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01-442Council File # O\ ��-�,� a. ORlC1i4s�,L RESOLUTION Green Sheet # 106151 0 C« Presented Refecred To Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the April 17, 2001 decision of the Legislative Hearing Officer: Propertv Appealed A nep llant 1065 Selbv Avenue Don Cameron Decision: Variance granted on non-confornung doors with the following conditions: 1) when the non- conformiug doors need to be replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 1725 Ha¢ue Avenue Johannes K. Huyen Decision: Variance granted on non-conforming doors with the following conditions: 1} when the non- conforming doors need to be replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 419 Fairview Avenue Sharon and Rudy Kessier Decision: Variance granted on non-conforming doors with the following conditions: 1) when the non- conforming doors aze replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 1596 Ashiand Avenue Stephen L. Urman Decision: Variance granted on non-conforming doars with the following conditions: 1) when the non- conforming doors need to be replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 1612 Van Buren Avenue Crreg Bauer Decision: Variance granted on non-conforming doors with the following conditions: 1) when the non- conforming doors need to be replaced, they will be replaced with confortning fire rated doors; 2} the building must otherwise be in compliance. 695 Ohio Street Michael Crrundtner 1) The fire extinguishers will be removed. 2) The heating facility will be inspected by Apri125, the reinspecfion date. 3) There must be an approved shut off valve between the gas supply outlet and the flexible metal tubing, and such tubing shall not exceed six feet per Uniform Mechanical Code Secfion 503 (a) and 503 (c). 4) A qualified building inspector will look at the basement. The owner will repair the basement exterior within three months. OF SAINT PAUL, MINNES07A 5) The owner wiil repair the exterior wall in only the areas thaC need to be repaired. 6) Delete the order to require an evacuation plan. Green Sheet 106151 O, ���� 7) 8) 9) 1Q) 11) 12) 13) The owner will make whatever repairs aze necessary to the roof and soffit within three months. Delete the order with respect to the bathroom cat litter. Delete the two orders to repair the walls and ceiling in the Unit 3 bedroom citing the minor cracks do not seem to be a shvctural or serious cosmetic problem. Delete the rivo left exit window orders in Unit 3_ If the Unit 3 bedroom exit window was broken, it has been repaired. If it was biocked, it has been unblocked. If the Unit 3 door window is broken, it needs to be repaired. If it is not broken, the order can be withdrawn. Delete the arder regarding bathroom cabinets. There is nothing to be gained by requiruig the doors to be removed and repiaced because it is a minor point. Delete the escape window order in Unit 4 citing the tenant says it is working properly. Yeas Nays Absent Blakey 1 / Coleman � Harris ,/ Benanav � Reiter f Bostrom r j Lanky � �[ 6 O Adopted by Council: Date: p o Adoption Ce ed by Council Secretary BY� -T V�"�_�._ __/` Apprc Date: By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 2 4 � _�t�k a City Council Offices XNJTACT PER90N & R10NE Gerry Strathman, 266-8560 BY 4-18=200i raa�ea Fart 70TAL # OF SIGNATURE PAGES GREEN SHEET Ov4til01f eRBfaR No �os�5� arr�auca ❑ an�nois'Er ❑ dnacuc � wur¢w.mxc�sox ❑ nuMCU�a[xw�ecro ❑ wrae�eumrwin � {CUP AJ.L LOCATIONS FOR SIGNATURE] Approving the April 17, 2001, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1065 Selby Avenue, 1725 Hague Avenue, 419 Fairview Avenue, 1596 Ashland Avenue, 1612 Van Buren Avenue, 695 Ohio Street. PLANNING CAMMISSION CIBCOMMITTEE CML SERVICE COMMISSION Has Uus person7firm ever knrired uMer a conhact ror tliis tlepartmenn VES P10 Has qas PuaqUfitm m�er be� a at�r emDbYea? YES NO Ooes Mic Pe�nlfimi P�ess a sidll not rarmaYYWSSessetl bY �Y arreM ctilY emDbyee7 YES NO k th(e pe�sorvrum a terpetetl ventloYt YES NO oc snne+sAC»� souacE coarmEVOUie suuoerEO twec�.e a+�1 ou �crwmrNUwmeErt �''�€S a�^e.c,�i4�?'3 �°"�F`,�f �t+. t ., � o "p bUil i Zi:''ii .�. �s YEa No iNww.anorv (FxawrA o � •y`1a. NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, April 17, 2Q01 Room 330 Courthouse Gerry Sirathman, Legislative Heating Of&cer STAFF PRESENT: Terry Iverson, Fire Prevenrion; Mike Urmann, Fire Prevention The meeting was called to order at 1:46 p.m. 1065 Seiby Aveaue Don Cameron, owner, appeazed. Mr. Strathman asked was this building otherwise in compliance. Mr. Urmann responded yes. Gerry Strathman granted a variance on the nonconfornung doors on the following conditions: l) when the nonconforming doors need to be replaced, they wili be replaced with confornung fire rated doors, 2} the building will otherwise be in compiiance. 1725 Hague Avenue Johannes K. Huyen, owner, appeared. Gerry Strathman granted a variance on the nonconfornung doors on the foilowing conditions: 1) when the nonconforming doors need to be replaced, they will be repiaced wath conforming fire rated doars, 2) the buiiding will otherwise be in compiiance. 419 Fairview Avenue North Sharon and Rudy Kessler, owners, appeazed. Gerry Strathman granted a variance on the nonconforming doors on the following condiflons: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doars, 2) the building will otherwise be in compiiance. 1596 Ashland Avenue (No one appeared to represent the propetry.) Mike Urmann reported that he spoke to the appellant who is unable to appeaz today. Mr. Urmann has no objecrions to a variance. Gerry Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconforining doors need to be replaced, they will be repiaced with conforming fire rated doors, 2) the building wiil otherwise be in compliance. 01-`�l�l�-- PROPERTY CODE ENFORCEMENT OF APRIL 17, 2001 1612 Van Buren Street Cneg Bauer, owner, appeazed. Page 2 Gerry Sfrathman granted a variance on the nonconfonning doors on the foilowing conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforn�iug fire rated doors, 2) the building will otherwise be in compliance. 