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08-1296Council File # �g ��Cy( Green Sheet # 3062896 RESOLUTION ciry o Presented by - L✓ PAUL, MINNESOTA ll BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing recard and testnnony heazd at public hearing on November 5, 2008 hereby memorializes its decision to certify and approve the October 7, 2008 decision of the I,egislative Hearing O�cer for the 4 following address: 6 ADDRESS 8 755 Minnehaha Avenue West 9 APELLANT Elsie Mayard 10 Decision: Appeal denied and extension granted to October 27, 2008 to vacate the property if the gas and 11 electric are not restored by October 24, 2008. Requested by Department oE Adoption Certified by Council Secretary By: � Approv by Dat y � B � �� . � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: Adopted by Council: Date ��f�G�(J� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green S � d '�'Y5o DepartmenNOffice/Council: Date Initiated: co-�°°^��� 06-NOV-08 Green Sheet NO: 3062896 Contact Person & Phone: Deoartment Sent To Person Inkial/Date Marcia Moermond y o ono�u �� 6-8570 1 ouncl De artment Direcior Assign Z 'ryClerk C� Cierk Must Be on Council Agenda by (Date): Number 3 � For 4 0 Routi�g Doc.Type:RESOLUTION Order 5 � E-DOCUment Required: Y Uocument Contad: Mai Vang ConWCf Phw�e: 6-85G3 Total # of Signature Pages, (Clip All Locations for Signature) Action Requested: Resolution memorializing Ciry Council action taken November 5, 2008 denying the appeal and extension granted to October 27, 2008 to vacate the property if the gas and electric aze not restored by October 24, 2008 for properiy at 755 Minnehaha Avenue West, per the recommendation of the Legisla[ive Hearing Officer. Recommenda4ons 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 Commission 2. Has this person/irm ever been a city employee? Yes No 3. Does this person/frm 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. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: � Disadvantages If Not Approved: Totaf Amount of Transaction: Cost/Revenue Budgeted: Funding Source: Activity Number: Financia l Information: (Explain) November 6, 2008 4:30 PM Page 1 `� INTER-DEPARTMENTALMEMORANDUM DATE: TO: COPY: FROM: RE: October 20, 2008 Councilmember Melvin Carter Councilmembers Jerry Hendrickson, Deputy City Attorney Mazcia Moermond, Sr. Policy Analyst & Legislative Hearing Officer 755 Minnehaha Avenue West City of Saint Paul City Council Reseazch Center 310 City Hall SaintPaul,MN 55102 (651) 266-8570 ��-ia�� On October 1, 2008, Elsie Mayard, occupant of 755 West Minnehaha came to the City Council Public Hearing to appeal a tas assessment for excessive consumption of code enforcement services. She had not returned the postcard indicating she wanted to appeal this assessment, so I asked that the Council refer this item back into Legislative Hearing in order to develop a recommendation. Ms Mayard had a wide range of concerns about the City, its staff and practices, so I checked the Amanda system to deternune which of these were actually property related. In the Amanda system, there was a condemnarion and order to vacate the property issued on September 23 and effective September 24`". I told Ms Mayazd that she should be much more concerned about that, than about the relatively small tax assessment. I also noted that the she should have either had the gas and elech restored by September 24 or have vacated the property. She indicated she had done neither. I asked her if she wanted to appeal the condemnation and order to vacate as well. She indicated that she did. On October 7, I heazd appeals on both the tas assessment and condemnation and order to vacate. Prior to that hearing Mai Vang confirmed by letter with both Elsie Mayard and her son Julien (the owner of the property) the time, date and location of the legislative hearing. At the hearing it was evident that Julien Mayard was not awaze of the order to vacate. He was also under the impression that when the citation related to garage repair issues was settled in the late spring, all of the property issues were settled. In the legislative hearing, Elsie Mayard indicated she did not lmow why she was supposed to be in the hearing and that her issues with Xcel Energy were her private business and not subject to City review. Jennifer Lenzen of the House Calls Program was at the hearing and worked actively to identify solutions. She indicated that most of the resources that may be available to pay Xcel had at least a couple of days of processing time, and one would take almost two weeks. At the conclusion of the hearing I recommended that