09-1323Council File # 09-1323
Green Sheet # 3089096
RESOLUTION
OF SAINT PAUL, MINNESOTA
/�
Presented by
1
2
3
4
5
6
7
8
9
10
BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
hearing record and testimony heard at public hearing on November 18, 2009 hereby memorializes its
decision to certify and approve the November 10, 2009 decision of the Legislative Hearing Officer far the
following address:
C1��:7RT.Y.`�
435 Banfi1 Street
APELLANT
David R. Busch, DRB #24 LLC
Decision: Deny the appeal.
Adoption Certified by Co eil Secretary
By: � �
Appr�Y . Date Z ` !`)
B
Requested by Department of:
�
Form Approved by City Attomey
B
Form Approved by Mayor for Submission to Council
By:
Adopted by Council: Date /?��d? �dCI
� Green Sheet Green Sheet
09-132`
Green Sheet Green Sheet Green Sheet Green Sheet
�
DepartmenUOffice/COUncil: Date Initiated:
co_�°°°G ZoNO�2oo9 Green Sheet NO: 3089096
Contact PersOn & Phone: Department Sent To Person InitiallDate
Marcia Moermond y o onma 0
6-8570 1 oonc� De artmentD"uecior
��9� Z ' CI¢rk Ci Clerk
Must Be on Councii Agenda by (Date): Number 3 �
For 4 �
Routing
Doc.Type:RESOLUTION O�der 5 0
E-Document Required: Y
Document Contact: Mai Vang
Contact Phaie: 6-8563
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Resolution memoriali2ing City Council action taken November 18, 2009 denying the appeal for property at 435 Banfil Street.
Recommendations: Approve (A) or Rejed (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 person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Facplain all yes answere on separete sheet and attach to green sheet.
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
DisadvanWges If Approved:
Disadvantages If Not Approved:
Total Amount of
7ransaction: CostlRevenue Budgeted:
Funding Source: Activity Number:
Financial Information:
(F�plain)
November 20, 2009 1:06 PM Page 1
09-1323
F`
_ ° CITY OF SAINT PAUL
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5 °�° CITY CLERK'S OFFICE
November 3, 2009
David Busch
PO Box 16595.
St. Paul, MN 55116
RE: 435 Banfil St
Dear Mr. Busch:
Your application for an appeal has been received and processed.
Please attend the public hearing before the Legislative Hearing Officer on Tuesday,
November 10, 2009 at 11:00 a.m. in Room 330 City Hail and Courthouse to consider your
appeal concerning the above referenced property. At that time the tegislative Hearing Officer
will hear all parties relative to this action. Failure to appear at the hearing may result +n denial
of your appeai.
Sincerely,
, � , 1. ( Q� �
� ��-�`
Shari Moore
City Clerk
cc:
Leanna Shaff, DSI (Fire)
Phil Owens, DSI (Fire)
Marcia Moermond, Legislative Hearing Officer
Jerry Hendrickson, Deputy City Attorney
15 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUL, MINNESOTA55102 Tel: 651-266-8688 Fae: 651-266-8574 wwwstpaul.gov
M Affirmative Acnon Equal Qppo�tumty Employe�
09-132�
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C�TY �CERlC
Appealed:
Adtiress: ��}' � {� �t'l6 /h f f City: �f P�,Q State: �� �ip:�
Phone Numbe .r 3i iness �' � ��7J �yJ � Residence _ _ Cellul�/a 7 �0/4<
5. Appellant / AppSieant (if other than owner}: . .
Address: City: State:
Phone Numbers; Business
Resideece
Cellular
b StaTe specifieally what is being appeal€d' and wk�y (iise an attachment if necessary):
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NOTE: A$25.00 filing fee made payable ta the City of 5aint Paul must accompany this appficazion as a
necessary.condition for. filmg. You must atta"cb a copy of the ariginal orders and any other correspondence reiative
to tius appeal• Any person unsatisfied by'[he final decision of the City Councii may ohtain}udicial zeview bq
timeIy filing of an action as pzovided by law in District Cotut.
�e xeceivea: I Fee Received: I Receipt Number: Date of Hc
!rf 3/�� �?.5 I ;l���f� �
APPLICATION FOR APPEAL
Saint Paul City Clerk
15 W. Kellogg Blvd., � 10 City Hall
SaintPaul, Minnesota55102
Telephone:(651)266-8688
Properry be�ng Appealed: 2. Number of pwelliug Uni#s: 3. Date of Le
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09-1323
DEPARTMEIdI' OF SAFES'Y Ah� INSPECIlONS
Fire Inspec[iort 6ivisiou
Bob Kessler. Uirector
CITY OF SAINT PAUL
ChristopherB. Colemnn, Mayor
3751ockscvi Stree{ Suite 2?0
Saurt Pmd, Irtvmesom 55101-IBOS
Te7ephane� 651-266-8989
FacsimtZe: 651-266-8931
Web� wvnaslnm<Z.eov(dci
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% Octobe 12 2r 009 � �
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DAVID BUSCH
DRB#24 LLC
PO BOX 16595
ST PAUL MN 55116-0595
RE 435 Bt�.NFIL ST
Ref. � ii3�77
Dear Property Representative:
r, t f �i �`� x`�` ;.' t
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Your building was inspected on October 21, 2009.
