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98-981Council File # 98 - 9 t � �RIG�NAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 62257 Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and appzoves the October 20, 2 1948 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 Pro e�rty A� ealed A�pellant 5 370-372 Fuller Avenue (Laid over from 9-15-98) Tenance Luther 6 Appeal withdrawn. 7 8 960 Juno Avenue (Laid over from 9-15-98) Ronald Staeheli 9 Decision: Laid over to the November 3, 1998 I,egislative Hearing. 10 238 Winona Street East #1 11 Decision: Appeal denied. 12 1504 Sherburne Avenue #2 13 Decision: Appeal denied. 14 415-417 Sherburne Avenue 15 Decision: Appeal denied. 4�} Barbara Rojas Jeffrey Lundsten Jeff Cody 16 55 Front Avenue Lorenzo Reed 17 Decision: L,aid over to the November 3, 1998 I.egislative Heazing. 1 ORIGINAL 1 2 3 4 5 6 7 Yeas Na s Absent Blakey � Coleman ✓ Hazris � Benanav � Reiter ,� Bostrom ✓ Lanhy � � � r 8 Adoptedby Council: Date b�_ c�8"�_��`�� 9 10 Adoption Ce ' ied by Council Secret� 11 By: 12 Approved by Mayor: D�a� J 13 By: Reguested by Depaztment of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � 2 ��-9!I Council Gerry Strathman, 266-8575 October 28, 1998 �� ruxeEa wn RWi1NG OROER TOTAL # OFSIGNATURE PAGES zo 1998� GREEN SHEET � m�� -°Itrl N� 6225'7 MWeIID2b ancour�. ❑ CRYATfOMBY � CRYGi1R ❑ wu�tutamxcrsox ❑ wwwawaenn�ccr¢ ❑MVOR�aRAS9EiA1R) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the 10-20-98 meeting on the following addresses: 370-372 Fuller Avenue, 960 Juno Avenue, 238 Winona Street East l�l, 1504 Sherburne Avenue 4�2, 415-417 Sherburne Avenue, 55 Front Avenue. PLANNING COMMISSION CIS COMMITTEE dVll SERVICE CAMMISSION RSONAL SERVICE CONTRAGTS MUST ANSWER TNF FOLLOWING QUESTiONS: Hae fhi6 PersoNfirm ever waked undel e cantract fa this dePertmentT YES NO Has thin perw�im ever been a aty empbyce7 vES tao Ucea this PeBOMmt P� a sfdll'wt nama��YP��d M anY aunert cilY emPbyee7 YES NO tsthis pe'sonfitm atergMed ven0a't rES rio �"v�;:�'sg ;�i.S��:�°! �`����� �. r.,i:,.i. � OF TRANSACTION SOURCE COST/REVENUE 8UD6ETED (CIRCLE ON�7 I.r".f I Pl l i �: I IP� I=1 d:l VES NO (ocPwp � NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, October 20,1998 Room 33Q, City Hall Gerry Strathman, Legislative Hearing Officer Staff Present: John Conway, License, Inspections, Environmental Protection (LIEP); Pat Fish, Fire Prevention; Steve Magner, Code Enforcement; Paula Seeley, Code Enforcement Geiry Strathman called the meeting to order at 1:30 p.m. 370-372 Fuller Avenue (I,aid over from 9-15-98) Paula Seeley reported this can be withdrawn. The inspector has resolved the matter with Terrance Luther. New compliance dates have been set. 960 Juno Avenue (L,aid ovez from 9-15-98) Ronald Staeheli, owner, appeared and stated very little has been accomplished. He conUnues to ask what part of the maintenance code the building is not in compliance with, and he does not get an answer. He has worked with John Conway and severai other license personnel. All of them say the house has setfled. The foundation cunently supports the house at all points, which is what the maintenance code says it has to do. John Conway says it has settled over 20 years, but the replacement windows are over 20 years oid and ihey aze perfectly squaze. According to a conversaCion Mr. Staeheli had this morning, the house has been upgraded to dangerous. John Conway has said that the property is failing at such a slow rate that a person cannot tell it is failing, and it may fail at any time in the future, however Mr. Staeheli stated any property could fail at some point in the future. Gerry Strathman asked about the other issues. Ronald Staeheli responded he does not want to relevel the building because all the interior walls would have to be redone. He is willing to take the buckles out of the basement floors. The windows, doors, screens have to be replaced. The neighborhood is probably built on peat. Mr. Staeheli feels he would have to dig down 15-20 feet to get to approved floors to put posts under the main beam. He plans to have this house in his family for a while. John Conway reported the foundation is in a failed condition. It is irtelevant whether it failed 20 years ago or yesterday. The building code does not allow LIEP to say it is good enough. The code reads if it is failed, it has to be repaired or replaced. That was the intention of the original code compliance inspection report. It was not an order. Ronald Staeheli can walk away from it in Mr. Conway's opinion. Gerry Strathman asked what constitutes a failed foundation. Mr. Conway responded he is obligated to enforce the standazds of the industry. There is a 3{4 inch crack on one of the walls, therefore there is hydraulic pressure from the outside that is forcing these walls inward. The deternunation that the foundation walls are stable depends on your perspective. They will eventually collapse. At some point it will have to be repaired. The wall has settled and bowed in excessively. A basement slab has settled on the perimeter and has not �1�-9�i PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 2 settled at the center where the bearing posts aze. It is Mr. Conway's belief that there are pilings under the center post and that is why they have not settled, but the house has settled azound it. The slab is heaving in the middle in excess of—without measuring it--six inches. Mr. Strathman asked about the remedy. Mr. Conway responded usually what is done is jacking up the house a little bit, remove the failed foundation, put down good soils or drive pilings, and then build up from there. This process is expensive, but not uncommon. Ronald Staeheli stated the law is cleaz that the property only has to meet the maintenance code, not the standards of the industry or anything else. The universal building code has a section devoted to existing building and it says if it was fine before, then it is fine now unless it is dangerous. 