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09-09Council File # 09'� � Green Sheet # 3065374 RESOLUTION SAINT PAUL, MINNESOTA Presented by �� 1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heazd at public hearing on December 17, 2008 hereby memorializes its 3 decision to certify and approve the November 25, 2008 decision of the Legislative Hearing Officer for the 4 following address: 5 6 ADDRESS APELLANT 7 8 593 Cook Avenue, Unit 1 Larry Arman 9 Monique Adams 10 Decision: Appeal granted. Carter Bostrom Harris Helgen Stark Thune Adopted by Council: Date Absent I � Requested by Departrnent of: ✓ Adoption Certified by Counc�l Secretary BY �/�i o%e C � B�proved��y r Dar�� ( (f,t.ClC � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet n���l �t � Department/0fficelCouncil: Date Initiated: ` � co-�°°°G� 1g-DEC-08 Green Sheet NO: 3065374 Contact Person 8 Phone: Department Sent To Person InkiallDate Marcia Moermond y o 000cu � Cr8570 1 oaac0 De artment Director Assign Z ' Clerk (,7 Clerk Must Be on Council Agenda by (Date): Number 3 0 Routing M1 0 Doc.Type:RESOLUTION Order 5 O E-DocumentRequired: Y Document Contad: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution memorializing City Council action taken December 17, 2008 granting the appeal for property at 593 Cook Avenue Eas[, Unit 1, per the recommendation of the Legislative Hearing Officer. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1, Has this person/firm ever worked under a conVactfor Nis department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/irtn possess a skill not normally possessed by any currenl ciry employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Apprnved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: CosNRevenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) December 19, 2005 3:54 PM Page 1 � �.r,a a�-bq R �e ��� CITY OF SAINT PAUL � R� i��� '9 � CITY CLERK S OFFICE November 19, 2008 Larry Arman 593 Cook (lower) St. Paul, MN 55106 RE: 593 Cook (lower) Dear Mr. Arman: Your application for an appeai has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Tuesday, November 25, 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 Legisiative Hearing Officer will hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, ���'���� //`�GL2�� �-��-- Shari Moore City Clerk cc: Phil Owens, DSI (Fire) Leanna Shaff, DSI (Fire) Marcia Moermond, Legislative Hearing O�cer Jerry Hendrickson, Deputy City Attorney Owner, Monique Adams 15 WEST KELLOGG BOULEVARD, SUTTE 310 SAINT PAUL, MINNESOTA55102 Tel: 651-266-8688 Fax: 651-266-8574 www.stpaul.gov M Affirmative Action Equal OpportumTy Employer ��-o� APPLICATION FOR APPEAL Saint Paul City C1erk 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota 55102 Telephone: (651) 266-8688 Cellulaz 1. dress of Property being Appealed: 2. Number of Dwelling Units: 3. Date of Letter Appealed: �`�.=� �r��� «'� � 1I 1i� I(�; 4. Name of Owner: Address: 1� � � City: ��State: /� .n/ Zip: ��/QD Phone Numbers: Business � W �<<{ (�'�-�Residence 5. Appeilant / Applicant (if other than owner): /,� /�� icw�f �j �(��l �� /� Address: J�� W�� City: �/� C� State: /v`/�-' Zip� w PhoneNumbers:�usiness ��f� Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary): . .� ��. t L ci �e . � ��W'e �LZi NOT : A$25.00 iling ee made p yable to the City o Saint Paul ust accom y this applicatron as a t� necessary condition for filing. You must attach a copy of the original orders and any other correspondence r�latfvi to this appeal. Any person unsatisfied by the final decision of the City Council may obtain judicial review l�y timely Filing of an action as provided by law in District Court. .�� Date Received: Fee Received: Office Use �E �QV� `� 2 p�8 ��D .� )ate of Hearing: �/ ��v. �5 �:30 ,�� Ca��,� r r � � 4/25ML�07 DEPARTMENT SAFETY AND INSPECTIONS Fire Inspection Division Rabert Kessler, D�rector D � f � � CITY OF SAIN'I' PAUL Christapher B. Coleman, Mayor 375 Jackson StreeK Suite 220 Te[ephone: 65l-266-9090 Saint P¢ul, MN»701-1806 November 24, 2008 MOIVIQUE L ADAMS 7707 RIMBLEY ROAD ST PAUL MN 55125-1644 RE: FIRE CERTIFICATE OF OCCUPANCY WITH DEFICIENCIES 593 COOK AVE E Ref. # 107751 Residential Class: C Dear Property Representative: Your building was inspected on November 14, 2008 for the renewal of your Fire Certificate of Occupancy. Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be corrected immediately. ALL DEFICIENCIES MUST BE COMPLETE BY CLOSE OF BUSINESS ON DECEMBER 4, 2008 PER LEGISLATIVE HEARING OFFICER. Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building shall be occupied without a Certi�icate of Occupancy. The code also provides for the assessment of additional reinspection fees. YOU WILL BE RESPONSIBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF DEFICIENCIES t1RE THEIR RESPONSIBILITY. DEFICIENCY LIST Bedroom west side Unit 2- SPLC 34.13 (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the sleeping rooms to: 2-Bedroom west side reduce to 2 sleeping three . Measured at 122 sq ft. 2. Front steps - SPLC 34.09 (2) 3432 (2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire length of the stair.-Handrail on Steps Southside closet to public sidewalk. 3. Garage - SPLC 71.01 - The address posted is not visible from street. (HN-1)-Provide address numbers that contrast with the background. Provide reflective numbers or background or illuminate at night. 4. Garage - SPLC 34.08 (5), 3431 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory stnzctures free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements. 04-0� 5. Unit 1- MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring.-VARIOUS LOCATIONS 6. Unit 1- SPLC 34.10 (4), 3433 (3) - Provide a bathroom floor impervious to water. CAULK AROUND BOTTOM OF TOILET. Unit 1- SPLC 34.10 (5), 3433 (4), 34.16 - Provide and maintain interior in a clean and sanitary be more than 3 months old. 8. Unit 1- SPLC 34.10 (7), 3433 (6) - Repair and maintain the walls in an approved manner.-Paint the wall. Patch the holes and/or cracks in the walls. 9. Unit 1- SPLC 34.10 (7), 3433 (6) - Repair and maintain the floar in an approved manner.-Repair or replace the floor tile. KITCHEN 10. Unit 1- SPLC 34.10 (7), 3433 (6) - Repair and maintain the ceiling in an approved manner.-Paint the ceiling. Patch the holes and/or cracks in the ceiling. 11. Unit 1- SPLC 34.10 (7), 34.33 (6) - Repair or replace and maintain the woodwork in an approved manner. 12. Unit 1- SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or replace and maintain the plumbing fixture to an operational condition.-Repair or replace and maintain an approved private toilet. This work may require a permit(s). Call LIEP at (651) 266-9090. SECiJRE TOILET TO FLOOR. 13. Unit 1- SPLC 34.13 (4) - Provide and maintain an approved escape window from each sleeping room. The minimum size must be 5.7 square feet of glazed area with a minimum of 24 inches of openable height and 20 inches of openable width. Refer to provide handout EW-1 for more information.- . REMOVE ALL OBSTRUCTION THAT PREVENT EXITING THROUGH EGRESS WINDOW. BEDROOM SOUTH SIDE 14. Unit 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. This apartment has a total of 16 dogs there are 13 puppies 11-14-8 and three large Master Pit Mixed Bulldogs that way at least 130 pounds. The bedroom on the eastside has been soiled as well as the basement where animals were kept previously with and odor that has become apparent at the very entrance of the building.-This unit had 8 puppies befare now has 13. 15. Unit 1- SPLC 62.101 - Use of this property does not conform to zoning ordinance. Discontinue unapproved use or call DSI Zoning at (651) 266-9090 to convert to legal use. Discontinue: Usage of this apartment as a pet store must stop immediately.-I met with Animal Control Sup Bill and two St Paul Police squads called by animal control and the tenant . 16. Unit 2- MSFC 1011.2 - Remove the materials that cause an exit obstruction. Maintain a clear and unobstructed exitway. Remove couch out of exit pathway. 17. Unit 2- SPLC 34.13 (2), (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the unit to: 5 18. Unit 2- SPLC 34.13 (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the sleeping rooms to: 2-Bedroom measured at 117 sq ft. sleeping 4 reduce to 2 Bedroom south side oq�b 9 19. Unit 1- SPLC - SEC 200.02 - LICENSED REQUIRED. No person shall own harbor keep or maintain in the City any dog over three (3) months of age without a license. All animals over the age of three months old in this house must be licensed.-you will need to show the age of the 8 dogs housed in a room in the apartment 20. Unit 2- MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring.-various locations 21. Unit 2- SPLC 34.10 (7), 34.33 (6) - Repair and maintain the floor in an approved manner.-Living room - Repair or replace the carpeting. 