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08-691Council File # Qp " �'/ � Green Sheet# 3055890 1 2 3 4 5 6 7 8 9 10 C Presented by RESOLUTION SAINT PAUL, MINNESOTA �7 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing record and tesfimony heard at public hearing on June 18, 2008 hereby memorializes its decision to certify and approve the June 3, 2008 decision of the Legislative Hearing Officer for the following address: ADDRESS 635 Sherburne Avenue APELLANT Robert Spoemer Decision: Appeal denied on the Summary Abatement Order and appeal granted on the Vehicle Abatement Order. Requested by Deparhnent of: � I Adopted by Council: Date Adoption Certified by Coy�cil Secreta� BY /i" J`/iAu�(��iiiSrJs� Approved : Date 7 B➢' L/���dti�t�.� Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 68-(v�i l CO �ouncil Contact Person 8 Phone: Marcia Mcermond &8570 Must Be on Council Aaen Doc.Type: RESOLUTION E-Document Required: Y Document Contact: Mai Vang 20JUN-08 � Assign Number For Routing Order Contact Phone: 6-8563 I I ToWI # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3055890 0 omcil 1 ouoN De artmeu[ DireMOr 2 ' Clerk GS Clerk 3 4 5 Resolution memorializing City Council action taken June 18, 2008 denying the appeal on the Summary Abatement Order and gran[ing [he appeal on the Vehicle Abatement Order for property at 635 Sherbume Averme, per the recommendation of the Legislative Hearing Officer. dalions: Approve (A) or Reject (R): Personal Service Gontrects 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/firm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciiy employee? Yes No Facpiain all yes answers on separote sheet and attach to green sheet Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges IfApproved: Disadvantages If Not Approvetl: Transaction: Funding Source: Financial Infortnation: (Explain) Cost/Revenue Budgeted: Activity Number. June 20, 2008 9:55 AM Page 1 F`` ° a�-�y� � �`� CITY OF SAINT PAUL � mmm� @ ry �m e�� I ^�' q � CITY CLERK'S OFFICE .� May 28, 2008 Robert Spoerner 635 Sherburne Ave. Saint Paul, MN 55104 RE: 635 Sherburne Ave. Dear Mr. Spoerner: Your application for an appeai has been received and processed. Please attend the pubiic hearing before the Legislative Hearing Officer on Tuesday, June 3, 2008 at 11:30 a.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 relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, . Shari Moore� City Clerk cc: Paula Seeley, DSI (Code Enforement) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUI, MINNESOTA55102 Tel: 651-2668688 Fax: 651-266-8574 wwwstpaul.gov AA-ADA-EEO Employer APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota » 102 Telepbone:(651) 266-8688 U8-�91 ������ MAY 2 7 2008 �� �'d �iL��Q� 1. Address of Properry being Appealed: 2. Number of Dwelling Units: 3. Date of I.etter Appealed: � � �-�-�'- o . 4. Name of Owner: /�[Jf7 e �UC Yh e�-- Address: �3�—�JL°r�t�o°"'°'7�- City:��✓"`� / �State:�y Zip:�!�� Phone Numbers: Residence �__� Cellulaz 5. Appellant / Applicant (if other than owner): Address: Phone Numbers: Business City: State: Zip: Residence Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary): � ��� ���-� w�� �� �� -S��'-� , ,.�_ s=�7 �-r� ti° �'�, .�'� . � � NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accompany this applicavon as a necessary condition for filing. You must attach a copy of the onginal orders and any other correspondence relative to this appeal. Any person unsatisfied by the final decision of the City Counefl may obtain judicial review by timely filing of an action as provided by law in District Couzt. For O#fice Use Only Date Received: Ree Received: Receipt Number: CITY OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS DIVISIQN OF CODE ENFORCEMENT 1600 White Bear Avenue Og �!, y� Saint Paul, NIN 55106 � VEHICLE ABATEMENT ORDER Robert P Spoemer 635 Sherburue Ave St Paul MN 551042706 CHAPTERS 45, OR 163: As owner or person(s) responsible for 635 SHERBURNE AVE YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING VEHICLES ARE IN VIOLATION OF TNE SAINT PAUL LEG(SLATIVE #1 Chev Blue Ctw-659 A,D,E #4 A - Lacks current hcense/tabs B - Open to enhy/unsecured C - Missing vital parts/dismanded #2 #5 Mav 19. 2008 Inspection Dat �Da___� __� 08 - 048686 #3 #6 D - Appeazs undriveable/inoperarive E - Unimproved surface F - Other violation FAILURE TO COMPLY MAY RESULTS IN TAGGING AND/OR TOWING. CI�ARGES: If the City impounds and disposes of the vehicle(s), the charges assessed to the above property will be approximately $1,000.00 for each vehicle. This charge does not include innpound fees and otker related costs for release of vehicle(s). Vehicles found to be in violation on or after June 02, 2008 will be removed, impounded and disposed of in accordance with law. The cost of this abatement vriSl be chuged 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 citarion Issued by: Paula Seeley Badge Number: 364 Phone Number: 651-266-1916 Anneals: You may appeal this order and obtain a hearing before the City Council by completing an appeal application with the City Clerk befoxe Yne 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 appea7 application from the City Clerk's Office, Room 31 Q Ciry Hall, St. Paul, MN 55102. The telephone number is (651) 266-8688. You must submit a copy of this V ehicle Violation Norice with your appeal application. *WARNING Code inspection and enforcement trips cost the taxpayezs money. If mulriple trips within a year to your praperty are required to insure compliance with the law, you may be chazged for the cost of inspections and enforcement tdps to your properiy. Such chazges are in addition to any other fines or assessments which may be ]evied against you and your property. Va2 p2 60159 03/08 CITY OF SA1NT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS DIVISIOI3 OF CODE ENFORCEMENT 1600 White Bear Avenue �g� � G� I Saint Paul, NIN 55106 SUMMARY ABATEMENT ORDER Mav 19. 