10-86AMENDED 213f10
RESOLUTION
Preseated by
Council File # 10-86
Green Sheet # 3040476
OF„SAINT PAUL, MINNESOTA
a�
4VHEREAS, Department of Safety and Inspections has requested the City Council Yo
hold public hearings to consider the advisability and necessity of ordering the repair or wrecking
and removal of a one-story, wood frame, single famaly dwelling located on property hereinafter
refened to as the "Subject Properiy" and commonly known as 933 BEECH STREET. This
property is legally described as follows, to wit:
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STINSON'S SUBDIVISION OF BLOCK ll 1 OP LYMAN DAYTON'S ADDITION TO ST.
PAUL LOT 29 BLK I 11
WHEREAS, based upon the recards in the Ramsey County Recorder's Office and
information obtained by Department of Safety and Inspections on ar before July 17, 2009, the
following are the now known interested or responsible parties for the Subject Property: Tee X
Vang & Pa S Xiong, 933 Beech Street, St Paul, MN 55106; Wilford & Geske, PA, 8425
Seasons Parkway, #105; Woodbury, MN 55125; Wachovia Mortgage FSB aka World Savings
Bank FSB, 1525 West WT Harris Blvd, Charlotte, NC 28288; Dayton's Bluff District 4
Community 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 3, 2009; and
WHEREAS, this order infozmed the then known interested or responsible parties that the
structure located on the Subject Property is a nuasance building(s) pursuant to Chapter 45; and
WHEREAS, this order infornied the interested or responsible parties that they must repair
ar demolish the structure located on the Subject Property by December 3, 20Q9; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property
declaring this building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Department of Safety
and Inspections requested that the City Clerk schedule public hearings before the Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the 5aint Paul Legislative Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul
City Council on Tuesday, December 22, 2009 and Tuesday, January 12, 2010 to hear
testimony and evidence, and after receiving testimony and evidence, made the recommendation
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to approve the request to order the interested or responsible parties to make the Subject Property
safe and not detrimental to the public peace, health, safety and welfare and remove its blighting
influance on the community by rehabilitating this structure in accordance with all applicable
codes and ordinances, or in the alternative by demolishing and removing the structure in
accordance with all applicable codes and ordinances. The rehabilitation or demolition of the
structure to be completed within fifteen (15) days after the date of the Council Hearing; and
WIIEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
January 20, 2010 and the tesrimony and evidence including the action talcen by the Legfslative
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 Ciry Council hereby adopts the following Findings and
Order concerning the Subject Property at 933 BEECH STREET.
L 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 dollazs ($5,000.00).
3. That there now exists and has existed multiple Housing or Bnilding code
violations at the Subject Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then known
responsible parties to conect the deficiencies or to demolish and remove the
building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
b.
�
That Deparhnent 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, VacantlNuisance Buildings.
That the Irnown 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 Subject Property
safe and not detrimental to the public peace, health, safety and welfare and remave its
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blighting influence on the community
..,,,, �-��. �'��„n .,i; ..�.io ,.ae ,.a _a; „ �wa ..i+e ..+:. � by demolishing
� _
and removing the structure in accordance with all applicable codes and ordinances. The
���a4ie�e� demolition and removal of the structure must be completed within
fifteen (15) days after the date of the Council Hearing.
2 If the above corrective action is not completed within this period of time Department of
Safety and Inspections is hereby authorized to take whatever steps are necessary to
demolish and remove this structure, fill the site and charge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative
Code.
100 3. In the event the building is to be demolished and removed by the City of Saint Paul, all
101 personal property or fixtures of any kind which interfere with the demolition and removal
102 shall be removed from the property by the responsible parties by the end of this time
103 period. If all personal property is not removed, it shall be considered to be abandoned
104 and the City of Saint Paul shall remove and dispose of such property as provided by law.
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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.
Bosttom
Carter
Harris
Thune
AdoptadbyCouncil: Date
Requested by Depariment of:
Safety and Inspecfians
By:
Form Appzoved by Ciry Attorney
By:
Form Approved by Mayor for Submission to Council
Adopri�; rtifi b o il Secretary gy.
