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02-21���GI�� ��,� Green Sheet # 113660 couacil File # oa-e1.\ RESOLUTION CITI( OF SAiNT PAUL, MINNESOTA 33 Presented Referred To Committee Date 1 BE I'T RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 18, 2 2001, decisions of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following 3 addresses: 4 Propert�ppealed A pep llant 5 670 Universitv Avenue West Russ Battisto for 666 Univ. Ave. Partnership 6 Decision: Laid over to the January 8, 2002, Properiy Code Enforcement Meeting. 7 1873 Mazshall Avenue John P. Bares 8 Decision: Appeal denied on the Reinspection Certificate of Occupancy With Deficiencies dated October 24, 9 2001. 10 1495 Rose Avenue East Tony Bolduc 11 Decision: Appeal denied on the deficiency list dated November 29, 2001. 12 1501 Rose Avenue East Tony Bolduc 13 Decision: Appeal denied on the deficiency list dated November 29, 2001. 14 1511 Rose Avenue East Tony Bolduc 15 Decision: Appeal denied on the deficiency list dated November 29, 2001. 16 138 Maria Avenue (Laid over from 11-20-01) John W. Sipf 17 Decision: Appeal denied on the Certificate of Occupancy With Deficiencies dated October 24, 2001. aa -a1 1 2 3 4 5 6 7 Blakey Coleman Harris Benanav Reiter Bostrom Lantry Yeas Absent ✓ Requested by Department of: ✓ ✓ ✓ ✓ ✓ ✓ Co O \ 8 Adopted by Council: Date:�� .�ao � 9 10 Adoption Certified by Council Secretary I1 By: "� d. , � _Oa_�_,�--- 12 Ap� 13 Dat 14 By: � Form Approved by City Attorney � Approved by Mayor for Submission to Council f� 2 e � _a.t DEPARTMINT/OFFICElCOUNCIL oni6 wmATED . � c�t coun��� off��es �z—z�—o� GREEN SHEET No 113660 CONTACT PERSON & PIiONE mXiaump NMi�s Gerry Strathman, 266-8560 ,,.,,,,�„�,"„� ,,,,.�,,., MUSi BE ON CIXJNCILAGQ�A BV (DA7� AEIIKM M1�BtFOR anAiioR1EY anCtFRK Rq7T8i6 �� AIR11rJ141.aFRNCFSOR n16tY1�t1.iFRVIACLTG ❑ WYORI�ASSf1l111t) ❑ TOTAL � OF SIGNATURE PAGES (CUP ALL IOCATIONS FOR SIGNATURE) CTION RE�UES7ED Approving the December 18, 2001, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 670 University Avenue West, 1873 Marshall Avenue, 1495 Rose Avenue East, 1501 Rose Avenue East, 1511 Rose Avenue East, and 138 Maria Avenue. RECOMMENDA7iON Approve (A) w Rejeet (R) PERSONAI SERVICE CANiRAGIS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Hss tliis persoMrm everworketl under a contrac[ farfhis departmeM? PtANNING COMMISSION VES NO CIB COMMITTEE 2 Has this pe�sdUfirm ever been a cdy empbyee4 CNILSERVICECOMMISSION vES NO . . 3. Dces this Ge�M� P� a sltill rwt rarmallYP���d bY anY arteM ciry emWoYee? YES NO 4. Ia Gtis pe�soMrm a targefed veMa? YES NO Emlain aU Y� answe�s on separete sheet and attach to 9reen sl�eet INITIATINC PROBLEM ISSUE, OPPORTUNITY (Who, What, When, Wtxxe, Why) ADVANTAGESIFAPPROVED pe „9 py s 6t'�.� .�iP? T?av�''5.��`��'��^�'�'ia� � � G .F � �6 DIS4DVANTAGESIFAPPROVED DISADVANTAGES IF NQT APPROVED ' , ._ . "" TOTAL AMOUNT OF TRANSACTON S COST/itEVEMUE BUDC.Efm (qRCLE ON� YES NO FUNDING SOURCE ACTNITY NUMBER FlNANCV�L INFORMATION (E%P W N) �Z ZI ��. NOTES OF THE PROPERTY CODE ENFORCEMENT MEETR�iG Tuesday, December 18, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 130 p.m. STAFF PRESENT: Bazb C��mmings, Fire Pxevention; Steve Rice, Housing Information Office; Michael Urmann, Fire Prevention 670 University Avenue West Russ Battisto, General Partner at 666 University Avenue Partnership, appeared and stated his concern is the ceiling item that reads "Repair and maintain the ceiling in an approved manner." He took caze of all the items except this one. He was out of the country at the time of the inspection. The ceiling is sheetrock. This is a vacutun cleaner store. It may be a major expense to replace this. Gerry Strathman asked what the basement is used for. Mr. Battisto responded storage of parts. This building and basement have been in the same shape for the 25 yeazs he has been there. Some holes have been opened to run computer wiring, but the actual sheetrock is the same. Mr. Strathxnan asked is it falling down. Mr. Battisto responded not that he is aware o£ The building used to be a bowling alley. The basement is fine structurally. Mike Urmann reported he spoke to the field inspector this morning. He is not asking for a replacement of the ceiling, but repair of water damaged areas that are falling down. He would like those azeas to be removed and repatched with the sheetrock. Mr. Strathman asked how extensive the water damaged azeas area. Mr. Urmann responded he did not ask the inspector. Mr. Battisto responded the people in his office were left the impression it is e�ensive. Mr. Strathman asked Mr. Urmann would he be willing to meet with Mr. Battisto to look at the situation. Mr. Urmann responded yes. Mr. Strathman laid over this matter to the January 8, 2002, Properry Code Enforcement Meeting. The owner can meet with Mr. Urmann, and they can talk about what needs to be done. If Mr. Battisto still has a dispute, he can return on 7anuary 8. If the issue is warked out, he does not haue to return. 