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08-1295Council File # �d-/�� Green Sheet # 3062877 RESOLUTION F SAINT PAUL, MINNESOTA /� 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 November 5, 2008 hereby memorializes its decision to certify and approve the October 23, 2008 decision of the Legislative Hearing Officer for the following address: ADDRESS 701 Marvland Avenue East, Unit 2 APELLANT Nancy Fulliam Decision: Appeal denied and extension granted to October 27. Yeas Nays Absent Carter � Bostrom � Harris ,i Helgen � Lanhy Stazk � Thune ✓ � � Adopted by Council: Date /���l,,�j�� Adoption Certified by Cou Secretary BY� / l" //sr�i���/1> i�i �i�ri Approve y y� Date )L $y BY� ( i Requested by Department of. � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �� ._Ary � Depar6nentlOfFce/Council: Date Initiated: co -c°°"�'' os-NOV-os Green Sheet NO: 3062877 Conqct Person & Phone- Deoartment SeM To Person InitiaVDate Marcia Moermond y 0 oanca � 6-8570 1 ounN D¢ ar�en[Director ��9� 2 " Clerk C7 Ciuk Must Be on Council Agenda by (Date): Number 3 O Por 4 � Routing Doc.Type:RE50LUTION Order 5 0 E-Document Required: Y Document Contad: Mai Vang Contact Phone: 68563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resoludon memorializing City Council action taken November 5, 2008 denying the appeal for proper[y a[ 701 Maryland Avenue East, Unit 2, per the recommendation of the Legislative Hearing Officer. Recommenda6ons: 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 department? CIB Committee Yes No Civil Service Commissfon 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 F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantageslfApproved: Disadvantages If Approved: DisadvanW ges H Not Approved: Total Amount of Trensaction: CosURevenue Budgeted: Funding Source: Activity Number: Financial Information: (6cpiain) November 6, 2008 3:49 PM Page 1 t <� . � f �,�r5 ' CITY OF SAINT PAUL o ° 9 ' i�i °i�i "' � "O CITY CLERK'S OFFICE October 21, 2008 Nancy Fulliam 701 E Maryland Street #2 St. Paul, MN 55104 RE: 701 E Maryland Street #2 Dear Ms. Fulliam: Your application for an appeal has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Thursday, October 23, 2008 at 3:00 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At thattime the Legislative Hearing O�cerwill hear ail parties relative to this action. Failure to appear at the hearing ma� result in denial of your appeal. Sincerely, L �CUi"'�! ��d "`-� Shari Moore �� City Clerk cc: Phil Owens, DSI (Fire) Leanna Shaff, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney Craig Deuth, Owner 15 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUi, MINNESOTA55102 Tel: 651-26 6 8 6 8 8 Faz: 651-266-8574 wwwstpaul.gov AA-ADA-EEO Employer APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota 5� 102 r...� Telephone: (6�1) 266-8688 Address of Property bein� Appealed: 2. Number of Dwelling Units l�, i G w-� �, �; , i___I �. t# L.� 4. Name of Owner:� �� l� � f' t,.. � 5 �.� Address: City: Phone Numbers: Business Residence �� �1��5 ������ �cr z�- ��� ;�, 3. Date of Letter Appealed: L� � 1 � n _ � Cellulaz 5. Appellant / Applicant (if other than owner): �,��',�n �C A t, t A-�� _ ` Address:��}� C� � City: Ct -��� State: X\ _Zip: r jS IO� � � eside ce � SGU' �13�X3Cellular Phone Numbers: NO'I'E: A$25.00 filing fee made payable to the City of Saint Paul must accompany this applicauon as a necessary condition for filing. You must attach a copy of the originai orders and any other correspondence relative to this appeal. Any person unsatisfied by the final decision of the City Counci] may obtain judicial review by timely filing of an action as provided by law in District Court. For Office Use Only ' Received: Receipt Number: Date of , � � �'3 ��.t 6 State specificatly what i appealed and why (Use an attachment if necessary): DEPARTMENTSAFETY ANDINSPECTIONS Fire Inspection Division Robert Kessler. Director _ „ _ CITY OF SAINT PAUL Christopher B. Caleman, Mayor 375Jackron Street, Suite 220 Telephane.' 