695 Ohio Street Steve Blake and James C. Rose, representing owner Michael Grundtner, appeared. Mr. Blake stated that Mr. C`,ritndtner is fearful of appearing when Terry Iverson is present because of previous problems. All Units - Provide approved fire exfinguishers - Mr. Blake stated there has always been a fire eactinguisher in both of the rental units at this properiy. One unit is owner occupied. Minnesota Statute 299F.361 refers to buitdings containing four or more apartments. The fire extinguisher in his apartment is fully charged, stated Mr. Rose. Mr. Urmann responded that from talking to Mr. Iverson, the fire extinguishers are in place, but have not been currently tested and probably will not function in a fire emergency. The Minnesota Statute states the type of extinguisher supplied. According to the fire code, if a fire extinguisher is in place, then it is maintained to code and has to be serviced annually. However, there is no requirement for a triplex to have fire e�ctinguishers. Mr. Blake stated that is easy to comply with. Mr. Strathman asked why there is a certificate of occupancy inspection if this building has two units. Mr. Urmann responded it is a triplex by definition. The owner occupied unit is not inspected. Basement - Provide service of heating facility by a licensed contractor, which must include a carbon monoxide test. - Mr. Blake stated this will be done by the reinspection on Apri125. Basement Dryer- Provide an approved shut off valve within three feet of the appliance in accordance with the mechanical code. - Mr. Blake stated the basement is not a common area in the building. Tenants have no access to the basement, do not use the washer and dryer, and do not haue storage space there. The basement is an integral part of the owner-occupied unit and, therefore, should not have been inspected in the first place. Mr. Urmann responded it is called a common area under the code because that is where the heating system and other appliances aze tocated. Mr. Strathman stated there are two aza �ments: 1) It is not an integral part of the owner occupied unit, but a common use area, 2) Even if it is in the owner occupied section, Fire Prevention feels it is their right to issue orders. Mr. Urmann responded that is correct. Mr. Rose stated that when Mr. Iverson was in Mr. CTiuudtner's unit, he said by all rights he had no business being there. Mr. Iverson responded he has never been in Mr. ('iruudtner's unit, but was in the basement. He was not awaze it was part of a unit. That's when he noticed there was a 01—'�i.`1;1. PROPERTY CODE ENFORCEMENT OF APRIL 17, 2001 Page 3 newly installed dryer that has a line for the gas, but the shut off is about 20 feet away. Mr. Iverson asked for a shut off to be installed within three feet; at that time, there was no compliance problem. Once he saw the violation, he had to cite it. Mr. Blake stated that according to the MLTMC, there are exceptions, one being on gas buming appliances. There is a gas supply shut offvalve roughly seven or eight feet away from the dryer between the main gas feeder line and the dryer. Mr. Stratlunan asked where the three feet comes from. Mr. Urmann responded the mechanical code reads if should be within three feet of the gas appliance, readily accessable, and visible. It is for fire and emergency access. He does not have the mechanical code in front of him. N3r. Strathman stated this is a fact quesfion that can be found in the mechanical code. Entire Foundation as Necessary - Provide and maintain foundation elements to adequately support this buflding at all point - Mr. Blake stated the building is adequatelp supported in all points. There are no cracks in the walls and the building does not sag. There is some cosmetic damage on the outside. (He presented photographs to Mr. Strathman) He can cement over parts, but it will do nothing to support the building. Mr. Strathman asked what made Mr. Iverson conclude that the foundation was not adequately supporting the buiiding. Mr. Iverson responded there was snow all around the building when he did the inspection. That was one reason to go in the mechazucal room. He is not an expert on foundarions, but with the rotting on the outside, Mr. Iverson felt that someone should take a look at it. Mr. Urmann stated the tuckpointing could be a maintenance issue and an indicarion of significant structural damage. Entire Outside of Bnilding - Provide and maintain all ezterior wails free from holes and deterioration. All exterior unprotected surfaces must be painted and protected from the elements and maintained in a professional manner free from chipped or peeling paint. - Mr. Blake stated the building is in good shape, as can be seen from the photographs. There are not enough paint problems to warrant inclusion on this deficiency list. To determine the condition of the paint from the photographs is difficult, responded Mr. Urmann, because the photographs are taken at a far distance. The soffits and £ascia aze unprotected wood and starting to rot away. The City ordinance requires that all unprotected and painted surfaces be maintained. Mr. Strathman asked does the owner intend to paint or repair the building. Mr. Blake responded the owner's intention is to spot paint wheze needed. He is not prepared to paint the entire ea-terior. For each resident - Provide an approved fire and emergency evacuation pian to all dwelling units - Mr. Blake stated the apartments aze small. One apartment has a door that leads immediately to the outside. In his reading of Mi.JFC 1303, there is an exception that posting of diagrams are not required in apartment buildings. Roof and Soffits - Provide and maintain the roof weather tight and free from defects - N1r. Biake stated there are some minor repairs that need to be done, but this has been discussed already. Mr. Urmann stated this has not been completed to code. Tt is distinctive in the photographs. Mr. Strathman responded these need to be done where required. Mr. Blake and Mr. Urmann concurred. o � -�t� a- PROPERTY CODE ENFORCEMENT OF APRIL 17, 2001 Page 4 Unit 3 Bathroom Cat LitEer - Provide and maintain interior in a clean and sanitary condifion - Mr. Blake stated the City cannot site a homeowner on their housekeeping. If a person is a renter, then the City can talk about housekeeping. He does not understand how a dir[y cax little box effects the public safety. Mr. Strathman responded the City does take a difFerent interest of sanitary conditions of owner occupied housing and rental properry. The City can and sometimes does enter owner occupied units if there is reason to believe there is a serious health and safety violafion. Mr. Strathman stated tlus is not a gross