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97-1128Council File # 9�-11�.8' � t Green Sheet # � b�\ �'�l���!�� Presented By Re£erred To Committee: Date �� WHEREAS, 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 with a detached, three-stall, concrete and block garage and three metal storage sheds located on property hereinafrer referred to as the "Subject Property" and commonly known as 1369 Prosperity Avenue. This property is legally described as follows, to wit: Lot 4, Block 1, Rogers and Hendricks Acre Lots Number 2 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Pubiic Health on or before July 9, 1497, the following are the now known interested or responsible parties for the Subject Properry: Mary O'Riley, 7065 North Olive B, Gladstone, MO 64118; Minnesota Dept. of Humman Services, Special Recovery Unit, Attn: Joseph Rubenstein, 444 L,afayette Rad North, St. Paul, MN 55155-3683; Norwest Mortgage Co., Attn: Chris Pike & Dan Coy, 7000 Vista Drive, MS 4372, West Des Moines, IA 50266; Bannigan & Kelly, P.A., Attn: Janet M. Wilebski, 1750 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101; Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, MN 55155-4194, Attn: Ground & Water Division; Catholic Charities, Attn: Margo Casey, 215 Old 6th Street, St. Paul, MN 55102; Northern States Power Co., 3115 Centre Pointe Drive, Roseville, MN 55113 WHEREAS, 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 I3uisance Building(s)" dated 7une 27, 1997; 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 7uly 28, 1997; and WHEREAS, 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 Public Health requested that the City Clerk schedule public heazings before the Legislative Hearing Officer of the Ciry Council and the 5aint Paul City Council; and RESOLUTION CITY OF SAlNT PAUL, MINNESOTA WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Panl Izgislative Code, of the time, date, place and purpose of ffie public hearings; and q���� �.Y WHEREAS, a hearing was held before the L.egislative Hearing Officer of the Saint Paul City Council on Tuesday, September 2, 1947 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 ffie 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 rehabilitafion 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, September 10, 1997 and the testimony and evidence including the action taken by the L.egislative Hearing Off'icer 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 foilowing Findings and Order concerning the Subject Properry at 1369 Prosperity Avenue: 1. That the Subject Proper[y comprises a nuisance condition as defined in Saint Paul I.egislative 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 multipie Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Buiiding(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 Properry which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitared by the Vacant/Nuisance Buiidings 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. ORAER 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 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 structure must be completed within fifteen (15) days after the date of the Council Hearing. �� -�� a-� 2_ If the above corrective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps aze necessary to demolish and remove this structure, fill the site and charge the costs incurred againsi the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul L,egislative 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 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 Izgislative Code. Requested by Department of: By: Approved by Mayor: Date �i �1dZ5�- By: � > ° i 3 Form Ap�ved by City�torney 1 � By: � Approved by Mayor for submission to Counci__�� +/ ��1�- ° By: Adopted by Council: Date \ Adoption Certified by Council Secretary q'�����8' DEPARTMENLOFFlCElCOUNCII DATE MRIATF�I N_ 3 6 214 P���� Health oe-o8-97 GREEN SHEET _ -- � �� C ` INITIAVDATE INfr1AL/DA7E � 3T eS O El 298-4153 � �P+�RTMENTDIRECTOR CI'fYCAUNCiI ASSIGN CffYATTORNEY CI7YCLERK MUST BE ON COUNC�L AGENDA BY (DA'f� �MNG BU ET DIRECTOq � FlN. & MGT, SERVIGES DIR. September 10, 1991 OpOEk MAYOR��RAS$I$T ,�j � TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIC,NATUR� ACf10N RE�UES7E0: City Council to pass this resolution which will order Che owner(s) to remove or repair the referenced building(sS. If the owner fails to eomply with the resolution, Public xealth is ordered to remove the building. The subject property is located at 1369 Prosperity Avenue_ HECOMMENDATIONS: ApprOVe (A) or FejM (R) pERSONAL SERVICE CANTqACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNINO COMMISSION _ CIVII SERVICE fAMMI$SION �� Has ihis personJfirm ever worketl untler a conhad for Mis departmerrt? - _ c�6 CanMirtEE _ YES NO _�� 2. Has this persoNfirm ever been a city employee? — YES NO _ DI5tP1CT COUftT _ 3. Does this personNirm possess a skill not normalf y possesse0 by arcy curteiri cify emplayee? SUPPORTS WHiCH COUNCIL OBJECT7VE7 YES NO Explafn all yes answers on seperote sheet and attaeh to green sheat INITIATMG PFOBLEM, ISSUE, OPPORTUNITY (WM, WhaL When, Where, Whyp 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 knovm to the Enforcement Officer were given an order to repair or remove the building at 1369 Prosperity Avenue by July 2S, 1997, and have failed to comply with those orders. ADVANTAGESIFAPPPOVED: � � The City will eliminate a nuisance. ,������� � � � �9l c/]'� DISADVANTAGES IFAPPPOVED: 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. DISADVANTAOES IF NOT APPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the aommunity. � � �Pl� A�iG 18 i�97 - . TOTALAMOUNTOFTRANSACTfON $ sl�,��� - 512.0�0 COSTfREYENUEBUDGETED(CIRCIEONE) YES NO FUNDIH6SOURCE NuiS3RC2 HoUSinJ A}�atetrient pCTiVITYNUDA6ER 33261 FINANCIAL INFORMATION. (EXPLAIN) SAINT PAUL PUBLIC HEALTH Neo! Holtan, MD., MP.H., Di�ector �?