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00-983ORIGINAL Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the October 17, 2 2000, decision of the Legislative Hearing Officer on Property Code Enforcement Appeals far the following 3 address: 4 Pro eU riv Ap�ealed Ap eln lant 5 659 Davton Avenue Dennis Siluk 6 Decision: With Unit 7 being the exception, variances aze granted on the nonconforming doors on the following 7 conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire 8 rated doors, 2) the building must otherwise be in compliance. 9 10 11 12 13 14 15 16 17 751 Mount Curve Boulevazd Mary Bakewell far L& M Management, Inc. Decision: Variance g�anted on the nonconforxning doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 601 Pazk Street Scott Albright for Luson Management Co. Decision: V ariance granted on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the building must otherwise be in compliance. 18 426 Michiean Street Elena Medina 19 Decision: Appeal denied on correction notice dated September 7, 2000. 20 666 Laurel Avenue Lee R.Walker 21 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 22 nonconforming doors need to be replaced, they will be replaced with conforxning fire rated doors, 2) the 23 building must otherwise be in compliance. RESOLUTION CITY OF SA{NT PAUL, MINNESOTA Council File # e — qQ'3 Green Sheet # 104016 �� 24 970 Burr Street #2 Monica Crrubbs and Dan Le of SMRLS 25 Decision: Appeal denied on notice of condemnation dated representing Lorrie Walker. 26 October 11, 2000. Green Sheet 104015 00- 2 4 5 6 7 Yeas Nays Absent Blakey ✓ Coleman ✓ Harris Benanav � Reiter � Bostrom � Lanhy ✓ Requested by Department of. � Form Approved by City Attomey � 8 9 10 11 12 13 14 15 Adopted by Council: Date (� ,��^ �.S �ooa Approved by Mayor for Submission to Council � Adoption Cer�fied by Commcil Secretary g y' BY� � � 2�- . �, _ _� Approved by Mayor: Date �V� � �� By , � � ���� Council Offices Gerry Strathman, 266-8560 October 25, 2000 10-19-2000 � TOTAL # OF SIGNATURE PAGES GREEN SHEET ovun�rw�a�art v o -qr3 No1Cf�G16 arcca� � QIYAi100EY ❑ CIIYCIiRK ❑ wwcu�amrcFSOw. � wuxcuu.aom�ccro ❑ WVMI�Ml1tffiTllrt) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Approving the 10-17-2000 decisions of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 659 Dayton Avenue, 751 Mount Curve Boulevard, 601 Park Street, 426 Michigan Street, 666 Laurel Avenue, and 970 Burr Street 4{2. PL4NNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION Flas uis pe�soNfirm everMwked unaer a comiact wr tnis devartmenn VES NO Has thie D���m ever heen a cdY emPbYee? YES NO Ooes this peisonRrm poacess a sldi not namallypossescetl by any curtent city employee9 VES NO Isthis peisonlfirm a tarpeted vendort VES NO ��� �:. , y , ���:�g � ,�a����"�� ' [; �:�t AMOUNT OF TRANSACTION S SOURCE COST/REVENUE BUD6ETm (GRCLE ON� ACTIVITYNUMBER YE3 NO INFORMNTON (IXPWN) �-� �3 �� . PROPERTY CODE ENFORCEMENT MEETING Tuesday, October 17, 2000 Room 330 Courthouse Gerry Strathman, Legisiative Hearing Officer STAFF PRESENT: Mike Kalis, Code Enforcement; Steve Schiller, Code Enforcement; Mike Urmann, Fire Prevention; Maynazd Vinge, Code Enforcement The meeting was called to order at 1:34 p.m. 659 Dayton Avenue Rosa Siluk appeazed and stated she is appealing the requirement to replace the nonconforming doors. Mike Urmann reported that there aze some compliance issues. He would support the appeal if it was pending total code compliance and had an exception for Unit 7 because the door and frame are damaged beyond repair. There will be a reinspection next week. James Gerard, caretaker, appeared and stated Unit 7 has been replaced with fire rated doors. Rosa Siluk gaue Gerry Strathman a letter from her and Dennis Siluk indicating that apartment doors entering corridors that serve ten or more occupants must have 20 minute fire rated doors. The letters argues that no corridors in the building occupy more than 7 units. Mr. Urmann responded the letter speaks of the number of people in the units and not the occupancy load. By square footage, the owners are well over the occupancy load of service to ten people. Mr. Gerard asked what is the squaze footage. Mr. Urmann responded he does not have the law in front of him, but he thivks it is 2,000 square feet. Ms. Siluk stated each unit has 600 square feet. Mr. Strathman stated if there are four units of 600 square feet each, that is at least 2,400 square feet. Gerry Strathman decision is as follows: With Unit 7 being the exception, variances are granted on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforxning fire rated doors, 2) the building must otherwise be in compliance. Mr. Urmann stated he will stay in contact with Yvlr. Siluk to make sure he understands the decision. 