09-1152Council File #__6Z� 6
Green Sheet# 308349
RESOLUTION
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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 heard at public hearing on October 7, 2009 hereby memorializes its decision
3 to certify and approve the September 22, 2009 decision of the Legislative Hearing Officer for the following
4 address:
5
6 ADDRESS APELLANT
7
8 1065 Hatch Avenue Sandra Wallace
9
10 Decision: Appeal denied and extension granted to October 6 to vacate the property.
Carter
Bostrom
Stark
Thune
Adopted by Council: Date
Yeas
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✓
Adoption Certified by Council ecreYary
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Appro� or: Date D �� (/
By:
Requested by Department of:
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Form Approved by City Attomey
By:
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Departmentl0ffice/COU�cil: Date Initiated:
co_��°°°�� o9o�T2oo9 Green Sheet NO: 3083496 „
Contact Person 8 Phone: Deoartment Sent To Person InkiaUDate
Marcia Moertnond y o ooncil �
6-8570 1 onncil De artment D'uector
Assign 2 ' Clerk CY Cluk
Must Be on Councit Agenda by (Date): Number 3 0
For 4 0
Routing
Doc. Type: RESOLUTION Order 5 �
E-Document Required: Y
Document Contact: Mai Vang
Contac[ Phone: 6-8563
Total # of Signature Pages _(Clip All LoGations for Signature)
Action Requested:
Resolution memorializing City Council action taken October 7, 2009 denying the appeal and extension granted for properry at 1065
Hatch Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this personlfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirm ever heen a ciry employeel
Yes No
3. Does this person/firm possess a skill not normally possessed by any
currenf Gity emplayee?
Yes No
Explain all yes answers on 5eparate sheet and attach to green sheet.
Initiating Problem, Issues, Opportun7ty (1Nho, What, When, Where, Why):
AdvanWges ItApproved:
Disadvantages If Approved:
DisadvanWges If Not Approved:
Total Amount oF
TrensaCtion: CosURevenue Budgeted:
Funding Source: Activiry Number:
Fi nancial I nformation:
iExplain)
October 9, 2009 1:50 PM Page 1
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September 18, 2009
Sandra Wallace
1065 Hatch Ave.
St. Paul, MN 55103
RE: 1065 Hatch Ave
Dear Ms. Wallace:
CITY OF SAINT PAUL
CITY CLERK'S OFFICE
Your application for an appeal has been received and processed.
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Please attend the public hearing before the Legislative Hearing Officer on Tuesday,
September 22, 2009 at 11:00 a.m. in Room 330 City Hall and Courthouse to consider your
appeal concerning the above referenced property. At that time the Legislative Hearing Officer
wi{I hear al4 parties relative to this action. Failure to appear at the hearing may result in denial
of your appeal.
Sin erely,
ci�!'��`' G���
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Shari Moore
City Clerk
cc:
Lean�a Sha{f, DSI (Fire)
Phil Owens, DSI (Fire)
Marcia Moermond, Legisfative Hearing Officer
Jerry Hendrickson, Deputy City Attorney
Bill Fanning, Owner of Property
15 TNEST KELLOGG BOI7LEVARD, SUITE 310 SAIN1' PALIL, MTNNESOTA55102 Tel: 651-Zb68688
Fa�c:651-266-8574 www.stpaul.gov
M�rtnative Action Equal Opportunity Employer
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APPLICA'TION FOR APPEAL
' SaintPaul City Clerk
15 W. ge:Iogg Blvd., 310 City Hail
Saint Paul, Minnesota 55102
'Felephone: (651) 266-8688
1. A ddress of Property beiag Appea�ed:
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2. Number of IJwellina Unifis: � 3. Daie of L,e�er Appealed:
4. Natne of Owner. �= t � ra.n ;, ,; wu�
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Phone umbers: Business Re;idence Ce1
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Addtess�f�-� /�'Gh City; ��R.tc� State: �/i(6 7,ig; �Sl�3
Phone Numbers: Business
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NOTE: !i $25.00 ftling fee made payable to the G4ty of Saint Paul must accompany fhis app&cation as a
necessary condition £ax fiIing, you must attach a copy of tha original orders and any other cosespondence ie}ative
to t3us appeal. ,�',ny persoII uns�risfied by the final decizioh of tfie City Council may obtain judicial review bq
timely filing of an acrion as provided by law in Di�trict Cavrt �
ate Received:
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For O�fice Use
Received: I Rec
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Number: � Date
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CITY OF SAINT PAUL
Christopher B. Caleman, Mayor
September 17, 2009
WILLIAM D FANNING
DONNA M FANNING
8979 HIDDEN MEADOW RD
WOODBURY MN 55125-9138
1065 HATCH AVE
Re£ # 112412
Dear Property Representative:
DEPARTMENT OFSAF£TY ANDINSPECTIONS
Fire7nspection Division
Bob Kess[er, Direclor 6 U� I' ��
375JacksonStreet,Su:te220 Telephone: 651-266-8989
SmntPaul,Mmnesata55/0/-l806 Facsrmile: 6i1-166-8951
Web: wwwsmaul eov/drr
Your building was inspected on September 16, 2009.
