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01-824OR4G{NAL RESOLUTION � Presented Refesed To OF SAINT PAUL, MINNESOTA � Committee Date BE TT I2ESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the August 9, 2001, decision of the Legislative Hearing Officer on the following address: Propertv Anpealed A�pellant 733 Charles Avenue Joseph Odens Decision: Appeal denied on Notice of Condemnafion dated 7-27-01. Yeas Nays Absent Blakey � Coleman � Hanis ✓ Benanav � Reiter ,/ Bostrom � Lantry �/ 6 0 Adopted by Council: Date: � Adoption Ce ified by Council Se etary , B � _ �- � ..� . .. . -. . . � � � , � �`� r / � t; / J Requested by Department o£ � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Council File # � 1 � � .� Green Sheet # 106169 City`Eouncil Offices I 8-9-01 dTACT PERSON 8 PFiDNE Gerry Strathman,266-8560 iT BE ON COUNCIL AGENDA BY (DAT� Afbi611 NIIYBBI FOR ROUTING OROER TOTAL # OF SICaNATURE PAGES di -t�y GREEN SHEET No� 06169 NItla11D+h YtltlaVDri on.s.�ro�ieroa a,veanct ❑ an�nauav ❑ anasaK ❑ N1411CI�LiOIYCif0Y1. ❑ n6V1Cl�liiRll/�CCIG ❑ ❑ (CLIP ALL IOCATIONS FOR SIGNATURE) Approving the 8-9-01 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 733 Charles Avenue. PLANNING COMMISSION CIB COMMITTEE CNIL SERVICE COMMISSION Has mie r��rm e.srworked unaer a convact rw u,ic deaa�me�n VES NO Fias Mk Pe�soMlim ever been a cdy emPbYee7 YE$ NO Doec ihis peicoMUm po�ess a sldll'q[ normaltyposaeacetl by any curtent ctty employee7 YES f� Ic Uue peieorvhrm a ferpeted vendof7 YES NO dein NI ves anercia m eeoarate sheet aM attach to nreen sheet �,01�1C� f�@�3fC�? �'a�C?�� ���7 o e� �� Id9.:bP���7 IOUNT OF TRANSACTION f SOURCE NFORMAtION (FSPWN) COETIREVENUE BUDQETED (CIRCLE ONE) YES NO ACTNITY NIAABFR �\ ZZ . NOTES OF THE SPECIAL PROPERTY CODE ENFORCEMENT MEETING Thursday, August 9, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:04 a.m. STAFF PRESENT: Dick Lippert, Code Enfarcement; Steve Magner, Code Enforcement 733 Charles Avenue The following appeazed: Joseph Odens, owner, and Susan Broin, Southem Minnesota Regional Lega1 Services (SMRLS), who appeazed on his behalf. Ms. Broin stated that Mr. Odens is appealing the Notice of Condemnation and Order to Vacate and is requesting to move back into the upstairs unit. The subject properiy is a duplex and they believe the issues identified in the notice of condemnation have been addressed and sufficiently resolved. Being able to move back into the upstairs unit would serve several purposes: 1) It will allow Mr. Odens to secure his properly. Drug peddlers, pushers, users utilize his property. When he is not there, he has to come back and check to make sure there is no illicit activity going on. 2) It will allow him to free up the money he is currently using to address the problems in the downstairs unit. 3) It would allow him time to clean up the downstairs unit because he would be there on a full time basis. 4) It wili elitninate the need to register the property as vacant and, therefare, eliminate the $200 vacant building registration fee. Ms. Broin took photographs of the unit, which she has with her. Gerry Strathxnan responded he may look at the photographs later. Dick Lippert reported this properiy was inspected as a result of a complaint to Code Enforcement. There is a long history with this building since 1997. More than 60 calls have been made to this properiy for Code Enforcement issues. Compliance has been difficult. The sanitary and combustible load of the First Floor and cellar are sufficient enough to effect the occupancy of the Second Floor. The Second Floor may not have created a problem in and of itself. A complete inspection of the building is not possible because of the condition of the building. The water heaters were not installed correctly nor vented properly. There was a filthy condition. There was hazardous wiring everywhere that Mr. Lippert could see. For those reasons, he ordered a code compliance inspection with compliance to be completed before the condemnation is lifted. At the very least, the house would need to be cleaned out so a code compliance inspection could take place. He would suggest that if the owner cannot afFord the $200 fee, he cannot afford the repairs needed to bring the building into compliance and habitable. With respect to the yazd and security, stated Mr. Lippert, the solution would be to cut down the six foot bushes that surround the yard that give cover to the drug dealers and prostitutes. The police then could see into the property. Also, an opaque tin fence in the back could be taken down for security reasons. Mr. Lippert suggested the owner call the FORCE unit and talk to the Crime Prevention representatives fox other securiTy measures. Having people stay on the property is not the answer to the security problems ar remedying the condition of the building. o� ��� SPECIAL PROPERTY CODE ENFORCEMENT NOTES FOR AUGUST 9, 2001 Page 2 Ms. Broin stated she spoke to Mr. Odens about the combustibles. He said the gas can and other materials have been removed. Mr. Lippert responded he is talking about volumes of things that burn that could amount to a bonfire. Mr. Strathman stated the violations include dog feces. He asked is that still the case. Mr. Lippert responded he does not know. He has not inspected the building since that tune. Also, he turned on the faucet and it took a number of seconds far the water to come out. The sink was full of thiugs. Mr. Strathxnan stated it seems clear that this home needs attention. It does not seem that the owner has the financial resources to do this. He asked how the owner proposed to solve this dilemma, which could amount to thousands of dollazs in repairs. Ms. Broin responded that Bob Volden is in the best position to speak to this issue. He is heading an effort to get neighbors and friends to work on the house. Some work already has been done. Bob Volden, 1817 Van Buren Avenue, appeared and stated a great deal has been done. The issue of the dog feces has been taken care o£ The basement has been cleaned. Canned combustible materials have been taken out. One huge dumpster has already been removed. Two inspectors have come since Mr. Lippert's visit to the property. They addressed the condition of the gazage and back storage shed with the request that this be teady for inspection on August 15. The owner's attention would haue to be diverted from the house issue to the garage. Several things on the driveway have to be cleared so the vehicles aze