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88-1932 WHITE - G�TV GLERK PINK - FINANCE GITY OF SAINT PAUL Council (/��G IJ CANARV - DEPARTMENT )[�( !/��1� BLUE - MAVOR File NO• �� W Cou il Resolution ��. � �� , �' �' Presented By �,� Referre Committee: Date Out of Committee By Date WHEREAS , On June 9 , 1988 the Saint Paul Truth in Sale of Housing Board held a hearing to consider whether or not Richard Warwick should lose his certificate of competency as a Truth in Sale of Housing evaluator; and WHEREAS , after a full hearing on the matter, the Truth in Sale of Housing Board reached a final decision and sent a letter dated June 17 , 1988 to Mr. Warwick informing him of the Board' s Findings of Fact and the Recommendation which included a determination that Mr. Warwick' s license be cancelled. A copy of this June 17 , 1988 letter is attached and incorporated by this reference ; and WHEREAS , Mr. Warwick appealed the June 17, 1988 Findings and Recommendation in a timely manner; and 4VHEREAS , on November 1 , 1988 and November 8 , 1988 a hearing was held before the Saint Paul City Council to consider Mr. Warwick' s appeal from the final decision of the Truth in Sale of Housing Board. NOW, THEREFORE BE IT RESOLVED, upon consideration of the record, exhibits and statements made by the parties , the Saint Paul City Council has determined that the Findings of Fact contained in the June 17 , 1988 letter are an accurate portrayal of the facts in this case and confirm these findings as the findings of the Saint Paul City Council ; and BE IT FURTHER ADVISED, that based upon such Findings , the Saint Paul City Council hereby cancels Mr. Warwick' s certificate of competency as a Truth in Sale of housing evaluator. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Long in Favor r_- .:� Rettman �;�, �__ Against BY Sonnen�'� Wilson Form Approve City A ney Adopted by Council: Date �-- ` �► ��-f� Certified Pa. • ncil S re r BY gy, � Approv by Mavor: Date _ �� 1�R Approv Mayor for Submi ' n o Council .` By �d,��S� �'�� 1 '7 19g� . � � � ��9� � � J ` .��•��- CITY OF SAINT PAUL �� ' DEPARTMENT OF �OMMUNITY SERVICES . ; , �• , , : ��;��, : � " C►'+'ISION Of PUBLIC HEALTH �� SSS C +es.�--3:rKt,Saint Paul,Minnesota 55101 Gcorge L�timer (6�2)292-7741 Mayor June 17, 1988 Richard tti'arwick 306 South Exchange Street Saint Paul, Minnesota 55102 RE: Notice of the action taken by the Truth-in-Housing �rd at the Final Disciplinary Hearing held on June 9, 1988. Dear Mr. Harwick: The Examining Board for the Truth-in-Housing E�aluator� �or the City of Saint Paul'met on J�e 9, 1988 to consider your appe.al � the Prel�mir�ry Disciplinary Decision of the Board. At this hearing Mr_ Steven Roy, Supervisor of the Trut1i-in-Housing Program for the Citg nf Saint Paul, resu�tciitted his findings and recanrn-ndations concernin� �our fitness to , continue as an �Ualuator. Mr. Roy's recam�endation cos�nued to be that your Truth-in-Aousing Certificate be cancelled. You w�-� in attendance at • this meeting and were afforded the opportunity to pres� witnesses on your behalf and to cross examine the witness for the Ci._—r. You received s�aecific notice of the Board's Prel�m�*�►ti �'indings and referenced exhibits in a letter sent to you by myself, c�ted April 20, 1988, a copy of which is i.ncorporated by this referencE as Exhibit B. The facts and exhibits refererx�d in that letter were s-��T-`t� to the Board , during the Final Disciplinary Hearing on June 9, 1988. After oonsidering the testin�any of the parties, the Ex��its and Preliminary Findings, the Examining Board for the Trut�-in-Hou.sing �aluators for the City of Saint Paul , hereby m3kes thE �olla,-ing Fi.nal Findings of Fact and Reca;mendation ooncerning Richard �ncick's fitness as an �aluator and his Certi.ficate of C.oc�.�etency: 1. That the facts as alleged in Mr. Roy's proposc� find.ings and re�ations (Exhibit A) are accurate and �e been substantiated by the evidence. The Board her�+r deterniines that Richard k'arwick is unfit to continue as an ��nator for the Saint Paul Truth-in-Housing Program, in that � has violated Sections four, five and eight of the Oode of E:�hics for Truth-in-Housing E�aluators, and violated Arti�le XV, Section 2 of the Bylaws and Rules of Pracedures of the '�ruth-in-Housing Examinina g�rd, and did an inadequate job of 3nsFaection at 2077 " Wellesley Avenue. His a�eal of the Board's F'�eliminary Findings is denied. , � ��-�g3�. Richard i�arwick -2- June 17, 1988 2. That Mr. t�►'a.rwick may appeal the Final Decision of the Board within ten (10) days fram the date of receipt of this notice. Said hearing shall be held pursuant to Section Six of Article XV � of the Bylaws and Rules of Proc�ure for the Tn�th-in-Aousing Program. The reciuesst for an appeal must be in writir�g and filed with the City Clerk at the follos,�ing address: Saint Paul City Clerk Roan 386 - City Hall Saint Paul, Mi.nnesota 55102 Any ap�eal and request for an ap�eal m�..st state with specificity all objections and challenges to the Board's fi.nal decision. In the event of an�appeal, i�lementation of the Board's recatmenc3ation to cancel this license M�11 be stayed until the decision of the City Council. 3. Any such a��eal shall be based on the record, including transcripts and exhibits of the Final Disciplinary Hearing of the Board. The �aluator pursuant to Section Six E of the Bylaws and Rules of Procedure of the Trut,h-in-flousing Examining Board shall be responsible for ordering and paying for transcripts of the Final Disciplinary flearing and pr�victing copies to the Council prior to their review. • 4. That any objection or challenge not filed within the ten (10) day ap�aeal period shall be deen�d waived by the �aluator. T'he E�aluator shall be bound by the Final Decision in the event he/she fails to appeal the Board's Final Decision within the time period and m3nner s�ecifically provided in the Bylaws and Rules of Procedure of the Saint Paul Examininq �� for Truth-in-Sale of Housing �aluators. 5. The Board reserves the right to reject or aoc�pt any future application for a certificate of caq�etency fran Richard Wanaick. If deemr�d appropri.ate the Haard may �stablish additional requirements prior to the aoceptanoe of any application. Please be advised that a oo�y of all referenced exhibits is on file and available for your review in Roan 211 of the Division of Public flealth, 555 Cedar Street, Saint Paul, Minnesota. You tt�y aocept the Final Findings and Reoorrrne.ndations of the Board by surrendering your oertificate to Steven Roy in Room 211, Division of Public Health, 555 Cedar Street, within ten (10) days frocn the date of receipt of this notice. Your cancellation will becane effective the day your license is surrendered or ten (10) days after receipt of this notice if no appeal is filed. - � ��-�9�� , . Richard Gdanaick -3- . June 17, 1988 At all times during the period in which your license is cancelled you are prohi.bited from perfonning evaluations or .pranoting or advertising your services as an evaluator. Very truly yours, � � �� .,� � . . ��d. Than3s Delaney, C�person P Truth-in-Sale of Housing Board TD:jm . C: Hoard M�nt�ers John Ak..-(7ormick, Assistant City Attorney Greg Helland �� ;' ,�ic,l�-�q3� _ . . .. . _-� .�l° 012927 , ,, Communit�r Services Dgp�g�Ng . - - - - � S t e v e n R. R o y � CONTACT NA'ME ' 292-7716 PHONL � 11/i6/88 DA�E FOR HOUTING ORDER: (See revers� • ; �� _ Department Director �r 3 Mayor (or Assistant) ` Finance and �etnagement Services Dir�a�c�rY �'y`� 4 City.Clerk Budget Director � �R�tiC i t y C o u nt i l � Citp Attorney _ TOTAL NUMBER OF SIGNATURE PAGES: (Clip all locations far signatur�.) - WHAT WILL BE AGHIEVED B� TAKING ltCTION ON THE ATTACHED MAT�RIAL54 (Purpese/Rationale) ; The St. Paul Truth-in-Sale of Housing Cer�ificate of Competency ' of Evaluator� Richard Warwicki will be cancelled. RECEIVED NQV 1�'T 1�8 COSTJBENFFTT. BL��TARY AND PERSONNEL IMPACTS A TICIPATED: �� None FTNANCIN� 3QjTRCE AND BUDGET ACTIVITY NtJIiB�R CHARGED OR C EpITED: (Maqor'� signAture not required if under g10,000.) Tota]. Amount of Trans�ction: N one Activity Number: Funding Source: None Counci�' Res�.arch Cenfier � , «OV 3 01988 �►TTACHMENTS: (List and number all attachments.) 1 . June 17� 1988-Final findings of the Truth-in-Sal,e of Housing Board 4�DMINI&TRATIVE" PROCEDURES _Yes X No Rules, Regulations, Procedures, or Budget Amendment rec}uired? �Yes _No If yes, are they or timetable attached? ' DEPART1rIENT VIEW CITY ATTORNEY REVIEW X Yes �No Cou�ncil resolution required? Resolutf.on requiredT �Yes _No _Yes X No Insurance required? Insurance sufficient? _Fes _No J _Yes ,�No Insurance attached? �".�,� �"% Yf iR '4 .�I�ii..�uM�� J i..# K. _ 'K "n�! 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"��.v " e' 1�: �� ' k.� 1 - J yi i sl'y.-, � 'C.: � `� � �a � �-r�� . � �" ' ti ti- r �. �4.� r: c s ..� ♦r 7 �` .� �}�.;,,�'��N w.3+ � '� 1 : ' I� . � i x.' r :��' -, y# �" ;/. � T -�k �'y„ • �,. � �. � � , r' y��_ � � � ^t �� ,� � ` }.�` ' �l � { �,� � ,� '� ` �C i� F� � '�- ��ti ' � b _ �'�' i,: �a,1` t,�+! � � . .Sq, .r.: � a '` '� c � � 1 .: �„ .x ��4 i,�*��'"��.s� �'_.,:� .[_. ,_ . . .. E..s,.�.�..�, � _.� , .� . , , ._�,. . - c.� — �.... . _ _ .... ._ _., e� ...,ai� .�vd .a.w, Kz..,.r;��s�,�,4),d��;L.__,,. , . c�x- v..►�—�—„� .._.---,.....,., R9�mbers: Janice Rettman. chair �� CITY OF �AINT PAT�'''� Bill WiJson �� a�ItI3'fl'•1; . tl�! t l;!It � OFFICLr OF THE CITY r�T�1�TCIL BOC3 L.Otlg Q+ "/j3� � Date: September 1, 1985 JANICE RETTMAN • ��,�,��n Committee Report To: Saint Paul City Council From : Gommunity and Human Services Committee . Janice Rettman, Chair A meeting of the Community and Human services Committee was held at I:00 p.m. on Wednesday, August 31, 1988: 1. City Council Agenda 7/12/88, Item No. 3: Appeal of Dick Warwick to a decision of the Truth in Housiag Board pertaining to his cancel��license. aid over fr9j� � � August 17, 1988, as requested by Dick Warwick.) �yc� -�.� ��('"�c� Under advice of the City Attorney's Office, this item �Could be heard by the full City Council. Transcripts available at City Clerk's Office, similar to adverse hearings. Public hearing date needs to be set at an official Council Meeting (to be approximately two weeks after it appears on the City Council agenda) . 2. City Council Agenda 7/28/88, Item No. 56: Resolution - 88-I253 - Suspending On Sale Intoxicating Liquor, Sunday On Sale and other licenses held by� Arnold Kampa dba Patrick's Lounge, located at 1318 W. Larpenteur Avenue. (Not conteste.�.) . At the request of the attorney representing Patrick's Lounge, the item was laid over to September 21, 1988 so that we may have all alleged violations heard at the same time. 3. City Council Agenda 6/30/88, Item No. 5: First Reading - 88-1071 - An ordinacnce amending Section 310.03 of the Legislative..Code pertaining to -Uniform Lice�se Procedures for investigation and review of new applieations for BCA and FBI checks of Class III licenses. (Laid over to August 17, 1988 so that Jerry Segal may review, author's potential amendments.) (Laid over from August 17, 1988 so that Ms. Sonnen may address the issue.) , Laid over,to September 21, 1988 so that Ms. Sonnen may be present at the Committee meeting. 4. Phil Byrne's Presentation: Voting �ptions; Adverse Hearings Discussion. (ALL �- COUNCIL MErIBERS ARE ENCOURAGED TO ATTEND.) Discussion was held. 5. City Council Agenda 8/2/88, Item No. 2: First Reading - 8$-1255 - An ordinance amending Chapter 162 of the Legislative Code pertaining to parking and traffie violators. Recommended for approval, on 3-0 vote, with amendment (changing "five" or more parking or traffic citations to "three" or more parking or traffic citations) . CI'I'Y HALL ROOM N0. 718 SAINT PAUL, MiNNFSOTA SSI02 6121298-5289 :.�.as ��.Y: '� ''�' ` = � � ::�-Y yy'"'�"�" "�:; =-- -. -- - � --- , . ELECTRICAL 1NSPECTION FORM_;,,' ---- . - �3"� ' ':� ; ,;; � . _ f; ° -- . _. �-�--s—'�—:._� - ---_ . . ' � - �I : � _ , ^Rough In Calls --- ' r�r�� , _ �1:. - � . . . , _ .. -.; Other CaIIS _ -� ?-.� ,�}!O._ _ ; . ,_ .. _-- , .: _ �_ _ . '. _"'--'_. . . . , - . _ . ,. . . — -- — __ —._-- , _--t ' - ".i — ---- ...__---�--� . . � _ - ,� . Service Oate .- .. • . _ � . _ : '� '�. : " !-. � ��• �. �,F�• - k� ,y / y -- . .._._" '______'" �._. 4 � . a '�'2�'t_ J ♦ixY'"f� n�'�+i yW�1.3 ...k,�.�+�.�r,i*�,�/�M . � _. . r� t � • �-= ro�_ s..: � o �e--� .ti 'L �if ---' -' . .'-..__ ..^� `� _` � i . . . `' , ? _ -� . 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Final Inspec;ion Date � � - ' •+ Inspector � �,7 � . . �. - � _ . . - :t t _ '� �. .,. . . —. , _LV;__ .. � ..'�' - , �: � � +.'. �ti � . �r fh' .�`_' - •� '!'�r _ �`. �' .. y�5��`"ry�+�.�"�n�a��4�� " ' ' a. " . " '._�. �.'�✓ ..� .i � r:.h.a-+ ;l �1�•f �� . ' . .;'�� _ �>r +rT�w� 10. J.�'+� :`,� ..✓� .,u ,@�:c; X n -��l.ry.w. r- .. "._'•'R°c'�- __�_ �.�.. -. e;� .... -, �! �� .,. t .. ...,. a.i..�: .. `�: �: .. _.. ., ..,. . _-.. . . ' ' . - . ._"- '��' Y ' ` ` �_��'L�� '�"� ''�4�� P�RMIT FOR ELECTRIC WOR , ;��- . . _ ..'; . . . . - '.i . _ - .. . � = .; " _ -CITY OF SAINT PAUL• . � �`` . INSPECTOR � ��. -- - � --. . DIVISION OF HOUSING AND BUILDING � • � . CODEENFORCEMENT ' � 445 CITY HALL . _ I .- . ' ' - ST.PAUL,MN 55102 _ � _. .. � --- -- --�--- .. .. - "' ,. -. � ��'� f J t �n , - _ I _ � -a7 � � -''� rL — -- - - _ _ �,•;, ,JC� �__��.� �-- Permit No.Area Only ADDRESS OF JOB ,j - � =_ _ . - � �� O W N E R L-%`�" .�..:"<< -=�_ `� .. � • _ St. Code r - �jU rikai r`'�`f"�,��,"'.�' �t.�`.,,�3 Z"��y �.r.�°�i� 2dtr�q ��/ +:y`II/•~!-� b n .�w:..X�.�( �,. �1 � �i_ . _ . '. � __. . _ __ _ . . - . .. ._'__ "_ ' �� : OWNERS ADDRESS ��'"' �-- - - - :.. . . • -". Q OLD � _ . , � _ , ❑ NEW TYPE CONST. �-'-�� =� ' ''� OCCUPANCY � � `-�` ` _ ' , � � .y ' r^ �,.: . DATE - "' -' "- EST. COST ' - � . fEE SCHEDULE ON REVERSE NO. FEE _ .. ,. (Z50 V ' SERVICE orless) Above TRAFFIC SIGNAL ,:_. . .. : • ,, , _. _ .._ _.. .. � � -- .;. _. � � - NO. NO. FEE STANDARD - � - � �- - STREET UGHTING �- 0-100 _ STANDARD � � ' � � � ' � � � � ' - � LOW ENERGV OPENINGS NO. .FEE � - �f ° � -'� 101-200 FIRE ALARM - ^'z`�'�%i�"�,`'-s�?;,f�'i,�'u't.��d'�a"s'`'-s�,Sy^"�rw'xs�r.�`qTZ°a�i_ . . . = _ , -� - � OTHER�(SpecifN.) _ - .. � . . . - . � � - . . . - ' ' _.r TRANS.&GEN: - NO. � -- FEE r :'► '. -, -- �' `-,`. ,_ .._ S12E IN KVA . �.` .x'' ti . . . . v'Y":�`- �. -', f �'t* .`'S 1• uw�;Ya . . _ . 'l . _ .- _!.-A: `._.,--.-��....NT�_� _" _� . ""_ • CIRCUITS& ' (250 V � `L-- . , _ SUBFEED$ or less) Above _ , _ T:c . �'� . s�`� x.` . , }. . e '` NO. NO. , FEE . '_ _. . . �` � ' '^-`� ' O'3O � . EI.EC.SIGN TRANS. • NO. . \ FEE - _. , , __.:�. .. . _.. . � ...' ::- + _ .. ,,.. �..�.�..� . , � .. � • --' - - - - - SIZE IN VA- ' - __ ,-, . , L : ; -, _ - _ . -. ---- _... > .. .. . �,. -31-100 :� . �' i � - " � s: '�- � K TOTALFEE _ � �c'�'.'��t "�N•-..,�'"".�-{'�t'3'sd"'� ��'w�-�`t...;¢ +�s.�^+ie'� .� : - lMin.20.00I ;^� - . rr-a�� ,� �.�T �Y.� f�,.=r,, � �"r, r�� 101-200 - �- �- _ � - - _ _ ► '- . � STATE SURCHARGE 50E "" . .. _. - ' � ;�a� COMMENTS: TOTAL PERMIT FEE _, �� , �-`. �- �"� ' -. ,, • � . , --�- � _ �;. -___,_... :. . _. .. ., , .� ., _ .. .. . ----- --- ---�--- ---- �------- . _ _-- , . _ ... . :� :_ •. , � � � % ;: t _ ,� , hY �,_v - ._ .. ,. .. :,, . -: _, : -- � � . APPUCANT CERTIFIES THAT ALL INFOR- - � . MATION IS CORRECT AND THAT ALL PER•_ - . TINENT STATE REGULATIONS AND CITY- ORDINANCES WILL BE COMPUED WITH IN - PERFORMINGTHE WORK FOR WHICH THIS _ - ; PERMIT IS ISSUED. . � - - -�- -�• - �c{.� K' r ._4�,��hr%te�h�[-�{ �'4i' t��,�.+3.1.�St� .� �..' �'J.. �-- ' �'� _ " _ - ----- — • - ' . ..f""„x`j�"�;�-+ tt^'��r�Z'v"�T'l-3�.Y-4 r� v 1.w'C,aZa_y'��,�t'/F ._ . - S i f; .. __ .. . _.' . .f. .1•!.. �1� '�� --r . _'�. _ . . . - - .AUTHORIZED SIGNATURE --- ' . . ' TELEPHONE NO. _ ,. �- . _ —7� � .r�..�� . v. . '� . . .. i• ._. _ . FIRM NAME and ADDRESS -- -�- ---- c,asHiER'S USE ONLY -- - - " r . _ WHEN VAUOATED THIS IS YOUR PEFiMIT. . . . . . . _. . . . �� - i i-. r► �j � � . . . �� . .1 , � r i I'\ r� � �' . _ "7 � _ ' - . ,- _ . • '1� / �r � �i�-/` �:i•1 ��l�(...! ��,�_ , %...1. - . � � :: � � � � t r �.� � � r 3 } � ` , ' + �`i 1=i-.'1 i. !✓.< .� !'.�A rj �. _ !n . - - - Z�P "; �f ,��v;''"y'��If�,.,_�''r�'p��,s1F'c.�'�'��h��`.�'�� s - ' _ • ^ -_ �=. i�`L �� _ i��— . _ _ � ._.. ._ _. _ a.,. , _ November 7, - 1988 , . , M E M 0 R A N D U M , _ ,� . . ; , � ; - ' TO: ` Members of. the City� Council ; . .. ;; :. FROM: .,Tane< A. Mc�'eak Deputy :City Attorney RE: � Richard Warwick Appeal ;,- _. At your November. 1, 198 8 � Ci ty �,Counc i l •`..meeting ;pou, asked ,that�; I , J : � '� , , , :adv�ise you.. as to ,the : standard of ��review: for.,the•�above,-re�erenc'ed .� :.'•` ' matter and ."what, if ` any� of the.'." requirements of, : the;s:Minnesota > > Admini�strati�e Procedures` Act, e.g. appointing an ' independent hearing-examiner apply in this case. Saint Paul Legislative ,Cod� Section 169.. provides that the council _ shall: conaider� an appeal ;:from the Examining Board..: for �. Truth :_in '�� . , Housing, Evaluators < based on the record of :;the ':hearing before that ��<��r Board' and �any written submissions �from .�tlae . app�llant.;, ,�;:Although ��s a > `�� -:Chapter . 189:'�� doe's . not specify. ,.the��'standard vf �review:��,,like ^some s ,�;��'f .. ,- other, Chapters aYwith whicti;,'you ;are.�familisr:., . ,the ..requiremerlt tYiatti ,�� h - a reu,iew,�,:be'�:�based;- on ��the record .generally.�,m�ans�.that:the reViewing i�'��` � �,_�- � .agency or ^,'body ..{in this �;instance_;"the� council`)r give° deference�R;to �� .�;fi �� the .-decisibn :which .is: the-`sub j ect `of- the��Yappeal. . :.ThiB•'means. �tiat�� ;��' '� ` " in: order: to reverse- or modify the decision �of � the==�Examining Boa�d `` � ��; for ' Truth" .�in, Housing ;Evaluators you must:. find - some, ��substantial� �5{�; �. " r ' , ; ' error of :fact , law .or .. _ �t�R�,,,� �.:`,�z� , procedure. > This lts;.the same standard you ��µ�:� � , , use _swhen :'review�ng : actions of `�the ,�Planning Commi�sion��or�z8oard��^ y'�fi - of�Zonin A eals�,: , ` t', +* "'��. °' "' g: PA � r ��+�� :� t , ..: ,;. � : � , , . : �:; ' � .. � ' k � ,., �. , , ,: : : ' o ��' a,. I have reviewec� � the �Minnesota Administrative ;Procedures�yAct�A (APA)��&�r�U�'��° �`t �`� ?,t; found .at 'Minnesota, Statute; Chapter-�14 �and due pracess requirsinent�s��'�}��'r � '��4 �'. Neither. ,the:.APA which. by ;its terms applies :,only to ", r;.`any; state �;��y ;�.��;�:! officer�� _� board� .�.,=;commission, �buresu; ''��.div�.s�icn, :�� dep$rtmeint, � ;.or�.�"�z x '..�y_._ , tribunal�. . ,havi"ng �- a statewide jurisdict�on_. arid authorized t�.�by t�l:aw;��4�� <_ `,M: � " ` , _ � � � �, .. . . � i r � P�s s�'�a.r y �� .. . �:t r�yt _t4{� �� _, ��.k ♦i �r � . - , , ,:: - �. ,� �.' . , . , . . . ,., . .'. .�. " . ,' :. ... .,. . ., . .�..' t , „ .. ,� .: � ... . . '. ..� . , .�.. ,, . . ..:. : t , . .. . , .. . .-.� .. . : , . ... , ,. ... .�� A :i' �s? . '�.. . i. .. . . .:. � �.. y C .� , , .. _ to make rules or to adjudicate contested cases. " (Section 14.02 Subdivision 2, emphasis supplied) or fundamental due � mandate that any procedures in addition to those listed in rSaint Paul Legislative Code Chapter 189. be followed. Chapter 189. i; requires adequate noti�e and a full and fair hearing within a �i reasonable time after Board action and sets forth an a �' ppeal : process., Nothing more is required. � i JAM/lmm � I i; � � , I�! I � : ; . ,I, � i ;! ; ,. .� _ ;;, . i , �i - 1 '; !I ,� i l; . � . 'I • ` � . : i � �xG��6��f" !� ��'"/ ��3-z.� ��; " 4 � CITY OF SAINT PAUL . `.�...,,. ; ;. �DEPARTMENT OF COMMUNITY SERVlCES ; ��'��°�� ; . . . • DtVISION OF PUBLIC HEIILTH ° "" 555 Cedar Street,Saint Paul,Minnesoa 55101 (612)292-77I7 - George latimet_ _ . . . Mayor - � �� . � � April 20, 1988 � � �,��, • � Ricl�iard tiv'arwick � 306 South Exchange Street � . � Saint Paul, Minnesota 55102 RE: Notice of the action taken by the Truth-in-Housing Board at the Preliminary Disciplinary Hearing held on April 7, 1988 - Dear Mr. H'arwick: _ � � . The Examining Board for the Truth-in-Housing �aluators for the City of Saint Paul met on Apri1 7, 1988 to consider the advisability of taking action against your certificate of cortg�etency as a Truth-in-Housing evaluator. At this hearing Mr. Steven Roy, S�,ipervisor of the Truth-in- Housing Program for the City of Saint Paul, submitted his findings and . • r�ndations concerning your fitness to continue as an evaluator. Mr. Roy's recoctmendation was that your Truth-in-Housing certificate be can- celled. You were in attendance at this meeting and also addressed the Board. . • You received specific notice concerning Mr. Roy's proposed findings and . re�ndations in a letter sent to you by Mr. Roy, dated March 25, 1988, a copy of which is incorporated by this reference as �Exhibit A. The facts . and exhibits referenced in that letter were su�cnitted to the Board on . . April 7, 1988 by Mr. Roy. In response to Mr. Roy's presentation, you indicated to the Board that this car�laint was the first to be filed against you as an evaluator for - the City of Saint Paul. As a result, you were unfamiliar with the review . pr�or,ess and the Board's expect.ations concerning c�liance with the Board's reguests for information. You ind.icated an attorney had advised you not to respond in writing to the Board's rer�uest for infbrmation and you were confused by the proc.edures used. You also stated your belief that the only way the matter could be . resolved would be through Mr. Roy's inspection of the subject property re- '. gardless of any response you may have to the cat�laint. � r � � . . � .. . . _ . . . � . .. . . . . Richard Warwick � -2- ' , April 20, 1988 . • After considering the testimonY of the parties, �the exhibits and proposed findings, the Exami.ning Board for the Truth-in-Housing �aluators for the City of Saint Paul. hereby makes the folloc�*ing preliminary findings con- cerninq Richard V►'arwick's fitness as an evaluator and his certificate of - con�etency: 1. That there is a reasonable basis to make a preliminary finding � that the facts as alleged in Exhi_bit A are accurate, and that � E�aluator `►arwick is unf it to continue as an E,valuator for the � � Saint Paul Tru�th-in-Housing Program, in that he has violat�d ' � Sec.-tions four, five and eight of the Code of Ethics for Truth- � ' - in-Housing EValuators and did an inadequate job of inspection , . � - at 2077 Wellesley Avenue. 2; That Mr. Warwick may request a formal hearing before the Examin- � ing Board within f if teen c3ays f rosn the date of receipt of this notice. Said hearing shall be held pursuant to Se�tion Four of Article XV of the Bylaws and Rules of Procedure for the Truth-in- - Housing Program. The request for a hearing must be �sent to: Thanas Delaney, Chairperson � � Truth-in-Housing Board C/O �nvironmental Program Manager . . Room 211, St. Paul Division of Public Health 555 Cedar Street ` . : � . Saint Paul, Minnesota 55101 ' Any ap�eal and r�uest for a final hearing must state with specificity all.objections and challenges to the Board's preliminary findings. � . 3. T7�at if this preliminary finding of the Board is upheld after a full hearing Mr• iti'anaick's certificate of ca�etencY will be ca�ncelled. . - : 4. That if Mr. Wanaick fails to file an ap�eal of these preliminary findings within the required time Period referenced in paragraph . . tw�o, these preliminary findings shall becane the Final Decision of this Board and Mr. Warwick's certificate of c�tencY,shall � be car�celled.at the end of the fifteen day period for filing the apf�eal. � � • . . 5. The Board reserves the right to reject or accept any future appli- cation for a certificate of c«r�etency from Richard �►'arwick. If � deemed appropriate the Board may establish additional require- ments prior to the acceptance of any application. ,. . T - ' - . � . ' ' � . ,� Richard Warwick -3- `; . • April 20,� 1988 _ ' , ' Please be advised that a copy of all referenced exhibits is on file and � available for your reviek� in Room 211 of the Division of Public Health, 555 Cedar Street, Saint Paul, Miru�esota. , You may accept the preliminary findings of the Board by surrendering your certificate to Steve Roy in Room 211, Division of Public health, 555 Cedar � Street, within f ifteen (15) days frosn the date of receipt of this notice. Your cancellation will becorne effective the day your license is surren- � dered. _ . . � At all times during the period in which your license is cancelled you are prohibited from performi.ng evaluations or pronnting or advertising your services an an evaluator. Very truly yours, �► . .. , . . � , . � Thomas Delaney, C rperson � _ Truth=in-Sal�e-�of H sing Board . • TD:jm . . . , � . C: Board Meinbers.: � _ _ John McCormick, Assistant City Attorney .. � � � � Greg Helland � _ ._ PERMIT FOR ELECTRIC WORt� ^ � CITY OF SAINT PAUL (�- r rv .. �' DEPARTME�IT I 6 Ct� �`��4 DIVISION OF HOUSING An��„DING I CODE ElVFORCcMENT � 445 CITY HA�L � ' ST. PAUL. MN 551Q2 � � ; � j � f � r � � � � j � Permit No.Area Only ADORESS OF J08' / -- St. Code OWNER ��`'--(� Si��. �c'� OWNERS AODRESS S/�-y,., T 0•0 L D ❑ NEW TYPE CONST.�'�� f�/.�►jc(' OCCUPANCY_•/��-� DATE�T►�ht> �� SS EST. COST ��C�- �� ; FEE SCHEDULE ON REVERSE ( (Z�JO V i NO. FEE SERVICE or less) Above TRAFFIC SIGNAL' NO. NO. FEE STANOARD STREET LIGHTING _0-100 STANDARO ' WW ENERGY ppENINGS NO. FEE ��-2�� FIRE ALARM �' OTHER (Specity) TRANS.&GEN. NO. FEE S12E IN KVA CIRCUITS& (250 V ' SUBFEEDS ar less) Above � NO. NO. FEE � ,� 0�30 � . ELEC.SIGN TRANS. NO. FEE 1 S12E IN VA 31-100 � TOTALFEE ' ��-2�� (Min. 20.001 � � �� STATE SURCHARGE 50d ' i� COMMENTS: TOTAL PERMIT FEE / Q �s� ,- X1, , �� APPLICANT CERTIFIES THAT ALL INFOR- MATION IS CORRECT AND THAT A�L PER- TINENT STATE REGULATIONS AND CITY ORDINANCES WILL BE COMPLIED WITH IN PEAFORMING THE WORK FOR WHICH THIS PE MLTISISSUED, / yj.�fj, t` +;�;c ��:,—: �/ ' /J �F�_z_l1i �IJ.t{!t � • J�JI��Fy��-i �v�� AUTHORIZEd SIG, TURE ' T�,T�L ?�?.5u TELEPHONE NO. � 7 1- � -.__- .__ ,_�`'�E'=`` �=:i+.�� 4 H,':.•�.,� ijiil"tii,:'ir!'t FIRM NAME and ADDRESS CASHIEq'S USE ONLY WHEN VALIDATED THIS IS YOUR PERMIT. � L �� J`_�-t'-- c.�'C Z I P � DEPART;�1ENT MECHANICAL PERMIT� , , �,�oClTY OF SAINT PAUL �� ` �� r • � I ° DIVISION OF HOUSING AND BUILDING � CODE E1IFORCEiViE\IT � 445 C.TY HAL:. • � � ST.PAUL,LiN 5�i02 � �� 9 t 3 _. , , � � , �� % (__ Pe�mit No.Area Only ADDRESS OF JO� i • y� ,��I St. Cod e l•��.5�� v - O W N E R �'��%s.� `��'t'G ! � OWNERS ADDRESS �-�-----y ❑ 0 LD ❑ NEW TYPE CONST. OCCUPANCY �'��-� � _ WO R K TO B EG I N EST. COST �� 4 WpRK TO BE COMPLETED � _ Description of work Hea ' Cooling, Mechanical Equipment Installed ❑ Attered ❑ Repaired ❑ Replaced The work will inctude the following: �Gas ❑ Inc. ❑ Solar ❑ Factory Built Chimney ❑ Oil ❑ Refrigeration ❑ Factory Built Fireplace ❑ Other ❑ Steam ❑ Powdered Number of Units / BTU Each Unit j � Type of Unit � I �� PERMIT FEE Total BTU � Q� G(�- Q� /�� STATE Total Heat Loss `�}/� SUFCHARGE s� � COMMENTS: I TOTAL�'EE �,�0 PLEASE NOTE: SEPARATE ERMIT APPLICATIONS ANC EACH APPLICATION MUST BE ACCOMPANI D SEPARATE HECKS ARE REQUIRED FOF BY A FACT SHEET BEFOfiE PERMIT CAN/$E EACH CAT GORY OF WORK. VALIDATED AND ISSUED. / t, �� ` I K. U'ZS'�� APPLICANT CERTIFIES THAT ALL INFOA- MATION IS CORRECT AND THAT ALL P�R- TINENT STATE REGULATIONS AND Ct�fl' - �3RflINANCES WILL BE COMPUED WITI-r IN �PERFORMINGTHE„vVORK FOR WHICH IS PERMIT IS ISSU6D! f1 � J� �j�i. t'� �� 0�3�� .-._.,,��„�.;,{.�;,,;,� , « ,<;'^Y' ,;��5i�N280s 25.00 AUTHORIZED SIGNATUI°tE j �� j�;}{�,j�j� �SO TELEPNONE NO. !` ��C�� 'S� t�� n APPROVED BY: ( 7 � �n FIRM NAME and ADDRESS ��c��HIER•s�s�Q�rvfi.`V' WHEN VALIDATED THIS IS YOUR PERMIT. �-+ � /�/�e. a{�A \�!; �--1 7� r;��^ `t�i\,l\.� �/�� y., ti�- � t� =-� �•:^•'.i�._- , . , . �;_�J :....:i:..'.� ':�: S� . ;=':'.L;! ';'�, �G�.-��i�t �� .`�=r ZIP __ �v�c�;�H�v,�� rrnivii i� � -- CITY OF SAINT PAUL . ' � -- I �% ' ! DIVISION OF HOUSING AND BUILDING � CODE ENFORCEMENT I ` 445 CITY HALL ,, i � Q Q � � � _ , ST.PAUL,MN 55102 « p � � � � O(C/ L 7 � ; �• ' � Permit No.Area Oniy • ADDRESS OF JOB ; $t. Code 7 � .S y� OW ER�.,� � 'Y`� OW N E R S A D D R ESS -��'J-------- ❑OLD ❑ NEW TYPE CONST. OCCUPANC��' c. � , WORK TO BEGIN EST. COST�� WORK TO BE COMPLETED I~ ' Description of work He n ooling, Mechanical Equipment �Installed ❑ Altered ❑ Repaired ❑ Re laced P ; The work will include the following: ❑ Gas ❑ Inc. ❑ Solar Factory Built � Chimney ! ❑ Oil ❑ Refrigeration ❑ Factory Built J/,�, / �� ; Fireplace Othe��[ !�CL�.�C/l� � Steam ❑ Powdered . : Number of Units / BTU Each Unit� �p � , Type of Unit � �' ! + PERMIT FEE Total BTU ' � STATE ' Total Heat Loss SURCHAFiGE /� q� COMMENTS: ! GY. i � TOTALFEE �� ` 'PLEASE NOTE: SE ,ARATE PERMIT APPLICATIONS ' ' EACH APPLICATION MUST BE ACCOMPANIED SEPARATE CHECKS ARE REnUIRE OR � BY A FACT SHEET BEFORE PERM�T CAN BE EACH CATEGORY OF WORK. � ' VALIDATED AND tSSUED. , G � APPLICANT CERTIFIES THAT ALL INFOR- i MATION IS CORRECT AND THAT ALL PER- i TINENT STATE REGULATIONS AND CITY ! OROINANCES WILL BE COMP�IED WITH IN - ' � PERFORMING T�WORK FOR WHICH THIS �j PERMIT IS ISSU�O. /,1 �--- 1�—' // ' /4' 1 �_'�,,,J/I,�,GI'�',,;,,r�„/,:�� ,`� „�� ,'. �i. 29 '8�F 06:26 • � AUTHORIZED SIGNAT RE � l �� !'r'��1� G,��Q(J ' TELEPHONE NO. ��y�� L2S '• APPROVED BY: T��L t�5 � CNE�K 26.?5 � FIRM NAME and ADORESS a.jAd��ER•s t�g��}� Y WHEN VALIDATED THIS IS YOUR PERMIT. i THL S�l�LL1R!^ �^�.��r.��( , `;� ,. ._. ' 1 a � �;.•i�'��.;: ; ._,.. . � ` ST. 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E t �� b'�� . .. - l .r �l �t C'�, �c .�� -r � ,;`t-� 'Sy - d`'- � � ! ` '� � � - , _ ,� r � '� `� � T � �'��-� , � , , � � l : � , �u{'� � � . �_� �� .� � , ti � � -l� fJ, � . � y � /� 4 � :J �'� � k £ 4 f, � } Y � � � r . ' ✓ � �; M1 f S.l H� � .!' . � •� T /1 'Y � 4: ♦ ` t, ' � ,t� �� q �v' T '\} � { .��t �F 1 t �.- Y t,� T R-. +r � ` \ � � � � .,� - �'� f � �, �}q y � . J . 1 � ,w a � �.�iP�l �� ? � � �' � F� '� . \ t - ? r {f �J �� /�. i\ k Y _-Y 1 �� r A. �r �.n �A �L 'Wi V � �4 k �� r 1'. ,-t �� : 1 t�r y �. ;��f�� ' 1 � ��. " 4s _ 1 1` `. �1 � '� �� r . � � l ^'7, _ � 4 3-y � #6 �h y� `..' � : � t T t � �. d / �� y � ' � rry� t 4 ' �'�. � : y�. ! 5'„1, ��. , . . , _ .- . .. .��;�z . .� , . ._ .. .. .� ..._ ��t. ,;�� '3.., .. �� t:.�. t ,�-.._ F„ rkV.,.r,swa« . � ��3 ��/�3�- June 30, 19$8 . Albert B. Olson City Clerk Municipali_ty of Saint Paul RECE�VED Room 386 DICK WARWICK city xall ��L o 519aa Saint Paul, 1V�. 55102 INSPECTOR OF AOMLv3 292-8918 �ar Sir: 306 3.Exc6anse 3t. CI�Y vLGR 3�Pad�MN 5510Z I have received the final determination of the Truth-in-Housing Board in the mail. They have voted to cancel rqy license to perform evalu- ations for the Truth-in-Housing program. I would like to appeal their decision to the City Council. The Board accuses me of violating Sections four, five and eight of the Code of Ethics for Truth-in-Housing evaluators, and they accuse me of violating Article XV, Section 2 of the by-laws and Rules of Procedures of the Truth-in-Housing Examining Board. The only viola- tion I can be accused of is not responding to a request of the Supervisor, Steve Roy, in written form. I did respond to the super- visor orally, pursuant to Section 8 of the Code of Ettiics. The Board has never requested any informa��ion from me, except to can- cell �y license. This vaas my first and only compliant concerning my evaluations under the Truth-in=Housing program. I looked to the supervisor, Steve Roy, for d3.rection and proper care af the compliant. NIr. Roy a public official, a licensed Truth-in-Housing evaluator, and a part owner ;n a inspection busine�s. I did not get it. I expect- ed some discussion with ��e Board about proper handling of compliants. I did not get that either. So I am responsible, solely, to under- stand and execute Sections four end five of the Code of Ethics. And if I do it wrong, I get �y license cancelled. I don't think that is fair. I have to request transcripts of the final disciplinary hearing from the Truth-in-Housing Board and provide those copies to you. V'lYien I receive those transcripts, I will forward them to you. If there is any other information you need or if there is any information I need to provide to your office, please let me know by phone or letter. Thank you for your time. S' cer�.lY, n, � ��, � �:: `�,t�� . ick warwick �' 306 South Exchange Street Saint Paul, Minnesota 55102 ee: Jim Scheibel, City Councilman Steve Roy, Supervisor of the Truth-in-Hous�ng program Thomas Delaney, Chairperson, Truth-in-Housing Board June 30,19g$ Steve Roy • Supervisor of the Truth-in-Housing Program Room 211 555 Cedar Street St, Paul, Mn. 55102 DICK WARWICK /NSPECTOR OF AOME3 �ar Sir: 292-8918 306 s.E:�.nse se. I have decided to appeal the decision of the Board. I request S�Psd,MN SS10Z the transcript of the final disciplinary hearing held on June 9, 1988. Please respond to me in writiiig as to the cost of the transcript and how I can rece�ve it to prepare for �}r appeal to the City Council. Thank you for your attention to this. matter. ' ce ly,� 'ck a c 306 South Exchange Street Saint Paul, Mn. 55102 • cc: City Clerk Thoma,s Delaney, Chairperson Jim Scheibel, City Councilman ��__�. CITY OF SAINT PAUL 3�~♦ �1 DEPARTMENT OF COMMUNITY SERVICES �� „�� o� �� H � 3.• 9 DIVISION OF PUBLIE HEALTH :, �� S55 Cedar Street,Saint Paul,Minnesota 55101 George Latimer (612)292-7741 Mayor RECEIVED July 15, 1988 ��` 18 �gaa �ti�hard wa�wi�k CITY CLERK 306 S. Exchange St. Saint Paul, NID] 55102 Re: Appeal of the Final Decision of the Examining Board for Truth-in-Sale of Housing Dear Mr. Warwick: I am in receipt of your request for an appeal to the Final Decision of the Examining Board. Pursuant to Article XV, Section 6(G) of the Bylaws and Rules of Procedure of the Examining Board, you are required to provide copies of the transcript of the Final Disciplinary Hearing to the City Council and Board. You will need to provide at least eight copies of the transcripts, one for each City Council member and one for the Board. You should sulxnit the seven copies for the City Council to the City Clerk; Room 386 City Hall, Saint Paul, Minnesota 55102 and the copy for the Board to Thomas Delaney, Room 211, 555 Cedar Street, Saint Paul, Minnesota 55102. Please submit all copies within ten days. You may obtain copies of the transcript from: Logan and Styrbicki 2012 American National Bank Bldg. • 101 E. 5th Street Saint Paul, [�T 55101 Attn: Holly Nordahl Phone: 291-1095 I am enclosing a copy of gages 15, 16 and 17 of the Bylaws and Rules of Procedure regarding the Appeal of the Final Decision of the Board. If you have any questions, please feel free to call me at 292-7718. Sincerely, ��.�,�".— � Steven R. Roy Envirorunental Health Program Manager SRR/kjl Enclosure cc: That►as Delaney, Chairperson, Truth-in-Housing John McCormick, Asst. City Attorney A1 Olson, City Clerk Page 15 e) the Evaluator's right to appeal the final findings and recommendations of the Board. If a timely appeal is filed, the Board's recommendations against the Evaluator's license shall be stayed until the decision of the City Council . f) the manner in which an appeal may be taken as set forth in Section 5 of this Article. 