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97-576� �\ � Presented By RESOLUTION 41NT PAUL, MINNESOTA Council Fi1e # � ! S� Green Sheet # �� 7� , Referred To Committee: Date 1 R'HEREAS, Public Aealth has requested the City Council to hold public hearings to consider 2 the advisabiliry and necessity of ordering the repair or wrecking and removal of a one-story, 3 concrete block and steel frame commercial building located on properiy hereinafter refened to as 4 the "Subject Property" and commonly known as 850 Maryland Avenue East. This property is 5 legally described as follows, to wit: 6 7 Lots 7, 8, and 9, Block i, Eastville Heights. 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Public Health on or before February 25, 1997, the following are the now 11 known interested or responsible parties for the Subject Properiy: KFC Accounts Payable, P.O. Box 12 789786, Wichita, KS 672�8, Re: Y067013; KFC National Management Co., 9111 Douglas East, 13 P.O. Box 970, Wichita, KS 67278. 14 15 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 16 Saint Paul Legislative Code an order identif'ied as an "Order to Abate Nuisance Building(s)" dated 17 February 20, 1997; and 18 19 WHEREA5, this order informed the then known 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 March 2A, 1997; and 24 25 WHEREAS, the enforcement officer has posted a placard on the Subject Praperry 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 City Clerk schedule public hearings before the I,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 Legislative Code, of the time, date, place and 34 purpose of the public heazings; and 35 36 WHEREA5, a heazing was held before the I,egislative Hearing Officer of the Saint Pau1 City 37 Council on Tuesday, May 6, 1997 to hear testimony and evidence, and after receiving testimony and 38 evidence, made the recommendation to approve the request to order the interested or responsible 39 parties to make the Subject Properiy safe and not detrimental to the public peace, health, safety and 40 welfare and remove its blighting influence on the community by rehabIlitating this structure in 41 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 42 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 43 demolition of the structure to be completed within fifteen (15) days after the date of the CouncIl 44 Hearing; and �� _ s �►G WHEREAS, a hearing was held before the Saint Paul City CouncIl on Wednesday, May 14, 1997 and the testimony and evidence including ffie action taken by the Legislauve Hearing Officer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paui City Council hereby adopts the following Findings and Order concerning the Subject Property at 850 Maryland Avenue East: 1. That the Subject Property comgrises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. 2. That the costs of demolition and removal of tlus building(s) is estimated to exceed three thousand dollars ($3,OOO.QO). 3. That there naw exists and has existed muluple Housing or Building code violations at the Subject Property. 4. That an Order to Abate I�iuisance Building(s) was sent to the then known responsible parties to correct the deficiencies ar to demolish and remove the building(s). S. 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 at to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings Code Enforcement Frogram. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requiremetrts of Chapter 45 have been fulfilled. �� 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 strucriue in accordance with all applicable codes and ordinances. The rehabilitation ar demolition and removal of the structure must be completed within fifteen (15) days after the date of the Councii Hearing, � �� a 4 5 6 7 8 9 10 11 12 13 By: 2. If the above conective 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 against the Subject Property pursuant to the provisions of Chapter 45 of ffie 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 properry or fixtures of any kind which interfere with the demolition and removal shall be removed from the properiy 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 properiy as provided by law. 4. It is further ordered, that a copy of this resolurion be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L,egislative Code. Approved by May�at ✓ t! ` By: Requested by nepartmenC of: � �!� Form A, ved by Cit 1:ttorney BY: r Approved by Mayor for Submission to Council� � ` �� t �� V' � `--'" r� By: Adopted by Council: Date � °{� Adoption Certified by Council Secretary �� DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED N O � Z 2 5 � Public Health 4-11-97 GREEN SHEET ,._ . _- CONTACT PERSON & PNONE 1NITIAlIOATE INIiIAVDATE Charles VOt21 298-4153 DEPARTMENTDIREC(OR CIT/COUNGIL A�IGN CiNATSORNEV CITYCLERK MUST BE ON COUNCIL AGENOA BY (OAT� NUMBER FOti � BUDGET DIRECTOR � fIN. & MGT. SERVICES OIq. ROUTMIG May 14. 1997 ORO� MAYOP(ORASSISTAt3n � TOTAL # OF SIGNATURE PACaES � �(CLIP ALL LOCATIONS FOR StGNATURE) ACTION REQUE5TED: City Council to pass this resolution which will order the owner(s) to remove or repair the re£erenced building(s). If the owner £ails to comply with the resolution, Public Aealth is ordered to remove the building. The subject property is located at 850 Maryland Avenue East. RECAMMENDATIONS: Approve (A1 or Reject (R� PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING CUESTIONS: _ PIANNING COMMISSION _t CtVIL SERVICE COMMISSION t Has this personRirm ever worketl untler a mMrec[ for Mis departmeM? � _ qB CAMMfTTEE � YES NO _ SSA� _ - 2• Has this persoNfirm ever been a ciry empioyee? YES NO _ �IS7RICT COUHf _ 3. Does tfiis perSONfirm posses5 a skill not frormall essetl y poss by any current ciry empfoyee? SUPPoRT$ WHICH COUNCIL OBJECTIVE? YES NO Expla(n ai� yas anawers on separate sheet anA attaeh to green shcet It!ITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, IMiiat, When, Where, Why). This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the En£orcement Of£icer were given an order to repair or remove the building at 850 Maryland Avenue East by March 24, 1997, and have failed to comply with those orders. ADVANTAGES IFAPPROVED: The City will eliminate a nuisance. � APR 17 1�9� �� ,�T� �� DISA�VANTAGES IFAPPflOVED: 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. ��:+..'.'.:�.�� y... _ . ,.±.�'..�. �� , �S E�`�ft DISAOVANTAGESIFNOTAPPROVEO: �p .. sr'�d�%: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTAL AMOUNT pF TRANSACTION $ COST(pEYENUE BUDGETED (CIHCLE ONE) YE NO FUNDIfdO SOURCE NuiSdnCO Housincy Abatement pCT1V1TY NUMHER 33261 FINANCIAL INFORMATION: (EXPLAIN) �� -5�b . .,. Date: June 17, 1997 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg,Boulevard LEGISLATNE HEARIN('s Gerry Strathman Legislative Hearing Officer i. Resolution ratifying assessment of bene�ts, costs and expenses for sarnmary abatement for the following (Laid over from iune 3, 1997 L.egislative Hearing): 2106 Marshall Aveuue (39705AAA) Legislafive Hearing Officer recommended approval. 2. Summary abatement appeal for 790 Laurel Avenue; Mary Dabney, appellant. Legislative Hearing Ofticer recommended denial of the appeal. 3. Suuunary abatement appeal for �55 Marshall Avenue, Vernon Harms, appellant. Rescheduied �.0 3u1y 1, 1997. 4. Resolurian ordering the owner to remove or repair the referenced building located at 850 Maryland Avenue Eaar. If the owner fails to comply with the resolution, Public Health is ordered to remove tite building. Legislative Hearing Officer recommended approval. 5. Resolution ordering the owner to remove or repair the referenced building located at 600 Selby Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Heariug Officer recommended approval and amended the date for repair or removat of the structure to 180 days 'sF a$2,(!00 bond is posted and the necessary permits aze pulled by noon on June 25, 1997. q� - 5� 6 MINUTES OF LEGISLATIVE HEARING June 17, 1997 Room 330, City Hall Gerry Strathman, Legislative Heating Officer STAFF PRESENT: Chuck Votel, Guy Wallits, Public Health; Roxanna Flink, Real Estate Gerry Stratlunan, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. Resolution ratifying assessment of benefits, costs, and expenses for summary abatement for 2106 Marshall Avenue (J9705AAA) The owner appeared and stated he always shoveis his snow, but got behind in shoveling because he has thyroid cancer and his father died in January. Once the water froze on the sidewalk, it was difficult to remove. The city just threw sand on the snow and the assessment is too high for that. The owner stated this problem will not happen again. Also, he never received notice of this abatement beforehand. Gerry Strathman stated the costs for the assessment include the crew, equipment, heazings, and notices that are sent out. The city is recovering costs for taking care of the snow. There were comglaints from neighbors. Guy Wiilits showed a video of the properry. Chuck Votel reported the letters sent to the two listed owners were returned. A letter was then sent to the tas person and that was not returned. The public sidewalk was plowed. Mr. Strathman recommended approval of the assessment. 