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00-494Council File # �� ORIGINAL RESOLUTION CI"i'Y OF SAINT PAUL, MINNESOTA Green Sheet # 100418 Presented Refened To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the May 16, 2�00, 2 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 3 Properiv Ap�ealed Appellant 4 908 Arcade Street Amy Shih 5 Decision: Variance granted on the non conforming doars with the following conditions: 1) a11 repairs must be 6 completed within 60 days, 2) when the non conforming doors need to be replaced, they will be replaced with 7 confornung fire rated doors. 8 2338 Marshall Avenue Jean Hansen for VIP Properties 9 Decision: Variance granted on the non confortning doors with the following condifions: 1) the building must 10 otherwise be in compliance, 2) when the non conforming doors need to be replaced, they will be replaced with 11 conforming fire rated doors. 12 795 Sixth Street East (Laid over from 4-18-2000) Ed Reyes for Pagasa L.L.P. 13 Decision: Laid over to the June 20, 2000, Properry Code Enforcement meeting. 14 1021 Hudson Road Lynette Swaser 15 Decision: Laid over to the June 20, 2000, Properry Code Enforcement meeting. � 16 714 Hawthorne Avenue East Kenneth Shutes 17 Decision: Laid over to a Special Property Code Enforcement Meeting on May 23, 2000. Property Code Enfarcement of May 16, 2000 Green Sheet 100418 dd ,�9� 1 2 3 4 5 6 7 8 Yeas Nays Absent Blakey ✓ Coleman ,/ Harris ,/ Benanav �/ Reiter � Bostrom ,/ Lantry J C� O 9 10 11 Adopted by Council: Date: 300 � 12 13 Adoptio Certified by Co}�cil Secretary 14 By: `�� � I� ���_ � 15 Approved by Mayor: Date f 3 � 16 By:_ C'�..,. . /J .L _ // � Requested by Deparnnent of: I� Form Approved by City Attorney : Approved by Mayor for Submission to Council : �J dO= �9� DFPARTMINT/OFfICElCOUNCIL oA7E1Nmp7ED � � , j p City Council 0£fices 5-17-2000 GREEN SHEET NO f�"' '� v CONTAC7 PERSON 8 PNONE InMimlma� InXlauws. Gerry Strathman, 266-8560 � �,� MUST BE ON COUNCIL AGENDA BY (DAT� ❑ ❑ May 24, 2000 � �.� �,,� xunem sax aartx�c �� wMwu,uamncoow. m�xcu�mm�ctro ❑wroRta��san�xrl ❑ TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) C710N REOUESTm Approving the May 16, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addxesses: 908 Arcade Stxeet, 2338 Marshall Avenue, 795 SixCh Street East, 1021 Hudson Road, and 714 Hawthorne Avenue East. RECA M NDATIONApprove A)or 2J2CY ) PERSONALSERVICEfAN7RACi5NUSTANSWERTXEFOLLAWIN6QUES7ION5[ 1. HdstttiSPe���evefworkedunderH�oMrBCtfarllticdep2RmeM7 PLANNINGCOMMISSION YES NO CIBCOMMITTEE z. HasMiep�saifi�neverbeenadcyempwyeea CIVILSERVICECOMMISSION VES � 3 Dceslhis Pe��� P� e SId6 not normellYD�beetl bJ �+Y Curtmt ciFl emP�oY�? YE3 NO 4. Iatluape�saK�mata�petetivendoYt � YES NO F�lein aU Yes a�we�s un sePa��e aheM aM aUach m 9reen al�eet INITIATWG pROBLEM ISSUE, OPPORTUNITY (WM, Whet, When. Where. Wlly) ADVANTAGESIFAPPROVED �`���"�{i �^S::�P��S ���i°C ��'' � �. � �� 4 is�s DISAOVANTAGES IF APPROVED DISADVANTAGES IF NOT APPFtOVED TOTALAMOUNTOFTRANSAC710Nf COS7lREVENUEBUDOETED(GRCLEON� VES NO FUNDIN6 SOURCE ACTNITY NUMBER FlNFNGAL INFORMATION (IXPWN) oo-y�y � �. NOTES OF THE PROPERTY CODE ENFORCBMENT MEETING Tuesday, May 16, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 1:30 p.m. STAFF PRESENT: Joel Essling, Code Enforcement; Pat Fish, Fire Prevenfion; Dick Lippert, Code Enforcement 908 Arcade Street (No one appeazed to represent the property.) Pat Fish reported the owner has significant work to do for the certificate of occupancy. She asked that the hearing officer add a condition that the owner complete the repairs within 60 days. (Ms. Fish presented a reinspection checklist.) Gerry Strathman granted a variance on the non confomung doors with the following conditions: 1) a11 repairs must be compieted within 6Q days, 2) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors. 2338 Marshall Avenue (No one appeazed to represent the properiy.) Pat Fish reported she had no objection to a vaziance being granted. Gerry Strathman granted a variance on the non conforming doors with the following conditions: 1} the building must otherwise be in compliance, 2) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors. 795 Sixth Street East (Laid over from 4-18-2000) (No one appeazed to represent the property.) Pat Fish reported Mr. Reyes had his son meet her at the building, and an inspection was done unit by unit. There were a few units that she did not get into. There is a list of 146 violations in the building, including an alligator in one of the bathtubs. It is not unreasonable that Fire Prevention took the action that the building was not being maintained. The certificate of occupancy is still revoked. Gerry Strathman asked is she recommending the revocation be approved or should the owner be granted additional6me. Ms. Fish responded the owner has additional tune to get the 146 items oo- v,�,v� PROPERTY CODE ENFORCEMENT NOTES OF MAY 16, 2000 Page 2 repaired. In order to restore the certificate of occupancy, Ms. Fish needs to sign a statement that the buiiding is up to code. She is hesitant to do that. Mr. Strathman asked is she intending to require the building to be vacated. Ms. Fish responded she intends to ea�tend the period oftnne. It is standard to grant 30 days even though she does not anticipate all items will be done in that time. With the housing shortage, it would be unreasonable to displace the tenants because there are no imxnediate lift safety issues; however, the owner needs to get these repairs done in a reasonable amount of time. (Ms. Fish presented a copy of the deficiencylconection list.) Gerry Strathman laid over this matter to the June 20, 2000, Property Code Enforcement meeting. If the owner is making progress, the matter will be laid over again. 