HomeMy WebLinkAbout2019-12-10 CC Packet Enclosure '
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Oak Park Heights
Request for Council Action
Meeting Date December 10th,2019
Time Required: 10 Minutes
Agenda Item Title: 5627 Perkins Ave— •' e C• •'ti 1:,s/Action
Agenda Placement New Business
Origin ting Dcpartnent/Reque .or: . ...-
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Requester's Signature
Action Requested Discussion,.:•s•i. - Action.
Background/Justification(Ple.h: indicate if any previous action has been taken or if other public
bodies have advised): r
Please review the Enclosed Memo and Documents,
i
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City of Oak Park Heights Page 1 oft
14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)4394439•Fax(651)439-0574
12/5/19
TO: Mayor& City Council Me ers//
FROM: Eric Johnson,City Acini' °•.
RE: Repairs at 5627 Perkins Av•
Since January of 2019,the City has mad- several attempts to motivate the owners of the property
at 5627 Perkins Ave.to address significant issues related to the home's hazardous condition,
both external and internal. While some items have been addressed,many items remain. Please
see the enclosed memo dated 11/20/19 from the Building Official that summarizes the matter and
its results to date.
At this time,the City has two basic options:
1. Continue to request the owner,who resides at the property, to complete these items. This
engagement to date has not resulted in any anticipated targets for completion.
2. Enable the Office of the City Attorney to undertake the final,but necessary court action
under Minnesota Statutes §§ 463.19 and 463.21 to enable the City to enter the property,
physically complete the repairs itself,and assess all costs to the property owner. This
action would be consistent with the Council's resolution 19-01-06 (enclosed)as passed in
January 2019. Authorizing the court action could be made by a simple motion of the
Council.
Proposed Motion: The Council authorizes city staff and the city attorney to proceed with a
court action against the property owners to enforce the terms of Resolution 19-01-06.
Page 146 of 162
Memo
To: Eric Johnson,City Administrator
From: Julie Hultman,Building Olfic
s
Date: November 20,2019
Re: 5627 Perkins Ave. N.
As you recall there were two fire incidents at 5627 Perkins Ave. N. on December 27, 2018,
wherein electrical and mechanical safety concerns were observed by responding members of
the OPH Police Department.
Steve Berres, the home owner at the time, was directed to contact licensed electrical and
mechanical contractors to inspect those systems for safety and to address life safety issues
identified by both. Mr. Berres did contact O'Neill Electric and Apollo Heating & Air
Conditioning to inspect and evaluate the systems. Both agencies visited the home on
12/27/18 and followed up with their written evaluation/recommendations to the City and
also contacted Mr. Berres with their findings.
I conducted a home visit on 12/11/18, with the permission of Lisa Kroska, who resides at the
home with Michael Hull and were the tenants at the time. Mr. Hull has since purchased the
home from Mr. Berres on a contract-for-deed arrangement. Written and visual findings of
this visit were provided to you in my 12/27/18 memo.
Based upon observations and recommendations from City Staff,the OPH City Council adopted
Resolution 19-01-06 on January 8, 2019 declaring the property at 5627 Perkins Ave. N. to be
found as hazardous and the building substandard as set forth in Minnesota Statutes Chapter
463 and further declared it to be a public nuisance under applicable City Code because of
inadequate maintenance, dilapidation, physical damage, unsanitary condition and unsafe
conditions, and that it constituted a fire hazard and a hazard to public safety and health,
particularly to its occupants and other nearby properties. The City Council's resolution
ordered as follows:
1. That the following repairs to the Property must be completed no later than June 30,
2019:
a. Repair of the electrical systems throughout the Property to be compliant with
Building Code and as recommended by O'Neill Electric, including installation of
permanent wiring and elimination of the use of extension cords to power
appliances or other devices, with work to be performed by a duly licensed
electrical contractor;
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[01501-33195/2629891/1]
b. Repair of the plumbing systems throughout the Property to be compliant with
the Building Code, with work to be performed by a duly licensed plumbing
contractor;
c. Repair of the HVAC systems throughout the Property to be compliant with the
Building Code and as recommended by Apollo HVAC,with work to be
performed by a duly licensed HVAC contractor, including proper exterior
venting of the clothes dryer and any other vented appliances;
d. Repair of ducts for furnace, dryer and water heater to be Building Code
compliant;
e. Repair of the structural elements of the Property as inspected and
recommended by a duly licensed structural engineer;
f. Repair/replacement of the roof on the Property;
g. Repair/replacement of the exterior siding on the Property;
h. Repair/replacement of all exterior windows in need of repair or not properly
installed to Building Code standards;
i. Remediation of any moisture intrusion damage or water damage that is
identified during the repair process; and
j. Installation of functioning smoke and carbon monoxide detectors on each level
of the Property.
