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96-372�, .-..� : .-, , o � — " � Council File # ��.3�� Green Sheet # 3 3� RESOLUTION �INj PAUL, MIfjINESOTA Presented Referred To Committee: Date � WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two- story, wood frame dwelling and one-vehicle wood frame garage located on property hereinafter refened to as the "Subject Property" and commonly known as 862 Galtier Street. This property is legaily described as follows, to wit: L,ots 23, and 24, Block 13 of Blocks 7, 8, 9, 10, 11, 12, 13, 14, and 15, Lewis Second Addition to Saint Paul, Minnesota. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or before February 9, 1996, the following are the now known interested or responsible parties for the Subject Property: James D. Catlin, HCR 3 Box 522 A, McGregor, MN 55760; First Nationwide Mortgage Corp., P.O. Box 9481, Gaithesburg, MD 20898-9481, Re: L,oan # 661552; Northwest L,egal Services P.A., Robert� Mitschi, 555 Capital Centre, 385 N. Wabasha Street, St. Paul, Mn 55102; 7ames D. Catlim��0. Box 465, McGregor, MN 55760-0465; First American, 2401 W. Hassell Rd. #1510, Hoffinan Estates, IL 60195-2001, Loan #661552. WHEREAS, Saint Paul Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I,egislarive Code an order identified as an "Order to Abate Nuisance Building(s)" dated February 6, 1996; 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 Much 7, 1996; 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 WHEREA5, this nuisance condition has not been corrected and Saint Paul Public Health requested that the City Clerk schedule public hearings before the L,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 time, date, place and putpose of the public hearings; and •—�. f e i'�� Rl.� j ? _ .� .- _. ti ,._.. °l�-3��- WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul Ciry Councii on Tuesday, April 2, 1996 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 safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with ail 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 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, April 10, 1996 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BB IT RESOLVED, that based upon the testunony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the foliowing Findings and Order concerning the Subject Property at 862 Galtier Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed 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 known responsibie parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been conected. 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 VacanUNuisance 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 Ck�apter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: �� f � � ��' � � y 3 � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 °i�-3 �� 1. 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 rehabilitating this structure and correcting a11 deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordazice with all applicable codes and ordinances, or in the alternative by demoliskung 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 acuon is not completed within this period of tune the City of Saint Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fili the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. 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 shali be considered to be abandoned and the City of Saint Paui shall remove and dispose of such properiy as provided by law. 4. 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. Requested by Department oE: . Adopted by Council: Date , ` � Form Approv by City Attorney Adoption Certified by Council Secretary �� B �,. �� ,��( By Approved by Mayor for Submission to q C -3 � �--� DEPARTMENT/OFFICE NCIL DATE INIifATED O �� Aealth 03-0 -96 GREEN SHEET �- 33887 INITIAL/DATE INRIAIJDATE COMACT PEflSON & PHONE OEPAKiMENT D�RECTOR CRY COUNCiI Charles Votel 298-4153 �-( � m iiy � cm nnoRNer ./� j cm c�K MUST BE ON COUNpL AGENDA BY (DAT� NUYBFA FOR O gUDGEf DIREGTOR O FIN. 8 MGT. SERVICES DIR, ROVfING April 10, 1996 °PD ��'OR(ORASSISTAPfT) � TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) AGT10N REQUESTED: City Council to pass this resolution which will order the owneris) to remove or repair the referenced building(s). 