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98-112oRi�iNA� Presented By Referred To Reso�urioN CITY OF SAIN�j �AUL, I� co�oi� Fil2 # 98^/l2 Green Sheet # ���� � 'A '� Committee: Date WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame structure located on properry hereinafter referred to as the "Subject Properry" and commonly l�own as 758 L.afond Avenue. This property is legally described as follows, to wit: Lflt 5, Chute Brothers Division No. 12, Addition to the City of St. Paul, Minnesota WHEREAS, hased upon the records in tke Ramsey County Recorder's Office and information obtained by Public Health on or before October 7, 1997, the following are the now known interested or responsible parties for the Subject Property: Carol Erickson, 781 Front Avenue, 2nd Floor, St. Paul, MN 55103; Housing and Redevelopment Authority, 25 West Fourth Street, Ste. 1200, St. Paul, MN 55102, Attn: Mary Hanson; B& F Distributing, DBA Tracy-Tripp Fuel, 11650 Courthouse Blvd. E., Inver Grove Heights, MN 55077, Re: Lien vs. Gordon Burchard WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated October 27, 1997; and WHEREAS, this order informed the then known interested ar responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by November 26, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and R'FiEREAS, this nuisance condition has not been corrected and Public Health requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the Ciry Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held before the L,egisiative Aearing Officer of the Saint Paul Ciry 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 Properry safe and not detrnnental to the public peace, health, safery and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the sm�cture 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 4P �� z ORlGINAL WHEREAS, a hearing was held before the Saint Paul City Council on VJednesday, February 11, 1998 and the testimony and evidence including the action taken by the L,egislative Hearing O�cer 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 Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 758 L.afond Avenue: 1. That the Subject Froperty 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 estnnated 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 lrnown responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been conected. 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 Ciry CouncIl hereby makes the following order: 1. The above referenced interested or responsible parCies shall make the Subject Properry safe and not detrimental to the public peace, health, safery and welfare and remove its biighting influence on the community by rehabilitating ttus structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilita6on or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 9P-1�2 ' �`` ` V�`ri�,; 2. If the above conective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properiy or fixtures of any ldnd which interfere with the demolition and removal shall be removed from the properry by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properiy as provided by law. 4. It is fiurther ordered, that a copy of this resolution be mailed to the owners and interested parties in accardance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: By: Appx By: Fir • Code Enforcement Division By: ��� �� Form Approved by City Attorney B �c�e.Q.-e� ���� l'2D�9� Approved by Mayor for submission to Council �.. ��� —� Adopted by Council: Date �..� �\ �`��� , Adoption Certified by Council Secretary 9�-1�z Code Enforcement 01/09/98 GREEN SHEET No 61555 �. Vote�292-7718 �f JNCIL AGENDA BY (DATE� 11, 1998 A° '�`" M,w�� RW{iIN6 ORDEft TOTAL � OF S1C,NATURE PAGES �.�,,.��.� 0 2 �,,,.� �H� `'a �«� ���� ❑..�u.,�.�,,.«Ta � WroR1�.�fMGltlf� � (CL1P ALL IOCATIONS 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 resolution, Public Health is ordered to remove the building. The subject property is located at 758 Lafond Avenue. PLANNfNG CAMMISSION CIB COMMITTEE CML SERVICE CAMMISSION t50NAL SERVICE CONiRACTS MUST ANSWER TXE FOLLAWING Q Has Nis persoMrtm e�+er worked under a cont2c[ for this departmenll `!ES NO Has tnia Pa�soNfirm e� been a Wy empbyee? YES NO Does this percoNfirtn powess a s1611 nat nomwllypoGSSesseU by any cUrtent city empbyee? VES NO IS t�is pe�soNGmi a farpe[ed vendor? YES NO This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 758 Lafond Avenue by I3ovember 26, 1997, and have failed to comply with those orders. -, el.Liw�.. ���� ',�� ��� ����� 2 ���9$ 3..'0.� R, 4� �., ` The City will eliminate a nuisance. 9 � 0 � ° � ��•'� ��� �� �998 )ISADVANTAGES IF APPROVED ' � s . a . _ _ � .. The City will spend funds to wreck and remove this building(s). These costs will be assessed to the pronertv. collected as a sroecial assessment a�ainst the uronertv taxes. A nuisance condition will remain unabated in the City. This building(s} will continue to blight the community. fOTAL AMOUN7 OF TRANSAC710N Y ' � COST/REVENUE BUDfiEfED (CIRCLE ONh7 YES " NO Nuisance Housing Abatement 61 NNOIN6 SOURCE ACTNITY NWABER (��M \ DEPAR"Ib1ENT OF ARE AVD SAFETY SERVICES 98-t/2 Timo[hy K. Fuller, Fire ChieJ DNISION OF PROPERTY CODE ENFORCEMEN"I' Charles Yotel, Program Diredar CTTY OF SA]IV'I' PAUL Nuisance Building Code Enforcement Norn+ Colemax, Afayor 555 Cedar Street Tel: 612-248-1153 SaintPm+l,iLLY5�101-1360 Fax:612-222-2770 7anuary 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the Ciry Council Saint Paul Public Health, VacantlNuisance 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: 758 Lafond Avenue The City Counci] has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, February 3, 1998 City Council Hearing - Wednesday, February 