09-1153CouncilFile# D9-J1�
Green Sheet # 3083498
AUL, MINNESOTA
Presented by
�
1 BE IT RESOLVED, that the Council of the Ciry 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 1, 2009 decision of the Legislative Hearing Officer for the following
4 address:
5
6 ADDRESS APELLANT
7
8 694 Stryker Ave #2 Cassandra Netzke, SMRLS
9 obo Dafina Palmer and Daniel Seidel, Owner
10
11 Decision: Appeal denied.
Carter
Bostrom
Harris
Helgen
Stark
Adopted by Council: Date
Yeas
/
✓
✓
Adoptio� Certified by Coun i] Secretary
BY ! / /�/J/� . ` .P
Appr v yor' Date !i
By:
Requested by Department of:
By:
Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Counci]
By:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
Il�l-Il��
DepaRmentlOffice/Council: Date lniYwted: � � � � �
co-�°°^°�� o9a�T2oo9 Green Sheet NO: 3083498
Comact Person 8 Phone: Department Sent To Person InitiaVDate
Marcia Moermond y o oun�a 0
6-8570 l ooncd De arMeot D'uector
Assign 2 ' Clerk Gti Clerk
Must Be on Cou�cil Agenda 6y (�ate): Numher 3 0
For 6 0
Routing
Doc. Type: RESOLUTION Order 5 0
E-DOCUment Required: Y
Document Contact: Mai Vang
ConWct Phone: 6-8563
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Reso]ution memoria3izing City Council action October 7, 2009 denying the appeal for property at 694 Strykex Avenue.
Recommentlacions: Approve (A) or Rejecl(R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this depaAment?
CIB Committee Yes No
Civil Service Commission 2. Has this personH'rcm ever been a city empioyee7
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain atl yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvan W ges If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction: CosURevenue Budgeted:
Funding Source: Activity Number:
Financiai IMormation:
(Explain)
October 9, 2009 1:53 PM Page 1
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August 28, 2009
CITY OF SAINT PAUL
CITY CLERK'S OFFICE
Cassandra Netzke, SMRLS
obo Dafina Palmer
200 Gommunity Services Building
166 East Fourth Street
St. Pauf, MN 55101
RE: 694 Stryker Ave #2
Dear Ms. Netzke:
Your application for an appeai has been received and processed.
09-1153
Please attend the public hearing before tfie Legislative Hearing Officer on Tuesday,
September 1, 2009 at 12:30 p.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{{ hear a{I parties retative to this action. Failure to appear at the hearing may resu{t in denial
of your appeal.
Sin rely,
.�
Shari Moore
City Clerk
cc:
Leanna Shaff, DSI (Fire)
Phi! Owens, DS! (Fire)
Marcia Moermond, Legislative Hearing Officer
Jerry Hendrickson, Deputy City Attorney
Matthew Boulos, Owner
Dafina Palmer, 694 Stryker Ave #2
15 WEST KEI.LOGG BOULEVARD, SUITE 310 SAINT PAL1L, MINNESOTA55102 Tel: 651-266-8688 Fax: 651-266-8574
wwwstpaul.gov
An Affirmative Action Equal OpporNniTy Empbyer
09-1153
APPLICATION FO}.2 APPEAL
Saint Paul City C7exk
15 W. Kellogg Blvd., 310 City Hall
Saimt 1'anl, Minnesota SSi02
Telephone: (651) 266-8688
1. Address af Properiy being Appealed: � 2.
Units: I 3.
of
0
4. Nazne of OWIIer: « r'�.�r� 1 ��C�2.� —
n Address: c�� 5�_!�\�_ City: Statei�,Zip' ��- (
Jt.�cs2 � ��v
Phone Alumbers: Business I'� � 1- y S"� �&� x2esidence CeIlulaz
5. Appellant / Apglicant (if other than ownez):
Address: City: State:
l�kone Numbezs: Business
Residence
Signature:
Cellular
6 State specifically what is bein ; appealed and why (Use an attachment if necessazy):
NOTE: F� $25.00 filing fee made payahle to the City of Saint Paul must accompany this application tu a
necessary condition for filin�. Xoa must attach a copy of the original orders and auy other correspondence relative
to d�is appeal. Any person unsatisfied by the final decision of the City Council may obtain jur3icial review by
iSmely filing of an action as provided by law in Districc Coutt.
