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98-114� ORIG(NAL Presented By ��\�� ^ � � ` � q p Council File # ��+ ��/7 \O C Green Sheet # �� J� RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Referred To ` Committee: Date 1 WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider 2 the advisability and necessity of ordering the repair ar wrecking and removal of a one-story, wood 3 frame, single family structure located on property hereinafter referred to as the "Subject Properry" 4 and commonly known as 2125 Waukon Avenue. This properry is legally described as follows, to 5 wit: 6 7 I.ots 31 and 32, Block 29, Beaver Lake Heights 8 9 WFiEREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Public Health on or before October 9, 1997, the following are the now 11 known inierested or responsible parties for the Subject Property: Secretary of Veterans Affairs, 1 12 Federal Drive, Fort Snelling, MN 55111, Attn: Ann M. Keller; Troy and Nicole Erickson, 2125 13 Waukon Avenue, St. Paul, MN 55119 14 15 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 16 Saint Paul L.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated 17 October 29, 1997; and 18 19 WHEREAS, this order informed the then known interested or responsible parties that the 20 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 21 22 WHEREAS, this order informed the interested or responsible parties that they must repair or 23 demolish the structure located on the Subject Properry by December 1, 1997; and 24 25 WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring 26 this building(s) to constitute a nuisance condition; subject to demolition; and 27 28 WHEREAS, this nuisance condition has not been corrected and Public Health requested that 29 the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council 30 and the Saint Paul City Council; and 31 32 WHEREAS, the interested and responsible parties have been served notice in accordance 33 with the provisions of Chapter 45 of the Saint Paul L,egislative Code, of the time, date, place and 34 purpose of the public hearings; and 35 36 WHEREAS, a hearing was held before the L.egisiative Hearing Officer of the Saint Paul City 37 Council on T`uesday, February 3, 1998 to hear testimony and evidence, and after receiving 38 testimony and evidence, made the recommendation to approve the request to order the interested or 39 responsible parties to make the 5ubject Property safe and not detrimental to the public peace, health, 40 safery and welfare and remove its blighting influence on the community by rehabilitating this 41 structure in accordance with all applicable codes and ordivances, or in the alternative by 42 demolishing and removing the structure in accordance with all applicable codes and ordinances. 43 The rehabilitation or demolition of the structure to be completed ��-(�5-)-day�-a€tet-�lie � 44 • and � b S e��' . 0 �1 $ � �% °. 9�-i�y M0.� \� � \°�q �' WHE AS, a hearing was held before the Saurt Paul Ciry Council on VJednesday, 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 adogts the following Findings and Order concerning the 5ubject Properry at 2125 VJaukon Avenue: 1. That the Subject Properry comprises a nuisance condifion as defined in Saint Paul L.egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known 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 corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the 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. �'I ' The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the 5ubject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitaung this 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 rehabilitauon or demolition and removal of the structure must be completed '*h' f'f+ ___ !1 G\ A�..� ..fro �h_ AatP nf thr �'^••«�;t 7io..,-;.,r. � a �,� s� ��, lqqg,�- 98-/�y � 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective acrion 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 charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Pau1 Legislauve Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removai shall be removed from the properiy by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. ORIGINAL Requested by Department of: Fire; Code Enforcement Division By: �fi"��5 � VUt�GI Form Approved by City Attorney sy: �C/.e.�2 �� /- �D-�t"� Approved by By: �� -- 'A'�proved by Mayor for Submission to Council Adopted by Council: Date � Adoption Certified by Council S retary Code Enforcement Programs 292-7718 February 11, 1998 � TOTAL # OF SIGNATURE PAGES Ol/09/98 GREEN SHEET �...,��.� 9� ��y No 61553 ,�w�ma. ��.,n. � �/� i�o-ttg � F � CIIYATiORlEY �^• CRYClLR1I ❑ HlYlM1.tFANCF90R ❑ AI�IICNLiF.RII/�CCT6 � 1111WR(ORI�EAS[IJI[{ ❑ (CLtP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the refezenced building(s}. If the owner fails to comply with the resolution, Public Health is oxdered to remove the building. The subject property is located at 2125 Waukon Avenue. PLANNING CAMMISSION CIB COMMITTEE CML SERVICE COMMISSION Fias N(e Pe«rtn ever been a dtY empbyee? YES NO Does this persoMRrm poeaess a slali not normallypossesaetl by arry current city emWoyee7 YES NO Is ihia peBOri/firm a targeted VeMOY7 VES 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 2125 Waukon Avenue by December 1, 1997, and haue failed to comply with those orders. IF cGtiL'Iv�._ JAN 1 n 1998 The City will eliminate a nuisance. Jqiy 2 0 199$ �� , �� . �� a c3 a�'x., 5z%x�= qSADVAMAGESIFAPPROVED , Q�t'° The City will spend funds to wreck and remove this bui ding(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. AS4DVAMAGES IF NOT APPROVED A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. .po,vvv - a�,vvv AMOUNT OF TRANSACTION S Nuisance Housing Abatement IG SOURCE ISONAL SERVICE CONTRACiS MUSTANSWER THE FOLLOWING Q Has ihis persarJfrm e.cr waked untler a contract fw Nis AepartmeM7 YES NO COST/REVENUE BUOGETED (CIRCLE ON� ncrrvm xw+s�rt NO 33261 (��M DEPARTMEIvT OF FIRE AVD SAFE'R' SERVICES g� ��y Timo(hy K. Fu!ler, Fire ChreJ DIVISiON OF PROPER'IY CODE FVFORCEMENT Chartes Votel, Program Drrzctor C li 1 Qr" JCf11V 1 Pf1VL Nuisartce Building Code Enfor<ement No�m Co(eman, bt¢yor 555 Cedar Sneer Tel: 6l2-298-4153 Saint Pau( MN 55101-3160 Fox: 6I2-222-2770 w� January 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, 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: 2125 Waukon Avenue The City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, February 3, 1998 City Council Hearing - Wednesday, February 11, 1998 The owners and responsible parties of record are: Name and Last Known Address Secretary of Veterans Affairs 1 Federal Drive Fort Snelling, MN 55111 Attn: Ann M. Keller Interest Fee Owner Troy and Nicole Erickson 2125 Waukon Avenue St. Paui, MN 55119 The legal description of this property is: Lots 31 and 32, Block 29, Beaver Lake Heights Interested Party F-, � . ��;�m@ 9 � : � �;_ �:._ _� � �' � � ��^� 16 1998 �= �� `� �� Saint Paul Public Heaith has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this building(s). 9rf-�/y 2125 Waukon Avenue January 9, 1998 Page 2 Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the bli�hting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution orderin� the responsibie parties to either repair, or demolish and remove this buildinQ in a tunely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sin -e ely, � � h� �-�d Rene Weiss Program Supervisor Vacant/Nuisance Suilding Unit Saint Paul Public Health RW:mi cc: 7an Gasterland, Building Tnspection 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 .� . , Date: May 5,1998 T"une: 10:00 am Place: Room 330 City Hall 15 West Kellogg Boulevatd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the buiiding. (L,aid over from 2-3-98) The Legislative Hearing Officer recommends withdrawing the resolution� � � Resolution ordering the owner to remove or repair the building located at 2125 Waukon Avenue. ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Laid over from 2-3-98) The I.egislative Hearing Officer recommends amending the order to remove or repair by September 28, 1998. 3. Summary abatement appeal for 328 Lexin on Parkway North. (Laid over from 4-7-98) The I.egislative Hearing Officer recommends denying the appeal. 4. Summary abatement appeal for 663 York Avenue. (Laid over from the 4-22-98 City Council mee6ng) The Legislative Hearing Officer recommends denying the appeal. 5. Resolution ordering the owner to remove or repair the building located at 948 Forest Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Ttie Legislative Hearing Off'icer recommends amending t6e arder to remove or repair to five days. 98-��y MINUTES OF LEGISLATIVE HEARING February 3, 1998 Room 330, City Hall Gerry Strathman, I.egislative Hearing OfFicer STAFF PRESENT: Chuck Votel and Guy Willits, Public Health Gerry 5trathman, Legislative Hearing Officer, called the meeting to order at 10:02 a.m. 1173 Bradlev Street Arthur Momson, 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 yazd right away. Mr. Morrison responded yes. Mr. Strathman asked when the stairs and shed will be taken care of. Mr. Morrison responded the stairs are blocked off and he is going to get an estimate. Gerry Strathman recommended denying the appeal but giving the owner until February 9, 1998 to clean up the yazd and until March 3, 1998 to remove the reaz exterior stairs and the storage shed. Arthur Morrison asked could he fix the shed. Mr. Strathman responded it has to be removed or repaired, but the repairs have to be done in an acceptabie fashion. 9 Acker Street West (Laid over from December 2, 1997) Chuck Votel reported that Standazd 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. James Geske asked for a postponement and some time to pay the vacant building fee, get a code compliance inspection, and try to sel] 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 Douelas Street Chuck Votel reported this has been vacant since Mazch 1996. The current property owner is Lawrence Lawyer; Mr. Votel has not heard from him. Six summary abatement notices have been issued. The vacant building fees and real estate taaces 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. 7ohn Ortez, 309 Harrison 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' ��y MINUTES OF LEGTSLATNE HEARING OF FEBRUARY 3, 1998 Page 2 extensive with problems such as plumbing, electrical, heaung, zoning. Mr. Strathman asked did Mr. Ortez have any contact with the owner. Mr. Ortez responded no. Mr. Strathman explained that the owner has to come forward to deal with this properry, 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 3trathman recommends approval of the 15 day order to remove or repair the building. Betty Moran, West 7�' Street Federation, appeared and stated she agreed with the recommendation. 758 Lafond Avenue Joanne Berchazd, 308 W. Rose Avenue, appeared and stated her parents owned the property. She hasn't been in the house since 7une 6, 1995 when her father died. Her sister and four children were living there. Evidently, 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. Cazol Erickson, heir to the property, has not discussed her intentions with Public Heaith. 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 Vote] 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 cleaz ownership and resources to repair it, Gerry Strathman recommends approval of the IS day order to remove or repair the building. Joanne Berchard asked how she could tell what needed to be done. Gerry Suathman responded she should order a code compliance inspection. Chuck Votel added she could get a copy of the Public Health DepartmenY s Division of Code Enforcement Order to Abate which lists deficiencies. Ms. Berchazd viewed photos of the house and said she would like a chance to fix it. Mr. Strathman told Ms. Bernard she should get control of the property, post a$2,000 bond, and start the repair. Absent that, Mr. Strathman reiterated his recommendation for removal of the building. 