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03-509City of St. Pau1 RSSOLUTION RATIFYING ASSESSMENT COUNCIL FILE NO. �'3 � SQq BY_��'��" File No. SEE BELOW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for 5� 2 J2TRASH3QA (9914) Provide weekly garbage hauling service for third quarter of 2002 for 712 Hawthorne Ave. E. J0207A1AB (9927) Summary abatement (property clean-up) for property located at 712 Hawthorne Ave E. ASMT #9911 LAID OVER BY COUNCIL ON 4-2-03 TO 5-28-03 ASMT #9914 LAID OVER BY COUNCIL ON 2-26-03 TO 5-28-03 ASMT #9927 LAID OVER BY COUNCIL ON 3-26-03 TO 5-28-03 LEGISLATIVE HEARING WILL BE 5-13-03 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. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One egual installments. Yeas Nays vE�enanav .�lakey �ostrom �Coleman {�ys. �—Harris vLantry �Keiter 61n Favor p Against � '�l�y.,� Adopted by the Council: Date a$ � �c�� Certified Passes by Council Secretary , 'To Legislative Hearing Officer - 5-13-03 '�zblic Aearin¢ Date � 5 L8=�3 T.M.S./REAL ESTATE DIVISION :ontact Person and P6one Nu ber: Roxanna Flink�� 266-8859 Date: 4/25/03 0 D3 -S Green Sheet Number: 204143 ATIOR\EY ist be on Council Agenda by: U71GEi DIRECIOR �.& MGT. SVC. DIR. is[ be in Council Research O�ce IAyOR (OR ASSISTAi� 1 COi7NCII. RESEARCH noon on Friday public hearing is 5-28-03 DTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: At Council's request these items were laid over to 5-28-03, Summary abatements.�re�, ., Provide weekly garbage hauling service for the third quarter of 2002 for 712 Hawthorne Ave. E. and Summary abatement (property clean- up) for property located at 712 Hawthorne Ave. E. File No.'s J0207AAAA, J2TRASH3QA and J0207A1AB. PLANNIlVG COMMISSION CIVII. SERVICE WMNIISSION CB COMMITTEE rts whidh Council Objective Neighborhoods A STAFF Code A Enforcement � Has the persoN�rm ever worked under a con[rac[ for this departmen[? Has this persoNfirm ever been a City employee? Does t6is person/firm possess a skill not normally possessed by any current City employee? Explain all YES answers on a separate sheet and attach. PROBLEM, ISSUE, QPPOR7TJNI1'P (Who, What, When, Where, Why?): "SEE ORIGINAL GREEN SHEET NUMBERS 204035 and 204043" IF APPROVED: IF APPROVED: IF NOT APPROVED: e YES NO YES NO YES NO $�:� s�l�., .., . �, AMOUNT OF TRANSACTION: $1�OZS.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO SOURCE: A550SSIDQRtS AL INFORMATION: (EXPLAIN) 3 propertv owners will be notified of the ACTNTTY NUMBER: and �`:�� 2�Q� City of St. Paul Real Estate Division Dept. of Technology & Management Serv COUNCIL FILE NO. 03- SDg REPORT OF COMPLETION OF ASSESSMENT File No. SEE BELOW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for 2 J2TRASH3QA (9914) Provide weekly garbage hauling service for third quarter of 2002 for 712 Aawthorne Ave. E. J0207A1AB (9927) Summary abatement (property clean-up) for property located at 712 Hawthorne Ave E. ASMT #9911 LAID OVTsR BY COi3NCIL ON 4-2-03 TO 5-28-03 A5MT #9914 LAID OVER BY COUNCIL ON 2-26-03 TO 5-28-03 ASMT #9927 LAID OVER BY COUNCIL ON 3-26-03 TO 5-28-03 LEGISLATIVE HEARING WILL BF 5-13-03 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 $890.00 Engineering and Inspection $ Real Estate Service Fee $ Process Serving Charge $ Charge-Code Enforcement $75.00 Abatement Service Charge $60.00 TOTAL EXPENDITURES Charge To Net Assessment $1,025.00 $1,025.00 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $1,025.00 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 thereon as may be considered proper. 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Laid Over Summary Abatements: JOTRASH3QA Provide weekly garbage hauling service at 712 Hawthorne Avenue East; J0207A1AB Property cleanup at 712 Hawthorne Avenue East. ` 837 Fourth Street East 1 I,egislative Hearing 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 Legisiative Hearing Officer by Councilmember Reiter's Office.) Legislative Hearing Officer recommends deleting the assessment. 3. 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 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) Legislative Hearing Officer recommends laying over to the May 27, 2003, Legislative Hearing. 104 Larnenteur Avenue West j302TRASH4Q) Legislative Hearing Officer recommends laying over to the May 27, 2003, Legislative Hearing. 1004 Bush Avenue (J0302A) Legislative Hearing Officer recommends laying over to the May 27, 2003, Legislative Hearing. o� -snq LEGTSLATIVE HEARING REPORT OF MAY 13, 2003 Page 2 480 Sidney 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 year period. 1135 Bradle�et (J0301� Legislative Heazing Officer recommends approval of the assessment. 1756 Beech Street (J0301 V) Legisiative Hearing Officer recommends approval of the assessment. 493 BlairAvenue (J0301V) Legislative Heazing Officer recommends approval of the assessment. 897 Carroll 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. 1523I�lehartAvenue (J0302A) Legisiative Hearing Officer recommends approvai of the assessment. I 539 I�lehart Avenue (J0302A) Legislative Hearing Officer recommends approval of the assessment. 955 Jenks Avenue (J0301 SNO� Legislative Hearing Officer recommends approval of the assessment. 860 Lawson Avenue East (J0301 V) Legislative Hearing Officer recommends spreading the assessment over a five yeaz 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 (J0301 V) Legislative Hearing Officer recommends approval of the assessment. D 3 -So9 LEGISLATIVE HEARING REPORT OF MAY 13, 2003 Page 3 1176 Reanev Avenue (J0302A) Legisiative Hearing Officer recommends reducing the assessment from $288 to $99 plus the $45 administrative fees for a total assessment of $144. 