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98-1133G ORIGINAL Presented By Referred To �m���.�� - � , �ti � �l8' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # Green Sheet # 9�-//3 � �� Committee: Date WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood frame structure with a metal storage shed located on property hereinafter referred to as the "Subject Properry" and commonly known as 1107 Suburban Avenue. This property is legally described as follows, to wit: Lot 28, Block 9, Drake's Rearrangement of Blocks 2, 8, 9, 10 and L,ots 1 to 11 of Block 11, all part of Mcl,ean's Reservation to St. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before November 20, 1997, the following are the now known interested or responsible parties for the Subject Property: William H. Demars, Jr., 145 Winifred Street West, St. Paul, MN 55107; Lisa Balzano, 658 Greenbrier Street #{5, St. Paul, MN 55106; St. Paul Postal Employees Credit Union, 2401 North McKnight Rd., I�iorth St. Paul, MN 55109 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 December 12, 1997; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Sub}ect Property by December 29, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Public Health requested that the City Clerk schedule public hearings before the L,egislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served no6ce 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 p8 ir3 WHEREAS, a hearing was held before the Legislauve Hearing Officer of the Saint Paul City Council on Tuesday, February 3, 1998 to hear testunony 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, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitarion or demolition of the structure to be completed within after the date of the Council Hearing; and /� ��°'���-" "'"°^ �dJe�c.;:�e..� o� �Ra. o00 �D���a. is po�'�<� �.�. Y�ccn ar� WHEREAS, a hearing was held�before the Saint Paul City Council on Wednesday, February 11, 1998 and the testimony and evidence including the action taken by the I.egislative Hearing Officer was considered by the CouncIl; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 1107 Suburban Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul L.egisla6ve Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estunated 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 Properry. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsibie 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 monitared by the Vacant/Nuisance 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 arder: 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 communiry by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternauve by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the struchue must be completed within-€'�#'tee�TS��ays after the date of the Council Hearing. �-�-��`��,r,�,e�.}�S 98'-ii3 � 2 3 4 5 6 7 8 9 10 11 12 13 ORIGfNAL 2. If the above corrective action is not completed withiu this period of time the Public Health, Code Enfarcement Frogrun is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul I.egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fistures of any kind 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 properry as provided by law. 4. It is further ordered, that a copy of this resoluuon be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: Fire• Code Enforcement Division By: �4dw� Form Approved by City Attorney By: ,��P/N, G�� /-d0�� —_� - By Approved by By: by Mayor for Submission to Adopted by Council: Date _� \ !� Adoption Certified by Council Secretary Code Enforcement Programs bMACT PFRSON E Charles A. ote 292-7718 ����� Ol/09/98 GREEN SHEET 9�r-ii3 No 6155'7 InMWI0a1� a„-�. �.�,�,,.�K,� February 11, 1998 TOTAL � OF SIGNATURE "�" Q �,,,,,�, �ry � aa-er Q �,,,� ��� � � ❑,�,.,�,ti�� ..�.�.� � W,,,��...�.,w., ❑ iS I (CUP 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 resolution, Public Health is ordered to remove the building. The subject property is located at 1107 Suburban Avenue. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION Flas this Pe��rm erer wwkea under a conhact for Nis tleparrmeM7 YES NO Has this peisonfirm sm heen a aty empbyce4 VES NO Does fhis persaruhrm possess a sltill not ndmallypossessed by airy curreM city emWoyee? YES NO Is this (x�sonlEtm atarge[ed vendoft 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 ll07 Suburban Avenue by December 29, 1997, and haue failed to comply with those orders. iiy_r:Ta-r.rr�.� The City will eliminate a nuisance. , �e�e e w � `�'��' 20 19�8 _��� (�� . � m nrrrtvvcv will spend funds to wreck and remove this building(s). These costs will be assessed to the collected as a special assessment against the property taafes. �a,wvwv��w�r rwt nrrrt�vw A nuisance condition will remain unabated in the City. Tlus building(s) will continue to blight the community. DTAI.NdOUNTOFTRANSACT10N2 � ' � COSTIREVENUEBUDOETED(CIRCLEON� YES NO Nuisance Housing Abatement � ��_ 3261 UNDING SOURCE ACTMTY NUMBER ."'