03-1034City of St. Paul ��
RESOLUTION RATIFYING ASSHSSMENT
�/�/. ��, ��d.3
COUNC L FILE N0. 1U3�
By
File No. SEE BELOW
Assessment No. SEE BELOW
Voting
Ward In the matter of the assessment of benefits, cost and expenses for
3U
J0305A1 (9956) Summary abatements (property clean-up) during the
month of June 2003 for 805 Agate St. and 543�He�S
9�• C�Za��ar�c� ��l2 C
J0303C1
(9962)
Demolition of vacant building during the month of
July 2003 for property at 486 Carroll Ave.
J0302V1
(9964)
Towing of abandoned vehicles from private property
during November and December 2002 for property at
408 Banfil St.
LAID OVER BY COUNCIL ON 10-22-03 to 11-19-03
A public hearing having been had upon the assessment for the above
improvement, and said assessment having been further considered by the Council, and
having been considered finally satisfactory, therefore, be it
RESOLVED, That the said assessment be and the same is hereby in all respects
ratified.
RSSOLVED FURTHER, That the said assessment be and it is hereby determined
to be payable in One equal installments. Except file J0303C1 to be payable in Ten
equal installments.
COUNCILPERSON
Yeas Nays
�/ Benanav
��S Blakey
,/ Bostrom
� Coleman
/a�;�f- Harris
,/ Lantry
D�i fi�
✓ �G/G ti✓
SIn Favor
D Against
� i%6SP�rt
Adopted by the Council
Date fyy / %. �?4d.s�
Certified Passes by Council Secretary
�3- /03 S(
November 19, 2003, City Council Action Minutes Page 6
29. Resolution - 03-1033 - Approvittg the petirion of John Radabaugh, Joe's Bait
Shop, to vacate part of Blocks 1 and 4, Butterfield Syndicate No. 2, part of an
adjacent alley and part of vacated Stinson Street, for pazking space.
Adopted Yeas - 5 Nays - 0
� 30. Resolution Rafifying Assessment - 03-1034 - In the matter of the assessment of
benefits, cost and expenses for property clean-up, during the month of June, 2003,
demolition of vacant building during the month of July, 2003 and towing of
abandoned vehicies from private property during November and December, 2002.
(Laid over from October 22) (Legislative Hearing Officer recommends the
following:
805 Asate Street (J0305A1) - approval of the assessment;
543 Marvland Avenue East (J0305A1) - approval of the assessment;
486 Carroll Avenue (J0303C1) - spreading the assessment over a five-year
period;
408 Barefil Street (J0302V1) - approval of the assessment)
Adopted as amended (per the recommendation of the Legislative Hearing
Officer) Yeas - 5 Nays - 0
31. Resolution Ratifying Assessment - 03-1035 - In the matter of the assessment of
benefits, cost and expenses for Summary Abatements ( property clean-up) during
the month of July, 2003, for property at 686 Sims Avenue (J0306A2) (Laid over
from October 22) (Legislative Hearing Officer recommends approval )
Adopted Yeas - 5 Nays - 0
32. Appeal of Kelly Brisson to a Norice of Condemnation and Order to Vacate
property at 297 Burgess Street. (I,egislative Hearing Officer recommends
denying the appeal)
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
33. Appeal of Albert Gustafson to a Notice of Condemnation and Order to vacate
property at 291 Ravow� Street #6. (Legislative Aearing Officer recommends
granting the appeal and allowing the occupant to remain at the property)
Laid over to December 3(per the recommendation of the Legislafive Heari�g
Officer) Yeas - 5 Nays - 0
03- lo3�k
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
♦ fI-IQ-a3
� 1 EJ9RIN
DepartmenUoffice/council: Date Initiated:
7E - Technotogy and Managemrnt Serv 04-NOV-03 G reen Sheet N O: 3007398
ConWd Person 8 Phone:
Bruce Engeibrekt
266-8854
Must Be on Council Agenda by (Date):
Total # of Signature Pages
�
Assign
Number
For
Routing
Order
Deoar6nent SentTo Person
0 echool andMana ementS BruceEn elbrekt
1 ouncil hlarv Ericksan
(Clip All Lowtions for Signature)
Action Requested:
Th se i e�ve�re laid over on 10-22-03 to 11-19-03 public hearing, Siumnary abatements during June 2003 for 805 Agate St. and 543
molition of vacant bldgs. during July 2003 for 486 Carroll Ave. and Towing aband vehicles during Nov. & Dec. 2002 at
