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98-740Council File # �� ���o� ��1�1 i� Green Sheet # 60796 Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of 5aint Paul hereby certifies and approves the August 4, 1998 2 decision of the Legislative Hearing Offlcer on Property Code Enforcement Appeals for the following addresses: 3 Property Appealed Appellant 4 1148 Seventh Street West (Laid over from 7-14-98) Paul Mateyka, Sr. 5 Decision: Legislative Hearing Officer laid over this matter to the August 18 Properry Code Enforcement meeting. 6 596 Wells Street (Laid over from 7-21-98) Eugene Windom, 7r. 7 Decision: Legislative Hearing Officer laid over this matter to the September 1 Property Code Enforcement meeting. 8 1285 Hamline _A venue North (Rescheduled from 7-14-98) Robert Davis 9 Decision: Legislative Hearing Officer laid over this matter to the September 15 Property Code Enforcement meeung. 10 2188 Beech Street Warren and 3udith Ketola 11 Decision: Legislative Hearing Officer granted a variance with respect to the fence on the condition that the ladder and 12 any other device used to get into the pool is locked up when the pool is not being used. 13 905 Westminster Street William Wilcox 14 Decision: I.egislative Hearing Officer granted a variance with respect to the windows. 15 1372. 1390, 1392 Cazling Drive Kathleen Blazei for NHD Property Management 16 Co. 17 Decision: Legislative Hearing Officer ganted a variance on condition that all units have electrical dryers and no gas 18 dryers. 19 195 Exchange Street South (Laid over from 2-3-98) 3ames Killian for PZA, LLC 20 Decision: Legislative Hearing Officer laid over this matter to the December 1 Property Code Enforcement meeting. 21 1865 Wilson Avenue #305 (Laid over from 2-3-98) Floyd and Kira Fairow, Laura Jelinek, Atty. 22 Decision: Legislative Hearing Officer denied the appeal. 23 372 Clifton Avenue Gerald Maestas 24 Decision: Legislative Hearing Officer denied the appeal. 25 26 1424. 1428. 1430. 1432. 1434. 1436 Case Avenue, ** Robert McClay 27 and 1741, 1751, 1761 Sims Avenue ** 28 Decision: Legislarive Hearing Officer laid over this matter to the September 1 Property Code Enforcement meeting. RESOLU710N CITY OF SAINT PAUL, MINNESOTA ** All addresses laid over to August 26, 1998. GREEN SHEET 60796 1 2 3 4 5 6 7 Yeas Na s Absent Blakey � Coleman ,/ Han•is �/ Benanav � Reiter � Bostrom � Lantr}' ✓ 7 � C� 8 Adopted by Council: Date o� 9 Adoption 10 By: 11 Approved 12 By: Page 2 g � ��� Requested by Departrnent of: � Form Approved Uy City Attorney � Approved by Mayor for Submission w Council � � City Council 0£fices Gerry Strathman, 266-8575 12, 1998 E��? NUYBERFOR TOTAL # OF SIGNATURE PAGES GREEN SHEET oF.,v�r�an owECrae ❑ an�naxrgv ❑ arvctca�t ❑ if10.11CiRlfRVICFSOR. ❑ RI�III'JI�LlERVI/SGTC ❑wraR1�M.Y9sT/M1) ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Approving the 8-4-98 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1148 Seventh Street West; 596 Wells Street; 1285 Aamlin Avenue North; 2188 Beech Street; 905 Westminster Street; 1372, 1390, 1392 Carling Drive; 195 Exchange Street South; 1865 Wilson Avenue II305; 372 Clifton Avenue; 1424, 1428, 1430, 1432, 1434, 1436 Case Avenue; 1741, 1751, 1761 Sims Avenue. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION Has this oersor✓6rm ever xaked under a conhact twthis aeaaMienq YES NO 9�! 7�� N� 60'796 M� rnrcoi.lc� Hae th� P�rm erer been a cilY emPbYce� VES NO Oces this Pa�K�m P�s a sldl no[ no�mal�YP�� bY �Y WrteM cily emPbYeeT VES NO Is this peBauFrm a tarpeted vendoYl YES NO ilein all ves answcls on aeoardte sheet arM altech to oreen sheCt � CidU4�'1� �� .Pr ^ GP�s �1 .f`i2�livC _ �I: ,. �.F.i.'i 1 OF TRANSACTION COST/REVENUE BUDfiETED (pRCLE ONk7 YES ._..,.......J. NO SOURCff ACTNITYNUMBER 25 �� NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING August 4, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer Staff Present: Pat Fish, Fire Prevention; Steve Magner, Code Enfarcement; Phillip Owens, Fire Prevention; Canolyn Shepherd, Vacant Buildings Gerry Strathman calied the meeting to order at 129 p.m. 1148 Seventh Street West(L,aid overfrom 7-14-98) Paul Mateyka, Sr., owner, appeared and stated he needs one more week. The roof person is coming out August 5. Geiry Strathman asked about the electrical work. Mr. Mateyka responded that is done, and the electrician from Supreme Electrical wrote a letter concerning that. Phillip Owens reported he has had no contact until a message from Paul Mateyka on the phone this morning saying he would be ready on August 6 or 7 for the inspection. Mr. Owens has no problem with a layover. Gerry Strathman laid over this matter to the August 18 Property Code Enforcement meeting. 596 Wells Street (L,aid over from 7-21-98) Eugene Windom, Jr., owner, appeazed and stated most of the major things are done. School starts this month for his children. Mr. Windom asked if the inspector can look at the house again, let Mr. Windom move in, and allow him to work on the munor items. Steve Magner reported tt�is has been a vacant building since November 7, 1997. At the time the file was opened, there were numerous interior and exterior violations. The property was boarded up. It went to HLTD (Housing and Urban Development), I3iJD sold it to a third party, who then sold it to Eugene Windom. This vacant building needs a code compliance certificate before Code Enforcement can allow occupancy. Mr. Windom has started to do some work. A pernut was pulled August 3. Geiry Strathman asked was it Eugene Windom's intention to regair the house, bring it up to code, and move into it. Mr. Windom responded he has been having a difficult time because he is on disability. If everything majar is brought up to code, Mr. Windom hopes the inspectar will work with him on the minor work that needs to be done. Gerry Strathman asked is the property condemned. Steve Magner responded a property is not generally condemned if it is not occupied because that would be redundant. Mr. Strathman asked is the building vacant and secure. Mr. Magner responded it is cunently occupied by Mr. Windom and his family. Mr. Strathman asked how long will be before the house is up to code. Mr. Windom responded it will take a couple of months. Mr. Strathman stated this is difficult G �=1� C� PROPERTY CODE ENFORCEMENT NOTES FROM THE 8�-98 MEET'ING Page 2 because the City does not normally aliow someone to occupy a house that is not up to code, however he does not like the prospect of this family without a home. Mr. Strathman is willing to go along with this as long as progress is being made. Gerry Strathman laid over this issue to September i, 1998. The inspector suggested the owner contact Enforcement Officer pon Wagner prior to the September 1 meeting. 