96-798�RfGI��L
RESOLUTION
CITY
Presented By
Referred To
Council File
Green Sheet
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Committee: Date
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SI
R'HEREAS, Saint Paul Public Heaith 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, stucco, wood frame dwelling located on property hereinafter referred to as the "Subject
Properry" and commonly l�own as 993 Fdgerton Street. This properry is legally described as
follows, to wit:
Lot 1, EXCEPT the West 47.65 feet thereof, Block 9, Fairview Addition to the City
of St. Paul, Minnesota.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Saint Paul Public Health on or before April 25, 1996, the following are the
now known interested or responsible parties for the Subject Property: Ronald M. & Janet S. Pierre,
674 I,awson Avenue East, St. Paul, MN 55106.
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 April 18, 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 May 20, 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 conected and Saint Paul Public Health
requested that the City Clerk schedule public hearings befare the L.egislative Hearing Officer of the
City Council and the Saint Paul Ciry 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 tnne, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the L.egislative Hearing Officer of the Saint Paul Ciry
Council on Tuesday, 7uly 2, 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 Properry safe and not detrimental to the public peace, health, safery 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
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WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 10,
1996 and the testimony and evidence including the acuon taken by the Legislarive Hearing Officer
was considered by the Council; now ffierefore
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 Properiy at 993 Eclgerton Street:
1. That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2. That the costs of demolidon 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 VacandNuisance Buildings
Code Enforcement Program.
8. That the known interested parties and owners aze as previously stated in this
resolution and that the notificauon 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
and not detrunental 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 alternauve by demolishing and removing the
structure in accardance with all applicable codes and ordinances. The rehabilitation ar
demolirion and removal of the structure must be completed within fifteen (15) days after the
date of the CouncIl Hearing.
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2. If the above corrective acuon is not completed within this period of time the City of Saint
Paul, Public Health, Housing Code Enforcement Secuon 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 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 fixtures of any ldnd which interfere with the demolirion 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 properry 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.
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Requested by Department of:
By:�.� � .�►.v�..e..�_
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Approved by Mayor: Date � 6�
By: �lC __�f'luwvJ
SY: G�.s�/G�t /.�t /J=��t__"'
Form Approved by City Attorney
By: � ry I� / �/ WW�
Approved by Mayor for Submission to
Council
By: '� � ��
Adopted by Council: Date ��
Adoption Certified by Counci Se etary
9(.- 7q �1
DEPAFiTMENT/OFFlCE/COUNGR DATE INITIATE� O � �
P���� Health 06-07-96 GREEN SHEET N_ _3.3962
�Nmnuonre _ wmama'rE
CONTACT PERSON & PHONE pEPARTMENt DIRE �R CT' GOUNqI
Charles Votel 298-4153 /`. / � f[�_�/�t/96
VV p���N CIi'YATfORNEV CITYCLEflK
MUST BE ON CAUNCIL AGENDA 8Y (DA'fE) NUYBFF FOfl BUOGET OIRECTOR O FIN. & MGT. SEiiVIGES DIR.
POVf�NG
July 10, 1996 °A° MAYOR(ORASSISTANn �
TOTAL # OP SIGNATURE PACaES � (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION qE�UESTED:
City Council to pass this resolution which will order the owner(s) to remove or repair the
referenoed 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 993 fidgerton
Street.
PECOMMEND/mONS: Appmva 1A) w Rejeet (R) pEHSONAL SERVICE CONTRACTS MUST ANSWEq TNE FOLLOWING QUESTIONS:
_ PLANNING CAMMISSION _ pViL SERVICE CAMM�SSION �� Hd5 }his pBrSOMim1 eVEr worked untler a COMfdC! fp1 this department? -
_ Cf8 CoMMIT7EE YES NO
_ 57nFF 2. Has this person/Nrm ever been a ciry employee?
— YES NO
_ DISTRICTCpURT _ 3. Does this pefSOn/fiRn
possess a sK�n not no�maly possessad by any current ciry empbyee?
SUPPpq7$ WHICH GOUNCIL OBJECTNE7 YES NO
Explafn a11 yes answers on separote sheet and atteeh to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNRY (Wl�a, 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 Enforceme�nt Officer were given an order to
repair or remove the building at 993 Edgerton Street by May 20, 1996, and have failed to
comply with those orders.
ADVANTAGES IFAPPROVED: `
The city wi1.� eliminate a nuisance. JUN �41J9S ��� �3 ��j�l�
P�1r�,Yt3�'�Q�FiC£ �R- °' ����'r„�
a G`a a i � a
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.
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DISADVANTAGES IF NOTAPPPOVED:
d�n�i3
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A nuisance condition will remain unabated in the City. This building(s) will continue to
blight the community.
TOTAL AMOUNT OF THANSACTION $ COST/REVENUE BUDGETEp (CIRCLE ONE) YES NO
FUNDINGSOURCB *T�•iS2ilC° Rausing�atemPnt ACTIVITYNUMBER z326i
FINANCIAL INFORMATION. (EXPLAIN)
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REPORT Date: Iuly 2, 1496
Tune: 10:00 a.m.
Piace: Room 330 City Hall
15 West Kellogg Boulevard
LEGISLATIVE HEARING
Gerry Suathman
Legislative Hearing Officer
1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the
following:
J9607TDBC--Property clean up for Fall, 1995
Legislative Hearing Officer recommended approval with the following esceptions:
230 Bates Avenue (J9607B) delete assessment
Vacant lots connected with 1950 West 7th St. (J9605A) delete assessment
911 Tuscarora (J9607TDBC) delete assessment
2. Summary/Velucle abatement appeal for 599 St. Clair and 600 Michigan Street - vacant lot; Joseph
Stepka, properry owner.
