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96-796��IE��.� RESOLUTION �INT PAUL, MlNNESOTA Presented By Referred To Council File # l -� Green Sheet # �� 49 Committee: Date WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings to consider Yhe advisability and necessiry of ordering the repair or wrecking and removal of a two- story, wood frame dwelling and wood frame shed located on property hereinafter referred to as the "Subject Property" and commonly laiown as 186 Cayuga Street. This properiy is legally described as follows, to wit: I.ots 1 and 2; Lot 8 except the Westerly 15 feet; all in Geo. J. FlinYs Addition to St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Aealth on or before April 25, 1946, the following are the now known interested or responsible parties for the Subject Property: Kevin J. Backus, 13845 Forest Blvd. No., Hugo, MN 55038; Bank of America, Margretten & Co. Inc., 201 East Cary Street, Richmond, VA 23219; Murnane Law Fnm, 1800 Piper Jaffrey Plaza, 444 Cedar Street, St. Paul, MN 55101, Attn: Renee Andreotti; City & County Employees Credit Union, 144 East llth Street, St. Paul, MN 55101, re: loan to Kevin J. Backus. 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 Apri122, 1996; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Properiy 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 May 22, 1996; and WfiEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WI�EREAS, this nuisance condition has not been conected 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 L,egislative Code, of the time, date, place and purpose of the public hearings; and °I `-�9� WI3EREAS, a heating was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 2, 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 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 in accordance with all applicable codes and ordinances, or in the alternarive by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitafion 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 VJednesday, 7uly 10, 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 Properry at 186 Cayuga Street: 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 Bnilding code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then laiown 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. ORDBR The Saint Paul City Council hereby makes the following order: 9 t�-'19� � 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 tUe public peace, health, safety and welfaze 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 alternauve by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demo&tion 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 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 incuned 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 properiy or fu�tures of any kind which interfere with the demolition and removal shall be removed from the properry 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. Requested by Department o£: BY�� . � Approved by Mayor: Date �y `� BY: / �C � _`�iN'f"`-� $ I�� -�-��--- Form Approved by City Attorney B �� l� ��'� Approved by Mayor for Svbmission to Council �'�(, � <%�� By: � Adopted by Council: Date Adoption Certified by Council cretary a � r, er� . ) � �° ` 1 -{ 1e DEPABTMENT/OFFICE/CqUNCIL DATE INITIATEO � O P,�� HealCh o6-0 -g6 . GREEN SHEET N_ 33964 �NrtiawnTe �Nmavoare CONTACT PERSON & PHONE DEPARiMEM DIREGTOR (TV COUNCIL Charles VOtE�. 298-4153 p��N �CfiYATfORNEY NL bh (j �CIiYCLERK M175T BE ON COUHCIL AGEf7DA 8Y (DATE) NUMBER FOP gU�('iET DIAECiOA O FlN. fi MGT. SERViCES DIA. flOVi7NG July 10, 1996 ORDER MpYpq(ORASSISTAPl� � TOTAL # OF SIGNATURE PAGES . t (CLIP ALL LOCATIONS FOR SICaNATURE) ACf70N REQUESTED: 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 Che resolution, Public Health is ordered to remove the building. The subject property is located at 186 Cayuga Street. qECAMMENDATIONS: npprove (A) w Reject (R) pEHSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoMirm ever worketl under a contract for this tlepartment? _ CIB COMMITTEE YES NO _ SiAFF 2. Has this personlfirm ever been a ciTy employee? — YES NO _ DISiRICTCOUR7 _ 3. Does this personRirm ossess a Skill not normall osses5ed p y p by any curreM city empioyee? SUPPOqTS WHICH COUNCIL 0&IECTIVE? YES NO Explafn all yes answers on separete sheet anC attach to green sheet INITI TIMGP OBI.� ,$SUE, p PPGIRTJINITV(VJho.Vyhat,Whan, ere„ y., T�is �ui�c�ing(s)' is a nuisance�ui�c�ing(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 186 Cayuga Street by May 22, 1996, and have failed to comply with those orders. �a�, � �� Jl;i� a3 t9&6 ADVANTAGESIFAPPROVED: � n ,; � �,��"y�'.y.� The City will eliminate a nuisance. �� ,,� � `'�`�� RECE►VEf� 4U� 1 � 1�� JU�I � a i99& �� t�9AAYQ�� p�FsCE DISADVANTAGES IFAPPROVED: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property Caxes. � ��$rcts Cent�r a��i 1 � 1�� DISADVANTAGES IP NOT APPROVED: A nuisance condition will remain unabated in the City. This-building(�s) will coritinue to blight the community. $7,Q00 - $9,000 - T07AL AMOUNT OF TRANSAC710N $ COST/REVENUE BUDGETED (CIRCLE ONE) YE NO Nuisance Housing Abatement 33261 FUND�HG SOURCE ACTIVIri NUMBEP FINANCIAL INFOFiMATION: (EXPLAIN) a `-'1 q � Legislauve Hearing Report July 2, 1996 Page - 2 - 7. Resolution ordering the owner to remove or repair the referenced buIlding, located at 524 Edmund Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended the owner be granted 180 days to bring the building into compliance provided a$2,000 performance bond is posted, a code compliance inspection is completed and