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97-725� �-'�� > ��_ \\ ��`�°��'`� `� ��`-� �� ' Council File # � — - 1 ?. S Green Sheet # � `vv� �. �- --. - RESOLUTION - . C� OF S�IT�A�JL, MIsNESOTA �� Presented By Referred To � // // Committee: Date 1 WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider 2 the advisability and necessiry of ordering the repair or wrecking and removal of a two-story, wood 3 frame, fire damaged dwelling with a detached, two-vehicle, wood frame garage located on properry 4 hereinafter referred to as the "Subject Property" and commonly known as 915 Sherburne Avenue. 5 This property is legally described as follows, to wit: 6 7 Lot 6, Block 3, John J. Wards Addition to St. Paul, Minn. 8 9 WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and 10 information obtained by Public Health on or before March 20, 1997, the following are the now 11 I�own interested or responsible parties for the Subject Property: Ronald Dale Wiederhoft Jr., 12 1435 Jessamine Avenue #301, St. Paul, MN 55108; TransAmerica Tax Service, Attn: Kim, 13 Customer Service, 300 Commence Drive, Crystal Lake, IL 60014, Ref# FFG6350789; Danielle 14 Townsend/Krogstad, 8 Juniper Curve, Landfall, MN 55128; First Nauonwide Mortgage, P.O. Box 15 9481, Gaithersburg, MD 20898; I,eroy & Danielle Krogstad, 1395 Jessamine Avenue West, St. 16 Paul, MN 55108 17 18 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 19 Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Buiiding(s)" dated 20 March 19, 1997; and 21 22 WHEREAS, this order informed the then l�own interested or responsible parties that the 23 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 24 25 WHEREAS, this order informed the interested ar responsible parties that they must repair or 26 demolish the structure located on the Subject Property by April 18, 1997; and 27 28 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 29 ttris building(s) to constitute a nuisance condition; subject to demolition; and 30 31 WHEREAS, tYus nuisance condition has not been conected and Public Health requested that 32 the City Clerk schedule public hearings before the Legislative Hearing Officer of the Ciry Council 33 and the Saint Paul City Council; and 34 35 WHEREAS, the interested and responsible parties have been served notice in accordance 36 with the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and 37 purpose of the public hearings; and 38 °I'l -'1 a,s WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul Ciry 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 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, June 11, 1997 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Commcil; now therefore BE IT RESOLVED, that based upon the testnnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 915 Sherburne Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I,egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Properry which declazes it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacandNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council herebq makes Yhe following order: �1� -�as � 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 Order to Abate Nuisance Build"mg(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within�t€teea-(�5}days after the ,�1P� date of the Council Hearing. �� 8�0} 4 � .�-- 2. If the above corrective action is not completed within this period of tune 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 Proper[y pursuantto 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 properiy 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 property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L.egislauve Code. Requested by Department of: sy: ( (�,�Js� G�f�-�-� By: Approved by Mayor: av: Form By: by City Attorney 0 �� r`"'��--- Approved by Mayor for Submission to Date �__ - Council /�� By• l AdopledbyCounciL• bafe �,�$ �qqt} 1 ' " AdopGon Cv6fied by Cwncll relary ; n � � �_._L . nppro.ui by Mnyor. e l Z yl °� `Y By: �/ Adopted by Council: Date Adoption Certified by Council Secretary ��t -'1 as oEPA Public�H alth DATE �OSA T OJ - 9�I GREEN SHEET N4 _ 19088 INRIAL(DATE INITIALIDATE CONT PE ON & PHONE � DEPAflTMENT DIRECTOR CITY COUNCIL �har Votel 298-4153 p��GN CITYATTORNEV CITV CLERK MUST BE ON COUNCILAGENDA BY (DATE) RQ�nµG O BUIX'aET DIRECTOF O FIN. & MGT. SERVICES DIR. JUIle 11 � 1997 OPDEP t'T MqypR (OR ASSISTAN Q m�J TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE� ACTION REQUESTED: City Council to pass this resolution whiah will order the owner(s) to remove or repair the referenced building(s). if the ovmer fails to comply with the resolution, Public Aealth is ordered to remove the building. The subject property is located at 915 Sherburne Avenue. RECAMMENDATIONS: Approve (A) or Peject (P.) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PL4NNMG COMMISS�ON __ pVIL SERVICE COMMISSION 1. Has this personffirm ever worked under a contract for this department? � _CIBCAMMf77EE �'ES NO _ S7AFF 2. Has this person/firm ever been a city empl0yee? — YES NO _ O�SiRICr CouRr _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPOflTS WHICH CAUNqL OBJECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INRIATING PROBLEM, ISSUE, OPPORTUNIN (Who, Whaq 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 915 Sherburne Avenue by April 18, 1997, and have failed to comply with those orders. � ECE!lrED �t� . ADVANTAGESIFAPPROVED: �� _ . � The City will eliminate a nuisance. "'�1 �f A ��• ' � �� syl�d� 1 �� ' � Iggl � �� DISADVANTAGES IFAPPROVED� The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. rs��,�it;�l �°�e9"a�', �1��f lVi�t� � � t�� DISADVANTAGES IF NOTAPPFOVED: � ...�� A nuisance condition will remain unabated in the City. _This will continue to blight the community. , $6,000 - $8,000 TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YE NO I3uisance Housing Abatement 33261 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION� (EXPLAIN) � SAINT PAUL PUBLIC HEALTH Nea( Ho(mn. M.D., M.P.H., Director � �-�� v� CITY OF SAlNT PAUL NUISANCE BUILOINGS CODE 672-298-4153 Norm Coleman, Mayor ENFORCEMEM 555 Cedur Sa�eet Saint Paul, b1N SSIO/-1260 ' ��-`',:`t�# ea„ �. 4?�,��, .' `"''.�.t.:. _F.t¢ May 9, 1997 _ .... .',' _ _ .-. ;, 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: 915 Sherbarne Avenue The City Councii has scheduled the date of these heazings as follows: Legislative Hearing - Tuesday, June 3, 1997 City Council Hearing - Wednesday, Jnne 11, 1997 The owners and responsible parties of record are: Name and Last Known Address Danielle Townsend/Krogstad 8 7uttiper Curve Landfall, MN 55128 First Nationwide Mortgage P.O. Box 9481 Gaithersburg, MD 20898 Leroy & Danielle Krogstad 1395 Jessamine Avenue West St. Paul, MN 55108 Ronald Dale Wiederhoft Jr. 1435 Jessamine Avenue #301 St. Paul, MN SSlo8 Interest Interested Party Mortgagee Interested Party Fee Owner °�� -� e '�S' 915 Sherburne Avenue May 9, 1997 Page 2 Name and Last Known Address Interest TransAmerica Tax Setvice Mortgagee T� Servicer Attn: Kim, Customer Service 300 Commence Drive Crystal Lake, IL 60014 Ref# FFG6350789 The legal description of this property is: Lot 6, Block 3, John J. Wards Addition to St. Paul, Minn. 5aint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting 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 removai, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as tases. cerely, � � Q� � t °,s� � r� - R eta Weiss Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Councii Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division a�-�as REPORT: Daze: June 3, 1997 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer i. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the foliowing (Laid over from May 6, 1997 Legislarive Aearing): 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 Off'icer recommended approval of the assessments with ffie following exceptions: 2106 Marshall (J9705AA) laid over to 7une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 2. Resolution ordering the owner to remove or repair the referenced building, located at�.�SQ Blair Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the strueture to October 11, 1997. 3. Resolution ordering the owner to remove or repair the referenced building located at,$� Western Avenue North. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. Legislative Hearing Officer recommended approval. a� -�as 4. Resolution ordering the owner to remove or repair the referenced building located at�5 Michi,g� Street. 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 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 resolution, Public Heaith is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove or repair the referenced building located at�5 Harrison Avenue. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. Legislative Aearing Officer recommended laying this matter over to July 1, 1997. 7. Resolution ordering the owner to remove or repair the referenced building located at� Sherburne Avenue. If the owner fails to comply with the resoluuon, 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 atZ �nitol Heiehts. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Aearing Officer recommended approval and amended the date for repair or removai of the structnre to November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avemie; Bonnie J. Hughes, appellant. The appeal was withdrawn °t�1- �1 a s MINUTES OF LEGISLATIVE HEARING June 3, 1997 Room 330, City Hall Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Healffi; Roxanna Flink, Real Estate. Gerry Strathman, Legislative Heazing Officer, called the meeting to order at 10:05 a.m. Resolution ratifying assessment of benefits, cosu and elcpenses for summary abatements for the following (I.aid over from May 6, 1997 Legislative Hearing): 2106 Mazshall Ave. (J9705AA) 473 Cretin Ave. S. (39705AA) 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 exceptions: 2106 Mazshall (J9705AA) laid over to 7une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 1857 E. Cottage Avenue Guy Willits, Public Health, showed a video of the property 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 February 5, 1997. Mary Kelly, property owner, appeared and stated that she was having back problems and could not shovei 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. Strathman stated it is the property owner's responsibility to shovel the walk or make anangements to have it done. The video clearly shows the work was done by city crews and zecommended approving the assessment. 473 Cretin Avenue S. No one appeared; recommended approving the assessment. 1110 Forest Guy Willits, Public Health, showed a video of the property and reviewed the staff report. Orders were mailed on October 31, 1996 to remove mattresses, couch, refrigerators, refuse, carpeting, and discarded range. A recheck was done on November 8, 1996, the property was not cleaned up, and the work was done by the city on November 19, 1996. Chadoua and Yova Vue, properry owners, appeared. Mr. Vue stated that they bought the property on September 16, 1996. The previous owner lived on the properry urnil October 5, 1996. When sfie moved out, she told tf►em she would cIean everything including the basement and the garage. She unlocked the garage so that it would be easy for her people to move tl�ings out. They waited for her to come back and in the meantime, they put some of her things in the back yard so they could clean building for people moving in. Everything that was taken from the back yazd and gatage belonged to the previous owner. Mr. Strathman inquired where the orders were sent. Mr. Votel responded that they were mailed to Bob Van Lee at 1110 Forest, the previous owner. Orders were also posted at the property, there was no phone listing, and the garage was aot secured. Mr. Vue stated that the oniy order fie 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 ihe tax records as the official owner. The previous owner had a legai obligation to inform the new owners that this order was outstanding. The city is required under the Iaw to send notice to the properry owner as recorded at the Ramsey county properry ta�cation. The city followed the proper legal procedures, the video cleazly shows the work was done by the city, and recommended approval of the assessment. 122 Manitoba Avenue No one appeared. This assessment was rarified 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. �106 Marshall Avenue Laid over to June 17, 1997 45A Marvland Avenue No one appeared. This assessme� was ratified on May 14, 1997 and was not part of the laid over assessments for today's fiearing. It was re-discussed and no action was taken. 2 q� .� �.s 1303 Rando(ph Avenue No one appeared. This assessment was ratified on May 14, 1997 and was not part of the laid over assessments for today's heazing. It was re-discussed and no action was taken. 695 St. Anthony 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 &om the walk. The property was rechecked on 7anuary 15, 1997; the ciry did the work on January 16, 1997. Mike Peters, property owner, appeared and stated that in early January when he received the notice from the city, he took care of the problem. He received no further warnings. At that time, it stormed back-to-back and the snow was blowing all week. Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20, 1996 and 7anuary 7, 1997. Ciry ordinance requires that snow be removed within 24 hours after a snow fall. In viewing the video, it is clear tt�at 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 his 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 care 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 January 15 and the snow still hadn't been removed; on 7anuary 16 the city crew went out and removed the snow. It is ciear on the video that there was snow on the sidewalk and recommended approval of the assessment. 2176 Stillwater 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 properry was rechecked on 7anuary 23, 1997; the city did the work on February 1, 1997. Jeff Miller, property owner, appeared and stated that he shoveled the sidewalk 3' wide. He did contact the city 3 times on Friday the 31st after he received the nbrice 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 cieaz the waik and couldn't clusei through the ice. By Friday it had warmed and he spent 3 hours clearing the sidewalk. All the city did was probably plow another inch, dug up his lawn and put dirt and sand over what he had already sfioveled. Mr. Strathman stated that in viewing the video, it appeazs an attempt was made to ciean it up ihe snow aithouglz it wasu'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 Aprii 9, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no acdon was taken. Mr. Strathman noted that a letter was receivefl from Dawn Simon the property owner explaining that she was having personal difficulties 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 Heatth is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating that the buiiding was condemned in July 1996, 5 c�*++mary abatement notices were issued to remove various nuisance law violations. After an inspection In March 1497, the building was declared a nuisance. A code compliance inspection was obtained on May 28, 1947, and the estimated amourn of money needed to repair the structure makes it unlikely and not economically feasible to rehabilitate. He also noted a letter was received from community members in support of condemnation. Mr. Strathman questioned why this matter was being heard when a bond l�ad been posted on April 11, 1997, and pernuts obtained. Mr. Votel referred 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 nuisance condition as it has been for some time which 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 building fee of $200 and the code compliance was paid. He's in the process of re-roofing the house; iYs a slow process but he does has 6 months to complete the work. Mr. Strathman asked the property owner if he expected 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 co�d either try to sell the house the way it was or he could try to repair it, and if he posted a bond, � °l'1- � � the ciry was pretty lenient if 50% of the work was done within 6 months. Mr. Strathman asked about the compiaints received on the properry. Mr. Votel statecl tbat 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 have the contractor go out and put 16 boards on the buiiding to secure it. There hasn't been any reai effort to complete the repairs and the city is concerned 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 properry. Mr. Nguyen stated that every time an abatement was sent, he took care of it. Basically all he wants to do is fix up the house and either rehab or sell it. He has the code compiiance list and is making sure that the work he does meets code. Quoc Nguyen, previous owner of the house, stated he deeded the properry to his son, but explained that he still hoids the 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 ffie mortgage. He wants to comply with the city. Mr. Strathman stated concem about the house being a nuisance to the neighborhood and the possibility that the work on the building may not be 50% completed when the 6-month period expires. If tlus is ailowed 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 doesn'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, appeazed 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 vacant on 7uly 30, 1996, and subsequently went into the vacant house status. It is his understanding, through contact with the inspectors, that the owner made no move to get the buiiding inspected until the last possible minute when he would be forc�d 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 tfie work. The records contain a copy of a petition signed by neighbors signed on August 12, 1996. He also presented a new petition signed by 25 individuals surrounding the properry in question urging the city to either insure that rehabilitation go forwazd prompfly to bring this praperry up to the ciry codes and neighborhood standards, or that this dangerous and unsighdy structuze be 5 removed. The tteighbors have had enough. If time is going to be granted to rehabilitate, then the most strenuous supervision should be put into place. Beth Randall, Execurive D'uector of H-Mark, stated this property has been an issue with repairs according to neighbors since January of 1445. It dcesn't appear to be economically feasible to renovate. She mentioned