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98-418ORIGINAL Presented By Referred To .Am�� e � sj l�i�� RESOLUTION CITY OF SAINT PAtlL, MINNESOTA Council File # Green Sheet # `�7 -y� \ �� 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 four-plex, with a detached, two-stall, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly lrnown as 948 Forest Street. This propeny is legally described as follows, to wit: Lot 4, Block 3, Auditor's Subdivision No. 7, St. Paul, Minn. QVHEREAS, based upon the records in the Ramsey County Recorder's Off'ice and information obtained by Division of Code Enforcement on or before January 8, 1998, the following are the now known inter8sted or responsible parties for the Subject Property: Edward McKnight, c/o Brian Barager, HCR 60 P.O. Box 340B, Pine River, MN 56474; NovaStar Mortgage Co., 1900 West 47th Pl., Westwood, KS 66205, Attn: Loan #{1057; James J. Tuzinski, 7050 Brooklyn Blvd., Mpls., MN 55429 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul L.egislative Code an order identif'ied as an "Order to Abate Nuisance Building(s)" dated February 23, 1998; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WT-IEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by March 25, 1998; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring tlus building(s) to constitute a nuisance condition; subject to demolirion; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the I.egislative Hearing Officer of the City Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code, of the time, date, place and purpose of the public hearings; and 9g -41$� WFiEREAS, a hearing was held before the L.egislative Hearing Officer of the Saint Paul City Council on Tuesday, May 5, 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 ffie Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternarive by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitarion or demolition of the structure to be completed within�€tfteea-( days after the date of the Council Hearing; and �;��C.s� WI�REAS, a hearing was held before the Saint Paul City Council on Wednesday, May 13, 1998 and the testimony and evidence including ffie action taken by the Legislative Aearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon ffie testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 948 Forest Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Pau1 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 Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That 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 monitared by the Depariment of Fire and Safety Services, Division of Code Enfarcement, Vacant/Nuisance Buildings. 8. That the lmown interested parties and owners aze 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: i. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rebabilitating tlus structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicahle codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the struciure must be completed within �fi€tees-F13} days after the date of the Council Hearing. `��v �LS1 ORIG{NAL � 2 3 4 5 6 7 8 9 10 11 12 13 14 �(�-y�8' 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 LegislaAve Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fuctures 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 property 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,egislauve Code. Requested by Department of: Fir Code Enforcement Division By: � t� f �a0 t� Form Approved by City Attorney Adopted by Council: Date Iv 13 `q.�� Adoption Certified by Council S retary By: ��.� ^'. L�" C� Division of Code Enforcement May 13, 1998 292-7718 �� TOTAL # OF SIGNATURE PAGES DATEINRIATED oa�o3t9a GREEN SHEET �.M,�.�,� � ��. at -41� 61592 ❑ �+� �-�-�8 ❑ � a �,..,�„ �,� ❑ �,«� ❑ �w.�.a.� �.�,��..�* ❑ (CLIP ALL L ATIONS FOR SIGNATUREj 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 properry is located at 948 Forest Street. o� PWNNING COMMISSION CIB COMMfITEE CIVIL SERVICE CAMMISSION Has thic persaJfirtn ever vrorKed untler a con4act lor ihis departmeM? YES NO Has vxe v�Rrm ever been a oily empwyee9 YES NO �oes this person/frm possess a slull not riormallypossessed by airy curteM city empbyee7 YES NO Is this peison/frtn a targetetl vendoR YES NO �lain all ves ansMers m seoarate sheet ard attach to oreen shee[ 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 948 Forest Street by Mazch 25, 1998, and have failed to comply v,dtli those orders. APR — 9 i9'J� The CiTy will eliminate a nuisance. �A,YOR`� OFFiCf :.• �. .,. . ; � L 'Fhe City will spend funds to wreck and remove tlais building(s). These costs will be assessed to the properly, collected as a special assessment agaznst the property taxes. tT riinsanoe coriditiori will remazn unabated in the City. This building(s) will continue to blight the commucnty. � - , �OTAL AMOUNi OF TRANSACTION S COST/REVENUE BUDQETED (GRCLE ONE7 YES NO Nuisance Housang Abatement i °UNDING SOURCE ACTNI7V NUMBER 9NANCNL INFORhWTION (E1�WN) • � ) R 1 ' �l:l t �+�v r � DEPAR7MENr �F FIR�' A'�iD S`�FEn SERVICES - Timothy K Fuller, Frre Chief � Q �y � B p i DMSION OF PROPERTY CODE ENFORCEMENC Charks YoteL Program Directos CI'�'Y OF SAINI' PAUL Nuisance Building Cade Enfo�cement S55 Cedar Sbeet Tel: 612-298-4153 Norm Colemam �Llayor Fax: 612-228-3l Sain[ Pavt, ALY SSIOI � Aprii 3, 1998 NOTICE OF PIJBLIC HEAKINGS Council President and Members of the Ciry Council Department of Fire and Safety Services, Vacant/I`Iuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 948 Forest Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, May 5, 1998 City Council Aearing - Wednesday, May 13, 1998 The owners and responsible parties of record are: Name and Last Known Address Interest Edward McKnight Fee Owner clo Brian Barager HCR 60 P.O. Box 340B Pine River, MN 56474 NovaStar Mortgage Co. Lienholder 1900 West 47th Pl. Westwood, KS 66205 pttn: I,oan #1057 7ames 7. Tuzinski 7050 Brooklyn Blvd. Mpls., MN 55429 Attorney for Mortgage Co. '�w�°'t��t�zv$e P.�.°��.�`�,ivn tlV:�,�.��.� �; � � 9 �� q 8 -ti�� 948 Forest Sueet April 3, 1998 Page 2 The legal description of this property is: I,ot 4, Block 3, Auditor's Subdivision No. 7, St. Paui, Minn. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by L,egislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then irnown responsible parties to eliminate this nuisance condition by correctina the deficiencies or by razing and removing this buiiding(s). Inasmuch as this Order to Abate has not been compiied 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 assessment to be collected in the same manner as taxes. S' erely, � o ^�"� Reneta Weiss Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Services I• • � cc: Frank Berg, Buildin; Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshali Dan Pahl, PED-Housing Division 1 •: �Ig -Ht8' � L�,��Y�M��I�7��Cs3 Date: May 5,1998 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Bonlevazd Gerry Strathman Legislative Hearing Officer i. Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (I.aid over from 2-3-98) The Legislative Hearing Officer recommends withdrawing the resolution. 2. Resolution ordering the owner to remove or repair the building located ai 2125 Waukon Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Laid over from 2-3-98) The Legislative Hearing Off'icer recommends amending the order to remove or repair by September 28, 1998. 3. Summary abatement appeal for 328 Lexineton ParkwayNorth. (Iaid over from 47-98) The Legislative Hearing Officer recommends denying the appeal. 4. Summary abatement appeal for 663 York Avenue. (Laid over from the 4-22-98 City CouncIl meeting) The I.egislative Hearing Officer recommends denying the appeal. 5.� Resolution ordering the owner to remove or repair the building located at 948 Forest "✓ Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislative Hearing Of£cer recommends amending the order to remove or repair to five days. °l'� -�� h �" �� MINLJTES OF TI� LEGISLATIVE HEARING May 5, 1998 Room 330, City Iiall Gerry Strathman, Legislative Hearing Officer STAFP' PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy Willits, Property Code Bnforcement Note: All addresses aze laid over to the May 13 City Council meeting. Geiry Strathman called the meeting to order at 10:01 am. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeared and stated he had his gazage tom down. Mr. Casland received a note from his tenants that the inspector had been there that weekend and had given an extension of 6me. 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. T`he inspector said it was a warning, not an extension. Mr. Casland went to court, paid a reduced fine, and thought it was a11 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 appeared and stated he spent 5aturday and Sunday dismantling the gazage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What was left was a$50 pickup load. Mr. Tessmer was charging $200 for the whole thing. He is surprised the City chazged $900 after 18 hours of work had been put into it. Mr. Tessmer stated there were 11 Ures, 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 garage was partially collapsed. Gerty Strathman stated it looked like the garage was down in the video. Gerry Strathman looked at the bill. From the video and from what he heard, Mr. Strathman felt the charge was excessive. However, the owner was cieazly notified and had an opportunity to remove the problem. q�-y13� ��Il�liyY�T.`79LZ!]��:I��I�CitC'j�lY►i/�i:1�7\�I�Ct7ij�.'S. ': � . Getry Strathman recommends the cost be cut in hal£ $400 plus a$40 service fee instead of $861 plus the $44 service fee. �53 Edmund Avenue A video was shown. James Morgan and 7eannie Miller, owners, agpeared. 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 $314. Gerry Strathman looked at the bill which showed an hour was $1 SO and five yards 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 $18Q 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. 3eannie Miller stated the outside of the house was being remodeled and siding was being installed. Some of the things stacked there were from the siding job. It is hard to haul things away two to three times. There shouid be a standard. 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. 3trathman responded technically yes, hut if no one complains then an owner can take a while Ionger. These orders were issued on December 16 and the work was not done until 7anuary 22, which is about five weeks. Gerry Strathman recommends the charge be reduced to $ lOQ plus $90 for disposal of the trash and $40 service fee for a total of �230. The owner was notified, but he wili take the owner's word that the worker told him a diffarent cost. 2125 Waukon Avenue (Laid ovet from 2-3-98) Chuck Votel reported the following has been done since February 3: the bond has been posted, a Code Compliance lnspection has been done, a building permit has been issued. This pernut expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Strathman recommends the order be amended to September 28, 1998. 328 Le�naton Parkwav North (Laid over from 4-7-98) Chuck Votel reported the owner is appealing the demolition of the buiiding. The total cost of the demolition was $23,307.06. There were public hearings held about the property. 'The City G�-y\� MINUTES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 3 Council ordered repair or remove. When the owner failed to repair the building, the City removed it. Mohanimed Shahidullah, owner, stated Gerry Strathmazi 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 nat appear at the City Council hearing and asked what was the process of notifying the owner that the recommendation was not accepted by the CouncIl. Chuck Votel answerea he has documentation that the owner was mailed a certified copy of the resolution. Crerry 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 restraining 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 Degartment. 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. Shahiduliah received that is up to an attorney. Mohaznmed Shahidullah stated $23,000 is a lot of money. For piece of mind, he asked can this assessment be forgiven. Gezry Strathman responded that is unlikely. Thera aze no extraordinary circumstances here. The work was done. The bill was sent. Mr. Shahidullah stated he never re�eived detailed expenses. Gerry Strathman recommends denying the appeal. 948 Forest Street No one appeazed representing the property. Chuck Votel reported this was condemned in June 1997 and has been vacant since August 1997. The owner has not discussed his intentions with Mr. VoYel's office. Attached to the paperwork on this property is a letter from NovaStar Mortgage Company indicating they intend to take the property over through fareclosure and wili get back to Mr. Votel's o�ce when the mortgage foreclosure and redemption period is completed. There is no date specific, but NovaStaz is trying to do a speedy foreclosure on the property. NovaStaz was noti�ed of this hearing, but are not here. The City has issued four summary abatement notices. The building has been secured by �� -�1�� MINL3TES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 4 the City. The reai estate taxes for 1997 and the vacant building fees aze unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following 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, represenfing 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. Gerry 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 Banfil5treet Chuck Votel reported these two properties ad}oin each other and the situation for both is very similar. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has noY been occugied 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 properry. There have been five summary abatement notices issued for 449 Banfil and four issued for 447 Banfil. The notices are for cutting tall grass and weeds, removing refuse and animal feces, and securing the building. Tt�e City has had to board the building. The registration fees are due on both properties and citations have been issued for this reason. Taxes aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $50,000 for 449 Banfil. The cost to demolish is $9,300 for 447 Banfil and $�,319 for 449 Banfil. People from the neighborhood have complained about the properry. Gerry Suathman 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 o�ce 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. Votei'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. �� _ y �� 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 approval of the 15 day order to remove or repair. 10(IS Jessie Street Susan Mercurio, 1032 Duluth Street #{206, Arthur and Dorothy Johnson, 1136 East Magnolia Avenue, appeazed. Ms. Mercurio is the contraci for deed holder. Arthur 7ohnson has power of attomey for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May 1497. Six summary abatement notices have been issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing gr�ti. The building has been 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 7ohnsons have cleaned up the yazd severai 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 cal]ed the police at one point because it was snowing and thexe were clearly footprints in the snow from the next door home. There aze constant police calls to 1001 Jessie. There are two teenage boys living there and the mother had admitted to the police that she cannot control them. Tfie neighbors at 997 3essie aze also having problems. Ms. Mercurio plans to put up a very strong security fence between her and 10013essie. She has custody of her 14 month old and three year old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has slowed down her mortgage process. When the mortgage lender found out the house was in the process of condemnation, he asked for a feasibility study. This was done. The house is structurally sound. The only thing wrong with it is the vandalism. Gerry Strathman asked when can the rehabilitation be completed. Susan Mercurio responded she posted the bond, has a buiiding permit, and hopes to have the building done in six months. Chuck Votel stated the vacant building fee is paid. Gery Suathman recommends amending the order to October 16, 1998 to remove or repair the building. 4'74 Sherburne Avenue Guy Willits reported this was for scattered garbage, gazbage bags, and refuse. ��-y`� MINUTES FROM TI� LEGISLATIVE HEARING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Macvland Avenue Guy Willits reported the summary abatement notice was sent 7anuary 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 Strathman asked did he get the notices that were sent out. Mr. Burks responded yes. Mr. Strathman stated sidewalks have to be clear full width. Chuck Votel added there is a bus stop there. Mr. Suathman stated busy streets get complaints when people are going to the bus stop. Gerry 5trathman recommends reducing the assessment to $137.50. The City crew was in the neighborhood for two addresses so it probably cost less to do this address. 9 Acker Street West (Laid over from 23-98) 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 meeting) No one appeared. A video was shown. Chuck Willits reparted the gatage was dilapidated, leaning, hazzardous, and open to access. Gerry Suathman recommends denying the appeal. MINUTES FR OM TE� LEGISLATIVE HEARING OF 5-5-98 673 Central Avenue West No one appeazed. Gerry Strathman denied tha appeal. The meeting was adjourned at 11:43 a.m. q�-yi� Page 7 ORIGINAL Presented By Referred To .Am�� e � sj l�i�� RESOLUTION CITY OF SAINT PAtlL, MINNESOTA Council File # Green Sheet # `�7 -y� \ �� 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 four-plex, with a detached, two-stall, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly lrnown as 948 Forest Street. This propeny is legally described as follows, to wit: Lot 4, Block 3, Auditor's Subdivision No. 7, St. Paul, Minn. QVHEREAS, based upon the records in the Ramsey County Recorder's Off'ice and information obtained by Division of Code Enforcement on or before January 8, 1998, the following are the now known inter8sted or responsible parties for the Subject Property: Edward McKnight, c/o Brian Barager, HCR 60 P.O. Box 340B, Pine River, MN 56474; NovaStar Mortgage Co., 1900 West 47th Pl., Westwood, KS 66205, Attn: Loan #{1057; James J. Tuzinski, 7050 Brooklyn Blvd., Mpls., MN 55429 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul L.egislative Code an order identif'ied as an "Order to Abate Nuisance Building(s)" dated February 23, 1998; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WT-IEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by March 25, 1998; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring tlus building(s) to constitute a nuisance condition; subject to demolirion; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the I.egislative Hearing Officer of the City Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code, of the time, date, place and purpose of the public hearings; and 9g -41$� WFiEREAS, a hearing was held before the L.egislative Hearing Officer of the Saint Paul City Council on Tuesday, May 5, 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 ffie Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternarive by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitarion or demolition of the structure to be completed within�€tfteea-( days after the date of the Council Hearing; and �;��C.s� WI�REAS, a hearing was held before the Saint Paul City Council on Wednesday, May 13, 1998 and the testimony and evidence including ffie action taken by the Legislative Aearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon ffie testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 948 Forest Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Pau1 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 Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That 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 monitared by the Depariment of Fire and Safety Services, Division of Code Enfarcement, Vacant/Nuisance Buildings. 