�� ��"�� t� na�:a�a,g y NNiLIALINFORMATION (EXPWM JAN 16 1998 DEPAR"Ii�fE�.'T OF FIRE pYD SAFETY SERVICES �O II.,� Timo(hy K. Fuller, Fire Chiej DIVIS[ON OF PRO?ER?Y CODE ENFORCEMENC Charles Yotel, Program Di�ector CTI'Y OF St-11NT PAIJI, Nuirance Bui[ding Code f�jorcement Norm Co(eman, Hfayor 555 Cedar Strzet Te[: 612-298-4153 Sainr Pau1, hN Si101-2160 Fax: 612-222-2770 i 7anuary 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Councii Saint Paul Public Heaith, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution orderin� the repair or removal of the nuisance building(s) located at: 110'7 Suburban Avenue The City Councii has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, February 3, 1998 City Councit Hearing - Wednesdap, February 11, 1948 The owners and responsible parties of record are: Name and Last Known Address Interest William H. Demars, Jr. Fee Owner 145 Winifred Street West St. Paul, MN 55107 Lisa Baizano Fee Owner 658 Greenbrier Street #5 St. Paul, MN 55106 St. Paul Postal Bmployees Credit Union Mortgagee 2401 North McKnight Rd. North St. Paul, MN 55109 The legal description of this property is: Lots 28, Block 9, Drake's Rearrangement of Blocks 2, 8, 9, 10 and Lots 1 to 11 of Block 11, all part of McLean's Reservation to St. Paul 98-//� 1107 Suburban Avenue January 9, 1998 Page 2 Saint Paul Public FIealth has declared this building(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Public Aeaith has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Councii pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildin; in a tnnely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. S' erely, � �� Rene Weiss Program Supervisor VacanUNuisance 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 Councii Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Aivision 01-93 9ft-�i3 NIIN[JTES OF LEGISLATIVE HEARING February 3, 1998 Room 33Q City Hall Gerry Strathman, L.egisiative Hearing Officer STAFF PRESENT: Chuck Votel and Guy Wiilits, Public Health Gerry Suathman, Legislative Hearing Officer, called the meeung to order at 10:02 a.m. 1173 Bradiev 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 aze 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 Suathman recommended denying the appeal but giving the owner unti] February 9, 2998 to clean ug the yazd and until Mazch 3, 1948 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 Vote] reported that Standard Federal Bank owns the property as of January 17, 1998. The owners stated their intention is to get a code compliance inspection and sell the property. lames Geske asked for a postponement and some time to pay the vacant buiiding 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 would lay over this item to May 5, 1998. Chuck Votel had no problem with the layover. 83 Dou¢las Street Chuck Votel repofted this has been vacant since March 1996. The cunent 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 taxes are 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 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 r `Tg !/ 3 MINVTES OF LEGISLATNE 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 na 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, appeazed and stated her parents owned the property. She hasn't been in the house since June 6, 1995 when her father died. Her sister and four chiidren were living there. Evidentiy, 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 taxes are due. Caroi 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. Geiry Strathman stated there is an HRA mortgage on this property and a lien. Someone will have to establish ownership and take responsibility for the buiiding. Chuck Votel explained the owner has died and there are a number of potential heirs. Given the fact the building is condemned, in a serious state of disrepair, and absent anyone to show clear ownership and resources to repair it, Gerry Strathman recommends approval of the 15 day order to remove or repair the building. Joanne Berchard asked how she couid teil 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 DepartmenYs 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 remova] of the building. 1107 Suburban Avenue Jeanne Balzano, 145 W. Winifred, appeazed and stated the house was for her daughter who is ill and not able to come in. Ms. Baizano's fiance signed for the owner of the house. 98 �t3 MINUTES OF LEGIST,AfiIVE HEARING OF FEBRUARY 3, 1998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The current property owners are listed as William H. Demars, Jr. and Lisa Balzano. They have stated they would like to renovate the building but have not made significant progress. Five summary abatements have been issued for yazd work and snow removal. Real Estate taJCes aze unpaid. A code compliance inspection 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 compliance 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 inspecuon. 