� �`16 CfTY OF SAINT PAU1 NUISANCE BUILDIRGS CODE Norm Coleman, bfayar EVFORCE,4fENT SJS Cedar St�eef Saini Faul, I�LV 55101-2260 i August 8, 1997 NOTICE OF PUSLIC HEARINGS Council President and Members of the City Council 612-298-4lS3 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: 1369 Prosperity Avenue The City Council has scheduled the date of these hearings as follows: Legisiative HearSng - Tuesday, September 2, 1997 City Council Hearing - Wednesday, September ]0, 1997 The owners and responsible parties of record are: Name and Last Known Address Mary O'Riley 7065 North Olive B Gladstone, MO 64118 Minnesota Dept. of Humman Services Special Recovery Unit Attn: Joseph Rubenstein 444 Lafayette Rad North St. Paul, MN 55155-3683 Norwest Mortgage Co. Attu: Chris Pike & Dan Coy 7000 Vista Drive, MS 4372 West Des Moines, IA 50266 Interest Deceased Fee Owner's Daughter Lienholder Mortgagee ��a'.-i3�?� ,��z�?''°z4 ���� f-i:3t� ,1 `9 i:7�A .� � °I'1—��.sr 1369 Prosperity Avenue August 8, 1997 Page 2 Name and Last Known Address Bannigan & Kelly, P.A. Attn: Janet M. Wilebski 1750 NCL Tower 445 Minnesota Street St. Paul, MN 55101 Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155-4194 Attn: Ground & Water Division Catholic Charities Attn: Mazgo Casey 215 Old 6th Street St. Paul, MN 55102 Northern States Power Co. 3115 Centre Pointe Drive Rosevilie, MN 55113 The legal description of this property is: Interest Attorney for Catholic Chazities Pollution Control Previous Conservator of Fee Owner Lienholder Lot 4, Block 1, Rogers and Hendricks Acre Lots Number 2 Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Cade, Chapter 45. Public Health has issued an order to the then known responsible 'parties to eliminate this nuisance condition hy correcting the deficiencies or by razing and removing this building{s). q� - ��� S� 1369 Prosperity Avenue August 8, 1997 Page 3 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 properry. 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. mcerely,� W •���� ^"� Reneta Weiss Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretazy to the Council Steve Zaccard, Fire Mazshall Dan Pahi, PED-Housing Division 01-93 MINUZ'ES OF LEGISLATNE HEARING September 2, i497 Room 330, City Hall Gerry Strathruan, Legislative Hearing Officer a� .�tia� STAFF PRESENT: Cecily Dewing, Public Works; Roxanne Flink, Real Estate; Chuck Votel, Guy Williu, Public Health Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 13 06 Flandrau Street No one appeared. Gerald Strathman recommended denying the appeal. 2. 1136 Reaney Avenue Cazla Goss, owner, appeazed and stated the stove and the refrigerator were taken care af on August 30. Gerald Strathman stated the inspector will confirm this. Gerry Strathman recommended denying the appeal because the problem was taken caze of. 1260 Haoue Avenue Appeai was withdrawn. 4. 721 Tuscorora Avenue No one appeazed. Geraid Strathman recommended denying the appeal. 5. 95 Winni�eg Avenue No one appeared. Gerald Strathman recommended denying the appeal. 6. 860 Simcoe Street No one appeazed. Gerald Strathman recommended denying the appeal. 7. 1369 Prosperiiv Avenue Pictures from Public Health were shown to Gerry Stratiunan. No one appeazed. �t� -��ac� MINi3'TES OF THE LEGISLATIVE HEARING, SEPTEMBER 2, 1997 Page 2 Chuck Votel reported there is a substantial medical assistance lien on the property. The deceased owner's daughtez has no interest in probating the estate to acquire the property because the liens aze substantial enough that it is not worth their efforts to redeem it. The City has issued two summary abatements and has boarded the building. The reai estate taYes are unpaid. A code compiiance inspection was done in Mazch of 1997. The cost to repair is $20,000 and the cost to demolish is $6,b50. Geraid Strathman asked was ihe medical lien from the State. Chuck Votel responded yes. Mr. Suathman stated the $20,000 for repair is achievable and to go ahead with the demolition would just create a vacant loi. Mr. Votel responded no one is assuming responsibility for taking care of the properiy. The State could exercise theu lien to gain controi of the property, but Mr. Votel's experience is they will not do that. The property needs new wiring, a new heating system, probably a new plumbing system in addition to the normal weaz and teaz associated with these types of buildings. The $20,000 repair estimate may be optimistic. Gerry 5ttathman recommended approval of the Public Health order given the lack of a responsibie parry. 8. 701 Surrev Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported the property has been condemned since 1995. The city has issued ten sunmiary abatement notices and one citation. The building was declared to be a nuisance in Aprii 1996 and a code compiiance inspection was done that month. A$2,000 bond was posted and expires January 9, 1998. The cost to repair is $45,OQ0 and the cost to demolish is $7,400. Donald Ide, owner, appeared and stated there were 58 items on the list and ail have been completed except one or two. There was an inspection on August 29, 1997 with everyone concemed with the property. Mr. Ide has put a substantial amount of money into this properry, but he has a lot of debt and no way of financing anything. The building is 95% completed. Gerry Strathman recommended the owner be given until the current bond expires on January 9, 1998 to complete the rehabilitation of the building. 