98-381ORIGI�lAL
Presented By
Council File # % O ".3d �
Green Sheet # �� ��
RESOLUTION
CITY OF SAI�IT PAUL, MINNESOTA
`�'�
Referred To Coa¢nittee: Date
1 WHEREAS, Department of Fire and Safety Services, Division of Code Enforcement has
2 requested the Ciry Council to hold public hearings to consider the advisability and necessiry of
3 ordering the repair or wrecking and removal of a two-story, wood frame duplex, with a detached,
4 one-stall, wood frame garage located on properry hereinafter referred to as the "S�bject Property"
5 and commonly l�own as 1291 Rice Street. This property is legally described as follows, to wit:
6
7 Lot 1, Block 1, Holz's Rearrangement �
8
9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and
10 information obtained by Division of Code Enforcement on or before December 30, 1997, the
11 following are the now lmown interested or responsible parties for the Subject Properry: Advatrta
12 Mortgage Co., 16875 W. Bernardo Drive, Dept. 340, San Diego, CA 92127, Loan #2981355;
13 James S. Tuzinski, 7050 Brooklyn Blvd., Mpls., MN 55429
14
15 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of
16 Chapter 45 of the Saint Paul I.egislative Code an order identified as an "Order to Abate Nuisance
17 Building(s)" dated January 22, 1998; and
18
19 WHEREAS, this order informed the then lrnown 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 Property by February 23, 1998; and
24
25 WHEREAS, the enforcement officer has posted a placazd 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 Division of Code
29 Enforcement requested that the City Clerk schedule public hearings before the L.egislative Heazing
30 O�cer of the Ciry Council and the Saint Paul Ciry 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 Legislative Code, of the time, date, place and
34 purpose of the public hearings; and
35
36 WHEREAS, a hearing was held before the I.egislative Hearing Officer of the Saint Paul City
37 Council on Tuesday, April 21, 1998 to hear testimony and evidence, and after receiving testimony
38 and evidence, made ihe recommendarion to approve the request to order the interested or responsible
39 parties to make the Subject Propeny safe and not detrimental to the public peace, health, safety and
40 welfare and remove its blighting influence on the community by rehabilitating this structure in
41 accordance with all applicable codes and ordinances, or in the alternative by demolishing and
42 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or
43 demolidon of the structure to be complated within ��'°°^���,� after the date of the Council
44 Hearing; and vS � X C rhor.
P ovic�e� cx ��, �ot�d fs �osfie� �y 1'1�orJ On�' �aq (��i
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OR(GINAL
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��WHEREAS, a hearing was held before the Saint Paul Ciry Council on Wednesday, May 6,
1998 and the testimony and evidence including the action taken by the Legislative Hearing Officer
was considered by the Council; now therefore
BE IT RFSOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and
Order concerning the Subject Property at 1291 Rice Street:
1. That the S�bject Properry comprises a nuisance condition as defined in Saint Paul
I.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 lrnown responsible
parties to correct the deficiencies or to demolish and remove the building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Division of Code Enforcement has posted a placard on the Subject Properry
which declares it to be a nuisance condition subject to demolition.
7. That this building has been routinely monitored by the Department of Fire and Safery
Services, pivision of Code Enforcement, Vacant/Nuisance Buildings.
8. That the lrnown interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
1. The above referenced interested or responsible parties shall make the Subject Property safe
and not detrimental to the public peace, health, safety and welfare and remove its blighting
influence on the community by rehabilitating this structure and correcting 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
demolirion and removal of the structure must be completed within fifteen (15) days after the
date of the Council Hearing.
i r .
i
ORIGINAL
2. If the above corrective acrion is not completed within this period of time the Fire and Safety
Services, Division of Code Enforcement is hereby authorized to take whatever steps aze
necessary to demolish and remove this structure, fill the site and charge the costs incurred
against the Subject Property pursuant to ffie provisions of Chapter 45 of the Saint Paul
Legislauve Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all
personal properry or fixtures of any kind which interfere with the demolition and removal
shall be removed from the properry by the responsible parties by the end of this time period.
If all personal property is not removed, it shall be considered to be abandoned and the Ciry
of Saint Paul shall remove and dispose of such property 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.
Requested by Department of:
Adopted by Council: Date �(�
\
Adoption Certified by Council Se e ary ,�
Sy:
Approved by
`
Fire• 'ode Enforcement Division
BY: ����
Form Approved by City Attorney
B `� ti?
N{ayor
ion to
By:
Division of Code Enforcement
�ar�es��." � 292-7718 �
IUST BE ON COUNCILAGENDA BY (DAT�
May 6, 1998
DATEINRIATED
03/20/98
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GREEN SHEET
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TOTAL # OF SIGNATURE PAGES �
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City Council to pass ttris resolution which will order the owner(s) to remove or repair the referenced
building(s). If the owner fails to comply with the resolution, Department of Fire and Safety Services,
Division of Code Enforcement is ordered to remove the building. The subject property is located at
1291 Rice Street.
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PLANNING COMMISSION
CIB COMMITTEE
CNIL SERVICE CAMMISSION
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(CLJP ALL LOCATIONS OR StGNATURE)
Has Nis persoNfirm everwai�d under a contract taMie depaAmeM?
YES NO
Has Mia pereoNfirm ever been a dty empbyee7
YES NO
ooes this oersun/firm possess a slaN not normaAVPOesessed blr anv curtent ciq' emWoyee7
YES NO
Is ihie person�iim a farpetetl vendo(!
YES NO
�lain ali ves answers an seua2te sheet aM attach to areen sheet
This building(s) is a nuisance bui(ding(s) as defined in Chapter 45 and a vacant building as defined in
Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties known
to the Enforcement Officer were given an order to repair or remove the building at 1291 Rice Street by
February 23, 1998, and have failed to comply with those orders.
�E�E4VE�
The City will eliminate a nuisance.
MAR 27 199�
r�P�V(JR'S O��IG�
�AAR 2 5 1998
98 �
No 61586
NXIa11Dme
pIYCOUiC�.
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the
properiy, collected as a special assessment against the property tases.
will remain unabated in the City. This building(s) will continue to blight the
community.
.ni,vvv - ao,wv
IpUNT OF TRANSACTION S
Nuisance Housing Abatement
SOURCE
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Gg�^c�g �t�s�arc,h C��#P�
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COST/REVENUE BUD6ETm (qRCLE ONE)
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DEPARIMENT OF FIRE AND SAFETY SERVICES
Timol3ry K Fulfer, F'ue Chiej
DIVISION OF PROPERTY CODE EYFORCE[vIENT r
Charles Ya�el, Program Director �r� �rt �
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CTTI' OF SA�I'f PALTL Nuisance Bui7ding Code Enjorcement
Norm Coleman, Mayar SSS Cedar Sveet Tel.� 6l2-298-4I53
Saint Paul, �LLV SSIOI-2160 Far. 6/2-228-3170
i
March 20, 1998
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Departrnent of Fire and Safery Services, Vacant/Nuisance Buildings Enforcement Division
has requested the City Council schedule public hearings to consider a resolution ordering the
repair or removal of the nuisance buiiding(s) located at:
1291 Rice Street
The City Councii has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, April 21, 1998
City Council Hearing - Wednesday, May 6, 1998
The owners and responsible parties of record are:
Name and L.ast Known Address
Advanta Mortgage Co.
16875 W. Bernardo Drive
Dept. 340
San Diego, CA 92127
L.oan #2981355
Interest
Fee Owner
James S. Tlizinski
7050 Brooklyn Blvd.
Mpls., MN 55429
The legal description of this property is:
Attorney for Owner
G�tt�°1 �ps?�°r.� C��{er
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Lot 1, Block 1, Holz's Rearrangement
1291 Rice Street
March 20, 1998
Page 2
��. 3� 1
Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as
defined by Legisiative Code, Chapter 45. Division of Code Enforcement has issued an order
to the then irnown responsible parties to eliminate this nuisance condition by correctina the
deficiencies or by razina and removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It is the
recommendation of the Division of Code Enforcement that the Ciry Council pass a resolution
ordering the responsible parties to either repair, or demolish and remove this building in a
timely manner, and failing that, authorize the Division of Code Enforcement 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.
erely,
��
Reneta Weiss
Vacant Buildings Supervisor
Division of Code Enforcement
Departrnent of Fire and Safety Services
RVJ:mI
cc: Frank Berg, Building Inspection and Design
Rachel Young, City Attomeys Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccard, Fire Marshall
Dan Pahl, PED-Housing Division
1 •3
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Date: Apri121, 1998
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Keilogg Boulevard
LEGISLATIVE NF.ARTNG
Gerry Strathman
I.egislative Hearing Officer
Summary abatement appeal for 853 Fourth Sireet East.
(Laid over from April 7, 1998)
The Legislarive Hearing Officer recommends denying the appeal.
2. Summary abatement appeal for 1792 Portland Avenue.
(Laid over from Apri17, 1998)
The Legislative Hearing Officer recommends denying the appeal.
3. Summary abatement appeal for 1645 I¢lehart Avenue.
(Laid over from April 7, 1998)
The L.egislative Hearing Officer recommends denying the appeal.
4. Summary abatement appeal for 226 East Belvidere Street.
(Laid over from Apri17, 1998)
The L.egislative Hearing Officer recommends denying the appeal.
5. Resolution ordering the owner to remove or repair the building located at 53 Marvland
Avenue East. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
The Legislarive Hearing Officer recommends laying over to the May 191egislative hearing.
6. Resolution ordering the owner to remove or repair the building located at 1291 Rice Street.
If the owner fails to comply with the resoiution, Public Health is ordered to remove the
building.
The I.egislative Hearing Officer recommends allowing the owner six months to complete
rehabilitation on condition that a$2,000 bond is posted by noon of May 13.
