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05-1026City of St. Paul RATIFYING ,�{-M E.N b Et� i �-a -��o� COUNCIL FILE N0. ��O : By ✓ n File No. SEE BELOW Assessment No. SEE BELOW 3D Voting Ward In the matter of the assessment of benefits, cost and expenses for J0503C (8117) Demolition of a vacant building at 612 Sims Ave during the month of July, 2005. J0501V1 (8125) Towing of abandoned vehicles from private property during the months of January and February, 2005. J0504A1 (8127) Summary abatement (property clean-up) during July, 2005 for the property at 958 - Fifth Street East. LAID OVER BY COUNCIL ON 10-19-OS TO 11-02-OS 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 RE50LVED, That the said assessment be and the same is hereby in all respects ratified. RESOLVED FIIRTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. Yeas Nays Absent Benanav � Bostrom � Harris � Helgen � Lantry � Montgomesy ✓ °i'hune �� 5 � a Adopted by Council: Adoption Cer ' ied By: � Date ��b� � ��� Council Secretary • . . . /I I � _ . City of St_ Paul Real Estate Division Dept. of Technology & Management Serv.COUNCIL FILE NO. REPORT OF COMPLETION OF ASSESSN�NT File No. SEE BELOW Assessment No. SEE BELOW O'S- /da� Voting Ward In the matter of the assessment of benefits, cost and espenses for J0503C J0501V1 J0504A1 (8117) Demolition of a vacant building at 612 Sims Ave during the month of July, 2005. (8125) Towing of abandoned vehicles from private property during the months of January and February, 2005. (8127) Summary abatement (property clean-up) during July, 2005 for the property at 958 - Fifth Street East. LAID OVER BY COIINCIL ON 10-19-05 TO 11-02-OS 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: Totdl costS Charge-Code Enforcement Real Estate Service Charge TOTAL EXPENDITURES Charge To Net Assessment $40,139.20 $ 200.00 $ 60.00 $40,399.20 $40,399.20 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $40,399.20 upon each and every lot, part or parcel o£ 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 t ereon as may be considered proper. ✓ Dated d � Valuation and Assessment Engineer �uX�=aC l� ' /I Do� 05 l��l/aG Green Sheet Green Sheet Gr n Sheet Green Sheet Green Sheet Green Sheet � � �� ��-3� Q� Departrnentloffice/council: I uaie mma.eo: i Pw -�,b,;�Wa� ; 3,-�� � Green Sheet NO: 3028642 Contact Person 8 Bfuce Engelhrekt 266-8654 Must Be on Councii/�qenda by (Date): ContraetType: OT-01FiER (DOESNT FR ANY CAIEGORY) � ' Assign Number For Routing Order p .p�id• W rl� I Bruce Enzelbrekt 1 Cou cil I Marv E'dcson 2 Ctv Qerk � mmau�am Total # of Signature Pages _(Clip All Locations for Signature) Action Requeste6: At Council's request on 10-19-OS these items were laid over to 11-02-05, Demolition of a vacan[ building at 612 Sims during July, 2005, Towing of abandoned vehicles during January and February, 2005 and Summary abatement during July, 2005 for property at 958 Fifth Street East. File No: s J0503C, JOSOIV 1 and 70504A1. idations: Appro�e (A) or Reject Planning Commission CIB Committee Ciul Ser�ice Commission Personai 1. Has this person/firm e�er worked under a contract for this depadment? Yes No 2. Has this persoNSrtn eaer been a city employee? Yes No 3. Does this persoNfirtn possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Qpportunity (Who, Wha4 When, Where, Why): Proper[y owners or reriters create a heal[h hazard a[ various times throughout the City of Saint Paul when their property is not kept up. The City is required by City code [o clean up the property and chazge the property owner for the wst of the clean up. Advantaqes NApproved: Cost recovery programs ro recover expenses for Summary abatements, grass cu[ting towing of abandoned vehicles, demolitions, garbage hauling and boardings-up. DisadvanWges IfApproved: None Disadvantages If Not Approved: If Council does not approve [hese charges, general fund would be required to pay the assessment. �VwTransaction: �0,399.2 Fundinq Source: CosURevenue Budgeted: Activity Number: F inancial Information: (explain) 3 proper[y owners will be no[ified of the public hearing and charges. 