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97-727� �� F��`''. ' q 7 � � ` ; _ ; i � RESOLUTION "'- �-- CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame dwelling and detached, two vehi�le� �� garage located on property hereinafter referred to as the "Subject Propexty" and commonly lrnown as 903 Fourth Street Bast. This property is legally described as follows, to wit: L,ot 23, Dailey and Berrisford's Subdivision of block 95 of Lyman Dayton's Addition to 5t. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before January 24, 1997, the foliowing are the now known interested or responsible parties for the Subject Property: H.U.D. Properry Disposition, 220 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21st Avenue South, Richfield, MN 55423, Attn: Gene Johnson; WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate Nuisance Building(s}" dated January 22, 199�; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WHBREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by February 21, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and Council File # 9�1_�1a� Green Sheet # 3�rZ`� 3� � WHEREAS, this nuisance condition has not been corrected and Public Health requested that the City Clerk schedule public hearings before the L,egislative Hearing Officer of the City Council , and the Saint Paul City Council; and 9 r1-'� �.1 WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the pub&c hearings; and WHEREAS, a hearing was held before the I.egislarive Hearing Officer of the Saint Paul City Council on Tuesday, March 18, 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, safery 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 aiternarive 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 one hundred and eighry (180) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, March 26, 1997 and the testimony and evidence including the action taken by the I,egislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 903 Fourth Street East: 1. That the Subject Property comprises a nuisance condition as defined in Saint Yaul L.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 Hoixsing 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 piacard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacanUNuisance Buildings Code Enforcement Program. 8. That the laiown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. �7- �a � � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .�. • The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within one hundred and eighty (180} days after the date of the Council Aearing. 2. If the above corrective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the 3aint Paul L.egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L.egisiative Code. BY� �� > Approved by Mayor: Date � � �� —y � `— By: �- `' l.` "� Requested by Department of: �� - Form Approved by City Attorney � By: Approv Mayor for Submission to Coun 1 /��`� By: Adopted by Covncil: Date � Adoption Certified by Council Secretary �wn,of wwcE t f y_ 3�212 �� DEPMTAIENT oATs za9� °lr1-r7 0-`1 GREEN SHEE CONTACT PERSON & PNONE INRIAVDATE INRIAL/DATE O �EPARTMENT DIRE O CRV COUNpL Charles Votel 292 ASSIGN � CITYAl70RNEY � dTV CLERK NU�BERFON MUS38E��CA ;`CIL AfiF_N�A BY (OA7� p��rp O BUDGET DIflECTOF O FIN. $ MGT. SERVECES DIR \\ �it I Public Heaiing � MAVOR (OR ASS15fANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) � ACTION REQUESTED: Amending C.F. 97-318, adopted Mazch 26, 1997, ordering the owner to remove or repair the building at 903 Fourth Street East within 180 days after adoption of resolution. FECAMMENDATIONS: Apprave (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worked under a coMract for this departmerrt? _ CIB CqMMITTEE YES NO — 2. Has this person/firm ever been a city employee? _ STAPF — YES NO _ ois7aiC7 COURi _ 3. Does this person/firm possess a skill not normally possessed by any current city empiqree? SUPPORTS WHICH COUNCIL O&IECTIVE7 YES NO Explain all yes answers on separate sheet antl ettaeh to green sheet INITIATING PROBLEM, ISSUE.OPPFJFTUNITY(Who, What, When, Where, Why): ADVANTAGES IFAPPHOVED' DISA�VANTAGES IFAPPROVED: �{aarx?;io.� . 8°at>Q r '", , `@ �S,s•i 3. ��., 37 � � � �� _._., � DISAOVANTAGES IF NOTAPPROVED� 70TAL AMOUNT OF 7RANSACTION $ COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIIdG SOURCE AC71V1TV NUMSEA FINANCIAL INFORFnATION: (EXPLAIN) OFFICE OF Tf� CITY PegBirk, CityAttorney CITY OF SA1NT PAUL Norm Caleman, Mcryor May 14, 1997 Councilmember Gladys Morton 320-C City Hall Saint Paul, MN 55102 Civi1 Division 4QQ City Hall IS WestKelloggBZvd Saira P¢ul, M+nnesota 55102 �. -� s�, G/✓ Teiephane: 612 266-87I0 Facsimile: 612 298-5619 RECELVED MAY 15 1991 RE: 903 East Fourth Street: Council Resolution #97-318 Dear Councilmember Morton: c�a�n,c�LM��;atR G�ADYSNAOR70N As an assistant city attorney, I seek your support in bringing an amendment to the above- referenced council resolution calling for the rehabilitation or demolition of the building within 180 days on the condition that HUD post a performance bond within two weeks to secure building permits. I haue attached copies of the resolution passed Mazch 26, 1997, as weli as the amended form. As the property is located within your ward, your opinion may be decisive. I represent the city in the cases where aggrieved property owners seek court injunctions to challenge the propriety of such resolutions. In this highly unusual case, HUD (the properry owner) has threatened a federal lawsuit to review the council's action in part because HUD has no authority to post such a rehabilitation performance bond. In other words, the United 5tates Attorney's Office has brought to our attention that the council has conditioned its decision upon the performance of an unlawful act by the federal government. Along with Charles Votel of our health department and IIi 7D, I ask you to bring the amended resolution before the council with your recommendation for adoption. The amendment would eliminate the requirement that HUD post the performance bond in order to market the properiy for rehabilitation. Any future purchaser will aiready take with notice of the council's order of abatement. This j oint request for the amendment is part of a tentative settlement reached with the United States Attorney's Office to avoid costly, and perhaps unsuccessful, litigation over this properiy in federal court. The purpose of such a bond is to secure the rehabilitation permits. HiJD will not— indeed, cannot— undertake any work under permit; it has simply sought tune to sell to property to another who then will be required by our code to post the bond to ensure rehabilitation. �� -�a�1 If you haue any questions about the proposed amendment or the underlying issues in this case, piease do not hesitate to give me a ca1L Otherwise, please haue your staff place the proposed amended resolution on the agenda for consideration by the council. Thank you for your attention to this matter. cc: Shirley Sailors, HL7D Chazles Votel, Saint Paul Public Health Lynn Zentner, United States Attorney's Office Respectfiilly, RPR-25-1997 15�52 " �y2,`��".��. UJ�v'.:- �� ST PRUL PUBLIC HEALTH 612 222 2770 P.14i21 �-'1,'Cy1�Y�e5,. �d -' ,- , .r � � � s �� Q*1- �17 ��I� °�:'' ! '..."?{'' �,y_ Cauaci,? Fiie � I��M " ,v Greea Sheet � ��.�� PAUL, MiNt�tESO'TA Ta 2 3 4 5 6 7 8 9 10 11 12 13 I�{ is is �7 IS 19 2A 27 22 23 2A 25 26 27 28 29 30 31 32 33 3L1 95 36 3� co�ai.tte�: Date W S, Public �Ieatth has requested the Cicy Cauncil ta hold public hearin4gs to oonsider ��y��a '' and neces.ciry ef ardering the repair or wrecking and r�wvat af a twa-story, wood Prame dw 1 g atzd detached, two-vehicie, woa3 £zame garage located on properEY hereinafter refexred to the "Snbject Propesty" and commonly lrnown as 9Q3 Fourtlt 5treet East. This property is lega3ly described as follows wit: . � Ldt 23, Dailey and $errisfoFd's Subdivision of biacic 95 of �.y�an Daytfln's Adriition to Sc. Paa] WFlEREAS, based upon the records ia the Ramsey Coetnty Ttecozder's Office and zn�'ormation obtaiaed by Publie T�eaith an ar befare Ianuary 24, 1997, Ehe £ottowiu�g ate t]ae now k�vwn interested ox responsible parties #"or the S�bJea Praper#.y_ I�.U.I}. I?7roperty Disposit�pn, 220 Secand Stm.�t Sauth, Minneapolis, MN 5544)1; Phem Expres.s inc•, �6�31 21st Aveme South, F.ichfield, MN 55�23, Attu: Gene 7cshnson; Midiand A�ortgage �, 3232 �Nast �aa, O�lakwma City, OT� 73I07, Attn: Karin T]erby, Losn# 8902432883 , p��p,g public Hea13h 7�.c �rve& in accozc3ance witkt the pravisions of Chaptex 45 of rbe Saint Faixl Legislative Code an order identifled as azz "Order to Abate ATuisanCe BuildingCs)" dat�d 3aus�rry 22, i997; and WFiER8p.5, this cuder in£aanecl the then knawn iaterested or responsibte pazties that che stnfcnsre lacated on che Snbject Praperey is a�isance buiIding(s} Pn'zsaant ta Chapter 45; and 't�'HEREAS, tlnis oider int'oimed the znterested ar tespansible gazt�es t�at theY must repair or dem4Yish the strucmre Iocated on t�te Sabject ProPerty by Febzttary 21, 1997; and WFF�LEAS, the en€ore�ment d�cer has gosted a placard on the 3ubject Property de�laring this huiiding{S) to consdtute a^ conr3itwn; subjeci m dcmoi'vion; az� 'Pf1�EREAS, th�s riui.sanCe CD�ditiDn has not Iseen correCted and Pubiic H�lttx Xeq,nesEed ihaE tiae Ciry Clerk schedaie public heariwgs before the Le�islative Fieaziz�g Of�'icer of the City Counci! and tT�e Saint 7?aul Caty Cauncii; and �VI3EREAS, tt�e interested and 1Cesponsible pasties have been sarved notice in acct�rdance witi� il� pmvisions of Cl�aptet +�5 of t� S$irn Paul Legisiarive Code, of the 'time, daxe, piace ansi putpose af the public hearings; and pPR-25-1997 15�53 ST PFIUL PUBLIC HERLTH 612 222 27'7� P.15i21 : Q� � � �'� �� l� 1 �VE�REAS, a heariuy was beld before the 7.egislative Hearing 4f�cer a£ We Saint T'aul Ciry 2 Councif on Tuesday, March 18, i997 to hear testun.ony and evideace, a� after receiving teStzmanY 3 aad eviG�zux, made tt� recommendation to agprove che request to order rhe intereste3 or iesponsibie 4 parties to naake the Subject Pcopert}' safe at�d not detrimenfal to the public peace, heaith, safary and 5 melfare a� remnve it� blighiettg ueflaet�ce a� Ehe communitv by reLahii"staung this stxucture in 6 accordance with aIl applicabla eodes and ordi�iees> o� in the slceruative hy demol;.�.h;� and 7 �mov+n$ ttie str�ehue in accardance with all. a�lieable eodes ansi ordinaz�ces. The [eha6iliratiaa Ox 8 siemolrtion of t�he snucture to k�e comgFeted withi v-�teetr(�3�j'da &f[�' �� o �� 9 HEarinp,; and c�.. h�r-d. �_�� 10 lI I2 13 ].4 15 lfi d7 18 I9 2�? zr 22 23 24 as 26 27 2$ 29 34 31 32 33 34 35 36 37 38 39 40 41 42 43 fi�4 45 46 iX�IiEREA.S, a hearing vras held before the Saint Paul City CouzicIl rm WednesdaY, March 2b, 1997 and the tesdmony aud evidence includ"mg tl'�e actien Falcen by the ��egislative S�earing Of�icer was eonsidered by tile Councii; now tt�erefote BE TT RESOF:.�ED, t}xat based upo�t the testimomY and evidenee gzesented at tkte above referenced pulalic heazings, the Saint �'aul City Councl hereby adopts the £ailowing Pindings �nd Order conceming che Subjeec Property at 9a3 Fourth Sireet Easc: 2. I%� 3. C� � 7. 'That the Snbjeet Prnperty eomprises a miisanoe eondition as defined in Saiai Pavl LegislRtivB Code, Cilapter 4S. That the Ct�sts af dem�lxiion �nd re�ztflval of this buiIding{s} is estunaEet3 to ezceed thr�e theusand dnIIazs ($3 '�'t,at there 3now exists a�.d has existed mialaple 73ousi.ng ar SuildinS code violacions ac the 5ubject �'mperty. That an Oxder to Abate Nuisanee Baz�ding(s) was sent to the flzen �wn resprsnsii�le partigs Ep corr�et the deficiencies or to demolislx and rernove the building(s)- That the def'xciencies caus�ng tlus nuisaflce coz�dition Isave nat heen eoxrecced. '�hat Ptsblic Fiealth l�as posted a placard on the S�bject Pcogexty which deckares it to he a�tuisance condition su6,�e�t m demalition. That this bailding bas been routinely monitored �y the VacandNuisanr.e B�sildiz�$s Code Ezzforcemeat Pxagram. 