7. Resolution ordering the owner to remove or repair the building located at 780 Chazles
Avenue. ff the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
The I.egislarive Hearing Officer recommends ailowing the owner six months to complete
rehabilitarion on condifion that a code compliance inspecfion is done, ihe $200 vacant
building fee is paid, and a$2,000 bond is posted by noon of May 6.
8. Resolution ordering the owner to remove or repair the building located at 860 Robert Street
South. If the owner fails to comply with the resolution, Public Health is ordered to remove
the building.
The I.egislative Hearing Officer recommends laying over to the May 191egislative hearing.
9. Summary abatement appeal for 752 Laurel Avenue.
The Legislative Hearing Officer recommends denying the appeal.
MINUTES OF THE LEGISLATIVE HEARING
Apri121, 1998
Room 330, City Hall
Gerry Strathman, I.egislative Hearing Officer
STAFF PRESENT: Roxanna Flink, Real Estate; Chuck Votel, Code Enforcement; Guy Willits,
Code Enforcement.
Note: All addresses are laid over to the May 6 City Council meeung except for 1291 Rice Street
which is laid over to the May 13 City Council meeting.
Gerry Strathman called the meeting to order at 10:01 a.m.
752 Laurel Avenue
No one appeared. Gerry Strathman denied the appeal.
226 East Belvidere Street (Laid over from Apri17, 1998)
Guy Willits presented photographs.
Gloria McGrath, owner, stated she was sick at the time of this assessment. She moved out of the
house temporarily when she was in the hospita] and stayed with her mother afterwazds. Ms.
McGrath stated she let everything go when she was ill. Someone is living in the house now. The
yard is clean. The previous owner installed a fence that should not have been installed. When the
previous tenants left, all the rubbish was left behind.
Guy Willits reported that since 1996, eight summary abatements have been issued for refuse, three
for vehicles, and three for cleaning. This property has been charged $200 for excessive inspection
costs.
Gerry Strathman stated it looks like the owner was properly noufied and the Ciry did tow the
vehicle.
Gloria McGrath stated she is on complete disability and cannot pay this cost. Her income is enough
to pay for just her insurance.
Gerry Strathman recommended denying the appeal and approval of the assessment.
Roxanna Flink suggested the owner pay the assessment over a five yeaz period with interest. Gloria
McGrath stated that would help.
853 Fourth Street East (Laid over from April 7, 1998)
Russell Spartz, owner, appeazed.
MINUTES OF THE I,EGISLATIVE HEARING OF 4-21-98 Page 2
Guy Wiilits presented photographs.
Guy Willits reported orders were mailed on June 12, 1997 and posted. Orders were mailed again on
3uly 7, 1997. These orders were for tall grass, weeds and remove refuse. 'The last compliance
check was July 11, 1997. The property was rechecked three times. The Thomas Dale Biock Club
cut the grass on July 30,1997.
Russell Spartz stated the inspector was hard to deal with. Mr. Spartz thought the neighbor cut the
grass because only the top of the driveway was done, wluch probably took only five arinutes. Mr.
Spartz called the inspector one day about an extension. The inspector told Mr. Spaztz he had two
days and that was it. This inspector said it was 4:01, he gets off work at 4:00, and then hung up.
Mr. Spartz says he now has a mower and tnies to take caze of everything whenever he is sent a
notice.
Gerry Strathman stated the orders were sent on June 12, posted at the property, and again sent on
July 7. Russell Spartz stated he never had two weeks to do anything because if it was not done
immediately, the inspector did it. Gerry Strathman stated the grass in the pictures did not take just
two weeks to grow this tall.
Gerry Strathman recommended denying the appeal.
1645 Iglehart Avenue (Laid over from April 7, 1998)
No one appeazed; Gerry Strathman denied the appeal.
1792 Portland Avenue (Laid over from Apri17, 1998)
Guy Willits reported the orders were mailed on 7une 9, 1997 to remove a bus. Compliance date was
June 17, 1997. It was rechecked on 7une 18, 1997. It was not removed. The police removed it on
July 20 (however the Summary Abatement History mistakenly reads July 10).
William Manley, owner, appeazed and stated this was all done without notice to him.
Gerry Strathman asked about evidence that the owner was notified. Guy Willits showed Mr.
Strathman a copy of a letter the owner was sent. William Maniey stated he did not receive the lettex.
Gerry Strathman recommended denying the appeal. All evidence indicates ihe letter was sent. The
documents indicate the owner did receive them. Mr. 5trathman stated he cannot say anything about
postal delivery.
53 Marvland Avenue East
Robert Moreland appeazed and stated he is interested in buying the property. He found the house
on a list of vacant bnildings in Saint Paul. The bank is suppose to overnight a package to the real
estate agency today about the properry, but Mr. Moreland did not receive it. Mr. Moreland would
��-3$�
MINUTES OF THE LEGISLATIVE HEARING OF 4-21-98
like to postpone tlus issue for about a month. He will bring the building up to code.
Page 3
Chuck Votel reported this building has been vacant since September 1997. The current property
owners have not discussed their intentions with Mr. Votel's office. The City has had to boazd the
building against trespass. The vacant building fees and real estate taxes aze due. The cost to repair
this building is $30,000 and the cost to demolish is $6,275. Foreclosure is cemplete on the property
and the redemption period will be reduced to five weeks beginning Mazch 4, 1998. Mr. Votel feels
the building can be rehabbed. It has not been a major problem with his office.
Robert Moreland stated he is in contact with the mortgage company and has walked through the
home. The plumbing, electrical, and central heat have been brought up to code.
Crerry Strathman laid over this matter to the May 19 I,egislative Hearing. Chuck Votel added that
the home cannot be occupied until it is brought up to code.
1291 Rice Street
Urvin Olsen representing Advanta Mortgage and Mike DeRosier, Empire Clock at 1295 Rice, both
appeared.
Chuck Votel reported the building has been vacant since August 1997. The current owner is
Advanta Mortgage and they intent to sell it as is. The City has issued three summary abatement
notices for securing it and the gazage, cutting and removing tall grass and weeds, removing refuse.
The City has had to board the building. The real estate taaces aze unpaid. A code compliance
inspection was done in April. The cost to repair is $30,000 and the cost to demolish is $6,210.
Urvin Olsen stated the bank has the property under contract for sale. The City's esfimate is very
accurate. The price makes it feasible to rehab. The house has nice woodwork and could be an asset
to the community. The mortgage company did expedite the foreclosure period. Advanta took care
of things as soon as it could. They secured the building. 'i'welve tons of trash were removed. Mr.
Olsen has personally monitored the property on a bi-weekly basis. The home is under contract and
is sold.
Mike DeRosier stated since the owner has owned it, the property has gone down lull. There is only
a single caz garage there now. Over time, cazs have been pazked all over the backyard. There is no
adequate pazking there. A decent garage cannot be built to be faz enough off of the alley. The lot is
only 33 feet wide. The garage is within an inch of Empire Clock's properiy line. If the house is
demolished, Mr. DeRosier is interested in purchasing the lot to get it rezoned for pazking space.
Gerry Strathman recommended allowing the owner six months to complete rehabilita6on on
condition that a$2,000 bond is posted by noon of May 13. (LTrvan Olsen felt, because this is a
foreclosure, it would be difficult to provide good title to the owner by May 6.)
MINUT'ES OF THE LEGISLATIVE HEARING OF 421-98 Page 4
780 Charles Avenue
Beth Asmussen, Industry Mortgage, appeared.
Chuck Votel reported the building has been vacant since January 1998. Industry Mortgage now
owns the property. This has been a problem properry for the inspectors. Numerous people have
been evicted from the building. The police have been there frequently about people selling drugs.
The City has boazded it numerous times. The vacant building fees and real estate taxes aze unpaid.
The cost to repair is $45,000, and the cost to demolish is $5,900. This is a five day order to repair
or remove instead of the usual 15 days.
Beth Asmussen stated Industry Mortgage is looking for a buyer to make the repairs. They recently
became the owner after the foreclosure sale. They aze willing to post a bond. Ms. Asmussen will
talk to Industry Mortgage personnel about having someone go to the residence weekly to make sure
it remains secure.
Gerry Strathman recommended six months to complete rehabilitation on cor,3ition that a code
compliance inspection is done, the $200 vacant building fee is paid, and a$2,000 bond is posted by
noon of May 6.
860 Robert Street South
Dennis Dalen, Bank of New York, appeazed.
Chuck Votel reported this building was condemned in Septernber 1997. It has been vacant since
October 1997. The current owner is Elbert Berg who is willing to authorize the City to remove the
building. There have been four summary abatement notices for remove snow and/or ice and secure
the building. The City has had to boazd the building against trespass. The real estate ta�ces are
unpaid. The cost to repair is $35,000, and the cost to demolish is $5,550. Mr. Votel was told the
Money Store is doing a five week foreciosure and will own the property May 14, 1998. Someone
from the Money Store was going to contact Gerry Strathman.
Dennis Dalen stated he has an estimate from a local contractor to do repairs and was told it would
be $6,500 to $10,000. The redemption period will be up May 14 and he cannot go on the property
un61 that 6me. Mr. Dalen suggested continuing the hearing for a few months.
Gerry Strathman recommended laying over to the May 19 I.egislative Hearing.
Dennis Dalen was concerned about an unlawful detainer and court action if it was occupied. Chuck
Votel stated the residence is condemned, therefore if it is occupied, the person wiil be evicted.
The meering was adjourned at 10:46 a.m.
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a�-���
MINUT'ES OF TF� LEGISLA'TIVE HEARING
May 5, 1998
Room 330, Ciry Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy
Willits, Property Code Enforcement
Note: All addresses are laid over to the May 13 City Council meeting.
Gerry Strathman called the meeting to order at 10:01 am.
1130 Bush Avenue
A video was shown.
