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97-723.- -, - Presented By 3'� V� Y'c�e-`c� c�, e � — RESOLUTION CITY OF SAINT PAUL. �l ESOTA The West 80 feet of Lot 2, Block 13, Ashton and Sherburne's Addition to St. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before Mazch 19, 1997, the following are the now l�own interested or responsible parties for the Subject Property: Emil & Irene Lemke, 342 Thomas Avenue, St. Paul, MN 55103; Michael Davis, 305 Fdmund Avenue, St. Paul, MN 55103 WHEREAS, Public Health has served in accardance with the provisions of Chapter 45 of the Saint Paul L.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated March 17, 1997; and WHEREAS, this order informed the then l�own interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by April 16, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to consutute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Public Health requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, piace and purpose of the public hearings; and WHEREAS, a hearing was held before the L,egislative Hearing Officer of the Saint Paul City Council on Tuesday, June 3, 1997 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accardance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed ' �g' � b� Nov�w.ber � a� \q`1'� e' �� l�� Council File # t Green Sheet # `� 1 WAEREAS, 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 two-story, wood 3 frame dwelling with a detached, two-stall, wood frame garage located on property hereinafter 4 refened to as the "S�bject Properry" and commonly l�own as 774 Capitol Heights. This property 5 is legally described as follows, to wit: 9�t -��3 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, June 11, 1997 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefare 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 774 Capitol Heights: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul I.egisladve 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 correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been conected. 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 VacanUNuisance Buildings Code Enforcement Program. 8. That the known interested par[ies and owners are as previously stated in this resoluuon 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 detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Ordei 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 complete�•'''�'� r" • ,° °a�ti��, �� t..w�, b Noven.b��- \� \q°�rl q�-�a� 2. If the above correcuve acrion is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative 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 properry by the responsible parties by the end of this time period. If all personal properry 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 accardance with Chapter 45 of the Saint Paul L.egislative Code. Requested by Department of: Adoption Certified by Council Secretary By: Appx By: By: ��/.'/�LC�L G' d� Form App d b ity At orney By: Approved by Mayor for Submission to Council � ��V�"� By: Adopted by Council: Date �'„_„�� 1.�q�f''� a�,-�a� DEPAR �lic Hea ith oare �O5A09-97 GREEN SHEET N° _ 19089 CONTACT PER ON 8 PHONE ! INITIAUDATE INRIAL/DATE L'k33T�ES VOtEl 298-4153 ^" / DEPARTMENTDIRECTOR CITVCOUNCIL W ASSIGN CIT'ATTOflNEY OCITYCLEflK NUMBERFOR MUST BE ON COUNCIL AGENDA BY (DATEJ ROUTING BUDGET �IRECTOF O FIN. & MGT. SEflVICES �IR. J11R2 11� 1997 OflOEfl �AYOR(ORASSISTAN'n � TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACT70N qEQUE5TED: City Council to pass this resolution which will order the ovmer(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 774 Capitol Heights. RE�MMENDATIONS: Approve (A) or Aeject (F) PERSONAL SERVICE CONTRACTS MUST ANSWER TFIE FOLIOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worketl untler a contrect for Nis tlepartment? _ qB COMMfTfEE YES NO — 2. Has this person/firm ever been a city employee? _ STAFF _ YES NO _ DISTAICTCOUR7 _ 3. Does this person/firm possess a skill noi normally possessed by any current city employee? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (Who. What. When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 774 Capitol Heights by April 16, 1997, and have failed to comply with those orders. ADVANTAGES IFAPPROVED: �`� ��n; � The City will eliminate a nuisance. �� '�� - � � � � �ia ;�'�4��;;� ��;?r� �� t i� �� h' 21 3��d �'�� RECEIVE� �Wd� DISAOVANTAGESIFAPPROVED: ��s y y �� Z � The City will s end funds to wreck and remove this building(s). These costs will be assessed to th �ir r�;�4'�ected as a special assessment against the property taxes. �:�� .�� DISADVANTAGES IF NOTAPPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. $6,000 - $8,000 70TAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCIE ONE) YES NO Nuisance Housing Abatement 33261 FUNDING SOURCE ACTIVI7Y NUMBER FINANCIAL INFORMATION: (EXPLAIN) SAINT PAUL PUBLIC HEALTH Neal Haltan. MD., MP.H., Drrectar 1 � � � � CITY OF SAIM PAUL NUISANCE BUlLDlNGS CODE 612-298-4153 Norm Coleman, Mayo� ENFORCEMEM 555 Cedar Stree1 Saint Paul, MN SSI01-2260 � �° � ' 2i»=s� _. F�'S.,g� "4• ��.t�4'SS < �c'F May 9, 1997 _ , _ _ ,-- '_ .; . ,�7 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 774 Capitol Heights The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, June 3, 1997 City Council Hearing - Wednesday, June 11, 1997 The owners and responsible parties of record are: Name and Last Known Address Emil & Irene Lemke 342 Thomas Avenue St. Paul, MN 55103 Interest Fee Owner Michael Davis 305 Edmund Avenue St. Paul, MN 55103 The legal description of this property is: Property Manager The West 80 feet of Lot 2, Block 13, Ashton and Sherburne's Addition to St. Paul. �� -�a3 774 Capitol Heights May 9, 1997 Page 2 Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely . manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincere , �6� � � Reneta Weiss Program Supervisor Vacant/Nuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Buiiding Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshali Dan Pahl, PED-Housing Division 01-93 �� -�a.� REPORT: Date: June 3, 1997 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legisladve Hearing Officer 1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (I.aid over from May 6, 1997 Legislative Hearing): 2106 Mazshall Ave. (J9705AA) 473 Cretin Ave. S. (J9705AA) 1857 E. Cottage Ave. (J9705AA) 2176 Stillwater Ave. (J9705AA) 695 St. Anthony Ave. (J9705AA) 1110 Forest St. (J9704A4) Legislative Hearing Officer recommended approval of the assessments with the following exceptions: 2106 Marshall (79705AA) laid over to 7une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 2. Resolution ordering the owner to remove or repair the referenced buiiding, located at 1359 Blair Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the structure to October 11, 1997. 3. Resolution ordering the owner to remove or repair the referenced building located at�46 Westem Avenue North. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. a�-�� 4. Resolution ordering the owner to remove or repair the referenced building located at�5 Mi ig n tr pt. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Off'icer recommended approval and amended the date for repair or removal of the structure to 180 days. 5. Resolution ordering the owner to remove or repair the referenced building located at�77 Kent Street. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 6. Resolution ordering the owner to remove or repair the referenced building located at� Harrison Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended laying this matter over to July 1, 1997. 7. Resolution ordering the owner to remove or repair the referenced building located at 21 S Sherburne Avenue. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the structure to 180 days if the $200 vacant building fee is paid and $2,000 bond is posted by noon on June 11, 1997. 8. Resolution ordering the owner to remove or repair the referenced building located aiZ C�gitol Hei¢hts. If the owner fails to comply with the resoludon, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approvai and amended the date for repair or removal of the structure to November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes, appellant. The appeal was withdrawn °t�1- �l � 3 MINUTES OF LEGISLATIVE HEARING June 3, 1997 Room 330, City Hall Gerry Stratl�man, L.egislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Roxanna Flink, Real Estate. Gerry Strathn�an, Legislative fiearing Officer, called the meeting to order at 10:05 a.m. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (L,aid over from May 6, 1997 Legislative Hearing): 2106 Mazshall Ave. (J9705AA) 473 Cretin Ave. S. (J9705AA) 1857 E. Cottage Ave. (79705AA) 2176 Stillwater Ave. (J9705AA) 695 St. Anthony Ave. (J9705AA) 1110 Forest St. (J9704A4) Legislative Hearing Officer recommended approval of the assessments with the following e,xceptions: 2106 Mazshall (J9705AA) laid over to June 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessmeut to $37.50 1857 E. Cottage Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. Orders were mailed on January 30, 1997, to remove snow from the walk. A recheck was done on February 3, 1997; and the city did the work on Febraary 5, 1997. Mary Keily, properry owner, appeared and stated that she was having back problems and could not shovel her sidewalk. During that time is when they had the ice storm and she tried chopping the ice but she didn't have the strength. Mr. Stratlunan stated it is the properry owner's responsibility to shovei the walk or make arrangements to have it done. The video clearly shows the work was done by city crews and recommended approving the assessmeni. 473 Cretin Avenue S. No one appeazed; recommended approving the assessment. 