05-553�I M�� �� � - �IrS/aoo�
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented
Referred To
Council FIle # �� ��
Green Sheet # 3026786
Committee Date
Resolution Restating Council Intent on the Order to Remove or Repair I4 East Jessamine Avenue
Z
WHEREAS, on May 18, 2005 the Saint Paul City Council adopted Council File #OS-452, an Order to Remove or
Repair the buildings at 14 East Jessamine Avenue; and
3 WIIEREAS, the Commcil clearly stated that its ganting of 60 days to complete the rehabilitation of these
4 buildings at 14 East Jessamine was contingent on certain conditions were met these conditions being: 1) the
5 vacant building fees are paid; 2) a new Code Compliance Inspection is conducted; 3) a work plan is submitted
6 indicating how and when all the items on the new Code Compliance Inspection Report will be addressed; 4) a
7 $10,000 performance deposit is posted; 5) a financial plan is submitted indicating the capacity to accomplish the
8 wark plan; and 6) a document is submitted confirming ownership of the property; and
9 WHEREAS, while most of the conditions were met by the time of the deadline, established in the Legislative
10 Hearing to be noon of May 18; the required $10,000 performance deposit was not posted in the CiTy's Office of
11 License, Inspections and Environmental Protection; and
12 WIIEREAS, the Council granted the request of the properry owner, Julian Jayasuriya, to have until the end of
13 business on May 23, 2005 to post this deposit; and
�.005
14 WHEREAS, as of 7une 8, g98, the City's Office of License, Inspections and Environmental Protection has not
15 recorded the posting of any deposit for work on this property; now therefore be it
16 RESOLVED, that the City Council herewith Orders the Removal or Repair of 14 East Jessamine, as stipulated in
17 Council File #OS-452, within 5 days of the adoption of this resolution.
Requested by Deparhnent of:
Adoption Certified by Council Secretary
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Mayor: Date � .
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Form Approved by City Attomey
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Approved by Mayor for Submission to Council
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Adopted by Council: Date �Lt �� � �W
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
cp - co�� -
ConTadPe�son & Phone:
Marcia Mcertnad
266�570
MustBeonCounalAgen
'IS-JUN-OS �f7. }{'
ContractType:
RE-RESOLUTION
Date Initiated:
�.a,� Green Sheet NO: 3026786
-' DeoaMient SentToPerson
0 ucil
/�sign i oncil artment 'v
Number Z Cle k Citv krk
For
Routing ;
Order 4
5
Tofal # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
City Coimcil's intent on the Order to Remove or Repair 14 East Jessamine Avenue.
Mations: Appm�e (A) or Reject (R):
Planning Commission
CIB Committee
CiMI Se�tice Commission
Personal Service Contfac[s Must Mswer
1. Has this person/finn e�er worked untler a coMract for this depaRm�t?
Yes No
2. Hes this persoNfirtn e�er been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
cwrerd ci[y employee?
Yes No
Explain all ye5 answers on sepa2te sheet and attach W green sheet
Initiafing Problem, Issues, OpPoRuniry (Who, What, When, Where, Why):
Advantages N Approved:
Disadvantages ItApproved:
DisadvanWges H Not Approved:
T2nsaction:
Funding Source:
Fina ncial InformaGon:
(Explain)
CostlRevenue Budgeted:
Activity Number:
June 9, 2005 12:34 PM Page 1
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CITY OF SAINT PAUL
OFFICE OF THE CITY COUNCIL
June 8, 2005
Julian Jayasuriya
8845 Medley Lane North
Golden Valley, MN 55427
Julian Jayasuriya
14 East Jessamine
Saint Paul, NIlV 55117
Regarding: 14 East Jessamine Avenue, Saint Paul
Dear Mr. Jayasuriya:
On May 18, 2005 the Saint Paul City Council adopted Council File #OS-452, an Order to Remove or
Repair the buildings at 14 East Jessamine Avenue. This Council clearly stated, and you stated yo❑
understood, that you would have 60 days to complete the rehabilitation of these buildings if certain
conditions were met. These conditions were: 1) the vacant building fees are paid; 2) a new Code
Compliance Inspection is conducted; 3) a work plan is submitted indicating how and when all the items
on the new Code Compliance Inspection Report will be addressed; 4) a$10,000 performance deposit is
posted; 5) a financial plan is submitted indicating the capacity to accomplish the work plan; and 6) a
document is submitted confirming ownership of the property.
Almost all of the conditions were met at the time of the deadline I established, noon of May 18.
However, the required $10,000 performance deposit was not posted in the CiTy's Office of License,
Inspections and Environmental�Protection. The Council granted your request to have until the end of
business on May 23, 2005 to post this deposit. As of today, the City's Office of License, Inspections and
Environmental Protection has not recorded the posting of any deposit for work on this properiy.
Therefore, I am recommending to Ward 5 City Councilmember Lee Helgen, who represents this area,
that he sponsor the attached resolution ordering the removal or repair of 14 East Jessamine Avenue
within 5 days of the adoption of the resolution. This resolution will be considered by the City Council at
a 5:30 p.m. public hearing on June 15, 2005. This letter serves as notice to you of your riaht to be
present and testify at this hearing.
I am disappointed that the lack of progress on this project compels me to take this action.
Yours Sincerely,
���
Marcia Moermond,
Legislative Heazing Officer
c ODV:
Jospeh Gustafson, 21102 365`" Avenue, Green Isle, MN 55338
Mortgage Electronic Registration Systems, Inc., P.O. Box 2026, Flint, MI 48501
Great Northem Financial Group Inc., 200 Cooa Rapids Blvd., Ste. 210, Coon Rapids, MN 55433
Judy Hanson, Saint Paul Assistant City Attomey
Steve Magner, Saint Paul Vacant Building Pro�am Manager
Saint Pau] Wazd 5 City Councilmember Lee Helgen
Tom Ridderintr Saint Paul Building Official LIEP O�ce
CITY HALL Tf�[RD FLOOR 1� WEST I�ELLOGG BOULEVARD SAINT PAUL, MINNESOTA 55 102-1 615
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AA-.�DA-EEO Employer
�,� _,. _.
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Presented By
9MENDED MAY 18, 2005
RESa�unon�
OF SAIMf PAUL, MINNESOTA
ri
Refesied To ° Committee: Date
WFIEREAS, Neighborhood Housing & Pmpe�ty Fmprovement has requested the City Council to
hold public hearings to consider the advisabifity and necessity of ordering the repair or wrecking and
cemoval of a two-stoty, wood frame, hrick extecioc duglex and the detached, huo-stall, wood $�ame
garage located on property hereinafter refeaed to as the "Subject Property" and commonly lmown as 14
Jessamine Avenue East. This propeiry is legalIy described as follows, to wit:
Lot 15, Block 3, Pottgiesers Subdivision of I,ots 5 to 16 inclusive, all of Weide and
Dawson's Cruden I.ou to Saint Paul.
