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02-130I � §� � � � � � � CouncIl File # O�— �3 � �\ Green Sheet # 113669 Presented RESOLUTION CITY OF SAINT PAUL, MINNESOTA ai Referred To Commiuee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the Febniary 12, 2 2002, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the foliowing 3 addresses: 4 Properiy Appealed Ap�ellant 6 1490 Minnehaha Avenue West Mike Feddersen 7 Decision: Variance granted on the ventilation system on the follow condition: during future inspections, if an inspector determines there is a significant moisture problem, the inspector may issue orders again. 9 296 Bates Avenue Mark Murnane for Marlin Management, Inc. 10 Decision: Variance granted on the mechanical ventilation on the following condition: if there are any structural 11 changes in the bathrooms, mechanical ventilation will have to be installed. 12 13 14 15 16 17 49 Cook Avenue West Bernazd A. Munyan Decision: Appeal denied; however, since the upper level tenant is moving shortly, the owner has to take care of the mice problem, repair the floor in the upper unit, get rid of the mold in the upper unit living room closet if it is mold, repair the refrigerator in the upper unit if it needs repairing, and make sure the stove works in the upper unit. Ed Smith, Fire Prevention Inspector, will inspect the upper unit before it is re-occupied. It is up to Bemard Munyan, the owner, to notify Ed Smith. 18 1253 Cook Avenue East Peter McCarty 19 Decision: Appeal denied on the Notice of Condemnation dated Februat•y 1, 2002. 20 1854 Robl�n Avenue Scot Taylor 21 Decision: Appeal granted on the nonconforming doors on the following conditions: 1) if the nonconforming 22 doors ever need to be replaced, they will be xeplaced with conforming fire rated door assemblies, 2) the building 23 will otherwise be maintained in compliance with all applicable codes and ardinances. 24 1663 Sherburne Avenue Mark Mumane 25 Decision: Appeal granted on the nonconforming doors on the following conditions: 1) if the nonconforming 26 doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies, 2) the building 27 wiil otherwise be maintained in compliance with all applicable codes and ordinances. Green Sheet 113669 oa_�3p 1 2 3 4 5 6 7 Yeas Na s Absent Blakey ,i' Coleman ,, Harris v Benanau „� Reiter ,�. Bostrom ,� Lantry ✓ G O 8 9 10 Adopted by Council: Date: "'� �, e1.p a a a� 11 12 Adop ' n Certified by Council Secretary 13 By: � ,_n � .Q 14 Approved b a r: Date. . S . 15 By: � Requested by Department of: : Form Approved by City Attorney � Approved by Mayor for Submission to Council : 2 O�.-1�� City Council Offices P7fACT PERSON 8 PFKNYc Gerry Strathman, 266-8560 Feb. 13, 2002 POrt TOTAL # OF SIGNATURE PAGES GREEN SHEET mnrovuae� �_-„ ; ._. .�-;�: , N� 113669 r-�:c-� c _—� ❑ arrwTron�r ❑ afrcuxc ❑ R1AIinsLaERYtcFiort. ❑ AUIIC111LaFMVMCC�G ❑MYOI[lOR/�1M� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the February 12, 2002, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1490 Minnehaha Avenue West, 296 Bates Avenue, 49 Cook Avenue West, 1253 Cook Avenue East, 1854 Roblyn Avenue, and 1663 Sherburne Avenue. PLANNING COMMISSION CIB CAMMITfEE CIVI� SERVICE COMMlSS10N � IFAPPROVED Hasth� Pe���rm euer�wrked under a coMract formis departmeM? VES NO Has this Pe��rm ever heen a dlY empbyee4 YES NO Does th� perspJflrtn posse6s a sldll nOt nolmallypossessetl by any WrreM city employee? YES NO Is ltds persofuFfm atazpded vendq? YES NO . �- ���.: ' • . . . � � ,'. � SOURCE COST/REVENUE BUDGETED (CIRCLE ONB� YES ACTNITY NUMBER NO (��M �Z �� NOTE5 OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, February 12, 2002 Room 330 Courthouse Gerry Sirathman, Legislative Hearing Officer The meeting was called to order at 132 p.m. STAFF PRESENT: Dick Lippert, Code Enfarcement; Steve Magner, Code Enforcement; Fd Smith, Code Enforcement; Michael Urxnann, Fire Prevention 1490 Minnehaha Avenue West Rob Sage, 7900 E. Conroy Way, Inver Grove Heights, representing owner Mike Fedderson, appeared and stated he is appealing the ventilation issue. Gerry Strathman stated that his appeai reads there are three bathrooms with no ventilation and there is no practical way to install the ventilation. Mr. Sage responded that is correct. The bathrooms have no access to outside wails, the roof, or windows. Michael Urmann reported that he spoke to the inspector Kevin Chapdelaine who is also the mechanical inspector, who believes the work is possible and needed. He has seen signs that there may be water problems due to condensation in the building. Mr. Strathman asked what it would take far this wark to be done. Mr. Sage responded these bathrooms are on the lower floors. To vendlate to an outside wall, it would have to go through two other rooms and be enclosed in that. The cost would be significant. The building itself is in good shape. It would be hazd to match woodwork. Mr. Strathman asked has he seen any moisture buildup. Mr. Sage responded there have been a couple of water leaks. He has never seen any moisture or mold buildup. Since the ovmer purchased the building, he has installed ceiling fans in all the units, and there is good air flow in these units. Gerry Strathxnan