6i1-266-9090 Saini Passl, MN55101-1806 October 15, 2008 CRAIG DEUTH DEU'I`I3 LANDHOLDINGS LLC 1030 THERESA MARIE DRIVE NEW MARKET MN 55054 RE: REFERRAL 701 MARYLAND AVE E Ref. # 13425 Dear Property Representative: An inspection was made of your building on October 15, 2008 in response to a refenaL You are hereby notified that the following deficiency list must be corrected immediately. A reinspection will be made on October 22, 2008 at 230 p.m.. Failure to comply may result in a cruninal citation or revocation of the Fire Certificate of Occupancy. The Saint Paul L,egislative Code requires that no building shall be occupied without a Fire Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. DEFICIENCY LIST 1. Unit 2- SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unsafe and unfit and dangerous. This occupancy must not be used until re-inspected and approved by this office. There are 6 people according to tenant 3 dogs and two cats .-Dogs are not license Animal control states one dog had a licensed but did not take any of the dogs. The tenant states that the two pit bulls will be gone next week FIRE INSPECTOR COLJNTED 8 PEOPLE 10-15-08 AT 11:45a.m. 2. Unit 2- SPLC 34.19 - Provide access to the inspector to all areas of the building. TENANT REFUSED ENTRY. 3. Unit 2- SPLC 34.13 (2), (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the unit to: 3 4. Unit 2- MN Stat. 299F362 - Immediately provide and maintain a smoke detector located outside each sleeping area. 5. SPLC- SEC 200.02 - LICENSED REQLTIIZED. No person shall own harbor keep or maintain in the City any dog over tku (3) months of age without a license.-ALL ANIMALS AT THE PROERTY MiJST BE LICENSED. 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. Q� �� If you have any quesrions, please contact me at 651-228-6233 beriveen 730 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, James Thomas Fire Inspector Ref. # 13425 STAMP - Activity Detail STAMP - Activity Detail New Search Helo using this re�rt Page 1 of 1 is Hel° 08"l�iC15 701 Maryland Ave E Click here to access other applications using this address - GISmo, MapTT, and Ramsey County Info Run Date: SO/20/OS 02:18 PM Pofder ID#: OS 176307 In Date: 10/14/08 Issued Date: Status: In Process Closed: Type: RF - Referral - Citizen Complaint ������ Reference#:13425 Description: QCr Z(f UNIT 1- 1 BEDROOM UNIT, POSSIBLE OVERCROWDING (3 DOGS, 3 KIDS, 6 ADULTS) p � v��5�� �� Peopie: Owner: Craig R Deuth/Brenda K Deuth 1030 Theresa Marie Dr New Market MN 55054-5426 Stated Owner: Craig Deuth Deuth Landholdings LLC 1030 Theresa Marie Drive New Market MN 55054 612-581-02Z6 Responsible Party: Craig Deuth Deuth Landholdings LLC 1030 Theresa Marie Drive New Market MN 55054 612-581-0226 Property: 701 MARYLAfSD AVE E, PIN: 202922440121 Info Value: Possible Student Housing?: No C of O Renewal Due Date: ]an 7, 2008 C of 0 Status: In Process Inspection Date: Oct 22, 2008 Inspection Time: 2:30 p.m. Last Inspection Date: Oct 15, 2008 Total Residential Units: S Primary Occupancy Group: R-2 Primary Occupancy Type Name: Dwelling Units Referral Resoonse Assigned To: Thomas, James Closed: l0/15/08 Resuit: 10/15/2008: Orders Issued - Inspedion Referral Re-InspecEion Comment: This is a one bedroom unit there are 4 adults and two kids and 2 cats and 4 dogs. There is a open C of O on the property and four unlicensed dogs. Animal control was called and the owner was given until SO-22-08 to comply. Neut Schedule: 10/22/os http://sparaci. stpaul.mn.us/STAMPProperty/Proj ectViewer?devDatabase�&folderRSN=1651945&folder... 10/20/2008 o� I��S MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, ABATEMENT ASSESSMENTS AND ABATEMENT ORDERS Tuesday, October 23, 2008 Room 330 City Hall, 15 Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 3:05 p.m. STAFF PRESENT: Leanna Shaff, Department of Safety and Inspection (DS� — Fire; and Mai Vang, City Council Offices Appeal of Nancy Fulliam to a Certificate of Occupancy Deficiency List, which includes Condemnation, for property at 701 Marvland Avenue East. Unit 2. Nancy Fulliam, appellant, appeared. Ms. Shaff stated that this was a five-unit building with unit 5 being unoccupied. On October 14, 2008, a complaint was received that there was a one-bedroom unit with