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01-1162�"�'���^i�l�t : t� ,_ _;,�;vt�v� Presented Referred To Committee Date 1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the October 16, 2 2001, decisions of the Legislative Hearing Officer on Properly Code Enforcement appeals for the following 3 addresses: 4 Properiy Appealed Appellant 844 A�ate Street Danny E. Wena Decision: Appeal denied on the September 18, 2001, Conection No6ce, but the compliance date is extended on the painting to May 1, 2002, and the compliance date is eatended on all the other items to December 1, 2001. 8 352 Bates Avenue Bill Walker 9 Decision: Variance granted on the mechanical ventilation in the Unit 1 bathroom. If the Unit 1 bathroom is 10 ever rernodeled and a ventilation system becomes feasible, the owner will be required to install a mechanical ll ventilation system. 12 361 Bates Avenue Tamiuy Bakeberg for MidWest Home 13 Management, LLC 14 Appeal granted on the September 19, 2001, Certificate of Occupancy report as follows: 1) The deadbolt locks 15 that do not work ha�e to be replaced with a conforming one inch deadbolt lock and the operabla 3/4 inch locks 16 can remain until they need to be replaced, 2) The Unit 3 walls need to be in a sanitary condition, and an 17 inspector will determine if the wall is unsanitary; 3) If the nonconforming doors ever need to be replaced, they 18 will be replaced with confornung fire rated doar assemblies. 19 912 Carroll Avenue Mark J. McGirl 20 (Condemnation is lifted; case is closed.) 21 295 Smmnit Avenue Gloria Anne Fritz 22 Decision: Appeal denied on the Notice of Revocation dated October 3, 2001; however, the Fire Deparhnent 23 will grant extensions on the ea�terior repairs as they feel is needed. 24 2300 Wvcliff Street William Hockenberger for Catholic Charifies 25 Decision: Variance granted on the one inch throw single-cylinder deadbolt lock on a11 units. Council File # O�— �\G�- Green Sheet # 110339 RESOLUTION CITY OF SAINT PAUL, MINNESOTA a 3 26 591 Pavne Avenue 27 (Appeal is withdrawn; case is closed.) Crreen Sheet 110339 Page 2 O� -1\v} 1 2 3 4 5 6 7 Yeas Nays Absent Blakey ✓ Coleman � Harris f Benanav � Reiter � Bostrom � Lantry � '�( p o 8 9 10 AdoptedbyCouncil: Date:���, � �oo� 11 12 Adoption Certified by Council Secretary 13 By: -'� ` � . � ��__________--= 14 Approved Mayor: 15 Date; �V �Cl Z�� 16 By: G�r. >n Requested by Department of: I� Form Approved by City Attorney I� Approved by Mayor for Submission to Council : � City Council Offices Strathman, 266-8560 ���� 10-24-2001 xuYBFR PoR TOTAL # OF SIGNATURE PAGES GREEN SHEET ea�.,�r o.cerae ----'�� -��c.a No 1 t 0 339 ? aneawu. ❑ an�nowar ❑ aneiac ❑ RYIKJ�LiflIYCFf4t ❑ INI11GLLi ❑ MYGII�YY�4R� ❑ (CL1P ALL LOCATIONS FOR SICaNATUREj Approving the 10-16-2001 decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 844 Agate Street, 352 Bates Avenue, 361 Bates Avenue, 912 Carroll Avenue, 295 Summit Avenue, 2300 Wycliff Street, and 591 Payne Avenue. PLANNING COMMISSION CIB COMMITTEE CML SERVICE CAMMISSION Has this cersaMm� ererNatked uMer a coMroet for Uus depaMieM9 YES NO Has this pelsonlfirm e+er bcen a criy empbyce7 YES NO Oces this De�saVfirm Oossess a sldll naf rarmallyposcessed by anY arteM tltY �PbYee9 YES MO is n� cereo��� a mroe�a.endo�� rES rio ��°i;,'� °� �a�"�£?e:=r� �P6?�`,�5 c��.� f;e � � TRANSACTION SOURCE '�- ' COST/REVENUE BUDGETm (dRCLE ONq ACTNRY NUMBER YEt NO o�_��c.�. NOTES OF PROPERTY CODE ENFORCEMENT MEETING Tuesday, October 16, 2001 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Ed Smith, Code Enforcement; Michael Urmann, Fire Prevention; Tom Zangs, Fire Prevention Gerry Strathman called the meeting to order at 1:30 p.m. 844 Agate Street Dan Werra, owner, 3811 131 st Avenue NE, Blaine, appeared and stated someone compiained about the building he owns. He assumes it was a tenant. He got a work order in July about an infestation of bugs and minor repairs. Mr. Werra visited with his tenants, and took a sample to the University of Minnesota. The tenant indicated the sample had come out of her skin. The university indicated it was a chicken bone and not a bug. When Mr. Werra told her it was a chicken bone that came out of her skin, the tenant got upset with him and called the City to complain about more things. The City revisited the properry and wrote up some additional items. The tenant is on medication. Mr. Werra told the City there were psychological things going on with the tenants. Mr. Werra thought the additional problems were a retaliation. He preceded to do the repairs to the property. The tenants got violent and boisterous with him, and Mr. Werra indicated to the City that he felt unsafe at the property. He has a list of police calls at the residence. He asked far an appeal on some of the items on the nofice. Today, he got an eviction summons, and the judge gaue the tenants until the October 19 to vacate the property. From the last two months, he has not gotten in there to do the work. He needs more time and that is why he appealed this today. Gerry Strathman asked will the tenants be gone by October 19. Based on a conversafion today, responded Mr. Werra, the tenants look like they are 95% out. Item 1- Install stairs at the west entrance - Mr. Werra stated he moved into the property in 1990. That is the way the stairs were then, and it was approved by the City. There is a balcony there. It never was an entrance. There aze two other entrances to the interior. Ed Smith stated there was a ladder that was not attached. He felt it was unsafe. It should be stairs or nothing at all. Mr. Strathman asked is he prepazed to remove the ladder at the west entrance. Apparently, responded Mr. Wena, the tenants put the ladder there. It will be removed. Item 2- Install GFCI outlet in the basement near the sink - Mr. Werra stated there aze GFCI outlets where there is water within two feet. That may have been overlooked during the inspecrion. It is an easy matter to deternune if it is GFCI, stated Mr. Strathman. He will leave that issue stand in order for the owner and inspector to work it out. Item 3- Scrape and paint soffits, fascia, and window casings - Mr. Werra stated this was not on the first order. The house could use painting. It is getting so late in the yeaz that he is concerned he will not be able to get it done. Everything else on the list can be taken care of. As ot - ��c.� PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 2 of October 19, it will no longer be rental property; he will put it on the market to sell. Mr. Smith responded the painting could wait until spring. Ae spoke to his supervisor; they have no problem granting an eatension because the owner felt the tenant was unstable and could not be trusted. Mr. Smith reported he went out there with his supervisor Harold Robinson to do a thorough inspection. Mr. Smith thought the property was unsafe due to the mold on the ceiling and wall in the basemem and upstairs bathroom. Plus, there were other issues. Mr. Strathman stated he would like to see a firm date as to when things should be finished. He asked what would be a reasonable time except for the painting. Mr. Smith responded December 1. Mr. Werra responded he would not have a problem with that date. Gerry Strathxnan denied the appeal on the September 18, 2001, Correction Notice, but the compliance date is extended on the painting to May 1, 2002, and the compliance date is extended on all the other items to December 1, 2001. Mr. Werra responded the property wiil hopefully be soid before December 1. 352 Bates Avenue Bill Walker, properry manager, 1032 Crrand Avenue, appeared and stated his issue is concerning a certificate of occupancy inspecfion by Barb Cummings (Fire Department). She is asking the owner to install a mechanical fan in the bathroom. They are appealing it because the location of the bathroom is not on an exterior wall. What separates it from the exterior wall is a staircase. There is no reasonable way to vent a fan. The demolition involved would be considerable. This is a fixll bath. The apartment has two bathrooms, the other bathroom is legal with a window and a fan. Gerry Strathman asked have there been any issues with mold or moisture in the bathroom. Mr. Walker responded no. The tenants take good care of the apartment. He hired a licensed electrical contractor to do the work. They aze the ones who sumined it up and advised him on it. Michael Urmann reported he has been notified of the difficuity of installing a fan and tl�at there is another bathroom. There aze no mold issues. Gerry Strathxnan granted a variance on the mechanical ventilation in the Unit 1 bathroom of the May 24, 2001, Certificate of Occupancy report. If the Unit 1 bathroom is ever remodeled and a ventilation system becomes feasible, the owner will be required to install a mechanical ventilation system. 