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09-1218Council Fite # 09-1218 Green Sheet # 3085536 RESOLUTION �� OF SAINT PAUL, MINNESOTA Presented by BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing record and testimony heazd at public hearing on October 21, 2009 hereby memorializes its decision to certify and approve the October 9, 2009 decision of the Legislative Hearing Officer for the following address: 6 ADDRESS 7 8 762 Thomas Avenue APELLANT Roxanne Deflorin 10 Decision: Appeal granted on the condemnation and ardex to vacate. Appeal denied on the summary ll abatement order and extensions granted far the following: the backyard, lean-to, pick-up truck, trailers, 12 deck, and eaterior storage must be brought into coinpliance by the close of business on Friday, October 23; 13 the front porch and the bricks on the deck must be brought into compliance by the close of business on 14 Monday, November 30. Carter Bostrom Harris ✓ Adopted by Council: Date Adoption Certified by Coun '1 Secretary By: /l�/lii,- f � Approved ayos Date l-� �.,�j � By: Raquested by Department of. � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council � � Green Sheet Green 5heet 09-1218 Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenVOffice/Council: Date Initiated: co-�°°°°�� 230CT2009 Green Sheet NO: 3085536 Contact Person 8 Phone: Department Sent To Person InitiaVDate Marcia Moertnond o oon�a [ � 6-8570 I ouncil De armieat Direcmr Assign 2 ' Clerk Cti Clerk Must Be on Council Agenda by (Date): Number 3 0 For 4 0 Routing Doc. Type: RESOLUTION Order 5 0 E-Document Required: Y Document Contact: Mai Vang ConWCt Phone: 6-6563 Total # of Signature Pages (Clip Ali Locations for Signature) AcGon Requested: Resolu6on memorializing Ciry Council action taken October 21, 2009 denying the appeal and extensions granted for proper[y at 762 Thomas Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contrscts Must Mswer 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 persoNfirm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges IfApproved: Disadvantages If Not Approved: Total Amount of Transaction: CosURevenue Budgeted: Funding Source: Activity Number: Financial Information: (EXplain) October 23, 2009 8:50 AM Page 1 09-121$ ,� �,,, o. ° ` CITY OF SAINT PAUL � � ��iP��om a . CITY CLERK'S OFFICE October 7, 2009 Roxanne Deflorin 762 Thomas Avenue St. Paul, MN 55104 RE: 762 Thomas Avenue Dear Ms. Deflorin: Your application for an appeal has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Friday, October 9, 2009 at 11:30 a.m. in Room 330 City Hal{ and Courthouse to consider your appeal conceming the above referenced property. At that time the Legislative Hearing O�cerwill hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. The Legislative Hearing OfFicer is allowing you to remain in your house until the hearing, but you must not use the generator. Sincerely, , / �i'�."�.uv� G �cn�'�� Shari Moore City Clerk cc: Steve Schiller, DSV (Code) Paula Seeley, DSI (Code) Joel Essiing, DSI (Code) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 YVEST KELLOGG BOULEVARD, SLiITE 330 SAINT PAUL, MINNESOTA55102 Tel: 651-2668688 Fae: 651-2668574 wwwstpaul.gov �,��� � �I I��E�:�i APPI�ICATION FOR APPEAL SantPaul City C'�erk 15 W. Kellogg Blvd., 910 City Fiail Saint Paul, Minnesota 55102 Telephone: (65I) 266-86$8 09-1218 0 ������� � ����' �� ����� of Property being Appeated: I 2. Number of 73welling Unifis: � 3. Date of I.et�cr ,�t. Name of Owner: �C?X r 6r d1�. �Q1 I Q� t t'� Address: �l/� .�i %�i f n�?n City: ��: �� State: /'��� ZiP:� Phone Numbers; Business Residence ��P� — �IC�J� CeIlulaz Signature: _ �a �I ���Sa'N �.�r �QKr x1i��' !JP �tfc��� - 1 5. AppeIIanY / AppIiearit (if nther than owner}: . . ° Addiess: City: State: Zip; Phone 1Vumbers: Business Residence Cellulaz �ignature: b Stat� specifieally w�a# is being a�peated' and Why (IJse an attachment if necessarq): t2 � n�� �,"�� u(��r�r n��2���,� fz �,SL�s96t�� r�Z�z�r �12�i�� �. 1 ,� NOTE: A$25.00 filing fee made payable TQ the City of Saint Paul must accom�any this appH�ation as a necessary condition for. fitmg: You must atqch a copy of the original orders and any other cosespondence relative to ttus appeal, Any persan unsatisfied bp the final decision of the City Council may obtain judicial review by rimely fiIing of an action as provided by law in Dishict Coiu�t. For O€fice Use Only r Date Received: Fee Received: Receipt Nnmber. Date of Hearing: Revised 4CLSfZOQ7 . 09-1218 DEPARTMHNT OFSAFETY ANDINSPECTTONS Rrchard Lippert, Man¢ger of Code Enforcement CTTY OF SAINT PAUL Christopher B Coleman, Mayor 375 J¢ckson Street, Suite 220 Telephone: 651-266-8989 SaintPaul, MN55101-1806 Facsimile.