08-1346Council File # �' �
Green Sheet# 3064617
Presented by
RESOLUTION
SAINT PAUL, MINNESOTA
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1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
2 hearing record and testimony heazd at public hearing on November 19, 2008 hereby memorializes its
3 decision to certify and approve the November 4, 2008 decision of the Legislative Hearing Officer for the
4 following address:
5
6 ADDRESS APELLANT
8 850 Beech Street
Dionne Smith
10 Decision: Appeal denied and extension granted to Monday, December 1 to vacate the building.
Requested by Depariment oE
Adoption CertiSed by Counci] Secretary
By:
Approved y nfa r: dDate �� 'J U�
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Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
Adopted by Council: Date ���/(�(�(�jJ�
� Green
Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmenUOffiGe/COUnci1: Date Initiated: v � � �� �
co -�°°°�<< 24-NOV-08 Green Sheet NO: 3064617
Contact Person & Phone: Deoartment Sent To Person InkiaUDate
Marcia Moermond y o ooncu 0
Cr8570 1 ooncil De artment Director
Assign 2 S1vClerk Cti Clerk
Must Be on Council Agenda by (Date): Number 3 �
Por 4 —
Routing
Doc.Type:RESOLUTION Order 5 0
E-Document Required: Y
Document Contact: Mai Vang
Contact Phone: 6-8563
ToWf # of Signature Pages _(Clip Afi Locations for Signature)
Action Requested:
Resolution memorializing City Council action taken November 19, 2008 denying the appeal and extension granted to December 1 to
vacate [he building a[ 850 Beech Skeet, per the recommendation of the Legislative Hearing Officer.
RecommerWations: Approve (A) or Reject (R): Personai Service CoMracts Must Answerthe Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Cammittea 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 ali yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWges If Approved:
DisadvanWges If Approved:
Disadvantages If Not Approved:
Total Amount of CosVRevenue Bud eted:
Transaction: 9
Funding Source: A�tivity Number:
Financial I nformation:
iEUplain)
December 3, 2008 426 PM Page 1
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October 30, 2008
Dionne Smith
850 Beech Street
Saint Paul, MN 55106
RE: 850 Beech Street
Dear Ms. Smith:
CITY OF SAINT PAUL
CITY CLERK'S OFFICE
Your appiication for an appeal has been received and processed.
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Please attend the public hearing before the Legislative Nearing Officer on Tuesday,
November 4, 2008 at 11:00 a.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 hea�ing may result +n denia! of your appeal.
Sincerely,
�,�1��LI �'�
Shari Moore
City Clerk
cc: Phil Owens, DSI (Fire)
Leanna Shaff, DSI (Fire)
Marcia Moermond, Legislative Hearing Officer
Jerry Hendrickson, Deputy City Attorney
Shane Hendricks, Owner
15 WEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUI, MINNESpTA55102
Te1:651-2668688 Fax:651-266-8574 wwwstpaul.gov
AA-ADA-EEO Employer
APPLICATION FOR APPEAL
Saint Paul Ciry Clerk
15 V✓. Kellogg Blvd., 310 City Hall
Saint Paul, Minnesota 55102
Telephone: (651) 266-8688
l. Address of Properry being Appealed:
.�r.
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4. Nazne of Owner: �`'�Q f� � ���, ��_,L �
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Address: �� �y � e G�Ci+'1 i� City: S'F •��� State: � 1�1 • Zap:�l��
Phone Numbers: Business
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2. Number of Dwelling Units: � 3. Aate of Letter Appealed:
Residence
Signature:
Cellulaz65/ 35�/5'
5. Appellant / Applicant (if other than owner}: _!)� O n n�- J; Y\ �"�1
Address: �.�C3 �@ ��-��v� City: S'� .Pan, ! State: �1 Y�_Zip: 1�
Phane Nutnbers: Business
Si
Residence �5/ - �"i 7�i Cellulaz
6 State specifically what is being appealed and why (Use an atCachment if necessary):
NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accompany this application as a
necessary condition for filing. You must attach a copy of the original orders and any other correspondence relarive
to t}us appeal. Any person unsatisfied by the final decision of the City Council may obtain judiciai review by
timely filing of an action as provided by law in District Court.