433 Sherburne Avenue (J0301V) Legislative Hearing Officer recommends deleting the assessment. 501 Sherbume Avenue (J0302A) Legislative Hearing Officer recommends approval of the assessment. 608 Wells Street (J0301V) Legislative Heazing Officer recommends spreading the payment over a five year period. 1451 Englewood 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 appmval of the assessment. 707 Maryland Avenue East (J02TRASH4Q) Legislative Hearing Officer recommends approval of the assessment. 928 Maryland Avenue East (J0302A and J0302B) (Note: also see the appeal of the Summary Abatement Order.) Legislative Hearang Officer recommends laying over both assessments to the June 10, 2003, Legislative Hearing. 712 Hawthome Avenue East (J02TRASH4Q) (Note: also see the two assessments laid over from previous legislative hearings.) Legislative Hearing Officer recommends approval of the assessment. 1070 Margaret Street (J0301 V) Legislative Hearing Officer recommends laying over to the May 27, 2003, Legislative Heazing. 1688 York Avenue (J0301 V) Legislative Heazing Officer recommends laying over to the May 27, 2003, Legislative Hearing. 4. Appeal of Snmmary Abatement Order at 928 Mar�land Avenue East. (Note: this arder has already been conected by the City. Also being appealed aze two assessments from Files J0302A and J0302B.) Legislative Hearing Officer recommends laying over to the June 10, 2003, Legislative Hearing. 03 -SdR LEGISLATIVE HEt1RING REPORT OP MAY 13, 2003 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 Hearing 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 Abatemenf Order and Vehicle Abatement Order at 1483 Rice Street Legislative Hearing Officer recommends laying over to the May 27, 2003, Legislative Hearing. � �` o3-5�i MINUTES OF THE LEGISLATIVE HEARING LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SLJMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Tuesday, May 13, 2003 Room 330 City Hall, 15 West Kellogg Boulevard Marcia Mcermond, Izgislarive Hearing Officer The meering was called to order at 10:02 a.m. STAFF PRESENT: Steve Magner, Code Enforcement; Racquel Naylor, City Council Offices; Steve Rice, LIEP; Harold 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 aze 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 clearly told by the City Council that she had to 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 appeazed.) Marcia Moermond recommends approvai of the assessments. (Note: The owner arrived late; this matter was discussed again toward the end of the meeting.) Property eleanup at 663 Aurora Avenue. (J0207A) (Note: this assessment has aiready by ratified by the City Council. It was referred back to the Legislative Hearing Officer by Councilmember Blakey's Office.) (No one appeared.) Ms. Moermond recommends approval of the assessment. o�-5�i MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 2 (Note: The owner arrived late; this matter was discussed again toward 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 O�cer by Councilmember Reiter's Office.) Ronald Redalen, owner, appeared and stated he lived at 576 Portiand Avenue, and his property tax informarion goes there. The City sends things to 586 Portland. Marcia Moermond asked what are his addresses on record. Harold Robinson responded notices were sent to Ronald Redalen 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 5�6 to 586. Ms. Moermond recommends deleting the assessment as it looks like Ramsey County has the w7ong address. Summary Abatement: J02TRASH4Q Provide weekly garbage hauling service for the fourth quarter of 2002; J0302B Boarding-up of vacant buildings for February 2UO3; 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) Wesley Reynolds, owner, 3141 Clinton Avenue South, Minneapolis, appeared. Mazcia 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 properry.) 104 Larpenteur Avenue West (J02TRASH4Q) Paul Testor, owner, appeazed. Mazcia 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.) 1004 Bush Avenue (J0302A) Daniel Yesnes, owner, 14114 Canary Lane, Minnetonka, appeared. Mazcia Moermond recommends laying over to the May 27, 2003, Legislative Hearing. (Note: the postcazd was not returned in time; therefore, the records were not available far this property.) �� MINIJTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 3 480 Sidnev Street East (J0302A) (Steve Rice translated Spanish for this properiy.) Jorge Moreno, owner, appeazed and stated he lives at this properry. 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 miscellaneous debris were in the reaz. Mr. Moreno stated he moved these things off the properiy 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. Hazold Robinson responded there is no mention of them in the parks work order. Pazks retumes 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 owner 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 stuff. 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 norice 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 $3 ] 1.50 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 forthis property.) Marcia Moermond expiained that this is about two abandoned vehicles that were removed. The assessment far the removal and the service charges come to $856.45. Fernando Martinez, owner, appeared and stated he couldn't move the cazs. 