2. That in lieu of the foregoing repairs, which are extensive and may be cost prohibitive
given the age, condition and value of the Property, then the City Orders that the
Property be razed and torn down.
3. That the City recommends that the Property should not be inhabited unless and until
such repairs are completed and the tenants therein should immediately vacate the
premises for their own safety and well-being. The City will offer and provide a
monetary reimbursement of up to $500.00 to the current tenants/occupants of the
Property for any actual relocation costs incurred by them (upon providing written
proof of the relocation expenditure) if they choose to promptly vacate the premises as
recommended.
4. If the current tenants/occupants choose to relocate, then the Owner shall be
prohibited from placing any new tenants/occupants into the Property unless and until
all required repairs are completed and approved by the Building Official.
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[01501-33195/2629891/1]
5. The owner and occupants are hereby notified that a motion for summary enforcement
of this Order will be made to the Washington County District Court unless timely
corrective action is taken, or unless and answer is filed within the time specified in
Minn.Stat. §463.18.
6. The Owner and occupants are further notified that enforcement of this Order in the
court will include a request that the City be permitted to enter onto the Property per
Minn. Stat. § 463.151 and abate and correct all conditions thereon, up to and
including razing the hazardous building, and assess all reasonable costs therefore
against the Property, or obtain a personal judgment against the owner, pursuant to
Minn. Stat. §463.21.
7. This Order shall be served upon the owner of record, upon the occupying tenant, and
upon all lien holders of record, in the manner provided for service of a summons in a
civil action. If the owner cannot be found, the order shall be served upon the owner
by posting it at the main entrance of the building, and by four week's publication in
the official newspaper of the City.
At some point subsequent to January 8, 2019, owner Steven Berres apparently sold the
property to Mr. HuIII and/or Ms. Kroska on a contract for deed. Notably, however, the City
did utilize a process server to personally serve a copy of Resolution 19-01-06 upon Hull and
Kroksa as tenants/occupants on January 24, 2019, thus their purchase of the property was
undertaking with full knowledge of the City's directives.
Since December 27, 2018 two work permits have been issued.
• A licensed contractor pulled a permit for the replacement of the water heater and has
received final Inspection.
• The second permit, for roofing work to part of the house and was pulled by Mr. Hull
and Mr. Berres. Mr. Hull paid for the permit. This has not yet received final inspection
approval due to issues regarding verification of ice and water installation.
• Electrical work was done and a new panel installed. This work did receive final
inspection by the MN State Electrical Inspector.
There have been no other work permits applied for or issued.
With permission of the property owners, I re-inspected the Property on September 20,2019.
During my inspections, and assumingly continuing as of today, the following remain
unaddressed or undocumented:
o Beyond the water heater replacement, I have not been contacted by anyone as to a
review of the plumbing systems in the home or to request a work permit to them.
o I have not been contacted by anyone as to the HVAC system in the home. The dryer
venting has not yet been satisfactorily addressed. Mr. Hull is addressing the
correction.
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[01501-33195/2629891/1]
o I have not been contacted by anyone as to a structural inspection, nor have I received
information as to one having been conducted.
o The rear lower level roof elevation remains unchanged. The front roof elevation'has
had a roof permit pulled for work which remains open due to issues regarding
verification of ice and water insulation as noted above.
o No work has occurred to the siding.
o No work has occurred to any windows.
o Moisture intrusion/damage remains largely unidentified due to there being no work to
the windows, siding or rear lender roof elevation. The doors to the lower level at the
rear of U ie Nurlie, are moisture (exterior water has deteriorated the wood material
and the two doors are in damaged condition) and otherwise damaged and remain in
need to replacement.