22. Unit 2- MSFC 100331.8 - Remove unapproved locks from the unit doors. The door must be openable from the inside without the use of keys or special knowledge or effort.-Remove all sliding bolt locks 23. SPLC 3411 (6), 34.34 (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. 24. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. 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, call me at 651-266-8983 between 7:30 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, James Thomas Fire Inspector Ref. # 107751 AA-ADA-EEO Employa 4 �,I Y OA � i p 4 1 yr �O . .. .3" % e oilE�61� ' `�c � v 85• November 25, 2008 CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL 310 CITY HALL IS WEST KELLOGG BOULEVARD SAINT PAUL, MN 55102-1615 EMAIL: leeislativeheazinas�a ci.stoaul.mn.us PHONE: (651)266-8560 FAX: (651)266-8574 6��b� Larry Arman 593 Cook Avenue, Lower Unit SaintPaul, MN 55106 Monique Adams 7707 Rimbley Road Saint Paul, MN 55125-1644 Occupa�t 593 Cook Avenue, Unit 2 Saint Paul, MN 55106 Re: Appeal to a Certificate of Occupancy Revocation, which includes Condemnation and Order to Vacate for property at 593 Cook Avenue. Dear Owner & Occupants: This is to confirm with you all that Mr. Arman was here for a Legislative Hearing on November 25, 2008 and Mazcia Moermond, the Legislative Hearing Officer, recommended that all deficiencies must be corrected by the close of business on Thursday, December 4, 2008. If all the deficiencies are corrected, she will recommend ganting the appeaL If they are not corrected by the deadline, she will recommend denying the appeal and grant an extension to December 31, 2008 for vacation. She also stated that an inspection will be scheduled with Inspector Thomas sometime next week. If you have any questions, you may contact me at 651-266-8563. Sincerely, Mai Vang Paralegal for Marcia Moermond ca Leanna Shaff, DSI-Fire (via email) James Thomas, DSI-Fire (via email) 0 M Affirmatrve Act�on Equal OpportuniTy Employer DEPARTMENT SAFETY AND INSPECTIONS F�re Inspection Division RobenKessler,Director 6 Q / 0(� CITY OF SAINT PAUL Chnstopher B. Coleman, Mayor 375 Jacksan Street, Suite 210 Telephane: 651-Z66-9090 Saint Paul, MN SSIOI-1806 November 14, 2008 MONIQUE L ADAMS 7707 RINIBLEY ROAD ST PAUL MN 55125-1644 RE: RE-INSPECTION FIRE CERTIFICATE OF OCCUPANCY WITH DEFICIENCIES 593 COOK AVE E Re£ # 107751 Deaz Property Representative: Your building was re-inspected for the Fire Certificate of Occupancy on November 14, 2008. Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be corrected immediately. A reinspection will be made on December 8, 2008 at 11:00 A.M.. Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. DEFICIENCY LIST Bedroom west side Unit 2- SPLC 34.13 (3), SPLC 34.17 (2) - Reduce and maintain the nuxnber of occupants in the sleeping rooms to: 2-Bedroom west side reduce to 2 sleeping three . Measured at 122 sq ft. 2. Unit 1- MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring.-VARIOUS LOCATIONS 3. Unit 1- SPLC 34.10 (4), 3433 (3) - Provide a bathroom floor impervious to water. CAiJLK AROIJND BOTTOM OF TOILET. 4. Unit 1- SPLC 34.10 (5), 3433 (4), 34.16 - Provide and maintain interior in a clean and sanitary condition.-There is dog feces own the kitchen floor and in the room where there are 8 puppies which appeaz to be more than 3 months old. 5. Unit 1- SPLC 3410 (7), 3433 (6) - Repair and maintain the walls in an approved manner.-Paint the wall. Patch the holes and/or cracks in the walls. 6. Unit 1- SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Repair or replace the floor tile. KITCHEN 7. Unit 1- SPLC 34.10 (7), 34.33 (6) - Repair and maintain the ceiling in an approved manner.-Paint the ceiling. Patch the holes and/or cracks in the ceiling. 09�09 8. Unit 1- SPLC 34.10 (7), 3433 (6) - Repair or replace and maintain the woodwork in an approved manner. 9. Unit 1- SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or replace and maintain the plumbing fixture to an operarional condition.-Repair or replace and maintain an approved private toilet. This work may require a permit(s). Call LIEP at (651) 266-9090. SECiJRE TOILET TO FLOOR. 10. Unit 1- SPLC 34.13 (4) - Provide and maintain an approved escape window from each sleeping room. The minimum size must be 5.7 square feet of glazed area with a minimum of 24 inches of openable height and 20 inches of openable width. Refer to provide handout EW-1 for more information.