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97-880COURT OF APPEALS NUMBER CO-97-1383 ( ".-,p f '';� � : ; ',�`° I ° ' 't : �' � F d. . i <. . �_ Presented By ReferTed To �vJ RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # Green Sheet # 5 8' �l`1— 8Yo ��`�� WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair ar wrecking and removal of a two-story, wood frame dwelling and detached, oversized, one-vehicle, wood frame garage located on property hereinafter refened to as the "Subject Properry" and commonly known as 659 Edmund Avenue. This properiy is legally described as follows, to wit: Lot 21, Chute Brothers' Division No. 3, an Addition to the Ciry of Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Healffi on or before April 29, 1997 , the following are the now known interested or responsible parties for the Sub}ect Properry: Johnnie & Kelley Brown, 760Q Bristol Village Dr. #102, Bloomington, MN 55438; Fleet Mortgage, 1120Q West Pazkland Avenue, Dept.663, Milwaukee, WI 53224, Loan# 8254302; Fleet Mortgage Group, 324 West Evans Street, Florence, SC 29501, L,oan# 8254302. WHEREAS, Pub19c 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 April 24, 1997; and WHEREAS, this order informed the then l�own interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Progerty by May 27, 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 WHEREA5, this nuisance condition has not been corrected and Public Health requested that ihe Ciry Clerk schedule public hearings before the I,egislative Hearing O�cer of the Ciry Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and r COURT OF APPEALS � �� .- �� NiJMBER CO-47-1383 iearing was held before the Legislative Hearing O�cer of the Saint Paul Ciry 2 Council on Tuesday, July 1, 1997 to hear testimony and evidence, and after receiving testimony and 3 evidence made the recommendation to approve the request to arder the interested or responsible 4 parties to make the Subject Property safe and not detrimental to the public peace, health, safety and 5 welfare and remove its blighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternarive by demolishing and 7 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 8 demolition of the structure to be completed within fifteen (15) days after the date of the Council 9 Heariug; and WI�REAS, a hearing was held before ffie Saint Paul City Council on Wednesday, July 9, 1997 and the testimony and evidence including the action taken by the L.egislative Hearing Officer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testimony and evidence presented at the above referenced public hearinas, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 659 Edmund Avenue: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul 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 Aousing or Building code violations at the SubjecY Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property wluch declares it to be a nuisance condition subject to demolition. 7. That ttus building has been routinely monitored by the Vacant/Nuisance Buildings Code Enforcement Program. 8. That the l�own interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject 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 correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 2 3 4 6 7 8 9 10 11 12 13 COURT OF APPEALS � NCJMBER CO-97-1383 �� -- � �� 2. If the above corrective action is not completed within this period of time the Public Health, Code Bnforcement 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 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislarive Code. 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 properiy by the responsible parties by the end of this time period. If all personal properiy is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L,egislative Code. Requested by Department of: By: Approved by� By: { Date � ��✓ �� By: �� Form Approved by C'ty Attorney By: 8pproved by yor for Submission to Counci� � By: � Adopted by Council: Date Adoption Certified by Counci S etary COURT OF APPEALS /� NUMBER CO-97-1383 U �r} _ � � DEPARTMENTfOFFICEJCOONI.'IL - ' - - - - - - - - DATE INITIATE� NQ 19115 �� Health 06-06-97 GREEN SHEET CANTACTPERSON & PHONE INRIAVDATE INITIAVDATE Charles VOt2l 298-4153 DEPAflTMENTDIRE CffYCAUNCIL ASSIGN CI7YATTORNEV S / CT'CLEqK NUNBERFOF ° MUST BE ON GOUNGIL AGENDA eY (DATE) AOMNG �OGET DIRECTOR O FIN. S MGT. SERVICES OIR. July 9, 1997 OPDEP �MAYOR(OFASSISTANT) O �d TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) -�� ACTION REQUESTEO: � City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s1. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 659 Edmund Avenue. RECOMMENOqTtONS; npprove (p) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWEFi TXE FOLLOWING �UESTIONS: _ PLPNNING COMMISSI�N _ CIYI� SERYICE CAMMISSI�N �� Has this perso�rm e�er worked under a coMract for this tlepartment? _ CIB COMMITTEE , VES NO _ SrAFF Z. Has this person�rm ever been a cily employee? — YES NO _ DISTFIC7 CoURi _ 3. Does this personRirm possess a skill not normally possessed by any current City employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answars on separate sheei and ettach to green sheet MRIATING PRO LE�y1 IS {lE, OP O TUNIiY (Who, lM1Tat. lMien, Wh Np� ): Thxs uil ing s� is a nuisance �ui�ding(s) as de£ined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Offioer were given an order to repair or remove the building at 659 Edmund Avenue by May 27, 1997, and have failed to comply with those orders. �� r� 199 ''�`�,-m ��' � ADVANTAGESIFAPPpOVED. � � �Q�7 The City will eliminate a nuisance. � . v; � ��R = ��z�� f��Y `�� u� 1 s �;�� __ — �� DISADVANTAGES fF APPROVED. The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. DISADVANTAGES IF NOTAPPROVEO: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTALAMOUNTOPTRANSACTION $ $��000 - $8,000 COSLREVENUEBUDGETED(CIRCLEONE) YES NO Nuisance Housing Abatement '33261 FUNDING SOURCE ACTIVI7Y NUMBER FINANCIAI.INFOPMATION: (EXPLAIN) CITY OF SAINT PAUL Norm Colerttart, Mayor CITIZEN SERVICE OFFICE q� -�� Fred Ownsu, CFiy Qerk 17DCityHaR TeL: 67�266-8989 ISW.%11aggBaulevard Fm:: 6Z2266-8689 SaintPou{Minnesota SSIO2 Web: http✓/www.s7pauLgav TDD: 266-8509 HAND DELIVERED August 25, 1997 �2��E4�IF[� Office of the Cierk of the Appeliate Courts 305 Minnesota Judicial Center St. Paul, Minnesota .�• 11'�, �;MTY CLERK Re: 659 Edmund Avenue Appeilate Court File: CO-97-1383 Dear Sir: Enclosed herewith please find an index and original copies of the Saint Paul City Council's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attorney's for Relator and Respondent, together with affidavits of service by Mail. Sincerely, V/LC�o'2 GP� �v�""Q°rA`�i Frances Swanson Deputy City Clerk cc: Peg Birk - City Attorney (index only) John G. Westrick - Attorney (index oniy) �`CEi1�E'L� STATE OF MINNESOTA COUNTY OF RAMSEY ss. b,PR � � �998 w � . �.��_�ti �5 Frances Swanson, Deputy City Clerk, being first duly sworn, says that on August 25, 1997 she served the attached: Index to the Saint Paul City Council File No. 97-880 deposes and ugon the following attorney(s), individual(s) or corporation(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Pau1, Minnesota. Peg Birk City Attorney Attorney for Respondent City of Saint Paul 400 City Hall 15 W. Kellog Saint Paul, MN. 55102 Saint Paul, Minnesota 55101 John G. Westrick Attorney for Relator Westrick & McDowall-Nix P.L.L.P. Attorneys at Law 400 Minnesota Building 46 East Fourth Street �GZ�C.Q,� Qoi.00y� Subscribed and sworn to before me this Z 5+h day of��1�� , 19 y� 1 �.11 t__t f �asoaafi � w��Fr Mor�Rr Pwix-rurt�wri. ' e,t�ser catrNtr Mr camiti�. 6aW.n ren. s�, xaoo COURT OF APPEALS NIJMBER CO-97-1383 J� SAINT PAUL PUBUC HEALTH Neal Holmn, MD., MP.X., Director CITY OF SAINT PAUL NUISANCE BUILDINGS CODE Norm Coleman, Mayor ENFORCEMF.'M' SSS Cedtv Street Saint Paub MN SS7D1-2260 i June 6, 1997 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council �� ,_;nx.�€ � �a'!t!S �,��.: e.. a. Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 659 Edmund Avenue The City Council has scheduled the date of these heazings as follows: Legislative Hearing - Tuesday, July 1, 1947 City Council Hearing - Wednesday, July 9, 1997 The owners and responsible parties of record are: Name and Last Known Address Johnnie & Kelley Brown 7600 Bristol Village Dr. #102 Bloomington, NIN 55438 Interest Fee Owner Fleet Mortgage 11200 West Pazkland Avenue, Dept.663 Milwaukee, WI 53224 Loan# 8254302 Fleet Mortgage Group 324 West Evans Street Florence, SC 29501 Loan# 8254302 Mortgagee Mortgagee �t�l -�� 612-298-0153 �;�sv �. � i�� COURT OF APPEALS rIiJMBER CO-97-1383 659 Edmund Avenue June 6, 1997 Page 2 The legal description of this property is: Q �� Lot 21, Chute Brothers' Division No. 3 an Addition to the City of Saint Paul. Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by carrecting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this properry. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. cerely� a , `y � �1 Reneta Weiss Program Sapervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mi cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Mazshall Dan Pahl, PED-Housing Division 01-93 r SUNIl�2A,RY FOR PUBLIC HEARING � COURT OF APpEAI,g � 659 Edmund Avenue NUMBER CO-97-1383 Legislative Hearing - Tuesday, July 1, 1997 City Council - Wednesday, July 9, 1947 The building is a two-story, wood frame dwelling with a detached, oversized, one-vehicie, wood frame gazage on a lot of 4,960 square feet. According to our files, the dwelling was condemned in 3anuary 1997 and it has been vacant since Pebruary 1997. The current property owners are Johnnie & Kellev Brown per Ramsey County Property Records and Revenue. The ;nrPnd to rehabilitate the dwelling There have heen six (6} SUMMARY ABATEMENT NOTICBS issued to: remove refuse from the yazd, cut grass and weeds and immediately secure the dwelling. There has been one VEHICLE ABATEMENT issued. On April 17, 1997 an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A NT3ISANCE BIIILDING was issued on April 24, 1997 with a compliance date of May 27, 1947. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant Building registration fees are due and owing since February 1997. Real Estate taxes are paid. On May 6, 1997 a Code Compliance Inspection was done. (attached) As of July 1, 1997 the $2,000.00 Bond has not been posted with the Building Inspection Department. Code Enforcement Inspectors estimate the cost to repair this structure is $35,400. The estimated cost to Demolish is $7,390. The Public Health Resolution submitted for consideration orders ffie properry owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes Public Health to demolish and assess the costs to the properry. COURT OF APPEAL5 NLJMBER CO-97-1383 CITY OF SAINT PAUL Norm Coleman, Mayor 1vlay 7, 1997 Johnnie & Kelly Brown 7600 Bristol Village Drive #102 Bloomington, MN 55438 Re: 659 Edmund Aear Properry Owner: O OFFICE OF LICENSE, INSPECTiONS AND ENVIRONMENTAL PROTECriON Robert Kessler, Direclor IAWRY PROFFSSIONAL BUILDINC'i Suite 300 350 St. Peier Snes7 SaintPouf,�nnesata 55102-I510 Tekphone: 671-166-9090 Facsimile: 611-266-9099 612-26d-9l21 Pursuant to your request 659 Edmund was inspected May 6, 1997 and the following report is submitted: BUILDING: 1. Insure complete floor in ceilaz. NOTE: Cellar full of debris and could not be properly inspected. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1 i. 12. 13. 14. Repair hatchway ogening. Repair or replace walls and ceilings as necessary throughout. Repiace all walls, ceilings, floors, floor covering, trim, etc. that are iil-constructed and construct all in a workman like manner and complete. Replace wall that has been removed between First Floor front porch and living room or ail must be constructed to code. Replace deteriorated floor below tile First Floor bath. Replace or provide new floor covering throughout as it is open, badly soiled and ill- fitting or missing. Repair hatchway to celiaz. Repair or replace deteriorated or missing trim, soffit, facia, frieze board, etc. Replace deteriorated rim joist as necessary. Replace broken or missing siding. Tuck point foundation. Tuck point chimney. Replace deteriorated ill constructed rear step landing to be structurally sound, uniform, etc. 15. Replace damaged roof covering. 16. Repair fencing or remove all. 17. Provide complete repair of gazage (siding, roof covering, doors, trim, etc.). � May 7, 1997 Page 2 ` Code Compliance Inspection Report RE: 659 Edmund COURT OF APPEALS NUMBER CO-97-1383 �i3ILDING: (continued) 18. Provide hand and guard raiis all stairways and steps as per attactunent. 19. Provide thumb type dead bolts for ail entry doors. 20. Repair or replace any deteriorated or missing window sash, broken glass, sash holders, etc. as necessary. 21. Provide storms and screens complete and in good repair for all door and window openings. 22. Prepaze and paint interior and e�erior as necessary (take the necessary precautions if lead�base paintis present}. 23. Provide general clean-up of premise. 24. Provide smoke detectors as per UBC. �LECTRICAL: a ement 1. Install jumper azound water meter. 2. Install connectors on romex at service. 3. Install 15 AMP breakers on #14 wire. 4. Replace damaged romex and strap romex to code. First Floor 1. Move bedroom light box down flush with ceiling. 2. Ground bathroom light. 3. Repair G.F.C.I. outlet. Gara�e�I,ockedl 1. Remove or re-wire all improper wiring. 2. Re-wire feed to code or remove. General 1. 2. 3. 4. 5. 6. Install outlets and lights per Bulletin 80-1. Ground a113-wire outlets. Coaect reverse polarities at outlets. Repair ali non-working electrical devices. Replace all broken or missing electrical devices. Install smoke detectors per U.B.C. PLUMBING: 1. �'irst Floor - lav, kitchen sink and laundry tubs are not vented (duct tape on plastic pipe, etc.). Install all piumbing and gas piping as per code. HEATING: 1. Clean, ORSAT test and check all safety controls. 2. Test heat exchanger. 3. Install combustion air. i h . May 7, 1497 Page 3 _ • Code Compliance Inspection Report RE: 659 Edmund HEATING: (continued) 4. Clean combustibles from around fumace. 5. Provide heat Second Floor. COURT OF APPEALS N[7MBER CO-97-1383 ZONiNG: This property was inspected as being a single family residence. NOTES: 1. See attachment for permit requirements. 2. This property is designated by the Heath Department as a Category #3 which requires a$2,000 Performance Bond or Deposit at the time the permit is issued. Sincerely, �� „� �,,, Donald F. Wagner Building Inspector DFW:aw attachment � COURT OF APPEALS NUMBER CQ-97-1383 � MINIJTES OF LEGISLATNE HEARING July 1, 1997 Room 336, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, PubHc Health Gerry Strathman called the meeting to order at 10:02 am. 2. 3. �� -�Sa Summary abatement appeal for 900 Carroll Avenue; Amedia LaFond, appellant. l�io one appeazed; Gerry Strathman recommended denial of the appeal. Summary abatement appeal for 694 Jenks Avenue; Laura Emerson, appellant. No one appeazed; Gerry Suathman recommended denial of the appeal. Vehicle abatement appeal for 656 Short Street; Taza Fohrenkamm, appeilant. No one appeazed; Gerry Strathman recommended denial of the appeal. 4. Resolution ordering the owner to remove or repair the referenced building, located at $ Litchfield Street. If the owner fails to comply with the resolution, Public HealYh is ordered to remove the building. (Rescheduled from 7une 25 Legislative Hearing to July i Legislative Hearing per City Council). Chuck Votel presented photos and reported the properry is in the process of mortgage foreclosure, it will take $20,000 to repair it, and it was condemned in January of 1497. This property was previously laid over by Councilmember Collins. No one appeazed; Legislative Hearing pfficer recommended approval of the Public Health order. 5. Resolution ordering the owner to remove or repair the referenced building, located at 1�47 Vir�inia Street. ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Rescheduled from June 25 Legislative Hearing to July 1 Legislative Hearing per City Council). Margaret and Norman 3ones appeazed and stated they live next door to tlris property and it is not being maintained. Chuck Votel presented photos and reported his office has not been able to contact the owner, fees aze unpaid, and property repair could be up to $60,000. It would cost $5,000 to $6,000 to demolish it. � � � COURT OF APPEALS NiJMBER CO-97-1383 Legislative Hearing Minutes July 1, 1997 Page 2 b i ��` The owner did not appeaz; Gerry Strathman recommended approval of the Public Health order. 6. Resolution ordering the owner to remove or repair the referenced building, located at 477 G�rtice Street East. If the owner fails to comply with the resolution, Public Heakh is ordered to remove the building. Lloyd Rabanus, representing owner, and Waliy Nelson, prospecrive buyer, appeazed. Chuck Votel presented photos and reported the house has been vacant since June of 1996, there are three summary abatement norices, two citations issued, the City has secured the building against trespass, real estate taxes have not been paid, and no bond has been posted. The cost to repair the building is $50,000. Wally Nelson asked what he had to do to keep the pmperty from being torn down and stated he has a closing date of July 15 on this properry. Mr. Strathman informed Mr. Nelson that the $200 vacant building fee has to be paid, a code compliance inspection has to be done, and a$2,000 bond needs to be posted. Mr. Suathman suggested Mr. NeLsott do what he can and then attend the Iuly 9 Council meeting. Chuck Votel explained to Mr. Nelson that he may not be able to post the $2,000 bond unless he is the owner. Gerry Strathman recommended approval of the Public Health order. Resolution ordering the owner to remove or repair the referenced building, located at .8Q6 Agate Street. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Betty Asmussen, attorney for Equi Credit Corporation, and Pat Donohue, Realtor for Equi Credit Corporation and marketing the property, appeared. Chuck Votel presented photos and stated the house has been vacant since December 1996 and is currently for sate. The vacant building fees and real estate ta7ces aze paid. The cost to repair the properry is $35,000. The cost to demolish it is $8,100. Betty Asmussen stated Equi Credit is requesting 4-6 months before the city demolishes the property. There is a person interested in purchasing it. Equi Credit tias been maintaining the grass and the ptoperiy is secure. They prefer to sell "as is° to a prospective buyer. Pat Donohue stated the buyer is a cotth�actor. Gerry Strathman stated the building has been vacant for six months and has been declared a nuisance. If a buyer is prepared to post a bond, the City is prepared to give the buyer more � � � COURT OF APPEALS � NUMBER CO-97-1383 � �,�, —� 0 0 � Legislarive Hearing Report July 1, 1997 Page 2 8. Resohrtion ordering the owner to remove or repair the referenced building, located at 806 at Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 4. Resolution ordering the owner to remove or repair the referenced building, located at S�5 VJoodbridge Stteet. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legisiative Hearing Officer recommended approval and amended the date for repair or removal of the structure to January 1,1998 if a$2,000 bond 'ss posted by noon on July 9, 1447. 10. Resolution ordering the owner to remove or repair the referenced building, located at ¢59 Edmund Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amend�l the date for repair or removal of the structnre to January 1,1998 if the vacant building fee is paid and a$2,000 bond is posted by noon on July 9,1997. COURT OF APPEALS NLJMBER CO-97-1383 Legislative Heating Minutes 7uly 1, 1997 Page 3 l�� time. Mr. Strathman suggested talking to Councilmember Collins and attending the July 9 council meeting. Gerry Strathman recommended approval of the Public Health order. 8. Resolution ordering the owner to remove or repair the referenced buiiding, located at 8�5 Woodbrid�e Sheet. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. John Nelson and Steve Johnson appeazed. Chuck Votel presented photos and stated there aze four summary abatement norices on the properry, the City has had to boazd this building to secure it against trespass, the vacant building fee is paid, and the real estate taxes are unpaid. The cost to repair this building is $35,OOQ. The cost to demolish is $6,600. John Nelson stated he purchased the property to rehabilitate and occupy. He would like to move in by winter. Mr. Nelson asked was there any way to get around the $2,000 bond to buy windows and doors instead. The grass is cut and the building is secure. Mr. Nelson has been at the address everyday. Steve Johnson stated he has known John Nelson for 20 years. Mr. Nelson does good work and plans to redo the entire house. Gerry Strathman stated the $2,000 bond should be posted by noon July 9. If that is done, Mr. Strathman stated he wili recommend 180 days to bring the properry up to code. Mr. Strathman suggested Steve 3ohnson attend the Council meeting on July 9. Gerry Strathman recommended approval of the Public Health order, and amended the date for repair or removal of the struchue to January i, 1998 if a$2,000 bond is posted by noon on July 9, 1997. 9. Resolution ordering the owner to remove or repair the referenced building, located at ¢�5 Edmund Avenue. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Chuck Votel presented photos and stated the building was condemned in January 1997. The basement is full of gazbage and there is severe structural distress. However, the taxes are paid and the owners got a code compllance done. � � � COURT OF APPEALS NUMBER CO-97-1383 Legislative Hearing Report July 1, 1997 Page 4 t0. � � ie� No one appeared; Gerry Strathman recommended approval of the Public Health order and amended the date for repair or removal of the structure to January 1, 1998 if ffie vacant building fee is paid and a$2,000 bond is posted by noon on July 9, 1997. Summary abatement appeal for 1457 Hazelwood Avenue; Donald Eyinck, appellant. Donald Eyinck requested 8 weeks to work on cleaning the azea. Gerry Strathman viewed photos and stated the items in the yard are a public heahh hazard. Rodents may be living in the brush. Gerry Strathman recommended denying the appeal but allowing the owner until August 1, 1997 to take caze of the problem. Gerry Strathman adjoumed the meeting at 11:04 a.m. � i.J � .� , . GERALD M.SHAPIR�• DAV1D KREISMAN^ NANCY A.NORDMEYER LAWRENCE P.LELKE gETH W-ASMUSSEN DARCY A WEILER �tx.wa�n�c w..�ene.ie. -�r.�a.d b nr�,wi: eny � July 18, 1997 COURT OF AppEALS NI TMBER CO-97-1383 SNAPtR� & NORDMEYER, L.L.. . FTTORNEV$ AT V.W 7300 N,ETRO BOULEVARD, SUITE 390 EDINA, MINNESOTA 55<39-2306 7ELEPNONE: (6ttj 83110bD TELECOPfER: (612) 83�-473A Ramsey County District Court Administrator Ramsey County Courthouse 15 West Kellogq Blvd., Suite 600 St. Paul, MDT 55102-1694 RFCEIVED JUC 18 1997 C(7 �LERK Re: Fleet Mortgage Corp. v• City of St. Paul Loan No. 8254302-M - My File No. 97-14997 Dear Bistrict Court Administrator: Enclosed for filing please find the following: 1. Summons, Complaint with Exhibits; 2. Memorandum of Law; 3. Proposed Order; 4, riling Fee oi $132.00; 5. Notice o£ Motion and Motion; 6. Affidavit of Lawrence P. Zielke. Sincerely, Lawrence P. Zielke Attorney at Law LPZ:gev Er.closure cc: Shirley Sailors (HUD) F.'iA No. 271-a7°9732 City of St. ?aul and Attorney ��i1C� '�°,�'�?`t"� L�'6 . ,�� w ��' 4�.�� Y �;-:_r, � „- :s_- Alice Rodqers (rLOj Loan No. 82543G2-M ,, STATE OF.MINNESOTA (�--( DISTRICT COIIRT COWTY OF RAM3EY 1L�1 J�I.LLI� a,I� `� I SECOND 3IIDICIAL DZSTRZCT •Fleet Mortgage_Corp. COURT OF APPEALS Plaintiff, File No. N[_IMBERCO-97-1383 vs . SLR�II�fONS The City of Saint Paul, Defendant(s). THE STATE OF MINNESOTA TO THT ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SLJMMONED and required to serve upon plaintif��s attorney, within 20 days after service of this Summons, exclusive of the date of service, an Answer to the attached Complaint of the plaintiff, which Complaint is on file in the O£fice of the above- named Court, which Complaint is herewith served upon you in accordance with the Rules of Civil Proaedure of the State of Minnesota. The object of this action is to enjoin a condemnation proceeding. IP you fail to answer the Complaint within the time aforesaid, judqment by default will be taken against you for the relief demanded in said Complaint, toqether with plaintiff's costs and disbursements. This action involves, effects or brings into questions real property situated in tne County of Ramsey, State of Minneso'ta and legally described as £ollows: Lot 21, Chute Brothers' Division No. Three (3), an Addition to the City o£ Saint Pau1. Dated: July 18, 1997. SIiAPIRO & NORDMEYER j; . � _ ./ . By: Lawrence P. Zielke - 152559 Attorney for Plaintiff '1300 Metro Blvd., Suite 390 Edina, MN 55439-2306 (612) 831-4060 97-14997 0 STATE OI+ MI2i27ESOTA COIINTY OF RAMSEY Fleet Mortgage Corp., Plainti£f(s), vs. City of Saint Paul, COURT OF APPEALS NLJMBER CO-97-1383 DISTRSCT COURT SECOND JIIDICIAL DISTRICT CASE TYPE TEN: INJIINCTION File No. COMPLAINT Defendant(s). Plainti£f for its Complaint against the above-named Defendant(s), alleqes: I. Fleet Mortgage Corp. is a corporation organized under the laws of the State of South Carolina and is a mortgage lender authorized to conduct business in the State o£ Minnesota. IS. Thaz Fleet Mor�gage Corp. is the assignee of Midwest Mortgage Cornoration, the original mortgagee on tha� certain mortgage given by Johnnie M. Brown, single and Kelly E. B: Jr. , single, to NFidwest Mortgage Corporation, dated December 21, 1989 registered March 8, 1990, in the Office of the Ramsey County Registrar of Titles as Doc. No. 916758. IZI. That said mortgaae was an encunbranee unon the following legally described property: Lot 21, Chute Brothers' Division No. Thrae (3), an Addition to the City of Saint Paul; 0 COURT OF APPEALS NUMBER CO-97-1383 this property is commonly known as: 659 Edmond Avenue, St. Paul, MN 55104. iv. That said mortgage will foreclosed by advertisement pursuant to a sheriff's mortgage foreclosure sale to be held on August 27, 1997 at the Ramsey County Sheriff's office, and a true and correct copy o£ the "Notice oP Mortgage Foreclosure Sale" is attached as Exhibit A hereto. l`� That the six month statutory redemption may not be reduced to five weeks as allowed by Minn. Stat. §582.032, because the mortgage pre-dates December 31, 1989. VI. That this is an FHA insured mortgage, FHA No. 2'71-4799732, and F1eet Mortqage Corp. will ultimately convey this property to the Secretary of Housing and Urban Development pursuant to a 2imiLed warranty deed, iP no re3emntion occurs. VII. That r^leet Mortgage Corp. paid the $200.00 "vacanc building" fee July 9, 1997, and the building appears to have been abandoned by the fee owners, Johnnie M. Brown and Kelly E. Brown, Jr. -2- COURT OF AppgALs NUMBER CO-97-1383 vxzz. That the City of Saint Paul has instituted a condemnation proceeding relative to the subject.matter premises located at 654 Edmond Avenue. IS. The City Council ordered that the property be demolished at it's July 10, 1997 City Council meeting, after a"15" day period, which will expire July 25, 1997, pursuant to "Resolution" attached as Exhibit B hereto. X. That Fleet Mortgage Corp. and its insurer, the Secretary o£ Housing and iJrban Development, will be irreparably damaged by the demolition of the subject matter premises. XI. Because Flee� Mortgage Corn. and/or the Secretary oP Housing and Urban Develop^en� do not yet ho?d fee title, Fleet Mortgage Corg. anc/or i�s insurer co not .`.ave the abili�y to nake the necessary changes and/or i,provements to become code compliant. %2I. tipon infor:nation and belief, Fleet Mortgage Corp. has secured and winterized the prooerty puisuant to federal regulations issued by t�e Secretzry of Housing and Urban Develonment. -3- COURT OP APPEALS NiJMBER CO-97-1383 WHERE�'oRS, Plaintiff prays for an Order teaiporarily restraining andJor enjoining the City of .5aint Paul from demolishing the property for a reasonable period of time to. allow Fleet Mortgage Corp. to convey the property to the Secretary oP Housing and Urban Development, or in the alternative to bring the property into code compliance, and for such other and further relief as the Court deems just and appropriate. Dated: July 18, 1997. SHAPIRO�& NORDME ER , `,/ .;�, - / $�r�-�ti�-� �, i�•�i.` �='Law"rence P. Ziclke - 152559 � .Attorney for Plaintiff 7300 Metro Boulevard, Suite 390 Edina, Minnesota 55439-2306 (612) 831-4060 97-14997 ACK730WLEDGEMEN`P The undersianed hereby acknowledges that costs, disbursements, and reasonaHle attorney and witness fees may be awarded pursuant to Minn. Stat., Sec�ion 549.21, Subdivision 2, to the party against whom the allegations are asserted. - / . . � � . �-=�..,�t- � � ,,. . .. Lawrence-P. Zielke -4- COURT OF APPEALS NUMBER CO-97-1383 �'- ' HOTICE OF MORTGAGE _ . FORECLOSURESALg � � . . � .. i8E RIGBT TO VEFtIFICATIO2i OF TEiE �'t .{i'-'.:" �.:= - - - " � ' DE8'T AND IDEN?ITY OF S8E ORIGIIIAL � :: ��.:::';: :; -' . ' - : CRED2TOR WITHIN THE Tm'� PROVIDF.D -�"= ' . ' . : . � ' BY LA"W IS HOT AFFECTED SY THIS �:. - . .. . : AC2ION. � " . ... � . _ . - - � � � - NOiICE IS HERE81 GIVEN. �at dcfault ; - . - ' - - � -bas occuricd ia the condltfons of thc �� _ . � � � - _ " - - �: � followlaq dcscrlb<d mortgagc :: '. � . . - _ - - - � � - ' DATE OF MORTGAC.E: Deccmber 21. �.:_: � �'"�: . _ _ -- - - _ _ , ��,1989 . • . " _ "_ � - ' - � � � ORIGINAL PRIISCIPAL AMOUNT OF��'. � , . .- .. . � :. � � . MORTGAGE: 537.150.00 . " � -�":-"_� `��'' � MOATGAGOR(S3: Sohnnie M. BCOwn, _ - _ - - sfngle and H<I7Y E. Brown. Js.. S[ngic � . . :"�. - ' . . - _ - . , -' MORTGAGEE: Mfdwcst Mortgagc ,�. : � , . � : -- - "� Corporatfon . . , . - . • " ' "� � � � - � � DATE AND PLACE OF REGISTERING ON � • � � . _ , . . . . - �' ' REGISTEftED LAND: Registcrcd March 8. _ � � � . " ' � 1990. Ramsey Counry Reglstrar of Tltics. `� _ , . _ � �' � � � Documcnt No. 916758 � . � � � ' ASS[GNMENTS OF MOATGAGE: � . Assigned to: iCF Moctgage Corporatlon Da[ed: ➢<ccm6er 21. 1989, Rcgisicrcd: " March 8. 7990. Documtnt No. 916759. ' " � 2hczcaftcr assign<d to: Fieet Mottgagc CoYp.. ' � Da(cd: Sanuary 5. 1990. Rcgistcrcd: Mazch 8. ' . . s 1990 as 9ocumcat No. 916760. � � - � • ' - L£GAI. DESCRIYTION OF PROPER7'Y: . � � . - . . - 1 Lot 21. Chute Broth<rs' DNisioa No. Threc (3J. an Add::.ion to the Ciiy of Saint Paul COUNTY IN WHICH PROPERTY IS LOCS7ED: Aaalsty A110UNT DU£ AND CLAiMED TO BE DUE AS OF DAT.E OF NOTICE, INCLUDING 2AXES. IF ANY. p:�ID BY MORTGAGEE: 536.984.37 TFIAT all prc-forcclosure require�cnts havc bcen camplied with: [hat no actlon or nroceedmg has bcca instituted at law or . othcnvuc to reccver thc debt secu:cd by said �;:. • nortgage. or 2ay put thcreot; - PURSLSA�;. to thc poa•e: ot salc :: �� tontained ia soid mor[gage. thc abo�e �. dcsczi6cd prope.^.y wiLi 6c sold b� tne She:::f � of said cnunty as fo!loas: . DATz AI�D TIM2- OF SAL°_: A�g.u� `-'�• - 1957. 70:00 A..Y,. � . � ?LACE OF SdL'c: Shc:fffs '�1a:n �fficc, ' 14 West Kcllogg 31+d.. St. Paul. KN ' � [o pay th< deht secuttd by sa�d mottgagc � aad caxes. it ar.y, on 531G ��.T.ISCS and thc :" _ . costs and disbu:stmcats. incluting atto:'ncys �- fccs zllowcd by 1aw. subimc to :cdcmpslon . wSthfn six months tron �< dam of said '. . salc bv :he mcrtgagor(s) :hc:r pcso.^.al : . . rcpt<sentatlscs o: assigns. Daced: July ?. 1997 FLEET 110R; G.4GE CORP. :4ss:gaee oC S1ar,gagee SHAPiRO & `CRDMEYER. V2,\CY a. NORDSiEYER. L.4�1'REtiC� P. ZI°LIiE. Aitoracys fot AsSigne< of �lorcgagec, 7300 ?.3eero Slcd.. Suite S_�. EL1na, �fti 55439-2306 (6127 831-�060 THIS IS A.Y ATTE�iPT TD COLL£CT A DEHT AS4D A.'vY R'�'QRKATSON OBT�LtiED WiLL HE USED s OR TkL4T ?URPOSE. (July 5-13-19 :6-.4ug. 2-9) _ _ _ = ST. P�liL LEGAL LEDGER = _ _ _ - _ — ,': COURT OF APPEALS NI IMBER CO-97-1383 STATE OF MINNES07A ) COUNTY OF RAMSEY } ss. CITY OF ST. PAUL ) 1, Frances Swanson, Deputy City Cferk of the Cify of Saint Paul, Minnesafa, do hereby certify that I have compared the atfached copy of Council Fite No. 97-880 as adopfed by tfie City Councii on Juty 9, 1997 and approved by the Mayor on July 13, 1997 with the original thereof on file in my o�ce. i further certify that said copy is a true and correct copy of said original and fhe whote thereofi. WITNESS, my hand and the ssa{ of the City of Saint Paul, Minnesota ti�is 16th day of July 1997. .��1; ('�i.tr- c l,' { �'� , ��-�-�r� ��.11. DEPUTI' CiTY CL�RK C� * �-� • � `� �� COURT OF APPEALS NL7MBER CO-97-1383 - �RI�1i��`;!- RESOLUT{ON C1TY OF SAINT PAUL, MINNESOTA council File n Green Sheet x Presented By Referred To �JFS �'�- KYO \�l`�S V,'HEREAS, Public Health has requested the City Councii to hold public hearin�s to consider the advisability and necessity of orderin� the repair or wrecking and removal of a two-story, wood frame dwelling and detached, oversized, one-vehicle, wood frame 2arage Iocated on.property hereinafter referred to as the "Subject Property" and commonly known as 659 Edmund Avenue. This property is legally described as follows, to wit: I,ot 21, Chute Brothers' Division No. 3, an Addition to the City of Saint Paul. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by. Public HeaIth on or before April 29, i997 , the followin� are the no«� I:nown interested or responsible panies for the Suhject Property: Johnnie & Kelley Brown, 7600 Bristol Vi11a�e Dr. n102, Bloominaton, MN 55438; Fleet Mortaa�e, 1I200 West ParkIand A��enue, Dept.663, Nlilwaukee, R%? 5322^, I,oan� 82��02; Fleet D�Iort�aae Group, 324 West E�ans Street, Florence, SC 29501, Loan.� 825?302. `�HEREAS, Pubiic Hezlth has served in accordance �v;th the orovisions of Ci;z�ter ^-.� ot th� Sa;nt Paul Lesislative Co�� aa order identified as an ��OCaC7 TO _aD3i2 �ll]ScP.C° vlliI6lII�l�)�� C3I2Q Apri1 2�, 1947; anc� 1R��iL'CL.aS. iP?S Oiu�.' dRIOITI7°Il i�C inER I:ROR'D 7RCE.'eSi°Q 01 res�onsioie �a:�ies i�2i i1�E suticmr� located on the Suoject Prop�m� is a nuisanc� buildin�(s) pursuant to Chapter —'.�; �r.d WHEREAS, this e:cer i:,;o,,.�ed the in[erested or responsible parcies �hat �hey iTil:S: r°�J37i OL demolish the scructure locaczd cn the Suoject Prope: �y b}� '�Sati� 27, 199T, and WHE?tEAS. the ea;o:cea:ent o?ticer has posted a pl2card on the SLOj�ct Prcpe::.; ceclarin, this buildina{s) to consti ::.� a auisance cond;tion; sub}ect to demo?icion: and WHEREAS, this a��isanc� cor.dition has not been corrected and Pubiic I:eaitn :eon�sted ti�at :he City Clerk sc`�edul �L�i7I1C 3:� arinas before the Legislati�'e Hearire Officer of th� Cit� Cour.cil and the Saint Paul City Ceunc;i; znd ��JHEREAS, tf:e ir.terested ar.d responsible parties ha�e beea sen�ed notice in acco:dance with the provisions of Chzo�er 4� of the Szint Paul Le�islatiti�e Code, oi the time, da�e, �iace ar.d purpose ef �h� public he2;in�s; and � `l - a��c wHETtEAS, a hearing was held be£ore the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 1, 1997 to hear testimony and evidence, and after receiving tesFimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove iu blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with aIl applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 9, 1997 and the testunony and evidence inciuding the action taken by the LegisIative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented af the above referenced public hearings, the 3aint Paul City Cauncii hereby adopts the following Findings and Order concerning the Subject Property at 659 Edmund Avenue: 1. ?, � 3. m, � � 4. <C r. a� rn � O I �. w O C4 ' � W ' 6. 07 � � � ! °z; r. S. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 4S. That the cosu of demolition and removal of this buildin�{s) is estimated to exceed three thousand dollars (S3,OOQ.QO). That there nozv exists and has existed multiple Housin� or Buildin� code violations at the Subject Property. That an Order to Abate ?iuisance Building(s) «�as sent to the then known responsible parties to correct the deiiciencies or to demolish and remove the buildine(s). Tnzt the deticiencies cansing .his nuisance condition have not been corrected. That Puoiic HeaIth has oested a plzcard on :he Subject Prope: which ceciares i� ;o D8 2:!17S2AC° condider. s��iec*. to c�moli[ion. Tha� chis oeiidin� nas �een ronuneiy monitered o�� th� 'vacand�uisance Buiicia�s Ceee Eniorcement Proa,am. T:,a� .he i;no�vn inte:es:ed pz.�ies 2nd o�aners are as previonsly stated in this resolutien and that the notinc�tion requiremeats oi Chapter �� have been fulfiiled. ORDER Tne Saint Pzul C:[y Council he:eo�� makes �he foilo�vin? order: 1. The abo�e re�'e:enced in�e:esced c: respoasiole parties shall make �Se Subject Prcperty safe and not de:r:mentai to the puelic o�ace, he�lth, safery and welfare and remove its bliahtin� lIIItu°.^.C� OII 2.^,� CO'.?1i71UP.1IV b�' '°.^.3CSIlt2ilII? tnis strucmre and corre CLill� all denciencies as oresc:ibed in the abo��e reiere^czd Order to Abate \uisance Building(s) in accordance with all ap�liczbie codes z,d ordi;:a::ces. or in the alcerna�ive by dzmolisning and removing the scruc��re in accordznce «i�h all ��pL•cab]e codes and ordinances. The rehabilitation or demolicien and remoti�al ei the sc,uc;cre must be comoleted within fiiteen (1�j da}�s aiter the date of the Cour.cil Hearin�. COURT OF APPEALS NUMBER CO-97-1383 ��1- � �� 2. If the above corrective action is not completed wichin this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demoIish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code: 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and remaval shail be removed from the properry by the responsible parties by the end of this time period. If all personal property is not removed, it shail be considered to be abandoned and the City of Saint Pau! shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution he mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Lzgislative Code. cl:_v �`.5"__^ r n0 — =C' it= - �_ -- _-� -✓ ccuac_l. �zt=_ � � Q �`59�1 - - � \ , —� : - =_.,_. Ce-=-=--_ by Coc..c'_2 Se�^.�Y�e�=_ry 3v: -___�._u � � ! �� ? f !3 /,, I , ��G!.�f11 � --- esc=__ �-,� �e�-a� "=. =_v : � lifil,:if l��'� � T.-..,v��.EQ vV C"V "C°�2V _ � �.�� ,;..�" _.: --�� . - . �.� ;V :'c•sC° -�._ SLD..._552C:1 t0 . ,,. _._: l � i � --� f� COIJRT OF APPEALS NIJMBER CO-97-1383 STATE OF.MINNESOTA COUNTY OF RI,M3EY Fleet Mortgage Corp., Plaintiff(s), DISTRICT COIIRT SECOND JIIDICIAL DISTRZCT CASE TYPE TEN: INJIINCTION File No. vs. NOTICE QF MOTION AND MOTION FOR TEMPOF2ARY RESTRAINING ORDER TEMPORARY INJIIHCTION AND/OR PERMANENT INJIINCTION City o£ 5aint Paul, Defendant(s). TO: City of St. Paul and its attorney, Steven Christy, Assistant City Attorney FLEASE TAICE 2iOTICE, that on , 1997, at a time set by the Court, the undersigned will move the above-named Court, at the Ramsey County Courthouse in St. Paul, Minnesata, for an Order: 1. 2. 3 B temporarily restraining the Plainti£f from raising, demolishing or removing the building at 659 Edmond Avenue, St. Paul, MN 5510a; and £or a temporary injunction halting the City o£ St. Paul from de:�olishing 659 Edmond Av?nue, St. Daul, I�+ST 55i�S; and for a permanent injunction enjoining the City of St. Paul from demolishing 6�9 Edmond Avenue, St. Paul, MN 55104; and other relief as the Court deems just and equitable. Said motion will be based upon the Sunmons and Complaint, COURT OF APPEALS NLTMBER CO-97-1383 as well as the accompanying memorandum of law and all the all the files, pleadings and records herein. Dated: July 18, 1997. SHAPIRO & NORDMEYER Irawrence P.� i - 152559 �7300 Metro Blvd., Suite 390 Edina, MN �439-2306 (612) 831-4060 Attorney"�or Fleet 97-14997 ACRNOWI,EDGMENT REQIITRED BY MINN. STAT. §549.21� SIIBD 1 The undersiqned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned or her client acted in bad faith; asserted a claim or defense that is frivolous and that is costly to the other party; asserted an unfounded position solely to delay the ordinary �se of the proceedings or to harass; or committed- a fraud upon the Court. / �r .:cr, ,7 '/ / Lawrence P,:� Zielke COURT OF APPEALS NUMBER CO-97-1383 STATE OF MINNESOTA COIINTY OF RAMSEY Fleet Mortgage Corp., Plaintif£(s), DISTRICT COURT SECOND JIIDICIAL DISTRICT CASE TYPE TEN: Z2IJIINCTION File No Vs. City o£ Saint Paul, Defendant(s). MEMORANDUM OF LAW IN SI3PPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER FACT3 AND PROCEDIIRAL HISTORY on December 21, 1989, Johnnie M. Brown, single and Ke11y E. Brown, Jr., single, granted a mortgage to Midwest Mortgage Corporation in the original principal amount of $37,150.00, said mortgage ultimately bsing assigned to Plaintif£, F1eet Mortqage Corp. (hereinaPter Flee�). Payments were not made on the mortgage and a mortgage foreclosure by advertisement action has been commenced and a sherifP's sale is set for August 27, 1997 at the Ramsey County Sherif°'s Of=ice. If no redemption is n�ade from the sneri£f's sale, Fleet will beco�e the fee owner on renruarY 27, 1998. The six montn statutory redemption may not be reduced to Pive weeks as allowed by Minn. Stat. §582-032, because the mortgage pre- dates December 31, 1989. The City Council Legislative Hearing Officer held a public hearing to consider a council resolution ordering the repair or removal of the building located at 659 Edmond Avenue. The COURT OF APPEALS NUMBER CO-97-1383 legislative hearing officer recommended to the City Council on July 10, 1997 that the building not be razed until January 1., 1998, if certain conditions be met. The City Council voted to raze the building, INJIINCTIVE RELZEF SHOIILD BE GRANTED A. Leaal Backciround The purpose of injunctive relief is to protect the status quo pendinq litigation. St Jude Medical Inc. v. CarboMedics, Inc., 764 F.2d 500, 502 (8th Cir. 1985)(applying Minnesota law); Dahlbera Bros. Inc, v. Ford Motor Co., 272 Minn. 264, 279, 137 N.W.2d 314, 324 (1965)_ Furthermore, an injunction should issue where the failure to preserve the status quo ante will preclude effective relief Prom being granted to the complaining party. Pickerign v. Pasco Marketina. Inc., 303 Minn. 442, 444, 228 N.W.2d 562 „ 564, (1975); Sewarci v. Schreiber, 240 M_inn. 489, ?9Z, 62 N.W.2d 48, 50 (1954). �t is well establisned�,in Minnesoca that, in deciding whether co grant injunc�ive reliei �o an applicant, the courts are to apply wnat are known as the Dahlbercr factors. There are five Dahlberct factors: (1) nature and background oz the relationship betwean the pazties; (2) harm to be suifered if the tenporary restraint is denied as compared to that inflicted on defendant iP the injunction issues; (3) likelihood that one party or the other wi11 prevail on the merits; (4) public policy as expressed; and (5} adninistrative burdens of the judicial supervision and enforcement_ -2- COL3RT OF APPEALS NUMBER CO-97-1383 Dahlberg Bros., 272 Minn. at 274-75 „ 137 N.W.2d at 321-22 (1965); Overholt Croo Ins Serv Co. Inc. v. BerdesQn, 437 N.W.2d 698, 701 (Minn.Ct.App. 1989}. Here, an analysis of the facts of this case, as they now appear, warrants the imposition of injunctive relieP. B. Nature and Backctround of the Parties' Relationshib Fleet is a duly authorized servicer of £ederally insured loans under the Federal Flousing Administration program, hereinafter "FHA". FHA loans are under the province of the Secretary of Aousing and Urban Davelopment, and is represented locally by a "FiUD" office in Minneapolis. Because the property will be conveyed to HUD after the redemption period expires, HUD is the ultimate party in interest, and as a governmental body, has a long runninq reZationshio with �he local housing authorities for the City of St. Paul_ C. Balance o= Harm Analvs?s The harm 'to be suffered by Fleet is none oiher than �he loss of tne building upon which it has a security inzerest and which was secured by a mortgage in excess of $37,000.00. Fleet faces not only the loss of value, but the cost o£ the demolition. On the other hand, the harm suffered by the City is merely the delay of demolition, or better yet, the benefit oP a revitalized and rehabilitated house, if an aopropriate third party buyer can be -3- COURT OF APPEALS NiJMBER CO-97-1383 found by The Secretary of Housing and Urban Development. Conveying the property to HUD by Fleet without the house on the lot may jeopardize the insurance claim of F'leet. Thus, the balance of harm analysis weighs greatly in favor of Fleet. See Western Union Tele ra h Co. b. Industrial Com'n of Minnesota, 24 F.Supp. 370, 374 (D. Minn. 1938); Overholt Croo., 437 PI.W.2d at 701. D. Merits AnalVSis Demolition o£ a house is a drastic remedy, that should only be employed as a last resort. Rehabilitation by responsible parties should always win out over demolition. E. Public Policv Analvsis There is little doubt that there is a shortaqe of aPfordable housing in the metronolitan area. The problems of the core cities are well documented. The problem is not �hat a house sits on the subject premises, but a house that does �ot meet code compliance. Assuming a responsible third party purchaser can be located tha� wi11 bring the prcnerty up to code, this clearly weighs in �avor of a temporary injunction "to promote a�fordable housing in the core cities. F. Burden Upon the Court Given the fact that there are two responsible parties, the City and Fleet, the burden of enforce:nent of an injunction would be ''S� .:OURT OF APPEALS VUMBER CO-97-1383 minimal. Both attorneys have been before the Court on numerous similar si�uations, and have worked well together to.coordinate similar cases. CO23CLIISION The Darilberg analysis weighs strongly in favor of Fleet, and injunctive relief should issue allowing Fleet time beyond the end of the redemption period to locate a third party buyer and/or to bring the property up to code. Respectively Submitted, Dated: July 18, 1997. SHAPIRO & NORDMEYER i' / � �� ,� � ./ -'IGG��G�� ,% , G!;.c Lawrence P. ZieTke�- 152559 i�� ' 7360 Metro Bl;ad.�'SUite 39� , Edina, MN 55`439-2306 - (612) 831-406� P_ttorneys for Fle=t -5- �OURT OF APPEALS ViJMBER CO-97-1383 STATE OF MINNESOTA COIINTY OB RAMSEY Fleet Mortgage Corp. PlaintifP, DI3TRICT COIIRT SECOND JIIDICYAL DISTRICT File No. vs. The City of Saint Paul, Defendant(s). ORDER The above-entitled matter came before the Court pursuant to a motion for a temporary restraining order by Fleet Mortqage Corp. Z,awrence P. Zielke appeared on behalf oP PlaintiEf. Stephen J. Christie appeared on behalf of the City of St. Paul. Based upon the files, records and proceedings herein, IT IS I3EREBY ORDERED: The City of St. Paul is restrained from demolishing the buildinq located at 659 Edmond Avenue, St. Paul, MN 55104, until , 1997, aL �hich time Plainti�f will have to make new application to the Court for any additional injunczion. Further conditions o� �nis Order are as �ollows: Dated: , 1997. BY TftE COURT: Sudge of District court .;OURT OF APPEALS VLJMBER CO-97-1383 STATE OF MINNESOTA COUNTY OF RAMSEY Fleet MortgagA Corp., Plaintiff, DISTRTCT COi3RT SECOND JUDICTAL DISTRICT Case type: Injunctive Conrt File No. vs. City of Saint Paul, Defendant. AFFIDAVIT OF LAWRENCE P. ZIELKE STATE OF MINNESOTA ) )ss. - COUNTY OF HENNEPIN ) 1. That your aPfiant is the attorney Por Fleet Mortqaqe Corp. 2. That this mortgage misses the eligibility £or a reduced redemption period by lo days. The mortgage is dated December 21, 1989, and Minn. Stat. §582.032 reguires that a mortgage be dated December 31, 1989, or thereafter to qualify for a reduced redemption period for abandoned properties. 3. Attached as Exhibit 1 is the No�ice of Public Hearings, Summary of Public Hearinc� and inspection report for 659 Edmund Avenue. 4. Representatives for "HUD" have not had an opportunity to review the property, includincf the inside, to determine if they consider the building to be worth saving. 5. This loan did not because delinquent until March 1, 1997 (due February 1, 1997) and was referred for foreclosure to Shapiro & Nordmeyer on June 20, 1997. COURT OF APPEALS NIJMBER CO-97-1383 6. In the course oP the foreclosure process, the condemnation was discovered, and Fleet was represented at the City Council meetinq when the resolution was adopted, and a request for more time was turned down by the Council. 7. A mortgage lender, pre-sale, has only a limited riqht of entry pursuant to Minn. Stat. §582.031, and that 3.s to prevent waste, not to rehabilitate property. 8. "HUD" has directed FHA loan servicers to seek a restraining order under these circumstances to allow "HUD" an apportunity to evaluate and possibly market the property. FURTHER YOUR AFFIANT SAYETH NOT Dated: 3uly 18, 1997. SHAPIRO & NORDMEYER ,�-� �= ,�' �,%, L'awrence P. , 'Attorneys for Plaintiff _ 7300 Metro Boulevard Suite 390 Edina, MSI 55434-2306 97-1?997 Subscribed and sworn �o before me '"'� this 18th day of July, 1997. ,\ ' �f�==� �. `��.��= C� . �,::"; Nor;.�r �.k_ti ..-, r_c:n ' 7 �' �" i l Ff,,G? .� . _N` 'f� -/�iL '. - _}..' '�T :J)ra �.:liv G...S LJ. �.. . ^ �� : ,.. Notary Public ..-.,�::-�,,;-.^,��..,..,�._:-.:�..., _ -2- JUL-0E OE�So S� "RUL r��LiC r.�� n ' . oit c = erra r.a��Gr �OURT OF Appg�,S NUMBER CO-97-1383 SAtNT ?AUL PUBUC HEALTH Real NaLc2 M.D.. M.P.H., Dix<ror ClTY OF SAiNT PAUL :�� h'uts�.NCE ac�rzoLVCS cooE Norm Coicmcn. Mayar ... , FhF.ORCEb1E1+7' • - � _ . SSS CcLa� Svice[ . .. . Sa'v+t PtuL 1dV SS1Dl-226� ...�..�.r - . 3une 6, 1947 NOTICE OF PTJBLIC HEARINGS Fleet Mort�a�e Group 324 West Evans Street Florence, 5C 29501 Loam 82�4302 To alI �nown Responsible andlor Interested Parties Dear Sir or Madam: 612-298-f153 The Saint Paul _City Cou:�cit a�-�d Lhe Legislative Heazing Officer of the Ciry Council have schedcied publie hearings to consider a Council Resolution orde:ing tl:e repair or removal oi the buiIdin�(s} located at 659 Edmnnd Avenue. In accordance •w�Lh u'�e prov;sions ef the Saint Paul Legislztive Ceee Chapt�r 45, a11 a��ners of record and ocher inte:esed paties w:th a ic.ou.;i in�erest in ihis 6uitdin¢(s) ase hereby notified of these hea:ir.=s. ?.t tP_ese hearinys testi.�anr• �'i11 be hea.rd from Lhe ?ublic Heaii; Enforcemeat Oiiicer znd �n� oLher pz-ties w-ho �.�isn to �: hea.-d. The Coc^cil v.ti?1 ::eeat a resolution desc;ihin� �%.'. zt actio^., ii :ny, the Cow-:c31 deems �pp:opriate. Please be acivised tF:e ?LbIic ?-Iezing before the Le�is!�tive Heuiae Officer is sched��led for: 'Tuesday, July I, 1997, at iQ:00 a.m, in �toom 330, Cify Hall, I� ��'est �eIlogg Baule� Saint Paui, ?�1N ��1a2 ihe Leg+.slative Hezrir.z 0�;=c°* ui11 'r,e2.- �'�e e�'ice.^.c� 2r:d �yke a recom�^,.e�datien io: acucn to the TuII City Co��ciI: We�3r�esday, 3uly 9, 1997, at 4:3D p.m. in the City Council Chambers, 3rd Floor City Hall, 15 �i%est Ke11o�Q Boule�-ard, Saint �'aul, i�'�\ 55162 ,� i Fr,t�i� �� y, i� � JUL-0E-1SS7 68�57 S� °AUL PUBL:� n�nL�n � oac < c ci � �.��.oi COURT OF APPEALS NLItviBER CO-97-1383 559 Edmund Avenue Iune 5, 1997 Page 2 AlI costs incurred by the Ciry, including inspection costs, administrative cosis, title searches, filing fees and, if necessary, demoTitioa and removal expenses, will be assessed a�ainst the re2l estate as a special assessment to hc coIIected in the same manner as real estate ta.les. If you have any questions concerning this marer please ca11 the Vacantll3uisance Buildings Co�e Enforcement Section at (612)298-4153. � �` cerely, - `� � Reneta Weiss Program Supervisor Vacant/Nuisance Buiiding Unit Saint Paul Public Heal•�h RW:m1 01-93 STJM?v�A..ccY �OR PUBLIC HEAh��G COURT OF APPEALS 654 Edmuad Avenue NUMBER CO-97-1383 Legisiarive Hearing - Tuesday, 3uly Y, 1997 City Counci2 - Wednesday, Juiy 9, 1947 The buiIding is a two-story, wood frame dwellin� with a detached, av,ersized, one-vehicle, wood fiazne garage on a Iot of 4,960 square feet. Accordiag to our files, the dwellin; was condemned in 7anuary 1997 and it has been vacant since February 1997. The current property owners are Iohnnie & Keiley Brown, ger Ramsey County Property Records and I2evenue. The owners intend tq rehabilitate the dwelling. There aave been six (6) SUMMARY ABATE?vfENT NOTICF� issued zo: remove refuse from the yard, cut grass and weeds anrl immediately secure rhe dwetiing. There has been one VEHICLE ABA�'EMENT issued. On April i7, 1997 an irspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and ghotographs a�ere taken. An �RDER TO ABATfi A NLiISA.2�ICE BUILDII4TG .vas issued on April 24, 199� with a compliance dar� of May 27, 1997. As of this date this properry remains in a condition which comprises a nuisance as defined by che Iegislatiae code. TI�e Vacant Building re�istration iees a:e cue znd owin� since February 199i. Reai Estate �xes arz paid. dn NSay 6, 1997 a Code Compiiance I.-ispection was dane. (atczched) �s of IuIy 1, i947 rhe S2,G40.4d Bor.d has rot been pested with the Buildina Inspettien t7e�ares-nenc. COC� EI1fOLC�^.lERL :IISj7e estimate �e cest i0 72�`i"aii L'?1S SI21'Ci12rC :S ^ J t5,d00. The estinated cesc to Demoiis� is Si,3°0. The PAbiic Health ResolLdo�t sub*_*:ittzd `cr ccnsi�e:2tien e.ders L�e prope:� ownPr to repair or re:nove L�is s:ruc�ure •wiG�in fiiteen (i5) ea:s, if r.et tne zesol��r.on a��Lho.izes R:blic Health co de,_:o!isn and assess u�!e cests �o'v:e grooe,��. 3UL-0B�199 02�57 5T PaUL Pv3�:= r ti�iN �OURT OF APPEALS VT.JMBER CO-97-1383 CITY OF SAIN7 PAUL 11crm Cokman, Mayo� � May 7,1997 Johnnie & Kelly Brown 7600 Bristol Village Drive :102 Bloomington, iviN 55438 Re: 659 Edmund Dear Property Owner: b1G GGG Glln r.G �bI FrICEOFUCEl:SE, tC170,\'SAVD WSRO, i}`SE: �7AL PAO2ECTIO�i �bs�! KtsSlcr, Dlrcdo� LOWRY PROFESSIONAL BUILDIXG Suiu 3D0 " 350 SL Petcr Svicet ,SaintTeul, Mlnneiota SSl02-)S10 Tcl<p7+onc_ 611-?66-9090 FaaL�sik: 611-266-9049 612-2bb972s Pursuesit to your request b�9 Edmund was inspected May 6, 1997 and the follo�•ing report is submiYed: �LJILDI?QG: 1. . Insue camplete floar in cellaz. NOTE: Cellar full of debris and could not be properly insgected. 2. a 5 6_ 7. � 10. �eplace decerio:ete3 ,<: joist :s necessa�n,'. 1 i. Replace brolen or nissing sicins. 12. Tuck point `oc�eatioa. �3. TL'C� POI..I Cil!;:1.^.°-V. I4. RepIace det�ror�,�d ill con<�r��zd rear step l�.nding to be structurally soLnd, uni�orm, ��c. 1�. Reelace ezm2ged :oo`cover,r�. i 6. Rep: ir fencing or renoo�e all. i7. Proviee compieta :epair oi g`a,� (sicing, reof co�e:ing, doors, Lim, etc.). Rep2ir 12aichway openilg. ReDair or reolace ��alls and ceilinas :s necess�y throughout. Replace a11 walls, ceil'an�s, floors, fioor covering, trirn, etc. ihat are ili-constn:cte3 and consL-uct alI in a woricmzn like mznn�r s�d comnleie. Re�?ace 4+alI th at h2s b°ea remoi�ed'eet�s'een � irt tioor front porc7 and living roon o: �1_i must be constn:cted io cude. R°�Iace deteriorated flooz below ti1� First F1oo; bath. Repiace or provide r.ew floor cov�;i> � tiuoug4out as it is open, badly soiled and ill- fittittg or miss+n�. Repai: hztchw'ay to cellz:. Reoair cr realace de:erio;ated c, miss;n� trim, soi?it, facia, frieze board, etc. J�L-0E 0E� SE S 'RUL rL�U L ncnu n May.7, 1997 Pagc 2 . 