408 Banfil St.
Recommendations: Approve (A) or
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/frm ever worked under a contract for this departmenY?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Property owners or renters create a health hazard at various times throughout the Ciry of Saint Paul when theu property is not kept up.
The City is required by Ciry code to clean up the property and charge the property owner for the wst of the clean up.
AdvanWqes If Approved:
Cost recovery programs to recover expenses for
garbage hauling and boazdings-up.
Disadvantapes If Approved:
None
� � �� � �
�� N � �
Disadvantapes If Not Approved: -
If Council does not approve these charges, general fund would be required to pay the assessment.
V � a Trensaction: � 981 . 45
Fundinp Source:
Must Answer the Followvlg Questlons:
summary abatements, grass cutting, towing of abandoned vehicles, demolirions,
�:,�iai,is �t'�i�'s. , _,�. u<,-,'aP
CosURevenue Budgeted:
ActiviN Number:
Fi nancial I nformation:
(expiain) 4 property owners will be notified of the public hearing and charges.
City of St. Paul
Real Estate Division
Dept. of Technology & Management Serv.
RSPORT OF COMPLETION OF ASSESSMENT
COUNCIL FILE NO.
Fi1e No. SEE BELOW
Assessment No. SEE BELOW
�3- �o�-t
Voting
Ward In the matter of the assessment of benefits, cost and expenses for
J0305A1 (9956) Summary abatements (property clean-up) during the
month of June 2003 for 805 Agate St. and 543 He�
8{.: N. '�\ar��Q.� ��f2- �
J0303C1
J0302V1
(9962)
(9964)
Demolition of vacant building during the month of
July 2003 for property at 486 Carroll Ave.
Towing of abandoned vehicles from private property
during November and December 2002 for property at
408 Banfil St.
LAID OVER BY COUNCIL ON 10-22-03 TO 11-19-03
To the Council of the City of St. Paul
The Valuation and Assessment Engineer hereby reports to the Council the
following as a statement of the expenditures necessarily incurred for and in
connection with the making of the above improvement, viz:
Total costs
Charge-Code Enforcement
Abatement Service Charge
TOTAL EXPENDITURES
Charge To
Net Assessment
$1,801.45
$ 100.00
$ 80.00
$1,981.45
$1,981.45
Said Valuation and Assessment Engineer further reports that he has assessed and
levied the total amount as above ascertained, to-wit: the sum of $1,981.45 upon
each and every lot, part or parcel of land deemed benefitted by the said improvement,
and in the case of each lot, part or parcel of land in accordance with the benefits
conferred thereon; that the said assessment has been completed, and that hereto
attached, identified by the signature of the said Valuation and Assessment Engineer,
and made a part hereof, is the said assessment as completed by him, and which is
herewith submitted to the Council for such action thereon as may be considered
proper. /�
Dated �!'y'�J� i'�"""� �����
'{�✓� Valuation nd Assessment Engineer
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REPORT
Date: October 30, 2003
Time: 10:00 a.m. and 130 p.m. _-
Place: Room 330 City Hall
15 West Keilogg Boulevazd
LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS,
SUMMARY ABATEMENT ORDERS, AND ABATEMENT ASSESSMENTS
Marcia Moermond
Legislative Hearing Officer
1� 1. J0302V Towing of abandoned vehicles during November or December 2002 at 408 Banfil
Street
J0305A Property clean-up during May or June 2003 at 543 Marvland Avenue East
J0305A Property clean-up during May or June 2003 at 805 A�ate Street
(Laid over from 10-14-03)
408 Banfil Street
Legisiative Hearing Officer recommends approval of the assessment
543 Marvland Avenue East
Legislative Hearing Officer recommends approval of the assessment.
