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96-658r�� � 'ar , . , .� . . . . - Presented By Referred To Council File �# Green Sheet � Committee: Date � 5 33�q5 5i WHEREAS, Saint Paul Pubiic Health has requested the City Councii 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 shed located on properry hereinafter referred to as the "Subject Property" and commonly known as 1194 Ross Avenue. This property is legally described as foilows, to wit: Lot 8, Block 4, Messerli and Eschbach's Addition. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public TIealth on or before March 14, 1996, the following are the now known interested or responsible parties for the Subject Property: Michael F. and Rene S. Allen, 24585 Olinda Trail North, Scandia, MN 55073; General Electric Capital Corp., 10777 West River, Ste 1100, Aouston, TX 77042, Attn: Jeff Williams; Shearson Lehman Mortgage, G.E. Capital Mortgage, 4680 Hallmark Pkwy., San Bernardino, CA 92407; Twin Realty Investment Company, 5401 Gamble Drive, St. Louis Park, MN 55416, re: Mike Allen. 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 March 11, 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 April 10, 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 City Clerk schedule public hearings before the L,egislative Hearing Officer of the City Council and the Saint Paul City Council; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� �� _ � 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 I � Il �i qG-GS� , WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, May 21, 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 the Subject Property 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 applicabie codes and ordinances, or in the altemative 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, June 12, 1996 and the testimony 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 Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 1194 Ross Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul i,egislative 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 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 Buiidings 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: v"; � ;�-. P� 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 g����� 1. The above referenced interested or responsible parties shall make the Subject Properry 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 conecting 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 or demolition and removal of the stmcture 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 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, fill the site and charge the costs incurred against the Subject Property 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 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 properry is not removed, it shall be considered to be abandoned and the Ciry of Saint Paul shall remove and dispose of such property 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 of: By: �� a . 'Pt Approved by Mayor: Date ��"!� B Y = � � �S ``"'cen�� BY � / l�"!(� � �i''�.� �"'l�— Form Approved by City Attorney B �� �"� ;.� � �� �6 Approved by Mayor for Submission to Council By: � Adopted by Council: Date a ��� Adoption Certified by Counci S retary 9� —GS&' DEPAfiTMENT/OFFICEICOUNCIL ppTE 1NRIATED , V� 3 3 8 9 5 ���C Health 04-2 -96 GREEN SHEET _ __ INiTiAVDATE INfT1A4DATE CONTACT PERSON 8 PHONE � DEPARTMENT DIRECTOP CITV CAUNCIL Charles Votel 298-4153 A�N �crrcarroR�r -,+� J( cma.eRK xUNBEfl FOR MUST BE ON CqUNCIL AGENDA BY (DATE) p�� BU�GE7 DIREC70Fi � FlN. & M6i SEflVICES Difl. SllIle 12 � 1996 ONOEN MAYOfl (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES � (CLIP ALl LOCAT�ONS POR SICaNATURE) ACTION flE�UESTED: 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 1194 Ross Avenue. RECOMMENOqTIONS: Approva (A) or Reject (R) pERSONAL SERVICE CANTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING CAMMI3SION __ CIVIL SEFiVICE COMMI$$ION �� Has this personttirm ever worketl under a contraq for this Eeparhnem? - _ CIB COMMfTTEE YES NO _ S7AFF 2- Has this person/firm ever been a ciry employee? — YES NO _ DISTRIC7 CAURT _ 3. Does this personttirm possess a skill no[ normally possessetl by any curreni ciry employee? SUPPOflTS WHICH COUNCIL 0&IECTIVE4 YES NO Esplatn all yes answers on separate sheet and attaeh to green sheet INITIATING PROBLEM, ISSUE, OPPOflTUNIN (Who, Whal, Whan, Where, Why : This building(s) is a nuisance bui].�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 1194 Ross Avenue by April 10, 1996, and have failed to comply with those orders. ���;�^�;'}:`:;;,£'"^,, �ar o � ��s� ADVANTAGES IFAPPPOVED' �' � ` ^ -� ., . . . „. ,,,, The City wi11 eliminate a nuisance. 64�".i,.R '.S .•r��i:7a»KLdd +d�'��2� Ci+b15das�` �-� , .� nai v'i.3 ;.,�N� H1`:d-� . 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. DISADVANTAGE3IF NOT APPROVED' A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTALAMOUNTOFTRANSACTION$ $6,000 - $8,000 COST/REVENUEBUDGETED(CIRCLEONE) YES NO Nuisance Housing Abatement 33261 FUNDIHG SOURCE AC7INTY NUMBEH FINANCIAL INFORMATION: (EXPIAIN) q�-�s�' .� .�.- Date: May 21, 1996 Time: 10:00 a.m. Piace: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Aearing Officer 1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following: 2199 E. Minnehaha Avenue (79604AA} (referred by Councii on April 10 and Aprii 24, 1996 to Legislative Hearing) 2244 Bush Avenue (J96�SA) Legisla�ive Hearing Of�cer recommended approval. 854 E. Lawson Avenue (J9605AA) Legisiafive Hearing Officer recommended lay over to June 4, 1996 hearing. 2. Resolution ordering the owner to remove or repair the referenced building, Iocated at � Robert Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislafive Hearing Officer recommended approval. Resoiution ordering the owner to remove or repair the referenced building, located at .1�9.4 Ross Avenue. If the owner fails to comply wzth the resolution, Public Heaith is ordered to remove the building. Legislative Hearing Of�cer recommended that the City Council lay this matter over for 90 days in order to clarify ownership of the property and to atlow the new owner to take appropriafe action. 