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98-1113y ORlG1NAL Presented By Referred To Council File # �0 ���� i Green Sheet # + ,� Committee: Date WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessiry of ordering the repair or wrecking and removal of a two-story, wood frame structure with a detached, two-stall, wood frame garage and smail frame shed behind the house located on property hereinafter referred to as the "Subject Property" and commonly l�own as 83 Douglas Street. This properiy is legally described as follows, to wit: Lots 4 and 5, Geo. Benz Sub. St. Paul, Minn. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before June 18, 1997, the following are the now known interested or responsible parties for the Subject Property: L,awrence W. I,awyer, 231 Dayton Avenue #101, St. Paul, MN 55102; Norwest Bank Minnesota, NA, Sixth and Marquette Avenue, Mpls., MN 55479; Endura Construction Specialties, Inc., DBA /New Rooms and Spaces, 3339 Major Avenue North, Golden Valley, MN 55422; Metro Home Insulation, Inc., 12002 12th Avenue South, Burnsville, MN 55337, Re: Lien vs. Lawrence Lawyer; Dana D. Strandmo, 6800 France Avenue South, Ste. 600, Edina, MN 55435 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s}" dated June 30, 1997; and WHEREAS, this order informed the then known interested or responsibie parties that the structure located on the Subject Properiy is a nuisance buiiding(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the suucture located on the Subject Property by July 30, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Praperty deciaring this building(s) to constitute a iruisance condition; subject to demolition; and WHEREAS, tlus nuisance condition has not been corrected and Public Health requested that the Ciry 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 responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and 98-/!/ WHEREAS, a hearing was held before the I.egislative Hearing Officer of the Saint Paul City Council on Tuesday, February 3, 1998 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safery and welfare and remove its blighting influence on the community by rehabilitating this strucmre in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, February 11, 1998 and the testunony and evidence including the action taken by the Legislative Hearing Off'icer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testnnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceruiug the Subject Property at 83 Douglas Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Izgislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacanUNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject 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 a11 deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 9� ��/ i 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective action is not completed within this period of time the Public Health, Code Enfarcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incuned against the Subject Property pursuant to the provisions of Chapter 45 of the 5aint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all petsonal properiy or £ixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is fiuther ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L,egislative Code. ORIGINAL Requested by Department o£: Fir • Code Enforcement Division By: �� � Adoption Certified by Council Searetary By: Appx By: Form Approved by City Attorney By: /� L�t �F1� �� (- 2 U'�� Approved by Mayor for Submission to Council Adopted by Council : Date � � _�� �q�$" 9�-1JJ Code Enforcement Programs �az1�e� o�te�292-7718 11, 1998 � 01I09J98 ��� � nou,v,c orsooe SOTAL # OF SIGNATURE PAGES GREEN SHEET L:-L:u_=:LL�.::l�u�.3 No 61556 � �,,,.�, �Y f za-44 ❑ a,,.«� ❑.,�.���� ❑..�.��,�.a �r�voa�oxnearsr�xn ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) City Council 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 resolurion, Public Health is ordered to remove the building. The subject property is located at 83 Douglas Street. PLANNING COMMISSION CIB COMMITTEE CIViI SERVICE COMMISSION FI� 1hk PQISOIKIRI CRf WOfI(!d UME! 8 fAl1�18CI (W �hIB UBP3IIRIEIII� YES NO Has thie 7e�K�m ever heen a dtY emPbY�� YES NO Dcesthis peisoMnn p� a sidN not nwm�lyDossesseU b�/ anY ��Re�t c�Y emP�o7ee? VES NO Is this persoNPom a targMetl ve�Malt , YES ND " This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in - Chapter �l3 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 builtling at 83 Donglas Street by Ju1y 3Q, 1947, and haue failed to comply with those orders. .�CCrL'4u. tJA,Y G!r ��9$ The City will eiiminate a nuisance. , "� . YOR"� ��' - � � �W� �� ';x �� �� i1SADVANTAGESiFAPPROVED 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. �will remain unabated in the City. This building(s) will continue to blight the community. ao,�uv - a7,vvv IOUNT OF TRANSAC'f10N S Nuisance Housang Abatement SOURCE COSTrttEVENUE BU06ETED (CIRCLE ON� ncrmrv NursEn L`L•77 INFORMATION (EXPWN) DEP,�RT�SEN'I' OF FIRE AND SAFETY SERVICE$ G Jg^�f, Timolhy K Fu!ler, Fire CHief DN[S10N OF PROPERIY CODE ENFORCEMENT Chartes Yatel, Program Drre<tor CTI'Y OF SAINf PAIJI., Nuisance Building Code Enforcement Norm Colem¢n, Mayor S55 Cedar Streel Tel.� 612-298-SI53 Saint Pau� �LLY 55101-?260 Fax: 612-232-2770 i Tanuary 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Councii Saint Paul Public Fiealth, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public heuings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 83 Douglas Street The City Council has scheduled the date of these hearings as foliows: Legislative Hearing - Tuesday, February 3, 1998 City Council Hearing - Wednesday, February 11, 1998 The owners and responsibie parties of record are: Name and I,ast Known Address Lawrence W. Lawyer 231 Dayton Avenue #101 St. Paul, MN 55102 Interest Fee Owner Norwest Bank Minnesota, NA Sixth and Marquette Avenue Mpis., MN 55479 Bndura Construction Specialties, Inc DBA /New Rooms and Spaces 3339 Major Avenue North Golden Valiey, MN 55422 Metro Home Insulation, Inc. 12002 12th Avenue South Burnsville, MN 55337 Re; Lien vs. L,awrence Lawyer Mortgagee Mortgagee Lien Holder 9Q-ii/ 83 Douglas Street 7anuary 9, 1998 Page 2 Name and Iast Known Address Interest Dana D. Strandmo Attomey for Creditor b800 France Avenue South, Ste. 600 Edina, MN 55435 The legal description of this properry is: I.ots 4 and 5, Geo. Benz Sub. St. Paul, Minn. Saint Paui Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Heaith has issued an order to the then known responsibie parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the communiry continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Councii pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a tunely 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 speciai assessment to be collected in the same manner as taxes. Sinc r ly, � e � Reneta� eiss Program Supervisor VacandNuisance Building Unit Saint Paui Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, Ciry Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PEA-Housing Division [1�Q!IC3 9�'-i�� MINUTES OF LEGISLATIVE HEARING February 3, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing O�cer STAFF PRESENT: Chuck Votel and Guy Willits, Public Health Gerry Suathman, Legislative Hearing Off'icer, calied the meeting to order at 10:02 a.m. 1173 Bradlev Street Arthur Morrison, owner, stated he plans to file taxes today and should have money in a month. He will use it to take care of the problems. All the businesses he has wntacted aze busy now. Getry Strathman asked Mr. Morrison can he take care of the debris in the yard right away. Mr. Momson responded yes. Mr. Strathman asked when the stairs and shed will be taken care of. Mr. Morrison responded the stairs are blocked off and he is going to get an estimate. Gerry Suathman recommended denying ihe appeal but giving the owner until February 9, 1998 to clean up the yard and until March 3, 1998 to remove the reaz exterior stairs and the storage shed. Arthur Morrison asked could he fix the shed. Mr. Strathman responded it has to be removed or repaired, but the repairs have to be done in an acceptable fashion. 