�65/-266-19I9 Web. wwwsmauLnov/dsi October 6, 2009 NOTICE OF CONDEMNATION AS UNFIT FOR HUMAN HABITATION AND ORDER TO VACATE Deborah L SchmidUGary V Schmidt 6884 8th St Ln N St Paul MN 55128-6224 Roxanne Kay Deflorin 762 Thomas Ave St Paul MN SS10A Dear Sir or Madam: The Deparhnent of Safety and Inspections, Division of Code Enfarcement, has determined that the dwelling and premises at 762-THOMAS AVE is "Unfit for Human Habitation". In accordance with Saint Paul Legislative Code, Chapter 34, Section 23, the premises will be placarded on October 7, 2009 and ordered vacated no later than October 7, 20Q9. Your attention is called to the following provisions of Section 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 an,y person for human habitation any structure or unit so condemned or placarded, and no person shall ocwpy the structure or unit after the date set forth in the placard and/or notice." THIS DWELLING SHALL NOT AGAIN BE USED FOR HUMAN HABITATION UNTIL WRITTEN APPROVAL IS SECURED FROM THE CITY OF SAINT PAUL; DEPARTMENT OF SAFETY AND INSPECTIONS, DIVISION OF CODE ENFORCEMENT An Affirmative Acnon Equal OpporiuniTy Employer 09-1218 Principle Violations: These deficiencies must be corrected before tlus condemnarion and vacate order will be removed. 1. Lack of Electricity. Immediately restore electrical service. Failure to provide proper electrical service will result in these premises being declared Unfit for Human Habitation and ordered vacated for lack of this basic facility. Use of candles, fuel operated li�hting or extension cord wiring is not permitted while the power is off. 2. Lack ofNatural Gas Service. Tinmediately restore natural gas service. Failure to provide natural gas service will result in these premises being declared Unfit for Human Habitation and ordered vacated for lack of this basic facility. 3. Immediately stop using the elechical generator at trvs house and disconnect all electrical cords from this generator. Authorization to reoccupy this/these dwelling unit(s) will not be given until it is demonstrated that all principal violarions have been conected and that no new conditions exist wluch could consfitute 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. Pemut information may be obtained from the Building Inspection and Design Section, 375 Jackson Street, Suite 220, (651) 266-8989. You may file an appeal to this norice by contacting 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 all times. � If you have any questions eoncerning this matter, please contact the Inspector, Steve Schiller, at 651-266-1915. 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 aw c: Community SYabilization Project I3AL0 - Southem Minnesota Regional Legal Services CITY OF SAINT PAUL DEPAR'PMEI�'T OF SAFETY AND �SPECTIONS DIVISION OF CODE ENFORCEMENT 375 Jackson Street, Suite 220 Saint Paul, MN 5�101-1806 SUMMA.RY ABATEMENT ORDER 09-1218 October 06. 2009 Inspecnon Date Date Mailed �.Viailed By (init) 09 - 293781 Yog hais tias koj hais lus Hmoob tlriab koj tsis to taub tsab ntawv no, hu rau tus txhais lus ntawm (651) 266-8989. Nws pab dawb �b.Si necessih un traductor, por favor 1lamanos al (651)266-8489. No costo. Deborah L SchuadUGary V Schmidt ROXANNE K DEFLORIl�T 6884 8th St Ln I�T 762 Tf30MAS AVE St Paul MN 55128-6224 , St. Paul, MN 55104-2747 As owner or person(s) responsible for: 962 THOMAS AVE you are hereby ordered to eliminate all nuisance conditions which are i¢ violation of Chapter 45 of Saint Paul Legislative Code. � Remove improperly stored or accumulated refuse including: garbage, rubbish, discarded furniture, appliances, velucle parts, scrap wood and metal, recycling materials, household items, building materials or rubble, Lires, brush, etc., from yard areas. TROM ALLEY AREA,THE LEAN- TO,THE TRAILERS,THE PICRUP TRUCK,THE HANDICAP RAMP,THE HOU5E DECK AND FROM THE FRONT PORCH. � � � � Cut and remove tall grass, weeds and rank plant growth. Remove and properly dispose of all animal feces from yard areas. IMMEDIATELY secure all buildings which are open to unauthorized entry, including: Other: If you do not cosect the nuisance or file an appeal before October 13, 2009, the City will correct the nuisance and charge all costs, including boazding costs, against the property as a special assessment to be collected in the same way as pzoperty taxes. Charees If the City corrects the nulsance, the chazges will include the cost of conection, inspection, 7xavel time, equipment, etc. The rate will be appsoximately $260.00 per hour plus expenses for abatement. You must maintain the premises in a clean condition and provide proper and adequate refuse storage at all times FAILURE TO COMPLY MAY RESULT IN A CRIMINAL CITATION Issued by: Steve Schiller Badge Number 343 Phone Number 651-266-1915 ' If you have any questions about this order, the requirements or the deadline, you should contact the Inspector listed above, Monday through Friday. A eals: You may appeal this order and obfain a hearing before the City Council by deadline noted above or seven (7) days afrer [he date mailed, whichever comes firsi. Comection Order with vour a�eal a�1' ation an appeal application with the City Clerk before the *WARNING Code mspect3on and enforcemeni mps cost the ta�ayers money Ii the violations are not correcte8 within the lime period required in this notice, the city's costs in conduct�ng a reinspecnon aRer the due date for comphance wi1] be collected from the owner rather than being paid by the taapayers of the ciry If addihonal new violarions are discovered within the next following 12 months. Ihe c�ry's cosCS in conducUng addi4onal inspecnons at thu same locanon withm such 12 months will be collecCed from the owner rather than being paid by the taepayers of the ciry'. Any such fuNre costs will be collected by assessment agamst the real property and are in addition to any other fines or assessments which may be levied against you and your property. 