'I`he universal building code was established in 1927 and this house was built in 1923 so it is moot under the law. Mr. Staeheli takes issue with the bowing. (Mr. Staeheli showed Gerry Strathman and John Conway pictures of the wall, which Mr. Staeheli says is plumb.) Gerry Strathman asked is there a way to engage a third party to offer an independent opinion. Ronald Staeheli responded he had a structural engineer look at the property, who felt the structure was supported at ali points in it's current condition. Mr. Staeheli asked far this to be in writing and the engineer asked for $500. Mr. Staeheli was not willing to pay it. Gerry Strathman stated at the previous meeting, Donald Wagner felt he had a legal responsibility to protect a future buyer of the propertp. Mr. Strathman asked would Ronald Staeheli be willing to indemnify the CSty should the building fail or cause injury or harm. 7ohn Conway responded he did not know if an agreement can be achieved to allow occupancy in view of the fact that LIEP feels it is a failed condition already. However, if there was some agreement that the property was allowed to be occupied, the only way it could be tracked in the future is to put a notice on the deed. Mr. Staeheli responded he would be willing to indemnify the City, file the indemnity with the deed, pay any fees involved with that, and add a piece of paper saying in the City of St. Paul's opinion, the foundation is failed in iY s cunent condition and may not support the structure in the future. It would come to the attention of any title company. Concerning the other issues: Ronald Staeheli stated he will repair the basement floor. Donald Wagner stated it has to be replaced. He had eazlier urged Mr. Staeheli to call a trade inspector. As of this morning, Mr. Staeheli has not cantacted one. Mr. Strathman stated the other issues can wait until the foundation issue is resolved. Gerry Strathman laid over this issue to the November 3 Property Code Enforcement meeting. Mr. Strathman stated he will talk to the City Attorney to see if an indemnity agreement is acceptable. He will also talk to Donald Wagner and others to see if something can be agreeable to ali parties. In the meantime, Ronald Staeheli should look at his legal situation and decide what he is preparedto do. ��-y�i PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 3 238 Winona Street East #1 Bazbua Rojas, tenant, appeazed and stated the water was shut off. She paid $1,100 out of her rent towud the water bill last August or September. After that was paid, a water biil came in of $1,750. The water is still off. She is living at this residence with her children. The building has been put up for sale. Ms. Rojas asked for the bill to be put in hez name, but the bill has to be paid off first. The landlord is Monroe Evans. Pat Fish reported the policy is for a 24 hour vacate for a residence without basic services. The home should have been vacated October 8, 1998. Fire Prevenfion has not been able to find Monroe Evans. He does not respond to any communication by telephone or mail. The balance on the water bill as of October 5 was over $3,000. There is also some concern about the trash buildup because there has not been any pickup service. Also, there is a concern about the number of people living in the unit. Part of the building has electrical service. Gerry Strathman asked did she have anywhere else to go. Bazbaza Rojas responded she did not. Mr. Strathman stated there are some legal processes that can be looked into. Ms. Rojas responded she paid her rent to the Community Stabilization Project to pay off the first water bill, but that was only a one time deal. The Water Department refused $500 because they want it ali paid. Ms. Rojas has been at this residence for seven years and has always paid her rent on time. Pat Fish stated her office automatically sends copies of condemnation letters to the Housing Information Office (HIO). Gerry Strathman denied the appeaL The City cannot approve a family living in a house without water. At the request of Geny Strathman, Pat Fish took Barbaza Rojas to the Ci6zen Service Office to get the HIO, the water utility, and other agencies mobilized to assist in tlus matter. 1504 Sherbarne Avenue #2 No one appeazed representing the property. Paula Seeley reported the tenant has moved. Gerry Strathman denied the appeal. 415-417 Sherburne Avenue Jeff Cody, owner, appeared and stated he entered 'anto an agreement with the downstairs tenant for her and her friend to do properry management work and he wouid supply the materials. Other things came up and Mr. Cody gave both tenants written nofice on September 30, 1998. In October, the upstairs tenant said the rent was in the mail. The downstairs tenant made charges that Mr. Cody did not do the work. The residence was treated for cockroaches three times. The tenant called the inspector so that she could make an excuse for not paying the rent, however if y$-�g� PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 4 Mr. Cody had the rent, he would have more money to malce repairs. The tenants will not let him have access to the units to do the work. In addition, someone stole the trash cans out of the ailey. Gerry Strathman asked will the tenants be leaving. Jeff Cody responded he hopes so. He is doing the best he can with the