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98-417ORIGINAL Presented By Referred To Council File # ����, l Green Sheet # ���� Committee: Date WHEREAS, Department of Rire and Safety Services, Division of Code Enfarcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one and one-half story, wood frame strucriue with a detached, two-stall, wood frame garage with attached shed located on property hereinafter referred to as the "Subject Property" and commonly known as 449 B�1 Street. This property is legally described as follows, to wit: Lot 26, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St. Paul, Minnesota Temtory WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before January 14, 1998, the following aze the now lrnown interested or responsible parties for the Subject Property: Joseph J. Mullery, Estate of Ferdinand Gaul, 4101 Vincent Avenue North, Mpls., MN 55412; Resident, 443 Banfil Street, St. Paul, MN 55102 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated March 2, 1998; and WHEREAS, this order informed the then I�own interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by April 1, 1998; and WHEREAS, the enforcement o�cer has posted a placard on the Subject Properry declaring this building(s) to constitute a iruisance 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 T.egislative Code, of the time, date, place and purpose of the public hearings; and �t8'- �it�, WHEREAS, a hearing was held before the Legislative Hearing Officer 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 detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating tlus siructure 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 rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, 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 Legislative Aearing Officer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testunony and evidence pzesented at the above referenced public hearings, the Saint Paul Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 449 Banfil Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislarive Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That tt�e 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 Safety Services, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this suucture and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ardinanoes, or in the alternauve by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolidon and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. OR(GINAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 By: °lg -y�� 2. If the above corrective action is not completed within this period of time the Fire and Safety Services, Division of Code Enforcementis hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such 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 L.egislative Code. Appr By: Requested by Department of: Fire Code Enforcement Division By: ��'r7v"°V Form Approved by City Attorney Adopted by Council: Date � '� `�"�SS Adoption Certified by Council S� etary � BY , ��cc.�e�! �'� Division of Code Enforcement May 13, 1998 292-7718 r� v�•� TOTAL # OF SIGNATURE 04/03/98 I GREEN SHEET ����� °�� -y�� No 61591 �� ��. � xuresewrt an�noxrtv � arrmac� RWiING �� ❑ F�1n11L1sLakleYlCFSOR FiI14l11'Jf1.tER11�4CCfC � WYOR(OR�KYI.WII � ❑ :S (CLJP ALL LOCATIONS FOR SIGNATURE� City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Department of Fire and Safety Services, Division of Code Enforcement is ordered to remove the building. The subject property is located at 449 Banfil Street. PIANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION Nss mis x'��irm e.e.vrork� u�der e coriasct rwmis aepartme�rt res rro Has thia Ve�'�rtn e�er been a cih' emPbYee7 YES NO ooes uus aersoNfiim possescs a slo�� not nama��va� M�r curteM citr emWoreel YES NO Is thia peisonlfirm a targNed verdoYt YES NO olain all ves answe�s on aeoa2te sheet atM attach in areHl sheet 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 444 Banfil Street by April 1, 1998, and have failed to comply with those or�.��p 1DVANTAGESIFAPPROVED � ' , � `p `��,' The City will eliminate a nuisance. APR — 9 1995 ���ro�� o���'E �'� �n �" G��,���'�' " � � . .. . will spend funds to wreck and remove this building(s). These costs will be assessed to the collected as a special assessment aeainst the nronertv taxes. - A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. fOTALAMOUNTOFTRANSACTIONS � � CASTIREVENl7EBUDCET@.[GIB¢L�ONE)__, I ►ES/ NO _ Nuisance Housing Abatement 3 23 61 LNDIN6 SOURCE ACTIVITY NUMBER iwwcva wFaxnunoN corowr+> Counc� R9S2afcl� (;ee�t�f � .. i CharkQ� ob P.ogram D'v ENFOR �� y �— DEPART�T OF flRE A.`�v ar.r�.• Timotiry K Fu(ler. Fire Chie,/ Nuismu¢ Bvildin8 Code ErtJorcement C�y OF SAII�1T PA� Tet: 611-298- 555 Cedar SveeS5101-2260 Fax: 612-22$ Norm Coleman, Nfc'Yor Saint Pau(. �'�' � �,prii 3, 1998 NOTICE OF PI3BLIC H�A�GS Council President and Members of the City Council Vacant/Nuisance Buildings Bnforcement Division Departrnent of Fire and Safety Services, as to consider a resolution orderin8 the has requested the City Council schedule public hearin repair or removal of the nuisance building(s) located at: 449 Banfil Street The City Council has scheduled the date of these heatings as follows: Legislative Hearing ' Tuesday, May 5, 1998 City Council Hearing - Wednesday, May 13, 1998 The owners and responsible parties of record are: I•Iame and Last Kn°Wn Address 7oseph J. Mullery Estate of Perdinand Gaul 4101 Vincent Avenue North Mpls., MN 55412 Resident 443 Banf'il Street St. Paul, MN 55102 I tn� ere_St Owner's Representative Neighbor(Interested Part}' �7r�1(��!t tace��r�h �.Ef`tE( al descri tion of this propercy is: ,�a� ��'�� The leg F - Lot 26, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St. Paul, Minnesota Territory 449 BanFil Street April 3, 1998 Page 2 °li� -y �� Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Division of Code Enforcement has issued an order to the then Irnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the communiry continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the 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 Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessmen± to be collected in the same manner as taxes. � �h � � '`�,� Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Sexvices RW:mI cc: Frank Berg, Building Inspection and Design Rachei Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Councii Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 1 ': �l�-`1��. MINUTES OF THE LEGISLATIVE HEARING OF 5-5-98 Page 2 6. Resolution ordering the owner to remove or repair the building located at 447 Banfil Street. ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends approvat of the 15 day order to remove or repair. �1 � Resolution ordering the owner to remove or repair the building located at 449 B�I Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislative Hearing Officer recommends approval of the 15 day order to remove or repair. 8. Resolution ordering the owner to remove or repair the building located at 1005 Jessie Street, ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing O�cer 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 3anuary and February 1998. File J9801B -$oardings-up for November and December 1997. File 79801A1 - Summary abatement {snow and/or ice removal, sanding walks) for part of December 1997 through February 1998. 1130 Bush Avenue The I.egislative Hearing O�cer recommends reducing the assessment to $400 plus a$40 service fee for a total of $440. 553 Edmund Avenue The Legislative Hearing Officer recommends redncing the charge to $100 plus $90 for disposal of the uash pius a$40 service fee for a total of $230. 474 Sherburne Avenue The Legislative Hearing O�cer re�ommends denying the appeal. � ��7 �� MINi7'fES OF 1`HE LEGISLATIVE HEARING May 5, 1998 Room 330, City Hall Gerry Strathman, Legislaiive Aearing 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 calied the meeting to order at 10:01 a.m. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeared 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 waming, not an extension. Mr. Casland went to court, paid a reduced fine, and thought it was all over. Gerry Strathman asked about the tires. Tony Casland responded he got charged for 18 tires. The neighbor said some of the garbage was theirs. Old tenants threw trash behind the gazage. Mr. Casland spent $500 to haul away trash, some of which was not in the film. The shed was tom down becanse it was becoming such a problem for the neighborhood with people throwing their trash behind it. Ron Tessmer appeazed and stated he spent 3aturday and Sunday dismanding the gazage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What �vas left was a$50 pickup load. Mr. Tessmer was charging $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 ll 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. 'I'he garage 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 heard, Mr. Strathman felt the chazge was excessive. However, the owner was cieazly notified and had an opportunity to remove the problem. MINLTTES FROM TI� LEGISLATIVE 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. S53 Edmund Avenue A video was shown. 7ames 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 $31Q. Gerry Suathman looked at the bill which showed an hour was $180 and five yards of trash 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 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 wiil take the owner's word that the worker told him a different cost. 2125 Wauken Avenue (L,aid over from 2-3-98) Chuck Votel reported the following has been done since February 3: the bond has been posted, a Code Compliance Inspection has been done, a building permit has been issued. This permit expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Strathman recommends the order be amended to 5eptember 28, 1998. 328 Leltinaton Parkwav North (Laid 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 �8-�r� MINIJTES FROM TTiE LEGISLATTVE HEARING OF 5-5-98 Page 3 Council ordered repair or remove. When the owner failed to repair the builriing, the City removed it. Mohammed Shahidullah, owner, stated Gerry Strathman 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 Ciry Council hearing and asked what was the process of notifying the owner that the recommendauon 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. P,fter the City's decision, the owner's recourse with the City is finished. Then a person can go to District Court to seek a temporary restraining order to prevent the City from proceeding. Mohammed Shahidullah asked could he see a copy of the letter. Chuck Votel stated he did not have it with him. Mr. Shahidullah stated he did not get a restraining order because the City moved so fast and had already started to teaz the home down. Gerry 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 �nd 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,Q00 is a lot of money. For piece of mind, he asked can this assessment be forgiven. Gerry Strathman responded that is unlikely. Therz are no extraordinary circumstances here. The work was done. The biil was sent. Mr. Shahidullah stated he never received detailed expenses. Gerry Strathman recommends denying the appeal. 9A8 Forest Stteet No one appeared representing the property. Chuck Votel reported this was condemned in 7une 1997 and has been vacant since August 1947. The owner has not discussed his intentions with Mr. VotePs office. Attached to the paperwork on this properry is a letter from NovaStar Mortgage Company indicating they intend to take the properry over through foreclosure and will get back to Mr. Votel's office when the mortgage foreclosure and redemgtion period is completed. There is no date specific, but NovaStaz is trying to do a speedy foreclosure on the property. NovaStaz was notified of this hearing, but are not here. The Ciry has issued four summary abatement noflces. The building has bezn secured by �i°8 MINUTES FROM TF� LEGISLATNE HEARING OF 5-5-98 Page 4 the City. The real estate taYes for 1997 and the vacant building fees are unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following people spoke in support of the resolution to remove or repair the building: David Ketz, 1780 Stanford Avenue, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Dan Starr, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Ruth Murphy, 442 Summit #7, Community Design Center; Mary Moore, 960 Duchess; Richard Beldorf, 953 Forest Sueet. 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 tumed in for the record) 447 Banfil Street and 449 Banfii Street Chuck Votel reported these two properties adjoin each other and the situation for both is very similaz. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has not been occupied since January 1997. The property is owned by the estate of Ferdinand Gaul with Joseph Mullery acting as personal representative. Mr. Mullery says he intends to sell or donate the property. There have been five summary abatement notices issued for 449 Banfil and four issued for 447 Banfil. The notices aze for cutting tall grass and weeds, removing refuse and animal feces, and securing the building. The City has had to boazd the building. The regisuation fees are due on both properties and citations have been issued for this reason. Taxes aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $SO,Q00 for 449 Banfil. The cost to demolish is $9,300 for 447 Banfii and $7,319 for 449 Banfil. People from the neighborhood have complained about the property. Gerry Strathman stated thera is a letter in his paperwork from Joseph Mullery who says there is a tsmporary restraining order. Chuck Votel responded there is no restraining order. Mr. Strathmar 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. VotePs 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, appeared 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 Strathtnan responded there is not much the City can do, given the owner is not present and the property is in need of serious rehabilitafion. Mike Strafelda asked what he would need to do. qn-��7 MINLJTES FROM Tf� LEG7SLATIVE HEARING OF 5-5-98 Page 5 Gerry Strathman responded a minimum that is needed is a purchase agreement to stop the process. Gerry Strathman recommends approval of the l5 day order to remove or repair. 1005 Jessie Stteet 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 attorney for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May 1997. Six summary abatement notices have been issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing graffiti. 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 $5,600. Dorothy 7ohnson stated there has been a vandalism problem on the property and they know where most of the vandalism is coming from. The Johnsons have cleaned up the yazd several times and went back to the next day and it looked just as bad again. The people next door keep throwing their gazbage over. Susan Mercurio stated she called the police at one point because it was snowing and there were cleazly footprints in the snow from the next door home. There aze constant police calls to 1001 Jessie. There are two teenage boys living there and the mother had admitted to the police that she cannot control them The neighbors at 997 Jessie are aiso having problems. Ms. Mercurio plans to put up a very strong security fence between her and 1001 Jessie. She has custody of her 14 month old and three yeaz old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has slowed down her mortgage process. When the mortgage lender found out the house was in the process of condemnation, he asked for a feasibility study. This was done. The house is structurally sound. The only thing wrong with it is the vandalism. Gerry Suathman asked when can the rehabilitation be completed. Susan Mercurio responded she posted the bond, has a building permit, and hopes to have the building done 9n six months. Chuck Votel stated the vacant building fee is paid. Gery Strathman recommends amending the order to October 16, 1998 to remove or repair the building. 474 Sherbume Avenue Guy Willits reported this was for scattered garbage, gazbage bags, and refuse. 9$-�/ 7 MINiJTES FROM THE LEGISLA'ITVE HEARING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Marvland Avenue Guy Willits reported the summary abatement notice was sent January 29, 1998 and posted. A warning 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, 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 Suathman 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 (I.aid 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 (I,aid over from the 4-22-98 City Council meeung) No one appeazed. A video was shown. Chuck Willits reported the garage was dilapidated, leaning, harzazdous, and open to access. Gerry Strathman recommends denying the appeal. 9�-�f � 7 MINUTES FROM TFIE LEGISLATIVE HEARING OF 5-5-98 Page 7 673 Central Avenue West No one appeared. Gerry StraYhman denied the appeal. Tf�e meeting was adjourned at 11:43 a.m. ORIGINAL Presented By Referred To Council File # ����, l Green Sheet # ���� Committee: Date WHEREAS, Department of Rire and Safety Services, Division of Code Enfarcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one and one-half story, wood frame strucriue with a detached, two-stall, wood frame garage with attached shed located on property hereinafter referred to as the "Subject Property" and commonly known as 449 B�1 Street. This property is legally described as follows, to wit: Lot 26, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St. Paul, Minnesota Temtory WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before January 14, 1998, the following aze the now lrnown interested or responsible parties for the Subject Property: Joseph J. Mullery, Estate of Ferdinand Gaul, 4101 Vincent Avenue North, Mpls., MN 55412; Resident, 443 Banfil Street, St. Paul, MN 55102 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated March 2, 1998; and WHEREAS, this order informed the then I�own interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by April 1, 1998; and WHEREAS, the enforcement o�cer has posted a placard on the Subject Properry declaring this building(s) to constitute a iruisance 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 T.egislative Code, of the time, date, place and purpose of the public hearings; and �t8'- �it�, WHEREAS, a hearing was held before the Legislative Hearing Officer 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 detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating tlus siructure 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 rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, 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 Legislative Aearing Officer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testunony and evidence pzesented at the above referenced public hearings, the Saint Paul Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 449 Banfil Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislarive Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That tt�e 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 Safety Services, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this suucture and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ardinanoes, or in the alternauve by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolidon and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. OR(GINAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 By: °lg -y�� 2. If the above corrective action is not completed within this period of time the Fire and Safety Services, Division of Code Enforcementis hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such 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 L.egislative Code. Appr By: Requested by Department of: Fire Code Enforcement Division By: ��'r7v"°V Form Approved by City Attorney Adopted by Council: Date � '� `�"�SS Adoption Certified by Council S� etary � BY , ��cc.