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V] II E II U aaanw EC FC Q ii 7 F F H n O 000na E H E II W N a w U � a E a E w X W 0 � a W V � a 'i %� //��� ��� � �, - ��a� MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVE/REPAiR, CONDEMNATIONS, ABATEMENT ASSESSMENTS, ABAT'EMENT ORDERS, RENTAL REVOCATION CERTIFICATES, ETC. Tuesday, October 18, 2005 Room 330 City Hall, 15 Kellogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:04 a.m. STAFF PRESENT: John Betz, Joel Essling, Steve Magner, Neighborhood Housing and Properry Improvement (NIIPn Resolution ordering the owner to remove or repair the building(s) at 742 Capitol Heiehts. If the owner fails to comply with the order, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (Laid over from 9-20-OS) Ms. Moermond explained the owner has since decided that the building will be demolished. This was adopted by the Council on October 5. The layover is not necessary. � Laid over summary abatements: Property cleanup at 2554 Como Avenue (J0502� Property cleanup at 818 Charles Avenue (J0504A) Towing of abandoned vehicle at 985 Ed�erton Street (JO501� Property cleanup at 311 Manle Street (J0504A) Towing of abandoned vehicle at 1227 Sherbume Avenue (J0502� 2554 Como Avenue Morton Leder, appellant, appeared. Ms. Moermond stated this is a$960 assessment. John Betz reported his office inspected this properiy on 2-18-OS for building rubble, debris, and three abandoned vehicles. Orders were issued to the property owner to remedy the conditions. On 2-25-05, the inspector spoke with the properiy owner and granted more time to clean the property with a compliance date of 3-13-05. On 3-14-05, the reinspection was conducted and there was no change. At that time, the inspector issued a work order at the police department to impound the vehicles. The police were there on 3-23-05, and just the motorcycle was impounded. Mr. Leder stated the motorcycle and car had Wisconsin licenses on them. Upon reading the booklet (Neighborhood Nuisance Handbook), the owner of the car was supposed to be notified. He does not know if an effort was made to contact the owner. Ms. Moermond responded if the vehicle is on private property, the notice is to contact the properiy owner. She asked did he own the property, to which Mr. Leder responded no and added that he is now the inheritor of the vehicle. Also, there are eight businesses that function on that property, and he does not irnow who it belongs to. In other words, he inherited it, and fhe City took his inheritance. Ms. Moermond responded he can file a claim with the City. �5- loa� LEGISLATIVE HEARING MIN[JTES OF OCTOBER 18, 2005 Page 2 Mr. Leder stated he did not even get a chance to bid on the properiy. He feels he is not being treated fairly. When asked did he receive notification that these vehicles were on the property, Mr. I,eder responded he did not get it. Mr. Betz explained that the notice was sent to Leder Brothers Realty Company, 2206 Edgewood, St. Louis Pazk. There is no returned mail in the file. There was an abatement order for the debris on the properiy and orders issued for graffiti. Mr. Leder responded he did not get any of that. Mr. Leder asked did they notify the owners. Ms. Moermond responded this is a violation of the property maintenance code. Also, the police auction is a public auction. It is in the newspaper when the auctions occur. Ms. Moermond recommends approval of the assessment. 818 Charles Avenue Rose Foote, 1970 Burns Avenue #225, owner, appeared. John Betz reported the properry was inspected on 7-6-OS for an accuxnulation of debris in the backyard. The reinspection was conducted on 7-15-05, the material was still there, and the inspector issued a Summary Abatement notice with a compliance date of 7-18-05. On 7-19-05, the conditions still existed. A work arder was sent to Parks, who cleaned the property. Ms. Foote stated she moved out of the properiy on 6-1-OS and she had someone else move in. There were some cardboard boxes on the side of the garage. The tenant was told about it, and the trash hauler said they would remove it. They would come out on a Tuesday morning. The driver that morning did not imow to pick the boxes up. They said they would pick it up the following week. Before that happened, the City picked it up. She requested to see what the City picked up. (A videotape was shown.) Ms. Moermond stated the cleanup took place on 7-5-05 and the orders were mailed on 7-7-05. The first Tuesday would have been 7-12-OS and the second Tuesday would have been 7-19-05. Ms. Foote responded that she is not debating whether they picked it up. She is concerned about the amount of the charge. Ms. Foote did not get a chance to see what it was. She said it was just boxes. Ms. Moermond responded there were a fair number of boxes with stuff in them She asked is it a question of fmancial hardship. Ms. Foote responded "yes and no" and explained what she meant. She is just asking that it be lowered. Ms. Moermond asked the history for orders and cleanups. Mr. Betz responded this is the first incident since the previous owner. Ms. Moermond recommends reducing the assessmenf from a total of $351 to a total of $251 and spreading the payments over a Yhree-year period. ����� � LEGISLATIVE HEARING MINi.JTES OF OCTOBER 18, 2005 985 Ed¢erton Street (Note: Hai Duc Tran, Behnar Languages, was hired to provide Vietnamese-English iranslation for this property. The owner said