805 Apate Street
I,egislative Hearing Officer recommends approval of the assessment.
2. J0306A Property clean-up during July 2003 at 686 Sims Avenue.
(Laid over from 10-14-03)
I,egislative Hearing Officer recommends approval of the assessment.
3. J0305A Property clean-up during May or June 2003 at 349 Rose Avenue East.
(Note: this property has already been ratified by the City Council.)
Legislafive Hearing Officer recommends reducing the assessment from $300 to $155 plus the $45
administrative fees for a total assessment of $200.
4. J0305A Property clean-up during May or June 2003 at 1023 Fremont Avenue.
(Note: this property has already been ratified by the City Council.)
L,egislative Hearing Officer recommends approval of the assessment.
5. Appeal of Notice of Condemnation and Order to Vacate at 291 Ravoux Street #6.
Legislative Heazing Officer recommends granting the appeal on the Notice of Condemnation and
Order to Vacate dated September 30, 2003, and allowing the occupant to remain at the property.
p3- to3'�
REPORT
Date: October 29, 2003
Time: 930 a.m.
Place: Room 330 City Hali
15 West Kellogg Boulevazd
LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS,
SUMMARY ABATEMENT ORDERS, AND ABATEMENT ASSESSMENTS
Marcia Moermond
Legislative Hearing Officer
J0303C Demolition of vacant building at 486 Carroll Avenue.
(City Council refened this address back to the Legislative Hearing Officer at their 10-22-03 meeting.)
Legislative Heazing Officer recommends spreading the assessment over a five-year period.
b3- �63�
IvIINI.JTES OF THE SPECIAL LEGISLATIVE HEARING
486 CARROLL AVENIJE
Wednesday, October 29, 2003
Room 330 Courthouse
Marcia Moermond, Legislarive Hearing Officer
The hearing was called to order at 9:32 a.m.
STAFF PRESENT: (None)
J03030 Appeal of vacant building demolifion at 486 Carroll Avenue.
(Laid over from 10-14-03)
The following appeared: Zenobia Carter, owner, and Marlene Hawkins, 488 Carroll Avenue,
friend of owner.
Marcia Moermond stated it appeazs there was a fire in the garage, and the owner is appealing the
cost of the demolition. The City did demolish the garage and incurred the cost. There are two
options to help deal with this: 1) the City can divide the assessment over a five-year time period
so that it is not so much of a financial hardship, 2) the City can defer it indefinitely based on the
owner's disability. It will be deferred until the property is sold and interest will accrue. Right
now, the interest is 4.75%, which is less than the market. The assessment will not be due until
the properiy is sold. To defer the payxnent, the owner will have to fill out a form saying she is
disabled.
Ms. Carter asked does she have to sell the house. Ms. Moermond responded no. It will be an
assessment for $799. She can do the payment option or pay it all at once as part of the property
taxes.
Ms. Carter stated she does not have the money.
Marlene Hawkins stated the best situation is to pay the $200 yearly. Ms. Moermond added that
the owner can go to the Real Estate Office and discuss payment options. A five-year period will
still have interest.
Ms. Moermond stated she will recommend that the assessment be paid over a five-year period.
Ms. Carter can go to the Real Estate Office, and they can explain how this will work. The
Council will adopt the assessment at its next public hearing. The owner will get a bill in the
mail, pay it, or pay part of it. If the owner changes her mind and would like to defer payment,
that can still be done over the next couple of days.
The hearing was adjourned at approximately 9:40 a.m.
���"1
��30
03-�0��
MIl�iUTES OF THE LEGISLATIVE HEARING
ORDERS TO REMOVE/REPAII2, CONDEMNATIONS,
SUMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS
Tuesday, October 30, 2003
Room 330 City Hall, 15 West Kellogg Boulevard
Marcia Moermond, Legislarive Hearing Officer
The hearing was called to order at 10:01 am.