granted the variance on the ventilation system on the follow condition: if in fuhue inspecfions the inspector determines there is a significant moisture problem, the inspector may issue orders again and the matter can be considered at that time. 296 Bates Avenue (No one appeared to represent the properiy.) Michael Urmann reported that the appellant will not be here because an agreement has been reached. Because of the cost prohibitive nature of the orders, Fire Prevention recommends that the appeal be granted on the following condition: if there is any change in the bathroom, the items will be installed at that time. OZ t3C� PROPERTY CODE ENFORCEMENT NOTES OF FEBRUARY 12, 2002 Page 2 Gerry Sttathman granted the variance on the following condition: if there are any changes in the bathroom, the mechanical ventilation will have to be installed. 49 Cook Avenue West The following appeazed: Bernazd A. Munyan, owner, and Terry Munyan, his wife. NIr. Munyan stated he rented this property. He received a correction notice from Ed Smith. Item 1: Eradicate muuse infestation (upper and lower units) - Mr. Munyan responded to Mr. Smith in a letter about the item. Mr. Munyan gave the tenant Amy Murphy mouse and rat cakes to put around the aparhnent. This was done the day after she let him lmow there was a problem. A policeman was present. The tenant told the police that someone will do it and that she did not want to see Mr. Munyan. Mr. Munyan did not have access to the apartment. He was in the apartment on January 15. Mr. Munyan leased the apartment to Joseph Adams, who filled out the applicafion for the aparhnent. At that time, he had Ms. Murphy with him and said she would be living there with him, but Joseph was the one approved because Amy's credit was no good. There was no problem with mice, stated Mr. Munyan. The previous tenant never complained about mice. Mr. Munyan did not find any evidence of mice when he cleaned the apariment. He presumes Mr. Smith was called there by this tenant. He has tried to get into the apartment several times. Mr. Munyan called the tenant yesterday and left a message. The tenant returned the call in the afternoon and said that he cannot come in the unit because he did not give her 24 hour notice. He has not been able to get in there. The tenant in the lower unit has not had any mice problems, and he has been there almost a year. This tenant said that Mr. Smith has not talked to lum. There was mice infestation after he purchased the properry in 1987. From 1987 to three years ago, Mr. Munyan had seen mice two different times. He aiways puts out fresh cakes of poison every year on each floor. Item 2: Professionally repairlreplace flooring in the upper unit closet and any other areas where there are holes in the floor (many holes found stuffed with steel wool near entry to bathroom). Hole in kitchen by stove. This is a 90 yeaz oid house, stated Mr. Munyan. He is a mechanic. He does not feel he should replace the floor because of a mice hole. Mr. Smith told him that he took photographs of two holes. Mr. Munyan does not know anything about steel wool shoved into a hole. The hole by the kitchen stove could be from a gas stove that was there at one time, but Mr. Smith thought it was a mouse hole. The tenant says they will be out today. Also, neighbors called him about a davenport on the lawn. Mr. Strathman asked will the tenant will be moving out entirely. NIr. Munyan responded she will be out of the place today permanently. He is requesting a variance on the wood floar in these damaged areas, stated Mr. Munyan. He offered to sand the floor and fill it with wood puriy, but it is severe to ask him to replace it. He �� `� PROPERTY CODE ENFORCEMENT NOTBS OF FEBRUARY 12, 2002 Page 3 even asked if he could put plywood or something down. Mr. Strathman asked what kind of floors are they. Mr. Munyan responded they are hardwood. The house was built years ago. Back then, thick lumber was used, and now lumber is 3/4" or 318". Item 4: Replacehepair refrigerator in upper unit (freezer, too) - Mr. Munyan stated when he redid this apartment, he shut off the refrigerator and vacuumed the cat hair in the refrigerator coils. He cleaned the refrigerator with anunonia and bleach. He turned the refrigerator on, and it kept his water cool. The order is written that it needs to be replaced. He has not been able to get in the unit to check the refrigerator to see if it is cooling. Since she is moving out, Mr. Strathman asked, he wili be able to get in there tomorrow. Mr. Munyan responded the fust day she is out, the Munyans will check the refrigerator. Item 5: Repair both burners on the left side of the stove in the upper unit - Mr. Munyan stated that when he went in to clean the unit, the stove was not working because there was something spilled on the pilot lights. If the burners are not working now, all it needs is cleaning; Mr. Smith emphasized it needed to be replaced. Amy Murphy, the tenant, called and left a message that she has had trouble with Joseph, that he has a drinking problem, and would Mr. Munyan let her know when he gets back. Mr. Munyan leaves the tenants information about where he can be reached and information on a plumber and electrician that can