possible overcrowding, that being three dogs, three kids, and six adults. On October 15, Inspector Thomas inspected the property, along with Animal Control Officers, and unit 2 refused entry to the inspector. He said that he had arrived at approximately 11:45 a.m. and counted eight people, who had been sleeping, come out of unit 2. He also noted that there was a bed in the kitchen which he believed was being used as a sleeping room. Ms. Shaff noted that this was a case managed property and Inspector Barb Cummings had made inspections on July 16, July 25, August 18, and September 29, 2008 all resulting in multiple deficiencies which had remained uncorrected. She referred to the orders that had been issued on September 29 wherein the inspector noted that unit 2 did not have a smoke detector in the living room area which, at that time, was being used as a bedroom. Inspectar Cummings had scheduled the re-inspection on those orders for October 30 and noted that failure to have all deficiencies corrected would result in enforcement action. Ms. Fulliam stated that she and her boyfriend lived in this unit along with her two dogs. She said that her son, his two children, their mother, and his two pit bull dogs had moved in a couple of weeks ago as they did not have a place to live. She said she converted the living rooxn/dining room area into a bedroom in order to accommodate her son and family and that the single bedroom was too small to even fit her bed. She said that she did not work and stayed home to take care of her two grandchildren. She said that the owner or maintenance person always notified her when an inspection was scheduled and usually accompanied the inspector. Since she did not know about the inspection on October 15 and that neither the owner ar maintenance person were present, she did not allow the inspector to come into her unit as it was extremely messy. She said that there was no way that eight adults were in her unit and that everyone else was at work when the inspectar was there. She said that she was told by Inspector Cummings in September that she needed to have a smoke detector in all sleeping areas; however, she was not aware of any of the other deficiencies. Ms. Shaff responded that the inspection on October 15 was the result of a complaint and advance notification would not have been sent to the owner. She said that typically, any orders that were issued were sent only to the owner. She asked Ms. Fulliam when her son and his family had moved in with her. Ms. Fulliam responded that they had moved in with her approximately two weeks ago October 23, 2008 Legislative Hearing Minutes Page 2 c� �a�s and they had now found another place to live and were moving out this coming Saturday. She did not want to have to move out because of the orders that had been issued. She said that she had expected the owrter would have shown up for this hearing. Ms. Moermond asked Ms. Fulliam whether all of the dogs had been licensed. Ms. Fulliam responded that she had obtained licenses for her dogs after Aniinal Control had been there on October 15. Ms, Moermond stated that she had called DSI — Licensing just prior to the beginning of the hearing and was informed that they did not have any record of the dogs being licensed. Ms. Moermond stated that in reviewing all of the orders that had been issued since Jnly, it appeared that the owner was not maintaining the property and she was surprised that the C of O had not yet been revoked for the enrire bnilding given the nuxnber of inspections and the number of deficiencies that remained uncorrected. She asked whether the property was in foreclosure. Ms. Shaff responded that she did not know. She said that given the history of the property, she believed that it was imminent that the entire building wonld haue the C. of O revoked, condemned and ordered vacated. Ms. Moermond stated that she would grant additional time for Ms. Fulliam's son, family and dogs to move out over the weekend and that the property be re-inspected on Monday, October 27 to check for compliance on the occupancy and operating smoke detectors in all of the sleeping area.