1110 Forest Guy Willits, Public Health, showed a video of the properiy and reviewed the staff report. Orders were mailed on October 31, 1996 to remove mamesses, couch, refrigerators, refuse, carpeting, and discazded range. A recheck was done on November 8, 1996, the property was not cleaned up, and the work was done by tfie city on November 19, 1996. Chadoua and Youa Vue, property owners, appeared. Mr. Vue stated that they bought the property on September 16, 1996. The previous owner lived on the properry until October 5, 1996. When she moved out, she told them she would clean everything including the basement and the garage. She unlocked the gazage so that it would be easy for her people to move things out. They waited for her to come back and in the meantime, they put some of her things in the back yazd so they could clean building for people moving in. Everything tl�at was taken from the back yazd and gazage belonged to the previous owner. Mr. Strathman inquired where the orders were sent. Mr. Votel responded that they were maited to Bob Van Lee at 1110 Forest, the previous owner. Orders were also posted at the property, there was no phone listing, and the gazage was not secured. Mr. Vue stated that the only order he saw was the one dated December 24, 1996. Mr. Strathman stated that the order mailed October 31, 1996, was sent to the previous owner because she was listed on the taY records as the official owner. The previous owner had a legal obligation to inform the new owners that tlus order was outstanding. The city is required under the law to send notice to the property owner as recorded at the Ramsey county property taxation. The city followed the proper legal procedures, the video clearly shows the work was done by the city, and recommended approvai of the assessment. 122 Manitoba Avenue No one appeared. Ttris assessment was ratified on May 9, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. 2106 Manhall Avenue Laid over to June 17, 1997 458 Marvland Avenue No one appeazed. This assessment was ratified on May 14, 1497 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. q� - �a i3Q3 Randolnh Avenue No one appeazed. This assessment was ratified on May 14, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. � St. ony Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. The order was mailed December 20, 1996, to remove snow and ice from the walk. The property was rechecked on January 15, 1997; the city did the work on January 16, 1997. Mike Peters, property owner, appeared and stated that in early January when he received the nodce from the city, he took care of the problem. He received no fur[her warnings. At that time, it stormed back-to-back and the snow was blowing ail week. Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20, 1996 and January 7, 1997. City ordinance requires that snow be removed within 24 hours after a snow fall. In viewing the video, it is cleaz tUat the snow had been on the sidewalk for more than 24 hours. Mr. Peters explained that the walk had been shoveled 4 or 5 times after he was notified. It was a record winter for snow fall. The reason he never got lus walk done by the next day was because he was doing snowplowing and was usually out for 2 days. He stated that he had a right to be informed and to have a chance to take caze of the problem, the city didn't do that. Mr. Strathman stated that according to city records, the letter sent on January 7, 1997 indicated the snow was to be removed. A recheck was done on 7anuary 15 and the snow still hadn't been removed; on January 16 the city crew went out and removed the snow. It is clear on the video tbat there was snow on the sidewalk and recommended approval of the assessment. 2176 Sfillwater Avenue Guy Willits, Public Health, showed a video of the properiy and reviewed the staff report. Orders were mailed on January 21, 1997 and again January 24 to remove snow. The properiy was rechecked on January 23, 1997; the city did the work on February i, 1997. Jeff Miller, properry owner, appeazed and stated that he shoveled the sidewalk 3' wide. He did contact the city 3 times on Friday the 31st after he received the notice that the work order had been issued. He called the inspector at 9:00 a.m., 10:00 a.m., and paged him at 11:30 a.m., and he never returned his call. The Wednesday prior to that, he went out to cleaz the walk and couidn't chisel through the ice. By Friday it had warmed and he spent 3 hours cleating the sidewalk. All the city did was probably plow another inch, dug up his lawn and put dirt and sand over what he had akeady shoveled. Mr. Strathman stated that in viewing the video, it appears an attempt was made to clean it up the snow although it wasn't quite adequate. He recommended reducing the assessment from $132.50 to $37.50. 251 Wavzata Street No one appeared. This assessment was ratified on Apri19, 1997 an@ was not part of the laid over assessmenrs for today's hearing. It was re-discussed and no action was taken. Mr. Strathman noted that a letter was received from Dawn Simon the property owner expIaining that she was having personal difficuities and financial hardships. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1359 Blair Avenue. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating that the building was condemned in July 1996, 5 summary abatement noiices were issued to remove various nuisance law violations. After an inspection In Mazch 1997, the building was declazed a nuisance. A code compliance inspection was obtained on May 28, 1997, and the estimated amount of money needed to repair the structure makes it untikely and not economically feasible to rehabilitate. He also noted a Iefxer was received from community members in support of condemnation. Mr. Suathman questioned why this matter was being heazd when a bond had been posted on April 11, 1997, and permits obtained. Mr. Votel refened to the code compliance inspection report and stated that under item #4, the inspector noted that most of the work that had been done to the building and garage was substandard and would have to be redone. The building is still in a miisauce condition as it has been for some time wluch is the basis for requesting an order for repair or removal. Mr. Nguyen stated that they obtained the permit on October 1, 1997, and posted the bond which gives them 6 months to bring the house up to code. The vacant buiIding fee of $200 and the code compliance was paid. He's in the process of re-roofing the house; it's a slow process but he does has 6 months to complete the work. Mr. Strathman asked the properry owner if he e�ected to have the work completed in 6 months. Mr. Nguyen responded that he would not have posted the $2,000 bond if he didn't plan to have the work done in 6 months. When he talked to Don Wagner, he was told he could either try to sell the house the way it was or he could try to repair it, and if he posted a bond, � 9� -'1 �- the ciry was pretry lenient if 50% of the work was done within 6 months. Mr. Strathman asked about the complaints received on the property. Mr. Votel stated that they had so many problems with the properry that they issued a notice to board all accessible first floor openings to the building. It wasn't done and the city had to l�ave the contractor go out and put 16 boazds on the building to secure it. There hasn't been any real effort to complete the repairs and the city is concemed because the inspector stated in his report that the work that has already been done needs to be redone. It is substandard work and is not going to get a code compliance. The people next door want some resolution to this property. Mr. Nguyen stated tt�at every time an abatement was sent, he took caze of it. Basicaily all he wants to do is fix up the house and either rehab or sell it. He has the code compliance list and is maldng sure that the work he dces meets code. Quoc Nguyen, previous owner of the house, stated he deeded the property to his son, but explained that he stili holds ffie mortgage and has some responsibility in the matter. He is very concerned about the rehabilitation or the sale of the property to pay the balance of the mortgage. Eie wants to comply with the city. Mr. Strathman stated concern about the house being a nuisance to the neighborhood and the possibiliry that the work on the building may not be 50% completed when the 6-month period expires. If this is allowed to continue, they may be in a worse situation in a couple of months. Mr. Nguyen stated there are 4 more months and i l days before the bond expires. The reason it dcesn't look like much work has been done to the building is because everything has been on the interior. He's now ready to re-roof the house and do the siding. Tom Ryan, 1363 Blair, appeared and stated that the time line here seems to be skewed to some extent by the fact that the pernut was not pulled until April 11, 1997. The building became vacarn on July 30, 1996, and subsequenfly went into the vacant house status. It is lus understanding, through contact with the inspectors, that the owner made no move to get the building inspected until the last possible minute when he would be forced by abatement order to do so. It was only in the face of those orders that the permit was pulled and that the inspection was made. That inspection speaks for itself in terms of the quality of the work. The records contain a copy of a petirion signed by neighbors signed on August 12, 1996. He also presented a new petition signed by 25 individuals surrounding the property in question urging the city to either insure that rehabilitation go forward promptly to bring this property up to the city codes and neighborhood standards, or that this dangerous and unsightly structure be removed. The neighbors have had enough. If time is going to be granted to rehabilitate, then the most strenuous supervision shouid be put into place. Beth Randall, Executive Director of H-Mark, siated this properry has been an issue with repairs according to neighbors since January of 1945. It dcesn't appear to be economically feasible to renovate. She mentioned 8�at one thing that may not have been suggested as a financial option is selective cleazance. Also selling the buiiding as is rather than putting money into it. Her company would be willing to pay for the lot but they would not renovate the building, it would be tom down. She would discourage putring more money into the building. They are in support of the neighbors to make sure that there is a solution in a very timely fasluon. Eactending the time line isn't going to soive the probiem. Quoc Nguyen indicated that if the community wants io buy the properry, he woald be happy to sell it. Mr. Strathman stated that the fact that the bond has been posted and legai permits have been pulled, he would not recomazend proceeding with demolition until the 6 month period had expired. He recommended giving the property owner until October 11, 1997 to complete the repairs. 