Loading...
09-1355Council File # �� ���� Green Sheet # 3090796 Presented by RESOLUTION CITY OF S�-�PAUL, MINNESOTA .� >�r �� i BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heard at public hearing on December 2, 2004 hereby memorializes its 3 decision to certify and approve the November 3, 2Q09 decision of the Legislative Hearing Officer for the 4 following address: 5 6 ADDRESS APELLANT 7 8 401 Front Avenue Thomas G. Poole 9 10 Decision: Deny the appeal. Carter Bostrom Hanis Helgen Stazk Thune Adopted by Council: Date Adoption Ce�rtifi �by Coun ' Secretary BY� — � — / / - �_�L%5�,� Approved by Mayor� Date �2 ( �y2%� ,/ �-{ ��— BY� �trzc,t`�/ �t.c-tik v Requested by Department of: � Yeas J Form Approved by City Attomey B Y' ✓ /� Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � i�GI—l���' DepartmenUOfflce/Council; Date Initiated: � � � co_�°°°°�� o8oE�2oo9 Green Sheet NO: 3090796 Contad Person & Phone: Departrnent Sent To Person InitiaVDate Marcia Moertnond � o ounca �� 6-8570 1 onacil De artmentDirector A55ign y ' Clerk Ci Clerk Must Be on Council Agenda by {Date): Number 3 0 Routing 4 � p� T RESOLU710N Ortler 5 E-Document Requiretl: Y Document Contact: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Ciip All Locations for Signature) Action Requested: Resolution memorializing City Council action taken December 2, 2009 denying the appeal for properiy at 401 Front Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this persan/firm ever worked under a wntract for this department? CIB Committee Yes No Civil Service Commissbn 2. Has this personffrm ever been a city employee? Yes No 3. Does this person�rm possess a skill not normatly possessed by any cuttent ciTy employee? Yes No Ezplain all yes answere on separete sheet antl attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges IfAppmved: DisadvanWges If Approved: Disadvantages If Not Approved: Total Amount of CosURevenue 6udgetetl; Transaction: Funding Source: Activity Number: Financial Information: (Explain) December 8, 2009 826 AM Page 1 4 Cli> OA R > Q CITY OF SAINT PAUL � ° ��� CTTY CLERK'S OFFICE 09-1355 October 29, 2009 Thomas G. Poole 2182 Vinning Dr. Unit C Woodbury, MN 55125 RE: 401 Front Ave Dear Mr. Poole: Your appfication for an appeai has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Tuesday, IVovember 3, 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 wiil hear all parties relative to this action. Failure to appear at the hearing may result in deniaf of your appeal. Sincerely, ` J ��i��vl � Shari Moore City Clerk cc: teanna Shaff, DSI (Fire) Phil Owens, DSI (Fire} Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 4VEST KELLOGG BOUL6VARD, SUI1'E 310 SAINT PALJI, MIIVIVESOTp55302 TeL 6514668688 Fax; 651-266-8574 wwwstpavl.gov M AftSnnauve Acpon Equal Opponumry Empioyer SisC?+'T G .,, - l� )����i': 1. Address a ya _ AP'PLICATION FOR APPEAL Saint PauI City Clerk 15 W. geilogg Blvd., � 10 City Hall Saint Paul, Minnesota 55102 Telephane: (651) 266-8688 operty being Appealefl: Z. Number of Awellina Units; 3. Date F!?G n1+ /-lvt �. � io / ���Ef�IED ��� 2 9 20Q� 09-135 ��� ����� �f Letter ApF i �zz� y 4. Name of Owner. �T ��.,. s' G E t� �D P� c� L c �� v�r"F � Address: � 7[�Z v����n City: wa� :�b�.� 9tate: �___Zip: s z Phone Numbers: Business Residence 5. Appellant ! Applieant (if othez than owner): � Cellular �_ 3- Address: CitY: State: Phone Ntunbers: Business Residence Cellulaz 5 State speci�icalIy cvhat is being a�peated' and why (Use an attachment if necessazy): YS v 8;� ���.,l.�J ---r�,�-L , 22- 23 2 - f' �°. I {�tti. �. ( �p � � a�- 5 F n«� J t _ -,- �„d 9 fKVf�Q�1�Y O("j1 6 1 �_� i � � i �.S �!- C1�. /`lU � S kC+.FcI'S �. vo 2Ll (� ! �,f s��-� �.,�v..� i,e 1-� 2�� 2� +ca a a- c, a ,� � Je c., i . ,}.{...'� Z fJ � ??,�----�--� i30TE: A$25.00 filing fee made payable tr� the City of Saint Paul mus2 accompany this appHcation as a nec,ssary condition for fiiing. You must atta"ch a copy of the original orders and any other coQespondence relative to this aPpeai. Any persoa unsatisfied by the final decision of the City Council may obtain yudicial review by hmely fiHng of an action as provided by law in District Court. For O�fice Use �nly � Date Received: Fee Received: Receipt N�mber: Date of Aeaiing: J� �a,n ��n i-.