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03-304City of St. Pau1 RESOLIITION RATIFYING ASS$SSNlSNT (� � , l i . � � 'ae . . i .'�i :-... COUNCIL FILE NO. O'3 � „30� By Fi1e No. SEE BELOW Assessment No. SEE BELOW � � voting Ward In the matter of the assessment of benefits, cost and expenses for 2 J0207AAAAA (9912) Summary abatements (property clean-up) for property located at 2168 Minnehaha Ave. E. (PIN 35-29-22-11-0011). LAID OVER BY COUNCIL ON 2-26-03 TO 3-26-03 L&GISLATIVE HfiAR2NG WILL BE 3-11-03 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 RESOLVBD, That the said assessment be and the same is hereby in a11 respects ratified. RESOLV&D FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. COUNCILPERSON Yeas Nays �e... - �/filakey �ostrom ,�2'0l eman vIiarris �antry ��pSer•� —Reiter .S In Favor �Against a ��RSeri� Adopted by the Council: Date �,.�r� �.� ao�3 Certified Passes by Council Secretary To Legislative Hearing Officer - 3-11-03 Public Hearing-Date - 3-26-03 T.M.S.lREAL ESTATE DIVISION Date: :ontact Person aod Phone Nu ber: Roxanna Flir�l\ 1• 266-8859 3/4/03 � Green Sheet Number: RTMEM DRtECCOR AITORV'EY �EI' DIRECTOR 03 -3c�j 204128 CLERK hIGT. SVC. DIR. ist be on Council Agenda by: ist be in Councii Research Office � 1pyOR (OR ASSIS7A.� 1 0[JKCQ. RESEAP noon on Friday public hearing is 3-26-03 DTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: At Council's request on 2-26-03 this item was laid over to 3-26-03, Summary abatements (property clean-up) for property located at 2168 Minnehaha Ave. E. (PIN 35-29-22-11-0011). �Yle No. J0207AAAAA. PLANNING CObI�11SSION CNIL SERVICE COAIMSSION CIBCOMSIITiEE rts whidh Council Objective Neighborhoods A STAFF Code A Enforcement A Ward� Has the person/firm ever worked under a contrac[ for this depar[ment? Has [his persoNf rm ever been a CiTy employee? Does this person/firm possess a skiil not normally possessed by any current City employee'• Explain all YES answers on a separate sheet and attach. YES NO 1'ES r0 YES �O VG PROBLEbi, ISSUE, OPPORTUNITY (VVho, What, Nhen, Nhere, Nhy?): "SEE ORIGINAL GREEN SHEET NUMBERS 204035" AGESIFAPPROVED: ANTAGESIFAPPROVED: IF NOT APPROVED: AMOUNT OF'IRANSACTION: $Q 4$.SO COST/REVENUE BUDGETED (CIRCLE ONE) YES \O : souxcE: Assessments only 4L INFORh1ATION:(EXPLAIN) 1 property owner will be notified of the public hear ACTIVITY NUMBER: and To Legislative Hearing Officer - 2-11-03 Public Hearin� Date - 2-26-03 T.M.S./REAL ESTATE DIVISION D ate: act Person and Phone \"u7nber: l �� 266-8859 Roxanna Flink � �� 03 -�oy 1/3/03 Green Sheet Number: 204035 EPARib1E\"I'DIRECiOR " C[IYCOliNCIL IfNA7TOR.\EY CITYCLERK ist be on Council Agenda by: 1-2,9-03 UDGET DIRECI'OR IV. & ilIGT. SVG DIR is[ be in Council Research Office noon on Friday 1-1,�-03 IAYOR(ORASSISCA\� 1 Ol7\CILRES&1RCH DTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: Set date of public hearing and approve assmts for weekly garbage hauling service for third quarter of 2002, Demolitions of bidgs. for part of July 2002 to part of Nov. 2002, Summ Abate for part of July 2002 to part of Dec. 2002, Board-up of vac. bldgs. from Aug. 2002 to Nov. 2002 and Grass cutting (by private contractor) for part of Aug. 2002 to Oct. 2002. File No.'s PLANNI\G CO�S]IISSIO\ CNIL SERVICE CO�I\IISSION CIB COJI�OITEE rts whidh Council Objective Neighborhoods Esplain all YES answers on a separate sheet and attach. TING PROBLEVI, SSSUE, OPPORTUNITY (�Vho, Nhat, �Vhen, Nherc, Wh�?): YES \O YES NO YES n0 Property owners or renters create a health hazard at various times throughout the City of Saint Paul when their property is not kept up. ANTAGES IF APPROVED: Cost recovery programs to recover expenses for Garbage hauling, Demolitions, Sammary abatements, Boarding-up and Grass cutting. This includes cutting tall grass and weeds, hauling away all garbage, debris, refuse and tires. Also, all household items such as refrigerators, stoves, sofas, chairs and all other items. In winter this includes the removal of snow and ice from sidewalk and cross walks. IF APPROVED: If Council does not approve these charges, General Fund would be required to pay the assessment. Assessments are payable over 1 or 10 years and collected with the property taxes if not oaid. _ AGES IF hOT APPROVED: Neighborhoods would be left to deteriorate and property values would decline. Nobody woulrl take care of their property, especially vacant or rental properties. Rodents, filth, garbage and trash would accumulate everywhere. Disease and pests could become a probiem. 'AL AJiOU\T OF TR165ACT[O�: $22(�3O7.OH COST/REVENUE BL'DCETED (CIRCLE O\E) souxce: Assessments only ACT�VITYNUNIBER: ', J0207A, J0207B and J0203G. IECT(R) PERSOVALSERV(CECONTR4CTShIUSTA\S�VERTIiEFOLLO�VI\G: A STAFF i. Has the person/firm ever worked under a contrac[ for this department? Caie A Enforcement � Has this person/firm ever been a City employee? vacant Aidg � Does this person/firm possess a skill not normally possened by any E� current City employce? YES \O AL I\FOR�IATIO\: (EXPLAIN) 259 property owners will be notified of the public hearing and City of St. Paul �� j� 9 1� A d Real Estate Division � 1;�i � i�� L Dept. of Technology & Management Serv RBPORT OF OF COUNCIL FILE NO. File No. SEE BEI,OW Assessment No_ SEE BELOW 03 -3oy Voting Ward In the matter of the assessment of benefits, cost and e�enses for 2 J0207AAAAA (9912) Summary abatements (property clean-up) for property located at 2168 Minnehaha Ave. E. (PIN 35-29-22-11-0011). LAID OVER BY COUNCIL ON 2-26-03 TO 3-26-03 LfiGISLATIVE HEARING WILL B8 3-11-03 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 construction costs Engineering and Inspection Real Estate Service Fee Process Serving Charge Charge-Code Enforcement Abatement Service Charge TOTAL EXPENDITURES Charge To Net Assessment $403.50 $ $ $ $25.00 $20.00 $448.50 $448.50 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $448.50 upon each and every lot, part or parcel of land deemed benefited by the said improvement, and in the case of each lot, part or parcel of land in accordance with the bene£its 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 t e�'eon as may be considered proper. �:� t� � Dated �j �! r" � / J Va ua ion and Assessment Engineer W � a d C7 C � 4 � � � � � a � r N 0 a � 0 �� ,� Q; o H O t I � 1 ri E � �+ a�� [� � N [y i N O�' a��+ a�N � � � � °' rn�000no Ea � in o o n �n 2 � ...,, . a�M�o�� Q � O N N il C £ � �� II a r� � vr n Lr i a� �� O � ii n w � n � tA i o00 H�000 H 1 O O O � ; Ifl O O 1 M rl rl a�o o�c U � i W � � w o00 [y i o00 rC � o00 a i tiino '�i � N N H i ] � 1 � � I i ; i � � t � • W W W Ul U' � H f� W � FC� � � W O .'C � i tCVU z �rxw x�auu � o � w �+ � a��aww w�mam � � F � � w i i a oa � i 7. i E .�-i i O � �n � H � � i N�W F W i Vt DC O•• H � VIFWi-7WN i c# � - O H �n � U � W.a Q EON � m�x z�wz�+� Q i 3 UHi r nv�if�.' � >+� .�jm FCW � x �''�no�aa � w � HFF>Cw0 � a�xx w � o � wc�h � x H a�ow]�`o� � ax�n 3 � � � � i � N O i ; I WM � � W N O W � ��o i a � � � � i W�� W UI i �amzz�� a�� o�q�a�z � � 'a H i w�mma�z � � �a'�FNa O � 7�vm+ x � 0 0 0 11 0 vi o o u vi •n ri ui o n m O N N I I C p LT v} II <T vz n m i n n n n �� •ww ii W Cn [7 II QE�ii mox�i r2UU n II �xwna W'UU n � WHItE x>no � c� a n F+ w w n ma'm n E il U aaanw aaann H E E n O 00o ii a � a w V K a N a � W x � 0 m a W U � a � 03 •3oy 03 3�► •��.�:�� Date: Mazch 11, 2003 Time: 10:00 a.m. 130 p.m. (2168 Minnehaha only) Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, AND ABATEMENT ASSESSMENTS Marcia Moermond Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the property at 733 Charles Avenue. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid overfrom 2-11-03) Legislative Hearing Officer recommends laying this over to the March 25, 2003, Legislative Hearing per a request from staff. 