08-1024Green Sheet # 3055637
AUL, MINNESOTA �P
Presented by
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WHEREAS, Department of Safety and Inspections has requested the City Council to
hold public hearings to consider the advisability and necessity of ordering the repair or wrecking
and removal of a one story, wood frame, single family dwelling and its detached, single sta11,
wood frame garage located on property hereinafter referred to as the "Subject Property" and
commonly known as 1863 MONTANA AVENUE EAST. This property is legally described as
follows, to wit:
HAYDEN HEIGHTS LOT 57 BLK 1
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Deparhnent of Safety and Inspections on or before March 13, 2008, the
following are the now known interested or responsible parties for the Subject Property: Leray R
Smittu 3317 Hampshire Ave N, Golden Valley, MN 55427; District 2 Community Council.
WHEREAS, Deparhnent of Safety and Inspections has served in accardance with the
provisions of Chapter 45 of the Saint Paui Legislative Code an order identified as an "Order to
Abate Nuisance Building(s)" dated May 14, 2008; and
WHEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair
or demolish the structure located on the Subject Property by June 13, 2008; and
WI�REAS, the enforcement officer has posted a placard on the Subject Property
declaring this building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Department of Safety
and Inspections requested that the City Clerk schedule public hearings before the Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul
City Councii on Tuesday, August 12, 2008 to hear tesrimony and evidence, and after receiving
testimony and evidence, made the recommendation to approve the request to order the interested
or responsible parties to make the Subject Property safe and not detrimental to the public peace,
-- _ . _---___.-_---.__^ ----- ----- ,___.__. _
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this structure in accordance with all applicable codes and ordinances, or in the alternative by
demolishing and removing the structure in accordance with all applicable codes and ordinances.
The rehabilitation or demolition of the structure to be completed within Tifteen (15) days after
the date of the Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
September 10, 200& and the testimony and evidence including the action taken by the
Legislative Hearing Officer was considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and
Order concerning the Subject Property at 1863 MONTANA AVENUE EAST.
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2. That the costs of demolition and removal of this building(s) is estimated to exceed
five thousand dollars ($5,000.00).
That there now exists and has existed multiple Housing or Building code
violations at the Subject Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then known
responsible parties to correct the deficiencies or to demolish and remove the
building(s).
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That the deficiencies causing this nuisance condition have not been corrected.
That Deparhnent of Safety and Inspections has posted a placard on the Subject
Property which declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Department of Safety and
Inspections, VacantfNuisance Buildings.
That the lrnown interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Subject Property
safe and not detrimental to the public peace, health, safety and welfare and remove its
biighting influence on the community by rehabilitating this structure and correcting all
deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in
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an�moving the sriucture in accordance with all applicable codes and ordinances. The
rehabilitation or demolition and removal of the structure must be completed within
fdteen (iS7 days after the date of the Council Hearing.
2. If the above canective action is not completed within this period of tune Department of
Safety and Inspecrions is hereby authorized to take whatever steps are necessary to
demolish and remove this shucture, fill the site and chazge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 45 of the Saint Pau1 Legislative
Code.
In the event the building is to be demolished and removed by the City of Saint Paul, all
pezsonal property or fixtures of any kind which interfere with the demolition and removal
shall be removed from the property by the responsible parties by the end of this time
period. If all personai properiy is not removed, it shall be considered to be abandoned
and the City of Saint Paul shall remove and dispose of such property as provided by law.
4. It is further ordered, that a copy of this resolution be mailed to the owners and interested
parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
Requested by Department of:
Safety and Tnspechons
Code Enforcement / Vacant Buildings
By:
Adoption Certified by Council 5ecretary
B � i
Approved aa�or: Date U
�Y' ��
Form Approved by Ciry Attomey
By:
Form Approved by Mayor for Submission to Council
B
Adopted by Council: Date �Jlj� GJ f�
_- --- ---
- _ �_� - --
- ---
Sheet Green Sheet Green Sheef Green Sheet Green Sheet Green
s� � orsasrn & ��r�ons I �z-�unt-0s
Contact Pesson & Pho�:
Bob Kessier
26&9013
Must ae on
70-SEP-0B
Ooc. Type: RESOLUTION
E-Oocurtrent Required: N
Oocument CoMact:
CoMact Pho�:
�
Assign
Number
For
Routing
Order
ToWI # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3055637
0 L of Safe & Ios ons
1 e k of Safe & Ins c[ions De artment DireMOr
2 'ryAttorne
3 voCS Offim MaVOr/Assistant
4 ooncl
5 i Clerk Ci Clerk
Hcxwn rtequesaea:
City Council to pass this resolution which will order the owner(s) to remove or repair the referanced building(s). If the oumec a� s[o
comply with the resolution, the Deparhnent of Safety and Inspections is ordered to remove the building. The subject psoperty is
located at 1863 MONTANA AVE E.
Planning Commission
CIB Committee
Civi! Service Gommission
1. Has this persoNfittn ever worked under a conhact for this department�
Yes No
2. Has this person/firm ever been a ciry employee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
T'his building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legisiative Code. The owners, intarested parties and responsible parcies �own to the Enfoicement Officer were given an ordec to
repair or remove the buiiding at 1863 MONTANA AVE E by June 13, 2008, and have failed to comply with those orders.
Advantages If Approved:
The City will eliminate a nuisance.
UisadvantageslfApprovetl:
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properiy, collected as a special
assessment against the property taxes.
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
Disadvantages If Not Approved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the communiry.
rotai Amount or CosURevenue Budgeted:
Transaction:
Funding source: Nuisance Housing Abatement A����tY Number: 001-00257
Financial Informaiion:
(Ezplafn)
June 30, 2008 10:46 AM Page 1
,I � I
1863 Montana Avenue East
Legislative Hearing — Tuesday, AugusY 12, 2008
City Council — Wednesday, September 10, 2008
The building is a one-sYpry, wood frame, single-family dwelling wiYh a detached one-stall
garage, on a lot of 5,227 square feet.
According to our files, it has been a vacant building since October 30, 2007.
The current property owner is Leroy Smithrud, per AMANDA and Ramsey county property
records.
The City of St. Paul has boazded this building to secure it from trespass.
There have been two (2) SUMMARY ABATEMENT NOTICES since 2007.
There has been one (1) WORK ORDER issued for:
- Removal of tall grass and weeds
On May 6, 2008, an inspection of the buiiding was conducted, a list of deficiencies which
constitute a nuisance condition was developed and photographs were taken. An ORDER TO
ABATE A NUISANCE BUTLDING was posted on May 14, 2008 with a compliance date of
June 13, 2008. As of this date this property remains in a condition which comprises a nuisance as
defined by the legislative code.
The Vacant Building registration fees are delinquent in the amount of $1,000.00.
TaYation has placed an estimated mazket value of $48,204 on the land and $87,500 on the
building.
As of August 11, 2008, a Code Compliance inspection has not been completed.
As of August 11, 2008, the $5,000.00 performance bond has not been posted.
Real Bstate tases aze current.
Code Enforcement Officers estimate the cost to repair this structure is $30,000-$40,000. The
estimated cost to Demolish is $7 to $10,380.
NHPI, Division of Code Enforcement Resolution submitted for consideration orders the property
owner to repair or remove this structure within fifteen (15) days, if not the resolation authorizes
the Division of Code Enforcement to demolish and assess the costs to the property.
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CTTY OF SAINT PAUL
ChristopnerB. Ca/eman. Mmor
3une 24, 20d8
1\OTICE OF
Council President and
Membars of the City Council
Department of Safety and Inspeckions, Vacant/Nu
requested the City Council schedu3e public hearin
or removal of the nuisance building(s)located at:
1863 MONT
The City Council has scheduled the date of these
Legislative Hearing— 1�i
City Council Hearing —
The ou+ners and responsible parkies of record
Name and Last Known Adclress
Leroy R Smithrud
3317 Hampshire Ave N
Golden Valley MN 55427-2250
Distzict 2 Cammunity Councii
info o disirict2council.ore
Nuisance BuiTding Enforcement
! 600 Yi'hite Bear Rve .N
Saint Paul, eL1N 55106
HEARiNGS
Tel: (6SI) 266-1900
Faz: (651) 266-t 926
nce Buildings Enforcement Division has
to consider a resolution ordering the repair
A AVE E
arings as follows:
C1Ay, wUgltSt 1i, Z(i08
sday, September 10, 2008
InteresY
Fee Owner
District Council Contact
Emp3oyer
�
1863 M(JNT
page 2
The legal description of this property is:
HAYDEIQ HEIGHTS LOT 57 BLK 1
The Department of Safety and Inspections has de
as defined by Legislative Code, Chapter 45. The
issued an order to the then lmown responsible pa
correcting the deficiencies or by razing and remo
The property was re-inspeeted on dune 13, 2008.
condirion remains unabated, the community conti
property. It is the recommendation of the Depart:
Council pass a resolution ordering the responsibl�
remove this building in a timely manner, and fail'.
Tnspections to proceed to demolition and removal
real estate as a speciai assessment to be collected
Sincerely,
Steve Magner
Steve Magner
Vacant Buildings Manager
Department of Safety and Inspections
SM:nm
cc: Chad 5taui, City Attorneys Office
Mary Erickson, Assistant Secretary to the
Cindy Cazlson, PEA-Housing Division
Nancy I Invest St. Paul
l�istrict Council — Community Organizer
pubhrngbOtA3 3108
rx� ��aY
;d this building(s) to consritute a"nuisance"
�artment of Safety and Inspections has
to eliminate this nuisance condirion by
this building(s).
7tere was no compiiance and the nuisance
ues to suffer the blighting influence of fhis
:ent of Safety and Inspections that the Ciry
parties to either repair, or demolish and
g that, authorize the Deparhnent of SafeTy and
and to assess the costs incnrred against the
i the same manner as taxes.