unsanitary condition. Mr. Iverson concurred. The police smelled an odor of urine. This is just general cleaning. Unit 3 Bedroom - Repair and maintain the walls in an approved manner i3nit 3 Bedroom - Repair and maintain the ceiling in an approved manner - Mr. Blake stated there are no serious problems with the wails and ceiling. Mr. Iverson stated there were some surface cracking, which needed to be scraped and painted. Unit 3 Left Bedroom Exit Window - Repair and maintain the window glass Unit 3 Left Exit Window blocked - Provide and maintain an approved escape window from each sleeping room - Mr. Blake stated the window does open. (Photographs were presented.) Mr. Iverson stated that the windows were blocked at the time of the inspection. He is sure there ivas a broken glass at the time. Mr. 5trathman stated if there was a broken wiudow, it has since been replaced. If the windows was blocked, it has since been unblocked. Unit 3 South Entrance - Repair and Maintain the window glass - Mr. Blake stated there is no south entrance to Unit 3. Mr. Iverson responded this may be his mistake; it is probably the north entrance. Unit 14 Bathroom - Repair and maintain the cabinets in an approved manner - The doors are a little wacped and off at the edge, but the hinges and cabinets are sound. (He presented photographs.) Mr. Iverson stated the cabinets are fine, but the doors need to be replaced because they are warped. There was a previous complaint on the unit. Mr. Blake responded the complaint was from a tenant that Mr. Gnuidtner had to evict for nonpayment of rent. Complaints did not begin until the eviction proceedings started. As for the doors, the code says nothing about the doors, but the cabinets have to be maintained in a sound and professional manner. If Mr. Iverson insists that the doors be replaced, Mr. Blake wiil take off the doors and turn the cabinets into shelves because this requirement is silly. Unit 4 Scrape, Paint, and maintain - Provide and maintain an approved escape window from each sleeping room - Mr. Blake stated the previous tenant failed to maintain the interior. The walls have been washed and painted. (Mr. Blalce presented photograghs.) When Mr. Iverson was in the apartment, Mr. Blake asked him was he satisfied and Mr. Iverson said he was. Mr. Strathman asked were the windows adequate for egress. Mr. Unnaun responded he was on site with the inspector and noriced that the e�ess windows do not hold themselves open for someone to exit. He is looked for ease of operarion: they need to be cleaned so they slide easily, the sash cord clean, and clips in good repair. Mr. Blake stated there is no problem with egress: the window opens, stays open, and closes. o �-�t�4, a PROPERTY CODE ENFORCEMENT' OF APRIL 17, 2001 Page 5 Gerry Strathman's decisions regarding 695 Ohio 5treet aze as follows: 1) The fire extinguishers will be removed. 2) The heating facility wiil be inspected by Apri125, the reinspection date. 3) There must be an approved shut off valve between the gas supply outlet and the flexible metal tubing, and such tubing shall not exceed six feet per Uniform Mechanical Code Section 503 (a) and 503 (c). 4) A qualified building inspector willlook at the basement. The owner will repair the basement ea�terior within three months. 5) The owner will repair the exterior wall in only the areas that need to be repaired. 6) Delete the order to require an evacuation plan. 7) The owner wili make whatever repairs aze necessary to the roof and soffit within three months. 8) Delete the arder with respect to the bathroom cat litter. 9) Delete the two orders to repair the walls and ceiling in the Unit 3 bedroom citing the minor cracks do not seem to be a structural or serious cosmetic problem. 10) Delete the two left exit window orders in Unit 3. If the Unit 3 bedroom exit window was broken, it has been repaired. If it was biocked, it has been unbiocked. 11) If the Unit 3 door window is broken, it needs to be repaired. If it is not broken, the order can be withdrawn. 12) Delete the order regarding bathroom cabinets. It is a minor point. There is nothing to be gained by requiring the doors to be removed and replaced. 13) Delete the escape window order in Unit 4 cifing the tenant says it is working properly. The meeting was adjourned at 2:40 p.m. rrn Council File # O\ ��-�,� a. ORlC1i4s�,L RESOLUTION Green Sheet # 106151 0 C« Presented Refecred To Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the April 17, 2001 decision of the Legislative Hearing Officer: Propertv Appealed A nep llant 1065 Selbv Avenue Don Cameron Decision: Variance granted on non-confornung doors with the following conditions: 1) when the non- conformiug doors need to be replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 1725 Ha¢ue Avenue Johannes K. Huyen Decision: Variance granted on non-conforming doors with the following conditions: 1} when the non- conforming doors need to be replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 419 Fairview Avenue Sharon and Rudy Kessier Decision: Variance granted on non-conforming doors with the following conditions: 1) when the non- conforming doors aze replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 1596 Ashiand Avenue Stephen L. Urman Decision: Variance granted on non-conforming doars with the following conditions: 1) when the non- conforming doors need to be replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 1612 Van Buren Avenue Crreg Bauer Decision: Variance granted on non-conforming doors with the following conditions: 1) when the non- conforming doors need to be replaced, they will be replaced with confortning fire rated doors; 2} the building must otherwise be in compliance. 695 Ohio Street Michael Crrundtner 1) The fire extinguishers will be removed. 2) The heating facility will be inspected by Apri125, the reinspecfion date. 3) There must be an approved shut off valve between the gas supply outlet and the flexible metal tubing, and such tubing shall not exceed six feet per Uniform Mechanical Code Secfion 503 (a) and 503 (c). 4) A qualified building inspector will look at the basement. The owner will repair the basement exterior within three months. OF SAINT PAUL, MINNES07A 5) The owner wiil repair the exterior wall in only the areas thaC need to be repaired. 