everytluug through this translator.) John Betz reported lus office inspected the properiy on 7-19-05. There were two abandoned vehicles on the property, and a Suuunary Abatement Notice was issued to the properiy owner on 1-24-OS to remove or correct the violafions by 1-31-05. The reinspection was on 2-2-OS and the vehicles were still in violation. A work order was sent to the Police Department who impounded the vehicles on 2-8-05. The one vehicle had expired plates and the other was undriveable with expired plates. Nam Bac Vu stated he is new to the country. He didn't know the laws. He took the vehicles apart to fix them. Two of the tires were stolen off the vehicles. He was going to take it to a mechanic, but it was too expensive. He was going to wait until winter was gone and work on it some more. Ms. Moermond asked where notices were sent. Mr. Betz responded to the owner and to the occupant. Ms. Moermond asked does he have someone to help him translate mail. Mr. Vu responded sometimes his kids visit and he will ask them about a letter. Ms. Moermond stated it is important that he get assistance to help translate mail as there aze legal notificarions he will need to know. This assessment is over $900. In answer to several questions, Mr. Vu responded he has other vehicles with tabs. He understands they need to be currenfly licensed. He has lived at the property for ten yeazs. Ms. Moermond asked what kind of history there is at the property. Mr. Betz responded the City has been out there for trash complaints in the last five yeazs. There was another car complaint five years ago. Mr. Vu said he would like this assessment dropped. He thought he could park the cars there because this is his properiy. Now he knows what the laws aze and it will never happen again. Ms. Moermond responded this has been a lazge expense for the City of Saint Paul. The tax assessment process is one by which the City tries to recoup its costs. The City paid for the tow and stored two vehicles for two weeks at the Impound Lot. Should the taa�payers pay for this assessment or the owner is the question she is faced with. Mr. Vu stated that he paid for the tow and they sent him a letter saying that if he did not want the caz, then they would junk it. Also, he paid a fine for a ticket. Page 3 ��- ioa� Ms. Moermond stated she needs to find out what happened from the Police Department how much he already paid for this. She does not feel he should pay more for then the true cost. She is c�- �oal� LEGISLATIVE HEARING �IJTES OF OCTOBER 18, 2005 Page 4 prepazed now to cut the assessment in half to $450 and making it payable over five years. She will request that the City Council lay over this matter for two weeks. 311 Manle Street Mazcia Moermond explained there was a layover to get the right file. It was a straightforward cleanup. Mindy Ostrow explained that she went through the files after the hearing. She had Steve Magner get a copy of the abatement order. She could not find the file. She found an order from June about the alley. The owner has not seen this. If they had gotten the notice, they would have taken caze of it. (A videotape was shown.) John Betz reported that the notices were mailed to City View Apartments. (Ms. Moermond viewed a letter from the owner indicating he had not received notice of the cleanup.) Ms. Ostrow stated the letter she received was for 743 Third Street East. Then, she was told there was an error and it is Maple Street. Ms. Moermond asked to see the letter Ms. Osirow received. (She viewed this letter.) Ms. Moermond asked if there were returned mail. Mr. Betz responded no. Steve Magner added that there may have been a PIN issue for this properry. Ms. Moermond recommends deleting the assessment. This has been processed for the wrong property. 1227 Sherburne Avenue Ms. Moermond recommends approval as no one appeared. Resolution ordering the owner to remove or repair the building(s) at 1897 Feronia Avenue. If the owner fails to comply with the order, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (Laid over from 9-27-OS) John Hughes, attorney for owner Mahxnood U. Hassan, appeared. Steve Magner reported this is a two story wood frame singie family dwelling with attached two- stall wood frame gazage. It has been vacant since 10-21-04. There haue been six summary abatement notices to remove gazbage, remove snow and ice, cut tall grass. On 7-20-05, an �,-��� LEGISLATTVE F3EARING MINLTTES OF OCTOBER 18, 2005 Page 5 inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was posted on 8-3-OS with a compliance date of 9-1-05. As of this date, the properiy remains in a condition which comprises a nuisance as defined by the legislative code. The properiy has an estixnated value of $64,000 on the land and $259,000 on the