be called. When he got back, the only message was that Ms. Murphy had trouble with Joseph. She came ovex with the rental check, and there was no mention of rodents or problems. Two days later, she calied the inspectar to complain about rodents. Joseph called the ne� day, and Mr. Munyan told him that he was just heading out to get fl�e poison. Ioseph was mad and saying bad things about her. Mr. Munyan told him it was just as likely that he bought the mouse in. There was no problem with mice before they moved in. Knowing how afraid Amy is of xnice, Joseph may have brought in a mouse just to torment her. She kicked him out within the last two weeks. Mr. StratYunan asked when she moved in. Mr. Munyan responded after January 20. In that time, she kicked Joseph out, called the inspector, and told the police on the telephone that Mr. Munyan was cursing and threatening her. He had to ca11 the police to tell them nothing like that had happened. Mr. Strathman stated it is unusual for someone to move in and out in a few weeks. He asked is it customary to get first and last months rent and a damage deposit. Mr. Munyan responded just first and last month's rent and there is no damage deposit. Her rent is current. Item 3: Eradicate mold problem in the living room closet (same closet with water damaged flooring) in upper unit. - Mr. Munyan stated this may be tar instead of mold. He had a leak in the roof when the other tenant was there, and Mr. Munyan reroofed the whole building. He poured taz in the cracks azound a vent pipe. That tar did not harden up. The water ran the tar down into the room. When he shampooed the rug, it was the tar he could not get out. o� �� PROPERTY CODE ENFORCEMENT NOTES OF FEBRi3ARY 12, 2002 Page 4 Mr. Strathman asked is she forfeiting last month's rent. Mr. Munyan responded he made an offer tbat he would refund this month's rent if she was out by a particulaz date. Also, Ms. Murphy tenant threw Joseph's food on the lawn and refused to pick it up. Mr. Munyan hired to have it picked up, which was $200. Mr. Strathman asked is he confident she will be moving out soon. Mr. Munyan responded he is not. She said she is moving out, but she also said she would pick up the garbage, which she did not do. Ed Smith reported the complaint was issued on January 18. He made arrangements to meet Joseph at the upper unit of the duplex on January 24. (Mr. Smith showed Pvlr. Strathxnan photographs, which included a package that had been eaten through and hole with steel wool. Photographs were also shown to Mr. Munyan.) Item 1- Mr. Smith found evidence of mouse droppings on the pantry. In response to questions by Mr. Strathxnan, Mr. Smith responded they aze mouse-size holes, and it is possible the mice aze in the walls of the unit, which is why he added to Item 1"upper and lower uniY' for eradicating the mice. It is hard to tell how old the holes are, but Mr. Smith did not think they were recent. Item 2- Mr. Strathman stated Mr. Munyan is under the impression that repair is unacceptable. Mr. Smith responded that repair is acceptable. Mr. Munyan responded that he would not be here today if he thought that repair is acceptable. Item 3- Mr. Smith stated there was mold in the closet. In response to a question, Mr. Smith stated that it could be the aftermath of an earlier leak. Item 4- Mr. Smith asked the owner to repair the refrigerator in the upper unit. The tenants had it set as high as it would go, and it was not keeping food cold enough. The freezer was not keeping food frozen. If the owner can repair it, that would be fine. Item 5- Mr. Smith stated he was addressing the burners on the left side of the stove. In answer to questions, Mr. Smith responded he did not know why the burners were not working. He turned them on, they did not ignite, and he could smell gas. It could have been the pilot light. Amy Murphy, tenant, appeared and stated she is on the lease as weli as Toseph. She and Joseph are not having any problems. They wili be married within a yeaz. She is the one that called the police. She was home alone, had finished taking a shower, and was not fully clothed when she heard someone pulling on the door saying "Open the datnn door." She asked him to go away and he continued puliing on the door. She called the police and they were there in about three minutes. Mr. Munyan told the police that he wanted to put rat cakes azound the apartment, and she told the police she did not want the owner in her unit. (Ms. Murphy presented photographs to Gerry Strathman.) �Z �30 PROPERTY CODE ENFORCEMENT NO'I`ES OF FEBRUARY 12, 2002 Page 5 Item 1- Mr. Strathman asked about the mice. Ms. Murphy responded she found a mouse run from underneath the sink when she had been there for two weeks. She put up traps. She figures it is an old house and it is going to happen. Steel wool was shoved in the cracks and painted over. She has never painted the apartment, so it was there beforehand. She told Mr. Munyan that all her food has been eaten through in the pantry. Item 4- Mr. Strathman asked did she notify him that the refrigerator was not working. Ms. Murphy responded that she called him and told him. He claims that they brought the mice in with them. She does keep a clean