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08-1096Council File # �� ' �D�(/' Green Sheet # 3059980 RESOLUTION 41NT PAUL, MINNESOTA Presented by � 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 2 September 2, 2008 decision of the Legislative Hearing Officer on the Appeal to a Certificate of Occupancy 3 Revocation for the following address: 4 5 Proaertv Appealed Aanellant 6 7 793 Masnolia Avenue East Richard Stuke 8 9 Decision: Appeal denied and extension granted to October 8, 2008. 10 Boshom Carter Stark Thune Adopted by Council: Date �i Adoption Certified by Councii Secretary By: Approved ay . Date � /,3 � By: Requested by Depar[ment of: � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � bg�ldqlo CO -Council ConWCt Person & Phone: Marcia Moermond 6-8570 Must Be on Council Agen Doc.Type: RESOLUTION E-Document Required: Y Document Confact: Mai Vang Contact Phone: 58563 25-SEP-0B � Assign Number For Routing Order Total # of Signature Pages _(Clip All Lowtions for Signature) Green Sheet NO: 3059980 0 omcl 1 oonc0 De artment Direcror 2 ' Clerk Ci Clerk 3 4 5 Resolution memorializing City Counci] action taken September 24, 2008 denying the appeal and extension granted to October 8, 2008 for property a[ 793 Magnolia Avenue Eas[, per the recommendation of the Legislative Hearing Officer. Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm 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 separate sheet and attach to green sheet lnitiating Problem, Issues, Oppodunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial I nformation: (Explain) Activily Number. CostlRevenue Budgeted: September 25, 2008 3:29 PM Page 1 F ` °a� e � ��I" E�m August 26, 2008 Richard James Stuke 793 Magno{ia Ave. E. Saint Paul, MN 55106 RE: 793 Magnolia Ave. E. Dear Mr. Stuke: CITY OF SAINT PAUL CITY CLERK'5 OFFICE Your application for an appeal has been received and processed. a�� 6y� Please attend the public hearing before the Legislative Hearing Officer on Tuesday, September 2, 2008 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officer will hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, � ��2� d %� �`�-�% Shari Moore �� City Clerk cc: Mike Urmann, DSI (Fire) Phil Owens, DSI (Fire) Leanna Shaff, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUL, MINNESOTA55102 Te1:651-266-8688 Fax:651-2668574 wwwstpaul.gw AA-ADA-EEO Employer (�K'1 �F APPLICATION FOR APPEAL ''�G��Fo Saint Paul City Clerk �`r� 2p p8 1� W. Kellogg Blvd., 310 City Hall c�F Saint Paul, Minnesota 55102 � Telephone: (651) 266-8688 1. Address of Property being Appealed: �y� �,��,� .�� ST. O/�'�s. , /�92! SS'�O� 4. Name of Owner: -�h� rGR� -- SE_F vvE Aclflress: U/dKfi/b�� city: ��i��G��' s�te: Phone 3. Date of I,etter Appealed: RElivCisr�oru i�vT 0 9-cx -c�° (��//�/YGlv11/ Residence �/(�l�n�� Cellular 5. Appellant / Applicant (if other than owner): �1 �G'f �.�/�7�5 ' s7` �/� �� 7 TF_Nrriivt_--f/SP�s c��SE-G Address: ��311 i4�� City: �g/�/T Pf�U.� State: �/�l Zip: ss��° Phone Numbers: Business ��Q�� Residence Cellular Signature: /� lC�G,=tv''r�t ��S-� cs�2.c�' �-�' 6 State specifically what is being appeated and why (Use an attachment if necessary): �L� ! /�E Fi� �h�G �C� � a Ss �o CT�i,�.v � y �'i�i� � °° -/�c � i/�� voc,�rici-� ��o��cL �c5�-�s -0�,� �1�'T�/v s. /� � a�sPG� i � �d� �G - ��/SP�� .� � �ro�i� d�! oF /-3� �c �F l`��a—c: 2. Number of Dwelling � 0 U/7/ /Jf, a��hi r ) lS �I✓CD�nP��7� �i,U� /"�iYOt'xl� �,Y�S&/ %iGh'rdz5 � /�/� /9�T� 55/aiv.�� , P�n/�JihfG ; ST, f'FtL<- N�'f�t�h �iU/J!/VL Uioi1/ OUi � y-� i f �h! !� (lnlS�E� I�t17`s �1-f � `' ..c�n-c�nn � / c'f�..