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08-1165Councit File # b� � ((oJ� Green 5heet # 3060476 Presented by RESOLUTION CITY OF SAINT PAUL, MINNESOTA aI 1 BE IT RESOLVED, that the Council of the CiTy of Saint Paul hereby certifies and approves the August 2 19, 2008 decision of the Legislarive Hearing Officer on Appeals of Letters of Deficiency and Vacant 3 Building Registration Notices for the following addresses: 4 5 Pronertv Appealed Aanellant(s) 6 7 159 Dousman Pat Vocovich 8 9 Decision: Deny the appeal and grant an extension for six months. 10 11 2043 Ashland Avenue Cleveland Manor, LLC 12 13 Decision: Grant a variance on the ceiling height far the second floor bedroom ceiling and deny a variance 14 on the ceiling height for the basement bedroom. 15 16 181Q Nevada Avenue East Emmanuel Ogungbile 1� 18 Decision: Deny the appeal and grant an extension to October 7, 2008 to complete item numbers 1, 2, 6 and 19 9. The remainder of the deficiencies must be completed by November 10, 2008. 20 21 807 White Bear Avenue Van Tran 22 23 Decision: Deny the appeal and waive the vacant building fee provided the Certificate of Occupancy 24 inspection be done and compieted within 60 days with no deficiencies. 25 26 1667 Stillwater Avenue William Fanning 27 28 Decision: Deny the appeal. 29 Requested by Department of Adopted by Council; Date ��`�a��� Adoption C�ert�if by C uncil Secretary BY� ! / /ii.0o,1i � �J/7 Approved by Ma� r: Date �v Lglu � � � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: Anoroved bv the Office of Financial Services ..► �''� �.. Green Sheet Gree� Sheet Green Sheet Green Sheet Gree� Sheet Green eet DepartmentlOffice/Council: Date Initiated: �o-��G� a�o�T-o$ Green Sheet NO: 3060476 , I Deoartment SertToPerson lniflallDate ConfaM Person & Phone: I a �� I �_ � Marcia Mcermond � 6-8570 � I 1 ancil DenartmentDirector ' Must Be on Council ��g� Z ' Clerk CiN Cterk ! Agenda by (Date): Number 3 � �� ' For Routing 4 i' -- 1 I Ooc. Type: RESOLUTION I Orcler 5 � r � I E-Dowment Required: Y Document Contact: Mai Vang Confact Phone: 6-8563 Total # of Signature Pages _(Clip Afl Locatiais for Signature) , Action Requestetl: Resoludon approving the decisions of the I,egislative Hearing Officer on Appeals of Letters of Deficiency and V acant Building Registrafion Notices for properties at 159 Dousman Street, 2043 Ashland Avenue, 1810 Nevada Avenne East, 807 White Beaz Avenue North, and 1667 Srillwater Avenue, Recommentlations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contracf for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has this personffirtn ever been a Gty employee? Yes No 3. Does this person�rtn possess a skill not nortnally possessed by any current city employee? Yes No Explain ail yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportuniry (WM1o, What, When, Where, Why): Advaotages If Approved: �isaWanWges If Approved: Disadvaniages If Not Approved: Total Amount of CosURevenue Bud eted: Transaction: � 9 Funding Source: Activity Number: Financial Information: {Euplain) � October 13, 2008 9:42 AM Page 1 �3-I1 �5 MINUTES OF THE LEGI5LATiVE HEARING ON LETTERS OF DEFICIENCY, CORRECTION NOTICES CORI2ECTION ORDERS AND LETTERS Tuesday, August 19, 2008 Room 330 City Hall, 15 Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 1:30 p.m. Staff Present: Matt Dornfeld, Depariment of Safety and Inspection (AS� — Code Enforcement; Leanna Shaff, DSI - Fire; Mai Vang, City Council Offices Appeal of Pat Vocovich to a Certificate of Occupancy Deficiency List for property at 159 Dousman Street. (Laid over from July 1) Ms. Shaff stated that Phil Owens had attended the previous hearing on this matter and had not heard back from Mr. Riddering on a recommendation. Mr. Vocovich stated that he had researched the use of electric toilets and found that they would work well for two to three people. He had talked to Zoning and the plumber informed him that they would not allow him to use the alternative of an electric toilet as it was not allowed under the code. He was also told that they were revoking his C of O. He said that he needed to sell the building as he was at risk of losing his house because he was four months behind in his mortgage payments. Anyone looldng to purchase the building would be aware that they would have to take care of the toilet situation. He received an estimate from Rascher Plumbing of $34,000 to put in a new bathroom toilet and sink. Ms. Moermond stated that she would grant Mr. Vocovich six months to figure out the toilet situation. She suggested he write a letter to the Building Official, Tom Riddering, requesring an equivalency to installing an elech toilet as opposed to installing a toilet that would hook up to water and the sanitary sewer system. 2. Appeal of Cleveland Manor, LLC to a Certificate of Occupancy Deficiency List for property at 2043 Ashland Avenue. (Rescheduled from August 5) Brian Pergament, manager of Cleveland Manor, appeared. Mr. Pergament stated that item #3 of the appeal had been resolved and presented an approved site plan he had received from Tom Beach, Zoning. When he bought the property, it was listed as a four-bedroom house and he did not believe he should have to discontinue use of the bedrooms in the basement and on the second floor. There were currently four college students living at this property_ He explained that the hasement unit had a legal egress window well and believed that the ceiling height was adequate to escape in the event of a fire. Ms. Shaff stated that the inspector, Mitchell Imbertson, inspected the property on July 1 and found that the ceiling height on the second floor and in the basement did not meet the minimum ceiling height. The second floor only had approximately 40 percent of the ceiling height being seven feet high and the basement was only six feet, eight inches in height. August 19, 2008 Property Code Minutes a� �l�e� Page 2 Ms. Moermond stated that she would recommend a variance on the ceiling height for the second floar bedroom. Since there was a four inch shortfall in the height of the ceiling in the basement bedroom, she recommended denying the grant of a variance for the basement bedroom ceiling height. 