9 Acker Street West (Laid over from December 2, 1997) Chuck Votel reported that Standard Federal Bank owns the property as of January 17, 199$. The owners stated their intention is to get a code compliance inspection and seil the property. James Geske asked for a postponement and some time to pay the vacant building fee, get a code compliance inspection, and try to sell the property. Gerry Strathman asked would the home be sold as is. Mr. Geske responded he did not know the owner's intentions. Mr. Strathman asked how long it would take to get the building sold, repaired, and back in shape. Mr. Geske suggested 6 months. Mr. Strathman stated he wouid lay over this item to May 5, 1998. Chuck Vote] had no problem with the layover. 83 Dou�las Street Chuck Votel reported this has been vacant since March 1996. The current property owner is Lawrence Lawyer; Mr. Votel has not heard from him. Six summary abatement notices have been issued. The vacant building fees and real estate tases are paid. On October 2, 1997, a code comp]iance inspection was done and the $2,000 bond posted. The cost to repair is $40,000, and the cost to demolish is $6,670. 3ohn Ortez, 309 Harrison Avenue, appeared and stated he is interested in acquiring the property, but he did not know what needed to be repaired. Gerry Strathman responded the repairs are 9�-ii� MINUTES OF L,EGISLATIVE HEARING OF FEBRUARY 3, 1998 Page 2 extensive with problems such as plumbing, electrical, heating, zoning. Mr. Strathman asked did Mr. Ortez have any contact with the owner. Mr. Ortez responded no. Mr. Strathman explained that the owner has to come forward to deal with this property, post a bond, and give a plan for rehabilitating the building. If Mr. Ortez can make contact with the owner and come back with financial resources, the situation can be looked into. Gerry Strathman recommends approval of the 15 day order to remove or repair the building. Betty Moran, West 7�' Street Federation, appeued and stated she agreed with the recommendation. 758 Lafond Avenue Joanne Berchard, 308 W. Rose Avenue, appeared and stated her pazents owned the property. She hasn't been in the house since June 6, 1995 when her father died. Her sister and four children were living there. Evidently, ]ast summer the residence was bug infested. Chuck Votel reported the building was condemned in August 1997. Two summary abatement notices have been issued. The vacant building registration fees and 1995-1997 real estate tases are due. Carol Erickson, heir to the property, has not discussed her intentions with Public Health. The cost to repair is $40,000 and the cost to demolish is $7,500. Gerry Strathman stated there is an HRA mortgage on this property and a lien. Someone wiil have to establish ownership and take responsibility for the building. Chuck Votel explained the owner has died and there are a number of potential heirs. Given the fact the buiiding is condemned, in a serious state of disrepair, and absent anyone to show c]eaz ownership and resources to repair it, Gerry Strathman recommends approvai of the 15 day order to remove or repair the building. Joanne Berchazd asked how she could tell what needed to be done. Gerry Strathman responded she should order a code compliance inspection. Chuck Votel added she could get a copy of the Public Health Department's Division of Code Enforcement Order to Abate which lists deficiencies. Ms. Berchard viewed photos of the house and said she would like a chance to fix it. Mr. Strathman told Ms. Bernard she should get control of the property, post a$2,000 bond, and start the repair. Absent that, Mr. Strathman reiterated his recommendation for removal of the building. 1107 Suburban Avenue Jeanne Balzano, ]45 W. Winifred, appeazed and stated the house was for her daughter who is ill and not able to come in. Ms. Balzano's fiance signed for the owner of the house. 9�' /�i MINUTES OF LEGISI,ATIVE HEARING OF FEBRUARY 3, 1998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The current properiy owners aze listed as William H. Demazs, Jr. and Lisa Balzano. They have stated they would like to renovate the building but have not made significant progzess. Five summary abatements have been issued for yazd work and snow removal. Real Estate tases are unpaid. A code compliance inspe�tion was done. A$2,000 bond was forfeited because repairs were not completed_ The estimated cost to repair is $20,000 and the cost to demolish is $5,600. Jeanne Balzano stated she had a code compiiance done February 2, 1998. A]ot of work has been done. HUD had done some of it. The Truth-in-Housing was violated and her family is planning to pursue that. Every piece of plumbing has been replaced and it should pass inspection. A licensed plumber needs to be cailed. There was no insulation in the house. The house has now been insulated from top to down. The entire furnace had to be replaced. Ms. Balzano has gone over everything with the furnace inspector. About 80% of the sheet rock has been changed. There are smal] things to fix at this point. The inspector complained about switch plate covers being off, but they were off because of painting and wall priming. The ceiling fixture in the living room was down because it was recently sprayed and it was decided to leave it down because of leakage in that area. Ms. Balzano stated she has had some health problems. It was tough coming up with the $2,000 bond and it was even tougher to lose it. The house is close to being done. Some things will have to wait until spring for repair. Gerry Strathman asked was anyone 3iving there now. Jeanne Balzano responded no but someone could because there is heat, sufficient plumbing, new appiiances, new cabinets, new flooring, new floor covering, and new insulation. Gerry Strathman asked for the last ume an inspector has been at the building. Chuck Votel responded there was a call the other day about dirt and snow on the sidewalk, but the last time inspectors were inside of the house was on December 15, 1997. Gerry Strathman stated if what 7eanne Balzano is correct, then this building is not a candidate for demolition. He asked when this house wouid be finished and ready for occupancy. Ms. Balzano responded the concrete front steps have to be replaced, but that