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08-1075Coancil File # �' ��7� Green Sheet # 3059678 RESOLUTION OF SAINT PAUL, MfNNESOTA /d Presented by 1 2 3 4 5 6 7 8 9 10 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing record and testimony heard at public hearing on September 17, 2008 hereby memorializes its decision to certify and approve the September 2, 2008 decision of the Legislative Hearing Officer for the following address: ADDRESS 1446 Minnehaha Avenue West APELLANT Mitchell Berg Decision: Appeal denied and extensions granted to October 31, 2008 and June 15, 2009. Adop,tiarrCE�4ified By: __Yw'�^ Date Requested by Department of: � Form Approved by City Attomey B Form Approved by Mayor for Submission to Council �y: — — � Adopted by Council: Date \(� —\— ZQ�'j� � Green Sfieet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �s-16�5 CQ - Council ConWct Person 8 Phone: Maroia Moermond 6-8570 Doc. Sype: RESOLUTION E-Document Required: Y Document ConWct: Ma7 Varvg 19-SEP-0S �► Assign Num6er Por Routing OMer ContactPhone: 68563 I , Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3059678 0 nnn7 ] onnc� arlmentDirectar 2 ' C7erk Ll C7erk 3 4 5 Resoluqon memorializing City Council action taken September 17, 2008 denying [he appeal and extensions granted to October 31, 2008 and June 15, 2009 for property at 1446 Minnehaha Avenue Wesy per the recommendation of the Legisla[ive Hearing Officer. Planning Commission 1, Has ihis persoNfirm ever worked under a contrect for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separste sheet and attach to green sheet Initiating Probfem, lssues, OppoAunity (Who, What, When, Where, Wfiy): Advantages If Approved: Disadvantages If Approved: Disadvantages if Not Approved: Transaction; Funding Source: Financial infortnation: (Explain) Activity Number: CostlRevenue Budgeted: September 19, 2008 2:58 PM Page 1 ,° ,,, o, a ' r + ne�liu . � o ,,,,a i: : P August 29 2008 Mitchell Berg 1446 Minnehaha Ave. W. St. Pau1, MN 55104-1�90 RE: 1446 Minnehaha Ave. W. Dear Mr. Berg: CITY OF SAINT PAUL c1� cLE�°s or�cE bS � (�7/� Your application for an appeal has been received and processed. This letter is to confirm my telephone call to you with the date and time of the hearing. Please attend the public hearing before the Legislative Hearing Officer on Tuesday September 2 2008 at 10:00 a.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officer will hear ail parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, e� � �1�� ( Shari Moore City Cierk cc: Paula Seeley, DSI Code Enforcement Inspector Richard Lippert, DSI Code Enforcement Manager Marcia Moermond, Legisiative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVARD, SUTTE 310 SAINT PAUL, MINNESOTA55102 Te1:651-2668688 Fae:651-266-8574 wwwstpaul.gov AA-ADA-EEO Employer VU � /��� APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota 5�102 Telephone:(651) 266-8688 RECEIVEC AUG 2 9 200� ctr c���K 1. Address of Property being Appealed: 2. Number of Dwelling Units: 3. Date of Letter Appealed: � lY(C W. � 1NNL`�'iilyl , i�l✓L� — �(��i �'a � 1'��1'"L.— !✓'�'r YZ.�) V{17 / 4. Name oi Owner: �` R m'�' �� N� S Addtess: 1�{Y'� �^'�("� In�NntfirJ�' City: � " State: 'Vl `✓ Zip:c'-'—�� r �' ov PhoneNumbe : usiness �� ���a Residence �3 �U� Celiular �t� ° l L � �� �; ! Signature: 61 �� 5. Appellant / Applicant (if other than owner): Address: City: State: Zip: Phone Numbers: Business Residence Cellulaz Signature: 6 State specifically what is being appealed and why (Use an attachment if necessaryj: i- h,� r+v ��`�'�l �('a. CrINnT w � �.� 7�-/ n.0 %7 C c,j fi' t/n c�zr r s s��p g y in-s v�� �fi ✓L �rutic- Sc ur G 4✓ �' a�, ll'i� � o�ftG' �'/n�Cy' ��Tffofr✓lG '� U�r -f-.�-� n� '/dE L w?S ltiG t'+tf f�',"' t� �� s'� w, rl, r^ `� 5 i:.� � 5 i7� � tif} �vi: t' �i � /fS �'ii� ?V �Or f hu� '/'° � S'f ��L^� ± 1�% m� ivOl�/C I c�{31i" f"` � L o/t/(' NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accompany this application as a \J necessary condition for filing. You must attach a copy of the origmal orders and any other correspondence relauve to this appeal. Any person unsatisfied by the final decision of the City Council may obtain }udicial review by amely filing of an action as provided by law in District Court. For Office Use Only Date Received: Fee Received: Receipt Number: Date of Hearing: Rev�sed 4/25/2007 �✓ t'� DEPARTMENT OF SAFETY AND iNSPECTIONS� __ RichardLrppert, ManagerofCodeEnforcement LO'��75' CITY OF SAINT PAUL Christopher B. Coleman. Mayor 1600 