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97-924q� m ��` e 1 ��a� 3 1 n f`{ Council File # • l� ►� f7� G, t � t ` _ _ _ _ _ Green Sheet # \� \ ��� � . . � . 1 � _.. ' .. . . �a , . ,_. � Presented By � Referred To MIN Committee: Date �� WHEREA5, Public Health has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood and br'tck frame three-unit building located on properiy hereinafter referred to as the "Subject Property" and comznonly known as 421 Wabasha Street South. This property is legally described as follows, to wit: � L,ot 4, Block 33, lying West of South Wabasha Street, EXCBPT the North 25 feet thereof and EXCEPT the South 30 feet thereof, "West St. Paui Proper", and that part of vacated (or abandoned) Sibley Street accruing thereto; and that part of vacated (or abandoned) Sibley Street accruing to I,ots 5 and 6, Block 34, "West St. Paul Proper", and between the North and South lines of the aforesaid parC of T,ot 4, Block 33, "West St. Paul Proper", extended East. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by Public Health on or befare May 9, 1997, the following aze the now known interested or responslble parties for the Subject Property: Marcella Hartman, 677 Hyacinth Avenae East, St. Paul, MN 55106-1910; Marvin T. Fabyanske, Fabyanske, Svoboda et al, P.A., 920 2nd Avenue South, Mpls., MN 55402; Clifford Nimis, 1485 Glenbill Rd., St. Paul, MN 55112; Bill Hartman, 1421 York Avenue, St. Paul, MN 55107-1119; Health One Service Co. dba, Reliance Recoveries, 6160 Summit Drive, Brooklyn Center, MN 55430, Re: Allen C. Hartman; Lee Neihart, 691 Dale Street North, St. Paul, MN 55103. WAEREAS, Public Health has served in accordance with the provisions of Chapter 45 of Yhe Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 2, 1947; and WHBREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nnisance 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 Property by June 2, 1997; and WHEREAS, the enforcement o�cer 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 City Clerk schedule public hearings before the L.egislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and resgonsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the tune, date, place and purpose of the public hearings; and g��R�� WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 15, 1947 to hear testimony and evidence, and after receiving testnnony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the stcucture 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 WFIEREAS, a hearing was held before the 5aint Paul City Council on VJednesday, July 23, 1997 and the testimony and evidence 3ncluding 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 421 Wabasha Street South: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the de�ciencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Properry which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacandNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul Ciry Council hereby makes the following order: i. 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 community by rehabilitaung 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 ardinances, or in the alternative by demolishing and removing the structure in accordance with ali applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within after the date of the Councii Heazing. �o�e.�.,�ar��, e��h�-.��\8�� �t� -°tay 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 incurred against the 4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul L.egislative Code. 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 property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. It is further ordered, that a copy of tiris resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. � xequested by Department of: By : � '�,� �' � /"'�✓(�'— � ..� � �-� Adoption Certified by Council Secretary By: Approved by Mayor: Date IL`y�`� � � � ��� �--f— By: Form Approved by Cit Attorney . � By: Aonroved by Ma or oz Submission to Council l � By: Adopted by Council: Date (1s � ���i'�l t � a� -�t�.� �EPAFTMENT/OFFICE/COUNCIL DATE INITIATED *r� i(� i i� ���� Health 06-20-97 GREEN SHEET 1V 17l.J. INITIAL/DATE INITIAUDATE CANTACT PERSOtd ffi PHONE � DEPAflTMENT DIRECTOR CIN COUNCIL Charles Vote1 298-4153 ASSIGN INATfORNEY � CITYGLERK MUST BE ON COUNCIL AGEN�A BY (�ATE) ROUT NG�� BUDGET DIREGTOR O FIN. & MGL SERVICES DIR. July 23, 1997 ORDER MAY�R(ORASSI5THNT) � TOTAL # OF SIGNATIlRE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACT10N REQUESTED: City Counail 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, Public Health is ordered to remove the building_ The subject property is located at 42i Wabasha Street South. RECAMMENOA7iOnlS: appmve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNINCi CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this personffirm ever worKed untler a contract for this department? _ q8 CAMMITfEE _ YES P10 _ S7AFF Z. Has this persoNfvm 0ver beeo a cify employee? — YES NO _ oiSiAici couai _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL O&IECTIVE� YES NO Explain all yes answers on separate sheet antl attach to green sheet INITIATING PROBLEM. ISSUE, OPPORTUNIiV (Who, Whaq Wnen, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant buil8ing 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 421 Wabasha Street South by June 2, 1997, and have failed to comply with those orders. ADVANTAGESIFAPPROVED: ' The City will eliminate a nuisance. �. ( ��� @ � p R����� �� ��}� ���Y'.a73 U�liiE�! SUN 3� 5�97 �U� 25 199i ���� �� DISADVANTAGES IFAPPqOVED: - - �--?�.