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08-796Council File # C3$- ��/p Green Sheet# 3056475 Presented RESOLUTION CITY OF SAINT PAUL, MINNESOTA , � 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 July 2, 2008 hereby memorializes its decision to 3 certify and approve the June 24, 2008 decision of the Legislative Hearing Officer for the following 4 address: 5 6 ADDRES5 � 8 1033 Colne Street 9 10 r�_:3�iNw�cr� Nancy Lazaryan, On behalf of Evelyn Wallace 11 Decision: Appeal denied and enforcement of first floor boarding stayed pending District Court direction 12 on the matter. Requested by Deparhnent o£ Adopted by Council: Date 7�,��Gl�r Adoption Certified by Council Secretary By: � - � Approve b r: Date O/ (3� B � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: � �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departmentln��elcouncil: � Date �nitiated: ' � � -� ; o�-���.�8 ; Green Sheet NO: 3056475 , _ � Contact Person 8 Phone: � � Department Sent To Person Initial/Date Marcia Moertnond . � 0 Gouncil 6$570 `. � I pssign 1 ' Coa il � Department Director ' _ Must Be on Council Agenda by (Date): � Number ' , �� 2 �'ty Cle k Ciry Clerk Routing � 3 I� _ , �oc.iype: RESOLUTION i Order 4 I 5 � —, — � � E-Dowment Reqtrired: Y � � i � Document Contact: Mai Vang , � , ConWct Phone: 6-8563 Total # of Signature Pages _ (Clip All Locations for Signature) Resolu6on memorialxzing City Council acUOn taken July 2, 2005 denying the appeal and enforcement of first floor boarding stayed, pending District Court direction on matter for property at 1033 Colne Sheet, per the recommendation of the Legislahve Heanng Officec. Planning Commission CB Committee Civii Service Commission Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantageslfApproved: DisadvarrtageslfApproved: 'I. Has this persoMfirm ever worked under a contract for ihis department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this perso�rm possess a skiil not normally possessed by any cutrent city employee? Yes No Explain ail yes answers on separate sheet and attach to green sheet Disadvantages If Not Approved: Total Amount of • Transaction: I Funding Source: i Financiai lnformation: (Explain) July 7, 2008 2:38 PM CosURevenue Budgeted: Activity Number: Page 1 �""�' yc ti> o � V(J ��� 4R 0 z o CITY OF SAINT PAUL ��. oii 6j '{� CITY CLERK'S OFFICE June 18, 2008 Nancy Lazaryan 10734 W.Lake Road Rice, MN 56367 RE: 1033 Colne Street Dear Ms. Lazaryan: Your application for an appeal has been received and processed. Please attend the public hearing befiore the Legislative Hearing Officer on Tuesday, June 24, 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 Officer will hear all parties relative to this action. The hearing officer has said that you may stay in your home until the hearing on Tuesday. Failure to appear at the hearing may result in denial of your appeal. Sincerely, ��7� G� Shari Moore �� City Clerk cc: Rich Singerhouse, DSI (Code Enforcement) Marcia Moermond, Legisfative Hearing Officer Jerry Hendrickson, Deputy City Attorney Evelyn Wallace, Owner 15 4VEST KELLOGG BOULEVARD, SUI1'E 310 SAINT PAUI, MINNESOTA55102 Tel: 651-266-5688 Fax: 651-266-8574 wwwstpaul.gov AA-ADA-EEO Employer �F����o8 � � � J� FO APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd. �10 City Hall Saint Paul, Minnesota 55102 Telephone: (6�1) 266-$688 N � 2p �� 1. Address of Property being Appealed: 2. Number of DwelIing Units: 3. Date of Letter Appealed: /a.�3 �/�� .�. f J�- o�� 4. Name of Owner: ( ��d 0 i / Address: ���� � ��'l� � City: / �/2! � ��State: �Zip: ��5�'? � - Phone Numbers: Business Residence 7 Cellulaz Signature: 5. Appellant I Applicant (if other than owner): ��C�'�` �'1 1� �d��i/ ��' � � �/ p � p � / �� o ' L et.�,� Address:�V/�.�`1 4'Id=L�fif' � City: /1,l�, State:_�°�Zip: ��6'� PhoneNumber�Business �� �es�n e ��"�`�``����- Cellulaz Signature: � 6 State specifically what is being appealed and why (Use an attachment if necessary): ��,� �-,�C �'�s.� �/��r , �ec� �-- �i��- ����z`� NOTE: A$25.O�J 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 relative to this appeal. Any person unsatisfied by the final decision of the City Council may obtain judicial review by rimely filing of an acuon as prorided by law in District Court. For O�ce Use Only Date Received: Fee Rece'tved: Receipt Number: Date of Hearing: � � 2� � �D Revised 4/25/2007 � CTI`I' OF SAINT PAUL DIVISION OF CODE ENFORCEMENT 1600 White Bear Avenue Saint Paul, MN 55106 5UMMARY ABATEMENT ORDER (, Inspection Date � Date � ! Mailed By Yog hais tias koj hais lus Amoob thiab koj tsis to taub uab ntawv no, hu rau tus trhais lus ntawm (651) 266-8989. A'ws yog pab dawb zwb. Si usted habla el Espanol y no enTiende esta nota, llama (651) 266-8989 paza un traductor. No costo. To: ru�;� �� � �����w �i�e/f �7��.510'ti �il __ e.t-t