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98-416�S O�; ;��L Council File # Green Sheet # �$- l6 �� Presented By Referred To Committee: Date WHEREAS, Department of Fire and Safety Services, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisabiliry and necessity of ordering the repair or wrecking and removal of a two-story, wood frame structure with a detached, two-stall, wood fratne garage located on property hereinafter referred to as the "Subject Property" and commonly known as 447 Banfil Street. This property is legally described as follows, to wit: The Westerly 22 feet and 5 inches of Lot 27, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St. Paul, Minnesota Territory WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by Divisian of Code Enforcement on or before January 14, 1998, the following are the now known interested or responsible parties for the Subject Property: Joseph J. Mullery, Estate of Ferdinand Gaul, 4101 Vincent Avenue North, Mpls., MN 55412; Resident, 443 B�1 Street, St. Paul, MN 55102 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" daied March 2, 1998; and WHEREAS, this order informed the then I�own interested ar responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this arder informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by April 1, 1998; and WHEREA5, the enforcement officer has posted a placazd on the Subject Properry declazing this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and °t8 -'� ic� WHEREAS, a hearing was held before the I.egislative Hearing O�cer of the Saint Paul City Council on Tuesday, May S, 1998 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detr�imental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this strucriue in accordance with all applicable codes and ordinauces, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitarion or demolirion of the structure to be completed within fifteen (15) days after the date of the Council Aeating; and WI�EREAS, a hearing was held before the Saint Paul City Council on Wednesday, May 13, 1998 and the testimony and evidence including the action taken by the I.egislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Properry at 447 B�1 Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject ProperGy. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Division of Code Enfarcement has posted a glacazd on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That tlus building has been routinely monitored by the Department of Fire and Safety Services, Division of Code Enfarcement, VacantlNuisance Buildings. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requixements of Chapter 45 have been fulfilied. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the strucriue in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. OR;.��,��,L � 2 3 4 5 6 7 8 9 10 11 12 13 14 °l$ •�t 1c. 2. If the above corrective acuon 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 chazge the costs incurred against the Subject Property pursuantto the provisions of Chapter 45 of the Saint Pau1 Legislative Code. 3. In the event the building is to be demolished and removed by the Ciry of Saint Paul, all personal property or f�tures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by ffie end of this time period. If all personal propeny is not removed, it shall be considered to be abandoned and the City 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 I.egislative Code. 1H Adopted by Council: Date Adoption Certified by Council � Appx By: Requested by Department of: Fire• de En forcement Division gy: " � Form Approved by City Attorney BY: y�u��ea1. ��,� Division of Code Enforcement May 13, 1998 292-7718 �i TOTAI # OF SIGNATURE PAGES 04/03/98 I GREEN SHEET � �u_-:,�.-n�r � q� -tit�. No 6159b �� o�� ,��s o�� ❑ A,.MC,uiERMCEtOR ❑ qWltl..fFM6,1CC.a � WIORIORAfiS�.IM)� ❑ (CLfP ALL LOCATIONS FOR SIGNATURE) City Council to pass ttris resolurion 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 properry is located at 447 Banfil Street. PLANNING CAMMISSION CIB CAMMITTEE CNIL SERVICE COMMIS: Hes ihis P��m ever worked untler a conVaU torNis dePartment't YES NO Hasthia c�� aer haen a ciFi �cbvee? YES NO Dces this PersoNTrm W� a sldl� mt rwrmalryP�d by any curreM ciF/ emWoYeeT YES NO Is Nis �ersaUfirm a tareHetl ventloY7 YES NO This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 447 Banfil Street by April 1, 1998, and have failed to comDlv with those arders. R�JEIVEH� �' �° �'� � � �' ��at��Esi �ss �� APR —9 i99� � �� The City will eliminate a nuisance. ��g$ �AAYpR'S QFFFG� ]ISADVANTAGES IF APPR�YEO The City will spend funds to wreck and remove this building(s). These costs will ss e property, collected as a special assessment against the properry taxes. )ISADVA1JTAGES IF NOT OVED , A nuisance con 'c�t�'on will remain unabated in the City. This building(s) will continue to blight the community. �pO�VVV � .D7�VVV AOUNi OF TRANSACTION S Nuisance Housing Abatement SOURCE FlNMlCW, INPoRMP.TION (EXPLAIN) COS7/REVENUE BUD6EfED (CIRCLE ON� � NO � �26Y______..,_.�-.� ACTIVITYNUMBER C�s�:�3! Research Center° � � � , I �i:4'1' DEPAR7'MEN'I OF FIRE rVW SAFEI'Y SERVICES Timo[hy K Fu(ler, Fire Chief DIVISION OF PROPERTY CODE ENFORCEMENf q� �{�`(� Charles Yote� Program Director � C�Y �F` .S�r PA�. Nu'uance Building Code Fi+forcement Norm Coleman. Mayor SSS Cedar Streer Tel: 6L2-298-4153 Saint Paul, MN SSI01-2160 Fcx. 612-228-3170 i ' Apri13, 1998 NOTICE OF PUBLIC HEARINGS Councii President and Members of the Ciry Councii Department of Fire and Safety Services, VacantlNuisance Buildings Enfotcement Division has requested the Ciry Council schedule public hearinas to consider a resolution ordering the repair or removal of the.nuisance building(s) located at: 447 Banfil Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, May 5, 1998 City Councii Hearing - Wednesday, Map 13, 1998 The owners and responsible parties of record are: Name and Last Known Address 7oseph 7. Mullery Fstate of Ferdinand Gaul 4101 Vincent Avenue North Mpls. , MN 55412 Interest Owner's Representative Resident 443 Banf'�l Street St. Paul, MN 55102 Neighbor/Interested Party �``✓�ut?Ci': `�°��'c�''�i ��:�a�- ' � � The legal description of this groperty is: The Westerly 22 feet and 5 inches of Lot 27, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St,._ .. ,_ __. Paul, Minnesota Tenitory �.g 447 B�1 Street April 3, 1998 Page 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by I.egislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and zemodvng this building(s). Inasmuch as this Order to Abate has not been complied wiffi 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 ffie City 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 Enforcer_ient 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, O r � Ren ta Weiss Vacant BuiIdinJs Supervisor Division of Code Enforcement Deparkment oi Fire and Safety Servic2s Ga+.