[Moermond gives background of appeals process]
Staff report by Supervisor Lisa Martin: a Vehicle Abatement Order was sent back on
November 8, 2022 for a white Mazda with many violations. Compliance date of
November 17. Issued an Excessive Consumption for noncompliance. Rechecked
November 17, wasn’t removed. No compliance until February 13, 2023. Four total
Excessive Consumptions sent. There was a tow order issued eventually. Total
proposed assessment of $159. There is some history, 7 garbage complaints in 2023.
Becker: it took us six months through the court. Mr. Brown is still homebound with
health issues, his tenants didn’t pay and he had to evict through the courts. We started
with an attorney last October. The end was May 23 when the sheriff was able to
physically remove them. The attorney said we couldn’t touch the things for 28 days.
We couldn’t do anything. As soon as we were clear of those 28 days, we’ve sold and
closed on it and there are new owners there.
When I speak with my client he asks why when the tenants are committing crimes,
one court says we can’t do anything and the other says we’re going to fine you for the
actions of the person illegally living there. It is a confusing and hard place for a
landlord to be, when one department gives one order and another a different one. I was
trying to communicate the entire time with the Fire inspector, I thought I was being in
contact with everyone, but it was only that department. I asked the tenant to remove
the car and he told me he would. Then he threatened me when I told him I was going to
have it towed. If I call the police there used to be a way to have a manger’s tow but I
was told that you can’t do that. They told me to tow it to the street and leave it there. I
told them I wasn’t going to do that. I called several tow companies who told me I
needed an order from the City, and I wasn’t able to do it. Enough excuses from me, is
there anything I can do now? When we closed last week Mr. Brown was assessed
several things at closing to be paid for, I don’t want the new owner to be assessed.
Outside of paying is there any leeway for me? Any way to have someone take the car
without title?
Moermond: you’re talking about a manager’s tow and a pending assessment at the
property at time of closing. I assume this was escrowed. I see three pending ones.
This one, then a property cleanup, and a boarding? Ms. Martin, you deal with the St.
Paul Police Department on manager tow issues and abandoned vehicles. Certainly this
appeared inoperable, it was missing front tires.
Martin: usually if the police find something in that condition they would consider it
dangerous and tow it right away. To have it there that long is not very well maintained.
Becker: I didn’t get any of the letters from the City I didn’t get until closing.
Moermond: they were with Mr. Brown, who did receive legal notice. I guess I am
struggling with how taxpayers at large should be responsible for removing a junk
vehicle from private property. Responsibilities lies with the owner of the property and
reaching out to the inspector.
Becker: it ultimately lies with the tenant.
Moermond: it is the private property owner who has a contract with the tenant. Abating
nuisances have property taxes attached to them, and that is all about the owner.
Becker: right, I got it. Should I get rid of the car? Pay those assessments? Should I
do something? Can you email whatever is owed and I will pay that. I can work on
getting the car out of there soon.