1873 Marshall Avenue (He gave Gerry Strathman photographs of his property.) John P. Bares, owner, appeared. He stated the top photo is Unit 4. The egress window in the bedroom is about an inch short for proper square footage; however, there is plenty of space to get oZZ� PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 18, 2001 Page 2 out of ttte window. There is a storm that divides it in half. He spoke to Michael Urmavn about installing a window so that it will be easily exited, entered, and still maintain the azchitecture of the house. Mr. Strathman asked does this idea work for the fire department. Mr. Urmann responded yes. Gerry Strathman denied the appeal because the orders aze correct. Mr. Urmann is prepared to withdraw the order if the owner makes the change. Mr. Urmann stated he will amend the order to allow the change. 1495 Rose Avenue East 1501 Rose Avenue East 1511 Rose Avenue East Tony Bolduc, owner, appeared and stated he is the son of the owner. Neither he nor his mother were notified of the last inspection. His tenants told hnn that Barb Cmiunings was there. The work order was inaccurate. Some of the items on the list were done months ago. The other things are being corrected. People have been hired to do everything on there. Gerry Strathman asked when a11 of this will be completed. Mr. Bolduc responded December 29. His main concem is he does not want tivs bothering his tenants over the holidays. He would like an inspection later this week. Mike Urmann reported this has been going on since June 2000 when Mr. Bolduc and he met in his office. Mr. Bolduc asked for additional time far the violations. Citarions were issued. They were under court order to have compliance done by August 16, 2001. At the time of the reinspection by Barb Cuuimings, the full compliance list was not completed per court order. Fire Prevention moved to take enforcement action and go through condemnation. That is where they are right now. Mr. Urmann offered their services to come to the site to determine if the orders were excessive or incorrect, but Mr. Bolduc failed to call and make the request for Mr. Urmann to be on site. It is past that point now due to the court order for compliance. Mr. Strathman stated the document in front of kum reads the condemnation of the building revokes the certificate of occupancy. He asked is this a condetnnation order. Mr. Urmann responded it is. The certificate of occupancy has been under revocation for almost a year. It should be brought under compliance or vacated by December 29. Mr. Bolduc stated as long as they have owned the buildings it has not had a certaficate of occupancy. Mr. Strathman asked did he consider that a problem. Mr. Bolduc responded he definitely does. A week after they purchased the building, stated Mr. Bolduc, Ms. Cnmmings called to inspect it. Mr. Bolduc requested anyone from their office besides Ms. Cununings to look at the building. Mr. Urmann responded that he could not assign a new inspectar without first being allowed in the building to see the validity of the orders. Since then, he never heard from Mr. Bolduc oZ2,l PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 18, 2001 Page 3 requesting an eatension or a new inspector. He is Ms. Cnmmings supervisor so that would be the logical step for him to take. Caty Royce, Community.Stabilization Project (CSP), appeazed and stated CSP is a tenants advocacy organization. She has worked with tenants regazding Mr. Bolduc's properties for at least six months. She has worked on acquisition issues which includes these three buildings. In May 2001, CSP put a flier out in response to a couple of tenants complaints and at least three water shutoff notices. CSP was prepazed to pay on all three occasions, but Mr. Bolduc did come up with the money. On at least one occasion, the water was actually shut off for the entire building. After the flier, Mr. Bolduc called her office and used foul language to staff and to her. Several tenants have complained about him walking in on them. CSP is exploring a tenants remedies act with District 2 as a potential plantiff that would give an admiuistrator appointed to do the repairs. Mr. Strathman asked when was the last time she was in the building and did she make any observations. Ms. Royce responded she was there two weeks ago. She saw a lot of problems: trash, window issues, security issues. When she served tenants with papers saying they could give her the funds and have someone repair the buildings, Mr. Bolduc asked, did any tenants take her up on that. Ms. Royce responded the tenants are afraid of him. Ms. Cummings stated she talked to the water deparhnent this morning. Fire Prevention posted the building on December 12 for water shutoff on December 21. Mr. Bolduc responded the bill was paid last week. The water was shutoff because the City was repairing the water line. Mr. Bolduc stated he has no problems making repairs. If they have a good elechician, he has no problem working with them. He went to CSP's office to work out an arrangement to get these things done. Ms. Royce would not talk to him, threatened to call the police to have him thrown out of her