Tony Casland, owner, appeared and stated he had his garage torn 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 6res. Tony Casland responded he got chazged for 18 tires. The
neighbor said some of the gazbage was theirs. Old tenants threw trash behind the garage. Mr.
Casland spent $500 to haul away trash, some of which was not in the film. The shed was torn
down because it was becoming such a problem for the neighborhood with people throwing their
trash behind it.
Ron Tessmer appeared and stated he spent Saturday and Sunday dismantling 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 haue 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 chazging $200 for the whole
thing. He is surprised the City charged $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 retumed.
Guy Willits reported this started in October 1997. TYie neighbors were complaining. The
inspector made attempts to reach the owner. The gazage was par[ially collapsed. Gerry
Strathman stated it looked like the gazage was down in the video.
Gerry Strathman looked at the bill. From the video and from what he heard, Mr. Strathman felt
the chazge was excessive. However, the owner was ciearly notified and had an opportunity to
remove the problem.
�.�-��
MINUTES FROM THE LEGlSLATIVE HEARING OF 5-5-98 Page 2
Gerry Strathman recommends the cost be cut in half: $400 plus a$40 service fee instead of $861
pius the $40 service fee.
553 Edmund Avenue
IZRf. ;. . ,_ � . :.,
James Morgan and Jeannie Miller, owners, appeared. 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 uash was
$90. Mr. Strathman asked how the hour was charged. Chuck Votel responded the chazge 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 hazd to haul things
away two to three times. There should be a standard. 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 until7anuary 22, which is about five weeks.
Gerry Strathman recommends the chazge be reduced to $100 plus $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 (Laid 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 pernut
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 Leltineton Parkwav North (Laid over from 4-7-98)
Chuck Votel reported the owner is agpealing 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 TI-� LEGISLATTVE HEARING OF 5-5-98 Page 3
Council ordered repair or remove. When the owner failed to repair the building, the Ciry
removed it.
Mohammed Shahidullah, owner, stated Gerry Suathman previously gave him six months to
repair the properry 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 answered he has documentation
that the owner was mailed a certified copy of the resolution.
Gerry Strathman 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 resuaining order because the City
moved so fast and had already started to teaz the home down.
Gerry Strathman 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. If he wants a copy, he can request it from the Fire Department. Whether he was notified
or not, is up to an attorney to find out. Mr. Shahidullah asked who noufied him. Mr. Strathman
responded the City Council resolution should have been sent to the property owner. Whether Mr.
Shahidullah 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 are no extraordinary
circumstances here. The work was done. The bill was sent. Mr. Shahidullah stated he never
received detailed expenses.
Gerry Strathman recommends denying the appeal.
948 Forest Street
No one appeazed representing the properiy.
Chuck Votel reported this was condemned in June 1997 and has been vacant since August 1997.
The owner has not discussed his intentions with Mr. Votel's o�ce. Attached to the paperwork
on this property is a letter from NovaStaz 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 NovaStar is trying
to do a speedy foreclosure on the property. NovaStar was notified of this hearing, but aze not
here. The City has issued four summary abatement notices. The building has been secured by
��S'��
A�IINUTES FROM TF� LEGISLATIVE HEARING OF 5-5-98 Page 4
the City. The real estate taxes 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 peopie 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, represenung Holy Triniry Orthodox Chuck at 956 Forest Street;
Ruth Murphy, 442 Summit #7, Community Design Center;
Mary Moore, 960 Duchess;
Richard Beldorf, 953 Forest Street.
Gerry Suathman recommends amending the order to remove or repair to five days.
(The text of David Ketz's and Dan Starr's testimony was turned in for the record)
447 Ban�l Street and 449 Banfil Street
Chuck Votel reported these two properties adjoin each other and the situarion for both is very
similar. 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 notices issued for 449 Banfil and four issued for 447
Banfil. The notices aze for cutting tali grass and weeds, removing refuse and animal feces, and
securing the building. The Ciry has had to boazd the building. The registra6on fees are due on
both properties and citations have been issued for this reason. Ta�ces aze due on both properties.
Personnel have not been inside 447 and 444 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 $50,000 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 7oseph Mullery who says there is a
temporary restraining order. Chuck Votel responded there is no restraining order. Mr. Strathman
asked has there been any communica6on with Mr. Mullery other than this letter. Mr. Votel
responded Mr. Mullery has talked to the Mayor's office and others in City government. 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 rehabbed. He has tried to reach Joseph 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 Suafelda asked what he would need to do.
��-`��l
n�n.uyr:���cz•���r:r���e��yw:vnn.�:i�►r��.rs�r•����� -
Geay 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 Street #206, Arthur and Dorothy Johnson, 1136 East Magnolia
Avenue, appeazed. Ms. Mercurio is the conuact for deed holder. Arthur Johnson has power of
attomey for his mother Gladys Johnson, who owns the property.
Chuck Votel reported the proper[y has been vacant since May 1997. Six summary abatement
notices have been issued for refuse and broken glass, securing the building and shed, cutting tall
grass and weeds, and removing gr�ti. The building has been boazded six times. 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 7ohnsons 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
clearly footprints in the snow from the next door home. There aze 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 aze 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 year 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 pernut, 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 Sherbume Avenue
Guy Willits reported this was for scattered gazbage, gazbage bags, and refuse.
��,��i
MINiJTES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 6
A video was shown.
The owner was satisfed that the City did the work.
Gerry Strathman recommends denying the appeal.
741 Marvland Avenue
Guy Willits reported the summary abatement notice was sent January 29, 1998 and posted. A
waming letter was sent January 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, appeared and stated he has six kids, works two jobs, and at night. He
tries to do the best he can. He thought his shoveling was enough. Gerry Strathman asked did he
get the notices that were sent out. Mr. Burks responded yes. Mr. Strathman stated sidewalks
have to be clear full width. Chuck Votel added there is a bus stop there. Mr. Strathman stated
busy streets get complaints when people aze 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.
663 York Avenue (Laid over from the 4-22-98 City Council meeting)
No one appeazed.
A video was shown.
Chuck Willits reported the gazage was dilapidated, leaning, harzardous, and open to access.
Gerry Strathman recommends denying the appeal.
��.�� I
MINUTES FROM 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.
ORIGI�lAL
Presented By
Council File # % O ".3d �
Green Sheet # �� ��
RESOLUTION
CITY OF SAI�IT PAUL, MINNESOTA
`�'�
Referred To Coa¢nittee: Date
1 WHEREAS, Department of Fire and Safety Services, Division of Code Enforcement has
2 requested the Ciry Council to hold public hearings to consider the advisability and necessiry of
3 ordering the repair or wrecking and removal of a two-story, wood frame duplex, with a detached,
4 one-stall, wood frame garage located on properry hereinafter referred to as the "S�bject Property"
5 and commonly l�own as 1291 Rice Street. This property is legally described as follows, to wit:
6
7 Lot 1, Block 1, Holz's Rearrangement �
8
9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and
10 information obtained by Division of Code Enforcement on or before December 30, 1997, the
11 following are the now lmown interested or responsible parties for the Subject Properry: Advatrta
12 Mortgage Co., 16875 W. Bernardo Drive, Dept. 340, San Diego, CA 92127, Loan #2981355;
13 James S. Tuzinski, 7050 Brooklyn Blvd., Mpls., MN 55429
14
15 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of
16 Chapter 45 of the Saint Paul I.egislative Code an order identified as an "Order to Abate Nuisance
17 Building(s)" dated January 22, 1998; and
18
19 WHEREAS, this order informed the then lrnown 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 Property by February 23, 1998; and
24
25 WHEREAS, the enforcement officer has posted a placazd 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 Division of Code
29 Enforcement requested that the City Clerk schedule public hearings before the L.egislative Heazing
30 O�cer of the Ciry Council and the Saint Paul Ciry 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 Legislative Code, of the time, date, place and
34 purpose of the public hearings; and
35
36 WHEREAS, a hearing was held before the I.egislative Hearing Officer of the Saint Paul City
37 Council on Tuesday, April 21, 1998 to hear testimony and evidence, and after receiving testimony
38 and evidence, made ihe recommendarion to approve the request to order the interested or responsible
39 parties to make the Subject Propeny safe and not detrimental to the public peace, health, safety and
40 welfare and remove its blighting influence on the community by rehabilitating this structure in
41 accordance with all applicable codes and ordinances, or in the alternative by demolishing and
42 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or
43 demolidon of the structure to be complated within ��'°°^���,� after the date of the Council
44 Hearing; and vS � X C rhor.
P ovic�e� cx ��, �ot�d fs �osfie� �y 1'1�orJ On�' �aq (��i
�
OR(GINAL
., ,
,.
ar� M�. � 3 _ ����
��WHEREAS, a hearing was held before the Saint Paul Ciry Council on Wednesday, May 6,
1998 and the testimony and evidence including the action taken by the Legislative Hearing Officer
was considered by the Council; now therefore
BE IT RFSOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and
Order concerning the Subject Property at 1291 Rice Street:
1. That the S�bject Properry comprises a nuisance condition as defined in Saint Paul
I.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 lrnown responsible
parties to correct the deficiencies or to demolish and remove the building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Division of Code Enforcement has posted a placard on the Subject Properry
which declares it to be a nuisance condition subject to demolition.
7. That this building has been routinely monitored by the Department of Fire and Safery
Services, pivision of Code Enforcement, Vacant/Nuisance Buildings.
