08-94�
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Council �le # O8'9
Green Sheet # 3048920
RESOLUTION
OF SAINT PAUL, MINNESOTA
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Presentedby /"/,/, —
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BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
hearing record and testimony heazd at the public hearing on January 8, 2008, hereby memorializes its
decision to certify and approve the Januazy 16, 2008 decision of the Legislative Hearing Officer for the
following address:
ADDRESS
1020 Carroll Avenue
APELLANT
Travis Wilkinson
Decision: Appeal denied and extending the vacate date to February 1, 2008.
Bosh'om
Hams
Adopted by Council: Date
Yeas Nays Absent
✓
✓
✓
✓
Adoption Certified by Cf�uncil Secretary
BY� /l /l/d/,�it _/I�!/l�d/,�
Approved a Date � ,�/Q�
B Y' `� � LN.�'F'c'`�t*
Requested by Department of:
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Form Approved by Ciry Attorney
By:
Form Approved by Mayor foi Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�S-9t�
17JAN-08 I Green Sheet NO: 3048920
y
Assign
Number
For
Routing
Order
0 onncil
1 oancil De artment D'vxtor
2 ' Clerk CS Clerk
3
4
5
C� -Council
i Conqct Person 8 Phone:
Marcia Moertnond
, 6-8570
Doc. Type: RESOLUTION
E-Document Required: Y
DocumentConWCt MaiVang
Contact Phone: 6-8563
Total # of Signature Pages _(Clip All locations for Signature)
Resol�tion memorializing City Council action taken January 16, 2008 denying the appeal and extending the vacate date to February
1, 2008 for property at 1020 Carroll Avenue, per [he recommendation of the Legislative Hearing Officer.
oanons. t�pp�ove (H) or ne�ea �rc�: rersonai aervice i.oniraccs inusc Hnswer me reuowiny �ueouvns:
Planning Commission 1. Has this personffirm ever worked under a contract for this department?
CI8 Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3 Does this person/firm possess a sltill noi normally possessed by any
current city employee?
Yes No
Explain ali yes answers on separate sheet and attach to green sheet
initiaf+ng Problem, Issues, Opportunity (Who, What, When, Whe[e, Why):
Ativantages If Approved:
�_ —_
� Disadvantages lf Approved:
i
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
iExplain)
Cost/Revenue Budgeted:
Activity Number:
January 17, 2008 10:56 AM Page 1
APPLICATION FOR APPE.AL
Saint Paul City Clerk
15 W. KeIlogg Blvd., 310 City Hall
Saint Paul, Minnesota 5� 102
4. Name of Owner:_ ��� � �e� �OK �
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v�t�� Uh�����r��e
Address: "� / City: State: Zip:
Phone Numbers: Business vy K y � w � Residence
Cellular
5. Appellant / Applicant (if other than owner): ��'� ✓�� -��� �h P��� L✓! f J<�'� S
Address: ��� C"�/✓��1/� City: .S� /� State: �� Zip: �
PhoneNumbers: Business Residenc� �6✓ Cellulaz
=1 r L�7,P �� �"i'f ��'h S� S �'G� /' ��C (.r/ / � 7 [.- i � GP 'J�` �r7Y�" ���6Zic �
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. .�ny gerson unsarisfied by the final decision of the City Council may obtain judicial review by
timaly filing of an action as provided by law in Dishict Cois[.
For Office Use Only
Date Received: Fee Received: Receipt Number: Date
� Telephone: (651) 266-8688
6 State specifica�ly whaf is being appealed aud why (Use an attachment if necessary):
DEPP.RTMENT OF SAFETY AND INSPECTIONS
Fire Inspecrion Division
RobertKesster, Director
�O ��J'
CTTY OF SAINT PAUL
Christopher B. Coleman, Mayor
100 Easz 1]' Street Telephone: 651-228-6230
Saint Pau{ MN 55101
January 7, 2008
�i co�.
3550 LEXINGTON AVE N STE 110
SHOREVIEW MN 55126-8048
RE: 1020 CARROLL AVE
Re£ # 102473
Dear Property Representative:
Your building was inspected on January 7, 2008 in response to a referral.