2. Sununary abatement appeal for 790 Laurel Avenue; Mary Dabney appellant. A picture was shown of the gazage. Mary Dabney appeazed and stated she is currently on AFDC, working temgorarily, and looking for more work. The garage doors were stolen some time ago. She may be able to pay for new doors in August. Chuck Votel reported the gazage is structurally sound, but it is against city ordinances to not have doors on a garage. Open gazages aze an amaction to children and vandals. Cserry Strathman recommended denial of the appeal. 3. Summary abatement appeal for 355 Marshall Avenue; Vernon Harxns, appellant. Rescheduled to July 1, 1997. �i� - 5� 6 LEGISLATIVE HEARING, JUNE 17, 1997 4. 1147 Vir,ginia (This matter was not scheduled on the agenda, but testimony was taken.) Page 2 Norman Jones appeazed and stated he was concerned about what will happen to the property. Sharon Kerl appeared and stated she was interested in buying and rehabilitating the house. There was a fire, but the house could not have burned for more than ten minutes. Ms. Kerl asked what she could do to inspect the property and stop the demolition. Gerry Strathman responded a third party cannot intervene and Ms. Kerl would have to locate the owner to work out something. Unless something happens soon, the Council wili probably ask it to be removed or repaired in 15 days. One of the councilmembers asked for this property to be rescheduled so there is a mix up in the scheduling at this point. However, the scheduled date for it to be heard will be posted on the buiiding. 5. Resolution ordering the owner to remove or repair the reference building located at S50 Marvland Avenue East. If the owner fails to comply with the resolution, Public Health is ordered to remove the bui lding. Chuck Votel reported the owner and prospective buyer were given a month to put together a deal and they were to appear before the Legislative Hearing Officer today. Mr. Votel recommended removing or repauing the building in 15 days. No one appeared; Gerry Strathman recommended approval of Public Health order. 6. Resolution ordering the owner to remove or repair the reference building located at 600 Selby Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Pictures were shown of the property. 5haron Bowie, the owner's daughter, appeared along with the owner. Ms. Bowie stated they have fixed the roof, painted, and put in a new bath. Some of the real estate taxes have been paid. Potential buyers appeared and stated they were attempting to purchase and rehabilitate the properry. This wi�l take a month or two. Gerry 3trathman stated 8 sumuiary abatements have been issued. This properry has been defined as a nuisance, no certificate of occupancy is on file, no bonds have been posted, and there are no permits for repair. The building has been vacant for almost 1.5 yeazs. q� �5� 6 Legislative Hearing, June 17, 1997 Page 3 Mr. Strathman asked if the parties were willing to post a$2,000 bond. Sharon Bowie responded they wiil. Mr. Strathman recommended 180 days to rehabilitate on the condition that a$2,000 bond as posted by noon of June 25 and necessary permits are pulled. _ � Gezry Strathman adjourned the meeting at 10:41 a.m. � Gerry Str�fhman, Legislative Hearing Officer q�.S�G REPORT Date: May 6, 1997 Time: 10:�Q a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman I.egislarive Iiearing O�cer 1. Resolution ratifying assessment of benefits, costs and expenses for sununary abatements for the following (Laid over &om April 15, 1997 Legisla6ve Hearing): 1132 Central (79701BB) 1086 E. Jessamine (39702BB) 694 Sherburne (J9722BB) 616 Idaho (9704AAA) 1110 Forest Street (J9704AAA) Legislative Hearing Officer recommended approval of the assessments with We following eaceptions: 328 I,exingion (J9701BB) recommended deleting the assessment. 2. Resolution ratifying assessments of benefits, costs and expenses for summary abatements for the following: J9705B--Boazdings-up of vacant buildings for November 1996 79705C—Demolition of vacant buildings for December 1996 and 7anuary 1997 397051B—Boardings-up of vacant buildings for December 1996 J9705A—S�mmary Abatements (snow removal and/or sanding waiks of winter 1997 Legislative Hearing Officer recommended approval of the assessments with the foAowing exceptions: 2176 Stillwater Avenue (J9705A) laid over to 7une 3, 1997. 3. Resolution ordering the owner to remove or repair the referenced building, iocated at.7� I�aurel Avenue. If the owner fails to comply with the resolution, Public Heaith is ordered to remove the building. Legislative Heazing Oft"icer recommended approval and amended the date for repair or removal of the structure to 180 days. �� -5� b 4, itesolution ordering the ow�r W remove or repair the refere�xd buiiding located at 850 M�y and Av n� a. . ff the ow�r fails to comply with the resolution, Public Health is ordered to remwe the � building. Laid ovea� in Legislalive Hearing w J�me 17, i997. � � ��-r�� MINUTES OF LEGISLATIVfi HEARING May 6, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Cathy Ries, Rosanna Flink, Real Estate. Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05. 1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (Laid over from April 15, 1997 I.egislative Hearing): 328 Lexington (79701BB) 1132 Central (J9701BB) 1086 E. 3essamine (39702BB) 694 Sherburne (J9722BB) 616 Idaho (9704AAA) 1110 Forest Street (J9704AAA) 1132 Central Avenue West Mohammed Shahidullah, property owner, appeared and stated that when he received the abatement order on July 19, he boarded up the building. Mr. Strathman questioned the fact that the contractor went out on July 18 and boarded the building, and then the very next day, orders were issued again to secure the building. Chuck Votel, Public Health, reported that these were new openings the day after the contractor had been there. Under the normal procedure, the contractor will board all openings that are stated on the original order. If there are openings that are not listed on the orders, the contractor will cali the inspector. The next day, the inspector issued orders for the additional openings. Mr. Strathman stated that orders were issued on 7une 18 which gave the property owner approximately one month to secure the building; the contractor did the work on July 18. He recommended approving the assessment. 328 Lexin on Mohammed Shahidullah, property owner, appeared and explained that he did secure the building after he was notified on July 9. When he was at the building and was about to leave, one of the crew was puiling off the board he had just put up. He told the worker that he had just boarded the building and asked him to wait while he called the city. When he got back to the building, the worker had left and no boarding had been done. 4�-5�b Chuck Votel, Public Health, reported that on June 28 the inspector posted a notice on � the building to secure the garage, notice was mailed on July 2 with a compliance date of July 31. On July 5 a recheck was done, the building was still open and the work order was sent to Pazks. On July 9, the contractor went out and put up one board on the gazage. Mr. Votel noted that the structure is a condemned, vacant, apartment buiiding. Mr. Strathman recommended deleting the assessment based on the property owner's testimony that he had done the work and that the contractor didn't do any boazding. 1086 Jessamine Avenue East I3o one appeared; recommended approving the assessment. 694 Sherburne Avenue No one appeared; recommended approving the assessment. 2. Resolution ratifying assessments of benefits, costs and expenses for summary abatements for the following: J9705B—Boardings-up of vacant buildings for November 1996 J9705C—Demolition of vacant buildings for December 1496 and January 1997 J97051B--Boardings-up of vacant buildings for December 1996 J9705A--Summary Abatements (snow removal and/or sanding walks of winter 1997 � 503 Asburv No one appeazed; recommended approving the assessment. 1040 Bradtex Street No one appeared; recommended approving the assessment. 6�,CIeveland Avenue North No one appeated; recommended approving the assessment. j328 Dale Sfreet North No one appeared; recommended approving the assessment. 