going to be gone. The gazage wiil be cleazed and many things classified as junk will go into the garage, such as tools, bolts, etc. Another duxnpster will arrive so things can be removed from the driveway. Mr. Strathman asked about providing a less friendly habitat for drug dealers and prostitutes. Mr. Voiden responded Mr. Odens can address that. Wherever he is, he has to come back to check on the property. Mr. Odens nutiated all of this by calling District 7 to ask what they could do about crack smokers in his yard. A person in District 7 contacted Commander Harrington (St. Paul Police Department), who responded by sending out the FORCE Unit. Mr. Odens was not aware that he was giving admittance to an inspection. He's 71, on social securiTy, and on limited income; however, he will bring the properiy up to code. Mr. Volden stated Mr. Odens has to do tree work to supplement his income. He does not use the kitchen, and eats all his meals out. It is not good for his stress level to not be at the properiy. The police took him down to Regions for a psychiatric examination. All they did was check his blood pressure and release him. In the meantime, someone nailed a notice on his wall. His citizen rights are abridged here. Mr. Lippert stated Mr. Odens' rights were never violated. He was told exactly who Mr. Lippert was and why he was there. He was taken down for an evaluation based on the opinion of the police officer, which is well within the officer's rights. Everythiug done was within the law and appropriate. Mr. Strathman stated the City ordinance that is involved with these matters assigns the responsibility for enforcing the ardinance to the administration, in this case that would be Saint Paul Police Officers and Code Enforcement officiais. As a safeguard to make sure that authority O\-�2 SPECIAL PROPERTY CODE ENFORCEMENT NOTES FOR AUGUST 9, 2001 Page 3 is not used improperly, the City Council provides an avenue whereby citizens can ask for a review of the acfions of the adwinistration to see if they have acted in accordance with the law. That is today's process. It appears that this building is l��ardous and not a proper place for a person to be living, stated Mr. Strathman. He cannot find any fault with the actions of the administrafion with this matter. It would be irresponsible if the owner was allowed to move back into the building now that the City is aware of its condition. Mr. Lippert is prepared to lift this condemnation order, stated Mr. Strathman, but he cannot do that until the llazards aze resolved. Joseph Odens stated he was never notified of the stipulations, rules, regulations of this vacancy. Mr. Strathman responded the sanitary conditions have to be taken care of. When that is accomplished, an inspection should be completed, and Code Enforcement will tell him in detail what needs to be done. Mr. Lippert stated that in the meantime, Mr. Odens and his representatives can clean up the property during daylight hours, sunlight to sunset. People cannot be in there at night. People in the building haue to be working to fix up the properly. Mr. Volden asked could an interim inspection be done to see if the progress is sufficient enough to a11ow the owner to move back into the property. Mr. Lippert responded that could be possible, but it has to be done in two stages: 1) The properly has to be cleaned sufFiciently so that a code compliance inspection can be done. 2) Once the code compliance inspection is done, there will be a better idea of the feasibility and the realistic nature of getting the building repaired to the extent that he can move back into the property permanently. Mr. Odens asked about the utility shed. 5teve Magner responded he and two of his inspectors were at the properry. There was a sununary abatement arder issued to Mr. Odens to clean out the gazage wYuch was full to the rafters. It is a rodent harborage. The rear yard has a shed, which is also full. These items need to be cleaned out. They are willing to give him more time, but they would like to see what kind of progress he has made. Code Enforcement does not want papers, trash, discarded clothing, indoar fiirniture stored in the garage. It would be in Mr. Odens best interest to obtain a duxnpster to clean up the yard and the house so that the inspections can be made. Mr. Magner has experience with this building going back to the eazly 1990's. There has always has been an issue with excessive amount of exterior storage. It is a breeding place for rodents and illicit activity that is a plague on that neighborhood. Gerry Strathman stated he will deny the appeal. This issue will go before the City Council on August 15, 2001, to affirm his decision. Mr. Magner stated this building should remain vacated until this matter is fmally resolved before the City Council. The meeting was adjourned at 1137 a.m. rrtt i �a" SUBMISSION TO SAINT PAUL CITY COUNCIL (8-15-01 meeting) O i. � � y AGENDA ITEM #22 (resolution - O1 - 824) Approving the decision of the Legislative 1� Hearing Officer on Property Code Enforcement Appeals for property located at 733 Charles Avenue. Mr. Joseph Odens, owner of the property at 733 Charles Avenue, requests a full hearing of the council at its earliest convenience-to �4 grant an extension of up to 60 days for the complete cleaning and comp7iance to codes, and during which tim� he may be allowed to remain in the residence to expediciously complete the necessary work and provide the security necessary both inside and outside the property. As an advocate for Mr. Odens, I, Bob Volden of 1817 Van Buren Avenue in Saint Paul, present the following recap of Mr. Odens encounters with Property Code � Ins�ections and Enforcement personnel and the initiating �E actions of Thursday, July 26, 2001. As summarized in the memo of an August 9th meeting Gerry Strathman, Legislative Hearing Officer in charge of the Specia] Property Code Enformement Meeting att�nded by Mr. Odens, Bob Vo7den, Attorney Susan Broin and Dick Lippert and Steve Magner of Code Enforcem�nt: On Thursday July 26th about 6:30, four persons from "The Force" arrived at Mr. Odens' door asking "May we come in." When Mr. Odens � asceded and they entered, a fifth person � ceme from the shadows announcing "this is Dick Lipp rt, they asked me to come a7ong". Short7y before � 7 p.m. Mr. Odens pockets were�mptied and he was put in_a white car wi�h gold writing and was taken by an officer (also apparent3y waiting in the wings) to the Emergency room