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97-9213y Presented By Referred To CITY OF SAINT PA17�L, a WHEREAS, Public Healffi has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood frame dwelling with a detached, one-vehicle, wood frame garage located on properry here9nafter referred to as the "Subject Properry" and commonly known as 369 Fuller Avenue. This property is legally described as follows, to wit: Lot 10, Block 6, Elfelt, Bernheimer & Arnolds Addition to St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on ar before May 22, 1997, the following are the now known interested or responsible parties for the Subject Properry: Nationsbanc Mortgage Co., P.O. Box 35140, I:ouisville, KY 40232-5140 I.oan# 8737538, Attn: Sally McQuilkin; Michael R. Dahl, c/o Jessie Smith, 1708 New York Avenue, Arlington, TX 76010-4741; H.U.D. Property Disposition, 220 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21st Avenue South, Richf'ieid, MN 55423, Atm: Gene 7ohnson WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 15, 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) pursuant to Chapter 45; and WHEIZEAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by June 14, 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 conected and Public Health requested that the Ciry Clerk schedule public hearings before the I.egislative Hearing Officer of the City Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accardance with the provisions of Chapter 45 of the Saint Paul L,egislative Code, of the time, date, place and purpose of the public hearings; and Council File # '1� K 4 a ;�.. ( g �, g; 5�� � Green Sheet # \� �} ; ` r �, � � `� �� y � RESOLUTION °t7 - °l �,� WHEREAS, a hearing was held before the I,egislative Hearing Officer of the Saint Paul City Council on Tuesday, July 15, 1997 to hear testimony and evidence, and after receiving testunony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrunental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitauon or demolition of the structure to be completed within fifteen (15) days after the date of the Council Aeazing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 7uly 23, 1997 and the testimony and evidence including the action taken by the I.egislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 369 Fuller Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Qrder to Abate Nuisance Building(s) was sent to the then lrnown 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 cortected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely morutored by the VacantlNuisance Buildings Code Enforcement Program. S. 'I'hat Yhe laiown interested parties and owners are as previously stated in this resolution and that the notificatian requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul Ciry Council herebp makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, Qr 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. d�-qZl 1 2. If the above corrective action is not completed within this period of time the Public Health, 2 Code Enforcement Program is hereby authorized to take whatever steps are necessary to 3 demolish and remove this structure, fill the site and charge the costs incurted against the 4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Pau1 Legislative Code. 6 7 8 9 10 11 12 13 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 properry 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. 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 I.egislative Code. � Requested by Department of: ` s � — - "�� — By: Approved by Mayor Date _ �}'^� By: �l FoYm Approved by Cit Attorney sy: Approved by Mayor for Submission to Counci� BY. C Adopted by Council: Date �. � �� Adoption Certified by Council retary a� -9�i DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N 19120 Public Health 06-20-97 GREEN SHEET CONTACT PERSOtd & PHONE INITIAUDATE INRIAUDATE Charles VOtE]. 298-4153 /! � DEPARTMENTDIRECTOR CIiVCOUNCIL (�\/ ASSIGN CINATTORNEV CINCLERK NUMBERFOR MUST BE ON CqUNCILAGENDA BY (DATE) RQ ��� � BUD6ET DIRECTOR O FIN. & MGT. SERVICES Dlp. 3uly 23, 1997 OROEF p�pYOR(ORASS15TANn � TOTAL # OF SIGNATURE PAGES (CL{P ALL LOCATIONS FOR SIGNATURE) ACTION FEQUESTED: City Covncil to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Pvblic Health is ordered to remove the building. The subject property is located at 369 Fuller Avenue. RECOMMENDA710NS: Approve (A) or Re�ect (p) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLANNMCa COMMISSION __ CIVIL SERVICE COMMISSION 1. Has this personlfirm ever worked under a coMract for thi5 tlepartment? _ qB COMMf1TEE _ �`ES NO _ STAFE 2. Has this person��m ever baen a c�iy employee? • — YES NO _ o15TRIC7 CoURT _ 3. Does this person/firm possess a skill not normally possessetl by any current city employee? SUPPORTS WNICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INIT i is ui � in ° s RT 1 � Wh R�ll W } a SdT10E A (s) as defined in Cha ter 45 and a vaoant buildin � � "�.c� § � g � � 5 P 5 as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 369 Fuller Avenue by June 14, 1997, and have failed to oomply with those orders. ��vL� V GD ADVANTAGESIFAPPROVED: _,� ' The City will eliminate a nuisance. �� R�C��V�� �� . �U�i � �3 ;��� �lUN ,z5 �997 � �� ��� � _ ��- DISADVANTAGES IF APPRaVEO: � The City will spend funds to wreck and this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. oisao�qp.r}���pirt,r�pP�qy�iti will remain unabated in the City, This building(s) will continue to blight the community. $6,000 - $7,000 iOTAL AMOUNT QF TRANSACTION $ COSTlREVENUE BUDGETEO (CIRCLE ONE) YES NO Nuisance Aousing Abatement 33261 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) SAINT PAUL PUBLIC HEALTH Nea! HoJmx, MD.. M.P.N., D'uector -\ `���, CITY O� SA�IUT PALIL NUISANCE BUILDINGS CODE Norm Colemart, Mayor ENFORCEMENT 555 Cedar Sveet Saint Pau[, MN SS101-226Q i 3une 20, 1997 ' NOTICE OF PUBLIC HEA.RINGS Council President and Members of the City Councii 612-298-4153 Saint Pau1 Public Health, VacantJNuisance Buildings Enforcement Unit has requested the City Council schedule public heazings to consider a resolution ordering the repair or removal of the nuisance building(s} located at: 369 Fuller Avenue The City Council has scheduled the date of these hearings as foilows: Legislative Hearing - Tuesday, July 15, 1997 City Council Aearing - Wednesday, July 23, 1997 The owners and responsible parties of record are: Name and Last Known Address Nationsbanc Mortgage Co. _ P.O. Box 35140 Louisviile, KY 40232-5140 Loan# 8737538 Attn: Saily McQuilkin � Michael R. Dahl clo 7essie Smifh 1708 New York Avenue Ariington, TX 76010-4741 Interest �t�ddllL`� ���g �3��i' Foreclosing Mortgagee Fee Owner H.U.D. Property Disposition 220 Second Street South Minneapolis, MN 55401 JUN 2 � 19g7 Receiver in Foreclosure q����i 369 Fuller Avenue June 20, 1997 Page 2 Name and Last Knovm Address Interest Pham Express, Inc. � Agent for HUD 6531 21st Avenue South Ric�eld, MN 55423 Attn: Gene Johnson The legal description of this property is: Lot 10, Block 6, Elfelt, Bernheimer & Amolds Addition to St. Paul. Saint Paut Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this buiiding(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as tazes. cerely, . �-"� Reneta Weiss Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mi cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Marshall Dan Pahl, PED-Housing Division �- �=r_ REPORT Date: 3uly 15, 1997 Time: 10:00 a.m. a���al Piace: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: J9707A - Properry clean-up, snow removal or sanding walks from February to April 1997. J9706C - Demolition of vacant buildings for February 1997. J97061B - Boardings-up of vacant buildings for February 1997. 