1850 Feronia_Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. The orders were mailed on January 3, 1997, to remove snow and ice from the walk. A recheck was done on January $ and January 15. The snow was not removed and Parks did the work on January 18. Jennifer Krueger, property owner, appeared and stated that the day she received the phone call from the city, she went out and spent atmost three hours shoveling the � sidewalk. She explained that she doesn't get home from work until 4:00 p.m. and she �'��I� has a small child, so sometimes it takes her two days before she can get out to shovei. The inspector may have been out right after a snowfalt. Mr. Strathman noted that the video showed that the sidewalk in question had not been shoveled and the crew observed that it didn't look like it had been shoveled ali winter. TTa recnnuncadrd np��ruvnl <if Ihn unvrvamenl. I110 Forest Street No one appeared; recommended approving the assessment. 1528 Grand Avenue No one appeazed; recommended approving the assessment. 616 Idaho Avenue East Mr. Willits showed a video of the property and reviewed the staff report. Orders were mailed on October 30,1996, to remove furniture, aquarium, tires, refuse, junk, household items, and windows from the front Yard. The compliance date was November 7, a recheck was done on November 26, 1996 and December 3, 1996. The property was not cleaned up and Parks did the work on December 3, 1996. Helmut Freiseis, property owner, appeared and stated that after talking to the inspector, it was his understanding that he would be given some time because he was having back problems. Some of the items removed by the city were not junk; they had been moved out from the interior rooms while he was doing some remodeling. He did not understand how they differentiate between what is junk and what is not junk. Mr. Strathman noted that the orders were first mailed on October 30 and that extensions had been given. If the city removed groperty that should not have been removed, a claim may be filed with the city attorney's office. He stated that proper notification was given, the work was done by the city on December 3, and recommended approval of the assessment. 956 E. Minnehaha Mr. Wiilits showed a video of the property and reviewed the staff report. Orders were mailed on December 30, 1996 and January 7, 1996 to remove snow and ice from ihe walk. A recheck was done on December 30 and January 7, and the sidewalk had not been shoveled. A work order was sent to Parks and the work was done on December 3, 1996. Calvin Burton, property owner, appeared and stated that he did talk to the tenants responsible for shoveling the snow and they told him that someone was coming out to take care of it. He wasn't aware that it was the city that was coming out. He said he didn't receive any notice or phone cail, if he had, he would have complied. Ae felt the amount of the charge was overkill and price gouging. �1-5�6 Mr. Strathman explained how the assessment is computed. He noted that the inspector had also talked to the tenant about the snow removal. The video showed that the � sidewalk in question had not been shoveted, property notice was given and the work was done by city crews. He recommended approving the assessment. 2060 Minnehaha Avenue East No one appeared; recommended approving the assessment. 1Q76 3rd Street East No one appeared; recommended approving tlie assessment. 3. Resolution ordering the owner to remove or repair the referenced building, located at 796 Laurel v u. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Mr. Votel reported that the building was condemned in November 1996; there were three summary abatement notices issued. On February 20 1997 a list of violations was conducted, the building was declared to be a nuisance and ordered to be repaired. The vacant registration fees and real estate taxes are paid. On Apri14, 1997 a code compliance inspection was done and as of yesterday a$2,000 bond was posted, and building permits were obtained. Lynn Klicker-Uthe, attorney representing the groperty owner Pieetra Kooiker, stated � that her client plans to rehab the building. Some of the work that was initially looked at has been completed. Her ciient has applied for funding through the St. Paul Home Loan Fund. Everything is in order, bids have been received and the contractors are lined up. Their only concern is the time frame and what needs to be done to satisfy the city. Mr. Strathman stated that the issues listed on the code compliance inspection report dated April 4 need to be addressed. He recommended amending ihe date for repair or removal of the structure to 180 days. 4. Resolution ordering the owner to remove or repair the referenced building located at $50 Maryland Avenue East. If the owner fails to comply with the resolution, Public Iiealth is ordered to remove the building. Mr. Yang and Mr. Chong were present. Mr. Yang stated that they are in the process of purchasing the property from KFC, the current owners. They intend to submit a proposal for a muni market. Their intent is to improve the building; they are only interested in the property if the building is not demolished. Mr. Stra[hman asked if they were working with an agent and when they expect to purchase the building. Mr. Yang responded that they have to sigtt the purchase � agreement and plan to close within 30 days. a�-�� Mr. Votel reported that the certificate of occupancy was revoked in 1993. KFC National Management Company has been marketing the properry for the last four years unsuccessfully. The vacant building registration fees and real estate taxes are paid. An estimate cost to repair the structure is indeterminable due to possible future commercial usage. The estimated cost to demolish is $10,000. Mr. Strathman recommended laying the matter over to June 17, 1997, pending the sale of the property. The meeting adjoumed at 11:10 a.m. .�r-t.� Gerry Str�ilunan, Legislative Heazing Officer � �\ � Presented By RESOLUTION 41NT PAUL, MINNESOTA Council Fi1e # � ! S� Green Sheet # �� 7� , Referred To Committee: Date 1 R'HEREAS, Public Aealth has requested the City Council to hold public hearings to consider 2 the advisabiliry and necessity of ordering the repair or wrecking and removal of a one-story, 3 concrete block and steel frame commercial building located on properiy hereinafter refened to as 4 the "Subject Property" and commonly known as 850 Maryland Avenue East. This property is 5 legally described as follows, to wit: 6 7 Lots 7, 8, and 9, Block i, Eastville Heights. 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Public Health on or before February 25, 1997, the following are the now 11 known interested or responsible parties for the Subject Properiy: KFC Accounts Payable, P.O. Box 12 789786, Wichita, KS 672�8, Re: Y067013; KFC National Management Co., 9111 Douglas East, 13 P.O. Box 970, Wichita, KS 67278. 14 15 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 16 Saint Paul Legislative Code an order identif'ied as an "Order to Abate Nuisance Building(s)" dated 17 February 20, 1997; and 18 19 WHEREA5, this order informed the then known 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 March 2A, 1997; and 24 25 WHEREAS, the enforcement officer has posted a placard on the Subject Praperry 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 City Clerk schedule public hearings before the I,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 Legislative Code, of the time, date, place and 34 purpose of the public heazings; and 35 36 WHEREA5, a heazing was held before the I,egislative Hearing Officer of the Saint Pau1 City 37 Council on Tuesday, May 6, 1997 to hear testimony and evidence, and after receiving testimony and 38 evidence, made the recommendation to approve the request to order the interested or responsible 39 parties to make the Subject Properiy safe and not detrimental to the public peace, health, safety and 40 welfare and remove its blighting influence on the community by rehabIlitating this structure in 41 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 42 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 43 demolition of the structure to be completed within fifteen (15) days after the date of the CouncIl 44 Hearing; and �� _ s �►G WHEREAS, a hearing was held before the Saint Paul City CouncIl on Wednesday, May 14, 1997 and the testimony and evidence including ffie action taken by the Legislauve Hearing Officer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paui City Council hereby adopts the following Findings and Order concerning the Subject Property at 850 Maryland Avenue East: 1. That the Subject Property comgrises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. 2. That the costs of demolition and removal of tlus building(s) is estimated to exceed three thousand dollars ($3,OOO.QO). 