ReceiQt Number: � Date
9001ti00f� �s��Z 668ti I96 I99 �� 99��I II� 600�/dZ/80
'��-i-��S 3
APPLICATION FOR APPEAL REC����
saint Pant city clerx AUG 2 7 z009
15 W. Kellogg Blvd., 290 City Hall
Saint Paul, Minnesota 55102 `'�� t+L�R}{
Telephone:(651)2b6-8688
1. Address of Property being Appealed: 2. Number of Dwelling Units I 3. Date of Letter Appealed:
:
4. Name of Owner: t.A0.tihe gnkto�
Address: 2-`�� Dodd,Rd Ati,E-1� City: � c._ ���— State: Mt� Zip: SSt�
Phone Numbers: Business �Q.S ���� 3�� Residence Cellulaz (aS�- 5Ti2 •�{3
Signature:
5, Appellant! Applicant (if other than owner): Da�;v�a. Poilmer
Address: °�t4 `sfv��ke�'A�ttT� City: �' State: �_7�ip: 5S10�
Phone Numbers: Business IoC1• 22�� 5t�1e3 Residence Cellular
(,SM1Q.c.S� � 1� f �.vu�. �a�rhtr��
Signature: —
6 State specifically what is being appealed and why (Use an attachtnent if necessary):
�.�,d�v.d� tina .hn�.-k l�e -lL�o rondw�_w _o��moerM dacc nc1- .nawrati�'
v k �'
`'-- ---�•. ,,.,�- - - '"'- JaCuif daiP
NOTE: A$25.00 fling 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 original ozders and any other correspondence relative
to this appeal. Any person unsausfied by the £inal decision of the City Council may obtain judicial review by
umely filing of an action as provided by law in District Court.
For Office i3se Only
Date Received: Fee Received: Receipt Number: Date of Hearing:
�� a�/OJ
Revised 4/IS/2006
09-1153
DEPARTMENTOFSAFPTY ANDINSPECTTONS
Fire Inspection Division
Bob Kecrler, Direcfor
CTI'Y OF SAZNT PAUL 375 Jar.ksan Slrees. Sutte 2Z0 Zelephone: 651-266-8Y89
Chrls[opherB.Colemars,Mayor SatniPa+r4�nnuota55101-7806 Farsimile: 651-16G-8951
WCL; WNNi.CIIM]t(OOVIlLPf
A em.ut i7, 2009
MA,TTT-TEW BdULOS
2805 AODD ROF�D APT 180
EAGAN MN 55121
RE: N�TICE OF CBRTIFICATE OP OCCUPANCX REVdCATION
694 S'CRYKER A'VE
Ref. # 10G580
Dear Progerty Representative:
Your build3ng was inspected on A.ugust 17, 2009, for the renewai of the Fire Cerlificate of Occupancy.
Since you have failed to comply with the applicable requiroments, it has become necessary to xevoke the
Fire Certificate of Occupancy in accordance with Section 33.05 of the Saint Paul Legislative Codc. A r�
inspection wi!! be made on A.ugASY 31., 2009 at bCtween 10:06 am and 3:00 pm to verffy that ttae
upper unit tenants have vacated the property.
't'he Saint Paul T.egislat`i've Code further provides that no buildin� shall be occupied without a Certiftcate
of Occupancy. Failure to immediately complete the followin� deficiency lfst or the building vacated may
result in. a. criminal citation. .
THLS L.ETTEit SLRVES AS OFFICIAL NOTICE OF REVOCATTON.
DEk'�G�NCY T,T5T
1. Basement - Dryer Vent - SPLC 34.12 (2), 34.35 (1) - ltepair and maintain all xequired and
supplied equipment in an operarive and safe condation: Install venting cap and zemove c�nused
drycr venting inside basement.