751 Mount Curve Boulevard Gerry Strathman stated his understanding is that the Fire Department will support this appeal and it is not necessary for the owner to appeaz. Mike Urmann responded that is correct. Gerty Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confonning fire rated doors, 2) the building must otherwise be in compliance. �c�-�= PROPERTY CODE ENFORCEMENT, OCTOBER 17, 2000 Page 2 601 Park Street Scott Albright, an owner of Lazson Management Co., appeazed and stated he is appealing the requirement to replace the fire doors. Mike Urmann reported he had no problem with a variance. CTerry Strathman granted a variance on the nonconfornung doors on the foilowing conditions: i) when the nonconfonning doors need to be replaced, they will be replaced with confonning fire rated doars, 2) the building must otherwise be in compliance. 426 Michigan Street (Steve Schiller gave Gerry Strathman photographs.) Elena Medina, owner, appeazed and stated three men came to her house and went to the backyard. The shucture in question was present when she purchased the house. The previous owner told her that when it rains, water enters the basement. An inspector called her and told her the structure had to be removed. She cannot afford to have it removed now. She has already put $30,000 into the house. Gerry Strathman asked does this keep water out of the basement. Ms. Medina responded it does. Also, she is a widow and lives on her pension. Mr. Strathman asked does she have an esrimate for removal. Ms. Medina responded $1Q,000 to take down the old structure and build a new one. She feels that inspectors should inform new buyers about problems with a property. Steve Schiller reported that there were three inspectors: two were from the Police Department and one was from Code Enforcement. They had received a complaint regarding someone occupying this property without her permission. A renter is in the basement. Mr. Schiller feels there is a sufficient door on the cellar to prevent water from coming into the cellaz area. Dave Kenyon (from LTEP) went out twice to look at the structure. He wrote a report the second time with the following three points: 1) A shucture of this type requires a building permit from the City, but no permit was obtained for this structure, 2) this structure is attached to the main house and was built on the ground without footings, 3) wali framing and sheeting are unfinished and inadequate. Franung members in the roof aze underspaced and overspanned. Roofing materials used are not visible. Flashing is not visible. In answer to questions by Mr. Strathman, Mr. Schiller responded he has no reason to doubt that the structure was there when Ms. Medina bought the properiy. The structure appears to be five to seven yeazs old. Much of it is not protected by paint. It is rotted, sagging, and has poor construction. There is a possibility that this shucture could collapse, especially if there is a normal winter. 00-��3 PROPERTY CODE ENFORCEMENT, OCTOBER 17, 2000 Page 3 Mr. Stratbman asked what would be the normal procedure if the structure is not removed by the owner. Mr. Schiller responded the owner would be formally notified with a sununary abatement order. She will have ten days to respond to it. If it stili is not removed, the City will remove it and it will be assessed to her pmperry taxes. Mr. Sirathman explained to Ms. Medina that having the Ciiy remove it will be very expensive. She should have a private individual remove the structure. Gerry Strathman denied the appeal on the correction notice dated September 7, 2000. The orders to remove the shucture are reasonable and appropriate. This is an illegal stnxcture that was built without pemuts and not in accordance with building codes. It might even constitute a hazard. Ms. Medina expressed concern about water entering the basement when the structure is removed. 