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07-1132Council File #_�'�—�f 3 a— GreenSheet# 3@yloa2�i l 2 3 4 � 6 7 8 9 10 11 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing record and testimony heazd at public heazing on November 7, 2007 hereby memorializes its decision to certify and approve the October 18, 2007 decision of the Legislative Hearing Officer for the following address: ADDRESS 98 Garfield Street APELLANT John G.Stefanyshyn/Adelheid Stafanyshyn Decision: Appeal denied Yeas � Nays � Absent �I Re uested b De artment of: �—�—�—� Q Y P � Form Approved by City Attomey By: Adopted by Council: Date ��' Z� � �.. . -. � • . - I. I I�.)� .. . -'.� ��� ..-� 's�i ����: _� /. ., �_ _ Form Approved by Mayor for Submission to Council B RESOLUTION CITY OF SAINT PAUL, MINNESOTA l� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � a�-ll3a- Department/offce/council: Datelnitiated: Green Sheel NO. Jo4V277 CO �ouncil 13NOV-07 Contact Person & Phone: Marcia Moertnond 6-8570 Must Be on Doc. Type: RESOLUTION E-Document Required: N Document Contact: Mai Vang Contact Phone: 6-8563 � �epamnem aem �vrerson 0 ouncil Assign 1 ouncil De artmen[ Director Number Z ' Cierk Ci Clerk For Routing 3 Order 4 5 Total # of Si9nature Pages _(Clip All Locations for Signature) Resolution memorializing City Counci] action taken November 7, 2007 denying the appeal for property at 98 Ga�eld Street, per the recommenda[ion of the Legislative Hearing Officer. or Personal Planning Commission 1. Has this person/firm ever worked untler a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/frm ever been a city employee? Yes No 3. Does ihis person�rm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Number: November 13, 2007 836 AM Page 1 ��� a �� � �� 6 �li'� ' E `� October 17, 2007 CITY OF SAINT PAUL CITY CLERK'S OFFICE John G. Stefanyshyn / Adelheid Stefanyshyn 98 Ga�eld Street St. Paul, MN 55102 RE: appeal for 98 Ga�eld Street Dear Mr. Stefanyshyn: Your application for an appeal has been received and processed. 07-//3 �.-. Please attend the public hearing before the Legislative Hearing O�cer on Thursday, October 18, 2007 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 Officerwill hear all parties relative to this action. Failure to appear at the hearing may resuit in denial of your appeal. Sincerely, �����9����� Shari Moore �� City Clerk cc. Paula Seeley, DSI Code Enforcement Marcia Moermond, Legislative Hearing OfFicer IS 4VEST KELLOGG BOULEVARD, SUITE 370 SAINT PAUL, MINNESOTA55102 AA-ADA-EEO Employer Te1:651-2668688 Fae:651-266-8574 www.stpassl.gov � APPLICATION FOR APPEAL Saint Pau] City Clerk IS W. Kellogg Blvd., 290 City Hall Saint Paul, Minnesota 55102 Telephone: (6� I ) 266-8688 1. Address of Property being Appealed: 2. Number of Dwelling Units: �8 G� F��i� S-�. � 0 7 - //3a-. RFC ��� � � 20 �� ��'ERK 3. Date of Letter Appealed: � � st�e� / ��G f �l s�- � 4. Name of Owner: v O�n �r, y��yv� � jp�� �� J•s�.h Address: �� �Gf.`���P�l�{ � City: . �� State: �Zip: S.S�� Phone Numbers: Business 5. Appellant / Applicant (if other than owner): Residence rsl - ZZY Address: City: Phone Numbers: Business Residence Cellular (oS/-L3B Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary): r� � / hL _ 4 ' ° ' ' ' = t` _ s���e 'T U�-ot C � diLx� � / ic reyK.�'s1 k h�e j�� y�/- . " NOTE: A$25.00 fi]ing fee made payable to tfie City of Saint Pau] must accompany this application as a necessazy condition for filing. You must attach a cooy of the original orders and any other correspondence relative to this appeal. Any person unsatisfied by the final decision of the City Council may obtai� j�d�cial review by timely filing of an action as provided by ]aw m Disrrict Court. Da[e Received: ��� ��� E1 � � .��� ��� t`� � ��- For Office Use Only Fee Received I Receipt Number: �u � �Q �� �� �,� � \=��� Date of Hearing: Dt'� {� � :�Q DEPARTMENT OF SAFETY AND INSPECTIONS Richard Lippert Manager of Code Enforcement CITY OF SAINT PAUL ChristopherB. Coleman, Mayor 1600 A'hite Bear Ave N Saint Paul, MAr i5106 October 10, 2007 0�-//3 �- Tel: (651) 266-1900 Fde (651) 266-1926 NOTICE OF CONDEMNATION AS UNFIT FOR I3UMAlv HABITATION AND QI�FI� '�'� V �Cr�TE John G Stefanyshyn/Adelheid Stefanyshyn 98 Garfield St St Paul MN 55102-2751 Deaz Sir or Madam: The Department af Safety and Inspecfions, Division of Code Enforcement, has determined that _ _ the dwelling andpremises at, 98 GAI2FIELD ST .is -"Unfit for Human Habifa6on". In accordance with Saint Paul Legislative Code, Chapter 34, Secfion 23, the premises will be placarded on October 10, 200a and ordered vacated no later than October 17, 2007. Your attention is called to the following provisions of Section 34.23, Subsection 6 entitled, "Vacation of Structure or Unit": "Any residential structure or residential unit which has been condemned or placarded as unfit for human habitation shall be vacated within the time set forth in *?�e �Zaczrv and,�ar a�er. It s�all be �lawfui ior any person to iet to any person for human habitation any strucfure or unit so cvndemned or placarded, and no person shall occupy the structure or unif after the date set forth in the plaeard and/or notice." THIS DWELLING SHALL NOT AGAIN BE USED FOR HLTMAN HABITATION UN1IL WRITTEN APPROVAI; IS SECURED �ROM.THE CTI'Y OF SAINT Pf1UL; DEPARTA'iEN`C O�'�SAFETI' AND INSPECTIONS, DI�ISION OR CODE ENFORCEMENT � ' _ _ . . . .. AA-ADA-EEO Employer 98 GARFIELD ST Page 2 6�-/l3�- Princinal Violafions: These deficiencies must be corrected before this condemnarion and vacate order wiil be removed. The entire house constitutes material endangerment, and is a fire hazard. There is excessive storage throughout the first floor unit and the basement. It is i_mpossible to get to the furnace or water heater due to the clutter. Fire exits are blocked. 