Legislative Hearing Officer recommended denial of the appeal.
3. Summary/Vehicle abatement appeal for 848 University Avenue; Deborah Bean, property owner.
Legislative Heazing Of�cer recommended denial of the appeal.
4. Summary/Vehicle abatement appeal for 848 Mound; Lisa Ouke, property owner.
Legislative Hearing Officer recommended denial of the appeal.
5. Summary/Vehicle abatement appeal for 407 Bay Street; Terrence Tessmen, properry owner.
Legislative Hearing Officer recommended denial of the appeal.
� Resoluuon ordering the owner to remove ar repair the referenced buildiag, located at 993 Ed¢erton
S reet. If the owner faiLs to compiy with the resolution, Public Health is ordered to remove the
buiiding.
Legislative Hearing Officer recommended approval.
SAINT PAUL PUBLIC HEALTH
Nea! Holtmr, M.D., M.P.H., Directos
9 (.-'i `1 �
CITY �F SAINT PAUL NULUWCE BUZLDINGS CODE
Norm Co[emars, Mayor EIVFORCF.MEN?
SSS Cedaj Street �
Samt Pau; MN Si107-2260
i
June 7, 1996
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
612-248-4153
Saint Paul Public Health, VacanUNuisance 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:
993 Edgerton Street
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
Ronald M. & Janet S. Pierre
674 Lawson Avenue East
St. Paul, MN 55106
Interest
Fee Owner
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The legai description of this property is:
Lot 1, EXCEPT the West 47.65 feet thereof, Block 9, Fairview Addition to the
Ciry of St. Paul, Minnesota.
Ciry 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 condition by correcting the deficiencies
or by razing and removing this building(s).
�(
993 Edgerton Street
June 7, 1996
Page 2
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 tunely
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,
� � �� �
Chazles 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 Zaccazd, Fire Mazshall
Dan Pahl, PED-Housing Division ,
01-93
N�VUTES OF LEGISLATIVE HEARING
July 2, 1996
I2oom 330, City Hall
Gerry Strathman, Legislative Hearing Officer
5l
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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 Hearing Officer, called the meeting to order at 10:05 a.m.
1. Resolution ratifying assessment of benefits, costs and expenses for sununary abatements for the
following:
J9607TDBC--Properry clean up for Fall, 1995
230 Bates Avenue
Guy Willits, Public Health, stated that the properry 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 Heazing 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 properiy 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 properry was
cleaned up on January 10, 1496. She did not believe they should be liable for the assessment.
Mx. Strathman recommended deleting the assessment.
Roxanna Flink, Real Estate, stated that all notifications were sent out per Ramsey County Tax Records as
the o�cial properry address. If there was a change in address, they would need to make this change on
their tax records as well.
662 ('.eranium Avenue E.
I.aid over to July 16 Legislarive Hearing.
1061-1087 University Avenue W: Vacant Lots
Joe VanOrnum, representing the property owner, appeared and stated that his company had purchased the
Minutes of Legislative Hearing
July 2, 1996
Page-2-
properry and demolished the building which had been on this properry. It had been vacant for over two
years while the company decided on e�ansion decisions. He was aware that several neighbors made
complaints to Public Health on the condition of the property. They had attempted to maintain the property
and on the date in qnestion, 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 befieve 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, appeared and stated that she had purchased the property 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 property 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 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, I995 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�tmmary/Vehicle abatement appeal for 599 St. Ctair and 600 Michigan Street - vacant lot; Joseph
Stepka, properry owner.
Joseph Stepka, properry owner, appeared and stated that the propezties 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 property.
Mr. Suathman recommended denying ttie appeal,
3. Summary/Vehicle abatement appeal for 848 Universiry 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, property owner, appeared and stated that she received norice to remove or repair a fence on
Minutes of Legislative Hearing
July 2, 1996
Page - 3 -
° I G-'1 °tY
her property. 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 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, properry 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. Strathman denied the appeal.
( 6. ) Resolution ordering the owner to remove or repair the referenced building, located at 993 Ed e� rton
�"� Street. If the owner fails to comply with the resolution, Public Health is ordezed to remove the
building.
Mike Budka, Public Aealth, stated that the building had been condemned and vacant since 1945. There
had been several siunmu•y abatements against the property and the city had boazded the building. He was
awaze that the property was the subject of a divorce proceeding, however, there had been no contact from
the property owners. The estunated costto repair the building was $50,000.
No one appeazed.
Mr. StratUn�an recommended approval.
7. Resolution ordering the owner to remove or repair the referenced building, located at 524 Fdmund
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 properry, however, a code compliance
inspection had not been done, the bond had not been posted and no pernuts had been obtained. The
estimated cost to repair the building 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 tt�at 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 i80 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 Legislarive Hearing
July 2, 1996
Page - 4 -
were obtained by Wednesday, 7uly 10, 1996. If Mr. Vang failed to comply, the building would be
recommended for demolition.
8. Resolution ordering the owner to remove or repair the referenced building, located at 186 Cavuga
Str et. 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 properry had been
forecIosed 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 properry which wouid
necessitate cleazing the tifle through a court proceeding. She anticipated this would take approximately
four Yo six months and requested an extension of time.
Mr. Budka reviewed tiie staff report. The building had been vacant since August, 1995. The esrimated
cost to repair the building was $50,000.
Mr. Strathman recommended approval of the order for demolition.
9. Resolutaion ordering tfie 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.
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 redemprion period would not expire for another six
months. Once the redemption period expired, the properry 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
Meeting adjoume@ at 11:05 a.m.
Legislative Aearing Officer