Mr. Hull claims to be addressing a correction to the dryer venting and has Indicated that he
plans to address work needed to the roof and siding. He also claims to be finalizing placement
of smoke and carbon monoxide alarms to required areas of the home. I have provided he and
Lisa Kroska with information for Habitat for Humanity's assistance program; however, my
understanding from Habitat is that the application period has closed for 2019.
The home has been somewhat cleaned up and I remain hopeful that Mr. Hull will address the
needs of the home now that it is under his ownership, but the fact remains that the Property
is still out of compliance with the City Council's Order issued now over 11 months ago.
Page 150 of 162
[01501-33195/2629891/1]
RESOLUTION NO, 19-Q1-06
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND ORDERING
THE REPAIR OR REMOVAL OF HAZARDOUS BUILDING LOCATED
AT 5627 PERKINS AVENUE NORTH
WHEREAS,the property located at 5627 Perkins Avenue North in the City of Oak Park Heights
(hereinafter"Property"),as legally described on the attached"Exhibit 1,"has recently had
multiple calls outs of the fire department due to smoke and possible fires occurring in the
Property,during which the fire department noted potential code compliance concerns and so
advised the City Building Official; and
WHEREAS,the City's Building Official Julie Hultman asked the owner to have the Property
inspected by qualified licensed contractors in response to the fire department's concerns;and
WHEREAS,the Property was inspected by O'Neill Electric and Apollo Heating and Air
Conditioning at the request of the owner,and said contractors have provided reports to the City
of safety concerns,hazardous conditions,and necessary repairs for the Property,and
WHEREAS,the interior and exterior of Property were later personally inspected by the Building
Official with the consent of the occupants. The Building Official noted numerous issues of
concern during her inspection,including structural,electrical and mechanical issues;and
WHEREAS,the findings of the Building Official,O'Neill Electric,and Apollo Heating and Air
Conditioning are summarized in a report of the Building Official dated December 27,2018,
which is attached hereto as"Exhibit 2"and incorporated herein by reference;and
WHEREAS,based upon the foregoing information and exhibits,the City Council of the City of
Oak Park Heights makes the following findings of fact regarding the Property:
1. The Property has not had any building permits issued for any remodeling or repair work
since 1990. Despite this fact,it appears that numerous substandard construction or repair
projects have been performed,including addition of a noncompliant bathroom facility in
the basement and a noncompliant remodeling of an upstairs bathroom.
2. The electrical system within the Property is in disarray and unsafe. Non-code compliant
electrical wiring work has been performed,including open and exposed wires at the
electrical panel. Moreover,multiple appliances in the Property are powered by long
extension cords running to distant electrical outlets,leadin_ hazards
to saf and fire
concerns.
certify that this is a true and
correct copy of the original filed
at Oak Park Heights City Hall
City x'' Date
3. Non-code compliant plumbing installations have been performed at the Property. This
includes the addition of a cobbled-together bathroom in the basement, as well as a non-
compliant bathroom remodel in an upper-level bathroom that has resulted in leaking
plumbing and water flowing through the floor and into a closet on the main level of the
Property. This is a safety concern leading to likely mold growth inside the Property.
4. The Property appears to suffer from significant settling and shifting of the home
structure, such that the floors are visibly drooping and have been shimmed with various
materials and the floors are propped up in multiple locations with jacks or lumber in the
basement.This is a safety concern for potential collapse of the structure.
5. The clothes dryer is improperly vented into a wall cavity and into the furnace system
rather than to the exterior of the home.This is a safety concern for potential carbon
monoxidc buildup and/or urs.
6. The roof is in disrepair and in need of replacement and there are no gutters on the
Property. This is a safety concern for moisture intrusion,pest intrusion,and potential
collapse of the roof structure.
7. The windows and window frames are in poor condition with peeling paint and ill-sized
windows installed in existing openings and then sealed with foam. This is a safety
concern for moisture and/or pest intrusion.
8. Several areas of exterior siding are loose or have holes in them, and are in need of proper
repair or replacement.This is a safety concern for moisture and/or pest intrusion.
9. The Building Official further notes that the Property is in need of review by a structural
engineer and any identified structural problems should be repaired.
10. The Building Official notes the property is hazardous,unsafe and uninhabitable,and in
lieu of the foregoing extensive repairs,may be better off simply razed and torn down.
