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03-410City of St. Paul COUNCIL FILE NO. � 3��Q RESOLUTION RATIFYING ASSSSSMENT By "_� � � O . File No. SEE BELOW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for 2 J0207AAAA (9911) Summary abatements (property clean-up} for property located at 837 Fourth St. E. LAID OVER BY LEGISLATIVE HEARING OFFICER ON 3-25-03 TO 4-23-03 LEGISLATIVE HEARING WILL BE 4-8-03 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. RESOLV$D FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. COUNCILPERSON Yeas Nays ✓3�enanav v�lakey �ostrom �-e'oleman Abx. — Harri s �Lantry �eiter � In Favor O Against � t�bs�w�" Adopted by the Council: Date a�' 3 aG� Certified Passes by Council Secretary 1 To Leg"islative Hearing Officer - 4-8-03 Public Hearing Date - 4-23-03 T.M.S./REAL ESTATE DIVISION Date: ontaM Person and Phone Number: Roxanna F7ink � 266-8859 us[ be on Councii Agenda by: ust be in Coancil Researc6 Ofrice 4/2/03 � Green Sheet Number: 204139 arro�r :ET DIItHCTOR & MGT. SVC. DIR noon on Friday public hearing is 4-23-03 � I µ�+*ux��xwa�uiwrli� I 1�wra u.xeanucaa I DTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: At Legislative Hearing Officers request on 3-25-03 this item was laid over to 4-23-03, Summary abatements (property clean-up) for property located at 837 Fourth St E. File J0207AAAA. PLANNING COMMISSION CIVII. SERVICE COMMLSSION CB COMMI'ITEE rfs whidh Council Objective Neighborhoods A STAFF 1. Has tM1e persoNfrm ever worked under a cootraM for this department? Code A Enforcement • Has this person/firm ever been a CiTy employee? . Does this persoNfirm possess a sldll not normaily possessed by any L� current City employee? Explain all YES answers on a separate sheet and attach. Ward 2 NG PROBLEM, ISSUE, OPPORTONITY (Who, Whay When, Where, Why?): "SEE ORIGINAL GREEN SHEET NUMBERS 204035" IF APPROVED: IF APPROVED: I I�Y�[I➢ II� � 7:iQ'I �l �� AMOUNT OF TRANSACTION: $Q92.00 COST/REVENUE BUDGETED (CIRCLE ONE) c souxcE: Assessments only ACTNITY NUMBER: 'IAL INFORMATTON: (EXPLAIN) 1 uronertv owner will be notified of the uublic hearine and char¢es. YES NO YES NO YES NO YES NO City of St. Paul Real Estate Division Dept. of Technology & Management Serv RSPORT OF COMPLSTION OF ASSESSMENT O� -4 �o COUNCIL FILE NO. Fi1e No. SEE BELOW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for 2 J0207.AAAA (9911) Summary abatements (property clean-up) for property located at 837 Fourth St_ E. LAID OVER BY L£sG25LATIVE HEARING OFFICER ON 3-25-03 TO 4-23-03 LEGISLATIVfi HEARING WILL BE 4-8-03 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 $447.00 $ $ $ $25.00 $20.00 $492.00 $492.00 Said Valuation and Assessment Engineer further reports that he has assessed and Ievied the total amount as above ascertained, to-wit: the sum of 5492.00 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�hereon as may be considered proper. �._n /1 Dated � - � - D� and Assessment Engineer � � � � w a � a W L7 � � ri N T x H £ � a M O 0 0 � N � ti � N ia qi� H 1 O N rl F � N 1 [�x] � N 4L � N o � cK � m a�N � r� � r� i W� o 0 0 0 0 � [ti i o 0 o II o i z � •�� •� a � L� ¢t O II N i O� C N N 11 O� 1 � i �XS?[n II C i m n ir i II i a �� p � n �,+ i n i � ; II i 11 i W i II U] � o0 0 [� i 000 H � O O O 'j 1000 .'J I [� ri ri a a� � o�c F U � w W�000 i [ � i o 0 0 rt � o00 w � .y vi o E N N i H � 1 I I ' I I I I I a •ww � w�nc� F x w � �CEa � �wox � FC U V i z � a+xw � o��w� � H�Ex> U � £VR.' � RC � a W W i W i (n W' [f] i � i i i • i o�oz H � H H I E � a1 � a�N H I� W N i x��a Hr� c i w� z� i W� 5 W N i Qim NW i cn a N � u]E^•4FC W � H � - cn .7 W f] � ce � a waa � W�Om WOi W � Hioh o�� x a � o • H+ a � a aoo 0 �aza a� � � N ; i o � � i m � o i c � ti � � [t,' � vl o � w � �o � >+ i o •• i W i 2 u�i WO i � OW �n F � .�-lE2� i ce � a` � � � .]E aw� � w�x z�u� Mw� 3��MH�a� o� mm.�� 0 0 o I i o 0 0 o I� o • II f� ttl O II N C N N I I O l C i?+? II w vr n vr � n �� u n n n II II n u a n � W W II H�aii � E � II ro o x n u� U U �� il � x w n a W U V II rt� � [p H II H x>no �uanF u� uH II U aaanw aaa��h E F H n O 000na E. E. E+ n a � � a w U � a E a E W x W 0 � a � U Q W ti 03 -y�o �poxT o3 -y�O Date: May 13, 2003 Time: 10:00 a.m. Place: Room 330 City Hail 15 West Kellogg Boulevard LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Mazcia Moermond I,egislative Hearing Officer 1. Laid Over Summary Abatements: J0207AAAA Property cieanup at 837 Fourth Street East• JOTRASH3QA Provide weekly garbage hauling service at 712 Hawthorne Avenue East; J0207A1AB Property cleanup at 712 Hawthorne Avenue East. � 837 Fourth Street East I,egisiative Heazing Officer recommends approval of the assessment. 712 Hawthorne Avenue East Legislative Hearing Officer recommends approval of both assessments. 2. Property cleanup for Kent and Front. (J0207A2) (Note: this assessment has already by ratified by the City Council. It was refened back to the Legislative Hearing Officer by Councilmember Reiter's Office.) L,egislative Hearing Officer recommends deleting the assessment. 3. Summary Abatemettt: J02TRASH4Q Provide weekly garbage hauling service for the fourth quarter of 2002; J0302B Boarding-up of vacanY buildings for February 2003; J0302A Property clean-up for part of January 2003 to part of March 2003; J0301SNOW Snow/ice removal and/or sanding of walks from February 2003 to March 2003; and J0301V Towing of abandoned vehicles from private property for October 2002. 775 Maryland Avenue East (J02TRASH4Q) Legislarive Hearing Officer recommends laying over to the May 27, 2003, Legisiative Hearing. iO4 Larpenteur Avenue West (J02TRASH4Q) Legislative Heazing Officer recommends laying over to the May 27, 2003, Legislative Hearing. 1004 Bush Avenue (J0302A) Legislative Heazing Officer recommends laying over to the May 27, 2003, Legislative Hearing. 05 -`��o LEGISLATIVE HEARING REPORT OF MAY 13, 2003 Page 2 480 Sidnev Street East (J0302A) Legislative Hearing Officer recommends reducing the assessment from $456.50 to $311.50 plus the $45 administrative fees for a total assessment of $356.50. 112 Manitoba Avenue (J0301� Legislative Hearing Officer recommends spreading the assessment over a five yeaz period. 1135 Bradlev Street (J0301 V) Legislative Hearing Officer recommends approval of the assessment. 1756 Beech Street (J0301 V) Legislative Heazing Officer recommends approval of the assessment. 493 Blair Avenue (J0301 V) Legislative Hearing Officer recommends approval of the assessment. 897 Canoll Avenue (J0301 V) Legislative Hearing Officer recommends spreading the assessment over a five year period. 608 Case Avenue (J0301 V) - Legislative Hearing Officer recommends approval of the assessment. 1523 I�lehart Avenue (J0302A) Legislative Hearing Officer recommends approval of the assessment. 1539 Iglehart Avenue {J0302A) Legislative Heazing Officer recommends approval of the assessment. 955 Jenks Avenue (J0301SNOV� Legislative Hearing Officer recommends approval of the assessment. 860 Lawson Avenue East (J0301 V) Legislative Hearing Officer recommends spreading the assessment over a five year period. 1459 Matilda Street (J02TRASH4Q) Legislative Hearing Officer recommends reducing the assessment from $270 to $90 plus the $45 administrative fees for a total assessment of $135. 554 Minnehaha Avenue West (J02TRASH4Q) Legislative Hearing Officer recommends spreading the assessment over a five yeaz period. 873 Newcomb Street (J0301V) Legisiative Hearing Officer recommends approval of the assessment. oz -y�� LEGISLATIVE HEARING REPORT OF MAY 13, 2003 Page 3 1176 Reaney Avenue (J0302A) Legislative Hearing Officer recommends reducing the assessment from $288 to $99 plus the $45 administrative fees for a total assessment of $144. 433 Sherburne Avenue (J0301 V) Legislative Hearing Officer recommends deleting the assessment. 501 Sherburne Avenue (J0302A) Legislative Hearing Officer recommends approval of the assessment. 608 Wells Street (J0301 V) Legislative Hearing Officer recommends spreading the payment over a five year period. 1451 Enelewood Avenue (J0301 V) Legislative Hearing Officer recommends approval of the assessment. 253 Fuller Avenue (J0301 V) Legislative Hearing Officer recommends approval of the assessment. 661 Western Avenue North (J0302B) Legislative Hearing Officer recommends approval of the assessment. 707 Marvland Avenue East (J02TRASH4Q) Legislative Hearing Officer recommends approval of the assessment. 928 Marvland Avenue East (J0302A and J0302B) (Note: also see the appeal of the Summary Abatement Order.) Legislative Hearing Officer recommends laying over both assessments to the June 10, 2003, Legislative Hearing. 712 Hawthorne Avenue East (J02TRASH4Q) (Note: also see the two assessments laid over from previous legislative hearings.) Legislative Hearing Officer recommends approval of the assessment. 1070 Mazgazet Street (J0301 V) Legislative Heazing Officer recommends laying over to the May 27, 2003, Legislative Hearing. 1688 York Avenue (J0301 V) Legislative Heazing Officer recommends laying over to the May 27, 2003, Legislative Heazing. 4. Appeal of Summary Abatement Order at 92$ Maryland Avenue East. (Note: this order has already been corrected by the City. Also being appealed are two assessments from Files J0302A and J0302B.) Legisiative Heazing Officer recommends laying over to the June 10, 2003, Legislative Heazing. LEGISLATIVE HEARING REPORT OF MAY 13, 2003 o� -'ilo Page 4 5. Property cleanup at 663 Aurora Avenue. (J0207A) (Note: this assessment has already been ratified by the City Council. It was referred back to the Legislative Heazing Officer by Councilmember Blakey's Office.) Legislative Hearing Officer recommends reducing the assessment from $288 to $168 plus the $45 administrative fees for a total assessment of $213. 6. Appeals of Summary Abatement Order and Vehicle Abatement Order at 1483 Rice Street Legislative Hearing Officer recommends laying over to the May 27, 2003, Legislative Hearing. rm To Legislative Hearing Officer - 2-I 1-03 Public Hearing Date - 2-26-03 T.M.S./REAL ESTATE DIVISION Date: act Person and Phone Nu�nber: / Roxanna Flink� � 266-88�9 n n� at be on Council Agcnda by: 1 ist be in Council Rescarch O[fice noon on Friday 1-17-�3 OTAL # OF SIGNATURE PAGES 1 1/3/03 �� bz -�i Green Sheet Number: 204035 EPART�fE\"I' DIRECTOR [TY AITORVEY UDGET DIREC[OR ♦I.4Y'OR (OR ASSISTA\"I') ALL LOCATIONS FOR COCNCIL ' CLERI: & JIGT. S�'C. DIR. \CIL RESEARCH )N REQUESTED: Set dafe of pubiic hearing and approve assmts for tiveekly garbage hauling service for third quarter of 2002, Demolitions of bldgs. 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 J02TRASH3Q, J0204C, J0207A, J0207B and J0203G. PLANA'i\C CO?I V ISSIOV CIVILSERVICE CO�lli(SSIO\ CIB CON�I ITfEE rts whidh Council Objecti�c Neiehborhoods A STAFF Code A Enfor<ement A ��acantbldg �Vard 2 ITI:A"1'NG PROlfl,l;��l, ISSlili, OPPURT0.U9l' (R'ho, �A'hat, ��'hen, R'hcrq R'h}'.'): E<plain all YES ans�vers on a separate sheel and attach. 1'ES 1'ES 1"ES Property owners or renters create a health hazard at various times throughout the City of Saint Paul when their property is not kept up 1GES IF APPRO�'ED: Cost recovery programs to recover expenses for Garbage hauling, Demolitions, Summary �batements, Boarding-up nnd Grass cutting. This includes cutting tall grass and ��eeds, hauling away all garblge, debris, refuse �nd tires. Also, all household items such as refrigerators, stoves, sofas, chairs and all other items. In winter this includes the removal of snofv and ice from �;Aewalk and cross walks. __ NTAGES IF APPRO�'ED: - If Council does not approve these ch�rges, General Fund would be required to pay' the assessment. Assessments are pnyable over 1 or 10 years and collected with the property taxes if not A�TAGF.S IF \OT APPROVED: Neighborhoods would be left to deteriorate and property values would decline. P�obody would take care of their property, especially vacant or rental properties. Rodents, filth, garbage and trash would accumulate everywhere Disease and pests could become a problem. 'AL AAIOU\T OF TR.4\SACTIOY: $22(�3O"J.a$ COST/REVENUE BCDGE'I'ED (CIRCLE O�E) YES �i�csouace: Assessments only VCIAL I\FOR>IATIO\: (EXPLAIN) 259 nropert�� ofvners will be notified of the Has the person/firm ever worked under a eontract Cor [his department? Has Ihis person/firm ever been a City employee7 Does this persoNfirm possess a skill not normally possessed bp any current City employee'. ACTIVITY NU�IBER: and REPORT 63 —��O Date: Apri18, 2003 Time: 10:00 a.m. (130 p.m. for 929 Albemazle) Place: Room 330 Ciry Hall 15 West Keilogg Boulevard LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDENINATIONS, SUMMARY A$ATEMENT ORDERS, ABATEMENT ASSESSMENTS Marcia Moermond I,egislative Hearing Officer 1. Appeal of Vehicle Abatement Order at 976 Minnehaha Avenue East. Legislative Hearing Officer recommends changing the compliance date to Apri129, 2003, on the March 20 Vehicle Abatement Order. 