building. The code compliance is attached. A bond was posted on 9-20-05. They estunate the repair to the structure between $75,000 and $80,000 with demolition between $10,000 and $11,000. NHPI is recommending repair or remove withixi 1> days. Mr. Hughes reported that there is a copy of the Apri12 inspection. There was another inspection done August or late July of this year. There was obviously a reduction in the number of items from one to another. This used to be his home. He had tenants who trashed it. He has worked on the property. The major items now have been dealt with except for one. Mr. Hughes spoke with Midwest Heafing on October 5, who were hired to look at all the heating matters on the April order. Kurt Johnson, owner of Midwest, was supposed to send a fax saying he had completed all the work on the April list. He has not done that. Mr. Hughes called lum and Mr. Johnson was again going to send a f�; Mr. Hughes has not received it as of 930 this morning. The electrical has been done and permits ha�e been pulled. He had the inspector out on Friday, but the report was not filed untii yesterday. Until there is a team inspection on the building, he could not sign off on the electrical work. A prior owner changed the plumbing so that a lot of the venting was disconnected or cut off, so they have to cut through the walls and redo the venting. There were two quotes concerning the pluxnbing, and one company could start in seven to ten days. The major items aze finished or will be done shortly. Mr. Hughes has a statement from Mr. Hassan's bank that he has a line of credit to pay for the repairs. He l�as the bond. He called to see if the inspector could come out and see what needs to be done so he could fuush it. He was told that would not be possible until there is a team inspection. Other than the pluxnbing, Mr. Hughes does not know what needs to be done. On September 6, Mr. Hughes had a meeting with a real estate broker to sell the property. Because the properiy has a lazge mortgage on it in the present condition, he would have to take a hit on the sell price. Mr. Hughes has a listing agreement for the property that is conditioned on getting the property off of the condemnation list. They haue made significant progress, but the plumbing cannot be fuushed for 30 days. Then, they need a team inspection. The house has been painted with new windows and doors. In answer to several quesrions, Mr. Magner responded the Suimnary Abatement notices were issued over the last year. The City secured the building because it was open. Mr. Magner would have to verify if the Vacant Building fees are paid. Mr. Hughes responded they haue a receipt, they posted the $2,000 bond, they have all the permits. Mr. Hassan added that he paid the Vacant Building fee on three properties. Mr. Magner stated the inspector won't come in and issue any more permits until the Vacant Building fees are paid. There is no team inspec6on required on this because the Code Compliance was done on 4-7-OS as a single family. If he wants to convert this to something more than that, then they can check with Zoning. �—tc�� LEGISLATIVE HEARING MINLJTES OF OCTOBER 18, 2005 Page 6 Mr. Magner added that they obtained an electricai permit. Mr. Hughes responded a plumbing permit was not pulled because they have a signed agreement with the plumbing company. They were told by the heating company that the repairs necessary did not require a pernut. Mr. Magner responded there aze some items that require a permit. Ms. Moermond stated that when she looked at these properties, she is looking for signs that the owner laiows what he is doing. She asked did they get an inspecrion, did they talk to contractors, do they have a line of credit. She looks to see if the properry owner is mainta.ining the property, and she sees the City issued orders to make sure the property is maintained. She is concerned that there is citation issued for doing repairs without a permit. Mr. Hughes responded he was not awaze of that. Ms. Moermond stated she aiso looks at if the property taxes are paid. The performance bond has been posted. She is not confident about this situation. Ms. Moermond recommends that the Council grant until December 31, 2005, to complete the rehabilitation of the property on the following conditions: 1) settle the citation, 2) pay the Vacant Building fees, 3) make sure the City is not managing the exterior. She is looking for a commitment that they will actively manage the situation. She also requested copies of some of the comments that they have. Her guess is that the Council will be strict in their review of the situation. The Council may request updates on the properiy. She will contact Amy Novak to find the disposition of the situation with the tag. Referred back to Legislative Hearing: The following assessments at 416 Hope Street: JOSOlE - Excessive consumpfion of code enforcement services, $70; J0503A - Property cleanup, $657. Vang Xiong, 1147 Geranium Avenue East, owner, appeared. 