11, 199$ The owners and responsible parties of record are: Name and Last Known Address Carol Erickson 781 Front Avenue, 2nd Floor St. Paul, MN 55103 Interest Daughter of Deceased Fee Owner Housing and Redevelopment Authority 25 West Fourth Street, Ste. 1200 St. Paul, MN 55102 Attn: Mary Hanson B & F Distribut9ng DBA Tracy-Tripp Fuel 11650 Courthouse Blvd. E. Inver Grove Heights, MN 55077 Re: Lien vs. Gordon Burchard The legal description of this property is: Mortgagee Lien Holder Lot 5, Chute Brothers Division No. 12, Addition to the Ciry of St. Paul, Minnesota 98-��2 758 Lafond Avenue 7anuary 9, 1998 Page 2 Saint Paul Public Health has declared this buiiding(s) to constitute a"nuisance" as defined by Lzaislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the biighting influence of this property. It is the recommendation of Pubiic Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildin� in a timely manner, and failin� that, authorize Public Health to proceed to demolition and removal, and to assess the costs incuned against the real estate as a special assessment to be collected in the same manner as taxes. ' cerely, �� R ta Weiss Program Supervisor VacandNuisance Building Unit Saint Paul Public Health RW:mi cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 01-93 9�-i�2 MINLITES OF LEGISLATIVE HEARING February 3, 1998 Room 33Q City Hail Gerry Strathman, L,egislative Hearing Officer 3TAFF PRESENT: Chuck Votel and Guy Willits, Public Health Gerry Strathman, Legislative Hearing Officer, called the meering 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 caze of the problems. All the businesses he has contacted are busy now. Gerry Strathman asked Mr. Morrison can he take caze of the debris in the yard right away. Mr. Morrison responded yes. Mr. Strathman asked when the stairs and shed will be taken caze of. Mr. Morrison responded the stairs aze blocked off and he is going to get an estimate. Gerry Strathman recommended denying the appeal but giving the owner until February 9, 1998 to clean up the yard and untii Mazch 3, 1998 to remove the rear 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, 1998. The owners stated their intention is to get a code compiiance inspection and seli 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. Suathman 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 would lay over this item to May 5, 1998. Chuck Votel had no problem with the layover. 83 Douslas Street Chuck Votel reported this has been vacant since Mazch 1996. The current propefty 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 taxes aze paid. On October 2, 1997, a code compliance inspection was done and the $2,000 bond posted. The cost to repair is $40,000, and the cost to demolish is $6,670. John Ortez, 309 Hanison Avenue, appeazed 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 � 98'-t�2 MINUTES OF LEGISLATTVE 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 exp]ained 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, appeazed and stated she agreed with the recommendation. 758 Lafond Avenue 7oanne Berchard, 308 W. Rose Avenue, appeazed and stated her parents owned the property. She hasn't been in the house since 3une 6, 1995 when her father died. Her sister and four chi]dren were ]iving there. Evidenfly, last 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 ta�tes 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 will have to establish ownership and take responsibility for the building. Chuck Votel explained the owner has died and there aze a number of potential heirs. Given the fact the building is condemned, in a serious state of disrepair, and absent anyone to show cleu ownership and resources to repair it, Gerry Strathman recommends approval of the 15 day order to remove or repair the buiiding. 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. Bernazd 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, 145 W. Winifred, appeared and stated the house was for her daughter who is ill and not abie to come in. Ms. Baizano's fiance signed for the owner of the house. t• MINUTES OF LEGISLATIVE HEARING OF FEBRUARY 3, i998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The current propercy owners aze listed as Wiliiam H. Demazs, Jr. and Lisa Balzano. They have stated they would like to renovate the building but have not made significant progress. Five summary ahatements have been issued for yazd work and snow removal. Real Estate t�es are unpaid. A code compliance inspection was done. A$2,000 bond was forfeited because repairs were not completed. The estimated cost to repair is $2Q000 and the cost to demolish is $5,600. 3eanne Balzano stated she had a code compliance done February 2, 1998. A lot of work has been done. HUD had done some of ii. 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 called. There was no insulation in the house. The house has now been insulated from top to down. The entire fumace 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 small 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. Tf�e 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 azea. 