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09-1008Council File # Q 9— Green Sheet # 3074176 RESOLUTION Presented by OF � ,QINT P�, MINNESOTA � � 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 September 2, 2009 hereby memorializes its decision to certify and approve the August 18, 2009 decision of the Legislative Hearing Officer for the following address: 6 ADDRES5 8 974 Jackson Street 9 APELLANT Thomas G. Muellner, Sr. 10 Decision: Appeal denied and extension granted to August 20, 2009 to remove the exterior storage, to 11 remove the fence, and to demolish the gazage. 12 Requested by Depamnent oE � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: Adoption Certified by Counc'LSecretary BY� _____ ��/f� O�z� Approv y"Mayo" Date �✓' B �2� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ►G i)'. C� DepartmenUOfficelCouncil: Date Initiated: � � � � � - - co __�°�°°�,_ --- _ �S�-2«� Green �eet N{3:-38-7�6_.�__- ._ Conqct Person 8 Phone: Deoartment SeM 7o Person InitiaVDate Marcia Moertnond y � O°n� 0 6-8570 I ouncil De artment D'uector �� 2 " Clerk C5 Clerk Must Be on Council Agenda by (Date): Number 3 � For 4 0 Routing Doc. Type: RESOLUT{ON Qrder 5 0 E-Document Required: Y DocumentConWCt: MaiVang Contact Phone: 6-8563 ToWI # of Sigtwture Pages _(Clip All Lacations far Signature) AGtion Requested: Resolufion memorializing Ciry Council action taken September 2, 2009 denying the appeal and extension granted for proper[y at 974 Jackson SReet. Recrommendations: Approve (A} or Reject (R): Personal Service CorrtraMs Must Answer the Following Questions: Planning Commission 1. Has this person/firm everworked under a contrad for this department? CIB Committee Yes No CivilService Commission 2. Has this personlfirtn ever been a city empbyee? Yes No 3. Does Ynis person/firm possess a skilf not normaity possessetl by any current ciry employee? Yes No '} F�plain all yes answers on separate sheet and attach to green sheet. lnitiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: CostlRevenue Budgeted: Funding Source: Activity Number: Financial Information: (F�cplain) September 8, 2009 3:04 PM Page 1 09-1008 R �._. o. '; CITY OF SAINT PAUL � � ,.�;��I"'° ; " � a CITY CLERK'S OFFICE August 10, 2009 Thomas G. Muellner Sr. 1113 Ferndale St. N. Maplewood, MN 55119 RE: 974 Jackson St. Dear Mr. Muellner: Your application for an appeai has been received and processed. Please attend the pubiic hearing before the Legislative Hearing Officer on Tuesday, August 18, 2009 at 12:00 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing ��cerwill hear alf parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, `�'� � Shari Moore City Clerk cc: Joel Esling, DSI Code Enforcement Oificer Marcia Moermond, Legisiative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 4VEST KELLOGG BOIJLEVARD, SUITE 310 SAINT PAUI, MINNESOTA55102 Tel: 651-2668688 Fax: 651-266-8574 wwwstpassl.gov M Affirmative Acnon Equal Opportunity Employer I' 11: i ; � -��: � I��Re! AFPLICATION FOR APPEAI.� Saint Paul Ciry Clerk �CE�V�Q 15 W. Kellogg Blvd., 310 City Aall Saint Paul, Minnesota 55102 Telephone: (651) 266-8688 AUG 10 2009 CITY CLERK i. Address of Property being Appealed: 2. I3umber of Dwelling i3nits: 3. Date of I.etter Appeated: 9'7 T/�-�kso,�/ -� �- 7- �� 4. Name of Owner: ��l�S � /��/ �.L`YZ �� Address:��.� fL�% �" S/�/�City: ��,�State: /�r✓ i.ip:✓�'� Phone Numbers: Residence�� 'Z�66 5. Appellant / Applicant (if other than owner): Address: City: State: Zip: Phone I�iumbers: Business Residence Signature: Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary): 0 %� /f� /��S:ru.cr c� h� Il�C ifld�a�EG� ��/ 4i,�'L/��.tsq' G"N �� rro �tiJ d NOTB: A$25.00 filing fee made payable to the City of Saint Paul must accompany ttris application as a necessary condition for filing. You must attach a copy of the original orders and any other con�espondence relative to this appeal. Any person unsatisfied by the finai decision of the City Council may