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08-1191Council File # �� /��j � Green Sheet # 3a60955 Presented by RESOLUTION 41NT �UL, MINNESOTA �� 1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislarive 2 hearing record and testimony heard at public hearing on October 15, 2008 hereby memorializes its decision 3 to certify and approve the September 30, 2008 decision of the Legislative Hearing Officer for the following 4 address: 5 6 ADDRESS APELLANT 7 8 26 Georee Street East Richard B. Oni 9 10 Decision: Appeal granted. Requested by Department of: Adopted by Council: Date `�/J,j�jf� Adoption Certified by Co il Secretary B y� .LGT_iL.L�S2 Approvepl�l�qy . Date � /� U By: `� �- -�' � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Counci] By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 1�-119/ DepartmenffOfficelCouncii: Date �nitiated: co-�°�°��� Zo-0�T-0B Green Sheet NO: 3060955 CoMacf Person & Phone: DeuaRment Sent To Person InitiaUDate Marcia Moemrond y o """� O E5870 1 onncil De artment DireMOr Assign 2 • Clerk �7 Clerk Must Be on Council Agenda by (Date): Number 3 � Routing M1 �—� Doc. Order 5 0 E-Document Required: Y Documenf Contact: Mai Vang Contact Phone: 68563 Total # oF SignaNre Pages _(Clip Ait Locations for Signature) Action Requested: Resofution memorializing City Council action taken October I5, 2008 granUng the appeal for property at 26 George Street East, per the recommendation of the Legislative Hearing 6fficer. Recommendafions: Approve (A) or Reject (R); personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this depadment? CIB Committee , Yes No Civil Service Commission 2. Has this person/firtn ever been a city empbyee? Yes No 3. Does this person/firm passess a skill not normally possessed by any cuttent ciry employee? Yes Na Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: Disadvantages If Approved: Disadvantages If Not Approved: ToWI Amount of Trensaction: CosURevenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) October 20, 2008 10:42 AM Page 1 �x*+ 4 ♦ ' i 4 � nm�nm � e �III� September 26, 2008 Richard B Oni 152 Wildwood Ave. Birchwood, MN 55110 RE: 26 E. George Street Dear Mr. Oni: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. 08 -1191 Please attend the public hearing before the Legislative Hearing Officer on Tuesday, September 30, 2008 at 2:00 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, ���1 ����.�- Shari Moore City Clerk cc: 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 PAU4 MINNESOTA55102 Te1:651-2668688 Fax:651-2668574 wwwslpaul.gov AA-ADA-EEO Empioyer 08 - I I �1 I ° �''F�F i APPLICATION FOR APPEAL � o0 Saint Paul City Clerk � 8 15 W. Kellogg Blvd., 310 City Hall ��`�� Saint Paul, Minnesota» 102 Telephone: (6� i) 266-8688 1. Address of Property being Appealed: 2. Number of Dwalling Units: 3. Date of L.etter Appealed: a�E s� r� a-F 4 �,� ���tq`�� 4. Name of Phone Numbers: Business �l a- 7 �'�i 33°f Residence 5. Appellant / Applicant (if other than owner): Address: City: State: Phone Nucnbers: Business Residence Cellular Cellulaz 6 3tate specificaily what is being appealed and why (Use an attachment if necessazy): i� L�� � 1'p �f C�►��: • �s � S �5 �L� eu�.. ka� NOTE: A$25.00 filing fee made payable to the City of Saint Pan] must accompany this application as a necessazy condition for filing. You must attach a copy of the original orders and any other correspondence relative to this appeal. Any person �nsatisfied by the final decision of the City Council may obtain judicial review by timely fiHng of an action as provided by law in District Court. Date Received: l�i� i5 �on� ��( `-�'� � "C� �i a-v�.� � c� o�S — ��vvl'Ce- � L�1�` e- R.Q (.c� For Offi Use Fee Received: � Rec �� �-� � Zip: � Date of Hearing: � 30 3°� ,� r�vrvs Z� DEPARTMENT OF SAFETY AND 11VSPECTIONS Fire [nspection Drv�s�on Robert Kessler, Director b8- t� CITY OF SAII�iT PAUL Chrrsropher e Colemnn, Mn��a September 19, 2Q08 1006nst/I TelephonerGS/-??E-6230 Sam[ Pnul, MN 55/01 RICHARD B ONI TRACY ONI 152 WILDWOOD AVENUE BIRCHWOOD NIIQ 55110 RE: 26 GEORGE ST E Re£ # 101726 Dear Property Representative: Your building was mspected on September 19, 2008. The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazard to the public welfare or otherwise dangerous to human life. A Condemnation Placard has been posted on the building. The following deficiency list must be completed immediately or the building vacated. A re-inspection will be made on or after December 18, 2008. CONDEMNATION OF THE BUILDING REVOKES THE FIRE CERTIFICATE OF OCCUPANCY. Failure to complete the corrections may result in a criminal citation. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. DEFICIENCY LIST Exterior - Fouudation - SPLC 34.09 (1) a, 3432 (1) a- Provide and maintain foundation elements to adequately support this building at all points.-Repair and tuck point all cracks along all comers and walls of foundation. 2. Exterior - Garage - SPLC 34.09 (1) e, 34.32 (1) d- Provide and maintained the roof weather tight and free from defects.-Replace deteriorated roof shingles on garage. 3. Exterior - Garage - SPLC 34.08 (5), 34.31 (3) - Repair, replace 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. Exterior - House - SPLC 71.01 - Provide address numbers on building per attached HN-1 handout.-The address mm�Uers to be posted is: 62 and 64. pg��119/ 5. Exterior - House - SPLC 34.09 (1) b,c, 3432 (1) b,c - Provide and maintain all exterior wa ls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.-Scrap and repaint house window sills and walls. 6. Exterior - Lawn - SPLC 45.03 (6) - Cut and maintain the grass/weeds less than 8 inches tall. 7. Exterior - North Handrail - SPLC 34.09 (2), 3432(2) - Repair or replace the damaged handrail in an approved mamier. This work may require a permit(s). Call DSI at (651) 266-9090.