��°� �^` � � " 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. DISAWANTAGES IF NOT APPAOVED. A nuisance condition will remain unabated in the City. This building(s) will con�tinue to blight the community. $�, o00 - �$e, o00 iOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO Nuisance Aousing Abatement 33261 FUNDING SOURCE ACTIVI7Y NUMBER FINANGIAL INFORMATION' (EXPLAIN) SAINT PAUL PUBLIC HEALTH Neat Holmn, M.D., MP.H., Director C(TY �F SA1NT PAUL NUISANCE BUlLDINGS CODE Norm Coleman, Mayor ENFORCEMENf 555 Cedar Sueet Saint Paut, MN 55101-2260 i June 20, 1997 • NOTICE O�' PUBLIC HEARINGS Council President and Members of the City Council q�-9��1 6I1-298-4153 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: 421 Wabasha Street South The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 15, 1947 City Councii Hearing - Wednesday, 3ulp 23, 1997 The owners and responsible parties of record are: Name and Last Known Address Mazcella Hartman 677 Hyacinth Avenue East St. Paul, MN 55106-1910 �fl6jsiCl� . ��3 t�f Interest ��1� 26 i�97 �., �, Deceased Fee Owner's Daughter Marvin T. Fabyanske Fabyanske, Svoboda et al, P.A. 920 2nd Avenue South Mpis., MN 55402 Clifford Nimis 1485 Glenbili Rd. St. Paul, MN 55712 Attorney for Estate of Allen Hartman Family Interest q1- 9�y 421 Wabasha Street South June 20, 1997 Page 2 Name and Last Known Address Bill Hartman 1421 York Avenue St. Paui, MN 55107-1119 Health One Service Co. dba Reliance Recoveries 6160 Summit Drive Brooklyn Center, MN 55430 Re: Alien C. Harhnan Lee Neihart 691 Dale Street North St. Paul, MN 55103 The legal description of this property is: Interest Family Member Judgment Creditor Deceased Fee Owner's Son Lot 4, Block 33, lying West of South Wabasha Street, EXCEPT the North 25 feet thereof and EXCEPT the South 30 feet thereof, "4Vest St. Paul Proper", and that part of vacated (or abandoned) Sibley Street accruing thereto; and that part of vacated (or abandoned) Sibley Street accruing to Lots 5 and 6, Block 34, "West St. Paul Proper", and between the North and South lines of the aforesaid part of Lot 4, Block 33, "West St. Paul Proper", extended East. 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). a�•gay 421 Wabasha Street South 7une 20, 1997 Page 3 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 Heaith that the City Council pass a resoluflon 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, Si cerely, � � � Re ta Weiss Program Supervisor VacantJNuisance Building Unit Saint Paul Public Health RW:m1 cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Mazshall Dan Pahl, PED-Housing D'avision 01-93 xEPaxT G�� -°l1y Date: 7uly 15, 1997 Time: 1Q:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer 1. Resolurion rafifying assessment of benefits, costs, and expenses for summary abatements for the following: J9707A - Property clean-up, snow removal or sanding walks from February to April 1997. 79706C - Demolition of vacant buildings for February 1997. J97061B - Boardings-up of vacant buildings for February 1997. J9706B - Boardings-up of vacant buildings for January 1997. Legislative Hearing Officer recommended approva) of the assessments with t6e following eaception: 1173 Sherburne, assessment deleted per Public Health due to inadequate notification. 2. Vehicle abatement appeal for 960 Duchess Street; Mary Moore, appellant. Legislative Hearing Of�cer 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; Mazlin Schienbein, appellant. Legislative Hearing Officer recommended denial of the appeaL 4. Vehicle abatement appeal for 778 Charies Avenue; Joyce Ford, appellant. Legislative Hearing Officer recommended denial of the appeal. 5. Resolution ordering the owner to remove or repair the building located at 702 Lawson Avenue st. 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. 6. Resolution ordering the owner to remove or repair the building located at 1528 Grand Avenue. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. �t� -°t ay I.egislative Hearing Officer recommended the owner by given unti! 3anuary 15,1998 to �ehabilitate the property if the Pollowing conditions ace met by noon oFJuly 23: code compliance be done, $2000 bond posted, and vacant bailding fee paid. 7. Resolution ordering the owner to remove or repair the building located at 369 Fuiler Avenue. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer 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 the owner fails to comply with the;esolution, Public Health is ordered to remove the building. Legislative Hearing O�cer recommended the owner be given until August 12 to complete transfer fo a new owner. ' � y �-t �i � MINUTES OF LEGISLATIVE HEARING July 15, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Roxanna Flink, Real Estate. Gerry Strathnaan, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 1. 778 Charles Avenue Lee Perrin 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 azea. There were general orders to cut the grass and remove the garbage not in containers. When Mr. Willits went to the address, the grass was cut and the garbage was picked up. The only item left was the uniicensed vehicle. Gerry Strathman asked was the vehicle operabie and licensed. Lee Penin stated it needs to be fixed and it is not licensed. Mr. Strathman inPormed Mr. Perrin that under City ordinance, a vehicle cannot be parked in the public unless it is Iicensed and operable. Mr. Strathman explained the vehicle will have to be put in the garage or licensed and operable in 8 to 10 days. Otherwise, it wili be towed. Gerry Strathman recommended denial of the appeal. 2. 96 Robie Street West No one appeared. Guy Willits reported this property is now in bank ownership. Gerry Strathman recommended denial of the appeal. 3. 960 Duchess Street Guy Willlts reported the vehicle is not licensed and there were tall weeds in the yard. Mary Moore, appeliant, appeared and stated the bushes were cut down. One car is gone and the other wili 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 care of the problem. �� - 9aLC MINUTES OF LEGISLATIVE HEARING July 15, 1997 Page 2 4. Resolution rarifying assessment of benefits, costs, and expenses for summary abatements for the following: , J9707A - Properiy 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. J9706B - Boazdings-up of vacant buildings for January 199�. 93 Atwater Street Guy Willits reported that the orders were mailed and a form letter was sent. The address has been checked twice. 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 caze 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 cost. Gerry Strathman xecommend approval of the assessment. 494 Lafond Avenue No one appeared. Gerry Strathman recommended approval of the assessment. 