8. That the kAZOwn inierested patties aad owners are as previctuslp stated � this resofutir�n and that the notificatian requirements of �1�apter 45 have 6een fulfilled• 4F,DE12 The SainE P�ul City Cau�zcil hereby makes the foIlowing order: aPR-25-1997 15�53 ST PRUL PUBLIC HERLTH 2 3 4 5 6 7 p n O J ifl 31 ix 13 14 IS 16 I7 zs I9 2,0 21 22 612 222 2770 P.16i21 a�.�s� ��r 1_ The abave �'erenced intexested 6r respoASible paxties shalI matfe ttce Svhject Pmpercy safe anct not den�in�eatal to the public peac:e, heelth, safety and ivelfare and remove its b znf[uence on the cvmmanity by rehabilitating this smtoture znd cor�cting alI de�tciencies as prescn'bed i�z the abaye refereaced Order io Abate Nuisance Buildixyg(s) in accurda�e with alt agp�cab�e cades and ordi�sances, or in the altern2tive by demofishing 2nd rezrwving the stcucn3re in acwrdance wirh ali applicabla codes and or�inances- '�tre rehabiliration ot deuwliizon a� zemaval of the st�ucture must be co�pletsd witbin `'��day5 1f[et Ihe dBYE 4P Ct2C CO11I1"1� H � y � g �� V efn� F+�� C1 h Ci S'p _--q/ { •�.c�r i.SnG ba.•,,� i aa .- 0� - ��t1 '�-�t CAY+d. �" W'i1.iN '�+-�� W tafV� 4tt�v - ;'r� i' ca 9�C- i-�.�, �^ •r nN 2. If the aiseve aorrechve action is nat comp ee�wishin this peri o� e�`ft �e Pu c ea , Code Ez3forcement Yrograsn is Ftereby authorized to take whatever steps are necessary to demo�isla artt� xemqve this scructuie, filt �e site a� ai�acge the eosu incurced against ti�e Subject Property puisuant to il�e provisions of Clsapter 45 0� the Saint Pavt Legislative Code. 3. In the eveut the buildiz�g ss to �e demolished and remaved hy che Ciry of Saizu Paul, all gersonat propercy or �.xtuces of any kind which inter€ere with tYre damolitzar� and removal shal] he re�naoveii frotn rhe progerty by �the responsibte parties by ahe end o� this time period. If ali persanal prop�xcy is smt removed, it shait be consedered to be abazulo�d and the Ciry nf Sa9nit k'a� shal( rettzave and dispose oT such property as provided by law_ 4. It is further ordered, that a capy of ch�s res�alution be mailed ta the ov�n,ers and 'utterested parties in accordanca with Chagter 45 of the Saint Pa�] I..�gislative Code. Requested by Departrnexzt cf: AdopCed by Co�cil : Data ��.a.r.an c `Z`'�T� Rdapcian Certified 7�y counci3 Searetary �� - j Approved by Mayor: nate -_ `'Kf 7 By ' �� f . �• lL�f � Form pro "ty Attotn�y f � Eyz �oved by Mayor for Stilamissicn to Council ci�' "� By: - R`l-7a� MINUTES OF LEGISLATIVE HEARING June 3, 1997 Room 330, City Hall Gerry Strathman, Legislative Heating Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Roxanna Flink, Reai Estate. Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (Iaid over from May 6, 1997 Legislative Hearing): 2106 Marshall Ave. (J9705AA) 473 Cretin Ave. S. (J9705AA) 1857 E. Cottage Ave. (J9705AA) 2176 Stillwater Ave. (J9705AA) 695 5t. 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 3une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 1$57 E. Cottage Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. Orders were maIIed on January 30, 1997, to remove snow from the waik. A recheck was done on February 3, 1997; and the city did the work on February 5, 1997. Mary Kelly, properry owner, appeazed and stated that she was having back problems and could not shovel her sidewalk. During that time is when they had the ice storm and she tried chopping the ice but she didn't have the strength. Mr. Suathman stated it is the properry owner's responsibility to shovel the waik or make arrangements to have it done. The video cleazly shows the work was done by ciry crews and recommended approving the assessment. 47 Cretin Avenue . No one appeazed; recommended approving the assessment. i110 Forast Guy Willits, Public I�eaith, showed a video of the proper[y 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 @one on November 8, 1996, the properly was not cleaned up, and the work was done by the city on November 19, 1996. Chadoua and Youa Vue, property owners, appeared. Mr. Vue stated that they bought the property on September 16, 1996. The previous owner lived on the property until October 5, 1996. When she moved out, she told them she would clean everything including the basement and the garage. She unlocked the garage so that it would be easy for her people to move things out. They waited for her to come back an@ in the meantime, they put some of her thiags in ihe back yard so they could clean building for people moving in. Everything that was taken from the back yazd and garage 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 properry, there was no phone listing, and the garage was not secured. -. Mr. Vue stated that the only order he saw was the one dated December 24, 1996. Mr. Strathman stated that the order mailed October 31, 1996, was sent to the previous owner because she was listed on the tax records as the official owner. The previous owner had a legal obligation to inform the new owners that ttris order was outstanding. The ciry is required under the law to send notice to the property owner as recorded at the Ramsey county property taxation. The city followed the proper tegal procedures, the vi@eo clearly shows the work was done by the city, and recommended approval of the assessment. 122 Manitoba Avenue No one appeazed. This assessment was ratified on May 9, 1997 and was not part of the laid over assessments for today's heazing. It was re�iscussed and no action was taken. 2106 Marshall Avenue Laid over to June 17, 1997 458 Maryland Avenue No one appeazed. This assessment was ratified on May 14, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. 2 °1� - �a�1 1303 Randolph Avenue No one appeazed. This assessment was ratified on May 14, 1997 and was not part of the laid over assessmenLs for today's hearing. It was re-discussed and no action was taken. 695 St. Anthonv Avenue Guy Willits, Pubiic Health, showed a video of the property and reviewed the staff report. The ozder was mailed December 20, 1996, to remove snow and ice from the walk. The property was rechecked on 3anuary 15, 1997; the city did the work on 3anuary lb, 1997. Mike Peters, property owner, appeared and stated that in eariy January when he received the notice from the city, he took caze of the problem. He received no fiukher warnings. At that time, it stormed back-to-back and the snow was biowing all week. Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20, 1996 and 3anuary 7, 1997. City ordinance requires that snow be removed within 24 hours after a snow fail. In viewing the video, it is clear that the snow had been on the sidewalk for more than 2�1 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 January 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 properry and reviewed the staff report. Orders were mailed an 3anuary 21, 1997 and again January 24 to remove snow. The property was rechecked on January 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 notice that the work order had been issued. He called the inspector at 9:00 a.m., 1Q:00 a.m., and paged him at 11:30 a.m., and he never retumed lus call. The Wednesday prior to that, he went out to clear the walk and couldn't chisel through the ice. By Friday it had warmed and he spent 3 hours clearing the sidewalk. 3 All the city did was probably plow another inch, dug up his lawn and put dirt and sand over what he had atready shoveled. Mr. Strathman stated that in viewing the video, it appeazs an attempt was made to clean it up the snow although it wasn't quite adequate. He recommended reducing the assessmern from $132.50 to $37.50. 251 Wavzata Street No one appeared. This assessment was ratified on April 9, 1997 and was not part of the laid over assessments for today's hearing. It was re�iscussed and no action was taken. Mr. Strathman noted that a letter was received 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 Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating that the buiiding was condemned in 7uly 1996, 5 summary abatement notices were issued to remove various nuisance law violations. After an inspecdon In March 1997, the building was declared a miisance. A code compliance inspection was obtained on May 28, 1997, and the estimated amount of money needed to repair the structure makes it unlikely and not economically feasible to rehabilitate. He atso noted a letter was received from communiry members in support of condemnation. Mr. Strathman questioned why this matter was being heazd when a bond had been posted on April 11, 1997, and permits obtained. Mr. Vote2 referred to the code compliance iaspection report and stated that under item #4, the inspector noted that most of the work that had been done to the building and gazage was substandard and would have to be redone. The building is still in a miisance 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 petmit on Oetober 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; it's a slow process but he dces has b 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 could either try to sell the house the way it was or he could try to repair it, and if he posted a bond, 4 �1�► -�a�l the ciry was pretty lenient if 50% of the work was done within 6 months. Mr. S�athman asked about the complaints received on the property. Mr. Votel stated that they had so many problems with the properry tUat they issued a notice to board all accessible first floor openings to the buIlding. Tt wasn't done and the city had to have the co�ractor go out and put 16 boards on the building to secure it. There hasn't been any real effort to compiete the repairs and the city is concemed because ihe 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 PraPerry• Mr. Nguyen stated that every time an abatement was sent, he took cate of it. Basically all he wants to do is fix up the house and either rehab or sell it. He has the code compliance list and is making suxe that the work he dces meeu code. Quoc Nguyen, previous owner of the house, stated he deeded the groperty w his son, but explained that he still holds the mortgage and has some responsibility in the matter. He is very concemed about the rehabilitation or the sale of the properry to pay the balance of the mortgage. He wants to comply with the city. Mr. Strathman stated concern 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 eJCpires. If this is allowed to continue, they may be in a worse situation in a couple of months. Mr. Nguyen stated there aze 4 more months and 11 days before [he 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, appeared and stated that the time line here seems to be skewed to some extern by the fact that the permit was not pulled untii April il, 1997. The building became vacant on July 30, 1996, and subsequently went into the vacant house status. It is 1us understanding, through contact with the inspectors, that the owner made no move to get the building inspected until the tast possible minute when he would be forced by abatement order to do so. It was only in the face of those orders that the permit was pulled and that the insp�tion was made. That inspection speaks for itself in terms of the quality of the work. The records contain a copy of a petition signed by neighbors signed on August 12, 1996. He aiso presented a new petition signed by 25 individuals surrounding the properry in question urging the city to either insure that rehabilitation go forward promptiy to bring this property up to the city codes and neighborhood stattdards, or that this dangerous and unsighfly structure be removed. The neighbors have had enough. Tf time is going to be granted to rehabilitate, then the most strenuous supervision shoutd be put into place. Beth Randall, Executive D'uector of H-Mark, stated this property has been an issue with repairs according to neighbors since January of 1995. It doesn't appear to be economical2y feasible to renovate. She mentioned that one thing that may not have been suggested as a financial option is selective cleazance. Also selling the building as is rather than putting money into it. Her company woutd be willing 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 are in support of the neighbots to make sure that �ere is a solution in a very timely fasluon. Fxtending the time line isn't going to soive the problem. Quoc Nguyen indicated that if the community wants to buy the properry, he would be happy to sell it. Mr. StratYunan stated that the fact that the bond has bcen posted and legal permits have been pulled, he would not recommend proceeding with demolitioa until the 6 month period had expired. He recomme�ed giving the property otvner until October 21, 1997 to complete the repairs. 