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09-169Council File #� Green Sheet # 3066436 RESOLUTION SAtNT PAUL, MINNESOTA a� Presented by 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the January 2 20, 2009 decision of the Legislative Hearing Officer on the Appeals of Letters, Letters of Deficiency, and 3 Correction Notices for the following addresses: 4 5 Propertv Appealed 6 7 986 Minnehaha Avenue West 8 9 Decision: Grant a variance for the egress windows. 10 11 12 870 Third Street East 13 Appellant Edward Nguyen Kia Thao Lee 14 Decision: Deny the appeal and grant an extension for six (6) months for the egress windows in both units 15 to be brought into compliance. 16 17 18 719 Wilson Avenue 19 20 Decisions: Grant a variance for the egress windows. 21 22 23 263 Wyoming Street East 24 25 Jason Frey, ofblo KBD Investments Dauid Berg o/b/o EZ Lease & Lend, Inc. 26 Decision: Deny the appeal and the vacant building fee is waived for 90 days to allow the appellant to 27 obtain a Code Compliance certificate. 28 29 30 665 Frv Street Zoe Drookwimyternngbeh 31 o/b/o Glenda Spry 32 33 Decision: Deny the appeal and grant an extension to March 1, 2009 to install an approved furnace. If the 34 fumace is not replaced by March 1, the tenants will have to vacate the building. 35 36 37 969 Carroll Avenue 38 39 Decision: Deny the appeal. 40 Wayne Johnson d�'� ��1 41 � Requested by Department oE � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services By: Adoption Ceriified by Coundl Secretary BY� // //f�1�d�,iySD�J b��l (�q MINUTES OF THE LEGISLATIVE HEARING ON LETTERS OF DEFICIENCY. CORRECTION AND CORRECTION ORDERS Tuesday, January 20, 2009 Room 330 City Hall, 15 Kellogg Blvd. West The hearing was called to order at 1:35 p.m. STAFF PRESENT: Leanna Shaff, Depariment of Safety and Inspections (DSn — Fire Prevention; Dennis Senty, DSI — Code Enforcement; and Mai Vang, City Council Offices Appeal of Edwazd Nguyen to a Certificate of Occupancy Deficiency List for property at 986 Minnehaha Avenue West Property owner Edward Nguyen (8915 Highland Bay, Woodbury, MN 55125) appeared. Ms. Shaff gave a staff report. She stated that egress windows at the property had adequate openable width but were an inch short of the required 24 inches in openable height. Ms. Moermond asked whether the width had been measured. Ms. Shaff stated that it had not. Ms. Moermond asked that the measurements be taken in the future. Ms. Moermond stated that she would recommend granting a variance far the egress windows. 2. Appeal of Kia Thao Lee to a Certificate of Occupancy Deficiency List for property at 870 Third Street East Property owner Kia Thao Lee (433 20` Avenue S., S. St. Paul, MN 55075) appeared. Ms. Shaff stated that egress window dimensions were 16 inches high by 34 inches wide in the upstairs unit, and 16 inches high by 30 inches wide and 16 inches high by 32 inches wide in the downstairs unit. Ms. Moermond asked whether the property was a duplex. Ms. Lee stated that it was. Ms. Moermond asked whether anything other than the windows was being appealed. Ms. Lee stated that she was appealing the windows and that she needed more time to have them replaced. She stated that the second unit was considered homesteaded because her brother lived there and that only one unit was rented, but that the inspector had ordered that the windows in both units be replaced. She stated that she was having financial difficulties, and did not feel that the windows in the non-rental unit should have to be replaced. Ms. Moermond asked how much time was needed. Ms. Lee stated that she would need 90 days to replace all of the windows, or 30 to 60 days for just the rental unit. Ms. Shaff asked Ms. Lee whether she rented the unit to her brother. Ms. Lee stated that the house had been purchased for her brother and that he was listed on the property tax records. Ms. Shaff January 20, 2009 Property Code Hearing Minutes Q�� I� I Page 2 stated that relative homestead status was different from owner-occupied, and that both units were subject t ins pection. Ms. Moermond asked whether there was any intention for Ms. Lee's brother to share ownership. Ms. Lee stated that her brother was disabled and not qualified to �et a home loan. She said that it didn't make sense to her that the city considered the property a rental when she was not able to claim the property tas. Ms. Moermond asked whether the brother's disability was such that it would be difficult for him to exit the house in the case of a fire. Ms. Lee stated that her brother was mentally handicapped. Ms. Moermond recommended denying the appeal and granting a six month extension for the windows in both units to be brought into compliance. Appeal of Jason Frey, on behalf of KBD Inveshnents, to a Certificate of Occupancy Deficiency List for proper�y at 719 Wilson Avenue. Property owners Jason Frey (978 Aurora Avenue, #2, St. Paul) and Brett Hesley (978 Aurora Avenue, #2, St. Paul) appeared. Ms. Shaff gave a staff report. She said that the property was inspected on January 7, 2009 and that the inspector found that three of the four units did not have adequate egress windows. Mr. Frey presented window measurements and photographs showing that the egress windows in Unit 1 were 19 inches wide by 51 inches high, in Unit 2 were 18 %2 inches wide by 48 inches high, and in Unit 3 were 18 inches wide by 55 inches high. Ms. Moermond stated that the width shortfall was more than offset by the height and that she would recommend granting a variance for the egress windows. 