'Code Compliance Inspection Report RE; b59 Edmund .:OURT OF APPEALS vUMBER CO-97-1383 BI3iLDiT.G: (continued) 18. Provide hand and guazd rails aIi stairways and steQs as per attachment. 19. Provide ihumb type dead bolts for aIl entry doors. ' 20. Repair or replace any deterioratad or missing window sash, broken glass, sash holders, etc. as ncctss2ry. 21. Providz storms 2nd screens complete and in good repair for ai! door and window openings. 22. Prepare and paint interior and exterior as necessary (take the necessazy precautions [f Iead base paint is present}. 23. Provide general clean-up o£premise. 24. Provide smoke detectors as per UBC. _ FT.FC:TRTCAL: a ement 1. Install jumper azoLnd water meter. 2. 3. Install connectors on romex at service. Insta1115 A�vfP brezkers on 714 wire. Replace d::na�ed romex and strap romex to code. i st � 1. Nfove bed:oo� lient box dov.n flush.;�th ceiling. 2. Ground bath.;oo::i ti�ht. 3. Repair G.F.C.I. outlet. Garaoe - (Locke�l 1. Remove or re-v.�re all i:aproper wzrin�. 2_ R°-wirz i��3 to code or remov°. eneral I. InstaIl euttets �.nd li�hts ne: B�lletin 80-1. 2. Ground z11 3-u�i;e outlets. 3. Correct reverse po?2rities 2t out?ets. 4. Repair all non=::orki�� eIectrical devices. �. Replace 2 11 brorzn ar missin3 elecli de��ices. 6. Instali s:::oke d�tecto:s pe: U.B.C. �T LJMB3NG� _ i_ Firsi FIccr -12v kitchen sir_�; an� Iau:dry �bs aze noL vented (dLCt *.ape on p��st�c pipe, etc.). ir<s:a'_I zli plumbing 2nd gas pipiag � pe; code. HE AT1tiG: 1. Clean, ORS �T te�t z*:d crec?; a�I saf ty controls. 2. Test hest exchar�er. 3. instali combus_�on air. JUL-0E-1997 0E�58 ST PRUL PL3LiC HcALTH 612 222 2?70 P.07iH7 May 7, 1997 Fage 3 �ode Compliance Inspection Report FtE: 559 Edmund 7-TRATING: (continued) 4. Clean combustibles from azound fumace. 5. Provide heat Second Floor. COURT OF APPEALS NUMBER CO-97-1383 �� This property was inspeczed as being a single family residence. `L�Q7E : • - . i. . See attachment for pemui requirements. � 2, This property is designaYed by ihe Heath Department as a Categary �3 which requires a$2,000 Perfotmance Bond ot Aeposit at the time the permit is issued. Sincerely, ��.'� ��, Donald F. Wa�ner Building Inspector DPW:aw aYtachment i07PL ?.87 , COURT OF APpEALS � �` NUMBER CO-97-1383 AGENDA OF THE SAINT PAUL C1TY COUNCIL Wednesday, May 7, 1997 - 3:30 PM PUBLiC HEARINGS AT 4:30 P.M. CITY COUNClL GHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 266-8565 O�ce of the City Council CONSENT AGENDA NOTE ALL ITEMS LISTE� UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION, THERE WILL BE NO SEPARATE DISCUSS�ON OF THESE ITEMS. IF DlSCUSSION 1S DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSlDERED SEPARATELY. FOR ACTiON Approval of minutes of April 2, 1997. 2. Claims of Amy Campanaro, Earl McDonald, and State Farm Insurance (for John Steifer). Motion and Motion for Summary Judgment, E�ibits and Order in the matter of Patrick A. Carlone vs. the City of Saint Paul. 4. Sutmnons and Complaint in the matter of Lapkwang Tsang and Aau Yin Tsang vs. the City of Saint Paul. Letters from Saint Paul Public Health declaring 659 Edmund Avenue and 855 Woodbridge Street as "nuisance properties." (For noti�cation purposes only; public hearings will be scheduled at a later date if necessary.} Administrative Orders: D001220 Authorizing the Department of Planning and Economic Development to contribute $5,000.00 for consulting services for the Twin Cities Economic Development Group. D001221 Authorizing the Office of Human Resources to reimburse vendors for costs incurred in conducting employee relations and recognition programs in 1997. D001222 Implementing delegation of signature authority on City contracts. COURT OF APPEALS NI TMBER CO-97-1383 659 Edmund Avenue April 24, 1997 Page 3 East Side 14 15. There are large gaps in the concrete block foundation. The basement window wells are filled with refuse and debris. 16. The basement windows are boarded. 17. 18. 19. The first floor windows are boarded. The wood surfaces are rotted and deteriorated with eracked and peeled paint. There are large gaps and holes in the eaves and soffit. North Side 20. 21. 22. 23. 2�1. zs. 26. 27. 28. 29. The plywood cover at the top of the cellaz stairway has been removed. The basement door is open and broken. The exterior stairway 2o the basement is filled with refuse and debris. The rear concrete patio is settled, buckled and cracked. The entryway wood landing is rotted, deteriorated, poorly footed and improperly sugported. The fust floor windows and rear entry door are boarded. There are gaps in the eaves and soffit. The wood surfaces are rotterl and deteriorated with cracked and peeled paint. The rear of the dwelling is partially painted and unpainted. The second floor window uun has cracked and peeled pairn Garage � 30. The service door is ilI-fitting. 654 Edmund Avenue Aprii 24, 1997 Page 2 This building(s) is subject to the restrictioas of Saint Paul Ordinance Chapter 33A3 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. 3'his is a two-story, frame dwelling with a detached, oversized, one vehicle, wood frame garage. Er.terior South Side The front window and door are boarded. 2. The eaves and soffit are rotted and deteriorated with cracked and peeled paint. 3. The second floor screens are ripped. 4. There are large gaps in the foundation block and mortar. West Side 5. The west side of the dwelling is partially painted and unpainted. 6. There are large gaps and holes in the eaves and soffit. 7. The exterior wood surfaces have cracked and peeled paint. 8. There are gaps in the concrete foundation blocks. 9. The sidewalk is settled, buck3ed and cracked. 10. The basement window wells are filled with dirt and refuse. ii. The fust floor windows are boazded. 12. The exterior walls are bowed. 13. The chimney has gaps between the bricks, the mortar is cracked, crumbiing, and missing in places. 659 Fdmund Avenue Apri124, 1997 Page 6 Middle Room 60. The carpeting is soiled and rotted. _bi. The linaleum is missing. 62. The walls and ceiling have cracked and peeled plaster and paint. 63. T'he windows are not intact. 64. The window is broken. 65. There are household items, refuse, debris and furniture stored in this room. Kitchen 66. The appliances have been removed. 67. The kitchen cupboards and cabinets have been removed. 68. The wa11s and ceiling have cracked and peeled paint. 69. The ceranuc tiles aze loose, missing andlor poorly installed. 70. The ceiling is collapsing. Bathroom 71. The bathroom has a strong odor of feces and urine. 72. The flooring has been removed. 73. The floor is not continuous nor impervious to water. 74. There is feces in the toilet. 75. The bathtub is not properly caulked or sealed. 76. The window is broken and not intact. 77. The handsink is not properiy installed. . � COURT OF ApPEALS NUMBER CO-97-1383 659 Edmund Avenue _ April 24, 1997 Page ? Note: The water service is off. Living Room ?8. There are numerous household items, refuse and debris suewn throughout. 79. The carpeting is soiled and matted. 80. The floor is soft and spongy. 81. The window is broken and the sash cord is missing. 82. The window uim and windows are ill-fitting. 83. The screens are ripped. 84. The ceiling and walls have cracked and peeled paint and plaster. 85. The wood irim and baseboard etc., have cracked and peeled gaint. 86. The walls and ceiling aze soiled. 87. The floor is soiled. 88. The closet is fuli of household items, refuse and debris. Common Landing Bottom of Front Stairwell 89. T'he floor is soft and spongy. 40. The linoleum is ripped and torn. FirsE Floor Living Room 91. The living room floor is uneven and settled. � � 92. The carpeting is matted, soiled and rotted. �OURT OF APPEALS � V[JMBER CO-97-1383 659 Edmund Avenue Apri124, 1497 Page 9 112. The ceiling tiles aze broken and missing. 113. The ceiling grid work is bent. 114. The walls are buckled and wazped. Kitchen 115. There aze numerous items of food, debris, refuse and household items, etc. strewn throughout. l lb. The kitchen is partially painted and unpainted. 117. The ceranvc tiles ue missing from the wails. 118. The ceiling has cracked and peeled paint and piaster. 119. 11ae wallpaper has peeted away from the walls. 120. The counter tops and appliances aze soiled. 121. The floor is not continuous nor impervious to water. 122. The linoleum is ripped and missing in places. 123. The floor is soft and spongy. Note: There is evidence of a rodent infestation throughout. As owner, agent or responsible party, you aze hereby notified that if these deficiencies and the resuiting nuisance condition is not conected by May 27, 1997 Saint Paul Public Heaith will begin a substantial abatement process to demolish and remove the buiiding(s). The costs of this acdon, including administrative cosu and demolition costs wIll be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Section, 3S0 St. Peter Sueet Suite 300, Lowry Professional Building (612)266-9�01. This inspecrion will identify spec�c defects, necessary repairs and legal requirements to correct this nuisance condition. 5� � i� � � � h` ! �4 F t� �� E C�4 i�� L. Presented By Referred To RESOLUTION C1TY OF SA1NT PAUL, MiNNESOTA Council File # � `�— SYd Green Sheet # � \ \�� WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removat of a two-story, wood frame dwelling and detached, oversized, one-vehicle, wood frame garage located on property hereinafrer refened to as the "Subject Property" and commoniy known as 659 Edmund Avenue. This property is legaliy described as foliows, to wit: I.ot 21, Chute Brothers' Division No. 3, an Addition to the City of Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before April 29, 1997 , the following are the now known interested or responsible parties for the Subject Properry: Johnnie & Kelley Brown, 760� Bristol Village Dr. #102, Bloomington, MN 55438; Fleet Mortgage, 11200 West Parkland Avenue, Dept.663, Milwaukee, WI 53224, L,oan# 8254302; Fleet Mortgage Group, 324 West Evans Street, Florence, SC 29501, I.oan# 8254302. WFiEREAS, 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 April 24, 1997; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuantto Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subjeci Proper[y by May 27, 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 WHEREAS, this nuisance condition has not been corrected and Public Health requested that the Ciry Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Councii; and WHEREAS, the interested and responsible parties have been served notice in accardance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public heazings; and `�,`1— a'�c� WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 1, 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 Sub}ect Property safe and not detrunental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with a11 applicable codes and ordinances. The ret�abilitation or demolitian of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 7uly 9, 1997 and the testimony and evidence including the action taken by the Lzgislative Hearing Officer was considered by the Council; now therefore BE IT RE50LVEA, 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 659 Edmund Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Cflde, Chapter 45. 2. That the costs of demolition and removai of this building(s) is estunated to exceed three thousand dollars ($3,OOQ.QO). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to.the then known responsible parties to correct the deficiencies or to demolish and remove the buiiding(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Aealth has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacanUNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolurion and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: L The above referenced interested or responsi6le parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accozdance with all appiicable codes and ordinances, or in the alternative by demolishing and removing the stmcture in accordance with a11 applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. ��l- � �� 2. If the above corrective action is not completed within this period of time the Pubiic Aealth, 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 incuned against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the Ciry of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department o£: sy: Approved by�t By: � / Date � 13 ��` r �rd� B f�LLU�llS�x�G¢- Porm Approved by C`ty Attorney ' \ By: Approved by yor £or Submission to Counci� � By: � Adopted by Council: Date ° Adoption Certified by Counci S etary �1.�1- � � � os !06A T 97 GREEN SHEET N° I91.15 I CONTAGT PERSON & PHONE INITIAVDATE INRIAVDATE Charles Votel 298-4153 DEPARTMENTDIRE�CTOR — CITYCOUNqL RSSIGN CITYAZ'fORNEY Z /' / CtTYCLERK FUMBEfl FOfl — �f MUST 8E ON COUNqt AGENDA BY �DATE) HOUTING BUDGE7 DIREC70R � FIN. & MGT. SEAVICES �1R. July 9, 1997 ORDEfl �MAYOR(ORASSISTANT) � is TOTAL # OF SIGNATURE PAGES jCLIP ALL LOCATIONS FOR SIGNATURE) ACTIOtS REOUESTEO: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced buildi.ng(s). 2f the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 659 Edmi:nd Avenue. RECOMMENDAT�ONS: npprove (A) or iteject (R) pERSONAL SERYICE CONTRACTS MUST ANSWER THE FOLIOWlNG QUESTIONS: __ PLANNM('i COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm aver worked under a contract for Ynis tlepartmenY? _ GIB COMMITfEE _ YES NO _ STAFF Z. Has this persoNfirm ever been a city empbyee? — YES NO _ o�s'rRiCr CoURi _ 3. Does this OQ�soNfirm possess a skill not normalry possessed by any current city employee? SUPPOflTS WHICH COUNCIL OeJECTIVE? YES N� Ezplaln eil yes answers on separete sheet and attach to graen sheet INITIATING PROBLEt IS �IE, OPPO F TIINiN (Who, Whgt, When. Wh e. Wf� ). This buil�ing(s) is a nuzsance Yiui�iding(s) as defined in Chapter 45 and a vacant building as de£ined in Chapter 43 of the Saint Paul LegislaCive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 659 Edmund Avenue by May 27, 1997, and have failed to comply with those orders. F�� .;�'`"�� , �� '� t� a � �, fa A�VANTAGESIFAPPROVEO. " � B � 4(1lSy The City will eliminate a nuisance. � �� .�� '�2.:�= ;r�:�:.� �� tl� �}��`�� JEIi� � � i�:�� . ---- .__4_._.----�.�_�__�-.-,xr. �ISADVANTAGES IP APPROVEO, 2he City will spend funds to wreck and remove this building(s). These costs will lae assessed to the properCy, collected as a special assessment against the property taxes. OISADVANTACES IF NOT APPROVEO. A nuisance condition wi11 remain unabated in the City. This buildiag(s) will continue to blight the community. I { $7,000 - $8,000 TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CiRCLE ONE) YES NO Nuisance Housing AbatemenC 33261 FUNDING SOURCE ACTNITV NUMBER FINANCIAI INFORMATION: SE%ALAIN) SHAP{RO & NORDMEYER, L.L.P. ATTORNEYS AT IAW T3QQ MEfRO 80ULEVARD, SUITE 390 GEf2ALDM.SHAPIRO' EDINA,MINNESOTA 55439-2306 DAVID KOEISMAN" NANCYA.NORDMEYER LAWRENCE P. ZIELKE 6EfHW.ASMUSSEN DARCY A. W EILER 'licensetl in Illinds aM FbMa "leensetlmlllwisonty August 5, 1997 VIA FA% AND HAND DELIVERED (266-8574) Attn: Dave Thune City Council President City of St. Paul 15 West Kellogg Blvd. - ROOM 310B St. Paul, MN 55102-1&94 q� -ggQ � TELEPHONE (6t2) 831-4060 TELECOPIEA: (6t2) 831-4734 �,",�';�� sa��`. �'a'«€x �� 7 .�'�+"�. ; f:7�( Re: City Council Agenda for Motion for Stay of Enforcement Property Address: 659 Edmond Avenue, St. Paul, MN 55104 City Council No. 97-880 My File No. 97-14997 Dear Councilperson Thune: Enclosed and served upon you via fax and by personal delivery please find Notice of Motion and Motion for a Resolution, City of Saint Paul, Minnesota together with proposed Resolution. As requested in my letter of July 28, 1997, please place me on the City Council agenda. Thank you. Sincerely, .- � �� d- �awrence P. $�e Attorney at Law LPZ:qev cc: Peg Birk/City Attorney, Attn: Stephen J. Christie, Esq. City ClerkfCity of St. Paul John Westrick, Esq. Pam Eder (FLO) Loan No. 82543�2-M �� o Council File #97-880 NOTICE OF MOTION AND MOTION FOR A RESOLIITION� CITY OF SAINT PAIIL� MIlINESOTA TO: City of St. Paul and its Counsel, Peg Birk, City Attorney, Stephen J. Christie, Assistant City Attorney, City Hall, 15 West Kellogq Blvd., St. Paul, Minnesota 55102. PLEASS TAICE NOTICE, that on August 13, 1997, at a time set by the City Council agenda, the undersigned will move the City Council for the following relief: 1. Stay of enforcement, pending appeal, of the resolution to demolish the building at 659 Edmund Avenue, upon the following terms: a. Relator, Fleet Mortgage Corp., shall be responsible for the exterior maintenance and security of the property at 659 Edmund Avenue; And, b. Relator, Fleet Mortgage Corp., will indemnify and hold harmless the City of St. Paul for any tort claims up to the statutory limit of six hundred thousand dollars ($600,000.00), durinq the pendency of the appeal. Said motion is based upon the Writ of Certiorari, represented by a Notice of Case Filing, State of Minnesota, Court of Appeals, Case No. CO-97-1383, a copy of which is attached hereto as Exhibit A; And, upon a companion appeal from Ramsey County District Court, represented by a Notice of Case Filing, State of Minnesota, Court of Appeals Case No. Co-97-1382, a copy which is attached hereto and q�-�g� made a part hereof as E�ibit B. Relator and Appellant Fleet Mortgage Corp. is in the process of moving the Court of Agpeals to consolidate the Appeals for purposes of judicial economy. Said Motion is also based upon all oE the records, Piles and proceedings herein. Lawrence P. Zielke will appear at the City Council hearinq to address the Council, if oral argument andjor presentation is allowed. Dated: August 5, 1997. SHAPIRO & NORDMEYER B , ,�t�ac2 � �` L rence P. Zie] - 152559 00 Metro Blvci.� Suite 390 Edina, MN 55439-2306 (612) 831-4060 S&N No. 97-14997 Attorneys for Fleet Mortgaqe Corp. -2- STATE OF MINNESOTA COtSRT OF APP8AL5 ��-��Q NOTICE OF CASE FILII3G Tria1 Court Case #: Case Type: Agency Review LAWRENCfi P ZIET.xF SHAPIRO & NORDMEYER 7300 METRO BOULES7ARD S`TE 390 EDZNA MN 55439-2306 auc o 4 �ss� °' ' v L.7t} �fn ( ��' ` �JL� Case Title: Fleet Mortgage Corp., Relator, vs. City ot SainC Paul, Respondent. * You are notified that case number CO-97-1383 has been assigned to this matter. Please include this number on all subsequent filings, including correspondence, to this office. Also, glease include your Attorney Registration License number on all filings. The appendix to your brief must have pages numbered consecutively from beginning to end and must contain an index. Failure to comply may result in rejection of the appendix. This office wi11 send notice to the Tria1 Court Administrator when transmission of the trial records and exhibits is required. *** Conformed copiea of writ enclosed. Promptly file affidavits of service upon adverse parties and agency. PURSUANT TO THE COURT'S ORDER, ANY DEFICIENCIES NOTED MUST BE REMEDIED WITHIN TEN DAYS. PAILURE TO COMPLY WITH THIS NOTICE, ALL APPLICABLE RTJI.�ES, COURT NOTICES, AND ORDERS, MAY RESUI,T IIS THE IMPOSITION OF SANCTIONS. . Dated: July 31, 1997 BY 2HE COURT: Frederick K. �rittner Office of Clerk of the Appellate Courts 305 Minnesota Sudicial Center St. Paul, MI�T 55155 r b;-r ,q STATE OF MINNESOT COIIRT OF APPEALS LAWRENCE P ZIELKPs SHAPIRO & NORDMEYER 7300 METRO BQULEVP.RD STE 390 EDINA MN 55439-2306 Case Title: Fleet Mortgage Corp., Appellant, vs. City of Saint Paul, Respondent, a NOTICE OF CASE SILING Trial Court case #: C1976989 Case Type: Appeal from Order � AU� � �� <<�� .�� You are notified that case number C9-97-1382 has been assigned to this matter. Please include this number on all subsequent filings, including correspondence, to this office. Also, please include your Attorney Registration License number on a11 filings. The appendix to your brief must have pages numbered consecutively £rom beginning to end and must contain an index. Failure to comply may result in rejection o£ the appendix. This office will send notice to the Trial Court Administrator when transmission of the trial records and er_hibits is required. PURSUANT TO THE COURT'S ORDER, ANY DEFICIENCIES NOTED MUST BE REMEDIED WITHIN TEN DAYS. FAILURE TO COMPLY WITH THIS NOTICE, ALL APPLICABLE RULES, COURT NOTICES, AND ORDERS, MAY RESULT IN THE IMPOSITION OF SANCTIO23S. Dated: July 31, 1997 BY THE COURT: Frederick K. Grittnex Office of Clerk of the Appellate Courts 305 Minnesota Judicial Center St. Paul, MN 55155 �x�fb��' l3 �1-�BC� Council File # Green Sheet # RESOLIITION CITY OF SAIDTT PAIIL� MIN2IESOTA Presented by Referred To: Committee: Date 1 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 27 2s 29 30 31 32 WSEREAB, the Court of Appeals has issued a writ of Certiorari to the City Clerk of Saint Paul regarding Council File No. 97-88� regarding the demolition of 659 Edmund Avenue and has the authority to stay the enforcement of the council resolution to protect the subject-matter of the appeal pursued by Fleet Mortgage Corp., and wHEREAS, the same realtors have also filed a motion before the City Council requesting a stay of execution of the resolution, and FTHEREAB, the Court of Appeals may well remand a certiorari appeal back to the City Council to impose reasonable terms and conditions of a stay pending appeal and the City wishes to avoid any further delays in the abatement action, and WHEREAS, Fleet Mortgage Corp. has agreed to indemnify the City of St. Paul for any tort claims during the pendency of the appeal; now, therefore, be it RESOLVED, that the City Council will stay enforcement of its resolution to demolish the building at 659 Edmund Avenue upon the followinq reasonable terms and conditions which it finds will adequately protect the health and safety of the citizens: First, the relator Fleet Mortgaqe Corp. shall be responsible for the exterior maintenance and the security of the property at 659 Edmund Avenue; and, a�-�g0 � 2 3 4 Second, the relator Fleet Mortgage Corp.-wi11 indemnify and hold harmless the City of St. Paul for any tort claims up to the statutory limit of six hundred thousand dollars ($600,000.00), during the pendency of the appeal. Adopted by Council: Date Adoption Certified by Council Seczetzzy ay: Approved by Mayor: DaLe Request by Department of: Fublic Health Bv: Form Approved by City Attorney Approved by Mayor for Submission to Council By: n}.: 07/28/97 15:2B F.93 6128S1d±5A SH.�PIRO-NORDMESR " SHAP3RK} & hSORgMEYER, L.L.P. x�vsivu�w Tj7p NE'�AG Bd.AEVMO St7;'�E S� GEAA1-DliS7AP6t0' EQINA. M1fCh'ESCTA SS�39•2306 �A1RO IQ;E756lAPI" NkNCY A NOMlIEI'EA LftWFB7CEP.ffii11� 8ET}IIT.A$LSU�.+EJ3 DAACR G.�IEII.Eft M1kxa�nro�mbrdfMb. �WewlbID�oYrnd' Jul� Z8� ZQ}� Attn: nave Thnne City caunciS President City oY St. Paul 15 West Kellagg Blvd. - ROOM 31aB St_ �aul, T�i 55182-1694 Re: F1eet Mortgage Coxp.. v. Cit� of St. CotLrt File No. C1-97^6989 Propertp Address: 6a9 Edmand Avenue, Loan No. 8ZS4302-M piy File No. 4?-14997 D2dT Mr. TRune: Paul � 003�00� ��-�g� 7HL�PHat�E (fit2S �-�0 7FLECOPIFA (652) B3i�734 St. Paul, MN 551iJ4 This is a farmal request to appear on the City CounoiJ. agenda for August 13, 19s7, to fox�mally seek. a stay of demolition of 659 Edmond a+venue, pending ay�p�al to the Court of Appeals of the City Council resolution ordering c�emoli�ion o£ the building. Fnrmal motion papers wiil fallow. z£ you hav� any qvestions conaerning this request, I trust that you will contact Mr. C'hristj.e at the City Attorney's office. Thanlc you. . � S � P. 2ri lke at�i�w LPZ:gew cc: Stephan Christia Assistant city Attarney Alice M. RadgersJPropertp Preser9ation (FLO} Loan ldo. 8254342-M SAINT PAUL PUBLIC HcAL7H Nea! Ho(1an, MD., M.P.H., Disector � L -� �� CiTY OF SA1NT FAUL NUISANCE BUlIlJI.YGS CODE Norm Coteman. Mayor ENFORCEMEM SSS Cedar Sveet Saint Paul, M1J 55107•21b0 i 3une 6, 1997 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council 611-198-4l53 Saint Paul Public Health, VacantlNuisance Buildings Enforcement Unit has requested the City Council schedule public heazings to consider a resolution orderin; the repair or removal of the nuisance building(s) located at: 659 Edmund Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing -�'uesday, July 1, 1997 City Council Hearing - Wednesday, July 9, 1997 The owners and responsible parties of record are: Name and Last Known Address 3ohnnie & Kelley Brown 7600 Bristol Village Dr. #102 Bloomington, MI�T 55438 Tnterest Fee Owner Fleet Mortgage 11200 West Pazkland Avenue, Dept.663 Milwaukee, WI 53224 Loan# 8254302 Fleet Mortgage Crroup 324 West Evans Street Florence, SC 29501 Loan� 8254302 Mortgagee Mortgagee F...;..-� ' � �.':`.? aa�'sa"li� , _ .. ._ . ��:�;�� _,.�-.�,.,: � �� - �� 659 Edmund Avenue June 6, 1997 Page 2 The legal description of this properry is: Lot 21, Chute Brothers' Division No. 3 an Addition to the City of 5aint Paul. Saint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Pubiic Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buiiding in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be coliected in the same manner as taxes. cerely� rt ' `� � �.�1 Reneta Weiss Program Supervisor Vacant/Nuisance Building Unit 5aint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Aan Pahl, PED-Housing Division 01-93 SUMMARY FOR PUBLIC HEARING 659 Edmund Avenue I.egisIative Hearing - Tuesday, 3uly 1, 1997 City Coun�il - Wednesday, July 9, 1997 The building is a two-story, wood frame dwelling wiffi a detached, oversized, one-veIucle, wood frame garage on a lot of 4,96Q square feet. According to our files, the dwelling was condemned in Tanuary 1 997 and it has been vacant since February 1997. The cunent properry owners are 3ohnnie & Kell rown ner Ramsey County Property Records and Revenve. The� owneis�.ntend to rehabilitate ffie dwelling There have been six (6) SLTMMARY ABATEMENT NOTICES issued to: remove refuse from the yard, cut grass and weeds and immediately secure the dwelling. There has been one VEHICLE ABATEMENT issued, On April 17, 1997 an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TO ABAT'E A NUISANCE BUTLDING was issued on April 24, 1997 with a compliance date of May 27, 1997. As of this date this properry remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant $uilding registration fees are due and owing since February 1997. Real Estate taxes are paid. On May 6, 1997 a Code Compiiance Inspection was done. (attached) As of July 1, 1997 the $2,000.00 Bond has not been posted with the Suilding Inspecdon Department. Code Enforcement Inspectors estimate the cost to repair this structure is $35,000. The estimated cost to Demolish is $7,390. The Public Heaith Resolution submitted for consideration ordets the property owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes Public Health to demolish and assess the costs to the property. � CITY OF SAINT PAUL Norm Coleman, Mayor May 7, 1497 Jotmnie & KeI1y Brown 7600 Bristoi Village Drive #102 Bloomington, MN 55438 Re: 659 Edmund Deaz Property Owner: OFflCE OF UCENSE, INSPECTIONS AND ENV(RONMENfALPROTECTfON Robert Kesster, Disector LDWRY PROFFSSIDNAL &UtLDtNG Suite 300 3S0 St Peter S:�eet SairttPaut, Mirtrsesara 55t02-f510 7'elephone: 672-166-9090 Fauimile: 6I2-166-9049 bl1-266-91 N Pursuant to your request 659 Edmund was inspected May 6, 1997 and the following report is submitted: BUILDING: i. Insure complete floor in cellaz. NOTE: Celiar fuli of debris and could not be properly inspected. 2. Repair hatchway opening. 3. Repair or replace walls and ceilings as necessary throughout. 4. Replace ail walls, ceilings, floors, floor covering, trim, etc. that are ill-constructed and construct all in a workman like manraer and complete. 5. Repiace wali that has been removed between Farst Floor front porch and living room or � must be constructed to code. 6. Replace deteriorated floor below tile First Floor bath. 7. Repiace or provide new floor covering throughout as at is open, badly soiled and ill- fitting or missing. 8. Repair hatchway to cellar. 4. Repair or replace deteriorated or missing trim, s�ffit, facia, frieze boazd, etc. 10. Replace deteriorated rim joist as necessary. 11. Replace broken oz missing siding. 12. Tuck point foundation. 13. Tuck point chimney. 14. Replace deteriorated ill constructad rear step landing to be structurally sound, uniform, etc. 15. Repiace damaged roof covering. 16. Repair fencing or remove all. 17. Provide complete repair of gazage (siding, roof covering, doors, trim, etc.). May 7, 1997 Page 2 Code CompIiance Inspection Report RE: 659 Edmund $UILDING: (continued) 18. Provide hand and guazd rails a11 stairways and steps as per aitachment. 19. Provide thumb type dead bolts for all entry doors. 20. Repair or replace any deteriozated or missing window sash, broken glass, sash holders, etc. as necessary. 21. Provide storms and screens complete and in good repair for all door and window openings. 22. Pregaze and paint interior and e�rterior as necessary (take the necessary precautions if lead base paint is present). 23. Provide general clean-up of premise. 24. Provide smoke detectors as per UBC. �LECTRICAL: aseme t 1. Install jumper around water meter. 2. Install connectors on romex at service. 3. Install I S AMP breakers on #14 wire. 4. Replace damaged romex and strap romex to code. k'irst Floor 1. Move bedroom light box down flush with ceiling. 2. Ground bathroom light. 3. Repair G.F.C.I. outlet. Gara. e�- (Lockedl 1. Remove or re-wire all improper wiring. 2. Re-wire feed to code or remove. eral l. Install outlets and lights per Bulletin 80-1. 2. Ground a113-wire outlets. 3. Correct reverse polarities at outlets. 4. Repair al1 non-working electrical devices. 5. 12eplace all broken or missing eIectricai devices. 6. lnstall smoke detectors per U.B.C. PLUMBING: 1. First Floor - lav, kitchen sink and laundry tubs are not vented (duct tape on plastic pipe, etc.). Install all plumbing and gas piping as per code. HEATING: � 1. Clean, ORSAT test and check all safety controls. 2. Test heat exchanger. 3. Install combustion air. May 7, 1997 Page 3 Code Compliance Inspection Report RE: 659 Edmund �ATiNG: (continued) 4. Clean combustibies from azound fumace. 5. Provide heat Second Floor. ZOl�Nr: This property was inspected as being a single family residence. �tOTES 1. See attachment for permit requirements. 2. This property is designated by the Heath Aepartment as a Category #3 which requires a$2,000 Performance Bond or Deposit at the time the permit is issued. Sincerely, �� „� s�-�, Donald F. Wagner Building Inspector DFW:aw attachment � ��'�� MINUT'ES QF LEGISLATIVE HEARING July 1, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Wiliits, Public Health Gerry Strathman calied the me�ting to order at 10:02 a.m. Summary abatement appeal for 9Q0 Carroll Avenue; Amedia LaFond, appellant No one appeazed; Gerry Strathman recommended denial of the appeai. 2. Summary abatement appeal for b94 Jenks Avenue; Laura Emerson, appellant. I3o one appeazed; Gerry Suathman recommended denial of the appeal. 3. Vehicle abatement appeal for 656 Short Street; Taza Fohrenkamm, appellant. No one appeazed; Gerry Strathman recommended denial of the appeal. 4. Resolution ordering the owner to remove or repair the referenced building, located at $5 Litchfield 3treet. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. (Rescheduled from June 25 Legislative Hearing to July 1 Legislative Hearing per City Council). Chuck Votei presented photos and reported the property is in the process of mortgage foreclosure, it will take $20,000 to repair it, and it was condemned in 3anuary of 1997. This property was previously laid over by Councilmember Coilins. No one appeared; Legisiative Hearing Officer recommended approval of the Public Health order. 5. Resolution ordering the owner to remove or repair the referenced building, located at 1147 Virginia Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Rescheduled from June 25 Legislafive Hearing to 7uly 1 Legislative Hearing per City Council). Margaret and Norman Jones appeazed and stated they live neact door to this property and it is not being maintained. Chuck Votel presented photos and reported his office has not been able to contact the owner, fees aze unpaid, and property repair could be up to $60,OQQ It would cost $5,000 to $6,000 to demolish it. a -��o Legislative Hearing Minutes July 1, 1997 Page 2 The owner did not appear; Gerry Strathman recommended approval of the Public Hea.ith order. 6. Resolurion ordering the owner to remove or zepair the referenced building, located at 477 Curtice Street East. If the owner fails to comply with the resolurion, PubIic Health is ordered to remove the buiiding. Lloyd Rabanus, representing owner, and Wally Nelson, prospective buyer, appeared. Chuck Votel presented photos and repozted the house has been vacant since June of 1996, there aze three summary abatement notices, hvo cita6ons issued, the City has secured the building against trespass, real estate taxes have not been paid, and no bond has been posted. The cost to repair the building is $50,000. WalIy Nelson asked what he had to do to keep the property from being tom down and stated he has a closing date of July I S on this property. Mr. Strathman informed Mr. Neison that the $200 vacant building fee has to be paid, a code compiiance inspection has to be done, and a$2,000 bond needs to be posted. Mr. Strathman suggested Mr. Nelson do what he can and then attend the July 9 Council meeting. Chuck Votel explained to Mr. Nelson that he may not be able to post the $2,000 bond uniess he is the owner. Gerry Strathman recommended approval of the Public Health order. 7. Resolution ordering the owner to remove or repair the referenced building, located at 806 A��te Street. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. Betty Asmussen, attorney for Equi Credit Corporation, and Pat Donohue, Realtor for Equi Credit Corporation and mazketing the property, appeazed. Chuck Votel presented photos and stated the house has been vacant since December 1996 and is currently for sale. The vacant buiiding fees and reai estate ta�ces aze paid. The cost to repair the properiy is $35,000. The cost to demolish it is $8,100. Beriy Asmussen stated Equi Credii is requesting 4-6 months before the city demolishes the properry. There is a person interested in purchasing it. Equi Credit has been maintaining the grass and the properry is secure. They prefer to seil "as is" to a prospective buyer. Pat Donohue stated the buyer is a contractor. Gerry Sttathman stated the building has been vacant for s'vc months and has been declazed a nuisance. If a buyer is prepared to post a bond, the City is prepared to give the buyer more �t.�l - �° Legislative Heazing Report July 1, 1997 Page 2 8. Resolufion ordering the owner to remove or repair the referenced building, located at 0 at Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 9. Resolution ordering the owner to remove or repair the referenced building, located at 5$,�5 Woodbrid e Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the structure to January 1, 1998 if a$2,000 bond is posted by noon on Jufy 9, 1997. 10. Resolution ordering the owner to remove or repair the referenced building, located at ¢S,� Edmund Avenue. Tf the owner fails to comply with the resolution, Public Health is ordered to remove the buiiding. Legislative Hearing Officer recommended approvai and amended the date for repair or removal of the structure to January 1,1998 if the vacant building fee is paid and a$2,000 bond is posted by noon on 3uiy 9,1997. �1'O�d Legislative Hearing Minutes July 1, 1997 Page 3 time. Mr. Strathman suggested talking to Councilmember Collins and attending the July 9 council meeting. Gerry Strathman recommended approval of the Public Health order. 8. Resolution ordering the awner to remove or repair the referenced building, located at $55 Woodbridge Street. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. John Nelson and Steve Johnson appeazed, Chuck Votel presented photos and stated there aze four summary abatement notices on the property, the City has had to board this building to secure it against trespass, the vacant building fee is paid, and the real estate taxes are unpaid. The cost to repair this building is $35,000, The cost to demolish is $6,600. John Nelson stated he purchased the properiy to rehabilitate and occupy. FIe would like to move in by winter. Mr. i�ielson asked was there any way to get azound the $2,000 bond to buy windows and doors instead. The grass is cut and the building is secure. Mr. Nelson has been at the address everyday. Steve Johnson stated he has known John Nelson for 20 years. Mr, Nelson does good work and plans to redo the entire house. Gerry Strathman stated the $2,000 bond should be posted by noon 3uly 9. If that is done, Mr. Strathman stated he will recommend 180 days to bring ihe properly up to code. Mr. Strathman suggested Steve Johnson attend the Council meeting on Juty 9. Gerry Strathman recommended approval of the Pubiic Health order, and amended the date for repair or removal of the structure to January i, 1448 if a$2,000 bond is posted by noon on July 9, 1997. 4. Resolution ordering the owner to remove or repair the referenced building, located at ¢,_59 Edmund Avenue, If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel presented photos and stated the building was condemned in January 1997. The basement is full of gazbage and there is severe structural distress. However, the ta�ces are paid and the owners got a code compliance done. ��` , Legislative Hearing Report July I, 1997 Page 4 No one appeared; Gerry Strathman recommended approval of the Pubtic Health order and amended the date for repair or removal of the structure to January 1, 1998 if the vacant buiiding fee is paid and a$2,Q00 bond is posted by noan on July 9, 1997. 10. Summary abatement appeai for 1457 Hazelwood Avenue; Donald Eyinck, appellant. Dona3d Eyinck requested S weeks to work on cleaning the azea. Gerry Strathman viewed photos and stated the items in the yard are a pubiic health hazard. Rodents may be living in the brush. C,erry Strathman recommended denying the appeal but al]owing the owner until August 1, 1997 to take care of the problem. Gerry Strathman adjourned the meeting at 11:04 a.m. � GERALD M.SHAPtR�• DAVID KREISMAN" NANCYA.NORDMEYER LAWRENCE P. ZIELKE eETt4 W. A$lhUSSEN DAACY A WEILER -ix.,�w w wNa..m m.a. 1k�m.EMNtim�ceny 3uly 18, 1997 SHAPIRO & NORDMEYER, L.L.P. FT70RNEY5 AT U�.' 730D NE?RO BOULE�ARD, SU1TE 390 EDINA, MINNESOTA 55<39-2306 TELEPHONE: (61� 837 -bD60 TELECOPoER: (612) 83b4734 Ramsey County District Court Administrator Ramsey County Courthouse 15 West Kellogg Blvd., Suite 600 St. Paul, MN 55102-1694 Re: Fleet Mortqage Corp. v. City of St. Paul Loan No. 8254302-M - My File No. 97-14997 Dear District Court Administrator: . RECEIVFp JUC 1 g 1997 CITY �LERK Enclosed for filing please find the following: 1. Summons, Complaint with Exhibits; 2. Memorandum of Law; 3. Proposed Order; 4. Filing Fee oi $132.00; 5. Notice of Motion and Motion; 6. Affidavit of Lawrence P. Zielke. Sincerely, Lawrence ?. Zielke Attorney ac Law LPZ:gev Er,closure cc: Shirley Sailors (HUD) F.liA No. 271-?7°.9732 City of St. ?aul and Attorney ��pt�i1C� ?.�rz��Ci� d•��i� t� � 'l'�� ti �d .JU L. ��'� b A1ice Rodqers (rL0) Loan No. 82543G2-M STATE OF MI23NESOTA (� D=STRZCT COIIRT COIINTY OF RAM3EY 1��C� ��,(L�� a,�� `}� SECOND 3[7DICIAX. D28TRSCT F1eet Mortgage Corp. Plaintiff, File No. vs . SI72�A50NS The City of Saint Paul, Defendant{s). THE STATE OF MIZIL•IESOTA TO THE ABOVE-23AMED DE�ENDANT: YOU ARE HEREBY 5172�1oNED and required to serve upon plaintif£'s attorney, within 20 days after service of this Summons, exclusive of the date of service, an Answex to the attached Complaint of the plaintiff, which Complaint is on file in the O£fice of the above- named Court, which Complaint is herewith served upon you in accordance with the Rules of Civil Procedure of the State of Minnesota. The object of this action is to enjoin a condemnation proceeding. If you fail to answer the Complaint within the time aforesaid, judqment by default will be taken against you �or the relief demanded in said Complaint, together with plaintiff's costs and disbursements. This action involves, eifects or brings into questions real property situated in tne CounLy of Ramsey, Sta�e of Minnesota and legally described as follows: Lot 21, Chute Brothezs' Division No. Three (3), an Addition to the City of Saint Paul. Dated: July 1^0, 1997. SHAPIRO & NOI2DMEYER i -; � By: , Lawrence F_ Zielke - 152559 Pttorney for Plain�iff 7300 Metro Blvd., Suite 390 Edina, MN 55439-230b (612) 831-5060 97-14997 STATE OF HI23NESOTA CDL3NTY OF RAMSEY Fleet Mortgage Corp., Plainti£f(s), V5. City oP Saint Paul, Plaintiff for Defendant(s). its Complaint Defendant(s), alleges: I. DISTRICT COIIRT SECOND 3IIDICTAL DISTRICT CASE Tl'PE TE21: IXJIIDiCTION Eile No. COMPLAINT against the above-named Fleet Mortgage Corp. is a corporation organized under the laws of the State of South Carolina and is a mortgage lender authorized to conduct business in the State of Minnesota. T=� That Fleet Mortqage Corp. is tne assignee oP Midwest Mortgage Corporation, the original mortgagee on �ha� certain mortgage given by Johnnie M. Brown, single and Ke11y E_ Brown, .7r., single, to Midwesi Mor�gage Cor�oration, dated December �l, 1989 registered March 8, Z990, in the Office of the Ramsey County Registrar of Titles as Doc. No. 91675S. zzz. That said nortgaae was an encunbrance upon the following legally described property: Lot 21, Chute Brothers' Division No. Three (3), an Additian to the Citv of Saint Pau1; this property is commonly known as: 659 Edmond Avenue, St. Paul, MN 55104. IY. That said mortgage will foreclosed by advertisement pursuant to a sheriff's mortgage foreclosure sale to be held on August 27, 1997 at the Ramsey County Sheriff's Office, and a true and correct copy of the "Notice of Mortgage Foreclosure Sale" is attached as Exhibit A hereto. l�! That the six month statutory redemption may not be reduced to five weeks as allowed by Minn. Stat. §582.032, because the mortgage pre-dates December 31, 1989. vz. That this is an FHA insured mortgage, FHA No. 271-4799732, and Fleet Mortgage Corp. will ultimatsly convey this prooerty to the Secretary o£ Housing and Urban Develonment pursuant to a li:aited warranty deed, if no redempLion occurs. vII. Tha� rleet Mortgage Ccrp. paid the $200.00 "vacan� building" fee ,7uly 9, 1997, and tne building annears to have been abandoned by the fee owners, Johnnie M. Brown and Xelly E. Brown, Jr. -2- va=a. That the City of Saint Paul has instituted a condemnation proceeding relative to the subject-matter premises located at 659 Edmond Avenue. z�. The City Council ordered that the property be demolished at it's July 10, 1997 City Council meeting, after a"15" day period, which will expire July 25, 1997, pursuant to "Resolution" attached as Exhibit B hereto. X. That Fleet Mortgaqe Corp. and its insurer, the 5ecretary of Housing and Urban Development, will be irreparably damaged by the demolition of the subject ma�ter premises. xs. Because P1eet blortgage Corp. andJor the Secretary of Housing and Urban Develop-�en� 3o no� yet nold fee title, Fleet Mortgage Corp. and/or i�s inserer do not :ave �ne abili�y 4o make the necessary chznges and/or =:aorovements to become code compliant. xz2. tibon information and belief, F1eet Mortgage Corp. has secured ar.d win�erize3 the prooerty pursuant to federal regulations issued by the Secretary of Housing and Urban Develonment. -3- WHEREFORE, Plaintiff prays for an order temporarily restraining and/or enjoining the City of .Saint Paul from demolishinq the property for a reasonable period of time to. allow Fieet Mortgage Corp. to convey the property to the Secretary of Housing and Urban Development, or in the alternative to bring the property into code compliance, and for such other and further relief as the Court deems just and appropriate. Datec'1: Ju1y 1&, 1997. SFiAPIRO�& NORDME ER , ,/ � J � � `. sx��ti�lu.;; ��-� �%' Lawrence P. Zielke - 152559 , .Attorney for P1a3ntiff 7300 Metro Boulevard, Suite 390 Edina, Minnesota 55439-2306 (612) 831-4060 97-14997 The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn_ Stat., Section 5�9_21, Subd?vision 2, to the party against whom the aliegations are asserted. �. � . " \; ! ., �. Lawrence-P. Zielke -�;- . : { . , ... NOTICE OF MOR7GAGE - . � ' FORECLOSVRE SALE - . � � ' , . - ' TRE ASGBT 70 VERIFICA?IDN OF TRE ;': .:::�.:� _'.=� - . , . ." � - _ - ' . : DEBT AND IDEHTITY OF T �PROYID£D :�'.'�_;.: -��.: . . � � � � . ' - ; CR£D320R WISAIN TFiE TSMS . � � ; . �. . . , � � � BY LAW IS NOT AFFBCTED BY 2HIS ..?=,:� '� -.' . _, _ , . . : ACSION. � ' , ' , ' .. _ � • ' ' N�?ICE IS HEREBY GIVEN. [hat detault . � .. - ' � - - • has ocevrrcd Sn the condltfons ot the . ' . � � . _ - � �'foilowing described mortgage: :. •.. � . - -_ - • DATE OF MOATGAG£: Dettmbcr 21. �.:.. �- "' : . _ -- -- - '��1989 . ': . . _ . . � � - � � � pRIGiNAL PRSNCSPAL AMOUNT OF� �' , .. _ .. � - : : :;.: . � . , MORTGAGE: 537.150.00 . ' - � = � MOR7GAGOR(5�: Johnnt< M. Srown.. .._ � - - . -= single and Kclly E. Brown. Jr., Stnglc � � � � �� ' ' - - - " ' • . � ' � MOR7GAGEE: Mldwcst Mortgage, : - .. ' - - ' - _ "� Corparation , _ " � ' ' ' � � � � • DATE AND PLACE OF ftEG1S7ERfNG ON . . . . � � , . . , . ' . � ` RE6ISTERED LAND: Registtted Marth e. � _ , . � � ' � � 1990. Ramscy County Rcgisczar aC TLUcs,'�� . _' . . � : . . " � � • ' ' DocumcntNo.916758 �� . . � � � . . ' ASSIGNMEKTS OF MORTGAGE: � . � � � Asslgncd to: TCF Moztgagc Corporatlon � Datcd: Dc[cmbcY 21, 1989. Regts[crcd: March 8, 1990. Documcnt No. 916759. ' - � � ThcreaftcY azsigr.cd to: Flcc[ Mortgag< Cofp., , ' � Datcd: January 5. 1990, Rcgistcrcd: Mazch 8. ' �.. . i 1990 az Documca[ No. 916760. _ ' � � � • ' ' ' LEGAL DESCRIPTION OF PROPER'fY: � � - � ' ' � ' � - Lot 21, Chutc Brochcrs' Divlsion No. Thrcc (3). xn AdC:tion co thc CSty of Saint P2u1 COUPTY IN WHICH PROPERTY IS LOCATED:Ramsey AMOUNT DUE ANO CLAIMED TO BE DUE AS Or DATE OF NOtIC°. IhCLUDING TAXES, IF ANY, PAID BY R20RTGAGEE: 556,984.37 THAT ali pre-Corcclosure r<auirc:acnts ha�•c bcrn conplSCd with; that no actlon or nrocecding has becn instituc<d zi Law' or . . . o[huwisc m recC�'4 the debC seCU:ed by said ':-. ,• ,^.tortgagt. ot z�y ?ut thercof: :'= , PLRSUANT. to the poa•c: of sale �;:` �' con[ained ia said ^o:ig�g<. thc aCov< '. dcsc:ibed propc.^.y will bc soia by thc SSC ��t � of sald countp as folloa�s: " DhTE eL\D TI.Vi£ OF 5�!-: A::gus: =., - 1997, 10:00 A.>i. ' • ?LACE OF SALE: ShcitPs Diaia O:ficc, � 1s W esc x<ttogg 9t. d.. st. ?aul. �4N .. . . .o pay the Ccbt secnrcd by sasd mo:tg2gc �� aad caxcs, ff a.:y. on said p:=^�scs and �he > costs and dss5crserncnt5. induLing atmrncys �� _ . i<cs zllowcd 3y law, suSjccc :o :cdcmptlon . w]th3n sis months Cror.v .•`•� dam ot said '. sale by :h< mcr;gagor(s} :heir pr.sor.al ' . . rcprescnta:mcs o: zssigr.s. Da:cd: luly ^_. 1997 r^L°_ET ?10ft: GAGc COftP. Asstgncc of ?torga�ec SHAP[Rd & \O�D'dEY=R. rB�CY A. `�OftO�t�YER. L.A\4R.=,\C: �. ZlrLli=. A[mrncys tor .?ssigac= of 1Sortgagec. 7300 hitL-o 5::'d.. Sw[e 390, cG:aa.>fti �3439-2306 {612) 831-t06Q THIS IS .LV ATTESIPT TO COLLECT � , DEST AZQD A-i =' II'�FOR4IATIOti OST-4LtiEIJ WiLL B£ li5E'J FOA :x-�1T ��RPOSE. fJuh• g,».19-?5.?.uH. ��9) = c - - ST. P.3liL LEG.jL LEDGER = _ � _ � � Yti- S7ATE OF MflNNESOTA ) COUNTY OF RAMSEY ) ss. CITY OP S7. PAUL ) 4, Frances Swansan, Deputy City CterK of the Cify of Saint Paul, Minnesota, do hereby certiiy fhat 1 have oompared the aitached copy of Covncii Fite No. 97-880 as adopted by the City Councit on July 9, 1997 and approved by the Mayor on ,1uly 13, 1997 with the original thereof on fiie in my office. 1 further certify that said copy is a true and correct copy of said original and the whoie tfiereof. Wl i NESS, my 3�and and the seal of the Ciiy of Saint Paul, Minnesota this 16th day of Juiy 1997, �� (', `�t ri Jl,' S�1,�� -v- � (t.lJ. ) � DEPUTY CITY CLERK �n �:. � � '� � QC�I��i�v� Pzesented By Referred To RE50LUTl ON C{TY OF SAINT PAUL, MINNESOTA coun�il File n Green Sheet n �`�1 SCY� \�`�S VdI-IEREAS, Public Health has requested the City 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, oversized, one-vehicle, wood frame garage Iocated on_property hereinafter referied to as the "Sub}ect Property" and commonly known as 6�9 Edmund Avenue. This property is IeQally described as follows, to wit: Lot 21, Chute Brothers' Division No. 3, an Addition to the City of Saint Paul. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by. Public Health on or before April ?9, 1447 , the follo��.�in� are the no��.� l:nown interested or responsible pazties for the Subject Property: Johnnie &?Celley Brown, 7600 Bristol VilIase Dr. n102, Bloomin�ton, MN 55438; Fleet Mortga�e, 11200 West Parkiand Avenue, Aept.663, Miiwaukee, ��'I S.i22^, Loan� 82�4�02; FIeet b'Iort�age Group, 324 ��est E��ns S�reet, Florence, SC 29501, Lo2*.'i;` 825^—.302. �VHE12E.4S, Pubiic Healrh has served in accordance ��;th the pro��isions o; Ci;a��°_r =� oi �h� Saint Paul L °OSSl ative Co�e aa o:der idencified 2S a� "Order to .��iDBIZ �U7SciiC° �llil�1:?E!�}�� Ca;�Q .4pri1 2=, 1997; 2ne �1'�'1.C.icL.�S. Lf!!S OiC�.' :IlIOIi71°ff t�� .nen kno��n in�ere 6C r�S � ?:." _ DOII_1Dle D$�IES i. i iPE st;�acmr loc2ted on the Subject P;openy is a nuisanc� ouildin�(s) pursuznt to Chapt_r ".�; �r.d �i'HEREAS, this crde; in�o��..ed �he incerested o: resao, sible panies that �hey �_:us: r:pair or den�lish the strucmre located en �he Suoj�ct Prope:�y bt� :�?av 27, 1497; and SyHE?ZEAS, tl:e e:.;o:c�:r.ent o�.'�cer has posted a p!acard on t'�z SLO;�ct Pre�e:;�� ceclarir.�_ this building(s) to cor.sd �:e a nuisar.ce eond•,tion; subject co demo!ition: and WFiEREAS, chis ::aisar.ce cor.di�ion has not been correcced and P�1L:ic i�ealth req��es�e� tiiz� :he Ciry Cleri: schedule pn�lic nearin�s before the LeQislati�e Hearin_ Ofii�er oi �i:: Cir, Cour.c;l and the Saint Paul Ciry Councii; znd 1'1HEREAS, c?:e ir:�e:esced zr.d r�sponsible pa;ues ha�e oeea served notice in �cce:dance wich the provisions of Chzpter =`� of �he S2in( Paui LeRisiaci��e Code, oP the r,me, dzce. �i�ce zr,d gu�ose ei che public hea:inas; and `l.�l — a'� WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 1, 1997 to hear testimony and evidence, and afrer receiving tes[imony and evidence, made the recommendation to approve the request to order the interested or responsible panies to make the Subject Properry safe and not detrimentaI to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this swcture in accardance with all applicable codes and ordinances, or in the alternative by demolishing and removing the suucture in accordance with all applicable codes and ordinances, The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and � . WHERF_IiS, a hearing was heId before the Saint Paui City Council on Wednesday, July 9, 1997 and the testimony and evidence in�luding the action taken by the L.egislative Hearing Officer was considered by the Council; now therefore BE IT RE50LVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint PauI City Councii hereby adopts the folIowing Findings and Order concernin� the Subject Property at 659 Edmund Avenue: 1. 'I'hai the Subject Pzoperty comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 4�. 2. That the costs of demolition and removal of this buiIdin�(s) is estimated to exceed three thousand doltars (S3,OOQ.00). 3. That there no�v exists znd has existed multiple I-Iousing or Buildin� code viola[ions at the Subject Property. 4. That an Order to Abate ?�uisance Building(s) was sent to the then I:nown responsible parties to correct the deiiciencies or to demolish and remove the buildino(s). J. TR2C LfIZ d e:iciencies cz��sir. i his nuisance condition have not been co;recte 6. Tna[ Duoiic Health hzs �ested a alzcz;d on :he Scbject Prep�r}� �vhicn eectares it _o D8 2�LiS2i)C� COIIdl(ICi! S1D1°C*. IO C°P,lO�IClOi1. /. T!:�i :P7`> ^L'1;�1R°_ R.�.S C��Il i0:+?; monitar Dy ch� �'acaat/:�uisanc Rll11Ci7�S Cee� �n;o,cement Pro�,�:r�. S. Tae.� �^e u�o�cn inte*�s:ed �zrues and o�vners are as pre��ioesly stz[ed ia this resoluc+.e� an� that the ret;i:estion reauir�men;s oi Chapcer 45 have been fuiiiiled. ORDE� Tne Saint : aui C;r; Counci] ; e-eo�� maties �h•� ;oilo«in� order: I. Tne abo�•e r��e:e:,ced ir.�eres�ed er :espor.ci�le part;es shall n�a!:e the Subject P:opery safe 2ne :�ot deir:mencal to the nuo:i� peace, health, saiety an� �aelfare and remove its bliant;r.3 IF7IIL'�:1C� 0:7 C:1' COI^1]iUP.l[V b�' C�.^.3D:Ilt2i1.^.� LG3S Siit1CCLLC 3AC1 COZi�CPIl� 311 C�eT1C:e�CIC'S 8S Dresc:ibed in che abo��e reierer.�ed O;cer to .�bate \uisance Building(s) in accordance �z�idi 3�� 2DD�1CcD!: COG �T-'i� OLG]^3:;��. Cf lII �ne aJterna�ive by demolis; ID_°_ and removing CI1c= struc��re in zccore2nc� `�•ich �li a��lic�ble codzs and ordinances. Tne :enaoilita[ion or ��T:OIICIC:1 cP.d i�.fi0\'21 Ci t�?? c;,^.��;l;re ,;;ust be cor,:pleted ��ith;n rifreen (l�j da}�s after �h dz[e oi [i:� CoLr.cil Hearin�. ��l - � �° I 2 3 �4 5 6 7 8 9 10 11 12 13 2. If che abave corrective action is not completed wichin this period of time the Public Health, Code Enforcement Program is hereby authorized to tal:e whatever steps are necessary to demolish and remove this suucture, filI the site and charge the costs incurred against the Sub}ect Property pursuant to the. provisions of Chapter 45 of the Saint Paul Txgislative Code: 3. In the event the building is to be demolished and removed by the City of Saint PauI, all personal properry or fixtures of any kind which interfere with the demolition and zemoval shall be removed from the properry by the responsible parties by the end of this time period, If alI personal property is not removed, it shali be considered to be abandoned and the Ciry of Saint Paul shall remove and dispose of such property as provided by law. 4. Tt is further ordered, tha[ a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the SainT Paul Legislative Code. =-- ssc<_� ---_c-.=-= -=� s�� : /� �ti,,:�f i��`' z�� - __._� �y . � � �'� 3 �a� � E�-t' l%.�l�l.�/i ?c_� __roved by c:_.. �___.- - - .