The building was found to be unsafe, unfit far human habitation, a public nuisance, a hazard to the public
welfare ar otherwise dangerous to human life. A Condemnation Placard has been posted on the building.
The following deficiency list must be completed immediately or the building vacated.
A reinspection will be made on January 8, 2008 at 230pm.
CONDEMNATION OF THE BUILDING REVOKES THE FIIZE 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.
DBFICIENCY LIST
1. 1- 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.
2. MSFC 1011.2 - Remove the materials that cause an exit obstruction. Maintain a clear and unobstructed
exitway. —Remove garbage and debris blocking the pathways to the exit doors.
3. MSFC 10033.1.8 - Remove unapproved locks from the exit doors. The door must be openable from the
inside without the use of keys or special la�owledge or effort. —Remove the hasp lock from the front door.
4. SPLC 34.09 (3), 3432 (3) - Repair and maintain the door in good condition.
SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door latch.
SPI,C 34.04 (3), 34.32 (3) - Repair and maintain the door frame.
7. SPLC 34.09 (1) b,c, 3432 (1) b,c - Provide and maintain all exterior walls free from holes and
deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and
maintained in a professional manner free from chipped or peeling paint. �8 ��, /
�-r-
8. SPLC 34.09 (1) e, 34.32 (1) d- Provide and maintained the roof weather tight and free from defects.
9. SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window screen.
10. MSFC 315.2 - Provide and maintain orderly storage of materials.
ll. MN Stat 299F18 - Tmmediately remove 50% and discontinue excessive accumulation of combustible
materials.
12. MSFC 308.21 - No person shall throw or place, or cause to be thrown or placed, a lighted match, cigaz,
cigarette, matches, or other flaming or glowing substance or object on any surface or article where it can cause
an unwanted fire. Inspector found careless disposable of cigarettes.
13. SPLC 34.10 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide
documentation of extermination.
14. SPLC 3410 (5), 3433 (4), 34.16 - Provide and maintain interior in a clean and sanitary condition.
15. SPLC 34.10 (3), 3433(2) - Provide an approved handrail. The top of the handrail must be between 34
and 3$ inches above the treads and run the entire length of the stair.
16. SPLC 34.10 (7), 3433 (6) - Repair and maintain the wails in an approved manner.
17. SPLC 34.10 (7), 34.33 (6) - Repair and maintain the floor in an approved manner.
18. SPLC 34.10 (7), 34.33 (6) - Repair and maintain the ceiling in an approved manner.
19. IJMC 1346.703 - Provide 3Q inches clearance around all mechanical equipment.
20. SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways and stairs. -Remove the
ice and snow from the sidewalk and staixs.
21. SPLC 34.19 - Provide access to the inspector to all areas of the building. Allow inspector access to the
upstairs.
22. SPLC 34.16 (2) - Properly dispose all of your garbage in the owner-provided containers.
23. MN Stat. 299F362 - Immediately provide and maintain a smoke detector located outside each sleeping
area.
24. SPLC 34.09 (3) i- Provide and maintain an approved one-inch throw single cylinder deadbolt lock.
25. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office.
26. Provide the inspector with a completed and signed Residential Occupancy Affidavit.
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.
Os-y�
If you have any questions, you may contact me at 651-228-6248.
Sincerely,
A.J. Neis
Fire Inspector
Ref. # 102473
cc: Force Unit
cc: Dishict Council
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MINUTES OF THE LEGISLATIVE HEARING
ORDERS TO REMOVE/REPAIR, CONDEMNATIONS,
ABATEMENT ASSBSSMENTS AND ABATEMENT ORDERS
Tuesday, January 8, 2008
Room 330 City Hall, 15 Kellogg Blvd. West
Marcia Moermond, Legislarive Hearing Officer
The hearing was called to order at 1:40 p.m.
STAFF PRESENT: A.J. Neis, Deparhnent of Safety and Inspection (DSn - Fire; Mike Urmann,
DSI - Fire; and Mai Vang, City Council
Appeal of Travis Wilkinson to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 1020 Carroll Avenue.
