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03-557� r- � ; n '' n — S S'l City of St. Paul �' s�—� F `. t>' � COUNCIL FILE N0. � Ii, Vl��}1 RESOLIITION RATIEYING ASS&SSM&NT By Fi e . SEE BELOW �q d� Assessment No_ SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for J0302A1 (9944) Summary abatements (property clean-up) during the month of February 2003 for property at 1523 Iglehart Ave. LAID OVER BY COUNCIL ON 5-28-03 TO 6-4-03 LEGISLATIVE HBARING WAS 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. RHSOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. COUNCILPER50N Yeas Nays ✓t3enanav ,/Blakey ✓BOStrom ✓Coleman ✓Fiarris vY�antry �eiter �In FavoY O Against Adopted by the Council: Date � p 3 Certified Passes by Cauncil Secretary ' City of St. Paul Real Estate Division Dept. of Technology & Management Serv REPORT OF COMPLETION OF ASSESSMENT COUNCIL FILE NO. File No. SEE BELOW Assessment No. SEE BELOW 03 -55r1. Voting Ward In the matter of the assessment of benefits, cost and expenses for J0302A1 (9944) Summary abatements (property clean-up} during the month of February 2003 for property at 1523 Iglehart Ave. LAID OV&R BY COUNCIL ON 5-28-03 TO 6-4-03 LEGISLATIVE HEARING WAS 5-13-03 To the Council of the City of St. Paul The Valuation and Assessment Engineer nereby reports to the Council the following as a statement of the expenditures necessarily incurred for and in connection with the making of the above improvement, viz: Total costs Charge-Code Enforcement Abatement Service Charge $252.00 $25.00 $20.00 TOTAL EXPENDITURES Charge To Net Assessment $297.00 $297.00 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $297_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. ppp Z � � i ! Dated - ''' ��i 'a '>� �—� d.�e � � 9 � Va5.i3'atio�a d s sment Engineer s-ec�b �� White ��', � a � a a W � � E C � � s N £ � Q U a � .�J a � � � N � � M i � ql0 .. � o � �� � � M � E�M a i i W i n1 � W � N O a � rn i a�N v i M W� o 0 o n o i E� o 0 o II o i Z i • . . II • r a� N ttl O II P � O��1 N N II O� � � i N il} ih II N I � � II � i II a n � o �� F i� � U � 11 � i ii W 11 i U) I O O O I E�000 i H I O O O � � 1 O O O I i ry ri .i � 1 N 1 Q I N 1 F � � v� � � � W i i Wi000 [ � o 0 o i FC � o00 rx � � �.��;o � E � N N H I z I I ] I I I I I I � I � 1 I � � I [�] Ul U' F a � w � �C�a � � i z � �r�w a�auu o � r�mH � F � U i U RS � w��am � � � � � � �FE ��z �Ua i O 2 i W U O�x � H i E>+ F i W a � o�n ..M � H� E W o i c4 i E m i U � z O r+ � m�O ZN� W i N Yk � ca � Fa Nw � N i O FC �.' FC W� z � a waa � w� ao� a � mH •o� O � �nz a pt i a��wHo�o� � FCO�.7 3 � � � � � � "' � 0 i � i c i In N i � � � � tx i wu i �i ��EW i w i H �nfx0 � � CL�nrL i Fixx2W� � w�a � � o � c��a�z H 'a H i a�z aMQ � w�oMaNz � 3 � � � F ti W o�h�m�� � 0 0 o n o 0 0 o I I o • ii • N Ifl O II l� NNN II 61 N L?L? II (V � II� •W W ii W U] C� II � � � ii WO�II r.�UU II rxw��a C4UU 11/� �x>ii0 � c�a n H wwu ma �iiU aaanw r� �C RC n h EEEIIQ 000na F E+ H n a � a w a a H a w W 0 � a W �. a � �3 -5 `� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUoffice/council: I Date Initiated: L a3 — 55'� � TE — 7echnologyandManagemen[Serv � 30-MAY-03 Green Sheet NO: 204150 ' Contact Person Bruce EnglebreW � 266-8854 ` � 04JUN-03������� (�CaaRlnl, j y Number For Routing Order 0 echnoloev and Manaeement S � 7 Council � NancvAoderson �, ToWI # of Signature Pages �(Clip All Locations for Signature) At Council's request on 5-28-03 this item was laid over to 6-4-03, Smnmary abatements (property clean-up) during the month of February 2003 for property at 1523 Iglehart Ave. File J0302A 1 " Recommenda6ons: Approve (A) or R , Planning Commission ' CIB Committee � Civil Service Commission (R): ', Personal Service Contracts Must Answer the �'I. Has this personffirm ever worked under a contract for this department? � Yes No � ; 2. Has this person/firm ever been a ciry employee? " Yes No ; 3. Does this personffirm possess a skill not normally possessed by any ' current ciry employee? Yes No j Explain all yes answers on separate sheet and attach to green sheet �, Initiating Probiem, issues, Opportunity (Who, What, When, Where, Why): ` , i"SEE ORIGINAL GREEN SHEET NUMBER 204138" Advanqqes If Approved: � Disadvantapes If Approved: DisadvantaAes If Not Approved: ���C�1 �'�S?$2Y <�:;.<: � � 2��3 otal Amount of 297 Trensaction: Fundinp Source: Financiat Information: � (Explain) CostlRevertue Budgeted: Activity Number: 1 Property owner will be notified of the public hearing and charges. To Legislative Hearing Officer - 5-13-03 Public Hearing Aate - 5-28-03 T.M.S./REAL ESTATE DIVISION n[act Person and Yhone Number. Roxanna Flink��(� 266-8859 st be on Council Agenda by: st be in Council Research Office noon on Friday r J- 4-18-03 Dat e: (OR ASSISTANI') # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNA AESEARCH )N REQUESTED: Set date of public hearing and approve assmts for Provide weekly garbage hauling service for the fourth quarter of 2002, Boarding-up of vacant buildings for the month of February 2003, Summary abatement (property clean-up) for part of 3anuary 2403 to part of March 2003, Summary abatement (snow/ice removal and/or sanding of walks) from February 2003 to part of March 2003 and Towing of abandoned vehicles from private property for the month of October 2002. k'ile No.'s J02TRASH4Q, J0302B, J0302A, J0301SNOW and J0301V. PLANNiNG COSIJIISSIOi� CN[L SERVICE CObIJ1ISSION CIB COSIMITfEH rts whidh Council Objec[ive Neighborfioods A STAFF CoJe A Enforcement A vacan[bldg Ward 2 �� 03 —ss� 3/27/03 Green Sheet Number: 204138 EPAATS[EM DIRECI'OR CI7Y COUYCIL ICYA7TOR.�EY CITYCLERK tiDGET DIRECTOR FIV.