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95-42ORIGINAL RESOLUTION OF SAINT PAUL, MINNESOT Presented By Referred To Council File # �S — - I 7 ` Green Sheet # �_ �� Committee: Date WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings to consider the advisabiliry and necessity of ordering the repair or wrecking and removal of a one story single famlily dwelling and a detached single car garage located on property hereinafter referred to as the "Subject Properry" and commonly known as 35 Geranium Avenue West. This properiy is legally described as follows, to wit: Lot 26, Block 4, Stinson's Rice Street Addition to the City of St. Paul, Minn. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or before October 25, 1994, the following are the now known interested or responsible parties for the Subject Property: Thomas F. Miller, Herbert, Welch, Humphreys & Grindberg P.A., 20 North Lake Street Ste 301, Forest Lake, MN 55025; Linda Posey, 260 Erie Street, St �Paul, MN 55102. WHEREAS, Saint Paul Public Health 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 October 24, 1994; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this arder informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by November 23, 1994; and WHEREAS, the enfarcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health requested that the City Clerk schedule public hearings before the I.egislative 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 L,egislative Code, of the tune, date, place and purpose of the public hearings; and qs-4 � WHEREAS, a hearing was held before the L,egislauve Hearing Officer of the Saint Paul City Council on Tuesday, January 3, 1995 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 Properry safe and not detrimentai to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ardinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitauon or 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, January il, 1995 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 35 Geranium Avenue West: 1. That the Subject Properry 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 estunated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Properry. 4. That an Order to Abate Nuisance Building(s) was sent to the then l�own responsible parties to conect the deficiencies or to demolish and remove ffie building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacandNuisance Buildings Code Enforcement Program. 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. ORDER The Saint Paul City Council hereby makes the following order: �s-y� � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1. The above referenced interested ar 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 rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance wiffi 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 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 the Ciry of Saint Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take whatever steps are necessary to demolish and remove this structure, £�ll the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul L.egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fixtures of any kind which interfere with the demolition and removal shail be removed from the propeny by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ardered, that a copy of this resolution be mailed to the owners and interested parties in accardance with Chapter 45 of the Saint Paul L.egislative Code. Requested by Department of: BY� �.L-fl�� I�IZQ�-� Form Approved by City Attorney By: 6°-.n� 1��� ��'�'S`/ B �" v pproved by Mayor for Submission to Approved by M r ate �,!� .��/ Council ���� By: ,�i�2�2��Z�G�� By: Adopted by Council: Date � ' . y Adoption Certified by Counci Secretary q5-4�- DEPARTMENLOFFICE/COUNCIL DATEINITIATED N 19144 - P���� Health 12-0 -94 GREEN SHEET INITIAVDATE INITIAVDATE CONTAGT PERSON & PHONE DEPAHTMENT DIRE CIN CAUNCIL Charles Votel 298-4153 Q ASSIGN fiYATTORNEV �CIiYCLERK MUST BE ON CqUNCILAGENDA BY (DATE) ppUTINGFOR gUDGEf DIRECTOR O FIN. & MGT. SERVICES DIR. January 11, 1995 OflDER MAVOR(ORASSI5iAN"n � TOTAL # OF S�GNATURE PAGES (CLIP ALL LOCATIONS POR SIGNATURE) ACTION flEQUESTED: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 35 Geranium Avenue West. RECAMMENDATIONS: Apprwe (A) or Peject (F) PERSONA� SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CNIL SEflVICE COMMISSION �� Has this person/firm ever worked under a contract for this department? _ CIB COMMITTEE YES NO — 2. Has this persOn/firm ever been a city employee? _ S7t�F — YES NO _ olSiaiCr COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNQL O&IECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPOFTUNITY (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 35 Geranium Avenue West by November 23, 1994, and have failed to comply with those orders. ADVANTAGESIFAPPROVE�' The City will eliminate a nuisance. �.�v��� �` � ��°!� 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 taxes. w � .��;� �* �'�� �C F1'd�a'e8;i5. t &=„�,7- �� � 2 � i9�4 DJSAOVANTAGES IF NOTAPPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTALAMOUNTOFTRANSACTION$ $3,000 - $5,000 COST/REVENUEBUDGETEp(CIRCLEONE) YES NO Nuisance Housing Abatement 33261 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION� (EXPLAIN) �5-ya. LEGISLA'I`IVE HEARINGS January 3, 1995 Gerry Strathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the referenced building, located at 15 Acker Street West. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends approval 2. Resolution ordering the owner to remove or repair the referenced building, located at 675 Cook Avenue East. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends approval 3. Resolution ordering the owner to remove or repair the referenced building, located at 484 Edmund Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends allowing the owner 180 days to complete the rehabilitation, contingent on their obtaining the appropriate bonds before the January II Council meeting (July 18, 1995) �4. Resolution ordering the owner to remove or repair the referenced building, located at 35 Geranium Avenue West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Of#icer recommends approval �. Resolution ordering the owner to remove or repair the referenced building, located at 475 Whitail Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the buiiding. Legislative Hearing Officer recommends approval and requested that Chuck Votel notify the new owner of this action. 6. Resolution ordering the owner to remove or repair the referenced building, located at 944 Woodbridge Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends allowing the new owner 180 days to complete the rehabilitation (July 18, 1995) CTTI' OF SAINI' PAUL Norm Coleman, Mayor December 9, 1994 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council li�''��r i v ,�.�Th Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance buildin�(s) located at: 35 Geranium Avenue West The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, January 3, 1995 City Council Hearing - R'ednesday, January 11, 1995 The owners and responsible parties of record are: Name and Last Known Address Thomas F. Milier Herbert, Welch, Humphreys & Grindberg P.A. 20 North L.ake Street Ste 301 Forest Lake, MN 55025 Interest Administrator of Estate Linda Posey 260 Erie Street St. Paul, MN 55102 The legal description of this property is: SAINT PAUL PUBLIC HEALTH /�+ _, 1�, Neaf Nalt¢rt, M.D., M.P.H.. Direcror �1 5 "� NUISANCE BGIIDINGS CODE 612-298-4I53 EhPORCEMEhT 555 Cedar Streei Saint Paul, MN 55101-2260 �°a`.:=i,-_ :_:.:-_ '_ _�, .T. Next of kin Lot 26, Block 4, Stinson's Rice Street Addition to the City of St. Paul, Minn. qs-y� 35 Geranium Avenue West December 9, 1994 Page 2 City of Saint Paul Public Health has declared this buildin�(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Public Health 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 buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blightin� influence of this property. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a tunely manner, and failin; that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, . � f � �"� (��� Charles A. Votel Program Supervisor Housin� Code Enforcement Programs Saint Paul Public Health CAV:mI cc: Jan Gasterland, Building Inspection and Design Peter Warner, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division O1-93 SAWC PAUL PUBLIC HEALTH Nea[ Holwn, M.D., M.P.K, Director C;1T'Y OF SAINT PAUL Norm Coteman, Mayor October 24, 1994 NUISANCE BUILDINGS CODE ENFORCEMEiVI SSS Cedar Street Sen� Paul, MN55101-2260 612-298-4I53 °I$-ya- Order to Abate Nuisance Building(s) Thomas F. Miller r a �� , Herbert, Welch, Humphreys & Grindberg, P.A. ` ���'' � 20 North Lake Street Suite 301 ;, ,, J � Forest Take, MN 55025 Dear Sir or Madam: The Vacant/Nuisance Buildings Code Enforcernent Unit of Saint Paul Public Health hereby declares the premises located at: 35 Geranium Avenue West and legally described as follows, to wit: Stinson's Rice Street Addition To The City of St. Paul, Minn. Lot 26 Blk 4 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 October 13, 1994, a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of de�ciencies is not necessarily all the de�ciencies present at this time. As f'u�st remedial action, a Code Compliance Inspection must be obtained from the Building Inspection and Design Section, 350 St. Peter Street Suite 320, Lowry Professional Building (612)266-9001. That inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a two thousand dollar ($2,000.00) performance bond with the Building Inspection and Design Office before any permits are issued, except for a demolition permit. qs-y�- 35 Geranium Avenue West October 24, 1994 Page 2 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. This is a one story, wood frame dwelling. Facterior - South 1. The front concrete walk from the street to the sidewalk is cracked, buckled, setfled and there is vegetation growing through the cracks. 2. On the front of the dwelling all wood surfaces aze cracked and have peeled paint. 3. The eaves and soffit have gaps and holes in the boards. 4. The roofing material is aged, rotted and weathered. 5. The chimney is cracked, the mortar is crumbled and broken. 6. The exposed wood surfaces are rotted, weathered and have cracked and peeled paint. Earterior - West 7. Ail the wood surfaces have cracked and peeled paint. 8. The eaves and soffit aze cracked with peeled paint and have gaps in the boards. 