2. Laid over summary abatement from February 11, 2003: J0207AA 1125 Beech Street Legislative Hearing Officer recommends reducing_the assessment from $326 to $181 pius the $45 administrative fees for a total assessment of $226. 3. Laid over summary abatements from March 25, 2003: � J0207AAAA Cieanup of property at 837 Fourth Street East Legislative Hearing Officer recommends approval of the assessment. 4. Laid over summary abatements: J0206W Towing of abandoned vehicles from 1130 Abell Street; J0207A2AA Property cleanup at 657 Lawson Avenue East. 657 Lawson Avenue East Legislative Hearing Officer recommends spreading the assessment over a five yeaz period. 1130 Abell Street Legislative Hearing Officer recommends approval of the assessment. 5. 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 over from 3-25-03) Legislative Hearing OfFcer recommends laying over to the Apri122, 2003, Legislative Heazing. 03 -`t to LEGISLATIVE HEARING REPORT OF APRIL 8, 2003 Page 2 6. Resolution ordering the owner to remove or repair the property at 718 Sherburne Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 3-25-03) Legisiative Heazing Officer recommends granting the owner 180 days to complete the rehabilitation of the property provided the following is done by noon of Apri123, 2003: 1) Provide evidence of a cleaz tide for the property, 2) Provide purchase agreement with a developer, 3) Post a$2,000 bond with the Office of License, Inspections, Environmental Protection; 4) Pay the current vacant building fees and real estate taxes, 5) Provide a plan indicating how all the items on the Code Compliance Inspection report will be completed, 6) Show evidence of financial ability to complete the repairs on the plan. 7. Summary Abatement J0301B Boarding-up of vacant building for part of December 2002 and all of January 2003; J0301C Demolitions of buildings from January 2003 to February 2003; J0301A Property cleanup for part of December 2002 to part of January 2003. (Note: 929 Albemarle Street will be heard at the 1:30 meeting.) 509 Glendale Street (J0301A) Legislative Hearing Officer recommends laying over to the Apri122, 2003, Legislative Hearing. 773 Frank Street (J0301A) Legislative Hearing Officer recommends laying over to the April 22, 2003, Legislative Hearing. 701 Burr Street (also known as 699 Burr Street) (J0301A) Legislative Hearing Officer recommends approval of the assessment. 707 Marvland Avenue East (J0301A) Legislative Hearing Officer recommends approval of the assessment. 369 Fuller Avenue (J0301A) Legislative Hearing Officer recommends approval of the assessment. 1130 Minnehaha Avenue West (J0301A) Legisiative Hearing Officer recommends approval of the assessment. 899 Palace Avenue (J0301A) Legislative Hearing Officer recommends approval of the assessment. 922 Woodbridge Street (J0301A) Legislative Hearing Officer recommends approval of the assessment. LEGISLATIVE HEARING REPORT OF APRIL 8, 2003 929 Albemarle Street (J0301A) Legislative Hearing Officer recommends approval of the assessment. �'..� 9. 10. � Appeal of Summary Abatement Order at 690 Chartes Avenue. O� -4\D Page 3 Legislative Hearing Officer recommends changing the compliance date to May 8, 2003, of the March 20 Suminary Abatement Order. Resolution ordering the owner to remove or repair the property at 1269 Coach Road. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends approvai of the resolution. Appeal of Summary Abatement Order at 582 Charles Avenue. Legislative Heazing Officer recommends changing the compliance date to May 8, 2003, on the March 20 Sumuiary Abatement Order. O? -`�1� LEGISLATIVE HEARING MINUTES OF APRIL 8, 2003 Laid over summary abatements from March 25, 2003: J0207AAAA Cleanup of property at 837 Fourth Street East (No one appeazed.) Page 3 Marcia Moermond recommends approval of the assessment. This has been rescheduled three tunes; therefore, it has been scheduled for four hearings. Laid over summary abatements: J0206W Towing of abandoned vehicles from private property at 1130 Abell SYreet; J0207A2AA Property cleanup for property located at 657 Lawson Avenue East. 657 Lawson Avenue East (Tchu Yajh provided a interpreting service for this property.) The following appeared: Mai Thao and Chao Xiong, owners. Mazcia Moerxnond stated the City removed a refrigerator from the backyard of this properiy. Ms. Thao responded that is correct. Ms. Moermond stated the total assessment is $300. Ms. Thao asked could it be reduced. Ms. Moermond asked would it help to have payments made over time. Ms. Thao responded she would like to ask some questions. Also, she and her husband were separated at this time. Ms. Moermond asked did she receive an order from the City to take care of the refrigerator. Ms. Thao responded no. Harold Robinson responded the notice was mailed to Mai Thao and Chao Xiong at 657 Lawson. No mail was returned. ReTrigerators aze touchy items. Code Enforcement does not give a long time to comply. Ms. Moermond asked was the door attached. Mr. Robinson responded he is not sure. The notice was mailed on October 22, 2002, with a compliance date of October 28. Ms. Thao stated she was there was when the City was videotaping. (A videotape was shown.) Ms. Moermond asked does she understand the public safety risk of a refrigerator with the door attached. Ms. Thao responded she understands it is a danger. She could not carry it herself, so she was waiting for the weekend when her brother could come and help her carry it. Before she could do it, the City picked it up. ' oa -v�o NIINiJTES OF TF� LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIIt, CONDEMNATIONS, SiJMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Tuesday, Apri18, 2003 Room 330 City Hall, 15 West Kellogg Boulevard Mazcia Moermond, LegisIative Hearing Officer STAFF PRESENT: John Betz, Code Enforcement; Roxanne Flink, Real Estate; Fallon Kelly, Code Enforcement; Steve Magner, Code Enforcement; Hazold Robinson, Code Enforcement; Tchu Yajh, Planning and Economic Development � Appeal of Vehicle Abafement Order at 976 Minnehaha Avenue East. Marcia Moermond stated the City wrote a vehicle abatement order to remove the vehicle from the properiy because it did not have current tabs. She asked does it have current tabs now. . Elvis Abanonu, owner, appeared and stated it does not have current tabs. The problem is that it belon�s to his younger brother who is away in medical school. Mr. Abanonu does not have the insurance papers to change the tabs. Also, it would be a financiai burden on Mr. Abanonu because he is a full-time law studenY and cannot afford the tabs. He does not have the insurance information yet to the car, although his brother said he would fax it. He will be back this summer and wili take care of the task. Ms. Moermond stated there are two expenses: the cost of the tabs and the cost of towing it off the property which would be much greater. It seems to be on an approved surface. She asked about how much tabs are. Mr. Robinson responded it would be under $100. Ms. Moermond recommends changing the compliance date to Apri129, 2003, on the Vehicle Abatement Order dated March 20. This will give Mr. Abanonu three more weeks to get current tabs on the car. All he needs is the insurance numbers to update the tabs. Mr. Abanonu responded he will call his brother and get the numbers by the new compliance date. Laid over summary abatement from February I1, 2003: J0207AA 1125 Beech Street Keith Pederson, owner, 882 Payne Avenue, appeazed and stated he is not sure what is going on, and he is here to find out. Harold Robinson reported an order was issued on July 18, 2002, a work order was sent on August 8, and the property was cleaned up on August 16. Orders were mailed to Mr. Pederson at 882 Payne and Occupant at 1125 Beech. Mr. Pederson staTed he received no notice. He has been at that address for 20 yeazs. His trash hauler noticed someone dumped trash there and called in to get authorization to pick up the extras. i 125 Beech was vacant. The longest the trash was there was a week. There was trash Oa -y.lo LEGISLATIVE HEARING MINiJTES OF APRIL 8, 2003 Pa�e 2 there from the move out. After that was picked up, someone else dumped on the property, and the hauler picked it up again. He goes there every week to pick up. He was not even aware there was any trash out there until he got the hearing notice for the assessment. Ms. Moermond asked was there a correction order. Mr. Robinson responded a stunmary abatement was sent on July 18 and a reinspection was done on July 30. They have a photograph of the refuse and a videotape of the cleanup. No mail was retumed. Ms. Moermond stated it is the City's responsibility to mail things to the address listed. Staff is telling her that they did and it did not come back in the mail. Their obligation is fulfilled. Regardless, it is th� o��rer's responsibility to keep the property cleaned up. Mr. Pede:son responded he does. It had to be different trash that was picked up than what was on the notice. ' (A videotape was shown.) Mr. Pederson stated his records show his hauler went back two days later on July 22 because there was so much trash he could not do it on his regulaz route. It would have been a week and two days from them noticing the trash. If someone came along on July 23 or thereafter, that is a new incident. It could have been dumped there on the 6`". Ms. Moermond asked were there specifications on the work order about what needed to be picked up. Mr. Robinson responded items and debris from the backyard area. On the original summary abatement order issued on July 17, the debris and refuse was still there. He laid it over because it looked like it was set out for pick up. He gave an extension of a week. He went back on August 8 and it was still there. Mr. Pederson responded it was not trash. He has a bill showing that it was picked up on July 22. (Ms. Moermond looked at the paperwork.) Ms. Moermond asked was furniture mentioned in the original abatement. Mr. Robinson responded the order has "discarded fumiture" on it. Mr. Pederson stated most of the inspectors call him on the telephone. If he had received a notice, he would have taken care of it within 24 hours or he would have called the inspector. There are two separate incidents here: they issued an order which he never received and he picked it up anyway, subsequent to that pickup, they got another deposit by another neighbor. Ms. Moermond recommends reducing the assessment from $326 to $181 plus the $45 Administrative fees for a total assessment of $226. There is enough information here for a decrease, but not more than that. Clearly the hauler picked up the furniture, but the City is seeing other types of garbage and refuse in that azea. The inspector says these are the same materials. She is glad that he has a good relationship with the inspectors and they call him, even though they are not obligated to do that. LEGISLATIVE HEARING MIlVLJTES OF APRIL 8, 2003 Page 4 Ms. Moermond stated the assessment needs to be paid. The City did the work. Kids do suffocate in refrigerators with doors attached. Had the refrigerator had a chain azound it or if the door had been removed, it would be a different situation. Staff acted correctly in moving quickly to take care of ttus situation. Someone from Real Estate can help her with payment arrangements. Iv1s. Thao stated the door was on the bottom. Mr. Robinson responded it looked like the door was on the right side. Ms. Moermond concurred with Mr. Robinson. Mr. Robinson stated it doesn't matter anyway. There was refuse and debris and notice was given. Everything was done properly. Ms. Thao stated she does not understand why it was so much to.remove the refrigerator. Mr. Robinson responded there is a one-hour minimum of $225, plus the haulin�, disposal of the appliance, and the administrative fees. Roxanna Flink explained the payment options, interest, and billing procedures. Ms. Moermond recommends spreading the assessment over a five-year period. 