361 Bates Avenue The following appeared: Tanvny Bakeberg, owner, and John Saphir, manager, both of 5324 Newton Avenue South, Minneapolis. Mr. Saphir stated he has questions about some of the items. o�..i��.s. PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 3 Basement rooms must have a ceiling separation-one hour - Mr. Saphir stated they have a hanging ceiling of some type of fiber material that is not code. It is a false ceiling to hide the horizontal pipes. Above it is a concrete stucco ceiling. Gerry Strathman asked is that ceiling acceptable. Michael Urmann responded it would be acceptable if there are no penetrations tUrough the ceiling. His understanding is to install the false ceiling, there has to be some penetration made tl�rough the ceiling and also pipe penetrations that run through it. Each penetration should be sealed with fire rated material or the owner should install an interconnected smoke detector. Mr. Saphir asked what is an interconnected smoke detector. They have a fire box where the smoke detectors throughout the property are located. Mr. Urmann asked is there smoke or heat detection in the basement. Mr. Saphir thought they had both, but he does not lmow for sure. Mr. Urmann stated it sounds like they have a full alann system. That would be adequate if there is smoke detection. He would have to have the field inspector check into it fiuther. Mr. Strathman stated the inspector will check on that. If they don't have it, they will haue to install it or deal with the penetrations. Provide, repair, or replace the fire rated door and assembly - Mr. Saphir stated the individual doors have sheet metal on one side. Mr. Strathman responded at one time, the fire department thought that was a satisfactory solution, but that is not a solution now. He has been granting variances on this issue for buildings that aze otherwise compliant. Mr. Urmann responded he would not object to a variance on this issue. Unit 3- Repair and maintain the walls in an approved manner. Paint the wall. Patch the holes and/or crack sin the walls. - Mr. Saphir stated this particular tenant has been there for a while. The walls need cleaning and not repair. Ms. Bakewell stated there are no cracks and holes, but the tenant is a heauy smoker; the walls are stained. The tenant would prefer they not paint at this time. Mr. Urmann responded he had not spoken to Pat Fish (Fire Prevention) about this issue; therefore, he would have to do filrther research to determine if it is a health or sanitation issue. If it is only a cleaning issue, Fire Prevention would allow them to clean the walls to bring it into a standard condition of health and compliance. They can paint when another tenant moves into the properly. Provide and maintain an approved one-inch throw single cylinder deadbolt lock. - Mr. Saphir stated one lock needs to be repaired. The other lock is functional, but not the right length; it is 3/4 of an inch. These locks sepazate the rooms from the hallways. Mr. Urmann responded the 3/4 inch functional deadbolt in place is acceptable under the code. The lock that is nonfixnctional would have to be replaced with a compliant one inch throw deadbolt lock. Gerry Strathman's decision is as follows: Appeal granted on the September 19, 2001, Certificate of Occupancy report as follows: 1) The deadbolt locks that do not work have to be replaced with a conforming one inch deadbolt lock and the operable 3/4 inch locks can remain untii they need to be replaced, 2) The Unit 3 walls need to be in a sanitary condition, and an inspector will deternune if the wall is unsanitary; 3) If the nonconfornung doors ever need to be replaced, they wili be replaced with confornung fire rated door assemblies. O\—l\c.7-. PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 4 912 Carroll Avenue (The condemnation is lifted; therefore, there is nothing to appeal.) 295 Summit Avenue The following appeazed: Gloria Fritz, owner, and Ed Hanson, realtor. Ms. Fritz stated when she took over the properiy in 1989, the properiy had been boazded up. There were six feet of water in the basement and wires hanging all over. She poured a lot of money and work into the properry. She refinanced some of her other properties to support these improvements and buy her husband out. She has to sell it because the properry has to pay some of the debt she has incurred since she decided to divorce her husband. She has kept up on the mortgages. The property is listed with Realtors. She has changed light fixtures, added fiuniture, cleaned it up. She cannot afford to have any more mortgages on this properiy. Gerry Strathman asked who lives there now. Ms. Fritz responded she has tenants and she lives there. Ms. Fritz stated the Fire Depazhnent came out on October 1 and posted her doors. Five tenants refused to pay rent. It is a hardship for her to make payments, unless everybody pays 100%. Provide and maintain all exterior walls from holes and deterioration. All exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint. Ms. Fritz stated she cannot do the exterior at this time. She would like to put more monay into the properry, but she has to pay for it as she goes. She cannot do anymore than she is doittg. Repair and maintain the walls in an approved manner. Repair and paint all ceilings and walls where needed, this includes the south bathroom wall and tile, the common area on second floor, the west stairwell, and the front entry. Also replace all missing door knobs throughout first and second floor. Paint bathroom walls and ceiling in bedroom #3. Repair and paint bedroom #5 walls and ceiling. - Ms. Fritz stated her ex-husband removed several of the door handles. She has been looking for doorlrnobs to repiace them. Mr. Hanson stated he has looked for matching hardware for the doors. The cost is $280 to $320 per door because all the hazdwaze was pulled. Mr. Strathman asked how this effects the tenants. Ms. Fritz responded the tenants have not complained. They just wanted a latch to lock their rooms. If he understands Ms. Fritz, stated Mr. Strathman, she is prepared to do all the other repairs, except for replacing the door knobs. He asked what kind of hazards, risks, or problems would arise out of the absence of those doorlrnobs. Mr. Zangs responded his concern is someone accidenfly being locked in a closet with no door handle to open. Ms. Fritz responded there are no latches nor doar l�andles. She just put a deadbolt like lock on the doors. The hardware is missing for opening and shutting the door. Without the hazdware in place, responded Mr. Urmann, the tenant could be trapped without hauing a functioning door. o�-��c.� PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 5 Mr. Strathman stated he has a vision of a door with handle plates on it but no handles and no latches. Mr. Urmann responded Ms. Fritz stated she has put hardwaze on the doors so they can lock the doors when they leave the properry. That is an accident waiting to happen. Ms. Fritz responded that is just for their individual bedrooms. Mr. Strathman stated there is one functional lock on these doors and it is a deadbolt with a thumb lock on one side and a key lock on the other side. Ms. Fritz responded that is the situation. Mr. Zangs responded there were several hallway closets to the hallway stairwells without door lrnobs on them. Ms. Fritz responded those ciosets aze empty and no one uses them. They were origivally for maids to store supplies. The other item concerns the tile, stated Mr. Strathman. Ms. Fritz responded she did paint the bathroom with two coats. She did the same with the other bathroom. For the hallways, she painted what she could manage. She plastered to make it smooth. Mr. Strathxnan stated the only thing bothering him at this time is the door lrnob situation. He asked is it their judgement that the current securing of the door is a hazard or a cosmetic issue. Mr. Zangs responded he cannot recall if it was cited because of the hazdware being there. Mr. Urmann responded they have an appoinfinent to go to the properiy on October 18. Mr. Strathman stated when a building is condemned, rent cannot be collected. He asked is that also the case when certificate of occupancy is revoked. Mr. Urmann responded it is not legally. His understanding is they can hold rent on a revocation. He does not know for certain what the tenants rights are. Mr. Strathman asked have the tenants offered any legal defense for their refusal to pay rent. Ms. Fritz responded they said they have to be out by the 31 st. Mr. Urmann stated the exterior issue has been in existence since October 30 of last yeaz. They haue tried to work with the owner to come into compliance with the exterior. Tom Zangs stated there are some eaves that aze rotting. There aze places with rotting wood. There are balustrades missing and no handrails. Ms. Fritz responded she did try for a loan and was denied. Mr. Urmann stated all of these orders have been in place since May 22, 2001. The only order that has changed is the revocation. He asked does the revocation open up all the other orders for appeal. Mr. Strathman responded the revocation is an enforcement action. If these items underlie that enforcement action, they can be appealed. Mr. Strathman asked what she is seeking. Ms. Fritz responded she is trying to sell the properry. She has given the property as much tune as she can. She has had offers, but they are ridiculous. She has to make a certain dollaz amount. There is no more equity in anything else. Mr. Strathman stated if her objective is to sell it, maybe it would be good to get educated guest from her realtor on the likelihood of this properry being sold and a reasonable rime frame. Mr. Hanson responded Ms. Fritz has tried to market the property and sell it in several other ways. It was listed by another realtor who tried to sell it as four condominiums but they could not finalize � l- �1t,Z PROPERT'Y CODE F,NFORCEMENT NOTES OF OCTOBER 16, 2001 Page 6 the condominium concept. It could be mazketed as a single family home, Ms. Fritz has only put it on the mazket in the Saint Paul Pioneer Press. It was listed in the MLS (Multiple Listing Service). He will use other mazketing tools. The property is listed at $1.2 Million. It should be worth a lot more when all the work orders are completed. Ms. Fritz stated she has a letter from Steve Zaccard (Fire Prevention). She also has a certificate of occupancy that was issued in May. Mr. Zangs responded the certificate of occupancy was grauted because he received a copy of a proposal for work to be done on the outside. Mr. Urmann added this issue was brought before Mr. Stratbman when it was owned by Ms. Fritz and her ex-husband. They were granted a variance for exterior compliance. Mr. Urmann has yet to find that it has been complied with. (Ms. Fritz showed a letter from Zaccazd and other documents to Mr. Strathman.) Mr. Strathxnan stazed there aze issues too uncleaz for a final decision today. He wili continue this to a week from today. The inspectors do not haue a cleaz enough recoilection of the situation. There are sometimes creative solutions that the Fire Department can arrange. Rqr. Zaccard has already indicated he is prepared to grant additional time for the exterior repairs. If the Fire Department says the issne is cosmetic or they found another way to do it, they can deal with that. Gerry Strathman laid over this matter to a special Property Code Enforcement Meeting of Tuesday, October 23, 2001, 130 p.m. This will give the inspectors time to inspect the door knobs. If it should happen that there are no differences, no one will need to return on October 23. Mr. Urmann responded if the issue is cosmetic, the inspectors will work with the owner on site. (Note: Michael Urmann called on Monday, October 22, 2001, to say that there is no need for a continuance meeting on OcYober 23. That being the case, Gerry Strathman's decision is as follows: Appeal denied on the Notice of Revocation dated October 3, 2001, because the door knob issue has been resolved and the Fire Depazhnent wiii grant extensions on fhe exterior repairs as necessary.) 2300 Wycliff Street The following appeared: Jetry Turner and William Hockenberger representing Catholic Chariries. Mr. Turner stated the only issue they have a problem with aze the deadbolt locks. They serve cl�ronic alcoholics. About 60 residents reside there. About half of the rooms are double. There aze locks on the individual doors, but there are no deaclbolt locks. Having the deadbolts plus the other lock on the door wouId put their clients at risk because staff would have to open two locks to access a room. When the fire alarm goes off, staff goes through every room. Mr. Strathman asked for a description of a typical door the way it is now and as it would be if they complied with the order. Mr. Turner responded it is a regulaz eaterior door. It has a lock on the handle of the door. They can hun it on the inside and lock it without the key. The deadbolt a�•����. PRQPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 7 woutd be in addition to that. Mr. Urmann responded he would not be opposed to an appeai in tiris situation. A.lI of fhe unit doors have passage locks on them. Gerry Strathman granted a variance on the one inch throw single-cylinder deadbolt lock on all units. 591 Pavne Avenue Gerry Strathman stated the appeal has been withdrawn because fhe gas service has been restored. (Case closed.) The meeting was adjourned at 2:56 p.m. rrn �"�'���^i�l�t : t� ,_ _;,�;vt�v� Presented Referred To Committee Date 1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the October 16, 2 2001, decisions of the Legislative Hearing Officer on Properly Code Enforcement appeals for the following 3 addresses: 4 Properiy Appealed Appellant 844 A�ate Street Danny E. Wena Decision: Appeal denied on the September 18, 2001, Conection No6ce, but the compliance date is extended on the painting to May 1, 2002, and the compliance date is eatended on all the other items to December 1, 2001. 8 352 Bates Avenue Bill Walker 9 Decision: Variance granted on the mechanical ventilation in the Unit 1 bathroom. If the Unit 1 bathroom is 10 ever rernodeled and a ventilation system becomes feasible, the owner will be required to install a mechanical ll ventilation system. 12 361 Bates Avenue Tamiuy Bakeberg for MidWest Home 13 Management, LLC 14 Appeal granted on the September 19, 2001, Certificate of Occupancy report as follows: 1) The deadbolt locks 15 that do not work ha�e to be replaced with a conforming one inch deadbolt lock and the operabla 3/4 inch locks 16 can remain until they need to be replaced, 2) The Unit 3 walls need to be in a sanitary condition, and an 17 inspector will determine if the wall is unsanitary; 3) If the nonconforming doors ever need to be replaced, they 18 will be replaced with confornung fire rated doar assemblies. 19 912 Carroll Avenue Mark J. McGirl 20 (Condemnation is lifted; case is closed.) 21 295 Smmnit Avenue Gloria Anne Fritz 22 Decision: Appeal denied on the Notice of Revocation dated October 3, 2001; however, the Fire Deparhnent 23 will grant extensions on the ea�terior repairs as they feel is needed. 24 2300 Wvcliff Street William Hockenberger for Catholic Charifies 25 Decision: Variance granted on the one inch throw single-cylinder deadbolt lock on a11 units. Council File # O�— �\G�- Green Sheet # 110339 RESOLUTION CITY OF SAINT PAUL, MINNESOTA a 3 26 591 Pavne Avenue 27 (Appeal is withdrawn; case is closed.) Crreen Sheet 110339 Page 2 O� -1\v} 1 2 3 4 5 6 7 Yeas Nays Absent Blakey ✓ Coleman � Harris f Benanav � Reiter � Bostrom � Lantry � '�( p o 8 9 10 AdoptedbyCouncil: Date:���, � �oo� 11 12 Adoption Certified by Council Secretary 13 By: -'� ` � . � ��__________--= 14 Approved Mayor: 15 Date; �V �Cl Z�� 16 By: G�r. >n Requested by Department of: I� Form Approved by City Attorney I� Approved by Mayor for Submission to Council : � City Council Offices Strathman, 266-8560 ���� 10-24-2001 xuYBFR PoR TOTAL # OF SIGNATURE PAGES GREEN SHEET ea�.,�r o.cerae ----'�� -��c.a No 1 t 0 339 ? aneawu. ❑ an�nowar ❑ aneiac ❑ RYIKJ�LiflIYCFf4t ❑ INI11GLLi ❑ MYGII�YY�4R� ❑ (CL1P ALL LOCATIONS FOR SICaNATUREj Approving the 10-16-2001 decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 844 Agate Street, 352 Bates Avenue, 361 Bates Avenue, 912 Carroll Avenue, 295 Summit Avenue, 2300 Wycliff Street, and 591 Payne Avenue. PLANNING COMMISSION CIB COMMITTEE CML SERVICE CAMMISSION Has this cersaMm� ererNatked uMer a coMroet for Uus depaMieM9 YES NO Has this pelsonlfirm e+er bcen a criy empbyce7 YES NO Oces this De�saVfirm Oossess a sldll naf rarmallyposcessed by anY arteM tltY �PbYee9 YES MO is n� cereo��� a mroe�a.endo�� rES rio ��°i;,'� °� �a�"�£?e:=r� �P6?