3970bB - Boardings-up of vacant buildings for Januazy 1997. Legislative Aearing Officer recommended approval of the assessments with the fotlowing esception: 1173 Sherburne, assessment deleted per Pubtic Health due to inadequate notitication. 2. Vehicle abatement appeal for 960 Duchess Street; Mary Moore, appeliant. Legisfative Hearing Officer recommended denial of the appeal, but giving the owner until July 25 to take care of the problem. 3. Summary abatement appeal for 96 Robie Street West; Marlin Schienbein, appellant. Legislarive Hearing Officer recommended denial of the appeal. 4. Vehicle abatement appeal for 778 Charles Avenue; Joyce Ford, appellant. Legislative Hearing Officer recommended denial of t6e appeal. 5. Resolurion ordering the owner to remove or repair the building located at 702 Lawson Avenue East• If the owner fails to compiy with the resolufion, Public Health is ordered to remove the building. Legislative Hearing O�cer recommended approval of the Pubiic Health order. 6. Resolution ordering the owner tA remove or repair the building located at 1528 Grand Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. 9�-9�1 Legislative Hearing Officer recommended the owaer by given nntil3anuary 15,1998 to rehabilitate the property if the fotlowing conditions are met by noon of July 23: code compliance be done, $2000 bond posted, and vacant building fee Qaid. Resolurion ordering the owner to remove ar repair the building located at 369 Fuller Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval of the Public Health order. 8. Resolufion ordering the owner to remove or repair the building located at 421 Wabasha Street uth. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Officer recommended the owner be given until August 12 to complete transfer to a new owner. ��_q�.\ MINUTES OF LEGISLATIVE T3EARING Iuly I5, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Off'icer STAFF PRESENT: Chuck Votel, Guy Willits, Pubiic Health; Roxanna Flink, Real Estate. Gerry Strathman, Legisiative Hearing Officer, called the meering to order at 10:00 a.m. 778 Charles Avenue Lee Pezrin and Joyce Ford appeared. Mr. Perrin stated he was informed there was garbage in his yazd, but that is not the case. He felt he was being picked on. Mr. Perrin also did not think it was fair that his van might be taken. Guy Willits reported this was part of a sweep in the area. There were general orders to cut the grass and remove the garbage not in containers. When Mr. Wiilits went to the address, the grass was cut and the gazbage was picked up. The only item left was the unlicensed vehicle. Gerry Strathman asked was the vehicle operable and licensed. Lee Penin stated it needs to be fixed and it is not licensed. Mr. Strathman informed Mr. Perrin that under City ordinance, a vehicle cannot be parked in the public unless it is licensed and operabte. Mr. Strathman explained the vehicle will have to be put in the garage or licensed and operable in 8 to 10 days. Otherwise, it will be towed. Gerry Strathman recommended denial of the appeal. 2. 96 Robie Street West No one appeazed. Guy Willits reported this property is now in bank ownership. Gerry Strathman recommended denial of the appeai. 3. 960 Duchess Street Guy Willits reported the vehicle is not licensed and there were tall weeds in the yard. Mary Moore, appellant, appeared and stated the bushes were cut down. One car is gone and the other will be gone next week. The screens have been replaced and the grass has been cut, Legislative Hearing Officer recommended denial of the appeal, but giving the owner until July 25 to take caze of the problem. �`� _� �'\ MINUTES OF LEGISLATIVE HEARING 7u1y 15, 1997 Page 2 4. Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: � 39707A - Properiy clean-up, snow removal or sanding walks from Februaiy to April 1997. J9706C - Demolition oPvacant buildings for February 1997. J97061B - Boazdings-up of vacant buildings for February 1997. J9706B - Boazdings-up of vacant buildings for January 1997. 93 Atwater Street Guy Willits reported that the orders were mailed and a form letter was sent. The address has been checked rivice. A tape of the property was viewed. George Pfoser, owner, appeared and stated he is selling the house contract for deed. The purchaser left other people in the house that did not take care of the properiy. The job by the City was not complete: there was still two inches of ice on the sidewalk. Mr. Pfoser is here in protest of the bill. Gerry Strathman stated the City had to do the job and is recovering the wst. Crerry Strathman recommend approval of the assessment, 494 Lafond Avenue No one appeared. Gerry Stxathman recommended approval of the assessment. 1328 Maryland Avenue East Chuck Votel stated the City demolished the building. Tbe total assessment--actual cost paid to the contractor who did the demolition--is $9,527.74. $438.86 of that are the service charges which include the processing service, five inspections, the cost of the certified resolution, the cost of mailing the documents, etc. Guy Willits gave Gerry Strathman a breakdown of the costs for demolition. Chuck Crotty appeared and stated he bought this properiy from HUD. Mr. Croriy tried to find out how much demolition would cost and he got estimates from two different places. Buildina Permits gave him an estimated of $3,000. Mr. Crotty does not understand why it is higher. Gerry Strathman stated he does not understand why the owner had difficulty finding what the cost is, however, the City of Saint Paul paid the contractor and the City always goes to the property owner for the recovered costs. ��-��� MINUTES OF LEGISLATNE HBARING July 15, 1947 Page 3 Gerry Strathman recommended approval of the assessment. 32 Mounds Boulevard No one appeazed; Gerry Strathman recommended approval of the assessment. 