2. There are defective light fixtures and exposed electrical wiring in the 1�` floor unit. 3. There is a large holes in the ceiling in the bathroom and a possible leak in the waste pipes from the upstairs bathroom. The bathroom floor covering is deteriorated or inadequate. Provide floor covering which is impervious to water and easily cleanable throughout the bathroom and seal around the edges and fixtures. 5. There aze large holes in the bedroom ceiling. 6. There is scattered trash on the floor in unit two and vexy unsanitary. 7. There is evidence of a rodent infestation. Immediately extexxninate and eliminate all rodents from the entire building. Remove rodent harborages in the yard areas. Tuckpoint the foundarion if necessary to rodent-proof the building to prevent re-infestation. Ixnmediately remove any dead rodents from the premises. (Mice) 8. Due to the amount of storage in the house a thoroughly inspecrion will be done after the house is cleaned out. The placard cannot be removed until then. Other Violations: These deficiencies must be corrected in order to bring this property into compliance with the Saint Paul Legislative Code. 1. SANITATION: Immediately remove improperly stored or accumulated refuse including; gazbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, tires, etc., from yazd. The Saint Paul Legislative Code requires all exterior property azeas to be maintained in a clean and sanitary condition. Usable matenals must be stored in an approved manner, so as not to constitute a ttuisance. 2. There is excessive storage in the garage. Authorizafion to reoccupy this/these dweiling unit(s) will not be given until it is demonstrated that ali principal violarions have been conected and that no new conditlons exist wlrich could consritute material endangerment or wiuch ttu the peace, health, safety ar welfare of the occupants of tlus building. All repairs and new installations must be made in accordance with the appropriate codes. Permit information may be obtained from the Building Inspection and Design Section, 8 Fourth Street, #200, Coxnmerce Building (651) 266-9090. You may file an appeal to this nofice by contacting the City Clerk's Office at (651) 266-8688. Any appeal must be made in writing within 10 days of the date of this notice. uhh60103 9/07 D'1-l13�- It is the responsibility of the property owner to keep all buildings secured and to properly maintain the premises at all times. If yon have any qnestions concerning this matter, please contact the Inspector, Paula Seeley, at 651-266-1916. To arrange an appointment or reqnest an egtension of time to complete repairs, yon will need to speak directly to the inspector. Sincerely, RICHARD LIPPERT Richard Lippert Manager of Code Enforcement as c: Ramsey County Assessor's Office Public Housing Agency, Atin: Vera Johnson Community Stabilization Project DSI-Code: Athena Borgerding HALO - Southem Mimiesota Regional L,egal Services \\wallie\Amanda\DSI-NHPS\Temolates\�+-dot AA-ADA-EEOEmptoyer Date: October 09, 2007 ����� � File #: 07 -155089 Folder Name: 98 GARFIELD ST PIN: 012823420097 Date: October 09, 2007 Q�'��.3� File #: 07 - 155089 Folder Name: 98 GARF'IELD ST PIN: 012823420097 D�-ll3 � Date: October 09, 2007 File #: 07 -155089 Folder Name: 98 GARFIELD ST PIN: 012823420097 D�--ll3a- Date: October 09, 2007 File #: 07 - 155089 Folder Name: 98 GARFIELD ST PIN: 012823420097 Date: October 09, 2007 b� Jl3 �-- File #: 07 - 155089 Folder Name: 98 GARFIELD ST PIN: 012823420097 D�l�/13a-- Date: October 09, 2007 File #: 07 - 155089 Folder Name: 98 GARFIELD ST PIN: 012823420097 b 7 �//��-- Date: October 09, 2007 File #: 07 - 155089 Folder Name: 98 GARFIELD ST PIN: 012823420097 0�7�//3� Date: October 09, 2007 File #: 07 - 155089 Folder Name: 98 GARFIELD ST PIN: 012823420097 b�7�1/3 a. MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, ABATEMENT ASSESSMENTS AND ABATEMENT ORDERS Thursday, October 18, 2007 Room 330 City Hall, 15 Kellogg Blvd. West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 135 p.m. STAFF PRESEN'I': Paula Seeley, Department of Safety and Inspection (DSn - Code Enfarcement Appeal of John Stefanyshyn and Adelheid Stefanyshyn to a Condemnation and Order to Vacate property at 98 Garfield Street. John Stefanyshyn, appellant, appeared with Becky Wegner, a tenant of the property. Ms. Moermond explained the hearing process in that she would develop a recommendation for the City Council to consider at a Public Hearing. The Public Hearing for this appeal would be November 7 at 530 in Council Chambers. Whatever decision she made in the hearing would be the decision that would hold until the date of the Public Hearing. Ms. Moermond asked Ms. Seeley for a report, Ms. Seeley stated that the Police Department sent a police report to Code Enforcement as they found code violations at the property. The police report indicated that the upstairs unit was very unsanitary. She inspected the propexty on October 9 and met the mother, Adelheid, who allowed her and an officer access to inspect the first floor and second floor. She found excessive starage on the first floor, the ceilings were falling in, and there was hazardous electrical wiring. When she inspected the basement, she found excessive storage around the water heater. She then went upstairs to the upper unit, knocked on the door and no one came to the door. From what she could see into the unit, there was trash all over the floor and in the hallway. She immediately condemned the building based on the conditions in the entire building. She then went the following day and placarded the building. Ms. Seeley presented pictures of the inside of the