�e�! �'� Division of Code Enforcement May 13, 1998 292-7718 r� v�•� TOTAL # OF SIGNATURE 04/03/98 I GREEN SHEET ����� °�� -y�� No 61591 �� ��. � xuresewrt an�noxrtv � arrmac� RWiING �� ❑ F�1n11L1sLakleYlCFSOR FiI14l11'Jf1.tER11�4CCfC � WYOR(OR�KYI.WII � ❑ :S (CLJP ALL LOCATIONS FOR SIGNATURE� City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Department of Fire and Safety Services, Division of Code Enforcement is ordered to remove the building. The subject property is located at 449 Banfil Street. PIANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION Nss mis x'��irm e.e.vrork� u�der e coriasct rwmis aepartme�rt res rro Has thia Ve�'�rtn e�er been a cih' emPbYee7 YES NO ooes uus aersoNfiim possescs a slo�� not nama��va� M�r curteM citr emWoreel YES NO Is thia peisonlfirm a targNed verdoYt YES NO olain all ves answe�s on aeoa2te sheet atM attach in areHl sheet 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 444 Banfil Street by April 1, 1998, and have failed to comply with those or�.��p 1DVANTAGESIFAPPROVED � ' , � `p `��,' The City will eliminate a nuisance. APR — 9 1995 ���ro�� o���'E �'� �n �" G��,���'�' " � � . .. . will spend funds to wreck and remove this building(s). These costs will be assessed to the collected as a special assessment aeainst the nronertv taxes. - A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. fOTALAMOUNTOFTRANSACTIONS � � CASTIREVENl7EBUDCET@.[GIB¢L�ONE)__, I ►ES/ NO _ Nuisance Housing Abatement 3 23 61 LNDIN6 SOURCE ACTIVITY NUMBER iwwcva wFaxnunoN corowr+> Counc� R9S2afcl� (;ee�t�f � .. i CharkQ� ob P.ogram D'v ENFOR �� y �— DEPART�T OF flRE A.`�v ar.r�.• Timotiry K Fu(ler. Fire Chie,/ Nuismu¢ Bvildin8 Code ErtJorcement C�y OF SAII�1T PA� Tet: 611-298- 555 Cedar SveeS5101-2260 Fax: 612-22$ Norm Coleman, Nfc'Yor Saint Pau(. �'�' � �,prii 3, 1998 NOTICE OF PI3BLIC H�A�GS Council President and Members of the City Council Vacant/Nuisance Buildings Bnforcement Division Departrnent of Fire and Safety Services, as to consider a resolution orderin8 the has requested the City Council schedule public hearin repair or removal of the nuisance building(s) located at: 449 Banfil Street The City Council has scheduled the date of these heatings as follows: Legislative Hearing ' Tuesday, May 5, 1998 City Council Hearing - Wednesday, May 13, 1998 The owners and responsible parties of record are: I•Iame and Last Kn°Wn Address 7oseph J. Mullery Estate of Perdinand Gaul 4101 Vincent Avenue North Mpls., MN 55412 Resident 443 Banf'il Street St. Paul, MN 55102 I tn� ere_St Owner's Representative Neighbor(Interested Part}' �7r�1(��!t tace��r�h �.Ef`tE( al descri tion of this propercy is: ,�a� ��'�� The leg F - Lot 26, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St. Paul, Minnesota Territory 449 BanFil Street April 3, 1998 Page 2 °li� -y �� Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Division of Code Enforcement has issued an order to the then Irnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the communiry continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the 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 Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessmen± to be collected in the same manner as taxes. � �h � � '`�,� Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Sexvices RW:mI cc: Frank Berg, Building Inspection and Design Rachei Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Councii Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 1 ': �l�-`1��. MINUTES OF THE LEGISLATIVE HEARING OF 5-5-98 Page 2 6. Resolution ordering the owner to remove or repair the building located at 447 Banfil Street. ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends approvat of the 15 day order to remove or repair. �1 � Resolution ordering the owner to remove or repair the building located at 449 B�I Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislative Hearing Officer recommends approval of the 15 day order to remove or repair. 8. Resolution ordering the owner to remove or repair the building located at 1005 Jessie Street, ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing O�cer 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 3anuary and February 1998. File J9801B -$oardings-up for November and December 1997. File 79801A1 - Summary abatement {snow and/or ice removal, sanding walks) for part of December 1997 through February 1998. 1130 Bush Avenue The I.egislative Hearing O�cer recommends reducing the assessment to $400 plus a$40 service fee for a total of $440. 553 Edmund Avenue The Legislative Hearing Officer recommends redncing the charge to $100 plus $90 for disposal of the uash pius a$40 service fee for a total of $230. 474 Sherburne Avenue The Legislative Hearing O�cer re�ommends denying the appeal. � ��7 �� MINi7'fES OF 1`HE LEGISLATIVE HEARING May 5, 1998 Room 330, City Hall Gerry Strathman, Legislaiive Aearing 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 calied the meeting to order at 10:01 a.m. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeared 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 waming, not an extension. Mr. Casland went to court, paid a reduced fine, and thought it was all over. Gerry Strathman asked about the tires. Tony Casland responded he got charged for 18 tires. The neighbor said some of the garbage was theirs. Old tenants threw trash behind the gazage. Mr. Casland spent $500 to haul away trash, some of which was not in the film. The shed was tom down becanse it was becoming such a problem for the neighborhood with people throwing their trash behind it. Ron Tessmer appeazed and stated he spent 3aturday and Sunday dismanding the gazage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What �vas left was a$50 pickup load. Mr. Tessmer was charging $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 ll 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. 