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 untii spring for repair. Gerry Strathman asked was anyone living there now. Jeanne Balzano responded no but someone could because there is heat, sufficient p]umbing, new appliances, new cabinets, new flooring, new floor covering, and new insulation. Gerry Strathman asked for the last time an inspector has been at the building. Chuck Votel responded there was a cal] 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 Jeanne Balzano is conect, then this building is not a candidate for demolition. Ae asked when ihis house would 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 the retaining wall. This neighbor has been calling the police and causing other problems. She has refused to work with an azbitrator. The retaining wa11 is completely off of her property. According to the neighbor's mother, they have received a sett]ement from Twin City Federa] for $20,000 for water damage, The water damage was done by the previous owner of 1107 Suburban. Gene Adkins, Hitchcock Firm, appeazed and stated he represents the neighbor Kazen 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 G�-i�2 MINUTES OF LECsISLATNE HEARING OF FEBRUARY 3, 1998 Page 4 property. Jeanne Balzano responded that is not the impression of the engineer called in by Don Wagner of the License Inspections and Environmental Protection (LISP) Office. Gerry Strathman stated this is a civii 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 building, 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 the posting of another $2,000 bond by noon of February 11, 1998. Jeanne Balzano stated that is financially very hard. Mr. Suathman responded the money will be returned if the work is completed. Karen Rustad, 1113 Suburban, appeazed and stated she had an azchitectural engineer at her house. She presented a letter to Gerry Strathman. Ms. Rustad stated she had to remove part of the retaining wall 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 retumed the letter to Ms. Rustad. Gerry Strathman stated the City Council will not get into the matter of the retaining wall either, but recommended 7eanne Balzano appear at the Councii meeting on February 1 I since there may be a daspute. The Legislative Hearing Officer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February 1 l, 1998. 2125 Waukon Avenue Chuck Votei 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 buiiding fees aze due. The real estate taYes aze paid. The estimated cost to repair is $30,000 and the cost to demolish is $5,500. John Nelson and Lu•ry 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 January 1997 that there was a condemnation order. They plan to market the property. Mr. Asche is the property manager. He will make artangements to post the vacant bu3lding fee and get a code compliance report. TCF Bank would like additional time to get the property sold. Gerry Strathman recommended a layover 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. q�-�a� . .,., Date: �ebruary 3, 1998 Time: 10:00 a.m. Piace: Room 330 City Hall I S West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comp]y with the resolution, Public Health is ordered to remove the building. (Laid over from December 2, 1997) The Legislative Heazing Officer laid over this item to May 5, 1998. 2. Resolution ordering the owner to remove or repair the building located at 83 Douglas Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Heazing Officer recommends approval of the 15 day order to repair or remove the building. 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 Legislative Hearing Officer recommends approval of ihe 15 day order to repair or remove the building. 4. Resolution ordering the owner to remove or repair the building located at 1107 Suburban Avenue. If the owner fails to comply with the resolution, 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 gosted by noon of February I 1, 1998. 5. Resolution ordering the owner to remove or repair the buiiding located at 2125 Waukon Avenue. if the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer ]aid over this item to May 5, 1998. q�-l12 LEGISLATIVE HEARTNG REPORT, 2-3-1998 Page 2 6. Summary Abatement Order regarding property located at 1173 Bradley Street. The Legislative Hearing O�cer recommends denying the appeal but giving the owner until February 9, 1998 to clean up the yazd and unul Mazch 3, 1998 to remove the reaz exterior stairs and the storage shed. oRi�iNA� Presented By Referred To Reso�urioN CITY OF SAIN�j �AUL, I� co�oi� Fil2 # 98^/l2 Green Sheet # ���� � 'A '� Committee: Date WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame structure located on properry hereinafter referred to as the "Subject Properry" and commonly l�own as 758 L.afond Avenue. This property is legally described as follows, to wit: Lflt 5, Chute Brothers Division No. 12, Addition to the City of St. Paul, Minnesota WHEREAS, hased upon the records in tke Ramsey County Recorder's Office and information obtained by Public Health on or before October 7, 1997, the following are the now known interested or responsible parties for the Subject Property: Carol Erickson, 781 Front Avenue, 2nd Floor, St. Paul, MN 55103; Housing and Redevelopment Authority, 25 West Fourth Street, Ste. 1200, St. Paul, MN 55102, Attn: Mary Hanson; B& F Distributing, DBA Tracy-Tripp Fuel, 11650 Courthouse Blvd. E., Inver Grove Heights, MN 55077, Re: Lien vs. Gordon Burchard WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated October 27, 1997; and WHEREAS, this order informed the then known interested ar responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by November 26, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and R'FiEREAS, this nuisance condition has not been corrected and Public Health requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the Ciry Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held before the L,egisiative Aearing Officer of the Saint Paul Ciry 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 Properry safe and not detrnnental to the public peace, health, safery and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the sm�cture 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 4P �� z ORlGINAL WHEREAS, a hearing was held before the Saint Paul City Council on VJednesday, February 11, 1998 and the testimony and evidence including the action taken by the L,egislative Hearing O�cer 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 Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 758 L.afond Avenue: 1. That the Subject Froperty 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 estnnated 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 lrnown responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been conected. 