house. Item 3- About the mold, her son is three months old. His eyes water, and the doctor said that is a sign of a serious problem because babies do not usually develop problems untii they aze a year old. Ms. Murphy has found a new place to live. If she had known that Mr. Munyon was not going to fix these problems, she would not have paid her rent in Febniuy. She believed him and trusted him. Mr. Strathman asked when she is moving out. Ms. Murphy responded she just has a few bags to get. The day she was moving out, a mice ran out from underneath the couch. She will not take the couch with her because there may be a mouse underneath it. Mr. Munyan stated the tenant said nothing about the stove or refrigerator being bad or a mouse infestation when she made the January-Februaiy payment. He has a copy of the lease made out to Joseph, but she co-signed it. There was an agreement that if there was any problem with that room, he would have nothing against them moving out right away. He is very aware of problems with infants breathing, especially newborns. Ms. Murphy stated she took out rotten food from the refrigerator and she put that direcdy in the trash. Mr. Munyan wanted to give Ms. Murphy something about the trash in the yazd. Mr. Strathman responded that issue is not before him today. Ms. Murphy asked about last month's rent. Mr. 5trathman responded that is a civil matter and he cannot help her with that. Mr. Strathman stated he will deny the appeal; however, since the tenant is moving shortly, the owner has to take caze of the mouse problem, repair the floor, get rid of the mold if it is mold, repair the refrigerator if it needs repairing, and make sure the stove works. Ed Smith will inspect the property before it is reoccupied It is up to Mr. Munyan to notify Mr. Smith. 1253 Cook Avenue East Peter McCarty, owner, appeared and stated he is appealing the notice of condemnation because of two reasons: none of these violations exist at the present, it is unusual they would condemn the building and not issue conection orders instead. �Z �3� PROPERTY CODE ENFORCEMENT NOTES OF FEBRUARY 12, 2002 Page 6 Dick Lippert reported the building was condemned because it was condemnable. He is assigned to the FORCE Unit of the Police Department. Gerry Strathman asked was he familiaz with the mission of the FORCE Unit. Mr. McCarty responded yes. If the violations are all taken caze of, then it is a matter of reinspection, and Mr. Lippert would be happy to do that. If all those condifions aze correct, he will lift the condemnation. If everything is done except the code compliance, Mr. Lippert is willing to waive it, but he would like to reserve the right to reinstate if the violarions are not taken caze of yet. Mr. McCarty stated he has been trying to get ahold of Mr. Lippert. NIr. Lippert responded he worked Friday and was off over the weekend. He had no phone message. Mr. McCariy stated his maintenance man has been trying to get ahold of Mr. Lippert before this hearing. It is his understanding there was a search of the properly and no drugs were found. Mr. Lippert responded the building was not condemned for drugs, but for cause. When these things are found in conjunction with narcotics investigation, there is a zero tolerance policy. Mr. McCarty stated he has worked with the police. He has called them in the past because he has a zero tolerance, too. Mr. Strathman stated the issue before him is if the Code Enforcement order is reasonable and conect. It seems it is. It also seems the matter is mute. If the repairs are made, Mr. Lippert has to confirm that. Mr. McCariy stated what is unusual is they were out on January 31, the letter went out on February 1 with an order to vacate on February 3, it was piacarded as a vacant house on February 3. They are piling on the issues. They got his attention, but they could have gotten that by picking up the phone. Gerry Strathman denied the appeal. This will be on the City Council agenda on Febniaiy 20 or 27. If Mr. Lippert can do the inspection before then, the matter is moot. Mr. McCarry stated if is passes and the code compliance is lifted, what about the vacant building placazd. The tenant does not want to vacate. Mr. Strathman denied the appeal and encouraged Mr. McCarty, Mr. Lippert, and Mr. Magner to have a conversation about the future of this property. 1854 Robiyn Avenue Note: Scot Taylor, 1854 Roblyn Avenue, received a letter from Gerry Strathman with the following decision: Appeal granted on the nonconforming doors on the following conditions: 1) If the nonconforming doors ever need to be replaced, they will be replaced with conforming fire oZ `�j PROPERTY CODE ENFORCEMENT NOTES OF FEBRUARY 12, 2Q02 Page 7 rated door assemblies, 2) The buiiding wili otherwise be maintained in compliance with all applicable codes and ordinances. 