The URL can be used to link to this page

09-1217Council File # 09-1217 Green Sheet# 3085516 Presented by MINNESOTA /� BE IT RESOLVED, that the � mcil of the Ciry of Saint Paul, based on a review of the legislative hearing record and testimony heard at public hearing on October 21, 2009 hereby memorializes its decision to certify and approve the October 6, 2009 decision of the Legislative Hearing Officer for the following address: 6 ADDRESS 8 835 Brown Avenue 9 APELLANT Rita Rae 10 Decision: Appeal denied on the condemnation and order to vacate and waiving the vacant building fee for 11 90 days. Property owner must obtain a code compliance inspection. Requested by Department o£ Adoption Cert�ifi Coun il Secretary BY /!� /�✓li��i/�iv��.� Approv or. Date j/f�3�('!� -� �- By: �%/,( ��.( w � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: Adopted by Council: Date ��.y��1C�+ 04-12 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DeRartmentl�celCouncil: Date Initiated: co- 230CT2009 Green Sheet NO: 3085516 ContaM Person 8 Phone: Denartment Sent To Person Initial/Date Marcia Moermond y � Op°� �� Cr8570 1 ooncl De artmentD'vector � 5i9^ 2 i Ckrk (S Clerk Must Be on Council Agenda by (Date): Number 3 � For 4 0 Routing Doc.Type:RESOLUTION Order 5 6 0 E-DocumentRequired: Y � 0 8 0 Document Contact: Mai Vang 9 0 Contact Phone: 6-8563 30 0 Totaf # of Signature Pages _(Ciip AII Locations for Signature) Action Requested: Resolution memorializing City Counci] action taken October 21, 2009 denying the appeal for property at 835 Brown Avenue. RecommentlaUons: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1, Has this person/firm ever worked under a contract for this department? 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 current ciry employee? Yes No Explain alt yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Ativantages If Approved: Disadvantages If Approved: Disadvan W ges If Not Approved: Total Amount of Trensaction: CosURevenue Budgeted: Funding Source: Activity Number: Financial Information: (E�cplain) October 23, 2009 8:41 AM Page 1 09-1217 ,`` �,° a '=s ,� � m ��i'�'�'I"" =o � October 2, 2009 Rita Rae 1410 Carling Drive St. Paul, MN 55108-5339 RE: 835 Brown Ave Dear Ms. Rae: CiT�' Ok' �� Pd�' PA�7�, czz� Cr.E��s o�FZC� Your applicafion for an appeal has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Tuesday, October 6, 2009 at 12:0� p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officerwill hear al! parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerefy, �-- r r�� !' �� Shari Moore City Clerk cc: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legisiafive Hearing Officer Jerry Hendrickson, Deputy City Attorney I5 WEST K� L6GG B07JL5`JAP.D, ^uUZTE 31J 5AI2ti*T PAUL, fvIINNESOT2_55102 T^'c 601-205-8685 Fz,r. 651-266-2574 www.stpaul_gcv AR A�rm,afivP Psfinn Fmul Clnnnmmihr F..,A�.ip* o9-rzi� 3�� =�.�� 1�d�;: APPLICATION FOR APPEAL SaintPapl City Clerk 15 W. Kellogg Blvd., � 10 City Hzil SaintPaui, Minnesota 5j1Q2 Telephone: (651) 266-86$8 .�ddress of Property being Appealed: �� 'oi�5r� �� 4• Name of Owner: ��e�rv�� ocr o 2 �ou� �ITY CLERK 2. Nt:mber of Dwelling Unifis: 3. Date of Let�er �� !�lal� Address: I�10 C C�C ttu. �C• �� `�J�•�c�� State: I��4 Zip: S� Lg Phone Numbers: Business Residence Cellular �S � Signature: � U.1.Q, � � — — �QS.� 5. Apnel3anY' j Agplieant (if" other than owner): Address: Phone I�TUmbers: Business Resic3ence Cellulaz 6 Stat� specincally w�a# is being a�peaIed and �rhy EUse aa attachment if necessary): .L QIti"L C1 �Pn,inn �n n r�r�4on...� � d._ .C. 1� ._ 1 ii. �.. � ��L:p 8.o v�� is ` t��e� tne �o aul�r-es5 �.�e�� c�.ald,�atz� � NOTE: $2 .OU.Yllmg fee made payable tQ th ty of aint Paul must accompany this application as a e e; necessary condition �or. fiIing, you must attach a copy of the originai orders anQ �y other correspondence relative to TYus appeal. AnypersoA t by the final decision of the City Council may obtain judiciai review by hmeIy filing of an action as provided by law in Dishict Court k'or O�ce Use Date Received: Fee Received: Rec �rl� j� y �y`'�� City: State: Number: � Date � il0.l`� ---� - -> ��e- Ci , � s �, �� S cl�s�da �� '�6 {-� v � \ u {?