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96-845�'�I�!�� . , �� RESOLUTION OF SAIN,T �'AUL, MINNESOTA Presented By Referred To Committee: Date � WF�REAS, 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 three- story, wood frame dwelling with a detached, two-vehicle, wood frame gazage and dog kennel and house located on properry hereinafter referred to as the "Subject Property" and commonly l�own as 891 Edmund Avenue. This properiy is legally described as follows, to wit: Lot 10, Block 3, Joseph R. Weide's Sth Addition to St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or before May 17, 1996, the following aze the now known interested or responsible parties for the Subject Property: Tom J. Dryke, 2625 West Fifth Street, Duluth, MN 55805; Andy's Disposal Service, 781 Englewood Avenue, St. Paul, MN 55104; Donald Halver, 2485 Cannabury Dr. No. 114, Litt1e Canada, MN 55117. WHEREAS, Saint Paul Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated May 14, 1996; and WHEREAS, this arder informed the then known interested or responsible 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 Property by June 13, 1996; and VVHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health requested that the City Clerk schedule public hearings before the L,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 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 16, 1996 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the communiry 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 a11 applicable codes and ordinances. The rehabilitauon or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and Council File # 9�- gyS Green Sheet # �3 ``l� �;�� I�� `� G�-�r�S WHEREAS, a hearing was held before the Saint Paul City Council on VJednesday, 3uly 24, 1996 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RFSOLVED, 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 Property at 891 Fdmund Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislarive 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 Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then lrnown 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 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: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze 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. t-, ; - ''� r �;`�; "� i ; `: + ` 1 ; '-i � . s � v f � 'd � ...� 2 3 4 5 6 7 9 10 11 12 13 14 q�-Py5 2. If the above correcfive 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 aze 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 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 all personal properry 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. BY=��, �.. 1�►\i��a.n A Approved by Mayor: Date � BY= /"� F �TC� Requested by Department of: � J � / Form Approved by City Attorney By. �,� �, ' "I �� y�2�� Approved by Mayor for Submission to Council B `�u � ,�� a.dopted by Council: Date � Adoption Certified by Council Se retary at_-�r�ts DEPAflTMENT/OFFICFJCOUNCIL DATE INRIATED N O 3 3 9 7 2 Public Health 06-2 -96 GREEN SHEET _.__ -- INITIAVDATE INITIAWATE CONTACT PERSON 8 PHONE . OEPA0.TMENT DIRECTOR GITY CAUNG�I Charles Votel 298-4153 /`� � ��N CT'ATfORNEY µ y,�v�(qb cmc�aK MUSTBE ON CAUNCILAGENDA BV (DATE) � pO�N UDGET OIflEGTO O FlN. & MGT SERVICES DIFi. July 24, 1996 ORDEF tnnvorifoanss�s'ruai] Q TOTAL # OF SIGNATURE PAGES (CLIP AlL LOCATIONS FOR SIGNATURE) AGTON REQUESTED: City Council to pass this resolution which will order the owner(s) to remove or repair the re£erenced building(s). If the oumer fails to comply with the resolution, Public Aealth is ordered to remove the building. The subject property is located at 89i Edmund Avenue. RECOMMENDATIONS: Approve (A) or Reject (P) PERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: __ PUWNING COMMISSION _ CNIL SEPVICE COMMISSION t Has this person/firm ever worketl under a coMrect for [his department? - __ CIB CqMMITTEE _ YES NO _ S7AFF 2. Has this person/firm ever been a city employee? — YES NO _ UIS7RICT CAUFT _ 3. Does this person(firm possess a skill �ot normally possessed by any current cily empioyee? SUPPOHTSWHICHCOUNCILO&IECfIVE? YES NO Explain all yes answers on separete sheet anA attach to green sheet INITIATING PROBL€M. ISSUE, Q PPORTUNI7Y (Wlw, What, Whan, Where. W�y : This building(s) is a nuisance builc�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 891 Edmund Avenue by June 13, 1996, and have failed to comply with those orders. �� ;�ti, 8 - �� ADVANTAGES IFAPPFlOVED: � The City will eliminate a nuisance. ��5�;!.; �; ��v' �`�;� �� r � p p ti��e �� 3.i�� L O �3�� 1 , ` - i � r" � �. � � r �F7�'�i,�.�5 ��'e� �w. �- L b b� �1 [� ��., 4 � �.;. DISADVANTAGES IF APPROVED: ' 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. Co��cs1 �� C��t�r JUL � � '��i�� DISADVANTAGES IF NOTAPPROVED: A nuisance condition will remain unabated in the City. This building(s) wiTT to blight the community. $8,000 - $10,000 TOTAL AMOUNT OF TRANSACTION $ COST/HEVENUE BUDGETE� (CIRCLE ONE) YES NO Nuisance Aousing Abatement 33261 FUNDIfdG SOURCE ACTIVITY NUMBER FINANCIAL WFORMATION� (EXPLAIN) I,egislative Hearing Report July 16, 1996 Page - 2 - q�_�rys 2. Summary/Vehicle abatement appeal for 1132 Central Avenue W.; Mohammad Shahidullah, properry owner. Legislative Heariug Officer recommended denial of the appeal. 3. S�mmary/Vehicle abatement appeal for 484 W. VJinona Street; Yvonne Riley, properry owner. Legislative Hearing Officer recommended extension to September 1, 1996. 