1107 Suburban Avenue Jeanne Balzano, 145 W. Winifred, appeared and stated the house was for her daughter who is ill and not abie to come in. Ms. Balzano's fianc€ signed for the owner of the house. 9� �/y MINUTES OF LEGISLATIVE HEARING OF FEBRUARY 3, 1998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The cunent property owners are listed as William H. Demars, 7r, 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 ta�ces 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 $20,000 and the cost to demolish is $5,600. Jeanne Balzano stated she had a code compliance done February 2, 1998. A lot of work has been done. HUD had done some of it. The Truth-in-Housing was violated and her family is planning to pursue that. Every piece of plumbing has been replaced and it should pass inspection. A licensed plumber needs to be 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 smali things to fix at this point. The inspector complained about switch plate covers being off, but they were off because of painting and wall priming. The ceiling fixture in the living room was down because it was recently sprayed and it was decided to leave it down because of leakage in that area. Ms. Balzano stated she has had some health probJems. 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 unti] spring for repair. Gerry Strathman asked was anyone living there now. 7eanne Balzano responded no but someone could because there is heat, sufficient plumbing, new appliances, new cabinets, new flooring, new floor covering, and new insu]ation. 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 Sffathman 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 wall also. Jeanne Balzano 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 arbitrator. The retaining wall is completely off of her property. According to the neighbor's mother, they have received a sett]ement from Twin City Federal for $2Q000 for water damage. The water damage was done by the previous owner of 1107 Suburban. Gene Adkins, Hitchcock Firm, appeared and stated he represents the neighbor Karen Rustad at 1113 Suburban. The property at i 107 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 9� �,y MINUTES OF LEGISLATIVE HEARING OF FEBRUARY 3, 1998 Page 4 properiy. Jeanne Balzano responded that is not the impression of the engineer called in by Don Wagner of the License Inspections and Environmental Protection (LIEP) O�ce. Gerry Strathman stated this is a civil dispute and is not something that can be resoived 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 removai at this time, however Mr. Strathman is troubled by the long and sordid history of this property. Mr. Strathman recommended an addational 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 hazd. Mr. Strathman responded the money will be retumed if the work is compieted. Kazen Rustad, 1113 Suburban, appeared and stated she had an azchitectural engineer at hez 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 returned the letter to Ms. Rustad. Gerry Strathman stated the City Council will not get Into the matter of the retaining wall either, but recommended Jeanne Baizano appear at the Council meeting on February 11 since there may be a dispute. The Legislative Hearing Officer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February 11, 1998. 2125 Waukon Avenue Chuck Votel reported the house was condemned in May 1997. One summary abatement order was issued to secure the building. An order to abate a nuisance building was issued in October 1997. The vacant building fees are due. The real estate taxes are paid. The estimated cost to xepair is $30,OQ0 and the cost to demolish is $5,5�0. John Nelson and Larry Asche, both from TCF Bank, appeared at the meeting. Mr. Ne]son 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 arrangements to post the vacant building fee and get a code compiiance report. TCF Bank would like additional time to get the property sold. Gerry Strathman recommended a]ayover to May 5, 1998. Hopefuliy in three months there will be a new owner who wiil post the bonds and initiate the necessary repairs. The meeting was adjoumed at 10:51 a.m. �g ��y REPORT Date: February 3, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard 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 comply with the resolution, Public Health is ordered to remove the building. (Laid over from December 2, 1997) The I.egislative Hearing 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 buiiding. The Legislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 3. Resolution ordering the owner to remove or repair the building located at 758 Lafond Avenue. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. The L.egislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 4. Resolution ordering the owner to remove or repair the building 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 posted by noon of February 1 l, 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 resolution, Public Health is ordered to remove the building. The I.egislative Hearing Officer laid over this item to May 5, 1998. 9�'-//Y LEGISLAT'IVE HEARING REPORT, 2-3-1998 Page 2 6. Summary Abatement Order regazding property located at 1173 Bradle Street. Tiie Legislative Hearing O�cer recommends denying the appeal but giving the owner until February 9, 1998 to clean up the yard and until Mazch 3, 1998 to remove the reaz exterior stairs and the storage shed. �� NIINUTES OF TI� LEGISLATIVE HEARING °I �' - � 1 y May 5, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy Willits, Properry Code Enforcement Note: All addresses aze laid over to the May 13 City Council meeting. Gerry Strathman called the meeting to order at 10:01 a.m. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeazed and stated he had his garage tom down. Mr. Casland received a note from his tenants that the inspector had been there that weekend and had given an extension of time. The worker Mr. Casland hired had taken away two loads. Mr. Casland asked the inspector what the citation was for because he thought he had received an extension. The inspector said it was a warning, not an extension. Mr. Casland went to court, paid a reduced fine, and thought it was all over. Gerry Strathman asked about the tires. Tony Casland responded he got chazged for 18 tires. The neighbor said some of the garbage was theirs. Old tenants threw trash behind the gazage. Mr. Casland spent $500 to haul away trash, some of which was not in the film. The shed was tom down because it was becoming such a problem for the neighborhood with people throwing their trash behind it. Ron Tessmer appeazed and stated he spent Saturday and Sunday dismanding the gazage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What was left was a$50 pickup load. Mr. Tessmer was charging $200 for the whole thing. He is surprised the Ciry chazged $900 after 18 hours of work had been put into it. Mr. Tessmer stated there were 11 tires, not 18. Mr. Tessmer gave a statement to Gerry Strathman from a neighbor. The statement was later returned. Guy Willits reported this started in October 1997. The neighbors were complaining. The inspector made attempts to reach the owner. The gazage was partially collapsed. Gerry Strathman stated it looked like the gazage was down in the video. Gerry Suathman looked at the bill. From the video and from what he heazd, Mr. Strathman felt the chazge was excessive. However, the owner was clearly notified and had an opporlunity to remove the problem. ��-►�`� MINUTES FROM THE LEGISLAT'IVE HEARING OF 5-5-98 Page 2 Gerry Strathman recommends the cost be cut in haif: $400 plus a$40 service fee instead of $861 plus the $40 service fee. 553 Edmund Avenue A video was shown. 7ames Morgan and Jeannie Miller, owners, appeazed. Mr. Morgan stated a City worker told him that the work was $100 an hour and said he worked less than an hour. Mr. Morgan wondered why his bill was $310. Gerry Strathman looked at the bill which showed an hour was $180 and five yazds of trash was $90. Mr. Strathman asked how the hour was chazged. Chuck Votel responded the charge is for an hour minimum and it is $180 an hour. Mr. Votel reported on the bottom of the Summary Abatement Notice it reads $170 an hour plus expenses. James Morgan stated he did not get a notice. Jeannie Miller stated the outside of the house was being remodeled and siding was being installed. Some of the things stacked there were from the siding job. It is hard to haul things away two to three times. There should be a standazd. Gerry Strathman stated there is a standazd; things cannot be stored outdoors. Ms. Miller asked was she suppose to remove items immediately each time. Mr. Strathman responded technically yes, but if no one complains then an owner can take a while longer. These orders were issued on December 16 and the work was not done until January 22, which is about five weeks. Gerry Strathman recommends the chazge be reduced to $100 pins $90 for disposal of the trash and $40 service fee for a total of $230. The owner was notified, but he will take the owner's word that the worker told him a different cost. 2125 Waukon Avenue (L.aid over from 2-3-98) Chuck Votel reported the following has been done since February 3: the bond has been posted, a Code Compliance Inspection has been done, a building permit has been issued. This permit expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Suathman recommends the order be amended to September 28, 1998. 328 Lexittaton Parkwav North (I.aid over from 4-7-98) Chuck Votel reported the owner is appealing the demolition of the building. The total cost of the demolition was $23,307.06. There were public hearings held about the property. The City �� -��`� MINUTES FROM TF� LEGISLATIVE FiEARING OF 5-5-98 Page 3 Councii ordered repair or remove. When the owner failed to repair the buIlding, the Ciry removed it. Mohammed Shahidullah, owner, stated Gerry Strathman previously gave him six months to repair the property if he met certain conditions. The Council did not agree with the recommendation and ordered it to be removed or repaired in fifteen days. He did not appear at the City Council hearing and asked what was the process of notifying the owner that the recommendation was not accepted by the Council. Chuck Votel answeren he has documentation that the owner was mailed a certified copy of the resolution. Gerry Suathman stated the City Council is the final authority regazdless of his recommendation. After the City's decision, the owner's recourse with the City is finished. Then a person can go to District Court to seek a temporary restraining order to prevent the City from proceeding. Mohammed Shahidullah asked could he see a copy of the letter. Chuck Votel stated he did not have it with him. Mr. Shahidullah stated he did not get a restraining order because the City moved so fast and had already started to teaz the home down. Gerry Suathman asked what he wanted today. Mohammed Shahidullah responded he wanted to see the letter. Mr. Strathman responded the department is required to give him a copy of the letter. ff he wants a copy, he can request it from the Fire Department. Whether he was notified or not, is up to an attomey to find out. Mr. Shahidullah asked who notified him. Mr. Strathman responded the City Council resolution should have been sent to the property owner. Whether Mr. Shatiidutlati received that is up to an attorney. Mohammed Shahidullah stated $23,000 is a lot of money. For piece of mind, he asked can this assessment be forgiven. Gerry Strathman responded that is unlikely. Thera aze no extraordinary circumstances here. The work was done. The bill was sent. Mr. Shahidullah stated he never received detailed expenses. Gerry Suathman recommends denying the appeal. 