1285 Hamline Avenue North (Rescheduled from 7-14-98) Robert and Patdcia Davis, owners, appeazed and stated they aze appealing an order about a fence and whether it encroaches on the pubiic right of way. Mr. Davis showed Gerry Strathman photographs of the azea. He stated the south fence is on the neighbor's property which throws off the measurements taken by the City. Mr. Davis showed Mr. Strathman a document on this. Mr. Davis stated it is likely his fence encroaches somewhat on the public right of way. Ae asked that he be considered for a variance. In the event there is an encroachment, Mr. Davis stated he would waive any claim to condemnation in the event the city has to do future development. Robert Davis asked for the following: that the contractor be removed from the order and Mr. Davis be subsututed, a more precise survey be completed, that the Davises be allowed a variance or conditional license for an encroachment on the public right of way if there is one, and possibly stay any order that comes out of this meeting to allow Mr. Davis to complete negotiations with the enforcement department. Gerry Strathman laid over this matter to the September 15 Property Code �,nforcement meeting citing this is no matter of urgency, and the owner needs time to work on the problem. 2188 Beech Street Warren and 7udith Ketola, owners, appeared. Mr. Ketola stated they are appealing the City's requirement of a 48 inch obscuring fence around their swimming pool. They have just installed a 15 foot above ground pool. There is a 42 inch chain link fence azound the entire back yazd. The requirement is the gates be locked; Mr. Ketola stated the gate is routinely locked. Also, there is suppose to be an automatic closure installed on all the gates, which the Ketolas aze willing to do. Mr. Ketola feels there are two objectives to the City's requirements: a fence would restrict access to the pool and the obscuring would limit visibility probably so it will not be an attractive nuisance. The objective to restrlct access is already met by the 42 inch fence which is locked and also by the automatic closure that the Ketolas plan to instali. In addilion, the pool sides are 52 inches high. The only way to get into the pool is with a ladder. The latter is detachable and is locked ug when the pool is not in use. Many locations look down into the pool. Mr. Ketola showed Gerry 5trathman photographs of the pool site from vazious standpoints. Part of the existing fence is shazed and is right on the properiy line. That neighbor does not want a 48 inch obscuring fence. Mr. Ketola requested the requirement for an obscuring fence be waived. G� PROPERTY CODE ENFORCEMENT NOTES FROM THE 8-4-98 MEETIlVG Page 3 Gerry Strathman stated he is not troubled by the fence being 42 inches instead of 48 inches because 42 inches should keep a child out. If someone is that determined to climb over it, they can just as easily climb over a 42 inch fence as well as a 48 inch fence. About the visibility of the pool, Mr. Strathman stated he has seen situations where people have an opaque plastic attached to their chain link fence to prevent people from seeing through it and viewing the pool. Mr. Strathman explained the location where he has seen this. Wanen Ketola responded he had not seen this type of installation, but small people can still see over a 42 inch fence as evident in the photographs he had shown eazlier. Mr. Ketola stated the photographs were taken from the eye level of a toddler. Gerty Strathman gtanted a variance with respect to the fence on the condition that the ladder and any other device used to get into the pool will be locked up when the pool is not being used. 1424,1428.1430,1432.1434,1436 Case Avenue, and 1741,1751,1761 Sims Avenue Robert McClay and Wendy Lee appeared. Mr. McClay stated petitions were filed concerning deficiency/correction lists issued by Fire Prevention. In some instances, the items do not warrant citations by the City. Some items are cosmetic matters that do not rise to the level of health and safety which is the purpose of the housing code. Gerry Strathman responded the housing code also deals with appearance. Mr. McClay stated Wendy Lee is here to testify on the Case addresses. The person who is best able to testify on behalf of the Sims addresses is at the site right now with personnel from Fire Prevention. Pat Fish concurred that staff was there. Gerry Strathman stated he has documents received on July 30 that have handwritten notes on most of the items and asked what they are. Pat Fish responded the handwritten notes are from the inspector Barb Cummings. It is Fire Prevention's contention that items cited more than ten days ago from previous inspections were not appealable. Mr. Strathman stated he will heaz everything that needs to be said. Robert McClay stated he did not have a copy of this July 301ist. Mr. Strathman had copies made and gave Robert McClay and Wendy I.ee time to review the document. (This matter was discussed later in the meeting.) 905 Westminster Street William Wilcox, owner, appeared. The garden level apartment windows are too high. They aze 50 1/2 inches and are suppose to be 48 inches. A step could be built, but Mr. Wilcox does not think that is going to last. Mr. Wilcox asked why the City changed the ordinance. Pat Fish responded the ordinance did not change. The numbers are so close that the inspectors might have thought it was 48 inches. Mr. Wilcox stated every window has a baseboazd register underneath it. Gerry Strathman granted a vaziance with respect to the windows. a1 �-1 �k� PROPERTY CODE ENFORCBMENT NOTES FROM THE 8-4-98 MEETING Page 4 1372.1390,1392 Carlina Drive Jeff $erg stated each buiiding has 30 unit condominiums. All units have a regulaz electrical dryer with a hose going to an interior venting system. The other dryers located in the building are condensing dryers that have filters. Pat Fish reported if the electrical dryers aze not maintained, they have a tendency to accumulate a lot of dust. That is some concern. With gas dryers, it would definitely be an issue. Gerry Strathman granted a variance on condition that a11 the units aze and will remain with electric dryers and no gas dryers. 