1021 Hudson Road Gerry Strathxnan stated he received a ca11 from the inspector indicating he had given the owner additional time to make the necessary repairs subject to the understanding that the building would be inspected on May 17. Mr. Strathinan laid over to the June 2Q, 2000, Property Code Enforcement meeting to make sure the inspection was conducted and the plan for repairs is developed. 71d Hawthorne Avenue East Kenneth Shutes, tenant and caretalcer, appeared and stated the owner is suppose to meet him here. Mr. Shutes went to court with his sister last Thursday, and he was given permission to repair the property, which he and his brother are doing. The money she gave to the courts will be released to him. The landlord agreed to this. Mr. Shutes brings in the receipts and will be reimbursed. Dick Lippert reported there has been a long history of non compliance with this building. Code Enforcement was called to this building by the 5aint Paul Police FORCE Unit as a result of them execuring a search warrant on May 9. Prior to Code Enforcement getting there, the second floor had already been condemned and ardered vacated. There has been both criminal and civil court proceedings regazding the upstairs unit, but there has not been an appeal or administrative action taken against the condemnation. Upon inspection, Mr. Lippert found the building dilapidated. With criminal and civil action going on in the court, there was not much prospect of getting compliance. There aze major systemic problems with the building plus broken windows, the furnace is not vented properly, and big holes in the plaster. Code Enforcement condemned the properry, amended the condemnation of the upper uxut, and additionally condemned the lower unit. oc�-y�y PROPERTY CODE ENFORCEMENT NOTES OF MAY 16, 2000 Page 3 Mr. Stratlunan stated there is a civil court proceeding whereby they aze withholding rent and going to give it to Mr. Shutes to pay for the cost of the repairs. Mr. Strathman asked is it his view that this will be insufficient. Mr. Lippert responded Code Enforcement wants the building repaired, and they do not care who does it. Their interest is the building should not be occupied while that happens. Once there is code compliance in the building, occupancy is fine. Tom Zachary, owner, appeazed and stated he is puzzled why the police were called to the properry. He is concerned that they are using code compliance to drive African American families out of an all white neighborhood. That is why he appealed this. Mr. StraUunan stated the inspecfion dated 5-11-00 lists 22 items, and some seem quite serious: the furnace is not properly vented, there are electrical hazards, the ceiling is falling, broken windows, rodents. Mr. Zachaty responded he thought the fiimace was under code. He bought the building with this furnace in it. Mr. Strathxnan asked has he seen the list. Mr. Zachary responded he had not seen it so he came to get a copy. Mr. Strathman stated it was mailed to him at 590 University, 714 E. Hawthorne and 2961 Arkansas Avenue West in Inver Grove Heights. Mr. Zachary responded 590 University is where he teaches. Mr. Strathman asked is it his position that the house is fit to be occupied as it sits now. Mz. Zachary responded there needs to be some repairs, but they can be done while the tenants are there. Mr. Strathman asked when the repairs wiil be completed. Mr. Shutes responded the upstairs are almost done, and the main things on the list are almost done. The holes haue been fixed. Fixing the windows and painting are left. He will have to call someone about the heafing and electrical. Right now, they aze not using heat. When he first moved there, a heater had been installed. Does he think the building is suitable for occupancy in a week or two, asked Mr. Stratl�man. Mr. Shutes responded yes. They have worked on it everyday. Mr. Zachary asked what is wrong with the furnace. Mr. Strathman responded it is not vented properly. Mr. Lippert responded it is disconnected. Joel Essling responded the holes and the vents were covered with aluminum foil. Are you prepazed to have the furnace inspected and repaired, asked Mr. Strathman. Mr. Zachary responded he can haue someone take a look at it. Mr. Strathman stated he is concerned about the electrical: exposed wiring, missing light fixtures, broken switches. Mr. Zachary asked which unit. Mr. Strathman responded the notice just reads general. Mr. Lippert added there is also a lack of outlets. oo-y�y PROPERTY CODE ENFORCEMENT NOT'ES OF MAY 16, 2000 Page 4 Mr. Zachazy asked how many oudets per room and shouldn't the inspector know. Mr. Lippert responded the code is specific. It depends on the square footage. An electrician should be able ta tell him. Mr. Zachary stated this is his fiustration with the whole process: people tell him he needs things, but he cannot get his questions answered. Mr. Strathman responded Mr. Lippert can give an answer if he knows the square footage of the room. If Mr. Zachary feels the number of outlets aze sufficient, then it