�-�� // l,�`-'---z �. �-n i v .z , NOTE: A$25.00 iling fee made pa able to City of Saint Paul must acco any this applicauon as a�� T ❑ecessary condition for filing. You must attach a copy of the original orders and any other correspondence relative to this appeal. Any person unsarisfied by the final decision of the City Council may obtain judicial review by timely filing of an action as provided by law in District Courc. Date Received: Far Otfice Use Only Fee Received: Receipt Number: Date of Hearing: � ��--�� I°3� 3O J ��t'!U� f TT�c�i�i�n�T -� �jg �IO�Cp �'� � �/1� Q/ SA�3<. � � . % H/� �vo�ri�/ /.c� 'riU si�f�.�� s Tf�,� f/ 13b�� /5 C�i56�8� � p��/�//J /�� .SOi!/ hliiEf i✓o �'il�� F�s� rU � o G�h./3��`/ �I�f�".�� y.�� /�sT �v�s .1;P�n 56�n� wr��at� ��"� /)l�5 /1o/hi� <s6h��:H��6 f/ni0 w � �.��e sa�v � n-� �� Jd /Ub i 51�� %� rU ,�y� � ofY ffYYl/�i`✓�: �� A N�<1R �h« i s�'�'�o � n 7'0 !�1 s�vss �4) T�i� c��ar. o� ,—H� gG«a��G, CbJ � �� lt'D�.�s S5 � B�t�/6 %�/�' f3U/�DIiY6 1 �J �GCJ �� 02 �C) % h'� P,�D�,�SS %1� T,�A� � T G�i�il� �iff/c�i crjov� ��3/z t� ssa�inz � 5 -,� 7 CT�i� �3rr<zA�i✓c� is svo r �3.�/J � �� s��;�o�, ; � ��a�� ,�.��,� ;��.� �,� - 1 hss� , ��r�a�i Tc �°h'bv�r��. %`i� i �F�PFfi5,�3t,� Fi3e.� c�' �i cyrahi ..,�✓s' ��0 7 ��1 /� t�,� � �UJR �'1/�/G J r1s i C T�i� �7 UI1, D�h/ �'� s L�.T�.�� T TC� G" /,',� Fb O F-' P�ST O�v�E� S ,Cl/s �ly�',��2 - h�,�c�,�'�,— C%�� 5'� T� � �, G.� P.2�n.�e�,,n �j° ° . p , � � � °� � � F.�/1�. �'�+d °'t `�" '�'' �°a % s��2 a/Sf�.E'/�` � �� -� /a/�- �v m ��T.�nir oz � ,,�,-, .,� _�-a.�.� ��,.�.:.�.� � L� � � ��rc� f�z� . %b1 ivsoEC: T ��f 1C /a7, `f v �� L/ � �� i�� G��' L �� T"� G�� '�� P�'��- � r �� j�� t�� Tl��i �a � ,,/ _ - � �G �a�� W V — � 0 � - � � � � O LL � a� .= a oc � � �. � V O � � � .V �- ._ i U a� � I-- � _ ■� � ._ m .y � O � � i.. O V �^ i�. C) 0 a� s H � � � M � li � W � i � ._ � � � m . .y �� V ' V O ♦ ` L � O � ` � • � � � `�— G� � � � Q � � � � � _ ■� 3 0 Q � O _ .� � � _ � L 1.�. � .N i S � c� � � � � .� � .� m .N � � V � � V O i� O N � a� s H v� a� ._ � � � � ■� � ■� L U � V . ^ � � � Q 0 � 0 � � � - �. N C 68�/a�� U � � ! . � . a� � c� � H Z w � �N �>w� ao��'c OZ� p2� LLZ��N �y a� � W W L[) Q�OE aaoz F- �'' Q Z � v� Q u" N DEPARTMENT OFSAFETY ANDINSPECTIONS Fire Inspection Division Robert Kesster, Director Db�/0910 CTTY OF SAINT PAUL Chsistopher B. Coleman, Mayor 100 Eas[ 11'" Sireet Telephone. 651-228-6230 Sarnt Pau[, MN�S/01 August 28, 2Q08 YIA C YANG 1394 3ACKSON ST SUITE 207 ST PAUL MN 55117 RE: NOTICE OF CERTIFICATE OF OCCUPANCY REVOCATION 793 MAGNOLIA AVE E Ref. # 110929 Dear Property Representative: THIS IS YOUR BUILDING VACATE DATE. Your building was inspected on August 26, 2008, for the renewal of the Certificate of Occupancy. Since you have failed to comply with the applicable requirements, it has become necessary to revoke the Certificate of Occupancy in accordance with Section 33.05 of the Saint Paul Legislative Code. A reinspection will be made on September 12, 2008. The Saint Paul Legislative Code further provides that no building shall be occupied without a Certificate of Occupancy. Failure to immediately complete the following deficiency list or the building vacated may result in a criminal citation. THIS LETTER SERVES AS OFFICIAL NOTICE OF REVOCATION. DEFICIENCY LIST 1. Eastside Stairwell - SPLC 34.09 (2) 3432 (2) - Provide an approved guardrail with intermediate ballustrade or rails 4 inches or less apart. This work may require a permit(s). Call LIEP at (651) 266-9090. 2. Eastside Stairwell - SPLC 34.09 (2) 3432 (2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire length of the stair. 3. Garage - SPLC 34.08 (5), 3431 (3) - Repair, repiace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements. 4. SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a cazbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. If you have any questions, call me at 651-228-6233. Please help to make Saint Paul a safer place in which to live and work. Sincerely, James Thomas Fire Inspector Re£ # 110929 bg � �a�� ca Force DEPARTMENT OF SAFETY AND INSPECTIONS Robert Kessler, Director h (/ / /�� / n ry CITY OF SAII�IT PAUL Christopher B. Coleman, Mayor IOOEast1l` Telephone;651-228-6230 SaintPaul, MN55101 Mazch 17, 2008 YIA YANG 1394 JACKSON ST SUITE 207 ST. PAUL, MN. 55117 RE: REFERRAL 793 MAGNOLIA AVE E Dear Property Representative: An inspection was made of your building on March 17, 2008 in response to a referral. You aze hereby notified that the following deficiency list must be corrected immediately. A reinspection will be made on April 8, 2008 at 9:30 A.M.. Fai]ure to comply may result in a criminal citation or revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building sha11 be occupied without a Fire Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. DEFICIENCY LIST Basement - SPLC 4715.1430- PROVIDE APPROVED SUPPORT FOR ALL PLUMBING PIPING. 2. Basement - MSFC 605.6 - Provide all openings in junction boxes to be sealed. 3. DOWNSTAIRS - MN Stat 299F.18 - Immediately remove and discontinue excessive accumulation of combustible materials.-REMOVE GAS CAN FROM KITCHEN 4. DOWNSTAIRS - SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 4715.0200.0 - Provide an approved number and type of plumbing fixtures.-Provide and maintain an approved private hand sink. This work may require a permit(s). Call LIEP at (651) 266-9090. REPAIR BATHROOM FAUCET 5. Eastside Stairwell - SPLC 34.09 (2) 34.32 (2) - Provide an approved guardrail with intermediate ballustrade or rails 4 inches or less apart. This work may require a permit(s). Call LIEP at (651) 2b6-9090. 6. Eastside Stairwell - SPLC 34.09 (2) 3432 (2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire length of the stair. 7. House - SPLC 34.08 (1), 34.31 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, garbage or feces.-Eastside stairwell 8. Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeais may be obtained at the City Clerks Office, Room 310, (651-266-8688), and must be filed within 10 days of the date of the original orders. If you have any questions, please contact me at 651-228-6233 between 730 a.m. - 9:00 a.m. U��10�(� Please help to make Saint Paul a safer place in which to live and work. Sincerely, James Thomas Fire Inspector Property Code Hearing September 2, 2008 /n Q�'�d��Y 3. Appeal of Richazd Stuke to a Certificate of Occupancy Revocation for properiy at 793 Magnolia Avenue East. Ms. Moermond requested a staff report. Ms. Shaff stated that on March 1 l, 2008, Fire received a referral regarding the property at 793 East Magnolia Avenue—exposed wiring, plumbing issues, electrical system issues. Inspector Thomas responded to the referral as is the practice. This then became a Certificate of Occupancy inspection. There were multiple no-entries. There was no entry on April 14 and May 16. More correction orders were issued. No entry on June 24; finally revoked on June 30, with a vacate date of September 12. Ms. Shaff continued that there aze only four items remauung on the list at this time—guard rails, band rails, exterior of the gazage, residential heating report. Ms. Moerxnond observed that this has been going on for six months and noted the number of no- shows. Mr. Stuke stated that he is a renter in this building and that his interest is personal and professional. He noted that he has a significant amount invested in his business and his personal possessions in the building. He stated that the owner dealt with a disreputable mortgage company and has now gone through a foreclosure. The