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 Ciry CouncIl hereby makes the following order: 1. The above referenced interested or responsible parCies shall make the Subject Properry safe and not detrimental to the public peace, health, safery and welfare and remove its biighting influence on the community by rehabilitating ttus structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilita6on or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 9P-1�2 ' �`` ` V�`ri�,; 2. If the above conective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properiy or fixtures of any ldnd which interfere with the demolition and removal shall be removed from the properry by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properiy as provided by law. 4. It is fiurther ordered, that a copy of this resolution be mailed to the owners and interested parties in accardance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: By: Appx By: Fir • Code Enforcement Division By: ��� �� Form Approved by City Attorney B �c�e.Q.-e� ���� l'2D�9� Approved by Mayor for submission to Council �.. ��� —� Adopted by Council: Date �..� �\ �`��� , Adoption Certified by Council Secretary 9�-1�z Code Enforcement 01/09/98 GREEN SHEET No 61555 �. Vote�292-7718 �f JNCIL AGENDA BY (DATE� 11, 1998 A° '�`" M,w�� RW{iIN6 ORDEft TOTAL � OF S1C,NATURE PAGES �.�,,.��.� 0 2 �,,,.� �H� `'a �«� ���� ❑..�u.,�.�,,.«Ta � WroR1�.�fMGltlf� � (CL1P ALL IOCATIONS 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 resolution, Public Health is ordered to remove the building. The subject property is located at 758 Lafond Avenue. PLANNfNG CAMMISSION CIB COMMITTEE CML SERVICE CAMMISSION t50NAL SERVICE CONiRACTS MUST ANSWER TXE FOLLAWING Q Has Nis persoMrtm e�+er worked under a cont2c[ for this departmenll `!ES NO Has tnia Pa�soNfirm e� been a Wy empbyee? YES NO Does this percoNfirtn powess a s1611 nat nomwllypoGSSesseU by any cUrtent city empbyee? VES NO IS t�is pe�soNGmi a farpe[ed vendor? YES NO This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 758 Lafond Avenue by I3ovember 26, 1997, and have failed to comply with those orders. -, el.Liw�.. ���� ',�� ��� ����� 2 ���9$ 3..'0.� R, 4� �., ` The City will eliminate a nuisance. 9 � 0 � ° � ��•'� ��� �� �998 )ISADVANTAGES IF APPROVED ' � s . a . _ _ � .. The City will spend funds to wreck and remove this building(s). These costs will be assessed to the pronertv. collected as a sroecial assessment a�ainst the uronertv taxes. A nuisance condition will remain unabated in the City. This building(s} will continue to blight the community. fOTAL AMOUN7 OF TRANSAC710N Y ' � COST/REVENUE BUDfiEfED (CIRCLE ONh7 YES " NO Nuisance Housing Abatement 61 NNOIN6 SOURCE ACTNITY NWABER (��M \ DEPAR"Ib1ENT OF ARE AVD SAFETY SERVICES 98-t/2 Timo[hy K. Fuller, Fire ChieJ DNISION OF PROPERTY CODE ENFORCEMEN"I' Charles Yotel, Program Diredar CTTY OF SA]IV'I' PAUL Nuisance Building Code Enforcement Norn+ Colemax, Afayor 555 Cedar Street Tel: 612-248-1153 SaintPm+l,iLLY5�101-1360 Fax:612-222-2770 7anuary 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the Ciry Council Saint Paul Public Health, VacantlNuisance 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: 758 Lafond Avenue The City Counci] has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, February 3, 1998 City Council Hearing - Wednesday, February 11, 199$ The owners and responsible parties of record are: Name and Last Known Address Carol Erickson 781 Front Avenue, 2nd Floor St. Paul, MN 55103 Interest Daughter of Deceased Fee Owner Housing and Redevelopment Authority 25 West Fourth Street, Ste. 1200 St. Paul, MN 55102 Attn: Mary Hanson B & F Distribut9ng DBA Tracy-Tripp Fuel 11650 Courthouse Blvd. E. Inver Grove Heights, MN 55077 Re: Lien vs. Gordon Burchard The legal description of this property is: Mortgagee Lien Holder Lot 5, Chute Brothers Division No. 12, Addition to the Ciry of St. Paul, Minnesota 98-��2 758 Lafond Avenue 7anuary 9, 1998 Page 2 Saint Paul Public Health has declared this buiiding(s) to constitute a"nuisance" as defined by Lzaislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the biighting influence of this property. It is the recommendation of Pubiic Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildin� in a timely manner, and failin� that, authorize Public Health to proceed to demolition and removal, and to assess the costs incuned against the real estate as a special assessment to be collected in the same manner as taxes. ' cerely, �� R ta Weiss Program Supervisor VacandNuisance Building Unit Saint Paul Public Health RW:mi cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 01-93 9�-i�2 MINLITES OF LEGISLATIVE HEARING February 3, 1998 Room 33Q City Hail Gerry Strathman, L,egislative Hearing Officer 3TAFF PRESENT: Chuck Votel and Guy Willits, Public Health Gerry Strathman, Legislative Hearing Officer, called the meering 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 caze of the problems. All the businesses he has contacted are busy now. Gerry Strathman asked Mr. Morrison can he take caze of the debris in the yard right away. Mr. Morrison responded yes. Mr. Strathman asked when the stairs and shed will be taken caze of. Mr. Morrison responded the stairs aze blocked off and he is going to get an estimate. Gerry Strathman recommended denying the appeal but giving the owner until February 9, 1998 to clean up the yard and untii Mazch 3, 1998 to remove the rear 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, 1998. The owners stated their intention is to get a code compiiance inspection and seli 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. Suathman 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 would lay over this item to May 5, 1998. Chuck Votel had no problem with the layover. 