Whrte Bear Ave N Tel: (6.i I) 766J900 Saint Paul, lvni � 5� 106 Fax (6� 1/ 266-1926 August 27, 2008 NOTICE OF CONDEMNATION AS UNFIT FOR HUMAN HABITATION AND ORDER TO VACATE Mitchell P Berg ]446 Minnehaha Ave W St Paul MN 5 5 1 04-1 409 Dear Sir or Madam: The Department of Safety and Inspections, Division of Code Enforcement, has determined that the dwelling and premises at 1446 MINNEHAAA AVE W is "Unfit for Human Habitation". In accordance with Saint Paul Legislative Code, Chapter 34, Section 23, the premises will be placarded on 8-27-OS and ordered vacated no laterthan 8-27-08. Your attention is calied Yo the Pollowing provisions of 5ection 34 �3, Subsection 6 entitled, "Vacation of Structure or Unit": "Anv residential structure or residential unit which has been wndemned or placarded as unfit for human ha6itation shall be vacated within t6e time set forth in the placard and(or order. It shall be aniawful for any person to let to any person for human habitation any structure or unit so condemned or placarded, and no person shalt occupy the structure or unit after the date set forth in the placard and/or notice." THIS DFVELLING SHALL NOT AGAIN BE TJSED FOR HUMAN HABITATION UNTIL WRITTEN APPROVAL IS SECURED FROM THE CITY OF SAINT PAUL; DEPARTMENT OF SAFETY AND INSPECTIONS, DIVISIQN OF CQDE ENFORCEMENT AA-ADA-EEO Employer 1446 MINNEHAHA AVE W Page 2 68'1��� Principal Violations; These deficiencies must be corrected before this condemnation and vacate order will be removed. 1. The interior of the house constitutes materiat endangerment. The entire house is grossiy unsanitary. There is garbage on the floors and piles of soited clothing, torn apart fumiture. etc. 2. The sink, stove, and refrigerator are covered with grease, and soiled on food, etc. 3. There is evidence of a rodent infestation. Tmmediately exterminate and eliminate all rodents from the entire building. Remove rodent harborages in the yard areas. Tuckpoint the foundation if necessary to rodent-proof the building to prevent re-infestation. Immediately remove any dead rodents from the premises. (mice) Smoke Detector: Lack of properly installed and operable smoke detector. Provide functioning smoke detectoxs in accnrdance with the attached requirement, within 24 hours. 5. The cat litter boxes are overflowing with cat feces. 6. The cabinets underthe kitchen sink are deteriorated. 7. The doors on several kitchen cabinets are missing. 8. The kitchen floor covering is deteriorated. 9. There are several walls and other household items covered with graffiti, and paint. 10. There are broken windows on the house. 11. A through inspection was not possible due to all the debris and filth. Before the condemnation will be lifted an inspection will have to be made. Other Violations These deficiencies must be conected in order to bring this property into compliance with the Saint Paul Legislarive Code, 2. The window and/or door screens are 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 frames. 3. 'rhe front porch floor is deteriorated. 4. The eaves and soffits are in a state of disrepair or deterioration. Repair al] defects, holes, breaks, ]oose or rotting boazds, to a professional state of maintenance. Permit may be required. 5. The exterior trim of the house has defective, peeled, flaked, scaled or chalking paint or has unpainted wood surfaces. Scrape and repaint to effect a sound condition in a professional manner. SANITATION: Immediately remove improperly stored or accumulated refixse including; garbage, mbbish, junk, vehicle parts, wood, meCal, recycling materials, household items, building materials, rubble, tires, etc., from yard. The Saint Paul Legislative Code requires all exterior property areas to be maintained 'an a clean and sanitary condition. Usable materials must be stored in an approved manner, so as not to constitute a nuisance. uhh60103 9/07 d�'��'7�" Authorization to reoccupy this(these dwelting unit(s) wil] not be given until it is demonstrated that all principal violations have been corrected and that no new conditions exist which could constitute material endangerment or which threaten the peace, health, safety or welfare of tbe occupants of this building. All repairs and new installations must be made in accordance with the appropriate codes. Permit information may be obtained from the Building Inspection and Design Section, 8 Fourth Street, k200, Commerce Building (651) 266-9090. You may file an appea] to this notice by contacting the City Clerk's Office at (6�1) 366-$688. Any