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 furnace had to be replaced. Ms. Balzano has gone over everything with the fumace inspector. About 80% of the sheet rock has been changed. There aze 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. The ceiling fixture in the tiving 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. Gezry Strathman asked was anyone living there now. Jeanne Baizano responded no but someone could because there is heat, sufficient plumbing, 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 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 Jeanne Balzano is correct, then this building is not a candidate for demolition. He asked when this 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 walt also. Jeanne Balzano added one of her neighbors has been compiaining about structural damage to the neighbor's home caused by the retaining wall. This neighbor has been calling the police and causing other probiems. 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 properiy 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 9P^//3 MINUTES OF LEGISLATIVE HEAI2II3G 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 (LIEP) Office. Gerry Sirathman stated this is a civil dispute and is not something that can be resolved here. Getry 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. Suathman is uoubled 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 Baizano stated that is financialiy very hazd. 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 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 Sttathman 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 wil] not get into the matter of the retaining wali either, but recommended Jeanne Balzano appeaz at the Council meeting on February 11 since there may be a dispute. The Lzgislative Heazing Of�cer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of Rebruary 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 taxes aze paid. The esdmated cost to repair is $30,000 and the cost to demolish is $5,500. 7ohn Nelson and Larry Asche, both from TCF Bank, appeared at ihe 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 condemnadon 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. 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. 9F //3 REPORT Date: February 3, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Suathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the building located at 9 Acker Sueet 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 Legislative Hearing Officer laid over this item to May 5, 1998. 2. Resolution ordering the owner to remove or repair the building located at 83 Doue]as Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egisiative Hearing Officer recommends approval of the IS 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 resolu6on, 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. 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 Officez recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February 11, 1998. 5. Resolution ordering the owner to remove or repair the building located at 2125 Waukon Avenue. If the owner fails to comply with the reso9ution, Public Health is ordered to remove the building. The Legislative Hearing Officer laid over this item to May 5, 1998. q � -►« I,EGI3LATIVE HEARING REPORT, 2-3-1998 Page 2 6. Summary Abatement Order regarding property located at 1173 Bradley Street. The Legisiative Hearing Officer recommends denying the appeal but giving the owner untii February 9, 1998 to clean up the yard and until Mazch 3, 1998 to remove the rear exterior stairs and the storage shed. 3G ORIGINAL Presented By Referred To �m���.�� - � , �ti � �l8' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # Green Sheet # 9�-//3 � �� Committee: Date WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood frame structure with a metal storage shed located on property hereinafter referred to as the "Subject Properry" and commonly known as 1107 Suburban Avenue. This property is legally described as follows, to wit: Lot 28, Block 9, Drake's Rearrangement of Blocks 2, 8, 9, 10 and L,ots 1 to 11 of Block 11, all part of Mcl,ean's Reservation to St. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before November 20, 1997, the following are the now known interested or responsible parties for the Subject Property: William H. Demars, Jr., 145 Winifred Street West, St. Paul, MN 55107; Lisa Balzano, 658 Greenbrier Street #{5, St. Paul, MN 55106; St. Paul Postal Employees Credit Union, 2401 North McKnight Rd., I�iorth St. Paul, MN 55109 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 December 12, 1997; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Sub}ect Property by December 29, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Public Health requested that the City Clerk schedule public hearings before the L,egislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served no6ce 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 p8 ir3 WHEREAS, a hearing was held before the Legislauve Hearing Officer of the Saint Paul City Council on Tuesday, February 3, 1998 to hear testunony 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, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitarion or demolition of the structure to be completed within after the date of the Council Hearing; and /� ��°'���-" "'"°^ �dJe�c.;:�e..