96-970�RI �'��f��
Presented By
Referred To
Council File # �+ � V
Green Sheet # �� U l �
RESOLUTION
CITY OF SAINT PAUL� MINNESOTA 7L
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Committee: Date
WHEREAS, Saint Paul Public Healffi has requested the City Council to hold public hearings
to consider the advisability and necesity of ordering the repair or wrecking and removal of a two-
story, wood frame dwelling located on properry hereinafter refened to as the "Subject Property" and
commonly known as 803 Buffalo Street. This property is legally described as follows, to wit:
The North 60.68 feet of Lot 5, Block 5, Edmund Rice's Second Addition to the City
of 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 April 25, 1996, the following are the
now known interested or responsible parties for the Subject Properry: Timothy Paul Brausen P.A.,
247 Third Avenue So., Mpls., MN 55415; FBS Mortgage, 1010 Seventh Street South, Mpls., MN
55415-1749, Attn: Greg Olson, Loan# 647668; John W. Deutsch Jr., Prison Id# 184538, Box 55,
Stillwater, MN 55082; Minnesota Housing Finance Agency, 400 Sibley Street Ste. 300, St. Paul,
MN 55101, Re: John W. Deutsch Jr. (loan).
WHEREAS, Saint Paul Public Health has served in accordance with the provisions of
Chapter 45 of the Saint Paul L.egislative Code an order 3dentified 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 ProperCy is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Properry by June 21, 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 corrected and Saint Paul Public Health
requested that the City Clerk schedule public hearings before the I.egislative Hearing Officer of the
City Council and the Saint Paul 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 L.egislative Code, of the tune, date, place and
purpose of the public hearings; and
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WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, August 6, 1996 to heaz testimony and evidence, and after receiving testimony
and evidence, made the recommendarion to approve the request to order the interested or responsible
parties to make the Subject Properry safe and not detrimental to the public peace, health, safety and
welfaze 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 rehabilitarion or
demolition 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, August
14, 1996 and the testimony and evidence including the acuon taken by the Legislative 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 hearings, the Saint Paul City Council hereby adopts the following Findings and
Order concerning the Subject Property at 803 Buffalo Street:
1. 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 violarions at
the Subject Properry.
4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible
parties to correct the deficiencies or to demolish and remove the building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Public Health has posted a placard on the Subject 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 l�own interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
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The Saint Paul Ciry Council hereby makes the following arder:
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1. The above referenced interested or responsible parties shall make the Subject Property safe
and not detrimental to the public peace, health, 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
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 struchue must be completed within fifteen (15) days after the
date of the Council Hearing.
2. If the above corrective action is not completed within this period of time the City of Saint
Paul, Public Health, Housing Code Enforcement Secrion 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 Property 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 which interfere with the demolition 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 Ciry
of Saint Paul shall remove and dispose of such property as provided by law.
4. It is further ordered, that a copy of this resolution be mailed to the owners and interested
parties in accordance with Chapter 45 of the Saint Paul L.egislative Code.
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Requested by Department of:
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Approved by Mayor: Date �i3 "l�
By: �n� ���
L .�_�r . �
Form Approved by City Attorney
By: �..c�.h!' �'"� LYJJ/l 7/�,' 9 G
Approved by Mayor for Submission to
Council
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Adopted by Council: Date �{�
Adoption Certified by Council Secretary
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED O �
Public Health 07-0 -96 GREEN SHEET �- _ 3 3 8 9 6
INITIAVDATE INRIAIJDATE
CONTACT PERSON 8 PHONE ' DEPAfi�MEM DIRECTOR CITV COUNqL
Charles Votel 298-4153 pu��p CITYATfORNEY CRYCLERK
MUST BE ON COUNCIL AGENDA BY (DAT� ���FOR gUDGET D�RECfOR � FIN. & MGT. SEflVICES Dlfl.
�1UJllSt 14 1996 QRDER MAYOR(ORASSISTACIII �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUES7E0:
City Council to pass this resolution which will order the ovmer(s) to remove or repair the
- referenced 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 803 Buffalo Street.
RECOMMENDAT�ONS: Apprwe (A) w Reject (R) pEHSONAL SERVICE CONTflACTS MUS7 ANSW ER THE FOlLOW1tiG �UESTIONS:
_ PLANNING COMMISSION _ CIVIL SEFVICE COMMISSION 1. Has this personlfirm ever worked under a contract for this departmeM
_CIBCqMMI7TEE _ YES NO
_ S7AFF 2. Has this personffirm ever 6een a ciry employee? 7 E p � g
— YES NO yJ�JL� l J �$��
_ DISTRICT COUR7 _ 3. Does this person/Firm possess a skill not normally possessed by any curtent ciry employee?