1130 Abell Street James Swartwood, 5537 Dupont Avenue South, and P.O. Box 17255, Minneapolis, appeared and stated he corrected the situation and took appropriate action at the time. This was rental property, and he reminded the renter this was a violation of his lease. When the renter failed to remove the vehicle, Mr. Swartwood gave him a notice and evicted him. Marcia Moermond stated there was a citation to Mr. Swartwood issued for having an unlicensed vehicle on the property and he was found guilty. The citation was because the properry owner had it stored on the property. When she looks at these things, she considers if it is the responsibility of the taxpayers or the owner of the property. If he had called a private tow company to have it removed, it would have been a lot cheaper. Mr. Swartwood stated the building did not do anything wrong. The car was the renter's property. Ms. Moermond responded 1130 Abell is Mr. Swartwood's property. Mr. Swartwood stated the property is 1130 Abeli, but the caz was Mr. Chavez's car. If it was left in the park or on the street, Mr. Chavez would get a tag for it If he does it on the property, Mr. Swartwood gets a tag for it. Mr. Moerniond responded that is true, but Mr. S�vartwood had the violation of having the car there, he knew it was there, he received the correction order way ahead of time. He was responsible and could have made arrangements to have it towed, he didn't, and he waited for the City to do it. ' Ms. Moermond recommends approval of the assessment. qa -y►o LEGISLATIVE HEARING MINLJTES OF APRIL 8, 2003 Page 5 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 3-25-03) Bob Volden, 1817 Van Buren Street, appeazed and stated he is here to answer questions. Marcia Moermond stated this will go to the City Council on Apri123. She has given the owner a few months to deal with this issue. She understands that two weeks ago, the owner (Joseph Odens) was two-thirds of the way through the repair list that he worked out with Andy Dawkins, Director of Code Enforcement. Mr. Dawkins told Ms. Moermond yesterday that he walked through the buildin„ and there was a little work that needed to be done before the owner could occupy the first floor. Ms. Moermond would like to see a lot of progress before the City Council's Public Hearing on April 23. The owner needs to talk to Andy Dawkins about how to get done with this. In order to pull permits, a$2,000 bond will need to be posted. The City Council could opt to waive that requirement. Mr. Volden responded the minor items are almost all finished. Ms. Moermond recommends laying over to the April 22, 2003, Legislative Hearing to finalize recommendations. This matter will be on the City Council Public Hearing agenda far April 23. Resolution ordering the owner to remove or repair the Qroperty at 718 Sherburne Avenue. £I the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 3-25-03) Justine Maine, 28231 Johnson Lane, Chisago, Minnesota, appeared and stated he has the deed and vendor's interest transferred into his name. He has copies of those. He can get certified copies later. He also has a notice of cancellation of the contract-for-deed. The dissolution of contract is about the same thing. Colleen Wilkes, 5383 Stacy Trail Lot #122, Stacy, Minnesota, appeared and stated she has not been served with any papers and has talked to an attorney. Mr. Maine responded this is not the time and place to contest that. (Steve Magner viewed the paperwork.) Mr. Maine stated his investor has a letter of intent and financing in order to repair and bring the property up to living standards. Marcia Maermond asked does he have a purchase agreement. Mr. Maine responded he does. He can get a letter from his closing company that this is clear. Ms. Wilkes responded it cannot be clear if she was not served. Mr. Magner asked is there a letter from his title company that he has free and clear title to this property. Mr. Maine responded no, but he can get one. 0� —y.t0 LEGISLATIVE HEARING MINUTES OF APRIL 8, 2003 Page 6 Mr. Magner suggested a recess so that his office can contact the title company and review these documents before proceeding. (This issue ��as discussed again about 30 minutes later.) Ms. Magner stated that based on the information that Fallon Kelly received from NIr. Maine's title company, it appears there is still not clear ownership on this property. It is Mr. Magner's recommendation that this go to the City Council public hearing on Apri123. If a bond was posted and a clear title produced, it would be re-evaluated by the City Council. Mr. Maine asked how long it would take to get a certified copy when it is done with at the court system. Fallon Kelly responded the closing company has not received anything. Mr. Magner stated that Mr. Maine is seeking legal advice, and the City cannot give that to him. Ms. Wilkes stated she has not had an opportunity to take caze of the properiy, and she did not know he had taken over the contract. Mr. Maine responded he is not legally obliged to notify her. Ms. Moermond stated Ms. Wilkes will continue to get notices as an interested party. Ms. Wilkes stated she would Iike to speak with Ms. Moermond privately. Information is not being sent to her correct address. Ms. Moermond responded she will not speak privately on matters in Legislative Hearings. (Note: Ms. Wilkes left her address on the sign-in sheet.) Ms. Moermond recommends granting the owner 180 days to complete the rehabilitation of the property provided the following is done by noon of April 23, 2003: 1) Provide evidence of a clear title for the property, 2) Provide purchase agreement with a developer, 3) Post a$2,000 bond with the Office of License, Inspections, Environmental Protection; 4) Pay the current vacant buiiding fees and real estate taxes, 5) Provide a plan indicating how all the items on the code compliance inspection report will be completed, 6) Show evidence of financial ability to complete the repairs on the plan. Summary Abatement J0301B Boarding-up of vacant buildings for part of December 2002 and all of January 2003; J0301C Demolitions of buitdings from January 2003 to Februan� 2003; J0301A Property cleanup for part of December 2002 to part of January 2003. (Note: 929 Albemarle Street will be heard at the 1:30 meeting.) 509 Glendale Street (JO.i01A) Paul and Kathy West, owners, appeared. Ms. West stated she returned the areen card. (�� -y �o LEGISLATIVE HEARING MINUTES OF APRIL 8, 2003 Page 7 Marcia Moermond recommends laying over to the Apri122, 2003, Legislative Hearing as Code EnforcemenY does not have the files available on this properiy, even though the owners say they returned the green cazd. 773 Frank Street (J0301A) Tong Pao Vang, owner, appeared. Marcia Moermond recommends laying over to the April 22 2003, Legislative Hearing as Code Enforcement does not have the files available on this property. 701 Burr Street (also known as 699 Bun Street (J0301A) (No one appeared.) Marcia Moermond recommends approval of the assessnent. 707 Marvland Avenue East (J0301A) (No one appeared.) Mazcia Moermond recommends approval of the assessment. 369 Fuller Avenue (J0301A) (No one appeared.) Marcia Moermond recommends approval of the assessment. 1130 Minnehaha Avenue West (J0301A) (No one appeared.) Marcia Moermond recommends approval of the assessment. 899 Palace Avenue (J0301A) (No one appeared.) Marcia Moermond recommends approval of the assessment. 01 ��llb LEGISLATIVE HEARING NIINUTES OF APRiL 8, 2003 922 Woodbridge Street (J0301A) � Mazcia Moermond stated there was an accuxnulafion of refuse on the property. The City cleaned it up for $288. Donna Kapaun, 258 Mayfair Road, appeared and stated she has no problem with what the City did. She is trying to stay on top of the tenants. She would like to see the videotape. Her main concern is when she received the smnmary abatement order on a Saturday, she called Lisa Martin (Code Enforcement) on Monday and Tuesday, and Ms. Martin never returned the phone calls. Ms. Kapaun called the main number and finally got Ms. Martin's mailbox. It was getting close to the inspection date and the voice mail said she would be out of the office. Ms. Kapaun called the main number again and spoke to John Betz. She told him that she got the notice on the tenth and the cleanup was suppose to be done on January 13, she could get the garbage done, but there was no way she would get the repairs made. Finally, Ms. Martin called the day they were cleaning up the properiy and said she was returning the calls from the previous week. Ms. Moermond asked did she leave a message. Ms. Kapaun responded she left several messages on Ms. Martin's voice mail and never got through. Then, she calied the main nu.-nber. That person put her through to John Betz who did not understand �vhy she was put through to him because he was not her supervisor. Ms. Kapaun stated the roof is deteriorated, but it is not leaking. The inspector says the interior walls are defective. On the gazage, there are two areas that need repair. The roof has alraady been replaced. She is readir.g from the correction notice that is associated with this cleanup. (Ms. Moermond looked at the correction notice.) Ms. Moermond stated these are two different things. The correction notice speaks to structural issues. The abatement is just about the garage and refuse. Mr. Betz stated that Ms. Martin indicated she received phone calls and attempted to return the phone call on January 15 and there was no answer and no voice mail. Ms. Kapaun responded that was after the inspection date of the January 14. She had left several messages that she needed to speak with Ms. Martin before the 14` Mr. Betz stated the property was cleaned on the 21 �` by the City. Ms. Kapaun stated she has a letter from the tenant saying that she picked it up. (A videotape was shown.) Ms. Kapaun stated she did not see any refuse other than some paper laying ar`ound that the wind could have brought in. C)3 -'110 LEGISLATIVE HEARING MINUTES OF APRIL 8, 2003 Page 9 Ms. Moerxnond asked does she have regulaz gazba�e collection service. Ms. Kapaun responded yes. Gazbage was scheduled to be picked up the day after the City picked it up. She has had problems with a neighbor who is dumping on her properiy. She does plan to put up a wall to prevent his overlay from coming onto her proper[y. Ms. Moermond stated the summary abatement notices were mailed on January 9. There was still a seven day lag time. Ms. Kapaun responded she called her everyday. She did not call her after Ms. Martin called her which was the day they were picking up the garbage. Ms. Moermond stated it indicated in the files that the owner tried calling on January 15, but the City did the clea�lup on the 21�`. The owner could have appealed the abatement order. (:v1,. Betz showed Ms. Kapaun where it is on the bottom of the order where she could appeal.) Ms. Kapaun stated she does not have a problem with what the City does, but she does have a problem when the City does not return calls. Ms. Kapaun said Mr. Be±z told her not to worry about it because nothing would be done until Ms. Martin got back. Mr. Betz responded that he does not have a recollection of saying nothing would happen until Ms. Martin got back. He would leave a message with the inspector to contact the owner prior to doing anything. He would not put his office in a position of saying nothing would happen until the inspector can contact you. That puts the office in limbo. Ms. Kapaun stated there is no point in arguing about this. She is in favor of property being picked up, but it would have been prevented if P,�s. Martin returned her call in a timely fashion. Ms. Moermond recommends approval of the assessment. She cannot deal with complaints about siaf£ Ms. Kapaun needs to contact Andy Dawkins, the Supervisor. She can also write the Mayor or Deputy Mayor. 929 Albemarle Street (70301A) (This address was heard at the afternoon meeting.) Appeal of Summary Abatement Order at 690 Charles Avenue. Marcia Moermond stated there is scrap wood in a pile, but probably not a nice, neat pile. Joseph Larson, owner, appeared and stated that is the case. Ms. Moermond asked has he made an attempt to put this in a neat pile. Mr. Larson responded he tried to get ahold of Jim Prill (Code Enfarcement) who did not give hirn an answer and told him to call Mr. Robinson. 03 - ��o LEGISLATIVE HEARING MINLTTES OF APRIL 8, 2003 Page 10 Ms. Moermond stated the City of Saint Paul book "Neighborhood Nuisances" has information about wood piles. Mr. Lazson responded that book talks about firewood, but his pile is more than that. There is some scrap lumber that he will use to rebuild a fence. (Mr. Larson showed Ms. Moermond photographs.) Ms. DZoermond stated there seems to be a way to arrange t�he pile so it is not a fire hazard or a hazborage for vermin. Mr. Lazson asked can he put it in a pile or does he need to purchase a shed. Harold Robinson :espouded exterior storage of wood is not accepted. Ii there is a timeline or plan, tl�.en it can be worked out. If it is piled against his gazage, it needs to be neater and the different woods separated. Working something out with the inspector is the cheapest way to go. Ms. Moermond recommends bringing the property into compliance by May 8, 2003. Resolution ordering the owner to remove or repair the property at 1269 Coach Road. If the owner fails ta coinply wit� the resolution, Code Enforcement is ordered to remove the building. Terry Waldorf, Wellington Management, 1625 Energy Park Drive #100, appeared and stated this is an old railroad building. (Steve Magner submitted photographs.) Steve Magner reported this is a two story brick building on a lot of 58,890 square feet. The Building was condemned December 30, 2002, and has been vacant since August 1991. The current owner is Atrium North LLC. There have been 18 summary abatement notices issued to secure the building 14 times, cut grass, and remove refuse. The Port Authority was owner of the property until Wellington Management took it over in a sale. The Port Authority took possession from Burlington Northern. Marcia Moermond asked have there been any summary abatement notices since Wellington took over the property. Mr. Magner responded he does not think so. There has been a good working relationship. He continued with his report: On February 5, 2003, 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 February 20, 2003, with a compliance date of March 7, 2003. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. The vacant building fees have been paid. Real estate taxes aze paid. Taxation has placed an estimated market value of $53,000 on the land and $29,100 on the building. As of Apri18, a Code Compliance Inspection has not been applied for nor a$2,000 bond posted. Wellinb on is in agreement that fhe building is a nuisance and they are seeking a demolition. They had to go before the HPC (Historic Preservation Commission) to acquire the demolition permit, but most of that has been resolved. Oa -`1�0 LEGISLATIVE HEARING MINt7'rES OF APRIL 8, 2003 Page 11 An Environmental Assessment Worksheet (EA� needs to be completed. Wellington has contracted with a consulting company to start this process. Mr. Waldorf stated their goa? is to remove the buildin�. Thirty percent sits on railroad land 37 feet from the tracks. It is not practical to redevelop the building. They applied for a demolition pemut about a month ago, went to the HPC hearing, got approval to do it with restrictions to photograph the building for the historic record. Then, they popped in wzth the EA�'J, ��hich is completed and has gone over to PED (Planning and Economic Development). Now, they have a 30 day period for public comment. The or_!y addiiic_.a; t?�ing is an a::�st ro do a per,cil d:azai:�� of the building. Mr. Magner stated the HPC has given the okay for the demolition permit with requirements. The Fire Department has gone there repeatedly to put out fires. Ms. Waldorf asked about expediting the resolution. Ms. Moermond asked about the 30 day waiting period. Mr. Magner responded it is the comment time for the EAW and a state requirement. Mr. Waldorf stated it will be published on April 14. They have 30 days from then. Mr. Magner added that it will be at least May I S before they can get the permit. b�r. Waldorf stated the Fire Department has teld him they will no longer enter the building to f ght a fire. Ms. Moermond recommends approval of the resolution to remove or repair. Appeal of Summary Abatement �rder at 582 Charles Avenue. Marcia Moermond stated the owner is doing work on the property and was asked to cleanup refuse. Ms. Moermond asked �vhat kind of work is being done. One of the permits the owner pulled is for repaix work. Patricia Lundgren, owner, appeared and stated she has lifted the whole house and is installing a basement. It started Oczober 4. The house is closed up. Most of the dirt is in back. She is not done by any means with this project. She still has a lot of work to do on it. Hazold Robinson stated he does not have a problem with the project. Usually they give leeway for construction debris when there is a project going on, but it is scattered through the yard. He would recommend a dumpster or containing it in a smaller azea. Ms. Lundgren stated this is an ongoing project. She was told there aze "impr6perly stored or accumulated refuse," but she does not know what that means. She is bringing more things on that site. Some things could go and some are going. For example, the footings under the porch D�� LEGISLATIVE HEARING MINUTES OF APRIL 8, 2003 Pa�e 12 have been put in a pile. She cannot lift them. The excavator will use a front end loader to pick them up. She has not contacted them yet because it is still snowing. Also, she has no grass nor sidewalk, and it is too muddy right now. She has to use the boards as a sidewalk to get azound. There was a playhouse that a plumber broke. He did it in the middle of December when it was frozen to the ground. Ms. Moermond stated one thing is to keep things as tidy as possible throughout the process. The City get calls from neighbors. She suggested the inspector and her meet within two weeks. Mr. Robinson stated this was a sweep, but they do get lots of reports. They do get calls from neighbors that say Code Enforcement is picking on them, but not picking on the neighbor down the street. He would meet the owner at the property. Ms. Moermond recommends changing the compliance date to May 8, 2003, on the March 20 Summary Abatement Order. The meeting was adjourned at 11:56 a.m. rrn � MINUTES OF TI-IE LEGISLATIVE HEARING O � — �� LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SUMMARX ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Tuesday, May 13, 2003 Room 330 City Hall, 15 West Kellogg Boulevard Mazcia Mcermond, I.egislative Hearing Officer The meeting was called to order at 10:02 a.m. STAFF PRESENT: Steve Magner, Code Enforcement; Racquel Naylor, City Council Offices; Steve Rice, LIEP; Hazold Robinson, Code Enforcement; Tchu Yajh, Planning and Economic Development Marcia Moermond stated these matters will go to the City Council for a public hearing. Most of the public hearings are scheduled to occur on May 28. Laid Over Summary Abatements: J0207AAAA Property cleanup at 837 Fourth Street East: JOTRASH3QA Provide weekly garbage hauling service at 712 Hawthorne Avenue East; J0207A1AB Property cleanup at 712 Hawthorne Avenue East. 837 Fourth Street East (No one appeared.) Ms. Moermond recommends approval of the assessment. The owner was cleazly told by the City Counci] that she had Yo be present for this hearing. This is the fifth legislative hearing scheduled for her that she did not attend. (Note: The owner arrived late; this matter was discussed again toward the end of the meeting.) 712 Hawthorne Avenue East (JOTRASH3QA and J0207A1AB) (No one appeared.) Marcia Moerxnond recommends approval of the assessments. (Note: The owner arrived late; this matter was discussed again toward the end of the meeting.) Property cleanup at 663 Aurora Avenue. (J0207A) (Note: this assessment has already by ratified by the City Council. It was referred back to the Legislative Heazing Officer by Councilmember Blakey's Office.) (No one appeazed.) Ms. Moermond recommends approvai of the assessment. �� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 v�' �� Page 2 (Note: The owner arrived late; this matter was discussed again towazd the end of the meeting.} Property cleanup for Kent and Front. (J0207A2) (Note: this assessment has already by ratified by the City Council. It was referred back to the Legislative Hearing Officer by Councilmember Reiter's Office.) Ronald Redalen, owner, appeared and stated he lived at 576 Portland Avenue, and his property tas information goes there. The City sends things to 586 Portland. Mazcia Moermond asked what are his addresses on record. Hazold Robinson responded norices were sent to Ronald Redaien at 586 Portland Avenue. It came from the AMANDA system. Ramsey County has it incorrectly filed or when the information gets transcribed, the computer changed it from 576 to 586. Ms. Moermond recommends deleting the assessment as it looks like Ramsey County has the wrong address. Summary Abatement: J02TRASH4Q Provide weekly garbage hauling service for the fourth quarter of 2002; J0302B Boarding-up of vacant buildings for February 2003; J0302A Property clean-up for part of January 2003 to part of March 2003; J0301SNOW Snow/ice removai and/or sanding of walks from February 2003 to March 2003; and J0301V Towing of abandoned vehicles from private property for October 2002. 775 Maryland Avenue East (J02TRASH4Q) Wesley Reynolds, owner, 3141 Clinton Avenue South, Minneapolis, appeared. Marcia Moermond recommends laying over to the May 27, 2003, Legislative Hearing. (Note: the postcard was not returned in time; therefore, the records were not available for this properry.) 104 Larpenteur Avenue West (J02TRASH4Q) Paul Testor, owner, appeazed. Marcia Moermond recommends laying over to the May 27, 2003, Legislative Hearing. (Note: the postcard was not returned in time; therefore, the records were not available for this property.) 1004 Bush Avenue (J0302A) Daniel Yesnes, owner, 14114 Canary Lane, Minnetonka, appeazed. Marcia Moermond recommends laying over to the May 27, 2003, Legislative Heazing. (Note: the postcard was not returned in time; therefore, the records were not available for this property.) � MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 480 Sidnev Street East (J0302A) (Steve Rice transiated Spanish for this properry.) Jorge Moreno, owner, appeazed and stated he lives at this property. �� v Page 3 Marcia Moermond stated the City did the cleanup and the assessment is $456.50. There was a washer and water heater beside the house; tires and misceIlaneous debris were in the reaz. Mr. Moreno stated he moved these things off the property himself. (A videotape was shown.) Ms. Moermond asked is there any indication about the washer and water heater because it was not shown in the video. Haroid Robinson responded there is no mention of them in the parks work order. Parks returnes a copy of their work order indicating what they picked up. Mr. Moreno stated he did not think he had to clean up behind the fence. Only a month ago did he start doing that. Mr. Magner stated it seems the orvner removed the water heater and the other appliance beside the house, but he did not address the issue behind the fence. Mr. Moreno responded that is not his stuf£ He did not think he had to clean behind the fence. Mr. Robinson responded it is an unimproved alley and he is responsible for his half of it. Ms. Moermond asked did he receive notice. Mr. Moreno responded the notice he received only talked about the dryer and the water heater. Nothing else was mentioned. (Mr. Magner gave Ms. Moermond a copy of the order.) Ms. Moermond recommends reducing the assessment from $456.50 to $311.50 plus the $45 administrative fees for a total assessment of $356.50. The owner made an effort to cleanup the property, although the City removed some rubble. In the future, the owner needs to contact the inspector. 112 Manitoba Avenue (J0301 V) (Steve Rice translated Spanish for this property.) Marcia Moermond explained that this is about two abandoned vel�icles that were removed. The assessment for the removai and the service charges come to $856.45. Fernando Martinez, owner, appeared and stated he couldn't move the cars. They didn't work and he couldn't drive them away. They were on cement. One had a license plate up-to-date and the other one did not. 03 �4�0 MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 4 Ms. Moermond stated if he owns the property, then he is responsible for keeping the vehicles on an approved surface, operable, and with tabs to show they aze registered with the state. Clearly, the vehicles were not operable. She asked would he like the assessment spread over five yeazs. Mr. Martinez responded yes. Mr. Martinez asked what happens to the cars and the titles. Ms. Moermond responded they aze auctioned off if someone does not pick them up after a certain number of days. Mr. Magner responded the title has been cleazed by the state. Mr. Martinez stated he has already paid a$180 fine on that. Ms. Moermond responded she does not have informarion on that. Ms. Ivtoermond recommends that the assessment be spread over a five-year period. 1 US Bradle, S� (J0301� (Tchu Yajh translated Hmong for this property.) Blong Lee, owner, appeared and stated this is about a van with expired tabs. The total cost of the assessment is $581.45. He got a notice for expired tabs and paid it already. Ms. Moermond asked was the vehicle inoperable. Mr. Lee responded the car was still working, but it had transmission problems. He did not have funds to fix it. Harold Robinson reported the tabs.were expired, and the police towed the vehicie`on October 24, 2002. Orders were issued on October 2, 2002. A reinspection was done on October 19. It was tagged for expired tabs. The tabs were from 2001. Mr. Lee stated Code Enforcement sent him a citation and he got a ticket from the police. Mr. Robinson responded the police issued the citation for expired tabs and towed the vehicle to the Impound Lot. The citafion is separate and differenf from the impound and towing charges. (Due to a technical audio problem and a medical emergency in the hearing room, a few minutes of this hearing was not taped at this point.) Ms. Moermond recommends reducing the assessment from $581.45 to $461.45 plus the $45 administrative fees for a total assessment of $506.45. 