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09-1009Council File # d Green Sheet # 307 177 Presented by RESOLUTION SAINT PAUL, MINNESOTA a 1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing recard and testimony heazd at public hearing on September 2, 2009 hereby memorializes its 3 decision to certify and approve the August 18, 2009 decision of the Legislative Hearing Officer for the 4 following address: 5 6 ADDRESS APELLANT 7 8 690 Lawson Avenue East Regina Rippel 9 10 Decision: Appeal denied and extension granted to September 11, 20Q9 far all items on the Deficiency 11 List. 12 Carter Bosfrom Harris Yeas Absent Requested by Department of: � Form Approved by City Attomey By: Adopted by Council: Date CJ Adoption Certified b Counc'� Secreta.ry B // ' r Approve b yor: Date g Zj BY: `—�e�� —�� Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet h�l-I DD�( � DepartmentlOfficeJCouncil: Date tnitiated: � � � �����_ - - -- - fl8$�� �� - - -�eer� SMee� �t�: 3479-� X7 ------ Contact Person & Phone: Deoartment Sent To Person InkiaVDate Marcia Moermond o oonci� � 6-8570 I ouncfl De artmentDirector ��9° 2 " Clerk Ci Clerk Must Be on Council Agenda by (Date�: Number 3 � Fo. 4 O Routing Doc.7ype: RESOLUTION Order 5 0 E-Document Required; Y Document Contact: Mai Vang ConWCt Phone: G8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution memorializing City Council action taken September 2, 2009 denying the appeal and ex[ension granted for property at 690 Lawson Avenue East. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answ¢r the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this depaAment? CIB Commiriee 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 current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. lnifiating Problem, lssues, Oppodunity (Who, What, When, Where, Why): Advantages lf Approved: DisadvanWges If Appro�ed: Disadvantages If No1 Approved: Total Amount of Transaction: CostlRevenue Budgeted: Funding Source: Activfty Number: Financial Information: (Explain) September 8, 2009 3:06 PM Page 1 4 O G i III1 � ,Dp � August 3, 2009 Regina Rippel 1083 Bush Ave. St. Paul, MN 55106 RE: 690 Lawson Ave. E. Dear Ms. Rippel: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. o�-�ar� Please attend the public hearing before the Legislative Hearing Officer on Tuesday, August 18, 2009 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. Atthattime the Legislative Hearing Officerwill hear a11 parties refat+ve to th+s action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, .x�� G��Z J � �-f� Shari Moore City Clerk CC: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legisfative Hearing O�cer Jerry Hendrickson, Deputy City Attomey 15 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUI, MINNESOTA55102 Tel: 651-266-8688 Fu: 651-2668574 wwwstpassl.gov M Affirtnatrve Action Equal OpportumTy Employer : ����f .� �����: APPLICA.'I'ION `FOR APPEAL ' SzintPauICityClerk 15 W. TCellogg Blvd., 310 Ciy Hall Saint Paui, Minnesoia 55102 Telepnone:(551)266-8688 oy—�oa� q �oCF��� cf ��'r., � l. address of Properry being Appeale�: 2. Number of Dwelliug U*iifis: 3. Date of Letter Appealed: (��j � (..� �w � � � Z �7f �� ��' 9 - - 4. Narne of Owner: � � � � �� �� c , ,�.� � � Address: � lG. ��SOf� �City: ��i � �1 V\' 2ig: Phone Numbers: Business Residence i�� �� �' ����ellular �Q � � � Signature: �In ='`�- Q�,/1j�c�i �� 5. .�ppellant / Appl�eant (if 6ther than owner): . - � Adckess: City: State: Zip: Phone Nu�bers: Business Residence Cellular Signature: 5 State speci€�cally �that i5 being appealed anz3 w�y {ITse au attachment if necessary): � � � � �1 � ��C'iT t � e� � � � -�� s.�'� I r.� �'�' fz� 6� � l l��y _ � �� � Dwe.Pat�-' dc� `P�� ��r�c�� NflTE: !� $25.00 filing fee made payable to the City of Saint Paul must accompany tlus application as a necessarq condition €or. filing. You must atfach a copy of the originai orders and anq othar eorrespondence reiative to this appeal, Any person unsatisfied by the fuial deczsio� of the City Council may obtain judicial reviewby timeiy filing of an action as provided by law in pistrict Coart Foz O�fice Use Only t � Daze RecEived: Fee I�eceived: � Receipt 1�Inmber Date of Hearing: ��`� V �lQd d ' �� I ' �� Revised 411St20(Y7 DEPARTMENTSAFETY AND INSPECTIONS Fire Inspection Division RobertKess[er, Direczor tp�I/�O/iJ U / U "1 CITY OF SAINT PAUL Chrisfopher B. Coleman, Maya> July 22, 2009 REGINA RIPPEL 1083 BUSH AVE ST PAUL MN 55106-3901 RE: REFERRAL 690 LAWSON AVE E Ref. # 113797 Deaz Property Representative: 375JacksonSlreet,Suite220 Telephane.651-266-9090 SaintPaut. M7J55701-I806 Fax b.i1-266-8951 An inspection was made of your building on July 22, 2009 in response to a referraL You are hereby notified that the following deficiency list must be corrected immediately. A reinspection will be made on Aueust 21, 2009 at 11:OOam. Failure to comply may resuit in a criminai citation or revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building shall be occupied without a Fire Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. DEFICIENCY LIST 2. G� � basement support beams - SPLC 34.09 (1) a, 3432 (1) a- Provide and maintain foundation elements to adequately support this building at all points.-Basement supports and shuctural elements must be repaired to code or provide a structural engineers report as proof of structural stability. exterior - SPLC 71.01 - Provide address numbers on building per attached HN-1 handout.