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08-803Council File # Q�Z�'3 Green Sheet# 3056444 RESOLUTION OF SAINT PAUL, MINNESOTA Presented by 1 2 3 4 5 6 7 8 9 33 BE IT RESOLVED, that the Council of the City of Saint Pau1, based on a review of the legislative hearing record and testimony heard at public hearing on July 2, 2008 hereby memorializes its decision to certify and approve the June 3, 2008 decision of the Legislative Hearing Officer for the following address: ADDRESS 1164 7�' Street East APELLANT Han Chin Liu and Sue Fun Liu Decision: Appeal denied and vacant building fees waived for six (6) months. Carter Bostrom Harris Helgen Reguested by Department of C:� Thune Form Approved by Ciry Attorney By: Adopted by Council: Date Adopuon Certified by Co cil Secret�y BY� _��r� �,�son Approve��� � ��� �d� BY �dc.ff�i�� Form Approved by Mayor for Submission to Council � C��'�3 ___ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � co �o���, Contact Person $ Phone: Marcia Moertnond 6-8570 Doc.Type: RESOLUTION E-Document Required: Y Document Contact: Mai Vang ConWCt Phone: 6-8563 07JUL-08 y Assign Number For Routing Order Total # of Signature Pages _(Clip All Lowtions for Signature) Green Sheet NO: 3056444 0 ouncil 1 ouncil De artment Director 2 ' Clerk C� Clerk 3 a s Resolulion memoria&aing City Council action taken July 2, 2008 denying the appea] and vacant building fees waived for six (6) months for property at 1164 7th Street East, per the recommendation of the Legislative Hearing Officer. �oanons: npprove (H) or ne�ect (rc)� rersonai Service contracis must Answer me rouowmg uuesnons: 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 heen a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any currenl city employee? Yes No Facplain all yes answers on separote sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Fi nancial Information: (Explain} CostlRevenue Budgeted: Activity Number: July 7, 2008 11:29 AM Page 1 ?ias�`"` �,r, , C�—�3 u � . _ ,,,,,,, `�a CITY OF SAINT PAUL e a�� �6 ': CITY CLERK'S OFFICE May 1fi, 2008 Han Chin Liu / Sue Fun Liu 748 Car(a Lane Saint Paul, MN 55109 RE: 1164 East 7� Street Dear Mr. & Mrs. Li�: Your application for an appeal has been received and processed. Please attend the public hearing before the Legisiative Hearing Officer on Tuesday, June 3, 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 relative to this action. Failure..to appear at the hearing may result in denial of your appeal. Sincerely, ���i��?l iU ��t�� Shari Moore �� City Clerk cc: Mike Urmann, DSI (Fire) Phil Owens, DSI (Fire) Leanna Shaff, DSI (Fire) Rich Singerhouse, Vacant Buildings Gode Enforcement Officer Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVARD, SUIT'E 310 SAINT PAUL, MINNESOTA55102 Tel: 651-266-8688 Fax: 651-2668574 wwwstpaul.gov AA-ADA-EEO Employer APPLICATION FOR APPEAL Saint Paul Ciry Clerk 15 W. KeIIogg Blvd., 31Q City Hall Saint Paul, Minnesota 55102 Telephone: (651) 266-8688 1. Address of Property being Appealed: 2. Number of 111,�-t Eas�- l-1� 5'r+�cfi 9F �� C � I �� �Y �O 9,� Units: 3. Date of I,etter Appealed: S)q/o� �- ���3(b�d 4. Name of Owner: I�n Ci � n L�� � Sc.u_ �v� L��,�, Address: � `f �' �� l u � City: � � �� State: � � Zip: - ���7� Phone Numbers: Business N�sr Residence b� �/S' f- L15'� Cellular � IZ-g Z-qS�{ � 5. Appellant / Applicant (if other than owner): ,�`)!f'/t GvT(� L�� Address: /o?i? Lu,lr,c. I�lk{ �t City: 1 7��r�-ve�. State: /�'�M Zip; `J�/Z6 Phone Numbers: Business 6f 2-33V- 5 7 2� Residence �S'/ f�S - 6� S� Cellulaz Signature: �`'j„��.•---z-�- �' 6 State specifically what is being appealed and why (iJse an attachment if necessary): �(fc� 4 /Y.hy ,JU Gc, �-l�tcC'.