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08-870Council File #� Green Sheet # 3056995 CCC/11 1 1Ttl1Af ~ Presented by 1 BE IT 12ESOLVED, that the Council of the City of Saint Paul, based on a review o£the legislative 2 hearing record and testimony heazd at public hearing on July 16, 2008 hereby memorializes its decision to 3 certify and approve the June 24, 2008 decision of the Legislarive Hearing Officer for the following 4 address: 6 ADDRESS 7 8 1147 Central Avenue West 9 APELLANT Mazion Peazson 10 Decision: Appeal denied with a vacate date of July 21, 2008. 11 12 BE IT FURTHER RE50LVED, that the Council of the City of Saint Paul, reconsidered the matter at the 13 July 23, 2008 City Council meeting and granted an extension of time to vacate the property to July 31, 14 2008 based on the fact that the appellant was losing ownership of the property. Absent Requested by Department of: ✓ ✓ Adopted by Council: Date 0`� 3`L/� Adoption Certified by Counci Secretary By: /! ' r _ .O Approved b o Date �Q � By: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��'��d CO �ouncil 18-JUL-06 y Assign Number For Routing Order 0 oanc� 1 oonc� De arbnen[D'vec[or 2 " Clerk C1 Clerk 3 4 5 ConWM Person & Phone: Marcia Mcertnond 6-8570 Must Be on Council Agen Doc. Type: RESOLUTION E-DOCUment Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 ToWI # of Signature Pages _(Clip All Lowtions for Signature) Resolution memorialivng City Council action taken July 16, 2008 denying the appeal with a vacate date of July 21, 2008 for property at 1147 Ceninl Avenue West, per the recommendation of [he Legislative Hearing Officer. itlations: Approve (A) or Reject (R): Personal5ervice Gontracts Must Mswer the Following Questions: Planning Commission 1. Has this person/frm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/frm ever been a ciry employee? Yes No 3. Does this person/firm possess a sltill not normally possessed by any current city employee? Yes No Explain 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: Disadvantages If Not Approved: Trsnsaction: Funding Source: Financial Information: (Explain) Activity Number: Cost/Revenue Budgeted: July 18, 2008 9:49 AM Page 1 �.,, o - >m t , , �o e �_ , ,,.����� ; � E e n� 111 9 June 20, 2008 Marion Pearson 1147 Central Ave W. Saint Paul, MN 55104 RE: 1147 Centrai Ave. W. Dear Ms. Pearson: CITY OF SAINT PAUL lIS'�2D *Tc � _ ___ — _..__ .. �iY"Y'-G1iT.�1t11,�JVCi`ll..�_ __' _____ '_ _—�_' ___-_'� _ _.__._- Your application for an appeaf has been received and processed. Please attend the public hearing before 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, �3E��� � Shari Moore City Clerk cc: John Betz, Supervisor Kelly Booker, DSI (Code Enforcement) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUt, MINNESOTA55102 Tel; 651-2668688 Fax: 651-266-8574 www.stpaul.gov AA-ADA-EEO Employer �� -��v �'Fc APPLICATION FOR_APPE J�i�� _-- --- - __- ---- _ - --- Sa�€gas�-���E�erk -- ` — - --- — -- --- -- --- - —v— 15 W. Kellogg Blvd., 31� City Hall C ��C � Saint Paul, Minnesota 5�102 �Fq �r� Telephone: (651) 266-8688 Address of Property being Appealed: � 2. Number of Dwelling Units: � 3. Date of Letter Appealed: 4. Name of Owner: 1�'' �Y' L D� ��f,L I'�j C� � Address: 7�`�C ( � y1� yC( � r1 D� City: A �� �CL f.�i State: /"1� Zip: �� U/ Phone Numbers: Business Residence S4'��b � �/ Cellular ��� � ��J� Signature: � 5. Appellant / Applicant (if other than owner): Address: City: State; Zip: Phone Numbers: Business Residence Cellulaz Signature: 6 State specifically what is being appealed and why (Use an attachment if necessary): �ll.�.C-.c-ci d� �G�i /�j ���trr� G� 7,�irt �4..c1 � `�k,�rnt���, � ,. , �, Ce.-r�/ NOTE: A$25.00 fi]ing fee made payable to the City of Saint Pau] 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 obtainjudicial review by timely filing of an action as provided by law in District Court. For Office Use Only Date Received: Fee Received: /� Receipt Number: Dat of Hearing: � ,�U�"�J�?