3. Resolution ordering the owner to remove or repair the referenced building located at 846 Western Avenue North. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the buiiding. Dave Assitt, attomey representing Bankers Trust Company, mortgage hoider on the properry, appeared and stated tUat they have commenced foreclosure proceedings. The groperty went to sale on March 22, 1997. The are in the process of reducing the redemption period from 6 months to 5 weeks and if successfuI, they would be the owner of the properry about 7uly 31, 1997. They have had limited accessed to the property but they believe the s�ucture may be rehabilitated. He requested that if the building is to be removed, the order be delayed 60 days to aIlow time for their ciient to obtain tifle aad possession. Mr. Sirathman stated 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 buiiding located at 39_+_�'schig n� Ch��t. If the owner fails to comply with the resolutiott, Public Health is ordered to remove the bailding. BiII Manson, property owner, appeared and stated that he purchased the home &om fIUD on April 15, 1997 and he is in the process of rehabilitating the structute. 0 q�-�1? � Chuck Votel, Public Heaith, reviewed the staff report stating that the building has been vacant since May 1996. It went through HUD's foreclosure process and was to Mr. Manson. Previous to that, it has been a problem property for the ciry since 7uly 1996. At this point, Mr. Manson has posted the bond and pulled building permits which aze valid until November 20 ,1 997. Mr. Strathman recommended the property owner be given 180 days to complete the rehabilitation. 5. Resolution ordering the owner to remove or repair the referenced building located at 677 Kent Street. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Faye Madison, Murnane Law Firm, appeazed and stated that they have been retained by Bank of America the mortgage holder to represent them. The mortgage is FHA and they are dealing with HUD on the properry as well. Chuck Votel, Public Health, reviewed the staff report stating that ffie building has been vacant since February 1997 and Bank of America has begun foreclosure proceedings. The property would be transfened 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 currently paid; the estimated cost to repair the building makes it unlikely and not economically feasible to rehabilitate. Ms. Madison stated that they will 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 tiUe work on the property yet but they have received indication that the properry was deeded to Paul 5chwartz by Bahram Ghassemlou. After talking with Mr. Ghassemlou, it is her understanding the he deeded the property back to Paul Schwartz but he doesn't want it back. It was also indicated the Mr. Schwartz and Mr. Ghassemlou would be willing to enter into negotiauons for a deed in lieu of foreclosure which would speed up the process. They have been in touch with Soplue Hallauer from HUD who has ordered an emergency HUD inspection report. Mr. Strathman stated he sympathized with their objective but explained that the city is dealing with a building that has been vacant, declazed 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. 7 6. Resolution ordering the owner to remove or repair the referenced building located at 275 Harrison Avenue. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Brett Larson, Ramsey County Properry Records and Revenue, reported tl�at the properry in question is scheduled for aucrion June 19, 1997. There has been irnerest &om potential buyers and he's fairly certain that it will sell. He meet with the West 7th neighborhood group and they indicated that there is some history behind the house. He requested time to allow the property to be sold at the auction. Chuck Votel, Public Health, reported that the properry is secured. The building was condemned in October 1996. The estimated amount of money needed to pmperty repair the structure makes rehabilitation unlikely and not economically feasibie. Mr. Strathman recommended the matter be laid over to July i, 1997. 7. Resolution ordering the owner to r�ove or repair the referenced bvilding located at 915 Sherburne Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating the building has been vacant since August 1996, and there have been two summary abatement orders issued. The real estate taxes aze paid and vacant building registration fees aze due. A code compliance was done on ApriI i6, I997; the estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Ron Wzderhoft, properry owner, appeared 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 torn down. Mr. Strathman stated that based on the information presented by staff and in viewing the photogtaphs of the building, he would require that a$2,000 bond is posted and permits pulled as an assurance that the building would be rehabilitated within 6 months. Tke perspective buyer indicated tfiat wouid not be a problem. Mr. Strathman recommended giving the property owner 180 days to repair the building on the condition that the vacant building fees are paid, and a$2,000 bond is posted by noon on w�esaay June 11, 1997. 0 �t�-�a� 8. Resolution ordering the owner to remove or regair the referenced building located at 774 Ca�itol Heig�c. If the owner fails to comply with the resoIution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report and stated that the building was condemnetl in October �996. The city had to board the building, regisuation fees and taxes aze paid. On Apri18, 1997 a Code Compliance inspection was done. The bond was posted with the building inspection department on May 12, 1997, and a permit obtained which is valid until November 12, 1997. Public Health wants an order tUat says if the owner dcesn't get the work done, the building is tom down. Mike Davis, grandson of the property owner, Emil Lemke, appeared and stated that he intends to rehabilitate the building. He explained that he was late in posting the bond because he went to the wrong address and by the time he got to the right office it had closed. The following Monday he posted the bond but notice had already been mailed. Mr. Strathman recommended amending the resolution and giving the property owner until November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avenue; Bonnie d. Aughes, appellant. No one appeazed. The appeal was withdrawn; the garage was removed. The meeting adjourned at 11:45 a.m. Gerry Strat�nan, Legislative Heazing Officer �!] � �� F��`''. ' q 7 � � ` ; _ ; i � RESOLUTION "'- �-- CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame dwelling and detached, two vehi�le� �� garage located on property hereinafter referred to as the "Subject Propexty" and commonly lrnown as 903 Fourth Street Bast. This property is legally described as follows, to wit: L,ot 23, Dailey and Berrisford's Subdivision of block 95 of Lyman Dayton's Addition to 5t. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before January 24, 1997, the foliowing are the now known interested or responsible parties for the Subject Property: H.U.D. Properry Disposition, 220 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21st Avenue South, Richfield, MN 55423, Attn: Gene Johnson; WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate Nuisance Building(s}" dated January 22, 199�; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WHBREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by February 21, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and Council File # 9�1_�1a� Green Sheet # 3�rZ`� 3� � WHEREAS, this nuisance condition has not been corrected and Public Health requested that the City Clerk schedule public hearings before the L,egislative Hearing Officer of the City Council , and the Saint Paul City Council; and 9 r1-'� �.1 WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the pub&c hearings; and WHEREAS, a hearing was held before the I.egislarive Hearing Officer of the Saint Paul City Council on Tuesday, March 18, 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, safery 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 aiternarive 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 one hundred and eighry (180) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, March 26, 1997 and the testimony and evidence including the action taken by the I,egislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 903 Fourth Street East: 1. That the Subject Property comprises a nuisance condition as defined in Saint Yaul L.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 Hoixsing 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 piacard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacanUNuisance Buildings Code Enforcement Program. 8. That the laiown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. �7- �a � � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .�. • The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within one hundred and eighty (180} days after the date of the Council Aearing. 2. If the above corrective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the 3aint Paul L.egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L.egisiative Code. BY� �� > Approved by Mayor: Date � � �� —y � `— By: �- `' l.` "� Requested by Department of: �� - Form Approved by City Attorney � By: Approv Mayor for Submission to Coun 1 /��`� By: Adopted by Covncil: Date � Adoption Certified by Council Secretary �wn,of wwcE t f y_ 3�212 �� DEPMTAIENT oATs za9� °lr1-r7 0-`1 GREEN SHEE CONTACT PERSON & PNONE INRIAVDATE INRIAL/DATE O �EPARTMENT DIRE O CRV COUNpL Charles Votel 292 ASSIGN � CITYAl70RNEY � dTV CLERK NU�BERFON MUS38E��CA ;`CIL AfiF_N�A BY (OA7� p��rp O BUDGET DIflECTOF O FIN. $ MGT. SERVECES DIR \\ �it I Public Heaiing � MAVOR (OR ASS15fANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) � ACTION REQUESTED: Amending C.F. 97-318, adopted Mazch 26, 1997, ordering the owner to remove or repair the building at 903 Fourth Street East within 180 days after adoption of resolution. FECAMMENDATIONS: Apprave (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worked under a coMract for this departmerrt? _ CIB CqMMITTEE YES NO — 2. Has this person/firm ever been a city employee? _ STAPF — YES NO _ ois7aiC7 COURi _ 3. Does this person/firm possess a skill not normally possessed by any current city empiqree? SUPPORTS WHICH COUNCIL O&IECTIVE7 YES NO Explain all yes answers on separate sheet antl ettaeh to green sheet INITIATING PROBLEM, ISSUE.OPPFJFTUNITY(Who, What, When, Where, Why): ADVANTAGES IFAPPHOVED' DISA�VANTAGES IFAPPROVED: �{aarx?;io.