83 Douslas Street Chuck Votel reported this has been vacant since Mazch 1996. The current propefty 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 taxes aze paid. On October 2, 1997, a code compliance inspection was done and the $2,000 bond posted. The cost to repair is $40,000, and the cost to demolish is $6,670. John Ortez, 309 Hanison Avenue, appeazed 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 � 98'-t�2 MINUTES OF LEGISLATTVE 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 exp]ained 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, appeazed and stated she agreed with the recommendation. 758 Lafond Avenue 7oanne Berchard, 308 W. Rose Avenue, appeazed and stated her parents owned the property. She hasn't been in the house since 3une 6, 1995 when her father died. Her sister and four chi]dren were ]iving there. Evidenfly, last 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 ta�tes 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 will have to establish ownership and take responsibility for the building. Chuck Votel explained the owner has died and there aze a number of potential heirs. Given the fact the building is condemned, in a serious state of disrepair, and absent anyone to show cleu ownership and resources to repair it, Gerry Strathman recommends approval of the 15 day order to remove or repair the buiiding. 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. Bernazd 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, 145 W. Winifred, appeared and stated the house was for her daughter who is ill and not abie to come in. Ms. Baizano's fiance signed for the owner of the house. t• MINUTES OF LEGISLATIVE HEARING OF FEBRUARY 3, i998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The current propercy owners aze listed as Wiliiam H. Demazs, Jr. and Lisa Balzano. They have stated they would like to renovate the building but have not made significant progress. Five summary ahatements have been issued for yazd work and snow removal. Real Estate t�es are unpaid. A code compliance inspection was done. A$2,000 bond was forfeited because repairs were not completed. The estimated cost to repair is $2Q000 and the cost to demolish is $5,600. 3eanne Balzano stated she had a code compliance done February 2, 1998. A lot of work has been done. HUD had done some of ii. 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 called. There was no insulation in the house. The house has now been insulated from top to down. The entire fumace 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 small 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. Tf�e 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 azea. 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 untii spring for repair. Gerry Strathman asked was anyone living there now. Jeanne Balzano responded no but someone could because there is heat, sufficient p]umbing, new appliances, new cabinets, new flooring, new floor covering, and new insulation. Gerry Strathman asked for the last time an inspector has been at the building. Chuck Votel responded there was a cal] 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 Jeanne Balzano is conect, then this building is not a candidate for demolition. Ae asked when ihis house would 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 the retaining wall. This neighbor has been calling the police and causing other problems. She has refused to work with an azbitrator. The retaining wa11 is completely off of her property. According to the neighbor's mother, they have received a sett]ement from Twin City Federa] for $20,000 for water damage, The water damage was done by the previous owner of 1107 Suburban. Gene Adkins, Hitchcock Firm, appeazed and stated he represents the neighbor Kazen 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 G�-i�2 MINUTES OF LECsISLATNE HEARING OF FEBRUARY 3, 1998 Page 4 property. Jeanne Balzano responded that is not the impression of the engineer called in by Don Wagner of the License Inspections and Environmental Protection (LISP) Office. Gerry Strathman stated this is a civii 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 building, 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 the posting of another $2,000 bond by noon of February 11, 1998. Jeanne Balzano stated that is financially very hard. Mr. Suathman responded the money will be returned if the work is completed. Karen Rustad, 1113 Suburban, appeazed and stated she had an azchitectural engineer at her house. She presented a letter to Gerry Strathman. Ms. Rustad stated she had to remove part of the retaining wall 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 retumed the letter to Ms. Rustad. Gerry Strathman stated the City Council will not get into the matter of the retaining wall either, but recommended 7eanne Balzano appear at the Councii meeting on February 1 I since there may be a daspute. The Legislative Hearing Officer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February 1 l, 1998. 