that one thing that may not have been suggested as a financial option is selective clearance. Also selling the building as is rather than putting money into it. FIer company would be wilting to pay for the lot but they would not renovate the building, it would be tom down. She would discourage putting more money into the building. They aze in support of the neighbors to make sure that there is a solution in a very timely fashion. Extending the time line isn't going to solve the problem. Quoc Nguyen indicated that if the community wants to buy the property, he would be bappy to sell it. Mr. Strathman stated that the fact that the bond has been posted and legal permits have been pulled, he would not recommend 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 $46 Western Avenue North. If the owner faiLs to comply witt► the resolation, Public Health is ordered to remove the building. Dave Assitt, attorney representing Bankers Trust Company, mortgage holder on the property, appeared and stated that they have commenced foreclosure proceedings. The properry went to saie on Mazch 22, 1997. The aze in the process of reducing the redemption period from 6 months to 5 weeks and if successful, they would be the owner of the properry about July 31, 1997. They have had limited accessed to the property but they believe the structure may be rehabilitated. He requested that if the buiiding is to be removed, the order be delayed 60 days to allow time for their client to obtain title and possession. Mr. Strathman siated that based on the information presented by staff and in viewing the photographs, the building is clearly a public nuisance 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_�chigan tr . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Bi11 Manson, properiy owner, appeared and stated that he purchased the home from HUD on AprIl 15, 1997 and he is in the process of rehabilitating the structure. 0 q� -'1 �S Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant since May 1996. It went through FIUD's foreclosure process and was to Mr. Manson. Previous to that, it has been a problem properry for the city since July 1996. At this point, Mr. Manson bas posted the bond and pulled building permits which aze valid until November 20 ,1 997. Mr. Sttathman 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 compiy 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 aze dealing with HUD on the properry as well. Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant since February 1997 and Bank of America has begun foreclosure proceedings. The property would be uansferred to HUD after the redemption period. The city has had to board the building and three summary abatement notices were issued. Real estate taxes are currenfly paid; the estimated cost to repair the buiiding makes it unlikely and not economically feasible to rehabilitate. Ms. Madison stated that they wili be handling the mortgage foreclosure in the near future. The file is currently in shipping between Bank of America's pre-foreclosure and foreclosure departments. They haven't done any ride work on the properry yet but they l�ve received indication that the properiy 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 aiso indicated the Mr. Schwartz and Mr. Ghassemlou would be willing to enter into negotiations 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 eacplained that the city is dealing with a building that bas been vacant, declared to be a public nuisance, and the recommendation by city inspectors is that rehabilitation is not economically feasible. In view of those facts, he recommended approval of the order. fll 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 Larson, Ramsey County Properry Records and Revenue, reported that the property in question is scheduled for auction June 19, 1997. There has been interest from potentiai buyers and he's fairly certain that it will sell. He meet with the West 7th neighborhood group and they indicated tUat there is some Yristory belvnd the house. He requested time to allow the properiy to be sold at the auction. Chuck Votel, Public Health, reported that the property is secured. The building was condemned in October 1996. The estimated amount of money needed to properly repair the suucture makes rehabilitation untike2y and not econowically feasib2e. Mr. Sirathman recommended the matter be laid over to July i, 1997. 7. Resolution ordering the owner to remove or repair the referenced building located at 915 Sherburne Avenue. If the owner faits to compiy with the resoiution, Pubiic 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 aze paid and vacant building registration fees aze due. A code compliance was done on Aprii 16, 1997; the estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Ron Widerhoft, properry owner, appeazed and stated that he plans to sell the property to Todd who intends to rehab the building but wants to make sure that it won't be tom down. Mr. Strathman stated that based on the information presented by staff and in viewing the photograpfis of the building, he would zequire 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. Stratbman recottimended giving the properry 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 Wednesday, June 11, 1997. q�.�zs &. Resolution ordering the owner to remove or repair the referenced building located at 774 itol Heigh-�t . 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 and stated that the building was condemned in October 1996. The city had to board the buiiding, registration fees and taYes aze paid. On Apri18, 1997 a Code Compliance inspection was done. The bond was posted with the buiiding inspection department on May 12, 1997, and a permit obtained which 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 properry owner, Emil Lemke, appeared and stated that he intends to rehabilitate the building. He erplained that he was late in posting the bond because he went to the wxong address and by the time he got to the right office it had closed. The following Monday he posted ffie bond but notice had already been mailed. Mr. Strathman recommended amending the resolution and giving the proper[y 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. � �-'�� > ��_ \\ ��`�°��'`� `� ��`-� �� ' Council File # � — - 1 ?. S Green Sheet # � `vv� �. �- --. - RESOLUTION - . C� OF S�IT�A�JL, MIsNESOTA �� Presented By Referred To � // // Committee: Date 1 WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider 2 the advisability and necessiry of ordering the repair or wrecking and removal of a two-story, wood 3 frame, fire damaged dwelling with a detached, two-vehicle, wood frame garage located on properry 4 hereinafter referred to as the "Subject Property" and commonly known as 915 Sherburne Avenue. 5 This property is legally described as follows, to wit: 6 7 Lot 6, Block 3, John J. Wards Addition to St. Paul, Minn. 8 9 WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and 10 information obtained by Public Health on or before March 20, 1997, the following are the now 11 I�own interested or responsible parties for the Subject Property: Ronald Dale Wiederhoft Jr., 12 1435 Jessamine Avenue #301, St. Paul, MN 55108; TransAmerica Tax Service, Attn: Kim, 13 Customer Service, 300 Commence Drive, Crystal Lake, IL 60014, Ref# FFG6350789; Danielle 14 Townsend/Krogstad, 8 Juniper Curve, Landfall, MN 55128; First Nauonwide Mortgage, P.O. Box 15 9481, Gaithersburg, MD 20898; I,eroy & Danielle Krogstad, 1395 Jessamine Avenue West, St. 16 Paul, MN 55108 17 18 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 19 Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Buiiding(s)" dated 20 March 19, 1997; and 21 22 WHEREAS, this order informed the then l�own interested or responsible parties that the 23 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 24 25 WHEREAS, this order informed the interested ar responsible parties that they must repair or 26 demolish the structure located on the Subject Property by April 18, 1997; and 27 28 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 29 ttris building(s) to constitute a nuisance condition; subject to demolition; and 30 31 WHEREAS, tYus nuisance condition has not been conected and Public Health requested that 32 the City Clerk schedule public hearings before the Legislative Hearing Officer of the Ciry Council 33 and the Saint Paul City Council; and 34 35 WHEREAS, the interested and responsible parties have been served notice in accordance 36 with the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and 37 purpose of the public hearings; and 38 °I'l -'1 a,s WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul Ciry 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 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, June 11, 1997 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Commcil; now therefore BE IT RESOLVED, that based upon the testnnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 915 Sherburne Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I,egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Properry which declazes it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacandNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council herebq makes Yhe following order: �1� -�as � 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 Order to Abate Nuisance Build"mg(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within�t€teea-(�5}days after the ,�1P� date of the Council Hearing. �� 8�0} 4 � .