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05-951Council File # �� 9 S� Green Sheet # 3028311 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by Refeaed To Committee Date 13 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the September 27, 2005 decisions of the Legislative Hearing Officer on Appeals of Letters of Deficiency, Correcrion Notices, and Correction Orders for the following addresses: Propertv Appealed Appellant 440 University Avenue West Sheng Thao (Division of Fire Prevenrion) Decision: Lay over to Legislative Hearing on October 25, 2005. 973 Jessamine Avenue East Shawn Paige, owner (Division of Fire Prevention) Decision: Appeal of Correction Order denied; accommodation has been made with enforcement staff. 391 Toppine Street Jeff and Judy Otto, owners (Division of Fire Prevention) Decision: Appeal of Deficiency List denied; accommodation has been made with enfarcement staff. Yeas Nays Absent Benanav ✓ Bostrom � Harris ✓ Aelgen '� Lantry ✓ Montgomery ,/ Thune �/ � � � � a Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council b-er l� � oas BY � — Adopted by Council: Date DC,� � oS 9s� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmeM/offce/wuncil: Date Initiated: co �,�� o��T-05 Green Sheet NO: 3028311 Contact Person 8 Phone: Depar6nent SentTo Person initiaVDate Marcia Mcertnond 0 oa cil Z66-8`'60 Assign 1 ouncil De arMentDirector Must Be on Council Agenda by (Date): Number Z erk For Routing 3 � Order 4 5 Total # of SignaWre Pages _(Clip All �ocations for Signature) Action Requested: Approving the September 27 decisions of the L,egislarive Hearing for Appeals of Letters of Deficiency, Correction Notices, and Correction Orders on the following properties: 440 University Avenue West, 973 Jessamine Avenue East, and 391 Topping Street. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission �, Has this personffirm ever worked under a contract for this department? CIB Committee Yes Na Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any curzent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, WhyJ: Advantaqes IfApproved: DisadvantaqeslfApproved: Disadvantages If Not Approved: � Totaf Amourrt of CosURevenue Budgeted: Trensaction: Funding Source: ActiviN Number. Fi nancial Information: (Explain) CITTZEN SERVICE OFFICE Shari Moor� Acting Ciry Clerk ��! l�J � Z i � � \ � ! I � l �J � 1 Randy Kelly, Mayor September 12, 2005 Sao Lee 1457 Englewood Ave. St Paul, MN 55104 RE: Appeal for 440 University Ave. W. 11 D Ciry Hal[ li W KelloggBoulevard Saint Paut, Minnesoia 55702 Your application for an appeal has been received and processed. oS- 95I Tel.: 651-166-8989 Fax: 651-266-8689 Please attend the public hearing before the Legislative Hearing Officer on Tuesday, September 27, 2005 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal conceining the above referenced properiy. At that time the Legislative Hearing Officer will hear all parties , relative to this action. Failure to appeaz at the hearing may result in denial of your appeai. Since� , d'Z�'�-C� Shari Moore �" Acting City Clerk cc. Peggy Schlichte, Fire Inspector Mike Urmann, Fire Prevention ivlarcia`Moecmond, Legislative Hearing Officer. AA-ADA-EEO Employer APPLICATION FOR APPEAL Property Code Enforcement Legislaiive Hearing 110 City Hall Saint Paul, MN 55102 �-95! s RF cFiV�� FP I f'ir. _ 2 ZOIIs , Telephone: (651) 266-8989 -• r �°` "" s 1. Address of properEy being Appealed: 2. Nvmber of Dwelling Units: �}`�o �:,�r�j . � �,.� �/ l,� 3. I3ate of I.etter Appealed: �w,..�s�- �a . 2�D� - 4. Naxne o? Owner mr, � t� �x.e� Address: \�� - ��, �,� R c�ry: Sfi _� State: � Zip Code: �' �e z� Phone Number: Business L �,. a � � _ �'� � � Residence (�j � - ( �- � � j � Signature: 5. Name of Appellant I Applicant (it' other than owner): �j � c�,.p Address: �� ,� �� City: �State: �MhJ ZipCode: � Sl�� -�--. Phone Number: Busin _ — �`�- Residence �j �� { K_ 2� q� Signature: � 6. State specifically what is g appealed an why (Use an attachment if necessary): d , � NOTE: A$25.00 fiIing fee made payable to the City of Saint Paul must accompany this application as a necessary condifion for filing. You must attach a copy of the original orders and any other correspandence relative to this appeal. Any person unsatisfied by the