cannot be done until spring. The ground has to be thawed for the retaining wall also. Jeanne Baizano added one of her neighbors has been complaining about structural damage to the neighbor's home caused by ihe retaining wall. This neighbor has been calling the police and causing other problems. She has refused to work with an arbitrator. The retaining wall is completely off of her property. According to the neighbor's mother, they have received a settlement from Twin City Federal for $20,000 for water damage. The water damage was done by the previous owner of 1107 Suburban. Gene Adkins, Hitchcock Firm, appeared and stated he represents the neighbor Karen Rustad at 1113 Suburban. The property at 1107 Suburban has caused problems at Ms. Rustad's house due to the retaining wall. There is a cement concrete footing that is being pushed into Ms. Rustad's 98-��i MINUTES OF LECsISLATIVE HEARING OF FEBRUARY 3, 1998 Page 4 property. Jeanne Baizano responded that is not the impression of the engineer called in by Don Wagner of the License Inspections and Environmental Protection (LIEP) Office. Gerry Strathman stated this is a civil dispute and is not something that can be resolved here. Gerry Strathman stated given the representation of all the work that has been done on this buiiding, it would not be a candidate for removal at this time, however Mr. Strathman is troubled by the long and sordid history of this property. Mr. Strathman recommended an additional four months to complete the rehabilitation of this building, subject to ihe posting of another $2,0�0 bond by noon of February 11, 1998. Jeanne Balzano stated that is �nancially very hard. Mr. Strathman responded the money will be returned if the work is completed. Karen Rustad, 1113 Suburban, appeazed and stated she had an architectural engineer at her house. She presented a letter to Gerry Suathman. Ms. Rustad stated she had to remove part of the retaining wail because the City gave her a correction notice to do so. Gerry Strathman reiterated that the issue about the retaining wall cannot be dealt with here. He returned the letter to Ms. Rustad. Gerry Strathman stated the City Councii wi11 not get into tUe matter of the retainang wa11 either, but recommended Jeanne Balzano appeaz at the Council meeting on February 11 since there may be a dispute. The Legislative Hearing Officer recommends 4 months to comp]ete the rehabilitation on condition that a$2,000 bond is posted by noon of February 11, 1998. 2125 Waukon Avenue Chuck Votel reported the house was condemned in May 1997. One summary abatement order was issued to secure the building. An order to abate a nuisance building was issued in October 1997. The vacant building fees are due. The real estate t�es aze paid. The es6mated cost to repair is $30,000 and the cost to demolish is $5,500. John Nelson and Larry Asche, both from TCF Bank, appeared at the meeting. Mr. Nelson stated this is a property that TCF Bank was forced to take back. TCF was notified in 7anuary 1997 that there was a condemnation order. They plan to mazket the property. Mr. Asche is the property manager. He will make arrangements to post the vacant building fee and get a code compliance report. TCF Bank would like additional time to get the property sold. Geiry Strathman recommended a]ayover to May 5, 1998. Hopefully in three months there will be a new owner who will post the bonds and initiate the necessary repairs. The meeting was adjoumed at 10:51 a.m. 98-/t/ REPORT Date: February 3, 199& Time: 10:00 a.m. Place: Room 330 City Hail 15 West Kellogg Boulevard LEGISLATNE HEARING Gerry 3trathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Laid over from December 2, 1997) The L.egislative Hearing Officer laid over this item to May 5, 1998. 2. Resolution ordering the owner to remove or repair the buiiding located at 83 Dougl_as_ Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 3. Resolution ordering the owner to remove or repair the building located at 758 Lafond Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I,egislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 4. Resolution ordering the owner to remove or repair the building ]ocated at 1107 Suburban Avenue. If the owner fails to comply with the resolufion, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February I 1, 1998. 5. Resolution ordering the owner to remove or repair the building ]ocated at 2125 Waukon Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislative Heazing Officer laid over this item to May 5, 1998. 9�-ii/ LEGISLATNE HEARING REPORT, 2-3-1498 6. Summary Abatement Order regazding properry located at 1173 Bradlev Street. Page 2 The Legislative Hearing Officer recommends denying the appeal but giving the owner until February 9, 1998 to ciean up the yard and until Mazch 3, 1998 to remove the rear exterior stairs and the storage shed. 3y ORlG1NAL Presented By Referred To Council File # �0 ���� i Green Sheet # + ,� Committee: Date WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessiry of ordering the repair or wrecking and removal of a two-story, wood frame structure with a detached, two-stall, wood frame garage and smail frame shed behind the house located on property hereinafter referred to as the "Subject Property" and commonly l�own as 83 Douglas Street. This properiy is legally described as follows, to wit: Lots 4 and 5, Geo. Benz Sub. St. Paul, Minn. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before June 18, 1997, the following are the now known interested or responsible parties for the Subject Property: L,awrence W. I,awyer, 231 Dayton Avenue #101, St. Paul, MN 55102; Norwest Bank Minnesota, NA, Sixth and Marquette Avenue, Mpls., MN 55479; Endura Construction Specialties, Inc., DBA /New Rooms and Spaces, 3339 Major Avenue North, Golden Valley, MN 55422; Metro Home Insulation, Inc., 12002 12th Avenue South, Burnsville, MN 55337, Re: Lien vs. Lawrence Lawyer; Dana D. Strandmo, 6800 France Avenue South, Ste. 600, Edina, MN 55435 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s}" dated June 30, 1997; and WHEREAS, this order informed the then known interested or responsibie parties that the structure located on the Subject Properiy is a nuisance buiiding(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the suucture located on the Subject Property by July 30, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Praperty deciaring this building(s) to constitute a iruisance condition; subject to demolition; and WHEREAS, tlus nuisance condition has not been corrected and Public Health requested that the Ciry 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 responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and 98-/!