2125 Waukon Avenue Chuck Votei 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 buiiding fees aze due. The real estate taYes aze paid. The estimated cost to repair is $30,000 and the cost to demolish is $5,500. John Nelson and Lu•ry 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 January 1997 that there was a condemnation order. They plan to market the property. Mr. Asche is the property manager. He will make artangements to post the vacant bu3lding fee and get a code compliance report. TCF Bank would like additional time to get the property sold. Gerry Strathman recommended a layover 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. q�-�a� . .,., Date: �ebruary 3, 1998 Time: 10:00 a.m. Piace: Room 330 City Hall I S West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comp]y with the resolution, Public Health is ordered to remove the building. (Laid over from December 2, 1997) The Legislative Heazing Officer laid over this item to May 5, 1998. 2. Resolution ordering the owner to remove or repair the building located at 83 Douglas Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Heazing Officer recommends approval of the 15 day order to repair or remove the building. 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 Legislative Hearing Officer recommends approval of ihe 15 day order to repair or remove the building. 4. Resolution ordering the owner to remove or repair the building located at 1107 Suburban Avenue. If the owner fails to comply with the resolution, 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 gosted by noon of February I 1, 1998. 5. Resolution ordering the owner to remove or repair the buiiding located at 2125 Waukon Avenue. if the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer ]aid over this item to May 5, 1998. q�-l12 LEGISLATIVE HEARTNG REPORT, 2-3-1998 Page 2 6. Summary Abatement Order regarding property located at 1173 Bradley Street. The Legislative Hearing O�cer recommends denying the appeal but giving the owner until February 9, 1998 to clean up the yazd and unul Mazch 3, 1998 to remove the reaz exterior stairs and the storage shed. oRi�iNA� Presented By Referred To Reso�urioN CITY OF SAIN�j �AUL, I� co�oi� Fil2 # 98^/l2 Green Sheet # ���� � 'A '� Committee: Date WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame structure located on properry hereinafter referred to as the "Subject Properry" and commonly l�own as 758 L.afond Avenue. This property is legally described as follows, to wit: Lflt 5, Chute Brothers Division No. 12, Addition to the City of St. Paul, Minnesota WHEREAS, hased upon the records in tke Ramsey County Recorder's Office and information obtained by Public Health on or before October 7, 1997, the following are the now known interested or responsible parties for the Subject Property: Carol Erickson, 781 Front Avenue, 2nd Floor, St. Paul, MN 55103; Housing and Redevelopment Authority, 25 West Fourth Street, Ste. 1200, St. Paul, MN 55102, Attn: Mary Hanson; B& F Distributing, DBA Tracy-Tripp Fuel, 11650 Courthouse Blvd. E., Inver Grove Heights, MN 55077, Re: Lien vs. Gordon Burchard WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated October 27, 1997; and WHEREAS, this order informed the then known interested ar responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by November 26, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and R'FiEREAS, this nuisance condition has not been corrected and Public Health requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the Ciry Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held before the L,egisiative Aearing Officer of the Saint Paul Ciry 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 Properry safe and not detrnnental to the public peace, health, safery and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the sm�cture 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 4P �� z ORlGINAL WHEREAS, a hearing was held before the Saint Paul City Council on VJednesday, February 11, 1998 and the testimony and evidence including the action taken by the L,egislative Hearing O�cer 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 Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 758 L.afond Avenue: 1. That the Subject Froperty 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 estnnated 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 lrnown responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been conected. 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 Ciry CouncIl hereby makes the following order: 1. The above referenced interested or responsible parCies shall make the Subject Properry safe and not detrimental to the public peace, health, safery and welfare and remove its biighting influence on the community by rehabilitating ttus structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilita6on or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 9P-1�2 ' �`` ` V�`ri�,; 2. If the above conective action is not completed within this period of time the Public Health, Code Enforcement Program is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properiy or fixtures of any ldnd which interfere with the demolition and removal shall be removed from the properry by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properiy as provided by law. 4. It is fiurther ordered, that a copy of this resolution be mailed to the owners and interested parties in accardance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: By: Appx By: Fir • Code Enforcement Division By: ��� �� Form Approved by City Attorney B �c�e.Q.-e� ���� l'2D�9� Approved by Mayor for submission to Council �.. ��� —� Adopted by Council: Date �..� �\ �`��� , Adoption Certified by Council Secretary 9�-1�z Code Enforcement 01/09/98 GREEN SHEET No 61555 �. Vote�292-7718 �f JNCIL AGENDA BY (DATE� 11, 1998 A° '�`" M,w�� RW{iIN6 ORDEft TOTAL � OF S1C,NATURE PAGES �.�,,.��.� 0 2 �,,,.� �H� `'a �«� ���� ❑..�u.,�.�,,.«Ta � WroR1�.