3. Resolution ordering the owner to remove or repair the referenced building located at 846 Westem Avenue North. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Dave Assitt, attomey representing Bankers Tzvst Company, mortgage holder on the properry, appeared and stated that they have commenced foreclosure proceedings. The properry went to sale on Mazch 22, 1997. The are in the process of reducing the redemption period from 6 months to 5 weeks and if successful, they would be the owner of the property about July 31, 1997. They have had limited accessed to the properry but they believe the structure may be rehabilitated. He requested that if the building is to be removed, the order be delayed 60 days to atiow ti� for tfieir client to obtain titIe and possession. Mr. Strathman stated that based on the information presented by staff and in viewing the photographs, the building is cieariy a public musance and therefore recommended approval of the order to remove or repair within 15 days. 4. Resolution ordering the owner to remove or repair the referenced building located at 39�schi 5t t. If the owner fa�7s to comply with fhe resoIution, PubIic Health is ordered to remove the building. Bill Manson, property owner, appeared and stated that he purchased the home from HUD on April 15, 1997 and he is in the process of rehabilitating the shucture. 0 q�_�a3 Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant since May 1996. It went through IiUD's foreclosure process and was to Mr. Manson. Previous to that, it has been a problem property for the ciry since July 1996. At this point, Mr. Manson has posted the bond and pulled building permits which aze valid until November 20 ,1 997. Mr. Strathman recommended the property owner be given 180 days to complete the rehabilitation. 5. Resolution ordering the owner to remove or repair the referenced building located at 677 Kent Street. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Faye Madison, Murnane Law Firm, appeared and stated that they have been retained by Bank of America the mortgage holder to represent them. The mortgage is FHA and they are dealing with HIJD on the property as well. Chuck Votel, Public Health, reviewed the staff report stating that the buiiding has been vacant since February 1997 and Bank of America has begun foreclosure proceedings. The properry would be transferred to HUD after the redemption period. The city has had to board the building and three summazy abatement notices were issued. Real estate ta�ces aze currently paid; the estimated cost to repair the building makes it unlikely and not economicaily feasible to rehabIlitare. Ms. Madison stated that they will be handling the mortgage foreclosure in the near future. The file is currently in slupping between Bank of America's pre-foreclosure and foreclosure departments. They haven't done any title work on the properry yet but they have received indication that the property was deeded to Paul Schwartz by Bahram Ghassemlou. After talking with Mr. Ghassemlou, it is her understanding the he deeded the properiy back to Paul Schwartz but he doesn't want it back. It was atso indicated the Mr. Schwartz and Mr. Ghassemlou would be willing to enter into negoriations for a deed in lieu of foreclosure which would speed up the process. They have been in touch with Sophie Hallauer from HUD who has ordered an emergency HUD inspection report. Mr. Strathman stated he sympathized with their objective but explained that the city is dealing with a building that has been vacant, declared to be a pubiic nuisance, and the recommendation by city inspectors is that rehabititation is not economically feasible. In view of those facts, he recommended approval of the order. 7 6. Resolution ordering the owner to remove or repair the referenced building located at 275 Harrison Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Brett Lazson, Ramsey Counry Properry Records and Revenue, reported that the properry in question is scheduled for auction June 19, 1997. There has been interest from potential buyers and he's fairiy certain that it will sell. He meet with the West 7th neighborhood group and they indicated that there is some history behind the house. He requested time to allow the properry to be sold at the auction. Chuck Votel, Public Health, reported that the properry is secured. The building was condemned in October 1996. The estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Mr. Strathman recommended the matter be laid over to 7uly l, 1997. 7. Resolution ordering the owner W remove or repair the referenced building located at 915 Sherbia�ne Avenue. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating the building has been vacant since August 1996, and there have been two summary abatement orders issued. The real estate taxes are paid and vacant building registration fees are due. A code compliance was done on April 16, 1997; the estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Ron Widerhoft, property owner, appeared and stated that he plans to sell the properry to Todd who intends to rehab the building but wants to make sure that it won't be tom down. Mr. Strathman s[ated that based on the information presented by staff and in viewing the photographs of the building, he would require that a$2,000 bond is posted and permits pulled as an assurance that the building would be rehabilitated within 6 months. The perspective buyer indicated that would not be a problem. Mr. Strathman recommended giving the property owner 180 days to repair the building on the condition that the vacant building fees aze paid, and a$2,000 bond is posted by noon on Wed�sday, 3une 11, 1997. °I� -�1�3 8. Resolution ordering the owner to remove or repair the referenced building located at 774 Canitol Heights. If the owner fails to comply with the resolufion, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report and stated that the buiiding was condemned in October 1996. The city had to board the building, registration fees and taxes aze paid. On Apri18, 1997 a Code Compliance inspection was done. The bond was posted with the building inspection department on May 12, 1997, and a permit obtained wluch is valid until November 12, 1997. Public Health wants an order that says if the owner doesn't get the work done, the building is tom down. Mike Davis, grandson of the property owner, Emil Lemke, appeazed and stated tUat he intends to rehabilitate the building. He explained that he was late in posting the bond because he went to the wrong address and by the time he got to the right office it had closed. The following Monday he posted the bond but notice had already been mailed. Mr. Strathman recommended amending the resolution and giving the properry owner until November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes, appellant. No one appeared. The appeal was withdrawn; the gazage was removed. The meeting adjourned at 11:45 a.m. Gerry StratJ�man, Legislative Heazing Officer .- -, - Presented By 3'� V� Y'c�e-`c� c�, e � — RESOLUTION CITY OF SAINT PAUL. �l ESOTA The West 80 feet of Lot 2, Block 13, Ashton and Sherburne's Addition to St. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before Mazch 19, 1997, the following are the now l�own interested or responsible parties for the Subject Property: Emil & Irene Lemke, 342 Thomas Avenue, St. Paul, MN 55103; Michael Davis, 305 Fdmund Avenue, St. Paul, MN 55103 WHEREAS, Public Health has served in accardance with the provisions of Chapter 45 of the Saint Paul L.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated March 17, 1997; and WHEREAS, this order informed the then l�own interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by April 16, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to consutute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Public Health requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, piace and purpose of the public hearings; and WHEREAS, a hearing was held before the L,egislative Hearing Officer of the Saint Paul City Council on Tuesday, June 3, 1997 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accardance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed ' �g' � b� Nov�w.ber � a� \q`1'� e' �� l�� Council File # t Green Sheet # `� 1 WAEREAS, 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 two-story, wood 3 frame dwelling with a detached, two-stall, wood frame garage located on property hereinafter 4 refened to as the "S�bject Properry" and commonly l�own as 774 Capitol Heights. This property 5 is legally described as follows, to wit: 9�t -��3 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, June 11, 1997 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefare 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 774 Capitol Heights: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul I.egisladve 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 correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been conected. 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 VacanUNuisance Buildings Code Enforcement Program. 8. That the known interested par[ies and owners are as previously stated in this resoluuon 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 detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Ordei 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 complete�•'''�'� r" • ,° °a�ti��, �� t..w�, b Noven.b��- \� \q°�rl q�-�a� 2. If the above correcuve acrion is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative 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 properry by the responsible parties by the end of this time period. If all personal properry 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 accardance with Chapter 45 of the Saint Paul L.egislative Code. Requested by Department of: Adoption Certified by Council Secretary By: Appx By: By: ��/.'/�LC�L G' d� Form App d b ity At orney By: Approved by Mayor for Submission to Council � ��V�"� By: Adopted by Council: Date �'„_„�� 1.