Praperty Look Up Information - Shucture Description
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Property Look Up Information - Structure
Description
Home � � Infarmation � � Prooert�Look Up � � Record Look U� I I Contact Us
New Pro�ert�Search
Back [o Sea__rch_ Resuits
Qt�ic,f� S�fo
Froperty. in�orm ation
Taxpa��er tyam� and
Address
VaVue I nfiormaYson
Va4ue Nistory
Structure Description
5ale inferc�taCion
_Special Assessrnents
Pre�erty Yax Payment
Snfarm_at��n_
Property Tax_Pay_ment
Histery
> Structure Description
Property Identification
Number (PIN)
Property Address
23.29.22.23.0034
1863 Montana Ave E
St. Paul 55119-4213
Residential Property:
Year Built 1924
# of Stories 1.00
Style One Story
Exterior Wall Aluminum/vinyl
Total Rooms 4
Totaf Family Rooms 0
Total6edrooms 2
Full Baths 1
Half Baths 0
Attic Type
Finished SQ Feet 666
Foundation Size 666
Basement Area Finished
Finished Rec Area
Curre�zt Property 7ax
Statemer�t,rVa{ue Notice
2C07 Pro�esty Tax
S�ateme�Vaiue tvotice
2066_ i?ro�iert_y_Tax
Sta_tement(Vaiue Notice
2Gd5 Property Tax
StatementlValue fVotice
Garage Type
Area (sq.ft.)
Parcel Size .12 Acres
Parcel Width 40.0� Feet
Parcel Depth SZ7.00 Feet
Land Use Code 510
Land Use Description R- Single Family Dwelling,
Platted Lot
http://rrinfo.co.ramsey.mn.us)publicicharacteristic/Parcel.pasp?scrn=Dwelling&pin=232922... 816f2008
---- —- -- DEPARTMENT OF SAFETY AND INSPECTIONS
- Dick Lipperi, ManaRer of Code Enforcement __
ChristopherB. Coleman, Mayor
May 14, 2008
Leroy R Smithrud
3317 Hampshire Ave N
Golden Valley MN 55427-2250
1600 YVhite BearAve N
Saint Pau� ?vN 55106
www.stpaul.gov
Order to Abate Nuisance Building(s)
Dear : Leroy R Smithrud
Tei: (651) 266-1900
Faz: (651) 266-1926
The VacantlNuisance Buildings Unit, Department of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
1863 MONTANA AVE E
and legally described as follows, to wit:
HAYDEN HEIGHTS LO`T 57 BLK 1
to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter
45.02, and subject to demolition under authority of Chapter 45.11.
On May 06, 2008, a Building Deficiency Inspection Report was compiled and the following
conditions were observed.
This list of deficiencies is not necessarily all the de£iciencies present at this time.
As first remedial action, a Code Compliance Tnspecrion must be obtained from
tlke Building Inspection and Design Section, 8 Fourth Street East, Suite 200,
Commerce Building (651}266-9040. That inspection will identify specific defects,
necessary repairs and legal requirements to correct this nuisance condition. You
may also be required to post a five thousand dollar ($5,000.00) performance
bond with the Suilding Inspection and Design Office before any permits are
issued, except for a demolition permit.
This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03
and shall not again be used for occupancy unril such time as a Certificate of
Compliance or a Certificate of Occupancy has been issued.
AA-ADA-EBO Employer
May 14, 2 08_ -------------_----
---`-- — I8b3MONTANAAVEE O��I�
page 2
_ _--__�lrisisa-a��y,!�--�:-��-�ii�gan et�c e, sing e sta ,
---- �--- wood frame garage.
Exterior
l. The eaves and soffits are in a state of disrepair or deterioration. Repair all
defects, holes, breaks, loose or rotring boards, to a professional state of
maintenance. Permit may be required.
2. The foundation is deteriorated, defective or in a state of disrepair. Repair all
foundation defects in a professional manner to a weather-right, water-tight and
rodent-proof condition. Permit may be required.
3. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace
the roof cavering to a sound, tight and water impervious condition. Permit
may be required.
The exterior wa11s of the house and/or garage are defective. Repair all holes,
breaks, loose or rotting siding, to a professional state of maintenance.
5. The window and(or door screens are missing, defective or in a state of
disrepair. Provide proper window and doar screens for all openable windows
and doors. Screens must be right-fitting and securely fastened to the frames.
6. The windows andlor storm windows are in a state of disrepair. Replace all
missing or broken window glass. Make all necessary repairs to frames,
sashes, hardware and associated trim in a professional manner. Permit may be
required.
7. There are missing or defective guardrails. Provide all stairways, porches,
decks or steps which aze more than 30" liigh with guardrails and intermediate
rails witl� openings in the guardraii no more than four (4) inches apart and in
accordance with the State Building Code.
8. The stairs have missing or defective handrails. Provide all interiar and
exterior stairways and steps of more that three (3) risers with handrails which
are grippable and installed 34" to 38" above the nose of the stair treads.
Cf7717�1:ii
Repair the structure to a habitable condition.
This structure is a registered vacant building that must have a Code Compliance
C'ertificate before the structure may be occupied. Obtain a Code Compliance
Certificate from the Depariment of Safety and Inspections. You may contact 7im
Seeger at D.S.I., 651-266-9016, for a code compliance inspection, peimits, and
issuance of Code Compliance Certificate. Under Chapter 33.03 of the Saint Paul
` , �,�"���-
May_14,29_OS_— ---------------�,_�—.--- —v
- t863 MONTANA AVE E
page 3
_---------- ' `-�� o - Com iance �ertificate before
l�—== b "^"" ,
occupying the structure may result in issuance of criminal summonses.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and the
resulting nuisance condition is not corrected by June 13, 2Q08 the Department of Safety and
Inspections, Divzsion of Code Enforcement, will begin a substantial abatement process to
demolish and remove the building(s). The costs of this action, including administrative costs
and demolition costs will be assessed against the property taxes as a special assessment in
accordance with 1aw.
As first remedial aetion, a Code Compliance Inspection Report must be obtained from the
Building Inspection and Design Section, 8 Fourth Street, Suite #200, Commerce Building,
(651)266-9090. This inspection will identify specific defects, neaessary repairs and legal
requirements to correct this nuisance condition.
As an owner ar responsable party, you are required by law to provide full and complete
disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and
any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or
responsibility for this property, you must within seven (7) days, notify the Enforcement Officer
with the names and addresses of any new owners or responsible parties.
The Enforcement Officer is required by law to post a placard on this property which declares it
to be a"nuisanae condition", subject to demolirion and removal by the City. This placard shall
not be removed without the written authority of the Department of Safety and Inspections,
Division of Code Enforcement. The department is further required to file a copy of this "Order
to Abate" with the City Cierk's Office.
If correcrive action is not taken within the time specified in this order, the Enfarcement Officer
will notify the City Council that abatement action is necessary. The City Clerk will then
schedule dates for Public Hearings before the City Council aC which time testimony will be
heard from interested parties. After this hearing the City Council will adopt a resolution stafing
what action if any, it deems appropriate.
If the resolution calls for abatement action the Council may either order the City to take the
abatement action or fix a time within which this nuisance must be abated in accordance with the
provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if correcrive action
is not taken within the specified titne, the City sha11 abate this nuisance. The costs of this
action, including administrative costs will be assessed against the property as a special
assessment in accardance with law.
May 14, 2008_ _ ------------ ---------
-- I863MOISfANAAVEE O8 �bay
page 4
_ art�, m�c ±�� c„ z,,,�rr�s���u� i� "'�— e contact`�av�e mar z
'� — between the hours of 8:00 and 9:30 a.m. at 651-266-1931, or you may leave a voice mail
message.
Sincerely,
Steve Magner
Vacant Buildings Program Manager
Division of Code Enforcement
cc: Mary Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
ota60135 12/07
JUI�, (J, (UVO 0.]InlYi �ti i vi ai, in�� v�ituvv r - --
BID TASULATION FOR:
1 S C
DSI
BZJYER: _NIARK E�%�1vTGELTST �Ii,�
BID OPElNING DATE: Tt�'1�+� 19, 2008
Buelow Excavating
John $uelow
436-2244 5 7,308.00
Creative Services
Richard Kosman
651-436-3161 � 6,980.00
KA. Kemish
Brad Ensrude
457-360� � 9,465.00
Ray Anderson & Sons
Richazd Oz�tlui�eyes
651-774-2550 $ 7,400.00
Rayco Bxcawafing �
kZozy Matter
6I2-619-14&7 $ 8,110.00
Semple Excavating
7ulie Sempla
651-772-1449 � 3,950.00
tab106120/08/MEPom
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AFFIDAVIT OF NOT FOUND
COUNTY OF HENNEPIN
METRO LEGAL SERVICES
Rick Sinner, agent for Metro Legal Services, Inc , being duly sworn, on oath deposes
and states th�t agenfs in hi5 empfoy attempted to serve the aitached Noiice af Public
Hearing upon Leroy R Smithrud, therein named, personally at his/her Iast known
address located at 3317 Hampshire Ave. North, Crystai, County ofi Hennepin, State of
Minnesota, and was unable to locate him/her there for the purpose of effecting personal
service of process.
Subscribed and sworn to before me on
� P"�„" I.__, 2008
6 �
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� �11L A• J• ESSLER
��� NOTARYPUBLIGMINNESO7A
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;pf � My Commi6s�on Expues Jan 31, 2�10
• }
896173 - 1 RE: 1863 Montana Ave E
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_ --- -------- --- --
_ ��ugus[ 32;2�€3$�egislaftve HeanngMmutes _ ._. .. _.__. _ _ . .___.- P�age 9
t�U ����
8. Ordering t owner to remove or repair the building(s) at 1863 Montana Avenue East within
The property owner of record, Leroy Smithrud, appeared.