� . 8°at>Q r '", , `@ �S,s•i 3. ��., 37 � � � �� _._., � DISAOVANTAGES IF NOTAPPROVED� 70TAL AMOUNT OF 7RANSACTION $ COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIIdG SOURCE AC71V1TV NUMSEA FINANCIAL INFORFnATION: (EXPLAIN) OFFICE OF Tf� CITY PegBirk, CityAttorney CITY OF SA1NT PAUL Norm Caleman, Mcryor May 14, 1997 Councilmember Gladys Morton 320-C City Hall Saint Paul, MN 55102 Civi1 Division 4QQ City Hall IS WestKelloggBZvd Saira P¢ul, M+nnesota 55102 �. -� s�, G/✓ Teiephane: 612 266-87I0 Facsimile: 612 298-5619 RECELVED MAY 15 1991 RE: 903 East Fourth Street: Council Resolution #97-318 Dear Councilmember Morton: c�a�n,c�LM��;atR G�ADYSNAOR70N As an assistant city attorney, I seek your support in bringing an amendment to the above- referenced council resolution calling for the rehabilitation or demolition of the building within 180 days on the condition that HUD post a performance bond within two weeks to secure building permits. I haue attached copies of the resolution passed Mazch 26, 1997, as weli as the amended form. As the property is located within your ward, your opinion may be decisive. I represent the city in the cases where aggrieved property owners seek court injunctions to challenge the propriety of such resolutions. In this highly unusual case, HUD (the properry owner) has threatened a federal lawsuit to review the council's action in part because HUD has no authority to post such a rehabilitation performance bond. In other words, the United 5tates Attorney's Office has brought to our attention that the council has conditioned its decision upon the performance of an unlawful act by the federal government. Along with Charles Votel of our health department and IIi 7D, I ask you to bring the amended resolution before the council with your recommendation for adoption. The amendment would eliminate the requirement that HUD post the performance bond in order to market the properiy for rehabilitation. Any future purchaser will aiready take with notice of the council's order of abatement. This j oint request for the amendment is part of a tentative settlement reached with the United States Attorney's Office to avoid costly, and perhaps unsuccessful, litigation over this properiy in federal court. The purpose of such a bond is to secure the rehabilitation permits. HiJD will not— indeed, cannot— undertake any work under permit; it has simply sought tune to sell to property to another who then will be required by our code to post the bond to ensure rehabilitation. �� -�a�1 If you haue any questions about the proposed amendment or the underlying issues in this case, piease do not hesitate to give me a ca1L Otherwise, please haue your staff place the proposed amended resolution on the agenda for consideration by the council. Thank you for your attention to this matter. cc: Shirley Sailors, HL7D Chazles Votel, Saint Paul Public Health Lynn Zentner, United States Attorney's Office Respectfiilly, RPR-25-1997 15�52 " �y2,`��".��. UJ�v'.:- �� ST PRUL PUBLIC HEALTH 612 222 2770 P.14i21 �-'1,'Cy1�Y�e5,. �d -' ,- , .r � � � s �� Q*1- �17 ��I� °�:'' ! '..."?{'' �,y_ Cauaci,? Fiie � I��M " ,v Greea Sheet � ��.�� PAUL, MiNt�tESO'TA Ta 2 3 4 5 6 7 8 9 10 11 12 13 I�{ is is �7 IS 19 2A 27 22 23 2A 25 26 27 28 29 30 31 32 33 3L1 95 36 3� co�ai.tte�: Date W S, Public �Ieatth has requested the Cicy Cauncil ta hold public hearin4gs to oonsider ��y��a '' and neces.ciry ef ardering the repair or wrecking and r�wvat af a twa-story, wood Prame dw 1 g atzd detached, two-vehicie, woa3 £zame garage located on properEY hereinafter refexred to the "Snbject Propesty" and commonly lrnown as 9Q3 Fourtlt 5treet East. This property is lega3ly described as follows wit: . � Ldt 23, Dailey and $errisfoFd's Subdivision of biacic 95 of �.y�an Daytfln's Adriition to Sc. Paa] WFlEREAS, based upon the records ia the Ramsey Coetnty Ttecozder's Office and zn�'ormation obtaiaed by Publie T�eaith an ar befare Ianuary 24, 1997, Ehe £ottowiu�g ate t]ae now k�vwn interested ox responsible parties #"or the S�bJea Praper#.y_ I�.U.I}. I?7roperty Disposit�pn, 220 Secand Stm.�t Sauth, Minneapolis, MN 5544)1; Phem Expres.s inc•, �6�31 21st Aveme South, F.ichfield, MN 55�23, Attu: Gene 7cshnson; Midiand A�ortgage �, 3232 �Nast �aa, O�lakwma City, OT� 73I07, Attn: Karin T]erby, Losn# 8902432883 , p��p,g public Hea13h 7�.c �rve& in accozc3ance witkt the pravisions of Chaptex 45 of rbe Saint Faixl Legislative Code an order identifled as azz "Order to Abate ATuisanCe BuildingCs)" dat�d 3aus�rry 22, i997; and WFiER8p.5, this cuder in£aanecl the then knawn iaterested or responsibte pazties that che stnfcnsre lacated on che Snbject Praperey is a�isance buiIding(s} Pn'zsaant ta Chapter 45; and 't�'HEREAS, tlnis oider int'oimed the znterested ar tespansible gazt�es t�at theY must repair or dem4Yish the strucmre Iocated on t�te Sabject ProPerty by Febzttary 21, 1997; and WFF�LEAS, the en€ore�ment d�cer has gosted a placard on the 3ubject Property de�laring this huiiding{S) to consdtute a^ conr3itwn; subjeci m dcmoi'vion; az� 'Pf1�EREAS, th�s riui.sanCe CD�ditiDn has not Iseen correCted and Pubiic H�lttx Xeq,nesEed ihaE tiae Ciry Clerk schedaie public heariwgs before the Le�islative Fieaziz�g Of�'icer of the City Counci! and tT�e Saint 7?aul Caty Cauncii; and �VI3EREAS, tt�e interested and 1Cesponsible pasties have been sarved notice in acct�rdance witi� il� pmvisions of Cl�aptet +�5 of t� S$irn Paul Legisiarive Code, of the 'time, daxe, piace ansi putpose af the public hearings; and pPR-25-1997 15�53 ST PFIUL PUBLIC HERLTH 612 222 27'7� P.15i21 : Q� � � �'� �� l� 1 �VE�REAS, a heariuy was beld before the 7.egislative Hearing 4f�cer a£ We Saint T'aul Ciry 2 Councif on Tuesday, March 18, i997 to hear testun.ony and evideace, a� after receiving teStzmanY 3 aad eviG�zux, made tt� recommendation to agprove che request to order rhe intereste3 or iesponsibie 4 parties to naake the Subject Pcopert}' safe at�d not detrimenfal to the public peace, heaith, safary and 5 melfare a� remnve it� blighiettg ueflaet�ce a� Ehe communitv by reLahii"staung this stxucture in 6 accordance with aIl applicabla eodes and ordi�iees> o� in the slceruative hy demol;.�.h;� and 7 �mov+n$ ttie str�ehue in accardance with all. a�lieable eodes ansi ordinaz�ces. The [eha6iliratiaa Ox 8 siemolrtion of t�he snucture to k�e comgFeted withi v-�teetr(�3�j'da &f[�' �� o �� 9 HEarinp,; and c�.. h�r-d. �_�� 10 lI I2 13 ].4 15 lfi d7 18 I9 2�? zr 22 23 24 as 26 27 2$ 29 34 31 32 33 34 35 36 37 38 39 40 41 42 43 fi�4 45 46 iX�IiEREA.S, a hearing vras held before the Saint Paul City CouzicIl rm WednesdaY, March 2b, 1997 and the tesdmony aud evidence includ"mg tl'�e actien Falcen by the ��egislative S�earing Of�icer was eonsidered by tile Councii; now tt�erefote BE TT RESOF:.�ED, t}xat based upo�t the testimomY and evidenee gzesented at tkte above referenced pulalic heazings, the Saint �'aul City Councl hereby adopts the £ailowing Pindings �nd Order conceming che Subjeec Property at 9a3 Fourth Sireet Easc: 2. I%� 3. C� � 7. 'That the Snbjeet Prnperty eomprises a miisanoe eondition as defined in Saiai Pavl LegislRtivB Code, Cilapter 4S. That the Ct�sts af dem�lxiion �nd re�ztflval of this buiIding{s} is estunaEet3 to ezceed thr�e theusand dnIIazs ($3 '�'t,at there 3now exists a�.d has existed mialaple 73ousi.ng ar SuildinS code violacions ac the 5ubject �'mperty. That an Oxder to Abate Nuisanee Baz�ding(s) was sent to the flzen �wn resprsnsii�le partigs Ep corr�et the deficiencies or to demolislx and rernove the building(s)- That the def'xciencies caus�ng tlus nuisaflce coz�dition Isave nat heen eoxrecced. '�hat Ptsblic Fiealth l�as posted a placard on the S�bject Pcogexty which deckares it to he a�tuisance condition su6,�e�t m demalition. That this bailding bas been routinely monitored �y the VacandNuisanr.e B�sildiz�$s Code Ezzforcemeat Pxagram. 8. That the kAZOwn inierested patties aad owners are as previctuslp stated � this resofutir�n and that the notificatian requirements of �1�apter 45 have 6een fulfilled• 4F,DE12 The SainE P�ul City Cau�zcil hereby makes the foIlowing order: aPR-25-1997 15�53 ST PRUL PUBLIC HERLTH 2 3 4 5 6 7 p n O J ifl 31 ix 13 14 IS 16 I7 zs I9 2,0 21 22 612 222 2770 P.16i21 a�.�s� ��r 1_ The abave �'erenced intexested 6r respoASible paxties shalI matfe ttce Svhject Pmpercy safe anct not den�in�eatal to the public peac:e, heelth, safety and ivelfare and remove its b znf[uence on the cvmmanity by rehabilitating this smtoture znd cor�cting alI de�tciencies as prescn'bed i�z the abaye refereaced Order io Abate Nuisance Buildixyg(s) in accurda�e with alt agp�cab�e cades and ordi�sances, or in the altern2tive by demofishing 2nd rezrwving the stcucn3re in acwrdance wirh ali applicabla codes and or�inances- '�tre rehabiliration ot deuwliizon a� zemaval of the st�ucture must be co�pletsd witbin `'��day5 1f[et Ihe dBYE 4P Ct2C CO11I1"1� H � y � g �� V efn� F+�� C1 h Ci S'p _--q/ { •�.c�r i.SnG ba.•,,� i aa .- 0� - ��t1 '�-�t CAY+d. �" W'i1.iN '�+-�� W tafV� 4tt�v - ;'r� i' ca 9�C- i-�.�, �^ •r nN 2. If the aiseve aorrechve action is nat comp ee�wishin this peri o� e�`ft �e Pu c ea , Code Ez3forcement Yrograsn is Ftereby authorized to take whatever steps are necessary to demo�isla artt� xemqve this scructuie, filt �e site a� ai�acge the eosu incurced against ti�e Subject Property puisuant to il�e provisions of Clsapter 45 0� the Saint Pavt Legislative Code. 3. In the eveut the buildiz�g ss to �e demolished and remaved hy che Ciry of Saizu Paul, all gersonat propercy or �.xtuces of any kind which inter€ere with tYre damolitzar� and removal shal] he re�naoveii frotn rhe progerty by �the responsibte parties by ahe end o� this time period. If ali persanal prop�xcy is smt removed, it shait be consedered to be abazulo�d and the Ciry nf Sa9nit k'a� shal( rettzave and dispose oT such property as provided by law_ 4. It is further ordered, that a capy of ch�s res�alution be mailed ta the ov�n,ers and 'utterested parties in accordanca with Chagter 45 of the Saint Pa�] I..�gislative Code. Requested by Departrnexzt cf: AdopCed by Co�cil : Data ��.a.r.an c `Z`'�T� Rdapcian Certified 7�y counci3 Searetary �� - j Approved by Mayor: nate -_ `'Kf 7 By ' �� f . �• lL�f � Form pro "ty Attotn�y f � Eyz �oved by Mayor for Stilamissicn to Council ci�' "� By: - R`l-7a� MINUTES OF LEGISLATIVE HEARING June 3, 1997 Room 330, City Hall Gerry Strathman, Legislative Heating Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Roxanna Flink, Reai Estate. Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (Iaid over from May 6, 1997 Legislative Hearing): 2106 Marshall Ave. (J9705AA) 473 Cretin Ave. S. (J9705AA) 1857 E. Cottage Ave. (J9705AA) 2176 Stillwater Ave. (J9705AA) 695 5t. 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 3une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 1$57 E. Cottage Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. Orders were maIIed on January 30, 1997, to remove snow from the waik. A recheck was done on February 3, 1997; and the city did the work on February 5, 1997. Mary Kelly, properry owner, appeazed and stated that she was having back problems and could not shovel her sidewalk. During that time is when they had the ice storm and she tried chopping the ice but she didn't have the strength. Mr. Suathman stated it is the properry owner's responsibility to shovel the waik or make arrangements to have it done. The video cleazly shows the work was done by ciry crews and recommended approving the assessment. 