Loading...
96-1098 ���� ; �` � "� � �'��� �t � � M� � � E� Council File#�� `~# ° � � � � 4� ��� 9 Jy �q� Green Sheet# RESOLUTION " OF SAINT PAUL, MINNESOTA � Presented by Referred To Committee Date 1 BE IT RESOLVED,that the Council of the City of Saint Paul hereby certifies and approves the August 6, 2 1996 decision of the Legislative Hearing Officer: 3 Pro�ertv�nnealed Q��11� 4 1748 Sheridan Avenue Kelly and Dana Mattingly 5 DeCisiOn: Deny appeal- but grant ninety (90) days to correct code violations. 6 FURTHER RESOLVED,that this action shall become effective immediately upon approval of the Mayor. Yeas Na s Absent Requested by Department of Blakey Bostrom Guerin Harris Megazd By: Rettman Thune � Form Approved by City Attorney By: Adopted by Council: Date �� _ � ��q� Adoption rtified by Council Secretary Approved by Mayor for Submission to Council By: By: i � Approved by Mayor: �� �� By: �. � 9G�/oy�' DATE INITIATED O crr�r covricII. �� �iREEN SHEET N_ 3 5 5 8 8 j ��EPARTMENT DIRECTnR � �CITY COUt�il INITIAUDATE Gerry Stcsthmat►266-8575 �ap �cm nrroaNer �CITY CLERK — u. cor�re� �� �BUDQET DIHEC'TOR ��.a�or.seRVices aA. �Cf,4� 1'� , �� �MA1fOR(OR A�18TM(T) � TOTAL#►OF SK3NATURE RAtiEB (CL1P AL�LACATIONS FOR SIGNATUR� ��cr�or�nRCt�sreo: Approving the dxision of the Legislative Hearing 0fficer on Praperty.Code Enforcxment Appesla for tl�e Augnst 6, 1996 meeting. :Appuv�(A)a Ry�t(R) PER80NAL SERVICE CONTRACTS MUST AN8WER TME FOLLOWIMG QtiE8T10lIa: _PWrNM10 COAMd18�N _CIVIL 8ERVICE COMMII8810N 1. Has lhis psrson/flrm wsr worked under a ooMract}or this depub�nt? - _C18 COMMITTEE _ �S NO 2. Mes this peroonMlrm ever bssn a city employse? —8T� — YE3 NO _DISTRICT COURT _ 3. Does this persoMitm poesees a skNl not nortnelly P�d by�nY ourrent o�Y smployes9 SUPPORTS WNK�M WUNC�OBJECTIVE9 YES NO Explein all ya�ns�wn a��nt��M�t�nd�tach M q►Mn�hNt INITIATMlO PROOLEM.�SUE�OPPqiTUNITY(Who,VYhet,Whsn.Wh�ro,WhY): ADWUiT/KiE81F APPROVED: �IBADVANTAOES IF APP�D: �Y� �w`^' ll�,i� AUG 2 81996 �..._.--�--+, �-- DI611�/ANTAGEB IF NO�T APPROVED: TOTAL AMOUNT OF TRANSACTION = COST/REVENUE OUDGETED(CIRCI.E ONE) YES NO FUNDINf3 S011RCE ACTIVITY NUMBER FINANCIAL INF�ORMATION:(EXPLAIN) � �-�1���' Property Code Enforcement Meeting August 6,1996 843 Rice Street, 740 N. Snelling Avenue and 1075 Hudson Road Phil Owens, Fire Prevention, sta.ted that the Certificate of Occupancy was revoked for each property based on the unlawful activities which had occurred on numerous occasions at the properties. He had been informed by the Police Department that acts of prostitution and prostitution related offenses had occurred at each of the premises over the preceding 12 months. There had been a total of 21 arrests made and 843 Rice Street, business known as Cosmos, between June, 1995 and June, 1996. Two of the offenses were for promoting prostitution,eight for engaging in prostitution and 11 for visiting a disorderly house. There had been a total of 12 arrests made at 740 N. Snelling,business known as Lee Lenore's,between June, 1995 and June, 1996. Two of the arrests were for promoting prostitution, five for engaging in prostitution and five for visiting a disorderly house. There had been a total of nine arrests made at 1075 Hudson Road, business known as the Emporium,between June, 1995 and June, 1996. Three of the arrests were for promoting prostitution and six for visiting a disorderly house. Based on this information,the Certificate of Occupancy for each property was revoked and the premises were ordered vacated. The property owners of record were notified by mail as well as posting of the notice of revocation at the premises. Mark Vaught,attorney representing Linda Spencer,Kandi-Rain,Inc.and L& S,Inc.,appeared and stated that . the revocation for the Certificate of Occupancy for each business were revoked unlawfully. He raised the issue concerning proper legal notification to his clients as they never received direct notification from Fire Prevention. He did not believe posting notification on the building was sufficient for notification purposes. He also raised issues concerning whether the evidence obtained by Fire Prevention was sufficient to revoke � the certificate of occupancy and did not believe that the Legislative Code as enforced by the city was constitutional. Gerry Strathman, Legislative Hearing Officer, stated that concerning the issue of notification,the property owners obviously were notified since they were being represented by an attorney. Concerning the issue of the constitutionality of the law and the sufficiency of the evidence,he did not believe he was not qualified to make that judgment. He recommended denying the appeal. He stated that the next step in the appeal process would be to the City Council at the August 14 meeting. It would be his suggestion to the Council that the matter be referred to an administrative law judge for a determination. 1573 Selby Avenue,Apt.246 David Fesler,a tenant in the building owned by Snelling Avenue Property Partnership, appeared and stated that he was appealing the order to install a single cylinder dead bolt lock on the exit door to his apartment unit. He explained that his apartment unit was the only unit in a commercial building. He and his wife had lived there for 11 years and they frequently took vacations. It was his desire to maintain a double cylinder dead bolt lock on the exit door to detract would-be thieves. Mr. Strathman stated that since the tenant was aware that he could compromise his safety in the event of a fire by maintaining double dead bolt locks on the entrance to his apartment unit,he would grant the variance, however, it was conditioned on the occupancy for his tenancy only. Property Code Enforcement Notes ��` l �� � August 6, 1996 Page - 2 - 1913 Carroll Avenue Curtis Decker,property owner,appeazed and stated that he needed additional time to complete the repairs to the building. He had purchased the home approximately six years ago and was aware that there were repairs which needed to be made. He had already rebuilt the rear porch and rear stairway. He also rebuilt a portion of the roof as it was flat in one area and did not provide appropriate water drainage. The