��l cc: Frank Berg, Building Tnspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan PahI, PED-Housing Division � •: _\� r � ` � MINiJTES OF THE LEGISLATIVE HEARING OF 5-5-98 Page 2 (6� Resolution ordering the owner to remove or repair the building located at 447 B�I Street. If the owner fails to comply with the resolution, Public Heaith is ordered to remove the building. The L.egislative Hearing Officer recommends approval of the 15 day order to remove or repair. 7. Resolution ordering the owner to remove or repair the building located at 449 Banfil Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislarive Hearing Officer recommends approval of the 15 day order to remove or repair. Resolution ordering the owner to remove or repair the building located at 1005 Jessie Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The i.egislative Hearing Officer recommends amending the order to October 16, 1998 to remove or repair the building. 9. Assessment appeals for the following: File 79801A - Summary abatements (property clean-up) for part of 7anuary and February 1998. File 79801B - Boazdings-up for November and December 1997. File J9801AI - Summuy abatement (snow andlor ice removal, sanding walks) for part of December 1997 through February 1998. 1130 Bush Avenue The Legislative Fiearing O�cer recommends reducing the assessment to $400 plus a$40 service fee for a total of $440. 553 Edmund Avenue The Legislative Hearing �fficer recommends reducing the chatge to $100 pius $90 for disposal of the trash plus a$40 service fee for a total of $230. 474 Sherburne Avenue The Legislative Hearing Officer recommends denying the appeal. �� MINLTTES OF Tf� LEGISLATIVE HEARING `� —�,� May 5, 1998 Room 330, City Hall Crerry Strathman, Legisiarive Hearing Officer STAFF PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy Willits, Property Code Enforcement Note: All addresses aze laid over to the May 13 City Council meeting. Gerry Strathman called the meeting to order at 10:01 a.m. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeazed and stated he had his gazage 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. Casiand went to court, paid a reduced fine, and thought it was all over. Gerry Strathman asked about the tires. Tony Casland responded he got chazged for 18 tires. The neighbor said some of the garbage was theirs. Old tenants threw trash behind the garage. Mr. Casland spent $500 to haul away trash, some of which was not in the film. The shed was tom down because it was becoming such a problem for the neighborhood with people throwing their trash behind it. Ron Tessmer appeazed and stated he spent Saturday and Sunday dismantling the garage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What was left was a$50 pickup load. Mr. Tessmer was chazging $200 for the whole thing. He is surprised the City chazged $900 after 18 hours of work had been put into it. Mr. Tessmer stated there were 11 tires, not 18. Mr. Tessmer gave a statement to Gerry Strathman from a neighbor. The statement was later returned. Guy Willits reported this started in October 1997. The neighbors were complaining. The inspector made attempts to reach the owner. The gazage was partially collapsed. Gerry Strathman stated it looked like the gazage was down in the video. Gerry Strathman looked at the bill. From the video and from what he heazd, Mr. Strathman felt the chazge was excessive. However, the owner was clearly notified and had an opportunity to remove the problem. a�-� i� MINIITBS FROM TF� I.EGISLATIVE 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 plus the $40 service fee. 553 Edmund Avenue A video was shown. 7ames Morgan and Jeannie Miller, owners, appeazed. Mr. Morgan stated a City worker told him that the work was $100 an hour and said he worked less than an hour. Mr. Morgan wondered why his bill was $310. Gerry Strathman looked at the bill which showed an hour was $ I80 and five yazds of trash was $90. Mr. Strathman asked how the hour was chazged. 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 $1'70 an hour plus expenses. James Morgan stated he did not get a ROY1C8. 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 standazd. Gerry Strathman stated there is a standard; things cannot be stored outdoors. Ms. Miller asked was she suppose to remove items immediately each time. Mr. Strathman responded technically yes, but if no one complains then an owner can take a while longer. These orders were issued on December 16 and the work was not done until January 22, which is about five weeks. Gerry Strathman recommends the chazge be reduced to $100 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 foliowing has been done since February 3: the bond has been posted, a Code Compliance Inspection has been done, a building permit has been issued. This permit expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Straihman recommends the order be amended to September 28, 1998. 328 Lexinaton Parkwav North (I.aid over from 4-7-98) Chuck Votel reported the owner is appealing the demolition of the building. The total cost of the demolition was $23,307.06. There were public hearings held about the property. The City �0 - t'�a I�u.uy�ya;ti7��r:��re��yw�►v:�:i�►�;��. e i7��: - 7 Council ordered repa'v or remove. When the owner failed to repair the building, the Ciry removed it. Mohaznmed Shahidullah, owner, stated Gerry Strathman previously gave him six months to repair the property if he met certain conditions. The Council did not agree with the recommendation and ordered it to be removed or repaired in fifteen days. He did not appeaz at the City Council hearing and asked what was the process of notifying the owner that the recommendarion was not accepted by the Council. Chuck Votel answeren 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 tear 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 notified 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 attomey. 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. There aze no exuaordinary 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 appeared representing the property. Chuck Votel reported this was wndemned in June 1997 and has been vacant since August 1997. The owner has not discussed his intentions with Mr. Votel's office. Attached to the paperwork on this property is a letter from NovaStaz Mortgage Company indicaung they intend to take the properiy over through foreclosure and will get back to Mr. VotePs o�ce 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. NovaStaz was notified of this hearing, but aze not here. The City has issued four summary abatement notices. The building has been secured by ��-�t l � MINiJTES FROM TI� LEGISLATIVE HEARING OF 5-5-98 Page 4 the City. The real estate ta�ces for 1997 and the vacant building fees aze unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following people spoke in support of the resolution to remove or repair the building: David Ketz, 1780 Stanford Avenue, representing Holy Trinity Orthodox Chuck at 956 Forest Sueet; Dan Starr, representing Holy Triniry Orthodox Chuck at 956 Forest Street; Ruth Murphy, 442 Summit #7, Community Design Center; Mary Moore, 960 Duchess; Richazd Beldorf, 953 Forest Street. Geiry Strathman 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 Banfil Street and 449 Banfil Street Chuck Votel reported these two properties adjoin each other and the situauon for both is very similaz. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has not been occupied since January 1997. The properiy is owned by the estate of Ferdinand Gaul with Joseph Mullery acting as persoaal represencative. Mr. Ma12ery says he intends to se11 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 ta11 grass and weeds, removing refuse and animal feces, and securing the building. The City has had to board the building. The registration fees aze due on both properties and citations have been issued for this reason. Taaces aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $50,000 for 444 Banfit. The cost to demolish is $9,300 for 447 Banfil and $7,319 for 449 Banfil. People from the neighbarhood have complained about the properiy. 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 resuaining order. Mr. Strathman asked has there been any communication with Mr. Mullery other than this letter. Mr. Votel responded Mr. Mullery has talked to the Mayor's office and others in City govemment. The Mayor's office has requested Mr. Votel's office meet Mr. Mullery and go through the properties, but it is up to Mr. Mullery to get in touch with Mr. Votel's office. Mike Strafelda, 740 7ames 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 Strafelda asked what he would need to do. ��-y1f� MINUTES FROM THE I.EGISLATIVE HEARING OF 5-5-98 Page 5 Gerry Strathman responded a minimum that is needed is a purchase agreement to stop the process. Gerry Strathman recommends approvai of the I S day order to remove or repair. 1005 Jessie Street Susan Mercurio, 1032 Duluth Street #206, Arthur and Dorothy Johnson, 1136 East Magnolia Avenue, appeared. Ms. Mercurio is the contract for deed holder. Arthur Johnson has power of attomey for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May i997. Six summary abatement notices have been issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing grafCti. The building has been boarded 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 Johnsons have cleaned up the yard several times and went back to the next day and it Iooked just as bad again. The people next door keep throwing their garbage over. Susan Mercurio stated she called the police at one point because it was snowing and there were cleazly footprints in the snow from the next door home. There aze constant police calls to 1001 Jessie. There aze two teenage boys living there and the mother had admitted to the police that she cannot conttol 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 yeaz old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has siowed 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 buiiding done in six months. Chuck Votel stated the vacant building fee is paid. Gery Strathman recommends amending the order to October 16, 1998 to remove or repair the building. 474 Sherburne Avenue Guy Willits reported this was for scattered gazbage, garbage bags, and refuse. ��-y I� MINLTTES FROM THE LEGISLATIVE HEAI2ING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Marvland Avenue Guy Willits reported the summary abatement notice was sent 7anuary 29, 1998 and posted. A warning letter was sent Januazy 27, 2998 to remove snow and ice from public sidewatk. The properiy was rechecked January 29 and February 4. The work was done February 9. A video was shown. Maurice Burks, owner, appeazed and stated he has six kids, 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 cleaz fuli width. Chuck Votel added there is a bus stop there. Mr. Strathman stated busy sueets get compiaints when people aze going to the bus stop. Gerry Suathman recommends reducing the assessment to $137.50. The City crew was in the neighborhood for two addresses so it probably cost iess to do this address. 9 Acker Streef West (Laid over from 2-3-98) Chuck VoteI reported the building has been rehabbed by the owner. Gerry Strathman recommends withdrawing the resoIution. 663 York Avenue (Laid over from the 4-22-98 City Council meeung) No one appeazed. A video was shown. Chuck Willits reported the garage was dilapidated, leaning, haizazdous, and open to access. Gerry Suathman recommends denying the appeal. ��'yf� MINLTTES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 7 673 Central Avenue West No one appeared. Gerry Strathman denied the appeal. The meeting was adjoumed at 11:43 a.m. �S O�; ;��L Council File # Green Sheet # �$- l6 �� Presented By Referred To Committee: Date WHEREAS, Department of Fire and Safety Services, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisabiliry and necessity of ordering the repair or wrecking and removal of a two-story, wood frame structure with a detached, two-stall, wood fratne garage located on property hereinafter referred to as the "Subject Property" and commonly known as 447 Banfil Street. This property is legally described as follows, to wit: The Westerly 22 feet and 5 inches of Lot 27, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St. Paul, Minnesota Territory WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by Divisian of Code Enforcement on or before January 14, 1998, the following are the now known interested or responsible parties for the Subject Property: Joseph J. Mullery, Estate of Ferdinand Gaul, 4101 Vincent Avenue North, Mpls., MN 55412; Resident, 443 B�1 Street, St. Paul, MN 55102 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" daied March 2, 1998; and WHEREAS, this order informed the then I�own interested ar responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this arder informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by April 1, 1998; and WHEREA5, the enforcement officer has posted a placazd on the Subject Properry declazing this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and °t8 -'� ic� WHEREAS, a hearing was held before the I.egislative Hearing O�cer of the Saint Paul City Council on Tuesday, May S, 1998 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detr�imental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this strucriue in accordance with all applicable codes and ordinauces, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitarion or demolirion of the structure to be completed within fifteen (15) days after the date of the Council Aeating; and WI�EREAS, a hearing was held before the Saint Paul City Council on Wednesday, May 13, 1998 and the testimony and evidence including the action taken by the I.egislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Properry at 447 B�1 Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject ProperGy. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Division of Code Enfarcement has posted a glacazd on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That tlus building has been routinely monitored by the Department of Fire and Safety Services, Division of Code Enfarcement, VacantlNuisance Buildings. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requixements of Chapter 45 have been fulfilied. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the strucriue in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. OR;.��,��,L � 2 3 4 5 6 7 8 9 10 11 12 13 14 °l$ •�t 1c. 2. If the above corrective acuon 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 chazge the costs incurred against the Subject Property pursuantto the provisions of Chapter 45 of the Saint Pau1 Legislative Code. 3. In the event the building is to be demolished and removed by the Ciry of Saint Paul, all personal property or f�tures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by ffie end of this time period. If all personal propeny is not removed, it shall be considered to be abandoned and the City 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 I.egislative Code. 1H Adopted by Council: Date Adoption Certified by Council � Appx By: Requested by Department of: Fire• de En forcement Division gy: " � Form Approved by City Attorney BY: y�u��ea1. ��,� Division of Code Enforcement May 13, 1998 292-7718 �i TOTAI # OF SIGNATURE PAGES 04/03/98 I GREEN SHEET � �u_-:,�.-n�r � q� -tit�. No 6159b �� o�� ,��s o�� ❑ A,.MC,uiERMCEtOR ❑ qWltl..fFM6,1CC.a � WIORIORAfiS�.IM)� ❑ (CLfP ALL LOCATIONS FOR SIGNATURE) City Council to pass ttris resolurion 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 properry is located at 447 Banfil Street. PLANNING CAMMISSION CIB CAMMITTEE CNIL SERVICE COMMIS: Hes ihis P��m ever worked untler a conVaU torNis dePartment't YES NO Hasthia c�� aer haen a ciFi �cbvee? YES NO Dces this PersoNTrm W� a sldl� mt rwrmalryP�d by any curreM ciF/ emWoYeeT YES NO Is Nis �ersaUfirm a tareHetl ventloY7 YES NO This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 447 Banfil Street by April 1, 1998, and have failed to comDlv with those arders. R�JEIVEH� �' �° �'� � � �' ��at��Esi �ss �� APR —9 i99� � �� The City will eliminate a nuisance. ��g$ �AAYpR'S QFFFG� ]ISADVANTAGES IF APPR�YEO The City will spend funds to wreck and remove this building(s). These costs will ss e property, collected as a special assessment against the properry taxes. )ISADVA1JTAGES IF NOT OVED , A nuisance con 'c�t�'on will remain unabated in the City. This building(s) will continue to blight the community. �pO�VVV � .D7�VVV AOUNi OF TRANSACTION S Nuisance Housing Abatement SOURCE FlNMlCW, INPoRMP.TION (EXPLAIN) COS7/REVENUE BUD6EfED (CIRCLE ON� � NO � �26Y______..,_.�-.� ACTIVITYNUMBER C�s�:�3! Research Center° � � � , I �i:4'1' DEPAR7'MEN'I OF FIRE rVW SAFEI'Y SERVICES Timo[hy K Fu(ler, Fire Chief DIVISION OF PROPERTY CODE ENFORCEMENf q� �{�`(� Charles Yote� Program Director � C�Y �F` .S�r PA�. Nu'uance Building Code Fi+forcement Norm Coleman. Mayor SSS Cedar Streer Tel: 6L2-298-4153 Saint Paul, MN SSI01-2160 Fcx. 612-228-3170 i ' Apri13, 1998 NOTICE OF PUBLIC HEARINGS Councii President and Members of the Ciry Councii Department of Fire and Safety Services, VacantlNuisance Buildings Enfotcement Division has requested the Ciry Council schedule public hearinas to consider a resolution ordering the repair or removal of the.nuisance building(s) located at: 447 Banfil Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, May 5, 1998 City Councii Hearing - Wednesday, Map 13, 1998 The owners and responsible parties of record are: Name and Last Known Address 7oseph 7. Mullery Fstate of Ferdinand Gaul 4101 Vincent Avenue North Mpls. , MN 55412 Interest Owner's Representative Resident 443 Banf'�l Street St. Paul, MN 55102 Neighbor/Interested Party �``✓�ut?Ci': `�°��'c�''�i ��:�a�- ' � � The legal description of this groperty is: The Westerly 22 feet and 5 inches of Lot 27, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St,._ .. ,_ __. Paul, Minnesota Tenitory �.g 447 B�1 Street April 3, 1998 Page 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by I.egislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and zemodvng this building(s). Inasmuch as this Order to Abate has not been complied wiffi 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 ffie City 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 Enforcer_ient 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, O r � Ren ta Weiss Vacant BuiIdinJs Supervisor Division of Code Enforcement Deparkment oi Fire and Safety Servic2s Ga+.��l cc: Frank Berg, Building Tnspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan PahI, PED-Housing Division � •: _\� r � ` � MINiJTES OF THE LEGISLATIVE HEARING OF 5-5-98 Page 2 (6� Resolution ordering the owner to remove or repair the building located at 447 B�I Street. If the owner fails to comply with the resolution, Public Heaith is ordered to remove the building. The L.egislative Hearing Officer recommends approval of the 15 day order to remove or repair. 7. Resolution ordering the owner to remove or repair the building located at 449 Banfil Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislarive Hearing Officer recommends approval of the 15 day order to remove or repair. Resolution ordering the owner to remove or repair the building located at 1005 Jessie Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The i.egislative Hearing Officer recommends amending the order to October 16, 1998 to remove or repair the building. 9. Assessment appeals for the following: File 79801A - Summary abatements (property clean-up) for part of 7anuary and February 1998. File 79801B - Boazdings-up for November and December 1997. File J9801AI - Summuy abatement (snow andlor ice removal, sanding walks) for part of December 1997 through February 1998. 1130 Bush Avenue The Legislative Fiearing O�cer recommends reducing the assessment to $400 plus a$40 service fee for a total of $440. 553 Edmund Avenue The Legislative Hearing �fficer recommends reducing the chatge to $100 pius $90 for disposal of the trash plus a$40 service fee for a total of $230. 474 Sherburne Avenue The Legislative Hearing Officer recommends denying the appeal. �� MINLTTES OF Tf� LEGISLATIVE HEARING `� —�,� May 5, 1998 Room 330, City Hall Crerry Strathman, Legisiarive Hearing Officer STAFF PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy Willits, Property Code Enforcement Note: All addresses aze laid over to the May 13 City Council meeting. Gerry Strathman called the meeting to order at 10:01 a.m. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeazed and stated he had his gazage 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. Casiand went to court, paid a reduced fine, and thought it was all over. Gerry Strathman asked about the tires. Tony Casland responded he got chazged for 18 tires. The neighbor said some of the garbage was theirs. Old tenants threw trash behind the garage. Mr. Casland spent $500 to haul away trash, some of which was not in the film. The shed was tom down because it was becoming such a problem for the neighborhood with people throwing their trash behind it. Ron Tessmer appeazed and stated he spent Saturday and Sunday dismantling the garage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What was left was a$50 pickup load. Mr. Tessmer was chazging $200 for the whole thing. He is surprised the City chazged $900 after 18 hours of work had been put into it. Mr. Tessmer stated there were 11 tires, not 18. Mr. Tessmer gave a statement to Gerry Strathman from a neighbor. The statement was later returned. Guy Willits reported this started in October 1997. The neighbors were complaining. The inspector made attempts to reach the owner. The gazage was partially collapsed. Gerry Strathman stated it looked like the gazage was down in the video. Gerry Strathman looked at the bill. From the video and from what he heazd, Mr. Strathman felt the chazge was excessive. However, the owner was clearly notified and had an opportunity to remove the problem. a�-� i� MINIITBS FROM TF� I.EGISLATIVE 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 plus the $40 service fee. 553 Edmund Avenue A video was shown. 7ames Morgan and Jeannie Miller, owners, appeazed. Mr. Morgan stated a City worker told him that the work was $100 an hour and said he worked less than an hour. Mr. Morgan wondered why his bill was $310. Gerry Strathman looked at the bill which showed an hour was $ I80 and five yazds of trash was $90. Mr. Strathman asked how the hour was chazged. 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 $1'70 an hour plus expenses. James Morgan stated he did not get a ROY1C8. 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 standazd. Gerry Strathman stated there is a standard; things cannot be stored outdoors. Ms. Miller asked was she suppose to remove items immediately each time. Mr. Strathman responded technically yes, but if no one complains then an owner can take a while longer. These orders were issued on December 16 and the work was not done until January 22, which is about five weeks. Gerry Strathman recommends the chazge be reduced to $100 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 foliowing has been done since February 3: the bond has been posted, a Code Compliance Inspection has been done, a building permit has been issued. This permit expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Straihman recommends the order be amended to September 28, 1998. 328 Lexinaton Parkwav North (I.aid over from 4-7-98) Chuck Votel reported the owner is appealing the demolition of the building. The total cost of the demolition was $23,307.06. There were public hearings held about the property. The City �0 - t'�a I�u.uy�ya;ti7��r:��re��yw�►v:�:i�►�;��. e i7��: - 7 Council ordered repa'v or remove. When the owner failed to repair the building, the Ciry removed it. Mohaznmed Shahidullah, owner, stated Gerry Strathman previously gave him six months to repair the property if he met certain conditions. The Council did not agree with the recommendation and ordered it to be removed or repaired in fifteen days. He did not appeaz at the City Council hearing and asked what was the process of notifying the owner that the recommendarion was not accepted by the Council. Chuck Votel answeren 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 tear 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 notified 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 attomey. 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. There aze no exuaordinary 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 appeared representing the property. Chuck Votel reported this was wndemned in June 1997 and has been vacant since August 1997. The owner has not discussed his intentions with Mr. Votel's office. Attached to the paperwork on this property is a letter from NovaStaz Mortgage Company indicaung they intend to take the properiy over through foreclosure and will get back to Mr. VotePs o�ce 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. NovaStaz was notified of this hearing, but aze not here. The City has issued four summary abatement notices. The building has been secured by ��-�t l � MINiJTES FROM TI� LEGISLATIVE HEARING OF 5-5-98 Page 4 the City. The real estate ta�ces for 1997 and the vacant building fees aze unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following people spoke in support of the resolution to remove or repair the building: David Ketz, 1780 Stanford Avenue, representing Holy Trinity Orthodox Chuck at 956 Forest Sueet; Dan Starr, representing Holy Triniry Orthodox Chuck at 956 Forest Street; Ruth Murphy, 442 Summit #7, Community Design Center; Mary Moore, 960 Duchess; Richazd Beldorf, 953 Forest Street. Geiry Strathman 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 Banfil Street and 449 Banfil Street Chuck Votel reported these two properties adjoin each other and the situauon for both is very similaz. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has not been occupied since January 1997. The properiy is owned by the estate of Ferdinand Gaul with Joseph Mullery acting as persoaal represencative. Mr. Ma12ery says he intends to se11 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 ta11 grass and weeds, removing refuse and animal feces, and securing the building. The City has had to board the building. The registration fees aze due on both properties and citations have been issued for this reason. Taaces aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $50,000 for 444 Banfit. The cost to demolish is $9,300 for 447 Banfil and $7,319 for 449 Banfil. People from the neighbarhood have complained about the properiy. 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 resuaining order. Mr. Strathman asked has there been any communication with Mr. Mullery other than this letter. Mr. Votel responded Mr. Mullery has talked to the Mayor's office and others in City govemment. The Mayor's office has requested Mr. Votel's office meet Mr. Mullery and go through the properties, but it is up to Mr. Mullery to get in touch with Mr. Votel's office. Mike Strafelda, 740 7ames 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 Strafelda asked what he would need to do. ��-y1f� MINUTES FROM THE I.EGISLATIVE HEARING OF 5-5-98 Page 5 Gerry Strathman responded a minimum that is needed is a purchase agreement to stop the process. Gerry Strathman recommends approvai of the I S day order to remove or repair. 