9. 1451 Sherburne Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported the building was condemned in June of 1947. Countrywide Home Loans is foreclosing on the mortgage. The City has issued four summary abatement norices and has had to board it. Real Estate tases are paid. There has not been an application for a code ° �'1-��'�a MINLTTES OF THE LEGISLATIVE HEARING, SEPTEMBER 2, 1997 Page 3 compliance inspection nor has a bond been posted. The cost to repair is $30,000 and the cost to demolish is $4,600. James Geske, attomey for Countrywide Home Loans, appeared and stated Fannie Mae is the investor on this account and has instructed Countrywide they would like a 30 day extension to allow Fannie Mae to make au assessment. Chuck Votel stated he is not opposed to this. Gerry Strathman stated the house looks like it is in relafively good condition. Chuck Votei stated the yazd is now being maintained. Gerry Strathman recommended laying aver this matter to the October 7 Legislative Hearing with the understanding that Gountrywide will maintain the earterior of the building. 10. 452 Charles Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported the building has been vacant since Mazch of 1997. Fairbanks Capitai just got the property as of September 4, 1997. They intent to rehabilitate the property and seil it. There have been three sunmiary abatements notices and the City has had to boazd the building. The vacant building fees aze due and real estate taxes are paid. The cost to repair is $30,000 and the cost to demolish is about $6,500. James Geske, attorney, stated this property was being sold as a contract to deed by TransAmerica Financial Services. Fairbanks Capital has the property currently. Fairbanks would like additional time to make an assessment of the repairs. Gerry Strathman recommended approval and amended the date for repair or removal to March 2, 1998 if the foilowing are done by noon of September 10, 1997: a$2,000 bond is posted, a code compliance inspection completed, and the vacant building fee paid. I 1. 1331 Bush Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported this building has been vacant since March of 1997. It is currently in the HUD disposition. A code compliance inspection was done. The cost to repair is $25,000 and the cost to demolish is about $7,750. Gerty Strathman stated he has a memo from Sophie Hallauer from HUD who says the property is valued at $52,000. Mr. Strathman stated he is reluctant to demolish a buiiding with that value. Chuck Votei siated he is fine with giving HUD time to seli the properiy. Aiso, the property is fixable. `��-1�a& MII3UTES OF THE LEGISLAI`IVE HEAItING, SEPTEMBER 2, 1997 Page 4 Gerry Strathman recommended laying over to the December 2, 1497 Legislative Hearing. 12. 743 Englewood Avenue Chuck Votel stated he did not receive a gteen card on tlus properiy. Cecily Dewing, Public Works, appeazed and stated there was a problem with the sewer service and the manhole that sits on the properry next to her house. The sewer problem was repaired. The house that sits directly behind 743 Englewood is also serviced by this manliole. The part that tivas repaired services the tvro houses. The assessment was made entirely against 743 Englewood Avenue. Debra Shambo, owner, appeazed and stated there were rats in the yard which came from the manhole. The manhole was patched. The assessment should be shared by both households. Cecily Dewing stated the assessment is $755.63. Gerry Strathman asked why the assessment was against one property. Cecily Dewing responded the problem was on Debra Shambds properry and this problem with two properties has not occurred befote. Gerry Strathman recommended reducing the assessment by half plus the administration fees. Gerry Strathman adjourned the meeting at 10:32. Council File # 9�-11�.8' � t Green Sheet # � b�\ �'�l���!�� Presented By Re£erred To Committee: Date �� WHEREAS, 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 with a detached, three-stall, concrete and block garage and three metal storage sheds located on property hereinafrer referred to as the "Subject Property" and commonly known as 1369 Prosperity Avenue. This property is legally described as follows, to wit: Lot 4, Block 1, Rogers and Hendricks Acre Lots Number 2 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Pubiic Health on or before July 9, 1497, the following are the now known interested or responsible parties for the Subject Properry: Mary O'Riley, 7065 North Olive B, Gladstone, MO 64118; Minnesota Dept. of Humman Services, Special Recovery Unit, Attn: Joseph Rubenstein, 444 L,afayette Rad North, St. Paul, MN 55155-3683; Norwest Mortgage Co., Attn: Chris Pike & Dan Coy, 7000 Vista Drive, MS 4372, West Des Moines, IA 50266; Bannigan & Kelly, P.A., Attn: Janet M. Wilebski, 1750 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101; Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, MN 55155-4194, Attn: Ground & Water Division; Catholic Charities, Attn: Margo Casey, 215 Old 6th Street, St. Paul, MN 55102; Northern States Power Co., 3115 Centre Pointe Drive, Roseville, MN 55113 WHEREAS, 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 I3uisance Building(s)" dated 7une 27, 1997; 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 7uly 28, 1997; and WHEREAS, 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 Public Health requested that the City Clerk schedule public heazings before the Legislative Hearing Officer of the Ciry Council and the 5aint Paul City Council; and RESOLUTION CITY OF SAlNT PAUL, MINNESOTA WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Panl Izgislative Code, of the time, date, place