195 Exchan2e Street South (Laid over from 2-3-98) No one appeazed representing the property. Phillip Owens reported this is a dispute by adjacent property owners over repair of a retaining wall. Two civil actions have been filed. Fire Prevention is not taking any enforcement action until the outcome of the civil action. Mr. Owens suggested laying it over again for four months. Gerry Strathman laid over this matter to the December 1 Properiy Code Enforcement meeting. 1865 Wilson Avenue #305 (Laid over from 2-3-98) No one appeazed representing the property. Pat Fish reported the residents were overcrowded in the unit and were previously given an extension. Gerry Strathman denied the appeal. 372 Clifton Avenue No one appeazed representing the property. Carrolyn Shepherd reported this is suppose to be a vacant building, but the owner is living there. Gerry Strathman denied the appeal. �� � �� PROPERTY CODE ENFORCEMENT NOTES FROM THE 8-4-98 MEETING Page 5 Note: the following addresses were discussed earlier in the meeting: 14?st.1428.1430.1432,1434.1436 Case Avenue, and 1741.1751,1761 Sims Avenue Each item on the deficiency/correcrion lists for the Case Avenue buildings were reviewed. Wendy Lee explained which items were done and which were not done. Robert McClay suggested laying over the addresses on the Sims buildings because the two people that know the most about it, as mentioned earlier, aze on site inspecting the addresses. Gerry Strathman responded he was very concezned about any further delay because there seems to be a pattern of neglect. Some items are reoccurrina, however some items were cited June 4 and had not been done by July 14. The goal is to bring the building under compliance with the code. Mr. McClay stated it seems it would be useful to identify the items not done and determine whether they are health and safety items or cosmetic items. Mr. Strathman responded his role is to review the actions of the Fire Department. By filing the appeal, the owner has said those actions aze improper. However, the actions of the Fire Department are sufficient to make a revocation of the certi�cate of occupancy a zeasonable action. Mr. McClay stated due process would warrant that Mr. Strathman finish hearing the case and understand what the specific deficiencies are and weigh those in the context of the decision Mr. Strathman is chazged to make. Mr. Strathman stated that is what he is doing, but his role is not to evaluate each decision the fire department made on each specific violation. His role is to see whether there is reasonable cause to believe the Fire Departrnent has acted contrazy to the facts or contrary to the city ordinances. If the property owner is not properly notified, that would be a deficiency. If the allegations the Fire Department used aze all false and if the situations did not exist, that would be a basis. However, no one is contending these things aze not true. The owner was notified, the items aze true, and the opportunity to correct was given. Mr. McClay stated there was more testimony he wanted to give, and he had not rested his case. He requested that Mr. Strathman consider whether these items are germane to a matter as serious as a certificate of occupancy revocation. Each item on the deficiencylcorrection lists for the Case Avenue buildings was reviewed again. Gerry Strathman asked why people aze being evicted in August and not earlier than this. Wendy Lee responded because a lot of the residents are on the Section 8 program. A lot of leases are coming up for renewal. Ms. I,ee just took over the Case addresses in April. Mr. Strathman asked is she suggesting the buildings will be straightened up now that she is managing the building. Ms. Lee responded yes. She has attended the multi housing program with the Saint Paul Police Department Force Unit, the buildings aze getting security, she is meeting with the owner to get cazetakers instead of a cieaning company, and is screening people in a different way than the former property manager. ��6=�`�C� PROPERTY CODE ENFORCEMENT NO'TES FROM THE 8-4-98 MEETING Page 6 Robert McClay stated there was a criminal matter that was settled in Mazch; he explained the mattez in detail. Pat Fish stated the key to the problem is on site people. There needs to be some presence on the properiy. Wendy L.ee reiterated that she is talking to the owner about this. Gerry Strathman laid over this matter to the September 1 Property Code Enforcement meeting. The meeting was adjourned at 322 p.m. Council File # �� ���o� ��1�1 i� Green Sheet # 60796 Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of 5aint Paul hereby certifies and approves the August 4, 1998 2 decision of the Legislative Hearing Offlcer on Property Code Enforcement Appeals for the following addresses: 3 Property Appealed Appellant 4 1148 Seventh Street West (Laid over from 7-14-98) Paul Mateyka, Sr. 5 Decision: Legislative Hearing Officer laid over this matter to the August 18 Properry Code Enforcement meeting. 6 596 Wells Street (Laid over from 7-21-98) Eugene Windom, 7r. 7 Decision: Legislative Hearing Officer laid over this matter to the September 1 Property Code Enforcement meeting. 8 1285 Hamline _A venue North (Rescheduled from 7-14-98) Robert Davis 9 Decision: Legislative Hearing Officer laid over this matter to the September 15 Property Code Enforcement meeung. 10 2188 Beech Street Warren and 3udith Ketola 11 Decision: Legislative Hearing Officer granted a variance with respect to the fence on the condition that the ladder and 12 any other device used to get into the pool is locked up when the pool is not being used. 13 905 Westminster Street William Wilcox 14 Decision: I.egislative Hearing Officer granted a variance with respect to the windows. 15 1372. 1390, 1392 Cazling Drive Kathleen Blazei for NHD Property Management 16 Co. 17 Decision: Legislative Hearing Officer ganted a variance on condition that all units have electrical dryers and no gas 18 dryers. 19 195 Exchange Street South (Laid over from 2-3-98) 3ames Killian for PZA, LLC 20 Decision: Legislative Hearing Officer laid over this matter to the December 1 Property Code Enforcement meeting. 21 1865 Wilson Avenue #305 (Laid over from 2-3-98) Floyd and Kira Fairow, Laura Jelinek, Atty. 22 Decision: Legislative Hearing Officer denied the appeal. 23 372 Clifton Avenue Gerald Maestas 24 Decision: Legislative Hearing Officer denied the appeal. 25 26 1424. 1428. 1430. 1432. 1434. 