�w-�... � --- ___� cv . :cr =�_ 5��...:_=s_oa to . ��c:lr . _ � f�� _ - _ __. : cc�.._zi. �a_e � \ G 199�`1 ' _-"'-✓�''-=_-�--� �_� Cc�-c_' Sr\ et' . STATE OF MINNESOTA COIINTY OF R21M3EY Fleet Mortgage Corp., Plaintiff(s}, vs. City oF Saint Paul, DISTRICT COITRT SECOHD JIIDICIAL DISTRICT CASE TYPE TEN: INJUNCTION File No. , NOTICE OF MOTION AND MOTION FOR TEMPORIiI2Y RE5TRAINING ORDER TEMPORARY INJUNCTION ANDjOR 1'ERMANE23T INJ'IINCTION Defendant(s). TO: City of St. Paul and its attorney, Steven Christy, Assistant City Attorney' PLEASE TAKE NOTICE, that on , 1997, at a time set by the Court, the undersiqned will move �he above-named Court, at the Ramsey County Courthouse in St. Paul, Minnesota, for an order: 1. temporarily restraining the Plainti£f from raising, demolishing or removinq the building at 659 Edmond Avenue, St. Paul, M23 55104; and 2. for a temporary injunction halting the City of S�. Paul iro*a demolishing 659 Edmond �venue, St. Paul, idiv 55i0^-_; and 3. for a permanent injunction enjoining the City of St. Paul from der,olishinq 659 Edmond Avenue, St. Paul, MN 55104; and �. other reliei as the Court deems just and eauitable. Said motion will be based upon tne Summons and Complaint, as well as the accompanying memorandum o£ Iaw and all the all the Piles, pleadings and records herein. Dated: July 18, 1997. SHAPIRO & NORDMEYER IrawTence P. 1�lke - 152559 �7300 Metro Blvd., Suite 390 Edina, MN 434-23�6 {612) 831-4060 Attorney 'for F1eet 47-14997 ACKNOWLEDGMENT REQIIIRED BY MINN. STAT. §549.21, SIIBD 1 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned or her client acted in bad faith; asserted a claim or defense that is frivolous and that is cos'tly to the other garty; asserted an unfounded position so2ely to delay the ordinary mnse of the nroceedings or to hzrass; or committed. a fraud upon the Court. � �� .% � �. ��—�%/�,� �-{ cc/� ? J �- = i / Lawrence P:�'Zielke STATE OF HIN23ESOTA DISTRTCT COIIRT SECOND JIIDICZAL D23TRZCT COII2iTY OF RZiMSEY CASE TYPE TE2i: INJIINCTIOlY Eleet Mortgage Corp., PlaintiPf(s), File No. vs. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER City of Saint Paul, Defendant(s). FACTS AND PROCEIIIIRAL HISTORY On December 21, 1989, Johnnie M. Brown, sinqle and Kelly E. Brown, Sr., single, granted a mortgage to Midwest Mortgage Corporation in the original principal amount of $37,150.00, said mortgage ultimately b=ing assiqned to Plaintiff, Fleet Mortgage Corp. (hereinafter Fleet). Payments were not made on the mortgaqe and a mortgage foreclosure by zdvertisement action has been commenced and a sheriff's sale is set for August 27, 1997 at the Ramsey County Sherif°'s Office. Iz no redemptian is made from the sneriff's sale, Fleet will becone the f2e owner on rebruary 27, 1°93. The six mon�n s�a�utory redemption may not be reduced to five �aeeks as zllowed by Minn_ Sczt. §582.032, because the nortgage pre- dates December 31, 1939. The City Council Legislative Hearing Officer held a public hearing to consider a council resolution ordering the repair or removzl oi the bu?lding loca�°d a� 659 Edmond Avenue. The legislative hearing officer recommended to the City Council on July 10, 1997 that the building not be razed until January 1, 1998, if certain, conditions be met. The City Council voted to raze the building. INJUFICTIYE RELIEF SHOIILD HE GRANTED A. Leaal Background The purpose of injunctive relief is to protect the status quo pending litigation. St Jude Medical Inc. v. CarboMedics, Inc._, 764 F.2d 500, 502 (Sth Cir. 1985j(applying Minnesota law); Dahlberq Bros. Inc, v. Ford Motor Co., 272 Minn. 264, 279, 137 N.W.2d 314, 324 (1965). Furthermore, an injunction should issue where the failure to preserve the status quo ante will preclude effective relief from being granted to the comglaining party. Pickeriqn v. Pasco Marketina. Tnc., 303 Minn. 442, 444, 228 N.W.2d 562„ 564, (1975); Seward v. Schreiber, 240 Minn. 489, 492, 62 N.W.2d 48, 50 (1°54). St is weli es4ablished in Minnesota that, in decidinq whether �o arant injunc�ive relief �o an apolicant, the courts are to apply WR2L are known as the Dahlbera factors iactors: There are five Dahlbera (1) nature and background of the relationship between the parties; (2) harm to be suifered if the tenporary restraint is denied as compared to t:at inflicted on de£endant if the injunction issues; (3) likelihood that one party or the other will prevail on the meri'ts; (4) nublic policy as e�tpressed; and (5} adninistrative burdens of the judicial supervision and enPorcement. -2- Dahlbera Bros., 272 Minn. at 274-75 „ 137 N.W.2d at 321-22 (1965); Overholt Crop In5 Serv Co. Inc. v. Berdeson, 437 N.W.2d 698, 701 (Minn.Ct.App. 1989). Aere, an analysis of the Pacts of this case, as they now appear, warrants the imposition of injunctive relieP. B. Nature and Backaround of the Parties� Relationship Fleet is a duly authorized servicer of federally insured loans under the Federal Housinq Administration program, hereinafter "FHA". FHA loans are under the province of the Secretary of Housing and Brban Development, and is represented locally by a "HUD" o£fice in Minneapolis. Because the property will be conveyed to AUII after the redemption period expires, HUD is the ultimate party in interest, and as a governmental body, has a long running relationship with the local housing authorities for the City of St. Paul. C. Balanca oi Harm P_nalvs?s The harm co be su£fered by Fleec is none o�her than �he loss of che build_ng uoon wnich it has a security in'terest and which was secured by a mortgage in excess of $37,000.00. Fle°t faces not only the loss of value, but the cost of the demolition. On tne o�her hand, the harm suffered by the City is merely the delay of demolition, or better yet, the benefit of a revitalized and rehabilitated house, i� an appropriate third party buyer can be -3- found by The Secretary of Housing and Urban Development. Conveying the property to HUD by Fleet without the house on the lot may jeopardize the insurance claim of Fleet. Thus, the balance of harm analysis weighs greatly in favor of Fleet. See Western Union Telearaph Co b Industrial Com'n of Minnesota, 24 F.Supp. 370, 374 (D. Minn. 1938); Overholt Croo__, 437 N.W.2d at 701. D. Merits AnalVSis Demolition of a house is a drastic remedy, that should only be employed as a last resort. Rehabilitation by responsible parties should always win out over demolition. E. Public Policv Analvsis Theze is little doubt that there is a shortage of affordable housing in the metropolitan area. The problems of the core cities are well documented. fihe problem is no� that a house sits on the subject premises, but a house that does not meet code compliance. Assum?ng.a responsinle third party purcnaser can be located tha� wi11 brinc the property up to code, this clearly weighs in �avor of a temporzry injunction �o pronote affordable housing in tne core cities. Burden Upon the Court Given the fact �hat there are two responsible parties, the Ci�y and Fleet, the burden of enforce�ent of an injunction would be -c- minimal. Both at�orneys have been be£ore the Court on numerous similar situations, and have worked well toqether to .coordinate similar cases. CONCLIISION The Dahlberg analysis weighs strongly in favor of Fleet, and injunctive relief should issue allowing Fleet time beyond the end of the redemption period to locate a third_party buyer and/or to brinq the property up to code. Respectively Submitted, Dated: July 18, 1997. SHAPIRO & NORDMEYER �., /�� '� � ./� -��LG'ZGG� i%' � i%!�G� Lawrence P. Zie3ke•- 152559 �' ' -' 7300 Metro Bl,dcl.,� Suite 390 , Edina, MN 55'439-2306 - (612) 831-4060 P_ttorneys for Fle�t -5- STATE OF MINNESOTA COBPITY OF RAMSEY Fleet Mortgage Corp. Plaintiff, vs. The City of Saint Paul, Defendant(s). DI3TRICT COIIRT SECOND JIIDZCZAL T3I3TRICT File No. •-� The above-entitled matter came before the Court pursuant to a motion for a temporary restraining order by Fleet Mortgage Corp. Lawrence P. Zielke appeared on behaif of Plaintiff. Stephen J. Christie appeared on behalf of the City of St. Paul. Based upon the files, records and proceedings herein, IT IS HEREBY ORDERED: The City of St. Paul is restrained from demolishing the building located at 659 Ednond Avenue, St. Paul, MN 55104, until , 1997, at which time Plaintiff wi11 have to make new application to 'the Court for any additional injunction_ Furt�er conditions o� �his Order aze as iollows: Dated: , 1997• BY THE COURT: Judge of Dis�rict Court STATE OF MINNESOTA COUNTY OF RAMSEY Fleet Mortgage Corp., Plainti£f, vs. City of Saint Paul, Defendant. STATE OF MINNESOTA ) )ss. COt3NTY OF IiENNEPI23 ) DISTRICT COU12T SECO2SD JUDICYAL DISTRICT Case type: Injunctive Court File DTo. AFFIDAVIT OF LAWREI3CE P.. ZIELKE 1. That your affiant is the attorney for Fleet Mortgage Corp. 2. That this mortgage misses the eligibility for a reduced redemption period by 10 days. The mortgage is dated December 21, 1989, and Minn. 5tat. §582.032 requires that a mor�gage be dated December 31, 1989, or thereafter to qualify for a reduced redemotion period for abandoned proper�ies. 3. Attached as Exhibit 1 is the Notice of Public Hearings, Sunmary oi Public Hearing and inspec�ion repor� for 659 Edmund Avenue. 4. Representatives for "HUB" have not had an opportunity to review the property, including the inside, to determine if they consider the building to be worth savinq. 5. This loan did not because delinquent until March 1, 1997 (due February 1, 1997) and was referred for foreclosure to Shapiro & Nordmeyer on June 20, 1997. 6. In the course of the foreclosure process, the condemnation was discovered, and Fleet was represented at the City Council meeting when the resolution was adopted, and a request for more time was turned down by the Council. 7. A mortgage lender, pre-sale, has only a limited right of entry pursuant to Minn. Stat. §582.031, and that is to prevent waste, not to rehabilitate pYOperty. 8. "HIID" has direc�ed FHA loan servicers to seek a restraining order under these circumstances to allow "HUD" an opportunity to evaluate and possibly market the property. FURTHER YOUR AFFIANT SAYETH NOT Dated: ,7u1y 18, 1997. SHAPIRO & NORDMEYnR ��`f' , a G�:� � / l � � // ' L'awrence P.,-Zielke :'Attorneys for' Plaintif£ � 7300 Metro Boulevazd Suite 390 Edina, MN 55434-2306 97-14997 SllbSCYl'ilEC� driCl sworn to be�ore ne �`"'�`�"`��"` this 1S�h day of Suly, 1997. �\ -�-..� �t�'==� �. ��%-�•:< C .. " NJ'A..° 'r.k,:`C ...r ..q'A �. ��J/�L7.j . J� 'r�L%ctt - "T :J�na•...lvi �..,,r I._.... .. Notary �PUb1ic .,..,,,.�:;�;_.�.�,.....-, ._.-. , ., _ -2- SUL Cc��o � �nUL rLn�� ._ _,^ -_- �== GrrG .._= �� SaINT PAU6 PUBUC HEALTH ' � Ntal HoRaL MD.. M.PX Dixrtm : CiTY DF SAfi�iT PAUL l :� NfJIS(NCE SL'lLDLYGS COD6 612-298-l153 Norm Caiamcn. MaYoi � -• , F1fFORCEr1fEhT � � ._ . SSS Cedar Svicet . _. .. Sei,u Pw+L 1d1+ SS70l-126� ..�...+r ' ' June 6, 1997 NOTiCE QF PUBLIC T.-IEARINGS Fleet Mort�a�e Group 324 West Evans Street Florence, SC 29>O1 LoarvY 82�4302 To alI Einowzi Responsible andior interested Parties Dear Sir or Niadasn: The Saint Paul City Couacil u�d the Legislative Heasin� �fncer of the City Council have schedcled public heazings to consider a Councii 12eso1ution orde:irg the repair or removal of the buiIdin�(s) located at b�9 Edmund Avenue. in accordance -.;iLh the prov;sions ci tae Saint Pau1 Le�isl�*.ive Ccde Chza:er 4�, z11 o��r!e:s of record and ather inte:�sed ps.�;ies u':th a k:,o'�Z izterest :a ihis btildiag(s) a;e hereby notified of these hea:in_s. At t2:ese hearings testimony 1'•'ill be heard frem �he ?ublic i3eait, Enforce;.zent Ofricer �nd �n� oLhei pz"ties wno ' to b> h:�-d. The Co�rcil wi?: .:eoat = resolution describing �.'. zt ac:ioa, ii :np the Cou:.cil deeras ��gropri�te. �lease be advise the ?Lblic He�-ing b�for� � I:2 L:;�?SI2i1�'Z He�-in? O�i�� : is schednied ;or: Tuesday, JnIy 1, 1997, at 10:00 a.m. in Room 33Q, Cily HaiI, I� ��'est Kellogg Bouleti Saint PauI, ?1�N ��IO2 1 Sl� 7.,.°.�!Sl�?i'J0 i �ii?C°Y V.111 i'i.°,_: iel� �Cl�.�..w ;'_i:Q _Ti��C°_ 2 LeCOTT2:�4�ilOR i0: �.C:iC:? to th� iuIl Cit,� Couzcii: ��ednesday, Jui�� 9, 1997, at �:30 p.m. in ihe City Council Chambers, 3rd Floor Cin� Hall, 15 ��'esf KeIIoQa Boule�ard, Saint Paul, �4�T\ ��102 �� FF�r�/v; %" �r�= =; JUL -�57 �c�j7 �- "nu� r��_.� -_ ��.. �-� --- c .� . .w �r 659 Edmuad Avenue June 6, 1497 Page 2 AII costs incurred by the City, including inspection costs, administrative costs, ritle searches, filing fees and, if necessary, demolition and removal expenses, will be assessed a�aznst the rezl estate as a speciai assessment to bc collccted in the same manner as real estate taxes. If you have any guestions conceming this mar•.er piease call tbe VacantlNuisance Buildings Code Enforcement Section at (b12)298-4153. � " cerely, � � Reneta Weiss Program Supervisor VacantlNuisance Buildin� Unit Saint Paul Public Hea_lth RW :mt 01-93 �UL -��! oc•�r n� rn�_ r��_._ ._-_... '__ _'_ '. - ._- �. SLJM�ZAxcY �'OR PUBLTC HEA1��.NG b�9 Edmund Ayenue I,egislative Hearing - Tuesday, 3uly 1, I997 Ciry Council - Wednesday, JuIy 9, I947 The building is a tcvo-story, wood frame dwellin� wich a detached, oversized, one-vehicle, wood fiame gazage on a lot of 4,9b0 square feet. Accordiug to our files, the dwellin; was condemned in 7anuary 1997 and it has been vacant since February I997. "i'he current property owners are 7ohnnie & Keliey Brown, per Ramsey County Property Records and Revenue. The owners intend ta rehabilitate the dwelling. There s.iave been six (b) SUMMARY ABATE?v1ENT NOTTCES-issued to: rerriove refiise from the yard, cut �rass and weeds and immediately secur� the dweliing. There has been one VEHICLE ABATEME.NT' issued. On April I7, 1997 an irspection of tfie building was conducted, a list of deficiencies which consrimte a nuisance condition was developed and photographs ��ere taken. An ORDER TO ABATE A NliISAi�TCE BLTILDI?�TG �vas issued on April 2-",, 1997 with a compliance date of May 27, 1997. As of this date this properry remains in a condition which comprises a nuisance as defined by thz Iegislative code. The Vacant BuiIdina regis�ration iees �e dee 2nd owin� since �eb�uary 1997. Rea1 Estate taxes zre paid. On Maq b, 2997 a Code Cenplianre Inspectioa was done. (a?*ached} as of luly l, i997 ��e 52,C00.04 Bond has noc been nested with tne Buildina ?nspectie*: Deaarumenc. COC E:u�orce^ienc :nspec.ors estimace LnC COti i0 72pcii u'11S SL�I:CIlli� :S �J5�,0��. �P.0 estimated cest �o De_noL+s:� is Si,3°0. �II Rblic ?�s�!th Rasole�;on sub�:i«zd °GL CGTL1�2T2I:0: O:QOIS �7e p iODO:i� 04%T1EL LO I°a21I' O I.°.IIlOV.°. i_�i'::$ SiI11Cit1Le '�!LilII I11LC.°.II �15� C��jS, 11` P.CT IP..'- I�SO�l-'I:OII �LL Pl:D�7C I1�ZIIY1 ID Qii?i0}ISR =IIQ 255�SS iR? CCJI� i0'u^: CLODZi�t. JUL'2� '_S7( ��=�7 �� r�J� r_c_.� .-c-_ .. � CITY OF SA1NT PAUL �� NO�m Ccl�mart, .Lfayor May 7,1947 Johnnie & Kelly Brown 7fi00 Bristol'Viilage Drive �102 Bloomington, MI�I 55438 � Re: 659 Edmund Dear Property Owner: G�< GGG G(!U �.�_�pl OF:7CEOFLICEi:SE. ECttO\S.�.vD �'VS�20. �ME3.'lJ+L YROTECi'SO:: Rabot Rrrilcr, D�xcm� LOWRY PROFESSION.SL 9UIGDING Suiu 30f7 ' . 33Q St. Percr S+�cer Saint Pesst. Mlrusesora SSl01-1S10 Tdeplra.u: 6lI-16G9090 FaaL+eile: 6I7-266-9099 6(2-166-912s Pursu :nt Yo your request 6�9 Ednund was inspected May 6, 1997 and the following report is submiYed: �JTI.Dit.?G:_ 1. . Insi:re complete rloor in celtaz. NOTE: Cellar full o£ debris and could not be properly inspected. 2. Repair h2tchway opzni*�e. 3. Re�air o: reolace u and ceiliaas as necess2.y ihroughout. S. Replace ali walis, ceitiags, floo:s, ?loor covering, trir_m, etc. �hat are ill-constructe3 znd consL z1I in a�:�orkm2n like rann�r z�d complete. S. �e�iace wzll that has oeen :e �o�'ed 'eetr��een �;rst tioor iront porc:t znd ? iving roo� o; �i_1 must be constr�c:ed .o code. 6. ReDlace deteriorated floor below tile First Floo: bath. 7. Re�lzce or Drovide r.ew floor cov�.;ag ti',:oug7eut as it is aoen, b2nly soiled and ill- :Ii1:R° OT 7C11SS?Il?. 8. Repai.- ha*cnway to cella.-. 9. 1 h eaa.ir cr IZv�2C° 4�:°Ii0i2SCG Ci :r.!ss;n� Tri:::, SoIT_it IdC12� iri�ze ooard ELC. 10. Re�12ce dete:iera+e3 :i.� joist zs zecess�'. 1 l. Replace bro';en or nissin� sicin�. 12. Tuck pei�t `oeadatioa. l3. Tu�k point ch;n,�>v, I4. Reoizce G�2:°IlOL2:_d 11� COri=_��Ci2'� Cz'S 512P 1 �^.ding to b � StNCttf2�ly SOt!i1a, L'IIliOT?, EiC. ? �. Re�+lac� eam2;ed *oo; cove:;�.�. 16. Reo��r ieacing or renoo•e ail. i7. Pre�iee �o�plet2 :; ai; oi g��;� (sicina, rcofco�erin2, doors, t_:ri, etc.). � nJ� . : � .. � � � � . . ..... �. . JUL-2: i�77 0;��c •..•_.., .... May 1, 1997 Pagc 2 . Codc ComplianCe in5pection Report RE: 654 Edmund B TT DTT? J: {coniinued) 18. Provide hand and guard rnils z11 stauways and steps as per artaclunent. I4. Pravide thumb type dead bolu for aIl entry doors. ' 20. Repair or replace any deteriorated or missing window sash, broken glass, sash - holdcrs, cte. as ncccss2ry. 21. Providz storms �.nd screens complete and in good repair for all door as�d window open±ngs. 22. Prepaze and paint interiar and exterior as necessazy (take the necessary precautions if lead base paint is present). 23. Provide general clean-up of premise. 24. Provide smoke detectors 2s per UBC. _ �C.F.CTRICAL: a ement l. Install junper around water meter. 2. Tnstall connectors on ronex at service. 3. Install 1� A�iP bre2kezs on n14 wire. 4, Replace d:naged romex and strap romex to code. Firct Flonr I. Move bed.00� lignt box dov,n flush wZth ceiling. 2. Ground'oaL'�.�oo� tight. 3. Reoair Cs.F.C.I. outlet. Garaoe - (Lockee�l � 1. Remove or te-w�:e aII lic.DTOy�Z wzring. 2. �.°-W7i2 �� LO COC° OLI°:i OV�• -eneraI 1. Install outlets �nd Ii� ;'s eec B_ilerin 80-1. Z. 3. � Ground z?I 3-wirs oudets. Correa re � er_<e eo!uities 2t outlets. Repai* ztl non-�orki�� eleccrical devices. R�place z11 brokea or rnissir.3 elecli-icsl de�•:ces. Tnstall s-cke d�tectors pe: U.E.C. ��}�sar�c� . 1_ First Flccr -?av, kitchen s:r ��z� la•,�r.dry �bs are not vente3 (dcct *.ape on pl2s�:c pipe, etc.). Ir.s:2'I zli riur.+_bir,� and gas pipiag as pe= code. HEATI�i+Ca: � -- -- 1. Cleen, ORS �T te�t �:d c`r:ec�: �ll sai�ty con�rols. 2. Test hea[ exc'r?�2er. 3_ ir.stali cc.:�bus'_oz 2ir. JUL-0c-1S77 20��2 ST PRUL ?L�_i� rcaLTH May 7, 199? Page 3 Codc Compiiance Inspection Report RE: 659 Edmund NF.ATING: (continued) 4. Clean combustibles from azound fumace. 5. Provide heat Second Floor. ZONING: This property was inspccted as being a single family residence_ s_z 2zz z�7a �.a�.a� NoTFS: � . 1. . See attachment for permit requirements. �� 2. This property is designated by the Heath Depaztrnent as a Category �3 which requires a�2,000 Performance Bond or Deposit at the time the pemut is issued. Sincerely, �� Donald F. Wa�ner Bnilding Insgector DFW:aw aitachment �o?r! �.D� COURT OF APPEALS � � , NUMBER CO-97-1383 AGENDA OF THE SAtNT PAUL CITY COUNC►L Wednesday, May 7, 1997 - 3:30 PM PUBL{C HEARINGS AT 4:30 P.M. CiTY COUNCiL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 266-8565 Qffice of the City Councii CONSENT AGENDA NOTE ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL LE NO SEPARATE DISCUSSION OF TNESE ITEMS. IF DISCUSS��N IS DES(RED, THAT ITEM W�LL BE REMOVED FROM THE CONSENT AGENDA AND CONSlDERED SEPARATELY. FOR ACTION 1. Approval of minutes of April 2, 1997. 2. Clanns of Amy Campanaro, Earl McDonald, and State Parm Insurance (for John Steifer). 3. Motion and Motion for Summary Judgment, Exhibits and Order in the matter of Patrick A. Carlone vs. the City of Saint Paul. 4. Sumn�,ons and Complaint in the matter of Lapkwang Tsang and Hau Yin Tsang vs. the Ciry of Saint Paul. 5. Letters from Saint Pau1 Public Health declaring 659 Edmund Avenue and 855 Woodbridge Street as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) G. Administrative Orders: D001220 Authorizing flie Department of Planning and Economic Development to contribute $5,000.00 for consuiting services for the Twin Cities Economic Development Group. D001221 Authorizing the Office of Human Resources to reimburse vendors for costs incurred in conducting employee relations and recognition programs in 1497. D�01222 Implemettting delegation of signature authority on City contracts. �OURT OF APPEALS � NUMBER CO-97-1383 CITY OF SAINT PAUL NUIS,{NCEBUILDINGSCODE - Ncrm Coleman, Mayo� ENFORCEAfEM' S55 Cedar Sueer Saint Pau1, MN55l0/-7160 April 24, 1997 Order to Abate Nuisance Building(s) Fleet Mortgage 11200 W. Pazkland Avenue, Dept., #663 Milwaukee, WI 53224 Dear Sir or Madam; SAINT PAUL PUBLIC HEALTH Neal Hol�art. M.D., M.P.X., Directar 617-Y98-l133 3ohnnie & Kelley Brown 1555 Edmund Avenue St. Paul, MN 55104 The Vacant/Nuisance Buildings Code Enforcement Unit of Saint Paul Public Health hereby declares the premises located at: 659 Edmund Avenue and legaliy described as foIlaws, to wit: Chute Brothers Division No. 3 Addition To The City of St. Paul, Minn. Lot 21 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under authority of Chapter 45.11. On April 17, 1997, a Buiiding Deficiency Inspection Report was compiled and the following conditions were observed. ��: � This list of de�ciencies is not necessarily all the deficiencies gresent at this time. As first remedial action, a Code Compliance Inspection must be obtained from the Building Inspecfion and Design Section, 350 St. Peter Street Suite 300, Lowry Professional Bnilding (6I2)266-9001. That inspection wili identify specific defects, necessary repairs and legal requirements fo correct this nuisance condition. You may also be required to posf a two thousand dollar ($2,000.00) performance bond with the Building Inspecfion and Design Office before any germits are issued, except for a demolition permit. + ('�n��n.a:t �.�n..:T�? r� G: .S .. . � _ . n r, ..•! 4� < � rv 659 Edmund Avenue Apri124, 1997 Page 2 This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. This is a twastory, �vood frame dwelling with a detached oversized, one-vehicle, wood frame garage. Esterior South Side 1. The front window and door are boazded. 2. The eaves and so�t are rotted and deteriorated with cracked and peeled paint. 3. The second floor screens are ripped. 4. There are large gaps in the foundation block and mortar. West Side 5. T'he west side of the dweliing is partiaily painted and unpainted. 6. There are large gaps and holes in ffie eaves and so�t. 7. The exterioz wood surfaces have cracked and peeled paint. S. There are gaps in the concrete foundation blocks. 9. The sidewalk is settied, buckled and cracked. 10. The basement window wells are fiIled with dirt and refuse. 11. The first floor windows are boazded. 12. The exterior walls are bowed. 13. The chunney has gaps between the bricks, the mortar is cracked, cnimbling, and missing in places. COURT OF APPEALS NLIMBER CO-97-1383 659 Edmund Avenue _ Apri124, 1997 Page 3 East Side 14. 15. 16. 17. 18. I9. There are large gaps in the concrete block foundation. The basement window welis are filled with refuse and debris. The basement windows are boarded. The first fIoor windows are boarded. The wood surfaces are rotted and detariarated with cracked and peeled paint. There are large gaps and holes in the eaves and soffit. North Side 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. The plywood cover at the top of the cellar stauway has been removed. The basement door is open and broken. The exterior stairway to the basement is filled with refuse and debris. The rear concrete patio is settled, buckled and cracked. The entryway wood landing is rotted, deteriorated, poorly footed and improperly sugported. The fust floor windows and rear en�y door are boarded. There are gaps in the eaves and soffit. The wood surfaces are rotted and deteriorated with cracked and peeled paint. The rear of the dwelling is partially painted and unpainted. The second floor window uim has cracked and peeled paint Garage �J 30. The service door is iIl-fitting. `� 659 Edmund Avenue Apri124, 1497 Page 4 31. The siding is missing in pIaces and pooriy matched in other places. 32. The exterior waIls ue buckled. 33. The eaves and so�t have cracked and peeled gaint. 34. The roof is rotted, deteriorated, buckled, bowed and warped. 35. The garage door is ill-fitting. 36. The garage is leaning. Note: The wood privacy fence at the edge of the parking area by the garage is rotted and deteriorated with cracked and peeled paint. The concrete slab and foundation is cracked and deteriorated. Interior Basement 37. T'he basement stairway is cluttered. 38. The basement concrete stairs are cracked, settled and broken. 39. The concrete walis in the stairwell are cracked, broken and buckled. 40. The elecuical service to this building appears to be in poor condition and poorly installed. 41. The basement window wells have been broken out. 42. There is a strong sme11 of feces and urine throughout. 43. The plumbing and venting appear to be improperiy installed and do not meet minunum code requirements. 44. There is water on the basement floor from a ceiling leak. Note: The basement is extremely cluttered with refuse, debris, clothing and discarded househoid items. COURT OF AppEALS NUMBER CO-97-1383 659 Edmund Avenue Apri124, 1997 Page 5 Stairway from Basement fo First Floor 45. 46. 47. 48. 49. The stair treads are improper. The rise and run is improper. The handrail is missing. The head room is inadequate. The stairway from the basement to the first floor is cluttered with clothing and household items. Second Floor Bedroom 50. 51. 52. 53. 54. 55. 56. The walIs and ceiling have cracked and peeled paint. The windows are painted shut and window irim is pooriy fitted. The window sash cords are missing and the windows are not intact. The carpeting is soiled and rotted. There is refuse, debris, household items, etc strewn throughout. The closet door is ill-fitting. The cioset is cluttered and filled with househoid items. Common Aallway 57 � The panelling is buckled and bowed. The handrail is improper and does nat meet minimum code requirements. ( 59. The stair treads are loose and worn. a 659 Edmund Avenue April 24, 1997 Page 6 Middle Room 60. The carpeting is soiled and rotted. 61. The linoleum is missing. 62. The walls and ceiling have cracked and peeIed plaster and paint. 63. The windows are not intact. 64. The window is broken. b5. There are household items, refuse, debris and fumiture stored in this room. Kitchen 66. The appliances have been removed. 67. The kitchen cupboards and cabinets have been removed. 68. The walls and ceiling have cracked and peeled paint. 69. The ceramic tiles are loose, missing and/or poorly installed. 70. The ceiling is collapsing. Bathroom 71. 1'he bathroom has a strong odor of feces and urine. 72. The flooring has been removed. 73. The floor is not continuous nor impervious to water. 74. There is feces in the toilet. 75. The bathtub is not properly caulked or sealed. 76. The window is broken and not intaci. 77. The handsink is not properly installed. COURT OF APPEALg NUMBER CO-97-1383 659 Edmund Avenue _ April 24, 1997 Page 7 Note: Tfie water service is off. Living Room 78. There are numerous household items, refuse ancl debris suewn ttuoughout. 79. The carpeting is soiled and matted. 80. The floor is soft and spongy. 81. The window is broken and the sash cord is missing. 82. The window trim and windows are ilI-fitting. 83. The screens are ripped. 84. The ceiling and walls have cncked and peeled paint and plaster. 85. The wood trim and baseboard etc., have cracked and peeled paint. 86. The walls and ceiling are soiled. 87. The floor is soiled. 88. The closet is fuli of household items, refuse and debris. Common Landing Bottom of Front Sfairwell 89. The floor is soft and spongy. 9Q. The linoleum is ripped and tom. Firsf Fioor Living Room 91. The Iiving room floor is uneven and settled. � u 92. The carpeting is matted, soiled and rotted. � 654 Edmund Avenue April 24, 1997 Page 8 93. There is furniture, household items and toys strewn about the floor. 94. The walls have cracked paint and plaster. 95. The window trim is poorly installed. 96. Part of the ceiling shows evidence of water damage. 97. Part of the tile ceiling is collapsing. 98. The carpeting is soiled, matted and rotted. Bathroom 99. The toilet is full of feces. 100. The bathroom has a malodorous smell. 101. The ceiling is water damaged. 102. The ceiling tiles and grid work are damaged. 103. The floor is not continuous nor impervions to water. 104. Some of the linoleum is missing. 105. T?�e walis are buckled. 106. The watls have cracked and peeled paint. 107. The hathtub is not properly caulked or sealed. 108. There is no GFCI oudet in the bathroom. Bedroom 109. There are Iarge amounts of household items, debris and refuse strewn about. I10. The carpeting is soiled, matted and rotted. 111. The waIls have cracked and peeled paint. �OURT OF APPEALS �`f vUMBER CO-97-1383 � 659 Edmund Avenue April 24, 1997 Page 9 112. The ceiling tiles are broken and missing. 113. The ceiling grid work is bent. 124. The walls aze buckled and warped. Kitchen I15. There are numerous items of food, debris, refuse and household items, etc. strewn Yhroughout. 116. The kitchen is partially painted and unpainted. 117. The ceramic tiles are missing from the walls. 118. The ceiling has cracked and peeled paint and plaster. 119. The wallpaper has peeled away from the wails. I20. The counter tops and appliances aze soiled. 121. The floor is not continuous nor impervious to water. 122. The linoleum is ripped and missing in ptaces. 123. The floor is sofr and spongy. Note: There is evidence of a rodent infestation throughout. As owner, agent or responsibie party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by May 27, 1497 Saint Paul Public Health wili begin a substantial abatement process to demolish and remove the building(s). The costs of this action, inclLding administrative cosu and demolition costs wilI be assessed against the properry taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from tY:� Building Inspection and Design Section, 350 St. Peter Street Suite 300, Lowry Professional Buiiding (612)266-9001. This inspection wi11 identify specific defects, necessary repairs and legai requirements to conect this nuisance condition. , 659 Edmund Avenue Apri124, 1997 Page 10 As an owner or responsible party, you are required by law to provide fu11 and complete disclosure of tfus "Order to Ahate" to all interested parties, all present or subsequent renters and any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or responsibility for this progerty, you must within seven (7) days, notify the Enforcement O�cer with the names and addresses of any new owners or responsible parties. T'he Enforcement O�cer is required by law to post a placard on ttus property which declares it to be a"nuisance condition", subject to demolition and removal by the City. This placard shail not be zemoved without the written authority of Public I-Iealth. Public F�eaith is further required to file a copy of this "Order to Abate" with the Ciry Clerk's O�ce. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the City Council at which time testimony wiil be heard from interested parties. After this hearing the City Council will adopt a resolution stating what aciion if any, it deems appropriate. � If the resolution calis for abatement acdon the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul I,egislative Code and provide that if corrective acdon is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including adminisuative costs will be assessed against the property as a special assessment in accordance with law. If you have any questions or request additional information please contact H. Robinson between the hours of 8:00 and 9:30 a.m. at (612) 298-4153. erely, ' `�„��1 � Q 1 • V � Re ta Weiss Program Supervisor Vacant/Nuisance Buildings Unit Saint Paul Public Health '� , cc: Nancy Anderson - Council Research Dan Pahl - PfiD Housing �I� � � (�:i� � � . �c+:�C� COURT OF AFPEALS :CO-97-1 .• �• � �. 6-6-97 Memo from Saint Paul Public Health Code Enforcement regarding Notice of Public Hearing. 1. 7-9-97 Resolution and Green Sheet ordering 4 (date demolition and removal of the structure adopted by within 15 days of the adoption of the Council) resolution 2. 3. 4. 5. 6. 7. NA 5-7-97 INDEX OF COUNCIL FILE (C.F.) 97-880 .p�c •- F Summary of the Public Hearing held before the 1 Legislative Aearing Officer and the City Council Code Compliance Inspection Report 7-1-97 Minutes of the Legislative Hearing held on July 1, 1997 7-18-97 Copies of Summons, Complaint with Exhibits; Memorandum of Law; Proposed Order; Filing Fee; Notice of Motion and Motion; and Affidavit of Lawrence P. Zielke received from Shapiro & Nordmeyer, L.L.P. 5-7-97 Council Meeting Agenda showing original Abatement Order 3 5 27 6 '�-� Zva�. �ecrc.�= , � ��'s� �Vc'� �vSU, G�C�-�= �� t�r i5 w. t�j(d�. � .`��,�, � �; 5 5 r O� _� � � �'� 1 2 3 4 5 6 � S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 oRIGlNAL � ��-��o l STATE OF MINNESOTA IN COURT OF APPEALS File Nos. C9-97-1382 CO-97-1383 Fleet Mortgage Corp., Appellant (C9-97-1382), Relator (CO-97-1383), vs. City of St. Paul, Respondent. F��C �jVc��" APR 2 3 1998 U��`/ �LERK Transcript excerpt of St. Paul City Counail Meeting, July 7, 1997. * * * * William D. DeVahl, RPR 8830 Acadia Road Woodbury, MN 55125 735-7848 2 � � � 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Council Members Present: Council Chair Jerry Blakey Councilmember Dan Bostrom Councilmember Joe Collins Councilmember Mike Sarris Councilmember Roberta Megard Councilmember Gladys Morton * * * * TAE SECRETARY: Item 58, Resolution 97-880, ordering the owner to remove or repair the building at b59 Edmund Avenue within 15 days from adoption of resolution. Legislative Hearing Officer recommends approval and amending the date for repair or removal to Sanuary 1, 1998 if the vacant building fee is paid and a$2,000 bond is posted by noon today. MR. BLAKEY: This is a public hearing. Is there anyone opposed to these recommendations? MS. ASMUSSEN: Yes. STAFF: Councilmember Blakey, we are advised that the bond has not been posted as requested. MR. BLAKEY: Okay. MS. ASMUSSEN: I'm Beth Asmussen, I'm 3 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the attorney for Fleet Mortgage Corp, and we are requesting again that the demolition be delayed on this property. My client is currently in the process of foreclosing the mortgage; they don't yet own the property. The sheriff's sale is scheduled for August 27. It is subject to a six-month redemption period. It is torrens property. It takes two months after that redemption period expires before they can actually convey the property. It's an FHA-insured mortgage; the property is going to go back to HUD. My olient can and will secure the property; winterize it; cut the grass; remove the snow. We paid the vacant registration buildinq fee this afternoon. We are requestinq that demolition be delayed until the foreclosure is completed and a certificate of title is issued in the name of the lender. MR. BLAKEY: I understand that the bond has not been posted? MS. ASMUSSEN: No. MR. BLAREY: Why is that? MS. ASMU5SEN: It's Eleet Mortgage Corp, and HUD will not pay to go in and post the bond and make the necessary repairs under the mortgage. They 0 � � i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are not the owner yet. My understanding was that the owner was going to do that and did not do that. MR. BLAKEX: Well, Ms. Weis, is this a pretty bad building? MS. WEIS: I have photos with me I can give you. MR. BLAKEY: Ma'am, are you saying that there is a buyer for this? MS. ASMUSSEN: No, I'm not. MR. BLAKEY: Are you just trying to take it back to HUD? MS. ASMUSSEN: In fact, we are in the process of foreclosing the mortgage. I don't know what arrangements the owner has for the property. MS. WEI5: Councilmember Blakey, I also have a copy of the code compliance report that we received in our office, if you want to review that, too. MR. BZAKEY: Yeah, I would like to take a quick look at that, if I may. STAFF: Councilmember Blakey, it's probably a fair statement that this building is in a serious state of disrepair. MR. BLAKEY: Right, yes. As I'm looking �� ` J � i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a2 23 24 25 at some of the issues here, there are pretty serious complications, so I guess I'm qoing to move -- Thank you. MR. BOSTROM: I will move the recommendation of the hearing officer. MR. BLAREY: It has been moved to take the recommendations of the hearing officer. Is there any discussion at all? STAF'F: If I could be clear, the recommendation is 15 days? MR. BLAKEY: Riqht. MR. BOSTROM: Right, other than the hearing officer recommends no repairs? MR. BLAKEY: Bond was not posted. STAFF: There was no bond posted. MR. BOSTROM: Good enough, 15 days. MR. BLAKEY: Roll call. THE SECRETARY: Bostrom; Collins; Harris; Megard; Morton; Chair Blakey: Six in favor; none opposed. ***� C:7 � � � 1 2 3 4 5 6 7 8 9 10 �� 12 13 14 is 16 17 18 19 2� 21 22 23 24 25 CERTIFICATE I, William D. DeVahl Certified Court Reporter in and for the State of Minnesota, County o£ Washington, hereby certify that the foregoing five pages are a true and complete record of the proceedings held herein, as transcribed from a video cassette, to the best of my knowledge, skill and ability. l�� ,� � �. J� o William D. DeVah1, RPR 8830 Acadia Road Woodbury, MN 55125 612-735-7848 Dated: q • "1 . � � COURT OF APPEALS NUMBER CO-97-1383 ( ".-,p f '';� � : ; ',�`° I ° ' 't : �' � F d. . i <. . �_ Presented By ReferTed To �vJ RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # Green Sheet # 5 8' �l`1— 8Yo ��`�� WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair ar wrecking and removal of a two-story, wood frame dwelling and detached, oversized, one-vehicle, wood frame garage located on property hereinafter refened to as the "Subject Properry" and commonly known as 659 Edmund Avenue. This properiy is legally described as follows, to wit: Lot 21, Chute Brothers' Division No. 3, an Addition to the Ciry of Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Healffi on or before April 29, 1997 , the following are the now known interested or responsible parties for the Sub}ect Properry: Johnnie & Kelley Brown, 760Q Bristol Village Dr. #102, Bloomington, MN 55438; Fleet Mortgage, 1120Q West Pazkland Avenue, Dept.663, Milwaukee, WI 53224, Loan# 8254302; Fleet Mortgage Group, 324 West Evans Street, Florence, SC 29501, L,oan# 8254302. WHEREAS, Pub19c 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 April 24, 1997; and WHEREAS, this order informed the then l�own interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Progerty by May 27, 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 WHEREA5, this nuisance condition has not been corrected and Public Health requested that ihe Ciry Clerk schedule public hearings before the I,egislative Hearing O�cer of the Ciry Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and r COURT OF APPEALS � �� .- �� NiJMBER CO-47-1383 iearing was held before the Legislative Hearing O�cer of the Saint Paul Ciry 2 Council on Tuesday, July 1, 1997 to hear testimony and evidence, and after receiving testimony and 3 evidence made the recommendation to approve the request to arder the interested or responsible 4 parties to make the Subject Property safe and not detrimental to the public peace, health, safety and 5 welfare and remove its blighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternarive by demolishing and 7 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 8 demolition of the structure to be completed within fifteen (15) days after the date of the Council 9 Heariug; and WI�REAS, a hearing was held before ffie Saint Paul City Council on Wednesday, July 9, 1997 and the testimony and evidence including the action taken by the L.egislative Hearing Officer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testimony and evidence presented at the above referenced public hearinas, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 659 Edmund Avenue: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul 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 Aousing or Building code violations at the SubjecY Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property wluch declares it to be a nuisance condition subject to demolition. 7. That ttus building has been routinely monitored by the Vacant/Nuisance Buildings Code Enforcement Program. 8. That the l�own interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject 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 correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 2 3 4 6 7 8 9 10 11 12 13 COURT OF APPEALS � NCJMBER CO-97-1383 �� -- � �� 2. If the above corrective action is not completed within this period of time the Public Health, Code Bnforcement 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 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislarive Code. 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 properiy by the responsible parties by the end of this time period. If all personal properiy is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L,egislative Code. Requested by Department of: By: Approved by� By: { Date � ��✓ �� By: �� Form Approved by C'ty Attorney By: 8pproved by yor for Submission to Counci� � By: � Adopted by Council: Date Adoption Certified by Counci S etary COURT OF APPEALS /� NUMBER CO-97-1383 U �r} _ � � DEPARTMENTfOFFICEJCOONI.'IL - ' - - - - - - - - DATE INITIATE� NQ 19115 �� Health 06-06-97 GREEN SHEET CANTACTPERSON & PHONE INRIAVDATE INITIAVDATE Charles VOt2l 298-4153 DEPAflTMENTDIRE CffYCAUNCIL ASSIGN CI7YATTORNEV S / CT'CLEqK NUNBERFOF ° MUST BE ON GOUNGIL AGENDA eY (DATE) AOMNG �OGET DIRECTOR O FIN. S MGT. SERVICES OIR. July 9, 1997 OPDEP �MAYOR(OFASSISTANT) O �d TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) -�� ACTION REQUESTEO: � City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s1. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 659 Edmund Avenue. RECOMMENOqTtONS; npprove (p) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWEFi TXE FOLLOWING �UESTIONS: _ PLPNNING COMMISSI�N _ CIYI� SERYICE CAMMISSI�N �� Has this perso�rm e�er worked under a coMract for this tlepartment? _ CIB COMMITTEE , VES NO _ SrAFF Z. Has this person�rm ever been a cily employee? — YES NO _ DISTFIC7 CoURi _ 3. Does this personRirm possess a skill not normally possessed by any current City employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answars on separate sheei and ettach to green sheet MRIATING PRO LE�y1 IS {lE, OP O TUNIiY (Who, lM1Tat. lMien, Wh Np� ): Thxs uil ing s� is a nuisance �ui�ding(s) as de£ined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Offioer were given an order to repair or remove the building at 659 Edmund Avenue by May 27, 1997, and have failed to comply with those orders. �� r� 199 ''�`�,-m ��' � ADVANTAGESIFAPPpOVED. � � �Q�7 The City will eliminate a nuisance. � . v; � ��R = ��z�� f��Y `�� u� 1 s �;�� __ — �� DISADVANTAGES fF APPROVED. The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. DISADVANTAGES IF NOTAPPROVEO: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTALAMOUNTOPTRANSACTION $ $��000 - $8,000 COSLREVENUEBUDGETED(CIRCLEONE) YES NO Nuisance Housing Abatement '33261 FUNDING SOURCE ACTIVI7Y NUMBER FINANCIAI.INFOPMATION: (EXPLAIN) CITY OF SAINT PAUL Norm Colerttart, Mayor CITIZEN SERVICE OFFICE q� -�� Fred Ownsu, CFiy Qerk 17DCityHaR TeL: 67�266-8989 ISW.%11aggBaulevard Fm:: 6Z2266-8689 SaintPou{Minnesota SSIO2 Web: http✓/www.s7pauLgav TDD: 266-8509 HAND DELIVERED August 25, 1997 �2��E4�IF[� Office of the Cierk of the Appeliate Courts 305 Minnesota Judicial Center St. Paul, Minnesota .�• 11'�, �;MTY CLERK Re: 659 Edmund Avenue Appeilate Court File: CO-97-1383 Dear Sir: Enclosed herewith please find an index and original copies of the Saint Paul City Council's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attorney's for Relator and Respondent, together with affidavits of service by Mail. Sincerely, V/LC�o'2 GP� �v�""Q°rA`�i Frances Swanson Deputy City Clerk cc: Peg Birk - City Attorney (index only) John G. Westrick - Attorney (index oniy) �`CEi1�E'L� STATE OF MINNESOTA COUNTY OF RAMSEY ss. b,PR � � �998 w � . �.��_�ti �5 Frances Swanson, Deputy City Clerk, being first duly sworn, says that on August 25, 1997 she served the attached: Index to the Saint Paul City Council File No. 97-880 deposes and ugon the following attorney(s), individual(s) or corporation(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Pau1, Minnesota. Peg Birk City Attorney Attorney for Respondent City of Saint Paul 400 City Hall 15 W. Kellog Saint Paul, MN. 55102 Saint Paul, Minnesota 55101 John G. Westrick Attorney for Relator Westrick & McDowall-Nix P.L.L.P. Attorneys at Law 400 Minnesota Building 46 East Fourth Street �GZ�C.Q,� Qoi.00y� Subscribed and sworn to before me this Z 5+h day of��1�� , 19 y� 1 �.11 t__t f �asoaafi � w��Fr Mor�Rr Pwix-rurt�wri. ' e,t�ser catrNtr Mr camiti�. 6aW.n ren. s�, xaoo COURT OF APPEALS NIJMBER CO-97-1383 J� SAINT PAUL PUBUC HEALTH Neal Holmn, MD., MP.X., Director CITY OF SAINT PAUL NUISANCE BUILDINGS CODE Norm Coleman, Mayor ENFORCEMF.'M' SSS Cedtv Street Saint Paub MN SS7D1-2260 i June 6, 1997 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council �� ,_;nx.�€ � �a'!t!S �,��.: e.. a. Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 659 Edmund Avenue The City Council has scheduled the date of these heazings as follows: Legislative Hearing - Tuesday, July 1, 1947 City Council Hearing - Wednesday, July 9, 1997 The owners and responsible parties of record are: Name and Last Known Address Johnnie & Kelley Brown 7600 Bristol Village Dr. #102 Bloomington, NIN 55438 Interest Fee Owner Fleet Mortgage 11200 West Pazkland Avenue, Dept.663 Milwaukee, WI 53224 Loan# 8254302 Fleet Mortgage Group 324 West Evans Street Florence, SC 29501 Loan# 8254302 Mortgagee Mortgagee �t�l -�� 612-298-0153 �;�sv �. � i�� COURT OF APPEALS rIiJMBER CO-97-1383 659 Edmund Avenue June 6, 1997 Page 2 The legal description of this property is: Q �� Lot 21, Chute Brothers' Division No. 3 an Addition to the City of Saint Paul. Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by carrecting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this properry. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. cerely� a , `y � �1 Reneta Weiss Program Sapervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mi cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Mazshall Dan Pahl, PED-Housing Division 01-93 r SUNIl�2A,RY FOR PUBLIC HEARING � COURT OF APpEAI,g � 659 Edmund Avenue NUMBER CO-97-1383 Legislative Hearing - Tuesday, July 1, 1997 City Council - Wednesday, July 9, 1947 The building is a two-story, wood frame dwelling with a detached, oversized, one-vehicie, wood frame gazage on a lot of 4,960 square feet. According to our files, the dwelling was condemned in 3anuary 1997 and it has been vacant since Pebruary 1997. The current property owners are Johnnie & Kellev Brown per Ramsey County Property Records and Revenue. The ;nrPnd to rehabilitate the dwelling There have heen six (6} SUMMARY ABATEMENT NOTICBS issued to: remove refuse from the yazd, cut grass and weeds and immediately secure the dwelling. There has been one VEHICLE ABATEMENT issued. On April 17, 1997 an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A NT3ISANCE BIIILDING was issued on April 24, 1997 with a compliance date of May 27, 1947. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant Building registration fees are due and owing since February 1997. Real Estate taxes are paid. On May 6, 1997 a Code Compliance Inspection was done. (attached) As of July 1, 1997 the $2,000.00 Bond has not been posted with the Building Inspection Department. Code Enforcement Inspectors estimate the cost to repair this structure is $35,400. The estimated cost to Demolish is $7,390. The Public Health Resolution submitted for consideration orders ffie properry owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes Public Health to demolish and assess the costs to the properry. COURT OF APPEAL5 NLJMBER CO-97-1383 CITY OF SAINT PAUL Norm Coleman, Mayor 1vlay 7, 1997 Johnnie & Kelly Brown 7600 Bristol Village Drive #102 Bloomington, MN 55438 Re: 659 Edmund Aear Properry Owner: O OFFICE OF LICENSE, INSPECTiONS AND ENVIRONMENTAL PROTECriON Robert Kessler, Direclor IAWRY PROFFSSIONAL BUILDINC'i Suite 300 350 St. Peier Snes7 SaintPouf,�nnesata 55102-I510 Tekphone: 671-166-9090 Facsimile: 611-266-9099 612-26d-9l21 Pursuant to your request 659 Edmund was inspected May 6, 1997 and the following report is submitted: BUILDING: 1. Insure complete floor in ceilaz. NOTE: Cellar full of debris and could not be properly inspected. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1 i. 12. 13. 14. Repair hatchway ogening. Repair or replace walls and ceilings as necessary throughout. Repiace all walls, ceilings, floors, floor covering, trim, etc. that are iil-constructed and construct all in a workman like manner and complete. Replace wall that has been removed between First Floor front porch and living room or ail must be constructed to code. Replace deteriorated floor below tile First Floor bath. Replace or provide new floor covering throughout as it is open, badly soiled and ill- fitting or missing. Repair hatchway to celiaz. Repair or replace deteriorated or missing trim, soffit, facia, frieze board, etc. Replace deteriorated rim joist as necessary. Replace broken or missing siding. Tuck point foundation. Tuck point chimney. Replace deteriorated ill constructed rear step landing to be structurally sound, uniform, etc. 15. Replace damaged roof covering. 16. Repair fencing or remove all. 17. Provide complete repair of gazage (siding, roof covering, doors, trim, etc.). � May 7, 1997 Page 2 ` Code Compliance Inspection Report RE: 659 Edmund COURT OF APPEALS NUMBER CO-97-1383 �i3ILDING: (continued) 18. Provide hand and guard raiis all stairways and steps as per attactunent. 19. Provide thumb type dead bolts for ail entry doors. 20. Repair or replace any deteriorated or missing window sash, broken glass, sash holders, etc. as necessary. 21. Provide storms and screens complete and in good repair for all door and window openings. 22. Prepaze and paint interior and e�erior as necessary (take the necessary precautions if lead�base paintis present}. 23. Provide general clean-up of premise. 24. Provide smoke detectors as per UBC. �LECTRICAL: a ement 1. Install jumper azound water meter. 2. Install connectors on romex at service. 3. Install 15 AMP breakers on #14 wire. 4. Replace damaged romex and strap romex to code. First Floor 1. Move bedroom light box down flush with ceiling. 2. Ground bathroom light. 3. Repair G.F.C.I. outlet. Gara�e�I,ockedl 1. Remove or re-wire all improper wiring. 2. Re-wire feed to code or remove. General 1. 2. 3. 4. 5. 6. Install outlets and lights per Bulletin 80-1. Ground a113-wire outlets. Coaect reverse polarities at outlets. Repair ali non-working electrical devices. Replace all broken or missing electrical devices. Install smoke detectors per U.B.C. PLUMBING: 1. �'irst Floor - lav, kitchen sink and laundry tubs are not vented (duct tape on plastic pipe, etc.). Install all piumbing and gas piping as per code. HEATING: 1. Clean, ORSAT test and check all safety controls. 2. Test heat exchanger. 3. Install combustion air. i h . May 7, 1497 Page 3 _ • Code Compliance Inspection Report RE: 659 Edmund HEATING: (continued) 4. Clean combustibles from around fumace. 5. Provide heat Second Floor. COURT OF APPEALS N[7MBER CO-97-1383 ZONiNG: This property was inspected as being a single family residence. NOTES: 1. See attachment for permit requirements. 2. This property is designated by the Heath Department as a Category #3 which requires a$2,000 Performance Bond or Deposit at the time the permit is issued. Sincerely, �� „� �,,, Donald F. Wagner Building Inspector DFW:aw attachment � COURT OF APPEALS NUMBER CQ-97-1383 � MINIJTES OF LEGISLATNE HEARING July 1, 1997 Room 336, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, PubHc Health Gerry Strathman called the meeting to order at 10:02 am. 2. 3. �� -�Sa Summary abatement appeal for 900 Carroll Avenue; Amedia LaFond, appellant. l�io one appeazed; Gerry Strathman recommended denial of the appeal. Summary abatement appeal for 694 Jenks Avenue; Laura Emerson, appellant. No one appeazed; Gerry Suathman recommended denial of the appeal. Vehicle abatement appeal for 656 Short Street; Taza Fohrenkamm, appeilant. No one appeazed; Gerry Strathman recommended denial of the appeal. 4. Resolution ordering the owner to remove or repair the referenced building, located at $ Litchfield Street. If the owner fails to comply with the resolution, Public HealYh is ordered to remove the building. (Rescheduled from 7une 25 Legislative Hearing to July i Legislative Hearing per City Council). Chuck Votel presented photos and reported the properry is in the process of mortgage foreclosure, it will take $20,000 to repair it, and it was condemned in January of 1497. This property was previously laid over by Councilmember Collins. No one appeazed; Legislative Hearing pfficer recommended approval of the Public Health order. 5. Resolution ordering the owner to remove or repair the referenced building, located at 1�47 Vir�inia Street. ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Rescheduled from June 25 Legislative Hearing to July 1 Legislative Hearing per City Council). Margaret and Norman 3ones appeazed and stated they live next door to tlris property and it is not being maintained. Chuck Votel presented photos and reported his office has not been able to contact the owner, fees aze unpaid, and property repair could be up to $60,000. It would cost $5,000 to $6,000 to demolish it. � � � COURT OF APPEALS NiJMBER CO-97-1383 Legislative Hearing Minutes July 1, 1997 Page 2 b i ��` The owner did not appeaz; Gerry Strathman recommended approval of the Public Health order. 6. Resolution ordering the owner to remove or repair the referenced building, located at 477 G�rtice Street East. If the owner fails to comply with the resolution, Public Heakh is ordered to remove the building. Lloyd Rabanus, representing owner, and Waliy Nelson, prospecrive buyer, appeazed. Chuck Votel presented photos and reported the house has been vacant since June of 1996, there are three summary abatement norices, two citations issued, the City has secured the building against trespass, real estate taxes have not been paid, and no bond has been posted. The cost to repair the building is $50,000. Wally Nelson asked what he had to do to keep the pmperty from being torn down and stated he has a closing date of July 15 on this properry. Mr. Strathman informed Mr. Nelson that the $200 vacant building fee has to be paid, a code compliance inspection has to be done, and a$2,000 bond needs to be posted. Mr. Suathman suggested Mr. NeLsott do what he can and then attend the Iuly 9 Council meeting. Chuck Votel explained to Mr. Nelson that he may not be able to post the $2,000 bond unless he is the owner. Gerry Strathman recommended approval of the Public Health order. Resolution ordering the owner to remove or repair the referenced building, located at .8Q6 Agate Street. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Betty Asmussen, attorney for Equi Credit Corporation, and Pat Donohue, Realtor for Equi Credit Corporation and marketing the property, appeared. Chuck Votel presented photos and stated the house has been vacant since December 1996 and is currently for sate. The vacant building fees and real estate ta7ces aze paid. The cost to repair the properry is $35,000. The cost to demolish it is $8,100. Betty Asmussen stated Equi Credit is requesting 4-6 months before the city demolishes the property. There is a person interested in purchasing it. Equi Credit tias been maintaining the grass and the ptoperiy is secure. They prefer to sell "as is° to a prospective buyer. Pat Donohue stated the buyer is a cotth�actor. Gerry Strathman stated the building has been vacant for six months and has been declared a nuisance. If a buyer is prepared to post a bond, the City is prepared to give the buyer more � � � COURT OF APPEALS � NUMBER CO-97-1383 � �,�, —� 0 0 � Legislarive Hearing Report July 1, 1997 Page 2 8. Resohrtion ordering the owner to remove or repair the referenced building, located at 806 at Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 4. Resolution ordering the owner to remove or repair the referenced building, located at S�5 VJoodbridge Stteet. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legisiative Hearing Officer recommended approval and amended the date for repair or removal of the structure to January 1,1998 if a$2,000 bond 'ss posted by noon on July 9, 1447. 10. Resolution ordering the owner to remove or repair the referenced building, located at ¢59 Edmund Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amend�l the date for repair or removal of the structnre to January 1,1998 if the vacant building fee is paid and a$2,000 bond is posted by noon on July 9,1997. COURT OF APPEALS NLJMBER CO-97-1383 Legislative Heating Minutes 7uly 1, 1997 Page 3 l�� time. Mr. Strathman suggested talking to Councilmember Collins and attending the July 9 council meeting. Gerry Strathman recommended approval of the Public Health order. 8. Resolution ordering the owner to remove or repair the referenced buiiding, located at 8�5 Woodbrid�e Sheet. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. John Nelson and Steve Johnson appeazed. Chuck Votel presented photos and stated there aze four summary abatement norices on the properry, the City has had to boazd this building to secure it against trespass, the vacant building fee is paid, and the real estate taxes are unpaid. The cost to repair this building is $35,OOQ. The cost to demolish is $6,600. John Nelson stated he purchased the property to rehabilitate and occupy. He would like to move in by winter. Mr. Nelson asked was there any way to get around the $2,000 bond to buy windows and doors instead. The grass is cut and the building is secure. Mr. Nelson has been at the address everyday. Steve Johnson stated he has known John Nelson for 20 years. Mr. Nelson does good work and plans to redo the entire house. Gerry Strathman stated the $2,000 bond should be posted by noon July 9. If that is done, Mr. Strathman stated he wili recommend 180 days to bring the properry up to code. Mr. Strathman suggested Steve 3ohnson attend the Council meeting on July 9. Gerry Strathman recommended approval of the Public Health order, and amended the date for repair or removal of the struchue to January i, 1998 if a$2,000 bond is posted by noon on July 9, 1997. 9. Resolution ordering the owner to remove or repair the referenced building, located at ¢�5 Edmund Avenue. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Chuck Votel presented photos and stated the building was condemned in January 1997. The basement is full of gazbage and there is severe structural distress. However, the taxes are paid and the owners got a code compllance done. � � � COURT OF APPEALS NUMBER CO-97-1383 Legislative Hearing Report July 1, 1997 Page 4 t0. � � ie� No one appeared; Gerry Strathman recommended approval of the Public Health order and amended the date for repair or removal of the structure to January 1, 1998 if ffie vacant building fee is paid and a$2,000 bond is posted by noon on July 9, 1997. Summary abatement appeal for 1457 Hazelwood Avenue; Donald Eyinck, appellant. Donald Eyinck requested 8 weeks to work on cleaning the azea. Gerry Strathman viewed photos and stated the items in the yard are a public heahh hazard. Rodents may be living in the brush. Gerry Strathman recommended denying the appeal but allowing the owner until August 1, 1997 to take caze of the problem. Gerry Strathman adjoumed the meeting at 11:04 a.m. � i.J � .� , . GERALD M.SHAPIR�• DAV1D KREISMAN^ NANCY A.NORDMEYER LAWRENCE P.LELKE gETH W-ASMUSSEN DARCY A WEILER �tx.wa�n�c w..�ene.ie. -�r.�a.d b nr�,wi: eny � July 18, 1997 COURT OF AppEALS NI TMBER CO-97-1383 SNAPtR� & NORDMEYER, L.L.. . FTTORNEV$ AT V.W 7300 N,ETRO BOULEVARD, SUITE 390 EDINA, MINNESOTA 55<39-2306 7ELEPNONE: (6ttj 83110bD TELECOPfER: (612) 83�-473A Ramsey County District Court Administrator Ramsey County Courthouse 15 West Kellogq Blvd., Suite 600 St. Paul, MDT 55102-1694 RFCEIVED JUC 18 1997 C(7 �LERK Re: Fleet Mortgage Corp. v• City of St. Paul Loan No. 8254302-M - My File No. 97-14997 Dear Bistrict Court Administrator: Enclosed for filing please find the following: 1. Summons, Complaint with Exhibits; 2. Memorandum of Law; 3. Proposed Order; 4, riling Fee oi $132.00; 5. Notice o£ Motion and Motion; 6. Affidavit of Lawrence P. Zielke. Sincerely, Lawrence P. Zielke Attorney at Law LPZ:gev Er.closure cc: Shirley Sailors (HUD) F.'iA No. 271-a7°9732 City of St. ?aul and Attorney ��i1C� '�°,�'�?`t"� L�'6 . ,�� w ��' 4�.�� Y �;-:_r, � „- :s_- Alice Rodqers (rLOj Loan No. 82543G2-M ,, STATE OF.MINNESOTA (�--( DISTRICT COIIRT COWTY OF RAM3EY 1L�1 J�I.LLI� a,I� `� I SECOND 3IIDICIAL DZSTRZCT •Fleet Mortgage_Corp. COURT OF APPEALS Plaintiff, File No. N[_IMBERCO-97-1383 vs . SLR�II�fONS The City of Saint Paul, Defendant(s). THE STATE OF MINNESOTA TO THT ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SLJMMONED and required to serve upon plaintif��s attorney, within 20 days after service of this Summons, exclusive of the date of service, an Answer to the attached Complaint of the plaintiff, which Complaint is on file in the O£fice of the above- named Court, which Complaint is herewith served upon you in accordance with the Rules of Civil Proaedure of the State of Minnesota. The object of this action is to enjoin a condemnation proceeding. IP you fail to answer the Complaint within the time aforesaid, judqment by default will be taken against you for the relief demanded in said Complaint, toqether with plaintiff's costs and disbursements. This action involves, effects or brings into questions real property situated in tne County of Ramsey, State of Minneso'ta and legally described as £ollows: Lot 21, Chute Brothers' Division No. Three (3), an Addition to the City o£ Saint Pau1. Dated: July 18, 1997. SIiAPIRO & NORDMEYER j; . � _ ./ . By: Lawrence P. Zielke - 152559 Attorney for Plaintiff '1300 Metro Blvd., Suite 390 Edina, MN 55439-2306 (612) 831-4060 97-14997 0 STATE OI+ MI2i27ESOTA COIINTY OF RAMSEY Fleet Mortgage Corp., Plainti£f(s), vs. City of Saint Paul, COURT OF APPEALS NLJMBER CO-97-1383 DISTRSCT COURT SECOND JIIDICIAL DISTRICT CASE TYPE TEN: INJIINCTION File No. COMPLAINT Defendant(s). Plainti£f for its Complaint against the above-named Defendant(s), alleqes: I. Fleet Mortgage Corp. is a corporation organized under the laws of the State of South Carolina and is a mortgage lender authorized to conduct business in the State o£ Minnesota. IS. Thaz Fleet Mor�gage Corp. is the assignee of Midwest Mortgage Cornoration, the original mortgagee on tha� certain mortgage given by Johnnie M. Brown, single and Kelly E. B: Jr. , single, to NFidwest Mortgage Corporation, dated December 21, 1989 registered March 8, 1990, in the Office of the Ramsey County Registrar of Titles as Doc. No. 916758. IZI. That said mortgaae was an encunbranee unon the following legally described property: Lot 21, Chute Brothers' Division No. Thrae (3), an Addition to the City of Saint Paul; 0 COURT OF APPEALS NUMBER CO-97-1383 this property is commonly known as: 659 Edmond Avenue, St. Paul, MN 55104. iv. That said mortgage will foreclosed by advertisement pursuant to a sheriff's mortgage foreclosure sale to be held on August 27, 1997 at the Ramsey County Sheriff's office, and a true and correct copy o£ the "Notice oP Mortgage Foreclosure Sale" is attached as Exhibit A hereto. l`� That the six month statutory redemption may not be reduced to five weeks as allowed by Minn. Stat. §582.032, because the mortgage pre-dates December 31, 1989. VI. That this is an FHA insured mortgage, FHA No. 2'71-4799732, and F1eet Mortqage Corp. will ultimately convey this property to the Secretary of Housing and Urban Development pursuant to a 2imiLed warranty deed, iP no re3emntion occurs. VII. That r^leet Mortgage Corp. paid the $200.00 "vacanc building" fee July 9, 1997, and the building appears to have been abandoned by the fee owners, Johnnie M. Brown and Kelly E. Brown, Jr. -2- COURT OF AppgALs NUMBER CO-97-1383 vxzz. That the City of Saint Paul has instituted a condemnation proceeding relative to the subject.matter premises located at 654 Edmond Avenue. IS. The City Council ordered that the property be demolished at it's July 10, 1997 City Council meeting, after a"15" day period, which will expire July 25, 1997, pursuant to "Resolution" attached as Exhibit B hereto. X. That Fleet Mortgage Corp. and its insurer, the Secretary o£ Housing and iJrban Development, will be irreparably damaged by the demolition of the subject matter premises. XI. Because Flee� Mortgage Corn. and/or the Secretary oP Housing and Urban Develop^en� do not yet ho?d fee title, Fleet Mortgage Corg. anc/or i�s insurer co not .`.ave the abili�y to nake the necessary changes and/or i,provements to become code compliant. %2I. tipon infor:nation and belief, Fleet Mortgage Corp. has secured and winterized the prooerty puisuant to federal regulations issued by t�e Secretzry of Housing and Urban Develonment. -3- COURT OP APPEALS NiJMBER CO-97-1383 WHERE�'oRS, Plaintiff prays for an Order teaiporarily restraining andJor enjoining the City of .5aint Paul from demolishing the property for a reasonable period of time to. allow Fleet Mortgage Corp. to convey the property to the Secretary oP Housing and Urban Development, or in the alternative to bring the property into code compliance, and for such other and further relief as the Court deems just and appropriate. Dated: July 18, 1997. SHAPIRO�& NORDME ER , `,/ .;�, - / $�r�-�ti�-� �, i�•�i.` �='Law"rence P. Ziclke - 152559 � .Attorney for Plaintiff 7300 Metro Boulevard, Suite 390 Edina, Minnesota 55439-2306 (612) 831-4060 97-14997 ACK730WLEDGEMEN`P The undersianed hereby acknowledges that costs, disbursements, and reasonaHle attorney and witness fees may be awarded pursuant to Minn. Stat., Sec�ion 549.21, Subdivision 2, to the party against whom the allegations are asserted. - / . . � � . �-=�..,�t- � � ,,. . .. Lawrence-P. Zielke -4- COURT OF APPEALS NUMBER CO-97-1383 �'- ' HOTICE OF MORTGAGE _ . FORECLOSURESALg � � . . � .. i8E RIGBT TO VEFtIFICATIO2i OF TEiE �'t .{i'-'.:" �.:= - - - " � ' DE8'T AND IDEN?ITY OF S8E ORIGIIIAL � :: ��.:::';: :; -' . ' - : CRED2TOR WITHIN THE Tm'� PROVIDF.D -�"= ' . ' . : . � ' BY LA"W IS HOT AFFECTED SY THIS �:. - . .. . : AC2ION. � " . ... � . _ . - - � � � - NOiICE IS HERE81 GIVEN. �at dcfault ; - . - ' - - � -bas occuricd ia the condltfons of thc �� _ . � � � - _ " - - �: � followlaq dcscrlb<d mortgagc :: '. � . . - _ - - - � � - ' DATE OF MORTGAC.E: Deccmber 21. �.:_: � �'"�: . _ _ -- - - _ _ , ��,1989 . • . " _ "_ � - ' - � � � ORIGINAL PRIISCIPAL AMOUNT OF��'. � , . .- .. . � :. � � . MORTGAGE: 537.150.00 . " � -�":-"_� `��'' � MOATGAGOR(S3: Sohnnie M. BCOwn, _ - _ - - sfngle and H<I7Y E. Brown. Js.. S[ngic � . . :"�. - ' . . - _ - . , -' MORTGAGEE: Mfdwcst Mortgagc ,�. : � , . � : -- - "� Corporatfon . . , . - . • " ' "� � � � - � � DATE AND PLACE OF REGISTERING ON � • � � . _ , . . . . - �' ' REGISTEftED LAND: Registcrcd March 8. _ � � � . " ' � 1990. Ramsey Counry Reglstrar of Tltics. `� _ , . _ � �' � � � Documcnt No. 916758 � . � � � ' ASS[GNMENTS OF MOATGAGE: � . Assigned to: iCF Moctgage Corporatlon Da[ed: ➢<ccm6er 21. 1989, Rcgisicrcd: " March 8. 7990. Documtnt No. 916759. ' " � 2hczcaftcr assign<d to: Fieet Mottgagc CoYp.. ' � Da(cd: Sanuary 5. 1990. Rcgistcrcd: Mazch 8. ' . . s 1990 as 9ocumcat No. 916760. � � - � • ' - L£GAI. DESCRIYTION OF PROPER7'Y: . � � . - . . - 1 Lot 21. Chute Broth<rs' DNisioa No. Threc (3J. an Add::.ion to the Ciiy of Saint Paul COUNTY IN WHICH PROPERTY IS LOCS7ED: Aaalsty A110UNT DU£ AND CLAiMED TO BE DUE AS OF DAT.E OF NOTICE, INCLUDING 2AXES. IF ANY. p:�ID BY MORTGAGEE: 536.984.37 TFIAT all prc-forcclosure require�cnts havc bcen camplied with: [hat no actlon or nroceedmg has bcca instituted at law or . othcnvuc to reccver thc debt secu:cd by said �;:. • nortgage. or 2ay put thcreot; - PURSLSA�;. to thc poa•e: ot salc :: �� tontained ia soid mor[gage. thc abo�e �. dcsczi6cd prope.^.y wiLi 6c sold b� tne She:::f � of said cnunty as fo!loas: . DATz AI�D TIM2- OF SAL°_: A�g.u� `-'�• - 1957. 70:00 A..Y,. � . � ?LACE OF SdL'c: Shc:fffs '�1a:n �fficc, ' 14 West Kcllogg 31+d.. St. Paul. KN ' � [o pay th< deht secuttd by sa�d mottgagc � aad caxes. it ar.y, on 531G ��.T.ISCS and thc :" _ . costs and disbu:stmcats. incluting atto:'ncys �- fccs zllowcd by 1aw. subimc to :cdcmpslon . wSthfn six months tron �< dam of said '. . salc bv :he mcrtgagor(s) :hc:r pcso.^.al : . . rcpt<sentatlscs o: assigns. Daced: July ?. 1997 FLEET 110R; G.4GE CORP. :4ss:gaee oC S1ar,gagee SHAPiRO & `CRDMEYER. V2,\CY a. NORDSiEYER. L.4�1'REtiC� P. ZI°LIiE. Aitoracys fot AsSigne< of �lorcgagec, 7300 ?.3eero Slcd.. Suite S_�. EL1na, �fti 55439-2306 (6127 831-�060 THIS IS A.Y ATTE�iPT TD COLL£CT A DEHT AS4D A.'vY R'�'QRKATSON OBT�LtiED WiLL HE USED s OR TkL4T ?URPOSE. (July 5-13-19 :6-.4ug. 2-9) _ _ _ = ST. P�liL LEGAL LEDGER = _ _ _ - _ — ,': COURT OF APPEALS NI IMBER CO-97-1383 STATE OF MINNES07A ) COUNTY OF RAMSEY } ss. CITY OF ST. PAUL ) 1, Frances Swanson, Deputy City Cferk of the Cify of Saint Paul, Minnesafa, do hereby certify that I have compared the atfached copy of Council Fite No. 97-880 as adopfed by tfie City Councii on Juty 9, 1997 and approved by the Mayor on July 13, 1997 with the original thereof on file in my o�ce. i further certify that said copy is a true and correct copy of said original and fhe whote thereofi. WITNESS, my hand and the ssa{ of the City of Saint Paul, Minnesota ti�is 16th day of July 1997. .��1; ('�i.tr- c l,' { �'� , ��-�-�r� ��.11. DEPUTI' CiTY CL�RK C� * �-� • � `� �� COURT OF APPEALS NL7MBER CO-97-1383 - �RI�1i��`;!- RESOLUT{ON C1TY OF SAINT PAUL, MINNESOTA council File n Green Sheet x Presented By Referred To �JFS �'�- KYO \�l`�S V,'HEREAS, Public Health has requested the City Councii to hold public hearin�s to consider the advisability and necessity of orderin� the repair or wrecking and removal of a two-story, wood frame dwelling and detached, oversized, one-vehicle, wood frame 2arage Iocated on.property hereinafter referred to as the "Subject Property" and commonly known as 659 Edmund Avenue. This property is legally described as follows, to wit: I,ot 21, Chute Brothers' Division No. 3, an Addition to the City of Saint Paul. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by. Public HeaIth on or before April 29, i997 , the followin� are the no«� I:nown interested or responsible panies for the Suhject Property: Johnnie & Kelley Brown, 7600 Bristol Vi11a�e Dr. n102, Bloominaton, MN 55438; Fleet Mortaa�e, 1I200 West ParkIand A��enue, Dept.663, Nlilwaukee, R%? 5322^, I,oan� 82��02; Fleet D�Iort�aae Group, 324 West E�ans Street, Florence, SC 29501, Loan.� 825?302. `�HEREAS, Pubiic Hezlth has served in accordance �v;th the orovisions of Ci;z�ter ^-.� ot th� Sa;nt Paul Lesislative Co�� aa order identified as an ��OCaC7 TO _aD3i2 �ll]ScP.C° vlliI6lII�l�)�� C3I2Q Apri1 2�, 1947; anc� 1R��iL'CL.aS. iP?S Oiu�.' dRIOITI7°Il i�C inER I:ROR'D 7RCE.'eSi°Q 01 res�onsioie �a:�ies i�2i i1�E suticmr� located on the Suoject Prop�m� is a nuisanc� buildin�(s) pursuant to Chapter —'.�; �r.d WHEREAS, this e:cer i:,;o,,.�ed the in[erested or responsible parcies �hat �hey iTil:S: r°�J37i OL demolish the scructure locaczd cn the Suoject Prope: �y b}� '�Sati� 27, 199T, and WHE?tEAS. the ea;o:cea:ent o?ticer has posted a pl2card on the SLOj�ct Prcpe::.; ceclarin, this buildina{s) to consti ::.� a auisance cond;tion; sub}ect to demo?icion: and WHEREAS, this a��isanc� cor.dition has not been corrected and Pubiic I:eaitn :eon�sted ti�at :he City Clerk sc`�edul �L�i7I1C 3:� arinas before the Legislati�'e Hearire Officer of th� Cit� Cour.cil and the Saint Paul City Ceunc;i; znd ��JHEREAS, tf:e ir.terested ar.d responsible parties ha�e beea sen�ed notice in acco:dance with the provisions of Chzo�er 4� of the Szint Paul Le�islatiti�e Code, oi the time, da�e, �iace ar.d purpose ef �h� public he2;in�s; and � `l - a��c wHETtEAS, a hearing was held be£ore the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 1, 1997 to hear testimony and evidence, and after receiving tesFimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove iu blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with aIl applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 9, 1997 and the testunony and evidence inciuding the action taken by the LegisIative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented af the above referenced public hearings, the 3aint Paul City Cauncii hereby adopts the following Findings and Order concerning the Subject Property at 659 Edmund Avenue: 1. ?, � 3. m, � � 4. <C r. a� rn � O I �. w O C4 ' � W ' 6. 07 � � � ! °z; r. S. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 4S. That the cosu of demolition and removal of this buildin�{s) is estimated to exceed three thousand dollars (S3,OOQ.QO). That there nozv exists and has existed multiple Housin� or Buildin� code violations at the Subject Property. That an Order to Abate ?iuisance Building(s) «�as sent to the then known responsible parties to correct the deiiciencies or to demolish and remove the buildine(s). Tnzt the deticiencies cansing .his nuisance condition have not been corrected. That Puoiic HeaIth has oested a plzcard on :he Subject Prope: which ceciares i� ;o D8 2:!17S2AC° condider. s��iec*. to c�moli[ion. Tha� chis oeiidin� nas �een ronuneiy monitered o�� th� 'vacand�uisance Buiicia�s Ceee Eniorcement Proa,am. T:,a� .he i;no�vn inte:es:ed pz.�ies 2nd o�aners are as previonsly stated in this resolutien and that the notinc�tion requiremeats oi Chapter �� have been fulfiiled. ORDER Tne Saint Pzul C:[y Council he:eo�� makes �he foilo�vin? order: 1. The abo�e re�'e:enced in�e:esced c: respoasiole parties shall make �Se Subject Prcperty safe and not de:r:mentai to the puelic o�ace, he�lth, safery and welfare and remove its bliahtin� lIIItu°.^.C� OII 2.^,� CO'.?1i71UP.1IV b�' '°.^.3CSIlt2ilII? tnis strucmre and corre CLill� all denciencies as oresc:ibed in the abo��e reiere^czd Order to Abate \uisance Building(s) in accordance with all ap�liczbie codes z,d ordi;:a::ces. or in the alcerna�ive by dzmolisning and removing the scruc��re in accordznce «i�h all ��pL•cab]e codes and ordinances. The rehabilitation or demolicien and remoti�al ei the sc,uc;cre must be comoleted within fiiteen (1�j da}�s aiter the date of the Cour.cil Hearin�. COURT OF APPEALS NUMBER CO-97-1383 ��1- � �� 2. If the above corrective action is not completed wichin this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demoIish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code: 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and remaval shail be removed from the properry by the responsible parties by the end of this time period. If all personal property is not removed, it shail be considered to be abandoned and the City of Saint Pau! shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution he mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Lzgislative Code. cl:_v �`.5"__^ r n0 — =C' it= - �_ -- _-� -✓ ccuac_l. �zt=_ � � Q �`59�1 - - � \ , —� : - =_.,_. Ce-=-=--_ by Coc..c'_2 Se�^.�Y�e�=_ry 3v: -___�._u � � ! �� ? f !3 /,, I , ��G!.�f11 � --- esc=__ �-,� �e�-a� "=. =_v : � lifil,:if l��'� � T.-..,v��.EQ vV C"V "C°�2V _ � �.�� ,;..�" _.: --�� . - . �.� ;V :'c•sC° -�._ SLD..._552C:1 t0 . ,,. _._: l � i � --� f� COIJRT OF APPEALS NIJMBER CO-97-1383 STATE OF.MINNESOTA COUNTY OF RI,M3EY Fleet Mortgage Corp., Plaintiff(s), DISTRICT COIIRT SECOND JIIDICIAL DISTRZCT CASE TYPE TEN: INJIINCTION File No. vs. NOTICE QF MOTION AND MOTION FOR TEMPOF2ARY RESTRAINING ORDER TEMPORARY INJIIHCTION AND/OR PERMANENT INJIINCTION City o£ 5aint Paul, Defendant(s). TO: City of St. Paul and its attorney, Steven Christy, Assistant City Attorney FLEASE TAICE 2iOTICE, that on , 1997, at a time set by the Court, the undersigned will move the above-named Court, at the Ramsey County Courthouse in St. Paul, Minnesata, for an Order: 1. 2. 3 B temporarily restraining the Plainti£f from raising, demolishing or removing the building at 659 Edmond Avenue, St. Paul, MN 5510a; and £or a temporary injunction halting the City o£ St. Paul from de:�olishing 659 Edmond Av?nue, St. Daul, I�+ST 55i�S; and for a permanent injunction enjoining the City of St. Paul from demolishing 6�9 Edmond Avenue, St. Paul, MN 55104; and other relief as the Court deems just and equitable. Said motion will be based upon the Sunmons and Complaint, COURT OF APPEALS NLTMBER CO-97-1383 as well as the accompanying memorandum of law and all the all the files, pleadings and records herein. Dated: July 18, 1997. SHAPIRO & NORDMEYER Irawrence P.� i - 152559 �7300 Metro Blvd., Suite 390 Edina, MN �439-2306 (612) 831-4060 Attorney"�or Fleet 97-14997 ACRNOWI,EDGMENT REQIITRED BY MINN. STAT. §549.21� SIIBD 1 The undersiqned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned or her client acted in bad faith; asserted a claim or defense that is frivolous and that is costly to the other party; asserted an unfounded position solely to delay the ordinary �se of the proceedings or to harass; or committed- a fraud upon the Court. / �r .:cr, ,7 '/ / Lawrence P,:� Zielke COURT OF APPEALS NUMBER CO-97-1383 STATE OF MINNESOTA COIINTY OF RAMSEY Fleet Mortgage Corp., Plaintif£(s), DISTRICT COURT SECOND JIIDICIAL DISTRICT CASE TYPE TEN: Z2IJIINCTION File No Vs. City o£ Saint Paul, Defendant(s). MEMORANDUM OF LAW IN SI3PPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER FACT3 AND PROCEDIIRAL HISTORY on December 21, 1989, Johnnie M. Brown, single and Ke11y E. Brown, Jr., single, granted a mortgage to Midwest Mortgage Corporation in the original principal amount of $37,150.00, said mortgage ultimately bsing assigned to Plaintif£, F1eet Mortqage Corp. (hereinaPter Flee�). Payments were not made on the mortgage and a mortgage foreclosure by advertisement action has been commenced and a sherifP's sale is set for August 27, 1997 at the Ramsey County Sherif°'s Of=ice. If no redemption is n�ade from the sneri£f's sale, Fleet will beco�e the fee owner on renruarY 27, 1998. The six montn statutory redemption may not be reduced to Pive weeks as allowed by Minn. Stat. §582-032, because the mortgage pre- dates December 31, 1989. The City Council Legislative Hearing Officer held a public hearing to consider a council resolution ordering the repair or removal of the building located at 659 Edmond Avenue. The COURT OF APPEALS NUMBER CO-97-1383 legislative hearing officer recommended to the City Council on July 10, 1997 that the building not be razed until January 1., 1998, if certain conditions be met. The City Council voted to raze the building, INJIINCTIVE RELZEF SHOIILD BE GRANTED A. Leaal Backciround The purpose of injunctive relief is to protect the status quo pendinq litigation. St Jude Medical Inc. v. CarboMedics, Inc., 764 F.2d 500, 502 (8th Cir. 1985)(applying Minnesota law); Dahlbera Bros. Inc, v. Ford Motor Co., 272 Minn. 264, 279, 137 N.W.2d 314, 324 (1965)_ Furthermore, an injunction should issue where the failure to preserve the status quo ante will preclude effective relief Prom being granted to the complaining party. Pickerign v. Pasco Marketina. Inc., 303 Minn. 442, 444, 228 N.W.2d 562 „ 564, (1975); Sewarci v. Schreiber, 240 M_inn. 489, ?9Z, 62 N.W.2d 48, 50 (1954). �t is well establisned�,in Minnesoca that, in deciding whether co grant injunc�ive reliei �o an applicant, the courts are to apply wnat are known as the Dahlbercr factors. There are five Dahlberct factors: (1) nature and background oz the relationship betwean the pazties; (2) harm to be suifered if the tenporary restraint is denied as compared to that inflicted on defendant iP the injunction issues; (3) likelihood that one party or the other wi11 prevail on the merits; (4) public policy as expressed; and (5} adninistrative burdens of the judicial supervision and enforcement_ -2- COL3RT OF APPEALS NUMBER CO-97-1383 Dahlberg Bros., 272 Minn. at 274-75 „ 137 N.W.2d at 321-22 (1965); Overholt Croo Ins Serv Co. Inc. v. BerdesQn, 437 N.W.2d 698, 701 (Minn.Ct.App. 1989}. Here, an analysis of the facts of this case, as they now appear, warrants the imposition of injunctive relieP. B. Nature and Backctround of the Parties' Relationshib Fleet is a duly authorized servicer of £ederally insured loans under the Federal Flousing Administration program, hereinafter "FHA". FHA loans are under the province of the Secretary of Aousing and Urban Davelopment, and is represented locally by a "FiUD" office in Minneapolis. Because the property will be conveyed to HUD after the redemption period expires, HUD is the ultimate party in interest, and as a governmental body, has a long runninq reZationshio with �he local housing authorities for the City of St. Paul_ C. Balance o= Harm Analvs?s The harm 'to be suffered by Fleet is none oiher than �he loss of tne building upon which it has a security inzerest and which was secured by a mortgage in excess of $37,000.00. Fleet faces not only the loss of value, but the cost o£ the demolition. On the other hand, the harm suffered by the City is merely the delay of demolition, or better yet, the benefit oP a revitalized and rehabilitated house, if an aopropriate third party buyer can be -3- COURT OF APPEALS NiJMBER CO-97-1383 found by The Secretary of Housing and Urban Development. Conveying the property to HUD by Fleet without the house on the lot may jeopardize the insurance claim of F'leet. Thus, the balance of harm analysis weighs greatly in favor of Fleet. See Western Union Tele ra h Co. b. Industrial Com'n of Minnesota, 24 F.Supp. 370, 374 (D. Minn. 1938); Overholt Croo., 437 PI.W.2d at 701. D. Merits AnalVSis Demolition o£ a house is a drastic remedy, that should only be employed as a last resort. Rehabilitation by responsible parties should always win out over demolition. E. Public Policv Analvsis There is little doubt that there is a shortaqe of aPfordable housing in the metronolitan area. The problems of the core cities are well documented. The problem is not �hat a house sits on the subject premises, but a house that does �ot meet code compliance. Assuming a responsible third party purchaser can be located tha� wi11 bring the prcnerty up to code, this clearly weighs in �avor of a temporary injunction "to promote a�fordable housing in the core cities. F. Burden Upon the Court Given the fact that there are two responsible parties, the City and Fleet, the burden of enforce:nent of an injunction would be ''S� .:OURT OF APPEALS VUMBER CO-97-1383 minimal. Both attorneys have been before the Court on numerous similar si�uations, and have worked well together to.coordinate similar cases. CO23CLIISION The Darilberg analysis weighs strongly in favor of Fleet, and injunctive relief should issue allowing Fleet time beyond the end of the redemption period to locate a third party buyer and/or to bring the property up to code. Respectively Submitted, Dated: July 18, 1997. SHAPIRO & NORDMEYER i' / � �� ,� � ./ -'IGG��G�� ,% , G!;.c Lawrence P. ZieTke�- 152559 i�� ' 7360 Metro Bl;ad.�'SUite 39� , Edina, MN 55`439-2306 - (612) 831-406� P_ttorneys for Fle=t -5- �OURT OF APPEALS ViJMBER CO-97-1383 STATE OF MINNESOTA COIINTY OB RAMSEY Fleet Mortgage Corp. PlaintifP, DI3TRICT COIIRT SECOND JIIDICYAL DISTRICT File No. vs. The City of Saint Paul, Defendant(s). ORDER The above-entitled matter came before the Court pursuant to a motion for a temporary restraining order by Fleet Mortqage Corp. Z,awrence P. Zielke appeared on behalf oP PlaintiEf. Stephen J. Christie appeared on behalf of the City of St. Paul. Based upon the files, records and proceedings herein, IT IS I3EREBY ORDERED: The City of St. Paul is restrained from demolishing the buildinq located at 659 Edmond Avenue, St. Paul, MN 55104, until , 1997, aL �hich time Plainti�f will have to make new application to the Court for any additional injunczion. Further conditions o� �nis Order are as �ollows: Dated: , 1997. BY TftE COURT: Sudge of District court .;OURT OF APPEALS VLJMBER CO-97-1383 STATE OF MINNESOTA COUNTY OF RAMSEY Fleet MortgagA Corp., Plaintiff, DISTRTCT COi3RT SECOND JUDICTAL DISTRICT Case type: Injunctive Conrt File No. vs. City of Saint Paul, Defendant. AFFIDAVIT OF LAWRENCE P. ZIELKE STATE OF MINNESOTA ) )ss. - COUNTY OF HENNEPIN ) 1. That your aPfiant is the attorney Por Fleet Mortqaqe Corp. 2. That this mortgage misses the eligibility £or a reduced redemption period by lo days. The mortgage is dated December 21, 1989, and Minn. Stat. §582.032 reguires that a mortgage be dated December 31, 1989, or thereafter to qualify for a reduced redemption period for abandoned properties. 3. Attached as Exhibit 1 is the No�ice of Public Hearings, Summary of Public Hearinc� and inspection report for 659 Edmund Avenue. 4. Representatives for "HUD" have not had an opportunity to review the property, includincf the inside, to determine if they consider the building to be worth saving. 5. This loan did not because delinquent until March 1, 1997 (due February 1, 1997) and was referred for foreclosure to Shapiro & Nordmeyer on June 20, 1997. COURT OF APPEALS NIJMBER CO-97-1383 6. In the course oP the foreclosure process, the condemnation was discovered, and Fleet was represented at the City Council meetinq when the resolution was adopted, and a request for more time was turned down by the Council. 7. A mortgage lender, pre-sale, has only a limited riqht of entry pursuant to Minn. Stat. §582.031, and that 3.s to prevent waste, not to rehabilitate property. 8. "HUD" has directed FHA loan servicers to seek a restraining order under these circumstances to allow "HUD" an apportunity to evaluate and possibly market the property. FURTHER YOUR AFFIANT SAYETH NOT Dated: 3uly 18, 1997. SHAPIRO & NORDMEYER ,�-� �= ,�' �,%, L'awrence P. , 'Attorneys for Plaintiff _ 7300 Metro Boulevard Suite 390 Edina, MSI 55434-2306 97-1?997 Subscribed and sworn �o before me '"'� this 18th day of July, 1997. ,\ ' �f�==� �. `��.��= C� . �,::"; Nor;.�r �.k_ti ..-, r_c:n ' 7 �' �" i l Ff,,G? .� . _N` 'f� -/�iL '. - _}..' '�T :J)ra �.:liv G...S LJ. �.. . ^ �� : ,.. Notary Public ..-.,�::-�,,;-.^,��..,..,�._:-.:�..., _ -2- JUL-0E OE�So S� "RUL r��LiC r.�� n ' . oit c = erra r.a��Gr �OURT OF Appg�,S NUMBER CO-97-1383 SAtNT ?AUL PUBUC HEALTH Real NaLc2 M.D.. M.P.H., Dix<ror ClTY OF SAiNT PAUL :�� h'uts�.NCE ac�rzoLVCS cooE Norm Coicmcn. Mayar ... , FhF.ORCEb1E1+7' • - � _ . SSS CcLa� Svice[ . .. . Sa'v+t PtuL 1dV SS1Dl-226� ...�..�.r - . 3une 6, 1947 NOTICE OF PTJBLIC HEARINGS Fleet Mort�a�e Group 324 West Evans Street Florence, 5C 29501 Loam 82�4302 To alI �nown Responsible andlor Interested Parties Dear Sir or Madam: 612-298-f153 The Saint Paul _City Cou:�cit a�-�d Lhe Legislative Heazing Officer of the Ciry Council have schedcied publie hearings to consider a Council Resolution orde:ing tl:e repair or removal oi the buiIdin�(s} located at 659 Edmnnd Avenue. In accordance •w�Lh u'�e prov;sions ef the Saint Paul Legislztive Ceee Chapt�r 45, a11 a��ners of record and ocher inte:esed paties w:th a ic.ou.;i in�erest in ihis 6uitdin¢(s) ase hereby notified of these hea:ir.=s. ?.t tP_ese hearinys testi.�anr• �'i11 be hea.rd from Lhe ?ublic Heaii; Enforcemeat Oiiicer znd �n� oLher pz-ties w-ho �.�isn to �: hea.-d. The Coc^cil v.ti?1 ::eeat a resolution desc;ihin� �%.'. zt actio^., ii :ny, the Cow-:c31 deems �pp:opriate. Please be acivised tF:e ?LbIic ?-Iezing before the Le�is!�tive Heuiae Officer is sched��led for: 'Tuesday, July I, 1997, at iQ:00 a.m, in �toom 330, Cify Hall, I� ��'est �eIlogg Baule� Saint Paui, ?�1N ��1a2 ihe Leg+.slative Hezrir.z 0�;=c°* ui11 'r,e2.- �'�e e�'ice.^.c� 2r:d �yke a recom�^,.e�datien io: acucn to the TuII City Co��ciI: We�3r�esday, 3uly 9, 1997, at 4:3D p.m. in the City Council Chambers, 3rd Floor City Hall, 15 �i%est Ke11o�Q Boule�-ard, Saint �'aul, i�'�\ 55162 ,� i Fr,t�i� �� y, i� � JUL-0E-1SS7 68�57 S� °AUL PUBL:� n�nL�n � oac < c ci � �.��.oi COURT OF APPEALS NLItviBER CO-97-1383 559 Edmund Avenue Iune 5, 1997 Page 2 AlI costs incurred by the Ciry, including inspection costs, administrative cosis, title searches, filing fees and, if necessary, demoTitioa and removal expenses, will be assessed a�ainst the re2l estate as a special assessment to hc coIIected in the same manner as real estate ta.les. If you have any questions concerning this marer please ca11 the Vacantll3uisance Buildings Co�e Enforcement Section at (612)298-4153. � �` cerely, - `� � Reneta Weiss Program Supervisor Vacant/Nuisance Buiiding Unit Saint Paul Public Heal•�h RW:m1 01-93 STJM?v�A..ccY �OR PUBLIC HEAh��G COURT OF APPEALS 654 Edmuad Avenue NUMBER CO-97-1383 Legisiarive Hearing - Tuesday, 3uly Y, 1997 City Counci2 - Wednesday, Juiy 9, 1947 The buiIding is a two-story, wood frame dwellin� with a detached, av,ersized, one-vehicle, wood fiazne garage on a Iot of 4,960 square feet. Accordiag to our files, the dwellin; was condemned in 7anuary 1997 and it has been vacant since February 1997. The current property owners are Iohnnie & Keiley Brown, ger Ramsey County Property Records and I2evenue. The owners intend tq rehabilitate the dwelling. There aave been six (6) SUMMARY ABATE?vfENT NOTICF� issued zo: remove refuse from the yard, cut grass and weeds anrl immediately secure rhe dwetiing. There has been one VEHICLE ABA�'EMENT issued. On April i7, 1997 an irspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and ghotographs a�ere taken. An �RDER TO ABATfi A NLiISA.2�ICE BUILDII4TG .vas issued on April 24, 199� with a compliance dar� of May 27, 1997. As of this date this properry remains in a condition which comprises a nuisance as defined by che Iegislatiae code. TI�e Vacant Building re�istration iees a:e cue znd owin� since February 199i. Reai Estate �xes arz paid. dn NSay 6, 1997 a Code Compiiance I.-ispection was dane. (atczched) �s of IuIy 1, i947 rhe S2,G40.4d Bor.d has rot been pested with the Buildina Inspettien t7e�ares-nenc. COC� EI1fOLC�^.lERL :IISj7e estimate �e cest i0 72�`i"aii L'?1S SI21'Ci12rC :S ^ J t5,d00. The estinated cesc to Demoiis� is Si,3°0. The PAbiic Health ResolLdo�t sub*_*:ittzd `cr ccnsi�e:2tien e.ders L�e prope:� ownPr to repair or re:nove L�is s:ruc�ure •wiG�in fiiteen (i5) ea:s, if r.et tne zesol��r.on a��Lho.izes R:blic Health co de,_:o!isn and assess u�!e cests �o'v:e grooe,��. 3UL-0B�199 02�57 5T PaUL Pv3�:= r ti�iN �OURT OF APPEALS VT.JMBER CO-97-1383 CITY OF SAIN7 PAUL 11crm Cokman, Mayo� � May 7,1997 Johnnie & Kelly Brown 7600 Bristol Village Drive :102 Bloomington, iviN 55438 Re: 659 Edmund Dear Property Owner: b1G GGG Glln r.G �bI FrICEOFUCEl:SE, tC170,\'SAVD WSRO, i}`SE: �7AL PAO2ECTIO�i �bs�! KtsSlcr, Dlrcdo� LOWRY PROFESSIONAL BUILDIXG Suiu 3D0 " 350 SL Petcr Svicet ,SaintTeul, Mlnneiota SSl02-)S10 Tcl<p7+onc_ 611-?66-9090 FaaL�sik: 611-266-9049 612-2bb972s Pursuesit to your request b�9 Edmund was inspected May 6, 1997 and the follo�•ing report is submiYed: �LJILDI?QG: 1. . Insue camplete floar in cellaz. NOTE: Cellar full of debris and could not be properly insgected. 2. a 5 6_ 7. � 10. �eplace decerio:ete3 ,<: joist :s necessa�n,'. 1 i. Replace brolen or nissing sicins. 12. Tuck point `oc�eatioa. �3. TL'C� POI..I Cil!;:1.^.°-V. I4. RepIace det�ror�,�d ill con<�r��zd rear step l�.nding to be structurally soLnd, uni�orm, ��c. 1�. Reelace ezm2ged :oo`cover,r�. i 6. Rep: ir fencing or renoo�e all. i7. Proviee compieta :epair oi g`a,� (sicing, reof co�e:ing, doors, Lim, etc.). Rep2ir 12aichway openilg. ReDair or reolace ��alls and ceilinas :s necess�y throughout. Replace a11 walls, ceil'an�s, floors, fioor covering, trirn, etc. ihat are ili-constn:cte3 and consL-uct alI in a woricmzn like mznn�r s�d comnleie. Re�?ace 4+alI th at h2s b°ea remoi�ed'eet�s'een � irt tioor front porc7 and living roon o: �1_i must be constn:cted io cude. R°�Iace deteriorated flooz below ti1� First F1oo; bath. Repiace or provide r.ew floor cov�;i> � tiuoug4out as it is open, badly soiled and ill- fittittg or miss+n�. Repai: hztchw'ay to cellz:. Reoair cr realace de:erio;ated c, miss;n� trim, soi?it, facia, frieze board, etc. J�L-0E 0E� SE S 'RUL rL�U L ncnu n May.7, 1997 Pagc 2 . 'Code Compliance Inspection Report RE; b59 Edmund .:OURT OF APPEALS vUMBER CO-97-1383 BI3iLDiT.G: (continued) 18. Provide hand and guazd rails aIi stairways and steQs as per attachment. 19. Provide ihumb type dead bolts for aIl entry doors. ' 20. Repair or replace any deterioratad or missing window sash, broken glass, sash holders, etc. as ncctss2ry. 21. Providz storms 2nd screens complete and in good repair for ai! door and window openings. 22. Prepare and paint interior and exterior as necessary (take the necessazy precautions [f Iead base paint is present}. 23. Provide general clean-up o£premise. 24. Provide smoke detectors as per UBC. _ FT.FC:TRTCAL: a ement 1. Install jumper azoLnd water meter. 2. 3. Install connectors on romex at service. Insta1115 A�vfP brezkers on 714 wire. Replace d::na�ed romex and strap romex to code. i st � 1. Nfove bed:oo� lient box dov.n flush.;�th ceiling. 2. Ground bath.;oo::i ti�ht. 3. Repair G.F.C.I. outlet. Garaoe - (Locke�l 1. Remove or re-v.�re all i:aproper wzrin�. 2_ R°-wirz i��3 to code or remov°. eneral I. InstaIl euttets �.nd li�hts ne: B�lletin 80-1. 2. Ground z11 3-u�i;e outlets. 3. Correct reverse po?2rities 2t out?ets. 4. Repair all non=::orki�� eIectrical devices. �. Replace 2 11 brorzn ar missin3 elecli de��ices. 6. Instali s:::oke d�tecto:s pe: U.B.C. �T LJMB3NG� _ i_ Firsi FIccr -12v kitchen sir_�; an� Iau:dry �bs aze noL vented (dLCt *.ape on p��st�c pipe, etc.). ir<s:a'_I zli plumbing 2nd gas pipiag � pe; code. HE AT1tiG: 1. Clean, ORS �T te�t z*:d crec?; a�I saf ty controls. 2. Test hest exchar�er. 3. instali combus_�on air. JUL-0E-1997 0E�58 ST PRUL PL3LiC HcALTH 612 222 2?70 P.07iH7 May 7, 1997 Fage 3 �ode Compliance Inspection Report FtE: 559 Edmund 7-TRATING: (continued) 4. Clean combustibles from azound fumace. 5. Provide heat Second Floor. COURT OF APPEALS NUMBER CO-97-1383 �� This property was inspeczed as being a single family residence. `L�Q7E : • - . i. . See attachment for pemui requirements. � 2, This property is designaYed by ihe Heath Department as a Categary �3 which requires a$2,000 Perfotmance Bond ot Aeposit at the time the permit is issued. Sincerely, ��.'� ��, Donald F. Wa�ner Building Inspector DPW:aw aYtachment i07PL ?.87 , COURT OF APpEALS � �` NUMBER CO-97-1383 AGENDA OF THE SAINT PAUL C1TY COUNCIL Wednesday, May 7, 1997 - 3:30 PM PUBLiC HEARINGS AT 4:30 P.M. CITY COUNClL GHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 266-8565 O�ce of the City Council CONSENT AGENDA NOTE ALL ITEMS LISTE� UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION, THERE WILL BE NO SEPARATE DISCUSS�ON OF THESE ITEMS. IF DlSCUSSION 1S DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSlDERED SEPARATELY. FOR ACTiON Approval of minutes of April 2, 1997. 2. Claims of Amy Campanaro, Earl McDonald, and State Farm Insurance (for John Steifer). Motion and Motion for Summary Judgment, E�ibits and Order in the matter of Patrick A. Carlone vs. the City of Saint Paul. 4. Sutmnons and Complaint in the matter of Lapkwang Tsang and Aau Yin Tsang vs. the City of Saint Paul. Letters from Saint Paul Public Health declaring 659 Edmund Avenue and 855 Woodbridge Street as "nuisance properties." (For noti�cation purposes only; public hearings will be scheduled at a later date if necessary.} Administrative Orders: D001220 Authorizing the Department of Planning and Economic Development to contribute $5,000.00 for consulting services for the Twin Cities Economic Development Group. D001221 Authorizing the Office of Human Resources to reimburse vendors for costs incurred in conducting employee relations and recognition programs in 1997. D001222 Implementing delegation of signature authority on City contracts. COURT OF APPEALS NI TMBER CO-97-1383 659 Edmund Avenue April 24, 1997 Page 3 East Side 14 15. There are large gaps in the concrete block foundation. The basement window wells are filled with refuse and debris. 16. The basement windows are boarded. 17. 18. 19. The first floor windows are boarded. The wood surfaces are rotted and deteriorated with eracked and peeled paint. There are large gaps and holes in the eaves and soffit. North Side 20. 21. 22. 23. 2�1. zs. 26. 27. 28. 29. The plywood cover at the top of the cellaz stairway has been removed. The basement door is open and broken. The exterior stairway 2o the basement is filled with refuse and debris. The rear concrete patio is settled, buckled and cracked. The entryway wood landing is rotted, deteriorated, poorly footed and improperly sugported. The fust floor windows and rear entry door are boarded. There are gaps in the eaves and soffit. The wood surfaces are rotterl and deteriorated with cracked and peeled paint. The rear of the dwelling is partially painted and unpainted. The second floor window uun has cracked and peeled pairn Garage � 30. The service door is ilI-fitting. 654 Edmund Avenue Aprii 24, 1997 Page 2 This building(s) is subject to the restrictioas of Saint Paul Ordinance Chapter 33A3 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. 3'his is a two-story, frame dwelling with a detached, oversized, one vehicle, wood frame garage. Er.terior South Side The front window and door are boarded. 2. The eaves and soffit are rotted and deteriorated with cracked and peeled paint. 3. The second floor screens are ripped. 4. There are large gaps in the foundation block and mortar. West Side 5. The west side of the dwelling is partially painted and unpainted. 6. There are large gaps and holes in the eaves and soffit. 7. The exterior wood surfaces have cracked and peeled paint. 8. There are gaps in the concrete foundation blocks. 9. The sidewalk is settled, buck3ed and cracked. 10. The basement window wells are filled with dirt and refuse. ii. The fust floor windows are boazded. 12. The exterior walls are bowed. 13. The chimney has gaps between the bricks, the mortar is cracked, crumbiing, and missing in places. 659 Fdmund Avenue Apri124, 1997 Page 6 Middle Room 60. The carpeting is soiled and rotted. _bi. The linaleum is missing. 62. The walls and ceiling have cracked and peeled plaster and paint. 63. T'he windows are not intact. 64. The window is broken. 65. There are household items, refuse, debris and furniture stored in this room. Kitchen 66. The appliances have been removed. 67. The kitchen cupboards and cabinets have been removed. 68. The wa11s and ceiling have cracked and peeled paint. 69. The ceranuc tiles aze loose, missing andlor poorly installed. 70. The ceiling is collapsing. Bathroom 71. The bathroom has a strong odor of feces and urine. 72. The flooring has been removed. 73. The floor is not continuous nor impervious to water. 74. There is feces in the toilet. 75. The bathtub is not properly caulked or sealed. 76. The window is broken and not intact. 77. The handsink is not properiy installed. . � COURT OF ApPEALS NUMBER CO-97-1383 659 Edmund Avenue _ April 24, 1997 Page ? Note: The water service is off. Living Room ?8. There are numerous household items, refuse and debris suewn throughout. 79. The carpeting is soiled and matted. 80. The floor is soft and spongy. 81. The window is broken and the sash cord is missing. 82. The window uim and windows are ill-fitting. 83. The screens are ripped. 84. The ceiling and walls have cracked and peeled paint and plaster. 85. The wood irim and baseboard etc., have cracked and peeled gaint. 86. The walls and ceiling aze soiled. 87. The floor is soiled. 88. The closet is fuli of household items, refuse and debris. Common Landing Bottom of Front Stairwell 89. T'he floor is soft and spongy. 40. The linoleum is ripped and torn. FirsE Floor Living Room 91. The living room floor is uneven and settled. � � 92. The carpeting is matted, soiled and rotted. �OURT OF APPEALS � V[JMBER CO-97-1383 659 Edmund Avenue Apri124, 1497 Page 9 112. The ceiling tiles aze broken and missing. 113. The ceiling grid work is bent. 114. The walls are buckled and wazped. Kitchen 115. There aze numerous items of food, debris, refuse and household items, etc. strewn throughout. l lb. The kitchen is partially painted and unpainted. 117. The ceranvc tiles ue missing from the wails. 118. The ceiling has cracked and peeled paint and piaster. 119. 11ae wallpaper has peeted away from the walls. 120. The counter tops and appliances aze soiled. 121. The floor is not continuous nor impervious to water. 122. The linoleum is ripped and missing in places. 123. The floor is soft and spongy. Note: There is evidence of a rodent infestation throughout. As owner, agent or responsible party, you aze hereby notified that if these deficiencies and the resuiting nuisance condition is not conected by May 27, 1997 Saint Paul Public Heaith will begin a substantial abatement process to demolish and remove the buiiding(s). The costs of this acdon, including administrative cosu and demolition costs wIll be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Section, 3S0 St. Peter Sueet Suite 300, Lowry Professional Building (612)266-9�01. This inspecrion will identify spec�c defects, necessary repairs and legal requirements to correct this nuisance condition. 5� � i� � � � h` ! �4 F t� �� E C�4 i�� L. Presented By Referred To RESOLUTION C1TY OF SA1NT PAUL, MiNNESOTA Council File # � `�— SYd Green Sheet # � \ \�� WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removat of a two-story, wood frame dwelling and detached, oversized, one-vehicle, wood frame garage located on property hereinafrer refened to as the "Subject Property" and commoniy known as 659 Edmund Avenue. This property is legaliy described as foliows, to wit: I.ot 21, Chute Brothers' Division No. 3, an Addition to the City of Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before April 29, 1997 , the following are the now known interested or responsible parties for the Subject Properry: Johnnie & Kelley Brown, 760� Bristol Village Dr. #102, Bloomington, MN 55438; Fleet Mortgage, 11200 West Parkland Avenue, Dept.663, Milwaukee, WI 53224, L,oan# 8254302; Fleet Mortgage Group, 324 West Evans Street, Florence, SC 29501, I.oan# 8254302. WFiEREAS, 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 April 24, 1997; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuantto Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subjeci Proper[y by May 27, 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 WHEREAS, this nuisance condition has not been corrected and Public Health requested that the Ciry Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Councii; and WHEREAS, the interested and responsible parties have been served notice in accardance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public heazings; and `�,`1— a'�c� WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 1, 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 Sub}ect Property safe and not detrunental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with a11 applicable codes and ordinances. The ret�abilitation or demolitian of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 7uly 9, 1997 and the testimony and evidence including the action taken by the Lzgislative Hearing Officer was considered by the Council; now therefore BE IT RE50LVEA, 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 659 Edmund Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Cflde, Chapter 45. 2. That the costs of demolition and removai of this building(s) is estunated to exceed three thousand dollars ($3,OOQ.QO). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to.the then known responsible parties to correct the deficiencies or to demolish and remove the buiiding(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Aealth has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacanUNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolurion and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: L The above referenced interested or responsi6le parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accozdance with all appiicable codes and ordinances, or in the alternative by demolishing and removing the stmcture in accordance with a11 applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. ��l- � �� 2. If the above corrective action is not completed within this period of time the Pubiic Aealth, 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 incuned against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the Ciry of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department o£: sy: Approved by�t By: � / Date � 13 ��` r �rd� B f�LLU�llS�x�G¢- Porm Approved by C`ty Attorney ' \ By: Approved by yor £or Submission to Counci� � By: � Adopted by Council: Date ° Adoption Certified by Counci S etary �1.�1- � � � os !06A T 97 GREEN SHEET N° I91.15 I CONTAGT PERSON & PHONE INITIAVDATE INRIAVDATE Charles Votel 298-4153 DEPARTMENTDIRE�CTOR — CITYCOUNqL RSSIGN CITYAZ'fORNEY Z /' / CtTYCLERK FUMBEfl FOfl — �f MUST 8E ON COUNqt AGENDA BY �DATE) HOUTING BUDGE7 DIREC70R � FIN. & MGT. SEAVICES �1R. July 9, 1997 ORDEfl �MAYOR(ORASSISTANT) � is TOTAL # OF SIGNATURE PAGES jCLIP ALL LOCATIONS FOR SIGNATURE) ACTIOtS REOUESTEO: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced buildi.ng(s). 2f the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 659 Edmi:nd Avenue. RECOMMENDAT�ONS: npprove (A) or iteject (R) pERSONAL SERYICE CONTRACTS MUST ANSWER THE FOLIOWlNG QUESTIONS: __ PLANNM('i COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm aver worked under a contract for Ynis tlepartmenY? _ GIB COMMITfEE _ YES NO _ STAFF Z. Has this persoNfirm ever been a city empbyee? — YES NO _ o�s'rRiCr CoURi _ 3. Does this OQ�soNfirm possess a skill not normalry possessed by any current city employee? SUPPOflTS WHICH COUNCIL OeJECTIVE? YES N� Ezplaln eil yes answers on separete sheet and attach to graen sheet INITIATING PROBLEt IS �IE, OPPO F TIINiN (Who, Whgt, When. Wh e. Wf� ). This buil�ing(s) is a nuzsance Yiui�iding(s) as defined in Chapter 45 and a vacant building as de£ined in Chapter 43 of the Saint Paul LegislaCive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 659 Edmund Avenue by May 27, 1997, and have failed to comply with those orders. F�� .;�'`"�� , �� '� t� a � �, fa A�VANTAGESIFAPPROVEO. " � B � 4(1lSy The City will eliminate a nuisance. � �� .�� '�2.:�= ;r�:�:.� �� tl� �}��`�� JEIi� � � i�:�� . ---- .__4_._.----�.�_�__�-.-,xr. �ISADVANTAGES IP APPROVEO, 2he City will spend funds to wreck and remove this building(s). These costs will lae assessed to the properCy, collected as a special assessment against the property taxes. OISADVANTACES IF NOT APPROVEO. A nuisance condition wi11 remain unabated in the City. This buildiag(s) will continue to blight the community. I { $7,000 - $8,000 TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CiRCLE ONE) YES NO Nuisance Housing AbatemenC 33261 FUNDING SOURCE ACTNITV NUMBER FINANCIAI INFORMATION: SE%ALAIN) SHAP{RO & NORDMEYER, L.L.P. ATTORNEYS AT IAW T3QQ MEfRO 80ULEVARD, SUITE 390 GEf2ALDM.SHAPIRO' EDINA,MINNESOTA 55439-2306 DAVID KOEISMAN" NANCYA.NORDMEYER LAWRENCE P. ZIELKE 6EfHW.ASMUSSEN DARCY A. W EILER 'licensetl in Illinds aM FbMa "leensetlmlllwisonty August 5, 1997 VIA FA% AND HAND DELIVERED (266-8574) Attn: Dave Thune City Council President City of St. Paul 15 West Kellogg Blvd. - ROOM 310B St. Paul, MN 55102-1&94 q� -ggQ � TELEPHONE (6t2) 831-4060 TELECOPIEA: (6t2) 831-4734 �,",�';�� sa��`. �'a'«€x �� 7 .�'�+"�. ; f:7�( Re: City Council Agenda for Motion for Stay of Enforcement Property Address: 659 Edmond Avenue, St. Paul, MN 55104 City Council No. 97-880 My File No. 97-14997 Dear Councilperson Thune: Enclosed and served upon you via fax and by personal delivery please find Notice of Motion and Motion for a Resolution, City of Saint Paul, Minnesota together with proposed Resolution. As requested in my letter of July 28, 1997, please place me on the City Council agenda. Thank you. Sincerely, .- � �� d- �awrence P. $�e Attorney at Law LPZ:qev cc: Peg Birk/City Attorney, Attn: Stephen J. Christie, Esq. City ClerkfCity of St. Paul John Westrick, Esq. Pam Eder (FLO) Loan No. 82543�2-M �� o Council File #97-880 NOTICE OF MOTION AND MOTION FOR A RESOLIITION� CITY OF SAINT PAIIL� MIlINESOTA TO: City of St. Paul and its Counsel, Peg Birk, City Attorney, Stephen J. Christie, Assistant City Attorney, City Hall, 15 West Kellogq Blvd., St. Paul, Minnesota 55102. PLEASS TAICE NOTICE, that on August 13, 1997, at a time set by the City Council agenda, the undersigned will move the City Council for the following relief: 1. Stay of enforcement, pending appeal, of the resolution to demolish the building at 659 Edmund Avenue, upon the following terms: a. Relator, Fleet Mortgage Corp., shall be responsible for the exterior maintenance and security of the property at 659 Edmund Avenue; And, b. Relator, Fleet Mortgage Corp., will indemnify and hold harmless the City of St. Paul for any tort claims up to the statutory limit of six hundred thousand dollars ($600,000.00), durinq the pendency of the appeal. Said motion is based upon the Writ of Certiorari, represented by a Notice of Case Filing, State of Minnesota, Court of Appeals, Case No. CO-97-1383, a copy of which is attached hereto as Exhibit A; And, upon a companion appeal from Ramsey County District Court, represented by a Notice of Case Filing, State of Minnesota, Court of Appeals Case No. Co-97-1382, a copy which is attached hereto and q�-�g� made a part hereof as E�ibit B. Relator and Appellant Fleet Mortgage Corp. is in the process of moving the Court of Agpeals to consolidate the Appeals for purposes of judicial economy. Said Motion is also based upon all oE the records, Piles and proceedings herein. Lawrence P. Zielke will appear at the City Council hearinq to address the Council, if oral argument andjor presentation is allowed. Dated: August 5, 1997. SHAPIRO & NORDMEYER B , ,�t�ac2 � �` L rence P. Zie] - 152559 00 Metro Blvci.