8. That the lmown interested parties and owners aze 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: i. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rebabilitating tlus structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicahle codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the struciure must be completed within �fi€tees-F13} days after the date of the Council Hearing. `��v �LS1 ORIG{NAL � 2 3 4 5 6 7 8 9 10 11 12 13 14 �(�-y�8' 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 LegislaAve Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fuctures 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 property 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,egislauve Code. Requested by Department of: Fir Code Enforcement Division By: � t� f �a0 t� Form Approved by City Attorney Adopted by Council: Date Iv 13 `q.�� Adoption Certified by Council S retary By: ��.� ^'. L�" C� Division of Code Enforcement May 13, 1998 292-7718 �� TOTAL # OF SIGNATURE PAGES DATEINRIATED oa�o3t9a GREEN SHEET �.M,�.�,� � ��. at -41� 61592 ❑ �+� �-�-�8 ❑ � a �,..,�„ �,� ❑ �,«� ❑ �w.�.a.� �.�,��..�* ❑ (CLIP ALL L ATIONS FOR SIGNATUREj 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 properry is located at 948 Forest Street. o� PWNNING COMMISSION CIB COMMfITEE CIVIL SERVICE CAMMISSION Has thic persaJfirtn ever vrorKed untler a con4act lor ihis departmeM? YES NO Has vxe v�Rrm ever been a oily empwyee9 YES NO �oes this person/frm possess a slull not riormallypossessed by airy curteM city empbyee7 YES NO Is this peison/frtn a targetetl vendoR YES NO �lain all ves ansMers m seoarate sheet ard attach to oreen shee[ 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 948 Forest Street by Mazch 25, 1998, and have failed to comply v,dtli those orders. APR — 9 i9'J� The CiTy will eliminate a nuisance. �A,YOR`� OFFiCf :.• �. .,. . ; � L 'Fhe City will spend funds to wreck and remove tlais building(s). These costs will be assessed to the properly, collected as a special assessment agaznst the property taxes. tT riinsanoe coriditiori will remazn unabated in the City. This building(s) will continue to blight the commucnty. � - , �OTAL AMOUNi OF TRANSACTION S COST/REVENUE BUDQETED (GRCLE ONE7 YES NO Nuisance Housang Abatement i °UNDING SOURCE ACTNI7V NUMBER 9NANCNL INFORhWTION (E1�WN) • � ) R 1 ' �l:l t �+�v r � DEPAR7MENr �F FIR�' A'�iD S`�FEn SERVICES - Timothy K Fuller, Frre Chief � Q �y � B p i DMSION OF PROPERTY CODE ENFORCEMENC Charks YoteL Program Directos CI'�'Y OF SAINI' PAUL Nuisance Building Cade Enfo�cement S55 Cedar Sbeet Tel: 612-298-4153 Norm Colemam �Llayor Fax: 612-228-3l Sain[ Pavt, ALY SSIOI � Aprii 3, 1998 NOTICE OF PIJBLIC HEAKINGS Council President and Members of the Ciry Council Department of Fire and Safety Services, Vacant/I`Iuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 948 Forest Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, May 5, 1998 City Council Aearing - Wednesday, May 13, 1998 The owners and responsible parties of record are: Name and Last Known Address Interest Edward McKnight Fee Owner clo Brian Barager HCR 60 P.O. Box 340B Pine River, MN 56474 NovaStar Mortgage Co. Lienholder 1900 West 47th Pl. Westwood, KS 66205 pttn: I,oan #1057 7ames 7. Tuzinski 7050 Brooklyn Blvd. Mpls., MN 55429 Attorney for Mortgage Co. '�w�°'t��t�zv$e P.�.°��.�`�,ivn tlV:�,�.��.� �; � � 9 �� q 8 -ti�� 948 Forest Sueet April 3, 1998 Page 2 The legal description of this property is: I,ot 4, Block 3, Auditor's Subdivision No. 7, St. Paui, Minn. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by L,egislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then irnown responsible parties to eliminate this nuisance condition by correctina the deficiencies or by razing and removing this buiiding(s). Inasmuch as this Order to Abate has not been compiied 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 assessment to be collected in the same manner as taxes. S' erely, � o ^�"� Reneta Weiss Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Services I• • � cc: Frank Berg, Buildin; Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshali Dan Pahl, PED-Housing Division 1 •: �Ig -Ht8' � L�,��Y�M��I�7��Cs3 Date: May 5,1998 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Bonlevazd Gerry Strathman Legislative Hearing Officer i. Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (I.aid over from 2-3-98) The Legislative Hearing Officer recommends withdrawing the resolution. 2. Resolution ordering the owner to remove or repair the building located ai 2125 Waukon Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Laid over from 2-3-98) The Legislative Hearing Off'icer recommends amending the order to remove or repair by September 28, 1998. 3. Summary abatement appeal for 328 Lexineton ParkwayNorth. (Iaid over from 47-98) The Legislative Hearing Officer recommends denying the appeal. 4. Summary abatement appeal for 663 York Avenue. (Laid over from the 4-22-98 City CouncIl meeting) The I.egislative Hearing Officer recommends denying the appeal. 5.� Resolution ordering the owner to remove or repair the building located at 948 Forest "✓ Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislative Hearing Of£cer recommends amending the order to remove or repair to five days. °l'� -�� h �" �� MINLJTES OF TI� LEGISLATIVE HEARING May 5, 1998 Room 330, City Iiall Gerry Strathman, Legislative Hearing Officer STAFP' PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy Willits, Property Code Bnforcement Note: All addresses aze laid over to the May 13 City Council meeting. Geiry Strathman called the meeting to order at 10:01 am. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeared and stated he had his gazage tom down. Mr. Casland received a note from his tenants that the inspector had been there that weekend and had given an extension of 6me. 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. T`he inspector said it was a warning, not an extension. Mr. Casland went to court, paid a reduced fine, and thought it was a11 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 appeared and stated he spent 5aturday and Sunday dismantling the gazage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What was left was a$50 pickup load. Mr. Tessmer was charging $200 for the whole thing. He is surprised the City chazged $900 after 18 hours of work had been put into it. Mr. Tessmer stated there were 11 Ures, 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 garage was partially collapsed. Gerty Strathman stated it looked like the garage was down in the video. Gerry Strathman looked at the bill. From the video and from what he heard, Mr. Strathman felt the charge was excessive. However, the owner was cieazly notified and had an opportunity to remove the problem. q�-y13� ��Il�liyY�T.