�q�f''� a�,-�a� DEPAR �lic Hea ith oare �O5A09-97 GREEN SHEET N° _ 19089 CONTACT PER ON 8 PHONE ! INITIAUDATE INRIAL/DATE L'k33T�ES VOtEl 298-4153 ^" / DEPARTMENTDIRECTOR CITVCOUNCIL W ASSIGN CIT'ATTOflNEY OCITYCLEflK NUMBERFOR MUST BE ON COUNCIL AGENDA BY (DATEJ ROUTING BUDGET �IRECTOF O FIN. & MGT. SEflVICES �IR. J11R2 11� 1997 OflOEfl �AYOR(ORASSISTAN'n � TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACT70N qEQUE5TED: City Council to pass this resolution which will order the ovmer(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 774 Capitol Heights. RE�MMENDATIONS: Approve (A) or Aeject (F) PERSONAL SERVICE CONTRACTS MUST ANSWER TFIE FOLIOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worketl untler a contrect for Nis tlepartment? _ qB COMMfTfEE YES NO — 2. Has this person/firm ever been a city employee? _ STAFF _ YES NO _ DISTAICTCOUR7 _ 3. Does this person/firm possess a skill noi normally possessed by any current city employee? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (Who. What. When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 774 Capitol Heights by April 16, 1997, and have failed to comply with those orders. ADVANTAGES IFAPPROVED: �`� ��n; � The City will eliminate a nuisance. �� '�� - � � � � �ia ;�'�4��;;� ��;?r� �� t i� �� h' 21 3��d �'�� RECEIVE� �Wd� DISAOVANTAGESIFAPPROVED: ��s y y �� Z � The City will s end funds to wreck and remove this building(s). These costs will be assessed to th �ir r�;�4'�ected as a special assessment against the property taxes. �:�� .�� DISADVANTAGES IF NOTAPPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. $6,000 - $8,000 70TAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCIE ONE) YES NO Nuisance Housing Abatement 33261 FUNDING SOURCE ACTIVI7Y NUMBER FINANCIAL INFORMATION: (EXPLAIN) SAINT PAUL PUBLIC HEALTH Neal Haltan. MD., MP.H., Drrectar 1 � � � � CITY OF SAIM PAUL NUISANCE BUlLDlNGS CODE 612-298-4153 Norm Coleman, Mayo� ENFORCEMEM 555 Cedar Stree1 Saint Paul, MN SSI01-2260 � �° � ' 2i»=s� _. F�'S.,g� "4• ��.t�4'SS < �c'F May 9, 1997 _ , _ _ ,-- '_ .; . ,�7 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 774 Capitol Heights The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, June 3, 1997 City Council Hearing - Wednesday, June 11, 1997 The owners and responsible parties of record are: Name and Last Known Address Emil & Irene Lemke 342 Thomas Avenue St. Paul, MN 55103 Interest Fee Owner Michael Davis 305 Edmund Avenue St. Paul, MN 55103 The legal description of this property is: Property Manager The West 80 feet of Lot 2, Block 13, Ashton and Sherburne's Addition to St. Paul. �� -�a3 774 Capitol Heights May 9, 1997 Page 2 Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely . manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincere , �6� � � Reneta Weiss Program Supervisor Vacant/Nuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Buiiding Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshali Dan Pahl, PED-Housing Division 01-93 �� -�a.� REPORT: Date: June 3, 1997 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legisladve Hearing Officer 1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (I.aid over from May 6, 1997 Legislative Hearing): 2106 Mazshall Ave. (J9705AA) 473 Cretin Ave. S. (J9705AA) 1857 E. Cottage Ave. (J9705AA) 2176 Stillwater Ave. (J9705AA) 695 St. Anthony Ave. (J9705AA) 1110 Forest St. (J9704A4) Legislative Hearing Officer recommended approval of the assessments with the following exceptions: 2106 Marshall (79705AA) laid over to 7une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 2. Resolution ordering the owner to remove or repair the referenced buiiding, located at 1359 Blair Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the structure to October 11, 1997. 3. Resolution ordering the owner to remove or repair the referenced building located at�46 Westem Avenue North. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. a�-�� 4. Resolution ordering the owner to remove or repair the referenced building located at�5 Mi ig n tr pt. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Off'icer recommended approval and amended the date for repair or removal of the structure to 180 days. 5. Resolution ordering the owner to remove or repair the referenced building located at�77 Kent Street. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 6. Resolution ordering the owner to remove or repair the referenced building located at� Harrison Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended laying this matter over to July 1, 1997. 7. Resolution ordering the owner to remove or repair the referenced building located at 21 S Sherburne Avenue. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the structure to 180 days if the $200 vacant building fee is paid and $2,000 bond is posted by noon on June 11, 1997. 8. Resolution ordering the owner to remove or repair the referenced building located aiZ C�gitol Hei¢hts. If the owner fails to comply with the resoludon, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approvai and amended the date for repair or removal of the structure to November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes, appellant. The appeal was withdrawn °t�1- �l � 3 MINUTES OF LEGISLATIVE HEARING June 3, 1997 Room 330, City Hall Gerry Stratl�man, L.egislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Roxanna Flink, Real Estate. Gerry Strathn�an, Legislative fiearing Officer, called the meeting to order at 10:05 a.m. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (L,aid over from May 6, 1997 Legislative Hearing): 2106 Mazshall Ave. (J9705AA) 473 Cretin Ave. S. (J9705AA) 1857 E. Cottage Ave. (79705AA) 2176 Stillwater Ave. (J9705AA) 695 St. Anthony Ave. (J9705AA) 1110 Forest St. (J9704A4) Legislative Hearing Officer recommended approval of the assessments with the following e,xceptions: 2106 Mazshall (J9705AA) laid over to June 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessmeut to $37.50 1857 E. Cottage Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. Orders were mailed on January 30, 1997, to remove snow from the walk. A recheck was done on February 3, 1997; and the city did the work on Febraary 5, 1997. Mary Keily, properry owner, appeared and stated that she was having back problems and could not shovel her sidewalk. During that time is when they had the ice storm and she tried chopping the ice but she didn't have the strength. Mr. Stratlunan stated it is the properry owner's responsibility to shovei the walk or make arrangements to have it done. The video clearly shows the work was done by city crews and recommended approving the assessmeni. 473 Cretin Avenue S. No one appeazed; recommended approving the assessment. 1110 Forest Guy Willits, Public Health, showed a video of the properiy and reviewed the staff report. Orders were mailed on October 31, 1996 to remove mamesses, couch, refrigerators, refuse, carpeting, and discazded range. A recheck was done on November 8, 1996, the property was not cleaned up, and the work was done by tfie city on November 19, 1996. Chadoua and Youa Vue, property owners, appeared. Mr. Vue stated that they bought the property on September 16, 1996. The previous owner lived on the properry until October 5, 1996. When she moved out, she told them she would clean everything including the basement and the garage. She unlocked the gazage so that it would be easy for her people to move things out. They waited for her to come back and in the meantime, they put some of her things in the back yazd so they could clean building for people moving in. Everything tl�at was taken from the back yazd and gazage belonged to the previous owner. Mr. Strathman inquired where the orders were sent. Mr. Votel responded that they were maited to Bob Van Lee at 1110 Forest, the previous owner. Orders were also posted at the property, there was no phone listing, and the gazage was not secured. Mr. Vue stated that the only order he saw was the one dated December 24, 1996. Mr. Strathman stated that the order mailed October 31, 1996, was sent to the previous owner because she was listed on the taY records as the official owner. The previous owner had a legal obligation to inform the new owners that tlus order was outstanding. The city is required under the law to send notice to the property owner as recorded at the Ramsey county property taxation. The city followed the proper legal procedures, the video clearly shows the work was done by the city, and recommended approvai of the assessment. 122 Manitoba Avenue No one appeared. Ttris assessment was ratified on May 9, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. 2106 Manhall Avenue Laid over to June 17, 1997 458 Marvland Avenue No one appeazed. This assessment was ratified on May 14, 1497 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. q� - �a i3Q3 Randolnh Avenue No one appeazed. This assessment was ratified on May 14, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. � St. ony Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. The order was mailed December 20, 1996, to remove snow and ice from the walk. The property was rechecked on January 15, 1997; the city did the work on January 16, 1997. Mike Peters, property owner, appeared and stated that in early January when he received the nodce from the city, he took care of the problem. He received no fur[her warnings. At that time, it stormed back-to-back and the snow was blowing ail week. Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20, 1996 and January 7, 1997. City ordinance requires that snow be removed within 24 hours after a snow fall. In viewing the video, it is cleaz tUat the snow had been on the sidewalk for more than 24 hours. Mr. Peters explained that the walk had been shoveled 4 or 5 times after he was notified. It was a record winter for snow fall. The reason he never got lus walk done by the next day was because he was doing snowplowing and was usually out for 2 days. He stated that he had a right to be informed and to have a chance to take caze of the problem, the city didn't do that. Mr. Strathman stated that according to city records, the letter sent on January 7, 1997 indicated the snow was to be removed. A recheck was done on 7anuary 15 and the snow still hadn't been removed; on January 16 the city crew went out and removed the snow. It is clear on the video tbat there was snow on the sidewalk and recommended approval of the assessment. 