office, and called him slum lord. He did not use vulgar language with her and did not threaten her in any way. He may have asked her not to contact his tenants because he did not appreciate her doing that. He has a good relationship with his tenants. He does not lrnow who is afraid of him. He talks to his tenants on a regular basis. Since he has these orders, he knocks on the doors unatmounced and asks to enter because this is an urgent matter. He has never used his key to barge into anyone's apartment. Mr. Stratbman stated they should get back to focusing on the purpose of this hearing. The Fire Department issued these orders on November 29, the owner was suppose to correct them, and Fire Prevention was going to reinspect on December 29. They advised Mr. Bolduc that if he has not made these correcfions when they reinspected, the building will be condemned. Mr. Strathman asked will ali corrections be made before December 29. Mr. Bolduc responded that is correct. Also, Jean Birkholz (City Council Offices) just moved out of one of his buildings. She can testify to the state of his buildings and whether his tenants aze afraid of him. The previous owner had a problem with Ms. Cuimnings and somehow was able to get a different inspector to inspect the building. oZZ� PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 18, 2001 Page 4 Mr. Strathmau asked who would be conducting the reinspection on December 29. Mr. Urmann responded it will be after December 29. If he has an opporhxnity to do so, he will attend with the field inspector. Mr. Strathman asked is the situation essentially the same with the other two buildings. Mr. Bolduc responded sevetal inspections ago, every window and screen was fine with the first building. For the second building, Ms. C»mm;ngs found one screen in the hallway that was missing. When he got the new repair orders, all three buildings had to have windows and screens. If he could sign off on one building before going to another, it would be a lot easier. It is not fair when the inspector finds a fault with one building, and then blankets a11 three buildings with that problem. The neighbors parking lot with potholes in the driveway aze not his problem, but Ms. Cumznings insists they aze his. There are other things on the list that are inaccurate. He would like to meet with Mr. Urmann and get some advice on how to correct some of these problems. He asked Ms. Cununiugs and she said it is not her job to tell him how to correct them. Juan P., 1511 Rose Avenue East, tenant, appeazed and stated the building has been very nice. He lives there with his wife, children, and brother-in-law. It is not a problem for him. Mr. Bolduc asked was someone afraid of him. Juan P. responded no. Mr. Bolduc is a nice man. Guadalupe Contreras, 1501 Rose Avenue East, appeazed and stated she has been in the building almost two yeazs. Two years ago, the building was bad. There were roaches and mice. The refrigerator was infested with roaches, and Mr. Bolduc replaced most of the refrigerators. The stoves were so bad that she does not lrnow how the other owner passed inspection. People are moving in and out and things never stay done. Windows and screens were replaced in one apartment and a few days later, a tenanYs boyfriend broke all the windows. Ms. Cummings is rude and mean. Mr. Buldoc has done a lot for these apartments. He has let people live in these apartments up to nine months without paying rent because he felt sorry for them. Mr. Bolduc stated one of the items reads "Toilet missing. Replace toilet immediately." The order sounds like he was allowing his tenants to live there without a toilet. Ms. Cuminings was there while a ring was being replaced at the bottom of the toilet. Mr. Bolduc told her that if she would return in ten minufes, the repair would be done. Also, Ms. Cnmmings told some of the tenants in the building that his mother was in jail and asked what kind of guy he is to have kus mother in jaiL Then, the tenants would ask Ms. Contreras about his mother. When she was at the properry, stated Ms. Cununiug, Ms. Contreras told her that the toilet had been off for a few days. There were no workmen around, and Ms. Cnmmings was not requested to come back. Ms. Contreras responded that was her 12 year old daughter talked to Ms. Cnmmings, and the toilet was only offthat day. Linda Williams, 1511 Rose Avenue East #12, appeazed and stated she is a new tenant in the complex. She is not in the mindsight of being afraid of their landlord. She would not pay rent to OZZ.I PROPERTY CODE ENFORCEMEI�iT NOTES OF DECEMBER 18, 2001 Page 5 someone she is afraid of. When she moved into the property, she needed a new lock and the ceiling needed fixing; they were fixed. She has a nice apartment. IV�. Stratbman asked was the water cut off. Ms. Williams responded the City cut it off once because they aze coustru.cting a new building. Mr. Bolduc has been very lenient and does wbat she asks. Ms. Cuwmings has an attitude of being after him. Ms. Williams told her that he fised the roof, but Ms. C»mming responded it was not painted, and