2f the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 862 Galtier Street. RFCOMMENOAiIONS: Approve (A) ar Rejan (fi) pEHSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOW�NCa QUESTIONS: _ PLANNING CAMMISS10T1 _ qVK SERVICE COMM5S550N �- ��`+ S�rSO�fin ever workEd urtder a WMrACt for tltis de _ qB COMMITTEE YES �NO _ S7AFF 2. Has thi5 persoNfirm ever been a ciry employee? � g ��5 — YES No MAR _ DISTRIC7 COURT — 3. Does this personRirtn ssess a skill not normall ossessed po y p by any curtent city employee? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO ��g OFF1Cf Explain all yes answers on separate sheet antl ettaoh to gre INITIATING PROBLEM, ISSUE.OPPORTUNITV (NTO, Whaq Ytlhen, Where, Wtiy): ' , 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 Ghe building at 862 Galtier Street by March 7, 1996, and have failed to comply with those orders. A�VANTAGES IF APPRQYED: The City will eliminate a nuisance. �qEC��6� aa �RAR 12 1�9� ��°Y TT� NEY DISADVANTACaES IPAPPROVED: 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. `{'a"�c: .'3 _ ?c _ �. ,..n.,�, .. . .. , ., e.. � �: ili ' ,._�✓i DISADVANTAOES IF NOT APPROVED' A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. T07AL AMOUNT OF THANSACTION $ COST/fiEVENUE BUDGETED (CIfiCLE ONE) VES NO FUNDIHG SOUHCE y�' u � n,g nh r nt ACTIVITY NUMBEH ��261 FINANCIALINFORMATION:(EXPLAIN) ' °i�-3��- REPORT Date: Apri12, 1996 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer ( 1. �esolution ordering the owner to remove or repair the referenced building, located at 62 ��Galtier Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (Laid over from the March 19, 1996 Legislative Hearing): 622 Aurora Avenue (79513BB) 1554 Almond Avenue (J9513BB and J9603AAA) 703 Wells Street (J9512CC) Legislative Hearing Of6cer recommended approval. 3. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following: J9603B--Boarding up of vacant buildings for September, 1995 J9513B--Boarding up of vacant buildings for October, 1995 J9604A--Property clean up, snow removal and/or sanding walks from mid-October to January 5, 1996 Legislative Hearing Officer recommended approval with the following exceptions: 81 S. Cleveland (J9604A) laid over to Aprii 16, 1996 I.egislative Hearing 301 Dayton Avenue (J9604A) laid over to April 16, 1996 L.egislative Hearing 224 Bates Avenue (J9604B) laid over to April 16, 1996 Legislative Hearing Property at Prosperity and Barclay, PIN #222922340024, (J9604A) approve and spread payments over five years SAINT PAUL PUBLIC HEALTH Neai Xoltan. MD., MP.H., D'rrecto� CITY OF SAINT PAUL NUISAVCE BG/LDINGS CODE i Norm Coleman, Mayor FSiFORC£ME�T �,, _ 555 Cedar Sveet ' Sain� Pau{ I�L'V 5510/-1?60 i March 8, 1996 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council �c-��. 6/2-298-d753 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 building(s) located at: 862 Galtier Street The City Council has scheduled the date of these heazings as follows: Legislative Hearing - Tuesday, April 2, 1996 City Council Hearing - Wednesday, April 10, 1996 The owners and responsible parties of record are: Name and Last Known Address James D. Catlin HCR 3 Box 522 A McGregor, MN 55760 First Nationwide MoRgage Corp. P.O. Box 9481 Gaithesburg, MD 20898-9481 Re: Loan # 661552 Northwest Legal Services P.A. Robert F. Mitschi 555 Capital Centre 385 N. Wabasha Street St. Paul, Mn 55102 Interest Previous Fee Owner Mortgagee Foreclosure Attomeys 9G-�'''' 862 Galtier Street Mazch 8, 1996 Page 2 James D. Catlin Jr. Fee Owner P.O. Box 465 McGregor, MN 55760-0465 First American Mortgagee 2401 W. Hassell Rd. #1510 Hoffman Estates, IL 60195-2001 Loan #661552 The legal description of this property is: Lots 23 and 24, Block 13 of Blocks 7, 8, 9, 10, 11, 12, 13, 14, and 15, Lewis Second Addition to Saint Paui, Minnesota. City of Saint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative 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 building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Aealth that the Ciry Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize Pubiic 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. S' ` ely, � /� ��1 Charles A. Votei Program