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08-999 � Council_FiIQ� /� — — _ "� ,.---- Green Sheet # 3058643 RESOLUTION 1 2 3 4 S 6 7 8 9 10 11 Presented 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 public hearing on August 20, 2008 hereby memorializes its decision to certify and approve the August 12, 2008 decision of the Legislative Hearing Officer for the following address: ADDRESS 439 Lawson Avenue East APELLANT Michael & Jerin McRath Decision: Appeal denied with a vacate date of August 22, 2008 if everything is not completed by August 20. Requested by Department of: � Form Approved by City Attorney S Adoption Certified by Counci) Secretary By: " n Approved by y Date � V BY� �� � Y��o� Form Approved by Mayor for Submission to Council By: CO �a��� Contact Person 8 Phone: Marcia Mcertnond 6-8570 Must Be on Council Aqen� Doc. Type: RESOLUTION E-DOCUment Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 _ __ ---- - - �en Sheet Green Sheet Gre�n Sheet Green Sheet Green Sheef 25-AUG-08 y Assign Number Fof Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3058643 0 ouncl I ounc� De artment Director 2 ' Clerk Ci Clerk 3 4 5 Resolufion memorializing City Council action taken August 20, 2008 denying [he appeal with a vaca[e date of August 22, 2008 if everything is not completed by August 20, 2008 for property at 439 Lawson Avenue East, per the recommendation of the Legislative Hearing Officer. Planning Commission 1. Has this personifirm ever worked under a contract for this depar[ment? CIB 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 skill not normally possessed by any cu�rent city employee? Yes No E�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (1Nho, What, When, Where, Why): AdvanWges If Approved: DisadvanWges If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (F�cplain) Cost/Revenue Budgeted: Activity Number. September 4, 2008 8:26 AM Page 1 __ ` GiTY ' _ . � � � ��nSiIlID1 • e 5 � ,�, � . � � �° _ .___-- August 7, 2008 Michael & Jerin McRath 7800 Metro Parkway #300 Bioomington, MN 55425 RE: 439 Lawson Ave. E Dear Mr. & Mrs. McRath: CITY OF SAINT PAUL Your application for an appeal has been received and processed. Pfease attend the public heari�g before the Legislative Hearing Officer on Tuesday August 12, 2008 at 1:30 p.m. in Room 330 Gity 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 resu{t in denial of your appea{. Sincerely, ���� � Shari Moore City Clerk cc: Mike Urmann, DSI (Fire) Phil Owens, DSI (Fire) Leanna Shaff, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney JaclFie Girling, DSI (Fire Inspector) 15 WEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUL, MINNESOTA55102 Te1: 657-266-8688 Fax: 651-266-8574 www.stpaul.gov AA-ADA-EEO Employer APPLICATION FOR APPEAL =— -- -_- - - . c��Haii _ 08 ���'J-� ��°oe Saint Paul, Miimesota 55102 1 � Telephone: (651} 266-8fi88 l�j 1. Address of Property being Appealed: 2. Number of Dwelling Units: . Date of Letter AppeaIed: 439 I,awson Avenue East 4. Name of Owner: Michael and Jerin Single Family July 28, 2008 Address: 7800 Metro Parkway #300 City: Bloomington State: MN Zip: 55425 Phone Numbers: Business 612.290.7628 Residence 651.204.2017 Cellular 612290.7628 Signature: � 5. Appellant / Applicant (if other than owner): Address: City: State: Zip: Phone Numbers: Business Residence Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary}: The 16 items listed as deficiencies in the July 28, 2008 letter from Yhe City's Depariment of Safery and Inspections, do not rise to the level of condemnarion because none of the items individually or cumulatively constitute an unsafe condition, or cause the bome to be unfit far human habitarion, a public nuisance or a hazazd to the public welfaze or otherwise dangerous to human life. The checked items on tt�e attached letter denote work that has been completed. The circled items denote work in process that wil] be comnleted 8.7.08 NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accompany this application as a necessary condition for filing. You must attach a copy of the originai arders and any other correspondence relative to this appeal. Any person unsafisfied by the fmal decision of the City Council may obtain }udicial review by timely filang of an action as providad by law in Disfrict Court. ror Office Use Onl Date Received: Fee Received: Receipt Number: ��t��D�'}� �� � ��� of Heazing: � � � a �.' DE_PARTMENZOFS���NS -- --�-- - - ��- -- - - - - � - - � -- - - - Fire Inspection Division - - -- � Robert Kessler. Director j� d� 0%� Ub �! � Christopher B. Coleman, Mayor July 28, 2008 MICHAEL MCRATH