6) Delete the order to require an evacuation plan. Green Sheet 106151 O, ���� 7) 8) 9) 1Q) 11) 12) 13) The owner will make whatever repairs aze necessary to the roof and soffit within three months. Delete the order with respect to the bathroom cat litter. Delete the two orders to repair the walls and ceiling in the Unit 3 bedroom citing the minor cracks do not seem to be a shvctural or serious cosmetic problem. Delete the rivo left exit window orders in Unit 3_ If the Unit 3 bedroom exit window was broken, it has been repaired. If it was biocked, it has been unblocked. If the Unit 3 door window is broken, it needs to be repaired. If it is not broken, the order can be withdrawn. Delete the arder regarding bathroom cabinets. There is nothing to be gained by requiruig the doors to be removed and repiaced because it is a minor point. Delete the escape window order in Unit 4 citing the tenant says it is working properly. Yeas Nays Absent Blakey 1 / Coleman � Harris ,/ Benanav � Reiter f Bostrom r j Lanky � �[ 6 O Adopted by Council: Date: p o Adoption Ce ed by Council Secretary BY� -T V�"�_�._ __/` Apprc Date: By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 2 4 � _�t�k a City Council Offices XNJTACT PER90N & R10NE Gerry Strathman, 266-8560 BY 4-18=200i raa�ea Fart 70TAL # OF SIGNATURE PAGES GREEN SHEET Ov4til01f eRBfaR No �os�5� arr�auca ❑ an�nois'Er ❑ dnacuc � wur¢w.mxc�sox ❑ nuMCU�a[xw�ecro ❑ wrae�eumrwin � {CUP AJ.L LOCATIONS FOR SIGNATURE] Approving the April 17, 2001, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1065 Selby Avenue, 1725 Hague Avenue, 419 Fairview Avenue, 1596 Ashland Avenue, 1612 Van Buren Avenue, 695 Ohio Street. PLANNING CAMMISSION CIBCOMMITTEE CML SERVICE COMMISSION Has Uus person7firm ever knrired uMer a conhact ror tliis tlepartmenn VES P10 Has qas PuaqUfitm m�er be� a at�r emDbYea? YES NO Ooes Mic Pe�nlfimi P�ess a sidll not rarmaYYWSSessetl bY �Y arreM ctilY emDbyee7 YES NO k th(e pe�sorvrum a terpetetl ventloYt YES NO oc snne+sAC»� souacE coarmEVOUie suuoerEO twec�.e a+�1 ou �crwmrNUwmeErt �''�€S a�^e.c,�i4�?'3 �°"�F`,�f �t+. t ., � o "p bUil i Zi:''ii .�. �s YEa No iNww.anorv (FxawrA o � •y`1a. NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, April 17, 2Q01 Room 330 Courthouse Gerry Sirathman, Legislative Heating Of&cer STAFF PRESENT: Terry Iverson, Fire Prevenrion; Mike Urmann, Fire Prevention The meeting was called to order at 1:46 p.m. 1065 Seiby Aveaue Don Cameron, owner, appeazed. Mr. Strathman asked was this building otherwise in compliance. Mr. Urmann responded yes. Gerry Strathman granted a variance on the nonconfornung doors on the following conditions: l) when the nonconforming doors need to be replaced, they wili be replaced with confornung fire rated doors, 2} the building will otherwise be in compiiance. 1725 Hague Avenue Johannes K. Huyen, owner, appeared. Gerry Strathman granted a variance on the nonconfornung doors on the foilowing conditions: 1) when the nonconforming doors need to be replaced, they will be repiaced wath conforming fire rated doars, 2) the buiiding will otherwise be in compiiance. 419 Fairview Avenue North Sharon and Rudy Kessler, owners, appeazed. Gerry Strathman granted a variance on the nonconforming doors on the following condiflons: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doars, 2) the building will otherwise be in compiiance. 1596 Ashland Avenue (No one appeared to represent the propetry.) Mike Urmann reported that he spoke to the appellant who is unable to appeaz today. Mr. Urmann has no objecrions to a variance. Gerry Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconforining doors need to be replaced, they will be repiaced with conforming fire rated doors, 2) the building wiil otherwise be in compliance. 01-`�l�l�-- PROPERTY CODE ENFORCEMENT OF APRIL 17, 2001 1612 Van Buren Street Cneg Bauer, owner, appeazed. Page 2 Gerry Sfrathman granted a variance on the nonconfonning doors on the foilowing conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforn�iug fire rated doors, 2) the building will otherwise be in compliance. 695 Ohio Street Steve Blake and James C. Rose, representing owner Michael Grundtner, appeared. Mr. Blake stated that Mr. C`,ritndtner is fearful of appearing when Terry Iverson is present because of previous problems. All Units - Provide approved fire exfinguishers - Mr. Blake stated there has always been a fire eactinguisher in both of the rental units at this properiy. One unit is owner occupied. Minnesota Statute 299F.361 refers to buitdings containing four or more apartments. The fire extinguisher in his apartment is fully charged, stated Mr. Rose. Mr. Urmann responded that from talking to Mr. Iverson, the fire extinguishers are in place, but have not been currently tested and probably will not function in a fire emergency. The Minnesota Statute states the type of extinguisher supplied. According to the fire code, if a fire extinguisher is in place, then it is maintained to code and has to be serviced annually. However, there is no requirement for a triplex to have fire e�ctinguishers. Mr. Blake stated that is easy to comply with. Mr. Strathman asked why there is a certificate of occupancy inspection if this building has two units. Mr. Urmann responded it is a triplex by definition. The owner occupied unit is not inspected. Basement - Provide service of heating facility by a licensed contractor, which must include a carbon monoxide test. - Mr. Blake stated this will be done by the reinspection on Apri125. Basement Dryer- Provide an approved shut off valve within three feet of the appliance in accordance with the mechanical code. - Mr. Blake stated the basement is not a common area in the building. Tenants have no access to the basement, do not use the washer and dryer, and do not haue storage space there. The basement is an integral part of the owner-occupied unit and, therefore, should not have been inspected in the first place. Mr. Urmann responded it is called a common area under the code because that is where the heating system and other appliances aze tocated. Mr. Strathman stated there are two aza �ments: 1) It is not an integral part of the owner occupied unit, but a common use area, 2) Even if it is in the owner occupied section, Fire Prevention feels it is their right to issue orders. Mr. Urmann responded that is correct. Mr. Rose stated that when Mr. Iverson was in Mr. CTiuudtner's unit, he said by all rights he had no business being there. Mr. Iverson responded he has never been in Mr. ('iruudtner's unit, but was in the basement. He was not awaze it was part of a unit. That's when he noticed there was a 01—'�i.