47 Cretin Avenue . No one appeazed; recommended approving the assessment. i110 Forast Guy Willits, Public I�eaith, showed a video of the proper[y 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 @one on November 8, 1996, the properly was not cleaned up, and the work was done by the city on November 19, 1996. Chadoua and Youa Vue, property owners, appeared. Mr. Vue stated that they bought the property on September 16, 1996. The previous owner lived on the property until October 5, 1996. When she moved out, she told them she would clean everything including the basement and the garage. She unlocked the garage so that it would be easy for her people to move things out. They waited for her to come back an@ in the meantime, they put some of her thiags in ihe back yard so they could clean building for people moving in. Everything that was taken from the back yazd and garage 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 properry, there was no phone listing, and the garage was not secured. -. Mr. Vue stated that the only order he saw was the one dated December 24, 1996. Mr. Strathman stated that the order mailed October 31, 1996, was sent to the previous owner because she was listed on the tax records as the official owner. The previous owner had a legal obligation to inform the new owners that ttris order was outstanding. The ciry is required under the law to send notice to the property owner as recorded at the Ramsey county property taxation. The city followed the proper tegal procedures, the vi@eo clearly shows the work was done by the city, and recommended approval of the assessment. 122 Manitoba Avenue No one appeazed. This assessment was ratified on May 9, 1997 and was not part of the laid over assessments for today's heazing. It was re�iscussed and no action was taken. 2106 Marshall Avenue Laid over to June 17, 1997 458 Maryland Avenue No one appeazed. This assessment was ratified on May 14, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. 2 °1� - �a�1 1303 Randolph Avenue No one appeazed. This assessment was ratified on May 14, 1997 and was not part of the laid over assessmenLs for today's hearing. It was re-discussed and no action was taken. 695 St. Anthonv Avenue Guy Willits, Pubiic Health, showed a video of the property and reviewed the staff report. The ozder was mailed December 20, 1996, to remove snow and ice from the walk. The property was rechecked on 3anuary 15, 1997; the city did the work on 3anuary lb, 1997. Mike Peters, property owner, appeared and stated that in eariy January when he received the notice from the city, he took caze of the problem. He received no fiukher warnings. At that time, it stormed back-to-back and the snow was biowing all week. Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20, 1996 and 3anuary 7, 1997. City ordinance requires that snow be removed within 24 hours after a snow fail. In viewing the video, it is clear that the snow had been on the sidewalk for more than 2�1 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 January 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 properry and reviewed the staff report. Orders were mailed an 3anuary 21, 1997 and again January 24 to remove snow. The property was rechecked on January 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 notice that the work order had been issued. He called the inspector at 9:00 a.m., 1Q:00 a.m., and paged him at 11:30 a.m., and he never retumed lus call. The Wednesday prior to that, he went out to clear the walk and couldn't chisel through the ice. By Friday it had warmed and he spent 3 hours clearing the sidewalk. 3 All the city did was probably plow another inch, dug up his lawn and put dirt and sand over what he had atready shoveled. Mr. Strathman stated that in viewing the video, it appeazs an attempt was made to clean it up the snow although it wasn't quite adequate. He recommended reducing the assessmern from $132.50 to $37.50. 251 Wavzata Street No one appeared. This assessment was ratified on April 9, 1997 and was not part of the laid over assessments for today's hearing. It was re�iscussed and no action was taken. Mr. Strathman noted that a letter was received 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 Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating that the buiiding was condemned in 7uly 1996, 5 summary abatement notices were issued to remove various nuisance law violations. After an inspecdon In March 1997, the building was declared a miisance. A code compliance inspection was obtained on May 28, 1997, and the estimated amount of money needed to repair the structure makes it unlikely and not economically feasible to rehabilitate. He atso noted a letter was received from communiry members in support of condemnation. Mr. Strathman questioned why this matter was being heazd when a bond had been posted on April 11, 1997, and permits obtained. Mr. Vote2 referred to the code compliance iaspection report and stated that under item #4, the inspector noted that most of the work that had been done to the building and gazage was substandard and would have to be redone. The building is still in a miisance 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 petmit on Oetober 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; it's a slow process but he dces has b 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 could either try to sell the house the way it was or he could try to repair it, and if he posted a bond, 4 �1�► -�a�l the ciry was pretty lenient if 50% of the work was done within 6 months. Mr. S�athman asked about the complaints received on the property. Mr. Votel stated that they had so many problems with the properry tUat they issued a notice to board all accessible first floor openings to the buIlding. Tt wasn't done and the city had to have the co�ractor go out and put 16 boards on the building to secure it. There hasn't been any real effort to compiete the repairs and the city is concemed because ihe 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 PraPerry• Mr. Nguyen stated that every time an abatement was sent, he took cate of it. Basically all he wants to do is fix up the house and either rehab or sell it. He has the code compliance list and is making suxe that the work he dces meeu code. Quoc Nguyen, previous owner of the house, stated he deeded the groperty w his son, but explained that he still holds the mortgage and has some responsibility in the matter. He is very concemed about the rehabilitation or the sale of the properry to pay the balance of the mortgage. He wants to comply with the city. Mr. Strathman stated concern 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 eJCpires. If this is allowed to continue, they may be in a worse situation in a couple of months. Mr. Nguyen stated there aze 4 more months and 11 days before [he 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, appeared and stated that the time line here seems to be skewed to some extern by the fact that the permit was not pulled untii April il, 1997. The building became vacant on July 30, 1996, and subsequently went into the vacant house status. It is 1us understanding, through contact with the inspectors, that the owner made no move to get the building inspected until the tast possible minute when he would be forced by abatement order to do so. It was only in the face of those orders that the permit was pulled and that the insp�tion was made. That inspection speaks for itself in terms of the quality of the work. The records contain a copy of a petition signed by neighbors signed on August 12, 1996. He aiso presented a new petition signed by 25 individuals surrounding the properry in question urging the city to either insure that rehabilitation go forward promptiy to bring this property up to the city codes and neighborhood stattdards, or that this dangerous and unsighfly structure be removed. The neighbors have had enough. Tf time is going to be granted to rehabilitate, then the most strenuous supervision shoutd be put into place. Beth Randall, Executive D'uector of H-Mark, stated this property has been an issue with repairs according to neighbors since January of 1995. It doesn't appear to be economical2y feasible to renovate. She mentioned that one thing that may not have been suggested as a financial option is selective cleazance. Also selling the building as is rather than putting money into it. Her company woutd be willing 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 are in support of the neighbots to make sure that �ere is a solution in a very timely fasluon. Fxtending the time line isn't going to soive the problem. Quoc Nguyen indicated that if the community wants to buy the properry, he would be happy to sell it. Mr. StratYunan stated that the fact that the bond has bcen posted and legal permits have been pulled, he would not recommend proceeding with demolitioa until the 6 month period had expired. He recomme�ed giving the property otvner until October 21, 1997 to complete the repairs. 3. Resolution ordering the owner to remove or repair the referenced building located at 846 Western Avenue North. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the buiiding. Dave Assitt, attomey representing Bankers Trust Company, mortgage hoider on the properry, appeared and stated tUat they have commenced foreclosure proceedings. The groperty went to sale on March 22, 1997. The are in the process of reducing the redemption period from 6 months to 5 weeks and if successfuI, they would be the owner of the properry about 7uly 31, 1997. They have had limited accessed to the property but they believe the s�ucture may be rehabilitated. He requested that if the building is to be removed, the order be delayed 60 days to aIlow time for their ciient to obtain tifle aad possession. Mr. Sirathman stated 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 buiiding located at 39_+_�'schig n� Ch��t. If the owner fails to comply with the resolutiott, Public Health is ordered to remove the bailding. BiII Manson, property owner, appeared and stated that he purchased the home &om fIUD on April 15, 1997 and he is in the process of rehabilitating the structute. 0 q�-�1? � Chuck Votel, Public Heaith, reviewed the staff report stating that the building has been vacant since May 1996. It went through HUD's foreclosure process and was to Mr. Manson. Previous to that, it has been a problem property for the ciry since 7uly 1996. At this point, Mr. Manson has posted the bond and pulled building permits which aze valid until November 20 ,1 997. Mr. Strathman recommended the property owner be given 180 days to complete the rehabilitation. 5. Resolution ordering the owner to remove or repair the referenced building located at 677 Kent Street. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Faye Madison, Murnane Law Firm, appeazed and stated that they have been retained by Bank of America the mortgage holder to represent them. The mortgage is FHA and they are dealing with HUD on the properry as well. Chuck Votel, Public Health, reviewed the staff report stating that ffie building has been vacant since February 1997 and Bank of America has begun foreclosure proceedings. The property would be transfened 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 currently paid; the estimated cost to repair the building makes it unlikely and not economically feasible to rehabilitate. Ms. Madison stated that they will 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 tiUe work on the property yet but they have received indication that the properry was deeded to Paul 5chwartz by Bahram Ghassemlou. After talking with Mr. Ghassemlou, it is her understanding the he deeded the property back to Paul Schwartz but he doesn't want it back. It was also indicated the Mr. Schwartz and Mr. Ghassemlou would be willing to enter into negotiauons for a deed in lieu of foreclosure which would speed up the process. They have been in touch with Soplue Hallauer from HUD who has ordered an emergency HUD inspection report. Mr. Strathman stated he sympathized with their objective but explained that the city is dealing with a building that has been vacant, declazed 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. 