96-797�RIG��g��
Presented By
Referred To
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Council Eile # � G-�9�
Green Srieet � 39 G
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 properry hereinafter referred to as the "Subject Property" and
commonly l�own as 280 Charles Avenue. This properry is legally described as follows, to wit:
Lot 2, Johnson's Addition to Saint Paul, Ramsey Co., Minn.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Saint Paul Public Health on or before May 3, 1996, the following are the
now known interested or responsible parties for the Subject Property: Fleet Funding, 11200
Parkland Avenue West, Milwaukee, WI 53244, I.oan# 5374535; Fleet Mortgagee Group, 324 West
Evans Street, P.O. Box 100437, Florence, SC 29501, Attn: Mike Jones/Foreclosure Dept.; L,ouise
N. or Henry L. Arrington, 6502 Van Buren Road, Jackson, MS 39213-3027; Daniel W. Peterson
or Gwendolyn L. Corbine, 280 Charles Avenue, St. Paul, MN 55103.
WHEREAS, Saint Paul Public Aealth 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 April 29, 1996; and
WHEREAS, this order informed the then known interested or xesponsible parties that the
structure located on the Subject Properry 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 Properry by May 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 condiuon has not been corrected and Sairn 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 Legislative Code, of the time, date, place and
purpose of the public hearings; and
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, 7uly 2, 1946 to hear testimony and evidence, and after receiving testimony and
evidence, made the recommendarion 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 alterna6ve by demolishing and
removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or
demoliUOn 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, July 10,
1996 and the testunony and evidence including the action taken by the Legislative Hearing Officer
was considered by the Council; now therefore
BE IT RESOLVED, that based upon the testnnony and evidence presented at the above
referenced public heazings, the Saint Paul Ciry Council hereby adopts the following Findings and
Order concerning the Subject Properry at 280 Charles Avenue:
1. That the Subject Properry 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 Properry.
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 Properry 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.
ORDER
The Saint Paul City Council hereby makes the following order:
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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 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 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 againstthe Subject Properry pursuant to the provisions of Chapter 45 of
the Saint Paul Legislative Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all
personal property or fuctures of any kind which interfere with the demolition and removal
shall be removed from the properiy by the responsible parties by the end of this tune 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 L.egislative Code.
���������
Requested by Department of:
B�' ` ���'�r�� � � -
Approved by Mayor Date Z
BY � �- h ..- (�Z'w"'�'�
B f�� /,��a�Z-�-
Form Approved by City Attorney
By: �,� j� ��
Approved by Mayor for Submission to
Council
BY: �i��. � ��
Adopted by Council: Date
Adoption Certified by Counci S etary
--...+�
9`-'�9�
DEPAFTMENT/OFFICE/COUNCIL DATE INITIATED O
GREEN SHEET N_ 33965
Public Health 06-0 -96 INITIAV�ATE INRIAVDATE
CANTACT PEFSON & PHONE m DEPARTMENT DIRECTOR qTY COUNCIL
Charles Votel 295-4153 � ASS�GN '�CINATTOFNEY ��NL (v�R�%,� CIT'CLEflK
MUST BE ON GOUNCIL AGENDA BY (DATE) NUYBER FON BUDGET DIRECTOFi � FIN. & MGT. SERVICES DIR.
ROUTING
ORDER MAVOR (OR ASSISTANT) �
TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATUHE)
ACTION RE�UESTED:
City Council to pass this resolution which will the owner(s) to remove or repair the
referenced building(s). If the owner fails to comply with the resolution, Public Iiealth
is ordered to remove the building. The subject property is located at 280 Charles Avenue.
RECAMMENDA710NS: npprwe (A) or Reject (p) PERSONAL SERVICE CONTRACTS MUST ANSWEFi THE FOLLOWING �UESTIONS:
_ PLANNING CqMMiSSION _ CIVIL SEflVICE COMMISSION �� Has this person/firtn ever wo�ked under a coMrac[ for this tlepartmen[? -
_ CIB COMMrt7EE YES �NO
_ S7AFF Z. Has this person/firm ever been a city employee?
— YES NO
_ DISTRICT COUR7 _ 3. Does this personHirm possess a skill not normally possessed by any curten[ ciry employee?
