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96-843�Ri� r � � ! ; 'v �° � � �� Council Fi1e # .3f -�� Green Sheet # �� �O_ \ Presented By _. Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: Date Q. l0 3 WHEREAS, Saint Paul Public Health has requested the Ciry 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 Properry" and commonly known as 436 Case Avenue. This properiy is legally described as follows, to wit: Lot 15, and the North 8 feet of L,ot 14, Block 8, Edmund Rice's First Addition to St. Paul; except the West 53 feet thereof. WHEREAS, based upon the records in the Ramsey County Recorder's Office and informadon obtained by Saint Paul Public Health on or before May 10, 1996, the following are the now Irnown interested or responsible parties for the Subject Properry: Claudie Adams, 556 County Rd. C. West, Roseville, MN 55113; Toua C. Yang, 7242 Morgan Avenue North, Brookyln Center, MN 55430; Ramsey County, 50 West Kellogg Blvd. Ste. 315, St. Paul, MN 55102, Re: Toua & Choua Yang. WHEREAS, Saint Paul Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order idenufied as an "Order to Abate Nuisance Building(s)" dated May 8, 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 7une 7, 1996; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to consutute a nuisance condition; subject to demolirion; and VJHEREAS, this nuisance condition has not been coaected and Saint Paul Public Health requested that the City Clerk schedule public hearings before the Legislative Heazing 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 i � �� T ��������� p.2a�3 q`-ty3 WHEREAS, a heating was held before the I.egislative Hearing Officer of the Saint Paul City Council on Tuesday, 7uly 16, 1996 to hear testimany 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 commnn;ty by rehabilitating ttus 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 demolifion 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 24, 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 heariugs, the 5aint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 436 Case Avenue: i. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative 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 Properiy. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect 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 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 Irnown interested parties and owners aze 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: r F..� h f ' �" � � 4°��';�� 3��� q( , . . � � p. � 2 4 S 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 the public peace, health, safety and welfare 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 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 shucture must be completed within fifteen (15) days aftez the date of the Council Hearing. If the above correcuve action is not completed within this period of time the Ciry 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 Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 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 wluch interfere with the demolition and removal shall be removed from the properry by the responsible parties by the end of this time period. If a11 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 resoluuon be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. $Y � � �� s ��1�J1�... , /� Approved by Mayor: Date By: / "�1�- �if'�1 Requested by Department of: By: �2c'� C�`��� Form Approved by City Attorney B �.�:.� o�� � �.�,�, c�lz� I�� { Approved by Mayor for Submission to Council B �'� K ��� Adopted by Council: Date � Adoption Certified by Council S etary 9�-8y3 DEPARTMENT/OFFICFJCAUNqL DATE INRIATED N� 3,3 9 6 9 ���� Health 06-2 -96 GREEN SHEET __ _ _ __ INITiAf10ATE INiTIqUDATE CINJTACf PEii50N & PHONE DEPAfiTMEM DIRECTOR CRY COUNCIL Charles Votel 298-4153 /�. � pSg�GN �CffYATfOflNEY /''� (� 2��� CITYCLERK � NUYBERFOP MUST 8E ON COIiNqL AGENDA BY (DAlE) ROUi1NG BUOGEf DIAECTOA O FlN. & MGT. SEAVICE D1R. July 24, 1996 ORUER MAYOR(OflASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTEp: City Council to pass this resolution which will order [he owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Public Aealth is ordered to remove the buildi.ng. The subject property is located at 436 Case Avenue. RECOMMENDAnONS: Approva (A) w Reject (n) PERSONAL SERVICE CONTRACTS MUST ANSW ER TF4E FOLIOWING Qi3EST10NS: _ PLqNNING CqMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/Firm ever worked urWer a coMract for Mis departmenP? - _ CIB COMMfifEE _ YES NO _ STAFF 2. Has this person/firm ever been a city employee? — YES NO _ DISTRIGTCOURT _ 3. �oCSthiS ISOn�fm pe (wssess a skill nnt aormally passessetl by aoy curzent city empioyea? SUPPORTS WHICH COUNCIL O&IEClIVE? YES NO Explafn all yes answers on separate sheet and attach to green sheet INITIATING PflOBLEM, ISSUE, q PPGIRTUNITV (Who, N/hel. When. Wpere„4yyiy]: This building(s)' is a nuisance buiLCiing(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 436 Case Avenue by June 7, 1996, and have failed to comply with those orders. ADVANTAGES IFAPPROVED: The City will eliminate a nuisance. rv- =�>-::-_.. %� y� � :' � ,>'' , _ �EG�4'd�fl � � L "�-�_ y �� �� �:; dUN 2g 1996 u�s`� ?