`1;1. PROPERTY CODE ENFORCEMENT OF APRIL 17, 2001 Page 3 newly installed dryer that has a line for the gas, but the shut off is about 20 feet away. Mr. Iverson asked for a shut off to be installed within three feet; at that time, there was no compliance problem. Once he saw the violation, he had to cite it. Mr. Blake stated that according to the MLTMC, there are exceptions, one being on gas buming appliances. There is a gas supply shut offvalve roughly seven or eight feet away from the dryer between the main gas feeder line and the dryer. Mr. Stratlunan asked where the three feet comes from. Mr. Urmann responded the mechanical code reads if should be within three feet of the gas appliance, readily accessable, and visible. It is for fire and emergency access. He does not have the mechanical code in front of him. N3r. Strathman stated this is a fact quesfion that can be found in the mechanical code. Entire Foundation as Necessary - Provide and maintain foundation elements to adequately support this buflding at all point - Mr. Blake stated the building is adequatelp supported in all points. There are no cracks in the walls and the building does not sag. There is some cosmetic damage on the outside. (He presented photographs to Mr. Strathman) He can cement over parts, but it will do nothing to support the building. Mr. Strathman asked what made Mr. Iverson conclude that the foundation was not adequately supporting the buiiding. Mr. Iverson responded there was snow all around the building when he did the inspection. That was one reason to go in the mechazucal room. He is not an expert on foundarions, but with the rotting on the outside, Mr. Iverson felt that someone should take a look at it. Mr. Urmann stated the tuckpointing could be a maintenance issue and an indicarion of significant structural damage. Entire Outside of Bnilding - Provide and maintain all ezterior wails free from holes and deterioration. All exterior unprotected surfaces must be painted and protected from the elements and maintained in a professional manner free from chipped or peeling paint. - Mr. Blake stated the building is in good shape, as can be seen from the photographs. There are not enough paint problems to warrant inclusion on this deficiency list. To determine the condition of the paint from the photographs is difficult, responded Mr. Urmann, because the photographs are taken at a far distance. The soffits and £ascia aze unprotected wood and starting to rot away. The City ordinance requires that all unprotected and painted surfaces be maintained. Mr. Strathman asked does the owner intend to paint or repair the building. Mr. Blake responded the owner's intention is to spot paint wheze needed. He is not prepared to paint the entire ea-terior. For each resident - Provide an approved fire and emergency evacuation pian to all dwelling units - Mr. Blake stated the apartments aze small. One apartment has a door that leads immediately to the outside. In his reading of Mi.JFC 1303, there is an exception that posting of diagrams are not required in apartment buildings. Roof and Soffits - Provide and maintain the roof weather tight and free from defects - N1r. Biake stated there are some minor repairs that need to be done, but this has been discussed already. Mr. Urmann stated this has not been completed to code. Tt is distinctive in the photographs. Mr. Strathman responded these need to be done where required. Mr. Blake and Mr. Urmann concurred. o � -�t� a- PROPERTY CODE ENFORCEMENT OF APRIL 17, 2001 Page 4 Unit 3 Bathroom Cat LitEer - Provide and maintain interior in a clean and sanitary condifion - Mr. Blake stated the City cannot site a homeowner on their housekeeping. If a person is a renter, then the City can talk about housekeeping. He does not understand how a dir[y cax little box effects the public safety. Mr. Strathman responded the City does take a difFerent interest of sanitary conditions of owner occupied housing and rental properry. The City can and sometimes does enter owner occupied units if there is reason to believe there is a serious health and safety violafion. Mr. Strathman stated tlus is not a gross unsanitary condition. Mr. Iverson concurred. The police smelled an odor of urine. This is just general cleaning. Unit 3 Bedroom - Repair and maintain the walls in an approved manner i3nit 3 Bedroom - Repair and maintain the ceiling in an approved manner - Mr. Blake stated there are no serious problems with the wails and ceiling. Mr. Iverson stated there were some surface cracking, which needed to be scraped and painted. Unit 3 Left Bedroom Exit Window - Repair and maintain the window glass Unit 3 Left Exit Window blocked - Provide and maintain an approved escape window from each sleeping room - Mr. Blake stated the window does open. (Photographs were presented.) Mr. Iverson stated that the windows were blocked at the time of the inspection. He is sure there ivas a broken glass at the time. Mr. 5trathman stated if there was a broken wiudow, it has since been replaced. If the windows was blocked, it has since been unblocked. Unit 3 South Entrance - Repair and Maintain the window glass - Mr. Blake stated there is no south entrance to Unit 3. Mr. Iverson responded this may be his mistake; it is probably the north entrance. Unit 14 Bathroom - Repair and maintain the cabinets in an approved manner - The doors are a little wacped and off at the edge, but the hinges and cabinets are sound. (He presented photographs.) Mr. Iverson stated the cabinets are fine, but the doors need to be replaced because they are warped. There was a previous complaint on the unit. Mr. Blake responded the complaint was from a tenant that Mr. Gnuidtner had to evict for nonpayment of rent. Complaints did not begin until the eviction proceedings started. As for the doors, the code says nothing about the doors, but the cabinets have to be maintained in a sound and professional manner. If Mr. Iverson insists that the doors be replaced, Mr. Blake wiil take off the doors and turn the cabinets into shelves because this requirement is silly. Unit 4 Scrape, Paint, and maintain - Provide and maintain an approved escape window from each sleeping room - Mr. Blake stated the previous tenant failed to maintain the interior. The walls have been washed and painted. (Mr. Blalce presented photograghs.) When Mr. Iverson was in the apartment, Mr. Blake asked him was he satisfied and Mr. Iverson said he was. Mr. Strathman asked were the windows adequate for egress. Mr. Unnaun responded he was on site with the inspector and noriced that the e�ess windows do not hold themselves open for someone to exit. He is looked for ease of operarion: they need to be cleaned so they slide easily, the sash cord clean, and clips in good repair. Mr. Blake stated there is no problem with egress: the window opens, stays open, and closes. o �-�t�4, a PROPERTY CODE ENFORCEMENT' OF APRIL 17, 2001 Page 5 Gerry Strathman's decisions regarding 695 Ohio 5treet aze as follows: 1) The fire extinguishers will be removed. 