1663 Sherbume Avenue Note: Mazk Mumaue, 1663 Sherburne Avenue, received a letter from Gerry Strathman with the foliowing decision: Appeal granted on the nonconforming doors on the following conditions: l; If the nonconfoizniug doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies, 2) The building will otherwise be maintained in compliance with all applicable codes and ordinances. The meeting was adjourned at 2:22 p.m. rrn I � §� � � � � � � CouncIl File # O�— �3 � �\ Green Sheet # 113669 Presented RESOLUTION CITY OF SAINT PAUL, MINNESOTA ai Referred To Commiuee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the Febniary 12, 2 2002, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the foliowing 3 addresses: 4 Properiy Appealed Ap�ellant 6 1490 Minnehaha Avenue West Mike Feddersen 7 Decision: Variance granted on the ventilation system on the follow condition: during future inspections, if an inspector determines there is a significant moisture problem, the inspector may issue orders again. 9 296 Bates Avenue Mark Murnane for Marlin Management, Inc. 10 Decision: Variance granted on the mechanical ventilation on the following condition: if there are any structural 11 changes in the bathrooms, mechanical ventilation will have to be installed. 12 13 14 15 16 17 49 Cook Avenue West Bernazd A. Munyan Decision: Appeal denied; however, since the upper level tenant is moving shortly, the owner has to take care of the mice problem, repair the floor in the upper unit, get rid of the mold in the upper unit living room closet if it is mold, repair the refrigerator in the upper unit if it needs repairing, and make sure the stove works in the upper unit. Ed Smith, Fire Prevention Inspector, will inspect the upper unit before it is re-occupied. It is up to Bemard Munyan, the owner, to notify Ed Smith. 18 1253 Cook Avenue East Peter McCarty 19 Decision: Appeal denied on the Notice of Condemnation dated Februat•y 1, 2002. 20 1854 Robl�n Avenue Scot Taylor 21 Decision: Appeal granted on the nonconforming doors on the following conditions: 1) if the nonconforming 22 doors ever need to be replaced, they will be xeplaced with conforming fire rated door assemblies, 2) the building 23 will otherwise be maintained in compliance with all applicable codes and ardinances. 24 1663 Sherburne Avenue Mark Mumane 25 Decision: Appeal granted on the nonconforming doors on the following conditions: 1) if the nonconforming 26 doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies, 2) the building 27 wiil otherwise be maintained in compliance with all applicable codes and ordinances. Green Sheet 113669 oa_�3p 1 2 3 4 5 6 7 Yeas Na s Absent Blakey ,i' Coleman ,, Harris v Benanau „� Reiter ,�. Bostrom ,� Lantry ✓ G O 8 9 10 Adopted by Council: Date: "'� �, e1.p a a a� 11 12 Adop ' n Certified by Council Secretary 13 By: � ,_n � .Q 14 Approved b a r: Date. . S . 15 By: � Requested by Department of: : Form Approved by City Attorney � Approved by Mayor for Submission to Council : 2 O�.-1�� City Council Offices P7fACT PERSON 8 PFKNYc Gerry Strathman, 266-8560 Feb. 13, 2002 POrt TOTAL # OF SIGNATURE PAGES GREEN SHEET mnrovuae� �_-„ ; ._. .�-;�: , N� 113669 r-�:c-� c _—� ❑ arrwTron�r ❑ afrcuxc ❑ R1AIinsLaERYtcFiort. ❑ AUIIC111LaFMVMCC�G ❑MYOI[lOR/�1M� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the February 12, 2002, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1490 Minnehaha Avenue West, 296 Bates Avenue, 49 Cook Avenue West, 1253 Cook Avenue East, 1854 Roblyn Avenue, and 1663 Sherburne Avenue. PLANNING COMMISSION CIB CAMMITfEE CIVI� SERVICE COMMlSS10N � IFAPPROVED Hasth� Pe���rm euer�wrked under a coMract formis departmeM? VES NO Has this Pe��rm ever heen a dlY empbyee4 YES NO Does th� perspJflrtn posse6s a sldll nOt nolmallypossessetl by any WrreM city employee? YES NO Is ltds persofuFfm atazpded vendq? YES NO . �- ���.: ' • . . . � � ,'. � SOURCE COST/REVENUE BUDGETED (CIRCLE ONB� YES ACTNITY NUMBER NO (��M �Z �� NOTE5 OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, February 12, 2002 Room 330 Courthouse Gerry Sirathman, Legislative Hearing Officer The meeting was called to order at 132 p.m. STAFF PRESENT: Dick Lippert, Code Enfarcement; Steve Magner, Code Enforcement; Fd Smith, Code Enforcement; Michael Urxnann, Fire Prevention 1490 Minnehaha Avenue West Rob Sage, 7900 E. Conroy Way, Inver Grove Heights, representing owner Mike Fedderson, appeared and stated he is appealing the ventilation issue. Gerry Strathman stated that his appeai reads there are three bathrooms with no ventilation and there is no practical way to install the ventilation. Mr. Sage responded that is correct. The bathrooms have no access to outside wails, the roof, or windows. Michael Urmann reported that he spoke to the inspector Kevin Chapdelaine who is also the mechanical inspector, who believes the work is possible and needed. He has seen signs that there may be water problems due to condensation in the building. Mr. Strathman asked what it would take far this wark to be done. Mr. Sage responded these bathrooms are on the lower floors. To vendlate to an outside wall, it would have to go through two other rooms and be enclosed in that. The cost would be significant. The building itself is in good shape. It would be hazd to match woodwork. Mr. Strathman asked has he seen any moisture buildup. Mr. Sage responded there have been a couple of water leaks. He has never seen any moisture or mold buildup. Since the ovmer purchased the building, he has installed ceiling fans in all the units, and there is good air flow in these units. Gerry Strathxnan granted the variance on the