house. Ms. Wegner stated that they were up North at the time the placard was placed on the building. They were rather dumbfounded when they returned to find the placard on the house. Ms. Seeley said that she received a call from John on Tuesday, October 16 as she had an appointment scheduled, and John indicated that the vacuum cleaner had broken and he wasn't ready for her to inspect his unit. He was very upset and indicated that he was going to hire an attorney. She told him that he should file an appeal. Ms. Seeley stated that given the excessive storage on the first floor and in the basement, it was a fire hazard to the upper unit as well. Ms. Moermond asked what areas of the house were shared spaces. Ms. Wegner responded that they stayed out of the basement as Adelheid had access only from her unit and they did not have a key. The one shared space that they had was the front porch where the mail is delivered. She admitted that there was a lot of clutter in the porch and she was reluctant to touch anything as she was afraid to upset Adelheid because she was very protective of her things. There was also a hallway with stairs that led up to their unit which was another area that was shared space. The stairway was clear; however, the hallway to Adelheid's unit was cluttered with file cabinet, clothing, etc. October 18, 2007 Legislative Hearing Minutes 0� �1?J- �... Page 2 Ms. Moermond asked how long they had the living arrangement with Adelheid downstairs and them upstairs. Mr. Stefanyshyn responded that it had been about five years. The house had been his mother's and she had lived there almost her entire life. He was also listed as an owner of the property. Ms. Moermond asked what prompted the Police to visit the property. Ms. Wegner stated that 7ohn's brother, Paul, lived approximately one block away and broke into their unit. She explained that Adelheid had become very ill and was in the hospital for approximately three weeks. Paul had a number of emotional and personal issues and was basically blaming them for their mother being sick because they had a couple of cats and a small dog. She believed that the doctor still had not diagnosed Adelheid's illness. Ms. Moermond asked her to describe Adelheid's symptoms. Ms. Wegner stated that her condition was pneumonia like; she had poor circulation in her lungs; her lungs were not taking in enough oxygen; which she felt was more a heart related condition. Paul was not dealing with it very well and basically was on a harassment campaign against her and John. What prompted the Police to come to the property was Paul had a key to his mother's place and had broken into their unit on September 26 and assaulted John and assaulted her as well. He said that he was going to kill their cats and that he was going to kill them as well. When the Police arrived, they of course found a mess from the altercation. She explained that she was in the process of moving to Albuquerque, New Mexico and had many moving boxes in the kitchen. Ms. Moermond asked whether Adelheid had any pets. Ms. Wegner responded that she had a cat and a large dog. Paul and Adelheid had the cat euthanized and it was her understanding that they took the dog to someone who lived up North. Mr. Stefanyshyn stated that he and Ms. Wegner had filed restraining orders against Paul. Ms. Seeley stated that she did see a doctor's note indicating that Adelheid had to get rid of all of the cats and any animals. Ms. Wegner stated that Paul had attempted to break one of their caYs neck and after this happened, she gave her cats to her grandfather and her sister took her littie dog. After all of this had happened John considered moving up North just to be away from Paul. Ms. Moermond asked about the vacuum cleaner. Ms. Wegner stated that they would likely need to buy a new one. They rented a carpet cieaner and were going to clean the caxpets in areas that they had access to. She had a contract to rent a U-Haul truck and was going to offer to store some of Adelheid's possessions in her starage unit so that she could go through them. Ms. Moermond asked where Adelheid was living. John stated that his mother had been released from the hospital and was currently living with Paul. Ms. Moermond asked what Adelheid's position was on the appeal. Mr. Stefanyshyn stated that his mother was aware of the appeal process; however, since she was on oxygen, she didn't feel well enough to attend the hearing: He stated that his mother had also recently retired. Ms. Wegner stated that it was their intention to help out Adelheid to clean out and fix up the house so she could continue to live there. She stated that John was a handyman having done carpentry work and October 18, 2007 Legislative Hearing Minutes �7���j�.. Page3 could make repairs in the house. She claimed that the electrical service had recently been updated, there were new windows, and a new roof. Adelheid had expressed the desire to have Paul go into the house and help clean it up; however, due to the restraining orders, he was not able to come to the property. Ms. Moermond asked Ms. Seeley to detail her report. Ms. Seeley stated that the order is to remove all excessive storage in the first and second floor; there was a light fixture that was hanging by the wire in one of the rooms; there were large holes in the bathroom and the bedroom ceilings. Adelheid said that water was leaking; however, she did not see it while she was there. When she went to the basement, there was storage around the water heater and there was also a bed which was illegal. Ms. Moermond asked whether Adelheid was sleeping in the basement. Mr. Stefanyshyn responded that his mother would sleep in the basement when it was extremely hot and humid