2. J0207A1A Laid over summary abatements from February 25, 2003, for property cieanup at 712 Hawthorne Avenue and 627 Palace Avenue. 627 Palace Avenue Legisiative Heazing Officer recommends approval of the assessment. 712 Hawthome Avenue East Legislative Hearing Officer recommends laying over to the May 13, 2003, Legislative Heazing. 3. Laid over summary abatements from February 25, 2003: J0207A1AA 2021 California Avenue East J0205VVV Towing of abandoned vehicles from private properties at 115 Sycamore Street East and 123 Geranium Avenue East. J0295VVVV Towing of abandoned vehicles at 2168 Minnehaha Avenue East. 2021 Califomia Avenue East Legislative Heazing Officer recommends approval of the assessment. 2168 Minnehaha Avenue East (Also see Item 4.) Legislative Hearing Officer recommends approval of the assessment. 123 Geranium Avenue East Legislative Hearing Officer recommends approval of the assessment. o� -�ny . LEGISLATIVE HEARING REPORT OF MARCH I i_ 2003 4. � 5. 115 Svcamore Street East Legislative Hearing Officer recommends approval of the assessment. Page 2 JQ207AAAAA Property Cteanup from February 25, 2003 at 2168 Minnehaha Avenue East (Laid over from 2-25-03) (Also see Item 3.) Legislative Hearing Officer recommends approval of the assessment. Avenue Legislative Hearing Officer recommends approval of the assessment. J0204CC Laid over summary abatement from February 25, 2003 at 1000 Reanev 6. Summary Abatements: J0207A2 Property clean-up for part of July 2002 to part of December 2002; J0206V Towing of abandoned vehicles from private property for part of July 2002 and all of September 2002. 728 White Bear Avenue North (J0207A2) Legislative Heazing Officer recommends deleting the assessment. 790 Selbv Avenue (J0207A2) Legislative Hearing Officer recommends deleting the assessment. 1076 Magnolia Avenue East (J0207A2) Legisiative Hearing Officer recommends laying over to the Mazch 25, 2003, Legislative Heazing 665 Matnolia Avenue East (J0206V) Legislative Hearing Officer recommends deleting the assessment. 657 Lawson Avenue East (J0207A2) Legislative Hearing Officer recommends laying this over to the April 8, 2003, Legislative Hearing. 1111 Bush Avenue (J0207A2) Legislative Hearing Officer recommends approval of the assessment. 1039 Earl Street (J0207A2) Legislative Hearing Officer recommends approval of the assessment. 1075 Front Avenue (J0207A2) Legisiative Hearing Officer recommends approval of the assessment. Os •3oy LEGISLATIVE HEARING REPORT OF MARCH 11, 2003 489 Hatch Avenue (J0207A2) Legislative Hearing Officer recommends approval of the assessment. 0 Li¢htner Place (J0207A2) Legislative Hearing Officer recommends approval of the assessment. Page 3 598 Maryland Avenue East (J0207A2) Legislative Hearing Officer recommends the assessment be reduced from $195.00 to $75.00 plus the $45 administrative fees for a total assessment of $120. 1066 Reanev Avenue (J0207A2) Legislative Heazing Officer recommends approval of the assessment. 925 WoodbridQe Street (J0207A2, two assessments) Legislative Heazing Officer recommends approval of both assessments. 939 Woodbrid�e Street (J0207A2) Legislative Hearing Officer recommends approval of the assessment. 1130 Abell Street (J0206V) Legislative Hearing Officer recommends approval of the assessment. 775 Ashland Avenue (J0206V) Legislarive Hearing Officer recommends approval of the assessment. 946 Carroll Avenue (J0206V) Legislative Hearing Officer recommends deleting the assessment. 77 Front Avenue (J0206V) Legislative Heazing Officer recommends approval of the assessment. 1587 Hudson Road (J0206V) Legislative Hearing Officer recommends approval of the assessment. 791 York Avenue (J0206V) Legislative Hearing Officer recommends approval of the assessment. 819 Johnson Pazkwav (J0207A2) Legislative Heazing Officer recommends laying over to the March 25, 2003, Legislative Hearing. 482 Lawson Avenue West (J0207A2) Legislative Heazing Officer recommends deleting the assessment. o�-3oy. LEGISLATIVE HEARING REPORT OF MARCH 11, 2003 Page 4 7. Resolution ordering the owner to remove or repair the property at 20 Svcamore Street East. If fhe owner fails to comply with fhe resolution, Code Enforcement is ordered to remove the building. I,egislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation of the properry. rrn o� _3 oy MINUTES OF THE LEGISLATNE HEARING ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, AI�TD ABATEMEATT ASSESSMENTS Tuesday, Mazch 1 l, 2003 Room 330 City Hall, 15 West Kellogg Boulevazd Mazcia Moermond, Legislative Hearing Officer STAFF PRESENT: John Betz, Code Enforcement; Michael Driscoll, City Attorney's Office; Steve Magner, Code Enforcement; Racquel Naylor, City Council Offices; Harold Robinson, Code Enforcement; Tchu Yajh, Planning and Economic Development The meeting was called to order at 10:01 a.m. Resolution ordering the owner to remove or repair the property at 733 Charles Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 2-11-03) Marcia Moermond recommends laying this over to the March 25, 2003, Legislative Hearing per a request from staff. J0207A1A Laid over summary abatements for property cleanup at 712 Hawthorne Avenue and 627 Palace Avenue. (Laid over from 2-25-03� 627 Palace Avenue Amo A. Karner, 627 Palace Avenue, appeared and stated it is not safe for him to work in his yard because of Gopher State Ethanol. He has symptoms from the plant, such as ringing in his ears. For the most part, he does not see how the City can force him to comply and not force Gopher State to comply. The City has not gone into Gopher State and shut them down to make them comply with City noise ordinances. Mazcia Moerniond asked what notices were issued for this property. John Betz responded orders were issued on August 7, 2002, to remove discarded appliances and cut tall grass by August 12. At that time, the owner appealed the orders and that appeal was denied by the City Council. The City proceeded to remove the appiiances and cut the ta11 grass. Now, we are here on the cost of that removal. Mr. Karner stated he went to court on a ticket and that was dismissed. Ms. Moermond stated he is not allowed to subsequently appeal the assessment after the appeal of the order was denied; however, this appeal was processed. Mr. Karner responded if he is denied here and gets raiiroaded at the City Council, he will appeal on the grounds of civil rights because he is not getting equal justice under the law as Gopher State Ethanol. The City has taken away his one avenue of civil disobedience and freedom of speech because he can't use a megaphone or walk with a protest sign because of health problems he attributes to Gopher State Ethanol. The o3-3oy . LEGISLATIVE HEARING MliJUTES OF MARCH 11, 2003 Page 2 appliances were stored safely. There was no safety concem for the tali grass and weeds. He should not have to pay for any of this. Ms. Moermond requested the videotape. (A videotape was shown.) Mr. Karner stated he stipulates that the City did the work. He does not need to see the videotape. The only reason he did this was because this is his oniy way to voice his opposition. His argument is not that he is wrong. His argument is Gopher State Ethanol is more wrong than he is. This is the first problem he has had with the City. It is his oniy way to voice his opposition to the City's negligence in enforcing nuisance ordinances against Gopher State Ethanol. Ms. Moermond stated what is in front of her is the condition of his yard. It has nothing to do with Gopher State Ethanol. He received proper notice. Mr. Karner responded he was not given a chance to voice his opposition when he appealed the original correction order. He was told it was irrelevant. If he is prosecuted