�fMGltlf� � (CL1P ALL IOCATIONS 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 resolution, Public Health is ordered to remove the building. The subject property is located at 758 Lafond Avenue. PLANNfNG CAMMISSION CIB COMMITTEE CML SERVICE CAMMISSION t50NAL SERVICE CONiRACTS MUST ANSWER TXE FOLLAWING Q Has Nis persoMrtm e�+er worked under a cont2c[ for this departmenll `!ES NO Has tnia Pa�soNfirm e� been a Wy empbyee? YES NO Does this percoNfirtn powess a s1611 nat nomwllypoGSSesseU by any cUrtent city empbyee? VES NO IS t�is pe�soNGmi a farpe[ed vendor? YES NO This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 758 Lafond Avenue by I3ovember 26, 1997, and have failed to comply with those orders. -, el.Liw�.. ���� ',�� ��� ����� 2 ���9$ 3..'0.� R, 4� �., ` The City will eliminate a nuisance. 9 � 0 � ° � ��•'� ��� �� �998 )ISADVANTAGES IF APPROVED ' � s . a . _ _ � .. The City will spend funds to wreck and remove this building(s). These costs will be assessed to the pronertv. collected as a sroecial assessment a�ainst the uronertv taxes. A nuisance condition will remain unabated in the City. This building(s} will continue to blight the community. fOTAL AMOUN7 OF TRANSAC710N Y ' � COST/REVENUE BUDfiEfED (CIRCLE ONh7 YES " NO Nuisance Housing Abatement 61 NNOIN6 SOURCE ACTNITY NWABER (��M \ DEPAR"Ib1ENT OF ARE AVD SAFETY SERVICES 98-t/2 Timo[hy K. Fuller, Fire ChieJ DNISION OF PROPERTY CODE ENFORCEMEN"I' Charles Yotel, Program Diredar CTTY OF SA]IV'I' PAUL Nuisance Building Code Enforcement Norn+ Colemax, Afayor 555 Cedar Street Tel: 612-248-1153 SaintPm+l,iLLY5�101-1360 Fax:612-222-2770 7anuary 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the Ciry Council Saint Paul Public Health, VacantlNuisance 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: 758 Lafond Avenue The City Counci] has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, February 3, 1998 City Council Hearing - Wednesday, February 11, 199$ The owners and responsible parties of record are: Name and Last Known Address Carol Erickson 781 Front Avenue, 2nd Floor St. Paul, MN 55103 Interest Daughter of Deceased Fee Owner Housing and Redevelopment Authority 25 West Fourth Street, Ste. 1200 St. Paul, MN 55102 Attn: Mary Hanson B & F Distribut9ng DBA Tracy-Tripp Fuel 11650 Courthouse Blvd. E. Inver Grove Heights, MN 55077 Re: Lien vs. Gordon Burchard The legal description of this property is: Mortgagee Lien Holder Lot 5, Chute Brothers Division No. 12, Addition to the Ciry of St. Paul, Minnesota 98-��2 758 Lafond Avenue 7anuary 9, 1998 Page 2 Saint Paul Public Health has declared this buiiding(s) to constitute a"nuisance" as defined by Lzaislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the biighting influence of this property. It is the recommendation of Pubiic Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildin� in a timely manner, and failin� that, authorize Public Health to proceed to demolition and removal, and to assess the costs incuned against the real estate as a special assessment to be collected in the same manner as taxes. ' cerely, �� R ta Weiss Program Supervisor VacandNuisance Building Unit Saint Paul Public Health RW:mi cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 01-93 9�-i�2 MINLITES OF LEGISLATIVE HEARING February 3, 1998 Room 33Q City Hail Gerry Strathman, L,egislative Hearing Officer 3TAFF PRESENT: Chuck Votel and Guy Willits, Public Health Gerry Strathman, Legislative Hearing Officer, called the meering 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 caze of the problems. All the businesses he has contacted are busy now. Gerry Strathman asked Mr. Morrison can he take caze of the debris in the yard right away. Mr. Morrison responded yes. Mr. Strathman asked when the stairs and shed will be taken caze of. Mr. Morrison responded the stairs aze blocked off and he is going to get an estimate. Gerry Strathman recommended denying the appeal but giving the owner until February 9, 1998 to clean up the yard and untii Mazch 3, 1998 to remove the rear 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, 1998. The owners stated their intention is to get a code compiiance inspection and seli 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. Suathman 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 would lay over this item to May 5, 1998. Chuck Votel had no problem with the layover. 83 Douslas Street Chuck Votel reported this has been vacant since Mazch 1996. The current propefty 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 taxes aze paid. On October 2, 1997, a code compliance inspection was done and the $2,000 bond posted. The cost to repair is $40,000, and the cost to demolish is $6,670. John Ortez, 309 Hanison Avenue, appeazed 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 � 98'-t�2 MINUTES OF LEGISLATTVE 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 exp]ained 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, appeazed and stated she agreed with the recommendation. 758 Lafond Avenue 7oanne Berchard, 308 W. Rose Avenue, appeazed and stated her parents owned the property. She hasn't been in the house since 3une 6, 1995 when her father died. Her sister and four chi]dren were ]iving there. Evidenfly, last 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 ta�tes 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 will have to establish ownership and take responsibility for the building. Chuck Votel explained the owner has died and there aze a number of potential heirs. Given the fact the building is condemned, in a serious state of disrepair, and absent anyone to show cleu ownership and resources to repair it, Gerry Strathman recommends approval of the 15 day order to remove or repair the buiiding. 