� �P �� ���� Revised 4/25/2007 DEPARTMENT OFSAFETY AND INSPECTIONS _ Richard Lippert Manager of Code Enforcement ., , j i �' ;�FA�A C�� Q�" Sf��� ��� -- _.. �� � -- -- ---- ChnslopherB. Coleman, Mayor 1600 Y�hite Bear Ave N Tel: (65I) 266-1900 SaintPaul, MN55106 Fax: (651) 266-1926 June 17, 2008 NOTICE OF CONDEMNATION AS UNFIT FOR E[IUMAN HABITATION AND ORDER TO VACATE Marion Pearson 1147 Central Ave W StPaul MN 55104-4613 Deaz Sir or Madam: The Department of Safety and Inspections, Division of Code Enforceznent, has determined that the dwelling and premises at 1147 CENTRAL AVE W is "Unfit for Human Habitation". In accordance with Saint Paul Legislative Code, Chapter 34, Secrion 23, the premises will be placazded on June 17, 2008 and ordered vacated no later than June 20, 2008. Your attention is called to the following provisions of Section 34.23, Subsection 6 entitled, "Vacation of Shucture or Unit": "Any residential structure or residential unit which has been condemned or placarded as unfit for human habitation shall be vacated within the time set forth in the placard and/or order. It shall be unlawful for any person to let to any person for human habitation any structure or unit so condemned or placarded, and no person shall occupy the structttre or unit after the date set forth in the placard and/or notice." THIS DWELLING SHALL NOT AGAIN BE U5ED FOR HUMAN HABITATION UNTII, WRITTEN APPROVAL IS SECLJRED FROM THE CITY OF SAINT PAUL; DEPARTMENT OF 5AFETY AND INSPECTIONS, DIVISION OF CODE ENFORCEMENT AA-ADA-EEO Employer � Princinal Viola6ons: These deficiencies must be conected before this condemnarion and vacate order will be removed. � � 1. Lack of Electricity. flnmediately restore electrical servi Failure to provide proper _ eTectsic�t�er�e�lias r�uisr�in rhx��,�i��no�rl�P�i [�r-r,.�. :...., � --- -- - Habitation and ordered vacated for lack of this basic facility. Use of candles, fuel operated lighting or extension cord wiring is not pernutted while the power is off. Authorization to reoccupy this/these dwelling unit(s) will not be given until it is demonstrated that all principal violations have been corrected and that no new conditions exist which could constitute materiai endangerment or which threaten the peace, health, safety or welfare of the occupants of this building. All repairs and new installations must be made in accordance with the appropriate codes. Permit informarion may be obtained from the Building Inspection and Design Sec6on, 8 Fourth Street, #200, Commerce Buiiding, (651) 266-9090. You may file an appeal to this notice by contacting the City Clerk's Office at (651) 266-8688. , ny appeal must be made in wrifing within 10 days of the date of this notice. It is the responsibility of the property owner to keep all buildings secured and to properly maintain the premises at all times. If you have any questions conceming this matter, please contact the Inspector, Kelly Booker, at 651-266-1940. To arrange an appoinhnent or request an extension of time to complete repairs, you will need to speak directly to the inspector. Sincerely, RICHARD LIPPERT Richard Lippert Manager of Code Enforcement kb c: Coinmunity Stabilizafion Project HALO - Southern Minnesota Regional Legal Services �:./ � �-� -�� �� � �'1 a�-�c��e_, `� �� - ` we-- � ��- � � � �� ��� � � � � � � � � � � ��� � ��. � �� � \\willae\Amynda\DSI-COde\Templates\uhh.dot AA-ADA-EEOEmployer � Og -�%D DEPARTMENT OF SAFETY AND INSPECTIONS __ 1?ick IuSangext+t+/Cede�njereetnent---- --- - ------ " — _ -- /� ---- --- ------- �vF`����p`��-'� 1600WheteBearAre�C Te[ephone�651-266-1900 �__ . ChrlstOpherB. Coleman, Mayor SaintPau[ MN55106 l608 Facstmile: 651-166-1926 June 4, 2008 Marion Pearson 1147 Central Ave W St Paul M1V 55104-46li Yo� hais naz koj hais lus Hmoob tltiab ko� rs�s to taub tsab ntaav nq hu rnu tus txhais lus nrawm (651) 266-1918. Nws yog pab dawb zwb. Si usted habla eI Espanol y no enriende asq nota, Ilama (651)266-6008 pare un traductor. No costo CORIZECTION NOTICE RE: 1147 CENTRAL AVE W File #: 08-085820 Dear Sir or Madam: The City of Saint Paul, Department of Department of Safety and Inspections has inspected the above referenced property on June OA, 2008 and has determined that the following deficiencies exist in violation of the Saint Paul Legislative Code�: Lack of Electricity. Ixnmediately restore electrical service. Failure to provide proper electrical service will result in these premises being declared Unfit for Human Habitation and ordered vacated for lack of this basic facility. Use of candles, fuel operated lighfing or extension cord wiring is not permitted while the power is off. You are hereby notified to correct these deficiencies in accordance with the appropriate codes. The Enforcement Officer will reinspect these premises on or after June 11, 2008, by which date the violations noted must be cotrected. Failure to correct these de£►ciencies may result in the issuance of criminal charges and/or a civil lawsuit, and possible abatement/assessment by the City. All repairs and new installations must be made in accordance with the appropriate codes. Permits may be obtained by calling 651-266-9090. You may file an appeal to this notice by contacting the City Clerk's Office at 651-266-8688. Any appeal must be made in writing within 10 days of this notice. (You must submit a copy of this Notice when you appeal, and pay a filing fee.) AA-ADA-EEO Employer DateAltD 1147 CENTRALAVE W Page 2 D8'8'1�j --.