and fined, the City is treating him under the law differently than Gopher State Ethanol. Ms. Moermond asked the cost of the assessment. Mr. Betz responded $729. Ms. Moermond stated the $729 is the actuai cost to the City doing this cieanup. This is not a fine, but a biil that the City can force payment on by assessing it on the taxes. The City cannot charge more than what it costs to perform these services. Mr. Karner responded he does not have to be charged. The City did not have to do the work. There is no real safety violation. He is getting sick in his own home and his heazing is permanently damaged by this plant. He used to do the yard work before Gopher State Ethanol moved in. Ms. Moermond stated she has no control over the Gopher State Ethanol issues. She understands he is having difficulty maintaining his yard because ofhealth problems he attributes to ethanol. That would be a private issue between him and the ethanol plant. That may be something he can pursue elsewhere. He still has to maintain his own yard. If he cannot do it himself, he should see that it is done. Mr. Karner responded that she is suggesting that he should pay someone to hurt themselves in his yazd while they breath the garbage from the plant. He asked who will cover his liability insurance or should he hire a different person each time so they are not exposed to too much. No one has answers to those types of questions. As long as Gopher State Ethanol is exceeding the City and State noise ordinances, he is not going to go to his yard except to get to his caz or to his bus sYog. Ms. Moermond recommends approval of the assessment. She understands that Mr. Karner feels this is civii disobedience; however, Code Enforcement officials do have to go out and enforce the minimum property maintenance standards. If he does do not maintain his yazd, he can look forwazd to additional summary abatement orders and assessments onto his taxes. She suggests he write all seven City Councilmembers a letter explaining his position. This will be on for a public heazing so he will be heazd at that time. Looking at what she has in front of her, she has 03 -3oy LEGISLATIVE HEARING MINUTES OF MARCH ll, 2003 Page 3 no reason to justify recommending a partial assessment or deleting it entirely. Mr. Karner responded he expected the appeal to be denied. He did not get a chance to be heard last time in front of the City Council. 712 Hawthorne Avenue East John Betz stated that the property owner is requesting to be heard along with another issue that is before the Legislative Hearing Officer on May 13. Mazcia Moermond recommends laying over to the May 13, 2003, Legislative Hearing. Laid over summary abatements from February 25, 2003: J0207A1AA 2021 California Avenue East J0205VW Towing of abandoned vehicles from private properties at 115 Sycamore Street East and 123 Geranium Avenue East. J0205VVW Towing of abandoned vehicles at 2168 Minnehaha Avenue East. 2021 California Avenue East (No one appeared) Marcia Moermond stated it is her understanding that the owner could not be here. He indicated that he had a short time to comply, and he did not think the conditions justified the abatement. Also, these were his home business landscaping supplies and not garbage items. (A videotape was shown.) Harold Robinson reported the assessment was for $298. The owner called him and said the Parks crew picked up a new tire. Mr. Robinson picked up the tire from Parks and brought it to the owner's house. At the time, the owner did not seem upset about the assessment. As seen from the videotape, it was clearly not all landscaping items. Ms. Moermond recommends approval of the assessment. 2168 Minnehaha Avenue East (Note: this appeal will be heazd at the 1:30 meeting.) 123 Geranium Avenue East (No one appeared) Harold Robinson reported this is about an abandoned vehicle. o� -�oy LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 4 Marcia Moermond recommends approval of the assessment. She received a letter from Fred Hoelzel, Property Manager, who indicates that the car may or may not have belonged to a tenant who was evicted in 2002. It would still be Mr. Hoelzel's responsibility to ensure that the vehicle is removed from the properry. 115 Sycamore Street East Trina Smith, owner, appeared and stated the vehicle was not abandoned. She wanted to know why she was getting charged $800 for this. Hazold Robinson stated orders were issued on April 22, 2002, with a compliance date of May 20. Ms. Smith responded she never received a letter telling her to remove the car or it would be towed. She only received a letter that if she wanted the items out of the car, she should pick them up or the parts wouid be soid to pay for the towing. Mr. Robinson stated it was a white Ford with expired tabs. It was towed on June 24. Notices were sent to Trina Smith and [someone else] at I 15 Sycamore Street East. The mail was not returned. If mail is returned, they make another effort to notify. Ms. Moermond asked was something put under the windshield wiper indicaring there is an abatement order on the vehicle. Mr. Robinson responded not always. Ms. Moermond asked if there were any abatement orders or tickets outstanding. Mr. Robinson responded an abatement order went out on the recheck. A work order was sent on May 20 and the vehicle was towed on June 24 by the police. There was a two month period there. Steve Magner stated if the vehicle was claimed at the Impound Lot there would not be an assessment because the owner pays the towing and impound fees to claim the vehicle. She would have had an opportunity to claim the vehicle based on the letter from the Impound Lot. Ms. Smith asked why it is $800. (Ms. Moermond looked at a Police Tow Work Order on this property.) Ms. Moermond stated the police costs were $775.60. Ms. Smith stated that she was not going to get the vehicle after they towed it because there was nothing wrong. She didn't get a ticket or something telling her that she needed to show her records. She oniy received a letter telling her that she towed the car. Ms. Moermond recommends approval of the assessment. Records show that the property owner received notice. 03 -30� LEGISLATIVE HEARING MINLJTES OF MARCH I 1, 2003 Page 5 J0207A�AA Laid over summary abatement from February 25, 2003: 2168 Minnehaha Avenue East (Note: this appeal wili be heard at the 130 meeting.) J0204CC Laid over summary abatement from February 25, 2003: 1600 Reanev Avenue (No one appeared.) Steve Magner reported this assessment is for $56,411.01. On February 26, his office mailed a complete statement breaking down all the costs. Inciuded was a letter to call Mr. Magner if he had any questions. Mr. Magner has not heard from Mr. Vallaincourt. Marcia Moermond recommends approval of the assessment. Code Enforcement has provided the owner with the itemized bill he requested and he is not here. Summary Abatements: J0207A2 Property clean-up for part of July 2002 to part of December 2002; J0206V Towing of abandoned vehicles from private property for part of July 2002 and all of September 2002. 728 White Beaz Avenue North (70207A2) (On February 25, John Betz requested that this issue be deleted due to improper notification.) Marcia Moermond recommends deleting the assessment. 790 Selbv Avenue (J0207A2) Steve Magner requested this be deleted. Marcia Moermond recommends deleting the assessment because the notice was sent to the wrong property. 1076 Marvland Avenue East (J0207A2) Steve Magner requested that this be laid over to March 25. Mazcia Moermond recommends laying over to the March 25, 2003, L,egislative Hearing LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 665 MaQnolia Avenue East (J0206V) Steve Magner requested that this be deleted. 