2. Basement - Interior'Window - SPLC 34.09 (3), 34.32 (3) - Repair and znaintain the window
g2ass.-Repaiz cracked interior north basement window.
3. Basement - Sink - SPI�C 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or replace and
maintain the plumbing fixture to an operational condition.-Repa9r or replace and maintain an
approved private hand sink. '�'lus work xnay require a permit(s). Call LIEP at (651) 266-9090.
buring iaaspection open pipe found aztd sink not connected sitting up against wall.
4. Exterior -Pave B'oards - SPT.0 34.09 (1) b,q 3432 (1) b,c - I'rovide az�d aztaintain all exterior
walls free from hoies and detariorafion. All wood exterior unprotected surfaces must be painted
or protected from the elennents and maintaztaed in a professional manner'fxee from chipped or'
geeling paint.
5. Exterior - Gas Meters - NiSPC G03.4- Call Xcel Energy at 1-800-895-4999 to provide vehicle
impact protection for the gas mater.
An Equal Opportunity �mployer
900/�00'�j �Sn�Z 668ti I9� I99 �H� L���I I�Z 600Z/LZ/80
09-1153
6. Exterior - Grass and Weeds - SPLC 45.03 (� - Cut and maintain the gassJweeds less than 8
inches tall.
7. Eateriar - House - SPLC 34.08 (3} - Pro'vide and mainhin suitabie sround cover on all eacterior
azeas to control erosion.-Remove dirt pile from back yard.
8. Exterior - Parldng Spaces - SPLC 34.08 ('� - All parking spaces shall be paved with aspl�alt,
concrete, or durable dustless surfacing. �efore any existing spaces znay be paved, site plan
approval must ba obtained as specified in tlze St. Paul7,oning Code. Coa�tact DSI Zoning a4 651-
266-9090: Replace exisring paddzag s�ip on south side of pxoperty.
9. Exterior - iioof - SPLC 34.09 (1) e, 34.32 (1) d- Provide and maizitained the roof weather fight
and free from defects.-Repair or teplace all deteriorated roof shingles.
I0. Exterior - West Staircase • SPLC 3A.09 (2), 3432(2) - Rep+iir or replace the unsafe stairways,
porclv, decks er railings zi� an approved manncr. This work may require a pernut(s). CaIl DSZ at
(651) 26G-9090: 12eplace stairease leading into west porch. Steps measure 9 and 7 inches during
inspection.
1 Z.
12.
I3.
14.
15.
16.
Exterior - Window Scxeens - Sl'LC 3R.09 (3), 34.32 (3) - Provide or repatr and maintaan the
window screen: Repair all missing, frayed or torn window scrcens throughout the psoperty as
needed.
Lxterior Foundation - Basement Walls - SFLC 34.09 (1) a, 34.32 (1) a- Provide and maintain
foundarion elements to adeqnately support this building at all points: Tuek point al1 gaps around
exterior basement foundation.
Exterior'4�'indow - Basement Wzndow - SPY,C 34.04 (3), 34.32 (3) - Repair end maintain the
window glass.-Tnstall exterior north basement window pane.
Interior - Attic Cover - SP7.0 3�3.09 (3), 34.32 (3) - Repair and xnaintain the door in good
condition: Replace or repair gaps in attic cover. Dayli�ht showing through cover.
T..ower TJnit - Bathtub - SPLC 34.10 (4), 3433 (3) - Provide a bathroom floor innpervious to
water.-Rapair or replaCe eaulk arotmd tub to ensure water tigh�ess azound tub.
:.oater'U�ut - En :y Daors -'MSkC 7 003.3.1.8 - I'.emove. unappr¢ved locks'from the unzY doors.
'I'Ixe door must be openable from the inside wzthout the use of keys or specialla�owledee or effozt.
17. Y.ower Unit - Kitehen Ceiling - SPI,C 34.10 (7), 3433 (6) - IZepaiz and maintain the ceiling in an
approved manner: Repair oz replace the daznaged or deYeriorated ceilzng,
Patch the holes and/or cracks in the ceiling above latchen south cabinets.
