � v � � ,, :�� :�t � •�; �v�.� . .. � �.iYl�� :.A�__. . � .. � _ _ _ � c �\'-.. . . � �f.` � �:`�� - - � - \ � i � .i t _ �� . �.; � _ .. .. .._ i . . .. w.xu ...x_.n..6 ��s<.ws_..ii...... ....i .� s .. ... � � T C . . �:%'�� ._. ... /�\ . �' � / ii--"'.=�`qS�s�� .. 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' _ .. � � '�t �- "� � " - � � """ .„ _ � -,�,,,�,�E ..,%- � - , ".,. -, w ,� � r ,. ^�' _ ,-.s"'_L"L ,.aSi _ � _� �, y�i.y+., � 4 � . ¢*5. . .. „ .. .. . _ ...v . .-. ... _ _ _ ,._ . ..-, . _..i . . .... ....�.�.:f.' ....._,. 09-770 Date: July 07, 2009 File #: 09 - 063311 Folder Name: 131 IVY AVE W HP District: Property Name: Survey Info: PIN: 192922320129 09-770 Date: July 07, 2009 File #: 09 - 063311 Folder Name: 131 IVY AVE W T3P Distr;ct: Property Name: Survey Info: PIN: 192922320129 f °� . , ` ' � � � .� �v 09-770 Date: July 07, 2009 HP District: File #: 09 - 063311 Proper[y Name: Folder Name: 131 IVY AVE W Survey Info: PIN: 192922320129 09-770 � ��• � ..R �'e } " fY: _ -{ � � ' ..� ti� � �' � �� i '� � - ., v.:,� , � . . � . - ^ r� . «, . � .� �`y " Cr r' Date: July 07, 2009 HP Aistrict: File #: 09 - 0633ll Property Name: Folder Name: 131 IVI' AVE W Survey Info: PIN: 192922320129 09-770 Date: July 07, 2009 F�7e #: 09 - 063311 Folder Name: 131 IVY AVE W PIN: 192922320129 . . _ y �, i 4..�� ..- �� HP n;strict: Property Name: Survey Info: , �= - ;,, � - - ��Fu' ,�-, . � �n � x ,„r, r> 'i'� E'k' -� »`' ' a > h _ S i >e9},+J„f.,.., '.;ti.�;_,:.+' . _ t Y � ' m . . � i "� . fi -f � � � �' . L K � �� . d"" '< � � , �� } • � Y �� £ h �r 1�"�4 �� ( y�$ y .hH . � ��L �'uJ�y�,� �'��/g'.hq _ ' �nr}�.t. �'.�t'�"� �...� .. �? '/ . . . �� .,� t �. , � i l., I `C �� $ � .,. � . � � � � � , .. , ., Y . .r, a ,;s � , 5 � .,y�w„' .. � . n . �� — � �. . - ..w. . .,. ; a.. , -. _ "�_ `�.--�... ' ^G�>' ' ; �x . � w ,' r'"� ..., . a .�} w�' �" :i:� . " ry , .. ' .�, - . x.w � ;_* ,�._ � s�rt; � { `: 09-770 July 7, 2009 Legislarive Hearing Minutes Page ll 4. Ordering the owner to Remove Nuisance Storage at 131 Iw Avenue West within fifteen (15) days from adoption ofresolurion. Ann Lyman, DC Development LLP, the property owner, appeared. She said she had purchased the property on a contract for deed approxnnately five years ago and had paid off the balloon on the contract for deed. She said she didn't understaxid why Eljun Company was showing up as a party of interest when the contract had been sarisfied and they were now located somewhere in South Dakota. Ms. Moermond asked about the other interest in the lunited parfnership. Ms. Lyman responded that she owned 98 percent of the partnership with her two sons who owned one percent each. Ms. Moermond asked for a report from Mr. Essling. Mr. Essling stated the building was a one-story commercial warehouse with two northern buildings on a lot of 70,132 acres. He noted that the C of O for the two northern buildings had been revoked and was referred to Vacant Buildings. There had been two summary abatements issued to this property since 2008, one of which was a substantial abatement: remove abandoned vehicles, stored vehicles, equipment, machinery, trailers, sanitation, and remove excessive amounts of storage. On May 4, 2009, an inspection of the building was done and a list of deficiencies which constitutes a nuisance condition was developed. An order to abate nuisance storage was posted on May 29, 2009 with a compliance date of June 15, 2009. To date, the property remained in a condition which comprised a nuisance as defined by the Legislative Code. Real estate taYes for 200$ were delinquent in the amount of $34,992.00 and the first half of 2009 were delinquent in the amount of $19,663.60, plus penalty and interest. Code Enforcement estimates the cost to clean up the property to be approximately $35,000. DSI - Code Enforcement submitted orders that the property owner remove this storage within 15 days and if not, authorizing DSI — Code Enforcement to remove all items and asses the costs to the property owner. Mr. Essling presented photographs of the property as well as the revocataon of the C of O for 1322 Rice Street and orders issued by Zoning for 1322 Rice Street. From the photos taken on July 6, he pointed out that most of the property had been cleaned up with the exception of tires, ttaree trucks, a semi trailer, refuse and debris which were still considered a nuisance. He said he estimated the cost of the clean up to now be approximately $10,000. Ms. Moermond asked who the other parties were that were listed on the Order to Abate. Mr. Essling responded that one of the buildings was being used as an auto dealership by David Busch, DRB LLC; one building was being used for a towing business and storage of vehicles by Mickey Patsy; the other was Thomas Garz who had relocated his business with Thomas Wybierala. He noted that the last property Mr. Gorz was ordered to clean up, he simply moved the 200 tires ar so to another property. Ms. Moermond and Ms. Lyman reviewed the photos taken on July 6. Ms. Lyman contended that there was only one truck and some tires which still needed to be removed. She said she had seroed an eviction notice on all of the tenants on May 1; however, no one moved out. She then hired an attorney who served an unlawful detainer on the tenants which hearing was this morning and she was unaware of the outcome of that hearing. She said the tenants started cleaning up the property once the UD was served by her attomey and since she did not have clear rights to the property, the only thing she could do was remove a sign. The tenants had since changed the locks so she did not currently have access to the entire property until hopefully after the UD hearing. She said the only tenant that she had rentad the property to was Thomas Gorz; David Busch, DRB, was illegally using 09-770 July 7, 2009 Legislative Hearing Minutes Page 12 and renting out the remainder of the properiy. She said she had hired someone who was going to finish cleaning up the tires and the remainder of the property which she believed could be done in a short amount of time. She currently had the property marketed for sale and had a buyer who was interested in purchasing the property. Ms. Moermond recommended approving the order to remove the excessive storage and refuse within 15 days. She explained to Ms. Lyman that the order would not become effecrive until after the Mayor's Office signed ffie resolution which would give her some additional time to get the property cleaned up. She said from what appeared in the photos, she was hopeful that the remainder of the property could be cleaned up before the City had to enforce their orders.