can be measured and calculated. Mr. Zachary responded he would prefer that an inspector measure and calculate before he spends $30 an hour to bring in an electrician. Mr. Lippert responded the required code compliance inspection would be much more detailed. Mr. Zachary stated he is bothered that an inspector was there when the police kicked the door in. It is making him think there is something else going on here, and he will get to the bottom of it. Mr. Strathman stated the issue is that the City inspector made a deternunafion on May 11 that he considers this property unfit for human habitation. Mr. Strathman understands that Mr. Shutes is doing work to address some of the issues; however, he is not addressing the heating and the electrical. Mr. Strathman asked is Mr. Zachary going to take care of these things. Mr. Zachary responded he will have a heating person look at the fitrnace. Mr. Strathman asked about having an electrician look at the electrical. (Mr. Zachary gaue no answer.) He is also concerned about the rodent infestation, stated Mr. Strathman. Some items aze being addressed, but some items require the involvement ofprofessionals. He is not getting the impression that Mr. Zachary is prepazed to hire professionals. If he had reason to believe that professionals would come to the address to fix these items, he would be willing to grant additional time. If not, the appeal can be denied. Mr. Zachary responded he will haue someone look at this, but he wanted to voice his total frustration with this process in general. Mr. Zachary asked were there any African American inspectors yet. Mr. Strathman responded he would not lrnow, but it should not make any difference. Mr. Zachary stated if African Americans � are going to be driven from their home, then there should be African American inspectors. Mr. Strathman asked again about a professional going to the properry. Mr. Zachary responded Mr. Shutes will not tolerate him not fixing things, and someone will be sent to look at the electrical and the furnace. Mr. Zachary asked is the City going to remedy the situation that there are no African American inspectors. Mr. Strathman responded Mr. Zachary will have to speak to the Mayor. Mr. Zachary stated he will talk to the NAACP to see if something can be done about this because this is insulting. Mr. Strathman stated he believes the condemnation order was correct and is sustainable. In order to try to get this remedied, he is willing to hold this over for three weeks (the next properly code enforcement meeting). If things aze remedied by that rime, the condemnation order will be lifted oc�- ��� PROPERTY CODE ENFORCEMENT NOTES OF MAY 16, 2000 Page 5 by the inspectot If things aze not remedied in tluee weeks, he will decide what to do at that point. Mr Lippert stated he strongly objects to any more time being granted. He is concerned that there will be people in this building far three weeks and a code compliance inspection will not be ordered. Mr. Strathman stated this will be laid over to May 23 instead of the next properiy code enforcement meeting because this is a matter of some significance. If there is a code compliance inspection and progress being made toward the heating and electrical problems by May 23, then there can be a discussion about granting additional time. Mr. Zachary asked what happens to the people that the City has made homeless. Mr. Strathman responded they can stay there one more week and then the matter will be looked at again. Gerry Strathman laid over this matter to a Special Properiy Code Enforcement Meeting on May 23, 2000, 1:30 p.m. The meeting was adjoumed at 1:57 p.m. rrn Council File # �� ORIGINAL RESOLUTION CI"i'Y OF SAINT PAUL, MINNESOTA Green Sheet # 100418 Presented Refened To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the May 16, 2�00, 2 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 3 Properiv Ap�ealed Appellant 4 908 Arcade Street Amy Shih 5 Decision: Variance granted on the non conforming doars with the following conditions: 1) a11 repairs must be 6 completed within 60 days, 2) when the non conforming doors need to be replaced, they will be replaced with 7 confornung fire rated doors. 8 2338 Marshall Avenue Jean Hansen for VIP Properties 9 Decision: Variance granted on the non confortning doors with the following condifions: 1) the building must 10 otherwise be in compliance, 2) when the non conforming doors need to be replaced, they will be replaced with 11 conforming fire rated doors. 12 795 Sixth Street East (Laid over from 4-18-2000) Ed Reyes for Pagasa L.L.P. 13 Decision: Laid over to the June 20, 2000, Properry Code Enforcement meeting. 14 1021 Hudson Road Lynette Swaser 15 Decision: Laid over to the June 20, 2000, Properry Code Enforcement meeting. � 16 714 Hawthorne Avenue East Kenneth Shutes 17 Decision: Laid over to a Special Property Code Enforcement Meeting on May 23, 2000. Property Code Enfarcement of May 16, 2000 Green Sheet 100418 dd ,�9� 1 2 3 4 5 6 7 8 Yeas Nays Absent Blakey ✓ Coleman ,/ Harris ,/ Benanav �/ Reiter � Bostrom ,/ Lantry J C� O 9 10 11 Adopted by Council: Date: 300 � 12 13 Adoptio Certified by Co}�cil Secretary 14 By: `�� � I� ���_ � 15 Approved by Mayor: Date f 3 � 16 By:_ C'�..,. . /J .L _ // � Requested by Deparnnent of: I� Form Approved by City Attorney : Approved by Mayor for Submission to Council : �J dO= �9� DFPARTMINT/OFfICElCOUNCIL oA7E1Nmp7ED � � , j p City Council 0£fices 5-17-2000 GREEN SHEET NO f�"' '� v CONTAC7 PERSON 8 PNONE InMimlma� InXlauws. Gerry Strathman, 266-8560 � �,� MUST BE ON COUNCIL AGENDA BY (DAT� ❑ ❑ May 24, 2000 � �.