SUPPORTSWHICHCOUNCILO&IEC7IVE? YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM. ISSUE, OPPORTUNITV (Who, What, Whan, 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 280 Charles Avenue by May 29, 1996, and have failed to
comply with those orders.
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ADVANTAGE$ IF APPROVEO: �� � � � �
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The City will eliminate a nuisance RE . CEIVEQ ����g �����,�`������ ��1f`� �� j���
JUN 7a 7996 ���� �� �
�'.�YG�'� Ofi rn
DISA�VANTAGES IF APPROVED
The City will spend funds to wreck and remove this building(s). These cos£s will be
assessed to the property, collected as a special assessment against the property taxes.
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DISADVANTAGES IF NOTAPPROVED:
A nuisance condition will remain unabated in the City. This buiTc�3ng'�`7""wi�I to
blight the community.
TOTAL AMOUNT OF TRANSACTION $ COST/HEVENUE BUDGETED (CIRCLE ONE) YE NO
$4,000 - $6,000 "
FUNDItdG SOURCE AC7IVITY NUMBER
FINANCIAL INFORMATION� (EXPLAIN)
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I.egislative Hearing Repor[
July 2, 1996
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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 Cavuga
Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Legisiative Aearing 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 resolution, Public Health is ordered to remove the
building.
Legislative Hearing Officer recommended approval.
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SAINT PAUL PUBLIC HEALTH
Xea! Holran, MD., MP.X., Direttor
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CITY OF SAIM' PAUL NUISAhCE BUILDINGS CODE
Norm Coleman, Mayor ENFORCENENT
555 Ced� Stree1
Saint Pau� MN 55101-2260
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June 7, 1996
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
612-298-4153
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:
280 Charles Avenue
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, July 2, 1996
City Council Hearing - Wednesday, July 10, 1996
The owners and responsible parties of record aze:
Name and Last Known Address
Fleet Funding
11200 Pazkland Avenue West
Milwaukee, WI 53244
Loan# 5374535
Interest
Mortgagee
Fleet Mortgagee Group
324 West Evans Street
P.O. Box�100437
Florence, SC 29501
Attn: Mike Jones/Foreclosure Dept.
Louise N. or Henry L. Arrington
6502 Van Buren Road
Jackson, MS 39213-3027
Mortgagee
Fee Owner
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280 Charles Avenue
June 7, 1996
Page 2
Name and Last Known Address Interest
Daniei W. Peterson or Gwendolyn L. Corbine Tax Payer
280 Charles Avenue
St. Paul, MN 55103
The legal description of this property is:
Lot 2, Johnson's Addition to Saint Paul, Ramsey Co., Minn.
City of Saint Paul Ptibiic 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 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 incurred against the real estate as a special assessment to be collected in
the same manner as taxes.
Sincerely,
� � f� �
Charies A. Votel
Program Supervisor
Code Enforcement Programs
Saint Paul Public Health
CAV:mI �
cc: Jan Gasterland, Building Inspection and Design
Philip Miller, City Attomeys Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccard, Fire Marshall
Dan Pahl, PED-Housing Division
MINUTES OF LEGLSLATIVE FIEARING
July 2, 1996
Room 330, City Hall
Gerry Strathman, Legisiative Hearing Officer
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STAFF PRESENT: Mike Budka, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Estate;
Cathy Ries, Real Estate
Gerry Strathman, I.egislative Heazing Officer, called the meeting to order at 10:05 a.m.
Resolution raufying assessment of benefits, costs and expenses for summary abatements for the
following:
J9607TDBC—Property clean up for Fall, 1995
230 Bates Avenue
Guy Willits, Public Health, stated that the property was boarded after a fire and the property owner paid
the contractor directly for his work. The city incurred no expense as a result and he recommended that
the assessment be deleted.
Gerry Strathman, L.egislative 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 Aealth
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 properry 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 properry was again inspected on January 4 and the property was
cleaneci up on January 10, 1996. She did not believe they should be liable for the assessment.
Mr. Strathman recommended deleting the assessment.
Roxanna Fiink, Real Estate, stated that all notifications were sent out per Ramsey County Ta1c Records as
the official property address. If there was a change in address, they wouid need to make this change on
their tax records as well.
662 Geranium Avenue E.
Laid over to July 16 Legislative Hearing.
