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96-427-� � . � ., � � 4 s ' � � Presented By Referred To Committee: Date WHEREAS, Saint Paul Public Aealth 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, wood frame dwelling located on property hereinafter refened to as the "Subject Property" and commonly known as 1554 Almond Avenue. This property is legally described as foilows, to wit: Lot 9, Block 6, Lake Park Addition to St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paui Public Health on or before February 23, 1996, the following are the now known interested or responsible parties for the Subject Property: John Palmer Dumas, c/o Jeanette P. Dumas, 1893 Marshall Avenue, St. Paul, MN 55104-5902; FBS Mortgage, 1010 South Seventh Street, Mpls., MN 55415-1749; Beneficial Loan & Thrift Co., 8750 Lyndale Avenue South, Bloomington, MN 55420; First Bank N.A., 332 Minnesota Street, St. Paul, MN 55101, Attn: I,egal Dept. WHEREAS, Saint Paul Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated February 21, 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 March 22, 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 demolitlon; and WAEREAS, this nuisance condition has not been corrected and Saint Paul Public Health requested that the City Clerk schedule public hearings before the Legisiative Hearing Officer of the City Council and the Saint Paul City Council; and Council File # � « Green Sheet # 3 3 g � RESOLUTION CITY OF SAtNT PAItL, MIt3NESOTA 3 � L T 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 � � � �' � � : n s=s ;4 4 . e G f �! � � `: f "� � �G-�a7 WHEREAS, a hearing was held before the I.egisiative Hearing Officer of the Saint Paul Ciry Council on Tuesday, Aprii 16, 1996 to heaz 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 detrunental to the public peace, heaith, safety and welfare and remove its blighring influence on the communiry 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 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, April 24, 1996 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 1554 Almond Avenue: 1. That the Subject Property comprises a nuisance condition as deflned in Saint Paul L,egislative Code, Chapter 45. 2. That the costs of demolition and removal of Chis 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 Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the 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 Vacant/Nuisance 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: ` �, , � - i @ A. i ! ' 1 � ' � ? �.. � .�:-�,� q�-ya� 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safery 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 with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicabie 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 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, 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. 3. In the event the building is to be demolished and removed by the City of Saint Pau1, 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 ume 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 b}� 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 L,egislative Code. Requested by Department of: Adopted by Council: Date �q� � Adoption Certified by Council Sec tary BY � }--� i Approved by Mayor: Date � � �6 By: 7 " , � ` '�2'�'�" W B 1�i�.� ��-�- Form Approved by City Attorney f �X.�.X..P L'VI�D 3�zx/76 By �' Approved by Mayor for Submission to Council By :����� ..�����`""��' a� - �+ a-� � DEPAqTMENT/OFFICE/COUNCIL �ATE INITIATED '�j � 3,3 8 8 9 ���� Health 3-2 -96 GREEN SHEET __ . _ INIT7AVDATE MfT1AUDA7E CONTACTPERSON&PHONE DEPApTMENTDIRECfOR CRYCAUNCIL Charles Votel 298-4153 � ,�y�N cmnrroaNer ^'l ZX96 �cinc�RK MUST BE ON CAUNCIL AGENDA BY (DATE� p0�� FOp BUDGET DIRECTO � FIN. & MGT. SERYICES �IR. April 24, 1996 ORDER MAYOR(ORASSISfANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UES7ED: 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 1554 Almond Avenue. RECOMMEPtDAT10NS:App`we(A)rnReject(R) pERSONALSERVICECONTRACTSMUSTANSWERTXEFOLLOWiNG�UESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ever worked under a contract for Mis departme9�..1t!'fE�°4! __ CIB COMMfTTEE _ YES NO �'�aLS4etd _ S7aFF 2• Has this person/firm ever been a ciry employee? — YES No - MAR Z g 1996 — ��STR�CS CAUAT — 3. Does this person/firm possess a skill no[ normally possessed by any curcent ciry emplqea? SUPPORTSWHICHCOUNGILO&IEC77VE? YES NO A � pt/ �� • � nn ��� Explain ell yes answers on sepflrate sheet antl altaeh W gr8��8�Na§t 4' � v ... lNITIATING PROBLEM, ISSUE, OPPORiUNtN (Wlro. 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 1554 Almond Avenue by March 22, 1996, and have failed to comply with those orders. AOVANTAGESIFAPPROVEP: �`�� ��" � �- ��� The City will eliminate a nuisance. � �� i��� e>�,.,a�,;" °s.,�,,g,���ba � �� �`s��� ' �4��:};.i� . .. , u '# � ,� � y �,� .',�`� � �E� �, s� � � .� � � � � � � �������� D�SADVANTAGES IFAPPROVED: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a epecial assessment against the property taxes. DISADVANTAGES IF NOTAPPROVED A nuisance condition wi11 remain unabated in the City. This building(s) will continue to blight the community. TOTAL AMOUNT OP TRANSACTION $ COST/HEVENUE BUDGETED (CIRCLE ONE) YES NO FUNOI(dGSOURCE pj��6a[3^e FIBI�S'3aJ 71�3�eFFFPIa-� ACTIVITYNUMBER ���g� FINANCIAL INFORMATION� (EXPLAIN) SAINT PAUL PUBLIC HEALTH Neal Ho/mn. M.D.. M.P.K. Ovecm� a�-�ta� CITY OF SAINT PAUL NUlSANCE BUILD/NGS CODE Norm Coleman, Mayor ENFORCEMEkT 535 Cedal Srreet Saint Pau� MU 55101-1160 i i March 22, 1996 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Legislative Hearing - Tuesday, April 16, 1996 City Council Hearing - Wednesday, � <;n.