The buildina was found to be unsafe, ucffit for human habitation, a public nuisance, a hazard to
the public weifare or othezwise dangerous to human life. A Co�dess�aation Placazd has been
posted on the building.
The followinQ deficiencv list must be comnle#ed immediatelv or the baildin� vacated.
A reinsp�c#ion wfil] 6e made on Noverasber 2, 2009 at 21:OQam.
CONDEMNATION OF THE BUILDiNG REV�KES ?'I-IE PIRE CERTIFICATE OF
OCCUPANCY.
Failure to complete Yhe conections may result in a criminal citation. The Saint Paul Legislative
Code requires that no building be occupaed without a Fire Certificate of Occupancy.
DEFICIENCY LIST
1. SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation.
This occupancy must not be used until re-inspected and approved by this office.
- I11R�EDIATELY REPAIIZ OR REPLACE THE BOILER. TENANT IS CURRENTLY
iTSINCs POFiTr�BLE HEATERS AS PRIMt�.RY HEAT SOURCB.
2. SPLC 34.11 (6) - Provide and maintain a minin�um of 68 degrees F in a(1 habitabie rooms
at a11 times. -IMMEDIATELY REPAIR �R REPLACE TIIE BOILER. TE:NANT IS
CURRENTLY USING POR'I'ABLE HEAT'ERS AS PRIMARY HEAT SOURCE.
3. SP� C 34.19 -?'rovide access to the u?spector to all areas of the buiiding.
An Equai C?pportunity Employer
09-1323
4 . EXTERiOR - REAR - SPLC 34.09 (1) b,c, 34.32 (I) b,c - Provide and maintain all
exterior walls free from holes and deterioration. A11 wood exterior unprotected surfaces must be
p3infed or protected from the elements and malntained in a prafessionat manner free from
chipped orpeeIingpaint. -Seal open area ofsiding neaz door.
S. EXTERIOB - REAR ENTRY - SPLC 34.09 (3), 3432 (3) - Repair afld maintain the door
in gaod condition.
6. EXTERIOR - SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window
screens, where missin�.
7. EXTERIOR - SPLC 34.04 (3), 3432 (3} - Provide or repair and maintain the window
screen. -All openable windows require a screen, repair or replace wherever missing oz damaged.
8. INT'ERIOR - BATHROOM - SPLC 34.10 (4), 3433 {3) - Pravide a batluoom floor
impervious to watez. -Repair flnoring ir a manner impervious to water.
9. INTERIOR - MIDDLE BEDROOM - MSFC 10033.1.8 - The door must be openable
&om the inside without the use of keys or special knowledge or effort. -Replace missing door
knob.
10. INTERIOR - WATER HEATER AND DRYER - LTMC 2213 - Install drip tee in gas line
in complianca with the mechanica3 code. This work may require a pezmit(s). Ca11 DST at (651)
266-90R0.
1 l. INTERIOR - SPLC �4.10 (7), 3�.33 (6} - Repair an& maintain the floar ux an approved
manner.
12. INTERI�R - SPLC 34.70 (7}, 34.33 (6) - Repair and mairstain the ceilittg in an approved
mannez.
13. INTERIOR - SPLC 34.1 Q(�), 34.33 (6) - Repair and maintain the wat�s in an approved
manner.
14. INTERIOR - MSFC b��.b - Pzovide electrical cover plates to all outlets, switches and
junction boxes where missing.
15. IN1`ERIOR - M3FG 6d5.5 - Discontinue use of extension cords nsed in Iieu of permanent
wiring.
16. INTERIOR - MSFC 605.1 - Repair or : eplace damaged elec� fixtures. This work
��ill require a permit(s). Cail DSI at (651 } 266-9�J90. -NO PEI2MI'I' ON FIT.E FOR
��.ECTRICA3. AL'I'ERAT`I�lwiS.
17. INTERIOR - IvISFC 505.1 Abatemeai of electrical hazards. Several tlzree grong outIets
found ungrounded. Properly wire or provide approved ontlets in accoraance with the electrical
code. This work must be eomgleted by a licensed electrician, under permit. Cantact DSI at 651-
26G-909Q. -!VO P�R1YIi'T PULLEI� E71V FILE ELE�'TItICAl � A.I.TERt�'I'I�NS.
09-1323
18. II�iTERIOR - UNIC 504.6 - Provide, repair or replace the dryer exhavst duct. lahaust
ducts fox domestic clothes dryers shatl be constructed of inefal and shail have a smooth interior
finish. The e�ust duct sBall be a m�»;mum nomivai size af four inches (102 mm) in diameter.
The entire exi�aust system shall be supported and secured in place_ T'his work will require a
pem Contaet DSI at 65i-266-909�.