�et' �rycpl�e�u f.leah f f , / . espz� a�r,� � a� l y% -�� i'e�,.''��.� �--., o9-izi� � �� k�.�- �1�� .�.. ct�� a�.,1 ��- � � ��.�� il�e. 4 / �o.i�t�5� �, v `� � �� C�'Z. `�aG'i.�l� �;,� i.� s. �,i,rec� �' � �.�� 0 (�6�t�' fi�-�� .L ��t� �e�� t�e r�,C �� Si.� csZ �Q� � `�� C��t'2� ��_ C�� CI�CI� �'`�-e�,� l'�} S � �c� � C��r�c� �,�er � ��.�.\ �..� �1�`�i�nns -�, �� c� �v,. c�� ir�j�e (��eA�. i� � 51,�r� ��'iac� U ��, �e�,�� .. r��, -�ctA.s-u� � C��M.c{�� 0 Y" ��` � �J �� 1C�� i,��;—�. �.3�-�. �`�S � �- ��.x� ��z,ra..e.� �'�, �, �Gs� �, � �,��eo.� ��..r��S�ti� � �"t � t�r�2 , �,S(;� �'e-6�'�ltl, s .. � �ss� t5 UZ'Lti h.�"� C��c �e � � ��„�' �,S �e ' � � � � � � �� - �`"� �-- ��ks c�.�-�. ��; ��, � . � 2�ti r��ss � � �� L�. �,� C��E��C� �� `�' G�s'�-- � � �� s�y�� S5 t�s �i �,�c��.� a l , i 1�,��S�S� i � �e-�� 81 �, � �, c� �l�t�� ce�c�L� � � � �h r�s � ��;�,-� � � � �r � � �� M�� 09-1217 DEPARTMENT OF SAFETY AND INSPECTIONS Richard Lippert, Manager of Code Enfarcement CITY OF SAINT PAUL Christopher B. Coleman, Mayor September 23, 2009 Rita Rae 835 Brown Ave St Paul MN 5510�-3151 Dear Sir or Madam: 375 Jackson Slreet, Suite 220 SaintPaul, MNS�I07-/806 Rita Rae 1410 Cazling Drive St Paul MN 55108-5339 Telephone: 651-166-8989 Facsrmile� 651-266-19I9 Web.�vnvw m 1 0 /ds" 835 SROWN AVE is a Registered Vacant Building that requires a Code Compiiance Inspection per the Vacant Building Statute (Chapter 43). This inspecfion can be obtained by calling the D.S.I. Code Compliance Program at (651) 2b6-8989. This dweliing can not be occupied without a Certificate of Code Compliance. Call (651) 266-8989 for a permit sign-off. THE VACANT BUILpING R� GISTRATION FORM AND REGIS'PRATION FEE MUST BE RECEIVED BY THE VACANT BUII.DING PROGRAM BEFORE DSI MAY ISSUE PERMITS. Violation of the Vacant Building Statute (Chapter 43) will result in the issuance of a criminal citation. Written permission from the City of Saint Paul is required before a Category 2 or Category 3 Vacant Building can be sold. Requirements that must be met for Categorv 2 vacant buildings include: 1. register/re-register the building, 2. Pay outstanding fees, 3. obtain a code compiiance report, 4. submit for approval a rehab cost estimate from a licensed contractor and a schedule for compfetion of all code compliance work, and 5. submit proof of financial responsibility acceptable to the City. In addition to meetin�i $(fivel of these reauirements a Cateeorv 3 vacant building must obtam a Certi£cate of Occupancy or a Certificate of Code Compliance prior to the sale of the building. If you have any quesrions you can ca11 me at the number beiow. PROPERTIES THAT ARE SUSPECTED TO BE ILLEGALLY OCCUPIED ARE SUBJECT TO INSPECTIONS AT ANy gp[Jg OF THE DAY OR NIGHT. Sincerely, Dennis Senty 651-266-1930 Vacant Buildings Code Enforcement Officer 0 o9-iai� ;tiaixr iPAV(. �� iAA�A CITY OF SAIiVT PAliL Chrestopher B Coleman, Mayo� DEPARTMENT OF SAFETY AND INSPECTIONS F�re Inspection Drv�smn Bo6 Kessle>, Direcior 375 Jockson Sveet, S'u�ee 320 Telephone 65/-?66-8989 Sn!ntPaul,Mmnesatn55101J80G Fncs+mile 6�1-?66-895/ Web NnW� 5[D6llI QO �AS September 22, 2009 RITA RAE 1410 CARLING DRNE ST PAUL MN 55108-5339 RE: 835 BROWN AVE Re£ # 11�'{-'{74 Dear Property Representanve: Your building was mspected on September 22, 2009. The buildmg was found to be unsafe, unfie for human habitahon, a public nuisance, a hazard to the public welfare or otherwise dangerous to human hfe. A Condemnation Placard has been posted on the buildmg. The following deficiency list must be completed immediately or the building vacated. A re-mspection will be made on or after October 22, 2009. CONDEMNATION OF THE BUILDING REVOKES THE FIRE CERTIFICATB OF OCCUPANCY. Failure to complete the correchons may result in a criminal citation. The Saint Paul Legisla4ive Code requires that no bwldmg be occupied without a Fire Certificate of Occupancy. DEFICIENCY LIST Basement - Dryez Vent - UMC 504.6 - Provide, repair or replace the dryer exhaust duct. E�aust dnct; ;or do:,lestic clothes dryers shali be constructed of inetai and shall have a smooth mtenor finish The exbaust duct shall be a minimum nominal size of four inches (102 mm) m diameter. The entire e�aust system shall be supported and secured in plaee.