ventilation system on the follow condition: if in fuhue inspecfions the inspector determines there is a significant moisture problem, the inspector may issue orders again and the matter can be considered at that time. 296 Bates Avenue (No one appeared to represent the properiy.) Michael Urmann reported that the appellant will not be here because an agreement has been reached. Because of the cost prohibitive nature of the orders, Fire Prevention recommends that the appeal be granted on the following condition: if there is any change in the bathroom, the items will be installed at that time. OZ t3C� PROPERTY CODE ENFORCEMENT NOTES OF FEBRUARY 12, 2002 Page 2 Gerry Sttathman granted the variance on the following condition: if there are any changes in the bathroom, the mechanical ventilation will have to be installed. 49 Cook Avenue West The following appeazed: Bernazd A. Munyan, owner, and Terry Munyan, his wife. NIr. Munyan stated he rented this property. He received a correction notice from Ed Smith. Item 1: Eradicate muuse infestation (upper and lower units) - Mr. Munyan responded to Mr. Smith in a letter about the item. Mr. Munyan gave the tenant Amy Murphy mouse and rat cakes to put around the aparhnent. This was done the day after she let him lmow there was a problem. A policeman was present. The tenant told the police that someone will do it and that she did not want to see Mr. Munyan. Mr. Munyan did not have access to the apartment. He was in the apartment on January 15. Mr. Munyan leased the apartment to Joseph Adams, who filled out the applicafion for the aparhnent. At that time, he had Ms. Murphy with him and said she would be living there with him, but Joseph was the one approved because Amy's credit was no good. There was no problem with mice, stated Mr. Munyan. The previous tenant never complained about mice. Mr. Munyan did not find any evidence of mice when he cleaned the apariment. He presumes Mr. Smith was called there by this tenant. He has tried to get into the apartment several times. Mr. Munyan called the tenant yesterday and left a message. The tenant returned the call in the afternoon and said that he cannot come in the unit because he did not give her 24 hour notice. He has not been able to get in there. The tenant in the lower unit has not had any mice problems, and he has been there almost a year. This tenant said that Mr. Smith has not talked to lum. There was mice infestation after he purchased the properry in 1987. From 1987 to three years ago, Mr. Munyan had seen mice two different times. He aiways puts out fresh cakes of poison every year on each floor. Item 2: Professionally repairlreplace flooring in the upper unit closet and any other areas where there are holes in the floor (many holes found stuffed with steel wool near entry to bathroom). Hole in kitchen by stove. This is a 90 yeaz oid house, stated Mr. Munyan. He is a mechanic. He does not feel he should replace the floor because of a mice hole. Mr. Smith told him that he took photographs of two holes. Mr. Munyan does not know anything about steel wool shoved into a hole. The hole by the kitchen stove could be from a gas stove that was there at one time, but Mr. Smith thought it was a mouse hole. The tenant says they will be out today. Also, neighbors called him about a davenport on the lawn. Mr. Strathman asked will the tenant will be moving out entirely. NIr. Munyan responded she will be out of the place today permanently. He is requesting a variance on the wood floar in these damaged areas, stated Mr. Munyan. He offered to sand the floor and fill it with wood puriy, but it is severe to ask him to replace it. He �� `� PROPERTY CODE ENFORCEMENT NOTBS OF FEBRUARY 12, 2002 Page 3 even asked if he could put plywood or something down. Mr. Strathman asked what kind of floors are they. Mr. Munyan responded they are hardwood. The house was built years ago. Back then, thick lumber was used, and now lumber is 3/4" or 318". Item 4: Replacehepair refrigerator in upper unit (freezer, too) - Mr. Munyan stated when he redid this apartment, he shut off the refrigerator and vacuumed the cat hair in the refrigerator coils. He cleaned the refrigerator with anunonia and bleach. He turned the refrigerator on, and it kept his water cool. The order is written that it needs to be replaced. He has not been able to get in the unit to check the refrigerator to see if it is cooling. Since she is moving out, Mr. Strathman asked, he wili be able to get in there tomorrow. Mr. Munyan responded the fust day she is out, the Munyans will check the refrigerator. Item 5: Repair both burners on the left side of the stove in the upper unit - Mr. Munyan stated that when he went in to clean the unit, the stove was not working because there was something spilled on the pilot lights. If the burners are not working now, all it needs is cleaning; Mr. Smith emphasized it needed to be replaced. Amy Murphy, the tenant, called and left a message that she has had trouble with Joseph, that he has a drinking problem, and would Mr. Munyan let her know when he gets back. Mr. Munyan leaves the tenants information about where he can be reached and information on a plumber and electrician that can be called. When he got