948 Forest Street No one appeazed representing the property. Chuck VoteI reported this was condemned in 7une 1997 and has been vacant since August 1997. The owner has not discussed his intentions wiih Mr. Votel's office. Attached to the paperwork on ifiis property is a letter from NovaStar Mortgage Company indicating they intend to take the property over through foreclosure and will get back to Mr. Votel's office when the mortgage foreclosure and redemption period is completed. There is no date specific, but NovaStaz is trying to do a speedy foreclosure on the property. NovaStar was notified of this hearing, but are not here. The City has issued four summary abatement notices. The building has been secured by �� -i ��-1 MINIJTES FROM Tf� LEGISLATIVE HEARING OF 5-5-98 Page 4 the City. The real estate ta�ces for 1997 and the vacant building fees aze unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following people spoke in support of the resolution to remove or repair the building: David Ketz, 1780 Stanford Avenue, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Dan Starr, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Ruth Murphy, 442 Summit #7, Cammunity Design Center; Mary Moore, 960 Duchess; Richazd Beldorf, 953 Forest Street. Gerry Strathman recommends amending the order to remove or repair to five days. (The text of David Ketz's and Dan Starr's tesumony was turned in for the record) 447 Banfil Street and 449 Banfil Street Chuck Votel reported these two properties adjoin each other and the situation for both is very similaz. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has not been occupied since January 1997. The property is owned by the estate of Ferdinand Gaul with Joseph Mullery acting as personal representative. Mr. Mullery says he intends to sell or donate the property. There have been five summary abatement no6ces issued for 449 Banfil and four issued for 447 Banfil. The notices are for cutting tall grass and weeds, removing refuse and animal feces, and securing the building. The City has had to boazd the building. The registration fees are due on both properties and citations have been issued for this reason. Taxes aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $SO,Q00 for 449 Banfil. The cost to demolish is $9,300 for 447 Banfil and $7,319 for 449 Banfil. People from the neighborhood have complained about the property. Gerry Strathman stated there is a letter in his paperwork from Joseph Mullery who says there is a temporary restraining order. Chuck Votel responded there is no restraining order. Mr. Strathman asked has there been any communicaflon with Mr. Mullery other than this letter. Mr. Votel responded Mr. Mullery has talked to the Mayor's office and others in City govemment. The Mayor's office has requested Mr. Votel's office meet Mr. Mullery and go through the properties, but it is up to Mr. Mullery to get in touch with Mr. Votel's office. Mike Strafelda, 740 James Avenue, appeazed and stated he would like to preview the properties and see if they can be tehabbed. Eie has tried to reach 7oseph Mullery but has not been able to. Gerry Strathman responded there is not much the City can do, given the owner is not present and the property is in need of serious rehabilitation. Mike Strafelda asked what he would need to do. ��i>� MII�TUTES FROM TF3E LEGISLATNE HEARING OF 5-5-98 Page 5 Gerry Strathman responded a minimum that is needed is a purchase agreement to stop the process. Gerry Strathman recommends approval of the 15 day order to remove or repair. 1005 Jessie Street Susan Mercurio, 1032 Duluth 5treet #206, Arthur and Dorothy 3ohnson, 1136 East Magnolia Avenue, appeared. Ms. Mercurio is the contract for deed holder. Arthur Johnson has power of attorney for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May 1997. Six summary abatement notices have beQn issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing graffiti. The building has been boarded six 6mes. A bond has not been posted. The cost to repair is $65,000. The cost to demolish is $5,600. Dorothy Johnson stated there has been a vandalism problem on the property and they know where most of the vandalism is coming from. The Johnsons have cleaned up the yazd several times and went back to the next day and it looked just as bad again. The people next door keep throwing their gazbage over. Susan Mercurio stated she called the police at one point because it was snowing and there were cleazly footprints in the snow from the next door home. There are constant police calls to 1001 Jessie. There are two teenage boys living there and the mother had admitted to the police that she cannot control them. The neighbors at 997 Jessie are also having problems. Ms. Mercurio plans to put up a very strong security fence between her and 1001 Jessie. She has custody of her 14 month old and three yeaz old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has slowed down her mortgage process. When the mortgage lender found out the house was in the process of condemnation, he asked for a feasibility study. This was done. The house is structurally sound. The only thing wrong with it is the vandalism. Gerry Strathman asked when can the rehabilitation be completed. Susan Mercurio responded she posted the bond, has a building permit, and hopes to have the building done in six months. Chuck Votel stated the vacant building fee is paid. Gery Strathman recommends amending the order to October 16, 1998 to remove or repair the building. 474 Sherburne Avenue Guy Willits reported this was for scattered gazbage, gazbage bags, and refuse. ��-►►�1 MINtJ'fES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Marvland Avenue Guy Wiliits reported the summary abatement notice was sent 7anuary 29, 1998 and posted. A waming letter was sent 7anuary 27, 1998 to remove snow and ice from public sidewalk. The property was rechecked January 29 and February 4. The work was done February 9. A video was shown. Maurice Burks, owner, appeazed and stated he has six kids, wozks two jobs, and at night. He tries to do the best he can. He thought his shoveling was enough. Gerry Suathman asked did he get the notices that were sent out. Mr. Burks responded yes. Mr. Strathman stated sidewalks have to be cleaz full width. Chuck Votel added there is a bus stop there. Mr. Strathman stated busy streets get complaints when people are going to the bus stop. Gerry Strathman recommends reducing the assessment to $137.50. The City crew was in the neighborhood for two addresses so it probably cost less to do this address. 9 Acker Street West (Laid over from 2-3-98) Chuck Votel reported the building has been rehabbed by the owner. Gerry Strathman recommends withdrawing the resolution. b63 York Avenue (Laid over from the 4-22-98 City Council meeting) No one appeared. A video was shown. Chuck Willits reported the gazage was dilapidated, leaning, harzazdous, and open to access. Gerry Strathman recommends denying the appeal. �� -lt�k MINLTI'ES �ROM THE LEGISLATTVE HEARING OF 5-5-98 Page 7 673 Central Avenue West No one appeared. Gerry Strathman denied the appeal. The meeting was adjoumed at 11:43 a.m � ORIG(NAL Presented By ��\�� ^ � � ` � q p Council File # ��+ ��/7 \O C Green Sheet # �� J� RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Referred To ` Committee: Date 1 WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider 2 the advisability and necessity of ordering the repair ar wrecking and removal of a one-story, wood 3 frame, single family structure located on property hereinafter referred to as the "Subject Properry" 4 and commonly known as 2125 Waukon Avenue. This properry is legally described as follows, to 5 wit: 6 7 I.ots 31 and 32, Block 29, Beaver Lake Heights 8 9 WFiEREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Public Health on or before October 9, 1997, the following are the now 11 known inierested or responsible parties for the Subject Property: Secretary of Veterans Affairs, 1 12 Federal Drive, Fort Snelling, MN 55111, Attn: Ann M. Keller; Troy and Nicole Erickson, 2125 13 Waukon Avenue, St. Paul, MN 55119 14 15 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 16 Saint Paul L.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated 17 October 29, 1997; and 18 19 WHEREAS, this order informed the then known interested or responsible parties that the 20 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 21 22 WHEREAS, this order informed the interested or responsible parties that they must repair or 23 demolish the structure located on the Subject Properry by December 1, 1997; and 24 25 WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring 26 this building(s) to constitute a nuisance condition; subject to demolition; and 27 28 WHEREAS, this nuisance condition has not been corrected and Public Health requested that 29 the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council 30 and the Saint Paul City Council; and 31 32 WHEREAS, the interested and responsible parties have been served notice in accordance 33 with the provisions of Chapter 45 of the Saint Paul L,egislative Code, of the time, date, place and 34 purpose of the public hearings; and 35 36 WHEREAS, a hearing was held before the L.egisiative Hearing Officer of the Saint Paul City 37 Council on T`uesday, February 3, 1998 to hear testimony and evidence, and after receiving 38 testimony and evidence, made the recommendation to approve the request to order the interested or 39 responsible parties to make the 5ubject Property safe and not detrimental to the public peace, health, 40 safery and welfare and remove its blighting influence on the community by rehabilitating this 41 structure in accordance with all applicable codes and ordivances, or in the alternative by 42 demolishing and removing the structure in accordance with all applicable codes and ordinances. 43 The rehabilitation or demolition of the structure to be completed ��-(�5-)-day�-a€tet-�lie � 44 • and � b S e��' . 0 �1 $ � �% °. 9�-i�y M0.� \� � \°�q �' WHE AS, a hearing was held before the Saurt Paul Ciry Council on VJednesday, 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 adogts the following Findings and Order concerning the 5ubject Properry at 2125 VJaukon Avenue: 1. That the Subject Properry comprises a nuisance condifion as defined in Saint Paul L.egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known 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 corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the 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. �'I ' The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the 5ubject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitaung this 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 rehabilitauon or demolition and removal of the structure must be completed '*h' f'f+ ___ !1 G\ A�..