final decision of the City Council may obtain judicial review by timely filing of an action as provided by law in District Court. For Office Use Only Date Received: Fee Received: Receipt Number: -�� / # °`yO IntemefApplica6on os-9s� We aze appealing #5 and #7. #5 states that a sign "This door must remain unlocked when building is occupied" must be posted at the main e�ts. The first e�t is the maiu entrance. We will put up the sign by the main entrance, however, we will still keep the door locked. This is a small mom-and- pop store with one or sometimes two people working there. We do not have twenty employees or hundreds of customers running around like in a Ctiib Foods store. We aze also located in one of the worst blocks oa University Avenue. Therefore, we have to keep the door locked in order to be safe. Since we started keeping the door locked, we l�aven't had to call the cops for help so much anymore. We used to have to call for help at least 2-3 times per day. These aze some of the incidents thax we have had to deal with: (i) A group of ten teenagers with chains and baseball bats came and tried to destroy our store with us inside crying for help. We had toddlers and pre- school children in there with us that day. Fortunately, right when they broke down the door, the cop arrived and was able to stop them. (2) This man with tattoos, who probably weighs over 300 pounds and is over six feet tall, came into the store and tried to grab me. When my father heard me screasn, he grabbed a knife and tried to chase the man away. I was able to get to the phone and called 911. VJhen the cops came, they were going to arrest my father because they said my father was the one with the weapon, not the tattoo man. (3) A woman and her husband came into the store and just started packing all the sttxff that they wanted into these black garbage bags that they brought with them. When I asked them whax they were doing, they responded by saying that I should call the cops because it's going to be a long time before the cops got there and that they could do whatever they wanted and it wouldn't matter. They were right because it took 45 minutes for the cops to arrive and by that time those two were gone already. #7 states that the unapproved locks must be removed from the e�t doors. 'They were removed last year already when Ms. Schlichte demanded that they be removed. Ms. Sclilichte is also demanding that the use of a lock be removed from the outside fence because that is part of the exit way. We aze looldng for a way to lock the fence so that it can be open from the inside but not from the outside. In the meantime, we ha�e to keep it locked. We keep it locked for our safety. Before we had the gate, there were prostiiutes hanging out there and fornicating in our driveway, drug dealers dealing drugs and doing drugs, people urinating and defecating right on our door and doorway. We had to clean them everyday. There were also people hanging out by our cars and would not let us get into the cars to leave. They would demand for money in order to let us leave the preurises. When we did call the police, we'd end up waiting for hours and the police never came. Somefvnes we ended up arguing with the culprits and it became very violent. We haue small cluldren who sometimes are tTiere with us. We do not want them to have to see such ugly altezcation. With the gate being locked, we don't have to deal with these incidents so much anymore. When we go ouk to out car at the end 05 -9 s� of the day, we don't have to always grab a weapon for fear that someone is waiting to hurt us. We understand where Ms. Schlichte is coming from. However, we believe that protecting outselves from this type of danger is more unportant and faz outweighs the fize safety code that Ms. Schlichfe believes we are violating. We believe that we aze just prAtecting ourselves and our business. We aze not hurting anyone. Please help to make St. Paul a safer place in which to live and work! Thank you. FROM. �J — 7 5 � DEPARTMENT OF FII2E AND SAFETY SERVICES DwglasA. Holton, Fire Chief CTTY OF Sf1IN'f PAUL Randy C- Kelly. Mayor �r.r AUgllSt 22� 2��5 SAO LEE 1457 ENGLEWOOD AVE ST PALTL. NII� 55704-1904 RE; REFERI2AL 440 UNIVERSITY AVE W HANA MARKET Ref. # 14651 Dear Property Representative: DNISION OF FI32E PREVENTION Steven Zaccard Fire Mmshal /OOEastElevenihStreet Telepfione:65T-228-6230 SaintPaul,MN�5J07 Facsunite:651-Z2B-6241 An inspection was made of your building on August 22, 2005 in response to a referral. You are hereby notified that the following deficiency list must be corrected immediately. A reinspection will be made on August 30, 2005. Failure to comply may result in a criminal citation or revocation of the Certificate of Occupancy. The Saint Paul Legislafive Code requires that no building shall be occupied without a Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. DEFICIENCY LIST 1. 