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. U3� �0�7 MIlVi.JTES 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. Cleazly, the vehicies 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 cazs and the titles. Ms. Moermond responded they are 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 information on that. Ms. Moermond recommends that the assessment be spread over a five-year period. 1135 Bradlev Street (J0301 V) (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 caz 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 vehicle 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 citation is separate and different 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.) Marcia Moermond recommends approval of the assessment. c��,, �o� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2Q03 Page 5 493 Blair Avenue (30301� (No one appeazed.) Marcia Moermond recommends approval of the assessment. 897 Carroll Avenue (J0301� Marcia 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 are the owners of the property. He has been sick for quite a while. His money goes for food, iliness, and medication. He and his sons planned to restare the vehicles for the Peaceful Love Warriors to assist the police regarding violence. His son had a caz parked on gravel in the backyazd. 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 Budget Towing came in with a lot of guys, disrespecting him, and making it hazd 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 chazge 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 shouid 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 ihat car and put it in the ne� one. Harold Robinson reported the notice was sent on October 4 to Cary Rembert and Bettye Rembert at 897 Carroll. No mail 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 compliance date of October 1 l, 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 allowing 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 far the City. He knew that Mr. Rembert was taking an engine out of one vehicle and putting it in another. v`3 50�=1 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 large cost. She understands that he has financial hardship, and he has intentions for these vehicles, but he did not let the City know. She will recommend that the City Council deny the appeal on this assessanent and that the payment will be spread over five yeazs. 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 gazbage. He takes care of everything he has. People come into his yazd, 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 couid send her office a letter, if this assessment could be left as a one-yeaz installment, and if it is more than one percent of his gross income, he can defer it up to 20 years. It would sit on the property 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 Reai Estate to ask for a deferment based on disability. He would still 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.) Marcia Moermond recommends approval of the assessment. 1523 I�lehart Avenue (J0302A) Mazcia Moermond stated the City removed brush piles, rubbish, and building materials from the property at a cost of $297. Jason Graham, owner, appeazed and stated the City removed plywood for the roof. This was an abandoned properiy that he purchased. He has improved the properry. The City has harassed him. Every month he is getting a complaint. He wouid like to see the videotape. (A videotape was shown.) Mr. Graham stated the items that were taken were set out that same day. Piywood is not an abatable item. The City left the firewood. There really wasn't much gazbage. It feels like the City took what they needed, which was fhe plywood. Ms. Moermond stated if it is removed, it would be riuned into gazbage, and the City would not have used it. It is unfortunate if something useful is lost. �� G MINi1TES 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 properiy. The first time the inspector went there, he allowed seven days to see if it improved. It actually got worse. He then issued the orders to remove wood, household items, brush. The owner was issued an order to obtain a dumpster_ A siuumary abatement was issued on January 10, 2003, for rubbish, building materiais, tires, brush, general clutter. The reinspecrion 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 backyazd. 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. Also, if it is usable, it should be stored somewhere indoors or somewhere legai. Basically, outdoor storage is prohibited. Mr. Graham 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 plywood 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 plywood 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 azea. She suggests the owner show up at the hearing. The City did remove the materials. It is okay for the City to remove the plywood because it was stored outside. Mr. Graham asked where people are 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 calls, the City can accommodate these things. Sometimes, people have their entire yazds tom up for landscaping. The City knows things get in disarray when doing majar projects. Ms. Moermond recommends approval of the assessment. 1539 Iglehart Avenue (J0302A) (No one appeazed.) Marcia Moermond recommends approval of the assessment. 955 Jenks Avenue (J0301 SNOV� (No one appeared.) a3- 5 0� MINUTES OF THE LEGISLATIVE FiEARING, May 13, 2003 Page 8 Marcia Moermond recommends approval of the assessment. 