By:
Approve yM� or: Da z�7AL�
By:
1�
� :o
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
i DepartmenUOfficelCouncil: I Date Initiated
; S � _ oe of sare� a inS ; os oec zoos � G re S h e e t N 3
- Contact Person & Phone: � i Deoartment SeatTa Person Initialf0ate ,
BOB KESSLER � �� d DeOt of Safety & Insoections ' '
266-9Qt3 � i 1 4eotofSatety&Inspecfions Depar�entDirector ' '
Assign 2 CitVAttoruey ' G1yAttornev ' �
� Must Be on Council Agenda by (Date): j Number , '
' For 3 MaYar's0ffice i; MayodASSistant
i Rou[ing � 4 'Council
; Doc. Type: RESOLUTION � Order I 5 Ciry Gerk C1r "tv Clerk � �
E-Dacument Required: Y
6ocument Contact:
Wntact Phone;
Total t1 of Signature Pages _(Clip All Locations for Signatufe)
Action Requested:
City Counci( to pass this resolurion which will ordet the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolution, the Department of Safety and Inspections is ordered to remove the building. The subject property is
located at 933 BEECH 5TREET.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
L Has this Qewo�rm ever worked under a contract for this department?
Yes No
2. Has this person�rm ev�r been a ciry employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
curren[ city employee?
Yes No
F�cplai� 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
Lzgislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 933 BEECH ST by December 3, 2009, and have failed to comply with those orders.
Advantages If Approvetl:
The City will eliminate a nuisance.
Disadvantages !f 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 [he property taYes.
A nuisance condition will remain unabated in the Cit'y. This building(s) will con5nue to blight the communiry.
Disadvantages If Not Approved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
Total Amount of CosURevenue Bud efed:
Transactian: 9
F�nai�y so�roe: Nuisance Housing Abatement pctivity Number: 001-00257
Financial Information:
(Explain)
January 14, 2010 9:13 AM Page 1
� :�
DEPAR7'MENT OF SAEETY AND INSPEC"ffONS
Ricfiard Lippert, Manuger of Code Enjorcement
CI`I'I' OF SAII�T PAUL 375 Jackron S1reeL Svite 210
Sairst Pau1, .A1,N 55101-IfrOb
Cfirislopher &. Caleman, Mayar
r'�i
December 4, 2609
. NOTICE OF PLBT,IC HEAitINGS
Council President and
Members of the City Council
Te7ephone: 657-2d6-8989
Fc csimlle: 651-26b-19i 9
Wvb: wrvw.slacu4sovfAsi
Department of Safety and Inspections, Vacant(Nuisance Buildings Enforcement Division has
requested the City Council schedule public hearings to consider a resolutzon ordering the repair
or removal of the nuisance building(s) located at:
933 BEECH ST
The City Cauneil has scheduled the date of these hearings as follows:
Legislative Hearing — Tuesday, December 22, 2Q09
City Council Hearing — Wednesday, January 20, 2010
The owners and responsible parties of record are;
Name and Last Known Address
Tee X Vang & Pa S Xiong
933 Seech Street
5t Pau1, MN 55106
Wilford & Geske, PA
8425 Seasons Pazkway, #105
Woodbury, MN 55125
Wachovia 114ortgage FSB
Aka World Savings Bank FSB
1525 West WT Harris Slvd
Chazlatte, NC 28288
Interest
Fee Owner
Foreclosure Attorneys
Mortgage Company
Dayton's Bluff Dishict 4 Community Council
KarinC�u.davtonsbluff.org
District Council Contact
An Affirmative Acrion Equal Oppofivaty Employer
i :,
933 BEECH ST
Aecember 4, 2009
page 2
The legal description of this property is:
STTNSON'S SUBDIVISION OF BLOCK ll i OF LYMAN DAXTON'S ADDITION TO
ST. PAUL LOT 29 BLK 111
The Department of Safety and Tnspections has declared 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 eluninate this nuisance condition by
conecting the deficiencies or by razing and removing this building(s).
The property was re-inspected on December 4, 2009. There was no compliance and the nuisance
condition remains unabated, the community conYinues to suffer the blighting influence of this
property. It is the recommendation of the Department of Safety and Inspections that the City
Council pass a resolution ordering the responsible parties to either repair, or demolish and
remove this huilding in a timely manner, and failing that, authorize the Department of Safety and
Tnspections to proceed to demolirion 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
Depaztment of Safety and Inspections
SM:hI
cc: Chad Staul, City Attomeys Office
Mary Erickson, Assistant 5eczatazy to the Council
Cindy Culson, PEb-Housing Division
I3ancy Homans, Invest St. Paul
District Council -- Community Organizer
pubhrng60183 10/p9
SUMMARY FOR PUBLIC HEARING 10-86
933 Beech Street
Legislative Hearing — Tuesday, December 23, 2009
City Council — Wednesday, January 20, 2010
The building is a one story, wood frame, single-family dwelling on a lot of 4,792 square feet.