03 -30� Page 6 Mazcia Moermond recommends delering the assessment because the owner was incorrectly assessed. 657 Lawson Avenue East (J0207A2) (Tchu Yajh provided interpreting services at this property.) The following owners appeazed: Chao Xiong, 967 Galtier Street, and Mai Thao, 657 Lawson Avenue East. Mr. Xiong stated he did not send in a green cazd and cannot attend a hearing on March 25. Marcia Moermond recommends laying this over to the Apri18, 2003, Legislative Hearing. 1 I 11 Bush Avenue (J0207A2) (No one appeared.) Marcia Moermond recommends approval of the assessment. 1039 Earl Street (J0207A2) (No one appeared.) Marcia Moermond recommends approval of the assessment. 1075 Front Avenue (J0207A2) (No one appeazed.) Marcia Moermond recommends approva] of the assessment. 489 Hatch Avenue (J0207A2) (No one appeazed.) Marcia Moermond recommends approval of the assessment. 03 3oy LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 7 0 Lightner Place (J0207A2) (No one appeared.) Mazcia Moermond recommends approval of the assessment. 598 Marvland Avenue East (J0207A2) Stacy Davis, owner, appeazed and stated he does not recall the City doing any work. She never received a letter, but she and a neighbor got a letter at the same time to cut weeds. Her, her son, and a neighbor boy did that. Harold Robinson reported on October 10, a summary abatement was issued with a pre-authorized vehicle order, which means it goes right to Parks and Recreation to do the work after a certain date. Parks and Recreation cut the b ass on October 15, 2002. Orders were sent to Stacy Davis at 598 Maryland Avenue East. Ms. Davis stated she would like to see the video. She never received a letter. (A videotape was shown.) Ms. Moermond recommends the assessment be reduced from $195.00 to $75.00 plus the $45 administrative fees for a total assessment of $120. The work done seems minor from the videotape. ] 076 Maryland Avenue East (J0207A2) (No one appeared.j Marcia Moermond recommends approval of the assessment. 1066 Reanev Avenue (J0207A2) Marcia Moermond stated her paperwork shows that the City cleanup up refuse, mamess, tires, papers, and branches for $316. Jeazline Galloway, owner, appeared and stated she purchased the house in July. The previous owner was suppose to take care of this. She never received a notice. (A videotape was shown.) Ms. Moermond stated they did leave a lot of work on the property. She asked was the agreement that they would clean it up. Ms. Galioway responded it was suppose to be removed per the 03 3dy LEGISLATIVE HEAKING MINUTES OF MARCH 11, 2003 Page 8 paperwork. She thought the previous owner came back and did the work. The City did not do a goodjob. Harold Robinson stated that if the items aze not identified on the original summary abatement, they are cazefui about not taking those things. The City has lost appeals by taking too much. If items look like they may be useful or still in good condition, they try not to take them. Usually when the City cleans up, they clean up well. Ms. Moermond asked when Ms. Galloway received the bill. Roxanne Flink responded the owner has 30 days to pay without interest. Ms. Moermond stated it seems like there were materiais to be cleaned up on the property. She wouid like the owner to have something in writing to take to the former owner to encourage them to fulfill their obligations. Ms. Galloway was responsible for the property when the abatement occurred. The assessment for that will stand. If there is something the City can do to provide documentation to secure money from the people who really did this, the City can help with that. Ms. Gailoway asked can she make payments in installments. Ms. Moermond responded that Real Estate staff can heip her with that. Ms. Moermond recommends approval of the assessment. Ms. Flink added that she should check with her title insurance to cover the cost. 925 Woodbridge Street {J0207A2, two assessments) (No one appeared.) Marcia Moermond recommends approval of the assessments. 939 Woodbrid�e Street (J0207A2) (No one appeared.) Marcia Moermond recommends approval of the assessment. 1130 Abell Street (J0206V) (No one appeared.) Mazcia Nloermond recommends approval �f the assessment. 03 -�ay LEGISLATIVE HEARING MINUTES OF MARCH 1l, 2003 Page 9 775 Ashland Avenue (J0206V) (No one appeared.) Mazcia Moermond recommends approval of the assessment. 946 Carroll Avenue (J0206V) The following appeared: Lynn Connolly, 554 Central Avenue West, Housing Manager for the Public Housing Agency (PHA); and Michael Driscoll, City Attomey's Office, PHA's attorney. Mr. Driscoll stated PHA never received notice prior to receiving the assessment notice. There may have been a notice sent to the owner of the vehicle or to the tenant, but there was no notice sent to the PHA. They are usually sent to the same address as the assessment notice. Lynn Connolly talked to a representative of PHA to see if she received a complaint. This person would receive the original complaint and forwud it to Ms. Connolly. This person said she did not receive a complaint in May. Maureen, Citizen Service Office, said she had no record of a complaint at the PHA. Mr. Betz responded the Citizen Service Office would not get notice. Notices were issued to Martin Smith at 955 McKnight Road South and the occupant at 946 Carroll. The ownership printout does not have PHA on it. Mr. Driscoll responded he does not understand what printout Mr. Betz is looking at. Steve Magner asked was there recent acquisition of this property. Since there was not proper notification, he suggests deleting this assessment. He will give information to the AMANDA Computer System to make sure they check these records. Ms. Moermond recommends deleting the assessment. 77 Front Avenue (J0206V) (No one appeared.) Marcia Moermond recoinmends approval of the assessment. 1587 Hudson Road (J0206V) The following appeazed: Tue Vang, owner, and Cheeney Xiong, brother-in-law. Ms. Vang staYed it is her property, but the vehicle belongs to Mr. Xiong. He does not have a place to put his caz. A police officer told them on September 12 to move the vehicle or it would be towed. He moved the vehicle before September 12. He moved it to a different spot. Mr. Xiong stated the complaint letter said to not park on the grass. He moved it from there. O� 3oy LEGISLATNE HEARING MINtJTES OF MARCH I 1, 2003 Page 10 Hazold Robinson reported the orders were issued on August 28, 2002. The vehicle needed cunent licensed tabs and it was parked on the grass. On the September 12 recheck, the vehicle was off the grass, but still in violation. On September 24, it still had expired tabs, so it was towed. Ms. Moermond asked is that how they remember it. Ms. Vang responded yes. Ms. Moermond stated a vehicle has to have current tabs, even on private properry. T`he assessment wili have to stand at $347.05. The owner can make payment arrangements so it can be done over time. This is the cheapest she has seen for a vehicle tow and storage. Mr. Xiong stated that someone at the Impound Lot said there would be no charge. (Mr. Xiong showed Ms. Moermond a title.) Mr. Robinson stated once it is offered as scrap, there are no further charges. Ms. Moermond asked is there any indication how he would have come to this impression. Mr. Betz responded there would not be any charges if the vehicle was sold for enough money to cover ail the costs. Ms. Flink suggested holding off on the determination on this one to do further checking. Mr. Robinson stated if the owner said he was leaving the car there, then he wouldn't pay anything. It would be assessed. Ms. Moermond stated she will look into this and find out what the procedure is. Her inclination is that staff is correct: the vehicle owner wouldn't pay then and the property