� ..fro �h_ AatP nf thr �'^••«�;t 7io..,-;.,r. � a �,� s� ��, lqqg,�- 98-/�y � 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective acrion 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 charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Pau1 Legislauve Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removai shall be removed from the properiy by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. ORIGINAL Requested by Department of: Fire; Code Enforcement Division By: �fi"��5 � VUt�GI Form Approved by City Attorney sy: �C/.e.�2 �� /- �D-�t"� Approved by By: �� -- 'A'�proved by Mayor for Submission to Council Adopted by Council: Date � Adoption Certified by Council S retary Code Enforcement Programs 292-7718 February 11, 1998 � TOTAL # OF SIGNATURE PAGES Ol/09/98 GREEN SHEET �...,��.� 9� ��y No 61553 ,�w�ma. ��.,n. � �/� i�o-ttg � F � CIIYATiORlEY �^• CRYClLR1I ❑ HlYlM1.tFANCF90R ❑ AI�IICNLiF.RII/�CCT6 � 1111WR(ORI�EAS[IJI[{ ❑ (CLtP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the refezenced building(s}. If the owner fails to comply with the resolution, Public Health is oxdered to remove the building. The subject property is located at 2125 Waukon Avenue. PLANNING CAMMISSION CIB COMMITTEE CML SERVICE COMMISSION Fias N(e Pe«rtn ever been a dtY empbyee? YES NO Does this persoMRrm poeaess a slali not normallypossesaetl by arry current city emWoyee7 YES NO Is ihia peBOri/firm a targeted VeMOY7 VES 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 2125 Waukon Avenue by December 1, 1997, and haue failed to comply with those orders. IF cGtiL'Iv�._ JAN 1 n 1998 The City will eliminate a nuisance. Jqiy 2 0 199$ �� , �� . �� a c3 a�'x., 5z%x�= qSADVAMAGESIFAPPROVED , Q�t'° The City will spend funds to wreck and remove this bui ding(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. AS4DVAMAGES IF NOT APPROVED A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. .po,vvv - a�,vvv AMOUNT OF TRANSACTION S Nuisance Housing Abatement IG SOURCE ISONAL SERVICE CONTRACiS MUSTANSWER THE FOLLOWING Q Has ihis persarJfrm e.cr waked untler a contract fw Nis AepartmeM7 YES NO COST/REVENUE BUOGETED (CIRCLE ON� ncrrvm xw+s�rt NO 33261 (��M DEPARTMEIvT OF FIRE AVD SAFE'R' SERVICES g� ��y Timo(hy K. Fu!ler, Fire ChreJ DIVISiON OF PROPER'IY CODE FVFORCEMENT Chartes Votel, Program Drrzctor C li 1 Qr" JCf11V 1 Pf1VL Nuisartce Building Code Enfor<ement No�m Co(eman, bt¢yor 555 Cedar Sneer Tel: 6l2-298-4153 Saint Pau( MN 55101-3160 Fox: 6I2-222-2770 w� January 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, 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: 2125 Waukon Avenue The City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, February 3, 1998 City Council Hearing - Wednesday, February 11, 1998 The owners and responsible parties of record are: Name and Last Known Address Secretary of Veterans Affairs 1 Federal Drive Fort Snelling, MN 55111 Attn: Ann M. Keller Interest Fee Owner Troy and Nicole Erickson 2125 Waukon Avenue St. Paui, MN 55119 The legal description of this property is: Lots 31 and 32, Block 29, Beaver Lake Heights Interested Party F-, � . ��;�m@ 9 � : � �;_ �:._ _� � �' � � ��^� 16 1998 �= �� `� �� Saint Paul Public Heaith has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this building(s). 9rf-�/y 2125 Waukon Avenue January 9, 1998 Page 2 Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the bli�hting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution orderin� the responsibie parties to either repair, or demolish and remove this buildinQ in a tunely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sin -e ely, � � h� �-�d Rene Weiss Program Supervisor Vacant/Nuisance Suilding Unit Saint Paul Public Health RW:mi cc: 7an Gasterland, Building Tnspection 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 .� . , Date: May 5,1998 T"une: 10:00 am Place: Room 330 City Hall 15 West Kellogg Boulevatd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the buiiding. (L,aid over from 2-3-98) The Legislative Hearing Officer recommends withdrawing the resolution� � � Resolution ordering the owner to remove or repair the building located at 2125 Waukon Avenue. ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Laid over from 2-3-98) The I.egislative Hearing Officer recommends amending the order to remove or repair by September 28, 1998. 3. Summary abatement appeal for 328 Lexin on Parkway North. (Laid over from 4-7-98) The I.egislative Hearing Officer recommends denying the appeal. 4. Summary abatement appeal for 663 York Avenue. (Laid over from the 4-22-98 City Council mee6ng) The Legislative Hearing Officer recommends denying the appeal. 5. Resolution ordering the owner to remove or repair the building located at 948 Forest Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Ttie Legislative Hearing Off'icer recommends amending t6e arder to remove or repair to five days. 98-��y MINUTES OF LEGISLATIVE HEARING February 3, 1998 Room 330, City Hall Gerry Strathman, I.egislative Hearing OfFicer STAFF PRESENT: Chuck Votel and Guy Willits, Public Health Gerry 5trathman, Legislative Hearing Officer, called the meeting to order at 10:02 a.m. 1173 Bradlev Street Arthur Momson, 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 yazd right away. Mr. Morrison responded yes. Mr. Strathman asked when the stairs and shed will be taken care of. Mr. Morrison responded the stairs are blocked off and he is going to get an estimate. Gerry Strathman recommended denying the appeal but giving the owner until February 9, 1998 to clean up the yazd and until March 3, 1998 to remove the reaz exterior stairs and the storage shed. Arthur Morrison asked could he fix the shed. Mr. Strathman responded it has to be removed or repaired, but the repairs have to be done in an acceptabie fashion. 9 Acker Street West (Laid over from December 2, 1997) Chuck Votel reported that Standazd 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. James Geske asked for a postponement and some time to pay the vacant building fee, get a code compliance inspection, and try to sel] 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 Douelas Street Chuck Votel reported this has been vacant since Mazch 1996. The current property owner is Lawrence Lawyer; Mr. Votel has not heard from him. Six summary abatement notices have been issued. The vacant building fees and real estate taaces 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. 7ohn Ortez, 309 Harrison 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' ��y MINUTES OF LEGTSLATNE HEARING OF FEBRUARY 3, 1998 Page 2 extensive with problems such as plumbing, electrical, heaung, zoning. Mr. Strathman asked did Mr. Ortez have any contact with the owner. Mr. Ortez responded no. Mr. Strathman explained that the owner has to come forward to deal with this properry, 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 3trathman recommends approval of the 15 day order to remove or repair the building. Betty Moran, West 7�' Street Federation, appeared and stated she agreed with the recommendation. 758 Lafond Avenue Joanne Berchazd, 308 W. Rose Avenue, appeared and stated her parents owned the property. She hasn't been in the house since 7une 6, 1995 when her father died. Her sister and four children were living there. Evidently, 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. Cazol Erickson, heir to the property, has not discussed her intentions with Public Heaith. 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 Vote] 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 cleaz ownership and resources to repair it, Gerry Strathman recommends approval of the IS day order to remove or repair the building. Joanne Berchard asked how she could tell what needed to be done. Gerry Suathman responded she should order a code compliance inspection. Chuck Votel added she could get a copy of the Public Health DepartmenY s Division of Code Enforcement Order to Abate which lists deficiencies. Ms. Berchazd viewed photos of the house and said she would like a chance to fix it. Mr. Strathman told Ms. Bernard she should get control of the property, post a$2,000 bond, and start the repair. Absent that, Mr. Strathman reiterated his recommendation for removal of the building. 1107 Suburban Avenue Jeanne Balzano, 145 W. Winifred, appeared and stated the house was for her daughter who is ill and not abie to come in. Ms. Balzano's fianc€ signed for the owner of the house. 9� �/y MINUTES OF LEGISLATIVE HEARING OF FEBRUARY 3, 1998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The cunent property owners are listed as William H. Demars, 7r, 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 ta�ces 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 $20,000 and the cost to demolish is $5,600. Jeanne Balzano stated she had a code compliance done February 2, 1998. A lot of work has been done. HUD had done some of it. The Truth-in-Housing was violated and her family is planning to pursue that. Every piece of plumbing has been replaced and it should pass inspection. A licensed plumber needs to be 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 smali things to fix at this point. The inspector complained about switch plate covers being off, but they were off because of painting and wall priming. The ceiling fixture in the living room was down because it was recently sprayed and it was decided to leave it down because of leakage in that area. Ms. Balzano stated she has had some health probJems. 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 unti] spring for repair. Gerry Strathman asked was anyone living there now. 7eanne Balzano responded no but someone could because there is heat, sufficient plumbing, new appliances, new cabinets, new flooring, new floor covering, and new insu]ation. 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 Sffathman 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 wall also. Jeanne Balzano 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 arbitrator. The retaining wall is completely off of her property. According to the neighbor's mother, they have received a sett]ement from Twin City Federal for $2Q000 for water damage. The water damage was done by the previous owner of 1107 Suburban. Gene Adkins, Hitchcock Firm, appeared and stated he represents the neighbor Karen Rustad at 1113 Suburban. The property at i 107 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 9� �,y MINUTES OF LEGISLATIVE HEARING OF FEBRUARY 3, 1998 Page 4 properiy. Jeanne Balzano responded that is not the impression of the engineer called in by Don Wagner of the License Inspections and Environmental Protection (LIEP) O�ce. Gerry Strathman stated this is a civil dispute and is not something that can be resoived 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 removai at this time, however Mr. Strathman is troubled by the long and sordid history of this property. Mr. Strathman recommended an addational 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 hazd. Mr. Strathman responded the money will be retumed if the work is compieted. Kazen Rustad, 1113 Suburban, appeared and stated she had an azchitectural engineer at hez 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 returned the letter to Ms. Rustad. Gerry Strathman stated the City Council will not get Into the matter of the retaining wall either, but recommended Jeanne Baizano appear at the Council meeting on February 11 since there may be a dispute. The Legislative Hearing Officer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February 11, 1998. 