she was violating him anyway. Ms. VJilliams does not know the inspector personally, but whatever Mr. Bolduc and Ms. Cnmmings aze going through is personal. The issue needs to be dealt with so people have somewhere to live. Gerald Poe, 1501 Rose Avenue East #5, appeared and stated Mr. Bolduc brought a list by with a11 the repairs that needed to be done in his apartment. Then he asked was there anythiug else. T'he repairs were done. The unit is fine. Mr. Bolduc responded he brought photographs of Mr. Poe's unit. Mr. Bolduc stated if this hearing was being held in the evening, he would haue more tenants here on his behalf. He met with the tenants and asked them is there anything else to be done in their units. He found things on the deficiency list that Ms. Cummings did not find. Those things are being repaired, too. Mr. Strathman stated he thought he understood Mr. Bolduc to say he would be ready far the reinspection earlier than December 29. Mr. Bolduc responded the floor coverings are purchased. It is a very busy time for people in that business. He is having a hazd tnne getting a professional to install it. His installer inay be able to work on Christmas Eve and Christmas Day if they can get into the tenants homes. Also, he is being asked to install lighring at the bottom of every stairway. He does not understand why the building have never been cited for lighting in previous inspections. Steve Rice, Housing Information Office, reported he has talked to some tenants. There aze people here who are supportive. There are others that echo the senriments of Ms. Royce. It is confusing about which landlord they are talking about. The buildings in their minds have a tradition of not being well maintained. He has not seen anything directly. Mr. Bolduc stated two of the three buildings purchased were rough. They have done a lot to these buildings. A Section 8 inspector checked the buildings a few years ago and commented they had turned azound in the last few yeazs. Mr. Strathman asked will the buildings be in compliance by December 29. Mr. Bolduc responded yes and he would like Mr. Urmann to reinspect before this Friday so the notices can be taken down before the holidays. Mr. Unnaun responded he cannot remove the signs as long as the building is under condemnafion. He was more than willing to come out in June 2000 when this a11 started. They aze at the end of the line by now. vZZ.1 PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 18, 2001 Page 6 Mr. Stratlunan asked would he be willing to walk through the building with Mr. Bolduc and tell ]um wluch azeas aze problemafic. Mr. Urmann responded he cannot say his schedule will allow that before the end of the year. Mr. Strathman stated the City has a responsibility to see that the building is brought into compliance with the codes and becomes appropriate for habitation. He cannot see any basis whereby he would withdraw the orders Ms. Cmnnuugs has issued. Mr. Bolduc already has made the repairs or is intending to make them shortly. There is a commitrnent from Mr. Urmann that he will be present for the reinspection. Until that reinspection is passed, the condemnation notices will remain in place. He cannot list the condemnation until he has information saying the building is compliant. The owner has not claimed the orders are wrong. Mr. Bolduc responded not all of the orders are wrong. N1r. Strathman stated progress has been made here in reaching an understanding. Mr. Bolduc has a commitment from Mr. Urmann that he says he wanted. Mr. Bolduc responded he would like someone to meet with him and tell him what he needs to do. He does not want to fix it one way and have the inspectors tell him that he used the wrong material. Mr. Strathman responded the fire inspectors are trained to see violations of the code, but that does not make them tradespersons. They do not want to get in the role of telling owners how to make repairs. Mr. Urmann added they are prohibited by law from doing that. They would like Mr. Bolduc to contact licensed contractors to make the determination under code how to do the zepairs. Mr. Strathman stated it is unfortunate that this has become a personal dispute between the owner and the anspector because she is key to making this successful. Mr. Bolduc responded he found out that the only reason the previous owners agreed to sell the buildings is because Ms. Cummings was coming, and they did not want to deal with her again. He asked Mr. Urmann how many complaints they have received on her. Mr. Sirathman responded that is not under discussion here. Gerry Strathman denied the appeal on all three addresses, but the owner got part of what he came here for. Hopefully when the inspection is done in 3anuary and the building is in compliance, the matter will be over. 138 Maria Avenue (Laid over from 11-20-01) (No one appeared to represent the owner.) Mike Urmann reported that he tried to contact John Sipf, the owner, for a month. Mr. Sipf failed to call him until this morning. Mr. Urmann never got into the building. Gerry St�athxnan denied the appeal. The meeting was adjourned at 2:28 p.m. rrxi ���GI�� ��,� Green Sheet # 113660 couacil File # oa-e1.