Mr. Magner stated the building was a one-story, wood frame, single-family dwelling with a
detached one-stall gazage on a lot of 5,227 square feet and had been vacant since October 20, 2007.
A code compliance inspection had not been done, the vacant building registration fees were
delinquent in the amount of $1,000, and the $5,000 performance bond had not been posted. On
May 6, 2008, an inspection of the building was done and a list of deficiencies which constitute a
nuisance condition was developed. An order to abate a nuisance building was posted on May 14,
2008 with a compliance date of June 13, 2008. To date, the property remained in a condition which
comprised a nuisance as defined by the Legislative Code. Ramsey County Taacation estimated the
market value of the land to be approximately $48,200 and the building to be $87,500. Real estate
tases were current. Code Enforcement estimates the cost to repair the building to be approximately
$30,000 to $40,000. The cost for demolition was estimated to be approximately $7,380 to $10,380.
There had also been two summary abatements issued to this property since 2007, one of which went
to work order: to secure the building and the City had to board the building to secure it from
trespass, remove improperly stored refuse, cut tall grass and weeds, and remove snow and ice.
Code Enforcement recommends the building be repaired or removed within 15 days. Mr. Magner
presented photographs of the property.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building was a 1924
workers cottage-style building and was located on a contiguous block-face with the design being
consistent on the block. The siding had been covered and it was clear that there had been some
other exterior alterations. She believed that the building did not merit any local or national historic
designation. She recommended the building be rehabilitated.
Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner stated the
building was condemned due to lack of gas and electria The file was then referred to the Vacant
Building Program on October 25, 2007.
Mr. Smithrud stated that he had owned the property for the past 27 years and had the same tenant
until the City kicked them out. He claimed that the gas and electric was still on. He claimed that he
had fixed everything that was listed on the order to abate.
Ms. Moermond stated that no permits had been pulled so she didn't believe it was possible that he
could have made all of the required repairs. Mr. Smithrud claimed that he didn't need permits.
Mr. Magner read the order to abate letter to Mr. Smithrud which indicated that a code compliance
needed to be done which he had not done. Ms. Smithrud claimed that he had appiied far the code
compliance inspection on August 7 and Mr. Seeger indicated to him that he was going on vacation
and would not be able to do the inspection until he rehxrned.
Ms. Moermond asked Mr. Smithrud why he had waited so long to apply for the code compliance
inspection. Mr. Smithrud said that he hadn't bothered because the City was going to demolish the
building anyway.
- -- ---- - -
-----
° --- = 2OD$ Legislative ffaanng N1inu#es - — - _. __ . — -- -- -- — Page f0
�"��ai�
Ms. Moermond said that the order to abate was issued in May and he should have applied for th
the house first. He also clauned that he had filed an appeal after the City kicked out the tenants.
Ms. Moermond responded that he couldn't possibly have filed an appeal as it would have been
heard by her. She had not heard this matter which an appeal would have had to have been filed by
last November, 2007.
Ms. Moermond stated that the bond must be posted; the registered vacant building fees must be paid
along with the registration form must by the end of business on September 3 and she would
recommend granting an addirional rivo weeks to provide all of the remainder of the documentation
which included financial documentation as well as a work plan.
���Y O� SA�n�� P�uL D�/Qa=f
86•
August 21, 2008
Leroy Smithrud
7350 Rosewood I.ane
Maple Grove, MN 55369
i5 WESTKELLOGGBOULEVARD
SAINT PAUI, MN 55102-16t5
EMAIL: leeislativehearines(a�ci.s(aavl.mn.us
PHONE: (651)266-8560 FAX: {65t)266-8574
Re: Remove or Repair 847 Agate Street
1�7�Ti3i�. �,_ _,Tii�.�I
At the Council Public Hearing on August 20, 2008, Ms. Moermond recommended removing the
building within 15 days with no option for repair since the bond had not been posted and the vacant
building fees had not been paid. The recommendation had been amended as adopted by Commcilmember
Helgen to remove the buitding within five (5) days with no option for repair.
If you have further questions, you may contact me at 651-266-8563.
Sincerely,
=-�`���-t, �,�(,���
Mai Vang, Paralegal to
Mazcia Moermond, Legislative Eiearing Officer
cc: Steve Magner, DSI
Athena Etias, DSI
�' f
.�,
4 GTTY ot
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August I5, 2008
Leroy Smithrud
7350 Rosewood Lane
Maple Grove, MN 55369
�; ITY � F � AINT gAL7L
OFFICE OF THE CITY COUNCIL
310 CITY HALL
t5 WEST f:ELLOGG BOULEVARD
SAlNT PAUL, MN SSt62-1625
EMAIi.: len�slativehearin�ci.stoa¢t.mn.us
PHONE: (65q266-8560 FAX: (651)266-5574
Re: Remove or Repair 18fi3 Monsana Avenue
Deaz Mr. Smithrud:
- --
— -- -
This is to inform you that on August 12, 2008, at the Legislafive Hearing, Ms. Mcermond indicated that the
following must be met if you intend m rehabilitate the building:
a S5,000.00 performance bond must be posted;
2. the vacant building fees must be paid.
The aforementioned conditions must be met by the close of business on Wednesday, September 3, 2008. If the
conditions are met, she will recommend gcanting you an additionai iwo weeks to provide the work p}an and
financiat documeatation.
The City Council Public Hearing is scheduled for Wednesday, September 10, 2008 at 530 p.m. in Room 300
Council Chambers.
If you have any questions, you may contact �e at 651-266-8563.
Sincaely, '�
�"�%��� �����,
Mai Vang, Aaralegal to �
Marcia Mcermond, I,egislaYive Heariag Officer
cc: Steve Magner, DSI
Athena Elias, DSI
�
: e^ - -
March 3, 2008
Leroy R Smatlu�ud
3317 Hampshire Ave N
Golden Vallav MN 55427-2250
I��?Ti.�Ff_, ��
1600 I�hite Bear Ave N
Saint Paul, MN 55706
Tel: (651) lb6-1900
Fax: (651) 266-I926
The City of Saint Paul, Depariment of Safety and Inspections, Division of Code
Enforcement, will inspect and review the pmperiy at 847 AGATE ST to determine the
condition of this properry. Based on this inspection report the Bivision of Code
Enforcement will make a decision whether or not to begin an abatement procedure.
Please haue a responsible person available to meet the Enforcement Officer and provide
access to all buildings on March 25, 2008 at 10:00 am. If no one meets the
Enforcement Officer at tYus time, the Enforcement Officer will procee3 to inspect the
interior and �terior of the buiidings.
Based on the results of this inspection, Depariment of Safety and Inspections, Division of
Code Enforcement, may institute Zegal action to remove these buildings. If this action is
commenced, you will be notified and will have the opportnnity to appear and give
testimony at the public hearings before the I.egislative Hearing O�cer and the City
Council wluch will be schaduled to hear this matter. Please be advised ttAat the Distaict
Council will atso be notified of any public hearing dates and may appear to be heard.
The eosts involved in this procedure including inspec6on and adminisi¢ation fees,
procedural costs and the dexnolition removal costs, will be assessed agaittst the real estate
as a special assessment to be collected in the same manner as real estate taxes as ouflined
in Saint Paul Legislative Code.
If you sell, offer to sell, lease, convert, convey, transfer, alter ar exchange ownersiup
interest in this property you are required by law to noti€y any and all interest� parties in
writing of this pending action. You aze further required to notify the enforcement officer
of any changes affecting title or ownerslup.
Dick Lippert A�anager of Code Enforcement
_ __ Nuisance Building Enforcement 08 �7 v`�Y
6 GtSS pP
R
€ e e e +�
.
€ q :n �
. °' �
m
June 6, 2008
Leroy Smithrud
7356 Rosewood Lane North
Maple Crrove MN 55369
�;ITY C}F SAINT �AUL
OFFICE OF THE QTY COUNQL
310 GTTY HAI,L
f5 WEST KEL,LOGG BOULEVARD
SAINTPATif.,MN SSt�2-I6I5
PH023E: (651) 266-8560 FAX: (651) 266-8574
VIA CERTIFIED MAIL
Re: Legislative Hearing to Remove or Repair 847 Agate Street
Dear Mr_ Smithrud:
The Lea s}ative Heazing that was scheduled for Tuesday, July 22, 2008 is being rescheduled to Tnesday, July
29, 2008 at 10:Q6 am. in Room 33Q, City Hall. Ms. Mcermond will require Yhe £ollowing coreditions be met:
1. a Code Compliance Inspection Report must be compieted;
2. financia( information such as a financial letter or financial documentation which could be a
consiruction loan, a!me of credit or a bank statement which demonstrates that vou have the financial
means to complete the pmject; �
3. a work pian which includes timelines for completing the work must be done in acwrdance with the
Code Compliance Inspection Report (aa e�mple of a work pian is enclosed);
4. the vacant building fees must be paid;
5. the vacant building farm must be completed;
6. the progerly must be maintamed;
7. a$5,000 perFormance bond must be posted with DSI at 8 Fourth Street East, Saint Paul, MN 5� 102;
8. any purchase agreement or closing documents;
9. any criminal cifations must be rectified;
10. you must have clear tit(e to the property; and
t t. Real F.state faxes must be ciurent.
Normally, these requirements are requested (ry yhe Leb slative Heareag Of&cer and some of these items may
not be relevant in your situation.
Also enciosed fs a copy of the Nofice of Public Hearing to reflect the new L,egislative Hearing date.