7 6. Resolution ordering the owner to remove or repair the referenced building located at 275 Harrison Avenue. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Brett Larson, Ramsey County Properry Records and Revenue, reported tl�at the properry in question is scheduled for aucrion June 19, 1997. There has been irnerest &om potential buyers and he's fairly certain that it will sell. He meet with the West 7th neighborhood group and they indicated that there is some history behind the house. He requested time to allow the property to be sold at the auction. Chuck Votel, Public Health, reported that the properry is secured. The building was condemned in October 1996. The estimated amount of money needed to pmperty repair the structure makes rehabilitation unlikely and not economically feasibie. Mr. Strathman recommended the matter be laid over to July i, 1997. 7. Resolution ordering the owner to r�ove or repair the referenced bvilding located at 915 Sherburne Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating the building has been vacant since August 1996, and there have been two summary abatement orders issued. The real estate taxes aze paid and vacant building registration fees aze due. A code compliance was done on ApriI i6, I997; the estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Ron Wzderhoft, properry owner, appeared 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 torn down. Mr. Strathman stated that based on the information presented by staff and in viewing the photogtaphs of the building, he would require that a$2,000 bond is posted and permits pulled as an assurance that the building would be rehabilitated within 6 months. Tke perspective buyer indicated tfiat wouid not be a problem. Mr. Strathman recommended giving the property owner 180 days to repair the building on the condition that the vacant building fees are paid, and a$2,000 bond is posted by noon on w�esaay June 11, 1997. 0 �t�-�a� 8. Resolution ordering the owner to remove or regair the referenced building located at 774 Ca�itol Heig�c. If the owner fails to comply with the resoIution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report and stated that the building was condemnetl in October �996. The city had to board the building, regisuation fees and taxes aze paid. On Apri18, 1997 a Code Compliance inspection was done. The bond was posted with the building inspection department on May 12, 1997, and a permit obtained which is valid until November 12, 1997. Public Health wants an order tUat says if the owner dcesn't get the work done, the building is tom down. Mike Davis, grandson of the property owner, Emil Lemke, appeared and stated that he intends to rehabilitate the building. He explained that he was late in posting the bond because he went to the wrong address and by the time he got to the right office it had closed. The following Monday he posted the bond but notice had already been mailed. Mr. Strathman recommended amending the resolution and giving the property owner until November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avenue; Bonnie d. Aughes, appellant. No one appeazed. The appeal was withdrawn; the garage was removed. The meeting adjourned at 11:45 a.m. Gerry Strat�nan, Legislative Heazing Officer �!] � �� F��`''. ' q 7 � � ` ; _ ; i � RESOLUTION "'- �-- CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame dwelling and detached, two vehi�le� �� garage located on property hereinafter referred to as the "Subject Propexty" and commonly lrnown as 903 Fourth Street Bast. This property is legally described as follows, to wit: L,ot 23, Dailey and Berrisford's Subdivision of block 95 of Lyman Dayton's Addition to 5t. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before January 24, 1997, the foliowing are the now known interested or responsible parties for the Subject Property: H.U.D. Properry Disposition, 220 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21st Avenue South, Richfield, MN 55423, Attn: Gene Johnson; WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate Nuisance Building(s}" dated January 22, 199�; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WHBREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by February 21, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and Council File # 9�1_�1a� Green Sheet # 3�rZ`� 3� � WHEREAS, this nuisance condition has not been corrected and Public Health requested that the City Clerk schedule public hearings before the L,egislative Hearing Officer of the City Council , and the Saint Paul City Council; and 9 r1-'� �.1 WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the pub&c hearings; and WHEREAS, a hearing was held before the I.egislarive Hearing Officer of the Saint Paul City Council on Tuesday, March 18, 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, safery 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 aiternarive 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 one hundred and eighry (180) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, March 26, 1997 and the testimony and evidence including the action taken by the I,egislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 903 Fourth Street East: 1. That the Subject Property comprises a nuisance condition as defined in Saint Yaul L.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 Hoixsing 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 piacard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacanUNuisance Buildings Code Enforcement Program. 8. That the laiown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. �7- �a � � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .�. • The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within one hundred and eighty (180} days after the date of the Council Aearing. 2. If the above corrective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the 3aint Paul L.egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L.egisiative Code. BY� �� > Approved by Mayor: Date � � �� —y � `— By: �- `' l.` "� Requested by Department of: �� - Form Approved by City Attorney � By: Approv Mayor for Submission to Coun 1 /��`� By: Adopted by Covncil: Date � Adoption Certified by Council Secretary �wn,of wwcE t f y_ 3�212 �� DEPMTAIENT oATs za9� °lr1-r7 0-`1 GREEN SHEE CONTACT PERSON & PNONE INRIAVDATE INRIAL/DATE O �EPARTMENT DIRE O CRV COUNpL Charles Votel 292 ASSIGN � CITYAl70RNEY � dTV CLERK NU�BERFON MUS38E��CA ;`CIL AfiF_N�A BY (OA7� p��rp O BUDGET DIflECTOF O FIN. $ MGT. SERVECES DIR \\ �it I Public Heaiing � MAVOR (OR ASS15fANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) � ACTION REQUESTED: Amending C.F. 97-318, adopted Mazch 26, 1997, ordering the owner to remove or repair the building at 903 Fourth Street East within 180 days after adoption of resolution. FECAMMENDATIONS: Apprave (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worked under a coMract for this departmerrt? _ CIB CqMMITTEE YES NO — 2. Has this person/firm ever been a city employee? _ STAPF — YES NO _ ois7aiC7 COURi _ 3. Does this person/firm possess a skill not normally possessed by any current city empiqree? SUPPORTS WHICH COUNCIL O&IECTIVE7 YES NO Explain all yes answers on separate sheet antl ettaeh to green sheet INITIATING PROBLEM, ISSUE.OPPFJFTUNITY(Who, What, When, Where, Why): ADVANTAGES IFAPPHOVED' DISA�VANTAGES IFAPPROVED: �{aarx?;io.� . 8°at>Q r '", , `@ �S,s•i 3. ��., 37 � � � �� _._., � DISAOVANTAGES IF NOTAPPROVED� 70TAL AMOUNT OF 7RANSACTION $ COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIIdG SOURCE AC71V1TV NUMSEA FINANCIAL INFORFnATION: (EXPLAIN) OFFICE OF Tf� CITY PegBirk, CityAttorney CITY OF SA1NT PAUL Norm Caleman, Mcryor May 14, 1997 Councilmember Gladys Morton 320-C City Hall Saint Paul, MN 55102 Civi1 Division 4QQ City Hall IS WestKelloggBZvd Saira P¢ul, M+nnesota 55102 �. -� s�, G/✓ Teiephane: 612 266-87I0 Facsimile: 612 298-5619 RECELVED MAY 15 1991 RE: 903 East Fourth Street: Council Resolution #97-318 Dear Councilmember Morton: c�a�n,c�LM��;atR G�ADYSNAOR70N As an assistant city attorney, I seek your support in bringing an amendment to the above- referenced council resolution calling for the rehabilitation or demolition of the building within 180 days on the condition that HUD post a performance bond within two weeks to secure building permits. I haue attached copies of the resolution passed Mazch 26, 1997, as weli as the amended form. As the property is located within your ward, your opinion may be decisive. I represent the city in the cases where aggrieved property owners seek court injunctions to challenge the propriety of such resolutions. In this highly unusual case, HUD (the properry owner) has threatened a federal lawsuit to review the council's action in part because HUD has no authority to post such a rehabilitation performance bond. In other words, the United 5tates Attorney's Office has brought to our attention that the council has conditioned its decision upon the performance of an unlawful act by the federal government. Along with Charles Votel of our health department and IIi 7D, I ask you to bring the amended resolution before the council with your recommendation for adoption. The amendment would eliminate the requirement that HUD post the performance bond in order to market the properiy for rehabilitation. Any future purchaser will aiready take with notice of the council's order of abatement. This j oint request for the amendment is part of a tentative settlement reached with the United States Attorney's Office to avoid costly, and perhaps unsuccessful, litigation over this properiy in federal court. The purpose of such a bond is to secure the rehabilitation permits. HiJD will not— indeed, cannot— undertake any work under permit; it has simply sought tune to sell to property to another who then will be required by our code to post the bond to ensure rehabilitation. �� -�a�1 If you haue any questions about the proposed amendment or the underlying issues in this case, piease do not hesitate to give me a ca1L Otherwise, please haue your staff place the proposed amended resolution on the agenda for consideration by the council. Thank you for your attention to this matter. cc: Shirley Sailors, HL7D Chazles Votel, Saint Paul Public Health Lynn Zentner, United States Attorney's Office Respectfiilly, RPR-25-1997 15�52 " �y2,`��".��. UJ�v'.:- �� ST PRUL PUBLIC HEALTH 612 222 2770 P.14i21 �-'1,'Cy1�Y�e5,. �d -' ,- , .r � � � s �� Q*1- �17 ��I� °�:'' ! '..."?{'' �,y_ Cauaci,? Fiie � I��M " ,v Greea Sheet � ��.�� PAUL, MiNt�tESO'TA Ta 2 3 4 5 6 7 8 9 10 11 12 13 I�{ is is �7 IS 19 2A 27 22 23 2A 25 26 27 28 29 30 31 32 33 3L1 95 36 3� co�ai.tte�: Date W S, Public �Ieatth has requested the Cicy Cauncil ta hold public hearin4gs to oonsider ��y��a '' and neces.ciry ef ardering the repair or wrecking and r�wvat af a twa-story, wood Prame dw 1 g atzd detached, two-vehicie, woa3 £zame garage located on properEY hereinafter refexred to the "Snbject Propesty" and commonly lrnown as 9Q3 Fourtlt 5treet East. This property is lega3ly described as follows wit: . � Ldt 23, Dailey and $errisfoFd's Subdivision of biacic 95 of �.y�an Daytfln's Adriition to Sc. Paa] WFlEREAS, based upon the records ia the Ramsey Coetnty Ttecozder's Office and zn�'ormation obtaiaed by Publie T�eaith an ar befare Ianuary 24, 1997, Ehe £ottowiu�g ate t]ae now k�vwn interested ox responsible parties #"or the S�bJea Praper#.y_ I�.U.I}. I?7roperty Disposit�pn, 220 Secand Stm.