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09-243Council File # �� 3 Green Sheet# �067100 OF SAIN�' PAUL Presented by l� 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 February 18, 2009 hereby memorializes its decision to certify and approve the February 3, 2009 decision of the Legislative Hearing Officer for the following address: 6 ADDRESS 8 311 Walnut Street APELLANT Lucine (Eleanore) Gavin 10 Decision: Deny the appeal and grant the owner an extension of time to be on the premises to do the clean 11 up from 7:00 am. to 9:00 p.m. The owner must obtain a code compliance inspection. The vacant building 12 registration fee be waived for 90 days. � Yeas Nays Absent Carter � Bostrom Harris � Helgen � Lantry Stark ,/ Thune �/ Requested by Department of. � Farm Approved by City Attomey � AdoptedbyCouncil: Date �/ ,�,,jfd-l/ Adoption Certified by Co}�ncil Secretary C BY� ` /J Appro b M ( � � By: Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet 09 - �� , DepartmentlOffice/Council: i Date initiated: ' �o-�°��G� :, �o-FEB-o9 ! Green Sheet NO: 3067100 Contact Person & Phone: Department Sent To Person Initial/Date � ' Marcia Moermond o Councu � 6-8570 � � � 1 Council Deoartment Dirtt[or , � � � 2 CitvClerk ' CiriClerk � Must Be on Councii Agenda by (Date): '�, Number �, 3 , ',� For i : Routing �, 4 I I '�. ' �� ',. Doa Type: RESOLUTION , Order �,� 5 I ' I E-DOCUment Required: Y Document Contact: Mai Vang ConWct Phone: 6-8563 ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolu[ion memorializing City Council action taken February 18, 2009 denying the appeal and granting the owner an extension of time to be on the premises to do the clean up from 7:00 a.m. to 9:00 p.m. The owner must obtain a code compliance inspection. The vacant building registrarion fee is waived for 90 days. ��j�\ V.iQ„\r�.�.�F �j��.�-� Recommendations: Approve (A) or Reject (R)� Planning Commission CIB Committee Civil Service Commission Personal Service Contrecks Must Answer the Following Questions: t. Has ihis perso�rm ever worked under a contract for this departmenY� Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/frtn possess a skill not normally possessed by any current city employee? Yes No Explain alI yes answers on separate sheet and attach to green sheet. Initia[ing Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: DisadvanWges If NotApproved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) Cost/Revenue Budgeted: Activity Number: February 23, 2009 10:24 AM Page 1 � C� e R D o � nin�lnm ', � a .�� m November 10, 2008 Patrick A Gavin/Lucine E Gavin 311 Walnut Street Saint Paul, MN 55102 RE: 311 Walnut Street Dear Patrick & Lucine: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. b1' a�F� Please attend the public hearing before the Legislative Hearing Officer on Thursday November 13, 2008 at 11:30 a.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officer will hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, l Shari Moore City Clerk � cc: Paula Seeley, DSI Code Enforcement Inspector Richard Lippert, DSI Code Enforcement Manager Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 2�3—� . 15 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUL, MINNESOTA55302 AA-ADA-EEO Employer Te1:651-266-5688 Far:651-266-8574 cvwwstpaul.gov b�f'��F� APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota �5102 Telephone: (651) 266-8688 RFC �IIQ� � O 2ppc� �'�� l. Address of Property being Appealed: 2. Number of Dwelling Units: 3. Date of L,etter Appealed: �(11��C�-(n�, � � IC-�� 4. Nazne of Owner: �ucihe ��r�c Address:s�� ,(�h� � : City: � �State: �� Zip:_�_� Phone Numbers: Business Residence� I` �� _ ��ar 5. Appellant / Applicant (if other than owner): _ Address: � �}� C�' f�y �_ City: Phone Numbers: Business Residence Signature: Cellul �� 6 State specifically what is being appealed and why (Use an attachment if necessazy): �n l�� NO A 5.00 filing fe�e pa� td the of Sair�Paul �m o�y l this pli�on as�� necessary condition for filing. You must attach a copy of the original orders and any other corresponden relative to this appeal. Any person unsarisfied by the final decision of the City Council may obtain judicial review by timely filing of an action as provided by law in District Court. Received: For Office Use Only ' Fee Received: Receipt Number: �� )� '1�� Date of Hearing: i�l��'. 