o6tain judicial review by tunely filing of an action as provided by law in District Court. For Office Use �nlv Date Received: � I r��o Nutnber. Bate of Hearing: �h�,�il• � � � �-°°n Fee Sq1NT 1'AU L � AAAl1 CITY OF SAINT PAUL DEPARTMENT OF SAFETY �D INSPECTIONS DIVISIOP�I.OF CODE �NFpRCEMENT 375 Jackson Street, Suite 220 Saint Paul, MN 55101-1806 SUMMARY ABATEMENT ORDER Aueust 06 2009 los ti n e � e a�a. Mai y �t) 09 - 22663I Yog hais tias koj hais ]us Hmoob thiab koj tsis to taub tsab ntawv no, hu tau tus txhais ]us ntawm (651) 266-8989. Nws yog pab dawb zwb.Si necessita un tnductor, por favor llamano§ al (651)266-8989. No costo. Thomas G Muellner Sr 1113 Femdale St N Maplewood MN 55113-3623 As owner or person(s) responsible for: 974 JACKSON ST you are hereby ordered to eliminate all nuisance conditions which are in violarion of Chapter 45 of Saint Paui Legislative Code � Remove improperly stored or accumulated refuse including: garbage, rubbish, discarded furniture, appliances, vehicle parts, scrap wood and metal, recycling materials, household items, building materials or rubble, tires, brush, etc., from yard areas. � Cut and remove tall grass, weeds and rank plant growth. � � � Remove and properly dispose of all animal feces from yard areas. IM117EDIATELY secure all buildings which are open to unautlaorized entry, including: UNDER PERMIT-DEMOLISH AND PROPERLY DISPOSEOF GARAGE AND CONTENTS. If you do not conect the nuisance or file an appeal before August 19, 2009, the City will correct the nuisance and charge all costs, including boarding costs, against the properry as a specia] assessment to be collected in the same way as property taxes. Chazees� If the City corrects the nuisance, the charges will include the cost of correc6on, inspection, travel time, equipment, etc. The rate wi11 be approximately $260.00 per hour plus expenses for abatement. You must maintain the premises in a clean condition and provide proper and adequate refuse storage at all times Fr�1��.U� TO CO MAY RESULT IN A CRIMINAL CI Issued by: Joel Essline Badge Number 322 Phone Number 651-266-1904 If you have any questions about this order, the requirements or the deadline, you should contact the Inspector listed above, Monday through Friday. Aooeals. You may appeai this order and obtain a hearing before the CiTy Council by deadliae noted above or seven (7) days after the date mailed, whichever comes Fi�t. Co�rection Order with vout aooea] annlication. application with the City Clerk before the appeat "WARNING Code inspection and enfotcement trips cost the taxpayers money. If the violations aze not corrected withi� ihe vme period required in this notice, the city's costs in conducting a reinspection after the due date for compliance will be collected from the ovmer rather than beutg pa�d by the Yacpayers of the ciry, If additiona] new violations aze discovered within the next foilowing 12 months, the city's costs in conducting additional inspechons at }}v same ]ocation within such 12 months will be collected from the owner rather ffiap being paid by the taxpayers ofthe c�ty. qny such future costs will be collected by assessment against ihe real properry and are in addilion to 2ny o[lle7 fmPS oL assessments which may be levied agains[ you and yovr property Sa2 p2 60158 5/09 i 1 , r � �G� ci� oF saINT rauL DEPARTMENT OF SAFETY AND INSPECTIONS DIVISION OF CODE ENFORCEMENT 375 Jackson Street, Suite 220 Saint Paul, MN 55101-1806 SUMMARY ABATEMENT ORDER Aueust 06. 2009 ��t�aa �te c Mail M ] y (init) 09 - 226631 Yog hais tias koj hais lus Hmoob thiab koj tsis to taub tsab ntawv no, hu rau tus txhais lus ntawm (651) 266-8989. Nws yog pab dawb zwb.Si necessita un traductor, por favor Ilamanos a1(651)266-8989. No costo. Thomas G Muellner Sr 1113 Femdale St N Maplewood MN 55113-3623 r � � - � � ;l, '- � �` ° •G � x n �' � �: � . F`'t: �f , i .