1436 Case Avenue, ** Robert McClay 27 and 1741, 1751, 1761 Sims Avenue ** 28 Decision: Legislarive Hearing Officer laid over this matter to the September 1 Property Code Enforcement meeting. RESOLU710N CITY OF SAINT PAUL, MINNESOTA ** All addresses laid over to August 26, 1998. GREEN SHEET 60796 1 2 3 4 5 6 7 Yeas Na s Absent Blakey � Coleman ,/ Han•is �/ Benanav � Reiter � Bostrom � Lantr}' ✓ 7 � C� 8 Adopted by Council: Date o� 9 Adoption 10 By: 11 Approved 12 By: Page 2 g � ��� Requested by Departrnent of: � Form Approved Uy City Attorney � Approved by Mayor for Submission w Council � � City Council 0£fices Gerry Strathman, 266-8575 12, 1998 E��? NUYBERFOR TOTAL # OF SIGNATURE PAGES GREEN SHEET oF.,v�r�an owECrae ❑ an�naxrgv ❑ arvctca�t ❑ if10.11CiRlfRVICFSOR. ❑ RI�III'JI�LlERVI/SGTC ❑wraR1�M.Y9sT/M1) ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Approving the 8-4-98 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1148 Seventh Street West; 596 Wells Street; 1285 Aamlin Avenue North; 2188 Beech Street; 905 Westminster Street; 1372, 1390, 1392 Carling Drive; 195 Exchange Street South; 1865 Wilson Avenue II305; 372 Clifton Avenue; 1424, 1428, 1430, 1432, 1434, 1436 Case Avenue; 1741, 1751, 1761 Sims Avenue. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION Has this oersor✓6rm ever xaked under a conhact twthis aeaaMienq YES NO 9�! 7�� N� 60'796 M� rnrcoi.lc� Hae th� P�rm erer been a cilY emPbYce� VES NO Oces this Pa�K�m P�s a sldl no[ no�mal�YP�� bY �Y WrteM cily emPbYeeT VES NO Is this peBauFrm a tarpeted vendoYl YES NO ilein all ves answcls on aeoardte sheet arM altech to oreen sheCt � CidU4�'1� �� .Pr ^ GP�s �1 .f`i2�livC _ �I: ,. �.F.i.'i 1 OF TRANSACTION COST/REVENUE BUDfiETED (pRCLE ONk7 YES ._..,.......J. NO SOURCff ACTNITYNUMBER 25 �� NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING August 4, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer Staff Present: Pat Fish, Fire Prevention; Steve Magner, Code Enfarcement; Phillip Owens, Fire Prevention; Canolyn Shepherd, Vacant Buildings Gerry Strathman calied the meeting to order at 129 p.m. 1148 Seventh Street West(L,aid overfrom 7-14-98) Paul Mateyka, Sr., owner, appeared and stated he needs one more week. The roof person is coming out August 5. Geiry Strathman asked about the electrical work. Mr. Mateyka responded that is done, and the electrician from Supreme Electrical wrote a letter concerning that. Phillip Owens reported he has had no contact until a message from Paul Mateyka on the phone this morning saying he would be ready on August 6 or 7 for the inspection. Mr. Owens has no problem with a layover. Gerry Strathman laid over this matter to the August 18 Property Code Enforcement meeting. 596 Wells Street (L,aid over from 7-21-98) Eugene Windom, Jr., owner, appeazed and stated most of the major things are done. School starts this month for his children. Mr. Windom asked if the inspector can look at the house again, let Mr. Windom move in, and allow him to work on the munor items. Steve Magner reported tt�is has been a vacant building since November 7, 1997. At the time the file was opened, there were numerous interior and exterior violations. The property was boarded up. It went to HLTD (Housing and Urban Development), I3iJD sold it to a third party, who then sold it to Eugene Windom. This vacant building needs a code compliance certificate before Code Enforcement can allow occupancy. Mr. Windom has started to do some work. A pernut was pulled August 3. Geiry Strathman asked was it Eugene Windom's intention to regair the house, bring it up to code, and move into it. Mr. Windom responded he has been having a difficult time because he is on disability. If everything majar is brought up to code, Mr. Windom hopes the inspectar will work with him on the minor work that needs to be done. Gerry Strathman asked is the property condemned. Steve Magner responded a property is not generally condemned if it is not occupied because that would be redundant. Mr. Strathman asked is the building vacant and secure. Mr. Magner responded it is cunently occupied by Mr. Windom and his family. Mr. Strathman asked how long will be before the house is up to code. Mr. Windom responded it will take a couple of months. Mr. Strathman stated this is difficult G �=1� C� PROPERTY CODE ENFORCEMENT NOTES FROM THE 8�-98 MEET'ING Page 2 because the City does not normally aliow someone to occupy a house that is not up to code, however he does not like the prospect of this family without a home. Mr. Strathman is willing to go along with this as long as progress is being made. Gerry Strathman laid over this issue to September i, 1998. The inspector suggested the owner contact Enforcement Officer pon Wagner prior to the September 1 meeting. 1285 Hamline Avenue North (Rescheduled from 7-14-98) Robert and Patdcia Davis, owners, appeazed and stated they aze appealing an order about a fence and whether it encroaches on the pubiic right of way. Mr. Davis showed Gerry Strathman photographs of the azea. He stated the south fence is on the neighbor's property which throws off the measurements taken by the City. Mr. Davis showed Mr. Strathman a document on this. Mr. Davis stated it is likely his fence encroaches somewhat on the public right of way. Ae asked that he be considered for a variance. In the event there is an encroachment, Mr. Davis stated he would waive any claim to condemnation in the event the city has to do future development. Robert Davis asked for the following: that the contractor be removed from the order and Mr. Davis be subsututed, a more precise survey be completed, that the Davises be allowed a variance or conditional license for an encroachment on the public right of way if there is one, and possibly stay any order that comes out of this meeting to allow Mr. Davis to complete negotiations with the enforcement department. Gerry Strathman laid over this matter to the September 15 Property Code �,nforcement meeting citing this is no matter of urgency, and the owner needs time to work on the problem. 