permits are obtained by Wednesday, July 10, 1996. �, (8� Resolution ordering the owner to remove or repair the referenced building, located at 186 Cawea v Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 9. Resolution ordering the owner to remove or repair the referenced building, located at 280 Charles Avenue. If the owner fails to comply with the resoludon, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. SAINT PAUL PUBUC HEAL7H Neaf Ho11m�, MD., MP.H., Director CITY OF SAINT PAUL NUISANCE BUIIAINGS CODE Norm Coleman, Mayar ENFORCEMENT 555 Ced� $Cee[ Sa'v+t Pavl, MN SSI01-2260 i June 7, 1996 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Councii 9�-�9L 6I2-298-4153 Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule pnblic hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 186 Cayuga Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 2, 1996 City Council Hearing - Wednesday, 3uly 10, 1996 The owners and responsible parties of record aze: Name and Last Known Address Kevin J. Backus 13845 Forest Blvd. No. Hugo, MN 55038 Bank of America Margrettett & Co. Inc. 201 East Cary Street Richmond, VA 23219 Murnane Law Firm 1800 Piper Jaffrey Plaza 444 Cedaz Street St. Paul, MN 55101 Attn: Renee Andreotti Interest Fee Owner Mortgagee Attomey for Mortgagee G��:�1s�i! r:;��'� �tP�C JUi� �. 2 i596 -----_ __.w ___ __�.,,� �1�-'lq� 186 Cayuga Street June 7, 1996 Page 2 Name and Last Known Address Interest City & County Employees Credit Union Mortgagee 144 East l lth Street St. Paul, MN 55101 re: loan to Kevin 7. Backus The legal description of this property is: Lots 1 and 2; Lot 8 except the Westerly 15 feet; ali in Geo. J. FlinYs Addition to 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 nuisarice 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 removal, and to assess the costs inctured against the real estate as a special assessment to be collected in the same manner as t�es. Si�cerely, � � �� Charies 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 Marshall Dan Pahl, PED-Housing Division MINUTES OF LEGISLA'I`IVE HEARING July 2, 1996 Room 330, City Hall Gerry Strathman, I.egislative Hearing O�cer � �J 9�-�q�. STAFF PRESENT: Mike Budka, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Fstate; Cathy Ries, Real Estate Gerry Stratbman, L,egislative 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: J9607TDBC--Properry clean up for Fall, 1995 230 Bates Avenue Guy Willits, Public Health, stated that the properiy was boarded after a fire and the properry owner paid the contractor d'uectly for his work. The city incurred no expense as a result and he recommended that the assessment be deleted. Gerry Strathman, Legislative Hearing Officer, recommended deleting the assessment. 1950 West 7th Street-Vacant Lots Kym O'Donnell, Mickey's Diner, appeared and stated that they were not properly notified by Public Health on the orders to remove snow as they had a post office box to receive all mail. She further stated that the property ordered for snow removal was not owned by them and had she received the notice, she would have corrected the discrepancy with Public Health. She also stated that the complaint to remove the snow was made on December 27, 1995 and when the property was inspected on December 28, the inspector noted that all snow and ice had been removed on arrival. She presented a copy of the complaint from the Information and Complaint Office. The property was again inspected on January 4 and the property was cleaned up on January 10, 1996. She did not believe they should be liable for the assessment. Mr. Strathman recommended deleting the assessment. Roxanna Flink, Real Estate, stated that all notifications were sent out per Ramsey Counry Tax Records as the official property address. If there was a change in address, they would need to make this change on their tal� records as well. 662 Geranium Avenue E. Laid over to July 16 I.egislative Hearing. 1061-1087 Universitv Avenue W-Vacant Lots Joe VanOmum, representing the property owner, appeared and stated that his company had purchased the Minutes of Legislative Heazing 7uly 2, 1996 Page-2- properry and demolished the building which had been on this property. It had been vacant for over two years wlule the company decided on expansion decisions. Ae was aware that several neighbors made complaints to Public Health on the condition of the property. They had attempted to maintain the properry and on the date in question, he had directed an employee to remove the debris and cut the tall grass and weeds. He did not believe that the order to clean up the properry within 10 days was adequate time to take care of the problem, considering they were a small company, and he did not believe they should be required to pay the assessment. Mr. Willits presented pictures of the property along with a detail of the chazges for the cost of the clean up. Mr. Strathman recommended approval of the assessment. 911 Tuscarora Mazgaret Taylor, properry owner, appeared and stated that she had purchased the properiy from HiJD on 7anuary 29, 1996. Mr. Willits stated that orders were issued to remove tall grass and weeds as well as rubbish on September 22, 1995 and work was done on September 29, 1995. HUD had owned the properry at the time and at the closing, all assessments were paid except for this assessment. He had contacted the realtor for HUD and the realtor indicated that since they no longer owned the properry, they were not liable for the assessment. Mr. Strathman questioned why the assessment had not been conveyed to HUb if the work had been done in September, 1995 and the closing was in January, 1996. Mr. Willits responded that it could be that Pazks was delinquent in recording the assessments with Real Estate. Mr. Stratl�an recommended deleting the assessment. 