Cheryl and Travis Wilkenson, tenants of the property, appeared. Ms. Wilkenson stated that she had
called the Ciry fo complain that they did not have garbage service.
Mr. Neis stated that a complaint was received on January 4 on storing garbage inside the house. On
January 7, he inspected the property and was allowed access by a person by the name of Sean. He
explained that he had received a complaint on storing garbage inside the house and Sean told him
that this was true. He found multiple piles of garbage and debris throughout the first floor of the
home and it was extremely unsanitary. He then went out to get his camera and when he returned,
Sean had told him that one of the tenants was upstairs sleeping and Mr. Neis told him that he should
go wake the tenant as he was going to condemn the buiIding. He noticed lots of garbage, debris,
cigarette butts, bottles of soda and alcohol lying all over the floor, and the passage ways were
blocked for ingress and egress. Mr. Wilkenson then came downstairs and he asked him whether he
had sought assistance. 4Vhen he attempted to offer him some contact information for assistance,
Mr. Wilkenson indicated that he had exhausted all his efforts and refused to take the information.
He asked Mr. Wilkenson if he could inspect the upstairs and was refused access. He then placarded
the building with the Condemnarion and Order to Vacate.
Ms. Wilkenson stated that they had someone from SMRLS come to their house to take photographs
of the current conditions in the house and they were awaiting his arrival. She stated that they had
been up for 24 hours cleaning the entire house. They were very upset by the situation and were
t7ying to do everything tkey could to take care of the situation.
Ms. Moermond asked Mr. Neis to explain the photographs. Mr. Neis stated that the first photo was
of the roof which was in need of substantial repair including the gutters, missing shingles, and taz
paper that had come loose from the roof. The next picture was an accumulation of ice on the front
stairs to the house which made it unsafe to enfer or exit from the property. FolIowing was a photo
of the front-enhy door which appeared to have been breached at some point, the deadbolt lock was
missing, which was a requirement, and the door was in need of repair. The next picture was of the
living room showing the scattered garbage and debris that was scattered throughout the home.
[Note: A1 Harris, paralegal with SMRLS, arrived with pictures of the property for the Wilkensons
and Mr. Urmann invited him to stay for the hearing]. The £ollowing pichxre was garbage and
debris, liquar bottles, pop bottles, cans, improper discard of smoking materials, and ashes that were
piled one feet to one and one-half feet high in between two sofas. The following picture was of
January 8, 2008 Legislafive Hearing Minutes for 102Q Carroll Avenue b$' �� Page 2
trash scattered throughout the living room and enhyway into the kiYchen area. He noted that the
types of materials thaz were being stored, newspapers, and pizza boxes, were highly combustible
and there was obvious smoking in the home. The following piciure was once again more
combustibles that were piled high throughout the azea. The following picture was of the kitchen
with rnore gazbage, there were a lot of flies and there obviously was food that had been discazded
which was highiy unsanitary. The following picture was of the inside of the refrigerator as he was
trying to deternune the location of the rotting food that he could smell and he was trying to
determine where the flies were coming fram. He noted that he could nat deterniine the source of
the flies as they were found in the kitchen and in the basement of the home. The following picture
was of the stove, and in between the refrigerator and the stove, there was a pile of combustibles
which if the stove were used, could easily ignite the boxes. The foilowing picture was another pile
of combustibles and bags of garbage. The following picture was of a missing smoke detector
located outside of the basement azea which locarion was not required under the Code. Since he was
unable to gain entry to the upstairs, ha did not know whether there were operable smoke detectors
by the sleeping rooms. The following picture was of smoking materials that had been discazded on
the floor and left to burn which was located near paper materials which could cause a fire. The
foliowing picture was of the kitchen ceiling which showed that there was either mold or grease and
the ceiling was in need of patching and painting. The last picture was of the condemnation notice
which indicated the incorrect date on the norice. The vacate date should have been listed as January
8 and not January 5.
Ms. Moermond asked whether there was an indication of other insects or rodents being present or
whether it was just flies that were observed. Mr. Neis responded that there was no indication of
mouse droppings and the only insects that were present were the flies.