as she didn't like air conditioning. His mother contended that the air conditioning was making her ill. Ms. Seeley stated that her concern was that there were small paths going from room to room and with the height of the debris, it was impossible to get to the windows. The front porch had so much storage that a person couldn't gain access to it. She stated that even if the upper unit was code compliant, if there was a fire that started in the basement of the home, a firefighter wouldn't be able to get in or out due to the tremendous amount of clutter. Ms. Wegner stated that she hadn't been down to the basement so she was unsure what might be around the water heater or furnace. She stated that she would be willing to throw out anything that may be around the water heater and furnace. She suggested that they be allowed to live in the house and work at getting rid of the stuff. Ms. Seeley stated that she met Adelheid and she doesn't believe that there is anything wrong. She doesn't understand why she has to get rid of any of the stuff. She tried to get her in touch with a social worker and she doesn't understand. If they weren't getting along now and then they started getting rid of her stuff, it would make it even mare difficult. Ms. Moermond asked how they were getting along with Adelheid. Ms. Wegner stated that there relationship was tenuous; she was cranky and old; she also favored Paul. When Paul assaulted John, she made the comment that maybe John had it coming. John had not done anything to Paul but Paul just does this. Mr. Stefanysyn stated that his mother had mentioned to him that she wanted to get rid of some of her stuff. Her concern was that she wanted the time to go through her things. Ms. Seeley stated that she had experience working with people with this condition. She cannot live there; however, she could be in the property from 8 a.m. to 8 p.m. and could go through her things. Ms. Moermond stated that Adelheid had a condition known as hoarding. Most of the people who have this condition had been this way their entire life. When they do have animals, it complicated the situation because of animal waste. The report indicated that there was rodent infestation in the building. What she recommended to people who suffer from this condition, is that they haue a therapist or social worker who has worked with hoarders to work with them. It appeared that Adelheid sees value in objects that normally people wouldn't value. If they were to clean out the house, people October 18, 2007 Legislative Hearing Minutes 67��� �- Page 4 who have this disorder re-accumulate stuff within a short amount of time; they also feel violated and like someone robbed them. Kay Wittgenstein worked in Public Health and has experience working with hoazders. Ms. Moermond asked whether Kay had met with Adelheid. Ms. Seeley responded that she believed they had only talked over the phone. She believed that Adelheid had grown up in Germany during World War II and had a very deep accent. She believed that was likely why she kept all of this stuff. She didn't lrnow whether Adelheid would accept any help. Ms. Moermond asked whether they were living in the build'mg. Ms. Wegner stated that they were now staying with friends. They were in the process of moving out their personal belongings. She understood that the house was a fire hazard; however, she requested they be allowed to live there to clean out the immediate hazazds. Ms. Seeley stated that the only way she could recommend an extension of time would be if she were able to make an inspection of their upper unit. If their unit was fine and they were going to get a dumpster to clean it out, she may give them an extension of time to comply. Ms. Moermond asked Mr. Stefanyshyn if he owned the house jointly with his mother. Mr. Stefanyshyn stated that this was correct. Ms. Moermond asked how they made decisions on things they had to come to agreements on such as garbage hauling, etc. Mr. Stefanyshyn stated that it was mutual. Ms. Moermond asked whether his mother always had a lot of stuff around her when he was growing up. Mr. Stefanyshyn responded that he didn't remember there being a lot of stuff and he believed it was stuff that she had accumulated over time. She did tell him that she was waiting for retirement and had admitted that it was time for her stuff to go. Ms. Moermond recessed the meeting to review the records. Ms. Moermond asked whether they would be willing to allow the inspectar into the upstairs unit. Ms. Wegner responded that she would. She was in the process of moving her stuff up to Virginia, Minnesota and the U-Haul needed to be returned by Friday at 1030 a.m. so she would be moving over night. She stated that they also had a court hearing on Friday at 8:30 a.m. concerning the restraining order with Paul. She asked if they could possibly conduct the inspection on Monday or Tuesday. Ms. Moermond stated that she wanted to see that the inspection be done on Monday. She recommended continuing the hearing to 1130 a.m. on Tuesday, October 23. She explained that the inspector did have the ability to partially lift the condemnation if she determined it was in compliance. Afrer reviewing the inspector's report and the police report, she believed the City Attorney's Office would have probable cause to obtain a search warrant to inspect their unit. She stated that they needed to take this matter seriously. She expressed concern that the conditions in the property were aggravating Adelheid's health situation. In order for them to continue living there, she would need a work plan that Adelheid would sign off on as well in order to get the property back into compliance. She believed that Adelheid was in denial of