� o� �Ra. o00 �D���a. is po�'�<� �.�. Y�ccn ar� WHEREAS, a hearing was held�before the Saint Paul City Council on Wednesday, February 11, 1998 and the testimony and evidence including the action taken by the I.egislative Hearing Officer was considered by the CouncIl; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 1107 Suburban Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul L.egisla6ve Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estunated 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 Properry. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsibie 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 monitared by the Vacant/Nuisance 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 arder: 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 communiry by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternauve by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the struchue must be completed within-€'�#'tee�TS��ays after the date of the Council Hearing. �-�-��`��,r,�,e�.}�S 98'-ii3 � 2 3 4 5 6 7 8 9 10 11 12 13 ORIGfNAL 2. If the above corrective action is not completed withiu this period of time the Public Health, Code Enfarcement Frogrun is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul I.egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fistures of any kind 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 properry as provided by law. 4. It is further ordered, that a copy of this resoluuon be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: Fire• Code Enforcement Division By: �4dw� Form Approved by City Attorney By: ,��P/N, G�� /-d0�� —_� - By Approved by By: by Mayor for Submission to Adopted by Council: Date _� \ !� Adoption Certified by Council Secretary Code Enforcement Programs bMACT PFRSON E Charles A. ote 292-7718 ����� Ol/09/98 GREEN SHEET 9�r-ii3 No 6155'7 InMWI0a1� a„-�. �.�,�,,.�K,� February 11, 1998 TOTAL � OF SIGNATURE "�" Q �,,,,,�, �ry � aa-er Q �,,,� ��� � � ❑,�,.,�,ti�� ..�.�.� � W,,,��...�.,w., ❑ iS I (CUP 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 resolution, Public Health is ordered to remove the building. The subject property is located at 1107 Suburban Avenue. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION Flas this Pe��rm erer wwkea under a conhact for Nis tleparrmeM7 YES NO Has this peisonfirm sm heen a aty empbyce4 VES NO Does fhis persaruhrm possess a sltill not ndmallypossessed by airy curreM city emWoyee? YES NO Is this (x�sonlEtm atarge[ed vendoft 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 ll07 Suburban Avenue by December 29, 1997, and haue failed to comply with those orders. iiy_r:Ta-r.rr�.� The City will eliminate a nuisance. , �e�e e w � `�'��' 20 19�8 _��� (�� . � m nrrrtvvcv will spend funds to wreck and remove this building(s). These costs will be assessed to the collected as a special assessment against the property taafes. �a,wvwv��w�r rwt nrrrt�vw A nuisance condition will remain unabated in the City. Tlus building(s) will continue to blight the community. DTAI.NdOUNTOFTRANSACT10N2 � ' � COSTIREVENUEBUDOETED(CIRCLEON� YES NO Nuisance Housing Abatement � ��_ 3261 UNDING SOURCE ACTMTY NUMBER ."'�� ��"�� t� na�:a�a,g y NNiLIALINFORMATION (EXPWM JAN 16 1998 DEPAR"Ii�fE�.'T OF FIRE pYD SAFETY SERVICES �O II.,� Timo(hy K. Fuller, Fire Chiej DIVIS[ON OF PRO?ER?Y CODE ENFORCEMENC Charles Yotel, Program Di�ector CTI'Y OF St-11NT PAIJI, Nuirance Bui[ding Code f�jorcement Norm Co(eman, Hfayor 555 Cedar Strzet Te[: 612-298-4153 Sainr Pau1, hN Si101-2160 Fax: 612-222-2770 i 7anuary 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Councii Saint Paul Public Heaith, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution orderin� the repair or removal of the nuisance building(s) located at: 110'7 Suburban Avenue The City Councii has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, February 3, 1998 City Councit Hearing - Wednesdap, February 11, 1948 The owners and responsible parties of record are: Name and Last Known Address Interest William H. Demars, Jr. Fee Owner 145 Winifred Street West St. Paul, MN 55107 Lisa Baizano Fee Owner 658 Greenbrier Street #5 St. Paul, MN 55106 St. Paul Postal Bmployees Credit Union Mortgagee 2401 North McKnight Rd. North St. Paul, MN 55109 The legal description of this property is: Lots 28, Block 9, Drake's Rearrangement of Blocks 2, 8, 9, 10 and Lots 1 to 11 of Block 11, all part of McLean's Reservation to St. Paul 98-//� 1107 Suburban Avenue January 9, 1998 Page 2 Saint Paul Public FIealth has declared this building(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Public Aeaith has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Councii pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildin; in a tnnely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. S' erely, � �� Rene Weiss Program Supervisor VacanUNuisance 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 Councii Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Aivision 