860 Lawson Avenue East (J0301� Mazcia Moermond stated there was an abandoned vehicle on the properry, it was removed at a cost of $596.50. Paulett Gartner, owner, appeared 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 calied 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 car 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 titie. 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 also a charge. Ms. Moermond stated this is a quick turnazound. Harold Robinson responded the inspector issued a summary abatement. Upon issuing the wark 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 awaze. 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 will provide any records Ms. Gartner needs to bring the car owner to court. She asked would it help to spread the assessment over five yeazs. Ms. Gartner responded that would 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. I�arold Robinson reported there was a notice that on August 5 the City was going to provide trash service to that properry until she could prove she had a licensed hauler. The arder went out on July 30. Jeff responded he never got a notice on that. Once he got a bill, the tenant hired 0�,� 50�-� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 9 Superior. The letter was fased to Lisa Foster (Code Enforcement). He has another letter saying there is service at that address. He also has a receipt indicating payment 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 l, 8, and 15. On October 22, there was a pickup and an order to remove the trash coniainers. Ms. Moermond stated her paperwork shows that the service was disconrinued on October 18. If there was trash service from October 1 to October 8, then that is one or two 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 sezvice started. Jeff responded August 19 and the tenant got a bill for the month of September. On October 8, they fa�ced the inspector information that there was private garbage 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 fax 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 should be until October 8. Code Enforcement's 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 properiy. He bought the house in November and set up garbage service then. The title seazch did not come up with the City assessments. He got stuck with the bill. Mazcia Moerxnond 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 turned 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 still got charged 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 gazbage service or the City would stiil be picking it up. On ��' �� MINUTES OF THE LEGISLATIVE HEARINCt, May 13, 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 cleaz 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 approval of the assessment over a five-yeaz period. The City can provide them with any records that may help in dealing with the previous owner or title company. 873 Newcomb Street (J0301V) Marcia Moermond stated nine vehicles were towed for an assessment of $2,342.90. Tony Romero, owner, appeared and stated the gentleman next door brought over most of the vehicies. There were some circumstances, and Mr. Romero said he could park one vehicle on his classifaed 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 all the manager's tows because he is too busy keeping ali 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 agaan. Harold Robinson reported the order was issued on October 16, 2002. The reinspection was October 25, a work order was also 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 properiy, he knew the vehicles were there. Mr. Romero responded he was taken advantage of. He is prepazed to pay the assessment at this time. Also, 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 cali to get that information. Roxanna Flink explained that Mr. Romero will receive a bill after the City Council votes on this matter. 1176 ReaneY Avenue (J0302A) Vincent Hunt, owner, 1794 Englewood Avenue, appeazed and stated there is a huge breakdown in communication with Code Enforcement. He would like everything read about what was with this one. $e threw away his documents because the inspector said it is okay what you are going through; therefore, he does not have detailed information. (A videotape was shown.) o�-�d� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 11 Harold 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 rimes. 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 personai properry 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 gazbage and throw it away for $50 off the rent. She obviously did that. He could not do anything about the furniture. Ms. Moermond recommends reducing 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 will split the assessment in half. 433 Sherburne Avenue (J0301 V) Marcia Moermnd stated there was an abandoned vehicle on the properry. Hoang Huy Pham, owner, 441 University Avenue, appeared and stated the vehicle was not in his backyazd. He looked the other day, and he did not see a vehicle. He does not live at this properry; it is a rental. Hazold Robinson reported there were two vehicles in the backyazd on the grass. The vehicles were still in violation on October 18. No call was received from the properry 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 stiil 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 wiil check with the police departxnent 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. ��O�i MINLTTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 12 (Note: After checking into this issue, Ms. Moermond's recommendation is to delete the assessment as police reports indicate the vehicle was towed from 527 Armidel Street. Racquei Naylor notified the owner.) 