2) The heating facility wiil be inspected by Apri125, the reinspection date. 3) There must be an approved shut off valve between the gas supply outlet and the flexible metal tubing, and such tubing shall not exceed six feet per Uniform Mechanical Code Section 503 (a) and 503 (c). 4) A qualified building inspector willlook at the basement. The owner will repair the basement ea�terior within three months. 5) The owner will repair the exterior wall in only the areas that need to be repaired. 6) Delete the order to require an evacuation plan. 7) The owner wili make whatever repairs aze necessary to the roof and soffit within three months. 8) Delete the arder with respect to the bathroom cat litter. 9) Delete the two orders to repair the walls and ceiling in the Unit 3 bedroom citing the minor cracks do not seem to be a structural or serious cosmetic problem. 10) Delete the two left exit window orders in Unit 3. If the Unit 3 bedroom exit window was broken, it has been repaired. If it was biocked, it has been unbiocked. 11) If the Unit 3 door window is broken, it needs to be repaired. If it is not broken, the order can be withdrawn. 12) Delete the order regarding bathroom cabinets. It is a minor point. There is nothing to be gained by requiring the doors to be removed and replaced. 13) Delete the escape window order in Unit 4 cifing the tenant says it is working properly. The meeting was adjourned at 2:40 p.m. rrn Council File # O\ ��-�,� a. ORlC1i4s�,L RESOLUTION Green Sheet # 106151 0 C« Presented Refecred To Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the April 17, 2001 decision of the Legislative Hearing Officer: Propertv Appealed A nep llant 1065 Selbv Avenue Don Cameron Decision: Variance granted on non-confornung doors with the following conditions: 1) when the non- conformiug doors need to be replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 1725 Ha¢ue Avenue Johannes K. Huyen Decision: Variance granted on non-conforming doors with the following conditions: 1} when the non- conforming doors need to be replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 419 Fairview Avenue Sharon and Rudy Kessier Decision: Variance granted on non-conforming doors with the following conditions: 1) when the non- conforming doors aze replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 1596 Ashiand Avenue Stephen L. Urman Decision: Variance granted on non-conforming doars with the following conditions: 1) when the non- conforming doors need to be replaced, they will be replaced with conforming fire rated doors; 2) the building must otherwise be in compliance. 1612 Van Buren Avenue Crreg Bauer Decision: Variance granted on non-conforming doors with the following conditions: 1) when the non- conforming doors need to be replaced, they will be replaced with confortning fire rated doors; 2} the building must otherwise be in compliance. 695 Ohio Street Michael Crrundtner 1) The fire extinguishers will be removed. 2) The heating facility will be inspected by Apri125, the reinspecfion date. 3) There must be an approved shut off valve between the gas supply outlet and the flexible metal tubing, and such tubing shall not exceed six feet per Uniform Mechanical Code Secfion 503 (a) and 503 (c). 4) A qualified building inspector will look at the basement. The owner will repair the basement exterior within three months. OF SAINT PAUL, MINNES07A 5) The owner wiil repair the exterior wall in only the areas thaC need to be repaired. 6) Delete the order to require an evacuation plan. Green Sheet 106151 O, ���� 7) 8) 9) 1Q) 11) 12) 13) The owner will make whatever repairs aze necessary to the roof and soffit within three months. Delete the order with respect to the bathroom cat litter. Delete the two orders to repair the walls and ceiling in the Unit 3 bedroom citing the minor cracks do not seem to be a shvctural or serious cosmetic problem. Delete the rivo left exit window orders in Unit 3_ If the Unit 3 bedroom exit window was broken, it has been repaired. If it was biocked, it has been unblocked. If the Unit 3 door window is broken, it needs to be repaired. If it is not broken, the order can be withdrawn. Delete the arder regarding bathroom cabinets. There is nothing to be gained by requiruig the doors to be removed and repiaced because it is a minor point. Delete the escape window order in Unit 4 citing the tenant says it is working properly. Yeas Nays Absent Blakey 1 / Coleman � Harris ,/ Benanav � Reiter f Bostrom r j Lanky � �[ 6 O Adopted by Council: Date: p o Adoption Ce ed by Council Secretary BY� -T V�"�_�._ __/` Apprc Date: By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 2 4 � _�t�k a City Council Offices XNJTACT PER90N & R10NE Gerry Strathman, 266-8560 BY 4-18=200i raa�ea Fart 70TAL # OF SIGNATURE PAGES GREEN SHEET Ov4til01f eRBfaR No �os�5� arr�auca ❑ an�nois'Er ❑ dnacuc � wur¢w.mxc�sox ❑ nuMCU�a[xw�ecro ❑ wrae�eumrwin � {CUP AJ.L LOCATIONS FOR SIGNATURE] Approving the April 17, 2001, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1065 Selby Avenue, 1725 Hague Avenue, 419 Fairview Avenue, 1596 Ashland Avenue, 1612 Van Buren Avenue, 695 Ohio Street. PLANNING CAMMISSION CIBCOMMITTEE CML SERVICE COMMISSION Has Uus person7firm ever knrired uMer a conhact ror tliis tlepartmenn VES P10 Has qas PuaqUfitm m�er be� a at�r emDbYea? YES NO Ooes Mic Pe�nlfimi P�ess a sidll not rarmaYYWSSessetl bY �Y arreM ctilY emDbyee7 YES NO k th(e pe�sorvrum a terpetetl ventloYt YES NO oc snne+sAC»� souacE coarmEVOUie suuoerEO twec�.e a+�1 ou �crwmrNUwmeErt �''�€S a�^e.c,�i4�?'3 �°"�F`,�f �t+. t ., � o "p bUil i Zi:''ii .