-Provide reflective address numbers on the garage that are clearly visible from the alley. exterior - SPLC 34.08 (7) - All parking spaces shall be paved with asphalt, concrete, or durable dustless surfacing. Before any exis6ng spaces may be paved, site plan approval must be obtained as specified in the St. Pau1 Zoning Code. Contact DSI Zoning at 651-266-9090: Parking area class 5 must be re- dressed to fill in low azeas and areas with grow-through in an approved manner. exterior - SPLC 34.Q9 (2) 34.32 (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.-Provide an approved handrail on front steps leading to public sidewalk. exterior - SPLC 34.09 (3}, 3432 (3) - Repair and maintain the window sash.-Provide an approved hold- open device on all windows, such as a sash cord or sash clip. 6. exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window frame. 7. exterior - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screens.-On all exterior openable windows. 69 � / � 0 /,� �� 8. exterior gazage - SPLC 34.08 (5), 3431 (3) - Repair, replace and maintain ail exterior surfaces on fences, sheds, garages and other accessory structutes free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements.-Repair and maintain the garage doors in a workmanlike condition. 9. extezior house - 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.-Scrape and paint all exterior surfaces in an approved manner. 10. front porch - SPLC 34.09 (1) b,c, 3432 (1) b,c - 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.-Remove all damaged, rotted, or deteriorated wood. Repair and repaint in an approved manner. 11. interior - SPLC 3410 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide documentation of extermination.-Contact a licensed exterminator to exterminate throughout for rodents. Provide documentation to this office as proof of compliance. 12. interior basement - SPLC 34.10 (2), 3433 - Repair and maintain the damaged structural member. This repair will require a building permit, ca11 ASI at (651) 266-9090.-Basement supports and stnxctural elements must be repaired to code or provide a structural engineers report as proof of sriuctural stability. 13. interior basement - UMC 504.6 - Provide, repair or replace the dryer exhaust duct. Exhaust ducts for domestic clothes dryers shall be constructed of inetal and shall have a smooth interior finish. 'I'he exhaust duct shall be a minimum nominal size of four inches (102 mm) in diameter. The entire exhaust system sha11 be supported and secured in place. 14. interior basement - MSFC 605.6 - Provide electrical cover plates to all outlets, switches and junction boxes where missing.-Provide cover plates to all open electrical wiring in basement. I 5. interior basement - MMC 1006 - Provide properly sized and piped relief valve. This work will require a permit(s). Call DSI at (651) 266-9090.-Provide an approved relief pipe on the water heater within 18 inches ofthe floor. 16. interior basement dryer - UMC 2213 ( fl- Install proper hangers and support for the gas piping in compliance with the mechanical code.-Contact a licensed contractor to install supports on the gas line to code. Work must be done under permit and approved, 17. interior lower unit - MSFC b051 - Remove unapproved exposed wiring and install in accordance with the electrical code. This work will require a permit(s). Call DSI at (651) 266-9090.-Romex wiring within 6 feet of floor must be covered or in an approved raceway in utility closet above basement stairs. 18. interior lower unit - MSFC 1011.2 - Remove the materials that cause an exit obstruction. Maintain a clear and unobstructed exitway.-Remove all materials blocking the width of required egress windows in bedrooms. 19. interior lower unit - SPLC 34.10 (7), 3433 (6) - Repair and maintain the kitchen cabinets in an approved manner. 20. interior lower unit - MN Stat. 299F362 - Immediately provide and maintain a smoke detector located outside each sleeping azea.-Replace missing smoke detector in bedroom. D �� (D � y 21, interior lower unit - SPLC 34.09 (3) i- Provide and maintain an approved one-inch throw single cytinder deadboltlock. 22. interior lower unit - MN State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alarm in a location within ten (10) feet of each sleeping azea. Installation shall be in accordance with manufacturers instructions. 23. throughout - SPLC 34.19 - Provide access to ihe inspector to all areas of the building.-Provide access throughout the building for a Certificate of Occupancy inspection. You have the right to appeal these orders to the Legislative Heazing Officer. Applications for appeals may be obtained at the Office of the City Clerk, 310 City Hall, City/County Courthouse, 15 W Kellogg Blvd, Saint Paul MN 55102 Phone: (651-266-8688) and must be filed within 10 days of the date of the original orders. If you have any questions, please contact me at 651-266-8990 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, Michael Urmann Fire Inspector Email: mike.urmann@ci.stpaul.mn.us Ref. # 113797 AA-ADA-EEO Employer August 18, 2009 Property Code Minutes 6 y � 60�i Page Z � 1. Appeal of Regina Rippel to a Certificate of Occupancy Deficiency List for property at 694 Lawson Avenue East Appellant Regina Rippel appeared. Ms. Moermond refened to the appeal form which indicated that Ms. Rippel did not beleive her property should be subject to Fire C of O inspections because it was owner-occupied. Ms. Moermond asked how the inspection had been initiated. Ms. Rippel responded that she received a referral letter and that the inspector had visited the property and been given access by the