SUPPORTSWHICHCOUNCILOBJECTIVE? YES NO
Explain all yes answers on separete sheet antl attach to gree �� L�����
INITIATING PROBLEM, ISSUE, OPPORTUNITY (NTO, 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 Enforcement Officer were given an order to
repair or remove the building at 803 Buffalo Street by June 21, 1996, and have failed to
comply with those orders.
ADVANTAGESIPAPPROVED: � �''/��
Y
The City will eliminate a nuisance.
JUL 09 1996
���°� d�"TOR EY
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.
DISA�VANTAGES IF NOTAPPROVED:
A nuisance condition will remain unabated in the City. This build'ing(s) will continue to
blight the community.
TOTAL AMOUNT OFTRANSACTtON $ COS7/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDIHG SOURCE Nll15driCE Housinq Abatement ACTIVITYNUMBER 33261
FINANCIAL INFORMATION: (EXPLAIN)
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Date: Aua st 6, 1996
Tune: 10:00 a.m.
Place: Room 330 City Hali
15 West Kellogg Boulevard
LEGISLATIVE HEARING
Gerry Strathman
I.egislative Hearing Officer
i. Smumary/Vehicie abatement appeal for 559 S. McKnight Road; L.eonard Anderson, property owner.
Legislative Hearing Officer recommended denial of the appeal.
2. Resolution raufying assessment of benefits, costs and expenses for summary abatements for the
following (laid over from July 16, 1996 I.egislative Hearing}:
J9607W--Towing of abandoned vehicles from proper[y from June through December, 1995
846 Ashland Avenue, 758 Englewood Avenue, and 229 Sherbume Avenue.
Legislative Aearing Officer recommended approval of the assessments.
3. Summary/Vehicle abatement appeal for 1008 L.e�ngton Parkway N.; Harry and Tamara Nara,
property owners.
Legislative Hearing Officer recommended denial of the appeal, however, allowing an estension to
August 31, 1996 to make a temporary repair and to March i, 1997 to make a permanent repair.
4. Sunmiary/Vehicle abatement appeal for 770 Ashland Avenue; Robert Porter, property owner.
Legislative Hearing Officer recommended denial of the appeal.
5. Sununary/Vehicle abatement appeai for 1132 Cenual Avenue; Mohammad Shahidullah, properry
owner.
Legislative Hearing Officer recommended denial of the appeal.
6. Suminary/Vehicle abatement appeal for 1081 Hague Avenue; Arthur Hill, property owner.
Legislative Hearing Officer recommended denial of the appeal.
Resolution ordering the owner to remove or repair the referenced building, located at 466 Hopkins
Street. ff the owner fails to compiy with the resolution, Public Health is ordered to remove the
building.
Legislative Hearing Officer recommended ailowing the property owner until January 15, 1997 to
compiete the necessary repairs.
96-97d
L,egislative Hearing Report
August 6, I996
Page - 2 -
8. Resolution ordering the owner to remove or repair the referenced building, located at 854 Euclid
Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the
buiiding.
Legislaiive Hearing Officer recommended allowing the property owner until January 1, 1997 to
complete the necessary repairs.
9. Resolution ordering the owner to remove or repair the referenced building, located at 902 E. Sixth
Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Legislative Hearing Officer recommended allowing until February 6, 1997 to make the necessary
repairs to the property.
10. Resolution ordering the owner to remove or repair the referenced building, located at 803 Buffalo
Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Legislative Hearing Officer recommended the owner be granted 180 days to bring the building
into compliance provided a$2,000 performance bond is posted and pernuts are obtained by
Wednesday, August 14, 1996.
11. Resolution ordering the owner to remove or repair the referenced building, located at 28 0 W•
Maryland Avenue. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
Legislative Hearing Officer recommended approval.
12. Resolurion ordering the owner to remove or repair the referenced building, located at 130-132
W�nifred Streetl489 Bidweil Street. If the owner faiis to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended approval.
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MINLJTES OF LEGISLATIVE HEATtII�TG
August 6, 1996
Room 330; City Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Fstate
Gerry Strathman, Legislative Hearing O�cer, called the meeting to order at 10:00 a.m.
1. Summary/Velucle abatement appeal for 559 S. McKnight Road; Leonard Anderson, properiy
owner.
No one appeared. Recommended denying the appeal.