at Regions Hospita7 far a psychiatric evaluation. After about three hours of ]ittle more than a blood pressure test, Mr. Odens was released to "go home". At that hour -- ]0:30 p.m. -- �e had to wa7k up the hil] to the corner �X University and Rice Streets to secure a bus home. On arrival home he found "Vacate" signs on both his front and back doors. What was taken from his pockets was not in some "PROPERTY ROOM" but instead found some 3-4 days lateY� casual7y tossed in a pai7 of tools on his front � porch. What ensued im Mr. Odens absence is Mr. Lipperts report which arrived by nextday's mai7. � Communicatmo�a from Code Enforcement incidenta77y refer to so many "days" -- not so many "working days" -- which 7eaves a homeowner confused as-to th exact compliance day. In Mr. Odens case there was an intervening 4 days of two weeken s. And how does that figure into the unspecific "days". Shortly after, an "Inspection Appointment" dated July 27th arrives from Inspector Pat Fish of the Fire Department .regarding the items written up by Mr. Lippert. I was in attendance at the meeting with Ms. Fish which was on7y an inspection of the exterior of the premises. Her comments were quite helpful and will be complied with when al] work is completed on Mr. ODens property. She ]eft a copy of "Chapter 34. Minnimum Property Maintenance Standards for A77 Structures and Premises for the City of Saint Pau]" and it contains some 2] pages of detai7ed specif9cations for which Mr. Odens must comply. Discussed at the time � with Di1C�t Ms. Fish was the history of Mr. Odens initiation of action �d' through District 7 Group to help solve the � pro7iferation of drugs and i]lega7 sa7es of same in the darkened areas of Mr, Odens 7arge yard and out on the street corner -- he has a cArner lot at Char7es and Grotto. District 7-� apparently � contacted Captain Harrington of the 7oca] police precinct. This apparten7y resulted in the appearance at Mr. Odens door of °The Force" and Mr. Lippert., who I am given to understand .�F is "wearing two hats?" Before the arrival of Mr.Fish from the Fire Department, someone named Kalis and an assistant arrived on July 37st from the Division of Code Enforcement to da yet another writeup -- this time of the Back Yard and �-Garage. Much of this fias been complied with as of this meeting, although not completely, for an inspection today on August 15th o � -Y?y Odens #22 -- page 2 During the ongoing flurry of removal trucks, dumpsters and volunteer working of many of Mr. Odens friends, yesterday, Tuesday afternoon when there was a moving around of vehicles to accomodate another truck, Mr. Odens moved his car onto the � street. In the bat of an eye the car was stolen and taken one b7oc� paused to pickup other "kids" for a ride. On pursuit by one of Mr. Odens worker/helpers, the youngsters fled, taking MR. ODEN3 keys with thera. He is a7so now trying to get this problem �l so7ved. It took � about 45 minutes for a squad to arrive on the scene.Rather typical time response to ca77s into this "Containment Area" (may be called Heat or Feed and Weed). Mr. Odens has made really significant progress on most the the items written up at the initial inspection on Ju7y 26th, and he avows the work wi71 continue at unabated speed unti7 comp7eted. HE IS NOT GUARANTEEING "BETTER HOMES AND GARDENS", but he wil7 have fu77 and total comp7iance in the time he is asking for. Also in that time he would like occupancy of the premises for sleeping and bathing. He.i� not prepared or eatep�food on the premises for 10 years. An interim inspection wi17 �show that much has been done and at it wil7 be comp7eted perhaps before the extended time expires. Mr. Odens cannot be here today because he cannot 7eave the premises untended with the street "traffic" that abounds i77egally in the area and seems to go on unabated l�night and day. Consequently, under his present 7iving circumstances, � he must return to the property frequent7y around the� clock to both supervise the ongoing cleanup work and keep the unwanted � e7ement off his premises. Should the City Couneil choose to not extend this time request of 60 days, I, as his advocate, will have to enact the backup plan of contacting the ATTORNEY GENERAL's OFFICE, seek recourse in the�f'courts or involve the "Media". Perhaps all three. WRITTEN AND PREPARED MR.ODENS REQUESl': APPROVED BY: es OR4G{NAL RESOLUTION � Presented Refesed To OF SAINT PAUL, MINNESOTA � Committee Date BE TT I2ESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the August 9, 2001, decision of the Legislative Hearing Officer on the following address: Propertv Anpealed A�pellant 733 Charles Avenue Joseph Odens Decision: Appeal denied on Notice of Condemnafion dated 7-27-01. Yeas Nays Absent Blakey � Coleman � Hanis ✓ Benanav � Reiter ,/ Bostrom � Lantry �/ 6 0 Adopted by Council: Date: � Adoption Ce ified by Council Se etary , B � _ �- � ..� . .. . -. . . � � � , � �`� r / � t; / J Requested by Department o£ � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Council File # � 1 � � .� Green Sheet # 106169 City`Eouncil Offices I 8-9-01 dTACT PERSON 8 PFiDNE Gerry Strathman,266-8560 iT BE ON COUNCIL AGENDA BY (DAT� Afbi611 NIIYBBI FOR ROUTING OROER TOTAL # OF SICaNATURE PAGES di -t�y GREEN SHEET No� 06169 NItla11D+h YtltlaVDri on.s.�ro�ieroa a,veanct ❑ an�nauav ❑ anasaK ❑ N1411CI�LiOIYCif0Y1. ❑ n6V1Cl�liiRll/�CCIG ❑ ❑ (CLIP ALL IOCATIONS FOR SIGNATURE) Approving the 8-9-01 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 733 Charles Avenue. PLANNING COMMISSION CIB COMMITTEE CNIL SERVICE COMMISSION Has mie r��rm e.srworked unaer a convact rw u,ic deaa�me�n VES NO Fias Mk Pe�soMlim ever been a cdy emPbYee7 YE$ NO Doec ihis peicoMUm po�ess a sldll'q[ normaltyposaeacetl by any curtent ctty employee7 YES f� Ic Uue peieorvhrm a ferpeted vendof7 YES NO dein NI ves anercia m eeoarate sheet aM attach to nreen sheet �,01�1C� f�@�3fC�? �'a�C?