�`,�5 c��.� f;e � � TRANSACTION SOURCE '�- ' COST/REVENUE BUDGETm (dRCLE ONq ACTNRY NUMBER YEt NO o�_��c.�. NOTES OF PROPERTY CODE ENFORCEMENT MEETING Tuesday, October 16, 2001 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Ed Smith, Code Enforcement; Michael Urmann, Fire Prevention; Tom Zangs, Fire Prevention Gerry Strathman called the meeting to order at 1:30 p.m. 844 Agate Street Dan Werra, owner, 3811 131 st Avenue NE, Blaine, appeared and stated someone compiained about the building he owns. He assumes it was a tenant. He got a work order in July about an infestation of bugs and minor repairs. Mr. Werra visited with his tenants, and took a sample to the University of Minnesota. The tenant indicated the sample had come out of her skin. The university indicated it was a chicken bone and not a bug. When Mr. Werra told her it was a chicken bone that came out of her skin, the tenant got upset with him and called the City to complain about more things. The City revisited the properry and wrote up some additional items. The tenant is on medication. Mr. Werra told the City there were psychological things going on with the tenants. Mr. Werra thought the additional problems were a retaliation. He preceded to do the repairs to the property. The tenants got violent and boisterous with him, and Mr. Werra indicated to the City that he felt unsafe at the property. He has a list of police calls at the residence. He asked far an appeal on some of the items on the nofice. Today, he got an eviction summons, and the judge gaue the tenants until the October 19 to vacate the property. From the last two months, he has not gotten in there to do the work. He needs more time and that is why he appealed this today. Gerry Strathman asked will the tenants be gone by October 19. Based on a conversafion today, responded Mr. Werra, the tenants look like they are 95% out. Item 1- Install stairs at the west entrance - Mr. Werra stated he moved into the property in 1990. That is the way the stairs were then, and it was approved by the City. There is a balcony there. It never was an entrance. There aze two other entrances to the interior. Ed Smith stated there was a ladder that was not attached. He felt it was unsafe. It should be stairs or nothing at all. Mr. Strathman asked is he prepazed to remove the ladder at the west entrance. Apparently, responded Mr. Wena, the tenants put the ladder there. It will be removed. Item 2- Install GFCI outlet in the basement near the sink - Mr. Werra stated there aze GFCI outlets where there is water within two feet. That may have been overlooked during the inspecrion. It is an easy matter to deternune if it is GFCI, stated Mr. Strathman. He will leave that issue stand in order for the owner and inspector to work it out. Item 3- Scrape and paint soffits, fascia, and window casings - Mr. Werra stated this was not on the first order. The house could use painting. It is getting so late in the yeaz that he is concerned he will not be able to get it done. Everything else on the list can be taken care of. As ot - ��c.� PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 2 of October 19, it will no longer be rental property; he will put it on the market to sell. Mr. Smith responded the painting could wait until spring. Ae spoke to his supervisor; they have no problem granting an eatension because the owner felt the tenant was unstable and could not be trusted. Mr. Smith reported he went out there with his supervisor Harold Robinson to do a thorough inspection. Mr. Smith thought the property was unsafe due to the mold on the ceiling and wall in the basemem and upstairs bathroom. Plus, there were other issues. Mr. Strathman stated he would like to see a firm date as to when things should be finished. He asked what would be a reasonable time except for the painting. Mr. Smith responded December 1. Mr. Werra responded he would not have a problem with that date. Gerry Strathxnan denied the appeal on the September 18, 2001, Correction Notice, but the compliance date is extended on the painting to May 1, 2002, and the compliance date is extended on all the other items to December 1, 2001. Mr. Werra responded the property wiil hopefully be soid before December 1. 352 Bates Avenue Bill Walker, properry manager, 1032 Crrand Avenue, appeared and stated his issue is concerning a certificate of occupancy inspecfion by Barb Cummings (Fire Department). She is asking the owner to install a mechanical fan in the bathroom. They are appealing it because the location of the bathroom is not on an exterior wall. What separates it from the exterior wall is a staircase. There is no reasonable way to vent a fan. The demolition involved would be considerable. This is a fixll bath. The apartment has two bathrooms, the other bathroom is legal with a window and a fan. Gerry Strathman asked have there been any issues with mold or moisture in the bathroom. Mr. Walker responded no. The tenants take good care of the apartment. He hired a licensed electrical contractor to do the work. They aze the ones who sumined it up and advised him on it. Michael Urmann reported he has been notified of the difficuity of installing a fan and tl�at there is another bathroom. There aze no mold issues. Gerry Strathxnan granted a variance on the mechanical ventilation in the Unit 1 bathroom of the May 24, 2001, Certificate of Occupancy report. If the Unit 1 bathroom is ever remodeled and a ventilation system becomes feasible, the owner will be required to install a mechanical ventilation system. 361 Bates Avenue The following appeared: Tanvny Bakeberg, owner, and John Saphir, manager, both of 5324 Newton Avenue South, Minneapolis. Mr. Saphir stated he has questions about some of the items. o�..i��.s. PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 3 Basement rooms must have a ceiling separation-one hour - Mr. Saphir stated they have a hanging ceiling of some type of fiber material that is not code. It is a false ceiling to hide the horizontal pipes. Above it is a concrete stucco ceiling. Gerry Strathman asked is that ceiling acceptable. Michael Urmann responded it would be acceptable if there are no penetrations tUrough the ceiling. His understanding is to install the false ceiling, there has to be some penetration made tl�rough the ceiling and also pipe penetrations that run through it. Each penetration should be sealed with fire rated material or the owner should install an interconnected smoke detector. Mr. Saphir asked what is an interconnected smoke detector. They have a fire box where the smoke detectors throughout the property are located. Mr. Urmann asked is there smoke or heat detection in the basement. Mr. Saphir thought they had both, but he does not lmow for sure. Mr. Urmann stated it sounds like they have a full alann system. That would be adequate if there is smoke detection. He would have to have the field inspector check into it fiuther. Mr. Strathman stated the inspector will check on that. If they don't have it, they will haue to install it or deal with the penetrations. Provide, repair, or replace the fire rated door and assembly - Mr. Saphir stated the individual doors have sheet metal on one side. Mr. Strathman responded at one time, the fire department thought that was a satisfactory solution, but that is not a solution now. He has been granting variances on this issue for buildings that aze otherwise compliant. Mr. Urmann responded he would not object to a variance on this issue. Unit 3- Repair and maintain the walls in an approved manner. Paint the wall. Patch the holes and/or crack sin the walls. - Mr. Saphir stated this particular tenant has been there for a while. The walls need cleaning and not repair. Ms. Bakewell stated there are no cracks and holes, but the tenant is a heauy smoker; the walls are stained. The tenant would prefer they not paint