and purpose of ffie public hearings; and q���� �.Y WHEREAS, a hearing was held before the L.egislative Hearing Officer of the Saint Paul City Council on Tuesday, September 2, 1947 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 ffie 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 rehabilitafion 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, September 10, 1997 and the testimony and evidence including the action taken by the L.egislative Hearing Off'icer 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 foilowing Findings and Order concerning the Subject Properry at 1369 Prosperity Avenue: 1. That the Subject Proper[y comprises a nuisance condition as defined in Saint Paul I.egislative 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 multipie Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Buiiding(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 Properry which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitared by the Vacant/Nuisance Buiidings 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. ORAER 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 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 structure must be completed within fifteen (15) days after the date of the Council Hearing. �� -�� a-� 2_ If the above corrective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps aze necessary to demolish and remove this structure, fill the site and charge the costs incurred againsi the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul L,egislative 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 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 Izgislative Code. Requested by Department of: By: Approved by Mayor: Date �i �1dZ5�- By: � > ° i 3 Form Ap�ved by City�torney 1 � By: � Approved by Mayor for submission to Counci__�� +/ ��1�- ° By: Adopted by Council: Date \ Adoption Certified by Council Secretary q'�����8' DEPARTMENLOFFlCElCOUNCII DATE MRIATF�I N_ 3 6 214 P���� Health oe-o8-97 GREEN SHEET _ -- � �� C ` INITIAVDATE INfr1AL/DA7E � 3T eS O El 298-4153 � �P+�RTMENTDIRECTOR CI'fYCAUNCiI ASSIGN CffYATTORNEY CI7YCLERK MUST BE ON COUNC�L AGENDA BY (DA'f� �MNG BU ET DIRECTOq � FlN. & MGT, SERVIGES DIR. September 10, 1991 OpOEk MAYOR��RAS$I$T ,�j � TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIC,NATUR� ACf10N RE�UES7E0: City Council to pass this resolution which will order Che owner(s) to remove or repair the referenced building(sS. If the owner fails to eomply with the resolution, Public xealth is ordered to remove the building. The subject property is located at 1369 Prosperity Avenue_ HECOMMENDATIONS: ApprOVe (A) or FejM (R) pERSONAL SERVICE CANTqACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNINO COMMISSION _ CIVII SERVICE fAMMI$SION �� Has ihis personJfirm ever worketl untler a conhad for Mis departmerrt? - _ c�6 CanMirtEE _ YES NO _�� 2. Has this persoNfirm ever been a city employee? — YES NO _ DI5tP1CT COUftT _ 3. Does this personNirm possess a skill not normalf y possesse0 by arcy curteiri cify emplayee? SUPPORTS WHiCH COUNCIL OBJECT7VE7 YES NO Explafn all yes answers on seperote sheet and attaeh to green sheat INITIATMG PFOBLEM, ISSUE, OPPORTUNITY (WM, WhaL When, Where, Whyp 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 knovm to the Enforcement Officer were given an order to repair or remove the building at 1369 Prosperity Avenue by July 2S, 1997, and have failed to comply with those orders. ADVANTAGESIFAPPPOVED: � � The City will eliminate a nuisance. ,������� � � � �9l c/]'� DISADVANTAGES IFAPPPOVED: 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. DISADVANTAOES IF NOT APPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the aommunity. � � �Pl� A�iG 18 i�97 - . TOTALAMOUNTOFTRANSACTfON $ sl�,��� - 512.0�0 COSTfREYENUEBUDGETED(CIRCIEONE) YES NO FUNDIH6SOURCE NuiS3RC2 HoUSinJ A}�atetrient pCTiVITYNUDA6ER 33261 FINANCIAL INFORMATION. (EXPLAIN) SAINT PAUL PUBLIC HEALTH Neo! Holtan, MD., MP.H., Di�ector �?� �`16 CfTY OF SAINT PAU1 NUISANCE BUILDIRGS CODE Norm Coleman, bfayar EVFORCE,4fENT SJS Cedar St�eef Saini Faul, I�LV 55101-2260 i August 8, 1997 NOTICE OF PUSLIC HEARINGS Council President and Members of the City Council 612-298-4lS3 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: 1369 Prosperity Avenue The City Council has scheduled the date of these hearings as follows: Legisiative HearSng - Tuesday, September 2, 1997 City Council Hearing - Wednesday, September ]0, 1997 The owners and responsible parties of record are: Name and Last Known Address Mary O'Riley 7065 North Olive B Gladstone, MO 64118 Minnesota Dept. of Humman Services Special Recovery Unit Attn: Joseph Rubenstein 444 Lafayette Rad North St. Paul, MN 55155-3683 Norwest Mortgage Co. Attu: Chris Pike & Dan Coy 7000 Vista Drive, MS 4372 West Des Moines, IA 50266 Interest Deceased Fee Owner's Daughter Lienholder Mortgagee ��a'.-i3�?� ,��z�?''°z4 ���� f-i:3t� ,1 `9 i:7�A .� � °I'1—��.sr 1369 Prosperity Avenue August 8, 1997 Page 2 Name and Last Known Address Bannigan & Kelly, P.A. Attn: Janet M. Wilebski 1750 NCL Tower 445 Minnesota Street St. Paul, MN 55101 Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155-4194 Attn: Ground & Water Division Catholic Charities Attn: Mazgo Casey 215 Old 6th Street St. Paul, MN 55102 Northern States Power Co. 3115 Centre Pointe Drive Rosevilie, MN 55113 The legal description of this property is: Interest Attorney for Catholic Chazities Pollution Control Previous Conservator of Fee Owner Lienholder Lot 4, Block 1, Rogers and Hendricks Acre Lots Number 2 Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Cade, Chapter 45. Public Health has issued an order to the then known responsible 'parties to eliminate this nuisance condition hy correcting the deficiencies or by razing and removing this building{s). q� - ��� S� 1369 Prosperity Avenue August 8, 1997 Page 3 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 properry. 