1005 Jessie Street Susan Mercurio, 1032 Duluth Street #206, Arthur and Dorothy Johnson, 1136 East Magnolia Avenue, appeared. Ms. Mercurio is the contract for deed holder. Arthur Johnson has power of attomey for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May i997. Six summary abatement notices have been issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing grafCti. The building has been boarded 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 Johnsons have cleaned up the yard several times and went back to the next day and it Iooked just as bad again. The people next door keep throwing their garbage over. Susan Mercurio stated she called the police at one point because it was snowing and there were cleazly footprints in the snow from the next door home. There aze constant police calls to 1001 Jessie. There aze two teenage boys living there and the mother had admitted to the police that she cannot conttol 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 yeaz old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has siowed 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 buiiding done in six months. Chuck Votel stated the vacant building fee is paid. Gery Strathman recommends amending the order to October 16, 1998 to remove or repair the building. 474 Sherburne Avenue Guy Willits reported this was for scattered gazbage, garbage bags, and refuse. ��-y I� MINLTTES FROM THE LEGISLATIVE HEAI2ING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Marvland Avenue Guy Willits reported the summary abatement notice was sent 7anuary 29, 1998 and posted. A warning letter was sent Januazy 27, 2998 to remove snow and ice from public sidewatk. The properiy was rechecked January 29 and February 4. The work was done February 9. A video was shown. Maurice Burks, owner, appeazed and stated he has six kids, 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 cleaz fuli width. Chuck Votel added there is a bus stop there. Mr. Strathman stated busy sueets get compiaints when people aze going to the bus stop. Gerry Suathman recommends reducing the assessment to $137.50. The City crew was in the neighborhood for two addresses so it probably cost iess to do this address. 9 Acker Streef West (Laid over from 2-3-98) Chuck VoteI reported the building has been rehabbed by the owner. Gerry Strathman recommends withdrawing the resoIution. 663 York Avenue (Laid over from the 4-22-98 City Council meeung) No one appeazed. A video was shown. Chuck Willits reported the garage was dilapidated, leaning, haizazdous, and open to access. Gerry Suathman recommends denying the appeal. ��'yf� MINLTTES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 7 673 Central Avenue West No one appeared. Gerry Strathman denied the appeal. The meeting was adjoumed at 11:43 a.m. �S O�; ;��L Council File # Green Sheet # �$- l6 �� Presented By Referred To Committee: Date WHEREAS, Department of Fire and Safety Services, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisabiliry and necessity of ordering the repair or wrecking and removal of a two-story, wood frame structure with a detached, two-stall, wood fratne garage located on property hereinafter referred to as the "Subject Property" and commonly known as 447 Banfil Street. This property is legally described as follows, to wit: The Westerly 22 feet and 5 inches of Lot 27, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St. Paul, Minnesota Territory WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and information obtained by Divisian of Code Enforcement on or before January 14, 1998, the following are the now known interested or responsible parties for the Subject Property: Joseph J. Mullery, Estate of Ferdinand Gaul, 4101 Vincent Avenue North, Mpls., MN 55412; Resident, 443 B�1 Street, St. Paul, MN 55102 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code an order identified as an "Order to Abate Nuisance Building(s)" daied March 2, 1998; and WHEREAS, this order informed the then I�own interested ar responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this arder informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by April 1, 1998; and WHEREA5, the enforcement officer has posted a placazd on the Subject Properry declazing this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and °t8 -'� ic� WHEREAS, a hearing was held before the I.egislative Hearing O�cer of the Saint Paul City Council on Tuesday, May S, 1998 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detr�imental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this strucriue in accordance with all applicable codes and ordinauces, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitarion or demolirion of the structure to be completed within fifteen (15) days after the date of the Council Aeating; and WI�EREAS, a hearing was held before the Saint Paul City Council on Wednesday, May 13, 1998 and the testimony and evidence including the action taken by the I.egislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Properry at 447 B�1 Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject ProperGy. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Division of Code Enfarcement has posted a glacazd on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That tlus building has been routinely monitored by the Department of Fire and Safety Services, Division of Code Enfarcement, VacantlNuisance Buildings. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requixements of Chapter 45 have been fulfilied. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the strucriue in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. OR;.��,��,L � 2 3 4 5 6 7 8 9 10 11 12 13 14 °l$ •�t 1c. 2. If the above corrective acuon 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 chazge the costs incurred against the Subject Property pursuantto the provisions of Chapter 45 of the Saint Pau1 Legislative Code. 3. In the event the building is to be demolished and removed by the Ciry of Saint Paul, all personal property or f�tures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by ffie end of this time period. If all personal propeny is not removed, it shall be considered to be abandoned and the City 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 I.egislative Code. 1H Adopted by Council: Date Adoption Certified by Council � Appx By: Requested by Department of: Fire• de En forcement Division gy: " � Form Approved by City Attorney BY: y�u��ea1. ��,� Division of Code Enforcement May 13, 1998 292-7718 �i TOTAI # OF SIGNATURE PAGES 04/03/98 I GREEN SHEET � �u_-:,�.-n�r � q� -tit�. No 6159b �� o�� ,��s o�� ❑ A,.MC,uiERMCEtOR ❑ qWltl..fFM6,1CC.a � WIORIORAfiS�.IM)� ❑ (CLfP ALL LOCATIONS FOR SIGNATURE) City Council to pass ttris resolurion 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 properry is located at 447 Banfil Street. PLANNING CAMMISSION CIB CAMMITTEE CNIL SERVICE COMMIS: Hes ihis P��m ever worked untler a conVaU torNis dePartment't YES NO Hasthia c�� aer haen a ciFi �cbvee? YES NO Dces this PersoNTrm W� a sldl� mt rwrmalryP�d by any curreM ciF/ emWoYeeT YES NO Is Nis �ersaUfirm a tareHetl ventloY7 YES NO This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 447 Banfil Street by April 1, 1998, and have failed to comDlv with those arders. R�JEIVEH� �' �° �'� � � �' ��at��Esi �ss �� APR —9 i99� � �� The City will eliminate a nuisance. ��g$ �AAYpR'S QFFFG� ]ISADVANTAGES IF APPR�YEO The City will spend funds to wreck and remove this building(s). These costs will ss e property, collected as a special assessment against the properry taxes. )ISADVA1JTAGES IF NOT OVED , A nuisance con 'c�t�'on will remain unabated in the City. This building(s) will continue to blight the community. �pO�VVV � .D7�VVV AOUNi OF TRANSACTION S Nuisance Housing Abatement SOURCE FlNMlCW, INPoRMP.TION (EXPLAIN) COS7/REVENUE BUD6EfED (CIRCLE ON� � NO � �26Y______..,_.