� �i�PJ- % ' 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 cortespandence relative to this appeal. Any person unsafisfied by the final decision of the City Councii may obtain judicial review by rimely filing of an acrion as provided 6y law in District Gourt. Date Received: ��� For Office Number: Date of Hearing: 3�� ��� �. = Appiication for Appeal: 6. State spec�cally what is being appealed and why. The property at 1164 East 7 Street should not be registered as a Vacant Building an ert�cate of Occupancy should not be revoked at this time. The operty were and out of the country during the period ofi 24/08- 5(12f08, ich was coincidentaNy the same fime when the inspection was schedule . ased on this circumstance, we are appealing only to request en ime to re-schedule an inspection at the property and reasonable time to meef any compliance items. We are in the process of trying to schedule an inspection with the Fire Inspector in order to meet the requirements for the Certificate of Occupancy. The owners are responsible property owners and would like to work with city on this issue. DEPARTMEI3T OF SAFETY AND INSPBCTTONS Fire Inspection Division � �3� Robert Kessler, Director . CTTY OF SAINT' PAUL Chris[opher B. Coleman, Mayor May 9, 2008 I3AN CHIN LNlSUE FUN L1U 748 CARLA LN LITTLE CANADA MN 551�9-1903 1006ast11"SYreet Telepfione.'651-228-6230 SairuPau7. MN55107 RE: NOTICE OF CERTIFICATE OF OCCUPANCY REVOCATION VACANT BUILDING i i64 7rH ST B Re£ # 100065 Dear Property Representarive: Your building was detemuned to be a registered vacant build'ang on May 9, 2008. Since certificates are for the occupancy of buiidings, it has become necessary to revoke the Certificate of Occupancy. THIS LETTER SERVES AS OFFICIAL NOTICE OF REVOCATION. Saint Paul Legislative Code provides that no building shall be occupied without a Certificate of Occupancy. In arder to re-occupy the buiiding, the following deficiencies (if applicable) must be corrected and a complete Certificate of Occupancy inspection may be required. DEFICIENCY LIST 2. i. SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed c� of the Saint Paul Fire Marshal's Existing Fuel Buming Equipment Safety Test Report to tYus ofnce. SPLC 39.02(c) - Complete and si� the provided smoke detector affidavit and return it to this office. SPLC 33.05 - Uncertified portions of the building must not be occupied until inspected and approved by this office.-Inspector has tried mulriple times to gain entry to conduct Certificate of Occupancy inspection. Property cannot be occupied until inspection has been conducted. SPLC 34.08 (�), 34.31 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements. SPLC 34.08 (1), 34.31 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, garbage or feces. .i � - If you have any questions, call me at 651,-228-6245. Sincerely, 3ackie Girling Fire Inspector Ref. #� 100065 cc: ForceMay 8, 2008 C� DEPARTNIENT OF SAFETY ANI� INSPECTIONS Dick Lippert, Manager of Code Enforcemerzt CITY OF SAINI' PAUL ChristopherB. Coleman, Mayor Nuisance BuiZding Enforcernent 1600 White Bear Ave N Te1: (651) 26b-I900 Saint Paul, MIV 55106 Fac: (651) 266-7926 May 13, 2008 Sue Fun Liu 748 Cazla Ln Little Canada MN 55109-1903 Deat Sir or Madam: 1164 7TH ST E is a Registered Vacant Building that requires a Code Compliance Inspeetion per the Vacant Building Statute (Chapter 43). This inspection can be obtained by calling Building and Inspections and Design at (651) 266-4016. This dwelling can not be occupied without a Certificate of Code Compliance. Call (651) 266-9016 for a pernvt sign-off. THE VACANT BUII.DING REGISTRATION FORM AND REGISTRATION FEE MUST BE RECEIVED BY THE VACANT BUII.DING PROGRAM BEFORE DSI MAY TSSUE PERMITS. Violation of the Vacant Building Statute (Chapter 43j wiil result in the issuance of a ciiminal citation. If you have any quesrions you can cali me at the number below. PROPERTIES 'THAT ARE SUSPECTED TO BE ILLEGALLY OCCUPIED ARE 5UBJECT TO INSPECTIONS AT ANY HOiIR OF THE DAY OR NIGHT. Sincerely, Rich Singerhouse 651-26b-1945 Vacant Buildings Code Enforcement Officer ..� ncc60120 03108 �� �� CIN OF SAtNT PAUL Christophe�B. Coleman, Mayor May 13, 2008 Sue Fun Liu 748 Carla Ln Littie Canada MN 55109-1903 �EPARTMENT OF SAFETY AND INSPEGTlONS Dick Lfppert, Manager of Gode Enforcement Nuisance Sutifding Code Enforcement 1600 Whife Bea�Avenue N Tet 65146fr'1950 SaintPaul, MN55106 Fax:651-26&1426 VACANT BUILDING REGISTRATTON NOTICE The premises at 1164 7TH ST E has been inspected and found to meet the legai definition of a Vacant Buiiding as described in Saint Paul Legislative Code, Chapter 43. You aze required to register this building with the Depariment of Safety and Inspections, Vacant Buildings Division, by filling out and returning the registration form provided with this letter. You are also required to pay the first annual Vacant Building Registradon Fee of $250.00. (This is an escalating fee; if this buiiding remains vacant the second year registration fee wili be $375.0�, and will increase to $500.00 for the third and subsequent consecutive yeus.