&DIGT.SVC.DIR. Explain ali YES answers on a separate sheet and a[tach. PROBLEM� ISSCE, OPPORTUNITY (�Vho, Whaq When� Wherc, Why.'): vES n�c YES n( ]'ES \( Property owners or renters create a health hazard at various times throughout the City of Saint Paul when their property is not kept up_ 'ANTAGES IF APPROVED: Cost recovery programs to recover expenses for Garbage hauling, Boarding-up, 5ummary abatement and Towing of abandoned vehicles. This includes cutting tall grass and weeds, hauling away all garbage, debris, refuse and tires. Also, all household items such as refrigerators, stoves, sofas, chairs and ali other items. In �vinter this includes the removal of snow and ice from sidewalk and cross walks. IF APPROVED: If Council does not approve these charges, General Fund would be required to pay the assessment. Assessments are payable over 1 or 10 years and coilected with the property taxes if not naid IF NOT A4PROVED: Neighborhoods would be left to deteriorate and property values would decline. Nobody would take care of their Qroperty, especially vacant or rental properties. Rodeuts, filth, garbage and trash would accumulate everywhere Disease and pests could become a problem. Ab10U\T OF TRANSACTION: $(O�SC7S.IO COST/REVENUE BUDCETED (CIRCLE O\E) YES SOURCE: ASSESSR1C11tS OAI)' AC7�NITY NU�IBER: �L INFOR�tA'i'iON: (EXPCAI\) 144 property owners �vill be notified of the Has [he person/f rm ever worked under a contract for this department? Has this person/firm ever been a City employee'. Does this personffirm possess a skill no[ nurmall}' possessed by any current City empioyee? and o� -ss � Public hearing in the matter of the assessment of benefits, cost and expenses for sununary abatement (properiy clean-up) for part of January 2003 to part of March, 2003 foz property located at 1523 Iglehart Avenue (J0302A). (Legislative Hearing Officer recommended approval of the assessment) (Laid over from May 28) (Resolution Ratifying Assessment will be inlroduced under suspension). \ _' �� � � � \ � \ � � � v"� �, � � ��� ' � wv r� G1 ..] C y n { °' K N e � � x c � t m � ' a � o : a � � 3 � ° e � ° � ss 0 v n � �I � � � O A � .'. z 3 c 0 � i Z C z � m � n c � e o m � n Q ^ �' c 3 m � c � n � n o -- � n � .�. z �e '° � � e ,� " e ° a � N •• o y O �1 � — � � l� 2 0 � e > r c = d G � ° rn � 3 `° x O � � ' �c � n a � � m `° m " � '�} C Z 3 fD y � M o � � � m 3 � � I I ` a r bs v, sz v3 bs es v, � y z v k r'� � [� N Ql *�n yJ 0 cn N � n O 0 0 � ? m o ' y „ m m 3 e o m � � � O S G � i i Z � � � o a � � � O W O U O flf Q � v� � n 7 • O a < c � e O � 0 � P rn p o` r a a o_ ° .l .°. a � m v 'n � o e � 3 � y � e � 3 y ° m '. ? q C 3 °- � � � � O O p w m 0 o w m 6 � � e n Fn Es a � a r � � e e`i � � n n •e s C 7 U Q o'a -� � v � K o n � � c O o � � z a 3 c � � °, � rn 7 o' ee G � � � N �S O p o ,. W � R C � rn � 'O `� b � M � `Gt (D � � � y G '�. , O � N � W � VO � rn � � .�'.. � a ° " � � ao rn 0 0 � � 0 O O N a a 3 � 0 � A A o� _ ss� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 6 Ms. Moermond staled it was almost t�ree weeks between when the orders were written and when the velucle were removed. The City did experience this large cost. She understands that he has financial hardship, and he t�as mtentions for these vehicles, but he did not let the City lmow. She w�71 recommend that the Ciry Council deny the appeal on this assessment and that the payment will be spread over five years. Mr. Rembert stated he would l�lce to appeal this. He also does not feel it is fau� for the City Council to decide that whaY a man has is garbage. He takes care of everythmg he has. People come mto his yard, steal his dogs from bun, steal bicycles. He does not t�ave protection in his community from situations 1�1ce this. Ro�canue Flmk responded that ifthe City Coimcil approves this assessment, he has the right to appeal to District Court. She asked is he permanently disabled Mr. Rembert responded yes. Ms. F7ink stated ifhis doctor could send her office a letter, ifthis assessment could be left as a one- yeaz mstallment, 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 be sells or 20 years eapaes. It would accrue interest at 4.75%, but it would be kept offhis ta��es. It is another oprion. The owner should contact Real Estate to ask for a deferment based on disability. He would still have the option to appeal to District Court. Ms. Moermond recommends spread'nig the assessment over a five-yeaz period 608 Case Avenue (J0301� (No one appeazed.) Marcia Moermond recommends approval of the assessment. � 1523 Iglehart 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, appeared and stated the City removed plywood for the roof. This was an abandoned property that he purchased. He has itnproved the property. The City has harassed him. Every month he is getting a complaint. He would like to see the videotape. (A videotape was shown.) Mr. Crraham 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 much 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 garbage, and the City would not have used it. It is unforhmate if something useful is lost. 0 3 ss� NIINIJTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 7 Harold Robmson reported orders were mailed on 3anuary 13, 2003. There were brush and possible commercial dumpster. There was work in progress at the property. The first tune the mspector went there, he allowed seven days to see if it unproved. It actually got worse. He then issued the orders to remove wood, household items, brush. The owner was issued an order to obtam a dumpster. A summary abatement was issued on 7anuary 1Q, 2003, for rubbish, bu7ding materials, tu�es, brush, general 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. Robmson responded it is possble. Ms. Moermond asked is there anythmg about plywood being defined as a nonabatable item Mr. Robmson responded it is a judgement at the time of the abatement. If it is water logged, wazped, 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 legal. Basically, outdoor storage is prolvbited Mr. Crraham stated they didn't take that much; maybe ten sheets ofplywood Under the Mmnesota Statute, firewood is an abatable item, but they took the plywood ne�rt to it. They also took some car parts. Ms. Moermond responded it was a matter of the firewood havmg been stored properly and the piywood bemg stored improperly. Mr. Robinson concurred and stated if the firewood is stored properly, it can be stored outside. Ms. Moermond recommends approvmg 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 the plywood 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 mare time to deal with this issue. If he calls, the City can accommodate these thmgs. Sometimes, people have thefr entae yards torn up for landscaping. The City knows things get m disarray when doing major projects. Ms. Moermond recommends approval of the assessment. 