WEILREAS, based upon the records in the Ramsey County Recordei s Office and informatiun
obtained by Neighborhood Housing & Property Improvemeni on or before December 15, 20Q4, the
following are the now i�own interested or responsible parties for the S�bject Property: Joseph
Gustafson, 21102 365th Avenue, Gxeen Isle, MN 55338; Mortgage Electronic Regisfration Systems,
Inc., P.O. Box 2DZb, F7int, MI 48501; Great Northern Financial Group Inc., 200 Coon Rapids Blvd.,
Suite 210, Coon Rapids, MN 55433
WHEREAS, Nein,�borhood Hoasing & Property Improvement has served in accoidance with the
provisions of Chapter 45 of the Saint Paul Legislafive Code an order idenfified as an"Ocder to Abate
Nuisance Building(s}" dated March 4, 2005; and
RTHERP,AS, tlus order inforraed the then Irnown interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WF�REAS, this ocder informed the imemsted or responsible pazaes that ffiey must cepair or
demolish the structure Iocated on the Subject Property by Mazch 15, 2A05; and
WFIERRL'AS, the enforcement officer has posted a placard on the Subject Property declaring this
building(s) to consHtute a nuisance condition; subject to demolition; and
WFIEREAS, Uris nuisance condition has not been corrected and Neighborhood Housing &
Property Improvement requested that the City Clerk schedule publio heazings before the Legslative
Hearing Of&cer of the City Council and the Saint Paul City Council; and
WFIEREAS, the interested and responsible parties have been served nodce in accordance with
the provisions of Chapter 45 of the Saint Paul I,egislative Code, of the bme, date, place and purpose of
the public hearings; and
covncil Piie `_ `�J� •`
Green 5neet a �ca�4���
nn-nnn-�o ��oyR
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Wf�REAS, a hearing was held before the IEgjslative Heazing Officer of the SaintPaul City
Council on Tuesday, May 3, 2005 to heaz testimoay and evidence, and after xeceiving testimony and
evidence, made the xecommendarioa to appmve the reqnest to order ffie interested or responsible parties
to make the Subjece Property safe and not detrimental to the public peace, health, safety and welfare and
remove its blighiing inYluence on the community by rehabilitating this strvctute in accordance with all
applicahIe eodes and ord"mances, or in the alternarive by demofishing and iemoving the shvcuue in
accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to
be completed wiYhin�a{i5}days after the date of zhe Council Flearing; and
.Sit� Gd
WE�REAS, a heanng was held befoze rhe Saint Paul City Coimcil on Wednesday, May 18, 2005
and the testimony aad evidence including the acTion taken by the Legislative Hearing Officer was
considered by rhe Couucil; now the[efore
BE 1T RESOLVED, tUat based upon the testimony and evidence presented az ffie above
refexenced pubtic hearings, tht Saint Paul CiTy Council hereby adopts the following Rindings and Ocdex
concerning the Subject Ptoperty at 14 Jessaznine Avenue East:
1. That the Subject Proper[y compiises a nuisance condition as de5ned in Saint Paul
Legislative Code, ChapTer 45.
2. That the cosu of demolztion and removal of this building(s) is estimated to exceed three
thousand dollars ($3,000.00).
3. That ihere now exists and has eicisted multiple Housing or Building code violations at the
Subject Property.
4. That an Oxder to Abate 1Vuisance Building{s) was sent to the then la�own responsible
parties to correct the deficiencies ar to demolish and remove the building(s).
5. That the de$ciencies causing this nuisance condition have noi been conected
6. That Neighborhood Huusing & Pcoperty Impmvement has postecl a placazd on the
Subject Property which declares it to be a nuisance condition subject to deIDOlition.
7. That ttus building has been rourinely monitored by Neighborhood Housing & Property
Improvement, Vacant/Nuisance Buildings.
8. Thaz the Imown interested parties and owaers are as previously stated in this resolution
and ffiat the notification requiremenTS of Chapter 45 have been fulftIled.
ORDER
The Saint Paul City Council hereby makes the following order:
1. The above referenced interesTed or responsible pazties shall make the Subject Property safe and
not detrimental io the gublic peace, health, safety and welfaze and remove its blighring influence
on the community by rehabilitating this structure and correeting all deficieneies as prescribed in
the above refereneed Order to Abate Nuisance Building(s) in accordance with all applicable
codes and ordinances, or in the slternative by demolishing and removing the structure in
accordance witU all applicable codes and ordinances. The rehabilitation oz demolition and
removal of the shucture must be completed within�i#teea{}� days afrer the date of the Council
Heartng. This ameadment to 60 days is .$.�'�y ('605
contin5tent upon tHe postins o€ a$1CY(000 9ex£osmance denosit bv the e
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2. Ff the above coaective action is not completed within this period of time Neighborhood Housing
& Propert:y Improvement is hereby auYhorized to take whatever steps are ne�-ssary tn demolish
and remove ttns s�ucN�e, fill the site �d charge the costs 3ncurred against the Subject Property
pursvant to the pmvisions of CLapYer 45 of the Samt Paul Z.egislative Code.
3. In the event the btrilcFing is io be demolished and removed by the City of Saint Paul, all pexsonal
properEy or fixdaes of any Idnd whicfi interfeie with the demolition and iemoval shall be
removed from the property by fhe iesponsible parties by the end of tlus time period if alI
peisonal propeMy is not removed, it shaFl be consideied to be abandoned and the City of Saini
Paul shall remove and dispose of such property as pmvided by law.
4. It is further ordered, that a copy of this resolution be mailed to the owners and interested paziies
in accordance with Chapter 45 of the Saiat Paul I.egislative Code.
�
Adopted by Co�ncil: Date .*
Adoption Certified by Co�ci1 Secretary
- ..,;�%��� -' -
�,
AA.ADA-EED EmpbYu
Requested by Department of:
Marcia Moermond SPOPTIGAL -�COUNCIL -�05-452 tif � � "�� � � �� � � � �� ��� � page 4
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� Gre� Green Sheet Gr�n Sheet Green S6eet Green Sheef Green Sheet �
NH- I osaPa�os
CandetPeson&POOna �
AMJ DRwim�s 6
��� Assign 1
A1ustBeonCOmrLJge�mM'(oatek w�mber a
78-MAY-os .�
. f2u�tling 3
� 4
5
iohl i of Si�aN�e Paget _(aPNI LocaGOns fof Signatu[e)
Green Sheet NO: 3026046
lt�'�N��
City Couucil to pass t6is resolution which witl orda ihe owoer(s) m remove or repair the refrsenced building(s3- �� o�� fails m
.. comply with the resolusioA NeigLboifiood Fiousing & Property Improvemevt is ordered to r�ove the building. The subject PT�P��Y
is located az
. � . 147essaiuine Avenue'F'aM
_ flannirgCOmmission
_ CIB Comm�Ytee
" _ (.1vilSeMCaCOmmission
1. Hes this p9rsonflilm everv,orked undera contrect furih(s depaitrnent?
Ves No
2. Has ih's parsonlfirtn ever been a city employes?
Yes No
3. Doesllds persoNflrm possess a slBll riot rwrmally possessed by arry
Gfnentck/ emP�oY�? .
