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02-275���I '`' � � �: � �`�!i i10 Councii File # p� � ,1.�5 Green Sheet # ll3729 Presented Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA �p Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the March 26, 2002, decisions of the Legislarive Hearing Officer on Property Code Enforcement Appeais for the following addresses: 4 Property Ap eu aled Arooellant 5 543 Snelline Avenue South Mazk Misukanis 6 Decision: Appeal granted on the nonconfomung doors on the following conditions: 1) if the nonconforming 7 doors ever need to be replaced, they will be replaced with conforming fue rated door assemblies, 2) the building 8 will otherwise be maintained in compliance with all applicable codes and ordinances. 9 10 555 Wvomine Street East (Laid over from 1-8-02) Carl Schwagmeyer 11 Decision: Appeal denied on the LIEP (License, Inspections, Environmental Protection) letter dated November 29, 12 2001. 13 14 977 Fuller Avenue Cherie Eula Johnson 15 Decision: Laid over to a Special Legislative Hearing on April 30, 2002. 16 580 Snelling Avenue South Edward M. Conley for CCI Properties 17 Decision: Appeal granted on the nonconforming doors on the foilowing conditions: 1) if the nonconforming 18 doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies, 2) the building 19 will otherwise be maintained in compliance with all appiicable codes and ordinances. - �. ,� � � , ,°,� I -. ' �_� ' _� E ti,% i a�., a.. 1 2 3 4 5 6 7 -�� '� : . - __� ��__ ��__ : - , . �__ ��__ : � • �__ �__� —��� Green Sheet 113729 b�-a�'1S Requested by Department o£ � Form Approved by City Attorney : Approved by Mayor for Submission to Council g B Y'— 9 10 Adopted by Council: Date: � f ��.�_c� c7 p�_ 11 12 13 14 15 2 City Council Offices Gerry Stratt�man, 266-8560 TOTAL # OF SIGNATURE PAGES o[..n+�rowecra� anmu1n. ❑ OIYAiiORIEY ❑ fJIYCIFRR _ ❑f�i41CMLfFrtVICEiOYI ❑HYKW.iFRV/ACCfC ❑rnvaRlax�assr� ❑ - (CL1P ALL LOCATIONS FOR SIGNATURE) Approving the March 26, 2002, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals £or the following addresses: 543 Snelling Avenue South, 555 Wyoming Street East, 977 Fu11er Avenue, and 580 Snelling Avenue South. or PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION o�. -�.RS OATE�NRIATW March 27, 2002 GREEN SHEET N� 113729 tAIMB6t iOR RWTING RSONALSERViCE CONTRACIS MUSTANSWER iNE FOLLAWING QUESiSONS: H36 }hi6 PQISOIIRIRtI ¢VM Ntlll(M UMIN 8 COnf2C� fOf a116 AEPaKRIEfII? VES NO Has this pe�swKrm e�er been a aty emPloYeeT Y6 NO ooes uxs ue�soMrm a�� a sau not namwbc�eed br em a,rtent atv emworee� YES NO Is Uus peisoMUm a tarp�etl veMOR YES NO Jain all ves answers on secarate sheet aM attach to areen shret L'OUIiCIf MAR 2 `" 2002 IFAPPROVED OF TRANSACTION S SOURCE COST/REVENUE BUD6EfED (CIRCLE ON� ACTNITY NUMBER YES NO �zZ� s NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, Mazch 26, 2002 Room 330 Coutthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Lany Ackerman, Public Works-Sewer Utility; Joel Essling, Code Enforcement; Kris Kujala, Ramsey County Tas Forfeited Lands; Tom LeClair, LIEP (License, Inspections, Environmental Protection); The meeting was called to order at 133 p.m. 543 Snelling Avenue South Gerry Stratlunan sent a letter to the owner with the following decision: Appeal granted on the nonconforming doors on the following condirions: 1) if the nonconforming doors ever need to be replaced, they will be replaced with confornung fire rated door assemblies, 2) the building will otherwise be maintained in compliance with all applicable codes and ordinances. 