Loading...
08-583Council File # �' S6 3 Green Sheet# 3054476 RESOLUTION CITY OF SA�lNT PAUL, MINNESOTA Presented by � �i" 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 heard at public hearing on May 21, 2008 hereby memorializes its decision to 3 certify and approve the May 13, 2008 decision of the Legislative Hearing Officer for the following 4 address: 5 6 A.DDRESS APELLANT 7 8 1383 Hamline Avenue North Ryan Grubba 9 10 Decision: Appeal denied. Requested by Deparnnent o£ Adoption Certified by Council Secretary BY� 1l' /fin/i//nv3�/l�os� Approve y yor: Date �(�� By: � Form Approved by City Attorney By: Form Approved by Mayor for SuUmission to Commcil � Adopted by Council: Date �%7/���'�O� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � lY-Y��� CO ��it ConWd Person & Phone: Marcia Mcermond 6-8570 Must Be on Councfl Aqen Doc.Type: RESOLUTION E•UOCUment Required: Y Document Contact: Mai Vang 23-MAY-08 � Assign Number For Rotrting Order ConWCt Phone: 6-8563 I I Total # of Sig�ature Pages _(Clip All Locations for Signature) Green Sheet NO: 3054476 0 onncil 1 ounc�l De artmentDirector Z " Clerk Ci Clerk 3 4 5 Resolution memorializing City Council action taken May 21, 2008 denying the appeal for property at 1383 Ham]ine Avenue Nor[h, per the recommendation of the Legisla[ive Hearing Officer. idations: Approve (A) or Reject (RJ: Personal Service Contrects Must Answer the Following Questions: Planning Commission t. Has this personlfirm ever worked under a crontrect for this department? CIB Committee Yes No Civil Service Gommission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person(Fttn possess a skill not normally possessed by any current city employee? Yes No Expiain 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: DisadvaMages 1f Not Approved: Transaction: Funding Source: Financial Information: (Explain) Activity Number: May 23, 2008 1125 AM CostlRevenue Butlgeted: Page 1 � �� // r�? c ! .. �. �i���.: d;_�,;�, \_ � May 8, 20Q8 CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL Ryan Grubba 1383 Hamline Avenue North Saint Paul, MIV 55108-2407 Ryan Grubba 29609 Ridgewood Drive Wayzata MN 55391 �� �� � Re: Appeal of Ryan Grubba to a Vacant Building Registration Notice for property at 1383 Hamline Avenue North Deaz Mr. Grubba: Ms. Moermond has reviewed the records in the file and has determined that she needs to schedule another Legislative Hearing on this matter. The hearing is scheduled for May 13, 2008 at 1:30 p.m. in Room 330 City Hall, 15 West Kellogg Blvd, St. Paul, MN. If you haue any questions, please contact Mai Vang at 651-266-8563. Sincerely, �� � Vicki Sheffer, 5ecre ary Legislative Hearing Qfficer CITY AALL THIRD FLOOR 15 WEST KELLOGG BOULEVARD SAINT PAUL, NIINNESOTA 55102-1615 � AA-ADA-EHO 6mployer ,,. � , �s�„ f� i i� 1f6111�01 A £ � P5S5i4�{1� � : ° °��.;z��s�'� March 4, 2008 Ryan Grubba 1383 Hamline Ave. N. St. Paul, MN 55108 CITY OF SAINT PAUL CITY CLERK'S OFFICE RE: appeal for 1383 Hamline Ave. N. Dear Mr. Grubba: Your appl+cation for an appeal has been received and processed. �� ���� Please attend the public hearing before the Legisfative Hearing Officer on Tuesday, March 18, 2008 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officerwill hear all parties refative to this action. Failure to appear at the hearing may result in denial of your appeal. Sin erely, �c/� Shari Moore City Clerk cc: �`��� Leanna Shaff, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Joe Yannarelly, Vacant Buildings Code Enforcement Officer Jerry Hendrickson, Depury City Attorney I� WTiSI KEI,LOGG BOULEVARD, SUITE 310 SAINT PAU[, MINNESOTASS102 Te1:651-2668688 Fax:651-2668574 wwwstpaul.gm� AA-ADA-EEO Employer APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall ofb � f�-��� Saint Paul, Minnesota 55102 Telephone: (651) 266-8688 � �goFr��. �i�y� a 1. Address of Properry being Appealed: 2. Number of DwelHng Units: 3. Date of Letter Appealed: + � � c � ���6 Y � � < � � ��3 tYUY,%Y« — 4. Name of Owner. s< Afldress: 1 H sMJk /� City: s�. !%`�! 