amount of money coming in to the building. He just wants it vacant so it can be sold Paula Seeley reported a lot of items need to be taken caze of. The tenants aze working with the Southern Minnesota Regional Legal Services (SMRLS). There aze a lot of hazards in the building. The smoke detectors aze not working, the upper unit bathroom sink is leaking onto the lower unit kitchen sink, there aze cockroaches. Tf the owner does not take care of these items in a week, Ms. Seeley would like to see the property condemned. Jeff Cody responded he cannot get inside the units to fix the place. One of the tenants has a dog, but she was told dogs are not allowed. Steve Magner informed Mr. Cody that under Chapter 34, the landlord can give a tenant written notice with the time and date of entry and the tenant has to grant access at that time. Gerry Strathman denied the appeal. Paula Seeley's orders are appropriate and correct. 55 Front Avenue Lorenzo Reed, tenant; Jolene Mason, Community Stabilization Project; and John Robinson, Robinson Law Office appeared. Jolene Mason stated the appeal was filed for two reasons: 1) To give the tenants time to find alternative housing, 2) To give the tenanYs time to find out why the building is on the vacant list and to find what the repair problems aze. The owner has been noncompliant. John Robinson stated I.orenzo Reed was living in this premises for about five months until last June. His family was given notice on October 7, 1998 to move. The family has three teenagers. To find a suitable house for a family of five cannot be done so quickly. The family is asking for enough time to find suitable housing. Mr. Reed has called the inspectors to find out the problems with the property, however he was not given any information because he is not the owner. Mr. Reed is looking for one of three things 1) What is required far the repairs, 2) Time to find suitable housing, 3) Time to bring legal enforcement to owner Paul Breckman so he will bring the property up to code. Gerry 5trathman asked was rent being paid. Lorenzo Reed responded he is paying rent in cash. Steve Magner reported he found out the building was occupied so Code Enforcement went through the standard procedures. Paul Breckman has failed to take any steps to remedy this situation. �(8-�81 PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 5 Gerry Strathman stated this is a registered vacant building. In order for it to be occupied, it has to be brought up to code. Mr. Strathman asked how serious aze the repairs. Steve Magner responded this building has been vacant since October 1997. Paul Breckman did not follow through with the inspection, however the inspection has been paid for. This properry has an extensive history with Code Enforcement as faz as general maintenance issues. Some repairs have been made, but they were not made under pernut. The file was opened initially because of a fire. Gerry Strathman stated without cooperation from the owner, it will be difficult to repair this properry. Steve Magner responded if the inspection is already paid for, Donald Wagner could do the inspection. Once it is formulated, then this matter can be taken to court. The rent being charged is over $1,000 a month. Within a couple of months, that would pay for the repaizs. Jolene Mason stated she received a call from Donald Wagner on October 16 saying that there wili be an inspection on October 19 with Paui Breckman. Ms. Mason has left messages to find out if that was done. Gerry Strathman stated if an inspection was not done, Ms. Mason could arrange for it. Gerry Strathman laid over this matter to the November 3, 1998 Property Code Bnforcement meeting. This will suspend any enforcement action and give the appellants time to arrange far the inspection. The meeting was adjourned at 2:3Q p.m. rrn Council File # 98 - 9 t � �RIG�NAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 62257 Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and appzoves the October 20, 2 1948 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 Pro e�rty A� ealed A�pellant 5 370-372 Fuller Avenue (Laid over from 9-15-98) Tenance Luther 6 Appeal withdrawn. 7 8 960 Juno Avenue (Laid over from 9-15-98) Ronald Staeheli 9 Decision: Laid over to the November 3, 1998 I,egislative Hearing. 10 238 Winona Street East #1 11 Decision: Appeal denied. 12 1504 Sherburne Avenue #2 13 Decision: Appeal denied. 14 415-417 Sherburne Avenue 15 Decision: Appeal denied. 4�} Barbara Rojas Jeffrey Lundsten Jeff Cody 16 55 Front Avenue Lorenzo Reed 17 Decision: L,aid over to the November 3, 1998 I.egislative Heazing. 1 ORIGINAL 1 2 3 4 5 6 7 Yeas Na s Absent Blakey � Coleman ✓ Hazris � Benanav � Reiter ,� Bostrom ✓ Lanhy � � � r 8 Adoptedby Council: Date b�_ c�8"�_��`�� 9 10 Adoption Ce ' ied by Council Secret� 11 By: 12 Approved by Mayor: D�a� J 13 By: Reguested by Depaztment of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � 2 ��-9!I Council Gerry Strathman, 266-8575 October 28, 1998 �� ruxeEa wn RWi1NG OROER TOTAL # OFSIGNATURE PAGES zo 1998� GREEN SHEET � m�� -°Itrl N� 6225'7 MWeIID2b ancour�. ❑ CRYATfOMBY � CRYGi1R ❑ wu�tutamxcrsox ❑ wwwawaenn�ccr¢ ❑MVOR�aRAS9EiA1R) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the 10-20-98 meeting on the following addresses: 370-372 Fuller Avenue, 960 Juno Avenue, 238 Winona Street East l�l, 1504 Sherburne Avenue 4�2, 415-417 Sherburne Avenue, 55 Front Avenue. PLANNING COMMISSION CIS COMMITTEE dVll SERVICE CAMMISSION RSONAL SERVICE CONTRAGTS MUST ANSWER TNF FOLLOWING QUESTiONS: Hae fhi6 PersoNfirm ever waked undel e cantract fa this dePertmentT YES NO Has thin perw�im ever been a aty empbyce7 vES tao Ucea