2125 Waukon Avenue Chuck Votel reported the house was condemned in May 1997. One summary abatement order was issued to secure the building. An order to abate a nuisance building was issued in October 1997. The vacant building fees are due. The real estate taxes are paid. The estimated cost to xepair is $30,OQ0 and the cost to demolish is $5,5�0. John Nelson and Larry Asche, both from TCF Bank, appeared at the meeting. Mr. Ne]son 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 arrangements to post the vacant building fee and get a code compiiance report. TCF Bank would like additional time to get the property sold. Gerry Strathman recommended a]ayover to May 5, 1998. Hopefuliy in three months there will be a new owner who wiil post the bonds and initiate the necessary repairs. The meeting was adjoumed at 10:51 a.m. �g ��y REPORT Date: February 3, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard 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 comply with the resolution, Public Health is ordered to remove the building. (Laid over from December 2, 1997) The I.egislative Hearing 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 buiiding. The Legislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 3. Resolution ordering the owner to remove or repair the building located at 758 Lafond Avenue. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. The L.egislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 4. Resolution ordering the owner to remove or repair the building 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 posted by noon of February 1 l, 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 resolution, Public Health is ordered to remove the building. The I.egislative Hearing Officer laid over this item to May 5, 1998. 9�'-//Y LEGISLAT'IVE HEARING REPORT, 2-3-1998 Page 2 6. Summary Abatement Order regazding property located at 1173 Bradle Street. Tiie Legislative Hearing O�cer recommends denying the appeal but giving the owner until February 9, 1998 to clean up the yard and until Mazch 3, 1998 to remove the reaz exterior stairs and the storage shed. �� NIINUTES OF TI� LEGISLATIVE HEARING °I �' - � 1 y May 5, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy Willits, Properry Code Enforcement Note: All addresses aze laid over to the May 13 City Council meeting. Gerry Strathman called the meeting to order at 10:01 a.m. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeazed and stated he had his garage tom down. Mr. Casland received a note from his tenants that the inspector had been there that weekend and had given an extension of time. The worker Mr. Casland hired had taken away two loads. Mr. Casland asked the inspector what the citation was for because he thought he had received an extension. The inspector said it was a warning, not an extension. Mr. Casland went to court, paid a reduced fine, and thought it was all over. Gerry Strathman asked about the tires. Tony Casland responded he got chazged for 18 tires. The neighbor said some of the garbage was theirs. Old tenants threw trash behind the gazage. Mr. Casland spent $500 to haul away trash, some of which was not in the film. The shed was tom down because it was becoming such a problem for the neighborhood with people throwing their trash behind it. Ron Tessmer appeazed and stated he spent Saturday and Sunday dismanding the gazage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What was left was a$50 pickup load. Mr. Tessmer was charging $200 for the whole thing. He is surprised the Ciry chazged $900 after 18 hours of work had been put into it. Mr. Tessmer stated there were 11 tires, not 18. Mr. Tessmer gave a statement to Gerry Strathman from a neighbor. The statement was later returned. Guy Willits reported this started in October 1997. The neighbors were complaining. The inspector made attempts to reach the owner. The gazage was partially collapsed. Gerry Strathman stated it looked like the gazage was down in the video. Gerry Suathman looked at the bill. From the video and from what he heazd, Mr. Strathman felt the chazge was excessive. However, the owner was clearly notified and had an opporlunity to remove the problem. ��-►�`� MINUTES FROM THE LEGISLAT'IVE HEARING OF 5-5-98 Page 2 Gerry Strathman recommends the cost be cut in haif: $400 plus a$40 service fee instead of $861 plus the $40 service fee. 553 Edmund Avenue A video was shown. 7ames Morgan and Jeannie Miller, owners, appeazed. Mr. Morgan stated a City worker told him that the work was $100 an hour and said he worked less than an hour. Mr. Morgan wondered why his bill was $310. Gerry Strathman looked at the bill which showed an hour was $180 and five yazds of trash was $90. Mr. Strathman asked how the hour was chazged. Chuck Votel responded the charge is for an hour minimum and it is $180 an hour. Mr. Votel reported on the bottom of the Summary Abatement Notice it reads $170 an hour plus expenses. James Morgan stated he did not get a notice. Jeannie Miller stated the outside of the house was being remodeled and siding was being installed. Some of the things stacked there were from the siding job. It is hard to haul things away two to three times. There should be a standazd. Gerry Strathman stated there is a standazd; things cannot be stored outdoors. Ms. Miller asked was she suppose to remove items immediately each time. Mr. Strathman responded technically yes, but if no one complains then an owner can take a while longer. These orders were issued on December 16 and the work was not done until January 22, which is about five weeks. Gerry Strathman recommends the chazge be reduced to $100 pins $90 for disposal of the trash and $40 service fee for a total of $230. The owner was notified, but he will take the owner's word that the worker told him a different cost. 2125 Waukon Avenue (L.aid over from 2-3-98) Chuck Votel reported the following has been done since February 3: the bond has been posted, a Code Compliance Inspection has been done, a building permit has been issued. This permit expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Suathman recommends the order be amended to September 28, 1998. 328 Lexittaton Parkwav North (I.aid over from 4-7-98) Chuck Votel reported the owner is appealing the demolition of the building. The total cost of the demolition was $23,307.06. There were public hearings held about the property. The City �� -��`� MINUTES FROM TF� LEGISLATIVE FiEARING OF 5-5-98 Page 3 Councii ordered repair or remove. When the owner failed to repair the buIlding, the Ciry removed it. Mohammed Shahidullah, owner, stated Gerry Strathman previously gave him six months to repair the property if he met certain conditions. The Council did not agree with the recommendation and ordered it to be removed or repaired in fifteen days. He did not appear at the City Council hearing and asked what was the process of notifying the owner that the recommendation was not accepted by the Council. Chuck Votel answeren he has documentation that the owner was mailed a certified copy of the resolution. Gerry Suathman stated the City Council is the final authority regazdless of his recommendation. After the City's decision, the owner's recourse with the City is finished. Then a person can go to District Court to seek a temporary restraining order to prevent the City from proceeding. Mohammed Shahidullah asked could he see a copy of the letter. Chuck Votel stated he did not have it with him. Mr. Shahidullah stated he did not get a restraining order because the City moved so fast and had already started to teaz the home down. Gerry Suathman asked what he wanted today. Mohammed Shahidullah responded he wanted to see the letter. Mr. Strathman responded the department is required to give him a copy of the letter. ff he wants a copy, he can request it from the Fire Department. Whether he was notified or not, is up to an attomey to find out. Mr. Shahidullah asked who notified him. Mr. Strathman responded the City Council resolution should have been sent to the property owner. Whether Mr. Shatiidutlati received that is up to an attorney. Mohammed Shahidullah stated $23,000 is a lot of money. For piece of mind, he asked can this assessment be forgiven. Gerry Strathman responded that is unlikely. Thera aze no extraordinary circumstances here. The work was done. The bill was sent. Mr. Shahidullah stated he never received detailed expenses. Gerry Suathman recommends denying the appeal. 948 Forest Street No one appeazed representing the property. Chuck VoteI reported this was condemned in 7une 1997 and has been vacant since August 1997. The owner has not discussed his intentions wiih Mr. Votel's office. Attached to the paperwork on ifiis property is a letter from NovaStar Mortgage Company indicating they intend to take the property over through foreclosure and will get back to Mr. Votel's office when the mortgage foreclosure and redemption period is completed. There is no date specific, but NovaStaz is trying to do a speedy foreclosure on the property. NovaStar was notified of this hearing, but are not here. The City has issued four summary abatement notices. The building has been secured by �� -i ��-1 MINIJTES FROM Tf� LEGISLATIVE HEARING OF 5-5-98 Page 4 the City. The real estate ta�ces for 1997 and the vacant building fees aze unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following people spoke in support of the resolution to remove or repair the building: David Ketz, 1780 Stanford Avenue, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Dan Starr, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Ruth Murphy, 442 Summit #7, Cammunity Design Center; Mary Moore, 960 Duchess; Richazd Beldorf, 953 Forest Street. Gerry Strathman recommends amending the order to remove or repair to five days. (The text of David Ketz's and Dan Starr's tesumony was turned in for the record) 447 Banfil Street and 449 Banfil Street Chuck Votel reported these two properties adjoin each other and the situation for both is very similaz. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has not been occupied since January 1997. The property is owned by the estate of Ferdinand Gaul with Joseph Mullery acting as personal representative. Mr. Mullery says he intends to sell or donate the property. There have been five summary abatement no6ces issued for 449 Banfil and four issued for 447 Banfil. The notices are for cutting tall grass and weeds, removing refuse and animal feces, and securing the building. The City has had to boazd the building. The registration fees are due on both properties and citations have been issued for this reason. Taxes aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $SO,Q00 for 449 Banfil. The cost to demolish is $9,300 for 447 Banfil and $7,319 for 449 Banfil. People from the neighborhood have complained about the property. Gerry Strathman stated there is a letter in his paperwork from Joseph Mullery who says there is a temporary restraining order. Chuck Votel responded there is no restraining order. Mr. Strathman asked has there been any communicaflon with Mr. Mullery other than this letter. Mr. Votel responded Mr. Mullery has talked to the Mayor's office and others in City govemment. The Mayor's office has requested Mr. Votel's office meet Mr. Mullery and go through the properties, but it is up to Mr. Mullery to get in touch with Mr. Votel's office. Mike Strafelda, 740 James Avenue, appeazed and stated he would like to preview the properties and see if they can be tehabbed. Eie has tried to reach 7oseph Mullery but has not been able to. Gerry Strathman responded there is not much the City can do, given the owner is not present and the property is in need of serious rehabilitation. Mike Strafelda asked what he would need to do. ��i>� MII�TUTES FROM TF3E LEGISLATNE HEARING OF 5-5-98 Page 5 Gerry Strathman responded a minimum that is needed is a purchase agreement to stop the process. Gerry Strathman recommends approval of the 15 day order to remove or repair. 