01-93 9ft-�i3 NIIN[JTES OF LEGISLATIVE HEARING February 3, 1998 Room 33Q City Hall Gerry Strathman, L.egisiative Hearing Officer STAFF PRESENT: Chuck Votel and Guy Wiilits, Public Health Gerry Suathman, Legislative Hearing Officer, called the meeung to order at 10:02 a.m. 1173 Bradiev 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 aze 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 Suathman recommended denying the appeal but giving the owner unti] February 9, 2998 to clean ug the yazd and until Mazch 3, 1948 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 Vote] reported that Standard Federal Bank owns the property as of January 17, 1998. The owners stated their intention is to get a code compliance inspection and sell the property. lames Geske asked for a postponement and some time to pay the vacant buiiding 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 would lay over this item to May 5, 1998. Chuck Votel had no problem with the layover. 83 Dou¢las Street Chuck Votel repofted this has been vacant since March 1996. The cunent 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 taxes are 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 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 r `Tg !/ 3 MINVTES OF LEGISLATNE 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 na 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, appeazed and stated her parents owned the property. She hasn't been in the house since June 6, 1995 when her father died. Her sister and four chiidren were living there. Evidentiy, 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 taxes are due. Caroi 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. Geiry Strathman stated there is an HRA mortgage on this property and a lien. Someone will have to establish ownership and take responsibility for the buiiding. Chuck Votel explained the owner has died and there are a number of potential heirs. Given the fact the building is condemned, in a serious state of disrepair, and absent anyone to show clear ownership and resources to repair it, Gerry Strathman recommends approval of the 15 day order to remove or repair the building. Joanne Berchard asked how she couid teil 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 DepartmenYs 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 remova] of the building. 1107 Suburban Avenue Jeanne Balzano, 145 W. Winifred, appeazed and stated the house was for her daughter who is ill and not able to come in. Ms. Baizano's fiance signed for the owner of the house. 98 �t3 MINUTES OF LEGIST,AfiIVE HEARING OF FEBRUARY 3, 1998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The current property owners are listed as William H. Demars, Jr. and Lisa Balzano. They have stated they would like to renovate the building but have not made significant progress. Five summary abatements have been issued for yazd work and snow removal. Real Estate taJCes aze unpaid. A code compliance inspection 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 compliance 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 inspecuon. 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 furnace had to be replaced. Ms. Balzano has gone over everything with the fumace inspector. About 80% of the sheet rock has been changed. There aze 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. The ceiling fixture in the tiving 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. Gezry Strathman asked was anyone living there now. Jeanne Baizano responded no but someone could because there is heat, sufficient plumbing, 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 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 Jeanne Balzano is correct, then this building is not a candidate for demolition. He asked when this 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 walt also. Jeanne Balzano added one of her neighbors has been compiaining about structural damage to the neighbor's home caused by the retaining wall. This neighbor has been calling the police and causing other probiems. 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 properiy 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 9P^//3 MINUTES OF LEGISLATIVE HEAI2II3G 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 (LIEP) Office. Gerry Sirathman stated this is a civil dispute and is not something that can be resolved here. Getry 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. Suathman is uoubled 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 Baizano stated that is financialiy very hazd. 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 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 Sttathman 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 wil] not get into the matter of the retaining wali either, but recommended Jeanne Balzano appeaz at the Council meeting on February 11 since there may be a dispute. The Lzgislative Heazing Of�cer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of Rebruary 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 taxes aze paid. The esdmated cost to repair is $30,000 and the cost to demolish is $5,500. 