1756 Beech Street (J0301V) (No one appeared.) Mazcia Moermond recommends approval of the assessment. v3 �k lC� MINiJTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 5 493 Biair Avenue (J0301� (No one appeazed.) Mazcia Moermond recommends approval of the assessment. 897 Carroll Avenue (J0301� Mazcia Moermond stated there were three vehicles on the property which were towed at a cost of $1,761.45. Cary Rembert, owner, appeared and stated he and Bettye Rembert aze the owners of the property. He has been sick for quite a while. His money goes for food, illness, and medication. He and his sons planned to restore the vehicles for the Peaceful Love Warriors to assist the police regarding violence. $is son had a caz pazked on gravel in the backyard. Mr. Rembert received a notice one day and the vehicle were taken the next morning. Ms. Moermond stated the orders were mailed on October 4, 2002, and the police towed the vehicle on October 24. That was about three weeks later. Mr. Rembert responded he got the notice one day; the next day, the police were there. The vehicles were on flat tires so no one would steal them. When the police came, they dragged his vehicles out of the yazd and into the alley. He watched as Budgei Towing came in with a lot of guys, disrespecting him, and making it hard for him to understand why they were there the next day. He explained to them that he just got the notice yesterday. Mr. Rembert is upset about this and the high charge when his family is already struggling. He feels he has been put upon by the system. He has eight sons, six daughters, and 21 grandchildren. He should be able to work on his vehicles with his children the way it was when he was growing up. Now, people are taking what they want and charging him. He did pay a fine, and has gone to court. He had no idea this assessment was coming up, too. He is part of the community and tries to change things and make it better. If the engine is not running, he takes it out of that caz and put it in the next one. Harold Robinson reported the norice was sent on October 4 to Cary Rembert and Bettye Rembert at 897 Cartoil. No maii was returned. Five vehicles were noted, but two of them were in the street. Mr. Rembert stated his son's vehicle was taken from the front. Mr. Robinson stated there was an original compiiance date of October I I, 2002. The inspector went out at that time, the vehicles were still there, but he did not send a work order and chose to wait. He went out again on October 16, sent a work order, and issued a citation for ailowing abandoned vehicles on the properiy. That is probably where the fine came from. Ms. Moermond asked is there a record of Mr. Rembert contacting the City saying he was working on the vehicles. Mr. Robinson responded the inspector tried to contact the owner on October 16 and could not reach the owner. Mr. Rembert responded no one tried to contact him. He talked to a Randy, who works for the City. He knew that Mr. Rembert was taking an engine out of one vehicie and putting it in another. V�y� �O MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 6 Ms. Moermond stated it was almost three weeks between when the orders were written and when the vehicle were removed. The City did experience this lazge cost. She understands that he has fmancial hazdship, and he has intentions for these vehicles, but he did not let the City know. She will recommend that the City Councii deny the appeal on this assessment and that the payment will be spread over five years. Mr. Rembert stated he would like to appeal this. He also does not feel it is fair for the City Council to decide that what a man has is garbage. He takes care of everything he has. People come into his yard, steal his dogs from him, steal bicycles. He does not have protection in his community from situations like this. Roxanne Flink responded that if the City Council approves this assessment, he has the right to appeal to District Court. She asked is he permanently disabled. Mr. Rembert responded yes. Ms. Flink stated if his doctor could send her office a letter, if this assessment could be left as a one-year installment, and if it is more than one percent of his gross income, he can defer it up to 20 yeazs. It would sit on the properiy until he sells or 20 years expires. It would accrue interest at 4.75%, but it would be kept off his taxes. It is another option. The owner should contact Real Estate to ask for a deferment based on disability. He would stiil have the option to appeal to District Court. Ms. Moermond recommends spreading the assessment over a five-year period. 608 Case Avenue (J0301 V) (No one appeared.) Ma.*cia Moermond recommends approval of the assessment. 1523 Ielehart Avenue (J0302A) Marcia Moermond stated the City removed brush piles, rubbish, and building materiats from the property at a cost of $297. Jason Graham, owner, appeared and stated the City removed plywood for the roo£ This was an abandoned property that he purchased. He has improved the properiy. The City has hazassed him. Every month he is getting a complaint. He would like to see the videotape. (A videatape was shown.} Mr. Graham stated the items that were taken were set out that same day. Plywood is not an abatable item. The City left the firewood. There really wasn't �uch gazbage. It feels like the City took what they needed, which was the plywood. Ms. Moermond stated if it is removed, it would be turned into gazbage, and the City would not have used it. It is unfortunate if something useful is tost. - v3�� o MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 7 Harold Robinson reported orders were mailed on January 13, 2003. There were brush and possible commercial dumpster. There was work in progress at the property. The first time the inspector went there, he allowed seven days to see if it improved, It actuaily got worse. He then issued the orders to remove wood, household items, brush. The owner was issued an order to obtain a dumpster. A summary abatement was issued on January 10, 2003, for rubbish, building materials, tires, brush, generai clutter. The reinspection was done on February 6 and the work order was sent on February 10. They removed carpet rolls, wood, tree brush, and rubbish from the backyard. Ms. Moermond asked was the wood plywood. Mr. Robinson responded it is possible. Ms. Moermond asked is there anything about plywood being defined as a nonabatable item. Mr. Robinson responded it is a judgement at the time of the abatement. If it is water logged, warped, damaged, or not complete, they would make a determination as to whether it is usable or scrap. Aiso, if it is usable, it should be stored somewhere indoors or somewhere legal. Basically, outdoor storage is prohibited. Mr. Grahazn stated they didn't take that much; maybe ten sheets of plywood. Under the Minnesota Statute, firewood is an abatable item, but they took the piywood next to it. They also took some car parts. Ms. Moermond responded it was a matter of the firewood having been stored properly and the piywood being stored improperly. Mr. Robinson concurred and stated if the firewood is stored properly, it can be stored outside. Ms. Moermond recommends approving the assessment. The owner can talk to Councilmember Benanav, who covers this area. She suggests the owner show up at the heazing. The City did remove the materials. It is okay for the City to remove Yhe piywood because it was stored outside. Mr. Graham asked where people aze suppose to put materials. Ms. Moermond responded he should have appealed the original orders and he may have been given more time to deal with this issue. If he cails, the City can accommodate these things. Sometimes, peopie have their entire yards torn up for landscaping. The City knows things get in disarray when doing major projects. Ms. Moermond recommends approval of the assessment. 1539 Ielehart Avenue (J0302A) (No one appeared.) Mazcia Moermond recommends approval of the assessment. 955 Jenks Avenue (J0301 SNO� (No one appeared.) ��- `l10 MINLTTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 8 Marcia Moermond recommends approval of the assessment. 860 Lawson Avenue East (J0301 V) Marcia Moermond stated there was an abandoned vehicle on the properry, it was removed at a cost of $596.50. Paulett Gartner, owner, appeazed and stated she lived at this address at one time with her son. This was noT her car. Her son bought it from Debbie Klein (phonetic). She never changed the title and he could not get the tabs on it. It was stranded there. When he got the first notice, he called and talked to someone. They said they would give him two weeks, but it was towed in two days. He had no say in this car. They could not get the caz out. It was the owner that should be fined. Ms. Moermond responded that would be the case if it was on a public street, but it was in someone's private yard. It sounds like there should be an action against this woman for not giving her or her son the title. Ms. Gartner stated towing a car should not be this much. Ms. Moermond responded that is the tow charges plus the City has to hold it for two weeks by state law which is aiso a charge. Ms. Moermond stated this is a quick turnaround. Harold Robinson responded the inspector issued a sui�imary abatement. Upon issuing the work order, she called and talked to Arthur (Germain), who gave him the phone number of nephew Tony, and then the inspector called and left a message for Tony ; therefore, Arthur and Tony were both aware. Ms. Gartner asked does he have information about when they were called. Mr. Robinson responded all he knows is that the inspector spoke to two people. Ms. Moermond stated the City wiil provide any records Ms. Gartner needs to bring the car owner to court. She asked would it help to spread the assessment over five years. Ms. Gartner responded that wouid be better. Ms. Moermond recommends spreading the assessment over a five-year period. 1459 Matilda Street (J02TRASH4Q) Marcia Moermond stated this is about trash service being provided as a cost of $270. Jeff, 1146 Rice Street, appeared and stated once he figured out what was going on, he had the tenant get trash service, He has a receipt, and he notified the inspector of the situation in September. The invoice says she has trash service in September. They notified the Inspector Foster. They faxed the stuff they had. It is his understanding the barrel was removed. Haroid Robinson reported there was a notice that on August 5 the City was going to provide trash service to thaY property unYil she could prove she had a licensed hauler. The order went out on July 30. Jeff responded he never got a notice on that. Once he got a bill, the tenant hired 03-� �b MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 9 Superior. The letter was fa�ced to Lisa Foster (Code Enforcement). He has another letter saying there is service at that address. He also has a receipt indicating payxnent was made. He believes the barrel was removed. Jeff asked was there a pickup in the last quarter of 2002. Mr. Robinson responded he had a sheet for every pickup. He has a October 1, 8, and 15. On October 22, there was a pickup and an order to remove the trash containers. Ms. Moermond stated her paperwork shows that the service was discontinued on October 18. If there was trash service from October 1 to October 8, then that is one or trvo weeks worth of pickups. Mr. Robinson responded the trash service notice went out on July 30. The cans were placed on September 3, 10, 17, and 24. Jeff responded those were already paid for. Ms. Moermond asked for the dates again when the service started. Jeff responded August 19 and the tenant got a bill for the month of September. On October 8, they fa�ted the inspector information that there was private gazbage service there. Mr. Robinson responded the inspector has a note that she received a fax on October 18 regarding trash service at 1459 Matilda. She sent a fas to Pazks on October 21 to cancel City service there and to pick up the trash barrel. Ms. Moermond stated it seems like a ten day delay on the City's part in processing. Her records show that it shouid be until October 8. Code EnforcemenPs records go until the 18`". She will split the difference. The owner only experienced charges for two weeks of the fourth quarter. Mr. Robinson responded pickup is $50 a week. Ms. Moermond recommends reducing the assessment from $270 to $90 plus the $45 administrative fees for a total assessment of $135. 