555 Wvomin�Street East (Laid over from 1-8-02 and rescheduled from 4-23-02) The following appeared: Carl Schwagmeyer, owner, and Tara Steenblock, both of 555 Wyoming Street East. Ms. Steenbiock stated they haue submitted a petition to the City of Saint Paul. They got five out of six signatures from the neighbars. The house is for sa1e. They have lost two buyers because of this issue. They are waiting for the City to give them a bid in writing to pass Co the buyers. Mr. Strathman asked do they have any estimates as to the amount of the assessment. Ms. Steenbiock responded they just have the verbal estimate from last time, which is about $24,000. She did get an estimate from a contractor for hooking up to a private sewer. Mr. Schwagmeyer added that estimate would be for a lift station to connect to the existing city sewer on Stickney Street. Ms. Steenblock asked if it was acceptable for them to schedule the contractor to come in. They found out that if they paid for a private hookup to the sewer on Stickney and the City did install a sewer in Wyoming Street, they would have to pay that assessment again. Mr. Strathman sutmnarized: For Plan A, the City would put a sewer in Wyoming and the owners would connect to that sewer; Plan B, the owner would connect to the sewer on Sticlmey, but she is concerned that she will later get assessed to a connection on Wyoming. Ms. Steenblock responded that is correct. Lany Ackerxnan reported that his office received a petition about a month ago. They have sent it to Real Estate. At tiris point, he is waiting for numbers. When the numbers are availabie, it goes before the City Council three times. It may be midsuuuner before the work is scheduled or bid. The work would probably not start until the fall. oZ�.�t � PROPERTY CODE ENFORCEMENT NOTE5 OF MARCH 26, 2002 Page 2 It terms of the owner's desire to know the cost to them, asked Mr. Strathman, when would that information be available. Mr. Ackerman responded he cannot give hazd numbers yet. They hope to haue something in the next few weeks. Real Estate does the assessments. As soon as he knows what the assessment will be, he will give Mr. Strathman a call. Mr. Strathman stated once they know the assessment amount, the owner can work with the buyers and tell them when the sewer is coming, how much the assessment will be, and how much the connection to the sewer will be. What they were dealing with initially is an order from the City to connect to the sewer. He asked where that leaues the LIEP office. Mr. LeClair responded this satisfies their needs. If the deal fa11s apart, another letter wiil be inifiated. Gerry Strathman stated he will deny the appeal with respect to the order. The order is correct, reasonable, and there is nothing wrong with it. This denial will not have any impact because Mr. LeClair will not take enforcement action at this point. Mr. LeClair responded that is correct. Mr. Strathman went on to say that the order has done a good thing because there may be a long term solution to the problems in that azea. The City will not take any action against the septic system as long as the solution is neaz. Ms. Steenblock asked is it true about paying double. Mr. Ackerman responded it is set up that way so people do not connect to a sewer other than what is in front of their house. Ms. Steenblock asked will something be sent to her in writing. Mr. Ackerman responded yes. Gerry Strathman denied the appeal with respect to the LIEP letter dated November 29, 2001. 977 Fuller Avenue Richard Hawke, 2345 Rice Street #165, attorney for owner Cherie Eula Johnson, appeared and stated the owner was not able to get off work today. They are not in disagreement about the need for repairs. It is just the timing. Gerry Strathman stated the first item on the notice of condemnation is the lack of an operable hand sink and a lack of operable bathtub. Those aze required in Saint Paul for health reasons. He asked if Mr. Hawke is proposing the client continue to live in the house without these items. Mr. Hawke responded they have installed a sink in the bathroom. She has not addressed the bathtub. If Ms. Johnson was able to afford living elsewhere while the repairs aze being made, he would not be at this hearing. This situation has existed for quite a while. Because of the lack of affordable housing, her family has been putting up with these circuxnstances. They are asking for an eatension of two months. If this is not resolved in rivo months, there will be other problems that will force them out of the property anyway. Once the City is cognizant of situations like this, responded Mr. Strathman, it is difficult to ignore because of potential liability for not taking action to remedy the situation. �Z Z15 