1328 Marytand Avenue East Chuck Votel staxed the City demolished the building. The total assessment--actual cost paid to the contractor who did the demolition--is $9,527.74. $438.86 of that aze the service chazges which include the processing service, five inspections, the cost of the certified resolution, the cost of mailing the documents, eta Guy Willits gave Gerry Strathman a breakdown of the costs for demolition. Chuck Crotty appeared and stated he bought this properiy from HUD. Mr. Crotty tried to find out how much demolition would cost and he got estimates from two different places. Building 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. �� , � �-y MINUTES OF LEGISLATIVE HEATtING July 15, 1997 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 Willits reported that orders were mailed four times to remove junk, old wood, the dilapidated garage, etc. The Parks and Recreation Department removed the items at a cost of $3,452. A tape of the property was viewed. Colleen Moore, owner, appeared and stated she had a problem with the amount. The workers were not there al1 day. There were six of them at first and then four. Materials were taken for her new garage. Ms. Moore stated she could not lift some things to take to the scrap yazd 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 all her t-posts for the fencing; they are $2 a post. She felt enough was literally stolen to pay for the bill. Guy Wiliits went through the detailed bill item by item. Gerry Strathman informed Mary Moore she was properly notified and the work was done. lf things were taken that should not have been, a claim against the City should be filed at the City Attomeys office. If the Ms. Moore feels the chazges are unreasonable, she can come before the Council on Wednesday, July 23. Mr. Strathman asked Ms. Moore would she like to pay the assessment over ten yeazs. Ms. Moore responded no because of the interest. Gerry Strathman recommended approval of the assessment. 1173 Sherburne Avenue Chuck Votel stated he would 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 3uly 15, 1997 Page 4 d81 Warwick 5treet South Guy Willits reported orders were mailed to remove refrigerator, couch, carpet, microwave, cushions, wood, metal, tires, and refuse from car 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 told 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 properiy 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 wifh the City Attorney's Office. Gerry Strathman recommended approval of the assessment. Vacant Lot at AsburX and Sherburne No one appeazed; Gerry Strathman recommended approval of the assessment. 5. Resotution ordering the owner fo remove or repair the buitding located at 702 Lawson Avenue East. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel reported that the owners do not care if it is demolished. Gerry Strathman recommended approval of the Public Health order. 6. Resolution ordering the owner to remove or repair the building located at 1528 Grand Avenue. If the o�vner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel reported the building was condemned in July of 1996, the building fees are unpaid, and the real estate taxes are paid. Patrick Sullivan, owner, stated the property will be repaired and rented by September 1. Gerry Strathman informed the owner he has to get a code compliance inspection done, pull the permits, post a$2,000 bond, and pay the vacant building fee. Allen Christy appeared on behalf of TCF Mortgage Corparation. a�-��y MINUTES OF LEGISLATIVE HEARING 7uly I5, 1997 Page 5 Gerry Strathman recommended the owner by given unfil3anuary I5, 1998 to rehabilitate the property if the following conditions aze met by noon of July 23: code compliance done, $20�Q bond posted, and vacant building fee paid. Resolution ordering the owner to remove or repair the bnilding located at 369 Fuller Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. No one appeared. Chuck Votel reported this building has been conveyed to Housing and Urban Development (HLTD). HUD will market the properiy. Gerry Strathman recommended approval of the Public Health order. S. Resolution ordering the owner to remove or repair the building located at 421 Wabasha Street South. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Marcella Hartman, deceased fee owner's daughter, and Clifford Nimis, family interest, appeared. Ms. Nimis stated the court has made him the administrator of the estate and the buiiding is for sale. The real estate agent has good prospects and has someone that will ciean it up. Chuck Votel reported the building was condemned in July of 1996, there are four summary abatements on the property, and a failure to pay vacant buiiding fees. Gerry Strathman stated he had a phone conversation this morning with a prospective buyer who said he had made an offer. Chuck Votel 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. q� m ��` e 1 ��a� 3 1 n f`{ Council File # • l� ►� f7� G, t � t ` _ _ _ _ _ Green Sheet # \� \ ��� � . . � . 1 � _.. ' .. . . �a , . ,_. � Presented By � Referred To MIN Committee: Date �� WHEREA5, Public Health has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood and br'tck frame three-unit building located on properiy hereinafter referred to as the "Subject Property" and comznonly known as 421 Wabasha Street South. This property is legally described as follows, to wit: � L,ot 4, Block 33, lying West of South Wabasha Street, EXCBPT the North 25 feet thereof and EXCEPT the South 30 feet thereof, "West St. Paui Proper", and that part of vacated (or abandoned) Sibley Street accruing thereto; and that part of vacated (or abandoned) Sibley Street accruing to I,ots 5 and 6, Block 34, "West St. Paul Proper", and between the North and South lines of the aforesaid parC of T,ot 4, Block 33, "West St. Paul Proper", extended East. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by Public Health on or befare May 9, 1997, the following aze the now known interested or responslble parties for the Subject Property: Marcella Hartman, 677 Hyacinth Avenae East, St. Paul, MN 55106-1910; Marvin T. Fabyanske, Fabyanske, Svoboda et al, P.A., 920 2nd Avenue South, Mpls., MN 55402; Clifford Nimis, 1485 Glenbill Rd., St. Paul, MN 55112; Bill Hartman, 1421 York Avenue, St. Paul, MN 55107-1119; Health One Service Co. dba, Reliance Recoveries, 6160 Summit Drive, Brooklyn Center, MN 55430, Re: Allen C. Hartman; Lee Neihart, 691 Dale Street North, St. Paul, MN 55103. WAEREAS, Public Health has served in accordance with the provisions of Chapter 45 of Yhe Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 2, 1947; and WHBREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nnisance 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 Property by June 2, 1997; and WHEREAS, the enforcement o�cer 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 City Clerk schedule public hearings before the L.egislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and resgonsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the tune, date, place and purpose of the public hearings; and g��R�� WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 15, 1947 to hear testimony and evidence, and after receiving testnnony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the stcucture 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 WFIEREAS, a hearing was held before the 5aint Paul City Council on VJednesday, July 23, 1997 and the testimony and evidence 3ncluding 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 421 Wabasha Street South: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the de�ciencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Properry which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacandNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul Ciry Council hereby makes the following order: i. 