'I'he garage 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 heard, Mr. Strathman felt the chazge was excessive. However, the owner was cieazly notified and had an opportunity to remove the problem. MINLTTES FROM TI� LEGISLATIVE 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. S53 Edmund Avenue A video was shown. 7ames 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 $31Q. Gerry Suathman looked at the bill which showed an hour was $180 and five yards of trash 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 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 wiil take the owner's word that the worker told him a different cost. 2125 Wauken Avenue (L,aid over from 2-3-98) Chuck Votel reported the following has been done since February 3: the bond has been posted, a Code Compliance Inspection has been done, a building permit has been issued. This permit expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Strathman recommends the order be amended to 5eptember 28, 1998. 328 Leltinaton Parkwav North (Laid 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 �8-�r� MINIJTES FROM TTiE LEGISLATTVE HEARING OF 5-5-98 Page 3 Council ordered repair or remove. When the owner failed to repair the builriing, the City removed it. Mohammed Shahidullah, owner, stated Gerry Strathman 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 Ciry Council hearing and asked what was the process of notifying the owner that the recommendauon 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. P,fter the City's decision, the owner's recourse with the City is finished. Then a person can go to District Court to seek a temporary restraining order to prevent the City from proceeding. Mohammed Shahidullah asked could he see a copy of the letter. Chuck Votel stated he did not have it with him. Mr. Shahidullah stated he did not get a restraining order because the City moved so fast and had already started to teaz the home down. Gerry 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 �nd 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,Q00 is a lot of money. For piece of mind, he asked can this assessment be forgiven. Gerry Strathman responded that is unlikely. Therz are no extraordinary circumstances here. The work was done. The biil was sent. Mr. Shahidullah stated he never received detailed expenses. Gerry Strathman recommends denying the appeal. 9A8 Forest Stteet No one appeared representing the property. Chuck Votel reported this was condemned in 7une 1997 and has been vacant since August 1947. The owner has not discussed his intentions with Mr. VotePs office. Attached to the paperwork on this properry is a letter from NovaStar Mortgage Company indicating they intend to take the properry over through foreclosure and will get back to Mr. Votel's office when the mortgage foreclosure and redemgtion period is completed. There is no date specific, but NovaStaz is trying to do a speedy foreclosure on the property. NovaStaz was notified of this hearing, but are not here. The Ciry has issued four summary abatement noflces. The building has bezn secured by �i°8 MINUTES FROM TF� LEGISLATNE HEARING OF 5-5-98 Page 4 the City. The real estate taYes for 1997 and the vacant building fees are unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following people spoke in support of the resolution to remove or repair the building: David Ketz, 1780 Stanford Avenue, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Dan Starr, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Ruth Murphy, 442 Summit #7, Community Design Center; Mary Moore, 960 Duchess; Richard Beldorf, 953 Forest Sueet. 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 tumed in for the record) 447 Banfil Street and 449 Banfii Street Chuck Votel reported these two properties adjoin each other and the situation for both is very similaz. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has not been occupied since January 1997. The property is owned by the estate of Ferdinand Gaul with Joseph Mullery acting as personal representative. Mr. Mullery says he intends to sell or donate the property. There have been five summary abatement notices issued for 449 Banfil and four issued for 447 Banfil. The notices aze for cutting tall grass and weeds, removing refuse and animal feces, and securing the building. The City has had to boazd the building. The regisuation fees are due on both properties and citations have been issued for this reason. Taxes aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $SO,Q00 for 449 Banfil. The cost to demolish is $9,300 for 447 Banfii and $7,319 for 449 Banfil. People from the neighborhood have complained about the property. Gerry Strathman stated thera is a letter in his paperwork from Joseph Mullery who says there is a tsmporary restraining order. Chuck Votel responded there is no restraining order. Mr. Strathmar 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. VotePs 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, appeared 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 Strathtnan responded there is not much the City can do, given the owner is not present and the property is in need of serious rehabilitafion. Mike Strafelda asked what he would need to do. qn-��7 MINLJTES FROM Tf� LEG7SLATIVE HEARING OF 5-5-98 Page 5 Gerry Strathman responded a minimum that is needed is a purchase agreement to stop the process. Gerry Strathman recommends approval of the l5 day order to remove or repair. 1005 Jessie Stteet 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 attorney for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May 1997. Six summary abatement notices have been issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing graffiti. 