�� ���7 o e� �� Id9.:bP���7 IOUNT OF TRANSACTION f SOURCE NFORMAtION (FSPWN) COETIREVENUE BUDQETED (CIRCLE ONE) YES NO ACTNITY NIAABFR �\ ZZ . NOTES OF THE SPECIAL PROPERTY CODE ENFORCEMENT MEETING Thursday, August 9, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:04 a.m. STAFF PRESENT: Dick Lippert, Code Enfarcement; Steve Magner, Code Enforcement 733 Charles Avenue The following appeazed: Joseph Odens, owner, and Susan Broin, Southem Minnesota Regional Lega1 Services (SMRLS), who appeazed on his behalf. Ms. Broin stated that Mr. Odens is appealing the Notice of Condemnation and Order to Vacate and is requesting to move back into the upstairs unit. The subject properiy is a duplex and they believe the issues identified in the notice of condemnation have been addressed and sufficiently resolved. Being able to move back into the upstairs unit would serve several purposes: 1) It will allow Mr. Odens to secure his properly. Drug peddlers, pushers, users utilize his property. When he is not there, he has to come back and check to make sure there is no illicit activity going on. 2) It will allow him to free up the money he is currently using to address the problems in the downstairs unit. 3) It would allow him time to clean up the downstairs unit because he would be there on a full time basis. 4) It wili elitninate the need to register the property as vacant and, therefare, eliminate the $200 vacant building registration fee. Ms. Broin took photographs of the unit, which she has with her. Gerry Strathxnan responded he may look at the photographs later. Dick Lippert reported this properiy was inspected as a result of a complaint to Code Enforcement. There is a long history with this building since 1997. More than 60 calls have been made to this properiy for Code Enforcement issues. Compliance has been difficult. The sanitary and combustible load of the First Floor and cellar are sufficient enough to effect the occupancy of the Second Floor. The Second Floor may not have created a problem in and of itself. A complete inspection of the building is not possible because of the condition of the building. The water heaters were not installed correctly nor vented properly. There was a filthy condition. There was hazardous wiring everywhere that Mr. Lippert could see. For those reasons, he ordered a code compliance inspection with compliance to be completed before the condemnation is lifted. At the very least, the house would need to be cleaned out so a code compliance inspection could take place. He would suggest that if the owner cannot afFord the $200 fee, he cannot afford the repairs needed to bring the building into compliance and habitable. With respect to the yazd and security, stated Mr. Lippert, the solution would be to cut down the six foot bushes that surround the yard that give cover to the drug dealers and prostitutes. The police then could see into the property. Also, an opaque tin fence in the back could be taken down for security reasons. Mr. Lippert suggested the owner call the FORCE unit and talk to the Crime Prevention representatives fox other securiTy measures. Having people stay on the property is not the answer to the security problems ar remedying the condition of the building. o� ��� SPECIAL PROPERTY CODE ENFORCEMENT NOTES FOR AUGUST 9, 2001 Page 2 Ms. Broin stated she spoke to Mr. Odens about the combustibles. He said the gas can and other materials have been removed. Mr. Lippert responded he is talking about volumes of things that burn that could amount to a bonfire. Mr. Strathman stated the violations include dog feces. He asked is that still the case. Mr. Lippert responded he does not know. He has not inspected the building since that tune. Also, he turned on the faucet and it took a number of seconds far the water to come out. The sink was full of thiugs. Mr. Strathxnan stated it seems clear that this home needs attention. It does not seem that the owner has the financial resources to do this. He asked how the owner proposed to solve this dilemma, which could amount to thousands of dollazs in repairs. Ms. Broin responded that Bob Volden is in the best position to speak to this issue. He is heading an effort to get neighbors and friends to work on the house. Some work already has been done. Bob Volden, 1817 Van Buren Avenue, appeared and stated a great deal has been done. The issue of the dog feces has been taken care o£ The basement has been cleaned. Canned combustible materials have been taken out. One huge dumpster has already been removed. Two inspectors have come since Mr. Lippert's visit to the property. They addressed the condition of the gazage and back storage shed with the request that this be teady for inspection on August 15. The owner's attention would haue to be diverted from the house issue to the garage. Several things on the driveway have to be cleared so the vehicles aze going to be gone. The gazage wiil be cleazed and many things classified as junk will go into the garage, such as tools, bolts, etc. Another duxnpster will arrive so things can be removed from the driveway. Mr. Strathman asked about providing a less friendly habitat for drug dealers and prostitutes. Mr. Voiden responded Mr. Odens can address that. Wherever he is, he has to come back to check on the property. Mr. Odens nutiated all of this by calling District 7 to ask what they could do about crack smokers in his yard. A person in District 7 contacted Commander Harrington (St. Paul Police Department), who responded by sending out the FORCE Unit. Mr. Odens was not aware that he was giving admittance to an inspection. He's 71, on social securiTy, and on limited income; however, he will bring the properiy up to code. Mr. Volden stated Mr. Odens has to do tree work to supplement his income. He does not use the kitchen, and eats all his meals out. It is not good for his stress level to not be at the properiy. The police took him down to Regions for a psychiatric examination. All they did was check his blood pressure and release him. In the meantime, someone nailed a notice on his wall. His citizen rights are abridged here. Mr. Lippert stated Mr. Odens' rights were never violated. He was told exactly who Mr. Lippert was and why he was there. He was taken down for an evaluation based on the opinion of the police officer, which is well within the officer's rights. Everythiug done was within the law and appropriate. Mr. Strathman stated the City ordinance that is involved with these matters assigns the responsibility for enforcing the ardinance to the administration, in this case that would be Saint Paul Police Officers and Code Enforcement officiais. As a safeguard to make sure that authority O\-�2 SPECIAL PROPERTY CODE ENFORCEMENT NOTES FOR AUGUST 9, 2001 Page 3 is not used improperly, the City Council provides an avenue whereby citizens can ask for a review of the acfions of the adwinistration to see if they have acted in accordance with the law. That is today's process. It appears that this building is l��ardous and not a proper place for a person to be