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08-203MINNESOTA 1 BF, IT RESOLVED, that��ncil of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heard at public hearing on February 20, 2008 hereby memorializes its � decision to certify and approve the February 5, 2008 decision of the Legislative Hearing Officer for the -1 tbllowing address: 6 ADDRESS 8 245 Robie Street West APELLANT Dagney B. Lowell 10 ] 1 Decision: Appeal denied and granting an extension to February 19, 2008. Requested by Department of: Adoption Certified by Council Secretary �y. ---� Approved y a Date ��( 6 By: � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: coUn�a Fae # e8 - a-D3 Green Sheet # � �S p,3?�S Adopted by Council: Date ��C)S�i��.� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � bg� �63 Cp -Council . ConWd Person & Phone: Marcia Moertnond 6-8570 � Must Be on Council Aaen (Date): Doc.Type: RESOLUTION ; E-DOCUment Required: Y 'i DocumentContact: MaiVang � Contact Phone: 6-8563 Total # of Signature Pages _(Ciip Ali Locations for Signature) ; Action Reques[ed: j Resolu[ion memorializing City Council action taken February 20, 2008 denying the appeal and granting an extension to February 19, �'�, 2008 for property a[ 245 Robie Street West, per the recommendation of the Leg�slative Hearing Officer. ; Recommendations: Approve (A) or R Planning Commission � CIB Cammittee , Crvil Serv�ce Commission Initiating Problem, Issues, OpportuniTy (Who, What, When, Where, Why): �I, Advantages If Approved: I Disadvantages If Approved: �. �—' '� Dfsadvantages If Not Approved: i � Total Amount of ; Transaction: � Funding Source: = Financiallnformation: � (Explain) February 22, 2008 930 AM 22-FEB-08 I Green Sheet NO: 3050335 � ucM4�U11C1�1 0 ounc0 AsSign 1 ouocil De artmentDirector Number Z i Clerk Ci Clerk For Routing 3 Order 4 5 1. Has this persoNfirm ever worked under a contract for ihis department? Yes No 2. Has ihis person�firm ever been a city employee� Yes No 3 Does this person/Frm possess a skill not normally possessed by any currenl city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet CosURevenue Budgeted: Activity Number: Page 1 =,.s ��� +�, .s��� �E ��`����� January 24, 2008 Dagney B. Loweii 245 W. Robie St. St. Paul, MN 55107 CTTY OF SAINT PAUL CITY CLERK'S OFFICE RE: appeal for 245 W. Robie St. Dear Dagney Lowell: Your application for an appeal has been received and processed. 08 ��63 Please attend the public hearing before the Legislative Hearing OfEicer on Tuesday, February 5, 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 Officerwili hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, �� Shari Moore City Clerk cc. �l�zr� �� Joel Essfing, DSI Code Enforcement Marcia Moermond, Legislative Hearing Officer 15 WEST KELLOGG BOULEVARD, SUTTE 310 SAINT PAUL, MINNESOTA55102 Te1:651-266-8688 Fac:651-266-8574 wwwstpaul.gov AA-ADA-EEO Employu `'�^��$�t�'� 6�.�j� JAN2,32DO APPLICATION FOR APPEAL � Saint Paul City Clerk �� 15 W. Kellogg Blvd., 310 City Hall �— °�� +� Saint Paul, Minnesota 5� 102 Telephone: (651) 266-8688 Appealed: 1. Address of Property t �:� S`� �2�k 4. Natne of Phone � 2, Number of Dwelling Units: � 3. Date of Letter Appealed: I-l�--�� ��Zip � Business � ��nce���ellulaz h _ � . t�,,,"1„ ��� 5. Appellant / Applicant (if other than owner): Address: Phone Numbers: Business City: Residence Cellular 6-State specifically what is being appealed and why (Use an attachment if necessary): NOTE: A$25.00 filing fee made payable to the CiYy of Saim Paul must accompany this application as a necessary condition for filing. You must attach a copy of the original orders and any other correspondence relative to this appeal. Any person unsatisfied by the final decision of the Ciry Council may obtain judicial review by vmely filing of an action as provided by law in Dishict Court. For OfFce Use Date Received: Fee Received: Rec Date of Hearing: i l� i v �v / CITY OF 5AINT PAL3L b$ ��03 DEPARTMENT OF SAFETY AND INSPECTIONS DIVI5ION OF CODE ENFORCEMENT 1600 White Bear Avenue Saint Paui, MN 55106 SUMMA�RY ABAT�1l�1lTT QRI)ER Januarv 16. 2008 on te _ n�� D te a' � Maited By (lnit) Yog hais fias koj hais lus Hmoob thiab koj tsis to taub uab ntawv no, hu rau tus ixhais lus ntawm (651) 266-1918. Nws yog pab dawb zwb. Si usted habla el Espanol y no entiende esta nota, llama (651)266-6008 para un traductor. No costo. Dagney B Lowell 245 Robie St W StPaul MN 55107-2774 As owner or person(s) responsible for: 245 ROBIE ST W you are hereby ordered to eliminate all � nuisance conditions wluch are in violation of Chapter 45 of Saint Paul Legislafive Code. � Remove improperly stored or accumulated refuse including: garbage, rubbish, discarded furniture, appliances, velucle parts, scrap wood and metal, recycling materials, household items, building materials or rubble, tires, brush, etc., from yard areas. �" Cut and remove tall grass, weeds and rank plant growth. „ � Remove and properly dispose of all anim�l feces from yard areas. � � IMM�DIATELY secure all buildings which are open to unauthorized enixy, including: Other: REMOVE AND PROPERLY DISPOSE OF FIRE DEBRIS