For O�ce Use Only '
Date Received: Fee Received: Receipt Number: Date of
DEPARTMENT OF SAFETY AND INSPECTIONS
F�rc Inspecnon Drvision
2obeit KessLei�. Director
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CITY OF SAINT PAUL
Christophcr 8. CoLeman. Mayor
October 27, 2008
SHANE HENDRICI<S
1414 MECHANIC AVE
ST PAUL MN 55106-3521
850 BEECH ST
Re£ # 109562
Dear Property Representative:
Your buildmg was inspected on Oeto}�er 27, 2008.
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The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazard to tl�e public
welfaze 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 reinspecCion will be made on November 3, 2008 at 1:00 P.M..
CONDEMNAT[ON OF TAE BUILDING REVOKES THE FIRE CERTIFICATE OF OCCUPANCY.
Failuse to complete the corrections may result in a criminal citation. The Saint Pau] Legislative Code requires
that no building be occupied without a Fire Certificate of Occupancy.
DEFICIENCY LIST
CONDENINATION - SPLC 34.23, MSFC 110.1 - This occupancy is condenmed as unfit for human
habitation. This occupancy must not be used until re-inspected and approved by this office.
BUILDING TO BE VACATED BY MIDNIGHT NOVEMBER 2, 2008.
2. EXTERIOR - FENCING - SPLC 34.08 (5), 3431 (3) - Repair, replace and maintaiu ali 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.
Repair/re�tace defective chain link fencing.
3. EXTERIOR - FRONT ENTRY STEPS - SPLC 34.Q9 (2), 3432(2) - Repair or replace the unsafe
stairways, porch, decks or railings in an appiroved manner. This work may require a pernlit(s). C�11 DSI at
(651) 266-9090.
Replace defective front entry concrete steps.
/OG &�st / l'" 57i'eel 7�elepnnne 6J l-7Zfi-G239
Snm� Pnu(, MN»10f
VACATE BUILDING B 11/2/ 8
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4. EXTERIOR - FRONT ENTRY STEPS - SPLC 34.09 (2), 34.32(2) - Repair or replace the damaged
handrail in an approved manner. This work may require a permit(s). Call DSI at (651) 266-9090.
Secure handrail front entry steps.
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5. EXTERIOR - GROtND COVER - SPLC 34.08 (3) - Provide and maintain suitable ground cover on all
exterior areas to control erosion.
6. EXTERIOR - PARKING SURFACES - SPLC 34.08 (7) - All pazking spaces shall be paved with
asphalt, concrete, or durable dustless surfacing. Before any existing spaces may be paved, site plan approval
must be obtained as specified in the St. Paul Zoning Code. Contact DSI Zoning at 651-266-9090.
Provide all areas used for vehicle parking to be properly surfaced.
7. EXTERIOR - RETAINING WALL - SPLC 34.OS (5), 34.31 (3) - Repair, replace and maintam all
exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration.
Provide and maintain exterior unpmtected surfaces painted or protected from the elements.
Repair/replace defective retaining wall by public sidewalk.
8. EXTERIOR - SCREENS - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window
screens.
9. EXTERIOR - STORM DOOR - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good
condit�on.
REPLACE MISSTNG GLASS FOR FRONT PORCH STORM DOOR,
10. EXTERIOR/INTERIOR - PORCH WTNDOWS - SPLC 34.09 (3), 3432 (3) - Repair and maintain the
window glass.
REPLACE BROKEN WINDOIWS.
11. INTERIOR - KITCHEN CLOTHES DRYER - UMC 504.6 - Provide, repair or replace the dryer
exhaust duct. Exhaust ducts far domestic clothes dryers shall be constructed of inetal and shall have a smootl�
inferiar finish. The exhanst duct shall be a minunum nominal size of four inches (102 mm) in diameter. The
entire exhaust system shaii be supported and sacured in place.
12. INTERIOR - OVERCROWDED - SPLC 34.13 (2), (3), SPLC 34.17 (2) - Reduce and maintain the
number of occupants in the unit to:
LEGAL NUMBER AS PER LEGISLATIVE CODE.
13. INTERIOR BASEMENT - FURNACE ROOM STORAGE - MSFC 315.23 - Remove combustible
storage from the fuel burning equipment rooms.
Furnace room filled with furniture, mattresses, boxsprings, and other combustibles.
