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07-976Council File # d � -97(0 Green Sheet # �(j�y"�{� RESOLUTION �� F ,SAINT PAUL, MINNESOTA Presented by 1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heazd at public hearing on October 3, 2007 hereby memorializes its decision 3 to certify and approve the September 18, 2007 decision of the Legislative Hearing Officer for the following 4 address: 5 6 ADDRESS APELLANT 7 8 891 Geranium Avenue 9 10 Decision: Appeal denied Patrick Cunningham Requested by Deparhnent of: � Form Approved by Ciry Attorney By: Adoption Certified by Council Secretary By: , Approve y M r: Date �� p 7 By: Form Approved by Mayor for Submission to Council � Adopted by Council: Date //�/7��/fp � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � ��7� co ��� ConWct Person 8 Phone: Marcia Mcertnond 6-8564 Must Be on Council A9en Doc. Type: RESOLUTION E-DOCUment Required: Y Document Contact: Mai Vang Contact Phone: os-ocr-o� � Assign Number For Routing Order ToWt # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3044791 0 Councd I � 1 Comcil I DeoazmientDirector 2 'City Cterk I Ciri Cferk 3 I a I I s Resolution memorializing the decision of the City Council at the October 3, 2007 Ciry Council Public Hearing to deny the appeal for property at 891 Geranium Avenue per the recommendation of the Legislative Hearing Officer. iaatwns: Approve (A} or Ke}ect (R): Personal Service Contracts Must A�wer the Following puestions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No 6cplain all yes answers on separete sheet and attach to green sheet Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvantageslfApproved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) Activity Number: Cost/Revenue Budgeted: October 1'I, 2007 9:08 AM Page 1 �� e ;� ;y ?e �ii r€ ¢ September 11, 2007 Patrick Cunningham 3865 97 Lane NE SVaine, MN 55014-2520 CITY OF SAINT PAUL CITY CLERK'S OFFICE RE: appeal for 891 Geranium Ave E Dear Mr. Cunningham: Your application for an appeal has been received and processed. D ��� � � Please attend the public hearing before the Legislative Hearing Officer on Tuesday, September 18, 2007 at 11:00 a.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 relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, .-��`'�''� ��� Shari Moore City Clerk cc. Phil Owens, DSI (Fire) Leanna Shaff, DSI (Fire) Mike Urmann, DSl (Fire) Marcia Moermond, Legislative Hearing Officer 15 WEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUI, MINNESOTA55102 Te1:651-2668688 Fax:651-266-8574 wwwslpauLgov AA-ADA-EEO Employer o �-�7/� SF '� y� o ���� F� APPLICATION FOR APPEAL Saint Paul City Clerk 1� W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota 55102 Telephone: (651) 266-8688 1. Address of Property being Appealed: 2. I3umber of Dwelling Uniu: 3. Date of I.etter Appealed: O� l b�-r 'rv��rn r� � lG � 4. Name of Owner: rA I�� G� � t�l� T�/T� `�s'I 1 t�� Address:� s�J I� ��1'�1c-�City: � � NG State: 1 t Zip:S�� ! Phone Nu b s: Bu iness esidence / 03" "� Cellulaz 76.3- 3 �a?/5 Signature: 5. Appellant / Applicant (if other than owner): City: Phone Numbers: Business Residence Cellulaz 6 State specifically what is being appealed and why (Use an attachment if necessazy}: ��- '[e-�-�,N� f liti' � 7v � � U �'v7 t� �NG ���iU3� �n c i n NOTE: A�25.00 filing fee made payable to the City of Saint Paul must accompany this application as a necessary condition for filing. You must attach a copy of the original orders and any other correspondence relative to this appeal. Any person unsausfied by the final decision of the City Counci] may obtain judicial review by timely filing of an action as provided by law in Dishict Court. For Office Use Only Date Received: Fee Received: Receipt Number: Date of Hearing: ° � `cn� �� I � 4 DEPARTMENT OF SAFETY AND INSPECTIONS Robert Kessler, Direcior CTTY OF SAINT PAUL Chrislopher B. Coleman. Mayar 8 E Fourth Stseet, Suite?00 Telephone: 651-166-9090 Saint P¢ul, MIJ55/01 AUGUST 28, 2007 PATI2ICK G CL1�TI�TINGHAM 3865 97TH LANE NE BLAINE MN 55014-2520 891 GERANIUM AVE E Ref. # 105093 Deaz Properiy Representarive: Your building was inspected on September 7, 2007. The building was found to be unsafe, unfit for human habitation, a public musance, a hazard to the public welfaze or otherwise dangerous to human life. A Condemnation Placard has been posted on the building. The followmg deficiency list must be completed immediately or the building vacated. A reinspection will be made on SEPTEMBER 7, 2007 CONDEMNATION OF THE BUII,DING REVOKES THE FTRE CERTIFICATE OF OCCUPANCY. Failure to complete the corrections may result in a criminal citation. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. DEFICIENCY LIST BASEMENT - SPLC 34.10 (5), 34.33 (4}, 34.16 - Provide and maintain interior in a clean and sanitary condition. 2. BASEMENT - SPLC 34.10 (1) - Abate and maintain the basement reasonably free from dampness and free of mold and mildew. � 3. Bedroom - SPLC 34.13 (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the sieeping rooms to: 2-Southside front bedroom 118 Sq. Ft. Approx has three people. � 4. Downstairs - MN Stat 299F.18 - Immediately remove and discontinue excessive accumulation of combushble materials.-Remove charcoal lighter fluid from Kitchen 5. Downstairs - SPLC 34.13 (4) - Pro��ide and maintain an approved escape window from each sleeping room. The xninimum size must be 5.7 square feet of glazed area with a minimum of 24 inches of openable height and 20 inches of openable width. Refer to provide handout EW-1 for more information. 6. Downstairs and UPSTAIRS KITCHEN - SPLC 34.10 (7), 3433 (6) - Repair and maintain the ceiling in an approved manner.-Repair or replace the damaged or deteriorated ceiling. Paint the ceiling. Patch the holes ancUar cracks in the ceiling. �r HOUSE - MSFC 605.6 - Provide electrical cover plates to all outlets, switches and junction boxes where missing. � 0�-9710 � 8. HOUSE - MSFC 605.1 - Repair or replace damaged electrical fixtures. Th1s work may require a pernnt(s). Call LIEP at (651) 266-9090. � 9. AOUSE - MSFC 605.5 - Discontmue use of extension cords used in lieu of permanent wiring.-V ARIOtiS LOCATINS 10. HOUSE - SPLC 34.09 (1) b,c, 3432 (1) b,c - Provide and maintain all exterior walls free from holes and deteriorahon. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint. � 11. HOUSE - MSFC 6051- All light fixtures shall be maintained with protecrive globes if originally equipped. 12. HOUSE - SPLC 34.10 (3), 3433(2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire lena h of the stair. 13. HOUSE - MN Stat. 299F.362 - Immediately provide and maintain a smoke detector located outside each sleeping area. 14. Rear stairwell - SPLC 34.09 (2) 3432 (2) - Provide an approved guardrail with intermediate balush or rails 4 inches or iess apart. This work may require a pernZit(s). Call LIEP at (651) 266-9090. 15. Rear stairwell - SPLC 34.09 (2), 3432(2) - Repair or replace the unsafe stairways, porch, decics or railings in an approved manner. This work may require a pernut(s). Call LIEP at (651) 266-9090. 16. UPSTAIRS - SPLC 34.10 (4), 3433 (3) - Provide a bathroom floor impervious to water.-BATHROOM 17. Upstairs - MSFC 605.1 - Remove unapproved exposed wiring and install in accordance with the electrical code. This wark may require a pernut(s). Call LIEP at (651) 266-9090. � 18. Upstairs Entry Door - MSFC 703 - Provide, repair or replace the fire rated door and assembly. The minimum rating must be: lhour-Repair and maintain the door frame. Repair and maintain the door latch. � 19. Upstairs Rear Entry Door - MSFC 703 - Provide, repair or replace the fire rated door and assembly. The minimum ratmg must be:-Repair and maintain the door frame. Repair and maintain the door latch. 20. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and rehun it to this office. 21. Provide the inspector wrth a completed and signed Residential Occupancy Affidavrt. You have the right to appeal these orders to the Legislative Heazing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 310, (651-266-8688), and must be filed within 10 days of the date of the onginal orders. If you have any questions, you may contact me at 651-228-6233. Sincerely, James Thomas Fire Inspector Re£ # 10�093 cc: Force Unit cc: District Council September 18, 2007 Legislative Hearing Minutes a 7'97 �Q Page 4 3. Appeal of Patrick Cuuuiugham to a Certificate of Occupancy, which includes Condemnation, for properiy at 891 Geranium Avenue East. Patrick Cunningham, properiy owner, appeazed. Ms. Shaff stated that she had talked to the owner prior to the beginning of the hearing and they had come to an agreement. Mr. Cunningham told her that the tenants had now moved out of the property and she explained to tiim that the items on the deficiency list were his responsibility to repair. He was requesting 60 to 90 days to complete the repairs which time she was willing to grant. She recommended that the condemnation be li8ed on the property. Mr. Cumiingham stated that he understood the work that needed to be done and it was his intention to now seil the property. No action required by the Legislative Hearing Officer as the DSI-Fire Prevention recommended lifting the condemnation.