� �,,� xunem sax aartx�c �� wMwu,uamncoow. m�xcu�mm�ctro ❑wroRta��san�xrl ❑ TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) C710N REOUESTm Approving the May 16, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addxesses: 908 Arcade Stxeet, 2338 Marshall Avenue, 795 SixCh Street East, 1021 Hudson Road, and 714 Hawthorne Avenue East. RECA M NDATIONApprove A)or 2J2CY ) PERSONALSERVICEfAN7RACi5NUSTANSWERTXEFOLLAWIN6QUES7ION5[ 1. HdstttiSPe���evefworkedunderH�oMrBCtfarllticdep2RmeM7 PLANNINGCOMMISSION YES NO CIBCOMMITTEE z. HasMiep�saifi�neverbeenadcyempwyeea CIVILSERVICECOMMISSION VES � 3 Dceslhis Pe��� P� e SId6 not normellYD�beetl bJ �+Y Curtmt ciFl emP�oY�? YE3 NO 4. Iatluape�saK�mata�petetivendoYt � YES NO F�lein aU Yes a�we�s un sePa��e aheM aM aUach m 9reen al�eet INITIATWG pROBLEM ISSUE, OPPORTUNITY (WM, Whet, When. Where. Wlly) ADVANTAGESIFAPPROVED �`���"�{i �^S::�P��S ���i°C ��'' � �. � �� 4 is�s DISAOVANTAGES IF APPROVED DISADVANTAGES IF NOT APPFtOVED TOTALAMOUNTOFTRANSAC710Nf COS7lREVENUEBUDOETED(GRCLEON� VES NO FUNDIN6 SOURCE ACTNITY NUMBER FlNFNGAL INFORMATION (IXPWN) oo-y�y � �. NOTES OF THE PROPERTY CODE ENFORCBMENT MEETING Tuesday, May 16, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 1:30 p.m. STAFF PRESENT: Joel Essling, Code Enforcement; Pat Fish, Fire Prevenfion; Dick Lippert, Code Enforcement 908 Arcade Street (No one appeazed to represent the property.) Pat Fish reported the owner has significant work to do for the certificate of occupancy. She asked that the hearing officer add a condition that the owner complete the repairs within 60 days. (Ms. Fish presented a reinspection checklist.) Gerry Strathman granted a variance on the non confomung doors with the following conditions: 1) a11 repairs must be compieted within 6Q days, 2) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors. 2338 Marshall Avenue (No one appeazed to represent the properiy.) Pat Fish reported she had no objection to a vaziance being granted. Gerry Strathman granted a variance on the non conforming doors with the following conditions: 1} the building must otherwise be in compliance, 2) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors. 795 Sixth Street East (Laid over from 4-18-2000) (No one appeazed to represent the property.) Pat Fish reported Mr. Reyes had his son meet her at the building, and an inspection was done unit by unit. There were a few units that she did not get into. There is a list of 146 violations in the building, including an alligator in one of the bathtubs. It is not unreasonable that Fire Prevention took the action that the building was not being maintained. The certificate of occupancy is still revoked. Gerry Strathman asked is she recommending the revocation be approved or should the owner be granted additional6me. Ms. Fish responded the owner has additional tune to get the 146 items oo- v,�,v� PROPERTY CODE ENFORCEMENT NOTES OF MAY 16, 2000 Page 2 repaired. In order to restore the certificate of occupancy, Ms. Fish needs to sign a statement that the buiiding is up to code. She is hesitant to do that. Mr. Strathman asked is she intending to require the building to be vacated. Ms. Fish responded she intends to ea�tend the period oftnne. It is standard to grant 30 days even though she does not anticipate all items will be done in that time. With the housing shortage, it would be unreasonable to displace the tenants because there are no imxnediate lift safety issues; however, the owner needs to get these repairs done in a reasonable amount of time. (Ms. Fish presented a copy of the deficiencylconection list.) Gerry Strathman laid over this matter to the June 20, 2000, Property Code Enforcement meeting. If the owner is making progress, the matter will be laid over again. 1021 Hudson Road Gerry Strathxnan stated he received a ca11 from the inspector indicating he had given the owner additional time to make the necessary repairs subject to the understanding that the building would be inspected on May 17. Mr. Strathinan laid over to the June 2Q, 2000, Property Code Enforcement meeting to make sure the inspection was conducted and the plan for repairs is developed. 71d Hawthorne Avenue East Kenneth Shutes, tenant and caretalcer, appeared and stated the owner is suppose to meet him here. Mr. Shutes went to court with his sister last Thursday, and he was given permission to repair the property, which he and his brother are doing. The money she gave to the courts will be released to him. The landlord agreed to this. Mr. Shutes brings in the receipts and will be reimbursed. Dick Lippert reported there has been a long history of non compliance with this building. Code Enforcement was called to this building by the 5aint Paul Police FORCE Unit as a result of them execuring a search warrant on May 9. Prior to Code Enforcement getting there, the second floor had already been condemned and ardered vacated. There has been both criminal and civil court proceedings regazding the upstairs unit, but there has not been an appeal or administrative action taken against the condemnation. Upon inspection, Mr. Lippert found the building dilapidated. With criminal and civil action going on in the court, there was not much prospect of