10-233AMENDED 3/3/10 Council File # 10-233
Green Sheet # 3095719
RESOLUTION
OF SAINT PAUL, MINNESOTA 4�/
Presented by
1 WHEREAS, Department of Safety and Inspections has requested the City Council to
2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking
3 and removal of a one-story, wood frame, commercial building located on property hereinafter
4 referred to as the "Subject Property" and commonly known as 1187 PAI'NE AVENUE. This
5 property is legally described as follows, to wit:
6
7 JOSEPH R. WEIDE'S ADDITION TO THE CITY OF ST. PAUL, MINN. LOT 6 BLK 1
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Department of Safety and Inspections on or before August 24, 2009, the
following are the now known interested or responsible parties for the Subject Property: William
R Aluko/Rotech Properties, 5325 70`� Circle N, Brooklyn Center, MN 55429-1234; William R.
Aluko, 3018 Idaho Ave N, Crystal, MN 55427; District 5 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 November 24, 2009; and
WHEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair
or demolish the structure located on the Subject Property by December 24, 2009; and
WHEREAS, the enforcement officer has posted a placazd on the Subject Property
declaring this building(s) to constiYuYe 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
WHEREAS, a hearing was held before the Legislative Heazing Officer of the Saint Paul
City Council on Tuesday, February 9, 2010 and Tuesday, February 23, 2010 to hear
testimony and evidence, and after receiving testimony and evidence, made the recommendation
to approve the request to order the interested or responsible parties to make the Subject Property
10-233
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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,
March 3, 2010 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 1187 PAI'NE 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 aY the Subject Property.
That an Order to Abate Nuisance Building(s) was sent to the then laiown
responsible parties to conect the deficiencies or to demolish and remove the
building(s).
That the deficiencies causing this nuisance condition have not been corrected.
That Deparhnent of Safety and Inspections has posted a placazd on the Subj ect
Property which declares it to be a nuisance condition sub}ect to demolition.
That this building has been routinely monitored by Department of Safety and
Inspections, VacanUNuisance Buildings.
That the known interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
10-233
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The Saint Paul City Council hereby makes the following order:
81 1. The above referenced interested or responsible parties shall make the Subject Property
82 safe and not detrimental to the public peace, health, safety and welfare and remove its
83 blighting influence on the community by demolishing and removing the structure in
84 accordance with all applicable codes and ordinances. The demolition and removal of the
85 structure must be completed within ���4��°�7 five 5 days after the date of the Council
86 Hearing.
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88 2. If the above corrective action is not completed witl�in this period of time Department of
89 Safety and Inspections is hereby authorized to take whatever steps are necessary to
90 demolish and remove this structure, fill the site and charge the costs incurred against the
91 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative
92 Code.
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In the event the building is to be demolished and removed by the City of Saint Paul, all
personal property or fixtures of any kind which interfere with the demolition and removal
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.
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.
Bostrom
Carter
Stark
Thune
Adopted by Council: Date
Requested by Deparhnent of:
Safety and Inspections
By:
Foxm Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
Adoprion Certified by Counc' Secretary By.
BY� 69�/( _�i�l�J
Approve � yors Date � /C� /�
By:
Yeas
✓
10-233
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
', DepartmenUOfficelCauncil: ; Date Initiated:
' SI -Dept.ofSafety&Inspections �; �5JAN2010 � GCeeC� Sheet NO 3095719
� Contact Person & Phone: � ', Department Sent To Person Initial/Date �
� Bob Kessler o peo�. otsaien a� insoectioos �
266-9013 �', � 1 Deot of SafeN & Inspecfions Deoarhnent Direcror
��9� ' 2 CiNAttorneV �NAttome�
�; Must Be on Council Agenda by (Date): . Number , , ,
� 03-MAR-10 �i For � 3 D7ayor•s Office il7avor/ASSistant �
� — Routing ; 4 Council ��I �,
� Doc. RESOLUTION , Order , 5 Ciry Clerk Cilv Clerk I I,
E-Document Required: Y
Document Contact:
ConWtt Phone:
Total # of Signature Pages _(Clip All Locatians for Signature)
City Council to pass this resolution which will order the owner(s) to remove the referenced building(s). If the owner fails to comply
with the resolution, the Deparhnent of Safety and Inspections is ordered to remove the building. The subject property is located at
1187 PAYNE AVENUE.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person�rtn possess a skill not normally possessed by any
current city employee?
Yes No
F�cplain 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
repair or remove the building at 1187 PAYNE AVE by December 24, 2009, and have failed to comply with those orders.