4. The Board upon cancelling, suspending, revoking or not renewing a license, shall require that the Evaluator surrender the license to the Supervisor. Such cancellation, revocation or suspension takes effect immediately upon the surrender of the license or the expiration of the ten (10) day appeal period, whichever comes first. If the license is not surrendered and no timely appeal is filed, said license shall be automatically suspended upon the expiration of the appeal period. However, the commencement of the time of the cancellation, revocation or suspension of the license as set forth in the final findings of the Board shall not begin until the license is actually surrendered. At all times during the period in which an Evaluator's license is � either cancelled, revoked, susoended or not renewed the Evaluator is prohibited from performing evaluations or promoting or advertising his/her services as an Evaluator. The license of any Evaluator who performs evaluations or promotes his/her services as an Evaluator during the cancellation, revoca- tion, suspension or non renewal period shall be cancelled. Section 6. APPEAL OF THE FINAL DECISION OF THE BOARD A. Any Final Decision of the Board which requires a cancellation, revocation, suspension or a non-renewal of the Evaluator's license may be appealed by Page 16 the subject Evaluator within ten (10) days of his/her receipt of the Final Decision of the Board. Such appeal shall be heard by the City Council of Saint Pau1 . B. The appeal to the Final Decision must be in writing and filed with the City Clerk at the following address: City Clerk Room 386 - City Hali St. Paul , Minnesota 55102 C. Any such appeal must state with specificity all objections and challenges to the Board's Fina1 Decision. Any objection or challenge not filed within the ten (10) day appeal period shall be deemed waived by the Evaluator. The Evaluator shall be bound by the Final Oecision in the event he/she fails to appeal the Board's Final Decision within the time period and manner specifically provided herein. D. Upon receiving a timely written appeal from the subject Evaluator, the City Clerk shall schedule a hearing before the City Council as soon as oractical . E. Such appeal shall be determined by the City Council based upon the . record, including transcripts and exhibits of the Final Disciplinary Hearing of the Board, plus any additional written submissions to the City Council by the subject Evaluator and/or the Supervisor. F. The Board's files shall be certified in their entirety by the Chairperson of the Board and delivered to the City Council for their use in the appeal . G. The party appealing the Final Decision of the Board shall be responsible for ordering the preparation of transcripts of the Final Disciplinary Hearing. Payment of the costs of preparation of the transcript shall be the responsibility of the appealing party. Copies of the transcript shall be provided to the City Council and to the Board. Page 11 H. The City Council may affirm, reverse or modify the Final Decision of the Board. Section 7. DECISION OF THE CITY COUNCIL A. All parties shall be bound by the decision of the City Council . B. Within fifteen (15) days of the City Council decision notice of the City Council 's Oecision shall , in writing be personally served upon the subject Evaluator, or sent by certified mail to the subject Evaluator's last known address. C. If the City Council 's Decision requires a cancellation, revocation, suspension, or non-renewal of license, the subject Evaluator shall surrender his/her license to the Supervisor within ten (10) days of receipt of the City Council 's Decision. D. Such cancellation, revocation or suspension takes effect immediately upon the surrender of the license or the expiration of the ten (10) day period following notification of the City Council 's Decision. If the license is not surrendered, said license sha11 be automatically suspended upon the expiration of the ten (10) day notification period. However, the commencement of the time of the cancellation, revocation or suspen- sion of the license as set forth in the City Council 's Decision shall not begin until the license is actually surrendered. At all times during the period in which an Evaluator's license is either cancelled, revoked, suspended or not renewed the Evaluator is prohib- ited from performing evaluations or promoting or advertising his/her services as an Evaluator. The license of any Evaluator who performs evaluations or promotes his/ her services as an Evaluator during the cancellation, revocation, sus- pension or non-renewal period shall be cancelled. Logan and Styrbicki 2012 American National Bank Bldg. 101 East 5th Street Saint Paul, Mn. 55101 Attn: Holly Nordahl � DICK WARWICK vear Ms. Nordahl: INSPECTOR OF AOMES 292-8918 Ehclosed is a cashier's check in the amount of $275.00 for a 306 s.E:d.ense s�• transcript of the hearing held by the City of Saint Paul's Sa Pan1,11II�i 55102 Truth-in-Housing Board on June 9th. Please send the transcrint to me at your earliest convenience. Thanks. S'nce ely � I7i ck War�roi ck Evaluator for the Truth-in-Sales of Housing Program 306 South Exchange Street Saint Paul, Minnesota 55102 cc: Thomas Delaney,Chairperson, Truth-in-Housing Board A1 Olson City Clerk RECEIVED JUL 2 8 1988 CITY CLERK _ ,��__�, CITY OF SAINT PAUL `� � DEPARTMENT OF COMMUNITY SERVICES � � o ,� �: ��'f��'� �� ,,� �� DIVISION OF PUBUC HEALTH "�� 555 Cedar Street,Saint Paul,Minnesota 55101 George Latimer (612)292-7741 Mayor July 15, 1988 Richard Wanaick 306 S. Exchange St. Saint Paul, 1�Il�] 55102 Re: AppPral of the Final Decision of the Examining Board for Truth-in-Sale of Housing Dear Mr. Warwick: I am in receipt of your request for an appe.al to the Final Decision of the Examining Board. Pursuant to Article XV, Section 6(G) of the Bylaws and Rules of Procedure of the Examining Board, you are reqi�;red to provide copies of the transcript of the Final Disciplinary Hearing to the City Council and Board. You will need to provide at least eight copies of the transcripts, one for each City Council mesnber and one for the Board. You should subcnit the seven copies for the City Council to the City Clerk; Room 386 City Hall, Saint Paul, Minnesota 55102 and the copy for the Board to Tt�nas Delaney, Roan 211, 555 Cedar Street, Saint Paul, Minnesota 55102. Please sulxnit all copies within ten days. You may obtain copies of the transcript from: Logan and Styrbicki 2012 American National Bank Bldg. 101 E. 5th Street Saint Paul, NIN 55101 Attn: Holly Nordahl Phcne: 291-1C95 I am enclosing a copy of pages 15, 16 and 17 of the Bylaws and Rules of Procedure regarding the Ap�eal of the Final Decision of the Board. If you have any questions, please feel free to call me at 292-7718. Sincerely, ��•t,�,�"�- � Steven R. Roy �vironmental Health Program Manager SRR/kjl EYiclosure cc: Tho�nas Delaney, Chairperson, Truth-in-Housing John McCornuck, Asst. City Attorney A1 Olson, City Clerk � ��s��?�-- Janice Rettman Councilperson of District 5 Chairperson Community and Human Services Committe City of Saint Pau1 Room 718 DICK WARWICK city xall Saint Paul, Mn. 55101 INSPECTOR OF AOMES 292-8918 Dear Councilperson Rettman; 306 3.Facchan�a 3t. St.Paul,MN 55102 I received the agenda for the Community and Human Services Committee meeting for Wednesday, August 17th. Unfortunately, I have not been able to secure the transcript of the formal hearing before the Truth- in-Sales-of-Housing Board from Logan and Styrbicki. I talked with Holly Nordahl of Logan and Styrbiekiabout wher_ the transcript would be reac�y. She said it would be typed by August 19th. I would like to request postponing the hearing on this matter until after the reciept of the transcripts from Logan and Styrbicki. This will al- low a full hearing on this matter. � Thank you for your attention to this matter. ince el , ; I}ick Waravi.ck Evaluator for the Truth-in-Housing progra.m. cc: Bill Wilson, Councilperson, I7istrict 1 Bob Long, Councilperson, District 3 A1 Olson, City Clerk Steve Roy, Supervisor of the Truth-in-S�les-of-Housing � R�cFiv�a � :,: AUG Z 219�$ � �� ►CtTY CLE �. R�' .. �'X-�>�`- ;4��*T �.; CITY OF SAINT PAUL a iG OFFICE OF THE CITY ATTORNEY ?� 1111�1,1111 �� -,. EDWARD P. STARR, CITY ATTORNEY %,, �... ;`� �,,,�� 647 City Hall. Saint Paul,Minnesota 5510= 612-298-512' GEORGE LATIMER MAYOR RECENVED 0 CT 13 1988 M E M 0 R A N D U M �ITY CLERK TO: Mr. Jim Scheibel City Council President FROM: John B. McCormick Assistant City Attorney RE: Richard Warwick Appeal Truth in Housing Evaluation License DATE : October 13 , 1988 This matter was continued at the request of Mr. Warwick' s attorney, Mr. Richard Nadler to October 25 , 1988 before the Saint Paul City Council . Since I am scheduled in District Court on that same date, I would not be able to attend that meeting to respond to questions , if any, raised by the Council . I have discussed this with Ms . Mae Sylvester, A1 Olson, and Mr. Nadler' s secretary. With the concurrance of Mr. Nadler I have re-scheduled this appeal to the City Council meeting of November l , 1988 . Thank you for your consideration in this matter. cc : Al Olson � Richard Nadler Steve Roy �#��'�qi'Y�i��g.."'� '$'��L4��J�4 �,r'��Jv�� Ay,�:��1 a�6!'J R �y� �g � �.o� � �i! �fx�7i .J✓� #E � + :r( � +�� 'kr�� CS �Sy ° 4 ai �' L,:! � >:.r��F' � �`+� F� A,�Z S � 3 f 4 .Y ,��i'YS _. i F � i� j i: A� } r I �+� ,rr � r , a .: �� tSt 3 � :A'tw� F c � "`� ��'�f1 i d„�f� "'��3' r -7� �,�� ti�,� i ..� '�-' �i�" ; ,y � z rr .i a h �.� �� d T? 5} {`� �, ��. j ��t t .� � � _t s r, ( . 4 ,� �� 'k�k '+�i-'I » 4 ° r "� n 1 p t � h �Y ,.� `� ,..�Y ' t f t jt�x� B � '�1 '��,t�_5�.,��`6.?�1��;� ! f�tx r � -�;4 � �� r+� � ] y-"� � r�:1}a} �f., �, :'� d d ',� E �� - v a d r bK^ 1 ��is� t t t k, 7' ^, �� , e r'� A-'�r p _ � v ° 4 S � .: *c"°u�'. � �' k S.� � '� .: '�4 "` s.�+. 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' � $t�1'm ��c��Cb �,��y`��t��`� {7��C@ � f s � 1 x � � ' x; ,� ++. � � ' �; ,� � � t , _ �. �, - ` ..I X�i 1 . ��s � � + - '� t ,+.��. � <`�; .� • � f" �s� ? ; � i{ � � �� ; i" i � r 2 �✓ � � . - �7 5 � � �� ,f / '. ` ! \ / y ' � ( ��{,+, � _ r / .. \ Y f. :� '� 'kq�i'��. 1 ` : r ' :� f F�4 . � ti � / � £ y�. ` te'✓* '�*��3's ,� �� ._ . ✓ ' � %: � � i � r' ,� �'��''x.� �� ' �� 1 �'� � ' ',:�., �1 ,�'��y: 4 . �I f � 1 : 1 ifi�f; ny ; t F Y f _ ` f(�VF'( ��. - t '1 :t ! �,r , 3i �r � j � �� . .� . . 1 I'/ I ��.,y..3�, . r ,;4 >'�`' `, \ � k AFF M1Rr��. - `i - � t L �� y; ( . �" -�'y \ _ `}�h X , �` � � �.�. , `;.;; �4 m3.�� . \ � �� '�y�� 't J� j . '. 1' ( � { � .,a,��ip n . - .i � . . � � :; M� �f�,`. }'� �;_` :+� I �-: ; �' S '7 l�] . � • + ; � �S .� 1 �i �: � � i: + ' i.jz�-�, � ' i` �' r. _ �� 'i ',! "'� e.!:. �� I � . / - �'�� ; � t Z 3� �t � ! �t � o- �<.; � . ..._. . , . � ., •;.C,t i� ,,,-� ... ... . .. ...... .. . . . � i .... , . .. . ., „ .. ., ,., . ..c.,. ,v\ --'.� .. .. . ., . ,,. ,.".'5::�. • • �?f�°�'�`��,,�--� ,:.:�;::e;::,,,. CITY OF SAINT PAUI "' '�''' DEPARTMENT OF COMMUNITY SERVICES .., ... ::. ��_ ;,,�—�� : • '��11° �� DIVISION OF PUBLIC HEA�TH - � 555 Cedar Street, Saint Paul,Minnesota 55101 _ . (612) 292J:il George L�timer Mayor July 15, 1988 Richard Warwick 306 S. Exchange St. Saint Paul, �II�] 55102 Re: ��1 of the Final Decision of the Esamining Board for Truth-in-Sale of Housing Dear Mr. Warwick: I am in receipt of yo�ir request for an appeal to the Final Decision of the Examining Board. Pursuant to Article :CV, Section 6(G) of the Bylaws and Rules of Procec3ure of the Examining Board, you are required to provide _. copies of the transcript of the Final Disciplinary Hearing to the City Council and Board. Ycu will need to provide at least eight copies of the transcripts, one for ?ach City Council r�ber and one for the Board. You should submit the se�en copies-�for the City Council to the City Clerk; . Room 386 City Hall, Saint Paul, Minnesota 55102 and the copy for the Eoard tg Tho�n3s Delaney, Rcnm 211, 555'Cedar Street, Saint Paul, hlinnesota 55102. Please subnit all copies within ten days. .,,. You may obtain copies of the transcript fran: Loqan and Styrbicki 2012 Ar.�erican National Bank Bldg. 101 E. Sth Street Saint Paul, IrII�1 55101 Attn: Holly Nordahl Phone: 291-1095 I am enclosing a cop�- of pages 15, 16 and 17 of the Bylaws and Rules of Procedure regarding the Appeal of the Einal Decision of the Board. If you have any questions, please feel free to call me at 292-7718. ; Sincerely, . �/`w`� � Steven R. Roy �vironmental Health Program Manager SRR/kjl �closure cc: Tha?�as Delaney, Chairperson, Truth-in-Housing John McCormick, �sst. City Rttorney A1 Olson, City Clerk Page 15 e) the Evaluator' s right to appeal the final findings and recor�mendations of the Board. If a ti��ly appeal is filed, the Board' s recommendations against the Evaluator's license shall be stayed until the decision of the Cit� Council . �) tne manner in �;�hich an appeal may be ta<en as set fortn i.n Section 5 of this �rticle. 4. The Board upon canceiling, suspending, revoking or not renewing a license, shall require that the Evaluator surrender tne licens2 :o the Supervisor. Sucn cancellation, r2��ocation or suspension takes effect immediately upon the surrender of the license or the eYpi►•ation of the ten (10) day appeal pericd, :,hichever comes �irst. If the license is r,ot surr•en�ered �r,d r,o tiTely appeal is riled, said license shall be automaticall� susperded uoon the expiration of the appeal period . Ho:•rever-, tne co�;�r�ncement or� tne . ti►re of the cancellation, revocation or suspension or tne license 3s set for-th in the final findings of the °oard shall not begin R�ntil �he license is actually surrendered. �t all times during the period in which an Evaluator's license is � ?ither cancelled, revoked, sus�ended or rot rene::ed the - Evaluator is prohibited from p2rforming evaluations or pro��oting or advertising his/her services as an Evaluator. " The license of any Evaluator who Rerforms evaluations or promotes � nis/her services as an Evaluator during the cancellation, revoca- tion, suspension or non renewal period shall be cancelled. Section 6. ;PPEAL OF THE FI�dAL DECISIO�� OF THE BOARO A. Any Final Decision of the Board ��hich requires a cancellation, revocation, suspension or a non-rene�;ral of the Evaluator's license ma� be appealed by ' � , Page 16 the subject Evaluator �,�ithin ten (10) days of his/her receipt of th2 Final Decision of the Board. Sucn appeal shall be heard by the City Council of Saint Paul . ' B. The appeal to the Final Decision must be in arriting and filed �,rith the Ci.y Clerk at the follo�.�ing address: City Clerk Room 386 - City Hall St. Paul , i�tinnesota 55102 C. An� such appeal must state SJTtF1 specificity all objections and challenges to the Board 's Final Oecision. Any objection or challenge not filed ,�ri`�in the ten (10) day appeal period shall be deemed �:�aived by the Evaluator. Tne Evaluator shall be bourd b� the Final Oecision in the event he/she fails to appeal the Board' s Fina] Decision �.�ithin the tiTe period and manner specifically provided herein. ' 0. Upon receiving a tirel� �,:r-itten aFpeal fro^� th2 subject Evaluator, the City Clerk shall schedule a hearing be`ore the City Council as soon a5 oractical . ,��. E. Sucn appeal shall be determined by tne City Council based upon the rec�rd, including transcripts and exhibits of the Final Oisciplinary Hearing of tne Board, plus an� additional �;�ritten submissions to the • City Council by the subject Evaluator and/or the Supervisor, F. The Board's files shall be certified in their entirety by the Chairperson of the Board and delivered to the City Council for their use in the app�al . G. The party appealing the Final Decision of the Board shall be responsible for ordering the preparation of transcripts of the Final Disciplinar� Hearing. Payrrent of the costs of preparation of the transcript shall be the responsibility of the appealing party. Copies of the transcript shall be provided to the City Counci] and to the Board. , �, . � , Page ll H. The City Council may affirm, reverse or r�.odify tne Final Decision of the 6oard. Sectian 7. DECISION OF THE CITY COUNCIL A. All parties shall be bound by the decision of the City Council . � � B. .Jithin fifteen (15) da�s of the City Council decisicn notice of the City Council ' s Oecision shall , in �,riting be personally served upon the subject Evaluator, or sent by certified mail to the subject Evaluator's 1 as t kno�;rn address . C. If the City Council 's Decision requires a cancellation, revocation, � suspension, or non-rene�r�al of license, the subject Evaluator shall surrender his/her license to the Suoervisor �,�ithin ten (1Q) days of receipt of the City Council 's Oecision. D. Such cancellation, revocation or susp�nsion t3kes e�fect i,�:mediately , upon. the surrender of the lic2nse or tFe e:<piration of the ten (10) day period fo1lo�.rir,g rotification of the City Council 's �2cision. If the lic2nse is not surrendered, said lic2ns2 sha11 be automatically suspended upon the expiration of the ten (10) da� notification period. Ho:•�ever, the commencement of the time of the canceilation, revocation or suspen- sion of the licens2 as set forth in the City Council 's Decision shall • not begin until the license is actually surrendered. At all times during the period in which an Evaluator's license is either cancelled , revoked, suspended ar not� rene�,�ed the Evaluator is prohib- r � ited from performing evaluation5 or prorroting or advertising his/her services as an Evaluator. The license of any Evaluator who performs �evaluations or promotes his/ her services as an Evaluator during the cancellation, revocation, sus- pension or non-renewal period shall be cancelTed. .. t • ��"/%3a- ��*��. - CITY OF SAINT PAUL �+��"��''; DEPARTMENT OF COMMUNITY SERVICES �.'�•+� �� '° DIVISION OF PUBLIC HEALTH '�� 555 Cedar Street,Saint Paul,Minnesota 55101 George latimer (612)292•7741 Mayor June 17, 1988 Richard Wanaick 306 South Exchange Street Saint Paul, Minnesota 55102 RE: Notice of the action taken by the Truth-in-Housing Board at the Final Disciplirkv.y Hearing held on June 9, 1988. Dear Mr. Warwick: - The Examining Board for the Truth-in-Housing �raluators for the City of Saint Paul"met on June 9, 1988 to consider your ap�e.al to the Preliminary , Disciplinary Decision of the Board. At this hearing Mr. Steven Roy, Supervisor of the Truth-in-Housing Program for the City of Saint Paul, rest�txnitted his f i*,�i*►as and recoMCiendations concerning your f itness to continue as an �aluator. Mr. Roy's reca;mendation continued to be that your Truth-in-Housing Ce.rtificate be cancelled. You were in attendance at this meeting and were afforded the opQortunity to present witnesses on ' your behalf and to cross examine the witness for the City. You received specific notice of the Board's Prel�m»� Findings and referenced exhibits in a letter sent to you by myself, dated April 20, , 1988, a copy of which is iricorporated by this reference as Exhibit B. The facts and exhibits referenced in that letter were su�xni.tted to the Board , during the Final Disciplinary Hearing on June 9, 1988. After considering the testimony of the parties, the Exhibits and Prel�m��ry Findings, the Examining Board for the Truth-in-Housing Ewaluators for the City of Saint Paul, hereby r.ialces the following Final Findings of Fact and Rec,�or:mendation concerning Richard Wan,-ick's fitness as an �aluator and his Certificate of C.omQetency: 1. That the facts as alleged in Mr. Roy's proposed finc3i.ngs and recanoendations tExhibit A) are accurate and have been substantiated by the evidence. The Board hereby detezmines that Richard Warwick is unfit to continue as an Ewaluator for the Saint Paul Truth-in Housing Program, in that he has violated Sections four, five and eight of the Code of Ethics for Truth-i.n-Iiousing E�aluators, and violated Article XV, Section 2 of the Bylaws and Rules of Procedures of the Truth-in-Housing EXaminina Board, and did an inadequate job of inspection at 2077 Wellesley Avenue. His appPal of the Board's Prelisnusary Findings is denied. � . Richard �►'anaick � -2- June 17, 1988 2. That Mr. Warwick may apneal the Final Decision of the Board within ten (10) days from the date of receipt of this notice. Said hearing shall be held purs-��ant ,to Se�tion Six of Article XV - of the Bylaws and Rules of Procedure for the Truth-in-Aousing Program. T'he request for an appP-al must be in writing and filed with the City Clerk at the follawing address: Saint Paul City Clerk Roan 386 - City Hall Saint Paul, Minnesota 55102 Any appeal and req�st for an a�ppeal must state with specificity all objections and challenges to the Board's final decision. In the event of an appe.al, i�l�tation of the Board's reco�mendation to cancel this license will be stayed until the decision of the City Council. 3. Any such appeal shall be based on the record, including transcripts and exhibits of the Final Disciplinaiy Hearing of the Board. The �valuator pursuant to Sec�tion S� E of the Bylaws and Rules of Procedure of the Tnzt.h-in-Housing Exarn?*►i na Board shal l be responsible for ordering and paying for trarLSCripts of the Final Disciplinary Hearing and providing copies to the Council prior to their review. 4. That any objection or challenge not filed within the ten (10? day appeal period shall be deemed waived by the �raluator. The , Etraluator shall be bound by the Final Decision in the event he/she fails to appe.al the Board's Final Decision within the time period and manner s�ecifically provided in the Bylaws and Rules of Pr�ocedure of the Saint Paul Exam;ning Board for Tnzth-in-Sale of Housing �aluators. 5. The Board reserves the right to reject or accept any future � appl ication for a certif icate of caq�etency f rom Richard Wanaick. If deenied appropriate tt�e Board may establish additional r�iirements prior to the acceptance of any application. Please be advised that a oopy of all referer�ced exhi.bits is on file and available for your review in Roan 211 of the Division of Public Health, 555 Cedar Street, Saint Paul, Minnesota. You may accept the Final Findings and Recaunendations of the Board by surrendering your ce.�tificate to Steven Roy in Room 211, Division of Public Health, 555 Cedar Street, within ten (10) days fr«n the date of receipt of this notice. Your cancellation will becane effective the day your license is surrendered or ten t10) days after receipt of this notice - i.f no ap�al is filed. e � � ` Richard Warwick -3- , June 17, 1988 At all times during the period in which your license is cancelled you are prohibited from performing evaluations or .pro�ating or advertising your services as an evaluator. Very truly yours, �:.�-��.,-�.. � ��' - . _.-. Th�as nelaney, �rperson �� Truth-in-Sale of Housing Board TD:jm , C: Board M�nUers John Mc.�Cormick, Assistant City Attorney Greg Helland � , _ . ��-- ��;.3� , ��,.�,••�._� � CITY OF SAINT PAUL �: �; DEPARTMENT OF COMMUNITY SERVICES :�Ilt'lll'll Qg' � � ,.'. �� DIVISION OF PUBLIC HEAITH '�' S55 Cedar Street,Saint P�ul,Minnesota 55101 George Latimer (612)292•7741 Mayo� March 31, 1988 T0: Truth-in-Housing Board Members FROM: Steven R. Roy, Environmental Health Program Manager � RE: April 7, 1988 Board Meeting , ------------------------------------------------------------------ Enclosed with this memo is a proposed agenda. You will note that I plan to have a hearing regarding Dick Warwick's Truth-in-Housing Certificate. I am also enclosing the following materials with this memo: 1. Copy of a complaint letter dated August 12, 1987 from Kate Parry and Ray PhilTips sent to me regarding an evaluation Mr. Warwick conducted at 2077 We1lesley Avenue. ' 2. Copy of a September 30, 1987 letter from Kate Parry sent to me ��egarding continued concerns about Mr. Warwick. 3. Copy of my letter to Mr. Warwick dated March 25, 1988, in which I outlined the reasons for taking action against Mr. Warwick's certificate. If at all possible, please plan to attend this meeting so , we have a quorum to address my concerns about Mr. Warwick's certificate. , . Sept . 30, 1987 � - 1 Kate Parry 2077 Wellesiey Av . St. Paul, MN 55105 Mr . Steven R . Roy, Sanitarian IiI Supervisor, Truth-in-Sale of Housing Division of Housing and Building Code Enforcement City of St . Paul , City Hall St . Paul, MN 55102 DFar Mr . Roy, Here, as you reque.sted, is a detailFd description of the dealings with have had so far with Dick Warwick , the truth-in- housing inspector who inspectFd our home before we bought it . By way of background, we bought our home in thF spring of 1986 . At the time, we read with great interest the truth-in- housing form that was on the property . I sent you a copy before, but just to review: the section on the home's electrical system was clean . There were no notes warning us of potential problems . In fact, Mr . Warwick had marked that the house was up to code in all categories . The form was prepared on 8/7/85 . In the summer of 1987, we found that an electrical outlet in the stairweil did not work and we called in an electrician to repair it . You mentioned in our phone conversation this morning that Mr . Warwick has implied to you _that this electrician was a friend of ours and that I work with his wife. I 'm concerned about this characterization because it appears to be an attempt by Ctr . Warwick to in some way question our motives or character . To find this electrician, I looked in the classified ads of the Highland Villager . I picked a name and called . 3ohn Heinan of Residential Electric came out to fix the plug and that' s the first time I ever laid eyes on him. If his wife works at the Star and Tribune, we've never met -- there are hundreds of people who work for thc company . Rt any rate, Mr . Heinen warned us that he was startled by what he found in the basement and Iisted numerous code violations that he said should have been obvious .to whoever . . inspected the house in preparation for the sale . He told us that to bring the house up to codp would cost at least �1, 000. i � described his findings in the letter I sent to you on 8/12/87 . So, I called you, wrote you that letter and soon thereafter received a call from Mr . Warwick , who .asked to come out and inspect the house . On 9/10/87 Mr . Warwick spent about an hour inspecting the house and agreed that he had made many mistakes in his initial inspection . He agreed on the spot that he would pay for repairs needed to bring the house up to code. I told him that day that Mr . Heinen had checked city records on the house and discovered that a city elQCtrical inspector named Waldren Lowe had been in the house on May 2, 1986 to inspect a furnace that had baen installed . The electrical problems were obvious enough that Mr . Lowe had written tFSem up, incl�uding his concerns about the fusing and the fact that tha panel cover did not fit -- ,both situations readily .� � � � visible to anyone trained to look at alectrical systems . . Mr . Warwick called us back once after that to ask for more . information about the house . He assured me during the call that he was simply trying to get information straight and that he indeed would take responsibility for the electrical problems in the house that were not noted in his truth-in-housing inspection . TFian, on 9/30/87, Mr . Warwick called to say that there were difficulties . A whole variety of people -- including the . � previous owners, realtor and Mr . Lowe �-- had been aware of the pro6lems and most of the responsibility lay with them. He would pay to replace the main di5connect hs said, but nothing else . What' s more, he add�d, a city electrical inspector had told him that if the main disconnect was rEpaired, my husband and I would _have to pay to bring the rest of the electrical system up to code . " I told Mr . Warwick that I believed he was responsible for paying for all of the repairs needed to bring the house up to . code and he disagreed and warned me again that it could mean substantial costs to my husband and myself if we made even a small repair on the system because the city would then require us to bring the rest up to code . That sounded to me like an attempt to intimidate us into not pursuing this . I told him that and added that if he did not deal responsibly with us, we intended to pursue this to the point of having the city raview his license and perhaps pull it . He said we couldn ' t have his license pulled and neither could the city . From what you told me this marning, it appears that the city does indeed have the ability to pull Mr . Warwick ' s license . Mr . Warwick also warned me that if we pursuad this into court, it would cost us money . I told him I was well aware of � that . My mai� concern, as I told you this morning, is that my family continues to live in a house with what Mr . Heinen describes as a dangerous electrical system while this rsmains unresoived . It now appears that Mr . � Warwick ' s cooperative attitude Mas disappeared and he is trying to lay the blame at , other doors . My second concern, however, is that Mr . Warwick appears to be trying to intimidate us and prevent us from pursuing this . He seems to be putting trernendous energy into finding other people . to take the blame. I .am a persistent person and I won ' t give up, but I ' ll bet most people would at this point . My question for • you is : Is it in the best interest of the City of St. Paul or its residents to license a truth-in-housing inspector who seems this reluctant to take responsibility for the inspectiong he performs? ; � We did not anticipate such a problem because when we sold our home in Minneapolis� the truth-in-housing inspector was meticulous . Inspectors like that give the truth-in-housing program tremendous credibility. Inspectors like Mr . Warwick damage that credibil•ity. Even if there were other people who knew of problems and did not tell us, it does not free Mr . Warwick from his responsibility to do a competent inspaction . If there had been any hint on the truth=in-housing form that there were alectrical � problems in the house we would have investigated further bafore . . � 3 _ . , , buying the home. But there wasn' t. In .fact, Mr . Warwick reports in the form that the housQ is up to code. Now he is trying to limit his damages . It is our opinion that if other electrical work must be done in ord�r to repair the problems that arQ directly his responsibility, then he must also pay for thos� repairs . We hope that the city of St . Paul will stand my its truth- in-housing program and counsel Mr . Warwick to deal with us in a more responsible fashion . We also hope you will advise him that this situation needs to be dealt with in a timely way, because we are concerned about the safety of this system. I am willing to testify to the information contained in this letter if that would help you . Sincerely, 7 i � Kate Parry�� (h> b98-6038 (w) 372-1703 .� � . A � . c�' �` --/ 9s� _ . - � _,�._•... � CtTY OF SAINT PAUL ; '. . DEPARTMENT Of COMMUNITY SERVICES ;, ��'{�� : �IVISION OF PUBLIC HEA�TH ��'� 555 Cedar Street,Saint Paul,Minnesota 55101 George Latimer (6�21 292-7741 Mayor Mar�ch 25, 1988 Ric.hard Warsaick 306 Son�t�i bcchange Street St. Paul, Miru�esota 55102 � This letter is to inform you I intend to pre.sent formal findings and reccnr- mer�ations at the next regularly scheduled Truth-in-Hvu.sing Baard meeting relating to yuur certificate which entitles yau to participate in the eval- uation of dwellings in the City of Saint Paul for the Truth-in-Housing Pro- gram. This is scheciuled for Thursday, April 7, 1988 4:00 p.m., City Cotm- cil Chamber, third floor, City Hall. It will be my reca�nendation that your certificate be caricelled, based uq�on the following facts and exhibits that will be offered at that meeting. 1. Copy of the receipt given to you when yau became certif ied in Saint Paul on January 2, 1981. . 2. aopy of the "Code of Ethics for Truth-in-Sale of Hausing Et�al- uators" sigried by you on Septenber 11, 1981. S�ecific reference . will be made to paragraphs faur, five. and eight which have been violated by your failure to cooperate in the investigation of this ccnplain�. 3. �y of a�con�laint letter, dated Augu.�t 12, 1987, sent to me fran Kate Parry regarding 2077 Wellesley Avenue. � 4.� Cb��y of my letter to y�au, dated August 24, 1987, advisir►g you of the cu��laint fran Ms. Parry and requesting a written response within ten days. . . 5. Cb��y of a second letter sent to me fran Ms. Parry dated September 30, 1987. In this letter Ms. Parry detailed her oontacts with you regarding tier cai}�laint. � 6. Da�y of my letter to yau, dated Oc�tober 30, 1987, in which I ad- vised yau of the ne�d to respond to the c�mplaint and that your failure to re.,�pond may result in action being takP� against yo�r certificate. 7. A review of phone conversations I had wi�h you regarding the caRr- plaint at 2077 Wellesley Avenue, including: A � , � R.ichard Warwick -2- March 25, 1988 A) Sept,eober 17, 1987, bec-_ause I had not received a written re- sponse fraa you � the �laint letter I sent you on Augu.�t 24, 1987, (aver 20 days had p3ssed since my letter) I . called you. Yau said you w�uld send me a response the next • • day. B) Sept�nber 29, 1987, I still had no�t received a response. I called your phone bat you were not in. I left a message to call me. . C). Septenber 30, 1987, ber,ause you ciid not call me back, I again called yvu. Yau told me you had saoe personal pro- blems with yaur secretary and yau w�id get the letter aut that day or the next. D) October 7, 1987, I still had not received a response fran you. I spoke t.� You b'Y Pt'�ne. Yau said yau had spoken to an attorney who advised you to not admit guilt. Yau did say • you w�ould s�nd me a written response. E) Oct,ober 13, 1987 - still no response. I again called you. You said yau mailed a response and I w�uld receive it today � or t,«mrrow. F) Oct.ober 21, 1987 - still no resp�nse. I again called you. Yau told me you had not sent a response which by inplication means yau w�ere not truthful to me on October 13, 1987. You ;*+�;cated you had been advised by yaur attorney against re- sponding and that yau w�ould not respond. 8. A statenent that as of this date, our office has investigated over 135 oa�laints against evaluators. No other evaluator has failed to send a written response to the Board's initial regiest for inforn►3tion. It is vital to the Board's fiu�ction and the ad- ministration of this program to be able to review the merits of ca�laints filed against persons certified by the Board to per- fornn evaluations for this program. � 9. A sta�mary of.your file as a certified evaluator in Saint Paul . which will shaw past exan}�les of either non-c�Qli,ar�ce or reluatant cacnpliance with the Haard's rules and regulations. The � .s�ary will include the following: � A) Scored 77 on the Tnrth-In-�iausing exam you took on Jime 28, 1980. B) Oopy of a letter sent fran Ma=quette-Holm In.4urance �o�any _ to you dated June 4, 1985 advising you that your insurance w�ould be cancelled effective July 4, 1985 for non-payment of premiiat►. C) �y of my letter to ya2 dated Jtme 6, 1985 advising yvu - that yaur certificate wauld be cancelled if your insnirance was caricelled. . D) Co1�y of letter fr+an insurance c�mpany dated Jime 19, 1985 advising yau that your insurance was reinstated. ' � E) Capy of letter dated August 30, 1985 advising yau that your insurance wo�ld be cancelled effective Sep�tsnber 30, 1985 for non�ayme.nt of premiun. F) Copy of tay letter to you dated Septenber 7, 1985 advising yau that your certificate wowid be cancelled if yvur ins-ur- ar�ce was ca.rycelled. , A � i I • � �� Wa�� -3- March 25, 1988 � , � G) �y of my letter to you advising yau that your c�rtificate was carycelled for lack of insurance caverage. H) Qopy of letter fran insurar�ce ca�any to you advi$in9 Y� that your ins-urar�ce would be cancelled November 29, 1985 for non�aayment of premi�an. I) Dog.�y of my letter to yau dated December 4, 1985 advising you that yvur certificate was cancelled for lack of insurance cwerage. J) �y of ,letter fram insurance «�aany dated Febn3arY 7. 