08-1075Coancil File # �' ��7�
Green Sheet # 3059678
RESOLUTION
OF SAINT PAUL, MfNNESOTA
/d
Presented by
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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
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Form Approved by Mayor for Submission to Council
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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
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Num6er
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Routing
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ContactPhone: 68563 I ,
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3059678
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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
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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
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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
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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�
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1. Address of Property being Appealed: 2. Number of Dwelling Units: 3. Date of Letter Appealed:
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4. Name oi Owner: �` R m'�' �� N� S
Addtess: 1�{Y'� �^'�("� In�NntfirJ�' City: � " State: 'Vl `✓ Zip:c'-'—��
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PhoneNumbe : usiness �� ���a Residence �3 �U� Celiular �t� ° l L � ��
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Signature: 61
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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:
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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.
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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
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September 2, 2008 Legislative Hearing Manutes ,� p,/D -� � Page 7
UO
3. Appeal of Mitchell Berg to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 1446 Minnehaha Avenue West.
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.