5tate: Yn^' Zip: S'� Phone Numbers: 5. Appellant / Applicant (if othex than owner): Residence Address: City: State: Phone Numbers: Business Residence Cellulaz � /� - 7lvD - I zT M Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary): .E' Dwn �,J d;K f � rtJ �b �, � �✓�' d< <n d��,u��P� ,—�,� ,7 ��� d, s. :i � � a ...,, ,. _ _ .r� n...n.'�.n. �.. ' �irc y�•1� o�'�i'cc �7�r1 Sd� a�Ls�� ��� fh'f d� nad �+ �..t n.,`l,h� �� .. ,�,d,k�� �Ore �'�ry �T G / /v v�c�� � I � �'L ir� �v�M 96�u �� r��3 f/�.�O� t� G,�, U� �„ �<� _ .,,t r vr n, < .°� c G/�e � .�,� r�.�..e � c..6�v1J A� � � �. -i ��� �,..,..... _� �ti„ �2o,�d ��J <<,,, �h ✓� �cb r�� L"�PS�`� r+<f,7.fPnll. 3" w;/! O�r�I 7ti7,1 eh t��.✓t;,�/aed e . �. t�t� ,� JrPlw �� / cA� � �, t �,�d �«�� �� r�r� �.d so 1' �a, ),� T i.�✓N� ���`c h.�� �C ct � G!✓u h/ h'f'/1f� IS �! NOTE: A$25.00 filing Fee made payable t6 the City of Saint Paul must accompany this application as a necessary condition for fiIing. You must attach a copy of the ori�nal orders and any other correspondence relaUVe to this appeal. Any person unsarisfied by the final decision of the City Council may obtain judicial review by timely filing of an aetion as provided by law in District Court. Date For Office Use On] Fee Received: Receipt �t=�'� �� 41� Date of Hearing: ��(�► L(, DEPARTMEN7 OFSAFETY ANDINSPECTfONS Dick Lippert. Ma�ager of Code Enforcement 6 g� -�j �� CiTY OF SAIPtT PAUL Chdstophe�8. Coleman. Mayor Nuisance Butlding Code Enforcement 1600 White BearAvenue N TeL 65i-26G7950 Sa�nt Pau! MN 55106 Pax� 651-256-1426 February 27, 2008 Ryan Nicholas Gnxbba 18609 Ridgewood Drive Wayzata MN 55391 VACANT BUILDING REGIS'd'RATION NOTICE The premises at 1383 HAMLINE AVE N has been inspected and found to meet the legal definition of a V'acant Building as described in Saint Paul Legisiauve Code, Chapter 43. You are required to register this building with the Department of Safety and Inspections, Vacant Buildings Divisian, by filling out and returning the registtation form provided with this letter. You are also required to pay the first annual Vacant Building Registration Fee of $250.00. (This is an escalating fee; if ttus building remains vacant the second yeaz registration fee will be $375.00, and will increase to $500.00 for the third and subsequent consecutive years.) The fee is due upon receipt of this letter and must be paid no later than thirry (3o) days after the receipt of this letter, as required in Saint Paul Legislative Code Chapter 43. If this building is vacant due to a fire, complete the enclosed registration form and return it to this office within 30 days. Please retum the enclosed registrafion form along witi� a check for the invoiced amount by March 27, 2008. Ao not mail cash. Tke fee far the vacant bualding located at 1383 IiAMLINE AVE 1V Is: $ 250.00 If you wish to pay in person, you may do so from 8:00 a.m. to 4:00 p.m. Monday through Friday at; DEPARTMENT OF SAFETY AND INSPECTIONS 1600 White Bear Ave N. Saint Paui, M2� �5106-1608 You may file an appeal to this fee or registration requirements by contactin= the Office of the City Clerk at (651) 266-8688. Any appeal of this fee must be made within ten (10) days of the date oPthis notice. The Code Enforcement Officer has notified the Building Inspection And Design Section that this property meets the legal definition of a registered vacant building and in accordance with Legislarive Code Chapter 33, no permits (except demolition, wrecking and removal permits) will be issned unrii the requiTements of all agplicable ord'tnances are fizifilied. AA-ADA-EEO Employex DEPART?vIENT OF SAFETY AND INSPECTIOI�T5 Dick Lippert, ManaQer of Code Enforcement CTTY OF SAINT PAUL ChristopherB. Coleman, Mayor Nuisance Bufldin� Enforcement k / d/L� {/d ��U I600 White Bear-Ave N Tel. (651) 266-I900 SaintPaul, lt�'�5106 F� /6SIj 266-1926 February 27, 2008 Ryan Nicholas Grubba 18609 Ridgewood Drive Wayzata Mi� 55391 Dear Sir or Madam: 1383 HAMLINE AVE N is a Re�stered Vacant Building that requires a Code Compliance Inspection per the Vacant Building Statute (Chapter 43). This inspection can be obtained by calling Building and Inspections and Design at (651) 266-9016. This dwelling can not be occupied without a Certificate of Code Compliance. Call (651) 266-9016 for a permit sign-off. TI3E VACANT BUII.DING REGISTRATION FORM AND REGISTRATION FEE MUST BE RECEIVED BY TFIE VACANT BUII.DING PROGRAM B�FO1� LIEP 1v�nY issu� rE�rrs. Violation of the Vacant Building Statute (Chapter 43) will result in the issuance of a criminal citation. If you have any questions you can call me at the number below. PROPERTIES THAT ARE SL3SPECTED TO BE II.LEGALLY OCCUPIED ARE S�JSJECT TO INSPECTIONS AT ANY HOUR OF THE DAY OR NIGH'T. Sincerely, Joe Yannarelly 651-266-192Q Vacant Suildings Code Enforcement Officer dj ncc60120 10/07 February 27. 