1986 advising that your insurance caverage wauld tez,f,;*+�te on March 11, 1986. K) Octaber 13, 1986 - received Certificate of Insurance cover- age for yvu fran the is�surarx'-e ca�panY• L) Oopy of April •16, 1987 letter from �n��r3llCg c�c�any advis- i,ng that your insurance had been •car�celled for r�n payment of presniian. " M) QaPy of my letter�to yau dated April 21, 1987 advising you ' that your certificate was cancelled for lack of insurance . coverage. N) April 27, 1987 - received Certificate of Insurar�e caverage fran insurance caapany- O) OoPy of letter from insurance ca�pany dated D�anber 8, 1987 advising you that y�our insurance had been cartcelled DecemUer 1, 1987 for n�n-payment of premiian. P) Copy of my letter to yvu dated Decan�er 10, 1987 aclvising yau that your certificate was cancelled for lack of insur- anoe. Q) Copy of notice fran insurance company dated Decesnber 15, 1987 advising you that yaur Bolicy has been reinstated Dec�ber 15, 1987. R) Cu�py of my letter to yvu ciated D�er 22, 1987 advising yau that your certificate was reinstated. 10. A statr3oent that since yau became certified in 1981, yvu have catpleted a total of 197 evaluations in Saint Paul. Approximately tw� inspections per month for the tiio�e you have been certified. In 1987, you filed 35 reports for an average of �tlzree reports pes nnnth. • 11. A review of the vi.olations I observed at 2077 Wellesley Avenue, that yw failed to include on your Augus't 1, 1985 rep�rt of the Pr'o'Pert]': - 1. Z'he electrical service panel for the ha�se lac}ss a main shut- off ar�d the caver is loose. 2. There is an old service panel on the wall by the basement - steps that still has twr� active fuses, exposed wires and two � wires attached to one screw. Dnder norcoal c' s this panel shaald have been discoru�ected whe.n the 100 a� par�l was installed. 3. There is no electric bonding jia�er for the electric service gramci aroimd the water meter. 4. There is an o�n junction box with exposed wires in one of the west side basanPnt storage roans. 5. There is a secstion of unprotected Ranex exiting from the basan��t extending u�p the outside of the west side wall, . �plying the dining roc�n air conditioner re�tacle. A � . . , '. ' � Richard Waiwick -4- March 25, 1988 ; • 6. The basenent toilet c�oes r�ot have a properly vented waste. 7. The water heater lacks an approved te�erature/pressure re- . lief valve. 8. There is a section of unappraved black vent pipe on the wa- ter heater vent conr�ectar. � . 9. The vent connect�.or for the water heater is quite long and en- ters the fus-nace vent in a Tee rather'than a Wye connection. 10. 'I'here is a section of waste pipe i�roperly tapped into the side of the main soil stack. It also has two traps connec�- ' ed to it - one P-trap and one dnan trap. 11. There is an ungrounded grounding type of electric o�tlet in the kitchen by the basenr..nt steps. 12. .The dining z�oan lacks one electric outlet. 13. The bathroan has an ungrounded electric outlet. 14. The sa�theast arid west bedroan closets both have closet lights with exposed light bulbs tNo protective globes) . � 15. West bedrocm has two ungronmded grounding type of electric autlets. Zb be a certified Truth-in-Hou.sing evaluator you are required to cut�ly with ali rules, regulations and the Qode of Ethics. You have failed to do $o. It is vital that evaluators be credible and above reproach. It is ap- parent from your past history and this most recent incident that yau have little regard for the principles of this program and the authority of the Board. T'herefore it is appropriate for you to not continue to particip►�te _ � in the Saint Paul Tr�th-in-Housing Housing Program. You are irivited to attend this Board meeting to hear the evidence I will be presenting and t.h�e action`the Board takes regai�irig your certificate, lut it is rnt mandatory that you atte�d. If you are present and wish to ac�dress the Board, the Board may at its aption allow you to testify or pre- sent evidence. Yvurs truly, .�.. i�� ,� St.even R..Roy ��r Truth-in-Sale of Hrnising S�t:jm . . � . . �,, d a l��,.J� � " Prep�ared 8/29/88 �.....,_. ; SLRM�4�RY OF DISQP'I�II�RY ACTION P'REPARF� �Qt TE1E ST. PAOL CITY QOUDiCIL. BY CI'I'Y STAFE.E�2 1�lEIR REVIIInI OF 1�1E AP'PFAL OF THE CAN(_F'.f TATTON OE TBE 7RITIH—IN—SAIE OF �OSIl�X� CII2TIFICA� OF RI(��i.2D WAt2fniICK PP;OC�iIRAL B�(IC(�0�: The disciplinary prooec�ures for the Truth-in-Sale of HoAasing Hoard requi.re a prel;m;nary infoxmal hearing to determine whether probable cau�e exists to take further action against an Evaluat�or's Certificate. In the instant case, a preli�*+�� hearing was held on April 7, 1988, and prohable cause found to carx:el Rictiar+d Warwick's Lice�se. Mr. WaYwick atZ�ealed the preliminarv findings at�d requesi'�ed a formal hearing before the Truth-in-Sale of aa�sing Board. The hearing was held on June 9, 1988. After reviewing the oral testimony and e.xhibits, the Board v�ted w�animously to canoel Mr. Watwick's Certificate. Mr. WaYwick, as is his right, 1�as req�sted that the St. Paul City �il review the findings and the orcler of ttre St. Paul Tn�l-h-in-Sale of Hausing Board. �his apneal to th�e Do�uicil i.s ba�ed on the Y�eoord and written sulxnissions provided by th�e Straluator ancl city staff. Please a�ooe�t�the follawing as the City's written s�mission *��*�;m this appeal. The Board voted to canoel Mr. Waiwick's aPxtificate because it was their detern�inatian he violated Sections 4,5 & 8 of tbe ooc1e of E'thicrs for Truth-in-Sale of Bausing L�aluators. At the final hearing af Richard Wazwick, I"1r'• � �Y, �r of the Truth-in-Sale of Ho�using Program a�d Slecretary/'Tr�rer of tl�e Board, identified tw�o primary rea�ons for requesting disciplinary action: 1. The first and m�st critical rea�on is that Mr. Waxwick refused to send a written respo�nse to a c�omplaint against an �vvalluation he conducted at 2077 Wellesley Ave�ue. Mr. Wazwick not only refused to respond to the Hoard, but he also lied to Mr. Ray on several oocasions , about his intentions to respond. A. On 8/24/87, Mr. Waiwick was sent a letter irxiicating a c�omplaint had been filed against his evaluation of 2077 Wellesley Avenue. He was req�ested to respo�d in writing to tl�re c�anplaint within 10 days. B: On 9/17/87, Mr. Waxwick told Mr. Lbay he would � a written response the next day. C. On 9/30/87, Mr. WaYwick told Mr. Ray he had per�nal probl� with his secretary, but that he wauld �end a re�on�e the next day. D. On 10/7/87, Mr. Warwick indicated hi.s attorney told him nat to achait guilt, haw�ever, Mr. WaYwick said he w�aild �ecrd a written resp�nse. E. On 10/13/87, Mr. Waiwick told Mr. E�ay he had s�t his response by mail that day. �is was a blatant lie. Mr. Watwick had riot , sent his rPS�]on�e and he never did. F. Sinoe the Programas i.r�ion, there have beer► 142 oaq�laints filed against E�raluators. All of the Evaluators, except Mr. Warwick, have c�ooperated fully and ans�er�ed in a timely maru�er. �• -, G, Mr. Warwick was warned on nuaerous oocasions that his failure to respond would resnit in the canoellation of his Certificate. H. The Tnzth-in-Sale of Housiiig Board and City Coimcil �Q�� Certificates to persons who do in�ions thraugh this program. I. When the Baard i�eoeives c�a�laints as to t,he performance of these �aluators, the Board and Ooiu�il mzst be able to fully investigate the facts, and if an Evaluator expects to r,�n�-�in CeY'tlfl�. �/S� ISI.St at 8 1tLnimm, �011d tA cn�afii[x�4 concerning a citizen's c�aq�laint. 2. The �eoond rea_�on for reoomnencling cancellation of Mr. Waxwick's Certi.f icate i.s hi.s failure to id�entify and r+�rt obviaus violations in the Truth-in-Sale of �ousing e�aluation dorre for 2077 FTellesley Aven�e. The follawing violations were obmervoad by Mr'- R�ay at 2077 Wellesley Av+enu�e on Dec�aber 29.1987, a�cl w�ere rr�t ic3entified an Mr. Wanvick's evaluatian dated August 7, 1985: A. The electrical �ervice panel for the ha�e lacks a main shut-off and the c�o�ver is looee. B. Z'here i.s an old soervice panel on the wall by the b�agauent , steps that still has tw� active fus�es, exPo�ed wires and two wires attached to a�e �crew. Uncl�er noYmal c' , th.is panel should have been dis000ruiected wh�si the 100 amp panel was installed. C. '�ere is no electric bording juq�er for the electric eeivice ground aroAU�d tlae water meter. D. There is an apen j�mation box with expo�ed wires in one of the west side ba�t storage roac�s. E. There is a �ection of Zmprotected Fbame-x exiting fran the basement e�-e�din9 nP the out.side of t�e w�est sic�e wall, S�'P1Yin9 the dinin9 roan air oonditioner recep�tacle. F. The basgoent toilet does n�t have a p�roperly vented waste. . , G. 7�e water heater lacks an ap�ro�ved tmo�erature�P*,��•,P relief valve. H. There is a �ection of �mappraved black vent pi.pe on th�e water heater vent oonnect'�or. I. Z�e vent �ocuiector for the water haater is quite long and enters the furr�aoe vent in a Tee rather than a Wye oo�nnection. J. There i.s a �ection of wast�e P1Pe ?"�°7Y1°�""lY �PP� 1[tfi�o the side of the main �ooil sta�ck. It al� has tw� trap� c�on�ected to it (one P-trap atrd or�e drun trap). K. There is an �rau�ded 9rauid.in9 �-YP� of electric autlet in the kitchen by the basanent stepe. L. Z�e di.ning rocim lacks one electric oatlet. M, The bathr,00m has an ungrau�ded electric outlet. M �� N• The southea.st and w�est bedroom closets both have closet lights with exp�sed light bulbs (no protectiv+e globes). O. The west bedroom has t� iuigrotu�cl�ad type of electric outlets. Nbst, if not all of ttiese violations, wiere readily observable and should have been r�oted in the Truth-in-Sale of Ho�using evaluation voc�l�t-.ed by Mr. Waiwick. This inspection did not meet the standards expec.fi�ed of �aluators certified unc�er the St. Paul Truth-in-Sale of Housing Evaluation Program. Inasta�ch as Mr. Warwick's lack of �oaperation in the investigation of this aom�laint, his a�nitted �mtrufillfulryess in his dealings with the S'��ervigor - of this progr�n, as w�ell as, his questi.onable ability to ob�enne and report Housing Dode violations, it is re�sted that the City Ooiuicil supl�ort the action of the Tnith-in-Sale of �ing Board and cancel Mr. Warwick's Certificate. " ... . CODE OF ETHICS FOR TRUT:�-I�iJ-Sr1LE OF FiOUSING EVALUe�ITORS " �'�" �� i. 'I'he Evaluator will not d.iscriminate in providinq his se�ices and establish . his fees on the basis of Sex, Maritai Status, Nationai Criqin, Race, Disability cr Reli.gious Preference. 2. The Evaluator, while acting as suc:�, will. not onerate under the use of alcohol, druqs, or narcotics not specifica�ly prescribed by a physician. 3. The Evaluator will nct knowingly re-evaluate any premi.ses for •ahich a previous ' evaluation zemains in force. Hcwever, if, since a pricr inspection, repairs have �een rsade of items noted as unacc�nta.ble or hazardous ia said inscection, the Evaluator who made the prior inspection may re-evaluate the pre�i.ses. -�. The Evaluatcr wi11 be responsible at all tirses to execu`.� his duties with due care and in-good faith, in comcliance with the Laws and 3egulations af the City of Saint Paul and t,he Evaluator`s Code of Ethics. � 5. The Evaluator, while acting as such, wi1Z not engaqe i.n conduct that in any way is in vioZation of any Law or Orc3.i.nance, or is i.n contravention of good order and decor�. - -- 5. -The Evaluator wi1.1 be responsihl.e to notify the Board o� a].I. camolaints filed- --_.__. _ _ .. reqardinq his evaluation services. 7. The Evaluator will not knowingly suFmmit or prepare for a homeowner, an eva].uation which contains faise or misleadinq statements. AlI. e�ra?uations made sha11. be comnl.eted upon the forms supplied by the Bcard, and sha?1. be submitted to the duly anoointed rec:.pient and custodian of sucn coiaDleted fo�, 3. Failure of t�e Evaluator to resgond to the requests wri�en or oral of the Bcard s:zall constitute an infracti,on of the Code of Ethic§. 9, The Evalua.tor wilZ not evaluate prooerties in which he or his iaanedi.ate family has an interest. For puraoses of this provision, i,�ed:ate fami.ly, shall mean � parents, children, and spouse. Ia�ediate family shall. `urther mean those persons . living together i.n a dwellinq co�nrising a single heuse:teening unit. 10. The Evaluator will not evaluate properties in which aa :aterest is claimed or had by his employer or by a person or entity retainiag aim for services other than such evaluations, or by a� Real Es`ate Company with �rhich he is otheraise associated. � I?_ The Evaluator, while acting as suc:�, will not endorse saecific materials or fi�s. ' He will not appraise the value, er estimate the costs o= repairs or services for _ properties he is evaluating. The Evaluator will not ma:ce any repairs or additions to a property he has evaluated, during the ti.me period _he eval.uation he conducted is valid, nor will he make a Truth-in-Sale of Housing �saluation for aay property for which he has made any repairs or additions within �e 1.ast 90 days. • 7.2. The Evaivator, while actinq as such, wi1.l not solicit tze property for sale, nor suggest services of specific aqencies or agents. " A VIOL�TION OF ANY OF Tf� GiJIDELL`1ES ADOPTED BY TEiE BaARD wAY RESVLT Il�I SIISPE�tSION OR :L.�JOC�,TIGN OE P.1�i EVALUATOR'S 'G..�'.2Tg'I(�TE OR DENI�iL OF A FE�E'dAL OF SU(�i CERTLrZC.21TF.'. I, TF� UNDERSIG��TE�, HAVE READ AND DO UNDERSTAND T:� CODE Ce' ETHICS FOR TSE TRUTH-I�i?-S� o : USa EV U ORS. � • ��-1' DATE: � � BYLAWS AND RULES OF PROCEDURE OF THE ��~�,'j`�� EXAMINING BOARD FOR THE TRUTH-IN-SALE OF HOUSING EVALUATORS OF THE CITY OF ST PAUL - - ' � • , . � . :� ARTICLE I � � The 8oard , � Section 1 . NAME. The name of the Board shall be the Examining Board for Truth-in-Housing Evaivators of the City af Saint Paul . Sectio� 2. OFFICE OF BOARD: PLACE OF MEETINGS. The office of the Board sha11 be at such place in Saint Paul , ,yinnesota, as the Board may from time to time designate by resolution. Regular and Special Meetings of the Board shall be open to the public and shall be held at such place in Saint Paul , Minnesota as the Board may designate, from time to time, for such meetings; provided, however, that upon five (5) days written notice to the Board members of the place of such meeting, any Regular or Special Meeting may be held at such other place as the notice sha11 desig- nate. In the event of unforeseen circwnstances, any such meeting may be relocated to another location provided that natice of such relocation is posted in a conspicuous area where the meeting was to be held. .' - ARTICLE II - .;. Officers � � Section l . OFFICE4S. The officers of the Board shall be a Chairpersan, a Vice-Chairperson, a Secretary-Treasurer, and such others as from time to time are provided by official section of the Board. � Section 2. CHAIRP�tSON. The Chairperson shall have the duties and powers usually attendant upon the office of Chairperson and such other duties as may be pro- vided from time to time by the Board. He/she sha11 preside at all meetings of the� , Board if he/she is present. At each meeting he/she shail make such reports to the � Board as he/she may deem necessary or as may be required, and perform such other duties as are incident to such office or as are required by the Board. Page 2 �. � Section 3. VICE-CHAIRPERSON. The Vice�-Chairpers,onrshall perform the duties of the Chairperson in his/her absence or incapacity and/or because of death or re- � t signation of the Chairperson until a new Chairperson is elected. • Section 4. SECRETARY-TREASURER. The Secretary-Treasurer shail be the Supervisor of Code Enforcement of the City of Saint Paul , or his/her designee, herein- after referred to as Supervisor. The Secretary-Treasurer shall have the duty to keep records of a11 applications and exarainations for Certificates of Competency, certifi- cate issuances and renewals, crnnplaints as to the performance of individual truth in housing evaluators, and other actibities of the Board, and of fees received, and to pay into the City Treasury as soon after their receipt as practicabie, a11 monies collected by the Board. All files regarding any proceedings concerning an Evaluator, including complaints, notices and investigative material sha11 be retained by the Board in the files kept by the Super�isor. In the absence of the Chairperson and Vice-Chairpersan, the Supervisor shall preside at all meetings. ARTICLE III Terms of Officers - .; All officers of the Board shall be elected at each Annual April Meetings of the Baard for a tern� of one (1 ) year and until their successors are elected atnd quaiify. ARTICLE IV � Vacancies Shauld the office of the Chairperson, Yice-Chairperson, or such other office as the Board from time to time may provide, become vacant, the Board shail elect a suc! cessor at a Reguiar Meeting or a Special Meeting called for such purpose, and such election shall be for the unexpired term of said office. .. Page 3 ARTICLE V Board Policies No Board member shall be eligible to receive a Certificate of Competency. Board members shall at all times be responsible to, in good faith, execute their duties ali in conformity with Chapter 189 of the Legislative Code of the City of Saint Paul and these Bylaws, In any case of actual or potential conflict of interest, the Board member affected thereby shall abstain from voting on such issues, or from participating in deliberations thereon. The Board may recort�r�end to the Mayor that one of its me�nbers be replaced under the following circumstances: 1 . Where, despite having a serious conflict of interest a member acts or participates in a decision regarding a specific issue. 2. After three consecutive unexcused absences from duly naticed meetings of the Board. • - - ARTICLE 1!I �;, Annual Meetings The Annual Meetings of the Board shall be held on the first Tuesday of April of each year, unless the same sha11 be a legal holiday, in which event the meeting shall be held on the next succeeding business day; provided, however, that the date of the Annual Meeting may be postponed for a period not to exceed thirty (30) days upon the ca11 of the Chairperson or the Supervisor. _ ARTICLE VII Regular Meetings Regular Meetings of the Board shall be held on the first Tuesday of January, April , July and October respectively, �nless the same sha11 be a legal holiday, in which event the meeting will be held on the next succeeding business day. If the " Page 4 Chairperson or Supervisar determines that due to unforeseen circumstances a regularly scheduled meeting cannot be held, any such meeting may be postponed for a period not to exceed thirty (3Q) days upon the call of the Chai:rperson or the Supervisor. ARTICLE VIII Special Meetings Special Meeti`ngs of the Board may 6e cdlled by the Chairoerson. To do so the Chairperson shall contact the Supervisor, who sha11 make a11 reasona6le efforts to deliver, mail , or telephone all members as to the time, place and purpos.e of such meet- ing. Such notice shall be made at least one (.1 ) day before the meeting. The Supervisor shall advise the Chairperson whether a quorvm will be able to attend the Specl�l Meeting. If no quorum will be able to attend, the meeting shall not be �eld and another date for the Special Meeting may be scheduled using the same procedures indicated herein, At this Special Meeting no business shall be considered unless speci.fi:ed i_n the notice. ARTTCLE IX � Notice of Meetings Notice of a11 meetings of the Board stati.ng the time, place and purpose of the � meetings, sha11 be posted in a conspicuous place in the City Hall and shall be trans- mitted to the City Clerk and to the Press Room of� the City Nall pri.or to each meeting, and in the case of the Annual Meeting or Regular Meeting, such noti.ces shall be posted and transmitted at least five (5) days prior to the meeting. In t�e case of Special Meetings notice shall be transmitted to the City Clerk and the Press Room at least ' one (1 ) day prior to such meetings. ARTICLE X _ uorur� The powers of the Board shall be vested in the members thereof i,n offi.ce at any one time, a ma�ority of whom shall constitute. d quorum for aTl purposes, but a lesser number may ad�ourn a meeting from time to ti�qe until a yuornm i� o6tained. When a � Page 5 ,�i�";'�,��„ quorum is in attendance, action may be taken by the Board upon a vote of a majority of the members present, except as otherwise provided for in the Ordinance or in these - Bylaws. ARTICLE XI ' Manner of Yoting The voting on a11 questions coming before the Board may be a voice vote called for by the Chairperson. The vote shall be entered upon the minutes of each meeting. The Chairperson and a11 members of the Board present shall be entitled to vote. A ro11 call on any question before the Board may be taken upon the demand of one or more members of the Board. In addition to the obligations of the merrtber, as indicated in Article V, any member may abstain from voting on any question or matter presented to the Board. Proxy voting wi11 not be allowed. Notwithstanding anything in these Bylaws to the contrary, upon the adjourning of a Board meeting where no final action was taken regarding matters brougfit before the Board, the Chairperson may take a tele- phone polling vote of the Board on said unresolved matter. Such telephone vote shall be allowed only if the Chairperson at the time of the adjournment indicated a telephone vote would be taken. Only those manbers presen� at the time of the discussion of the unresolved matter will be allowed to participate in the telephone vote. All telephone voting provided herein shall be in accordance with Article X. ARTICLE XII Order of Business . At the Regular Meetings of the Board, the following shall be the order of business: 1 ) Rol l Ca11 2) Approval of the Minutes of the previous meeting 3) Report of Secretary-Treasurer or designee 4) Old Business � Page 6 5) New Business 6) Adjournment Minutes shall be kept of each meeting. ARTICLE XIII Personnel The Board may from time to time eJnploy such additional personnel it deems necessary to exercise its powers, duti.es and functions, ARTICLE XIV Committees Section l . GENERAL. The Chairperson shall appoint the following Standing Committees and such other corrmit�ees as the Board may from time to time deem necessary: 1 ) Code of Ethics 2) Procedu res Cor�ni ttee 3) 4) - All appointments shall be confir.nec� by resolution upon a vote of the ma�ority of the members. The Conmittees sha71 repart ail recomnendations to the Board for further � action. The duties of the Standing Corranittees sha11 include the following, which shall , � not, however, preclude other activities by such camnittees. Section 2. CODE OF ETHICS COMMITTEE. This corrQnittee shall be cor�posed of three (3) members. It shall be the duty of this committee to draft and keep an up-to-date Code of Ethics for Truth in Housing Evaluators, submit same to the Board for apprnval � by a majority thereof, and to submit from time to time, as deemed advisable, amendments to said Code of �Ethics. Copies of such Code of Ethics shall be available to the public upon request. Section 3. PROCEDURES COM�IITTEE. This corranittee shall be composed of three (3) members. It shall be the duty of this cotrm�ittee to draft and keep an up-to-date Bylaws and Rules of Procedures for the �xamining Board for Truth in Housing Evaluators, submit same to the Board for approval by a majority thereof, and to submit from time to time as deemed advisable, amendments to said Bylaws and Rules of Procedures. Copies of such • Page 7 Bylaws and Rules of Procedures shall be available to the public upon request. ' ARTICLE XV Disciplinary Procedures Section 1 . DEFINITIONS A. Cancellatiort - license is withdrawn for an indefinite time period. The Board may set certain requirements that must be completed prior to any possible conside�ation for reinstatement. 6. Cause - a violation of the Board's Code of Ethics, or of Chapter 189 of the Legislative Code, or ather act or failure to act which tends to bear upon the Evaluator's abiiity to properly carry on the private husiness of evaluating buildings. C. Refuse to Renew - upon the action of the Board for cause shown, the � license of an Evaluator may not be renewed when the time period for renewal arises. In addition the Board may set certain requirements that must be completed prior to any possible consideration for renewal . D. Rewocation - license withdrawn for a definite time period. The Board sha11 set certa�n standards and requirements that must be completed prior to reinstatement. E. Suspension - license withdrawn for a definite time period. License auto- � matically reinstated after expiration of the time period of the suspen- ' sion. No other conditions need to be completed prior to reinstatement. Section 2. GENERAL POWERS AND/OR DUTIES A. Al1 reports, complaints or other information involving alleged misconduct by any certified Evaluator which tends to indicate the Evaluator's un- fitness to properly carry on the private business of evaluating dwellings, or to indicate possible violation of Chapter 189, or the Board`s Code of Ethics shall be recorded by the Secretary and referred to the Division . Page 8 of Housing and Building Code Enforcement of the City of Saint Paul . • A copy of the initial complaint, if any has been filed, or a memorandum preliminarily detailing it, shall be sent to the Chairperson of the Board and to the sub�ect Evaluator as an informal notice. The Evaluator shall be required in the informal notice to send a response to the Supervisor. B. The Supervisor shall not participate as a Board member in any Board actions or deliberations regarding any matter relative to a proposed discipiinary action against a Truth in Housing Evaluator. The Supervisor shall investigate the factual basis of all reports and complaints, and shall perform such investigations of possible misconduct as are requested by any member of the Board. C. The Board pursuant to Chapter 189 of the Legislative Code of the City of Saint Paul , shaii have the power for cause shown, to cancel , suspend, revoke, or refuse to renew the Certificate of Competency of a Truth in Housing Evaluator. The action taken may be made with or without con- � ditions. �;, Section 3. PRELIMINARY DISCIPLINARY HEARING A. Corranenc�aent of disciplinary proceedings against an Evaluator may be initiated at the request of the Board, or by Complaints, or by the � Supervisor. After notice of a proposed disciplinary hearing has been sent to the Chairperson of the Board and to the Evaluator, the Supervisor may present formal findings and recorrrnendations to the Board at any Regular or Special Meeting; such recorrdnendations are to include but are not limited to cancellation, revocation, suspension, or failure to renew the Certificate of Competency of any Truth in Housing Evaluator. Notice to the subject Evaluator of the proposed disciplinary hearing shall be � considered sufficient if written notice is sent via U.S. mail to the .. Page 9 �'�"�9.�0�. . last known address of the Evaluator at least ten (10) days prior to the scheduled hearing. Attendance by the Evaluator at this preliminary disciplinary hearinq is not mandatory. B. At the preliminary disciplinary hearing the Board need not consider any testin�ony or evidence other than that presented by the Supervisor. If the Evaluator is present and wishes to address the Board, the Board at its option may a11ow additional testimony or evidence by the subject Evaluator. C. At the preliminary hearing or within fifteen (15) days of the Supervisor's presentation the Board sha11 determine what action, if any, wi11 be taken against the Evaluator's license. The Board by ma�ority vote shall : 1 . Adopt the findings and/or recorr�nendations of the Supervisor; or � 2. Amend the findings and/or recolrnnendations of the Supervisor; or • 3. Dismiss the findings and/or recomnendations of the Supervisor because the findings even if true, do not warrant any disci�- plinary action; or 4. Continue the Supervisor's presentation until a later date to allow for further investigation or time to acquire additional information. D. Within fifteen (15) days of the Board's preliminary decision written notice of the Board's action shall be personally served upon the sub- ject Evaluator or sent by certified mail to the Subject Evaluator's last known address. The notice to the Evaluator informing him/her of the Board's decision shall include the following: 1 . the date in which the Supervisor presented his findings to the Board; . Page 10 2. a copy of the Supervisor's findings and recomnendations which are on file with the Housing and Building Code Division; 3. a copy of the Preliminary Oecision of the Board, including the Board's preliminary findings of fact and recommendations; 4. the right of the Evaluator to accept the preliminary findinqs and recomanendations of the Board. If the Board's action was to cancel , revoke, or suspend or fail to renew the Evaluator's license, the Evaluator sha11 relinquish his/her iicense within the fifteen (15) day appeal period as set forth in Subsection E of this Section and Section 4 of this Article. 5. the right of the Evaluator to appeal the preliminary findings and recomnendations of the Board. If an appropriate appeal is filed, the Board's preliminary recommendations against the Evaluator's license shall be stayed until the Final Decision of the Board. 6. the manner in which an appeal may be taken as is set forth in Section 4 af this Article. E. The Board �pon cancelling, s�spending or revoking a license, shall re- quire that the Evaluator surrender the license to the Supervisor. Such cancellation, revocation or suspension takes effect irr�nediately upon the � surrender of the iicense or the expiration of the fifteen (15) day appeal period, whichever comes first. If the license is not surrendered and no timely appeal is f�ied said license shall be cancelled, revoked or sus- pended upon the expiration of the appeal period. However, the co�nence- ment of the time of cancellation, revocation or suspension of the license as set forth in the preliminary findings of the Board shall not begin until the license is actually surrendered. At all times during the period in which an Evaluator's license is either cancelled, revoked, . Page 11 suspended or not renewed the Evaluator is prohibited from performing evaluations or promoting or advertising his/her services as an Evaluator. The license of any Evaluator who performs evaluations or promotes his/ her services as an Evaluator during the cancellation, revocation, sus- pension or non-renewal period shail be cancelled. Section 4. APPEAL OF THE PRELIMINARY DECISION OF THE BOARD. A. The Evaluator may appeal the Preliminary Decision of the Board by serving a Notice of Appeal and a request for a Final Disciplinary Hearing of the Board at the following address: (Name of) Chairperson Truth In Housing Board c/o Supervisor of Code Enforcement � Fourth Floor - City Hall Saint Paul , Minnesota 55102 B. Any such appeal and request for a Final Disciplinary Hearing must state , with specificity all objections and challenges to the Board's Preliminary Decision, and must be mailed to and received by the Supervisor on behalf of the Chairperson at the above address within fifteen (15) days af the .; Evaluator's receipt of the notice of the Board's Preliminary Decision. Any objection or challenge not filed within the fifteen (15) day appeal period sha11 be deemed waived by the Evaluator. In the event the Evaluator fails to appeal the Board's Preiiminary Decision within the time period and manner specificaily provided herein, the Board's Preliminary Decisian sha11 become the Board's Final Decision with the Evaluator bound thereby. - C. Upon receiving a timely written appeal from the subject Evaluator, the Chairperson shall set a Special Meeting of the Board within fifteen (15) days of receipt of such appeal . The purpose of this meeting is to conduct a hearing on the Evaluator's appeal to the Preliminary Decision. Page Z 2 A quorum, as set forth in Article X will be required before hearing the Appeal . In special circumstances and at the request of the subject Evaluator or by order of the Chairperson, the date of such hearing may be postponed for up to an additional fifteen (15) days. Section 5. FINAL DISCIPLINARY HEARING A. General � . 1 . The hearing which shall be informal and quasi-judicial , sha11 be recorded by a court reporter and/or by a mechanical recording device. 2. No issues other than those raised at the Preliminary Disciplinary Hearing shall be considered by the Board at the Final Disciplinary Hearing. 3. The Board shall follow the evidentiary standard contained in Minnesota State Administrative Procedures Act, Section 15.0419, Minnesota Statutes Annotated.� 4. Witnesses shall testify under oath. 5. Any witness may be questioned at any time by any m�nber of the .. Board and the Board's legal representative. � 6. The Supervisor and it's legal representative may examine or make inquiry into any evidence or testimony given. ' 7. The subject Evaluator may, if he/she choases, be represented by an attorney prior to, throughout and after the proceedings. 8. The subject Evaluatar and his/her legal representative may examine or make inquiry into any evidence or testimony given. 9. If some important and pertinent new information as to a matter at issue is discovered irrrmediately before or during the course of the hearing, the Chairperson may consider receiving the infor- mation subject to pro�iding the Evaluator or the Supervisor an : Page 13 �?�-��,J,� opportunity to respond at a later date. 10. The�Chairperson, at his/her discretion and/or upon the advice of the Board's legal representative, may exclude unnecessary evidence, including, but not limited to repetitious, immaterial , irrelevant or incompetent evidence. 11 . All statements or objections and any questions, other than direct or cross examination of witnesses must be made through the Chairperson. B. Hearing Procedures 1 . The Findings and Recor�nendations contained in the Board's Preliminary Decision shall be read into the record. 2. The Supervisor will reintroduce his/her formal findings and recorranendations that were presented at the Preliminary Disciplinary Hearing. 3. The Supervisor may be cross examined by a11 authorized parties. 4. Testimony may be presented by any other witness in support of the fi ndi ngs and recorrmendations of the Supervi sor. 5. The witnesses in support of the Supervisor�s presentation may be cross examined by all authorized parties. 6. The subject Evaluator may testify regarding his/her objections and challenges to the findings and recomnendations contained in - the Board's Preliminary Oecision and the Supervisor's finding.s and recomnendations. 7. The subject Evaluator may be cross examined by all authorized parties. 8. Testimony may be presented by any other witnesses in support of � the objections and challenges by the subject Evaluator. ' Page 14 � 9. The witnesses in support of the subject Evaluator may be cross examined by a11 authorized parties. 10. Rebuttai by the Supervisor shall be allowed. 11 . Rebuttal by the subject Evaluator shail be allowed. 12. The Supervisor and/or his/her counse] and the subject Evaivator and/or his/her counsel may make closing statements. 13. The Board shall make its Fina1 Decision in accordance with Subsection C of this Section. C. The Final Decision of the Board �1 . This decision reached by a majority of the Board members who were present at the hearing shall be issued at the time of the hearing or within fifteen (15) days of the last day of the hearing. 2. Within fifteen (15) days of the Board's Final Decision written notice of the Board's decision shall be personally served upon the subject Evaluator or sent by certified mail to the subject Evaluator's last known address. 