getting compliance. There aze major systemic problems with the building plus broken windows, the furnace is not vented properly, and big holes in the plaster. Code Enforcement condemned the properry, amended the condemnation of the upper uxut, and additionally condemned the lower unit. oc�-y�y PROPERTY CODE ENFORCEMENT NOTES OF MAY 16, 2000 Page 3 Mr. Stratlunan stated there is a civil court proceeding whereby they aze withholding rent and going to give it to Mr. Shutes to pay for the cost of the repairs. Mr. Strathman asked is it his view that this will be insufficient. Mr. Lippert responded Code Enforcement wants the building repaired, and they do not care who does it. Their interest is the building should not be occupied while that happens. Once there is code compliance in the building, occupancy is fine. Tom Zachary, owner, appeazed and stated he is puzzled why the police were called to the properry. He is concerned that they are using code compliance to drive African American families out of an all white neighborhood. That is why he appealed this. Mr. StraUunan stated the inspecfion dated 5-11-00 lists 22 items, and some seem quite serious: the furnace is not properly vented, there are electrical hazards, the ceiling is falling, broken windows, rodents. Mr. Zachaty responded he thought the fiimace was under code. He bought the building with this furnace in it. Mr. Strathxnan asked has he seen the list. Mr. Zachary responded he had not seen it so he came to get a copy. Mr. Strathman stated it was mailed to him at 590 University, 714 E. Hawthorne and 2961 Arkansas Avenue West in Inver Grove Heights. Mr. Zachary responded 590 University is where he teaches. Mr. Strathman asked is it his position that the house is fit to be occupied as it sits now. Mz. Zachary responded there needs to be some repairs, but they can be done while the tenants are there. Mr. Strathman asked when the repairs wiil be completed. Mr. Shutes responded the upstairs are almost done, and the main things on the list are almost done. The holes haue been fixed. Fixing the windows and painting are left. He will have to call someone about the heafing and electrical. Right now, they aze not using heat. When he first moved there, a heater had been installed. Does he think the building is suitable for occupancy in a week or two, asked Mr. Stratl�man. Mr. Shutes responded yes. They have worked on it everyday. Mr. Zachary asked what is wrong with the furnace. Mr. Strathman responded it is not vented properly. Mr. Lippert responded it is disconnected. Joel Essling responded the holes and the vents were covered with aluminum foil. Are you prepazed to have the furnace inspected and repaired, asked Mr. Strathman. Mr. Zachary responded he can haue someone take a look at it. Mr. Strathman stated he is concerned about the electrical: exposed wiring, missing light fixtures, broken switches. Mr. Zachary asked which unit. Mr. Strathman responded the notice just reads general. Mr. Lippert added there is also a lack of outlets. oo-y�y PROPERTY CODE ENFORCEMENT NOT'ES OF MAY 16, 2000 Page 4 Mr. Zachazy asked how many oudets per room and shouldn't the inspector know. Mr. Lippert responded the code is specific. It depends on the square footage. An electrician should be able ta tell him. Mr. Zachary stated this is his fiustration with the whole process: people tell him he needs things, but he cannot get his questions answered. Mr. Strathman responded Mr. Lippert can give an answer if he knows the square footage of the room. If Mr. Zachary feels the number of outlets aze sufficient, then it can be measured and calculated. Mr. Zachary responded he would prefer that an inspector measure and calculate before he spends $30 an hour to bring in an electrician. Mr. Lippert responded the required code compliance inspection would be much more detailed. Mr. Zachary stated he is bothered that an inspector was there when the police kicked the door in. It is making him think there is something else going on here, and he will get to the bottom of it. Mr. Strathman stated the issue is that the City inspector made a deternunafion on May 11 that he considers this property unfit for human habitation. Mr. Strathman understands that Mr. Shutes is doing work to address some of the issues; however, he is not addressing the heating and the electrical. Mr. Strathman asked is Mr. Zachary going to take care of these things. Mr. Zachary responded he will have a heating person look at the fitrnace. Mr. Strathman asked about having an electrician look at the electrical. (Mr. Zachary gaue no answer.) He is also concerned about the rodent infestation, stated Mr. Strathman. Some items aze being addressed, but some items require the involvement ofprofessionals. He is not getting the impression that Mr. Zachary is prepazed to hire professionals. If he had reason to believe that professionals would come to the address to fix these items, he would be willing to grant additional time. If not, the appeal can be denied. Mr. Zachary responded he will haue someone look at this, but he wanted to voice his total frustration with this process in general. Mr. Zachary asked were there any African American inspectors yet. Mr. Strathman responded he would not lrnow, but it should not make any difference. Mr. Zachary stated if African Americans � are going to be driven from their home, then there should be African American inspectors. Mr. Strathman