�-- 2. If the above corrective action is not completed within this period of tune 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 Proper[y pursuantto 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 properiy 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 property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L.egislauve Code. Requested by Department of: sy: ( (�,�Js� G�f�-�-� By: Approved by Mayor: av: Form By: by City Attorney 0 �� r`"'��--- Approved by Mayor for Submission to Date �__ - Council /�� By• l AdopledbyCounciL• bafe �,�$ �qqt} 1 ' " AdopGon Cv6fied by Cwncll relary ; n � � �_._L . nppro.ui by Mnyor. e l Z yl °� `Y By: �/ Adopted by Council: Date Adoption Certified by Council Secretary ��t -'1 as oEPA Public�H alth DATE �OSA T OJ - 9�I GREEN SHEET N4 _ 19088 INRIAL(DATE INITIALIDATE CONT PE ON & PHONE � DEPAflTMENT DIRECTOR CITY COUNCIL �har Votel 298-4153 p��GN CITYATTORNEV CITV CLERK MUST BE ON COUNCILAGENDA BY (DATE) RQ�nµG O BUIX'aET DIRECTOF O FIN. & MGT. SERVICES DIR. JUIle 11 � 1997 OPDEP t'T MqypR (OR ASSISTAN Q m�J TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE� ACTION REQUESTED: City Council to pass this resolution whiah will order the owner(s) to remove or repair the referenced building(s). if the ovmer fails to comply with the resolution, Public Aealth is ordered to remove the building. The subject property is located at 915 Sherburne Avenue. RECAMMENDATIONS: Approve (A) or Peject (P.) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PL4NNMG COMMISS�ON __ pVIL SERVICE COMMISSION 1. Has this personffirm ever worked under a contract for this department? � _CIBCAMMf77EE �'ES NO _ S7AFF 2. Has this person/firm ever been a city empl0yee? — YES NO _ O�SiRICr CouRr _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPOflTS WHICH CAUNqL OBJECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INRIATING PROBLEM, ISSUE, OPPORTUNIN (Who, Whaq 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 915 Sherburne Avenue by April 18, 1997, and have failed to comply with those orders. � ECE!lrED �t� . ADVANTAGESIFAPPROVED: �� _ . � The City will eliminate a nuisance. "'�1 �f A ��• ' � �� syl�d� 1 �� ' � Iggl � �� DISADVANTAGES IFAPPROVED� The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. rs��,�it;�l �°�e9"a�', �1��f lVi�t� � � t�� DISADVANTAGES IF NOTAPPFOVED: � ...�� A nuisance condition will remain unabated in the City. _This will continue to blight the community. , $6,000 - $8,000 TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YE NO I3uisance Housing Abatement 33261 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION� (EXPLAIN) � SAINT PAUL PUBLIC HEALTH Nea( Ho(mn. M.D., M.P.H., Director � �-�� v� CITY OF SAlNT PAUL NUISANCE BUILOINGS CODE 672-298-4153 Norm Coleman, Mayor ENFORCEMEM 555 Cedur Sa�eet Saint Paul, b1N SSIO/-1260 ' ��-`',:`t�# ea„ �. 4?�,��, .' `"''.�.t.:. _F.t¢ May 9, 1997 _ .... .',' _ _ .-. ;, 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: 915 Sherbarne Avenue The City Councii has scheduled the date of these heazings as follows: Legislative Hearing - Tuesday, June 3, 1997 City Council Hearing - Wednesday, Jnne 11, 1997 The owners and responsible parties of record are: Name and Last Known Address Danielle Townsend/Krogstad 8 7uttiper Curve Landfall, MN 55128 First Nationwide Mortgage P.O. Box 9481 Gaithersburg, MD 20898 Leroy & Danielle Krogstad 1395 Jessamine Avenue West St. Paul, MN 55108 Ronald Dale Wiederhoft Jr. 1435 Jessamine Avenue #301 St. Paul, MN SSlo8 Interest Interested Party Mortgagee Interested Party Fee Owner °�� -� e '�S' 915 Sherburne Avenue May 9, 1997 Page 2 Name and Last Known Address Interest TransAmerica Tax Setvice Mortgagee T� Servicer Attn: Kim, Customer Service 300 Commence Drive Crystal Lake, IL 60014 Ref# FFG6350789 The legal description of this property is: Lot 6, Block 3, John J. Wards Addition to St. Paul, Minn. 5aint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting 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 removai, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as tases. cerely, � � Q� � t °,s� � r� - R eta Weiss Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Councii Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division a�-�as REPORT: Daze: June 3, 1997 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer i. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the foliowing (Laid over from May 6, 1997 Legislarive Aearing): 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 Off'icer recommended approval of the assessments with ffie following exceptions: 2106 Marshall (J9705AA) laid over to 7une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 2. Resolution ordering the owner to remove or repair the referenced building, located at�.�SQ Blair Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the strueture to October 11, 1997. 3. Resolution ordering the owner to remove or repair the referenced building located at,$� Western Avenue North. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. Legislative Hearing Officer recommended approval. a� -�as 4. Resolution ordering the owner to remove or repair the referenced building located at�5 Michi,g� Street. 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 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 resolution, Public Heaith is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove or repair the referenced building located at�5 Harrison Avenue. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. Legislative Aearing Officer recommended laying this matter over to July 1, 1997. 7. Resolution ordering the owner to remove or repair the referenced building located at� Sherburne Avenue. If the owner fails to comply with the resoluuon, 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 atZ �nitol Heiehts. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Aearing Officer recommended approval and amended the date for repair or removai of the structnre to November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avemie; Bonnie J. Hughes, appellant. The appeal was withdrawn °t�1- �1 a s MINUTES OF LEGISLATIVE HEARING June 3, 1997 Room 330, City Hall Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Healffi; Roxanna Flink, Real Estate. Gerry Strathman, Legislative Heazing Officer, called the meeting to order at 10:05 a.m. Resolution ratifying assessment of benefits, cosu and elcpenses for summary abatements for the following (I.aid over from May 6, 1997 Legislative Hearing): 2106 Mazshall Ave. (J9705AA) 473 Cretin Ave. S. (39705AA) 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 exceptions: 2106 Mazshall (J9705AA) laid over to 7une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 1857 E. Cottage Avenue Guy Willits, Public Health, showed a video of the property 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 February 5, 1997. Mary Kelly, property owner, appeared and stated that she was having back problems and could not shovei 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. Strathman stated it is the property owner's responsibility to shovel the walk or make anangements to have it done. The video clearly shows the work was done by city crews and zecommended approving the assessment. 473 Cretin Avenue S. No one appeared; recommended approving the assessment. 1110 Forest Guy Willits, Public Health, showed a video of the property and reviewed the staff report. Orders were mailed on October 31, 1996 to remove mattresses, couch, refrigerators, refuse, carpeting, and discarded range. A recheck was done on November 8, 1996, the property was not cleaned up, and the work was done by the city on November 19, 1996. Chadoua and Yova Vue, properry owners, appeared. Mr. Vue stated that they bought the property on September 16, 1996. The previous owner lived on the properry urnil October 5, 1996. When sfie moved out, she told tf►em she would cIean everything including the basement and the garage. She unlocked the garage so that it would be easy for her people to move tl�ings out. They waited for her to come back and in the meantime, they put some of her things in the back yard so they could clean building for people moving in. Everything that was taken from the back yazd and gatage belonged to the previous owner. Mr. Strathman inquired where the orders were sent. Mr. Votel responded that they were mailed to Bob Van Lee at 1110 Forest, the previous owner. Orders were also posted at the property, there was no phone listing, and the garage was aot secured. Mr. Vue stated that the oniy order fie 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 ihe tax records as the official owner. The previous owner had a legai obligation to inform the new owners that this order was outstanding. The city is required under the Iaw to send notice to the properry owner as recorded at the Ramsey county properry ta�cation. The city followed the proper legal procedures, the video cleazly shows the work was done by the city, and recommended approval of the assessment. 