�. �s YEa No iNww.anorv (FxawrA o � •y`1a. NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, April 17, 2Q01 Room 330 Courthouse Gerry Sirathman, Legislative Heating Of&cer STAFF PRESENT: Terry Iverson, Fire Prevenrion; Mike Urmann, Fire Prevention The meeting was called to order at 1:46 p.m. 1065 Seiby Aveaue Don Cameron, owner, appeazed. Mr. Strathman asked was this building otherwise in compliance. Mr. Urmann responded yes. Gerry Strathman granted a variance on the nonconfornung doors on the following conditions: l) when the nonconforming doors need to be replaced, they wili be replaced with confornung fire rated doors, 2} the building will otherwise be in compiiance. 1725 Hague Avenue Johannes K. Huyen, owner, appeared. Gerry Strathman granted a variance on the nonconfornung doors on the foilowing conditions: 1) when the nonconforming doors need to be replaced, they will be repiaced wath conforming fire rated doars, 2) the buiiding will otherwise be in compiiance. 419 Fairview Avenue North Sharon and Rudy Kessler, owners, appeazed. Gerry Strathman granted a variance on the nonconforming doors on the following condiflons: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doars, 2) the building will otherwise be in compiiance. 1596 Ashland Avenue (No one appeared to represent the propetry.) Mike Urmann reported that he spoke to the appellant who is unable to appeaz today. Mr. Urmann has no objecrions to a variance. Gerry Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconforining doors need to be replaced, they will be repiaced with conforming fire rated doors, 2) the building wiil otherwise be in compliance. 01-`�l�l�-- PROPERTY CODE ENFORCEMENT OF APRIL 17, 2001 1612 Van Buren Street Cneg Bauer, owner, appeazed. Page 2 Gerry Sfrathman granted a variance on the nonconfonning doors on the foilowing conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforn�iug fire rated doors, 2) the building will otherwise be in compliance. 695 Ohio Street Steve Blake and James C. Rose, representing owner Michael Grundtner, appeared. Mr. Blake stated that Mr. C`,ritndtner is fearful of appearing when Terry Iverson is present because of previous problems. All Units - Provide approved fire exfinguishers - Mr. Blake stated there has always been a fire eactinguisher in both of the rental units at this properiy. One unit is owner occupied. Minnesota Statute 299F.361 refers to buitdings containing four or more apartments. The fire extinguisher in his apartment is fully charged, stated Mr. Rose. Mr. Urmann responded that from talking to Mr. Iverson, the fire extinguishers are in place, but have not been currently tested and probably will not function in a fire emergency. The Minnesota Statute states the type of extinguisher supplied. According to the fire code, if a fire extinguisher is in place, then it is maintained to code and has to be serviced annually. However, there is no requirement for a triplex to have fire e�ctinguishers. Mr. Blake stated that is easy to comply with. Mr. Strathman asked why there is a certificate of occupancy inspection if this building has two units. Mr. Urmann responded it is a triplex by definition. The owner occupied unit is not inspected. Basement - Provide service of heating facility by a licensed contractor, which must include a carbon monoxide test. - Mr. Blake stated this will be done by the reinspection on Apri125. Basement Dryer- Provide an approved shut off valve within three feet of the appliance in accordance with the mechanical code. - Mr. Blake stated the basement is not a common area in the building. Tenants have no access to the basement, do not use the washer and dryer, and do not haue storage space there. The basement is an integral part of the owner-occupied unit and, therefore, should not have been inspected in the first place. Mr. Urmann responded it is called a common area under the code because that is where the heating system and other appliances aze tocated. Mr. Strathman stated there are two aza �ments: 1) It is not an integral part of the owner occupied unit, but a common use area, 2) Even if it is in the owner occupied section, Fire Prevention feels it is their right to issue orders. Mr. Urmann responded that is correct. Mr. Rose stated that when Mr. Iverson was in Mr. CTiuudtner's unit, he said by all rights he had no business being there. Mr. Iverson responded he has never been in Mr. ('iruudtner's unit, but was in the basement. He was not awaze it was part of a unit. That's when he noticed there was a 01—'�i.`1;1. PROPERTY CODE ENFORCEMENT OF APRIL 17, 2001 Page 3 newly installed dryer that has a line for the gas, but the shut off is about 20 feet away. Mr. Iverson asked for a shut off to be installed within three feet; at that time, there was no compliance problem. Once he saw the violation, he had to cite it. Mr. Blake stated that according to the MLTMC, there are exceptions, one being on gas buming appliances. There is a gas supply shut offvalve roughly seven or eight feet away from the dryer between the main gas feeder line and the dryer. Mr. Stratlunan asked where the three feet comes from. Mr. Urmann responded the mechanical code reads if should be within three feet of the gas appliance, readily accessable, and visible. It is for fire and emergency access. He does not have the mechanical code in front of him. N3r. Strathman stated this is a fact quesfion that can be found in the mechanical code. Entire Foundation as Necessary - Provide and maintain foundation elements to adequately support this buflding at all point - Mr. Blake stated the building is adequatelp supported in all points. There are no cracks in the walls and the building does not sag. There is some cosmetic damage on the outside. (He presented photographs to Mr. Strathman) He can cement over parts, but it will do nothing to support the building. Mr. Strathman asked what made Mr. Iverson conclude that the foundation was not adequately supporting the buiiding. Mr. Iverson responded there was snow all around the building when he did the inspection. That was one reason to go in the mechazucal room. He is not an expert on foundarions, but with the rotting on the outside, Mr. Iverson felt that someone should take a look at it. Mr. Urmann stated the tuckpointing could be a maintenance issue and an indicarion of significant structural damage. Entire Outside of Bnilding - Provide and maintain all ezterior wails free from holes and deterioration. All exterior unprotected surfaces must be painted and protected from the elements and maintained in