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08-1032Council File # tg pL � Q� c�" �l'PPn C{IPP} }t �n50V4� Presented by RESOLUTION � 1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 heazing record and testimony heard at public hearing on August 20, 2008 hereby memorializes its decision 3 to certify and approve the August 5, 2008 decision of the Legislative Hearing Officer for the following 4 address: 6 ADDRESS 8 309 Edmund Avenue 9 APELLANT Cedric Scofield 10 Decision: Appeal denied and extension granted to August 29, 2008 to complete the clean out of the 11 interior of the house. Carter Boshom Harris Yeas ✓ ✓ ✓ Absent Requested by Department of: � Form Approved by City Attorney By: Adopted by Council: Date Adoption Certified by C mcil Secretary By: � � - Approve,d,b�1 r. �j B w Form Approved by Mayor for Submission to Council By: CITY OF SAINT PAUL D�' �� August 1, 2008 Cedric Scofield 309 Edmund Ave. Saint Paul, MN 55103 RE: 309 Edmund Ave. Dear Mr. Scofield: Your application for an appeal has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Tuesday August 5, 2008 at 11:00 a.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. Atthattime the Legislative Hearing Officerwill hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, Shari Moore City Cierk cc: Paula Seeley, DSI (Code Enforcement Officer) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUL, MINNESOTA55102 Te1:651-266-8688 Fax:651-266857A www.stpaul.gov AA-ADA-EEO Employer ��'�4 � 15 W. Kellogg Blvd. 310 City Hall Saint Paul, Minnesota 55102 Telephone: (651) 266-8688 C/T 8 1. ,'3ddress of Property being Appealed: 2. Num'oer of DwelIing Units: 3. Date of L.etter Appealed: 3 Q � �'D {'31.C�N D �� N� 1 �/Q�1Jo8 GONOf.+*+�'/R D'V C > �l�l� � �$R�E ��, 4. Nacne of Owner: �DRI e Sc� F �L.� Address: 5��' � �l�Pf� L:RI � (��' City_ �/. (�f! uL State: �l �__Zip: $�I(1 Phone Numbers: Business 5. Appellant ! Appiicant (if other than owner): Phone Numbers: Business Residence Cellular � ia- `�1 �f S'� 7d City: Residence Cellular 6 State specifically what is being appealed and why (TJse an aYtachment if necessary): J"�,�- ��l�tCi�6Vi�/u'� I�SOTE: A$25.Q0 filing fee made payable to the City af Saint Paul must aceompany this application as a necessary condition for fiIing. You must attach a copy of the ariginat orders and any other correspondence relative to this appeal. Any person unsatisfred by the final decision of the Ciry Council may ob�ain judicial review by time2�- filing of an action as provided by Iaw in District Cacs[. Date Received: ��F= AUG � � ��. For Of fice Use QnIy Fee Received: Receipt Number: i �� Date of Hearing: Q.(.�.5 /I =a� CITY C�E�s�.. b� -10� a- :� : - : �:,- - = : ° -.:, �� : : - .�, .-� . - .. - � . � � ��.- ---. . �� , ,�. -, The Saint Paul City Clerk's Office advised thai one appeal could be made of both orders. The requirements for compliauce with the abatement order are obviously wholly physically impossible for the homeowner to comply witti m the time provided. This is a case �nere the homeowner has fhe house his grandfather built in appro�mately 1900 just because he bought it from his elderly aunt, with his retirement savings, in 1996 and left her with a life estate, so she would have money to get by on and fhe eity arbitrarily taking the house through condemnaxion or special assessments causes a significant financial hardship for the owner. While the homeownet is not a"landlord", but just a resident homeowner who tried to help a"Mom" he has l�own as a neighbor for iwenty years, with two children, tlris situation came about due to the "tenanP' and it sliould be noted Yhat the owner was in the process of evicting the tenaut, to begin correcring problems, when the city got involved. The homeowner would have evicted the tcnan.t significantly eazlier this yeaz, but in the best interests of the children invotved, waited until the children were out of school. The eviction became effective JuIy 22 and the owner is inhibited from compliance with provisions of the orders due to the State Abandoned Property Statute that requires the owner to keep the tenant's property, fianitiae, clotfiing, dishes, personat effects, etc. for 60 days and give 24 days natice there after before disposing of fhe properiy.. The