Yes No
Ekplain all yes answero on separate ahee[ antl aitach io green sheet
Initiating Problem, Iswe0. Opportuntry(Who, WhaS �When. Where, Wh»:
'fhis bwlding(s) is a nuisance buiWing(s) as de&ned'm Chapter 45 and a vacanT bw'Iding as de5ned in Ct�ap'ter 43 of the Saint Paul
Lcgisl5tive Code. The ovmers, interes[ed parties s� resptincible parties known W the Edfotcement Officer were given an ordeT to
repaiiorremouethebnildingatl4JessamineAvenuePastbyMarc315,2005,andhavefailedWCOmplywith�thoseordeis: '
� � r.��.Gi �.��.
Ativantages If Aaaroved:
� The City will eliminaCe a nuisance.
APR 1 � 2C�95
Di58tivante9es tl /lpprovetl:
�� The Ciry will speud funds to a3eck and remove [his building(s}. These costs wili be assessed to the property, collected as a special
assessment against the pmperty taces. '
�9esKNOtAPtxoved: ' � �
A nuisance condifion will remain upabated in Yne Ciry. Tiris bwldu�g(s) wilt coatinue m tilig6t tHe commwrity.
�{
. _ne�s��o�: s000
F�na�na soume: Nuisance Housing
FlnallCiaFinfonnation: Aba[�ment
(EXpWin)
CnaURevenue Butl9efid: Y
Activ�ryNUmbar: 3p251
��
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�Marqia Moermond SPOPTICAL �COUNCIL�_ 05-452 tif� � � � � � � . ���� � � � � �. m� �� � � � � � � Page 5 ,
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05- <JS�
h'E[GEBORHOOD HOUSC3G & PROPERTY Q�ROVENENC �'
q�y fhwiv�s, Prvgmn Mmr¢ger
CITY OF SAINT PAUL �yu�� a��s c�e� �r�•��
�c�a.e.m,or tcoo:rwd,vn�se�.�� rsr �rta�c-s9oo
S�uPmr[MN53706 F �65i-2661926
Apri18, 200�
1hOTIGE OF PUBLIC HEARI�i'GS
Council President and
Members of the City Counci!
Neibhborhood Housina & Property Improvement , Vacanr/Nuisance Buildings Enforcemen[
Division hu requested the City Coancil schedule public heazings to conside�a resoIution
ordeFing the repair or removal of the nuisance building(s) Jocated at:
14 Jessamine Avenue East
The Ciry Council hu scheduled the date of these hearings as follows: '-
Legisiative Hearing - Tuesday, Map 3, 2005
City Council Heariag - Wednesday, May 18, 2005
The owners and responsibie parties of record are:
Name azid Last Known Address Interest
Joseph Gustafson
21102 365th Avenue
Gi�en Isle, MN 55338
Fee Ovmer
Mortgage Elecffonic RegisVation Systems, Inc. Ho(der of Mor[gage
P.O. Box 2026
Flint, MI 48501
Great Northern Financial Group Inc. Lender on Mortgage
200 Coon Rapids Bivd., Suite 210
Coon Rapids, MN 55433
The legal descdption of this property is:
L.ot 15, Block 3, Pottgiuers Subdivision of Lots 5 to 16 inclusive, ail of Weide
and Dawson's Gazden Lots to Saint Paul.
, .'2"s;
AA-ADA•EEOEoployer � ��
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�Marcia Moermond SPOPTICAL - COUNCIL� �05-452 trf�� �� �� � � � � �� Page 6,
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14 Jessazniae Avenue East
Apn18,2005
Page 2
Nei�hborhood I3ousing & Property Improvement has declazed this buildin�(s) to constitute a
"nuisance" as defined by Le�sla[ive Code, Chapter 45. Aieighborhood Hocuin° & Property
Improvement has issued an order to the then l�own responsible pazaes w aliminate tkds nuisance
condirion by correctine the deficiencies or by razittg and removing ihis building(s).
Inasmuch as this Ordec to Abaze has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It ls the
ruommeadadon of the Neighborhood Housing & Property Improvement ihat The City Counci]
pass a resolution ocdering the responsible pazties to either repair, or demolish and remove tItis
building in a amely manaer, and failing that, authorize the Neighborhood HBUSing & Property
Improvement to proceed to demolition and removal, and to assess the costs incurred against ihe
real estate as a special assessment to be collected in the same manner as taxes.
Sincerely, _
V�P/UQ �e����2%�/iZP/�
i
Steve Maa er
Vacant Buildings Supervisor
Neighborhood �Iousing & Ptoperty Impcovement
SM:ml
cc: FrankBerg, BuildingInspection and Design
Judy FIanson, City Attomeys Office
MaryErickson, Assistant Secretary fo the Council
I.aurie Kaplan, PED-Aous'sng Division
ccoph
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M-ADA-&EO EmPtoyu -?�a
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District 6 P IdI12Ti2ig Cauncil ��
2i3 Front Street
St. Paul, NIlV 55117
5�L-488�I485
'Serving fihe North End and Sonth Como Neighborhoods"
Councilmember Lee Helgen
Room 320 A Cify Hall
15 W. Keilogg Blvd
St. Paul, MN 55102
Dear Councilmember Helgen:
At ourApril Land Use Task Force meeting Disfrict 6 Planning Counci3 voted to support Tri-area
Biock Club's recommendation ofi demolilion of the property located at 14 €. Jessamine.
Linda Jungwirth (Tri-area block club) and myself expressed our requesf at the administrative
hearing. Neighborhood Housing and Propecty Improvement has also recommended
demolition of the property. The person who represented himse[f as the owner, was not he
owner or record, and also owns 11 E. Jessamine with is another boarded and vacant building
directiy across the street.
7he administrative hearing officer recommended giving this claimed new partner additional
time to make repairs, and provided a list of things to be completed prior to the courccil hearing
on May 18 We do not Eeel the hearing officers recommendations are strong enough. We
feel this owner has been given more than enough chances to make this property Iivabie and
would like fo see if demolished, however, if they are extended yet another opportunity we
would recommend the following:
1. The pertormance bond be a minimum of $30,000
2. The owner be given 45 days to complete fhe worfc not sixty, this will be the heart of
summer and residents should nof have view triat eyesore for another fufl summer
3. The performance bond be revoked ifthe property is issued another summary abatement
4. The owner also be required to post a performance bond on 11 E. Jessamine, and show
adequafe funds for rehab. It will be a continued problem for the city and community if
he uses all his resources on 14, ancE then leaves 11 an eyesore until the city forces him
to fix it.