If you have any questions, p2ease coQtact me at 65 t-266-8563.
Sincerely,
� v �"..� �/�--�
Mai Vang, Paraie�at ro
Legislative Hearing Officer
Encl.
cc: Steve Ma�.ner, DSI-CE
Athena Elias, DSI-CE
Richazd Su Xiong, li3 Richmond St E, South St Paul, MN 55075 (via certified mail w/g(encl.}
Dis�ict 6 Planning Counoil (via emaiI: disirict6(c�qwestoffice.aet)
�
- - ---- p?� �-- - -- -- - - - - _
- -- _ � -- -- � -
If there is a con#liet with fhe tiffie schednled or if yoaa bave ang qaestions regardiag
_ f3�ic a ei�,.pleACe_Snnfac�FnfOL'CPment Pr j)�p N S Ir F�e��� 1ha hm�rc nf
— -. au . a.� a Sf26��93ror you mayteave a vofce - �a . --
Sincerely,
S'teve I�ag�zer
Vacant Buildings Supervisor
Department of Safety and Inspections
Division of Code Enforcement
����
__ cc._ Cindy Cazlson - PED Housing _
�i6otzs sro�
847 AGATE ST
Page 2
If there is a conflict with the time scheduled or if you have any questions regarding
fhis matter, please contact Enforcement Officer Mike Kalis 6etween the hoars of
8:00 and 9:30 a.m. at 651-266-1929, or you may leave a voice mail message.
Sincerely,
Steve Magner
Vacant Buildings Supervisor
Depariment of Safety and Inspections
Division of Code Enforcement
Sivl:r,za
cc: Cindy Carlson - PED Housing
vba160125 5/07
e� �s� ���------
DTVISION OF C�DE ENk'ORCEMENT
160Q i'Vhife Bear Avenue
�j i�
1 `, ' . ; � 1 !,' i ' "
'��i
Yog hais tias koj hais lus Hmoob thiab koj tss to taub tsab ntawv no, hu mu tus txl�ais Ivs ntawm (651) 2b6-8989. Nws yog pab dawb zwb.
Si usted habla el Espanol y no entiende esta nota, llama (651)266-8989 para un txaductor. No cosro.
TO c � �n': �
Z2r� `��T� fi�� l�
f���'r�,a ClAiLF� IPL�L SS`�f3-�
nsiblefor. �7 4
As owner or person(s) respo
hereby ordered to eliminate stl nuisance conditions w
ari
violation of Chap_t�t 45 ofSaint�aal LegislafivE Cade. _
� Remove improperIy stored or accumalated refuse indnding: �arbage, rubbish, discarded fnrnitut�e., aPPlianc�, vehidi
parks, scrap wood and metal, recyding materiaLs, household items, balding materials os rubble, tires, brush, etc., fi�oQ
yard areas.
�❑
�❑
Cut and remove tall grass, weeds and raek plaat
Remove and pmperly dispose of ait animal feces from yard
� IIVIIHEDIATELY secare all baildings which are open to unauthorized entry, including:
L'�
If you do not correct the nuisance or file an appeal before y`� � . the City wa71 coirect the naisance and charge a
costs, includ'mg hoazding costs, against the property as a special assessment to be collected in the same way as property tazes.
,
Chazees: If the Ciry corrects the nuisance, the cLarges will inclvde the cost of coaection, inspecfion, uavel 6me, equipment, etc. Tt�e rate will b
approxiuiateIy $2b0.00 per hour plus �penses for abatement.
You must utaintain the premises in a ciean condition and
provide proper and adequate refirse storage at all times
FAII..�IRE TO COMP�.�' 1M�Y RESULT I1V A CRIlVIgNt�L CITt�TION
Issued by: �d(/�'s Badge Number 3�� Phons Nurnber (651) �_�
If yon have any questions abont this order, fhe reqnirements or the deadiine, yon shonld contact the Inspector
listed above, Monday throngh F�iday
Aoneals: Yw may appeai th�s order and obtain a t�rino befae the C+ry Cowcil bycmnpieting an appeat aPPlication �"�6 U�e CityCkrkbefore the appeN deaAine �tedabove or se,rc
f7)daysafterthedateroaile�l,witichevercomesfust Noanvealsmavbefitedafrerdiazdate. Youmavo6tainaa�nnealanoHcafionfmmtheCitvC7uk'sOYTice
Paul MN 551�2 The tei hooe nmbe '(65112668688 You must bmit a co of ttris Order wich v a�ea1 (rolirario .
*WARNING Code iaspectiou and enforcement vips cost the taepaye�s money. If the violations aze not cotrected within the time period requiied in this nofice, rLe ciry's cosu
conducRng a reinspecfion after the due date for comptiance will be collected from the owner iadierthan being paid by tbe tsxpaye� of the ciry. If addlrionat aewviolaROns are discovea
within the nex[ foIlowia� 22 mont6s, the city's coscs in conducting additional inspectiorts az this same location wi�hin such 22 months wil� be collec[edfiom ��wn��h�Tiban b�S Pa
bythetacpayersofthecity. Mysnchfuturecos[swiilbecoDectedbyassessmentagainscthe�ealpmpertyandaze inaddiriontoanyo[herfi�resorassessm�lswlud�maybeleviedagtir
DEPART'MENT OF SAFETY AND INSPECTfONS
Dick Lippen Manager oJCode Enforcement
Nursance Building Enforcen�ent
C�� o� S�Z� PA�.�I..
ChristopherB. Colerrsan, Mayor
1600i�leueBearAveN Tel_(651)266-1900
Saint Paul, MN55106 Faz: (65I) 266-1926
April 17, 2008
Leroy R Smithrud
33 i7 Hampshire Ave N
Golden Valley MN 55427-2250
� Dear Sir or Madam: - -
- -
The City of Saint Paui, Degattment of Safery and Inspections, Division of Code
Enforcement, will inspect aad review the property at 1863 MONTANA AVE E to
determine the condition of this properiy- Based on this inspection report the I}ivision of
C;ode �nforcem�t will make a dexision whether or not to begin an ahatement proceduTe.
Please have a responsi�ble petson available to med the Enforcement Officer and pmvide
access to all buildings on Apri129, 2008 at 11:� a.m. Tf no one meets the Enforcement
Officer at this time, the Enforcement Officer will proceed to inspect the interior and
exterior of the buildings.
Based on the results of this inspection, Department of Safety and Jnspections, Division of
Code Enfarcement, may institute legal action to remove these buildings. If this acrion is
commenced, you will be notified and will ha�e the opportuniry to appear and give
tastimony at the pnblic hearings before the Legislative Hearing Officer and the Gity
Council which will be scheduled to hear Uus matter. Please be advised that fihe District
Council will atso be notified of any public heariag datee� and may appear to be heard
The costs involved in this procedure including inspection and administralion fees,
procedural costs and the demolition removal costs, will be assessed against the real estate
as a speciat assessment to be collected in the same manner as real estate taxes as outlined
in Saint Paui Legislative Code.
If you seIt, offer to sell, lease, convert, convey, transfer, alter or ercchange ownership
interest in ttus properiy you are required by law to notify any and all interested pa�es i�
writing of this pending action. You are furlher required to notify the enforcement officer
of any changes affecting title or ownership.
AA-ADA-EEO Employer
s�� r�G�� sT
--- ---.—_--- - - – - --
- ----_
— ------- – -- – -- --- ---- -
_ -_ ���-�- - _ �-�
If there is a conflict wiHa the �me scheduled or if yo� have any questions regBSding
.,. _, ,— —� •°-r ---��� -�s�,--�r
a.m. at 651-266-1929, or you may Ieave a voice ms�i message.
Sincerely,
,St�YC 1�1Lg`d'C�Y
Vacant Buildings Supervisor
Department of Safety and Inspections
Division of Code Enforcement
Sivl:IIm - - - _ . _.---. --
cc: Cindy Carlson - PED Housing
��6oizs sio�
D�pARTMENT OF PUBLIC SAFETI'
iMPORTA�+IT: xEMOV� �G
mAr �EF�IZE DRIVING VEHFGLE
�
� �
Disabled Perso�s Parking
Identification Placard
EXPIRES LAST DAY OF:
�
DgA�Eg & VEHICLE SERVICES SPECL9L PLAT£5
445 MIA3BSOTA ST. STE- I64 ST. 1'9UL. MN.S5101-a
40IC£:657-297-3377 TDD�TTY: 651-282-655�
— ------ - -- - -- - --- --- --- ---- —.— , -�- �_ - -...
_--
_ c� l oa�
.
Aug�t 23, Zoos
To: HUD Field Offica
Suite 1300
902 Second Avenue Souffi
Minneapolis, MN 55402
To Whom It May Concern:
.
o
�
- --- ------ -------. _ ---- --- -
- -_._ - � � � �--
_ _. _ fal��2r ir.�co.��et� c�rti�f ca�ion �� to A alysis af Im�eaunents f�iF
--- -- or o er ity o t. au certt icatrori riy r
submitted aver the past years so as to solicit or e�pend federal H�TD
Community Development Block Crrant (CDBG) or other funtis.
4) Ottier discrimination against protectecl class members, associated
with illegal demolitions of otherwise safe, affordable rental
properties, knowing that sueh demolitions wili undoubtedly have a
disparate unpact on protected class members, which is per se illegal.
EFFORTS TO NOTIFY CITY SO AS TO SAVE AGATE PI�OPEItTY
I prepared the AFFIDAVIT in an effort to save the Agate Property,
which the City of St. Paul City Council has surprisingly put under an
amended "five day demolitiod' Order, which letter as I stated above I only
received Friday, the 22nd of August, 2008, and for which na compliance
inspection has occurred.