/ WHEREAS, a hearing was held before the I.egislative Hearing Officer of the Saint Paul City Council on Tuesday, February 3, 1998 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safery and welfare and remove its blighting influence on the community by rehabilitating this strucmre in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, February 11, 1998 and the testunony and evidence including the action taken by the Legislative Hearing Off'icer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testnnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceruiug the Subject Property at 83 Douglas Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Izgislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacanUNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject 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 a11 deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 9� ��/ i 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective action is not completed within this period of time the Public Health, Code Enfarcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incuned against the Subject Property pursuant to the provisions of Chapter 45 of the 5aint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all petsonal properiy or £ixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is fiuther ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L,egislative Code. ORIGINAL Requested by Department o£: Fir • Code Enforcement Division By: �� � Adoption Certified by Council Searetary By: Appx By: Form Approved by City Attorney By: /� L�t �F1� �� (- 2 U'�� Approved by Mayor for Submission to Council Adopted by Council : Date � � _�� �q�$" 9�-1JJ Code Enforcement Programs �az1�e� o�te�292-7718 11, 1998 � 01I09J98 ��� � nou,v,c orsooe SOTAL # OF SIGNATURE PAGES GREEN SHEET L:-L:u_=:LL�.::l�u�.3 No 61556 � �,,,.�, �Y f za-44 ❑ a,,.«� ❑.,�.���� ❑..�.��,�.a �r�voa�oxnearsr�xn ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) City Council 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 resolurion, Public Health is ordered to remove the building. The subject property is located at 83 Douglas Street. PLANNING COMMISSION CIB COMMITTEE CIViI SERVICE COMMISSION FI� 1hk PQISOIKIRI CRf WOfI(!d UME! 8 fAl1�18CI (W �hIB UBP3IIRIEIII� YES NO Has thie 7e�K�m ever heen a dtY emPbY�� YES NO Dcesthis peisoMnn p� a sidN not nwm�lyDossesseU b�/ anY ��Re�t c�Y emP�o7ee? VES NO Is this persoNPom a targMetl ve�Malt , YES ND " This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in - Chapter �l3 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 builtling at 83 Donglas Street by Ju1y 3Q, 1947, and haue failed to comply with those orders. .�CCrL'4u. tJA,Y G!r ��9$ The City will eiiminate a nuisance. , "� . YOR"� ��' - � � �W� �� ';x �� �� i1SADVANTAGESiFAPPROVED 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. �will remain unabated in the City. This building(s) will continue to blight the community. ao,�uv - a7,vvv IOUNT OF TRANSAC'f10N S Nuisance Housang Abatement SOURCE COSTrttEVENUE BU06ETED (CIRCLE ON� ncrmrv NursEn L`L•77 INFORMATION (EXPWN) DEP,�RT�SEN'I' OF FIRE AND SAFETY SERVICE$ G Jg^�f, Timolhy K Fu!ler, Fire CHief DN[S10N OF PROPERIY CODE ENFORCEMENT Chartes Yatel, Program Drre<tor CTI'Y OF SAINf PAIJI., Nuisance Building Code Enforcement Norm Colem¢n, Mayor S55 Cedar Streel Tel.� 612-298-SI53 Saint Pau� �LLY 55101-?260 Fax: 612-232-2770 i Tanuary 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Councii Saint Paul Public Fiealth, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public heuings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 83 Douglas Street The City Council has scheduled the date of these hearings as foliows: Legislative Hearing - Tuesday, February 3, 1998 City Council Hearing - Wednesday, February 11, 1998 The owners and responsibie parties of record are: Name and I,ast Known Address Lawrence W. Lawyer 231 Dayton Avenue #101 St. Paul, MN 55102 Interest Fee Owner Norwest Bank Minnesota, NA Sixth and Marquette Avenue Mpis., MN 55479 Bndura Construction Specialties, Inc DBA /New Rooms and Spaces 3339 Major Avenue North Golden Valiey, MN 55422 Metro Home Insulation, Inc. 12002 12th Avenue South Burnsville, MN 55337 Re; Lien vs. L,awrence Lawyer Mortgagee Mortgagee Lien Holder 9Q-ii/ 83 Douglas Street 7anuary 9, 1998 Page 2 Name and Iast Known Address Interest Dana D. Strandmo Attomey for Creditor b800 France Avenue South, Ste. 600 Edina, MN 55435 The legal description of this properry is: I.ots 4 and 5, Geo. Benz Sub. St. Paul, Minn. Saint Paui Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Heaith has issued an order to the then known responsibie parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the communiry continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Councii pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a tunely 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 speciai assessment to be collected in the same manner as taxes. Sinc r ly, � e � Reneta� eiss Program Supervisor VacandNuisance Building Unit Saint Paui Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, Ciry Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PEA-Housing Division [1�Q!IC3 9�'-i�� MINUTES OF LEGISLATIVE HEARING February 3, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing O�cer STAFF PRESENT: Chuck Votel and Guy Willits, Public Health Gerry Suathman, Legislative Hearing Off'icer, calied the meeting to order at 10:02 a.m. 1173 Bradlev Street Arthur Morrison, owner, stated he plans to file taxes today and should have money in a month. He will use it to take care of the problems. All the businesses he has wntacted aze busy now. Getry Strathman asked Mr. Morrison can he take care of the debris in the yard right away. Mr. Momson responded yes. Mr. Strathman asked when the stairs and shed will be taken care of. Mr. Morrison responded the stairs are blocked off and he is going to get an estimate. Gerry Suathman recommended denying ihe appeal but giving the owner until February 9, 1998 to clean up the yard and until March 3, 1998 to remove the reaz exterior stairs and the storage shed. Arthur Morrison asked could he fix the shed. Mr. Strathman responded it has to be removed or repaired, but the repairs have to be done in an acceptable fashion. 9 Acker Street West (Laid over from December 2, 1997) Chuck Votel reported that Standard Federal Bank owns the property as of January 17, 199$. The owners stated their intention is to get a code compliance inspection and seil the property. James Geske asked for a postponement and some time to pay the vacant building fee, get a code compliance inspection, and try to sell the property. Gerry Strathman asked would the home be sold as is. Mr. Geske responded he did not know the owner's intentions. Mr. Strathman asked how long it would take to get the building sold, repaired, and back in shape. Mr. Geske suggested 6 months. Mr. Strathman stated he wouid lay over this item to May 5, 1998. Chuck Vote] had no problem with the layover. 83 Dou�las Street Chuck Votel reported this has been vacant since March 1996. The current property owner is Lawrence Lawyer; Mr. Votel has not heard from him. Six summary abatement notices have been issued. The vacant building fees and real estate tases are paid. On October 2, 1997, a code comp]iance inspection was done and the $2,000 bond posted. The cost to repair is $40,000, and the cost to demolish is $6,670. 