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96-653�MrcNO cr'O - G 1\a�q6 n ��A� :� R Council File # �� Green Sheet # �� 7 ` RESOLUTION ITY F SAINT PAUL, MINNESOTA �3 Presented By � Referred To Committee: Date WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings to consider the advisability and necessiry of ordering the repair or wrecking and removal of a one and one-half story, wood frame dweliing and a single stall, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly known as 970 James Avenue. This property is legally described as follows, to wit: Lot 13, Block 12, Michel and Robertson's Addition. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or before April 9, 1996, the following are the now known interested or responsible parties for the Snbject Property: Michael R O'Donnell, 4930 Penn Avenue South, Mpis., MN 55410; Donald H. Hoover, 6225 Sheridan Avenue South, Richfield, MN 55423; GMAC Mortgage, 3451 Hammond Avenue, Waterloo, IA 50704; Columbia Mortgage, 1010 South Seventh Street, Mpls., MN 55415-1749, re: Michael R. O'Donnell & Donald H. Hoover. WHEREAS, Saint Paul Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an arder identified as an "Order to Abate Nuisance Building(s)" dated Apxil 3, 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) pursuantto 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 May 3, 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 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health requested that the Ciry 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 Legislative Code, of the time, date, place and purpose of the public hearings; and q�-�s3- WHEREAS, a hearing was held before the I.egislative Hearing Officer of the Saint Paui City Council on Tuesday, June 4, 1996 to hear testunony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make tt�e Subject Properry safe and not detrimentai 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 alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation e� � of the structure to be completed within€rfteex-(� days after the date of the Council He3T1Il ��, �I1d �ewa.tivwav�2: M L�to - V�Yev�a 4. ��,OOO pe�c4�rrn�r+e�.ban� 1t P�s}a.� 4r� peY�'�":�'e ar� ok+ai W , a eann was eld before the Saint Paul City Council on Wednesday, June 12, 1996 and the testunony and evidence including the action taken by the L,egislative 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 Paui City Council hereby adopts the following Findings and Order concerning the Subject Property at 970 James Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul L,egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estnnated 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 condirion 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: qG-CS3 � 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 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 applicable codes and ordinances. The rehabilitation e� '' 1 of the structure must be completed within €rftee�r{�3} da�s after the date of the Council Hearing. �oK l.�...dt. t�9h+� C�8o� �� 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 pursuantto 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 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. 4. It is further ardered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul I,egislative Code. Requested by Department of: BY� � �. ��, � Approved by Mayor: Date Z� BY: �- �� "_- [ Form Approved by City Attorney B J� /l�� b �xAr �6 Approved by Mayor for Submission to Council By: //�1,�� Adopted by Council: Date Adoption Certified by Counc Secretary 4�- GS3 OEPARTMENT/OFFICFJCOUNCIL DATE INRIATED p P,�� Health 05-1 -96 GREEN SHEET N_ 33951 INRIAUDATE � INRIAUDATE CONTACT PEFISON & PHONE • DEPARRAEM DIflECTOR CfiY CAUNGL Charles Votel 298-4153 /`� / p�N. rl�s 96 �u ASSIGN TYATTORNEY CRYCLEflK MU5T BE ON CAUNCILAGENDA BV (OA'f� MUYBFA POP UOGEf DIRECTOR O FIN. & MGT. SEfiVICES DIR. ROU7ING JllIlE 12 , 1996 OpO MAYOR (OR ASSISTAN7) O TOTAL # OF SIGNATURE PAGES �_ (CLIP ALL LOCATIONS FOR SIGNATUR� ACiION FEQUESTED: City Council to pass this resolution which will arder the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Public Aealth is ordered to remove the building. The subject property is located at 970 James Avenue. RECAMMENDA710N5: Approve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWEH TNE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE CAMMISSION 1. Has this persoru'firm ever worketl untler a coMrac[ for this tlepartment? _ q8 COMMRTEE _ �'ES �NO _ STAFF 2. Has this personffirtn ever been a ciTy employee? — YES NO _ DISTRIC7 COUR7 _ 3. Does this person/firm possess a skill not nortnally possessed by any curteM ciry employee? SUPPORTSWHICHCOUNCILOBJECTIVE4 YES NO Explafn all yes anawers on separate aheet and etteeh to green sheet INITIATING PROBLEM, ISSUE, OPPEIRTUNITY (Who, What, When, Where. Why �, This building(s)' is a nuisance buil�ing(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 970 James Avenue by May 3, 1996, and have failed to comply with those orders. ECEIV�U ADVANTAGESIFAPPROVED: The City will eliminate a nuisance. � '�0 1996 �� yp�g OFFtCE f�riAY 14 199& �� `�� Y DISADVANTAGESIFAPPROVED 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. ��it��{ �i�l ;.,. �P?` �i�� i�� DISADVANTAGES IF NOTAPPflOVED: A nuisance condition will remain unabated in the City. This building(s,.) will continue to blight the community. TOTALAMOUNTOFTRANSACTION$ $4,000 - $6,000 COST/HEVENUEBUDGETED(CIHCLEONE) YE NO Nuisance Housing Abatement 33261 FUNDIfdG SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION� (EXPlA1N) Legislarive Hearing Report June 4, 1996 Page - 2 - �i � -GS3 6. Resolution ordering the owner to remove or repair the referenced building, located at 654 Thomas Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 7. Resolution ordering the owner to remove or repair the referenced building, located at 1056 Reanev Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 8. Resolution ordering the owner to remove or repair the referenced building, located at 970 7ames Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended that the resolution be amended to allow the owner 180 days to complete repairs to the building as a code compliance inspection had been completed, the $2,000 bond had been posted and building permits had been obtained. MINUTES OF LEGISLATIVE HEARING � `- `S3 June 4, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Heaith; Roxanna Flink, Real Fstate; Cathy Ries, Real Estate Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (I.aid over from May 7, 1996 Legislative Hearing): 854 Lawson Avenue Guy Willits, Public Health, reviewed the staff report and showed a video of the property. Jeff Rauschnot, property owner, appeared and stated that he was employed as a long-haul trucker during the winter and had rented his house to a friend during his absence. He was unaware that orders had been issued to clean the sidewalk of snow and ice. When he returned, he discovered that his friend had failed to maintain his house and properry and that this person was no longer living at his residence. He requested that he not be obligated to pay the assessment since he had no knowledge that he had zeceived the order. Mr. Suathman stated that since legal notice had been sent and the work had been done, he could not delete the assessment. He recommended approval. 