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96-659�� 3 ��,,•� f'�E, f e E..,' ' . ... . � t F � Council File # 9G-G59 � Green Sheet # �_��� RESOLUTION • CITY OF SAINT PAUL, MINNESOTA � n � .� � Presented By Referred To Committee: Date WHEREAS, Saint Paul Public Health has requested the City Council to hold pnblic hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a three- story, wood frame, multi-unit building located on property hereinafter referred to as the ° Subject Property" and commonly known as 674 Sims Avenue. This property is legally described as follows, to wit: Lot 7, Block 27, Joseph R. Weide's Subdivision of Block 27, Arlington Hills Addition to St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Heaith on ar before April 2, 1996, the following are the now known interested or responsible parties for the Subject Property: Warren J. Marshall & Richard Wagner Sr., 873 Tatum Street, St. Paul, MN 55104; Steven R Nelson, 674 Sims Avenue, St. Paui, MN 55106, (L,ast known address); Associates Industrial Loan Co., 5951 Earle Brown Drive, Brooklyn Center, MN 55430; Twin Cities Auto Credit Union, 680 Cleveland Avenue South, St. Paul, MN 55116, re: Richard Wagner; District Director of IRS, 316 North Robert Street, St. Paul, MN 55101, re: Steven R. Nelson. WHEREAS, Saint Paul Public Health has served in accardance with the provisions of ro Chapter 45 of the Saint Paul I,egislative Code an arder identified as an "Order to Abate Nuisance Building(s)" dated March 29, 1996; and WHEREAS, this order informed the then l�own 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 29, 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 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 I.egislative Code, of the time, date, place and purpose of the public hearings; and � � �� � p �, e � �, ; �G-�s9 WHEREAS, a hearing was held before the Legislative Hearing O�cer of the Saint Paul Ciry Council on Tuesday, June 4, 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 community 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, June 12, 1996 and the testunony and evidence including the action taken by the I,egisiative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testunony 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 674 Sims 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 conected. 6. That Public Health has posted a placard on the Subject Property which declazes 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: 1. The above referenced interested or responsible parties shall make the Subject Property safe l ' �": i � { i�f`, i�t; �. e � t.. ", .,s_,` . v, � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 qG-�s9 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 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 Ciry of Saint Paui, 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 Properiy pursuant to the provisions of Chapter 45 of the Saint Paul I.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 ordered, 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. Adopted by Council: Date q� Adoption Certified by Council Secretary B y : {���� „ r , �j�` Approved by Mayor. Date ���� BY: �- � .�� Requested by Department o£: By: � G��-��-- Form Approved by City Attorney ay:��P�/►(�C.ua i(�!�A�56 Approved by Mayor for Submission to Council BY: �.IG �'�� 9�-�sq DEPARTMENTlOFFICHCOUNGL DATE INITIATED O � P���� Health OS-1 -96 GREEN SHEET N_ 3.3952 INITIAUDATE INITIAUDATE CONTACT PEflSON 8 PHpNE � DEPARTMENT DIRECTOFi CIT' CAUNCIL Charles Votel 298-4153 A�i�N �cmanoaNer �(r.s(IL�46 cmc�RK MUST BE ON COUNCIL AGENDA BV (DATE) p BUOGEf DIPECTOR � FIN. & MGT. SERVICES Dlfl. June 12, 1996 oaoEx p7pVORIORASSISTANT) � TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION FEQUESTED: 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 674 Sims Avenue. FiECOMMENDA710NS: npprove (A) or Rejea (Fi) pERSONAL SERVICE CONTRACTS MUST ANSWEfi TME FOLLOWING �UESTIONS: _ PIANNING CAMMISSION _ CIVIL SEfiVICE COMMISSION �• Has this person/firm ever worketl under a contract for this tlepartmertl? � _ qB CAMMITfEE YES NO _ s7n� 2. Has this person/firm ever been a city employee? — YES NO _ o1S7fiICTCOUR7 _ 3. Does this person/firm possess a skill not normall y possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answers on separate aheet and attaeh to green sheet INITIATING PROBL�M, IS,SUE, q PPORTUNITV (Who, V(haL When, W re„ y'. This building(s) is a nuisance �ui�c�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 674 Sims Avenue by April 29, 1996, and have failed to comply with those orders. ADVANTAGESIFAPPROVED: The City will eliminate a nuisance. �AAY 10 1996 NIRYOR'S OfFICE DISADVANTAGES IFAPPROVED: 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. ��i�E�� ��C�3 �tt�9' ��� 1 r ���s DISADVANTAGES IF NOTAPPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. ��`� $10,000 - $12,000 iOTAL AMOUNT OF 7RANSACTION $ COST/REVENUE BUDGETED (CIHCLE ONE) YES NO Nuisance Housing Abatement 33261 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) �i�-�s9 �' '�:_i Date: June 4, 1996 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (Laid over from May 7, 1996 L,egislative Hearing): 854 Lawson Avenue (J9605AA) 1950 W. 7th Street (J9605A) Legislative Hearing Of�icer recommended 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 J9606C--Demolition of vacant buildings for February, 1996 Legislative Hearing Officer recommended approval. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1116 Margaret Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove or repair the referenced building, located at 40 Atwater Street. If the owner fails to comply with the resolution, Public Healtta is ordered to remove the building. Legislative Hearing Of�cer recommended the owner be granted 180 days to bring the building into compliance provided a$2,000 performance bond is posted and permits are obtained by Wednesday, June 12, 1996. 