2176 Sfillwater Avenue Guy Willits, Public Health, showed a video of the properiy and reviewed the staff report. Orders were mailed on January 21, 1997 and again January 24 to remove snow. The properiy was rechecked on January 23, 1997; the city did the work on February i, 1997. Jeff Miller, properry owner, appeazed and stated that he shoveled the sidewalk 3' wide. He did contact the city 3 times on Friday the 31st after he received the notice that the work order had been issued. He called the inspector at 9:00 a.m., 10:00 a.m., and paged him at 11:30 a.m., and he never returned his call. The Wednesday prior to that, he went out to cleaz the walk and couidn't chisel through the ice. By Friday it had warmed and he spent 3 hours cleating the sidewalk. All the city did was probably plow another inch, dug up his lawn and put dirt and sand over what he had akeady shoveled. Mr. Strathman stated that in viewing the video, it appears an attempt was made to clean it up the snow although it wasn't quite adequate. He recommended reducing the assessment from $132.50 to $37.50. 251 Wavzata Street No one appeared. This assessment was ratified on Apri19, 1997 an@ was not part of the laid over assessmenrs for today's hearing. It was re-discussed and no action was taken. Mr. Strathman noted that a letter was received from Dawn Simon the property owner expIaining that she was having personal difficuities and financial hardships. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1359 Blair Avenue. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating that the building was condemned in July 1996, 5 summary abatement noiices were issued to remove various nuisance law violations. After an inspection In Mazch 1997, the building was declazed a nuisance. A code compliance inspection was obtained on May 28, 1997, and the estimated amount of money needed to repair the structure makes it untikely and not economically feasible to rehabilitate. He also noted a Iefxer was received from community members in support of condemnation. Mr. Suathman questioned why this matter was being heazd when a bond had been posted on April 11, 1997, and permits obtained. Mr. Votel refened to the code compliance inspection report and stated that under item #4, the inspector noted that most of the work that had been done to the building and garage was substandard and would have to be redone. The building is still in a miisauce condition as it has been for some time wluch is the basis for requesting an order for repair or removal. Mr. Nguyen stated that they obtained the permit on October 1, 1997, and posted the bond which gives them 6 months to bring the house up to code. The vacant buiIding fee of $200 and the code compliance was paid. He's in the process of re-roofing the house; it's a slow process but he does has 6 months to complete the work. Mr. Strathman asked the properry owner if he e�ected to have the work completed in 6 months. Mr. Nguyen responded that he would not have posted the $2,000 bond if he didn't plan to have the work done in 6 months. When he talked to Don Wagner, he was told he could either try to sell the house the way it was or he could try to repair it, and if he posted a bond, � 9� -'1 �- the ciry was pretry lenient if 50% of the work was done within 6 months. Mr. Strathman asked about the complaints received on the property. Mr. Votel stated that they had so many problems with the properry that they issued a notice to board all accessible first floor openings to the building. It wasn't done and the city had to l�ave the contractor go out and put 16 boazds on the building to secure it. There hasn't been any real effort to complete the repairs and the city is concemed because the inspector stated in his report that the work that has already been done needs to be redone. It is substandard work and is not going to get a code compliance. The people next door want some resolution to this property. Mr. Nguyen stated tt�at every time an abatement was sent, he took caze of it. Basicaily all he wants to do is fix up the house and either rehab or sell it. He has the code compliance list and is maldng sure that the work he dces meets code. Quoc Nguyen, previous owner of the house, stated he deeded the property to his son, but explained that he stili holds ffie mortgage and has some responsibility in the matter. He is very concerned about the rehabilitation or the sale of the property to pay the balance of the mortgage. Eie wants to comply with the city. Mr. Strathman stated concern about the house being a nuisance to the neighborhood and the possibiliry that the work on the building may not be 50% completed when the 6-month period expires. If this is allowed to continue, they may be in a worse situation in a couple of months. Mr. Nguyen stated there are 4 more months and i l days before the bond expires. The reason it dcesn't look like much work has been done to the building is because everything has been on the interior. He's now ready to re-roof the house and do the siding. Tom Ryan, 1363 Blair, appeared and stated that the time line here seems to be skewed to some extent by the fact that the pernut was not pulled until April 11, 1997. The building became vacarn on July 30, 1996, and subsequenfly went into the vacant house status. It is lus understanding, through contact with the inspectors, that the owner made no move to get the building inspected until the last possible minute when he would be forced by abatement order to do so. It was only in the face of those orders that the permit was pulled and that the inspection was made. That inspection speaks for itself in terms of the quality of the work. The records contain a copy of a petirion signed by neighbors signed on August 12, 1996. He also presented a new petition signed by 25 individuals surrounding the property in question urging the city to either insure that rehabilitation go forward promptly to bring this property up to the city codes and neighborhood standards, or that this dangerous and unsightly structure be removed. The neighbors have had enough. If time is going to be granted to rehabilitate, then the most strenuous supervision shouid be put into place. Beth Randall, Executive Director of H-Mark, siated this properry has been an issue with repairs according to neighbors since January of 1945. It dcesn't appear to be economically feasible to renovate. She mentioned 8�at one thing that may not have been suggested as a financial option is selective cleazance. Also selling the buiiding as is rather than putting money into it. Her company would be willing to pay for the lot but they would not renovate the building, it would be tom down. She would discourage putring more money into the building. They are in support of the neighbors to make sure that there is a solution in a very timely fasluon. Eactending the time line isn't going to soive the probiem. Quoc Nguyen indicated that if the community wants io buy the properry, he woald be happy to sell it. Mr. Strathman stated that the fact that the bond has been posted and legai permits have been pulled, he would not recomazend proceeding with demolition until the 6 month period had expired. He recommended giving the property owner until October 11, 1997 to complete the repairs. 3. Resolution ordering the owner to remove or repair the referenced building located at 846 Westem Avenue North. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Dave Assitt, attomey representing Bankers Tzvst Company, mortgage holder on the properry, appeared and stated that they have commenced foreclosure proceedings. The properry went to sale on Mazch 22, 1997. The are in the process of reducing the redemption period from 6 months to 5 weeks and if successful, they would be the owner of the property about July 31, 1997. They have had limited accessed to the properry but they believe the structure may be rehabilitated. He requested that if the building is to be removed, the order be delayed 60 days to atiow ti� for tfieir client to obtain titIe and possession. Mr. Strathman stated that based on the information presented by staff and in viewing the photographs, the building is cieariy a public musance and therefore recommended approval of the order to remove or repair within 15 days. 4. Resolution ordering the owner to remove or repair the referenced building located at 39�schi 5t t. If the owner fa�7s to comply with fhe resoIution, PubIic Health is ordered to remove the building. Bill Manson, property owner, appeared and stated that he purchased the home from HUD on April 15, 1997 and he is in the process of rehabilitating the shucture. 0 q�_�a3 Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant since May 1996. It went through IiUD's foreclosure process and was to Mr. Manson. Previous to that, it has been a problem property for the ciry since July 1996. At this point, Mr. Manson has posted the bond and pulled building permits which aze valid until November 20 ,1 997. Mr. Strathman recommended the property owner be given 180 days to complete the rehabilitation. 5. Resolution ordering the owner to remove or repair the referenced building located at 677 Kent Street. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Faye Madison, Murnane Law Firm, appeared and stated that they have been retained by Bank of America the mortgage holder to represent them. The mortgage is FHA and they are dealing with HIJD on the property as well. Chuck Votel, Public Health, reviewed the staff report stating that the buiiding has been vacant since February 1997 and Bank of America has begun foreclosure proceedings. The properry would be transferred to HUD after the redemption period. The city has had to board the building and three summazy abatement notices were issued. Real estate ta�ces aze currently paid; the estimated cost to repair the building makes it unlikely and not economicaily feasible to rehabIlitare. Ms. Madison stated that they will be handling the mortgage foreclosure in the near future. The file is currently in slupping between Bank of America's pre-foreclosure and foreclosure departments. They haven't done any title work on the properry yet but they have received indication that the property was deeded to Paul Schwartz by Bahram Ghassemlou. After talking with Mr. Ghassemlou, it is her understanding the he deeded the properiy back to Paul Schwartz but he doesn't want it back. It was atso indicated the Mr. Schwartz and Mr. Ghassemlou would be willing to enter into negoriations for a deed in lieu of foreclosure which would speed up the process. They have been in touch with Sophie Hallauer from HUD who has ordered an emergency HUD inspection report. Mr. Strathman stated he sympathized with their objective but explained that the city is dealing with a building that has been vacant, declared to be a pubiic nuisance, and the recommendation by city inspectors is that rehabititation is not economically feasible. In view of those facts, he recommended approval of the order. 