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 community by rehabilitaung 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 ardinances, or in the alternative by demolishing and removing the structure in accordance with ali applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within after the date of the Councii Heazing. �o�e.�.,�ar��, e��h�-.��\8�� �t� -°tay 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 incurred against the 4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul L.egislative Code. 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 property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. It is further ordered, that a copy of tiris resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. � xequested by Department of: By : � '�,� �' � /"'�✓(�'— � ..� � �-� Adoption Certified by Council Secretary By: Approved by Mayor: Date IL`y�`� � � � ��� �--f— By: Form Approved by Cit Attorney . � By: Aonroved by Ma or oz Submission to Council l � By: Adopted by Council: Date (1s � ���i'�l t � a� -�t�.� �EPAFTMENT/OFFICE/COUNCIL DATE INITIATED *r� i(� i i� ���� Health 06-20-97 GREEN SHEET 1V 17l.J. INITIAL/DATE INITIAUDATE CANTACT PERSOtd ffi PHONE � DEPAflTMENT DIRECTOR CIN COUNCIL Charles Vote1 298-4153 ASSIGN INATfORNEY � CITYGLERK MUST BE ON COUNCIL AGEN�A BY (�ATE) ROUT NG�� BUDGET DIREGTOR O FIN. & MGL SERVICES DIR. July 23, 1997 ORDER MAY�R(ORASSI5THNT) � TOTAL # OF SIGNATIlRE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACT10N REQUESTED: City Counail 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, Public Health is ordered to remove the building_ The subject property is located at 42i Wabasha Street South. RECAMMENOA7iOnlS: appmve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNINCi CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this personffirm ever worKed untler a contract for this department? _ q8 CAMMITfEE _ YES P10 _ S7AFF Z. Has this persoNfvm 0ver beeo a cify employee? — YES NO _ oiSiAici couai _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL O&IECTIVE� YES NO Explain all yes answers on separate sheet antl attach to green sheet INITIATING PROBLEM. ISSUE, OPPORTUNIiV (Who, Whaq Wnen, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant buil8ing 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 421 Wabasha Street South by June 2, 1997, and have failed to comply with those orders. ADVANTAGESIFAPPROVED: ' The City will eliminate a nuisance. �. ( ��� @ � p R����� �� ��}� ���Y'.a73 U�liiE�! SUN 3� 5�97 �U� 25 199i ���� �� DISADVANTAGES IFAPPqOVED: - - �--?�.��°� �^` � � " 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. DISAWANTAGES IF NOT APPAOVED. A nuisance condition will remain unabated in the City. This building(s) will con�tinue to blight the community. $�, o00 - �$e, o00 iOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO Nuisance Aousing Abatement 33261 FUNDING SOURCE ACTIVI7Y NUMBER FINANGIAL INFORMATION' (EXPLAIN) SAINT PAUL PUBLIC HEALTH Neat Holmn, M.D., MP.H., Director C(TY �F SA1NT PAUL NUISANCE BUlLDINGS CODE Norm Coleman, Mayor ENFORCEMENf 555 Cedar Sueet Saint Paut, MN 55101-2260 i June 20, 1997 • NOTICE O�' PUBLIC HEARINGS Council President and Members of the City Council q�-9��1 6I1-298-4153 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: 421 Wabasha Street South The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 15, 1947 City Councii Hearing - Wednesday, 3ulp 23, 1997 The owners and responsible parties of record are: Name and Last Known Address Mazcella Hartman 677 Hyacinth Avenue East St. Paul, MN 55106-1910 �fl6jsiCl� . ��3 t�f Interest ��1� 26 i�97 �., �, Deceased Fee Owner's Daughter Marvin T. Fabyanske Fabyanske, Svoboda et al, P.A. 920 2nd Avenue South Mpis., MN 55402 Clifford Nimis 1485 Glenbili Rd. St. Paul, MN 55712 Attorney for Estate of Allen Hartman Family Interest q1- 9�y 421 Wabasha Street South June 20, 1997 Page 2 Name and Last Known Address Bill Hartman 1421 York Avenue St. Paui, MN 55107-1119 Health One Service Co. dba Reliance Recoveries 6160 Summit Drive Brooklyn Center, MN 55430 Re: Alien C. Harhnan Lee Neihart 691 Dale Street North St. Paul, MN 55103 The legal description of this property is: Interest Family Member Judgment Creditor Deceased Fee Owner's Son Lot 4, Block 33, lying West of South Wabasha Street, EXCEPT the North 25 feet thereof and EXCEPT the South 30 feet thereof, "4Vest St. Paul Proper", and that part of vacated (or abandoned) Sibley Street accruing thereto; and that part of vacated (or abandoned) Sibley Street accruing to Lots 5 and 6, Block 34, "West St. Paul Proper", and between the North and South lines of the aforesaid part of Lot 4, Block 33, "West St. Paul Proper", extended East. 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). a�•gay 421 Wabasha Street South 7une 20, 1997 Page 3 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 Heaith that the City Council pass a resoluflon 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, Si cerely, � � � Re ta Weiss Program Supervisor VacantJNuisance Building Unit Saint Paul Public Health RW:m1 cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Mazshall Dan Pahl, PED-Housing D'avision 01-93 xEPaxT G�� -°l1y Date: 7uly 15, 1997 Time: 1Q:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer 1. Resolurion rafifying assessment of benefits, costs, and expenses for summary abatements for the following: J9707A - Property clean-up, snow removal or sanding walks from February to April 1997. 