2. 3. 4. the extension cords through out building. BASEIv1ENT - M5FC 315.2 - Provide and maintain orderly storage of materials. EXTERIOR - SPLC 45.03 (6) - Cut znd maintain the �ass{��eeds less than 8 ir�.,h�s �1;. EXTERIOR - SPLC 34.08 (1), 3431 (1) = All exterior properiy areas shall be maintained free from any accuxnulation of refuse, garbage or feces. GENERAL - MSFC 605.5 - Discontinue use of e�ension cords used in lieu of permanent wiriug.-Remove 5. ''� GENERAL - M5FC 1010.1, 1003.3.1.8 - Post a sign stating 'THIS DOOR MUST REMAIN L7NLOCKED WHEN BITII.DING IS OCCUPIED' at main exits with interior key locks. The minimuxn stroke of the letter must be 1 inch with a contrasting background. CQ GENERAL - MSFC 1011.2 - Remove the materiais that cause an eacit obstrucrion. Maintain a clear and unobshucted e�tway.-Remove items blocking the down stairs exit ways. AA-ADA-EEO-Employer � 2 05-951 7. � EXTERIOR - MSFC 1003.3.1.8 - Remove unapproved locks from the e�t doors. The door must be openable from the inside without the use of keys or special knowledge or effort.-Remove the lock from the outside fence. This is part of the exit way. You have the right to appeal these orders to the Legislative Hearing Officer. Applicarions for appeals may be obtained at the City Clerks Office,170 City Hall (651-266-8989) and must be filed within 10 days of the date of the original orders. If you have any quesrions, please contact me at 651-228-6235 between 730 a.m - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, Peggy Schlichte Fire Inspector Ref. # 14651 AA-ADA-EEO-Employer CITIZEN SERVICE OFFICE Sh¢ri Moore, AcSng Ciry GZerk CITY OF SAIN�f PAUL Randy Keilg Mayor 770 Ciry Hall ZS W. KeZloggBoulevard SaintPaul,Minnesota 55102 September 13, 2005 Shawn & Melissa Paige 1308 Kassan Drive. South St. Paul, MN 55075 RE: Appeal for 973 Jessasuine Ave. E. Dear Shawn & Melissa: Your applicafion for an appeal has been received and processed. 05-9 51 TeL: 651-166-8989 Faz: 657-166-8689 Please attend the public hearing before the Legislative Hearing Officer on Tuesday, 5eptember 27, 2005 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officer will hear all parties relaYive to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, �G!/� � Shan Moore Acting City Clerk cc. Joel Essling , NHPI Inspector Andy Dawldns, NF3PI D'uector 3vlai l�oermdnd, Legislative Hsaring Officer AA-ADA-EEO Employer 05-95 ( Summary Abatement Appeal Application Requesting ahearing before the Legislative Hearing Officer to appeal a s��mary abatement order. Mustbe filedbefore the appeal deadline orwithinseven (� days, whichevercomes first, in: CitizenServiceOffce isxeno�Bi�a.w,iioc��yxau RECEf�IED s�tra,� Nnv ssloa Telephone:(651) 266-8989 APPLICANT $EP 1 3 2G05 cirv c��x Name: s AV�N P! � � � StreetAddress: �? O$ �S N D�' Crty' U . S . �(� State: m Zip Code: �J�O 7J� Home Phone ((pC � ) + f 5� �3 3 / � Work Phone ( �� ) �� 7 � ORDERBEINGAPPEEiLED - ATTACHCOPY Addressofpropertybeingappealed: Gj73�� h� �e �, Datemailedbyinspector: _g_�p5 Name ofowner ifotherthan applicant: Address ofownerifotherthanapplicant: Home Phone ( ) Work Phone ( ) I FOR OFFICE USE ONLY Datereceived: U Wazd: Date sentto hearing office & inspectors: I• .�. �• � � . � REASON FOR APPEAL (Be as specific as possible. Use an attachment ifnecessary.) , - CITY OF SAIlVT PAUL s�t�b� �, 2005 NF.IGHBORHOOD HOU5ING AND PROPERTY IIvtPROVEMENT on Date 1600 LVhite Bear Ave N. —$�— dS Saint Paul, MN 55106-1608 Date ' ed CORRECTION ORDER MailedBy Yog I�ais tias koj hais lus Hmoob tlilab koj uis m taub tsab ntawv no, hu xau tvs ixhais lus ntawm (651) 266-1918. Nws yog pab dawb zwb. Si usted habla el Fspanol y no euriende esta nota, D�a (651�66-6008 paza un aaductor. No costo- Shawn F Paige/Melissa M Paige 1308 Kassan Dr South St Paul MN 55075-1026 As owner or person{s) responsble for: 473 �.