at this time. Mr. Urmann responded he had not spoken to Pat Fish (Fire Prevention) about this issue; therefore, he would have to do filrther research to determine if it is a health or sanitation issue. If it is only a cleaning issue, Fire Prevention would allow them to clean the walls to bring it into a standard condition of health and compliance. They can paint when another tenant moves into the properly. Provide and maintain an approved one-inch throw single cylinder deadbolt lock. - Mr. Saphir stated one lock needs to be repaired. The other lock is functional, but not the right length; it is 3/4 of an inch. These locks sepazate the rooms from the hallways. Mr. Urmann responded the 3/4 inch functional deadbolt in place is acceptable under the code. The lock that is nonfixnctional would have to be replaced with a compliant one inch throw deadbolt lock. Gerry Strathman's decision is as follows: Appeal granted on the September 19, 2001, Certificate of Occupancy report as follows: 1) The deadbolt locks that do not work have to be replaced with a conforming one inch deadbolt lock and the operable 3/4 inch locks can remain untii they need to be replaced, 2) The Unit 3 walls need to be in a sanitary condition, and an inspector will deternune if the wall is unsanitary; 3) If the nonconfornung doors ever need to be replaced, they wili be replaced with confornung fire rated door assemblies. O\—l\c.7-. PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 4 912 Carroll Avenue (The condemnation is lifted; therefore, there is nothing to appeal.) 295 Summit Avenue The following appeazed: Gloria Fritz, owner, and Ed Hanson, realtor. Ms. Fritz stated when she took over the properiy in 1989, the properiy had been boazded up. There were six feet of water in the basement and wires hanging all over. She poured a lot of money and work into the properry. She refinanced some of her other properties to support these improvements and buy her husband out. She has to sell it because the properry has to pay some of the debt she has incurred since she decided to divorce her husband. She has kept up on the mortgages. The property is listed with Realtors. She has changed light fixtures, added fiuniture, cleaned it up. She cannot afford to have any more mortgages on this properiy. Gerry Strathman asked who lives there now. Ms. Fritz responded she has tenants and she lives there. Ms. Fritz stated the Fire Depazhnent came out on October 1 and posted her doors. Five tenants refused to pay rent. It is a hardship for her to make payments, unless everybody pays 100%. Provide and maintain all exterior walls from holes and deterioration. All exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint. Ms. Fritz stated she cannot do the exterior at this time. She would like to put more monay into the properry, but she has to pay for it as she goes. She cannot do anymore than she is doittg. Repair and maintain the walls in an approved manner. Repair and paint all ceilings and walls where needed, this includes the south bathroom wall and tile, the common area on second floor, the west stairwell, and the front entry. Also replace all missing door knobs throughout first and second floor. Paint bathroom walls and ceiling in bedroom #3. Repair and paint bedroom #5 walls and ceiling. - Ms. Fritz stated her ex-husband removed several of the door handles. She has been looking for doorlrnobs to repiace them. Mr. Hanson stated he has looked for matching hardware for the doors. The cost is $280 to $320 per door because all the hazdwaze was pulled. Mr. Strathman asked how this effects the tenants. Ms. Fritz responded the tenants have not complained. They just wanted a latch to lock their rooms. If he understands Ms. Fritz, stated Mr. Strathman, she is prepared to do all the other repairs, except for replacing the door knobs. He asked what kind of hazards, risks, or problems would arise out of the absence of those doorlrnobs. Mr. Zangs responded his concern is someone accidenfly being locked in a closet with no door handle to open. Ms. Fritz responded there are no latches nor doar l�andles. She just put a deadbolt like lock on the doors. The hardware is missing for opening and shutting the door. Without the hazdware in place, responded Mr. Urmann, the tenant could be trapped without hauing a functioning door. o�-��c.� PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 5 Mr. Strathman stated he has a vision of a door with handle plates on it but no handles and no latches. Mr. Urmann responded Ms. Fritz stated she has put hardwaze on the doors so they can lock the doors when they leave the properry. That is an accident waiting to happen. Ms. Fritz responded that is just for their individual bedrooms. Mr. Strathman stated there is one functional lock on these doors and it is a deadbolt with a thumb lock on one side and a key lock on the other side. Ms. Fritz responded that is the situation. Mr. Zangs responded there were several hallway closets to the hallway stairwells without door lrnobs on them. Ms. Fritz responded those ciosets aze empty and no one uses them. They were origivally for maids to store supplies. The other item concerns the tile, stated Mr. Strathman. Ms. Fritz responded she did paint the bathroom with two coats. She did the same with the other bathroom. For the hallways, she painted what she could manage. She plastered to make it smooth. Mr. Strathxnan stated the only thing bothering him at this time is the door lrnob situation. He asked is it their judgement that the current securing of the door is a hazard or a cosmetic issue. Mr. Zangs responded he cannot recall if it was cited because of the hazdware being there. Mr. Urmann responded they have an appoinfinent to go to the properiy on October 18. Mr. Strathman stated when a building is condemned, rent cannot be collected. He asked is that also the case when certificate of occupancy is revoked. Mr. Urmann responded it is not legally. His understanding is they can hold rent on a revocation. He does not know for certain what the tenants rights are. Mr. Strathman asked have the tenants offered any legal defense for their refusal to pay rent. Ms. Fritz responded they said they have to be out by the 31 st. Mr. Urmann stated the exterior issue has been in existence since October 30 of last yeaz. They haue tried to work with the owner to come into compliance with the exterior. Tom Zangs stated there are some eaves that aze rotting. There aze places with rotting wood. There are balustrades missing and no handrails. Ms. Fritz responded she did try for a loan and was denied. Mr. Urmann stated all of these orders have been in place since May 22, 2001. The only order that has changed is the revocation. He asked does the revocation open up all the other orders for appeal. Mr. Strathman responded the revocation is an enforcement action. If these items underlie that enforcement action, they can be appealed. Mr. Strathman asked what she is seeking. Ms. Fritz responded she is trying to sell the properry. She has given the property as much tune as she can. She has had offers, but they are ridiculous. She has to make a certain dollaz amount. There is no more equity in anything else. Mr. Strathman stated if her objective is to sell it, maybe it would be good to get educated guest from her realtor on the likelihood of this properry being sold and a reasonable rime frame. Mr. Hanson responded Ms. Fritz has tried to market the property and sell it in several other ways. It was listed by another realtor who tried to sell it as four condominiums but they could not finalize � l- �1t,Z PROPERT'Y CODE F,NFORCEMENT NOTES OF OCTOBER 16, 2001 Page 6 the condominium concept. It could be mazketed as a single family home, Ms. Fritz has only put it on the mazket in the Saint Paul Pioneer Press. It was listed in the MLS (Multiple Listing Service). He will use other mazketing tools. The property is listed at $1.2 Million. It should be worth a lot more when all the work orders are completed. Ms. Fritz stated she has a letter from Steve Zaccard (Fire Prevention). She also has a certificate of occupancy that was issued in May. Mr. Zangs responded the certificate of occupancy was grauted because he received a copy of a proposal for work to be done on the outside. Mr. Urmann added this issue was brought before Mr. Stratbman when it was owned by Ms. Fritz and her