homeowner spent $7500 upgrading the eiectricity/wiring to code in 2003 and $4000 replacing the fiunace in 2007. July 21, in a phone conversation about an alteged abatement order, that the homeowner did not receive, havusg to do with repair of screens broken by the tenant's children, the Code Officer hecame agitated and accused the owner of not doing wkat needed to be done to evict the tenant and stated emphatically severat #imes that she could not work with the hom�wner. She should therefore should excuse herself from the case, or the city should assign an officer that does not have a precanceived mindset that fie or she can not work with the homeowner. 3uly 24, the Code Officer bragged to the home�owner that she condemns houses and has them torn down and that is her job, and that she wozks with the admiuis2rative judge all the time and can get what she wants. Tuly 24 the Code Oi�icer said she wouid provide a roll off and the homeowner would have a week to clean up. July 25, when it was obvious the roll off wouid not be available until July 28, the code o� -/�� - .,� .,�., . ., �„ ,- ,,. ., . .. ,,. - „- . . .- , :. The homeowner made substantial pmgress cleaning up the second floor in spite having other commitments on July 30 and 31 and additional time was not allowed. T'he notice to vacate is still in effect The rooms in the house that the home owner vses are not and were not "unfit for hiiman habitation" for the homeowner who is frugal by necessity and whose needs are simple and minimURl, It is suggested that to the eatent that window screens and doors broken by the tenant's cluldren and other neighborhood children are an appearance probiem far city, that be handled first and then that the interior of the home, that is not a problem for anyone except the homeowner (cleaning up to afler the tenants and completion of replacement of first floor kitchen and toilet room lath and plaster with dry��vail) be left to the homeowner. It is requested that the Abatsment and Condemna.fion orders Ue voided and that the homeowner be allowed to live in his home and allowed arlequate time for the eaterior repairs and t�at he be allowed keep his home and get on with his life. This is a case where, if the orders are not set aside for o#her reasons, hardship to the homeowner should be taken into consideration due to the circumstances indicated above and the homeo�vners age aztd income. DEPARTMENT OF SAFETY AND INSPECTIONS DNISION OF CODE ENFORCEMENT SUMMARY ABATEMENT ORDER Inspection Date �6 blailed By (iniC) OS - 100490 Yog hais tias koj hais lus Hmoob thiab koj tsis to taub tsab ntawv no, hu rau tus tYhais lus ntawm (651) 266-1918. Nws yog pab dawb zwb. Si usted habla el Espanol y no entiende esta nota, llama (651)266-6008 para un traductor. No costo. Cedric L Scofield 309 Fydmund Ave St Paul MN 55103-1708 Cedric L Scofield Po Box 1 Newport, MN 55055 As owner or person(s) responsible for: 309 EDMiJND AVE you are hereby ordered to eliminate all nuisance condiffons which are in violation of Chapter 45 of Saint Paul Legislative Code. � Remove improperly stored or accumulated refuse including: garbage, rubbish, discarded furniture, appliances, vehicle parts, scrap wood and metal, recycling materials, household items, building materials or rubble, tires, brush, etc., from yard areas. ( remove garbage rubbish from the yard) � Other: Remove all excess storage, rubbish trash from the interior of the house This includes both iloors the norches, and the debris in the basement. If you do not correct the nuisance or file an appeal before August 18, 2008, the Ciry will correct the nuisance and chazge all costs, iucluding bouding costs, against the property as a special assessment to be collected in the same way as property taxes. Charees: If the City conects the nuisance, the charges will include the cost of correction, inspection, travel time, equipment, eta The rate will be approxanately $260.00 per hour plus expenses for abatement. You must maintain the premises in a clean condition and provide proper and adequate refuse storage at all times FAILURE TO COMPLY MAY RESULT IN A CRIMINAL CITATION I.csued by: Paula Seelev Badge Number 364 Phone Number 651-266-1916 ZF you have any questions about tlus order, the requirements