living, stated Mr. Strathman. He cannot find any fault with the actions of the administrafion with this matter. It would be irresponsible if the owner was allowed to move back into the building now that the City is aware of its condition. Mr. Lippert is prepared to lift this condemnation order, stated Mr. Strathman, but he cannot do that until the llazards aze resolved. Joseph Odens stated he was never notified of the stipulations, rules, regulations of this vacancy. Mr. Strathman responded the sanitary conditions have to be taken care of. When that is accomplished, an inspection should be completed, and Code Enforcement will tell him in detail what needs to be done. Mr. Lippert stated that in the meantime, Mr. Odens and his representatives can clean up the property during daylight hours, sunlight to sunset. People cannot be in there at night. People in the building haue to be working to fix up the properly. Mr. Volden asked could an interim inspection be done to see if the progress is sufficient enough to a11ow the owner to move back into the property. Mr. Lippert responded that could be possible, but it has to be done in two stages: 1) The properly has to be cleaned sufFiciently so that a code compliance inspection can be done. 2) Once the code compliance inspection is done, there will be a better idea of the feasibility and the realistic nature of getting the building repaired to the extent that he can move back into the property permanently. Mr. Odens asked about the utility shed. 5teve Magner responded he and two of his inspectors were at the properry. There was a sununary abatement arder issued to Mr. Odens to clean out the gazage wYuch was full to the rafters. It is a rodent harborage. The rear yard has a shed, which is also full. These items need to be cleaned out. They are willing to give him more time, but they would like to see what kind of progress he has made. Code Enforcement does not want papers, trash, discarded clothing, indoar fiirniture stored in the garage. It would be in Mr. Odens best interest to obtain a duxnpster to clean up the yard and the house so that the inspections can be made. Mr. Magner has experience with this building going back to the eazly 1990's. There has always has been an issue with excessive amount of exterior storage. It is a breeding place for rodents and illicit activity that is a plague on that neighborhood. Gerry Strathman stated he will deny the appeal. This issue will go before the City Council on August 15, 2001, to affirm his decision. Mr. Magner stated this building should remain vacated until this matter is fmally resolved before the City Council. The meeting was adjourned at 1137 a.m. rrtt i �a" SUBMISSION TO SAINT PAUL CITY COUNCIL (8-15-01 meeting) O i. � � y AGENDA ITEM #22 (resolution - O1 - 824) Approving the decision of the Legislative 1� Hearing Officer on Property Code Enforcement Appeals for property located at 733 Charles Avenue. Mr. Joseph Odens, owner of the property at 733 Charles Avenue, requests a full hearing of the council at its earliest convenience-to �4 grant an extension of up to 60 days for the complete cleaning and comp7iance to codes, and during which tim� he may be allowed to remain in the residence to expediciously complete the necessary work and provide the security necessary both inside and outside the property. As an advocate for Mr. Odens, I, Bob Volden of 1817 Van Buren Avenue in Saint Paul, present the following recap of Mr. Odens encounters with Property Code � Ins�ections and Enforcement personnel and the initiating �E actions of Thursday, July 26, 2001. As summarized in the memo of an August 9th meeting Gerry Strathman, Legislative Hearing Officer in charge of the Specia] Property Code Enformement Meeting att�nded by Mr. Odens, Bob Vo7den, Attorney Susan Broin and Dick Lippert and Steve Magner of Code Enforcem�nt: On Thursday July 26th about 6:30, four persons from "The Force" arrived at Mr. Odens' door asking "May we come in." When Mr. Odens � asceded and they entered, a fifth person � ceme from the shadows announcing "this is Dick Lipp rt, they asked me to come a7ong". Short7y before � 7 p.m. Mr. Odens pockets were�mptied and he was put in_a white car wi�h gold writing and was taken by an officer (also apparent3y waiting in the wings) to the Emergency room at Regions Hospita7 far a psychiatric evaluation. After about three hours of ]ittle more than a blood pressure test, Mr. Odens was released to "go home". At that hour -- ]0:30 p.m. -- �e had to wa7k up the hil] to the corner �X University and Rice Streets to secure a bus home. On arrival home he found "Vacate" signs on both his front and back doors. What was taken from his pockets was not in some "PROPERTY ROOM" but instead found some 3-4 days lateY� casual7y tossed in a pai7 of tools on his front � porch. What ensued im Mr. Odens absence is Mr. Lipperts report which arrived by nextday's mai7. � Communicatmo�a from Code Enforcement incidenta77y refer to so many "days" -- not so many "working days" -- which 7eaves a homeowner confused as-to th exact compliance day. In Mr. Odens case there was an intervening 4 days of two weeken s. And how does that figure into the unspecific "days". Shortly after, an "Inspection Appointment" dated July 27th arrives from Inspector Pat Fish of the Fire Department .regarding the items written up by Mr. Lippert. I was in attendance at the meeting with Ms. Fish which was on7y an inspection of the exterior of the premises. Her comments were quite helpful and will be complied with when al] work is completed on Mr. ODens property. She ]eft a copy of "Chapter 34. Minnimum Property Maintenance Standards for A77 Structures and Premises for the City of Saint Pau]" and it contains some 2] pages of detai7ed specif9cations for which Mr. Odens must comply. Discussed at the time � with Di1C�t Ms. Fish was the history of Mr. Odens initiation of action �d' through District 7 Group to help solve the � pro7iferation of drugs and i]lega7 sa7es of same in the darkened areas of Mr, Odens 7arge yard and out on the street corner -- he has a cArner lot at Char7es and Grotto. District 7-� apparently � contacted Captain Harrington of the 7oca] police precinct. This apparten7y resulted in the appearance at Mr. Odens door of °The Force" and Mr. Lippert., who I am given to understand .