7ohn Nelson and Larry Asche, both from TCF Bank, appeared at ihe 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 condemnadon 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. 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. 9F //3 REPORT Date: February 3, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Suathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the building located at 9 Acker Sueet 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 Legislative Hearing Officer laid over this item to May 5, 1998. 2. Resolution ordering the owner to remove or repair the building located at 83 Doue]as Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egisiative Hearing Officer recommends approval of the IS 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 resolu6on, 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. 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 Officez recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February 11, 1998. 5. Resolution ordering the owner to remove or repair the building located at 2125 Waukon Avenue. If the owner fails to comply with the reso9ution, Public Health is ordered to remove the building. The Legislative Hearing Officer laid over this item to May 5, 1998. q � -►« I,EGI3LATIVE HEARING REPORT, 2-3-1998 Page 2 6. Summary Abatement Order regarding property located at 1173 Bradley Street. The Legisiative Hearing Officer recommends denying the appeal but giving the owner untii February 9, 1998 to clean up the yard and until Mazch 3, 1998 to remove the rear exterior stairs and the storage shed. 3G ORIGINAL Presented By Referred To �m���.�� - � , �ti � �l8' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # Green Sheet # 9�-//3 � �� Committee: Date WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood frame structure with a metal storage shed located on property hereinafter referred to as the "Subject Properry" and commonly known as 1107 Suburban Avenue. This property is legally described as follows, to wit: Lot 28, Block 9, Drake's Rearrangement of Blocks 2, 8, 9, 10 and L,ots 1 to 11 of Block 11, all part of Mcl,ean's Reservation to St. Paul WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before November 20, 1997, the following are the now known interested or responsible parties for the Subject Property: William H. Demars, Jr., 145 Winifred Street West, St. Paul, MN 55107; Lisa Balzano, 658 Greenbrier Street #{5, St. Paul, MN 55106; St. Paul Postal Employees Credit Union, 2401 North McKnight Rd., I�iorth St. Paul, MN 55109 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 December 12, 1997; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Sub}ect Property by December 29, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Public Health requested that the City Clerk schedule public hearings before the L,egislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served no6ce 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 p8 ir3 WHEREAS, a hearing was held before the Legislauve Hearing Officer of the Saint Paul City Council on Tuesday, February 3, 1998 to hear testunony 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, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitarion or demolition of the structure to be completed within after the date of the Council Hearing; and /� ��°'���-" "'"°^ �dJe�c.;:�e..� o� �Ra. o00 �D���a. is po�'�<� �.�. Y�ccn ar� WHEREAS, a hearing was held�before the Saint Paul City Council on Wednesday, February 11, 1998 and the testimony and evidence including the action taken by the I.egislative Hearing Officer was considered by the CouncIl; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 1107 Suburban Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul L.egisla6ve Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estunated 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 Properry. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsibie 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 monitared by the Vacant/Nuisance 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 arder: 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 communiry by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternauve by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the struchue must be completed within-€'�#'tee�TS��ays after the date of the Council Hearing. �-�-��`��,r,�,e�.}�S 98'-ii3 � 2 3 4 5 6 7 8 9 10 11 12 13 ORIGfNAL 2. If the above corrective action is not completed withiu this period of time the Public Health, Code Enfarcement Frogrun is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul I.egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fistures of any kind 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 properry as provided by law. 4. It is further ordered, that a copy of this resoluuon be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: Fire• Code Enforcement Division By: �4dw� Form Approved by City Attorney By: ,��P/N, G�� /-d0�� —_� - By Approved by By: by Mayor for Submission to Adopted by Council: Date _� \ !