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. mcerely,� W •���� ^"� Reneta Weiss Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretazy to the Council Steve Zaccard, Fire Mazshall Dan Pahi, PED-Housing Division 01-93 MINUZ'ES OF LEGISLATNE HEARING September 2, i497 Room 330, City Hall Gerry Strathruan, Legislative Hearing Officer a� .�tia� STAFF PRESENT: Cecily Dewing, Public Works; Roxanne Flink, Real Estate; Chuck Votel, Guy Williu, Public Health Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 13 06 Flandrau Street No one appeared. Gerald Strathman recommended denying the appeal. 2. 1136 Reaney Avenue Cazla Goss, owner, appeazed and stated the stove and the refrigerator were taken care af on August 30. Gerald Strathman stated the inspector will confirm this. Gerry Strathman recommended denying the appeal because the problem was taken caze of. 1260 Haoue Avenue Appeai was withdrawn. 4. 721 Tuscorora Avenue No one appeazed. Geraid Strathman recommended denying the appeal. 5. 95 Winni�eg Avenue No one appeared. Gerald Strathman recommended denying the appeal. 6. 860 Simcoe Street No one appeazed. Gerald Strathman recommended denying the appeal. 7. 1369 Prosperiiv Avenue Pictures from Public Health were shown to Gerry Stratiunan. No one appeazed. �t� -��ac� MINi3'TES OF THE LEGISLATIVE HEARING, SEPTEMBER 2, 1997 Page 2 Chuck Votel reported there is a substantial medical assistance lien on the property. The deceased owner's daughtez has no interest in probating the estate to acquire the property because the liens aze substantial enough that it is not worth their efforts to redeem it. The City has issued two summary abatements and has boarded the building. The reai estate taYes are unpaid. A code compiiance inspection was done in Mazch of 1997. The cost to repair is $20,000 and the cost to demolish is $6,b50. Geraid Strathman asked was ihe medical lien from the State. Chuck Votel responded yes. Mr. Suathman stated the $20,000 for repair is achievable and to go ahead with the demolition would just create a vacant loi. Mr. Votel responded no one is assuming responsibility for taking care of the properiy. The State could exercise theu lien to gain controi of the property, but Mr. Votel's experience is they will not do that. The property needs new wiring, a new heating system, probably a new plumbing system in addition to the normal weaz and teaz associated with these types of buildings. The $20,000 repair estimate may be optimistic. Gerry 5ttathman recommended approval of the Public Health order given the lack of a responsibie parry. 8. 701 Surrev Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported the property has been condemned since 1995. The city has issued ten sunmiary abatement notices and one citation. The building was declared to be a nuisance in Aprii 1996 and a code compiiance inspection was done that month. A$2,000 bond was posted and expires January 9, 1998. The cost to repair is $45,OQ0 and the cost to demolish is $7,400. Donald Ide, owner, appeared and stated there were 58 items on the list and ail have been completed except one or two. There was an inspection on August 29, 1997 with everyone concemed with the property. Mr. Ide has put a substantial amount of money into this properry, but he has a lot of debt and no way of financing anything. The building is 95% completed. Gerry Strathman recommended the owner be given until the current bond expires on January 9, 1998 to complete the rehabilitation of the building. 9. 1451 Sherburne Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported the building was condemned in June of 1947. Countrywide Home Loans is foreclosing on the mortgage. The City has issued four summary abatement norices and has had to board it. Real Estate tases are paid. There has not been an application for a code ° �'1-��'�a MINLTTES OF THE LEGISLATIVE HEARING, SEPTEMBER 2, 1997 Page 3 compliance inspection nor has a bond been posted. The cost to repair is $30,000 and the cost to demolish is $4,600. James Geske, attomey for Countrywide Home Loans, appeared and stated Fannie Mae is the investor on this account and has instructed Countrywide they would like a 30 day extension to allow Fannie Mae to make au assessment. Chuck Votel stated he is not opposed to this. Gerry Strathman stated the house looks like it is in relafively good condition. Chuck Votei stated the yazd is now being maintained. Gerry Strathman recommended laying aver this matter to the October 7 Legislative Hearing with the understanding that Gountrywide will maintain the earterior of the building. 10. 452 Charles Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported the building has been vacant since Mazch of 1997. Fairbanks Capitai just got the property as of September 4, 1997. They intent to rehabilitate the property and seil it. There have been three sunmiary abatements notices and the City has had to boazd the building. The vacant building fees aze due and real estate taxes are paid. The cost to repair is $30,000 and the cost to demolish is about $6,500. James Geske, attorney, stated this property was being sold as a contract to deed by TransAmerica Financial Services. Fairbanks Capital has the property currently. Fairbanks would like additional time to make an assessment of the repairs. Gerry Strathman recommended approval and amended the date for repair or removal to March 2, 1998 if the foilowing are done by noon of September 10, 1997: a$2,000 bond is posted, a code compliance inspection completed, and the vacant building fee paid. I 1. 