2008 1383 HAMLII3E AVE N Page 2 You must contact the Enforcement officer, Joe Yannarelly, at 6�1-266-1920 to find out what must be done before this building can be legally reoccupied. 6 8 ����� The Enforcement Officer may declaze this buiidina(s) to constitute a Nuisance Buildin= subject to demolition and issue an Order to Abate undei authority of Legislative Code Chapter 45. In tha event this building is declazed a I�iuisance Building sub}ect to demolition, the Enforcement Officer will notify all owners and interested parties of the Order to Abate, as provided in the Legislative Code Chapter 45. If you have questions about this annual registration fee or other vacant building requirements, please contact the Enforcement Officer, Joe Yannazelly, aC 651-266-1420. This registration form and fee is rec{uired by law your prompt attention to this matter is appreciated. '1'hank Y ou, Steve Magner Vacant Buildings Program n'1anaSar Depamnent of Safen� and Inspections Enclosures: Regulations Requirements lnformation Vacant Butlding Registration Form SM: dj e�b_regismvon_notrce_md�nduaA 09f07 DEPARTMBNT OF SAFETY AND INSPECTIONS Fire Inspectton Divisron Robert Kessler, Director 6d-�� CITY OF SAINT PAUL Christopher B. Coleman. Mayor IOOEast11' Telephone�651-228-6230 Sa:nt Paut, MN 551 DI November 29, 2007 Ryan Nicholas Grubba 18609 RIDGEWOOD DRIVE WAYZATA MN 55391 RE: NOTICE OF CERTIFICATE OF OCCUPANCY REVOCATION 1383 HAMLINE AVE N Re£ # 110595 Deu Property Representative: Your building was inspected on November 29, 2007, in response to a refenal. Since you have failed to comply with the applicable requirements, it has become necessary to re�voke� Fire Certificate of Occupancy in accordance with Section 40 of the Saint Paul Legislative Co e.� A reinspection will be made on December 10, 2007 at 1:30pm. The Saint Paul Lea slative Code further provides that no building shall be occupied without a Fire Certificate of Occupancy. Failure to immediately complete the following deficiency list or the building vacated may result in additional criminal citations. THIS LETTER SERVES AS OFFICIAL NOTICE OF REVOCATION. DEFICIENCY LIST 1. BASEMENT - SPLC 34,10 (3) 3433(2) - Provide an approved guardrail. Intermediate ballustrade must not be more than 4 inches apart. Intermediate rails must be provided if the height of the platform is more than 30 inches. 2. EXTERIOR - SPLC 34.09 (2) 3432 (2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire length of the stair. - All stairways with more than three risers. 3. EXTERIOR - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window glass where broken or missmg. 4. EXTERIOR - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screens where broken or missing. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and rehun it to this office. 6. Provide the inspector with a completed and signed Residential Occupancy Affidavit. 7. SPLC 3411 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a cazbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. Q ���% Z `� .l 8. SPLC 34.08 (1), 34.31 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, garbage or feces. 9. NFPA 211, 9-2 - Have the chimneys, fireplaces, and vents inspected for soundness, freedom from deposits, and correct clearances. Cleaning, maintenance, and repairs shall be done if indicated by the inspection. 10. UMC 1346.703 - Provide 30 inches clearance around all mechanical equipment. 1 L MSFC 605.53 - Immediately, discontlnue use of frayed, deteriorated, damaged or spliced electrical cords. -Remove and discontinue use of fire damaged electricai cord. 12. MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. 