554 Minnehaha Avenue West (J02TRASH4Q) Andre appeared and stated he is representing the buyer of the property, who is at work. Andre is a loan officer and helped the owner purchase the property. He bought the house in November and set up garbage service then. The title search did not come up with the City assessments. He got stuck with the bill. Mazcia Moermond asked when his client purchased the property. Andre responded November 19. Ms. Moermond stated these charges are from October 1 through December 11, so he would have been the owner for half of the time. It should have tumed up during the title search. He has an action against the former owner or the title company for not disclosing this. Either way, the assessment goes with the property. Andre stated private garbage service was set up in November and he stili got chazged by the City. Ms. Moermond responded the City would have no way of knowing unless he contacted us. Andre responded he did. Mr. Robinson responded they talked to the inspector on November 22 and the inspector advised them to get garbage service or the City would still be picking it up. On b3 41 U MINUTES OF THE LEGISLATIVE HEARING, May I3, 2003 Page 10 December 10, it was verified that there was service with Superior Sanitation. An order was sent to discontinue City service. Steve Magner stated the ordinance is clear that they need written proof. Ms. Moermond responded that it says that the City got it in the middle of December. Andre responded the first part of December is when they got the notices. Ms. Moermond recommends approvaI of the assessment over a five-year period. The City can provide them with any records that may help in dealing with the previous owner or titie company. 873 Newcomb Street (J0301 V) Mazcia Moermond stated nine vehicles were towed for an assessment of $2,342.90. Tony Romero, owner, appeazed and stated the gentleman next door brought over most of the vehicles. There were some circumstances, and Mr. Romero said he could park one vehicle on his classified surface at 873 Newcomb, but this person brought all these vehicles instead. Mr. Romero got a letter from his lawyer to tell the neighbor he could not do that, but the letter was ignored. Mr. Romero could not afford a11 the manager's tows because he is too busy keeping a11 of his Certificate of Occupancies happening. The neighbor never removed the vehicles. Mr. Romero feit sorry for the guy because his mother died. Then, he took advantage of the situation. It will never happen again. Harold Robinson reported the order was issued on October 16, 2002. The reinspection was October 25, a work order was aiso sent on debris in the yard, there were some ground cover issues. On the October 25 recheck, only two of the vehicles were removed. They tried to contact Anthony Romero, but that was unsuccessful. Ms. Moermond recommends approval of the assessment. This is his property, he knew the vehicles were there. Mr. Romero responded he was taken advantage of. He is prepared to pay the assessment at this time. Aiso, he would like a list of the vehicles so that he can recover the money. Mr. Robinson responded that Mr. Romero can give him a call to get that information. Roxanna Flink explained that Mr. Romero will receive a bill after the City Council votes on this matter. 1176 Reanev Avenue (J0302A) Vincent Hunt, owner, 1794 Englewood Avenue, appeazed and stated there is a huge breakdown in communication with Code Enforcement. He would like ever}�thing read about what was with this one. He threw away his documents because the inspector said it is okay what you aze going through; therefore, he does not have detailed information. (A videotape was shown.) 03-�1�d MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 11 Hazold Robinson stated orders were mailed on September 25, 2002. The inspection was done on September 24. They were to remove a list of items. Mr. Hunt asked are there comments where he had to contact the inspector three times. Mr_ Robinson responded no. Mr. Hunt stated he contacted the inspector and told her he was filing an unlawful detainer for this tenant. He told the inspector that the tenant had not paid him for over two months. His attorney said that he could not remove personal property from there because the tenant can get away with a loop hole. Mr. Hunt requested an extension, and the inspector told him to not worry about it. When he called her after the unlawful detainer to say that he won and he can clean that stuff up that weekend, the inspector told him that the City must have picked it up or something. Mr. Hunt asked were things mailed to his post office box or his home. Mr. Robinson responded the tax printout is Vincent R. Hunt and Kathryn C. Hunt at 1794 Englewood. It is mailed to the same. This inspecTor is a man named Teng Vang. Mr. Hunt contacted him three times and said he could not do anything. The property is across from a market. There is garbage everywhere. When he got the order, he told the tenant to take all the garbage and throw it away for $50 offthe rent. She obviously did that. He could not do anything about the furniture. Ms. Moermond recommends redncing the assessment from $288 to $99 plus the $45 administrative fees for a total assessment of $144. He made an earnest effort to talk to the inspector; however, the City did pick up the stuff. She wili spiit the assessment in half. 433 Sherburne Avenue (J0301 V) Marcia Moermnd stated there was an abandoned vehicle on the proper[y. Hoang Huy Pham, owner, 441 University Avenue, appeared and stated the vehicie was not in his backyard. He looked the other day, and he did not see a vehicie. He does not live at this property; it is a rental. Hazold Robinson reported there were two vehicles in the backyard on the grass. The vehicles were still in violation on October 18. No call was received from the property owner. Photographs of the vehicles were taken. The property owner was told the vehicles were going to be towed and they should be removed. The vehicle were gone on October 28, but one was still there when the police showed so it was towed on October 22. (Mr. Robinson showed Mr. Pham's photographs of the vehicles.) Ms. Moermond stated she will check with the police department and determine where exactly the vehicles were parked. Mr. Pham responded the Pontiac belonged to someone who lived in 433. That was towed from the Arundel and Charles area. 03��10 MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 12 (Note: Afrer checking into this issue, Ms. Moermond's recommendation is to delete the assessment as police reports indicate the vehicle was towed from 527 Arundel Street. Racquel Naylor notified the owner.) 501 Sherburne Avenue (J0302A) Marcia Moermond stated this is about fiuniture and rubbish removed from the property for an assessment of $288. Melissa (Enriquez) Becerra, owner, appeazed and stated she got a letter and she cleaned it up. No one picked up anything because she cleaned her own yazd. (A videotape was shown.) Ms. Becerra stated the City did not remove that. She gave away the two chairs to her friend. Ms. Moermond responded the videotape just showed the City removed it. Ms. Becerra stated she does not care what the videotape showed, and she will bring her friend that has the two chairs. No one removed anything. This is harassment because they came again and said she had a couch. She removed it. She will not pay anything when she removed it herself. Maybe the videotape was done after she removed her stuff. Ms. Moermond asked is she saying the inspector on the videotape lied. Ms. Becerra responded yes. She asked shouid she bring the gentleman who has the chairs. Ms. Moermond responded she should bring him to the public hearing if that is the case. Ms. Moermond recommends approval of the assessment. She sees a videotape that clearly shows there were items there, a worker said the crew just removed iT, and then the items are gone. (Note: Steve Magner gave Racquel Naylor the videotape so that it can be shown to the City Council.) 608 Weils Street (J0301 V) Mazcia Moermond stated the City removed and stored an inoperable vehicle without current tabs at a cost of $791.45. Richazd Culbertson, owner, appeazed and stated it was on his properiy on black top. There was a 21 day sticker on it. They were going to instali a motor, the hood was off, and he was waiting for someone to get the motor. Ms. Moermond asked did he let the inspector know. Mr. Culbertson responded he never did get a notice in the mail. O�-�k�U MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 13 Haroid Robinson reported a notice was mailed to Mr. Culbertson at 608 Wells on October 4, 2002. Mr. Culbertson responded he does not doubt that he did, but he did not receive it. He has had peopie come from two blocks away to give him mail. He was in the process of putting the motor in. There was a notice on the windshield. It didn't have tabs so there was an extension of so many days or something like that. Mr. Robinson stated the orders on the car were for lack of current license tabs, open entry, missing vital parts, and appearing undriveable. There was no contact from anyone and there was no 21-day sticker at the time of the abatement. On the reinspection, it was in the same condition. The work order was sent to the police who towed the vehicle on October 24. Thay aiso tagged it for no plates. Steva Magner responded that the citation wouid have gone to whoever is listed as the owner of the vehicle. Ms. Moermond asked would he like the payment spread over five yeazs. Mr. Culbertson responded yes. Ms. Moermond recommends spreading the payment over a five-year period. Mr. Culbertson stated he would like information about disability deferment. Ms. Flink expiained the process. 1451 En�lewood Avenue (J0301 V) Mazcia Moermond stated this is an abandoned vehicle tow. Dale Seitzer, owner, appeared and stated he told the inspector he did not know whose car it is. It does not belong to his house. There was no abandoned car on his properiy. He may need to show some photographs, but he has an unusual alley. It is not an improved a21ey. He buys the gravel to put on it. The inspector said the car had to go. Ms. Moermond asked was the car in the alley. Mr. Seitzer responded it must have been, but he does not remember, He had some nxbble to get rid o£ He was paying more attention to that. The caz does not belong to anyone in his house. He does not know which half of the a11ey it was parked on. His land is paved. He guazantees there were no abandoned cazs parked on his alley. Ms. Moermond stated it depends on whether it is an improved alley or an unimproved alley as to who takes responsibility for maintaining it. If it is an unimproved alley, then it is the responsibility of the properry owners. If it is improved, then it is the City's public right of way. She will look into it. Mr. Seitzer stated he does not have access to who owns the vehicle. There is nothing he can do. Hazold Robinson reported it was a blue Honda Civic, License #HPH 073. There is no title on it. The police towed he car on October 23, 2002, Case Number 02-234-401. (Mr. Seitzer showed photographs to Ms. Moermond. The pink gazage in some of the photographs is Mr. Seitzer's gazage.) �� r� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 14 Ms. Moermond stated if it is his properry, it will be his responsibility. Mr. Seitzer responded if the inspector had informed him of that, he would have been more aggressive in getting it towed. Mr. Seitzer stated he did not get any notice. He did not know anything about it. Hazold Robinson stated the work order for the tow was mailed on October 2, 2002 (the same time as the suminary abatement order on removal of the construction rubble). The work was done on October 23. There are two phone numbers. One is for Bettie Seitzer. Another number was disconnected. Mr. Seitzer asked is there another letter sent that the car will be towed. Mr. Robinson responded they try to contact personally. Ms. Moermond stated she will look into this situation to see if this is an improved or unimproved alley. They need to sort that out before asking questions about the communication. The Councilmember for this wazd is Jay Benanav. (Note: Ms. Moermond's recommendation is approval of the assessment. This is an unimproved alley and the owner is responsible.) 253 Fuller Avenue (J030I V} (No one appeared.) Marcia Moermond recommends approval of the assessment. 661 Western Avenue North (J0302B) (No one appeared.) Marcia Moermond recommends approval of the assessment. 707 Mazvland Avenue East (J02TRASH4Q) (No one appeared, but the owner mailed a letter to Mazcia Moermond regarding his appeal.) Ms. Moermond recommends approval of the assessment. 928 Marvland Avenue East (two assessments: J0302A and J0302B) Legislative Hearing Officer recommends laying over both assessments to the June 10, 2003, Legislative Hearing. (Note: see minutes later in the meeting.) U�`�� MINCTTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 15 712 Hawthorne Avenue East (J02TRASH4Q) L,egislative Hearing Officer recommends approval of the assessment. (Note: see minutes later in the meeting.) 