3. That there naw exists and has existed muluple Housing or Building code violations at the Subject Property. 4. That an Order to Abate I�iuisance Building(s) was sent to the then known responsible parties to correct the deficiencies ar to demolish and remove the building(s). S. 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 at to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings Code Enforcement Frogram. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requiremetrts of Chapter 45 have been fulfilled. �� 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 strucriue in accordance with all applicable codes and ordinances. The rehabilitation ar demolition and removal of the structure must be completed within fifteen (15) days after the date of the Councii Hearing, � �� a 4 5 6 7 8 9 10 11 12 13 By: 2. If the above conective 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 against the Subject Property pursuant to the provisions of Chapter 45 of ffie 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 properry or fixtures of any kind which interfere with the demolition and removal shall be removed from the properiy 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 properiy as provided by law. 4. It is further ordered, that a copy of this resolurion be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L,egislative Code. Approved by May�at ✓ t! ` By: Requested by nepartmenC of: � �!� Form A, ved by Cit 1:ttorney BY: r Approved by Mayor for Submission to Council� � ` �� t �� V' � `--'" r� By: Adopted by Council: Date � °{� Adoption Certified by Council Secretary �� DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED N O � Z 2 5 � Public Health 4-11-97 GREEN SHEET ,._ . _- CONTACT PERSON & PNONE 1NITIAlIOATE INIiIAVDATE Charles VOt21 298-4153 DEPARTMENTDIREC(OR CIT/COUNGIL A�IGN CiNATSORNEV CITYCLERK MUST BE ON COUNCIL AGENOA BY (OAT� NUMBER FOti � BUDGET DIRECTOR � fIN. & MGT. SERVICES OIq. ROUTMIG May 14. 1997 ORO� MAYOP(ORASSISTAt3n � TOTAL # OF SIGNATURE PACaES � �(CLIP ALL LOCATIONS FOR StGNATURE) ACTION REQUE5TED: City Council to pass this resolution which will order the owner(s) to remove or repair the re£erenced building(s). If the owner £ails to comply with the resolution, Public Aealth is ordered to remove the building. The subject property is located at 850 Maryland Avenue East. RECAMMENDATIONS: Approve (A1 or Reject (R� PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING CUESTIONS: _ PIANNING COMMISSION _t CtVIL SERVICE COMMISSION t Has this personRirm ever worketl untler a mMrec[ for Mis departmeM? � _ qB CAMMfTTEE � YES NO _ SSA� _ - 2• Has this persoNfirm ever been a ciry empioyee? YES NO _ �IS7RICT COUHf _ 3. Does tfiis perSONfirm posses5 a skill not frormall essetl y poss by any current ciry empfoyee? SUPPoRT$ WHICH COUNCIL OBJECTIVE? YES NO Expla(n ai� yas anawers on separate sheet anA attaeh to green shcet It!ITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, IMiiat, When, Where, Why). This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the En£orcement Of£icer were given an order to repair or remove the building at 850 Maryland Avenue East by March 24, 1997, and have failed to comply with those orders. ADVANTAGES IFAPPROVED: The City will eliminate a nuisance. � APR 17 1�9� �� ,�T� �� DISA�VANTAGES IFAPPflOVED: 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. ��:+..'.'.:�.�� y... _ . ,.±.�'..�. �� , �S E�`�ft DISAOVANTAGESIFNOTAPPROVEO: �p .. sr'�d�%: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTAL AMOUNT pF TRANSACTION $ COST(pEYENUE BUDGETED (CIHCLE ONE) YE NO FUNDIfdO SOURCE NuiSdnCO Housincy Abatement pCT1V1TY NUMHER 33261 FINANCIAL INFORMATION: (EXPLAIN) �� -5�b . .,. Date: June 17, 1997 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg,Boulevard LEGISLATNE HEARIN('s Gerry Strathman Legislative Hearing Officer i. Resolution ratifying assessment of bene�ts, costs and expenses for sarnmary abatement for the following (Laid over from iune 3, 1997 L.egislative Hearing): 2106 Marshall Aveuue (39705AAA) Legislafive Hearing Officer recommended approval. 2. Summary abatement appeal for 790 Laurel Avenue; Mary Dabney, appellant. Legislative Hearing Ofticer recommended denial of the appeal. 3. Suuunary abatement appeal for �55 Marshall Avenue, Vernon Harms, appellant. Rescheduied �.0 3u1y 1, 1997. 4. Resolurian ordering the owner to remove or repair the referenced building located at 850 Maryland Avenue Eaar. If the owner fails to comply with the resolution, Public Health is ordered to remove tite building. Legislative Hearing Officer recommended approval. 5. Resolution ordering the owner to remove or repair the referenced building located at 600 Selby Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Heariug Officer recommended approval and amended the date for repair or removat of the structure to 180 days 'sF a$2,(!00 bond is posted and the necessary permits aze pulled by noon on June 25, 1997. q� - 5� 6 MINUTES OF LEGISLATIVE HEARING June 17, 1997 Room 330, City Hall Gerry Strathman, Legislative Heating Officer STAFF PRESENT: Chuck Votel, Guy Wallits, Public Health; Roxanna Flink, Real Estate Gerry Stratlunan, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. Resolution ratifying assessment of benefits, costs, and expenses for summary abatement for 2106 Marshall Avenue (J9705AAA) The owner appeared and stated he always shoveis his snow, but got behind in shoveling because he has thyroid cancer and his father died in January. Once the water froze on the sidewalk, it was difficult to remove. The city just threw sand on the snow and the assessment is too high for that. The owner stated this problem will not happen again. Also, he never received notice of this abatement beforehand. Gerry Strathman stated the costs for the assessment include the crew, equipment, heazings, and notices that are sent out. The city is recovering costs for taking care of the snow. There were comglaints from neighbors. Guy Wiilits showed a video of the properry. Chuck Votel reported the letters sent to the two listed owners were returned. A letter was then sent to the tas person and that was not returned. The public sidewalk was plowed. Mr. Strathman recommended approval of the assessment. 2. Sununary abatement appeal for 790 Laurel Avenue; Mary Dabney appellant. A picture was shown of the gazage. Mary Dabney appeazed and stated she is currently on AFDC, working temgorarily, and looking for more work. The garage doors were stolen some time ago. She may be able to pay for new doors in August. Chuck Votel reported the gazage is structurally sound, but it is against city ordinances to not have doors on a garage. Open gazages aze an amaction to children and vandals. Cserry Strathman recommended denial of the appeal. 3. Summary abatement appeal for 355 Marshall Avenue; Vernon Harxns, appellant. Rescheduled to July 1, 1997. �i� - 5� 6 LEGISLATIVE HEARING, JUNE 17, 1997 4. 1147 Vir,ginia (This matter was not scheduled on the agenda, but testimony was taken.) Page 2 Norman Jones appeazed and stated he was concerned about what will happen to the property. Sharon Kerl appeared and stated she was interested in buying and rehabilitating the house. There was a fire, but the house could not have burned for more than ten minutes. Ms. Kerl asked what she could do to inspect the property and stop the demolition. Gerry Strathman responded a third party cannot intervene and Ms. Kerl would have to locate the owner to work out something. Unless something happens soon, the Council wili probably ask it to be removed or repaired in 15 days. One of the councilmembers asked for this property to be rescheduled so there is a mix up in the scheduling at this point. However, the scheduled date for it to be heard will be posted on the buiiding. 5. Resolution ordering the owner to remove or repair the reference building located at S50 Marvland Avenue East. If the owner fails to comply with the resolution, Public Health is ordered to remove the bui lding. Chuck Votel reported the owner and prospective buyer were given a month to put together a deal and they were to appear before the Legislative Hearing Officer today. Mr. Votel recommended removing or repauing the building in 15 days. No one appeared; Gerry Strathman recommended approval of Public Health order. 6. Resolution ordering the owner to remove or repair the reference building located at 600 Selby Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Pictures were shown of the property. 5haron Bowie, the owner's daughter, appeared along with the owner. Ms. Bowie stated they have fixed the roof, painted, and put in a new bath. Some of the real estate taxes have been paid. Potential buyers appeared and stated they were attempting to purchase and rehabilitate the properry. This wi�l take a month or two. Gerry 3trathman stated 8 sumuiary abatements have been issued. This properry has been defined as a nuisance, no certificate of occupancy is on file, no bonds have been posted, and there are no permits for repair. The building has been vacant for almost 1.5 yeazs. q� �5� 6 Legislative Hearing, June 17, 1997 Page 3 Mr. Strathman asked if the parties were willing to post a$2,000 bond. Sharon Bowie responded they wiil. Mr. Strathman recommended 180 days to rehabilitate on the condition that a$2,000 bond as posted by noon of June 25 and necessary permits are pulled. _ � Gezry Strathman adjourned the meeting at 10:41 a.m. � Gerry Str�fhman, Legislative Hearing Officer q�.S�G REPORT Date: May 6, 1997 Time: 10:�Q a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman I.egislarive Iiearing O�cer 1. Resolution ratifying assessment of benefits, costs and expenses for sununary abatements for the following (Laid over &om April 15, 1997 Legisla6ve Hearing): 1132 Central (79701BB) 1086 E. Jessamine (39702BB) 694 Sherburne (J9722BB) 616 Idaho (9704AAA) 1110 Forest Street (J9704AAA) Legislative Hearing Officer recommended approval of the assessments with We following eaceptions: 328 I,exingion (J9701BB) recommended deleting the assessment. 2. Resolution ratifying assessments of benefits, costs and expenses for summary abatements for the following: J9705B--Boazdings-up of vacant buildings for November 1996 79705C—Demolition of vacant buildings for December 1996 and 7anuary 1997 397051B—Boardings-up of vacant buildings for December 1996 J9705A—S�mmary Abatements (snow removal and/or sanding waiks of winter 1997 Legislative Hearing Officer recommended approval of the assessments with the foAowing exceptions: 2176 Stillwater Avenue (J9705A) laid over to 7une 3, 1997. 3. Resolution ordering the owner to remove or repair the referenced building, iocated at.7� I�aurel Avenue. If the owner fails to comply with the resolution, Public Heaith is ordered to remove the building. Legislative Heazing Oft"icer recommended approval and amended the date for repair or removal of the structure to 180 days. �� -5� b 4, itesolution ordering the ow�r W remove or repair the refere�xd buiiding located at 850 M�y and Av n� a. . ff the ow�r fails to comply with the resolution, Public Health is ordered to remwe the � building. Laid ovea� in Legislalive Hearing w J�me 17, i997. � � ��-r�� MINUTES OF LEGISLATIVfi HEARING May 6, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Cathy Ries, Rosanna Flink, Real Estate. Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05. 1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (Laid over from April 15, 1997 I.egislative Hearing): 328 Lexington (79701BB) 1132 Central (J9701BB) 1086 E. 3essamine (39702BB) 694 Sherburne (J9722BB) 616 Idaho (9704AAA) 1110 Forest Street (J9704AAA) 1132 Central Avenue West Mohammed Shahidullah, property owner, appeared and stated that when he received the abatement order on July 19, he boarded up the building. Mr. Strathman questioned the fact that the contractor went out on July 18 and boarded the building, and then the very next day, orders were issued again to secure the building. Chuck Votel, Public Health, reported that these were new openings the day after the contractor had been there. Under the normal procedure, the contractor will board all openings that are stated on the original order. If there are openings that are not listed on the orders, the contractor will cali the inspector. The next day, the inspector issued orders for the additional openings. Mr. Strathman stated that orders were issued on 7une 18 which gave the property owner approximately one month to secure the building; the contractor did the work on July 18. He recommended approving the assessment. 328 Lexin on Mohammed Shahidullah, property owner, appeared and explained that he did secure the building after he was notified on July 9. When he was at the building and was about to leave, one of the crew was puiling off the board he had just put up. He told the worker that he had just boarded the building and asked him to wait while he called the city. When he got back to the building, the worker had left and no boarding had been done. 4�-5�b Chuck Votel, Public Health, reported that on June 28 the inspector posted a notice on � the building to secure the garage, notice was mailed on July 2 with a compliance date of July 31. On July 5 a recheck was done, the building was still open and the work order was sent to Pazks. On July 9, the contractor went out and put up one board on the gazage. Mr. Votel noted that the structure is a condemned, vacant, apartment buiiding. Mr. Strathman recommended deleting the assessment based on the property owner's testimony that he had done the work and that the contractor didn't do any boazding. 1086 Jessamine Avenue East I3o one appeared; recommended approving the assessment. 694 Sherburne Avenue No one appeared; recommended approving the assessment. 2. Resolution ratifying assessments of benefits, costs and expenses for summary abatements for the following: J9705B—Boardings-up of vacant buildings for November 1996 J9705C—Demolition of vacant buildings for December 1496 and January 1997 J97051B--Boardings-up of vacant buildings for December 1996 J9705A--Summary Abatements (snow removal and/or sanding walks of winter 1997 � 503 Asburv No one appeazed; recommended approving the assessment. 1040 Bradtex Street No one appeared; recommended approving the assessment. 6�,CIeveland Avenue North No one appeated; recommended approving the assessment. j328 Dale Sfreet North No one appeared; recommended approving the assessment. 1850 Feronia_Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. The orders were mailed on January 3, 1997, to remove snow and ice from the walk. A recheck was done on January $ and January 15. The snow was not removed and Parks did the work on January 18. Jennifer Krueger, property owner, appeared and stated that the day she received the phone call from the city, she went out and spent atmost three hours shoveling the � sidewalk. She explained that she doesn't get home from work until 4:00 p.m. and she �'��I� has a small child, so sometimes it takes her two days before she can get out to shovei. The inspector may have been out right after a snowfalt. Mr. Strathman noted that the video showed that the sidewalk in question had not been shoveled and the crew observed that it didn't look like it had been shoveled ali winter. TTa recnnuncadrd np��ruvnl <if Ihn unvrvamenl. I110 Forest Street No one appeared; recommended approving the assessment. 1528 Grand Avenue No one appeazed; recommended approving the assessment. 616 Idaho Avenue East Mr. Willits showed a video of the property and reviewed the staff report. Orders were mailed on October 30,1996, to remove furniture, aquarium, tires, refuse, junk, household items, and windows from the front Yard. The compliance date was November 7, a recheck was done on November 26, 1996 and December 3, 1996. The property was not cleaned up and Parks did the work on December 3, 1996. Helmut Freiseis, property owner, appeared and stated that after talking to the inspector, it was his understanding that he would be given some time because he was having back problems. Some of the items removed by the city were not junk; they had been moved out from the interior rooms while he was doing some remodeling. He did not understand how they differentiate between what is junk and what is not junk. Mr. Strathman noted that the orders were first mailed on October 30 and that extensions had been given. If the city removed groperty that should not have been removed, a claim may be filed with the city attorney's office. He stated that proper notification was given, the work was done by the city on December 3, and recommended approval of the assessment. 956 E. Minnehaha Mr. Wiilits showed a video of the property and reviewed the staff report. Orders were mailed on December 30, 1996 and January 7, 1996 to remove snow and ice from ihe walk. A recheck was done on December 30 and January 7, and the sidewalk had not been shoveled. A work order was sent to Parks and the work was done on December 3, 1996. Calvin Burton, property owner, appeared and stated that he did talk to the tenants responsible for shoveling the snow and they told him that someone was coming out to take care of it. He wasn't aware that it was the city that was coming out. He said he didn't receive any notice or phone cail, if he had, he would have complied. Ae felt the amount of the charge was overkill and price gouging. �1-5�6 Mr. Strathman explained how the assessment is computed. He noted that the inspector had also talked to the tenant about the snow removal. The video showed that the � sidewalk in question had not been shoveted, property notice was given and the work was done by city crews. He recommended approving the assessment. 2060 Minnehaha Avenue East No one appeared; recommended approving the assessment. 1Q76 3rd Street East No one appeared; recommended approving tlie assessment. 3. Resolution ordering the owner to remove or repair the referenced building, located at 796 Laurel v u. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Mr. Votel reported that the building was condemned in November 1996; there were three summary abatement notices issued. On February 20 1997 a list of violations was conducted, the building was declared to be a nuisance and ordered to be repaired. The vacant registration fees and real estate taxes are paid. On Apri14, 1997 a code compliance inspection was done and as of yesterday a$2,000 bond was posted, and building permits were obtained. Lynn Klicker-Uthe, attorney representing the groperty owner Pieetra Kooiker, stated � that her client plans to rehab the building. Some of the work that was initially looked at has been completed. Her ciient has applied for funding through the St. Paul Home Loan Fund. Everything is in order, bids have been received and the contractors are lined up. Their only concern is the time frame and what needs to be done to satisfy the city. Mr. Strathman stated that the issues listed on the code compliance inspection report dated April 4 need to be addressed. He recommended amending ihe date for repair or removal of the structure to 180 days. 4. Resolution ordering the owner to remove or repair the referenced building located at $50 Maryland Avenue East. If the owner fails to comply with the resolution, Public Iiealth is ordered to remove the building. Mr. Yang and Mr. Chong were present. Mr. Yang stated that they are in the process of purchasing the property from KFC, the current owners. They intend to submit a proposal for a muni market. Their intent is to improve the building; they are only interested in the property if the building is not demolished. Mr. Stra[hman asked if they were working with an agent and when they expect to purchase the building. Mr. Yang responded that they have to sigtt the purchase � agreement and plan to close within 30 days. a�-�� Mr. Votel reported that the certificate of occupancy was revoked in 1993. KFC National Management Company has been marketing the properry for the last four years unsuccessfully. The vacant building registration fees and real estate taxes are paid. An estimate cost to repair the structure is indeterminable due to possible future commercial usage. The estimated cost to demolish is $10,000. Mr. Strathman recommended laying the matter over to June 17, 1997, pending the sale of the property. The meeting adjoumed at 11:10 a.m. .�r-t.� Gerry Str�ilunan, Legislative Heazing Officer � �\ � Presented By RESOLUTION 41NT PAUL, MINNESOTA Council Fi1e # � ! S� Green Sheet # �� 7� , Referred To Committee: Date 1 R'HEREAS, Public Aealth has requested the City Council to hold public hearings to consider 2 the advisabiliry and necessity of ordering the repair or wrecking and removal of a one-story, 3 concrete block and steel frame commercial building located on properiy hereinafter refened to as 4 the "Subject Property" and commonly known as 850 Maryland Avenue East. This property is 5 legally described as follows, to wit: 6 7 Lots 7, 8, and 9, Block i, Eastville Heights. 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Public Health on or before February 25, 1997, the following are the now 11 known interested or responsible parties for the Subject Properiy: KFC Accounts Payable, P.O. Box 12 789786, Wichita, KS 672�8, Re: Y067013; KFC National Management Co., 9111 Douglas East, 13 P.O. Box 970, Wichita, KS 67278. 14 15 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 16 Saint Paul Legislative Code an order identif'ied as an "Order to Abate Nuisance Building(s)" dated 17 February 20, 1997; and 18 19 WHEREA5, this order informed the then known 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 March 2A, 1997; and 24 25 WHEREAS, the enforcement officer has posted a placard on the Subject Praperry 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 City Clerk schedule public hearings before the I,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 Legislative Code, of the time, date, place and 34 purpose of the public heazings; and 35 36 WHEREA5, a heazing was held before the I,egislative Hearing Officer of the Saint Pau1 City 37 Council on Tuesday, May 6, 1997 to hear testimony and evidence, and after receiving testimony and 38 evidence, made the recommendation to approve the request to order the interested or responsible 39 parties to make the Subject Properiy safe and not detrimental to the public peace, health, safety and 40 welfare and remove its blighting influence on the community by rehabIlitating this structure in 41 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 42 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 43 demolition of the structure to be completed within fifteen (15) days after the date of the CouncIl 44 Hearing; and �� _ s �►G WHEREAS, a hearing was held before the Saint Paul City CouncIl on Wednesday, May 14, 1997 and the testimony and evidence including ffie action taken by the Legislauve Hearing Officer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paui City Council hereby adopts the following Findings and Order concerning the Subject Property at 850 Maryland Avenue East: 1. That the Subject Property comgrises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. 2. That the costs of demolition and removal of tlus building(s) is estimated to exceed three thousand dollars ($3,OOO.QO). 3. That there naw exists and has existed muluple Housing or Building code violations at the Subject Property. 4. That an Order to Abate I�iuisance Building(s) was sent to the then known responsible parties to correct the deficiencies ar to demolish and remove the building(s). S. 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 at to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings Code Enforcement Frogram. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requiremetrts of Chapter 45 have been fulfilled. �� 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 strucriue in accordance with all applicable codes and ordinances. The rehabilitation ar demolition and removal of the structure must be completed within fifteen (15) days after the date of the Councii Hearing, � �� a 4 5 6 7 8 9 10 11 12 13 By: 2. If the above conective 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 against the Subject Property pursuant to the provisions of Chapter 45 of ffie 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 properry or fixtures of any kind which interfere with the demolition and removal shall be removed from the properiy 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 properiy as provided by law. 4. It is further ordered, that a copy of this resolurion be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L,egislative Code. Approved by May�at ✓ t! ` By: Requested by nepartmenC of: � �!� Form A, ved by Cit 1:ttorney BY: r Approved by Mayor for Submission to Council� � ` �� t �� V' � `--'" r� By: Adopted by Council: Date � °{� Adoption Certified by Council Secretary �� DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED N O � Z 2 5 � Public Health 4-11-97 GREEN SHEET ,._ . _- CONTACT PERSON & PNONE 1NITIAlIOATE INIiIAVDATE Charles VOt21 298-4153 DEPARTMENTDIREC(OR CIT/COUNGIL A�IGN CiNATSORNEV CITYCLERK MUST BE ON COUNCIL AGENOA BY (OAT� NUMBER FOti � BUDGET DIRECTOR � fIN. & MGT. SERVICES OIq. ROUTMIG May 14. 1997 ORO� MAYOP(ORASSISTAt3n � TOTAL # OF SIGNATURE PACaES � �(CLIP ALL LOCATIONS FOR StGNATURE) ACTION REQUE5TED: City Council to pass this resolution which will order the owner(s) to remove or repair the re£erenced building(s). If the owner £ails to comply with the resolution, Public Aealth is ordered to remove the building. The subject property is located at 850 Maryland Avenue East. RECAMMENDATIONS: Approve (A1 or Reject (R� PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING CUESTIONS: _ PIANNING COMMISSION _t CtVIL SERVICE COMMISSION t Has this personRirm ever worketl untler a mMrec[ for Mis departmeM? � _ qB CAMMfTTEE � YES NO _ SSA� _ - 2• Has this persoNfirm ever been a ciry empioyee? YES NO _ �IS7RICT COUHf _ 3. Does tfiis perSONfirm posses5 a skill not frormall essetl y poss by any current ciry empfoyee? SUPPoRT$ WHICH COUNCIL OBJECTIVE? YES NO Expla(n ai� yas anawers on separate sheet anA attaeh to green shcet It!ITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, IMiiat, When, Where, Why). This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the En£orcement Of£icer were given an order to repair or remove the building at 850 Maryland Avenue East by March 24, 1997, and have failed to comply with those orders. ADVANTAGES IFAPPROVED: The City will eliminate a nuisance. � APR 17 1�9� �� ,�T� �� DISA�VANTAGES IFAPPflOVED: 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. ��:+..'