1774 Norfolk Avenue Guy Wiilits reported that orders were mailed £our times to remove junk, old wood, the dilapidated garage, etc. The Pazks and Recreation Department removed the items at a cost of $3,452. A tape of the propetty was viewed. Colleen Moore, owner, appeared and stated she had a problem with the amount. The workers were not there atl day. There were six of them at first and then four. Materials were taken for her new gazage. Ms. Moore stated she couid not lift some things to take to the scrap yard and she got sick during the winter. On the tape it was said the workers were not going inside the trailer, but they did. The workers took ail her t-posts for the fencing; they are $2 a post. She felt enough was literally stolen to pay for the bill. Guy Willits went through the detailed bill item by item. Gerry Strathman informed Mary Moore she was properly notified and the work was done. If things were taken that should not have been, a claim against the City should be filed at the Ciry Attorneys office. If the Ms. Moore feels the charges aze unreasonabie, she can come before the Councii on Wednesday, July 23. Mr. Strathman asked Ms. Moore wouid she like to pay the assessment over ten years. Ms. Moore responded no because of the interest. Gerry Strathman recommended approval of the assessment. 1173 Sherburne Avenue Chuck Votel stated he �vould like this address deleted because of improper notification. Gerry Strathman recommended deleting the assessment. 934 Tuscorora Avenue No one appeared; Gerry Strathman recommended approval of the assessment. ��_��.\ MINUTES OF LEGISLATIVE HEARING July 15, 1997 Page 4 481 Warwick Street South Guy Wiilits reported orders were mailed to remove refrigerator, couch, carpet, microwave, cushions, wood, metal, tires, and refuse from caz port. It was rechecked and the items were still not removed. It was removed by the City on March 27, 1997 for $523. Roy and Beverly Roth, owners, appeared. Ms. Roth stated she tald the tenant to get the items out. When the items were gone, Ms. Roth thanked the tenant because she thought the tenant had hauled away the items. A tape of the property was viewed. Roy Roth stated the price was too high for the work done. Beverly Roth stated she was told she could leave the refrigerator there with the door off. Gerry Strathman informed the Roths a claim can be filed with the City Attorney's Office. Gerry Sirathman recommended approval of the assessment. Vacant Lot at Asbury and Sherburne No one appeared; Gerry Strathman recommended approval of the assessment. 5. Resolution ordering the owner to remove or repair the building ►ocated at 742 Lawson Avenue East. If the owner fails to comply with the resolution, Public Health is ordered fo remove the building. Chuck Volel reported that the owners do not care if it is demolished. Gerry Strathman recommended approval of the Public Heaith order. 6. Resolution ordering the owner to remove or repair the building located at 1528 Grand Avenue. If the owner fails to comply with the resolutfon, Pub(ic Health is ordered to remove the building. Chuck Votel reported the building was condemned in July of 1996, the buiiding fees aze unpaid, and the real estate tazces are paid. Patrick Sullivan, owner, stated the property will be repaired and rented by 5eptember i. Gerry Strathman informed the owner he has to get a code compliance inspection done, pull the permits, post a$2,OQ0 bond, and pay the vacant building fee. Allen Christy appeared on behalf of TCF Mortgage Corporation. �� -�a1 MINUTES OF LEGISLATIVE HEARII3G 7uly 15, 1997 Page 5 Gerry Strathman recommended the owner by given until7anuary 15, 1998 to rehabilitate the properiy if the following conditions aze met by noon of July 23: code compliance done, $2000 bond posted, and vacant building fee paid. 7. Resolution ordering the owner to remove or repair the building located at 369 Fuller Avenue. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. No one appeared. Chuck Vote] reported this building has been conveyed to Housing and Urban Development (HUI�). HUD will mazket the property. Gerry Strathman recommended approval of the Public Health order. 8. Resolution ordering the owner to remove or repair the building located at 421 Wabasha Street South. If fhe o�vner faits to comply with the resolution, Public Health is ordered to remove the building. Marceila Hartman, deceased fee owner's daughter, and Clifford Nimis, family interest, appeared. Ms. Nim3s stated the court has made him the administrator of Che estate and the building is for sale. The real estate agent has good prospects and has someone that wili clean it up. Chuck Votei reported the building was condemned in July of 1996, there are four summary abatements on the property, and a failure to pay vacant building fees. Gerry Strathman stated he had a phone conversatian this morning with a prospective buyer who said he had made an offer. Chuck Vote1 stated he was concerned with the maintenance of the properiy. Gerry Strathman recommended the owner be given until August 12 to complete transfer to a new owner. 3y Presented By Referred To CITY OF SAINT PA17�L, a WHEREAS, Public Healffi has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood frame dwelling with a detached, one-vehicle, wood frame garage located on properry here9nafter referred to as the "Subject Properry" and commonly known as 369 Fuller Avenue. This property is legally described as follows, to wit: Lot 10, Block 6, Elfelt, Bernheimer & Arnolds Addition to St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on ar before May 22, 1997, the following are the now known interested or responsible parties for the Subject Properry: Nationsbanc Mortgage Co., P.O. Box 35140, I:ouisville, KY 40232-5140 I.oan# 8737538, Attn: Sally McQuilkin; Michael R. Dahl, c/o Jessie Smith, 1708 New York Avenue, Arlington, TX 76010-4741; H.U.D. Property Disposition, 220 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21st Avenue South, Richf'ieid, MN 55423, Atm: Gene 7ohnson WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 15, 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) pursuant to Chapter 45; and WHEIZEAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by June 14, 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 conected and Public Health requested that the Ciry Clerk schedule public hearings before the I.egislative Hearing Officer of the City Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accardance with the provisions of Chapter 45 of the Saint Paul L,egislative Code, of the time, date, place and purpose of the public hearings; and Council File # '1� K 4 a ;�.. ( g �, g; 5�� � Green Sheet # \� �} ; ` r �, � � `� �� y � RESOLUTION °t7 - °l �,� WHEREAS, a hearing was held before the I,egislative Hearing Officer of the Saint Paul City Council on Tuesday, July 15, 1997 to hear testimony and evidence, and after receiving testunony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrunental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitauon or demolition of the structure to be completed within fifteen (15) days after the date of the Council Aeazing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 7uly 23, 1997 and the testimony and evidence including the action taken by the I.egislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 369 Fuller Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Qrder to Abate Nuisance Building(s) was sent to the then lrnown 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 cortected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely morutored by the VacantlNuisance Buildings Code Enforcement Program. S. 