�F is "wearing two hats?" Before the arrival of Mr.Fish from the Fire Department, someone named Kalis and an assistant arrived on July 37st from the Division of Code Enforcement to da yet another writeup -- this time of the Back Yard and �-Garage. Much of this fias been complied with as of this meeting, although not completely, for an inspection today on August 15th o � -Y?y Odens #22 -- page 2 During the ongoing flurry of removal trucks, dumpsters and volunteer working of many of Mr. Odens friends, yesterday, Tuesday afternoon when there was a moving around of vehicles to accomodate another truck, Mr. Odens moved his car onto the � street. In the bat of an eye the car was stolen and taken one b7oc� paused to pickup other "kids" for a ride. On pursuit by one of Mr. Odens worker/helpers, the youngsters fled, taking MR. ODEN3 keys with thera. He is a7so now trying to get this problem �l so7ved. It took � about 45 minutes for a squad to arrive on the scene.Rather typical time response to ca77s into this "Containment Area" (may be called Heat or Feed and Weed). Mr. Odens has made really significant progress on most the the items written up at the initial inspection on Ju7y 26th, and he avows the work wi71 continue at unabated speed unti7 comp7eted. HE IS NOT GUARANTEEING "BETTER HOMES AND GARDENS", but he wil7 have fu77 and total comp7iance in the time he is asking for. Also in that time he would like occupancy of the premises for sleeping and bathing. He.i� not prepared or eatep�food on the premises for 10 years. An interim inspection wi17 �show that much has been done and at it wil7 be comp7eted perhaps before the extended time expires. Mr. Odens cannot be here today because he cannot 7eave the premises untended with the street "traffic" that abounds i77egally in the area and seems to go on unabated l�night and day. Consequently, under his present 7iving circumstances, � he must return to the property frequent7y around the� clock to both supervise the ongoing cleanup work and keep the unwanted � e7ement off his premises. Should the City Couneil choose to not extend this time request of 60 days, I, as his advocate, will have to enact the backup plan of contacting the ATTORNEY GENERAL's OFFICE, seek recourse in the�f'courts or involve the "Media". Perhaps all three. WRITTEN AND PREPARED MR.ODENS REQUESl': APPROVED BY: es OR4G{NAL RESOLUTION � Presented Refesed To OF SAINT PAUL, MINNESOTA � Committee Date BE TT I2ESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the August 9, 2001, decision of the Legislative Hearing Officer on the following address: Propertv Anpealed A�pellant 733 Charles Avenue Joseph Odens Decision: Appeal denied on Notice of Condemnafion dated 7-27-01. Yeas Nays Absent Blakey � Coleman � Hanis ✓ Benanav � Reiter ,/ Bostrom � Lantry �/ 6 0 Adopted by Council: Date: � Adoption Ce ified by Council Se etary , B � _ �- � ..� . .. . -. . . � � � , � �`� r / � t; / J Requested by Department o£ � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Council File # � 1 � � .� Green Sheet # 106169 City`Eouncil Offices I 8-9-01 dTACT PERSON 8 PFiDNE Gerry Strathman,266-8560 iT BE ON COUNCIL AGENDA BY (DAT� Afbi611 NIIYBBI FOR ROUTING OROER TOTAL # OF SICaNATURE PAGES di -t�y GREEN SHEET No� 06169 NItla11D+h YtltlaVDri on.s.�ro�ieroa a,veanct ❑ an�nauav ❑ anasaK ❑ N1411CI�LiOIYCif0Y1. ❑ n6V1Cl�liiRll/�CCIG ❑ ❑ (CLIP ALL IOCATIONS FOR SIGNATURE) Approving the 8-9-01 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 733 Charles Avenue. PLANNING COMMISSION CIB COMMITTEE CNIL SERVICE COMMISSION Has mie r��rm e.srworked unaer a convact rw u,ic deaa�me�n VES NO Fias Mk Pe�soMlim ever been a cdy emPbYee7 YE$ NO Doec ihis peicoMUm po�ess a sldll'q[ normaltyposaeacetl by any curtent ctty employee7 YES f� Ic Uue peieorvhrm a ferpeted vendof7 YES NO dein NI ves anercia m eeoarate sheet aM attach to nreen sheet �,01�1C� f�@�3fC�? �'a�C?�� ���7 o e� �� Id9.:bP���7 IOUNT OF TRANSACTION f SOURCE NFORMAtION (FSPWN) COETIREVENUE BUDQETED (CIRCLE ONE) YES NO ACTNITY NIAABFR �\ ZZ . NOTES OF THE SPECIAL PROPERTY CODE ENFORCEMENT MEETING Thursday, August 9, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:04 a.m. STAFF PRESENT: Dick Lippert, Code Enfarcement; Steve Magner, Code Enforcement 733 Charles Avenue The following appeazed: Joseph Odens, owner, and Susan Broin, Southem Minnesota Regional Lega1 Services (SMRLS), who appeazed on his behalf. Ms. Broin stated that Mr. Odens is appealing the Notice of Condemnation and Order to Vacate and is requesting to move back into the upstairs unit. The subject properiy is a duplex and they believe the issues identified in the notice of condemnation have been addressed and sufficiently resolved. Being able to move back into the upstairs unit would serve several purposes: 1) It will allow Mr. Odens to secure his properly. Drug peddlers, pushers, users utilize his property. When he is not there, he has to come back and check to make sure there is no illicit activity going on. 2) It will allow him to free up the money he is currently using to address the problems in the downstairs unit. 3) It would allow him time to clean up the downstairs unit because he would be there on a full time basis. 4) It wili elitninate the need to register the property as vacant and, therefare, eliminate the $200 vacant building registration fee. Ms. Broin took photographs of the unit, which she has with her. Gerry Strathxnan responded he may look at the photographs later. Dick Lippert reported this properiy was inspected as a result of a complaint to Code Enforcement. There is a long history with this building since 1997. More than 60 calls have been made to this properiy for Code Enforcement issues. Compliance has been difficult. The sanitary and combustible load of the First Floor and cellar are sufficient enough to effect the occupancy of the Second Floor. The Second Floor may not have created a problem in and of itself. A complete inspection of the building is not possible because of the condition of the building. The water heaters were not installed correctly nor vented properly. There was a filthy condition. There was hazardous wiring everywhere that Mr. Lippert could see. For those reasons, he ordered a code compliance inspection with compliance to be completed before the condemnation is lifted. At the very least, the house would need to be cleaned out so a code compliance inspection could take place. He would suggest that if the owner cannot afFord the $200 fee, he cannot afford the repairs needed to bring the building into compliance and habitable. With respect to the yazd and security, stated Mr. Lippert, the solution would be to