8. That the lrnown interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
1. The above referenced interested or responsible parties shall make the Subject Property safe
and not detrimental to the public peace, health, safety and welfare and remove its blighting
influence on the community by rehabilitating this structure and correcting 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
demolirion and removal of the structure must be completed within fifteen (15) days after the
date of the Council Hearing.
i r .
i
ORIGINAL
2. If the above corrective acrion is not completed within this period of time the Fire and Safety
Services, Division of Code Enforcement is hereby authorized to take whatever steps aze
necessary to demolish and remove this structure, fill the site and charge the costs incurred
against the Subject Property pursuant to ffie provisions of Chapter 45 of the Saint Paul
Legislauve Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all
personal properry or fixtures of any kind which interfere with the demolition and removal
shall be removed from the properry by the responsible parties by the end of this time period.
If all personal property is not removed, it shall be considered to be abandoned and the Ciry
of Saint Paul shall remove and dispose of such property 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.
Requested by Department of:
Adopted by Council: Date �(�
\
Adoption Certified by Council Se e ary ,�
Sy:
Approved by
`
Fire• 'ode Enforcement Division
BY: ����
Form Approved by City Attorney
B `� ti?
N{ayor
ion to
By:
Division of Code Enforcement
�ar�es��." � 292-7718 �
IUST BE ON COUNCILAGENDA BY (DAT�
May 6, 1998
DATEINRIATED
03/20/98
ICi�'ej
���
rtounxc
ortnErt
GREEN SHEET
DF1�RfIBIf GRFGlOR
TOTAL # OF SIGNATURE PAGES �
� .> .:- � -,,. ; ; �,-� .,,�
��
„�.,
�' a�'%� s � �.:�
City Council to pass ttris resolution which will order the owner(s) to remove or repair the referenced
building(s). If the owner fails to comply with the resolution, Department of Fire and Safety Services,
Division of Code Enforcement is ordered to remove the building. The subject property is located at
1291 Rice Street.
w
PLANNING COMMISSION
CIB COMMITTEE
CNIL SERVICE CAMMISSION
Y21�!;.1�^711`I�R]
❑a �,,,,� 3-i�'r d � �„��
❑,����� ❑,.�.,�.��,�a
� wvattoMASmrt.w*1 ❑
(CLJP ALL LOCATIONS OR StGNATURE)
Has Nis persoNfirm everwai�d under a contract taMie depaAmeM?
YES NO
Has Mia pereoNfirm ever been a dty empbyee7
YES NO
ooes this oersun/firm possess a slaN not normaAVPOesessed blr anv curtent ciq' emWoyee7
YES NO
Is ihie person�iim a farpetetl vendo(!
YES NO
�lain ali ves answers an seua2te sheet aM attach to areen sheet
This building(s) is a nuisance bui(ding(s) as defined in Chapter 45 and a vacant building as defined in
Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties known
to the Enforcement Officer were given an order to repair or remove the building at 1291 Rice Street by
February 23, 1998, and have failed to comply with those orders.
�E�E4VE�
The City will eliminate a nuisance.
MAR 27 199�
r�P�V(JR'S O��IG�
�AAR 2 5 1998
98 �
No 61586
NXIa11Dme
pIYCOUiC�.
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the
properiy, collected as a special assessment against the property tases.
will remain unabated in the City. This building(s) will continue to blight the
community.
.ni,vvv - ao,wv
IpUNT OF TRANSACTION S
Nuisance Housing Abatement
SOURCE
(�WM
NO
Gg�^c�g �t�s�arc,h C��#P�
f , � :FF4
COST/REVENUE BUD6ETm (qRCLE ONE)
�crnm Nure�e
n
DEPARIMENT OF FIRE AND SAFETY SERVICES
Timol3ry K Fulfer, F'ue Chiej
DIVISION OF PROPERTY CODE EYFORCE[vIENT r
Charles Ya�el, Program Director �r� �rt �
�i� lJ
CTTI' OF SA�I'f PALTL Nuisance Bui7ding Code Enjorcement
Norm Coleman, Mayar SSS Cedar Sveet Tel.� 6l2-298-4I53
Saint Paul, �LLV SSIOI-2160 Far. 6/2-228-3170
i
March 20, 1998
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Departrnent of Fire and Safery Services, Vacant/Nuisance Buildings Enforcement Division
has requested the City Council schedule public hearings to consider a resolution ordering the
repair or removal of the nuisance buiiding(s) located at:
1291 Rice Street
The City Councii has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, April 21, 1998
City Council Hearing - Wednesday, May 6, 1998
The owners and responsible parties of record are:
Name and L.ast Known Address
Advanta Mortgage Co.
16875 W. Bernardo Drive
Dept. 340
San Diego, CA 92127
L.oan #2981355
Interest
Fee Owner
James S. Tlizinski
7050 Brooklyn Blvd.
Mpls., MN 55429
The legal description of this property is:
Attorney for Owner
G�tt�°1 �ps?�°r.� C��{er
, :� . ,T�
_�
Lot 1, Block 1, Holz's Rearrangement
1291 Rice Street
March 20, 1998
Page 2
��. 3� 1
Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as
defined by Legisiative Code, Chapter 45. Division of Code Enforcement has issued an order
to the then irnown responsible parties to eliminate this nuisance condition by correctina the
deficiencies or by razina and removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It is the
recommendation of the Division of Code Enforcement that the Ciry Council pass a resolution
ordering the responsible parties to either repair, or demolish and remove this building in a
timely manner, and failing that, authorize the Division of Code Enforcement 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.
erely,
��
Reneta Weiss
Vacant Buildings Supervisor
Division of Code Enforcement
Departrnent of Fire and Safety Services
RVJ:mI
cc: Frank Berg, Building Inspection and Design
Rachel Young, City Attomeys Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccard, Fire Marshall
Dan Pahl, PED-Housing Division
1 •3
�� ��g �
��.�
Date: Apri121, 1998
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Keilogg Boulevard
LEGISLATIVE NF.ARTNG
Gerry Strathman
I.egislative Hearing Officer
Summary abatement appeal for 853 Fourth Sireet East.
(Laid over from April 7, 1998)
The Legislarive Hearing Officer recommends denying the appeal.
2. Summary abatement appeal for 1792 Portland Avenue.
(Laid over from Apri17, 1998)
The Legislative Hearing Officer recommends denying the appeal.
3. Summary abatement appeal for 1645 I¢lehart Avenue.
(Laid over from April 7, 1998)
The L.egislative Hearing Officer recommends denying the appeal.
4. Summary abatement appeal for 226 East Belvidere Street.
(Laid over from Apri17, 1998)
The L.egislative Hearing Officer recommends denying the appeal.
5. Resolution ordering the owner to remove or repair the building located at 53 Marvland
Avenue East. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
The Legislarive Hearing Officer recommends laying over to the May 191egislative hearing.
6. Resolution ordering the owner to remove or repair the building located at 1291 Rice Street.
If the owner fails to comply with the resoiution, Public Health is ordered to remove the
building.
The I.egislative Hearing Officer recommends allowing the owner six months to complete
rehabilitation on condition that a$2,000 bond is posted by noon of May 13.
7. Resolution ordering the owner to remove or repair the building located at 780 Chazles
Avenue. ff the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
The I.egislarive Hearing Officer recommends ailowing the owner six months to complete
rehabilitarion on condifion that a code compliance inspecfion is done, ihe $200 vacant
building fee is paid, and a$2,000 bond is posted by noon of May 6.
8. Resolution ordering the owner to remove or repair the building located at 860 Robert Street
South. If the owner fails to comply with the resolution, Public Health is ordered to remove
the building.
The I.egislative Hearing Officer recommends laying over to the May 191egislative hearing.
9. Summary abatement appeal for 752 Laurel Avenue.
The Legislative Hearing Officer recommends denying the appeal.
MINUTES OF THE LEGISLATIVE HEARING
Apri121, 1998
Room 330, City Hall
Gerry Strathman, I.egislative Hearing Officer
STAFF PRESENT: Roxanna Flink, Real Estate; Chuck Votel, Code Enforcement; Guy Willits,
Code Enforcement.
Note: All addresses are laid over to the May 6 City Council meeung except for 1291 Rice Street
which is laid over to the May 13 City Council meeting.
Gerry Strathman called the meeting to order at 10:01 a.m.
752 Laurel Avenue
No one appeared. Gerry Strathman denied the appeal.
226 East Belvidere Street (Laid over from Apri17, 1998)
Guy Willits presented photographs.
Gloria McGrath, owner, stated she was sick at the time of this assessment. She moved out of the
house temporarily when she was in the hospita] and stayed with her mother afterwazds. Ms.
McGrath stated she let everything go when she was ill. Someone is living in the house now. The
yard is clean. The previous owner installed a fence that should not have been installed. When the
previous tenants left, all the rubbish was left behind.
Guy Willits reported that since 1996, eight summary abatements have been issued for refuse, three
for vehicles, and three for cleaning. This property has been charged $200 for excessive inspection
costs.
Gerry Strathman stated it looks like the owner was properly noufied and the Ciry did tow the
vehicle.
Gloria McGrath stated she is on complete disability and cannot pay this cost. Her income is enough
to pay for just her insurance.
Gerry Strathman recommended denying the appeal and approval of the assessment.
Roxanna Flink suggested the owner pay the assessment over a five yeaz period with interest. Gloria
McGrath stated that would help.
853 Fourth Street East (Laid over from April 7, 1998)
Russell Spartz, owner, appeazed.
MINUTES OF THE I,EGISLATIVE HEARING OF 4-21-98 Page 2
Guy Wiilits presented photographs.
Guy Willits reported orders were mailed on June 12, 1997 and posted. Orders were mailed again on
3uly 7, 1997. These orders were for tall grass, weeds and remove refuse. 'The last compliance
check was July 11, 1997. The property was rechecked three times. The Thomas Dale Biock Club
cut the grass on July 30,1997.
Russell Spartz stated the inspector was hard to deal with. Mr. Spartz thought the neighbor cut the
grass because only the top of the driveway was done, wluch probably took only five arinutes. Mr.