3. _ The Board's Finai Decision shall include and inform the Evaluator of the following: a) the date of the Final Disciplinary Hearing; b) a copy of the Supervisor's findings and recorrsnendations which � � are on file with the Housing and Building Code Division; c) a copy of the Board's final findings of fact and recorrenendations; d) the Evaluator's right to accept the fi'nal findings and recommen- dations of the Board. If the Board's action was to cancel , revoke, suspend or fail to renew the Evaluator's license, the Evaluator shall relinquish his/her license within the ten (10) day appeal period as set forth in subsection C (4) of this Section and Section 5 of this Article. . Page 15 p e) the Evaluator's right to appeal the final findings and recormnendations of the Board. If a timely appeal is filed, the Board's recommendations against the Evaluator's license shall be stayed until the decision of the City Council . f) the.manner in which an appeal may be taken as set forth in Section 6 of this Article. 4. The Board upon cancelling, suspending, revoking or not renewing a license, sha11 require that the Evaluator surrender the license to the Supervisor. Such cancellation, revocation or suspension takes effect immediately upon the surrender of the license or the expiration of the ten (10) day appeal period, whichever comes first. If the license is not surrendered and no timely appeal is filed, said license sha11 be automatically suspended upon the expiratian of the appeal period. However, the cortQnencement of the time of the cancellation, revocation or suspension of the license as set forth in the final findings of the Board shall not begin until the fiicense is actually surrendered, " . - At all times during the period in which an Evaluator's license is either cancelled, revoked, sus�ended or not renewed the Evaluator is prohibited from performing evaluations or promoting � or a�vertising his/her services as an Evaluator. The license of any Evaluator who performs evaluations or promotes his/her services as an Evaluator during the cancellation, revoca- tion, suspension or non renewal period shall be cancelled. Section 6. APPEAL OF THE FIIVAL DECISION OF THE BOARD A. Any Final Decision of the Board which requires a cancellation, revocation, suspension or a non-renewal of� the Evaluator's license may be appealed by � ,�.,�� ,f:Y�,�� " Page 16 the subject Evaluator within ten (10) days of his/her receipt of the Final Decision of the Board. Such appeal shall be heard by the City Council of Saint Paui . B. The appeal to the Final Decision must be in writing and filed with the City Clerk at the following address: City Clerk ' Room 386 - City Ha11 St. Paul , Minnesota 55102 C. Any such appeal must state with specificity all objections and chailenges to the Board's Fina1 Decision. Any objection or challenge not filed within the ten (10) day appeal period shall be deemed waived by the Evaluator. The Evaluator shall be bound by the Final Decision in the event he/she fails to appeal the Board's Final Decision within the time period and manner specifically provided herein. . D. Upon receiving a timely written appeal from the subject Evaluator, the City C]erk sha11 schedule a hearing before the City Council as soon as _ practical . E. Such appeal sha'(1 be determined by the City Council based upon the� record, including transcripts and exhibits of the Final Discfplinary Hearing of the Board, plus any additional written .submissions to the City Council by the subject Evaluator and/or the Supervisor. ' F. The Board's files sha11 be certified in their entirety by the Chairperson of the Board and delivered to the City Council for their use in the appeal . G. The party appealing the Final Decision of the Board shall be responsible for ordering the preparation of transcripts of the Final Disciplinary Hearing. Payment of the costs of preparation of the transcript shall � be the responsibility of the appealing party. Copies of the transcript shall be provided to the City Council and to the Board. � Page 17 H. The City Council may affirm, reverse or modify the Final Decision of the Board. Section 7. DECISION OF THE CITY COUNCIL A. Ali parties shall be bound by the decision of the City Council . B. Within fifteen (15) days of the City Council decision notice of the � City Council 's Oecision sha11 , in writi'ng be personally served upon the subject Evaluatcr, or sent by certified mail to the subject Evaluator's last known address. C. If the City Council 's Decision requires a cancellation, revocation, suspension, or non-renewal of license, the subject Evaluator shall surrender his/her license to the Supervisor within ten (10) days of receipt of the City Council 's Decision. • D. Such cancellation, revocation or suspension takes effect immediately upon the surrender of the license or the expiration of the ten (10) day period following notification of the City Council 's �ecision. If the � license is not surrendered, said license shall be automatically suspended " upon the expiration of the ten (10) day notification period. However, the commencement of the time of the cancellatian, revocation or suspen- sion of the license,as set forth in the City Council 's Decision shall not begin until the license is actually surrendered. � At all times during the period in which an Evaluator's license is either cancelled, revoked, suspended or not renewed the Evaluator is prohib- ited from perfor,ning evaluations or promoting or advertising his/her services as an Evaluator. ' The license of any Evaluator who performs evaluations or promotes his/ her services as an Evaluator during the cancellation, revocation, sus- pension or non-renewal period shall be cancelled. .' Page 18 ARTICLE XVI Procedure Robert's Rules of Order Revised shall govern the Board in ail cases in which they are applicable and not in conflict with these Bylaws, It is understood that the Board is constituted by and functions in conformity with Chapter 189� of the Legislative Code of the Ci�y of Saint Paul , and that in the event of any conflict between these Bylaws and Chapter 189, that Chapter 189 shall govern. ARTICLE XVII Amendment _ . The Bylaws and Rules of Prncedure of the Board may be amended by vote of a major- ity of the members. Any proposed amendment must have been submitted in writing to the . members in a reasonable period of time prior to the meeting at which said amendment is to be considered. .� - � Revised 4/3/84 ��' � �9.�� ... Aug. 12, 1987 Kate Parry and Ray Phillips 2077 Wellesley Av. St. Paul, MN 55105 � (h) 698-6038 (w) 372-1703 Mr. Steve Roy, supervisor Truth-in-Housing Office City of St. Paul City Hall, Rm. 445 St. Pau1, MN Dear Mr. Roy, - � Here is the letter you requested describing our complaint with the truth-in-housing report done on the house we bought during 1986. Enclosed you will find a copy of the report that was available in the house when we f irst looked at it. As you can see, although there were a f ew things wrong with the house, the section on the electrical service is clean. There is no indication of any code violations or even the most minor problem. This summer, �we decided to have an electrician repair a plug in the stairwell that we had discovered did not work. We also asked him to generally look over the electrical system because we had been surprised to learn that� there were two active fuse boxes in the house. '� � He told us our electr�cal system violated city code in so many � ways he was unable to list them all. He warned us that the system was so flawed as to be dangerous and that the violations were so obvious that they were readily visible without removing any covers on fuseboxes. He simply wal ked around the house glancing at the electrical system and was horrif ied with what he found. � He estimated that it would cost us $1 ,000 to repair the most serious of the problems. We believe we were seriously misled by the truth-in-housing form prepared by Dick Warwick an 8/7/85. John Heinen, the electrician who told us about the problems, said he would be willing to detail them if necessary. We believe we should not be liable �or bringing this house up to code because we bought it in good faith and believed the truth-in-housing form. We believe Mr. Warwick should pay �h- � expense of bringing the electrical system here up to city��d that the city should do all that it can to convince him of that. . � Please feel free to call if you need further information and please inf orm us of how you plan to deal with this matter. Sin�erely • �� . i�al- - � � - � 1 .w�.L_� . ��- /93� _ � � C1TY OF S�(ti� P�L�L , ' f f�� • �.•°' '-; DE?.��T�`�iE�lT QF CO�vt��rtUNITY Sc�:�lC__ �- ,.. , ;-� ;: _--'� , • • ;� �,�i� .s • _ ��i �i:,� ; . �:'VT ' OtV►SION OE HC�%`-��G '��"� ��-ILG(;:G CCCc ��FC�C=. ��. "�.� :� •�� C::•i H1il.S�ir.t ?:�I.`.��nnctCt� Si.._ 6'_'=:?---•_ Gecrge lwmer M�yar August 24, 1987 Kate Parry & Ray Phillips � 2077 Wellesiy St. Paul, ��`i. , 55105 ra=_= :Is. Parry & rIr. Phillips: � c_^ -J �au T � , ��? c o i=_ca =e;'-_..'_fTgot:e T=.:i'_- - c' == e a cc=? � w:.=a cL= , ` ?= °==I• 3 co� �our =-`'-r S21° OL ..0�•.Si�$ LZ70:: �OL C:° SCd'JE_r2C°C 00 � ;1�5 be_:1. _.:_.��-'�za tQ t:e =7?�uSCC_, �°=•.:_5�-:� t=�L he/sae CO.t3C� ;TOU LO SE°_ �� i.�E ?roble.^..�5� C3^ D2 L°_SOL`IEC. •:V2 C:zVZ 25KZQ t:l° C'7Z�11dLCi t0 LZS�^.O�.G c - • to oar o=='_=- w-itaia 1L eays z_d zad_c_�_ t:e ouc=��° o� ;rOL'= �-e__-�a• S= '�t ��L? i=cs^ses t`_:e _^civ_ __ - �_ - '�e T-_tn'ir-'^a4si:� 3oz_3 0= --= . � , �' ,1La ' � �` � ^' _�s tae �='r w-i1 on?y'rb' ators, buc^-:e,r ar� r_ot em�Loyec by t.. i=7- _L. , - L°tI�2••P1^_� �:.E C�S�c �� C�':_=''° �r L;e L�cC�S 0= C^i3 CC�7�ZLAC 2i:Q/0: �==.T_ . OC.'le= CO-Di��=-rs T.v2=-'s'1C 3C":Ou 2�=_'S� C:° EV2�C1�=0i� S 1.=C_^Se �i7V L:e T_�'=--' i:-^ocsin� 3oa_d. . ��23SZ Ce �CVZ52Q ty'@ C,itl QO@S IIO� have �::E aut::or'_tJ tJ ZL't�oL=?°- ar_y reoa; =s or ocaer se_t?e�e^_t o= your c1a��• 'I"nese• issues �usc be re�olved 'ce- t�2_n you and t;�e ivaLuator. I �,?? c�nt�ct you a�t�- I recaive t�e E�raluator' s response to your Z2C�-2r. " to contac= �e a� ?°8-4153. i: yc•� have aa� questior_s�;-pl.ease f�_? l�°° S ir.cere?'�, i� ""' `�`' �� 1�,� `� ��z��er. R. �o'I � Sani'�arian III , Supervisor, Truth-in-Sale of Housing Sti�? ��. T:�or..ss DeLane.�, C:�ai�erson, Truca-in-zo�sino 3oard � Joz� :`_^C�r_�cU, Ass�. C��j �t-or^.ey . . . ._: :.� ': �:_ ;.� ��; �,, - , - - r .�,:...- ._. _..._ .• . -.. ....-r d.�:� •:� . . .. . '" .. . . .. ��. .. .. +� .�R . - . . . . . .r l -�. `� ��*T •• CITY OF SAINT PAUL � '�� '''' DEPARTMENT OF COMMUNITY SERVICES • •� • '�� •� � .. ; , �9 BUILDING INSPECTION�ND DESIGN DIVISION ... City Hall,Saint Paul,hlinnesota 55102 612-298-i21Z CEORCE UTIMER August 24, 1987 MAYOR Richard LJarwick 306 So. EYChanoe Re: 2077 Wellesley Avenue St. Paul, �v. 5�102 Dear Mr. Warwick: I recently received the enclosed complaint from the purchasers of 2077 Weilesley Avenue. They indicate there are numerous electrical violations that you failed to identify. Please contact Kate Parry and Ray Phillips about their complaint and send me a written response within 10 days. Sincerely, ,��.n-.- 2� , Steve R. Roy, Supervisor � Truth-in-Housing SRR/Ib cc: Thomas Delaney, chairperson, Truth-in-Hsg. Bd. Greg Helland : ! � i �"' �- CITY OF SAINT PAUL a -��- DEPARTMENT OF COMMUNITY SERVICES =`"'_="��• : � DlVISION OF HQUSING ANO Bl;lIDING CODE ENFORCEMENT Citr Hall,Sain�Paul.M��nrsou 55102 612-2%-{:12 George l�umer ^^'Y°' augusc 24, i987 Greg Helland American Agencys 5821 Cedar Lake rd. St. Louis Park, `Ni . 5�416 RE: 2077 Wellesley j�gr Mr. Helland: Encloszd please find mater;�l concernin� a corrmlaint our office has received re�arding the inspecti�n conducted at the aoove noted address by Richard Warwick The purpose in providin; ycu �vith these ma.terials is to assist, and co-operate w-ith all parties im.olved in this comolaint. �de hope this information will e:q�edite the �rocess of investi�atin� and resolvin� this claim. • �`,ny obligation of provid.in; notice of a claim, is the sole respons- ibility of the Evaluator, who is the insured. r -^ S incerely, -.. STc IEiV R. ROY Steven R. Roy - . Housing Code Specialist SRR: CC: John ��rCort^icl_, �St- ��' �ttorney - Tliomas Delane}�, Qiairpers�n, Trutli In Housin; Board , d' �' '�t�J9�-, ,.•"*' °';,, C1TY OF SAINT PAUL : :5 _ DEPARTMENT OF COMMUNITY SERVICES . u iim .' . �,,: �� BUILDING INSPECTION AND DESIGV DIVISION '••' City Hali,Saint Paul,Minnesoia 55t02 6U•298-i212 GEORCF L�TIn�ER October 30, 1987 MAYOR Richard Warwick 306 So. Exchange St. Paul, �IlV. 55102 Re: 2077 Wellesley Dear Mr. Warwick: I recently met with John .IcCormick, assistant city attorney, to discuss your unwillingness to send a written response regarding the complaint about your evaluation of 2077 Wellesley Street. He advised me that you are obligated to respond to a request from the Board. I am enclosiag a copy of the "Code of Ethics" you signed on September 11, 198?. As you can see, item "8" clearly requires you to respond to recuests from the Board. Further, your refusal to respond may result in the suspension or revocation of your certificate. I am once agaia requesting that you send me a written response to the complaint regarding your evaluation of 2077 Wellesley Street. Zf you have any questions, please feel free to call me at 298-4153. �,. Sincerely, � �� Steven R. Roy, upervisor Truth-in-Sale of Housing SRR/lb ' cc: Thomas Delaney, Chairperson, Truth-in-Hsg. i � � , ��'--i y,.3� � P�age III Re: Truth-in-Sale of Housing Board Meeting, April 7, 1988 Steve was concerned as to what would be comparable between the various cities. Mr. Delaney injected this method is widely used for sellers by some of the realtors now; it is called the "Sellers Statement of Condition". Gary Hartman, St. Paul Evaluator, spoke to the Board that Alice Johnson is sponsoring the bill. He said the House Bill is moving right along, but the Senate Bill is dead. Alice Johnson was of the opinion there would be no action this year. Gary felt the bill contained more inclusive things that are not in the City Housing code. Steve r,elated that an internal discussion had occurred together with himself, Frank Staffenson and Judy Barr, Director of Health. Essentially the discussion was concerning the Truth-in-Housing, where it was going, tahere it should go and how it should function and various other questions were raised such as responsibilities of the Board, insurance problems, etc. The program has not been reviewed since 1980 and as a result of this discussion, a memo was sent to Kathy Stack, Director of Community Services, requesting that the entire program be evaluated within the next few months, together with asking the Mayor to endorse a review of the program, to inform the 'Board for input and to hire an intern to do a survey and to make some recommendations to the Council concerning the future of the program. . . earfng er g ra di g ick�arwic�� '�' � � . � .�._ . .,�5�,,,,;�aul,;;;��uth�:fn,'�ousing;;;Cert��.i:cate: .�'�.�.,_�. ...._�,.., � This action Steve informed the Board started as a result of a complaint regarding 2077 Wellesly. He presented evidence that was documented so that the Board members could determine whether Mr. Warwick may be unfit to continue to be an evaluator He received a complaint letter dated August 12 from Kate Parry the electrical inspection of 2077 Wellesly of which Ms. Parry had purchased. Steve sent a letter August 24, 1987 to Mr. Warwick advising him of the complaint from Ms. Parry asking for a response within 10 days. A second letter dated September 30, 1988 was sent by Ms. Parry and the letter stated that she had phone conversations with Mr. Warwick. She was advised to put that in writing and send it to Steve. She did and it was placed in the file. A letter was again sent by Steve to Mr. Warwick on October 30, 1988_ advising Dick to respond to the complaint and failure to do so, could result in action aginst his certificate. Steve reminded him that he had signed a Code of Ethics in 1981, which requires that he must do things required�of an evaluator. Steve had several conversations urging Mr. Warwick to get in his responses. Mr. Warwick made promises to do so and also said they were in the mail, but Steve never received anything. Steve._finally was told that he would not get anything in the mail. 'Steve checked through all the complaints that were filed since the ' beginning of the program and found that 135 complaints had been filed and not one other evaluator failed to answer a response on a complaint. . � ' Page IV Re: Truth-in-Sale of Iiousing Board Meeting, April 7, 1988 B. Continued Hearing regarding Dick Warwick Steve reviewed his file and noted that there were numerous incidents with the insurance where it was cancelled and had to be re-instated. There was one year he did no inspections. He was uncertified for various reasons. During his certification he has done 197 inspections with last �ear averaging about 3 a month and during the last year averaging about �2 a month. Steve inspected the house at 2077 Wellesly. He reviewed the electric�l, plus he noted other things that were obvious and not noted on t:�e report. They were listed as follows: 1. The el�ctrical service panel for the house lacks a main shut- off and the cover is loose. 2. There '_s an old service panel on the wall by the basement steps that still has two active fuses, exposed wires and two wires attach�d to one screw. Under normal circumstances this panel should have been disconnected when the 100 amp panel was installed. 3. There �s no electric bonding jumper for the electric service ground around the water meter. 4. There is an open junction box with exposed wires in one of the west side basement storage rooms. 5. There �s a section of unprotected Romex exiting from the baseme�t extending, u� . the outside of the west side wall, supply=ng the dining room air conditioner receptacle. 6. The basement toilet does not have a properly vented waste. 7. The water heater lacks an approved temperature/pressure re- lief valve. 8. There is a section of unapproved black vent pipe on the water heater vent coanector. � 9. The ve�t connector for the water heater is quite long and en- ters tae furnace vent in a Tee rather than a Wye connection. 10. There is a section of waste pipe improperly tapped into the side o= the main soil stack. It also has two traps connected to it - one P-trap and one drum trap. 11. There is an ungrounded grounding type of electric outlet in the kitchen by the basement steps. ' 12. The dining room lacks one electric outlet. 13. The bathroom has an ungrounded electric outlet. � 14. The southeast and west bedroom closets both have closet � lights with exposed light bulbs (No protective globes) . ' • 15. West bedroom has two ungrounded grounding type of electric outlets. ' Steve emphasized that evaluators have to cooperate and respond to complaints. He requested the Board to evaluate and determine if Mr. Warwick was fit to continue as an evaluator and if the Board determined that he was unfit, Steve recommended that a proposal be made to cancel his certificate. - Page V Re: Truth-in-Sale of Housing Board Meeting, April 7, 1988 B. Continued Hearing regarding Dick Warwick. Richard Warwick, then, spoke to the Board. He said it was the first complaint against him. He felt he was naive to as what to do. He stated that his lawyer told him to have the City inspect the house, and he contacted Steve and the City electrical inspector. He stated that he did not want to be uncooperative. He continued on to say � , that after receiving the complaint, he went to 2077 Wellesley to review it and f�ound that some remodeling had taken place. He said that he told the owners that he would take care of the electric discormectswitch. He had to make them aware that it would be difficult � to just put in the di=_connect switch because of some other problems. They wanted him to put in a whole new system. So, that made him unpopular with the o�...er. He felt that he did nct respond because he thought Steve would � go ahead and inspect tne property. He stated that sometimes the complainant sees that picture different from the evaluator. Iie said he felt the main disconnect was the only thing wrong. He described his background on housing inspections and he asserted that he did't get any direction. He felt that Steve should have looked at the propert� and then he could have responded. He went on to say that he did not understand the system as well as he should. He emphacized he that he felt he was not being uncooperative, but only wanted Steve to zake an investigation non-biased and then he could have responded. _ . Mr. Delaney reminded Dick that it was rule to respond. Dick replied that he did not know �:hat to say. Sue Johnson reminded 2"s. Warwick that he and Steve had a phone conversation and he told Steve that his response was in the mail. Also, she told him:if he did not understand something, he could have been guided by the Board. Dick replied that he was waiting for a response from his l�wyer and that he did not realize that he could talk to members of the Board. He said that his lawyer had advised him not to put anythiag in writing, but to get Mr. Roy to inspect the house. Dick replied that he meant no disrespect. Upon further questions by Mrs. Johr.son as to what an inspection by Steve Roy would accomplish, Dick replied that the lawyer felt that the � electrical service is=ue would be defused and it could be talked about in more reasonable fashion. He said the people were very upset. He admitted he did not look in the main disconnect panel. He had never seen one like it. .He said the owners were made aware that the electrical service was not up to code.� Mr. Warrick felt he should not have to put in a �:hole new system, but he would put in the main disconnect portion. "s. Delaney reminded him that the issue was his lack of cooperation with the requirements of the Board. He replied that he had visited the house and talked to Steve several times on the phone, particularly a�out how to go about this matter. He was reminded that he must have kno�.�n what to do because he promised to mail the response to Steve. Dick said by that time, it was in his lawyer's hands. ' P�ge VI � ' Re: Truth-in-Sale of Housing Board Meeting April 7, 1988 B. Continued Hearing regarding Dick Warwick. Sue Johnson asked him if his lawyer had looked at the Code of Ethics he had signed and he replied, "No". Sue Johnson felt before an attorney gave out advice, he should have looked at the requirements issued for the evaluators. Dick said he honestly felt he did not have to respond because he said that Steve led him to believe he _ would make the inspection and review anyhow. Mrs. Johnson reminded that if he thought that, why was he promising to mail the complaint. She further went on to note that Steve cannot &o out and make investigations just at random, because he has so many other duties and that is why the Board insists on a response first and also insists on the signing of the Code of Ethics. She further stated that she felt she could hardly believe that a lawyer would advise not to respond in a wide-spread program like this, without f irst looking at the guide line requirements for an evaluator. Dick emphasized that he just did not know what to do. Steve read from the Code of Ethics. He also read the October 30, 1987 letter he sent Mr. Warwick again requesting his response. Steve wrote that he needed Dick's response, then he would investigate the complaint. Bob Reistad asked Mr. Warwick whether he had received all the letters from Steve. Dick replied that he had. Bob further asked if he showed them to his attorney. He stated that he took the complaint letters, but none of .S��ve's letters requesting and advising a response. He again stated to the Board that he felt if he did not respond, Steve inadvertly would go and make the inspection. He said he was was sorry if he had harmed anyone on the Board or Steve. He said just could not respond. John McCormick presented the proposed options the Board could vote on. 1. Whether Richard Warwick was reasonably unfit to continue on as an evaluator, in which case his Certifcate of Competency would be cancelled. 2. If the Board did not find sufficient evidence, then exonerate him. 3. Amend the proposal. • Steve Roy proposed cancellation of his Certificate of Competency. Sue Johnson made a motion to cancel his Certificate of Competency � License and it was seconded. The Board unanimously voted for cancellation. John McCormick informed the Board that after 15 days, Mr. Warrick has the right to appeal to the Board. Steve Roy received a letter from Gary Schutta, St. Paul Evaluator, stating that Truth-in-Housing Inspections were going toward a dangerous trend because of high insurance. In essence that note be placed on the Awareness Report stating various things and informing the Home Buyer to contact the evaluator before purchasing the property Would the Board like this. Mr. Bradford said if there have been mis- understandings by the public, maybe a little letter is in order. * Page VII Re: Truth-in-Sale of Housing Board �Seeting April 7, 1988. �lr. Delaney inserted there are explanations on the front of the form and it is not very feasible for the evaluator to be called a11 the time. Larry Kiteck talked and said he thought Mr. Schutta only meant it as an add on sheet according to the wants of each evaluator. It was suggested that it could be a hassle for the " realtors. Gary Hartman said he he gives out cards and that some could be leEt for the buyers. Tim :iartdell asked Steve whether he could see some change or consort with the buyer. Steve answered that they could put "please call if necessary under the evaluators' phone numbers. �,.DJOUR�\'�1ENT: 5:37 P.�1. ,�.. � �'� jRL1Th-I��-SAL,�QF HOIJS I G DI SCLQSURE 3EPORT �fr-! ��'`� � � � ., .�OTICES � �=opy of this Report must be pu�licly disp�ayed at �*�e Drerr,i�e= when the hcuse is showr, to �rospec:ive buyers , an� a coFy of tnis Report must be provided to the buyer prior to the �ime oF sale (Buyer' s signing of Purcnase f�g^eement ) . , /� ( 1y � � , � � `�� , ^��l;.' ��-�!`f. �.L.-�(_� // � •, ��r'�: • ti:= ••/ f. i . ;. 1H�S T �IONT � � �IIV� E C ORSF i(TURE; . TH A OF IS ,T, OR �WY ER MA�, ADDRESS �F :.VALUATED DWELLING: 2p�� 9ellesley Ave. � OWNER' S tJAME : R. Gregory Steohens ' OWNEF.' � ADDP.ESS : Saroe LIST � NG AGEIJT AND AGENCY: �9ary Gallivan, ^dina Realty � iVO. OF DWiLLING UNITS : ONi X TWO CONDONINIUM'� TOWNHOUSE MI XE�--U3�E —�THER COMMENTS : TH1S REPORT: � l. is intended to provide basic information tb tt�e home buyer and seller prior to the time ot sala. The Report will NOT be used by the Dept. of Inspections as a baais for enforcing any St. Paul Ordinance, or for purposes of requiring repairs by th� sellaz or buyar. Minim� standards for this Report axe as contained in the Saint Paul Housinq Maintonance Code (Chapter �4) . � 2. covars only the items listed on the forn► and does not cover inspection of any inacc�saible u�u, concealsd itam�, or any itams which requirs disassembly to prop�rly evaluat� th�ir condition. Alao, this Report does not requiro tha Evaluator to iqnits the h�atinq plant flurinq th� non-h�;tisiq s�a�an, nor to uas a ladd�r to obasrve the axt�rior condition of th� roof. Ths Raport i� an opinioa o! th� items at ti�� tiw of tha inspection, and does not unply �ucure useful iife uf any ite,ur; covereri in th� R�port. 3. is valid for ono ysar fraau the date it is iasued, and only for the above namad w+nsr for a sinqle sala. 4. shall b� us�d only !or Truth-in-Sale of Housing Inspections within St. Pau]., and only foz axisting rasidential units. �`5. !oz condCainivm unita anA mixad-use buildings, this inspection includes only those itema locat�d within th� ra�id�nti41 units �nd doas not include th� cawnon w� u�aA, os the no�-r�sid�ntial az�aa ot th� structure. Most conclominitmo aAd mixed- us� building� wust hav� s C�rtiliaat� of O�cup�oy is�wd by the Ci*_y. BUyars and a�ll�ra ar� �ncoursg�d to ch�ck City 7r�quirameots. C�rtificates ere isaued by the Div - - �.. �. - - � �., - - -- H�MEOWNER/AGEIIT I , THE OWPJER UR AGEtJT OF THE OWNER, DECi,r",fiF THF:7' AS OF THIS DATE, THERE (ARE) (ARE NOT) CODL ViCLATiOtd ORDERS PEtJDING ��rJ THIS PROPERTY FRuM THE DIVISIOtJ Of HOUSIPdG AJ•1D 3UILDit�i; COL�E ENFORCEMEI�T, GR OTHER CITY AGENCIES, i1� THE l.'lll Gi SyIi3T rA�i,. 0 IJE AGE J , � SHOULD THL ABOVE DECLARATIOIJ iJC'T BE �IGiiED, ?'Hr r'�F'.::if,SER !°LAY CONTACT :HE DIVISION OF HOUSING � BUILDING '�CnC: r�JF�)kCEt':ENT FnF HOUSING VIOLATIONS , IF A1JY. �9�-5b-i.i I , TH�' EVAi,UATOR WAS UP�aBL� TO GBTAItr T'N� �IGIJATURE OF THE 0 �R/ GE . ' � ?c��-{�� -��L_.L.- �98 5 A?'OR SIGIv'A E ~°`��'T��' = �/dl R.ev . : ��e I . y i` .�. , � , . Chack a::pro�riate box for each item. If an item is non-existent, and is not required by the Housi:�y Code, mark - NCNE - across the four boxes. Items checked UNACCEPTABLE, HAZARDOUS or SEE COMMENTS must be explained ut�der COMMENTS with pertinent item number indicated. Attach additional sheets if necessazy. HAZARDOUS must be marked For items found to be unsafe to the health and safety of the occupants. I,'NACCEPTABLE HAZARDOUS , ACCEPTASLE SEE CONQfENTS ITEM M COMMENT HASEMENT OR CELLAR 1. Stairs & Handrails 1 . no handrail 2. Slab Condition 3. Foundation Conditian 4. Evidence of Dam ness: No - S. First Ploor F'loor S stom 6. Colua�ns 7. Beams e. Slae in ttoom d. inadenuate !�ire exiting •tnrough windo� 9. Oth�r items ursuant to Hs . Code short outlets MECHANICAL SYSTEMS ELECTRICAL SERVICE: �MPS : �� VOLTS : > > ��37 10. Electzic Service Installation 11. Condition of Electric Wiring, X Outlets & Fixtures in Cellar Basemen 12. Other items ursuant to Hs , Code n 4 n e HEATING - No, of Heatinq Systems; � � 13. Tvpe of System pu�- Main Aux. Main Aux. Steam Gas X Hot Water X Oil Warm Air Elec. Jther Other 14. Heatin Plant Installation X 15. Heatin Plant O eration x 1 �. not vlewed in operation 16. ComDustion Ventin S etem x 17. Re ired Safet �Controls Provided; es �it 18. Othex items �ursuant to Hsg. Code n o� r. AUXILIAAY liEAT n o n e 19. Auxilia Heat Installation 20. Auxili Heat 0 eration 21. Caabuation Ventin S stam 22. Raquired Safety Controls Provided: Yes No PLUMHING � 23. Waste s Vents x 23. drum trar is taped 24. Floor Drain s Cover �4. no cover • 25. Main Cleanout Flu Int�ct 26. Plumbin Fixtures 26. laundry tub �s unconnected 27. Water Pi in 28. Water Piping Locatad in Unh�atad Araase No ' 29. Gas Pi i (all floors) 19• no drip tee on water heater 30. Othas itana urtuant to Ha . Codo WATER HEATER 31. Condition 32. Installation 32. no cold water :�hutoff valve 33. V o W ter H t�r 34. Tempe=ature/Pressure Relief Valve X and Dischar e Pi e 2077 ;�ellesl.ey Ave. August '!. 1y85 �ic': :'larwlc c Addzess of Building Date Evaluator Page 2 of 4 •� / � � CN.1,_CCEP_A3LE '1,2.1�DCUS .1CC�?':ABLE Sc.�E C'JMME:TS I'�'�..''�f 4 C�u*t£IVT tJpPCR °'IAORS ICITC'�. . 3 S. Co�tadi tioa o! Wall i Giliaq • Y Strve C a�nta 36. Condition o! llaor - Y Structutal Camoot�anta ]'. :.'vid�nc� ot wat�r S��paq� or ta �n : vo 38. :1�c�ic rJutl�ta aad oz Fixturss 39. Pl�biav Fixtus�• 39. . 1Lchen sinat is unvented 40. iTatar 91ow atar ?i in 41. �Tia Sis� i 0 saabl� ar�a y2• Canditioa � 0 �rstion ct ��tiridovs �: x 42. 1 Nindow has broi;en sash •corde 43. Oehsr tt�ms ursuane to :is . Cod� n o n e LIVIIiG i INING ROql1S 44. Condition o! O�a11 i C�ilinq • g 3truetutal C on�nta �S. Caadi tioa o! !'loos - � Stzuctural Camoon�nta 46. Evidsnc• ot Watar S��paq� _ or 9tainin : 90fix Vo` 47. E2�ctric Outl�ta and or Fixturss x ; 48. 'aindov Siz� t 0 1• Ar�a x 49. Condition s 0 ration of �tindowe x 50. Oth�r it�ms ourauant to Ha . Cod� o n BA:.Li�AYS S S'"1IR5 S 1. Condi aon o! Foyars, X tiallwavs t Stairaa s 52. Stairs G Ha,adrails to G o�r cloors 53. Elactrical wiri & Pixtusrs 8AZ'I�i001�.5� .�I o! Full s 1 P al• S4. Condition of wall � C�iliaq - x Stxuce�ar�l, Coao�aw�nts. . SS. Condition of Floos - Structural X Camoon�nts/Ploor �z4lous 56. . Evidanc� ot 1latar 9�spaq� or Sta Wo S7. �l�ctric Outl�ta an or��'ixtur�s S6. Pluab lixtur�s S9. Waesr Pla+ at�s P � 60. wiadav Sis� i Op�aabl� As�a x or Mschanical bxhaust . 61. Condition s Oparstion ot x � i�i.ldowa or M�chanieal Exhawt 62. Othar it�ms ursuaat to Hs . Cod� SLE�ING ApOMS . 63. �to. o! Nabitabl� 51ss tzoamt r j 64. CorLdition o! Wall i C�iliaq � Stsuctursl Cawnon�nts 65. �andition o! Floox�- x Struct�sral Camtionants 66. Evid�nc� ot 61at�t S�apaq• os S 'nin : Vo 67. _l�cuic CucLta and/or :ixtur�s be. ii tidov a's S O 1 a 69. :.�ad:t:on � asat oa o! 7iindar� 70. �t2:�r itsms uss t to . �ad� 7:. :.zclos�d �ozc:��s � Oth�r �ooms: *_t "�ss" C�aeaent Yas 7�Y 71 . front porch is acc�ptable :+:':IC S?AG� 72. :.�ndition o! �oot Bouds s �a=:ers Y �.� ... 7]. Eni��nca of wat�z S��a9�: � �o 74. v�nt:lRt oa o!Att S ac�: Y s 75. El�c:sical x�s' i Pi�ttur�� X . 76. Oth it urs t bo �a . C�da n o n e 20%'/ Aellesley Ave. �/7/87 nic� Warwick addr�ss o: 3u::dinq �,a�e �•�a�uatar ' � ?ice . :_ ; � , . � . ' ' ;,'vACC�PTAELE `ta�a�OCS �+CC�?T.�Lc. .:EE CCI�C"EV:'� _TE:•! # :G�1.`1E':': E.YT:.'RIOR ,�.�D �CGF %7. ?oundation Conditicn 78. Roo! Coverin s Fluhin '9, Cornus 6 Tzim Condition 90. rxtssior Sur:ac• Cond:tion d 1. 'fi ianr� X 3:. eiectr:c �utlets.and or Fs:ctures x � a3. 3taiswav�• s;.00ca 6 ?orehes � x 83. upper port�on o f the rear deck hae nc 34. �Sid�wal;c x: guardrail 95. �ondit:cn �t �utters S �owns�out; X � ' 66. Ent:ance �ocrs x I a'. �t,'�er :ta�.s �ur,uanc �o eis . Coae n o n e VaF..GG . 88. S�-uctural & �xurior Condit�on x � 88. sheath�ng rotted on the base of tne 89. Root Cov�rin Condition north side 90. Gua � Ooors 91. Con tion of El�ctric Wirin 92. Oth�r items urauaat to H� . Cod� � SAF�TY � Er�ER�I' r;,.��n�v�i,'�rIOi�; =-'�=', - a'.�, H� U�E 51;1 LT ;E�,,,,` , .. ,S� ',+ H�1�'E CE.�� r V � c�.T' ,�, �� . i r .'Ni LL'RE�' ,.- L ' -�`"y ^ `0�.tiv r�,Ey .'�.V oE �'� i�� ' . ri , Sr1e�TY Z:iFCR:�ATI:.:7 � " "�nE L�aa �'�IIV ?� i�' � .: . 93. �ead Solt Locks .'��L THK �T, U �- 94. Smoke O�tectors Present 'F �!�.�LTh �?� -'. _ 95. Smoke D�tsctora Pro erl• Located vCTE: Evaluator zot responsi�le foz testing Smoke Detectors. ' � � .� ., r .� v ,� �� ti 4 ,Sti� vZ� �ti � �vy ��v� .s ;C r."IYERGY I:�FOR�1ATION �;� � ,�,,�•'��,yG'��;�Q4i�� Q{`.•.. INSGLITICN 2 ��' �S� � � ;_� 96. Cei_.a- _asulat�on o 97. 'Rall :nsulation 98. iCa�e�aall Insulation 99. ?loors Ovar UnY:aatad S ac�s _J0. z�.:os�d �oundatioa Znsulation '_:1. � Joiat IZS4laticn l�s. 3tar� �oors --��-y ._.�---.� .--._ �_._.._---..- - - � :C=. =t�� indows N'E.1THnRST?.IPP I�1G .�4. �oors X L�S. :7�adows x r:?:P' ;��• Yr5 Yf�]c a o� :ra�laces: _ _ l�o. �ainoar o erat�or.al x ; 1:7. ^:.re:lace ;.00rs � g � � �CB. ';:si�l• Cond:tion; �cce�ta�le X ------------------------------------------------------------------------------------------------- +� !i.'cL�BY CER'^I?Y T/1.:►T ':F..TC, ,aBCVE REPCP.'^ �S �t;�DE �Ni CC?�t,.�:.I.�PICc i�1ITH THE ST. PAiJL �IO�Si:�.:, :.��z', �ti.>?Trd 34, nND '^ti4T I H.�V_ �'^�:.?�c'J ':EfE Ca�E �.`7�J �ILIu�VC�, ?Ea:,,:NABLE aiVC _:�:�:1HnY, ?CP ''LEE��VG '"HE CERT:FIC.i►TIC:J STA.VDARDS P�SC:2IBE� BY C:iAPT�cZ 199. _ H�',� ��f� `7G I.`:S'".�`1C°S :: VC!V-��:^�LIj1.NCE �]ITH THE I':'E:IS �.8:'�D ,aSGVE a� �= '"H� ��1�'= -F �';:r� ��'�F.'^ �.._�?," :'�?:.�_ �ES�v.+i.;E� '.iEREI�i. � � c �o•i� wellesley AVe. 8/?/t�5 �-ts9t8 nCG�3Sa �f �l:_�a:. _ � =iC2 _ _'.:3�__ ' . .. . . .:i _. _.�•? ..�Gn s . - � � - �9,3�- -� � Aug. 2�� 1 g88 Kate Parry 2077 Wellesley Av. • St. Paul� MN 55105 Mr. Steven Roy Division of Housin� and Building Code Enforcement City of St . Paul, City Hall � St . Paul, RiN 55102 Dear �"_r. Roy� I understand that l�ir. Warwick has appealed the suspension of his license to perform truth- in-housigg inspections to the City Council. I thou�ht an update an how he has dealt with us would be appropriate. In January� I sent a certified 3etter to Nlr� Warwick containing estimates he had - requested for the electrical work that would be needed to bring our home up to code. He w�uld not claim the letter and after notifying him twice the post office returned it to �e. On I��ay 3� 1988, I hand-delivered the letter tc� his home and left it in the mailbox when - no one answered the door. We asked for a response within ten business days. Nearly four months have elapsed since then � and we 've heard nothing. It makes me question how seriously I�'�r. Warwick takes his role as a public servant. . • Si cerely ate Parry .r, � `G_""'�. •...