3ohn Ortez, 309 Harrison Avenue, appeared and stated he is interested in acquiring the property, but he did not know what needed to be repaired. Gerry Strathman responded the repairs are 9�-ii� MINUTES OF L,EGISLATIVE HEARING OF FEBRUARY 3, 1998 Page 2 extensive with problems such as plumbing, electrical, heating, zoning. Mr. Strathman asked did Mr. Ortez have any contact with the owner. Mr. Ortez responded no. Mr. Strathman explained that the owner has to come forward to deal with this property, post a bond, and give a plan for rehabilitating the building. If Mr. Ortez can make contact with the owner and come back with financial resources, the situation can be looked into. Gerry Strathman recommends approval of the 15 day order to remove or repair the building. Betty Moran, West 7�' Street Federation, appeued and stated she agreed with the recommendation. 758 Lafond Avenue Joanne Berchard, 308 W. Rose Avenue, appeared and stated her pazents owned the property. She hasn't been in the house since June 6, 1995 when her father died. Her sister and four children were living there. Evidently, ]ast summer the residence was bug infested. Chuck Votel reported the building was condemned in August 1997. Two summary abatement notices have been issued. The vacant building registration fees and 1995-1997 real estate tases are due. Carol Erickson, heir to the property, has not discussed her intentions with Public Health. The cost to repair is $40,000 and the cost to demolish is $7,500. Gerry Strathman stated there is an HRA mortgage on this property and a lien. Someone wiil have to establish ownership and take responsibility for the building. Chuck Votel explained the owner has died and there are a number of potential heirs. Given the fact the buiiding is condemned, in a serious state of disrepair, and absent anyone to show c]eaz ownership and resources to repair it, Gerry Strathman recommends approvai of the 15 day order to remove or repair the building. Joanne Berchazd asked how she could tell what needed to be done. Gerry Strathman responded she should order a code compliance inspection. Chuck Votel added she could get a copy of the Public Health Department's Division of Code Enforcement Order to Abate which lists deficiencies. Ms. Berchard viewed photos of the house and said she would like a chance to fix it. Mr. Strathman told Ms. Bernard she should get control of the property, post a$2,000 bond, and start the repair. Absent that, Mr. Strathman reiterated his recommendation for removal of the building. 1107 Suburban Avenue Jeanne Balzano, ]45 W. Winifred, appeazed and stated the house was for her daughter who is ill and not able to come in. Ms. Balzano's fiance signed for the owner of the house. 9�' /�i MINUTES OF LEGISI,ATIVE HEARING OF FEBRUARY 3, 1998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The current properiy owners aze listed as William H. Demazs, Jr. and Lisa Balzano. They have stated they would like to renovate the building but have not made significant progzess. Five summary abatements have been issued for yazd work and snow removal. Real Estate tases are unpaid. A code compliance inspe�tion was done. A$2,000 bond was forfeited because repairs were not completed_ The estimated cost to repair is $20,000 and the cost to demolish is $5,600. Jeanne Balzano stated she had a code compiiance done February 2, 1998. A]ot of work has been done. HUD had done some of it. The Truth-in-Housing was violated and her family is planning to pursue that. Every piece of plumbing has been replaced and it should pass inspection. A licensed plumber needs to be cailed. There was no insulation in the house. The house has now been insulated from top to down. The entire furnace had to be replaced. Ms. Balzano has gone over everything with the furnace inspector. About 80% of the sheet rock has been changed. There are smal] things to fix at this point. The inspector complained about switch plate covers being off, but they were off because of painting and wall priming. The ceiling fixture in the living room was down because it was recently sprayed and it was decided to leave it down because of leakage in that area. Ms. Balzano stated she has had some health problems. It was tough coming up with the $2,000 bond and it was even tougher to lose it. The house is close to being done. Some things will have to wait until spring for repair. Gerry Strathman asked was anyone 3iving there now. Jeanne Balzano responded no but someone could because there is heat, sufficient plumbing, new appiiances, new cabinets, new flooring, new floor covering, and new insulation. Gerry Strathman asked for the last ume an inspector has been at the building. Chuck Votel responded there was a call the other day about dirt and snow on the sidewalk, but the last time inspectors were inside of the house was on December 15, 1997. Gerry Strathman stated if what 7eanne Balzano is correct, then this building is not a candidate for demolition. He asked when this house wouid be finished and ready for occupancy. Ms. Balzano responded the concrete front steps have to be replaced, but that cannot be done until spring. The ground has to be thawed for the retaining wall also. Jeanne Baizano added one of her neighbors has been complaining about structural damage to the neighbor's home caused by ihe retaining wall. This neighbor has been calling the police and causing other problems. She has refused to work with an arbitrator. The retaining wall is completely off of her property. According to the neighbor's mother, they have received a settlement from Twin City Federal for $20,000 for water damage. The water damage was done by the previous owner of 1107 Suburban. Gene Adkins, Hitchcock Firm, appeared and stated he represents the neighbor Karen Rustad at 1113 Suburban. The property at 1107 Suburban has caused problems at Ms. Rustad's house due to the retaining wall. There is a cement concrete footing that is being pushed into Ms. Rustad's 98-��i MINUTES OF LECsISLATIVE HEARING OF FEBRUARY 3, 1998 Page 4 property. Jeanne Baizano responded that is not the impression of the engineer called in by Don Wagner of the License Inspections and Environmental Protection (LIEP) Office. Gerry Strathman stated this is a civil dispute and is not something that can be resolved here. Gerry Strathman stated given the representation of all the work that has been done on this buiiding, it would not be a candidate for removal at this time, however Mr. Strathman is troubled by the long and sordid history of this property. Mr. Strathman recommended an additional four months to complete the rehabilitation of this building, subject to ihe posting of another $2,0�0 bond by noon of February 11, 1998. Jeanne Balzano stated that is �nancially very hard. Mr. Strathman responded the money will be returned if the work is completed. Karen Rustad, 1113 Suburban, appeazed and stated she had an architectural engineer at her house. She presented a letter to Gerry Suathman. Ms. Rustad stated she had to remove part of the retaining wail because the City gave her a correction notice to do so. Gerry Strathman reiterated that the issue about the retaining wall cannot be dealt with here. He returned the letter to Ms. Rustad. Gerry Strathman stated the City Councii wi11 not get into tUe matter of the retainang wa11 either, but recommended Jeanne Balzano appeaz at the Council meeting on February 11 since there may be a dispute. The Legislative Hearing Officer recommends 4 months to comp]ete the rehabilitation on condition that a$2,000 bond is posted by noon of February 11, 1998. 