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96-660�l i'°� i�"� ? F1. i P� ' ; t �i it ,F�';��ak 4 �� . . �� ti . � . , � Presented By 50 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 located on property hereinafter referred to as the "Subject Property" and commonly known as 654 Thomas Avenue. This property is legally described as follows, to wit: The West 1!2 of Lot 9, Chute Brother's Division No. 3 Addition to the City of St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and informarion obtained by Saint Paul Public Health an or before April 3, 1996, the following are the now known interested or responsible parties for the Subject Property: Norwest Mortgage Inc., 405 5th Street SW, Des Moines, IA 50309-4626; Nore✓esC Mortgage, 2051 Killebrew Drive, Bloomington, MN 55479-2549, Attn: 5ally Berdt; Norwest Bank N.A., 55 East Fifth Street, St. Paui, MN 55101, re: Linda Lee Zeien/Beth A. Hawkins; Thomas J. Reiter, St. Paul Buiiding, 6 West Sth Street, 7th FI, St. Paul, MN 5 5 102-1420; Gerald & Mar9on Benford, 478 Thomas Avenue, St. Paul, MN 55103-2743. WAEREAS, Saint Paul 1'ublic Health has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order Yo Abate Nuisance Building(s)" dated April 2, 1996; and WHEREAS, this order informed the then known ittterested 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 Pxoper[y by May 2, 1996; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condiuon; 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 LegislaYive Hearing Officer of the Ciry Council and the Saint Paul City Council; and Council File 'tr qC- G G O Green Sheet # �� 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 pubiic hearings; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA � f, t yF �': �=t � .� � . ., . .a. 9G-GGo WHEREAS, a hearing was held before the L,egislative Hearing Officer of the Saint Paul City 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 detrunental 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 heid 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 Councii hereby adopts the following Findings and Order conceming the Subject Property at 654 Thomas Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demalition 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 ar Building code violations at the Subject Property. 4. That an Order to Abate I�3uisance 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 carrected. 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 buiiding has been routinely monitored by the Vacant/Nuisance Buildings Code Bnforcement Frogram. 8. That the known interested parties and owners are as previously stated in this resolution and ttiat the notification requirements of Chapter 45 have been fulfilled. •�� ' The Saint Paul Ciry Council hereby makes the following order: �`. } � � - - ; �=��. �, __ �u�,� � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 zi z2 23 qG-GGo 1. The above referenced interested or responsible parties shall make the Sub}ect Property safe and not detrimental to the pubiic peace, health, safety and welfaze and remove its blighting influence on the communiry by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with ail appiicable 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 conecflve action is not completed within this period of time 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 I.egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fixtures of any kind which interPere 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 Legislative Code. Requested by Department of: BY= J'L� G��-_._ �/ Form Approved by City Attorney Adopted by Council: Date � � �� Adoption Certified by Council Secretary BY: 161U/�'( �G, B�'� \--_��A�.� '� •�� 1+M'�' Approved by Mayor for Submission to � /_ p /,1� Council Approved by Mayor: Date (g L"1 n �'� B �G� E(r _ ' By: 9�-G6o'� DEPARTMENT/OFFICE/COUNGIL DATE INITIATED O P�� Health OS-1 -96 GREEN SHEET N_ 33953 GONTACT PEflSON & PHONE INRIAWATE INITIAL/DA7E Charles Votel 298-4153 /�� DEPARTMENTDIRECTOR � CRYCAUNCIL �y ASSIGN GITYAiTORNEY /Jt!y� �� CITYCLERK MUST BE ON CpUNpL A6ENDA BY (DAT� �� BUDGET DIRECTOR��_ O FIN. & MGT. SERVICES DIR. POUfING Jll11E' 12 1996 OADEp MAVOR(ORASSISTANn O TOTAL # OF SIGNATURE PAGES � (CLLP AlL LOCATIQNS FQR SIGNATURE) ACTION RE�UESfED: 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 bomply with the resolution, Public Health is ordered to remove the building. The subject property is located at 654 Thomas Avenue. RECOMMENDATIONS: Approve (a) m ReJect (R) pEpSONAL SERVICE CONTRACTS MUST ANSWER THE POLLOWING QUESTIONS: _ PLANNMG CAMMISSION _ CML SERVICE COMMISSION �� Has this perSOnMrm ever worked under a contract for this departmen[? � _ CIB COMMITfEE _ YES NO _ STAFF 2. Has this parsoNfirm evar been a city empfoyee? — YES N� _ DISTRICi CpURT _ 3. Does this personflirm possess a skill not normall ssessed y po Dy any curtent c�ty employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explsin all yea answers on saparate sheet anA atteeh to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, 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 654 Thomas Avenue by May 2, 1996, and have failed to comply with those orders. ADVANTAGESIFAPPROVED. The City will eliminate a nuisance. �� ,� t �0I�3C� ��(Ct! �it#G�" ��r � � �� (w1AY0R'S O�FfCE DISADVANTAGES IFAPPROVED: " � � �— �� The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properCy, collected as a special assessment against the property taxes. DISADVANTAGESiF NOTAPPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. � . . � �. y. �� '�.��' E��Y' � 7 ��6 Ss, o00 - $�, o00 "'°� TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUOGETED (CIRCIE ONE) YES NO Nuisance Flousing Abatement 33261 FUNDIRG S�URCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � . Legislative Hearing Report June 4, 1996 Page - 2 - � �- GGo 6. Resolution ordering the owner to remove or repair the referenced building, located at 654 Thomas veuue. If the owner fails to comply with the resolution, Public Aealth 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 Reane� Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legisiative Hearing Officer recommended approval. 