2188 Beech Street Warren and 7udith Ketola, owners, appeared. Mr. Ketola stated they are appealing the City's requirement of a 48 inch obscuring fence around their swimming pool. They have just installed a 15 foot above ground pool. There is a 42 inch chain link fence azound the entire back yazd. The requirement is the gates be locked; Mr. Ketola stated the gate is routinely locked. Also, there is suppose to be an automatic closure installed on all the gates, which the Ketolas aze willing to do. Mr. Ketola feels there are two objectives to the City's requirements: a fence would restrict access to the pool and the obscuring would limit visibility probably so it will not be an attractive nuisance. The objective to restrlct access is already met by the 42 inch fence which is locked and also by the automatic closure that the Ketolas plan to instali. In addilion, the pool sides are 52 inches high. The only way to get into the pool is with a ladder. The latter is detachable and is locked ug when the pool is not in use. Many locations look down into the pool. Mr. Ketola showed Gerry 5trathman photographs of the pool site from vazious standpoints. Part of the existing fence is shazed and is right on the properiy line. That neighbor does not want a 48 inch obscuring fence. Mr. Ketola requested the requirement for an obscuring fence be waived. G� PROPERTY CODE ENFORCEMENT NOTES FROM THE 8-4-98 MEETIlVG Page 3 Gerry Strathman stated he is not troubled by the fence being 42 inches instead of 48 inches because 42 inches should keep a child out. If someone is that determined to climb over it, they can just as easily climb over a 42 inch fence as well as a 48 inch fence. About the visibility of the pool, Mr. Strathman stated he has seen situations where people have an opaque plastic attached to their chain link fence to prevent people from seeing through it and viewing the pool. Mr. Strathman explained the location where he has seen this. Wanen Ketola responded he had not seen this type of installation, but small people can still see over a 42 inch fence as evident in the photographs he had shown eazlier. Mr. Ketola stated the photographs were taken from the eye level of a toddler. Gerty Strathman gtanted a variance with respect to the fence on the condition that the ladder and any other device used to get into the pool will be locked up when the pool is not being used. 1424,1428.1430,1432.1434,1436 Case Avenue, and 1741,1751,1761 Sims Avenue Robert McClay and Wendy Lee appeared. Mr. McClay stated petitions were filed concerning deficiency/correction lists issued by Fire Prevention. In some instances, the items do not warrant citations by the City. Some items are cosmetic matters that do not rise to the level of health and safety which is the purpose of the housing code. Gerry Strathman responded the housing code also deals with appearance. Mr. McClay stated Wendy Lee is here to testify on the Case addresses. The person who is best able to testify on behalf of the Sims addresses is at the site right now with personnel from Fire Prevention. Pat Fish concurred that staff was there. Gerry Strathman stated he has documents received on July 30 that have handwritten notes on most of the items and asked what they are. Pat Fish responded the handwritten notes are from the inspector Barb Cummings. It is Fire Prevention's contention that items cited more than ten days ago from previous inspections were not appealable. Mr. Strathman stated he will heaz everything that needs to be said. Robert McClay stated he did not have a copy of this July 301ist. Mr. Strathman had copies made and gave Robert McClay and Wendy I.ee time to review the document. (This matter was discussed later in the meeting.) 905 Westminster Street William Wilcox, owner, appeared. The garden level apartment windows are too high. They aze 50 1/2 inches and are suppose to be 48 inches. A step could be built, but Mr. Wilcox does not think that is going to last. Mr. Wilcox asked why the City changed the ordinance. Pat Fish responded the ordinance did not change. The numbers are so close that the inspectors might have thought it was 48 inches. Mr. Wilcox stated every window has a baseboazd register underneath it. Gerry Strathman granted a vaziance with respect to the windows. a1 �-1 �k� PROPERTY CODE ENFORCBMENT NOTES FROM THE 8-4-98 MEETING Page 4 1372.1390,1392 Carlina Drive Jeff $erg stated each buiiding has 30 unit condominiums. All units have a regulaz electrical dryer with a hose going to an interior venting system. The other dryers located in the building are condensing dryers that have filters. Pat Fish reported if the electrical dryers aze not maintained, they have a tendency to accumulate a lot of dust. That is some concern. With gas dryers, it would definitely be an issue. Gerry Strathman granted a variance on condition that a11 the units aze and will remain with electric dryers and no gas dryers. 195 Exchan2e Street South (Laid over from 2-3-98) No one appeazed representing the property. Phillip Owens reported this is a dispute by adjacent property owners over repair of a retaining wall. Two civil actions have been filed. Fire Prevention is not taking any enforcement action until the outcome of the civil action. Mr. Owens suggested laying it over again for four months. Gerry Strathman laid over this matter to the December 1 Properiy Code Enforcement meeting. 1865 Wilson Avenue #305 (Laid over from 2-3-98) No one appeazed representing the property. Pat Fish reported the residents were overcrowded in the unit and were previously given an extension. Gerry Strathman denied the appeal. 372 Clifton Avenue No one appeazed representing the property. Carrolyn Shepherd reported this is suppose to be a vacant building, but the owner is living there. Gerry Strathman denied the appeal. �� � �� PROPERTY CODE ENFORCEMENT NOTES FROM THE 8-4-98 MEETING Page 5 Note: the following addresses were discussed earlier in the meeting: 14?st.1428.1430.1432,1434.1436 Case Avenue, and 1741.1751,1761 Sims Avenue Each item on the deficiency/correcrion lists for the Case Avenue buildings were reviewed. Wendy Lee explained which items were done and which were not done. Robert McClay suggested laying over the addresses on the Sims buildings because the two people that know the most about it, as mentioned earlier, aze on site inspecting the addresses. Gerry Strathman responded he was very concezned about any further delay because there seems to be a pattern of neglect. Some items are reoccurrina, however some items were cited June 4 and had not been done by July 14. The goal is to bring the building under compliance with the code. Mr. McClay stated it seems it would be useful to identify the items not done and determine whether they are health and safety items or cosmetic items. Mr. Strathman responded his role is to review the actions of the Fire Department. By filing the appeal, the owner has said those actions aze improper. However, the actions of the Fire Department are sufficient to make a revocation of the certi�cate of occupancy a zeasonable action. Mr. McClay stated due process would warrant that Mr. Strathman finish hearing the case and understand what the specific deficiencies are and weigh