Ms. Moermond sYated that in reviewing the deficiency list, the main items of concern were the
ingress/egress issues in terms of the deadbolt lock, the blockage of exits, the insects, the volume of
material, and the unsanitary conditions. She asked whether these were the primazy issues that lead
to khe condemnation. Mr. Neis responded that this was correct and his main concerns in
condenming the pmperty were the gross unsanitary condirions, the garbage, the combustibles, the
careless discard of smoking materials, and the exiting obstructions. If these items were corrected,
he would be willing to allow additional time to make the repairs of the other items.
Mr. Urmann stated that since the tenants had testified that they had been up for 24 hours working on
cleaning up the property, they would be willing to re-inspect the property and possibly lift the
condemnation if those items were taken care of.
Ms. Moermond toid the Wilkensons that she had heard numerous cases such as theirs where it
appeared that they had issues with over accumulating stuff, which was a condition aiso known as
hoarding. She suggested they seek support and advice for their condition as she had wimessed
people who would clean up their property and then in a few years, they were back in the saine
situation. She was concerned about their long-term ability to manage their situation. Ms.
Moermond stated that when she had taiked to Mr. Wilkenson, she inshucted him to get the garbage
out of the house and she had talked to the manager of Code Enforcement to have an emergency
abatement so that the garbage would be picked up by the City. She asked whether the garbage had
been picked up yet.
Ms. Wilkenson stated that the $arbage was srill in the yard and had not been removed yet.
January 8, 2008 I,egisiarive Hearing Minutes for 1020 Carroll Avenue Qg � yL¢ Page 3
Mr. Wilkenson stated that they had contacted Waste Management to contract for garbage service
and he was toid that St. Paul had an ordinance that only the owner couid contract for garbage
service and they refused his request. They had stored the garbage in the house since the garbage
service stopped in mid-November as they didn't want to put it out in the yard and annoy the
neighbors. They had run out of places to put it.
Ms. Moermond stated that once the situation was under control in the house, the City could provide
a garbage container and begin pick-up service. She indicated that tkris was rather expensive;
however, they would not be responsible for the cost as it would be the owner's responsibility.
Mr. Wilkenson stated that they would be willing to pay for garbage hauling service which was what
they had wanted to do in the first place as it was the right thing to do. This was why they had called
the City to compiain in the first piace.
Ms. Wilkenson claimed that she had asked her parents and neighbors to help them out with getting
rid of the garbage since they didn't have service and they were embarrassed by their situation. She
also claimed that they were very clean people. She had called the City as a way to remedy their
situation with the garbage as she was told this was what she needed to do. She stated that they had
paid their rent on time every month to the owner and then this happened.
Ms. Moermond asked whether they had a car. Ms. Wilkenson responded that their vehicle had been
vandalized. She was employed; however, her husband was currently looking for a job. They also
needed to find another place to live as it was her understanding that the property was being
foreclosed upon. They had considered talking to the bank to see if they could get a loan to purchase
the property and to fix it up. She had not expected the house to be condemned and she was in shock
at what happened. She apologized to Mr, Neis for the way she behaved towards him; however, she
was hysterical as she didn't know what to do. She was asking for enough time to remove their stuff
and to find another place to live.
Mr. Urmann stated that the biggest concern was the discazd of the smoking materials with the way
that they were on the floor and overflowing on the countertop especially since it was in such close
proximity to the combustibles. He considered it an immediate life/safety issue which was the
reason for the 24 hour vacate.
Ms. Moermond asked to see the new photographs taken by Mr. Harris. She also e�ressed concern
with the condition of the second floor since the inspector was not allowed to inspect it. In
reviewing the photographs, there was a picture of the emergency abatement arder to pick up the
gazbage that had been posted on the exterior of the house. In looking at the pictures, she could stili
see that there were violations exisfing. She gave the photos to Mr. Urmann and Mr. Neis for their
review.
Ms. Moermond asked the Wilkensons whether they had smoke detectors. Ms. Wilkenson stated
that they had smoke detectors; however, they were uncertain as to where tke needed to be installed.
She said that they still had some cleaning to do on the second flaor which they needed to take care
and they intended to do it if they were allowed to go back to the property.