18. I,ower Unit - Kitchen Paucet - SPI,C 34.11, SBC 2902.1, SPLC 34.17, NIl'C 415.0220 - Repair or
replace and maintain the plumbing fixtvre to an operational condition.-Repaiz lower uxut Idtchen
£aucet from lealdng. During znspeetion faucet found lealdng.
19.
20.
90�(fiQU�j
Lower Unit - Kitchen Sink CabineT - SPLC 34.10 (7), 3�.33 (� - Repais or replace and maintain
the woodwork in an approved manner: Repair hole on left side of ldtchen sink calrinet.
Lower T 7nit - Kitehen Stove - SPLC 34.10 (5), 34.33 (4), 34.16 - Provide and maintain interiox in
a clean and sanitary conditlozi.-C1ean and sanitize around stove, all elements on stove and inside
of stove.
�sn,�Z 668ti I�� I99 �� L��9I I�Z 600ti/lZ/80
09-ll 53
21.
22.
23.
24,
25. I,ower Unit - Shower'W all Tiles - SPLC 34.10 (7), 34.33 (6) - Repa9x and maintain the walls in an
approved manzaer: Repair or replftce the damaged or deteriorated wall coverings. Replace or
repaii shoWer wall file throughout bathroom as needed.
26.
27.
28. Roof - Chimneys - MSFC 603.6.1 Masotuy Chiznzaeys - Masonry chimneys that, upon inspeation,
are £ound to be without a flue ]iner and that have open mortar joints which will permit smoke or
gases to be discha into the building, or which aze cracked as Yo be dangerous, shall be
reparred or relined with a listed chimney liner systezn installed in accordance vrith the
manufacturer's installation instructions or a IIue lining system installed in accoxdance with the
requirements of the Tnternational BuiIding Code and appropriate for the intended class of
chimney service.-Replace broken offbrick and mortsr on both chiiuneys.
29. Uppet IInit - Batluoozn - IvxSFC 605.1- All Izght fixtures shall be maintained with proteciive
globES if ori�inally equipped.
30. CTpper Unit - Bathroom Walls and Ploor - SPLC 34.10 (�, 34.33 (6) - Repair and maintaan the
wa11s in an approved manner: 12epair or replace the damaged or deteciorated wall coverings
tlu'oixghout the ba'.huoom beh:x�d the toilet, underneath the sink and on baYhroOxa floor nexS'to
bathtub pSpiag.
31. TTpper Unit - Cabinet LT,t�awe,rs - SP�.0 34.10 (7), 3433 (6) - Repair and ma.intain the cabinets in
an approved manner: Repaiz oz xeplace the damaged or missing �
Lower i7nit - Living Room - SPLC 34.12 (2), 34.35 (1) - Repair and maintain aIl required and
supplied equipment in an operntive and safe condition: Remove old smoke detector bracket
mounted ar� living room ceiling.
I.ovrer Unit - Master Bedroom - S�-C 34.10 (�, 34.33 (b) - Repair and maintain the wa71s in an
approved maiuier.-Patch the holes and/or cracks in the wails throughout bedroom.
Lower Unit - Porch Wall - SPLC 34.10 (�, 34.33 {6) - Repair and maintain the walls in an
agproved manner.-Patch the fioIes and/or cracks in the east porch walI next to floor vent.
T.ower Unit - Sash Cords - SPI,C 34.09 (3), 34.32 (3) - Itepair and maintain the window sash.-
Replace all damaged, missing or tom sash cords thmughout unit as needed.
I.ower ilnit - Throu�hout - SPLC 33.05 - Unoertified portions of the building must not be
occupied until inspected and approved by this office.
Z.ower Unit Kitchen - South Exit Door - SPLC 34.10 (7), 3q.33 (6) -12epair or replace and
maintain the woodwoxk ir. an agproved inaiuier...Replace or repair molding over south e�sit dOOr.
32. Upper Unit - East Porch - NEC 110-25 - Pro�vidc and s.aintain a minimum of 36 iraches clearance
in front of ali electrical panels.-Remove materials sitting in front and around pazxel boJC.
33.