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 $5,600. Dorothy 7ohnson stated there has been a vandalism problem on the property and they know where most of the vandalism is coming from. The Johnsons have cleaned up the yazd several times and went back to the next day and it looked just as bad again. The people next door keep throwing their gazbage over. Susan Mercurio stated she called the police at one point because it was snowing and there were cleazly footprints in the snow from the next door home. There aze constant police calls to 1001 Jessie. There are two teenage boys living there and the mother had admitted to the police that she cannot control them The neighbors at 997 Jessie are aiso having problems. Ms. Mercurio plans to put up a very strong security fence between her and 1001 Jessie. She has custody of her 14 month old and three yeaz old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has slowed down her mortgage process. When the mortgage lender found out the house was in the process of condemnation, he asked for a feasibility study. This was done. The house is structurally sound. The only thing wrong with it is the vandalism. Gerry Suathman asked when can the rehabilitation be completed. Susan Mercurio responded she posted the bond, has a building permit, and hopes to have the building done 9n six months. Chuck Votel stated the vacant building fee is paid. Gery Strathman recommends amending the order to October 16, 1998 to remove or repair the building. 474 Sherbume Avenue Guy Willits reported this was for scattered garbage, gazbage bags, and refuse. 9$-�/ 7 MINiJTES FROM THE LEGISLA'ITVE HEARING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Marvland Avenue Guy Willits reported the summary abatement notice was sent January 29, 1998 and posted. A warning 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, 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 Suathman 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 (I.aid 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 (I,aid over from the 4-22-98 City Council meeung) No one appeazed. A video was shown. Chuck Willits reported the garage was dilapidated, leaning, harzazdous, and open to access. Gerry Strathman recommends denying the appeal. 9�-�f � 7 MINUTES FROM TFIE LEGISLATIVE HEARING OF 5-5-98 Page 7 673 Central Avenue West No one appeared. Gerry StraYhman denied the appeal. Tf�e meeting was adjourned at 11:43 a.m. ORIGINAL Presented By Referred To Council File # ����, l Green Sheet # ���� Committee: Date WHEREAS, Department of Rire and Safety Services, Division of Code Enfarcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one and one-half story, wood frame strucriue with a detached, two-stall, wood frame garage with attached shed located on property hereinafter referred to as the "Subject Property" and commonly known as 449 B�1 Street. This property is legally described as follows, to wit: Lot 26, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St. Paul, Minnesota Temtory WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before January 14, 1998, the following aze the now lrnown interested or responsible parties for the Subject Property: Joseph J. Mullery, Estate of Ferdinand Gaul, 4101 Vincent Avenue North, Mpls., MN 55412; Resident, 443 Banfil Street, St. Paul, MN 55102 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated March 2, 1998; and WHEREAS, this order informed the then I�own interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by April 1, 1998; and WHEREAS, the enforcement o�cer has posted a placard on the Subject Properry declaring this building(s) to constitute a iruisance 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 T.egislative Code, of the time, date, place and purpose of the public hearings; and �t8'- �it�, WHEREAS, a hearing was held before the Legislative Hearing Officer 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 detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating tlus siructure 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 rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, 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 Legislative Aearing Officer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testunony and evidence pzesented at the above referenced public hearings, the Saint Paul Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 449 Banfil Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislarive Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That tt�e 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 Safety Services, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this suucture and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ardinanoes, or in the alternauve by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolidon and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. OR(GINAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 By: °lg -y�� 2. If the above corrective action is not completed within this period of time the Fire and Safety Services, Division of Code Enforcementis hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such 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 L.egislative Code. Appr By: Requested by Department of: Fire Code Enforcement Division By: ��'r7v"°V Form Approved by City Attorney Adopted by Council: Date � '� `�"�SS Adoption Certified by Council S� etary � BY , ��cc.�e�! �'� Division of Code Enforcement May 13, 1998 292-7718 r� v�•� TOTAL # OF SIGNATURE 04/03/98 I GREEN SHEET ����� °�� -y�� No 61591 �� ��. � xuresewrt an�noxrtv � arrmac� RWiING �� ❑ F�1n11L1sLakleYlCFSOR FiI14l11'Jf1.tER11�4CCfC � WYOR(OR�KYI.WII � ❑ :S (CLJP ALL LOCATIONS FOR SIGNATURE� City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Department of Fire and Safety Services, Division of Code Enforcement is ordered to remove the building. The subject property is located at 449 Banfil Street. PIANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION Nss mis x'��irm e.e.vrork� u�der e coriasct rwmis aepartme�rt res rro Has thia Ve�'�rtn e�er been a cih' emPbYee7 YES NO ooes uus aersoNfiim possescs a slo�� not nama��va� M�r curteM citr emWoreel YES NO Is thia peisonlfirm a targNed verdoYt YES NO olain all ves answe�s on aeoa2te sheet atM attach in areHl sheet 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 444 Banfil Street by April 1, 1998, and have failed to comply with those or�.��p 1DVANTAGESIFAPPROVED � ' , � `p `��,' The City will eliminate a nuisance. APR — 9 1995 ���ro�� o���'E �'� �n �" G��,���'�' " � � . .. . will spend funds to wreck and remove this building(s). These costs will be assessed to the collected as a special assessment aeainst the nronertv taxes. - A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. fOTALAMOUNTOFTRANSACTIONS � � CASTIREVENl7EBUDCET@.