STAFF PRESENT: Harold Robinson, Code Enforcement
Marcia Moermond explained that she will be developing recommendation far approval by the
City Council. All of these issues this morning will be on the City Council Public Hearing agenda
for November 19, 530 p.m.
J0302V Towing of abandoned vehicles during November or December 2002 at 408
Banfil Street.
(Laid over from 10-14-03)
Marcia Moermond explained that this is about a vehicle that was towed off the property, and this
assessment is for the cost of the towing and storage at the Police Impound Lot.
Christopher Kearney, P.O. Box 17400, Minneapolis, 55417, appeared and stated he did not know
the car had been towed. It was on his mother's property, and she got a notice that the car did not
have current tabs. It was a lack of communication on his part. The City did tow the caz. He is
not disputing anything. He does not know where to go from here. His mother told him the
hearing is today because it is his caz and his responsibility to come. He did not know this hearing
was an appeal. He is flabbergasted about the cost. Ms. Moermond responded the police have to
store the vehicle for two weeks by state law, which is why the cost is so high.
Ms. Moermond asked will he be paying the assessment. Mr. Kearney responded yes.
Ms. Moermond explained that he will receive a bi1L If it is paid, it will not show up on the
property t�es. If it is not paid, it just rolls onto the property t�es as an assessment. That can be
paid in installments or all at once. She can offer to have it paid over five years. Mr. Kearney
responded that he cannot pay it all at once, but five years is a long time.
Ms. Moermond recommends approval of the assessment. Arrangements can be made with the
Rea1 Estate Office to pay the assessment over a year.
J0306A Property clean-up during July 2003 at 686 Sims Avenue.
(Laid over from 10-14-03)
(No one appeared.)
� � o3�k
LEGISLATIVE HEAI2INGS MINUTES FOR OCTOBER 30, 2003 Page 2
Marcia Moerxnond recommends approval of the assessment.
(Note: the owner called later and requested to be heard at the November 10 Legislative Hearing,
but Ms. Moermond's recommendation stayed the same.)
J0305A Property clean-up during May or June 2003 at the following addresses:
543 Marvland Avenue East,
805 Agate Street.
(Laid over from 10-14-03)
543 Maryland Avenue East
Pao Yang, owner, address of 652 Lafond Avenue, appeared and stated his father-in-law recentiy
bought this properiy and closed on August 6, 2003. The seller is the estate of Suzanne L. James.
(Mr. Yang gave Ms. Moermond a copy ofthe purchase agreement.}
From looking at the purchase agreement, Ms. Moermond stated, the properiy was purchased from
the Suzanne James Estate. Regarding this assessment, it looks like the City ordered it to be
cleaned up at the end of May. Normally, there would be a search by the title company for any
pending assessments on the property. Something like this would show up. Then, it would get
paid off in the process of transferring title from the estate to the family.
Mr. Yang stated he contacted the title company that did the closing. They said they did a seazch
but the levy had not been pulled from the properry. At the cleanup, the estate of Suzanne James
still owned the property. Ms. Moermond responded this is a private matter between Mr. Yang
and the estate of Suzanne James.
(A videotape was shown.)
Ms. Moermond stated this was a big mess that the City cleaned up before Mr. Yang's family
closed on the property. Clearly, Mr. Yang is not morally responsible for the cleanup as he did
not assume title until August, and this cleanup happened almost two months earlier. The citizens
of Saint Paul aze not responsible for it either. Ms. Moermond would like to see him work on the
estate of Suzanne James to reimburse for the cost of the assessment. The City's claim is against
the properry owner. Harold Robinson added that Suzanne James' estate was the property owner
at the time of the abatement. If it was not found in the title search, the City cannot be responsible
for that. The inspector laiew there was a problem with ownership. There was a sell sign on flie
property. The inspector left a card in the gate and phoned the realtor and explained a work order
was being sent to cut the grass. The realtor did nothing about it. The inspector could not have
done much more.