Spartz called the inspector one day about an extension. The inspector told Mr. Spaztz he had two
days and that was it. This inspector said it was 4:01, he gets off work at 4:00, and then hung up.
Mr. Spartz says he now has a mower and tnies to take caze of everything whenever he is sent a
notice.
Gerry Strathman stated the orders were sent on June 12, posted at the property, and again sent on
July 7. Russell Spartz stated he never had two weeks to do anything because if it was not done
immediately, the inspector did it. Gerry Strathman stated the grass in the pictures did not take just
two weeks to grow this tall.
Gerry Strathman recommended denying the appeal.
1645 Iglehart Avenue (Laid over from April 7, 1998)
No one appeazed; Gerry Strathman denied the appeal.
1792 Portland Avenue (Laid over from Apri17, 1998)
Guy Willits reported the orders were mailed on 7une 9, 1997 to remove a bus. Compliance date was
June 17, 1997. It was rechecked on 7une 18, 1997. It was not removed. The police removed it on
July 20 (however the Summary Abatement History mistakenly reads July 10).
William Manley, owner, appeazed and stated this was all done without notice to him.
Gerry Strathman asked about evidence that the owner was notified. Guy Willits showed Mr.
Strathman a copy of a letter the owner was sent. William Maniey stated he did not receive the lettex.
Gerry Strathman recommended denying the appeal. All evidence indicates ihe letter was sent. The
documents indicate the owner did receive them. Mr. 5trathman stated he cannot say anything about
postal delivery.
53 Marvland Avenue East
Robert Moreland appeazed and stated he is interested in buying the property. He found the house
on a list of vacant bnildings in Saint Paul. The bank is suppose to overnight a package to the real
estate agency today about the properry, but Mr. Moreland did not receive it. Mr. Moreland would
��-3$�
MINUTES OF THE LEGISLATIVE HEARING OF 4-21-98
like to postpone tlus issue for about a month. He will bring the building up to code.
Page 3
Chuck Votel reported this building has been vacant since September 1997. The current property
owners have not discussed their intentions with Mr. Votel's office. The City has had to boazd the
building against trespass. The vacant building fees and real estate taxes aze due. The cost to repair
this building is $30,000 and the cost to demolish is $6,275. Foreclosure is cemplete on the property
and the redemption period will be reduced to five weeks beginning Mazch 4, 1998. Mr. Votel feels
the building can be rehabbed. It has not been a major problem with his office.
Robert Moreland stated he is in contact with the mortgage company and has walked through the
home. The plumbing, electrical, and central heat have been brought up to code.
Crerry Strathman laid over this matter to the May 19 I,egislative Hearing. Chuck Votel added that
the home cannot be occupied until it is brought up to code.
1291 Rice Street
Urvin Olsen representing Advanta Mortgage and Mike DeRosier, Empire Clock at 1295 Rice, both
appeared.
Chuck Votel reported the building has been vacant since August 1997. The current owner is
Advanta Mortgage and they intent to sell it as is. The City has issued three summary abatement
notices for securing it and the gazage, cutting and removing tall grass and weeds, removing refuse.
The City has had to board the building. The real estate taaces aze unpaid. A code compliance
inspection was done in April. The cost to repair is $30,000 and the cost to demolish is $6,210.
Urvin Olsen stated the bank has the property under contract for sale. The City's esfimate is very
accurate. The price makes it feasible to rehab. The house has nice woodwork and could be an asset
to the community. The mortgage company did expedite the foreclosure period. Advanta took care
of things as soon as it could. They secured the building. 'i'welve tons of trash were removed. Mr.
Olsen has personally monitored the property on a bi-weekly basis. The home is under contract and
is sold.
Mike DeRosier stated since the owner has owned it, the property has gone down lull. There is only
a single caz garage there now. Over time, cazs have been pazked all over the backyard. There is no
adequate pazking there. A decent garage cannot be built to be faz enough off of the alley. The lot is
only 33 feet wide. The garage is within an inch of Empire Clock's properiy line. If the house is
demolished, Mr. DeRosier is interested in purchasing the lot to get it rezoned for pazking space.
Gerry Strathman recommended allowing the owner six months to complete rehabilita6on on
condition that a$2,000 bond is posted by noon of May 13. (LTrvan Olsen felt, because this is a
foreclosure, it would be difficult to provide good title to the owner by May 6.)
MINUT'ES OF THE LEGISLATIVE HEARING OF 421-98 Page 4
780 Charles Avenue
Beth Asmussen, Industry Mortgage, appeared.
Chuck Votel reported the building has been vacant since January 1998. Industry Mortgage now
owns the property. This has been a problem properry for the inspectors. Numerous people have
been evicted from the building. The police have been there frequently about people selling drugs.
The City has boazded it numerous times. The vacant building fees and real estate taxes aze unpaid.
The cost to repair is $45,000, and the cost to demolish is $5,900. This is a five day order to repair
or remove instead of the usual 15 days.
Beth Asmussen stated Industry Mortgage is looking for a buyer to make the repairs. They recently
became the owner after the foreclosure sale. They aze willing to post a bond. Ms. Asmussen will
talk to Industry Mortgage personnel about having someone go to the residence weekly to make sure
it remains secure.
Gerry Strathman recommended six months to complete rehabilitation on cor,3ition that a code
compliance inspection is done, the $200 vacant building fee is paid, and a$2,000 bond is posted by
noon of May 6.
860 Robert Street South
Dennis Dalen, Bank of New York, appeazed.
Chuck Votel reported this building was condemned in Septernber 1997. It has been vacant since
October 1997. The current owner is Elbert Berg who is willing to authorize the City to remove the
building. There have been four summary abatement notices for remove snow and/or ice and secure
the building. The City has had to boazd the building against trespass. The real estate ta�ces are
unpaid. The cost to repair is $35,000, and the cost to demolish is $5,550. Mr. Votel was told the
Money Store is doing a five week foreciosure and will own the property May 14, 1998. Someone
from the Money Store was going to contact Gerry Strathman.
Dennis Dalen stated he has an estimate from a local contractor to do repairs and was told it would
be $6,500 to $10,000. The redemption period will be up May 14 and he cannot go on the property
un61 that 6me. Mr. Dalen suggested continuing the hearing for a few months.
Gerry Strathman recommended laying over to the May 19 I.egislative Hearing.
Dennis Dalen was concerned about an unlawful detainer and court action if it was occupied. Chuck
Votel stated the residence is condemned, therefore if it is occupied, the person wiil be evicted.
The meering was adjourned at 10:46 a.m.
��
a�-���
MINUT'ES OF TF� LEGISLA'TIVE HEARING
May 5, 1998
Room 330, Ciry Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy
Willits, Property Code Enforcement
Note: All addresses are laid over to the May 13 City Council meeting.
Gerry Strathman called the meeting to order at 10:01 am.
1130 Bush Avenue
A video was shown.
Tony Casland, owner, appeared and stated he had his garage torn 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 6res. Tony Casland responded he got chazged for 18 tires. The
neighbor said some of the gazbage was theirs. Old tenants threw trash behind the garage. Mr.
Casland spent $500 to haul away trash, some of which was not in the film. The shed was torn
down because it was becoming such a problem for the neighborhood with people throwing their
trash behind it.
Ron Tessmer appeared and stated he spent Saturday and Sunday dismantling 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 haue 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 chazging $200 for the whole
thing. He is surprised the City charged $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 retumed.
Guy Willits reported this started in October 1997. TYie neighbors were complaining. The
inspector made attempts to reach the owner. The gazage was par[ially collapsed. Gerry
Strathman stated it looked like the gazage was down in the video.
Gerry Strathman looked at the bill. From the video and from what he heard, Mr. Strathman felt
the chazge was excessive. However, the owner was ciearly notified and had an opportunity to
remove the problem.
�.�-��
MINUTES FROM THE LEGlSLATIVE HEARING OF 5-5-98 Page 2
Gerry Strathman recommends the cost be cut in half: $400 plus a$40 service fee instead of $861
pius the $40 service fee.
553 Edmund Avenue
IZRf. ;. . ,_ � . :.,
James Morgan and Jeannie Miller, owners, appeared. 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 uash was
$90. Mr. Strathman asked how the hour was charged. Chuck Votel responded the chazge 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 hazd to haul things
away two to three times. There should be a standard. 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 until7anuary 22, which is about five weeks.
Gerry Strathman recommends the chazge be reduced to $100 plus $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 (Laid 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 pernut
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 Leltineton Parkwav North (Laid over from 4-7-98)
Chuck Votel reported the owner is agpealing 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 TI-� LEGISLATTVE HEARING OF 5-5-98 Page 3
Council ordered repair or remove. When the owner failed to repair the building, the Ciry
removed it.
Mohammed Shahidullah, owner, stated Gerry Suathman previously gave him six months to
repair the properry 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 answered he has documentation
that the owner was mailed a certified copy of the resolution.
Gerry Strathman 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 resuaining order because the City
moved so fast and had already started to teaz the home down.
Gerry Strathman 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. If he wants a copy, he can request it from the Fire Department. Whether he was notified
or not, is up to an attorney to find out. Mr. Shahidullah asked who noufied him. Mr. Strathman
responded the City Council resolution should have been sent to the property owner. Whether Mr.
Shahidullah 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 are no extraordinary
circumstances here. The work was done. The bill was sent. Mr. Shahidullah stated he never
received detailed expenses.
Gerry Strathman recommends denying the appeal.
948 Forest Street
No one appeazed representing the properiy.
Chuck Votel reported this was condemned in June 1997 and has been vacant since August 1997.