PROPERTY CODE ENFORCEMENT NOTES OF MARCH 26, 2002 Page 3 Joel Essling reported the original orders were issued in June 2001. She had installed a water heater. That is the only thing she has corrected. In the orders from June 2001, he specified the house would be condemned if the conditions were not corrected. Due to the items explained in Mr. Hawke's letter--lack of title, ta�c problems--she may not be able to get financing to correct the problems. They have given her nine months to conect the problems, and she has made a good faith effort, but Mr. Essling is not seeing an end in sight, and he is concemed about the liability. Mr. Strathman asked is there a bathtub and a hand sink pxesent. Mr. Bssling responded he did not have informafion about the sink, and he believes there is no shower or bathtub. Mr. Strathman asked about the roof, plumbing, floor, and ceilings listed in the orders. Mr. Essling responded the roof is severely deteriorated. Water is entering the bathroom and tluough the first floor ceiling into the living room and the front porch. It is noticeable from the outside and it is deteriarafing the ceilings on the inside. The leakage is the cause of a11 the other problems. Mr. Sirathman asked what it would take to repair the roof. Mr. Hawke responded Ms. Johnson obtained a bid of $6,400. She also got bids of $18,000 to $19,000 for the interior damage. Mr. Strathxnan asked how optimistic is he about the likelihood of the financing forthcoming. Mr. Hawke responded that Ms. Johnson is working with a mortgage counselor from ACORN. That counselor remains opfimisfic that Ms. Johnson will be able to qualify. The house is in her grandmother's name. The probate hearing is April 23. They have a deed from her brother that he is not interested in the house. Kris Kujala reported her office still has an interest in the property. Ms. Johnson repurchased the property and only has a contract-for-deed interest. She does not have title. She is in cancellation right now and does not have much time. Mr. Strathman asked when things start to happen with respect to her office and the contract-for- deed. Ms. Kujala responded she wiil be sending informarion to the Ramsey County Attorney's Office to start fmal cancellation, which would then run a 60 day clock on April 1. Mr. Strathxnan stated some of these items can be overiooked, but he is having a hard time looking past the lack of basic hygienic facilities. He asked is there anyfliing that can be done to ensure the washing and bathing facilities are operative or is there a way she can get a grant, loan, or gift to make sure she has the facilities for basic hygiene. Mr. Hawke responded he is not awaze of any current programs. The house is not in Ms. Johnson's name yet. She has made other arrangements for hygiene purposes. She came up with the money to install a hot water heater, stated Mr. Hawke, although he cannot vouch for the venting. She purchased a sink so there is hot and cold water in the bathroom as well as the kitchen. He hasn't inspected the property himself, stated Mr. Hawke. There are some plumbing problems. c�zZ�►� PROPERTY CODE ENFORCEMENT NOTES OF MARCH 26, 2002 Page 4 Mr. Strathman stated he would like to see if this transaction with the courts will proceed successfully and if they aze able to make their obligation with Rainsey County. The answer to those questions should be cleaz within a month. He asked for Mr. Essling's assessment of the level of risk that the City might be assuming if t�is situation continues for 30 days. Mr. Essling responded if the sink is in place, it is just a matter of not ha�ing a bathing facility. They were living in this house without a sink, bathiug facilities, and hot water since 1997. Gerry Strathman laid over this matter to a Special Properiy Code Enforcement meeting of April 30, 2002. He requested that Mr. Essling do an inspection of the property before the Apri130 meeting. 580 Snelling Avenue South Gerry Strathman sent a letter to the owner with the following decision: Appeal a anted on the nonconforming doors on the following conditions: 1) if the nonconfornung 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 2:08 p.m. � ���I '`' � � �: � �`�!i i10 Councii File # p� � ,1.