501 Sherburne Avenue (J0302A) Marcia Moermond stated this is about fiuniture and rubbish removed from the properry for an assessment of $288. Melissa (Enriquez) Becerra, owner, appeared and stated she got a letter and she cleaned it up. No one picked up anything because she cieaned 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 hersel£ 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 Wells Street (J0301V) Marcia Moermond stated the City removed and stored an inoperable vehicle without current tabs at a cost of $791.45. Richazd Culbertson, owner, appeared and stated it was on his property on black top. There was a 21 day sticker on it. They were going to install 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. 03-�0� MINIJTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 13 Hazold Robinson reported a notice was mailed to Mr. Culbertson at 608 Wells on October 4, 2002. Mr. Cuibertson responded he does not doubt that he did, but he did not receive it. He has had people come from rivo 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 caz were for lack of cunent 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 condifion. The work order was sent to the police who towed the vehicle on October 24. They also tagged it for no plates. Steve Magner responded that the citation would have gone to whoever is listed as the owner of the vehicle. Ms. Moermond asked would he like the payment spread over five years. 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 explained the process. 1451 Enalewood Avenue (J0301 V) Marcia Moermond stated this is an abandoned vehicle tow. Dale Seitzer, owner, appeazed and stated he toid 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 alley. He buys the gravel to put on it. The inspector said the car had to go. Ms. Moermond asked was the caz in the alley. Mr. Seitzer responded it must have been, but he does not remember. He had some rubbie to get rid of. He was paying more attention to that. The car does not belong to anyone in his house. He does not know which haif of the ailey it was pazked on. His land is paved. He guarantees there were no abandoned cars parked on his alley. Ms. Moermond stated it depends on whether at is an improved alley or an unimproved aliey as to who takes responsibility for maintaining it. If it is an unimproved aliey, then it is the responsibility of the property owners. If it is improved, then it is the City's public right of way. She wi111ook into it. Mr. Seitzer stated he does not have access to who owns the vehicle. There is nothing he can do. Harold Kobinson reported it was a biue 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.) C��-50� MINLTTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 14 Ms. Moermond stated if it is his properly, 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 summary 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 caz will be towed. Mr. Robinson responded they try to contact personaliy. 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 conununication. The Councilmember for this ward 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 (J0301 V) (No one appeared.) Marcia Moermond recommends approval of the assessment. 661 Western Avenue North (J0302Bj (No one appeared.) Marcia Moermond recommends approval of the assessment. 707 Maryland Avenue East (J02TRASH4Q) (No one appeazed, but the owner mailed a letter to Marcia Moermond regazding his appeal.) Ms. Moermond recommends approval of the assessment. 928 Maryland 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.) S\ o�-5c��, MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 15 � 712 Hawthome Avenue East (J02TRASH4Q) Legislative Hearing Officer recommends approval of the assessment. (Note: see minutes later in the meeting.) 1070 Mazeazet Street (J0301 V) Mazcia Moermond recommends laying over to the May 27, 2003, Legislative Hearing. (Note: the owner appeared at this meeting, but had not retumed 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 avaalable.) Appeal of Summary AbatemenY Order at 928 Maryland Avenue East. J0302A Property clean up at 928 Maryland Avenue East J0302B Boarding up of vacant building at 928 Maryland Avenue East (Note: this order has already been conected by the City. Also being appealed are two assessments from Files J03Q2A and 7Q3Q2B) 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 summary abatement order pius two appeals for assessments. There was a fire and the property was condemned. Mr. Korf responded he does not know about the assessments. Ms. Moermond asked if this is a registered vacant building. Steve Magner responded that is correct. His office received cazds to appeal the cost of the two stunmary abatements conducted on the property. Also received was an appeal of the summary abatement order that was issued, but ihe appeal was received after the compiiance date. (Mr. Korf gave Ms. Moermond paperwork.) Mr. Korf stated that Ms. Gloe has had several issues with code violations. She has always compiied 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. C�3 �d �► MINLJTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 16 She noticed it was the code guy. She requested a different code o�cer 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. Jun Prili 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 yeazs 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 demolirion. 