1005 Jessie Street Susan Mercurio, 1032 Duluth 5treet #206, Arthur and Dorothy 3ohnson, 1136 East Magnolia Avenue, appeared. Ms. Mercurio is the contract for deed holder. Arthur Johnson has power of attorney for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May 1997. Six summary abatement notices have beQn issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing graffiti. The building has been boarded six 6mes. A bond has not been posted. The cost to repair is $65,000. The cost to demolish is $5,600. Dorothy Johnson stated there has been a vandalism problem on the property and they know where most of the vandalism is coming from. The Johnsons have cleaned up the yazd several times and went back to the next day and it looked just as bad again. The people next door keep throwing their gazbage over. Susan Mercurio stated she called the police at one point because it was snowing and there were cleazly footprints in the snow from the next door home. There are constant police calls to 1001 Jessie. There are two teenage boys living there and the mother had admitted to the police that she cannot control them. The neighbors at 997 Jessie are also having problems. Ms. Mercurio plans to put up a very strong security fence between her and 1001 Jessie. She has custody of her 14 month old and three yeaz old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has slowed down her mortgage process. When the mortgage lender found out the house was in the process of condemnation, he asked for a feasibility study. This was done. The house is structurally sound. The only thing wrong with it is the vandalism. Gerry Strathman asked when can the rehabilitation be completed. Susan Mercurio responded she posted the bond, has a building permit, and hopes to have the building done in six months. Chuck Votel stated the vacant building fee is paid. Gery Strathman recommends amending the order to October 16, 1998 to remove or repair the building. 474 Sherburne Avenue Guy Willits reported this was for scattered gazbage, gazbage bags, and refuse. ��-►►�1 MINtJ'fES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Marvland Avenue Guy Wiliits reported the summary abatement notice was sent 7anuary 29, 1998 and posted. A waming letter was sent 7anuary 27, 1998 to remove snow and ice from public sidewalk. The property was rechecked January 29 and February 4. The work was done February 9. A video was shown. Maurice Burks, owner, appeazed and stated he has six kids, wozks two jobs, and at night. He tries to do the best he can. He thought his shoveling was enough. Gerry Suathman asked did he get the notices that were sent out. Mr. Burks responded yes. Mr. Strathman stated sidewalks have to be cleaz full width. Chuck Votel added there is a bus stop there. Mr. Strathman stated busy streets get complaints when people are going to the bus stop. Gerry Strathman recommends reducing the assessment to $137.50. The City crew was in the neighborhood for two addresses so it probably cost less to do this address. 9 Acker Street West (Laid over from 2-3-98) Chuck Votel reported the building has been rehabbed by the owner. Gerry Strathman recommends withdrawing the resolution. b63 York Avenue (Laid over from the 4-22-98 City Council meeting) No one appeared. A video was shown. Chuck Willits reported the gazage was dilapidated, leaning, harzazdous, and open to access. Gerry Strathman recommends denying the appeal. �� -lt�k MINLTI'ES �ROM THE LEGISLATTVE HEARING OF 5-5-98 Page 7 673 Central Avenue West No one appeared. Gerry Strathman denied the appeal. The meeting was adjoumed at 11:43 a.m � ORIG(NAL Presented By ��\�� ^ � � ` � q p Council File # ��+ ��/7 \O C Green Sheet # �� J� RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Referred To ` Committee: Date 1 WHEREAS, Public Health has requested the Ciry Council to hold public hearings to consider 2 the advisability and necessity of ordering the repair ar wrecking and removal of a one-story, wood 3 frame, single family structure located on property hereinafter referred to as the "Subject Properry" 4 and commonly known as 2125 Waukon Avenue. This properry is legally described as follows, to 5 wit: 6 7 I.ots 31 and 32, Block 29, Beaver Lake Heights 8 9 WFiEREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Public Health on or before October 9, 1997, the following are the now 11 known inierested or responsible parties for the Subject Property: Secretary of Veterans Affairs, 1 12 Federal Drive, Fort Snelling, MN 55111, Attn: Ann M. Keller; Troy and Nicole Erickson, 2125 13 Waukon Avenue, St. Paul, MN 55119 14 15 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 16 Saint Paul L.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated 17 October 29, 1997; and 18 19 WHEREAS, this order informed the then known interested or responsible parties that the 20 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 21 22 WHEREAS, this order informed the interested or responsible parties that they must repair or 23 demolish the structure located on the Subject Properry by December 1, 1997; and 24 25 WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring 26 this building(s) to constitute a nuisance condition; subject to demolition; and 27 28 WHEREAS, this nuisance condition has not been corrected and Public Health requested that 29 the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council 30 and the Saint Paul City Council; and 31 32 WHEREAS, the interested and responsible parties have been served notice in accordance 33 with the provisions of Chapter 45 of the Saint Paul L,egislative Code, of the time, date, place and 34 purpose of the public hearings; and 35 36 WHEREAS, a hearing was held before the L.egisiative Hearing Officer of the Saint Paul City 37 Council on T`uesday, February 3, 1998 to hear testimony and evidence, and after receiving 38 testimony and evidence, made the recommendation to approve the request to order the interested or 39 responsible parties to make the 5ubject Property safe and not detrimental to the public peace, health, 40 safery and welfare and remove its blighting influence on the community by rehabilitating this 41 structure in accordance with all applicable codes and ordivances, or in the alternative by 42 demolishing and removing the structure in accordance with all applicable codes and ordinances. 43 The rehabilitation or demolition of the structure to be completed ��-(�5-)-day�-a€tet-�lie � 44 • and � b S e��' . 0 �1 $ � �% °. 9�-i�y M0.� \� � \°�q �' WHE AS, a hearing was held before the Saurt Paul Ciry Council on VJednesday, 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 adogts the following Findings and Order concerning the 5ubject Properry at 2125 VJaukon Avenue: 1. That the Subject Properry comprises a nuisance condifion as defined in Saint Paul L.egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known 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 corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the 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. �'I ' The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the 5ubject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitaung this 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 rehabilitauon or demolition and removal of the structure must be completed '*h' f'f+ ___ !1 G\ A�..� ..fro �h_ AatP nf thr �'^••«�;t 7io..,-;.,r. � a �,� s� ��, lqqg,�- 98-/�y � 2 3 4 5 6 7 8 9 10 11 12 13 2. If the above corrective acrion 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 charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Pau1 Legislauve Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removai shall be removed from the properiy by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. ORIGINAL Requested by Department of: Fire; Code Enforcement Division By: �fi"��5 � VUt�GI Form Approved by City Attorney sy: �C/.e.�2 �� /- �D-�t"� Approved by By: �� -- 'A'�proved by Mayor for Submission to Council Adopted by Council: Date � Adoption Certified by Council S retary Code Enforcement Programs 292-7718 February 11, 1998 � TOTAL # OF SIGNATURE PAGES Ol/09/98 GREEN SHEET �...,��.� 9� ��y No 61553 ,�w�ma. ��.,n. � �/� i�o-ttg � F � CIIYATiORlEY �^• CRYClLR1I ❑ HlYlM1.tFANCF90R ❑ AI�IICNLiF.RII/�CCT6 � 1111WR(ORI�EAS[IJI[{ ❑ (CLtP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the refezenced building(s}. If the owner fails to comply with the resolution, Public Health is oxdered to remove the building. The subject property is located at 2125 Waukon Avenue. PLANNING CAMMISSION CIB COMMITTEE CML SERVICE COMMISSION Fias N(e Pe«rtn ever been a dtY empbyee? YES NO Does this persoMRrm poeaess a slali not normallypossesaetl by arry current city emWoyee7 YES NO Is ihia peBOri/firm a targeted VeMOY7 VES 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 2125 Waukon Avenue by December 1, 1997, and haue failed to comply with those orders. IF cGtiL'Iv�._ JAN 1 n 1998 The City will eliminate a nuisance. Jqiy 2 0 199$ �� , �� . �� a c3 a�'x., 5z%x�= qSADVAMAGESIFAPPROVED , Q�t'° The City will spend funds to wreck and remove this bui ding(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. AS4DVAMAGES IF NOT APPROVED A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. .po,vvv - a�,vvv AMOUNT OF TRANSACTION S Nuisance Housing Abatement IG SOURCE ISONAL SERVICE CONTRACiS MUSTANSWER THE FOLLOWING Q Has ihis persarJfrm e.cr waked untler a contract fw Nis AepartmeM7 YES NO COST/REVENUE BUOGETED (CIRCLE ON� ncrrvm xw+s�rt NO 33261 (��M DEPARTMEIvT OF FIRE AVD SAFE'R' SERVICES g� ��y Timo(hy K. Fu!ler, Fire ChreJ DIVISiON OF PROPER'IY CODE FVFORCEMENT Chartes Votel, Program Drrzctor C li 1 Qr" JCf11V 1 Pf1VL Nuisartce Building Code Enfor<ement No�m Co(eman, bt¢yor 555 Cedar Sneer Tel: 6l2-298-4153 Saint Pau( MN 55101-3160 Fox: 6I2-222-2770 w� January 9, 1998 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, 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: 2125 Waukon Avenue The City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, February 3, 1998 City Council Hearing - Wednesday, February 11, 1998 The owners and responsible parties of record are: Name and Last Known Address Secretary of Veterans Affairs 1 Federal Drive Fort Snelling, MN 55111 Attn: Ann M. Keller Interest Fee Owner Troy and Nicole Erickson 2125 Waukon Avenue St. Paui, MN 55119 The legal description of this property is: Lots 31 and 32, Block 29, Beaver Lake Heights Interested Party F-, � . ��;�m@ 9 � : � �;_ �:._ _� � �' � � ��^� 16 1998 �= �� `� �� Saint Paul Public Heaith has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this building(s). 9rf-�/y 2125 Waukon Avenue January 9, 1998 Page 2 Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the bli�hting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution orderin� the responsibie parties to either repair, or demolish and remove this buildinQ in a tunely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sin -e ely, � � h� �-�d Rene Weiss Program Supervisor Vacant/Nuisance Suilding Unit Saint Paul Public Health RW:mi cc: 7an Gasterland, Building Tnspection 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 .� . , Date: May 5,1998 T"une: 10:00 am Place: Room 330 City Hall 15 West Kellogg Boulevatd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the buiiding. (L,aid over from 2-3-98) The Legislative Hearing Officer recommends withdrawing the resolution� � � Resolution ordering the owner to remove or repair the building located at 2125 Waukon Avenue. ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Laid over from 2-3-98) The I.egislative Hearing Officer recommends amending the order to remove or repair by September 28, 1998. 3. Summary abatement appeal for 328 Lexin on Parkway North. (Laid over from 4-7-98) The I.egislative Hearing Officer recommends denying the appeal. 4. Summary abatement appeal for 663 York Avenue. (Laid over from the 4-22-98 City Council mee6ng) The Legislative Hearing Officer recommends denying the appeal. 5. Resolution ordering the owner to remove or repair the building located at 948 Forest Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Ttie Legislative Hearing Off'icer recommends amending t6e arder to remove or repair to five days. 98-��y MINUTES OF LEGISLATIVE HEARING February 3, 1998 Room 330, City Hall Gerry Strathman, I.egislative Hearing OfFicer STAFF PRESENT: Chuck Votel and Guy Willits, Public Health Gerry 5trathman, Legislative Hearing Officer, called the meeting to order at 10:02 a.m. 1173 Bradlev Street Arthur Momson, 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 yazd right away. Mr. Morrison responded yes. Mr. Strathman asked when the stairs and shed will be taken care of. Mr. Morrison responded the stairs are blocked off and he is going to get an estimate. Gerry Strathman recommended denying the appeal but giving the owner until February 9, 1998 to clean up the yazd and until March 3, 1998 to remove the reaz exterior stairs and the storage shed. Arthur Morrison asked could he fix the shed. Mr. Strathman responded it has to be removed or repaired, but the repairs have to be done in an acceptabie fashion. 9 Acker Street West (Laid over from December 2, 1997) Chuck Votel reported that Standazd 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. James Geske asked for a postponement and some time to pay the vacant building fee, get a code compliance inspection, and try to sel] 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 Douelas Street Chuck Votel reported this has been vacant since Mazch 1996. The current property owner is Lawrence Lawyer; Mr. Votel has not heard from him. Six summary abatement notices have been issued. The vacant building fees and real estate taaces 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. 7ohn Ortez, 309 Harrison 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' ��y MINUTES OF LEGTSLATNE HEARING OF FEBRUARY 3, 1998 Page 2 extensive with problems such as plumbing, electrical, heaung, zoning. Mr. Strathman asked did Mr. Ortez have any contact with the owner. Mr. Ortez responded no. Mr. Strathman explained that the owner has to come forward to deal with this properry, 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 3trathman recommends approval of the 15 day order to remove or repair the building. Betty Moran, West 7�' Street Federation, appeared and stated she agreed with the recommendation. 758 Lafond Avenue Joanne Berchazd, 308 W. Rose Avenue, appeared and stated her parents owned the property. She hasn't been in the house since 7une 6, 1995 when her father died. Her sister and four children were living there. Evidently, 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. Cazol Erickson, heir to the property, has not discussed her intentions with Public Heaith. 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 Vote] 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 cleaz ownership and resources to repair it, Gerry Strathman recommends approval of the IS day order to remove or repair the building. Joanne Berchard asked how she could tell what needed to be done. Gerry Suathman responded she should order a code compliance inspection. Chuck Votel added she could get a copy of the Public Health DepartmenY s Division of Code Enforcement Order to Abate which lists deficiencies. Ms. Berchazd viewed photos of the house and said she would like a chance to fix it. Mr. Strathman told Ms. Bernard she should get control of the property, post a$2,000 bond, and start the repair. Absent that, Mr. Strathman reiterated his recommendation for removal of the building. 1107 Suburban Avenue Jeanne Balzano, 145 W. Winifred, appeared and stated the house was for her daughter who is ill and not abie to come in. Ms. Balzano's fianc€ signed for the owner of the house. 9� �/y MINUTES OF LEGISLATIVE HEARING OF FEBRUARY 3, 1998 Page 3 Chuck Votel reported the building has been vacant since May 1995. The cunent property owners are listed as William H. Demars, 7r, 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 ta�ces 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 $20,000 and the cost to demolish is $5,600. Jeanne Balzano stated she had a code compliance done February 2, 1998. A lot of work has been done. HUD had done some of it. The Truth-in-Housing was violated and her family is planning to pursue that. Every piece of plumbing has been replaced and it should pass inspection. A licensed plumber needs to be 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 smali things to fix at this point. The inspector complained about switch plate covers being off, but they were off because of painting and wall priming. The ceiling fixture in the living room was down because it was recently sprayed and it was decided to leave it down because of leakage in that area. Ms. Balzano stated she has had some health probJems. 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 unti] spring for repair. Gerry Strathman asked was anyone living there now. 7eanne Balzano responded no but someone could because there is heat, sufficient plumbing, new appliances, new cabinets, new flooring, new floor covering, and new insu]ation. 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 Sffathman 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 wall also. Jeanne Balzano 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 arbitrator. The retaining wall is completely off of her property. According to the neighbor's mother, they have received a sett]ement from Twin City Federal for $2Q000 for water damage. The water damage was done by the previous owner of 1107 Suburban. Gene Adkins, Hitchcock Firm, appeared and stated he represents the neighbor Karen Rustad at 1113 Suburban. The property at i 107 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 9� �,y MINUTES OF LEGISLATIVE HEARING OF FEBRUARY 3, 1998 Page 4 properiy. Jeanne Balzano responded that is not the impression of the engineer called in by Don Wagner of the License Inspections and Environmental Protection (LIEP) O�ce. Gerry Strathman stated this is a civil dispute and is not something that can be resoived 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 removai at this time, however Mr. Strathman is troubled by the long and sordid history of this property. Mr. Strathman recommended an addational 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 hazd. Mr. Strathman responded the money will be retumed if the work is compieted. Kazen Rustad, 1113 Suburban, appeared and stated she had an azchitectural engineer at hez 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 returned the letter to Ms. Rustad. Gerry Strathman stated the City Council will not get Into the matter of the retaining wall either, but recommended Jeanne Baizano appear at the Council meeting on February 11 since there may be a dispute. The Legislative Hearing Officer recommends 4 months to complete the rehabilitation on condition that a$2,000 bond is posted by noon of February 11, 1998. 2125 Waukon Avenue Chuck Votel reported the house was condemned in May 1997. One summary abatement order was issued to secure the building. An order to abate a nuisance building was issued in October 1997. The vacant building fees are due. The real estate taxes are paid. The estimated cost to xepair is $30,OQ0 and the cost to demolish is $5,5�0. John Nelson and Larry Asche, both from TCF Bank, appeared at the meeting. Mr. Ne]son 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 arrangements to post the vacant building fee and get a code compiiance report. TCF Bank would like additional time to get the property sold. Gerry Strathman recommended a]ayover to May 5, 1998. Hopefuliy in three months there will be a new owner who wiil post the bonds and initiate the necessary repairs. The meeting was adjoumed at 10:51 a.m. �g ��y REPORT Date: February 3, 1998 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard 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 comply with the resolution, Public Health is ordered to remove the building. (Laid over from December 2, 1997) The I.egislative Hearing 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 buiiding. The Legislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 3. Resolution ordering the owner to remove or repair the building located at 758 Lafond Avenue. If the owner fails to comply with the resolution, Pubiic Health is ordered to remove the building. The L.egislative Hearing Officer recommends approval of the 15 day order to repair or remove the building. 4. Resolution ordering the owner to remove or repair the building 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 posted by noon of February 1 l, 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 resolution, Public Health is ordered to remove the building. The I.egislative Hearing Officer laid over this item to May 5, 1998. 9�'-//Y LEGISLAT'IVE HEARING REPORT, 2-3-1998 Page 2 6. Summary Abatement Order regazding property located at 1173 Bradle Street. Tiie Legislative Hearing O�cer recommends denying the appeal but giving the owner until February 9, 1998 to clean up the yard and until Mazch 3, 1998 to remove the reaz exterior stairs and the storage shed. �� NIINUTES OF TI� LEGISLATIVE HEARING °I �' - � 1 y May 5, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy Willits, Properry Code Enforcement Note: All addresses aze laid over to the May 13 City Council meeting. Gerry Strathman called the meeting to order at 10:01 a.m. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeazed and stated he had his garage tom down. Mr. Casland received a note from his tenants that the inspector had been there that weekend and had given an extension of time. The worker Mr. Casland hired had taken away two loads. Mr. Casland asked the inspector what the citation was for because he thought he had received an extension. The inspector said it was a warning, not an extension. Mr. Casland went to court, paid a reduced fine, and thought it was all over. Gerry Strathman asked about the tires. Tony Casland responded he got chazged for 18 tires. The neighbor said some of the garbage was theirs. Old tenants threw trash behind the gazage. Mr. Casland spent $500 to haul away trash, some of which was not in the film. The shed was tom down because it was becoming such a problem for the neighborhood with people throwing their trash behind it. Ron Tessmer appeazed and stated he spent Saturday and Sunday dismanding the gazage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What was left was a$50 pickup load. Mr. Tessmer was charging $200 for the whole thing. He is surprised the Ciry chazged $900 after 18 hours of work had been put into it. Mr. Tessmer stated there were 11 tires, not 18. Mr. Tessmer gave a statement to Gerry Strathman from a neighbor. The statement was later returned. Guy Willits reported this started in October 1997. The neighbors were complaining. The inspector made attempts to reach the owner. The gazage was partially collapsed. Gerry Strathman stated it looked like the gazage was down in the video. Gerry Suathman looked at the bill. From the video and from what he heazd, Mr. Strathman felt the chazge was excessive. However, the owner was clearly notified and had an opporlunity to remove the problem. ��-►�`� MINUTES FROM THE LEGISLAT'IVE HEARING OF 5-5-98 Page 2 Gerry Strathman recommends the cost be cut in haif: $400 plus a$40 service fee instead of $861 plus the $40 service fee. 553 Edmund Avenue A video was shown. 7ames Morgan and Jeannie Miller, owners, appeazed. Mr. Morgan stated a City worker told him that the work was $100 an hour and said he worked less than an hour. Mr. Morgan wondered why his bill was $310. Gerry Strathman looked at the bill which showed an hour was $180 and five yazds of trash was $90. Mr. Strathman asked how the hour was chazged. Chuck Votel responded the charge is for an hour minimum and it is $180 an hour. Mr. Votel reported on the bottom of the Summary Abatement Notice it reads $170 an hour plus expenses. James Morgan stated he did not get a notice. Jeannie Miller stated the outside of the house was being remodeled and siding was being installed. Some of the things stacked there were from the siding job. It is hard to haul things away two to three times. There should be a standazd. Gerry Strathman stated there is a standazd; things cannot be stored outdoors. Ms. Miller asked was she suppose to remove items immediately each time. Mr. Strathman responded technically yes, but if no one complains then an owner can take a while longer. These orders were issued on December 16 and the work was not done until January 22, which is about five weeks. Gerry Strathman recommends the chazge be reduced to $100 pins $90 for disposal of the trash and $40 service fee for a total of $230. The owner was notified, but he will take the owner's word that the worker told him a different cost. 2125 Waukon Avenue (L.aid over from 2-3-98) Chuck Votel reported the following has been done since February 3: the bond has been posted, a Code Compliance Inspection has been done, a building permit has been issued. This permit expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Suathman recommends the order be amended to September 28, 1998. 328 Lexittaton Parkwav North (I.aid over from 4-7-98) Chuck Votel reported the owner is appealing the demolition of the building. The total cost of the demolition was $23,307.06. There were public hearings held about the property. The City �� -��`� MINUTES FROM TF� LEGISLATIVE FiEARING OF 5-5-98 Page 3 Councii ordered repair or remove. When the owner failed to repair the buIlding, the Ciry removed it. Mohammed Shahidullah, owner, stated Gerry Strathman previously gave him six months to repair the property if he met certain conditions. The Council did not agree with the recommendation and ordered it to be removed or repaired in fifteen days. He did not appear at the City Council hearing and asked what was the process of notifying the owner that the recommendation was not accepted by the Council. Chuck Votel answeren he has documentation that the owner was mailed a certified copy of the resolution. Gerry Suathman stated the City Council is the final authority regazdless of his recommendation. After the City's decision, the owner's recourse with the City is finished. Then a person can go to District Court to seek a temporary restraining order to prevent the City from proceeding. Mohammed Shahidullah asked could he see a copy of the letter. Chuck Votel stated he did not have it with him. Mr. Shahidullah stated he did not get a restraining order because the City moved so fast and had already started to teaz the home down. Gerry Suathman asked what he wanted today. Mohammed Shahidullah responded he wanted to see the letter. Mr. Strathman responded the department is required to give him a copy of the letter. ff he wants a copy, he can request it from the Fire Department. Whether he was notified or not, is up to an attomey to find out. Mr. Shahidullah asked who notified him. Mr. Strathman responded the City Council resolution should have been sent to the property owner. Whether Mr. Shatiidutlati received that is up to an attorney. Mohammed Shahidullah stated $23,000 is a lot of money. For piece of mind, he asked can this assessment be forgiven. Gerry Strathman responded that is unlikely. Thera aze no extraordinary circumstances here. The work was done. The bill was sent. Mr. Shahidullah stated he never received detailed expenses. Gerry Suathman recommends denying the appeal. 948 Forest Street No one appeazed representing the property. Chuck VoteI reported this was condemned in 7une 1997 and has been vacant since August 1997. The owner has not discussed his intentions wiih Mr. Votel's office. Attached to the paperwork on ifiis property is a letter from NovaStar Mortgage Company indicating they intend to take the property over through foreclosure and will get back to Mr. Votel's office when the mortgage foreclosure and redemption period is completed. There is no date specific, but NovaStaz is trying to do a speedy foreclosure on the property. NovaStar was notified of this hearing, but are not here. The City has issued four summary abatement notices. The building has been secured by �� -i ��-1 MINIJTES FROM Tf� LEGISLATIVE HEARING OF 5-5-98 Page 4 the City. The real estate ta�ces for 1997 and the vacant building fees aze unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following people spoke in support of the resolution to remove or repair the building: David Ketz, 1780 Stanford Avenue, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Dan Starr, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Ruth Murphy, 442 Summit #7, Cammunity Design Center; Mary Moore, 960 Duchess; Richazd Beldorf, 953 Forest Street. Gerry Strathman recommends amending the order to remove or repair to five days. (The text of David Ketz's and Dan Starr's tesumony was turned in for the record) 447 Banfil Street and 449 Banfil Street Chuck Votel reported these two properties adjoin each other and the situation for both is very similaz. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has not been occupied since January 1997. The property is owned by the estate of Ferdinand Gaul with Joseph Mullery acting as personal representative. Mr. Mullery says he intends to sell or donate the property. There have been five summary abatement no6ces issued for 449 Banfil and four issued for 447 Banfil. The notices are for cutting tall grass and weeds, removing refuse and animal feces, and securing the building. The City has had to boazd the building. The registration fees are due on both properties and citations have been issued for this reason. Taxes aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $SO,Q00 for 449 Banfil. The cost to demolish is $9,300 for 447 Banfil and $7,319 for 449 Banfil. People from the neighborhood have complained about the property. Gerry Strathman stated there is a letter in his paperwork from Joseph Mullery who says there is a temporary restraining order. Chuck Votel responded there is no restraining order. Mr. Strathman asked has there been any communicaflon with Mr. Mullery other than this letter. Mr. Votel responded Mr. Mullery has talked to the Mayor's office and others in City govemment. The Mayor's office has requested Mr. Votel's office meet Mr. Mullery and go through the properties, but it is up to Mr. Mullery to get in touch with Mr. Votel's office. Mike Strafelda, 740 James Avenue, appeazed and stated he would like to preview the properties and see if they can be tehabbed. Eie has tried to reach 7oseph Mullery but has not been able to. Gerry Strathman responded there is not much the City can do, given the owner is not present and the property is in need of serious rehabilitation. Mike Strafelda asked what he would need to do. ��i>� MII�TUTES FROM TF3E LEGISLATNE HEARING OF 5-5-98 Page 5 Gerry Strathman responded a minimum that is needed is a purchase agreement to stop the process. Gerry Strathman recommends approval of the 15 day order to remove or repair. 1005 Jessie Street Susan Mercurio, 1032 Duluth 5treet #206, Arthur and Dorothy 3ohnson, 1136 East Magnolia Avenue, appeared. Ms. Mercurio is the contract for deed holder. Arthur Johnson has power of attorney for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May 1997. Six summary abatement notices have beQn issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing graffiti. The building has been boarded six 6mes. A bond has not been posted. The cost to repair is $65,000. The cost to demolish is $5,600. Dorothy Johnson stated there has been a vandalism problem on the property and they know where most of the vandalism is coming from. The Johnsons have cleaned up the yazd several times and went back to the next day and it looked just as bad again. The people next door keep throwing their gazbage over. Susan Mercurio stated she called the police at one point because it was snowing and there were cleazly footprints in the snow from the next door home. There are constant police calls to 1001 Jessie. There are two teenage boys living there and the mother had admitted to the police that she cannot control them. The neighbors at 997 Jessie are also having problems. Ms. Mercurio plans to put up a very strong security fence between her and 1001 Jessie. She has custody of her 14 month old and three yeaz old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has slowed down her mortgage process. When the mortgage lender found out the house was in the process of condemnation, he asked for a feasibility study. This was done. The house is structurally sound. The only thing wrong with it is the vandalism. Gerry Strathman asked when can the rehabilitation be completed. Susan Mercurio responded she posted the bond, has a building permit, and hopes to have the building done in six months. Chuck Votel stated the vacant building fee is paid. Gery Strathman recommends amending the order to October 16, 1998 to remove or repair the building. 474 Sherburne Avenue Guy Willits reported this was for scattered gazbage, gazbage bags, and refuse. ��-►►�1 MINtJ'fES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Marvland Avenue Guy Wiliits reported the summary abatement notice was sent 7anuary 29, 1998 and posted. A waming letter was sent 7anuary 27, 1998 to remove snow and ice from public sidewalk. The property was rechecked January 29 and February 4. The work was done February 9. A video was shown. Maurice Burks, owner, appeazed and stated he has six kids, wozks two jobs, and at night. He tries to do the best he can. He thought his shoveling was enough. Gerry Suathman asked did he get the notices that were sent out. Mr. Burks responded yes. Mr. Strathman stated sidewalks have to be cleaz full width. Chuck Votel added there is a bus stop there. Mr. Strathman stated busy streets get complaints when people are going to the bus stop. Gerry Strathman recommends reducing the assessment to $137.50. The City crew was in the neighborhood for two addresses so it probably cost less to do this address. 9 Acker Street West (Laid over from 2-3-98) Chuck Votel reported the building has been rehabbed by the owner. Gerry Strathman recommends withdrawing the resolution. b63 York Avenue (Laid over from the 4-22-98 City Council meeting) No one appeared. A video was shown. Chuck Willits reported the gazage was dilapidated, leaning, harzazdous, and open to access. Gerry Strathman recommends denying the appeal. �� -lt�k MINLTI'ES �ROM THE LEGISLATTVE HEARING OF 5-5-98 Page 7 673 Central Avenue West No one appeared. Gerry Strathman denied the appeal. The meeting was adjoumed at 11:43 a.m