2008 Inspechon te Da ailed M led By mit) 08 - 048686 Yog hais tias koj hais lus Hmoob thiab koj tsis to taub tsab ntawv no, hu rau tus t�ais lus ntawm (651) 266-1918. Nws yog pab dawb zwb. Si usted habla el Fspanol y no entiende esta nota, llama (651)266-6008 para un traductor. No costo. Robert P Spoemer 635 Sherbume Ave StPau1MN 55104-2706 I As owner or person(s) responsible for: 635 SHERBIJI2NE AYE you are-hereby or3ered 4o etiminate all nuisance condifions wlrich are in violation of Chapter 45 of Saint Paul Legislative Code. � Remove improperly stored or accumulated refuse inclnding: garbage, rubbish, discarded furnitare, appliances, velucle parts, scrap wood and metal, recycling materials, household items, building materials or rubble, tires, brush, etc., from yard areas. (Remove all rubbish from inside the van)(Remove all improper storage rubbish from the South side of the garage under make-sluft _ roofl -- -- - - - - Cut and remove tall grass, weeds and rank plant growth. Remove and properly dispose of all animal feces from yard areas. Il�4NIEDIATELY secure all buildings wluch are open to unauthorized entry, including: Other_ If you do not cosect the nuisance or file an appeal before June 02, 2008, the City will correct the nuisance and chazge all costs, including boazding costs, against the property as a special assessment to be collected in the same way as properry taxes. Chazees: If the City correcu the nuisance, the charges will include the cost of correction, inspection, travel time, equipment, etc. The rate will be approximately $260.00 per hour plus expenses for abatement. You must maintain the premises in a clean condition and provide proper and adequate refuse storage at all times FAILURE TO COMPLY MAY RESULT IN A CRIMINAL CITATION Issued by: Paula Seelev Badge Number 364 Phone Number 651-266-1916 If you have any questions about tlus order, the requirements or the deadline, you should contact the Inspector listed above, Monday through Friday. ' � Anoeals: You may appeal this order and obtain a deadline noted above or seven (7) days after the � CorrecROn Order with vour auoeal application before the City Councii by '�.ed, whichever comes fiist. with the City Clerk before the *WARNING Code inspection and enfoz'cement trips cost the taepaye�s money. If the violarions are not cosected witiiin the time pedod reqttired in this notice, the ciTy's costs in conducting a reinspeclion after the due date for compliance will be collected from the owner rether than being paid by the taepayeis of the ciTy. If addi[iooal new violations are discovered wittin the next following 12 months, the ciTy's costs in conducting additional inspections at fltis same location within such 12 months will be collected from ihe owner mTher than beiug paid by the tacpayeis of the city. My such fubue costs v+ill be collected by assessment against the real property and are in addition to any other Enes or assessments wluch may be levied against you and your proper[y. Sa2 p2 60158 03/08 June 3, 2008 Legislative Hearing Minutes bb �� ` Page 11 O' 6. Appeai ofRobert Spoerner to a Snmmary Abatement Order and Vehicle Abatement Order for property at 635 Sherbume Avenue. Mr. Essling stated that orders were issued on March 27, 2008 to remove the junk that was in the yard. That order was appealed and there was a hearing on April 18. The recommendation made to the Council was to allow him until May 9 to clean up the junk in the yazd. When the work crew went to do the clean up, there was an inoperable vehicle with no license tabs blocking the azea that needed to be cleaned up. The inspector re-inspected the properiy, there was still junk under a make- shift roof by the garage that had not been cleaned up. She then issued the second summary abatement order to clean up the yard and to remove the vehicle. Mr. Spoerner stated that there was a delay in obtaining tabs for the van as the title was not in his name and it took some time to transfer the title. He now had current tabs and claimed that it was operable. He also claimed that the van was pazked on cnxshed rock. He asked why he had to remove the items that he had stored in his van - tools, fireworks and a snow blower. He requested an additional week to complete the clean up. Mr. Essling responded that the Police won't two a vehicle that is full of stuff. Ms. Moermond requested that the inspector re-inspect the property to make sure the vehicle was in compliance and asked Mr. Spoerner to prove to the inspector that is was operable and was on a dustless surface. If the inspector indicates that the vehicle was not in compliance, Mr. Spoerner would be required to remove everything in the van so that it could be towed. If the vehicle was in compliance, he could keep the items in the van. She recommended continuing this matter to the June 10 Legislative Hearing at 130 p.m. June 10, 2008 Legislative Hearing Minutes Page 15 ��"�� � 1. Appeal of Robert Spoemer to a Summary Abatement Order and Vehicle Abatement Order for property at 635 Sherburne Avenue. (Continued from June 3) Mr. Essling stated that Ms. Seeley was the inspector on this property. She had met with Mr. Spoerner who demonstrated that the van was operable and had current tabs. He noted that Ms. Seeley indicated that Mr. Spoerner was also storing items on top of the van as well as on the inside of the van. She told him that while he could continue to store items in the van, he would need to remove the items from the top of the van. 5he believed he had made good progress on cleaning up the yard and was recommending giving him time until the end of June to continue cleaning up the backyard. If it was not cleaned up at the time of re-inspection, she would issue new orders. Ms. Moermond stated that she had received an e-mail from Ms. Seeley indicating her recommendation. She stated that she will recommend denying the appeal on the Suuunary Abatement Order and granting the appeal on the Vehicle Abatement Order.