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97-1336Council File # 7 �,� �e Green Sheet # S/c2,30 RESOLUTION CI OF S��AUL, MINNESOTA �J9 Presented By � ro Referred To Committee: Date 1 WHEREAS, Public Health has requested the City Council to hold public hearings to consider 2 the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood 3 frame structure with a detached, two-stall, concrete block and wood frame garage and wood shed 4 located on property hereinafter referred to as the "Subject Propeny" and commonly known as 1840 5 Minnehaha Aveuue East. This property is legally described as follows, to wit: 6 7 I,ot 13, Block 2, Robert L. Waze's Eastern Heights 8 9 WHBREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Public Health on or before August 14, 1997, the following are the now 11 known interested or responsible parties for the Subject Properry: H.U.D. Properry Disposition, 220 12 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21st Avenue South, 13 Richfield, MN 55423, Attn: Gene Johnson 14 15 WHEREAS, Public Health has served 'an accordance with the provis3ons of Chapter 45 of the 16 Saint Paul I,egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated 17 August 6, 1997; and 18 19 WHEREAS, this order informed the then I�own 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 that they must repair or 23 demolish the structure located on the Subject Property by September 5, 1997; 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 condition has not been corrected and Public Health requested that 29 the Ciry Clerk schedule public hearings before the L.egislative Hearing Officer of the Ciry Council 30 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 I,egislative Code, of the time, date, place and 34 purpose of the public hearings; and 35 36 WHEREAS, a hearing was held before the I.egislative Hearing Officer of the SainC Paul(Ciry 37 Council on Tuesday, October 21, 1997 to hear testnnony and evidence, and after receiving � 38 testanony and evidence, made the recommendation to approve the request to order the interested or 39 responsible parties to make the Subject Property safe and not detrimental to the public peace, health, 40 safety and welfare and remove its blighting influence on the commnnity by rehabilitating this 41 structure in accordance with all applicable codes and ordinances, or in the alternative by 42 demolishing and removing the strucriue in accordance with ali applicable codes and ordinances. 43 The rehabilitation or demolation of the structure to be completed within fifteen (15) days after the 44 date of the Council Hearing; and a�-��3G WFIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 5, 1997 and the testimony and evidence including the action taken by the L.egislative Hearing O�cer 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 Properry at 1840 Minnehaha Avenue East: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Vacant(Nuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrunental 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 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby auihorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incuned against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind 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 al] 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 Legislative Code. Re ested by Department of: �� : �t �f r, c� �r7� e �9-� �.1 xe�e►,� B �, : � � 1 I . .,, -• - ��'.. I - 1�iaj Ii.� By: •'�'� By: Adopted by Council: Date .� Adoption Certi£ied by Council Secretary N°_ 51230 -T, ��3� ��,����, DATE� ���gJ97 GREEN SHEET �� � COMACT PERSON 8 PMONE / INITIAL/DATE WITIAUDATE DEPARTMENTDIRECTOR CITYCOUNqL Charles Votel 298-4153 �i ASSIGN RVATfOflNEY � arrc�K NUMBEp FOR MUST BE ON COUNCIL AGENDA BY (DATE) p��� O BUD6ET DIRECTOR � FIR 8 MGT SEflVICES DIR. bRDER MAYOR (OR ASSiSTAN'n November 5 1997 � TOTAL # OP SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNA7URE) ACTION REQUESTED_ City Covncil to pass this resolution which wi11 order the owner(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 1840 Minnehaha Avenue Sast. RECOMMENDATIONS: Approva (A) rn Re�ect (R) PERSONAI SERVICE CONTRACTS MUST ANSWER THE F04LOWING QUESTIONS: _ PLANNING COMMISSION __ CNiI SEPVICE COMMISSION �- Has [his perso6Rirm ever worketl untler a contract for this departmenP+ _C{BCOMMITTEE __ YES NO _ STpFF 2- Has this personRirm ever been a ciry employee? — YES NO _ oISTRICT COU�tT _ 3. Does this personttirm possess a skill not normally possessetl by any curraM city employee? SUPPORTS WNICH COUNCIL OBJECTIVE? YES NO Expla{n all yes answers on aeperate ahest anC attaeM to graen sheet INRIATING PROBLEM, ISSUE. OPPfJRTUNITY (Who. Whe1. When. Where. Why)� This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as de£ined 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 1840 Minnehaha Avenue East by September 5, 1997, and have failed to comply with those orders. ADVANTAGES IFAPPROVEO: The City will eliminate a nuisance. ������ ���'. 