this PeBOMmt P� a sfdll'wt nama��YP��d M anY aunert cilY emPbyee7 YES NO tsthis pe'sonfitm atergMed ven0a't rES rio �"v�;:�'sg ;�i.S��:�°! �`����� �. r.,i:,.i. � OF TRANSACTION SOURCE COST/REVENUE 8UD6ETED (CIRCLE ON�7 I.r".f I Pl l i �: I IP� I=1 d:l VES NO (ocPwp � NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, October 20,1998 Room 33Q, City Hall Gerry Strathman, Legislative Hearing Officer Staff Present: John Conway, License, Inspections, Environmental Protection (LIEP); Pat Fish, Fire Prevention; Steve Magner, Code Enforcement; Paula Seeley, Code Enforcement Geiry Strathman called the meeting to order at 1:30 p.m. 370-372 Fuller Avenue (I,aid over from 9-15-98) Paula Seeley reported this can be withdrawn. The inspector has resolved the matter with Terrance Luther. New compliance dates have been set. 960 Juno Avenue (L,aid ovez from 9-15-98) Ronald Staeheli, owner, appeared and stated very little has been accomplished. He conUnues to ask what part of the maintenance code the building is not in compliance with, and he does not get an answer. He has worked with John Conway and severai other license personnel. All of them say the house has setfled. The foundation cunently supports the house at all points, which is what the maintenance code says it has to do. John Conway says it has settled over 20 years, but the replacement windows are over 20 years oid and ihey aze perfectly squaze. According to a conversaCion Mr. Staeheli had this morning, the house has been upgraded to dangerous. John Conway has said that the property is failing at such a slow rate that a person cannot tell it is failing, and it may fail at any time in the future, however Mr. Staeheli stated any property could fail at some point in the future. Gerry Strathman asked about the other issues. Ronald Staeheli responded he does not want to relevel the building because all the interior walls would have to be redone. He is willing to take the buckles out of the basement floors. The windows, doors, screens have to be replaced. The neighborhood is probably built on peat. Mr. Staeheli feels he would have to dig down 15-20 feet to get to approved floors to put posts under the main beam. He plans to have this house in his family for a while. John Conway reported the foundation is in a failed condition. It is irtelevant whether it failed 20 years ago or yesterday. The building code does not allow LIEP to say it is good enough. The code reads if it is failed, it has to be repaired or replaced. That was the intention of the original code compliance inspection report. It was not an order. Ronald Staeheli can walk away from it in Mr. Conway's opinion. Gerry Strathman asked what constitutes a failed foundation. Mr. Conway responded he is obligated to enforce the standazds of the industry. There is a 3{4 inch crack on one of the walls, therefore there is hydraulic pressure from the outside that is forcing these walls inward. The deternunation that the foundation walls are stable depends on your perspective. They will eventually collapse. At some point it will have to be repaired. The wall has settled and bowed in excessively. A basement slab has settled on the perimeter and has not �1�-9�i PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 2 settled at the center where the bearing posts aze. It is Mr. Conway's belief that there are pilings under the center post and that is why they have not settled, but the house has settled azound it. The slab is heaving in the middle in excess of—without measuring it--six inches. Mr. Strathman asked about the remedy. Mr. Conway responded usually what is done is jacking up the house a little bit, remove the failed foundation, put down good soils or drive pilings, and then build up from there. This process is expensive, but not uncommon. Ronald Staeheli stated the law is cleaz that the property only has to meet the maintenance code, not the standards of the industry or anything else. The universal building code has a section devoted to existing building and it says if it was fine before, then it is fine now unless it is dangerous. 'I`he universal building code was established in 1927 and this house was built in 1923 so it is moot under the law. Mr. Staeheli takes issue with the bowing. (Mr. Staeheli showed Gerry Strathman and John Conway pictures of the wall, which Mr. Staeheli says is plumb.) Gerry Strathman asked is there a way to engage a third party to offer an independent opinion. Ronald Staeheli responded he had a structural engineer look at the property, who felt the structure was supported at ali points in it's current condition. Mr. Staeheli asked far this to be in writing and the engineer asked for $500. Mr. Staeheli was not willing to pay it. Gerry Strathman stated at the previous meeting, Donald Wagner felt he had a legal responsibility to protect a future buyer of the propertp. Mr. Strathman asked would Ronald Staeheli be willing to indemnify the CSty should the building fail or cause injury or harm. 7ohn Conway responded he did not know if an agreement can be achieved to allow occupancy in view of the fact that LIEP feels it is a failed condition already. However, if there was some agreement that the property was allowed to be occupied, the only way it could be tracked in the future is to put a notice on the deed. Mr. Staeheli responded he would be willing to indemnify the City, file the indemnity with the deed, pay any fees involved with that, and add a piece of paper saying in the City of St. Paul's opinion, the foundation is failed in iY s cunent condition and may not support the structure in the future. It would come to the attention of any title company. Concerning