or the deadline, you should contact the Inspector listed above, Monday through Friday. Aopeals� You inay appeat this order a�d obtain a hearing before the City Councii by complefing an deadline noted above or seven (7) days after the date mailed, whichever comes fiist. No�eals m Cotteotion OYder with ou anneal appC aCon. with the Ciry Clerk before the appeal *F:`..RIVING Code inspeciion and enforeeme�t trips cost the taepayecs money. If the violations arz not corrected vrithin the time period required in this no[ice, the aty's costs in conduc4ng a reinspection a8er the due date for compliance wil] be collwted from the owner rather than being paid by the taxpayers of the city. If additiona] new violations are discovered wi[hin [he next following 12 months, the aty's costs in conducUng additional inspections at tivs same location within such 12 months vn1l be collected from Ihe owner rather than being paid by the tacpayeis of the city. My such fuNre costs will be collected by assessment agamst the reat property and are in addition to any other fines or assessments whiCh may be ievied against you and youx propzrty. Sa2 p2 60158 03/OS F,PA�R�'NfENT OF SAFETY A1�ID INSPP�TIO�IS Richard Lippert, Manager of Code Enforcement B. Coleman, Mayor 1600 YVhite Bear Ave N Tel: (651) 266-1900 Saint Paul, MN S.i 106 Fax: (651) 266-1926 July 24, 2008 NOTICE OF CONDEMNATION AS UNFIT FOR HUMAN HASITATION AND ORDER TO VACATE Cedric L Scofield 309 Edmund Ave St Paul MN 55103-1708 Cedric L Scofield P.O Box 1 Newport, MN 55055 Dear Sir or Madam: The Deparhnent of Safety and Inspections, Division of Code Enforcement, has determined that the dwelling and premises at 309 EDMUND AVE is "Unfit for Human Habitation". In accordance with Saint Paul Legislarive Code, Chapter 34, Section 23, the premises will be placarded on 7-24-08 and ordered vacated no later than 8-1-08. Your attention is called to the following provisions of Section 34.23, Subsection 6 entifled, "Vacation of Structure or Unit": "Any residenfial structure or residentiai unit which has been condemned or placarded as un�t for human habitation shall be vacated within the time set forth in the placard and/or order. It shall be unlawful for any person to let to any person for human habitation any structure or unit so condemned or placarded, and no person shall occupy the structure or unit after the date set forth in the placard and/or notice." THIS DWELLING SHALL NOT AGAIN BE USED FOR HUMAN HABITATION UNTIL WRITTEN APPROVAL TS SECURED FROM THE CITY OF SAINT PAiTL; DEPARTMENT OF SAFETY AND INSPECTIONS, DIVISION OF CODE ENFORCEMENT AA-ADA-EEO Employer 309_EDMUND AVE � �/63a- Princinal Violations: These deficiencies must be cosected before this condemnation and vacate The interior condirions of the house constitute material endangerment. Both floors aze grossly unsanitary and due to all the excess storage and clutter it is a potential fire hazard. 2. There are several floors covered with trash, garbage, soiled dishes, household items and other debris. 3. All three porches are fu11 of excess storage, trash, garbage, tires, etc. 4. The kitchen sinks are overflowing with dirty dishes. 5. The exit and entty doors and egress windows aze blocked with debris, furniture etc. 6. There are several extension cords on the floors. The downstairs bathroom is lacking a sink, part of the floor, and the walls are unfinished. 8. The downstairs kitchen walls and ceiling have been torn apart and there is exposed electrical wiring. All work being done without permits. 9. The basement stairs are improperly installed and hazardous. 10. There are broken windows on the house. 11. Due to the number of deficiencies, a Code Compliance Inspection will be required before a Placard Lift will be issued. Other Violations: These deficiencies must be corrected in order to bring this property into compliance with the 5aint Paul Legislative Code. 2. The window andlor door screens aze missing, defective or in a state of disrepair. Provide proper window and door screens for all openable windows and doors. Screens must be tight-fitting and securely fastened to the frarues. 3. The doors and siding on the shed in the reu are deteriorated. 