2 ��d cITY a E � �ISADVANTAGES IFAPPROVED' The City will spend funds to wreck and remove this building(s). These costs coill be assessed to the property, collected as a special assessment against th property taxes. . �•.�YO:"�r ���a�'�4 ;°pz"�+"�';'� �C,�.";' ? ,'��r' DISAOVANTAGES IF NOT APPROVEO A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTAL AMOISNT OF TRANSACTION $ S7. QOO -$8, 000 COSStREVENUE BtSDGETED (CIRCLE ONE) YES NO FUNDItdG SOURCE NUi53nCE HOUSirig Abatement pCTIVITV NUMBEfl 33261 FINANCIAL INFORHiAT10N (EXPV IN� SAINT PAUL PUBLIC HEALTH Nea! Holtan, M.D., Al.P.K. Director q') -133 � CiTY OF SAfiVf PAUL NUlSANCE BUILDINGS CODE 6l2-298-4153 Norm Co[eman. Mayor ENFORCEMENT SSS Cedar SfTPE! Saint Paul, MNS�I01-1?60 iv= . _ .. . September 26, 1997 � �. . ��, NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paui Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removai of the nuisance building(s) located at: 1840 Minnehaha Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, October 21, 1997 City Council Hearing - Wednesday, November 5, 1997 The owners and responsible parties of record are: Name and Last Known Address H.U.D. Properry Disposition 220 Second Street South Minneapolis, MN 55401 Interest Fee Owner Pham Express, Inc. b531 21st Avenue South Richfield, MN 55423 Attn: Gene Johnson The legal description of this property is: Agent for HUD Lot 13, Block 2, Robert L. Waze's Eastern Heights. �l'� -1�3G � 1840 Minnehaha Avenue East September 26, 1997 Page 2 Saint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� 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. 'ncerely, . R � eta Weiss � Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gastezland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division C1j ' C �f �-t��� MINIJTES OF LEGISLATIVE HEARING October 21, 199� Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel and Guy Willits. Gerry Strathman, Legislative Hearing Officer, called the meering to order at 10:00 a.m. 1094 E. 5eventh Street William Bemie, owner of Bernie Pipe Bending and Coil Fabrication, advised he has been in business at that location 35 years. Mr. Bernie stated that some of the pipe laying in the driveway was for a customer. Guy Willits, Public Health, reported the order mailed October 4`� was to remove discarded fiuniture, vehicle parts, scrap wood, building materials, household items, rubble, large metal items, pipes and junk, Mr. Willits also presented Gerry Strathman, Legislative Hearing Officer, with photographs taken October 8�' - others taken October 15`h showing that everytlung had been removed. Mr. Strathman reminded Mr. Bernie that he is not allowed to have exterior storage in that azea and recommended denying the appeal. 2. 1160 Conwa,�treet Lennis Baas, owner, appeared, stating thai he had complied with two previous orders to clean his properry. Chuck Votel, Public Health, presented Gerry Strathman, Legislative Hearing Officer, with photographs taken October 17u. After reminding Mr. Bass that motors and stacks of wood az�e not to be stored out in the open in a residential azea, Mr. Strathman recommended denying the appeal. 1840 Minnehaha Avenue East Gerry Strathman, Legislative Hearing Officer, reported that this is a HL1D property. Sophie Haliauer had indicated during a telephone conversation that HiJD intends to mazket the property and requested an extension of sis months to repair or demolish the building. Mr. Strathman stated that the program supervisor at Public Health indicated that they are unwilling to support ihis request in view of the fact that the building is not suitable for rehabilitation. Mr. Strathman recommended approving the order to remove or repair within 15 days. q �„�3 G 4. 451 Marqazet Street Chuck Votel, Public Health, reported that this building has been vacant since April, 1497, and that four Sum�mary Abatement notices have been issued. Lazry Zielke, representing Banker's Trust Company of California, National Associarion - now the fee owner, appeared. Mr. Zielke stated that tlris property was initially sold by the Veteran's Administration on a Contract for Deed, subsequent to a prior foreclosure. The paper was purchased by Banker's Trust Company and is serviced by Nation's Bank Mortgage Corporation of Kentucky. The Contract for Deed was canceled recenfly. On October 1�` the Ramsey County District Court approved a petition for a proceeding, subsequent to the transfer of the certificate of title to Banker's Trust. Banker's Trust is requesting six months to find a buyer to bring the properry up to code compliance. Mr. Strathman stated that if Banker's Trust obtains a code compliance anspection and posts a$2,000 Bond by Noon, Wednesday, November 5'", he would recommend allowing six months for rehabilitation and added that after the six-month period, if the rehabilitation is at least 50% complete, they can request an additional six months. 