I want to register a full, formal complaint that St. Paul is operating
some kind of illegal code enforcement seam, and must be investigated and
stopped before they can destx�oy most or alt of tha private affordable housing
stock within the City, by misusing federal funds or lying on their
certification foanls or trying to fool people in their hearing procedures. Also
does HCTD have copies of St. Faul's certifications to Fair Housing CDBG &
AI?
Sincerely,
` ��� / °��
Leroy 'thnzd
7350 Rosewoad Lane
Maple Grove, MN 55369 Ph 763.496.1704
ec: HYD Chicago Region; City Council; Ctty Attorney's Office; file
= -- -- - --�
_- _ _ _- -- -- - ___ -- ..
- _ C� -/O�,`�
�7��_�'�` �
1. I am the affiant, Leroy ("Roy") Smithrud, an individual person
and the owner of the house at 847Agate Street, St. Paul, Ramsey County,
Mu�nesota. [Hereinafter the "Agate Property", see E�ibit i, attached, a true
and correct copy of the City CourzciPs August 21, 20081etter stating I oniy
have five, instead of the fifteen days the City Council had already
approved].
2. I swear and affimi that the information contained in this
Affidavit is true and correct, under penalty of perjury basad on my own
personal lrnowiedge or belief.
3. I have experience working as a certified Minnesota assessor
and as a 30 year veteran residential building inspector
4. I have experience with the requirements of the State Buiiding
Code, with remodeling and general practices for rehabilitating residential
property, and also have contracted with an independent inspector who has
experience with the State Building Code, the State procedures for adopting
the State Building Code which state that no municipality can 'vnpose stricter
standards than those already in the State Building Code, the Minneapolis
Suilding Code and the St. Paul Legislative Codes ineluding Chapters 33
adapting the Staxe Building Code, and Chapters 34, 35, 42, 43, 44, 45 under
-- ---- -- - - _ ._ ---- --- - ��_-
_ (�T infnrma`7 hP•�ti?,.�.��-1�.: �Y6F�'4 �F2r�3 �n�g �22.}� Y�33�, �
had paid much mare than $25,000, and that it was not for sale.
7. She informed me that she would show me tnat she could get the
properly anyway or make sure I would never keep the property.
8. Sure enough, the house was inspected and later condemned by a
St. Paul inspector in May of 2007 using the S� Paul Code which was stricter
than the State Building Code and I was not allowed or able to make the
repairs to bring the house up to the higher St. Paul Code standards. Mr.
Steve Magner and Ms. Marcia Moertnond were involved in my losing that
house to demolition by the City of St. Paul.
9. During and after that e�erience, I became concerned that the
procedures used by St. Paul were illegal as they denied grandfathering,
imposed a heightened code enforcement procedure, and denied due process
as the City's implementation of the code enforeement, vacant building or
nuisance procedures were based on vague rules or chapters, unfair
procedures and appeared generally designed to intimictate owners or tenants
and Iet the City work its wili against targeted landlords, tenants or specific
properties that should have been grandfathered in. But because I felt
threatened, I was afraid to come forward witli my concerns or evidence.
10. On July 17, 2003 I had fallen from the second floor outside a
-- -- --- - -- - - - - -- - --- ------ ---
. __ _.
----- - �-
— See-� -�'�'��-8ze�e��e�-4/'�',��^8.
e) 1863 E. Montana See Exh_ibit 4 letter c3ated 8/IS/Q8.
19. At each stage in those proceedings since 2003, I informed at
least one City official that I am total?y disabled. 'The response of City
officials was either to ignore that fact or to tell me that was my problem.
20. I also asserted to the best of my ability verbally, if not always
in
writing that I believed I had a right to make such rental contracts with
protected class members, and that I should not be discriminated against
because of my disabiIity or because I was trying to protect affordable
housing inside the City of St. Paul, or to champion the rights of protected
class tenants inside the City to affordable housing. I made such assertions to
a) Steve Magner on or about June, 2007 at his office.
b) Marcia Moermond on or about May, 2007 at a hearing.
c) Marcia Moermand on or about March, 2008 at a hearing.
I have been threatened in my person ar against my property that if I
did not stop hying to assert my rights, I would suffer the consequences,
after I tried to voice my concerns. I was afraid because of those threats and
the seeming ability of people associated with the City to make them into
reality.
--- --- ---- —� in �
ci. :a - = - - .. .
either protect the Agate Property or sell the Agate Property within that time
period to a buyer whose financials and experience would be acceptable to
the City, I received the letter in the mail that after the City Council hearing,
a member of the City Councii had "amended the hearing" to give me only 5
days and then to demolish the Agate Properiy. The five days are not
specified in the letter, E�ibit 1 but seem to include the weekend, August
23rd and 24th, 2008 which really may leave me only one day [Monday] in
which to try to save the Agate Property or get it soid off.
26. I have done a search for attorneys who might to interested in
investigating my claims against the City, or helping me try to sell off the
Agate Property, and have now been in contact with some who may take my
claims, but who would have to enter their appearance in any court
proceeding. Meanwhile the City is accelarating its drop dead dates.
27. �thout knawing of the most recent City letter regarding the
"�ive days", the people with whom I consulted encouraged me to laak for
any evidence that the City has complied with its federal certification
requirements under: a} HUD rules or regulatians; b) under Federal Fair
Housing Laws; c) under Civii Rights laws; or d) under the Code of Federal
Regutations as to Analysis of Impediments ("AI") and City of St. Paul
_ _ ___ - --- --- --------- -------- ----- _------- ����-
S
for trying to protect my contract rights and affordable housing.
32. Others have advised me that they have not gotten any such
similar materials in more than 3 years of discovery, from the City' of St.
Paul.
33. It is also a matter of public record that certain attorneys have
accused the City of falsification of such applicafions and certifir,ations to
HUD and the public, with such faLse certifications potentially implicating
millions of dollars in HUD CDBG block grants and other funding, where
such funding not only was allegedly misused and falsely represented, but
actually used to demolish protected class housing that should have been
grandfathered in under the State Building Code. [See Exhibit 9 attached].
34. I have obtained and read a copy of City of Morris v. SAX
Investments, the recent Minnesota Supreme Court decision. jA true and
correct copy of that decision is attached here as E�ibit 10].
35. I ha�e also obtained and read a copy of the Proceduras for
Adoption of the State Building Code. [A true and correct copy of that
document is attached here as E�chibit 2].
35. I have also obtained and read a copy of the City of St. Paul's
Legislative Code [Attached hereto is a true and correct copy of Chapters 33
o � - �o� �
August 24 2008
To the Saint Paul City Council and other Cify Officials
Re: Property Located At:
847 Agate
1863 E. Montana
This is an official complaint that the City of St. Paul, by and through
elected and appointed officials, is attempting to destroy or demolish my property
located at the above addresses, by means of retaliation or discrimination by:
1) Illegal, heightened City Code enforcement. The City adopted the
State Building Code in Chapter 33, and in subsequent Chapters
heightened the City Code beyond that authorized by the State
Building Code. [See the recent case, City of Morris v. SAX
Investments. and the State Building Code which states that when a
municipality adopts the State Code, the municipaiity cannot
unilaterally exceed those requirementsj.
2) Failure to consider that I am a disabled person, who wants to
contract with protected class tenants, Section 8 tenants, or to sell
my property.
3) Failure to perform the legally mandated and required Analysis of
Impediments (AI), and other certifications under Community
Development Block Grants (CDBG) or Code of Federal Regulations
requirements, conceming the disparate impact such demolition or
destruction will create.
4) False or inaccurate certifications to HUD about the above facts.
5) Failure to follow the City's own procedures, incfuding the duty to
provide a code compliance inspection before the City Council votes
or amends its vote to demolish a properly with only five days notice.
6) Vague, confusing and incapable of ordinary understanding terms in
the Legislative Code Chapters, arbitrarily or illegally enforced.
I hope and expect that the City Council or other City O�cials will consider
this compiaint and stop the permits, planning or activity leading to demolitions
before it is too late. Attached is an AFFIDAVIT and other evidence provided to
you prior to the code compliance inspection scheduled for noon today at Agate,
and scheduled only AFTER the City Council had already voted a fifteen day
window and then amended that down to just five days starting August 21, 2008.
This is a sad example of govemment gone wild before the same City hosts our
Republican National Convention. Why are you so de#ermined to wipe out
protected class tenants or the landiords who rent or try to sell their property?
Does HUD r. Ily kno what the City is doing?
.�"��� ��_ _ -- - - �—
�8�
Lerov Smithrud ---
= asewoac���� — —
Maple Grove, MN 55369 Ph 763.496.1704
Dated: August�2008
Notary Public
Subscribed to and sworn before me this ,�5 day of August,
2008, affiant being personally known to me.
� ICIA LqW
Notary Public
Minnesota
My Commission Expires Jan.3�, 20� t
August 23, 2008
To: HLJD Field Office
Suite 1300
902 Second Avenue South
Minneapolis, MN 55402
To Whom It 1V1ay Concern:
-- - - --- - --- -- -- --� F='"t t _ -
August 23, 2008
To: HUD Field Office
Suite 1300
902 Second Avenue South
Minneapolis, MN 55402
To Whom It May Concem:
�-
�
>
� � �� ` ' �� � :�� '��i��i �. r . i, . : ��
I am enclos'vng an AFFIDAVIT e�slauzing, under oath that I have
been threatened and retaliated against by officzals from the City of St Pau1,
wha are as tlus is being written attempting to demoIish a rsntal proper[y that
will have a disparate impact on protected ciass tenants in St Paul, where the
City Council made its decision without any code campliance inspection or
report.
I am aiso enciosing a copy of a letter I just received, showing that a
City Council member reduced the number of da.ys already allowad by the
entire City Council [fifteen] down to just five days [possibly including this
weekend], before my rental property building on 847Agate in St, Paul is
demolished for no valid reason, without the City following its own rules.