Advantages If Approved:
The City will eliminate 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, collected as a special
assessment against the property taaces.
A nuisance condition will Lemain unabated in the City. This building(s) will continue to blight the communiry.
Disadvan W ges If Not Approvetl:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
Totai Amount of
Transaction: CostlRevenue Budgeted:
Funding source: Nuisance Housing Abatement pctivity Number: 001-00258
Fi nancial Information:
(Explain)
February 10, 2010 1:55 PM Page 1
10-233
DLPAR7MLN70F SAFETY AND INSPECTIONS
H�chrsrn Lippen, Depury Drrec: or
C I • I • Y �� St1LL V 1 PA � 375 Jackran Streec, Suite 220
Vlv SaintPrtut, MN 55/0!-/8Q6
Clu��siopt,er B Co!emnn, Mayo�
w
]anuary 15, 2010
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the Ciry Council
7eleplione: GS!-26G-318?
Fnrsrnule Gi;-26G-1919
Wcb' �
Department of Safety and Inspections, Vacant/Nuisance Buildings Enforcement Division has
requested the City Council schedule public hearings to consider a resolution ordering the repair
or remova3 of the nuisance building(s) located at:
1187 PAYNE AV�
The City Council has scheduled the date of these heazings as follows:
Legislative Heari�g — Tuesday, February 9, 2010
City Council Hearing — Wednesday, March 3, 2010
The owners and responsible parties of record are:
Name and Last Known Address
William R Aluko/Rotech Properties
5325 70th CirN
Brooklyn Center MN 55429-1234
William R Aluko
303 8 Idaho Ave N
Crystal NIN 55427-4686
Payne-Phalen District 5 Planning Council
LeslieMcMusay�a,pavnerohalen. org
Interest
Fee Owner
C of O Responsible Party
District Council Contact
An Affirma[ive Acrion Equal Opportunity Employer
10-233
i 187 PAI'iVE AVE
January 15,2010
pa�e 2
The legal description of this property is:
JOSBPH R. WEiDE'S ADDITION TO THE CITY OF ST. PAUL, MINN. LOT 6 BLK 1
The Department of Safery and Inspections has declazed this building(s) to constitute a"nuisance"
as defined by Legislative Code, Chapter 45. The Department of Safety and Inspections has
issued an order to the then known responsible parties to eliminate this nuisance condition by
correcting the deficiencies or by razing and removing this building(s).
The property was re-inspected on December 25, 2009. There was no compliance and the
nuisance condition remains unabated, the community continues to suffer the blighting influence
of this property. It is the recommendation of thc Department of Safety and Fnspections that the
City Council pass a resolution ordering the responsrble parties to either repair, or demolish and
remove this building in a timely manner, and failing that, authorize the Department of Safety and
Inspections lo proceed to demolition and retnoval, 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 �VlagneN
Steve Magner
Vacant Buildings Manager
Department of Safety and Inspections
SM:cs
cc: David Palm, City Attorneys Office
Mary Brickson, Assistant Secretazy to the Council
Cindy Carlson, PED-Housing Division
Nancy Homans, Invest St. Pau]
District Council — Community Organizer
pubhrngG0183 311�J9
SUMMARY FOR PUBLIC HEARING 10-233
1187 Payne Avenue
Legislative Hearing — Tuesday, February 9, 2010
City Council — Wednesday, March 3, 2010
The building is a one story, wood frame, commercial building on a lot of 2,614 square feet.
According to our files, it has been a vacant building since Apri121, 2004.
The current property owner is William R Aluko/Rotech Properties, per AMANDA and Ramsey
County Property records.
The city has had to board this building to secure it from trespass.
There have been twenty-three (23) SUMMARY ABATEMENT NOTICES since 2004.
There have been twenty (20) WORK ORDER(S) issued for:
- Boarding/Securing
- Improperly stored refuse, garbage and misc debris
- Removal of tall grass and weeds
- Removal of snow and ice
On November 12, 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 1�3ovember 24, 2009 with a compliance date
of December 24, 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 went to assessment on June 1, 2009.
Taxation has placed an estimated market value of $33,000 on the land and $81,800 on the
building.
As of February 1, 2010, a Code Compliance Inspection has not been completed.
As of February 1, 2010, the $5,000.00 performance bond has not been posted.
Real Estate taYes for the years 2006-2009 are delinquent in the amount of $25,497.49, plus
penalty and interest.
Code Enforcement Officers estimate the cost to repair this structure is $40,000 to $50,000.
The estimated cost to Demolish is $8,000 to $10,000.