5. 1421 York Avenue Chuck Votel, Public Health, reported that they received a letter from a son of the owner requesting that the city proceed with demolishing and assess the cost to taxes. Mr. Votel stated Public Health estimates the cost to repair to be more than the building is worth. Gerry Strathman recommended approval. 6. 694 Sims Avenue Russell Hamilton, owner, appeared. Mr. Hamilton stated that he made an attempt to buy this property in January from the original owner, Thomas D. Cazlstrom. Mr. Hamilton indicated that Mr. Cazistrom couid not produce a ti#le. Larry Williams (Contract for Deed Holder) abandoned the property and it was sold around August 20�'. Mr. Hamilton indicated that he wasn't awaze of everything that was going on with the property before he closed, however, he feels the house has a very solid structure and is requesting time to rehabilitate it. Gerry Strathman advised Mr. Hamilton if he would obtain a code compliance inspection and post a$2,000 bond by Noon, Wednesday, November 5�', he will recommend allowing six months to rehabilitate the building. The hearing adjourned at 10:52 a.m. o� � ��'S3 � , , ,�, � LEGISLATIVE HEARING Date: October 21, 1997 Time: 10:00 a.m. Place: Room 33� City FIall 15 West Kellogg Boulevard Gerry Strathman Legislative Hearing Officer 1. Summary Abatement appeal for 1094 E. Seventh Street; William Bernie, appellant. The Legislative Hearing Officer recommended denying the appeal. 2. Summary Abatement appeal far 1160 Conw� Street; Lennis Baas, appellant. The Legislative Hearing Officer recommended denying the appeal. Resolution ordering ffie owner to remove or repair the building located at 1840 Minnehaha Avenue East. If the owner fails to comply with the resolution, Public Health is ardered to remove the buiiding. The Legislative Hearing Officer recommended approvat of the Public Health order. 4. Resolution ordering the owner to remove or repair the building located at 951 Margaret tree . If the owner fails ta comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommended allowing six months to repair, provided a Code Compliance inspection is obtained and a$2,p0U Bond is posted by Noon, November 5, 1997. 5. Resolution ordering the owner to remove or repair the building located at _1421 York venu . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommended approval of the Public Health order. 6. Resolution ordering the owner to remove or repair the building located at 6 4 Si s ven e. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommended allowing six months to repair, provided a Code Compliance inspection is obtained and a$2,000 Bond is posted by Noon, November 5, 1997. Council File # 7 �,� �e Green Sheet # S/c2,30 RESOLUTION CI OF S��AUL, MINNESOTA �J9 Presented By � ro Referred To Committee: Date 1 WHEREAS, Public Health has requested the City Council to hold public hearings to consider 2 the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood 3 frame structure with a detached, two-stall, concrete block and wood frame garage and wood shed 4 located on property hereinafter referred to as the "Subject Propeny" and commonly known as 1840 5 Minnehaha Aveuue East. This property is legally described as follows, to wit: 6 7 I,ot 13, Block 2, Robert L. Waze's Eastern Heights 8 9 WHBREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Public Health on or before August 14, 1997, the following are the now 11 known interested or responsible parties for the Subject Properry: H.U.D. Properry Disposition, 220 12 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21st Avenue South, 13 Richfield, MN 55423, Attn: Gene Johnson 14 15 WHEREAS, Public Health has served 'an accordance with the provis3ons of Chapter 45 of the 16 Saint Paul I,egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated 17 August 6, 1997; and 18 19 WHEREAS, this order informed the then I�own 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 that they must repair or 23 demolish the structure located on the Subject Property by September 5, 1997; 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 condition has not been corrected and Public Health requested that 29 the Ciry Clerk schedule public hearings