1539 Ielehart Avenue (J0302A) (No one appeared) Marcia Moermond recommends approval of the assessment. 955 Jenks Avenue (J0301SN0� (No one appeazed.) o � -S S'1 MINUTES OF THE LEGISLATIVE HEARING LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAII2, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS Tuesday, May 13, 2003 Room 330 City Hall, 15 West Kellogg Boulevard Mazcia Moermond, I.egislative Hearing Officer The meeting was called to order at 10:02 am STAFF PRESENT: Steve Magner, Code Enforcement; Racquel Naylor, City Council Offices; Steve Rice, LIEP; Hazold Robmson, Code Enforcement; Tchu Ya�1�, Planning and Economic Development Mazcia 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 Properly cleanup at 837 Fourth Street East: JOT'RASA3QA Provide weekly garbage hauling service at 712 Hawthorne Avenue East; J0207A1AB Property cleanup at 712 Hawthorne Avenue East. 837 Fourth Street East (No one appeazed.) Ms. Moermond recommends approval of the assessment. The owner was cleazly 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 approval of the assessments. (Note: The owner arrived late; this matter was discussed again towazd the end of the meeting.) Property cleanup at 663 Aurora Avenue. (J0207A) (Note: this assessment has akeady 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 ofthe assessment. o �-ss� MINiJTES OF TI� LEGISLATIVE HEARING, May 13, 2003 Page 2 (Note: The owner arrived late; this matter was discussed agam toward the end of the meeting.) Property cleanup for Kent and �Yont. (J0207A2) (Note: this assessment has already by ratified by the City Council. It was referred back to the Legislarive Hearing Officer by Councilmember Reiter's Office.) Ronald Reda]en, owner, appeared and stated he lived at 576 Portland Avenue, and his property taY mformation goes there. The City sends things to 586 Portland. Marcia Moermond asked what aze his addresses on record. Hazold 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 transcnbed, 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 Board'eug-up of vacant buildiags 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 Marvland Avenue East (J02TRASH4Q) Wesley Reynolds, owner, 3141 Clinton Avenue South, Minneapolis, 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 auailable for this properiy.) 104 Lamenteur Avenue West (J02TRASH4Q) Paul Testor, owner, appeared. Marcia 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 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 Hearing. (Note: the postcazd was not returned in time; therefore, the records were not available for this property.) 0 3 _ss �j MINUTES OF TI� LEGISLATIVE HEARING, May 13, 2003 Page 3 480 Sidnev Street East (J0302A) (Steve Rice translated Spanish for this property.) Jorge Moreno, owner, appeared and stated he lives at this property. Mazcia 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 rear. Mr. Moreno- stated he moved these things off the property himself. (A videotape was shown.) Ms. Moertnond asked is there any indication about the washer and water heater because it was not shown in the video. Harold Robinson responded there is no mention of them in the pazks work order. Pazks 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 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 tliink he had to clean i�ehind the fence. Mr. Robinson responded it is an unnnproved 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 adwuiistrative 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 (J0301V) (Steve Rice translated Spanish for this property.) Marcia Moermond explained that this is about two abandoned vehicles that were removed. The assessment for the removal and the service chazges 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. a� -ss� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 4 Ms. Moermond stated ifhe owns the property, then he is responsble for keepmg the vehicles on an approved surFace, operable, and with tabs to show they are registered with the state. Clearly, the vetricles were not operable. She asked would he 1�1ce the assessment spread over five years. Mr. Martinez responded yes. Mr. Martmez asked what bappens to the cars and the titles. Ms. Moermond responded they are auctioned off if someone does not pick them up after a certam number of days. Mr. Maguer responded the title has been cleared by the state. Mr. Martinez stated he has a}ready 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 fivo-yeaz period 1135 Bradlev Street (J0301 V) (Tchu Ya�1i translated Hmong for this property.) Blong Lee, owner, appeazed and stated this is about a van with expired tabs. The total cost of the assessment is $581.45. He got a notice for e�ired tabs and paid it already. Ms. Moermond asked was the vehicle inoperable. Mr. Lee responded the car was still working, but it had transmission problexns. He did not have fixnds to fuc it. Hazold 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 e�ired 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 (J0301 V) (No one appeared.) Marcia Moermond recommends approval of the assessment. 0�-�`1 NIINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 5 493 Blair Avenue (J0301� (No one appeared.) 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, appeazed 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, illness, and medicatioa He and his sons planned to restore the vehicles for the Peaceful Love Warriors to assist the police regarding violence. His son had a caz parked 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 velucles were on flat tires so no one would steal them When the police came, they dragged his vehicles out of the yard and into the alley. He watched as Budget Towing came in with a lot of guys, disrespecting him, and m2kiug it hard for him to understand why they were there the next day. He e�lained to them that he just got the notice yesterday. Mr. Rembert is upset about this and the high chazge when his family is already stnxggling. 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 ctiarging hixn. 