Elsie Mayard be given until Friday October 24"' to have the gas and electric restored, ar the building would be order vacated October 27�'. There is no appeal form to accompany the records in this matter; however, I believe it is subject to Council review. Jerry Hendrickson confirmed that this is a prudent course of action. Please note that I have asked Vicki Sheffer to prepare an e�chausrive set of the minutes far this hearing. DEPARTMENT OF SAFETY AND INSPECTIONS Richard Lippert Manager of Code Enforcement [`� /��� CITY OF SAINT' PAUL Christopher B. Coleman, Mayor 1600 White Bear Ave N Tel: (651) 266-1900 S¢int Paul, MN 55106 Fax: (651) 266-1926 September 24, 2008 NOTICE OF CONDEMNATION AS UNFIT FOR HUMAN HABITATION AND ORDER TO VACATE Julien Mayard 755 Minnehaha Ave W St Paul MN 55104-1626 Dear Sir or Madam: The Department of Safety and Inspections, Division of Code Enforcement, has determined that the dwelling and premises at 755 MIIVNEHAHA AVE W is "Unfit far Human Habitation". In accardance with Saint Paul Legislarive Code, Chapter 34, Section 23, the premises will be placarded on September 23, 2008 and ordered vacated no later than September 24, 2008. Your attention is called to the following provisions of Section 34.23, Subsection 6 entitled, "Vacation of Structure or Unit": "Any residential structure or residential unit which has been condemned or placarded as unfit for human habitation shall be vacated within the time set forth in the placard andlor order. It shall be unlawful for any person to let.to any person for human habitation any structure or unit so condemned or placarded, and no person shall occupy the structure or unit after the date set forth in the placard and/or notice." THIS DWELLING SHALL NOT AGAIN BE USED FOR HUMAN HABITATION UNTIL WRITTEN APPROVAL IS SECURED FROM THE CITY OF SATNT PAUL; DEPARTMENT OF SAF'ETY AND INSPECTIONS, DIVISION OF CODE ENFORCEMENT AA-ADA-EEO Employer Princinal Violations: These deficiencies must be corrected before this condemnation ��aca�t'e` � order will be removed. 1. Lack of basic facilities. Electric and/or gas service shut off. Authorization to reoccupy this/these dwelling unit(s) will 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 tlueaten the peace, health, safety or welfare of the 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, #200, Commerce Building, (651) 266-9090. You may file an appeal to this notice by contacting the City Clerk's Office at (651) 266-8688. Any appeal must be made in writing within 10 days of the date of this notice. It is the responsibility of the property owner to keep all buildings secured and to properly maintain the premises at all times. If you have any questions concerning this matter, please contact the Inspector, Kelly Booker, at 651-266-1940. 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 as c: Community Stabilization Project HALO - Southern Minnesota Regional Legal Services \\willie\Amanda\DSI-COde\Templatea\uhh.dot AA-ADA-EEOEmployer d,� �a�� DEPARTMENT OF SAFETY AND INSPEC ONS Dick Lippert, Manager of Code Enforcement CITY OF SAINT PAUL ChristOpher B Colem¢n May 12, 2008 Julien Mayard 10044 Nicollet Ave S #304 Bloomington MN 55420-4855 Deaz 3ulien Mayazd, and others, if listed: 1600 P✓hite Be¢r Ave N. Telephane� 651-266-1900 SamtPaul,MN55T06-1608 Facs+m�le.651-266-1926 Julien Mayard 755 Minnehaha Ave W St Paul MN 55104-1626 On May 9, 2008, this department conducted an inspection of your property at 755 MINNEHAHA AVE W and because you were not compliant with a previous order Deficiency: Deficiency with garage or other structure on the property. (garages, walls, fences, sheds,etc...) YOU ARE BEING BILLED $150.00 for the cost of this inspecrian. This is in accordance with Chapter 3424 of the Saint Paul Legislative Code. Payment is due upon receipt of this letter. Make your check payable to the "City of Saint Paul" and mail your payment to: Department of Safety and Inspections, Code Enforcement Excessive Consumption Unit 1600 White Bear Avenue St. Paul, MN 55106 If you do not pay within 30 davs the amount of this bill, plus administrative costs, will be assessed to vour nrouertv taxes. NOTICE Your properry is next scheduled for a REINSPECTION on 3une 30, 2008 WARNING IF YOU DO NOT HAVE THE VIOLATION(S) CORRECTED BY THE NEXT INSPECTION DATE, June 30, 2008, YOU WILL BE BILLED AN ADDITIONAL $150.00 . CALL THE I1��SPECTOR IF YOU FIAVE ANY QUESTIONS: Kelly Booker, at 651-266-1940 Dick Lippert Manager of Code Enforcement aw ec60169 Ir08 City of Saint Paul, Depariment of Deparixnent of Safety and Inspections May 12, 2008 EXCESSIVE CONSIJMPTION INVOICE # 692051 File'�: 07-191246 Property Address: 755 NIINNEHAIIA AVE W Property PIN: 262923430054 Owner Name: Julien Mayard Fee Descn_ption Excessive Consumption $150 Fee Payment is due upon receipt of this letter. Amount � 150.00 Faiture to nav witivn 30 davs will result in this amount bein� assessed to vour uropertp taxes. Make your check payable to the ACity of Saint Paul@. Send payment to: Keep this portion for your records: Deparhnent of Safety and Inspections Excessive Consumption Unit 1600 White Bear Avenue St. Paul, MN 55106 Date Paid: Amt Paid: �• •�� Ck or M.O. # 328 Deficiency: Deficiency with garage or other structure on the property. (gazages, walls, fences, sheds,etc...) H---ClltHERE--H---H---H---H-CAtHERE-H---H---H----CUtHERE--H RETURN this portion with �ur payment City of Saint Paul, Department of Department of Safety and Inspections, Code Enforcement Division EXCESSIVE CONSUMPTION PAYMENT INVOICE # 692051 dated May 12, 2008 File #: 07-191246 Property Address: Property PIN: Owner Name: 755 MINNEHAIIA AVE W 262923430054 7ulien Mayazd Fee Descrinrion Excessive Consumption $150 Fee Amount $ 150.00 Deficiency: Deficiency with garage or other structure on the property. (garages, walls, fences, sheds,etc...) RETURN THIS PORTION WITH YOUR PAYMENT October 7, 2008 Legislative Hearing Minutes 755 Minnehaha Avenue West (J0801E) �bl��� Page 8 Julien Mayazd, property owner, appeazed with his mother/zesident, Elsie Mayard, the appellant. Ma Moermond stated that the first issue on appeal was a charge for excessive consumption of inspection services in which Ms. Mayard had appeared at the Council Public Hearing on September 17 and the matter was referred back for a legislative hearing in order to obtain a report for the inspector. The other item she wanted to address was the condemnation and arder to vacate due t� the lack of basic facilities, that being, no electric or gas. It was her understanding that there had also been a criminal citation issued on arders to repair the garage which was now in compliance. She was informed that this matter was continued in disri court to July, 2009 to ensure there were no other exterior violations at the property. Ms. Mayard stated that she had contacted an attorney and she did not know what this hearing was about. She had many issues with the City, specifically, the Police Department, which had been ongoing for the past 18 years. She lived at the property, it was her house, and ever}rthing was pretty much brand new in the house. Ms. Moermond stated that staff had contacted Southern Minnesota Regional Legal Services (SMRLS) on her behalf. They responded that they had not received a request for representation from Ms. Mayard. Ms. Moermond asked who else lived at the property. Mr. Mayard stated that the house was in his name; however, he lived in Bloomington. Blsie was his mom and he had transferred the title into his name as she was having financial difficulties. He had another brother who lived at the property and could not understand why no one had contacted him concerning the orders. He asked his mom what this hearing was about and she had indicated that she was not sure. He had also asked his mom about the outstanding Xcel bill and she claimed that she had paid the bill. Ms. Mayard alleged that khe City of St. Paul was a bill collector for Xcel and that she had contacted the Attorney General's Office concerning this matter. She did not believe the City had any jurisdiction unless they know what the issue was. She believed that the City was retaliating, harassing, and terrorizing her. She said again that there was nothing wrong with the house, everything was brand new in the house and that the City needed to leave her alone. Mr. Mayard wanted to know why he was not receiving the notices concerning this property. He claimed that the only thing that he had ever received was concerning the garage which they had gone to court on and was now fixed. The garage was re-inspected and he told the inspector that if there was anything else concerning the property, to let him know. . Ms. Mayard said that by the time they went to court, she had fixed the garage. She told Ms. Moermond that she needed to "get this through her head" what she said. Ms. Moermond told Ms. Mayard that she needed to watch the tone of her language and that her turn to talk was over with right now. She said that when she talked to her at the Council Public Hearing concerning her t� assessment, she had gone back to her office and looked on the October 7, 2008 Legislative Hearing Minutes ��ag �� computer and discovered that the house was condemned and ordered