asked again about a professional going to the properry. Mr. Zachary responded Mr. Shutes will not tolerate him not fixing things, and someone will be sent to look at the electrical and the furnace. Mr. Zachary asked is the City going to remedy the situation that there are no African American inspectors. Mr. Strathman responded Mr. Zachary will have to speak to the Mayor. Mr. Zachary stated he will talk to the NAACP to see if something can be done about this because this is insulting. Mr. Strathman stated he believes the condemnation order was correct and is sustainable. In order to try to get this remedied, he is willing to hold this over for three weeks (the next properly code enforcement meeting). If things aze remedied by that rime, the condemnation order will be lifted oc�- ��� PROPERTY CODE ENFORCEMENT NOTES OF MAY 16, 2000 Page 5 by the inspectot If things aze not remedied in tluee weeks, he will decide what to do at that point. Mr Lippert stated he strongly objects to any more time being granted. He is concerned that there will be people in this building far three weeks and a code compliance inspection will not be ordered. Mr. Strathman stated this will be laid over to May 23 instead of the next properiy code enforcement meeting because this is a matter of some significance. If there is a code compliance inspection and progress being made toward the heating and electrical problems by May 23, then there can be a discussion about granting additional time. Mr. Zachary asked what happens to the people that the City has made homeless. Mr. Strathman responded they can stay there one more week and then the matter will be looked at again. Gerry Strathman laid over this matter to a Special Properiy Code Enforcement Meeting on May 23, 2000, 1:30 p.m. The meeting was adjoumed at 1:57 p.m. rrn Council File # �� ORIGINAL RESOLUTION CI"i'Y OF SAINT PAUL, MINNESOTA Green Sheet # 100418 Presented Refened To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the May 16, 2�00, 2 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 3 Properiv Ap�ealed Appellant 4 908 Arcade Street Amy Shih 5 Decision: Variance granted on the non conforming doars with the following conditions: 1) a11 repairs must be 6 completed within 60 days, 2) when the non conforming doors need to be replaced, they will be replaced with 7 confornung fire rated doors. 8 2338 Marshall Avenue Jean Hansen for VIP Properties 9 Decision: Variance granted on the non confortning doors with the following condifions: 1) the building must 10 otherwise be in compliance, 2) when the non conforming doors need to be replaced, they will be replaced with 11 conforming fire rated doors. 12 795 Sixth Street East (Laid over from 4-18-2000) Ed Reyes for Pagasa L.L.P. 13 Decision: Laid over to the June 20, 2000, Properry Code Enforcement meeting. 14 1021 Hudson Road Lynette Swaser 15 Decision: Laid over to the June 20, 2000, Properry Code Enforcement meeting. � 16 714 Hawthorne Avenue East Kenneth Shutes 17 Decision: Laid over to a Special Property Code Enforcement Meeting on May 23, 2000. Property Code Enfarcement of May 16, 2000 Green Sheet 100418 dd ,�9� 1 2 3 4 5 6 7 8 Yeas Nays Absent Blakey ✓ Coleman ,/ Harris ,/ Benanav �/ Reiter � Bostrom ,/ Lantry J C� O 9 10 11 Adopted by Council: Date: 300 � 12 13 Adoptio Certified by Co}�cil Secretary 14 By: `�� � I� ���_ � 15 Approved by Mayor: Date f 3 � 16 By:_ C'�..,. . /J .L _ // � Requested by Deparnnent of: I� Form Approved by City Attorney : Approved by Mayor for Submission to Council : �J dO= �9� DFPARTMINT/OFfICElCOUNCIL oA7E1Nmp7ED � � , j p City Council 0£fices 5-17-2000 GREEN SHEET NO f�"' '� v CONTAC7 PERSON 8 PNONE InMimlma� InXlauws. Gerry Strathman, 266-8560 � �,� MUST BE ON COUNCIL AGENDA BY (DAT� ❑ ❑ May 24, 2000 � �.� �,,� xunem sax aartx�c �� wMwu,uamncoow. m�xcu�mm�ctro ❑wroRta��san�xrl ❑ TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) C710N REOUESTm Approving the May 16, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addxesses: 908 Arcade Stxeet, 2338 Marshall Avenue, 795 SixCh Street East, 1021 Hudson Road, and 714 Hawthorne Avenue East. RECA M NDATIONApprove A)or 2J2CY ) PERSONALSERVICEfAN7RACi5NUSTANSWERTXEFOLLAWIN6QUES7ION5[ 1. HdstttiSPe���evefworkedunderH�oMrBCtfarllticdep2RmeM7 PLANNINGCOMMISSION YES NO CIBCOMMITTEE z. HasMiep�saifi�neverbeenadcyempwyeea CIVILSERVICECOMMISSION VES � 3 Dceslhis Pe��� P� e SId6 not normellYD�beetl bJ �+Y Curtmt ciFl emP�oY�? YE3 NO 4. Iatluape�saK�mata�petetivendoYt � YES NO F�lein aU Yes a�we�s un sePa��e aheM aM aUach m 9reen al�eet INITIATWG pROBLEM ISSUE, OPPORTUNITY (WM, Whet, When. Where. Wlly) ADVANTAGESIFAPPROVED �`���"�{i �^S::�P��S ���i°C ��'' � �. � �� 4 is�s DISAOVANTAGES IF APPROVED DISADVANTAGES IF NOT APPFtOVED TOTALAMOUNTOFTRANSAC710Nf COS7lREVENUEBUDOETED(GRCLEON� VES NO FUNDIN6 SOURCE ACTNITY NUMBER FlNFNGAL INFORMATION (IXPWN) oo-y�y � �. NOTES OF THE PROPERTY CODE ENFORCBMENT MEETING Tuesday, May 16, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 1:30 p.m. STAFF PRESENT: Joel Essling, Code Enforcement; Pat Fish, Fire Prevenfion; Dick Lippert, Code Enforcement 908 Arcade Street (No one appeazed to represent the property.) Pat Fish reported the owner has significant work to do for the certificate of occupancy. She asked that the hearing officer add a condition that the owner complete the repairs within 60 days. (Ms. Fish presented a reinspection