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 rnnning, he takes it out of that car and put it in the next one. Hazold 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 11, 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 for the City. He lmew thai Mr. Rembert was taking an engine out of one vehicle and putting it in another. O7_SS� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 8 Mazcia Moermond recommends approval of the assessment. 860 Lawson Avenue East (J0301� Mazcia Moermond stated there was an abandoned vehicle on the property, 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 ta]ked to someone. They said they would give him two weeks, but it was towed in two days. He had no say in this caz. They could not get the car out. It was the owner that should be Sned. Ms. Moermond responded that would be the case if it was on a public streef, 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 caz 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 ]aw which is also a cl�arge. Ms. Moermond stated this is a quick turnaround Hazold Robinson responded the inspector issued a siunmary abatement. Upon issumg the work order, she called and talked to Arthur (Gern�ain), who gave him the phone number of nephew Tony, and then the inspector calted 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. Gartuer needs to bring the caz owner to court. She asked would it help to spread the assessment over five years. Ms. Gartner responded that would be better. Ms. Moermond recommends spreading the assessment over a five-yeaz period. 1459 Matilda Street (J02TRASH4Q) Mazcia Moermond stated this is about trash service being provided as a cost of $270. Je� 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 faYed the stuffthey had. It is his understanding the barrel was removed. Hazold Robinson reported there was a notice that on August 5 the City was going to provide trash service to that property until 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 o� -ss � MINLTTES OF TF� LEGISLATIVE HEARING, May 13, 2003 Page 9 Superior. The letter was faYed to Lisa Foster (Code Enforcement). He bas another letter saymg there is service at that address. He also has a receipt mdicatmg payment was made, He believes the bazrel was removed. Jeff asked was there a pickup m the last quarter of 2002. Mr. Robmson responded he t�ad a sheet for every pickup. He has a October 1, 8, and 15. On October 22, Yhere was a pickup and an order to remove the trash containers. Ms. Moermond stated her paperwork shows that the service was discontmued 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 wern out on July 30. The cans were placed on September 3, 10, 17, and 24. Jeff responded those were akeady paid far. Ms. Moermond asked for the dates agam when the service stazted Jeffresponded August 19 and the tenant got a bill for the month of September. On October 8, they faaced the inspector infocmation that there was private garbage service there. Mr. Robmson responded the mspector has a note tUat she received a fax on October 18 regazding trash service at 1459 Matilda. She sent a faic to Parks on October 21 to cancel Ciry service there and to pick up the trash barrel. Ms. Moermond stated it seems 1�1ce a ten day delay on the City's pazt m processmg. Her records show thaY it shouid be until October 8. Code EnforcemenYs records go until the 18'�. She will split the difference. The owner only experienced charges for two weeks of the fourth quarter. Mr. Robmson responded pickup is $50 a week. Ms. Moermond recommends reducmg the assessment from $270 to $90 plus the $45 administrative fees for a total assessment of $135. 554 Mmnehaha 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. Marcia 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 turned up during the title seazch. 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 still be picking it up. On p� _SS � MINiTI'ES OF TFIE LEGISLATIVE HEARING, May 13, 2003 Page 10 December 10, it was verified tt�at there was service with Superior Sanitation. An order was sent to discontmue City service. Steve Magner stated the ord'mance is clear thaL they need written proof. Ms. Moermond responded that it says thaY the Ciry got it m 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-year period The City can provide them with any records that may help in dealing with the previous owner or title company. 873 Newcomb Street (J0301� Marcia Moermond stated nine vehicles were towed for an assessment of $2,342.90. Tony Romerq owner, appeazed and stated the gentlemau nea�t door brought over most of the vehicles. There were some circumstances, and Mr. Romero said he could pazk 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 all the u�anager's tows because he is too busy keeping all of his Certificate of Occupancies happening. The neighbor never removed the vehicles. Mr. Romero felt sorry for the guy because his mother died. Then, he took advantage of the situation. It will never happen again. Hazold 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 unsuccessfixl. 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 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 lvm a call to get that informarion. Roxanna Flink eacplamed 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, appeared and stated there is a huge breakdown in communication with Code Enforcement. He would like everything read about what was with this one. He 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� -S5� MINUTES OF Tf� LEGISLATIVE HEARING, May 13, 2003 Page 11 Aazold Robmson stated orders were mailed on September 25, 2002. The iaspection was done on September 24. They were to remove a list of items. Mr. Hunt asked aze there comments where he k�ad to contact the inspector three times. Mr. Robinson responded no. Mr. Himt stated he contacted the mspector and told her he was filing an imlawful detamer for this tenant. He told the mspector that the tenant had not paid him for over two inonths. His attomey said t�at 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 unlawfiil detamer to say that he won and he can clean that stuffup tbat weekend, the mspec,-tor