vacated. Since this was also an issue, she decided to also hear the issue concerning the condemnation and order to vacate. Ms. Mayard said that they needed to haue an attorney at the hearing. Mr. Mayard said that he believed it was unfair to him since he had not received any notice. If he had known about a "problem" he would have taken care of it. Ms. Moermond responded that when she had talked to him on the phone, she had encouraged him to hire an attorney. She requested a staff report from Ms. Booker. Kelley Booker, DSI — Code Enforcement, stated that a vehicle abatement order was issued on October 16, 2007 which went to work order on October 29, 2007. A correction notice was also issued to repair the garage vehicle door on October 16, 2007. On November 24, 2007, a$50 charge for excessive consumption of inspection services was issued for failure to comply with the order to repair the garage vehicle door. On January 3, 2008, a$75 charge for excessive consumption of inspection services was issued for failure to comply with the order to repair the garage vehicle door. There were also issues with garbage beginning in March, 2008. A summary abatement order was issued to remove garbage and to provide proof of garbage hauling service on March 19, 2008. A work order was sent on March 28, 2008 to provide City trash hauling service at the property. On May 12, 2008, a$150 charge for excessive consumption of inspection services was issued for failure to comply with the order to repair the garage vehicle door. A complaint was received on May 15, 2008 that the City trash container that had been at the property was moved to West Minnehaha Playground which she confirmed had been done. She then ardered the City container be removed. As of today's date, she did not have confirmation of a garbage hauling contractar for this property. A correction order was issued on June 30, 2008 to provide basic facilities for unit 2, that being utilities, which had been shut off. On July 7, 2008, she received confirmation from Xcel that the utilities had been restored as they had negotiated a payment plan with the responsible party. On July 9, 2008, a citation was issued for non-compliance on the gazage vehicle door. She said that she received an e-mail on ar about August 10, 2008 from David Palm, City Attorney's Office, inquiring as to whether the garage was in compliance. She inspected the property and found that the garage repairs had been made and she closed the file for this complaint on August 11, 2008. A correction order was issued on September 17, 2008 to provide basic facilities, that being gas and electric far the entire house. According to Xcel, the power was cut off at the pole on August 2, 2008 and the gas meter was re-locked on August 7, 2008 due to tampering with the meter. On September 23, 2008, she checked with Xcel to see if the utilities had been restored which they had not. On September 24, 2008, she condemned the building as unfit for human habitation and ordered the property immediately vacated. She noted that the condemnation placards had been removed on two occasions. Ms. Moermond asked who the orders were sent to since Mr. Mayard had raised this as an issue. Ms. Booker responded that per Ramsey County Tasation, the homesteader of the property was listed as Julien Mayard at 755 Minnehaha Avenue West, which is where the orders were mailed to. There was no other name or address listed for this property. She noted that the property had been believed to be a rental property and was referred to Fire Prevention for a certificate of October 7, 2008 Legislative Hearing Minutes bB-��� Page 0 occupancy inspecrion. Fire Prevenrion determined that the property was owner occupied and transferred the file back to Code Enforcement. Ms. Moermond asked how Mr. Mayazd would have his address listed as the responsible party for this property. Ms. Booker suggested Mr. Mayard contact Maynard Vinge in Code Enforcement to haue the file transferred to Fire Prevention under the certificate of occupancy program. Mr. Essling stated that according to STAMP, the orders issued on May 12, 2008 for the excessive consumption chazge were mailed to Julien Mayard at 755 Minnehaha Avenue West and to 10044 Nicolette Avenue South #304 in Bloomington. Ms. Moermond stated that the property had been condemned, ordered vacated and there were other related issues as well. Ms, Mayard interrupted and asked Ma Moermond who she was talking to. Ms. Moermond responded that she was speaking to her son, Mr. Mayard, as he was the property owner. Ms. Mayard responded that whether she liked it or not, she lived