70501E - John Betz reported that on 12-28-04, there was a defective storm door and broken windows with a compliance date of 1-30-05. The reinspection was 1-31-05. At that time, the windows were still broken. There was a$50 Excessive Consumption fee imposed. J0503A — 7ohn Betz reported that the shed was coliapsed and was to be repaired or removed with a compliance date of 5-4-05. On the reinspecfion, the shed was still in the same condition, a Sununary Abatement Notice was sent to the properry owner to remove the shed by 5-23-05. A reinspection was conducted and the work order was sent to the Parks Deparhnent to remove it, which they did. Mr. Xiong stated he was not the owner of the property. He closed on May 31, 2005. The owner did not disclose anything about any violations. This is not fair. He would like the City Council to delete this. It is a waste of time. He does not understand what the City is doing. �- ioa.� LEGISLATIVE HEARING MINiJTES OF OCTOBER 18, 2005 Page 7 Ms. Moermond stated the properry tax assessment has nothiug to do with him as the owner. It is with the properry. Normally, the seller is responsible for being forthcoming about pending assessments on the property, work orders, etc. 'They are supposed to tell the buyer. That is what the closing documents should have. In answer to several quesrions, Mr. Xiong responded he did not have a realtor and bought it from the prior owner. He talked to the title company, and they said there was no way to find the assessment. Mr. Xiong also tallced to the City. It was not recorded yet. There is no way the title company would be able to find the assessment. The City should have recoxded the assessment sooner. He is hoping that this can be deleted. He does not want to come back at 530 tomonow. (Ms. Xiong showed a document.) Mr. Xiong stated he is a minority and Asian and has had problems getting a hold of ttie inspector and the City Council. The City Council has not responded to him promptly. Ms. Moermond responded these assessments were referred back into the hearing process by the Councilmember. It was sent back for reconsideration. Not many people get this far into this. The Councilmembei said for this to be looked into on the owner's behalf. Ms. Moermond recommends the following: JO501 E— delete this assessment. The inspections were conducted in December 2004 and December 2005. This should have shown up as a pending assessment. The problem has been corrected. J0503A — delete this assessment. The work was conducted 6-5-05. There is no way that would haue shown up (in a check of the property). (Note: these assessments have been approved by City Council. A resolution will be prepared later to delete both.) Referred back to Legislative Hearing: The following assessments at 1515 Vir�inia Street: J04T3Q - Provide weekly garbage hauling service for third quarter 2004, $1,220; J04T4Q — Provide weekly garbage hauling service for fourth quarter 2004, $1,320. Ms. Moermond recommends no change to these assessments, as no one appeared. (Note: these assessments have already been approved by City Council.) Appeals of Summary Abatement Order, Order to Provide Garbage Service, and Correction Notice at 1104 Ed2erton Street; owner: James Swartwood. (NIIPI) James Swariwood, owner, appeazed. Joel Essling reported that this is a single family dwelling and he received notice from Xcel Energy that the gas and electrical were shut off in the name of the tenant. On 9-21-05, Mr. Essling had an c�— �� �-l� LEGISLATIVE HEARII�TG MII�ILTTES OF OCTOBER 18, 2005 Page 8 inspection at that property and the electdc meter was off. The gas was supposed to be off, but it wasn't. He found a bag of garbage ripped open in the front yazd, open window, missing window, torn screen. There was a gazbage container. Mr. Essling called the gazbage company and was told the service was terminated for nonpayment. Ms. Moermond asked the time period between when the gas and elechic aze turned off and when they contacted the City. Mr. Essling responded four to six weeks. He sent Mr. Swariwood a Summary Abatement to clean up the yazd, Smnmary Abatement to provide garbage service, and Correction Notice to repair windows and screens. Also, there is no rental certificate with the property, which is part of the Correction Notice. Mr. Swariwood stated this is not about the properry; it is about polifics. Mr. Essling claims he inspected the property on the 21 but his notices aze dated the 22" Things do not add up. The tickets are not in the right sequence. Mr. Swartwood paid the $2,500 