Thank you for your consideration,
Patty Lammers
Neighborhood Safety Coordinator
Marcia Moermond SPOPTICAL - COUNCIL - 05-452 tif � ��� � � �� �� � �� � � � �� � � � � � � �� �� _ �� Page_ 10
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MINUTES OF Tf� LEGISLATIVE HE.ARINCs
ORDERS TO RE`ufOVE/REPAIR, CONDEMNATIONS, ABATEMENT ASSESS?��NTS,
A$ATEMENT ORDEIZS, REA*I'AL REVOCA'L'ION CFdiTII�ICATES
Tuesday, May 3 zaos
Room 330 City Hall,15 West Kellogg Boulevazd
Maz�cia Moemmond, Izgisla€ive Hearing Offica
The heariug was called to oider ai I0:05 am
STAFF PRESENT: Andy Daw2ans, Neighborhood Housing and Propetty Improvement (NHPn;
Steve Nfagner, NHPI; Micl�ael U�ann., Division of Fire Prevention
Resolation ordermg the owner Yo remove or repau� the buflding(s) at 10I2 Bnrns Avenne.
If the ownes fa�s to comply with the resointion, Neighborhood Housing and Property
Tmprovement is ordered to remove the build'mg(s).
(Laid over from 2-15-OS)
VJally Nelson, Renovation, Inc., appeazed.
Ms. Moermond stated the last time ihey spoke, there were three mortgages on the property, two
of which he had control of. Mz. Nelson responded that he is waiting for Wednesday. They will
apply for pemufs, do interior drawings. Hopefully, he will start the construction process ne�ct
Th�ssday, He wiIl have legal control after tomorsow.
Steve Magier reported that on February 1 S, they were looking for vacant building fees to be pud,
a code inspection report, the properiy fo be mainfained, a bond, and taxes. The £ees were paid,
the inspection has been accomplished, and the properiy has been maintamed. The owner was
loo2dng to post a bond at the last minute. The taxes were to be paid at closing. Mr. Nelson
responded the taYes I�ave been paid.
Ms. Moexmond stated this is on £oi public hearing on May 4. All she needs is a purchase
agreement Mr. Nelson responded he owns the Sheriffs certificate and the second mortgage.
There is a redemptioa issue fot the other deal. Also, there is a new foreclosure law that says they
fiaue to have the paperwork fo the Sheriff and they have not done that.
Ms. Moermond asked will he ueed the wflole 180 days. Mr. Nelson responded it will take him at
least four months. It is partially built. �
Ms. Moermond recommends granting the owner 180 days to rehabilitate the properLy.
$esolurion ordering the owner to remove or repair the bulrling(s) at 14 Jessamine Avenue
East If Yhe owner fails to comply with the resolul3on, Neighborhood Hoasiag and Property
Tmprovement is ordered to remove the btilding(s).
Julian Jayasuriya appeazed.
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LEGISLA"fTVE HEARING MINUTES OR MAY 3, 2005 Page 2
Steve Ivlagner reporteddvs is a dupleg wiYh a detached gareye. The buiIding was o�"s9+�aliy
condemned in Sannazy 2002 and has been vac�t since 2-14-62. The cunent owner is Joseph
Gvsta£son Mx. Sayas�aiyahas been represeuting himsel€as ihe business par[ner or previovs
owna. There Lave been 21 s�mazy abatemeeIItt no4ces issued for vazious code vio2afions. On
2-22-05, an mspection of the buildmg was condvcted, a list of deficienc3es which consEibrtz a
nuisance was developed, and photographs were taken. An Order to Abafe a Nuisance Building
was issued on 2-28-OS with a comp&ance date of 3-25-05. As of this day, the property remams in
a condition wluch comprises amusance as defined by the le�slative cAde. The City has had tn
board tLis building to seeiue it against 4espass. The vacant building fees are due. T�ation has
placed an estimated market value of $40,000 on the land and $183,000 on the building. A Code
Compliance Inspection was Iast done on 424-02. That inspection wi11 k�ave to be updated by Jim
Seeger (L.IEP). As of 8-31-05, a$2,000 bond originally posted on 9-2-04 was forfeited for lack
of rehabilitation. Code Enforcemenf estimates tfie cosf of repaus to be$50,000.
Mr. Magner continued: this property was before the I.egislative Hearing Officez a couple of
yeazs ago. IndividuaLs wanted time to rehabilitate the properly. They weze given time, the bond
was forfeited. The City was going to take action, but the Council decided to reve:se iuelf and
give tfiese individvals another chance in September 2003. Then, 3vlr. Jayas�siya who lived across
ihe street, made confact with these individuaLs and purchased the pmperty. He made promises
that the building would be brought into compfiance shorEly, and they would not have any more
problems. They are not near occupancy to daTe. There has been work done at the property, but
he stitl lacks a code compliance certificate, sign off on peimits, lacks completion, lacks day to
day maintenance, and khe City consistenfly bas to go to the properry. Bnriug The last yeaz, they
could coEmt 10 to 12 sammary abateme�s. Tlus forum needs to ask who is in conhnl: Mr.
Gus[afson or Mr. 7ayasuriya.
On 21 occasions, said Ms. Moermond, the City issued a��+*+m� y}�afement notices saying fhese
items need to be addressed. She asked on how many of these the City did the cleanup. Mr.
Magne� xesponded lazge pe:centage. Ftom Septembex 2004 to April Z005, They had five
sumwary abatement and five work orders.
Ms. Moermond stated she sees the summary abatement notices, she sees that the City has had to
issue work orders to do the cteanup. 'Fhe City has played the roll of properry manager. The
Vacant Building Fees are due. The City has had to boazd the building to secure it against
trespass. There is a danger fmm homeless people and teenagers getting inside vacant buildings
and slariing fires. A tragic situation can occur when vacantbuildings are �Y secure. The fact
that a bond was forfeited is also a strike. Ms. Maetmond is looldng for signs tl�at the past
problems will be rectified and that he will engage some mwagement issues at this praperry. She
asked what the owner wanted to do. Mr. Jayasuriya responded he apologizes for The delay. The
tsunami hit his Paznily hazd. He has taken things over aow. He has an investment in tlus house
and would like 30 days to comple�ly finish it.
Ms. Moermond stated she would be happy to give him The time, buY he has fo meet some
condiYions. 1) The Vacant Building fees are due. 2) The Code Compliance Inspecrion was
conducted in 2002. A new CQde Comp3iance Inspection is needed to be conducted by the City.
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3) He needs awork plaafl�at uill address ail fl�e items on the Code Compliance Inspection and
when he wi11 do tfie items. 4) She will ask thatthe Covncil impost a$10,000 perform�ce bond
It is refundabie npon completion and sign offon ifie pem�ifs. I3e could iose $10,006 if I�e does
not come fLrough � a demonstxatian#haf the owner is fruaneiaily oapable of executing this
rehahilitation, which coutd include a line of cre3it at a bank. � doccmietrtationtLatthe ownez is
in legal control of tLe pmperGy. All of these thmgs need ffl be done by noon of May 18.