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 1, the inspector came out and condemned the house that day. The American Ited 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. Gioe moved into his house for a few days. Mr. Korf's Ietter 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 condemnation. He called 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. Ka1is 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 the process, she and her kids are trying to get stuff done regarding the insurance guy. The inspector wouid 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 tell her to remove everything out of her house. On Apri14, the inspector placarded the house as a vacant building. It takes an affidavit and owner's signature on a vacant buiiding before it can be registered. Mr. �Zr�� MINUTES OF THE LEGJSLATNE 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 piacard dated November 7, the night of the fire, 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 tell her they want something done, and she gets it done. But, 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. Gioe stated she was in the hospital 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 boazded and secured as of April. Mr. Magner added that boazding contractors boarded the building on Apri130. Mr. Korf asked can the house be registered as a vacant building by the owner. Also, why wouid the inspector come out every night befare 8:00 two 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 Heazing. She would like to look at this issue a little more. Right now, an terms of the summary abatement order, the City has already done the work. She will read through the materials to consider this. For future reference, that is something they wouid want to share through the change of command. In this fonun, 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 taik to Council President Dan Bostrom. What will be discussed on May 27 will be the two assessments and the one Summary 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 maii 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, ttus property will be his to deal with from now on. Ms. Moermond asked when the order to abate the nuisance building comes forwazd. Mr. Magner responded it wili be shortly. (Note: At this hearing, Marcia Moermond recommended laying this over to May 27, but she decided to hear laid over issues invoiving this properiy along with the resolution to remove or repair the property on June 10, 9:00 a.m.) o�-�� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 18 � J02TRASH4Q Provide weekly garbage hauling service for the fourth quarter of 2002 at 712 Hawthorne Avenne East JOTRASA3QA Provide weekly garbage hauling service at 712 Hawthorne Avenue East; (Laid over from a previous legislative hearing) J�2a7AlAB Property cleanup at 712 Hawthorne Avenue East (laid over from a previous legislative 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 aze charging her for six months of garbage 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 chazged 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 garbage 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 garbage can is sfill 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 it 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. Aiso, 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 garbage hauler registered at the properiy 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 City. 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 cailing and explaining the situation. She talked to some peopie, 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 soid, up for sell, and vacant. There is no reason to have garbage service there. �� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 19 Ms. Moermond asked what ihey are looking far to discontinue gazbage service. Mr. Robinson responded proof that it is vacant or proof that they have a registered licensed gazbage 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 wouid not necessarily mean anyching. (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 ailey 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 clear what they were looking for in order to stop the mandatory gazbage service. Ms. Flemino responded they wanted proof that she had two months worth of private garbage service. It would make sense if she was living in the home to do that, but she was not. As faz as a copy of her being on the lease at that apartment, she was not on the lease ]egally, but she was living ihere. 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 disputing all of the assessments, but she would be happy with deleting the three months that she was not there. Now, the City is going to bill the new owners. It was the City's responsibility to remove that garbage can the day she sold the house. Ms. Moermond asked did the files indicate that ttae City was infonned 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 Pazks to discontinue trash service after he confirmed she was ]iving in another place. On October 2, 9, 16, 23, 30, November 6, 13, 20, 27, December 4, 11, 18, 26 Parks picked up at the property. Ms. Flemino stated that he acknowledges that she is not there. He cailed to have the garbage can removed, and it is still there. Ms. Moermond stated that tl�e City removed the dog feces for the minimum charges of $225 an hour plus the service chazge. 