79706C - Demolition of vacant buildings for February 1997. J97061B - Boardings-up of vacant buildings for February 1997. J9706B - Boardings-up of vacant buildings for January 1997. Legislative Hearing Officer recommended approva) of the assessments with t6e following eaception: 1173 Sherburne, assessment deleted per Public Health due to inadequate notification. 2. Vehicle abatement appeal for 960 Duchess Street; Mary Moore, appellant. Legislative Hearing Of�cer 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; Mazlin Schienbein, appellant. Legislative Hearing Officer recommended denial of the appeaL 4. Vehicle abatement appeal for 778 Charies Avenue; Joyce Ford, appellant. Legislative Hearing Officer recommended denial of the appeal. 5. Resolution ordering the owner to remove or repair the building located at 702 Lawson Avenue st. 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. 6. Resolution ordering the owner to remove or repair the building located at 1528 Grand Avenue. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. �t� -°t ay I.egislative Hearing Officer recommended the owner by given unti! 3anuary 15,1998 to �ehabilitate the property if the Pollowing conditions ace met by noon oFJuly 23: code compliance be done, $2000 bond posted, and vacant bailding fee paid. 7. Resolution ordering the owner to remove or repair the building located at 369 Fuiler Avenue. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer 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 the owner fails to comply with the;esolution, Public Health is ordered to remove the building. Legislative Hearing O�cer recommended the owner be given until August 12 to complete transfer fo a new owner. ' � y �-t �i � MINUTES OF LEGISLATIVE HEARING July 15, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Roxanna Flink, Real Estate. Gerry Strathnaan, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 1. 778 Charles Avenue Lee Perrin 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 azea. There were general orders to cut the grass and remove the garbage not in containers. When Mr. Willits went to the address, the grass was cut and the garbage was picked up. The only item left was the uniicensed vehicle. Gerry Strathman asked was the vehicle operabie and licensed. Lee Penin stated it needs to be fixed and it is not licensed. Mr. Strathman inPormed Mr. Perrin that under City ordinance, a vehicle cannot be parked in the public unless it is Iicensed and operable. Mr. Strathman explained the vehicle will have to be put in the garage or licensed and operable in 8 to 10 days. Otherwise, it wili be towed. Gerry Strathman recommended denial of the appeal. 2. 96 Robie Street West No one appeared. Guy Willits reported this property is now in bank ownership. Gerry Strathman recommended denial of the appeal. 3. 960 Duchess Street Guy Willlts reported the vehicle is not licensed and there were tall weeds in the yard. Mary Moore, appeliant, appeared and stated the bushes were cut down. One car is gone and the other wili 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 care of the problem. �� - 9aLC MINUTES OF LEGISLATIVE HEARING July 15, 1997 Page 2 4. Resolution rarifying assessment of benefits, costs, and expenses for summary abatements for the following: , J9707A - Properiy 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. J9706B - Boazdings-up of vacant buildings for January 199�. 93 Atwater Street Guy Willits reported that the orders were mailed and a form letter was sent. The address has been checked twice. 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 caze 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 cost. Gerry Strathman xecommend approval of the assessment. 494 Lafond Avenue No one appeared. Gerry Strathman recommended approval of the assessment. 1328 Marytand Avenue East Chuck Votel staxed the City demolished the building. The total assessment--actual cost paid to the contractor who did the demolition--is $9,527.74. $438.86 of that aze the service chazges which include the processing service, five inspections, the cost of the certified resolution, the cost of mailing the documents, eta Guy Willits gave Gerry Strathman a breakdown of the costs for demolition. Chuck Crotty appeared and stated he bought this properiy from HUD. Mr. Crotty tried to find out how much demolition would cost and he got estimates from two different places. Building 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. �� , � �-y MINUTES OF LEGISLATIVE HEATtING July 15, 1997 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 Willits reported that orders were mailed four times to remove junk, old wood, the dilapidated garage, etc. The Parks and Recreation Department removed the items at a cost of $3,452. A tape of the property was viewed. Colleen Moore, owner, appeared and stated she had a problem with the amount. The workers were not there al1 day. There were six of them at first and then four. Materials were taken for her new garage. Ms. Moore stated she could not lift some things to take to the scrap yazd 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 all her t-posts for the fencing; they are $2 a post. She felt enough was literally stolen to pay for the bill. Guy Wiliits went through the detailed bill item by item. Gerry Strathman informed Mary Moore she was properly notified and the work was done. lf things were taken that should not have been, a claim against the City should be filed at the City Attomeys office. If the Ms. Moore feels the chazges are unreasonable, she can come before the Council on Wednesday, July 23. Mr. Strathman asked Ms. Moore would she like to pay the assessment over ten yeazs. Ms. Moore responded no because of the interest. Gerry Strathman recommended approval of the assessment. 1173 Sherburne Avenue Chuck Votel stated he would 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 3uly 15, 1997 Page 4 d81 Warwick 5treet South Guy Willits reported orders were mailed to remove refrigerator, couch, carpet, microwave, cushions, wood, metal, tires, and refuse from car 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 told 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 properiy 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 wifh the City Attorney's Office. Gerry Strathman recommended approval of the assessment. Vacant Lot at AsburX and Sherburne No one appeazed; Gerry Strathman recommended approval of the assessment. 5. Resotution ordering the owner fo remove or repair the buitding located at 702 Lawson Avenue East. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel reported that the owners do not care if it is demolished. Gerry Strathman recommended approval of the Public Health order. 6. Resolution ordering the owner to remove or repair the building located at 1528 Grand Avenue. If the o�vner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel reported the building was condemned in July of 1996, the building fees are unpaid, and the real estate taxes are paid. Patrick Sullivan, owner, stated the property will be repaired and rented by September 1. Gerry Strathman informed the owner he has to get a code compliance inspection done, pull the permits, post a$2,000 bond, and pay the vacant building fee. Allen Christy appeared on behalf of TCF Mortgage Corparation. a�-��y MINUTES OF LEGISLATIVE HEARING 7uly I5, 1997 Page 5 Gerry Strathman recommended the owner by given unfil3anuary I5, 1998 to rehabilitate the property if the following conditions aze met by noon of July 23: code compliance done, $20�Q bond posted, and vacant building fee paid. Resolution ordering the owner to remove or repair the bnilding located at 369 Fuller Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. No one appeared. Chuck Votel reported this building has been conveyed to Housing and Urban Development (HLTD). HUD will market the properiy. Gerry Strathman recommended approval of the Public Health order. S. Resolution ordering the owner to remove or repair the building located at 421 Wabasha Street South. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Marcella Hartman, deceased fee owner's daughter, and Clifford Nimis, family interest, appeared. Ms. Nimis stated the court has made him the administrator of the estate and the buiiding is for sale. The real estate agent has good prospects and has someone that will ciean it up. Chuck Votel reported the building was condemned in July of 1996, there are four summary abatements on the property, and a failure to pay vacant buiiding fees. Gerry Strathman stated he had a phone conversation this morning with a prospective buyer who said he had made an offer. Chuck Votel 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. q� m ��` e 1 ��a� 3 1 n f`{ Council File # • l� ►� f7� G, t � t ` _ _ _ _ _ Green Sheet # \� \ ��� � . . � . 1 � _.. ' .. . . �a , . ,_. � Presented By � Referred To MIN Committee: Date �� WHEREA5, Public Health has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood and br'tck frame three-unit building located on properiy hereinafter referred to as the "Subject Property" and comznonly known as 421 Wabasha Street South. This property is legally described as follows, to wit: � L,ot 4, Block 33, lying West of South Wabasha Street, EXCBPT the North 25 feet thereof and EXCEPT the South 30 feet thereof, "West St. Paui Proper", and that part of vacated (or abandoned) Sibley Street accruing thereto; and that part of vacated (or abandoned) Sibley Street accruing to I,ots 5 and 6, Block 34, "West St. Paul Proper", and between the North and South lines of the aforesaid parC of T,ot 4, Block 33, "West St. Paul Proper", extended East. WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by Public Health on or befare May 9, 1997, the following aze the now known interested or responslble parties for the Subject Property: Marcella Hartman, 677 Hyacinth Avenae East, St. Paul, MN 55106-1910; Marvin T. Fabyanske, Fabyanske, Svoboda et al, P.A., 920 2nd Avenue South, Mpls., MN 55402; Clifford Nimis, 1485 Glenbill Rd., St. Paul, MN 55112; Bill Hartman, 1421 York Avenue, St. Paul, MN 55107-1119; Health One Service Co. dba, Reliance Recoveries, 6160 Summit Drive, Brooklyn Center, MN 55430, Re: Allen C. Hartman; Lee Neihart, 691 Dale Street North, St. Paul, MN 55103. WAEREAS, Public Health has served in accordance with the provisions of Chapter 45 of Yhe Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated May 2, 1947; and WHBREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nnisance 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 Property by June 2, 1997; and WHEREAS, the enforcement o�cer 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 City Clerk schedule public hearings before the L.egislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and resgonsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the tune, date, place and purpose of the public hearings; and g��R�� WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, July 15, 1947 to hear testimony and evidence, and after receiving testnnony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the stcucture 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 WFIEREAS, a hearing was held before the 5aint Paul City Council on VJednesday, July 23, 1997 and the testimony and evidence 3ncluding 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 421 Wabasha Street South: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the de�ciencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Properry which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacandNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul Ciry Council hereby makes the following order: i. 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 community by rehabilitaung 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 ardinances, or in the alternative by demolishing and removing the structure in accordance with ali applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within after the date of the Councii Heazing. �o�e.�.,�ar��, e��h�-.��\8�� �t� -°tay 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 incurred against the 4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul L.egislative Code. 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 property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. It is further ordered, that a copy of tiris resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. � xequested by Department of: By : � '�,� �' � /"'�✓(�'— � ..� � �-� Adoption Certified by Council Secretary By: Approved by Mayor: Date IL`y�`� � � � ��� �--f— By: Form Approved by Cit Attorney . � By: Aonroved by Ma or oz Submission to Council l � By: Adopted by Council: Date (1s � ���i'�l t � a� -�t�.