4. There are several bags of garbage in the rear yard and no trash service. Authorizarion to reoccupy this/these dweiling unit(s) will not be given until it is demonstrated that all principal violations have been conected and that no new conditions exist which could constitute material endangerment or which ttireaten the peace, health, safety or welfare of the occupants of this building. All repairs and new installations must be made in accordance with the appropriate codes. Pernait information may be obtained from the Building Inspection and Design Section, 8 Fourth Street, #200, Commerce Building, (651) 266-9090. You may file an appeal to this notice by contacting the City Cierk's Office at (651) 266-8688. Any appeal must be made in writing within 10 days of the date of this notice. It is the responsibility of the property owner to keep all buildings secured and to properly maintain the premises at all times. uhh601G3 9/07 - -- -- -- .— __ ___. ' crrnre�r�irig s ma er, p ease contacfthe Irispecfo"r, Seeley, at 651-266-1916. To arrange an appuintment or request an extension of time to cornplete repairs, you will need to speak directly to the inspector. �p � �� RICHARD LIPPERT Richazd Lippert Manager of Code Enforcement ps c: Community Stabilization Project HALO - Southern Minnesota Regional Legal Services \\will:e\Amanda�DSI-COde\Templates\vhh.dot AA-A�A-EEO Employer File #: Folder Name: HP District: Property Name: � � ra� �" �� ;�:.e'�'`°' � �` ` rd � 2 July 24, 2008 08 -100490 309 EDMLJND AVE Date: July 24, 2008 File #: OS -100490 Folder Name: 309 ED1VIiJND HP District: /� Property Name: ��j � f (�� . /�� ... ., r�� ( .F / � � r 1 } t � I�� , �� .y� `- �� ' j f� , � " ,� ,,• �, , ` � � ` +�s , �_= =-- � _,.�. _ ,; _ �-'�..� -- � �.. . � , — .___�.,,_ ��; + �° , � t � �, � C F J. � rv \ L py ` � . �` �'. "r� •. �. t� �. '�"` y � Y. 'n(,, '. �' �� \ �@ ��y . k � 0T \ ' � � }�� s � � � � 5 *� ";� � �� „ , � � �"� °,, �: � ' � '°v��' �� , . .. . , , ri.., . � �- �� ,;. �s ;. � �� ' ,�' �. ' � {. � � � x � ,� �� ` `' � ° ` �:: �ry � � '�' ;"i n � x �� . a� �� n �`� ' � '; ..,�.. - � , I r.; �' Z � `".��,-,. �,-!��' " � � � ` � �~ c�'- ..a � < �` n` � .t •g � �Y L�� S .- ,�@tivlj� • � n � a r +�- � .�" ` '-�-�. a . . . � ' . ' : m.._�s � �_ > , f �� ;� �F f .... �,.�� p � ITa�e: July 24, 2008 File #: 08 - 100490 Folder Name: 309 EDMUND AVE HP District: �,p�!/��, Property Name: W � U �; � � �/✓�'e�' °� p � t ,��.„.� �- File #: Folder Name: � n�s�-��t: �g,�0� a-- Property Name: � �� r � �� '�' ��9�v 5° . ';-=.� Juty 24, 2008 08 - 100490 309 E DMLJND AVE �: �_;�; File #: FoTder Name: $P �1SiT1Cf: o7�i�b�(/ Property Name: v t � ; `� ��, } � ✓ -%?'7 1 �''✓e.c'E ° ✓^^ - �- f , � � � t f �.!`a'+,.�i'.i./.o� �{, f `��` � ,!?/'l�r ;.:",� �` ��`�`'" U ot 3 y P.,' ' f u dU�)' 24� Z00g 08 - 100490 309 EDMi3ND AVE Date: July 24, 2008 File #: 08 -100490 Folder Name: 309 EDM[TNA AVE HP Disttict: � f �2� Property Name: �l N h� File #: Folder l�ame: 3uly 24, 2008 08 - 100A90 309 EDMUND HP District: � Property Name: �j� � �� f; � 1��-� �.. L -,"`�` ,�� Date: 3uly 24, 2008 I3P District: File #: 08 - 100490 Property Name: � � a�J � Folder Name: 309 EDMITND AVE � J �� r 1 � � "°'�-/ ugu� Legislatiae Hearing Minutes f �p �� .. Page 7 U� 4. Appeal of Cedric Cedric Scofield, appeliant, appeazed. Ms. Seeley stated that the Police were called to the property on a 911 call and found the building to be gross-unsanitary, the porch was full of trash, there were rodents, there was no ttash service, there were broken windows. The Police referred the matter to Code Enforcement and an inspection was conducted on June 26, 2008 and a correction notice was issued with a compliance date of July 11. The property was re-inspected and found not to be in compliance so a bill for excessive consumprion was issued. She had sent out another appointment letter and the owner cancelled the appoinhnent. She then issued a summary abatement order, condemnation order and order to vacate on Iuly 24. The owner was a ven until August 1 to clean out the property and come into compliance with the orders or he would need to vacate the building. She also noted that he had been doing work without a permit. She said that she had also contacted Kay Wittgenstein who provided a dumpster for him. She had not been back to