tenant who had been out in the yard. Ms. Shaff gave a staff report. She stated that Inspector Urmann had visited the property in response to a July 20 complaint about mold, and had been granted access by the tenant and found multiple issues. She said deparhnent records going back to the last C of O, showed that Ms. Rippel said she lived at 690 Lawson, but county records indicated that Ms. Rippel resided at 1083 Bush. Ms. Shaff stated that the Assistant Fire Marshal had taken Ms. Rippel at her word that she lived at the Lawson address and had closed the C of O file on June 23, 2009, but Inspector Urmann had been told by the tenants that Ms. Rippel lived on Bush. Ms. Moermond asked Ms. Shaff whether Ms. Rippel had been made aware of the inspection. Ms. Shaff stated that a letter had been sent to Ms. Rippel. Ms. Moermond said there was confusing information about where Ms. Rippel resided; she asked for clarification. Ms. Rippel stated that she lived in a triplex on Bush for 12 years and had wanted to cut back and have a smaller place. She said she had purchased the property on Lawson after making sure it would not be subject to Fire C of O inspections and could be used as an owner- occupied duplex. She said she thought she could have two residences at once and didn't know she had to physicaliy live at the property for it to be owner-occupied. She said the Lawson house was not livable at first and she hadn't worked on it for the first half-year because she was attending school. She had cleaned up the lower level in February and a tenant had moved in in March, and she had put the Bush house up for sale and had been working on the upstairs of the Lawson house. In May, she had received a notice of a fee from the Fire Safety Department, and, through conespondence with the Assistant Fire Marshal, had learned she had to physically live at the address for it to be owner-occupied. She said she had moved over to the Lawson address as quickly as she could and now lived there full time. She said her mail was being forwarded and she had applied for homesteader status. She provided documentation. Ms Moermond stated that she would be willing to agree that Ms. Rippel was now an owner- occupant if she could provide documentation, but that the orders had been issued and were valid, and the tenant had a right to clean, safe housing. She said none of the orders were specific to properties in the Fire C of O program, and that Fire Safety would forward the file to Code Enforcement when Ms. Rippel produced poof of homesteading. She said it was perfectly legitimate for a letter to be sent and an inspection conducted in response to a complaint. Ms. Rippel said she was not notified in advance of the inspection. Ms. Shaff stated that in the case of a complaint, the inspection is conducted right away and the letter sent afterword. August 18, 2009 Property Code Minutes �� IOD � Page 3 Ms Rippel noted that there was nothing about mold in the inspector's report. She said she should have been norified and allowed to be present, and that the tenant was a young woman and had felt intunidated. She said Inspector Urmann had told her he had not realized it was an owner-occupied property until after writing the inspection report. Ms. Moermond stated that it was the city's responsibility to respond to a complaint whether a property was owner-occupied or not. She said the inspector had gained access and found significant exterior and interior issues. She recommended denying the appeal and refened the file to Code Enforcement upon proof of owner-occupancy. She said that if proof of owner-occupancy was provided, the property would not be in a routine inspection program, but that the existing orders were legitimate and were not being appealed. Ms. Rippel stated that she was appealing those orders that required work to be done under permit because she did not have the financial capacity. She said she had done a number of things already and did not dispute that work neededto be done. She wanted to be out of the whole system with the Fire Marshal and wanted to be able to get the work done without having to get a permit. Ms. Moermond said she was not empowered to do that and noted there were three items which would require a permit or site plan review: unpaved land being used for parking, damaged structural member in the basement, and unapproved exposed wiring. Ms. Rippel asked why a building permit was required to have wiring enclosed. Ms. Shaff said it was state law. Ms. Rippel said she could park where she wanted at her owner-occupied residence. Ms. Moermond said the code requiring an appropriate surface applied to owner-occupied properties as well. Ms. Moermond and Ms. Rippel confirmed that the existing arders would stand and be transferred to Code Enforcement, but the property would not be subject to subsequent inspections. Ms. Shaff reiterated the need for proof of where Ms. Rippel was residing and said she had questions about the status of the Bush property. Ms. Rippel said she had a copy of the homestead applications and mail forwarding form. She asked what the time frame was for completing the conections and said she would need time to have the painting done. Ms. Moermond stated that the homesteading application was a start but not adequate. She confirmed with Ms. Ripple that some of the items had been completed and recommended an extension to September ll for all remaining items. She said she would set the matter for a City Council public hearing on September 2 if Ms. Ripple was not satisfied with her decision.