�3 `U�
LEGISLATIVE HEf1RINGS MINiJTES FOR OCTOBER 30, 2003 Page 3
Ms. Moermond recommends approval of the assessment. Code Enforcement can provide
information about the notices that were sent and information about calls that were made to the
previous owner. A copy of the videotape can also be provided.
805 Aeate Street
Joy Agbara, owner, address of P.O. Box 182, Cottage Grove, 55016, appeazed and stated the
tenant was moving out and left things on the yard. Ms. Agbara sent them a letter that they had
something to move. They said they got a copy of the letter. The trash people were supposed to
pick up the things in the yard. Then, Ms. Agbaza received a letter from the City that they cleaned
it up. She would like to laiow what l�appened.
Marcia Moermond stated the work order was for discarded household items, paint cans, refuse,
and tires on and under the front porch. That is how it was when looked at by the inspectors on
May 27.
(A videotape was shown.)
Ms. Moermond stated the City did the cleanup on June 17; the orders were issued on May 27.
There were trees, trash, and tires in the bushes. Ms. Agbara responded there was one tire. She
left the branches in back of the house. The branches were from her neighbors. They cut the
branches and threw it into her yard. She bought the house from the City. She told the neighbors
that they may have to get a surveyor to see if the trees are hers or theirs.
It sounds like dumping if the neighbor ttu�ew branches into her yard, said Ms. Moermond.
Ms. Agbara stated she removed the tire and shrubbery in the backyard. It was a different tire on
the videotape. Every week she cuts the grass.
When looking at the suumiary abatement history, Ms. Moermond stated, there have been several
summary abatements, orders, and citations over the past year. Ms. Agbaza responded not really.
When she called the inspector and asked him why he was always on her properiy, the inspector
said the neighbors call. Ms. Agbara left a chair on the porch. The pictures she has shows that
some of the neighbors have bikes and chairs on their porches. When she tried to talk to the
inspector, he got mad and said she still has to do it. She does not know why he is picking on her.
Ms. Moermond stated it sounds like her neighbors are calling in because they see things on her
properiy. Ms. Moermond asked if the property is a registered vacant building and how long it
has been vacant. Mr. Robinson responded it was a registered vacant building a long time ago.
Ms. Agbaza responded she bought it in 1997 and no one was living there unti12000. People
moved out in February and she got someone else. When they moved out, she tired to clean out
all their things. They left some things outside. She heard that an older man is calling the City on
some people. Ms. Moermond responded it is the City's responsibility to see if there is a
C�� �o��
LEGISLATIVE HEARINGS MINUTES FOR OCTOBER 30, 2003 Page 4
violation. The inspector can look at a violation down the street, but if they have a lot of
appointments that day, they will only look at the property that they got the phone call on. The
owner can ca11 the CiTy about other problems she sees. That doesn't change the fact that there
was a code violation on her properiy. She may not have dumped the tires in the backyazd, but the
tires were there, and the City cleaned it up as well as the shrubbery in the yazd. The owner has
received abatement orders in the past. Ms. Agbaza responded the only information she received
was the one to do something by September 21. She is not sure. Mr. Robinson added that the
videotape had a date on it. A summary abatement was done prior to this one on May 23, another
one on June 20, and on September 21. The last one was taken caze of by the owner. Under the
new rules, there will be a citation issued for these violations.
Ms. Moermond stated in the past several months, the City has written sumuiary abatement orders
three times. Two of those times, the City did the clean, and once the owner did the cleanup.
Ms. Agbaza stated the City did not do any cleaning up.
Ms. Moermond asked to look at the Suimnary Abatement Order issued on May 27.
(Ms. Moermond viewed the order.)
Ms. Moermond recommends approval of the assessment. The owner is responsible for
maintaining the property and it does not appear she has been maintaining it well. She got the
notice to do the cleanup on the yard and the porch. Ms. Moermond is concerned that there is
dumping going on in the yard. There are people the owner can call to help with that problem.
(The owner was given a handbook called "Neighborhood Nuisances.")