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 household garbage. Mr. Betz said at the previous hearing that the same people pick it all up. Ms. Moermond stated it is Parks and Recreation Yhat pick it up. It is the same department. She asked is it the same staf£ Mr. Robinson responded he has no idea, but the garbage 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. �� MINUTES OF THE LEGISLATNE HEARING, May 13, 2003 Page 20 Ms. Flemino stated he should have made that cieaz to her. Mr. Robinson responded he made it cleaz to her on the telephone. He told her it would be billed extra. They will 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 filmed 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 will 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 compietes what they aze instructed 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 tnne. 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 reconunend 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 gazbage 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 wouid 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 heazd at City CounciPs Public Hearing. 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 cailed 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 pr.operty. There were orders to cut grass. o�-5a� MINUTES OF THE LEGISLATIVE HEARINC, 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, 10105 Tenth Street North and 10072 Tenth Street North, Lake Elmo. 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. Marcia 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 xesponded she is anxious 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 were underneath that large 4 X 8 sheet of piywood. Mr. Magner responded he did not see plywood on the videotape, but he saw strand boazd. Even if it was piywood, it was not properly stored and stiil 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. c�� - 5a� MINLTTES OF THE LEGISLATNE 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 3une 13 and the abatement was June 27. No mail was returned. 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 iwo 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 technicaily an open porch. An open porch has four piilars 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 harassment 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 trying 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 properiy. 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 harborages 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 garbage up to the waist inside the living room, for example, the City can send the City crew to abate that property. Mr. Magner responded that is Ciry policy. Dorothy's Lyons' sister asked what is meant by clear sight. Mr. Magner responded they obviously received a complaint on this property. The inspector is required to go up to the property and make a cleaz inspection. If they go up to the properry, 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 visible sign of a violation, they would go no further than that. Ms. Moermond recommends approval of the assessment. The public hearing before the City Council wiil be May 28 at 5:30 p.m. Garbage hauling for 663 Aurora Avenue. (J02Q7A) (Referred back to the Legisiative Hearing Officer by Councilmember Blakey's Office.) (Note: the owner was not present when this address was called at the beginning of the heazing.) o�- 50�, MINLJTES OF THE LEGISLATIVE HEARI23G, May 13, 2003 Page 23 Elaine Elliott, 4613 Columbus Avenue, Minneapolis, representing her mother Leona Monague, who is in a nursing home, appeazed. Her mother got a sutnmons at the rental properry at 663 Aurora_ She talked to the renter aboitt cleaning up the properly. Tl�ere was no dispute about trash being dumped behind the properiy. There is a liquor store on the comer and there aze people that imbibe, act disorderly, and trespass. The gazage is near the liquor store, and they use it for dusnping and unsavory behavior. After the summons, Ms. Elliott talked to the tenant Beverly Rogers. Ms. Elliott calied the City Attorney and taiked 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. Blliott presented photographs. They were later returned.) Marcia Moermond asked when the orders were issued. Hazold Robinson responded August 21, 2002, with a compliance date of August 26. There was a pre-authorized work order that was sent pius 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 charges. It looks like the tenants took care 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 cieaned up. Appeals of Summary Abatement Order and Vehicle Abatement Order at 1483 Rice Street Marcia Moermond recommends laying over to the May 27, 2003, Legislative Hearing. The appellant left when his sister had a medical emergency eariier in the hearing. The hearing was adjourned at 1:56 p.m. rrn z 0 ° � /� e�'J ( \ �' � � Z � � � ,�� ( � � \ \ � �� o-+ � �� I (� � �, ��. � > ` �. r e� 1 � J \_�� -� � � \ O � �; � � -� �� ? � z � � `(� � d \ T � �' /��` �' C-7 `i l (�� Z � �) �� Cy "(1 � � � � � .� � � 7 � n x m � � � m � V � N a � � � �� U � G N C � � � a a � � � � � � UO � m -e N � � 0 0 i� -e � 0 � y v c �r�r3 m =rxcz��x o e c, � o �i ; a�'o y� R a n' m n �' � '3. ii .nn-. a " =• � '�"3 = ri; � " 0. 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