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08-801Council File # � �� Green Sheet# 3056470 Presented by RESO�UTION 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 testnnony heazd at public hearing on July 2, 2008 hereby memorializes its decision to 3 certify and approve the June 10, 2008 decision of the Legislative Hearing Officer for the following 4 address: 5 6 ADDRESS APELLANT 7 8 114 Litchfield Street J. Vang 9 10 Decision: Appeal denied with a vacate date of 3une 30, 2008. Yeas Nays Absent Carter � Bostrom i / Harris / Helgen � Lantry � Stark �/ Thune ,� � Adopted by Council: Date %��� j�� Adoption Cert�ifi�ed by Council Secretary BY� // /,� r✓ /!el/lSdh Approved ay . Date `� By: Requested by Department o£ � Form Approved by City Attomey � Form Approved by Mayor for Submission to Council By: 08 1 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ..--� ' DePartmenflo�cdcro�ncil: . _ i. Date Initiated: i� � � -�o�o� o,-3U�-o8 '. Green Sheet Nf�: 3056470 ' ConWct Person ffi Phone: , Department Sent To Person Initial/Date Marcia Moermond � � 0 Council , 6$570 , p ' I Council � DepartmentDirector � ; Must Be on Council Agenda by (Date): : Number , Z C}ri• Clerk C7N Clerk For — ' Routing ;' 3 � '� , � Doa Type: RESOLUTION �, Order ' , • , ' E-Documen[ Required: Y I, Document Contact: Mai Vang . ConWCtPhone: 6-8563 Total # of Signature Pages _(Clip All Locations for SignaWre) � � Resolution memorializing Ciry Council acqon taken July 2, 2008 denying the appea] wrth a vacate date of June 3Q 2008 for property I, at 114 Litchfield Street, per the recommendation of the Legislative Hearing Officer. dations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1 Has this person/firm ever worked under a con[ract for this department? Yes No 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 all yes answers on separete sheet and attach to green sheet Initiating P}oblem, Issues, Opportunily (Who, What, When, Where, Why): AdvantageslfApproved: � Disadvantages if Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial I nformation: ' (Ezplain) Activity Number: July 7, 2008 2:23 PM CostlRevenue Budgeted: Page 1 �� �. '� �... , e , . a =�° CITY OF SAINT PAUL v � uu1111m ' " ��� �� '' CITY CLERK'S OFFICE June 5, 2008 J Vang 836 Hensiow Ave. N. Oakdalel, MN 55128 RE: 114 Litchfield Street Dear Mr. Vang: Your application for an appeai has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Tuesday, June 10, 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. Failure to appear at the hearing may result in denial of your appeal. Sincerely, �� ���� Shari Moore �� City Cierk cc: Mike Urmann, DSI (Fire) Phil Owens, DSI (Fire) Leanna Shaff, DSI (Fire) Marcia Moermond, Legisiative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVAAD, SUITE 310 SAINT PALII, MINNESOTA55102 Tel: 651-266-8688 Fa<: 651-266-8574 wwwstpaul.gov AA-ADA-EEO Employer � y �, ✓� 0 15 R%. Kellogg Bivd. 310 City Hall C � sZ �08 Saint Paul, Minnesota 55102 (,'� Telephone: (651) 266-8688 F9/� APPLICATION FOR APPEAL Saint Paul City Clerk 1. Address of Property being Appealed: 2. Number of Dwelling Units: 3. Date of Letter Appealed: 4. Name of Owner: Phone Numbers: ` ,��Crty/ �`- uwl, '' S usinass ,� Residence 5. Appellant / Applicant (if other than owner): _ Address: l � �` City: Phone Numbers: Residence vL �z1p:�ti , �-� Cellular � /_-G[yoC - � � � Cellulaz,�s� _y�oZ 6 State specifically what is being appealed and why (Use an attachment if necessary): � �� zo � � - v�[ov� m .rrfu i � -�--- 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 relative to this appeal. Any person unsatisfied by the final decision of the City Council may obtain judicial review by rimely filing of an action as provided by law in Disirict Court. For dff: Date Recaived: Fee Received: ��� �� Receipt Number: � Date of DEPARTMENT OF SAFETY AND INSPECTIONS Fire Inspect�on Division Robert Kessler, Directar CITY OF SAINT PAUL Christapher B Coleman, Mayor May 28, 2008 SHOUA VANG 2081 DEER PRAIRIE DRIVE NEENAH WT 54456-5677 RE: 114 LITCHFIELD ST Re£ # 107089 Dear Property Representative: Your building was inspected on May 28, 2008. 100 East 11'" Stree[ Te7ephone: 657-228-6230 Sa�m Paui, MN 5510! The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazazd to the public welfaze or otherwise dangerous to human life. A Condemnation Placazd has been posted on the building. The following deficiency list must be completed immediately or the building vacated. COIVDEMNATI01� OF THE BUILDING REVOKES TAE FIRE CERTIFICATE OF OCCUPANCY. Failure to complete the corrections may result in a criminal citation. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. DEFICIENCY LIST 2. 3. SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. SPLC 34.11(4), 3434(1) SPC 4715.0200A - Provide an adequate water supply to all water closets, sinks, showers and tubs. 4. SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office.-Immediately restore water service. 5 � SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window screen. SPLC 34.09 (3), 3432 (3) - Repair and maintain the window in good condition.-Repair all broken and cracked windows. SPLC 34.08 (5), 3431 (3) - Repair, replace and maintain all exterior surfaces on house and decky'porc�Ti. Provide and maintain exterior unprotected surfaces painted or protected from the elements. 8. SPLC 34.09 (2), 3432(2) - Repair or replace the unsafe stairways.-Front steps need repair. 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 10 days of the date of the original orders. If you have any questions, you may contact me at 651-228-6245. Sincerely, Jackie Girling Fire Inspector Re£ # 107089 cc: Force Unit cc: District Council o� �� 3une 10, 2008 Legislative Hearing Minutes Page 17 3. Appeal of J. Vang to a Certificate of Occupancy Revocation, which includes Condemnation, for property at 114 Litchfield Street. Vang appeared on behalf of his brother, Shoua Vang, the property owner. Ms. Shaff stated that a complaint was received on May 21, 2008 that the water had been shut off. On May 23, Inspector Girling inspected the property and found that the water was off and the building was vacant. The building was placarded and the property was referred to the Vacant Building Program as a Category II vacant building. To date, the water had not been turned back on. Mr. Vang stated that he was aware that the downstairs tenants had moved out; however, the upstairs tenants had not notified him that they had moved out. He was new to this process and wanted to make sure that he did everykhing conectly. Ms. Moermond stated that since the building was now vacant and had been referred to the Vacant Building Program, the building would be required to have a full code compliance inspection and everything would need to be brought up to code before the building could be re-occupied. She stated that in reviewing Mr. Vang's appeal, he was not clear why this should not be referred to the Vacant Building Prob am. She asked Ms. Vang to talk to Mr. Vang outside the hearing room and explain his options. Mr. Vang returned and requested that he be given time to complete the repairs on the deficiency list and have the property re-inspected for compliance so that the property could be re-occupied. Ms. Moermond stated that all items on the deficiency list must be completed by June 30 and the property must be re-inspected. If everything is not completed, the property will be referred to the Vacant Building Program and a code compliance inspection must be done before the property can be re-occupied.