before the L.egislative Hearing Officer of the Ciry Council 30 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 I,egislative Code, of the time, date, place and 34 purpose of the public hearings; and 35 36 WHEREAS, a hearing was held before the I.egislative Hearing Officer of the SainC Paul(Ciry 37 Council on Tuesday, October 21, 1997 to hear testnnony and evidence, and after receiving � 38 testanony and evidence, made the recommendation to approve the request to order the interested or 39 responsible parties to make the Subject Property safe and not detrimental to the public peace, health, 40 safety and welfare and remove its blighting influence on the commnnity by rehabilitating this 41 structure in accordance with all applicable codes and ordinances, or in the alternative by 42 demolishing and removing the strucriue in accordance with ali applicable codes and ordinances. 43 The rehabilitation or demolation of the structure to be completed within fifteen (15) days after the 44 date of the Council Hearing; and a�-��3G WFIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 5, 1997 and the testimony and evidence including the action taken by the L.egislative Hearing O�cer 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 Properry at 1840 Minnehaha Avenue East: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Vacant(Nuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrunental 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 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby auihorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incuned against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind 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 al] 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 Legislative Code. Re ested by Department of: �� : �t �f r, c� �r7� e �9-� �.1 xe�e►,� B �, : � � 1 I . .,, -• - ��'.. I - 1�iaj Ii.� By: •'�'� By: Adopted by Council: Date .� Adoption Certi£ied by Council Secretary N°_ 51230 -T, ��3� ��,����, DATE� ���gJ97 GREEN SHEET �� � COMACT PERSON 8 PMONE / INITIAL/DATE WITIAUDATE DEPARTMENTDIRECTOR CITYCOUNqL Charles Votel 298-4153 �i ASSIGN RVATfOflNEY � arrc�K NUMBEp FOR MUST BE ON COUNCIL AGENDA BY (DATE) p��� O BUD6ET DIRECTOR � FIR 8 MGT SEflVICES DIR. bRDER MAYOR (OR ASSiSTAN'n November 5 1997 � TOTAL # OP SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNA7URE) ACTION REQUESTED_ City Covncil to pass this resolution which wi11 order the owner(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 1840 Minnehaha Avenue Sast. RECOMMENDATIONS: Approva (A) rn Re�ect (R) PERSONAI SERVICE CONTRACTS MUST ANSWER THE F04LOWING QUESTIONS: _ PLANNING COMMISSION __ CNiI SEPVICE COMMISSION �- Has [his perso6Rirm ever worketl untler a contract for this departmenP+ _C{BCOMMITTEE __ YES NO _ STpFF 2- Has this personRirm ever been a ciry employee? — YES NO _ oISTRICT COU�tT _ 3. Does this personttirm possess a skill not normally possessetl by any curraM city employee? SUPPORTS WNICH COUNCIL OBJECTIVE? YES NO Expla{n all yes answers on aeperate ahest anC attaeM to graen sheet INRIATING PROBLEM, ISSUE. OPPfJRTUNITY (Who. Whe1. When. Where. Why)� This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as de£ined 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 1840 Minnehaha Avenue East by September 5, 1997, and have failed to comply with those orders. ADVANTAGES IFAPPROVEO: The City will eliminate a nuisance. ������ ���'. 2 ��d cITY a E � �ISADVANTAGES IFAPPROVED' The City will spend funds to wreck and remove this building(s). These costs coill be assessed to the property, collected as a special assessment against th property taxes. . �•.�YO:"�r ���a�'�4 ;°pz"�+"�';'� �C,�.";' ? ,'��r' DISAOVANTAGES IF NOT APPROVEO A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTAL AMOISNT OF TRANSACTION $ S7. QOO -$8, 000 COSStREVENUE BtSDGETED (CIRCLE ONE) YES NO FUNDItdG SOURCE NUi53nCE HOUSirig Abatement pCTIVITV NUMBEfl 33261 FINANCIAL INFORHiAT10N (EXPV IN� SAINT PAUL PUBLIC HEALTH Nea! Holtan, M.D., Al.P.K. Director q') -133 � CiTY OF SAfiVf PAUL NUlSANCE BUILDINGS CODE 6l2-298-4153 Norm Co[eman. Mayor ENFORCEMENT SSS Cedar SfTPE! Saint Paul, MNS�I01-1?60 iv= . _ .. . September 26, 1997 � �. . ��, NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paui Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removai of the nuisance building(s) located at: 1840 Minnehaha Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, October 21, 1997 City Council Hearing - Wednesday, November 5, 1997 The owners and responsible parties of record are: Name and Last Known Address H.U.D. Properry Disposition 220 Second Street South Minneapolis, MN 55401 Interest Fee Owner Pham Express, Inc. b531 21st Avenue South Richfield, MN 55423 Attn: Gene Johnson The legal description of this property is: Agent for HUD Lot 13, Block 2, Robert L. Waze's Eastern Heights. �l'� -1�3G � 1840 Minnehaha Avenue East September 26, 1997 Page 2 Saint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� 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. 