�. iv>�; � ��� 3 �AY€��'S Cs��f�£ ? � �� .�, ' sa �, � �r ����� � c���:�, �, 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. �OVAU1tlbE9 ks2:`�"�,�iSsPt E�d'vSy�vr t�°§ JUL 0 � I�Sb OISADVANTAGES IF N0T AAPROYED: A nuisance condition will remain unabated in the City. Thi's"'litYi3ding(s)--..will�inue to blight the community. $5,000 - $7,000 TOTAL AMOUNT OFTRANSACTION $ COST/REVENUE BUDGETED (CIHCLE ONE) YES NO Nuisance Housing Abatement 33261 FUNDIHG SOURCE ACTIVI7Y NUMBER FlNANCIAL INFORMATION. (E%PLAIN) Legislative Hearing Report Tuly 16, 1996 Page - 2 - ol�,-$�13 2. Summary/Vehicle abatement appeal for 1132 Central Avenue W.; Mohammad Shahidullah, properry owner. Legislative Hearing Officer recommended denial of the appeal. 3. S�mmary/Velucle abatement appeal for 484 W. Winona Street; Yvonne Riley, properry owner. Legislative Aearing Of�cer recommended elrtension to September 1, 1996. (41 Resolution ordering the owner to remove or repair the refezenced building, located at 436 Case v Avenue. If the owner fails to comply with the resolution, Publ"ac Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 5. Resolution ordering the owner to remove or repair the referenced building, located at 891 Edmund Avenue. If the owner fails to comply with the resolution, Public Aealth is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove or repair the referenced building, located at 579-581 Desoto Sueet. If the owner fails to comply with the resoluuon, Public Health is ordered to remove the build'vng. Legislative Hearing Officer recommended approval. 7. Resolution ordering the owner to remove or repair the referenced building, located at 452 E. PaQe Street. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Legi5lative Hearing Of�cer recommended approval. 8. Resolution ordering the owner to remove or repair the referenced building, located at 664 Surrev Avenue. If the owner faiis to compiy with the resolution, Public Aealth is ordered to remove the building. Legislative Hearing Officer recommended approval. SAINT PAUIPUBLIC HEA�TH Ned Holrmr, MD., M.P.H., Director �ic•��3 CITY OF SAINT PAUL xorsn,vcs surzDrvcs cooE Norm Colemars, Mayor fiNFORCEMFXf S55 Cedtv Street Sabit Par� MN SSI07-2260 � June 21, 1996 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council 612-298-4153 Saint Paut Pubiic Health, VacantlNuisance Buildings Enforcement Unit has requested the City Council schedule public heazings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 436 Case Avenue The City Council has scheduled the date of these heazings as foilows: Legislative Hearing - Tuesday, July 16, 1996 City Council Hearing - Wednesday, July 24, 1996 The owners and responsible parties of record aze: Name and Last Known Address Interest Claudie Adams 556 County Rd. C. West Roseviile, MN 55113 Toua C. Yang 7242 Morgan Avenue North Brookyln Center, MN 55430 Ramsey County 50 West Kellogg Blvd. Ste. 315 St. Paul, MN 55102 Re: Toua & Choua Yang Fee Owner Taxpayer Judgment Creditor of Yangs °i (�-�'4 3 436 Case Avenue June 21, 1996 Page 2 T'he legal description of this property is: Lot 15, and the North 8 feet of Lot 14, Block 8, Edmund Rice's First Addition to St. Paul; except the West 53 feet thereof. City of Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defaned 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 HeaIth 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, �-� .�� ,�- ��' Charles A. Votel Program Supervisor Code Enforcement Progams Saint Paul Public Health CAV:mI cc: 3an 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 MINVI'ES OF LEGISLATIVE HEARIIVG �� J �� � July 16, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health; Roxanna Fiink, Real Estate; Cathy Ries, Real Estate Gerry Strathman, Legislative Heazing O�cer, called the meeting to order at 10:00 a.m. 1. Resolution ratifying assessment of benefits, costs and expenses for snrumary abatements for the following: J9607A--Properiy clean up, snow removal and/or sanding walks, for February through April, 1996 J9607B--Boarding up of vacant buildings for February, 1996 J9607C--Demolition of vacant buildings for March, 1996 _ J9607V--Towing of abandoned vehicles from property from June through December, 1995 1895 Bush Avenue Guy Willits, Public Heaith, reviewed the staff report and presented a picture of the property. Ananda Liyanapathiranage, property owner, appeared and stated that the vehicle should not have been towed as he had obtained the license tabs and they were displayed on the vehicle. He spoke with Maynard Vinge in Public Heaith and Mr. Vinge agreed that the vehicle should not have been towed. He recovered the vehicle from the impound lot and paid all of the charges. He requested that the assessment be deleted and that he be reitnbursed for the costs for towing the vehicle. Gerry Strathman, Legislative Hearing Officer, recommended deleting the assessment. He suggested that the properry owner file a ciaun with the City Attorney's Office to recover the cost of the towing. 