there and there was no issue. She had a letter from the inspector hauing been mislead by going to their house. Ms. Moermond interrupted and said that this was concerning the condemnation and arder to vacate. Ms. Mayard said that she needed to talk to her and not to her son since she lived there. Ms. Moermond responded that her son, Julien Mayard's, name was on the title and he was listed as the owner. She said that at the Cowicil Public Hearing, Ms. Mayard had told her that she was the owner which she believed was a misrepresentation on her part. She asked Mr. Mayard whether he was aware of the condemnation and order to vacate due to the utilities being shut off and if he was aware that the meter had been locked due to tampering. Mr. Mayard responded that he did not lrnow and wanted to find out what was going on. Ms. Mayard interrupted that Ms. Moermond was "lying" and was "making up a story." She said that Xcel made up stories to the City and that she had paid her bill. She believed her due process had been violated as the City had no jurisdiction over Xcel. Ms. Moermond told Ms. Mayard that she had plenty of opportunity to have an attorney present and had failed today to do so. She welcomed her to have her attorney attend the Council Public Hearing. She asked Ms. Mayard whether the electric and gas had been turned back on. Mr. Mayard responded that he did not find that the power was on when he was there. He had asked his mom about the power being shut off and he believed there was some confusion as she told him that she had made payments on the bi11. Ms. Moerxnond said that it appeared that a payment plan had been set up. Ms. Mayard interrupted and said that she had not made any arrangements and that the Attorney GeneraPs Office had contacted Xcel concerning her bill. They had negotiated that she pay $2,000 and there would be no problem in talking with Xcel concerning her bill. She claimed that she had called Xcel and they refused to talk to her. They then came back and did whatever they wanted to do. She called the Attorney General's Office again concerning her bill. Ms. Moermond expressed concern that Ms. Mayard claimed that she had been talking to the Attomey GeneraPs Office concerning her issues with Xcel when she should have been referred to the Public Utilities Commission as they were responsible for handling these types of issues. She explained that the City required basic facilities be provided (gas, electric, water, and sewer) October 7, 2008 Legislative Hearing Minutes E�8 /c�� Page 11 in order to inhabit a property. She asked Mr. Mayazd how old his brother was who lived with his mom. Mr. Mayard responded that he believed he was 23. Ms. Moermond asked whether the brother was working and could contribute towazds the household expenses. Ms. Mayard said that she had paid Xcel $2,000 which was the problem. She said that she was told not to use candles or extension cords which she was not doing since she didn't have power. She believed that this was another "lie" in the orders. Ms. Booker responded that the language in the order was standard language and that she never indicated that there was a use of extension cords at the property. Ms. Moermond asked if the building was a duplex and if so, who lived in which units. Mr. Mayard responded that he did not control who lived where. Ms. Mayard said that the entire house was lived in as a single unit. Jim, son of Elsie Mayard, appeared. Mr. Mayard asked what he needed to do to take care of this situation. Ms. Moermond responded that they needed to have the power turned back on. Mr. Mayard said that when he asked his mom about the Xcel bill, she indicated that she had paid the bill and showed him a receipt for it. He did not know what was going on between his mom with Xcel. Ms. Moermond asked Mr. Mayard whether he had actually looked at the bill. Mr. Mayard responded that he had not. He said that he would need to contact Xce1 concerning the bill; however, he did not believe they would talk to him since his name wasn't on the bill. Ms. Moermond asked Jim whether he could address the issue with the meter being tampered with and if he was aware of what had happened. Jim responded that he did not know what was going on. Ms. Mayard interrupted again and said that she believed Xcel was mad and had cut the power at the line. She claimed that she had been in court many times with Xcel for what they had done to her. She believed they were angry which was why she contacted the Attorney General's Office. Ms. Moermond asked Ms. Mayard whether she had been in court with Xcel. Ms. Mayard responded that she had