cut down the six foot bushes that surround the yard that give cover to the drug dealers and prostitutes. The police then could see into the property. Also, an opaque tin fence in the back could be taken down for security reasons. Mr. Lippert suggested the owner call the FORCE unit and talk to the Crime Prevention representatives fox other securiTy measures. Having people stay on the property is not the answer to the security problems ar remedying the condition of the building. o� ��� SPECIAL PROPERTY CODE ENFORCEMENT NOTES FOR AUGUST 9, 2001 Page 2 Ms. Broin stated she spoke to Mr. Odens about the combustibles. He said the gas can and other materials have been removed. Mr. Lippert responded he is talking about volumes of things that burn that could amount to a bonfire. Mr. Strathman stated the violations include dog feces. He asked is that still the case. Mr. Lippert responded he does not know. He has not inspected the building since that tune. Also, he turned on the faucet and it took a number of seconds far the water to come out. The sink was full of thiugs. Mr. Strathxnan stated it seems clear that this home needs attention. It does not seem that the owner has the financial resources to do this. He asked how the owner proposed to solve this dilemma, which could amount to thousands of dollazs in repairs. Ms. Broin responded that Bob Volden is in the best position to speak to this issue. He is heading an effort to get neighbors and friends to work on the house. Some work already has been done. Bob Volden, 1817 Van Buren Avenue, appeared and stated a great deal has been done. The issue of the dog feces has been taken care o£ The basement has been cleaned. Canned combustible materials have been taken out. One huge dumpster has already been removed. Two inspectors have come since Mr. Lippert's visit to the property. They addressed the condition of the gazage and back storage shed with the request that this be teady for inspection on August 15. The owner's attention would haue to be diverted from the house issue to the garage. Several things on the driveway have to be cleared so the vehicles aze going to be gone. The gazage wiil be cleazed and many things classified as junk will go into the garage, such as tools, bolts, etc. Another duxnpster will arrive so things can be removed from the driveway. Mr. Strathman asked about providing a less friendly habitat for drug dealers and prostitutes. Mr. Voiden responded Mr. Odens can address that. Wherever he is, he has to come back to check on the property. Mr. Odens nutiated all of this by calling District 7 to ask what they could do about crack smokers in his yard. A person in District 7 contacted Commander Harrington (St. Paul Police Department), who responded by sending out the FORCE Unit. Mr. Odens was not aware that he was giving admittance to an inspection. He's 71, on social securiTy, and on limited income; however, he will bring the properiy up to code. Mr. Volden stated Mr. Odens has to do tree work to supplement his income. He does not use the kitchen, and eats all his meals out. It is not good for his stress level to not be at the properiy. The police took him down to Regions for a psychiatric examination. All they did was check his blood pressure and release him. In the meantime, someone nailed a notice on his wall. His citizen rights are abridged here. Mr. Lippert stated Mr. Odens' rights were never violated. He was told exactly who Mr. Lippert was and why he was there. He was taken down for an evaluation based on the opinion of the police officer, which is well within the officer's rights. Everythiug done was within the law and appropriate. Mr. Strathman stated the City ordinance that is involved with these matters assigns the responsibility for enforcing the ardinance to the administration, in this case that would be Saint Paul Police Officers and Code Enforcement officiais. As a safeguard to make sure that authority O\-�2 SPECIAL PROPERTY CODE ENFORCEMENT NOTES FOR AUGUST 9, 2001 Page 3 is not used improperly, the City Council provides an avenue whereby citizens can ask for a review of the acfions of the adwinistration to see if they have acted in accordance with the law. That is today's process. It appears that this building is l��ardous and not a proper place for a person to be living, stated Mr. Strathman. He cannot find any fault with the actions of the administrafion with this matter. It would be irresponsible if the owner was allowed to move back into the building now that the City is aware of its condition. Mr. Lippert is prepared to lift this condemnation order, stated Mr. Strathman, but he cannot do that until the llazards aze resolved. Joseph Odens stated he was never notified of the stipulations, rules, regulations of this vacancy. Mr. Strathman responded the sanitary conditions have to be taken care of. When that is accomplished, an inspection should be completed, and Code Enforcement will tell him in detail what needs to be done. Mr. Lippert stated that in the meantime, Mr. Odens and his representatives can clean up the property during daylight hours, sunlight to sunset. People cannot be in there at night. People in the building haue to be working to fix up the properly. Mr. Volden asked could an interim inspection be done to see if the progress is sufficient enough to a11ow the owner to move back into the property. Mr. Lippert responded that could be possible, but it has to be done in two stages: 1) The properly has to be cleaned sufFiciently so that a code compliance inspection can be done. 2) Once the code compliance inspection is done, there will be a better idea of the feasibility and the realistic nature of getting the building repaired to the extent that he can move back into the property permanently. Mr. Odens asked about the utility shed. 5teve Magner responded he and two of his inspectors were at the properry. There was a sununary abatement arder issued to Mr. Odens to clean out the gazage wYuch was full to the rafters. It is a rodent harborage. The rear yard has a shed, which is also full. These items need to be cleaned out. They are willing to give him more time, but they would like to see what kind of progress he has made. Code Enforcement does not want papers, trash, discarded clothing, indoar fiirniture stored in the garage. It would be in Mr. Odens best interest to obtain a duxnpster to clean up the yard and the house so that the inspections can be made. Mr. Magner has experience with this building going