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09-12Council File # v / � �a"' Green Sheet# 3064978 RESOLUTION SAINT P911t�IlAINNESOTA 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 tesrimony heard at public hearing on December 3, 2008 hereby memorializes its 3 decision to certify and approve November 13, 2008 decision of the Legislative Hearing Officer for the 4 following address: 5 6 ADDRESS APELLANT 7 8 742 Robert Street South James Caswell 9 10 Decision: Appeal denied and extension granted to December 1 to replace the windows. Carter Bostrom Harris Helgen Adopted by Council: Date ✓ ✓ Adoption Certified by Council Secretary By: � Approved a� DAte,., 1 /i� BY �,-CSCJ�� Requested by Deparhnent of. � Form Approved by City Attorney B Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet nr _ � a.. � Deparfinentl0ffice/Council: Date Initiated: � � � � co-�°°°°�� 08 Green Sheet NO: 3064978 ConWCt Person & Phone: Department Sent To Person InitiallDate Marcia Moermond o onncii 0 6-8570 1 ounu7 De ar�ent Director � 2 'N Clerk C1 Clerk Must Be on Council Agenda by (Date): Number 3 0 Routing 4 0 Doc. Type: RESOLUTION Order 5 0 E-Document Required: Y Document Contact: Mai Vang Corrtact Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution memorializing City Council action taken December 3, 2008 denying and extension granted for property at 742 Robert S[reet South, per the recommendation of the Legislaqve Hearing Officer. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/frm ever worked under a contract for this departmeni? CIB Committee 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 arrent city employee? Yes No Ezplain aii yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: DisadvanWges If Approved: DisadvanWges If Not Approved: Total Amount of Cost/Revenue Bud eted: Trensaction: 9 Funding Source: Activity Number: Financial Infortnation: (Explain) December 8, 2008 926 AM Page 1 \ R p �� m � � e_ �� I IIN 'r � November 10, 2008 James W. Caswell 742 Robert Street S. Saint Paul, MN 55107 RE: 742 Robert Street S. Dear Mr. Caswell: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. v I /' � Please attend the public hearing before the Legisiative Hearing Officer on Thursday November 13, 2008 at 11:30 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 will hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeai. Sincerely, ,�� ���� G �- Shari Moore City Clerk cc: Joel Essiing, DSI Code Enforcement Inspector Richard Lippert, DSI Code Enforcement Manager Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney Louis Kanavati, Owner 15 WEST KELLOGG BOULEVARD, SUTTE 310 SAINT PAUL, MINNESOTA55102 Te1:651-266-8688 FaC: 651-266-8574 www.stpaul.gov AA-ADA-EEO Employer Oq�( � A�PLICATION �'OR AP�EAL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota SS 1 Q2 Telephone: (651) 266-8688 �o ���i��� � c,�, 8 1. Address of Property being Appealed: 2. Number of Dwelling Units: 3. Date of I.etter Appealed: 7y� �o, ��6��a� � i�— iU - 0 8 Ld v��s j����-� ° 4. Name of Owner: � Address: /✓�� � 1 �/ Cty: S���i�-1 State: �� 6 i 1-�6-5'U1G 6 �?- ��� o�/ Phone Numbers: Business Residence Ceilular 5. Appellant / Applicani (if other t6an owner): ��"" ? S �- .��,�s� Address: � �� � ` � City: � � `� State: INvUf� �5/-�'0- PhoneNumbers�usiness _, __ Residence �// � _,,:_.s3 �a� -r�3� 6j� 2r�3 Cellular 6 State specifi�ally what is being appealed and hy (Use an attachment if necessary): � _ .�Wt �- C�! �ZGt�� �2�/ � Gu� � L!/ ✓Q �L �2 z Y � , t� K`< J¢ �?C r.�J� � /`. ��`' � C°t�vt `-E" i¢-� r•- j c.� - �"� �-z 2 ca.-, lvL 7r�PF✓u � �� G���� � Go � f?�t a�'° T ✓vu - z �s'C� �i vf' "` ( -�its't` aL ��' Jy( GK 2 qyJ _. ,._ �� . . �_ = � / �CCC.K l`t � Q � NOTE: A$25.00 £iling fee made payabie to the City of Saint Paul must accompany this application as a necessary condition for filing. You must attach a copy of the original orders and any other correspondence relative to this appeal. Any person unsatisfied by the final decision of the City Council may obtain judiciai review by timely filing of an action as provided by law in District Court. �PfSL2�C/ �I For OfFice Use Only ' Date Received: Fee Received: Receipt Number: Date of Hearing: �����l. ��, i � 3v CITY OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS DIVISION OF CODE ENFORCEMENT 375 Jackson Streef, Suite 220 bq �� � Saint Paul, NIN 55161-1806 SUMMARY ABATEMENT ORDER November 07. 2008 Insp Da '�"�L.