122 Manitoba Avenue No one appeared. This assessment was rarified 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. �106 Marshall Avenue Laid over to June 17, 1997 45A Marvland Avenue No one appeared. This assessme� was ratified on May 14, 1997 and was not part of the laid over assessments for today's fiearing. It was re-discussed and no action was taken. 2 q� .� �.s 1303 Rando(ph Avenue No one appeared. This assessment was ratified on May 14, 1997 and was not part of the laid over assessments for today's heazing. It was re-discussed and no action was taken. 695 St. Anthony 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 &om the walk. The property was rechecked on 7anuary 15, 1997; the ciry did the work on January 16, 1997. Mike Peters, property owner, appeared and stated that in early January when he received the notice from the city, he took care of the problem. He received no further warnings. At that time, it stormed back-to-back and the snow was blowing all week. Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20, 1996 and 7anuary 7, 1997. Ciry ordinance requires that snow be removed within 24 hours after a snow fall. In viewing the video, it is clear tt�at 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 his 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 care 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 January 15 and the snow still hadn't been removed; on 7anuary 16 the city crew went out and removed the snow. It is ciear on the video that there was snow on the sidewalk and recommended approval of the assessment. 2176 Stillwater 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 properry was rechecked on 7anuary 23, 1997; the city did the work on February 1, 1997. Jeff Miller, property owner, appeared and stated that he shoveled the sidewalk 3' wide. He did contact the city 3 times on Friday the 31st after he received the nbrice 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 cieaz the waik and couldn't clusei through the ice. By Friday it had warmed and he spent 3 hours clearing the sidewalk. All the city did was probably plow another inch, dug up his lawn and put dirt and sand over what he had already sfioveled. Mr. Strathman stated that in viewing the video, it appeazs an attempt was made to ciean it up ihe snow aithouglz it wasu'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 Aprii 9, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no acdon was taken. Mr. Strathman noted that a letter was receivefl from Dawn Simon the property owner explaining that she was having personal difficulties 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 Heatth is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating that the buiiding was condemned in July 1996, 5 c�*++mary abatement notices were issued to remove various nuisance law violations. After an inspection In March 1497, the building was declared a nuisance. A code compliance inspection was obtained on May 28, 1947, and the estimated amourn of money needed to repair the structure makes it unlikely and not economically feasible to rehabilitate. He also noted a letter was received from community members in support of condemnation. Mr. Strathman questioned why this matter was being heard when a bond l�ad been posted on April 11, 1997, and pernuts obtained. Mr. Votel referred 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 nuisance condition as it has been for some time which 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 building fee of $200 and the code compliance was paid. He's in the process of re-roofing the house; iYs a slow process but he does has 6 months to complete the work. Mr. Strathman asked the property owner if he expected 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 co�d either try to sell the house the way it was or he could try to repair it, and if he posted a bond, � °l'1- � � the ciry was pretty lenient if 50% of the work was done within 6 months. Mr. Strathman asked about the compiaints received on the properry. Mr. Votel statecl tbat 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 have the contractor go out and put 16 boards on the buiiding to secure it. There hasn't been any reai effort to complete the repairs and the city is concerned 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 properry. Mr. Nguyen stated that every time an abatement was sent, he took care of it. Basically all he wants to do is fix up the house and either rehab or sell it. He has the code compiiance list and is making sure that the work he does meets code. Quoc Nguyen, previous owner of the house, stated he deeded the properry to his son, but explained that he still hoids the 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 ffie mortgage. He wants to comply with the city. Mr. Strathman stated concem about the house being a nuisance to the neighborhood and the possibility that the work on the building may not be 50% completed when the 6-month period expires. If tlus is ailowed 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 doesn'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, appeazed 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 vacant on 7uly 30, 1996, and subsequently went into the vacant house status. It is his understanding, through contact with the inspectors, that the owner made no move to get the buiiding inspected until the last possible minute when he would be forc�d 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 tfie work. The records contain a copy of a petition signed by neighbors signed on August 12, 1996. He also presented a new petition signed by 25 individuals surrounding the properry in question urging the city to either insure that rehabilitation go forwazd prompfly to bring this praperry up to the ciry codes and neighborhood standards, or that this dangerous and unsighdy structuze be 5 removed. The tteighbors have had enough. If time is going to be granted to rehabilitate, then the most strenuous supervision should be put into place. Beth Randall, Execurive D'uector of H-Mark, stated this property has been an issue with repairs according to neighbors since January of 1445. It dcesn't appear to be economically feasible to renovate. She mentioned that one thing that may not have been suggested as a financial option is selective clearance. Also selling the building as is rather than putting money into it. FIer company would be wilting to pay for the lot but they would not renovate the building, it would be tom down. She would discourage putting more money into the building. They aze in support of the neighbors to make sure that there is a solution in a very timely fashion. Extending the time line isn't going to solve the problem. Quoc Nguyen indicated that if the community wants to buy the property, he would be bappy to sell it. Mr. Strathman stated that the fact that the bond has been posted and legal permits have been pulled, he would not recommend 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 $46 Western Avenue North. If the owner faiLs to comply witt► the resolation, Public Health is ordered to remove the building. Dave Assitt, attorney representing Bankers Trust Company, mortgage holder on the property, appeared and stated that they have commenced foreclosure proceedings. The properry went to saie on Mazch 22, 1997. The aze in the process of reducing the redemption period from 6 months to 5 weeks and if successful, they would be the owner of the properry about July 31, 1997. They have had limited accessed to the property but they believe the structure may be rehabilitated. He requested that if the buiiding is to be removed, the order be delayed 60 days to allow time for their client to obtain title and possession. Mr. Strathman siated that based on the information presented by staff and in viewing the photographs, the building is clearly a public nuisance 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_�chigan tr . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Bi11 Manson, properiy owner, appeared and stated that he purchased the home from HUD on AprIl 15, 1997 and he is in the process of rehabilitating the structure. 0 q� -'1 �S Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant since May 1996. It went through FIUD's foreclosure process and was to Mr. Manson. Previous to that, it has been a problem properry for the city since July 1996. At this point, Mr. Manson bas posted the bond and pulled building permits which aze valid until November 20 ,1 997. Mr. Sttathman 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 compiy 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 aze dealing with HUD on the properry as well. Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant since February 1997 and Bank of America has begun foreclosure proceedings. The property would be uansferred to HUD after the redemption period. The city has had to board the building and three summary abatement notices were issued. Real estate taxes are currenfly paid; the estimated cost to repair the buiiding makes it unlikely and not economically feasible to rehabilitate. Ms. Madison stated that they wili be handling the mortgage foreclosure in the near future. The file is currently in shipping between Bank of America's pre-foreclosure and foreclosure departments. They haven't done any ride work on the properry yet but they l�ve received indication that the properiy 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 aiso indicated the Mr. Schwartz and Mr. Ghassemlou would be willing to enter into negotiations 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 eacplained that the city is dealing with a building that bas been vacant, declared to be a public nuisance, and the recommendation by city inspectors is that rehabilitation is not economically feasible. In view of those facts, he recommended approval of the order. fll 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 Larson, Ramsey County Properry Records and Revenue, reported that the property in question is scheduled for auction June 19, 1997. There has been interest from potentiai buyers and he's fairly certain that it will sell. He meet with the West 7th neighborhood group and they indicated tUat there is some Yristory belvnd the house. He requested time to allow the properiy to be sold at the auction. Chuck Votel, Public Health, reported that the property is secured. The building was condemned in October 1996. The estimated amount of money needed to properly repair the suucture makes rehabilitation untike2y and not econowically feasib2e. Mr. Sirathman recommended the matter be laid over to July i, 1997. 7. Resolution ordering the owner to remove or repair the referenced building located at 915 Sherburne Avenue. If the owner faits to compiy with the resoiution, Pubiic 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 aze paid and vacant building registration fees aze due. A code compliance was done on Aprii 16, 1997; the estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Ron Widerhoft, properry owner, appeazed and stated that he plans to sell the property to Todd who intends to rehab the building but wants to make sure that it won't be tom down. Mr. Strathman stated that based on the information presented by staff and in viewing the photograpfis of the building, he would zequire 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. Stratbman recottimended giving the properry 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 Wednesday, June 11, 1997. q�.�zs &. Resolution ordering the owner to remove or repair the referenced building located at 774 itol Heigh-�t . 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 and stated that the building was condemned in October 1996. The city had to board the buiiding, registration fees and taYes aze paid. On Apri18, 1997 a Code Compliance inspection was done. The bond was posted with the buiiding inspection department on May 12, 1997, and a permit obtained which 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 properry owner, Emil Lemke, appeared and stated that he intends to rehabilitate the building. He erplained that he was late in posting the bond because he went to the wxong address and by the time he got to the right office it had closed. The following Monday he posted ffie bond but notice had already been mailed. Mr. Strathman recommended amending the resolution and giving the proper[y 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. � �-'�� > ��_ \\ ��`�°��'`� `� ��`-� �� ' Council File # � — - 1 ?. S Green Sheet # � `vv� �. �- --. - RESOLUTION - . C� OF S�IT�A�JL, MIsNESOTA �� Presented By Referred To � // // Committee: Date 1 WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider 2 the advisability and necessiry of ordering the repair or wrecking and removal of a two-story, wood 3 frame, fire damaged dwelling with a detached, two-vehicle, wood frame garage located on properry 4 hereinafter referred to as the "Subject Property" and commonly known as 915 Sherburne Avenue. 5 This property is legally described as follows, to wit: 6 7 Lot 6, Block 3, John J. Wards Addition to St. Paul, Minn. 8 9 WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and 10 information obtained by Public Health on or before March 20, 1997, the following are the now 11 I�own interested or responsible parties for the Subject Property: Ronald Dale Wiederhoft Jr., 12 1435 Jessamine Avenue #301, St. Paul, MN 55108; TransAmerica Tax Service, Attn: Kim, 13 Customer Service, 300 Commence Drive, Crystal Lake, IL 60014, Ref# FFG6350789; Danielle 14 Townsend/Krogstad, 8 Juniper Curve, Landfall, MN 55128; First Nauonwide Mortgage, P.O. Box 15 9481, Gaithersburg, MD 20898; I,eroy & Danielle Krogstad, 1395 Jessamine Avenue West, St. 16 Paul, MN 55108 17 18 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 19 Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Buiiding(s)" dated 20 March 19, 1997; and 21 22 WHEREAS, this order informed the then l�own interested or responsible parties that the 23 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 24 25 WHEREAS, this order informed the interested ar responsible parties that they must repair or 26 demolish the structure located on the Subject Property by April 18, 1997; and 27 28 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 29 ttris building(s) to constitute a nuisance condition; subject to demolition; and 30 31 WHEREAS, tYus nuisance condition has not been conected and Public Health requested that 32 the City Clerk schedule public hearings before the Legislative Hearing Officer of the Ciry Council 33 and the Saint Paul City Council; and 34 35 WHEREAS, the interested and responsible parties have been served notice in accordance 36 with the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and 37 purpose of the public hearings; and 38 °I'l -'1 a,s WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul Ciry 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 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, June 11, 1997 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Commcil; now therefore BE IT RESOLVED, that based upon the testnnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 915 Sherburne Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I,egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Properry which declazes it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacandNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council herebq makes Yhe following order: �1� -�as � 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 Order to Abate Nuisance Build"mg(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within�t€teea-(�5}days after the ,�1P� date of the Council Hearing. �� 8�0} 4 � .�-- 2. If the above corrective action is not completed within this period of tune 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 Proper[y pursuantto 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 properiy 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 property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L.egislauve Code. Requested by Department of: sy: ( (�,�Js� G�f�-�-� By: Approved by Mayor: av: Form By: by City Attorney 0 �� r`"'��--- Approved by Mayor for Submission to Date �__ - Council /�� By• l AdopledbyCounciL• bafe �,�$ �qqt} 1 ' " AdopGon Cv6fied by Cwncll relary ; n � � �_._L . nppro.ui by Mnyor. e l Z yl °� `Y By: �/ Adopted by Council: Date Adoption Certified by Council Secretary ��t -'1 as oEPA Public�H alth DATE �OSA T OJ - 9�I GREEN SHEET N4 _ 19088 INRIAL(DATE INITIALIDATE CONT PE ON & PHONE � DEPAflTMENT DIRECTOR CITY COUNCIL �har Votel 298-4153 p��GN CITYATTORNEV CITV CLERK MUST BE ON COUNCILAGENDA BY (DATE) RQ�nµG O BUIX'aET DIRECTOF O FIN. & MGT. SERVICES DIR. JUIle 11 � 1997 OPDEP t'T MqypR (OR ASSISTAN Q m�J TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE� ACTION REQUESTED: City Council to pass this resolution whiah will order the owner(s) to remove or repair the referenced building(s). if the ovmer fails to comply with the resolution, Public Aealth is ordered to remove the building. The subject property is located at 915 Sherburne Avenue. RECAMMENDATIONS: Approve (A) or Peject (P.) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PL4NNMG COMMISS�ON __ pVIL SERVICE COMMISSION 1. Has this personffirm ever worked under a contract for this department? � _CIBCAMMf77EE �'ES NO _ S7AFF 2. Has this person/firm ever been a city empl0yee? — YES NO _ O�SiRICr CouRr _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPOflTS WHICH CAUNqL OBJECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INRIATING PROBLEM, ISSUE, OPPORTUNIN (Who, Whaq 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 915 Sherburne Avenue by April 18, 1997, and have failed to comply with those orders. � ECE!lrED �t� . ADVANTAGESIFAPPROVED: �� _ . � The City will eliminate a nuisance. "'�1 �f A ��• ' � �� syl�d� 1 �� ' � Iggl � �� DISADVANTAGES IFAPPROVED� The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. rs��,�it;�l �°�e9"a�', �1��f lVi�t� � � t�� DISADVANTAGES IF NOTAPPFOVED: � ...�� A nuisance condition will remain unabated in the City. _This will continue to blight the community. , $6,000 - $8,000 TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YE NO I3uisance Housing Abatement 33261 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION� (EXPLAIN) � SAINT PAUL PUBLIC HEALTH Nea( Ho(mn. M.D., M.P.H., Director � �-�� v� CITY OF SAlNT PAUL NUISANCE BUILOINGS CODE 672-298-4153 Norm Coleman, Mayor ENFORCEMEM 555 Cedur Sa�eet Saint Paul, b1N SSIO/-1260 ' ��-`',:`t�# ea„ �. 4?�,��, .' `"''.�.t.:. _F.t¢ May 9, 1997 _ .... .',' _ _ .