96-973� � � � � � �
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Presented By
Council File # � �t�4�
- � �-
Green Sheet # �
RESOLUTION
CITY OF SAINT PAUL, MI�,VNESOTA
:
Referred To % Committee: Date
1 WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings
2 to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-
3 story, wood frame dwelling located on properry hereinafter referred to as the "Subject Property" and
4 commonly known as 820 Maryland Avenue VJest. This property is legally described as follows, to
5 wit:
6 L.ot 7, Wallraff's Como Place.
7
8 WHEREAS, based upon the records in the Raznsey County Recorder's Office and
9 information obtained by 5aint Paul Public Health on or before June 19, 1996, the following aze the
10 now Irnown interested or responsible parties for the Subject Properry: First Union Mortgage,
11 150 Fayetteville Mall, 15 Floor, Raleigh, NC 27604, Attn: Andrea Green; David B. & Cynthia A.
12 Moses, 1774 County Rd. T., Haznmond, WI 54015; Lawrence A. Wilford, O'Neil, Burke et. al.
13 LTD., 55 East Sth Street, Norwest Center Ste. 800, St. Paul, MN 55101.
14
15 WAEREAS, Saint Paul Public Health has served in accordance with the provisions of
16 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance
17 Building(s)" dated May 31, 1996; and
18
19 WHEREAS, this order informed the then lrnown interested or responsible parties that the
20 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
21
22 WHEREAS, this order informed the interested or responsible parties tbat they must repair or
23 demolish the structure located on the Subject Property by July 1, 1996; and
24
25 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring
26 this building(s) to constitute a nuisance condition; subject to demolition; and
27
28 WHEREAS, this nuisance condiuon has not been corrected and Saint Paul Public Health
29 requested thatthe City Clerk schedule public hearings before the I,egislative Hearing Officer of the
30 City Council and the Saint Paul City Council; and
31
32 WHEREAS, the interested and responsible parties have been served notice in accordance
33 with the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the tune, date, place and
34 purpose of the public hearings; and
35
36 WHEREAS, a hearing was held before the Legislauve Heazing Officer of the Saint Paul City
37 Council on Tuesday, August 6, 1996 to hear testimony and evidence, and after receiving testimony
38 and evidence, made the recommendation to approve the request to order the interested or responsible
39 parties to make the Subject Property safe and not detrimental to the public peace, health, safety and
40 welfare and remove its blighting influence on the community by rehabilitating this structure in
41 accordance with all applicable codes and ordinances, or in the alternative by demolishing and
42 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or
43 demolition of the structure to be completed within fifteen (15) days after the date of the Council
44 Heazing; and
� `-9�3
VJHEREAS, a hearing was held before the Saint Paul City Council on VJednesday, August
14, 1996 and the testimony and evidence including the acfion 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 820 Maryland Avenue West:
1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul
I,egislauve Code, Chapter 45.
2. That the costs of demolirion 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 Properry.
4. That an Order to Abate Nuisance Building(s) was sent to the then lrnown 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 Properiy which declazes it to
be a nuisance condition subject to demolition.
7. That this building has been routinely monitored by the VacanUNuisance 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 5ubject Progerty 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 accardance wiffi all applicable codes and ordinances. The rehabilitation or
demolition and removal of the structure must be completed within fifteen (15) days afrer the
date of the Council Hearing.
�! G-9�3
2. If the above corrective 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 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 I.egislative Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all
personal properry or fiartures of any kind which interfere with the demolition and removal
shall be removed from the properiy by the responsible parties by the end of ttus time period.
If all personal properiy 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 interesYed
parties in accordance with Chapter 45 of the 5aint Paul Legislative Code.
���$������
BY�� .- Z , 1'--
Approved by Mayor: Date Z 7
By: /�f, A� ���%W.GtO
Requested by Department of:
L� � -
Form Approved by City Attorney
By �� ��. /11 � rs'g�
Approved by Mayor for Submission to
Council
BY� �� � _��'y�
Adopted by Council: Date
Adoption Certified by Council Secretary
� �. -9�3 '�
DEPARTMENT/pFFICE/COUNCIL DATE INRIATED Q
P���� Aealth 07-0 -96 GREEN SHEET N- _33898
� INRIAUDATE -- - WITNLIDAIE
CONTACT PERSpN & PHONE DEPARTMENT DIREC70R RV GOUNGIL
Charles Votel 298-4153
ASSIGN CfiYATTORNEY CITVCLERK
MUST BE ON CpUNCIL AGENDA BV (OATE) NUMBER FON gUDGET ��FiECTOR � FlN. & MCai SERVICES Olfl.