3. Appeal of Emmanuel Ogungbile to a Certificate of Occupancy Deficiency List for property at 1810 Nevada Avenue East. Emmanuel Ogungbile, property owner, appeared. Ms. Moermond asked far a staff report from Ms. Shaff. Ms. Shaff responded that the property was inspected by Pat Fish and she was not prepared to present a report; however, she would do the best she could. Ms. Shaff stated that according to the file, Barb Cummings went to the property on July 23 on a C of O inspection. She found numerous deficiencies including: loose handrails; guardrails; sidewalk in disrepair; chipped and peeling paint; deteriarated flooring; dryer venting; no fuel burning safety test report; and no smoke detector affidavit. From the appeal, it appeared that the appellant was not appealing the fact that the work needed to be done. Tt appeared that the appeal was solely based on why the inspection was done as well as the conduct of the inspectar who conducted the inspection. Mr. Ogungbile stated that he had lived in the house for over four years and when he moved, he decided to rent out the properiy. He did not understand why the property needed to be inspected. Ms. Shaff responded that a complaint was received that there were possibly people sleeping in the garage and too many people sleeping in the house. The inspector's notes indicate that she did not find any evidence of overcrowding in the house; however, she did find a box spring and mattress in the garage that had not been set up. This was not considered a violation; however, she did write that no sleeping was allowed in the garage. Ms. Shaff then explained that the ardinance had changed in Mazch, 2007 to include certificate of occupancy inspections for all single-family and duplex rental units. Whenever a complaint is received, a full inspection of the entire building was then required. Mr. Ogungbile said that since he was black and the people he was renting to were black, he believed he was the target of racism as he believed there was nothing at all wrong with the property. Ms. Moermond explained that the Deparhnent was required to conduct an inspection when a complaint is received. Ms. Moermond read into the record the letter from the appellant concerning his appeal. Said letter is attached and made a part of these minutes. Ms. Moermond asked Mr. Ogungbile what issues he was appealing. Mr. Ogungbile stated that he believed his deck and the exterior of the house was in good condition and was not in need of any repair. He also believed that his sidewalks were in good condition. He didn't believe he needed to have a heating report and didn't understand the smoke detector form since the inspector tested the smoke detector and found it to be working. He also did not believe there were any missing light fixture covers and did not believe there was anything wrong with the dryer. He believed the orders were racist. Ms. Moermond stated that in reviewing the deficiency list, she found it to be an average or common set of conecrions that needed to be completed. She said that the deck deficiencies were normal repair items that would need to be done. She had concern with the orders that were issued on the �� ,.� August 19, 2008 Property Code Minutes Page 3 handrail and guardraii on the deck which she believed would need to be taken care of fairly quickly. She also indicated to Mr. Ogungbile that he needed to have the furnace tested to ensure that it was working properly and then submit the proper form to Fire. The affidavit for the smoke detector was necessary to ensure that the owner had communicated with the tenants what to do if the smoke detector failed and how to escape in the event of a fire. The dryer venting was also a common item that needed to be conected. She told Mr. Ogungbile that if he believed he was the victim of discrimination, he should contact the City's Human Rights Department. Ms. Moermond recommended denying the appeal and granting an extension to October 7, 2008 to complete item nusnbers 1, 2, 6, and 9. The remainder of the deficiencies must be completed by November 10, 2008. 4. Appeal of Van Tran to a Vacant Building Registration Notice for property at 807 LVhite Bear Avenue North. The appellant, Van Tran, and property manager, Lawrence Johanns, appeared. Ms. Moermond requested a staff report. Ms. Shaff stated that she had received a complaint on June 2, 2008 that the gas and/or electric service had been shut off. She visited the property and attempted to gain access. A condemnation notice was posted, and an order for re-inspection in ten days was issued. After ten days the property was refened to the Vacant Buildings Program. Mr. Dornfeld stated that the property had been referred to the Vacant Buildings Program by Inspector Shaff as a Category 2 vacant building. He said that a code compliance inspection was required to regain the certificate of occupancy. Ms. Moermond asked Ms. Tran why she was appealing. Ms. Tran stated that she had not received notification from the city. She said that she had made significant improvements to the property since she had acquired at in 2006. She said that she was not aware that the property had been condemned until she visited after the tenant moved out, and that the property was being maintained and improved. She said that she had attempted to reach the inspector by phone and to find out where the notice had been mailed but was treated rudely. She said that she was advised by other