Uppex Uait - East Poroh Wall - SPT,C 34.10 (�, 3a.33 (fi) -
approved mannez�.-It epair or replace the damaged or deterio
ir and maintain the walls iza an
wail coverings.
«
Upper T7nit - Hntry Door and Living Room - SPLC 34.10 (7),
maintain the woodwork in an approved manner: Replace or r�
room and north eniry door.
3 (� -12epair or replace and
al2 molding throughout Siving
I'
900/900� �Sn�s 668Z i�� I�9 �V,� L��9T I]E,ti 600ti/LZ/SO
09-1153
50. SPLC 34.I 1(6}, 3434 (3) -}'rovide service of heating faci]ity by a licensed contractor which
must incIude a carbon monoxide test Subuut.a completed copy of the Sainz Paul Fire Marshal's
Existing Fuel Bumntg Equzpment S�'ety Test Repart to this office.
51. SPLC 39.02(c) - Complete and sigYi the pxovided smoke detector affidavit and return it to this
office.
You have the riaht to appeal these orders to the Legislative Hearing Of�icer. Applications for appeals may
be obrained at the Off ce of the City Clerk, 310 City Hall, City/County Courthouse, 15 W Kellogg Blvd,
Saint Pau] MN 55102 Phone: (651-266-8688) and must be filed within 10 days of the date of the origlnal
orders.
If' you have any quesrions, call me at 651-26b-8982. Ptease help to make Saint Paul a safer plaee in
which to live and work.
Sincerely,
Sean Westenhofer
Fire Inspe�tor
Hmail: sean.'westez�ho#'er@ci.s�aul.mn.us
Re£ # 106580
cc: Force
900/900�j �s��� B68Z T9� jS9 �V� L9�91 fl� 6�OtilLti/8�
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property Name: 09-1153
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
694 STRYKER AVE — Inspecfion Photos 8/17/2004
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property Name: 09-1153
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
09-1153
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property lVame:
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property Name: 09-1 I 53
Folder Name: 694 STRYKER AVE Survey I¢fo:
PIN: 072822410080
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property Name: 09-1153
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
09-1153
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property Name:
Folder Name: 694 STRYKER A.VE Survey Info:
PIN: 072822A10080
09-1153
Date: August 17, 2009 HI' District:
File #: 09 - 024951 Property Name:
Folder Name: 694 ST'RYKER AVE Survey Info:
PIN: 072822410080
09-1153
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property Name:
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
Date: August 17, 2009 HP District:
File #; 09 - �24951 Property Name: 09-1153
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
09-1153
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property Name:
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
Date: August 17, 2009 HP District:
File #: 09 - 024951 Properly Name: 09-1153
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
09-ll 53
Date: August 1'7, 2009 HP Districta
File #: 04 - 024951 Property Name:
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
09-1153
Date: August 17, 2009 HP District:
File #: 09 - 024951 Properly Name:
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
09-1153
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property Name:
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
09-1153
Date: August 17, 2009 HP District:
File #: 09 - Q24951 Property Name:
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822A10080
..;�. ._�:�x:::�x���;,�u�:�or ,,::��,...
09-1153
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property Name:
Fulder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
Date: August 17, 2009 HP District:
File #: 09 - 024951 Property Name: 09-1153
Folder Name: 644 STRYKER AVE Survey Info:
PIN: 072822410080
09-1153
Date: August 17, 20�9 FIP District:
File #: 09 - 024951 Property Name:
Folder Name: 694 STRYKER AVE Survey Info:
PIN: 072822410080
�-�\��3
September 1, 2009 Legislative Hearing Minutes Page 10
4. Appeal of Cassandra Netzke, SMRLS, on behalf of Dafina Palmer, and Appeal of Daniel
Seidel, owner, to a Certificate of Occupancy Revocation for property at 694 Strvker Avenue.
Daniel Seidel, Matt Boulos and James Yacomb, property owners, appeared. Ms. Moermond stated
that Ms. Netzke, SMRI.,S, had contacted the City Clerk prior to the hearing indicating that she had
reached an agreement with Fire Inspector Supervisor Shaff who a�eed to grant the tenants
addirional rime to move out and was withdrawing the appeal on behalf of her clients.