According to our files, at has been a vacant building since September i l, 2009.
The current property owner is Tee X Vang/Pa S Xiong, per AMANDA and Ramsey County
Property records.
The city has had to board this building to secure it from trespass.
There have been three (3) SUMMARY ABATEi�1ENT NOTICES since 2009.
There have been two (2) WORK ORDEft(S} issued for:
- Boarding/Securing
- Improperly stored refuse, garbage and misc debris
On November 2, 20Q9, an inspection of the building was conducted, a list of deficiencies which
constihzte a nuisance condition was developed and photographs were taken. An ORDER TO
ABATE A NUISANCE BUILDING was posted on November 3, 2009 with a compliance date af
December 3, 2009. As of this date this property remains in a condition which comprises a
nuisance as defined by the legislative code.
The Vacant Building registration fees are paid (Assessed 12/4/09)
TaYation has placed an esYimated market value of $1 R,400 on the land and $72,400 on the
building.
As of December 17, 2009, a Code Compliance Inspecrion has not been completed.
As of December 17, 2009, the $5,000.00 performance bond has not been posted.
Real Estate taxes are cunent.
Code Enforcement Officers estimate the cost to repair this structure i's $4Q,000 to $50,000.
The es5imated 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 (I S) days, if not the resolution authorizes
the Division of Code Enforcement to demolish and assess the costs to the property.
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Property Identification Number 33.29.2Z.22.0020
(PEN)
Property Address 933 Beech St
St. Paui 55106-4524
Assessment Date 01-02-2008 01-02-2009
Tax Payable Year
Total Estimated Market Value
Totat Taxa6le Market Value
7oYa1 Estimated Land Va(ue
Tota{ Estimated Building Value
Total Property Tax + Special
Assessments
2009
$117,900
$117,900
$39,200
$ 78, 700
$1,410
2010
$91,80D
$91,800
$19,400
$72,400
Property Class Description Res Homestead Res Homestead
Year Built 1900
# of Stories 1.00
Finished SQ Feet 1088
Foundation Size 1084
T`t�e [�fat or �ecticsn J Yawn�higs j it�n�� ane# L��a4 [��sce€�t'so�a
ti�ted below �.ay b� aea ab9arev6ate�1 PegaB �e�erapfiH�n -[s� raot aas�
te� pr�pare S�gaE td�cusnenCs
Plat or Section / Township j St�nson's Sub Of Blli Lyman Da
Range
Legal Description Lot 29 Blk 111
To determine whether your property
is
Abstract or Torrens, call (651)Z66-
2000
Most Recent Qualified Sale 12-29-ZOOD
Most Recent Qualified Price $100,000
tp:i lrrinfo.co.ramsey.mn.us(publicicharacteristiclParcel.aspx? scrn=Quick&pin=332922220020&cnt=0 12(17(2009
DarnRrrasNT oP SwaarY nNn INSPECTioNS 10-86
Richard Lrpper{ Manager of Code Enforcement
CI aF C ��Z� PA� 37i Jackson Sireef , Sune 220 Telephone� 651-26G8989
'� SaintP¢u1,MN351D1-18D6 Facsimite�b51-266-1919
Christopher B. Coleman, Mayor Web. rv�nr�smauLrov/dsi
November 03, 2009
Tee X Vang & Pa S Xiong
933 Beech Street
St Paul, MN 55106-4524
Order to Abate Nuisance Building(s)
Dear Sir and Madam:
The VacanUNuisance Buildings Unit, Department of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
933 BEECH ST
and legally described as foilows, to wit:
STINS�N'S SUBDIVI5ION OF BLOCK 111 OF LYMAN DAYTON'S ADDITION
TO ST. PAUL LOT 29 BLK i ll
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 02, 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 shaIl
not again be used for occupancy until such time as a Certiflicate of Compliance or a
Certificate of Occupancy has been issued. All repairs must be in accordance with
appropriate codes. Changes or additions to the electrical system, mechanical system, or
the plumbing system may necessitate updating or upgrading the systems involved.
This is a one-story, wood frame, single family dwelling.