4. Appeal of David Berg, on behalf of EZ Lease & Lend Inc, to a Certificate of Occupancy Revocation and Vacant Building Registration Notice for property at 263 Wvomin2 Street East. Appellant David Berg (711 Woodridge Drive, St. Paul) and his daughter Roberta Anderson appeared. Mr. Senty gave a staff report. He said that the property had been referred from Fire to the Vacant Buildings Program with a Category 2 recommendation on December 29, 2008, and that he had opened the Vacant Building file, sent the necessary paperwork and posted the property as a Category 2 Vacant Building on that date. Ms. Shaff stated that her department had responded to a complaint on December 19, 2008 for a water shut-off at the property. Orders were issued with a re-inspection date of December 26. The water was still shut off at that time, and the property was condemned. Per department policy, the property was referred to Vacant Buildings. January 20, 2009 Property Code Hearing Minutes (�� I j(//"1 Page 3 Ms. Moermond asked whether the property had been occupied at the time of the inspections. Ms. Shaff stated that it had appeaze t o b u noccupied at both vi sits._ __ __ Mr. Berg stated that he represented the estate of Betty Berg and was asking that the Vacant Building designation be rescinded. He said that the property had been rented to Rosalinda Flores Castillo since March 2008, and that there was a history of problems with the tenant. He stated that he'd initiated eviction proceedings on December 5 and that the tenant had signed the eviction notice. He said he had been out of town for the holidays from December 19 to 7anuary 8 and had been advised before leauing to complete the eviction process after his vacation, and that the letter from the city regazding the water shut-off was dated December 19. He said that he hadn't received any prior notice from the water department that the account was delinquent, and that, while he understood that the water service was associated with the property, the account was in the tenanYs name and she hadn't told him that the water was going to be shut off. He said that his brother had visited the property on December 24 and had discovered the notice, and that the house appeared to be occupied at that time. The police were called and the occupants were ordered to leave. When locksmiths went to the house to change the locks on December 26 they found that the house had been broken into. Mr. Berg said that he'd been trying since January 8 to contact the appropriate city personnel to resolve the issues. He said the delinquent water bill had been paid and service was reinstated. He also hired someone to provide snow removal service and that the walks had been shoveled. The tenant had caused a lot of interior damage to the apartment but that the most recent C of O had been issued in September 2008 and that he'd completed other repairs at the tenanYs request this past November. Ms. Moermond read the definitions of a vacant building and stated that four applied to the property. She said that a Code Compliance certificate was now required and that she would waive the vacant building fee for 90 days to allow Mr. Berg time to obtain the certificate. Mr. Berg stated that the fumace had been inspected recently and asked whether it would need to be done again. Ms. Shaff stated that that would be up to Mr. Seeger. Ms. Moermond asked Mai Vang to send an e-mail to Mr. Seeger requesting that the furnace inspection requirement be waived if it did not appear that the tenant had damaged the furnace. Mr. Berg asked how the vacant building designarion would affect the sale of the property. Ms. Moermond stated that the property could be sold "as is" and the buyer would be required to provide work and financial plans for the repairs, or the Code Compliance certificate could be obtained befare the sale and used in lieu of the Truth in Sale of Housing report. Appeal of Zoe, on behalf of Glenda Spry, to a Certificate of Occupancy Deficiency List for property at 665 Fr�Street. Appellant Zoe Drookwimyternngbeh appeared on behalf of the property owner, Glenda Spry. Ms. Shaff gave a staff report. She stated that on October 21, 2008 her department had received a complaint that there was no heat in all five units and that the fumace had been out of order since October 16. She said that they'd also received a complaint on October 20 that Xcel had red-tagged the furnace on October 16. An inspector visited the property on October 24 and the heat had been restored but there were other issues present. She stated that the furnace had been installed without a January 20, 2009 Property Code Hearing Minutes ��� � U/' � Page 4 pemvt and was a forced air fiunace that was not approved for a multi-unit building and did not provide the required sepazation be twe en units. Ms. Moermond asked whether a pernut had been pulled after the fact and whether the furnace had been inspected