The owner has not discussed his intentions with Mr. Votel's o�ce. Attached to the paperwork
on this property is a letter from NovaStaz 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 NovaStar is trying
to do a speedy foreclosure on the property. NovaStar was notified of this hearing, but aze not
here. The City has issued four summary abatement notices. The building has been secured by
��S'��
A�IINUTES FROM TF� LEGISLATIVE HEARING OF 5-5-98 Page 4
the City. The real estate taxes 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 peopie 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, represenung Holy Triniry Orthodox Chuck at 956 Forest Street;
Ruth Murphy, 442 Summit #7, Community Design Center;
Mary Moore, 960 Duchess;
Richard Beldorf, 953 Forest Street.
Gerry Suathman recommends amending the order to remove or repair to five days.
(The text of David Ketz's and Dan Starr's testimony was turned in for the record)
447 Ban�l Street and 449 Banfil Street
Chuck Votel reported these two properties adjoin each other and the situarion for both is very
similar. 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 notices issued for 449 Banfil and four issued for 447
Banfil. The notices aze for cutting tali grass and weeds, removing refuse and animal feces, and
securing the building. The Ciry has had to boazd the building. The registra6on fees are due on
both properties and citations have been issued for this reason. Ta�ces aze due on both properties.
Personnel have not been inside 447 and 444 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 $50,000 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 7oseph Mullery who says there is a
temporary restraining order. Chuck Votel responded there is no restraining order. Mr. Strathman
asked has there been any communica6on with Mr. Mullery other than this letter. Mr. Votel
responded Mr. Mullery has talked to the Mayor's office and others in City government. 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 rehabbed. He has tried to reach Joseph 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 Suafelda asked what he would need to do.
��-`��l
n�n.uyr:���cz•���r:r���e��yw:vnn.�:i�►r��.rs�r•����� -
Geay 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 Street #206, Arthur and Dorothy Johnson, 1136 East Magnolia
Avenue, appeazed. Ms. Mercurio is the conuact for deed holder. Arthur Johnson has power of
attomey for his mother Gladys Johnson, who owns the property.
Chuck Votel reported the proper[y has been vacant since May 1997. Six summary abatement
notices have been issued for refuse and broken glass, securing the building and shed, cutting tall
grass and weeds, and removing gr�ti. The building has been boazded six times. 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 7ohnsons 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
clearly footprints in the snow from the next door home. There aze 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 aze 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 year 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 pernut, 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 Sherbume Avenue
Guy Willits reported this was for scattered gazbage, gazbage bags, and refuse.
��,��i
MINiJTES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 6
A video was shown.
The owner was satisfed that the City did the work.
Gerry Strathman recommends denying the appeal.
741 Marvland Avenue
Guy Willits reported the summary abatement notice was sent January 29, 1998 and posted. A
waming letter was sent January 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, appeared and stated he has six kids, works two jobs, and at night. He
tries to do the best he can. He thought his shoveling was enough. Gerry Strathman asked did he
get the notices that were sent out. Mr. Burks responded yes. Mr. Strathman stated sidewalks
have to be clear full width. Chuck Votel added there is a bus stop there. Mr. Strathman stated
busy streets get complaints when people aze 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.
663 York Avenue (Laid over from the 4-22-98 City Council meeting)
No one appeazed.
A video was shown.
Chuck Willits reported the gazage was dilapidated, leaning, harzardous, and open to access.
Gerry Strathman recommends denying the appeal.
��.�� I
MINUTES FROM 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.
ORIGI�lAL
Presented By
Council File # % O ".3d �
Green Sheet # �� ��
RESOLUTION
CITY OF SAI�IT PAUL, MINNESOTA
`�'�
Referred To Coa¢nittee: Date
1 WHEREAS, Department of Fire and Safety Services, Division of Code Enforcement has
2 requested the Ciry Council to hold public hearings to consider the advisability and necessiry of
3 ordering the repair or wrecking and removal of a two-story, wood frame duplex, with a detached,
4 one-stall, wood frame garage located on properry hereinafter referred to as the "S�bject Property"
5 and commonly l�own as 1291 Rice Street. This property is legally described as follows, to wit:
6
7 Lot 1, Block 1, Holz's Rearrangement �
8
9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and
10 information obtained by Division of Code Enforcement on or before December 30, 1997, the
11 following are the now lmown interested or responsible parties for the Subject Properry: Advatrta
12 Mortgage Co., 16875 W. Bernardo Drive, Dept. 340, San Diego, CA 92127, Loan #2981355;
13 James S. Tuzinski, 7050 Brooklyn Blvd., Mpls., MN 55429
14
15 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of
16 Chapter 45 of the Saint Paul I.egislative Code an order identified as an "Order to Abate Nuisance
17 Building(s)" dated January 22, 1998; and
18
19 WHEREAS, this order informed the then lrnown 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 Property by February 23, 1998; and
24
25 WHEREAS, the enforcement officer has posted a placazd 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 Division of Code
29 Enforcement requested that the City Clerk schedule public hearings before the L.egislative Heazing
30 O�cer of the Ciry Council and the Saint Paul Ciry 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 Legislative Code, of the time, date, place and
34 purpose of the public hearings; and
35
36 WHEREAS, a hearing was held before the I.egislative Hearing Officer of the Saint Paul City
37 Council on Tuesday, April 21, 1998 to hear testimony and evidence, and after receiving testimony
38 and evidence, made ihe recommendarion to approve the request to order the interested or responsible
39 parties to make the Subject Propeny safe and not detrimental to the public peace, health, safety and
40 welfare and remove its blighting influence on the community by rehabilitating this structure in
41 accordance with all applicable codes and ordinances, or in the alternative by demolishing and
42 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or
43 demolidon of the structure to be complated within ��'°°^���,� after the date of the Council
44 Hearing; and vS � X C rhor.
P ovic�e� cx ��, �ot�d fs �osfie� �y 1'1�orJ On�' �aq (��i
�
OR(GINAL
., ,
,.
ar� M�. � 3 _ ����
��WHEREAS, a hearing was held before the Saint Paul Ciry Council on Wednesday, May 6,
1998 and the testimony and evidence including the action taken by the Legislative Hearing Officer
was considered by the Council; now therefore
BE IT RFSOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and
Order concerning the Subject Property at 1291 Rice Street:
1. That the S�bject Properry comprises a nuisance condition as defined in Saint Paul
I.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 lrnown responsible
parties to correct the deficiencies or to demolish and remove the building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Division of Code Enforcement has posted a placard on the Subject Properry
which declares it to be a nuisance condition subject to demolition.
7. That this building has been routinely monitored by the Department of Fire and Safery
Services, pivision of Code Enforcement, Vacant/Nuisance Buildings.
8. That the lrnown interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
1. The above referenced interested or responsible parties shall make the Subject Property safe
and not detrimental to the public peace, health, safety and welfare and remove its blighting
influence on the community by rehabilitating this structure and correcting 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
demolirion and removal of the structure must be completed within fifteen (15) days after the
date of the Council Hearing.
i r .
i
ORIGINAL
2. If the above corrective acrion is not completed within this period of time the Fire and Safety
Services, Division of Code Enforcement is hereby authorized to take whatever steps aze
necessary to demolish and remove this structure, fill the site and charge the costs incurred
against the Subject Property pursuant to ffie provisions of Chapter 45 of the Saint Paul
Legislauve Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all
personal properry or fixtures of any kind which interfere with the demolition and removal
shall be removed from the properry by the responsible parties by the end of this time period.
If all personal property is not removed, it shall be considered to be abandoned and the Ciry
of Saint Paul shall remove and dispose of such property 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.
Requested by Department of:
Adopted by Council: Date �(�
\
Adoption Certified by Council Se e ary ,�
Sy:
Approved by
`
Fire• 'ode Enforcement Division
BY: ����
Form Approved by City Attorney
B `� ti?
N{ayor
ion to
By:
Division of Code Enforcement
�ar�es��." � 292-7718 �
IUST BE ON COUNCILAGENDA BY (DAT�
May 6, 1998
DATEINRIATED
03/20/98
ICi�'ej
���
rtounxc
ortnErt
GREEN SHEET
DF1�RfIBIf GRFGlOR
TOTAL # OF SIGNATURE PAGES �
� .> .:- � -,,. ; ; �,-� .,,�
��
„�.,
�' a�'%� s � �.:�
City Council to pass ttris resolution which will order the owner(s) to remove or repair the referenced
building(s). If the owner fails to comply with the resolution, Department of Fire and Safety Services,
Division of Code Enforcement is ordered to remove the building. The subject property is located at
1291 Rice Street.
w
PLANNING COMMISSION
CIB COMMITTEE
CNIL SERVICE CAMMISSION
Y21�!;.1�^711`I�R]
❑a �,,,,� 3-i�'r d � �„��
❑,����� ❑,.�.,�.��,�a
� wvattoMASmrt.w*1 ❑
(CLJP ALL LOCATIONS OR StGNATURE)
Has Nis persoNfirm everwai�d under a contract taMie depaAmeM?
YES NO
Has Mia pereoNfirm ever been a dty empbyee7
YES NO
ooes this oersun/firm possess a slaN not normaAVPOesessed blr anv curtent ciq' emWoyee7
YES NO
Is ihie person�iim a farpetetl vendo(!
YES NO
�lain ali ves answers an seua2te sheet aM attach to areen sheet
This building(s) is a nuisance bui(ding(s) as defined in Chapter 45 and a vacant building as defined in
Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties known
to the Enforcement Officer were given an order to repair or remove the building at 1291 Rice Street by
February 23, 1998, and have failed to comply with those orders.
�E�E4VE�
The City will eliminate a nuisance.
MAR 27 199�
r�P�V(JR'S O��IG�
�AAR 2 5 1998
98 �
No 61586
NXIa11Dme
pIYCOUiC�.
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the
properiy, collected as a special assessment against the property tases.
will remain unabated in the City. This building(s) will continue to blight the
community.