`79LZ!]��:I��I�CitC'j�lY►i/�i:1�7\�I�Ct7ij�.'S. ': � . Getry Strathman recommends the cost be cut in hal£ $400 plus a$40 service fee instead of $861 plus the $44 service fee. �53 Edmund Avenue A video was shown. James Morgan and 7eannie Miller, owners, agpeared. 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 $314. Gerry Strathman looked at the bill which showed an hour was $1 SO and five yards 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 $18Q 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. 3eannie Miller stated the outside of the house was being remodeled and siding was being installed. Some of the things stacked there were from the siding job. It is hard to haul things away two to three times. There shouid be a standard. 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. 3trathman responded technically yes, hut if no one complains then an owner can take a while Ionger. These orders were issued on December 16 and the work was not done until 7anuary 22, which is about five weeks. Gerry Strathman recommends the charge be reduced to $ lOQ plus $90 for disposal of the trash and $40 service fee for a total of �230. The owner was notified, but he wili take the owner's word that the worker told him a diffarent cost. 2125 Waukon Avenue (Laid ovet from 2-3-98) Chuck Votel reported the following has been done since February 3: the bond has been posted, a Code Compliance lnspection has been done, a building permit has been issued. This pernut expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Strathman recommends the order be amended to September 28, 1998. 328 Le�naton Parkwav North (Laid over from 4-7-98) Chuck Votel reported the owner is appealing the demolition of the buiiding. The total cost of the demolition was $23,307.06. There were public hearings held about the property. 'The City G�-y\� MINUTES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 3 Council ordered repair or remove. When the owner failed to repair the building, the City removed it. Mohanimed Shahidullah, owner, stated Gerry Strathmazi 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 nat appear at the City Council hearing and asked what was the process of notifying the owner that the recommendation was not accepted by the CouncIl. Chuck Votel answerea he has documentation that the owner was mailed a certified copy of the resolution. Crerry 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 restraining 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 Degartment. 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. Shahiduliah received that is up to an attorney. Mohaznmed Shahidullah stated $23,000 is a lot of money. For piece of mind, he asked can this assessment be forgiven. Gezry Strathman responded that is unlikely. Thera aze no extraordinary circumstances here. The work was done. The bill was sent. Mr. Shahidullah stated he never re�eived detailed expenses. Gerry Strathman recommends denying the appeal. 948 Forest Street No one appeazed representing the property. Chuck Votel reported this was condemned in June 1997 and has been vacant since August 1997. The owner has not discussed his intentions with Mr. VoYel's office. Attached to the paperwork on this property is a letter from NovaStar Mortgage Company indicating they intend to take the property over through fareclosure and wili get back to Mr. Votel's o�ce when the mortgage foreclosure and redemption period is completed. There is no date specific, but NovaStaz is trying to do a speedy foreclosure on the property. NovaStaz was noti�ed of this hearing, but are not here. The City has issued four summary abatement notices. The building has been secured by �� -�1�� MINL3TES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 4 the City. The reai estate taxes for 1997 and the vacant building fees aze unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following 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, represenfing 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. Gerry 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 Banfil5treet Chuck Votel reported these two properties ad}oin each other and the situation for both is very similar. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has noY been occugied 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 properry. There have been five summary abatement notices issued for 449 Banfil and four issued for 447 Banfil. The notices are for cutting tall grass and weeds, removing refuse and animal feces, and securing the building. Tt�e City has had to board the building. The registration fees are due on both properties and citations have been issued for this reason. Taxes aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $50,000 for 449 Banfil. The cost to demolish is $9,300 for 447 Banfil and $�,319 for 449 Banfil. People from the neighborhood have complained about the properry. Gerry Suathman 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 o�ce 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. Votei'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. �� _ y �� 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 approval of the 15 day order to remove or repair. 10(IS Jessie Street Susan Mercurio, 1032 Duluth Street #{206, Arthur and Dorothy Johnson, 1136 East Magnolia Avenue, appeazed. Ms. Mercurio is the contraci for deed holder. Arthur 7ohnson has power of attomey for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May 1497. Six summary abatement notices have been issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing gr�ti. The building has been 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 7ohnsons have cleaned up the yazd severai 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 cal]ed the police at one point because it was snowing and thexe were clearly footprints in the snow from the next door home. There aze constant police calls to 1001 Jessie. There are two teenage boys living there and the mother had admitted to the police that she cannot control them. Tfie neighbors at 997 3essie aze also having problems. Ms. Mercurio plans to put up a very strong security fence between her and 10013essie. She has custody of her 14 month old and three year old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has slowed down her mortgage process. When the mortgage lender found out the house was in the process of condemnation, he asked for a feasibility study. This was done. The house is structurally sound. The only thing wrong with it is the vandalism. Gerry Strathman asked when can the rehabilitation be completed. Susan Mercurio responded she posted the bond, has a buiiding permit, and hopes to have the building done in six months. Chuck Votel stated the vacant building fee is paid. Gery Suathman recommends amending the order to October 16, 1998 to remove or repair the building. 