the property to inspect the property since the owner filed the appeal. She presented photos of the interior of the house. Mr. Scofield read a statement into the record which is attached and made a part of these minutes. Ms. Moermond called Mr. Scofield up to the table to explain the photos. She asked Mr. Scofield how long he had lived at this property. Mr. Scofield responded that he had laved there approximately four and one-half years. He was trying to help the tenant out after her husband had left her and their children. The tenant had not paid rent in three years and he finally had her evicted. He agreed that the house was a mess; however, he asked if he could live there so he could clean it out as currently, he was sleeping in his car. He also said that since he can only work between 8:00 a.m. to 8:00 p.m. he wasn't able to get much work done as he was old and tired easily. Ms. Moermond stated that from looking at the photos, the conditions constituted a gross-unsanitary nuisance and she had a great concern that if there was a fire, how anyone would be able to egress the building. She suggested that the City could do the clean out of the house which would result in approximately a$5,000 assessment which payments could be spread out over time. Ms. Moermond recommended denying the appeal on the Summary Abatement Order, the Condemnation Order and Order to vacate. She recommended granting an extension to complete the clean out of the interior of the house to Friday, August 22. She also indicated to the appellant that he may be at the property to do the clean out from 7:00 a.m. to 9:00 p.m. � the Abatement, Condemnation and Vacaxe Orders involviug 309 Edmund Avenue. T'he Enforcement Officer's theory, aliegarion or conte�ion that the conditions in the hause cc3nstitute "material endangeimenY' or a`�oteutial fire hazard" are conjecture thaS do not justify j�e�ea� the Condemnation Vacate Order or the urgency of the Abatement Order. The violaEions stated in the orders are wrong andlor �aggerated. "T4aerefore, the Enforcement Officers comments are appazenfly agenda driven, fear mongering, hyperbole that just has to do with theory and have no relevance to reality in tke case.. While the homeowner has noY l�ad access to any evidence that may be presented at the hearing, as is necessary for the hearing process to pass any due process test, the owner contends that there are not enough facts or evidence to support the alleged violations to }ustify the Condemnation and Vacate Order, or the extent. or urgency of the Abatement Order and that the history and expsrience of the property demons�rales thaY the conditions do not consfihrte "materiai endangerment" or a"poteatial fue hazard" ar"Unfit far Human Habitalion." The so called "Vaolarions" involve matters that are not idsntified in Ciry Codes 34 and 45 that ident9Fy more seriaus matters foz which the Enforcement Officer "may" issue Condemnafion and Vacate Orders. 'The term, "Unfit for Human Habitation" in the Condemnation and Vacate Order, is hyperbole that has no validity as to the owner who has been just fine there for years and is not a terni involved in Code Ctiapter 34 and 45, which are the stated authorities for the orders. The Condemna#i.on and Order to Vacate is aL best wimter productive W the City's Public interests in geaeral and as stafed in the codes because it inl�ibits that homeowners ability ta correct Yhe conditions the City is concerned about, and is devastating to the homeowners health, safety and welfare. The evicted tenaats and the owner have not �perienced any health, safety or welfaze problems. '1'here are housekeepntg problems to be resolved, primarily due to tenants that received an eviction notice dated 3une 20, 200$ aud were gone Juty 22, 2008_ The C� �" the City got invoived. necessary to improve the housekeeping before The only occupant in the fiit�se of the current ownetship will be the citizen home owner. The only health, safety and welfaze problems for tke homeowner are the Condemnation and Vacate and Abatement Orders t.hat are devastaiing to the homeowner's health, safety and welfare_ It is devaskating to the fieatth, safety and welfare of the almost 70 year cif3zeri� homeowner to do the work necessaty, in August heat, to