.ni,vvv - ao,wv
IpUNT OF TRANSACTION S
Nuisance Housing Abatement
SOURCE
(�WM
NO
Gg�^c�g �t�s�arc,h C��#P�
f , � :FF4
COST/REVENUE BUD6ETm (qRCLE ONE)
�crnm Nure�e
n
DEPARIMENT OF FIRE AND SAFETY SERVICES
Timol3ry K Fulfer, F'ue Chiej
DIVISION OF PROPERTY CODE EYFORCE[vIENT r
Charles Ya�el, Program Director �r� �rt �
�i� lJ
CTTI' OF SA�I'f PALTL Nuisance Bui7ding Code Enjorcement
Norm Coleman, Mayar SSS Cedar Sveet Tel.� 6l2-298-4I53
Saint Paul, �LLV SSIOI-2160 Far. 6/2-228-3170
i
March 20, 1998
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Departrnent of Fire and Safery Services, Vacant/Nuisance Buildings Enforcement Division
has requested the City Council schedule public hearings to consider a resolution ordering the
repair or removal of the nuisance buiiding(s) located at:
1291 Rice Street
The City Councii has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, April 21, 1998
City Council Hearing - Wednesday, May 6, 1998
The owners and responsible parties of record are:
Name and L.ast Known Address
Advanta Mortgage Co.
16875 W. Bernardo Drive
Dept. 340
San Diego, CA 92127
L.oan #2981355
Interest
Fee Owner
James S. Tlizinski
7050 Brooklyn Blvd.
Mpls., MN 55429
The legal description of this property is:
Attorney for Owner
G�tt�°1 �ps?�°r.� C��{er
, :� . ,T�
_�
Lot 1, Block 1, Holz's Rearrangement
1291 Rice Street
March 20, 1998
Page 2
��. 3� 1
Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as
defined by Legisiative Code, Chapter 45. Division of Code Enforcement has issued an order
to the then irnown responsible parties to eliminate this nuisance condition by correctina the
deficiencies or by razina and removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It is the
recommendation of the Division of Code Enforcement that the Ciry Council pass a resolution
ordering the responsible parties to either repair, or demolish and remove this building in a
timely manner, and failing that, authorize the Division of Code Enforcement 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.
erely,
��
Reneta Weiss
Vacant Buildings Supervisor
Division of Code Enforcement
Departrnent of Fire and Safety Services
RVJ:mI
cc: Frank Berg, Building Inspection and Design
Rachel Young, City Attomeys Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccard, Fire Marshall
Dan Pahl, PED-Housing Division
1 •3
�� ��g �
��.�
Date: Apri121, 1998
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Keilogg Boulevard
LEGISLATIVE NF.ARTNG
Gerry Strathman
I.egislative Hearing Officer
Summary abatement appeal for 853 Fourth Sireet East.
(Laid over from April 7, 1998)
The Legislarive Hearing Officer recommends denying the appeal.
2. Summary abatement appeal for 1792 Portland Avenue.
(Laid over from Apri17, 1998)
The Legislative Hearing Officer recommends denying the appeal.
3. Summary abatement appeal for 1645 I¢lehart Avenue.
(Laid over from April 7, 1998)
The L.egislative Hearing Officer recommends denying the appeal.
4. Summary abatement appeal for 226 East Belvidere Street.
(Laid over from Apri17, 1998)
The L.egislative Hearing Officer recommends denying the appeal.
5. Resolution ordering the owner to remove or repair the building located at 53 Marvland
Avenue East. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
The Legislarive Hearing Officer recommends laying over to the May 191egislative hearing.
6. Resolution ordering the owner to remove or repair the building located at 1291 Rice Street.
If the owner fails to comply with the resoiution, Public Health is ordered to remove the
building.
The I.egislative Hearing Officer recommends allowing the owner six months to complete
rehabilitation on condition that a$2,000 bond is posted by noon of May 13.
7. Resolution ordering the owner to remove or repair the building located at 780 Chazles
Avenue. ff the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
The I.egislarive Hearing Officer recommends ailowing the owner six months to complete
rehabilitarion on condifion that a code compliance inspecfion is done, ihe $200 vacant
building fee is paid, and a$2,000 bond is posted by noon of May 6.
8. Resolution ordering the owner to remove or repair the building located at 860 Robert Street
South. If the owner fails to comply with the resolution, Public Health is ordered to remove
the building.
The I.egislative Hearing Officer recommends laying over to the May 191egislative hearing.
9. Summary abatement appeal for 752 Laurel Avenue.
The Legislative Hearing Officer recommends denying the appeal.
MINUTES OF THE LEGISLATIVE HEARING
Apri121, 1998
Room 330, City Hall
Gerry Strathman, I.egislative Hearing Officer
STAFF PRESENT: Roxanna Flink, Real Estate; Chuck Votel, Code Enforcement; Guy Willits,
Code Enforcement.
Note: All addresses are laid over to the May 6 City Council meeung except for 1291 Rice Street
which is laid over to the May 13 City Council meeting.
Gerry Strathman called the meeting to order at 10:01 a.m.
752 Laurel Avenue
No one appeared. Gerry Strathman denied the appeal.
226 East Belvidere Street (Laid over from Apri17, 1998)
Guy Willits presented photographs.
Gloria McGrath, owner, stated she was sick at the time of this assessment. She moved out of the
house temporarily when she was in the hospita] and stayed with her mother afterwazds. Ms.
McGrath stated she let everything go when she was ill. Someone is living in the house now. The
yard is clean. The previous owner installed a fence that should not have been installed. When the
previous tenants left, all the rubbish was left behind.
Guy Willits reported that since 1996, eight summary abatements have been issued for refuse, three
for vehicles, and three for cleaning. This property has been charged $200 for excessive inspection
costs.
Gerry Strathman stated it looks like the owner was properly noufied and the Ciry did tow the
vehicle.
Gloria McGrath stated she is on complete disability and cannot pay this cost. Her income is enough
to pay for just her insurance.
Gerry Strathman recommended denying the appeal and approval of the assessment.
Roxanna Flink suggested the owner pay the assessment over a five yeaz period with interest. Gloria
McGrath stated that would help.
853 Fourth Street East (Laid over from April 7, 1998)
Russell Spartz, owner, appeazed.
MINUTES OF THE I,EGISLATIVE HEARING OF 4-21-98 Page 2
Guy Wiilits presented photographs.
Guy Willits reported orders were mailed on June 12, 1997 and posted. Orders were mailed again on
3uly 7, 1997. These orders were for tall grass, weeds and remove refuse. 'The last compliance
check was July 11, 1997. The property was rechecked three times. The Thomas Dale Biock Club
cut the grass on July 30,1997.
Russell Spartz stated the inspector was hard to deal with. Mr. Spartz thought the neighbor cut the
grass because only the top of the driveway was done, wluch probably took only five arinutes. Mr.
Spartz called the inspector one day about an extension. The inspector told Mr. Spaztz he had two
days and that was it. This inspector said it was 4:01, he gets off work at 4:00, and then hung up.
Mr. Spartz says he now has a mower and tnies to take caze of everything whenever he is sent a
notice.
Gerry Strathman stated the orders were sent on June 12, posted at the property, and again sent on
July 7. Russell Spartz stated he never had two weeks to do anything because if it was not done
immediately, the inspector did it. Gerry Strathman stated the grass in the pictures did not take just
two weeks to grow this tall.
Gerry Strathman recommended denying the appeal.
1645 Iglehart Avenue (Laid over from April 7, 1998)
No one appeazed; Gerry Strathman denied the appeal.
1792 Portland Avenue (Laid over from Apri17, 1998)
Guy Willits reported the orders were mailed on 7une 9, 1997 to remove a bus. Compliance date was
June 17, 1997. It was rechecked on 7une 18, 1997. It was not removed. The police removed it on
July 20 (however the Summary Abatement History mistakenly reads July 10).
William Manley, owner, appeazed and stated this was all done without notice to him.
Gerry Strathman asked about evidence that the owner was notified. Guy Willits showed Mr.
Strathman a copy of a letter the owner was sent. William Maniey stated he did not receive the lettex.
Gerry Strathman recommended denying the appeal. All evidence indicates ihe letter was sent. The
documents indicate the owner did receive them. Mr. 5trathman stated he cannot say anything about
postal delivery.
53 Marvland Avenue East
Robert Moreland appeazed and stated he is interested in buying the property. He found the house
on a list of vacant bnildings in Saint Paul. The bank is suppose to overnight a package to the real
estate agency today about the properry, but Mr. Moreland did not receive it. Mr. Moreland would
��-3$�
MINUTES OF THE LEGISLATIVE HEARING OF 4-21-98
like to postpone tlus issue for about a month. He will bring the building up to code.
Page 3
Chuck Votel reported this building has been vacant since September 1997. The current property
owners have not discussed their intentions with Mr. Votel's office. The City has had to boazd the
building against trespass. The vacant building fees and real estate taxes aze due. The cost to repair
this building is $30,000 and the cost to demolish is $6,275. Foreclosure is cemplete on the property
and the redemption period will be reduced to five weeks beginning Mazch 4, 1998. Mr. Votel feels
the building can be rehabbed. It has not been a major problem with his office.
Robert Moreland stated he is in contact with the mortgage company and has walked through the
home. The plumbing, electrical, and central heat have been brought up to code.
Crerry Strathman laid over this matter to the May 19 I,egislative Hearing. Chuck Votel added that
the home cannot be occupied until it is brought up to code.
1291 Rice Street
Urvin Olsen representing Advanta Mortgage and Mike DeRosier, Empire Clock at 1295 Rice, both
appeared.
Chuck Votel reported the building has been vacant since August 1997. The current owner is
Advanta Mortgage and they intent to sell it as is. The City has issued three summary abatement
notices for securing it and the gazage, cutting and removing tall grass and weeds, removing refuse.