___ . . ' ___--__. - _-__ ��.v-- .. . . .. • f��""�„` ,•�'��y . YX � " '''�� J�"�. • CHAPTEF 189 . TRUTFi ZN: SAL� Q� HOUSZ?�G : ��' 189. 01 . Defin?tions Subdivision 1 . Terms . �'or �the purposE:s or this chanter, the follot�ing te:rns shall have the meani.nf;c� ascri.Lc.d :-o thern in t;;is secrtion . Subd . 2 . Trufih in Housi.ng Disclosure ::eport in�at�s �lhe written Gnd signe� eva'lua�tion by a person ccrta..f ied p�:�'�U�3!'i� L'O >ection 109 . 0� , made in tne forrn prescribed by �r_�-t:.on 1ii9 . 0�+ , represent- ing to the po�tential buyer of fihc� dwc]_.lin�; ;o <�valt��,te�l that sa�d persorl . ( 1 ) had utilized �the care anci c:l�.lip,en�_��: r�;�sor,��l.,].e �,nd ordinary for on`� mc e��ing the certifieatiori :, Candaru� p�,�scribed by Sec- tion 189 . 07 , and ( 2 ) has found no instances of non-comPlian'ce with the items con- tained on said form as of the date thereon , er.cept as specifi- cally designated �thereon. L;<cept as otherwise provided by the bo��rd for �p�cial circumstances , the disclosure report shall be rnade avai.lable to tne �otential buyer prioi, to execution of any contractual <.�F;reemen�: ��e-tween buyer and sel.ler; and the report shall be publicl.y displayed a� the subject � housing when the housing is shown to prospective buyers . Subd . 3 . Contractual a�reement means any written agreement between a Prospective gr�ntor and grantee or buyer und ,c7.ler fo-r the con- veyancc of all or par-t �F any housinr; cov�r�er1 by t}�ii.� chaptcr. Thi�s shal.l includc , but not be limit�cl to by �l:liis �peci�ication , an eari-�es rnoney contract er agreement. Si.�bd . 4 . Si�1e sa].e or conveyance of r'1J1 ),Il�e2"�C�:1= rr,euns when a cieed oi� c�ther in��ti,urnent of conveyaiice of�� 1e��f;-�1 or equi-lahle �itle in atl or part of housing covered by thi.s ch��ptcr i.:_ tenc�ered b� a grantor or vendor and accep�ted by a grant�e or VC'r1dC'e for valua�le consideration evidencing a sale or exchat�ge at or �-�pproximately inarket value . (Code 1956 , as amended , S�E!�. 10 ) . 1.89 . 02 . Prohibited Act . No owner or •agent oi the owner shall sell by conveyance or confiract for conveyance � :,in�1�� or tcao farnily dwelling, a �Cownhouse or uni.t�, a condominium unit , or a rnixcd-use building with one or two residential units , within tii� City wi�thout providing to the buyer, prior to the execution of any contractual agreement be- tween buyer and seller, either a copy or (a) a complete Truth in Sale of Housing Disclosure Report , valid for c�ne year after the date issuec arid as descrabed in Section 1II9 . 0<< or (b) a Certificate of Code Compliance more than one year prior to its usage hereunder , or (c) , a copy of the orders issued by the Super�visor of Code Enforcement as � a •result of a Cert.ificate of Code Compliance insp�ction , which shall U� da�eed no more tl�an one year prior to i�ts us�z�� . Nor may an owner . or agenfi of the owner show to prospective buyer.s any d��elling hercin described withotit publicly displaying the Repai��t at t2�e dwelling at the tirne of the shoc'aing .. No�twi�thstandi_n�; any othc�r F; .rovision �.n ' . this chapter , such documen�ts shall be v��.lid for 1:X�e purposes herein described only through a single sale or conveyance of an in�er�st in i:he subject dwelling. , „ , „, � ....`+"'�:;:�jy'-;__- _ .- W� � 1�,9 . 03 . Exce�t�,o�s , '�he ��arov��.ons o�� thi`. cha.nter ,�h.al� no� apply to ,� � .. •th.e sale or conveyance or o�ther tr�r.s.f'c�r o` title or cor�-t .rol of any single or two family dwellin� to a ,�ublic hody ; or such a saie by a sheri.ff , constable , marsilall o:, o�ther ��uLiic or coLrt officer in the . perforrnancz of his official duti��s as s�.ict� , or to trus�tees in ba,K- riaptcy or �i�y other person or pei,sc�n:, .�ctir��; u,;�r� tt:� di^^eti.cn er ��uthority Ot any CUUT'� � S�c7'�e OI' TC'.(�E.i'�: � � ?.Il Si'.i.�..l.I't�; OT' CO!-?V�_'fl.l"tb a ;ir.�le OI' t:WO idRllly dwelling � C�?:C(_'i�t �}ii;'� in �Ll��c: CdSE.' Of d ::c?:iE b} . a personal representative or :;�,:arclia;� appoir�tcd by a pr�obate ccu�_�� or a sa�e orclered by a prob��te cotlr�t , �i:i�is ci:�ll:fi�.i, :�hall appl� , ( Code 1956 , �5 amended , 54A. 3G) . ].39 . O�t . 1'orms . Subj ect to �the approv�:� c-> �' `t��: ;,i,�;o:� or ��is dc`i l.ariee , �C�'1C', exami.nin� 'UOal'� }l�I�@lll C'Si:._!�)i...c�J:�:., .;(i,.. �..�. !ii'�'.}>ciC'i' 0i:' di;"rf;C:'7.�c L'}'lC U;iE U� SL'C�l f01'JII OT' .{-U2'If1S c1S lt !!!:':� clecr;� �l�)t)I�U��T'i.a �e to COilStl- tute a disclosure under Section .l�'9 . 0% (a) . The ior;� shall inci�de. a].1 ��ppropriate sections of the I�eg:.s��itive Code , including those sections of the State Building Code incorporated therein by referencc applicable to existing sin�l.e and �two `amil�q dwellings which, wher r�ot complied caith , constitute a major �tructural defect or an immediate hazard to the hPalth and sa�:c �y of the occupan-r . The oYrner �hall p:ovide a copy of such written �;isclosur�e as provi.ded in Sectic 139 . 02 (a ) , (b) , or (c) to the bilyer pr�ior tc the e::eeution c� any rontractu�l a�rcement between btiyer ��nc; ;eller.�. iJothin� in said rE- ;�oi•�C shal.l indicate , tha�C said dwc�lli>>�; �nect� �:11 inir�imum nousing anc � buil.ding standards , or tha't the ::,eF ort irti any way m��y �or�ist�.tute a warranty by the city , board or evalu�=:tc .r of� t�ie CGI1Cil'�ion of �he housing evaluated . (Code 1956 , �s am�r��c:-:cl , S��/',. ��U ) . 1S9 . 05 . Examiilin�; 8oard establish�d; mernt,^Y�•:;}��:i.;�, 'r'oi� tr:� pur�pose of t:h�� C�1c?j�te2'� <]fl e::��mir�ing bo��rd W}11C}l .�71�i1.!_ ;)E� k.T1041r1 ct�� }lE? eX2.Jfl:."?lll� board for tr�uth ii� housin�; ev�zlu�-Li:oi.r, , .:i�:;�Ll l,c a��r.,c>ir,ted L-y �h� .m��y� tJ1.i.}l a��prav�zl. o� the eity counci.l , �:�nci sl�c:].l ccr�.�ic�i: of nine rn�mber� . ".''he membership shall include ��l�e st.�;�ci�„�.��;,c�t� of C��dc, c:n.zorcemer��: �r h.lS C�t:S1�f1nC'. � d represen�t�Z�:1Vf. Oi �l'�l(' ��111.�.(�l.11f; '�'Y'�1C1(:� � c7 r��r�ser-�ta'�:. �f the le�al profession , a repi�esent�zt.i.ve oi the t�i.nai�cial comrnunity ; a representative of 'lhc contractin� bu:�ii-�es� , a representative oi tne r�e��l es�t-a•tc bu:>ineJJ , a repre�enta-t_i.vc� a:f t:he �r'C1�17.1:�CtUl'd�_ UP en- g:�n�ering profession , and �lwo c�.�tizen i::,�;R�!'_T'� re;�resenti.ng ti��e �enerG public . Th� supervisor of Code Lnforr.�;n�.:n�l , or his desi.gnee , shall se .rve as �the secretary-treasurer� or th�� bcarc� . i�pon first appointrner: the members o2 th? board sn�ll be n��;ner.i to J L��;�eY'�d thre.e-yea^ t�rms ��s selec�ted by the mayor; and thereafter , terrns stia?1 be for a period o±` three yet�rs , �•%hich shall continue urit-iJ. -z �uc�e��o .r has bEs�n culy �ippointed a,cl qcsalified . 1'hc mayer sh�:l.]. , ��:.tfl the approval o.f the cour�cil , fill. any' vacanei.es for the r�.��,-�i.nde .r oi the unexpired t�rm. (Cod� 195G , �s amended , S�i�. 50 ) . , .l£i� . UG . Or�anization of the Board . Said �x.imining board shall elect a ehairman who shall preside over meeti�igs oi the board , and a vice � � -chairman who. shall preside in the �bsenc�e of the chairman . The secretary-treasur2r shall have tl�e d;:t;� �to keep records of all applicatior.s and � examinations fo .r cer�ri.fic��tes oi competPncy , ce�,t�.- fi.ca�te issuances and renewals , complaiiits as 't0 �1:71P :PET�formance c` _ individual tr�uth in housing evaluators , and other ac-iivi�l-ies or" the " board �-snd of fees rece�ved , and to pay into the .city t .r�asury , as soori after their receipt as practi.cal��c , all moneys collected by �he bo�tird . Regular� meetings of thc: bo�ird ��'�all be }ie)-ci or7 ��hc fir�� . .�-- . �.. . . �� t;'� . 06 (cor:t . ) • '�^�le��ay cw J�:nuar�� , A�-ril , J•uly , and October , respectively , Gnd s?ecial meet�:ngs snail be held :�hen n�cessary at the call o?` the c�;;�irman of the boai d . The boar�d sha11 adop� rules ar�d bylaws govern=n� its procedt:res and sha'_1 �evelop and en:orce a code o` e��hics .for t:uth ir. rousi.ng evaluators , and c�pies of such re.les , i�)r.1.�1WS � c;:1G COGP_ QT E'.t�11CS S�ld�.l DC dVdl.Lil.l�l^ �O (:c.�C.'.h appliCc7flt �O:^ a certi=icate c�f con�pe�'�ency. (Cocle 1956 , as amendc.d , 5�►A. 60 ) . 139 . U7 , 1?utie� of th� board. The boa�d , at i.ts dis�cretion , may Fstablis: r,iin�.tntim ec�uca�ri.onal and/or tr�-�ining requ;.rements which must be IilP_'L }�ef.vr° c7il c?�D.L1Cd;l�r may �12.}CC 3i1 examin��1.0I1 � ;1�]''('1T1u1:i:�1' ment1011eC� � �Q1� �� Cc:l'r1l�Cc3�e O: COlilil2�:F'11C�J. 1.1()Oi? lii�(:i:1T1£? S<11i� minim��m 7'�'C�U7.:E'- !IlC!1'i.S i.}1L �:'O<lI�C� sl�all SUi)] l'.C�: C_'�'1C�1 r7E-�i��. 1Cc11'1'� 1'Ci?'' ci C(T'"Llf1Ci�'�� Of �'Ulili)C'.'�l?il::�J �O �lll �:;c1TlllildL"'1011 ��:U �''i:t�C1'I!1J.I1('. �lf1C' i:II��:T' �i:}1(: c��il.`.�.1Crltl�: 11dS 'SU��1'1C1�?11r �kno��ed�,e � E:;PL2��:13C � G}<1�.� � �1.I��1J1111� ��ncl C}:��GT�1PIlC(' �i:0 nroper�..,� carry on the private business of evalu�ting d��rellings des- ,cr�.bed in S�ction 1�9 . 02 f.or co;npli.�nce wi_th �lhe Le��.slati.ve Code app].icable to said dweli ings , and sha].l issue to each appiica:�� •�ho s��t�siac�to�il.y passes such examination tne desired Cer�tifica��e of Comp��tency u.�on the paymen�t of tt�e f�c� h�res.naCter nrov�ded , �nd S�?cl�.l LSSUC �t:'.iIE�N�.�iS 01' Z11. SL1C�1 CE.'T'1:1�'J.CdtP_S from yC'c.T` t0 ye�:r' c?S her�:i�-,�ft:.�-:� pr:?•.�idcd , upon �aymen�l� o{ t�le rcquired fees there?:or. ;�.�bject to :� .�ragram dF�;�2'OV�G by re;olu��ien by the City Council , the !jC�:'v 11=:`y' :�''<:jLll:�•'. c�ll �.1C�I1SC'� evalu�l�t:or'S �O IP,?C�t Con�linui.ng 'L'CjUCd�=- :"'�_'C�U:.i'E:f(iC'II'::�i c1S c'S�dri�_.LS�'1C_G� 111 ti;l:LC� 1.`T'�if�l'�?Tfl. i i.11.�.U?'C•'. �O CO(ilpl j �•11i.1 t'r�` requi�ernents �sta�lished therci.n ..�ili i�e surficient cause for �L i�,e sus^en;ion or r•evoc�-!�ion of an ev�:�.ur�tor' s ].icen�e . In case an; ��E�:'�].i1Cc�'�E: Oi �0;71;�e�(:ency 5r1c,1]_1 Zd�?St' �.OT� cl �?eriod of 0112 YE'.c3I UI' fR<- ti�en it �hall be ;�ecessary for the per�son c•�ho l��ld such Cert;.`ieate lc> pass �� ne:�J e::a;nination by the Exami.nin�? F�oard b�iore rece�.ving a ren�ta�l of such Ccr��ti.t�ica�te . 1'l��e boai.•cl rn�.ly su:_pencl or rev�kc t:he Cei tificate of Competency of a �truth in housiri�; evalua�lor for ca��se zfter a hear�in� hf�ld the .reon , and may , in its �li.scretion , s�:sp�r.d the Cert�.fic��te oi COIII��P_�C�1iCy ol� �� 'Lrufih in hc�usin� �v�J.ua'Co:^ pend�-i' - � suc:h hear�zn�. In all. cases such hearir�g shaJ.l take place wi'�hin a reasonab.le time �fter any board ac�t�ion to suspend or. revoke . �n`l eva.l.uator a��;rieved by a Dc�cision of tl�e board may aPpeal suc}� Decis -. to the City Council within 'ten days ot the evalua�lor' s receipt or i�lotice oz board action to suspen.d or revoke , by submitting to the City Clerk a �oritten notice of appeal . Such appeal shall be heard by the City Co��ncil basecl upon the� recard of the board and upon any t•�ritten submissions made by the aggricved evaluato .r. l�� . OQ . /lpplications for certificates ; examination fees . Fach person desiring a c�r�tificate of competency such as herein provided shall file with �the examining board at leas-t thi^ee days prior to the da�e of examination , an application to �take the requir•ed examination and pay the non-refundable sum of S25 as an examinafiion fee. Such • applicatio» si;all contain information relative �to name , address , �place of. employment , time and place o.f schools attended 'and stuc�ies , ;,� comoleted , together with a chronologa.cal �r. ecord of candidatc ` s em- `=� '� �° � ployment , �•rith complete inform�zta.on r. elative fio duties and type of � c.,ork per�orraed. This applica�tion shall �be deemed public and availab�.. �to any person Lipon request , and ii 'cop�e� thereci' a .re requested , upo'�. � �the payrnen�t of a reasonable fee thcre.for. . �Code ' �.955 , as amended , 54A. a0) . • � � l.2/II�. � . . • ' 13�. 0.9 .' Ir�Surance . TJo Cer±ificate ' of Compe�lency shall be issucd or re-• newed wi-rhou�� satisfactory proof of insuranc� insuring tne applicant in the sum of a�t least T:�o Hundreci ana I'ifty '!'ho��sand l�o].�ars aggre�ate per ev�luation agair.st : (a) liability imposed t�y law on account o� dama��s � or destruction• of propeity; ar.d (i�) agains� any l.iability �i:nposed by law on accoun� o{ damages or destru..^_�ior� oi n .rope:ty or bodi'y in j ury or dea'L'rl of one .or more persons i.n arly or�e �ccid�l�t , dt:e �,c errors or omissions or the negligence in the iri- spection or comp?etion ol the Trufih in i-(ousing Disclosure Repert c�e- =inec� in S�etion 189 . 01 , and such applicant ' s or evaluator ' s i.n-- s�.ir�ance sh�ll �emair, a.n .foi ce conti.nuot.isl.y ��h�re3ffiei, �znd no Cer�ti-• Fica�te cf Cornpeten�,� s1-la.11 he deern��d to L� in effect duz,ir�� Uny .��2�10Ci Gf �: P,l(_' '.,�'ilP_:l SIaC:;; 1T1SUY.'�=tl'1C:�_ �1J1C� �?T`OOf t}iC?:��0� r3T'C f1Gt c?ZSO 1I: :?:iC'Ci: . i'ilC' �:1 �_y� .;�icll�. il�' 1IlC)_l.!CIG:i _:S il ilc11i1��I liiSUt^��`Cj O!1 �11�= 1J1— SUr'�311C° T'EC'�i,1��C,1 }lE�'Cl.lilCjc?T' 'u� i.;l(_' e;.penS2 OS .rtle? eVd�Uc:tCl. 139 . 1G . :'ee for certir:.cates and r�neca<.i,l.� . ThF }ZOlder of �� C�:ri:if�.cat� of Co;npetency ,na:i1 , uj>o:�� payment of. a reriewal fee o.f S5O annu��l].y , have said cert�.fic�te r�enewed for the CllSlll�ri� year. �1 hoJ_der of a ce.�tific��te shal? no�� allow said certificate to bn used by ancth�r person. (Code 1950 , �:s am��nded , S<<,�. 1.00) . - :1.E;� . I.:l. . C�. l; erni;l��y��es no�� t�� b�� r_c�1�C.i. f.'i.c-:<] . i�t� c�n��.lc-��;r�, o.f �hc� .;:il�,, .i.i C.'�1U1[)�.C_' �U i`:tC�'i_�vC`. �.', CC'.I`ll� ].C.�3 �:C'. c�(� cornpc�t'ency . �COC�C .L�.):�f) � r.!S �.r;��nde� , 54A. 1.'�0 ) . �!�� . �Z . 1Z�:;OT`�� I 1.1.1:1b z;lu I l�i11g 'P_E'.S . FdCtl t2"'U��}l iT1 }'IOUSlfI? @Vd�llc:'1:0i' shall pzepare a D�sciosure Peport which shGll set i��.�th any ma_�or St1UC'LU:'dl dc.fCC'� ^vl' �;nmedial�, ha:�?i�C1S �:O �lE_'c��.'��l �iT1Cj Sc?iet','. 1J1C' Repo.�� sha?1 be eitner typewri�tten �r le�ibly prin-l-ed in i��k . ly�;;'rii,� te;c (10 ) days after �he evaluation or re-evaluaticn inspecticr. has bceri made , the evaJ.uator shall subrnit to ��he sel.l�r i:he �ri�in��l -co�y of the i:epor�t , arid an exact duplic�ite to i:he Seci et�.�ry-'.('r�ast:rcr o� ' �the ?';x:amining F3oard within the same time period . Ir� the Fven�t the _ evaluation is o.f a r_ondominium unit , a copy of �lh� repoi�t �ha,.l ��so be subrnitted to the Condominium Assacia�l'ion wi�t-}�in the tei� ( 10 ) e��y time period nPntioned abQVe . A .�iling fce of Te_n Dollars ($10 . 00 ) madc payab]_e to the City of St . Paul shaJ.l be t•GCill].t,ec-1 with each e�.�4lua�tion report so submitted to the Secre�tary-T'r��surer of the Examina.n�; Board . Any evalua�toi, who fails to submit tl:e disclos�s�-e report within 10 days ef the evaluation clate � .r �f:he re-ev�).ua��zon da�te i.n the event of a re-eval�.iation , shall be assr:ssed �i late penal��y f. ee of S10 . U� . I�� acidifiion to the above PenaJ.ty fee anc] any c�l'her penalties Provided in this Chapter , the f��ilurc �:� pay the rec��:?.r�d f�.:�i��c� fc�s ox� t��e f��ilure to -�irncl.}% file any di;�c:los�re rc.�por'� sh��ll be Sltffic�.en�: c�.use �or the Exarr.inin�; BoGrd to suspend and/or i'f:VO)C2 ��;�e Certifica�re of Con;petency or a Truth in Fiousa.nF; EV31Uc?'i:OL�. �'ru�h �.n Hou�inJ rvalu��ors may char�;e a reason�zbJ.e fer:. oi the property owner or prospcctive selier For services hereunder. I�9 . 1.3 .. F�c11�lll,e �Lo c:ornp:l.y . Thc: fa i1.ti .re o.0 �Zny ownei o�� a��n�t of an o��ncr to cor�ply o�ith the ��cvisions of �this chapter sha13. be a ��iisciei:ieGnor. (Code i956 , as �-:m�nded , 54A. 130? . 139. i4 . Rev�.e.•�. Ai°*er 1:he program has been in operati.on �for fi�•:o yea:s , • the council of the ci�ry of Saint P�-�ul may review i.ts oper�.tiar. , er"fec��- iveness , ancl act thereon as deemed appr'opriate . `� � � � . ; ��Ord . 16506 , Feb. 15 , 1979 , effective d�te' May 25 , 1979 . . , : , I �`�" �,y,? �:�-. •.�_l E /j � �l � .�* .. 1 . „ 1� ----------------------------- . " j'i �v ;,� , ��/��. t.J 2 In' F'� . � � �. ` .��' `c '' ' . �- 3 In the llutter o: the Ap�ea ]. of Richard [�larwick fron� 4 the Preliminary Findings and -.�etermination of the 5 Tr �:th- in-HcusinC F3o3rd , c'. atec April 20 , 19�8 . 6 ----------------------------- I � 8 Hearin� taken before Holly J. L•7ordahl , a { 9 r:otary Public in and for th� County of Dakota , Stat� l 10 . of Minnesota , on Tnursday , the 9th of June , 1988 , at 11 Ra�nsey County Courthouse in the City of �t . Paul , � � ..; 12 :•Iinneso*a , commencing �t approximately 4 : 00 o ' clock � 1 � p . m . • 14 i . i 5 * * i` 16 lUl j��]5 ��1n�� 1 7 `� 18 ' 19 20 2i L.2 ��1•�� L � �4 SEP 0 '1198g � 5 . CITY CLERK LC1GT�.N << ;,TYF.B IC KI ( �� J 2 ! ?. 91 - 1 095 c � • 1' INDEX 2 E}:A:�IIrIATIOIJ PAGE 3 STEVEN ROY 4 By f1r . iicCorm ick 10 40 5 By Mr . Warwick 26 � 6 1 7 RICHAP.D ti�dAFWICI� 1 � 8 By I•1r . 6varwick 41 r ( 9 By Mr . Beedie 44 i 10 � Sy Air . r4cCormick 52 11 By I�1r . Eradford 53 � ..: 12 By I•9r . Reistad 55 ( 13 I � 14 EXHIBITS PAGE � -------- 15 1 - Section 5 , Final Disciplinary Hearing 3 � 16 2 - CodF of Ethics for Truth-In-Sale 17 of Housing Evaluators 3 fll ' 1 £? 3 - Preliminary Findings of the Board � and P.eferencec Exhibits 3 19 ' 4 - Steven P.oy ' s original letter of 20 allegations , exhibit to Preliminary Findings 3 21 5 - Response of Evaluator 3 22 2 ? . 24 � 25 , . � � LOGAI�I & STYRBICKI ( C, 12 ) 2 �1 -] 095 C 1 - ].' ��??P�.�F:R:1 C i;� : � iI;F' TF.IJ��i-.T.11-ST.Lr. GF �:�USIPIG BOARD: 3 Ct:RI 5T T NE SALAP�lEI1 4 TIi10THY MARDELL 5 I:OBF.RT REISTAD 6 JAt1ES Hl+P.T , r�ssistant City Attorney a:ic; 7 Attorney for the Board , 8 THO2?AS DELANEY 9 GERALD BEEDLE 10 • �TEVEN ROY, City Staff Person for the Board , 11 JA1•lES BRADFOP.D � � ...! 1 2 � 1 � JOH*1 I�1cCGRI�4ICK, FSQUIR� , Ci ty At torney ' s 14 OfficP , 647 City Hall and Courthouse , St . Paul , 15 :linnesota 55102 , a�peared represer.ting the City of 16 St . Paul . 17 1 � � * * 1G ��i;aEP.EL'PON , the following p:oceedings were duly had : 20 * * * 21 22 ( Y7ht: reupon Deposition Exhibits 1 -5 23 mar };ed for identification . � 2� - 2 � LOGAc1 & S�Y?EICI�I fC � ? 1 2. �?1 - ] 0�5 -� , ' �� !�'..�' � ' - 2' :IK , DrLATI?�Y : I t�-� ink we ' 11 st � rt with 2 the roll call , and if you wish we could start with 3 you , f.r . t°:urwici; , an� qo around th� table sc tr�e � 4 court reporter can get all the names . 5 ^1P. . W�iRWICK: "1y name is Dick �dar�rick . �j 6 I live at 306 South Exchange Street , �t . Paul . � 7 I�1S . SALl.11E*I : Christine Salamen , r�ember 3 of the Board . � 9 MR . 1�SARDELL : Timothy ASardell , °oard � 10 • mtmber . � 11 _ , '•1R . REISTAD: P.obert keistad , Bcard , 1 .. 12 member . � 13 :IP. . i:i,�,RT : James Hart , assistant city 14 attarney and attorney for the Board . 1 � 15 i�1R . 'I'HOI••IAa DFLAI7EY: Tom D� laney, Board 16 me�^ber . 17 NIR . BEEllLE : Jerry Beedle , Board memb�r . � 18 MR. A4cCORMICK: John McCorr.! ick , 19 Assistant City Attorr.E�y represer.ting the supervisor 20 in tY► is case . 21 ""F. RO`� : :tev �n F.oy , invironmental 22 Health Program "�Ianager , supervisor of the 2 � ir �:th- in-�iousing pragrsm . 24 �,4R. DELA�IEY : �hank you . The f i rst 25 orc:t�r of busir.ess is the rear. ing of the char� es , if I � LOG�I1 S: STYRL ICKI ! ,, i �� 1 � ci � _ � ��c� � � � � � � 1' un�, erstanu� . 2 1fP. . HART : The prelimin� ry decisior. . 3 MR . McCORMICK : If I may audress the 4 board for a second . 5 IZR. DELANEY: Sure . 6 MR . h1cCUDi, I�K: I recer,nize that tre 7 procedures established at the first step is to read �3 into t:ize record the preliminary fir.dings of this '. 3 baurd , but if Mr . Y�arwick has no objection , I ' m goirg �, 10 � to i�e� offerirg that as an ?xhibit and perhaps lie ' � 11 waive the reading of that three-page letter into th�- , "� " n�� 12 record . � 13 �iP. [9AP.t°1ICK: That would be fine with 14 me to move natters along . 15 i�iR. PicCOP.��IICF:: If I ma}� address tt�e 16 board and make a short opening stater�ent . 17 I have talk:�d to .•�r . 6Var �ick prior to this i � 18 hearing , actual. ly a few minutes before this hearing . 19 I have shc�wn him five exhibits t?�at the supervisor 20 woulc� be off. ering in this particular '�earing . The 21 exhiUits are a ]_ 1 in packets in front of the �oard 22 members . The first exY� ibit has been marked Staff 23 Exhibit t�a . 1 . The officiul copy has been rnarl:ec . 24 It should start with page 12 and it talks about 25 Section 5 , Final Disciplinary `riearing . That has been i LUGAII & STYRL' ICICI I ,,: l ? � > ; � _in�a , U ' � , � 1 mark��i StGff F;x�� ibit 1 . You muy wis?-i to riark your 2 co�,� i �s bccause t'-:ert wi. 11 be referPr.ces to these 3 exnibits . I3asic� lly that is dn exhibit of rules 4 taker. out of the truth- in-housing evaluator quote 5 t'�� t talks :�bout the procedures in this final 6 c7isciplinary hearing as guidelines for the Board . 7 Staff Exhibit i1o . 2 is entitled , on the top , 8 Coc?e of Ethics for Truth- In-Sale of Housing 9 Evaluators . In that small package are t�� Code of 10 ' Ethics that are ref�renced in this Board ' s 11 prel� �ninary findings anc *he pages two and three are �:��'v 12 a rule violation . You might as well mark the rule � 13 because you don ' t have it in your prelir� inary 14 findings and I will be making a reference to it . I � It ' s Article 15 , �ection 2 , Paragraph A. It ' s or. the 16 bottom of that second page . And tt�e last sentence of 17 tnat paragraph , which is on the third page reads : " The 1 � ev �:luator shal. l be required in thE informal notice to 19 send a respor.se to the supervisor . " 20 The third exhibit , Staff Exhibit No . 3 , is 21 t}�� e prEliminary findings of the Board and reftrenc�cl 22 exribits . Actually, I think it says preliminary 23 fir:�? inys of the �oard . Ttiis is the findings of the 24 Board from aur last meeting . This is the matter or 25 thE e�hibit that ^1r . t�larwick has w.� ivF�d readinq into LOGF�N & �TYRE ICKI ( .-. , -, 1 � �' � -1 r� � l � �'��-- ��.,��, , ', I' tr� recor. �3 . I ' d ve offFring thot now as 3taff I I 2 Exhibit 3 . 3 :.'.taff Ekhibit � is t7ie larg�r p�cket of � 4 mat �rials . This is the sup�rvisor ' s original list of � 5 accus� tions or original r�roposed findings . 'rhis :�as � 6 been ir.corporated into Staff Exhibit 3 . This was i 7 refer �nced in your preliminary fir.dings and is � 8 b� sically a pack�t of the charges that Steve Roy sent ! ° to Richard r�'arwick before our original hearing on � 10 , this matter . The only thing I would like to point 11 out about this exhibit is that there is the cocer � _.. _ � 12 letter of , I think , about four pages . And then � 13 attGched to that with a paper clip are sheets that ' 14 are numbered . t�lhat those numbers ure are paragraph f � � 15 ref �rences . Let me give you an example . In this 16 letter , r?r . P.oy broke things down into paragraphs . 17 Numb�r or.e is talking about a copy of a receipt given � 18 to you ti•:hen he became certified and so on and so 19 forth . If you look in the attached packet , you ' ll 20 see there ' s one circled up in the right-hand corner 21 anc tt:at ' s what he ' s referring to in that paragraph . ' 22 It �oes on from there . Some of these items , by tre ; 23 a:ay , do not �ave number ed exhibi ts or nu��i�ered 24 refEr �r,ce � reas . For example , eight is an EXaITij�l ? . � 25 :':nat ' s just a st� temE�nt . There is no exhibit th::� t ' s ' � LOGT,": & :TYRi3ICKI ( h ] � ) ' 91 -1 �95 � ' , l� � ttach?d f�r that . 1'en , for exam��le , is just a 2 st �: �em�nt . But that ' s how this is set up and these 3 �.,�i 11 be_ referrE��'. �o in the presentation . 4 and the l�st e�:hibit is Staff Exhibit No . 5 , 5 whi ch is T:r . L7arwick ' s appeal of the preliminary 6 findings . Accor� ing to the rules , he must be � 7 specific and he does go through and set forth his � , 8 obj ��ctions to the preliminary findings of �his Boarc? ' g and tr:at ' s what brought us here *oday . ; 10 , T'�at is all . I expect that Mr . YJarwick � 11 wants to maY,e a sr�ort opening at this time , but that � 12 is my openir.g . It ' s just a matter of getting these 4 13 E�hibits b�fore you . I have one witness and tnat ' s 14 Steve Roy . So I don ' t know how you wish to procee� � , 15 at this time . 16 t�zR . DELAP3EY: V1i 11 A]r . F.oy be ooing 17 threugh the charges� i I 18 �IR . t•1cCORMICK: Yes . ,ael l , it wi 11 be 19 referenced and then I ' ll have a short closing and 2U I ' 1 ' go through the charges . 21 N1R. DELANEY : P1r . ��darwick will have an 22 opportunity to s�eak noa� or he may s��eak later , as I 23 underst �nd . rir . ��iar ��ick , what is your pleasure? 2� "�i1' . �7AF'.VJICK: I ' d jus± like to say th� t , ` 25 boy , this is a lot of paper . ' I wish I knew each of LOG�.;.J & STYRBICKI ( G121 2 �1 - 10�5 � ` 1 , you � s mu�h as you };no4: �f ine . As I t ell so�� F� of r�}� 2 clier.t_ s , this is a situatian in which yeu ' re going tc 3 lFarr. more than you never wanted to know . : can only 4 say that I apclogize to the Board for causing this to 5 a: t to wY;ere it is �oday . And with tnat , :1r . 6 l;cCormick , if you ' d like to go on with your evidence , � 7 that would be fine with me . 8 tIR. McCOP.PIICK : I indicated this to Mr . 9 ;��arwick as well , that we originally intended to call ` 10 1<ate P�.rry, who is the complainant 4�ho originally � 11 brought this matter to t•ir . Roy ' s attention , and she ! 12 was c.oing ±o attend today ' s hearing . She ' s in her � 13 firs * triMGster of a pregnancy and "nas had a rough 14 time of it and went to a specialist today. She ' s { 1 � miss �� work for the last week and she ' s been informect 16 she must stay in bed und she can ' t appear in this 17 he�ring . So since this is an administrative hearing , � 18 I will be presenting her letters . They ' ve already 19 beer. offered �s exhibits , and I assume accepted by 20 this Board , dnd I ' d be offering her letters , which 2 ? �•�ould basically be wtlat she would testify to *oday . 2 � vdith that , my first witness �vould be Steve Roy, my 2 � or: ly witness . 24 i°iR . H�RT : P�Ir . P.oy, do you �,rant to be 25 swcrn? � LOGi1IJ & S'�'YR3ICP:I ( Fzl2 ) 2. 91 -10 °5 ; � �' t '?� ' '�� .� -, ��, .�� ` �, s�rr�.TEid ROY, 2 after having been first duly sworn , 3 deposes and says under cath as follows : 4 5 EXA."� I1�AT I ON 6 ; 7 B Y P�1 R. I�1 c C O P.I�i I C IC: i � Q. r1r . Roy, you ' re the Environmental Health � 9 Program supervisor , are you not? 10 A . That ' s correct . 11 Q . And are part of your duties being the _�i 12 supervisor of the Truth- in-�ale of Housing program? � 13 A. Y�s . 14 Q . And what are those duties , sir ? I f 15 A. Essentially I develop the tests that are 16 given twice a year for people who are interested in 17 becoming evaluators . I receive all of the i i i 18 �valu�� tions th� t are s�nt into the city to m�ke sure 19 that thc funds are distributed into the city coffers . 20 I inv�stigate all complaints , develop a form , develop 21 a gui�'eline and any other duties that are necessary 22 to make the program function . 23 Q. No�•r , any correspondence sent to 24 Truth- ir,-Housing evaluators , would it be under your � 25 name? �� LUG.�r; & STYRB IC K? � F121 291 - ] �� ' 1 '� . That ' s correct . i " 2 Q . ;�;nd I ' d assume , us you ' ve indicated , that 3 woulc involve testing procedures or annual ren��wGl ef 4 licenses or questions , complaints regarding a 5 specific iruth- in-Housing evaluation ; is that correct ? I i 6 A. ��hat ' s correct . I 7 �,�. I:ow, how lor.q have you beer_ associated with � 8 this ��rogram? � 9 A. Since 1930 . � 10 Q. ��nd v�ould you just tell the Board generally 11 tne procedures that you follow, ar.d I assume were � 12 followea in this case -- if they wpre not , please � 13 point them out as you testify -- but the procedures 14 that ;�ou genera � ly follow wher. you get a c:omplair. t � 15 fram a homeowner about a Truth- in-Housing evaluation? 16 A . Yes . If I receive a complaint on the phone , 17 I will request that they send a written complaint 18 cutlir. ing th� specifics of their concerns a3dressec: 19 to my attention . I then , when I receive the written 2G complaint , prepare a cover letter to thE evaluutc� 21 inaie:� ting that they should contact the ecmplainant 22 and send �e a response within ten days regarding the 23 compl �� int . '^h� ir side_ of the story, esser.tially . I 24 also s�nd � letter to the p�rson �aho complained ! 25 ``in� ic��ting that I v� ill be investigatina it for � � LOG?liJ & 5'iYFBICKI ( F�1. 2 � 291 - 1095 � i � ; 1 licensing purposes an6 not to settlE• any mor.etary 2 claims that may be involved , or if they have any 3 monetary claims . A copy also , or notices , are sent 4 to tne insurance company advising them of the fact 5 that �•:e have received a cor�pl� int and that we are not � 6 obligated to ir.form them that , but we ' rE doing this , 7 os a courtesy to them . 8 Q. Excuse me , Alr . Roy . This initial letter to 9 the evaluator asking him to senci a response to ths 10 Board rr,garding this comglaint , did you send one in I 11 this cas� with i4r . ;�Jarwick and the ccmplainant , Kate ! 12 Parry? 4 13 A . Yes , I dia . 14 � Q . Did you ever get a response from tir . ��larwick? 15 A. I never got a written response , no . 16 Q. . How many complaints have you investigated in 17 your years with this program� 18 A. Over 130 . 19 Q. 1;ave you ever had a situation before w:�ere 20 an evalua ±cr has not responded to your request for 21 information� 22 A. No.. 23 Q . Let ' s assume that in this case in following 24 with your proc�dure thut you did get a respanse from � � 2 � the �.� alu�- tor , what would be your next step? � LOG?�I1 �: . ST1'F.B ICKI ! 6 ] '? ) `� �l -l ��? 5 , l. A . I ��oulc? thF_n cor.t:ct the �erson 4JY10 2 cemplz_ ined to �nake an uppointr�ent to ir.vestigate tne 3 property �^�yself and make a juciqli'�er.t thtn on whetner 4 there was sufficient cause to warrant � isciplinary 5 actior� . 6 Q . And if you have some suggestions you go 7 befort� this Board? 8 A . If I determine that I thought thFre was 9 sufficient c�use to warrant disciplinary action , I ; 10 would gQ nefore the Board , yes . . i 11 �. Now referring you to Staff Exhibit No . 4 , '1 12 anc, I ' m looking at tne bottom of the first page anci � 13 the top of the secanC page , 7A-F of tnat exhibit . 14 A . I have it . I' 1 5 Q. You ' vE� indicated you already ser.t an initial 16 request to Mr . "vJarwick for information ; is that 17 co� rect? 18 � . That ' s correct . 19 Q. You did so in this particular c�� se regarding 20 2077 6��ellesley A�� enue? � 1 A. Tnat ' s correct . 22 Q . �:nd after you dia not receive a response , 23 are tt�F� steps that are set forth in 7A-F tr�e steps 24 that you followec�? � ; 25 A. YES , they are . i LOG�iN F: �TYRB IC KI ( �>]. 2 } 2 ��1 - 1 095 , �� '-s'�. . ; , l� � Co�lc? you just summarize �;hat those steps 2 w� re «r.d with what rnsults? 3 P. . Lssentially I made several contacts witY� I9r . 4 ;?arwick regarding the fact that he had not sent me a � • 5 written iesponse and informed him I needed a written � 6 respcnse to pursue the complaint further . P.t various � 7 tines ne told me that the response will be sent the l . 8 next day , that it had already been sent and that � 9 � inally t"r.at he had spoken to an attorriey who advised � lU , him not to ser.d anything . But that he , in fact , at i 11 one time he said h� had talked to an attorney and � 12 tol�' hir� nct to send one but he would snnd one anyhow � 1 3 and hE: never did . 1� 2 . Y�04J, under 7C , he indicated he had a 1 15 personal problem �:ith his secretary and that is why 16 you h�d not received his response ; is that correct? 17 A. That ' s correct . i I 1 �3 Q . �'1nc's under 7E he indicated he hac already 19 mailed a response and that you vaould receive it 2U either today cr tomorrow ; is that cori- ect� 21 ?�. That was correct . 22 Q. Did he ever inform you at tl� is time that he 23 Gidn ' t t2-, ink he was obligated to send a response to 24 you? ' 25 .� . Ido . LUGAN � STYRBICA:I ( �• 1 ?_ 1 2c,1 —ln ? 5 . ' . 1� Q . DiG he ev � r question your authcrity or 2 wonder if you actually represented the Board in this 3 natter ? 4 A. No . 5 Q . From your viewpoint , do you think that you 6 were cl �ar of what the purpose of your phone contacts � 7 were to tr. is individual? 8 A . I made it very clear that the program 9 depended on a response and I almost begged him to 10 , send a response so that we could process the 1 � complaint . , �.. . _i 12 u . Ultimately didn ' t you follow up �hese phor�e � 13 conversations with a letter that is also referred in 14 Staff Exhibit 4, Paragraph rlo . 6 , and I guess I ' ll � 15 refer you to the actual exhibits in that packet . 16 This is marked with a 6 on the upper right-hand 17 correr and it ' s dated Uctober 30, 1987 . ' 18 R. Yes , I did send that letter . 19 �. Could you read that paragraph to the Board , 20 �1Fdse? 21 A. ;;ure . " I recently met with Jor�n P9cCormicY. , 22 assistant city attorney, to discuss your 23 ur_�•�illingness to senc? a arritter. res�onse regarding 24 the complsint �_�bout your evaluatian of 2077 �9tllesley 25 Street . He �dvised me that you are obl. igated to LOG�N b: STYR13 IC I1I f �� 1 2 ) ?. ? ] - � OQ5 �� _^ r,�. ' , , 1 respon� to a requtst from the Board . I � rr. �=_nclosing � a copy of the " Code �f Ethics " you signed or. 3 September 11. , 19E1 . As you can see , item, "o " clearly Y requires ycu to respond to r�qu� sts from the Board . 5 Further , your refus�l to respond may result in the I �; 6 susper.sion or revoc� tion of your certificate . I a:a I 7 once again r�questing that you send mE a written I 8 response to the complaint regarding your evaluation � 9 of 2077 '�' = 1lesley Street . " , 10 , Q. After being told in this letter that he i 11 could lose his ]_ icense for failure to provide a ...� 12 written response , did he in fact provide one? + 13 A. .�o . � � 14 Q. AftPr not rer_eiving a response , which would � 15 be one of your initial steps in the investigation , 16 wh� t � id you do next in this case? 17 A. I made an appointment with riiss Parry to i lts investigate the conditions at the house . lc Q. And c� id you take somE slides during thE 2C course of that investigation? 21 A. Yes , I d id . 22 �? • �:dould you show the Boar� those slides now 23 � nd in� icate H�hat they represent ? 24 _'� . Yes . Th� first slide is a slide of the 25 �xterior of the front of the house at 2U77 ti•7ellesley � LOGAI� & STYRB IC KI ! �� ] 2 1 ?. yl -1095 t ' . , 1� r�venue indicating the preperty that was 'being 2 inv �stigatec? . ThE initial complaint regardec the 3 elec �rical s•�rvice , and this slide is a slide af the 4 main service panel for the house . It was a hundred S amp s��rvice . FIow�ver , there was nowhere on the panel 6 a mair. shut off to disconnect the service . A code 7 will allow if you can do it with six hand motions or 8 less without a main shut off . But in tY�is case there 9 �:ere s�veral. series of circuit breakers that would 1Q take more than six hand motions . Therefore the house 11 did require a main shut off . There was a small box 12 t.o the right-hand side of the panel . That was the � 13 main circuit breakFrs were located in there , but the 14 only way �to disconnect that would be to open it up 15 G,zd expose yourself to live terminals to shut it off 16 or use some kind_ of instrument or fuse puller to shut 17 it off , a�hich would not be an improved method . 