666 Laurel Avenue Lee R.Walker, owner, appeared and stated he is asking for a variance from the requirement to insta1120 minute fire rated doors. Mike Urmann reported he has no issue with this building. Gerry Strathman granted a variance on the nonconfomung doors on the foilowing condi6ons: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 970 Burr 5treet #2 Mike Kalis reported he received a complaint from NSP that the elechicity was shut off in this unit. The box had been damaged by someone and NSP removed the meter. The meter box has to be repaired by a licensed contractor. There is no electrical service there. Maynard Vinge reported that Code Enfarcement issued orders because there is no basic facility to the unit, namely electricity. Dan Le of 5MRLS (Southern Minnesota Regional Legal Services), representing Lorrie Walker, appeared and stated he has filed a tenant remedy action to rectify. He has a court date on October 24. It is their position that the landlord has failed to address this necessary repair. The landlord's failure to do so is a conshuctive eviction of his client. Mr. Strathman asked is it his clienY s view that the landlord l�as interrupted the electrical supply for the express purpose of requiring her to move out. Mr. Le responded he cannot say that because he cannot prove it. The landlord refuses to repiace the box because she wants the client to move out of the premises. Mr. Le is asking the legislative hearing officer to stay the condemnation of this property until they have a chance to go to court. oc�-�,�3 PROPERTY CODE ENFORCEMENT, OCTOBER 17, 2000 Page 4 Gerry StraUunan denied the appeai on the notice of condemnation dated October 11, 2000. The actions of the Ciry enforcement officials are reasonable and correct. Mr. Strathman's decision is not final until ratified by the City Council on October 25, which is a day after the court appeazance that Mr. Le mentioned. Mr. Le responded that wouid be the net effect of what he was asking for; therefore, he is fine with this decision. The meeting was adjourned at 2:11 p.m. E�c7 ORIGINAL Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the October 17, 2 2000, decision of the Legislative Hearing Officer on Property Code Enforcement Appeals far the following 3 address: 4 Pro eU riv Ap�ealed Ap eln lant 5 659 Davton Avenue Dennis Siluk 6 Decision: With Unit 7 being the exception, variances aze granted on the nonconforming doors on the following 7 conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire 8 rated doors, 2) the building must otherwise be in compliance. 9 10 11 12 13 14 15 16 17 751 Mount Curve Boulevazd Mary Bakewell far L& M Management, Inc. Decision: Variance g�anted on the nonconforxning doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 601 Pazk Street Scott Albright for Luson Management Co. Decision: V ariance granted on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the building must otherwise be in compliance. 18 426 Michiean Street Elena Medina 19 Decision: Appeal denied on correction notice dated September 7, 2000. 20 666 Laurel Avenue Lee R.Walker 21 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 22 nonconforming doors need to be replaced, they will be replaced with conforxning fire rated doors, 2) the 23 building must otherwise be in compliance. RESOLUTION CITY OF SA{NT PAUL, MINNESOTA Council File # e — qQ'3 Green Sheet # 104016 �� 24 970 Burr Street #2 Monica Crrubbs and Dan Le of SMRLS 25 Decision: Appeal denied on notice of condemnation dated representing Lorrie Walker. 26 October 11, 2000. Green Sheet 104015 00- 2 4 5 6 7 Yeas Nays Absent Blakey ✓ Coleman ✓ Harris Benanav � Reiter � Bostrom � Lanhy ✓ Requested by Department of. � Form Approved by City Attomey � 8 9 10 11 12 13 14 15 Adopted by Council: Date (� ,��^ �.S �ooa Approved by Mayor for Submission to Council � Adoption Cer�fied by Commcil Secretary g y' BY� � � 2�- . �, _ _� Approved by Mayor: Date �V� � �� By , � � ���� Council Offices Gerry Strathman, 266-8560 October 25, 2000 10-19-2000 � TOTAL # OF SIGNATURE PAGES GREEN SHEET ovun�rw�a�art v o -qr3 No1Cf�G16 arcca� � QIYAi100EY ❑ CIIYCIiRK ❑ wwcu�amrcFSOw. � wuxcuu.aom�ccro ❑ WVMI�Ml1tffiTllrt) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Approving the 10-17-2000 decisions of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 659 Dayton Avenue, 751 Mount Curve Boulevard, 601 Park Street, 426 Michigan Street, 666 Laurel Avenue, and 970 Burr Street 4{2. PL4NNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION Flas uis pe�soNfirm everMwked unaer a comiact wr tnis devartmenn VES NO Has thie D���m ever heen a cdY emPbYee? YES NO Ooes this peisonRrm poacess a sldi not namallypossescetl by any curtent city employee9 VES NO Isthis peisonlfirm a tarpeted vendort VES NO ��� �:. , y , ���:�g � ,�a����"�� ' [; �:�t AMOUNT OF TRANSACTION S SOURCE COST/REVENUE BUD6ETm (GRCLE ON� ACTIVITYNUMBER YE3 NO INFORMNTON (IXPWN) �-� �3 �� . PROPERTY CODE ENFORCEMENT MEETING Tuesday, October 17, 2000 Room 330 Courthouse Gerry Strathman, Legisiative Hearing Officer STAFF PRESENT: Mike Kalis, Code