4'74 Sherburne Avenue Guy Willits reported this was for scattered garbage, gazbage bags, and refuse. ��-y`� MINUTES FROM TI� LEGISLATIVE HEARING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Macvland Avenue Guy Willits reported the summary abatement notice was sent 7anuary 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 Strathman asked did he get the notices that were sent out. Mr. Burks responded yes. Mr. Strathman stated sidewalks have to be clear full width. Chuck Votel added there is a bus stop there. Mr. Suathman stated busy streets get complaints when people are going to the bus stop. Gerry 5trathman recommends reducing the assessment to $137.50. The City crew was in the neighborhood for two addresses so it probably cost less to do this address. 9 Acker Street West (Laid over from 23-98) 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 meeting) No one appeared. A video was shown. Chuck Willits reparted the gatage was dilapidated, leaning, hazzardous, and open to access. Gerry Suathman recommends denying the appeal. MINUTES FR OM TE� LEGISLATIVE HEARING OF 5-5-98 673 Central Avenue West No one appeazed. Gerry Strathman denied tha appeal. The meeting was adjourned at 11:43 a.m. q�-yi� Page 7 ORIGINAL Presented By Referred To .Am�� e � sj l�i�� RESOLUTION CITY OF SAINT PAtlL, MINNESOTA Council File # Green Sheet # `�7 -y� \ �� 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 four-plex, with a detached, two-stall, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly lrnown as 948 Forest Street. This propeny is legally described as follows, to wit: Lot 4, Block 3, Auditor's Subdivision No. 7, St. Paul, Minn. QVHEREAS, based upon the records in the Ramsey County Recorder's Off'ice and information obtained by Division of Code Enforcement on or before January 8, 1998, the following are the now known inter8sted or responsible parties for the Subject Property: Edward McKnight, c/o Brian Barager, HCR 60 P.O. Box 340B, Pine River, MN 56474; NovaStar Mortgage Co., 1900 West 47th Pl., Westwood, KS 66205, Attn: Loan #{1057; James J. Tuzinski, 7050 Brooklyn Blvd., Mpls., MN 55429 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul L.egislative Code an order identif'ied as an "Order to Abate Nuisance Building(s)" dated February 23, 1998; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Properry is a nuisance building(s) pursuant to Chapter 45; and WT-IEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Properry by March 25, 1998; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring tlus building(s) to constitute a nuisance condition; subject to demolirion; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the I.egislative Hearing Officer of the City Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code, of the time, date, place and purpose of the public hearings; and 9g -41$� WFiEREAS, a hearing was held before the L.egislative Hearing Officer of the Saint Paul City Council on Tuesday, May 5, 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 ffie Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternarive by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitarion or demolition of the structure to be completed within�€tfteea-( days after the date of the Council Hearing; and �;��C.s� WI�REAS, a hearing was held before the Saint Paul City Council on Wednesday, May 13, 1998 and the testimony and evidence including ffie action taken by the Legislative Aearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon ffie testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 948 Forest Street: 1. That the Subject Property comprises a nuisance condition as defined in Saint Pau1 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 Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That 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 monitared by the Depariment of Fire and Safety Services, Division of Code Enfarcement, Vacant/Nuisance Buildings. 8. That the lmown interested parties and owners aze 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: i. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rebabilitating tlus structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicahle codes and ordinances, or in the alternative by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the struciure must be completed within �fi€tees-F13} days after the date of the Council Hearing. `��v �LS1 ORIG{NAL � 2 3 4 5 6 7 8 9 10 11 12 13 14 �(�-y�8' 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 LegislaAve Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fuctures 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 property 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,egislauve Code. Requested by Department of: Fir Code Enforcement Division By: � t� f �a0 t� Form Approved by City Attorney Adopted by Council: Date Iv 13 `q.�� Adoption Certified by Council S retary By: ��.� ^'. L�" C� Division of Code Enforcement May 13, 1998 292-7718 �� TOTAL # OF SIGNATURE PAGES DATEINRIATED oa�o3t9a GREEN SHEET �.M,�.�,� � ��. at -41� 61592 ❑ �+� �-�-�8 ❑ � a �,..,�„ �,� ❑ �,«� ❑ �w.�.a.� �.�,��..�* ❑ (CLIP ALL L ATIONS FOR SIGNATUREj 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 properry is located at 948 Forest Street. o� PWNNING COMMISSION CIB COMMfITEE CIVIL SERVICE CAMMISSION Has thic persaJfirtn ever vrorKed untler a con4act lor ihis departmeM? YES NO Has vxe v�Rrm ever been a oily empwyee9 YES NO �oes this person/frm possess a slull not riormallypossessed by airy curteM city empbyee7 YES NO Is this peison/frtn a targetetl vendoR YES NO �lain all ves ansMers m seoarate sheet ard attach to oreen shee[ 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 948 Forest Street by Mazch 25, 1998, and have failed to comply v,dtli those orders. APR — 9 i9'J� The CiTy will eliminate a nuisance. �A,YOR`� OFFiCf :.