� Adoption Certified by Council Secretary Code Enforcement Programs bMACT PFRSON E Charles A. ote 292-7718 ����� Ol/09/98 GREEN SHEET 9�r-ii3 No 6155'7 InMWI0a1� a„-�. �.�,�,,.�K,� February 11, 1998 TOTAL � OF SIGNATURE "�" Q �,,,,,�, �ry � aa-er Q �,,,� ��� � � ❑,�,.,�,ti�� ..�.�.� � W,,,��...�.,w., ❑ iS I (CUP 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 resolution, Public Health is ordered to remove the building. The subject property is located at 1107 Suburban Avenue. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION Flas this Pe��rm erer wwkea under a conhact for Nis tleparrmeM7 YES NO Has this peisonfirm sm heen a aty empbyce4 VES NO Does fhis persaruhrm possess a sltill not ndmallypossessed by airy curreM city emWoyee? YES NO Is this (x�sonlEtm atarge[ed vendoft 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 ll07 Suburban Avenue by December 29, 1997, and haue failed to comply with those orders. iiy_r:Ta-r.rr�.� The City will eliminate a nuisance. , �e�e e w � `�'��' 20 19�8 _��� (�� . � m nrrrtvvcv will spend funds to wreck and remove this building(s). These costs will be assessed to the collected as a special assessment against the property taafes. �a,wvwv��w�r rwt nrrrt�vw A nuisance condition will remain unabated in the City. Tlus building(s) will continue to blight the community. DTAI.NdOUNTOFTRANSACT10N2 � ' � COSTIREVENUEBUDOETED(CIRCLEON� YES NO Nuisance Housing Abatement � ��_ 3261 UNDING SOURCE ACTMTY NUMBER ."'�� ��"�� t� na�:a�a,g y NNiLIALINFORMATION (EXPWM JAN 16 1998 DEPAR"Ii�fE�.'T OF FIRE pYD SAFETY SERVICES �O II.,� Timo(hy K. Fuller, Fire Chiej DIVIS[ON OF PRO?ER?Y CODE ENFORCEMENC Charles Yotel, Program Di�ector CTI'Y OF St-11NT PAIJI, Nuirance Bui[ding Code f�jorcement Norm Co(eman, Hfayor 555 Cedar Strzet Te[: 612-298-4153 Sainr Pau1, hN Si101-2160 Fax: 612-222-2770 i 7anuary 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Councii Saint Paul Public Heaith, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution orderin� the repair or removal of the nuisance building(s) located at: 110'7 Suburban Avenue The City Councii has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, February 3, 1998 City Councit Hearing - Wednesdap, February 11, 1948 The owners and responsible parties of record are: Name and Last Known Address Interest William H. Demars, Jr. Fee Owner 145 Winifred Street West St. Paul, MN 55107 Lisa Baizano Fee Owner 658 Greenbrier Street #5 St. Paul, MN 55106 St. Paul Postal Bmployees Credit Union Mortgagee 2401 North McKnight Rd. North St. Paul, MN 55109 The legal description of this property is: Lots 28, Block 9, Drake's Rearrangement of Blocks 2, 8, 9, 10 and Lots 1 to 11 of Block 11, all part of McLean's Reservation to St. Paul 98-//� 1107 Suburban Avenue January 9, 1998 Page 2 Saint Paul Public FIealth has declared this building(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Public Aeaith has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Councii pass a resolution ordering the responsible parties to either repair, or demolish and remove this buildin; in a tnnely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. S' erely, � �� Rene Weiss Program Supervisor VacanUNuisance 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 Councii Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Aivision 01-93 9ft-�i3 NIIN[JTES OF LEGISLATIVE HEARING February 3, 1998 Room 33Q City Hall Gerry Strathman, L.egisiative Hearing Officer STAFF PRESENT: Chuck Votel and Guy Wiilits, Public Health Gerry Suathman, Legislative Hearing Officer, called the meeung to order at 10:02 a.m. 1173 Bradiev 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 aze 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 Suathman recommended denying the appeal but giving the owner unti] February 9, 2998 to clean ug the yazd and until Mazch 3, 1948 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 Vote] reported that Standard Federal Bank owns the property as of January 17, 1998. The owners stated their intention is to get a code compliance inspection and sell the property. lames Geske asked for a postponement and some time to pay the vacant buiiding 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 would lay over this item to May 5, 1998. Chuck Votel had no problem with the layover. 83 Dou¢las Street Chuck Votel repofted this has been vacant since March 1996. The cunent 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 taxes are 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 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 r `Tg !