�-.� ACTIVITYNUMBER C�s�:�3! Research Center° � � � , I �i:4'1' DEPAR7'MEN'I OF FIRE rVW SAFEI'Y SERVICES Timo[hy K Fu(ler, Fire Chief DIVISION OF PROPERTY CODE ENFORCEMENf q� �{�`(� Charles Yote� Program Director � C�Y �F` .S�r PA�. Nu'uance Building Code Fi+forcement Norm Coleman. Mayor SSS Cedar Streer Tel: 6L2-298-4153 Saint Paul, MN SSI01-2160 Fcx. 612-228-3170 i ' Apri13, 1998 NOTICE OF PUBLIC HEARINGS Councii President and Members of the Ciry Councii Department of Fire and Safety Services, VacantlNuisance Buildings Enfotcement Division has requested the Ciry Council schedule public hearinas to consider a resolution ordering the repair or removal of the.nuisance building(s) located at: 447 Banfil Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, May 5, 1998 City Councii Hearing - Wednesday, Map 13, 1998 The owners and responsible parties of record are: Name and Last Known Address 7oseph 7. Mullery Fstate of Ferdinand Gaul 4101 Vincent Avenue North Mpls. , MN 55412 Interest Owner's Representative Resident 443 Banf'�l Street St. Paul, MN 55102 Neighbor/Interested Party �``✓�ut?Ci': `�°��'c�''�i ��:�a�- ' � � The legal description of this groperty is: The Westerly 22 feet and 5 inches of Lot 27, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St,._ .. ,_ __. Paul, Minnesota Tenitory �.g 447 B�1 Street April 3, 1998 Page 2 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by I.egislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and zemodvng this building(s). Inasmuch as this Order to Abate has not been complied wiffi 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 ffie City 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 Enforcer_ient 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, O r � Ren ta Weiss Vacant BuiIdinJs Supervisor Division of Code Enforcement Deparkment oi Fire and Safety Servic2s Ga+.��l cc: Frank Berg, Building Tnspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan PahI, PED-Housing Division � •: _\� r � ` � MINiJTES OF THE LEGISLATIVE HEARING OF 5-5-98 Page 2 (6� Resolution ordering the owner to remove or repair the building located at 447 B�I Street. If the owner fails to comply with the resolution, Public Heaith is ordered to remove the building. The L.egislative Hearing Officer recommends approval of the 15 day order to remove or repair. 7. Resolution ordering the owner to remove or repair the building located at 449 Banfil Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislarive Hearing Officer recommends approval of the 15 day order to remove or repair. Resolution ordering the owner to remove or repair the building located at 1005 Jessie Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The i.egislative Hearing Officer recommends amending the order to October 16, 1998 to remove or repair the building. 9. Assessment appeals for the following: File 79801A - Summary abatements (property clean-up) for part of 7anuary and February 1998. File 79801B - Boazdings-up for November and December 1997. File J9801AI - Summuy abatement (snow andlor ice removal, sanding walks) for part of December 1997 through February 1998. 1130 Bush Avenue The Legislative Fiearing O�cer recommends reducing the assessment to $400 plus a$40 service fee for a total of $440. 553 Edmund Avenue The Legislative Hearing �fficer recommends reducing the chatge to $100 pius $90 for disposal of the trash plus a$40 service fee for a total of $230. 474 Sherburne Avenue The Legislative Hearing Officer recommends denying the appeal. �� MINLTTES OF Tf� LEGISLATIVE HEARING `� —�,� May 5, 1998 Room 330, City Hall Crerry Strathman, Legisiarive Hearing Officer STAFF PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy Willits, Property Code Enforcement Note: All addresses aze laid over to the May 13 City Council meeting. Gerry Strathman called the meeting to order at 10:01 a.m. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeazed and stated he had his gazage 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. Casiand went to court, paid a reduced fine, and thought it was all over. Gerry Strathman asked about the tires. Tony Casland responded he got chazged for 18 tires. The neighbor said some of the garbage was theirs. Old tenants threw trash behind the garage. Mr. Casland spent $500 to haul away trash, some of which was not in the film. The shed was tom down because it was becoming such a problem for the neighborhood with people throwing their trash behind it. Ron Tessmer appeazed and stated he spent Saturday and Sunday dismantling the garage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What was left was a$50 pickup load. Mr. Tessmer was chazging $200 for the whole thing. He is surprised the City chazged $900 after 18 hours of work had been put into it. Mr. Tessmer stated there were 11 tires, not 18. Mr. Tessmer gave a statement to Gerry Strathman from a neighbor. The statement was later returned. Guy Willits reported this started in October 1997. The neighbors were complaining. The inspector made attempts to reach the owner. The gazage was partially collapsed. Gerry Strathman stated it looked like the gazage was down in the video. Gerry Strathman looked at the bill. From the video and from what he heazd, Mr. Strathman felt the chazge was excessive. However, the owner was clearly notified and had an opportunity to remove the problem. a�-� i� MINIITBS FROM TF� I.EGISLATIVE 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 plus the $40 service fee. 553 Edmund Avenue A video was shown. 7ames Morgan and Jeannie Miller, owners, appeazed. Mr. Morgan stated a City worker told him that the work was $100 an hour and said he worked less than an hour. Mr. Morgan wondered why his bill was $310. Gerry Strathman looked at the bill which showed an hour was $ I80 and five yazds of trash was $90. Mr. Strathman asked how the hour was chazged. 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 $1'70 an hour plus expenses. James Morgan stated he did not get a ROY1C8. 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 standazd. Gerry Strathman stated there is a standard; things cannot be stored outdoors. Ms. Miller asked was she suppose to remove items immediately each time. Mr. Strathman responded technically yes, but if no one complains then an owner can take a while longer. These orders were issued on December 16 and the work was not done until January 22, which is about five weeks. Gerry Strathman recommends the chazge be reduced to $100 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 foliowing has been done since February 3: the bond has been posted, a Code Compliance Inspection has been done, a building permit has been issued. This permit expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Straihman recommends the order be amended to September 28, 1998. 