flOVfING
p.l2CJi15� �.4 1996 �OER MAYOA(ORASSISTAtJn O
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR�
ACTION AEQUESTE�:
City Council to pass this resolution which will order the ocaner(s) to remove or repair the
referenced building(s). I£ the owner fails to comply with the resolution, Public Health
is ordered to remove the building. The subject property is located at 820 Maryland Avenue
West.
RECAMMENDAnONS: npprove (A) w Reject (R) pERSONAL SEFiVICE CONTRACTS MUST ANSWER THE FOLLOW�NG �UES710NS:
_ PUWNINCa COMMISSION _ CIVIL SEqVICE COMMISSION �- Ha5 thi5 pef50�fin eVet WOfked Undef 2 COntfdCt f0! [hi5 dBp �
_ CIB COMMITTEE
YES NO
_�� 2. Has this person/firm ever been a city employee?
— YES NO JUL t� 1996
_ OIS7HIC7 COU(iT _ 3. Does this personRirm possess a skilt not irormally possessed by an curtaM e �
Y �Y ��Nee.
SUPPORTSWHICHCOUNCILO&IECTNEI YES NO tFeqM . p•���ypyg�
Expiain ell yes answers on seperate sheet and attach to gre s v a �"�'
INITIATING PROBLEM, ISSUE. OPPORTUNITY (Who, Whet, When, Whare. 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 Enforoement Officer were given an order to
repair or remove the building at 820 Maryland Avenue West by July 1, 1996, and have failed
to comply with those orders.
ADVANTAGES IFAPPROVED: `��rQq
r �u
The City will eliminate a nuisance.
JUL 09 1996
C�TY ATT(� EY
DISADVANTAGES IFAPPROVED:
The City will spend funds to wreck and remove this building(s). These costs wi11 be
assessed to the property, collected as a special assessment against the property taaces.
DISADVANTA6ESIF NOTAPPROVED:
A nuisance condition will remain unabated in the City. This building(s) will continue to
blight the community.
TOTAL AMOUNT OF TRANSACTION $�,c ;o_�g �•+��—_ COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO
FUNDINGSOURCE NUiSariCB HOUS�riQ Abatement ACTIVITYNUMBER 33261
FINANCIAL INFORMATION: (EXPUIIN)
n
SAINT PAUL PUBLIC HEALTH
Neal Holtars, M.D., M.P.H., Director
°l �, - 9'1 �
C(TY OF SAINT PAUL NUISANCE BUlLDINGS CODE
Norm Caleman, Mayor ENFORCEMENT
555 Cedar Street
Saint Pmr� MN 5510l-2260
i
July 5, 1996
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
612-798-4153
Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the
City Council schedule public hearings to consider a resolution ordering the repair or
removal of the nuisance building(s) located at:
820 Maryland Avenue West
The CiTy Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesdap, August 6, 1996
City Council Hearing - Wednesday, August 14, 1996
The owners and responsible parties of record aze:
Name and Last Known Address
First Union Mortgage
150 Fayetteville Mall, 15 Floor
Raleigh, NC 27604
Attn: Andrea Green
Interest
Mortgagee
David B. & Cynthia A. Moses
1774 County Rd. T.
Hammond, WI 54015
Lawrence A. Wilford,
O'Neii, Burke et. al. LTD.
55 East Sth Street
Norwest Center Ste. 800
St. Paul, MN 55101
Fee Owner
Attorney for Mortgagee
_ .�� a-�,���� ���"
.�€�i � � '�v�
°I�- 9�3
820 Maryland Avenue VJest
7uly 5, 1496
Page 2
The legal description of this property is:
Lot 7, Wallraffls Como Piace.
City of Saint Paul Pubiic Heaith has declared this building(s) to constitute a"nuisance" as
defined by Legisiative Code, Chapter 45. Public Heaith 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 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.