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. Bernazd 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, 145 W. Winifred, appeared and stated the house was for her daughter who is ill and not abie to come in. Ms. Baizano's fiance signed for the owner of the house. t• MINUTES OF LEGISLATIVE HEARING OF FEBRUARY 3, i998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The current propercy owners aze listed as Wiliiam H. Demazs, Jr. and Lisa Balzano. They have stated they would like to renovate the building but have not made significant progress. Five summary ahatements have been issued for yazd work and snow removal. Real Estate t�es are unpaid. A code compliance inspection was done. A$2,000 bond was forfeited because repairs were not completed. The estimated cost to repair is $2Q000 and the cost to demolish is $5,600. 3eanne Balzano stated she had a code compliance done February 2, 1998. A lot of work has been done. HUD had done some of ii. 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 called. There was no insulation in the house. The house has now been insulated from top to down. The entire fumace 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 small 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. Tf�e 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 azea. 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 untii spring for repair. Gerry Strathman asked was anyone living there now. Jeanne Balzano responded no but someone could because there is heat, sufficient p]umbing, new appliances, new cabinets, new flooring, new floor covering, and new insulation. Gerry Strathman asked for the last time an inspector has been at the building. Chuck Votel responded there was a cal] 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 Jeanne Balzano is conect, then this building is not a candidate for demolition. Ae asked when ihis house would 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 the retaining wall. This neighbor has been calling the police and causing other problems. She has refused to work with an azbitrator. The retaining wa11 is completely off of her property. According to the neighbor's mother, they have received a sett]ement from Twin City Federa] for $20,000 for water damage, The water damage was done by the previous owner of 1107 Suburban. Gene Adkins, Hitchcock Firm, appeazed and stated he represents the neighbor Kazen 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 G�-i�2 MINUTES OF LECsISLATNE HEARING OF FEBRUARY 3, 1998 Page 4 property. Jeanne Balzano responded that is not the impression of the engineer called in by Don Wagner of the License Inspections and Environmental Protection (LISP) Office. Gerry Strathman stated this is a civii 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 building, 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 the posting of another $2,000 bond by noon of February 11, 1998. Jeanne Balzano stated that is financially very hard. Mr. Suathman responded the money will be returned if the work is completed. Karen Rustad, 1113 Suburban, appeazed and stated she had an azchitectural engineer at her house. She presented a letter to Gerry Strathman. Ms. Rustad stated she had to remove part of the retaining wall 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 retumed the letter to Ms. Rustad. Gerry Strathman stated the City Council will not get into the matter of the retaining wall either, but recommended 7eanne Balzano appear at the Councii meeting on February 1 I since there may be a daspute. The Legislative Hearing Officer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February 1 l, 1998. 2125 Waukon Avenue Chuck Votei 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 buiiding fees aze due. The real estate taYes aze paid. The estimated cost to repair is $30,000 and the cost to demolish is $5,500. John Nelson and Lu•ry 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 January 1997 that there was a condemnation order. They plan to market the property. Mr. Asche is the property manager. He will make artangements to post the vacant bu3lding fee and get a code compliance report. TCF Bank would like additional time to get the property sold. Gerry Strathman recommended a layover 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. q�-�a� . .,., Date: �ebruary 3, 1998 Time: 10:00 a.m. Piace: Room 330 City Hall I S West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comp]y with the resolution, Public Health is ordered to remove the building. (Laid over from December 2, 1997) The Legislative Heazing Officer laid over this item to May 5, 1998. 2. Resolution ordering the owner to remove or repair the building located at 83 Douglas Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Heazing Officer recommends approval of the 15 day order to repair or remove the building. 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 Legislative Hearing Officer recommends approval of ihe 15 day order to repair or remove the building. 4. Resolution ordering the owner to remove or repair the building located at 1107 Suburban Avenue. If the owner fails to comply with the resolution, 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 gosted by noon of February I 1, 1998. 5. Resolution ordering the owner to remove or repair the buiiding located at 2125 Waukon Avenue. if the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer ]aid over this item to May 5, 1998. q�-l12 LEGISLATIVE HEARTNG REPORT, 2-3-1998 Page 2 6. Summary Abatement Order regarding property located at 1173 Bradley Street. The Legislative Hearing O�cer recommends denying the appeal but giving the owner until February 9, 1998 to clean up the yazd and unul Mazch 3, 1998 to remove the reaz exterior stairs and the storage shed.