8. 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. Legislative Hearing Officer recommended that the resolution be amended to allow the owner 180 days to complete repairs to the buitding as a code compliance inspection had been completed, the $2,Ot10 bond had been posted and building permits had been obtained. MINUTES OF LEGISLATIVE HEAI2ING �� G Q June 4, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAF'F PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Estate; Cathy Ries, Real Estate Gerry Stratbman, I.egislative 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): �54 Lawson Avenue Guy Willits, Public Iiealth, reviewed the staff report and showed a video of the properry. Jeff Rausctmot, property owner, appeared and stated that he was employed as a long-haul trucker during the winter and had rented his house to a fxiend during his absence. He was unaware that orders had been issued to ciean the sidewaik of snow and ice. When he returned, he discovered that his friend had failed to maintain his house and property and that ttus person was no longer living at his residence. Fie requested ffiat he not be obiigated to pay the assessment since he had no knowledge that he had received the order. Mr. Strathman 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 agpeazed; recommendation was for approval. 2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the foliowing: J9606B--Boarding 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 ar 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. Chuck Votel, Public Health, reviewed the staff report. Legisla€ive Heariug 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 resolution, Public Health is ordered to remove the building. Mz. Votel reviewed the staff report. The ciry had boazded ttie building and had issued eight summary abatement notices in the past and condemned the building in September, 1945. He stated that a code compliance inspection had been done on April 23, 1996. 7im Geske, attorney representing Banker's Trust, appeared and stated that they had entered into a purchase agreement with Northern Homes to purchase the properry. 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 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 gcanted 180 days to bring the building into compliance pxovided a$2,000 performance bond was posted and permits were obtained by Wednesday, 7une 12, 1996. 5. Resolution ordering the owner to remove or repair the referenced building, located at 674 Sims Avernie. If the owner fails to comply with tfie resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. No one appeared; recommendation was for agprova2. 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. Mr. Votel reviewed the staff report. No one appeared; recommendation was for approval. Resoluuon ordering the owner to remove or repair the referenced buiIding, Iocated at 1056 Reanev ve ue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. Eciith Hilmes appeared and stated that the property was formerly her pazents home and was sold in 1980. It was her desire to have her name removed from the tax records and a1low the building to proceed with demolition. Legislative Hearing Minutes June 4, 1996 Page - 3 - °1G-GGo Mr. Votel read the names of the responsible parties of record and there was no indication that her name was included in ttus record. Mr. Strathman stated that he did not have the authority to cleaz 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 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 pernuts. 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 `ed. �� Meeting adjourned at 1030 a.m. Legislative Hearing �.. � . . .. . . . .. ... ... ... ... . . .. .. .. . SAINT PAUL PUBLIC HEALTH Neu/ Holmn. M.D., MP.H., Direclor /��nV� swixr PAUI � AAAA CITY Of SAINT PAUL Norm Coleman, Mayor NUISANCE BUILD/NGS CODE 612-?98-4lS3 ENFORCEMENT S55 Cedar Sveet Saint Paul. MN 53/QI-2260 �,, -;ar �� ;;, . i'v:;`.. i J ,;;�� May 10, 1996 NOTICE OF PUBLIC HEARINGS 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 buiiding(s) located at: 654 Thomas Avenue The City Councii has scheduled the date of these heazings as follows: Legislative Aeasing - Tuesday, Juue 4, 1996 City Council Hearing - Wednesday, June 12, 1996 The owners and responsible parties of record aze: Name and Last Known Address Norwest Mortgage Inc. 405 Sth Street SW Des Moines, IA 50309-4626 Inferest Fee Owner Norwest Mortgage 2051 Killebrew Drive Bloomington, MN 55479-2549 Attn: Sally Berdt Local Fee Owner Interest °lb-�Go 654 Thomas Avenue May 10, 1996 Page 2 Name and Last Known Address Norwest Bank N.A. 55 East Fifrh Street St. Paul, MN 55101 re: Linda Lee Zeien/Beth A. Hawkins Thomas 3. Reiter St. Paui Building 6 West Sth Street, 7th Fl St. Paul, MN 55102-1420 Gerald & Marion Benford 478 Thomas Avenue St. Paul, MN 55103-2743 The legal description of this property is: Interest Original Mortgagee Attomey for Norwest Disputed Fee Owner The West 1!2 of Lot 9, Chute Brother's Division No. 3 Addition to the City of St. Paul. 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 conditian by correcting the deficiencies or by razing and removing this building(s). °IG-GGD 654 Thomas Avenue May 10, 1996 Page 3 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 iepair, or demolish 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 inc�rred against the real estate as a special assessment to be collected in the same manner as t�es. Sin erely, � � �� Chazles A. Votel Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV ml cc: Jan Gasterland, Buiiding Inspection and Design Philip Miller, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Mazshall Dan Pahl, PED-Housing Division � 01-93