owner would pay when it is assessed. She would like to find out if he was given the wrong information. She will send him a letter and let him know what she finds out. Ms. Vang asked about interest. Ms. Flink explained the process to her. (Ms. Moermond's recommendation is approval of the assessment. Because the title was turned over to the City, the City would not chazge the vehicle owner for the tow; however, there are still charges for storage up to the point when the tide was turned over to the City.) 791 York Avenue Marcia Moermond stated these aze abandoned vehicles. There is a green Cadillac and a blue one. Bill Cunnien, owner, appeazed and responded they aze not his cars and they were in the alley. Steve Magner stated the inspector indicated that on September 3, 2002, an inspection was conducted and an a veAicle abatement notice was issued and mailed on September 4 to the O� -3oy LEGISLATIVE HEARiNG MINUTES OF MARCH 11, 2003 Page I 1 Cunniens at 2529 Cottage Grove Drive in Woodbury. There were two vehicles with no plates. The inspector went back out on September 16. The vehicles were parked on the north side of the garage next to the alley and they were removed. Mr. Cunnien responded the north side of the gazage would be in the alley. There is a no pazking sign there. Ms. Moermond asked were these vehicles dumped on his property or neaz his property. Mr. Cunnien responded they are not his vehicles. Ms. Moermond asked is the property vacant, rented out, eta Mr. Cunnien responded it was rented out. It had a fire and burned. Mr. Magner stated the inspector indicates that when he was there on the 16` the vehicles were moved to the north side of the garage next to the alley. When the original sununary abatement was issued, the vehicles were on his property. Mr. Cunnien responded that when the City towed them, they were not on the property. They were towed from the alley. Ms. Moermond asked were the police present for the tow. Mr. Magner responded they were. Ms. Moermond asked are they tenant vehicles. Mr. Cunnien responded he had tenants, but he is not sure they belonged even to the tenants. He told the tenants to remove the vehicles. Ms. Moermond stated he is still responsible if it is on his property. Mr. Cunnien responded it was not on his property; it was in the alley. Mr. Magner added that this is a dead end alley. Ms. Moermond stated she will foliow up with the Police Department and the City Attomey's Office to see who is in charge of what space and what to do in this situation. She will send him a letter. Her guess is that the car started out on his properiy. Mr. Cunnien responded if he does not have a title card, he cannot get rid of the vehicles. Mr. Magner responded the owner of the property can call the police department and ask for a manager's tow. They tag the vehicle and then the owner can call a towing company. He might be chazged a cost for the tow. (Ms. Moermond recommends approval of the assessment of $440.60 for the green Cadillaa The property owner should be charged for the tow and storage of the green Cadiilac as it was towed from the unimproved azea in the rear of that address. The gray Cadillac should not be chazged to the property owner as it was towed from the improved area in the rear of that address; however, there was no abatement tow sheet created for the gray Cadillac anyway.) 819 Johnson Pazkwav (J0207A2) Racquel Naylor stated she received a call shortly before the meeting from an owner who said that the green cazd was not returned. Mazcia Moermond recommends laying over to the Mazch 25, 2003, Legislative Heazing. 03 - 3�y . LEGISLATIVE HEARING MINiJTES OF MARCH 11, 2003 Page 12 482 Lawson Avenue West (J0207A2) Marcia Moermond stated this assessment is for refuse, debris, tall grass in the yard. The work was done on September 5, 2002. Rod Klindworth, owner, appeared and stated this is rental property. He would like to see the videotape. (A videotape was shown.) Mr. Klindworth stated it was September 7 that it was suppose to be reinspected. He called Lisa Martin (Code Enforcement) and got an extension to compiy. They did get the boat out, which must have been after this videotape. He probably should have been over there more ofren. It was completed on September 13. John Betz reported the work order was sent August 27. The inspector indicates the property owner calied on September 6 who eacplained it was rental property, he would be returning on Monday, and he would take care of it by September 13. Mr. Betz presumes he meant the boat. The work had been done on September 5. Mr. Klindworth responded the officer was supposed to reinspect on September 7. He got it done on September 13. The boat was gone when he got there. He had that removed. (Ms. Moermond looked at the letter Mr. Klindworth is referring to.) Ms. Moermond stated this is a correction notice dated August 27. That would be different than the summary abatement order that would have precipitated this assessment. There should be another letter dated the same time. Steve Magner stated the summary abatement inspection was conducted on August 9, 2002, with a compliance date of August I5. This is for a boat and trailer. These were mailed to Saint Paul Postal Employee Credit, 2401 McKnight Road North and to the occupant at 482 Lawson Avenue West. The boat one was also sent to Roderick Klindworth, 482 Lawson. NSr. Klindworth responded he does not live there. It was homesteaded when he got it. Mr. Magner asked when he purchased the property. Mr. Klindworth responded he thinks he has had it at least six years. Mr. Magner stated the correction notice was sent to Robert Klindworth, P.O. Box 452, South Saint Paul, but the suminary abatement was sent to Lawson. Mr. Magner suggests deleting the assessment because Code Enforcement did not mail the summary abatement to him and for some reason the correction notice was mailed on the same or similaz date. Mr. Klindworth stated he has quite a few buildings and he does take care of them. o� -3oy LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 13 Ms. Moermond recommends deleting the assessment. She suggested he clean up the address problems so it is not shown up inadvertently as being homesteaded. Roxanna Flink stated that unless he goes in and makes it nonhomesteaded, then it wiil stay that way until something happens. Resolution ordering the owner to remove or repair the property at 20 Svcamore Street East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Steve Magner reported this is a two story, wood frame, single family dwelling. It was condemned on March 25, 2002, and vacant since then. There have been six summary abatement notices issued to secure doors and windows, remove refuse, and cut tall grass. On January 7, 2002, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on January 13, 2003, with a compliance date of January 29. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees were paid. A citation was issued on August 20, 2002, charging the previous owner with failure to pay the annual vacant buiiding fee. Real estate taxes are paid. Taxation has piaced an estimated market value of $4,800 on the land and $20,200 on the building. On March 4, 2003, a code compliance inspection fee was paid. A$2,000 bond was posted on March 10. Code Enforcement estimates the cost to repair is $80,000 to $100,000; estimated cost to demolish is $7,000 to $8,000. Mr. Magner went on to say that the property is in a state of neglect and disrepair. A number of people have illegally occupied the building. Measures have been taken to enforce the condemnation on this dwelling. The previous owners just transferred ownership. His office would not be opposed to the new owner having time to rehabilitate the property as long as he completes flie project within 180 days, brings the building into code compliance certificate requirement, and maintains the yazd and the walks. Marcia Moermond asked about the time period for the summary abatements. Mr. Magner responded the rash of them happened over the last three months as they were coming to a resolve with the previous owner. Bee Vue, 1292 Donegal Drive, Woodbury, appeazed and stated his plans aze to fix up the property. Ms. Moermond asked has he had a code compliance inspection conducted. Mr. Vue responded he has. The inspection has been done, but he only has a draft of it. Ms. Moermond asked is it a dangerous structure. Mr. Magner responded yes, based on the condition of the property. o� -3oy LEGISLATIVE HEARING MINiJTES OF MARCH 11, 2003 Page 14 Ms. Moermond asked has he pulled a building permit. Mr. Vue responded he tried to do that yesterday. The code compliance inspection was not ready, so he was not able to get the permit yesterday. He should be able to pull the permit today. Ms. Moermond asked has he done other kinds of rehabilitation projects like this. Mr. Vue responded he has. Mr. Ma�er responded he has done some before, but Mr. Magner wouid like to emphasize that the project has to be completed within the time frame of the bond and the yazd has to be maintained. Also, he cannot have occupancy until the code compliance has been signed off. Ms. Moermond stated he should work closely with the inspectors. This is a dangerous structure, and the City Councii is not likely to give any leeway. Mr. Vue responded the property is not in danger structurally. The first week, he cleaned out the whole house except for the basement. Mr. Magner responded it might not be in an immediate peril of collapsing, but a police officer partialiy fell through the front porch. The rear edition has rotted through to the point that a finger could be pushed through the siding. Ms. Moermond recommends granting the owner 180 days to complete the rehabilitation of the property. The properties listed below have already been ratified by the City Council. 367 Bates Avenue (J0207A) (No one appeared.) Racquel Naylor said the owner called and was not able to attend this hearing for health reasons but would like to appeal this. (A videotape was shown.) Ms. Moermond stated she would like to follow up with the owner. That can be done via telephone or scheduling an April hearing. So far the finding is that there was junk that needed to be removed. She needs to hear why this was not taken caze of in a timely manner and if she received notice. 713 Bedford Street (J0207A, J0207B, J0205V) (No one appeared.) Marcia Moermond recommends approval of the assessments. The meeting was adjourned at 11:53 a.m. rrn �� NOTES OF THE LEGISLATIVE HEARING LET"I`ERS OF DEFICIENCY, CORRECTION NOTICES, AND CORRECTION ORDERS Tuesday, March 11, 2003 Room 3.i0 City Hall, 15 West Kellogg Boulevard Mazcia Moermond, Legislative Hearing Officer The meeting was called to order at 1:35 p.m. STAFF PRESENT: Joe Buzicky, Pazks and Recreation; Steve Magner, Code Enforcement; Phil Owens, Fire Prevention; Steve Zaccard, Fire Mazshall 962 University Avenue West Nghi Huynh, owner, appeared and stated ABC Properties owns this building. Tt has two restrooms. The common restrooms have to be shazed. There has been a complaint that one unit blocks the door so the other tenant cannot use the restroom. Whenever the Asian Community Health Center opens, they have the right to open the restrooms; thexefore, providing another restroom is unnecessary because of the agreement between the tenant and the property owner. The inspector gave him a letter, and he showed the inspector the lease. Also, Mr. Huynh brought two copies of the lease relating to the restroom. Phil Owens reported this is a 5,000 square foot building with three tenants: two doctor's offices and one community center. Fire Prevention has received at least three complaints from people who use or occupy the building that the community center has no restroom facilities when the doctors' offices are closed. The agreement referred to by the owner has not been confirmed by the lease holders to City staf£ One of the lease holders indicates that when they are gone, the offices aze locked, and the people in the community center have no access to restroom facilities, which precipitated complaints that people have no place to go to the restroom other than outside on occasion. An inspector issued arders to come into compliance with Saint Paui Legislative Code Chapter 34 as well as Building Code Chapter 2905, which requires restroom facilities in a community space. Marcia Moermond asked are both restrooms accessible only through the doctors' offices. Mr. Owens responded there is a restroom available in each doctor's office, but when those offices are closed, they are not available. The information that was given was that the doctors' offices aze closed, locked, and secure; therefore, there is no access to the restrooms. There seems to be some debate as to if the community center can use the restroom facilities when the offices are open. Mr. Hunyh stated the front entrance, side entrance, wallcway, and the restroom have to be common azeas as specified in the lease. The clinic in the back hallway has a key. When they open the clinic, they open that restroom. The chiropractor in front opens that restroom. (Mr. Hunyh showed Ms. Moermond copies of the leases indicating that spaces, such as the restrooms and entryways, are considered to be shared.) �3�� NOTES OF TI� LEGISLATIVE HEARING FOR MARCH 1 l, 2003 Page 2 Ms. Moerxnond asked would the community center staff have a key to hand to people. Mr. Hunyh responded yes or they open it. Mr. Owens stated the code requires that the restrooms aze available in the facility. It is his understanding that they aze not. There is a secondary issue that the center is being mazketed and this is becoming a buyer-seller issue. The seller says everything is okay and the buyer says it is not, although Fire Prevention did not want to become involved in real estate issues. Mr. Hunyh stated this issue is not related to buying. The buyer is trying to create a problem. A certificate of occupancy has been issued for several years. There is no reason that now there is a problem. These lease happened in Febniary 2000. Both sides have already cleazed this issue. He can prove that the restrooms aze shazed by the two tenants. The three complaints are not from the customers but from the person and his lawyer who tried to buy the building. This person had 24 violations in the City of Fridley. He is hying to make problems. It is not relevant to the buying and selling. There are no complaints from the customers. Ms. Moermond stated two codes have been cited here. One can be dealt with at this hearing and the other cannot. If she were to grant a variance, she could only grant it to the Saint Paul legislative code. She cannot grant variances to the building code. Mr. Hunyh responded the clinic is now closed due to fmancial trouble. There are no customers. Ms. Moermond asked is there always restroom access. Mr. Hunyh responded he has the key. Ms. Moermond stated the origin of the complaint does not matter to the City, but whether the complaint is substantiated and if the owner is in violation of the code. There should be a restroom space available for more hours and consistenUy. She can recommend granting a variance from the City requirement unril the building is fully occupied again. If he wants to lease that space, he will have to have restroom space available for a11 three of the businesses. Mr. Owens stated all three businesses were open when he was there. Ms. Moermond responded that her understanding is one of the offices is closed and vacant at