told him that the City must haue picked it up or somethmg. Mr. Hwrt asked were things mailed to his post office box or his home. Mr. Robinson responded the ta�c printout is Vmcent R Hunt and Katkiyn C. Himt at 1794 Englewood It is mailed to the same. This mspector is a man named Teng Vang. Mr. Hunt contacted hun Unee times and said he could not do anythmg. The property is across from a market. There is gazbage 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 anythmg about the fiuniture. Ms. Moermond recommends reducmg the assessmern from $288 to $99 plus the $45 admmistrative fees for a total assessmeirt of $144. He made an earnest effort to talk to the mspector; however, the City did pick up the stuff. She will split the assessment in half. 433 Sherburne Avenue (J0301V) Mazcia Moei�d stated there was an abandoned vehicle on the property. Hoang Huy Pham, owner, 441 University Avenue, appeared and stated the vehicle was not in his backyard He looked the other day, and he did not see a vehicle. He does not live at this property; it is a rental. Harold 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 iY 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 deternvne where e�cactly the vehicles were parked. Mr. Pham responded the Pontiac belonged to someone who lived in 433. That was towed &om the Arundel and Charles area. D� -S S'� MINiJTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 12 (Note: After checking mto tivs issue, Ms. Moermond's recommendation is to delete the assessment as police reports indicaYe the vehicle was towed from 527 Arundel Street. Racquel Naylor notified the owner.) 501 Sherburne Avenue (J0302A) Marcia Moermond stated this is about fixrnitute and rubbish removed from the property for an assessment of $288. Melissa (Entiquez) Becerra, owner, appeazed and stated she got a letter and she cleaned it up. No one picked up anything because she cleaned her own yard. (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 should she bring the gentleman who has the chairs. Ms. Moermond responded she should briug him to the public hearing if that is the case. Ms. Moermond recommends approval of the assessment. She sees a videotape that cleazly 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 (J0301� Mazcia Moermond stated the City removed and stored an inoperable vehicle without current tabs at a cost of $791.45. Richard 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 o� 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,� SS� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 13 Hazold Robmson reported a notice was mailed to Mr. G�Ibertson 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 people come from two blocks away to give hun ma�7. He was m the process of puttmg the motor in. There was a norice on the wmdslueld It didn't haue tabs so there was an extension of so many days or somethmg lilce that. Mr. Robinson stated the orders on the car were for ]ack of current license tabs, open entry, mic smg vital pazts, and appearmg undriveable. There was no contact from anyone and there was no 21-day sticker at the tune ofthe abatement. On the reinspection, it was m the same condition. 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 haue gone to whoever is listed as the owner of the vehicle. Ms. Moermond asked would he l�ke the payment spread over five years. Mr. C�ilbertson responded yes. Ms. Moermond recommends spread'mg the payment over a five-year period. Mr. Culbertson stated he would like information abouY disability deferment. Ms. Flrok explained the process. 1451 Enelewood Avenue (J0301� Marcia Moermond stated this is an abandoned vehicle tow. Dale Seitzer, owner, appeazed and stated he told the inspector he did not know whose caz it is. It does not belong to his house. There was no abandoned caz on his property. He may need to show some photographs, but he l�as 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 car in the alley. Mr. Seitzer responded it must have been, but he does not remember. He had some rubble to get rid of. He was paying more attention to that. The caz does not belong to anyone in his house. He does not lrnow which half of the alley it was parked on His land is paved. He guazantees there were no abandoned cars parked on his alley. Ms. Moermond stated it depends on whether it is an improved alley or an unimproved alley as to who takes responsbility for maintaining it. If it is an tu�improved alley, then it is the responsbility ofthe property owners. Ifit is improved, then if is the City's public right ofway. She will look into it. Mr. Seitzer stated he does not have access to who owns the vehicle. There is nothing he can do. Harold 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.) O�-�`� MINiTTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 14 Ms. Moermond stated if it is his property, it wHl be his responsbility. Mr. Seitzer responded if the inspector had 'mformed hun of that, he would have been more aggressive m getting it towed Mr. Seitzer stated he did not get any norice. He did not know anything about it. Harold Robinson stated the work order for the tow was ma�7ed on October 2, 2002 (the same tune as the summary abatement order on removal of the construction rubble). The work was done on October 23. There aze two phone numbers. One is for Bettie Seitzer. Another number was discomiected. Mr. Seitzer asked is there another letter sent that the caz will be towed. Mr. Robmson responded thex try to contact personally. Ms. Moermond staYed she will look into tivs situation to see if this is an improved or unimproved alley. They need to sort that out before askmg questions about the communication The Councilmember for tt�is ward is Jay Benanav. (Note: Ms. Moermond's recommendation is approval of the assessment. This is an unimproved alley aad the owner is responsible.) 253 Fuller Avemze (J0301� (No one appeazed.) Mazcia Moermond recommends approval of the assessment. 661 Western Avenue North (J0302B) (No one appeared.) Marcia Moermond recommends approval of the assessment. 