[GIB¢L�ONE)__, I ►ES/ NO _ Nuisance Housing Abatement 3 23 61 LNDIN6 SOURCE ACTIVITY NUMBER iwwcva wFaxnunoN corowr+> Counc� R9S2afcl� (;ee�t�f � .. i CharkQ� ob P.ogram D'v ENFOR �� y �— DEPART�T OF flRE A.`�v ar.r�.• Timotiry K Fu(ler. Fire Chie,/ Nuismu¢ Bvildin8 Code ErtJorcement C�y OF SAII�1T PA� Tet: 611-298- 555 Cedar SveeS5101-2260 Fax: 612-22$ Norm Coleman, Nfc'Yor Saint Pau(. �'�' � �,prii 3, 1998 NOTICE OF PI3BLIC H�A�GS Council President and Members of the City Council Vacant/Nuisance Buildings Bnforcement Division Departrnent of Fire and Safety Services, as to consider a resolution orderin8 the has requested the City Council schedule public hearin repair or removal of the nuisance building(s) located at: 449 Banfil Street The City Council has scheduled the date of these heatings as follows: Legislative Hearing ' Tuesday, May 5, 1998 City Council Hearing - Wednesday, May 13, 1998 The owners and responsible parties of record are: I•Iame and Last Kn°Wn Address 7oseph J. Mullery Estate of Perdinand Gaul 4101 Vincent Avenue North Mpls., MN 55412 Resident 443 Banf'il Street St. Paul, MN 55102 I tn� ere_St Owner's Representative Neighbor(Interested Part}' �7r�1(��!t tace��r�h �.Ef`tE( al descri tion of this propercy is: ,�a� ��'�� The leg F - Lot 26, Block 19, E. H. Hawke's Subdivision to Winslow's Addition to the Town of St. Paul, Minnesota Territory 449 BanFil Street April 3, 1998 Page 2 °li� -y �� Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Division of Code Enforcement has issued an order to the then Irnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the communiry continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the 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 Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessmen± to be collected in the same manner as taxes. � �h � � '`�,� Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Sexvices RW:mI cc: Frank Berg, Building Inspection and Design Rachei Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Councii Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 1 ': �l�-`1��. MINUTES OF THE LEGISLATIVE HEARING OF 5-5-98 Page 2 6. Resolution ordering the owner to remove or repair the building located at 447 Banfil Street. ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing Officer recommends approvat of the 15 day order to remove or repair. �1 � Resolution ordering the owner to remove or repair the building located at 449 B�I Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislative Hearing Officer recommends approval of the 15 day order to remove or repair. 8. Resolution ordering the owner to remove or repair the building located at 1005 Jessie Street, ff the owner fails to comply with the resolution, Public Health is ordered to remove the building. The Legislative Hearing O�cer 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 3anuary and February 1998. File J9801B -$oardings-up for November and December 1997. File 79801A1 - Summary abatement {snow and/or ice removal, sanding walks) for part of December 1997 through February 1998. 1130 Bush Avenue The I.egislative Hearing O�cer recommends reducing the assessment to $400 plus a$40 service fee for a total of $440. 553 Edmund Avenue The Legislative Hearing Officer recommends redncing the charge to $100 plus $90 for disposal of the uash pius a$40 service fee for a total of $230. 474 Sherburne Avenue The Legislative Hearing O�cer re�ommends denying the appeal. � ��7 �� MINi7'fES OF 1`HE LEGISLATIVE HEARING May 5, 1998 Room 330, City Hall Gerry Strathman, Legislaiive Aearing 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 calied the meeting to order at 10:01 a.m. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeared 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 waming, not an extension. Mr. Casland went to court, paid a reduced fine, and thought it was all over. Gerry Strathman asked about the tires. Tony Casland responded he got charged for 18 tires. The neighbor said some of the garbage was theirs. Old tenants threw trash behind the gazage. Mr. Casland spent $500 to haul away trash, some of which was not in the film. The shed was tom down becanse it was becoming such a problem for the neighborhood with people throwing their trash behind it. Ron Tessmer appeazed and stated he spent 3aturday and Sunday dismanding the gazage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What �vas left was a$50 pickup load. Mr. Tessmer was charging $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 ll 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. 'I'he garage 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 heard, Mr. Strathman felt the chazge was excessive. However, the owner was cieazly notified and had an opportunity to remove the problem. MINLTTES FROM TI� LEGISLATIVE 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. S53 Edmund Avenue A video was shown. 7ames 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 $31Q. Gerry Suathman looked at the bill which showed an hour was $180 and five yards of trash 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 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 wiil take the owner's word that the worker told him a different cost. 2125 Wauken Avenue (L,aid over from 2-3-98) Chuck Votel reported the following has been done since February 3: the bond has been posted, a Code Compliance Inspection has been done, a building permit has been issued. This permit expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Strathman recommends the order be amended to 5eptember 28, 1998. 328 Leltinaton Parkwav North (Laid 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 �8-�r� MINIJTES FROM TTiE LEGISLATTVE HEARING OF 5-5-98 Page 3 Council ordered repair or remove. When the owner failed to repair the builriing, the City removed it. Mohammed Shahidullah, owner, stated Gerry Strathman 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 Ciry Council hearing and asked what was the process of notifying the owner that the recommendauon 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. P,fter the City's decision, the owner's recourse with the City is finished. Then a person can go to District Court to seek a temporary restraining order to prevent the City from proceeding. Mohammed Shahidullah asked could he see a copy of the letter. Chuck Votel stated he did not have it with him. Mr. Shahidullah stated he did not get a restraining order because the City moved so fast and had already started to teaz the home down. Gerry 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 �nd 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,Q00 is a lot of money. For piece of mind, he asked can this assessment be forgiven. Gerry Strathman responded that is unlikely. Therz are no extraordinary circumstances here. The work was done. The biil was sent. Mr. Shahidullah stated he never received detailed expenses. Gerry Strathman recommends denying the appeal. 