�. ! Date Mailed � Mailed By (init) 08 -194954 Yog hais tias koj hais lus Hmoob tluab koj tsis to taub tsab ntavrv no, hu rau tus tYkiais lus ntawm (651) 266-8989. Nws yog pab dawb zwb.Si necessita un traductor, por favor llamanos al (651)266-8989. No costo. L.ouis Kanavati/Ellen Kanavati James W Caswell 1339 Sperl St 742 Robert St S St Paul IvIN 5 5 1 1 8-2623 St Paul MN 55107-3225 I As owner or person(s) responsible for: 742 ROBERT ST S you are hereby ordered to eliminate all L nuisance conditions wlvch are in violation of Chapter 45 of Saint Paul Legislative Code. I� Remove improperly stored or accumulated refuse including: garbage, rubbish, discarded furniture, � � a liances vehicle arts scra wood and meta rec clin materials household items buildin PP � P , P �, Y S , > g materials or rubble, tires, brush, etc., from yard areas AND GARAGE AND PORCH(5) -� � � Cut and remove tall arass, svee�!s am@ rank plant growth. Remove and properly dispose of all animal feces from yard areas. IMM�DIATELY secure all buildings wluch are open to unauthorized entry, including: ANY BROKEN OR UNSECi7R� DOORS OR WIlVDOW ON BOTH THE GARAGE AND TH� HOUSE. Other: If you do not correct the nuisance or file an appeal before November 12, 2008, the City will conect the nuisance and charge all costs, including boarding costs, against the properiy as a special assessment to be collected in the same way as properiy taxes. Charees: If the City corrects the nuisance, the charges will include the cost of correction, inspection, travel time, equipment, etc. The rate will be approximately $260.00 per hour plus expenses for abatement. You must maintain the premises in a clean condition and - provide prope�- and adequate refuse stor•age at aII tunes FAILURE TO COMPLY MAY RE IN A CR IMIN AL CITATI Issued by: Joel Fssline Badge Number 322 Phone Number 651-266-1904 If you have any quesfions about tlus order, the requirements or the deadline, you should contact the Inspector liste@ above, Monday through Friday. Aooeals: You may appea] trus orda and obhin a bearing before the City Council by deadline noted above or seven (7) days after the date maited, wlucheva comes fust Correction Order with vour anoeal avolication. an appeal applir.ation with the CiTy Clerk before the *�'VARNING Code inspection and enforcement trips cost the taepayers money. If the violauons aze not coxrected witLin the time period ra�used in this notice, the ciTy's costs in conducUng a reinspeclion after the due date for compliance will be collected from the owner mther than bemg paid by ihe tacpayers of the city. If additional new vio]ations aze discovered within the next following 12 manths, the city's cosis in conducting additional iaspections at �is same location within such 12 months will be collected from the owner mther than being paid by the facpayers of the ciry. My such future costs will be collected by assessment against the real pmperty and aze in addition to any other 5nes or assessments which may be levied against you and your pmperiy. Sa2 p2 60158 09/08 DEPARTMENT OF SAFETY AND INSPECTIONS Richard Li�.ri�iy:d/trrager of Code Enforcement fjG CITY OF SAIIVT PAUL Christopher B. Colemars, Mayor November 7, 2008 375 Jacksnn Snret, Suite 220 Sairzt Paui, 39N SSI01-]806 CJ Telephone: 651-266-1900 Facsimile: 657-266-19I9 Web: wwwsfiau! eov/dri NOTICE„�F CONDEMNATION AS UNFIT FOR I�UMAN, ,�IASITATION AND ORDER TO`VACATE Louis Kanauati/Ellen Kanavati 1339 Sperl St StPaul MN 55118-2623 James W Caswell 742 Robert St S St Paul MN 55107-3225 Dear Sir ar Madam: The Deparhuent of Safety and Inspections, Division of Code Enforcement, has determined that the dwelling and premises at 742 ROBERT ST S is "Unfit for Human Habitation". In accordance with Saint Paul Legislative Code, Chapter 34, Secrion 23, the premises will be placarded on November 12, 2008 and ordered vacated no later than November 12, 2008. Your attention is called to the following provisions of Secrion 34.23, Subsection 6 entitled, "Vacation of Structure or Unit": "Any residential 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 and/or notice." TH�S DWELLING SHALL NOT AGAIN BE USED FOR Hi7MAN HABITATIC�N UNTIL WRITTEN APPROVAL I5 SECi7RED FROM THE CITY OF SAINT PAUL; DEPARTMENT OF SAFETY AND INSPECTIONS, DIVISION Ok' CODE ENFORCEMENT Princinal Violafions: These deficiencies must be conected before this condemnation and vacate order will be removed. LACK OF MAINTENANCE/DILAPIDATION 1. WINDOWS: The windows and/or storm windows aze in a state of disrepair. Replace all missing or broken window glass. Make all necessary repairs to frames, sashes, hazdware and associated trim in a professional manner. Permit may be required. ' � �'� 2. FIRE HAZARD: Excessive storage in the house causing inadequate access to exits. An A$"irmative Action Equal OppottuniTy Employer 742 ROBERT ST S Page 2 p °� �� �- Other Violations: These deficiencies must be corrected in order to bring this property into compliance with the Saint Paul I,egislarive Code. 3. EXCESSIVE STORAGE OF COMBUSTIBLE MATERIAL.: There is excessive storage of combustible material in the gazage 4. SANITATION: Immediatelyremoce improperly stored or accumulated refuse including; gazbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, tires, etc, from yard. The Saint Paul Legslarive Code requires all exterior property azeas to be maintained in a clean and sanitary condirion. Usable materials must be stored in an approved manner, so as not to consritute a nuisance. Authorizarion to reoccupy this/these dwelling unit(s) will not be given until it is demonstrated that all principal violarions have been corrected and that no new condifions exist which could constitute material