04-683Council File # 0 �_ � ��
Green Sheet # 3018956
RESOLUTION
OF SAINTjPAUL, MINNESOTA / S
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Presented By
Referred To
ttee: Date
WHEREAS, Neighbarhood Housing and Property Improvement (NHPn has requested the City
Council to hold public hearings to consider the advisability of revoking the rental registrarion certificate
for a duplex rental property located at 642 Fairview Avenue North and registered to Ruben Galarza
Marchan and Mark M. Babcock; and
WHEREAS, on February 4, 2004 Saint Paul police officers responded to a complaint of
marijuana smoking in the basement of 642 Fairview Ave. N. Responding officers found suspected
marijuana flakes in the basement of the property. CN04-022-442; and
WHEREAS, on February 4, 2004 Saint Paul police officers aiso noted that beds, a toilet, a
shower, and a sink had been added to the basement and individuals were living there. A Saiant Paul
Code Enforcement officer determined the premises were illegally inhabited and condemned the
basement. CN 04-022-442; and
WHEREAS, on November 13, 2003, January 11, 2004 and February 1, 2004 police officers were
called by various individuals to respond to disturbances at this property; and
WHEREAS, Legislative Code §51.06 (a)(ii) provides that a determination by the Director of
Neighbarhood Housing and Property Improvement that use and occupancy of the dwelling which
constitutes a nuisance is grounds for revoking a rental registration certificate; and
WHEREAS, on June 14, 2004, NHPI sent Ruben Galarza Marchan and Mark M. Babcock the
proper Notice of Intent to Revoke Rental Registration (copy attached); and
WHEREAS, Ruben Galarza Marchan and Mark M. Babcock have not appealed said notice and
the time for filing an appeal has expired; now therefore
BE IT RESOLVED, that based on the foregoing, the Saint Paul City Council hereby adopts the
following findings and order concerning the subject property at 642 Fairview Ave. N.:
That the subject property is a duplex rental property that is required to be registered with
the City's Rental Registration Program.
2. That the holder of the Rental Registration Certificate for the subject property is Ruben
Galarza Marchan and Mark M. Babcock
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3. That a nuisance incident as defined by Chapter 45 has occurred at the subject property
and use and occupancy of the subject property continues to be a nuisance.
4. That the notification requirements of Chapter 51 have been fulfilled and the time for an
appeal has expired without an appeal being made.
�'� '
The Saint Paul City Council hereby makes the following order:
1. The above-referenced Rental Registration Certificate issued to Ruben Galarza Marchan
and Mark M. Babcock for the duplex rental property at 642 Fanview Ave. N., Saint
Paul, MN is hereby revoked.
2. It is fiirther ordered that a copy of this resolution be mailed to Ruben Galazza Marchan
and Mark M.
Requested by Department of:
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Yeas � Navs
Absent Nei hborY�ood Housin Pro ert Im rovement
� BY. �� �
2'r/Thune I ` ' � � Form Approved by City Attorney
� Green Sheet Green
o �- � 8s
Sheet Green Sheet Green Sheet Green SheeE Green Sheet
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DepartmenUOffice/council: Date Initia[ed:
NH NeighbofioodHOUSing/Property ��,�N-� Green Sheet NO: 3018956
Contact Person 8. Phone- DeoartmeM Sent To Person Initial/Date
Andy Dawkins � 0 ' hb r ood Housin Pro er
26E1927 pqsjgp 1 ei hborhoodAousin ro er De artmentDirector ��'�
Must Be on Council Agenda by (Date): Number Z ;n Attornev 7�'dy
07-JUL-04 For ' r
Routing 3 vor's Otfice Ma odAssistant
Order 4 ouncil
5 i Clerk C1ri Clerk
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Revoke rental registration certificate for property located at 642 Fanview Avenue and registered to Ruben Galazza Mazchan and Mazk '
M. Babcock.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this departmenY?
CIBCommittee Yes ,No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current city employee? .
Yes No
Explain all yes answers on separete sheet and atWCh to green sheet
, Initiating Problem, Issues, Opportunity (Who, Whal, When, Where, Why):
The use and occupancy of 642 Fairview Ave. North consritutes a nuisance.
Advantages If Approved:
The City will enfoxce the Remal Registration Ordinance.
DisadvanWges If Approved:
None.
Disadvantages If Not Approved:
The Rental Registra4on ordinance will be rendered impotent.
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Total Amount of
Transaction: � � - -- - � CosURevenue Bndgeted: N �
Funding Source: n/y A�����, N�mbe�: RECEIVED
Financial Information: �� ����t�� �'�
cE=p�ain� JUL 0 2 20Q4
��� a � ���� MAYOR'S OFF
0�
June 14, 2004
CITY OF SA1NT PAUL
Randy C. Ke[ly, Mayor
NEIGHBORHOOD HOUSING AND PROPERTY IMPROVEMENT
Andy Dawkins, Director
Nuisance Buildeng Code Enforcement
1600 White Bear Aversue Tel: 65I-266-1900
SarntPau[,MNSSI06 Fax:651-266-1926
NOTICE
Ruben Galarza Marchan
642 Fairview Ave N
St. Paul, MN 55104-1711
Mark M. Babcock
1044 S Shore DR
Forest Lake, NIN 55025-1861
Re: 642 Fairview Ave N
Dear Ruben Galarza Marchan and Mazk M. Babcock:
I am writing to you in your capacity as the holder of a rental registration certificate for 642 Fairview Ave N, St.
Paul MN. You are hereby notified, pursuant to the autharity granted to me under Chapter 51 of the St. Paul
Legislative Code, of the City's intent to revoke the registration certificate far 642 Fairview Ave N. Based on
the following facts I have determined that the use and occupancy of 642 Fairview Ave N constitutes a nuisance:
2.
On February 4, 2004 a Saint Paul police officers responded to a complaint of marijuana smoking
in the basement of 642 Fairview Ave N. Responding officers found suspected marijuana flakes
in the basement of the properry. CN 04022442
On February 4, 2004 a Saint Paul police officers also noted that beds, a toilet, a shower, and a
sink had been added to the basement and individuals were living there. A Saint Paul Code
Enforcment officer determined the premises were illegally inhabited and condemned the
basement. CN 04022442
On November 13, 2003, January 11, 2004 and February 1, 2004 police officers were called by
various individuals to respond to disturbances at this property.
I have referred tlus matter to the St. Paul City Council with a recommendation to revoke the rental registration
certificate. The City Council will revoke unless an appeal is filed in the next thirteen (13) days from the date of
this notice. An appeal may be filed pursuant to legislative Code § 18.02, by appearing in person between the
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hours of 8:00 a.m. and 4:30 pm. on any business day at the City Clerk's Office, Room 170, City Hall, 15 W.
Kellogg Boulevazd, St. Paul, MN or you may appeal by mail within the same 13 day time line.
Once the CiTy Council has revoked the rental registrarion certificate, occupancy of the property is not allowed
until (1) an inspection by Neighborhood Housing and Property Improvement (NIIPn has been conducted, (2)
the Director of NHPI has deteruiined the property to be in compliance with the city code and no longer
constitutes a nuisance, and (3) the certificate is renewed. Note: Renting a property without a certificate is a
misdemeanor.
Please call me as soon as possible to arrange a meeting to discuss how to correct this situation before the City
Council acts to revoke this certificate. If all issues are addressed, I will recommend that the revocation be
withdrawn from consideration by the City Council.
Sincerely,
Andy Dawkins
Director
Neighborhood Housing and Property Improvement
City of St. Paul
(651)266-1927