Ms. Moermond told the Wilkensons that no matter what the deternunation was in this hearing, they
would be allowed access to the property from 8 a.m. to 8 p.m. to work on cleaning it up so that the
January 8, 2008 Legislarive Hearing Minutes for 1020 Carroll Avenue ��� Page 4
condemnation could be lifted. However, they wouid not be able to cook or sieep at the house.
Ms. Wilkenson stated that they would be willing to allow the inspectors to go back to the property
after the hearing for a re-inspection.
Ms. Moermond stated that in circumstances where the City takes action such as this, it forces a
crisis. Sometimes forcing that crisis allows things to change and brings forth resources that they
may not otherwise have access to. She said that it was near impossible to get a county social
worker unIess there was a condemnation and a social worker could help with refesals to other
resourcestoo.
Ms. Moermond asked the inspectors what their impressions were of the new photographs. Mr. Neis
stated that in looking at the photographs, he could see substantial improvement from the previous
day. If the Wilkensons were willing to allow him to re-inspect the property after the hearing, he
would be willing to install the smoke detectors for them and depending on the conditions observed,
he would likely allow them an additiona130 days to stay in the house provided it stayed in that
condition.
Mr. Wilkenson asked whether they could continue to receive City services concerning the gazbage
pick up,
Ms. Moermond stated that the inspector wouid call the Code Enforcement inspector and requet that
they drop off a garbage container and begin City hauling service to the property. The charge for the
service, again, would be the responsibility of the owner.
Ms. Moermond stated that she had heard from the inspectors and City Clerk thaC the Mr. Wilkenson
had issues with the behaviars of the City and she believed the comment was made that "he could
understand why inspectors are shot."
Mr. Wilkenson responded that he was very angry as he believed they were being kicked out without
a way to retain their sTuff. He said that he was from a fire department family and he would never
wish this to happen. It was their intention to get their landlard in trouble frsr his actions.
Ms. Moermond stated that since this had been said and approximately 10 years ago an inspector was
shot and killed, there would need to be police presence when the property was re-inspected. She
said that it wouid be their decision as to whether they wanted legal representation from SMRLS to
be present during the re-inspection. She said that the inspector wouid need to have access to inspect
the second floor and the smoke detectors would need to be installed in accordance with the Code.
Mr. Urmann asked Mr. Harris whether he had been upstairs. Mr. Harris responded that he had not.
Mr. Wilkenson stated that the upstairs had a straight haliway to the bathroom, a master bedroom,
and a second bedroom. He was not sure where he would need to install the smake detector.
Mr. Harris stated that he had received an e-mail that there was an urgent situarion concerning this
property. He contacted the Wilkensons and was made aware of this hearing. He went to the
property to take the pictures concerning the repairs that needed to be made to the property. It was
clear that from the inside of the house, there was a lot of maferiai and a lot of clutter and the
January 8, 2008 Legislative Hearing Minutes for 1020 Carroll Avenue D$ ��'-7 Page 5
pictures showed this. His cancem was that Wilkensons be granted some time to deal with cleaning
up the house. He believed the attorney handling this case, JuPaul Harris, would contact the
Wilkensons and then attempt to find the owner to address the issues wiih the property.
Ms. Moermond stated that she was unsure whether this case was a candidate for a Tenants Remedy
Action (TRA) which was something that the attorney wouid need to determine. She recommended
granting a vacate date of Febrnary 1 which could change if there were a TRA to get some of the
repairs done. She suggested that they could work with the inspectors directly and she believed that
they would be willing to grant some flexibility in their situation.
Mr. Wilkenson stated that it was his understanding that a sheriffs sale was scheduled to take place
on Febniary 15. Ms. Moermond stated that they would need to consult with their legal
representative on this and if there was an emergency TRA to get some of the repairs done, she could
see granting up to six months before they would need to vacate. However, she was concerned that
there wasn't a responsibie party taking care of the property.
[Note: since the inspectors were unable to make an appointment to re-inspect the property after the
hearing, Mr. Harris agreed to go to the property to install the smoke detectors afrer the hearing.]
The hearing adjourned at 2:20 p.m.