}` , As owner or person(s) responsible for: 974 JACKSON ST you are hereby ordered to eliminate all nuisance conditions wiuch are in violafion of Chapter 45 of Saint Paul Legislative Code. � Remove 'vnproperly stared or accumulated refuse including: garbage, rubbish, discarded furniture, appliances, vehicle parts, scrap wood and metal, recycling materials, household items, building materials or rubble, flres, brus6, etc., from yard areas. ALL EXTERIOR STORAGE AND REFU5E. � � � � Cut and remove tall grass, weeds and rank plant growth. Remove and properly dispose of all animal feces from yard areas. IMMEDIATELY secure al! buildings which are open to unauthorized entry, including: SECiJit� ALL GAI2AGE OPENINGS (DOORS, WINDOWS ETC.) Other: REMOVE THE WOODEN FENCE THAT WAS ERECTED WITHOUT A PERMIT. If you do not correct the nuisance or file an appeal before August 12, 2009, the City will correct the nuisance and chazge all costs, including boarding costs, against the property as a special assessment to be collected in the same way as proper[y taxes. Charses: If the City corrects the nuisance, the charges will include the wst of correction, inspection, travel time, equipment, etc. The rate will be approximately $260.00 per hour plus expenses for abatement. `�'ou must maintain the premises in a clean condition and provide proper and adequate refuse storage at all times FAILURE TO COMPLY MAY RESULT IN A CRIMINAL CITATION Issued by: Joel Essline &adge Number 322 Phone Number 651-266-1904 If you have any questions about this order, the requirements or the deadline, you should j contact the Inspector listed above, Monday through Friday. I , Appeals: You may appea] Uus order and obtain a hearing before fhe CiTy Council by compleUng au appeal application wifh the CiTy Clerk deadline noted above or seven (7) days aftec the date mailed, whichever comes first. No arooeals mav be filed a$er that date You mav ob1 Conection Order with vour arooeal a�plicarion. *WARNING Code inspection and enforcement trips cost the taxpayers money. If the violations are not corzected within the time period requued in this ❑otice, the city's costs in conducting a reutspechon after the due date for compiiance will be collected from ihe owner rather than being paid by the tatipayers of the c�ty If addidonal new violations are discovered within the n�[ foliowing 12 months, fhe c3ty's costs in conducting additional inspections at tlus same location within such 12 months will be collected from the owner rather than being paid by the taxpayers of tl�e city. Any such future cosu will be collected by assessment against the rea] property and aze in addition to any other Fmes or assessments which may be levied against you and your property. / ��(�a2�2 6��5/09 09-1008 DEPARTMENTOFSAFE7Y AND INSPECTIONS Bob Kessler, Arector CITY OF SAINT PAiIL Christopher B. Coleman, Mayor August 5, 2009 Thomas G. Mueliner Sr. 1113 Ferndale St N Maplewood, MN 55113-3623 RE: 974 Jackson Street, St Paul, Minnesota Mr. Mueffner: 375 Jackson Street, Su�te 220 SaintPaul, M�nnesom 55101-1806 f� ! � 6T '' } Telephane: 651-266-9Q90 Facsimde. 651-266-9124 Web: ialvws[pauLew/dst `� �8�� `�� ii � A complaint has been received regarding the above referenced address. This property is located in an RT1 Two Family Residential zoning district. Based on information received from a Property Code Enforcement inspection, this garage is currently being used as rentai storage and a scrapping business. The current use of the garage as a storage facility with a scrapping business is illegal in this residential zoning district. A report issued by the St Paul Police Department stated the garage is being used as a dwelling unit. The Minnesota State Residential Code, Chapter 1309, defines a dwelling unit as "permanent provisions for living, sleeping, eating, cooking and sanitation" MSRC'1300-0220 states "No building or structure shaff be used or occupied and no change in the existing occupancy classification of a building, structure, or portion of a building or structure shall be made until the building official has