try to comply with some of the impossibie requirements of the abatement order and deal with stress due to the orders. The "1.", under "Principle Violarions", is a vague, ambiguous generality, and not supported by the facts. The July 22, 200& eviction of tenants results in significaartly less of a potential fire hazard than there has been in years, during which thete has not been a fire. The Condemnation Vacate Order significaatly increases the poterniat fire haaard because it does not allow the home owner to be home in a neighborhood where there is an abundance of vandais, thievas and vagrants. i he »nca„itary goor hyperbofe is, at best, curious. There is a reason why people do not eat off the floor. It is because floors are, by nat�ae, u�tsanitazy. 'The only garbage in the house was a loaf of bread thaz had mold on at on the upstairs kitchen table and severai dishes and drink containers with unfinished food and drink and a few Uungs in the kitchen wasEe basket where they belonged. The En£orcement Officer's fust sud or�ly glance at the time of inspection, after she decided tltat she could not work with-the hom�wner, did nat zecogpized that, the "irash and ctebris" is a very minor part of ihe acaramulation of personal properiy, ciathes, knick l�acks, televisions, i�edding, personal properiy, tha# the Minnesata Abandoned Properiy L,aw requizes the homeowner w keep for the evicted tenant b0 days after Juty 22, plus a 14 day notice and time for disposaUaction. Etc. When the F,nforcement Office did Yhe inspection, two days after the tenants depariure, the disorder of te�nt's personal property had been made worse by the tenant's hasfy effort to � .� o�� )o�� ; ,-�a .:.ti,:� - .;� ��- -� t �- t-, �- .- ,�. . ..- . •.� -• ,� . .:, . . It sounds like the evicted tenanYs brother will rent storage space for property the teuant wants to keep so the hameawner can get rid of the resk Gmrently the evicted tenant is required to be with her children 2417 at the emergency sheiter and can not work with the homeowner to let him l�ow rovhat can be tbrown axit The homeowner admits fo the normal, safe use of ea�fensian cords. - VJhile the tenant shoutd have washed the clishes, the owner contends that the kitchen sink is the best place for diriy dishes, that haue now been washed. The broken windows involve vandalism to the back goreh where windows and doors are not necessary and can easily be repaired. The home cousists of two floors. There is a front room, center room, side room, kitchen, and toilet room, adjacent to the Idtcfien, oa each flaor. Tlte upstairs toilet room has a bath. The Enforcement Officer's hyperbole fails to note that the first floor center room and side room, which are the rooms occupied by the homeawner, are orderly. The first floor kitchen situatian is an improvemeat which is a wozk in progress, The broken plaster and old Iath has been removed so it can be replaced with dry wall. The down stairs bathroom is a�# of the kitchen improvemeni work in progress. It never had a sink. The only sinks in the house were #he kitchen sinks. The homeowner's grand father, who was a career St PauI poiice officer, raised nine c�ildren, incl�ading the homeowner's mother, in the house just fine with no sink in ttte firsE floor tozlet room. Two of the home owners aunts lived ta be ages 88 and 95 in the house without a sink in the toilet room. If the entry and exit doors were biocked, as the Enforcement f7fficer's hyperbale states, no one couid get in or aut. The occupants mmd athers got in and out just fine. It is true that adjacent to the doors there were items that resirict the area and could be a problern in � �.. � The basement is not a living area of the home. "Fhere is an outside entry and exit door to and fzom the basement The inside stairs aze jenerally not used, and therefore are not a real problem. They will get some repurs that are associated with the improvements heing made in the kitchen. The homeowner implores the Hearing Officer and Council to: 1. Provide the homeowner with relief from the Code Enforcement Officers unnecessary Condemnation Vacate Order that is counter productive to the City's i�erest in improvements to the property, creates a potential fire hazard that did not exit and is devastating to the homeowners health safety and welfare. 