---. _ If you.havE any t�uestioase� �eques� additienat igfarma�on,�tease coh�actiine -o arran� - --- _ - -- - � -= ' " =-- _-- --- �n appamYmenfor"iequesY an extension of time to complete repairs, you will need to speak direcfly to me at 651-266-1940. Sincerely, Kelly Booker Badge # 328 CODE ENFORCEMENT OFFICER Footnotes: � To see the Legislative Code go to www.s aui_eov on the internet, click on "Departments", then ciick on "Department of Safety and Inspections", scroll down the page for the "Codes". Most Correction Notices derive from Chapter 34. Z Criminal chazges can be brought on the day the violation is observed, but generaliy we aliow rime to correct unless this is a repeat violation. kb WARNING Code inspection and enforcement trips cost the taxpayers money. ff the violations are not co[rected wi[hin [he [ime penod reqmred in this nohce, the ciTy's costs in conducting a reinspection after [he due date for comphance will be collected from the owner nther than being paid by [he taxpayers of the city. [f arldihonal new violations are discovered vnthin the next fol{owmg 12 momhs, the ciTy's costs in conductlng addrtional inspections at [his same loca[ion within such 12 months will be collected from the owner rather than being paid by [he tacpayers of the ciTy Any such future cosLS wi]] be c0�lected by assessment against the real property and are m additmn to any other fines or assessments which may be levied against you and your property. cn60100 5107 June 24, 2008 Legislative Hearing Minutes Page 11 �8 -8�0 4. Appeal of Marion Peazson to a Condemnation and Order to Vacate for properiy at 1147 _ . _ . _ _ �eisfra�Eiven�e �?�st ----. - - - --- __._ __._- ----- Marion Pearson, property owner, appeazed. Ms. Booker stated that Xcei Energy had notified their office that the elech had been turned off on Apri130, 2008 and was sfill shut off. She issued a correction notice on June 4, 2008 with a compliance date of June 11. The property owner contacted her on June 10 and said that Xcel wouldn't talk to her because the bill was not in her name. 5he attempted to contact the owner to tell her that according to Xcel, the bill was in her husband's name and she would need to provide proof, either by driver's license or deed to the house, that the house belonged to her and they would change the name on the account. She attempted to leave messages for the owner; however, the voicemail was full. She issued a Condemnarion Order and Order to Vacate on June 17 with a vacate date of June 20. She expressed concem on who was living in the house as she had received a phone call from Ms. Pearson's daughter and she could hear a baby crying in the background. Ms. Pearson stated that she had attempted to get assistance to pay the Xcel bill from RAP; however, they had run out of money. She had medical issues and was only able to work part time and didn't have the financial resources. She also did not know how much money was owed on the bill since Xcel would not talk to her. Her husband now resided in Rlinois and was no longer living with her and she did have the deed to the house in her name. As far as her daughter was concerned, she had been living with her boyfriend and was looking for other housing. She would stay with her, along with the baby, only occasionally. Ms. Moermond asked who else lived in the house. She also expressed concern that there were no working smoke detectors in the home which was a huge risk especially if there was a baby staying ovemight in the house. Ms. Peazson responded that her 18 year old son lived with her and she was unsure who else had access to her house since she was aware that there were five keys that others had. As far as the smoke detectors, they did have battery back up, she had just changed the batteries a couple days ago, and they were working as she had tested them. Ms. Moermond asked Ms. Pearson if she had someplace else to stay unfil the power was tumed back on. Ms. Pearson responded that she didn't believe so. Ms. Moerxnond staYed that she was concemed about the safety of everyone who was living in the house with the power being turned off. Therefore, she recommended denying the appeal with a vacation date of Thursday, June 26.