Ms. Moermond asked for a staff report. Inspector Sean Westenhofer, DSI — Fire, stated that a
complaint was received on May 14, 2009 regarding the front steps falling apart, He inspected the
property on May 14 and issued orders to repair the cracked and crumbling front steps, cracks in tYAe
foundation walls, tom screens, and to provide an approved parking surface for the tenants which
required a site plan be filed with Zoning. Ae sent a letter scheduling the compliance re-inspection
for June 12; however, Assistant Fire Marshal Phil Owens instructed him to conduct an unannounced
inspection on June 9 to inspect the entire building. The tenants were at the property and allowed
him access to the entire building. In the upper unit, he found the kitchen to be in disrepair, there
were holes in the walls, missing smoke detector, he found a charcoal grill and charcoal in the
kitchen and asked the tenant to remove it as it was highly combustible, which the tenants did
remove; the tenants were also burning stick incense which they stuck in the holes of the walls and
ceiling globe lights which he asked the tenants to extinguish and they did. The lower-unit tenants
indicated they were moving out soon; however, he found the kitchen to be unsanitary, the kitchen
ceiling was in disrepair, the bathtub needed caulking, the porch walls needed patching, and the front
door locks prevented the door from closing all the way. He also inspected the basement and found
the tenants had boxes filled with clotbing and other materials stored by the furnace which he asked
them to remove and they did. On June 16, Assistant Fire Marshal Phil Owens instructed him that he
and DSI Manager Dick Lippert where going to join him on an unannounced inspection of the
property. While there, they observed the same conditions he witnessed on his June 9 inspection
with the exception of the charcoal, charcoal grill and burning incense. The tenants in the lower unit
had moved out so they were unable to gain access to that unit. When they inspected the basement,
they found the stairs to be broken and the basement was full of stuff which possibly had been left by
the lower-unit tenant. He issued orders on a deficiency list on June 18 with a re-inspection and
compliance date of July 17. He re-inspected the property with his supervisor, Leanna Shaff, on July
17 and observed many of the deficiencies had not been corrected. One of the deficiencies he most
noted was the parking area which was an unapproved surface which Zoning required to haue an
approved site plan before a permanent surface could be put down, He met Mr. Boulus at the
property and gave him until July 31 to submit the site plan and to make the repairs as he claimed the
tenant in the upper unit would be moving out. He talked to staff in Zoning an July 31 who indicated
the site plan had not yet been submitted. Another re-inspection was made on August 3 at which
time he observed that the front steps on the west side of the property had been replaced with
wooden steps. When he measured the steps, he found that they did not meet the code requirement
which he again had to issue orders to repair. At that time, the upper-unit tenants still had not moved
out and only minimal repairs had been made to the building. The repairs to the lower unit had not
been made, the repairs to the exterior had not been finished and he scheduled a final re-inspection
date of August 17. On or about August 6, he talked to James Yacomb and indicated to him that
everything on the deficiency list needed to be done including the site plan and all of the repairs. On
August 17, he did the final inspection of the property and found that the front steps still had not
been repaired to code, the foundation walls had been repaired, the exterior trash had been removed,
the dirt pile in the back had been moved; however, the site plan for the parking area that had been
C7�'i \\`'� 3
September 1, 2009 Legislative Hearing Minutes
Page 11
submitted to Zoning had not been approved by Zoning. The reason the site plan and the parking
surface needed to be installed was because the tenants were parking their vehicles on the grass.
Since only a fraction of the repairs had been made, he revoked the C of O on August 17 with a
vacate date of August 31.
Ms. Mcerxnond asked about the history of the property under the C of O Pro�am. Mr. Westenhofer
responded that the property had been condemned in November 2008 due to safety issues and a code
compliance inspection had been done. The certificate of code compliance was issued in February
2009 and a provisional C of O was issued. The first tixne he had inspected the property since the
certificate of code compliance had been issued was May 14.
Ms. Moermond asked why they were appealing.