checklist.) Gerry Strathman granted a variance on the non confomung doors with the following conditions: 1) a11 repairs must be compieted within 6Q days, 2) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors. 2338 Marshall Avenue (No one appeazed to represent the properiy.) Pat Fish reported she had no objection to a vaziance being granted. Gerry Strathman granted a variance on the non conforming doors with the following conditions: 1} the building must otherwise be in compliance, 2) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors. 795 Sixth Street East (Laid over from 4-18-2000) (No one appeazed to represent the property.) Pat Fish reported Mr. Reyes had his son meet her at the building, and an inspection was done unit by unit. There were a few units that she did not get into. There is a list of 146 violations in the building, including an alligator in one of the bathtubs. It is not unreasonable that Fire Prevention took the action that the building was not being maintained. The certificate of occupancy is still revoked. Gerry Strathman asked is she recommending the revocation be approved or should the owner be granted additional6me. Ms. Fish responded the owner has additional tune to get the 146 items oo- v,�,v� PROPERTY CODE ENFORCEMENT NOTES OF MAY 16, 2000 Page 2 repaired. In order to restore the certificate of occupancy, Ms. Fish needs to sign a statement that the buiiding is up to code. She is hesitant to do that. Mr. Strathman asked is she intending to require the building to be vacated. Ms. Fish responded she intends to ea�tend the period oftnne. It is standard to grant 30 days even though she does not anticipate all items will be done in that time. With the housing shortage, it would be unreasonable to displace the tenants because there are no imxnediate lift safety issues; however, the owner needs to get these repairs done in a reasonable amount of time. (Ms. Fish presented a copy of the deficiencylconection list.) Gerry Strathman laid over this matter to the June 20, 2000, Property Code Enforcement meeting. If the owner is making progress, the matter will be laid over again. 1021 Hudson Road Gerry Strathxnan stated he received a ca11 from the inspector indicating he had given the owner additional time to make the necessary repairs subject to the understanding that the building would be inspected on May 17. Mr. Strathinan laid over to the June 2Q, 2000, Property Code Enforcement meeting to make sure the inspection was conducted and the plan for repairs is developed. 71d Hawthorne Avenue East Kenneth Shutes, tenant and caretalcer, appeared and stated the owner is suppose to meet him here. Mr. Shutes went to court with his sister last Thursday, and he was given permission to repair the property, which he and his brother are doing. The money she gave to the courts will be released to him. The landlord agreed to this. Mr. Shutes brings in the receipts and will be reimbursed. Dick Lippert reported there has been a long history of non compliance with this building. Code Enforcement was called to this building by the 5aint Paul Police FORCE Unit as a result of them execuring a search warrant on May 9. Prior to Code Enforcement getting there, the second floor had already been condemned and ardered vacated. There has been both criminal and civil court proceedings regazding the upstairs unit, but there has not been an appeal or administrative action taken against the condemnation. Upon inspection, Mr. Lippert found the building dilapidated. With criminal and civil action going on in the court, there was not much prospect of getting compliance. There aze major systemic problems with the building plus broken windows, the furnace is not vented properly, and big holes in the plaster. Code Enforcement condemned the properry, amended the condemnation of the upper uxut, and additionally condemned the lower unit. oc�-y�y PROPERTY CODE ENFORCEMENT NOTES OF MAY 16, 2000 Page 3 Mr. Stratlunan stated there is a civil court proceeding whereby they aze withholding rent and going to give it to Mr. Shutes to pay for the cost of the repairs. Mr. Strathman asked is it his view that this will be insufficient. Mr. Lippert responded Code Enforcement wants the building repaired, and they do not care who does it. Their interest is the building should not be occupied while that happens. Once there is code compliance in the building, occupancy is fine. Tom Zachary, owner, appeazed and stated he is puzzled why the police were called to the properry. He is concerned that they are using code compliance to drive African American families out of an all white neighborhood. That is why he appealed this. Mr. StraUunan stated the inspecfion dated 5-11-00 lists 22 items, and some seem quite serious: the furnace is not properly vented, there are electrical hazards, the ceiling is falling, broken windows, rodents. Mr. Zachaty responded he thought the fiimace was under code. He bought the building with this furnace in it. Mr. Strathxnan asked has he seen the list. Mr. Zachary responded he had not seen it so he came to get a copy. Mr. Strathman stated it was mailed to him at 590 University, 714 E. Hawthorne and 2961 Arkansas Avenue West in Inver Grove Heights. Mr. Zachary responded 590 University is where he teaches. Mr. Strathman asked is it his position that the house is fit to be occupied as it sits now. Mz. Zachary responded there needs to be some