�S�F, 1��. F. you aze heceby ordered tn eliminate all conditions which aze in violation of Chapter 45 and/or Chapter 34 of the Saint Paul Legislative Code. � SANITATION Immediately remove improperly stored or accumulated refuse including; gazbage, rubbish, J�unk, velucle parts, wood, metal, recycling materiaLs, household rtems, building materials, rubble, tires, etc., &om yard. The Saint Paul I.egislative Code requires a11 exterior property azeas to be maintained in a clean and sanitary condition. Usable materials must be stored in an approved manner, so as not to constitute a nuisance. � � � � � � � as GARBAGE AND RUSBISH STORAGE AND REMOVAI. Provide approved containers with ti�pt fitting covers. These containers must be of sufficient quantity and capacity to contain the rubbish and gazbage from the umt(s). No rubbish or gazbage may be stored outside in plastic bags. Weekly gazbage and mbbish removai sernce is required. It is the �rooertv owner's resnonsibilitv to nrovide containers and removal service. The Saint Paul Legislative Code requires occupants to properly dispose of gazbage and rubbish by placing it in approved containers. ANIMAI. FECES Immediately remove and properly dispose of all animal feces from the yard or lot. Animal feces should be removed on a daily basis so as not to constitute a nmsance. Mawtain the property in a clean condition at all times. TALL GRASS AND R'EEDS 7mmediately cut tall grass and weeds wluch have grown to a height of eight (8) or more inches or have gone to seed. The Saint Paul L,egisiative code requires that grass be cut and maiutamed at a height of under eight (8) inches. HOUSE AND BUII.DING NUMBERS Provide reflectorized or illuwinated house numbers front and rear where- applicable. The numbers must be a nvnimum of three (3) inches in height and must be clearly visible &om the street or alley for safety reasons. COMPOSTING Remove unapproved compost. Composting of organic materials is permitted only in enclosed containers pro�erly maintained to m;n;m;ze odors. Containers must be piaced five (5) feet from lot lines and twenty (20) feet from habrtabie buildings. MATERIALS NOT ALLOWED: meat, bones, fat, oils, dairy products and other greasy latchen wastes, whole branches or logs, plastics, synthetic fibers, human or pet wastes, heauily diseased plants. VEHICLES All velucles must be correcUy licensed, operable, secure from unauthorized entry, and pazked on an improved surface. Cotrect violations; store in a gazage or remove. OTHER REMOVE CONC'RETE BLOCK/RUBBLE FROM UNDER REAR STAIRS AND FROM REAR HILL. coivirLY sEFO�: Septem�er 27, 2005 Noncompliance with this order or repeat violations will result in the issuance of a crinvnal citation and may result in abatement action by the city. Your cooperation is appreciated. Issued by: Joel EsslinE Badge No.: 322 Phone Number 651-266-1904 Avpeals: You may appeal tUis order and obtaia a heazing before the City Council by Sling a wriuen requert wiih the City Clak before the appeal deadline noted above or seven (7) days afta the date mailed, whichever comes 5rst. No anneaLs maV be filed after tLat date You mav obtain an application from the CiN Clerk'S Office, Room 110 Citv Hall St Paul MN 55102 The teleohone mimber is (651) 266-8989 You mnst submit a conv of flus Correction Order with vour annlication '�WARNING Code inspection and enfrncement trips cost the ta�cpayets money. If tLe violations aze aot corrected witiva ihe time period reqnired in tlus notice, the ciry's costs in conducting a reinspection after the due date for compliance will be collected from the owner mthailtan being paid by tUe taxpayecs of the ciTy. If additional new violations are discovered within the aext following 12 montUs, the city's costs in conducring additional iaspecrions at fhis same locarion witidn such 12 months will be collected &om the owner rettter tLan being paid by the taCpayets of H�e city, Any such fuluce costs will be collected by assessment against ffie real property and are in addition to any otha fines or assessments wluch may be levied against you and your property. cordei 7/OS - AA-ADA-EEO Employer �� . '< i� � X: �- �'. � Z ' X ! '�.