.'.:�.�� y... _ . ,.±.�'..�. �� , �S E�`�ft DISAOVANTAGESIFNOTAPPROVEO: �p .. sr'�d�%: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTAL AMOUNT pF TRANSACTION $ COST(pEYENUE BUDGETED (CIHCLE ONE) YE NO FUNDIfdO SOURCE NuiSdnCO Housincy Abatement pCT1V1TY NUMHER 33261 FINANCIAL INFORMATION: (EXPLAIN) �� -5�b . .,. Date: June 17, 1997 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg,Boulevard LEGISLATNE HEARIN('s Gerry Strathman Legislative Hearing Officer i. Resolution ratifying assessment of bene�ts, costs and expenses for sarnmary abatement for the following (Laid over from iune 3, 1997 L.egislative Hearing): 2106 Marshall Aveuue (39705AAA) Legislafive Hearing Officer recommended approval. 2. Summary abatement appeal for 790 Laurel Avenue; Mary Dabney, appellant. Legislative Hearing Ofticer recommended denial of the appeal. 3. Suuunary abatement appeal for �55 Marshall Avenue, Vernon Harms, appellant. Rescheduied �.0 3u1y 1, 1997. 4. Resolurian ordering the owner to remove or repair the referenced building located at 850 Maryland Avenue Eaar. If the owner fails to comply with the resolution, Public Health is ordered to remove tite building. Legislative Hearing Officer recommended approval. 5. Resolution ordering the owner to remove or repair the referenced building located at 600 Selby Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Heariug Officer recommended approval and amended the date for repair or removat of the structure to 180 days 'sF a$2,(!00 bond is posted and the necessary permits aze pulled by noon on June 25, 1997. q� - 5� 6 MINUTES OF LEGISLATIVE HEARING June 17, 1997 Room 330, City Hall Gerry Strathman, Legislative Heating Officer STAFF PRESENT: Chuck Votel, Guy Wallits, Public Health; Roxanna Flink, Real Estate Gerry Stratlunan, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. Resolution ratifying assessment of benefits, costs, and expenses for summary abatement for 2106 Marshall Avenue (J9705AAA) The owner appeared and stated he always shoveis his snow, but got behind in shoveling because he has thyroid cancer and his father died in January. Once the water froze on the sidewalk, it was difficult to remove. The city just threw sand on the snow and the assessment is too high for that. The owner stated this problem will not happen again. Also, he never received notice of this abatement beforehand. Gerry Strathman stated the costs for the assessment include the crew, equipment, heazings, and notices that are sent out. The city is recovering costs for taking care of the snow. There were comglaints from neighbors. Guy Wiilits showed a video of the properry. Chuck Votel reported the letters sent to the two listed owners were returned. A letter was then sent to the tas person and that was not returned. The public sidewalk was plowed. Mr. Strathman recommended approval of the assessment. 2. Sununary abatement appeal for 790 Laurel Avenue; Mary Dabney appellant. A picture was shown of the gazage. Mary Dabney appeazed and stated she is currently on AFDC, working temgorarily, and looking for more work. The garage doors were stolen some time ago. She may be able to pay for new doors in August. Chuck Votel reported the gazage is structurally sound, but it is against city ordinances to not have doors on a garage. Open gazages aze an amaction to children and vandals. Cserry Strathman recommended denial of the appeal. 3. Summary abatement appeal for 355 Marshall Avenue; Vernon Harxns, appellant. Rescheduled to July 1, 1997. �i� - 5� 6 LEGISLATIVE HEARING, JUNE 17, 1997 4. 1147 Vir,ginia (This matter was not scheduled on the agenda, but testimony was taken.) Page 2 Norman Jones appeazed and stated he was concerned about what will happen to the property. Sharon Kerl appeared and stated she was interested in buying and rehabilitating the house. There was a fire, but the house could not have burned for more than ten minutes. Ms. Kerl asked what she could do to inspect the property and stop the demolition. Gerry Strathman responded a third party cannot intervene and Ms. Kerl would have to locate the owner to work out something. Unless something happens soon, the Council wili probably ask it to be removed or repaired in 15 days. One of the councilmembers asked for this property to be rescheduled so there is a mix up in the scheduling at this point. However, the scheduled date for it to be heard will be posted on the buiiding. 5. Resolution ordering the owner to remove or repair the reference building located at S50 Marvland Avenue East. If the owner fails to comply with the resolution, Public Health is ordered to remove the bui lding. Chuck Votel reported the owner and prospective buyer were given a month to put together a deal and they were to appear before the Legislative Hearing Officer today. Mr. Votel recommended removing or repauing the building in 15 days. No one appeared; Gerry Strathman recommended approval of Public Health order. 6. Resolution ordering the owner to remove or repair the reference building located at 600 Selby Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Pictures were shown of the property. 5haron Bowie, the owner's daughter, appeared along with the owner. Ms. Bowie stated they have fixed the roof, painted, and put in a new bath. Some of the real estate taxes have been paid. Potential buyers appeared and stated they were attempting to purchase and rehabilitate the properry. This wi�l take a month or two. Gerry 3trathman stated 8 sumuiary abatements have been issued. This properry has been defined as a nuisance, no certificate of occupancy is on file, no bonds have been posted, and there are no permits for repair. The building has been vacant for almost 1.5 yeazs. q� �5� 6 Legislative Hearing, June 17, 1997 Page 3 Mr. Strathman asked if the parties were willing to post a$2,000 bond. Sharon Bowie responded they wiil. Mr. Strathman recommended 180 days to rehabilitate on the condition that a$2,000 bond as posted by noon of June 25 and necessary permits are pulled. _ � Gezry Strathman adjourned the meeting at 10:41 a.m. � Gerry Str�fhman, Legislative Hearing Officer q�.S�G REPORT Date: May 6, 1997 Time: 10:�Q a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman I.egislarive Iiearing O�cer 1. Resolution ratifying assessment of benefits, costs and expenses for sununary abatements for the following (Laid over &om April 15, 1997 Legisla6ve Hearing): 1132 Central (79701BB) 1086 E. Jessamine (39702BB) 694 Sherburne (J9722BB) 616 Idaho (9704AAA) 1110 Forest Street (J9704AAA) Legislative Hearing Officer recommended approval of the assessments with We following eaceptions: 328 I,exingion (J9701BB) recommended deleting the assessment. 2. Resolution ratifying assessments of benefits, costs and expenses for summary abatements for the following: J9705B--Boazdings-up of vacant buildings for November 1996 79705C—Demolition of vacant buildings for December 1996 and 7anuary 1997 397051B—Boardings-up of vacant buildings for December 1996 J9705A—S�mmary Abatements (snow removal and/or sanding waiks of winter 1997 Legislative Hearing Officer recommended approval of the assessments with the foAowing exceptions: 2176 Stillwater Avenue (J9705A) laid over to 7une 3, 1997. 3. Resolution ordering the owner to remove or repair the referenced building, iocated at.7� I�aurel Avenue. If the owner fails to comply with the resolution, Public Heaith is ordered to remove the building. Legislative Heazing Oft"icer recommended approval and amended the date for repair or removal of the structure to 180 days. �� -5� b 4, itesolution ordering the ow�r W remove or repair the refere�xd buiiding located at 850 M�y and Av n� a. . ff the ow�r fails to comply with the resolution, Public Health is ordered to remwe the � building. Laid ovea� in Legislalive Hearing w J�me 17, i997. � � ��-r�� MINUTES OF LEGISLATIVfi HEARING May 6, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Cathy Ries, Rosanna Flink, Real Estate. Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05. 