issued a certificate of occupancy for the buifding or structure under this part.' There are no permits or a certificate of occupancy issued for residential use at this garage. The use as a dwelling unit, rental storage and recycling/scrapping business must cease and desist by August 10, 2009. Failure to comply with this order or repeat violations will result in further legal action by this office, including criminal citations to alt responsible parties and potential summary abatement proceedings. On May 1, 2007 a building permit was issued to demolish the dwelling located ora this parcel. At the time the permit was processed, the assumption was that a new residential structure would be built on the site within a year thereby leaving the garage. A garage is considered accessory to the residential use; once the residec�tial use is removed the garage may not be used. As two years have passed and no application for new residential construction has been filed for the site, all uses of the garage shall cease immediately. Please contact me with your intentions as to the use of the property. Within the past year, a solid fence approximately eight (8) feet tall was erected on the site without the required permit. You must either remove this fence or obtain an approved fence permit frorra this office. If you have any questions, please contact me at 651.266.9084 or kare�.zacho@ci.stpauf.mn.us. Yours truly, , , . - Karen Zacho �� Zoning - City of St. Paul c James Bioom, Building Official �'� ��j Steve Magner, Property Code Enforcement / Edward Odonnell, St Paul Police Dept. Virgil ?homas, Area Building Inspector You may appeal this order and obtain a heanng before the Board of Zoning Appeals. The application for an appeal must be filed and the fee submitted to the Zoning Administrator within ten (10) days of the date this order was mailed. No appeal may be filed after that date. Applications are available at the Department of Safety and Inspections main office or the City of St Paul website at v�tvw.stoaul.aov. An Equal OpporhaniTy Bmployer i ina�os CTTY OF S11IN'I' PAUL Christopker B. Cofeman, Mayor AUgI1SY I, 2009 09-1008 DEPARI'MENT OF SAFEIY AND INSPECTIONS Richard Lippw'f, Mwager of Code Enforcement 375 Jackson Stree[, Sufte 220 Te7ephone: 651-266-8989 SaintPau{�'S5101-1806 Facsimile:651-266-19l9 P✓eb: wwwstpaul.eov/dsi NOTICE OF CONDEMNATION AS UNFIT FOR HUMAN HABITATION AND ORDER TO VACATE Thomas G Muellner Sr 1113 Ferndale St N Maplewood NIN 55113-3623 Dear Sir or Madam: The Deparhnent of Safety and Inspections, Division of Code Enforcement, has determined that the garage and premises at 974 JACKSON ST is "Unfit for Human Habitation". In accordance with Saint Paul Legislative Code, Chapter 34, Section 23, the premises will be placarded on August 7, 2009 and ordered vacated no later than Augast 7, 2009. Your attenrion is called to the following provisions of Seetion 34.23, Subsection 6 entitled, "Vacation of Structure or Unit": "Any residentiai 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 structure or unit after the date set forth in the placard andlor norice." THIS DWELLING SHALL NOT AGAIN BE USED FOR HUMAN HABITATION UNTIL WRITTEN APPROVAL IS SECURED FROM THE CFTY OF SAINT PAUL; DEPARTMENT OF SAFETY AND INSPECTIONS, DIVISION OF CODE ENFORCEMENT Princinle Violations: These deficiencies must be corrected before this condemnation and vacate order will be removed. LACK OF BASIC FACILITIES. 1. Lack of water service. 2. lack of hot water. 3. Lack of approved electrical system. o �/�i�� 1' 11; 4. Lack of approved hearing system 5. Lack of sewage disposal system. 6. Lack of operable smoke detector. OCCUPIED CONTRARY TO LAW 7. Lacks Certificate of Occupancy. Accessory structure. Other Violations: 'I'hese deficiencies must be corrected in order to bring this properiy into compliance with the Saint Paul L,egislarive Code. tTNLICENSED BUSINESS. There is an unlicensed scrap business operating on the premises. 