appeal must be made in writing within ] 0 days of the date of this notice. It is the responsibility of the property owner to keep ali buildings secured and to properly maintain the premises at al] times. If you have any questions concerning this matter, please contact the lnspector, Paula Seeley, at 651-266-1916. To arrange an appointment or request an extension of time to complete repairs, you will need to speak directly to the inspector. Sincerely, RICHARD LIPPERT Manager of Code Enforcement ps c: Community Stabilization Project HALO - Southern Minnesota Regional Legal Services \\w�ll�e\Ama�tla\pSLCOde\1'emplates\uhh.dot AA-ADA-F.WEmployer ,� � ��� _ �� x � _ �-_- 4;_, : �`'� = - . . �. . ' - .. . .. , .� , ._ : . . .. . . � -. .�. ` � . . . . . - . .. _.. ' \ � .. - � '_. . _ . ;� � . : u� ,-��, ,, � _ .. 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Appellant Mitchell Berg appeared. Ms. Moermond stated that, based upon her reading of the file and information from City staff that Mr. Berg has contacted, it is her impression that Mr. Berg's primary concern is avoiding the registered vacant Building Program. Mr. Berg stated that his goal during the hearing was to have the condemnation and order to vacate lifted in order to auoid the registered vacant building program. Ms. Moermond clarified that the condemnation in this case is a public safety condemnation and not an eminent domain condemnation. Mr. Essling stated that police were called to the property on August 26 on a report of a missing person. Police called an inspector who found unsanitary and hazazdous conditions and condemned the house with an immediate order to vacate. The inspector was not able to do a complete inspection due to the hazardous conditions in the house. Mr. Berg and the inspector are meeting at the property at 1:00 today (September 2) to complete the inspection and review the violations. Mr. Berg stated that he is a single father with two children, one of whom has been diagnosed with oppositional defiance disorder. The son with ODD has vandalized and destroyed many areas and items in the house. Until recently, Mr. Berg had a mortgage that made it financially impossible for him to keep up with maintenance on the house. The mortgage has been modified and is now more manageable. Mr. Berg does not deny the findings of the inspection and stated that, with the help of neighbars, he has corrected all of the primary violations with the exception of the broken windows and kitchen tile. He stated that there were items in the attic that belonged to his ex-wife and that he guessed would eventually need to be cleaned up. He stated that his children were staying with their mother but that situation was "dicey;" he asked that he and his children be allowed back into the house and that he be given more time to complete the repair of the windows, kitchen floor and attic clean-up. Ms. Moermond asked Mr. Berg whether he had beds for the children. Mr. Berg stated that he had a mattress for his daughter and was working on getting a frame. He said that his son would continue to stay with his ex-wife, but that he was looking for a mattress and frame for him too. Ms. Moermond recommended conditional occupancy with staggered deadlines for completion of the remaining items. She reminded Mr. Berg that her decisions today might need to be modified based upon the outcome of the 1:00 meeting with the inspector. Ms. Moermond suggested Halloween as the deadline to complete all items in the inspection including the windows, door screens and porch floor. Mr. Berg stated that completion by Halloween would be financially difficult, especially the eves and soffits, and the porch floor, depending upon the extent of repairs required for the porch floor. He stated that the porch floor boards were "springy" and that the edges were frayed. Ms. Moermond and Mr. Essling suggested that Mr. Berg discuss the porch floor repairs with the September 2, 2008 Legislative Hearing Minutes Page 8 inspector to detemune the minimuzn repair required. b8'1�b7� Ms. Moermond asked about Mr. Berg's future financial situation and his ability to complete repairs. Mr. Berg stated that he would be getting a bonus from work and a tz�c refund. Ms. Moermond recommended an October 31, 2008 deadline for every[hing except the eves and soffits, and a June 15, 2009 deadline for those two items. She reiterated that her recommendations were subject to change based on the outcome of today's inspection. The hearing was adjourned at 12:00 p.m.