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 C:p I.�t �r. ,�aion C1uic� ;nfn
Page I of 2
10-233
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DEPARTMENTOFSAFETY ANDINSPECTIONS
Richard Lipper{ Manager of Code Enforcement
CITY OF SAINT PAUL
Christopher B. Coleman, Mayar
375 Jackson Street, Suile 220
Smnt Paul, MN 55! 01-l806
Tel ephone: 651-266-8989
Facsmile. 651-266-1979
P✓eb. wwwstpaul.rov/dsi
November 24, 2009
William R Aluko
Rotech Properties
5325 70th Circle N
Brooklyn Center, MN 55429-1234
William R Aluko
3018 Idaho Ave N
Crystal, MN 55427
Order to Abate Nuisance Building(s)
Deaz Madam or Sir:
The VacanUNuisance Buildings Unit, Department of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
1187 PAYNE AVE
and legally described as follows, to wit:
JOSEPH R. WEIDE'S ADDITION TO THE CITY OF ST. PAUL, MINN. LOT 6 BLK
to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter
45.02, and subject to demolition under authority of Chapter 45.11.
On November 12, 2009, a Building Deficiency Inspection Report was compiled and the
following conditions were observed.
This list of deficiencies is not necessarily all the deficiencies present at this time. This
building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall
not again be used for occupancy until such time as a Certificate of Compliance or a
Certificate of Occupancy has been issued. All repairs must be in accordance with
appropriate codes. Changes or additions to the electrical system, mechanicai system, or
the plumbing system may necessitate updating or upgrading the systems involved.
This is a one-story, wood frame, commercial building.
AA-ADA-EEO Emptoyer
November 24, 2009
1187 PAYNE AVE 10-233
page 2
1. The eaves and soffits are in a state of disrepair or deteriorarion. Repair all
defects, holes, breaks, loose or rotting boards, to a professional state of
maintenance. Permit may be required.
2. The foundation is deteriorated, defective or in a state of disrepair. Repair all
foundation defects in a professional manner to a weather-ti�ht, water-tight and
rodent-proof condition. Permit may be required.
3. The exterior walls and/or trim of the house and/or garage has defective,
peeled, flaked, scaled or chalking paint or has unpainted wood surfaces.
Scrape and repaint to effect a sound condition in a professional manner.
4. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace
the roof covering to a sound, tight and water impervious condition. Permit
may be required.
5. The exterior walls of the house andlar garage are defective. Repair all holes,
breaks, loose or rotting siding, to a professional state of maintenance.
6. FiJRNACE: Have a licensed heating contractor service and clean the furnace
or boiler and make any necessary repairs. Perform a C/O test on the heating
plant. Then, send the attached form back to the Inspector. Repair of gas fired
appliances requires a permit.
7. G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. outlet. Permit May
Be Required.
8. The interior ceilings are defective. Repair all ceiling defects and finish in a
professional manner.
9. The interior walls are defective. Repair all wall defects and finish in a
professional manner.
10. There is evidence of a rodent infestation. Immediately exterminate and
eliminate all rodents from the entire building. Remove rodent harborages in
the yard areas. Tuckpoint the foundation if necessary to rodent-proof the
building to prevent re-infestation. Immediately remove any dead rodents from
the premises.
11. SANITATION: Immediately remove improperly stored or accumulated refuse
including; garbage, rubbish, junk, vehicle parts, wood, metal, recycling
materials, household items, building materials, rubble, tires, etc., from yard.
The Saint Paul Legislative Code requires all exterior property areas to be
maintained in a clean and sanitary condition. Usable materials must be stored
in an approved manner, so as not to constitute a nuisance.
November 24, 2009
1187 PAYNE AVE
page 3
12. Smoke Detector: Lack of properly installed and operable smoke detector.
Provide functioning smoke detectors in accordance with the attached
requirement, within 24 hours.
10-233
13. Lack of Water Service. Immediately restore water service. Failure to provide
water service will result in these premises being declared Unfit for Human
Habitation and ordered vacated for lack of this basic facility.
14. The window andlor door screens are missing, defective or in a state of
disrepair. Provide proper window and door screens for all openable windows
and doors. Screens must be tight-fitting and securely fastened to the frames.
15. The windows and/or storm windows aze in a state of disrepair. Replace all
missing or broken window glass. Make all necessary repairs to frames,
sashes, hardware and associated trim in a professional manner. Permit may be
required.
16. Mold issue
17. Bare stud walls
18. Missing floor
As owner, agent or responsible party, you are hereby notified that if these deficiencies and the
resulting nuisance condition is not corrected by December 24, 2009 the Department of Safety
and Inspections, Division of Code Enforcement, will begin a substantial abatement process to
demolish and remove the building(s). The costs of this action, including administrative costs
and demolition costs will be assessed against the property taxes as a special assessment in
accordance with law.