13. MSFC 605.1 - Repair or replace damaged electrical fixtures. This work may require a permit(s). Ca11 DSI at (651) 266-9090. -Discontinue use of fire damaged outlet until replaced by a licensed electrician. 14. PLC 34.13 (2), (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the unit to: 4 or 1 elated adults. 15. SPL,C 34,10 (5), 34.33 (4), 3416 - Provide and maintain interior in a clean and sanitary condition. If you have any questions, call me at 651-228-b248. Please help to make Saint Paul a safer place in which to live and wark. Sincerely, A.J. Neis Fire Inspector Ref. # 110595 ca Farce � 4 � � �; �" °"•" ; S �'k us �; � �P R � i .x*',' g _ 'n : � -�� � � � . �Z�� � �� i � �,��+e � � &z � ;T r:; � `: r � b _° ��i .� A � � t� � �. F� E� � �' fi o � � � W E c� (� o 0 � o .- � ¢ h LL D � `m f Uj _ O � 2 m Z � W � Z J 0 � V ` � } y a F= �, a U�F Z � Q �� e � x* i oO �� � m O �tlS65� �IlUm ti' � �� 6�-�,1�� Z � O � � � � � Q .� Z � U'�� c � �,�a � M � � � ^ :d {:3 � �: �* — O — a - Q at c S�; s , - " o_S r, — .r.' '* � ?; _ a�. uv�. :StuCi ��7 L � 1ti551 � '��] Y 1 '� uZ4i a'� 11 L 1 � J W GC{:L L^, � *� ���de` N g' i?� v� ' ic? L&sie =D - �� � — "` � � , ^ , � p ' r e� � _ SL 6 L`i .� t'{ �' X �, � � z � � r i i .;F� J.�{ � Y vwt i j'�3 �r.� � . • � d s 1 � '1' �= � ���5 'r�;.: , � , � '.',1 �' ._ y t: ' r., @� �- " ,� � � � � ; � ! i Y �; x, � , �,�''S� ., r i ► E _. � � � �� .� -y _' r ` � �� .:. � � -, -� ,, . . . ��_ ,Ss _, �y?' � � �� � . , � _� L" ;k � o � - . � ' ' �? �( � .� � � �- � ./ � � ` -s% � r` d- "C � V _ ' I �' tj � � � e„ � f,," a�. 4� v k F 'JA} 1 w` � a � i �� ' ,,. , � ;7 s • ���k liyi ' ! cs � p ... v 8 � � �. �: J S \� .� �3 � :",� , ... _:�'� . .. �a � .t-.s... s � :`_� � $ ., � ,� : ,a, r=r �, �;, ; ��.. �" �� " � , �r � , , J r , .�3 r � }. �.,`` � �s' �. y ��w l' ��✓' R: � t .. "& �:z� �' ` ��s `� �. �:U.r. .. s q t � .iti. `���, �r i . . . I..*d:. ` � ; n`. ' „ _ . ?o. ,c,e �� �n':. 'fi t � .;*�° °;;�. a ��f =,t i. s � r"�is �' .: �wi�; .�"�.,� � � � 4� �� � . 9 t �� � x 4 7 ¢ �'`�n y y �' .�'a "�.. s. a����� {{' ,. y�� 4 ��wll $'�� ��� ,v ,i t 1 � � � �� � �y �''� f � �i��� k ! �tl �a`° ��r�,t . }} iiy,{ �'� �`� �£. ! ,yl4���Ml���6�j�ya����4!��`Mql,i�;i ;R: ��3�rr��� � f��� � �� ��£�� � s�,,�ti,� �p � � Y . 3 "��', � 5 t ' � .' } 7 I' �I� 1 "� ���lY�l�t� k! 1 ����d � 1 I M. ���� t � � ., � � I �t �O�r � � �� i �M1s� � � N���'��'kit+��� � � ��'����`�� s' �d L � = _,:� _- � � � ' � h r'>:- � , i ,„ ; ,b( + S S -( S:. � � ^T' F,J � ( ' Y6+ K'r A .'�� � - at� . `�ie� �a, . ;xY � i ��7R",rL� . . : d � � � � � C M� x _ . _ ' .. '��� ` ¢(��� � • a � 3 � ( � � P' � z3 • 1 R���d 3�¢�{ &• A �. y l, I £�.., ��� ,. �� •'d6 ���. ��*Y�iid�$l�N�� .'�4,'".k���Y. - " � ��#,�'�` ��. k;" �� � . a .' }: � #� 1 S� �' c �� ' ��� .. . ) y�� 9.N � �" # }3R.r � Y' �+'�� � A t� { t C '�°� tiC „+'"y tw' + -' � � @ a �#'''�P � � � � ���7 � � V � � � �. �v. � � y 1 �' j � a ¢ �E ��� � a��el 4: �� ���. , :. ��. -� ��, , p � � � f e r� h�`� + ' �� t . 4 � , s: �` �, i�� � � , s �, � - , � � <� � � � , �.: ; ; 4 � ���.' ' �, � � �� �„ �� :� � �`�� 2����� t s � � ��� ���" n �. [ � ' � g a � ' ���� ��y .: i ' ; � ������� �r;� �` '��� � ' n � �y�t �`' , .� ��� "« i � .=` � g �s �� �� �� �� A t p �§xi .:� �.t'Y t ' 33G „ 3 '4�d�e..��'e��$L.� "� } e -' } � � t d �^ � �� �� .��� �''`� fi j g ` SH.w 5� x I1 h � � * ':; ..�:-�` �. � @� +: L � ��'s . . ' ' ... ..:. �c�.r��v'�::.� ■ May 6, 2008 Legislative Hearing Minutes 6� ��C�'� Page 7 4. Appeai of Ryan Grubba to a Vacant Building Regish Norice for property at 1383 Hamline Avenue North. (Rescheduled from April 1; owner called and requested that this be rescheduled) Ryan Grubba, appellant, stated that this was a single-family house and Fire issued orders that it was a vacant building. Joe Yannarelly was now the building inspector that he was dealing with and when he asked lum why this was a vacant building, Mr. Yannarelly indicated to him that usually when a vacant building file was opened it was a Category I. This building was refened as a Category II and he was not sure why. Ms. Moermond asked when he