707 Marvland Avenue East (J02TRASH4Q) (No one appeazed, but the owner tnailed a letter to Mazcia Moermond regazding 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.) �7_ss� MINiTTES OF Tf� 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 Mazearet Street (J0301� Marcia Moermond recommends laying over to the May 27, 2003, I,egislative Hearing. (Note: the owner appeazed at this meeting, but had not retumed the cazd; therefore, the files were not available.) 1688 York Avenue (J0301� Marcia Moermond recommends laying over to the May 27, 2003, Legislative Hearing. (Note: the owner appeazed at this meeting, but had not retumed the cazd; therefore, the files were not available.) Appeal of Summary Abatement Order at 928 Marvland 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 a}ready been corrected by the City. Also being appealed aze two assessments from Files J0302A and J0302B) The following appeazed: Trudy Mae Gloe, owner, and Bob Kor� owner's friend, 18140 Fenway Avenue North, Forest Lake. Mazcia Moermond stated this is a wnfixsing situation. There is an appeal of a summary abatement order plus two appeals for assessments. There was a fire and the property was condemned. Mr. Korf responded he does not lrnow 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 summary abatements conducted on the property. Also received was an appeal 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 Irnocked on the door. Ms. Gloe responded the inspector never knocked on the door. He peaked in her windows and wallced on her property. o , _ss� 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 tbis one. He dates her neighbor's daughter, and Ms. Gloe and her neighbor ha�e a personality clash. 7im Pn71 was the origmal rospector. The person who sold the house had scaffolding was mvestigated by Code Enforcemeut. She was told to get rid of the scaffold'mg, so she put it m storage. The mspector has been commg out every few months smce 1998 and add'mg things on. Somethmg w71 be sittmg for fo� years and then all of a sudden they will add it to the list. Mr. Korf stated that she had a fu�e 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 gomg to be demolished and put it in Ms. Gloe's house. She pamted her walls and cleaned up the place. Ms. Gloe responded that she was going to refinance the ne�rt day. Mr. Korf stated that Ms. Gloe is on social securiry disability for being bipolar and is taking medication. It is hazd for her to deal with all this. On November 7, the inspector came out and condemned the house that day. The American Red Cross put her up for one night. The followmg Monday, the ins�ance company came out. They said they were gomg to steam clean the house and after three or four days she would be back in there. A week wern by, aad Mr. Korf called the rosurance company, who said they had cancelled it all because they had talked to Mke Kalic (Code Enforcement) who informed them the house was condemned before the fire. Mr. Korf stated Ms. Gloe moved 'mto his house for a few days. Mr. KorPs letter to Ms. Moecmond is saymg that this is harassment of a handicapped person. He read the laws to Iaiow what power the City has in deal'mg 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 datmg back to November 8 saymg she needed to clean the porch, but the mspector told her she had to remove every smgle item out of her house, even furniture. Ms. Gloe stated the iaspector wanted it gutted before she could move back in there. She takes a lot of people m 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 fast time. He broke her windows and came mto her house with a police officer and another code guy. She told him it was 730 a.m., and he said that she wuld work from 8:00 a.m. to 8:00 p.m He told her t�at she had to fix her wmdow, but she told him he had to fix them. In the process, she and her ldds aze trynig to get stuff done regard'mg the m��*ance guy. The mspector would come every other night with a police officer and another code guy. She was worl�g on the house steady. Then he put a stop work ordinance four days before he was suppose to be completed. The only thmg 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 m, but he would break the wmdows and come m tbat way. She feels so violated, stated Ms. Gloe. Mr. Korf stated Code Enforcement backdated documents. On October 26, there was a letter about wbat needed to be done. The mspector does not haue the right to tell her to remove everything out of her house. On Apri14, the inspector placarded the house as a vacant build'mg. It takes an affidauit and owner's signature on a vacant build'mg before it can be registered. Mr. o�_sS� A�IINUTES OF Tf� LEGISLATIVE HEARING, May 13, 2003 Page 17 Korf does not know how it can be registered if Ms. Gloe never signed it. On April 8, there was a vacant bu7ding placazd dated November 7, the night of the fu�e, with Mr. Kalis' signat�se on it. Then, he told Ms. Gloe's brother t.�at he is gomg to tear her house down over the weekend Mr. Korf stated barassment is serious. As an employer, he e�cpects Andy to take it seriously. Ms. Gloe stated other mspectors tell her they want somethmg done, and she gets it done. But, Mr. Kalis is hazassmg her. She would l�lce Tmm Prill (Code Enforcement) to come back to her house because he can see the difference m what she has done. There is nothmg else for her to do to the house. Ms. Gloe staYed she was m 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 cuirent order to have the building secure. Ms. Gloe responded it was boazded and secured as of April. Mr. Magner added that board'mg contractors boazded the build'mg on Apri130. Mr. Korf asked can the house be registered as a vacant build'mg by the owner. A1so, why would the mspector come out every night before 8:00 two to tkrcee times a week, mspect her work, and then post a vacaat building sign five months ]ater when it was dated November 7. Ms. Moermond responded 'm the case of a Sre, it can be placarded as a vacaat building. Ms. Moermond recommends laying over to the May 27, 2003, Legislative Hearing. She would 1�1ce to look aY this issue a little more. Right now, in terms of the siunmary abatement order, the City has already done the work. She will read tlaough the materials to consider this. For future reference, that is