1070 Mar�aret S�eet (J0301V) Mazcia Moermond recommends laying over to the May 27, 2003, I,egislative Hearing. (Note: the owner appeazed at this meeting, but had not returned the card; therefore, the files were not available.) 1688 York Avenue (J0301 V) Marcia Moermond recommends laying over to the May 27, 2003, Legislative Hearing. (Note: the owner appeared at this meeting, but had not returned the card; therefore, the files were not available.) Appeal of Summary Abatement Order at 928 Maryland Avenue East. J0302A Property clean up at 928 Marvland Avenue East J0302B Boarding up of vacant building at 928 Marvland Avenue East (Note: this order has already been corrected by the City. Also being appealed aze two assessments from Files J0302A and J0302B) The following appeared: Trudy Mae Gloe, owner, and Bob Korf, owner's friend, 18140 Fenway Avenue North, Forest Lake. Marcia Moermond stated this is a confusing situation. There is an appeal of a sununary abatement order pius two appeals for assessments. There was a fire and the properry was condemned. Mr. Korf responded he does not know about the assessments. Ms. Moermond asked if this is a registered vacant buiiding. Steve Magner responded that is correct. His office received cards to appeal the cost of the two summary abatements conducted on the properfy. AIso received was an appeat of the summary abatement order that was issued, but the appeal was received after the compliance date. (Mr. Korf gave Ms. Moermond paperwork.) Mr. Korf stated that Ms. Gloe has had several issues with code violations. She has always complied with things. She had a small fire on November 7. She received a letter from Code Enforcement and avoided the inspector whenever he knocked on the door. Ms. Gloe responded the inspector never knocked on the door. He peaked in her windows and walked on her property. �� t �U MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 16 She noticed it was the code guy. She requested a different code officer because she had a personality clash with this one. He dates her neighbor's daughter, and Ms. Gloe and her neighbor have a personality clash. Jim Prill was the original inspector. The person who sold the house had scaffolding was investigated by Code Enforcement. She was told to get rid of the scaffolding, so she put it in storage. The inspector has been coming out every few months since 1998 and adding things on. Something will be sitting for four years and then all of a sudden they will add it to the list. Mr. Korf stated that she had a fire on November 7, and she was about done with the house a week before. Mr. Korf does demolition. He tore the carpet out of a house that was going to be demolished and put it in Ms. Gloe's house. She painted her walls and cleaned up the place. Ms. Gloe responded that she was going to refinance the next day. Mr. Korf stated that Ms. Gloe is on social security disability for being bipolaz and is taking medication. It is hard for her to deal with all this. On November 7, the inspector came out and condemned the house tl�at day. The American Red Cross put her up for one night. The following Monday, the insurance company came out. They said they were going to steam clean the house and after three or four days she would be back in there. A week went by, and Mr. Korf called the insurance company, who said they had cancelled it all because they had talked to Mike Kalis (Code Enforcement) who informed them the house was condemned before the fire. Mr. Korf stated Ms. Gloe moved into his house for a few days. Mr. Korf's letter to Ms. Moermond is saying that this is harassment of a handicapped person. He read the laws to know what power the City has in dealing with the insurance company. He saw that she was suppose to be notified of what needed to be done within 24 hours after the condexnnation. He calied Mr. Kalis and asked where was the letter regarding condemnation. Three days later, Mr. Korf received a letter dating back to November 8 saying she needed to clean the porch, but the inspector told her she had to remove every single item out of her house, even furniture. Ms. Gloe stated the inspector wanted it gutted before she could move back in there. She takes a lot of people in and feeds them. They take advantage of her and she has to get a restraining order to get them out of the house. She was there when Mr. Kalis came the first time. He broke her windows and came into her house with a police officer and another code guy. She told him it was 7:30 a.m., and he said that she could work from 8:00 a.m. to 8:00 p.m. He told her that she had to fix her window, but she told him he had to fix them. In fhe process, she and her kids aze trying to get stuff done regarding the insurance guy. The inspector would come every other night with a police officer and another code guy. She was working on the house steady. Then he put a stop work ordinance four days before he was suppose to be completed. The only thing that caught on fire was her son's bedroom. The rest of the stuff is because he left her doors unlocked. She screwed all the doors shut and nailed the windows shut so he wouldn't get in, but he would break the windows and come in that way. She feels so violated, stated Ms. Gioe. Mr. Korf stated Code Enforcement backdated documents. On October 26, there was a letter about what needed to be done. The inspector does not have the right to teli her to remove everything out of her house. On Aprii 4, the inspector placarded the house as a vacant building. It takes an affidavit and owner's signature on a vacant building before it can be registered. Mr. o3��cro MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 17 Korf does not know how it can be registered if Ms. Gloe never signed it. On Apri18, there was a vacant building placard dated November 7, tl�e night of the f:re, with Mr. Kalis' signature on it. Then, he told Ms. Gloe's brother that he is going to tear her house down over the weekend. Mr. Korf stated harassment is serious. As an employer, he expects Andy to take it seriously. Ms. Gloe stated other inspectors teil her they want something done, and she gets it done. $ut, Mr. Kalis is harassing her. She would like 7im Prill (Code Enforcement) to come back to her house because he can see the difference in what she has done. There is nothing else for her to do to the house. Ms. Gloe stated she was in the hospitai with her mother and the Code Enforcement person took her car off the driveway and did not inform her he was towing it. Ms. Moermond stated there is a current order to have the building secure. Ms. Gloe responded it was boarded and secured as of April. Mr. Magner added that boarding contractors boarded the building on April 30. Mr. Korf asked can the house be registered as a vacant building by the owner. Also, why would the inspector come out every night before 8:00 rivo to three times a week, inspect her work, and then post a vacant building sign five months later when it was dated November'7. Ms. Moermond responded in the case of a fire, it can be placarded as a vacant building. Ms. Moermond recommends laying over to the May 27, 2003, Legislative Hearing. She would like to look at this issue a little more. Right now, in terms of the summary abatement order, the City has already done the work. She wiil read through the materials to consider this. For future reference, that is something they would want to shaze through the change of command. In this forum, she cannot deal with harassment by City staff. The owner should write a letter to Andy Dawkins (Director of Code Enforcement), copy the Mayor, or talk to Council President Dan Bostrom. What wili be discussed on May 27 will be the two assessments and the one Suulmary Abatement Order that will be turning into an assessment. Ms. Gloe responded her mission is to get the house cleaned up and sold. Mr. Korf added thaT the post office will not deliver mail when there is a condemnation on the property. Ms. Gloe asked can the recommendation be that she does not deal with Mr. Kalis anymore. Ms. Moermond responded that she has no control over that. Mr. Magner responded that they issued an order to abate a nuisance building, that has expired; therefore, this properry will be his to deal with from now on. Ms. Moermond asked when the order to abate the nuisance buiiding comes forwazd. Mr. Magner responded it will be shortly. (Note: At this heazing, Marcia Moermond recommended laying this over to May 27, but she decided to heaz laid over issues involving this properiy along with the resolution to remove or repair the property on June 10, 9:00 am.) �� o MINLTTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 18 J02TRASH4Q Provide weekly garbage hauling service for the fourth quarter of 2002 at 712 Hawthorne Avenue East JOTRASH3QA Provide weekly garbage hauling service at 712 Hawthome Avenue East; (Laid over from a previous legislative hearing) J0207A1AB Property cleanup at 712 Ha�vthorne Avenue East (laid over from a previous leg4slative hearing). (Note: the owner was not present when this address was called at the beginning of the hearing.) Jamel Flemino, 637 13"' Street #15, Hudson, Wisconson, appeared. She gave Marcia Moermond some information. Ms. Flemino stated they are charging her for six months of gazbage and they removed a bucket of dog feces that was too heavy to lift. She called Steve Magner and told him to have them pick up the bucket and they charged her $240. She is requesting that be a weekiy $50 bill. She also talked to John Betz and he was going to call the people that hauled the gazbage because the trash can was never used. It was never used. The home was vacant for three months and there was no garbage there. As of a month ago, the gazbage can is still in the alley. The home was sold. Ms. Flemino would like the $240 reduced to $50, The garbage can was never used. Ms. Moermond asked did she contact the City. Ms. Flemino responded she talked to him, and told him that she had completed the work that needed to be done. She was suppose to send him some information, buT she decided she will deal with iY in court. Harold Robinson responded that conversation was with him. Ms. Flemino stated her Realtor called to let people know. Ms. Flemino is not going to purchase garbage on it because she does not live there anymore. Ms. Moermond asked about gazbage service in vacant buildings. Mr. Robinson responded he had no proof it was vacant. Somebody was living downstairs. Also, she had no proof that she had moved, Plus, he told her to send him a rent receipt and verification that she was no longer living there. As for the use of the container, it is going to remain on the property as long as there is no certified gazbage hauler registered at the property and Code Enforcement does not have written confirmation. Ms. Moermond asked did he receive a letter from the property managers. Mr. Robinson responded no. Ms. Flemino stated she is done with the Ciry. Since the day she moved in and bought the home, there were already orders to have things done. �It was a home in foreclosure and for a year the City had been sending letters. She would try calling and explaining the situation. She talked to some people, but it kept going on. She has complied with everything the City asked her to do. She will deal with it when she goes to court. That is why the conversation stopped and why she didn't follow through with everything. Her realtor send proof that the home is sold, up for sell, _ and vacant. There is no reason to have garbage service there. c�'3-�tU MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 19 Ms. Moermond asked what they aze looking for to discontinue gazbage service. Mr. Robinson responded proof that it is vacant or proof that they have a registered licensed garbage hauler. Having a registered vacant building is one way. He never received a letter from a Realtor. A Realtor saying that the house is for sale would not necessarily mean anything. (Ms. Flemino gave Mr. Robinson paperwork.) Mr. Robinson stated he has to give Parks a reason to discontinue service. Ms. Flemino responded he is right. He told her that she needed proof that she was on the lease. She told him that she will deal with this when she goes to court. There were five other garbage cans in the alley anyway so they were not making a trip out to just her home. She is not dealing with this anymore. She is innocent until she is proven guilty. Ms. Moermond asked is she cleaz what they were looking for in order to stop the mandatory garbage service. Ms. Flemino responded they wanted proof that she had two months worth of private gazbage service. It would make sense if she was living in the home to do