-Replaee dryer vent with solid aluminum ventmg. 2. Basement - Utility Room Ceiling - MSFC 605.4 - Discontmue use of all mulh-plug adapters.- Remove plug adapter from ceilmg light fixture m utility room. Plug ceilmg light fixiure directly mto outle[. Basement - West Egess Wmdow - MSFC1026.1 - Provide and mamtam an approved escape wmdow from each sleeping room. The minimum size must be 5 square feet of glazed area wrth a mmimum of 24 mches of openable height and 20 inches of openable width. With a fimshed sill height not more than 48 inches. Refer to provide handout EW-1 for more information.-Pnor permit expired for new crank out wmdow m basement. Pull permit and bave work inspected by proper building inspectar at 6512669090. An Equai Opportunity Employer ��i� �� 09-1217 � � 9 "� � G� �, l�� T� C� c� ��` I�,� � 31b 4. Bathroom - Tiie Floor - SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Secure bathroom floor tile floor in upstairs bathroom. �. Exterior - East Entry Door - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door latch.- Repair east enhy door. Upon inspection door not shutting or lockmg wrthout force. 6. Exterior - Fence and Garaee - SPLC 34.08 (5), 3431 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and defenorahon. Provide and maintain extenor unprotected swfaces painted or protected from the elements.-Replace, repair or remove north fence gate. Gate does noT lock. Repair damaged southwest comer of garage. 7. Exterior - Garage - MSFC 605.6 - Provide electncal cover plates to all outlets, switches and �unct�on boxes where m�ssmg -Install m�ssmg outlet weatherproof cover on garage. 8. Extenor - Mulhple Staircases - SPLC 34.09 (2), 34.32(2j - Repau or replace the damaged guardrail in an approved manner. This work may require a permit(s). Call DSI at (651) 266- 9090.-Secure east and north guardrails to cemeni staircases. Repair damaged balustrade on west wooden staircase. 9. Extenor - Tree House - SPLC 34.23, MSFC I 10. i- This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re-inspected and approved by this office.- Remove tree house from east h�ee in front yard. 10. Intenor - Garage and House - MN Stat 299F18 - Immediately remove and discontmue excessive accumulation of combustible materials.-Reduce storage in garage by 75%. Reduce storage in basement by 50%. ] 1. Interior - Throughout - SPLC 34,23, MSFC I 10.1 - This occupancy is condemned as unfit for human habitahon. This occupancy must not be used until re-mspected and approved by this office.-Feces and urine found all over basement floor. 2 dogs and 1 cat living in basement. 12. SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contraetor which must mclude a carbon monox�de test. Submit a completed copy of the Saint Paul Fire Marshal's Ex�sting Fuel Burnmg Equipment Safery Test Report to this office. 13. SPLC ;4.02(c) - Comp;ete and sign che provided smoke detector affidavit and retum it to th�s office. You have the right to appeal these ordexs to the Legislative Hearing Officer. Applicafions 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 vnthin 10 days of the dat�o-�the original orders. ..-^ ' � `�� *�� If you have any questions, you may contact me at 651-266-8982. �� ;) L' �'" �., E Smcerely, � � �C'�" Sean Westenhofer v C�1��-� � L�'�� Fire Inspector ��t� � a�e� - g� ga � �iMq yL,av�-- 1 �� Email: sean.westenhofe@cistpaul.mn.us �ip��,ry �te£ # I 14474 �� `� � �� ia �;"1 . ��' � �t?'` ��;" �'" � .�� U �� k �l� �� c�.��c�c� � ? - �F'F f I� �n i �.... . 