Sineerely,
F �'^'-"�.� � 'f! �. :
�� C a
f� Y� �
Charles A.. Yotei
Program Supervisor
Code Enforcement Programs
Saint Paul Public Health
CAV:mI
cc: Jan Gasterland, Building Tnspection and Design
Philip Miiler, City Attorneys Office
Nancy Andezson, Assistant Secretary to the Council
Steve Zaccard, Fire Marshall
Dan Pahl, PED-Housing Division
01-93
a�-q�3
., ...
Date: August 6, 1996
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Boulevard
LEGISLATIVE FiEARING
Gerry Strattunan
Legisiative Hearing Officer
i. Summary/Vehicle abatement appeai for 559 S. McKnight Road; i.eonard Anderson, property owner.
Legislative Aearing Officer recommended denial of the appeal.
2. Resolution ratifying assessment of benefits, costs and expenses for sunuuary abatements for the
following (laid over from July 16, 1996 Legislative Hearing):
79607W--Towing of abandoned vehicles from properry from June through December, 1995
846 Ashland Avenue, 758 Bnglewood Avenue, and 229 Sherburne Avenue.
Legislative Aearing Officer recommended approval of the assessments.
3. Sununary/Vehicle abatement appeai for 1008 L,exington Parkway N.; Aarry and Tamara Nara,
properry owners.
Legislative Hearing Officer recommended denial of the appeal, however, allowing an extension to
August 31, 199b to make a temporary repair and to March 1, 1997 to make a permanent repair.
4. Sununary/Vehicle abatement agpeai for 770 Ashland Avenue; Robert Porter, property owner.
Legislaiive Hearing Officer recommended denial of the appeal.
5. Sununazy/Vehicle abatement appeal for 1132 Central Avenue; Mohammad Shahidullah, property
owner.
Legislative Hearing Officer recommended denial of the appeal.
6. Sunnnary/Vehicle abatement appeal for 1081 Hague Avenue; Arthur Hill, property owner.
Legislative Hearing Officer recommended denial of the appeal.
7. Resolution ordering flae owner to remove or repair the referenced building, located at 466 Ho�kins
S ee . If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Legislative Hearing Officer recommended allowing the property owner until January 15, 1997 to
comglete the necessary repairs.
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I,egislative Hearing Report
August 6, 1996
Page - 2 -
Resolution ordering ffie owner to remove or repair the referenced building, located at 854 Euclid
Street. If the owner fails to compiy with the resolution, Public IIealth is ordered to remove the
building.
Legislative Hearing Officer recommended allowing the property owner until January 1, 1997 to
complete the necessary repairs.
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 Aearing Officer recommended allowimg 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
Sueet. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the
building.
Legislative Hearing Of�cer recommended the owner be granted 180 days to bring the building
into compliance provided a$2,000 performance bond is posted and permits are obtained by
Wednesday, August 14, 1996.
11. Resolution ordering the owner to remove or repair the referenced building, located at 820 W.
MarXland Avenue. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
Legislative Aearing Officer recommended approval.
12. Resolution ordering the owner to remove or repair the referenced building, located at 3� 0-132
Winifred Street/489 Bidwell Street. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended approval.
���3��
NIINUTES OF LEGISLATIVE HEARING
August 6, 1996
Room 330; City Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Pubiic Health; Roxanna Flink, Real Fstate
Gerry Strathman, I.egislative Hearing O�cer, called the meeting to order at 10:00 a.m.
Suminary/Vehicle abatement appeal for 559 S. McKnight Road; Leonard Anderson, property
owner.
No one appeazed. Recommended denying the appeai.
2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for
the following (laid over from 7uly 16, 1996 Legislative Hearing):
J9607W—Towing of abandoned velucles from property from June through December, 1995
846 Ashland Avenue, '758 Englewood Avenue, and 229 Sherburne Avenue.
�� • . �
I3o one appeared. Recommended approval of the assessment.
758 Englewood
No one appeared. Recommended approval of the assessment.
229 Sherburne Avenue
Guy Willits, Public Health, reviewed the staff report and presented pictures of ffie property.
Chao Lee, property owner, appeared with an interpreter. She stated that the truck was damaged in an
accident involving rhe 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 Fiouse Calls, an interpreter service, made two visits to the propezty 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 Aearing Office, stated that since the city had made several attempts to
communicate and gave additional time to comply with the order to remove the vehicle, he recomnnended
approval of the assessment.
3. Summary/Vehicle abatement appeai for 1008 Lexington Parkway N.; Harry and Tamara
I�Tara, property owners.
Mr. Willits reviewed the staff report and presented pictures of the property.