Enforcement; Steve Schiller, Code Enforcement; Mike Urmann, Fire Prevention; Maynazd Vinge, Code Enforcement The meeting was called to order at 1:34 p.m. 659 Dayton Avenue Rosa Siluk appeazed and stated she is appealing the requirement to replace the nonconforming doors. Mike Urmann reported that there aze some compliance issues. He would support the appeal if it was pending total code compliance and had an exception for Unit 7 because the door and frame are damaged beyond repair. There will be a reinspection next week. James Gerard, caretaker, appeared and stated Unit 7 has been replaced with fire rated doors. Rosa Siluk gaue Gerry Strathman a letter from her and Dennis Siluk indicating that apartment doors entering corridors that serve ten or more occupants must have 20 minute fire rated doors. The letters argues that no corridors in the building occupy more than 7 units. Mr. Urmann responded the letter speaks of the number of people in the units and not the occupancy load. By square footage, the owners are well over the occupancy load of service to ten people. Mr. Gerard asked what is the squaze footage. Mr. Urmann responded he does not have the law in front of him, but he thivks it is 2,000 square feet. Ms. Siluk stated each unit has 600 square feet. Mr. Strathman stated if there are four units of 600 square feet each, that is at least 2,400 square feet. Gerry Strathman decision is as follows: With Unit 7 being the exception, variances are granted on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforxning fire rated doors, 2) the building must otherwise be in compliance. Mr. Urmann stated he will stay in contact with Yvlr. Siluk to make sure he understands the decision. 751 Mount Curve Boulevard Gerry Strathman stated his understanding is that the Fire Department will support this appeal and it is not necessary for the owner to appeaz. Mike Urmann responded that is correct. Gerty Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confonning fire rated doors, 2) the building must otherwise be in compliance. �c�-�= PROPERTY CODE ENFORCEMENT, OCTOBER 17, 2000 Page 2 601 Park Street Scott Albright, an owner of Lazson Management Co., appeazed and stated he is appealing the requirement to replace the fire doors. Mike Urmann reported he had no problem with a variance. CTerry Strathman granted a variance on the nonconfornung doors on the foilowing conditions: i) when the nonconfonning doors need to be replaced, they will be replaced with confonning fire rated doars, 2) the building must otherwise be in compliance. 426 Michigan Street (Steve Schiller gave Gerry Strathman photographs.) Elena Medina, owner, appeazed and stated three men came to her house and went to the backyard. The shucture in question was present when she purchased the house. The previous owner told her that when it rains, water enters the basement. An inspector called her and told her the structure had to be removed. She cannot afford to have it removed now. She has already put $30,000 into the house. Gerry Strathman asked does this keep water out of the basement. Ms. Medina responded it does. Also, she is a widow and lives on her pension. Mr. Strathman asked does she have an esrimate for removal. Ms. Medina responded $1Q,000 to take down the old structure and build a new one. She feels that inspectors should inform new buyers about problems with a property. Steve Schiller reported that there were three inspectors: two were from the Police Department and one was from Code Enforcement. They had received a complaint regarding someone occupying this property without her permission. A renter is in the basement. Mr. Schiller feels there is a sufficient door on the cellar to prevent water from coming into the cellaz area. Dave Kenyon (from LTEP) went out twice to look at the structure. He wrote a report the second time with the following three points: 1) A shucture of this type requires a building permit from the City, but no permit was obtained for this structure, 2) this structure is attached to the main house and was built on the ground without footings, 3) wali framing and sheeting are unfinished and inadequate. Franung members in the roof aze underspaced and overspanned. Roofing materials used are not visible. Flashing is not visible. In answer to questions by Mr. Strathman, Mr. Schiller responded he has no reason to doubt that the structure was there when Ms. Medina bought the properiy. The structure appears to be five to seven yeazs old. Much of it is not protected by paint. It is rotted, sagging, and has poor construction. There is a possibility that this shucture could collapse, especially if there is a normal winter. 