1 � 1 I �30 aizsrzom DEPARTMENT OF SAFECY AND INSPECTIONS Richard Lippert, Manager ofCode Enforcement CTI'Y UF SAINf PAUL � Christapher B. Coleman, Mayor i — �CYO er Z8, 2008 375 Jackson Saret, Su'¢e 220 Saint Pau7, MN 55107-1806 �� Te [eph a n e: 651-166-190 0 Fars "vnile: 657-266-1979 Web: ww�rsromlLeov/dri NOTICE OF CONDEMNATION AS UNFIT FOR HUMAN HABITATION AND ORDER TO VACATE Patrick A Gavin/Lucine E Gavin 311 Walnut St St Paul MN 55102-2405 Deaz Sir �r Madam: The Department of Safety and Inspecfions, Division of Code Enforcement, has determined that the dwelling and premises at 311 WALNUT ST is "Unfit for Human Habitation". In accordance with Saint Paul Legislative Code, Chapter 34, Sec6on 23, the premises will be p:acasded cn 10-28-G8 and ordered vacated no laier than 11-14-OS. Your attention is called to the following provisions of Section 34.23, Subsection 6 enrifled, "Vacation of Stxucture 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 any person for human habitation any structure or unit so condemned or placarded, and no person shall occupy the structure or unit after the date set forth in the placard and/or notice." THIS DWELLING SI3ALL NOT AGAIN BE USED FOR HUMAN HABITATION UNTIL WRITTEN APPROVAL IS SECURED FROM THE CTTY OF SAINT PAUL; DEPARTMENT OF SAFETY AND INSPECTIONS, DIVISION OF CODE ENFORCEMENT � M Affrrmative Achon Equa] OpportuniTy Employer 311 WALNUT ST Page 2 oy-a�� PrincinaI VioIations: These deficiencies must be corrected before this condemnation and vacate . order will be removed. 1. The interior conditions of the house constitute material endangerment. There is excessive storage throughout the house and the basement which is a possible fire hazard, and the interior and exterior of the house aze in a state of dilapidation. 2. Smoke Detector: Lack of properly installed and operable smoke detector. Provide functioning smoke detectors in accordance with the attached requirement, within 24 hours. 3. There is a water leak at the meter that needs immediate repair. 4. T'he interior ceilings are defecfive. Repair all ceiling defects and finish in a professional manner. 5. The interior walls are defective. Repair all wa11 defects and finish in a professional manner. 6. There are severa2 extension cords being used in both the basement and 1 S ` floor. 7. The bathroom.in the unit on the West side is full of excessive storage, the sink_ is missing, and entire bathroom is in need of repairs. 8. The water heater tpr dischazge pipe is missing. 9. The bathroom toilet in the East side unit is in disrepair, The toilet tan;c is concded, the toilet is cracked and the flange is loose and the subfloor is rotted. 10. The kitchen and bathroom floor covering is in disrepair. 11. The kitchen cabinet doors are missing. 12. The back entry door is deterioratated. 13. The windows and/or storm windows are in a state of disrepair. Replace all missing or broken window glass. Make a11 necessary repairs to frames, sashes, hardwaze and associated trim in a professional manner. Permit may be required. Other Violations: These deficiencies must be corrected in order to bring this property into compliance with the Saint Paul Legislafive Code. 1. The exterior walls andfor irim of the house has defective, peeled, flaked, scaled or cha.licing paint or has unpainted wood surfaces. Scrape and repaint to effect a sound condition in a grofessional manner. 2. Theie are several window si11s which aze rotted. 3. Due to the amount of debris in the house a through inspection was not possible and wiil have to be done after the debris is removed. °L ' Authorization to reoccupy this/these dwelling unit(s) will not be given unfil it is demonstrated that a11 principal violations have been conected and that no new condifions exist which could constitute material endangerment or which threaten the peace, health, safety or welfaze of the occupants of this building. uhh60103 9/08 d�t-��F� All repairs and new installations must be made in accordance with the appropriate codes. Permit information may be obtained from the Building Inspection and Design Section, 375 Jackson i St�eet, Suite 220, (651) 266-9090. � You may file an appeal to this notice by contacting the City Clerk's Office at (651) 266-8688. Any appeal must be made in wrifing 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 — e��s-a� al.l �imes. - If you have any quesfions concerning this matter, please contact the Inspector, Paula Seeley, af 651-266-1916. To arrange an appointment or request an extension of fime to complete repairs, you will need to speak direcfly to the inspector. Sincerely, RICI3ARD LIPPERT Manager of Code Enforcement ps c: Community Stabilization Project HALO - Southern Minnesota Regional Legal Services G \�willie\Amanda\DSI-COdel^+emplates\uLh,dot AA-ACA-EEOEmO�oyer Date: October 29, 2008 FIP District: HPIrIP D G�� (� File #: OS - 058701 Property Name: residence � �� Folder Name: 311 WALNUT ST Survey Info: RA-SPG5474 PIN: 062822230043 Date: October 29, 2008 HP District: HPL-IP �� 2 Fi►e #: OS - 058701 Property Name: residence � Folder Name: 311 WALNUT ST Survey InFo: RA-SPG5474 PIN: 062822230043 Date: October29,2008 HP District: HPIrIP 6C,,�(,� File #: OS - 058701 Property Name: residence Folder Name: 311 WALNUT ST Survey Info: RA-SPC-5474 PIN: 062822230043 Date: October 29, 2008 HP District: HPIrIP b9�� /� File #: OS - 058701 Property Name: residence �T Folder Name: 311 WALNUT ST Survey Info: RA-SPC-5474 PIN: 062822230043 Date: File #: Folder Name: PIN: October 29, 2008 OS - 058701 311 WALNUT ST HP District: Property Name: 5urvey Info: ��,-� � q ��N� residence RA-SPC-5474 Date: File #: Folder Name: PIN: October 29, 2008 OS - 058701 311 WALNUT ST 062822230043 HP District: Property Name: Survey Info: �L,-� p y�a-�F3 residence RA-SPG5474 Date: File #: Folder Name: PIN: October 29, 2008 OS - 058701 311 WALNUT ST 062822230043 HP District: Property Name: Survey Info: �i,-� b y�� residence RA-SPG5474 Date: October29,2008 File #: OS - 058701 Folder Name: 311 WALNiJT ST HP District: Properfy Name: Survey Info: �i.