9A8 Forest Stteet No one appeared representing the property. Chuck Votel reported this was condemned in 7une 1997 and has been vacant since August 1947. The owner has not discussed his intentions with Mr. VotePs office. Attached to the paperwork on this properry is a letter from NovaStar Mortgage Company indicating they intend to take the properry over through foreclosure and will get back to Mr. Votel's office when the mortgage foreclosure and redemgtion period is completed. There is no date specific, but NovaStaz is trying to do a speedy foreclosure on the property. NovaStaz was notified of this hearing, but are not here. The Ciry has issued four summary abatement noflces. The building has bezn secured by �i°8 MINUTES FROM TF� LEGISLATNE HEARING OF 5-5-98 Page 4 the City. The real estate taYes for 1997 and the vacant building fees are unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following people spoke in support of the resolution to remove or repair the building: David Ketz, 1780 Stanford Avenue, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Dan Starr, representing Holy Trinity Orthodox Chuck at 956 Forest Street; Ruth Murphy, 442 Summit #7, Community Design Center; Mary Moore, 960 Duchess; Richard Beldorf, 953 Forest Sueet. 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 tumed in for the record) 447 Banfil Street and 449 Banfii Street Chuck Votel reported these two properties adjoin each other and the situation for both is very similaz. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has not been occupied since January 1997. The property is owned by the estate of Ferdinand Gaul with Joseph Mullery acting as personal representative. Mr. Mullery says he intends to sell or donate the property. There have been five summary abatement notices issued for 449 Banfil and four issued for 447 Banfil. The notices aze for cutting tall grass and weeds, removing refuse and animal feces, and securing the building. The City has had to boazd the building. The regisuation fees are due on both properties and citations have been issued for this reason. Taxes aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $SO,Q00 for 449 Banfil. The cost to demolish is $9,300 for 447 Banfii and $7,319 for 449 Banfil. People from the neighborhood have complained about the property. Gerry Strathman stated thera is a letter in his paperwork from Joseph Mullery who says there is a tsmporary restraining order. Chuck Votel responded there is no restraining order. Mr. Strathmar 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. VotePs 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, appeared 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 Strathtnan responded there is not much the City can do, given the owner is not present and the property is in need of serious rehabilitafion. Mike Strafelda asked what he would need to do. qn-��7 MINLJTES FROM Tf� LEG7SLATIVE HEARING OF 5-5-98 Page 5 Gerry Strathman responded a minimum that is needed is a purchase agreement to stop the process. Gerry Strathman recommends approval of the l5 day order to remove or repair. 1005 Jessie Stteet 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 attorney for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May 1997. Six summary abatement notices have been issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing graffiti. 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 $5,600. Dorothy 7ohnson stated there has been a vandalism problem on the property and they know where most of the vandalism is coming from. The Johnsons have cleaned up the yazd several times and went back to the next day and it looked just as bad again. The people next door keep throwing their gazbage over. Susan Mercurio stated she called the police at one point because it was snowing and there were cleazly footprints in the snow from the next door home. There aze constant police calls to 1001 Jessie. There are two teenage boys living there and the mother had admitted to the police that she cannot control them The neighbors at 997 Jessie are aiso having problems. Ms. Mercurio plans to put up a very strong security fence between her and 1001 Jessie. She has custody of her 14 month old and three yeaz old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has slowed down her mortgage process. When the mortgage lender found out the house was in the process of condemnation, he asked for a feasibility study. This was done. The house is structurally sound. The only thing wrong with it is the vandalism. Gerry Suathman asked when can the rehabilitation be completed. Susan Mercurio responded she posted the bond, has a building permit, and hopes to have the building done 9n six months. Chuck Votel stated the vacant building fee is paid. Gery Strathman recommends amending the order to October 16, 1998 to remove or repair the building. 474 Sherbume Avenue Guy Willits reported this was for scattered garbage, gazbage bags, and refuse. 9$-�/ 7 MINiJTES FROM THE LEGISLA'ITVE HEARING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Marvland Avenue Guy Willits reported the summary abatement notice was sent January 29, 1998 and posted. A warning 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, 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 Suathman 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 (I.aid 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 (I,aid over from the 4-22-98 City Council meeung) No one appeazed. A video was shown. Chuck Willits reported the garage was dilapidated, leaning, harzazdous, and open to access. Gerry Strathman recommends denying the appeal. 9�-�f � 7 MINUTES FROM TFIE LEGISLATIVE HEARING OF 5-5-98 Page 7 673 Central Avenue West No one appeared. Gerry StraYhman denied the appeal. Tf�e meeting was adjourned at 11:43 a.m.