been in court many times; "are you kidding me?! !" "Xes, she had been in court many times." Ms. Moermond asked Ms. Mayard whether she understood that she could become homeless or living with her son Julien if this sihxation was not taken care of. Ms. Mayard responded that she would not be homeless and that she had given all of her bills to the Attorney GeneraPs Office. She had paid Xcel and she believed the City was invading her privacy. Jennifer Lenzen, Ramsey County House Calls, said that she could check with Xcel concerning the bill and whether there was an outstanding balance on the bill. She said that if money was owed, she did have several outside agencies that she could contact to request financial assistance to pay the outstanding bill. Ms. Moermond asked Ms. Mayard how much she owed Xcel. Ms. Mayard said that she believed she owed $5,000. She claimed that she had a mediation conference scheduled with Xcel through October 7, 2008 Legislative Hearing Minutes 0� 9� Page 12 the Attorney GeneraPs Office. Ms. Moermond stated that this was fine; however, the Code was very clear that if the property lacked gas and/or electricity, no one would be allowed to live at the property. The hearing was adjourned from 12:15 to 12:30 p.m. in order for Ms. Lenzen to contact Xcel Energy concerning the outstanding bill. Ms. Moermond passed out a handout concerning the outstanding Xcel bill for this property which was obtained by Ms. Lenzen. According to Xcel, $5,000 was owed at the begimiing of June; they received a payment of $2,000 in June which lefr an outstanding balance of $2,742. Xcel indicated that they would need $1,925 in order to turn the power back on at the property. According to Ms. Lenzen, the social service organizations would only be able to provide approximately $1,600 in assistance. That would mean the Mayasds would need to come up with approximately $817 to pay the remainder of the outstanding bill. She asked Ms. Lenzen how long it may take to process applications for assistance and who would be responsible for applying far assistance. Ms. Lenzen responded that the person whose name was on the bill would be required to fill out the paperwork and that the time to process applications varied among the different agencies. She asked Ms. Mayard whether she had applied for any assistance during the past year. Ms. Mayard responded that she had not. Ms. Lenzen stated that Ramsey County Emergency Assistance would probably be the best source for assistance; however, it usually took approximately two weeks or more for money to be allocated. It usually only took a few days to find out from the other various agencies as to whether they would provide assistance. Ms. Moermond expressed concern on the ability to fi11 out the paperwork correctly to apply for assistance and to do so in a timely manner. Mr. Mayard stated that he believed he should be the responsible party in working out the payxnent for the Xcel bill and that the bill should be changed to his name and address. Ms. Moermond asked whether anyone in the household was employed and contributed to paying the household bills. Ms. Mayard said that the bill was in her name and she didn't understand. Ms. Moermond interrupted Ms. Mayard and said that she was not answering the question she was asking and expressed concern that she was either unable to understand her or was not listening to her which lead her to question her competency. She clarified that she was concerned about the other household expenses being paid and the ability to be able to pay those bills into the future. Mr. Mayard asked how soon the Xcel bill could be switched into his name. Ms. Booker responded that she did not know whether Xcel would change the name on the bill since there was an outstanding balance due and owing. Ms. Mayard stated that Xcel was a private entity and she believed the City was violating her rights. She said that the City ordinances needed to be changed to protect the public interests under the law. She said that she had met the Mayor, Chris Coleman, and she wasn't sure whether he was a nice person or whether he was racist; however, she found him to be a very nice October 7, 2008 Legislarive Hearing Minutes person. She believed that City employees were all racist and were not nice people. Y�'-ld�� Page 13 Ms. Moermond said that she wanted to ensure that the Xcel bill was paid and remained in good standing. She said that she would grant an extension to Friday, October 24 to have Xcel restore the power at the property. If the power is not restored by October 24, the building will need to be vacated on Monday, October 27.