her hoazding situation. In that case, she would tell her that the condemnation would remain in place until she dealt with her situation. In the meantime, they would only be allowed to be in the property from 8 a.m. to 8 p.m. October 18, 2007 Legislative Hearing Minutes 0�'�f��j � Page 5 Ms. Seeley stated that depending upon the inspection and the conditions, she could amend the condemnation with a new vacate date of possibly two weeks to allow time to get the stuff out of the basement. The hearing adjourned at 230 p.m. Submitted by: Vicld Sheffer October 23, 2007 Legislative Hearing Minutes a����3�' Page 6 ll. Appeal of John Stefanyshyn and Adelheid Stefanyshyn to a Condemnation and Order to Vacate property at 98 Garfield Street. (Continued from October 18) Adel, John and Paul Stefanyshyn, appellants, appeared. Ms. Moermond asked Ms. Seeley for a report. Ms. Seeley stated that she inspected the upstairs unit on Monday, October 22. She found that there was no working sink and waste, no stove, an open gas line, and deficient caulking around the bathtub. She found out that this was a single-family dwelling that had been illegally converted to a duplex. Ms. Moermond asked whose names were listed on the title to the property. Ms. Seeley stated that she called the Ramsey County Recorder's O£fice and they had John and Adelheid Stefanyshyn listed as the owners. Adel stated that Paul was now listed as an owner of the property as well. Ms. Seeley responded that when she talked to the Recorder's Office, they indicated that the deed would not be recorded for at least two months so the property recard had not been updated to reflect Paul's ownership interest. Paul presented a Quit Claim Deed to the property dated October 15, 2007, which was drafted by Ken Johnson, indicating that Paul was a quarter owner of the property. John had half ownership and Adel had a quarter ownership in the property as well. Ms. Moerxnond stated that there were problems in the downstairs unit and upstairs unit. Based on the previous hearing, she was aware that there were communication problems between the family members as well. Ms. Wittgenstein stated that there wasn't good communication between Adel and John; Adel and John's girlfriend; Paul and John; Paul and John's girlfriend. She wasn't sure how they could bring Adel's unit into compliance since there wasn't any good communication. There was also a restraining order against Paul. Paul stated that there was a court hearing that morning which was continued to November 16. Ms. Wittgenstein stated that it was her understanding that they had two weeks to bring Adel's unit into compliance in accordance with Ms. Seeley's orders. She stated that she told John and his girlfriend that they could not go through Adel's things without Adel being present and that he couldn't throw things away without her permission. Adel was feeling overwhelmed by her medical issues and she was worried about her legal papers. She was not sure who would take responsibility for going through things and cleaning out the house. There were other siblings in the family; however, she didn't believe they lived in Minnesota. She suggested that perhaps all of the siblings come together to figure out how to handle the situation. She also suggested possibly engaging the family in mediation. She was awaze that Adel did not want John's girlfriend living in the house anymore. There had been talk about John's girlfriend moving to Albuquerque for a job but she believed that opporiunity may have fallen through. Adel wanted to make sure that John has a place to live so that he's not homeless. Ms. Moermond stated that she wanted to hear from the family and asked Adel what she wanted to do. October 23, 2007 Legislative Hearing Minutes ��'��'3p�- Page 7 Adel stated that she wanted Paul to help her as she trusted him. John was nice until his girlfriend moved in and she did not like John's girlfriend. Whenever she needed help, she had to call Paul. She had just recently retired and had told Paul that they could go through her things and clean up the house. She had been in the hospital and was not aware of what had happened between the two brothers. Ms. Moermond asked Adel how her health was. Adel stated that she had respiratory and heart problems, had by-pass surgery, and was on oxygen. She was extremely limited in what she could do. She was currently living with Paul and had wanted to move back home as she had lived there most of her life. She had many things of value in her home. She was at the house recently and found John in her unit using her oven which he had no business doing. John used to be nice but she didn't want him to be homeless. She had told John that the cats had to go as they stunk up the house. She had given John's girlfriend $10,000 so she could buy a caz and his girlfriend said she would pay her back when she had the money. So far, she had not received any money. She had also given John $10,000. Ms. Moermond stated that she wanted to stay focused on the house, the clean up that needed to happen, the repairs that needed to be made, and the interaction between the family members. She understood this was a very emotional issue far the family. She asked Paul what he wanted to see happen. Paul stated that the cats had to be gotten rid of. He understood that his mother had been asking for them to be removed for quite some time and he believed it was the cats that had put her in the hospital. John did not keep a clean litter box upstairs, the cats came downstairs and eliminated wherever they wanted. He believed there was a total of five animals in the house. Adel stated that she had a cat as well which she had euthanized. Paul stated that since the restraining order was filed, he could not go over to the house to do anything. John would promise to do things for their mother and would never follow through. He claimed that John had taken the closet apart back in March and everything in the closet was scattered throughout the house. He had offered to help John fix the closet and claimed that John just yeiled in his face. He also claimed that John would scream in his mother's face as did John's girlfriend. Tainmy Warner, Paul's girlfriend, stated that she tried to stay out of the business of John and Paul and tried to help Adel as much as she possibly could. She was willing to help Paul clean out Adel's house. Paul stated that he believed John was on the wrong track in life and ever since their father passed away, he had not gone to church. Ms. Moermond asked John what he wanted to do. John stated that concerning the house, he would like to come up with a work plan of what needed to be done and address the issues that needed to be taken care of. Concerning his mother's stuff that she wanted to look at to see whether it should be kept or thrown out, would also need to be addressed in the plan. Ms. Moermond asked Ms. Wittgenstein whether she had gone through Adel's home. Ms. Wittgenstein responded that she had not. She asked John whether his girlfriend, Becky would still be living at the house. John responded that she was still in Minnesota as she wasn't sure if the job she was promised in Albuquerque had fallen through. If she doesn't have the job, she will still be living with him. Kay asked that if his mom was there, could he make an arrangement for Becky not to be there. John October 23, 2007 Legislative Hearing Minutes ������ �-- Page 8 responded that he would be willing to make other arrangements far when his mom was there to clean out the house. Adel stated that Becky was supposed to be out but since she had a free place to live, she didn't believe she would ever move out. Paul stated that he had two letters from his mother's doctors indicating that his mom could not be around cats. She needed to be in a clean environment and Becky's four cats and the dog would have to go. Ms. Moermond asked to see the doctors' notes. Ms. Moermond stated there was one letter dated October 5, 2007 from a Dr. Victor Corbit, Allina Hospital and Clinics, which stated "Adelheid could not be around any cats or dogs due to medical reasons and she needed to be in a totally clean environment." The second was a note dated October 22, 2007 from M. Bryant Hearts, M.D. which indicates "the above patient is under my caze and should be given extra time to remove her belongings from her house." Ms. Moermond stated that there were rivo major issues that needed to be dealt with. First, the house was converted to a duplex which was done illegally and the house would need to be converted back into a single-family home. After the clean up was done, the house would be required to convert back to a single-family home. Second, there were also repairs that needed to be made and a substantial clean up needed to be done. The most complicated part of this was that Adel had put half of the property in John's name. She understood that Adel felt that emotionally, the house was hers and that John was living as a freeloader. However, since he owned half of the house, he would not be required to pay rent. Since Adel and Paul owned half of the house together and John owned half, they would have to figure out a way to work together. Kay had suggested that they have a family conference with the other siblings to discuss how to take care of these problems. From what she could see from the photographs, there was more than just a closet that had been empried and she believed there was a problem with hoarding. She had dealt with this in many other situations and it was her opinion that if the house were cleaned out, more stuff would just be accumulated. They needed to decide, as a family, whether they wanted to saue the house and who was going to live there. She predicted that within six months time, the house would deteriorate. The house would need to winterized and it would become a registered vacant building. She warned that in this case, everyone would lose the equity in the house because of it is not being taken care of. Perhaps they could even consider selling the house and splitting up the equity. Whatever decision was made, they needed to decide who was going to live there and under what rules. Adel stated that it was her intention to clean out the house when she retired. She had no idea that het two sons would get into a fight and the police would be called. She didn't want Becky living there. Ms. Moermond stated that since John owned half the house, he could decide who lived there as well. Paul agreed that the house needed to be cleaned out; however, it was all of the cats that made his mother so iil that she had to go into the hospital. Ms. Moermond stated that she agreed that all of the animals and their waste was unhealthy; however, it was not legal to have more than three cats in a house. This was a family decision due to the shazed ownership interest. They would need to talk to decide on the issue of pets. She was unsure whether the family wanted to deal with it through court action or whether they could agree to go to mediation to discuss these issues. She stated that since there were three other children in the family, she was sure they were concerned as well. Adel responded that they were not aware of what was going; they lived October 23, 2007 Legislative Hearing Minutes �����3� Page 9 out-of-state and were busy with their families. Her daughter had told her previously that John needed to live on his own. She wanted to protect John; however, she had to pay for all of the expenses and upkeep of the house. Ms. Moermond asked whether there was anyone in the church they attended who could act as a mediator who everyone would feel comfortable meeting with. She again suggested that the other siblings come to town to participate in a family conference to come to some decisions on how to handle all of the issues. She stated that this was a full blown crisis that needed to be dealt with. She felt that the other siblings would be concerned if they knew what was going on. Paul said that his siblings have repeatedly said that John needs to get a job and that was the problem. Ms. Moermond stated that she understood that; however, John owns half the house. Tammy expressed concern about the cats and their excrement all over the house. Ms. Wittgenstein asked John whether the cats were still there. John responded that one of the cats had been euthanized, another cat had been given away and the other cats were staying with friends. The only animal that he had was a Jack Russell Terrier that was his constant companion. Ms. Moermond asked John whether he was living at the house. John responded that he was not. They were there every day working on the house. Ms. Moermond asked if he would agree to no more cats in the house. John responded that would agree to no more cats. Ms. Seeley stated that when she inspected the house, she did not find any animals in the house. Ms. Wittgenstein asked whether the cats would remain out of the house after they move back in. John stated that the cats would not be returning to the home. Paul again expressed dissatisfaction that he was taking care of the house such as mowing the lawn and shoveling the snow. Since John had half ownership, he should be doing those things. Ms. Moermond stated that she didn't disagree with him; however, Adel had signed over half interest in the house to John. The only way to haue John's ownership interest removed would be for him to sign it over of his own free will; it needed to be purchased from him, or it needed to be court ordered. Ms. Moermond asked what church they went to and if there was a clergy member to contact. Paul responded that they attended St. Stan's and the parish priest was Fr. Clay. Ms. Moermond asked Ms. Wittgenstein if she knew Fr. Clay. Ms. Wittgenstein responded that she did know him, had worked with him before, and she thought he was a wonderful man. Ms. Moermond stated that she wanted to continue the hearing so that mediation could take place. No one was allowed to live in the house and they can only be in the property from 8 a.m. to 8 p.m. Adel asked about the restraining order against Paul. Ms. Moermond asked Officer Wiegel if he had any information on the restraining order. Officer Wiegel stated that he had checked with the court and the restraining order had been rescinded between John and Paul as of Friday. He was unsure as to the status of the order for protection between October 23, 2007 Legislative Hearing Minutes D -�� /13 Page 10 Becky and Paul. Ms. Moermond asked John if he could guarantee that Becky would not be at the property when Adel and Paul were there. John stated that he would agree to the condition that he and Becky would not be there when his mom and Paul were there. Ms. Moermond stated that John would have to give four days notice to his mom and Paul whenever Becky was going to be there. John stated that he had great concern about his safety and did not want to be anywhere near his brother, Paul. He couldn't understand why the restraining order was dismissed; however, he had new evidence and planned to file another restraining order against Paul. Ms. Moermond suggested that Adel could be at the house on the even numbered days and John could be there on the odd numbered days. She stated that Becky could not be there with Jolui unless he gave four days notice to his mother. Paul stated that he had concern that John was throwing stuff out including things that were his. He stated that he feared for his safety from his brother John as well. Ms. Moermond asked if there was a way that they could come to an agreement not to throw anything away without agreeing what can be tossed. She asked if there was a place where they could set things to be looked at by Adel ar John. Ms. Seeley stated that the garage was fairly full of stuff and it was her suggestion that they get a POD as they had a fairly large driveway. Ms. Moermond suggested that they write notes on items or use colored masking tape to identify which items needed to be looked at for saving or tossing. She wanted to check with Fr. Clay to see if he would convene a family meeting. She asked if they would agree to have the out-of-state siblings participate. Paul stated that one sibling lived in Europe, another was in Texas, and the other one was in California. They had all indicated that they would love to come to visit; however, they would not come because of the condition of the house. He didn't believe it was a realistic expectation. Ms. Moermond stated that she read the police report and it was her opiuion that they should be ashamed of themselves. A criminal tag for disorderly conduct had been issued against John; there were restraining orders; the house was condemned; the house was an illegal duplex; mom was just out of the hospital. She couldn't believe that they couldn't understand that their family was in crisis. They had been in court several times already and now they plan to go back to court again. They needed to call in all of the resources that they had which were their siblings and their church. Ms. Moermond reiterated her conditions: Adel and Paul could be in the house on even numbered days; John could be there on odd numbered days; John would be required to give a four-day notice if Becky were going to be there on an odd numbered day; there couid be no cats in the house; no one can make any food or eat there, no one can sleep there; they could be there from 8 a.m. to 8 p.m. She would call Fr. Clay to see if he would agree to mediate the family issues. Paul asked if these conditions would override the restraining order. Ms. Moermond responded that it was her understanding from Officer Wiegel that the restraining had been rescinded. October 23, 2007 Legislative Hearing Minutes �7��/�j �-- Page 11 Officer Wiegel responded that there was still the resiraining order that Becky had against Paul. Ms. Moermond asked Officer Wiegel to read the restraining order for an opinion. The hearing was recessed from 12:30 p.m. to 1:00 p.m. Ms. Moermond stated that she le8 a message at St. Stan's for Fr. Clay and she hoped to hear back from him today. Although there wasn't any order for protection or restraining order beriveen John and Paul, it was her understanding the John wanted to obtain another restraining order. She stated that Officer Wiegel checked with the Courts concerning the hazassment order between Becky Wegner and Paul. Since the court hearing that morning, Paul could not be within one block of the property until the matter was heard again on November 16. It was her understanding that Paul lived within one block of the property which she felt was unusual to have it stated in the order. She left a message with the Referee to explain to him what was going on in this situation. Since the restraining order between Becky and Paul was still in effect, she asked whether Tauuny would be available to go to the property with Adel and go tkirough some of her possessions. Paul expressed concern that Tammy would not be able to do any heavy lifting due to back problems. Tamrny stated that she would agree to help Adel. Adel asked why Paul couldn't help her. Ms. Moermond stated that since the restraining order was still in affect, she didn't want to jeopardize Paul being at the property. If the Referee changed his order, it could be possible for Paul to help Adel. Ms. Moermond stated tl�at considering the amount of items that needed to be gone through and the repairs that needed to be made, she believed that they were looking at a minimum of six to eight weeks before they could move back into the house. She believed that they were looking at a longer amount of time though. T2mmy stated that Paul had done a lot of work for Adel; far example he put in a bathroom for her downstairs, he put in a dishwasher for her, and he built the garage. Ms. Moermond stated that concerning the mediation, she had asked Kay Wittgenstein to attend wiEh the family to assure that they understood the condemnation process. Ms. Wittgenstein stated that she would make sure that they understood the housing code as Fr. Clay would have no lrnowledge of it. She asked if everyone had keys to get into the separate areas of the house. John stated that his keys had mysteriously disappeared the previous night following Tammy and Adel stopping by the house. Since he could not find his keys, he was putting new locks on the house. Ms. Moermond asked if John could supply a set of keys to Adel. Paul stated that John continuously lost his keys and since his mother couldn't get into the house to get her insulin, he had a friend break a basement window and go in to get her insulin for her. Ms. Moermond stated that since they couldn't even agree on providing keys, she was unsure how they would be abie to clean out the house on even or odd days. John stated that he would provide a new set of keys for his mother. Ms. Moermond asked that he provide them by 8 p.m. that night. Ms. Wittgenstein asked whether they were going to discuss obtaining PODS and dumpsters to clean out the house when they aze there every other day. She believed they needed to discuss what the plan � October 23, 2007 Legislative Hearing Minutes b����� �" Page 12 would be. She believed this situarion was very sad for outsiders to see this family deteriorating even in the process of this hearing. If they were actually going to get the house cleaned out, they would need to discuss obtaining a POD to put things in to look at in the future. They would also need to get a dumpster to throw things away. She was concemed that since there was so much animosity, she didn't trust that things wouldn't be thrown out that would affect each other. She generally explained to others in this type of situation, that things sometimes mistakenly got thrown out and that it didn't happen intentionally. In this situation, she didn't trust anyone in this family for that not to happen. She believed that Adel was possibly a vulnerable adult and that adult protection should be involved to preserve her rights. Ms. Seeley stated that it was her opuuon that they obtain two PODS and a dumpster to get things out of the house. Once the house was cleaned out they could fix the ceilings, fix the electrical problems, and Adel could then move back home. Ms. Moermond stated that she was continuing the hearing to October 30 at 10:00 am. She was hopeful that they would be able to meet with Fr. Clay before the next hearing and that he could work through what needed to be done as far as cleaning out the house. She again suggested they call the siblings in for a family meeting. If Fr. Clay were not able to mediate for the family, they would discuss it at the hearing on the following Tuesday. In the meantime, she would talk to Fr. Clay and talk to Referee Williams. Ms. Moermond reiterated her recommendation so that everyone was clear on her orders. The hearing was continued to October 30, 2007 at 10:00 am.