4 - � � @ \ �� -�i ��` , 09-1217 October 6, 2009 Legislative Hearing Minutes Page 13 Appeal of Rita Rae to a Certification of Occupancy Condemnation for property at 835 Brown Avenue. Rita Rae, property owner, appeared with Peter Brandl. Inspector Supervisor Leanna Shaff, DSI — Fire, stated that a complaint was received on September 21, 2009 regarding excessive storage and sanitation in the basement Inspector Westenhofer inspected the property on September 22 and inspected all azeas of the house. He found multiple deficiencies including two dogs and one cat that there locked in the basement with feces and urine all over the basement floor. He also found excessive storage in the basement and in the garage. At the time of the inspection, the tenant had her station wagon all packed up and ready to move out. The tenant indicated to him that she had contacted her Section 8 worker that she was moving. Due to the conditions the inspector found at the properry, he immediately condemned the building, posted placards and refened the property to the Vacant Building Program. Animal Control was also called to remove the two dogs and the cat from the basement. Ms. Rae stated that she had lived in the house for over 16 years and had moved out on August 8, 2009 into an aparhnent which was closer to her kids' school. She said she had a lot of issues with excessive storage at the property and had worked with the city on resolving her issues. She had since fixed up the upper level and was renting it out. She had been living in the lower-level, walk- out basement which she categorized as a mother-in-law apartment but was not ready to rent out that �,nit at this time. She said the day the tenant moved out, she had scheduled another tenant to move in. She didn't believe it was fair that she didn't receive notice of the inspection; that the building was immediately condemned, and had only been vacant far two weeks and then was referred to the V acant Building Program. Ms. Moermond stated that the city operated on a complaint system and whenever a complaint was received concerning a property, an inspector was sent out to inspect and did not usually contact the property owner in the case of a rental property. Inspector Essling stated that there was long history of violations at this property and several social service agencies had been involved to assist Ms. Rae. When he received the complaint on the smell of feces and ur9ne in the building, he referred the matter to Inspectar Westenhofer. He said the property was not legally zoned to be a duplex as there was no separation between the upper 1eve1 and lower level units. He said in order for the property to be converted to a duplex, it would require zoning approval. Ms. Shaff stated that the mechanical code also required two separate heating sources in a duplex. Ms. Moermond asked about the pet situation. Ms. Rae responded that she couldn't take the two dogs with her when she moved to the apaxtment. The tenant had agreed to keep the cat and the two dogs; however, the tenant then decided she didn't want them. Since the tenant had moved out, she found a temporary home for the dogs with a nei�bor at 867 Oakdale and she took the cat to live with her. Ms. Moermond suggested she contact a rescue organization who would be willing to find homes for the two dogs since she couldn't keep them. She asked whether there were any sleeping rooms in the basement. Ms. Rae responded that she had installed an egress window in the basement; however, it was no longer being used as a bedroom. 09-1217 October 6, 2009 Legislative Hearing Minutes Page 14 Ms. Moermond stated that the conditions found at the property justified an immediate vacate and the classification of a category 2 vacant building was appropriate under the circumstances. She recommended denying the appeal on the condemnation and order to vacate and indicated to Ms. Rae that she must obtain a code compliance inspection and would need to bring the property up to code before the property could be re-occupied. She said she wouid waive the vacant building fee for 90 days which fee could be pro rated if the repairs were not completed within that time. She suggested to Ms. Rae that if she wanted to convert the building to a duplex, she would need zoning approval to do so. Mr. Essling suggested Ms. Rae contact Reid Soley in DSI to discuss the process of filing a zoning application.