r�,� o l,u�� r�z �B,C'ay � As owner or person(s) responsible for: � � 3 3 GULN(i � f you are hereby ordered to eliminate all nuisance conditions which are in violation of Chapter 45 of Saint Paul Legislative Code. Remove improperly stored or accumulated refuse including: garbage, rubbish, discarded furniture, appGances, vehicle parts, scrap wood and metal, recycling materials, household items, building materials or rubble, tires, brush, etc., from yard areas. Rt;,movE 4�. Uvn Pd �urt— r�rv� R( C.c��✓iG�! .0 � Cut and remove tall grass, weeds and rank plant ❑ Remove and properly dispose of all animal feces from yard � IlVIIVVI�DIATELY secure all buildings which are open to unauthorized entry, including: t3c�> t71/�(: R.-- y4Lt.. r'� r� S� � l.v v 2 �2�sl�( � u.J� nF�Joc..(!�' ❑ Other• If you do not correct the nuisance or file an appeal before lo ` � U`�� , 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 property taxes. Charees: If the City corrects the nuisance, the chazges will include the cost of correction, inspection, travel [ime, 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: ��`� </fL�L�-��(l�'d� Badge Number 33i Phone Number (651) ��o�� � l�� If you have any questions about this order, the requirements or the deadline, you should contact the Inspector listed above, Monday through Friday Apneals: You may appeal thie order and obtain a heanng before the City Council by complenng an appeat application with [he Cny Cleck befoce the appeal deadline noted above oc seven (7)daysafrerthedatemailed,whiche�ercomesfirst. Yoaovealsmavb filedafre thatdate Yo m vobCa'na apoealaool'cat fromth C�t Clek'�Office Room310.CiNHaII St Pa 1 MN 55102 Th t 1 oho mb "s (65D 26F*8688 You must b't a coov of rh�s O�de tfi vour aoD al on(iwtion. 'WARNING Code inspecnon and enforeeme�t tnps ws[ the taxpayers money. If [he v�ola4ons are no[ wrsected wi[hm the time penod reqmred in th�s nofice, [he city's msts in conduc[ing a reinspection after the due dare for compGance will be collected from the ownec rather than bemg paid by che tupayers of ihe ciry If addmonal new violatwns aze discovered within the next followmg 12 months, the city's costs m conducnng addifional mspections at th�s same locanon within such 12 months wili be rnitected from the owner rather than bei�g paid by the taxpayers of the c�ty. Any such fumre costs w�ll be collec[ed by assessment agamst [he real proper[y and are in addirion to any other fines or assessments which may be levied against You and Your propetty.(04/08) �g ��� STA'FUTORY SH(}RT FORM POVVEB O�' ATTORNEY NIINNESOTA STATLJ'I'ES, SECTION 523.23 PRINC�AI.: Evelyn C. Watlace in propria persona, sumo jnre, jus regium, a natvral person ATTORNEY-IN-FACT SUCCESSOR ATTORNEY-IN-FAC'T: (aone) Naucy G Lazaryan in propria persona, su�no jure, jus regium, a natural person , 1b734 WestlakeRoad ' Rice, MI3 56367 EXPIRATION DATE: There is NO expiration date I, Evelyn C. �allace hereby apposnt the above named Attomey-in-Fact, Nancy' C. Lazaryan to act as my atEorney-in-fact: F1RST: To act for me in any way that I could act with respect to the following matiers, as each af fhem is defined in �11u►nesut�. SYatutes, s�tian 5?.5.�'' i I �( (A) real nronetcv transactions; with ALL powers under MS 5ec. 523.02 and 52324 I choose to lunit this power to real property in Ramsey County, I Minnesota, described as �oliows: Thoanpson Addition Two, St. Paul Lot 23 and 24 Block 48 ', ' :" Commonly known as 1033 Colne St., St. Paul, 3vlinnesota I 1�'OT inc,�uded as: . � _..:,_ ._ - _ . . t _ ,._ . .. . .. . _..._,......_.___.., ��.,. ,,_, (B) tangikrle personal properry uansactions; °. (C) ban8,�hat�',�n�l=coini�icfdiiq�tratisae�iofis;_ _�r ,... ...�......�.�..«..�,.r-_ . v. ��� :.. �) . ... �) ..... (G) {Hj _ �) �� (K) (L) �� s�eorrv: � . banking transactions; business operating transactions; insurance transactions; bene�ciary transactions; gifttransactions; fiduciary transactions; claims and lYtigation; family maintenance; benefits from military service; records, reports, and statements; Tkis power of attomep°s�ia!'1 canti�rue'to be ef£ective if I become incapacitated or incompetent . _. . This power of attorney shall not be effective if I become incapacitated or incompetent. page One of Two �� • � IP � .... This power of attomey authorizes the attomey-in-fact to transfer my property to the attomey-in-fact. �( This power of attomey does not authorize the attomey-in-fact to iransfer my properiy to ' the attomey-in-fact. FOITK'TH: �( My attorney-in-fact need not render an accounting unless I request it or the " accounting is otherwise required by Mivnesota Statutes, section 523 21. In Witness Whereof I have hereunto signed my name this �'� day of 7une, 2008 Evelyn C. Wallace � X ����� roe yn . Wallace STATE OF ARFZONA COUNTY OF � � !4�'� �'-e'p�— ) ss. The foregoing