this time. Mr. Hunyh responded it is not vacant yet, but there is no operation of the business. Ms. Moermond asked was the space still being occupied even though the business is not operating on a daily basis. Mr. Hunyh responded yes. Mr. Owens stated he would not have an objection to a reasonable extension of time to comply. He suggested six months. Mr. Hunyh agreed. Mr. Owens stated he would like to stipulate that this issue would move forward if the building is sold. Mazcia Moermond granted an extension to September 30, 2003, to bring the property into compliance as stipulated in the Deficiency List dated February 18, 2003. If the present owner o� �� NOTES OF THE LEGISLATIVE HEARING FOR MARCH 11, 2003 Page 3 plans to sell the properiy before September 30, the property will have to be brought into compliance before it is sold. 2500 Crosbv Farm Road (Tunnel of Terror) The following appeared: Quin Kolb, li45 Highsite Drive, #ll4, Eagan, President of Saint Paul Jaycees; and David Grounds, 444 Cedar Street #1500, I,egal Counsel for the Saint Paul Jaycees. (Mr. Grounds submitted a booklet to Mazcia Moermond and Steve Zaccazd.) Mr. Grounds stated this booklet was just prepazed today, and Steve Zaccazd has not had a chance to see it. They are here on an appeal of an order by the Saint Paul Fire Marshall requiring an additional fire exit in the Tunnel of Tenar. They aze not d'asputing the need for the exit, but the time that is required to do the engineering study, the estimates, and to hire a crew to make the exit. Mr. Grounds talked previously with the fire inspector and is requesting a one year variance. In the meantime, they will hire some firefighters when the Tunnel of Terror is operating until they get the exit installed by near year's run. Steve Zaccard reported they have 250 people in this Tunnel of Tenor. By the fire and building codes, a place of assembly of 50 or more people has to have at least two exits. People could be as far back as 300 feet into this cave away from the entrance they came in. He would like to see an additional exit before they use the facility this fall. It is a distinct hazazd and he is concerned with only one way in and out. If they were granted an extension of time, one or two firefighters on watch should be a condition of granting an extension of time. Still, he would argue for the exit. Mr. Grounds stated they do not want to dig another exit tunnel that collapses on itself. They haue hired an engineering firm, but they haue not had time to give a visual inspection. That will take at least six months. Then, it will be a matter of hiring a firm that will do the excavation of the property. They have had contact with an excavator who has given them preliminary estimates between $75,000 and $150,000. The City of Saint Paul owns the property, but they have no money to help in this endeavor. If they are not allowed a variance, the Tunnel of Terror will be shut down. It has been in its existence for 22 years. It provides funding for a number of charities, which aze listed in the book. The book also contains letters of support from those charities. Mr. Kolb stated there is a lot to lose if this is shut down. He read in the paper that Mayor Randy Kelly wants organizations like theirs to take on the recreations centers for which he has cut funding. They are not able to do that if they cannot keep their chapter rucuiing. Mr. Grounds stated they have obtained a fire code expert, who is also at this hearing. This Fire Prevention inspection came at a result of the Jaycees own initiative. They have been running this Tunnel of Terror for 22 years. All the discussions in the past have been oral and nothing was in writing in order for them to know the tunnel is safe. �� NOTES OF THE LEGISLATIVE HEARING FOR MARCH 11, 2003 Page 4 Ms. Moermond asked were two firefighters sufficient to ensure the orderly evacuation if necessary. Mr. Zaccard responded it does not ensure that, but it should mitigate the need for a mass evacuation. If firefighters using their portable extinguishers can fight a fire in its incipient state, then there would not be a need for a mass evacuation; however, it does not a azantee any particular result. A further condition should be to comply with the rest of the correction orders they were issued before they open this fall. Mr. Grounds responded that is not an issue. Ms. Moermond asked is this okay with Parks and Recreation. Joe Buzicky responded it is okay. Ms. Moermond stated she will grant a three-year variance provided that when they aze in operation, two firefighters will be present. Ttus is with the understanding that the other items in the deficiency letter will be addressed. Mr. Zaccard responded he does not think it will take three years. Ms. Moermond responded she hears six months to do the engineering, and they probably won't dig next winter, which means maybe they will dig next year if the funding is together. She was trying to put some flexibility into it. Mr. Zaccard stated he would prefer a ruling before the business opens in 2004. They would have six months to evaluate and then all next spring and suminer to excavate and construct before they open in October 2004. Ms. Moermond responded she will split the difference. Ms. Moermond granted an extension to November 15, 2004, to provide an additional exit on condition that two firefighters will be present during the operation of this facility. The property will otherwise be in compliance with all other codes and ordinances as stipulated in the Deficiency List dated February 10, 2003. 1094 Loeb Street Calvin Burton, owner, 362 Ruthie Lane, Hudson, Wisconsin, appeared and stated the work orders have been taken caze o£ The property was registered vacant due to a water meter that was broke, and the gas was off. There was no tenant there and no complaints at the property for quite some time. One issue was linoleum. He thought it needed cleaning a little better. The inspector was going to show up one day. They waited three hours at the one property. The inspector called and said he would be a half hour late. They waited another three hours, and then the inspector called and said one of the tenants had hepatitis and the inspector would not be able to make it there. They could not turn the heat on until an Orstat Test was done, and they could not get the Orstat Test done until the gas was turned on. In the meantime, the water meter broke. A tenant was ready to move in on Section 8 and had belongings akeady there. Ms. Moermond stated it is not clear to her whether he is appealing the condemriation or the vacant building registration notice, but she thinks he is appealing the registration. Mr. Burton responded he is appealing both. Steve Magner reported this property was inspected by Lisa Martin (Code Enforcement) on November 20, 2002. At that time, a suminary abatement was issued for exterior violations, primarily storage in the yard. An inspection was conducted in December and numerous additional violations were identified. A correction notice was issued and the owner failed to get o�=�d� NOTES OF THE LEGISLATIVE HEARiNG FOR MARCH 11, 2003 Page 5 compliance. Code Enforcement then issued a condemnation, which is standard procedure. The building was condemned on January 28, 2003, and the property was placazded. When a building is unoccupied and condemned, it meets the definiuon of a registered vacant building. On the 28�', the vacant building inspector opened a file. Another sixmmary abatement was issued for gazbage and securing the building. They received a phone call from one of the owners. The owner on recard with Ramsey County is Ann and Rodney Burton. Based on common knowledge, Rodney and Ann are Calvin's brother and sister-in-law. Code Enforcement did not