Clean out furnace room/
14. INTERIOR BASEMENT - ILLEGAL SEDROOM - SPLC 3413 (4) - Provide and maintain an
approved escape window from each sleeping room. The minimum size must be 5.7 square feet of glazed area
with a minimum of 24 inches of openable height and 20 inches of openable width. Refer to provide handout
EW-1 for more information.
SLEEPING IN BASEMENT—MATTRESS ON FLOOR—SLEEPING BAG.
ILLEGAL BEDROOM.
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15. INTERIOR REAR PORCH - SMOKE DETECTOR - MN Stat. 299F362 - Immediately provide and
maintain a smoke detectar located outside each sleeping azea.
SLEEPING ON PORCH--NO SMOKE DETECTOR.
16. INTERIOR/BASEMENT - GASOLINE/GAS POWERED EQUIPMENT - 10/9/08MSFC 315.2.5 -
Fueled equipment, including but not limited to motorcycles, mopeds, lawn-care equipment and portable cooking
equipment, shall not be stored, operator or repaired within a building.
Go-kart and gasoline can found in house on 10/9J08. Had occupants xemove at time of inspection.
17. NUISANCE ACTIVITY - SPLC AO THERE IS A REPORT OF NUISANCE ACTIVITY AT THIS
PROPERTY. FAILURE TO ADDI2ESS THIS ISSUE MAY RESULT IN REVOCATION OF THE
CERTIFICATE OF OCCUPANCY. CALL FOR INFORMATION.
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 1Q days of the date of
the original orders.
If you have any questions, you may contact me at 651-266-8943.
Sincerely,
Barb Cummings
Pire Inspector
Re£ # 109562
cc: Force Unit
cc: District CouncIl
AA-ADA-EEO Employer
November 4, 2008 Legislative Hearing Minutes
Page 3
Appeal of Dionne Smith to a Certificate of Occupancy Revocation, which includes ��
Condemnation and Order to Vacate, for property at 850 Beech Street.
Dionne Sxnith, appellant, appeared.
Ms. Shaff stated that the first inspection of the property was August 29, 2008 and on the fourth
inspection, the inspector, Barb Cummings, condemned the property due to numerous violations that
had remained uncorrected. Specifically, she noted the following: it appeared there were people
sleeping in the basement as there was a mattress and sleeping bags on the floor and there was no
adequate egress; there were people sleeping in the porch with no smoke detector; there was over
occupancy of the house; and there were stacks piled around the furnace in the basement. The
building was ordered vacated on November 2 with a re-inspection on November 4 and this appeal
was then filed.
Ms. Smith stated that she was on Section 8 and rented the house from Shane Hendricks. The house
was a one-level house with four bedrooms on the upper level. She said that she did not know about
the orders that had been issued until the condemnation order. She contended that no one was
sleeping in the basement and that the following lived with her: two nieces, ages 19 and 18; her 17
year old son; her 15 year old son; and her 12 year old daughter. She said that her 17 year old son
played basketball for Johnson, her 15 year old son played football, and her 12 year old daughter
played volleyball and there was a continuous flow of "kids" constantly throughout her house. She
said that she was considered the "Big Mama" of the neighborhood. She said that no one was
sleeping in the back porch and that it was possible the inspector believed it was being used as such
because she had tumed the porch into a"game room" for the kids. She was aware that the inspector
had indicated the porch required a smoke detector so she purchased one and had it installed. She
said that the basement contained two rooms; one was for storage and the other contained the
utilities. She said that the storage room had two mattresses and when her kids would go down to
the basement, they would knock the mattresses over on the floor.
Ms. Moermond asked Ms. Shaff for clarification concerning #12 — Interior — Overcrowded. It did
not list square footage or the number of occupants that were allowed. Ms. Shaff responded that she
had questioned the inspector concerning this item priar to the hearing and the inspector could not
give her an answer.
Ms. Moermond asked Ms. Smith about the nuisance activity that had occurred at the property. Ms.
Smith responded that she had met with an attorney that morning concerning this issue. She
contended that her 17 year old son was diagnosed with ADHD and when he did not take his
medication, he would become irate. She said that whenever his behavior became threatening, she
would call the Police as she didn't know what else to do. She had not realized that calling the
Police for help was considered nuisance activity. She claimed that her son's basketball coach was a
St. Paul Police Officer who was wiliing to testify in court to her son's behavioral issues. She said
that she would also call the Police whenever she witnessed any questionable activity in her
neighborhood and that she was known by all of her neighbors as one who would not tolerate such
behavior.