00-��3 PROPERTY CODE ENFORCEMENT, OCTOBER 17, 2000 Page 3 Mr. Stratbman asked what would be the normal procedure if the structure is not removed by the owner. Mr. Schiller responded the owner would be formally notified with a sununary abatement order. She will have ten days to respond to it. If it stili is not removed, the City will remove it and it will be assessed to her pmperry taxes. Mr. Sirathman explained to Ms. Medina that having the Ciiy remove it will be very expensive. She should have a private individual remove the structure. Gerry Strathman denied the appeal on the correction notice dated September 7, 2000. The orders to remove the shucture are reasonable and appropriate. This is an illegal stnxcture that was built without pemuts and not in accordance with building codes. It might even constitute a hazard. Ms. Medina expressed concern about water entering the basement when the structure is removed. 666 Laurel Avenue Lee R.Walker, owner, appeared and stated he is asking for a variance from the requirement to insta1120 minute fire rated doors. Mike Urmann reported he has no issue with this building. Gerry Strathman granted a variance on the nonconfomung doors on the foilowing condi6ons: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 970 Burr 5treet #2 Mike Kalis reported he received a complaint from NSP that the elechicity was shut off in this unit. The box had been damaged by someone and NSP removed the meter. The meter box has to be repaired by a licensed contractor. There is no electrical service there. Maynard Vinge reported that Code Enfarcement issued orders because there is no basic facility to the unit, namely electricity. Dan Le of 5MRLS (Southern Minnesota Regional Legal Services), representing Lorrie Walker, appeared and stated he has filed a tenant remedy action to rectify. He has a court date on October 24. It is their position that the landlord has failed to address this necessary repair. The landlord's failure to do so is a conshuctive eviction of his client. Mr. Strathman asked is it his clienY s view that the landlord l�as interrupted the electrical supply for the express purpose of requiring her to move out. Mr. Le responded he cannot say that because he cannot prove it. The landlord refuses to repiace the box because she wants the client to move out of the premises. Mr. Le is asking the legislative hearing officer to stay the condemnation of this property until they have a chance to go to court. oc�-�,�3 PROPERTY CODE ENFORCEMENT, OCTOBER 17, 2000 Page 4 Gerry StraUunan denied the appeai on the notice of condemnation dated October 11, 2000. The actions of the Ciry enforcement officials are reasonable and correct. Mr. Strathman's decision is not final until ratified by the City Council on October 25, which is a day after the court appeazance that Mr. Le mentioned. Mr. Le responded that wouid be the net effect of what he was asking for; therefore, he is fine with this decision. The meeting was adjourned at 2:11 p.m. E�c7 ORIGINAL Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the October 17, 2 2000, decision of the Legislative Hearing Officer on Property Code Enforcement Appeals far the following 3 address: 4 Pro eU riv Ap�ealed Ap eln lant 5 659 Davton Avenue Dennis Siluk 6 Decision: With Unit 7 being the exception, variances aze granted on the nonconforming doors on the following 7 conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire 8 rated doors, 2) the building must otherwise be in compliance. 9 10 11 12 13 14 15 16 17 751 Mount Curve Boulevazd Mary Bakewell far L& M Management, Inc. Decision: Variance g�anted on the nonconforxning doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 601 Pazk Street Scott Albright for Luson Management Co. Decision: V ariance granted on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the building must otherwise be in compliance. 18 426 Michiean Street Elena Medina 19 Decision: Appeal denied on correction notice dated September 7, 2000. 20 666 Laurel Avenue Lee R.Walker 21 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 22 nonconforming doors need to be replaced, they will be replaced with conforxning fire rated doors, 2) the 23 building must otherwise be in compliance. RESOLUTION CITY OF SA{NT PAUL, MINNESOTA Council File # e — qQ'3 Green Sheet # 104016 �� 24 970 Burr Street #2 Monica Crrubbs and Dan Le of SMRLS 25 Decision: Appeal denied on notice of condemnation dated representing Lorrie Walker. 