Also the AFFIDAVIT has other evidence attached to it as E�ibits.
DISCRIlI�ATION AGAINST ME AND PROTEC�"ED CLASS
I am disabled, own propez�ty that by contract I have rented out to
members of protected classes siuce the late 1970's, inel�ding Section 8.
Because I have leamed tttat other landlords or tenants have been mish�eated
similarly to myself by St. Paul officials, I am fiting tlus AFFIDAVIT with
authorities who should be or should become aware of St. Paul's ongoing,
shocking conduct.
ALLEGED II.LEGAL CONDUCT BY CITY
The illegal conduct, in my opinion as a certified Minnesota assessor
and a 30 year veteran residential building inspector, would include:
1) Illegal, heightened locally imposed standards adopted by the St.
Pau1 Legislative Code, in excess of the State Building Code, so as to
preclude grandfathering.
2) Threats and retaliations against me because I ani disabled,
because I contract with protected class, including Section 8 tenants.
3) Threats and retaliations against me, so as to discriminate
against me and my former or prospective protected. class tenants,
where such City policies or procedeares have been taken by means of
��
faise or incom tete certification zs to y�a.� 0 3mn ��p •mrn„�(��
-- -or Ei�y catro � ity o cra s ave
submitted over the past years sa as to solicit or expend federal H'�
Community Development Block Grant (CTJBG) or other funds.
4) Other discrimination against protected class members, associated
with illegal demalitions of otherwise safe, affordable rental
properties, knowing that such demoiitions wilP undoubtedly have a
clisparate impact on protected class members, which is per se illegal.
EFFORTS TO NOTIFY CITY SQ AS TO SAVE AGATE PROPEItTY
I prepared the AFFIDAVIT in an effort to save the Agate Property,
which the City of St. Pau1 City Council has surprisingly put under an
amended "five day demolition" Order, which letter as I stated above I only
received Friday, the 22°d of August, 2008, and for which no compliance
inspection has occurred.
I want to register a full, formal complaint that St. Paul is operating
some kind of illegal code enforcement scam, and must be investigated and
stopped before they can destroy most or ait of the private affordabie housing
stock within the City, by misusing federal funds or lying on their
certificarion forms ar trying to fool people in their hearing procedures. Also
does HUD have copies of St Paui's certifications to Fair Housing CDBG &
AI?
Sincerely, �
° �j�
Leroy 'thrud
7350 Rosewood Lane
Mapie Grove, MN 55369 Ph 763.496.17Q4
cc: HYD Chicago Region; City Council; City Attorney's Office; file
- ------ --- ------ _ ---- `�� _
AF�+'II R���ING HOgJ3E ��` �7 AGA'IT
1. I am the affiant, Leroy ("Roy") Smithrud, an individual person
and the owner of the house at 847Agate Street, St. Paul, Ramsey Couaty,
Miunesota. jHereinafter the "Agate Property", see E�ubit i, attached, a true
and conect copy of the City Couneil's August 21, 20081etter stating I only
have five, instead of the fifteen days the City Council had already
approvedj.
2. T swear and affirm that the information contained in this
Affidavit is true and correct, under penalty of perjury bas$d on my awn
personal knowledge or belief.
3. I have experience working as a certified Minnesota assessor
and as a 30 year veteran residential building inspector
4. I have experience with the requirements of the State Building
Code, with remodeling and general practices for rehabilitating residential
property, and also have contracted wi2h an independcnt inspector who has
e�cperience with the State Building Code, the State procedures for adopting
the State Building Code which state that no municipality can impose stricter
standards that� those aiready in the State Building Code, the Mimieapolis
&uilding Cade and the St. Faul Legislative Codes including Chapters 33
adopting the State Building Code, and Chapters 34, 35, 42, 43, 44, 45 under
wlaic� the �ity has imposed heightened code standards beyond the State
Buiiding Code. [See Exhibit 2, Adoption of State Building Caie Guide;
E�ibit 3 copies of St. Paul Legislative Code Chapters 33, 34, 42, 43, 45].
3. I previously awned another house in St. Paul, located at
1369 Case in St. Pau1. I operated all these buildings and others I ha�e
owned in Minneapolis as an unincorporated business, attempting to make a
profit by providing affordable, safe housittg for members of the public,
including Federal Fair Housing or Section � pFOtected ciass.membets,_and
since 2003 to supplement my finances so as to help offset my status as a
disabled person.
4. I selected the buildings for purchase, among other reasons
because: under the State Building Code they were sfructurally sound and
safe and could be grandfathered in; repaus woutd be required only up to the
code, as and when built, to put them into the required levels of complianc�
with health and safety standards; and with the understanding that
Congressional and HUD polices and procedures allowed precisely snch
min'vnal levels of comgliance so a to protect the nation's oider housing
stock for affordable housing for grotected class members.
5. pne day when I was at 1369 Case a neighbor lady came over
and told me she wanted to buy that house at 1369 Case for $25,000.
– _---------- ---- - — - -- - ----- ---------- ---- - ------ _ -- ���o�_ -
had paid much more than $25,000, and that it was not for sale.
7. She infortned me that she would show me fnat she could get the
property anyway or make sure I wouid never keep the property.
8. Sure enough, the house was inspected and later condemned by a
St. Paul inspector in May of 2007 using the St Paul Code whieh was stricter
than the State Building Code and I was not allowed or able to make the
repairs to bring the house up to the higl�er St. Pau1 Code standards. Mr.
Steve Magner and Ms. Marcia Moertnond were involved in my losing that
house to demolition by the City of St. Paul.
9. During and after that experience, I became cancemed that the
procedures used by St. Paui were iilegal as they denied grandfathering,
imposed a heightened code enforcement procedure, and denied due psocess
as the City's implementation of the code enforeement, vacant building or
nuisance procedures were based on vague rules or chapters, unfair
procedures and appeared generally designed to intimidate owners or tenants
and let the City work its will against targeted landlards, tenants or specific
properties that should have been grandfathered in. But because I felt
threatened, I was afraid to come forward with my concerns or evidence.
10. On July 17, 2003 I had fallen from the second floor outside a
twcs story ap�artmeat I owned in NN�inneapol'as, to the ground, b� my
back and numerous oiher bones and suffering other injuries.
11. As a result of that fa11 and other injuries, I have been diagnosed
as fulty disabled. [See E�ibit 4, attached, a true and correct copy of my
medicat disability diagnosis).
12. I have rented out the Agate Property by rental contract to
members of one or more protected class, as defined in the Federal Fair
E�Iousing and CiviT Rights 2aws, since at teast 1978.
13. Those rental contracts have incluc3ed section S or other
government certified futtding.
14. I ha�e consistently attempted to keep the Agate Properiy up to
the State Building Codes and even to higl�er code enforcement levels, when
so demanded by the City of St. Paul.
15. On or about 2007, the City initiated a series of proceedings
against the Case Properly, and then the Agate Property or another St Paul
. ��.
i 6. Among those proceedings, the �ity as to the Property:
a) 847 Agate
See E�iibit S letter dated 6/6/08.
b) 847 Agate
c) 847 Agate
See E�ibit 6letter dated 3/3/08.
See Bxlubit 7 letter dated. 3I25/08.
----- ------ ---- R - -
�
e) 1863 E. Montana See B�cY�ibit 9 letter dated 8/15lQ8.
19. At each stage in those proceedings since 2003, I inforffied at
Ieast one City official that I am totaliy disabled. T'he response of City
officials was either to ignore that fact or to tell me that was my prablem.
20. I also asserted to the best of my ability verbally, if not always
in
writing that I believed I had a right to make such rental contracts with
protected class members, and that I should not be discrixninated against
because of my disabiIity or because I was trying to protect affordable
housing inside the City of St. Paut, or to champion the rights of protected
class tenants inside the City to affordable housing. I made snch assertions to
a) Steve Magner on or about June, 2007 at his office.
b) Marcia Moermond on or about May, 2007 at a hearing.
c) Marcia Moermond on or about March, 2008 at a hearing.
I have been threatened in my person or against my property that if I
did not stap t�ying to assert my rights, I would suffer the consequences,
after I tried to voice my concerns. I was afraid because ofthose threats and
the seeming ability of peogle associated with the City to make them into
reality.
2l. I also did everyth'tug possable to compiy with the ciirectives, all
the more because of the thzeats.
22. After losing the ffrst property, with the City upon information
and belief seeming to work against my right ta conccact and also against
Federal Fair Housing laws that require the City to further integration and
protect affordable housing under the State Building Code, T became even
more suspicious as the Ciiy has moved so aggressively against the Agate
Property. For example, the City Councl has now given me five days until
demoiition, but no code compliance has ever been conducted and the
inspection is scheduled for appro�mately tugh noon, on Monday the 25�' of
August, only it wili not occur until after the City Council has already sent
me the letter Ezchibit l. But until now, I was afraid to go public with my
eviflence.
23. For e�carnpie, after a hearing of which I had no written notice
and later learned that I could not have submitted any evidence even if I had
known timely before the hearing, the City person [Marcia Moermond]
recommended a' 15' day time period in which to allow me to either post the
required bonds and commit to rehab or sell the Agate Property.
24. The City Council adopted that recommendation on August 6,
11:
_-- _-- ---
- - -- ---
-- - --- -
-- -- -- - - --- - ---
--------- - ---- ---
._ - Q S-{Oa�{
t. /• .. : ' �� ' 9 11•s s 1� .� ' Y !Y•1�[:d1liC�S._:�lY�7,iTi i
either protect the Agate Property or seli the Agate Property within that time
perioei to a buyer whose financials and eaperience would be acceptabie to
the City, T received the letter in the mail that after the City Council hearing,
a member of the City Councii had "amended the hearing" to give me only 5
days and then to demolish the Agate Properly. The five days are not
specified in the letter, Exhibit 1 but seem to include the weekend, Angust
23�d and 24�', 2008 which really may leave me only one day [Monday] in
which to try to save the Agate Properiy or get it sold off.