�5 Green Sheet # ll3729 Presented Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA �p Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the March 26, 2002, decisions of the Legislarive Hearing Officer on Property Code Enforcement Appeais for the following addresses: 4 Property Ap eu aled Arooellant 5 543 Snelline Avenue South Mazk Misukanis 6 Decision: Appeal granted on the nonconfomung doors on the following conditions: 1) if the nonconforming 7 doors ever need to be replaced, they will be replaced with conforming fue rated door assemblies, 2) the building 8 will otherwise be maintained in compliance with all applicable codes and ordinances. 9 10 555 Wvomine Street East (Laid over from 1-8-02) Carl Schwagmeyer 11 Decision: Appeal denied on the LIEP (License, Inspections, Environmental Protection) letter dated November 29, 12 2001. 13 14 977 Fuller Avenue Cherie Eula Johnson 15 Decision: Laid over to a Special Legislative Hearing on April 30, 2002. 16 580 Snelling Avenue South Edward M. Conley for CCI Properties 17 Decision: Appeal granted on the nonconforming doors on the foilowing conditions: 1) if the nonconforming 18 doors ever need to be replaced, they will be replaced with conforming fire rated door assemblies, 2) the building 19 will otherwise be maintained in compliance with all appiicable codes and ordinances. - �. ,� � � , ,°,� I -. ' �_� ' _� E ti,% i a�., a.. 1 2 3 4 5 6 7 -�� '� : . - __� ��__ ��__ : - , . �__ ��__ : � • �__ �__� —��� Green Sheet 113729 b�-a�'1S Requested by Department o£ � Form Approved by City Attorney : Approved by Mayor for Submission to Council g B Y'— 9 10 Adopted by Council: Date: � f ��.�_c� c7 p�_ 11 12 13 14 15 2 City Council Offices Gerry Stratt�man, 266-8560 TOTAL # OF SIGNATURE PAGES o[..n+�rowecra� anmu1n. ❑ OIYAiiORIEY ❑ fJIYCIFRR _ ❑f�i41CMLfFrtVICEiOYI ❑HYKW.iFRV/ACCfC ❑rnvaRlax�assr� ❑ - (CL1P ALL LOCATIONS FOR SIGNATURE) Approving the March 26, 2002, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals £or the following addresses: 543 Snelling Avenue South, 555 Wyoming Street East, 977 Fu11er Avenue, and 580 Snelling Avenue South. or PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION o�. -�.RS OATE�NRIATW March 27, 2002 GREEN SHEET N� 113729 tAIMB6t iOR RWTING RSONALSERViCE CONTRACIS MUSTANSWER iNE FOLLAWING QUESiSONS: H36 }hi6 PQISOIIRIRtI ¢VM Ntlll(M UMIN 8 COnf2C� fOf a116 AEPaKRIEfII? VES NO Has this pe�swKrm e�er been a aty emPloYeeT Y6 NO ooes uxs ue�soMrm a�� a sau not namwbc�eed br em a,rtent atv emworee� YES NO Is Uus peisoMUm a tarp�etl veMOR YES NO Jain all ves answers on secarate sheet aM attach to areen shret L'OUIiCIf MAR 2 `" 2002 IFAPPROVED OF TRANSACTION S SOURCE COST/REVENUE BUD6EfED (CIRCLE ON� ACTNITY NUMBER YES NO �zZ� s NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, Mazch 26, 2002 Room 330 Coutthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Lany Ackerman, Public Works-Sewer Utility; Joel Essling, Code Enforcement; Kris Kujala, Ramsey County Tas Forfeited Lands; Tom LeClair, LIEP (License, Inspections, Environmental Protection); The meeting was called to order at 133 p.m. 543 Snelling Avenue South Gerry Stratlunan sent a letter to the owner with the following decision: Appeal granted on the nonconforming doors on the following condirions: 1) if the nonconforming doors ever need to be replaced, they will be replaced with confornung fire rated door assemblies, 2) the building will otherwise be maintained in compliance with all applicable codes and ordinances. 