back, the only message was that Ms. Murphy had trouble with Joseph. She came ovex with the rental check, and there was no mention of rodents or problems. Two days later, she calied the inspectar to complain about rodents. Joseph called the ne� day, and Mr. Munyan told him that he was just heading out to get fl�e poison. Ioseph was mad and saying bad things about her. Mr. Munyan told him it was just as likely that he bought the mouse in. There was no problem with mice before they moved in. Knowing how afraid Amy is of xnice, Joseph may have brought in a mouse just to torment her. She kicked him out within the last two weeks. Mr. StratYunan asked when she moved in. Mr. Munyan responded after January 20. In that time, she kicked Joseph out, called the inspector, and told the police on the telephone that Mr. Munyan was cursing and threatening her. He had to ca11 the police to tell them nothing like that had happened. Mr. Strathman stated it is unusual for someone to move in and out in a few weeks. He asked is it customary to get first and last months rent and a damage deposit. Mr. Munyan responded just first and last month's rent and there is no damage deposit. Her rent is current. Item 3: Eradicate mold problem in the living room closet (same closet with water damaged flooring) in upper unit. - Mr. Munyan stated this may be tar instead of mold. He had a leak in the roof when the other tenant was there, and Mr. Munyan reroofed the whole building. He poured taz in the cracks azound a vent pipe. That tar did not harden up. The water ran the tar down into the room. When he shampooed the rug, it was the tar he could not get out. o� �� PROPERTY CODE ENFORCEMENT NOTES OF FEBRi3ARY 12, 2002 Page 4 Mr. Strathman asked is she forfeiting last month's rent. Mr. Munyan responded he made an offer tbat he would refund this month's rent if she was out by a particulaz date. Also, Ms. Murphy tenant threw Joseph's food on the lawn and refused to pick it up. Mr. Munyan hired to have it picked up, which was $200. Mr. Strathman asked is he confident she will be moving out soon. Mr. Munyan responded he is not. She said she is moving out, but she also said she would pick up the garbage, which she did not do. Ed Smith reported the complaint was issued on January 18. He made arrangements to meet Joseph at the upper unit of the duplex on January 24. (Mr. Smith showed Pvlr. Strathxnan photographs, which included a package that had been eaten through and hole with steel wool. Photographs were also shown to Mr. Munyan.) Item 1- Mr. Smith found evidence of mouse droppings on the pantry. In response to questions by Mr. Strathxnan, Mr. Smith responded they aze mouse-size holes, and it is possible the mice aze in the walls of the unit, which is why he added to Item 1"upper and lower uniY' for eradicating the mice. It is hard to tell how old the holes are, but Mr. Smith did not think they were recent. Item 2- Mr. Strathman stated Mr. Munyan is under the impression that repair is unacceptable. Mr. Smith responded that repair is acceptable. Mr. Munyan responded that he would not be here today if he thought that repair is acceptable. Item 3- Mr. Smith stated there was mold in the closet. In response to a question, Mr. Smith stated that it could be the aftermath of an earlier leak. Item 4- Mr. Smith asked the owner to repair the refrigerator in the upper unit. The tenants had it set as high as it would go, and it was not keeping food cold enough. The freezer was not keeping food frozen. If the owner can repair it, that would be fine. Item 5- Mr. Smith stated he was addressing the burners on the left side of the stove. In answer to questions, Mr. Smith responded he did not know why the burners were not working. He turned them on, they did not ignite, and he could smell gas. It could have been the pilot light. Amy Murphy, tenant, appeared and stated she is on the lease as weli as Toseph. She and Joseph are not having any problems. They wili be married within a yeaz. She is the one that called the police. She was home alone, had finished taking a shower, and was not fully clothed when she heard someone pulling on the door saying "Open the datnn door." She asked him to go away and he continued puliing on the door. She called the police and they were there in about three minutes. Mr. Munyan told the police that he wanted to put rat cakes azound the apartment, and she told the police she did not want the owner in her unit. (Ms. Murphy presented photographs to Gerry Strathman.) �Z �30 PROPERTY CODE ENFORCEMENT NO'I`ES OF FEBRUARY 12, 2002 Page 5 Item 1- Mr. Strathman asked about the mice. Ms. Murphy responded she found a mouse run from underneath the sink when she had been there for two weeks. She put up traps. She figures it is an old house and it is going to happen. Steel wool was shoved in the cracks and painted over. She has never painted the apartment, so it was there beforehand. She told Mr. Munyan that all her food has been eaten through in the pantry. Item 4- Mr. Strathman asked did she notify him that the refrigerator was not working. Ms. Murphy responded that she called him and told him. He claims that they brought the mice in with them. She does keep a clean house. Item 3- About the mold, her