2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for
the following paid over from July 16, 1996 Legislative Hearing):
J9607W—Towing of abandoned vetricles from property from June through December, 1995
846 Ashland Avenue, 758 Englewood Avenue, and 229 Sherburne Avenue.
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No one appeazed. Recommended approval of the assessment.
758 En le,g wood
No one appeared. Recommended approval of the assessment.
229 Sherburne Avenue
Guy Willits, Public Health, reviewed the staff report and presented pictures of the property.
Chao L.ee, properry owner, appeared with an interpreter. She stated that the truck was damaged in an
accident involving the police. The owners did not understand the orders that they received and they desired
to have their truck returned to them.
Mr. Willits stated that House Calls, an interpreter service, made two visits to the property owners to
explain the order to remove the vehicle as it was inoperable. The owners failed to remove the vehicle and
the city had the vehicle towed.
Gerry Strathman, Legislative Hearing Office, stated that since the ciry had made several attempts to
communicate and gave additional time to comply with the order to remove the vehicle, he recommended
approval of the assessment.
3. Summary/Vehicle abatement appeal for 1008 Leaungton Parkway N.; Harry and Tamara
Nara, property owners.
Mr. Williu reviewed the staff report and presented pictures of the property.
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Minutes of Legislative Hearing
August 6, 1996
Page - 2 -
Tamara Nara, properry owner, appeared and stated that they were requesting an extension to March 31,
1997 to make the repairs as they planned to replace all of the siding on the building as well as replace some
windows. Mr. Nara pointed out that he believed the current siding was asbestos shake and that it would
be impossible to replace at this time.
Chuck Votel, Public Health, suggested that the owners could use roof shingles and possibly paint them
white as a temporary repair until they were able to replace all of the siding.
Mr. Strathman recommended denying the appeal, however, allowing an extension to August 31, 1996 tc
make the temporary repair and an extension to March i, 1997 to make a permanent repair to the buiiding.
4. Sununary/Vehicie abatement appeal for 770 Ashland Avenue; Robert Porter, property owner.
Mr. Willits reviewed the staff report and presented pictures of the property.
Robert Porter, properry owner, appeared and stated that he was appealing the order to remove three
abandoned vehicles on his properry. It was his contention that the vehicles were not abandoned. One of
the vehicles was a Cadillac which he was in the process of restoring and was using parts from the other
Cadiliac. The Geo Storm was being stored on his properiy for a friend who was attending school out of
town.
Mr. Strathman explained the L.egislative Code regarding abandoned vehicles. He recommended denying
the appeal.
5. Summary/Velucle abatement appeal for 1132 Central Avenue; Mohammad Shahiduliah,
property owner.
No one appeared. Recommended denying the appeal.
6. Sutmnary/Vehicle abatement appeal for 1081 Hague Avenue; Arthur Hill, property owner.
No one appeared. Recommended denying the appeal.
7. Resolution ordering the owner to remove or repair the referenced building, located at �
Hopkins Street. If the owner fails to comply with the resolution, Pubiic Health is ordered to
remove the building.
Mr. Votel reviewed the staff report. The building had been vacant since February, 1996 and several
summary abatement notices had been issued. A code compliance inspection was completed on April 9,
1996 and a perfonnance bond was posted on July 15, 1996 which would expire on January 15, 1997. He
was unaware as to whether the owner had applied for permits to begin work on the property.
Michael Wong, property owner, appeared and stated that he had hired a contractor to begin work on the
property, however, he had not obtained the necessary pemuts to date. He pointed out that he had made
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Minutes of I,egislative Hearing
August 6, 1996
Page - 3 -
some initial repairs to the kitchen.
Mr. Strathman stated that since the code compliance inspection had been done and the bond had been
posted, he would allow the owner until January 15, 1997 to complete the repairs to the building.
8. Resolution ordering the owner to remove or repair the referenced building, located at $54
Euclid Street. If the owner fails to comply with the resolufion, Public Health is ordered to
remove the building.
Mr. Votel reviewed the staff report. The building had been vacant since Aprii, 1995. The city had to
board the building and issued severai summary abatement orders. A code compliance inspection was
completed on June 19, 1996 and the performance bond was posted on 7uly l, 1996 which would expire on
January i, 1497. There had been no contact from the properry owner.
The properry owner did not appear.
Mr. Strathman recommended that the owner be given until January i, 1997 to complete the repairs to the
building.
9. Resotution ordering the owner to remove or repair the referenced building, located at g02 E•
Si�h Street. If the owner fails to compiy with the resolution, Public Health is ordered to
remove the building.
