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05-40/-I !0'i ��1r/�J `� RESOLUTION Presented Refened To Green Sheet # �Z�E �6Z CouncilFile# �S"� Committee Date 1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 14, 2��4, 2 recommendations of the Legislative Heazing Officer on Appeals of Notices to Revoke Rental Registration Certificates at 3 the following addresses: 4 Pro e�riy Ap eu aled OF SAINT PAUL, MINNESOTA � A ep� Ilant 5 478 Thomas Avenue. Lawrence Walker 6 Legislative Hearing O�cer recommends not revoking the certificate, as the following was done by December 7 21, 2004: 1} interior inspection conducted, 2) excessive consumption bills paid, 3) exterior of the property 3n 8 compliance with the codes. 9 792 Fuller Avenue (Laid over from I 1-23-04) Raymond P. 5mithknecht 10 (Appeal withdrawn, as an accommodation has been reached.) 11 568 Charles Avenue Thomas and Susan Novak 12 Legislative Hearing Officer recommends granting the appeal, as the owners have paid the excessive 13 consumption bills. 14 1173 St. Paul Avenue James Byers 1.5 L0g1SIfltIVO HCaCLIlg ��LCBL LeCOTY].111CT1CIS 'aPn�rina 4hn a anrl m<�nUi+�s tl�o Ao...4.�1 A>s o+.��4:i.Y. (` +rt+���o _ not-revoking the certificate as an accommodation has been reache3. Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council By: App� � Adopted by Council: Date .9 ! ' Adoption Certified by Council Secretary � Green Sheet Green Sheet b5 - �o Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenHOffice/council: Date IniFiated: co �� �2-.� Green Sheet NO: 3024882 CoMact Person & Phone: DeoarhneM Sent To Person IniliaVDate MarCi3 MOemtOnd � o a cil 266-8560 Assign 1 aun il De a ntDirector Must Be on Council Agenda by (Date): Number 2 � ae Fot 3 Routing Order 4 5 Total # of Signature Pages _(Clip All Locafions for Signature) Actio� Requested: Approving the recommendations of the I,egislative Hearing Officer on Appeals of Notices to Revoke Bental Registration Certificates at the following addresses: 478 Thomas Avenue, 792 Fuller Avenue, 568 Charles Avenue, and 1173 St. Paul Avenue. Recommendations: Approve (A) or Reject (R}: Personal Service Contracts Must Answer Yhe Following Questions: Pfanning Commission 1. Has this perso�rm ever worked under a contract for this department? CIB Committee � Yes No Civif Service Commission 2. Has th+s person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normalty possessed by arry current city empbyee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvaMaSles If Apprwed: % . .:. � 1 DisadvaMapeslfApproved: . ' �#�� �. � 2��� DisadvanqAes If Not Approved: � � - ' �'; � � Total Amount of CosURevenue Butlgeted: Trensactlon: Punding Source: Activity Number: Financial lnformation: (Expiain) d..� �� MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVEIREPAII2, CO1�iAEMNATION5, ABATEMENT ASSESSMENTS, SIJMMAR.Y ABATEMENT ORDERS, AND RENTAL REVOCATION NOTICES Tuesday, December 14, 2004 Itoom 330 City Aa11, 15 West Kellogg Boulevard West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:07 a.m. STAFF PRESENT: Mike Cassidy, Neighborhood Housing and Property Improvement (NHPI); Andy Dawkins, NHPI; Steve Magner, NHI'I; Teng Vang, NHPI Resolution ordering the owner to remove or repair the property at the rear of 946 Fulter Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building. (Laid over from 11-16-04) (No one appeared.) Marcia Moermond explained that Joyce Shelton contacted the o�ce this moming and said she would be unable to attend because she is ili and on medication. The owners were previously told to show a work plan, demonsirate financial capacity; and post a bond if they wish to rehabilitate the building. Ms. Moermond is expecting these items by noon of December 21. This issue is going to the City Council on Wednesday, December 22, 530 p.m. Mrs. Sheiton called yesterday to get a fax nuxuber, but Ms. Moerntond never received the materials. Ms. Moermond recommends approval of the resolution uniess she gets further information from the owners. �( Appeal of Notice to Revoke Rental Registration Certificate at 478 Thomas Avenue. The following appeared: Lawrence Walker, Sr., owner; and Lawrence Walker, Jr., owner's son, both of 911 St. Anthony Avenue. Andy Dawkins reported this is about a notice of intent to revoke the rental registration certificate. On September 8, Inspector Seeley issued an order that the tires needed to be removed, the vehiele properlq license, and the vehicle put on an approved surface with a compliance date of September 17. They went back on September 17, and there was still a tag on the