'ncerely, . R � eta Weiss � Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gastezland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division C1j ' C �f �-t��� MINIJTES OF LEGISLATIVE HEARING October 21, 199� Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel and Guy Willits. Gerry Strathman, Legislative Hearing Officer, called the meering to order at 10:00 a.m. 1094 E. 5eventh Street William Bemie, owner of Bernie Pipe Bending and Coil Fabrication, advised he has been in business at that location 35 years. Mr. Bernie stated that some of the pipe laying in the driveway was for a customer. Guy Willits, Public Health, reported the order mailed October 4`� was to remove discarded fiuniture, vehicle parts, scrap wood, building materials, household items, rubble, large metal items, pipes and junk, Mr. Willits also presented Gerry Strathman, Legislative Hearing Officer, with photographs taken October 8�' - others taken October 15`h showing that everytlung had been removed. Mr. Strathman reminded Mr. Bernie that he is not allowed to have exterior storage in that azea and recommended denying the appeal. 2. 1160 Conwa,�treet Lennis Baas, owner, appeared, stating thai he had complied with two previous orders to clean his properry. Chuck Votel, Public Health, presented Gerry Strathman, Legislative Hearing Officer, with photographs taken October 17u. After reminding Mr. Bass that motors and stacks of wood az�e not to be stored out in the open in a residential azea, Mr. Strathman recommended denying the appeal. 1840 Minnehaha Avenue East Gerry Strathman, Legislative Hearing Officer, reported that this is a HL1D property. Sophie Haliauer had indicated during a telephone conversation that HiJD intends to mazket the property and requested an extension of sis months to repair or demolish the building. Mr. Strathman stated that the program supervisor at Public Health indicated that they are unwilling to support ihis request in view of the fact that the building is not suitable for rehabilitation. Mr. Strathman recommended approving the order to remove or repair within 15 days. q �„�3 G 4. 451 Marqazet Street Chuck Votel, Public Health, reported that this building has been vacant since April, 1497, and that four Sum�mary Abatement notices have been issued. Lazry Zielke, representing Banker's Trust Company of California, National Associarion - now the fee owner, appeared. Mr. Zielke stated that tlris property was initially sold by the Veteran's Administration on a Contract for Deed, subsequent to a prior foreclosure. The paper was purchased by Banker's Trust Company and is serviced by Nation's Bank Mortgage Corporation of Kentucky. The Contract for Deed was canceled recenfly. On October 1�` the Ramsey County District Court approved a petition for a proceeding, subsequent to the transfer of the certificate of title to Banker's Trust. Banker's Trust is requesting six months to find a buyer to bring the properry up to code compliance. Mr. Strathman stated that if Banker's Trust obtains a code compliance anspection and posts a$2,000 Bond by Noon, Wednesday, November 5'", he would recommend allowing six months for rehabilitation and added that after the six-month period, if the rehabilitation is at least 50% complete, they can request an additional six months. 5. 1421 York Avenue Chuck Votel, Public Health, reported that they received a letter from a son of the owner requesting that the city proceed with demolishing and assess the cost to taxes. Mr. Votel stated Public Health estimates the cost to repair to be more than the building is worth. Gerry Strathman recommended approval. 6. 694 Sims Avenue Russell Hamilton, owner, appeared. Mr. Hamilton stated that he made an attempt to buy this property in January from the original owner, Thomas D. Cazlstrom. Mr. Hamilton indicated that Mr. Cazistrom couid not produce a ti#le. Larry Williams (Contract for Deed Holder) abandoned the property and it was sold around August 20�'. Mr. Hamilton indicated that he wasn't awaze of everything that was going on with the property before he closed, however, he feels the house has a very solid structure and is requesting time to rehabilitate it. Gerry Strathman advised Mr. Hamilton if he would obtain a code compliance inspection and post a$2,000 bond by Noon, Wednesday, November 5�', he will recommend allowing six months to rehabilitate the building. The hearing adjourned at 10:52 a.m. o� � ��'S3 � , , ,�, � LEGISLATIVE HEARING Date: October 21, 1997 Time: 10:00 a.m. Place: Room 33� City FIall 15 West Kellogg Boulevard Gerry Strathman Legislative Hearing Officer 1. Summary Abatement appeal for 1094 E. Seventh Street; William Bernie, appellant. The Legislative Hearing Officer recommended denying the appeal. 