'I'hat Yhe laiown interested parties and owners are as previously stated in this resolution and that the notificatian requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul Ciry Council herebp makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, Qr 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. d�-qZl 1 2. If the above corrective action is not completed within this period of time the Public Health, 2 Code Enforcement Program is hereby authorized to take whatever steps are necessary to 3 demolish and remove this structure, fill the site and charge the costs incurted against the 4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Pau1 Legislative Code. 6 7 8 9 10 11 12 13 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 properry 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. 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 I.egislative Code. � Requested by Department of: ` s � — - "�� — By: Approved by Mayor Date _ �}'^� By: �l FoYm Approved by Cit Attorney sy: Approved by Mayor for Submission to Counci� BY. C Adopted by Council: Date �. � �� Adoption Certified by Council retary a� -9�i DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N 19120 Public Health 06-20-97 GREEN SHEET CONTACT PERSOtd & PHONE INITIAUDATE INRIAUDATE Charles VOtE]. 298-4153 /! � DEPARTMENTDIRECTOR CIiVCOUNCIL (�\/ ASSIGN CINATTORNEV CINCLERK NUMBERFOR MUST BE ON CqUNCILAGENDA BY (DATE) RQ ��� � BUD6ET DIRECTOR O FIN. & MGT. SERVICES Dlp. 3uly 23, 1997 OROEF p�pYOR(ORASS15TANn � TOTAL # OF SIGNATURE PAGES (CL{P ALL LOCATIONS FOR SIGNATURE) ACTION FEQUESTED: City Covncil to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Pvblic Health is ordered to remove the building. The subject property is located at 369 Fuller Avenue. RECOMMENDA710NS: Approve (A) or Re�ect (p) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLANNMCa COMMISSION __ CIVIL SERVICE COMMISSION 1. Has this personlfirm ever worked under a coMract for thi5 tlepartment? _ qB COMMf1TEE _ �`ES NO _ STAFE 2. Has this person��m ever baen a c�iy employee? • — YES NO _ o15TRIC7 CoURT _ 3. Does this person/firm possess a skill not normally possessetl by any current city employee? SUPPORTS WNICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INIT i is ui � in ° s RT 1 � Wh R�ll W } a SdT10E A (s) as defined in Cha ter 45 and a vaoant buildin � � "�.c� § � g � � 5 P 5 as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 369 Fuller Avenue by June 14, 1997, and have failed to oomply with those orders. ��vL� V GD ADVANTAGESIFAPPROVED: _,� ' The City will eliminate a nuisance. �� R�C��V�� �� . �U�i � �3 ;��� �lUN ,z5 �997 � �� ��� � _ ��- DISADVANTAGES IF APPRaVEO: � The City will spend funds to wreck and this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. oisao�qp.r}���pirt,r�pP�qy�iti will remain unabated in the City, This building(s) will continue to blight the community. $6,000 - $7,000 iOTAL AMOUNT QF TRANSACTION $ COSTlREVENUE BUDGETEO (CIRCLE ONE) YES NO Nuisance Aousing Abatement 33261 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) SAINT PAUL PUBLIC HEALTH Nea! HoJmx, MD.. M.P.N., D'uector -\ `���, CITY O� SA�IUT PALIL NUISANCE BUILDINGS CODE Norm Colemart, Mayor ENFORCEMENT 555 Cedar Sveet Saint Pau[, MN SS101-226Q i 3une 20, 1997 ' NOTICE OF PUBLIC HEA.RINGS Council President and Members of the City Councii 612-298-4153 Saint Pau1 Public Health, VacantJNuisance Buildings Enforcement Unit has requested the City Council schedule public heazings to consider a resolution ordering the repair or removal of the nuisance building(s} located at: 369 Fuller Avenue The City Council has scheduled the date of these hearings as foilows: Legislative Hearing - Tuesday, July 15, 1997 City Council Aearing - Wednesday, July 23, 1997 The owners and responsible parties of record are: Name and Last Known Address Nationsbanc Mortgage Co. _ P.O. Box 35140 Louisviile, KY 40232-5140 Loan# 8737538 Attn: Saily McQuilkin � Michael R. Dahl clo 7essie Smifh 1708 New York Avenue Ariington, TX 76010-4741 Interest �t�ddllL`� ���g �3��i' Foreclosing Mortgagee Fee Owner H.U.D. Property Disposition 220 Second Street South Minneapolis, MN 55401 JUN 2 � 19g7 Receiver in Foreclosure q����i 369 Fuller Avenue June 20, 1997 Page 2 Name and Last Knovm Address Interest Pham Express, Inc. � Agent for HUD 6531 21st Avenue South Ric�eld, MN 55423 Attn: Gene Johnson The legal description of this property is: Lot 10, Block 6, Elfelt, Bernheimer & Amolds Addition to St. Paul. Saint Paut Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this buiiding(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as tazes. cerely, . �-"� Reneta Weiss Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mi cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Marshall Dan Pahl, PED-Housing Division �- �=r_ REPORT Date: 3uly 15, 1997 Time: 10:00 a.m. a���al Piace: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: J9707A - Properry clean-up, snow removal or sanding walks from February to April 1997. J9706C - Demolition of vacant buildings for February 1997. J97061B - Boardings-up of vacant buildings for February 1997. 3970bB - Boardings-up of vacant buildings for Januazy 1997. Legislative Aearing Officer recommended approval of the assessments with the fotlowing esception: 1173 Sherburne, assessment deleted per Pubtic Health due to inadequate notitication. 2. Vehicle abatement appeal for 960 Duchess Street; Mary Moore, appeliant. Legisfative Hearing Officer recommended denial of the appeal, but giving the owner until July 25 to take care of the problem. 3. Summary abatement appeal for 96 Robie Street West; Marlin Schienbein, appellant. Legislarive Hearing Officer recommended denial of the appeal. 4. Vehicle abatement appeal for 778 Charles Avenue; Joyce Ford, appellant. Legislative Hearing Officer recommended denial of t6e appeal. 5. Resolurion ordering the owner to remove or repair the building located at 702 Lawson Avenue East• If the owner fails to compiy with the resolufion, Public Health is ordered to remove the building. Legislative Hearing O�cer recommended approval of the Pubiic Health order. 6. Resolution ordering the owner tA remove or repair the building located at 1528 Grand Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. 9�-9�1 Legislative Hearing Officer recommended the owaer by given nntil3anuary 15,1998 to rehabilitate the property if the fotlowing conditions are met by noon of July 23: code compliance be done, $2000 bond posted, and vacant building fee Qaid. Resolurion ordering the owner to remove ar repair the building located at 369 Fuller Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval of the Public Health order. 8. Resolufion ordering the owner to remove or repair the building located at 421 Wabasha Street uth. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Officer recommended the owner be given until August 12 to complete transfer to a new owner. ��_q�.\ MINUTES OF LEGISLATIVE T3EARING Iuly I5, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Off'icer STAFF PRESENT: Chuck Votel, Guy Willits, Pubiic Health; Roxanna Flink, Real Estate. Gerry Strathman, Legisiative Hearing Officer, called the meering to order at 10:00 a.m. 778 Charles Avenue Lee Pezrin and Joyce Ford appeared. Mr. Perrin stated he was informed there was garbage in his yazd, but that is not the case. He felt he was being picked on. Mr. Perrin also did not think it was fair that his van might be taken. Guy Willits reported this was part of a sweep in the area. There were general orders to cut the grass and remove the garbage not in containers. When Mr. Wiilits went to the address, the grass was cut and the gazbage was picked up. The only item left was the unlicensed vehicle. Gerry Strathman asked was the vehicle operable and licensed. Lee Penin stated it needs to be fixed and it is not licensed. Mr. Strathman informed Mr. Perrin that under City ordinance, a vehicle cannot be parked in the public unless it is licensed and operabte. Mr. Strathman explained the vehicle will have to be put in the garage or licensed and operable in 8 to 10 days. Otherwise, it will be towed. Gerry Strathman recommended denial of the appeal. 2. 96 Robie Street West No one appeazed. Guy Willits reported this property is now in bank ownership. Gerry Strathman recommended denial of the appeai. 3. 960 Duchess Street Guy Willits reported the vehicle is not licensed and there were tall weeds in the yard. Mary Moore, appellant, appeared and stated the bushes were cut down. One car is gone and the other will be gone next week. The screens have been replaced and the grass has been cut, Legislative Hearing Officer recommended denial of the appeal, but giving the owner until July 25 to take caze of the problem. �`� _� �'\ MINUTES OF LEGISLATIVE HEARING 7u1y 15, 1997 Page 2 4. Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: � 39707A - Properiy clean-up, snow removal or sanding walks from Februaiy to April 1997. J9706C - Demolition oPvacant buildings for February 1997. J97061B - Boazdings-up of vacant buildings for February 1997. J9706B - Boazdings-up of vacant buildings for January 1997. 93 Atwater Street Guy Willits reported that the orders were mailed and a form letter was sent. The address has been checked rivice. A tape of the property was viewed. George Pfoser, owner, appeared and stated he is selling the house contract for deed. The purchaser left other people in the house that did not take care of the properiy. The job by the City was not complete: there was still two inches of ice on the sidewalk. Mr. Pfoser is here in protest of the bill. Gerry Strathman stated the City had to do the job and is recovering the wst. Crerry Strathman recommend approval of the assessment, 494 Lafond Avenue No one appeared. Gerry Stxathman recommended approval of the assessment. 1328 Maryland Avenue East Chuck Votel stated the City demolished the building. Tbe total assessment--actual cost paid to the contractor who did the demolition--is $9,527.74. $438.86 of that are the service charges which include the processing service, five inspections, the cost of the certified resolution, the cost of mailing the documents, etc. Guy Willits gave Gerry Strathman a breakdown of the costs for demolition. Chuck Crotty appeared and stated he bought this properiy from HUD. Mr. Croriy tried to find out how much demolition would cost and he got estimates from two different places. Buildina Permits gave him an estimated of $3,000. Mr. Crotty does not understand why it is higher. Gerry Strathman stated he does not understand why the owner had difficulty finding what the cost is, however, the City of Saint Paul paid the contractor and the City always goes to the property owner for the recovered costs. ��-��� MINUTES OF LEGISLATNE HBARING July 15, 1947 Page 3 Gerry Strathman recommended approval of the assessment. 32 Mounds Boulevard No one appeazed; Gerry Strathman recommended approval of the assessment. 1774 Norfolk Avenue Guy Wiilits reported that orders were mailed £our times to remove junk, old wood, the dilapidated garage, etc. The Pazks and Recreation Department removed the items at a cost of $3,452. A tape of the propetty was viewed. Colleen Moore, owner, appeared and stated she had a problem with the amount. The workers were not there atl day. There were six of them at first and then four. Materials were taken for her new gazage. Ms. Moore stated she couid not lift some things to take to the scrap yard and she got sick during the winter. On the tape it was said the workers were not going inside the trailer, but they did. The workers took ail her t-posts for the fencing; they are $2 a post. She felt enough was literally stolen to pay for the bill. Guy Willits went through the detailed bill item by item. Gerry Strathman informed Mary Moore she was properly notified and the work was done. If things were taken that should not have been, a claim against the City should be filed at the Ciry Attorneys office. If the Ms. Moore feels the charges aze unreasonabie, she can come before the Councii on Wednesday, July 23. Mr. Strathman asked Ms. Moore wouid she like to pay the assessment over ten years. Ms. Moore responded no because of the interest. Gerry Strathman recommended approval of the assessment. 1173 Sherburne Avenue Chuck Votel stated he �vould like this address deleted because of improper notification. Gerry Strathman recommended deleting the assessment. 934 Tuscorora Avenue No one appeared; Gerry Strathman recommended approval of the assessment. ��_��.\ MINUTES OF LEGISLATIVE HEARING July 15, 1997 Page 4 481 Warwick Street South Guy Wiilits reported orders were mailed to remove refrigerator, couch, carpet, microwave, cushions, wood, metal, tires, and refuse from caz port. It was rechecked and the items were still not removed. It was removed by the City on March 27, 1997 for $523. Roy and Beverly Roth, owners, appeared. Ms. Roth stated she tald the tenant to get the items out. When the items were gone, Ms. Roth thanked the tenant because she thought the tenant had hauled away the items. A tape of the property was viewed. Roy Roth stated the price was too high for the work done. Beverly Roth stated she was told she could leave the refrigerator there with the door off. Gerry Strathman informed the Roths a claim can be filed with the City Attorney's Office. Gerry Sirathman recommended approval of the assessment. Vacant Lot at Asbury and Sherburne No one appeared; Gerry Strathman recommended approval of the assessment. 5. Resolution ordering the owner to remove or repair the building ►ocated at 742 Lawson Avenue East. If the owner fails to comply with the resolution, Public Health is ordered fo remove the building. Chuck Volel reported that the owners do not care if it is demolished. Gerry Strathman recommended approval of the Public Heaith order. 