AND CONTENTS OF GAR.AGE. If you do not correct the nuisance or file an appeal before January 23, 2008, the City will correct the nuisance and chazge all cosfs, including boarding costs, against the property as a special assessment to be collected in the same way as property taxes. eharees: If the City cosects the nuisance, the charges will include the cost of correcrion, inspection, trave] time, equipment, etc. The rate will be approxixnately $260.00 per hour plus expenses for abatement. You must maintain the premises in a clean condition and - w ----- - provide proper and adequate refuse storage at all ti�aes FAI TO COMPLY MAY RESULT IN A CRIMINAL CITA TIOlV Issued by: Joel Essline Badge Number 322 Phone Number 651-266-1904 If ypu have any questions about tlus order, the requirements or the deadline, you should contact the Inspector listed above, Monday t�rorigh Friday. A eals: You may appeal this order and obtain a hearing before the City Council by completing deadline noted above or seveIl (7) days after the date mai]ed, w]uchever comes first. No anueals Cozrection Order wiflt vour apoeal apulicaTion. with the City Clerk before the appeal '� WARNING Code inspection and enforcement trips cost the tacpayets money. If the violations aze not cosec[ed witl�m the time period required in ibis notice, the city's costs in conducllng a reinspectioa after the due date for compliance will be co]IecYed &om the owner mthat6an being paidby tke taCpayers of the city. Tf additionai new violations aze discovered witliln the nex[ followiag 12 months, the ciry's cos[s in conducting addilion2l inspections at this same locarion wiU�ia such 12 months will be collected from the ovmer rather fhau being paid by the taxpaye� of the ciry. Apy such future costs will be collected by assessment against the real property and aze in addition to any other fines or assessments wluch may be levied agains[ you and your property. sa60158 10/09 CITX OF SAINT PAI3L DEPARTMENTOFSAFETI'ANDINSPECTIONS DIVISION �F CODE ENFORCEMENT r d , ab � I600 White Bear Avenue t/o Saint Paul, MN 55106 VEHICLE.ABATEMENT ORDER Dagney B Lowell 245 Robie St W St Paul MN 55107-2774 Januarv 16.2068 ecti n Date ate Mailed By (iuit) As owner or person{s) responsible for 245 ROBIE ST W YOU ARE FIEREBY NOTIFIED THAT THE FOLLOWING VEHICLES ARE IN VIOLATION OF TF#E SAINT PAUL LEGISLATIVE fiil Make UNKNOWN-DAMAGED TINKNOWN BIJRIED IN FII2E DEBffiS IJNKNOWN #4 License CODE: A- L acks current licensekabs B - Open to enhyfunsecured C - Missing vital parts/dismantled CHAPTERS #2 F:� D - Appears undriveab7e E - Unimproved surface F - Other vio1afion FAILiJRE TO COMPLY MAY RESULTS IN TAGGING AND/OR TOWING. OR 163: F:FI #6 C�A32GES: If the �ity imgcands and dispos�s af the vtlucla(s), thz charges assessed to thc atove property will be appro�mately $1,000.00 for each vehicle. Tlus charge does not include impound fees and other related costs for release of vehicle(s). Vehicles found to be in viola6on on or after .TBIIUai'�* 23, 200g will be removed, impounded and disposed of in accordance with law. The cost of tlus abatement will be charged against the property as a special assessment to be, collected in the same way as property taxes. Noncompliance with tlus order and repeat violations will result in the issuance of criminal citation Issued by: Joel EssZing Badge Number: 322 Phone Number: 651-266-1904 A�neals. Yov may appeal this order and obtain a hearing before the City Council by completing an appeal application with the City Clexk before the appeal deadline noted above or seven (7) days after the date mailed, whichever comes first. No appeals may be filed after that date. You may obtain an appeal application from the Ciry Clerk's Office, Room 310, City Hall, St. Paul, MN 55102. The telephone numbec is (651) 266-8688. You must submit a copy of this Vebicle Violation Notice with your appeal applicarion. *WAKNING Code inspection and enforcement trips cost the taYpayers money. If mulriple h'ips within a yeaz to your property aze required to insure compliance with the law, you may be chazged for the cost of inspecrions and enforcement trips to your property. Such chazges aze in addirion to any other fines or assessments which may be levied against you and your property. va60159 5/07 Date: January 23, 2008 b$ ��3 �le #: 06 - 019592 Folder Name: 245 ROBIE ST W PIN: 072822120177 February 5, 2008 Legislarive Hearing Minutes O g ���7) Page 4 3. Appeal of Dagney Lowell to a Sitmmary Abatement Order and Vehicle Abatement Order for property at 245 Robie Street West. Mr. Betz stated that there was a garage fire that occurred on 7anuary 8, 2008 that burnt the gazage to the ground as well as a vehicle that was inside the garage. 