back to the eazly 1990's. There has always has been an issue with excessive amount of exterior storage. It is a breeding place for rodents and illicit activity that is a plague on that neighborhood. Gerry Strathman stated he will deny the appeal. This issue will go before the City Council on August 15, 2001, to affirm his decision. Mr. Magner stated this building should remain vacated until this matter is fmally resolved before the City Council. The meeting was adjourned at 1137 a.m. rrtt i �a" SUBMISSION TO SAINT PAUL CITY COUNCIL (8-15-01 meeting) O i. � � y AGENDA ITEM #22 (resolution - O1 - 824) Approving the decision of the Legislative 1� Hearing Officer on Property Code Enforcement Appeals for property located at 733 Charles Avenue. Mr. Joseph Odens, owner of the property at 733 Charles Avenue, requests a full hearing of the council at its earliest convenience-to �4 grant an extension of up to 60 days for the complete cleaning and comp7iance to codes, and during which tim� he may be allowed to remain in the residence to expediciously complete the necessary work and provide the security necessary both inside and outside the property. As an advocate for Mr. Odens, I, Bob Volden of 1817 Van Buren Avenue in Saint Paul, present the following recap of Mr. Odens encounters with Property Code � Ins�ections and Enforcement personnel and the initiating �E actions of Thursday, July 26, 2001. As summarized in the memo of an August 9th meeting Gerry Strathman, Legislative Hearing Officer in charge of the Specia] Property Code Enformement Meeting att�nded by Mr. Odens, Bob Vo7den, Attorney Susan Broin and Dick Lippert and Steve Magner of Code Enforcem�nt: On Thursday July 26th about 6:30, four persons from "The Force" arrived at Mr. Odens' door asking "May we come in." When Mr. Odens � asceded and they entered, a fifth person � ceme from the shadows announcing "this is Dick Lipp rt, they asked me to come a7ong". Short7y before � 7 p.m. Mr. Odens pockets were�mptied and he was put in_a white car wi�h gold writing and was taken by an officer (also apparent3y waiting in the wings) to the Emergency room at Regions Hospita7 far a psychiatric evaluation. After about three hours of ]ittle more than a blood pressure test, Mr. Odens was released to "go home". At that hour -- ]0:30 p.m. -- �e had to wa7k up the hil] to the corner �X University and Rice Streets to secure a bus home. On arrival home he found "Vacate" signs on both his front and back doors. What was taken from his pockets was not in some "PROPERTY ROOM" but instead found some 3-4 days lateY� casual7y tossed in a pai7 of tools on his front � porch. What ensued im Mr. Odens absence is Mr. Lipperts report which arrived by nextday's mai7. � Communicatmo�a from Code Enforcement incidenta77y refer to so many "days" -- not so many "working days" -- which 7eaves a homeowner confused as-to th exact compliance day. In Mr. Odens case there was an intervening 4 days of two weeken s. And how does that figure into the unspecific "days". Shortly after, an "Inspection Appointment" dated July 27th arrives from Inspector Pat Fish of the Fire Department .regarding the items written up by Mr. Lippert. I was in attendance at the meeting with Ms. Fish which was on7y an inspection of the exterior of the premises. Her comments were quite helpful and will be complied with when al] work is completed on Mr. ODens property. She ]eft a copy of "Chapter 34. Minnimum Property Maintenance Standards for A77 Structures and Premises for the City of Saint Pau]" and it contains some 2] pages of detai7ed specif9cations for which Mr. Odens must comply. Discussed at the time � with Di1C�t Ms. Fish was the history of Mr. Odens initiation of action �d' through District 7 Group to help solve the � pro7iferation of drugs and i]lega7 sa7es of same in the darkened areas of Mr, Odens 7arge yard and out on the street corner -- he has a cArner lot at Char7es and Grotto. District 7-� apparently � contacted Captain Harrington of the 7oca] police precinct. This apparten7y resulted in the appearance at Mr. Odens door of °The Force" and Mr. Lippert., who I am given to understand .�F is "wearing two hats?" Before the arrival of Mr.Fish from the Fire Department, someone named Kalis and an assistant arrived on July 37st from the Division of Code Enforcement to da yet another writeup -- this time of the Back Yard and �-Garage. Much of this fias been complied with as of this meeting, although not completely, for an inspection today on August 15th o � -Y?y Odens #22 -- page 2 During the ongoing flurry of removal trucks, dumpsters and volunteer working of many of Mr. Odens friends, yesterday, Tuesday afternoon when there was a moving around of vehicles to accomodate another truck, Mr. Odens moved his car onto the � street. In the bat of an eye the car was stolen and taken one b7oc� paused to pickup other "kids" for a ride. On pursuit by one of Mr. Odens worker/helpers, the youngsters fled, taking MR. ODEN3 keys with thera. He is a7so now trying to get this problem �l so7ved. It took � about 45 minutes for a squad to arrive on the scene.Rather typical time response to ca77s into this "Containment Area" (may be called Heat or Feed and Weed). Mr. Odens has made really significant progress on most the the items written up at the initial inspection on Ju7y 26th, and he avows the work wi71 continue at unabated speed unti7 comp7eted. HE IS NOT GUARANTEEING "BETTER HOMES AND GARDENS", but he wil7 have fu77 and total comp7iance in the time he is asking for. Also in that time he would like occupancy of the premises for sleeping and bathing. He.i� not prepared or eatep�food on the premises for 10 years. An interim inspection wi17 �show that much has been done and at it wil7 be comp7eted perhaps before the extended time expires. Mr. Odens cannot be here today because he cannot 7eave the premises untended with the street "traffic" that abounds i77egally in the area and seems to go on unabated l�night and day. Consequently, under his present 7iving circumstances, � he must return to the property frequent7y around the� clock to both supervise the ongoing cleanup work and keep the unwanted � e7ement off his premises. Should the City Couneil choose to not extend this time request of 60 days, I, as his advocate, will have to enact the backup plan of contacting the ATTORNEY GENERAL's OFFICE, seek recourse in the�f'courts or involve the "Media". Perhaps all three. WRITTEN AND PREPARED MR.ODENS REQUESl': APPROVED BY: es