son is three months old. His eyes water, and the doctor said that is a sign of a serious problem because babies do not usually develop problems untii they aze a year old. Ms. Murphy has found a new place to live. If she had known that Mr. Munyon was not going to fix these problems, she would not have paid her rent in Febniuy. She believed him and trusted him. Mr. Strathman asked when she is moving out. Ms. Murphy responded she just has a few bags to get. The day she was moving out, a mice ran out from underneath the couch. She will not take the couch with her because there may be a mouse underneath it. Mr. Munyan stated the tenant said nothing about the stove or refrigerator being bad or a mouse infestation when she made the January-Februaiy payment. He has a copy of the lease made out to Joseph, but she co-signed it. There was an agreement that if there was any problem with that room, he would have nothing against them moving out right away. He is very aware of problems with infants breathing, especially newborns. Ms. Murphy stated she took out rotten food from the refrigerator and she put that direcdy in the trash. Mr. Munyan wanted to give Ms. Murphy something about the trash in the yazd. Mr. Strathman responded that issue is not before him today. Ms. Murphy asked about last month's rent. Mr. 5trathman responded that is a civil matter and he cannot help her with that. Mr. Strathman stated he will deny the appeal; however, since the tenant is moving shortly, the owner has to take caze of the mouse problem, repair the floor, get rid of the mold if it is mold, repair the refrigerator if it needs repairing, and make sure the stove works. Ed Smith will inspect the property before it is reoccupied It is up to Mr. Munyan to notify Mr. Smith. 1253 Cook Avenue East Peter McCarty, owner, appeared and stated he is appealing the notice of condemnation because of two reasons: none of these violations exist at the present, it is unusual they would condemn the building and not issue conection orders instead. �Z �3� PROPERTY CODE ENFORCEMENT NOTES OF FEBRUARY 12, 2002 Page 6 Dick Lippert reported the building was condemned because it was condemnable. He is assigned to the FORCE Unit of the Police Department. Gerry Strathman asked was he familiaz with the mission of the FORCE Unit. Mr. McCarty responded yes. If the violations are all taken caze of, then it is a matter of reinspection, and Mr. Lippert would be happy to do that. If all those condifions aze correct, he will lift the condemnation. If everything is done except the code compliance, Mr. Lippert is willing to waive it, but he would like to reserve the right to reinstate if the violarions are not taken caze of yet. Mr. McCarty stated he has been trying to get ahold of Mr. Lippert. NIr. Lippert responded he worked Friday and was off over the weekend. He had no phone message. Mr. McCariy stated his maintenance man has been trying to get ahold of Mr. Lippert before this hearing. It is his understanding there was a search of the properly and no drugs were found. Mr. Lippert responded the building was not condemned for drugs, but for cause. When these things are found in conjunction with narcotics investigation, there is a zero tolerance policy. Mr. McCarty stated he has worked with the police. He has called them in the past because he has a zero tolerance, too. Mr. Strathman stated the issue before him is if the Code Enforcement order is reasonable and conect. It seems it is. It also seems the matter is mute. If the repairs are made, Mr. Lippert has to confirm that. Mr. McCariy stated what is unusual is they were out on January 31, the letter went out on February 1 with an order to vacate on February 3, it was piacarded as a vacant house on February 3. They are piling on the issues. They got his attention, but they could have gotten that by picking up the phone. Gerry Strathman denied the appeal. This will be on the City Council agenda on Febniaiy 20 or 27. If Mr. Lippert can do the inspection before then, the matter is moot. Mr. McCarry stated if is passes and the code compliance is lifted, what about the vacant building placazd. The tenant does not want to vacate. Mr. Strathman denied the appeal and encouraged Mr. McCarty, Mr. Lippert, and Mr. Magner to have a conversation about the future of this property. 1854 Robiyn Avenue Note: Scot Taylor, 1854 Roblyn Avenue, received a letter from Gerry Strathman with the following decision: Appeal granted on the nonconforming doors on the following conditions: 1) If the nonconforming doors ever need to be replaced, they will be replaced with conforming fire oZ `�j PROPERTY CODE ENFORCEMENT NOTES OF FEBRUARY 12, 2Q02 Page 7 rated door assemblies, 2) The buiiding wili otherwise be maintained in compliance with all applicable codes and ordinances. 1663 Sherbume Avenue Note: Mazk Mumaue, 1663 Sherburne Avenue, received a letter from Gerry Strathman with the foliowing decision: Appeal granted on the nonconforming doors on the following conditions: l; If the nonconfoizniug doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies, 2) The building will otherwise be maintained in compliance with all applicable codes and ordinances. The meeting was adjourned at 2:22 p.m. rrn