The City has had to board the building. The real estate taaces aze unpaid. A code compliance
inspection was done in April. The cost to repair is $30,000 and the cost to demolish is $6,210.
Urvin Olsen stated the bank has the property under contract for sale. The City's esfimate is very
accurate. The price makes it feasible to rehab. The house has nice woodwork and could be an asset
to the community. The mortgage company did expedite the foreclosure period. Advanta took care
of things as soon as it could. They secured the building. 'i'welve tons of trash were removed. Mr.
Olsen has personally monitored the property on a bi-weekly basis. The home is under contract and
is sold.
Mike DeRosier stated since the owner has owned it, the property has gone down lull. There is only
a single caz garage there now. Over time, cazs have been pazked all over the backyard. There is no
adequate pazking there. A decent garage cannot be built to be faz enough off of the alley. The lot is
only 33 feet wide. The garage is within an inch of Empire Clock's properiy line. If the house is
demolished, Mr. DeRosier is interested in purchasing the lot to get it rezoned for pazking space.
Gerry Strathman recommended allowing the owner six months to complete rehabilita6on on
condition that a$2,000 bond is posted by noon of May 13. (LTrvan Olsen felt, because this is a
foreclosure, it would be difficult to provide good title to the owner by May 6.)
MINUT'ES OF THE LEGISLATIVE HEARING OF 421-98 Page 4
780 Charles Avenue
Beth Asmussen, Industry Mortgage, appeared.
Chuck Votel reported the building has been vacant since January 1998. Industry Mortgage now
owns the property. This has been a problem properry for the inspectors. Numerous people have
been evicted from the building. The police have been there frequently about people selling drugs.
The City has boazded it numerous times. The vacant building fees and real estate taxes aze unpaid.
The cost to repair is $45,000, and the cost to demolish is $5,900. This is a five day order to repair
or remove instead of the usual 15 days.
Beth Asmussen stated Industry Mortgage is looking for a buyer to make the repairs. They recently
became the owner after the foreclosure sale. They aze willing to post a bond. Ms. Asmussen will
talk to Industry Mortgage personnel about having someone go to the residence weekly to make sure
it remains secure.
Gerry Strathman recommended six months to complete rehabilitation on cor,3ition that a code
compliance inspection is done, the $200 vacant building fee is paid, and a$2,000 bond is posted by
noon of May 6.
860 Robert Street South
Dennis Dalen, Bank of New York, appeazed.
Chuck Votel reported this building was condemned in Septernber 1997. It has been vacant since
October 1997. The current owner is Elbert Berg who is willing to authorize the City to remove the
building. There have been four summary abatement notices for remove snow and/or ice and secure
the building. The City has had to boazd the building against trespass. The real estate ta�ces are
unpaid. The cost to repair is $35,000, and the cost to demolish is $5,550. Mr. Votel was told the
Money Store is doing a five week foreciosure and will own the property May 14, 1998. Someone
from the Money Store was going to contact Gerry Strathman.
Dennis Dalen stated he has an estimate from a local contractor to do repairs and was told it would
be $6,500 to $10,000. The redemption period will be up May 14 and he cannot go on the property
un61 that 6me. Mr. Dalen suggested continuing the hearing for a few months.
Gerry Strathman recommended laying over to the May 19 I.egislative Hearing.
Dennis Dalen was concerned about an unlawful detainer and court action if it was occupied. Chuck
Votel stated the residence is condemned, therefore if it is occupied, the person wiil be evicted.
The meering was adjourned at 10:46 a.m.
��
a�-���
MINUT'ES OF TF� LEGISLA'TIVE HEARING
May 5, 1998
Room 330, Ciry Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy
Willits, Property Code Enforcement
Note: All addresses are laid over to the May 13 City Council meeting.
Gerry Strathman called the meeting to order at 10:01 am.
1130 Bush Avenue
A video was shown.
Tony Casland, owner, appeared and stated he had his garage torn 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 6res. Tony Casland responded he got chazged for 18 tires. The
neighbor said some of the gazbage was theirs. Old tenants threw trash behind the garage. Mr.
Casland spent $500 to haul away trash, some of which was not in the film. The shed was torn
down because it was becoming such a problem for the neighborhood with people throwing their
trash behind it.
Ron Tessmer appeared and stated he spent Saturday and Sunday dismantling 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 haue 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 chazging $200 for the whole
thing. He is surprised the City charged $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 retumed.
Guy Willits reported this started in October 1997. TYie neighbors were complaining. The
inspector made attempts to reach the owner. The gazage was par[ially collapsed. Gerry
Strathman stated it looked like the gazage was down in the video.
Gerry Strathman looked at the bill. From the video and from what he heard, Mr. Strathman felt
the chazge was excessive. However, the owner was ciearly notified and had an opportunity to
remove the problem.
�.�-��
MINUTES FROM THE LEGlSLATIVE HEARING OF 5-5-98 Page 2
Gerry Strathman recommends the cost be cut in half: $400 plus a$40 service fee instead of $861
pius the $40 service fee.
553 Edmund Avenue
IZRf. ;. . ,_ � . :.,
James Morgan and Jeannie Miller, owners, appeared. 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 uash was
$90. Mr. Strathman asked how the hour was charged. Chuck Votel responded the chazge 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 hazd to haul things
away two to three times. There should be a standard. 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 until7anuary 22, which is about five weeks.
Gerry Strathman recommends the chazge be reduced to $100 plus $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 (Laid 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 pernut
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 Leltineton Parkwav North (Laid over from 4-7-98)
Chuck Votel reported the owner is agpealing 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 TI-� LEGISLATTVE HEARING OF 5-5-98 Page 3
Council ordered repair or remove. When the owner failed to repair the building, the Ciry
removed it.
Mohammed Shahidullah, owner, stated Gerry Suathman previously gave him six months to
repair the properry 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 answered he has documentation
that the owner was mailed a certified copy of the resolution.
Gerry Strathman 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 resuaining order because the City
moved so fast and had already started to teaz the home down.
Gerry Strathman 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. If he wants a copy, he can request it from the Fire Department. Whether he was notified
or not, is up to an attorney to find out. Mr. Shahidullah asked who noufied him. Mr. Strathman
responded the City Council resolution should have been sent to the property owner. Whether Mr.
Shahidullah 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 are no extraordinary
circumstances here. The work was done. The bill was sent. Mr. Shahidullah stated he never
received detailed expenses.
Gerry Strathman recommends denying the appeal.
948 Forest Street
No one appeazed representing the properiy.
Chuck Votel reported this was condemned in June 1997 and has been vacant since August 1997.
The owner has not discussed his intentions with Mr. Votel's o�ce. Attached to the paperwork
on this property is a letter from NovaStaz 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 NovaStar is trying
to do a speedy foreclosure on the property. NovaStar was notified of this hearing, but aze not
here. The City has issued four summary abatement notices. The building has been secured by
��S'��
A�IINUTES FROM TF� LEGISLATIVE HEARING OF 5-5-98 Page 4
the City. The real estate taxes 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 peopie 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, represenung Holy Triniry Orthodox Chuck at 956 Forest Street;
Ruth Murphy, 442 Summit #7, Community Design Center;
Mary Moore, 960 Duchess;
Richard Beldorf, 953 Forest Street.
Gerry Suathman recommends amending the order to remove or repair to five days.
(The text of David Ketz's and Dan Starr's testimony was turned in for the record)
447 Ban�l Street and 449 Banfil Street
Chuck Votel reported these two properties adjoin each other and the situarion for both is very
similar. 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 notices issued for 449 Banfil and four issued for 447
Banfil. The notices aze for cutting tali grass and weeds, removing refuse and animal feces, and
securing the building. The Ciry has had to boazd the building. The registra6on fees are due on
both properties and citations have been issued for this reason. Ta�ces aze due on both properties.
Personnel have not been inside 447 and 444 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 $50,000 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 7oseph Mullery who says there is a
temporary restraining order. Chuck Votel responded there is no restraining order. Mr. Strathman
asked has there been any communica6on with Mr. Mullery other than this letter. Mr. Votel
responded Mr. Mullery has talked to the Mayor's office and others in City government. 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 rehabbed. He has tried to reach Joseph 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 Suafelda asked what he would need to do.
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Geay 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 Street #206, Arthur and Dorothy Johnson, 1136 East Magnolia
Avenue, appeazed. Ms. Mercurio is the conuact for deed holder. Arthur Johnson has power of
attomey for his mother Gladys Johnson, who owns the property.
Chuck Votel reported the proper[y has been vacant since May 1997. Six summary abatement
notices have been issued for refuse and broken glass, securing the building and shed, cutting tall
grass and weeds, and removing gr�ti. The building has been boazded six times. 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 7ohnsons 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
clearly footprints in the snow from the next door home. There aze 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 aze 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 year 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 pernut, 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 Sherbume Avenue
Guy Willits reported this was for scattered gazbage, gazbage bags, and refuse.
��,��i
MINiJTES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 6
A video was shown.
The owner was satisfed that the City did the work.
Gerry Strathman recommends denying the appeal.
741 Marvland Avenue
Guy Willits reported the summary abatement notice was sent January 29, 1998 and posted. A
waming letter was sent January 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, appeared and stated he has six kids, works two jobs, and at night. He
tries to do the best he can. He thought his shoveling was enough. Gerry Strathman asked did he
get the notices that were sent out. Mr. Burks responded yes. Mr. Strathman stated sidewalks
have to be clear full width. Chuck Votel added there is a bus stop there. Mr. Strathman stated
busy streets get complaints when people aze 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.
663 York Avenue (Laid over from the 4-22-98 City Council meeting)
No one appeazed.
A video was shown.
Chuck Willits reported the gazage was dilapidated, leaning, harzardous, and open to access.
Gerry Strathman recommends denying the appeal.
��.�� I
MINUTES FROM 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.