2. Summary Abatement appeal far 1160 Conw� Street; Lennis Baas, appellant. The Legislative Hearing Officer recommended denying the appeal. Resolution ordering ffie owner to remove or repair the building located at 1840 Minnehaha Avenue East. If the owner fails to comply with the resolution, Public Health is ardered to remove the buiiding. The Legislative Hearing Officer recommended approvat of the Public Health order. 4. Resolution ordering the owner to remove or repair the building located at 951 Margaret tree . If the owner fails ta comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommended allowing six months to repair, provided a Code Compliance inspection is obtained and a$2,p0U Bond is posted by Noon, November 5, 1997. 5. Resolution ordering the owner to remove or repair the building located at _1421 York venu . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommended approval of the Public Health order. 6. Resolution ordering the owner to remove or repair the building located at 6 4 Si s ven e. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommended allowing six months to repair, provided a Code Compliance inspection is obtained and a$2,000 Bond is posted by Noon, November 5, 1997. Council File # 7 �,� �e Green Sheet # S/c2,30 RESOLUTION CI OF S��AUL, MINNESOTA �J9 Presented By � ro Referred To Committee: Date 1 WHEREAS, Public Health has requested the City Council to hold public hearings to consider 2 the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood 3 frame structure with a detached, two-stall, concrete block and wood frame garage and wood shed 4 located on property hereinafter referred to as the "Subject Propeny" and commonly known as 1840 5 Minnehaha Aveuue East. This property is legally described as follows, to wit: 6 7 I,ot 13, Block 2, Robert L. Waze's Eastern Heights 8 9 WHBREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Public Health on or before August 14, 1997, the following are the now 11 known interested or responsible parties for the Subject Properry: H.U.D. Properry Disposition, 220 12 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21st Avenue South, 13 Richfield, MN 55423, Attn: Gene Johnson 14 15 WHEREAS, Public Health has served 'an accordance with the provis3ons of Chapter 45 of the 16 Saint Paul I,egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated 17 August 6, 1997; and 18 19 WHEREAS, this order informed the then I�own 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 that they must repair or 23 demolish the structure located on the Subject Property by September 5, 1997; 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 condition has not been corrected and Public Health requested that 29 the Ciry Clerk schedule public hearings before the L.egislative Hearing Officer of the Ciry Council 30 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 I,egislative Code, of the time, date, place and 34 purpose of the public hearings; and 35 36 WHEREAS, a hearing was held before the I.egislative Hearing Officer of the SainC Paul(Ciry 37 Council on Tuesday, October 21, 1997 to hear testnnony and evidence, and after receiving � 38 testanony and evidence, made the recommendation to approve the request to order the interested or 39 responsible parties to make the Subject Property safe and not detrimental to the public peace, health, 40 safety and welfare and remove its blighting influence on the commnnity by rehabilitating this 41 structure in accordance with all applicable codes and ordinances, or in the alternative by 42 demolishing and removing the strucriue in accordance with ali applicable codes and ordinances. 43 The rehabilitation or demolation of the structure to be completed within fifteen (15) days after the 44 date of the Council Hearing; and a�-��3G WFIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 5, 1997 and the testimony and evidence including the action taken by the L.egislative Hearing O�cer 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 Properry at 1840 Minnehaha Avenue East: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Vacant(Nuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrunental 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 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby auihorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incuned against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind 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 al] 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 Legislative Code. Re ested by Department of: �� : �t �f r, c� �r7� e �9-� �.1 xe�e►,� B �, : � � 1 I . .,, -• - ��'.. I - 1�iaj Ii.