• �. .,. . ; � L 'Fhe City will spend funds to wreck and remove tlais building(s). These costs will be assessed to the properly, collected as a special assessment agaznst the property taxes. tT riinsanoe coriditiori will remazn unabated in the City. This building(s) will continue to blight the commucnty. � - , �OTAL AMOUNi OF TRANSACTION S COST/REVENUE BUDQETED (GRCLE ONE7 YES NO Nuisance Housang Abatement i °UNDING SOURCE ACTNI7V NUMBER 9NANCNL INFORhWTION (E1�WN) • � ) R 1 ' �l:l t �+�v r � DEPAR7MENr �F FIR�' A'�iD S`�FEn SERVICES - Timothy K Fuller, Frre Chief � Q �y � B p i DMSION OF PROPERTY CODE ENFORCEMENC Charks YoteL Program Directos CI'�'Y OF SAINI' PAUL Nuisance Building Cade Enfo�cement S55 Cedar Sbeet Tel: 612-298-4153 Norm Colemam �Llayor Fax: 612-228-3l Sain[ Pavt, ALY SSIOI � Aprii 3, 1998 NOTICE OF PIJBLIC HEAKINGS Council President and Members of the Ciry Council Department of Fire and Safety Services, Vacant/I`Iuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 948 Forest Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, May 5, 1998 City Council Aearing - Wednesday, May 13, 1998 The owners and responsible parties of record are: Name and Last Known Address Interest Edward McKnight Fee Owner clo Brian Barager HCR 60 P.O. Box 340B Pine River, MN 56474 NovaStar Mortgage Co. Lienholder 1900 West 47th Pl. Westwood, KS 66205 pttn: I,oan #1057 7ames 7. Tuzinski 7050 Brooklyn Blvd. Mpls., MN 55429 Attorney for Mortgage Co. '�w�°'t��t�zv$e P.�.°��.�`�,ivn tlV:�,�.��.� �; � � 9 �� q 8 -ti�� 948 Forest Sueet April 3, 1998 Page 2 The legal description of this property is: I,ot 4, Block 3, Auditor's Subdivision No. 7, St. Paui, Minn. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by L,egislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then irnown responsible parties to eliminate this nuisance condition by correctina the deficiencies or by razing and removing this buiiding(s). Inasmuch as this Order to Abate has not been compiied 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 assessment to be collected in the same manner as taxes. S' erely, � o ^�"� Reneta Weiss Vacant Buildings Supervisor Division of Code Enforcement Department of Fire and Safety Services I• • � cc: Frank Berg, Buildin; Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshali Dan Pahl, PED-Housing Division 1 •: �Ig -Ht8' � L�,��Y�M��I�7��Cs3 Date: May 5,1998 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Bonlevazd Gerry Strathman Legislative Hearing Officer i. Resolution ordering the owner to remove or repair the building located at 9 Acker Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (I.aid over from 2-3-98) The Legislative Hearing Officer recommends withdrawing the resolution. 2. Resolution ordering the owner to remove or repair the building located ai 2125 Waukon Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (Laid over from 2-3-98) The Legislative Hearing Off'icer recommends amending the order to remove or repair by September 28, 1998. 3. Summary abatement appeal for 328 Lexineton ParkwayNorth. (Iaid over from 47-98) The Legislative Hearing Officer recommends denying the appeal. 4. Summary abatement appeal for 663 York Avenue. (Laid over from the 4-22-98 City CouncIl meeting) The I.egislative Hearing Officer recommends denying the appeal. 5.� Resolution ordering the owner to remove or repair the building located at 948 Forest "✓ Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The I.egislative Hearing Of£cer recommends amending the order to remove or repair to five days. °l'� -�� h �" �� MINLJTES OF TI� LEGISLATIVE HEARING May 5, 1998 Room 330, City Iiall Gerry Strathman, Legislative Hearing Officer STAFP' PRESENT: Roxanne Flink, Real Estate; Chuck Votel, Property Code Enforcement; Guy Willits, Property Code Bnforcement Note: All addresses aze laid over to the May 13 City Council meeting. Geiry Strathman called the meeting to order at 10:01 am. 1130 Bush Avenue A video was shown. Tony Casland, owner, appeared and stated he had his gazage tom down. Mr. Casland received a note from his tenants that the inspector had been there that weekend and had given an extension of 6me. 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. T`he inspector said it was a warning, not an extension. Mr. Casland went to court, paid a reduced fine, and thought it was a11 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 appeared and stated he spent 5aturday and Sunday dismantling the gazage. There was one full pickup left to haul away. The City workers also took his hammer and a crow baz. The workers could have seen that someone was just there because it had snowed and there were footprints. What was left was a$50 pickup load. Mr. Tessmer was charging $200 for the whole thing. He is surprised the City chazged $900 after 18 hours of work had been put into it. Mr. Tessmer stated there were 11 Ures, 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 garage was partially collapsed. Gerty Strathman stated it looked like the garage was down in the video. Gerry Strathman looked at the bill. From the video and from what he heard, Mr. Strathman felt the charge was excessive. However, the owner was cieazly notified and had an opportunity to remove the problem. q�-y13� ��Il�liyY�T.`79LZ!]��:I��I�CitC'j�lY►i/�i:1�7\�I�Ct7ij�.'S. ': � . Getry Strathman recommends the cost be cut in hal£ $400 plus a$40 service fee instead of $861 plus the $44 service fee. �53 Edmund Avenue A video was shown. James Morgan and 7eannie Miller, owners, agpeared. 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 $314. Gerry Strathman looked at the bill which showed an hour was $1 SO and five yards 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 $18Q 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. 3eannie Miller stated the outside of the house was being remodeled and siding was being installed. Some of the things stacked there were from the siding job. It is hard to haul things away two to three times. There shouid be a standard. 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. 3trathman responded technically yes, hut if no one complains then an owner can take a while Ionger. These orders were issued on December 16 and the work was not done until 7anuary 22, which is about five weeks. Gerry Strathman recommends the charge be reduced to $ lOQ plus $90 for disposal of the trash and $40 service fee for a total of �230. The owner was notified, but he wili take the owner's word that the worker told him a diffarent cost. 2125 Waukon Avenue (Laid ovet from 2-3-98) Chuck Votel reported the following has been done since February 3: the bond has been posted, a Code Compliance lnspection has been done, a building permit has been issued. This pernut expires September 25, 1998. Mr. Votel recommends the order be amended to reflect that date. The owner stated the work can be done by September 28. Gerry Strathman recommends the order be amended to September 28, 1998. 328 Le�naton Parkwav North (Laid over from 4-7-98) Chuck Votel reported the owner is appealing the demolition of the buiiding. The total cost of the demolition was $23,307.06. There were public hearings held about the property. 