1061-7087 University Avenue W-Vacant Lots
Joe VanOmum, representing the property owner, appeared and stated that his company had purchased the
Minutes of Legislative Heazing
July 2, 1996
Page - 2 -
property and demolished the building which had been on this proper[y. It had been vacant for over two
years while the company decided on expansion decisions. He was aware that several neighbors made
complaints to Public Health on the condition of the properry. They had attempted to u�aintain the properry
and on the dafe in question, he had d'uected an employee to remove the debris and cut the tall grass and
weeds. He did not believe that the order to clean up the property within 10 days was adeguate 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 charges for the cost of the clean
up.
Mr. Strathman recommended approval of the assessment.
911 Tuscarora
Margaret Taylor, property owner, appeazed and stated that she had purchased the properry from HUD on
January 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 th:s assessment. He had contacted the realtor for HUD and
the realtor indicated that since they no longer owned the property, they were not liable for the assessment.
Mr. Strathman questioned why the assessment had not been conveyed to HUD if the work had been done
in September, 1995 and the closing was in January, 1996. Mr. Willits responded that it could be that Parks
was delinquent in recording the assessments with Real Estate.
Mr. Strathman recommended deleting the assessment.
2. S�mmary/Vehicle abatement appeal for 599 St. Clair and 600 Michigan Street - vacant lot; Joseph
Stepka, properry owner.
Joseph Stepka, property owner, appeared and stated that the properties had been cleaned up and the
vehicles 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 properry.
Mr. Strathman recommended denying the appeal.
3. Smnmary/Vehicle abatement appeal for 848 University Avenue; Deborah Bean, property owner.
No one appeared; recommended denying the appeal.
4. Summary/Vehicle abatement appeal for 848 Mound; Lisa Ouke, property owner.
Lisa Ouke, properry owner, appeared and stated that she received notice to remove or repair a fence on
Minutes of Legislative Hearing
July 2, 1996
Page - 3 -
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her properry. In order to remove the fence, it was necessary to remove some trees and brush which had
grown in between the fence. She removed the fence and subsequenfly 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 time to clean up the debris.
Mr. Strattunan recommended denying the appeal.
Summary/Vehicle abatement appeal for 407 Bay Street; Terrence Tessmen, property owner.
Terrence Tessmen, properiy owner, appeared and stated that he did not believe the city had the right to
enter his properry 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 properry.
Mr. Strathman denied the appeal.
6. Resolution ordering the owner to remove or repair the referenced building, located at 993 Edgerton
Street. If the owner fails to comply with the resolution, Public Health is ardered to remove the
building.
Mike Budka, Public Healtb, stated that the building had been condemned and vacant since 1995. There
had been several sununary abatements against the property and the city had boarded the building. He was
aware that the properry 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. Strathman recommended approvai.
7. Resolution ardering 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.
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 permits had been obtained. The
estimated cost to repair the building was $50,000. He also indicated that he had receaved � 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 properry.
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 pernuts
Minutes of Legislative Heazing
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.
Resolurion ordering the owner to remove or repair the referenced building, located at 186 Cavu�a
treet. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Fay Madison, attorney representing the Bank of America, appeared and stated that the property had been
foreclosed on with the redemption period expiring on July 18, 1996. It was then there intention to convey
the property to HUD. She pointed out, however, that the property was torrens properiy which would
necessitate clearing the title through a court proceeding. She anticipated this would take approximately
four to six months and requested an extension of time.
Mr. Budka reviewed the staff report. The building had been vacant since August, 1995. The estnnated
cost to repair the building was $50,000.
Mr. Strathman recommended approval of the order for demolition.
� 9. J Resolufion ordering the owner to remove or repair the referenced building, located at 280 Charles
v Avenue. If the owner fails to comply with the resolurion, Public Health is ordered to remove the
building.
Larry Zielke, attorney representing Fleet Mortgage, appeared and stated that the properry had been
auctioned at sheriff's sale on 7une 26, 1996 and the redemption period would not expire for another six
months. Once the redemprion period expired, the property would be conveyed to HUD 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 repair the building was $40,000.
Mr. Strathman recommended approval of the order for demolition.
Meeting adjourned at 11:05 a.m.
Legislative Hearing Officer