� Suite 390 Edina, MN 55439-2306 (612) 831-4060 S&N No. 97-14997 Attorneys for Fleet Mortgaqe Corp. -2- STATE OF MINNESOTA COtSRT OF APP8AL5 ��-��Q NOTICE OF CASE FILII3G Tria1 Court Case #: Case Type: Agency Review LAWRENCfi P ZIET.xF SHAPIRO & NORDMEYER 7300 METRO BOULES7ARD S`TE 390 EDZNA MN 55439-2306 auc o 4 �ss� °' ' v L.7t} �fn ( ��' ` �JL� Case Title: Fleet Mortgage Corp., Relator, vs. City ot SainC Paul, Respondent. * You are notified that case number CO-97-1383 has been assigned to this matter. Please include this number on all subsequent filings, including correspondence, to this office. Also, glease include your Attorney Registration License number on all filings. The appendix to your brief must have pages numbered consecutively from beginning to end and must contain an index. Failure to comply may result in rejection of the appendix. This office wi11 send notice to the Tria1 Court Administrator when transmission of the trial records and exhibits is required. *** Conformed copiea of writ enclosed. Promptly file affidavits of service upon adverse parties and agency. PURSUANT TO THE COURT'S ORDER, ANY DEFICIENCIES NOTED MUST BE REMEDIED WITHIN TEN DAYS. PAILURE TO COMPLY WITH THIS NOTICE, ALL APPLICABLE RTJI.�ES, COURT NOTICES, AND ORDERS, MAY RESUI,T IIS THE IMPOSITION OF SANCTIONS. . Dated: July 31, 1997 BY 2HE COURT: Frederick K. �rittner Office of Clerk of the Appellate Courts 305 Minnesota Sudicial Center St. Paul, MI�T 55155 r b;-r ,q STATE OF MINNESOT COIIRT OF APPEALS LAWRENCE P ZIELKPs SHAPIRO & NORDMEYER 7300 METRO BQULEVP.RD STE 390 EDINA MN 55439-2306 Case Title: Fleet Mortgage Corp., Appellant, vs. City of Saint Paul, Respondent, a NOTICE OF CASE SILING Trial Court case #: C1976989 Case Type: Appeal from Order � AU� � �� <<�� .�� You are notified that case number C9-97-1382 has been assigned to this matter. Please include this number on all subsequent filings, including correspondence, to this office. Also, please include your Attorney Registration License number on a11 filings. The appendix to your brief must have pages numbered consecutively £rom beginning to end and must contain an index. Failure to comply may result in rejection o£ the appendix. This office will send notice to the Trial Court Administrator when transmission of the trial records and er_hibits is required. PURSUANT TO THE COURT'S ORDER, ANY DEFICIENCIES NOTED MUST BE REMEDIED WITHIN TEN DAYS. FAILURE TO COMPLY WITH THIS NOTICE, ALL APPLICABLE RULES, COURT NOTICES, AND ORDERS, MAY RESULT IN THE IMPOSITION OF SANCTIO23S. Dated: July 31, 1997 BY THE COURT: Frederick K. Grittnex Office of Clerk of the Appellate Courts 305 Minnesota Judicial Center St. Paul, MN 55155 �x�fb��' l3 �1-�BC� Council File # Green Sheet # RESOLIITION CITY OF SAIDTT PAIIL� MIN2IESOTA Presented by Referred To: Committee: Date 1 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 27 2s 29 30 31 32 WSEREAB, the Court of Appeals has issued a writ of Certiorari to the City Clerk of Saint Paul regarding Council File No. 97-88� regarding the demolition of 659 Edmund Avenue and has the authority to stay the enforcement of the council resolution to protect the subject-matter of the appeal pursued by Fleet Mortgage Corp., and wHEREAS, the same realtors have also filed a motion before the City Council requesting a stay of execution of the resolution, and FTHEREAB, the Court of Appeals may well remand a certiorari appeal back to the City Council to impose reasonable terms and conditions of a stay pending appeal and the City wishes to avoid any further delays in the abatement action, and WHEREAS, Fleet Mortgage Corp. has agreed to indemnify the City of St. Paul for any tort claims during the pendency of the appeal; now, therefore, be it RESOLVED, that the City Council will stay enforcement of its resolution to demolish the building at 659 Edmund Avenue upon the followinq reasonable terms and conditions which it finds will adequately protect the health and safety of the citizens: First, the relator Fleet Mortgaqe Corp. shall be responsible for the exterior maintenance and the security of the property at 659 Edmund Avenue; and, a�-�g0 � 2 3 4 Second, the relator Fleet Mortgage Corp.-wi11 indemnify and hold harmless the City of St. Paul for any tort claims up to the statutory limit of six hundred thousand dollars ($600,000.00), during the pendency of the appeal. Adopted by Council: Date Adoption Certified by Council Seczetzzy ay: Approved by Mayor: DaLe Request by Department of: Fublic Health Bv: Form Approved by City Attorney Approved by Mayor for Submission to Council By: n}.: 07/28/97 15:2B F.93 6128S1d±5A SH.�PIRO-NORDMESR " SHAP3RK} & hSORgMEYER, L.L.P. x�vsivu�w Tj7p NE'�AG Bd.AEVMO St7;'�E S� GEAA1-DliS7AP6t0' EQINA. M1fCh'ESCTA SS�39•2306 �A1RO IQ;E756lAPI" NkNCY A NOMlIEI'EA LftWFB7CEP.ffii11� 8ET}IIT.A$LSU�.+EJ3 DAACR G.�IEII.Eft M1kxa�nro�mbrdfMb. �WewlbID�oYrnd' Jul� Z8� ZQ}� Attn: nave Thnne City caunciS President City oY St. Paul 15 West Kellagg Blvd. - ROOM 31aB St_ �aul, T�i 55182-1694 Re: F1eet Mortgage Coxp.. v. Cit� of St. CotLrt File No. C1-97^6989 Propertp Address: 6a9 Edmand Avenue, Loan No. 8ZS4302-M piy File No. 4?-14997 D2dT Mr. TRune: Paul � 003�00� ��-�g� 7HL�PHat�E (fit2S �-�0 7FLECOPIFA (652) B3i�734 St. Paul, MN 551iJ4 This is a farmal request to appear on the City CounoiJ. agenda for August 13, 19s7, to fox�mally seek. a stay of demolition of 659 Edmond a+venue, pending ay�p�al to the Court of Appeals of the City Council resolution ordering c�emoli�ion o£ the building. Fnrmal motion papers wiil fallow. z£ you hav� any qvestions conaerning this request, I trust that you will contact Mr. C'hristj.e at the City Attorney's office. Thanlc you. . � S � P. 2ri lke at�i�w LPZ:gew cc: Stephan Christia Assistant city Attarney Alice M. RadgersJPropertp Preser9ation (FLO} Loan ldo. 8254342-M SAINT PAUL PUBLIC HcAL7H Nea! Ho(1an, MD., M.P.H., Disector � L -� �� CiTY OF SA1NT FAUL NUISANCE BUlIlJI.YGS CODE Norm Coteman. Mayor ENFORCEMEM SSS Cedar Sveet Saint Paul, M1J 55107•21b0 i 3une 6, 1997 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council 611-198-4l53 Saint Paul Public Health, VacantlNuisance Buildings Enforcement Unit has requested the City Council schedule public heazings to consider a resolution orderin; the repair or removal of the nuisance building(s) located at: 659 Edmund Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing -�'uesday, July 1, 1997 City Council Hearing - Wednesday, July 9, 1997 The owners and responsible parties of record are: Name and Last Known Address 3ohnnie & Kelley Brown 7600 Bristol Village Dr. #102 Bloomington, MI�T 55438 Tnterest Fee Owner Fleet Mortgage 11200 West Pazkland Avenue, Dept.663 Milwaukee, WI 53224 Loan# 8254302 Fleet Mortgage Crroup 324 West Evans Street Florence, SC 29501 Loan� 8254302 Mortgagee Mortgagee F...;..-� ' � �.':`.? aa�'sa"li� , _ .. ._ . ��:�;�� _,.�-.�,.,: � �� - �� 659 Edmund Avenue June 6, 1997 Page 2 The legal description of this properry is: Lot 21, Chute Brothers' Division No. 3 an Addition to the City of 5aint Paul. Saint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Pubiic Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buiiding in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be coliected in the same manner as taxes. cerely� rt ' `� � �.�1 Reneta Weiss Program Supervisor Vacant/Nuisance Building Unit 5aint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Aan Pahl, PED-Housing Division 01-93 SUMMARY FOR PUBLIC HEARING 659 Edmund Avenue I.egisIative Hearing - Tuesday, 3uly 1, 1997 City Coun�il - Wednesday, July 9, 1997 The building is a two-story, wood frame dwelling wiffi a detached, oversized, one-veIucle, wood frame garage on a lot of 4,96Q square feet. According to our files, the dwelling was condemned in Tanuary 1 997 and it has been vacant since February 1997. The cunent properry owners are 3ohnnie & Kell rown ner Ramsey County Property Records and Revenve. The� owneis�.ntend to rehabilitate ffie dwelling There have been six (6) SLTMMARY ABATEMENT NOTICES issued to: remove refuse from the yard, cut grass and weeds and immediately secure the dwelling. There has been one VEHICLE ABATEMENT issued, On April 17, 1997 an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TO ABAT'E A NUISANCE BUTLDING was issued on April 24, 1997 with a compliance date of May 27, 1997. As of this date this properry remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant $uilding registration fees are due and owing since February 1997. Real Estate taxes are paid. On May 6, 1997 a Code Compiiance Inspection was done. (attached) As of July 1, 1997 the $2,000.00 Bond has not been posted with the Suilding Inspecdon Department. Code Enforcement Inspectors estimate the cost to repair this structure is $35,000. The estimated cost to Demolish is $7,390. The Public Heaith Resolution submitted for consideration ordets the property owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes Public Health to demolish and assess the costs to the property. � CITY OF SAINT PAUL Norm Coleman, Mayor May 7, 1497 Jotmnie & KeI1y Brown 7600 Bristoi Village Drive #102 Bloomington, MN 55438 Re: 659 Edmund Deaz Property Owner: OFflCE OF UCENSE, INSPECTIONS AND ENV(RONMENfALPROTECTfON Robert Kesster, Disector LDWRY PROFFSSIDNAL &UtLDtNG Suite 300 3S0 St Peter S:�eet SairttPaut, Mirtrsesara 55t02-f510 7'elephone: 672-166-9090 Fauimile: 6I2-166-9049 bl1-266-91 N Pursuant to your request 659 Edmund was inspected May 6, 1997 and the following report is submitted: BUILDING: i. Insure complete floor in cellaz. NOTE: Celiar fuli of debris and could not be properly inspected. 2. Repair hatchway opening. 3. Repair or replace walls and ceilings as necessary throughout. 4. Replace ail walls, ceilings, floors, floor covering, trim, etc. that are ill-constructed and construct all in a workman like manraer and complete. 5. Repiace wali that has been removed between Farst Floor front porch and living room or � must be constructed to code. 6. Replace deteriorated floor below tile First Floor bath. 7. Repiace or provide new floor covering throughout as at is open, badly soiled and ill- fitting or missing. 8. Repair hatchway to cellar. 4. Repair or replace deteriorated or missing trim, s�ffit, facia, frieze boazd, etc. 10. Replace deteriorated rim joist as necessary. 11. Replace broken oz missing siding. 12. Tuck point foundation. 13. Tuck point chimney. 14. Replace deteriorated ill constructad rear step landing to be structurally sound, uniform, etc. 15. Repiace damaged roof covering. 16. Repair fencing or remove all. 17. Provide complete repair of gazage (siding, roof covering, doors, trim, etc.). May 7, 1997 Page 2 Code CompIiance Inspection Report RE: 659 Edmund $UILDING: (continued) 18. Provide hand and guazd rails a11 stairways and steps as per aitachment. 19. Provide thumb type dead bolts for all entry doors. 20. Repair or replace any deteriozated or missing window sash, broken glass, sash holders, etc. as necessary. 21. Provide storms and screens complete and in good repair for all door and window openings. 22. Pregaze and paint interior and e�rterior as necessary (take the necessary precautions if lead base paint is present). 23. Provide general clean-up of premise. 24. Provide smoke detectors as per UBC. �LECTRICAL: aseme t 1. Install jumper around water meter. 2. Install connectors on romex at service. 3. Install I S AMP breakers on #14 wire. 4. Replace damaged romex and strap romex to code. k'irst Floor 1. Move bedroom light box down flush with ceiling. 2. Ground bathroom light. 3. Repair G.F.C.I. outlet. Gara. e�- (Lockedl 1. Remove or re-wire all improper wiring. 2. Re-wire feed to code or remove. eral l. Install outlets and lights per Bulletin 80-1. 2. Ground a113-wire outlets. 3. Correct reverse polarities at outlets. 4. Repair al1 non-working electrical devices. 5. 12eplace all broken or missing eIectricai devices. 6. lnstall smoke detectors per U.B.C. PLUMBING: 1. First Floor - lav, kitchen sink and laundry tubs are not vented (duct tape on plastic pipe, etc.). Install all plumbing and gas piping as per code. HEATING: � 1. Clean, ORSAT test and check all safety controls. 2. Test heat exchanger. 3. Install combustion air. May 7, 1997 Page 3 Code Compliance Inspection Report RE: 659 Edmund �ATiNG: (continued) 4. Clean combustibies from azound fumace. 5. Provide heat Second Floor. ZOl�Nr: This property was inspected as being a single family residence. �tOTES 1. See attachment for permit requirements. 2. This property is designated by the Heath Aepartment as a Category #3 which requires a$2,000 Performance Bond or Deposit at the time the permit is issued. Sincerely, �� „� s�-�, Donald F. Wagner Building Inspector DFW:aw attachment � ��'�� MINUT'ES QF LEGISLATIVE HEARING July 1, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Wiliits, Public Health Gerry Strathman calied the me�ting to order at 10:02 a.m. Summary abatement appeal for 9Q0 Carroll Avenue; Amedia LaFond, appellant No one appeazed; Gerry Strathman recommended denial of the appeai. 2. Summary abatement appeal for b94 Jenks Avenue; Laura Emerson, appellant. I3o one appeazed; Gerry Suathman recommended denial of the appeal. 3. Vehicle abatement appeal for 656 Short Street; Taza Fohrenkamm, appellant. No one appeazed; Gerry Strathman recommended denial of the appeal. 4. Resolution ordering the owner to remove or repair the referenced building, located at $5 Litchfield 3treet. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. (Rescheduled from June 25 Legislative Hearing to July 1 Legislative Hearing per City Council). Chuck Votei presented photos and reported the property is in the process of mortgage foreclosure, it will take $20,000 to repair it, and it was condemned in 3anuary of 1997. This property was previously laid over by Councilmember Coilins. No one appeared; Legisiative Hearing Officer recommended approval of the Public Health order. 5. Resolution ordering the owner to remove or repair the referenced building, located at 1147 Virginia Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Rescheduled from June 25 Legislafive Hearing to 7uly 1 Legislative Hearing per City Council). Margaret and Norman Jones appeazed and stated they live neact door to this property and it is not being maintained. Chuck Votel presented photos and reported his office has not been able to contact the owner, fees aze unpaid, and property repair could be up to $60,OQQ It would cost $5,000 to $6,000 to demolish it. a -��o Legislative Hearing Minutes July 1, 1997 Page 2 The owner did not appear; Gerry Strathman recommended approval of the Public Hea.ith order. 6. Resolurion ordering the owner to remove or zepair the referenced building, located at 477 Curtice Street East. If the owner fails to comply with the resolurion, PubIic Health is ordered to remove the buiiding. Lloyd Rabanus, representing owner, and Wally Nelson, prospective buyer, appeared. Chuck Votel presented photos and repozted the house has been vacant since June of 1996, there aze three summary abatement notices, hvo cita6ons issued, the City has secured the building against trespass, real estate taxes have not been paid, and no bond has been posted. The cost to repair the building is $50,000. WalIy Nelson asked what he had to do to keep the property from being tom down and stated he has a closing date of July I S on this property. Mr. Strathman informed Mr. Neison that the $200 vacant building fee has to be paid, a code compiiance inspection has to be done, and a$2,000 bond needs to be posted. Mr. Strathman suggested Mr. Nelson do what he can and then attend the July 9 Council meeting. Chuck Votel explained to Mr. Nelson that he may not be able to post the $2,000 bond uniess he is the owner. Gerry Strathman recommended approval of the Public Health order. 7. Resolution ordering the owner to remove or repair the referenced building, located at 806 A��te Street. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. Betty Asmussen, attorney for Equi Credit Corporation, and Pat Donohue, Realtor for Equi Credit Corporation and mazketing the property, appeazed. Chuck Votel presented photos and stated the house has been vacant since December 1996 and is currently for sale. The vacant buiiding fees and reai estate ta�ces aze paid. The cost to repair the properiy is $35,000. The cost to demolish it is $8,100. Beriy Asmussen stated Equi Credii is requesting 4-6 months before the city demolishes the properry. There is a person interested in purchasing it. Equi Credit has been maintaining the grass and the properry is secure. They prefer to seil "as is" to a prospective buyer. Pat Donohue stated the buyer is a contractor. Gerry Sttathman stated the building has been vacant for s'vc months and has been declazed a nuisance. If a buyer is prepared to post a bond, the City is prepared to give the buyer more �t.�l - �° Legislative Heazing Report July 1, 1997 Page 2 8. Resolufion ordering the owner to remove or repair the referenced building, located at 0 at Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 9. Resolution ordering the owner to remove or repair the referenced building, located at 5$,�5 Woodbrid e Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the structure to January 1, 1998 if a$2,000 bond is posted by noon on Jufy 9, 1997. 10. Resolution ordering the owner to remove or repair the referenced building, located at ¢S,� Edmund Avenue. Tf the owner fails to comply with the resolution, Public Health is ordered to remove the buiiding. Legislative Hearing Officer recommended approvai and amended the date for repair or removal of the structure to January 1,1998 if the vacant building fee is paid and a$2,000 bond is posted by noon on 3uiy 9,1997. �1'O�d Legislative Hearing Minutes July 1, 1997 Page 3 time. Mr. Strathman suggested talking to Councilmember Collins and attending the July 9 council meeting. Gerry Strathman recommended approval of the Public Health order. 8. Resolution ordering the awner to remove or repair the referenced building, located at $55 Woodbridge Street. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. John Nelson and Steve Johnson appeazed, Chuck Votel presented photos and stated there aze four summary abatement notices on the property, the City has had to board this building to secure it against trespass, the vacant building fee is paid, and the real estate taxes are unpaid. The cost to repair this building is $35,000, The cost to demolish is $6,600. John Nelson stated he purchased the properiy to rehabilitate and occupy. FIe would like to move in by winter. Mr. i�ielson asked was there any way to get azound the $2,000 bond to buy windows and doors instead. The grass is cut and the building is secure. Mr. Nelson has been at the address everyday. Steve Johnson stated he has known John Nelson for 20 years. Mr, Nelson does good work and plans to redo the entire house. Gerry Strathman stated the $2,000 bond should be posted by noon 3uly 9. If that is done, Mr. Strathman stated he will recommend 180 days to bring ihe properly up to code. Mr. Strathman suggested Steve Johnson attend the Council meeting on Juty 9. Gerry Strathman recommended approval of the Pubiic Health order, and amended the date for repair or removal of the structure to January i, 1448 if a$2,000 bond is posted by noon on July 9, 1997. 4. Resolution ordering the owner to remove or repair the referenced building, located at ¢,_59 Edmund Avenue, If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel presented photos and stated the building was condemned in January 1997. The basement is full of gazbage and there is severe structural distress. However, the ta�ces are paid and the owners got a code compliance done. ��` , Legislative Hearing Report July I, 1997 Page 4 No one appeared; Gerry Strathman recommended approval of the Pubtic Health order and amended the date for repair or removal of the structure to January 1, 1998 if the vacant buiiding fee is paid and a$2,Q00 bond is posted by noan on July 9, 1997. 10. Summary abatement appeai for 1457 Hazelwood Avenue; Donald Eyinck, appellant. Dona3d Eyinck requested S weeks to work on cleaning the azea. Gerry Strathman viewed photos and stated the items in the yard are a pubiic health hazard. Rodents may be living in the brush. C,erry Strathman recommended denying the appeal but al]owing the owner until August 1, 1997 to take care of the problem. Gerry Strathman adjourned the meeting at 11:04 a.m. � GERALD M.SHAPtR�• DAVID KREISMAN" NANCYA.NORDMEYER LAWRENCE P. ZIELKE eETt4 W. A$lhUSSEN DAACY A WEILER -ix.,�w w wNa..m m.a. 1k�m.EMNtim�ceny 3uly 18, 1997 SHAPIRO & NORDMEYER, L.L.P. FT70RNEY5 AT U�.' 730D NE?RO BOULE�ARD, SU1TE 390 EDINA, MINNESOTA 55<39-2306 TELEPHONE: (61� 837 -bD60 TELECOPoER: (612) 83b4734 Ramsey County District Court Administrator Ramsey County Courthouse 15 West Kellogg Blvd., Suite 600 St. Paul, MN 55102-1694 Re: Fleet Mortqage Corp. v. City of St. Paul Loan No. 8254302-M - My File No. 97-14997 Dear District Court Administrator: . RECEIVFp JUC 1 g 1997 CITY �LERK Enclosed for filing please find the following: 1. Summons, Complaint with Exhibits; 2. Memorandum of Law; 3. Proposed Order; 4. Filing Fee oi $132.00; 5. Notice of Motion and Motion; 6. Affidavit of Lawrence P. Zielke. Sincerely, Lawrence ?. Zielke Attorney ac Law LPZ:gev Er,closure cc: Shirley Sailors (HUD) F.liA No. 271-?7°.9732 City of St. ?aul and Attorney ��pt�i1C� ?.�rz��Ci� d•��i� t� � 'l'�� ti �d .JU L. ��'� b A1ice Rodqers (rL0) Loan No. 82543G2-M STATE OF MI23NESOTA (� D=STRZCT COIIRT COIINTY OF RAM3EY 1��C� ��,(L�� a,�� `}� SECOND 3[7DICIAX. D28TRSCT F1eet Mortgage Corp. Plaintiff, File No. vs . SI72�A50NS The City of Saint Paul, Defendant{s). THE STATE OF MIZIL•IESOTA TO THE ABOVE-23AMED DE�ENDANT: YOU ARE HEREBY 5172�1oNED and required to serve upon plaintif£'s attorney, within 20 days after service of this Summons, exclusive of the date of service, an Answex to the attached Complaint of the plaintiff, which Complaint is on file in the O£fice of the above- named Court, which Complaint is herewith served upon you in accordance with the Rules of Civil Procedure of the State of Minnesota. The object of this action is to enjoin a condemnation proceeding. If you fail to answer the Complaint within the time aforesaid, judqment by default will be taken against you �or the relief demanded in said Complaint, together with plaintiff's costs and disbursements. This action involves, eifects or brings into questions real property situated in tne CounLy of Ramsey, Sta�e of Minnesota and legally described as follows: Lot 21, Chute Brothezs' Division No. Three (3), an Addition to the City of Saint Paul. Dated: July 1^0, 1997. SHAPIRO & NOI2DMEYER i -; � By: , Lawrence F_ Zielke - 152559 Pttorney for Plain�iff 7300 Metro Blvd., Suite 390 Edina, MN 55439-230b (612) 831-5060 97-14997 STATE OF HI23NESOTA CDL3NTY OF RAMSEY Fleet Mortgage Corp., Plainti£f(s), V5. City oP Saint Paul, Plaintiff for Defendant(s). its Complaint Defendant(s), alleges: I. DISTRICT COIIRT SECOND 3IIDICTAL DISTRICT CASE Tl'PE TE21: IXJIIDiCTION Eile No. COMPLAINT against the above-named Fleet Mortgage Corp. is a corporation organized under the laws of the State of South Carolina and is a mortgage lender authorized to conduct business in the State of Minnesota. T=� That Fleet Mortqage Corp. is tne assignee oP Midwest Mortgage Corporation, the original mortgagee on �ha� certain mortgage given by Johnnie M. Brown, single and Ke11y E_ Brown, .7r., single, to Midwesi Mor�gage Cor�oration, dated December �l, 1989 registered March 8, Z990, in the Office of the Ramsey County Registrar of Titles as Doc. No. 91675S. zzz. That said nortgaae was an encunbrance upon the following legally described property: Lot 21, Chute Brothers' Division No. Three (3), an Additian to the Citv of Saint Pau1; this property is commonly known as: 659 Edmond Avenue, St. Paul, MN 55104. IY. That said mortgage will foreclosed by advertisement pursuant to a sheriff's mortgage foreclosure sale to be held on August 27, 1997 at the Ramsey County Sheriff's Office, and a true and correct copy of the "Notice of Mortgage Foreclosure Sale" is attached as Exhibit A hereto. l�! That the six month statutory redemption may not be reduced to five weeks as allowed by Minn. Stat. §582.032, because the mortgage pre-dates December 31, 1989. vz. That this is an FHA insured mortgage, FHA No. 271-4799732, and Fleet Mortgage Corp. will ultimatsly convey this prooerty to the Secretary o£ Housing and Urban Develonment pursuant to a li:aited warranty deed, if no redempLion occurs. vII. Tha� rleet Mortgage Ccrp. paid the $200.00 "vacan� building" fee ,7uly 9, 1997, and tne building annears to have been abandoned by the fee owners, Johnnie M. Brown and Xelly E. Brown, Jr. -2- va=a. That the City of Saint Paul has instituted a condemnation proceeding relative to the subject-matter premises located at 659 Edmond Avenue. z�. The City Council ordered that the property be demolished at it's July 10, 1997 City Council meeting, after a"15" day period, which will expire July 25, 1997, pursuant to "Resolution" attached as Exhibit B hereto. X. That Fleet Mortgaqe Corp. and its insurer, the 5ecretary of Housing and Urban Development, will be irreparably damaged by the demolition of the subject ma�ter premises. xs. Because P1eet blortgage Corp. andJor the Secretary of Housing and Urban Develop-�en� 3o no� yet nold fee title, Fleet Mortgage Corp. and/or i�s inserer do not :ave �ne abili�y 4o make the necessary chznges and/or =:aorovements to become code compliant. xz2. tibon information and belief, F1eet Mortgage Corp. has secured ar.d win�erize3 the prooerty pursuant to federal regulations issued by the Secretary of Housing and Urban Develonment. -3- WHEREFORE, Plaintiff prays for an order temporarily restraining and/or enjoining the City of .Saint Paul from demolishinq the property for a reasonable period of time to. allow Fieet Mortgage Corp. to convey the property to the Secretary of Housing and Urban Development, or in the alternative to bring the property into code compliance, and for such other and further relief as the Court deems just and appropriate. Datec'1: Ju1y 1&, 1997. SFiAPIRO�& NORDME ER , ,/ � J � � `. sx��ti�lu.;; ��-� �%' Lawrence P. Zielke - 152559 , .Attorney for P1a3ntiff 7300 Metro Boulevard, Suite 390 Edina, Minnesota 55439-2306 (612) 831-4060 97-14997 The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn_ Stat., Section 5�9_21, Subd?vision 2, to the party against whom the aliegations are asserted. �. � . " \; ! ., �. Lawrence-P. Zielke -�;- . : { . , ... NOTICE OF MOR7GAGE - . � ' FORECLOSVRE SALE - . � � ' , . - ' TRE ASGBT 70 VERIFICA?IDN OF TRE ;': .:::�.:� _'.=� - . , . ." � - _ - ' . : DEBT AND IDEHTITY OF T �PROYID£D :�'.'�_;.: -��.: . . � � � � . ' - ; CR£D320R WISAIN TFiE TSMS . � � ; . �. . . , � � � BY LAW IS NOT AFFBCTED BY 2HIS ..?=,:� '� -.' . _, _ , . . : ACSION. � ' , ' , ' .. _ � • ' ' N�?ICE IS HEREBY GIVEN. [hat detault . � .. - ' � - - • has ocevrrcd Sn the condltfons ot the . ' . � � . _ - � �'foilowing described mortgage: :. •.. � . - -_ - • DATE OF MOATGAG£: Dettmbcr 21. �.:.. �- "' : . _ -- -- - '��1989 . ': . . _ . . � � - � � � pRIGiNAL PRSNCSPAL AMOUNT OF� �' , .. _ .. � - : : :;.: . � . , MORTGAGE: 537.150.00 . ' - � = � MOR7GAGOR(5�: Johnnt< M. Srown.. .._ � - - . -= single and Kclly E. Brown. Jr., Stnglc � � � � �� ' ' - - - " ' • . � ' � MOR7GAGEE: Mldwcst Mortgage, : - .. ' - - ' - _ "� Corparation , _ " � ' ' ' � � � � • DATE AND PLACE OF ftEG1S7ERfNG ON . . . . � � , . . , . ' . � ` RE6ISTERED LAND: Registtted Marth e. � _ , . � � ' � � 1990. Ramscy County Rcgisczar aC TLUcs,'�� . _' . . � : . . " � � • ' ' DocumcntNo.916758 �� . . � � � . . ' ASSIGNMEKTS OF MORTGAGE: � . � � � Asslgncd to: TCF Moztgagc Corporatlon � Datcd: Dc[cmbcY 21, 1989. Regts[crcd: March 8, 1990. Documcnt No. 916759. ' - � � ThcreaftcY azsigr.cd to: Flcc[ Mortgag< Cofp., , ' � Datcd: January 5. 1990, Rcgistcrcd: Mazch 8. ' �.. . i 1990 az Documca[ No. 916760. _ ' � � � • ' ' ' LEGAL DESCRIPTION OF PROPER'fY: � � - � ' ' � ' � - Lot 21, Chutc Brochcrs' Divlsion No. Thrcc (3). xn AdC:tion co thc CSty of Saint P2u1 COUPTY IN WHICH PROPERTY IS LOCATED:Ramsey AMOUNT DUE ANO CLAIMED TO BE DUE AS Or DATE OF NOtIC°. IhCLUDING TAXES, IF ANY, PAID BY R20RTGAGEE: 556,984.37 THAT ali pre-Corcclosure r<auirc:acnts ha�•c bcrn conplSCd with; that no actlon or nrocecding has becn instituc<d zi Law' or . . . o[huwisc m recC�'4 the debC seCU:ed by said ':-. ,• ,^.tortgagt. ot z�y ?ut thercof: :'= , PLRSUANT. to the poa•c: of sale �;:` �' con[ained ia said ^o:ig�g<. thc aCov< '. dcsc:ibed propc.^.y will bc soia by thc SSC ��t � of sald countp as folloa�s: " DhTE eL\D TI.Vi£ OF 5�!-: A::gus: =., - 1997, 10:00 A.>i. ' • ?LACE OF SALE: ShcitPs Diaia O:ficc, � 1s W esc x<ttogg 9t. d.. st. ?aul. �4N .. . . .o pay the Ccbt secnrcd by sasd mo:tg2gc �� aad caxcs, ff a.:y. on said p:=^�scs and �he > costs and dss5crserncnt5. induLing atmrncys �� _ . i<cs zllowcd 3y law, suSjccc :o :cdcmptlon . w]th3n sis months Cror.v .•`•� dam ot said '. sale by :h< mcr;gagor(s} :heir pr.sor.al ' . . rcprescnta:mcs o: zssigr.s. Da:cd: luly ^_. 1997 r^L°_ET ?10ft: GAGc COftP. Asstgncc of ?torga�ec SHAP[Rd & \O�D'dEY=R. rB�CY A. `�OftO�t�YER. L.A\4R.=,\C: �. ZlrLli=. A[mrncys tor .?ssigac= of 1Sortgagec. 7300 hitL-o 5::'d.. Sw[e 390, cG:aa.>fti �3439-2306 {612) 831-t06Q THIS IS .LV ATTESIPT TO COLLECT � , DEST AZQD A-i =' II'�FOR4IATIOti OST-4LtiEIJ WiLL B£ li5E'J FOA :x-�1T ��RPOSE. fJuh• g,».19-?5.?.uH. ��9) = c - - ST. P.3liL LEG.jL LEDGER = _ � _ � � Yti- S7ATE OF MflNNESOTA ) COUNTY OF RAMSEY ) ss. CITY OP S7. PAUL ) 4, Frances Swansan, Deputy City CterK of the Cify of Saint Paul, Minnesota, do hereby certiiy fhat 1 have oompared the aitached copy of Covncii Fite No. 97-880 as adopted by the City Councit on July 9, 1997 and approved by the Mayor on ,1uly 13, 1997 with the original thereof on fiie in my office. 1 further certify that said copy is a true and correct copy of said original and the whoie tfiereof. Wl i NESS, my 3�and and the seal of the Ciiy of Saint Paul, Minnesota this 16th day of Juiy 1997, �� (', `�t ri Jl,' S�1,�� -v- � (t.lJ. ) � DEPUTY CITY CLERK �n �:. � � '� � QC�I��i�v� Pzesented By Referred To RE50LUTl ON C{TY OF SAINT PAUL, MINNESOTA coun�il File n Green Sheet n �`�1 SCY� \�`�S VdI-IEREAS, Public Health has requested the City 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, oversized, one-vehicle, wood frame garage Iocated on_property hereinafter referied to as the "Sub}ect Property" and commonly known as 6�9 Edmund Avenue. This property is IeQally described as follows, to wit: Lot 21, Chute Brothers' Division No. 3, an Addition to the City of Saint Paul. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by. Public Health on or before April ?9, 1447 , the follo��.�in� are the no��.� l:nown interested or responsible pazties for the Subject Property: Johnnie &?Celley Brown, 7600 Bristol VilIase Dr. n102, Bloomin�ton, MN 55438; Fleet Mortga�e, 11200 West Parkiand Avenue, Aept.663, Miiwaukee, ��'I S.i22^, Loan� 82�4�02; FIeet b'Iort�age Group, 324 ��est E��ns S�reet, Florence, SC 29501, Lo2*.'i;` 825^—.302. �VHE12E.4S, Pubiic Healrh has served in accordance ��;th the pro��isions o; Ci;a��°_r =� oi �h� Saint Paul L °OSSl ative Co�e aa o:der idencified 2S a� "Order to .��iDBIZ �U7SciiC° �llil�1:?E!�}�� Ca;�Q .4pri1 2=, 1997; 2ne �1'�'1.C.icL.�S. Lf!!S OiC�.' :IlIOIi71°ff t�� .nen kno��n in�ere 6C r�S � ?:." _ DOII_1Dle D$�IES i. i iPE st;�acmr loc2ted on the Subject P;openy is a nuisanc� ouildin�(s) pursuznt to Chapt_r ".�; �r.d �i'HEREAS, this crde; in�o��..ed �he incerested o: resao, sible panies that �hey �_:us: r:pair or den�lish the strucmre located en �he Suoj�ct Prope:�y bt� :�?av 27, 1497; and SyHE?ZEAS, tl:e e:.;o:c�:r.ent o�.'�cer has posted a p!acard on t'�z SLO;�ct Pre�e:;�� ceclarir.�_ this building(s) to cor.sd �:e a nuisar.ce eond•,tion; subject co demo!ition: and WFiEREAS, chis ::aisar.ce cor.di�ion has not been correcced and P�1L:ic i�ealth req��es�e� tiiz� :he Ciry Cleri: schedule pn�lic nearin�s before the LeQislati�e Hearin_ Ofii�er oi �i:: Cir, Cour.c;l and the Saint Paul Ciry Councii; znd 1'1HEREAS, c?:e ir:�e:esced zr.d r�sponsible pa;ues ha�e oeea served notice in �cce:dance wich the provisions of Chzpter =`� of �he S2in( Paui LeRisiaci��e Code, oP the r,me, dzce. �i�ce zr,d gu�ose ei che public hea:inas; and `l.�l — a'� WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 1, 1997 to hear testimony and evidence, and afrer receiving tes[imony and evidence, made the recommendation to approve the request to order the interested or responsible panies to make the Subject Properry safe and not detrimentaI to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this swcture in accardance with all applicable codes and ordinances, or in the alternative by demolishing and removing the suucture in accordance with all applicable codes and ordinances, The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and � . WHERF_IiS, a hearing was heId before the Saint Paui City Council on Wednesday, July 9, 1997 and the testimony and evidence in�luding the action taken by the L.egislative Hearing Officer was considered by the Council; now therefore BE IT RE50LVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint PauI City Councii hereby adopts the folIowing Findings and Order concernin� the Subject Property at 659 Edmund Avenue: 1. 'I'hai the Subject Pzoperty comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 4�. 2. That the costs of demolition and removal of this buiIdin�(s) is estimated to exceed three thousand doltars (S3,OOQ.00). 3. That there no�v exists znd has existed multiple I-Iousing or Buildin� code viola[ions at the Subject Property. 4. That an Order to Abate ?�uisance Building(s) was sent to the then I:nown responsible parties to correct the deiiciencies or to demolish and remove the buildino(s). J. TR2C LfIZ d e:iciencies cz��sir. i his nuisance condition have not been co;recte 6. Tna[ Duoiic Health hzs �ested a alzcz;d on :he Scbject Prep�r}� �vhicn eectares it _o D8 2�LiS2i)C� COIIdl(ICi! S1D1°C*. IO C°P,lO�IClOi1. /. T!:�i :P7`> ^L'1;�1R°_ R.�.S C��Il i0:+?; monitar Dy ch� �'acaat/:�uisanc Rll11Ci7�S Cee� �n;o,cement Pro�,�:r�. S. Tae.� �^e u�o�cn inte*�s:ed �zrues and o�vners are as pre��ioesly stz[ed ia this resoluc+.e� an� that the ret;i:estion reauir�men;s oi Chapcer 45 have been fuiiiiled. ORDE� Tne Saint : aui C;r; Counci] ; e-eo�� maties �h•� ;oilo«in� order: I. Tne abo�•e r��e:e:,ced ir.�eres�ed er :espor.ci�le part;es shall n�a!:e the Subject P:opery safe 2ne :�ot deir:mencal to the nuo:i� peace, health, saiety an� �aelfare and remove its bliant;r.3 IF7IIL'�:1C� 0:7 C:1' COI^1]iUP.l[V b�' C�.^.3D:Ilt2i1.^.� LG3S Siit1CCLLC 3AC1 COZi�CPIl� 311 C�eT1C:e�CIC'S 8S Dresc:ibed in che abo��e reierer.�ed O;cer to .�bate \uisance Building(s) in accordance �z�idi 3�� 2DD�1CcD!: COG �T-'i� OLG]^3:;��. Cf lII �ne aJterna�ive by demolis; ID_°_ and removing CI1c= struc��re in zccore2nc� `�•ich �li a��lic�ble codzs and ordinances. Tne :enaoilita[ion or ��T:OIICIC:1 cP.d i�.fi0\'21 Ci t�?? c;,^.��;l;re ,;;ust be cor,:pleted ��ith;n rifreen (l�j da}�s after �h dz[e oi [i:� CoLr.cil Hearin�. ��l - � �° I 2 3 �4 5 6 7 8 9 10 11 12 13 2. If che abave corrective action is not completed wichin this period of time the Public Health, Code Enforcement Program is hereby authorized to tal:e whatever steps are necessary to demolish and remove this suucture, filI the site and charge the costs incurred against the Sub}ect Property pursuant to the. provisions of Chapter 45 of the Saint Paul Txgislative Code: 3. In the event the building is to be demolished and removed by the City of Saint PauI, all personal properry or fixtures of any kind which interfere with the demolition and zemoval shall be removed from the properry by the responsible parties by the end of this time period, If alI personal property is not removed, it shali be considered to be abandoned and the Ciry of Saint Paul shall remove and dispose of such property as provided by law. 4. Tt is further ordered, tha[ a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the SainT Paul Legislative Code. =-- ssc<_� ---_c-.=-= -=� s�� : /� �ti,,:�f i��`' z�� - __._� �y . � � �'� 3 �a� � E�-t' l%.�l�l.�/i ?c_� __roved by c:_.. �___.- - - .�w-�... � --- ___� cv . :cr =�_ 5��...:_=s_oa to . ��c:lr . _ � f�� _ - _ __. : cc�.._zi. �a_e � \ G 199�`1 ' _-"'-✓�''-=_-�--� �_� Cc�-c_' Sr\ et' . STATE OF MINNESOTA COIINTY OF R21M3EY Fleet Mortgage Corp., Plaintiff(s}, vs. City oF Saint Paul, DISTRICT COITRT SECOHD JIIDICIAL DISTRICT CASE TYPE TEN: INJUNCTION File No. , NOTICE OF MOTION AND MOTION FOR TEMPORIiI2Y RE5TRAINING ORDER TEMPORARY INJUNCTION ANDjOR 1'ERMANE23T INJ'IINCTION Defendant(s). TO: City of St. Paul and its attorney, Steven Christy, Assistant City Attorney' PLEASE TAKE NOTICE, that on , 1997, at a time set by the Court, the undersiqned will move �he above-named Court, at the Ramsey County Courthouse in St. Paul, Minnesota, for an order: 1. temporarily restraining the Plainti£f from raising, demolishing or removinq the building at 659 Edmond Avenue, St. Paul, M23 55104; and 2. for a temporary injunction halting the City of S�. Paul iro*a demolishing 659 Edmond �venue, St. Paul, idiv 55i0^-_; and 3. for a permanent injunction enjoining the City of St. Paul from der,olishinq 659 Edmond Avenue, St. Paul, MN 55104; and �. other reliei as the Court deems just and eauitable. Said motion will be based upon tne Summons and Complaint, as well as the accompanying memorandum o£ Iaw and all the all the Piles, pleadings and records herein. Dated: July 18, 1997. SHAPIRO & NORDMEYER IrawTence P. 1�lke - 152559 �7300 Metro Blvd., Suite 390 Edina, MN 434-23�6 {612) 831-4060 Attorney 'for F1eet 47-14997 ACKNOWLEDGMENT REQIIIRED BY MINN. STAT. §549.21, SIIBD 1 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned or her client acted in bad faith; asserted a claim or defense that is frivolous and that is cos'tly to the other garty; asserted an unfounded position so2ely to delay the ordinary mnse of the nroceedings or to hzrass; or committed. a fraud upon the Court. � �� .% � �. ��—�%/�,� �-{ cc/� ? J �- = i / Lawrence P:�'Zielke STATE OF HIN23ESOTA DISTRTCT COIIRT SECOND JIIDICZAL D23TRZCT COII2iTY OF RZiMSEY CASE TYPE TE2i: INJIINCTIOlY Eleet Mortgage Corp., PlaintiPf(s), File No. vs. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER City of Saint Paul, Defendant(s). FACTS AND PROCEIIIIRAL HISTORY On December 21, 1989, Johnnie M. Brown, sinqle and Kelly E. Brown, Sr., single, granted a mortgage to Midwest Mortgage Corporation in the original principal amount of $37,150.00, said mortgage ultimately b=ing assiqned to Plaintiff, Fleet Mortgage Corp. (hereinafter Fleet). Payments were not made on the mortgaqe and a mortgage foreclosure by zdvertisement action has been commenced and a sheriff's sale is set for August 27, 1997 at the Ramsey County Sherif°'s Office. Iz no redemptian is made from the sneriff's sale, Fleet will becone the f2e owner on rebruary 27, 1°93. The six mon�n s�a�utory redemption may not be reduced to five �aeeks as zllowed by Minn_ Sczt. §582.032, because the nortgage pre- dates December 31, 1939. The City Council Legislative Hearing Officer held a public hearing to consider a council resolution ordering the repair or removzl oi the bu?lding loca�°d a� 659 Edmond Avenue. The legislative hearing officer recommended to the City Council on July 10, 1997 that the building not be razed until January 1, 1998, if certain, conditions be met. The City Council voted to raze the building. INJUFICTIYE RELIEF SHOIILD HE GRANTED A. Leaal Background The purpose of injunctive relief is to protect the status quo pending litigation. St Jude Medical Inc. v. CarboMedics, Inc._, 764 F.2d 500, 502 (Sth Cir. 1985j(applying Minnesota law); Dahlberq Bros. Inc, v. Ford Motor Co., 272 Minn. 264, 279, 137 N.W.2d 314, 324 (1965). Furthermore, an injunction should issue where the failure to preserve the status quo ante will preclude effective relief from being granted to the comglaining party. Pickeriqn v. Pasco Marketina. Tnc., 303 Minn. 442, 444, 228 N.W.2d 562„ 564, (1975); Seward v. Schreiber, 240 Minn. 489, 492, 62 N.W.2d 48, 50 (1°54). St is weli es4ablished in Minnesota that, in decidinq whether �o arant injunc�ive relief �o an apolicant, the courts are to apply WR2L are known as the Dahlbera factors iactors: There are five Dahlbera (1) nature and background of the relationship between the parties; (2) harm to be suifered if the tenporary restraint is denied as compared to t:at inflicted on de£endant if the injunction issues; (3) likelihood that one party or the other will prevail on the meri'ts; (4) nublic policy as e�tpressed; and (5} adninistrative burdens of the judicial supervision and enPorcement. -2- Dahlbera Bros., 272 Minn. at 274-75 „ 137 N.W.2d at 321-22 (1965); Overholt Crop In5 Serv Co. Inc. v. Berdeson, 437 N.W.2d 698, 701 (Minn.Ct.App. 1989). Aere, an analysis of the Pacts of this case, as they now appear, warrants the imposition of injunctive relieP. B. Nature and Backaround of the Parties� Relationship Fleet is a duly authorized servicer of federally insured loans under the Federal Housinq Administration program, hereinafter "FHA". FHA loans are under the province of the Secretary of Housing and Brban Development, and is represented locally by a "HUD" o£fice in Minneapolis. Because the property will be conveyed to AUII after the redemption period expires, HUD is the ultimate party in interest, and as a governmental body, has a long running relationship with the local housing authorities for the City of St. Paul. C. Balanca oi Harm P_nalvs?s The harm co be su£fered by Fleec is none o�her than �he loss of che build_ng uoon wnich it has a security in'terest and which was secured by a mortgage in excess of $37,000.00. Fle°t faces not only the loss of value, but the cost of the demolition. On tne o�her hand, the harm suffered by the City is merely the delay of demolition, or better yet, the benefit of a revitalized and rehabilitated house, i� an appropriate third party buyer can be -3- found by The Secretary of Housing and Urban Development. Conveying the property to HUD by Fleet without the house on the lot may jeopardize the insurance claim of Fleet. Thus, the balance of harm analysis weighs greatly in favor of Fleet. See Western Union Telearaph Co b Industrial Com'n of Minnesota, 24 F.Supp. 370, 374 (D. Minn. 1938); Overholt Croo__, 437 N.W.2d at 701. D. Merits AnalVSis Demolition of a house is a drastic remedy, that should only be employed as a last resort. Rehabilitation by responsible parties should always win out over demolition. E. Public Policv Analvsis Theze is little doubt that there is a shortage of affordable housing in the metropolitan area. The problems of the core cities are well documented. fihe problem is no� that a house sits on the subject premises, but a house that does not meet code compliance. Assum?ng.a responsinle third party purcnaser can be located tha� wi11 brinc the property up to code, this clearly weighs in �avor of a temporzry injunction �o pronote affordable housing in tne core cities. Burden Upon the Court Given the fact �hat there are two responsible parties, the Ci�y and Fleet, the burden of enforce�ent of an injunction would be -c- minimal. Both at�orneys have been be£ore the Court on numerous similar situations, and have worked well toqether to .coordinate similar cases. CONCLIISION The Dahlberg analysis weighs strongly in favor of Fleet, and injunctive relief should issue allowing Fleet time beyond the end of the redemption period to locate a third_party buyer and/or to brinq the property up to code. Respectively Submitted, Dated: July 18, 1997. SHAPIRO & NORDMEYER �., /�� '� � ./� -��LG'ZGG� i%' � i%!�G� Lawrence P. Zie3ke•- 152559 �' ' -' 7300 Metro Bl,dcl.,� Suite 390 , Edina, MN 55'439-2306 - (612) 831-4060 P_ttorneys for Fle�t -5- STATE OF MINNESOTA COBPITY OF RAMSEY Fleet Mortgage Corp. Plaintiff, vs. The City of Saint Paul, Defendant(s). DI3TRICT COIIRT SECOND JIIDZCZAL T3I3TRICT File No. •-� The above-entitled matter came before the Court pursuant to a motion for a temporary restraining order by Fleet Mortgage Corp. Lawrence P. Zielke appeared on behaif of Plaintiff. Stephen J. Christie appeared on behalf of the City of St. Paul. Based upon the files, records and proceedings herein, IT IS HEREBY ORDERED: The City of St. Paul is restrained from demolishing the building located at 659 Ednond Avenue, St. Paul, MN 55104, until , 1997, at which time Plaintiff wi11 have to make new application to 'the Court for any additional injunction_ Furt�er conditions o� �his Order aze as iollows: Dated: , 1997• BY THE COURT: Judge of Dis�rict Court STATE OF MINNESOTA COUNTY OF RAMSEY Fleet Mortgage Corp., Plainti£f, vs. City of Saint Paul, Defendant. STATE OF MINNESOTA ) )ss. COt3NTY OF IiENNEPI23 ) DISTRICT COU12T SECO2SD JUDICYAL DISTRICT Case type: Injunctive Court File DTo. AFFIDAVIT OF LAWREI3CE P.. ZIELKE 1. That your affiant is the attorney for Fleet Mortgage Corp. 2. That this mortgage misses the eligibility for a reduced redemption period by 10 days. The mortgage is dated December 21, 1989, and Minn. 5tat. §582.032 requires that a mor�gage be dated December 31, 1989, or thereafter to qualify for a reduced redemotion period for abandoned proper�ies. 3. Attached as Exhibit 1 is the Notice of Public Hearings, Sunmary oi Public Hearing and inspec�ion repor� for 659 Edmund Avenue. 4. Representatives for "HUB" have not had an opportunity to review the property, including the inside, to determine if they consider the building to be worth savinq. 5. This loan did not because delinquent until March 1, 1997 (due February 1, 1997) and was referred for foreclosure to Shapiro & Nordmeyer on June 20, 1997. 6. In the course of the foreclosure process, the condemnation was discovered, and Fleet was represented at the City Council meeting when the resolution was adopted, and a request for more time was turned down by the Council. 7. A mortgage lender, pre-sale, has only a limited right of entry pursuant to Minn. Stat. §582.031, and that is to prevent waste, not to rehabilitate pYOperty. 8. "HIID" has direc�ed FHA loan servicers to seek a restraining order under these circumstances to allow "HUD" an opportunity to evaluate and possibly market the property. FURTHER YOUR AFFIANT SAYETH NOT Dated: ,7u1y 18, 1997. SHAPIRO & NORDMEYnR ��`f' , a G�:� � / l � � // ' L'awrence P.,-Zielke :'Attorneys for' Plaintif£ � 7300 Metro Boulevazd Suite 390 Edina, MN 55434-2306 97-14997 SllbSCYl'ilEC� driCl sworn to be�ore ne �`"'�`�"`��"` this 1S�h day of Suly, 1997. �\ -�-..� �t�'==� �. ��%-�•:< C .. " NJ'A..° 'r.k,:`C ...r ..q'A �. ��J/�L7.j . J� 'r�L%ctt - "T :J�na•...lvi �..,,r I._.... .. Notary �PUb1ic .,..,,,.�:;�;_.�.�,.....-, ._.-. , ., _ -2- SUL Cc��o � �nUL rLn�� ._ _,^ -_- �== GrrG .._= �� SaINT PAU6 PUBUC HEALTH ' � Ntal HoRaL MD.. M.PX Dixrtm : CiTY DF SAfi�iT PAUL l :� NfJIS(NCE SL'lLDLYGS COD6 612-298-l153 Norm Caiamcn. MaYoi � -• , F1fFORCEr1fEhT � � ._ . SSS Cedar Svicet . _. .. Sei,u Pw+L 1d1+ SS70l-126� ..�...+r ' ' June 6, 1997 NOTiCE QF PUBLIC T.-IEARINGS Fleet Mort�a�e Group 324 West Evans Street Florence, SC 29>O1 LoarvY 82�4302 To alI Einowzi Responsible andior interested Parties Dear Sir or Niadasn: The Saint Paul City Couacil u�d the Legislative Heasin� �fncer of the City Council have schedcled public heazings to consider a Councii 12eso1ution orde:irg the repair or removal of the buiIdin�(s) located at b�9 Edmund Avenue. in accordance -.;iLh the prov;sions ci tae Saint Pau1 Le�isl�*.ive Ccde Chza:er 4�, z11 o��r!e:s of record and ather inte:�sed ps.�;ies u':th a k:,o'�Z izterest :a ihis btildiag(s) a;e hereby notified of these hea:in_s. At t2:ese hearings testimony 1'•'ill be heard frem �he ?ublic i3eait, Enforce;.zent Ofricer �nd �n� oLhei pz"ties wno ' to b> h:�-d. The Co�rcil wi?: .:eoat = resolution describing �.'. zt ac:ioa, ii :np the Cou:.cil deeras ��gropri�te. �lease be advise the ?Lblic He�-ing b�for� � I:2 L:;�?SI2i1�'Z He�-in? O�i�� : is schednied ;or: Tuesday, JnIy 1, 1997, at 10:00 a.m. in Room 33Q, Cily HaiI, I� ��'est Kellogg Bouleti Saint PauI, ?1�N ��IO2 1 Sl� 7.,.°.�!Sl�?i'J0 i �ii?C°Y V.111 i'i.°,_: iel� �Cl�.�..w ;'_i:Q _Ti��C°_ 2 LeCOTT2:�4�ilOR i0: �.C:iC:? to th� iuIl Cit,� Couzcii: ��ednesday, Jui�� 9, 1997, at �:30 p.m. in ihe City Council Chambers, 3rd Floor Cin� Hall, 15 ��'esf KeIIoQa Boule�ard, Saint Paul, �4�T\ ��102 �� FF�r�/v; %" �r�= =; JUL -�57 �c�j7 �- "nu� r��_.� -_ ��.. �-� --- c .� . .w �r 659 Edmuad Avenue June 6, 1497 Page 2 AII costs incurred by the City, including inspection costs, administrative costs, ritle searches, filing fees and, if necessary, demolition and removal expenses, will be assessed a�aznst the rezl estate as a speciai assessment to bc collccted in the same manner as real estate taxes. If you have any guestions conceming this mar•.er piease call tbe VacantlNuisance Buildings Code Enforcement Section at (b12)298-4153. � " cerely, � � Reneta Weiss Program Supervisor VacantlNuisance Buildin� Unit Saint Paul Public Hea_lth RW :mt 01-93 �UL -��! oc•�r n� rn�_ r��_._ ._-_... '__ _'_ '. - ._- �. SLJM�ZAxcY �'OR PUBLTC HEA1��.NG b�9 Edmund Ayenue I,egislative Hearing - Tuesday, 3uly 1, I997 Ciry Council - Wednesday, JuIy 9, I947 The building is a tcvo-story, wood frame dwellin� wich a detached, oversized, one-vehicle, wood fiame gazage on a lot of 4,9b0 square feet. Accordiug to our files, the dwellin; was condemned in 7anuary 1997 and it has been vacant since February I997. "i'he current property owners are 7ohnnie & Keliey Brown, per Ramsey County Property Records and Revenue. The owners intend ta rehabilitate the dwelling. There s.iave been six (b) SUMMARY ABATE?v1ENT NOTTCES-issued to: rerriove refiise from the yard, cut �rass and weeds and immediately secur� the dweliing. There has been one VEHICLE ABATEME.NT' issued. On April I7, 1997 an irspection of tfie building was conducted, a list of deficiencies which consrimte a nuisance condition was developed and photographs ��ere taken. An ORDER TO ABATE A NliISAi�TCE BLTILDI?�TG �vas issued on April 2-",, 1997 with a compliance date of May 27, 1997. As of this date this properry remains in a condition which comprises a nuisance as defined by thz Iegislative code. The Vacant BuiIdina regis�ration iees �e dee 2nd owin� since �eb�uary 1997. Rea1 Estate taxes zre paid. On Maq b, 2997 a Code Cenplianre Inspectioa was done. (a?*ached} as of luly l, i997 ��e 52,C00.04 Bond has noc been nested with tne Buildina ?nspectie*: Deaarumenc. COC E:u�orce^ienc :nspec.ors estimace LnC COti i0 72pcii u'11S SL�I:CIlli� :S �J5�,0��. �P.0 estimated cest �o De_noL+s:� is Si,3°0. �II Rblic ?�s�!th Rasole�;on sub�:i«zd °GL CGTL1�2T2I:0: O:QOIS �7e p iODO:i� 04%T1EL LO I°a21I' O I.°.IIlOV.°. i_�i'::$ SiI11Cit1Le '�!LilII I11LC.°.II �15� C��jS, 11` P.CT IP..'- I�SO�l-'I:OII �LL Pl:D�7C I1�ZIIY1 ID Qii?i0}ISR =IIQ 255�SS iR? CCJI� i0'u^: CLODZi�t. JUL'2� '_S7( ��=�7 �� r�J� r_c_.� .-c-_ .. � CITY OF SA1NT PAUL �� NO�m Ccl�mart, .Lfayor May 7,1947 Johnnie & Kelly Brown 7fi00 Bristol'Viilage Drive �102 Bloomington, MI�I 55438 � Re: 659 Edmund Dear Property Owner: G�< GGG G(!U �.�_�pl OF:7CEOFLICEi:SE. ECttO\S.�.vD �'VS�20. �ME3.'lJ+L YROTECi'SO:: Rabot Rrrilcr, D�xcm� LOWRY PROFESSION.SL 9UIGDING Suiu 30f7 ' . 33Q St. Percr S+�cer Saint Pesst. Mlrusesora SSl01-1S10 Tdeplra.u: 6lI-16G9090 FaaL+eile: 6I7-266-9099 6(2-166-912s Pursu :nt Yo your request 6�9 Ednund was inspected May 6, 1997 and the following report is submiYed: �JTI.Dit.?G:_ 1. . Insi:re complete rloor in celtaz. NOTE: Cellar full o£ debris and could not be properly inspected. 2. Repair h2tchway opzni*�e. 3. Re�air o: reolace u and ceiliaas as necess2.y ihroughout. S. Replace ali walis, ceitiags, floo:s, ?loor covering, trir_m, etc. �hat are ill-constructe3 znd consL z1I in a�:�orkm2n like rann�r z�d complete. S. �e�iace wzll that has oeen :e �o�'ed 'eetr��een �;rst tioor iront porc:t znd ? iving roo� o; �i_1 must be constr�c:ed .o code. 6. ReDlace deteriorated floor below tile First Floo: bath. 7. Re�lzce or Drovide r.ew floor cov�.;ag ti',:oug7eut as it is aoen, b2nly soiled and ill- :Ii1:R° OT 7C11SS?Il?. 8. Repai.- ha*cnway to cella.-. 9. 1 h eaa.ir cr IZv�2C° 4�:°Ii0i2SCG Ci :r.!ss;n� Tri:::, SoIT_it IdC12� iri�ze ooard ELC. 10. Re�12ce dete:iera+e3 :i.� joist zs zecess�'. 1 l. Replace bro';en or nissin� sicin�. 12. Tuck pei�t `oeadatioa. l3. Tu�k point ch;n,�>v, I4. Reoizce G�2:°IlOL2:_d 11� COri=_��Ci2'� Cz'S 512P 1 �^.ding to b � StNCttf2�ly SOt!i1a, L'IIliOT?, EiC. ? �. Re�+lac� eam2;ed *oo; cove:;�.�. 16. Reo��r ieacing or renoo•e ail. i7. Pre�iee �o�plet2 :; ai; oi g��;� (sicina, rcofco�erin2, doors, t_:ri, etc.). � nJ� . : � .. � � � � . . ..... �. . JUL-2: i�77 0;��c •..•_.., .... May 1, 1997 Pagc 2 . Codc ComplianCe in5pection Report RE: 654 Edmund B TT DTT? J: {coniinued) 18. Provide hand and guard rnils z11 stauways and steps as per artaclunent. I4. Pravide thumb type dead bolu for aIl entry doors. ' 20. Repair or replace any deteriorated or missing window sash, broken glass, sash - holdcrs, cte. as ncccss2ry. 21. Providz storms �.nd screens complete and in good repair for all door as�d window open±ngs. 22. Prepaze and paint interiar and exterior as necessazy (take the necessary precautions if lead base paint is present). 23. Provide general clean-up of premise. 24. Provide smoke detectors 2s per UBC. _ �C.F.CTRICAL: a ement l. Install junper around water meter. 2. Tnstall connectors on ronex at service. 3. Install 1� A�iP bre2kezs on n14 wire. 4, Replace d:naged romex and strap romex to code. Firct Flonr I. Move bed.00� lignt box dov,n flush wZth ceiling. 2. Ground'oaL'�.�oo� tight. 3. Reoair Cs.F.C.I. outlet. Garaoe - (Lockee�l � 1. Remove or te-w�:e aII lic.DTOy�Z wzring. 2. �.°-W7i2 �� LO COC° OLI°:i OV�• -eneraI 1. Install outlets �nd Ii� ;'s eec B_ilerin 80-1. Z. 3. � Ground z?I 3-wirs oudets. Correa re � er_<e eo!uities 2t outlets. Repai* ztl non-�orki�� eleccrical devices. R�place z11 brokea or rnissir.3 elecli-icsl de�•:ces. Tnstall s-cke d�tectors pe: U.E.C. ��}�sar�c� . 1_ First Flccr -?av, kitchen s:r ��z� la•,�r.dry �bs are not vente3 (dcct *.ape on pl2s�:c pipe, etc.). Ir.s:2'I zli riur.+_bir,� and gas pipiag as pe= code. HEATI�i+Ca: � -- -- 1. Cleen, ORS �T te�t �:d c`r:ec�: �ll sai�ty con�rols. 2. Test hea[ exc'r?�2er. 3_ ir.stali cc.:�bus'_oz 2ir. JUL-0c-1S77 20��2 ST PRUL ?L�_i� rcaLTH May 7, 199? Page 3 Codc Compiiance Inspection Report RE: 659 Edmund NF.ATING: (continued) 4. Clean combustibles from azound fumace. 5. Provide heat Second Floor. ZONING: This property was inspccted as being a single family residence_ s_z 2zz z�7a �.a�.a� NoTFS: � . 1. . See attachment for permit requirements. �� 2. This property is designated by the Heath Depaztrnent as a Category �3 which requires a�2,000 Performance Bond or Deposit at the time the pemut is issued. Sincerely, �� Donald F. Wa�ner Bnilding Insgector DFW:aw aitachment �o?r! �.D� COURT OF APPEALS � � , NUMBER CO-97-1383 AGENDA OF THE SAtNT PAUL CITY COUNC►L Wednesday, May 7, 1997 - 3:30 PM PUBL{C HEARINGS AT 4:30 P.M. CiTY COUNCiL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 266-8565 Qffice of the City Councii CONSENT AGENDA NOTE ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL LE NO SEPARATE DISCUSSION OF TNESE ITEMS. IF DISCUSS��N IS DES(RED, THAT ITEM W�LL BE REMOVED FROM THE CONSENT AGENDA AND CONSlDERED SEPARATELY. FOR ACTION 1. Approval of minutes of April 2, 1997. 