\ RESOLUTION CITI( OF SAiNT PAUL, MINNESOTA 33 Presented Referred To Committee Date 1 BE I'T RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 18, 2 2001, decisions of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following 3 addresses: 4 Propert�ppealed A pep llant 5 670 Universitv Avenue West Russ Battisto for 666 Univ. Ave. Partnership 6 Decision: Laid over to the January 8, 2002, Properiy Code Enforcement Meeting. 7 1873 Mazshall Avenue John P. Bares 8 Decision: Appeal denied on the Reinspection Certificate of Occupancy With Deficiencies dated October 24, 9 2001. 10 1495 Rose Avenue East Tony Bolduc 11 Decision: Appeal denied on the deficiency list dated November 29, 2001. 12 1501 Rose Avenue East Tony Bolduc 13 Decision: Appeal denied on the deficiency list dated November 29, 2001. 14 1511 Rose Avenue East Tony Bolduc 15 Decision: Appeal denied on the deficiency list dated November 29, 2001. 16 138 Maria Avenue (Laid over from 11-20-01) John W. Sipf 17 Decision: Appeal denied on the Certificate of Occupancy With Deficiencies dated October 24, 2001. aa -a1 1 2 3 4 5 6 7 Blakey Coleman Harris Benanav Reiter Bostrom Lantry Yeas Absent ✓ Requested by Department of: ✓ ✓ ✓ ✓ ✓ ✓ Co O \ 8 Adopted by Council: Date:�� .�ao � 9 10 Adoption Certified by Council Secretary I1 By: "� d. , � _Oa_�_,�--- 12 Ap� 13 Dat 14 By: � Form Approved by City Attorney � Approved by Mayor for Submission to Council f� 2 e � _a.t DEPARTMINT/OFFICElCOUNCIL oni6 wmATED . � c�t coun��� off��es �z—z�—o� GREEN SHEET No 113660 CONTACT PERSON & PIiONE mXiaump NMi�s Gerry Strathman, 266-8560 ,,.,,,,�„�,"„� ,,,,.�,,., MUSi BE ON CIXJNCILAGQ�A BV (DA7� AEIIKM M1�BtFOR anAiioR1EY anCtFRK Rq7T8i6 �� AIR11rJ141.aFRNCFSOR n16tY1�t1.iFRVIACLTG ❑ WYORI�ASSf1l111t) ❑ TOTAL � OF SIGNATURE PAGES (CUP ALL IOCATIONS FOR SIGNATURE) CTION RE�UES7ED Approving the December 18, 2001, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 670 University Avenue West, 1873 Marshall Avenue, 1495 Rose Avenue East, 1501 Rose Avenue East, 1511 Rose Avenue East, and 138 Maria Avenue. RECOMMENDA7iON Approve (A) w Rejeet (R) PERSONAI SERVICE CANiRAGIS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Hss tliis persoMrm everworketl under a contrac[ farfhis departmeM? PtANNING COMMISSION VES NO CIB COMMITTEE 2 Has this pe�sdUfirm ever been a cdy empbyee4 CNILSERVICECOMMISSION vES NO . . 3. Dces this Ge�M� P� a sltill rwt rarmallYP���d bY anY arteM ciry emWoYee? YES NO 4. Ia Gtis pe�soMrm a targefed veMa? YES NO Emlain aU Y� answe�s on separete sheet and attach to 9reen sl�eet INITIATINC PROBLEM ISSUE, OPPORTUNITY (Who, What, When, Wtxxe, Why) ADVANTAGESIFAPPROVED pe „9 py s 6t'�.� .�iP? T?av�''5.��`��'��^�'�'ia� � � G .F � �6 DIS4DVANTAGESIFAPPROVED DISADVANTAGES IF NQT APPROVED ' , ._ . "" TOTAL AMOUNT OF TRANSACTON S COST/itEVEMUE BUDC.Efm (qRCLE ON� YES NO FUNDING SOURCE ACTNITY NUMBER FlNANCV�L INFORMATION (E%P W N) �Z ZI ��. NOTES OF THE PROPERTY CODE ENFORCEMENT MEETR�iG Tuesday, December 18, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 130 p.m. STAFF PRESENT: Bazb C��mmings, Fire Pxevention; Steve Rice, Housing Information Office; Michael Urmann, Fire Prevention 670 University Avenue West Russ Battisto, General Partner at 666 University Avenue Partnership, appeared and stated his concern is the ceiling item that reads "Repair and maintain the ceiling in an approved manner." He took caze of all the items except this one. He was out of the country at the time of the inspection. The ceiling is sheetrock. This is a vacutun cleaner store. It may be a major expense to replace this. Gerry Strathman asked what the basement is used for. Mr. Battisto responded storage of parts. This building and basement have been in the same shape for the 25 yeazs he has been there. Some holes have been opened to run computer wiring, but the actual sheetrock is the same. Mr. Strathxnan asked is it falling down. Mr. Battisto responded not that he is aware o£ The building used to be a bowling alley. The basement is fine structurally. Mike Urmann reported he spoke to the field inspector this morning. He is not asking for a replacement of the ceiling, but repair of water damaged areas that are falling down. He would like those azeas to be removed and repatched with the sheetrock. Mr. Strathman asked how extensive the water damaged azeas area. Mr. Urmann responded he did not ask the inspector. Mr. Battisto responded the people in his office were left the impression it is e�ensive. Mr. Strathman asked Mr. Urmann would he be willing to meet with Mr. Battisto to look at the situation. Mr. Urmann responded yes. Mr. Strathman laid over this matter to the January 8, 2002, Properry Code Enforcement Meeting. The owner can meet with Mr. Urmann, and they can talk about what needs to be done. If Mr. Battisto still has a dispute, he can return on 7anuary 8. If the issue is warked out, he does not haue to return. 