the other issues: Ronald Staeheli stated he will repair the basement floor. Donald Wagner stated it has to be replaced. He had eazlier urged Mr. Staeheli to call a trade inspector. As of this morning, Mr. Staeheli has not cantacted one. Mr. Strathman stated the other issues can wait until the foundation issue is resolved. Gerry Strathman laid over this issue to the November 3 Property Code Enforcement meeting. Mr. Strathman stated he will talk to the City Attorney to see if an indemnity agreement is acceptable. He will also talk to Donald Wagner and others to see if something can be agreeable to ali parties. In the meantime, Ronald Staeheli should look at his legal situation and decide what he is preparedto do. ��-y�i PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 3 238 Winona Street East #1 Bazbua Rojas, tenant, appeazed and stated the water was shut off. She paid $1,100 out of her rent towud the water bill last August or September. After that was paid, a water biil came in of $1,750. The water is still off. She is living at this residence with her children. The building has been put up for sale. Ms. Rojas asked for the bill to be put in hez name, but the bill has to be paid off first. The landlord is Monroe Evans. Pat Fish reported the policy is for a 24 hour vacate for a residence without basic services. The home should have been vacated October 8, 1998. Fire Prevenfion has not been able to find Monroe Evans. He does not respond to any communication by telephone or mail. The balance on the water bill as of October 5 was over $3,000. There is also some concern about the trash buildup because there has not been any pickup service. Also, there is a concern about the number of people living in the unit. Part of the building has electrical service. Gerry Strathman asked did she have anywhere else to go. Bazbaza Rojas responded she did not. Mr. Strathman stated there are some legal processes that can be looked into. Ms. Rojas responded she paid her rent to the Community Stabilization Project to pay off the first water bill, but that was only a one time deal. The Water Department refused $500 because they want it ali paid. Ms. Rojas has been at this residence for seven years and has always paid her rent on time. Pat Fish stated her office automatically sends copies of condemnation letters to the Housing Information Office (HIO). Gerry Strathman denied the appeaL The City cannot approve a family living in a house without water. At the request of Geny Strathman, Pat Fish took Barbaza Rojas to the Ci6zen Service Office to get the HIO, the water utility, and other agencies mobilized to assist in tlus matter. 1504 Sherbarne Avenue #2 No one appeazed representing the property. Paula Seeley reported the tenant has moved. Gerry Strathman denied the appeal. 415-417 Sherburne Avenue Jeff Cody, owner, appeared and stated he entered 'anto an agreement with the downstairs tenant for her and her friend to do properry management work and he wouid supply the materials. Other things came up and Mr. Cody gave both tenants written nofice on September 30, 1998. In October, the upstairs tenant said the rent was in the mail. The downstairs tenant made charges that Mr. Cody did not do the work. The residence was treated for cockroaches three times. The tenant called the inspector so that she could make an excuse for not paying the rent, however if y$-�g� PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 4 Mr. Cody had the rent, he would have more money to malce repairs. The tenants will not let him have access to the units to do the work. In addition, someone stole the trash cans out of the ailey. Gerry Strathman asked will the tenants be leaving. Jeff Cody responded he hopes so. He is doing the best he can with the amount of money coming in to the building. He just wants it vacant so it can be sold Paula Seeley reported a lot of items need to be taken caze of. The tenants aze working with the Southern Minnesota Regional Legal Services (SMRLS). There aze a lot of hazards in the building. The smoke detectors aze not working, the upper unit bathroom sink is leaking onto the lower unit kitchen sink, there aze cockroaches. Tf the owner does not take care of these items in a week, Ms. Seeley would like to see the property condemned. Jeff Cody responded he cannot get inside the units to fix the place. One of the tenants has a dog, but she was told dogs are not allowed. Steve Magner informed Mr. Cody that under Chapter 34, the landlord can give a tenant written notice with the time and date of entry and the tenant has to grant access at that time. Gerry Strathman denied the appeal. Paula Seeley's orders are appropriate and correct. 55 Front Avenue Lorenzo Reed, tenant; Jolene Mason, Community Stabilization Project; and John Robinson, Robinson Law Office appeared. Jolene Mason stated the appeal was filed for two reasons: 1) To give the tenants time to find alternative housing, 2) To give the tenanYs time to find out why the building is on the vacant list and to find what the repair problems aze. The owner has been noncompliant. John Robinson stated I.orenzo Reed was living in this premises for about five months until last June. His family was given notice on October 7, 1998 to move. The family has three teenagers. To find a suitable house for a family of five cannot be done so quickly. The family is asking for enough time to find suitable housing. Mr. Reed has called the inspectors to find out the problems with the property, however he was not given any information because he is not the owner. Mr. Reed is looking for one of three things 1) What is required far the repairs, 2) Time to find suitable