2. Clanns of Amy Campanaro, Earl McDonald, and State Parm Insurance (for John Steifer). 3. Motion and Motion for Summary Judgment, Exhibits and Order in the matter of Patrick A. Carlone vs. the City of Saint Paul. 4. Sumn�,ons and Complaint in the matter of Lapkwang Tsang and Hau Yin Tsang vs. the Ciry of Saint Paul. 5. Letters from Saint Pau1 Public Health declaring 659 Edmund Avenue and 855 Woodbridge Street as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) G. Administrative Orders: D001220 Authorizing flie Department of Planning and Economic Development to contribute $5,000.00 for consuiting services for the Twin Cities Economic Development Group. D001221 Authorizing the Office of Human Resources to reimburse vendors for costs incurred in conducting employee relations and recognition programs in 1497. D�01222 Implemettting delegation of signature authority on City contracts. �OURT OF APPEALS � NUMBER CO-97-1383 CITY OF SAINT PAUL NUIS,{NCEBUILDINGSCODE - Ncrm Coleman, Mayo� ENFORCEAfEM' S55 Cedar Sueer Saint Pau1, MN55l0/-7160 April 24, 1997 Order to Abate Nuisance Building(s) Fleet Mortgage 11200 W. Pazkland Avenue, Dept., #663 Milwaukee, WI 53224 Dear Sir or Madam; SAINT PAUL PUBLIC HEALTH Neal Hol�art. M.D., M.P.X., Directar 617-Y98-l133 3ohnnie & Kelley Brown 1555 Edmund Avenue St. Paul, MN 55104 The Vacant/Nuisance Buildings Code Enforcement Unit of Saint Paul Public Health hereby declares the premises located at: 659 Edmund Avenue and legaliy described as foIlaws, to wit: Chute Brothers Division No. 3 Addition To The City of St. Paul, Minn. Lot 21 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under authority of Chapter 45.11. On April 17, 1997, a Buiiding Deficiency Inspection Report was compiled and the following conditions were observed. ��: � This list of de�ciencies is not necessarily all the deficiencies gresent at this time. As first remedial action, a Code Compliance Inspection must be obtained from the Building Inspecfion and Design Section, 350 St. Peter Street Suite 300, Lowry Professional Bnilding (6I2)266-9001. That inspection wili identify specific defects, necessary repairs and legal requirements fo correct this nuisance condition. You may also be required to posf a two thousand dollar ($2,000.00) performance bond with the Building Inspecfion and Design Office before any germits are issued, except for a demolition permit. + ('�n��n.a:t �.�n..:T�? r� G: .S .. . � _ . n r, ..•! 4� < � rv 659 Edmund Avenue Apri124, 1997 Page 2 This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. This is a twastory, �vood frame dwelling with a detached oversized, one-vehicle, wood frame garage. Esterior South Side 1. The front window and door are boazded. 2. The eaves and so�t are rotted and deteriorated with cracked and peeled paint. 3. The second floor screens are ripped. 4. There are large gaps in the foundation block and mortar. West Side 5. T'he west side of the dweliing is partiaily painted and unpainted. 6. There are large gaps and holes in ffie eaves and so�t. 7. The exterioz wood surfaces have cracked and peeled paint. S. There are gaps in the concrete foundation blocks. 9. The sidewalk is settied, buckled and cracked. 10. The basement window wells are fiIled with dirt and refuse. 11. The first floor windows are boazded. 12. The exterior walls are bowed. 13. The chunney has gaps between the bricks, the mortar is cracked, cnimbling, and missing in places. COURT OF APPEALS NLIMBER CO-97-1383 659 Edmund Avenue _ Apri124, 1997 Page 3 East Side 14. 15. 16. 17. 18. I9. There are large gaps in the concrete block foundation. The basement window welis are filled with refuse and debris. The basement windows are boarded. The first fIoor windows are boarded. The wood surfaces are rotted and detariarated with cracked and peeled paint. There are large gaps and holes in the eaves and soffit. North Side 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. The plywood cover at the top of the cellar stauway has been removed. The basement door is open and broken. The exterior stairway to the basement is filled with refuse and debris. The rear concrete patio is settled, buckled and cracked. The entryway wood landing is rotted, deteriorated, poorly footed and improperly sugported. The fust floor windows and rear en�y door are boarded. There are gaps in the eaves and soffit. The wood surfaces are rotted and deteriorated with cracked and peeled paint. The rear of the dwelling is partially painted and unpainted. The second floor window uim has cracked and peeled paint Garage �J 30. The service door is iIl-fitting. `� 659 Edmund Avenue Apri124, 1497 Page 4 31. The siding is missing in pIaces and pooriy matched in other places. 32. The exterior waIls ue buckled. 33. The eaves and so�t have cracked and peeled gaint. 34. The roof is rotted, deteriorated, buckled, bowed and warped. 35. The garage door is ill-fitting. 36. The garage is leaning. Note: The wood privacy fence at the edge of the parking area by the garage is rotted and deteriorated with cracked and peeled paint. The concrete slab and foundation is cracked and deteriorated. Interior Basement 37. T'he basement stairway is cluttered. 38. The basement concrete stairs are cracked, settled and broken. 39. The concrete walis in the stairwell are cracked, broken and buckled. 40. The elecuical service to this building appears to be in poor condition and poorly installed. 41. The basement window wells have been broken out. 42. There is a strong sme11 of feces and urine throughout. 43. The plumbing and venting appear to be improperiy installed and do not meet minunum code requirements. 44. There is water on the basement floor from a ceiling leak. Note: The basement is extremely cluttered with refuse, debris, clothing and discarded househoid items. COURT OF AppEALS NUMBER CO-97-1383 659 Edmund Avenue Apri124, 1997 Page 5 Stairway from Basement fo First Floor 45. 46. 47. 48. 49. The stair treads are improper. The rise and run is improper. The handrail is missing. The head room is inadequate. The stairway from the basement to the first floor is cluttered with clothing and household items. Second Floor Bedroom 50. 51. 52. 53. 54. 55. 56. The walIs and ceiling have cracked and peeled paint. The windows are painted shut and window irim is pooriy fitted. The window sash cords are missing and the windows are not intact. The carpeting is soiled and rotted. There is refuse, debris, household items, etc strewn throughout. The closet door is ill-fitting. The cioset is cluttered and filled with househoid items. Common Aallway 57 � The panelling is buckled and bowed. The handrail is improper and does nat meet minimum code requirements. ( 59. The stair treads are loose and worn. a 659 Edmund Avenue April 24, 1997 Page 6 Middle Room 60. The carpeting is soiled and rotted. 61. The linoleum is missing. 62. The walls and ceiling have cracked and peeIed plaster and paint. 63. The windows are not intact. 64. The window is broken. b5. There are household items, refuse, debris and fumiture stored in this room. Kitchen 66. The appliances have been removed. 67. The kitchen cupboards and cabinets have been removed. 68. The walls and ceiling have cracked and peeled paint. 69. The ceramic tiles are loose, missing and/or poorly installed. 70. The ceiling is collapsing. Bathroom 71. 1'he bathroom has a strong odor of feces and urine. 72. The flooring has been removed. 73. The floor is not continuous nor impervious to water. 74. There is feces in the toilet. 75. The bathtub is not properly caulked or sealed. 76. The window is broken and not intaci. 77. The handsink is not properly installed. COURT OF APPEALg NUMBER CO-97-1383 659 Edmund Avenue _ April 24, 1997 Page 7 Note: Tfie water service is off. Living Room 78. There are numerous household items, refuse ancl debris suewn ttuoughout. 79. The carpeting is soiled and matted. 80. The floor is soft and spongy. 81. The window is broken and the sash cord is missing. 82. The window trim and windows are ilI-fitting. 83. The screens are ripped. 84. The ceiling and walls have cncked and peeled paint and plaster. 85. The wood trim and baseboard etc., have cracked and peeled paint. 86. The walls and ceiling are soiled. 87. The floor is soiled. 88. The closet is fuli of household items, refuse and debris. Common Landing Bottom of Front Sfairwell 89. The floor is soft and spongy. 9Q. The linoleum is ripped and tom. Firsf Fioor Living Room 91. The Iiving room floor is uneven and settled. � u 92. The carpeting is matted, soiled and rotted. � 654 Edmund Avenue April 24, 1997 Page 8 93. There is furniture, household items and toys strewn about the floor. 94. The walls have cracked paint and plaster. 95. The window trim is poorly installed. 96. Part of the ceiling shows evidence of water damage. 97. Part of the tile ceiling is collapsing. 98. The carpeting is soiled, matted and rotted. Bathroom 99. The toilet is full of feces. 100. The bathroom has a malodorous smell. 101. The ceiling is water damaged. 102. The ceiling tiles and grid work are damaged. 103. The floor is not continuous nor impervions to water. 104. Some of the linoleum is missing. 105. T?�e walis are buckled. 106. The watls have cracked and peeled paint. 107. The hathtub is not properly caulked or sealed. 108. There is no GFCI oudet in the bathroom. Bedroom 109. There are Iarge amounts of household items, debris and refuse strewn about. I10. The carpeting is soiled, matted and rotted. 111. The waIls have cracked and peeled paint. �OURT OF APPEALS �`f vUMBER CO-97-1383 � 659 Edmund Avenue April 24, 1997 Page 9 112. The ceiling tiles are broken and missing. 113. The ceiling grid work is bent. 124. The walls aze buckled and warped. Kitchen I15. There are numerous items of food, debris, refuse and household items, etc. strewn Yhroughout. 116. The kitchen is partially painted and unpainted. 117. The ceramic tiles are missing from the walls. 118. The ceiling has cracked and peeled paint and plaster. 119. The wallpaper has peeled away from the wails. I20. The counter tops and appliances aze soiled. 121. The floor is not continuous nor impervious to water. 122. The linoleum is ripped and missing in ptaces. 123. The floor is sofr and spongy. Note: There is evidence of a rodent infestation throughout. As owner, agent or responsibie party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by May 27, 1497 Saint Paul Public Health wili begin a substantial abatement process to demolish and remove the building(s). The costs of this action, inclLding administrative cosu and demolition costs wilI be assessed against the properry taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from tY:� Building Inspection and Design Section, 350 St. Peter Street Suite 300, Lowry Professional Buiiding (612)266-9001. This inspection wi11 identify specific defects, necessary repairs and legai requirements to conect this nuisance condition. , 659 Edmund Avenue Apri124, 1997 Page 10 As an owner or responsible party, you are required by law to provide fu11 and complete disclosure of tfus "Order to Ahate" to all interested parties, all present or subsequent renters and any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or responsibility for this progerty, you must within seven (7) days, notify the Enforcement O�cer with the names and addresses of any new owners or responsible parties. T'he Enforcement O�cer is required by law to post a placard on ttus property which declares it to be a"nuisance condition", subject to demolition and removal by the City. This placard shail not be zemoved without the written authority of Public I-Iealth. Public F�eaith is further required to file a copy of this "Order to Abate" with the Ciry Clerk's O�ce. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the City Council at which time testimony wiil be heard from interested parties. After this hearing the City Council will adopt a resolution stating what aciion if any, it deems appropriate. � If the resolution calis for abatement acdon the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul I,egislative Code and provide that if corrective acdon is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including adminisuative costs will be assessed against the property as a special assessment in accordance with law. If you have any questions or request additional information please contact H. Robinson between the hours of 8:00 and 9:30 a.m. at (612) 298-4153. erely, ' `�„��1 � Q 1 • V � Re ta Weiss Program Supervisor Vacant/Nuisance Buildings Unit Saint Paul Public Health '� , cc: Nancy Anderson - Council Research Dan Pahl - PfiD Housing �I� � � (�:i� � � . �c+:�C� COURT OF AFPEALS :CO-97-1 .• �• � �. 6-6-97 Memo from Saint Paul Public Health Code Enforcement regarding Notice of Public Hearing. 1. 7-9-97 Resolution and Green Sheet ordering 4 (date demolition and removal of the structure adopted by within 15 days of the adoption of the Council) resolution 2. 3. 4. 5. 6. 7. NA 5-7-97 INDEX OF COUNCIL FILE (C.F.) 97-880 .p�c •- F Summary of the Public Hearing held before the 1 Legislative Aearing Officer and the City Council Code Compliance Inspection Report 7-1-97 Minutes of the Legislative Hearing held on July 1, 1997 7-18-97 Copies of Summons, Complaint with Exhibits; Memorandum of Law; Proposed Order; Filing Fee; Notice of Motion and Motion; and Affidavit of Lawrence P. Zielke received from Shapiro & Nordmeyer, L.L.P. 5-7-97 Council Meeting Agenda showing original Abatement Order 3 5 27 6 '�-� Zva�. �ecrc.�= , � ��'s� �Vc'� �vSU, G�C�-�= �� t�r i5 w. t�j(d�. � .`��,�, � �; 5 5 r O� _� � � �'� 1 2 3 4 5 6 � S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 oRIGlNAL � ��-��o l STATE OF MINNESOTA IN COURT OF APPEALS File Nos. C9-97-1382 CO-97-1383 Fleet Mortgage Corp., Appellant (C9-97-1382), Relator (CO-97-1383), vs. City of St. Paul, Respondent. F��C �jVc��" APR 2 3 1998 U��`/ �LERK Transcript excerpt of St. Paul City Counail Meeting, July 7, 1997. * * * * William D. DeVahl, RPR 8830 Acadia Road Woodbury, MN 55125 735-7848 2 � � � 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Council Members Present: Council Chair Jerry Blakey Councilmember Dan Bostrom Councilmember Joe Collins Councilmember Mike Sarris Councilmember Roberta Megard Councilmember Gladys Morton * * * * TAE SECRETARY: Item 58, Resolution 97-880, ordering the owner to remove or repair the building at b59 Edmund Avenue within 15 days from adoption of resolution. Legislative Hearing Officer recommends approval and amending the date for repair or removal to Sanuary 1, 1998 if the vacant building fee is paid and a$2,000 bond is posted by noon today. MR. BLAKEY: This is a public hearing. Is there anyone opposed to these recommendations? MS. ASMUSSEN: Yes. STAFF: Councilmember Blakey, we are advised that the bond has not been posted as requested. MR. BLAKEY: Okay. MS. ASMUSSEN: I'm Beth Asmussen, I'm 3 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the attorney for Fleet Mortgage Corp, and we are requesting again that the demolition be delayed on this property. My client is currently in the process of foreclosing the mortgage; they don't yet own the property. The sheriff's sale is scheduled for August 27. It is subject to a six-month redemption period. It is torrens property. It takes two months after that redemption period expires before they can actually convey the property. It's an FHA-insured mortgage; the property is going to go back to HUD. My olient can and will secure the property; winterize it; cut the grass; remove the snow. We paid the vacant registration buildinq fee this afternoon. We are requestinq that demolition be delayed until the foreclosure is completed and a certificate of title is issued in the name of the lender. MR. BLAKEY: I understand that the bond has not been posted? MS. ASMUSSEN: No. MR. BLAREY: Why is that? MS. ASMU5SEN: It's Eleet Mortgage Corp, and HUD will not pay to go in and post the bond and make the necessary repairs under the mortgage. They 0 � � i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are not the owner yet. My understanding was that the owner was going to do that and did not do that. MR. BLAKEX: Well, Ms. Weis, is this a pretty bad building? MS. WEIS: I have photos with me I can give you. MR. BLAKEY: Ma'am, are you saying that there is a buyer for this? MS. ASMUSSEN: No, I'm not. MR. BLAKEY: Are you just trying to take it back to HUD? MS. ASMUSSEN: In fact, we are in the process of foreclosing the mortgage. I don't know what arrangements the owner has for the property. MS. WEI5: Councilmember Blakey, I also have a copy of the code compliance report that we received in our office, if you want to review that, too. MR. BZAKEY: Yeah, I would like to take a quick look at that, if I may. STAFF: Councilmember Blakey, it's probably a fair statement that this building is in a serious state of disrepair. MR. BLAKEY: Right, yes. As I'm looking �� ` J � i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a2 23 24 25 at some of the issues here, there are pretty serious complications, so I guess I'm qoing to move -- Thank you. MR. BOSTROM: I will move the recommendation of the hearing officer. MR. BLAREY: It has been moved to take the recommendations of the hearing officer. Is there any discussion at all? STAF'F: If I could be clear, the recommendation is 15 days? MR. BLAKEY: Riqht. MR. BOSTROM: Right, other than the hearing officer recommends no repairs? MR. BLAKEY: Bond was not posted. STAFF: There was no bond posted. MR. BOSTROM: Good enough, 15 days. MR. BLAKEY: Roll call. THE SECRETARY: Bostrom; Collins; Harris; Megard; Morton; Chair Blakey: Six in favor; none opposed. ***� C:7 � � � 1 2 3 4 5 6 7 8 9 10 �� 12 13 14 is 16 17 18 19 2� 21 22 23 24 25 CERTIFICATE I, William D. DeVahl Certified Court Reporter in and for the State of Minnesota, County o£ Washington, hereby certify that the foregoing five pages are a true and complete record of the proceedings held herein, as transcribed from a video cassette, to the best of my knowledge, skill and ability. l�� ,� � �. J� o William D. DeVah1, RPR 8830 Acadia Road Woodbury, MN 55125 612-735-7848 Dated: q • "1 . � � COURT OF APPEALS NUMBER CO-97-1383 ( ".-,p f '';� � : ; ',�`° I ° ' 't : �' � F d. . i <. . �_ Presented By ReferTed To �vJ RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # Green Sheet # 5 8' �l`1— 8Yo ��`�� WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair ar wrecking and removal of a two-story, wood frame dwelling and detached, oversized, one-vehicle, wood frame garage located on property hereinafter refened to as the "Subject Properry" and commonly known as 659 Edmund Avenue. This properiy is legally described as follows, to wit: Lot 21, Chute Brothers' Division No. 3, an Addition to the Ciry of Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Healffi on or before April 29, 1997 , the following are the now known interested or responsible parties for the Sub}ect Properry: Johnnie & Kelley Brown, 760Q Bristol Village Dr. #102, Bloomington, MN 55438; Fleet Mortgage, 1120Q West Pazkland Avenue, Dept.663, Milwaukee, WI 53224, Loan# 8254302; Fleet Mortgage Group, 324 West Evans Street, Florence, SC 29501, L,oan# 8254302. WHEREAS, Pub19c 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 April 24, 1997; and WHEREAS, this order informed the then l�own interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Progerty by May 27, 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 WHEREA5, this nuisance condition has not been corrected and Public Health requested that ihe Ciry Clerk schedule public hearings before the I,egislative Hearing O�cer of the Ciry Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and r COURT OF APPEALS � �� .- �� NiJMBER CO-47-1383 iearing was held before the Legislative Hearing O�cer of the Saint Paul Ciry 2 Council on Tuesday, July 1, 1997 to hear testimony and evidence, and after receiving testimony and 3 evidence made the recommendation to approve the request to arder the interested or responsible 4 parties to make the Subject Property safe and not detrimental to the public peace, health, safety and 5 welfare and remove its blighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternarive by demolishing and 7 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 8 demolition of the structure to be completed within fifteen (15) days after the date of the Council 9 Heariug; and WI�REAS, a hearing was held before ffie Saint Paul City Council on Wednesday, July 9, 1997 and the testimony and evidence including the action taken by the L.egislative Hearing Officer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testimony and evidence presented at the above referenced public hearinas, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 659 Edmund Avenue: 1. That the Subject Properry comprises a nuisance condition as defined in Saint Paul 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 Aousing or Building code violations at the SubjecY Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property wluch declares it to be a nuisance condition subject to demolition. 7. That ttus building has been routinely monitored by the Vacant/Nuisance Buildings Code Enforcement Program. 8. That the l�own interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject 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 correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 2 3 4 6 7 8 9 10 11 12 13 COURT OF APPEALS � NCJMBER CO-97-1383 �� -- � �� 2. If the above corrective action is not completed within this period of time the Public Health, Code Bnforcement 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 Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislarive Code. 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 properiy by the responsible parties by the end of this time period. If all personal properiy is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L,egislative Code. Requested by Department of: By: Approved by� By: { Date � ��✓ �� By: �� Form Approved by C'ty Attorney By: 8pproved by yor for Submission to Counci� � By: � Adopted by Council: Date Adoption Certified by Counci S etary COURT OF APPEALS /� NUMBER CO-97-1383 U �r} _ � � DEPARTMENTfOFFICEJCOONI.'IL - ' - - - - - - - - DATE INITIATE� NQ 19115 �� Health 06-06-97 GREEN SHEET CANTACTPERSON & PHONE INRIAVDATE INITIAVDATE Charles VOt2l 298-4153 DEPAflTMENTDIRE CffYCAUNCIL ASSIGN CI7YATTORNEV S / CT'CLEqK NUNBERFOF ° MUST BE ON GOUNGIL AGENDA eY (DATE) AOMNG �OGET DIRECTOR O FIN. S MGT. SERVICES OIR. July 9, 1997 OPDEP �MAYOR(OFASSISTANT) O �d TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) -�� ACTION REQUESTEO: � City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s1. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 659 Edmund Avenue. RECOMMENOqTtONS; npprove (p) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWEFi TXE FOLLOWING �UESTIONS: _ PLPNNING COMMISSI�N _ CIYI� SERYICE CAMMISSI�N �� Has this perso�rm e�er worked under a coMract for this tlepartment? _ CIB COMMITTEE , VES NO _ SrAFF Z. Has this person�rm ever been a cily employee? — YES NO _ DISTFIC7 CoURi _ 3. Does this personRirm possess a skill not normally possessed by any current City employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answars on separate sheei and ettach to green sheet MRIATING PRO LE�y1 IS {lE, OP O TUNIiY (Who, lM1Tat. lMien, Wh Np� ): Thxs uil ing s� is a nuisance �ui�ding(s) as de£ined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Offioer were given an order to repair or remove the building at 659 Edmund Avenue by May 27, 1997, and have failed to comply with those orders. �� r� 199 ''�`�,-m ��' � ADVANTAGESIFAPPpOVED. � � �Q�7 The City will eliminate a nuisance. � . v; � ��R = ��z�� f��Y `�� u� 1 s �;�� __ — �� DISADVANTAGES fF APPROVED. The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. DISADVANTAGES IF NOTAPPROVEO: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTALAMOUNTOPTRANSACTION $ $��000 - $8,000 COSLREVENUEBUDGETED(CIRCLEONE) YES NO Nuisance Housing Abatement '33261 FUNDING SOURCE ACTIVI7Y NUMBER FINANCIAI.INFOPMATION: (EXPLAIN) CITY OF SAINT PAUL Norm Colerttart, Mayor CITIZEN SERVICE OFFICE q� -�� Fred Ownsu, CFiy Qerk 17DCityHaR TeL: 67�266-8989 ISW.%11aggBaulevard Fm:: 6Z2266-8689 SaintPou{Minnesota SSIO2 Web: http✓/www.s7pauLgav TDD: 266-8509 HAND DELIVERED August 25, 1997 �2��E4�IF[� Office of the Cierk of the Appeliate Courts 305 Minnesota Judicial Center St. Paul, Minnesota .�• 11'�, �;MTY CLERK Re: 659 Edmund Avenue Appeilate Court File: CO-97-1383 Dear Sir: Enclosed herewith please find an index and original copies of the Saint Paul City Council's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attorney's for Relator and Respondent, together with affidavits of service by Mail. Sincerely, V/LC�o'2 GP� �v�""Q°rA`�i Frances Swanson Deputy City Clerk cc: Peg Birk - City Attorney (index only) John G. Westrick - Attorney (index oniy) �`CEi1�E'L� STATE OF MINNESOTA COUNTY OF RAMSEY ss. b,PR � � �998 w � . �.��_�ti �5 Frances Swanson, Deputy City Clerk, being first duly sworn, says that on August 25, 1997 she served the attached: Index to the Saint Paul City Council File No. 97-880 deposes and ugon the following attorney(s), individual(s) or corporation(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Pau1, Minnesota. Peg Birk City Attorney Attorney for Respondent City of Saint Paul 400 City Hall 15 W. Kellog Saint Paul, MN. 55102 Saint Paul, Minnesota 55101 John G. Westrick Attorney for Relator Westrick & McDowall-Nix P.L.L.P. Attorneys at Law 400 Minnesota Building 46 East Fourth Street �GZ�C.Q,� Qoi.00y� Subscribed and sworn to before me this Z 5+h day of��1�� , 19 y� 1 �.11 t__t f �asoaafi � w��Fr Mor�Rr Pwix-rurt�wri. ' e,t�ser catrNtr Mr camiti�. 6aW.n ren. s�, xaoo COURT OF APPEALS NIJMBER CO-97-1383 J� SAINT PAUL PUBUC HEALTH Neal Holmn, MD., MP.X., Director CITY OF SAINT PAUL NUISANCE BUILDINGS CODE Norm Coleman, Mayor ENFORCEMF.'M' SSS Cedtv Street Saint Paub MN SS7D1-2260 i June 6, 1997 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council �� ,_;nx.�€ � �a'!t!S �,��.: e.. a. Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 659 Edmund Avenue The City Council has scheduled the date of these heazings as follows: Legislative Hearing - Tuesday, July 1, 1947 City Council Hearing - Wednesday, July 9, 1997 The owners and responsible parties of record are: Name and Last Known Address Johnnie & Kelley Brown 7600 Bristol Village Dr. #102 Bloomington, NIN 55438 Interest Fee Owner Fleet Mortgage 11200 West Pazkland Avenue, Dept.663 Milwaukee, WI 53224 Loan# 8254302 Fleet Mortgage Group 324 West Evans Street Florence, SC 29501 Loan# 8254302 Mortgagee Mortgagee �t�l -�� 612-298-0153 �;�sv �. � i�� COURT OF APPEALS rIiJMBER CO-97-1383 659 Edmund Avenue June 6, 1997 Page 2 The legal description of this property is: Q �� Lot 21, Chute Brothers' Division No. 3 an Addition to the City of Saint Paul. Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by carrecting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this properry. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. cerely� a , `y � �1 Reneta Weiss Program Sapervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mi cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Mazshall Dan Pahl, PED-Housing Division 01-93 r SUNIl�2A,RY FOR PUBLIC HEARING � COURT OF APpEAI,g � 659 Edmund Avenue NUMBER CO-97-1383 Legislative Hearing - Tuesday, July 1, 1997 City Council - Wednesday, July 9, 1947 The building is a two-story, wood frame dwelling with a detached, oversized, one-vehicie, wood frame gazage on a lot of 4,960 square feet. According to our files, the dwelling was condemned in 3anuary 1997 and it has been vacant since Pebruary 1997. The current property owners are Johnnie & Kellev Brown per Ramsey County Property Records and Revenue. The ;nrPnd to rehabilitate the dwelling There have heen six (6} SUMMARY ABATEMENT NOTICBS issued to: remove refuse from the yazd, cut grass and weeds and immediately secure the dwelling. There has been one VEHICLE ABATEMENT issued. On April 17, 1997 an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A NT3ISANCE BIIILDING was issued on April 24, 1997 with a compliance date of May 27, 1947. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant Building registration fees are due and owing since February 1997. Real Estate taxes are paid. On May 6, 1997 a Code Compliance Inspection was done. (attached) As of July 1, 1997 the $2,000.00 Bond has not been posted with the Building Inspection Department. Code Enforcement Inspectors estimate the cost to repair this structure is $35,400. The estimated cost to Demolish is $7,390. The Public Health Resolution submitted for consideration orders ffie properry owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes Public Health to demolish and assess the costs to the properry. COURT OF APPEAL5 NLJMBER CO-97-1383 CITY OF SAINT PAUL Norm Coleman, Mayor 1vlay 7, 1997 Johnnie & Kelly Brown 7600 Bristol Village Drive #102 Bloomington, MN 55438 Re: 659 Edmund Aear Properry Owner: O OFFICE OF LICENSE, INSPECTiONS AND ENVIRONMENTAL PROTECriON Robert Kessler, Direclor IAWRY PROFFSSIONAL BUILDINC'i Suite 300 350 St. Peier Snes7 SaintPouf,�nnesata 55102-I510 Tekphone: 671-166-9090 Facsimile: 611-266-9099 612-26d-9l21 Pursuant to your request 659 Edmund was inspected May 6, 1997 and the following report is submitted: BUILDING: 1. Insure complete floor in ceilaz. NOTE: Cellar full of debris and could not be properly inspected. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1 i. 12. 13. 14. Repair hatchway ogening. Repair or replace walls and ceilings as necessary throughout. Repiace all walls, ceilings, floors, floor covering, trim, etc. that are iil-constructed and construct all in a workman like manner and complete. Replace wall that has been removed between First Floor front porch and living room or ail must be constructed to code. Replace deteriorated floor below tile First Floor bath. Replace or provide new floor covering throughout as it is open, badly soiled and ill- fitting or missing. Repair hatchway to celiaz. Repair or replace deteriorated or missing trim, soffit, facia, frieze board, etc. Replace deteriorated rim joist as necessary. Replace broken or missing siding. Tuck point foundation. Tuck point chimney. Replace deteriorated ill constructed rear step landing to be structurally sound, uniform, etc. 15. Replace damaged roof covering. 16. Repair fencing or remove all. 17. Provide complete repair of gazage (siding, roof covering, doors, trim, etc.). � May 7, 1997 Page 2 ` Code Compliance Inspection Report RE: 659 Edmund COURT OF APPEALS NUMBER CO-97-1383 �i3ILDING: (continued) 18. Provide hand and guard raiis all stairways and steps as per attactunent. 19. Provide thumb type dead bolts for ail entry doors. 20. Repair or replace any deteriorated or missing window sash, broken glass, sash holders, etc. as necessary. 21. Provide storms and screens complete and in good repair for all door and window openings. 22. Prepaze and paint interior and e�erior as necessary (take the necessary precautions if lead�base paintis present}. 23. Provide general clean-up of premise. 24. Provide smoke detectors as per UBC. �LECTRICAL: a ement 1. Install jumper azound water meter. 2. Install connectors on romex at service. 3. Install 15 AMP breakers on #14 wire. 4. Replace damaged romex and strap romex to code. First Floor 1. Move bedroom light box down flush with ceiling. 2. Ground bathroom light. 3. Repair G.F.C.I. outlet. Gara�e�I,ockedl 1. Remove or re-wire all improper wiring. 2. Re-wire feed to code or remove. General 1. 2. 3. 4. 5. 6. Install outlets and lights per Bulletin 80-1. Ground a113-wire outlets. Coaect reverse polarities at outlets. Repair ali non-working electrical devices. Replace all broken or missing electrical devices. Install smoke detectors per U.B.C. PLUMBING: 1. �'irst Floor - lav, kitchen sink and laundry tubs are not vented (duct tape on plastic pipe, etc.). Install all piumbing and gas piping as per code. HEATING: 1. Clean, ORSAT test and check all safety controls. 2. Test heat exchanger. 3. Install combustion air. i h . May 7, 1497 Page 3 _ • Code Compliance Inspection Report RE: 659 Edmund HEATING: (continued) 4. Clean combustibles from around fumace. 5. Provide heat Second Floor. COURT OF APPEALS N[7MBER CO-97-1383 ZONiNG: This property was inspected as being a single family residence. NOTES: 1. See attachment for permit requirements. 2. This property is designated by the Heath Department as a Category #3 which requires a$2,000 Performance Bond or Deposit at the time the permit is issued. Sincerely, �� „� �,,, Donald F. Wagner Building Inspector DFW:aw attachment � COURT OF APPEALS NUMBER CQ-97-1383 � MINIJTES OF LEGISLATNE HEARING July 1, 1997 Room 336, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, PubHc Health Gerry Strathman called the meeting to order at 10:02 am. 2. 3. �� -�Sa Summary abatement appeal for 900 Carroll Avenue; Amedia LaFond, appellant. l�io one appeazed; Gerry Strathman recommended denial of the appeal. Summary abatement appeal for 694 Jenks Avenue; Laura Emerson, appellant. No one appeazed; Gerry Suathman recommended denial of the appeal. Vehicle abatement appeal for 656 Short Street; Taza Fohrenkamm, appeilant. No one appeazed; Gerry Strathman recommended denial of the appeal. 4. Resolution ordering the owner to remove or repair the referenced building, located at $ Litchfield Street. If the owner fails to comply with the resolution, Public HealYh is ordered to remove the building. (Rescheduled from 7une 25 Legislative Hearing to July i Legislative Hearing per City Council). Chuck Votel presented photos and reported the properry is in the process of mortgage foreclosure, it will take $20,000 to repair it, and it was condemned in January of 1497. This property was previously laid over by Councilmember Collins. No one appeazed; Legislative Hearing pfficer recommended approval of the Public Health order. 5. Resolution ordering the owner to remove or repair the referenced building, located at 1�47 Vir�inia Street. ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Rescheduled from June 25 Legislative Hearing to July 1 Legislative Hearing per City Council). Margaret and Norman 3ones appeazed and stated they live next door to tlris property and it is not being maintained. Chuck Votel presented photos and reported his office has not been able to contact the owner, fees aze unpaid, and property repair could be up to $60,000. It would cost $5,000 to $6,000 to demolish it. � � � COURT OF APPEALS NiJMBER CO-97-1383 Legislative Hearing Minutes July 1, 1997 Page 2 b i ��` The owner did not appeaz; Gerry Strathman recommended approval of the Public Health order. 6. Resolution ordering the owner to remove or repair the referenced building, located at 477 G�rtice Street East. If the owner fails to comply with the resolution, Public Heakh is ordered to remove the building. Lloyd Rabanus, representing owner, and Waliy Nelson, prospecrive buyer, appeazed. Chuck Votel presented photos and reported the house has been vacant since June of 1996, there are three summary abatement norices, two citations issued, the City has secured the building against trespass, real estate taxes have not been paid, and no bond has been posted. The cost to repair the building is $50,000. Wally Nelson asked what he had to do to keep the pmperty from being torn down and stated he has a closing date of July 15 on this properry. Mr. Strathman informed Mr. Nelson that the $200 vacant building fee has to be paid, a code compliance inspection has to be done, and a$2,000 bond needs to be posted. Mr. Suathman suggested Mr. NeLsott do what he can and then attend the Iuly 9 Council meeting. Chuck Votel explained to Mr. Nelson that he may not be able to post the $2,000 bond unless he is the owner. Gerry Strathman recommended approval of the Public Health order. Resolution ordering the owner to remove or repair the referenced building, located at .8Q6 Agate Street. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Betty Asmussen, attorney for Equi Credit Corporation, and Pat Donohue, Realtor for Equi Credit Corporation and marketing the property, appeared. Chuck Votel presented photos and stated the house has been vacant since December 1996 and is currently for sate. The vacant building fees and real estate ta7ces aze paid. The cost to repair the properry is $35,000. The cost to demolish it is $8,100. Betty Asmussen stated Equi Credit is requesting 4-6 months before the city demolishes the property. There is a person interested in purchasing it. Equi Credit tias been maintaining the grass and the ptoperiy is secure. They prefer to sell "as is° to a prospective buyer. Pat Donohue stated the buyer is a cotth�actor. Gerry Strathman stated the building has been vacant for six months and has been declared a nuisance. If a buyer is prepared to post a bond, the City is prepared to give the buyer more � � � COURT OF APPEALS � NUMBER CO-97-1383 � �,�, —� 0 0 � Legislarive Hearing Report July 1, 1997 Page 2 8. Resohrtion ordering the owner to remove or repair the referenced building, located at 806 at Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 4. Resolution ordering the owner to remove or repair the referenced building, located at S�5 VJoodbridge Stteet. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legisiative Hearing Officer recommended approval and amended the date for repair or removal of the structure to January 1,1998 if a$2,000 bond 'ss posted by noon on July 9, 1447. 10. Resolution ordering the owner to remove or repair the referenced building, located at ¢59 Edmund Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amend�l the date for repair or removal of the structnre to January 1,1998 if the vacant building fee is paid and a$2,000 bond is posted by noon on July 9,1997. COURT OF APPEALS NLJMBER CO-97-1383 Legislative Heating Minutes 7uly 1, 1997 Page 3 l�� time. Mr. Strathman suggested talking to Councilmember Collins and attending the July 9 council meeting. Gerry Strathman recommended approval of the Public Health order. 8. Resolution ordering the owner to remove or repair the referenced buiiding, located at 8�5 Woodbrid�e Sheet. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. John Nelson and Steve Johnson appeazed. Chuck Votel presented photos and stated there aze four summary abatement norices on the properry, the City has had to boazd this building to secure it against trespass, the vacant building fee is paid, and the real estate taxes are unpaid. The cost to repair this building is $35,OOQ. The cost to demolish is $6,600. John Nelson stated he purchased the property to rehabilitate and occupy. He would like to move in by winter. Mr. Nelson asked was there any way to get around the $2,000 bond to buy windows and doors instead. The grass is cut and the building is secure. Mr. Nelson has been at the address everyday. Steve Johnson stated he has known John Nelson for 20 years. Mr. Nelson does good work and plans to redo the entire house. Gerry Strathman stated the $2,000 bond should be posted by noon July 9. If that is done, Mr. Strathman stated he wili recommend 180 days to bring the properry up to code. Mr. Strathman suggested Steve 3ohnson attend the Council meeting on July 9. Gerry Strathman recommended approval of the Public Health order, and amended the date for repair or removal of the struchue to January i, 1998 if a$2,000 bond is posted by noon on July 9, 1997. 9. Resolution ordering the owner to remove or repair the referenced building, located at ¢�5 Edmund Avenue. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Chuck Votel presented photos and stated the building was condemned in January 1997. The basement is full of gazbage and there is severe structural distress. However, the taxes are paid and the owners got a code compllance done. � � � COURT OF APPEALS NUMBER CO-97-1383 Legislative Hearing Report July 1, 1997 Page 4 t0. � � ie� No one appeared; Gerry Strathman recommended approval of the Public Health order and amended the date for repair or removal of the structure to January 1, 1998 if ffie vacant building fee is paid and a$2,000 bond is posted by noon on July 9, 1997. Summary abatement appeal for 1457 Hazelwood Avenue; Donald Eyinck, appellant. Donald Eyinck requested 8 weeks to work on cleaning the azea. Gerry Strathman viewed photos and stated the items in the yard are a public heahh hazard. Rodents may be living in the brush. Gerry Strathman recommended denying the appeal but allowing the owner until August 1, 1997 to take caze of the problem. Gerry Strathman adjoumed the meeting at 11:04 a.m. � i.J � .� , . GERALD M.SHAPIR�• DAV1D KREISMAN^ NANCY A.NORDMEYER LAWRENCE P.LELKE gETH W-ASMUSSEN DARCY A WEILER �tx.wa�n�c w..�ene.ie. -�r.�a.d b nr�,wi: eny � July 18, 1997 COURT OF AppEALS NI TMBER CO-97-1383 SNAPtR� & NORDMEYER, L.L.. . FTTORNEV$ AT V.W 7300 N,ETRO BOULEVARD, SUITE 390 EDINA, MINNESOTA 55<39-2306 7ELEPNONE: (6ttj 83110bD TELECOPfER: (612) 83�-473A Ramsey County District Court Administrator Ramsey County Courthouse 15 West Kellogq Blvd., Suite 600 St. Paul, MDT 55102-1694 RFCEIVED JUC 18 1997 C(7 �LERK Re: Fleet Mortgage Corp. v• City of St. Paul Loan No. 8254302-M - My File No. 97-14997 Dear Bistrict Court Administrator: Enclosed for filing please find the following: 1. Summons, Complaint with Exhibits; 2. Memorandum of Law; 3. Proposed Order; 4, riling Fee oi $132.00; 5. Notice o£ Motion and Motion; 6. Affidavit of Lawrence P. Zielke. Sincerely, Lawrence P. Zielke Attorney at Law LPZ:gev Er.closure cc: Shirley Sailors (HUD) F.'iA No. 271-a7°9732 City of St. ?aul and Attorney ��i1C� '�°,�'�?`t"� L�'6 . ,�� w ��' 4�.�� Y �;-:_r, � „- :s_- Alice Rodqers (rLOj Loan No. 82543G2-M ,, STATE OF.MINNESOTA (�--( DISTRICT COIIRT COWTY OF RAM3EY 1L�1 J�I.LLI� a,I� `� I SECOND 3IIDICIAL DZSTRZCT •Fleet Mortgage_Corp. COURT OF APPEALS Plaintiff, File No. N[_IMBERCO-97-1383 vs . SLR�II�fONS The City of Saint Paul, Defendant(s). THE STATE OF MINNESOTA TO THT ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SLJMMONED and required to serve upon plaintif��s attorney, within 20 days after service of this Summons, exclusive of the date of service, an Answer to the attached Complaint of the plaintiff, which Complaint is on file in the O£fice of the above- named Court, which Complaint is herewith served upon you in accordance with the Rules of Civil Proaedure of the State of Minnesota. The object of this action is to enjoin a condemnation proceeding. IP you fail to answer the Complaint within the time aforesaid, judqment by default will be taken against you for the relief demanded in said Complaint, toqether with plaintiff's costs and disbursements. This action involves, effects or brings into questions real property situated in tne County of Ramsey, State of Minneso'ta and legally described as £ollows: Lot 21, Chute Brothers' Division No. Three (3), an Addition to the City o£ Saint Pau1. Dated: July 18, 1997. SIiAPIRO & NORDMEYER j; . � _ ./ . By: Lawrence P. Zielke - 152559 Attorney for Plaintiff '1300 Metro Blvd., Suite 390 Edina, MN 55439-2306 (612) 831-4060 97-14997 0 STATE OI+ MI2i27ESOTA COIINTY OF RAMSEY Fleet Mortgage Corp., Plainti£f(s), vs. City of Saint Paul, COURT OF APPEALS NLJMBER CO-97-1383 DISTRSCT COURT SECOND JIIDICIAL DISTRICT CASE TYPE TEN: INJIINCTION File No. COMPLAINT Defendant(s). Plainti£f for its Complaint against the above-named Defendant(s), alleqes: I. Fleet Mortgage Corp. is a corporation organized under the laws of the State of South Carolina and is a mortgage lender authorized to conduct business in the State o£ Minnesota. IS. Thaz Fleet Mor�gage Corp. is the assignee of Midwest Mortgage Cornoration, the original mortgagee on tha� certain mortgage given by Johnnie M. Brown, single and Kelly E. B: Jr. , single, to NFidwest Mortgage Corporation, dated December 21, 1989 registered March 8, 1990, in the Office of the Ramsey County Registrar of Titles as Doc. No. 916758. IZI. That said mortgaae was an encunbranee unon the following legally described property: Lot 21, Chute Brothers' Division No. Thrae (3), an Addition to the City of Saint Paul; 0 COURT OF APPEALS NUMBER CO-97-1383 this property is commonly known as: 659 Edmond Avenue, St. Paul, MN 55104. iv. That said mortgage will foreclosed by advertisement pursuant to a sheriff's mortgage foreclosure sale to be held on August 27, 1997 at the Ramsey County Sheriff's office, and a true and correct copy o£ the "Notice oP Mortgage Foreclosure Sale" is attached as Exhibit A hereto. l`� That the six month statutory redemption may not be reduced to five weeks as allowed by Minn. Stat. §582.032, because the mortgage pre-dates December 31, 1989. VI. That this is an FHA insured mortgage, FHA No. 2'71-4799732, and F1eet Mortqage Corp. will ultimately convey this property to the Secretary of Housing and Urban Development pursuant to a 2imiLed warranty deed, iP no re3emntion occurs. VII. That r^leet Mortgage Corp. paid the $200.00 "vacanc building" fee July 9, 1997, and the building appears to have been abandoned by the fee owners, Johnnie M. Brown and Kelly E. Brown, Jr. -2- COURT OF AppgALs NUMBER CO-97-1383 vxzz. That the City of Saint Paul has instituted a condemnation proceeding relative to the subject.matter premises located at 654 Edmond Avenue. IS. The City Council ordered that the property be demolished at it's July 10, 1997 City Council meeting, after a"15" day period, which will expire July 25, 1997, pursuant to "Resolution" attached as Exhibit B hereto. X. That Fleet Mortgage Corp. and its insurer, the Secretary o£ Housing and iJrban Development, will be irreparably damaged by the demolition of the subject matter premises. XI. Because Flee� Mortgage Corn. and/or the Secretary oP Housing and Urban Develop^en� do not yet ho?d fee title, Fleet Mortgage Corg. anc/or i�s insurer co not .`.ave the abili�y to nake the necessary changes and/or i,provements to become code compliant. %2I. tipon infor:nation and belief, Fleet Mortgage Corp. has secured and winterized the prooerty puisuant to federal regulations issued by t�e Secretzry of Housing and Urban Develonment. -3- COURT OP APPEALS NiJMBER CO-97-1383 WHERE�'oRS, Plaintiff prays for an Order teaiporarily restraining andJor enjoining the City of .5aint Paul from demolishing the property for a reasonable period of time to. allow Fleet Mortgage Corp. to convey the property to the Secretary oP Housing and Urban Development, or in the alternative to bring the property into code compliance, and for such other and further relief as the Court deems just and appropriate. Dated: July 18, 1997. SHAPIRO�& NORDME ER , `,/ .;�, - / $�r�-�ti�-� �, i�•�i.` �='Law"rence P. Ziclke - 152559 � .Attorney for Plaintiff 7300 Metro Boulevard, Suite 390 Edina, Minnesota 55439-2306 (612) 831-4060 97-14997 ACK730WLEDGEMEN`P The undersianed hereby acknowledges that costs, disbursements, and reasonaHle attorney and witness fees may be awarded pursuant to Minn. Stat., Sec�ion 549.21, Subdivision 2, to the party against whom the allegations are asserted. - / . . � � . �-=�..,�t- � � ,,. . .. Lawrence-P. Zielke -4- COURT OF APPEALS NUMBER CO-97-1383 �'- ' HOTICE OF MORTGAGE _ . FORECLOSURESALg � � . . � .. i8E RIGBT TO VEFtIFICATIO2i OF TEiE �'t .{i'-'.:" �.:= - - - " � ' DE8'T AND IDEN?ITY OF S8E ORIGIIIAL � :: ��.:::';: :; -' . ' - : CRED2TOR WITHIN THE Tm'� PROVIDF.D -�"= ' . ' . : . � ' BY LA"W IS HOT AFFECTED SY THIS �:. - . .. . : AC2ION. � " . ... � . _ . - - � � � - NOiICE IS HERE81 GIVEN. �at dcfault ; - . - ' - - � -bas occuricd ia the condltfons of thc �� _ . � � � - _ " - - �: � followlaq dcscrlb<d mortgagc :: '. � . . - _ - - - � � - ' DATE OF MORTGAC.E: Deccmber 21. �.:_: � �'"�: . _ _ -- - - _ _ , ��,1989 . • . " _ "_ � - ' - � � � ORIGINAL PRIISCIPAL AMOUNT OF��'. � , . .- .. . � :. � � . MORTGAGE: 537.150.00 . " � -�":-"_� `��'' � MOATGAGOR(S3: Sohnnie M. BCOwn, _ - _ - - sfngle and H<I7Y E. Brown. Js.. S[ngic � . . :"�. - ' . . - _ - . , -' MORTGAGEE: Mfdwcst Mortgagc ,�. : � , . � : -- - "� Corporatfon . . , . - . • " ' "� � � � - � � DATE AND PLACE OF REGISTERING ON � • � � . _ , . . . . - �' ' REGISTEftED LAND: Registcrcd March 8. _ � � � . " ' � 1990. Ramsey Counry Reglstrar of Tltics. `� _ , . _ � �' � � � Documcnt No. 916758 � . � � � ' ASS[GNMENTS OF MOATGAGE: � . Assigned to: iCF Moctgage Corporatlon Da[ed: ➢<ccm6er 21. 1989, Rcgisicrcd: " March 8. 7990. Documtnt No. 916759. ' " � 2hczcaftcr assign<d to: Fieet Mottgagc CoYp.. ' � Da(cd: Sanuary 5. 1990. Rcgistcrcd: Mazch 8. ' . . s 1990 as 9ocumcat No. 916760. � � - � • ' - L£GAI. DESCRIYTION OF PROPER7'Y: . � � . - . . - 1 Lot 21. Chute Broth<rs' DNisioa No. Threc (3J. an Add::.ion to the Ciiy of Saint Paul COUNTY IN WHICH PROPERTY IS LOCS7ED: Aaalsty A110UNT DU£ AND CLAiMED TO BE DUE AS OF DAT.E OF NOTICE, INCLUDING 2AXES. IF ANY. p:�ID BY MORTGAGEE: 536.984.37 TFIAT all prc-forcclosure require�cnts havc bcen camplied with: [hat no actlon or nroceedmg has bcca instituted at law or . othcnvuc to reccver thc debt secu:cd by said �;:. • nortgage. or 2ay put thcreot; - PURSLSA�;. to thc poa•e: ot salc :: �� tontained ia soid mor[gage. thc abo�e �. dcsczi6cd prope.^.y wiLi 6c sold b� tne She:::f � of said cnunty as fo!loas: . DATz AI�D TIM2- OF SAL°_: A�g.u� `-'�• - 1957. 70:00 A..Y,. � . � ?LACE OF SdL'c: Shc:fffs '�1a:n �fficc, ' 14 West Kcllogg 31+d.. St. Paul. KN ' � [o pay th< deht secuttd by sa�d mottgagc � aad caxes. it ar.y, on 531G ��.T.ISCS and thc :" _ . costs and disbu:stmcats. incluting atto:'ncys �- fccs zllowcd by 1aw. subimc to :cdcmpslon . wSthfn six months tron �< dam of said '. . salc bv :he mcrtgagor(s) :hc:r pcso.^.al : . . rcpt<sentatlscs o: assigns. Daced: July ?. 1997 FLEET 110R; G.4GE CORP. :4ss:gaee oC S1ar,gagee SHAPiRO & `CRDMEYER. V2,\CY a. NORDSiEYER. L.4�1'REtiC� P. ZI°LIiE. Aitoracys fot AsSigne< of �lorcgagec, 7300 ?.3eero Slcd.. Suite S_�. EL1na, �fti 55439-2306 (6127 831-�060 THIS IS A.Y ATTE�iPT TD COLL£CT A DEHT AS4D A.'vY R'�'QRKATSON OBT�LtiED WiLL HE USED s OR TkL4T ?URPOSE. (July 5-13-19 :6-.4ug. 2-9) _ _ _ = ST. P�liL LEGAL LEDGER = _ _ _ - _ — ,': COURT OF APPEALS NI IMBER CO-97-1383 STATE OF MINNES07A ) COUNTY OF RAMSEY } ss. CITY OF ST. PAUL ) 1, Frances Swanson, Deputy City Cferk of the Cify of Saint Paul, Minnesafa, do hereby certify that I have compared the atfached copy of Council Fite No. 97-880 as adopfed by tfie City Councii on Juty 9, 1997 and approved by the Mayor on July 13, 1997 with the original thereof on file in my o�ce. i further certify that said copy is a true and correct copy of said original and fhe whote thereofi. WITNESS, my hand and the ssa{ of the City of Saint Paul, Minnesota ti�is 16th day of July 1997. .��1; ('�i.tr- c l,' { �'� , ��-�-�r� ��.11. DEPUTI' CiTY CL�RK C� * �-� • � `� �� COURT OF APPEALS NL7MBER CO-97-1383 - �RI�1i��`;!- RESOLUT{ON C1TY OF SAINT PAUL, MINNESOTA council File n Green Sheet x Presented By Referred To �JFS �'�- KYO \�l`�S V,'HEREAS, Public Health has requested the City Councii to hold public hearin�s to consider the advisability and necessity of orderin� the repair or wrecking and removal of a two-story, wood frame dwelling and detached, oversized, one-vehicle, wood frame 2arage Iocated on.property hereinafter referred to as the "Subject Property" and commonly known as 659 Edmund Avenue. This property is legally described as follows, to wit: I,ot 21, Chute Brothers' Division No. 3, an Addition to the City of Saint Paul. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by. Public HeaIth on or before April 29, i997 , the followin� are the no«� I:nown interested or responsible panies for the Suhject Property: Johnnie & Kelley Brown, 7600 Bristol Vi11a�e Dr. n102, Bloominaton, MN 55438; Fleet Mortaa�e, 1I200 West ParkIand A��enue, Dept.663, Nlilwaukee, R%? 5322^, I,oan� 82��02; Fleet D�Iort�aae Group, 324 West E�ans Street, Florence, SC 29501, Loan.� 825?302. `�HEREAS, Pubiic Hezlth has served in accordance �v;th the orovisions of Ci;z�ter ^-.� ot th� Sa;nt Paul Lesislative Co�� aa order identified as an ��OCaC7 TO _aD3i2 �ll]ScP.C° vlliI6lII�l�)�� C3I2Q Apri1 2�, 1947; anc� 1R��iL'CL.aS. iP?S Oiu�.' dRIOITI7°Il i�C inER I:ROR'D 7RCE.'eSi°Q 01 res�onsioie �a:�ies i�2i i1�E suticmr� located on the Suoject Prop�m� is a nuisanc� buildin�(s) pursuant to Chapter —'.�; �r.d WHEREAS, this e:cer i:,;o,,.�ed the in[erested or responsible parcies �hat �hey iTil:S: r°�J37i OL demolish the scructure locaczd cn the Suoject Prope: �y b}� '�Sati� 27, 199T, and WHE?tEAS. the ea;o:cea:ent o?ticer has posted a pl2card on the SLOj�ct Prcpe::.; ceclarin, this buildina{s) to consti ::.� a auisance cond;tion; sub}ect to demo?icion: and WHEREAS, this a��isanc� cor.dition has not been corrected and Pubiic I:eaitn :eon�sted ti�at :he City Clerk sc`�edul �L�i7I1C 3:� arinas before the Legislati�'e Hearire Officer of th� Cit� Cour.cil and the Saint Paul City Ceunc;i; znd ��JHEREAS, tf:e ir.terested ar.d responsible parties ha�e beea sen�ed notice in acco:dance with the provisions of Chzo�er 4� of the Szint Paul Le�islatiti�e Code, oi the time, da�e, �iace ar.d purpose ef �h� public he2;in�s; and � `l - a��c wHETtEAS, a hearing was held be£ore the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 1, 1997 to hear testimony and evidence, and after receiving tesFimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove iu blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with aIl applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, July 9, 1997 and the testunony and evidence inciuding the action taken by the LegisIative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented af the above referenced public hearings, the 3aint Paul City Cauncii hereby adopts the following Findings and Order concerning the Subject Property at 659 Edmund Avenue: 1. ?, � 3. m, � � 4. <C r. a� rn � O I �. w O C4 ' � W ' 6. 07 � � � ! °z; r. S. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 4S. That the cosu of demolition and removal of this buildin�{s) is estimated to exceed three thousand dollars (S3,OOQ.QO). That there nozv exists and has existed multiple Housin� or Buildin� code violations at the Subject Property. That an Order to Abate ?iuisance Building(s) «�as sent to the then known responsible parties to correct the deiiciencies or to demolish and remove the buildine(s). Tnzt the deticiencies cansing .his nuisance condition have not been corrected. That Puoiic HeaIth has oested a plzcard on :he Subject Prope: which ceciares i� ;o D8 2:!17S2AC° condider. s��iec*. to c�moli[ion. Tha� chis oeiidin� nas �een ronuneiy monitered o�� th� 'vacand�uisance Buiicia�s Ceee Eniorcement Proa,am. T:,a� .he i;no�vn inte:es:ed pz.