endangerment or which threaten the peace, health, safety or welfare 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 Section, 375 Jackson Street, Suite 220, (651) 266-9090. You may file an appeal to this norice by contacfing 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 a11 times. If you have any questions concerning this matter, please contact the Inspector, Joel Essling, at 651-256-1904. To arrange an appointment or request an extension of time to complete repairs, you will need to speak directly to the inspector. Sincerely, RICHARD LIPPERT Manager of Code Enforcement je c: Community Stabilization Project HALO - Southern Minnesota Regional Legal Services uhh60103 9/08 Date: November 07, 2008 File #: OS -194954 Folder Name: 742 ROBERT ST S HP District: Property Name: Survey Info: bq�l�' PIN: 082822310173 Date: November 07, 2008 HP District: File #: 08 - 194954 Property Name: ��'�� � Folder Name: 742 ROBERT ST S 5urvey Info: PIN: 082822310173 Date: November 07, 2008 AP District: D � �( �.. File #: OS - 194954 Property Name: Folder Name: 742 ROBERT ST S Survey Info: PIN: 082822310173 Date: November 07, 2008 FIP District: ��/' � File #: 08 - 194954 Property Name: Folder Name: 742 ROBERT ST S Survey Info: PIN: 082822310173 Date: November 07, 2008 HP District: b q�' � File #: 08 - 194954 Property Name: � Folder Name: 742 ROBERT ST S Survey Info: PIN: 082822310173 Date: November 07, 2008 HP District: b �f i ' �- File #: 08 - 194954 Property Name: � Folder Name: 742 ROBERT ST S Survey Info: PIN: 082822310173 Date: November 07, 2008 FIP District: b � j ��� File #: 08 - 194954 Property Name: � Folder Name: 742 ROBERT ST S Survey Info: PIN: 082822310173 Date: November 07, 2008 File #: 08 - 194954 Folder Name: 742 ROBERT ST S HP District: Property Name: 5urvey Info: ��� O PIN: 082822310173 Date: November07,2008 HP District: U ��( � File #: 08 - 194954 Property Name: Folder Name: 742 ROBERT ST S Survey Info: PIN: 082822310173 November 13, 2008 Legislative Hearing Minutes D ��� �.. Page 14 13. Appeal of James Caswell to a Condemnation and Order to Vacate for property at 742 Robert Street South. James Caswell, appellant, appeared with a friend, Mike Bauer. Mr. Essling stated that he received a referral from the St. Paul Police Department after a robbery had occurred at the property on November 7, 2008. He met with an officer who provided him with photographs of the properiy which showed a tremendous amount of exterior storage in addition to many broken windows. According to the officer, there was also a tremendous amount of interior storage as well. He said that the ownership of the property was questionable and the file had been transfened from the Certificate of Occupancy Program (C of O) to him and to date, he was unsure as to the ownership of the property. He said that the broken windows had been boarded from the inside; however, they had not been repaired ar replaced. He issued a pre-authorized work order to clean up the property and issued a condemnation order and order to vacate the property for November 12. He said that there was a long history of complaints at this property and there had been a previous abatement for a clean up that was done that exceeded $7,000. It appeared that there was an illegal household recycling business that was being operated at this property and the appellant had previously been told that he cannot operate such a business. Mr. Caswell stated that he had purchased the property on a contract for deed from Louis Kanavati and deeded the property back to Mr. Kanavati as he could not afford the t�es and upkeep of the property. He said that he had contacted Mr. Kanavati concerning the repair of the broken windows and he spoke to Mrs. Kanavati who indicated Mr. Kanavati was in Israel until November 24 and would take care of the windows once he returned. He could not afford to replace the windows as he lived on social security disability and supplemented his income by recycling metal parts from computers and other electronics. He said that when the property was burglarized, his 24 prescription medicarions had been stolen and all of his tubs of recycling materials had been tossed all over ttiroughout the house. He said it would take him time to get the inside cleaned up; however, he had removed almost everything that had been outside including the stuff that he had been stored in his garage where he also worked from. He did not want to have to vacate the house as he had signed a one-year lease and it would take him some time to find another place to live. Ms. Moermond told Mr. Caswell that this property was not zoned to allow a home occuparion of scrapping and he would need to cease operation of such a business. She recommended denying the appeal and granting an extension to December 1 to replace the broken windows. She also recommended this property be referred to the Certificate of Occupancy Program and an inspection would need to be scheduled for some time after December 8, 2008 in order to allow time for Mr. Caswell to clean up the inside of the house.