by the city since the installation. Ms. Shaff stated that a DSI mechanical inspector had checked the furnace and reported that it was functioning properly and did not present immediate life/safety hazazds. Ms. Shaff stated that although it was functioning properly, the furnace was in violarion of code and had not been installed under permit. She said that Ms. Spry had asked for an extension of time due to health and financial issues but that Fire was unwilling to grant more time. Ms. Moermond asked whether all of the units were occupied and whether there were any Section 8 or low income tenants. Mr. Drookwimyternngbeh responded that four of the five units were occupied including the one that he and Ms. Spry lived in. He did not believe any of the tenants were on Section 8. Ms. Moermond asked what the appellants were asking for. Mr. Drookwimyternngbeh stated that Ms. Spry had lost her life savings in 2008 and had lost six of her seven properties to foreclosure. Ms. Spry had health problems and had been in and out of the hospital. He said she was willing to comply but needed more time to arrange financing. Ms. Moermond asked whether the other tenants had been made aware of the situation and of the hazards presented by the fumace. Mr. Drookwimyternngbeh responded that the tenants knew that Ms. Spry was working on getting individual heating units. He said that Ms. Spry had found a contractor who was willing to do the work for an amount she could afford but that he wasn't able to do it until April. Ms. Moermond asked who had installed the furnace. Mr. Drookwimyternngbeh stated that it had been installed by a maintenance man who had done other work for Ms. Spry. He said that Ms. Spry had been in the hospital in a coma at the time it had been installed. Ms. Moermond stated that Ms. Spry was listed as the property tax owner but that the building owner was listed as Ronald I. Miller and Sophie Dudowitz. Mr. Drookwimyternngbeh stated that Ms. Spry was purchasing the property on a contract for deed. Ms. Moermond stated that it might be in the building owners' interest to have the fumace replaced. She asked whether having just one unit occupied would address the safety issue. Ms. Shaff stated that it would. Ms. Moermond stated that the warst case scenario was that the other tenants would have to move out. She said that she was concemed that there did not seem to be the potential for Ms. Spry's financial situation to improve. Mr. Drookwimyternngbeh stated that the goal was to have all of the units rented so that Ms. Spry could continue to make payments on the contract for deed and finance the furnace replacement. Ms. Moermond stated that DSI had already been generous in the amount of time they'd allowed. She stated that she was sympathetic to Ms. Spry's situation but that as a landlord Ms. Spry was still responsible for the maintenance of the property. Ms. Moermond set a deadline of March 1, 2009 January 20, 2009 Property Code Hearing Minutes DG��' (Q� Page 5 for permitted installation of an approved furnace. She said that if the work was not completed by th at t une th o ther tenants would have to move out. Mr. Drookwimyternngbeh asked whethez there would still be a re-inspection on January 26. Ms. Shaff said there would not. 6. Appeal of Wayne Johnson to a Correction Notices (including a charge for excessive consumption) for property at 969 Carroll Avenue. (Continued from Dea 16) No one appeazed; Ms. Moermond stated that she would recommend that the appeal be denied. 7. Appeal of Gerri Walker to a Certaficate of Occupancy Deficiency List for property at 1789 Benson Avenue. (Withdrawn per DSI-FSre) Appeal of Julie Blom and Francois Parent to a Certificate of Occupancy Condemnation for property at 1841 Masnolia Avenue East #201. (originally scheduled for 1130 a.m.) No one appeared; Ms. Moermond recommended denying the appeal. The hearing adjourned at 2:55 p.m. Submitted by: Katie Burger � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � ����0� '�, DepartmenUOffice/Council: I oa��°�t,ated: Green Sheet NO: 3066436 : CO-Council �' 28JAN-o9 - ConWct Person & Phone: Marcia Moe[mond 6-8570 Must Be on Council Agenda by (Date): Doc. Type: RESOLUTION � � � Assign i Number For ,' Routing � I Order 0 l 2 3 4 5 E-Document Required: Y DocumentCOnWct: MaiVang Contact Phone: 6-8563 Total # of Signature Pages _(Clip AII Locations for Signature) Action Requested: Resolution approving the January 20, 2009 decisions of the Legisla6ve Hearing Officer on Appeals of Letters, Letters of Deficiency, and Cottection Notices for properties at 986 Minnehaha Avenue West, 870 Thicd Street East, 719 Wilson Avenue, 263 Wyoming Street East, 665 Fry Street and 969 Carroll Avenue. Recommendafions: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Foilowing Questions: 1. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this persoNfrm ever been a city employee� Yes No 3. Does this person/frm 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, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges IfApproved: DisadvanWges If NotApproved: Totai Amount of Tfansaction: Funding Source: Fi nancial Information: (Explain) CostlRevenue Budgeted: Activity Number: January 30, 2009 2:16 PM Page 1