somethmg they wouid want to share through the change of commaud In this forum, she cannot deal with harassment by City sta� The owner should write a letter to Andy Dawkins (Daector of Code Enforcement), copy the Mayor, or talk 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 mto 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 cau the recommendation be that she does not deal with Mr. Kalis anymore. Ms. Moermond responded that she has no control over tUat. Mr. Magner responded that they issued an order to abaYe a nuisance build'mg, thaY has exp'sed; therefore, this properiy will be his to deal with from now on. Ms. Moermond asked when the order to abate the nuisance building comes forward Mr. Magner responded it will be shortly. (Note: At tivs hearmg, Marcia Moermond recommended laymg this over to May 27, but she decided to heaz ]aid over issues involvmg this property along with the resolution to remove or repair the property on June 10, 9:00 am) 07 -ss � MINiTTES OF TI� LEGISLATIVE HEARING, May 13, 2003 Page 18 J02TRASH4Q Provide weekly garbage hauling service for the fourth quarter of 2002 at 712 Hawthome Avenue East JOTRASH3QA Provide weekly garbage hauling semce at 712 Hawthome Avenue East; (Laid over from a previous legislafive hearing) J0207A1AB Property cleauup 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 begivning of the hearing.) Jamel Flemino, 637 13�` Street #15, Hudson, Wisconson, appeared. She gave Mazcia Moermond some information. Ms. Flemino stated they are charging her for six months of garbage and they removed a bucket of dog feces that was too heauy to lift. She called Steve Magner and told him to haue them pick up the bucket and they charged her $240. She is requesting that be a weekly $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 tl�ree months and there was no gazbage there. As of a month ago, the garbage can is still in the alley. The,home was sold. Ms. Flemino would like the $240 reduced to $S0. The gazbage 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 lrnow. Ms. Flemino is not going to purchase garbage on it because she does not live there anyxnore. Ms. Moermond asked about garbage 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 garbage hauler registered at the property and Code Enforcement does not have written confirn�ation. � 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 arders 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 expla.innig the sihaation. She tallced to some people, but it kept going oa She has complied with everythiug 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 gazbage service there. o � -.ss� MINUTES OF TFIE LEGISLATIVE HEARING, May 13, 2003 Page 19 Ms. Moermond asked what they aze lool�g for to discontinue garbage service. Mr. Robmson responded proof that it is vacant or proof that they ha�e a registered licensed garbage hauler. Having a registered vacant bw"lding is one way. He never received a letter from a Realtor. A Realtor saying that the house is for sale would not necessan7y mean anything. (Ms. Flemmo gave Mr. Robroson paperwork.) Mr. Robmson stated he has to give Pazks a reason to discontinue service. Ms. Flemino responded he is right. He told her tbat she needed proof that she was on the lease. She told hun 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 makmg a trip out to just her home. She is not dealmg with this anymore. She is mnocent until she is proven guilty. Ms. Moermond asked is she clear what they were looking for m order to stop the mandatory garbage service. Ms. Flemmo responded they wanted proof that she had two months worth of private garbage service. It would make sense if she was living m the home to do that, but she was not. As far as a copy of her being on the lease at that apattment, she was not on the lease legally, but she was livmg there. She figured that was not gomg 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 heazmg that Ms. Flemino wants the assessment mvolvmg the dog feces reduced and the gazbage one elimmated. Ms. Flemmo responded she is disputmg all of the assessments, but she would be happy with deletmg the three months that she was not there. Now, the City is going to bill the new owners. It was the City's responsbiliry to remove that garbage can the day she sold the house. Ms. Moermond asked did the files mdicate that the City was informed of the sa1e. Mr. Robinson responded that Ms. Flemmo contacted him by phone and said she was sellmg the house. On 7anuary 9, 2003, he sent an order to Pazks to discontinue trash service after he confirmed she was living m another piace. 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 called to haue the garbage can removed, aad it is still there. Ms. Moermond stated that the City removed the dog feces for the minanum chazges of $225 an hour plus the service charge. Ms. Flemmo responded that was discussed last tmie 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 sepazate visit to a home, and that it is included 'm the household gazbage. Mr. Betz said at the previous hearing that the same people pick it all up. Ms. Moermond stated it is Pazks and Recreation that pick it up. It is the same department. She asked is it the same staff. Mr. Robmson responded he has no idea, but the garbage they removed on City service is from the contamer. If it is not m the container, it has to be done m an abatement on an extra chazge. Thai is what was done m this case. 07 -SS� MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 20 Ms. Flemino stated he should have made that clear to her. Mr. Robmson responded he made it cleaz to her on the telephone. He told her it would be b�71ed extra. They will not put it m the can to remove it for her. (Ms. Moermond read some ofthe mmutes from the ]ast hearing.) (A videotape was shown.) Ms. Flemino stated they did not remove anythmg except for the big can. She is not s�e when they filmed that. She did the rest of that and biuied a couple of cans m the backyard. The large can with the bag on top of it is what the City removed. She thmks the Ciry makes the videotape, then sends out a letter tellmg the owner to do it or the Ciry 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 hun by the Code Enforcement Office, then the crew completes what they aze mstructed to do, and then they show the fmished video. They do not videotape, leaue, and then come back later. It is all done at the same time. Ms. Flemino asked to see the videotape agaan. (The videotape was shown agam.) Mr. Magner stated the date was the same through the videotape. Ms. Flemmo stated she did remove some pallets, but she must not have gotten all of them She asked about the t.