9. SANITATION: Improperly stored or accumulated refuse including; garbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, tires, etc., from yard. The Saint Paul Legislarive Code requires all eacterior property areas to be maintained in a clean and sanitary condition. Usable materials must be stored in an approved manner, so as not to constitute a nuisance. 10. GARBAGE AND RUBBISH STORAGE AND REMOVAL: lack of approved containers with fight fitting covers. These containers must be of sufficient quantity and capacity to contain the rubbish and garbage from the unit(s). No rubbish or gazbage may be stored outside in plastic bags. Weekly garbage and rubbish removal service is required. It is the pronertv owner's responsibilitv to provide containers and removal service. The Saint Paul Legislative Code requires occupants to properly dispose of garbage and rubbish by placing it in approved containers. Authorization to reoccupy this/these dwelling unit(s) will not be given unril 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 welfaze of the occupants of this building. All repairs and new installations must be made in accordance with the appropriate codes. Permit information may be obtained from the Building Inspection and Design Sectaon, 375 Jackson Street, Suite 220, (651) 266-8989. You may file an appeal to this norice by contacting the City Clerk's Office at (651) 266-8688. Any appeal must be made in writing 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 concerning this matter, please contact the Inspector, Joel EssTing, at 651-266-1904. To arrange an appointment or request an extension of time to complete repairs, you will need to speak directly to the insgector. �1�� \\willie\Amanda\DSI-COde\Templates\uhh.dot AA-ADA,F.FOFmnln�.. 1' 11: Sincerely, RICHARD LIPPERT Manager of Code Enforcement je a Community Stabilizarion Project HALO - Southern Minnesota Regional Legal Services ��°U � . z � j a '"` +?G�'. « �S „T' � n . a �..x . � �. ��. .� � `�,: � _ _ ;;g..5 s � `� . .. ... . . . ' fF � , . . � �; . �' • � ' � I ...._� � r � ��, :�� a., ,. LL � 9( °,"�:� '` ��- } _ z.c; � . , r .. .. � �3' _ �,�o �. . _F `� . �€� ^.M..✓ 'rc� 'S F � � hb-_ ". �' S 1 t . M �� +T � �k�� x � �`aiF_�� . . . r �` n �,r�:-. �, ,�, . : - - y ,�. _ 1 �+�' � t ' . �� _ - .. '� .. . , . � h : -� d Yx ' . . . .. .-F :...�• �. 04-1008 Date: August 07, 2009 File #: 09 - 226631 Folder Name: 974 JACKSON ST HP District: Property Name: Survey Info: PIN: 302922130097 09-1008 Date: August 07, 2009 File #: 09 - 226631 Folder Name: 974 JACKSON 5T HP District: Property Name: Survey Info: � : = - - .r�-M;--'�=�' : %=i . PIN: 302922130097 I` 11: Date: File #: Folder Name: PIN: August 07, 2009 09 - 226631 974 JACKSON 5T 302922130047 HP District: Properiy Name: Survey Info: 09-1008 Date: August 07, 2009 FIP District: F�1e #: 09 - 226631 Property Name: Folder Name: 974 JACKSON ST Snrvey Info: PIN: 302922130097 1' 11: Date: August 10, 2009 FIP District: File #: 09 - 226631 Property Name: Folder Name: 974 JACI{SON ST $urvey Infu; PIN: 302922130097 09-1008 Date: File #: Folder Name: August 10, 2009 09 - 226631 974 JACKSON ST HP District: Property I�ame: Survey Infa: PIN: 302922130097 x� , �� . _ - � .�� - • ;X � , f:.'�° � �� : * � � /�� .*� , � . j = �� s��; s � � = a _# � + 9}(' �iY 4 �,^� �J� ✓` Ci"�' �.� �. 2 �',� °'"�.�-`Y5 X '� �.�� y #.- t �'�?F ' �a.ss5ti'.._ � � . 4N`4.2e�-me<3.�1v�v' .v°fi- ,�, � � x � �� x£d � � . f F � / � taF � 4 4 � � Y' �� x s � Ir _.�. < � : � y . c y i � p� , �� . .�, ° �� . �r "� � �. ° , � �:1 p 's_ s -� _ } �� ,i'. � \ A � ✓ Y V � � s,s ' � i ' J J � i � tU/ U� 4- �' _.�...