2125 Waukon Avenue Chuck Votel reported the house was condemned in May 1997. One summary abatement order was issued to secure the building. An order to abate a nuisance building was issued in October 1997. The vacant building fees are due. The real estate t�es aze paid. The es6mated cost to repair is $30,000 and the cost to demolish is $5,500. John Nelson and Larry Asche, both from TCF Bank, appeared at the meeting. Mr. Nelson stated this is a property that TCF Bank was forced to take back. TCF was notified in 7anuary 1997 that there was a condemnation order. They plan to mazket the property. Mr. Asche is the property manager. He will make arrangements to post the vacant building fee and get a code compliance report. TCF Bank would like additional time to get the property sold. Geiry Strathman recommended a]ayover to May 5, 1998. Hopefully in three months there will be a new owner who will post the bonds and initiate the necessary repairs. The meeting was adjoumed at 10:51 a.m. 98-/t/ REPORT Date: February 3, 199& Time: 10:00 a.m. Place: Room 330 City Hail 15 West Kellogg Boulevard LEGISLATNE HEARING Gerry 3trathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Laid over from December 2, 1997) The L.egislative Hearing Officer laid over this item to May 5, 1998. 2. Resolution ordering the owner to remove or repair the buiiding located at 83 Dougl_as_ Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 3. Resolution ordering the owner to remove or repair the building located at 758 Lafond Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I,egislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 4. Resolution ordering the owner to remove or repair the building ]ocated at 1107 Suburban Avenue. If the owner fails to comply with the resolufion, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February I 1, 1998. 5. Resolution ordering the owner to remove or repair the building ]ocated at 2125 Waukon Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislative Heazing Officer laid over this item to May 5, 1998. 9�-ii/ LEGISLATNE HEARING REPORT, 2-3-1498 6. Summary Abatement Order regazding properry located at 1173 Bradlev Street. Page 2 The Legislative Hearing Officer recommends denying the appeal but giving the owner until February 9, 1998 to ciean up the yard and until Mazch 3, 1998 to remove the rear exterior stairs and the storage shed. 3y ORlG1NAL Presented By Referred To Council File # �0 ���� i Green Sheet # + ,� Committee: Date WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessiry of ordering the repair or wrecking and removal of a two-story, wood frame structure with a detached, two-stall, wood frame garage and smail frame shed behind the house located on property hereinafter referred to as the "Subject Property" and commonly l�own as 83 Douglas Street. This properiy is legally described as follows, to wit: Lots 4 and 5, Geo. Benz Sub. St. Paul, Minn. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before June 18, 1997, the following are the now known interested or responsible parties for the Subject Property: L,awrence W. I,awyer, 231 Dayton Avenue #101, St. Paul, MN 55102; Norwest Bank Minnesota, NA, Sixth and Marquette Avenue, Mpls., MN 55479; Endura Construction Specialties, Inc., DBA /New Rooms and Spaces, 3339 Major Avenue North, Golden Valley, MN 55422; Metro Home Insulation, Inc., 12002 12th Avenue South, Burnsville, MN 55337, Re: Lien vs. Lawrence Lawyer; Dana D. Strandmo, 6800 France Avenue South, Ste. 600, Edina, MN 55435 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s}" dated June 30, 1997; and WHEREAS, this order informed the then known interested or responsibie parties that the structure located on the Subject Properiy is a nuisance buiiding(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the suucture located on the Subject Property by July 30, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Praperty deciaring this building(s) to constitute a iruisance condition; subject to demolition; and WHEREAS, tlus nuisance condition has not been corrected and Public Health requested that the Ciry 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 responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and 98-/!/ WHEREAS, a hearing was held before the I.egislative Hearing Officer of the Saint Paul City Council on Tuesday, February 3, 1998 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safery and welfare and remove its blighting influence on the community by rehabilitating this strucmre in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, February 11, 1998 and the testunony and evidence including the action taken by the Legislative Hearing Off'icer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testnnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceruiug the Subject Property at 83 Douglas Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Izgislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacanUNuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject 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 a11 deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 9� ��/ i 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective action is not completed within this period of time the Public Health, Code Enfarcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incuned against the Subject Property pursuant to the provisions of Chapter 45 of the 5aint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all petsonal properiy or £ixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is fiuther ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L,egislative Code. ORIGINAL Requested by Department o£: Fir • Code Enforcement Division By: �� � Adoption Certified by Council Searetary By: Appx By: Form Approved by City Attorney By: /� L�t �F1� �� (- 2 U'�� Approved by Mayor for Submission to Council Adopted by Council : Date � � _�� �q�$" 9�-1JJ Code Enforcement Programs �az1�e� o�te�292-7718 11, 1998 � 01I09J98 ��� � nou,v,c orsooe SOTAL # OF SIGNATURE PAGES GREEN SHEET L:-L:u_=:LL�.::l�u�.3 No 61556 � �,,,.�, �Y f za-44 ❑ a,,.«� ❑.,�.���� ❑..�.��,�.a �r�voa�oxnearsr�xn ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) City Council 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 resolurion, Public Health is ordered to remove the building. The subject property is located at 83 Douglas Street. PLANNING COMMISSION CIB COMMITTEE CIViI SERVICE COMMISSION FI� 1hk PQISOIKIRI CRf WOfI(!d UME! 8 fAl1�18CI (W �hIB UBP3IIRIEIII� YES NO Has thie 7e�K�m ever heen a dtY emPbY�� YES NO Dcesthis peisoMnn p� a sidN not nwm�lyDossesseU b�/ anY ��Re�t c�Y emP�o7ee? VES NO Is this persoNPom a targMetl ve�Malt , YES ND " This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in - Chapter �l3 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 builtling at 83 Donglas Street by Ju1y 3Q, 1947, and haue failed to comply with those orders. .