The building was found to be unsafe, unfit for huxnan habitation, a public nuisance, a hazard to
the public welfaze or otherwise dangerous to human life. A Condemnation Placazd has been
posted on the building.
The following deficiency list must be completed immediately or the building vacated.
CONDEMNATIOl� OF THE BUILDII�G REVOKES THE FTRE CERTIFICATE OF
OCCUPANCY.
Failure to complete the corrections may result in a criminal citation. The 5aint Paul Legislative
Code requires that no building be occupied without a Fire Certificate of Occupancy.
DEFICIENCY LIST
1. CONDBMNATION - SPLC 34.23, MSFC 1101 - This occupancy is condemned as unfit
for human habitation. This occupancy must not be used until re-inspected and approved by this
office.
B[3ILDING IS NOT TO BE OCCUPIED UNTIL 1NSPECTED BY THIS OFFICE AND
APPROVED FOR OCCUPANCY.
2. EXTERIOR - GRASS AND VJEEDS - SPLC 45.03 (6) - Cut and maintain the
grass/weeds less than 8 inches tall.
3. EXTERTOR - SANITATION - SPLC 34.08 (1), 3431 (1) - All exterior property azeas
sha11 be maintaitted free from any accumulation of refuse, garbage or feces.
Clean out porch of all trash and refuse.
C1ean up a11 animal feces off yard and blvd.
An Equal Opportunity Employer
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4. EXTERIOR - SCREENS - SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the
window screens.
5. EXTERIOR - SECURITY LIGHTING - SPLC 34.14 (2) f- Provide and maintain an
minimum of 1 foot candle at the grade level of exterior exits and entryways for security. This
work may require a permit(s). Call DSI at (651) 266-9090.
Provide for all entrances to dwelling and garage.
6. EXTERIOR - WALLS/TRIM/SOFFIT/FACIA/PAINT - SPLC 34.09 (I) b,c, 3432 (1)
b,c - Provide and maintain all exterior wa11s free from holes and deterioration.
A11 wood exteriar unprotected surfaces must be painted or protected from the elements and
maintained in a professional manner free from chipped or peeling paint.
7. EXTERIOR - WINDOWS - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window
in good condition.
Replace broken windows.
8. INTERIOR - CO DETECTOR - MN State Statute 299F.50 Immediately provide and
maintain an approved Carbon Monoxide Alarm in a location within ten (10) feet of each sleeping
area. Installation shatl be in accordance with manufacturers inshuctions.
9. INTERIOR BASIC FACILITIES - GAS 5ERVICE/HOT WATER - SPLC 34.11(5),
34.34(2), SPC 4715A200Q - Provide adequate hot water between 120 degrees F and 13Q degrees
F.
Gas service to building shut off by Xcel-
Restore gas service.
Restore hot water.
10. SPLC 34.11 (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 o�ce.
ll. 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 Office of the City Clerk, 310 City Hall, City/County Courthouse,
15 W Kellogg Slvd, Saint Paul MN 55102 Phone: (651-266-8688) and must be filed within 10
days of the date of the original orders.
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If you have any quesfions, you may contact me at 651-266-8943.
Sincerely,
Bazb Cmiunings
Fire Inspector
Email: bazb.cummings@ci.stpaul.mn.us
Ref. # 112412
cc: Force Unit
cc: District Council
September 22, 2009 Legislative Hearing Minutes (� l�_ i'��- Page 4
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3. Appeal of Sandra Wallace to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 1065 Hatch Avenue.
Sandra Wallace, appellant, appeared. She stated that she did not know the property was condemned
until she saw the placard on the building as the landlord had not notified her of any orders against
the property. She said she needed additional time to find another place to live as she worked nights.
Leanna Shaff, DSI - Fire Inspector Supervisor, stated that Inspector Barb Cumuiings inspected the
property on 5eptember 16, 2009 and was unable to gain enriy as the owner did not show up for the
appoinhnent. No one else was home at the time to allow the inspector access to the building. The
inspector condemned the building as Xcel had locked the gas service; however, the electric and
water were still on. The inspector then contacted the owner who indicated that the building was
vacant and that her attorney had told them not to have anything more to do with the building after
they filed banlffuptcy. The inspector ordered an immediate vacate of the building.
Ms. Moermond asked who was responsible for the payment of the utilities. Ms. Wallace responded
that she paid the water and electric and the landlard was responsible for paying the gas. She
acknowledged she lrnew she needed to find another place to live and asked if she could have month
to be able to move out.
Ms. Moermond responded that since there was no responsible owner and the gas had been turned
off, she recommended denying the appeal and granting an extension to October 6 to vacate the
building.