18 There was also a subhandle located in the 19 stairti•ray wall leading to the basenent . This is off 20 of the ;� itchen area , and normally when a hundred amp 21 panel is installed , there is an old panel such as 22 this which would probably have meant 30 amp electric 23 service when it was originally built . These would be 24 pulled out , the circuit bloc�;s , and the fus�s or t}�e ' 2. 5 main r��nel ��auld backfeed to �his so �hat you h.:a one LUGAN & STYRB IC KI � h121 � 91 -] C� QS � � . 1' central location for tr,e main service rather th� n 2 splitting it up like tY� is . I did observe an open 3 jur.ction box in one of the westside rooms , and you 4 can see there were exposed wires sticking out of the 5 box . i , 6 I also observed there were lights located in 7 closets that didn ' t have proper clearances from 8 cembustibles an� breakage in the closet areas . There 9 was also some eYposed komex unprotected running up I 10 _ the stairway door , and you can see the light fixture 11 to the left . �i'his is just another closet with a � � 12 light fixture located above the shelving drea less � 13 than 18 incnes away from it . In the attic there was 14 a ventilating fan located at the end of the attic � 15 area . It was not properly wired in , had open wires 16 feeding into the outlet box , and there was no cover 17 for the outlet box . A closer view you can see the 18 wires were not properly connected where they went 19 into that outlet box . 20 I also observed some plumbing conditions 21 that �•rere not up to code at the time that I mac3e my 22 investigation . These were not in the original 23 complaint , but in walking through th� basemer.t , I 24 observed them . This would be Gn ur.approved 25 connection of a plumbing system to a main circl� so�il LUGAi: & STYRBICKI � �, 121 ? �`1 -? � �! �> ' , , l� stac}: . It ' s ��hut w.e kould c�ll �. sadcle clamp system . 2 In other �.�ords , it is not an improvFd Wye conntction 3 at t}��tt point . I also observed that this same brar.ch 4 panel or branch waste pipe had two traps associated 5 with it . One would be a drum trap , which is off to 6 the right . You can see it by the wall . It ' s a large 7 tyoe of a trap that no longer is approved , but was 8 approvE�d for many years . Further down , which is not 9 visible on this , there was also a P-trap . So you 10 were not allowed to double trap a fixture when it 11 ccmes off of a plug fixture nor are you �llowed to � � . 12 '��ve a saddle on a waste pipe at that point . I also � ' 13 oUserved that there was an unapproved type of relief i4 valve for the water heater . This is a pressure i15 relief valve only . It ' s located up in the upper 15 right-hand corner with a pipe coming off and. going 17 down toward the floor . It ' s supposed to be located ' 13 wit.hin the top six inches of the water heater and . 19 it ' s supposed to �e an improved temperature and 20 pressure relief valve . I also observed that there 21 was a black vent pipe , unaPproved . It was net a 22 galvanized or aluminum type of venting connector that 23 came off of tne draft diverter for the water heater . 24 TY�ere ' s a closeup of �hE pressure relief valvc 25 ] ocated , agair. , above the top of the fixture . LOG?��J & STYRBICKI ( 61 'l ) � 91 -1095 �� _ �9J'�- ' . : l� I also -- tnis is sideways -- there ' s an 2 electric�� l �:omex wire running up the outsidF� of the 3 house s�rving an outlet for an air conditioner and 4 this c�ras not protected against physical damage in a 5 conduit . Those are the items I took slides of at the 6 time of my investigation of the house . 7 Q . When was your inspection of this house , do i 8 you remeMber the datE? 9 �1 . I ' ll have to review my notes . I made the 10 inspection December the 29th of 1987 . � ' 11 � . Ar � these slides an accurate portrayal of � _ . � 12 the deficiencies you observed at that timE? I13 �. Yes , they are . t 14 Q. .�nd are these deficiencies also listed ir. � 15 �taff Exr.ibit No . 4 or among those listed in Staff 16 Exhibit L?o . 4 , paragraph 11 ? 17 A. Yes , they are . 18 Q . When was the inspection done of this 19 property? 20 h. That U�as conducted on August 7 , 1985 . 21 Q. Most of these deficiencies or problems you 22 observed looked like they ' d been in place for quite 23 some time? 2 =� ?1 . i'11at ' s correct . , 25 Q. In your opinion , do you believe that the LOGAPJ & STYRB IC KI ( 612 ) 291 -1095 ' , , 1� inspectior: of ��ugust 7 , 19�35 regardir.g this address ' 2 was done in a competent r�anner? 3 A . Id o . 4 Q . r;ave you had contact with Kate Parry, who is 5 the individual who purchased this home? � 6 A . Yes , I have . 7 Q. I rcfer you to Staff Exhibit DTo . 4 again , 8 Item 3 and Item 5 , the actual exhibits . j 9 A. Okay. � 10 0. Are those letters received by you from Kate 11 Parry about this matter ? i12 r'� . Yes , they ar � . � 13 Q . Have you spoken to Kate Parry about the 1. 4 content of these letters? , ' 15 R . YES , I have . 16 �. Iias she basically restated the facts as set 17 for �h in those letters? I, l � A. Yts , she has . 19 S>. Uid she indicate to you what she objected to 20 as far as both the inspection and her context with 21 ;1r . �:��rwick regarding the inspection? 22 A. Yes , shP d id . 23 Q . Csn you just summarize in a short paragrnph 24 her basic premise or her basic complaints? 25 A. E:ss��ntially she ��ras concern�d about the fact LOG11i3 & :�TYF.B ICKI { 612 } 291 -1095 � � l� tha � :�ir . ��;arwick had :niss�d some �lectric� l 2 violations �:hich sr�e felt put the family in �anger 3 based on a report that was given to her by an 4 electrician she had hired to do some work . Then she 5 also was very concerned about what she considered rir . 6 ��arwicY, ' s attitude and treatment of her in trying to � 7 resolve th� complaint . Her opinion was that when he 3 initially dealt 4�ith her it ti�as , yes , I made soale I ; 9 mistakes , w� ' ll settle it and get it resolved , an� 1C that as time went on l�e became less and less willing � 11 to accept responsibility and attempted to plaee the • � - � 12 blame on others anG �void dealing with the cor.cerns { 13 that she had raised or that had been observed . 1 14 Q. Did she in3icate to you whether or not she I 15 felt his conduct was professional and appropriate? 16 A. She thought it a�as inappropriate . � 17 Q . Did she believe that he had done a competent � 13 job of inspect. ing the premises that she and her 19 husband bought ? 20 A. She � id not . 21 � . l;ow , regarding the s�ecific issues before 22 this Boar� , there are specific all �gaticns that ��rere 23 referenced in your letter , Exhibit 4. I refer to 24 numbers 4 , S ar.d 8 of the Code of Ethics ; is t}1at 25 correct ? - LOGAI�T & �`i YRB IC KI ( 61 ?_ ) 7_ ��l - ', � 95 � � 1 A . �hat ' s correct . 2 Q. And there ' s also , not rF� ferenced in your 3 letter , but a rule that deals with this matter ; is 4 tnat correct? 5 A. That ' s correct . u Q. Tnat ' s Article 15 , Paragrapr► 2A ; is that 7 correct? 8 A . That ' s correct . ; 9 Q. Now , does an evaluator get copies of these IO rules and t}-�e Code of Ethics when they become 11 evaluators for the City of St . Paul� 12 A . Yes , they do . � 13 Q. Are they responsible for Y.nowing thc: 14 contents of those documents? 15 A. Yes , they are . 16 Q. In fact , as part of the process , they sign 17 the botto�r� of the Coue of Ethics ; is that correct ? 1 £3 A. That ' s correct . 19 Q. And as part of the exhibits here , I believe 20 we offered a signed copy of the Coce of Ethics signed 21 by t�Ir . 60ar ��ick on September 11 , 1981 ? 22 A . Yes , we have . 23 Q . In your numerous contacts ti�itY► Nr . �Jarwick 24 about his obligations to r �spond to th� Bc� rd as well 25 �s this particular inspection , did he ever express LOG�1N S� STYRB IC f:I ( 612 ) 291 -1 � 95 ' , , L confusion �s to ris obliyation to rESpond? , 2 �,. I�'o . 3 Q. You neard his testimcr.y at tne preliminary 4 hearing in this matter whc�re he indicated th�t he 5 wasn ' t aware that it was required that Y:e respor.d . 6 Is that the first ti:ne you ' ve heard of his confusion , 7 regarding the requirement to respond? �3 A. Yes . 9 Q . Regarding specifically the rules in the Code , 10 of Ethics , and I refer to Item No . 4 , which 11 paraphrases that 1�1r . Warwick did not exercise his ! 12 duties with due care , what is it about these facts � 13 that l�d you to conclude that he had not? 14 A. The physical evidence of the property, the � 15 items that were missed , violatior.s were obvious and 16 anyone who is conducting an evaluation should have 17 beer. able to observe them and identify them as 1S groblems on the report . 19 Q. 4;:�at about the facts lea you to bel ieve that 20 he was not exercising his duties in good faith? 21 �5.. The fact that he , on several occasions , lied 22 to me about what ?�e was doing , �hat he was going to 23 send me reports , that he had already sent reports , 24 that r�e had accused P�,s . Parry -- in her letter she 25 has an indication that he accused her through me that LOGAPI & STYP.B IC Y.I ! 612 ) 291 - 1C�95 �. .�, : � °/,1..`�2.- � , , 1, she nac useci a friEnd , an E�lectrician friend of hers 2 or so:�tone who worked ��;ith her , write her te do the 3 investigatier. and to identify the electrical problens . 4 , Q . Regarding Item i�o . 5 in the Code of Ethics , 5 which again paraphrases the evaluator ' s 6 responsibility tc engage in conduct following deccrum , 7 good faith , professionalism , I guess is how I � paruphrase it , do you believe that Mr . V7arwick acted 9 in a professional manner in this case? ; 1 0 :�. N o . i 11 �� . P.egarding Item L3o . 8 in the Code of Ethics I12 and also Article 15 , Paragraph 2A which refers to �h� ; 13 svalu� tor ' s obligation to respond to the Board 1 14 regardii:g any inquiries or co:nplaints , do you bElievE 1, 15 that he violated those rules and regulations? 16 F.. Yes . 17 � . In your mind was it clEar that he knew from ls your conversations with him that he was obligateci to 19 p�ovide this ciocumentation? 20 A . Yzs , I do , Uecause ne indicated he was going 21 tc send it , had sent it and it ended up being lies . 2� Q . Do you believe it important to this program 23 that evaluators respond when there are complaints? 24 A. The program , yes . It ' s very critical to the 25 progr �m . Essentially the Board and myself , who LUGAN & STYRBICICI ( 61 2 1 2 ��l -1 09� ' , , l� licens� evaluators , we ' re in Pssence indicating to 2 the community th��t thnse p�ople are qualified and th�� 3 only way we Y�ave of saf� ly and properly monitcring 4 the pregram is to have their cooptratior. in 5 investigating complaints that are brought against 6 them . 7 Q. Do you have anything further. you ' d like to 8 ndd? 9 A. No . ' 10 i�1F. I�1cCORMICK: That ' s all we have . � 11 ^�IR. DELANEY : rir . Warwick , you have ar. I12 opportunity at tris time to question Mr . Koy, if you ' 13 wish . � 14 A�R . WARWICK: Thank you , [�ir . Delaney . 15 16 EXAMINATION 17 BY MR. j�'AFWICK : 1G Q . Steve , wr,at I ' d like to do is I ' d like to 19 talk to you briefly about your inspection of the -- 20 re- inspection of the property at 2077 lJellesley . 21 Just a second here . Let me get back to your letter , 22 which vrould be �taff Exhibit tJo . 4 on page 2 -- 23 excuse me , page 3 , Item No . 11 and we ' ll go 1 -15 . 24 You said that the electrical service panel for the 25 heuse lacks a m:.� in shut off and the cover is loos� . LOGAN & S`PYRBICKI ( 612 ) 291 -1095 ' ', , 1, Isn ' *_ it true thut over the phone I mer�tionEd to you 2 th�,t there �ras not a main shut off on tr►e electricul ? par.el prior to your going out to the property? 4 y. That ' s correct . 5 Q. And in terms of a loose cover , what do you 6 mean v:hen you say that? • 7 ,:'i. It was missing screws and it was warped so 8 it �yasn ' t tight fitting . ' 9 Q . tdas it missing one screw , two screws , any lU idea? I ' � l � A . I didn ' t count . I 12 Q. But there ' s probably four on there and it � 13 � was probably missing more than -- 14 A. I don ' t recall . I 15 Q . The old service Jntrance panel on the wall 16 in the stairway to the basemen� , isn ' t it true that 1 ? according to the electrical code currently in 18 existence in the City of St . Paul that you can have 19 more than one service panel in your home? 20 F. Under very certain circumstances . This 21 would not be a typical circumstance for approval . 22 Q. Not bAing an c�lectrical inspector , isr. ' t it 23 true , though , that pravided there is a disconnect on 24 thF= rroperty that you can have panels throughout the !� 25 building without hsving any additional approvals LOGAtI & STYRB ICKI � 'vl ? ' � 9? -1 C�aS � ' �1 necessary other than that the entire insp�.ction is 2 signed off when it ' s cemplet �d? 3 � . If it ' s approved by the �lectrical inspector , 4 yes , it could be . 5 Q . And in my inspection I would not have an i6 iuea as to whether or not tne electrical i:�spector � 7 had indeed signed that off , correct? 8 A. That ' s correct . I ( 9 Q . And in terms of k�eing there , we would have i10 • discov�red that it could be , and �aith all of the 11 service �ntry going into the basement into that main f _ ,�;;, 12 disconnect , panel it would seem , b3sea on observing � 13 that panel , that that additional ganel in the 14 bas�ment stairway would indeed be legal? 15 A. :Jo . 16 Q. No? 17 A . No . l�s Q . Interesting . On No . 3 -- we ' ll just go ! 19 through it all -- there is no electric bonding 20 jumper �or the electrical service ground around the 21 w� ter meter , correct ? 22 � . That ' s carrect . 23 Q. Item No . 4 , there is an open junction box ' 24 wi..th exposed wires in one of the westside basement � 25 storage rcoms' I LOG?�N & STYP.BICKS ( 6 ? 2 ) 291 -1C� �, 5 �'G,'r'',/ 9 J� � � �1 :� . Correct . 2 Q . Is this the bcx , the open junction box in 3 wnich �hat Pemex comes out of ar.d goes uF> alongsidE 4 the ou� side wall and enters back into the c' ining room? � 5 A. That ' s correct . 5 Q . Item LJo . 5 it says there is a section of � 7 unprotected Romex exiting from the baser�ent , � �xtending up the outside of the westside wall i � 9 supplying tY�e dining rocm air conditioning rtceptacle? � 10 . :�. That ' s correct . � 11 Q. Is that a standard 115 volt Flug or is it G ! 12 220 �lug , da you remember? l 13 A. I don ' t recall . � 14 Q . Tl� is also is the same outlet that ' s being I 15 fed by the komex that ' s on the outside of the 16 building? 1 7 ti . Th�: t ' s correct . � � 1� C? . Going onto vo . 6 on the next page , thE , 19 basE:ment toilet cioes not have a properly vented waste � 20 A . That ' s correct . 21 C:' . You didn ' t have a photograph of that 22 particular -- 23 � . It ' s hard to show something that isn ' t there . 24 C: . TY�ere isn ' t a toilet thtre? � 25 �� A . 'I'here ' s no ve� t :here . I can ' t show a i 1 ' LOGA�1 & �TYRB IC r:I ( �� 1 ? 1 2_ 91 -IOSS , � �l picture of no vent . 2 Q . The �tiater heater lacks un approved 3 temperature and ��ressure relief valve? 4 A . ��orrect . 5 �. Do you know how old that water heater is? � 6 A. No , I aon ' t . � 7 Q . ;•�ould it be the case that based on age that ; 8 water heater , according to the current code , would � 9 not be obligate� to have a pressure relief valve? i 10 , A. r+o . That would be required . i 11 Q . AbsolUtely? � .... . � 1 2 A. 1'ns . + 13 Q . By tne current plumbing codes? � 14 A. Yes . � 15 Q. Item No . �3 , therE� is a section of unapproved 16 blac?c vent pipe on the water heater vent connector � 17 A . Tnat was shown on the slide . 18 Q . The vent connector , for Item No . 9 , the vent 19 connector for the water heater is quite long and 20 enters the furnace vent in a Tee rather than a Wy: 21 connection? 22 A. i'hat ' s correct . 23 t� . Dici you know that that Tee was insta]_ led by 24 a he;� ting contractor � 25 �� . No . LOGAN & STYR3ICKI :' F, l. 2 � 29] -1095 , , • ' li Q . And was approved by the city? 2 A. No . 3 Q . T:zere ' s a section of waste pipe improperly 4 tapped into the side of the main soil stack? 5 P.. That ' s correct . 6 �. It also has two traps connected to it , one ; 7 P-trap anc one drum trap? 8 A. Correct . � 9 Q . In my inspection I mentioned that the drum r 1G , trap is currently taped and the leg of the drain � 11 continues and the P-trap is underneath and very � 12 difficult to s�e ; isn ' t that correct? 13 A. �h�y were both -- when you say und�rneath , I � 14 don ' t know wl^,at you ' re talking about , but tY�ey were 1 15 both along the wall in the basement . 16 Q. But the drum trap is very visible and the 17 additional trap is , if I can say , tucked away 1 �3 undern=�ath some framing? 19 A. ^urther down the line . 20 Q . �7hen you say that there ' s a section of wastE 21 pipe imprep�rly tapped into tYie side of the main soil 22 stacY. , you ' re t �lking about a saddle connection? 23 A . That ' s ccrrect . 24 Q . Isn ' t it true that the cast iron stack coulc 25 have n :�1ye conr.ection added to it if it was properly LOGAI7 & S`�YR� IC KI ( 51 2 ) 291 -1 0�5 , � � 1' done� 2 A. Th� t ' s correct . 3 Q. hnd the only thing that we ca:� necessarily 4 visually see from that particular YJye connection is 5 the fact that there is an additional , if you can say , Io collar around the stack , correct? � 7 A. It �ras very obvious it ��as an illegal 8 installatior. , if that ' s your question . It was ; 9 obvious that i` ��as more than a column . It ' s a i 10 configuration . There ' s a U-bolt around it . It slips �, . 1 11 over the outside of the soil stack rather than being � 12 molded as part of it . � 13 Q. Zsn ' t it true that in the additional 14 installation , a hole could be placed in the stack and � 15 you could actually weld that h'ye back or. or make that 16 a Wye by welding? 17 h. I ' ve never seen it done . 18 Q . 3ut isn ' t it true that that ' s a legal 19 connection? 20 A . I Gon ' t know that it is . 21 Q . Then we go on from 11 -15 , therE ' s an 22 ungrounc�ed grounding type of electrical outlet in the 2 � kitchF.n by the base:nent steps? 24 y . �'nat ' s correct . 25 Q. You tested that on�•? I LOGAPJ & STYRBICKI ( (; 12 ) 2 �1 - 1OS5 , � . � 1' A . Yes . 2 Q . Tlze dining room Iacks one electrical ou� let? 3 I�. That ' s correct . 4 Q . And you also said , referring back to Item 5 No . 5 , that there is an outlet or receptacle in th� I 6 �ining room but it currently is improperly connected , l 7 or should I say, that the wiring to that outlet is i � 8 unprotected . So based on PIo . 12 , that could ind�ed 1 ; 9 be an outlet that would meet the current codes , I 10 correct2 � ' 1 11 �. It ' s required to have a double outlet and I � 12 believe that ' s a single . 4 13 Q . I guess the only thing that I can say is 14 that I didn ' t necessarily look at that either . The 15 bathroom has an ungrounded electrical outlet� 16 A . Correct . 17 Q . And you tested that one? 1R P.. I did not test that one . 19 � . So we aren ' t sure whether or not indeed that 2U is an ungrounded outlet ? 21 A . The electrician had it in his rtport , but I 22 di� not test it . 23 ,� . The soutY�east and west bedroom closets both 24 ?zave clos� t lights w�ith expos?a light bulbs , no 25 protecteu gl.obes? L�GAN � STYRBICKI ( h12 ? 291 -1u95 , � � 1' r� . Th� t ' s correct . 2 Q. And tYie west bedroom has two ungrounded 3 grounuin, type of electrical outlets ? 4 A. T?�at ' s cor rect . � 5 Q . �nd you tested those? i6 A. I tested tnose . � 7 Q. That ' s enough on Section 4 . I ' d like to go 8 back to when this issue first came up in and around ` 9 the beginning of September last year . You sent me a � 10 , copy of tr,e complaint letter and I , within ten days , ) 11 scneduled az appointment to go out and take a look at i12 the property. I reviewed the complaint by Kate Parry � 13 and Ray Phillips and I expressed to Kate Parry my 14 findings . Didn ' t I inform you that in an oral � 15 fashion over the phone? 16 A. Yes . 17 Q. At that sam2 time , didn ' t I also inform you �' 1� that Kate Parry was not pleased with that result 19 based on the information she had received from her 20 electrician? 21 A . Yes . 22 Q. Didn ' t I further say tY►at Kate Parry and Ray 23 �'hillips would not be satisfie� without me replacing 24 the entir � electrical service? ! 25 A. I ' m r.ot sure if that was the gist of it , but � LOGAN & STYP.BICKI ( E; 1 2 ) 2. 91 - 1095 �'� - ��.�. ' , . , l� it tti�as scmPthing that you ha� -- if I recall properly, 2 it was that you were agreeing to r �place only the 3 main shu*_ off , but that there were other items that 4 the electrical inspector would require to be done 5 becaus�• of the fact there were other violations and �, 6 that tnay wanted them all corrected . � 7 Q. Isn ' t it true that I mentioned to you that � 8 there were some of tr,e violations that are at the ;� ; 9 builcing that I ,had and could not have any knowledge � 10 of? ', . 11 A. You � id say that . l12 Q. Didn ' t I express concern to you of how to � 13 handle �that ? 14 A. That ' s correct . I 15 ;� . You asked me to send you a letter in 16 response to the complaint , ccrrect? 17 A . That ' s correct . 1 �? Q. i'hat ' s an interesting statement . And from 19 that , since it was my first time in terms of dealing 20 with a com��laint , I went and I talkFd to an attorney. 21 Anci not knowing necessarily what the best way of 22 doing it was , and that there were seme other 23 difficulti �� s involved in this particular situation , Z 24 looked for evc>ry person that could provide me ti� ith 25 some information to be able to settle the compl'� int LOGAN & STYP.BICKI ( h12 ) 2y1 -1095 � , , , 1� : s best as Yossible . I tal. ked with you , Steve , a 2 number of times . I talked with an attorney . I 3 talkeci with the selling real estate agent , the 4 listing real estate agent . I talked with 4laldren � 5 Lowe , who is the city electrical inspector . f talked 6 to the chief electrical inspector . I talked to the � 7 insurance company. I talked to a few friends of mine � � �3 that are inspectors . I did not treat this at all j 9 ligY!tly. But it became a quandry for me and I tnink ! 10 that you in your statement that I e:tpressed no � ' 11 confusion to you , I think is inaccurate . I expressed I 12 a lack of understanding of the system and I expressed � 13 my concern for what to do properly for these clients . 14 They weren ' t the clients that paid me , but they were j 15 people that took the report , and I h3d no interest in 16 doing anything but the right thing . That is , I think , 17 �.rhere I failed badly . Because when I talked with 13 �ialdren Lowe and I �alked to the city inspector , I 19 realized that there was nothing that I could do for 2U these people �hat bought the house , and what I 21 couldn ' t do was provide them a new �lectrical service . 22 F.nd the cit.y inspector would r.ot approve anything 23 except tha � ; isn ' t that true? 24 A. I did not talk to the city inspector , so if 25 that ' s vrhat �;e told you , that may be -true . LOGAN & :,�TYRBICKI ( 61 2 ) 29 .1 -1 UG5 ' �, ,l� Q . So confusion , I think , is mod �rate . �Je 2 tal ):td ubout �rofessionalism . 'vle tal };ed about a lot 3 of ott-�er things , but that was my concern . It left me 4 not knowing necessarily where to go �ased on net 5 be i :�g able to pull open that cover plate . I would 5 just like to say that in this case we talked about 7 the evaluator ' s responsible for all of the � 8 information that ' s in the evaluator ' s packet . I can � 9 appreciate that . i 10 It ' s always an easy thing to say, w�ll , � 11 :nere ' s a large book , cemmit it to memory and come ! 12 bacY, . �ut the thing is is that I asked Steve an3 � 13 I ' ve ask��d evEryone , " How do you handle complaints , 14 what kind of procedure do you go through , what kind j 15 of responsibilities , what kind of legal ramifications 16 do you have? " I�nd each one is somewhat different , 17 which I understand , but still , I ' m not sure that that i 18 is as w�ll aefined as possible . I don ' t know 19 n�cessarily where to go and get that information . I 2U have an attorney who says don ' t admit anything . I 21 '�ave you tnat wan*_s some information . I nave me that 22 f�els somewhat guilty about not providing peoplE the 23 correct ir. formation . And from that you look for a 24 quandry of information , and the mcre you get , 25 sc:r:etimes the more diffic'ult it is to reach th� t , ( � LOGAIJ & STYRB IC KI { E12 ) 291 -1095 ! � 1` decision . 2 You talked about hand ing out the informat ior: 3 and tlie Code of Ethics for the Truth- in-Sale �f 4 riousing evaluators . t�le talked about a number of 5 things , but in this it talks about failure of the �, 6 evaluator to respond to the requests , written or oral , � 7 of the Board shall constitute an infraction of the � 8 Code of Ethics . I signed that on September 11 , 1981 . i ( 9 I did respond to ycu in an oral form . You expressed � 10 to me thdt you wanted something written . I guess I 11 can s«y that I hit half of that one , but not all of � 12 it . � The statements that you made concerning the ( 13 information you know best �bout , Kate Parry, you j 14 mentioned ta me that base� on that bit of information , 15 that I lied to you about sending the letter and I lb lied to you about the information about , I believe it 17 was , F:ate Parry ' s association with the electrician ; 18 is that correct? 19 : . Not totally . The fact that -- Kate Parry 20 Y�ad nothing to do with you lying to me about having 2I sent me letters . The issue about whether she used a 22 Friend or not W3S information that was g.ained from 23 Kate Parry, yes . That was actually a discussion you 2 � had with me on the phone wh.:re you indicuted that you 25 thought that it was a friend of hers where she ��:orked LOGAN & S`t�YRB IC c:I ( : 1 2 1 '' �1 -? ^ �?� , � ' 1 that th�y had hired to do the electzical inspection 2 or the �lectrical work . 3 Q . In all of the discussions that w� ' ve had , �o � 4 you feel that -- I guess that ' s all . In terms of � 5 your written response to me in terms of the I6 evaluation of the property, I guess there ' s orly onE � I7 other thing that I need to ask and that is , did you � ever represent yourself to me as a member of the � 9 Board? Did you ever feel you had to represent to me ; 10 . that you were a nember of this Board? i I 1 1 �; . iv'O . � 12 ^ IyIR. G?AP.GIICK: Thank you . � 13 MR. DELAIJEY: Do you have anything 14 further at this time , r1r . �aarwick? 15 f�1R. WAR�VICK: Well -- 16 t-IR. DELANEY: You ' ll be given another 17 opportunity. Just in the questioning of t�ir . F.oy . 1g �iR. S�JARGVICK: I ' m done . Thank you . 19 MR. DELANEY: Do any of the IIoard 20 members have any questions of A1r . Roy regarding Y►is 21 t�stimony� t•ir . McCormick , do you have any other 22 witnesses? ? 3 h9R. McCORt�? ICK: I just have a couple of 24 questions on redirect of tdr . F:oy . I do not Y�ave any 25 ather � itnessc: s . LOGAN & STYP.BICKI ( � 12 ) 291 -10 ° 5 � • � 1' EYAi•1IrJATION 2 3 LY :�1R . �IcCUR?1ICK: 4 Q . i�:r . hoy, when � Truth- in-Housing evaluator 5 inspects a premise are they to ascPrtain whetner it �� 6 is up to the existing code or are they to speculate I7 that at the time something ��as installed it may have 8 �een up to code at that time? i j 9 F.. That ' s a two-prong part . First , does it � 10 meet the minimum housing maintenance code and a�as it i 11 approved at the time of installation . y 12 Q . Regarding your requests to Nr . Warwiick , � 13 these h=ere for requests in writing ; is that correct ? 1 � � . That ' s correct . � 15 ' Q. P,egarding your written letters to t�1r . 16 ►tiarwick , you signed those letters Steven F.. Roy, 17 supervisor Truth- in-Sale of Housing ; is that correct ? 16 A. That ' s correct . 19 Q. Ar_d you also carbon copied Thomas Delaney , 20 Chairperson , Truth- in-Sale of Housing ; is that 21 correct? 22 A. ��hat ' s correct . � � :•ik. AicCORN1ICK : That ' s all I have . 24 ��IR . DELAN�Y: I guess if there ' s r.o 25 further testimony , that we h�ould allow a final LOGA� & STYRBICKI i6121 2 �31 -1 �� 5 ' , , 1� st � t ��ment from both sid �s if you so aesire . h;: . � 2 4Jarr: ick , ��ould you like to -- or you m�y wisr� to 3 testify . 4 i-IP.. �IAR`i�TI� K: I c�me to testify ana I 5 guess that tnat ' s the best way to do that . I have an 9i � 6 interest in answ��ring any questions from the Board , 7 and also from Steve . i i 8 P1R. DELANEY: Okay. Mr . Hart will � 9 swear you in . 1 1 l7 i 11 RICHARD t'dARY7ICK, ! 12 ^ after having been first duly sworn , � 13 deposes and says under oath as follows : 14 • 15 N1R. DELANEY: Do you want to proceed in 16 whatever manner you think is proper here to give your 17 testimony? 18 1 a EXAAIINATIUII 20 BY I'IR. �JARti-ti� ICY. : 21 I•iF. . UJARVJICK: :'•1r . Chairman , I ' � just 22 like to t �.lk bri �� fly about the Ccde of Fthics . In my 23 letter to you , I tallced about the Code of Ethics and 24 any vio] ations that I have -- I may have made ta 2 � tnose Co�e of Ethics . I guess if it pleases the LOGA?•7 F< J�i YRB IC KI ( 612 ) 291 -1095 � , � �1` �oarc� , I ' d just lil;e to read these again because I � 2 h�ive 4lways considere�� doing inspections and for ; 3 clients to Ue the most important thing . If I ' m wrong � 4 I like to say I ' m wrong , and when I talked with Kate � 5 Parry, I did say that I was wrong . 6 So I gu�rss what I ' d like to do is just kind ; 7 of run through this , and it would be on Section 4 , � 3 and Section 4 talks about the fact that the evaluator ; 9 will execute his duties with due care and in good � 10 faith ana in compliance with the laws and regulations � 11 of the City of St . Paul . I have to say that I have � 12 done� zll of that . I ' ve tried to exercise due care � 13 for the laws and regulations . The fact that you miss 14 things doesn ' t necessarily mean that you are not � 15 acting in good faith . Sometimes your perception 16 maybe somewhat clouded and you see some things that 17 cause you to believe others . Find we all , I think , j 18 have somP of those things that happen to us . In i 19 terms of that , I ��ould just like to state that as a 20 matter of that interest in good faith and due care 21 -- I worked for the City of Minneapolis for ten 22 years and in that entire time , I never participated 23 in the Truth- in-Housing programming . I could have , 24 but I never felt it was appropriate to be a 25 Trutn- in-Housing inspector in thF city ir. which you LOGAN & �'PYRB 1C KI (, 61 2 ) 291 -1 �� ?5 � , � , 2 ar � cmployed . 2 '-1R . DEL�IfEY: 1�1hat kind of work did you 3 do there for i•1ir.nEapolis? 4 �iP.. "v:ARtVICK: I was a construction 5 speci �list with the ilinneapolis Community Development 6 Aa�ncy . I.nd I handled about $ 5 r�illion worth of I 7 remodeling . In the last year I nelped the t�1CD� out i 8 of their public housing �roblems . They were in I I 9 rec� ivership and handled about 65 hundred calls in 10 the 14 months that I was there , inspectior.s over the I 11 phon� because we cidn ' t have the time or the � 12 �ersonnel to handle things ; a complicated job and � � 13 difficult one . Eut I believe in making sure that you 14 �ave that good faith and that due care . � 15 In terms of I�o . 5 where it says that the 16 evaluator will not engage in conduct that in any way 17 is in violation of any law� or ordinance or is ir. lt3 contravention of good order and decorum , I ' ve always 19 done that . In this case , as you have in front of you , 20 :��E have a complainant that v:ants me to do more than 21 what in some cases I ' m obligated to do . 22 In Item I�TO . 8 it says failure of the 23 evaluator to respond to the requests , written or eral , ? 4 of thc �oarn shull. canstitute �n infraction of the ; % 5 Codc of Ett•. ics . ��gain in my letter I say that I LOGA?�T & STYR�3ICKI ( 5 ] 2. ) ?_ 91 -1 0 ° 5 ' . , ? understar.d that I have net followea this s� ction of 2 the Code of �;thics to the. letter . I did not 3 understand that Steve was a member of the Board . But 4 in r,iy def�nse I did spend time on the phonn 5 discussing these issues with Steve Roy . I do 6 understand the process for handling complaints ano , 7 responding to the Board now . I have to stress that 8 bo*_h to myself and to you . I could read the letters . ; 9 I noticed that they did have a carbon copy co Tom 10 . Delaney so I }:new that 'I'om Delaney was receiving � 11 copies of those letters and i felt that at some point � , _ �! 12 we would have a convErsution with this Bourd . I did � 13 not think any other than that . That ' s it . 14 I�1R. DELANEY : Are there any questions 15 of h?r . L�Jarwick from any of the Board members? 16 1 7 EXA�'I IL�AT I ON 18 1 9 BY riR. BEE?3LE : 2U I�IR. BEEDLE : f•�r . Chairman , I nave read 21 t:�rcugh this c;ocumentation at great length and I ' m 22 just concerned about , and I ' c like to ask A9r . i,rJarwick , 23 the reasen for not accepting registered letters . 24 Perhaps also -- in not asking the person with v�ho you 25 had se many lengthy conversations about the subject ` LOGA1�' & STYRBICKI ! 612 ) 2 �1 -1 �� 5 , � �1` cf the inspectien as to just identify himself as you 2 sdy you didn ' t know he was a board member . YJho did 3 you think ne was? 4 i•1F:. v�AFtdZCf:: Steve P.oy� 5 t1R . BEEDLE : Y�s . ! o tiR. ir+'ARWICK : He was the supervisor of � � 7 the program . I did not realize 3t that point that he i � was a board mem',�er . I have had one meeting with the I9 Board , if you remember , a while ago concerning -- I 10 ":K. BEEDLE: I was absent from that i • I 11 meeting . That ' s why I ' m giving you these questions . ! 12 � � .,R. 17AR';JICK: I thought he was a 1 13 supervisor �nd 'ne reported back to the Board . In 14 terms of orgar►izational charts , I thought tnat Steve � � 15 reported to you and so did we . 1 � �7R. BEEDLE: Did you at any time ask 17 Steve Roy , thinking he was a supervisor and reported � 13 to us , how to attempt to reach the Board m�mbers , 1 � eitY�er t?�e chairman , N?r . Delaney, or others on tl�at 20 Loaru to ��rhaps get a little more information as to 21 a�hat 4�as happening and what your rights and things 22 were under ti:i s? 23 [�1R . �ViyR�ti' ICK: No , I diGn ' t , and I 24 apologize for that . I c�.�n onl}• say on t�iat issue 25 :hat zt tliat time I was trying to get informa'tion in LUGAII & STYT;P, ICi:I ( 5 � � ) � al -1 Oa7 ��.�-/93..� � , , � terms of my legal statiding ��nd I thought that we 2 would bc in front of the Board ; �hat St.eve woulc 3 requ� st a hearing with the Board with me present . 4 ^hat ' s �.ahat I thought . 5 A9R . BEEDLE : In your job in the 0 � S c3ocumentation , I see that you ' re a T�iinneapolis � 7 ?-iousing Authority r.ehabilitation Specialist . Do you i £3 evaluate buildings? - I9 t�iR. 6dAP.�rdICK: That ' s correct . I10 . P�IR. BEEDLE: Can you give us an 11 expianation as to how it was that with all this I12 backcrour.•.d and knowledge for ten yeurs , 1976 -- 12 � 13 years to the pres�nt , that you overlooked so many 14 points that I don ' t feel -- you ' ve skipped ever in � 15 your explanation , in my opinion , anyway, of bringing 16 up these points of thir.gs that were amiss ? I don ' t 17 feel I ' ve gotten an adequate explanation of how , why 13 or how , what? Can you dwell on that a little bit? 19 There ' s quite a few points there . You just went on 2G to the next thing with no explanation . I ' m curious . 21 f;R. 