�V, � I' 11: Date: File #: Folder Name: August 10, 2009 09 - 226631 9�4 JACKSON ST HP District: Property Name: Survey Info: PIN: 302922130097 09-1008 Date: August 10, 2009 HP District: File #: 09 - 226631 Property Name: Folder Name: 974 JACKSON ST Survey Info: PIN: 302922130097 09-1008 Date: August 10, 2009 I3P District: File #: 09 - 226631 Property Name: Folder Name: 974 JACKSON ST Survey Info: PIN: 302922130097 09-1008 Date: August 10, 2009 HP District: File #: 09 - 226631 Property Name: Folder Name: 974 JACKSON ST Survey Info: PIN: 302922130097 09-1008 Date: August 10, 2009 File #: 09 - 226631 Folder Name: 974 JACKSON ST HP District; Property Name: Survey Info: PIN: 302922130097 1' 11: � Date: August 10, 2009 FIP District: File #: 09 - 226631 Property Name: Folder Name: 974 JACKSON ST Survey Info: PIN: 302922130097 ti■ �� , ��. i � � , +` n . �=" _;. ,� i �� ..1� ' �',�' �� w �� 4. � F:4\< - . , . .�.��... `4� 1 a. 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' y � . b�v'• -�}"-,�.a1� F Y "+.x 1 � f�� "]�.f � ,ts'��-k� k: � � .. � � � ` �� _` , ., �� _ f---�� .�=� t-, ,. � �:. � >- , =r, �� : o9-ioos - _� �� ; t ,t - -�- - — - �r� � _ l 'fA !� _ _ - ) .. ____ Date: August 10, 2009 HP District: File #: 09 - 226631 Property Name: Folder Name: 974 JACKSON ST Survey Info: _ PIN: 302922130097 1' 113 Date: August 10, 2009 File #: 09 - 226631 Folder Name: 974 JACKSON ST HP District: Property Name: Survey Info: PIN: 302922130097 09-1008 Date: August 10, 2009 File #: 09 - 226631 Folder Name: 974 JACKSON ST HP District: Property Name: Survey Info: PIN: 302922130097 09-1008 Date: August 10, 2009 File #: 09 - 226631 Folder Name: 974 JACKSON ST HP District: Property Name: Survey Info: PIN: 302922130097 r �� i Date: August 10, 2009 File #: 09 - 226631 Fotder Name: 974 JACKSON ST HP District: Property Name: Survey Infu: PIN: 302922130097 09-1008 Date: File #: Folder Name: August 10, 2009 09 - 226631 974 JACKSON ST AP District: Property Name: Survey Info: PIN: 302922130097 1' 11:; Date: August 10, 2009 File #: 09 - 226631 Folder Name: 974 JACKSON ST HP District: Property Name: 5urvey Info: PIN: 302922130097 09-1008 Date: File #: Folder Name: August 10, 2009 09 - 226631 974 JACKSON ST HP DistriM: Property Name: Survey Info: PIN: 302922130097 o9-ioos Date: August 10, 2009 FiP District: File #: 09 - 226631 Property Name: Folder Name: 974 JACKSON ST Survey Info: PIN: 302922130097 1' 11: Date: August 10, 2009 HP District: Fiie #: 09 - 226631 Property Name: Folder Name: 974 JACKSON ST Survey Info: PIN: 302922130097 09-1008 August 18, 2009 Legislative Hearing Minutes Page 8 4. Appeal of Thomas Muellner to a Notice of Condemnation and Order to Vacate, a Smmnary Abatement Order to demolish the gazage, and a Summary Abatement Order to- remove the fence and remove all exterior storage and refuse from property at 974 7ackson Street. Thomas Muellner, property owner, stated that he did not have any objections to the orders; however, he needed additional rime for the tenant to remove his belongings as he did not want to have a large assessment if the City did all of the work. Ms. Moermond asked Mr. Essling for a staff report. Mr. Essling stated that he inspected the property on August 6, 2009 on a complaint that a generator was being used for power and issued two suumiary abatement orders and a condemnation order for the garage. He issued the summary abatement order to remove the exterior storage as the tenant was using the yard for an unlicensed scrapping business and to demolish the fence as the fence had been erected without a permit. He condemned the garage as it was being illegally occupied and ordered it be demolished as well although the tenant had denied him access to the garage at the time of the initial inspection. He said the house had been demolished in May 2007 by the owner after a fire destroyed it which occurred in January or February 2007. He said the garage was a non-conforming use under the zoning code since it would be considered an accessory structure; however, it wasn't an accessory use since the house had been demolished. Typically when the city ordered a house demolished, any accessory structure was also demolished at the same time due to the zoning code. He said he was called back to the property the evening of August 6 by the St. Paul Police who towed a