moved into the property. Mr. Grubba responded that he moved back in to the property in January, 2008. He provided his driver's license and a watex bill as proof that this was his address. Ms. Moermond asked Mr. Robinson why this was refened to Joe Yannarelly. Mr. Robinson responded that the file was opened as a Category II vacant building at the request of the Fire Supervisar Inspector Leanna Shaff due to the number of deficiencies. The C of O had been revoked and the property had been condemned due to a complaint of overcrowding. Once it is condemned, no one can live at the property. Ms. Moermond asked Mr. Grubba how long he had owned the property. Mr. Grubba responded that he had bought the house four years ago and had different tenants living there over the past four years and that he lived there off and on as well. She asked if he owned other properties. Mr. Grubba responded that he owned five other properties but this was the only one that he owned in St. Paul. Ms. Moermond stated that looking at the records, it appeared the C of O had been revoked on November 29, 2007 and he should have filed an appeal on the revocation at that time. She stated that she would need to obtain more information concerning the appeal and her decision would be forthcoming. VO���%� MINIITES OF THE LEGISLATIVE HEARING ORDERS TO REMOVElREPAIlt, CONDEMNATIONS, ABATEMENT ASSESSMENTS AND ABATEMENT ORDERS Tuesday, May 13, 2008 Room 330 City Hall, 15 Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 1:30 p.m. STAFF PRESENT: 7oel Essling, Deparhnent of SafeTy and Inspection (DSI) - Code Enforcement; A.3. Neis, DSI - Fire; Leanna Shaff, DSI - Fire; and Mai Vang, City Council Offices 1. Appeal of Ryan Grubba to a Vacant Building Registration Notice for property at 1383 Hamline Avenue North. (Continued from the May 6 Legislative Hearing) Ms. Moermond stated that Mr. Grubba called that moming indicating that he had more important things to do than to attend this hearinD. He called several other staff people as well concerning the scheduling of this hearing. She indicated to him in her conversation that she would put the inspector's testimony on the record on how they came to the conclusion that this building met the definition of a"vacant building" under Chapter 43. She also said she would send him whatever information was put on the record as well as a letter indicating what her recommendation was to the City Council. He indicated that he felt the hearing and department process was extremely slow. She told him that she didn't know what had happened with the Department's process; however, she was aware that he had requested several continued hearings on this matter. She requested the Department put together a timeline concerning the appeal process and she would have staff put together a timeline concerning the hearing process. Mr. Neis stated that on September 7, 2007, he received a complaint concerning possible overcrowding at this property. He went to the property and the tenants allowed him access to the interior. He found that there were six adults, whom he did not obtain their identity, living in the home and he found multiple code violations. Ms. Moermond asked Mr. Neis whether Ryan Grubba was living at the property. Mr. Neis responded that the tenants told him that Mr. Grubba did not live there at the time. They were told by Mr. Grubba that if anyone came to the home, that they were to indicate that there were only four peopie living in the home. This was a six bedroom home; however, under the definition of a rooming and boarding house, no more than four unrelated adults may live at the property. He called the owner after the inspecrion advising him of the code violations and gave him a 10 day vacate date for two of the adults. He also completed the full Fire Certificate of Occupancy (C of O) on the property. On September 19, 200'l, he re-inspected the property and the owner indicated that he had moved back into the home, showing evidence of his sleeping area and that he had reduced the number of occupants. He gave hnn the cite on the occupancy laws and Mr. Grubba told him that if he re-rented the property, he