instrument cvas ackno�wledged before me this � day of June, 2008, by Evelyn C. Waltace Notarized by: MECiAN "ICELLEY NQTARY?l7BUC - AR{�pNA PINALEpUNTy My Commiasion Expires Mareh 28, 2012 This instrument was drafted by Evelyn C Wallace 9613 Glenside Court Sun Lakes, AZ 85248 Specimen Signature of Attorney(s)-in-Fact (Notarization not required} Page Tcvo cof Two n8 �41� June 24, 2008 Legislative Hearing Minutes Page 21 5. Appeal of Nancy Lazaryan, on behaif of Evelyn Wallace, to a Su.mmary Abatement Order for property at 1033 Colne Street. Nancy Lazaryan appeared on behalf of her mother, Evelyn Wallace, the properiy owner. Mr. Singerhouse stated that he did a night inspecrion of the property on June 3 and wrote a Summary Abatement Order to remove a dumpster and the contents removed, cut tall grass and weeds, and all first floor doors and windows boazded. Ms. Moezmond asked Ms. L why she was appealing the order. Ms. Lazaryan stated that this matter was under the jurisdiction of the District Court and a hearing was scheduled for June 26 concerning the registered vacant building status. She couldn't understand why "you guys" tried to enforce something that "you" don't have jurisdiction over. This applied to boarding over the first floor doors and windows. She claimed that the tall grass and weeds had been cut. She asked Ms. Moermond whether they had had this conversation previously about the dumpster. Ms. Moermond responded that the previous orders were for the garbage bags that were in the dumpster. Ms. Lazaryan stated that they had talked about the dumpster before and she had continuously inquired what the controlling ordinance was which cited how long a person could have a dumpster before it violated the ordinance. She had "asked and asked and asked" and nobody seems to know what ordinance was being violated. She said the ordinance had to be written specifically. She didn't believe this could be enforced since there was nowhere that it said it was being violated otherwise you are being "arbitrary and capricious." "Here we go again. Under what authority did the City have to board over first floor doors and windows? Why would you board over somebody's doars and windows? Has it been established that this was a registered vacant building that was found open and unsecured? Did the inspector say this? No, he didn't say that. That was the authority necessary in order to board over somebody's, house. This house is under appeal as to whether it is a registered vacant building. It also has to be found open and unsecured. She said she believed this was complete and total harassment by the City of St. Paul because they were fighting the City of St. Paul. I am suing you in your personal capacity. It was absolutely outrageous that I would haue to have a hearing in front of the person I was suing and have that person determine whether or not to enforce the arder that she was suing about in the District Court. You have no jurisdiction to put your fingers on this. Artd you have no jurisdiction coming out to my family's house at tne hour that you especially came there. This rises to the level of terroristic threats and I have already gone and asked the judge for a restraining order for you and for you and for every other City employee who is hying to enforce something that is under the jurisdicrion of the court. Maybe I can get that order at the hearing on Thursday. Was this what it would take for you to actually obey the law? The law is when the admuustrative order is on appeal, it is stayed. That is the law. This was not a license application. This was natural rights of natural persons in their secured homes and these are consritutionally secured rights. You cannot do this to people! This stuff is outrageous! Somebody's electricity gets shut off and you condemn their house? What kind of monsters are you?! Horrible, homble, horrible monsters are you! My appeal is a jurisdictional challenge. It doesn't matter what you say at this hearing because you have no jurisdiction. If you do proceed without jurisdiction, then guess what? That little Simuiiary Judgment that Judge Higgs June 24, 2008 Legislarive Hearing Minutes � : ,./ signed that dismissed you out, you are right back in. Pm warning you, you operate without power when you operate without jurisdiction; you are open to lawsuit. And you can't move on this because the District Court has jurisdiction on it. You can't be sending your `goons' out to this house trying to enforce something. Yeah, 8:00 at night, you're a`goon.' You can't be sending these people out to this house to terrorize people. You do it again and I will get the proper law enforcement against you folks. ffwe have to go Federal we will. Enough. So, I'm done. You have a nice day!" After the hearing was concluded, Ms. Moermond recommended denying the appeal.