-. ;, 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: 915 Sherbarne Avenue The City Councii has scheduled the date of these heazings as follows: Legislative Hearing - Tuesday, June 3, 1997 City Council Hearing - Wednesday, Jnne 11, 1997 The owners and responsible parties of record are: Name and Last Known Address Danielle Townsend/Krogstad 8 7uttiper Curve Landfall, MN 55128 First Nationwide Mortgage P.O. Box 9481 Gaithersburg, MD 20898 Leroy & Danielle Krogstad 1395 Jessamine Avenue West St. Paul, MN 55108 Ronald Dale Wiederhoft Jr. 1435 Jessamine Avenue #301 St. Paul, MN SSlo8 Interest Interested Party Mortgagee Interested Party Fee Owner °�� -� e '�S' 915 Sherburne Avenue May 9, 1997 Page 2 Name and Last Known Address Interest TransAmerica Tax Setvice Mortgagee T� Servicer Attn: Kim, Customer Service 300 Commence Drive Crystal Lake, IL 60014 Ref# FFG6350789 The legal description of this property is: Lot 6, Block 3, John J. Wards Addition to St. Paul, Minn. 5aint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting 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 removai, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as tases. cerely, � � Q� � t °,s� � r� - R eta Weiss Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Councii Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division a�-�as REPORT: Daze: June 3, 1997 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer i. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the foliowing (Laid over from May 6, 1997 Legislarive Aearing): 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 Off'icer recommended approval of the assessments with ffie following exceptions: 2106 Marshall (J9705AA) laid over to 7une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 2. Resolution ordering the owner to remove or repair the referenced building, located at�.�SQ Blair Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the strueture to October 11, 1997. 3. Resolution ordering the owner to remove or repair the referenced building located at,$� Western Avenue North. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. Legislative Hearing Officer recommended approval. a� -�as 4. Resolution ordering the owner to remove or repair the referenced building located at�5 Michi,g� Street. 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 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 resolution, Public Heaith is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove or repair the referenced building located at�5 Harrison Avenue. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. Legislative Aearing Officer recommended laying this matter over to July 1, 1997. 7. Resolution ordering the owner to remove or repair the referenced building located at� Sherburne Avenue. If the owner fails to comply with the resoluuon, 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 atZ �nitol Heiehts. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Aearing Officer recommended approval and amended the date for repair or removai of the structnre to November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avemie; Bonnie J. Hughes, appellant. The appeal was withdrawn °t�1- �1 a s MINUTES OF LEGISLATIVE HEARING June 3, 1997 Room 330, City Hall Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Healffi; Roxanna Flink, Real Estate. Gerry Strathman, Legislative Heazing Officer, called the meeting to order at 10:05 a.m. Resolution ratifying assessment of benefits, cosu and elcpenses for summary abatements for the following (I.aid over from May 6, 1997 Legislative Hearing): 2106 Mazshall Ave. (J9705AA) 473 Cretin Ave. S. (39705AA) 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 exceptions: 2106 Mazshall (J9705AA) laid over to 7une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 1857 E. Cottage Avenue Guy Willits, Public Health, showed a video of the property 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 February 5, 1997. Mary Kelly, property owner, appeared and stated that she was having back problems and could not shovei 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. Strathman stated it is the property owner's responsibility to shovel the walk or make anangements to have it done. The video clearly shows the work was done by city crews and zecommended approving the assessment. 473 Cretin Avenue S. No one appeared; recommended approving the assessment. 1110 Forest Guy Willits, Public Health, showed a video of the property and reviewed the staff report. Orders were mailed on October 31, 1996 to remove mattresses, couch, refrigerators, refuse, carpeting, and discarded range. A recheck was done on November 8, 1996, the property was not cleaned up, and the work was done by the city on November 19, 1996. Chadoua and Yova Vue, properry owners, appeared. Mr. Vue stated that they bought the property on September 16, 1996. The previous owner lived on the properry urnil October 5, 1996. When sfie moved out, she told tf►em she would cIean everything including the basement and the garage. She unlocked the garage so that it would be easy for her people to move tl�ings out. They waited for her to come back and in the meantime, they put some of her things in the back yard so they could clean building for people moving in. Everything that was taken from the back yazd and gatage belonged to the previous owner. Mr. Strathman inquired where the orders were sent. Mr. Votel responded that they were mailed to Bob Van Lee at 1110 Forest, the previous owner. Orders were also posted at the property, there was no phone listing, and the garage was aot secured. Mr. Vue stated that the oniy order fie 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 ihe tax records as the official owner. The previous owner had a legai obligation to inform the new owners that this order was outstanding. The city is required under the Iaw to send notice to the properry owner as recorded at the Ramsey county properry ta�cation. The city followed the proper legal procedures, the video cleazly shows the work was done by the city, and recommended approval of the assessment. 122 Manitoba Avenue No one appeared. This assessment was rarified 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. �106 Marshall Avenue Laid over to June 17, 1997 45A Marvland Avenue No one appeared. This assessme� was ratified on May 14, 1997 and was not part of the laid over assessments for today's fiearing. It was re-discussed and no action was taken. 2 q� .� �.s 1303 Rando(ph Avenue No one appeared. This assessment was ratified on May 14, 1997 and was not part of the laid over assessments for today's heazing. It was re-discussed and no action was taken. 695 St. Anthony 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 &om the walk. The property was rechecked on 7anuary 15, 1997; the ciry did the work on January 16, 1997. Mike Peters, property owner, appeared and stated that in early January when he received the notice from the city, he took care of the problem. He received no further warnings. At that time, it stormed back-to-back and the snow was blowing all week. Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20, 1996 and 7anuary 7, 1997. Ciry ordinance requires that snow be removed within 24 hours after a snow fall. In viewing the video, it is clear tt�at 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 his 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 care 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 January 15 and the snow still hadn't been removed; on 7anuary 16 the city crew went out and removed the snow. It is ciear on the video that there was snow on the sidewalk and recommended approval of the assessment. 2176 Stillwater 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 properry was rechecked on 7anuary 23, 1997; the city did the work on February 1, 1997. Jeff Miller, property owner, appeared and stated that he shoveled the sidewalk 3' wide. He did contact the city 3 times on Friday the 31st after he received the nbrice 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 cieaz the waik and couldn't clusei through the ice. By Friday it had warmed and he spent 3 hours clearing the sidewalk. All the city did was probably plow another inch, dug up his lawn and put dirt and sand over what he had already sfioveled. Mr. Strathman stated that in viewing the video, it appeazs an attempt was made to ciean it up ihe snow aithouglz it wasu'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 Aprii 9, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no acdon was taken. Mr. Strathman noted that a letter was receivefl from Dawn Simon the property owner explaining that she was having personal difficulties 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 Heatth is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating that the buiiding was condemned in July 1996, 5 c�*++mary abatement notices were issued to remove various nuisance law violations. After an inspection In March 1497, the building was declared a nuisance. A code compliance inspection was obtained on May 28, 1947, and the estimated amourn of money needed to repair the structure makes it unlikely and not economically feasible to rehabilitate. He also noted a letter was received from community members in support