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96-847�q ( r '� � � � �� M �r� �� ,� ��y�p'�Council File # �� ! i� � � V Green Sheet # �� RESOLUTION CITY OF AINT PAUL, MINNESOTA SD Presented By : '��.,,P� t �,,�,,,,_ Referred To Committee: Date 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 property hereinafter refened to as the "Subject Property" and commonly known as 664 Surrey Avenue. This properry is legally described as follows, to wit: Lot 20, Block 50, Lyman Daytons Addition to the City of Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or before Apri125, 1996, the following are the now known interested or responsible parties for the Subject Property: Upper Swede Hollow Neighborhood Assoc., 668 Greenbrier Street, St. Paul, MN 55106, Attn: Carol Carey; Aaron Rubenstein, Heritage Preservation Commission, % LIEP, 350 St. Peter #300, St. Paul, MN 55102. 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 22, 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 22, 1996; and VJHEREAS, 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 corrected and Saint Paul Public Health requested that ttie City Clerk schedule public heazings before the Legislative 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 5aint 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, 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 Aearing; and \f�f� �l� \FI " .t 4 f ti !�. � qG-�� 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.egislarive 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 Properry at 664 Surrey Avenue: L That the Subject Properry 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 dollazs ($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 laiown responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul Ciry Council hereby makes the following order: 1. The above referenced interested or responsible parties shall 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 and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with a11 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ardinances. The rehabilitation or demoliuon and removal of the structure must be completed within �"�. �*...�°^��`-,-days after the date of the Council Hearing. V �'we�.� nn�a..�d\ �,_ . . qG ��7 2. If the above corrective action is not completed within tlus period of time the City of Saint Paui, 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 ffie provisions of Chapter 45 of the Saint Paul Legislarive Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fixtures of any ldnd which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this tune 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 properiy 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. Requested by Department of: By: Approved by Mayor: Date d� G{�o By. d /�. � � �� i a> Form Approved by City Attomey By: � � �� b��ti� Approved by Mayor for Submission to Council By: � � �G �� Adopted by Council: Date � Adoption Certified by Counci Se etary q� • P'4� oEP PUblic F Heal th` o6-Z DAT9E�INRIATED GREEN SHEET _N_ 3.3967 CONTACT PERSON 8 PHONE INITIAVOATE INRIAL/DAiE Charles Votel 298-4153� DEPAR'fMENTDIRECTOfl ITYCOUNCIL � ASSWN CfttATTORNEY ^�` (f L") Ajb CITYCLERK MUST BE ON CqUNCIL AGENDA BY (DATE) pp�� O gUDGET DIFECTOfl � flN. & MGT. SERVICES DIR July 24, 1996 OfiDER MAVOk(ORASSISTANT) Q TOTAL # OF SIGNATURE PAGES ( (CLIP ALL LOCATIONS FOR SIGNATUREj ACTION flE�UESTED: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to coiaply with the resolution, Public Health is ordered to remove the building. The subject property is located at 66a Surrey Avenue. qECqMMENDAnONS: Approva (A) a Rejeet (R) pEflSONAL SERVICE CONTRACTS MUST ANSWER THE POILOWING OUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE CAMMISSION �� H35 this persONfirtn BvBr Wo�ked ultdBr a coMrnct fOf thi5 department? - _ CIB COMMITTEE YES 'NO _�, 2. Has Ihis persOn/firm ever been a city emplayee? — YES NO _ DISTRICT COUaT _ 3. Does this persontfirm passess a skGl not normally possessed 6y any curre�t city emptoyea? SUPPORTS WHICH CAUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet antl attech to green sheet INITIATING PRpqLEM, ISSUE, OPP�RTUNITY (Wtw, Wfiat, When. Where, Why �. This building(s)' is a nuisance buil�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 664 Surrey Avenue by May 22, 1996, and have failed to comply with those orders. A�VANTAGE6IFAPPROVED: . J �.._, �� F �,� F �_ ` i ° The City will eliminate a nuisance. ;;� av� tBE.