J0305A Property clean-up during May or June 2003 at 349 Rose Avenue East.
(Note: this properiy has already been ratified by the City Council.)
The following appeared: Xou Yang, owner, and Judy Noue Yang, owner's daughter.
Marcia Moermond stated this was an assessment for a summary abatement conducted for
property cleanup.
Harold Robinson reported the Suumiary Abatement Order was issued on May 30, 2003, and sent
to the property in the owner's name. The mail was not returned to Code Enforcement. The
property was rechecked on June 9, 2003, and the appliance and appliance parts were not
removed. The work order was sent on June 10, and the work was done by the Parks Deparhnent
on June 18 for $225 plus $30 for the appliance, plus the administrative costs for a total
assessment of $300.
Ms. Yang stated Code Enforcement was supposed to come out on June 16. Her parents do not
speak English and her dad did not live with them at the time. The order said the grass was at
��-�03`�
LEGISLATIVE HEARINGS MINUTES FOR OCTOBER 30, 2003 Page 5
least eight inches tall. Ms. Yang's brother lives with them and works at night. There is no one to
mow the lawn everyday, and there are times when the grass gets long. There was rubbish. They
collect cans, and they always have. They live differently than you would live, said Ms. Yang.
She called Code Enforcement and talked to a lady who told her there was rubbish at the properry.
She told this person that what may be rubbish to them is not mbbish to her family. They told her
to talk to the inspector. He said they were supposed to come out on June 15, but they were not
going to be able to make it that day. He said he would give them another two weeks, and then
they would come back. Her brother has two cars. The family removed them because the cazs
were not on cement. Ms. Yang's mom has a washer outside that she was going to keep. She was
going to have that cover for the gas stove to have a little stove on the porch. If it was sitting in
the front yard, Ms. Yang believes that would have violated the City's code or something.
Because it is in the backyard, that is different. Her mom also gardens in the back. It may look
like trash, but vegetables are growing.
Mr. Robinson stated they are clearly talking about two different things. The appliance was
removed after the notice was sent. The vehicles and the grass were rectified by the owners and
there was no action taken.
Ms. Yang stated there should have been a phone call. She was not informed about her yard being
videotaped. They could have easily knocked on the door and said items were going to be taken.
(A videotape was shown.)
Ms. Yang stated the wheelbarrow was not taken and that is rubbish. If the City is going to charge
$300, they should haue taken that, too. Mr. Robinson responded it may not have been there
when the original inspection was done. They cannot taken something that is not on the work
order.
Ms. Moermond stated she would like to look at the actual order that was sent to him.
(Ms. Moermond and Ms. Yang looked at the Suuunary Abatement Order.)
Ms. Yang stated she does not remember seeing this document.
Ms. Moermond stated a couple of notices were sent out the same time period. Mr. Robinson
stated the vehicle abatement notice was sent out July 27. That is a sepazate issue.
Ms. Yang stated she did not see this Summary Abatement Notice. She saw everything written in
English. Because they are Hmong, she would expect the City to write a notice in Hmong to
them. When they bought the house, there was nothing that said they could not have anything in
their yazd. Also, the City could have come at the wrong time. Perhaps they were in the process
of being removed or used as other items. Again, what is garbage to her may not be garbage to
them. Her mother was going to reuse it for her purposes.
C��-���`�
LEGISLATIVE HEARINGS MINiJTES FOR OCTOBER 30, 2003 Page 6
Ms. Moermond responded she can see where the owner was going to make use of this; however,
the washing machine still had the internal parts, the agitator. Ms. Moermond asked was that part
going to come out. Ms. Yang answered that her mother was in the process of taking it out and
reusing it. They just bought a new washer. She does not feel that anyone has the right to call the
City to say there is an appliance in the yard. She does not feel she has the right to call the City on
someone else.
Ms. Moermond asked was this a complaint that initiated the inspector's visit. Mr. Robinson
responded it was the area sweep from the Weed and Seed Program. Ms. Yang stated the
inspector told her to not think it it unfair because other houses were issued complaints, too.