�CCrL'4u. tJA,Y G!r ��9$ The City will eiiminate a nuisance. , "� . YOR"� ��' - � � �W� �� ';x �� �� i1SADVANTAGESiFAPPROVED 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. �will remain unabated in the City. This building(s) will continue to blight the community. ao,�uv - a7,vvv IOUNT OF TRANSAC'f10N S Nuisance Housang Abatement SOURCE COSTrttEVENUE BU06ETED (CIRCLE ON� ncrmrv NursEn L`L•77 INFORMATION (EXPWN) DEP,�RT�SEN'I' OF FIRE AND SAFETY SERVICE$ G Jg^�f, Timolhy K Fu!ler, Fire CHief DN[S10N OF PROPERIY CODE ENFORCEMENT Chartes Yatel, Program Drre<tor CTI'Y OF SAINf PAIJI., Nuisance Building Code Enforcement Norm Colem¢n, Mayor S55 Cedar Streel Tel.� 612-298-SI53 Saint Pau� �LLY 55101-?260 Fax: 612-232-2770 i Tanuary 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Councii Saint Paul Public Fiealth, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public heuings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 83 Douglas Street The City Council has scheduled the date of these hearings as foliows: Legislative Hearing - Tuesday, February 3, 1998 City Council Hearing - Wednesday, February 11, 1998 The owners and responsibie parties of record are: Name and I,ast Known Address Lawrence W. Lawyer 231 Dayton Avenue #101 St. Paul, MN 55102 Interest Fee Owner Norwest Bank Minnesota, NA Sixth and Marquette Avenue Mpis., MN 55479 Bndura Construction Specialties, Inc DBA /New Rooms and Spaces 3339 Major Avenue North Golden Valiey, MN 55422 Metro Home Insulation, Inc. 12002 12th Avenue South Burnsville, MN 55337 Re; Lien vs. L,awrence Lawyer Mortgagee Mortgagee Lien Holder 9Q-ii/ 83 Douglas Street 7anuary 9, 1998 Page 2 Name and Iast Known Address Interest Dana D. Strandmo Attomey for Creditor b800 France Avenue South, Ste. 600 Edina, MN 55435 The legal description of this properry is: I.ots 4 and 5, Geo. Benz Sub. St. Paul, Minn. Saint Paui Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Heaith has issued an order to the then known responsibie parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the communiry continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Councii pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a tunely 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 speciai assessment to be collected in the same manner as taxes. Sinc r ly, � e � Reneta� eiss Program Supervisor VacandNuisance Building Unit Saint Paui Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, Ciry Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PEA-Housing Division [1�Q!IC3 9�'-i�� MINUTES OF LEGISLATIVE HEARING February 3, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing O�cer STAFF PRESENT: Chuck Votel and Guy Willits, Public Health Gerry Suathman, Legislative Hearing Off'icer, calied the meeting to order at 10:02 a.m. 1173 Bradlev Street Arthur Morrison, owner, stated he plans to file taxes today and should have money in a month. He will use it to take care of the problems. All the businesses he has wntacted aze busy now. Getry Strathman asked Mr. Morrison can he take care of the debris in the yard right away. Mr. Momson responded yes. Mr. Strathman asked when the stairs and shed will be taken care of. Mr. Morrison responded the stairs are blocked off and he is going to get an estimate. Gerry Suathman recommended denying ihe appeal but giving the owner until February 9, 1998 to clean up the yard and until March 3, 1998 to remove the reaz exterior stairs and the storage shed. Arthur Morrison asked could he fix the shed. Mr. Strathman responded it has to be removed or repaired, but the repairs have to be done in an acceptable fashion. 9 Acker Street West (Laid over from December 2, 1997) Chuck Votel reported that Standard Federal Bank owns the property as of January 17, 199$. The owners stated their intention is to get a code compliance inspection and seil the property. James Geske asked for a postponement and some time to pay the vacant building fee, get a code compliance inspection, and try to sell the property. Gerry Strathman asked would the home be sold as is. Mr. Geske responded he did not know the owner's intentions. Mr. Strathman asked how long it would take to get the building sold, repaired, and back in shape. Mr. Geske suggested 6 months. Mr. Strathman stated he wouid lay over this item to May 5, 1998. Chuck Vote] had no problem with the layover. 83 Dou�las Street Chuck Votel reported this has been vacant since March 1996. The current property owner is Lawrence Lawyer; Mr. Votel has not heard from him. Six summary abatement notices have been issued. The vacant building fees and real estate tases are paid. On October 2, 1997, a code comp]iance inspection was done and the $2,000 bond posted. The cost to repair is $40,000, and the cost to demolish is $6,670. 3ohn Ortez, 309 Harrison Avenue, appeared and stated he is interested in acquiring the property, but he did not know what needed to be repaired. Gerry Strathman responded the repairs are 9�-ii� MINUTES OF L,EGISLATIVE HEARING OF FEBRUARY 3, 1998 Page 2 extensive with problems such as plumbing, electrical, heating, zoning. Mr. Strathman asked did Mr. Ortez have any contact with the owner. Mr. Ortez responded no. Mr. Strathman explained that the owner has to come forward to deal with this property, post a bond, and give a plan for rehabilitating the building. If Mr. Ortez can make contact with the owner and come back with financial resources, the situation can be looked into. Gerry Strathman recommends approval of the 15 day order to remove or repair the building. Betty Moran, West 7�' Street Federation, appeued and stated she agreed with the recommendation. 758 Lafond Avenue Joanne Berchard, 308 W. Rose Avenue, appeared and stated her pazents owned the property. She hasn't been in the house since June 6, 1995 when her father died. Her sister and four children were living there. Evidently, ]ast summer the residence was bug infested. Chuck Votel reported the building was condemned in August 1997. Two summary abatement notices have been issued. The vacant building registration fees and 1995-1997 real estate tases are due. Carol Erickson, heir to the property, has not discussed her intentions with Public Health. The cost to repair is $40,000 and the cost to demolish is $7,500. Gerry Strathman stated there is an HRA mortgage on this property and a lien. Someone wiil have to establish ownership and take responsibility for the building. Chuck Votel explained the owner has died and there are a number of potential heirs. Given the fact the buiiding is condemned, in a serious state of disrepair, and absent anyone to show c]eaz ownership and resources to repair it, Gerry Strathman recommends approvai of the 15 day order to remove or repair the building. Joanne Berchazd asked how she could tell what needed to be done. Gerry Strathman responded she should order a code compliance inspection. Chuck Votel added she could get a copy of the Public Health Department's Division of Code Enforcement Order to Abate which lists deficiencies. Ms. Berchard viewed photos of the house and said she would like a chance to fix it. Mr. Strathman told Ms. Bernard she should get control of the property, post a$2,000 bond, and start the repair. Absent that, Mr. Strathman reiterated his recommendation for removal of the building. 1107 Suburban Avenue Jeanne Balzano, ]45 W. Winifred, appeazed and stated the house was for her daughter who is ill and not able to come in. Ms. Balzano's fiance signed for the owner of the house. 