Linda Jvngwittl�, Tri-Area B3ock Club, appeared �d stated the neighborhood Las put up with
tivs FzoPerty foi many yeazs. The 5na1 stcaw was the gas incident in DecembeL. The
neighborhood felt there was disregatd for the people in tfie neighborhood They would like to
see the house removed. They were under fhe assumption there was a different pmperry owner.
The pxoperiy aeross the stxeet is a vacant mrisance properiy, and now Yhey lmow both ptoperties
have the same owner. 17�e work done to repair the property has been shoddy.
Patty Lawmeis, District b Pla�n Council, 213 Front Avenue, appeazed and stated she is in
support of the block club's recommendation to tear tlus down. She became tfie neighborhood
sa#'ety cooidinator for District 6 2ast May and fius is the fust property brought up to her last May.
It is an eyesore. The owner has had ampie time to make regairs to this pmperty.
Ms. Moermond stated if any of the conditions have not been met, she will recommend that the
house be removed. If all the condifions have been met, Ms. Moermond's recommenda.tion wiIl
be to grant 60 days for the rehabilitation of this structttre, as Mr. Jayasuriya said it would take 30
days to finish. 'Chen, she would suggest people go to the City Co�mc�l Public He'rn$ if they
want tlus building removed.
Mr. Jayasuriya said he has pictures of the building. Ms. Moermond responded she can not do
any kind of inspec7ion by way of photographs.
Mr. Jayasuriya stated the professionals have taken pennits out. Mr. Magner xesponded Jim
Seeger (LIEP) will make the deternilnation if the existing permits aze in place. The permits are
good for 160 days. Pernxits from the original bond aze at least 180 days old.
Ms. Moermond recommends granting the ovmer 60 days w compiete the rehabilitation of the
lxoperiy on condition YUat the foRowing is done by noon of May 18:
I} vacant building fees psid, 2) a new Code Compliance Inspection conducted, 3) a work plan
submitked indicaTing how and when all the items on the new Code Compliance Inspection Report
will ba addressed, 4) a$10,400 perfoimance deposit posfed, 5} a financial plan submitted
indicaiing the capaciiy fo accomplish the woFk plan, and � a documenT confirmiug ownership of
the properLy.
Resolution ordering the owner to remove or repair the building(s) at 86 Svcamare Street
East If the owner fails to comply with the resolation, Neighborhood Housing and Property
ImprovemenE is ordered to remove the bailding(s).
Steve Magner reported t7ris is a two-story wood frame single family dwelling. It was condevmed
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Apri12004 by his office andi�as beea vacaui since 4-2-04. Tfie c�ent owner is l�a Vmm
Nguyea. They have information that this person is deceased. There l�ave been i 1 s�azy
abaYeme� notices issued for several violations. Oa 2-8-05, an inspection of the building was
conducted, a fist of deficiencies which constif�rte a nmsauce condifion was develaped, and
photographs were takea An Oider to Abafe a Nuisaace Building was issued on 2-14-OS with a
compliaace date of 3-3-05. As ofthis date, flvs propert9 remains in a cond'erion wluch comprises
a nuisance as de5ned by the Iegisialive code. A]so, this is a serious health and safety issue based
on the contents of the dcvellmg. Taxation 2�as placed an estimated mazket vatue of $104,800 on
tfie ]and and $138,000 on the building. Mr. Magnei questions both of These; the appraiser may
not have Iooked attFiis properiy recendy. As of 5-3-05, a Code Compliance Inspection bas not
been appfied for. The $2,OOQ bond has aot been posted. Code Enfotcement Officecs estimate the
cost to repair is $75,000 to $90,000. The estimated cost to demolish is $7,000 to $8,000. 11us is
a 15 day resoIution to repair or remove.
Ttte following appeazed: Frank Sprandel, Cons�uction Specialist with SPARC, Paul Moxdoxsld,
City of Saint Paul-P lannjn a q and Hconomic Development (PED). Mr. Mordorsld stated he found
out about this flu�ee weeks ago from Minnesota Hocising Finance Agency. They aze the Szst
mortgage holder. They contacted PED because they wouid like to see the building saved. PED
contacted SPARC.
Mr. Sprandel stated he got in the building last Thursday. There is aa unsanitary condition to the
property. SPARC woutd like The opportunity to alleviate thaT. It would be a nice fhree bedroom
affordable unit far a family. The biggest 4aing is tryiug to foreclose on it and get title to it. Mr.
Mordotsla added U�at will take four to six months. Theze is a redemption period. It could be
tl�ree to four months at the quickest.
Ms. Moem�ond asked who has legal control to g�ant access to tha building to deal with the gross
unsaniYary conditions. Mr. Ma�er stated the City has cettain police powers, but to gant the
police poweis to someone else, wou4d open the City to lia'€rility. The only way that the third pazty
individvals can obtain thaT a6ility is [o vendor throngh the mortgage company for its rights
through foreclosure and to stop any further loss to an asset Those questions would have to be
addressed to the mortgage company. Mr. Sprandel respoaded that some of those issues are being
looked at right now.
Scott CIoutier, 4p0 Sibley Street, Suite 300, appeared and stated kris agency is open to wurking
with parties to get The matter resolved. There may be a provision tl�at alIows the agencyto stop
deteriomtion of theu asset Mr. Sprandel responded they have an attomey looking into that.
There is a clause that if the owner is deceased and the building becomes abandoned. It is not
somettilug Yhat can be done overtright. Cotmcilmember Helgen is in support of saving the
building.
ivfs. Moermond stated they could ask the court for a shortened five week time period. That
would give an amount of time close to eight weeks. Tfiey should make the case that There is a
gross imsaniTary conditioa that needs to be alleviated because they are a daager W the
neighborhood. She is aslang that they do tUat and get in court by May 18, 2005. Any
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doc�enTalion tLat shows 8tey have a shorEened redemp$on time period is mnch appmciated.
AnyHxing fhey can do to alIeviafe some of those conditions is impori�t They caa apply for the
shortena3 £m1e period; whethec they get it is up to fhe judge. Mr_ Sprandel responded they will
be worldn� with an attomey to see if There is a way to alleviale this quickly.
Mr. Nlagna stated there is a concem about allowing the properry to stay ia tbis condition for six
months. There is decaying food, feces, botdes of isin.e, etc.
Ms. Moemmond xecommends laying ova fo the May 17I,egisIarive Heari�o aad the June 1 City
Council Meeting. She wonld like to see a shoztened time period and getting legal acfion into The
birilding. She is lookingfor a progress ieport. She will be ready to talk to the Council on May
18.
Appeai of Notice to Revoke Rental Registrafion at 735 Cook Avenne East; owner: 3ames
Stvaitwood. (NHPn
(Rescheduied from 4-26-OS)
James Swartwood, owner, 5537 Dupont Avenve South, Minueapolis, appeared.