WHEREAS,the Property is owned by Steven L.Serres and currently rented to and inhabited by
Lisa Kroska and Michael Hull. Mr. Berres'last known mailing address per the tax records for
the Property is 2138 250th Street, St. Croix Falls, WI 54024; and
WHEREAS,Minn. Stat. §§463.15 to 463.261 provides the power to the City to demand the
repair or removal of hazardous or substandard buildings for the benefit of public health and
safety; and
WHEREAS,the City's Code of Ordinances,section 1109.01,defines as a public nuisance any
property which endangers the health,safety,comfort or repose of the public or depreciates the
value of other properties in the City; and
2
Page 152 of 162
WHEREAS,the City's Code of Ordinances,section 1209.04.0,defines as a public nuisance any
building or alterations to buildings made in violation of fire ordinances and building codes
concerning manner and materials and construction;and
WHEREAS,the City is concerned for the safety of the occupants of the Property and would
prefer and recommend that the Property be vacated until it is properly repaired.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF OAK PARK HEIGHTS THAT THE CITY DECLARES AND ORDERS AS
FOLLOWS:
1. The City finds and declares that the Property located at 5627 Perkins Avenue North is a
hazardous and substandard building as set forth in Minnesota Statutes Chapter 463 and is
declared a public nuisance under applicable City Cade became cf inadequate
maintenance,dilapidation,physical damage,unsanitary condition,and unsafe conditions,
and constitutes a fire hazard and a hazard to public safety and health,particularly to its
occupants and other nearby properties.
2. The City orders that the following repairs to the Property must be completed:
a. Repair of the electrical systems throughout the Property to be compliant with
building code and as recommended by O'Neill Electric,including installation of
permanent wiring and elimination of the use of extension cords to power
appliances or other devices,with work to be performed by a duly licensed
electrical contractor;
b. Repair of the plumbing systems throughout the Property to be compliant with
building code,with work to be performed by a duly licensed plumbing contractor,
c. Repair of the HVAC systems throughout the Property to be compliant with
building code and as recommended by the report of Apollo HVAC,with work to
be performed by a duly licensed HVAC contractor,including proper exterior
venting of the clothes dryer and any other vented appliances;
d. Repair of ducts for fiance,dryer and water heater to be building code compliant.
e. Repair of the structural elements of the Property as inspected and recommended
by a duly licensed structural engineer;
f. Repair/replacement of the roof on the Property;
g. Repair/replacement of the exterior siding on the Property;
h. Repair/replacement of all exterior windows in need of repair or not properly
installed to building code standards.
i. Remediation of any moisture intrusion damage or water damage that is identified
during the repair process.
j. Installation of fimctioning smoke and carbon monoxide detectors on each level of
the Property.
3. The City orders that the foregoing repairs be completed no later than June 30,2019,
which is deemed to provide a reasonable time to gain compliance.
3
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4. The Owner and his contractors shall obtain proper building permits for all work to be
performed, and all repair work shall be duly inspected by the Building Official as the
work progresses.
5. In lieu of the foregoing repairs, which are extensive and may be cost prohibitive given the
age, condition, and value of the Property, then the City orders that the Property be razed
and torn down.
6. The City recommends that the Property should not be inhabited unless and until such
repairs are completed and the tenants therein should immediately vacate the premises for
their own safety and well-being. The City will offer and provide a monetary
reimbursement of up to $500.40 to the current tenants/occupants of the Property for any
actual relocation costs incurred by them (upon providing written proof of the rciccati ,
expenditure) if th.ty ehccsc to promptly vacate the Pwwperty as recommended.
7. If the current tenants/occupants choose to relocate, then the Owner shall be prohibited
from placing any new tenants/occupants into the Property unless and until all required
repairs are completed and approved by the Building Official.
8. The owner and occupants are hereby notified that a motion for summary enforcement of
this Order will be made to the Washington County District Court unless timely corrective
action is taken, or unless an answer is filed within the time specified in Minn. Stat .§
463.18.
9. The owner and occupants are further notified that enforcement of this Order in the court
will include a request that the City be permitted to enter onto the Property per Minn. Stat.
§ 463.151 and abate and correct all conditions thereon, up to and including razing the
hazardous building, and assess all reasonable costs therefore against the Property, or
obtain a personal judgment against the owner, pursuant to Minn. Stat. § 463.21.