would norify their office. He then closed the C of O file on this property since the owner alleged that this property was going to be owner occupied. On November 29, 2007, he received another complaint that the house was overcrowded with six adults occupying the property. Ae inspected the property again and the tenants allowed access. The tenants indicated that they rarely saw the owner. He re-opened the C of O file and he issued a criminal citation against the owner for overcrowding and use of extension courts. He believed the outcome of the Court hearing was that the owner received an"agreed to suspend prosecution" (ATSP) and paid fine. Ms. Moermond asked whether the overcrowding was a May 13, 2008 Legislative Hearing Minutes - 1:30 p.m. (�g��� Page 2 v zoning issue. Mr. Neis responded this was conect and he indicated to Mr. Gnxbba that he should contact Zoning. Ms. Moermond asked Mr. Neis whether Mr. Grubba's sleeping azea was still intact when he re- inspected the property. Mr. Neis responded that it was not and the tenants indicated to him that they wished to remain confidential on this matter; however, they said that ttaey were told the C of O file had been closed and the other two occupants who were told to leave were allowed to move back in which he considered as illegal occupancy. He was unsure if this was under the owner's consent or whether they decided to allow the other two tenants to move back in. Ms. Moermond asked whether each occupant had their own bedroom. Mr. Neis stated that there were six bedrooms in the home and if Mr. Grubba were staying there, there would have been a total of seven adults occupying the property. He did not see any evidence that Mr. Grubba was living at the property. On December 1 Q 2007, the owner vacated the home and indicated that he was going to re-occupy the home sometime in 7anuary as a single-family dwelling. He advised lum that they were revoking the C of O and referring the property to the Vacant Buildings Progxam as a Category I vacant huilding since he had believed that this was going to be re-occupied soley by the owner. Ms. Moermond asked why Mr. Grubba vacated the building. Mr. Neis responded that he had not complied with the conection orders on the deficiency lists that he had written. He re-inspected the house and found all of the rooms to be empty. On February 24, 2008, he received an anonymous complaint that the home may be re-occupied as a rental property. He contacted the City Attorney's Office for advice on how to proceed on this issue. The attomey indicated to him that there wouid be no problem calling the number that was listed on the "For Rent" sign anonymously due to the fact that they were investigating to determine whether the home was re-occupied and if it was going to be a rental property. He asked another inspector in the office to call the number and he inquired about renting the property for him and some friends. He read the notes from the inspectar into the record which are attached and made a part of this record. He and Supervisor Shaff inet Mr. Grubba at the property on February 26, 2008 under the guise that he was showing the house to a potential renter. They found the house was vacant and was auailable immediately for renring. They advised Mr. Grubba that the repairs had still not been made and changed the vacant building status to a Category II due to the multiple code violations. He presented photographs of the property. He believed that Mr. Grubba had now homesteaded the property with the intention of living there. He drove by the property on May 12, 2008 and the "For Rent" sign was still up at the property. He questioned that if the property was going to be owner occupied, why the "For Rent" sign was still up in the front yard. He presented another photograph that he took during his drive-by. Ms. Moermond stated that it was her understanding that since the building was vacant, un-occupied with multiple building and housing code violations that status of the building was changed from a Category I registered vacant building to a Category II. Since it was now a Category II registered vacant building, the property would need to become code compliant before it can be re-occupied. This could be accomplished either through the issuance of a certificate of code compliance or issuance a C of O. Ms. Moermond stated that the issue was whether this property should be covered under the C of O program and since the previous tenants had indicated to Mr. Neis that they were renting the property and the on-going "For RenY' sign, there was cleaz indicarion that this was rental property. If the property were single-family occupied rental, it wouldn't be covered by the C of O program. May 13, 2008 Legislative Hearing Minutes -1:30 p.m. �� s!