bill far the tenants, and made arrangements for them to pay him back. The tenant had a decoy can in back and was hauling them himsel£ That was corrected immediately. Mr. Essling issued the citation before he inspected the property. Ms. Moermond stated she is not empowered to deal with the cruninal citation in this forum. Mr. Swartwood is appealing a Conection Notice, and he has indicated these items have been corrected. Mr. Swariwood responded they took caze of everything by the correction period. The electricity and gas were restored. The gazbage (service) was restored. Someone ripped down the registrafion. A temparary one is there now. Ms. Moermond asked about the Summary Abatement Order. (Mr. Swartwood responded by showing photographs.) Ms. Moermond stated she noficed he was not appealing the condemnation. Mr. Swartwood responded it was lifted. Ms. Moermond asked what he is seeking in this appeal. NIr. Swartwood responded he wanted the tickets dismissed. He thought the orders were issued unproperly. Ms. Moermond denied the appeals on all three orders because the circumstances existed that justified the inspector's actions. She cannot deal with the criminal citation. Appeals of Summary Abatement Order, Correction Notice, and Egcessive Consumpfion Invoice at 735 Cook Avenue East; owner: James Swartwood. (NHPIj James Swartwood appeared. Joel Essling reported a compiaint was received about garbage, rubbish, weeds, bushes. The inspection took place a week after the inspecrion at 1104 Edgerton. During his discussion with �- t�a� LEGISLATIVE HEARING MINLJTES OF OCTOBER 18, 2005 Page 9 Mr. Swartwood about 1104 Edgerton, Mr. Essling advised Mr. Swarlwood that there was a complaint about 735 Cook and that he would be conducting an inspection there. About five days later on 9-28-OS after the phone conversation, Mr. Essling conducted an inspecfion at 735 Cook and found bags of gazbage ripped open, gazbage strewn throughout the yazd, household items, refuse debris, gazage filled top to bottom. The gazage service door was open. He issued a pre- authorized work order to have the yazd cleaned, and the order to do the repairs. In the order was also a lack of ground cover. Ms. Moermond stated they will start with the Correcrion Norice. Mr. Swartwood responded he is appealing the fact that he got a ticket on the day that the properiy was inspected. Ms. Moermond responded that she cannot deal with the citation. Mr. Swartwood stated he already took caze of the problem on the Correction Notice. Ms. Moermond stated that the window screens and ground cover would have to be dealt with. Mr. Swartwood responded they have been conected. Ms. Moermond stated he can appeal the Excessive Consumption when it turns into a property tax assessment and simply not pay the invoice now. Mr. Essling explained that these are due to multiple violations within a yeaz. Ms. Moermond asked is he appealing the fact that there were multiple violations in a year. Mr. Swarlwood responded this is a result of an eviction and they had to store things on site. There is a neighbor cailing all the time. They could not get it a11 in the gazage. Some of it was outside. They were coming to get it, too. Ms. Moermond stated it looks like he dealt with the things on the Summary Abatement Order. Mr. Swartwood responded yes. Ms. Moermond stated she cannot deal with the citation here. It looks like the conditions existed (to justify the orders). She looks at the orders and tries to figure out what were the conditions. She asked if the actions that the inspector took were appropriate for the circumstances. She is looking at these three actions and it looks like those were appropriate actions. Mr. Swartwood showed Ms. Moermond a sequence of numbers on the citations. It seems that one (with an earlier date) was written after another (with a later date). Ms. Moermond responded if she is reaching for a pile of numbered forms in her desk, she might not grab the one next in order. She is not dealing with the citation in this setting. Ms. Moermond recommends denying the appeals on all the orders. (�- lo�l� LEGISLATTVE HEARING NIIIQIJT'ES OF OCTOBER 18, 2005 Page 10 Appeal of Deficiency List, which includes condemnafion, at 99 California Avenue West; appellant: Colleen Walbran. (Division of Fire Prevention) (Laid over from 10-4-OS) Ms. Moermond stated this issue has been withdrawn. The situation has been cleaned up per Michael Urmann (Fire Inspection). Appeat of Deficiency List, which includes condemnation, at 149 Morton Street East #6; appellant: Geneka R Jefferson. (Division of Fire Prevention) Ms. Moermond recommends denying the appeal. The power has been restored and the condemnation has been lifted; therefare, it is a moot point. The heazing was adjourned at 11:49 a.m. rrn