repairs, but they can be done while the tenants are there. Mr. Strathman asked when the repairs wiil be completed. Mr. Shutes responded the upstairs are almost done, and the main things on the list are almost done. The holes haue been fixed. Fixing the windows and painting are left. He will have to call someone about the heafing and electrical. Right now, they aze not using heat. When he first moved there, a heater had been installed. Does he think the building is suitable for occupancy in a week or two, asked Mr. Stratl�man. Mr. Shutes responded yes. They have worked on it everyday. Mr. Zachary asked what is wrong with the furnace. Mr. Strathman responded it is not vented properly. Mr. Lippert responded it is disconnected. Joel Essling responded the holes and the vents were covered with aluminum foil. Are you prepazed to have the furnace inspected and repaired, asked Mr. Strathman. Mr. Zachary responded he can haue someone take a look at it. Mr. Strathman stated he is concerned about the electrical: exposed wiring, missing light fixtures, broken switches. Mr. Zachary asked which unit. Mr. Strathman responded the notice just reads general. Mr. Lippert added there is also a lack of outlets. oo-y�y PROPERTY CODE ENFORCEMENT NOT'ES OF MAY 16, 2000 Page 4 Mr. Zachazy asked how many oudets per room and shouldn't the inspector know. Mr. Lippert responded the code is specific. It depends on the square footage. An electrician should be able ta tell him. Mr. Zachary stated this is his fiustration with the whole process: people tell him he needs things, but he cannot get his questions answered. Mr. Strathman responded Mr. Lippert can give an answer if he knows the square footage of the room. If Mr. Zachary feels the number of outlets aze sufficient, then it can be measured and calculated. Mr. Zachary responded he would prefer that an inspector measure and calculate before he spends $30 an hour to bring in an electrician. Mr. Lippert responded the required code compliance inspection would be much more detailed. Mr. Zachary stated he is bothered that an inspector was there when the police kicked the door in. It is making him think there is something else going on here, and he will get to the bottom of it. Mr. Strathman stated the issue is that the City inspector made a deternunafion on May 11 that he considers this property unfit for human habitation. Mr. Strathman understands that Mr. Shutes is doing work to address some of the issues; however, he is not addressing the heating and the electrical. Mr. Strathman asked is Mr. Zachary going to take care of these things. Mr. Zachary responded he will have a heating person look at the fitrnace. Mr. Strathman asked about having an electrician look at the electrical. (Mr. Zachary gaue no answer.) He is also concerned about the rodent infestation, stated Mr. Strathman. Some items aze being addressed, but some items require the involvement ofprofessionals. He is not getting the impression that Mr. Zachary is prepazed to hire professionals. If he had reason to believe that professionals would come to the address to fix these items, he would be willing to grant additional time. If not, the appeal can be denied. Mr. Zachary responded he will haue someone look at this, but he wanted to voice his total frustration with this process in general. Mr. Zachary asked were there any African American inspectors yet. Mr. Strathman responded he would not lrnow, but it should not make any difference. Mr. Zachary stated if African Americans � are going to be driven from their home, then there should be African American inspectors. Mr. Strathman asked again about a professional going to the properry. Mr. Zachary responded Mr. Shutes will not tolerate him not fixing things, and someone will be sent to look at the electrical and the furnace. Mr. Zachary asked is the City going to remedy the situation that there are no African American inspectors. Mr. Strathman responded Mr. Zachary will have to speak to the Mayor. Mr. Zachary stated he will talk to the NAACP to see if something can be done about this because this is insulting. Mr. Strathman stated he believes the condemnation order was correct and is sustainable. In order to try to get this remedied, he is willing to hold this over for three weeks (the next properly code enforcement meeting). If things aze remedied by that rime, the condemnation order will be lifted oc�- ��� PROPERTY CODE ENFORCEMENT NOTES OF MAY 16, 2000 Page 5 by the inspectot If things aze not remedied in tluee weeks, he will decide what to do at that point. Mr Lippert stated he strongly objects to any more time being granted. He is concerned that there will be people in this building far three weeks and a code compliance inspection will not be ordered. Mr. Strathman stated this will be laid over to May 23 instead of the next properiy code enforcement meeting because this is a matter of some significance. If there is a code compliance inspection and progress being made toward the heating and electrical problems by May 23, then there can be a discussion about granting additional time. Mr. Zachary asked what happens to the people that the City has made homeless. Mr. Strathman responded they can stay there one more week and then the matter will be looked at again. Gerry Strathman laid over this matter to a Special Properiy Code Enforcement Meeting on May 23, 2000, 1:30 p.m. The meeting was adjoumed at 1:57 p.m. rrn