10. This Order shall be served upon the owner of record, upon the occupying tenant, and
upon all lienholders of record, in the manner provided for service of a summons in a civil
action. If the owner cannot be found, the order shall be served upon the owner by posting
it at the main entrance to the building, and by four weeks' publication in the official
newspaper of the City.
Approved by the City Council of the City of Oak Park Heigh4 this 8th day of January, 2019.
-/7-
•
• . I ,morn Prez, Mayor
• ST:
Or, Pr-on, City Administrator
I s
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EXHIBIT 1
LEGAL DESCRIPTION
Lot 1,Block 2,Crofut and Beach's Addition to Oak Park,together with that portion of
vacated Levenworth Street adjacent thereto,Washington County,Minnesota.
PID:03.029.20.13.0024
5
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EXHIBIT 2
BUILDING OFFICIAL REPORT DATED 12/27/18
6
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City of Oak Park Heights
14168 Oak Park Blvd.N.
Oak Park Heights,MN 55082
Phone:651.439.4439 Fax:651.439.0.574
Memo
To: Eric Johnson,City Administrator
From: Julie Hultman,Building Offidal
Date: December 27,2018
Re: Condition of Rental Property @5627 Perkins Ave.N.
On 12/7/18 there were two fire incidents at the property. OPH PD notified me of concerns
observed as to safety at the property when called to the incidents, with regard to the
electrical and mechanical systems.
I contacted the home owner, Steve Berres by phone. Advising him of the situation, I
requested that he contact licensed electrical and mechanical contractors and have the
systems inspected for safety and that he would be required to address life safety issues
identified by both. Mr. Berres did contact O'Neill Electric and Apollo Heating & Air
Conditioning to inspect and evaluate the systems. Both agencies visited the home on 12/7/18
and follow up with their written evaluation/recommendations to the City and also contacted
Mr. Berres with their findings.See attached reports in Exhibit A to this memo.
On 12/11/18, I visited the home and was permitted entrance from Lisa Kroska,who resides at
the home with Michael Hull. i was escorted through each of the three floor and
ven
permission to photo the interior as well as the exterior of the home at the time of my visit.
Photos from the visit are attached within Exhibit B.
The house shows significant disrepair, due to neglect and shoddy work at some point in time
to various parts of the house. There is settling of the house, that is observable at the upper
level bathroom door frame,where it has come apart as the floor area appears to be dropping.
There are a number of jacks and wooden members situated throughout the basement that
appear to be in place to support the floor above or cover holes.
Remodeling has been done without permits, Including a bathroom remodel in the master
bedroom at the upper level,which has had plumbing issues resulting in water flowing through
the floor and into a closet area at the main floor. Photos show the work and damaged area,
which has been boarded over at the closet ceiling.
Page 157 of 162
City of Oak Park Heights
14168 Oak Park Blvd.N.
Oak Park Heights,MN 55082
Phone:651.439.4439 Fax:651.439.0574
The siding has holes in It and several areas around the home where pieces are pulled away
from the house.The roof is in disrepair.There are no gutters.Window frames are In poor
condition,with peeling of paint at the wood and windows having been installed to existing
openings at some time and sealed with foam.We did not visit the attic;however,given the
condition of the house exterior,it is likely that there is moisture Intrusion.
There is nnn-rrula compliant electrical work, including open and exposed wires at the
electrical panel,plumbing piping,Improper venting of appliances(of incident on 12/7118)was
the dryer exhaust not being vented to the outside and blowing into the wall cavity.The floor
vent In the kitchen produced smoke while a load of laundry was in the dryer and was found to
be connected to the furnace.Both O'Neill Electric and Apollo Heating&Air noted significant
repair needed to ensure the safety of the home to the electrical and mechanical systems.
It is my opinion that this property Is not safe to inhabit and that repairs are needed to the
electrical,plumbing,mechanical systems as well as to the roof,siding and Interior elements
so that safe systems and structural elements are In place.I would further note that the
structural elements should be reviewed by a structural engineer and repaired per his/her
findings. In lieu of the repairs,my recommendation would be that the house be torn down.
Mr. Berres has owned this property for many years, once residing there himself. The
property has been a rental property for a number of years.The current occupants advised me
that he has offered it as a rent to own and recently offered to sell it to them outright.
There have been three permits issued to this property since 1971.The most recent being a
residing permit from February of 1990. None of these to the current homeowner.
Page 158 of 162