Ms. Moermond questioned the police activity far this property. Ms. Smith said that she had copies
of the police calis far this address and presented copies. Ms. Moermond reviewed the records and
expressed concern over the entry for disturbance/fights; robbery, highway, firearms. Ms. Smith
November 4, 2008 Legislative Hearing Minutes �� 2 �� Page 4
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explained that on this particular incident, she had a fi come over to her house who insisted on
sleeping in his van rather than sleeping inside the house. She said that her friend had been robbed
while he was sleeping in his van and she called Police. She said that she did not understand several
of the other calls that were listed on the report.
Ms. Moermond asked Ms. Smith about the seazch warrant that was listed on the report. Ms. Smith
explained that the authorities were looking for a relative of her ex-husband who had remained
friends with her family. She had begun a"relationship" with this friend and he would come over
often to visit. Since the "incidenY' with the Police had happened, she had told him that she no
longer wanted to continue a relationship with him as she would not tolerate this type of behavior in
her house. She said that her attorney was working on this issue for her.
Ms. Moermond asked Ms. Smith who her attomey was and why the attorney was not present for
this hearing. Ms. Smith responded that her attomey was Evan Tsay and he was only representing
her on the criminal search warrant.
Ms. Moermond stated that in looking at the deficiency list from August 29, she asked Ms. Shaff
whether any of those deficiencies had been corrected. Ms. Shaff responded that according to the
inspector, none of the deficiencies had been corrected. Ms. Smith said that Mr. Hendricks had done
some work at the property and she had also made some of the corrections.
The hearing was recessed from 11:25 to ll:40 a.m. in order for Ma Moermond to review the
records.
Ms. Moermond stated that according to the inspector, the house was condemned due to
overcrowding, and the basement and back porch were being used as sleeping rooms. She
understood that Ms. Smith was contending that this was not the case; however, the inspector had
experience with many properties and made this determination. She said that she had also called the
Police Deparhnent to get more information concerning the nuisances at the property which the
inspector had noted. According to the information she received, they indicated that Ms. Smith
received the criminal tag far drugs that were found in her bedroom.
Ms. Smith said that she did not know what was found as she was in the other room with her kids
when the search was conducted. She said that if her "family friend" had brought the drugs into the
house, she was unaware of it. Her attorney was handling this matter for her.
Ms. Moermond stated that according to Legislative Code Sec. 34.23, a dwelling could be
condemned as unfit for occupancy. What she believed could be applied in this case was illegal
occupancy:
(2) Illegal occupancy. If any dwelling unit, structure or any part thereof is occupied by
more occupants than provided by this chapter or is erected, altered or occupied contrary to
law, the unit, shucture or part thereof shall be deemed an unlawful structure and the
enforcement officer shall cause the unit or structure vacated. It shall be unlawful to occupy
such unit or structure until it or its occupation, as the case may be, has been made to conform
to the law.
November 4, 2008 Legislative Hearing Minutes 6��i3 /� ( Page 5
Ms. Moermond believed this could be attributed to the basement and/or back parch being used for
sleeping rooms. She was also concemed that the owner had several inspections over the past two
months and had failed to make the necessary corrections. Given the lack of performance on behalf
of the owner, she did not have confidence that the property would be brought into compliance.
Ms. Smith stated that the owner had commented to her that if the property was condemned and
ordered vacated, he would not bother to make any of the repairs and would put the property up for
sale. She had expressed her concern that he was unwilling to make any of the necessary repairs and
that since she was only renring the property, he would be forcing her to find another place to live.
Ms. Moermond recommended denying the appeal and gran6ng an extension to Friday, November
21 to vacate the building. Ms. Moermond received a communica6on from Ron Michaelson,
SMRLS, after the hearing. Mr. Michaelson indicated that he was representing Ms. Smith on the
misdemeanor tag that she had received; however, she had not requested his assistance concerning
the condemnation and order to vacate. He requested an extension of the vacate date to Monday,
December 1. Ms. Moermond indicated to him that she would grant his request and would notify the
department that her recomxnendation was to change the vacate date to Monday, December 1.