that, but she was not. As far as a copy of her being on the lease at that apartment, she was not on the lease legally, but she was living there. She figured that was not going to be good enough for him because it never is with the City. Ms. Moermond stated she will recommend that the appeals be denied. She is hearing that Ms. Flemino wants the assessment involving the dog feces reduced and the garbage one eliminated. Ms. Flemino responded she is dispuring all of the assessments, but she would be happy with deleting the ihree months that she was not there. Now, the City is going to bili the new owners. It was the City's responsibility to remove that gazbage can the day she sold the house. Ms. Moermond asked did the files indicate that the City was informed of the sale. Mr. Robinson responded that Ms. Flemino contacted him by phone and said she was selling the house. On January 9, 2003, he sent an order to Parks to discontinue trash service after he confirmed she was living in another place. On October 2, 9, 16, 23, 30, November 6, 13, 20, 27, December 4, 1 l, 18, 26 Parks picked up at the property. Ms. Flemino stated that he acknowledges that she is not there. He called to have the garbage can removed, and it is still there. Ms. Moermond stated that the City removed the dog feces for the minimum chazges of $225 an how plus the service charge. Ms. Flemino responded that was discussed last time and asked that it be laid over. She was under the assumption that the garbage people were there anyway, they would remove it, it is noT a separate visit to a home, and that it is included in the househotd garbage. Mr. Betz said at the previous hearing that the same people pick it all up. Ms. Moermond stated it is Parks and Recreation that pick it up. It is the same depariment. She asked is it the same staff. Mr. Robinson responded he has no idea, but the gazbage they removed on City service is from the container. If it is not in the container, it has to be done in an abatement on an extra charge. That is what was done in this case. �3- �t �v MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 20 Ms. Flemino stated he shouid have made that clear to her. Mr. Robinson responded he made it cleaz to her on the telephone. He told her it would be billed extra. They wiil not put it in the can to remove it for her. (Ms. Moermond read some of the minutes from the last hearing.) (A videotape was shown.) Ms. Flemino stated they did not remove anything except for the big can. She is not sure when they fiimed that. She did the rest of that and buried a couple of cans in the backyard. The lazge can with the bag on top of it is what the City removed. She thinks the City makes the videotape, then sends out a letter telling the owner to do it or the City wiil do it for the owner. Mr. Magner responded the crew arrives on site, the foreman videotapes the site and reads the abatement order given to him by the Code Enforcement Office, then the crew completes what they aze inshucted to do, and then they show the finished video. They do not videotape, leave, and then come back later. It is all done at the same time. Ms. Flemino asked to see the videotape again. (The videotape was shown again.) Mr. Magner stated the date was the same through the videotape. Ms. Flemino stated she did remove some pallets, but she must not have gotten all of them. She asked about the three months she was not on the premises. Ms. Moermond responded she will recommend approval of the assessment because Code Enforcement did not have satisfactory information that she had vacated the premises. If she wishes to pursue this further, she should take this up with Council President Bostrom. Ms. Flemino asked how she would find out that no garbage was hauled away from that site. Ms. Moermond responded it does not matter if something was hauled, but that the City had to check every week. Ms. Flemino asked about her money in the escrow account. Roxanne Flink responded Real Estate would give notice that they are holding the money, the money would be transferred, and the assessment would be paid. That does not prevent her from appealing it. If she appeals in District Court and she wins, that money would be refunded to her. Ms. Flemino asked can she be heard in front of another hearing. Ms. Moermond responded she can be heard at City Council's Public Heazing. Ms. Flemino stated she called him in October, but he did not write it down. Mr. Robinson responded talked to her in October, but she did not give him proof in October. He called to have it removed in January because there was no activity at the house for the last three months. In the meantime, the City did take action at that property. There were orders to cut grass. o�- u �o 5v . MINUTES OF THE LEGISLATNE HEARING, May 13, 2003 Page 21 Ms. Moermond recommends approval of the three assessments. � Laid Over Summary Abatements: J0207AAAA Property cleanup at 837 Fourth Street East; (Note: the owner was not present when this address was called at the beginning of the hearing.) The following appeared: Dorothy Lyons, 101 OS Tenth Street North and 10072 Tenth Street Nor[h, Lake Eimo. Steve Magner reported the summary abatement was mailed to the owner of record on June 13, 2002, to remove refuse and debris from front porch and cut tall grass. The compliance date was June 26. Mazcia Moermond asked did she receive notification. Dorothy Lyons responded no, they were sent to Fourth Street. Mr. Magner stated at the time the owner of the building was listed as Rachel Lyons at 837 Fourth Street East, Saint Paul, 55106, which is what they received from Ramsey County. Ms. Moermond added that when her office was scheduling legislative heazings, they received a Tenth Street address in Lake Elmo. Ms. Lyons responded yes, and she notified the post office because they were not leaving mail there, which created another problem. Mr. Magner stated the order was to remove improperly stored or accumulated rubbish, household items, building materials from the yard and porch. Also, to cut tall grass, weeds, and rank plant growth. The compliance date is June 26, 2002. The inspector went back and found there was no change, so a work order was issued. Ms. Moermond asked what basis they aze appealing. Ms. Lyons responded she is azixious to see the videotape because everything was cleaned up on the porch except for the building materials. The porch had a high railing with some screens taken off. The front has windows. A person could not see onto the porch. There were some things in boxes. Her neighbors told her that the carpet was tied up and hung with ropes on the side of the trash truck. (A videotape was shown.) Ms. Moermond stated she did not see the building materials and carpet on the videotape. Ms. Lyons responded they wete underneath that large 4 X 8 sheet of plywood. Mr. Magner responded he did not see plywood on the videotape, but he saw strand boazd. Even if it was plywood, it was not properIy stored and still considered under a nuisance code. Ms. Lyons stated-they were making a three season porch out of it. She already had the windows in the front. They were working on the house. She was out of town for a couple of days when the City took the stuff. U� 4 \ O MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 22 Ms. Moermond asked about the time period between the issuance of the orders and the abatement. Mr. Magner responded the original orders was issued on June 13 and the abatement was June 27. No mail was retumed. Ms. Lyons stated she contacted the post office and asked them to transfer all the mail, and to give her the mail that was there. About two weeks later, she gets a whole bunch of letters sent to her new address. Ms. Moermond asked did she have anyone else looking at the property because the inspector saw a lot of garbage on the front porch, and the lawn was not attended. Ms. Lyons responded the grass was cut a week before. Ms. Lyons' sister stated the windows were taken out for being repaired, but it is not technically an open porch. An open porch has four pillazs and there is full access to everything. The home was entered. There has been a disgruntled fellow that was helping, and they got rid of him, which is how all of this is coming about. This is hazassment by him. This has nothing to do with the City. That is the source of all the problem. Dorothy Lyons was living there until she had her accident. In the meantime, her son was hying to get it fixed up so they can rent it out or sell it. Dorothy Lyons stated there is a sign there that lists it as vacated. Ms. Moermond asked if the front porch could be considered private space. Mr. Magner responded he has been at this property. Based on what he saw on the videotape, he would still abate those things because that would be rodent harborage based on the accumulation of things on the front porch. His office is charged with making sure they do not allow hazborages to exist in the City. The City crew acted properly in abating that nuisance. Even if there was a secure door, if the violation is in plain site and creating a nuisance, the City still has police powers to abate that nuisance. Ms. Moermond stated if there was gazbage up to the waist inside the living room, for examp]e, the City can send the City crew to abate that property. Mr. Magner responded that is City policy. Dorothy's Lyons' sister asked what is meant by cleaz sight. Mr. Magner responded they obviously received a complaint on this property. The inspector is required to go up to the properiy and make a clear inspection. If they go up to the property, they knock on the door. If the front porch is open, they will proceed to the next door, which is the primary entry door. If that door was secure and there was no visitile sign of a violation, they would go no fiu than that. Ms. Moermond recommends approval of the assessment The public heazing before the City Council will be May 28 at 5:30 p.m. Garbage hauling for 663 Aurora Avenue. (J0207A) (Referred back to the Legislative Hearing Officer by Councilmember Blakey's Office.) (Note: the owner was not present when this address was called at the beginning of the hearing.) f � U� 4�� MINUTES OF THE LEGISLAT'IVEHEARING, May 13, 2003 Page 23 Elaine Elliott, 4613 Columbus Avenue, Minneapolis, representing her mother I,eona Monague, who is in a nursing home, appeazed. Her mother got a suinmons at the rental properry at 663 Aurora. She talked to the renter about cleaning up the property. There was no dispute about trash being dumped behind the property. There is a liquor store on the corner and there aze people that imbibe, act disorderly, and trespass. The garage is neaz the liquor store, and they use it for dumping and unsavory behavior. After the summons, Ms. Elliott talked to the tenant Beverly Rogers. Ms. Elliott called the City Attorney and talked to someone that said that she should get the properry cleaned up by the following weekend. She would like to get the time frame on this issue. She never received orders. (Ms. Elliott presented photographs. They were later returned.) Marcia Moermond asked when the orders were issued. Harold Robinson responded August 21, 2002, with a compliance date of August 26. There was a pre-authorized work order that was sent plus a citation because of the volume. It was mailed to Leona Montague at 797 Iglehart. A copy of the summary abatement was also mailed to the occupant at 663 Aurora. (A videotape was shown.) Ms. Moermond stated the cleaning crew went on September 5. Ms. Elliott stated there was more than that when she went there. There were televisions and appliances. Ms. Moermond responded there was a one hour minimum charge, and she is paying for one hour of labor plus the service chazges. It looks like the tenants took caze of the vast majority of the items listed. Because of the severity, the staff probably wanted it perfect when it was done. Ms. Moermond recommends reducing the assessment from $288 to $168 plus the $45 administrative fees for a total assessment of $213 as there was a good faith effort to get this property cleaned up. Appeals of Summary Abatement Order and Vehicle Abatement Order at 1483 Rice Street Mazcia Moermond recommends laying over to the May 27, 2003, Legislative Hearing. The appellant left when his sister had a medical emergency eazlier in the hearing. The hearing was adjourned at 1:56 p.m. rrxi z c � 3 r o � o � m � '� C � •y 2 3 ' 3 7 � � � z � � n ` ^ O W � I : �� _ n' o � �� _I � °� y - � � � x � .".r ��A - (y0 �� ° rZ w � �� i - � ' ' ° � U� � v � � � r 2 � N � � y �� r � �_ � � �,� � � � W "3 9 b n K _� �x ro i � � � _ o .. _ s> � a y 3 � � aa e i -�--x<��x o' u o„ U�p R.�. � y; n � aa . S. � '�"3 , rn .�. 3 g o^ `n o��a ,,,�,. y� C' o�a � o ' ; Zo `":O._ �s = �oRs �, �;z � � = = ° � `e °; z » ; � � ? 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