5. Resolution ordering the owner to remove or repair the referenced building, located at 674 Sims Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Of�cer recommended approval. °l�-G5� NIINUTES OF LEGISLATIVE HEARING June 4, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRFSENT: Chuck Votel, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Estate; Cathy Ries, Real Estate Gerry Strathman, LegisIative Hearing Officer, called tfie meeting to order at 10:00 a.m. Resolution ratifying assessment of benefits, costs and expenses for suuunary abatements for the following (Laid over from May 7, 1996 I.egislative Hearing): 854 Lawson Avenue Guy Willits, Public Health, reviewed the staff report and showed a video of the property. Jeff Rauschnot, properiy owner, appeared and stated that he was employed as a long-haul trucker during the winter and had rented his house to a friend during his absence. He was unaware that orders had been issued to clean the sidewalk of snow and ice. When he returned, he discovered that his friend had failed to maintain his house and properly and that t}us person was no longer living at his residence. He requested that he not be obligated to pay the assessment since he had no knowledge that he had received the order. Mr. Strathman stated that since legai notice had been sent and the work had been done, he could not delete the assessment. He recommended approval. 1950 W. 7th Street No one appeared; recommendation was for approval. 2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following: J9606B--$oarding up of vacant buildings for January, 1996 J9606C--Demolition of vacant buildings for February, 1996 722 James Avenue No one appeared; recommendation was for approval. Resolution ordering the owner to remove or repair the referenced building, located at 1116 Marparet Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Vote1, Public Health, reviewed the staff report. Legislative Heazing 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 treet. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The city had boarded the building and had issued eight summary abatement notices in the past and condemned the buiiding in September, 1995. He stated that a code compliance inspection had been done on Apri123, 1996. Jim Geske, attorney representing Banker's Trust, appeared and stated that they had entered into a purchase agreement with Northem 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. Mark Murnane, representing Northern 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 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. Votei reviewed the staff report. No one appeared; recommendation was for approval. 6. ResoIution 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 I3ealth 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 resolurion, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. Edith Hilmes appeazed 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. �`-6s� Legistative Hearing Minutes June 4, 1996 Page - 3 - Mr. Vote1 read the names of the responsibte parties of record and there was no indication that her name was included in this record. Mr. Strathman stated that he did not have the authority to clear issues of tifle. He then explained the process on tfie order for demolition and 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. 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 recommended 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 inspection had been completed, the $2,000 bond had been posted and building permits had been obta�. ��/ Meeting adjourned at 10:30 a.m. Legislative Hearnig Ofticer A SAINT PAtlI PUBLIC HEALTH Nea! Holtan, .1�D., MP.H., Direcror qG-Gs9 CtTY QF SAINT PAUL NUISA.NCE BUTADINGS CODE 612-298-4153 Norm Coleman. Mayor F.NFORCF.MENT " 555 Cedar Street _ �� p�{ �t}N SSIQI-2260 � an.e., _ -.k e� �va=..�. `.,�..�..�.f �Ck� May 10, Z996 .. ^ v _ , ._.ilL NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Panl Public Health, Vacant/Nuisance Buiidings Enforcement Unit has requesLed the City Council scheduIe public hearings to consider a resoluuon ordering the repair ar removal of the nuisance building(s) located at: 674 Sims Avenue The City Councii has scheduled the date of these hearings as foilows: Legislative Hearing - Tuesday, June 4, 1996 City Council Hearing - Wednesday, June 12, 1996 The owners and responsible parties of record are: Name and Last Known Address Warren 3. Mazshall & Richazd Wagner Sr. 873 Tahun Street St. Paul, NII�I 55164 Interest Fee Owner Steven R Netson 574 5ims Avenue St. Paul, MN 55106 Associates Industrial Loan Co. 5951 Earle Brown Drive Brooklyn Center, MN 55430 Twin Cides Auto Credit Union 680 Cieveland Avenue South St. Paul, MN 55116 re: Richard Wagner Contract for Deed Holder Mortgagee Judgment Creditor �1G'`�9 fi74 Sims Avenue May I0, 1996 Page 2 Name and Last Known Address District Director of IRS 316 North Robert Sueet St, Paul, MN 55101 re: Steven R Nelson The legal description of this property is: Interest Judgment Creditor Lot 7, Block 27, 7oseph R Weide's Subdivision of Block 27, Arlington Hills Addition to St. Paul. City af Saint Paui 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 condiqon by correcting the deficiencies or by razing and removing this buiiding{s}. Inasmuch as this Order to Abate has not been compiied with the nuisance condition remains unabated, the commwuty continues to suffer the btighting influence of this properry. 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 buiiding in a timely manner, and failing that, autharize Public Health ta proceed to demolition and removal, and to assess the costs incurred against the reaI estate as a speciat assessment to be col3ected in the same manner as taxes. S' ely, � �� Chazles A. Votel Program Supervisor Code Enforcement Programs Saint Paul Public Heaith CAV:mi cc: Jan Gasterland, Building Inspection and Design Philip Miller, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshail Dan Pahl, PED-Housing Divisian