-� �� residence b�'4"`i J RA-SPG5474 PIN: 062822230043 Date: File #: Folder Name: PIN: October 29, 2008 OS - 058701 311 WALNUT ST 062822230043 HP District: Property Name: Survey Info: r��m b y� �,(,�'� residence RA-SPG5474 Date: File #: Folder Name: October 29, 2008 OS - 058701 311 WALNUT ST HP District: Property Name: Survey Info: �i,-� b�1- �'�f 3 residence RA-SPG5474 PIN: 062822230043 Date: October 29, 2008 HP District: FIPL-IP 6G� File #: OS - 058701 Property Name: residence Folder Name: 311 WALNUT ST Survey Info: RA-SPC-5474 PIN: 062822230043 Date: October 29, 2008 File #: OS - 058701 311 WALNUT ST PIN: 062822230043 Folder Name: AP District: Property Name: Survey Info: HPI.-1P ��(,F� residence RA-SPG5474 November 13, 2008 Legislative Hearing Minutes N�,�,�,� Page 13 v 12. Appeal of Patrick and Lucine Gavin to a Condemnation and Order to Vacate for property at 311 Walnut Street. Lucine Gavin, property owner, appeared with her daughters, Mary Gibbs and Theresa Gavin. Ms. Seeley stated that the file on this property was opened in January, 2005 for exterior painting which was still not in compliance. She said she received a referral from the Water Deparhnent on October 28 for a water leak at the property. She had contacted Kay Wittgenstein, Ramsey County House Calls, and they inspected the property together. She explained that the building was a side- by-side and the west side of the building was being used for storage and the east side was where the couple lived. She found there was excessive storage in the entire building the boiler was not working, the plumbing was deficient, and she couldn't inspect the electrical service as she could not physically get to it to inspect. She said that Kay Wittgenstein had provided a dumpster to remove some of the junk. Due to the conditions that were found, she condemned the building and ordered the property vacated. Ms. Gibbs stated that on November 7, her mother had applied far energy assistance to replace the boiler which she was approved; however, she was then told that a permit could not be pulled due to the condemnation. She said that her father recently had surgery and was currently living in a transitional care facility. The family was scheduled to meet with the social worker on Monday, November 17 and she did not believe they would allow her father to be discharged since the house was condemned and they had not figured out other living accommodations. Mrs. Gavin stated that she and her husband had lived in the house for 50 years. She had been packing and removing stuff from the house and was currently staying at her nephew's house who lived close by. She said that she had another nephew who was a licensed contractor who agreed to do work on the house. Ms. Seeley said that she had talked to someone at Community Action Programs (CAP) and they indicated that they would be able to provide up to $10,000 towards repairing or replacing the boiler. She said that if the electrical service was inadequate, the owner would first need to hire an electrician to upgrade the service which could be quite costly. Since she was unable to inspect the electrical service, she was unsure as to what needed be done. She also said that the radiators were cold to the touch and could possibly be corroded. She said that she had talked to someone at Kath Heating and they indicated that they did work on oil burning boilers and could look at the boiler to make a determination on what needed to be done. She said that she had inspected the property again and lot of work had been done and she was aware that they had ordered another dumpster to remove stuff from the house. She said that they would need to have a functioning bathroom and was willing to allow them a couple of months to continue cleaning out the house. Ms. Gibbs said that it was difficult for her mother to get the work done in the house since she couldn't stay there. She acknowledged that the boiler needed to be manually turned back on once it shut off when the house got wann enough and they feared the pipes would freeze without heat. She said that they were in the process of making repairs to the bathroom and the toilet had been removed and was planned to be replaced over the weekend. She said they also feared the house was a tasget for vandalism given the condemnation placards on the building. At this point, they were unsure whether they wanted to work on bringing the house into compliance so that her parents November 13, 2008 Legislative Hearing Minutes b�� Page 14 could live there or whether they wanted to winterize the house and decide later how to proceed with the property. Ms. Spong