- REMOVE ALL OBSTRUCTION THAT PREVENT EXITING THROUGH EGRESS WINDOW. BEDROOM SOUTH SIDE i l. Unit 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. This apartment has a total of 16 dogs there are 13 puppies 11-14-8 and three large Master Pit Mixed Bulldogs that way at least 130 pounds. The bedroom on the eastside has been soiled as well as the basement where animals were kept previously with and odor that has become apparent at the very entrance of the building: This unit had 8 puppies before now has 13.VACATE DATE 11-24-08 12. Unit 1- SPLC 62.101 - Use of this property does not conform to zoning ordinance. Discontinue unapproved use or call DSI Zoning at (651) 266-9090 to convert to legal use. Discontinue: Usage of this apartment as a pet store must stop immediately.-I met with Animal Control Sup Bill and two St Paul Police squads called by animal control and the tenant . 13. Unit 2- MSFC 1011.2 - Remove the materials that cause an exit obshuction. Maintain a clear and unobstructed exitway. Remove couch out of exit pathway. 14. Unit 2- SPLC 3413 (2), (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the unit to: 5 15. Unit 2- SPLC 34.13 (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the sleeping rooms to: 2-Bedroom measured at 117 sq ft. sleeping 4 reduce to 2 Bedroom south side 16. Unit 1- SPLC - SEC 200.02 - LICENSED REQUIRED. No person shall own harbor keep or maintain in the City any dog over three (3) months of age without a license. All animals over the age of three months old in this house must be licensed.-you will need to show the age of the 8 dogs housed in a room in the apartment 17. Unit 2- MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring.-various locations 18. Unit 2- SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Living room - Repair or replace the carpeting. 19. Unit 2- MSFC 1003.3.1.8 - Remove unapproved locks from the unit doors. The door must be openable from the inside without the use of keys or special lrnowledge or effort.-Remove all sliding bolt locks 20. 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. o9�oy 21. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. If you have any questions, call me at 651-266-8983 between 7:30 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, James Thomas Fire Inspector Ref. # 107751 AA-ADA-EEO Employer CTI'I' OF SAINT PAUL Christapher B- Coleman, Mayor November 7, 2008 OCUPANT 593 E. COOK LJNIT #1 ST. PAUL, MN. 55130 DgpARTMENT SAFET'Y AND INSPECTIONS Fire Inspecrion Division Roben Kessler, Direcior oiA� A% °1 (/'I 375 Jackson Street, Suite 220 Telephone � 651-166-9090 g¢int paul, MN55I01-l806 RE: FIRE CERTIFICATE OF OCCUPANCY WITH DEFICIENCIES 593 COOK AVE E - Re£ # 107751 Residential Class: C Dear Property Representative: Your building was inspected on November 7, 2008 for the renewal of your Fire Certificate of Occupancy Approval for occupancy will be granted upon compliance with the foliowing deficiency list. The items on the list must be conected immediately. A reinspection will be.made on December 8, 2008' at 11:00 A:M:. Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building shall be occupied without a Certificate of Occupancy. The code also provides far the assessment of additional reinspection fees. — YOU WILL BE RESPONSIBLE FOR NOTIFYING TENANTS iF AN Y OF THE FOLLOWING LIST OF DEFICIENCIES ARE THEIR RESPONSIBILITY. DEFICIENCY LIST 2. Unit 1- MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring.-VARIOUS LOCATIONS 3. Unit 1- SPLC 34.10 (4), 3433 (3) - Provide a bathroom floor impervious to water. CAULK AROUND BOTTOM OF TOILET. 4. Unit 1- SPLC 3410 (5), 34.33 (4), 34.16 - Provide and maintain interior in a ciean and sanitary condition: There is dog feces own the kitchen floor and in the room where there are 8 puppies _ which appear to be more than 3 months old. Unit needs to be sanitary by November 14, 2008 at 09:0� A.M. . - 5. Unit 1- SPLC 34.10 (7), 34.33 (6) - Repair and maintain the walls in an approved manner.-Paint the wall. Patch the holes and/or cracks in the walls. Unit 1- SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Repair or replace the floor tile. KITCHEN Oq�b� 7. Unit 1- SPLC 34.10 (7), 3433 (6) - Repair and maintain the ceiling in an approved manner.-Paint the ceiling. Patch the holes and/or cracks in the ceiling. 