°L -° � 3
Minutes of L,egislative 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 buiiding 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 tune.
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, aliowing an extension to August 31, 1996 to
make ihe temporary repair and an extension to March 1, 1997 to make a permanent repair to the building.
4. Summary/Vehicle abatement appeal for 770 Ashland Avenue; Robert Porter, property owner.
Mr. Willits reviewed the staff report and presented pictures of the properry.
Robert Porter, property owner, appeared and stated that he was appealing the order to remove three
abandoned vehicles on his property. 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
Cadillac. The Geo Storm was being stored on his propeny for a friend who was attending school out of
town.
Mr. SuaBm�an eJCplained the Legislative Code regarding abandoned vehicles. He recommended denying
the appeal.
5. SummarylVehicle abatement appeal for 1132 Central Avenue; Mohammad Shahidullah,
property owner.
No one appeared. Recommended denying the appeai.
6. Sunmxary/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 compiy with the resolution, Public 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 Aprii 9,
1996 and a performance 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 propezty.
Ivlichael Wong, property owner, appeared and stated that he had hired a conuactor to begin work on the
property, however, he had not obtained the necessary permits to date. He pointed out that he had made
��-Q��
Minutes of Legislative Hearing
August b, 1996
Page - 3 -
some initial repairs to the kitchen.
Mr. Strathman stated that since the code compiiance inspection had been done and the bond had been
posted, he wouid allow the owner until January 15, 1997 to complete the repairs to the building.
8. Resolution ordering fhe owner to remove or repair the refezenced building, Iocated at 54
Euctid Street. If the oEVner fails to comgly with the resolution, Public Health is ordered fo
remove the buiiding.
Mr. Votel reviewed the staff report. The building had been vacant since April, 1995. The city had to
board the building and issued several summary abatement orders. A code compliance inspection was
completed on 7une 19, 1996 and the performance bond was posted on July 1, 1996 which would expire on
Ianuary i, 1997. There had been no contact from the property owner.
The property owner did not appear.
Mr. Strathman recommended that ffie owner be given until January i, 1997 to complete ffie repairs to the
buildin�.
9. Resolution ordering the owner to remove or repair the referenced building, located at 09 2 E-
Sixth Street. If the owner fails to comply with the resolution, Public Health is ordered to
remave the building.
Mr. Votel reviewed the staff report. The building had been vacant since 1995 when Fire Prevention
revoked the Certificate of Occupancy. The properry was acquired by fiUD on July 5, 1996.
Mr. Strathman read a letter he had received from HUD concerning this property. HUD was requesting
additional tune to be able seli the property. It was his opuuon that since AUD was maintaining the
property and was actively marketing the building for sale, he recommended aliowing 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 $0�
Buffalo 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 November, 1995. The city had
boarded the building and there had been several summary abatement orders issued against the proper[y.
He had just been informed that a code compliance inspection was applied for on July 31, 1996.
The properry 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 pernuts obtained by the Council meeting on August
14,1496.
Q�-���
Minutes of Legislative Hearing
August 6, 1996
Page - 4 -
11. Resolution ordering the owner to remove or repair the referenced building, located at g20 W
M�rylan� Avenue. If the owner fails to comply with the resolufion, Public Health is ordered
fo remove the building.
Mr. Votel reviewed the staff report. The build"ang 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 Ke11y, attarney representing First Union Mortgage, appeazed and requested additional time to be able
to convey the building to HUD. He stated that there was a sheriff's sale scheduled for August 16, 1996
and it would take approximately 45 days from that date for HUD to assume ownership.
Three individuals appeared who were interested in acquiring the pzoperiy.
Mr. Strathman 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 130_132
Winifired Street/489 Bidweil Street. If the owner fails to comply with the resolution, Public
Health is ordered to remove the building.
Mr. Vote] reviewed the staff report. The building was condemned in 1993 by Fire Prevention and had
been vacant since that time. There had been 12 sunmiary abatement notices issued against the properLy.
He noted that there were several lien holders against the properry and that there had been no direct contact
from the property owner as to their intentions for the buiiding. The estimated cost to zepair the buiiding
was $100,000 and the cost to demolish was $15,500.
The property owner did not appear.
Mr. Strathman recommended approval of the order for demolition.
Meeting adjoumed at 10:45 a.m.
�
I.egislative He`aring Officer