9. The window trim has cracked and peeled paint. Ea2erior - East 10. There is cracked and peeled paint on the wood trim and siding. 11. There is a large piece of plywood over the window. 12. The eaves and soffit have gaps in the boards with cracked and peeled paint, the exposed wood surfaces are rotted. 13. There is cracked and peeled paint on the window trim. � 5 -y�-- 35 Geranium Avenue West October 24, 1994 Page 3 F.Yterior - North 14. The eaves and soffit are cracked and have peeled paint. 15. The roof overhang is leaning. 16. The gutter downspout system is dysfunctional and improperly pitched. 17. The door to the attached, screened, wood porch in the rear is ill-fitting and has cracked and peeled paint. 18. The wood surfaces have rotted and dilapidated wood. Garage 19. The garage has cracked and peeled paint. 20. The eaves and soffit have gaps in the boards and the wood. 21. The window and trim are ill-fitting. 22. A panel is missing from the garage service door. 23. There is a window boarded on the west side of the garage. 24. The walls of the gazage are buckled and bowed. Interior Entryway 25. The rear entry door dead bolt lock is missing. 26. There are cabinets in the entryway and the cabinets are leaning and pulled away from the walls. 27. The walls are water damaged, soiled and dirty. 28. The linoleum is ripped and torn, and the floor is buckled, warped and not impervious to water. 29. The wood trim around the windows has cracked and peeled paint. qs-y�- 35 Geranium Avenue West October 24, 1994 Page 4 Kitchen 30. The kitchen walls are panelled, the panelling is buckled, warped, soiled and dirty. 31. The wood him on the doors is ill-fitting and has cracked and peeled paint. 32. The ldtchen cabinets are ill-fitting and pulled away from the walls. They are soiled and the hardwaze is missing. 33. The floor slopes and is water damaged. 34. The linoleum is buckled, wavy, soiled and dirty. 35. The gas line to the stove is uncapped. 36. The ceiling is water damaged, sagging and buckled. 37. The ldtchen sink is not properly vented. 38. The kitchen lacks a proper G.F.C.I. ouflet near the sink. 39. There is water damage along the floor baseboard. 40. The water heater is not properly vented. 41. The vent pipe is conoded. Note: The inspectors were unable to inspect the heating plant. 42. The closet walls are water damaged, and there is loose, peeled and flaking paint. Note: There is evidence of mice feces in furnace room and closet. 43. There is illegal electrical wiring running from the outlet of the closet. Living Room 44, The floor boards are buckled and wavy. 45, The carpeting is not properly attached and is soiled and dirty. 46. The walls are panelled over and the panelling is buckled and wavy. � s-ti �- 35 Geranium Avenue West October 24, 1994 Page 5 47. The door framing is unfinished. 48. The duct work grate is missing. 49. The ceiling tiles are buckled and wavy. There are open and exposed electrical wires in the ceiling. 50. This room lacks proper electrical outlets, and the e�sting outlets aze not to code. 51. The cioset interior walls aze cracked, buckled and wavy. 52. There are exposed and open uncapped water lines. Center Room 53. The floor covering is soIled and dirty, the subflooring is buckled and wavy. 54. The walls are panelled and not properly installed. 55. The ceiling has cracked plaster, and is sagging and bowing. 56. There are improper electrical outlets along the baseboard area. Bathroom 57. The walls and ceiling are soiled and dirty. 58. The floor is sagging and not impervious to water. 59. The carpeting is not to code. 60. There is no G.F.C.I. outlet near the handsink. 61. The handsink is not properly vented. Bedroom 62. The floor covering is not properly attached. 63. The walls and ceiling are soiled and dirty. q 5-y �-- 35 Geranium Avenue West October 24, 1994 Page 6 As owner, agent or responsible parCy, you are hereby notified that if these deficiencies and the resulting nuisance condition is not cosected by November 23, 1994 the City of Saint Paul, Public Health 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 taces as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained f om the Building Inspection and Design Section, 350 St. Peter Street Suite 320, Lowry Professional Building (612)266-9001. This inspection will identify specific defects, necessary repaizs and legal requirements to conect this nuisance condition. 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 condifion", subject to demolition and removal by the City. This placard shall not be removed without the written authority of Public Health. Public Health 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 th� 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 wili be heazd 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. o� 5 -y a- 35 Geranium Avenue West October 24, 1994 Page 7 If you have any questions or request additional information please contact T. Gove between the hours of 8:00 and 9:30 a.m. at(612) 298-4153. S' ,rely, � '^� �: -�. _.;_ � r �Z�°� i F Charles A. Votel Program Supervisor Housing Code Enforcement Programs Saint Paul Public Health CAV:mI cc: Nancy Anderson - Council Research Dan Pahl - PED Housing Oi-93