�ies 2nd o�aners are as previonsly stated in this resolutien and that the notinc�tion requiremeats oi Chapter �� have been fulfiiled. ORDER Tne Saint Pzul C:[y Council he:eo�� makes �he foilo�vin? order: 1. The abo�e re�'e:enced in�e:esced c: respoasiole parties shall make �Se Subject Prcperty safe and not de:r:mentai to the puelic o�ace, he�lth, safery and welfare and remove its bliahtin� lIIItu°.^.C� OII 2.^,� CO'.?1i71UP.1IV b�' '°.^.3CSIlt2ilII? tnis strucmre and corre CLill� all denciencies as oresc:ibed in the abo��e reiere^czd Order to Abate \uisance Building(s) in accordance with all ap�liczbie codes z,d ordi;:a::ces. or in the alcerna�ive by dzmolisning and removing the scruc��re in accordznce «i�h all ��pL•cab]e codes and ordinances. The rehabilitation or demolicien and remoti�al ei the sc,uc;cre must be comoleted within fiiteen (1�j da}�s aiter the date of the Cour.cil Hearin�. COURT OF APPEALS NUMBER CO-97-1383 ��1- � �� 2. If the above corrective action is not completed wichin this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demoIish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code: 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and remaval shail be removed from the properry by the responsible parties by the end of this time period. If all personal property is not removed, it shail be considered to be abandoned and the City of Saint Pau! shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution he mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Lzgislative Code. cl:_v �`.5"__^ r n0 — =C' it= - �_ -- _-� -✓ ccuac_l. �zt=_ � � Q �`59�1 - - � \ , —� : - =_.,_. Ce-=-=--_ by Coc..c'_2 Se�^.�Y�e�=_ry 3v: -___�._u � � ! �� ? f !3 /,, I , ��G!.�f11 � --- esc=__ �-,� �e�-a� "=. =_v : � lifil,:if l��'� � T.-..,v��.EQ vV C"V "C°�2V _ � �.�� ,;..�" _.: --�� . - . �.� ;V :'c•sC° -�._ SLD..._552C:1 t0 . ,,. _._: l � i � --� f� COIJRT OF APPEALS NIJMBER CO-97-1383 STATE OF.MINNESOTA COUNTY OF RI,M3EY Fleet Mortgage Corp., Plaintiff(s), DISTRICT COIIRT SECOND JIIDICIAL DISTRZCT CASE TYPE TEN: INJIINCTION File No. vs. NOTICE QF MOTION AND MOTION FOR TEMPOF2ARY RESTRAINING ORDER TEMPORARY INJIIHCTION AND/OR PERMANENT INJIINCTION City o£ 5aint Paul, Defendant(s). TO: City of St. Paul and its attorney, Steven Christy, Assistant City Attorney FLEASE TAICE 2iOTICE, that on , 1997, at a time set by the Court, the undersigned will move the above-named Court, at the Ramsey County Courthouse in St. Paul, Minnesata, for an Order: 1. 2. 3 B temporarily restraining the Plainti£f from raising, demolishing or removing the building at 659 Edmond Avenue, St. Paul, MN 5510a; and £or a temporary injunction halting the City o£ St. Paul from de:�olishing 659 Edmond Av?nue, St. Daul, I�+ST 55i�S; and for a permanent injunction enjoining the City of St. Paul from demolishing 6�9 Edmond Avenue, St. Paul, MN 55104; and other relief as the Court deems just and equitable. Said motion will be based upon the Sunmons and Complaint, COURT OF APPEALS NLTMBER CO-97-1383 as well as the accompanying memorandum of law and all the all the files, pleadings and records herein. Dated: July 18, 1997. SHAPIRO & NORDMEYER Irawrence P.� i - 152559 �7300 Metro Blvd., Suite 390 Edina, MN �439-2306 (612) 831-4060 Attorney"�or Fleet 97-14997 ACRNOWI,EDGMENT REQIITRED BY MINN. STAT. §549.21� SIIBD 1 The undersiqned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned or her client acted in bad faith; asserted a claim or defense that is frivolous and that is costly to the other party; asserted an unfounded position solely to delay the ordinary �se of the proceedings or to harass; or committed- a fraud upon the Court. / �r .:cr, ,7 '/ / Lawrence P,:� Zielke COURT OF APPEALS NUMBER CO-97-1383 STATE OF MINNESOTA COIINTY OF RAMSEY Fleet Mortgage Corp., Plaintif£(s), DISTRICT COURT SECOND JIIDICIAL DISTRICT CASE TYPE TEN: Z2IJIINCTION File No Vs. City o£ Saint Paul, Defendant(s). MEMORANDUM OF LAW IN SI3PPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER FACT3 AND PROCEDIIRAL HISTORY on December 21, 1989, Johnnie M. Brown, single and Ke11y E. Brown, Jr., single, granted a mortgage to Midwest Mortgage Corporation in the original principal amount of $37,150.00, said mortgage ultimately bsing assigned to Plaintif£, F1eet Mortqage Corp. (hereinaPter Flee�). Payments were not made on the mortgage and a mortgage foreclosure by advertisement action has been commenced and a sherifP's sale is set for August 27, 1997 at the Ramsey County Sherif°'s Of=ice. If no redemption is n�ade from the sneri£f's sale, Fleet will beco�e the fee owner on renruarY 27, 1998. The six montn statutory redemption may not be reduced to Pive weeks as allowed by Minn. Stat. §582-032, because the mortgage pre- dates December 31, 1989. The City Council Legislative Hearing Officer held a public hearing to consider a council resolution ordering the repair or removal of the building located at 659 Edmond Avenue. The COURT OF APPEALS NUMBER CO-97-1383 legislative hearing officer recommended to the City Council on July 10, 1997 that the building not be razed until January 1., 1998, if certain conditions be met. The City Council voted to raze the building, INJIINCTIVE RELZEF SHOIILD BE GRANTED A. Leaal Backciround The purpose of injunctive relief is to protect the status quo pendinq litigation. St Jude Medical Inc. v. CarboMedics, Inc., 764 F.2d 500, 502 (8th Cir. 1985)(applying Minnesota law); Dahlbera Bros. Inc, v. Ford Motor Co., 272 Minn. 264, 279, 137 N.W.2d 314, 324 (1965)_ Furthermore, an injunction should issue where the failure to preserve the status quo ante will preclude effective relief Prom being granted to the complaining party. Pickerign v. Pasco Marketina. Inc., 303 Minn. 442, 444, 228 N.W.2d 562 „ 564, (1975); Sewarci v. Schreiber, 240 M_inn. 489, ?9Z, 62 N.W.2d 48, 50 (1954). �t is well establisned�,in Minnesoca that, in deciding whether co grant injunc�ive reliei �o an applicant, the courts are to apply wnat are known as the Dahlbercr factors. There are five Dahlberct factors: (1) nature and background oz the relationship betwean the pazties; (2) harm to be suifered if the tenporary restraint is denied as compared to that inflicted on defendant iP the injunction issues; (3) likelihood that one party or the other wi11 prevail on the merits; (4) public policy as expressed; and (5} adninistrative burdens of the judicial supervision and enforcement_ -2- COL3RT OF APPEALS NUMBER CO-97-1383 Dahlberg Bros., 272 Minn. at 274-75 „ 137 N.W.2d at 321-22 (1965); Overholt Croo Ins Serv Co. Inc. v. BerdesQn, 437 N.W.2d 698, 701 (Minn.Ct.App. 1989}. Here, an analysis of the facts of this case, as they now appear, warrants the imposition of injunctive relieP. B. Nature and Backctround of the Parties' Relationshib Fleet is a duly authorized servicer of £ederally insured loans under the Federal Flousing Administration program, hereinafter "FHA". FHA loans are under the province of the Secretary of Aousing and Urban Davelopment, and is represented locally by a "FiUD" office in Minneapolis. Because the property will be conveyed to HUD after the redemption period expires, HUD is the ultimate party in interest, and as a governmental body, has a long runninq reZationshio with �he local housing authorities for the City of St. Paul_ C. Balance o= Harm Analvs?s The harm 'to be suffered by Fleet is none oiher than �he loss of tne building upon which it has a security inzerest and which was secured by a mortgage in excess of $37,000.00. Fleet faces not only the loss of value, but the cost o£ the demolition. On the other hand, the harm suffered by the City is merely the delay of demolition, or better yet, the benefit oP a revitalized and rehabilitated house, if an aopropriate third party buyer can be -3- COURT OF APPEALS NiJMBER CO-97-1383 found by The Secretary of Housing and Urban Development. Conveying the property to HUD by Fleet without the house on the lot may jeopardize the insurance claim of F'leet. Thus, the balance of harm analysis weighs greatly in favor of Fleet. See Western Union Tele ra h Co. b. Industrial Com'n of Minnesota, 24 F.Supp. 370, 374 (D. Minn. 1938); Overholt Croo., 437 PI.W.2d at 701. D. Merits AnalVSis Demolition o£ a house is a drastic remedy, that should only be employed as a last resort. Rehabilitation by responsible parties should always win out over demolition. E. Public Policv Analvsis There is little doubt that there is a shortaqe of aPfordable housing in the metronolitan area. The problems of the core cities are well documented. The problem is not �hat a house sits on the subject premises, but a house that does �ot meet code compliance. Assuming a responsible third party purchaser can be located tha� wi11 bring the prcnerty up to code, this clearly weighs in �avor of a temporary injunction "to promote a�fordable housing in the core cities. F. Burden Upon the Court Given the fact that there are two responsible parties, the City and Fleet, the burden of enforce:nent of an injunction would be ''S� .:OURT OF APPEALS VUMBER CO-97-1383 minimal. Both attorneys have been before the Court on numerous similar si�uations, and have worked well together to.coordinate similar cases. CO23CLIISION The Darilberg analysis weighs strongly in favor of Fleet, and injunctive relief should issue allowing Fleet time beyond the end of the redemption period to locate a third party buyer and/or to bring the property up to code. Respectively Submitted, Dated: July 18, 1997. SHAPIRO & NORDMEYER i' / � �� ,� � ./ -'IGG��G�� ,% , G!;.c Lawrence P. ZieTke�- 152559 i�� ' 7360 Metro Bl;ad.�'SUite 39� , Edina, MN 55`439-2306 - (612) 831-406� P_ttorneys for Fle=t -5- �OURT OF APPEALS ViJMBER CO-97-1383 STATE OF MINNESOTA COIINTY OB RAMSEY Fleet Mortgage Corp. PlaintifP, DI3TRICT COIIRT SECOND JIIDICYAL DISTRICT File No. vs. The City of Saint Paul, Defendant(s). ORDER The above-entitled matter came before the Court pursuant to a motion for a temporary restraining order by Fleet Mortqage Corp. Z,awrence P. Zielke appeared on behalf oP PlaintiEf. Stephen J. Christie appeared on behalf of the City of St. Paul. Based upon the files, records and proceedings herein, IT IS I3EREBY ORDERED: The City of St. Paul is restrained from demolishing the buildinq located at 659 Edmond Avenue, St. Paul, MN 55104, until , 1997, aL �hich time Plainti�f will have to make new application to the Court for any additional injunczion. Further conditions o� �nis Order are as �ollows: Dated: , 1997. BY TftE COURT: Sudge of District court .;OURT OF APPEALS VLJMBER CO-97-1383 STATE OF MINNESOTA COUNTY OF RAMSEY Fleet MortgagA Corp., Plaintiff, DISTRTCT COi3RT SECOND JUDICTAL DISTRICT Case type: Injunctive Conrt File No. vs. City of Saint Paul, Defendant. AFFIDAVIT OF LAWRENCE P. ZIELKE STATE OF MINNESOTA ) )ss. - COUNTY OF HENNEPIN ) 1. That your aPfiant is the attorney Por Fleet Mortqaqe Corp. 2. That this mortgage misses the eligibility £or a reduced redemption period by lo days. The mortgage is dated December 21, 1989, and Minn. Stat. §582.032 reguires that a mortgage be dated December 31, 1989, or thereafter to qualify for a reduced redemption period for abandoned properties. 3. Attached as Exhibit 1 is the No�ice of Public Hearings, Summary of Public Hearinc� and inspection report for 659 Edmund Avenue. 4. Representatives for "HUD" have not had an opportunity to review the property, includincf the inside, to determine if they consider the building to be worth saving. 5. This loan did not because delinquent until March 1, 1997 (due February 1, 1997) and was referred for foreclosure to Shapiro & Nordmeyer on June 20, 1997. COURT OF APPEALS NIJMBER CO-97-1383 6. In the course oP the foreclosure process, the condemnation was discovered, and Fleet was represented at the City Council meetinq when the resolution was adopted, and a request for more time was turned down by the Council. 7. A mortgage lender, pre-sale, has only a limited riqht of entry pursuant to Minn. Stat. §582.031, and that 3.s to prevent waste, not to rehabilitate property. 8. "HUD" has directed FHA loan servicers to seek a restraining order under these circumstances to allow "HUD" an apportunity to evaluate and possibly market the property. FURTHER YOUR AFFIANT SAYETH NOT Dated: 3uly 18, 1997. SHAPIRO & NORDMEYER ,�-� �= ,�' �,%, L'awrence P. , 'Attorneys for Plaintiff _ 7300 Metro Boulevard Suite 390 Edina, MSI 55434-2306 97-1?997 Subscribed and sworn �o before me '"'� this 18th day of July, 1997. ,\ ' �f�==� �. `��.��= C� . �,::"; Nor;.�r �.k_ti ..-, r_c:n ' 7 �' �" i l Ff,,G? .� . _N` 'f� -/�iL '. - _}..' '�T :J)ra �.:liv G...S LJ. �.. . ^ �� : ,.. Notary Public ..-.,�::-�,,;-.^,��..,..,�._:-.:�..., _ -2- JUL-0E OE�So S� "RUL r��LiC r.�� n ' . oit c = erra r.a��Gr �OURT OF Appg�,S NUMBER CO-97-1383 SAtNT ?AUL PUBUC HEALTH Real NaLc2 M.D.. M.P.H., Dix<ror ClTY OF SAiNT PAUL :�� h'uts�.NCE ac�rzoLVCS cooE Norm Coicmcn. Mayar ... , FhF.ORCEb1E1+7' • - � _ . SSS CcLa� Svice[ . .. . Sa'v+t PtuL 1dV SS1Dl-226� ...�..�.r - . 3une 6, 1947 NOTICE OF PTJBLIC HEARINGS Fleet Mort�a�e Group 324 West Evans Street Florence, 5C 29501 Loam 82�4302 To alI �nown Responsible andlor Interested Parties Dear Sir or Madam: 612-298-f153 The Saint Paul _City Cou:�cit a�-�d Lhe Legislative Heazing Officer of the Ciry Council have schedcied publie hearings to consider a Council Resolution orde:ing tl:e repair or removal oi the buiIdin�(s} located at 659 Edmnnd Avenue. In accordance •w�Lh u'�e prov;sions ef the Saint Paul Legislztive Ceee Chapt�r 45, a11 a��ners of record and ocher inte:esed paties w:th a ic.ou.;i in�erest in ihis 6uitdin¢(s) ase hereby notified of these hea:ir.=s. ?.t tP_ese hearinys testi.�anr• �'i11 be hea.rd from Lhe ?ublic Heaii; Enforcemeat Oiiicer znd �n� oLher pz-ties w-ho �.�isn to �: hea.-d. The Coc^cil v.ti?1 ::eeat a resolution desc;ihin� �%.'. zt actio^., ii :ny, the Cow-:c31 deems �pp:opriate. Please be acivised tF:e ?LbIic ?-Iezing before the Le�is!�tive Heuiae Officer is sched��led for: 'Tuesday, July I, 1997, at iQ:00 a.m, in �toom 330, Cify Hall, I� ��'est �eIlogg Baule� Saint Paui, ?�1N ��1a2 ihe Leg+.slative Hezrir.z 0�;=c°* ui11 'r,e2.- �'�e e�'ice.^.c� 2r:d �yke a recom�^,.e�datien io: acucn to the TuII City Co��ciI: We�3r�esday, 3uly 9, 1997, at 4:3D p.m. in the City Council Chambers, 3rd Floor City Hall, 15 �i%est Ke11o�Q Boule�-ard, Saint �'aul, i�'�\ 55162 ,� i Fr,t�i� �� y, i� � JUL-0E-1SS7 68�57 S� °AUL PUBL:� n�nL�n � oac < c ci � �.��.oi COURT OF APPEALS NLItviBER CO-97-1383 559 Edmund Avenue Iune 5, 1997 Page 2 AlI costs incurred by the Ciry, including inspection costs, administrative cosis, title searches, filing fees and, if necessary, demoTitioa and removal expenses, will be assessed a�ainst the re2l estate as a special assessment to hc coIIected in the same manner as real estate ta.les. If you have any questions concerning this marer please ca11 the Vacantll3uisance Buildings Co�e Enforcement Section at (612)298-4153. � �` cerely, - `� � Reneta Weiss Program Supervisor Vacant/Nuisance Buiiding Unit Saint Paul Public Heal•�h RW:m1 01-93 STJM?v�A..ccY �OR PUBLIC HEAh��G COURT OF APPEALS 654 Edmuad Avenue NUMBER CO-97-1383 Legisiarive Hearing - Tuesday, 3uly Y, 1997 City Counci2 - Wednesday, Juiy 9, 1947 The buiIding is a two-story, wood frame dwellin� with a detached, av,ersized, one-vehicle, wood fiazne garage on a Iot of 4,960 square feet. Accordiag to our files, the dwellin; was condemned in 7anuary 1997 and it has been vacant since February 1997. The current property owners are Iohnnie & Keiley Brown, ger Ramsey County Property Records and I2evenue. The owners intend tq rehabilitate the dwelling. There aave been six (6) SUMMARY ABATE?vfENT NOTICF� issued zo: remove refuse from the yard, cut grass and weeds anrl immediately secure rhe dwetiing. There has been one VEHICLE ABA�'EMENT issued. On April i7, 1997 an irspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and ghotographs a�ere taken. An �RDER TO ABATfi A NLiISA.2�ICE BUILDII4TG .vas issued on April 24, 199� with a compliance dar� of May 27, 1997. As of this date this properry remains in a condition which comprises a nuisance as defined by che Iegislatiae code. TI�e Vacant Building re�istration iees a:e cue znd owin� since February 199i. Reai Estate �xes arz paid. dn NSay 6, 1997 a Code Compiiance I.-ispection was dane. (atczched) �s of IuIy 1, i947 rhe S2,G40.4d Bor.d has rot been pested with the Buildina Inspettien t7e�ares-nenc. COC� EI1fOLC�^.lERL :IISj7e estimate �e cest i0 72�`i"aii L'?1S SI21'Ci12rC :S ^ J t5,d00. The estinated cesc to Demoiis� is Si,3°0. The PAbiic Health ResolLdo�t sub*_*:ittzd `cr ccnsi�e:2tien e.ders L�e prope:� ownPr to repair or re:nove L�is s:ruc�ure •wiG�in fiiteen (i5) ea:s, if r.et tne zesol��r.on a��Lho.izes R:blic Health co de,_:o!isn and assess u�!e cests �o'v:e grooe,��. 3UL-0B�199 02�57 5T PaUL Pv3�:= r ti�iN �OURT OF APPEALS VT.JMBER CO-97-1383 CITY OF SAIN7 PAUL 11crm Cokman, Mayo� � May 7,1997 Johnnie & Kelly Brown 7600 Bristol Village Drive :102 Bloomington, iviN 55438 Re: 659 Edmund Dear Property Owner: b1G GGG Glln r.G �bI FrICEOFUCEl:SE, tC170,\'SAVD WSRO, i}`SE: �7AL PAO2ECTIO�i �bs�! KtsSlcr, Dlrcdo� LOWRY PROFESSIONAL BUILDIXG Suiu 3D0 " 350 SL Petcr Svicet ,SaintTeul, Mlnneiota SSl02-)S10 Tcl<p7+onc_ 611-?66-9090 FaaL�sik: 611-266-9049 612-2bb972s Pursuesit to your request b�9 Edmund was inspected May 6, 1997 and the follo�•ing report is submiYed: �LJILDI?QG: 1. . Insue camplete floar in cellaz. NOTE: Cellar full of debris and could not be properly insgected. 2. a 5 6_ 7. � 10. �eplace decerio:ete3 ,<: joist :s necessa�n,'. 1 i. Replace brolen or nissing sicins. 12. Tuck point `oc�eatioa. �3. TL'C� POI..I Cil!;:1.^.°-V. I4. RepIace det�ror�,�d ill con<�r��zd rear step l�.nding to be structurally soLnd, uni�orm, ��c. 1�. Reelace ezm2ged :oo`cover,r�. i 6. Rep: ir fencing or renoo�e all. i7. Proviee compieta :epair oi g`a,� (sicing, reof co�e:ing, doors, Lim, etc.). Rep2ir 12aichway openilg. ReDair or reolace ��alls and ceilinas :s necess�y throughout. Replace a11 walls, ceil'an�s, floors, fioor covering, trirn, etc. ihat are ili-constn:cte3 and consL-uct alI in a woricmzn like mznn�r s�d comnleie. Re�?ace 4+alI th at h2s b°ea remoi�ed'eet�s'een � irt tioor front porc7 and living roon o: �1_i must be constn:cted io cude. R°�Iace deteriorated flooz below ti1� First F1oo; bath. Repiace or provide r.ew floor cov�;i> � tiuoug4out as it is open, badly soiled and ill- fittittg or miss+n�. Repai: hztchw'ay to cellz:. Reoair cr realace de:erio;ated c, miss;n� trim, soi?it, facia, frieze board, etc. J�L-0E 0E� SE S 'RUL rL�U L ncnu n May.7, 1997 Pagc 2 . 'Code Compliance Inspection Report RE; b59 Edmund .:OURT OF APPEALS vUMBER CO-97-1383 BI3iLDiT.G: (continued) 18. Provide hand and guazd rails aIi stairways and steQs as per attachment. 19. Provide ihumb type dead bolts for aIl entry doors. ' 20. Repair or replace any deterioratad or missing window sash, broken glass, sash holders, etc. as ncctss2ry. 21. Providz storms 2nd screens complete and in good repair for ai! door and window openings. 22. Prepare and paint interior and exterior as necessary (take the necessazy precautions [f Iead base paint is present}. 23. Provide general clean-up o£premise. 24. Provide smoke detectors as per UBC. _ FT.FC:TRTCAL: a ement 1. Install jumper azoLnd water meter. 2. 3. Install connectors on romex at service. Insta1115 A�vfP brezkers on 714 wire. Replace d::na�ed romex and strap romex to code. i st � 1. Nfove bed:oo� lient box dov.n flush.;�th ceiling. 2. Ground bath.;oo::i ti�ht. 3. Repair G.F.C.I. outlet. Garaoe - (Locke�l 1. Remove or re-v.�re all i:aproper wzrin�. 2_ R°-wirz i��3 to code or remov°. eneral I. InstaIl euttets �.nd li�hts ne: B�lletin 80-1. 2. Ground z11 3-u�i;e outlets. 3. Correct reverse po?2rities 2t out?ets. 4. Repair all non=::orki�� eIectrical devices. �. Replace 2 11 brorzn ar missin3 elecli de��ices. 6. Instali s:::oke d�tecto:s pe: U.B.C. �T LJMB3NG� _ i_ Firsi FIccr -12v kitchen sir_�; an� Iau:dry �bs aze noL vented (dLCt *.ape on p��st�c pipe, etc.). ir<s:a'_I zli plumbing 2nd gas pipiag � pe; code. HE AT1tiG: 1. Clean, ORS �T te�t z*:d crec?; a�I saf ty controls. 2. Test hest exchar�er. 3. instali combus_�on air. JUL-0E-1997 0E�58 ST PRUL PL3LiC HcALTH 612 222 2?70 P.07iH7 May 7, 1997 Fage 3 �ode Compliance Inspection Report FtE: 559 Edmund 7-TRATING: (continued) 4. Clean combustibles from azound fumace. 5. Provide heat Second Floor. COURT OF APPEALS NUMBER CO-97-1383 �� This property was inspeczed as being a single family residence. `L�Q7E : • - . i. . See attachment for pemui requirements. � 2, This property is designaYed by ihe Heath Department as a Categary �3 which requires a$2,000 Perfotmance Bond ot Aeposit at the time the permit is issued. Sincerely, ��.'� ��, Donald F. Wa�ner Building Inspector DPW:aw aYtachment i07PL ?.87 , COURT OF APpEALS � �` NUMBER CO-97-1383 AGENDA OF THE SAINT PAUL C1TY COUNCIL Wednesday, May 7, 1997 - 3:30 PM PUBLiC HEARINGS AT 4:30 P.M. CITY COUNClL GHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 266-8565 O�ce of the City Council CONSENT AGENDA NOTE ALL ITEMS LISTE� UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION, THERE WILL BE NO SEPARATE DISCUSS�ON OF THESE ITEMS. IF DlSCUSSION 1S DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSlDERED SEPARATELY. FOR ACTiON Approval of minutes of April 2, 1997. 2. Claims of Amy Campanaro, Earl McDonald, and State Farm Insurance (for John Steifer). Motion and Motion for Summary Judgment, E�ibits and Order in the matter of Patrick A. Carlone vs. the City of Saint Paul. 4. Sutmnons and Complaint in the matter of Lapkwang Tsang and Aau Yin Tsang vs. the City of Saint Paul. Letters from Saint Paul Public Health declaring 659 Edmund Avenue and 855 Woodbridge Street as "nuisance properties." (For noti�cation purposes only; public hearings will be scheduled at a later date if necessary.} Administrative Orders: D001220 Authorizing the Department of Planning and Economic Development to contribute $5,000.00 for consulting services for the Twin Cities Economic Development Group. D001221 Authorizing the Office of Human Resources to reimburse vendors for costs incurred in conducting employee relations and recognition programs in 1997. D001222 Implementing delegation of signature authority on City contracts. COURT OF APPEALS NI TMBER CO-97-1383 659 Edmund Avenue April 24, 1997 Page 3 East Side 14 15. There are large gaps in the concrete block foundation. The basement window wells are filled with refuse and debris. 16. The basement windows are boarded. 17. 18. 19. The first floor windows are boarded. The wood surfaces are rotted and deteriorated with eracked and peeled paint. There are large gaps and holes in the eaves and soffit. North Side 20. 21. 22. 23. 2�1. zs. 26. 27. 28. 29. The plywood cover at the top of the cellaz stairway has been removed. The basement door is open and broken. The exterior stairway 2o the basement is filled with refuse and debris. The rear concrete patio is settled, buckled and cracked. The entryway wood landing is rotted, deteriorated, poorly footed and improperly sugported. The fust floor windows and rear entry door are boarded. There are gaps in the eaves and soffit. The wood surfaces are rotterl and deteriorated with cracked and peeled paint. The rear of the dwelling is partially painted and unpainted. The second floor window uun has cracked and peeled pairn Garage � 30. The service door is ilI-fitting. 654 Edmund Avenue Aprii 24, 1997 Page 2 This building(s) is subject to the restrictioas of Saint Paul Ordinance Chapter 33A3 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. 3'his is a two-story, frame dwelling with a detached, oversized, one vehicle, wood frame garage. Er.terior South Side The front window and door are boarded. 2. The eaves and soffit are rotted and deteriorated with cracked and peeled paint. 3. The second floor screens are ripped. 4. There are large gaps in the foundation block and mortar. West Side 5. The west side of the dwelling is partially painted and unpainted. 6. There are large gaps and holes in the eaves and soffit. 7. The exterior wood surfaces have cracked and peeled paint. 8. There are gaps in the concrete foundation blocks. 9. The sidewalk is settled, buck3ed and cracked. 10. The basement window wells are filled with dirt and refuse. ii. The fust floor windows are boazded. 12. The exterior walls are bowed. 13. The chimney has gaps between the bricks, the mortar is cracked, crumbiing, and missing in places. 659 Fdmund Avenue Apri124, 1997 Page 6 Middle Room 60. The carpeting is soiled and rotted. _bi. The linaleum is missing. 62. The walls and ceiling have cracked and peeled plaster and paint. 63. T'he windows are not intact. 64. The window is broken. 65. There are household items, refuse, debris and furniture stored in this room. Kitchen 66. The appliances have been removed. 67. The kitchen cupboards and cabinets have been removed. 68. The wa11s and ceiling have cracked and peeled paint. 69. The ceranuc tiles aze loose, missing andlor poorly installed. 70. The ceiling is collapsing. Bathroom 71. The bathroom has a strong odor of feces and urine. 72. The flooring has been removed. 73. The floor is not continuous nor impervious to water. 74. There is feces in the toilet. 75. The bathtub is not properly caulked or sealed. 76. The window is broken and not intact. 77. The handsink is not properiy installed. . � COURT OF ApPEALS NUMBER CO-97-1383 659 Edmund Avenue _ April 24, 1997 Page ? Note: The water service is off. Living Room ?8. There are numerous household items, refuse and debris suewn throughout. 79. The carpeting is soiled and matted. 80. The floor is soft and spongy. 81. The window is broken and the sash cord is missing. 82. The window uim and windows are ill-fitting. 83. The screens are ripped. 84. The ceiling and walls have cracked and peeled paint and plaster. 85. The wood irim and baseboard etc., have cracked and peeled gaint. 86. The walls and ceiling aze soiled. 87. The floor is soiled. 88. The closet is fuli of household items, refuse and debris. Common Landing Bottom of Front Stairwell 89. T'he floor is soft and spongy. 40. The linoleum is ripped and torn. FirsE Floor Living Room 91. The living room floor is uneven and settled. � � 92. The carpeting is matted, soiled and rotted. �OURT OF APPEALS � V[JMBER CO-97-1383 659 Edmund Avenue Apri124, 1497 Page 9 112. The ceiling tiles aze broken and missing. 113. The ceiling grid work is bent. 114. The walls are buckled and wazped. Kitchen 115. There aze numerous items of food, debris, refuse and household items, etc. strewn throughout. l lb. The kitchen is partially painted and unpainted. 117. The ceranvc tiles ue missing from the wails. 118. The ceiling has cracked and peeled paint and piaster. 119. 11ae wallpaper has peeted away from the walls. 120. The counter tops and appliances aze soiled. 121. The floor is not continuous nor impervious to water. 122. The linoleum is ripped and missing in places. 123. The floor is soft and spongy. Note: There is evidence of a rodent infestation throughout. As owner, agent or responsible party, you aze hereby notified that if these deficiencies and the resuiting nuisance condition is not conected by May 27, 1997 Saint Paul Public Heaith will begin a substantial abatement process to demolish and remove the buiiding(s). The costs of this acdon, including administrative cosu and demolition costs wIll be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Section, 3S0 St. Peter Sueet Suite 300, Lowry Professional Building (612)266-9�01. This inspecrion will identify spec�c defects, necessary repairs and legal requirements to correct this nuisance condition. 5� � i� � � � h` ! �4 F t� �� E C�4 i�� L. Presented By Referred To RESOLUTION C1TY OF SA1NT PAUL, MiNNESOTA Council File # � `�— SYd Green Sheet # � \ \�� WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removat of a two-story, wood frame dwelling and detached, oversized, one-vehicle, wood frame garage located on property hereinafrer refened to as the "Subject Property" and commoniy known as 659 Edmund Avenue. This property is legaliy described as foliows, to wit: I.ot 21, Chute Brothers' Division No. 3, an Addition to the City of Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before April 29, 1997 , the following are the now known interested or responsible parties for the Subject Properry: Johnnie & Kelley Brown, 760� Bristol Village Dr. #102, Bloomington, MN 55438; Fleet Mortgage, 11200 West Parkland Avenue, Dept.663, Milwaukee, WI 53224, L,oan# 8254302; Fleet Mortgage Group, 324 West Evans Street, Florence, SC 29501, I.oan# 8254302. WFiEREAS, 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 April 24, 1997; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuantto Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subjeci Proper[y by May 27, 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 WHEREAS, this nuisance condition has not been corrected and Public Health requested that the Ciry Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Councii; and WHEREAS, the interested and responsible parties have been served notice in accardance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public heazings; and `�,`1— a'�c� WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 1, 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 Sub}ect Property safe and not detrunental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with a11 applicable codes and ordinances. The ret�abilitation or demolitian of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 7uly 9, 1997 and the testimony and evidence including the action taken by the Lzgislative Hearing Officer was considered by the Council; now therefore BE IT RE50LVEA, 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 659 Edmund Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Cflde, Chapter 45. 2. That the costs of demolition and removai of this building(s) is estunated to exceed three thousand dollars ($3,OOQ.QO). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to.the then known responsible parties to correct the deficiencies or to demolish and remove the buiiding(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Aealth has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacanUNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolurion and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: L The above referenced interested or responsi6le parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accozdance with all appiicable codes and ordinances, or in the alternative by demolishing and removing the stmcture in accordance with a11 applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. ��l- � �� 2. If the above corrective action is not completed within this period of time the Pubiic Aealth, 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 incuned against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the Ciry of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department o£: sy: Approved by�t By: � / Date � 13 ��` r �rd� B f�LLU�llS�x�G¢- Porm Approved by C`ty Attorney ' \ By: Approved by yor £or Submission to Counci� � By: � Adopted by Council: Date ° Adoption Certified by Counci S etary �1.�1- � � � os !06A T 97 GREEN SHEET N° I91.15 I CONTAGT PERSON & PHONE INITIAVDATE INRIAVDATE Charles Votel 298-4153 DEPARTMENTDIRE�CTOR — CITYCOUNqL RSSIGN CITYAZ'fORNEY Z /' / CtTYCLERK FUMBEfl FOfl — �f MUST 8E ON COUNqt AGENDA BY �DATE) HOUTING BUDGE7 DIREC70R � FIN. & MGT. SEAVICES �1R. July 9, 1997 ORDEfl �MAYOR(ORASSISTANT) � is TOTAL # OF SIGNATURE PAGES jCLIP ALL LOCATIONS FOR SIGNATURE) ACTIOtS REOUESTEO: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced buildi.ng(s). 2f the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 659 Edmi:nd Avenue. RECOMMENDAT�ONS: npprove (A) or iteject (R) pERSONAL SERYICE CONTRACTS MUST ANSWER THE FOLIOWlNG QUESTIONS: __ PLANNM('i COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm aver worked under a contract for Ynis tlepartmenY? _ GIB COMMITfEE _ YES NO _ STAFF Z. Has this persoNfirm ever been a city empbyee? — YES NO _ o�s'rRiCr CoURi _ 3. Does this OQ�soNfirm possess a skill not normalry possessed by any current city employee? SUPPOflTS WHICH COUNCIL OeJECTIVE? YES N� Ezplaln eil yes answers on separete sheet and attach to graen sheet INITIATING PROBLEt IS �IE, OPPO F TIINiN (Who, Whgt, When. Wh e. Wf� ). This buil�ing(s) is a nuzsance Yiui�iding(s) as defined in Chapter 45 and a vacant building as de£ined in Chapter 43 of the Saint Paul LegislaCive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 659 Edmund Avenue by May 27, 1997, and have failed to comply with those orders. F�� .;�'`"�� , �� '� t� a � �, fa A�VANTAGESIFAPPROVEO. " � B � 4(1lSy The City will eliminate a nuisance. � �� .�� '�2.:�= ;r�:�:.� �� tl� �}��`�� JEIi� � � i�:�� . ---- .__4_._.----�.�_�__�-.-,xr. �ISADVANTAGES IP APPROVEO, 2he City will spend funds to wreck and remove this building(s). These costs will lae assessed to the properCy, collected as a special assessment against the property taxes. OISADVANTACES IF NOT APPROVEO. A nuisance condition wi11 remain unabated in the City. This buildiag(s) will continue to blight the community. I { $7,000 - $8,000 TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CiRCLE ONE) YES NO Nuisance Housing AbatemenC 33261 FUNDING SOURCE ACTNITV NUMBER FINANCIAI INFORMATION: SE%ALAIN) SHAP{RO & NORDMEYER, L.L.P. ATTORNEYS AT IAW T3QQ MEfRO 80ULEVARD, SUITE 390 GEf2ALDM.SHAPIRO' EDINA,MINNESOTA 55439-2306 DAVID KOEISMAN" NANCYA.NORDMEYER LAWRENCE P. ZIELKE 6EfHW.ASMUSSEN DARCY A. W EILER 'licensetl in Illinds aM FbMa "leensetlmlllwisonty August 5, 1997 VIA FA% AND HAND DELIVERED (266-8574) Attn: Dave Thune City Council President City of St. Paul 15 West Kellogg Blvd. - ROOM 310B St. Paul, MN 55102-1&94 q� -ggQ � TELEPHONE (6t2) 831-4060 TELECOPIEA: (6t2) 831-4734 �,",�';�� sa��`. �'a'«€x �� 7 .�'�+"�. ; f:7�( Re: City Council Agenda for Motion for Stay of Enforcement Property Address: 659 Edmond Avenue, St. Paul, MN 55104 City Council No. 97-880 My File No. 97-14997 Dear Councilperson Thune: Enclosed and served upon you via fax and by personal delivery please find Notice of Motion and Motion for a Resolution, City of Saint Paul, Minnesota together with proposed Resolution. As requested in my letter of July 28, 1997, please place me on the City Council agenda. Thank you. Sincerely, .- � �� d- �awrence P. $�e Attorney at Law LPZ:qev cc: Peg Birk/City Attorney, Attn: Stephen J. Christie, Esq. City ClerkfCity of St. Paul John Westrick, Esq. Pam Eder (FLO) Loan No. 82543�2-M �� o Council File #97-880 NOTICE OF MOTION AND MOTION FOR A RESOLIITION� CITY OF SAINT PAIIL� MIlINESOTA TO: City of St. Paul and its Counsel, Peg Birk, City Attorney, Stephen J. Christie, Assistant City Attorney, City Hall, 15 West Kellogq Blvd., St. Paul, Minnesota 55102. PLEASS TAICE NOTICE, that on August 13, 1997, at a time set by the City Council agenda, the undersigned will move the City Council for the following relief: 1. Stay of enforcement, pending appeal, of the resolution to demolish the building at 659 Edmund Avenue, upon the following terms: a. Relator, Fleet Mortgage Corp., shall be responsible for the exterior maintenance and security of the property at 659 Edmund Avenue; And, b. Relator, Fleet Mortgage Corp., will indemnify and hold harmless the City of St. Paul for any tort claims up to the statutory limit of six hundred thousand dollars ($600,000.00), durinq the pendency of the appeal. Said motion is based upon the Writ of Certiorari, represented by a Notice of Case Filing, State of Minnesota, Court of Appeals, Case No. CO-97-1383, a copy of which is attached hereto as Exhibit A; And, upon a companion appeal from Ramsey County District Court, represented by a Notice of Case Filing, State of Minnesota, Court of Appeals Case No. Co-97-1382, a copy which is attached hereto and q�-�g� made a part hereof as E�ibit B. Relator and Appellant Fleet Mortgage Corp. is in the process of moving the Court of Agpeals to consolidate the Appeals for purposes of judicial economy. Said Motion is also based upon all oE the records, Piles and proceedings herein. Lawrence P. Zielke will appear at the City Council hearinq to address the Council, if oral argument andjor presentation is allowed. Dated: August 5, 1997. SHAPIRO & NORDMEYER B , ,�t�ac2 � �` L rence P. Zie] - 152559 00 Metro Blvci.� Suite 390 Edina, MN 55439-2306 (612) 831-4060 S&N No. 97-14997 Attorneys for Fleet Mortgaqe Corp. -2- STATE OF MINNESOTA COtSRT OF APP8AL5 ��-��Q NOTICE OF CASE FILII3G Tria1 Court Case #: Case Type: Agency Review LAWRENCfi P ZIET.xF SHAPIRO & NORDMEYER 7300 METRO BOULES7ARD S`TE 390 EDZNA MN 55439-2306 auc o 4 �ss� °' ' v L.7t} �fn ( ��' ` �JL� Case Title: Fleet Mortgage Corp., Relator, vs. City ot SainC Paul, Respondent. * You are notified that case number CO-97-1383 has been assigned to this matter. Please include this number on all subsequent filings, including correspondence, to this office. Also, glease include your Attorney Registration License number on all filings. The appendix to your brief must have pages numbered consecutively from beginning to end and must contain an index. Failure to comply may result in rejection of the appendix. This office wi11 send notice to the Tria1 Court Administrator when transmission of the trial records and exhibits is required. *** Conformed copiea of writ enclosed. Promptly file affidavits of service upon adverse parties and agency. PURSUANT TO THE COURT'S ORDER, ANY DEFICIENCIES NOTED MUST BE REMEDIED WITHIN TEN DAYS. PAILURE TO COMPLY WITH THIS NOTICE, ALL APPLICABLE RTJI.�ES, COURT NOTICES, AND ORDERS, MAY RESUI,T IIS THE IMPOSITION OF SANCTIONS. . Dated: July 31, 1997 BY 2HE COURT: Frederick K. �rittner Office of Clerk of the Appellate Courts 305 Minnesota Sudicial Center St. Paul, MI�T 55155 r b;-r ,q STATE OF MINNESOT COIIRT OF APPEALS LAWRENCE P ZIELKPs SHAPIRO & NORDMEYER 7300 METRO BQULEVP.RD STE 390 EDINA MN 55439-2306 Case Title: Fleet Mortgage Corp., Appellant, vs. City of Saint Paul, Respondent, a NOTICE OF CASE SILING Trial Court case #: C1976989 Case Type: Appeal from Order � AU� � �� <<�� .�� You are notified that case number C9-97-1382 has been assigned to this matter. Please include this number on all subsequent filings, including correspondence, to this office. Also, please include your Attorney Registration License number on a11 filings. The appendix to your brief must have pages numbered consecutively £rom beginning to end and must contain an index. Failure to comply may result in rejection o£ the appendix. This office will send notice to the Trial Court Administrator when transmission of the trial records and er_hibits is required. PURSUANT TO THE COURT'S ORDER, ANY DEFICIENCIES NOTED MUST BE REMEDIED WITHIN TEN DAYS. FAILURE TO COMPLY WITH THIS NOTICE, ALL APPLICABLE RULES, COURT NOTICES, AND ORDERS, MAY RESULT IN THE IMPOSITION OF SANCTIO23S. Dated: July 31, 1997 BY THE COURT: Frederick K. Grittnex Office of Clerk of the Appellate Courts 305 Minnesota Judicial Center St. Paul, MN 55155 �x�fb��' l3 �1-�BC� Council File # Green Sheet # RESOLIITION CITY OF SAIDTT PAIIL� MIN2IESOTA Presented by Referred To: Committee: Date 1 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 27 2s 29 30 31 32 WSEREAB, the Court of Appeals has issued a writ of Certiorari to the City Clerk of Saint Paul regarding Council File No. 97-88� regarding the demolition of 659 Edmund Avenue and has the authority to stay the enforcement of the council resolution to protect the subject-matter of the appeal pursued by Fleet Mortgage Corp., and wHEREAS, the same realtors have also filed a motion before the City Council requesting a stay of execution of the resolution, and FTHEREAB, the Court of Appeals may well remand a certiorari appeal back to the City Council to impose reasonable terms and conditions of a stay pending appeal and the City wishes to avoid any further delays in the abatement action, and WHEREAS, Fleet Mortgage Corp. has agreed to indemnify the City of St. Paul for any tort claims during the pendency of the appeal; now, therefore, be it RESOLVED, that the City Council will stay enforcement of its resolution to demolish the building at 659 Edmund Avenue upon the followinq reasonable terms and conditions which it finds will adequately protect the health and safety of the citizens: First, the relator Fleet Mortgaqe Corp. shall be responsible for the exterior maintenance and the security of the property at 659 Edmund Avenue; and, a�-�g0 � 2 3 4 Second, the relator Fleet Mortgage Corp.-wi11 indemnify and hold harmless the City of St. Paul for any tort claims up to the statutory limit of six hundred thousand dollars ($600,000.00), during the pendency of the appeal. Adopted by Council: Date Adoption Certified by Council Seczetzzy ay: Approved by Mayor: DaLe Request by Department of: Fublic Health Bv: Form Approved by City Attorney Approved by Mayor for Submission to Council By: n}.: 07/28/97 15:2B F.93 6128S1d±5A SH.�PIRO-NORDMESR " SHAP3RK} & hSORgMEYER, L.L.P. x�vsivu�w Tj7p NE'�AG Bd.AEVMO St7;'�E S� GEAA1-DliS7AP6t0' EQINA. M1fCh'ESCTA SS�39•2306 �A1RO IQ;E756lAPI" NkNCY A NOMlIEI'EA LftWFB7CEP.ffii11� 8ET}IIT.A$LSU�.+EJ3 DAACR G.�IEII.Eft M1kxa�nro�mbrdfMb. �WewlbID�oYrnd' Jul� Z8� ZQ}� Attn: nave Thnne City caunciS President City oY St. Paul 15 West Kellagg Blvd. - ROOM 31aB St_ �aul, T�i 55182-1694 Re: F1eet Mortgage Coxp.. v. Cit� of St. CotLrt File No. C1-97^6989 Propertp Address: 6a9 Edmand Avenue, Loan No. 8ZS4302-M piy File No. 4?-14997 D2dT Mr. TRune: Paul � 003�00� ��-�g� 7HL�PHat�E (fit2S �-�0 7FLECOPIFA (652) B3i�734 St. Paul, MN 551iJ4 This is a farmal request to appear on the City CounoiJ. agenda for August 13, 19s7, to fox�mally seek. a stay of demolition of 659 Edmond a+venue, pending ay�p�al to the Court of Appeals of the City Council resolution ordering c�emoli�ion o£ the building. Fnrmal motion papers wiil fallow. z£ you hav� any qvestions conaerning this request, I trust that you will contact Mr. C'hristj.e at the City Attorney's office. Thanlc you. . � S � P. 2ri lke at�i�w LPZ:gew cc: Stephan Christia Assistant city Attarney Alice M. RadgersJPropertp Preser9ation (FLO} Loan ldo. 8254342-M SAINT PAUL PUBLIC HcAL7H Nea! Ho(1an, MD., M.P.H., Disector � L -� �� CiTY OF SA1NT FAUL NUISANCE BUlIlJI.YGS CODE Norm Coteman. Mayor ENFORCEMEM SSS Cedar Sveet Saint Paul, M1J 55107•21b0 i 3une 6, 1997 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council 611-198-4l53 Saint Paul Public Health, VacantlNuisance Buildings Enforcement Unit has requested the City Council schedule public heazings to consider a resolution orderin; the repair or removal of the nuisance building(s) located at: 659 Edmund Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing -�'uesday, July 1, 1997 City Council Hearing - Wednesday, July 9, 1997 The owners and responsible parties of record are: Name and Last Known Address 3ohnnie & Kelley Brown 7600 Bristol Village Dr. #102 Bloomington, MI�T 55438 Tnterest Fee Owner Fleet Mortgage 11200 West Pazkland Avenue, Dept.663 Milwaukee, WI 53224 Loan# 8254302 Fleet Mortgage Crroup 324 West Evans Street Florence, SC 29501 Loan� 8254302 Mortgagee Mortgagee F...;..-� ' � �.':`.? aa�'sa"li� , _ .. ._ . ��:�;�� _,.�-.�,.,: � �� - �� 659 Edmund Avenue June 6, 1997 Page 2 The legal description of this properry is: Lot 21, Chute Brothers' Division No. 3 an Addition to the City of 5aint Paul. Saint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Pubiic Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buiiding in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be coliected in the same manner as taxes. cerely� rt ' `� � �.�1 Reneta Weiss Program Supervisor Vacant/Nuisance Building Unit 5aint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Aan Pahl, PED-Housing Division 01-93 SUMMARY FOR PUBLIC HEARING 659 Edmund Avenue I.egisIative Hearing - Tuesday, 3uly 1, 1997 City Coun�il - Wednesday, July 9, 1997 The building is a two-story, wood frame dwelling wiffi a detached, oversized, one-veIucle, wood frame garage on a lot of 4,96Q square feet. According to our files, the dwelling was condemned in Tanuary 1 997 and it has been vacant since February 1997. The cunent properry owners are 3ohnnie & Kell rown ner Ramsey County Property Records and Revenve. The� owneis�.ntend to rehabilitate ffie dwelling There have been six (6) SLTMMARY ABATEMENT NOTICES issued to: remove refuse from the yard, cut grass and weeds and immediately secure the dwelling. There has been one VEHICLE ABATEMENT issued, On April 17, 1997 an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TO ABAT'E A NUISANCE BUTLDING was issued on April 24, 1997 with a compliance date of May 27, 1997. As of this date this properry remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant $uilding registration fees are due and owing since February 1997. Real Estate taxes are paid. On May 6, 1997 a Code Compiiance Inspection was done. (attached) As of July 1, 1997 the $2,000.00 Bond has not been posted with the Suilding Inspecdon Department. Code Enforcement Inspectors estimate the cost to repair this structure is $35,000. The estimated cost to Demolish is $7,390. The Public Heaith Resolution submitted for consideration ordets the property owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes Public Health to demolish and assess the costs to the property. � CITY OF SAINT PAUL Norm Coleman, Mayor May 7, 1497 Jotmnie & KeI1y Brown 7600 Bristoi Village Drive #102 Bloomington, MN 55438 Re: 659 Edmund Deaz Property Owner: OFflCE OF UCENSE, INSPECTIONS AND ENV(RONMENfALPROTECTfON Robert Kesster, Disector LDWRY PROFFSSIDNAL &UtLDtNG Suite 300 3S0 St Peter S:�eet SairttPaut, Mirtrsesara 55t02-f510 7'elephone: 672-166-9090 Fauimile: 6I2-166-9049 bl1-266-91 N Pursuant to your request 659 Edmund was inspected May 6, 1997 and the following report is submitted: BUILDING: i. Insure complete floor in cellaz. NOTE: Celiar fuli of debris and could not be properly inspected. 2. Repair hatchway opening. 3. Repair or replace walls and ceilings as necessary throughout. 4. Replace ail walls, ceilings, floors, floor covering, trim, etc. that are ill-constructed and construct all in a workman like manraer and complete. 5. Repiace wali that has been removed between Farst Floor front porch and living room or � must be constructed to code. 6. Replace deteriorated floor below tile First Floor bath. 7. Repiace or provide new floor covering throughout as at is open, badly soiled and ill- fitting or missing. 8. Repair hatchway to cellar. 4. Repair or replace deteriorated or missing trim, s�ffit, facia, frieze boazd, etc. 10. Replace deteriorated rim joist as necessary. 11. Replace broken oz missing siding. 12. Tuck point foundation. 13. Tuck point chimney. 14. Replace deteriorated ill constructad rear step landing to be structurally sound, uniform, etc. 15. Repiace damaged roof covering. 16. Repair fencing or remove all. 17. Provide complete repair of gazage (siding, roof covering, doors, trim, etc.). May 7, 1997 Page 2 Code CompIiance Inspection Report RE: 659 Edmund $UILDING: (continued) 18. Provide hand and guazd rails a11 stairways and steps as per aitachment. 19. Provide thumb type dead bolts for all entry doors. 20. Repair or replace any deteriozated or missing window sash, broken glass, sash holders, etc. as necessary. 21. Provide storms and screens complete and in good repair for all door and window openings. 22. Pregaze and paint interior and e�rterior as necessary (take the necessary precautions if lead base paint is present). 23. Provide general clean-up of premise. 24. Provide smoke detectors as per UBC. �LECTRICAL: aseme t 1. Install jumper around water meter. 2. Install connectors on romex at service. 3. Install I S AMP breakers on #14 wire. 4. Replace damaged romex and strap romex to code. k'irst Floor 1. Move bedroom light box down flush with ceiling. 2. Ground bathroom light. 3. Repair G.F.C.I. outlet. Gara. e�- (Lockedl 1. Remove or re-wire all improper wiring. 2. Re-wire feed to code or remove. eral l. Install outlets and lights per Bulletin 80-1. 2. Ground a113-wire outlets. 3. Correct reverse polarities at outlets. 4. Repair al1 non-working electrical devices. 5. 12eplace all broken or missing eIectricai devices. 6. lnstall smoke detectors per U.B.C. PLUMBING: 1. First Floor - lav, kitchen sink and laundry tubs are not vented (duct tape on plastic pipe, etc.). Install all plumbing and gas piping as per code. HEATING: � 1. Clean, ORSAT test and check all safety controls. 2. Test heat exchanger. 3. Install combustion air. May 7, 1997 Page 3 Code Compliance Inspection Report RE: 659 Edmund �ATiNG: (continued) 4. Clean combustibies from azound fumace. 5. Provide heat Second Floor. ZOl�Nr: This property was inspected as being a single family residence. �tOTES 1. See attachment for permit requirements. 2. This property is designated by the Heath Aepartment as a Category #3 which requires a$2,000 Performance Bond or Deposit at the time the permit is issued. Sincerely, �� „� s�-�, Donald F. Wagner Building Inspector DFW:aw attachment � ��'�� MINUT'ES QF LEGISLATIVE HEARING July 1, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Wiliits, Public Health Gerry Strathman calied the me�ting to order at 10:02 a.m. Summary abatement appeal for 9Q0 Carroll Avenue; Amedia LaFond, appellant No one appeazed; Gerry Strathman recommended denial of the appeai. 2. Summary abatement appeal for b94 Jenks Avenue; Laura Emerson, appellant. I3o one appeazed; Gerry Suathman recommended denial of the appeal. 3. Vehicle abatement appeal for 656 Short Street; Taza Fohrenkamm, appellant. No one appeazed; Gerry Strathman recommended denial of the appeal. 4. Resolution ordering the owner to remove or repair the referenced building, located at $5 Litchfield 3treet. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. (Rescheduled from June 25 Legislative Hearing to July 1 Legislative Hearing per City Council). Chuck Votei presented photos and reported the property is in the process of mortgage foreclosure, it will take $20,000 to repair it, and it was condemned in 3anuary of 1997. This property was previously laid over by Councilmember Coilins. No one appeared; Legisiative Hearing Officer recommended approval of the Public Health order. 5. Resolution ordering the owner to remove or repair the referenced building, located at 1147 Virginia Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Rescheduled from June 25 Legislafive Hearing to 7uly 1 Legislative Hearing per City Council). Margaret and Norman Jones appeazed and stated they live neact door to this property and it is not being maintained. Chuck Votel presented photos and reported his office has not been able to contact the owner, fees aze unpaid, and property repair could be up to $60,OQQ It would cost $5,000 to $6,000 to demolish it. a -��o Legislative Hearing Minutes July 1, 1997 Page 2 The owner did not appear; Gerry Strathman recommended approval of the Public Hea.ith order. 6. Resolurion ordering the owner to remove or zepair the referenced building, located at 477 Curtice Street East. If the owner fails to comply with the resolurion, PubIic Health is ordered to remove the buiiding. Lloyd Rabanus, representing owner, and Wally Nelson, prospective buyer, appeared. Chuck Votel presented photos and repozted the house has been vacant since June of 1996, there aze three summary abatement notices, hvo cita6ons issued, the City has secured the building against trespass, real estate taxes have not been paid, and no bond has been posted. The cost to repair the building is $50,000. WalIy Nelson asked what he had to do to keep the property from being tom down and stated he has a closing date of July I S on this property. Mr. Strathman informed Mr. Neison that the $200 vacant building fee has to be paid, a code compiiance inspection has to be done, and a$2,000 bond needs to be posted. Mr. Strathman suggested Mr. Nelson do what he can and then attend the July 9 Council meeting. Chuck Votel explained to Mr. Nelson that he may not be able to post the $2,000 bond uniess he is the owner. Gerry Strathman recommended approval of the Public Health order. 7. Resolution ordering the owner to remove or repair the referenced building, located at 806 A��te Street. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. Betty Asmussen, attorney for Equi Credit Corporation, and Pat Donohue, Realtor for Equi Credit Corporation and mazketing the property, appeazed. Chuck Votel presented photos and stated the house has been vacant since December 1996 and is currently for sale. The vacant buiiding fees and reai estate ta�ces aze paid. The cost to repair the properiy is $35,000. The cost to demolish it is $8,100. Beriy Asmussen stated Equi Credii is requesting 4-6 months before the city demolishes the properry. There is a person interested in purchasing it. Equi Credit has been maintaining the grass and the properry is secure. They prefer to seil "as is" to a prospective buyer. Pat Donohue stated the buyer is a contractor. Gerry Sttathman stated the building has been vacant for s'vc months and has been declazed a nuisance. If a buyer is prepared to post a bond, the City is prepared to give the buyer more �t.�l - �° Legislative Heazing Report July 1, 1997 Page 2 8. Resolufion ordering the owner to remove or repair the referenced building, located at 0 at Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 9. Resolution ordering the owner to remove or repair the referenced building, located at 5$,�5 Woodbrid e Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval and amended the date for repair or removal of the structure to January 1, 1998 if a$2,000 bond is posted by noon on Jufy 9, 1997. 10. Resolution ordering the owner to remove or repair the referenced building, located at ¢S,� Edmund Avenue. Tf the owner fails to comply with the resolution, Public Health is ordered to remove the buiiding. Legislative Hearing Officer recommended approvai and amended the date for repair or removal of the structure to January 1,1998 if the vacant building fee is paid and a$2,000 bond is posted by noon on 3uiy 9,1997. �1'O�d Legislative Hearing Minutes July 1, 1997 Page 3 time. Mr. Strathman suggested talking to Councilmember Collins and attending the July 9 council meeting. Gerry Strathman recommended approval of the Public Health order. 8. Resolution ordering the awner to remove or repair the referenced building, located at $55 Woodbridge Street. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. John Nelson and Steve Johnson appeazed, Chuck Votel presented photos and stated there aze four summary abatement notices on the property, the City has had to board this building to secure it against trespass, the vacant building fee is paid, and the real estate taxes are unpaid. The cost to repair this building is $35,000, The cost to demolish is $6,600. John Nelson stated he purchased the properiy to rehabilitate and occupy. FIe would like to move in by winter. Mr. i�ielson asked was there any way to get azound the $2,000 bond to buy windows and doors instead. The grass is cut and the building is secure. Mr. Nelson has been at the address everyday. Steve Johnson stated he has known John Nelson for 20 years. Mr, Nelson does good work and plans to redo the entire house. Gerry Strathman stated the $2,000 bond should be posted by noon 3uly 9. If that is done, Mr. Strathman stated he will recommend 180 days to bring ihe properly up to code. Mr. Strathman suggested Steve Johnson attend the Council meeting on Juty 9. Gerry Strathman recommended approval of the Pubiic Health order, and amended the date for repair or removal of the structure to January i, 1448 if a$2,000 bond is posted by noon on July 9, 1997. 