/ 3 MINVTES OF LEGISLATNE 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 na 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, appeazed and stated her parents owned the property. She hasn't been in the house since June 6, 1995 when her father died. Her sister and four chiidren were living there. Evidentiy, 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 taxes are due. Caroi 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. Geiry Strathman stated there is an HRA mortgage on this property and a lien. Someone will have to establish ownership and take responsibility for the buiiding. Chuck Votel explained the owner has died and there are a number of potential heirs. Given the fact the building is condemned, in a serious state of disrepair, and absent anyone to show clear ownership and resources to repair it, Gerry Strathman recommends approval of the 15 day order to remove or repair the building. Joanne Berchard asked how she couid teil 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 DepartmenYs 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 remova] of the building. 1107 Suburban Avenue Jeanne Balzano, 145 W. Winifred, appeazed and stated the house was for her daughter who is ill and not able to come in. Ms. Baizano's fiance signed for the owner of the house. 98 �t3 MINUTES OF LEGIST,AfiIVE HEARING OF FEBRUARY 3, 1998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The current property owners are listed as William H. Demars, Jr. and Lisa Balzano. They have stated they would like to renovate the building but have not made significant progress. Five summary abatements have been issued for yazd work and snow removal. Real Estate taJCes aze unpaid. A code compliance inspection 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 compliance 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 inspecuon. 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 furnace had to be replaced. Ms. Balzano has gone over everything with the fumace inspector. About 80% of the sheet rock has been changed. There aze 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. The ceiling fixture in the tiving 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. Gezry Strathman asked was anyone living there now. Jeanne Baizano responded no but someone could because there is heat, sufficient plumbing, 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 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 Jeanne Balzano is correct, then this building is not a candidate for demolition. He asked when this 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 walt also. Jeanne Balzano added one of her neighbors has been compiaining about structural damage to the neighbor's home caused by the retaining wall. This neighbor has been calling the police and causing other probiems. 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 properiy 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 9P^//3 MINUTES OF LEGISLATIVE HEAI2II3G 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 (LIEP) Office. Gerry Sirathman stated this is a civil dispute and is not something that can be resolved here. Getry 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. Suathman is uoubled 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 Baizano stated that is financialiy very hazd. 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 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 Sttathman 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 wil] not get into the matter of the retaining wali either, but recommended Jeanne Balzano appeaz at the Council meeting on February 11 since there may be a dispute. The Lzgislative Heazing Of�cer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of Rebruary 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 taxes aze paid. The esdmated cost to repair is $30,000 and the cost to demolish is $5,500. 7ohn Nelson and Larry Asche, both from TCF Bank, appeared at ihe 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 condemnadon 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. 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. 9F //3 REPORT Date: February 3, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Suathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the building located at 9 Acker Sueet 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 Legislative Hearing Officer laid over this item to May 5, 1998. 2. Resolution ordering the owner to remove or repair the building located at 83 Doue]as Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egisiative Hearing Officer recommends approval of the IS 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 resolu6on, 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. 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 Officez recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February 11, 1998. 5. Resolution ordering the owner to remove or repair the building located at 2125 Waukon Avenue. If the owner fails to comply with the reso9ution, Public Health is ordered to remove the building. The Legislative Hearing Officer laid over this item to May 5, 1998. q � -►« I,EGI3LATIVE HEARING REPORT, 2-3-1998 Page 2 6. Summary Abatement Order regarding property located at 1173 Bradley Street. The Legisiative Hearing Officer recommends denying the appeal but giving the owner untii February 9, 1998 to clean up the yard and until Mazch 3, 1998 to remove the rear exterior stairs and the storage shed.