09-1218 MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVE/REPAII2, CONDEMNATIONS, ABATEMENT ASSESSMENTSAND ABATEMENT ORDERS Tuesday, October 9, 2009 Room 330 City Hall, 15 Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 11:30 a.m. STAFF PRESEN'I': Steve Schiller, Deparhnent of Safety and Inspection (DSn — Code Bnforcement; and Mai V ang, City Council Offices 1. Appeal of Roxanne Aeflorin to a Summary Abatement Order and Notice of Condemnation and Order to Vacate property at 762 Thomas Avenue. Roxanne Deflorin, appellant, appeared. Mr. Schiller stated that a complaint was received on October 5, 2009 that the property did not have power and there was a generator operating on the outside deck at the rear of the property. He contacted Xcel to confirm that the property did not have power and was told that the property owed an excess of $10,000 on the bill; the gas was shut off and the electricity had been cut at the pole. On Tuesday, October 6, he talked to the department manager, 5teve Magner, on what he should do and Mr. Magner instructed him to go out to the property and post a condemnation and order to vacate on the building, talk to the owner if they were available, and turn the generator of£ He went to the property the morning of October 6 with l�is supervisor, Joel Essling, and posted the condemnation and order to vacate on the front door. They knocked on the front door and there was no answer. They went to the rear of the yard and found a lean-to by the alley which had a pick up truck and trailers all of which were heaping with an over accumulation of materials; the deck had an over accumulation of materials, as did the front porch; and the handicapped ramp was in disrepair. He said he was most concerned with the front porch as it was piled floor to ceiling with only a very small pathway from the door into the house. He said emergency personnel would not be able to get through to the house given the tight conditions. He then issued a summary abatement order to clean up the property on the listed violations with a compliance date of October 13, 2009. He found the generator on the deck, with a gas can next to it, which had four cords running into the house. He said he and Inspector Essling had a very difficult time trying to turn the generator off because it was raining out. Mr. Schiller said there was a long history of violations at the property dating back to 2000. Orders included vehicles and multiple exterior violations over the yeazs. Ms. Moermond asked Mr. Schiller whether he had photographs of the violations at the property. Mr. Schiller responded that he did not because it was "raining ouP' at the time of the inspection. Ms. Deflorin stated that when she got home that afternoon, she saw the condemnation norice on her door and immediately called the inspector. When she talked to Mr. Schiller, he told her that "she had ruined his day by having to do the inspection in the rain" and when she said she wanted to file an appeal, he told her she couldn't file an appeal and that she wasn't the owner of the property. Mr. Schiller responded that he was inconect with that information and called Ms. Deflorin back to tell her she did have the right to file an appeal. 09-1218 October 9, 2009 Legislative Hearing Minutes Page 2 Ms. Deflorin stated that the house had been her parents' house which she had lived in since she was seven years old. She said Inspectar Kelly Booker in Fire had inspected her property on September 22 and sent the orders to her sister reg2rding the power shut of£ When she received the orders from her sister, she talked to Kelly Booker and was told that Ramsey County did not have her listed as an owner on the title. She did not understand why she was not considered the owner of the property since she had a contract for deed rvith her sister. She explained that she had some fmancial difficulties after she lost her job and her father passed away in 2004; the property then went into foreclosure. Her sister helped her out financially to regain title of the house by doing a contract for deed. She went on to explain that the lean-to was actually a carport which she had put up after her garage burnt down due to arson. Since she had lost her garage, she had also lost storage space and was using the carport, her pick up truck, the back deck, and a shed in the backyard for storage. She also said that the handicapped ramp had been built for her father as he used a scooter to get around. She said that as of Thursday, Xcel