As first remedial action, a Code Compliance Inspection Report must be obtained from the
Building Inspection and Design Section, 3�5 Jackson Street, Suite 220, (651)266-8989. This
inspection will identify specific defects, necessary repairs and legal requirements to correct this
nuisance condition.
If this builcling is located in a historic district or site {noted above, just below the property
address) then you must contact Heritage Preservation (HPC) staff to discuss your proposal for
the repairs required by this order and compliance with preservation guidelines. Copies of the
guidelines and design review application and forms are available from the Deparhnent of Safety
and Inspections web site (see letterhead) and from the HPC staff. No permits will be issued
without HPC review and approval. HPC staff also can be reached by calling 651-266-9078.
As an owner or responsible party, you are required by law to provide full and complete
disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and
any subsequent owners. The property shall not be sold, transferred or conveyed in any manner
until the Nuisance Conditions have been abated and the Certificate of Code Compliance or
Certificate of Occupancy has been issued.
November 24, 2009
I 187 PAYNE AVE
page 4
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 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.
10-233
If corrective action is not taken within ±he 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 33 of the Saint Paul Legislative Code and provide that if corrective action
is not taken within the specified time, the City shall abate this nuisance. The costs of this
action, including administrative costs will be assessed against the property as a special
assessment in accordance with law.
If you have any questions or request additional information please contact Ed Smith between
the hours of 8:00 and 930 a.m. at 651-266-1917, or you may leave a voice mail message.
Sincerely,
Steve Magner
Vacant Buildings Program Manager
Division of Code Enforcement
cc: Mazy Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
ota6Q135 5/09
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Date: November 04, 2009
File #: 04 - 075Q81
Folder Name: 1187 PAPNE AVE
HP District:
Property Name:
Survey Info:
10-233
PIN: 292922120085
10-233
February 23, 2010 Legislative Hearing Minutes Page 5
4. Ordering the owner to remove or repair the building(s) at 1187 Pame Avenue within fifteen
(15) days from adoption of resolution. (Laid over from Feb 9 to obtain an historic
designation report from Ms. Spong)
Mr. Magner said the address was laid over from February 9 to wait for a historic designarion report
from Amy Spong.
Ms. Boulware said the property was north of the potential Payne Avenue commercial historic
district so the HPC would not be making a report.
Ms. Magner said his inspectors had told him that day that they had just sent a work order for a large
pile of furniture and debris behind the building, and a wark order for snow on the walk. He said it
appeared no one was maintaining the property.
Ms. Moermond said her recommendation had not changed; she recommended ordering the building
removed within 15 days.
February 9, 2010 Legislative Hearing Minutes pag��-233
5. Ordering the owner to remove or repair the building(s) at 1187 Pame Avenue within fifteen
(15) days from adoption ofresolution.
The property owner of record, William R Aluko/Rotech Properties, did not appeaz. No other parties
of interest appeared.
Mr. Magner stated the building was a one story commercial building on a lot of 2,614 squaze feet
and had been vacant since Apri121, 2004. A Team inspection had not been done, the vacant
building registration fees in the amount of $1,000 went to assessment on June 1, 2009, and the
$5,000 performance bond had not been posted. On November 12, 2009, an inspection of the
building was done and a list of deficiencies which constitute a nuisance condition was developed.
An order to abate a nuisance building was posted on November 24, 2009 with a compliance date of
December 24, 2009. To date, the property remained in a condition which comprised a nuisance as
defined by the Legislative Code. Ramsey County Taxation estimated the market value of the land
to be approximately $33,000 and the building to be $81,800. Real estate taxes for 2006-2009 were
delinquent in the amount of $25,497.49, plus penalty and interest. Code Enforcement estimates the
cost to repair the building to be approximately $40,000 to $50,000. The cost For demolition was
estimated to be approximately $8,000 to $10,000. There had also been 23 summary abatements
issued to this property since 2004, 20 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 stared refuse and
debris, 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. Spong. Ms. Spong stated that this building was built in
1921 and was a lop-sided commercial storefront and it appeared there had been later additions to the
exterior. She believed this property was located outside the boundaries of the potential Payne
Avenue eligible national historic district; however, she was unsure.
Ms. Moermond recommended laying the matter over to the Februazy 23 hearing to obtain an
historic designation report from Ms. Spong. She also requested Kris Kujala, Ramsey County
Taxation, be contacted regarding this hearing and the outstanding delinquent taxes on the property.