8. Unit 1- SPLC 34.10 (7), 3433 (6) - Repair or replace and maintain the woodwork in an approved manner. � 9. Unit 1- SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or replace and maintain the plumbing fixture to an operational condirion.-Repair or replace and maintain an approved private toilet. This work may require a pemiit(s). Call LIEP at (651) 266-9090. SECURE TOILET TO FLOOR. 10. Unit 1- SPLC 34.13 (4) - Provide and maintain an approved escape window from each sleeping room. The minimum size must be�.7 square feet of glazed azea with a muumum of 24 inches of openable height and 20 inches of openable width. Refer to provide handout EW-1 for more information.- REMOVE ALL OBSTRUCTION THAT PREVENT EXITING THFZOUGH EGRESS WINDOW. BEDROOM SOUTH SIDE 14. Unit 1- SPLC - SEC 200.02 - LICENSED REQUIRED. No person shall own harbor keep or maintain in the City any dog over three (3) months of age without a license. All animals over the age of three months old in this house must be licensed: you will need to show the age of the 8 dogs housed in a room in the apartment 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, call me at 651-266-8983 between 7:30 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, James Thomas Fire Inspector Re£ # 107751 � � ;: ___ __._ _� "_ __...r' � ._ . _ . _ . ____—_ `-� j_.__—_ O ri � � � � � � � � � � O ■ � � �z � �� � _ 'I 1 �� 2 � " ' �t I" '�„'..=� � � z � i� � l i 1 �J �/ W � � � �/ a � I ■� a� � � � � � � / � ■ �� L O � V � . • � v V O � � � � � � O V ♦ � � � � � � L .. O � — � �� � � � � � ■� � r —_ � ■ � � � ■� � � � ,� � , � �� � � V O N � � O � � / � � � � �� '� -- � - -- -- - '------- -----�� �--- ----- � � .N � � .� 0 � I..L � N L / �W 1� ����� � • _ U �( W 1� tA � W � \/ W �/ / 0 � I�i� � .N L i �� , Y � � � .. J � � � � � � ---:� o-- N � 7 Q O p � U L � � I � � � U � � U � � N U � � �; 0 � �i r. -a � , � � s O� � p � � � W Y � �, d y � U _ � � c� CJ �- .� a a� m � i�+ � �I � N N O � L. � N ;� �, U O i � +' I-L , � y � N � � t U �, *' N O N � .N � > Q U � � O C � @ � � � C R� :� �� � � �o �� � �.� � ,, @o� U � N a'�,, •'�_ � C6 Q, � � � � N L � Y � � O � O � f . I ' N � l� � � V � O P � � � � �� � t � U =� T.% W d � ' � �„� '� � .� q Q C �;w 0 O � � � N �' ;� Q�.� � �; _.- -- --- Q � � L � Q C � � Q � � � V � � oa�oy MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, ABATEMENT ASSESSMENTS AND ABATEMENT ORDERS Thursday, November 25, 2008 Room 330 City Hall, 15 Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 135 p.m. STAFF PRESENT: Leanna Shaff, Department of Safety and Inspection (DS� - Fire and Mai Vang, City Council Offices Appeal of Larry Arman to a Certificate of Occupancy Deficiency List, which includes Condemnation, for property at 593 Cook Avenue East, Unit 1 Appellant Larry Arman appeared. Ms. Shaff presented a staff report. She said that her department had received a referral on August 11, 2008 far gas and elech shut-off at the property and that orders were issued on September 4. On October 1 the file was transferred to a certificate of occupancy. The inspectar was unable to gain access on October L The property was visited again on October 7 and correction orders were written. The full certificate of occupancy inspection was conducted on November 14 and a list of deficiencies was developed with a re-inspection date of December 8. She said that the issues included sanitation, dogs that were not contained, and blocked egress windows. Ms. Moermond asked Mr. Arman how long he had lived at the property. Mr. Arman responded that he had lived there on his own far a few months but had lived there with his girlfriend before that. He said that the electricity had been shut off after his girlfriend moved out because the service had been in her name and there was an outstanding bill; however, he had worked with Xcel to reduce the outstanding bill and that the power was back on. He said that when there had been puppies in the house, they'd been in a large room and the floar was covered with cardboard, newspaper and a tarp. He said that he had called the Police and Animal Control and that they had been at the property when the fire inspector had come for a follow-up. He had asked Animal Control to verify that the puppies were younger than three months and that there had been a total of 14 puppies from two litters in the house. He said that he was not numing an illegal breeding operation. He believed that his responsibilities on the deficiency list had been completed and that all that remained was caulking