} The fee is due upon receipt of tlais letter and must be paid no later than thirty (30) days after the receipt of this letter, as required in Saint Paul Legislative Code Chapter 43. If this buiiding is vacant due to a fire, compiete the enclosed registration form and retlun it to this offace within 30 days. Please return the enclosed registration form along with a check for the invoiced amount by 3une 13, 2008. Do not mail cash. The fee for the vac¢nt building loc¢ted at 1164 7TH ST E Is: $ 250.0� If you wish ta pay in person, you may do so from 8:00 a.m. to 4:00 p.m. Monday ttuough Friday at: DEPARTMENT OF SAFETY 1600 White Beaz Ave N. Saint Pau1, MN 55106-1608 AND INSPECTIONS You may file an appeal to this fee or registration requirements by contacfing the Office of the City Clerk at (651) 266-8688. Any appeal ofthis fee must be made within ten (10) days ofthe date of this notice. The Code Enforcement Officer has notified the Buiiding Tnspection And Design Section that this properiy meets the legal definition of a registered vacant buiiding and in accordance with Legisiative Code Chapter 33, no permits (except demolition, wrecking and removal permits) will be issued until the requirements of all applicable ordinances ara fulfilled. AA-ADA-EEO Employer fnvoice ;� Check this box if making any name, mail+ng address or Pfione # correcFions. Please wri4e the changes on this fortn. May 13, 2008 SUE FUN LIU 74& CARLA LN IITTLE CANADA MN 55109-1943 TYPE: VACANT SUILDING FEE VB Fee UB NPE: CATEGORY 2 --- } Ward 6 Census Tract 31700 Renewaf Letter PrintDate Apr 13, 2009 FEES VF Annual Fee Year 2008 TOTAL $250.00 $250.00 IF PAYING 6Y GREDIT CARD PLEASE COMPLETE TNE FOLLOWING INFORMATION: " lf paying by credit card, you may fax this invoice to 651-266-1926. You must sign and date this form at the bottom.** � American Express ❑ Discover ❑ MasterCard U Visa EXPIRATION DATE: ACCOUNT NUMBER: ��i_i/ �_} �� i ���(-1 CITY OF SAINT PAUL Department of Safety and {nspections 1600 White Bear Avenue North Saint Paul, MN 55106 PHONE: (6S1) 266-1900 FAX: (651) 266-'1826 Invo+ce # : 692387 Folder # : 08 07A446 ORK NPE: COMMERCIAL District Council 4 Renewal Due Dste May i3, 2009 Waming Letter PrintDate Jun 12, 2008 Cardholder Signature Date �� MINUTES OF THE LEGISLATNE HEARING ON LBTTERS OF DEFICTENCY, CORRECTION NOTICBS CORRECTION ORDERS t1ND LETTERS Tuesday, June 3, 2008 Room 330 City Hall, 1S Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 1:30 p.m. Staff Present: - Mike Urmann, Deparhnent of Safety and Inspection (DSI) - Fire; and Mai Vang, City Council Office Appeal of Han Chin Liu and Sue Fun Liu to a V acant Building Registration Notice for property at 1164 7th Street East. Ms. Moermond requested a staff report. Mr. Urmann stated that this has been ongoing since late February, that Fire has been attempting to gain entry into the building to do a Certificate of Occupancy inspection. Several letters have been sent out. Mr. Urmann added that a field inspector went out to the property and the property appeared to be vacant; thus, the property was assigned to the Vacant Building list. He noted that all of the letters were sent to the same address: 748 Carla Lane; Saint Paul, Minnesota 55109. Ms. Moennond noted that Han Chin Liu and his wife, Sue Fun Liu, owned the property. She questioned whether they were out of the country. Mr. Liu responded in the affirmative. He stated that they received no letters from the City, that he has received nothing stating that the City wauts to inspect the building. He stated that he did not know that the inspection was completed, that they had no information about the City's intenrion to inspect, that they did finally see the notice on the door. Mr. Liu added that they were very puzzled as to how the inspecrion was made, as the inspector did not have access to this building. He noted that there were messages on his home phone, but no messages from a City inspector. Bernard Liu, son, stated that based on the deficiency