555 Wvomin�Street East (Laid over from 1-8-02 and rescheduled from 4-23-02) The following appeared: Carl Schwagmeyer, owner, and Tara Steenblock, both of 555 Wyoming Street East. Ms. Steenbiock stated they haue submitted a petition to the City of Saint Paul. They got five out of six signatures from the neighbars. The house is for sa1e. They have lost two buyers because of this issue. They are waiting for the City to give them a bid in writing to pass Co the buyers. Mr. Strathman asked do they have any estimates as to the amount of the assessment. Ms. Steenbiock responded they just have the verbal estimate from last time, which is about $24,000. She did get an estimate from a contractor for hooking up to a private sewer. Mr. Schwagmeyer added that estimate would be for a lift station to connect to the existing city sewer on Stickney Street. Ms. Steenblock asked if it was acceptable for them to schedule the contractor to come in. They found out that if they paid for a private hookup to the sewer on Stickney and the City did install a sewer in Wyoming Street, they would have to pay that assessment again. Mr. Strathman sutmnarized: For Plan A, the City would put a sewer in Wyoming and the owners would connect to that sewer; Plan B, the owner would connect to the sewer on Sticlmey, but she is concerned that she will later get assessed to a connection on Wyoming. Ms. Steenblock responded that is correct. Lany Ackerxnan reported that his office received a petition about a month ago. They have sent it to Real Estate. At tiris point, he is waiting for numbers. When the numbers are availabie, it goes before the City Council three times. It may be midsuuuner before the work is scheduled or bid. The work would probably not start until the fall. oZ�.�t � PROPERTY CODE ENFORCEMENT NOTE5 OF MARCH 26, 2002 Page 2 It terms of the owner's desire to know the cost to them, asked Mr. Strathman, when would that information be available. Mr. Ackerman responded he cannot give hazd numbers yet. They hope to haue something in the next few weeks. Real Estate does the assessments. As soon as he knows what the assessment will be, he will give Mr. Strathman a call. Mr. Strathman stated once they know the assessment amount, the owner can work with the buyers and tell them when the sewer is coming, how much the assessment will be, and how much the connection to the sewer will be. What they were dealing with initially is an order from the City to connect to the sewer. He asked where that leaues the LIEP office. Mr. LeClair responded this satisfies their needs. If the deal fa11s apart, another letter wiil be inifiated. Gerry Strathman stated he will deny the appeal with respect to the order. The order is correct, reasonable, and there is nothing wrong with it. This denial will not have any impact because Mr. LeClair will not take enforcement action at this point. Mr. LeClair responded that is correct. Mr. Strathman went on to say that the order has done a good thing because there may be a long term solution to the problems in that azea. The City will not take any action against the septic system as long as the solution is neaz. Ms. Steenblock asked is it true about paying double. Mr. Ackerman responded it is set up that way so people do not connect to a sewer other than what is in front of their house. Ms. Steenblock asked will something be sent to her in writing. Mr. Ackerman responded yes. Gerry Strathman denied the appeal with respect to the LIEP letter dated November 29, 2001. 977 Fuller Avenue Richard Hawke, 2345 Rice Street #165, attorney for owner Cherie Eula Johnson, appeared and stated the owner was not able to get off work today. They are not in disagreement about the need for repairs. It is just the timing. Gerry Strathman stated the first item on the notice of condemnation is the lack of an operable hand sink and a lack of operable bathtub. Those aze required in Saint Paul for health reasons. He asked if Mr. Hawke is proposing the client continue to live in the house without these items. Mr. Hawke responded they have installed a sink in the bathroom. She has not addressed the bathtub. If Ms. Johnson was able to afford living elsewhere while the repairs aze being made, he would not be at this hearing. This situation has existed for quite a while. Because of the lack of affordable housing, her family has been putting up with these circuxnstances. They are asking for an eatension of two months. If this is not resolved in rivo months, there will be other problems that will force them out of the property anyway. Once the City is cognizant of situations like this, responded Mr. Strathman, it is difficult to ignore because of potential liability for not taking action to remedy the situation. �Z Z15 PROPERTY