housing, 3) Time to bring legal enforcement to owner Paul Breckman so he will bring the property up to code. Gerry 5trathman asked was rent being paid. Lorenzo Reed responded he is paying rent in cash. Steve Magner reported he found out the building was occupied so Code Enforcement went through the standard procedures. Paul Breckman has failed to take any steps to remedy this situation. �(8-�81 PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 5 Gerry Strathman stated this is a registered vacant building. In order for it to be occupied, it has to be brought up to code. Mr. Strathman asked how serious aze the repairs. Steve Magner responded this building has been vacant since October 1997. Paul Breckman did not follow through with the inspection, however the inspection has been paid for. This properry has an extensive history with Code Enforcement as faz as general maintenance issues. Some repairs have been made, but they were not made under pernut. The file was opened initially because of a fire. Gerry Strathman stated without cooperation from the owner, it will be difficult to repair this properry. Steve Magner responded if the inspection is already paid for, Donald Wagner could do the inspection. Once it is formulated, then this matter can be taken to court. The rent being charged is over $1,000 a month. Within a couple of months, that would pay for the repaizs. Jolene Mason stated she received a call from Donald Wagner on October 16 saying that there wili be an inspection on October 19 with Paui Breckman. Ms. Mason has left messages to find out if that was done. Gerry Strathman stated if an inspection was not done, Ms. Mason could arrange for it. Gerry Strathman laid over this matter to the November 3, 1998 Property Code Bnforcement meeting. This will suspend any enforcement action and give the appellants time to arrange far the inspection. The meeting was adjourned at 2:3Q p.m. rrn Council File # 98 - 9 t � �RIG�NAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 62257 Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and appzoves the October 20, 2 1948 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 Pro e�rty A� ealed A�pellant 5 370-372 Fuller Avenue (Laid over from 9-15-98) Tenance Luther 6 Appeal withdrawn. 7 8 960 Juno Avenue (Laid over from 9-15-98) Ronald Staeheli 9 Decision: Laid over to the November 3, 1998 I,egislative Hearing. 10 238 Winona Street East #1 11 Decision: Appeal denied. 12 1504 Sherburne Avenue #2 13 Decision: Appeal denied. 14 415-417 Sherburne Avenue 15 Decision: Appeal denied. 4�} Barbara Rojas Jeffrey Lundsten Jeff Cody 16 55 Front Avenue Lorenzo Reed 17 Decision: L,aid over to the November 3, 1998 I.egislative Heazing. 1 ORIGINAL 1 2 3 4 5 6 7 Yeas Na s Absent Blakey � Coleman ✓ Hazris � Benanav � Reiter ,� Bostrom ✓ Lanhy � � � r 8 Adoptedby Council: Date b�_ c�8"�_��`�� 9 10 Adoption Ce ' ied by Council Secret� 11 By: 12 Approved by Mayor: D�a� J 13 By: Reguested by Depaztment of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � 2 ��-9!I Council Gerry Strathman, 266-8575 October 28, 1998 �� ruxeEa wn RWi1NG OROER TOTAL # OFSIGNATURE PAGES zo 1998� GREEN SHEET � m�� -°Itrl N� 6225'7 MWeIID2b ancour�. ❑ CRYATfOMBY � CRYGi1R ❑ wu�tutamxcrsox ❑ wwwawaenn�ccr¢ ❑MVOR�aRAS9EiA1R) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the 10-20-98 meeting on the following addresses: 370-372 Fuller Avenue, 960 Juno Avenue, 238 Winona Street East l�l, 1504 Sherburne Avenue 4�2, 415-417 Sherburne Avenue, 55 Front Avenue. PLANNING COMMISSION CIS COMMITTEE dVll SERVICE CAMMISSION RSONAL SERVICE CONTRAGTS MUST ANSWER TNF FOLLOWING QUESTiONS: Hae fhi6 PersoNfirm ever waked undel e cantract fa this dePertmentT YES NO Has thin perw�im ever been a aty empbyce7 vES tao Ucea this PeBOMmt P� a sfdll'wt nama��YP��d M anY aunert cilY emPbyee7 YES NO tsthis pe'sonfitm atergMed ven0a't rES rio �"v�;:�'sg ;�i.S��:�°! �`����� �. r.,i:,.i. � OF TRANSACTION SOURCE COST/REVENUE 8UD6ETED (CIRCLE ON�7 I.r".f I Pl l i �: I IP� I=1 d:l VES NO (ocPwp � NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, October 20,1998 Room 33Q, City Hall Gerry Strathman, Legislative Hearing Officer Staff Present: John Conway, License, Inspections, Environmental Protection (LIEP); Pat Fish, Fire Prevention; Steve Magner, Code Enforcement; Paula Seeley, Code Enforcement Geiry Strathman called the meeting to order at 1:30 p.m. 370-372 Fuller Avenue (I,aid over from 9-15-98) Paula Seeley reported this can be withdrawn. The inspector has resolved the matter with Terrance Luther. New compliance dates have been set. 960 Juno Avenue (L,aid ovez from 9-15-98) Ronald Staeheli, owner, appeared and stated very little has been accomplished. He conUnues to ask what part of the maintenance code the building is not in compliance with, and he does not get an answer. He has worked with John Conway and severai other license personnel. All of them say the house has setfled. The foundation cunently supports the house at all points, which is what the maintenance code says it has to do. John Conway says it has settled over 20 years, but the replacement windows are over 20 years oid and ihey aze perfectly squaze. According to a conversaCion Mr. Staeheli had this morning, the house has been upgraded to dangerous. John Conway has said that the property is failing at such a slow rate that a person cannot tell it is failing, and it may fail at any time in the future, however Mr. Staeheli stated any property could fail at some point in the future. Gerry Strathman asked about the other issues. Ronald Staeheli responded he does not want to relevel the building because all the interior walls would have to be