4.. Resolution ordering the owner to remove or repair the referenced building, located at 436 Case Avenue. If the owner fails to comply with ffie resolution, Public Health is ordered to remove the building. Legisiative Hearing Officer recommended approval. � 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 Heaith is ordered to remove the building. Legislative Hearing Officer recommended approval. 6. Resolution ordering the owner to remove or repair the referenced building, located at 579-581 Desoto Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 7. Resolution ordering the owner to remove or repair the referenced building, located at 452 E. Page Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 8. Resolution ordering the owner to remove or repair the referenced building, located at 664 Surrev Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. SAINT PAUL PUBLIC HEALTH Nea! Holtm�, M1J., bLP.X., Director q�-Pys C17Y Of SAiI�iT PAUL NULS,yVCE BUILDINGS CODE Norm Coleman, Mayor ENFORCEMFXI' S55 Ced� Streel Samt Pavl, ASl5Sl01-2260 i June 21, 1996 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council 612-2981153 Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the Ciry Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 891 Edmund Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 16, 1996 City Council fiearing - Wednesday, 3uly 24, 1996 The owners and responsible parties of record aze: Name and Last Known Address Tom J. Dryke 2625 West Fifth Street Duluth, MN 55805 Interest Fee Owner Andy's Disposal Service 781 Englewood Avenue St. Paul, NIN 55104 Donaid Halver 2485 Cannabury Dr. No. 214 Little Canada, MN 55117 The legal description of this property is: Lien Holder Real Estate Agent Lot 10, Block 3, Joseph R. Weide's Sth Addition to St. Paul. �`-�45 891 Edmund Avenue June 21, 1996 Page 2 City of Saint Paul Pubiic 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 corcecting tlae 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, a� , � � , Charles 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 Mazshall Dan Pahl, PED-Housing Division 01-93 MINUTES OF LEGISLATIVE HEARING ` _ o�� July lb, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Heaith; Roxanna Flink, Real Estate; Cathy Ries, Real Estate Gerry Strathman, L.egislative Heazing Officer, called the meeting to order at 10:00 a.m. 1. Resolution ratifying assessment of benefits, costs and expenses for suinmary 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 Health, reviewed the staff report and presented a picture of the property. Ananda Liyanapathiranage, properiy 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 Health and Mr. Vinge agreed that the vehicle should not have been towed. He recovered the vehicie from the impound lot and paid all of the charges. He requested that the assessment be deleted and that he be reimbursed for the costs for towing the vehicle. Gerry Strathman, Legislative Hearing Officer, recommended deleting the assessment. He suggested that the properry owner file a claim with the City Attorney's Office to recover the cost of the towing. 992 Desoto Street Public Health recommended deleting the assessment. 1230 Edgerton Street Pubiic Health recommended deleting the assessment. 12 Geranium Avenue No one appeared; recommended approval. 662 Geranium Avenue No one appeared; recommended approval. .. . . . . . . . _ . . . . . . . _ I Minutes of Legislative Hearing July 16, 1996 Page - 2 - 1515 Hauge Avenue No one appeared; recommended approval. 840 Jessamine Avenue No one appeared; recommended approval. 888 Juno Avenue Pablic Health recommended deleting the assessment. 1395 Lafond Avenue No one appeared; recotnmended approval. 607 Lawson Avenue Mr. Willits reviewed the staff report. Greg Copeland, properiy owner, appeared and stated that he had recenfly purchased the properry and was unaware that tkere was a pending assessment for removal of a vehicle. He contacYed the impoun@ lot and discovered that the vehicle was sold for $650 which would more than cover the cost for the $160 towing charge. He requested that the assessment be deleted. Mr. Strathman recommended deleting the assessment. I2I5 Magno[ia Avenue Public Health recommended deleting the assessment. 271 Maria Avenue Public Health recommended deleting the assessment. 432 Michigan Street No one appeared; recommended approval. 722 W. Minnehaha Avenue Public Health recommended deleting the assessment. Minutes of Legislative Hearing July 16, 1996 Page - 3 - 1183 Norton Street No one appeared; recommended approval. 366 W Ki� Street q� Chuck Votel, Public Health, stated that the owner was not notified of the abatement as the Runsey County tax records did not have the conect PIN number for this properry. He recommended deleting the assessment. Mr. Strathman recommended deleting the assessment. 221 E. Page Street No one appeared; recommended approval. 1353 Pa�r►e Avenue Mr. Willits reviewed the staff report. Steven Mazk, property owner, appeared and stated that he had not received the notice to remove the vehicle as the building was vacant at that tnne. He made numerous requests to change his address with Ramsey County Ta�cation and they had failed to make the change. He presented certified copies of the receipts he had received from Taxation indicating that he had made this request. It was not until7uly, 1995 that the change of address was made to the tax records by Ramsey Counry. Mr. Strathman recommended deleting the assessment. 