992 Desoto Street Public Health recommended deleting the assessment. 1230 Edgerfon Street Public Health recommended deleting the assessment. 12 Geranium Avenue No one appeared; recommended approval. 662 Geranium Avenue No one appeared; recommended approval. Minutes of Legislative Heazing July 16, 1996 Page - 2 - 1515 Hauee Avenue No one appeared; recommended approval. 840 Jessamine Avenue No one appeared; recommended approval. :: � P(iblic Health recommended deleting the assessment. 1395 Lafond Avenue No one appeared; recommended approval. 607 Lawson Avenue Mr. Willits reviewed the staff report. Greg Copeland, properiy owner, appeared and stated that he had recently purchased the property and was unaware that there was a pending assessment for removat of a vehicle, He contacted the impound lot and discovered that the velucle was sold for $650 wluch wouId more than cover the cost for tfie $I60 towing charge. He requested that the assessment be deleted. Mr. Sirathman reconunended deleting the assessment. 1215 Ma�r►olia Avenue Public Health recommended deleting the assessment. 271 Maria Avenue Public Health recommended deleTing the assessment. 432 Michigan Sfreet No one appeared; recommended approval. 722 W. Minnehaha Avenue Public HeaIth recommended deleting the assessment. q�-��3 Minutes of Legislative Hearing July 16, 1996 Page - 3 - 1183 Norton Street No one appeared; recommended approval. 366 W Kina Street Chuck Votel, Public Health, stated that the owner was not notified of the abatement as the Ramsey County tax records did not have the conect PIN number for this property. He recommended deleting the assessment. Mr. Strathman recommended deleting the assessment. 221 E. Page Street No one appeared; recommended approval. 1353 Pay.ne Avenue Mr. Willits reviewed the staff regort. Steven Mark, properiy owner, appeazed and stated that he had not received the notice to remove the vehicle as the building was vacant at that time. He made numerous requests to change his address with Ramsey County Taxarion and they had failed to make the change. Ae presented certified copies of the receipts he had received from TaYation indicating that he had made this request. It was not until July, 1995 that the change of address was made to the tas records by Ramsey County. Mr. Strathman recommended deleting the assessment. 1'�n5 Rice Street Mr. Willits reviewed the staff report and presented pictures of the properry. He indicated that the vehicle had been sold at auction. Bernie Brodkorb, property owner, appeared and stated that he had received the notice to remove the vehicle. He had made arrangements to have the vehicle removed and had not realized that this individual had not taken it until he received notice of the assessment that the ciry had removed. the vehicle. He requested that the assessment be reduced. Mr. Strathman recommended reducing the assessment to $40 since the vehicle had been soid at auction and some monies had been recovered. 1 : • � No one appeared; recommended approval. Minutes of Legislative Hearing July 16, 1996 Page - 4 - t RR9 St AnthonX Avenue No one appeared; recommended approval. 1702 St Clair Avenue Mark Wallin, properly owner, appeared at the meeting. Mr. Willits stated that the owner had recovered the vehicle and paid the towing charges. He recommended deleting the assessment. Mr. Strathman recommended deleting the assessment. 1820 E. 7fh Street No one appeazed; recommended approval. 1826 Summit Avenue No one appeared; recommended approval. 622 Wells Street Mr. Willits reviewed the staff report and showed a video of the property. Willard Henning, properiy owner, appeared and stated that ice builds up on his sidewalk due to runoff from a nearby commercial building. He had purchased the building last year and was not equipped to remove the ice from the walk. He had since purchased equipment to handle the problem. Mr. Strathman recommended approval of the assessment. S70 Woodbridge Street No one appeared; recommended approval. 661 York Avenue No one appeared; recommended approval, 1711 Yorkshire Avenue Public Health recommended deleting the assessment. 1012 E Third Street Public Health recommended reducing the assessment to $160 as one vehicle had been recovered. q(� - g� 3 Minutes of Legislative Hearing 7uly 16, 1996 Page - 5 - 961 Thomac Avenue No one appeared; recommended approval. 1416 N Hazel Street Mr. Willits reviewed the staff report and showed a video of the property. Richard Bradley, tenant of the property, appeared and stated that he had cleaned up the property and he eonsidered the items which were removed to be theft af his property. The items which were sitting by the garbage were scheduled to be picked up by the uash hauler the foilowing day. Mr. Strathman stated that since notice had been received and items which were ordered to be removed were still on the property, he recommended approval of the assessment. 