� �EPAFTMENT/OFFICE/COUNCIL DATE INITIATED *r� i(� i i� ���� Health 06-20-97 GREEN SHEET 1V 17l.J. INITIAL/DATE INITIAUDATE CANTACT PERSOtd ffi PHONE � DEPAflTMENT DIRECTOR CIN COUNCIL Charles Vote1 298-4153 ASSIGN INATfORNEY � CITYGLERK MUST BE ON COUNCIL AGEN�A BY (�ATE) ROUT NG�� BUDGET DIREGTOR O FIN. & MGL SERVICES DIR. July 23, 1997 ORDER MAY�R(ORASSI5THNT) � TOTAL # OF SIGNATIlRE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACT10N REQUESTED: City Counail 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, Public Health is ordered to remove the building_ The subject property is located at 42i Wabasha Street South. RECAMMENOA7iOnlS: appmve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNINCi CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this personffirm ever worKed untler a contract for this department? _ q8 CAMMITfEE _ YES P10 _ S7AFF Z. Has this persoNfvm 0ver beeo a cify employee? — YES NO _ oiSiAici couai _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL O&IECTIVE� YES NO Explain all yes answers on separate sheet antl attach to green sheet INITIATING PROBLEM. ISSUE, OPPORTUNIiV (Who, Whaq Wnen, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant buil8ing 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 421 Wabasha Street South by June 2, 1997, and have failed to comply with those orders. ADVANTAGESIFAPPROVED: ' The City will eliminate a nuisance. �. ( ��� @ � p R����� �� ��}� ���Y'.a73 U�liiE�! SUN 3� 5�97 �U� 25 199i ���� �� DISADVANTAGES IFAPPqOVED: - - �--?�.��°� �^` � � " 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. DISAWANTAGES IF NOT APPAOVED. A nuisance condition will remain unabated in the City. This building(s) will con�tinue to blight the community. $�, o00 - �$e, o00 iOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO Nuisance Aousing Abatement 33261 FUNDING SOURCE ACTIVI7Y NUMBER FINANGIAL INFORMATION' (EXPLAIN) SAINT PAUL PUBLIC HEALTH Neat Holmn, M.D., MP.H., Director C(TY �F SA1NT PAUL NUISANCE BUlLDINGS CODE Norm Coleman, Mayor ENFORCEMENf 555 Cedar Sueet Saint Paut, MN 55101-2260 i June 20, 1997 • NOTICE O�' PUBLIC HEARINGS Council President and Members of the City Council q�-9��1 6I1-298-4153 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: 421 Wabasha Street South The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, July 15, 1947 City Councii Hearing - Wednesday, 3ulp 23, 1997 The owners and responsible parties of record are: Name and Last Known Address Mazcella Hartman 677 Hyacinth Avenue East St. Paul, MN 55106-1910 �fl6jsiCl� . ��3 t�f Interest ��1� 26 i�97 �., �, Deceased Fee Owner's Daughter Marvin T. Fabyanske Fabyanske, Svoboda et al, P.A. 920 2nd Avenue South Mpis., MN 55402 Clifford Nimis 1485 Glenbili Rd. St. Paul, MN 55712 Attorney for Estate of Allen Hartman Family Interest q1- 9�y 421 Wabasha Street South June 20, 1997 Page 2 Name and Last Known Address Bill Hartman 1421 York Avenue St. Paui, MN 55107-1119 Health One Service Co. dba Reliance Recoveries 6160 Summit Drive Brooklyn Center, MN 55430 Re: Alien C. Harhnan Lee Neihart 691 Dale Street North St. Paul, MN 55103 The legal description of this property is: Interest Family Member Judgment Creditor Deceased Fee Owner's Son Lot 4, Block 33, lying West of South Wabasha Street, EXCEPT the North 25 feet thereof and EXCEPT the South 30 feet thereof, "4Vest St. Paul Proper", and that part of vacated (or abandoned) Sibley Street accruing thereto; and that part of vacated (or abandoned) Sibley Street accruing to Lots 5 and 6, Block 34, "West St. Paul Proper", and between the North and South lines of the aforesaid part of Lot 4, Block 33, "West St. Paul Proper", extended East. 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). a�•gay 421 Wabasha Street South 7une 20, 1997 Page 3 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 Heaith that the City Council pass a resoluflon 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, Si cerely, � � � Re ta Weiss Program Supervisor VacantJNuisance Building Unit Saint Paul Public Health RW:m1 cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Mazshall Dan Pahl, PED-Housing D'avision 01-93 xEPaxT G�� -°l1y Date: 7uly 15, 1997 Time: 1Q:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer 1. Resolurion rafifying assessment of benefits, costs, and expenses for summary abatements for the following: J9707A - Property clean-up, snow removal or sanding walks from February to April 1997. 79706C - Demolition of vacant buildings for February 1997. J97061B - Boardings-up of vacant buildings for February 1997. J9706B - Boardings-up of vacant buildings for January 1997. Legislative Hearing Officer recommended approva) of the assessments with t6e following eaception: 1173 Sherburne, assessment deleted per Public Health due to inadequate notification. 2. Vehicle abatement appeal for 960 Duchess Street; Mary Moore, appellant. Legislative Hearing Of�cer 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; Mazlin Schienbein, appellant. Legislative Hearing Officer recommended denial of the appeaL 4. Vehicle abatement appeal for 778 Charies Avenue; Joyce Ford, appellant. Legislative Hearing Officer recommended denial of the appeal. 5. Resolution ordering the owner to remove or repair the building located at 702 Lawson Avenue st. 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. 6. Resolution ordering the owner to remove or repair the building located at 1528 Grand Avenue. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. �t� -°t ay I.egislative Hearing Officer recommended the owner by given unti! 3anuary 15,1998 to �ehabilitate the property if the Pollowing conditions ace met by noon oFJuly 23: code compliance be done, $2000 bond posted, and vacant bailding fee paid. 7. Resolution ordering the owner to remove or repair the building located at 369 Fuiler Avenue. If the owner fails to compiy with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer 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 the owner fails to comply with the;esolution, Public Health is ordered to remove the building. Legislative Hearing O�cer recommended the owner be given until August 12 to complete transfer fo a new owner. ' � y �-t �i � MINUTES OF LEGISLATIVE HEARING July 15, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health; Roxanna Flink, Real Estate. Gerry Strathnaan, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 1. 