�z�� �--,n< , .. . �" , . a;w 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: 15�4 Almond Avenue The City Council has scheduled the date of these hearings as follows: The owners and responsible parties of record aze: Name and Last Known Address John Palmer Dumas c!o Jeanette P. Dumas 1893 Marshall Avenue St. Paul, MN 55104-5902 FBS Mortgage 1010 South Seventh Street Mpls., MN 55415-1749 Beneficial Loan & Thrifr Co. 8750 Lyndale Avenue South Bloomington, MN 55420 First Bank N.A. 332 Minnesota Street St. Paul, MN 55101 Interest Fee Owner Mortgagee Mortgagee Mortgagee 612-298-4153 �t;_, ..: i� �, . - -."� q �-� a � 1554 Almond Avenue Mazch 22, 1996 Page 2 The legal description of this property is: Lot 9, Block 6, Lake Pazk Addition to St. Paul. City of Saint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legisiative Code, Chapter 4�. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting 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. lt is the recommendation of Pubiic Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buiiding in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a speciai assessment to be collected in the same manner as taxes. Sincerely, � �� Chazles A. Votel Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV:mI cc: Jan Gasterland, Building Inspection and Design Philip Miller, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Mazshall Dan Pahl, PED-Housing Division 9�-��� Report April 16, 1996 Page-2- � Resolution ordering the owner to remove or repair the referenced building, located at 1554 Almond Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Heaziug Officer recommended approval. 6. Resolution ordering the owner to remove or repair the referenced building, located at 826 Pavne Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended lay over to June 18, 1996 Legislative Hearing. 7. Resolution ordering the owner to remove or repair the referenced building, located at 682 Fuller Avenue. If the owner fails to comply with the resolu6on, Public Health is ordered to remove the building. Legislative Hearing Officer recommended the owner be granted six months to repair the building if a code compliance inspection is completed, a$2,000 bond is posted and the appropriate permits are obtained by Wednesday, Apri124, 1996. 9�-ya� MIlVUTFS OF LEGISLAI'IVE HEARING April 16, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Estate Kathy Ries, Real Estate Gerzy Strathman, I.�gislative Hearing Officer, called the meeting to order at 10:05 a.m, 1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (Laid over from the Apri12, 1996 Legislative Hearing): $1 S. Cieveland Guy Williu, Pubiic Health, stated that the tenant at this property had contacted his o�ce and requested an additional lay over of this matter. Gerry Strathman, Legislative Hearing Officer, denied the request for an additional lay over and recommended approval of the assessment. 301 Davton Avenne Neil Scott, property owner, appeared and stated that he had received a notice to remove two refrigerators from his properry. He had made arrangemenu with NSP to pick up the refrigerators, however, Public Health requested that the refrigerators be removed prior to when NSP could pick them up. He then made arrangements with a refuse hauler to pick up the refrigerators the next day. He left a message with the inspector that the refrigerators would be picked up the next morning and that if this was not acceptable, to please let him l�ow. The inspector never returned his call and Public Health removed the refrigerators that day. They also removed a stove which was not part of the order for removal and he contested them taking the stove. Mr. Votel reviewed the staff report and showed a video of the properry. Mr. Strathman recommended reducing the assessment to $4Q. 224 Bates Avenue Chuck Votel, Public Health, stated that this was an emergency boarding issued by the police to have the building secured. Public Fiealth failed to notify the property owner of the pending assessment after the boarding. He requested the assessment be deleted. Mr. Strathman recoznmended deleting ffie assessment. 2. Resolution raufying assessment of benefiu, costs and expenses for summary abatements for the following (referred by Council on Aprii 10, 1996 to Legislauve Heazing): I.egislative Hearing April 16, I996 Page - 2 - 2199 E. Minnehaha Aaenue Mr. Votel reviewed the staff report and showed a video tape of the properry. The properiy owner did not appear, however, the interpreter was present to communicate on behalf of the owner. Recommendation was for approval of the assessment. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following: J96041B—Boazding up of vacant buildings for November, 1995 796042B—Boarding up of vacant buildings for December, 1995 79604C—Demolition of vacant buiidings for 7anuary, 1996 1520 Canfield Avenue No one appeared; recommendation was for approval. 63 Front Avenue No one appeared; recommendation was for approva(. 