4. Resolution ordering the owner to remove or repair the referenced building, located at I071 Kilbum Street. If the owner fails to comply with the resolntion, Public Health is ordered to remove the buiiding. Legislative Hearing Officer recommended approval. q �-�s� nIIlVUTES OF LEGISLATIVE HEARING May 21, 1996 Room 330, City Hall Gerry Strathman, Legislafive Hearing Officer STAFF PRESENT: Chuck Votei, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Estate Gerry Strathman, Legislative 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 (referred by Council on Aprii 10 and Apri124, 199b to I.egislative Hearing): 2199 E Minnehaha Avenue Guy Willits, Public Hea18i, reviewed the staff report and showed a video of the properLy. James Losing, propezry owner, appeared and communicated through an interpreter. He had lost his job and was now collecting social security. Due to his financial difficulties, he was unable to afford to pay for garbage collection. Mr. Strathman stated that the city did not make allowances for financial hardship and that it was the property owner's responsibility to maintain tfie properiy. Since the notice had been received and the work had been done, he recommended approvai of the assessment. He explained to Mr. L,osing that he did have the right to appeal the decision to the City Council, however, he requested that he give 48 hours notification as to wfiether he planned to attend so that Council couid provide an interpreter for him. 854 E Lawson Avenue Laid over to June 4, 1996 L.egislative Heazing. 2244 Bush Avenue No one appeared. Recommendation was for approval. 2. Resolution ordering the owner to remove or repair tlte referenced building, located at 430 Robert Street. If the owner fails to comply with the resolution, Public Health is ordered to remove th� building. Chuck Votel, Public Health, reviewed the staff report. He had been in contact with the property manage� for the owner and it was the owner's intention to demolish the building. Mr. Strathman recommended approval. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1194 Ro Avenue. If the owner fails to comply with the resolution, Public Healtii is ordered to remove tl— building. Mr. Votel reviewed the staff report. Minutes of I.egislative Hearing May 21, 1996 Page-2- Rene Allen, property owner, appeared and stated that the properry was in the process of being foreclosed. They were worldng with the mortgage company to expedite the foreclosure and were waiting to receive further notification from them. She did not wish to see the building demolished. Mr. Strathman asked whether the buildiug should be rehabilitated. Mr. Votel responded that he believed the building should be rehabilitated and not demolished. The problem was that the building had been vacant since 1994 and there had been numerous complaints about the property. Mr. Strathman stated that he would recommend that the City Council lay the matter over for 90 days in order to clarify ownership of the property and to allow the new owner to take appzopriate action. 4. Resolution ordering the owner to remove or repair the referenced building, located at 1071 Kilburn Street. Tf the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The properry was currently owned by the State of Minnesota Tas Exempt. There had been numerous summary abatement notices and the building was boarded by the city. Nanette Anstead, neighboring properry owner, appeared and stated that the building had been vacant for approximately six years. It had been a continuous nuisance in the neighborhood and she wished to see the building demolished. Brett Larson, Ramsey County Tas Forfeited Properties, appeared and stated that he had looked at the property and believed it was salvageable, however, he had not had the opportunity to look at the interior of the house. He wished to have the opportuniry to place the property for sale at auction in the Fall. Mr. Sirathman recommended approval. Meeting adjourned at 10:30 a.m. SAINT PAUL PUBLiC HEALTN Nea7 Noftan, StO.. hf,P.H.. Direc�or CITY OF SAINT PAUL .N67SANCE BUILDIT'GS CODE Norm Colemnn. Mayor F.�VFORCESf6�T JJ� Cedar Street Saint Pwl, hIV Si101-??60 i April 26, 1996 NOTICE OF PUBLIC HEARINGS Council President and Members of the Ciry Councit q�-GS8' GI?-?93•J153 Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Cozmcil schedule public hearings to consider a resolution ordering the repair or removaI of the nuisance building(s) located at: 1194 Ross Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, May 21, 1996 City Council Hearing - Wednesday, Jnne 12, 1996 The owaers and responsible puties of record aze: Name and Last Known Address Michaet F. and Rene S. Alien 24585 Olinda Trai1 North Scandia, MN >j073 Generai Electric Capital Corp. 10777 West River, Ste 2100 Houston, TX 77042 Attn: 7eff Wiliiams Sheazson Lehman Mortgage G.E. Capital Mortgage 4680 Haltmark Pkwy. San Bernardino, CA 92407 Interest Fee Owner Mortga�ee Mortgagee °l 1194 Ross Avenue April 26, 1996 Page 2 Name and Last Known Address Interest Twin Raalty Investment Company Judgment Creditor 5401 Gamble Drive St. Louis Park, MN 55416 re: Mike Allen The legal description of this property is: Lot 8, Block 4, Messerli and Eschbach's Addition. City of Saint Paul Public Health has declared this buiiding(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued azi order to the then known responsible parties to eiiminate this nuisance condition by con•ecting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abata has not been complied with the nuisance condition remains unabated, ttie community continues to suffer the blighting infliience of this property. It is the recommendarion of Public Healtli that ihe City Councii pass a resolution ordering the responsible parties to either repair, or deulotish and remove this building 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, �� � � ��� Charles A. Votel Prob am Supervisor Code Enforcement Programs Saint Faul Public HeaIth CAV:mI cc: Jau Gasterland, Building Inspection and Desi�n Ptufip Miller, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccar�l, Fire Mazshall Dan Pahl, PED-Housing Division