Ms. Yang stated she did receive a notice and does not remember seeing an appliance being
circled. The inspector talking about the cans not being bagged up in garbage cans. Mr. Robinson
responded there was another notice sent after the one in quesrion today. It does say that recycling
materials are not for storage outdoors.
(Mr. Robinson showed a Conection Order.)
Mr. Robinson stated the issue from the Correction Order was taken care of by the owner. Ms.
Moermond stated the Correction Order tells the owner to conecT the code violations, but it does
not say the City will fix it if the owner does not. The issue that had the appiiance circled is a
Summary Abatement Order, that is the one the tax assessment is related to.
(The owner was given a copy of the order.)
Ms. Yang stated her parents do not read English, and that makes it hard. Perhaps it did come to
the house and her parents did not show it to her. Ms. Moermond asked who is the inspector. Mr.
Robinson responded that Steve Magner was the inspector on the abatement and Tom Friel was .
the inspector on the set of orders.
Ms. Moermond stated there is one Hmong speaking inspector and Ms. Yang's name couid be
noted in the file as a contact person so an inspector can look in the file and call Ms. Yang.
Mr. Robinson stated it is good in theory. In practice, if there is a new complaint received at the
Citizen Service Office, Mr. Friel does not check it, the file is physically in another room, and the
complaint goes to someone else, then it is not noted. It is hard to make the physical transition.
Ms. Moermond asked could it be noted in the information system. Mr. Robinson responded it is
possible and he will check on that. There are a number of Hmong that Code Enforcement deals
with, and his office cannot assume that they all speak English and they cannot assume that they
don't. Ms. Yang responded that is hue.
03 � �3y�
LEGISLATIVE HEARINGS MIlViITES FOR OCTOBER 30, 2003 Page 7
Mr. Robinson went on to say that the miscommunication happened, but he cannot see that it is
anyone's fault. He will make a note in the file.
Ms. Moermond requested that Ms. Yang put her name and phone number on the sign-in sheet
and Code Enforcement can make sure she gets notified as well.
Ms. Yang stated her mother wants to know if they come through the front or the back. There
were a number of items next to the washer and she wants to know why they didn't take the
R wheelbarrow, and the tools that were worth nothing. She was planning to reuse her washer. Mr.
� Robinson responded appliances can be very dangerous to children—anything with a door such as
refrigerators, dryers, washing machines. For appliances, the inspector has to be specific. The
City has lost cases when they picked up something they shouldn't have picked up. A
wheelbarrow is an outdoor tool. Also, if there is a shovel leaning against the shed, the City will
not take it. A wagon is the same thing.
Ms. Moermond stated a child can get inside of a refrigerator, washing machine or stove, and get
stuck inside, suffocate,and be trapped.
Ms. Yang said that her mother is still not happy that the wheelbarrow was not taken. Also, she
feels that the inspector could have knocked on the door or a phone call made. They should have
been informed about this. It could haue been trespassing. Ms. Moermond responded it is not
trespassing. It is a matter of public safety, and the City is exercising its police powers to remove
an item that is perceived to be a danger to public safety. Also, it was a documented problem that
existed there. They did have the right to go over the fence or enter through the front because it
was a code violation. It would have been polite for the inspector or the cleanup crew to knock on
the door, but it is not necessary because notice was already given. The implication of the
violation was the City would come and take it away. The City was protecting itself liabiliry-wise
� by videotaping the removal.
Ms. Yang asked if the City workers had taken the stuff and the family had come out with a
baseball bat and hit them on the head, would she have been charged. Ms. Moermond responded
absolutely because the City had a legal right to be there. That is one of the reasons the cleanup
crews are hesitant to knock on doors and let people know that they are there. Code Enforcement
did have an inspector killed. It is not a safe job. They are acting to protect themselves as well.
Ms. Yang stated there should be a warrant to take the item. Ms. Moermond responded the City
was not going inside her house. On the outside, there are different laws.