778 Charles Avenue Lee Perrin 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 azea. There were general orders to cut the grass and remove the garbage not in containers. When Mr. Willits went to the address, the grass was cut and the garbage was picked up. The only item left was the uniicensed vehicle. Gerry Strathman asked was the vehicle operabie and licensed. Lee Penin stated it needs to be fixed and it is not licensed. Mr. Strathman inPormed Mr. Perrin that under City ordinance, a vehicle cannot be parked in the public unless it is Iicensed and operable. Mr. Strathman explained the vehicle will have to be put in the garage or licensed and operable in 8 to 10 days. Otherwise, it wili be towed. Gerry Strathman recommended denial of the appeal. 2. 96 Robie Street West No one appeared. Guy Willits reported this property is now in bank ownership. Gerry Strathman recommended denial of the appeal. 3. 960 Duchess Street Guy Willlts reported the vehicle is not licensed and there were tall weeds in the yard. Mary Moore, appeliant, appeared and stated the bushes were cut down. One car is gone and the other wili 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 care of the problem. �� - 9aLC MINUTES OF LEGISLATIVE HEARING July 15, 1997 Page 2 4. Resolution rarifying assessment of benefits, costs, and expenses for summary abatements for the following: , J9707A - Properiy 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. J9706B - Boazdings-up of vacant buildings for January 199�. 93 Atwater Street Guy Willits reported that the orders were mailed and a form letter was sent. The address has been checked twice. 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 caze 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 cost. Gerry Strathman xecommend approval of the assessment. 494 Lafond Avenue No one appeared. Gerry Strathman recommended approval of the assessment. 1328 Marytand Avenue East Chuck Votel staxed the City demolished the building. The total assessment--actual cost paid to the contractor who did the demolition--is $9,527.74. $438.86 of that aze the service chazges which include the processing service, five inspections, the cost of the certified resolution, the cost of mailing the documents, eta Guy Willits gave Gerry Strathman a breakdown of the costs for demolition. Chuck Crotty appeared and stated he bought this properiy from HUD. Mr. Crotty tried to find out how much demolition would cost and he got estimates from two different places. Building 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. �� , � �-y MINUTES OF LEGISLATIVE HEATtING July 15, 1997 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 Willits reported that orders were mailed four times to remove junk, old wood, the dilapidated garage, etc. The Parks and Recreation Department removed the items at a cost of $3,452. A tape of the property was viewed. Colleen Moore, owner, appeared and stated she had a problem with the amount. The workers were not there al1 day. There were six of them at first and then four. Materials were taken for her new garage. Ms. Moore stated she could not lift some things to take to the scrap yazd 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 all her t-posts for the fencing; they are $2 a post. She felt enough was literally stolen to pay for the bill. Guy Wiliits went through the detailed bill item by item. Gerry Strathman informed Mary Moore she was properly notified and the work was done. lf things were taken that should not have been, a claim against the City should be filed at the City Attomeys office. If the Ms. Moore feels the chazges are unreasonable, she can come before the Council on Wednesday, July 23. Mr. Strathman asked Ms. Moore would she like to pay the assessment over ten yeazs. Ms. Moore responded no because of the interest. Gerry Strathman recommended approval of the assessment. 1173 Sherburne Avenue Chuck Votel stated he would 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 3uly 15, 1997 Page 4 d81 Warwick 5treet South Guy Willits reported orders were mailed to remove refrigerator, couch, carpet, microwave, cushions, wood, metal, tires, and refuse from car 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 told 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 properiy 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 wifh the City Attorney's Office. Gerry Strathman recommended approval of the assessment. Vacant Lot at AsburX and Sherburne No one appeazed; Gerry Strathman recommended approval of the assessment. 5. Resotution ordering the owner fo remove or repair the buitding located at 702 Lawson Avenue East. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel reported that the owners do not care if it is demolished. Gerry Strathman recommended approval of the Public Health order. 6. Resolution ordering the owner to remove or repair the building located at 1528 Grand Avenue. If the o�vner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel reported the building was condemned in July of 1996, the building fees are unpaid, and the real estate taxes are paid. Patrick Sullivan, owner, stated the property will be repaired and rented by September 1. Gerry Strathman informed the owner he has to get a code compliance inspection done, pull the permits, post a$2,000 bond, and pay the vacant building fee. Allen Christy appeared on behalf of TCF Mortgage Corparation. a�-��y MINUTES OF LEGISLATIVE HEARING 7uly I5, 1997 Page 5 Gerry Strathman recommended the owner by given unfil3anuary I5, 1998 to rehabilitate the property if the following conditions aze met by noon of July 23: code compliance done, $20�Q bond posted, and vacant building fee paid. Resolution ordering the owner to remove or repair the bnilding located at 369 Fuller Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. No one appeared. Chuck Votel reported this building has been conveyed to Housing and Urban Development (HLTD). HUD will market the properiy. Gerry Strathman recommended approval of the Public Health order. S. Resolution ordering the owner to remove or repair the building located at 421 Wabasha Street South. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Marcella Hartman, deceased fee owner's daughter, and Clifford Nimis, family interest, appeared. Ms. Nimis stated the court has made him the administrator of the estate and the buiiding is for sale. The real estate agent has good prospects and has someone that will ciean it up. Chuck Votel reported the building was condemned in July of 1996, there are four summary abatements on the property, and a failure to pay vacant buiiding fees. Gerry Strathman stated he had a phone conversation this morning with a prospective buyer who said he had made an offer. Chuck Votel 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.