-Replace or repair loose handrail on north side of house. 8. Exterior - North Staircase - SPLC 34.09 (2), 34.32(2) - Repair or replace the unsafe stainvays, porch, decks or railings in an approved manner. This work may require a permit(s). Call DSI at (651) 266- 9090.-Front steps facing George St. are cracking and crumblin�. Repair or replace front steps. 9. Exteriar - South Handrail - SPLC 34.09 (2), 3432(2) - Repair or replace the damaged handrail in an approved manner. Tlus work may require a permit(s). Call DSI at (651) 266-9090.-Repair or replace unsteady handrail on southeast corner of house. 10. Exterior - South Staircase - SPLC 34.09 (2), 3432(2) - Repair or replace the unsafe stairways, porch, decks or railings in an approved manner. This work may require a permit(s). Call DSI at (651) 266- 9090.-Pull permit to fix deteriorated platform and steps to south staircase. 1 l. Exterior - Trash - SPLC 34.08 (1), 34.31 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, garbage or feces.-Remove all trash receptacles from driveway and pick up trash in back yard. 12. Garage - Windows - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window in good condition.- Replace all missing garage windows. 13. LTNIT# 24 - Throughout - SPLC 34.11(4), 3434(1) SPC 4715.0200A - Provide an adequate water supply to all water closets, sinks, showers and tubs.-Restore water service immediately to unit. 14. WATER SHUT OFF - UNIT# 24 - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office. 15. SPLC 34.11 (6), 3434 (3) - Provide service of heating Yaciiity by a iicensed coniractor wiiich must inchide a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Buming Equipment Safety Test Report to this of£ice. 16. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals 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 quesfions, you may contact me at 651-265-6914. Sincerely, Sean Westenhofer Fire Inspector DEPARTMENT OF SAFETY AND INSPECTIONS Fire Inspection Division / Robert Kess/er, D��ector �g � I l� CITY OF SAINT PAUL Chnstopher8 Coleman, Mayor September 22, 2008 RICHARD B ONI TRACY ONI 152 WILDWOOD AVENUE BIRCHWOOD MN 55110 l0o East i ith Street Samt Pau/, MN 55701 Telephone 651-228-6230 City of St. Paul Fire Inspection Division Inspection Fee Invoice Property Address: 26 George St E Re£ # 101726 Folder RSN 1525206 Amount Due:$128 Due Date: October 22, 2008 (Late fees will be charged if not paid by due date) �«�,�����.+�.�.,�,<.����..�������«,���.��.�.��.«....���>���.�:���,����..��.�.>�.��..��W�������.�..�..�.� Return below portion with payment City of St. Paul Fire Inspection Division Inspection Fee Invoice Bill Date: September 22, 2008 Date Due: October 22, 2008 Amount Due: $128 Date September 19, 2008 Property: 26 George St E Re£ # 101726 Folder RSN 1525206 Twe of Fee Amount CO Residenrial 1& 2 Units Initial Fee $128.00 Mail to: Billing Make Checks Payable to: City of St. Paul Saint Paul Fire Inspection 100 E. l lth St. St. Paul, MN 55101 IF PAYING BY CREDIT CARD PLEASE COMPLETE THE FOLLOWING INFORMATION: Amount: $ Expiration Date: � American Express Q Discover � MasterCard � Visa mtontn i Year I -- Enter Aceount Number Name of Cardholder Signature of Cardholder(required for all charges) Date September 30, 2008 Legislative Hearing Minutes 6� , �(C1 � Page 11 2. Appeal of Richard Oni to a Deficiency List, which includes Condemnation, for property at 26 George Street East. Richazd Oni, appellant and property owner, appeared. He said that the water at his properry was on and had never been turned off and he believed the orders should have been issued to 24 George Street. Ms. Shaff stated that the certificate of occupancy address was under 26 George Street which listed 24, 26 and 28 George as one unit. She believed the inspector had issued the incorrect orders which should haue been issued to 24 George to a Valarie Brown. She presented a picture of the deteriorated garage that was behind the units and was unsure who the orders should be issued to. She asked who the responsible party was for the association who should receive orders concerning exterior violations at the property. Mr. Oni responded that the management company in charge of the association was Enclave and Valarie Brown had been the responsible party on behalf of the association. Since Ms. Brown had moved out, he volunteered to take over the checking account for the association although no one was paying association dues. He said that he was hying to find out the bank that was in ownership of 24 George and had been unable to obtain that information. Ms. Shaff responded that he would then assume the responsibility, on behalf of the association, for any correction orders that were issued. She asked whether there were any common, interior areas, such as hallways, laundry areas, etc., that were shared between the units. Mr. Oni responded that each unit had its own entrance and there were no shared areas between the units. Ms. Shaff stated that when there were no shared interior areas in a townhouse or condo which were owner occupied, Code Enforcement would be the proper department to oversee exteriar violations. In the case of rental townhouses or condos, Fire Prevention would be responsible for interior inspections of those properties under the Certificate of Occupancy Program. Ms. Moermond suggested continuing the orders under the certificate of occupancy program and refer the units that were owner occupied to Code Enforcement. She suggested to Mr. Oni that the owners, as the association, should hire an attorney to protect their interests. She said that since the orders had been issued to the incorrect property on the condemnation, she recommended granting the appeal.