ex-husband. They were granted a variance for exterior compliance. Mr. Urmann has yet to find that it has been complied with. (Ms. Fritz showed a letter from Zaccazd and other documents to Mr. Strathman.) Mr. Strathxnan stazed there aze issues too uncleaz for a final decision today. He wili continue this to a week from today. The inspectors do not haue a cleaz enough recoilection of the situation. There are sometimes creative solutions that the Fire Department can arrange. Rqr. Zaccard has already indicated he is prepared to grant additional time for the exterior repairs. If the Fire Department says the issne is cosmetic or they found another way to do it, they can deal with that. Gerry Strathman laid over this matter to a special Property Code Enforcement Meeting of Tuesday, October 23, 2001, 130 p.m. This will give the inspectors time to inspect the door knobs. If it should happen that there are no differences, no one will need to return on October 23. Mr. Urmann responded if the issue is cosmetic, the inspectors will work with the owner on site. (Note: Michael Urmann called on Monday, October 22, 2001, to say that there is no need for a continuance meeting on OcYober 23. That being the case, Gerry Strathman's decision is as follows: Appeal denied on the Notice of Revocation dated October 3, 2001, because the door knob issue has been resolved and the Fire Depazhnent wiii grant extensions on fhe exterior repairs as necessary.) 2300 Wycliff Street The following appeared: Jetry Turner and William Hockenberger representing Catholic Chariries. Mr. Turner stated the only issue they have a problem with aze the deadbolt locks. They serve cl�ronic alcoholics. About 60 residents reside there. About half of the rooms are double. There aze locks on the individual doors, but there are no deaclbolt locks. Having the deadbolts plus the other lock on the door wouId put their clients at risk because staff would have to open two locks to access a room. When the fire alarm goes off, staff goes through every room. Mr. Strathman asked for a description of a typical door the way it is now and as it would be if they complied with the order. Mr. Turner responded it is a regulaz eaterior door. It has a lock on the handle of the door. They can hun it on the inside and lock it without the key. The deadbolt a�•����. PRQPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 7 woutd be in addition to that. Mr. Urmann responded he would not be opposed to an appeai in tiris situation. A.lI of fhe unit doors have passage locks on them. Gerry Strathman granted a variance on the one inch throw single-cylinder deadbolt lock on all units. 591 Pavne Avenue Gerry Strathman stated the appeal has been withdrawn because fhe gas service has been restored. (Case closed.) The meeting was adjourned at 2:56 p.m. rrn �"�'���^i�l�t : t� ,_ _;,�;vt�v� Presented Referred To Committee Date 1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the October 16, 2 2001, decisions of the Legislative Hearing Officer on Properly Code Enforcement appeals for the following 3 addresses: 4 Properiy Appealed Appellant 844 A�ate Street Danny E. Wena Decision: Appeal denied on the September 18, 2001, Conection No6ce, but the compliance date is extended on the painting to May 1, 2002, and the compliance date is eatended on all the other items to December 1, 2001. 8 352 Bates Avenue Bill Walker 9 Decision: Variance granted on the mechanical ventilation in the Unit 1 bathroom. If the Unit 1 bathroom is 10 ever rernodeled and a ventilation system becomes feasible, the owner will be required to install a mechanical ll ventilation system. 12 361 Bates Avenue Tamiuy Bakeberg for MidWest Home 13 Management, LLC 14 Appeal granted on the September 19, 2001, Certificate of Occupancy report as follows: 1) The deadbolt locks 15 that do not work ha�e to be replaced with a conforming one inch deadbolt lock and the operabla 3/4 inch locks 16 can remain until they need to be replaced, 2) The Unit 3 walls need to be in a sanitary condition, and an 17 inspector will determine if the wall is unsanitary; 3) If the nonconforming doors ever need to be replaced, they 18 will be replaced with confornung fire rated doar assemblies. 19 912 Carroll Avenue Mark J. McGirl 20 (Condemnation is lifted; case is closed.) 21 295 Smmnit Avenue Gloria Anne Fritz 22 Decision: Appeal denied on the Notice of Revocation dated October 3, 2001; however, the Fire Deparhnent 23 will grant extensions on the ea�terior repairs as they feel is needed. 24 2300 Wvcliff Street William Hockenberger for Catholic Charifies 25 Decision: Variance granted on the one inch throw single-cylinder deadbolt lock on a11 units. Council File # O�— �\G�- Green Sheet # 110339 RESOLUTION CITY OF SAINT PAUL, MINNESOTA a 3 26 591 Pavne Avenue 27 (Appeal is withdrawn; case is closed.) Crreen Sheet 110339 Page 2 O� -1\v} 1 2 3 4 5 6 7 Yeas Nays Absent Blakey ✓ Coleman � Harris f Benanav � Reiter � Bostrom � Lantry � '�( p o 8 9 10 AdoptedbyCouncil: Date:���, � �oo� 11 12 Adoption Certified by Council Secretary 13 By: -'� ` � . � ��__________--= 14 Approved Mayor: 15 Date; �V �Cl Z�� 16 By: G�r. >n Requested by Department of: I� Form Approved by City Attorney I� Approved by Mayor for Submission to Council : � City Council Offices Strathman, 266-8560 ���� 10-24-2001 xuYBFR PoR TOTAL # OF SIGNATURE PAGES GREEN SHEET ea�.,�r o.cerae ----'�� -��c.a No 1 t 0 339 ? aneawu. ❑ an�nowar ❑ aneiac ❑ RYIKJ�LiflIYCFf4t ❑ INI11GLLi ❑ MYGII�YY�4R� ❑ (CL1P ALL LOCATIONS FOR SICaNATUREj Approving the 10-16-2001 decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 844 Agate Street, 352 Bates Avenue, 361 Bates Avenue, 912 Carroll Avenue, 295 Summit Avenue, 2300 Wycliff Street, and 591 Payne Avenue. PLANNING COMMISSION CIB COMMITTEE CML SERVICE CAMMISSION Has this cersaMm� ererNatked uMer a coMroet for Uus depaMieM9 YES NO Has this pelsonlfirm e+er bcen a criy empbyce7 YES NO Oces this De�saVfirm Oossess a sldll naf rarmallyposcessed by anY arteM tltY �PbYee9 YES MO is n� cereo��� a mroe�a.endo�� rES rio ��°i;,'� °� �a�"�£?e:=r� �P6?�`,�5 c��.� f;e � � TRANSACTION SOURCE '�- ' COST/REVENUE BUDGETm (dRCLE ONq ACTNRY NUMBER YEt NO o�_��c.�. NOTES OF PROPERTY CODE ENFORCEMENT MEETING Tuesday, October 16, 2001 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Ed Smith, Code Enforcement; Michael Urmann, Fire Prevention; Tom Zangs, Fire Prevention Gerry Strathman called the meeting to order at 1:30 p.m. 844 Agate Street Dan Werra, owner, 3811 131 st Avenue NE, Blaine, appeared and stated someone compiained about the building he owns. He assumes it was a tenant. He got a work order in July about an infestation of bugs and minor repairs. Mr. Werra visited with his tenants, and took a sample to the University of Minnesota. The tenant indicated the sample had come out of her skin. The university indicated it was a chicken bone and not a bug. When Mr. Werra told her it was a chicken bone that came out of her skin, the tenant got upset with him and called the City to complain about more things. The City revisited the properry and wrote up some additional items. The tenant is on medication. Mr. Werra told the City there were psychological things going on with the tenants. Mr. Werra thought the additional problems were a retaliation. He preceded to do the repairs to the property. The tenants got violent and boisterous with him, and Mr. Werra indicated to the City that he felt unsafe at the property. He has a list of police calls at the residence. He asked far an appeal on some of the items on the nofice. Today, he got an eviction summons, and the judge gaue the tenants until the October 19 to vacate the property. From the last two months, he has not gotten in there to do the work. He needs more time and that is why he appealed this today. Gerry Strathman asked will the tenants be gone by October 19. Based on a conversafion today, responded Mr. Werra, the tenants look like they are 95% out. Item 1- Install stairs at the west entrance - Mr. Werra stated he moved into the property in 1990. That is the way the stairs were then, and it was approved by the City. There is a balcony there. It never was an entrance. There aze two other entrances to the interior. Ed Smith stated there was a ladder that was not attached. He felt it was unsafe. It should be stairs or nothing at all. Mr. Strathman asked is he prepazed to remove the ladder at the west entrance. Apparently, responded Mr. Wena, the tenants put the ladder there. It will be removed. Item 2- Install GFCI outlet in the basement near the sink - Mr. Werra stated there aze GFCI outlets where there is water within two feet. That may have been overlooked during the inspecrion. It is an easy matter to deternune if it is GFCI, stated Mr. Strathman. He will leave that issue stand in order for the owner and inspector to work it out. Item 3- Scrape and paint soffits, fascia, and window casings - Mr. Werra stated this was not on the first order. The house could use painting. It is getting so late in the yeaz that he is concerned he will not be able to get it done. Everything else on the list can be taken care of. As ot - ��c.� PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 2 of October 19, it will no longer be rental property; he will put it on the market to sell. Mr. Smith responded the painting could wait until spring. Ae spoke to his supervisor; they have no problem granting an eatension because the owner felt the tenant was unstable and could not be trusted. Mr. Smith reported he went out there with his supervisor Harold Robinson to do a thorough inspection. Mr. Smith thought the property was unsafe due to the mold on the ceiling and wall in the basemem and upstairs bathroom. Plus, there were other issues. Mr. Strathman stated he would like to see a firm date as to when things should be finished. He asked what would be a reasonable time except for the painting. Mr. Smith responded December 1. Mr. Werra responded he would not have a problem with that date. Gerry Strathxnan denied the appeal on the September 18, 2001, Correction Notice, but the compliance date is extended on the painting to May 1, 2002, and the compliance date is extended on all the other items to December 1, 2001. Mr. Werra responded the property wiil hopefully be soid before December 1. 352 Bates Avenue Bill Walker, properry manager, 1032 Crrand Avenue, appeared and stated his issue is concerning a certificate of occupancy inspecfion by Barb Cummings (Fire Department). She is asking the owner to install a mechanical fan in the bathroom. They are appealing it because the location of the bathroom is not on an exterior wall. What separates it from the exterior wall is a staircase. There is no reasonable way to vent a fan. The demolition involved would be considerable. This is a fixll bath. The apartment has two bathrooms, the other bathroom is legal with a window and a fan. Gerry Strathman asked have there been any issues with mold or moisture in the bathroom. Mr. Walker responded no. The tenants take good care of the apartment. He hired a licensed electrical contractor to do the work. They aze the ones who sumined it up and advised him on it. Michael Urmann reported he has been notified of the difficuity of installing a fan and tl�at there is another bathroom. There aze no mold issues. Gerry Strathxnan granted a variance on the mechanical ventilation in the Unit 1 bathroom of the May 24, 2001, Certificate of Occupancy report. If the Unit 1 bathroom is ever remodeled and a ventilation system becomes feasible, the owner will be required to install a mechanical ventilation system. 361 Bates Avenue The following appeared: Tanvny Bakeberg, owner, and John Saphir, manager, both of 5324 Newton Avenue South, Minneapolis. Mr. Saphir stated he has questions about some of the items. o�..i��.s. PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 3 Basement rooms must have a ceiling separation-one hour - Mr. Saphir stated they have a hanging ceiling of some type of fiber material that is not code. It is a false ceiling to hide the horizontal pipes. Above it is a concrete stucco ceiling. Gerry Strathman asked is that ceiling acceptable. Michael Urmann responded it would be acceptable if there are no penetrations tUrough the ceiling. His understanding is to install the false ceiling, there has to be some penetration made tl�rough the ceiling and also pipe penetrations that run through it. Each penetration should be sealed with fire rated material or the owner should install an interconnected smoke detector. Mr. Saphir asked what is an interconnected smoke detector. They have a fire box where the smoke detectors throughout the property are located. Mr. Urmann asked is there smoke or heat detection in the basement. Mr. Saphir thought they had both, but he does not lmow for sure. Mr. Urmann stated it sounds like they have a full alann system. That would be adequate if there is smoke detection. He would have to have the field inspector check into it fiuther. Mr. Strathman stated the inspector will check on that. If they don't have it, they will haue to install it or deal with the penetrations. Provide, repair, or replace the fire rated door and assembly - Mr. Saphir stated the individual doors have sheet metal on one side. Mr. Strathman responded at one time, the fire department thought that was a satisfactory solution, but that is not a solution now. He has been granting variances on this issue for buildings that aze otherwise compliant. Mr. Urmann responded he would not object to a variance on this issue. Unit 3- Repair and maintain the walls in an approved manner. Paint the wall. Patch the holes and/or crack sin the walls. - Mr. Saphir stated this particular tenant has been there for a while. The walls need cleaning and not repair. Ms. Bakewell stated there are no cracks and holes, but the tenant is a heauy smoker; the walls are stained. The tenant would prefer they not paint at this time. Mr. Urmann responded he had not spoken to Pat Fish (Fire Prevention) about this issue; therefore, he would have to do filrther research to determine if it is a health or sanitation issue. If it is only a cleaning issue, Fire Prevention would allow them to clean the walls to bring it into a standard condition of health and compliance. They can paint when another tenant moves into the properly. Provide and maintain an approved one-inch throw single cylinder deadbolt lock. - Mr. Saphir stated one lock needs to be repaired. The other lock is functional, but not the right length; it is 3/4 of an inch. These locks sepazate the rooms from the hallways. Mr. Urmann responded the 3/4 inch functional deadbolt in place is acceptable under the code. The lock that is nonfixnctional would have to be replaced with a compliant one inch throw deadbolt lock. Gerry Strathman's decision is as follows: Appeal granted on the September 19, 2001, Certificate of Occupancy report as follows: 1) The deadbolt locks that do not work have to be replaced with a conforming one inch deadbolt lock and the operable 3/4 inch locks can remain untii they need to be replaced, 2) The Unit 3 walls need to be in a sanitary condition, and an inspector will deternune if the wall is unsanitary; 3) If the nonconfornung doors ever need to be replaced, they wili be replaced with confornung fire rated door assemblies. O\—l\c.7-. PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 4 912 Carroll Avenue (The condemnation is lifted; therefore, there is nothing to appeal.) 