6. Resolution ordering the owner to remove or repair the building located at 1528 Grand Avenue. If the owner fails to comply with the resolutfon, Pub(ic Health is ordered to remove the building. Chuck Votel reported the building was condemned in July of 1996, the buiiding fees aze unpaid, and the real estate tazces are paid. Patrick Sullivan, owner, stated the property will be repaired and rented by 5eptember i. Gerry Strathman informed the owner he has to get a code compliance inspection done, pull the permits, post a$2,OQ0 bond, and pay the vacant building fee. Allen Christy appeared on behalf of TCF Mortgage Corporation. �� -�a1 MINUTES OF LEGISLATIVE HEARII3G 7uly 15, 1997 Page 5 Gerry Strathman recommended the owner by given until7anuary 15, 1998 to rehabilitate the properiy if the following conditions aze met by noon of July 23: code compliance done, $2000 bond posted, and vacant building fee paid. 7. Resolution ordering the owner to remove or repair the building located at 369 Fuller Avenue. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. No one appeared. Chuck Vote] reported this building has been conveyed to Housing and Urban Development (HUI�). HUD will mazket the property. Gerry Strathman recommended approval of the Public Health order. 8. Resolution ordering the owner to remove or repair the building located at 421 Wabasha Street South. If fhe o�vner faits to comply with the resolution, Public Health is ordered to remove the building. Marceila Hartman, deceased fee owner's daughter, and Clifford Nimis, family interest, appeared. Ms. Nim3s stated the court has made him the administrator of Che estate and the building is for sale. The real estate agent has good prospects and has someone that wili clean it up. Chuck Votei reported the building was condemned in July of 1996, there are four summary abatements on the property, and a failure to pay vacant building fees. Gerry Strathman stated he had a phone conversatian this morning with a prospective buyer who said he had made an offer. Chuck Vote1 stated he was concerned with the maintenance of the properiy. Gerry Strathman recommended the owner be given until August 12 to complete transfer to a new owner. 3y Presented By Referred To CITY OF SAINT PA17�L, a WHEREAS, Public Healffi has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood frame dwelling with a detached, one-vehicle, wood frame garage located on properry here9nafter referred to as the "Subject Properry" and commonly known as 369 Fuller Avenue. This property is legally described as follows, to wit: Lot 10, Block 6, Elfelt, Bernheimer & Arnolds Addition to St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on ar before May 22, 1997, the following are the now known interested or responsible parties for the Subject Properry: Nationsbanc Mortgage Co., P.O. Box 35140, I:ouisville, KY 40232-5140 I.oan# 8737538, Attn: Sally McQuilkin; Michael R. Dahl, c/o Jessie Smith, 1708 New York Avenue, Arlington, TX 76010-4741; H.U.D. Property Disposition, 220 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21st Avenue South, Richf'ieid, MN 55423, Atm: Gene 7ohnson WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 15, 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) pursuant to Chapter 45; and WHEIZEAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by June 14, 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 conected and Public Health requested that the Ciry Clerk schedule public hearings before the I.egislative Hearing Officer of the City Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accardance with the provisions of Chapter 45 of the Saint Paul L,egislative Code, of the time, date, place and purpose of the public hearings; and Council File # '1� K 4 a ;�.. ( g �, g; 5�� � Green Sheet # \� �} ; ` r �, � � `� �� y � RESOLUTION °t7 - °l �,� WHEREAS, a hearing was held before the I,egislative Hearing Officer of the Saint Paul City Council on Tuesday, July 15, 1997 to hear testimony and evidence, and after receiving testunony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrunental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitauon or demolition of the structure to be completed within fifteen (15) days after the date of the Council Aeazing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 7uly 23, 1997 and the testimony and evidence including the action taken by the I.egislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 369 Fuller Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Qrder to Abate Nuisance Building(s) was sent to the then lrnown 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 cortected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely morutored by the VacantlNuisance Buildings Code Enforcement Program. S. 'I'hat Yhe laiown interested parties and owners are as previously stated in this resolution and that the notificatian requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul Ciry Council herebp makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, Qr 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. d�-qZl 1 2. If the above corrective action is not completed within this period of time the Public Health, 2 Code Enforcement Program is hereby authorized to take whatever steps are necessary to 3 demolish and remove this structure, fill the site and charge the costs incurted against the 4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Pau1 Legislative Code. 6 7 8 9 10 11 12 13 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 properry 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. 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 I.egislative Code. � Requested by Department of: ` s � — - "�� — By: Approved by Mayor Date _ �}'^� By: �l FoYm Approved by Cit Attorney sy: Approved by Mayor for Submission to Counci� BY. C Adopted by Council: Date �. � �� Adoption Certified by Council retary a� -9�i DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N 19120 Public Health 06-20-97 GREEN SHEET CONTACT PERSOtd & PHONE INITIAUDATE INRIAUDATE Charles VOtE]. 