Ms. Yang stated there is a lack of communication between her pazents and the City. If she had
seen this eazlier, she would not be here. Even though Ms. Yang did not see it earlier, said Ms.
Moermond, she is having a hard time coming to the conclusion that it is the City's fault, as
opposed to her fault or her parents' fault. The inspectors come in all the time with returned mail
and they request the assessment is deleted. Ms. Moermond does not have reason to believe it did
v
4
O�- \0�3�
LEGISLATIVE HEARINGS NIINi.JTES FOR OCTOBER 30, 2003 Page 8
not successfully get to the house. She assumes they can request information in Hmong with
Code Enforcement as well as with any City ofFce. She would like to figure out the best way for
the owner to pay. She is inclined to knock off $100 for miscommunication and
misunderstanding. The balance would still be due. If something of value was taken, the owner
can file a claim against the City with Risk Management; however, Ms. Moermond does now see
them getting reimbursement since Ms. Yang said it was a broken washing machine. Also, the
public hearing is November 19 at 530 p.m. They can come to the public hearing and make that
argument to the City Council. She asked should the assessment be divided over five years due to
financial hazdship. Ms. Yang responded it is best to pay the assessment of $200.
Ms. Moermond recommends reducing the assessment from $300 to $155 plus the $45
adminisirative fees for a total assessment of $200.
J0305A Property clean-up during May or June 2003 at 1023 Fremont Avenue.
(Note: this property has already been ratified by the City Council.)
Harold Bleise stated he was told he had to be here today. He is wondexing what a notice was for
that was sent to him. He does not know the date.
Harold Robinson stated a couple of summary abatement notices were abated on June 19.
Ms. Moermond stated the assessment is far $410.50 plus administrative costs.
Mr. Robinson asked does he own the property now. Mr. Bleise responded he has not owned the
properiy since he sold it in June. He has hi5 discharge papers at home. He filed for bankruptcy
in June.
Mr. Robinson stated the Sunmiary Abatement Order was June 13 with a pre-authorized work
arder to be completed after June 19. The work was done on June 19 by the Parks Department.
Parks was authorized to go any day after June 17. The only question is the ownership.
Mr. Bleise stated he can give them the gentleman's name that refused and would not allow a
20%. He buys carrybacks on homes and then turned around and buys a piece of junk, fixed it up
barely. Grant Holdings owns it and refuses to give it up. He could have sold the house in
February. It would have been $50,000 to bring it up to code, but he screwed Mr. Bleise out of
the deal. Mr. Bleise could not afford $1,200 a month He filed bankruptcy because he was over
$180,000 or more in debt when he only makes $18,000 a year.
Ms. Moermond asked why he is here and not the current properiy owner. Mr. Bleise responded
his name was forged and taken off the condemned vacant list. There was no huth-in-housing or
seller's disclosure on the property.
v3 ����
LEGISLATIVE HEARINGS MIN UTES FOR OCTOBER 30, 2003 Page 9
Ms. Moermond asked is his name off the properiy now. Mr. Bleise responded he does not know
because the City does not have the records that he filed for bankruptcy.
Ms. Moermond stated whoever has the property in their name at Ramsey County T�ation is the
person who is responsible for this assessment. It looks like it was Mr. Bleise in June. She does
not lmow who it is right now. Mr. Robinson responded that he has Grant Holdings as the owner
for the assessment on September 12. This was a vacant building for a while. The building had a
code compliance inspection and a code compliance certificate issued and that can be substitute
for the truth-in-sale of housing.
Mr. Bleise asked why the condemned sticker on both doors taken off prior to him seeing it. Ms.
Moermond responded she does not know and it is not relevant to this hearing.
Mr. Robinson stated this is getting assessed to the property. Whoever is paying the property
taxes now will be paying the assessment.
Mr. Bleis stated that his attorney told him that he can go to the heazing, and the assessment can
go to whoever owns the house now.
Ms. Moermond recommends approval of the assessment.
The hearing was adjourned at 11:40 a.m.
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