those in the context of the decision Mr. Strathman is chazged to make. Mr. Strathman stated that is what he is doing, but his role is not to evaluate each decision the fire department made on each specific violation. His role is to see whether there is reasonable cause to believe the Fire Departrnent has acted contrazy to the facts or contrary to the city ordinances. If the property owner is not properly notified, that would be a deficiency. If the allegations the Fire Department used aze all false and if the situations did not exist, that would be a basis. However, no one is contending these things aze not true. The owner was notified, the items aze true, and the opportunity to correct was given. Mr. McClay stated there was more testimony he wanted to give, and he had not rested his case. He requested that Mr. Strathman consider whether these items are germane to a matter as serious as a certificate of occupancy revocation. Each item on the deficiencylcorrection lists for the Case Avenue buildings was reviewed again. Gerry Strathman asked why people aze being evicted in August and not earlier than this. Wendy Lee responded because a lot of the residents are on the Section 8 program. A lot of leases are coming up for renewal. Ms. I,ee just took over the Case addresses in April. Mr. Strathman asked is she suggesting the buildings will be straightened up now that she is managing the building. Ms. Lee responded yes. She has attended the multi housing program with the Saint Paul Police Department Force Unit, the buildings aze getting security, she is meeting with the owner to get cazetakers instead of a cieaning company, and is screening people in a different way than the former property manager. ��6=�`�C� PROPERTY CODE ENFORCEMENT NO'TES FROM THE 8-4-98 MEETING Page 6 Robert McClay stated there was a criminal matter that was settled in Mazch; he explained the mattez in detail. Pat Fish stated the key to the problem is on site people. There needs to be some presence on the properiy. Wendy L.ee reiterated that she is talking to the owner about this. Gerry Strathman laid over this matter to the September 1 Property Code Enforcement meeting. The meeting was adjourned at 322 p.m. Council File # �� ���o� ��1�1 i� Green Sheet # 60796 Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of 5aint Paul hereby certifies and approves the August 4, 1998 2 decision of the Legislative Hearing Offlcer on Property Code Enforcement Appeals for the following addresses: 3 Property Appealed Appellant 4 1148 Seventh Street West (Laid over from 7-14-98) Paul Mateyka, Sr. 5 Decision: Legislative Hearing Officer laid over this matter to the August 18 Properry Code Enforcement meeting. 6 596 Wells Street (Laid over from 7-21-98) Eugene Windom, 7r. 7 Decision: Legislative Hearing Officer laid over this matter to the September 1 Property Code Enforcement meeting. 8 1285 Hamline _A venue North (Rescheduled from 7-14-98) Robert Davis 9 Decision: Legislative Hearing Officer laid over this matter to the September 15 Property Code Enforcement meeung. 10 2188 Beech Street Warren and 3udith Ketola 11 Decision: Legislative Hearing Officer granted a variance with respect to the fence on the condition that the ladder and 12 any other device used to get into the pool is locked up when the pool is not being used. 13 905 Westminster Street William Wilcox 14 Decision: I.egislative Hearing Officer granted a variance with respect to the windows. 15 1372. 1390, 1392 Cazling Drive Kathleen Blazei for NHD Property Management 16 Co. 17 Decision: Legislative Hearing Officer ganted a variance on condition that all units have electrical dryers and no gas 18 dryers. 19 195 Exchange Street South (Laid over from 2-3-98) 3ames Killian for PZA, LLC 20 Decision: Legislative Hearing Officer laid over this matter to the December 1 Property Code Enforcement meeting. 21 1865 Wilson Avenue #305 (Laid over from 2-3-98) Floyd and Kira Fairow, Laura Jelinek, Atty. 22 Decision: Legislative Hearing Officer denied the appeal. 23 372 Clifton Avenue Gerald Maestas 24 Decision: Legislative Hearing Officer denied the appeal. 25 26 1424. 1428. 1430. 1432. 1434. 1436 Case Avenue, ** Robert McClay 27 and 1741, 1751, 1761 Sims Avenue ** 28 Decision: Legislarive Hearing Officer laid over this matter to the September 1 Property Code Enforcement meeting. RESOLU710N CITY OF SAINT PAUL, MINNESOTA ** All addresses laid over to August 26, 1998. GREEN SHEET 60796 1 2 3 4 5 6 7 Yeas Na s Absent Blakey � Coleman ,/ Han•is �/ Benanav � Reiter � Bostrom � Lantr}' ✓ 7 � C� 8 Adopted by Council: Date o� 9 Adoption 10 By: 11 Approved 12 By: Page 2 g � ��� Requested by Departrnent of: � Form Approved Uy City Attorney � Approved by Mayor for Submission w Council � � City Council 0£fices Gerry Strathman, 266-8575 12, 1998 E��? NUYBERFOR TOTAL # OF SIGNATURE PAGES GREEN SHEET oF.,v�r�an owECrae ❑ an�naxrgv ❑ arvctca�t ❑ if10.11CiRlfRVICFSOR. ❑ RI�III'JI�LlERVI/SGTC ❑wraR1�M.Y9sT/M1) ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Approving the 8-4-98 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1148 Seventh Street West; 596 Wells Street; 1285 Aamlin Avenue North; 2188 Beech Street; 905 Westminster Street; 1372, 1390, 1392 Carling Drive; 195 Exchange Street South; 1865 Wilson Avenue II305; 372 Clifton Avenue; 1424, 1428, 1430, 1432, 1434, 1436 Case Avenue; 1741, 1751, 1761 Sims Avenue. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION Has this oersor✓6rm ever xaked under a conhact twthis aeaaMienq YES NO 9�! 7�� N� 60'796 M� rnrcoi.lc� Hae th� P�rm erer been a cilY emPbYce� VES NO Oces this Pa�K�m P�s a sldl no[ no�mal�YP�� bY �Y WrteM cily emPbYeeT VES NO Is this peBauFrm a tarpeted vendoYl YES NO ilein all ves answcls on aeoardte sheet arM altech to oreen sheCt � CidU4�'1� �� .Pr ^ GP�s �1 .f`i2�livC _ �I: ,. �.F.i.'i 1 OF TRANSACTION COST/REVENUE BUDfiETED (pRCLE ONk7 YES ._..,.......J. NO SOURCff ACTNITYNUMBER 25 �� NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING August 4, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer Staff Present: Pat Fish, Fire Prevention; Steve Magner, Code Enfarcement; Phillip Owens, Fire Prevention; Canolyn Shepherd, Vacant Buildings Gerry Strathman calied the meeting to order at 129 p.m. 1148 Seventh Street West(L,aid overfrom 7-14-98) Paul Mateyka, Sr., owner, appeared and stated he needs one more week. The roof person is coming out August 5. Geiry Strathman asked about the electrical work. Mr. Mateyka responded that is done, and the electrician from Supreme Electrical wrote a letter concerning that. Phillip Owens reported he has had no contact until a message from Paul Mateyka on the phone this morning saying he would be ready on August 6 or 7 for the inspection. Mr. Owens has no problem with a layover. Gerry Strathman laid over this matter to the August 18 Property Code Enforcement meeting. 