Mr. Boulus responded that they had purchased the property in early 2008 and had a code
compliance certificate pending the demolition of the garagelshed which they did do. He said the
property was condemned in November 2008 due to the crumbling and deteriorated foundation and
they put the tenants up in a hoteL He understood repairs needed to be made due to wear and tear to
the property; however, when the property was inspected in May, he had no lrnowledge of the
inspection. He questioned how many times the property had to be inspected and told everything
was fine and now the C of O had been revoked. He also wanted to know why department heads
were going along for unannounced inspections of the property and when he asked Mr. Westenhofer,
he could not give him a valid explanation. He said they had indicated to the inspector that the
upper-unit tenant would be moving out at the end of August and as soon as the entire building was
vacant, they would go in and make all of the repairs. He believed they were being treated unfairly,
that the orders were super&cial and based only on aesthetics.
Mr. Seidel stated that they would have liked to have known the tenants were burning incense in the
holes in the walls as well as the charcoal barbecue in the kitchen. He said that everything on the
first list has been repeated on every list since the time of the initial arders which were the conditions
at the property since the certificate of code compliance had been issued. He felt they were being
nickeled and dimed and every time a new inspection was done, there were more items. He believed
there needed to be an end point where the property was repaired and tenants could re-occupy the
property.
Ms. Shaff presented photographs of the property and explained the conditions, room by room,
violation by violation. Ms. 5haff stated that when they spoke with Mr. Boulus in July and he
requested additional time, he indicated he only needed a couple of weeks as the upper-unit tenant
was moving out at the end of July.
Mr. Yacomb stated that when he spoke with the inspector, he indicated that the upper-unit tenant
was not moving out until the end of August.
Mr. Boulus stated that he agreed the repairs needed to be made; however, he did not believe it was
fair to continuously re-inspect the property and be given the same list of deficiencies to repair and
he believed that "someone at the top" had it out for this property given the number of unannounced
inspections. Mr. Westenhofer said that he was told by Assistant Fire Marshal Phil Owens to inspect
the property and to report back to him. He was unaware if someone else was giving direction to Mr.
Owens.
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September 1, 2009 Legisiative Hearing Minutes
Page 12
Ms. Moerxnond asked whether the conditions at the property since the inspection and photos were
taken on August 17 had improved. Mr. Boulus responded that the main focus was on finding
another place for the upper-unit tenant to move to. Since the house is now vacant, they were
prepazed to make the repairs.
Ms. Moermond asked whether they had a provision in the lease stating that repairs could be made
wlvle the unit was occupied. Mr. Yacomb responded that they did have such a provision in ttieir
lease; however, many of the items on the list could be repaired one day and the tenants would have
destroyed the next day explaining that the tenants in both the upper and lower units were very hard
on the building. He claimed that everything on the deficiency list had been completed on August 17
when the re-inspection had been made.
Ms. Shaff stated that she agreed the building did have challenging tenants; however, it was her
information that the upper-unit tenant had at one time been the caretaker/property manager of the
building. She found the building had deferred maintenance issues that were not being addressed.
Under Chapter 34, if there were items on an inspection that needed to be repaired, they would order
them repaired.
Ms. Moermond stated that from what she understood, the conditions found at the property were
discovered in less than an optimal way; however, from what she understood, they did not want to be
referred to the Vacant Building Progcam. Mr. Boulus responded that this was correct. Mr. Seidel
stated that they wanted to woxk off a"finaP' list as the tenants had all now vacated, all the repaixs
could be made and the property could be re-occupied.
Ms. Moermond stated that she understood a complaint concerning the property had been received
and upon inspection, the inspector listed the deficiencies which were found. This had been a
chronic problem dating back to May in which repairs had not been made. She said she would like
to see a work plan on how they were going to accomplish the repairs that needed to be made. She
said she would also like a report from management at the Department of Safety and Inspection to
fmd out about the on-going inspections which were made at the property. Ms. Moermond
recommended denying the appeal and g�anting an extension to October 1 to bring the property into
compliance on the condition a work p1an is submitted for making the corrections to the property. If
the properiy is brought into compliance, the C of O can be re-instated. If the owners fail to comply,
the property will be referred to the V acant Building Program.