Supervisor Code Enforcement Programs Saint Paui Public Health CAV:mI cc: Jan Gasterland, Building Inspection and Design Philip Miller, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Mazshall Dan Pahl, PED-Housing Division � �-3�I � MINUTES OF LEGISLATIVE HEARING Aprii 2, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; 7ohn Betz, Public Health; Roxanna Flink, Real Estate Kathy Ries, Real Estate Gerry Strathman, I.egislative Heazing Officer, called the meeting to order at 10:05 a.m. 1. Resolution ordering the owner to remove or repair the referenced building, located at 862 Galtier Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. No one appeared; recoznmendation was for approval. 2. Resolution ratifying assessment of benefits, costs and expenses for sunmiary abatements for the following (Laid over fzom the March 19, 1996 L.egislative Hearing): 1554 Almond Avenue (J9513BB and J9603AAA) 622 Aurora Avenue (J9513BB) 703 Wells Street (J9512CC) 1554 Almond Avenue No one appeared; recommendation was for approval. 622 Aurora Avenue No one appeazed; recommendation was for approval. 703 Wells Street Chuck Votel, Public Health, reviewed the staff report. Mariy Evenson, property owner, appeared and stated that the original order he received was a summary abatement to repair the garage. He believed that the primary abatement issue was that the garage did not have a foundation. He did not believe the garage was a nuisance and should not have been demolished by the city. He believed that the acflon taken by the ciry violated his constitutional rights and, therefore, he did not believe there should have been an assessment to the property and requested compensation aceordingly. Gerry Stratlunan, L.egislative Hearing Officer, stated that the Council ordered demolition of the garage if it was not repaired within a certain timeframe. He recomnnended approval of the assessment. 9 s. —3�7 a— Minutes of L.egislative Hearing April 2, 1996 Page - 2 - 3. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following: J9603B--Boarding up of vacant buildings for September, 1995 74604B—Boarding up of vacant buildings for October, 1495 J9604A—Property clean up, snow removal and/or sanding walks from mid-October to Januaty 5, 1996 597 Bidwell Street No one appeared; recommendation was for approval. 875 Cook Avenue E. 7ohn Betz, Public Health, reviewed the staff report and showed a video tape of the property. Bruce and Tamara Konold, property owners appeared and stated that they had not been notified by the ciry that the work had been done. To their knowledge, the tenant had taken care of clearing and sanding the sidewalk. They had received several abatement notices after that time and would have made sure that the sidewalk was being cleared after each snowfall. Mr. Strathman recommended approval of the assessment. 596 Desnoyer Avenue No one appeared; recommendation was for approval. 1134 Earl Street No one appeared; recommendation was for approval. 1311 Thomas Avenue Mr. Votel reviewed the stafF report. Patrice Eckert, property owner, appeared and stated that she had made arrangements with a private contractor to have the refrigerator removed, however, they would not be able to pick it up until a few days after it was ordered to be removed. She had contacted Public Health and requested an extension of time, however, the message was not received and Public Health removed the refrigerator. Mr. Strathman recommended reducing the assessment to $40. Roxanna Flink, Real Estate, siated that this assessment had been ratified by the Ciry Council at the March 27, 1996 meeting. She recomtnended Public Health draft a letter instructing a reduction in the assessment Minutes of Legislative Hearing April 2, 1996 Page - 3 - and she would draft a resolution for Council approval to reduce the assessment. °� �- 3 � a-- Mr. Betz requested that the properry at Prosperiry and Barclay, PIN #222922340024, have the payments spread out over five yeazs. He also requested the following properties be laid over to the April 16, 1996 Legislative Hearing: 81 S. Cleveland, 301 Dayton Avenue and 224 Bates Avenue. Mr. Strathman recouunended approval. Meeting adjourned at 10:35 a.m. Gerry Strathman, I.egislative Hearing Officer