596 Wells Street (L,aid over from 7-21-98) Eugene Windom, Jr., owner, appeazed and stated most of the major things are done. School starts this month for his children. Mr. Windom asked if the inspector can look at the house again, let Mr. Windom move in, and allow him to work on the munor items. Steve Magner reported tt�is has been a vacant building since November 7, 1997. At the time the file was opened, there were numerous interior and exterior violations. The property was boarded up. It went to HLTD (Housing and Urban Development), I3iJD sold it to a third party, who then sold it to Eugene Windom. This vacant building needs a code compliance certificate before Code Enforcement can allow occupancy. Mr. Windom has started to do some work. A pernut was pulled August 3. Geiry Strathman asked was it Eugene Windom's intention to regair the house, bring it up to code, and move into it. Mr. Windom responded he has been having a difficult time because he is on disability. If everything majar is brought up to code, Mr. Windom hopes the inspectar will work with him on the minor work that needs to be done. Gerry Strathman asked is the property condemned. Steve Magner responded a property is not generally condemned if it is not occupied because that would be redundant. Mr. Strathman asked is the building vacant and secure. Mr. Magner responded it is cunently occupied by Mr. Windom and his family. Mr. Strathman asked how long will be before the house is up to code. Mr. Windom responded it will take a couple of months. Mr. Strathman stated this is difficult G �=1� C� PROPERTY CODE ENFORCEMENT NOTES FROM THE 8�-98 MEET'ING Page 2 because the City does not normally aliow someone to occupy a house that is not up to code, however he does not like the prospect of this family without a home. Mr. Strathman is willing to go along with this as long as progress is being made. Gerry Strathman laid over this issue to September i, 1998. The inspector suggested the owner contact Enforcement Officer pon Wagner prior to the September 1 meeting. 1285 Hamline Avenue North (Rescheduled from 7-14-98) Robert and Patdcia Davis, owners, appeazed and stated they aze appealing an order about a fence and whether it encroaches on the pubiic right of way. Mr. Davis showed Gerry Strathman photographs of the azea. He stated the south fence is on the neighbor's property which throws off the measurements taken by the City. Mr. Davis showed Mr. Strathman a document on this. Mr. Davis stated it is likely his fence encroaches somewhat on the public right of way. Ae asked that he be considered for a variance. In the event there is an encroachment, Mr. Davis stated he would waive any claim to condemnation in the event the city has to do future development. Robert Davis asked for the following: that the contractor be removed from the order and Mr. Davis be subsututed, a more precise survey be completed, that the Davises be allowed a variance or conditional license for an encroachment on the public right of way if there is one, and possibly stay any order that comes out of this meeting to allow Mr. Davis to complete negotiations with the enforcement department. Gerry Strathman laid over this matter to the September 15 Property Code �,nforcement meeting citing this is no matter of urgency, and the owner needs time to work on the problem. 2188 Beech Street Warren and 7udith Ketola, owners, appeared. Mr. Ketola stated they are appealing the City's requirement of a 48 inch obscuring fence around their swimming pool. They have just installed a 15 foot above ground pool. There is a 42 inch chain link fence azound the entire back yazd. The requirement is the gates be locked; Mr. Ketola stated the gate is routinely locked. Also, there is suppose to be an automatic closure installed on all the gates, which the Ketolas aze willing to do. Mr. Ketola feels there are two objectives to the City's requirements: a fence would restrict access to the pool and the obscuring would limit visibility probably so it will not be an attractive nuisance. The objective to restrlct access is already met by the 42 inch fence which is locked and also by the automatic closure that the Ketolas plan to instali. In addilion, the pool sides are 52 inches high. The only way to get into the pool is with a ladder. The latter is detachable and is locked ug when the pool is not in use. Many locations look down into the pool. Mr. Ketola showed Gerry 5trathman photographs of the pool site from vazious standpoints. Part of the existing fence is shazed and is right on the properiy line. That neighbor does not want a 48 inch obscuring fence. Mr. Ketola requested the requirement for an obscuring fence be waived. G� PROPERTY CODE ENFORCEMENT NOTES FROM THE 8-4-98 MEETIlVG Page 3 Gerry Strathman stated he is not troubled by the fence being 42 inches instead of 48 inches because 42 inches should keep a child out. If someone is that determined to climb over it, they can just as easily climb over a 42 inch fence as well as a 48 inch fence. About the visibility of the pool, Mr. Strathman stated he has seen situations where people have an opaque plastic attached to their chain link fence to prevent people from seeing through it and viewing the pool. Mr. Strathman explained the location where he has seen this. Wanen Ketola responded he had not seen this type of installation, but small people can still see over a 42 inch fence as evident in the photographs he had shown eazlier. Mr. Ketola stated the photographs were taken from the eye level of a toddler. Gerty Strathman gtanted a variance with respect to the fence on the condition that the ladder and any other device used to get into the pool will be locked up when the pool is not being used. 1424,1428.1430,1432.1434,1436 Case Avenue, and 1741,1751,1761 Sims Avenue Robert McClay and Wendy Lee appeared. Mr. McClay stated petitions were filed concerning deficiency/correction lists issued by Fire Prevention. In some instances, the items do not warrant citations by the City. Some items are cosmetic matters that do not rise to the level of health and safety which is the purpose of the housing code. Gerry Strathman responded the housing code also deals with appearance. Mr. McClay stated Wendy Lee is here to testify on the Case addresses. The person who is best able to testify on behalf of the Sims addresses is at the site right now with personnel from Fire Prevention. Pat Fish concurred that staff was there. Gerry Strathman stated he has documents received on July 30 that have handwritten notes on most of the items and asked what they are. Pat Fish responded the handwritten notes are from the inspector Barb Cummings. It is Fire Prevention's contention that items cited more than ten days ago from previous inspections were not appealable. Mr. Strathman stated he will heaz everything that needs to be said. Robert McClay stated he did not have a copy of this July 301ist. Mr. Strathman had copies made and gave Robert McClay and Wendy I.ee time to review the document. (This matter was discussed later in the meeting.) 