4. Resolution ordering the owner to remove or repair the referenced building, located at ¢,_59 Edmund Avenue, If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel presented photos and stated the building was condemned in January 1997. The basement is full of gazbage and there is severe structural distress. However, the ta�ces are paid and the owners got a code compliance done. ��` , Legislative Hearing Report July I, 1997 Page 4 No one appeared; Gerry Strathman recommended approval of the Pubtic Health order and amended the date for repair or removal of the structure to January 1, 1998 if the vacant buiiding fee is paid and a$2,Q00 bond is posted by noan on July 9, 1997. 10. Summary abatement appeai for 1457 Hazelwood Avenue; Donald Eyinck, appellant. Dona3d Eyinck requested S weeks to work on cleaning the azea. Gerry Strathman viewed photos and stated the items in the yard are a pubiic health hazard. Rodents may be living in the brush. C,erry Strathman recommended denying the appeal but al]owing the owner until August 1, 1997 to take care of the problem. Gerry Strathman adjourned the meeting at 11:04 a.m. � GERALD M.SHAPtR�• DAVID KREISMAN" NANCYA.NORDMEYER LAWRENCE P. ZIELKE eETt4 W. A$lhUSSEN DAACY A WEILER -ix.,�w w wNa..m m.a. 1k�m.EMNtim�ceny 3uly 18, 1997 SHAPIRO & NORDMEYER, L.L.P. FT70RNEY5 AT U�.' 730D NE?RO BOULE�ARD, SU1TE 390 EDINA, MINNESOTA 55<39-2306 TELEPHONE: (61� 837 -bD60 TELECOPoER: (612) 83b4734 Ramsey County District Court Administrator Ramsey County Courthouse 15 West Kellogg Blvd., Suite 600 St. Paul, MN 55102-1694 Re: Fleet Mortqage Corp. v. City of St. Paul Loan No. 8254302-M - My File No. 97-14997 Dear District Court Administrator: . RECEIVFp JUC 1 g 1997 CITY �LERK Enclosed for filing please find the following: 1. Summons, Complaint with Exhibits; 2. Memorandum of Law; 3. Proposed Order; 4. Filing Fee oi $132.00; 5. Notice of Motion and Motion; 6. Affidavit of Lawrence P. Zielke. Sincerely, Lawrence ?. Zielke Attorney ac Law LPZ:gev Er,closure cc: Shirley Sailors (HUD) F.liA No. 271-?7°.9732 City of St. ?aul and Attorney ��pt�i1C� ?.�rz��Ci� d•��i� t� � 'l'�� ti �d .JU L. ��'� b A1ice Rodqers (rL0) Loan No. 82543G2-M STATE OF MI23NESOTA (� D=STRZCT COIIRT COIINTY OF RAM3EY 1��C� ��,(L�� a,�� `}� SECOND 3[7DICIAX. D28TRSCT F1eet Mortgage Corp. Plaintiff, File No. vs . SI72�A50NS The City of Saint Paul, Defendant{s). THE STATE OF MIZIL•IESOTA TO THE ABOVE-23AMED DE�ENDANT: YOU ARE HEREBY 5172�1oNED and required to serve upon plaintif£'s attorney, within 20 days after service of this Summons, exclusive of the date of service, an Answex to the attached Complaint of the plaintiff, which Complaint is on file in the O£fice of the above- named Court, which Complaint is herewith served upon you in accordance with the Rules of Civil Procedure of the State of Minnesota. The object of this action is to enjoin a condemnation proceeding. If you fail to answer the Complaint within the time aforesaid, judqment by default will be taken against you �or the relief demanded in said Complaint, together with plaintiff's costs and disbursements. This action involves, eifects or brings into questions real property situated in tne CounLy of Ramsey, Sta�e of Minnesota and legally described as follows: Lot 21, Chute Brothezs' Division No. Three (3), an Addition to the City of Saint Paul. Dated: July 1^0, 1997. SHAPIRO & NOI2DMEYER i -; � By: , Lawrence F_ Zielke - 152559 Pttorney for Plain�iff 7300 Metro Blvd., Suite 390 Edina, MN 55439-230b (612) 831-5060 97-14997 STATE OF HI23NESOTA CDL3NTY OF RAMSEY Fleet Mortgage Corp., Plainti£f(s), V5. City oP Saint Paul, Plaintiff for Defendant(s). its Complaint Defendant(s), alleges: I. DISTRICT COIIRT SECOND 3IIDICTAL DISTRICT CASE Tl'PE TE21: IXJIIDiCTION Eile No. COMPLAINT against the above-named Fleet Mortgage Corp. is a corporation organized under the laws of the State of South Carolina and is a mortgage lender authorized to conduct business in the State of Minnesota. T=� That Fleet Mortqage Corp. is tne assignee oP Midwest Mortgage Corporation, the original mortgagee on �ha� certain mortgage given by Johnnie M. Brown, single and Ke11y E_ Brown, .7r., single, to Midwesi Mor�gage Cor�oration, dated December �l, 1989 registered March 8, Z990, in the Office of the Ramsey County Registrar of Titles as Doc. No. 91675S. zzz. That said nortgaae was an encunbrance upon the following legally described property: Lot 21, Chute Brothers' Division No. Three (3), an Additian to the Citv of Saint Pau1; this property is commonly known as: 659 Edmond Avenue, St. Paul, MN 55104. IY. That said mortgage will foreclosed by advertisement pursuant to a sheriff's mortgage foreclosure sale to be held on August 27, 1997 at the Ramsey County Sheriff's Office, and a true and correct copy of the "Notice of Mortgage Foreclosure Sale" is attached as Exhibit A hereto. l�! That the six month statutory redemption may not be reduced to five weeks as allowed by Minn. Stat. §582.032, because the mortgage pre-dates December 31, 1989. vz. That this is an FHA insured mortgage, FHA No. 271-4799732, and Fleet Mortgage Corp. will ultimatsly convey this prooerty to the Secretary o£ Housing and Urban Develonment pursuant to a li:aited warranty deed, if no redempLion occurs. vII. Tha� rleet Mortgage Ccrp. paid the $200.00 "vacan� building" fee ,7uly 9, 1997, and tne building annears to have been abandoned by the fee owners, Johnnie M. Brown and Xelly E. Brown, Jr. -2- va=a. That the City of Saint Paul has instituted a condemnation proceeding relative to the subject-matter premises located at 659 Edmond Avenue. z�. The City Council ordered that the property be demolished at it's July 10, 1997 City Council meeting, after a"15" day period, which will expire July 25, 1997, pursuant to "Resolution" attached as Exhibit B hereto. X. That Fleet Mortgaqe Corp. and its insurer, the 5ecretary of Housing and Urban Development, will be irreparably damaged by the demolition of the subject ma�ter premises. xs. Because P1eet blortgage Corp. andJor the Secretary of Housing and Urban Develop-�en� 3o no� yet nold fee title, Fleet Mortgage Corp. and/or i�s inserer do not :ave �ne abili�y 4o make the necessary chznges and/or =:aorovements to become code compliant. xz2. tibon information and belief, F1eet Mortgage Corp. has secured ar.d win�erize3 the prooerty pursuant to federal regulations issued by the Secretary of Housing and Urban Develonment. -3- WHEREFORE, Plaintiff prays for an order temporarily restraining and/or enjoining the City of .Saint Paul from demolishinq the property for a reasonable period of time to. allow Fieet Mortgage Corp. to convey the property to the Secretary of Housing and Urban Development, or in the alternative to bring the property into code compliance, and for such other and further relief as the Court deems just and appropriate. Datec'1: Ju1y 1&, 1997. SFiAPIRO�& NORDME ER , ,/ � J � � `. sx��ti�lu.;; ��-� �%' Lawrence P. Zielke - 152559 , .Attorney for P1a3ntiff 7300 Metro Boulevard, Suite 390 Edina, Minnesota 55439-2306 (612) 831-4060 97-14997 The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn_ Stat., Section 5�9_21, Subd?vision 2, to the party against whom the aliegations are asserted. �. � . " \; ! ., �. Lawrence-P. Zielke -�;- . : { . , ... NOTICE OF MOR7GAGE - . � ' FORECLOSVRE SALE - . � � ' , . - ' TRE ASGBT 70 VERIFICA?IDN OF TRE ;': .:::�.:� _'.=� - . , . ." � - _ - ' . : DEBT AND IDEHTITY OF T �PROYID£D :�'.'�_;.: -��.: . . � � � � . ' - ; CR£D320R WISAIN TFiE TSMS . � � ; . �. . . , � � � BY LAW IS NOT AFFBCTED BY 2HIS ..?=,:� '� -.' . _, _ , . . : ACSION. � ' , ' , ' .. _ � • ' ' N�?ICE IS HEREBY GIVEN. [hat detault . � .. - ' � - - • has ocevrrcd Sn the condltfons ot the . ' . � � . _ - � �'foilowing described mortgage: :. •.. � . - -_ - • DATE OF MOATGAG£: Dettmbcr 21. �.:.. �- "' : . _ -- -- - '��1989 . ': . . _ . . � � - � � � pRIGiNAL PRSNCSPAL AMOUNT OF� �' , .. _ .. � - : : :;.: . � . , MORTGAGE: 537.150.00 . ' - � = � MOR7GAGOR(5�: Johnnt< M. Srown.. .._ � - - . -= single and Kclly E. Brown. Jr., Stnglc � � � � �� ' ' - - - " ' • . � ' � MOR7GAGEE: Mldwcst Mortgage, : - .. ' - - ' - _ "� Corparation , _ " � ' ' ' � � � � • DATE AND PLACE OF ftEG1S7ERfNG ON . . . . � � , . . , . ' . � ` RE6ISTERED LAND: Registtted Marth e. � _ , . � � ' � � 1990. Ramscy County Rcgisczar aC TLUcs,'�� . _' . . � : . . " � � • ' ' DocumcntNo.916758 �� . . � � � . . ' ASSIGNMEKTS OF MORTGAGE: � . � � � Asslgncd to: TCF Moztgagc Corporatlon � Datcd: Dc[cmbcY 21, 1989. Regts[crcd: March 8, 1990. Documcnt No. 916759. ' - � � ThcreaftcY azsigr.cd to: Flcc[ Mortgag< Cofp., , ' � Datcd: January 5. 1990, Rcgistcrcd: Mazch 8. ' �.. . i 1990 az Documca[ No. 916760. _ ' � � � • ' ' ' LEGAL DESCRIPTION OF PROPER'fY: � � - � ' ' � ' � - Lot 21, Chutc Brochcrs' Divlsion No. Thrcc (3). xn AdC:tion co thc CSty of Saint P2u1 COUPTY IN WHICH PROPERTY IS LOCATED:Ramsey AMOUNT DUE ANO CLAIMED TO BE DUE AS Or DATE OF NOtIC°. IhCLUDING TAXES, IF ANY, PAID BY R20RTGAGEE: 556,984.37 THAT ali pre-Corcclosure r<auirc:acnts ha�•c bcrn conplSCd with; that no actlon or nrocecding has becn instituc<d zi Law' or . . . o[huwisc m recC�'4 the debC seCU:ed by said ':-. ,• ,^.tortgagt. ot z�y ?ut thercof: :'= , PLRSUANT. to the poa•c: of sale �;:` �' con[ained ia said ^o:ig�g<. thc aCov< '. dcsc:ibed propc.^.y will bc soia by thc SSC ��t � of sald countp as folloa�s: " DhTE eL\D TI.Vi£ OF 5�!-: A::gus: =., - 1997, 10:00 A.>i. ' • ?LACE OF SALE: ShcitPs Diaia O:ficc, � 1s W esc x<ttogg 9t. d.. st. ?aul. �4N .. . . .o pay the Ccbt secnrcd by sasd mo:tg2gc �� aad caxcs, ff a.:y. on said p:=^�scs and �he > costs and dss5crserncnt5. induLing atmrncys �� _ . i<cs zllowcd 3y law, suSjccc :o :cdcmptlon . w]th3n sis months Cror.v .•`•� dam ot said '. sale by :h< mcr;gagor(s} :heir pr.sor.al ' . . rcprescnta:mcs o: zssigr.s. Da:cd: luly ^_. 1997 r^L°_ET ?10ft: GAGc COftP. Asstgncc of ?torga�ec SHAP[Rd & \O�D'dEY=R. rB�CY A. `�OftO�t�YER. L.A\4R.=,\C: �. ZlrLli=. A[mrncys tor .?ssigac= of 1Sortgagec. 7300 hitL-o 5::'d.. Sw[e 390, cG:aa.>fti �3439-2306 {612) 831-t06Q THIS IS .LV ATTESIPT TO COLLECT � , DEST AZQD A-i =' II'�FOR4IATIOti OST-4LtiEIJ WiLL B£ li5E'J FOA :x-�1T ��RPOSE. fJuh• g,».19-?5.?.uH. ��9) = c - - ST. P.3liL LEG.jL LEDGER = _ � _ � � Yti- S7ATE OF MflNNESOTA ) COUNTY OF RAMSEY ) ss. CITY OP S7. PAUL ) 4, Frances Swansan, Deputy City CterK of the Cify of Saint Paul, Minnesota, do hereby certiiy fhat 1 have oompared the aitached copy of Covncii Fite No. 97-880 as adopted by the City Councit on July 9, 1997 and approved by the Mayor on ,1uly 13, 1997 with the original thereof on fiie in my office. 1 further certify that said copy is a true and correct copy of said original and the whoie tfiereof. Wl i NESS, my 3�and and the seal of the Ciiy of Saint Paul, Minnesota this 16th day of Juiy 1997, �� (', `�t ri Jl,' S�1,�� -v- � (t.lJ. ) � DEPUTY CITY CLERK �n �:. � � '� � QC�I��i�v� Pzesented By Referred To RE50LUTl ON C{TY OF SAINT PAUL, MINNESOTA coun�il File n Green Sheet n �`�1 SCY� \�`�S VdI-IEREAS, Public Health has requested the City 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, oversized, one-vehicle, wood frame garage Iocated on_property hereinafter referied to as the "Sub}ect Property" and commonly known as 6�9 Edmund Avenue. This property is IeQally described as follows, to wit: Lot 21, Chute Brothers' Division No. 3, an Addition to the City of Saint Paul. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by. Public Health on or before April ?9, 1447 , the follo��.�in� are the no��.� l:nown interested or responsible pazties for the Subject Property: Johnnie &?Celley Brown, 7600 Bristol VilIase Dr. n102, Bloomin�ton, MN 55438; Fleet Mortga�e, 11200 West Parkiand Avenue, Aept.663, Miiwaukee, ��'I S.i22^, Loan� 82�4�02; FIeet b'Iort�age Group, 324 ��est E��ns S�reet, Florence, SC 29501, Lo2*.'i;` 825^—.302. �VHE12E.4S, Pubiic Healrh has served in accordance ��;th the pro��isions o; Ci;a��°_r =� oi �h� Saint Paul L °OSSl ative Co�e aa o:der idencified 2S a� "Order to .��iDBIZ �U7SciiC° �llil�1:?E!�}�� Ca;�Q .4pri1 2=, 1997; 2ne �1'�'1.C.icL.�S. Lf!!S OiC�.' :IlIOIi71°ff t�� .nen kno��n in�ere 6C r�S � ?:." _ DOII_1Dle D$�IES i. i iPE st;�acmr loc2ted on the Subject P;openy is a nuisanc� ouildin�(s) pursuznt to Chapt_r ".�; �r.d �i'HEREAS, this crde; in�o��..ed �he incerested o: resao, sible panies that �hey �_:us: r:pair or den�lish the strucmre located en �he Suoj�ct Prope:�y bt� :�?av 27, 1497; and SyHE?ZEAS, tl:e e:.;o:c�:r.ent o�.'�cer has posted a p!acard on t'�z SLO;�ct Pre�e:;�� ceclarir.�_ this building(s) to cor.sd �:e a nuisar.ce eond•,tion; subject co demo!ition: and WFiEREAS, chis ::aisar.ce cor.di�ion has not been correcced and P�1L:ic i�ealth req��es�e� tiiz� :he Ciry Cleri: schedule pn�lic nearin�s before the LeQislati�e Hearin_ Ofii�er oi �i:: Cir, Cour.c;l and the Saint Paul Ciry Councii; znd 1'1HEREAS, c?:e ir:�e:esced zr.d r�sponsible pa;ues ha�e oeea served notice in �cce:dance wich the provisions of Chzpter =`� of �he S2in( Paui LeRisiaci��e Code, oP the r,me, dzce. �i�ce zr,d gu�ose ei che public hea:inas; and `l.�l — a'� WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 1, 1997 to hear testimony and evidence, and afrer receiving tes[imony and evidence, made the recommendation to approve the request to order the interested or responsible panies to make the Subject Properry safe and not detrimentaI to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this swcture in accardance with all applicable codes and ordinances, or in the alternative by demolishing and removing the suucture in accordance with all applicable codes and ordinances, The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and � . WHERF_IiS, a hearing was heId before the Saint Paui City Council on Wednesday, July 9, 1997 and the testimony and evidence in�luding the action taken by the L.egislative Hearing Officer was considered by the Council; now therefore BE IT RE50LVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint PauI City Councii hereby adopts the folIowing Findings and Order concernin� the Subject Property at 659 Edmund Avenue: 1. 'I'hai the Subject Pzoperty comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 4�. 2. That the costs of demolition and removal of this buiIdin�(s) is estimated to exceed three thousand doltars (S3,OOQ.00). 3. That there no�v exists znd has existed multiple I-Iousing or Buildin� code viola[ions at the Subject Property. 4. That an Order to Abate ?�uisance Building(s) was sent to the then I:nown responsible parties to correct the deiiciencies or to demolish and remove the buildino(s). J. TR2C LfIZ d e:iciencies cz��sir. i his nuisance condition have not been co;recte 6. Tna[ Duoiic Health hzs �ested a alzcz;d on :he Scbject Prep�r}� �vhicn eectares it _o D8 2�LiS2i)C� COIIdl(ICi! S1D1°C*. IO C°P,lO�IClOi1. /. T!:�i :P7`> ^L'1;�1R°_ R.�.S C��Il i0:+?; monitar Dy ch� �'acaat/:�uisanc Rll11Ci7�S Cee� �n;o,cement Pro�,�:r�. S. Tae.� �^e u�o�cn inte*�s:ed �zrues and o�vners are as pre��ioesly stz[ed ia this resoluc+.e� an� that the ret;i:estion reauir�men;s oi Chapcer 45 have been fuiiiiled. ORDE� Tne Saint : aui C;r; Counci] ; e-eo�� maties �h•� ;oilo«in� order: I. Tne abo�•e r��e:e:,ced ir.�eres�ed er :espor.ci�le part;es shall n�a!:e the Subject P:opery safe 2ne :�ot deir:mencal to the nuo:i� peace, health, saiety an� �aelfare and remove its bliant;r.3 IF7IIL'�:1C� 0:7 C:1' COI^1]iUP.l[V b�' C�.^.3D:Ilt2i1.^.� LG3S Siit1CCLLC 3AC1 COZi�CPIl� 311 C�eT1C:e�CIC'S 8S Dresc:ibed in che abo��e reierer.�ed O;cer to .�bate \uisance Building(s) in accordance �z�idi 3�� 2DD�1CcD!: COG �T-'i� OLG]^3:;��. Cf lII �ne aJterna�ive by demolis; ID_°_ and removing CI1c= struc��re in zccore2nc� `�•ich �li a��lic�ble codzs and ordinances. Tne :enaoilita[ion or ��T:OIICIC:1 cP.d i�.fi0\'21 Ci t�?? c;,^.��;l;re ,;;ust be cor,:pleted ��ith;n rifreen (l�j da}�s after �h dz[e oi [i:� CoLr.cil Hearin�. ��l - � �° I 2 3 �4 5 6 7 8 9 10 11 12 13 2. If che abave corrective action is not completed wichin this period of time the Public Health, Code Enforcement Program is hereby authorized to tal:e whatever steps are necessary to demolish and remove this suucture, filI the site and charge the costs incurred against the Sub}ect Property pursuant to the. provisions of Chapter 45 of the Saint Paul Txgislative Code: 3. In the event the building is to be demolished and removed by the City of Saint PauI, all personal properry or fixtures of any kind which interfere with the demolition and zemoval shall be removed from the properry by the responsible parties by the end of this time period, If alI personal property is not removed, it shali be considered to be abandoned and the Ciry of Saint Paul shall remove and dispose of such property as provided by law. 4. Tt is further ordered, tha[ a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the SainT Paul Legislative Code. =-- ssc<_� ---_c-.=-= -=� s�� : /� �ti,,:�f i��`' z�� - __._� �y . � � �'� 3 �a� � E�-t' l%.�l�l.�/i ?c_� __roved by c:_.. �___.- - - .�w-�... � --- ___� cv . :cr =�_ 5��...:_=s_oa to . ��c:lr . _ � f�� _ - _ __. : cc�.._zi. �a_e � \ G 199�`1 ' _-"'-✓�''-=_-�--� �_� Cc�-c_' Sr\ et' . STATE OF MINNESOTA COIINTY OF R21M3EY Fleet Mortgage Corp., Plaintiff(s}, vs. City oF Saint Paul, DISTRICT COITRT SECOHD JIIDICIAL DISTRICT CASE TYPE TEN: INJUNCTION File No. , NOTICE OF MOTION AND MOTION FOR TEMPORIiI2Y RE5TRAINING ORDER TEMPORARY INJUNCTION ANDjOR 1'ERMANE23T INJ'IINCTION Defendant(s). TO: City of St. Paul and its attorney, Steven Christy, Assistant City Attorney' PLEASE TAKE NOTICE, that on , 1997, at a time set by the Court, the undersiqned will move �he above-named Court, at the Ramsey County Courthouse in St. Paul, Minnesota, for an order: 1. temporarily restraining the Plainti£f from raising, demolishing or removinq the building at 659 Edmond Avenue, St. Paul, M23 55104; and 2. for a temporary injunction halting the City of S�. Paul iro*a demolishing 659 Edmond �venue, St. Paul, idiv 55i0^-_; and 3. for a permanent injunction enjoining the City of St. Paul from der,olishinq 659 Edmond Avenue, St. Paul, MN 55104; and �. other reliei as the Court deems just and eauitable. Said motion will be based upon tne Summons and Complaint, as well as the accompanying memorandum o£ Iaw and all the all the Piles, pleadings and records herein. Dated: July 18, 1997. SHAPIRO & NORDMEYER IrawTence P. 1�lke - 152559 �7300 Metro Blvd., Suite 390 Edina, MN 434-23�6 {612) 831-4060 Attorney 'for F1eet 47-14997 ACKNOWLEDGMENT REQIIIRED BY MINN. STAT. §549.21, SIIBD 1 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned or her client acted in bad faith; asserted a claim or defense that is frivolous and that is cos'tly to the other garty; asserted an unfounded position so2ely to delay the ordinary mnse of the nroceedings or to hzrass; or committed. a fraud upon the Court. � �� .% � �. ��—�%/�,� �-{ cc/� ? J �- = i / Lawrence P:�'Zielke STATE OF HIN23ESOTA DISTRTCT COIIRT SECOND JIIDICZAL D23TRZCT COII2iTY OF RZiMSEY CASE TYPE TE2i: INJIINCTIOlY Eleet Mortgage Corp., PlaintiPf(s), File No. vs. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER City of Saint Paul, Defendant(s). FACTS AND PROCEIIIIRAL HISTORY On December 21, 1989, Johnnie M. Brown, sinqle and Kelly E. Brown, Sr., single, granted a mortgage to Midwest Mortgage Corporation in the original principal amount of $37,150.00, said mortgage ultimately b=ing assiqned to Plaintiff, Fleet Mortgage Corp. (hereinafter Fleet). Payments were not made on the mortgaqe and a mortgage foreclosure by zdvertisement action has been commenced and a sheriff's sale is set for August 27, 1997 at the Ramsey County Sherif°'s Office. Iz no redemptian is made from the sneriff's sale, Fleet will becone the f2e owner on rebruary 27, 1°93. The six mon�n s�a�utory redemption may not be reduced to five �aeeks as zllowed by Minn_ Sczt. §582.032, because the nortgage pre- dates December 31, 1939. The City Council Legislative Hearing Officer held a public hearing to consider a council resolution ordering the repair or removzl oi the bu?lding loca�°d a� 659 Edmond Avenue. The legislative hearing officer recommended to the City Council on July 10, 1997 that the building not be razed until January 1, 1998, if certain, conditions be met. The City Council voted to raze the building. INJUFICTIYE RELIEF SHOIILD HE GRANTED A. Leaal Background The purpose of injunctive relief is to protect the status quo pending litigation. St Jude Medical Inc. v. CarboMedics, Inc._, 764 F.2d 500, 502 (Sth Cir. 1985j(applying Minnesota law); Dahlberq Bros. Inc, v. Ford Motor Co., 272 Minn. 264, 279, 137 N.W.2d 314, 324 (1965). Furthermore, an injunction should issue where the failure to preserve the status quo ante will preclude effective relief from being granted to the comglaining party. Pickeriqn v. Pasco Marketina. Tnc., 303 Minn. 442, 444, 228 N.W.2d 562„ 564, (1975); Seward v. Schreiber, 240 Minn. 489, 492, 62 N.W.2d 48, 50 (1°54). St is weli es4ablished in Minnesota that, in decidinq whether �o arant injunc�ive relief �o an apolicant, the courts are to apply WR2L are known as the Dahlbera factors iactors: There are five Dahlbera (1) nature and background of the relationship between the parties; (2) harm to be suifered if the tenporary restraint is denied as compared to t:at inflicted on de£endant if the injunction issues; (3) likelihood that one party or the other will prevail on the meri'ts; (4) nublic policy as e�tpressed; and (5} adninistrative burdens of the judicial supervision and enPorcement. -2- Dahlbera Bros., 272 Minn. at 274-75 „ 137 N.W.2d at 321-22 (1965); Overholt Crop In5 Serv Co. Inc. v. Berdeson, 437 N.W.2d 698, 701 (Minn.Ct.App. 1989). Aere, an analysis of the Pacts of this case, as they now appear, warrants the imposition of injunctive relieP. B. Nature and Backaround of the Parties� Relationship Fleet is a duly authorized servicer of federally insured loans under the Federal Housinq Administration program, hereinafter "FHA". FHA loans are under the province of the Secretary of Housing and Brban Development, and is represented locally by a "HUD" o£fice in Minneapolis. Because the property will be conveyed to AUII after the redemption period expires, HUD is the ultimate party in interest, and as a governmental body, has a long running relationship with the local housing authorities for the City of St. Paul. C. Balanca oi Harm P_nalvs?s The harm co be su£fered by Fleec is none o�her than �he loss of che build_ng uoon wnich it has a security in'terest and which was secured by a mortgage in excess of $37,000.00. Fle°t faces not only the loss of value, but the cost of the demolition. On tne o�her hand, the harm suffered by the City is merely the delay of demolition, or better yet, the benefit of a revitalized and rehabilitated house, i� an appropriate third party buyer can be -3- found by The Secretary of Housing and Urban Development. Conveying the property to HUD by Fleet without the house on the lot may jeopardize the insurance claim of Fleet. Thus, the balance of harm analysis weighs greatly in favor of Fleet. See Western Union Telearaph Co b Industrial Com'n of Minnesota, 24 F.Supp. 370, 374 (D. Minn. 1938); Overholt Croo__, 437 N.W.2d at 701. D. Merits AnalVSis Demolition of a house is a drastic remedy, that should only be employed as a last resort. Rehabilitation by responsible parties should always win out over demolition. E. Public Policv Analvsis Theze is little doubt that there is a shortage of affordable housing in the metropolitan area. The problems of the core cities are well documented. fihe problem is no� that a house sits on the subject premises, but a house that does not meet code compliance. Assum?ng.a responsinle third party purcnaser can be located tha� wi11 brinc the property up to code, this clearly weighs in �avor of a temporzry injunction �o pronote affordable housing in tne core cities. Burden Upon the Court Given the fact �hat there are two responsible parties, the Ci�y and Fleet, the burden of enforce�ent of an injunction would be -c- minimal. Both at�orneys have been be£ore the Court on numerous similar situations, and have worked well toqether to .coordinate similar cases. CONCLIISION The Dahlberg analysis weighs strongly in favor of Fleet, and injunctive relief should issue allowing Fleet time beyond the end of the redemption period to locate a third_party buyer and/or to brinq the property up to code. Respectively Submitted, Dated: July 18, 1997. SHAPIRO & NORDMEYER �., /�� '� � ./� -��LG'ZGG� i%' � i%!�G� Lawrence P. Zie3ke•- 152559 �' ' -' 7300 Metro Bl,dcl.,� Suite 390 , Edina, MN 55'439-2306 - (612) 831-4060 P_ttorneys for Fle�t -5- STATE OF MINNESOTA COBPITY OF RAMSEY Fleet Mortgage Corp. Plaintiff, vs. The City of Saint Paul, Defendant(s). DI3TRICT COIIRT SECOND JIIDZCZAL T3I3TRICT File No. •-� The above-entitled matter came before the Court pursuant to a motion for a temporary restraining order by Fleet Mortgage Corp. Lawrence P. Zielke appeared on behaif of Plaintiff. Stephen J. Christie appeared on behalf of the City of St. Paul. Based upon the files, records and proceedings herein, IT IS HEREBY ORDERED: The City of St. Paul is restrained from demolishing the building located at 659 Ednond Avenue, St. Paul, MN 55104, until , 1997, at which time Plaintiff wi11 have to make new application to 'the Court for any additional injunction_ Furt�er conditions o� �his Order aze as iollows: Dated: , 1997• BY THE COURT: Judge of Dis�rict Court STATE OF MINNESOTA COUNTY OF RAMSEY Fleet Mortgage Corp., Plainti£f, vs. City of Saint Paul, Defendant. STATE OF MINNESOTA ) )ss. COt3NTY OF IiENNEPI23 ) DISTRICT COU12T SECO2SD JUDICYAL DISTRICT Case type: Injunctive Court File DTo. AFFIDAVIT OF LAWREI3CE P.. ZIELKE 1. That your affiant is the attorney for Fleet Mortgage Corp. 2. That this mortgage misses the eligibility for a reduced redemption period by 10 days. The mortgage is dated December 21, 1989, and Minn. 5tat. §582.032 requires that a mor�gage be dated December 31, 1989, or thereafter to qualify for a reduced redemotion period for abandoned proper�ies. 3. Attached as Exhibit 1 is the Notice of Public Hearings, Sunmary oi Public Hearing and inspec�ion repor� for 659 Edmund Avenue. 4. Representatives for "HUB" have not had an opportunity to review the property, including the inside, to determine if they consider the building to be worth savinq. 5. This loan did not because delinquent until March 1, 1997 (due February 1, 1997) and was referred for foreclosure to Shapiro & Nordmeyer on June 20, 1997. 6. In the course of the foreclosure process, the condemnation was discovered, and Fleet was represented at the City Council meeting when the resolution was adopted, and a request for more time was turned down by the Council. 7. A mortgage lender, pre-sale, has only a limited right of entry pursuant to Minn. Stat. §582.031, and that is to prevent waste, not to rehabilitate pYOperty. 8. "HIID" has direc�ed FHA loan servicers to seek a restraining order under these circumstances to allow "HUD" an opportunity to evaluate and possibly market the property. FURTHER YOUR AFFIANT SAYETH NOT Dated: ,7u1y 18, 1997. SHAPIRO & NORDMEYnR ��`f' , a G�:� � / l � � // ' L'awrence P.,-Zielke :'Attorneys for' Plaintif£ � 7300 Metro Boulevazd Suite 390 Edina, MN 55434-2306 97-14997 SllbSCYl'ilEC� driCl sworn to be�ore ne �`"'�`�"`��"` this 1S�h day of Suly, 1997. �\ -�-..� �t�'==� �. ��%-�•:< C .. " NJ'A..° 'r.k,:`C ...r ..q'A �. ��J/�L7.j . J� 'r�L%ctt - "T :J�na•...lvi �..,,r I._.... .. Notary �PUb1ic .,..,,,.�:;�;_.�.�,.....-, ._.-. , ., _ -2- SUL Cc��o � �nUL rLn�� ._ _,^ -_- �== GrrG .._= �� SaINT PAU6 PUBUC HEALTH ' � Ntal HoRaL MD.. M.PX Dixrtm : CiTY DF SAfi�iT PAUL l :� NfJIS(NCE SL'lLDLYGS COD6 612-298-l153 Norm Caiamcn. MaYoi � -• , F1fFORCEr1fEhT � � ._ . SSS Cedar Svicet . _. .. Sei,u Pw+L 1d1+ SS70l-126� ..�...+r ' ' June 6, 1997 NOTiCE QF PUBLIC T.-IEARINGS Fleet Mort�a�e Group 324 West Evans Street Florence, SC 29>O1 LoarvY 82�4302 To alI Einowzi Responsible andior interested Parties Dear Sir or Niadasn: The Saint Paul City Couacil u�d the Legislative Heasin� �fncer of the City Council have schedcled public heazings to consider a Councii 12eso1ution orde:irg the repair or removal of the buiIdin�(s) located at b�9 Edmund Avenue. in accordance -.;iLh the prov;sions ci tae Saint Pau1 Le�isl�*.ive Ccde Chza:er 4�, z11 o��r!e:s of record and ather inte:�sed ps.�;ies u':th a k:,o'�Z izterest :a ihis btildiag(s) a;e hereby notified of these hea:in_s. At t2:ese hearings testimony 1'•'ill be heard frem �he ?ublic i3eait, Enforce;.zent Ofricer �nd �n� oLhei pz"ties wno ' to b> h:�-d. The Co�rcil wi?: .:eoat = resolution describing �.'. zt ac:ioa, ii :np the Cou:.cil deeras ��gropri�te. �lease be advise the ?Lblic He�-ing b�for� � I:2 L:;�?SI2i1�'Z He�-in? O�i�� : is schednied ;or: Tuesday, JnIy 1, 1997, at 10:00 a.m. in Room 33Q, Cily HaiI, I� ��'est Kellogg Bouleti Saint PauI, ?1�N ��IO2 1 Sl� 7.,.°.�!Sl�?i'J0 i �ii?C°Y V.111 i'i.°,_: iel� �Cl�.�..w ;'_i:Q _Ti��C°_ 2 LeCOTT2:�4�ilOR i0: �.C:iC:? to th� iuIl Cit,� Couzcii: ��ednesday, Jui�� 9, 1997, at �:30 p.m. in ihe City Council Chambers, 3rd Floor Cin� Hall, 15 ��'esf KeIIoQa Boule�ard, Saint Paul, �4�T\ ��102 �� FF�r�/v; %" �r�= =; JUL -�57 �c�j7 �- "nu� r��_.� -_ ��.. �-� --- c .� . .w �r 659 Edmuad Avenue June 6, 1497 Page 2 AII costs incurred by the City, including inspection costs, administrative costs, ritle searches, filing fees and, if necessary, demolition and removal expenses, will be assessed a�aznst the rezl estate as a speciai assessment to bc collccted in the same manner as real estate taxes. If you have any guestions conceming this mar•.er piease call tbe VacantlNuisance Buildings Code Enforcement Section at (b12)298-4153. � " cerely, � � Reneta Weiss Program Supervisor VacantlNuisance Buildin� Unit Saint Paul Public Hea_lth RW :mt 01-93 �UL -��! oc•�r n� rn�_ r��_._ ._-_... '__ _'_ '. - ._- �. SLJM�ZAxcY �'OR PUBLTC HEA1��.NG b�9 Edmund Ayenue I,egislative Hearing - Tuesday, 3uly 1, I997 Ciry Council - Wednesday, JuIy 9, I947 The building is a tcvo-story, wood frame dwellin� wich a detached, oversized, one-vehicle, wood fiame gazage on a lot of 4,9b0 square feet. Accordiug to our files, the dwellin; was condemned in 7anuary 1997 and it has been vacant since February I997. "i'he current property owners are 7ohnnie & Keliey Brown, per Ramsey County Property Records and Revenue. The owners intend ta rehabilitate the dwelling. There s.iave been six (b) SUMMARY ABATE?v1ENT NOTTCES-issued to: rerriove refiise from the yard, cut �rass and weeds and immediately secur� the dweliing. There has been one VEHICLE ABATEME.NT' issued. On April I7, 1997 an irspection of tfie building was conducted, a list of deficiencies which consrimte a nuisance condition was developed and photographs ��ere taken. An ORDER TO ABATE A NliISAi�TCE BLTILDI?�TG �vas issued on April 2-",, 1997 with a compliance date of May 27, 1997. As of this date this properry remains in a condition which comprises a nuisance as defined by thz Iegislative code. The Vacant BuiIdina regis�ration iees �e dee 2nd owin� since �eb�uary 1997. Rea1 Estate taxes zre paid. On Maq b, 2997 a Code Cenplianre Inspectioa was done. (a?*ached} as of luly l, i997 ��e 52,C00.04 Bond has noc been nested with tne Buildina ?nspectie*: Deaarumenc. COC E:u�orce^ienc :nspec.ors estimace LnC COti i0 72pcii u'11S SL�I:CIlli� :S �J5�,0��. �P.0 estimated cest �o De_noL+s:� is Si,3°0. �II Rblic ?�s�!th Rasole�;on sub�:i«zd °GL CGTL1�2T2I:0: O:QOIS �7e p iODO:i� 04%T1EL LO I°a21I' O I.°.IIlOV.°. i_�i'::$ SiI11Cit1Le '�!LilII I11LC.°.II �15� C��jS, 11` P.CT IP..'- I�SO�l-'I:OII �LL Pl:D�7C I1�ZIIY1 ID Qii?i0}ISR =IIQ 255�SS iR? CCJI� i0'u^: CLODZi�t. JUL'2� '_S7( ��=�7 �� r�J� r_c_.� .-c-_ .. � CITY OF SA1NT PAUL �� NO�m Ccl�mart, .Lfayor May 7,1947 Johnnie & Kelly Brown 7fi00 Bristol'Viilage Drive �102 Bloomington, MI�I 55438 � Re: 659 Edmund Dear Property Owner: G�< GGG G(!U �.�_�pl OF:7CEOFLICEi:SE. ECttO\S.�.vD �'VS�20. �ME3.'lJ+L YROTECi'SO:: Rabot Rrrilcr, D�xcm� LOWRY PROFESSION.SL 9UIGDING Suiu 30f7 ' . 33Q St. Percr S+�cer Saint Pesst. Mlrusesora SSl01-1S10 Tdeplra.u: 6lI-16G9090 FaaL+eile: 6I7-266-9099 6(2-166-912s Pursu :nt Yo your request 6�9 Ednund was inspected May 6, 1997 and the following report is submiYed: �JTI.Dit.?G:_ 1. . Insi:re complete rloor in celtaz. NOTE: Cellar full o£ debris and could not be properly inspected. 2. Repair h2tchway opzni*�e. 3. Re�air o: reolace u and ceiliaas as necess2.y ihroughout. S. Replace ali walis, ceitiags, floo:s, ?loor covering, trir_m, etc. �hat are ill-constructe3 znd consL z1I in a�:�orkm2n like rann�r z�d complete. S. �e�iace wzll that has oeen :e �o�'ed 'eetr��een �;rst tioor iront porc:t znd ? iving roo� o; �i_1 must be constr�c:ed .o code. 6. ReDlace deteriorated floor below tile First Floo: bath. 7. Re�lzce or Drovide r.ew floor cov�.;ag ti',:oug7eut as it is aoen, b2nly soiled and ill- :Ii1:R° OT 7C11SS?Il?. 8. Repai.- ha*cnway to cella.-. 9. 1 h eaa.ir cr IZv�2C° 4�:°Ii0i2SCG Ci :r.!ss;n� Tri:::, SoIT_it IdC12� iri�ze ooard ELC. 10. Re�12ce dete:iera+e3 :i.� joist zs zecess�'. 1 l. Replace bro';en or nissin� sicin�. 12. Tuck pei�t `oeadatioa. l3. Tu�k point ch;n,�>v, I4. Reoizce G�2:°IlOL2:_d 11� COri=_��Ci2'� Cz'S 512P 1 �^.ding to b � StNCttf2�ly SOt!i1a, L'IIliOT?, EiC. ? �. Re�+lac� eam2;ed *oo; cove:;�.�. 16. Reo��r ieacing or renoo•e ail. i7. Pre�iee �o�plet2 :; ai; oi g��;� (sicina, rcofco�erin2, doors, t_:ri, etc.). � nJ� . : � .. � � � � . . ..... �. . JUL-2: i�77 0;��c •..•_.., .... May 1, 1997 Pagc 2 . Codc ComplianCe in5pection Report RE: 654 Edmund B TT DTT? J: {coniinued) 18. Provide hand and guard rnils z11 stauways and steps as per artaclunent. I4. Pravide thumb type dead bolu for aIl entry doors. ' 20. Repair or replace any deteriorated or missing window sash, broken glass, sash - holdcrs, cte. as ncccss2ry. 21. Providz storms �.nd screens complete and in good repair for all door as�d window open±ngs. 22. Prepaze and paint interiar and exterior as necessazy (take the necessary precautions if lead base paint is present). 23. Provide general clean-up of premise. 24. Provide smoke detectors 2s per UBC. _ �C.F.CTRICAL: a ement l. Install junper around water meter. 2. Tnstall connectors on ronex at service. 3. Install 1� A�iP bre2kezs on n14 wire. 4, Replace d:naged romex and strap romex to code. Firct Flonr I. Move bed.00� lignt box dov,n flush wZth ceiling. 2. Ground'oaL'�.�oo� tight. 3. Reoair Cs.F.C.I. outlet. Garaoe - (Lockee�l � 1. Remove or te-w�:e aII lic.DTOy�Z wzring. 2. �.°-W7i2 �� LO COC° OLI°:i OV�• -eneraI 1. Install outlets �nd Ii� ;'s eec B_ilerin 80-1. Z. 3. � Ground z?I 3-wirs oudets. Correa re � er_<e eo!uities 2t outlets. Repai* ztl non-�orki�� eleccrical devices. R�place z11 brokea or rnissir.3 elecli-icsl de�•:ces. Tnstall s-cke d�tectors pe: U.E.C. ��}�sar�c� . 1_ First Flccr -?av, kitchen s:r ��z� la•,�r.dry �bs are not vente3 (dcct *.ape on pl2s�:c pipe, etc.). Ir.s:2'I zli riur.+_bir,� and gas pipiag as pe= code. HEATI�i+Ca: � -- -- 1. Cleen, ORS �T te�t �:d c`r:ec�: �ll sai�ty con�rols. 2. Test hea[ exc'r?�2er. 3_ ir.stali cc.:�bus'_oz 2ir. JUL-0c-1S77 20��2 ST PRUL ?L�_i� rcaLTH May 7, 199? Page 3 Codc Compiiance Inspection Report RE: 659 Edmund NF.ATING: (continued) 4. Clean combustibles from azound fumace. 5. Provide heat Second Floor. ZONING: This property was inspccted as being a single family residence_ s_z 2zz z�7a �.a�.a� NoTFS: � . 1. . See attachment for permit requirements. �� 2. This property is designated by the Heath Depaztrnent as a Category �3 which requires a�2,000 Performance Bond or Deposit at the time the pemut is issued. Sincerely, �� Donald F. Wa�ner Bnilding Insgector DFW:aw aitachment �o?r! �.D� COURT OF APPEALS � � , NUMBER CO-97-1383 AGENDA OF THE SAtNT PAUL CITY COUNC►L Wednesday, May 7, 1997 - 3:30 PM PUBL{C HEARINGS AT 4:30 P.M. CiTY COUNCiL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 266-8565 Qffice of the City Councii CONSENT AGENDA NOTE ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL LE NO SEPARATE DISCUSSION OF TNESE ITEMS. IF DISCUSS��N IS DES(RED, THAT ITEM W�LL BE REMOVED FROM THE CONSENT AGENDA AND CONSlDERED SEPARATELY. FOR ACTION 1. Approval of minutes of April 2, 1997. 2. Clanns of Amy Campanaro, Earl McDonald, and State Parm Insurance (for John Steifer). 3. Motion and Motion for Summary Judgment, Exhibits and Order in the matter of Patrick A. Carlone vs. the City of Saint Paul. 4. Sumn�,ons and Complaint in the matter of Lapkwang Tsang and Hau Yin Tsang vs. the Ciry of Saint Paul. 5. Letters from Saint Pau1 Public Health declaring 659 Edmund Avenue and 855 Woodbridge Street as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) G. Administrative Orders: D001220 Authorizing flie Department of Planning and Economic Development to contribute $5,000.00 for consuiting services for the Twin Cities Economic Development Group. D001221 Authorizing the Office of Human Resources to reimburse vendors for costs incurred in conducting employee relations and recognition programs in 1497. D�01222 Implemettting delegation of signature authority on City contracts. �OURT OF APPEALS � NUMBER CO-97-1383 CITY OF SAINT PAUL NUIS,{NCEBUILDINGSCODE - Ncrm Coleman, Mayo� ENFORCEAfEM' S55 Cedar Sueer Saint Pau1, MN55l0/-7160 April 24, 1997 Order to Abate Nuisance Building(s) Fleet Mortgage 11200 W. Pazkland Avenue, Dept., #663 Milwaukee, WI 53224 Dear Sir or Madam; SAINT PAUL PUBLIC HEALTH Neal Hol�art. M.D., M.P.X., Directar 617-Y98-l133 3ohnnie & Kelley Brown 1555 Edmund Avenue St. Paul, MN 55104 The Vacant/Nuisance Buildings Code Enforcement Unit of Saint Paul Public Health hereby declares the premises located at: 659 Edmund Avenue and legaliy described as foIlaws, to wit: Chute Brothers Division No. 3 Addition To The City of St. Paul, Minn. Lot 21 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under authority of Chapter 45.11. On April 17, 1997, a Buiiding Deficiency Inspection Report was compiled and the following conditions were observed. ��: � This list of de�ciencies is not necessarily all the deficiencies gresent at this time. As first remedial action, a Code Compliance Inspection must be obtained from the Building Inspecfion and Design Section, 350 St. Peter Street Suite 300, Lowry Professional Bnilding (6I2)266-9001. That inspection wili identify specific defects, necessary repairs and legal requirements fo correct this nuisance condition. You may also be required to posf a two thousand dollar ($2,000.00) performance bond with the Building Inspecfion and Design Office before any germits are issued, except for a demolition permit. + ('�n��n.a:t �.�n..:T�? r� G: .S .. . � _ . n r, ..•! 4� < � rv 659 Edmund Avenue Apri124, 1997 Page 2 This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. This is a twastory, �vood frame dwelling with a detached oversized, one-vehicle, wood frame garage. Esterior South Side 1. The front window and door are boazded. 2. The eaves and so�t are rotted and deteriorated with cracked and peeled paint. 3. The second floor screens are ripped. 4. There are large gaps in the foundation block and mortar. West Side 5. T'he west side of the dweliing is partiaily painted and unpainted. 6. There are large gaps and holes in ffie eaves and so�t. 7. The exterioz wood surfaces have cracked and peeled paint. S. There are gaps in the concrete foundation blocks. 9. The sidewalk is settied, buckled and cracked. 10. The basement window wells are fiIled with dirt and refuse. 11. The first floor windows are boazded. 12. The exterior walls are bowed. 13. The chunney has gaps between the bricks, the mortar is cracked, cnimbling, and missing in places. COURT OF APPEALS NLIMBER CO-97-1383 659 Edmund Avenue _ Apri124, 1997 Page 3 East Side 14. 15. 16. 17. 18. I9. There are large gaps in the concrete block foundation. The basement window welis are filled with refuse and debris. The basement windows are boarded. The first fIoor windows are boarded. The wood surfaces are rotted and detariarated with cracked and peeled paint. There are large gaps and holes in the eaves and soffit. North Side 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. The plywood cover at the top of the cellar stauway has been removed. The basement door is open and broken. The exterior stairway to the basement is filled with refuse and debris. The rear concrete patio is settled, buckled and cracked. The entryway wood landing is rotted, deteriorated, poorly footed and improperly sugported. The fust floor windows and rear en�y door are boarded. There are gaps in the eaves and soffit. The wood surfaces are rotted and deteriorated with cracked and peeled paint. The rear of the dwelling is partially painted and unpainted. The second floor window uim has cracked and peeled paint Garage �J 30. The service door is iIl-fitting. `� 659 Edmund Avenue Apri124, 1497 Page 4 31. The siding is missing in pIaces and pooriy matched in other places. 32. The exterior waIls ue buckled. 33. The eaves and so�t have cracked and peeled gaint. 34. The roof is rotted, deteriorated, buckled, bowed and warped. 35. The garage door is ill-fitting. 36. The garage is leaning. Note: The wood privacy fence at the edge of the parking area by the garage is rotted and deteriorated with cracked and peeled paint. The concrete slab and foundation is cracked and deteriorated. Interior Basement 37. T'he basement stairway is cluttered. 38. The basement concrete stairs are cracked, settled and broken. 39. The concrete walis in the stairwell are cracked, broken and buckled. 40. The elecuical service to this building appears to be in poor condition and poorly installed. 41. The basement window wells have been broken out. 42. There is a strong sme11 of feces and urine throughout. 43. The plumbing and venting appear to be improperiy installed and do not meet minunum code requirements. 44. There is water on the basement floor from a ceiling leak. Note: The basement is extremely cluttered with refuse, debris, clothing and discarded househoid items. COURT OF AppEALS NUMBER CO-97-1383 659 Edmund Avenue Apri124, 1997 Page 5 Stairway from Basement fo First Floor 45. 46. 47. 48. 49. The stair treads are improper. The rise and run is improper. The handrail is missing. The head room is inadequate. The stairway from the basement to the first floor is cluttered with clothing and household items. Second Floor Bedroom 50. 51. 52. 53. 54. 55. 56. The walIs and ceiling have cracked and peeled paint. The windows are painted shut and window irim is pooriy fitted. The window sash cords are missing and the windows are not intact. The carpeting is soiled and rotted. There is refuse, debris, household items, etc strewn throughout. The closet door is ill-fitting. The cioset is cluttered and filled with househoid items. Common Aallway 57 � The panelling is buckled and bowed. The handrail is improper and does nat meet minimum code requirements. ( 59. The stair treads are loose and worn. a 659 Edmund Avenue April 24, 1997 Page 6 Middle Room 60. The carpeting is soiled and rotted. 61. The linoleum is missing. 62. The walls and ceiling have cracked and peeIed plaster and paint. 63. The windows are not intact. 64. The window is broken. b5. There are household items, refuse, debris and fumiture stored in this room. Kitchen 66. The appliances have been removed. 67. The kitchen cupboards and cabinets have been removed. 68. The walls and ceiling have cracked and peeled paint. 69. The ceramic tiles are loose, missing and/or poorly installed. 70. The ceiling is collapsing. Bathroom 71. 1'he bathroom has a strong odor of feces and urine. 72. The flooring has been removed. 73. The floor is not continuous nor impervious to water. 74. There is feces in the toilet. 75. The bathtub is not properly caulked or sealed. 76. The window is broken and not intaci. 77. The handsink is not properly installed. COURT OF APPEALg NUMBER CO-97-1383 659 Edmund Avenue _ April 24, 1997 Page 7 Note: Tfie water service is off. Living Room 78. There are numerous household items, refuse ancl debris suewn ttuoughout. 79. The carpeting is soiled and matted. 80. The floor is soft and spongy. 81. The window is broken and the sash cord is missing. 82. The window trim and windows are ilI-fitting. 83. The screens are ripped. 84. The ceiling and walls have cncked and peeled paint and plaster. 85. The wood trim and baseboard etc., have cracked and peeled paint. 86. The walls and ceiling are soiled. 87. The floor is soiled. 88. The closet is fuli of household items, refuse and debris. Common Landing Bottom of Front Sfairwell 89. The floor is soft and spongy. 9Q. The linoleum is ripped and tom. Firsf Fioor Living Room 91. The Iiving room floor is uneven and settled. � u 92. The carpeting is matted, soiled and rotted. � 654 Edmund Avenue April 24, 1997 Page 8 93. There is furniture, household items and toys strewn about the floor. 94. The walls have cracked paint and plaster. 95. The window trim is poorly installed. 96. Part of the ceiling shows evidence of water damage. 97. Part of the tile ceiling is collapsing. 98. The carpeting is soiled, matted and rotted. Bathroom 99. The toilet is full of feces. 100. The bathroom has a malodorous smell. 101. The ceiling is water damaged. 102. The ceiling tiles and grid work are damaged. 103. The floor is not continuous nor impervions to water. 104. Some of the linoleum is missing. 105. T?�e walis are buckled. 106. The watls have cracked and peeled paint. 107. The hathtub is not properly caulked or sealed. 108. There is no GFCI oudet in the bathroom. Bedroom 109. There are Iarge amounts of household items, debris and refuse strewn about. I10. The carpeting is soiled, matted and rotted. 111. The waIls have cracked and peeled paint. �OURT OF APPEALS �`f vUMBER CO-97-1383 � 659 Edmund Avenue April 24, 1997 Page 9 112. The ceiling tiles are broken and missing. 113. The ceiling grid work is bent. 124. The walls aze buckled and warped. Kitchen I15. There are numerous items of food, debris, refuse and household items, etc. strewn Yhroughout. 116. The kitchen is partially painted and unpainted. 117. The ceramic tiles are missing from the walls. 118. The ceiling has cracked and peeled paint and plaster. 119. The wallpaper has peeled away from the wails. I20. The counter tops and appliances aze soiled. 121. The floor is not continuous nor impervious to water. 122. The linoleum is ripped and missing in ptaces. 123. The floor is sofr and spongy. Note: There is evidence of a rodent infestation throughout. As owner, agent or responsibie party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by May 27, 1497 Saint Paul Public Health wili begin a substantial abatement process to demolish and remove the building(s). The costs of this action, inclLding administrative cosu and demolition costs wilI be assessed against the properry taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from tY:� Building Inspection and Design Section, 350 St. Peter Street Suite 300, Lowry Professional Buiiding (612)266-9001. This inspection wi11 identify specific defects, necessary repairs and legai requirements to conect this nuisance condition. , 659 Edmund Avenue Apri124, 1997 Page 10 As an owner or responsible party, you are required by law to provide fu11 and complete disclosure of tfus "Order to Ahate" to all interested parties, all present or subsequent renters and any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or responsibility for this progerty, you must within seven (7) days, notify the Enforcement O�cer with the names and addresses of any new owners or responsible parties. T'he Enforcement O�cer is required by law to post a placard on ttus property which declares it to be a"nuisance condition", subject to demolition and removal by the City. This placard shail not be zemoved without the written authority of Public I-Iealth. Public F�eaith is further required to file a copy of this "Order to Abate" with the Ciry Clerk's O�ce. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the City Council at which time testimony wiil be heard from interested parties. After this hearing the City Council will adopt a resolution stating what aciion if any, it deems appropriate. � If the resolution calis for abatement acdon the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul I,egislative Code and provide that if corrective acdon is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including adminisuative costs will be assessed against the property as a special assessment in accordance with law. If you have any questions or request additional information please contact H. Robinson between the hours of 8:00 and 9:30 a.m. at (612) 298-4153. erely, ' `�„��1 � Q 1 • V � Re ta Weiss Program Supervisor Vacant/Nuisance Buildings Unit Saint Paul Public Health '� , cc: Nancy Anderson - Council Research Dan Pahl - PfiD Housing �I� � � (�:i� � � . �c+:�C� COURT OF AFPEALS :CO-97-1 .• �• � �. 6-6-97 Memo from Saint Paul Public Health Code Enforcement regarding Notice of Public Hearing. 1. 7-9-97 Resolution and Green Sheet ordering 4 (date demolition and removal of the structure adopted by within 15 days of the adoption of the Council) resolution 2. 3. 4. 5. 6. 7. NA 5-7-97 INDEX OF COUNCIL FILE (C.F.) 97-880 .p�c •- F Summary of the Public Hearing held before the 1 Legislative Aearing Officer and the City Council Code Compliance Inspection Report 7-1-97 Minutes of the Legislative Hearing held on July 1, 1997 7-18-97 Copies of Summons, Complaint with Exhibits; Memorandum of Law; Proposed Order; Filing Fee; Notice of Motion and Motion; and Affidavit of Lawrence P. Zielke received from Shapiro & Nordmeyer, L.L.P. 5-7-97 Council Meeting Agenda showing original Abatement Order 3 5 27 6 '�-� Zva�. �ecrc.�= , � ��'s� �Vc'� �vSU, G�C�-�= �� t�r i5 w. t�j(d�. � .`��,�, � �; 5 5 r O� _� � � �'� 1 2 3 4 5 6 � S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 oRIGlNAL � ��-��o l STATE OF MINNESOTA IN COURT OF APPEALS File Nos. C9-97-1382 CO-97-1383 Fleet Mortgage Corp., Appellant (C9-97-1382), Relator (CO-97-1383), vs. City of St. Paul, Respondent. F��C �jVc��" APR 2 3 1998 U��`/ �LERK Transcript excerpt of St. Paul City Counail Meeting, July 7, 1997. * * * * William D. DeVahl, RPR 8830 Acadia Road Woodbury, MN 55125 735-7848 2 � � � 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Council Members Present: Council Chair Jerry Blakey Councilmember Dan Bostrom Councilmember Joe Collins Councilmember Mike Sarris Councilmember Roberta Megard Councilmember Gladys Morton * * * * TAE SECRETARY: Item 58, Resolution 97-880, ordering the owner to remove or repair the building at b59 Edmund Avenue within 15 days from adoption of resolution. Legislative Hearing Officer recommends approval and amending the date for repair or removal to Sanuary 1, 1998 if the vacant building fee is paid and a$2,000 bond is posted by noon today. MR. BLAKEY: This is a public hearing. Is there anyone opposed to these recommendations? MS. ASMUSSEN: Yes. STAFF: Councilmember Blakey, we are advised that the bond has not been posted as requested. MR. BLAKEY: Okay. MS. ASMUSSEN: I'm Beth Asmussen, I'm 3 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the attorney for Fleet Mortgage Corp, and we are requesting again that the demolition be delayed on this property. My client is currently in the process of foreclosing the mortgage; they don't yet own the property. The sheriff's sale is scheduled for August 27. It is subject to a six-month redemption period. It is torrens property. It takes two months after that redemption period expires before they can actually convey the property. It's an FHA-insured mortgage; the property is going to go back to HUD. My olient can and will secure the property; winterize it; cut the grass; remove the snow. We paid the vacant registration buildinq fee this afternoon. We are requestinq that demolition be delayed until the foreclosure is completed and a certificate of title is issued in the name of the lender. MR. BLAKEY: I understand that the bond has not been posted? MS. ASMUSSEN: No. MR. BLAREY: Why is that? MS. ASMU5SEN: It's Eleet Mortgage Corp, and HUD will not pay to go in and post the bond and make the necessary repairs under the mortgage. They 0 � � i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are not the owner yet. My understanding was that the owner was going to do that and did not do that. MR. BLAKEX: Well, Ms. Weis, is this a pretty bad building? MS. WEIS: I have photos with me I can give you. MR. BLAKEY: Ma'am, are you saying that there is a buyer for this? MS. ASMUSSEN: No, I'm not. MR. BLAKEY: Are you just trying to take it back to HUD? MS. ASMUSSEN: In fact, we are in the process of foreclosing the mortgage. I don't know what arrangements the owner has for the property. MS. WEI5: Councilmember Blakey, I also have a copy of the code compliance report that we received in our office, if you want to review that, too. MR. BZAKEY: Yeah, I would like to take a quick look at that, if I may. STAFF: Councilmember Blakey, it's probably a fair statement that this building is in a serious state of disrepair. MR. BLAKEY: Right, yes. As I'm looking �� ` J � i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a2 23 24 25 at some of the issues here, there are pretty serious complications, so I guess I'm qoing to move -- Thank you. MR. BOSTROM: I will move the recommendation of the hearing officer. MR. BLAREY: It has been moved to take the recommendations of the hearing officer. Is there any discussion at all? STAF'F: If I could be clear, the recommendation is 15 days? MR. BLAKEY: Riqht. MR. BOSTROM: Right, other than the hearing officer recommends no repairs? MR. BLAKEY: Bond was not posted. STAFF: There was no bond posted. MR. BOSTROM: Good enough, 15 days. MR. BLAKEY: Roll call. THE SECRETARY: Bostrom; Collins; Harris; Megard; Morton; Chair Blakey: Six in favor; none opposed. ***� C:7 � � � 1 2 3 4 5 6 7 8 9 10 �� 12 13 14 is 16 17 18 19 2� 21 22 23 24 25 CERTIFICATE I, William D. DeVahl Certified Court Reporter in and for the State of Minnesota, County o£ Washington, hereby certify that the foregoing five pages are a true and complete record of the proceedings held herein, as transcribed from a video cassette, to the best of my knowledge, skill and ability. l�� ,� � �. J� o William D. DeVah1, RPR 8830 Acadia Road Woodbury, MN 55125 612-735-7848 Dated: q • "1 . � �