's.AR!JICK: Okay . ihe -- as I say in ' 22 my lctter , when I went out there the second time I 23 look�d at the electrical system solely . F.nd in 24 S � eve ' s lette:r , I wGs ama �ed when I got it Uac}; , I 25 �uite honestly , because I can ' t believc� that I missed LOGHi�: & STYRB ICKI { �� 12 ) 291 -] C��S i , ' ' 1� those . I see them in other places . I don ' t know . I l 2 . mean , I really don ' t . I 3idn ' t go out there . I };now I3 what thos� thinqs are and I don ' t know . I mean , it ' s I4 really -- it ' s really surprising when you get a 5 response like that because usually I find those J6 things . The -- for example , the vent pipe on the -1 7 water heater , the only thing that I can remember � 8 about tr�at particular basement was the new furnace � 9 that was in there . I remember the electrical service . I 10 . �nd , you hnow , according to my evaluation , tre drum � 11 trap I listed as being taped . I did not see the _, 12 other P- trap . The saddle connection is a very � 13 unusua� connection , very unusual if indeed it is a 14 sadcile connection . But I don ' t know . The electrical I 15 system , it was a weird system . The house was -- it I16 had rockEr switches in it and it had metal switches i 17 in it , which are very ur.isual . r4aybe after looking I18 at all ef those , I avoided the electrical system. I i19 can ' t say . I mean , I ' m amazed . 20 When I talY.ed with Steve , the wiring -- I I � 21 talked with Steve about a main disconnect and there � 22 was a wire �oing up the stairs to the attic , and I � - . 23 remember particularly I walked through and I bent � 24 down like this as I walked up the steps and there was f25 a wire right here that I missed all the way up . I 1 I LOGI�I7 & STYRB ICKI f 61 2 ) 29] -1 �°5 1 ( , ' ' 1 mean , I don ' t know why I didn ' t turn my head . I i 2 don ' t knoH . I try and do things correctly. I have 3 seer. a lot of buildings . And I don ' t know . I ; 4 �ti�ondered for awhile whether or not I had bl inders on � 5 when I went in here , and normally I don ' t do that . f6 There was some material in the basement when I was � 7 there , but it ' s been so long that I can ' t reme:nber . 8 There were some materfal in some of the rooms , so I9 maybe some of the electrical stuff that was there I � 10. wasn ' t able to get to . 11 But it definitely is a situation where w.l 12 , everyt.hing was just right � for me to miss it . It ' s � 13 liY.e the Fomex that ' s outside the houss . You walk �n 14 the west side and on the bay, it ' s only about the � � 15 sa�e dept?� away from the bay as where the F.omex is . � 16 I came up on that side an3 I stopped and I Iooked at 17 the condition of the siding and then walked back � � 18 around . ':here was a fer,ce in the back yard and for � 19 som� reason or another , I missed it . It ' s i 20 camouflaged in terms of it being painted . I don ' t � ' 21 know . � 22 :IR. �EEDLE : What time of day or night 1 23 wras it when you made this inspection ? Uo you recall. " 24 was it iight or dark? Di � you use artificial lights? � 25 I ' m looYing for some reason for missing all these I � LOGAN & STYRBICkI ( f ) .?_ � 2Q] -1 � 95 I , , � , • � 1 things . 2 ��iP.. ��lAR[�JICK: It was after work during 3 the summers . I worked 10-hour days and I worked j 4 until probably 5 : 30 and maybe even 6 o ' clock and then i I 5 went and did this inspection . To be honest with you , � 6 I used to pride myself on the fact of not missing i l 7 these things . And I think that if you talk to any of � 8 the people that I normally do business with , I c�on ' t I9 miss these things . So, I dor, ' t know. � 10 , h1R. BEEDLE : How long a period of time 11 do you usually take or did you take on such an ,„;� 12 insp?ction as this to inspect a house? tVas it two or � 13 three bedrooms� 14 ti1R. i�JAR�rJICK: Yes . There ' s *hree . • � 15 Tris one might even be four . I don ' t know. Let ' s 16 see . It ' s three . Usually I spend more than an hour 17 in a building , and if it ' s bigger , more than that . l � 18 I•1R. BEEDLE : Thank you . With regard to ( 19 these unusual , as you put it , things , electrical and i i 20 so forth that you saw and were quite , very unusual � 21 you mentioned , was there a reason that you had no � 22 notations in the electrical service , mechanical � 23 system in the inspection program , absolutely nothing ' 24 there? As a m�tter of fact , it says none . � 25 � t•ZP.. :�'AP.4dICK : In terms of going through ! I � LOGAI�I � STYP.3ICY.I { 612 ) 291 -1095 � t , � I . ' ' 1 zach of the rooms tilhere all of thc :n are acceptable? � 2 I•9R. BEEDLE : In the far right-hand side � 3 wh�re. it says items ar.d comments . Throughout the 4 page in r �gard to the mechanical systems there are 5 some notations in the side panel there , but when it ` 6 comes to the electrical , it ' s just completFly void of I - i 7 any comments and I ' m concerned about that . I 8 P2R. WARWICK: In terms �f the I9 Electrical panel and its main disconnect , I have seen � 10 . others very similar to that , and inside that main 11 disconnect box is a circuit breaker that is sized for ._� 12 the particular unit , the particular panel . That ' s ....� � 13 what I thought was in there , so I didn ' t even open it . 14 And I know better than to miss a disconnECt -- excuse I I 15 me , a jumper around the meter , too , and I don ' t know . � 16 I mean , it ' s not there . When I was in there , it was 17 not there either . I looked at that and thought , boy, 18 that ' s weird . ? 9 t•iR . BEEDLE : You mentioned that it ' s � 20 weird , but there ' s no comment on here to indicate to � 21 the new awner or to anyone else that something was � 22 weird , as you put it , or different . 23 ��SR . WAP.'�TICK: No , no , no . What I ' m ' 24,. t � lking about is on tne second time I w� s thert• . It � 25 was weird that I cic� n ' t put it down . F3ut in terms of i � LOGAL�? & STYRB IC KI ( 612 ) 291 -1095 � r � � , ' ' 1 the electrical system , without opening that main 2 disconnect , what we have -- without opening up th:st I 3 main disconnect panel cover door , which hinqes and � � 4 not seeing those cartridge fuses , it is a 100 amp ) 5 panel from the outside in terms of its service entry � 6 in terms of the NSP drop . It ' s all done prcperly . - � 7 Okay? So that ' s -- that actually is fine . And you S go downstairs and you see the circuit breakers and f9 you see the main disconnect panel , you know that it ' s I� 10 . a hundred amp . Of course , I know. Ar�d as tney say , ! 11 I assumed and you know what assuming does to us . But � 12 from that , if you didn ' t open up that panel , �.., � 13 everything in the basement was fine . 14 Now , in terms of re- inspection , we find that � 15 tnere ' s a jur.ction box cover missing in which there ' s 16 a piece of Romex that runs out and connects to an air 17 conditioning autlet , and that there ' s no jumper 18 around the water meter and the main disconnect is an ! 19 improper one and the cover is loose . I don ' t grab 20 ahold of the covers and shake them. I really don ' t . 21 I don ' t like to be surprised . I22 PIR. BEEBLE : That ' s all the questions I 23 nave . Thank you . 24 i�IP.. DELA�TEY: Z was a little out of � 25 order . I snould have asked if you wanted tc. � ! Lc�GAL1 & STYF.B IC KI ( C�12 ) ?_ �1 -1u95 1 , ' � , ' '1� cross- exa�► ir.� , N;r . i�;cCormick . 2 T�iR. McCO�t•; ICK : Actually I had a couple � 3 questions . � 4 � 5 �XAMINATION r 6 -T 7 BY [�IY.. �IcCORMICK: 1 8 Q. You admit you received a phone call from � 9 Steve Ray regarding responding to the original � 10 . compl � int? 11 A. Yes . __, 12 Q . And didn ' t , in one of the conversations kith � 13 t�Ir . Steve F.oy , you indicate that the response :aas in • 14 the mail ? � 15 A. Yes . � 16 _ Q . A:�d that was a lie , was it not? � 1 7 A. Yes . '� � 18 Q. You ' ve also indicated to this Board that you � 19 had confusion , you weren ' t sure or certain of the 20 fact that you had to respond to Nir . Roy ' s request for 21 inforr�►ation in writing , and there has been maritEd as f 22 one of the exhiUits here a letter dated October 30 , � 23 1987 , and in that letter it indicates that if you do ' 24 not respond in writing , action will be taken against � 25 your licetise ; is tY:at correct? f LUGAN a STYRBICKI ( h12 ) 291 -1095 I , ' '1 A . Just a minute . I think that ' s correct . � 2 Octcber l �th� � 3 Q . October 30 , 1987 . ; 4 A. E::c u se me . Yes . � 5 Q. And you have yet to respond in writing to ; 6 that original request for information , is that -� 7 correct , except , of course , as a part of your appeal 8 here? After receiving the October 30th letter it i9 said that if you did not respond in writing , action � 10 , would be taY,en against your license . Did you respond 11 in H�riting to that original request before the ...,! 12 commencer�ent of these proceedings? � 13 A . Z:o , I rESponded orally. 14 Q. You are licensed in the City of i•iinneapolis t i 15 as a Truth- in-iIousing evaluator ; is that correct? i 1 6 A. Yes . � 17 ."iR. NIcCORMICK: That ' s all I have . l � � i 19 �r'.XA:�IIIJATION ; GO " 21 BY i�1R . BP.AD�'ORD: � 22 I�iR . BRADFt�RD: I have one question that i , 23 botl-:trs me . You say you had a number of cor,versations 2 � :+ith i�.r . Roy discussing the substance of the I25 complaint ; is that correct? I � LOGA�7 & STYRBICKI ( 61. 2 ) 291 -1. 095 f , � 1 � ' ` 1 �IR . :7AR��? ICK: Yes . { 2 i•;K. BRADFORD: At any time during those � 3 discussions with �:r . P,oy, did you ever ask him about � 4 the ir.�portance of replying in writing? 5 �yR. LJI�RVJICK: I ' m not sure if I did or l � 6 not . � � 7 �1R. ERADFORD: Did you ever have a i i3 �uestion in your mind as to how important it was that � 9 you respond in writing? � 10 . i;P.. 4JA R.� I C K: No . 11 :�iR. BRADFORD: When you received the ,;�,� 12 Gctober letter ir.dicating that action would be taken � 13 if you uid not respond to the letter , did you att�cr. 14 any importance to that? ! 15 �1R. U7AR4VICK: I did not respond to that �� 16 letter . 17 P�IP.. BRADFORD: The question was did you i I 18 attach a:.y importance to the information contained in � 19 the letter? i 20 MF. WA??vJICK: Yes , I did give it som� ' 21 importance , but I did not respond in writing . i 22 ,�1P.. BPADFORD : You testifie� tc the � . � 23 fact that you were experienced in the construction 2 � and contracting business . ` 25 t�]R. �JARi•3ICI{ : Correct . � LOGAN & ��YRBICKI ( i:.12 ) 291 -1095 f � � � � ' 'I i°1R . ERADFORU : And do you know the 2 importance of putting in writing whettier it should be � I 3 done under a contract or whether it might be -- � 4 P•1R. '�IARt; ICK: Yes . �I 1 5 ��1R. BRADFORD: I have no further y6 questions . I 7 i•ZR. DELAPIEY: Do any of the other Board 1 8 members have any questions or do you have anything 1 9 furtner ? � 10 , f1R. McCOtMICK: Just a short closing . 11 MR. DELANEY: Do you have anytning at :.,I 12 this^point or do you want to reserve , t�Ir . Ylarwick? � 13 �o you want to ;rake a closing statement also? 14 :iR. REISTAD: Could I just ask one � 15 r.�uestion nere? 16 [�!R. DELANEY: Certainly. 17 ;` � 18 �XA�dINATION � 19 20 BY i�1R. P.EISTAD: I � 21 MR. REISTAD: h1r . Warwick , you � 22 recognize that Steve Roy is a supervisor of the 23 Tru�h- in-Housinc� evaluators? ' 24 riR. ',7��P.�t' ICt:: Yes . � 25 f�IR. REISTAD: On your job in I LOGAI�? & STYRB ICKI ! 612 ) 291 -1095 i I � , , � � 1 :�9inneapolis , you must have a supervisor there ; is � � t 2 th�3t corr �ct� 3 �1R. t�•lAR�] ICK : Yes , that ' s correct . 4 Mk. REISTAD: If your supervisor calls i 5 you on the phone and told you you nad made a mistake , ;� 6 and he wanted you to �rep�re a statement in writing , 7 would you sit down and write him a response to his I I 8 letter or would you just ignore it? I 9 P4R. �9ARi��JICK: I would write the letter . 1 1 10, i�iR. REISTAD: Thank you . That ' s all I 11 y�ave . „_� 12 �dR. DELANEY: Do you want to make your j 13 statement? � 14 [�7R. rIcCORMICK: Just a short statemer.t . � 15 I think what we have here is what I believe breaks 16 down to is a matter of credibility . �7e have r:r . 17 4Yarwick ir,dicating to us that in letters and in tnis � 18 hearing that he did not realize what his obligatior. 1U was , for a couple of reasons . Or.e is that he was 20 confused by the process . Another one is that he 21 didn ' t think Sceve Roy was a member cf the Board ar ; 22 re�rESented the Board , although he was tested in 1981 . � 2 � �i'his is part of the exnibits . P•1r . Roy was thz person 24 vrho gave th� test , and although he ' s had to pay a , 25 licensing fee every yaur , altrough there are r.u:nerous 1 LOG�:N & �TYRBICKI ( 612 ) 2 �% 1 -1095 ; , ` '1� letters referenced in one of the exhibits about 2 notice of having his license cancelea for failure tc ; 3 buy the insur �nce , and everythir.g was sign�d by Steve 4 Roy on bc'�alf of this IIoard . As Steve Roy in6icated 5 in :his testimony, reports are filed with him . Every ` 6 letter that came out in �his case was quite clear . � 7 `I'he initial letter form used with over 135 prior 8 complaints in which there were over 134 responses w� s ! 9 signed by Steve Roy, Truth- in-Sale of Fiousing . � 10 • Clearly after the October 3Uth letter , he 11 was put on notice that if you do not provice ,,,1 12 something in alriting you ' re going to lose your � 13 license . :he telephone conversations that Steve 14 indicated he begged for a written response , I 15 practically begged for a written response , and he got 16 excuses , excuses bei.ng my secretary is not wcrking li out or it ' s in the mail , which is a flat out lie , or � 18 my attorney. That ' s always a convenient ploy, and I, 19 that ' s not because I ' m being overly insensitive , mind 20 you , but that ' s a convenient ploy saying my attorr.�y 21 advised me not to respond . i 22 Hle ' re getting a lot of excuses , or this r 23 �3oard ' s getting a lot of excuses . 11ow , there ' s no " 24 way I car. assume or try to figure out what was yoing I25 throuah ":r . S�arwick ' s mind at thi s time . I would ! LOG��N & ST1'RBICKI ( 61 � } � 91 -1OQ5 J V � � �� ' ! � �� : -/':>..=�� I � � � 1 �joirit eut to the Board an exhibit in this case . It ' s � 2 a letter from ?4s . Parry to Steve Roy indicating that 3 "Ir . ��ar �rick at one time told her that she ceuldn ' t 4 tak� away his license and neither could the Board . I 5 suggest that perhaps that might be something that was � , 6 going through his mind at that time . I don ' t know . ,, 7 There ' s no reasonable explanation for his failure to I 8 provide a written r�:sponse . The fact is that that is I 9 vital to the continuation of this Board and its � 10• function as sort of the overseer of the Truth- in-Housin 11 proc�ram . � ..- 12 The only thing this Board does is review 1 13 licensees and problems of concerning qualifications 14 of licensees and inspections of licensees . ►ahat you � � 15 have here in this case is an individual wro is i 16 subject to your jurisdiction and your authority who 17 is , in essence , ignoring it . That is why Steve Roy I18 has apprcached this Board and requested that based 19 upon this incident and the forwarnings and repeated 20 requests , that this man ' s license be canceled . �. ' 21 F�garding the inspection , he admits that it � 22 wasn ' t his best day an�: it ' s clear from looking at 23 those slides that that ' s quite true . Regarding his � 24 �rofessior.al demeanor , staff submits that bzsed upon I25 ]zis sort of ignoring the requests , written requests I LOGAN & STYRB IC KI ( � l � l � �?1 -? � �• � i � � , , ' ' 1 for information , and any other allegations contained ; 2 in Ms . Pa :ry ' s letter r �:garding conduct , inference ' 3 regarding friendships and that ' s why the electrician 4 says tt�ere ' s problems is because he ' s a friend of 5 yours , when in fact all the problems are borne out by ) 6 A'r . Roy ' s inspection , that those are other areas of � ? concern for this Board . But primarily, this staff is 8 presen� ing to this �oard a situation where you have i 9 :�n individual who has refused to accept the authority � 10 • of the supervisor , your representative , to the 11 licensing evaluators , and as a result , we believe � ^ _ :�:» 12 that his license should be canceled . -� 13 .;R. DELANEY: Do you want to make a 14 brief statement , Mr . ��larwick� i 1 5 �•ZR. WAR`ru ICK: Yes , I would . I would i 15 just Iike to say that , No . 1 , I c� id question :,teve I 17 �oy ' s autr.ority and I did question his authority � 18 �ased on his inability to tell me how to handle a C 19 compl� int . I have since received information from 20 Steve Roy stating that there are certain requiraments ' 21 in terms of hancilinq complaints . They cannot be � 22 handled ir.dividually by the evaluators . I think that ' 23 you have 135 complaints . I only have one . I did not � 2Y hanclE- that very well. . I �aas �etting conflicting I25 information fro� all sides , and that did not suit me � I LOGAr7 & S'I'YR� ICKI ! 61 2 ) 2 °�1 -1 n�� l i ' � � ' ' 1 �aell . That ' s why we ` re here to� ay . � 2 I did not intend to embarrass the Boarc; . I � 3 dic7 not intent to di�ninish this Board ' s authority . j 4 My interest was in making sure tY�at I did things 5 correctly, and i felt I had to discover the ; 6 information myself . In terms of not responding to � 7 i�ir . Roy, my interest was , at best , limited . I did 1 8 nct. knoN: necessar ily where to go. I responded to th� I ! 9 compluinar.t by a re-evaluation of the property within I10 • ten days . I spoke vErbally with P�Ir . Roy. I did n�t 11 provide a written response . My evaluation is not a ��w� 12 good^ one and I admit that . I can only say that I � 13 '.'iave to be doubly sorry in that case . I had no l � � interest in telling this Board that they had no 15 authority over me and never did that cross my mind . 16 I�:y only interest was trying to provide a service and 17 hopefully a much better one thar. I performed in this 1� case . 19 I stil. l feel that a policy for complaints is 20 an importa:�t issue that I tried to gAt out of r1r . Roy , i 2I and I still have not getten that and I still don ' t � 22 think that there is necessarily an approach for ( ! 23 complaints tor people who have nevEr had them before . ; ' 24 I apologize for my inability to provide . a direct ' 25 response , but I did not do it with any nalice towards I LGGA.I1 & STYRB ICKI f �> 1 2 ) 2 °1 -1 0�5 i � � � ' � 1 tlzis �oard . There are other legal issues that still 1 2 rave yet to be dealt wi �h in terms of the particular 3 evaluation at 2077 ��ellesl �y, and those will be taY.en ; 4 care of . Again , I apologize for not providing a i 5 written response to the Soard , but I came as soon as I � 6 you requested me . Thank you . � 7 ?�IR. DELANEY: Z'hank you . I believe all 8 t:ne testimony has been taken from both sides and if ` 9 there ' s no further testimony we ' ll entertain a motion � 10 � to dispose of the matter . 11 i�1R. BEEDLE : Mr . Chairman , I would move ...J 12 tY�ut� �,e approve the 1 icense removal from f�ir . VJarwick � 13 as was indicated by counsel here under all the 14 testimony and circumstances involving this . � : 1 5 �iR. �SARDELL: I ' 11 second it . 16 �1R. DELALJEY: Is there any further 17 discussion on this motion that ' s now on the floor? � � 1 :? Is it cancellation? i�Jould you state it agair.? !� 19 �•iR. I�1cCORMICK.: It would basically be a i 20 moti�n to affirm the preliminary findings of this i ' 21 3oard at the preliminary hearing and that is to ' 22 car�cel . � i . 23 i�1R. DEL;�NEY : Is there any further � 24 discussion on this motion? If not , we ' ll call ror a � 25 vote . Al1 in favor af the motion signify by saying � LOG��d & STYR3ICI:I 1 �, 12 ) 291 -1095 � � ' , 1 �ye . i 2 :•iS . Si�LAP�iEL� : Aye . i3 t�1R. t•;AF.DLLL : Aye . � 4 I•1F. . REISTF�D: Aye . i 5 MR. HaRT : Aye . j 6 P1R. DELANEY: Aye . Opposec3? ;he I7 motion is carriec? . $ i�iP.. BRADFORD: So moved . I9 i�1R. DELANEY: The meeting is adjourned . � 10 • (Hearing concluded at 5 : 45 p .m . ) 11 �,.1 1 2 i 13 ' 14 I15 16 17 � I ' 18 � 19 � 20 I � 21 � 22 � 23 � 2 � I25 ! L'JGf�N & STYF.B ICKI ( 612 ) ?_ 91 -] 0 �' � i . , ' ' 1 P.EPORTER ' S CERTIFICATE � 2 I3 I , Holly J . Nordahl , do hereby certify that 4 I recorded in stenotype the Public Hearing on .the 9th � 5 day of June , 1988 , at Ramsey County Courthouse in the I6 City of St . Paul ; I7 8 I further certify that thereafter and on � f 9 this same date I transcribed into typewriting under � � 10 • my direction the foregoing transcript of said 11 reco.xded hearing , which transc7i.pt consists of the l ��-�! 12 preceding 62 pages ; � 13 14 I further certify that said transcript of 1 � 15 such hearing is true and correct to the best� of my , � i 16 ability. ,` . . " 17 ' � I / l8 - � � Z�� i� � 1 9 Y�11.G^ � i 20 Holly J. I�ordahl I ' � 21 Court Reporter ` 22 Dated ttiis ��day �I 23 of August , 2988 . . i 24 � 25 ( LOGAN & STYRB ICKI / G 1 '> \ 7 0l _ t n ;�, c � � � Page 12 I A quorum, as set forth in Article X wiil be required before hearing i the Appeal . In special circumstances and at the request of the subject Evaluator or by order of the Chairperson, the date of such hearing may ; be postponed for up to an additional fifteen (15) days. Section 5. FINAL DISCIPLINARY HEARING ! ; A. General � 1 . The hearing which shall be informal and quasi-judicial , shall be recorded by a court reporter and/or by a mechanical recording ` device. l • 2. No issues other than those raised at the Preliminary Disciplinary � Hearing shall be considered by the Board at the Final Disciplinary � - Hearing. . •�•� 3. The Board shall follow the evidentiary standard contained in � Minnesota State Administrative Procedures Act, Section 15.0419, Minnesota Statutes Annotated. �� 4. Witnesses shall testify under oath. :' � 5. Any witness may be questioned at any time by any member of the I Board and the Board's legal representative. � 6. The Supervisor and it's legal representative may examine or make inquiry into any evidence or testimony given. 7. The subject Evaluator may, if he/she chooses, be represented by � an attorney prior to, throughout and after the proceedings. 8. The subject Evaluator and his/her legal representative may � examine or make inquiry into any evidence or testimony given. � � 9. If some important and pertinent new information as to a matter � at issue is discovered im�nediately before or during the course of the� hearing, the Chairperson may consider receiving the infor- mation subject to providing the Evaluator or the Supervisor an . I I � . Page 13 I � , , opportunity to respond at a later date. � 10. The Chairperson, at his/her discretion and/or upon the advice of the Board's legal representative, may exclude unnecessary ; evidence, including, but not limited to repetitious, immaterial , i irrelevant or incompetent evidence. 11 . Al1 statements or objections and any questions, other than direct ( or cross examination of witnesses must be made through the Ehairperson. � B. Hearing Procedures l . The Findings and RecorrQnendations contained in the Board's � ' . Preliminary Decision shall be read into the record. l2.� � The Supervisor will reintroduce his/her formal findings and recommendations that were presented at the Preliminary Disciplinary � Hearing. _ ` 3. The Supervisor may be cross examined by all authorized parties. �' 4. Testimony may be presented by any other witness in support of the findings and recommendations of the Supervisor. 5. The witnesses in support of the Supervisor's presentation may be cross examined by all authorized parties. 6. The subject Evaluator may testify regarding his/her objections � and challenges to the findings and recommendations contained in the Board's Preliminary Decision and the Supervisor's findings and recommendations. i7. The subject Evaluator may be cross examined by all authorized parties. i ; 8. Testimony may be presented by any other witnesses in support of ti�e objections and challenges by the subject Evaluator. I Y . \ I � Page 14 I , 9. The witnesses in support of the subject Evaluator may be cross ! examined by all authorized parties. � 10. Rebuttal by the Supervisor shall be allowed. I ` 11 . Rebuttal by the subject Evaluator shall be allowed. � 12. The Supervisor and/or his/her counsel and the subject Evaluator ;. and/or his/her counsel may make closing statements. � 13. The Board shall make its Final Decision in accordance with Subsection C of this Section. � C. The Final Decision of the Board � • 1 . This decision reached by a majority of the Board members who were present at the hearing shall be issued at the time of the hearing �� or within fifteen (15) days of the last day of the hearing. 2. Within fifteen (15) days of the Board's Final Decision written � notice of the Board's decision shall be personally served upon ` the subject Evaluator or sent by certified mail to the subject � Evaluator's last known address. 3. The Board's Final Decision shall include and inform the Evaluator of the fol l owi ng: i` a) the date of the Final Qisciplinary Hearing; ± b) a copy of the Supervisor's findings and recormnendations which ' are on file with the Housing and Building Code Division; c) a copy of the Board's final findings of fact and recorrenendations; d) the Evaluator's right to accept the final findings and recoiranen- � ( dations of the Board. If the Board's action was to cancel , � revoke, suspend or fail to renew the Evaluator's license, the ` Evaluator shall relinquish his/her license within the ten (10) 1 � day appeal period as set forth in subsection C (4) of this Section and Section 5 of this Article. � � \ � Page 15 � � , . , . e) the Evaluator's right to appeal the final findings and irecommendations of the Board. If a timely appeal is filed, . the Board's recommendations against the Evaluator's license � shall be stayed until the decision of the City Council . � f) the manner in which an appeal may be taken as set forth in y . Section 5 of this Article. � 4. The Board upon cancelling, suspending, revoking or not renewing - a license, shall require that the Evaluator surrender the license � to the Supervisor. Such cancellation, revocation or suspension ( . takes effect immediately upon the surrender of the license or the r � expiration of the ten (10) day appeal period, whichever comes � ^ first. If the license is not surrendered and no timely appeal is � filed, said license shall be automatically suspended upon the � , expiration of the appeal period. However, the comnencement of the l time of the cancellation, revocation or suspension of the license � as set forth in the final findings of the Board shall not begin until the license is actually surrendered. At all times during the period in which an Evaluator's license is i either cancelled, revoked, sus�ended or not renewed the i Evaluator is prohibited from performing evaluations or promoting ' or advertising his/her services as an Evaluator. The license of any Evaluator who performs evaluations or promotes his/her services as an Evaluator during the cancellation, revoca- � tion, suspension or non renewal period shall be cancelled. . � Section 6. APPEAL OF THE FINAL DECISION OF THE BOARD � A. Any Final Decision of the Board which requires a cancellation, revocation, 1 �- suspension or a non-renewal of the Evaluator's license may be appealed by . � � • CODE OF ETHICS FOR TRUTF3-IN-SAL� OF HOUSING EVALUATORS � ' �. . � 4 i. The Evaluator will not discriminate in providing his services and establish his fees on the basis of Sex, Marital Status, National �rigin, Race, Disability � or Religious Freference. 2. The Evaluator, while acting as such, will not operate under the use of alcohol, drugs, or narcotics not specifically prescribed by a physician. �. re-evaluate any presnises for which n previous The Evaluator will not knowin9lY rior ins ction re airs have evaluaticn ze�ains in force. Hawever, if, since a p Pe • p : � been made of items noted as unacceptable or hazardovs in said inspection, the r Evaluator who made the prior inspection may re-evaluate the premises. � Tbe Evaluator will be responsible at all times to execute his duties with due �. �care and in-g�d faith, in co�pliance with the Lcws and Regulations of the City � of Saint Paul and the Ev�l�toz's Code of Ethics. �5� The Evaluator, while acting as such, will not engage in conduct that in any way is in violation of any Law or Or��ce, or is in contravention of good order and decor�mm. ` t6. The Evaluator will be responsible to notify the Board of all co�plaints filed ` regarding his evaluation services. �7. The Evaluator will�not knowinglY Su2�it or prepare for a homeowner, an evaluation which contains false or mislending statements• All evaluations made shall be completed upon t2'ie fosms supplied by the Bosrd, and shall be sub�itted to the duly appointed'recipient and custodian of such completed foans. , �� 8. Failure of the Evaluator to respond to the requests written or oral of the Board shall constitute an iz►fraction of the Code of Ethics. ' g� The Evaluator will not evaluate properties in which he or his i�nediate family has an interest. For purposes �of this provision, i�ediate family, shall mean ; parents, children, and spouse. Ir�ediate family shall further mean those persons : uny,�g toqether in a dwelling camprising a single housEkeeping unit• 10. The �ralustor will not evaluate properties in which an interest is claimed or � had by his employer or by a person or entity retaining him for services other � than such evaluations, or by a Real Es`•.ate Company with whi� he is otherwise associated. I ��1� The Evaluator, while acting as such, will not endorse specific materials or fi�ms. He will not appraise the value, or estimate the costs of repaiss or sesvices for prcperties he is evaluating. The E�►aluator will not make any repairs or additions to a property he has evaluated, during the time period t1�e evaluation he conducted is valid, nor will he make a Trut]i-3n-Sale of Housing E�*aluation for any property for which he has made any repairs or additions withi.n the last 90 �ys. 1 12. The Evaluat�r. while acting as such, will not solicit the property for sale, nor � suggest services of specific agencies or agents. � A VIOLATION OF ANY OF '1'� �IDII'�� P� BY THE BOARD MAY RESIILT IN SUSPENSION OR gEVOCATION OF AN EVALUATOR'S C�RTIFICATE OR DENIAL OF A RENEWAL OF SIICH CERTIF'IC.�1TE• . i , ��_�- __ _____�— - � �_�� _�_ � • _�,_�_�_�� I, T� �E�I � � �� p� p,�D �p pi,IDEgSTAND TF� CODE OF PTHICS FOR TF� 'rRUT H-IN-SALE O US EV II , ORS. � � • DATE: � � Page 7 � •Bylaws and Rules of Procedures shall be available to the public upon request. � ARTICLE XV Disciplinary Procedures t Section 1 . DEFINITIONS � A. Cancellation - license is withdrawn for an indefinite time period. � The Board may set certain requirements that must be completed prior '� to any possible consideration for reinstatement. B. Cause• - a violation of the Board's Code of Ethics, or of Chapter 189 � of the Legislative Code, or other act or failure to act which tends , to bear upon the Evaluator's ability to properly carry on the private � business of evaluatin buildin s. 9 9 '� C. Refuse to Renew - upon the action of the Board for cause shown, the license of an Evaluator may not be renewed when the time period for �' renewal arises. In addition the Board may set certain requirements that must be completed prior to any possible consideration for renewal . � D. Revocation - license withdrawn for a definite time period. The Board ! shall set certain standards and requirements that must be completed ; prior to reinstatement. � E. Suspension - license withdrawn for a definite time period. License auto' 1 � � matically reinstated after expiration of the time period of the suspen- � sion. No other conditions need to be completed prior to reinstatement. � Section 2. GENERAL POWERS AND/OR DUTIES ' A. All reports, complaints or other information involving alleged misconduct fby any certified Evaluator which tends to indicate the Evaluator's un- , fitness to properly carry on the private business of evaluating dwellings, I � or to indicate possible violation of Chapter 189, or the Board's Code Lof Ethics shall be recorded by the Secretary and referred to the Division � f - Page 8 � � , , ` of Housing and Building Code Enforcement of the City of Saint Paul . � A copy of the initial complaint, if any has been filed, or a memorandum preliminarily detailing it, shall be sent to the Chairperson of the � Board and to the subject Evaluator as an informal notice. The Evaluator shall be required in the informal notice to send a response to the � Su ervisor. � P � B. The Supervisor shall not participate as a Board member in any Board � actions or deliberations regarding any matter relative to a proposed � disciplinary action against a Truth in Housing Evaluator. The Supervisor � shall investigate the factual basis of all reports and complaints, and � shall perform such investigations of possible roisconduct as are requested ( � by any member of the Board. C. The Board pursuant to Chapter 189 of the Legislative Code of the City ,l of Saint Paul , shall have the power for cause shown, to cancel , suspend, .-� revoke, or refuse to renew the Certificate of Competency of a Truth in . � Housing Evaluator. The action taken may be made with or without con- ! ditions. � Section 3. PRELIMINARY DISCIPLINARY HEARING � A. Com�nencement of disciplinary proceedings against an Evaluator may be ► initiated at the request of the Board, or by Complaints, or by the I Supervisor. After notice of a proposed disciplinary hearing has been � ; sent to the Chairperson of the Board and to the Evaluator, the Supervisor ,` � may present formal findings and recorrrnendations to the Board at any ` Regular or Special Meeting; such recom�nendations are to include but are not limited to �ancellation, revocation, suspension, or failure to renew � the Certificate of Competency of any Truth in Housing Evaluator. Notice ; to the subject Evaluator of the proposed disciplinary hearing sha11 be �' considered sufficient if written notice is sent via U.S, mail to the l � � (�(�� th r r��-2`� � ��fl }NG� a� �-}� , � �D� O rt' R�F"�ITY oF�SAtNT PAUL �TS ( , �..,.. � ' DEPARTMENT OF COMMUNlTY SERVICES . ��'��"� : :•�� n� : DIVISION OF PUBLIC HEALTH � � '••• 555 Cedst Street,Ssint Paul,Minnewta 55101 �, (612)292-77�1 George Latimer Msyor i� • �� April 20, 1988 � � �� . � Rictiard Warwick • 306 South Exchange Street Saint Paul, Minnesota 55102 � � � RE:; Notice of the action taken by the Truth-in Housing Hoard at the i Preliminary Disciplinary Hearing held on April 7, 1988 ,� t� Dear- Mr. V►�nwick: The E�cam�ning Board for the Trut,h-in Aousing Evaluators for the City of Saint Paul. met on April �, 1988 to consider the advisability of taking � action against your certificate of carg�etency as a Truth-in-Housing evaluator. At this hearing Mr. Steven Roy, S�ervisor of the Truth-in- Hausing Program for the City of Saint Paul, submitted his finclings and . r�r�erx3ations concerning your fitness to continue as an evaluator. Mr. ( Roy's reco�cnendation was that your Truth-in-Housing certificate be can- � ) celled. Yau were in attendance at this meeting and also addressed the Board. ! You received specific notice concerning Mr. Roy's proposed findings and � reoam�endations in a letter sent to you by Mr. Roy, dated March 25, 1988, a co�y of which is incorporated by this reference as •Exhibit A. The facts and exhi.bits referenced in that letter were submitted to the Board on � April 7, 1988 by Mr. Roy. In response to Mr. Roy's presentation, you indicated to the Board that � this co�laint was the first to be filed against you as an evaluator for , the City of Saint Paul. As a result, you were unfamiliar with the review process and the eoard's expectations concerning cor�liance with the t Board's requests for information. �'� You indicated an attorney had advised you not to resp�nd in writing to the Board's request for information and you were confused by the procedures used. You also stated your belief that the only way the matter could be � resolved would be through Mr. Roy's insp�ection of the subject property re- gardless of any response you may have to the ca�laint. � � 1 \ I � 3 � 4 � ' , � , � � Richarrl Warwick -2- April 20, 1988 i After considering the testi.rmny of the parties, the exhibits and prop�sed findings, the Examining Boarc] for the Truth-in-Housing �aluators for the '; City of Saint Paul, hereby makes the follawing preliminary findings con- ' cerning Richard Warwick's fitness as an evaluator arxl his certificate of � coscg�etency: . ! 