905 Westminster Street William Wilcox, owner, appeared. The garden level apartment windows are too high. They aze 50 1/2 inches and are suppose to be 48 inches. A step could be built, but Mr. Wilcox does not think that is going to last. Mr. Wilcox asked why the City changed the ordinance. Pat Fish responded the ordinance did not change. The numbers are so close that the inspectors might have thought it was 48 inches. Mr. Wilcox stated every window has a baseboazd register underneath it. Gerry Strathman granted a vaziance with respect to the windows. a1 �-1 �k� PROPERTY CODE ENFORCBMENT NOTES FROM THE 8-4-98 MEETING Page 4 1372.1390,1392 Carlina Drive Jeff $erg stated each buiiding has 30 unit condominiums. All units have a regulaz electrical dryer with a hose going to an interior venting system. The other dryers located in the building are condensing dryers that have filters. Pat Fish reported if the electrical dryers aze not maintained, they have a tendency to accumulate a lot of dust. That is some concern. With gas dryers, it would definitely be an issue. Gerry Strathman granted a variance on condition that a11 the units aze and will remain with electric dryers and no gas dryers. 195 Exchan2e Street South (Laid over from 2-3-98) No one appeazed representing the property. Phillip Owens reported this is a dispute by adjacent property owners over repair of a retaining wall. Two civil actions have been filed. Fire Prevention is not taking any enforcement action until the outcome of the civil action. Mr. Owens suggested laying it over again for four months. Gerry Strathman laid over this matter to the December 1 Properiy Code Enforcement meeting. 1865 Wilson Avenue #305 (Laid over from 2-3-98) No one appeazed representing the property. Pat Fish reported the residents were overcrowded in the unit and were previously given an extension. Gerry Strathman denied the appeal. 372 Clifton Avenue No one appeazed representing the property. Carrolyn Shepherd reported this is suppose to be a vacant building, but the owner is living there. Gerry Strathman denied the appeal. �� � �� PROPERTY CODE ENFORCEMENT NOTES FROM THE 8-4-98 MEETING Page 5 Note: the following addresses were discussed earlier in the meeting: 14?st.1428.1430.1432,1434.1436 Case Avenue, and 1741.1751,1761 Sims Avenue Each item on the deficiency/correcrion lists for the Case Avenue buildings were reviewed. Wendy Lee explained which items were done and which were not done. Robert McClay suggested laying over the addresses on the Sims buildings because the two people that know the most about it, as mentioned earlier, aze on site inspecting the addresses. Gerry Strathman responded he was very concezned about any further delay because there seems to be a pattern of neglect. Some items are reoccurrina, however some items were cited June 4 and had not been done by July 14. The goal is to bring the building under compliance with the code. Mr. McClay stated it seems it would be useful to identify the items not done and determine whether they are health and safety items or cosmetic items. Mr. Strathman responded his role is to review the actions of the Fire Department. By filing the appeal, the owner has said those actions aze improper. However, the actions of the Fire Department are sufficient to make a revocation of the certi�cate of occupancy a zeasonable action. Mr. McClay stated due process would warrant that Mr. Strathman finish hearing the case and understand what the specific deficiencies are and weigh those in the context of the decision Mr. Strathman is chazged to make. Mr. Strathman stated that is what he is doing, but his role is not to evaluate each decision the fire department made on each specific violation. His role is to see whether there is reasonable cause to believe the Fire Departrnent has acted contrazy to the facts or contrary to the city ordinances. If the property owner is not properly notified, that would be a deficiency. If the allegations the Fire Department used aze all false and if the situations did not exist, that would be a basis. However, no one is contending these things aze not true. The owner was notified, the items aze true, and the opportunity to correct was given. Mr. McClay stated there was more testimony he wanted to give, and he had not rested his case. He requested that Mr. Strathman consider whether these items are germane to a matter as serious as a certificate of occupancy revocation. Each item on the deficiencylcorrection lists for the Case Avenue buildings was reviewed again. Gerry Strathman asked why people aze being evicted in August and not earlier than this. Wendy Lee responded because a lot of the residents are on the Section 8 program. A lot of leases are coming up for renewal. Ms. I,ee just took over the Case addresses in April. Mr. Strathman asked is she suggesting the buildings will be straightened up now that she is managing the building. Ms. Lee responded yes. She has attended the multi housing program with the Saint Paul Police Department Force Unit, the buildings aze getting security, she is meeting with the owner to get cazetakers instead of a cieaning company, and is screening people in a different way than the former property manager. ��6=�`�C� PROPERTY CODE ENFORCEMENT NO'TES FROM THE 8-4-98 MEETING Page 6 Robert McClay stated there was a criminal matter that was settled in Mazch; he explained the mattez in detail. Pat Fish stated the key to the problem is on site people. There needs to be some presence on the properiy. Wendy L.ee reiterated that she is talking to the owner about this. Gerry Strathman laid over this matter to the September 1 Property Code Enforcement meeting. The meeting was adjourned at 322 p.m.