roof, at the present time, was only temporary as he had used rolled roofing as a repair and planned to completely replace the entire roof on the house next year. The garage roof had been leaning against the neighbor's garage roof and he repaired it by removing part of the garage overhang where a tree had been leaning against it and braced the roof back into place. He acknowledged that it had taken him some time to complete making the repairs as he had some personal financial problems due to a change in employment. He planned to replace the windows on the house during the fall as well as complete the repairs to the stairway area. Pat Fish,Fire Prevention, stated that the building permits had expired,however, had been reactivated by the building inspector on the condition that there be substantial repairs completed within a timely manner. Mr. Strathman denied the appeal, however, granted an extension for 90 days to complete repairs to the stairway and replacement of windows and granted an extension to August 6, 1997 for replacement of the roof. 266 E. Seventh Street Alan Weinblatt, attorney representing Marion Rose, appeared and stated that they were appealing the revocation for the Certificate of Occupancy. The building was an industrial warehouse which was over 100 years old and in need of serious repairs. The owner was not disputing the need to make the repairs,however, the work which would be necessary to make all of the repairs was very costly and would cause an undue hardship to the owner. They were in the process of working with various city departments to come up with a work plan and financial plan which would enable the owner to complete the repairs. He requested additional time to be able to arrange financing and complete a work plan. Phil Owens, Fire Prevention, stated that the exterior facade of the building was in such a serious state of deterioration that he feared bricks could fall off the building injuring someone. He pointed out that orders had been issued in December, 1995 to repair the exterior and complete a work plan and the owner appealed the order. An e�ension was granted to June, 1996 and since nothing had been done on the part of the owner, the Certificate of Occupancy was revoked. John Kimball, PED, stated that this was a historic building with a history of problems. The building had a marginal use in terms of being able to provide any significant source of income to the owner. He believed it was necessary to facilitate a meeting between all of the involved city departments and the owner to work out a plan for making the repairs as well as involving PED to assist with financing. Mr. Strathman laid the matter over to the September 17, 1996 Property Code Enforcement meeting to allow the parties the opportunity to complete a work and finance plan for repairing the building. 415 Sherburne Avenue (lower� Property Code Enforcement Notes _ l��� August 6, 1996 �� Page - 3 - Jeffrey Cody, property owner, appeared and stated that he was appealing the condemnation order. He was in the process of making the necessary repairs and intended to complete those repairs within the following few days. Mark Kaisersatt,Public Health, stated that he had inspected the property that morning. The owner had made a majority of the repairs and the only remaining items were replacement of windows and screens on the house and the basement area needed to be cleaned. Royce Lawson, Southern Minnesota Regional Legal Services, appeared on behalf of his client, Beauford Jackson, a tenant in the building. It was his client's intention to remain in the building and he had pursued a Tenant's Remedies Action through Housing Court. There was another hearing scheduled on the matter on August 9 and it was ordered that all repairs must be completed by that time. Mr. Strathman sta.ted that since most of the work had been completed and it was likely that the Housing Court action would take precedence over this proceeding, he denied the appeal. 1748 Sheridan Avenue Kelly Mattingly,property owner,appeared and stated that he was appealing the vacant building registration. He had purchased the home from HiJD and was not aware that the building was registered as vacant and would require full code compliance for a11 necessary repairs before the building could be occupied. He could not afford to live somewhere else and complete the necessary repairs. Carolyn Shepard, Public Health, stated that the building had been registered vacant since July, 1995. According to the code compliance inspection which had been completed in November, 1995, there were serious health and safety concerns which needed to be taken care of immediately before the building could be occupied. Mr. Strathman denied the appeal. 662 Canton Street William Nichols,property owner, appeared and stated that he was appealing the vacant building registration. He was in the process of making repairs to the building and planned to have the repairs completed within two months. Carolyn Shepard, Public Health, stated that the building was vacant and she was unsure as to when the building had been registered as vacant. Mr. Strathman granted the appeal conditioned on the re-occupancy of the building within 90 days. 421 S. Wabasha Street Allen Hartman,property owner,appeared and Marcella Hartman spoke on his behalf. They were appealing the vacant building registration. They had almost completed all of the necessary repairs and planned to have Property Code Enfarcement Notes � �/�q� August 6, 1996 � � � Page -4 - the building re-occupied within six weeks. Carolyn Shepard, Public Health, stated that the building had been condemned by Fire Prevention in June, 1996. Mr. Strathman granted the appeal conditioned on the re-occupancy of the building within 60 days. 26 Dale Street,#107 Pat Fish, Fire Prevention, stated that Fire Prevention was withdrawing the orders. 1075 Sherburne Avenue Bryan Noyes appeared and stated that he was in the process of purchasing the building and was appealing the vacant building registration notice. He planned to occupy the building within 30 days. Mr. Strathman granted the appeal conditioned on the re-occupancy of the building within 30 days. vms