list, most of the items have already been resoived. Photoa aphs were presented. Bernard Liu stated that someone had dumped some garbage and rubbish on the property and that has been removed. Han Chin Liu stated that the first letter he received was on May 13, 2008, indicating their building has been registered as a vacant building, that their Certificate of Occupancy had beeu revoked because the building had been deemed to be a vacant building. Sue Pun Liu stated that the building is currenYly on the market for sale. They have received only one offer for the property during the two years it has been on the mazket. Ms. Moermond questioned whether this building received a certificate of code compliance in the past Mr. Urmann responded that this building has been certified in the past for mixed commercial/residential. The building was approved January 3, 2006 for Certificate of Occupancy. Ms. Moermond queried asked there was a summary abatement referral on this property. Mr. Urmann responded that orders were written but there was no need for issuance of summazy i i� : June 3, 2008 Properiy Code Minutes 1164 7` Street East Page 2 abatement, that the only other communication was letters attempting to gain enhy. He noted that letters were sent on March 26, 2008, April 17, 2008, Apri122, 20Q8, Apri130, 2008, and a revocation letter on May 9, 2008. Ms. Moermond asked about the content of the letter and whether allletters were for schedufing appoinrinents Mr. Urmann answered that all of them were letters requesting an appointment, except the last one dated April 34, which listed an appointment date and time: May 9, 2008, 234 p.m. Mr. Urmann noted that the March 26, 2008 letter listed a date and time for inspection: April 17, 2008, 1030 a.m. Mrs. Liu stated that they did not receive any mail or telephone messages. Han Chin Liu added that the first notification they received was the revocation notice n May 13, 2008. Mrs. Liu noted that upon reading the inspector's letter, it appears that no one has been inside the building. Two things requested were heating information and a smoke detector affidavit. Other items listed were outside the building. Mrs. Liu gave copies of submitted material to Mr. Urmann. Category 2 was discussed. Mr. Urmann noted that a building having multiple violations, which is determined to be more than one violation, goes automatically to a Category 2. Ms. Moermond noted that the house has been on the market for two years. She inquired as to whether anyone has been living there during that time. Mr. and Mrs. Liu both responded that no one has been living there during that time. Bernazd Liu requested an inteipretation of a vacant building. Discussion ensued regarding the definition of a vacant building. Ms. Moermond noted that this building does seem to have more than one violation and has been vacant for more than 365 days, thus falls within the category of a vacant building. Ms. Moermond stated that she was denying the appeal as this property should be a Registered Vacant Building. She added that she will set this up for a public hearing as "there is a fair amount of money involved." The public hearing wi11 be Wednesday, 7une 18, 2008, at 5:30 p.m. Mr. and Mrs. Liu indicated that they may be out of town at that rime. Ms. Moermond that she can set this up for another time if they are unable to attend on that date, and she would have the ability to schedule it for 7uly 2, 2008 if that is necessary. Ms. Moermond observed that this building may qualify as a Category 1 anstead of a Category 2. The question is whether they need a team inspection; she added that it is her thought that this will not be required. She stated they can make a request to the City Council that they not be required to do that. She added that they want to make a case that they do not need a team inspection and code compliance. She further stated that when the City Council decides the appeal, if it is decided in Mr. and Mrs. Liu's favar, Mr. and Mrs. Liu will not have to pay the $250.00 fee. She said that she will personally suggest to the Vacant Building program that Mr. and Mrs. Liu be given time to pay. Ms. Moermond informed Mr. and Mrs. Liu that they will need to fill out a registration form with contact numbers.