1331 Bush Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported this building has been vacant since March of 1997. It is currently in the HUD disposition. A code compliance inspection was done. The cost to repair is $25,000 and the cost to demolish is about $7,750. Gerty Strathman stated he has a memo from Sophie Hallauer from HUD who says the property is valued at $52,000. Mr. Strathman stated he is reluctant to demolish a buiiding with that value. Chuck Votei siated he is fine with giving HUD time to seli the properiy. Aiso, the property is fixable. `��-1�a& MII3UTES OF THE LEGISLAI`IVE HEAItING, SEPTEMBER 2, 1997 Page 4 Gerry Strathman recommended laying over to the December 2, 1497 Legislative Hearing. 12. 743 Englewood Avenue Chuck Votel stated he did not receive a gteen card on tlus properiy. Cecily Dewing, Public Works, appeazed and stated there was a problem with the sewer service and the manhole that sits on the properry next to her house. The sewer problem was repaired. The house that sits directly behind 743 Englewood is also serviced by this manliole. The part that tivas repaired services the tvro houses. The assessment was made entirely against 743 Englewood Avenue. Debra Shambo, owner, appeazed and stated there were rats in the yard which came from the manhole. The manhole was patched. The assessment should be shared by both households. Cecily Dewing stated the assessment is $755.63. Gerry Strathman asked why the assessment was against one property. Cecily Dewing responded the problem was on Debra Shambds properry and this problem with two properties has not occurred befote. Gerry Strathman recommended reducing the assessment by half plus the administration fees. Gerry Strathman adjourned the meeting at 10:32. Council File # 9�-11�.8' � t Green Sheet # � b�\ �'�l���!�� Presented By Re£erred To Committee: Date �� WHEREAS, 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 with a detached, three-stall, concrete and block garage and three metal storage sheds located on property hereinafrer referred to as the "Subject Property" and commonly known as 1369 Prosperity Avenue. This property is legally described as follows, to wit: Lot 4, Block 1, Rogers and Hendricks Acre Lots Number 2 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Pubiic Health on or before July 9, 1497, the following are the now known interested or responsible parties for the Subject Properry: Mary O'Riley, 7065 North Olive B, Gladstone, MO 64118; Minnesota Dept. of Humman Services, Special Recovery Unit, Attn: Joseph Rubenstein, 444 L,afayette Rad North, St. Paul, MN 55155-3683; Norwest Mortgage Co., Attn: Chris Pike & Dan Coy, 7000 Vista Drive, MS 4372, West Des Moines, IA 50266; Bannigan & Kelly, P.A., Attn: Janet M. Wilebski, 1750 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101; Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, MN 55155-4194, Attn: Ground & Water Division; Catholic Charities, Attn: Margo Casey, 215 Old 6th Street, St. Paul, MN 55102; Northern States Power Co., 3115 Centre Pointe Drive, Roseville, MN 55113 WHEREAS, 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 I3uisance Building(s)" dated 7une 27, 1997; 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 7uly 28, 1997; and WHEREAS, 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 Public Health requested that the City Clerk schedule public heazings before the Legislative Hearing Officer of the Ciry Council and the 5aint Paul City Council; and RESOLUTION CITY OF SAlNT PAUL, MINNESOTA WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Panl Izgislative Code, of the time, date, place and purpose of ffie public hearings; and q���� �.Y WHEREAS, a hearing was held before the L.egislative Hearing Officer of the Saint Paul City Council on Tuesday, September 2, 1947 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 ffie 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 rehabilitafion 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, September 10, 1997 and the testimony and evidence including the action taken by the L.egislative Hearing Off'icer 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 foilowing Findings and Order concerning the Subject Properry at 1369 Prosperity Avenue: 1. That the Subject Proper[y comprises a nuisance condition as defined in Saint Paul I.egislative 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 multipie Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Buiiding(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 Properry which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitared by the Vacant/Nuisance Buiidings 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. ORAER 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 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 structure must be completed within fifteen (15) days after the date of the Council Hearing. �� -�� a-� 2_ If the above corrective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps aze necessary to demolish and remove this structure, fill the site and charge the costs incurred againsi the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul L,egislative 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 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 Izgislative Code. Requested by Department of: By: Approved by Mayor: Date �i �1dZ5�- By: � > ° i 3 Form Ap�ved by City�torney 1 � By: � Approved by Mayor for submission to Counci__�� +/ ��1�- ° By: Adopted by Council: Date \ Adoption Certified by Council Secretary