26 October 11, 2000. Green Sheet 104015 00- 2 4 5 6 7 Yeas Nays Absent Blakey ✓ Coleman ✓ Harris Benanav � Reiter � Bostrom � Lanhy ✓ Requested by Department of. � Form Approved by City Attomey � 8 9 10 11 12 13 14 15 Adopted by Council: Date (� ,��^ �.S �ooa Approved by Mayor for Submission to Council � Adoption Cer�fied by Commcil Secretary g y' BY� � � 2�- . �, _ _� Approved by Mayor: Date �V� � �� By , � � ���� Council Offices Gerry Strathman, 266-8560 October 25, 2000 10-19-2000 � TOTAL # OF SIGNATURE PAGES GREEN SHEET ovun�rw�a�art v o -qr3 No1Cf�G16 arcca� � QIYAi100EY ❑ CIIYCIiRK ❑ wwcu�amrcFSOw. � wuxcuu.aom�ccro ❑ WVMI�Ml1tffiTllrt) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Approving the 10-17-2000 decisions of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 659 Dayton Avenue, 751 Mount Curve Boulevard, 601 Park Street, 426 Michigan Street, 666 Laurel Avenue, and 970 Burr Street 4{2. PL4NNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION Flas uis pe�soNfirm everMwked unaer a comiact wr tnis devartmenn VES NO Has thie D���m ever heen a cdY emPbYee? YES NO Ooes this peisonRrm poacess a sldi not namallypossescetl by any curtent city employee9 VES NO Isthis peisonlfirm a tarpeted vendort VES NO ��� �:. , y , ���:�g � ,�a����"�� ' [; �:�t AMOUNT OF TRANSACTION S SOURCE COST/REVENUE BUD6ETm (GRCLE ON� ACTIVITYNUMBER YE3 NO INFORMNTON (IXPWN) �-� �3 �� . PROPERTY CODE ENFORCEMENT MEETING Tuesday, October 17, 2000 Room 330 Courthouse Gerry Strathman, Legisiative Hearing Officer STAFF PRESENT: Mike Kalis, Code Enforcement; Steve Schiller, Code Enforcement; Mike Urmann, Fire Prevention; Maynazd Vinge, Code Enforcement The meeting was called to order at 1:34 p.m. 659 Dayton Avenue Rosa Siluk appeazed and stated she is appealing the requirement to replace the nonconforming doors. Mike Urmann reported that there aze some compliance issues. He would support the appeal if it was pending total code compliance and had an exception for Unit 7 because the door and frame are damaged beyond repair. There will be a reinspection next week. James Gerard, caretaker, appeared and stated Unit 7 has been replaced with fire rated doors. Rosa Siluk gaue Gerry Strathman a letter from her and Dennis Siluk indicating that apartment doors entering corridors that serve ten or more occupants must have 20 minute fire rated doors. The letters argues that no corridors in the building occupy more than 7 units. Mr. Urmann responded the letter speaks of the number of people in the units and not the occupancy load. By square footage, the owners are well over the occupancy load of service to ten people. Mr. Gerard asked what is the squaze footage. Mr. Urmann responded he does not have the law in front of him, but he thivks it is 2,000 square feet. Ms. Siluk stated each unit has 600 square feet. Mr. Strathman stated if there are four units of 600 square feet each, that is at least 2,400 square feet. Gerry Strathman decision is as follows: With Unit 7 being the exception, variances are granted on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforxning fire rated doors, 2) the building must otherwise be in compliance. Mr. Urmann stated he will stay in contact with Yvlr. Siluk to make sure he understands the decision. 751 Mount Curve Boulevard Gerry Strathman stated his understanding is that the Fire Department will support this appeal and it is not necessary for the owner to appeaz. Mike Urmann responded that is correct. Gerty Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confonning fire rated doors, 2) the building must otherwise be in compliance. �c�-�= PROPERTY CODE ENFORCEMENT, OCTOBER 17, 2000 Page 2 601 Park Street Scott Albright, an owner of Lazson Management Co., appeazed and stated he is appealing the requirement to replace the fire doors. Mike Urmann reported he had no problem with a variance. CTerry Strathman granted a variance on the nonconfornung doors on the foilowing conditions: i) when the nonconfonning doors need to be replaced, they will be replaced with confonning fire rated doars, 2) the building must otherwise be in compliance. 