1873 Marshall Avenue (He gave Gerry Strathman photographs of his property.) John P. Bares, owner, appeared. He stated the top photo is Unit 4. The egress window in the bedroom is about an inch short for proper square footage; however, there is plenty of space to get oZZ� PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 18, 2001 Page 2 out of ttte window. There is a storm that divides it in half. He spoke to Michael Urmavn about installing a window so that it will be easily exited, entered, and still maintain the azchitecture of the house. Mr. Strathman asked does this idea work for the fire department. Mr. Urmann responded yes. Gerry Strathman denied the appeal because the orders aze correct. Mr. Urmann is prepared to withdraw the order if the owner makes the change. Mr. Urmann stated he will amend the order to allow the change. 1495 Rose Avenue East 1501 Rose Avenue East 1511 Rose Avenue East Tony Bolduc, owner, appeared and stated he is the son of the owner. Neither he nor his mother were notified of the last inspection. His tenants told hnn that Barb Cmiunings was there. The work order was inaccurate. Some of the items on the list were done months ago. The other things are being corrected. People have been hired to do everything on there. Gerry Strathman asked when a11 of this will be completed. Mr. Bolduc responded December 29. His main concem is he does not want tivs bothering his tenants over the holidays. He would like an inspection later this week. Mike Urmann reported this has been going on since June 2000 when Mr. Bolduc and he met in his office. Mr. Bolduc asked for additional time far the violations. Citarions were issued. They were under court order to have compliance done by August 16, 2001. At the time of the reinspection by Barb Cuuimings, the full compliance list was not completed per court order. Fire Prevention moved to take enforcement action and go through condemnation. That is where they are right now. Mr. Urmann offered their services to come to the site to determine if the orders were excessive or incorrect, but Mr. Bolduc failed to call and make the request for Mr. Urmann to be on site. It is past that point now due to the court order for compliance. Mr. Strathman stated the document in front of kum reads the condemnation of the building revokes the certificate of occupancy. He asked is this a condetnnation order. Mr. Urmann responded it is. The certificate of occupancy has been under revocation for almost a year. It should be brought under compliance or vacated by December 29. Mr. Bolduc stated as long as they have owned the buildings it has not had a certaficate of occupancy. Mr. Strathman asked did he consider that a problem. Mr. Bolduc responded he definitely does. A week after they purchased the building, stated Mr. Bolduc, Ms. Cnmmings called to inspect it. Mr. Bolduc requested anyone from their office besides Ms. Cununings to look at the building. Mr. Urmann responded that he could not assign a new inspectar without first being allowed in the building to see the validity of the orders. Since then, he never heard from Mr. Bolduc oZ2,l PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 18, 2001 Page 3 requesting an eatension or a new inspector. He is Ms. Cnmmings supervisor so that would be the logical step for him to take. Caty Royce, Community.Stabilization Project (CSP), appeazed and stated CSP is a tenants advocacy organization. She has worked with tenants regazding Mr. Bolduc's properties for at least six months. She has worked on acquisition issues which includes these three buildings. In May 2001, CSP put a flier out in response to a couple of tenants complaints and at least three water shutoff notices. CSP was prepazed to pay on all three occasions, but Mr. Bolduc did come up with the money. On at least one occasion, the water was actually shut off for the entire building. After the flier, Mr. Bolduc called her office and used foul language to staff and to her. Several tenants have complained about him walking in on them. CSP is exploring a tenants remedies act with District 2 as a potential plantiff that would give an admiuistrator appointed to do the repairs. Mr. Strathman asked when was the last time she was in the building and did she make any observations. Ms. Royce responded she was there two weeks ago. She saw a lot of problems: trash, window issues, security issues. When she served tenants with papers saying they could give her the funds and have someone repair the buildings, Mr. Bolduc asked, did any tenants take her up on that. Ms. Royce responded the tenants are afraid of him. Ms. Cummings stated she talked to the water deparhnent this morning. Fire Prevention posted the building on December 12 for water shutoff on December 21. Mr. Bolduc responded the bill was paid last week. The water was shutoff because the City was repairing the water line. Mr. Bolduc stated he has no problems making repairs. If they have a good elechician, he has no problem working with them. He went to CSP's office to work out an arrangement to get these things done. Ms. Royce would not talk to him, threatened to call the police to have him thrown out of her office, and called him slum