�;Et'��f ��`� =`� i�� J�� 2 8 1996 � ;,; ".'i.-z�'`'�`,� e' � :.�s�YC�t�°S �FFI�E �� DfSADVANTAGES 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. bJiiiCiOL� ' s `F ��' ' u�eti(tie�n44 5�y,3* ::a:d JUL C� � "�y�� DISADVANTAGES IF NO7APPROVED' A nuisance condition will remain unabated in the City. Thi b in � inue to blight the community. $8,000 - $10,000 TO7AL AMOUNT OF 7RANSACTION $ COS7/REVENUE BUDGETED (CIRCLE ONE) ES NO Nuisance Housing Abatement 33261 FUNDIHG SOURCE ACTIVITY NUMBEH FINANCIAL INFORMATION: (EXPLAIN) SAiNT PAUL PUBLIC HEALTH Neal Xolwn, MD., MP.X., D'uectar �M�� `� CITY OF SAINT PAUL NUISANCE BUILDINGS CODE Norm Coteman, Mayor ENFORCEMENf 555 Cedm Street Samt Paui, MNSSIOI-2260 i June 21, 1996 NOTICE OR PUBLIC HEARINGS Council President and Members of the City Council 671-298d153 Saint Paul Public Health, Vacant/Nuisance Buiidings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ardering the repair or removal of the nuisance building(s) located at: 664 Surrey Avenue The, City Council has scheduled the date of these heazings as follows: Legislative Hearing - Tuesday, 3uly 16, 1996 City Councii Hearing - Wednesday, July 24, 1996 The owners and responsible parties of record aze: Name and Last Known Address Interest Upper Swede Hollow Neighborhood Assoc. 668 Greenbrier Street St. Paul, MN 55106 Attn: Carol Cazey Aazon Rubenstein Heritage Preservation Commission % LIEP 350 St. Peter #300 St. Paul, MN 55102 Fee Owner Historic Preservation °1 G - �' y'� 664 Surrey Avenue June 21, 1996 Page 2 The Iegal description of this property is: Lot 20, Block 50, Lyman Daytons Addition to the City of Saint Paul. City of Saint Paul Public Health has declared this buitding(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 eluninate this nuisance condition by conecting 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 Pubiic 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, °� � � �'�� Chazles A: �/otel 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, AssistanC Secretary to the Council Steve Zaccazd, Fire Mazshall Dan Pahl, PED-Housing Division O1-93 Legislafive Hearing Report 7uly 16, 1996 Page - 2 - °� C -�y � 2. SummaryNehicle abatement appeal for 1132 Centrai Avenue VJ.; Mohammad Shahidullah, property owner. Legislative Hearing Officer recommended denial of the appeal. 3. Summary/Vehicle abatement appeal for 484 W. Winona Sueet; 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 the resolu6on, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove ar repair the referenced building, located at 891 Edmund Avenue. If the owner fails to comply with the resolntion, Public Health is ordered to remove the building. Legislative Hearing Of�cer recommended approval. Resolution ordering the owner to remove or repair the referenced building, located at 79- 81 Desoto Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove or repair the referenced building, located at 452 E. Pa *�-e Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. � Resolution ordering the owner to remove or repair the referenced building, located at 664 5urrev ve ue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Of�cer recommended approval. q��y MINUTES OF LEGISLATIVE HEARING July 16, 1996 Room 330, City Hall Gerry Strathman, Legisiative Hearing Officer STAFF PRFSENT: Chuck Votel, Public Health; Guy Willits, Public Health; Roxanna Flink, Reai Estate; Cathy Ries, Real Estate Gerry Strathman, Legislative Hearing Officer, calied the meeting to order at 10:00 a.m. 1. Resolution ratifying assessment of benefits, costs and e:Qpenses for summary abatemenfs for the following: J9607A--Property clean up, snow removal and/or sanding walks, for February through AprIl, 1996 J9607B--Boarding up of vacant buiidings for February, 1996 J9b07C--Demolition of vacant buildings for March, 1996 - J9607V--Towing of abandoned vehicles from properry from June through December, 1995 1895 Bush Avenue Guy VJillits, Public Health, reviewed the staff report and presented a picture of the property. Ananda Liyanapathiranage, property ownez, appeazed and stated that the vehicle should not have been towed as he had obtained the license tabs and they were displayed on the vehicle. Ae spoke with Maynard Vinge in Public Health and Mr. Vinge agreed that the velucle 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 reimbursed for the costs for towing the vehicle. Gerry Strathman, I.egislative Hearing Officer, recommended deleting the assessment. He suggested that the property owner file a ciaim 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 Public Health recommended deleting the assessment. 