295 Summit Avenue The following appeazed: Gloria Fritz, owner, and Ed Hanson, realtor. Ms. Fritz stated when she took over the properiy in 1989, the properiy had been boazded up. There were six feet of water in the basement and wires hanging all over. She poured a lot of money and work into the properry. She refinanced some of her other properties to support these improvements and buy her husband out. She has to sell it because the properry has to pay some of the debt she has incurred since she decided to divorce her husband. She has kept up on the mortgages. The property is listed with Realtors. She has changed light fixtures, added fiuniture, cleaned it up. She cannot afford to have any more mortgages on this properiy. Gerry Strathman asked who lives there now. Ms. Fritz responded she has tenants and she lives there. Ms. Fritz stated the Fire Depazhnent came out on October 1 and posted her doors. Five tenants refused to pay rent. It is a hardship for her to make payments, unless everybody pays 100%. Provide and maintain all exterior walls from holes and deterioration. All exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint. Ms. Fritz stated she cannot do the exterior at this time. She would like to put more monay into the properry, but she has to pay for it as she goes. She cannot do anymore than she is doittg. Repair and maintain the walls in an approved manner. Repair and paint all ceilings and walls where needed, this includes the south bathroom wall and tile, the common area on second floor, the west stairwell, and the front entry. Also replace all missing door knobs throughout first and second floor. Paint bathroom walls and ceiling in bedroom #3. Repair and paint bedroom #5 walls and ceiling. - Ms. Fritz stated her ex-husband removed several of the door handles. She has been looking for doorlrnobs to repiace them. Mr. Hanson stated he has looked for matching hardware for the doors. The cost is $280 to $320 per door because all the hazdwaze was pulled. Mr. Strathman asked how this effects the tenants. Ms. Fritz responded the tenants have not complained. They just wanted a latch to lock their rooms. If he understands Ms. Fritz, stated Mr. Strathman, she is prepared to do all the other repairs, except for replacing the door knobs. He asked what kind of hazards, risks, or problems would arise out of the absence of those doorlrnobs. Mr. Zangs responded his concern is someone accidenfly being locked in a closet with no door handle to open. Ms. Fritz responded there are no latches nor doar l�andles. She just put a deadbolt like lock on the doors. The hardware is missing for opening and shutting the door. Without the hazdware in place, responded Mr. Urmann, the tenant could be trapped without hauing a functioning door. o�-��c.� PROPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 5 Mr. Strathman stated he has a vision of a door with handle plates on it but no handles and no latches. Mr. Urmann responded Ms. Fritz stated she has put hardwaze on the doors so they can lock the doors when they leave the properry. That is an accident waiting to happen. Ms. Fritz responded that is just for their individual bedrooms. Mr. Strathman stated there is one functional lock on these doors and it is a deadbolt with a thumb lock on one side and a key lock on the other side. Ms. Fritz responded that is the situation. Mr. Zangs responded there were several hallway closets to the hallway stairwells without door lrnobs on them. Ms. Fritz responded those ciosets aze empty and no one uses them. They were origivally for maids to store supplies. The other item concerns the tile, stated Mr. Strathman. Ms. Fritz responded she did paint the bathroom with two coats. She did the same with the other bathroom. For the hallways, she painted what she could manage. She plastered to make it smooth. Mr. Strathxnan stated the only thing bothering him at this time is the door lrnob situation. He asked is it their judgement that the current securing of the door is a hazard or a cosmetic issue. Mr. Zangs responded he cannot recall if it was cited because of the hazdware being there. Mr. Urmann responded they have an appoinfinent to go to the properiy on October 18. Mr. Strathman stated when a building is condemned, rent cannot be collected. He asked is that also the case when certificate of occupancy is revoked. Mr. Urmann responded it is not legally. His understanding is they can hold rent on a revocation. He does not know for certain what the tenants rights are. Mr. Strathman asked have the tenants offered any legal defense for their refusal to pay rent. Ms. Fritz responded they said they have to be out by the 31 st. Mr. Urmann stated the exterior issue has been in existence since October 30 of last yeaz. They haue tried to work with the owner to come into compliance with the exterior. Tom Zangs stated there are some eaves that aze rotting. There aze places with rotting wood. There are balustrades missing and no handrails. Ms. Fritz responded she did try for a loan and was denied. Mr. Urmann stated all of these orders have been in place since May 22, 2001. The only order that has changed is the revocation. He asked does the revocation open up all the other orders for appeal. Mr. Strathman responded the revocation is an enforcement action. If these items underlie that enforcement action, they can be appealed. Mr. Strathman asked what she is seeking. Ms. Fritz responded she is trying to sell the properry. She has given the property as much tune as she can. She has had offers, but they are ridiculous. She has to make a certain dollaz amount. There is no more equity in anything else. Mr. Strathman stated if her objective is to sell it, maybe it would be good to get educated guest from her realtor on the likelihood of this properry being sold and a reasonable rime frame. Mr. Hanson responded Ms. Fritz has tried to market the property and sell it in several other ways. It was listed by another realtor who tried to sell it as four condominiums but they could not finalize � l- �1t,Z PROPERT'Y CODE F,NFORCEMENT NOTES OF OCTOBER 16, 2001 Page 6 the condominium concept. It could be mazketed as a single family home, Ms. Fritz has only put it on the mazket in the Saint Paul Pioneer Press. It was listed in the MLS (Multiple Listing Service). He will use other mazketing tools. The property is listed at $1.2 Million. It should be worth a lot more when all the work orders are completed. Ms. Fritz stated she has a letter from Steve Zaccard (Fire Prevention). She also has a certificate of occupancy that was issued in May. Mr. Zangs responded the certificate of occupancy was grauted because he received a copy of a proposal for work to be done on the outside. Mr. Urmann added this issue was brought before Mr. Stratbman when it was owned by Ms. Fritz and her ex-husband. They were granted a variance for exterior compliance. Mr. Urmann has yet to find that it has been complied with. (Ms. Fritz showed a letter from Zaccazd and other documents to Mr. Strathman.) Mr. Strathxnan stazed there aze issues too uncleaz for a final decision today. He wili continue this to a week from today. The inspectors do not haue a cleaz enough recoilection of the situation. There are sometimes creative solutions that the Fire Department can arrange. Rqr. Zaccard has already indicated he is prepared to grant additional time for the exterior repairs. If the Fire Department says the issne is cosmetic or they found another way to do it, they can deal with that. Gerry Strathman laid over this matter to a special Property Code Enforcement Meeting of Tuesday, October 23, 2001, 130 p.m. This will give the inspectors time to inspect the door knobs. If it should happen that there are no differences, no one will need to return on October 23. Mr. Urmann responded if the issue is cosmetic, the inspectors will work with the owner on site. (Note: Michael Urmann called on Monday, October 22, 2001, to say that there is no need for a continuance meeting on OcYober 23. That being the case, Gerry Strathman's decision is as follows: Appeal denied on the Notice of Revocation dated October 3, 2001, because the door knob issue has been resolved and the Fire Depazhnent wiii grant extensions on fhe exterior repairs as necessary.) 2300 Wycliff Street The following appeared: Jetry Turner and William Hockenberger representing Catholic Chariries. Mr. Turner stated the only issue they have a problem with aze the deadbolt locks. They serve cl�ronic alcoholics. About 60 residents reside there. About half of the rooms are double. There aze locks on the individual doors, but there are no deaclbolt locks. Having the deadbolts plus the other lock on the door wouId put their clients at risk because staff would have to open two locks to access a room. When the fire alarm goes off, staff goes through every room. Mr. Strathman asked for a description of a typical door the way it is now and as it would be if they complied with the order. Mr. Turner responded it is a regulaz eaterior door. It has a lock on the handle of the door. They can hun it on the inside and lock it without the key. The deadbolt a�•����. PRQPERTY CODE ENFORCEMENT NOTES OF OCTOBER 16, 2001 Page 7 woutd be in addition to that. Mr. Urmann responded he would not be opposed to an appeai in tiris situation. A.lI of fhe unit doors have passage locks on them. Gerry Strathman granted a variance on the one inch throw single-cylinder deadbolt lock on all units. 591 Pavne Avenue Gerry Strathman stated the appeal has been withdrawn because fhe gas service has been restored. (Case closed.) The meeting was adjourned at 2:56 p.m. rrn