lord. He did not use vulgar language with her and did not threaten her in any way. He may have asked her not to contact his tenants because he did not appreciate her doing that. He has a good relationship with his tenants. He does not lrnow who is afraid of him. He talks to his tenants on a regular basis. Since he has these orders, he knocks on the doors unatmounced and asks to enter because this is an urgent matter. He has never used his key to barge into anyone's apartment. Mr. Stratbman stated they should get back to focusing on the purpose of this hearing. The Fire Department issued these orders on November 29, the owner was suppose to correct them, and Fire Prevention was going to reinspect on December 29. They advised Mr. Bolduc that if he has not made these correcfions when they reinspected, the building will be condemned. Mr. Strathman asked will ali corrections be made before December 29. Mr. Bolduc responded that is correct. Also, Jean Birkholz (City Council Offices) just moved out of one of his buildings. She can testify to the state of his buildings and whether his tenants aze afraid of him. The previous owner had a problem with Ms. Cuimnings and somehow was able to get a different inspector to inspect the building. oZZ� PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 18, 2001 Page 4 Mr. Strathmau asked who would be conducting the reinspection on December 29. Mr. Urmann responded it will be after December 29. If he has an opporhxnity to do so, he will attend with the field inspector. Mr. Strathman asked is the situation essentially the same with the other two buildings. Mr. Bolduc responded sevetal inspections ago, every window and screen was fine with the first building. For the second building, Ms. C»mm;ngs found one screen in the hallway that was missing. When he got the new repair orders, all three buildings had to have windows and screens. If he could sign off on one building before going to another, it would be a lot easier. It is not fair when the inspector finds a fault with one building, and then blankets a11 three buildings with that problem. The neighbors parking lot with potholes in the driveway aze not his problem, but Ms. Cumznings insists they aze his. There are other things on the list that are inaccurate. He would like to meet with Mr. Urmann and get some advice on how to correct some of these problems. He asked Ms. Cununiugs and she said it is not her job to tell him how to correct them. Juan P., 1511 Rose Avenue East, tenant, appeazed and stated the building has been very nice. He lives there with his wife, children, and brother-in-law. It is not a problem for him. Mr. Bolduc asked was someone afraid of him. Juan P. responded no. Mr. Bolduc is a nice man. Guadalupe Contreras, 1501 Rose Avenue East, appeazed and stated she has been in the building almost two yeazs. Two years ago, the building was bad. There were roaches and mice. The refrigerator was infested with roaches, and Mr. Bolduc replaced most of the refrigerators. The stoves were so bad that she does not lrnow how the other owner passed inspection. People are moving in and out and things never stay done. Windows and screens were replaced in one apartment and a few days later, a tenanYs boyfriend broke all the windows. Ms. Cummings is rude and mean. Mr. Buldoc has done a lot for these apartments. He has let people live in these apartments up to nine months without paying rent because he felt sorry for them. Mr. Bolduc stated one of the items reads "Toilet missing. Replace toilet immediately." The order sounds like he was allowing his tenants to live there without a toilet. Ms. Cuminings was there while a ring was being replaced at the bottom of the toilet. Mr. Bolduc told her that if she would return in ten minufes, the repair would be done. Also, Ms. Cnmmings told some of the tenants in the building that his mother was in jail and asked what kind of guy he is to have kus mother in jaiL Then, the tenants would ask Ms. Contreras about his mother. When she was at the properry, stated Ms. Cununiug, Ms. Contreras told her that the toilet had been off for a few days. There were no workmen around, and Ms. Cnmmings was not requested to come back. Ms. Contreras responded that was her 12 year old daughter talked to Ms. Cnmmings, and the toilet was only offthat day. Linda Williams, 1511 Rose Avenue East #12, appeazed and stated she is a new tenant in the complex. She is not in the mindsight of being afraid of their landlord. She would not pay rent to OZZ.I PROPERTY CODE ENFORCEMEI�iT NOTES OF DECEMBER 18, 2001 Page 5 someone she is afraid of. When she moved into the property, she needed a new lock and the ceiling needed fixing; they were fixed. She has a nice apartment. IV�. Stratbman asked was the water cut off. Ms. Williams responded the City cut it off once because they aze coustru.cting a new building. Mr. Bolduc has been very lenient and does wbat she asks. Ms. Cuwmings has an attitude of being after him. Ms. Williams told her that he fised the roof, but Ms. C»mming responded it was not painted, and she was violating him