1950 W. 7th Street No one appeared; recommendation was for approval. 2_ Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following: J9606B--Boarding up of vacant buildings for January, 1996 79606C--Demolition of vacant buildings for February, 1996 722 James Avenue No one appeared; recommendation was for approval. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1116 Mar�aret Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report. L,egislative Hearing Minutes June 4, 1996 Page-2- No one appeared; recommendation was for approval. 4. Resolution ordering the owner to remove or repair the referenced building, located at 40 Atwater Street. If the owner fails to comply with the resoluuon, Public Aealth is ordered to remove the building. Mr. Vote1 reviewed the staff report. The city had boazded the building and had issued eight summary abatement norices in the past and condemned the building in September, 1995. He stated that a code compliance inspection had been done on Apri123, 1996. Jim Geske, attomey representing Banker's Trust, appeared and stated that they had entered into a purchase agreement with Northern Homes to purchase the property. They planned to close on the property within the week. They were requesting that the new owner be given 90 days to repair the building. Mazk Mumane, representing Northem Homes, appeared and stated that it was their intention to purchase the property and have the repairs to the building completed within 90 days. Mr. Strathman recommended that the owner be granted 180 days to bring the building into compliance provided a$2,000 performance bond was posted and permits were obtained by Wednesday, June 12, 1996. 5. Resolution ordering the owner to remove or repair the referenced building, located at 674 Sims Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. 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 654 Thomas Avenue. If the owner fails to comply with the resolution, Public Aealth is ordered to remove the building. Mr. Votel reviewed the staff report. No one appeared; recommendation was for approval. 7. Resolution ordering the owner to remove or repair the referenced building, located at 1056 Reanev Avenue. If the owner fails to comply with the resolution, Public Aealth is ordered to remove the building. Mr. Votel reviewed the staff report. Edith Hilmes appeared and stated that the property was formerly her parents home and was sold in 1980. It was her desire to have her name removed from the tax records and allow the building to proceed with demolition. Legislative Hearing Minutes June 4, 1996 Page - 3 - ��-�� Mr. Votel read the names of the responsible parties of record and there was no indication that her name was included in tlus record. Mr. Strathman stated that he did not have the authority to clear issues of title. He then explained the process on the order for demolition and recommended approval. Resolution ordering the owner to remove or repair the referenced building, located at 970 James Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. In April, 1996 an order to abate the nuisance building was issued. The owner had since obtained a code compliance, posted the $2,000 performance bond and obtained the necessary permits. It appeared that the owner was in the process of rehabilitating the building and he recommend'ed amending the resolution to allow 180 days to make the necessary repairs. Mr. Strathman recommended that the resolution be amended to allow the owner 180 days, October 22, 1996, to complete repairs to the building as a code compliance insgection had been completed, the $2,000 bond had been posted and building permits had been obta`ed. J �/ Meeting adjourned at 10:30 a.m. Legisiative Hearing Officer SAINT PAUL PUBLIC HEALTH Neaf Ho11an, M.D., M.P.N.. Director q �- �s3 ' CITY OF SAINT PAUL NUISANCE BUILDlNGS CODE 6/2-298-4/53 Norm Caleman, Mayor ENFORCEMEhT I � 555 Cedar Svee1 Saint Paul, MN 55 1 01-12 6 0 i n May 10, 1996 �.�'"�a�4 �,.,��'ufi ;,�'�`':; NOTICE OF PUBLIC HEARINGS �u�� °� '°'' � Council President and Members of the City Council 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: 970 James Avenue The City Council has scheduled ihe date of these hearings as follows: Legislative Hearing - Tuesday, June 4, 1996 City Council I3earing - Wednesday, June 12, 1996 The owners and responsible parties of record aze: Name and Last Known Address Michael R O'Donnell 4930 Penn Avenue South Mpls., MN 55410 Donald H. Hoover 6225 Sheridan Avenue South Richfield, MN 55423 GMAC Mortgage 3451 Haznmond Avenue Waterloo, IA 50704 Interest Fee Owner Fee Owner Mortgagee Columbia Mortgage Mortgagee 1010 South Seventh Street Mpls., MN 55415-1749 re: Michael R O'Donnell & Donald H. Hoover q �-GS.3 970 James Avenue May 10, 1996 Page 2 The legal description of this property is: Lot 13, Biock 12, Michel and Robertson's Addition. City of Saint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Pubiic 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 Health that the City 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 Public Health to proceed to demolition and removai, and to assess the costs incurred against the real estate as a special assessment to be coilected in the same manner as taxes. Sin ely, �� J�- V�.� Chazles A. Votel Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV:mI cc: Jan Gasterland, Buiiding Inspection and Design Philip Miller, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Mazshall Dan Pahl, PED-Housing Division 01-93