426 Michigan Street (Steve Schiller gave Gerry Strathman photographs.) Elena Medina, owner, appeazed and stated three men came to her house and went to the backyard. The shucture in question was present when she purchased the house. The previous owner told her that when it rains, water enters the basement. An inspector called her and told her the structure had to be removed. She cannot afford to have it removed now. She has already put $30,000 into the house. Gerry Strathman asked does this keep water out of the basement. Ms. Medina responded it does. Also, she is a widow and lives on her pension. Mr. Strathman asked does she have an esrimate for removal. Ms. Medina responded $1Q,000 to take down the old structure and build a new one. She feels that inspectors should inform new buyers about problems with a property. Steve Schiller reported that there were three inspectors: two were from the Police Department and one was from Code Enforcement. They had received a complaint regarding someone occupying this property without her permission. A renter is in the basement. Mr. Schiller feels there is a sufficient door on the cellar to prevent water from coming into the cellaz area. Dave Kenyon (from LTEP) went out twice to look at the structure. He wrote a report the second time with the following three points: 1) A shucture of this type requires a building permit from the City, but no permit was obtained for this structure, 2) this structure is attached to the main house and was built on the ground without footings, 3) wali framing and sheeting are unfinished and inadequate. Franung members in the roof aze underspaced and overspanned. Roofing materials used are not visible. Flashing is not visible. In answer to questions by Mr. Strathman, Mr. Schiller responded he has no reason to doubt that the structure was there when Ms. Medina bought the properiy. The structure appears to be five to seven yeazs old. Much of it is not protected by paint. It is rotted, sagging, and has poor construction. There is a possibility that this shucture could collapse, especially if there is a normal winter. 00-��3 PROPERTY CODE ENFORCEMENT, OCTOBER 17, 2000 Page 3 Mr. Stratbman asked what would be the normal procedure if the structure is not removed by the owner. Mr. Schiller responded the owner would be formally notified with a sununary abatement order. She will have ten days to respond to it. If it stili is not removed, the City will remove it and it will be assessed to her pmperry taxes. Mr. Sirathman explained to Ms. Medina that having the Ciiy remove it will be very expensive. She should have a private individual remove the structure. Gerry Strathman denied the appeal on the correction notice dated September 7, 2000. The orders to remove the shucture are reasonable and appropriate. This is an illegal stnxcture that was built without pemuts and not in accordance with building codes. It might even constitute a hazard. Ms. Medina expressed concern about water entering the basement when the structure is removed. 666 Laurel Avenue Lee R.Walker, owner, appeared and stated he is asking for a variance from the requirement to insta1120 minute fire rated doors. Mike Urmann reported he has no issue with this building. Gerry Strathman granted a variance on the nonconfomung doors on the foilowing condi6ons: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 970 Burr 5treet #2 Mike Kalis reported he received a complaint from NSP that the elechicity was shut off in this unit. The box had been damaged by someone and NSP removed the meter. The meter box has to be repaired by a licensed contractor. There is no electrical service there. Maynard Vinge reported that Code Enfarcement issued orders because there is no basic facility to the unit, namely electricity. Dan Le of 5MRLS (Southern Minnesota Regional Legal Services), representing Lorrie Walker, appeared and stated he has filed a tenant remedy action to rectify. He has a court date on October 24. It is their position that the landlord has failed to address this necessary repair. The landlord's failure to do so is a conshuctive eviction of his client. Mr. Strathman asked is it his clienY s view that the landlord l�as interrupted the electrical supply for the express purpose of requiring her to move out. Mr. Le responded he cannot say that because he cannot prove it. The landlord refuses to repiace the box because she wants the client to move out of the premises. Mr. Le is asking the legislative hearing officer to stay the condemnation of this property until they have a chance to go to court. oc�-�,�3 PROPERTY CODE ENFORCEMENT, OCTOBER 17, 2000 Page 4 Gerry StraUunan denied the appeai on the notice of condemnation dated October 11, 2000. The actions of the Ciry enforcement officials are reasonable and correct. Mr. Strathman's decision is not final until ratified by the City Council on October 25, which is a day after the court appeazance that Mr. Le mentioned. Mr. Le responded that wouid be the net effect of what he was asking for; therefore, he is fine with this decision. The meeting was adjourned at 2:11 p.m. E�c7