298-4153 /! � DEPARTMENTDIRECTOR CIiVCOUNCIL (�\/ ASSIGN CINATTORNEV CINCLERK NUMBERFOR MUST BE ON CqUNCILAGENDA BY (DATE) RQ ��� � BUD6ET DIRECTOR O FIN. & MGT. SERVICES Dlp. 3uly 23, 1997 OROEF p�pYOR(ORASS15TANn � TOTAL # OF SIGNATURE PAGES (CL{P ALL LOCATIONS FOR SIGNATURE) ACTION FEQUESTED: City Covncil to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Pvblic Health is ordered to remove the building. The subject property is located at 369 Fuller Avenue. RECOMMENDA710NS: Approve (A) or Re�ect (p) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLANNMCa COMMISSION __ CIVIL SERVICE COMMISSION 1. Has this personlfirm ever worked under a coMract for thi5 tlepartment? _ qB COMMf1TEE _ �`ES NO _ STAFE 2. Has this person��m ever baen a c�iy employee? • — YES NO _ o15TRIC7 CoURT _ 3. Does this person/firm possess a skill not normally possessetl by any current city employee? SUPPORTS WNICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INIT i is ui � in ° s RT 1 � Wh R�ll W } a SdT10E A (s) as defined in Cha ter 45 and a vaoant buildin � � "�.c� § � g � � 5 P 5 as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 369 Fuller Avenue by June 14, 1997, and have failed to oomply with those orders. ��vL� V GD ADVANTAGESIFAPPROVED: _,� ' The City will eliminate a nuisance. �� R�C��V�� �� . �U�i � �3 ;��� �lUN ,z5 �997 � �� ��� � _ ��- DISADVANTAGES IF APPRaVEO: � The City will spend funds to wreck and this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. oisao�qp.r}���pirt,r�pP�qy�iti will remain unabated in the City, This building(s) will continue to blight the community. $6,000 - $7,000 iOTAL AMOUNT QF TRANSACTION $ COSTlREVENUE BUDGETEO (CIRCLE ONE) YES NO Nuisance Aousing Abatement 33261 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) SAINT PAUL PUBLIC HEALTH Nea! HoJmx, MD.. M.P.N., D'uector -\ `���, CITY O� SA�IUT PALIL NUISANCE BUILDINGS CODE Norm Colemart, Mayor ENFORCEMENT 555 Cedar Sveet Saint Pau[, MN SS101-226Q i 3une 20, 1997 ' NOTICE OF PUBLIC HEA.RINGS Council President and Members of the City Councii 612-298-4153 Saint Pau1 Public Health, VacantJNuisance Buildings Enforcement Unit has requested the City Council schedule public heazings to consider a resolution ordering the repair or removal of the nuisance building(s} located at: 369 Fuller Avenue The City Council has scheduled the date of these hearings as foilows: Legislative Hearing - Tuesday, July 15, 1997 City Council Aearing - Wednesday, July 23, 1997 The owners and responsible parties of record are: Name and Last Known Address Nationsbanc Mortgage Co. _ P.O. Box 35140 Louisviile, KY 40232-5140 Loan# 8737538 Attn: Saily McQuilkin � Michael R. Dahl clo 7essie Smifh 1708 New York Avenue Ariington, TX 76010-4741 Interest �t�ddllL`� ���g �3��i' Foreclosing Mortgagee Fee Owner H.U.D. Property Disposition 220 Second Street South Minneapolis, MN 55401 JUN 2 � 19g7 Receiver in Foreclosure q����i 369 Fuller Avenue June 20, 1997 Page 2 Name and Last Knovm Address Interest Pham Express, Inc. � Agent for HUD 6531 21st Avenue South Ric�eld, MN 55423 Attn: Gene Johnson The legal description of this property is: Lot 10, Block 6, Elfelt, Bernheimer & Amolds Addition to St. Paul. Saint Paut Public Health has declazed this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this buiiding(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as tazes. cerely, . �-"� Reneta Weiss Program Supervisor VacantlNuisance Building Unit Saint Paul Public Health RW:mi cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Marshall Dan Pahl, PED-Housing Division �- �=r_ REPORT Date: 3uly 15, 1997 Time: 10:00 a.m. a���al Piace: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: J9707A - Properry clean-up, snow removal or sanding walks from February to April 1997. J9706C - Demolition of vacant buildings for February 1997. J97061B - Boardings-up of vacant buildings for February 1997. 3970bB - Boardings-up of vacant buildings for Januazy 1997. Legislative Aearing Officer recommended approval of the assessments with the fotlowing esception: 1173 Sherburne, assessment deleted per Pubtic Health due to inadequate notitication. 2. Vehicle abatement appeal for 960 Duchess Street; Mary Moore, appeliant. Legisfative Hearing Officer recommended denial of the appeal, but giving the owner until July 25 to take care of the problem. 3. Summary abatement appeal for 96 Robie Street West; Marlin Schienbein, appellant. Legislarive Hearing Officer recommended denial of the appeal. 4. Vehicle abatement appeal for 778 Charles Avenue; Joyce Ford, appellant. Legislative Hearing Officer recommended denial of t6e appeal. 5. Resolurion ordering the owner to remove or repair the building located at 702 Lawson Avenue East• If the owner fails to compiy with the resolufion, Public Health is ordered to remove the building. Legislative Hearing O�cer recommended approval of the Pubiic Health order. 6. Resolution ordering the owner tA remove or repair the building located at 1528 Grand Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. 9�-9�1 Legislative Hearing Officer recommended the owaer by given nntil3anuary 15,1998 to rehabilitate the property if the fotlowing conditions are met by noon of July 23: code compliance be done, $2000 bond posted, and vacant building fee Qaid. Resolurion ordering the owner to remove ar repair the building located at 369 Fuller Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval of the Public Health order. 8. Resolufion ordering the owner to remove or repair the building located at 421 Wabasha Street uth. If the owner fails to comply with the resolurion, Public Health is ordered to remove the building. Legislative Hearing Officer recommended the owner be given until August 12 to complete transfer to a new owner. ��_q�.\ MINUTES OF LEGISLATIVE T3EARING Iuly I5, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Off'icer STAFF PRESENT: Chuck Votel, Guy Willits, Pubiic Health; Roxanna Flink, Real Estate. Gerry Strathman, Legisiative Hearing Officer, called the meering to order at 10:00 a.m. 778 Charles Avenue Lee Pezrin and Joyce Ford appeared. Mr. Perrin stated he was informed there was garbage in his yazd, but that is not the case. He felt he was being picked on. Mr. Perrin also did not think it was fair that his van might be taken. Guy Willits reported this was part of a sweep in the area. There were general orders to cut the grass and remove the garbage not in containers. When Mr. Wiilits went to the address, the grass was cut and the gazbage was picked up. The only item left was the unlicensed vehicle. Gerry Strathman asked was the vehicle operable and licensed. Lee Penin stated it needs to be fixed and it is not licensed. Mr. Strathman informed Mr. Perrin that under City ordinance, a vehicle cannot be parked in the public unless it is licensed and operabte. Mr. Strathman explained the vehicle will have to be put in the garage or licensed and operable in 8 to 10 days. Otherwise, it will be towed. Gerry Strathman recommended denial of the appeal. 2. 96 Robie Street West No one appeazed. Guy Willits reported this property is now in bank ownership. Gerry Strathman recommended denial of the appeai. 3. 960 Duchess Street Guy Willits reported the vehicle is not licensed and there were tall weeds in the yard. Mary Moore, appellant, appeared and stated the bushes were cut down. One car is gone and the other will be gone next week. The screens have been replaced and the grass has been cut, Legislative Hearing Officer recommended denial of the appeal, but giving the owner until July 25 to take caze of the problem. �`� _� �'\ MINUTES OF LEGISLATIVE HEARING 7u1y 15, 1997 Page 2 4. Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: � 39707A - Properiy clean-up, snow removal or sanding walks from Februaiy to April 1997. J9706C - Demolition oPvacant buildings for February 1997. J97061B - Boazdings-up of vacant buildings for February 1997. J9706B - Boazdings-up of vacant buildings for January 1997. 