Aady Dawldns reporEed tfris was an Apri17 notice of attempt to revoke the rental registcation
certificate to Mr. Swu•Cwood at 735 E. Cook. The basis for the revocation was the seizure of
felony level natcofics, tisree shotgcws from inside the premises. The tenants were aixested for
those illegal possessions. The City Ordivance 51.06(a)(ii) says when the Duector believes the
property constitutes a nuisance, it is time to send a notice of intent to revoke. When Mr.
SwarCwood called to say the tenants had vacated, Mi. Dawldns refiued to back off from the
no8ce of intent to revoke bwause he is not convinced the property will not continue to be
maintained as a nuisance. Also, Mr. Dawkins Cold the owner he could appeai. As Por Ius basis for
beiieving this mUSance activity will continue, Mr. Dawldns would IIlce Ms. Moermond to hear
from a neighbor.
{Mr. Dawkins showed some photogrnphs.)
Mr. Dawidns covtmued: at a Disirict 5 commanity meeting, neighbois described the East Side of
Saint Paul. Some slides were shown, and Mr. Swariwood's was one the properlies shown that
day. The properties were not identified by photographs, and Mr. Dawkins had to speak To the
person who took the photographs. Mr. Dawldns sent Hazold Robinson (Supetvisor for East Side
inspection team), and they met Mr. Swaitwood on November 22 and photogaplvs on Page 2 were
taken at ti�at tiune. The photographs show a deteriorated garage filled with gazbage, junk, and
rubbish. Mr. Swutwood respanded the garage has abandoned teuant belongings. A Coaection
Notice sent to Mr. Swartwood on Apri127, 2001, indicates the premises lacks suitable
landscaping to control dust and mud, pzavide suitahle landscaping. NSi. Dawldns was infoimed
that Mr. Robinson was at the property yesterday, and the baclryazd is filled with junk and trash
abain There aze still outstanding court orders to repaix and put goimd cover on In 2002, the
guage wu filled with bagged ga�oage; in 2004, ffie gara�e was filled with bagged gazbage; in
2005, it was siill filled with bags of gazbage. In 2003, there were four founded complaints
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z incr this properiy. In 2004, there were five; m 2005, there were fms. Mr. Dawkins is not
convmced Mr. Sa�rlwood cvill maintam this properEy so it is not a mrisance to the neigl�bors
neazby. F2 is Uus xeason Mr_ Dawkins declmed to withdrawn tfie natice for irnent to revoke.
7ames Swartwood stzted he does not approve of drug dealmg and he took appropriate actions to
address these ti,;� His lease pzolu"bits dcug dealivg and svbleassng of peopie ttiat have not
been approved by Mr. Swarf:wood These peopie were not approved The only person approved
was Larkin and her tUree kids and they t�d no criminal Iristory. '�'he house has not had drug
activity ia?he past and there Z�as been none smce this ratd. =Fhis is not a garbage situation, but a
requirement to hoId possessions for sixry days afrer an eviction. Coimty records show that these
have been convictions thaz correspond with these storage dates. Mr. Swariwood became
suspicious of activities on ttris pmperiy from Much 12. He noticed a Iugh level of activity and
people coming and going for short periods of time.
Ms. Moermond asked does he do ivaintenance 3�imself. Mr. Swartwood responded he has a
crew, and he went by to give material to the crew. There was too much ac8vity there. Then, they
had a pit b¢lI thexe. She gave the tenant awuning on the 12 On Macch 20, she came by and
there was the same activity going on. We told fier ihaT he was suspiciovs of the activity going on
at the properiy.
Ms. Mcermond asked the effective date of the eviction. Mr. Swartwood responded that he gave
her a notice on the 20 and the code says lus tenant Las 40 days. 'I'hen there was ttris raid. Right
after the raid, Mr. Swariwood came by and saw the incident. He also saw the police reports that
show they had a search wanant. Mr. Swartwood changed the iocks, he called fla up, and said
she violated the Iease on Paca�aph 6. He asked does she want a UD or would she I�ce to move.
She said she was ready to move ouk That is when he changed fhe locks and cleaned up
everythiug.
(Mr. Swutwood showed photographs.)
Ms. Moermond stated the photo�aphs show that everything is cleav, She cannot make
detemunation about any other code issues. The outside phoYOgrapfis show the properiy as picked
up, except where there is a pfle of rubble in the back, Mr. Swartwood responded it is a 4mber for
landscaping. Ae re-rented the ptoperty to Ann Costello and her husband There is no crimival
past. Even Mr. Dawkins would approve of them since Ms. Costello was his housekeeper for 8ve
yeazs. As of two days ago, the backyard was clean. A tcee was cut down.
Ms. Moermond stated ihey rented on April 14, a week after the notice to revoke the rental
registration. Mr. Swartwood msponded the postmazk was Apri113. Ae has tUe envelope at lus
house. I3e poin�d this out at the Ci4y Clerk's Office. He does have the lease. Also, dnig
activity is xawpanT in Saint Paul. This is an isolated situation fox him. He hies to screen lus
tenants. He does background checks. He does not have police powers and has to follow civil
procedures. Also, he befieves Mr. Dawkins is takmg this peisonally, and he is sensitive to the
fact that he publishes a paper that is ctitical of lus adwivisfration.
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Ms. MoemAOnd shefed she sees a longteim esfabIished pattera of code violations.
(Erick Fawcett submitted some doc�mments.)
Erick Fawceit,'733 Cook Avenue Fast, appeared and stated}us single concem was 735 Cook
from a visual standpoini when fie moved into ]us home. His hope was that aver time he would
see an improvement_ Thece was a family of eight living tfiae. Theii clvldren piayed together.
For that reason, the enormous aesthe6c pioblems went ��seported bp him because he did not
want. tn take actionto jeapazdiza the fawily. Whentfiey moved out—he heazd it was because
tfiey were imhappy with fhe upkeep of fhe propert}�Mr. Fawcett started to take action.
R�henever he saw something fLat was a problem, Mr. Fawcett made caIIs to Mr. DawIdns. The
allegations that Mr. Dawkins is acting in retributioq is silly. The only time he saw action
happening there was when ivfr. Fawcett reported.
Mr. Fawcett read from bis letter: His disagreement is not personal. He has met the owner lwo
times and he was polite and friendly. The owuer has done as littie as possible to m�;nra;n tha
ptopert7. Mr. Fawcett would like him to move into the properry himself or sell the property to a
Iive in ov,mer. The physical appeazznce and Yhe ongoing hszuds infiiciate bim: absencc of
meaningful ground cover causes mud to go onto the pmperty, extemfll disrepair of the home.
The property's gange has for months or years been fiill of juuk, so tenants do not have a place to
store beiongings. As a resuk, there are things in the yazd. The fact that the garage has alvrays
been filled with nontenani cIutter, has also meaut the family hears cazs azriving and leaving at the
pmperty's backyard. The pmperty's trash atong the sidewallc, zarely gefs picked up. Also, Mr.