vehicle. They issued a$50 excessive consumption invoice to Mr. Walker and gave him a new deadline of September 30. They went back on September 30 to recheck. The vehicle was stiil there with a tag. That generated another level of excessive consumption of $75 on September 1 and another deadiine of October 8. On September 8, there still was no compliance. On October 11, a highest level was billed of $150. All three remain unpaid for over 30 days. Mr. Lawrence (son) stated he went to the property before September 17. His father owns the properiy and operates it. He could not get the wark done for medical reasons. Mr. Waiker (son) went back to the property before September l7, which was there deadline, and there were other discrepancies. They aze the only property that has numbers on the garaae. Mr. Magner visited them and said to put numbers on. It seems to be unfair treatment. There is no need for the City �� LEGISLATIVE HEARING MII�tIJT'ES QF DECEMBER 14, 2004 Page 2 to revoke the certificate. It is Section 8 approved rental property. They wouid like to appeal down to the fust level. With regret, they will consider paying the $50. Mr. Walker (son) stated that he spent rivo weeks in intensive care from 3uly 8 to September 29. The owner feels tlus is unfair. Mr. Dawkins explained that Ms. Seeley made it cleaz that it had to be done by the 17`". Mr. Dawkins asked is it done now. Mr. Walker (son) responded compliance is met. Ms. Moermond asked did the owner call the City to say he had health problems. Mr. Walker (owner) responded he contacted her. Ms. Moermond asked who was handling the owner's affairs while he was i11. Mr. Walker (son) responded no one took over his affairs. Nothing could be done until the owner was released from the hospital. The owner had a brain injury; therefore, legally no one could sign documents. Looking at the lnspection report, said Ms. Moermond, she asked her secretary to get an inspection of history. There was a complaint about an inspection on September 17. Mr. Waiker (son) stated that there was one done before September 17. Mr. Dawkins added that it was to comply before September 17. The reinspect was September 17, the day after the compliance date. Mr. Walker (son) stated the 17�' was the deaclline, which gives them until midnight on the 17th. If that is the deadline, said Ms. Moermond, the City would process a work order for Parks and Recreation staff to conduct the cleanup for vehicles to be towed. Quibbling over 24 hours will not work. Mr. Walker (son) responded there should not have been anyone there on 5eptember 17. (Mr. Dawkins showed the Wallcers the paperwork where it reads "Comply by September 17.") Ms. Moermond stated the inspection took place in September. The owner has unpaid excess consumption bills. Mr. Walker (son) responded that they probably do; he is not sure. Mr. Walker (owner) said that the inspectors have been hassling him. At 1057 Dayton, he was told to put on numbers. He walked the whole block and photographed the properties. If the inspector enforces rules, they should be fair. Ms. Moermond stated this is lazgely a complaint generated system. The owner needs to have the property cieaned up. There aze outstanding excess nuisance bills. She is looking for confitmation that the property is going into compliance. She hears a willingness to pay the initial $50 bill. Mr. Walker (son) responded that they are unwilling to do that because NHPI did not give them the allowable time. If the 17"' is put down, they should not go back until the 18th Ms. Moermond stated that this will go to the City Council. If the owner pays the three outstanding bills, the inspector determined that at the end of December 21 that the property is in compliance, then she wili make a recommendation to withdraw the resolufion, which will not revoke the certificate. Finally, there has been a request to inspect the interior of the building. O� `�F U LEGISLATIVE HEt1RTNG MINLJTES OF DECEMBER 14, 2004 Page 3 She asked aze they declining to make that arrangement. Mr. Waiker (son) responded it is Section 8. Ms. Moermond responded that the City standards are stricter. Properties have to be compliant with both. The owner can anange for this inspecrion. Ms. Moermond recommends that the City Council not revoke the certificate if the following is done by the end of business on December 2L• 1) an interior inspection conducted, 2) pay the bills, 3) the e�terior come into compliance. If those things are not done, she wa11 make a recommendation that they revoke this certificate. Mr. Waiker (son) responded that as unacceptable. � Appeai of Notice to Revoke Rental Registration Certiticate at 792 Fuller Avenue. (Laid over from 11-23-04) Ms. Moermond stated that an accommodation has been reached and the depariment has withdrawn the resolution. 