�t Sauth, Minneapolis, MN 5544)1; Phem Expres.s inc•, �6�31 21st Aveme South, F.ichfield, MN 55�23, Attu: Gene 7cshnson; Midiand A�ortgage �, 3232 �Nast �aa, O�lakwma City, OT� 73I07, Attn: Karin T]erby, Losn# 8902432883 , p��p,g public Hea13h 7�.c �rve& in accozc3ance witkt the pravisions of Chaptex 45 of rbe Saint Faixl Legislative Code an order identifled as azz "Order to Abate ATuisanCe BuildingCs)" dat�d 3aus�rry 22, i997; and WFiER8p.5, this cuder in£aanecl the then knawn iaterested or responsibte pazties that che stnfcnsre lacated on che Snbject Praperey is a�isance buiIding(s} Pn'zsaant ta Chapter 45; and 't�'HEREAS, tlnis oider int'oimed the znterested ar tespansible gazt�es t�at theY must repair or dem4Yish the strucmre Iocated on t�te Sabject ProPerty by Febzttary 21, 1997; and WFF�LEAS, the en€ore�ment d�cer has gosted a placard on the 3ubject Property de�laring this huiiding{S) to consdtute a^ conr3itwn; subjeci m dcmoi'vion; az� 'Pf1�EREAS, th�s riui.sanCe CD�ditiDn has not Iseen correCted and Pubiic H�lttx Xeq,nesEed ihaE tiae Ciry Clerk schedaie public heariwgs before the Le�islative Fieaziz�g Of�'icer of the City Counci! and tT�e Saint 7?aul Caty Cauncii; and �VI3EREAS, tt�e interested and 1Cesponsible pasties have been sarved notice in acct�rdance witi� il� pmvisions of Cl�aptet +�5 of t� S$irn Paul Legisiarive Code, of the 'time, daxe, piace ansi putpose af the public hearings; and pPR-25-1997 15�53 ST PFIUL PUBLIC HERLTH 612 222 27'7� P.15i21 : Q� � � �'� �� l� 1 �VE�REAS, a heariuy was beld before the 7.egislative Hearing 4f�cer a£ We Saint T'aul Ciry 2 Councif on Tuesday, March 18, i997 to hear testun.ony and evideace, a� after receiving teStzmanY 3 aad eviG�zux, made tt� recommendation to agprove che request to order rhe intereste3 or iesponsibie 4 parties to naake the Subject Pcopert}' safe at�d not detrimenfal to the public peace, heaith, safary and 5 melfare a� remnve it� blighiettg ueflaet�ce a� Ehe communitv by reLahii"staung this stxucture in 6 accordance with aIl applicabla eodes and ordi�iees> o� in the slceruative hy demol;.�.h;� and 7 �mov+n$ ttie str�ehue in accardance with all. a�lieable eodes ansi ordinaz�ces. The [eha6iliratiaa Ox 8 siemolrtion of t�he snucture to k�e comgFeted withi v-�teetr(�3�j'da &f[�' �� o �� 9 HEarinp,; and c�.. h�r-d. �_�� 10 lI I2 13 ].4 15 lfi d7 18 I9 2�? zr 22 23 24 as 26 27 2$ 29 34 31 32 33 34 35 36 37 38 39 40 41 42 43 fi�4 45 46 iX�IiEREA.S, a hearing vras held before the Saint Paul City CouzicIl rm WednesdaY, March 2b, 1997 and the tesdmony aud evidence includ"mg tl'�e actien Falcen by the ��egislative S�earing Of�icer was eonsidered by tile Councii; now tt�erefote BE TT RESOF:.�ED, t}xat based upo�t the testimomY and evidenee gzesented at tkte above referenced pulalic heazings, the Saint �'aul City Councl hereby adopts the £ailowing Pindings �nd Order conceming che Subjeec Property at 9a3 Fourth Sireet Easc: 2. I%� 3. C� � 7. 'That the Snbjeet Prnperty eomprises a miisanoe eondition as defined in Saiai Pavl LegislRtivB Code, Cilapter 4S. That the Ct�sts af dem�lxiion �nd re�ztflval of this buiIding{s} is estunaEet3 to ezceed thr�e theusand dnIIazs ($3 '�'t,at there 3now exists a�.d has existed mialaple 73ousi.ng ar SuildinS code violacions ac the 5ubject �'mperty. That an Oxder to Abate Nuisanee Baz�ding(s) was sent to the flzen �wn resprsnsii�le partigs Ep corr�et the deficiencies or to demolislx and rernove the building(s)- That the def'xciencies caus�ng tlus nuisaflce coz�dition Isave nat heen eoxrecced. '�hat Ptsblic Fiealth l�as posted a placard on the S�bject Pcogexty which deckares it to he a�tuisance condition su6,�e�t m demalition. That this bailding bas been routinely monitored �y the VacandNuisanr.e B�sildiz�$s Code Ezzforcemeat Pxagram. 8. That the kAZOwn inierested patties aad owners are as previctuslp stated � this resofutir�n and that the notificatian requirements of �1�apter 45 have 6een fulfilled• 4F,DE12 The SainE P�ul City Cau�zcil hereby makes the foIlowing order: aPR-25-1997 15�53 ST PRUL PUBLIC HERLTH 2 3 4 5 6 7 p n O J ifl 31 ix 13 14 IS 16 I7 zs I9 2,0 21 22 612 222 2770 P.16i21 a�.�s� ��r 1_ The abave �'erenced intexested 6r respoASible paxties shalI matfe ttce Svhject Pmpercy safe anct not den�in�eatal to the public peac:e, heelth, safety and ivelfare and remove its b znf[uence on the cvmmanity by rehabilitating this smtoture znd cor�cting alI de�tciencies as prescn'bed i�z the abaye refereaced Order io Abate Nuisance Buildixyg(s) in accurda�e with alt agp�cab�e cades and ordi�sances, or in the altern2tive by demofishing 2nd rezrwving the stcucn3re in acwrdance wirh ali applicabla codes and or�inances- '�tre rehabiliration ot deuwliizon a� zemaval of the st�ucture must be co�pletsd witbin `'��day5 1f[et Ihe dBYE 4P Ct2C CO11I1"1� H � y � g �� V efn� F+�� C1 h Ci S'p _--q/ { •�.c�r i.SnG ba.•,,� i aa .- 0� - ��t1 '�-�t CAY+d. �" W'i1.iN '�+-�� W tafV� 4tt�v - ;'r� i' ca 9�C- i-�.�, �^ •r nN 2. If the aiseve aorrechve action is nat comp ee�wishin this peri o� e�`ft �e Pu c ea , Code Ez3forcement Yrograsn is Ftereby authorized to take whatever steps are necessary to demo�isla artt� xemqve this scructuie, filt �e site a� ai�acge the eosu incurced against ti�e Subject Property puisuant to il�e provisions of Clsapter 45 0� the Saint Pavt Legislative Code. 3. In the eveut the buildiz�g ss to �e demolished and remaved hy che Ciry of Saizu Paul, all gersonat propercy or �.xtuces of any kind which inter€ere with tYre damolitzar� and removal shal] he re�naoveii frotn rhe progerty by �the responsibte parties by ahe end o� this time period. If ali persanal prop�xcy is smt removed, it shait be consedered to be abazulo�d and the Ciry nf Sa9nit k'a� shal( rettzave and dispose oT such property as provided by law_ 4. It is further ordered, that a capy of ch�s res�alution be mailed ta the ov�n,ers and 'utterested parties in accordanca with Chagter 45 of the Saint Pa�] I..�gislative Code. Requested by Departrnexzt cf: AdopCed by Co�cil : Data ��.a.r.an c `Z`'�T� Rdapcian Certified 7�y counci3 Searetary �� - j Approved by Mayor: nate -_ `'Kf 7 By ' �� f . �• lL�f � Form pro "ty Attotn�y f � Eyz �oved by Mayor for Stilamissicn to Council ci�' "� By: - R`l-7a� MINUTES OF LEGISLATIVE HEARING June 3, 1997 Room 330, City Hall Gerry Strathman, Legislative Heating Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Roxanna Flink, Reai Estate. Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (Iaid over from May 6, 1997 Legislative Hearing): 2106 Marshall Ave. (J9705AA) 473 Cretin Ave. S. (J9705AA) 1857 E. Cottage Ave. (J9705AA) 2176 Stillwater Ave. (J9705AA) 695 5t. 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 3une 17, 1997 2176 Stillwater Avenue (J9705AA) reduce assessment to $37.50 1$57 E. Cottage Avenue Guy Willits, Public Health, showed a video of the properry and reviewed the staff report. Orders were maIIed on January 30, 1997, to remove snow from the waik. A recheck was done on February 3, 1997; and the city did the work on February 5, 1997. Mary Kelly, properry owner, appeazed and stated that she was having back problems and could not shovel her sidewalk. During that time is when they had the ice storm and she tried chopping the ice but she didn't have the strength. Mr. Suathman stated it is the properry owner's responsibility to shovel the waik or make arrangements to have it done. The video cleazly shows the work was done by ciry crews and recommended approving the assessment. 47 Cretin Avenue . No one appeazed; recommended approving the assessment. i110 Forast Guy Willits, Public I�eaith, showed a video of the proper[y 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 @one on November 8, 1996, the properly was not cleaned up, and the work was done by the city on November 19, 1996. Chadoua and Youa Vue, property owners, appeared. Mr. Vue stated that they bought the property on September 16, 1996. The previous owner lived on the property until October 5, 1996. When she moved out, she told them she would clean everything including the basement and the garage. She unlocked the garage so that it would be easy for her people to move things out. They waited for her to come back an@ in the meantime, they put some of her thiags in ihe back yard so they could clean building for people moving in. Everything that was taken from the back yazd and garage 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 properry, there was no phone listing, and the garage was not secured. -. Mr. Vue stated that the only order he saw was the one dated December 24, 1996. Mr. Strathman stated that the order mailed October 31, 1996, was sent to the previous owner because she was listed on the tax records as the official owner. The previous owner had a legal obligation to inform the new owners that ttris order was outstanding. The ciry is required under the law to send notice to the property owner as recorded at the Ramsey county property taxation. The city followed the proper tegal procedures, the vi@eo clearly shows the work was done by the city, and recommended approval of the assessment. 122 Manitoba Avenue No one appeazed. This assessment was ratified on May 9, 1997 and was not part of the laid over assessments for today's heazing. It was re�iscussed and no action was taken. 2106 Marshall Avenue Laid over to June 17, 1997 458 Maryland Avenue No one appeazed. This assessment was ratified on May 14, 1997 and was not part of the laid over assessments for today's hearing. It was re-discussed and no action was taken. 2 °1� - �a�1 1303 Randolph Avenue No one appeazed. This assessment was ratified on May 14, 1997 and was not part of the laid over assessmenLs for today's hearing. It was re-discussed and no action was taken. 695 St. Anthonv Avenue Guy Willits, Pubiic Health, showed a video of the property and reviewed the staff report. The ozder was mailed December 20, 1996, to remove snow and ice from the walk. The property was rechecked on 3anuary 15, 1997; the city did the work on 3anuary lb, 1997. Mike Peters, property owner, appeared and stated that in eariy January when he received the notice from the city, he took caze of the problem. He received no fiukher warnings. At that time, it stormed back-to-back and the snow was biowing all week. Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20, 1996 and 3anuary 7, 1997. City ordinance requires that snow be removed within 24 hours after a snow fail. In viewing the video, it is clear that the snow had been on the sidewalk for more than 2�1 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 January 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 properry and reviewed the staff report. Orders were mailed an 3anuary 21, 1997 and again January 24 to remove snow. The property was rechecked on January 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 notice that the work order had been issued. He called the inspector at 9:00 a.m., 1Q:00 a.m., and paged him at 11:30 a.m., and he never retumed lus call. The Wednesday prior to that, he went out to clear the walk and couldn't chisel through the ice. By Friday it had warmed and he spent 3 hours clearing the sidewalk. 3 All the city did was probably plow another inch, dug up his lawn and put dirt and sand over what he had atready shoveled. Mr. Strathman stated that in viewing the video, it appeazs an attempt was made to clean it up the snow although it wasn't quite adequate. He recommended reducing the assessmern from $132.50 to $37.50. 