26. I have done a search for attomeys who might to interested in
investigating my claims against the City, or helping ma try to sell off the
t�gate Property, and have now been in contact with some who may take my
ciaims, but who would have to enter their appearance in any court
proceeding. Meanwhile the City is accelerating its drop dead dates.
27. Wittiout knowing of the most recent City letter regarding the
"five days", the people with whom I consulted encouraged me to loak for
any evidence that the City has complied with its federal certification
requirements under: a) HL7D rules or regularians; b) under Federal Fair
Housing Laws; c) under Civii Rights laws; or d) under the Code of Federal
Regulations as to Analysis of Imped°unents {"AP') and City of St. Pau1
submissions of requests for federal �au Housing func€s, �omm�anity
Development Block Grants ("CI3BG") as to disparate impact upon pr�tected
class members.
28. On advice I hirecl a research consultant who would coordinate,
and i ha�e caIled the City of St. PauI to request any copies they may ha�e,
researched on the internet and at a law tibrary, checked in other publications
and magazines, and I have now written HIJD a letter requesting theY
assistance in locating any such cerEifica.tions and documenting �ity -
misconduct, as it is hazd for me as a disabled person to find such materials.
29. 'The City has nat yet provided me witk� any such materials or
directed me to where they might be stored or catatoged.
3U. The research consultant, under the direction of the attorneys,
has reported not being able to locate any proof that: a) the City ever
supplied certifications to HUD; or, b) that the City had considered the
dispara.te impact that demolishing property such as the Agate Property
would almost be guaranteed to have as disparate impact against precisely
the tenants to whom I have previously rented the Agate Property.
3I. Further, none of us has fotind auy evidence in the G�ty's
procedures used against the Agate Property that they considered my
disability, tbe disparate unpact, or their af&rmative duties not to violate the
--- — ----- --- --- --- - --- - - - --
___ --
�� la � �
for trying to protect my contract rights and affordable housing.
32. Others have advised me that they have not gotten any such
similar materiais in more than 3 years of discovery, from the City of St.
Paui.
33. It is also a matter of public record that certain attomeys have
accused the City of falsification of such applications and certifications to
E-iUD and the public, with such false certifications potentially implicating
millions of dollars in HUD CDBG block grants and other funding, where
such funding not only was allegedly misused and falsely represented, but
actually used to demolish protected class housing that should have been
grandfathered in under the State Building Code. [See Exhibit 9 attached].
34, I have obtained and read a copy of Cit�of Morris v. SAX
Investments, the recent Mimiesota Supreme Court decision. [A true and
correct capy of that decision is attached here as Exhibit 14}.
35. I have also obtained and read a copy of the Procedures for
Adoption of the State Building Code. [t� true and correct copy of that
document is attached here as Exhibit 2].
36. I ha�e also obtained and read a copy of the City of St. Paul's
Leg,islative Code [Attached hereto is a true and correct copy of Chapters 33
... 45 as Exlaibit 3].
37. Based on my own experience in interpretusg the State Building
Code, and looking at other materials comparing the State Code with that
adopted by the City of St. Paul, it appears that the City Legisia.tive Code is
as much as 80% or more stricter than the State Code. [See E�ubit 9j.
38. It is also my opinion, based on my experience, that ttie City
Legislative Code is ambiguous as to terms s�tch as "nuisance", "hazardous",
-- -
-
"unsafe", "dangerous", and also allows tlie City fo condemn or deny rental
opportunities to every building owned by a landlord once the City has
unconstitutionaIly or illegatly maxed out its code enforcement standards in
violation of the State Building Code against just one build'utg. This arguably
unconstitutional procedure allows the City to attack or condemn all
buildings owned by a landlord by eliminating grandfathering for any of
those building and using `tYVmped up evidence' involving one building to
undermine ownership or rental of any and all other buildings owned by a
landlord, and I believe that is what the City is do'vng to me.
39. For examgle, the City is now moving against me for both
buildnngs I own inside S� Paul, not simply speeding up their actions against
the Agate Properly as stated herein.
40. Based on that comparison, SAX and the Procedures for
- -------- - - ----- -------- - - - - -- - --- -------- -- -��__ �--
43. Further, I am submitting this �davit to the City to make sure
that tt�e City knovvs that I believe I have faund evidence that it is retaliating
against me for #rying to protect affordable housing, and protected class
tenants, by its illegai Code compliance policies or enforcement procedures
so clearly targeted to demolish the Agate Property without following the
State or Federal laws or the Constitution, and by City employees' use of
threats against me or my property, even before the City conducted a code
compliance inspection.
44. Some of the same people who assisted or helped each other to
destroy my ownership in the first targeted property in St. Paul, the building
at 1369 Case, are now involved again in targeting both the Agate Property
and mq last property in St. Paul located at 1863 E. Montana.
45. I have learned from the public records that these same people
and the City of St. Paul are Defendants in one or more Federal Fair Housing
and RICO lawsuits.
46. Evidence obtained in discovery against ti�ose Defendants in
one or more of those lawsuits is included by reference in the Plaintiffs'
Memorandum of Facts and Law in Opposition ta Summary Judgment filed
August 24, 2008. [A true and coarect copy of that filing is attached as
E�ibit 9].
47. When I greviously tried to grotect my propertzes or my
Constitutional rights in St. Pau1, I was specifically threatened by Marcia
Maermond on or about October 30, 2007 at a hearing such tfiat I understood
that either my property would be damaged or destroyed, or my person wo�d
be at risk if I continued to try to protect my pmperty or exercise my
Constitutional or Iegai rights. Mr. Magner also misdirected me in person in
his office in June, 2007 to tetl me nof to prepare for any hearings, and-
instead to wait until they were over before I tried to put in evidence.
48. Because I believed those threats and followed Maguer's advice,
and have personally felt the bnmt of their actions, T have not spoken out
publically in AFFIDAVIT form until this time.
49. Now that I have learned that ottrers have e�tperienced similar
problems and retaliation, I have decided to give this full information in
AF'FIDAVIT form to the City and file it in court, if necessary, and to testify
as to these matters if called upon to do so.
FURTHER THE AFFIANT SAYETH NOT.
Augnst 25, 2008
`��l����� _�
�
;
- ---------
_ --
-- - - -_ -- - -- _ --- - - -- --
------------- -- ��ld � �
September 1, 2008
To: Marcia Moermond 8� St. Paul City Council
95 West Kellogg Bivd. St. Paui, MN 55102 delivered by FAX and Mail due
to the Republiqn Nafional Convention, Police Actions, Protestors and
parking problems
Re: My Pmperties at 7) 1863 E. Montana 2j 847Agate.
Dear Ms. Moermond and City Council:
I want to make sure that you, artd the St. Pau! Ctty Council, have access
to and consider afl the facts about each of these properties. This communicafion
is in addition to my prior submissions, including those served by legal process
server on #he City Council and Ms. Moerrnond's office this past week.
As to tl�e Montana orouertv, it is my position that:
A} The City illegally evicted the tenant.
B) The Cify illegally determi�ed that the Montana property pased any
health or safety threat.
C) The City itlegally determined or is trying to detem►ine that the costs of
rehabilitating the Montana property exceeded its Federal Fair Housing
market value —
1, To me as a disableci landlord trying to rent the Montana
property to pro#ected class tenants.
2. To me as a disabied owner trying to sell the Montana property
so as to preserve afFordabfe, fair housing for protected class
members.
D) The City has no compelling evidence #hat the Montana property cannot
be successfully and timely rehabilitated under the State Building Code
standards as adopted by St. Paut in Chapter 33.
E) The City has a pattern and practice of ilfegal9y heightening the City
Code above the State Building Code, which is per se iBegal under
State taw.
F) The City has failed to take into account the disparate impact if they
demolish the Montana property.
G} The City has failed #o take inta account their duties under Federai �air
-- - -- - - -- ----- ---- ----- - -- _ _---- --- __ ---- -_ _—_ . �o� --
H} The City has failed to take into account their duties under Federai Civil
Rights laws as to the Montana property.
t) The Ciiy has probabiy filed false certifications in its apptications
soliciting Federal Fair Housing funds from HUD, for receipt of such
funds, monitoring of the expenditure of such funds, and reporting on
tfie requ'ved Ar�alysis of fmpediments and CDBG fecieraf funding.
As ta the As�ate nronertv;
A) The City ittegally evicted the tenant from the Agate property.
Bj The City faited to consider in any way my legal disability, as to:
1. My status as landlorti attempting to rent out by contrad the
Agate property to protected class tenants.
2. Nly status as owner attempting to sell the Agate property so as
to preserve safe, affordable housing for protected class tenants.
C) The City Counal person, Helgerr unilateralty pushed through the
decision to demolish the Agate property in five days, BEFORE ANY
CODE COMPLIANCE 1NSPECTfO1V HAD EVEN OCCURRED.
D} The Code compliance inspection will most likely produce virtually no
hea{th or satety vioVations, and wili produce no competling evidence
that the �qate propetty is a public health or public safety hazard.
E) The City has adopted the State Bui{ding Cocie, which itself profiibits
any heightened municipal codes in excess of the State Code.
Fj The City has a p�actice and pattem of iltegaity heightening the City
Code above the Sta#e Building Code, which is per se illegal.
G) The City has failed to take into account the disparate impact if they
demolish the Agate property.
H) The City has failed to take into account their duties under Federal Fair
Housing laws.