q'�����8' DEPARTMENLOFFlCElCOUNCII DATE MRIATF�I N_ 3 6 214 P���� Health oe-o8-97 GREEN SHEET _ -- � �� C ` INITIAVDATE INfr1AL/DA7E � 3T eS O El 298-4153 � �P+�RTMENTDIRECTOR CI'fYCAUNCiI ASSIGN CffYATTORNEY CI7YCLERK MUST BE ON COUNC�L AGENDA BY (DA'f� �MNG BU ET DIRECTOq � FlN. & MGT, SERVIGES DIR. September 10, 1991 OpOEk MAYOR��RAS$I$T ,�j � TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIC,NATUR� ACf10N RE�UES7E0: City Council to pass this resolution which will order Che owner(s) to remove or repair the referenced building(sS. If the owner fails to eomply with the resolution, Public xealth is ordered to remove the building. The subject property is located at 1369 Prosperity Avenue_ HECOMMENDATIONS: ApprOVe (A) or FejM (R) pERSONAL SERVICE CANTqACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNINO COMMISSION _ CIVII SERVICE fAMMI$SION �� Has ihis personJfirm ever worketl untler a conhad for Mis departmerrt? - _ c�6 CanMirtEE _ YES NO _�� 2. Has this persoNfirm ever been a city employee? — YES NO _ DI5tP1CT COUftT _ 3. Does this personNirm possess a skill not normalf y possesse0 by arcy curteiri cify emplayee? SUPPORTS WHiCH COUNCIL OBJECT7VE7 YES NO Explafn all yes answers on seperote sheet and attaeh to green sheat INITIATMG PFOBLEM, ISSUE, OPPORTUNITY (WM, WhaL When, Where, Whyp 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 knovm to the Enforcement Officer were given an order to repair or remove the building at 1369 Prosperity Avenue by July 2S, 1997, and have failed to comply with those orders. ADVANTAGESIFAPPPOVED: � � The City will eliminate a nuisance. ,������� � � � �9l c/]'� DISADVANTAGES IFAPPPOVED: 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. DISADVANTAOES IF NOT APPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the aommunity. � � �Pl� A�iG 18 i�97 - . TOTALAMOUNTOFTRANSACTfON $ sl�,��� - 512.0�0 COSTfREYENUEBUDGETED(CIRCIEONE) YES NO FUNDIH6SOURCE NuiS3RC2 HoUSinJ A}�atetrient pCTiVITYNUDA6ER 33261 FINANCIAL INFORMATION. (EXPLAIN) SAINT PAUL PUBLIC HEALTH Neo! Holtan, MD., MP.H., Di�ector �?� �`16 CfTY OF SAINT PAU1 NUISANCE BUILDIRGS CODE Norm Coleman, bfayar EVFORCE,4fENT SJS Cedar St�eef Saini Faul, I�LV 55101-2260 i August 8, 1997 NOTICE OF PUSLIC HEARINGS Council President and Members of the City Council 612-298-4lS3 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: 1369 Prosperity Avenue The City Council has scheduled the date of these hearings as follows: Legisiative HearSng - Tuesday, September 2, 1997 City Council Hearing - Wednesday, September ]0, 1997 The owners and responsible parties of record are: Name and Last Known Address Mary O'Riley 7065 North Olive B Gladstone, MO 64118 Minnesota Dept. of Humman Services Special Recovery Unit Attn: Joseph Rubenstein 444 Lafayette Rad North St. Paul, MN 55155-3683 Norwest Mortgage Co. Attu: Chris Pike & Dan Coy 7000 Vista Drive, MS 4372 West Des Moines, IA 50266 Interest Deceased Fee Owner's Daughter Lienholder Mortgagee ��a'.-i3�?� ,��z�?''°z4 ���� f-i:3t� ,1 `9 i:7�A .� � °I'1—��.sr 1369 Prosperity Avenue August 8, 1997 Page 2 Name and Last Known Address Bannigan & Kelly, P.A. Attn: Janet M. Wilebski 1750 NCL Tower 445 Minnesota Street St. Paul, MN 55101 Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155-4194 Attn: Ground & Water Division Catholic Charities Attn: Mazgo Casey 215 Old 6th Street St. Paul, MN 55102 Northern States Power Co. 3115 Centre Pointe Drive Rosevilie, MN 55113 The legal description of this property is: Interest Attorney for Catholic Chazities Pollution Control Previous Conservator of Fee Owner Lienholder Lot 4, Block 1, Rogers and Hendricks Acre Lots Number 2 Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Cade, Chapter 45. Public Health has issued an order to the then known responsible 'parties to eliminate this nuisance condition hy correcting the deficiencies or by razing and removing this building{s). q� - ��� S� 1369 Prosperity Avenue August 8, 1997 Page 3 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 properry. 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. mcerely,� W •���� ^"� Reneta Weiss Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretazy to the Council Steve Zaccard, Fire Mazshall Dan Pahi, PED-Housing Division 01-93 MINUZ'ES OF LEGISLATNE HEARING September 2, i497 Room 330, City Hall Gerry Strathruan, Legislative Hearing Officer a� .�tia� STAFF PRESENT: Cecily Dewing, Public Works; Roxanne Flink, Real Estate; Chuck Votel, Guy Williu, Public Health Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 13 06 Flandrau Street No one appeared. Gerald Strathman recommended denying the appeal. 2. 1136 Reaney Avenue Cazla Goss, owner, appeazed and stated the stove and the refrigerator were taken care af on August 30. Gerald Strathman stated the inspector will confirm this. Gerry Strathman recommended denying the appeal because the problem was taken caze of. 1260 Haoue Avenue Appeai was withdrawn. 4. 721 Tuscorora Avenue No one appeazed. Geraid Strathman recommended denying the appeal. 5. 95 Winni�eg Avenue No one appeared. Gerald Strathman recommended denying the appeal. 6. 860 Simcoe Street No one appeazed. Gerald Strathman recommended denying the appeal. 7. 