anyway. Ms. VJilliams does not know the inspector personally, but whatever Mr. Bolduc and Ms. Cnmmings aze going through is personal. The issue needs to be dealt with so people have somewhere to live. Gerald Poe, 1501 Rose Avenue East #5, appeared and stated Mr. Bolduc brought a list by with a11 the repairs that needed to be done in his apartment. Then he asked was there anythiug else. T'he repairs were done. The unit is fine. Mr. Bolduc responded he brought photographs of Mr. Poe's unit. Mr. Bolduc stated if this hearing was being held in the evening, he would haue more tenants here on his behalf. He met with the tenants and asked them is there anything else to be done in their units. He found things on the deficiency list that Ms. Cummings did not find. Those things are being repaired, too. Mr. Strathman stated he thought he understood Mr. Bolduc to say he would be ready far the reinspection earlier than December 29. Mr. Bolduc responded the floor coverings are purchased. It is a very busy time for people in that business. He is having a hazd tnne getting a professional to install it. His installer inay be able to work on Christmas Eve and Christmas Day if they can get into the tenants homes. Also, he is being asked to install lighring at the bottom of every stairway. He does not understand why the building have never been cited for lighting in previous inspections. Steve Rice, Housing Information Office, reported he has talked to some tenants. There aze people here who are supportive. There are others that echo the senriments of Ms. Royce. It is confusing about which landlord they are talking about. The buildings in their minds have a tradition of not being well maintained. He has not seen anything directly. Mr. Bolduc stated two of the three buildings purchased were rough. They have done a lot to these buildings. A Section 8 inspector checked the buildings a few years ago and commented they had turned azound in the last few yeazs. Mr. Strathman asked will the buildings be in compliance by December 29. Mr. Bolduc responded yes and he would like Mr. Urmann to reinspect before this Friday so the notices can be taken down before the holidays. Mr. Unnaun responded he cannot remove the signs as long as the building is under condemnafion. He was more than willing to come out in June 2000 when this a11 started. They aze at the end of the line by now. vZZ.1 PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 18, 2001 Page 6 Mr. Stratlunan asked would he be willing to walk through the building with Mr. Bolduc and tell ]um wluch azeas aze problemafic. Mr. Urmann responded he cannot say his schedule will allow that before the end of the year. Mr. Strathman stated the City has a responsibility to see that the building is brought into compliance with the codes and becomes appropriate for habitation. He cannot see any basis whereby he would withdraw the orders Ms. Cmnnuugs has issued. Mr. Bolduc already has made the repairs or is intending to make them shortly. There is a commitrnent from Mr. Urmann that he will be present for the reinspection. Until that reinspection is passed, the condemnation notices will remain in place. He cannot list the condemnation until he has information saying the building is compliant. The owner has not claimed the orders are wrong. Mr. Bolduc responded not all of the orders are wrong. N1r. Strathman stated progress has been made here in reaching an understanding. Mr. Bolduc has a commitment from Mr. Urmann that he says he wanted. Mr. Bolduc responded he would like someone to meet with him and tell him what he needs to do. He does not want to fix it one way and have the inspectors tell him that he used the wrong material. Mr. Strathman responded the fire inspectors are trained to see violations of the code, but that does not make them tradespersons. They do not want to get in the role of telling owners how to make repairs. Mr. Urmann added they are prohibited by law from doing that. They would like Mr. Bolduc to contact licensed contractors to make the determination under code how to do the zepairs. Mr. Strathman stated it is unfortunate that this has become a personal dispute between the owner and the anspector because she is key to making this successful. Mr. Bolduc responded he found out that the only reason the previous owners agreed to sell the buildings is because Ms. Cummings was coming, and they did not want to deal with her again. He asked Mr. Urmann how many complaints they have received on her. Mr. Sirathman responded that is not under discussion here. Gerry Strathman denied the appeal on all three addresses, but the owner got part of what he came here for. Hopefully when the inspection is done in 3anuary and the building is in compliance, the matter will be over. 138 Maria Avenue (Laid over from 11-20-01) (No one appeared to represent the owner.) Mike Urmann reported that he tried to contact John Sipf, the owner, for a month. Mr. Sipf failed to call him until this morning. Mr. Urmann never got into the building. Gerry St�athxnan denied the appeal. The meeting was adjourned at 2:28 p.m. rrxi