7 6. Resolution ordering the owner to remove or repair the referenced building located at 275 Harrison Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Brett Lazson, Ramsey Counry Properry Records and Revenue, reported that the properry in question is scheduled for auction June 19, 1997. There has been interest from potential buyers and he's fairiy certain that it will sell. He meet with the West 7th neighborhood group and they indicated that there is some history behind the house. He requested time to allow the properry to be sold at the auction. Chuck Votel, Public Health, reported that the properry is secured. The building was condemned in October 1996. The estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Mr. Strathman recommended the matter be laid over to 7uly l, 1997. 7. Resolution ordering the owner W remove or repair the referenced building located at 915 Sherbia�ne Avenue. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating the building has been vacant since August 1996, and there have been two summary abatement orders issued. The real estate taxes are paid and vacant building registration fees are due. A code compliance was done on April 16, 1997; the estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Ron Widerhoft, property owner, appeared and stated that he plans to sell the properry to Todd who intends to rehab the building but wants to make sure that it won't be tom down. Mr. Strathman s[ated that based on the information presented by staff and in viewing the photographs of the building, he would require that a$2,000 bond is posted and permits pulled as an assurance that the building would be rehabilitated within 6 months. The perspective buyer indicated that would not be a problem. Mr. Strathman recommended giving the property owner 180 days to repair the building on the condition that the vacant building fees aze paid, and a$2,000 bond is posted by noon on Wed�sday, 3une 11, 1997. °I� -�1�3 8. Resolution ordering the owner to remove or repair the referenced building located at 774 Canitol Heights. If the owner fails to comply with the resolufion, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report and stated that the buiiding was condemned in October 1996. The city had to board the building, registration fees and taxes aze paid. On Apri18, 1997 a Code Compliance inspection was done. The bond was posted with the building inspection department on May 12, 1997, and a permit obtained wluch is valid until November 12, 1997. Public Health wants an order that says if the owner doesn't get the work done, the building is tom down. Mike Davis, grandson of the property owner, Emil Lemke, appeazed and stated tUat he intends to rehabilitate the building. He explained that he was late in posting the bond because he went to the wrong address and by the time he got to the right office it had closed. The following Monday he posted the bond but notice had already been mailed. Mr. Strathman recommended amending the resolution and giving the properry owner until November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes, appellant. No one appeared. The appeal was withdrawn; the gazage was removed. The meeting adjourned at 11:45 a.m. Gerry StratJ�man, Legislative Heazing Officer .- -, - Presented By 3'� V� Y'c�e-`c� c�, e � — RESOLUTION CITY OF SAINT PAUL. �l ESOTA The West 80 feet of Lot 2, Block 13, Ashton and Sherburne's Addition to St. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before Mazch 19, 1997, the following are the now l�own interested or responsible parties for the Subject Property: Emil & Irene Lemke, 342 Thomas Avenue, St. Paul, MN 55103; Michael Davis, 305 Fdmund Avenue, St. Paul, MN 55103 WHEREAS, Public Health has served in accardance with the provisions of Chapter 45 of the Saint Paul L.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated March 17, 1997; and WHEREAS, this order informed the then l�own interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by April 16, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to consutute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Public Health requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, piace and purpose of the public hearings; and WHEREAS, a hearing was held before the L,egislative Hearing Officer of the Saint Paul City Council on Tuesday, June 3, 1997 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accardance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed ' �g' � b� Nov�w.ber � a� \q`1'� e' �� l�� Council File # t Green Sheet # `� 1 WAEREAS, 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 two-story, wood 3 frame dwelling with a detached, two-stall, wood frame garage located on property hereinafter 4 refened to as the "S�bject Properry" and commonly l�own as 774 Capitol Heights. This property 5 is legally described as follows, to wit: 9�t -��3 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, June 11, 1997 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefare 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 774 Capitol Heights: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul I.egisladve 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 correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been conected. 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 VacanUNuisance Buildings Code Enforcement Program. 8. That the known interested par[ies and owners are as previously stated in this resoluuon 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 detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Ordei 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 complete�•'''�'� r" • ,° °a�ti��, �� t..w�, b Noven.b��- \� \q°�rl q�-�a� 2. If the above correcuve acrion is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative 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 properry by the responsible parties by the end of this time period. If all personal properry 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 accardance with Chapter 45 of the Saint Paul L.egislative Code. Requested by Department of: Adoption Certified by Council Secretary By: Appx By: By: ��/.'/�LC�L G' d� Form App d b ity At orney By: Approved by Mayor for Submission to Council � ��V�"� By: Adopted by Council: Date �'„_„�� 1.�q�f''� a�,-�a� DEPAR �lic Hea ith oare �O5A09-97 GREEN SHEET N° _ 19089 CONTACT PER ON 8 PHONE ! INITIAUDATE INRIAL/DATE L'k33T�ES VOtEl 298-4153 ^" / DEPARTMENTDIRECTOR CITVCOUNCIL W ASSIGN CIT'ATTOflNEY OCITYCLEflK NUMBERFOR MUST BE ON COUNCIL AGENDA BY (DATEJ ROUTING BUDGET �IRECTOF O FIN. & MGT. SEflVICES �IR. J11R2 11� 1997 OflOEfl �AYOR(ORASSISTAN'n � TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACT70N qEQUE5TED: City Council to pass this resolution which will order the ovmer(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 774 Capitol Heights. RE�MMENDATIONS: Approve (A) or Aeject (F) PERSONAL SERVICE CONTRACTS MUST ANSWER TFIE FOLIOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worketl untler a contrect for Nis tlepartment? _ qB COMMfTfEE YES NO — 2. Has this person/firm ever been a city employee? _ STAFF _ YES NO _ DISTAICTCOUR7 _ 3. Does this person/firm possess a skill noi normally possessed by any current city employee? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (Who. What. When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 774 Capitol Heights by April 16, 1997, and have failed to comply with those orders. ADVANTAGES IFAPPROVED: �`� ��n; � The City will eliminate a nuisance. �� '�� - � � � � �ia ;�'�4��;;� ��;?r� �� t i� �� h' 21 3��d �'�� RECEIVE� �Wd� DISAOVANTAGESIFAPPROVED: ��s y y �� Z � The City will s end funds to wreck and remove this building(s). These costs will be assessed to th �ir r�;�4'�ected as a special assessment against the property taxes. �:�� .�� DISADVANTAGES IF NOTAPPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. $6,000 - $8,000 70TAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCIE ONE) YES NO Nuisance Housing Abatement 33261 FUNDING SOURCE ACTIVI7Y NUMBER FINANCIAL INFORMATION: (EXPLAIN) SAINT PAUL PUBLIC HEALTH Neal Haltan. MD., MP.H., Drrectar 1 � � � � CITY OF SAIM PAUL NUISANCE BUlLDlNGS CODE 612-298-4153 Norm Coleman, Mayo� ENFORCEMEM 555 Cedar Stree1 Saint Paul, MN SSI01-2260 � �° � ' 2i»=s� _. F�'S.,g� "4• ��.t�4'SS < �c'F May 9, 1997 _ , _ _ ,-- '_ .; . ,�7 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 774 Capitol Heights The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, June 3, 1997 City Council Hearing - Wednesday, June 11, 1997 The owners and responsible parties of record are: Name and Last Known Address Emil & Irene Lemke 342 Thomas Avenue St. Paul, MN 55103 Interest Fee Owner Michael Davis 305 Edmund Avenue St. Paul, MN 55103 The legal description of this property is: Property Manager The West 80 feet of Lot 2, Block 13, Ashton and Sherburne's Addition to St. Paul. �� -�a3 774 Capitol Heights May 9, 1997 Page 2 Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely . manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincere , �6� � � Reneta Weiss Program Supervisor Vacant/Nuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Buiiding Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshali Dan Pahl, PED-Housing Division 01-93 �� -�a.� REPORT: Date: June 3, 1997 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legisladve Hearing Officer 1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (I.aid over from May 6, 1997 Legislative Hearing): 2106 Mazshall Ave. (J9705AA) 473 Cretin Ave. S. (J9705AA) 1857 E. Cottage Ave. (J9705AA) 2176 Stillwater Ave. (J9705AA) 695 St. Anthony Ave. (J9705AA) 1110 Forest St. (J9704A4) Legislative Hearing Officer recommended approval of the assessments with the following exceptions: 2106 Marshall (79705AA) laid over to 7une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 2. Resolution ordering the owner to remove or repair the referenced buiiding, located at 1359 Blair Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the structure to October 11, 1997. 3. Resolution ordering the owner to remove or repair the referenced building located at�46 Westem Avenue North. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. a�-�� 4. Resolution ordering the owner to remove or repair the referenced building located at�5 Mi ig n tr pt. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Off'icer recommended approval and amended the date for repair or removal of the structure to 180 days. 5. Resolution ordering the owner to remove or repair the referenced building located at�77 Kent Street. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 6. Resolution ordering the owner to remove or repair the referenced building located at� Harrison Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended laying this matter over to July 1, 1997. 7. Resolution ordering the owner to remove or repair the referenced building located at 21 S Sherburne Avenue. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the structure to 180 days if the $200 vacant building fee is paid and $2,000 bond is posted by noon on June 11, 1997. 8. Resolution ordering the owner to remove or repair the referenced building located aiZ C�gitol Hei¢hts. If the owner fails to comply with the resoludon, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approvai and amended the date for repair or removal of the structure to November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes, appellant. The appeal was withdrawn °t�1- �l � 3 MINUTES OF LEGISLATIVE HEARING June 3, 1997 Room 330, City Hall Gerry Stratl�man, L.egislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Roxanna Flink, Real Estate. Gerry Strathn�an, Legislative fiearing Officer, called the meeting to order at 10:05 a.m. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (L,aid over from May 6, 1997 Legislative Hearing): 2106 Mazshall Ave. (J9705AA) 473 Cretin Ave. S. (J9705AA) 1857 E. Cottage Ave. (79705AA) 2176 Stillwater Ave. (J9705AA) 695 St. Anthony Ave. (J9705AA) 1110 Forest St. (J9704A4) Legislative Hearing Officer recommended approval of the assessments with the following e,xceptions: 2106 Mazshall (J9705AA) laid over to June 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessmeut to $37.50 1857 E. Cottage Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. Orders were mailed on January 30, 1997, to remove snow from the walk. A recheck was done on February 3, 1997; and the city did the work on Febraary 5, 1997. Mary Keily, properry owner, appeared and stated that she was having back problems and could not shovel her sidewalk. During that time is when they had the ice storm and she tried chopping the ice but she didn't have the strength. Mr. Stratlunan stated it is the properry owner's responsibility to shovei the walk or make arrangements to have it done. The video clearly shows the work was done by city crews and recommended approving the assessmeni. 473 Cretin Avenue S. No one appeazed; recommended approving the assessment. 1110 Forest Guy Willits, Public Health, showed a video of the properiy and reviewed the staff report. Orders were mailed on October 31, 1996 to remove mamesses, couch, refrigerators, refuse, carpeting, and discazded range. A recheck was done on November 8, 1996, the property was not cleaned up, and the work was done by tfie city on November 19, 1996. Chadoua and Youa Vue, property owners, appeared. Mr. Vue stated that they bought the property on September 16, 1996. The previous owner lived on the properry until October 5, 1996. When she moved out, she told them she would clean everything including the basement and the garage. She unlocked the gazage so that it would be easy for her people to move things out. They waited for her to come back and in the meantime, they put some of her things in the back yazd so they could clean building for people moving in. Everything tl�at was taken from the back yazd and gazage belonged to the previous owner. Mr. Strathman inquired where the orders were sent. Mr. Votel responded that they were maited to Bob Van Lee at 1110 Forest, the previous owner. Orders were also posted at the property, there was no phone listing, and the gazage was not secured. Mr. Vue stated that the only order he saw was the one dated December 24, 1996. Mr. Strathman stated that the order mailed October 31, 1996, was sent to the previous owner because she was listed on the taY records as the official owner. The previous owner had a legal obligation to inform the new owners that tlus order was outstanding. The city is required under the law to send notice to the property owner as recorded at the Ramsey county property taxation. The city followed the proper legal procedures, the video clearly shows the work was done by the city, and recommended approvai of the assessment. 122 Manitoba Avenue No one appeared. Ttris assessment was ratified on May 9, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. 2106 Manhall Avenue Laid over to June 17, 1997 458 Marvland Avenue No one appeazed. This assessment was ratified on May 14, 1497 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. q� - �a i3Q3 Randolnh Avenue No one appeazed. This assessment was ratified on May 14, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. � St. ony Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. The order was mailed December 20, 1996, to remove snow and ice from the walk. The property was rechecked on January 15, 1997; the city did the work on January 16, 1997. Mike Peters, property owner, appeared and stated that in early January when he received the nodce from the city, he took care of the problem. He received no fur[her warnings. At that time, it stormed back-to-back and the snow was blowing ail week. Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20, 1996 and January 7, 1997. City ordinance requires that snow be removed within 24 hours after a snow fall. In viewing the video, it is cleaz tUat the snow had been on the sidewalk for more than 24 hours. Mr. Peters explained that the walk had been shoveled 4 or 5 times after he was notified. It was a record winter for snow fall. The reason he never got lus walk done by the next day was because he was doing snowplowing and was usually out for 2 days. He stated that he had a right to be informed and to have a chance to take caze of the problem, the city didn't do that. Mr. Strathman stated that according to city records, the letter sent on January 7, 1997 indicated the snow was to be removed. A recheck was done on 7anuary 15 and the snow still hadn't been removed; on January 16 the city crew went out and removed the snow. It is clear on the video tbat there was snow on the sidewalk and recommended approval of the assessment. 2176 Sfillwater Avenue Guy Willits, Public Health, showed a video of the properiy and reviewed the staff report. Orders were mailed on January 21, 1997 and again January 24 to remove snow. The properiy was rechecked on January 23, 1997; the city did the work on February i, 1997. Jeff Miller, properry owner, appeazed and stated that he shoveled the sidewalk 3' wide. He did contact the city 3 times on Friday the 31st after he received the notice that the work order had been issued. He called the inspector at 9:00 a.m., 10:00 a.m., and paged him at 11:30 a.m., and he never returned his call. The Wednesday prior to that, he went out to cleaz the walk and couidn't chisel through the ice. By Friday it had warmed and he spent 3 hours cleating the sidewalk. All the city did was probably plow another inch, dug up his lawn and put dirt and sand over what he had akeady shoveled. Mr. Strathman stated that in viewing the video, it appears an attempt was made to clean it up the snow although it wasn't quite adequate. He recommended reducing the assessment from $132.50 to $37.50. 251 Wavzata Street No one appeared. This assessment was ratified on Apri19, 1997 an@ was not part of the laid over assessmenrs for today's hearing. It was re-discussed and no action was taken. Mr. Strathman noted that a letter was received from Dawn Simon the property owner expIaining that she was having personal difficuities and financial hardships. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1359 Blair Avenue. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating that the building was condemned in July 1996, 5 summary abatement noiices were issued to remove various nuisance law violations. After an inspection In Mazch 1997, the building was declazed a nuisance. A code compliance inspection was obtained on May 28, 1997, and the estimated amount of money needed to repair the structure makes it untikely and not economically feasible to rehabilitate. He also noted a Iefxer was received from community members in support of condemnation. Mr. Suathman questioned why this matter was being heazd when a bond had been posted on April 11, 1997, and permits obtained. Mr. Votel refened to the code compliance inspection report and stated that under item #4, the inspector noted that most of the work that had been done to the building and garage was substandard and would have to be redone. The building is still in a miisauce condition as it has been for some time wluch is the basis for requesting an order for repair or removal. Mr. Nguyen stated that they obtained the permit on October 1, 1997, and posted the bond which gives them 6 months to bring the house up to code. The vacant buiIding fee of $200 and the code compliance was paid. He's in the process of re-roofing the house; it's a slow process but he does has 6 months to complete the work. Mr. Strathman asked the properry owner if he e�ected to have the work completed in 6 months. Mr. Nguyen responded that he would not have posted the $2,000 bond if he didn't plan to have the work done in 6 months. When he talked to Don Wagner, he was told he could either try to sell the house the way it was or he could try to repair it, and if he posted a bond, � 9� -'1 �- the ciry was pretry lenient if 50% of the work was done within 6 months. Mr. Strathman asked about the complaints received on the property. Mr. Votel stated that they had so many problems with the properry that they issued a notice to board all accessible first floor openings to the building. It wasn't done and the city had to l�ave the contractor go out and put 16 boazds on the building to secure it. There hasn't been any real effort to complete the repairs and the city is concemed because the inspector stated in his report that the work that has already been done needs to be redone. It is substandard work and is not