AA-ADA-EBD Employer
November 3, 2009
933 BEECH ST
page 2
EXTERIOR
I I :�
The chimney is defective, deteriorated or in a state of disrepaix. Replace all missing or
defective bricks, tuckpoint as needed to restore the chimney to a professional state of
maintenance and repair. Permit may be required.
2. The eaves and soffits are in a state of disrepair or deteriaration. Repair all defects, holes,
breaks, loose or rotting boazds, to a professional state of maintenance. Permit may be
required.
3. The exterior walls andlor trim of the house andior 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 matmer.
4. The roof is deteriorated, defective, or in a state of disxepair. Repaar or replace the roof
covering to a sound, tight and water impervious condition. Permit may be required.
The exterior walls of the house and/or garage aze defective. Repair all holes, breaks,
loose or rotting siding, to a professional state of maintenance.
6. STORM DOOR(S): The storm door(s) are in disrepair; repair or replace the door(s).
1�11��17[i5�
1. The bathroom floor covering is deteriorated or inadequate. Provide floar covering which
is impervaous to water and easily cleanable throughout the bathroom and seal azound the
edges and fixtures.
2, Lacking deadbolt door locks. Provide one-inch throw deadbolt locks for all entry doors
to dwelling unit(s).
3. The foundation is deteriorated, defective or in a state of disrepair. Repair all foundation
defects in a professional manner to a weather-Ught, water-tight and rodent-proof
condition. Permit may be required.
4. FURNACE: 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.
5. Lack of Natural Gas Service. Immediately restore natural gas service. Failure to provide
natural gas service will result in these premises being declared Unfit for Human
Habitation and ordered vacated for lack of this basic facility.
6. G.F.C.L: The bathroom is lacking an electrical G.F.C.I. outlet. Permit May Be Required.
7. The interior ceilings are defective. Repair all ceiling defects and finish in a professional
manner.
8. The interior wa11s are defective. Repair all wall defects and finish an a professional
manner.
November 3, 2Q09
933 BEECH ST
page 3
9. 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 buflding to prevent
re-infestation. Isnmediately remove any dead rodents from the premises.
1:�
10. SANITATION: Immediately remove improperly stared or accumulated refuse
including; garbage, rubbish, junk, vehicle parts, wood, metal, recycling materials,
household items, building materials, rubble, tires, etc., from yazd. The Saint Paul
Legislative Cade 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.
11. Smoke Detector: Lack of properly installed and operable smoke detector. Provide
functioning smoke detectors in accordance with the attached requirement, within 24
hours.
12. 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.
13. The window and/or door screens are missing, defective or in a state of disrepair.
Provide proper window and door screens for all openable windows and doors. Screens
must be tight-fitting and securely fastened to the frames.
14. The windows and/or storm windows are in a state of disrepair. Replace all missing or
broken window glass. Make al1 necessary repairs to frames, sashes, hardware and
associated trim in a professional manner. Permit may be required.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and the
resulting nuisance condition is not conected by December 03, 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 action, including administrative costs
and demolition costs will be assessed against the property taaces as a special assessment in
accordance with 1aw.
As first remedial action, a Code Complaance Inspection Re�ort must be obtained from the
Building Tnspection and Aesign Section, 375 Jackson Street, Suite 220, (651)266-8989. This
inspection wi11 identify specific defects, necessary repairs and legal requirements to conect this
nuisance condition.
If this building is located in a historic district or site {noted above, just below the property
address) then you must contact Heritage Preservation (I-IPC) staff to discuss your proposal for
the repairs required by this order and compliance with preservation guidelines. Copies o£ the
guidelines and design review applicarion and forms are available from the Deparhnent of Safety
and Inspections web site (see letterhead) and from the HPC staf£ No permits will be issued
without HPC review and approval. HPC staff also can be reached by calling 651-266-90�8.
November3,2009
933 BEECH ST
page 4
1:�
As an owner or responsible party, you are required by law to provide fuli 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 Cer[ificate of Code Compliance or
Certificate of Occupancy has been issued.
The Enforcement Officer is required by law to post a placard on this property which declares it
to be a"nuisance condition", subject to demolition and removal by the City. This placard shall
not be removed without the written authority of the Department of Safety and Inspections,
Division of Code Enforcement. The department is further required to file a copy of this "Order
to Abate" with the City Clerk's Office.