� By: •'�'� By: Adopted by Council: Date .� Adoption Certi£ied by Council Secretary N°_ 51230 -T, ��3� ��,����, DATE� ���gJ97 GREEN SHEET �� � COMACT PERSON 8 PMONE / INITIAL/DATE WITIAUDATE DEPARTMENTDIRECTOR CITYCOUNqL Charles Votel 298-4153 �i ASSIGN RVATfOflNEY � arrc�K NUMBEp FOR MUST BE ON COUNCIL AGENDA BY (DATE) p��� O BUD6ET DIRECTOR � FIR 8 MGT SEflVICES DIR. bRDER MAYOR (OR ASSiSTAN'n November 5 1997 � TOTAL # OP SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNA7URE) ACTION REQUESTED_ City Covncil to pass this resolution which wi11 order the owner(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 1840 Minnehaha Avenue Sast. RECOMMENDATIONS: Approva (A) rn Re�ect (R) PERSONAI SERVICE CONTRACTS MUST ANSWER THE F04LOWING QUESTIONS: _ PLANNING COMMISSION __ CNiI SEPVICE COMMISSION �- Has [his perso6Rirm ever worketl untler a contract for this departmenP+ _C{BCOMMITTEE __ YES NO _ STpFF 2- Has this personRirm ever been a ciry employee? — YES NO _ oISTRICT COU�tT _ 3. Does this personttirm possess a skill not normally possessetl by any curraM city employee? SUPPORTS WNICH COUNCIL OBJECTIVE? YES NO Expla{n all yes answers on aeperate ahest anC attaeM to graen sheet INRIATING PROBLEM, ISSUE. OPPfJRTUNITY (Who. Whe1. When. Where. Why)� This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as de£ined 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 1840 Minnehaha Avenue East by September 5, 1997, and have failed to comply with those orders. ADVANTAGES IFAPPROVEO: The City will eliminate a nuisance. ������ ���'. 2 ��d cITY a E � �ISADVANTAGES IFAPPROVED' The City will spend funds to wreck and remove this building(s). These costs coill be assessed to the property, collected as a special assessment against th property taxes. . �•.�YO:"�r ���a�'�4 ;°pz"�+"�';'� �C,�.";' ? ,'��r' DISAOVANTAGES IF NOT APPROVEO A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTAL AMOISNT OF TRANSACTION $ S7. QOO -$8, 000 COSStREVENUE BtSDGETED (CIRCLE ONE) YES NO FUNDItdG SOURCE NUi53nCE HOUSirig Abatement pCTIVITV NUMBEfl 33261 FINANCIAL INFORHiAT10N (EXPV IN� SAINT PAUL PUBLIC HEALTH Nea! Holtan, M.D., Al.P.K. Director q') -133 � CiTY OF SAfiVf PAUL NUlSANCE BUILDINGS CODE 6l2-298-4153 Norm Co[eman. Mayor ENFORCEMENT SSS Cedar SfTPE! Saint Paul, MNS�I01-1?60 iv= . _ .. . September 26, 1997 � �. . ��, NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paui Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removai of the nuisance building(s) located at: 1840 Minnehaha Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, October 21, 1997 City Council Hearing - Wednesday, November 5, 1997 The owners and responsible parties of record are: Name and Last Known Address H.U.D. Properry Disposition 220 Second Street South Minneapolis, MN 55401 Interest Fee Owner Pham Express, Inc. b531 21st Avenue South Richfield, MN 55423 Attn: Gene Johnson The legal description of this property is: Agent for HUD Lot 13, Block 2, Robert L. Waze's Eastern Heights. �l'� -1�3G � 1840 Minnehaha Avenue East September 26, 1997 Page 2 Saint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� 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. 'ncerely, . R � eta Weiss � Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gastezland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division C1j ' C �f �-t��� MINIJTES OF LEGISLATIVE HEARING October 21, 199� Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel and Guy Willits. Gerry Strathman, Legislative Hearing Officer, called the meering to order at 10:00 a.m. 1094 E. 5eventh Street William Bemie, owner of Bernie Pipe Bending and Coil Fabrication, advised he has been in business at that location 35 years. Mr. Bernie stated that some of the pipe laying in the driveway was for a customer. Guy Willits, Public Health, reported the order mailed October 4`� was to remove discarded fiuniture, vehicle parts, scrap wood, building materials, household items, rubble, large metal items, pipes and junk, Mr. Willits also presented Gerry Strathman, Legislative Hearing Officer, with photographs taken October 8�' - others taken October 15`h showing that everytlung had been removed. Mr. Strathman reminded Mr. Bernie that he is not allowed to have exterior storage in that azea and recommended denying the appeal. 2. 