Fawcette reporEed to ihe Cit}�s azborist aboert an overhznging branch and Datch Elm Disease.
The landlard never conected fhis propetty, and the City 5nally xemoved it in Mazch. In the
meantime, the bugs infesting the h�ee entered fiis home in droves. The second iree li2zard was
xeported eazliez and finatly xemovad by his zepairman. Finally, with dealer quantity of crack
cocaine, meEh, and pot, he has to guesfion the laadlord's tenant screening process. He cannot
believe the piopetty is meeting the City's house standazds. The timbecs in the backyazd have
been there far months. '
Mr. Fawcett read another letter from Robin Zimmermav, who owns 728 Cook Eas[. She writes
the following: ihe house is rua down a4735 Cook. Tke tenwts complained about the house, but
chose to continue living there because it was affordable. They moved out and people were
working on the hovse. There didn't appear to be any improvement to the yard. Severai
renovations were made to the hwse. The new tenwt moved inko the house in Augvst 2004. Oa
Sepfember 4, her cat had escaped and was found in the backyard of 735 Cook dead from a blunt
tra�a to the chest The new tenant did not appreciate some of wflat was happeving in the
neighborhood anH did nof like the house. Then came more renters, litter, and traffia The new
renters were arrested about four weeks ago. This does not address the conditioa of the house and
yazd. She dpes not know if Thete was manufactuFing oftfie drug. This properiy is not the only
problem in the neip�borhood 735 Cook has brought down the safety and property value of the
neighborhood.
Mr. Dawkins stated he has never had a housekeeper. At fhe State Capital, responded Mr.
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Swartwood
R�k. Dawkins stated Uvs Las nott�ing to do wifli wbat Mr. SwnYCwood writes; it has avery�iag m
do wiih how the neighborhood feels about the ]andior3ing ability. This is tfie fourlfi aoflce of
intsatto revoke sent to tvt�. Swaztwood..
Ms. Moermond asked was there an iaspection ofthe properry following this raid, and what are
thc inspecfion results. Mr. Dawkivs responded Mr. R.obinson was inside the property last year on
a complaint of no heat He issued verbal ordeis about the interior to Mr. Robinson on 3-4-05,
and he believes the interior is back to decent sLape.
Ms. Moeimond stated there has not been a determivation by code strzff about whether there was
metbaznphetamine ptoduction taldng place inside ffie building. Mr. Dawkins responded he has
not $eazd either way, but they do not believe that Ss the case. It was distribution. Mr. Swaztwood
said tha# M'ichaeI Carroll said he did not think there was methamphe[amine production going on.
He heaxd from the neighboxs t6aY the activity was intense in the last tluee weeks. Mr. Pawcett
added U�at the traffic was longer [han ttuee weeks. It was a good 2%z months of svspiciovs
iraffic. While he understands Mr. Swartwood is restricted in fiis coastiturioaal rights, the
boy&iend of the tenant was there 2& houes a day. His Subtsban velv.cle was pazked outside all
tiie time.
Mr. Swartwood stated the iastory of the b�rilding wouid show that there have been no raids in the
last ten years. The yard is shaded so tliet grass does not grow. Ae has a pexmit from ihe Building
Depazhnent to put Ciass 5 rock on the pazking spaces. Kelly Booker was sazisSed with the yud
with the exception of moving tfie timbers. `Fhe property has had aew roof, new soffits, sided,
fixed all broken windows. Providing housing for poor people is a hazd job, and he tries to do a
goodjob.
Ms. Moermond stated this is on May 18 at 530. She would like to check out the permif situation
and review the inspecdon iecotds. It is important tbat the norice dces aot ttun on an ongoing
nuisance condition code-wise, but on the police problems at tfie properfy. Those tenants are no
longer there. She will issue a letter in rvriting regazding this issue.
(Nofe: Ms. Moermond recommends granting the appeal of the Notice to Revoke Rental
Regishation Certificate dated M7-D5. A lettex was sent to ihe owaes.}
Appeal of Sammary Abatement Order at 769 Tat¢m Streef; osvner: Gary Brnsld. (NHPI
(I�TO one appeared to represent this property.)
Steve Magner reported fhat he issued a summary abatement oxder fo cIean up excessive storage
on the property and hoazd the dwelling, as there were repeated issues of illegal occupancy. The
individvals and appellants have repeated(y used the property as a transfer site or salvage. This is
NITPS's uay to cease the iIIegal act'tvity at the house and gaxage. They bave held off doing the
work order unTii flus appeal. Their preference is that Ms. Moermond deny the appeal.
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Ms. IvFoermond xecommends denying the appeal of the Snmmary Ai+ar�*+e*�+ Order dated 424
Q5. The owner indicates the snowmobile aud c�per have been removed.
AppeaI of Vacant Bw7ding Regictrafion?�TOtice at 1164 Sevenfh Street F.as� mvner. Sue
Fun Liu. (I.ZIIPIj
The followin� appeazed: Han CLin Liv, owner, and John Flores, conirnctor and agenf.
Steve Ma�ei reporied the owuet fias filed an appeal of the vaca� building. This appeat was
sent to Mr. Mag�er. After reading the iterus being appealed, it is best that Fire Prevention deal
with flus. The genesis of fhe vacant buildmg is due to the fact tha# Fire Prevention has
condemned the building and xevoked the Certificate of Occupancy. The issues noted aze the
msult of that issue. LRtimately, Fire would refer fo NHPI for enforcement of the vacant building
ordinance.
Micha.el Urmann reported the bvilding is a mixed comm.erciaUresidential property. The
residential portion was being iliegally occupied as a residential shucture. The building was
condemned due to lack of life safety issues due to smoke deteetion, �oper egiess, fire sepazation
between the commerciat portion and the residential portion. The entire buildiag was condemned
due to the fact thak both portions of the buiIding were iminhabitable for human occupancy. The
residential sectioa was inspeckedby the field inspecfion. She determined ti�at was also
unoccupyable. They condemned the pxoperiy for Those ]ife safety issues and vninliabiTable issues
and referred to Mr. Magna for vacant building sfatus after the building vacated.
Ms. Moermond asked the specific conditions that led to the condemnation. Mr. Uimaau
responded the primuy code violations were lack of �oke detectors, lack of proper egress,
plumbing that was unsafe with no vent, occupying a commercial portion of the building for
resident purpose, and the uuliabitable portion that was residential. The unmediate condemnation
was the life safety issues of no egress and lack of smoke detecfors.
Ms. Moermond has in front of her the requiremeat to register tlus as a vacant buiidiag. Mr.
Magner stated this is Cagetory II wIuch would reqnire a team inspection, pennits, and an
issuanee of a Ceitificate of Occupancy before lus of&ce would close the file.