around the toilet and repair of the kitchen ceiling. Ms. Moermond asked Mr. Arman how he had ended up with two litters of puppies. Mr. Arman responded that one litter had been from his own dogs and that one had come from a neighbor whose female dog had died. He didn't have his dogs neutered because he was a dog lover and dog entrepreneur. He said that ever since the police had killed one of his dogs, he had been subj ect to harassment and that he hadn't lrnown that raising puppies was a problem but this experience had made him awaze of the laws. November 25, 2008 Legislative Hearing Minutes 593 Cook Avenue East Page 2 69'�% Ms. Moermond asked how many puppies were still at the property. Mr. Arman responded that he had found homes for all of the puppies. Ms. Moermond asked how the landlord felt about the puppies. Mr. Arman responded that the landlord had told him to comply with the orders. Ms. Moermond asked about his history with Animal Control. Mr. Arman said that he knew them well and had had some bad experiences. He said that the dogs were loose sometimes but that they were good dogs. Ms. Moermond asked how much the puppies would sell for and whether they'd been sold or temporarily placed. Mr. Arman stated that he had sold one puppy for $120, one for $175 and one for $200. He said that they could have been sold for more but that he wanted people "in the `hood" to be able to have nice dogs. Ms. Moermond asked where the female dog had had her other litters, and whether all of the puppies had been sold. Mr. Arman stated that there had been a total of four litters at three different addresses and that he had given a few puppies away but had sold most of them. Ms. Moermond asked how many puppies the female dog had had. Mr. Armand responded that the dog had had litters of six, nine, eight and eight puppies. He said that the original issue had been the number of puppies and that he had called the Police and Aniinal Control when the inspector had cited him for sanitation issues. He said that there were no sanitation issues and that the puppies were well-cared for. He said he felt that there might be underlying issues at the property that had caused the inspector to pursue the additional issues. Ms. Moermond stated that it appeared Mr. Arman had contact with Police and Animal Control about selling puppies at the current address and at a previous address. Mr. Arman responded that this was not the issue being addressed in the current situation. Ms. Moermond asked whether the landlord had taken care of any of the required corrections. Mr. Arman responded that the maintenance person had done some work but had not finished. Ms. Moermond asked whether the records indicated that the boiler or furnace had been serviced. Ms. Shaff responded that they did not. Ms. Moermond recessed the hearing to review the records. Ms. Moermond stated that, based on Mr. Aiman's track record, she was convinced that the problem would recur. Mr. Arman stated that if this was the deciding factor, he would have the female dog spayed. Ms. Moermond stated that there were two conditions for allowing Mr. Arman to stay at the property. She said that the property needed to pass a re-inspection; all life/safety and sanitary conditions items needed to be corrected; and that all three dogs be spayed or neutered by the beginning of 2009. Mr. Arman responded that he would not neuter the male dogs. Ms. Moermond asked whether the two male dogs were studs. Mr. Arman stated that they were but that he would get the female dog spayed and that he didn't have time to deal with the problems of more puppies. Ms. Moermond asked how soon an inspection could be scheduled. Ms. Shaff stated that an inspection could be scheduled next week, and she requested that the dogs be restrained during the inspection. November 25, 2008 Legislative Hearing Minutes 593 Cook Avenue East �qi(J� Page 3 Ms. Moermond stated that she would like to put a deadline on having the female dog spayed. Mr. Arman stated that money was an issue with the holidays coming and requested extra time. Ms. Moermond stated that it appeared that Mr. Arman was running a breeding operation and that his history indicated that he would probably continue. She requested that a re-inspection be done by December 4 and that if all items were corrected, she would recommend granting the appeaL ff they were not, she would recommend denial with a vacate date of December 31, 2008.