1160 Conwa,�treet Lennis Baas, owner, appeared, stating thai he had complied with two previous orders to clean his properry. Chuck Votel, Public Health, presented Gerry Strathman, Legislative Hearing Officer, with photographs taken October 17u. After reminding Mr. Bass that motors and stacks of wood az�e not to be stored out in the open in a residential azea, Mr. Strathman recommended denying the appeal. 1840 Minnehaha Avenue East Gerry Strathman, Legislative Hearing Officer, reported that this is a HL1D property. Sophie Haliauer had indicated during a telephone conversation that HiJD intends to mazket the property and requested an extension of sis months to repair or demolish the building. Mr. Strathman stated that the program supervisor at Public Health indicated that they are unwilling to support ihis request in view of the fact that the building is not suitable for rehabilitation. Mr. Strathman recommended approving the order to remove or repair within 15 days. q �„�3 G 4. 451 Marqazet Street Chuck Votel, Public Health, reported that this building has been vacant since April, 1497, and that four Sum�mary Abatement notices have been issued. Lazry Zielke, representing Banker's Trust Company of California, National Associarion - now the fee owner, appeared. Mr. Zielke stated that tlris property was initially sold by the Veteran's Administration on a Contract for Deed, subsequent to a prior foreclosure. The paper was purchased by Banker's Trust Company and is serviced by Nation's Bank Mortgage Corporation of Kentucky. The Contract for Deed was canceled recenfly. On October 1�` the Ramsey County District Court approved a petition for a proceeding, subsequent to the transfer of the certificate of title to Banker's Trust. Banker's Trust is requesting six months to find a buyer to bring the properry up to code compliance. Mr. Strathman stated that if Banker's Trust obtains a code compliance anspection and posts a$2,000 Bond by Noon, Wednesday, November 5'", he would recommend allowing six months for rehabilitation and added that after the six-month period, if the rehabilitation is at least 50% complete, they can request an additional six months. 5. 1421 York Avenue Chuck Votel, Public Health, reported that they received a letter from a son of the owner requesting that the city proceed with demolishing and assess the cost to taxes. Mr. Votel stated Public Health estimates the cost to repair to be more than the building is worth. Gerry Strathman recommended approval. 6. 694 Sims Avenue Russell Hamilton, owner, appeared. Mr. Hamilton stated that he made an attempt to buy this property in January from the original owner, Thomas D. Cazlstrom. Mr. Hamilton indicated that Mr. Cazistrom couid not produce a ti#le. Larry Williams (Contract for Deed Holder) abandoned the property and it was sold around August 20�'. Mr. Hamilton indicated that he wasn't awaze of everything that was going on with the property before he closed, however, he feels the house has a very solid structure and is requesting time to rehabilitate it. Gerry Strathman advised Mr. Hamilton if he would obtain a code compliance inspection and post a$2,000 bond by Noon, Wednesday, November 5�', he will recommend allowing six months to rehabilitate the building. The hearing adjourned at 10:52 a.m. o� � ��'S3 � , , ,�, � LEGISLATIVE HEARING Date: October 21, 1997 Time: 10:00 a.m. Place: Room 33� City FIall 15 West Kellogg Boulevard Gerry Strathman Legislative Hearing Officer 1. Summary Abatement appeal for 1094 E. Seventh Street; William Bernie, appellant. The Legislative Hearing Officer recommended denying the appeal. 2. Summary Abatement appeal far 1160 Conw� Street; Lennis Baas, appellant. The Legislative Hearing Officer recommended denying the appeal. Resolution ordering ffie owner to remove or repair the building located at 1840 Minnehaha Avenue East. If the owner fails to comply with the resolution, Public Health is ardered to remove the buiiding. The Legislative Hearing Officer recommended approvat of the Public Health order. 4. Resolution ordering the owner to remove or repair the building located at 951 Margaret tree . If the owner fails ta comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommended allowing six months to repair, provided a Code Compliance inspection is obtained and a$2,p0U Bond is posted by Noon, November 5, 1997. 5. Resolution ordering the owner to remove or repair the building located at _1421 York venu . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommended approval of the Public Health order. 6. Resolution ordering the owner to remove or repair the building located at 6 4 Si s ven e. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommended allowing six months to repair, provided a Code Compliance inspection is obtained and a$2,000 Bond is posted by Noon, November 5, 1997.