Sherif�s Sa1e was held last month. He added that the ownership is naw in question. - Ms. Moermond explained that Sheriff's Sale means the bank has become top bidder and they will not take possession for another six months. F F , Mr. Stuke continued that the owner does not have the money to put into the building. He stated that he has a business there and it would cost him $10,000 to move from the property. Ms. Moermond questioned the $10,000 figure and queried him as to what type of business he has in the building. Mr. Stuke responded that he l�as several businesses and that he represents himself. He stated that he would have to "reinvenY' all of his contacts and that it is a private business, just between the people he does business with and himself. He added that the name of his business is LaToy Company. Discussion ensued regazding a petition Mr. Stuke has made to the court through Legal Aid. Ms. Moermond observed that there are four 3tems that need to be corrected and a fee needs to be paid, and that the cost of improvements made combined with moving expenses will be less than $10,000. She suggested that tenant remedy action might be a consideration. Mr. Stuke stated that he has been asked to install a baluster in the downstairs entry to the basement. The balustrade is also a cement wall, which is a hazard, as someone could fall into the basement. The steps leading down are cracked, uneven, and are a safety hazard; a hand rail does not address the problem. Ms. Moermond stated that there has been adequate time to file appeals and that the new action taken is a revocation that requires the building to be vacated. The appeal is not addressing the issues of adequate notification and adequate amount of time. Property Code Hearing September 2, 2008 ��.�oy� Mr. Stuke responded that he assumes, as a renter, that the building owner and its landlord understand the city processes, and it is not his job or lus responsibility to insure that ttus is done. He explained that he called the Fire Department for an inspecrion . He stated that he is also working on a tenant remedy action, that he is taking steps to protect the building. He will give the paperwork he has prepazed to Ms. Moermond. Ms. Moermond noted mention of a disability in Mr. Stuke's paperwork. Mr. Stuke answered that this is personal. Ms. Moermond answered that this is personal, but she was merely wondering if he needs an accommodation for this disability: Mr. Stuke answered in the affirmative. Ms. Moermond inquired as to what type of accommodarion he might need. Mr. Stuke answered that he has diffioulty organizing his thoughts, that he wauld like to be given enough time to figure out the answer to a question, that he has "very complex thoughts." Ms. Moermond asked to look at Mr. Stuke's paperwork. She recessed the meeting for a short time. The meeting resumed. Ms. Moermond noted that she has quite a long history with this owner in taking responsibility to malce corrections, that Mr. Stuke is living in a house which has outstanding violations; notice was given and the corrections have not been made. After a long enough period of time, the Certificate of Occupancy gets revoked. If the corrections aze made, the Certificate of Occupancy can be reinstated. She added that fees will need to be paid. Ms. Moermond informed Mr. Stuke that he has one week to make the correcfions or obtain a court order. The vacate date is Septembeer 12, 2008. She stated she will extend the vacate date to September 19, 2008. This will go to the City Council for a public hearing on Wednesday, September 10, 2008 at 5:30 p.m. � Ms. Moermond emphasized that Mr. Stuke's dispute is with the owners of the property, NOT the City Codes.