�?-� Page 3 J Mr. Neis responded that a single-family occupied rental would not be covered; however, he could occupy the properiy and choose to have roommates who were renting, so long as there were no more than four unrelated adults living at the property. Ms. Moermond stazed that the basic issue was whether Mr. Gmbba truly lived at the property. Mr. Neis responded that based on the two previous inspections in September, 2407 and in 1�3ovember, 2007, the owner had not been living at the home although he had indicated that he was living there. He found no evidence to believe that he had been living in the home. The tenants had also indicated that Mr. Grubba had never lived at the property. Ms. Moermond stated that since the property was a registered vacant building, Mr. Grubba could not live at the property at this time as an owner occupant because he did not haue a valid certificate of code compliance. She stated that she did not believe the vacant building status met the definition of a Category I vacant building under the code. If there had been an enor in the status of the vacant building, it appeared that it had been correct by the Depariments by changing the status to a Category IL It appeared that Mr. Gnxbba believes that if his appeal is granted and he intended to maintain this property as owner occupied, that he would not be required to bring this property into code compliance before he could re-occupy it. She believed that the inspectors were correct in determining that this property was vacant on the two inspections they had made. Ms. Moermond stated that she was recommending to the City Council that they deny the appeal since this property did meet the definition of a registered vacant building and would need to have a certificate of code compliance or have a valid C of O issued before the property could be re- occupied. o B -�'fS� To: A.7. Neis From: 7amie Stevens 1383 Hamliue I was asked by AJ Neis to set up an appointment to meet with the owner to see if the building is vacant and if he is renting the property. I called him from my cell phone. I told him I was calling about the properiy on Hamline. I asked him, how many bedrooms is in the properi}t? He told me 6. I then asked him, how much would rent be? He said $2400, so $400 a person. I then asked when would the properiy be a�ailable? He said it is available now. I asked March 1 st? He said yeah right now. I asked if I could meet with him to look at the property today? He said how about tomorrow? I said how about noon tomorrow? He said that would be great and he wi11 see me tomonow. b$��d� i Foldzr `s Property �, Pzople j Info � FeelCharge pr��; i �ocumem ; CammeM � E . t Falder# Ref � Folde�07143297000�ORF Pmoess �� � ' 3 Propefij13S9HA��ILINEAVEN Racen�etl camplairitfrom Tenant allowed access. faund multiple 3(1S, SI7; BCIUIf in student house, called owner, and abtained current atl�lress, and ya�e 1 U day � clate forMro residents. Transferred file to CofU. ajn �� � Inspectior� # � � �,� � -� .�. ��; z �.���� �� �����;., i �r, �. iY'r �y1"i �.: nrzom �o:ao:oo ��" _ ,7t200':12:4823����' � a ����° r a� �° � � � ; �,��.e�.�w�.���.,�,� .� � Scheduled j� # 8,',247 Priprity �� � iwnd'multiple 3 an� ya`+Pe 1t3 day stacate .�? ?. . �,� c Unit Mileage � 3 File Daka Search Edit Actions Repartr �lindav� Help -------..-------__ _____ __ __�.----.,____------------.____^_______.____ C� � �� X T o c� �; Q7 �-+ � � � -�� � � Clo:e �Jpdatc hAarY,All �dete pisk kecept Retrieve 6etail Query Exit Lo40(F Ta-GoLi;t Repart: Folder FroMrtv Peoele ' � t, , �. 