�-,�. e n CITY OF SAINT PAUL Chrismpher B- Co(enian, Mayor October 22, 2009 THOMAS POOLE 2182 VINNIIVG DR UNIT C WOODBURY MN 55125-7583 RE: 401 FRONT AVE �� � � DEPARTMENT OF SAFETY AND INSPECTIONS Fire Inspution Division Bob Kessler, Director 375Jackson Streel. Suile 220 lelephorse. `6�FZ66+8%9 SnIa�P¢u[, Miarzesai¢ 55T0/-l806 Facsemde: 65l-266-895/ web- www sroau[ eov/dsi z�y� �` �'�'nf- ��S �..� �,r-c� � l,� r�t°"/ ��C��� - __,-°.. - .,�. -,_�_y- ._._, __ ,. .___ � Dear Property Representative: Your building was inspected on October 21, 2Q09. The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazard to the pubiic welfaze or otherwise dangerous to human life. A Condemnation Placazd has been posted on the building. The following deficiency list must be completerl immediately or the building vacated. A re-inspection will be made on October 30 2009. C4NDEMNATION OF THE BUTLDING REVOKES THE FIRE CERTIFICATE OF OCCUPANCY. Failure to complete the conections may result in a criminal citation. The Saint Pau] Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. T�Er tt �N�Y LiST V 1. ALLOW INSPECTION - REQUIl2ED FfftE CERTIFICATE OF OCCUPANCY - SPLC 34.19 - Provzde access to the inspector to all areas of the building � 2. BASEMENT - UMC 504.6 - Provide, repair or replace the dryer exhaust duet. Exhaust duets for domestic clothes dryers sha11 be conshucted of inetal and shall have a smooth interior finish. The exhaust duct shall be a minimum nominal size of four inches (102 mm) in diameter. The entire exhaust system shall be supported and secured in place. 3. EXTERIOR - FOCJNDATION - SPLC 3�.09 (1) a, 3432 (1) a- Provide and maintain foundation elements to adequately support this building at all points.-Complaint received of cracked foundation. Repair foundation. An Equal Opportunity Employer �4. EXTERIOR - FRONT ENTRY DO�R - SPLC 34.09 (3), 3432 (3) - Repair and m�i�t�i� the door in good condition.-Repair or replace door to properly function. �5. EXTERIOR - MSFC 10033.1.8 - Remove unapproved locks from the exit doors. The door must be operable from the inside without the use of keys or special knowiedge or effort.-Immediately remove the screws from the front entry doors. .Q L� EXTERIOR - SPLC 34.08 (3) - Provide and maintain suitable ground cover on all exterior areas to control erosion. EXTERIOR - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewaiks, walkways and stairs. EXTERIOR - SPLC 34.08 (2) - Provide and maintain the property grade to slope away from ihe building to minimize the accumuldtion of water near the building. This work may require a permit(s). Call DSI at (651) 266-9090. C 9. EXTERIOR - SPLC 34.09 (1) b,c, 3432 (1) b,c - Provide and maintain all exterior walls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.-Repair all holes to eliminate squirrels and paint. 10. EXTERIOR - SPLC 34.08 (7) - All parking spaces shall be paved with asphalt, concrete, or durable dustless surfacing. Before any existing spaces may be paved, site plan approval must be obtained as specified in the St. Paul Zoning Code. Contact DSI Zoning at 651-266-9090. � I1.. - �l'2. / i? C� EXTER?rJR - SPLC 45.03 (6) - Cut and maintain the grass/weeds less than 8 inches tall. EXTERIOR - SPLC 34.09 (2) 34.32 (2) - Provide an approved guardrail with intermediate balustrade or rails 4 inches or less apart. This work may require a permit(s). Call DSI at (651) 266-9090. FX'I'�RFOB - SPLC 34.09 (2) 34.33 {2, -�r�vi3e a� �ggrove�? ha^::�sa:l. Th� .op of tY��e handrail must be betv✓een 34 and 38 inches above the treads and run the entire length of the stair. L 14. EXTERIOR - SPLC 34.09 (2), 34.32(2) - Repair or replace the unsafe stairways, porch, decks or railings in an approved manner. This work may require a permit(s). Call DSI at (651) 266-9090.-Repair the front porch to code-Permits required. � 15. INTERIOR - ELECTRICAL - M5FC 605.1 - Repair or repiace damaged elech fixtures. This work may require a permit(s). Call DSI at (651) 266-9090.-Abate ali electrical problems includin; al] outlets, electric heating systems and fixtures which are inoperable. 16. INTERIOR - RODENT EXTEMINATIGN - SPLC 34.08 (4), 34.31 (2) - Extermir�e 1355 and control insects, rodents or other pests on all exterior azeas and in accessory structures.