going to get a code compliance. The people next door want some resolution to this property. Mr. Nguyen stated tt�at every time an abatement was sent, he took caze of it. Basicaily all he wants to do is fix up the house and either rehab or sell it. He has the code compliance list and is maldng sure that the work he dces meets code. Quoc Nguyen, previous owner of the house, stated he deeded the property to his son, but explained that he stili holds ffie mortgage and has some responsibility in the matter. He is very concerned about the rehabilitation or the sale of the property to pay the balance of the mortgage. Eie wants to comply with the city. Mr. Strathman stated concern about the house being a nuisance to the neighborhood and the possibiliry that the work on the building may not be 50% completed when the 6-month period expires. If this is allowed to continue, they may be in a worse situation in a couple of months. Mr. Nguyen stated there are 4 more months and i l days before the bond expires. The reason it dcesn't look like much work has been done to the building is because everything has been on the interior. He's now ready to re-roof the house and do the siding. Tom Ryan, 1363 Blair, appeared and stated that the time line here seems to be skewed to some extent by the fact that the pernut was not pulled until April 11, 1997. The building became vacarn on July 30, 1996, and subsequenfly went into the vacant house status. It is lus understanding, through contact with the inspectors, that the owner made no move to get the building inspected until the last possible minute when he would be forced by abatement order to do so. It was only in the face of those orders that the permit was pulled and that the inspection was made. That inspection speaks for itself in terms of the quality of the work. The records contain a copy of a petirion signed by neighbors signed on August 12, 1996. He also presented a new petition signed by 25 individuals surrounding the property in question urging the city to either insure that rehabilitation go forward promptly to bring this property up to the city codes and neighborhood standards, or that this dangerous and unsightly structure be removed. The neighbors have had enough. If time is going to be granted to rehabilitate, then the most strenuous supervision shouid be put into place. Beth Randall, Executive Director of H-Mark, siated this properry has been an issue with repairs according to neighbors since January of 1945. It dcesn't appear to be economically feasible to renovate. She mentioned 8�at one thing that may not have been suggested as a financial option is selective cleazance. Also selling the buiiding as is rather than putting money into it. Her company would be willing to pay for the lot but they would not renovate the building, it would be tom down. She would discourage putring more money into the building. They are in support of the neighbors to make sure that there is a solution in a very timely fasluon. Eactending the time line isn't going to soive the probiem. Quoc Nguyen indicated that if the community wants io buy the properry, he woald be happy to sell it. Mr. Strathman stated that the fact that the bond has been posted and legai permits have been pulled, he would not recomazend proceeding with demolition until the 6 month period had expired. He recommended giving the property owner until October 11, 1997 to complete the repairs. 3. Resolution ordering the owner to remove or repair the referenced building located at 846 Westem Avenue North. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Dave Assitt, attomey representing Bankers Tzvst Company, mortgage holder on the properry, appeared and stated that they have commenced foreclosure proceedings. The properry went to sale on Mazch 22, 1997. The are in the process of reducing the redemption period from 6 months to 5 weeks and if successful, they would be the owner of the property about July 31, 1997. They have had limited accessed to the properry but they believe the structure may be rehabilitated. He requested that if the building is to be removed, the order be delayed 60 days to atiow ti� for tfieir client to obtain titIe and possession. Mr. Strathman stated that based on the information presented by staff and in viewing the photographs, the building is cieariy a public musance and therefore recommended approval of the order to remove or repair within 15 days. 4. Resolution ordering the owner to remove or repair the referenced building located at 39�schi 5t t. If the owner fa�7s to comply with fhe resoIution, PubIic Health is ordered to remove the building. Bill Manson, property owner, appeared and stated that he purchased the home from HUD on April 15, 1997 and he is in the process of rehabilitating the shucture. 0 q�_�a3 Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant since May 1996. It went through IiUD's foreclosure process and was to Mr. Manson. Previous to that, it has been a problem property for the ciry since July 1996. At this point, Mr. Manson has posted the bond and pulled building permits which aze valid until November 20 ,1 997. Mr. Strathman recommended the property owner be given 180 days to complete the rehabilitation. 5. Resolution ordering the owner to remove or repair the referenced building located at 677 Kent Street. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Faye Madison, Murnane Law Firm, appeared and stated that they have been retained by Bank of America the mortgage holder to represent them. The mortgage is FHA and they are dealing with HIJD on the property as well. Chuck Votel, Public Health, reviewed the staff report stating that the buiiding has been vacant since February 1997 and Bank of America has begun foreclosure proceedings. The properry would be transferred to HUD after the redemption period. The city has had to board the building and three summazy abatement notices were issued. Real estate ta�ces aze currently paid; the estimated cost to repair the building makes it unlikely and not economicaily feasible to rehabIlitare. Ms. Madison stated that they will be handling the mortgage foreclosure in the near future. The file is currently in slupping between Bank of America's pre-foreclosure and foreclosure departments. They haven't done any title work on the properry yet but they have received indication that the property was deeded to Paul Schwartz by Bahram Ghassemlou. After talking with Mr. Ghassemlou, it is her understanding the he deeded the properiy back to Paul Schwartz but he doesn't want it back. It was atso indicated the Mr. Schwartz and Mr. Ghassemlou would be willing to enter into negoriations for a deed in lieu of foreclosure which would speed up the process. They have been in touch with Sophie Hallauer from HUD who has ordered an emergency HUD inspection report. Mr. Strathman stated he sympathized with their objective but explained that the city is dealing with a building that has been vacant, declared to be a pubiic nuisance, and the recommendation by city inspectors is that rehabititation is not economically feasible. In view of those facts, he recommended approval of the order. 7 6. Resolution ordering the owner to remove or repair the referenced building located at 275 Harrison Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Brett Lazson, Ramsey Counry Properry Records and Revenue, reported that the properry in question is scheduled for auction June 19, 1997. There has been interest from potential buyers and he's fairiy certain that it will sell. He meet with the West 7th neighborhood group and they indicated that there is some history behind the house. He requested time to allow the properry to be sold at the auction. Chuck Votel, Public Health, reported that the properry is secured. The building was condemned in October 1996. The estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Mr. Strathman recommended the matter be laid over to 7uly l, 1997. 7. Resolution ordering the owner W remove or repair the referenced building located at 915 Sherbia�ne Avenue. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating the building has been vacant since August 1996, and there have been two summary abatement orders issued. The real estate taxes are paid and vacant building registration fees are due. A code compliance was done on April 16, 1997; the estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Ron Widerhoft, property owner, appeared and stated that he plans to sell the properry to Todd who intends to rehab the building but wants to make sure that it won't be tom down. Mr. Strathman s[ated that based on the information presented by staff and in viewing the photographs of the building, he would require that a$2,000 bond is posted and permits pulled as an assurance that the building would be rehabilitated within 6 months. The perspective buyer indicated that would not be a problem. Mr. Strathman recommended giving the property owner 180 days to repair the building on the condition that the vacant building fees aze paid, and a$2,000 bond is posted by noon on Wed�sday, 3une 11, 1997. °I� -�1�3 8. Resolution ordering the owner to remove or repair the referenced building located at 774 Canitol Heights. If the owner fails to comply with the resolufion, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report and stated that the buiiding was condemned in October 1996. The city had to board the building, registration fees and taxes aze paid. On Apri18, 1997 a Code Compliance inspection was done. The bond was posted with the building inspection department on May 12, 1997, and a permit obtained wluch is valid until November 12, 1997. Public Health wants an order that says if the owner doesn't get the work done, the building is tom down. Mike Davis, grandson of the property owner, Emil Lemke, appeazed and stated tUat he intends to rehabilitate the building. He explained that he was late in posting the bond because he went to the wrong address and by the time he got to the right office it had closed. The following Monday he posted the bond but notice had already been mailed. Mr. Strathman recommended amending the resolution and giving the properry owner until November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes, appellant. No one appeared. The appeal was withdrawn; the gazage was removed. The meeting adjourned at 11:45 a.m. Gerry StratJ�man, Legislative Heazing Officer