1369 Prosperiiv Avenue Pictures from Public Health were shown to Gerry Stratiunan. No one appeazed. �t� -��ac� MINi3'TES OF THE LEGISLATIVE HEARING, SEPTEMBER 2, 1997 Page 2 Chuck Votel reported there is a substantial medical assistance lien on the property. The deceased owner's daughtez has no interest in probating the estate to acquire the property because the liens aze substantial enough that it is not worth their efforts to redeem it. The City has issued two summary abatements and has boarded the building. The reai estate taYes are unpaid. A code compiiance inspection was done in Mazch of 1997. The cost to repair is $20,000 and the cost to demolish is $6,b50. Geraid Strathman asked was ihe medical lien from the State. Chuck Votel responded yes. Mr. Suathman stated the $20,000 for repair is achievable and to go ahead with the demolition would just create a vacant loi. Mr. Votel responded no one is assuming responsibility for taking care of the properiy. The State could exercise theu lien to gain controi of the property, but Mr. Votel's experience is they will not do that. The property needs new wiring, a new heating system, probably a new plumbing system in addition to the normal weaz and teaz associated with these types of buildings. The $20,000 repair estimate may be optimistic. Gerry 5ttathman recommended approval of the Public Health order given the lack of a responsibie parry. 8. 701 Surrev Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported the property has been condemned since 1995. The city has issued ten sunmiary abatement notices and one citation. The building was declared to be a nuisance in Aprii 1996 and a code compiiance inspection was done that month. A$2,000 bond was posted and expires January 9, 1998. The cost to repair is $45,OQ0 and the cost to demolish is $7,400. Donald Ide, owner, appeared and stated there were 58 items on the list and ail have been completed except one or two. There was an inspection on August 29, 1997 with everyone concemed with the property. Mr. Ide has put a substantial amount of money into this properry, but he has a lot of debt and no way of financing anything. The building is 95% completed. Gerry Strathman recommended the owner be given until the current bond expires on January 9, 1998 to complete the rehabilitation of the building. 9. 1451 Sherburne Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported the building was condemned in June of 1947. Countrywide Home Loans is foreclosing on the mortgage. The City has issued four summary abatement norices and has had to board it. Real Estate tases are paid. There has not been an application for a code ° �'1-��'�a MINLTTES OF THE LEGISLATIVE HEARING, SEPTEMBER 2, 1997 Page 3 compliance inspection nor has a bond been posted. The cost to repair is $30,000 and the cost to demolish is $4,600. James Geske, attomey for Countrywide Home Loans, appeared and stated Fannie Mae is the investor on this account and has instructed Countrywide they would like a 30 day extension to allow Fannie Mae to make au assessment. Chuck Votel stated he is not opposed to this. Gerry Strathman stated the house looks like it is in relafively good condition. Chuck Votei stated the yazd is now being maintained. Gerry Strathman recommended laying aver this matter to the October 7 Legislative Hearing with the understanding that Gountrywide will maintain the earterior of the building. 10. 452 Charles Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported the building has been vacant since Mazch of 1997. Fairbanks Capitai just got the property as of September 4, 1997. They intent to rehabilitate the property and seil it. There have been three sunmiary abatements notices and the City has had to boazd the building. The vacant building fees aze due and real estate taxes are paid. The cost to repair is $30,000 and the cost to demolish is about $6,500. James Geske, attorney, stated this property was being sold as a contract to deed by TransAmerica Financial Services. Fairbanks Capital has the property currently. Fairbanks would like additional time to make an assessment of the repairs. Gerry Strathman recommended approval and amended the date for repair or removal to March 2, 1998 if the foilowing are done by noon of September 10, 1997: a$2,000 bond is posted, a code compliance inspection completed, and the vacant building fee paid. I 1. 1331 Bush Avenue Pictures from Public Health were shown to Gerry Strathman. Chuck Votel reported this building has been vacant since March of 1997. It is currently in the HUD disposition. A code compliance inspection was done. The cost to repair is $25,000 and the cost to demolish is about $7,750. Gerty Strathman stated he has a memo from Sophie Hallauer from HUD who says the property is valued at $52,000. Mr. Strathman stated he is reluctant to demolish a buiiding with that value. Chuck Votei siated he is fine with giving HUD time to seli the properiy. Aiso, the property is fixable. `��-1�a& MII3UTES OF THE LEGISLAI`IVE HEAItING, SEPTEMBER 2, 1997 Page 4 Gerry Strathman recommended laying over to the December 2, 1497 Legislative Hearing. 12. 743 Englewood Avenue Chuck Votel stated he did not receive a gteen card on tlus properiy. Cecily Dewing, Public Works, appeazed and stated there was a problem with the sewer service and the manhole that sits on the properry next to her house. The sewer problem was repaired. The house that sits directly behind 743 Englewood is also serviced by this manliole. The part that tivas repaired services the tvro houses. The assessment was made entirely against 743 Englewood Avenue. Debra Shambo, owner, appeazed and stated there were rats in the yard which came from the manhole. The manhole was patched. The assessment should be shared by both households. Cecily Dewing stated the assessment is $755.63. Gerry Strathman asked why the assessment was against one property. Cecily Dewing responded the problem was on Debra Shambds properry and this problem with two properties has not occurred befote. Gerry Strathman recommended reducing the assessment by half plus the administration fees. Gerry Strathman adjourned the meeting at 10:32.