I) The City has failed to take into accaunt their duties under Federa! Civi!
Rights laws.
J) The City has probably filed false certifications in its applications
soliciting Federal Fair Housing funds from HUD, for receipt of such
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the required Analysis of (mpediments ("Ai") and CDSG federaf funding,
as ta dispara#e impact.
Md As to Botl� Prooerfies
K) t have hired an independent expert whose report witl confirm that
neither the Agate property nor the Montana property should be
demofished and that neither property is a pubfic health or safety risk.
L) The City has never provided due process as to either of these
properties.
M} { am respectfu{{y requesting that Ms. Moermond enter into an
agreement to recommend that the City Counr.ii stay any further
proceedings so that and until I have su�cient opportunity to either
save by way of rehabi4'station either or both properties, or have
sufficient time to seti either or both properties to a buyer whose
financiai capabilities are both documented and sufficient ftom the
City's perspective, and that the Cify Counci{ adopt such agreement.
As to the Gitv"s Dutv to Preaare. file and Preserve Federat Fair
Housins� Certifications Under the Code of Federa) Reaula4ions
As I cannot find them on the City's website, and t cannot find any City
employee who wipt admit having such documents, I hereby formatty request that
the City suppfy me with a copy or copies of each and every signed, official
certification made under oath that the City has pFOVided to NUD, in soticitation of
CDBG funds or expenditure of or reporfing on such expenditures, addressing:
the City's fegat duties to analyze and address Analysis of Impediments; disparafe
impact on protected class members; retaliation or discrimination against a
disabted landlard who is trying either rent to protected class members or sell
affordab{e housing stock to someon� who witl preserve such affordable housing
stock; disparate impact resulting from the failure to altow grandfathering under
the State Buiiding Code, and any other Federal Fair Housing or Federal Civil
Rights certifications that the C'rhr has supplied to HUD.
in addition, f formaf3y request the City Council, and if necessary Ms.
Moermond or Gouncilperson Nelgert in particular provide copies of the anaiysis
she, he or the Cit}r Council, or any City agent or employee performed: as to AI;
disparate impact; discrimination or retafiation against a disabied landlord; illegat
heightened Code enforcement; costs of code comgliance; analysis of any Code
compliance inspection performed by any afficial or employee of the City; as to
both the Montana properiy and the Agate property, that was consulted or
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. � .. - �.� - _ _ :,3,�:,�.ti .��r�:���t..��.��-�.
If for some reason the Cify dces not or cannot provicie such documents,
then how can anyone on the City Counal show that the City has pertormed its
legai duties to consider or prepare such materials and under oath, file them with
HUD let alone consider them in relation to the Montana and Aga#e properties?
Also I will be submitting addi#ionat information that I don't betieve the City
has ever considered, but should and could have, as to: my disabiiity; the
knowledge and treatment of one or more tenants; and as to the expert opinion by
a respected building inspector and contractor about both the Montana and Agate
properties. Furthe� f am in the process of listing both properties, with full
disclosures, with a licensed real estate professional, as part of my efforts to
presenre affordable, safe fair housing for protected class members in St. Paul,
as well as for my business contract purposes.
Looking forvward to working w'rth yau, Ms. Moermond and the City Council
to get these matfers resolved prior fo or on September 3, 20Q8 so as to secure a
just resolution to preserve and rehabilitate both the Montana and Agate
properties under Federal Fair Housing, Civil Rights, the Code of Feder2l
Regulations, the Citys swom cert�cafions to HUD, and the State Buiiding Code.
Kindly lef ine know when ihe Gity of St. Paul's Federai Fair Housing
cert�cation capies required under Code of Federal Regulations, incfuding 24 C.
F, R. § 91.2t0, § 91.425, § 570.904, and/or § 982.401 are ready and I shall
arrange to have them picked up or mailed.
Thank yoe� in advance for your cooperation in this matter.
Sincerely,
y �L
Leroy Smifihrud 763.4�8.1704
cc: FiUD Minneapolis Office; HUD Chicago Regional Office; file
P.S. AS A D45AB�ED PERSON, {:4M COORICERNED ABOUT BE1NG ABLE
TO PARK OUT OF THE WAY OF ANY PROTESTORS OR PQUCE ACTIONS,
AND GET ACCESS TO THE CITY COUNCIL FOR TME SEPTEMBER 3, 2008
C1Tl COUNCIL PROCEEDING. ANY SUGGFSTIONS?
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To: Marcia Moermond and City Councii
Re: Property at 1863 E Montana
Dear Ms. Moermond and City Council
Last week 1+xas expecting a Code Gomp4iance on th+s Property. Today an
inspector came out and informed me that the rest of the inspection crew was tied
up at the Republican Nationa! Convention, so the fuB inspection will have to be
reschedufed.
Re: Property at 847 Agate
As document ted, for reasons unknown to me, Council person Helgen
personally got the City Council to approve, as an ame�dment, demolition within
five days. [See attachments].
I have pointed out fo� the record that decision by the City Councii was
made BEFOf2E arry Code Comptiance inspection was pertormed on Agate,
which none of your inspectors and none of my resource people and consultants
had ever heard of happening, and being upheld.
1 have received in person and checked the City mrebsite regarding Agate's
Code Campliance inspection, and I want to let the record show:
1) There is no form or document attached to either my copy or the
website explaining how to take anv APPEAL. What is wrong, is the
City having trouble with the website, or just refusing to supply any af us
with the directions as to how to appeal.
2} Without having any instructions as to how to take an APPEA�, I can
only exp6ciriy ask this questian — which of the ourported actions or
work that the Code Compliance results specify, are in fact in full
campliance with the 8tate Buildina Code, and which aetions or work
items are recorded u�der the Citv of St Paui's heiqhtened illea code
that reauires more than the State Code and undermines �
grandfathering, and that are vague and/or unreasonable to baot?
3) As soon as possible, I have asked my building and inspection expert to
transiate the Code Compliance you have recorded against Agate, as
to which items conform with the State Building Code and which are
illegal under HUD and Federal Fair Housing Rules and regulations. As
soon as 1 have those results I will promptly forward them to you.
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4) I am once again attaching my prior communication to this letter, and 1
expect that you wiil fet me know when and where i can oick up the
City's certifications and the City's analysis of impediments.
Sincerely, ��
�- � � r �,���
Attach ent: September 1, 2d08 FAX
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�onstruction Cades and ticensing oiuisian
Buitding Godes and Standards Unit
lanuarfr 2005
Minnesota Department of labor and industr�
D:'c..;,;�e:
�.,ir� oF �t. raut, tvt1�! - LJmciai v✓ebsite - Lrty (:riarter b� f;�des Page 1 nf 12
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�ity Chader& Codes
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You are here: '�ome > Govemmem > Cm� CierK > City Chartef & Codes
Ls@:Q$Jf�F v`J. JCF75CdS4!i.�` Sei:C,.EC CAH€Ed §F
• Sec. 33.01. Definftions.
• Sec. 33 02 State building code—Adoption
• Sec. 33.02.1. Enforcement.
• Sec. 33.03. Permits—When required
• Sec. 33.04. Establishment of permit fees
• Sec. 33.05. Reserved.
• Sec. 33.06 Certificate of comp(iance
• Sec. 33.07. Fences—Requirements
• Sec. 33.08. Street encroachments
• Sec. 33.Q9. penaltv
'Cross reference(s�Licenses for buifding contractprs, Ch. 326.
Sec. 33.01. Definitions.
The fotlowing words and phrases when used in this Chapter shall have the meanings respective{y �
Building offiCiad Building code offici8l, of the department of safety and inspections, or his/her desig
adminisfraUon and enforczment of the state buitding code for the city.
Clean frll. iVlaterials cortsisting of at least ninety (80) percent natural soils with the remai�ing ten (1(
of concrete, concrete biock, brick, glass or simiiar inert materiais.
Demolition clean filt MaYeriais consisting of more than ten (10) percent but less than fifly (50) perc�
brick, glass or similar ineft maferial which has been approved in writing by the courrty division af sc
percentage comprising nahsral soifs.
Ramsey Counfy Erosion and Sediment Control Hand600k. The document which cantaios the erosi
practice specfications and fhe pianning procedures to co�trai soil erosion and sedimentation adop
and Wafer Conservation Ristrict
{Code 1956, 25.019; Ord. No. 17588, 9-13-88; Ord. No. 17867, § 1, 8-13-91; C.F. No. 97-1423, §'
3-4-98; C.F. No. 99-227, § 1, 4-14-99; C.P. No. 06-1132, § 1, 1-24-07; C.F. No. 07-143, § 3, 3-28-i
Sec. 33.02. State building code—Adaptiort.
(a) Pursuanf to Minnesota Statutes, sections 16B.59 through i66.75, the state buiiding code, as ac
state, is hereby adopted by reference.
hrip://www.sLpaul.gov/weblCityCodel1c033.htmi 8/24/2008
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- ------- ---- ------� DISTRICT COURT — - --- - - -- ------ __.._ _ —
���o��
DISTRICT OF MINIVESOTA
Frank J. Steinhauser, TII, et al.,
Plaintiffs,
v.
City of S� Paul, e� al.,
Defendants.
Civil No. 04-2632
JNEISRN
PLAINTIFFS'JOINT
MEMORANDUM OF LAW IN
OPPOSTTION TO SUMMAity
JUDGMENfi
a
Sandra Harrilal, et al.,
Plaintiffs,
v.
Steve Magner, et. a1„
Defendants.
Tfiomas J. Cailagher, et. al.,
Plaintiffs,
v.
Steve Magner, et. a1.,
Defendants.
Civil No. OS-461
JNElSRN
Civi123o. OS-1348
JNE/SRN
1