a professional manner free from chipped or peeling paint. - Mr. Blake stated the building is in good shape, as can be seen from the photographs. There are not enough paint problems to warrant inclusion on this deficiency list. To determine the condition of the paint from the photographs is difficult, responded Mr. Urmann, because the photographs are taken at a far distance. The soffits and £ascia aze unprotected wood and starting to rot away. The City ordinance requires that all unprotected and painted surfaces be maintained. Mr. Strathman asked does the owner intend to paint or repair the building. Mr. Blake responded the owner's intention is to spot paint wheze needed. He is not prepared to paint the entire ea-terior. For each resident - Provide an approved fire and emergency evacuation pian to all dwelling units - Mr. Blake stated the apartments aze small. One apartment has a door that leads immediately to the outside. In his reading of Mi.JFC 1303, there is an exception that posting of diagrams are not required in apartment buildings. Roof and Soffits - Provide and maintain the roof weather tight and free from defects - N1r. Biake stated there are some minor repairs that need to be done, but this has been discussed already. Mr. Urmann stated this has not been completed to code. Tt is distinctive in the photographs. Mr. Strathman responded these need to be done where required. Mr. Blake and Mr. Urmann concurred. o � -�t� a- PROPERTY CODE ENFORCEMENT OF APRIL 17, 2001 Page 4 Unit 3 Bathroom Cat LitEer - Provide and maintain interior in a clean and sanitary condifion - Mr. Blake stated the City cannot site a homeowner on their housekeeping. If a person is a renter, then the City can talk about housekeeping. He does not understand how a dir[y cax little box effects the public safety. Mr. Strathman responded the City does take a difFerent interest of sanitary conditions of owner occupied housing and rental properry. The City can and sometimes does enter owner occupied units if there is reason to believe there is a serious health and safety violafion. Mr. Strathman stated tlus is not a gross unsanitary condition. Mr. Iverson concurred. The police smelled an odor of urine. This is just general cleaning. Unit 3 Bedroom - Repair and maintain the walls in an approved manner i3nit 3 Bedroom - Repair and maintain the ceiling in an approved manner - Mr. Blake stated there are no serious problems with the wails and ceiling. Mr. Iverson stated there were some surface cracking, which needed to be scraped and painted. Unit 3 Left Bedroom Exit Window - Repair and maintain the window glass Unit 3 Left Exit Window blocked - Provide and maintain an approved escape window from each sleeping room - Mr. Blake stated the window does open. (Photographs were presented.) Mr. Iverson stated that the windows were blocked at the time of the inspection. He is sure there ivas a broken glass at the time. Mr. 5trathman stated if there was a broken wiudow, it has since been replaced. If the windows was blocked, it has since been unblocked. Unit 3 South Entrance - Repair and Maintain the window glass - Mr. Blake stated there is no south entrance to Unit 3. Mr. Iverson responded this may be his mistake; it is probably the north entrance. Unit 14 Bathroom - Repair and maintain the cabinets in an approved manner - The doors are a little wacped and off at the edge, but the hinges and cabinets are sound. (He presented photographs.) Mr. Iverson stated the cabinets are fine, but the doors need to be replaced because they are warped. There was a previous complaint on the unit. Mr. Blake responded the complaint was from a tenant that Mr. Gnuidtner had to evict for nonpayment of rent. Complaints did not begin until the eviction proceedings started. As for the doors, the code says nothing about the doors, but the cabinets have to be maintained in a sound and professional manner. If Mr. Iverson insists that the doors be replaced, Mr. Blake wiil take off the doors and turn the cabinets into shelves because this requirement is silly. Unit 4 Scrape, Paint, and maintain - Provide and maintain an approved escape window from each sleeping room - Mr. Blake stated the previous tenant failed to maintain the interior. The walls have been washed and painted. (Mr. Blalce presented photograghs.) When Mr. Iverson was in the apartment, Mr. Blake asked him was he satisfied and Mr. Iverson said he was. Mr. Strathman asked were the windows adequate for egress. Mr. Unnaun responded he was on site with the inspector and noriced that the e�ess windows do not hold themselves open for someone to exit. He is looked for ease of operarion: they need to be cleaned so they slide easily, the sash cord clean, and clips in good repair. Mr. Blake stated there is no problem with egress: the window opens, stays open, and closes. o �-�t�4, a PROPERTY CODE ENFORCEMENT' OF APRIL 17, 2001 Page 5 Gerry Strathman's decisions regarding 695 Ohio 5treet aze as follows: 1) The fire extinguishers will be removed. 2) The heating facility wiil be inspected by Apri125, the reinspection date. 3) There must be an approved shut off valve between the gas supply outlet and the flexible metal tubing, and such tubing shall not exceed six feet per Uniform Mechanical Code Section 503 (a) and 503 (c). 4) A qualified building inspector willlook at the basement. The owner will repair the basement ea�terior within three months. 5) The owner will repair the exterior wall in only the areas that need to be repaired. 6) Delete the order to require an evacuation plan. 7) The owner wili make whatever repairs aze necessary to the roof and soffit within three months. 8) Delete the arder with respect to the bathroom cat litter. 9) Delete the two orders to repair the walls and ceiling in the Unit 3 bedroom citing the minor cracks do not seem to be a structural or serious cosmetic problem. 10) Delete the two left exit window orders in Unit 3. If the Unit 3 bedroom exit window was broken, it has been repaired. If it was biocked, it has been unbiocked. 11) If the Unit 3 door window is broken, it needs to be repaired. If it is not broken, the order can be withdrawn. 12) Delete the order regarding bathroom cabinets. It is a minor point. There is nothing to be gained by requiring the doors to be removed and replaced. 13) Delete the escape window order in Unit 4 cifing the tenant says it is working properly. The meeting was adjourned at 2:40 p.m. rrn