19_ INTEI2IOR - SPLC 34.I0 {7j, 3433 (5} - Repair or replace �nd maintain the woodwork
in an approved manner.
20. INTERIOR - SPLC 34.10 {5), 34.33 {4), 34.16 - Provide and maintain interior in a clean
and sanitary condition. -Thozou�hly clean behind the stove.
21. SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor
which must include a carbon mono�de test. Submit a compieted copy of the Saint Paul Fire
Marshal's Existing Fnel Buruing Equipment Safety Test Report to this office.
22. 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 I.e� sla�ive Hearing Officer. Apglications for
appeals may be obtained at ttze ��ce of the City Clerk, 310 City Hall, City/County Conrthouse,
15 W Kellogg Bivrl, Saint Pau1 MN 55102 Phone: {651-266-8688) aud must be filed rvithin 10
days of the date of the original orders.
Tf you have auy questions, you may contact me at 651-266-8992.
Sincerely,
A.J. Neis
Fire Inspector
Email: adrian.neis@ci.stpaul.mn.us
Ref. � 113377
cc: Force Unif
cc: ➢istrict Council
04-1323
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November 10, 2009 Legislative Hearing Minutes Page 5
4. Appeal of David R. Busch, DRB #24 LLC, to a Certificate of Occupancy Revocation, which
includes Condemnation, for properry at 435 Banfil Street.
David R. Busch, appellant, appeazed. Inspector A. J. Neis, DSI — Fire appeared representing the
department. Inspector Matt Dornfeld, DSI — Vacant Buildings, also appeared.
Mr. Busch stated that he was appealing the condemnation and vacant building status as he wanted
more tune to complete the work. He requested an extension of rime for 30 to 60 days and then to
have the building re-inspected. Ms. Moermond clarified that the reason for the appeal was because
he did not want to be referred to the Vacant Building Program. Mr. Busch responded that this was
conect. He also didn't believe the conditions at the property warranted condemnation.
Ms. Moermond asked for a report from Inspector Neis. Mr. Neis stated that he inspected the
property on July 7, 2009 and issued orders noting ll code violations and scheduled a re-inspection
for August 7. On August 7, he spoke with Mr. Busch who said he wanted to appeal the orders that
were issued in July as he needed more time to make the repairs. At that time, he granted Mr. Busch
an additional three weeks and scheduled a re-inspection for August 27. On August 27, Mr. Busch
did not show up for the scheduled inspection and he issued a no-entry fee for the missed
appoinhnent. On September 1 l, he re-inspected the property and noted all of the same conditions
from fhe July 7 inspection in addirion to tall grass and weeds and a camper in the yazd that had an
extension cord running to the house. On September 23, he re-inspected the property again and the
issue conceming the camper had been resolved. On October 21, he inspected the property again
and Mr. Busch did not show up for the appoinhnent; however, the tenant allowed him access to the
building. He noted that violations from the July 7 inspecrion srill had not been corrected and that
the radiators had been removed and the tenant was using space heaters for heat. He condemned the
building and ordered the property vacated by November 2, 20Q9. On November 2, he inspected the
property and found the tenant had moved out and there were people warking inside. He indicated
that he was not granting additional time to make repairs and was referring the property to the
Vacant Buildings Program. He also noted that the water meter was leaking on the exterior of the
house. He presented photographs of the building.
Mr. Busch stated that the tenant vacated the property on October 30. He said he couldn't make any
of the repairs as noted on the deficiency list because the tenant wouldn't let any of his contractors
inside the house and had changed the locks.
Betty Moran, West 7�'1Fort Road Federation, appeared and stated that the conditions at the property
never change. She said the camper had been there far three months and two gentlemen were living
inside and as of that moming, the camper and a brown truck were at the property. She said the
previous tenant was a registered sex offender who didn't stay long and the tenant before that was a
problem family. The tenant who had just moved out was a good tenant; however, she expressed
concern with the conditions of the property as the woman had three children all under the age of
five. She said work was being done without permits and she believed the property should be
completely brought up to code before it could be re-occupied.
Mr. Busch responded that he would have to ask his contractar why no permits had been pulled. Ms.
Moermond asked Mr. Busch why none of the deficiencies dating back to the initial inspection in
July had been completed. Mr. Busch stated that the tenant would not let his contractor into the
house. He said he only rented to her because she would have been homeless and he had no idea that
09-1323
November 10, 2009 Legislative Hearing Minutes
Page 6
the furnace was not working. He said the brown truck that was there in the morning was likely the
plumber who was worldng on the leaking water meter. He said he would keep the property vacant
until all of the deficiencies on the list were completed.
Ms. Moermond stated that she believed the condemnation clearly met the definition of a vacant
building considering the number of deficiencies that had not been corrected in addition to the lack
of heat in the building. She recommended denying the appeal and referring the property to the
Vacant Building Program; a certificate of code compliance must be obtained before the property
can be re-occupied.