of condemnation. Mr. Strathman questioned why this matter was being heard when a bond l�ad been posted on April 11, 1997, and pernuts obtained. Mr. Votel referred 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 nuisance condition as it has been for some time which 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 building fee of $200 and the code compliance was paid. He's in the process of re-roofing the house; iYs a slow process but he does has 6 months to complete the work. Mr. Strathman asked the property owner if he expected 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 co�d either try to sell the house the way it was or he could try to repair it, and if he posted a bond, � °l'1- � � the ciry was pretty lenient if 50% of the work was done within 6 months. Mr. Strathman asked about the compiaints received on the properry. Mr. Votel statecl tbat 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 have the contractor go out and put 16 boards on the buiiding to secure it. There hasn't been any reai effort to complete the repairs and the city is concerned 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 properry. Mr. Nguyen stated that every time an abatement was sent, he took care of it. Basically all he wants to do is fix up the house and either rehab or sell it. He has the code compiiance list and is making sure that the work he does meets code. Quoc Nguyen, previous owner of the house, stated he deeded the properry to his son, but explained that he still hoids the 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 ffie mortgage. He wants to comply with the city. Mr. Strathman stated concem about the house being a nuisance to the neighborhood and the possibility that the work on the building may not be 50% completed when the 6-month period expires. If tlus is ailowed 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 doesn'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, appeazed 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 vacant on 7uly 30, 1996, and subsequently went into the vacant house status. It is his understanding, through contact with the inspectors, that the owner made no move to get the buiiding inspected until the last possible minute when he would be forc�d 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 tfie work. The records contain a copy of a petition signed by neighbors signed on August 12, 1996. He also presented a new petition signed by 25 individuals surrounding the properry in question urging the city to either insure that rehabilitation go forwazd prompfly to bring this praperry up to the ciry codes and neighborhood standards, or that this dangerous and unsighdy structuze be 5 removed. The tteighbors have had enough. If time is going to be granted to rehabilitate, then the most strenuous supervision should be put into place. Beth Randall, Execurive D'uector of H-Mark, stated this property has been an issue with repairs according to neighbors since January of 1445. It dcesn't appear to be economically feasible to renovate. She mentioned that one thing that may not have been suggested as a financial option is selective clearance. Also selling the building as is rather than putting money into it. FIer company would be wilting to pay for the lot but they would not renovate the building, it would be tom down. She would discourage putting more money into the building. They aze in support of the neighbors to make sure that there is a solution in a very timely fashion. Extending the time line isn't going to solve the problem. Quoc Nguyen indicated that if the community wants to buy the property, he would be bappy to sell it. Mr. Strathman stated that the fact that the bond has been posted and legal permits have been pulled, he would not recommend 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 $46 Western Avenue North. If the owner faiLs to comply witt► the resolation, Public Health is ordered to remove the building. Dave Assitt, attorney representing Bankers Trust Company, mortgage holder on the property, appeared and stated that they have commenced foreclosure proceedings. The properry went to saie on Mazch 22, 1997. The aze in the process of reducing the redemption period from 6 months to 5 weeks and if successful, they would be the owner of the properry about July 31, 1997. They have had limited accessed to the property but they believe the structure may be rehabilitated. He requested that if the buiiding is to be removed, the order be delayed 60 days to allow time for their client to obtain title and possession. Mr. Strathman siated that based on the information presented by staff and in viewing the photographs, the building is clearly a public nuisance 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_�chigan tr . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Bi11 Manson, properiy owner, appeared and stated that he purchased the home from HUD on AprIl 15, 1997 and he is in the process of rehabilitating the structure. 0 q� -'1 �S Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant since May 1996. It went through FIUD's foreclosure process and was to Mr. Manson. Previous to that, it has been a problem properry for the city since July 1996. At this point, Mr. Manson bas posted the bond and pulled building permits which aze valid until November 20 ,1 997. Mr. Sttathman 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 compiy 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 aze dealing with HUD on the properry as well. Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant since February 1997 and Bank of America has begun foreclosure proceedings. The property would be uansferred to HUD after the redemption period. The city has had to board the building and three summary abatement notices were issued. Real estate taxes are currenfly paid; the estimated cost to repair the buiiding makes it unlikely and not economically feasible to rehabilitate. Ms. Madison stated that they wili be handling the mortgage foreclosure in the near future. The file is currently in shipping between Bank of America's pre-foreclosure and foreclosure departments. They haven't done any ride work on the properry yet but they l�ve received indication that the properiy 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 aiso indicated the Mr. Schwartz and Mr. Ghassemlou would be willing to enter into negotiations 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 eacplained that the city is dealing with a building that bas been vacant, declared to be a public nuisance, and the recommendation by city inspectors is that rehabilitation is not economically feasible. In view of those facts, he recommended approval of the order. fll 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 Larson, Ramsey County Properry Records and Revenue, reported that the property in question is scheduled for auction June 19, 1997. There has been interest from potentiai buyers and he's fairly certain that it will sell. He meet with the West 7th neighborhood group and they indicated tUat there is some Yristory belvnd the house. He requested time to allow the properiy to be sold at the auction. Chuck Votel, Public Health, reported that the property is secured. The building was condemned in October 1996. The estimated amount of money needed to properly repair the suucture makes rehabilitation untike2y and not econowically feasib2e. Mr. Sirathman recommended the matter be laid over to July i, 1997. 7. Resolution ordering the owner to remove or repair the referenced building located at 915 Sherburne Avenue. If the owner faits to compiy with the resoiution, Pubiic 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 aze paid and vacant building registration fees aze due. A code compliance was done on Aprii 16, 1997; the estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Ron Widerhoft, properry owner, appeazed and stated that he plans to sell the property to Todd who intends to rehab the building but wants to make sure that it won't be tom down. Mr. Strathman stated that based on the information presented by staff and in viewing the photograpfis of the building, he would zequire 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. Stratbman recottimended giving the properry 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 Wednesday, June 11, 1997. q�.�zs &. Resolution ordering the owner to remove or repair the referenced building located at 774 itol Heigh-�t . 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 and stated that the building was condemned in October 1996. The city had to board the buiiding, registration fees and taYes aze paid. On Apri18, 1997 a Code Compliance inspection was done. The bond was posted with the buiiding inspection department on May 12, 1997, and a permit obtained which 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 properry owner, Emil Lemke, appeared and stated that he intends to rehabilitate the building. He erplained that he was late in posting the bond because he went to the wxong address and by the time he got to the right office it had closed. The following Monday he posted ffie bond but notice had already been mailed. Mr. Strathman recommended amending the resolution and giving the proper[y 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.