If corrective action is not taken within the time specified in this order, the Enforcement Officer
will notify the Ciry Council that abatement action is necessary. The City Clerk will then
schedule dates for Public Hearings befare the City Council at which time testimony will be
heard from interested partias. After this hearing tha City Council will adopt a resolution stating
what action if any, it deems appropriate.
If the resolution calls for abatement action fhe Council may either order the City to take the
abatement action or fix a Time within whieh this nuisance must be abated in accardance with the
provisions of Chapter 33 of the Saint Paul Legislative Code and pxovide that if corrective action
is not taken within the specified time, the City shall abate this nuisance. The costs of this
action, including administrafive costs will be assessed against the property as a special
assessment in accordance with law.
If you ha�e any questions or request additional information please contact Joe Yannareliy
between the hours of 8:00 and 9:30 a.m. at 651-266-1920, or you may leave a voice mail
message.
Sincerely,
Steve Magner
Vacant Buildings Progrun Manager
Division of Code Enforcement
cc: Mazy Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong— Heritage Preservation
ota60135 5l09
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December 22, 2Q09 Legislative Hearing Minutes Page 4
3. Ordering the owner to remove or repair the building(s) at 933 Beech Street within fifteen
(15) days from adoption of resolution.
The property owner of record, Tee X. Vang and Pa S, Xiong, did not appear. No other parties of
interest appeared.
Mr. Ma�er stated the building was a one-story, wood frame, single-family dwelling on a lot of
4,792 square feet and had been vacant since September 11, 2009. A code compliance inspection
had not been done, the vacant building registration fees in the amount of $1,000 went to assessment
on December 4, 2009, and the $5,000 performance bond had not been posted. On November 2,
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 3, 2009
with a compliance date of December 3, 2004. 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 $19,400 and the building to be $72,400. Real estate
taxes were current. 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 three summary abatements issued to Chis property since 2009, two of which
went to work order: to secure the building and the City had to board the building to secure it from
trespass, boardinglsecuring, and remove improperly stared refuse and debris. Code Enforcement
recommends the building be repaired or removed within 15 days. Mr. Magner presented
photogzaphs of the property.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building was built in
1900 and was a worker's cottage-style building. She noted that there was a loss of integrity given
the alterarions to the exterior, the block face itself had a lot if infill housing, and since this property
was not located in any potential historic district, 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.
10-86
January 12, 2010 Legislative Hearing Minutes Page 8
6. Ordering the owner to remove or repair the building(s) at 933 Beech Street within fifteen
(15) days from adoption of resolution. (No show at the December 22 hearing.)
David Mortensen, attorney with Wilford & Geske, appeared on behalf of Wachovia Mortgage, the
mortgage company. He stated that the foreclosure proceedings had commenced in January 2009
which went into loss mitigation given the implementation oFnew federal laws. His client attempted
to work with the owners, Tee X. V ang and Pa S. Xiong, to no avail and he filed a notice of
pendency. On December 7, 2009, the property owners filed baiikruptcy which halted the
foreclosure proceedings. He had filed a motion for relief on hehalf of his client which was
scheduled to be heard at the end of January.
Mr. Magner read his report from the December 22, 2009 Legislative Aearing into the record. Ms.
Spong also read her report from the December 22 Legislative Hearing into the record.
Mr. Mortensen stated that the order to abate the nuisance building was never sent to his client nor to
his office in November and after his request, was received by email on December 28. He said if
they had known about the orders on the property, they may have commenced proceedings sooner.
He said they did, however, receive the notice ofpublic hearing in December. He requested
addiCional time far his client to assess what they wished to do with the property.
Ms. Moermond pointed out to Mr. Mortensen that his client did not re-instate the foreclosure
proceedings until December 2009 and the order to abate the nuisance building was mailed on
November 3, 2009. She explained that he and his client likely did not receive the order because of
quirky timing.
Mr. Magner stated that the department was not opposed to granting additional time. Ms. Moermond
stated that slie would recommend continuing the Council Public Hearing from January 20 to
February 3. The following conditions must be met by February 2: 1) apply to shorten the
foreclosure redemption time period; 2) hire an independent contractar to go through the building to
assess the amount of required repairs; 3) apply for the code compliance inspection; 4) post the
$5,000 performance bond; 5) submit foreclosure documentafion; and 6) the property must be
maintained. If these conditlons are met, recommend continuing the Legislative Hearing to February
23 and the Council Public Hearing ta March 17.