�.� ' �'{ P' _____. - z i:� � ��rt ,� � � �� _; �' �' E. 1, �: �� . - 2 � `�: cC: - _ _ . _�.. [[[11f 1 ' . _ �� s � � �Q \, i ? � �. � = � 3 ' i _ � -"1� Y } �' � R � c a a .�'+Fih .. , . '-� ... �4 1 i. 05-95( CITIZEN SERVICE OFFICE Shari Maare, Aciittg City Clerk CITY OF SAINT PAUL Randy Kel1y, Mayor September 13, 2005 Jeff & Judy Otto 391 Topping St. St Paul, MN 55117 RE: Appeal far 391 Topping St. IIOCiryHaI1 Tet.: 651-266-8989 I S W. Keilogg Boulevard Faz: b51-2668689 SainlPauZ,Minnerota 55102 Your application for an appeal has been received and processed. Please attend the public hearing before the Legislarive Hearing Officer on Tuesday, September 27, 2005 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced properiy. At that time the Legislative Hearing Officer will hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, S --�J�(� �� Acting City Clerk ca Matt Opsahl, Fire Inspector Mike Urmann, Fire Prevention �Nlarcia.Moermorid, Legislatiue }iearing Officee AA-ADA-EEO Employer t as �5� APPLICATION FOR APPEAL ��'�° Property Code Enforcement Legislative Hearing �� d 3 2005 110 City Hall t,'��-� Saint Paul, MN 55102 �LERK Telephone: (651) 266-8989 1. Address of property heing Appealed: 2. Number of Dweiling Units: 3`Z 2 To P F' r N G S-E- i �,.� � c�. -f-r ��. � 3. DateofLetterAppeaIed: �' —sl o r 4. Name of Owner. � e��' �� 4 �Q � Q�� — Address: 3 �t j To P P e N G-r d–c�c y : �-� �� State: /VI n/ Zip Code: S-�! j 7 Phone Number: Business ,5�-- �� Q ��idence G S — �� y�� Signature: ��,_, f' 5. Name of Appellant / Appl Address: Phone Number: Business Signature: (if other than owner): City. State: Zip Code: Residence 6. State spec�cally what is being appealed and w �t12 c,w-P cs-ts�� '� fz � �e oP /f c.cJ }�o Q L^c _ t,v • '�-�, -�� S . T -�- n i,,� "� : n -izc G� c S V�Set� C( N? O T G�'� Zv,C O{ � � o R, �-�- Q S k-� �- l � lla�v S -{-- Jse an attachment if necessary): � �Z�C G/OO��s �� 4 � �_ f� �- C� h�>,.,� h 0,r � ea y �J' e SC�r4 Q. l � S �C�- 6 c �5 � , ri ,. ', -�— a -t UrqnCP Lr>� ( � �i.c-�- v*C i�. �� r h� i �fY �. / P d �" NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accampany this applicaiion as a necessary condition for filing. You must attach a copy of the originat orders and any other correspondence relative to this appeal. Any person unsatisfied by the final decision oF the Ciry Council may obtain judicial review by timely ffiing of an action as pmvided by law in District Court For Office Use IIate Received: 9-/� o� 5/98 Receint Number: IntemetApplication �P �/ - t�e ,�-� � 05-951 FRONI. DEPART�ENT OF FIRE AND SAFE('Y SERVICES �oug/as A. Holton, Fire C6iel DNIS(ON OF FIRE PREVENTION S�even 7vccard, Fire Marshal CITY OF SAINT PAUL RandyC. Kel(y. hlayor September 6, 2005 7EFF & NDY OTTO 341 TOPPING ST SAIi�TT PAUL MN S51 i 7 RE: REFERRAL 391 TOPPIN� ST PALLET RECYCi,ING Re£ # 17055 Dear Properiy Representative: 100 Eas[ Eleventh So-ee[ 7'elephone. 6�/-223-6230 SamtPauf,MNj5tD7 Fa<simde.651-218-6241 An inspection was made of ypur buiiding on September 6, 2005 in response to a referraL You are hereby notified that the following deficiency �ist �ust be conected unmediately. A reinspection will be inade on or afYer `O'ttoti�r 6, 2005. � Failure to comply may result in a criminal citation or revocation of the Certif cate of Occupancy. The Saint Paui legislative Code requires Yhat no building shaIl be occupied without a Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. DEFICIENCY LIST i• SPLC 34.08 (1), 34.31 (1) - All ea properly azeas shall be maintained free from any accumulation of refuse, garbage or feces.-In front of the building there is garbage and broken pallets which need to be cieaned up. You haue the right to appeai these orders to the Legislative Hearing Officer. Appiications for appeais may be obtained at the City Clerks Office,170 City Hall (651-266-8989) and must be filed within 10 days of the date of the original orders. If you have any questions, please contact me at 651-228-6208 between 730 a.m - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Suicerely, . , � .. : :: . ..... .. . Matt Opsahl F��'InspeC'toi'° � . _ . - - .,,,<. �. AF ,;�.;: