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07-856Council File # � "'8 (/i Green Sheet # r 3 � Presented by RESOLUTION OF SAINT PAUL, MINNESOTA /� 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 2 September 4, 2007 decision of the Legislative Hearing Officer on Appeals of Letters, Correction Norices 3 and Conection Orders for the following addresses: 4 5 Pronertv Ap ep aled Anpellant 6 7 1077 Lawson Street East Cassandra Netzke, SMRI.S 8 on behalf of Veronica Martinez 9 Decision: Withdrawn 10 11 1771 Dayton Avenue Jeffrey Onen 12 Decision: Grant a one year extension to repair and paint the kitchen walls in the upper unit 13 14 60 Hawthorne Avenue East Fred Gibson 15 Decision: Withdrawn 16 17 800 Robert Street South Gary Torgerson 18 Decision: Deny the appeal on the Vacant Building Registration Notice and Vacant Building Registration 19 Fee 20 21 66� Sims Avenue Florence Oparoacha 22 Decision: Deny the appeal on the Code Compliance Inspection Report and Vacant Building status 23 Benanav BosRom ✓ Absent Requested by Deparhnent of: � Thune ✓ Adopted by Council: Date _ 9 ✓ Adoprion Certifie y Co �il Secretary � Sy: � Appro by yo Date '� —� 7 By: �����,�.cs2G� � Form Approved by City Attorney B Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 0�-g5lv co -��� Contect Person & Phone: Marcia Mcertnond 6-8570 Must Be on Council qqen Doc. Type: RESOLU'fION E-Document Required: Y Document Contacf: Vcki Contact Phone: 6-8561 OSSEP-07 � Assign Number For Rout7ng Order ToWI # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3043614 0 Cooncil 1 �Councii 4 Depart+¢entDirector I 2 Clerk Lti Clerk 3 � 4 5 Resolurion approving the 5eptember 4, 2007 decisions of the Legislative Hearing Officer on Appeals of Letters, Coaecrion Notices and Letters of Deficiency for properties at 1077 Lawson Street East, 1771 Dayton Avenue, 60 Hawthome Avenue East, 800 Robert Street South and 667 Sims Avenue. idatrons: Approve (A) or Ke�ect (K}: Persona! 5ervice Contracts Must Answer the Folfowing Questions: Planning Commission 1. Has this person/firm ever worked under a contrect forthis department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a city empfoyee? Yes No 3. Does this persoNfirm possess a skill rwt normally possessed by any curzent city employee? Yes No Esplain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges IfApproved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (F�cplain) Activity Number. CostlRevenue Budgeted: September 13, 2007 3:45 PM Page 1 a�-�� MINUTES OF THE LEGISLATIVE HEARING ON LETTERS OF DEFICIENCY, CORRECTION NOTICES, APPEAL OF LETTERS AND CORRECTION ORDERS Tuesday, September 4, 2007 Room 330 City Hall, 15 Keliogg Blvd. West Marcia Moermond, Legislative Hearing Officer The heariug was called to order at 1:30 p.m. Staff Present: Leanna Shaff, Department of Safety and Inspections (DSI) DSI-Fire Prevention and Steve Magner, DSI-Code Enforcement Appeal of Cassandra Netake, SM[Zi,S, on behalf of Veronica Martinez, to a Certificate of Occupancy Revocation for property at 1077 Lawson Avenue East. Ms. Moermond stated that Perry deStefano, SMRLS, had contacted her indicating the appeal had been withdrawn as the tenants had moved out. 2. Appeal of 7effrey Orren to a Certificate of Occupancy Deficiency List for property at 1771 Davton Avenue. Ms. Shaff stated that the property was a duplex and was inspected on July 23. According to the appeal that was filed, the property owner was appealing the requirement to repair and paint the kitchen walls in the upper unit. It was the inspector's opinion that the walls were in rough condition and needed repair and painting. Jeffrey Orren, property owner, stated that he had completed most of the items on the deficiency list. One of the items that he had not yet done was to install a GFCI outlet in the bathroom as the electrician he had contacted had not gotten back to him yet. Concerning the kitchen walls in the upstairs unit, he had contacted the tenants on repairing and painting the walls and they did not respond to his phone calls or the notes that he had left for them. He was guessing that the tenants did not wish to have the walls repaired or painted. It was his opinion that the walls were not in that bad a condition. He explained that the rental agreement he had with his tenants stated that he would provide the paint and the materials to paint however, the tenant was responsible for the cost of labor. He stated that it was his preference to wait to repair and paint the walls once the tenants moved out of the unit. Ms. Moermond asked whether he lived at the properiy. Mr. Orren responded that he previously lived in the downstairs unit and rented out the upstairs unit. He had moved out approximately four years ago and was renting out both units. Ms. Moermond asked Ms. Shaff what category this building fell under. Ms. Shaff responded that this building was rated a"C" category. Ms. Moermond recommended granting an extension far one year to repair and paint the kitchen walls in Che upper unit. September 4, 2007 Property Code Minutes Page 2 07 g�� 3. Appeal of Fred Gibson to a Certificate of Occupancy Deficiency List for property at 60 Hawthorne Avenue East. The appeal was withdrawn by the propetty owner. Appeal of Gary Torgerson to a Vacant Building Registration Notice for property at 800 Robert Street South. Mr. Magner stated that this was an appeal on the vacant buiiding status and the owners of record were listed as Nathan and Gary Torgerson in Rush City, Minnesota. According to the appeal form, this was for the properiy being a vacant building and boazded. Mr. Magner stated that this was a refenai from the Certificate of Occupancy Program on July 31, 2007. The inspector inspected the property on August 6, 2007 and found the building to be unoccupied; open through the gazage; open eves; boarded; the electrical meter was yellow tagged off; the meter box was tampered; and the garage ceiling was falling in. Photos were taken and the building was placarded both in the front and the rear of the property. The vacant building registration notice was mailed on August 8, 2007 after the inspection. Mr. Magner presented the photos taken by the inspector which clearly indicated that the building was boarded; the garage ceiling, which was attached to the dwelling, was collapsing. Ms. Moermond asked whether a certificate of code compliance would be necessary before the building could be re-occupied. Mr. Magner stated this was correct which determination was based on the fact that there were many items on the deficiency list provided by the Certificate of Occupancy Program. Mr. Magner stated that Chapter 43 of the St. Paul Legislative Code clearly states that a registered vacant building was one of the following definitions: the building was unoccupied; ]t was open to illegal trespass; it was secured by other than normal means; it was boarded; it had multiple code violations; and the certificate of occupancy was revoked. It was his opinion that the building maintained a status of a vacant building category II which would require a code compliance inspection before a certificate of occupancy would be issued or allowing the occupancy of the building by the owner. The property owner did not appear. Ms. Moermond recommended denying the appeal on the Vacant Building Registration and Vacant Building Registration Fee. A neighbor appeared, who wished to remain anonymous, expressing her frustration over the appearance of the property and stated it was her desire to see the building demolished. The hearing recessed at 1:45 p.m. to 3:00 p.m.: September 4, 2007 Property Code Minutes Page 3 D?-g�Cv Appeal of Florence Opazaocha to a Code Compliance Inspection Report for property at 667 Sims Avenue Mr. Magner stated Fire Prevention revoked the certificate of occupancy for the building based on the number of code violations that were discovered during inspections. In March 2007, the property was converted from the rental registration program to the Certificate of Occupancy Program. At that time, the property owner was given a provisional Certificate of Occupancy which would have been good for two years unless there was a complaint against the property. On Apri15, 2007, a complaint was received of roaches in one of the units which triggered an automatic inspection. The inspector, Lisa MarCin, inspected the property on Apri16, issued a deficiency list with a re-inspection date of Apri111. When the inspector re-inspected the property on April 11, she issued a new deficiency list with a re-inspection date of May 16. Mr. Magner noted that there was also a summary abatement order issued on April 16 to remove trash, debris, househoid items, and a water heater which went to a work order having the City clean up the property. When the inspector went to re-inspect the property on May 16, she found the building was vacant and she referred this matter to the vacant building program. Based on the multiple housing code violations as noted in the deficiency lists that were previously issued, a category II vacant building folder was opened regarding this property. Mr. Magner stated that this was a registered vacant building and the building would need to have the code compliance inspection si�ed off on as being in compliance before the property could be re-occupied. Florence Oparaocha, property owner, stated that she had purchased the property in August, 2005 and there were tenanYs living in the upstairs unit of the building at that time. When the upstairs tenant moved out, she leased the upstairs and downstairs units to new tenants. Per the terms of the lease, the tenants were supposed to pay far garbage service, electric and gas; however, they did not pay any of these bills and then refused to pay their rent. When she attempted to evict the tenants, they refused to leave and trashed the entire house. She claimed that one of the tenants blew out the pilot light on the fiunace in the basement and then called the City complaining that there was no heat in the building. She also stated that the tenant had removed the water heater from the building and left it for h which was then removed by the City. She had a code compliance inspection done on August 23 and was requesting that her maintenance person, who had already made many of the repairs, be allowed to live in the building to continue fixing up the building to be rented out again. She stated that she was tcvo months behind in her mortgage payments and was fearfixl that the house would go into foreclosure. Ms. Moermond stated that since the certificate of occupancy had been revoked, an appeal on the revocation should have been filed at that time. A code compliance certificate would need to be issued indicating that ali of the repairs were up to code before the building could be re-occupied. Ms. Moermond recommended denying the appeal. The hearing adjourned at 3:35 pm. Submitted by: Vicld Sheffer