12 Geranium Avenue No one appeared; recommended approvai. 662 Geranium Avenue No one appeared; recommended approval. Minutes of Legislative Hearing July 16, 1996 Page - 2 - I525 Hauge Avenue No one appeared; recommended approval. 840 Jessamine Avenue No one appeared; recommended approval. �:�:�ILRT�:B�II� Pnblic Health recommended deleting the assessment. 1395 Lafond Avenue No one appeared; recommended approval. 607 Lawson Avenne Mr. Willits reviewed the staff report. Greg Copeland, property owner, appeared and stated that he had recenfly purchased the property and was unawaze that there was a pending assessment for removal of a vehicle. He contacted the impound lot and discovered that tke vehicle was sold for $650 which would more than cover the cost for the $160 towing chazge. Eie requested that the assessment be deleted. Mr. Strathman recommeaded deleting the assessment. 1215 Magnolia Avenue Pubiic Health recommended deleting the assessment. 271 Maria Avenue Public Heaith recommended deleting the assessment. 432 Michigan treet No one appeared; recommended approval. 722 W Minnehaha Avenue Public Health recommended deleting the assessment. a�-�� Minutes of Legislative Hearing July 16, 1996 Page - 3 - 1183 Norton Street No one appeared; recommended approval. '�F6 W Kin� Street Chuck Votel, Public Health, stated that the owner was not notified of the abatement as the Ranasey County tax records did not have the correct PIN number for this properry. He recommended deleting the assessment. Mr. Strathman recommended deleting the assessment. 221 E. Page Street No one appeared; recomznended approval. 1353 Pa�ne Avenue Mr. Willits reviewed the staff report. Steven Mark, property 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 Counry Taxation and they had failed to make the change. Ae presented certified copies of the receipts he had received from Tazcation indicating that he had made this request. It was not until July, 1995 that the change of address was made to the taY records by Ramsey County. Mz. Strathman recommended deleting the assessment. 1306 Rice Street Mr. Williu reviewed the staff report and presented pictures of the property. He indicated that the vehicle had been sold at auction. Bernie Brodkorb, properiy owner, appeared and stated that he had received the notice to remove the vehicle. He had made arrangements to have the vehicie 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. 1028 Ross No one appeared; recommended approval. Minutes of Legislative Heazing July 16, 1996 Page-4- ::' i � � No one appeared; recommended approval. �7m .St_ ('lair Avenne Mark Wallin, property owner, appeared at the meeting. Mr. Wiilits stated that the owper had recovered the vehicle and paid the Yowing charges. He recommended deleting the assessment. 1vlr. Strathman recommended deleting the assessment. 1820 E. 7th Street No one appeared; recommended approval. 1826 Sunmit Avenue No one appeared; recommended approval. 622 �'Vells Street Mr. Willits reviewed the staff report and showed a video of t8e property. Willard Henning, property owner, appeared and stated that ice builds up on his sidewalk due to runoff from a ttearby commercial building. He had purchased tfie 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 tfie assessment. : I �� No one appeared; recommended approval. 661 York Avenue No one appeared; recommended approval. 1711 Yorkshire Avenue Public HeaIth recommended deleting the assessment. 1012 E Third Street Public Health recommended reducing the assessment to $160 as one vehicle had been recovered. Minutes of Legislative Hearing July 16, 1996 Page - 5 - Q61 Thomas Avenue No one appeared; recommended approval. 1416 N Hazel Street Mr. Willits reviewed the staff report and showed a video of the property. qc� - a�� Richard Bradiey, tenant of the properry, appeared and stated that he had cleaned up the properiy 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 following day. Mr. Strathman stated that since notice had been received and items which were ordered to be removed were stiil on the property, he recommended approval of the assessment. 694 Western Avenue Public Health recommended reducing the assessment to $160 as one vehicle had been zecovered by the owner. Mr. Willits requested laying over the following addresses to the August 6, 1996 L,egislative Heazing: 846 Ashiand, 758 Englewood and 229 Sherburne. He requested the following address be laid over the August 20, 1996 I,egislative Hearing: 950 Fuller. Mr. Strathman recommended approval. 2, Summary/Vehicle abatement appeal for 1132 Central Avenue W.; Mohammad Shahidullah, property owner. No one appeared; recommended denying the appeai. 3. Summary/Vehicle abatement appeal for A84 W. Winana Street; Yvonne Riley, property owner. Mr. Willits reviewed the staff report and presented pictures of the properry. Yvonne Riley, property owner, appeared and requested an extension of time to obtain bids on repairing the garage or detem�ination on removal of the garage. She believed she had sent a letter to Public Health requesting unul October 31, 1996 to remove or repair the garage. Mr. Strathman stated that the recozd indicated they had received the order to remove or repair the garage in November, 1945 and were given an extension until March, 1996 and then another extension to June 28, 1996. He believed that they had had adequate tune to make a deternrination and he granted an extension to September 1, 1996 to remove or repair the garage. 4. Resolution ordering the owner to remove or repair #he referenced building, located at 4'i6 Avenue. If the owner fails to comply with the resolution, Public Aealth is ordered to remove the building. Minutes of Legislative Hearing JuIy 16, 1996 Page-6- No one appeared; recornmended approval. Resolution ordering the owner to remove or repair the referenced building, located at $2?� �dmund Avenue. If the owner fails to comply with fhe resolutioa, Public Health is ordered to remove the building. No one appeare@; recommended approval. Resolution ordering the owner to remove or repair the referenced building, located at 7- 1 Desoto Street. If the owner fails to comply wiffi the cesolution, 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 Wiitgenstein, Public FIealtiz and Mary Hanson, PED, who indicated to him that there was preliminary approval to purchase the building for $15,000 plus relocauon costs. He also requested that the owner be reimbursed for the cost of the code compliance 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 stilt living in the buitding. The building was recommended for demolition under the Selecfive 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 that the owner was requesting an addifional three months time to be able to relocate and remove her possessions from the properiy. 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 properry, they wouid remove her to Ramsey F�ospital. Mr. Votel also indicated t�'�at he would 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. Resoiution ordering the owner to remove or repazr the referenced building, located at 452 E• Pa�e Street. If the owner fails to comply with the resolution, Public HeaIth 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 I�ousing, appeared and stated that they had acquired the propezry through foreclosure. He requested that the building be demolished as they did not have Minutes of Legislative Hearing July 16, 1996 Page - 7 - funding to cover the cost to remove the building. Mr. Strathman recommended approval of the order for demolition. �i�-8�i� 8. Resolution ordering the owner to remove or repair the referenced building, located at �4 Surrgy Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Carol Carey, representing Upper Swede Hoilow 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 tunely manner. Doug Nelson appeared and stated that he was interested in purchasing and rehabilitating the buiiding. Mr. Strathman recommended approval of the order for demolition. Meeting adjoumed at 11:15 a.m. Gerry Stfathman, Legislati've Hearing Officer