JERIN C MCRATH 13184 DRUMCLIFFE PATH ROSEMOLTNT MN 55068-3169 RE: 439 LAWSON AVE E Re£ # 100570 Dear Property Representative: Your building was inspected on July 28, 200$. /00 E¢r! !! S�rezt Telephone: 65td28-6230 Saint Paul, MN5510/ OCCUPANT 439 LAWSON AVE E ST PAUL MN 55141 The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazazd to the public welfare or otherwise dangerous to human life. A Condexnnafion Placard has been posted on the building. The following deficiency list must be completed immediately or the building vacated. A re-inspection will be made on Aagust 8, 2008 after 9:00 am. CONDEMNATION OF THE BUILDING REVOKES THE �IRE CERTIFICATE OF OCCUPANCY. Failure to complete the conections may result in a criminal citation. The Saint Panl Legisiative Code zequires that no building be occupied without a Fire Certificate of Occupancy. DERICIENCY LIST �� , U 2nd Floor bedzooms - MSFC 60�.1- A111ight fixtures shall be maintained with protective globes if originally equipped. 2nd Floor bedrooms - SPLC 3414 (2) (b) - Provide an additionai outlet.-Provide addirional outlet or repair the outlets that do not work in the 2nd level bedrooms. Submit documentation of professional work completed to inspector. ✓3. Basement and Main Floor Bathroom - SPLC 34.11, SBC 2902.1, SPLC 34.17, NIPC 415.0220 - Repair or repiace and maintain the plumbing fixture to an operational condition.-There is a ieak in the pipe in basement neaz furnace and water heater that is causing standing water in basement. Professionally repair and submit documentation to the inspector of work completed. Also repair the toilet in the main floor bathroom that leaks at the base when the toilet is flushed. -- - __ - _ _ __ - -- - -- -- ---- (� =�1 q � 4. Multiple Locations - SPLC 34.10 (7), 34.33 (6) - Repaar and maintain the ceiling in an approved manner.-Repair hole in ceiling above stairway leading to second floor. Repair hole in ceiling in in dinina room that looks up to the bathzoom. V f6. `1!I � �y� � � 12. �613. �14 Stairways to 2nd floor and to Basement - MSFC 6051 - Repair or replace damaged electrical fixtures. This work may require a pernut(s): Ca11 DSI at (651) 266-9090: The lighfs in the stairway leading to second floor and the stairi�ray leaking to basement flicker. Find source of the flicker and repair. Submit documentation of work completed to inspector. �pper Levei Bathroom - SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Repair floor in upper level hathroom. SPLC 34.08 (1), 3431 (1) - All exterior property areas shall be maintained free from any accumulation of refixse, garbage or feces. SPLC 34.09 (2), 3432(2) - Repair or replace the unsafe stairways in an approved manner. This work may require a pernut(s). Call DSI at (65:} 2b6-�090. SPLC 34.09 (3), 3432 (3) - Repair and maintain the window glass.-Window on porch is broken. Repaix. SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window screen.-Missing and/or Torn screens throughont the main floor. Repair or Reglace all. SPLC 34.10 (7), 34.33 (6) - Repair and maintain the walls in an approved manner: Repair ail cracked walls throughout house. Clean and sanirize the walls in basement that have possible mold dasnage due to the constant leak in pipes. SPLC 34.10 (7), 34.33 (6) - Repair and maintain the floor in an approved manner.-Repair floor in kitchen near sink. Dry the floor in basement that currently has standing water due to a leak in the piping. Carpeting in dining room is in disrepair. Immediately remove carpeting and properiy sanitize floor. Provide adequate floor coverings for this area. � SPLC 34.1 I(6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. 5ubmit a completed copy of the Saint Paul Fire Marshal's Exisfing Fuel Buming Equipment Safety Tesi Report to this office. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. 15. SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re-inspecCed and approved by this office.-This property is being condemned for extreme sanitation issues as a result of rehab process as well as life and health concems. Vacate date is August 8, 2008. 16. SPLC 34.10 (5), 34.33 (4), 34.16 - Provide and maintain interior in a clean and sanitary condition.-There is a foul unhealthy smell emitting from the dining room possibly as a resuit of the rehab process. Imm.ediately remove foul odor. Xou have the right to appeal these orders to the Legislative Hearing Officer. Appli�ations 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. - ---- -- - _ - - _ - p�.��t� If you have any questions, you may contact me at 651-228-6230. Smcerel , --__�__.____—____.