�rcee montlis 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 fiuther, she should take this up with Council President Bostrom Ms. Flemmo asked how she would find out that no garbage was hauled away from that site. Ms. Moermond responded it does not matter if somethmg was hauled, but that the City had to check every week, Ms. Flemuxo asked about her money m the escrow account. Ro�nne Flmk responded Real Estate wouid give notice that they are hold'mg the money, the money wouid be transferred, and the assessment would be paid That does not prevent her from appealmg it. If she appeals m District Court and she wms, that money would be refiwded to her. Ms. Flemino asked can she be heard 'm front of another hearmg. Ms. Moermond responded she can be heard at City Council's Public Aearmg. Ms. Flemmo stated she called hun m October, but he did not write it down. Mr. Robmson responded talked to her m October, but she did not give him proof in October. He called to have it removed 'm January because there was no activiry 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. 03 ' S MINUTES OF Tf� LEGISLATIVE 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 bea nn'ng of the hearing.) The following appeared: Dorothy Lyons, 10105 Tenth Street North and 10072 Tenth Street North, Lake Elmo. Steve Magner reported the suuuvary 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 hearings, 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 nxbbish, household items, building materials from the yard and parch. 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 are appealing. Ms. Lyons responded 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 catpet on the videotape. Ms. Lyons responded they were underneath that large 4 X 8 sheet of plywood. Mr. Magner responded he did not see plywood on the videotape, but he saw strand board. Even if it was plywood, it was not properly stored and still considered under a nuisance code. Ms. Lyons stated they were makiug 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. 55� o� " MINiJTES 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 origmal orders was issued on 7tme 13 and the abatement was 7tme 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 ma� 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 aY the property because the mspector saw a lot of gazbage on the frorn porch, and the ]awn was not attended Ms. Lyons responded the grass was cut a week before. Ms. Lyons' sister stated the wmdows were taken out for bemg repau�ed, but it is not technically an open porch. An open porch has four pillars and there is fiill access to everything. The home was entered There has been a disgruntled fellow that was helpmg, and they got rid of him, wluch is how all of this is commg about. Tlvs is harassment by him. Tlvs has nothmg to do with the City. � Thai is the source of all the problem Dorothy Lyons was livmg there until she had her accident. In the meantime, her son was trymg to get it fised 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 thmgs because that wouid be rodent harborage based on the accumulation of things on the front porch. His office is chazged with making sure they do not allow harborages to exist in the City. The City crew acted properly m abating that miisance. Even if there was a secure door, if the violation is m plain site and creaYing a nuisance, the City still l�as pofice powers to abate that nuisance. Ms. Moermond stated if there was garbage up to the waist mside the living mom, for example, 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 clear sight. Mr. Magner responded they obviously received a complamt on this property. The mspector is requu�ed to go up to the properiy and make a clear mspection 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 visble sign of a violation, they would go no further 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 Councilxnember Blakey's Office.) (Note: the owner was not present when this address was called at the begim�nig ofthe hearing.) 0 3 -ss`t MINUTES OF THE LEGISLATIVE HEARING, May 13, 2003 Page 23 Elame Elliott, 4613 Columbus Avenue, Minneapolis, representmg her mother Leona Monague, who is m a masmg home, appeared. Her mother got a summons at the rental property at 663 Aurora. She talked to the renter about cleanmg up the property. There was no dispute about trash bemg dumped behind the property. There is a liquor store on the comer and there aze people that iminbe, act disorderly, and trespass. The gazage is neaz the liguor 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 Attomey and taiked to someone that said thai she should get the property cleaned up by the following weekend She would ]ke to get the tmie frame on this issue. She never received orders. (Ms. Elliott presented photogaphs. They were later retumed.) Marcia Moermond asked when the orders were issued Hazoid Robroson 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 vohune. It was mailed to I.eona Montague at 797 Iglehart. A copy of the siunmary 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 thau that when she went there. There were televisions and appliances. Ms. Moermond responded there was a one hour mmimutu charge, and she is paying for one ho� of labor plus the service chazges. It looks l�ce the tenants took caze of the vast majority of the items listed Because of the severity, the staffprobably wanted it perfect when it was done. Ms. Moermond recommends reducmg the assessment from $288 to $168 plus the $45 admmistrative 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. Marcia 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. 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