694 Western Avenue Public Heaith recommended reducing the assessment to $160 as one vehicle had been recovered by the owner. Mr. Willits requested laying over the following addresses to the August 6, 1996 Legisiative Hearing: 846 Ashland, 758 Englewood and 229 Sherburne. He requested the following address be laid over the August 20, 1996 L,egislative Hearing: 950 Fuller. Mr. Strathman Lecommended approvai. 2. Suiuu►ary/Vehicle abatement appeal for 1132 Central Avenue W.; Mohammad Shahidullah, property owner. No one appeared; recommended denying the appeal. 3. Suinmary/Vehicle abatement appeal for 484 W. Winona S�eet; Yvonne Riley, property owner. Mr. Willits reviewed the staff report and presented pictures of the property. Yvonne Riley, property owner, appeared and requested an extension of time to obtain bids on repairing the garage or deteimination on removal of the garage. She believed she had sent a letter to Public Health requesting until October 31, 1996 to remove or repair the garage. Mr. Strathman stated that the record indicated they had received the order to remove or repair the garage in November, 1995 and were given an extension until March, 1996 and then another extension to 3une 28, 1996. He believed that they had had adequate time to make a deternvnation and he granted an extension to September i, 1996 to remove or repair the garage. 4. Resolution ordering the owner to remove or repair the referenced building, located at 436 Case Av n. If the awner fails to comply with the resolution, Public Health is ordered to remove the building. Minutes of Legislative Hearing July 16, 1996 Page-6- No one appeared; recommended approval. 5. Resolution ordering the owner to remove or repair the referenced building, located at $QI Fdmund Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. No one appeazed; recommended approvat. 6. Resolution ordering the owner to remove or repair the referenced building, located at 579-581 Desoto Street. If the owner fails to wmply with the resolution, Public Health is ordered to - remove the building. Mr. Votel reviewed the staff report. The building was condemned in April, 1995 and had been vacant since March, 1995. The estimated cost to repair the building was $60,000. A code compliance inspection was applied for in May, 1996 but had not been done. Ed and Jean Cherrier appeared on behalf of the property owner, Beulah Pechacek. Mr. Cherrier stated that the owner was willing to allow the city to purchase the building under the Selective Clearance Program. He had been in contact with Kay Wittgenstein, Public Health and Mary Hanson, PED, who iadicated Yo him that there was preliminary appzoval to purchase the building for $15,000 plus relocarion costs. He also requested that the owner be reimbursed for the cost of the code compliance inspection that had not been compieted. Mr. Willits stated that he spoke with Ms. Wittgenstein and she indicated that the building was condemned and the owner was still living in the building. The building was recommended for demolition under the Selective Cleazance Program and she was working with the owner to relocate her, however, the owner did not have the resources necessary to move, Mr. Cherrier stated that the owner was requesting an additional three months time to be able to relocate and remove her possessions from the property. Mr. Votel indicated that the building was condemned and the owner had to find other living accommodations immediately and if Public Health found her living at this property, they would remove her to Ramsey Hospihal. Mr. Votel also indicated that he wou2d request LIEP to refund the $125 for the code compliance inspection that was not completed. Mr. Strathman recommended approval of the order for demolition. 7. Resolufion ordering the owner to remove or repair the referenced buitding, located at 452 E. PaQe Street. If the o�vner fails to comply with the resolution, Public Aealth is ordered to remove the building. Mr. Votel reviewed the staff report. The building was condemned in August, 1995 and vacant since September, 1995. The estimated cost to repair the building was $30,000. Jerry Carrier, representing West Side Neighborhood Housing, appeared and stated that they had acquired the property through foreclosure. He requesYed that the building be demolished as they did not have a�-��3 Minutes of Legislative Hearing July 16, 1996 Page - 7 - funding to cover the cost to remove the building. Mr. Suathman recommended approval of the order for demolition. Resolution ordering the owner to remove or repair the referenced building, located at ¢�4 urey Avenue. If the owner fails fo comply with the resolution, Public Health is ordered to remove the building. Carol Carey, representing Upper Swede Hollow Neighborhood Association, owner of the property, appeared and stated that they did noi have the necessary resources to make the required repairs to the bnilding in a timely manner. Doug Nelson appeared and stated that he was interested in purchasing and rehabilitating the building. Mr. Strathman recommended approval of the order for demolition. Meeting adjourned at 11:15 a.m. Gerry St�athman, I,egislative Hearing Officer