2. Provide retief from the Abatement order Uiat is impossibie for the hameowner to comply with 3. Make a zational, realistic analysis of #tus matter and reatize that there is no "materiai endangerment" or a"potential fire hazard" or olher danger that justify the Condemnation Vacate Order or urgency of the Abatement Qrder. Those allegaiions aze theory that have notbing io do with reality in tlus case 4. Recognize that the eoncem of City Code 45, which is the agpiieahie code identified in the orders, is staxed to be that of ".... the public peace, health, safety or sanitary condition of the ciry or wIueh is offensive or has a blighting influence an the co�nunity....", and those matters aze nat effected by Ehe interior of the home. 5. Recognize that the Conden�nation and Vacate Orders, aze overkill and counter productive to the City's interest in tUis case because they inhibit the homeowners ability to take care of the property and do amprovements and are dubious because the reasons involved are not the more serions probiems identified in the city code which says that the Enforcement Qfficer "may" issue fke orders. 6. RecogLUZe that not hauing #he home to live in is harmfiil to the health, safeiy and welfare of the homeowner. 7. Coasider the homeowner's age, almost 7Q, and incame, social security aad a small pension, recognizing that in 1996 the komeawner spent retirement savings helping lus elderly aunt by purchasing the home aad now needs to try to get what value he can from the home and allow him time to investigate programs like I-IALO, which reportediy helps Iow income senior citizens with home repairs. 8. Recognize that the work and August l 8 deadline of the abatement order would be a `-t Og�� owner has recently obtained long sought employment needed to supplement his income that requires him to work 12 fioUrs a day many weekends until the end of year including August 8, 9, IQ aad 15, 16, and 17 thaf further prevents him doing work identifed in the Abatement Order hy Avgust 18. 9. Recognize that, due to the evicfion of tenants that caused most of the housekeeping probiems, any potential fue hazard is less than it has been foz years during wiuch there has been no fire and that in the neighborhood involved, with an abundance of vandals, thieves and vagrants, the Condemnation Vacate Order si�ificantly increases the fire hazard if the owner can not be there at night. °- 14. Recagnize that there is no nced for emecgency urgency in doing the work discussed in the abatement order. I 1. Reco�;�e that due to the Code Of�icers mindset, that she could not work with the homeowner, prior to the inspection and angry, zealous, hostile, conteutious, combative demeanor in this case, the ethical and practir,al decision would be for the city is to assi� a different Code Officer.. 12. Recognize that, if the City andlor the Enforcement Officers agenda is not to tear down the home, then the Orders are aot only a formula for failure for the homeowner but also a farmula for faiiure for the City. Thank you for your consideration of these matters. Respectfully submitted, Cedric Scofield 349 Ecitnund Avenue Saint Paul MN 55103 � ---- Sheet Green Sheet � -�om�� `�:��,F3 Green Sheet NO: 3058640 ConWCt Person & Phone: Marcia Moermond 6-8570 Must Be on Council Agen Doc.Type: RESOLUTION E-DOCUment R¢quired: Y Document Con1aM: Mai Vang Contact Phone: 6-8563 � veoartmena aem �o rcrsun U onacil Assign 1 onntil D ar4oent Director Number Z � Clerk LtiriClerk For Routing 3 Order 4 5 ToWI # of Signature Pages _(Clip All Lowtions for Signature) Resolution memorializing Ciry Council acfion taken Augus[ 2Q 2008 denying the appeal and granting an extension to Augus[ 29, 2008 to complete [he clean-out of the interior of the house at 309 Edmund Avenue, per the recommendatio� of [he Legislative Hearing Officer. �aatlons: Approve (A) or K Planning Commission CIB Committee Civil Service Commission t. Has this personlfirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No Expfain aii yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Adva�tages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Infortnation: (Explain) CosURevenue Budgeted: Activity Number: September 4, 2008 825 AM Page 1