328 Lexinaton Parkwav North (I.aid over from 4-7-98) Chuck Votel reported the owner is appealing the demolition of the building. The total cost of the demolition was $23,307.06. There were public hearings held about the property. The City �0 - t'�a I�u.uy�ya;ti7��r:��re��yw�►v:�:i�►�;��. e i7��: - 7 Council ordered repa'v or remove. When the owner failed to repair the building, the Ciry removed it. Mohaznmed Shahidullah, owner, stated Gerry Strathman previously gave him six months to repair the property if he met certain conditions. The Council did not agree with the recommendation and ordered it to be removed or repaired in fifteen days. He did not appeaz at the City Council hearing and asked what was the process of notifying the owner that the recommendarion was not accepted by the Council. Chuck Votel answeren 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 tear 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 notified 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 attomey. 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. There aze no exuaordinary 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 appeared representing the property. Chuck Votel reported this was wndemned in June 1997 and has been vacant since August 1997. The owner has not discussed his intentions with Mr. Votel's office. Attached to the paperwork on this property is a letter from NovaStaz Mortgage Company indicaung they intend to take the properiy over through foreclosure and will get back to Mr. VotePs o�ce 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. NovaStaz was notified of this hearing, but aze not here. The City has issued four summary abatement notices. The building has been secured by ��-�t l � MINiJTES FROM TI� LEGISLATIVE HEARING OF 5-5-98 Page 4 the City. The real estate ta�ces for 1997 and the vacant building fees aze unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following people spoke in support of the resolution to remove or repair the building: David Ketz, 1780 Stanford Avenue, representing Holy Trinity Orthodox Chuck at 956 Forest Sueet; Dan Starr, representing Holy Triniry Orthodox Chuck at 956 Forest Street; Ruth Murphy, 442 Summit #7, Community Design Center; Mary Moore, 960 Duchess; Richazd Beldorf, 953 Forest Street. Geiry Strathman 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 Banfil Street and 449 Banfil Street Chuck Votel reported these two properties adjoin each other and the situauon for both is very similaz. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has not been occupied since January 1997. The properiy is owned by the estate of Ferdinand Gaul with Joseph Mullery acting as persoaal represencative. Mr. Ma12ery says he intends to se11 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 ta11 grass and weeds, removing refuse and animal feces, and securing the building. The City has had to board the building. The registration fees aze due on both properties and citations have been issued for this reason. Taaces aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $50,000 for 444 Banfit. The cost to demolish is $9,300 for 447 Banfil and $7,319 for 449 Banfil. People from the neighbarhood have complained about the properiy. 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 resuaining order. Mr. Strathman asked has there been any communication with Mr. Mullery other than this letter. Mr. Votel responded Mr. Mullery has talked to the Mayor's office and others in City govemment. The Mayor's office has requested Mr. Votel's office meet Mr. Mullery and go through the properties, but it is up to Mr. Mullery to get in touch with Mr. Votel's office. Mike Strafelda, 740 7ames 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 Strafelda asked what he would need to do. ��-y1f� MINUTES FROM THE I.EGISLATIVE HEARING OF 5-5-98 Page 5 Gerry Strathman responded a minimum that is needed is a purchase agreement to stop the process. Gerry Strathman recommends approvai of the I S day order to remove or repair. 1005 Jessie Street Susan Mercurio, 1032 Duluth Street #206, Arthur and Dorothy Johnson, 1136 East Magnolia Avenue, appeared. Ms. Mercurio is the contract for deed holder. Arthur Johnson has power of attomey for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May i997. Six summary abatement notices have been issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing grafCti. The building has been boarded 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 Johnsons have cleaned up the yard several times and went back to the next day and it Iooked just as bad again. The people next door keep throwing their garbage over. Susan Mercurio stated she called the police at one point because it was snowing and there were cleazly footprints in the snow from the next door home. There aze constant police calls to 1001 Jessie. There aze two teenage boys living there and the mother had admitted to the police that she cannot conttol 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 yeaz old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has siowed 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 buiiding done in six months. Chuck Votel stated the vacant building fee is paid. Gery Strathman recommends amending the order to October 16, 1998 to remove or repair the building. 474 Sherburne Avenue Guy Willits reported this was for scattered gazbage, garbage bags, and refuse. ��-y I� MINLTTES FROM THE LEGISLATIVE HEAI2ING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Marvland Avenue Guy Willits reported the summary abatement notice was sent 7anuary 29, 1998 and posted. A warning letter was sent Januazy 27, 2998 to remove snow and ice from public sidewatk. The properiy was rechecked January 29 and February 4. The work was done February 9. A video was shown. Maurice Burks, owner, appeazed and stated he has six kids, 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 cleaz fuli width. Chuck Votel added there is a bus stop there. Mr. Strathman stated busy sueets get compiaints when people aze going to the bus stop. Gerry Suathman recommends reducing the assessment to $137.50. The City crew was in the neighborhood for two addresses so it probably cost iess to do this address. 9 Acker Streef West (Laid over from 2-3-98) Chuck VoteI reported the building has been rehabbed by the owner. Gerry Strathman recommends withdrawing the resoIution. 663 York Avenue (Laid over from the 4-22-98 City Council meeung) No one appeazed. A video was shown. Chuck Willits reported the garage was dilapidated, leaning, haizazdous, and open to access. Gerry Suathman recommends denying the appeal. ��'yf� MINLTTES FROM THE LEGISLATIVE 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.