251 Wavzata Street No one appeared. This assessment was ratified on April 9, 1997 and was not part of the laid over assessments for today's hearing. It was re�iscussed and no action was taken. Mr. Strathman noted that a letter was received 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 Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating that the buiiding was condemned in 7uly 1996, 5 summary abatement notices were issued to remove various nuisance law violations. After an inspecdon In March 1997, the building was declared a miisance. A code compliance inspection was obtained on May 28, 1997, and the estimated amount of money needed to repair the structure makes it unlikely and not economically feasible to rehabilitate. He atso noted a letter was received from communiry members in support of condemnation. Mr. Strathman questioned why this matter was being heazd when a bond had been posted on April 11, 1997, and permits obtained. Mr. Vote2 referred to the code compliance iaspection report and stated that under item #4, the inspector noted that most of the work that had been done to the building and gazage was substandard and would have to be redone. The building is still in a miisance 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 petmit on Oetober 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; it's a slow process but he dces has b 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 could either try to sell the house the way it was or he could try to repair it, and if he posted a bond, 4 �1�► -�a�l the ciry was pretty lenient if 50% of the work was done within 6 months. Mr. S�athman asked about the complaints received on the property. Mr. Votel stated that they had so many problems with the properry tUat they issued a notice to board all accessible first floor openings to the buIlding. Tt wasn't done and the city had to have the co�ractor go out and put 16 boards on the building to secure it. There hasn't been any real effort to compiete the repairs and the city is concemed because ihe 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 PraPerry• Mr. Nguyen stated that every time an abatement was sent, he took cate of it. Basically all he wants to do is fix up the house and either rehab or sell it. He has the code compliance list and is making suxe that the work he dces meeu code. Quoc Nguyen, previous owner of the house, stated he deeded the groperty w his son, but explained that he still holds the mortgage and has some responsibility in the matter. He is very concemed about the rehabilitation or the sale of the properry to pay the balance of the mortgage. He wants to comply with the city. Mr. Strathman stated concern 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 eJCpires. If this is allowed to continue, they may be in a worse situation in a couple of months. Mr. Nguyen stated there aze 4 more months and 11 days before [he 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, appeared and stated that the time line here seems to be skewed to some extern by the fact that the permit was not pulled untii April il, 1997. The building became vacant on July 30, 1996, and subsequently went into the vacant house status. It is 1us understanding, through contact with the inspectors, that the owner made no move to get the building inspected until the tast possible minute when he would be forced by abatement order to do so. It was only in the face of those orders that the permit was pulled and that the insp�tion was made. That inspection speaks for itself in terms of the quality of the work. The records contain a copy of a petition signed by neighbors signed on August 12, 1996. He aiso presented a new petition signed by 25 individuals surrounding the properry in question urging the city to either insure that rehabilitation go forward promptiy to bring this property up to the city codes and neighborhood stattdards, or that this dangerous and unsighfly structure be removed. The neighbors have had enough. Tf time is going to be granted to rehabilitate, then the most strenuous supervision shoutd be put into place. Beth Randall, Executive D'uector of H-Mark, stated this property has been an issue with repairs according to neighbors since January of 1995. It doesn't appear to be economical2y feasible to renovate. She mentioned that one thing that may not have been suggested as a financial option is selective cleazance. Also selling the building as is rather than putting money into it. Her company woutd be willing 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 are in support of the neighbots to make sure that �ere is a solution in a very timely fasluon. Fxtending the time line isn't going to soive the problem. Quoc Nguyen indicated that if the community wants to buy the properry, he would be happy to sell it. Mr. StratYunan stated that the fact that the bond has bcen posted and legal permits have been pulled, he would not recommend proceeding with demolitioa until the 6 month period had expired. He recomme�ed giving the property otvner until October 21, 1997 to complete the repairs. 3. Resolution ordering the owner to remove or repair the referenced building located at 846 Western Avenue North. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the buiiding. Dave Assitt, attomey representing Bankers Trust Company, mortgage hoider on the properry, appeared and stated tUat they have commenced foreclosure proceedings. The groperty went to sale on March 22, 1997. The are in the process of reducing the redemption period from 6 months to 5 weeks and if successfuI, they would be the owner of the properry about 7uly 31, 1997. They have had limited accessed to the property but they believe the s�ucture may be rehabilitated. He requested that if the building is to be removed, the order be delayed 60 days to aIlow time for their ciient to obtain tifle aad possession. Mr. Sirathman stated 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 buiiding located at 39_+_�'schig n� Ch��t. If the owner fails to comply with the resolutiott, Public Health is ordered to remove the bailding. BiII Manson, property owner, appeared and stated that he purchased the home &om fIUD on April 15, 1997 and he is in the process of rehabilitating the structute. 0 q�-�1? � Chuck Votel, Public Heaith, reviewed the staff report stating that the building has been vacant since May 1996. It went through HUD's foreclosure process and was to Mr. Manson. Previous to that, it has been a problem property for the ciry since 7uly 1996. At this point, Mr. Manson has posted the bond and pulled building permits which aze valid until November 20 ,1 997. Mr. Strathman recommended the property owner be given 180 days to complete the rehabilitation. 5. Resolution ordering the owner to remove or repair the referenced building located at 677 Kent Street. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Faye Madison, Murnane Law Firm, appeazed and stated that they have been retained by Bank of America the mortgage holder to represent them. The mortgage is FHA and they are dealing with HUD on the properry as well. Chuck Votel, Public Health, reviewed the staff report stating that ffie building has been vacant since February 1997 and Bank of America has begun foreclosure proceedings. The property would be transfened 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 currently paid; the estimated cost to repair the building makes it unlikely and not economically feasible to rehabilitate. Ms. Madison stated that they will 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 tiUe work on the property yet but they have received indication that the properry was deeded to Paul 5chwartz by Bahram Ghassemlou. After talking with Mr. Ghassemlou, it is her understanding the he deeded the property back to Paul Schwartz but he doesn't want it back. It was also indicated the Mr. Schwartz and Mr. Ghassemlou would be willing to enter into negotiauons for a deed in lieu of foreclosure which would speed up the process. They have been in touch with Soplue Hallauer from HUD who has ordered an emergency HUD inspection report. Mr. Strathman stated he sympathized with their objective but explained that the city is dealing with a building that has been vacant, declazed 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. 7 6. Resolution ordering the owner to remove or repair the referenced building located at 275 Harrison Avenue. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Brett Larson, Ramsey County Properry Records and Revenue, reported tl�at the properry in question is scheduled for aucrion June 19, 1997. There has been irnerest &om potential buyers and he's fairly certain that it will sell. He meet with the West 7th neighborhood group and they indicated that there is some history behind the house. He requested time to allow the property to be sold at the auction. Chuck Votel, Public Health, reported that the properry is secured. The building was condemned in October 1996. The estimated amount of money needed to pmperty repair the structure makes rehabilitation unlikely and not economically feasibie. Mr. Strathman recommended the matter be laid over to July i, 1997. 7. Resolution ordering the owner to r�ove or repair the referenced bvilding located at 915 Sherburne Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report stating the building has been vacant since August 1996, and there have been two summary abatement orders issued. The real estate taxes aze paid and vacant building registration fees aze due. A code compliance was done on ApriI i6, I997; the estimated amount of money needed to properly repair the structure makes rehabilitation unlikely and not economically feasible. Ron Wzderhoft, properry owner, appeared 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 torn down. Mr. Strathman stated that based on the information presented by staff and in viewing the photogtaphs of the building, he would require that a$2,000 bond is posted and permits pulled as an assurance that the building would be rehabilitated within 6 months. Tke perspective buyer indicated tfiat wouid not be a problem. Mr. Strathman recommended giving the property owner 180 days to repair the building on the condition that the vacant building fees are paid, and a$2,000 bond is posted by noon on w�esaay June 11, 1997. 0 �t�-�a� 8. Resolution ordering the owner to remove or regair the referenced building located at 774 Ca�itol Heig�c. If the owner fails to comply with the resoIution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report and stated that the building was condemnetl in October �996. The city had to board the building, regisuation fees and taxes aze paid. On Apri18, 1997 a Code Compliance inspection was done. The bond was posted with the building inspection department on May 12, 1997, and a permit obtained which is valid until November 12, 1997. Public Health wants an order tUat says if the owner dcesn't get the work done, the building is tom down. Mike Davis, grandson of the property owner, Emil Lemke, appeared and stated that he intends to rehabilitate the building. He explained that he was late in posting the bond because he went to the wrong address and by the time he got to the right office it had closed. The following Monday he posted the bond but notice had already been mailed. Mr. Strathman recommended amending the resolution and giving the property owner until November 12, 1997. 9. Summary abatement appeal for 1176 Portland Avenue; Bonnie d. Aughes, appellant. No one appeazed. The appeal was withdrawn; the garage was removed. The meeting adjourned at 11:45 a.m. Gerry Strat�nan, Legislative Heazing Officer �!]