redone. He is willing to take the buckles out of the basement floors. The windows, doors, screens have to be replaced. The neighborhood is probably built on peat. Mr. Staeheli feels he would have to dig down 15-20 feet to get to approved floors to put posts under the main beam. He plans to have this house in his family for a while. John Conway reported the foundation is in a failed condition. It is irtelevant whether it failed 20 years ago or yesterday. The building code does not allow LIEP to say it is good enough. The code reads if it is failed, it has to be repaired or replaced. That was the intention of the original code compliance inspection report. It was not an order. Ronald Staeheli can walk away from it in Mr. Conway's opinion. Gerry Strathman asked what constitutes a failed foundation. Mr. Conway responded he is obligated to enforce the standazds of the industry. There is a 3{4 inch crack on one of the walls, therefore there is hydraulic pressure from the outside that is forcing these walls inward. The deternunation that the foundation walls are stable depends on your perspective. They will eventually collapse. At some point it will have to be repaired. The wall has settled and bowed in excessively. A basement slab has settled on the perimeter and has not �1�-9�i PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 2 settled at the center where the bearing posts aze. It is Mr. Conway's belief that there are pilings under the center post and that is why they have not settled, but the house has settled azound it. The slab is heaving in the middle in excess of—without measuring it--six inches. Mr. Strathman asked about the remedy. Mr. Conway responded usually what is done is jacking up the house a little bit, remove the failed foundation, put down good soils or drive pilings, and then build up from there. This process is expensive, but not uncommon. Ronald Staeheli stated the law is cleaz that the property only has to meet the maintenance code, not the standards of the industry or anything else. The universal building code has a section devoted to existing building and it says if it was fine before, then it is fine now unless it is dangerous. 'I`he universal building code was established in 1927 and this house was built in 1923 so it is moot under the law. Mr. Staeheli takes issue with the bowing. (Mr. Staeheli showed Gerry Strathman and John Conway pictures of the wall, which Mr. Staeheli says is plumb.) Gerry Strathman asked is there a way to engage a third party to offer an independent opinion. Ronald Staeheli responded he had a structural engineer look at the property, who felt the structure was supported at ali points in it's current condition. Mr. Staeheli asked far this to be in writing and the engineer asked for $500. Mr. Staeheli was not willing to pay it. Gerry Strathman stated at the previous meeting, Donald Wagner felt he had a legal responsibility to protect a future buyer of the propertp. Mr. Strathman asked would Ronald Staeheli be willing to indemnify the CSty should the building fail or cause injury or harm. 7ohn Conway responded he did not know if an agreement can be achieved to allow occupancy in view of the fact that LIEP feels it is a failed condition already. However, if there was some agreement that the property was allowed to be occupied, the only way it could be tracked in the future is to put a notice on the deed. Mr. Staeheli responded he would be willing to indemnify the City, file the indemnity with the deed, pay any fees involved with that, and add a piece of paper saying in the City of St. Paul's opinion, the foundation is failed in iY s cunent condition and may not support the structure in the future. It would come to the attention of any title company. Concerning the other issues: Ronald Staeheli stated he will repair the basement floor. Donald Wagner stated it has to be replaced. He had eazlier urged Mr. Staeheli to call a trade inspector. As of this morning, Mr. Staeheli has not cantacted one. Mr. Strathman stated the other issues can wait until the foundation issue is resolved. Gerry Strathman laid over this issue to the November 3 Property Code Enforcement meeting. Mr. Strathman stated he will talk to the City Attorney to see if an indemnity agreement is acceptable. He will also talk to Donald Wagner and others to see if something can be agreeable to ali parties. In the meantime, Ronald Staeheli should look at his legal situation and decide what he is preparedto do. ��-y�i PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 3 238 Winona Street East #1 Bazbua Rojas, tenant, appeazed and stated the water was shut off. She paid $1,100 out of her rent towud the water bill last August or September. After that was paid, a water biil came in of $1,750. The water is still off. She is living at this residence with her children. The building has been put up for sale. Ms. Rojas asked for the bill to be put in hez name, but the bill has to be paid off first. The landlord is Monroe Evans. Pat Fish reported the policy is for a 24 hour vacate for a residence without basic services. The home should have been vacated October 8, 1998. Fire Prevenfion has not been able to find Monroe Evans. He does not respond to any communication by telephone or mail. The balance on the water bill as of October 5 was over $3,000. There is also some concern about the trash buildup because there has not been any pickup service. Also, there is a concern about the number of people living in the unit. Part of the building has electrical service. Gerry Strathman asked did she have anywhere else to go. Bazbaza Rojas responded she did not. Mr. Strathman stated there are some legal processes that can be looked into. Ms. Rojas responded she paid her rent to the Community Stabilization Project to pay off the first water bill, but that was only a one time deal. The Water Department refused $500 because they want it ali paid. Ms. Rojas has been at this residence for seven years and has always paid her rent on time. Pat Fish stated her office automatically sends copies of condemnation letters to the Housing Information Office (HIO). Gerry Strathman denied the appeaL The City cannot approve a family living in a house without water. At the request of Geny Strathman, Pat Fish took Barbaza Rojas to the Ci6zen Service Office to get the HIO, the water utility, and other agencies mobilized to assist in tlus matter. 