hear anything from any of the Burtons until the appeal was received. The appeal was taken 30 days after the date of the notices. Mr. Magner would request that the properry is brought up to code before occupancy is allowed based on the condemnation. He is looking for the code compliance inspection to be completed and permits pulled. The condemnation would be lifted after the work is done and legal occupancy is allowed. Ms. Moermond asked does he have a problem going through the code compliance inspection process. Mr. Burton responded that was not justified. The refuse was on the front porch in bags on a chair or couch. There was a tenant ready to move in. The new tenant needed belongings out of there and took the window off. He put a new storm and screen in there afterwazds. The kitchen floor had two holes that he patched. The other thing was windows, doors, and screens. The sanitation problem was due to things on the front porch. Those were the only items. They put new storms and screens on many of the windows that needed them. The kitchen floor was taken care of. He contemplated appeaFing that because it was an expensive linoleum and it was installed not too long ago. All the items on the list have been taken care of. He thought if it was registered vacant for 30 days, then he had to go through the code compliance. The tenant was on Section 8. He does not see the legitimacy of paying to go through a code compliance of six things that he considers minor. 1VIs. Moermond asked about a 30 day policy for code compliance. Mr. Magner responded that is strictly for the payment of fees. He has 30 days to return the vacant building registration form and pay the fees. His office would have no problem giving him another 30 days to bring the building into compiiance and holding off the enforcement of the fees, but they are concerned with the condition of this property since it has frozen and they believe there is more than one leak. They would like to see a code compliance inspection completed on this property. Code Enforcement has a long history with Mr. Burton going back to 1993. The City should not be in charge of managing his properry, such as issuing him orders to maintain the yard. Since November, inspectors have been out to this property on 13 occasions. Mr. Burton stated Section 8 does a thorough inspecfion. He is not going to let water ruin his buildings. He has good tenants and very seldom has a tenant call the City. These people aze homeless and staying temporarily in another place. They should be able to move into the property. The house was rewired. There was a new meter installed. Mr. Magner stated they could register the building today and the fee could be held off if that is what Ms. Moermond would like to do. Ms. Moermond responded it sounds like Code Enforcement would do that on their own without her recommendation because that is their policy. 0�-�4 �,� NOTES OF THE LEGISLATIVE HEARING FOR MARCH 11, 2003 Page 6 Ms. Moermond denied the appeal on the January 29, 2003, notices. She is concerned that the building has been frozen. In addition to the requirements of the Section 8 program, the City code needs to be met. Mr. Magner added that if the following is done within 30 days, the owner does not have to pay the vacant building registrarion fee: the code compliance inspection is completed, all the work is done from the inspecrion report, and the code compliance certificate is issued. J0207AAAAA Property clean-up at 2168 Minnehaha Avenue East. J0205VVVV Towing of abandoned vehicle at 2168 Minnehaha Avenue East. (TFus appeal was laid over from the this morning's hearing to accommodate the owner's schedule. There aze two summary abatements: the clean-up is $448.50 and the tow is $457.05.) Steve Magner reported he does not have the videotape with him. This was a sumuiary abatement to remove a refrigerator, paint cans, pails, vehicle doors, and debris around the house. The order was mailed on July 30, 2002, with a compliance date of August 6. A recheck was done on August 9. Parks and Recreation completed the work on August 21. They removed a refrigerator, 5 gallon pails, vehicle doors, and debris around the garage for $448.50. Marcia Moermond asked was this his home and was it condemned in June. Mr. Luedtke responded yes to both questions. Ms. Moermond stated the City came out in July and wrote up the problems on the exterior informing the owner to clean it up or the City will. Steve Magner added that July 26 was the day the inspection was conducted. A summary abatement order was issued to Fred Commers at 1320 Medora Drive, Mendota Heights and to James D. Luedtke at 2168 Minnehaha Avenue East. Ms. Moermond asked did he talk to them about the cleanup. Mr. Luedtke responded he called a couple of times to no auail. He would get a return call at 9:00 a.m. and that was about it. Ms. Moermond asked did he appeal the orders back in July. Mr. LuedUce responded he got a letter about paint cans, brush, etc. He did not realize the City would come out with five people, two armed police offices, break and enter, trespass, destroy his properiy, destroy his fence, push his Cadillac around with the Bobcat, and put deep ruts throughout his backyard. The City stole his work truck because he did not have $38 worth of tabs on it. Mr. Magner stated there was also a work order on a Chevy pickup truck. It had August 2000 plates. It would meet the definition of an abandoned motor vehicle according to state law 90 days after the tab expires. (Mr. Magner showed Ms. Moermond photographs of the cleanup. Mr. Luedtke looked at the photographs also.) Ms. Moermond stated he got the orders, he tried to call a couple of rimes, he was not available when they called back, and the City did the cleanup as the abatement order said they would. She asked did he file an appeal on the orders at that tune. Mr. Luedtke responded no. o� =�o� �� NOTES OF THE LEGISLATIVE HEARING FOR MARCH 11, 2003 Page 7 When he first got the order, stated Ms. Moermond, that would have been the point when they discuss was it right, wrong, and what the City should take. Now, it looks like the bill is for 1'/z hours of work. She will recommend that the City Council deny the appeal for the assessments. There is someone from Real Estate here that can make arrangements for payments more reasonable. Mr. Luedtke responded that sounds good, but he asked about getting reimbursed for the smoke house that was stolen off the property, his work truck, the gate that was wrecked, and the yard destroyed. Ms. Moermond responded he needs to go to the Office of Risk Management and file a claun against the City. Mr. Luedtke asked were there any photographs taken of the yazd with ruts or the Cadillac creased. Ms. Moermond responded there is a photograph showing some rutting. Mr. Luedtke asked was all this legal with breaking and entering and destroying the properiy for no good reason. Mr. Magner responded he would not put it in that realm. The City issued a legal notice which would be a summary of an abatement, in which they declared the property to be a nuisance. Mr. Luedtke stated the City generated a bill of over $700 for a$70 tab issue over a truck with a flat tire. Mr. Magner asked did he reclaim the vehicle at the Impound Lot. Mr. Luedtke responded he did not know who had it. Mr. Magner stated he had a conversation with one of the inspectors who said that he had spoken to Mr. Luedtke and specifically indicated the vehicle was impounded. Ms. Moermond recommends approval of both assessments. This will be a public hearing before the City Council on March 26 and he can address the Council at that time. (Note: Racquel Naylor mailed the owner a claim application on Mazch 11.) 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