anspectars to request that Ms. Shaff change the classification from Category 2 to Category 1, but that when she reached Ms. Shaff by phone, Ms. Shaff was unwilling to change the classification and told her that city records showed the property owner as Wells Fargo Financial. Mr. Johann stated that he had also had difficulty reaching an inspector by phone and had also been advised to request that the classification be changed from Category 2 to Category L Ms. Tran presented documentation that the property was in her name and that she had been paying property taYes since 2006. Ms. Moermond asked whether the property had been inspected when it became a rental property. Ms. Tran said that it had not. Ms. Shaff presented documents listing Wells Fargo as the current property owner. Ms. Moermond asked whether the power was back on at the property. Ms. Tran stated that it was. �-i1�5 August 19, 2008 Property Code Minutes •,:- . Ms. Moermond recommended that a certificate of occupancy inspection, rather than a code compliance inspection, be required before the properiy was rented again. She stated that although Ms. Tran had not received the notices, the city had acted in good faith in mailing them to the appazent current owner and that the notices had also been posted at the property. She said that if the certificate of occupancy inspection was completed within 60 days she would recommend that the vacant building fee be waived. Ms. Tran stated that they were trying to sell the house and maght not have another renter. Ms. Moermond stated that an inspection report would also be required to sell the house. 5. Appeal of William Fanning to a Vacant Building Registration Notice for property at 1667 Stillwater Avenue The appellant, William Fanning, appeared. Ms Moermond requested a staff report. Ms. Shaff stated that she had received a complaint on July 20, 2008 that the gas and/or electric service had been shut off. The property was inspected on July 28 and found to be vacant. Orders were written for multiple deficiencies and the property was referred to the Vacant Buildings Program. Mr. Fanning stated that the house was vacant and that he was making improvements in preparation for selling the property. He said that his adult children stayed at the property occasionally. He said that he was not aware that the gas had been shut off because he was still paying electric bills. He said that he could not afford to pay both the gas bill and the vacant building registration fee. Ms. Moermond asked how long the building had been vacant before the gas service was shut off. Mr. Fanning said that it had been vacant far a month or a month and a half. Ms Moermond asked whether the property had been a rental and how often it was occupied by Mr. Fanning's adult children. Mr. Fanning said that the property had not been rented and that his children stayed there for about two months every six to nine months. He said that he had made a number of improvements to the property and that it was close to being ready to be put on the market. He said that the deficiencies had been corrected. Ms. Moermond stated that the property met the definition of a Category 2 vacant building. She recommended that Mr. Fanning complete a code compliance inspection. She said that if the vacant building fee were not paid it would be assessed to the property taxes and would be appealable, could be paid in installments or paid at the time of sale. Mr. Fanning asked whether he would haue to pay the vacant building fee if he occupied the house himself. Ms. Moermond responded that he would. Mr. Fanning stated that his fee invoice indicated a Category 1 classification for the property. Mr. Dornfeld stated that if it was a Category 1 rather than Category 2 vacant property, it would change the requirements but that since he had not inspected the property himself, he could not clarify the category designation. August 19, 2008 Properiy Code Minutes �� Il �5" Page 5 Ms. Moezmond stated that if the building were classified as a category 1 vacant building, a code compliance inspection would not be necessary. Ms. Moermond stated that she wi11 contact Mr. Panning with her decision. On October 3, 2008, the property was not in compliance and Ma Moermond recommended denying the appeal. D� With reference to letter Ref. # 111724 dated July 23, 2008. I Emmanuel A. Ogungbile, specifically appeaIing tlus fire inspecrion camed out on my properiy at 1810 Nevada Avenue E, St Paul, MI�T551 Q9 on July 23, 2008 for the renewal of fire certificate was done with bias mind, sentiment, racial and dis ',n;nar;on I can categorically say this because Bazb C4�mnun�s ( fire inspector) that carried out the inspecrion was instigated by the anti color neighbors against the property own by man of color and teaset to woman of color. To my su�rise too, Bazb went to my praperEy with bias mind and carried out her official assigiment bias, racial and dicc,;,,,;narP� against my properiy as it was reflected in her report. I believe that her inspection and report was bias, racial and disnim;n�g because she is not the fust fire inspector or public officer to inspect my property in the last four years. The first inspection was done sometimes in 2005, that was when my wife processed her licensee far day caze with Ramsey county and another inspection was done January, 2008 by the authority of section 8. Those two set of inspectors did not issued any criuunal citafion either to me nor against my property, but gave approval for my wife day care then, and section 8 officials also approved my properry as at Januazy, 2008. Barb C »mmin s ttireat of criminal citation or revocation of the fire certificate of occupancy on my properry will not stop me to pursue her bias, sentiment, racial and discriminating inspection done to� operiy to a logical conclusion.