93 Atwater Street Guy Willits reported that the orders were mailed and a form letter was sent. The address has been checked rivice. A tape of the property was viewed. George Pfoser, owner, appeared and stated he is selling the house contract for deed. The purchaser left other people in the house that did not take care of the properiy. The job by the City was not complete: there was still two inches of ice on the sidewalk. Mr. Pfoser is here in protest of the bill. Gerry Strathman stated the City had to do the job and is recovering the wst. Crerry Strathman recommend approval of the assessment, 494 Lafond Avenue No one appeared. Gerry Stxathman recommended approval of the assessment. 1328 Maryland Avenue East Chuck Votel stated the City demolished the building. Tbe total assessment--actual cost paid to the contractor who did the demolition--is $9,527.74. $438.86 of that are the service charges which include the processing service, five inspections, the cost of the certified resolution, the cost of mailing the documents, etc. Guy Willits gave Gerry Strathman a breakdown of the costs for demolition. Chuck Crotty appeared and stated he bought this properiy from HUD. Mr. Croriy tried to find out how much demolition would cost and he got estimates from two different places. Buildina Permits gave him an estimated of $3,000. Mr. Crotty does not understand why it is higher. Gerry Strathman stated he does not understand why the owner had difficulty finding what the cost is, however, the City of Saint Paul paid the contractor and the City always goes to the property owner for the recovered costs. ��-��� MINUTES OF LEGISLATNE HBARING July 15, 1947 Page 3 Gerry Strathman recommended approval of the assessment. 32 Mounds Boulevard No one appeazed; Gerry Strathman recommended approval of the assessment. 1774 Norfolk Avenue Guy Wiilits reported that orders were mailed £our times to remove junk, old wood, the dilapidated garage, etc. The Pazks and Recreation Department removed the items at a cost of $3,452. A tape of the propetty was viewed. Colleen Moore, owner, appeared and stated she had a problem with the amount. The workers were not there atl day. There were six of them at first and then four. Materials were taken for her new gazage. Ms. Moore stated she couid not lift some things to take to the scrap yard and she got sick during the winter. On the tape it was said the workers were not going inside the trailer, but they did. The workers took ail her t-posts for the fencing; they are $2 a post. She felt enough was literally stolen to pay for the bill. Guy Willits went through the detailed bill item by item. Gerry Strathman informed Mary Moore she was properly notified and the work was done. If things were taken that should not have been, a claim against the City should be filed at the Ciry Attorneys office. If the Ms. Moore feels the charges aze unreasonabie, she can come before the Councii on Wednesday, July 23. Mr. Strathman asked Ms. Moore wouid she like to pay the assessment over ten years. Ms. Moore responded no because of the interest. Gerry Strathman recommended approval of the assessment. 1173 Sherburne Avenue Chuck Votel stated he �vould like this address deleted because of improper notification. Gerry Strathman recommended deleting the assessment. 934 Tuscorora Avenue No one appeared; Gerry Strathman recommended approval of the assessment. ��_��.\ MINUTES OF LEGISLATIVE HEARING July 15, 1997 Page 4 481 Warwick Street South Guy Wiilits reported orders were mailed to remove refrigerator, couch, carpet, microwave, cushions, wood, metal, tires, and refuse from caz port. It was rechecked and the items were still not removed. It was removed by the City on March 27, 1997 for $523. Roy and Beverly Roth, owners, appeared. Ms. Roth stated she tald the tenant to get the items out. When the items were gone, Ms. Roth thanked the tenant because she thought the tenant had hauled away the items. A tape of the property was viewed. Roy Roth stated the price was too high for the work done. Beverly Roth stated she was told she could leave the refrigerator there with the door off. Gerry Strathman informed the Roths a claim can be filed with the City Attorney's Office. Gerry Sirathman recommended approval of the assessment. Vacant Lot at Asbury and Sherburne No one appeared; Gerry Strathman recommended approval of the assessment. 5. Resolution ordering the owner to remove or repair the building ►ocated at 742 Lawson Avenue East. If the owner fails to comply with the resolution, Public Health is ordered fo remove the building. Chuck Volel reported that the owners do not care if it is demolished. Gerry Strathman recommended approval of the Public Heaith order. 6. Resolution ordering the owner to remove or repair the building located at 1528 Grand Avenue. If the owner fails to comply with the resolutfon, Pub(ic Health is ordered to remove the building. Chuck Votel reported the building was condemned in July of 1996, the buiiding fees aze unpaid, and the real estate tazces are paid. Patrick Sullivan, owner, stated the property will be repaired and rented by 5eptember i. Gerry Strathman informed the owner he has to get a code compliance inspection done, pull the permits, post a$2,OQ0 bond, and pay the vacant building fee. Allen Christy appeared on behalf of TCF Mortgage Corporation. �� -�a1 MINUTES OF LEGISLATIVE HEARII3G 7uly 15, 1997 Page 5 Gerry Strathman recommended the owner by given until7anuary 15, 1998 to rehabilitate the properiy if the following conditions aze met by noon of July 23: code compliance done, $2000 bond posted, and vacant building fee paid. 7. Resolution ordering the owner to remove or repair the building located at 369 Fuller Avenue. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. No one appeared. Chuck Vote] reported this building has been conveyed to Housing and Urban Development (HUI�). HUD will mazket the property. Gerry Strathman recommended approval of the Public Health order. 8. Resolution ordering the owner to remove or repair the building located at 421 Wabasha Street South. If fhe o�vner faits to comply with the resolution, Public Health is ordered to remove the building. Marceila Hartman, deceased fee owner's daughter, and Clifford Nimis, family interest, appeared. Ms. Nim3s stated the court has made him the administrator of Che estate and the building is for sale. The real estate agent has good prospects and has someone that wili clean it up. Chuck Votei reported the building was condemned in July of 1996, there are four summary abatements on the property, and a failure to pay vacant building fees. Gerry Strathman stated he had a phone conversatian this morning with a prospective buyer who said he had made an offer. Chuck Vote1 stated he was concerned with the maintenance of the properiy. Gerry Strathman recommended the owner be given until August 12 to complete transfer to a new owner.