7oe1 Essling inspected the property on January 16 and orders were issued to remove all of the rubble and the burnt vehicle with a compliance date of January 23. The appellant then filed this appeal requesting additional time. Mr. $etz presented a picture of the property. Dagiey L,owell, appellant, appeared and stated that she had gotten a dumpster from Kay Wittgenstein and it was now half full. There were also some appliances and tires that needed to be removed and she was working with Kay on that as well. She explained that John, who lived with her, had burnt down the garage and was cutting up the bumt out car for scrap metal. It should have been gone by now but he and his friends were more inferested in watching the Super Bowl game. The other car should have been gone by now as well and she had called the owner almost every day to come and get it but he has not complied. Her house was currently in foreclosure and the sheriff s sale occurred on September 6, 2007. She is supposed to be out of the house by March 4; however, there was a lot of equity in the house and she was working witk NeDA and an attorney was assisting her, pro bono, to save the house. She said that after her mother's death, she lost her mind and went off of her medication. She was now under a doctor's care, was in counseling with a good therapist, was on medication and insisted that she would never quit taking her medication again. She did not have any money and had applied for social security disability. Something had gotten mixed up with the paperwark and she was still waiting to receive her disability payments. She said that she had no intetttion of rebuilding the gazage and was glad it was gone. She also wanted to stay in her house and wanted to get rid of John but he won't leave. Ms. Moermond stated that in reviewing the photograph, it appeared that if half of the rubble had been removed, it was likely that she would need another duxnpster. She said that Kay Wittgenstein generally was only authorized to give one dumpster for a clean up at a property. As far as the abandoned vehicle on her property, she suggested to Ms. I,owell that she work with the Mr. Essling or Ms. Wittgenstein who could contact the Police to tag the vehicie for being on the property without the property owner's permission and the vehicle could then be towed without an assessment against her. Ms. Moermond asked Mr. Magner to look at the photo and give an estimation of the approximate cost of the assessment if the City were to do the remainder of the clean up. Mr. Magner staTed that judging from the photograph, he believed that if tke City were to do the abatement, the likely cost of the assessment would be between $700 and $800. He suggested the inspector go back to the property to determine how much of the rubble was left and how much more could go into the dumpster. He suggested that if Ms. Lowell had access to a pick up truck, the vehicle parts could be taken to the Water Street Transfer site for disposaL He also suggested Ms. Lowell contact the local district council to see when their clean up was going to be to dispose of the appliances and the tire. Ms. Moermond stated that the clean up needed to be done and that if Ms. Lowell could not complete the cIean up, the City would do the work and charge the assessment against the property taxes. She had heard from some of the neighbors and they were impatient with the lack of progress that was being made. She asked Ms. Lowell about 7ohn living with her and whether he was a violent person. February 5, 2008 Legislative Hearing Miuutes b��' �'� 3 Page 5 Ms. Lowell responded that 7ohn was living in the basement and she had asked him to leave and he refused. She had gotten a restraining order against lum and he convinced her that if she dropped the order, he would leave her alone, He has not left, he has a history of vioIence against women, and had been in and out of jail. She contacted his probation officer as he had violated his probation and she was waiting for the police to come and pick him up. Ms. Moermond asked Ms. Lowell if she had a$100 ar so to pay to have some of the stuff dropped off at the recycling center. Ms. Lowell responded that she did not have the money and was surviving on food stamps and utility assistance. She claimed that her mother had a reverse mortgage on the house and after he mother died, she wasn"t making the payments due to her mentai health issues. The interest then skyrocketed and she was unable to make the payments at all. She was currently working to split the lot and sell the other parcel of land that was adjacent to her home. Ms. Moermond asked Ms. Lowell if she had talked to her attorney about the order to clean up the property. Ms. Lowell responded that she had not. Ms. Moermond told Ms. Lowell to let her attorney I�ow what was going on with the order to clean up the property and suggested that she could aiso work with SMRLS for assistance. Ms. Moermond briefly recessed the hearing. Ms. Moermond returned and said that she had contacted Real Estate and since Ms. Lowell was on disabiliry, she could qualify for a tax deferment if the City were to do the clean up and assess Che cost to the property tases. The payment would then not be dua for Zd years. There would be some papenvork that would need to be filled out and her physician wouid have to verify her disability. Ma Moermond recommended denying the appeal and granting an extension to February 19 to clean up the property and if not, the City would do the clean up.