7306 Rice Street Mr. Willits reviewed the staff report and presented pictures of the property. 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 arrangemenu 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 city had removed the vehicle. He requested that the assessment be reduced. Mr. Strathman recommended reducing the assessment to $40 since the vehicle had been sold at auction and some monies had been recovered. 1 : ' � No one appeared; recommended approval. Minutes of Legislative Aearing July 26, 1996 Page-4- t RR9 Ct_ Anthony Avenue No one appeared; recommended approval. 1702 4t. ('lair Avenue Mazk Wallin, property owner, appeared at the meeting. Mr. Willits stated that the owner had recovered the vehicle and paid the towing charges. He recommended deieting the assessment. NIr. Strathman recommended deleting ihe assessment. 1820 E 7th Street No one. appeared; recommended approval. 1826 Summit Avenue No one appeared; recommended approval. 622 Wells Street Mr. Wiliits 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 neazby 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. 870 Woodbri�e 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. �t�-B�5 Minutes of I,egislative Hearing July 16, 1996 Page - 5 - 961 Thoma� Avenue No one appeared; recommended approval. �16 N H�el Street Mr. Willits reviewed the staff report and showed a video of the properry. Richazd Bradley, tenant of the propercy, appeared and stated that he had cleaned up the property and he considered the items which were removed to be theft of his property. The items which were sitting by the garbage were scheduled to be picked up by the trash hauler the foilowing day. Mr. Strathman stated that since notice had been received and items which were ordered to be res�oved were stili on the properry, he recommended approval of the assessment. 694 Western Avenue Public Health 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 I,egislative Hearing: 846 Ashland, 758 Englewood and 229 Sherburne. He requested the following address be laid over the August 20, 1996 i.egislative Hearing: 950 �uller. Mr. Strathman recommended approval. 2, SuiumarylVehicle abatement appeal for 1132 Central Avenue W.; Mohammad Shahidullah, property owner. No one appeared; recommended denying the appeal. 3. Sunmiary/Vehicle abatement apgeal for 484 W. Winona Street; 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 determination on removai of the gazage. 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 June 28, 1996. He believed that they had had adequate time to make a deternunation 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 Cas. g Avenue. If the owner 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 $21 Edmund Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. No one appeared; recommended approvaI. 6. Resolution ordering the owner to remove or repair the referenced building, located at 579-581 . Desoto Street. If the owner fails to comply with the resolution, Public Health is ordered to - remove Yhe 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 properry owner, Beulah Pechacek. Mr. Chenier stated that ttie owner was wiliing to allow the ciry to purchase the building under the Selective Clearance Program. He had been in contact with Kay Wittgenstein, Public Health and Mary Hanson, PED, who indicated to him that there was preliminary approval to purchase the building for $15,000 plus relocation costs. He also requested that the owner be reimbursed for the cost of the code compiiance inspection that had not been completed. 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 Clearance 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 ti�at the owner was requesting an additional three months time Yo be able Yo relocate and remove her possessions from the property. Mr. Votel indicated that the building was condemned and the owner had To fmd other living accommodations immediately and if Public Health found her living at this proper[y, they would remove her to Runsey Hospital. Mr. Votel also indicated that he would request LIEP to refund the $125 for the code compiiance inspection that was not completed. Mr. Suathman recommended approval of the order for demolition. 7. Resolution ordering the owner to remove or repair the referenced building, located at 452 E. Paee Street. If the owner faits to comply with the resoiurion, Pubtic Health 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 estunated cost to repair the building was $30,000. Jerry Carrier, representing West Side Neighbothood Housing, appeared and stated that they had acquired the property through foreclosure. He requested that the building be demolished as ffiey did not have Minutes of Legislative Hearing July 16, 1996 Page - 7 - funding to cover the cost to remove the buitding. Mr. Strathman recommended approval of the order for demolition. q1�-8�45 8. Resolution ordering the owner to remove or repair the referenced building, located at �f¢4 S�iirrev Avenue. If fhe owner faiis fo compiy witii fhe resoIution, Public Heaith is ordered to remove the buiIding. Carol Carey, representing Upper Swede Hollow Neighborhood Association, owner of the property, appeared and stated that they did not have the necessary resources to make the required repairs to the bnilding in a timeIy manner. Doug Nelson appeared and stated ihat he was interested in purchasing and rehabilitaung the building. Mr. Stratliman recommended approval of the order for demolition. Meeting adjourned at 11:15 a.m. Gerry St fathman, L.egislati've Hearing Officer