1 Rua� R?tum?d � � � . .................._..._.,..�..,.,...,�....�.._...,�,..._...,�..�....._.......�....�.�._....�.........,_..........�..._,.,,._..... .,_..._..........�....�.. 6 (...i ...................:......�...:....:....-_....s..„._..n....;..u�� rn . .e.r .. ... # _ .. � � . , � . � v � �. . . S� � . . . � � � . . e . o�-�;d� FiIF Uata 5earrti Edit Actinns Reparts �hlmdrna Help - -_....____----.� _ ___.___------__—_____�_-- ----------.� �7 � ti3 X �' n c� � Q] �-� � � � � � � G1e.c Update MarM,A➢ Delcte Pich ?,eccpt Rekrisve Dchil Query Exit LogOfF To�DoLi:t Rcports Foldcr Property Psaple Folder i Prc,pedy ; Peopl? ; Info � FeelCha�7e Yrocess � pocumer� E Lommem � Folder� Ref� Folder�7143351�0600C0 F�aee� 26005Caf0 _____ � 20D7 14;297 DOD 00 Rf 91U070 � Froperly 1383 HAMLINE AVE N �nspectiun # 60 00:00 15:36:14 9j07 On inspection, owner md�ted.hack<in, and red�d accupants. He also prae�ided letter stating t lie v�ioul�! notiiy our afficP o�7 rerEnting, and i� aware of occu�ancy laws Close CofO ajn 5cheduled ;� 7i6�191 Poori�ji� e Uni1 I�tilezge Expense 1 Rom Retumed ' Listl�IeW ��' ABlatedVie�i 5tartToday EndonStart Repeat �FileLocation; Reschedule' Re-Oefault; (7��a��a FiIP 6ar.� }earch Edit Artians keportr Windov� Heip ---- - - . _ – - ---- ______�� _,____�____�------ —._._---._.------- __.__ » _ _—__ _—. � � �� X � o c� � � �-} � � � � � � C(r,. Updatc Wa�kP,ll Geletc Piek f.err.pe Rifv:vc 6xa1 t�.uay Erir LogOff To-OoLi:t W:pact; Fnldee F�aperty Fcopk Folder 3 Pmperty ; People � Info � FeelC4iarge Rroaess � p��mem ; Gommerrt � � � Folde�# ke#3 Foldei07208033Q00D000 Pwcess 20005 ICof0lnspec4iun pnp714.',29700000RF 11DOT6 � Propert�1383 HAMLIMEAVEN Inspection# �2G071493v10000000 110070 � , * _... . _ .. j , ,,, k ,. �. ;` a ; " .<StS� 3: �..� '�!�:§. �,}-.tt_. �adr-��:'^r � . � X .t �00714 D0:60 ��`� �26U714 • ° � � ' � � � � � � � • „ ' 35:49 � ` 11j29j02 Horne is again a,�ercrowed, and owner rareN� is there pertenai�ts, I mzf with oN�ner, is5ue�f `��`��` ..=mx:rt:�.v,r.'�.3Aa+ citation far avercrafrrding, and ehtensian cord use, and apened a Fire GofG fde. a�n �a�iea �` ��tv ."�`� Expense � ,,�, ' Retumed , , � , � ± Li f Ne�r� �` AelatedView StartToday j EndonStart� Repeat e Filelocadon Reschedule } Fse�Oafault j 68- 5�� File D�ta 3earch Edit kctions Reporks Window Help ...._�.�."_'�___.C.3 `� � Q V1D Stl � � � �.—__LS' .__.r.�J� ___� � Close Updote MarkAll Delete Pick Aectpt Retneve Oetaii Rucry Exit LogOff Ts6oLi:t Repor� Folder Property Veaple .`r - 2 7 � x r a ;a'E- a� .�� �"s^ "'�T. �. "� . . �-Y�:'. Y.a �..� �s�rs' K...�''., � ...r..a.:.. ..,- ,., �,,... r .r. Folder F Pr�perty � People : Info � FeelChar�e Process 3 Oooumerrt ( Comment � # ? .. ww� 2,r7 �faz o +��nervacated hame. He stated he r�ill reoccupy as an o�rrner accup�ed single family home in -_� vr� , ar�ue.ry. I a�lviserl home is vacant. Recornmend as a Cai 1'�JB. ajn - oor oa:oo:oo 00715:13AU Scheduled `;� Priorify � 2 4 #a i Row R�tumed �' �ISt �` Ae{atedViwu 5ta�tToday EndanStx�t� Repea f FilaLocati�m Resehe�lule� R?�default � �. . File G�ta �FCrch Edit Actions Raportr +Ninduw Help - --- - .....---- - -- -----------�_�.�.�_______------------ —__ �________ ___ C� � �� X �' o c� � � �` � � � � , � Cle;e 9ydxc FAazY,AII OcIMe Pick Aucpt Retricvc 6cta0 Query Exit LagOFt To•OoLi:t P.eport: Fuldcr Fwpern� Fcoplc folder , Pmyert�� '� Peapl> = Infe ; FeelCharge Process � pacumern � Commarrt i t . fnid?r# Ref 2007143281 U00 00 RF 110q7G ,"�€2nU7143351000 �t� rD 110070 29N 143 , �� �_ Retumed ....... .... LiatViBw � Re13fe�View StanTodag � End�o �nStart�3 flepeat � FileLacation� Reschedule� Re�Defauit q _.,_, _._ ._ _ ,,�,„,�„_ Fo-lder�]7 208033 006 0000 Froc?� Ptape�ty 1383 HAMLIPIE AVE N Inspeciion # J�8 Met o+atner at the properly with 5upenri�or L5. This v�as set up due to an anor�ymous com�faint utthe awner attempting ta rerent and there w�s afor rent sign outside. Hr�me ap�ears+r�cant and er could nat {�ra��ide any documentation th�t he lived there. He becarne very� uncoo�eraiive so LS myself did not make entry into the home. Calied Vacant buildir�gs and made a Cat Z, and advised attarney of situatian. ajn