1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (Laid over from April 15, 1997 I.egislative Hearing): 328 Lexington (79701BB) 1132 Central (J9701BB) 1086 E. 3essamine (39702BB) 694 Sherburne (J9722BB) 616 Idaho (9704AAA) 1110 Forest Street (J9704AAA) 1132 Central Avenue West Mohammed Shahidullah, property owner, appeared and stated that when he received the abatement order on July 19, he boarded up the building. Mr. Strathman questioned the fact that the contractor went out on July 18 and boarded the building, and then the very next day, orders were issued again to secure the building. Chuck Votel, Public Health, reported that these were new openings the day after the contractor had been there. Under the normal procedure, the contractor will board all openings that are stated on the original order. If there are openings that are not listed on the orders, the contractor will cali the inspector. The next day, the inspector issued orders for the additional openings. Mr. Strathman stated that orders were issued on 7une 18 which gave the property owner approximately one month to secure the building; the contractor did the work on July 18. He recommended approving the assessment. 328 Lexin on Mohammed Shahidullah, property owner, appeared and explained that he did secure the building after he was notified on July 9. When he was at the building and was about to leave, one of the crew was puiling off the board he had just put up. He told the worker that he had just boarded the building and asked him to wait while he called the city. When he got back to the building, the worker had left and no boarding had been done. 4�-5�b Chuck Votel, Public Health, reported that on June 28 the inspector posted a notice on � the building to secure the garage, notice was mailed on July 2 with a compliance date of July 31. On July 5 a recheck was done, the building was still open and the work order was sent to Pazks. On July 9, the contractor went out and put up one board on the gazage. Mr. Votel noted that the structure is a condemned, vacant, apartment buiiding. Mr. Strathman recommended deleting the assessment based on the property owner's testimony that he had done the work and that the contractor didn't do any boazding. 1086 Jessamine Avenue East I3o one appeared; recommended approving the assessment. 694 Sherburne Avenue No one appeared; recommended approving the assessment. 2. Resolution ratifying assessments of benefits, costs and expenses for summary abatements for the following: J9705B—Boardings-up of vacant buildings for November 1996 J9705C—Demolition of vacant buildings for December 1496 and January 1997 J97051B--Boardings-up of vacant buildings for December 1996 J9705A--Summary Abatements (snow removal and/or sanding walks of winter 1997 � 503 Asburv No one appeazed; recommended approving the assessment. 1040 Bradtex Street No one appeared; recommended approving the assessment. 6�,CIeveland Avenue North No one appeated; recommended approving the assessment. j328 Dale Sfreet North No one appeared; recommended approving the assessment. 1850 Feronia_Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. The orders were mailed on January 3, 1997, to remove snow and ice from the walk. A recheck was done on January $ and January 15. The snow was not removed and Parks did the work on January 18. Jennifer Krueger, property owner, appeared and stated that the day she received the phone call from the city, she went out and spent atmost three hours shoveling the � sidewalk. She explained that she doesn't get home from work until 4:00 p.m. and she �'��I� has a small child, so sometimes it takes her two days before she can get out to shovei. The inspector may have been out right after a snowfalt. Mr. Strathman noted that the video showed that the sidewalk in question had not been shoveled and the crew observed that it didn't look like it had been shoveled ali winter. TTa recnnuncadrd np��ruvnl <if Ihn unvrvamenl. I110 Forest Street No one appeared; recommended approving the assessment. 1528 Grand Avenue No one appeazed; recommended approving the assessment. 616 Idaho Avenue East Mr. Willits showed a video of the property and reviewed the staff report. Orders were mailed on October 30,1996, to remove furniture, aquarium, tires, refuse, junk, household items, and windows from the front Yard. The compliance date was November 7, a recheck was done on November 26, 1996 and December 3, 1996. The property was not cleaned up and Parks did the work on December 3, 1996. Helmut Freiseis, property owner, appeared and stated that after talking to the inspector, it was his understanding that he would be given some time because he was having back problems. Some of the items removed by the city were not junk; they had been moved out from the interior rooms while he was doing some remodeling. He did not understand how they differentiate between what is junk and what is not junk. Mr. Strathman noted that the orders were first mailed on October 30 and that extensions had been given. If the city removed groperty that should not have been removed, a claim may be filed with the city attorney's office. He stated that proper notification was given, the work was done by the city on December 3, and recommended approval of the assessment. 956 E. Minnehaha Mr. Wiilits showed a video of the property and reviewed the staff report. Orders were mailed on December 30, 1996 and January 7, 1996 to remove snow and ice from ihe walk. A recheck was done on December 30 and January 7, and the sidewalk had not been shoveled. A work order was sent to Parks and the work was done on December 3, 1996. Calvin Burton, property owner, appeared and stated that he did talk to the tenants responsible for shoveling the snow and they told him that someone was coming out to take care of it. He wasn't aware that it was the city that was coming out. He said he didn't receive any notice or phone cail, if he had, he would have complied. Ae felt the amount of the charge was overkill and price gouging. �1-5�6 Mr. Strathman explained how the assessment is computed. He noted that the inspector had also talked to the tenant about the snow removal. The video showed that the � sidewalk in question had not been shoveted, property notice was given and the work was done by city crews. He recommended approving the assessment. 2060 Minnehaha Avenue East No one appeared; recommended approving the assessment. 1Q76 3rd Street East No one appeared; recommended approving tlie assessment. 3. Resolution ordering the owner to remove or repair the referenced building, located at 796 Laurel v u. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Mr. Votel reported that the building was condemned in November 1996; there were three summary abatement notices issued. On February 20 1997 a list of violations was conducted, the building was declared to be a nuisance and ordered to be repaired. The vacant registration fees and real estate taxes are paid. On Apri14, 1997 a code compliance inspection was done and as of yesterday a$2,000 bond was posted, and building permits were obtained. Lynn Klicker-Uthe, attorney representing the groperty owner Pieetra Kooiker, stated � that her client plans to rehab the building. Some of the work that was initially looked at has been completed. Her ciient has applied for funding through the St. Paul Home Loan Fund. Everything is in order, bids have been received and the contractors are lined up. Their only concern is the time frame and what needs to be done to satisfy the city. Mr. Strathman stated that the issues listed on the code compliance inspection report dated April 4 need to be addressed. He recommended amending ihe date for repair or removal of the structure to 180 days. 4. Resolution ordering the owner to remove or repair the referenced building located at $50 Maryland Avenue East. If the owner fails to comply with the resolution, Public Iiealth is ordered to remove the building. Mr. Yang and Mr. Chong were present. Mr. Yang stated that they are in the process of purchasing the property from KFC, the current owners. They intend to submit a proposal for a muni market. Their intent is to improve the building; they are only interested in the property if the building is not demolished. Mr. Stra[hman asked if they were working with an agent and when they expect to purchase the building. Mr. Yang responded that they have to sigtt the purchase � agreement and plan to close within 30 days. a�-�� Mr. Votel reported that the certificate of occupancy was revoked in 1993. KFC National Management Company has been marketing the properry for the last four years unsuccessfully. The vacant building registration fees and real estate taxes are paid. An estimate cost to repair the structure is indeterminable due to possible future commercial usage. The estimated cost to demolish is $10,000. Mr. Strathman recommended laying the matter over to June 17, 1997, pending the sale of the property. The meeting adjoumed at 11:10 a.m. .�r-t.� Gerry Str�ilunan, Legislative Heazing Officer