2. Summary/Vehicle abatement appeal for 599 St. Clair and 600 Michigan Street - vacant lot; 7oseph Stepka, properry owner. Joseph Stepka, properry owner, appeazed and stated that the properties had been cleaned up and the vehic7es had been removed. He had filed this appeal in order to allow him more time to clean up the property. He did not believe the city had the right to tell him what to do in maintaining his property. Mr. Strathman recommended denying tfie appeal. Summary/Vehicle abatement appeal for 848 Universiry Avenue; Deborah Bean, property owner. No one appeazed; recommended denying the appeal. 4. Summary/Vehicle abatement appeal for 848 Mound; Lisa Ouke, property owner. Lisa Ouke, property owner, appeared and stated that sfie received notice to remove or repair a fence on Minutes of I.egislative Hearing � G- / q� July 2, 1996 Page - 3 - her properry. In order to remove tt�e fence, it was necessary to remove some trees and brush which had grown in between the fence. She removed the fence and subsequently received notice to remove the pile of brush. She had been out of town when the notice had been received which would have only allowed her two days to remove the pile. She appealed the order to allow her more tune to clean up the debris. Mr. Strathman recommended denying the appeal. 5. Summary/Vehicle abatement appeal for 407 Bay Street; Terrence Tessmen, property owner. Terrence Tessmen, property owner, appeared and stated that he did not believe the city had the right to enter his property and he considered this trespassing. He also believed that the city should not tell him what to do. He stated that he had found someone to purchase one of the vehicles and would obtain license tabs for the other vehicle located on his property. Mr. Suathman denied the appeal. 6. Resolution ordering the owner to remove or repair the referenced building, located at 993 Ed�erton Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mike Budka, Public Heaith, stated that the building had been condemned and vacant since 1995. There had been several sunnnary abatements against the property and the city had boarded the building. He was aware that the property was the subject of a divorce proceeding, however, there had been no contact from the property owners. The estimated cost to repair the building was $50,000. No one appeared. Mr. Suathman recommended approval. Resolution ordering the owner to remove or repair the referenced building, located at 524 Fdmund Aven e. If ffie owner fails to comply with the resolution, Public Health is ordered to remove ffie building. Mr. Budka stated that the building was condemned in August, 1995 and had been vacant since September, 1995. He was aware that there was an interested purchaser of the property, however, a code compliance inspection had not been done, the bond had not been posted and no pernuts had been obtained. The estunated cost to repair the buiiding was $50,000. He also indicated that he had received a letter from the neighbors to this property requesting that this building be demolished. Thomas Vang appeared and stated that he had executed a purchase agreement to acquire the property. He was interested in purchasing the property and planned to rehabilitate the building, however, this was conditioned on whether the building would be recommended for demolition. Mr. Strathman recommended that Mr. Vang be granted 180 days to bring the building into compliance provided a$2,000 performance bond was posted, a code compliance inspection was completed and pemuts Minutes of Legislative Hearing July 2, 1996 Page - 4 - were obtained by Wednesday, July 10, 1996. If Mr. Vang failed to comply, the building would be recommended for demolition. � Resolution ordering the owner to remove or repair the referenced building, located at 186 Cawea Street. If the owner fails to comply with the resolution, Pablic Health is ordered to remove the building. Fay Madison, attomey representing the Bank of America, appeared and stated that the properry had been foreclosed on with the redemption period expiruig on July 18, 1996. It was then there intenfion to convey the property to FIUD. She pointed out, however, that the property was torrens property which would necessitate clearing the title through a court proceeding. She anticipated this would take appro�mately four to six months and requested an extension of time. Mr. Budka reviewed the staff report. The building had been vacant since August, 1995. Tfie estimated cost to repair the building was $50,000. Mr. Strathman recommended approval of the order for demolition. 9. Resolution ordering the owner to remove or repair the referenced building, located at 280 Charles Avenue. If the owner fails to comply with the resolufion, Public Health is ordered to remove the buiiding. Larry Zielke, attomey representing Fleet Mortgage, appeared and stated that the property had been auctioned at sheriff s sale on June 26, 1996 and the redemption period would not expire for another six months. Once the redemption period expired, the property would be conveyed to HUb for sale. Mr. Budka reviewed the staff report. The property was condemned in November, 1995 and had been vacant since December, 1995. The estimated cost to zepair the building was $40,000. Mr. Strathman recommended approval of the order for demolition. Meeting adjoumed at 11:05 a.m. L.egislative Hearing Officer