1. T'l�at there is a reasonable basis to make a preliminary finding ' that the facts as alleged in Exhi.bit A are accurate, and that E.Valuator Warwick is unfit to continue as an E.Valuator for the � Saint Paul Truth-in Housing Program, in that he has violated ' � Seetions four, five and eight of the Code of Ethics for Truth- in Housing �aluators and did an inadequate job of inspection � at 2077 Wellesley Avenue. - 2. That Mr. Warwick may request a fozmal heari»g before the Examin- , ing Eoard within fifteen c]ays fram the date of receipt of this notice. Said hearing shall be held pursuant to Section Four of � • Article XV of the Bylaws and Rules of Proceclure for the Truth-in- Housing program. The request for a hearing must be sent to: y � " - T'homas Delaney, Chairperson I Truth-in Housing Board ' C/O E�vironmental Program Manager Room 211, St. Paul Division of Public Health _� 555 Cedar Street Sai.nt Paul, Minnesota 55101 � Any ap�eal and request for a final hearing must state with , specificity all objections and challenges to the Board's preliminary findings. ! 3. That if this prel�mi.nary finding of the Board is upheld after a ' � full hearing Mr. 4�'arwick's certificate of ccx�ipetency will be car►cel led. • � 4. That if Mr. Warwick fails to file an appeal of these prelinL*�rv findings within the requ,ired t�me period refexenced in paragraph � twu, these preliminary findings shall beooR�e the Final Decision i of this Board and Mr. Warwick's certificate of c�ng�etency shall ; be cancelled at the end of the fifteen day period for filing the a�eal. ' � � 5. The Board reserves the right to reject or accept any future appli- �� cation for a certificate of cor��etency from Richard Warwick. If deemed appropriate the Board may establish ac]ditional require- � ments prior to the accep�tance of any application. I k � � � . � F � � � � ' � Richard Warwick -3- April 20, 1988 � piease be advised that a copy of all referenced exhibits is on file and � available for your revie�,� in Room 211 of the Division of Public Health, ! 555 Cedar Street, Saint Paul, Minnesota. , You may acxept the preliminary findings of the Board by surrendering your � certificate to Steve Roy in Room 211, Division of Public health, 555 Cedar Street, within fifteen t15) days fram the date of receipt of this notice. � Your cancellation will bec�me effective the day your license is surren- dered. - � At all t�mes during the period in which your license is cancelled you are prohi.bited fram performing evaluations or procmting or advertising your services an an evaluator. • +_� Very truly yours, I � •` ` Thanas Delaney, rperson Truth-in-Sal�of sing Board % , �- _ � TD:jrn C: Board �nbers � John McCbrmick, Assistant City Attorney Greg Helland f, . I � f � ; - 1 � , � � � � _ - . � � � 1 i. � � � . � � ' CITY OF SAINT PAUL � � �..... �;' ': DEPARTMENT OF COMMUNITY SERVICES � �� ' DIVISION OF PUBIIC HEALTN : : ` "" 555 Cedar Street,Ssint Paul,Minncsota 55101 � Gcorge tstimer � ��.`�� S G+�S �l N� l� L �^ Msr°r � LL.�G ��O N�i�� l � R � . � -� P��r. � N� RY �, zs. 1988 + ,�,a , �,,� � � . - - . - • Richard Wazwic3c . . � 306 Sou�tti E�cchange Street . St. Paul, Mirv�esota 55102 l Thi.s letter is to inform you I inter,d to present foxmal findings and recan- mendations at the next regularly sc�led Truth-in-�3vusing Board meeting � relating to your oertificate which entitles you to p�rticipate in t�e eval- ' uation of dwellings in the City of Saint Paul for the Tnith-in-Haising Pro- � gram. 1!�►is is scheduled for Thursday, April 7, 1988 4:00 p.m., City Ornm- cil Chacnber, third floor, City Hall. It will be my recocsme�dation that -�' your oertificate be cancelled, based upon the follawing facts ar�d exhibits ., that will be offered at that n�ting. 1. Capy of the reoeipt given to you when yau became certified in i� Saint Paul on January 2, 1981. � 2. Oopy of the "Cbde of Ethics for Truth-in-Sale of I3vusing �al- uators" signed by yau on Se{�te��ber 11, 1981. Specific refereryce f, will be made to paragraphs faur, five,and eight which have been I violated by your failure tfl 000perate in the irrvestigation of this cociplaint. ! 3. DoFsy of a�oanplaint letter, dated Auc�ust 12, 1987, sent to me fran Kate Parry regardi.r►g 2077 Wellesley Avenue. � 4.� Oopy of my letter to yau, dated August 24, 1987, advising you of � the ccn�laint fran Ms. Parry ar,d requP_sting a written response within tes► days. , f5. Oopy of a seoond letter sent to me fram Ms. P�rry dated Septenber , 30, 1987. In this letter Ms. Parry detailed her oontacts with you regarding her coct�laint. ` 6. Cbny of my letter to yau, dated October 30, 1987, in which I ad- , vised you of the need to respond to the con�laint and that your fa.ilure to respond may result in action being taken against yaur � oPStificate. � 7. A re�view of phone vonvei-sations I had with you regarding the cair- plaint at 2077 Wellesley Avenue, including: 1 • , . . � , . � �{'y �°� ' � . ' � � �' �� /.��_ , ' �� -2- March 25, 1968 �/ t ; A) Septgober 17, 1987, be�c--ause I had nat rPCeived a written re- ( sponse from you regarding the oaRQlaint letter I ses�t you on Augu.st 24. 1967. fover 20 days had passed sixyoe my letter) I called you. Yau said you waild send me a response the next � . �Y. � g) SeptBnber 29, 1987. I still had r�t reoeived a response. I called yvur pMne but You were not in. I leSt a message to call me. �� . C). September 30, 1987, because yau did nat call me back, I again called yvu. Yau told me yau had some personal pro- . ble� with your eecretary and you wvuld ge�t the lettes a=t _ tt�at day or the next. '� D) Oct�ober 7. 1987. I still had not received arespo nse fram you. I ap�ke to yau by ptane. Yoa� said you had sp�ken to an atton�ey wt» advised you to not adcait guilt. Yw did say � . you wc�ld ser�d me a written res�onse. . E) Oc.-tober 13, 1987 - etill no response. I again called y�u. r You said you mailed a respc>nse arid I would reoeive it t,oday ' � or tcnnrraa. � , F) O�c.-tober 21, 1987 - still no resp�nse. I again called you. r Yau told me you had not sent a resp�nse which by implication • m�eans yau were not truthftil tA me on Oct�ber 13, 1987. You ;�;cated you had been advised by your�attorney against re- ._� � �� that you w�ould nat resp�nd. ,.�'- 8. A atatement that as of this date, vur offioe has investigated ov+er 135 oa�plaints against evaluators. No other evaluator has -! failed to send a written response to the Board's initi.al rec;uest .1 for information. It is vital to the Board's fur�etion ar�d the ad- mini.stration of this program to be able to review the merits of �laints filed against persons certified by the Board to per- � form evaluations for this program. � 9. A s�nary of your f ile as a certif ied evaluator in Saint Paul � j which will show past exan�les of either non�cmpliar�ce or � reluctant oa�liance wit11 the Board's rules and regulations. T�e ` ,stasnary will include the fo�lowing: A) Scored 77 on the Truth-In-�bvsirig exam yo�u took on June 28, j 1980. B) oc�py of a letter ses►t f ran Marquette-Fblm Insurance QarQany , to you dated Jime 4, 1985 advising you t�►at ywr insurance ( wonild be cancelled effective July 4, 198'S for non�ayment of r C) p�py of�my letter to you c3ated Jtu�e 6, 1985 advising yau that yvur oertificate would be canoelled� if yvur insurarice iwas car�oelled. D) Copy of lettes fran insurar�oe cx�pany dated June 19, 1985 advising you that yryur insurarae �as reinstated. � � E) Oopy of letter dated Au9ust 30, 1985 advising yvu that yaur in,�-urar�ce wvuld be canaelled effective Septesnber 30, 1985 � for rion-paym�it of premiun. F> C)�py of my letter to you c3ated Septenber 7, 1985 advisir,g � ydu that yaur certif icate wvuld be car�lled if your ins�uz'- anoe was car�oelled. � . . � . . . � r - I � � � , Richard warwick � -3- March 25, 1988 � G) ao�y of my letter to yau advising yau that yaur certificate ( was canoelled for lack of ins�rar�e cwerage. . H) Oo�y of letter fran insurance cocq�ar►y to yau advising you that yvur insurance wvuld be cancelled Navember 29, 1985 for non�yment of prHniun. ( I) � of my letter tA you dated Dec�nbes 4, 1985 advising yvu J that yair oertificate was car�celled for lack of insurar►ce cwerage. � J) Cbpy of letter fran insurattice cac�arYy c]ated February 7, 1986 advising t.hat your insurance coverage wauld termic�ate on , March 11. 19B6. . K) October 13, 1986 - received Certificate of Insuranoe oaver- age for yau fr�cn the insurance va�aany. ' ` L) ocrpy of April •16, 1967 7etter fran insurance c�omp�ny advis- i,r�g that your insurance had been•car�aelled for non-payraent of premiun. ' 1 � M) ��y of iny letter�to yau dated April 21. 1987 advising you I ' that yair certificate was caacelled for lack of insurance . , oaverage. N) April 27, 1987 - received Ce�rtificate of Insurance caverage � • fram insurance caiQany. 1987 O) Oc�py of letter flrocn i*�,�+�rance oa�ny dat,ed Deoeobei' 8� � ac3vising you that yaur ins�u'ar�ce had been car�celled Dec�nber -� � 1. 1987 for non-payrnent of preniaan. P) Ovpy of my le�tter to yau dated Decanb�r 10, 1987 advisiny ��-Y you that ycur oertificate was cancelled for lack of insur- anoe. � Q) Oo�• of notioe f raa insurar�e ca�any dated Decenber 15, 1987 advisir�g y�au that ywr policy has been reinstated Deoe�r 15, 1987. R) Cbpy oef my letter to you dated De�nber 22, 1987 advising � you that yaur certificate was reinstated. � 10. A stat$n�ent that sinoe yau became certified in 1981, yvu have coRpleted a total of 197 evaluations in Saint Paul. I Approximately two inspections per m�nth for the time y�ou have � been c�stified. In 1987, you filed 35 re�rts for an average of •three reports per tmnth. - i 11. A review of the violations I observed at 2077 Wellesley Avenue, � that you failed to inclucie on your Augusst 1, 1985 rep�rt of the P�� . C 1. 1't�e electrical servioe par�el for the hau.ge lacks a main shut- ` off and the oover is loose. 2. Z'l�ere is an old service panel on t1�e wal� by the basement i step� that still has t� active fuses, exposed wires and � wires attactied to one screw. Dnder r�ormal circ�anstances � this panel shauld have been disoonnected wh�n the 100 a� � panel was installed. ' 3. There is n� electric bonding ju�er for the electric service . gramd around the water meter. 4. There is an opP.n junction box with e�cposed wires in one of y the wpst side hasa�nt storage rocr�. � 5. 4'hPre is a seLStion of urcprvtected Ranex exiti.ng fran tl�e basanent exte�ding u� the o�tside of the west side wall, . su�lying the dining roan air oonditioner z�eoeptacle. � !. � _ � . � � � � . � . , �� y�,i� -4- March 25, 1988 Y , . . i � 6. The basesnent toilet does r�o�t have a prapP�ly vesited waste. i 7. The water heater lacks an approved t�erature/pressure re- r lief valve. 8. There is a section of unapprcrved black vent pipe on the wa- � ter heater vent conr�ector. 9. The vent coru�ec.'tor for the water heater is quite long and en- ters t�e fiunaoe vent 3n a Tee rather'than a Wye oonnec.-tion. 10. There is a section of waste pipe imprr�perly tap�ad intc the � side of the main �oil stack. It also has tw� traps oonneet- ed to it - one P-trap and one dnan trap. . il. There is an ta,gr�ouncled 9ra.u�din9 tl'P'e of electric wtl�t in . the }titcber► by the bas�lt ste�s. ��j 12. 'I'he dining i�+ocxn lacks one elertric a=tlet. . J 13. The bathroan has an nngraurled electric a=tlet. 14. T't�e 8a=theast and west bedroan closeta both have closet lights with exposed light bulbs (No protective globes). � ' 15. West bedroan has b�ao un9m�ded 9�9 tYPe of electric c�utlets. } , Tb be a oertif ied Truth-in-Haising evaluator yan are rec�ired to oaRQ1Y � with all rules, rec,�ulations and #he �ocle of Ethics. You have failed to do $o. It is vital that evaluators be credible and above reproach. It is ap- parer►t f�an Y'�ir Past history and this tmst recent ircident that you have N;j little regard for the prir�ciples of this program arid the autt�ority of the ( Eoard. Z��erefore it is appropriate for� yw to not continue to p�aiticipate • in the Saint Paul Truth-in-$ousing Ho�usin9 Pro9ram• � You are invited tfl attend this Board meeting to hear the eviderrce I will be presenting and the action the Board tak,es regarding your certificate, but it is �t manaatory tt�at you attend. If yau are present and wish to � address the Hoard. �the Board may at its vption allow you to testify or pre- sent evides�ce. � . Yaurs truly. I /��-'" "_ Ir.,� - Steven R.'RoY I r Tru�th-'�n Sale of fiuusing � SRR:jm . M i � ' � . . � �. . „ . 1 . . L � ` ; . C' l� G1 O z O � ' a� O �J -- a> > r . C. . Cf . u� � n1 � •- L �+ �1 � c •- � C �- o� v+ L O — -� •+ � � O n� �o O � � �. e+ C �A C 0� — C ^ Q1 3 . > v v+ a— � E a �n �o � > — �o o� +.+ � ' 6i ^ > > '7. 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C1 L • J 3 r3 � �' r' 7 N O = L C G 2 G N � ' N Q 'fl N C L � N 'S �l t� �J � U ++ � �J �0 O N � � ' . _ . . . � . . � BEFORE SIGNING THtS AP�LICATION,READ iHE FOL�GWING tdA1�lE� CAR�FULLY: �s a part of this application an� in consideration of being .perTitted �o tske che examination � ; ror the pesiiion hereir� app} ied Tcr, including such practical demonst�ation tests as shall be rdeemed necessary to determine my. personal fitness�,. 5K1I � , �and elioibility� I � the undersigned aoplicant, do hereby voluntarily release, relinquisn, and forever discharge the City of Saint Paul , its agents, officers and, enployees� from any a�d all claims, dc.r+�nds, or ca��ses of ac,tion, ifor any damage or injury that I night sustairt in connectior with, or by reason of.� my eart+ci- pating in said examination; and do hereby vol�untarily assune all risks• in co�nection therewith. � • 13. EDUCATIOti: r _ - . . , Name�anA�ddress Courses o(Study Yean nAT� Did you ' ' of Scnoot ' (:vlajo�/1'[inor) Compteted Craduate" �� ' , From To �C 00[. � xxxzxxxxxxx�cxxsxxx � '�'�rc � 'l-��R H1 H xxxxrxxxx:cxxxx:cxxx � �xxx � SCHOOL i I � i SCHOOL ' %`�XX?(!CXXX!(XX!CXXXSX I � I � � I c�c� � rxti�XXXrrr-�X<rrXX � i �� , , ,�'0 i�TOC�.� I I I � I I I � �:OLLEGE ► � � r � � j I i � I ' � ' � � i f I � I ' � i I � ( I i ; �•y� . ... � { . � i . m . a � � � � �� '� � m °u � � ;, , . , - 4 a. u � i ..a w c a m ,. o � � 1 a � �s� [ m u U a " s `o ' u � � i � , � I �. O , h � �" O Q Q f O • � i v �� O �.. O � . � ' � � � >`• � � � �, ^o - �.�,,,� � � Y �:,: a,�� 2 � � _ iu c� � ?�, � - � = "��. � -- _ } ��? o _ � � = O� L�.^ �.�.. �.1. � � a � � =� � � � _ � � .. �+v u. o°� � . a � �� . �. L O � � � � :+ O ^y '_' °'"- Q J . _�� o�� z' � �Cf � � ; � t^� ` ^ - =_ t� i �r- � �v� °� "J }` • � � � � � - ' �- E- J �1 u .: : Q S�• , . C� ' "V � � � ' • � . � Q ' - � t' �` ((('''�� _� y ` `� � L L 1 � � �f � � .. ' �' . • � p Q ' � • a � . = E � � � �`o � �� r . z ��y � � � � ; �, 3 � . = � , _ _ � � � � � � � � I . � ^ ^ � � . d : ^ . ^ � - � . y _ ccn ^' c: cc�= c '_°� = c,`-' `c� ^ _? C �� = mv u � L o �'� T'� ^.� i.' f'_ �'� a^ Aw T� i o-o 's o� = o� 3 0— i oZ s o� 3 o s o s � _ w =v�, .s ^ �N .r cv� .n _�� e =vu; r ^ ,-��,e e c:JN °' .. �� . ?c„�: I � � � � G � d � Eio � c � o C cLo O c � o � � io O = � � � � � e `^ � � c � � Z �;a; Z �.Z.Z Z i::.Z Z :+.7=Z Z ;i 1 2 Z :+% 'L Z Z S+%`-Z Z '-'�Z 'L G:��-Z Z 47 C Z ' . � 1 � I Z CODE OF ETHICS FOR TRUTH-IN-SALE OF HOUSING EVALUATORS , ' �l. The Evaluator will not discriminate in providing his services and establish his fees on the basis of Sex, Marital Status, National Origin, Race, Disability + or Religious Preference. ! t2. The Evaluator, while acting as such, will not operate under the use of alcohol, drugs, or narcotics not specifically prescribed by a physician. �3. The Evaluator will not knowingly re-evaluate any premi.ses for which a previous evaluation remains in force. However, if, since a prior inspection, repairs have � been made of items noted as unacceptable or hazardous in said inspection, the Evaluator who made the prior inspection may re-evaluate the premises. 4. The Evaluator will be responsibZe at all times to execute his duties wit'h due '� care and in good faith, in compliance with the Law� and Regulations of the City � of Saint Paul ahd the E�raluator's Code of Ethics. " �5. The Evaluator, while.acting as such, will not engage in conduct that in any way is in violation of any Law or Ordinance, or is i.n contravention of good order � and decorum. �6. The Evaluator will be responsible to notify the Board of all coanplaints filed regarding his evaluation services. "�7. The Evaluator wil� -not knowingly sutanit or prepare for a homeowner, an evaluation which contains false or misleading statements. All evaluations made shall be completed upon the fortns supplied by the Board, and shall be sub�itted to the duly appointed recipient and custodian of such completed forms. �8. Failure of the Evaluator to respond to the requests writLen or oral of the Board , shall constitute an infraction of the Code of Ethics. }9. The Evaluator will not evaluate properties in which he or his i�aediate family has an interest. For purposes of this provision, i�ediate family, shall mean parents, children, and spouse. Iarmediate fami.ly shall further mean those persons 1 living together in a dwelling comprising a si.ngle housekeeping unit. ; " 10. The Evaluator will not evaluate properties in which an interest is claimed or � had by his employer or by a person or entity retaining him for services other than such evaluations, or by a Real Estate Co�pany with which he is othexwise associated. �11. The Evaluator, while acting as such, will not endorse specific materials or firms. � He will not appraise the value, or esti.mate the costs of repairs or sernices for properties he is �evaluating. The Evaluator will not make any repairs or additions I to a property he has evaluated, during the time period the evaluation he conducted is valid, nor will he make a Truth-in-Sale of Housing Evaluation for any property for which he has made any repairs or additions within the last 90 days. 112. The Evaluator, while acting as such, will not solicit the property foX sale, nor suggest services of specific agencies or agents.. � A VIOLATION OF ANY OF THE GUIDELINES ADOPTED BY THE BOARD MAY RESULT IN SUSPENSION OR REVOCATION OF AN EVALUATOR'S CERTIFICATE OR DENIAL OF A RENEWAL OF SUCH CERTZFICATE. t --------------------------------------�_��M_��------ ------------------ ' 1 I, THE UNDERSIG , HAVE READ AND DO UNDERSTAND TE� CODE �F ETHICS FOR TF� TRUTH-IN-SAT.F O US EV U ORS. � .1 , DATE: � �� ' � CITY OF SAIhT PAUL �... .. ': �'� r. '•,� � DEPARTMENT OF COMMUNITY SERV�CES ` IIIItD .E i �� . . BUILDING tNSPECTl01�AND DESIGI�' DIVISION �� City Hail,Saini Paul,Minnrso:a 55102 6�2-298—�212 �ORGE IATI►.�ER August 24, 198� MAYOR � l � - Fichazd �.'arvick � 306 So. Exchange Re: 2077 Wellesley Avenue St. Paul, rII�. 55102 Dear *Sr. kTarwick: � I recently received the enclosed complaint from the purchasers of;2077 �:ellesle� ?,venue. They indicate there are numerous electrical � violations th�t you failed to identify. ?lease contact �te Parry �nd Ray Phillips a�out their complaint. and sEnd me a written response within 10 da��s. � � " . Sincerely, ,��..- 2 I . Steve R. Ro; , upervisor .� Trut�h-in-Hous ing � SRhl�b . . cc: Thomzs Deiane}, chairperson, Truth-in-Hsg. Bd. Greg Hella�d � . � . . , . . � �� . � . • . . � i ' • . i . � � 1 1 . 1 � } � � , . ` Sept . 30, 1987 � , � � ' 1 � � Kate Parry �077 Weliesley Av . St . Paul, MN 55105 i � IMr . Steven R. Roy� Sanitarian III Supervisor, Truth-in-Sale of Housing Division of Housing and Building Code Enforcement ( City of St . Paul, City Hall � St. Paul, MN 55102 -� - t Dear Clr . Roy, . Here, as you requ�sted, is a dFtailed description of the dealings with have had so far with Dick Warwick , the truth-in- � housing inspECtor who inspected our home before we bought it . By way of background, we bought our home in the spring of 1986. At the time� we read with great interest the truth-in- ` h,ousing form that was on the praperty. I sent you a copy before, 1 but just to review: the section on th� home's electrical system was clean . There were no notes warning us of potential problems. T In fact, �-M-r . Warwick had marked that the house was up to code in � all categories. The form was prepar.ed on 6/7/85. In the summer of 1987, we found that an electrical outlet in the stairwell did not work and we called in an �1QCtrician to � rFpair it. You mentioned in our phone conversation this morning that Mr . Warwick has implied to you that this electrician was a friend of ours and that I work with his wife.. I 'm concerned t about this characterization because it appears to be an attempt � by Mr . Glartuick tn in some way question our motives or charactQr . To find this eiectrician, I looked in the classified ads of the Highland Villager . I picked a name and called . John Heinen of Residential Electric came out to fix the plug and that's the ' first time I ever laid eyas on him. If his wife works at the Star and Tribune, we've nEVer met -- there are hundreds of ' people u►ho work for the company. 1 At any rate, Mr . Heinen warned us that he was startled by urhat he found in the bas�ment and listFd numerous code f violations that he said should have heen obvious to whoever { inspected the house in preparation far the sale . He told us that to bring the house up to cod� would cost at Ieast �1� 000. i described his findings in the letter I sent to you on S/IZ/87. � So, I called you, wrote you thst letter and soon thereafter received a call from Mr . Warwick , who asked to come out and � inspect the house . On 9/10/87 Mr . Warwick spent about an hour � inspecting the house and agr�ed that he had made many mistakes in �his initial inspection . HF agreed on the spot that he would pay for rFpairs needed to bring the house up to code. I told him thst day that Mr . Heinen had checked .city � records on the house and discovered that a city electrical inspector named Waldren Lowe had been in the house on May 2, 1986 to inspect a furnace that had beFn installed . The � electrica2 problems were obvious enough that Mr . Lowe fiad � written tt�em up, including his concerns about the fusing and thp fact that the panel cover did not fit -- .both situations readily _� � ' ��'�'/� ✓'y ' , � � visible to anyone trained to look at electrical systems . � ' Mr . Warwick called us back once after that io ask for more information about the house. He assured me during the call that he was simply trying to get infarmation straight and that he �! indeed would take responsibility for the electrical problems in � the house that were not noted in his truth-in-housing in�pection . � Then, on 9/30/87, Mr . Waru�ick called to say that there were difficulties. A whole variety of people -- including the previous owners, realtor and Mr . Lawe -- had been aware of the problems and most of the responsibility lay with thFm. He would � pay to replace the main disconnect he said, but nothing else. What's more, he added, a city electrical inspector fiad told him that if the main disconnect was repaired, my husband and I would �-� have to pay to bring the rest of the electrical system up to code. I told Mr . Warwick that I believed he was responsible for paying for all of the repairs needed to bring the house up to ( code and he disagr.eed and warned me again that .it could mean �} substantial costs to my husband and myself if we made even a small repair on the system because the city would then require � us to bring the rest up to code . � " That sounded to me like an attempt to intimidate us into not pursuing this. I told him that and added that if he did not � deal res�.p,nsibly with us, we intendQd to pursue this to the point of having the city reviQw his license and perhaps pull it . ' ' • Ne said we couldn' t have his license pulled and neither could the city. From what you told me this morning, it �ppears that '� the city does indeed have the ability to pull Mr . Warwick 's license. Mr . Warwick also warned me that if we pursued this into � court� it would cost us money. I told him I was well aware of that . My main concern, a5 I told you this morning, is that my � � family continues to Iive in a house with what Mr . Heinen describps as a dangerous electrical system while this remains � unresolved . It now appears that Mr . tJarwick 's cooperative attitude has disappeared and he is trying to lay the blama at . ` other doors. , � ) My second concern, however, is that Mr . 1Jarwick appears to be trying to intimidate us and prevent us from pursuing �this. He seFms to be putting tremendous energy into finding ather pQOp1Q � to take the blame. I am a persistent person and I won' t give up, ` but I ' ll bet mast people would at this point . My question for you is: Is it in the best intarest of the City of St . Paul or i its residents to license a truth-in-housing inspector who sEems ) this reluctant to take responsibility for the inspections ha performs? � We did not anticipate such a problem because when we snld our home in Minneapolis, the truth-in-housing inspFCtor was " meticulous. Inspectors like that give the truth-in-housing program tremendous credibility . Inspectors like Mr . Warwick � damage that credibility. Even if there were other people who knew of pro6lems and did not tell us� it does not free Mr . Warwic.k� from his � responsibility to do a competent inspection . �If there had be¢n any hint on the truth�in-housing form that there were Flectrical problems in the house we would have investigated further before J � ' . 3 ' � 'buying the home. But there wasn' t . In fact� Mr . Warwick reports � � in the form that the house is up to code. Now he is trying to limft his damages. It is nur opinion that if other electrical j work �must be done in ord�r to repair thQ problems that arQ � directly his responsibility, then he must also pay for those repairs. � � We hope that the city of St . Paul will stand my its truth- in-housing program and counsel Mr . Warwick to deal with us in a morQ responsible fashion . We also hope you will advisQ him that this situstion needs to be dealt with in a timely way, because � we are concerned abeut the safety of this system. I am willing ta testify to the information contained in this letter if that would help you. ., '� ' Sincerely, t i � 1 Kate Parry� , (h> 69B-6038 k • tw) 372-1703 1 � � � � i � � . l f � . � � � A j . � ' _ � � .��• ..: CITY OF SAIhT PAU `'� -'• DEPARTMENT OF COMti1UNITY SERVICES IIIIR. .E' ' � ,� BUILDING INSPECTION AnD DESIGN DIVISION `� City Hali,Saint Paui,l.4;nnesots 55102 612•298a2t2 pRGELATIMER October 3�, 148� MAYOR 1 Richard kTarwick . � 306 So. Exchange St. Paul, PL�. 55102 -� ' Re: 2077 1+'elleslep De�r *ir. �'arwick: J� I recently met with John McCormick, assistant city attorney, to discuss youz unwillingness to send a written response regarding . t;;e cca,...-.plaint about your evaluation of 2077 4.'ellesley Street. He ' � ' a2�•isec� �e that you are obligated to respond to a request from the 3o�rd. I am enclosing a copy of the "Code of Ethics" you signed on Septe�ber 11, 1951. As }ou can see, ite� "8" clearly requires ` .�eu to ,-espc;td_to reouests fzoa the Bo2rd. Further, vour re:usal 1 t: re=�c::c �.a; zesult in the suspens�oa or revocetion of }•our CE_:_::CELE. � I ��: cnce again requesting th�t you send �e a written response to the ce�pl�int regarding your evsluatioa oi 2077 i.'ellesley Street. 1 I: �.•ou havE an}� questions, please feel free to call me at 2?�-4153. 1 j . Sincerelr, • �� i/(.(.t.�-- /�- . - f ' � �. Steven R. Roy, upervisor �, Truth-in-Sale of Housing � SRR/lb � ' : ` • cc: Tho�as Delsney, Chairperson, Tzuth-in-1?sg. � . � • � � j � � • .1 � � . � � �-� �' — � . , TFUTH-II:-S�.Z,E OF HOUSING I � � � �� - , f.DJ�,=SS r?.G% 7 ��I�s Ic-y NYC. DATE CEI�SUS TFc�:CT � T�-r�U�:TOR � C O?:PI.�:I r'T DATl�: CO*:PI�II:F�.�'T 7�DDRESS � PHOI'E NO. � DATE � 1�� .'�J. IC� .,�.,�...-...��s.1� � � . . .1 , — /. -�..u! -f� y,�,.�. �.= F.��.• :�� .1 E E � � � . .�.� , - -t—.� .� w,� JI i �/ � � / ) % Jn rc U L'�. '�/, •'S.c.t �..t+./�.1.'r .•.� ,:., •t� '��.'�i:.:;/ I • '/` yf/+a�/� / �1 1 J' � ✓ � . `/ . ! .`r / , '� j - „ ' _� � �• r , 1 `�0 , — � �%' . 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' �;� � +;' i}'. . �/f �F.1 " i.j�� { �--... `. . ` ,.., f . �. .� • _ _��i�` . ..��_ :•/L" '. �',._� ' X :' . ; '�' _ ✓ •�•�S �:•►-w--,4:.�;��--. . _ _� , _ . . ,. { _ �-- .:- • ' � . 1�t' . .. ._ -►o� r: f . ..: • H+ - . . � �� , ,� �1�"^�� T�i J I �1 t ;,.t . ��, �j�i� .�T� •. . �.i'�� ;e ..,.: 7/ � .. ` . ._ � 4`-�- '�� '�-�:---�. ' ' . . . .. . '�� - ';,= • '�""7'�r` '4�- �"; �-`----� �,,-.-� `-... � , . � . ��--yr�►+�v-''. �:�-1� �-�`"?' ',� . v"`"`�`' �-�" ,��e� _��L—_ . . i ,p . . f�`'`-- , �,�c '-F i,-�.,�. 7`� cz,� � . l ,� ,�i_ . . . ,, �`'•��"� �`''� .�G.t .,�.�, l � �� . �' �-i � ' . May io, 1988 Thomas Delaney . Chairperson � � T±uth-in-Sale-of-Housing Board ' � Division of Public Health 555 Cedar Street �ICK WARWIC$ Saint Paul, Mn. 55101 IIYSPECTOR OF A0J1lES 29Z-8918 Mr. Chairperson: l806 S.Eze�anse St. Isc.P.nl,l►�ssioz I request an appeal hearing, concernin our recommendation tor gY canceuation of a�► license to perform Truth-in-Housing inspections. l I did not provide Steve Roy with a written response of �}r second � inspection of the compliant property at 2077 Wellesley Ave. I had received a letter from apr i�surance provider stating the � city had sent a compliant to them, and I thought that the claim would be settled without �yy input. I consulted with an attorney concerning the liability I.might face with this situation and � facts. Njy fears, regarding this matter, prevented me from re- I • sponding appropriately. In response to the charges that I violated Sections #4,5,&8 of ) " "the Code of Ethics, I would like to express a�y opinion an each ) of these Sections. 4. The evaluator wi.11 be responsible at all times to execute � his duties with due care and in good faith, in compliance with the Laws and regulatio�s of the City of Saint Paul and the Evaluators Code of Ethics. I have at all times acted in good faith doing Truth-in-Housing � inspections for the City of Saint Paul. I have tried to exer- cise due care for the Laws and regulations for the City of Saint Paul. I have never violated, with lmowledge, any provision of ; the Code of Ethics. � . 5. The Evaluator, while acting as such, will not engage in - . conduct that in any way is in violation of any Law or � Ordinance, or is in contravention of good order and decorum. I have at all times acted in a way as to present the best possible image of a�yself and of the T�uth-in-Sale-of-Housing Program. ; I invite �y clients to come along with me during the inspection � to expla3n the maintenance code, as it affects their home. I am interested in their understanding of the parts of the home ; they live in. I have been doing that for 11, years. j S. Failure of the Evaluator to respond to the requests, written or oral, of the Board shall constitue an in- fraction of the Code of Ethics. I now understand that I have not followed this section of the Code of Ethics to the letter. I did not vnderstand that Steve Roy was a member of the Board. But in �y defense, I 8id spend time on the telephone discussing the issues with Steve Roy. I do understand the process for handling :compliants and respond- ing to the Board, now. ; � �� 5 � � � �� I ' ` " � Page 2 � As far as doing an inadequate job of performing an inspection � of the home at 2077 Wellesley Ave, I can only say I've had bet- ter days. During my second inspection of the home I only looked at the electrical system, so �y response is based on the photos that Steve Roy took during his inspection. Let'me follow Steve I �CK �VAI��VICK Roy's format on Page 3 & 4 of his letter dated ?Sarch 25, 1988: INSPECTOR OF BOMES 11. 1. I have stated to the new owner and to Steve Roy that � 292�918 the electrical system has no proper disconnect. �S'�t°s°s�' I di d not open the cover. of the panel during the in- �P•d,MN 55102 speetion. I usually don't pull on the covers of the � , panels, I've had some fall off. 2. There is an old service entrancc panel on the wall in the stairway to the basement. Under normal circum- • stances the panel meets all current requirements, � except for two wires being under one screw. 3. There is no electric bonding 3umper for the electrical . service ground around the meter. I 4. There is an open jnnction box with exposed wires in one of the west side basement storage roo�ns. There has been some removal of walls in the basement since I performed � � this inspection. 5. There is a section of unprotected Romex exiting from the basement extending up the outside of.the west.wall, supplying the dining room sir conditioni.ng receptacle. � This area on the exterior is not accessible from the rear yard, and the area is not observable from the side � yard until right on top of it. Plus it is camoflaged � � by a two color paint 3ob. 6. There is no ph�to on this. 7. The water heater lacks an approved tenperature/pressure relief valve. Does this water heater require an approved type relief valve? Based on the age and no shut- . off valve. 8. The sectian of pipe on top of the water heater leadi.ng � .:. to the furnace vent is heavily discolored. I can't tell what type of ,material it is. 9.The vent connector for the water heater is quite laa�g and enters the furaace nent in a Tee rather thau a '."lye �i connection. The furnace vent was approved by the City. And the connection to the water beater vent. 10. There is a section of waste pipe improperly tapped � into the side of the main soil stack. The section of � waste pipe may or may not be improper. The Tapped joint shows no signs of inechanical fastening. There is no deterioration of the joint. And there is no signs of leakage. The joint is difficult to determine as to it's type. 11. There is an ungrovnded grounding type of electrical outlet in the kitchen by the basement steps. I did not test the outlet. 12.. The dining room-:�lacks one electrical outlet. See #5. 13.�e bathroom has a� ungounded electrical outlet. Is this a •grounding type electrical outlet? 1 � - , �� Page 3 14. The southeast and west bedroom closets both have f closet lights with exposed light bulbs. � 15. t7est bedroom has two ungrounded grounding type of electric outlets. These may not have been readily � available to test based on fux�Liture and other SICK WAR,WICK material. , This inspection was very long ago, and I can't remember the 1NSPECTOR OF AOMES condition of the property very well. So I can't add very much ' 292-8918 detail concernin the condition of the p y y � 306 s.��.nse s�. g pro ert on the da I ' sc.P.nl,DIIV 55102 �spe cte d it. I di d inspect the property in the even?.D.g after a full day of work. I, like everyone else, can make a mistake ' on � �y. � � . I would like to comment on the discussion of �y insurance probelms. These do not affect a�y ability to perform evaluations. � Or does it deal with the Code of 'Ethics as written. If I am to do i.nspections under this program, I have to be properly insured. Every time I have done a inspection I have been pro- ' • perly insured. That is the requirement of the license .I hold. � , I�JJ�y particular monetary difficulty, and the programs insurance � probelms have added to this listing. I hope that this letter provides an opportunity for you and the � , �- - Board to Understand that I am �mowledgeable about home inspections. I have great interest in continuing as a Truth-in-Housing , Evaluator. I lmow that this experience is an opportunity to learn some of �m�y short coming and renew � dedication to pro- � viding quality home inspections for the City of Saint Paul. � pectful submi.tte , � • i I?ic arwic � Truth-in Housing E�raluator � 306 South Exchange Street � Saint Paul, Mn. 55102 � i ; � �