'The City G�-y\� MINUTES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 3 Council ordered repair or remove. When the owner failed to repair the building, the City removed it. Mohanimed Shahidullah, owner, stated Gerry Strathmazi 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 nat appear at the City Council hearing and asked what was the process of notifying the owner that the recommendation was not accepted by the CouncIl. Chuck Votel answerea he has documentation that the owner was mailed a certified copy of the resolution. Crerry 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 restraining 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 Degartment. 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. Shahiduliah received that is up to an attorney. Mohaznmed Shahidullah stated $23,000 is a lot of money. For piece of mind, he asked can this assessment be forgiven. Gezry Strathman responded that is unlikely. Thera aze no extraordinary circumstances here. The work was done. The bill was sent. Mr. Shahidullah stated he never re�eived detailed expenses. Gerry Strathman recommends denying the appeal. 948 Forest Street No one appeazed representing the property. Chuck Votel reported this was condemned in June 1997 and has been vacant since August 1997. The owner has not discussed his intentions with Mr. VoYel's office. Attached to the paperwork on this property is a letter from NovaStar Mortgage Company indicating they intend to take the property over through fareclosure and wili get back to Mr. Votel's o�ce when the mortgage foreclosure and redemption period is completed. There is no date specific, but NovaStaz is trying to do a speedy foreclosure on the property. NovaStaz was noti�ed of this hearing, but are not here. The City has issued four summary abatement notices. The building has been secured by �� -�1�� MINL3TES FROM THE LEGISLATIVE HEARING OF 5-5-98 Page 4 the City. The reai estate taxes for 1997 and the vacant building fees aze unpaid. The cost to repair is $60,000 and the cost to demolish is $9,650. The following 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, represenfing 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. Gerry 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 Banfil5treet Chuck Votel reported these two properties ad}oin each other and the situation for both is very similar. 447 Banfil has not been occupied for over 30 yeazs. 449 Banfil has noY been occugied 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 properry. There have been five summary abatement notices issued for 449 Banfil and four issued for 447 Banfil. The notices are for cutting tall grass and weeds, removing refuse and animal feces, and securing the building. Tt�e City has had to board the building. The registration fees are due on both properties and citations have been issued for this reason. Taxes aze due on both properties. Personnel have not been inside 447 and 449 Banfil, but estimates for cost to repair were done from looking at the amount of deterioration on the exterior. The cost to repair is $70,000 for 447 Banfil and $50,000 for 449 Banfil. The cost to demolish is $9,300 for 447 Banfil and $�,319 for 449 Banfil. People from the neighborhood have complained about the properry. Gerry Suathman 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 o�ce 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. Votei'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. �� _ y �� 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 approval of the 15 day order to remove or repair. 10(IS Jessie Street Susan Mercurio, 1032 Duluth Street #{206, Arthur and Dorothy Johnson, 1136 East Magnolia Avenue, appeazed. Ms. Mercurio is the contraci for deed holder. Arthur 7ohnson has power of attomey for his mother Gladys Johnson, who owns the property. Chuck Votel reported the property has been vacant since May 1497. Six summary abatement notices have been issued for refuse and broken glass, securing the building and shed, cutting tall grass and weeds, and removing gr�ti. The building has been 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 7ohnsons have cleaned up the yazd severai 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 cal]ed the police at one point because it was snowing and thexe were clearly footprints in the snow from the next door home. There aze constant police calls to 1001 Jessie. There are two teenage boys living there and the mother had admitted to the police that she cannot control them. Tfie neighbors at 997 3essie aze also having problems. Ms. Mercurio plans to put up a very strong security fence between her and 10013essie. She has custody of her 14 month old and three year old grandchildren. Ms. Mercurio stated she does not have much money. She feels she can help stabilize the neighborhood. This condemnation has slowed down her mortgage process. When the mortgage lender found out the house was in the process of condemnation, he asked for a feasibility study. This was done. The house is structurally sound. The only thing wrong with it is the vandalism. Gerry Strathman asked when can the rehabilitation be completed. Susan Mercurio responded she posted the bond, has a buiiding permit, and hopes to have the building done in six months. Chuck Votel stated the vacant building fee is paid. Gery Suathman recommends amending the order to October 16, 1998 to remove or repair the building. 4'74 Sherburne Avenue Guy Willits reported this was for scattered garbage, gazbage bags, and refuse. ��-y`� MINUTES FROM TI� LEGISLATIVE HEARING OF 5-5-98 Page 6 A video was shown. The owner was satisfied that the City did the work. Gerry Strathman recommends denying the appeal. 741 Macvland Avenue Guy Willits reported the summary abatement notice was sent 7anuary 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 Strathman asked did he get the notices that were sent out. Mr. Burks responded yes. Mr. Strathman stated sidewalks have to be clear full width. Chuck Votel added there is a bus stop there. Mr. Suathman stated busy streets get complaints when people are going to the bus stop. Gerry 5trathman recommends reducing the assessment to $137.50. The City crew was in the neighborhood for two addresses so it probably cost less to do this address. 9 Acker Street West (Laid over from 23-98) 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 meeting) No one appeared. A video was shown. Chuck Willits reparted the gatage was dilapidated, leaning, hazzardous, and open to access. Gerry Suathman recommends denying the appeal. MINUTES FR OM TE� LEGISLATIVE HEARING OF 5-5-98 673 Central Avenue West No one appeazed. Gerry Strathman denied tha appeal. The meeting was adjourned at 11:43 a.m. q�-yi� Page 7