vehicle from the property and found five people and a dog in the garage. He said the garage was set up as a living space; however, it lacked basic facilities. He then issued an emergency boarding order and called the boarding contractor who came out and boazded up the garage. The tenant called his supervisor, Mr. Magner, the following day and requested additional time to remove his belongings from the garage. Mr. Magner gave him until August 10 and told the tenant he needed contact him to gain access to the garage. He said as of this date, the tenant had not contacted him to gain access to the garage to collect his belongings. He presented photographs of the property. Mr. Muellner stated that the property was inspected in June and Inspector Robinson indicated to him that everything was fine. He now was told he had four days to get everything done. Mr. Essling responded that he had talked to Inspector Robinson who told him that the tenant, James Therber, had assured him he was not living in the garage. The inspector was attempting to work with the tenant and then the file was transferred to him. Mr. Muellner stated that he would like an additional 10 days to be able to work with his tenant, James, to remove his items from the yard and the garage. He said he believed James would cooperate and was fearful that if he removed James' items without his permission, James would sue him. He said he had several rental properties and had first-hand experience with judges awarding tenants grandiose amounts of money for items he had removed without the tenants' permission. He also did not want to begin the eviction process to remove James as it was a timely and costly process. He said he would like to keep the garage as he wanted to rebuild a house on the property some day. However, at this point in time, he did not have any definitive plans to rebuild given the decline of the neighborhood. He said he did maintain the yard and hired the neighbor to mow the lawn. Ms. Moermond asked how long he had been renting the garage to James. Mr. Muellner responded that he believed it had been approximately a year and that he charged $55 per month. He said 09-1008 August 18, 2009 Legislative Hearing Minutes Page 9 everytl�ing was fine at the begnning and James got along very well with the neighbor, Lisa. He — said something must have happened between the two of them that Lisa and 3ames were no lo�ger on friendly terms and he believed she was the neighbor who complained. Mr. Essling responded that there were several other complainants conceming the conditions at the property. Ms. Moermond asked how the garage had been used before he rented it to James and what he intended to do with the garage after 7ames left. Mr. Muellner responded that the garage had been vacant and he did not intend to rent out the garage again but instead would like to store his pick-up truck in the garage. He expressed concem with the cost if the City were to do the demolition. Mr. Essling responded that he had received a bid of $1,500 to remove the garage. Ms. Moermond stated that since the gazage violated the zoning code since it was not an accessory structure to a house, she recommended denying the appeal and granting an extension to August 20, 2009 to remove the contents of the garage and to proceed with demolition. Since the fence had been erected without a permit, she recommended denying the appeal and granting an extension to August 20, 2009 to remove the fence. She also recommended denying the appeal on the exterior storage of the contents in the yard and granted an extension to August 20, 2009 to remove all items in the yard. She said a work order could then be issued on Friday, August 21, 2009 which essentially gave until Monday, August 24, 2009 to remove whatever items were in the garage and in the yard before the City would go out and do the work. Mr. Muellner responded that in considering his options, he would agree to have the City proceed with the orders.