stated that this property had been identified as an historic resource to the neighborhood and was located in the historic Irvine Park neighborhood. She cautioned that if the house were declared a vacant building, there were many requirements in order to bring it into compliance before the house could be re-occupied. Ms. Moermond stated that she would allow the property to be occupied between the hours of 7:00 a.m. and 10:00 p.m. in order to continue working inside the house; however, no one could sleep there. She recommended continuing the hearing to December 2 and said that in the meantime, all enforcement action on the condemnation and order to vacate was stayed. February 3, 2009 Legislative Hearing Minutes �� a�?7 Page 9 5. Appeal of Lucine (Eleanore) Gavin to a Condemnation and Order to Vacate for property at 311 Walnut Street. {Continued from November 13 and rescheduled from December 2 and 7anuary 6) Eleanore Gavin, property owner, appeared with her daughter, Mary Gibbs. Ms. Moermond stated that since the last hearing, she understood that Mr. Gavin had passed away and they had been dealing with cleaning out the house. It was her understanding after conversations with Ms. Gibbs just prior to the hearing, that her mother was not living at the property and that they still needed to figure out their options on what to do with the property. Ms. Moermond asked for an update from Ms. Seeley. Ms. Seeley stated that a substantial amount of work had been accomplished in cleaning out the interior of the house. The house had been winterized and was still standing. She had talked to Steve Magner, Vacant Building Supervisor, concerning the deficiencies in the house and he recommended the house be a classified a Category 2 vacant building which would require a code compliance inspection. Mrs. Gavin stated that she had lived in the house for over 50 years and although she had gotten rid of a lot of stuff, she still had a lot to go through to decide what to do. She also had since moved to an apartment, The Elders Lodge on East Magnolia, and went to the house every day to continue cleaning and to pick up her mail. She said that the furnace was not working so she had space heaters to help keep it warm enough to work for a few hours at a time. Ms. Gibbs stated that she didn't understand how the condemnation, and the fact that the house was vacant, affected the status of the building as far as being able to sell it or whether the City was intending to demolish the house. She also expressed concern with people breaking in and vandalizing the property if the house had vacant building placards on it. Ms. Moermond re-assured Ms. Gibbs and Mrs. Gauin that the City had no intention of demolishing the house at this point in time. Ms. Gibbs said that they were considering their options then on what to do with the property. They were trying to decide whether they should make all of the repairs to bring the house back up to code; however, they were unsure what would be required to bring it up to code. They were then unsure whether they should sell the house after all the repairs were made ar if her mother should move back in, renting out the other side of the house for a source of income. They were also considering whether they should sell it to someone who could do the rehab although, given today's market, they didn't believe they could recover the actual value of the house. She said that her mother also needed time to sort through the remainder of her things to decide what to keep and what could go. Ms. Moermond said that she agreed with the inspector's recommendation that the building be classified a Category 2 vacant building given the number of known deficiencies in the house. She said that they would be required to obtain a code compliance inspection and explained that process. Once they had the inspection report, they could have a contractor give an estimate on the cost of the repairs and then determine whether they wanted to hire licensed contractors to make those repairs or they could decide to sell it to "as is" to someone who would be willing to make the repairs to bring the property up to code. She also wanted them to be aware that since the property was located February 3, 2009 Legislative Hearing Minutes p��"I � Page 10 within the Irvine Park Historic District, they would be required to go through the Historic Preservation Commission to obtain approval for any exterior faqade improvements. Ms. Moermond stated that she would schedule this matter for Council Public Hearing on February 18 and would recoxnmend denyin� the appeal and granting tune to be at the premises to do the clean up between 7:00 a.m. to 9:00 p.m. She said that she would recommend the vacant building registration fee in the amount of $1,000 be waived for 90 days. Ms. Moermond also said that she will request the Deparhnent waive the requirement of the vacant building placard or, in the alternative, place it in an inconspicuous location so that it was not visible to would-be burglars.