1504 Sherbarne Avenue #2 No one appeazed representing the property. Paula Seeley reported the tenant has moved. Gerry Strathman denied the appeal. 415-417 Sherburne Avenue Jeff Cody, owner, appeared and stated he entered 'anto an agreement with the downstairs tenant for her and her friend to do properry management work and he wouid supply the materials. Other things came up and Mr. Cody gave both tenants written nofice on September 30, 1998. In October, the upstairs tenant said the rent was in the mail. The downstairs tenant made charges that Mr. Cody did not do the work. The residence was treated for cockroaches three times. The tenant called the inspector so that she could make an excuse for not paying the rent, however if y$-�g� PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 4 Mr. Cody had the rent, he would have more money to malce repairs. The tenants will not let him have access to the units to do the work. In addition, someone stole the trash cans out of the ailey. Gerry Strathman asked will the tenants be leaving. Jeff Cody responded he hopes so. He is doing the best he can with the amount of money coming in to the building. He just wants it vacant so it can be sold Paula Seeley reported a lot of items need to be taken caze of. The tenants aze working with the Southern Minnesota Regional Legal Services (SMRLS). There aze a lot of hazards in the building. The smoke detectors aze not working, the upper unit bathroom sink is leaking onto the lower unit kitchen sink, there aze cockroaches. Tf the owner does not take care of these items in a week, Ms. Seeley would like to see the property condemned. Jeff Cody responded he cannot get inside the units to fix the place. One of the tenants has a dog, but she was told dogs are not allowed. Steve Magner informed Mr. Cody that under Chapter 34, the landlord can give a tenant written notice with the time and date of entry and the tenant has to grant access at that time. Gerry Strathman denied the appeal. Paula Seeley's orders are appropriate and correct. 55 Front Avenue Lorenzo Reed, tenant; Jolene Mason, Community Stabilization Project; and John Robinson, Robinson Law Office appeared. Jolene Mason stated the appeal was filed for two reasons: 1) To give the tenants time to find alternative housing, 2) To give the tenanYs time to find out why the building is on the vacant list and to find what the repair problems aze. The owner has been noncompliant. John Robinson stated I.orenzo Reed was living in this premises for about five months until last June. His family was given notice on October 7, 1998 to move. The family has three teenagers. To find a suitable house for a family of five cannot be done so quickly. The family is asking for enough time to find suitable housing. Mr. Reed has called the inspectors to find out the problems with the property, however he was not given any information because he is not the owner. Mr. Reed is looking for one of three things 1) What is required far the repairs, 2) Time to find suitable housing, 3) Time to bring legal enforcement to owner Paul Breckman so he will bring the property up to code. Gerry 5trathman asked was rent being paid. Lorenzo Reed responded he is paying rent in cash. Steve Magner reported he found out the building was occupied so Code Enforcement went through the standard procedures. Paul Breckman has failed to take any steps to remedy this situation. �(8-�81 PROPERTY CODE ENFORCEMENT NOTES OF 10-20-98 Page 5 Gerry Strathman stated this is a registered vacant building. In order for it to be occupied, it has to be brought up to code. Mr. Strathman asked how serious aze the repairs. Steve Magner responded this building has been vacant since October 1997. Paul Breckman did not follow through with the inspection, however the inspection has been paid for. This properry has an extensive history with Code Enforcement as faz as general maintenance issues. Some repairs have been made, but they were not made under pernut. The file was opened initially because of a fire. Gerry Strathman stated without cooperation from the owner, it will be difficult to repair this properry. Steve Magner responded if the inspection is already paid for, Donald Wagner could do the inspection. Once it is formulated, then this matter can be taken to court. The rent being charged is over $1,000 a month. Within a couple of months, that would pay for the repaizs. Jolene Mason stated she received a call from Donald Wagner on October 16 saying that there wili be an inspection on October 19 with Paui Breckman. Ms. Mason has left messages to find out if that was done. Gerry Strathman stated if an inspection was not done, Ms. Mason could arrange for it. Gerry Strathman laid over this matter to the November 3, 1998 Property Code Bnforcement meeting. This will suspend any enforcement action and give the appellants time to arrange far the inspection. The meeting was adjourned at 2:3Q p.m. rrn