Mr. Votel reviewed the staff report. The building had been vacant since 1995 when Fire Prevention
revoked the Certificate of Occupancy. The property was acquired by HUD on July 5, I996.
Mr. Suati�man read a letter he had received from FIUD conceming this property. HUD was requesting
additional time to be able sell the property. It was his opinion that since HUD was maintaining the
property and was actively marketing the building for sale, he recommended allowing until February 6,
1997 to complete the repairs to the building.
10. Resolution ordering the owner to remove or repair the referenced building, located at $Q�
Buffalo Street. If the owner fails to comply with the resolution, Public Aealth is ordered to
remove the building.
Mr. Votel reviewed the staff report. The building had been vacant since November, 1995. The city had
boarded the building and there had been several summary abatement orders issued against the property.
He had just been informed that a code compliance inspection was applied for on July 31, 1996.
The property owner did not appear.
Mr. Strathman recommended the owner be allowed 180 days to bring the building into compliance
provided the $2,000 performance bond was posted and permits obtained by the Councii meeting on August
14, 1996.
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Minutes of I,egislative Iiearing
Aua st 6, 1946
Page - 4 -
il. Resolution ordering the owner to remove or repair the referenced buililing, located at 820 W.
Marv�nd Avenue. If the owner fails to comply wifh fhe resolution, Public Health is ordered
to remove the building.
Mr. Votel reviewed the staff report. The building had been vacant since August, 1995. There had been
three summary abatement notices issued against the properry. The cost to repair the building was estimated
at $20,000 and the cost to demolish the building was $6,000.
John Kelly, attomey representing First Union Mortgage, appeazed and requested additional time to be able
to convey the building to HUD. Ae stated that there was a sherifPs sale scheduled for August 16, 1996
and it would take approxunately 45 days from that date for HUD to assume ownership.
Three individuals appeazed who were interested in acquiring the property.
Mr. Stratluuan stated that given the complicated legal status of the property, he recommended approving
the order for demolition.
12. Resolution ordering the owner to remove or repair the referenced building, located at 13d_132
Winifred Street/489 Bidwell Street. If the owner fails to comply with the resolution, Public
Health is ordered to remove the building.
Mr. Votel reviewed the staff report. The building was condemned in 1993 by Fire Prevention and had
been vacant since that time. There had been 12 summary abatement notices issued against the property.
He noted that there were several lien holders against the properry and that there had been no direct contact
from the properry owner as to their intentions for the building. The estimated cost to repair the building
was $100,000 and the cost to demolish was $15,500.
The property owner did not appear.
Mr. Strathman recommended approvai of the order for demolition.
Meetin� adjourned at 10:45 a.m.
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L.egislative He`aring O�cer
. .
SAINT PAUL PUBGC HEALTH
Neal Xo[tart. MD., MP.N., Director
�C- ��?o
CITY OF SAINT PAUL NUISANCE BUILDINCS CODE
Norm Coleman, Mayor ENFORCEAII�NI
SSS Cedm Sceet
Sa'net Pau( MN SSI07-2260
i
July 5, 1996
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
672-298-4153
Saint Paul Public Health, Vacant/Nuisance 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:
803 Buffalo Street
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, August 6, 1996
City Council I�earing - Wednesday, August 14, 1996
The owners and responsible parties of record aze:
Name and Last Known Address
Timothy Paul Brausen P.A.
247 Third Avenue So.
Mpls., MN 55415
Interest
Attorney for Mortgagee
FBS Mortgage
1010 Seventh Street South
Mpls., MN 55415-1749
Attn: Greg Olson
Loan# 647668
Mortgagee
John W. Deutsch Jr. Fee Owner
Prison Id# 184538
BOX $S
Stillwater, MN 55082
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803 Buffalo Street
July 5, 1996
Page 2
Name and Last Known Address Interest
Minnesota Housing Finance Agency Mortgagee
400 Sibley Street Ste. 300
St. Paul, MN 55101
� Re: John W. Deutsch Jr. (loan)
The legai description of this property is:
The North 60.68 feet of Lot 5, Block 5, Edmund Rice's Second Addition to
the City of St. Paul.
City of Saint Paul Public Health has declared 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 coaecting the deficiencies
or by razing and removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It is
the recommendation of Public Health that the City Council pass a resolution ordering the
responsible parties to either repair, or demolish and remove this building in a timely
manner, and failing that, authorize Public Health to proceed to demolition and removal, and
to assess the costs incurred against the real estate as a special assessment to be collected in
the same manner as taxes.
Siqeerely,
k�'�� � �
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