-Provide documentation of extermination by a licensed exterminator. Repair/seal up all sources of entry for rodents, mice, roaches and squirrels. L � TNTERIOR - SPLC 34.10 (7), 3433 (6) - Repair and maintain the ceiling and walls in an ��� approved manner. Complaint received or defective wails/ceiling in bathroom/peeling paint.-Patch the holes and/or cracks in the ceiling/walls and paint in an approved manner. 18 �9. �U. INTERIOR - SPLC 34.23, MSFC 110.1 human habitation. This occupancy must this office.-Home is �co �emned base a� nc „�lufn�i�� and elecficai ha This occupancy is condemned as unfit for by to INTERIOR - SPLC 34.11(5), 34.34(2), SPC 4715.0200Q - Provide adequate hot water beriveen 120 degrees F and 130 degrees F: The hot water is testing at over 14� degrees. The pipes are also testing over 130 degrees and are not protected which is a hazazd. INTERtOR - SPLC 34.1 l, SBC 2902.1, SPLC 3417, MPC 4715.0200.0 - Provide an approved number and type of pltunbing fixtures.-Hire a licensed plumber to certify that the plumhing and fixtures are installed to code. Repair the broken toilet in unit O1 and the leak from the bathroom of unit 02 coming into the ceiling of unit 01. 21. INTERIOR - MSFC 605.1 - Remove unapproved exposed wiring and install in aceordance with the eleetrical code. This work may require a permit(s). Cali DSI at (651) 266-9090.-Hire a licensed electrician to certify the electrical fixtures, panel and outlets throughout the building are installed to code and secure the second floor light switch in the staircase. 22. TNTEI2IOR - MSFC10261 - Provide and maintain an approved escape window from e?CJ'� S�°@�La iCSCTL�. TI'!E T3;P3?T1�^? S?Z.°'-1�L�:��20 $ S(,�L'2..r� �C.°.� C��&S$G di'B3`::3�u 2 minimum of 24 inches of operable height'and 20 inches of operable width. With a finished sill height not more than 48 inches. Refer to provide handout EW-1 for more infomlation.-Provide legal egress windows, one bedroom not able to access window which is smaller than the second bedroom ihat measured 21H x 23W in unit Ol, and 21 1/2 H x 24W in child's room of unit 02. � 23. INT"ERIOR - SPLC 34.11 (� - Provide and maintain a minimum of 68 degrees F in all habitable rooms at all hmes.-Repair all baseboard heating umts. �24. INTERIOR - MSFC 703 - Repair and mairtain the required fire resistive conshuction with approved materials and methods. This work may require a permit(s). Call DSI at (651) 266-9090.-Maintain one-houz separation between dwelling units, and in common areas. ��� �5 � � �27 � � 29. �30. 31 kitchen counter iri unit 02. INTERIOR - SPLC 34.10 (7), 3433 (6) - Repair or replace and maintain the woodwork in an approved manner.-Repair broken bathroom cabinets in unit O1 and secure the 09-1355 ITNIT 02 - MN Stat. 299F362 - Immedi�itely proeide and maintain a smoke detector located outside each sleeping area.-Repair hanging smok�e detector. UNIT 02 - SPLC 34.10 (3), 34.33(2) - Repair or replace the damaged handrail in an approved mannPT IJNIT 02 - SPLC 3410 (7), 34.33 (6) - Repair and maintain the walls in an approved � manner.-Repair or replace the damaged or deteriorated wall coverings in the rear � entrance/exit of unit 02 TmmPd;arPty rPmnvP all exroosed nails in the en /e 't�u UNIT 02 - MSFC 605.1 - Repair or replace damaged electricai appliance wiring. This work may require a permit(s). Call DSI at (651) 266-9090. SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. SPLC 39A2(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 Legislative Hearing Officer. Applications for appeals may be obtained at the Office of the City Clerk, 310 City Hall, City/County Courthouse, I S W Kellogg Blvd, Saint Paul MN 55102 Phone: (651-266-8688) and must be filed within 10 days of the date of the original orders. If you have any questions, you may contact me at 651-266-8988. Sincerely, Lisa Martin Fire Inspector Email: lisa.martin@ci stpaul.mn.us Ref. # 114194 cc: Force Unit cc: District Council November 3, 2009 Legislarive Hearing Minutes Page 11 Appeai of Thomas Poole to a Certificate of Occupancy Revocation, which includes 09-1355 Condemnation, for property at 401 Front Avenue. Thomas Poole, appellant, appeared. Cassandra Netzke, attorney with SMRI.S, appeared on behaif of the tenant, Sasha Campbell. Ms. Moermond asked for a report from the inspector. Leanna Shaff, Inspector Supervisor, DSI — Fire, stated that Inspectar Martin inspected the property on October 21, 2009 on a complaint and condemned the property based on the following: doors were screwed shut, general lack of maintenance; plumbing and electrical hazuds; and the water was scheduled to be shut off due to non-payment. Ms. Shaff presented photos which she believed indicated ttie general lack of maintenance of the property. She said she had talked to the property owner prior to the hearing and believed he now had a better understanding of the process and what needed to be done in order to 1ift the condemnation. ' Ms. Netzke stated that there was an emergency tenanYs remedies acrion (ETRA) on October 29 which was continued to November 10. She said her client was continuing to live at the property and she was at tlais hearing to determine whether her client could conrinue remaining at the property. She said there were still some life/safety issues which needed to be addressed; however, she believed a lot of the work had been done. She said she was going to request a continuance of the ETRA heazing as it was her desire to have Ms. Shaff testify in court and she was unavailable on November 10. Ms. Shaff noted that electrical permits had been pulled, the plumbing was being done and the egress windows had passed under the code compliance inspection which had been signed off on in April 2009. The main issue was the front door was screwed shut and the property owner indicated he would take care of it after this hearing. Mr. Poole stated that it was his desire to resolve the condemnation arder and indicated the repairs were almost completed. He believed he could have everything done by Friday, November 6 and asked what he should do in that case. Ms. Shaffresponded that if the repairs were done by Friday, he could call her and she would go out and inspect the property herself and would notify the hearing officer of the results. Ms. Moermond recommended continuing the hearing to November 24. In the meantime, the condemnation remains in place and the vacate date is stayed pending the completion of the repairs and the outconle of the court hearing concerning the ETRA. November 24, 2009 Legislative Hearing Minutes Page 9 9. Appeal of Thomas Poole to a Certificate of Occupancy Revocation, which includes�9-1355 Condemnation, for property at 401 Front Avenue. (Continued from November 3) Thomas Poole, appellant, appeazed. Ms. Moermond asked for a report from the department. Leanna Shaff, Inspector Supervisor, DSI — Fire, stated that Inspector Martin had received a phone call at 8 a.m. that morning from Mr. Poole requesting she go out and inspect the property priar to the hearing which she was unable to do due to previously scheduled appointments. It was her information that building inspections had been to the property to sign off on the permits as being done; however, she did not feel comfortable giving a sign off without Inspector Martin also making an inspection. She said Inspector Martin was scheduled to re-inspect the property on Tuesday, December 1 at 10:Q0 a.m.; Housing Court was also continued to Tuesday, December 1 at 1;30 p.m., and she requested this matter be continued until after the inspection and the inspector signed off as the work as being done. She said that at the TRA hearing on November 17, it was her information that Mr. Poole had not made any of the repairs to the interior of the building and had installed the deadbolt on the front door backwards, effectively locking anyone inside of the house. Mr. Poole stated that he had contacted Inspectar Martin at 6:30 am. that moming and she indicated to him that she likely wouldn't be able to get out to the building until the scheduled inspection on December 1. He said he had worked on the upstairs unit first because of the 1ega1 issues with the tenant. When the building lnspector was there, he showed him the door lock and the rail which the inspector said were in compliance. He said he felt very fiustrated because Building Inspections and Fire Inspections seemed to require different things. He said he didn't believe the condemnation should conrinue and asked that it be lifted. Ms. Moermond recommended continuing the hearing to December 1 at 3 pm to obtain the results of 10 am fire inspection and the 1:30 pm court hearing.