9�' /�i MINUTES OF LEGISI,ATIVE HEARING OF FEBRUARY 3, 1998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The current properiy owners aze listed as William H. Demazs, Jr. and Lisa Balzano. They have stated they would like to renovate the building but have not made significant progzess. Five summary abatements have been issued for yazd work and snow removal. Real Estate tases are unpaid. A code compliance inspe�tion was done. A$2,000 bond was forfeited because repairs were not completed_ The estimated cost to repair is $20,000 and the cost to demolish is $5,600. Jeanne Balzano stated she had a code compiiance done February 2, 1998. A]ot of work has been done. HUD had done some of it. The Truth-in-Housing was violated and her family is planning to pursue that. Every piece of plumbing has been replaced and it should pass inspection. A licensed plumber needs to be cailed. There was no insulation in the house. The house has now been insulated from top to down. The entire furnace had to be replaced. Ms. Balzano has gone over everything with the furnace inspector. About 80% of the sheet rock has been changed. There are smal] things to fix at this point. The inspector complained about switch plate covers being off, but they were off because of painting and wall priming. The ceiling fixture in the living room was down because it was recently sprayed and it was decided to leave it down because of leakage in that area. Ms. Balzano stated she has had some health problems. It was tough coming up with the $2,000 bond and it was even tougher to lose it. The house is close to being done. Some things will have to wait until spring for repair. Gerry Strathman asked was anyone 3iving there now. Jeanne Balzano responded no but someone could because there is heat, sufficient plumbing, new appiiances, new cabinets, new flooring, new floor covering, and new insulation. Gerry Strathman asked for the last ume an inspector has been at the building. Chuck Votel responded there was a call the other day about dirt and snow on the sidewalk, but the last time inspectors were inside of the house was on December 15, 1997. Gerry Strathman stated if what 7eanne Balzano is correct, then this building is not a candidate for demolition. He asked when this house wouid be finished and ready for occupancy. Ms. Balzano responded the concrete front steps have to be replaced, but that cannot be done until spring. The ground has to be thawed for the retaining wall also. Jeanne Baizano added one of her neighbors has been complaining about structural damage to the neighbor's home caused by ihe retaining wall. This neighbor has been calling the police and causing other problems. She has refused to work with an arbitrator. The retaining wall is completely off of her property. According to the neighbor's mother, they have received a settlement from Twin City Federal for $20,000 for water damage. The water damage was done by the previous owner of 1107 Suburban. Gene Adkins, Hitchcock Firm, appeared and stated he represents the neighbor Karen Rustad at 1113 Suburban. The property at 1107 Suburban has caused problems at Ms. Rustad's house due to the retaining wall. There is a cement concrete footing that is being pushed into Ms. Rustad's 98-��i MINUTES OF LECsISLATIVE HEARING OF FEBRUARY 3, 1998 Page 4 property. Jeanne Baizano responded that is not the impression of the engineer called in by Don Wagner of the License Inspections and Environmental Protection (LIEP) Office. Gerry Strathman stated this is a civil dispute and is not something that can be resolved here. Gerry Strathman stated given the representation of all the work that has been done on this buiiding, it would not be a candidate for removal at this time, however Mr. Strathman is troubled by the long and sordid history of this property. Mr. Strathman recommended an additional four months to complete the rehabilitation of this building, subject to ihe posting of another $2,0�0 bond by noon of February 11, 1998. Jeanne Balzano stated that is �nancially very hard. Mr. Strathman responded the money will be returned if the work is completed. Karen Rustad, 1113 Suburban, appeazed and stated she had an architectural engineer at her house. She presented a letter to Gerry Suathman. Ms. Rustad stated she had to remove part of the retaining wail because the City gave her a correction notice to do so. Gerry Strathman reiterated that the issue about the retaining wall cannot be dealt with here. He returned the letter to Ms. Rustad. Gerry Strathman stated the City Councii wi11 not get into tUe matter of the retainang wa11 either, but recommended Jeanne Balzano appeaz at the Council meeting on February 11 since there may be a dispute. The Legislative Hearing Officer recommends 4 months to comp]ete the rehabilitation on condition that a$2,000 bond is posted by noon of February 11, 1998. 2125 Waukon Avenue Chuck Votel reported the house was condemned in May 1997. One summary abatement order was issued to secure the building. An order to abate a nuisance building was issued in October 1997. The vacant building fees are due. The real estate t�es aze paid. The es6mated cost to repair is $30,000 and the cost to demolish is $5,500. John Nelson and Larry Asche, both from TCF Bank, appeared at the meeting. Mr. Nelson stated this is a property that TCF Bank was forced to take back. TCF was notified in 7anuary 1997 that there was a condemnation order. They plan to mazket the property. Mr. Asche is the property manager. He will make arrangements to post the vacant building fee and get a code compliance report. TCF Bank would like additional time to get the property sold. Geiry Strathman recommended a]ayover to May 5, 1998. Hopefully in three months there will be a new owner who will post the bonds and initiate the necessary repairs. The meeting was adjoumed at 10:51 a.m. 98-/t/ REPORT Date: February 3, 199& Time: 10:00 a.m. Place: Room 330 City Hail 15 West Kellogg Boulevard LEGISLATNE HEARING Gerry 3trathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Laid over from December 2, 1997) The L.egislative Hearing Officer laid over this item to May 5, 1998. 2. Resolution ordering the owner to remove or repair the buiiding located at 83 Dougl_as_ Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 3. Resolution ordering the owner to remove or repair the building located at 758 Lafond Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I,egislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 4. Resolution ordering the owner to remove or repair the building ]ocated at 1107 Suburban Avenue. If the owner fails to comply with the resolufion, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February I 1, 1998. 5. Resolution ordering the owner to remove or repair the building ]ocated at 2125 Waukon Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislative Heazing Officer laid over this item to May 5, 1998. 9�-ii/ LEGISLATNE HEARING REPORT, 2-3-1498 6. Summary Abatement Order regazding properry located at 1173 Bradlev Street. Page 2 The Legislative Hearing Officer recommends denying the appeal but giving the owner until February 9, 1998 to ciean up the yard and until Mazch 3, 1998 to remove the rear exterior stairs and the storage shed.