__�___.._�- _ _ ---- - - - --- Jackie Girling �ire Inspector Ref. * 100570 cc: Force Unit cc: District Councii AA-ADA-EEA Employer __ -- --- � _----- Augnsf TZ; Z6d8l,egislative Hearing Minutes a�i� �� Page 5 14. Appeal ofMichael and Michael McRath, properiy owner, appeazed with Don Hedquist, which indicated he was a state building inspector and had inspected the property. Ms. Shaff stated that a complaint was received on June 9 on a possible �oss interiar. Inspector Girling inspected the property on 7une 10 when the tenant let her in and found that the interior was not gross; however, there were many deficiencies. She presented photos of the interior of the building. A re-inspection was scheduled far July 9 in which the owner called and asked to reschedule. Inspector Girling re-scheduled the re-inspection for July 24 and again, the owner requested the appointment be rescheduled. Inspector Girling was able to conduct the re-inspection on July 28 and condemned the building due to the number of outstanding deficiencies, particularly with the dining room and the rehab that was still in progress. Ms. Moermond asked Mr. McRath why he was appealing the order. Mr. McRath questioned the integrity of the process and whether the City's website on property complaints was updated on a daily basis. He asked to see the photos and stated that the rehab was a work in progress. He did not agree with the timeline that he was given to complete the repairs. Ms. Shaff stated that according to the Amanda system, no permits had been pulled for the electrical or plumbing work which were required under the code. Mr. Hedquist questioned what would need permits. Ms. Moermond responded that the following items would require permits: item #2 — provide additional outlets in 2" floor bedrooms; item #3 — repair or replace the plumbing fixture in the basement and main floor bathroom; item #5 — the damaged electrical fixtures in the stairways to 2" floor and to basement. All would require permits and proof of the work would need to be provided to the Licensing inspectors. Ms. Shaff also noted that repair or replacement of the stairways would also require a permit. Mr. Hedquist responded that he didn't believe this work should require permits and didn't believe the property should have been condemned. He had inspected the property again on August 5 and many of the repairs had been made. The ceiling had been repaired, the leaking plumbing had been repaired and many of the other items on the deficiency list had been completed. Ms. Moermond asked what repairs on the list were still outstanding. Mr. McRath responded that the exterior trim had not been done; the carpeting in the dining room had been removed; however, he wanted to remove the remainder of the carpeting and repair the hardwood floors; the cracks in the wall were repaired; however, he still needed to paint; the plumbing had been done; and the electrical had been done. He also stated that the tenant did not have a dog and it was the neighbor's dog that had caused the dog feces issue in the backyard. Ms. Moermond responded that it was still the property owner's responsibility to keep the yard clean. She told Mr. McRath that he would need to have permits pulled for the plumbing and the electrical work and cautioned that the plumbing work may need to be re-done if the work was not done by a St. Paul licensed contractor. - _ ----��tgcistY2;�U0$LegisrativeHearingMinutes Mr. McRath asked Ms. Moermond to lift -- _. _ . _ ����� Page6 ivas-notwit]��o`��sa=g��e - ad m e e repairs which were still outstanding. She asked Mr. McRath whether he had pxovided the fuel burning test report and the affidavit for the smoke detectors to the inspector. Mr. McRath responded that he had not. He said that the reason for the delay in completing the repairs was due to the fact that the tenant had major surgery and was recuperating at home. He did not have access to the house to be able to make the repairs during that tune. Ms. Moermond asked Mr. McRath how long he believed he would need to complete the repairs. Mr. McRath responded thai he believed he could have everything done by August 21. Ms. Shaff stated that he would need to call Licensing to have the inspectors come out to inspect the work and to sign off on it. Ae would also need to schedule a re-inspection with Inspector Girling. Ms. Moermond recommended denying the appeal if everything was not completed by August 20 as this was the date the Council Public Hearing was scheduled. If the repairs are not completed by that time, she would recommend the building be vacated on Friday, August 22.