1� Appeal of Notice to Revoke Rental Registration Certi�cate at 568 Charles Avenue. Thomas Novak, owner, 586 Burgess, appeazed. Mr. Dawkins stated the ownership resides with Joseph Cherrier. The Novaks brought this on a contract far deed, but it is not recorded. The certificate was issued to Cherrier. Maynazd Vinge (NHPI) has been in conversation with the Novaks to get this property properly registered. Inspector Seeley has been in contact to arrange for an interior inspection. The only issue is the excess consuxnption bill of $50. It was the Uurd violation of this property since January 1, 2004. They had bad tenants there. The $50 was set because this was the third time this year there was a violation at this property. Mr. Novak stated he has the check with him and the rental registration filled out. The inspector Seeley has been met with after notice to Mr. Chemer. Mr. Novak was managing the property, and Mr. Novak offered to buy it. They are in the process of making this legal. Mr. Novak has complied with all the things. Ms. Moermond asked when the interior inspection will be done. Mr. Novak responded this Friday, 10:00 a.m. In his appeal, said Ms. Moermond, he said the problem is bad tenants. She asked are they gone. Mr. Novak responded they abandoned the properiy in October. Their possessions went to relatives and Vasco. The tenants had a problem putting trash in the container. Instead., they would throw it out the back door. Mr. Novak has since made nightly visits. There are no problems with the new tenants. Ms. Moermond recommends denying the appeal, and the City Council wi11 not be considering a revocation of the Rental Registration Certificate, as the owner has paid the fee. (Mr. Novak gave Mr. Dawkins the check.) D��D LEGISLATIVE HEARING MINiJTES OF DECEMBER 14, 2004 Page 4 � Appeal of Notice to Revoke Rental Registrafion Certificate at ll73 St Paul Avenue. (No one appeared.) Mazcia Moermond recommends the City Council revoke the Rental Registration Certificate, as the a}�pellant did not appear. Appeais of Snmmary Abatement Order and Correction Order at 55 Front Avenue. John Betz reported that they received a complaint about this ptoperty. There was an inspection on November 10. The inspector found trash in the yazd and found there were several illegal vehicles. The yard was cleaned up later, but the vehicle situation stayed the same. The inspector granted an extension to January 3. Then, the property owner filed this appeal. The refuse and yard are taken caze o£ There is a lazge fence on the property. Paul Breclanan, appellant, appeared and stated this property is in a trust that he controls. He would like another extension to June that Mike Cassidy (NHPn gave him. He is planning to get the financing for putting a house on the property and extend'ang the grass azea. Nothing is exposed. It is a11 fenced in. He is has been ill, is 76 years old, and needs tests done. Ms. Moermond stated there were two orders: 1) a Sununary Abatement Order for cleaning up the property, 2) a Conection Order about the vekucles. She asked is he looking for an extension on the vehicles. Mr. Breckman responded yes. He is resurfacing. Ms. Moermond asked are the vehicle parked on legal surfaces. Mr. Betz responded no. Mr. Breckman stated he is a collector. (He showed photographs.) Ms. Moermond asked is this the only place he can store the vehicles. Also, it looks like some of the vehicles don't have tabs. Mr. Breckman responded this is the only place he can store them. He will get tabs in the next 20 days or the vehicles will be removed. Ms. Moermond asked how many approved spaces are on the property. Mr. Betz responded three. Also, there is a privacy fence. The inspectors can oniy climb on things and look in the yard; therefore, they do not know how many vehicles are unlicensed. Mr. Breckman responded two are unlicensed. Ms. Moermond asked is there a date to remove the vehicles. 1V�. Betz responded there is no Summary Abatement Order yet. They couid tag the owner or charge the excess consumption charge for noncompliance. If there is a way to get the vehicles in, then there must be a way to get them out. Ms. Moermond asked can he decrease the number of vehicles to three by the end of the year. Mr. Breckman responded he can decrease them, but requested January 15 instead, as he has to get some medical tests done.