Mr. Liu sEated be is a responsible landlord and he was not given the opportntufy to take care of
the tenant evicted by the court. April 18 is the same date of the coisE order. He was happy the
tenant was evicted by The eqmt, On Apri120, he received a letter.
Ms. Moermond asked did he tiave access.during that time. Mr. Flores responded the front dooi
lock was changed. He will take caze of that by changing the lock.
Mr. Liu stated the teaaut damaged ffie property. The tenant was reported by Officer Mike Carroll
on December 17. He l�ows the tenant was evicted. Mr. Liu was happy to have the tenanT out.
In ozily two days, he r�eived a compiaint by the Fire Depar€ment He would ask tn be given a
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reasonable amouat of time to conduct the repaits. They have already started the repai* grocess.
Mr. Urmann stated the inspection occuaed on t3�e 18 ordexs were issued imxuediately with mm
immediafe vacate of the 19'� due to the life safety issues. Mt. Liu xesponded that is the date the
covrt ordered his tenaat to move o�rt.
Ms. Moeimoad asked wl�at precipitaTed this inspeclion. Mr. Umiann responded fie cannot say,
but he believes it vras a refeaal, buT he is not sure from where.
Ms. Moermond 2sked wntd he not get iato tlae bvilding. Mr. Lin respoaded he did not have the
key.
Ms. Moermond stated he contd [emove the locks. She asked how He got in when the tenant left.
Mr. FFores responded tkirough the back door. Sometime in March, Mr. Liu caIled and said there
was aa incident with a tenant. He went throun� the list that the deparhnettt provided. He got the
Cerkificate of Occupancy and got all ihe reqnirements. Ofthe 31 issues mentioned, aUout 25 are
contribuEed to tlus particular individual. The area is proactive. The tenant probably made the
ca1l. Mr. Flores indicated to Mr. Liu that he called the plumber, electrician, and he will do what
is required. There is a roll off in the back They are to teinstall fue extinguishers, wluch were
previoasly present and approved. It is a good pmperiy. Mr. Liu spent money to redo The
storefront. They have been forced to install a valve. Mr. Lee has been proactive.
Ms. Moermond stated this building has three spaces. Mr. Flores responded the front half is store
front and fhe back half is apariment. No one is there. What was filed was an appeal of the
requirement fhat the building be registeied as vacant She asked weze they also appealing the
con8emnation and revocation of certificate of occupancy. Mr. Liu responded yes.
Mr. Magner stated he believes that NHPI has done nothing inappropriate based on the f-act that
Fire Department is in control of multi-unit or commercial v�uts. NI�'I is fully in staudard
pracfices $exe, but the Vacant Building Regis4ation Notice gives 30 days to register die property.
Af3er that, they give an additional ten days. NHPI would noY be opposed to 60 days m bring the
building into compliance. Mr. Magner is willing to forgo the fees if two things aze
accomplished: �l) they submif the regishation forms indicating they are going to oUt<vn a team
inspection and complete the project in 60 days, 2) they inaiutain the praperty so that the City
does not have to take care of the property. Ms. Moermond responded tl��a.t sounds reasonable.
Mr. Flores asked can he pull a Tepair pennit Not until the team inspection was perfozm�l,
answered NIr. Magnei.
Ms. Uzmnann stated what is in front of them is a basic list that caused the action. Ia order for
them to reoccupy it, it would I�ave to be inspected and approvecL The way tt�aY. happens, they put
a team iaspection would go through the property, and give a full list of what is needed They can
hy tn e�edite that mattei. There is no fee; it is part of the Ceriificate of Occupancy.
Nfs, Moezmond asked what Idnd of histoxy is on tUis building for conections. Mr. Urmann
responded it has been typicat up fo this point They redid ffie front to make iY attractive to the
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LEGISLATIVE HEARING MIIJI7TES OF MAY 3, 2005 Page 11
commimify. The yoimg man was Lesidiug dovmstai�, and he was ordered to stop and get his
sAiff out
Mr. F1ores asked other questions and Mr. Ummnn responded he would have to see the buiIding.
Ms Moermond asked is it nomial proced�se to xeqiuce a team mspection £or reoccupation. A�.
Ursann respottded it is tug,gexed by Vac�t Bialding Statns. There were so many vio]ations, tUaz
it called for fhat immediate action. Mr. FIores asked can he come back in a week to look aT this.
Ms. Moermond stated a lot of damage was done. The concem is that a geneial inspector was
seat through and not a team trades inspector. The fees will be waived. He sfiould get the
iuspector, as they do not know what is m there. Sounds like the frre department can schedvle in
quick osdei.
Ms. Mcermond asked does he have a standing time. Nfr. Umi�n responded every Tltursday
afteiuoon. It would be two weeks out
Mr. Liu asked can the City talce offthe condemvatioa Ms. Moexmond responded the City will
not legally lift the condeIImation. If the concem is s is co o e wi -- —
lifl;ng it off the building. The sign cau 6e removed, but the status will not change.
Ms. Moermand recommends denying the appeal of the Vacant Buildmg Registration Notice
dated 4-21-OS and waiviug the varant building fees until 8-1 S-O5.
Appeal of Deficieney List, wtueh includes condemnation, at 100 Califomia Avenue West
Uait 308: appeilant: Stephanie Reese. (Division of Fire Preveirtion)
The following appeazed: Perry deStefano, SMRLS,16b Fourth Sheet Fast, �200; Stephanie
Reese, appellanf.
Michael Urmaan, reported that Perry deStefano and he have spoken on tivs issue. The
conections have been made. Beds have been removed from the location. He has an appoinhnent
ttus aftemoon to make sure that code compliance has been gained.
Iv�, deStefano stated the tenant is on Section $. He requests a writfen decision that there is no
unauthorized occupant. The tenant suffers from a mental disabiliry. The daughter moved out
They have documentation that fhe daughter is with the husband. The owner had a memorial foi
her daughter in the closet. $ has been removed. Ms. Reese has a hearing on Thuzsday. Secfion
8 is unpoxtant to hei. She has a huo bedtoom apartment. She has a 13d that w�at to college, so
she is in tke process of getting a one bedroom certificate. When the inspecfor saw that in the
closet, it looked like there were tUree people living fhae.
Ms. Moermond stated she is reading fUat there were four people. Ms. deStefano responded thete
was a broken futon. It may 2iave looked like someone was theie. They put it against the wall.
The tenant a3so has osteoarNu'itis, so she likes to lay down to watch tv.
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LEGISLATNE HEARLNG MINUTES OF MAY 3, 2005 Page 12
Ms. Moe�ond asked who is living here. Mr. deStefano responded just tUe tenant Steph�ie
Reese.
Mz LT�ann asked wiSl a letter suffice from him Mr. deStef�o responded yes.
Ms. Moermond recommends granFing the appeal of the Deficiency List, wluch inciudes
coademnation, dated 420-05, as the condemnation t�as been lifted.
The hearing was called tq order az 12:02 am.
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