1980 W. Seventh Street Mr. Willits reviewed the staff report and showed a video of the properry. Margazet Pena, resident property manager of the aparhnent complex, appeared and stated she 1tad received an order to clear and widett the sidewalk from snow. She immediately contacted the person in charge of maintenance and he went out and cleared the sidewalk. The problem she had encountered is that when the plows went by, they threw snaw and ice back on to the already cleared sidewatk. Mr. Strathman rec�uested to review the video of the properiy again. It was lus conclusion that the snow which was removed from the sidewalk was nof new snow as the streets were clear from any snow and it appeared that there was only a narrow path for pedestrians to walk throuah on the sidewalk. He recommended approval of the assessment. Roxanna Fiink, Real Estate, stated that this assessment had been ratified by the City CounciI on April 10, 1996. 1478 Sherbnrne Avenue Mr. Votel stated that this was an emergency boarding issued by the police to have the buiiding secured. Public Health failed to notify the property owner of the pending assessment afrer the boarding. He requested the assessment be deleted. q`-y a�1 Legisiative Hearing April 16, 1996 Page - 3 - Mr. 5trathman recommended deleting the assessment. 4. Resolution ordering the owner to remove or repair the referenced building, located at $7 King Street East. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The owner had posted a bond and had a code compliance inspection completed. There was concem that the owner was conducting a business in the building and an order to vacate was issued to cease any operation of a business in this building. Dan Diebel and Clint Raabe, property owners, appeared and stated that it was their intention to continue repairing the building with a completion date of September 14, 1996. He pointed out that the building was not presenfly occupied. He was concemed, however, with the proposed cost to repair the building estimated by Public Health. Mr. Votel stated that the estimate to repair the building was an inconclusive figure estimated by the inspector. Mr. Strathman recommended that the owner be allowed to continue with the repairs to the building to be completed by September 14, 1996. Resolution ordering the owner to remove or repair the referenced building, located at 1554 Almond Avenue. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the buiiding. Mr. Votel reviewed the staff report. No one appeared; recommendation was for approval. 6. Resolution ordering the owner to remove or repair the referenced building, located at 82 Pa ne Avenue. If the owner fails to comply with the resolu6on, Public Aealth is ordered to remove the building. Mr. Votel reviewed the staff report. The building was a large commercial building which had been vacant since 1992. The cunent properry owner was the State of Minnesota Trust Exempt. The building had been a problem in the neighborhood and he recommended demolition. Brett Iarson, Ramsey County Tax Forfeited Properties, appeared and stated that the property wouid be placed for auction in 7une, 1996. There currently were four parties interested in purchasing the buiiding. He requested that the building not be demolished. Mr. Strathman questioned whether the building was secure. Mr. Larson responded that he was recently made aware that there was a hole in one of the doors which he planned to have boarded immediately. Kim Hunter, East Side Neighborhood Development Corporation and Payne Arcade Business Association, appeared and stated that the neighborhood had been dealing with this blighted buiiding for quite some time and it was their request to have the building demolished to make way for new construction. They were I.egislative Hearing April 16, 1496 Page - 4 - concemed the building would be reused as an inappropriate use for this neighborhood. She also pointed out that the building was easily accessible and transients had lived in the building, juvenile crime was prevalent and it had been an uverall prohlem in the neighborhood. Mr. Sixatfiman stated that he could understand the concerns of the neighborhood, however, demolition of the building wouid create a loss to the taxpayers since there were potential buyers interested in purchasing the buiIding. He reeommended this matter be 2aid over to the June 18, 1946 Legislative Hearing. 7. Resolution ordering the owner to remove or repair the referenced building, located aY 2 uller Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The building had been condemned since 7uly, 1993. A code compiiance had been done on the properiy in September, 1993 and in January, 1994 a permit was issued to make repairs to the building, however, that permit had expired. Ken Cobb, property owner, appeared and stated that his father had owned the building and was now deceased. His intention was to repair the building. Mr. Strathman stated that he would grant a six month extension to repair the building if he posted a$2,000 bond, had a code compliance inspection completed and obtained the necessary permits by the Council meeting on Wednesday, Apri124, 1996. Mr. Votel requested that the property at 833 Selby Avenue be laid over to the May 7, 1996 Legislative Hearing. Mr. Strathman recommended Iay over. Meeting adjourned at 11:05 a.m. Legislative I�earing Officer