CODE ENFORCEMENT NOTES OF MARCH 26, 2002 Page 3 Joel Essling reported the original orders were issued in June 2001. She had installed a water heater. That is the only thing she has corrected. In the orders from June 2001, he specified the house would be condemned if the conditions were not corrected. Due to the items explained in Mr. Hawke's letter--lack of title, ta�c problems--she may not be able to get financing to correct the problems. They have given her nine months to conect the problems, and she has made a good faith effort, but Mr. Essling is not seeing an end in sight, and he is concemed about the liability. Mr. Strathman asked is there a bathtub and a hand sink pxesent. Mr. Bssling responded he did not have informafion about the sink, and he believes there is no shower or bathtub. Mr. Strathman asked about the roof, plumbing, floor, and ceilings listed in the orders. Mr. Essling responded the roof is severely deteriorated. Water is entering the bathroom and tluough the first floor ceiling into the living room and the front porch. It is noticeable from the outside and it is deteriarafing the ceilings on the inside. The leakage is the cause of a11 the other problems. Mr. Sirathman asked what it would take to repair the roof. Mr. Hawke responded Ms. Johnson obtained a bid of $6,400. She also got bids of $18,000 to $19,000 for the interior damage. Mr. Strathxnan asked how optimistic is he about the likelihood of the financing forthcoming. Mr. Hawke responded that Ms. Johnson is working with a mortgage counselor from ACORN. That counselor remains opfimisfic that Ms. Johnson will be able to qualify. The house is in her grandmother's name. The probate hearing is April 23. They have a deed from her brother that he is not interested in the house. Kris Kujala reported her office still has an interest in the property. Ms. Johnson repurchased the property and only has a contract-for-deed interest. She does not have title. She is in cancellation right now and does not have much time. Mr. Strathman asked when things start to happen with respect to her office and the contract-for- deed. Ms. Kujala responded she wiil be sending informarion to the Ramsey County Attorney's Office to start fmal cancellation, which would then run a 60 day clock on April 1. Mr. Strathxnan stated some of these items can be overiooked, but he is having a hard time looking past the lack of basic hygienic facilities. He asked is there anyfliing that can be done to ensure the washing and bathing facilities are operative or is there a way she can get a grant, loan, or gift to make sure she has the facilities for basic hygiene. Mr. Hawke responded he is not awaze of any current programs. The house is not in Ms. Johnson's name yet. She has made other arrangements for hygiene purposes. She came up with the money to install a hot water heater, stated Mr. Hawke, although he cannot vouch for the venting. She purchased a sink so there is hot and cold water in the bathroom as well as the kitchen. He hasn't inspected the property himself, stated Mr. Hawke. There are some plumbing problems. c�zZ�►� PROPERTY CODE ENFORCEMENT NOTES OF MARCH 26, 2002 Page 4 Mr. Strathman stated he would like to see if this transaction with the courts will proceed successfully and if they aze able to make their obligation with Rainsey County. The answer to those questions should be cleaz within a month. He asked for Mr. Essling's assessment of the level of risk that the City might be assuming if t�is situation continues for 30 days. Mr. Essling responded if the sink is in place, it is just a matter of not ha�ing a bathing facility. They were living in this house without a sink, bathiug facilities, and hot water since 1997. Gerry Strathman laid over this matter to a Special Properiy Code Enforcement meeting of April 30, 2002. He requested that Mr. Essling do an inspection of the property before the Apri130 meeting. 580 Snelling Avenue South Gerry Strathman sent a letter to the owner with the following decision: Appeal a anted on the nonconforming doors on the following conditions: 1) if the nonconfornung 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 2:08 p.m. �