had restored the electricity and the gas to her house. Mr. Schiller asked if he could make a call to Xcel to confirm that the electric and gas had been restored. Ms. Moermond recessed the hearing far five minutes for Mr. Schiller to make the call. Mr. Schiller returned and confirmed with Xcel that they had received a partial payment from Ms. Deflorin and had a verbal agreement on a payment plan to pay off her outstanding debt. They had restored the electriciTy on October 8 and would be restoring the gas some time on Friday. Ms. Deflorin responded that both the electric and gas had been restored on Thursday. Ms. Moermond asked about the contract for deed and why it had not been recorded with Ramsey County. Ms. Deflorin responded that tt�e contract for deed had been filed last Friday, Octoher 2. Ms. Moermond indicated that it may take some time before the deed was recarded showing her ownership interest as the tax owner on the title to the property. Ms. Moermond asked Ms. Deflorin about the exterior items in the backyard, the deck, the lean-to, the pick-up truck, the trailers, and the shed. Ms. Deflorin responded that the shed was used for storage of her father's tools, an antique boat motor, rakes, shovels and was full which was why she had stored items on the deck and in the pick-up truck. She said some of the items were her boyfriend's as he liked to spend time at her house building a go-cart in addition to having other pieces of inechanical equipment. She said he could probably move his stuff to his mom's to be stored in her garage. She also said her boyfriend like to use the two trailers she had, which were stacked on top of one another, as a working surface. The scrap wood in the yard was going to be used to repair the fence. On the deck, she had the generator, lawn mower, snow blower, a baby gate, her father's old handicapped scooter, and a large air compressor. There were also some tires on a cement slab. Mr. Schiller asked about the enormous pile of bricks that were stacked on the deck and what she intended to use them for. Ms. Deflorin responded that she had a fire pit in the backyard and planned to use the bricks under and around the fire pit. Ms. Moermond asked about the storage on the front porch and expressed concern with the volume of materials. Ms. Deflorin responded that the items on the front porch had belonged to her sister who had passed away in 2004 which she was holding on to for her sister's children. She said she had a very difficult time, emotionally, parting with any of her family's stuff. She acknowledged that it could be better organized and she only stored it out there so the children could come whenever they wanted to take whatever they wanted. 09-1218 October 9, 2009 Legislative Hearing Minutes Page 3 Ms. Moermond asked Mr. Schiller whether the lean-to, in and of itself, violated the code in any way. Mr. Schiller responded that it did not; however, the stuff that was stored in it did violate the code. He said the deck was in good condition but again, the materials stored on the deck were in direct violation of the code. Ms. Moermond asked whether the house had an over accumulation of stuff as well. Ms. Deflorin responded that it did not. Ms. Moermond stated that everything should be stored in the house with the exceprion of anything that was gas powered which should be stored in the shed and that exteriar storage was not permitted under the code. She also suggested Ms. Deflorin contact Kay Wittgenstein in Ramsey County House Calls who could assist her with her issues conceming her emotional attachment to things that had been her deceased relatives. It was possible Ms. Wittgenstein could also assist her in getting a dumpster to get rid of the over accumulation of stuff stored on the exterior and interior of her property. Ms. Moermond stated that since Xcel had restored the power, she recommended granting the appeal on the condemnation and order to vacate. She recommended denying the appeal on the summary abatement order and granted an extension for the following: the backyard, lean-to, pick-up truck, the trailers, deck (excluding the bricks), and exterior storage must be brought into compliance by the close of business on Friday, October 23; the front porch and the bricks on the deck must be brought into compliance by the close of business on Monday, November 30. She told Ms. Deflorin that when the inspector goes out to re-inspect the property on Monday, October 26 and Tuesday, December 1 and if everything is not in compliance, he will issue a work order and the city would go out and do the clean up which would result in an extremely costly taac assessment. She said the generator was a huge safety concern and she should not operate it until she consulted with an electrical inspector concerning the proper operation of the generator. She told Ms. Deflorin that the she would ne'ed to consult with an electrical inspector at DSI to determine whether a permit was required to operate the generator as well as the proper operation of the generator.