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09-299Council File # 09-299 Green Sheet # 3067545 RESOLUTION OF SA�i�IT,PAUL, MINNESOTA Presented by 1 2 3 4 5 6 7 $ 9 10 BE IT RESOLVED, that the Council of fhe City of Saint Paul, based on a review of the legislative hearing record and testimony heard at public hearing on March 4, 2009 hereby memorializes its decision to certify and approve the February 24, 2009 decision of the Legislative Hearing Officer for the following address: ADDRESS 2135 Fifth SCreet East /D APELLANT Deanna J. Hartshorn Decision: Deny the appeal and grant an extension to April 1, 2009 to come into compliance. Carter Bostrom Harris Helgen Thune � Adopted by Council: Date ��/6 /(�c? Adoption Certified by Counc'1 SecTetary By: i Approve y 1 ay . Date � By: Req�ested by Deputment o£ � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet 09-29� Green Sheet Green Sheet Green Sheet Green Sheet DepartmenVOfficelCouncit: Date lnitiated: co _�°°^°�' ! OS-MAR-09 Green Sheet NO: 3067545 Contact Person & Phone: Deoartment Sent 7o Person lnitialfDate Marcia Moermond y 0 ouo�u 0 6-8570 1 oancit De arcment Directoc Assign Z �Cyty Cterk C5 Cierk Must Be on Council Agenda by (Date}: Number 3' 0 For Routing 4 �� Doc.Type:RESOLUTION Order 5 � E-DoGUment Required: Y Document Contact: Mai Vang ConWCt Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution memorializing City Council action taken March 4, 2009 denying [he appeal and gan[ing an extension to April 1, 2009 to come into compliance for property at 2135 Fifth S[reet East, per the recommenda[ion of the Leg}slative Heazing Officer. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contrect for this department? 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 arrent city employee7 Yes No F�plain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: CosURevenue Budgeted: Funding Source: Activity Number: Financial l nformation: (ExpVain) March 5, 2009 11:46 AM Page 1 <,.> e. :° � i ,,.:��'� , �<. February 17, 2009 Deanna J. Hartshorn 2135 E 5 Street St. Paul, MN 55119 RE: 2135 5 Street E Dear Ms. Hartshorn: CITY OF SAINT PAUL CTTY CLERK'S OFFICE Your application for an appeal has been received and processed. i�� Please attend the public hearing before the Legisfative Hearing Officer on Tuesday, February 24, 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 Legislative Hearing O�cer will hear ail parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Your social worker is welcome and encouraged to attend this hearing with you. The condemnation is on hold pending the outcome of the hearing on Tuesday. You do not need to vacate your apartment. Sincerely, �.�� 2� Shari Moore City Clerk cc: Craig Mashuga, DSI (Code Enforcement O�cer) Harold Robinson, Supervisor Marcia Moermond, Legisiative Hearing O�cer Jerry Hendrickson, Deputy City Attorney 15 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUL, MINIVESOTA55102 Tel: 651-266-8688 Fax: 651-266-8574 www.stpaul.gov An Affirmat�ve Action Eqnal Opportunrcy Employer �� APPLICATION FOR APPEAL Saint Paui City Clerk 15 W. Kellogg Bivd., 310 City Hall Saint Paul, Minnesota 55102 Telephone:(6�1)266-8688 ��1�� no� �'lt�. ��V 1. Address of Property being Appealed: 2. Number of Dwelling Units: 3. Date of Letter Appealed: Z�3`J J� G j Z //� /l��9 4. NameofOwner: �p��V1Y)c� � ��1��liY{� Address: ZI�� ,�City: � ��State: ��Zip:��l Phone Numbers: 5. Appellant / Applicant (if other than owner): Address: Phone Nuinbers: Business City: State: Residence 6 State specifically what is being appealed and why (Use an attachment if necessary): � NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accompany this applicavon as a ❑ecessary condition for filing. You must attach a copy of the original orders and any other conespondence relative to this agpeal. Any person unsatisfiad by the final decision of the City Council may obtain judicial review by timely filing of an action as provided hy law in Disirict Court, For O�ce Use Onlv ' Date Received: Fee Received: Cellulaz l�. � �ol �.� Cellular Hearing: �� CITY OF SAINT PAUL DEPARTMENT OF 5AFETY AND INSPECTIONS DNISION OF CODE ENFORCEMENT 375 Jackson Street, Suite 220 Saint Paul, MN 55101-180b SUMMARY ABATEMENT ORDER Fe6inarv 12.2009 tnspecno Da ( `�, �� D` e �ailed f � M�ka�'s��,�t> 89 - 024537 Yog hais tias koj hais lus Hmoob thiab koj tsis to taub tsa6 ntawv no, hu rau tus tehais lus ntawm (651) 266-8989. Nws yog pab dawb zw6.Si necessita un traductor, por favor llamanos al (651)266-8989. No costo. Deanna J Aartshom 2135 Sth StE StPaul MN 55119-3903 As owner or person(s) responsible for: 2135 STH ST E you are herehy ordered to eliminate all nuisance �c3d��ns whi�h �re fin viQlaY�on of Ctaptee 45 of Saint Paul LPggslati�e Cocle. � Remove improperly stored or accumulated refuse including: garbage, rubbish, discarded furniture, appliances, vehicle parts, scrap wood and metal, recycling materials, household items, building materials or rubble, tires, brush, etc., from yard areas. - - I� � Cut and remove tall grass, weeds and rank plant growth. Remove and properly dispose of all animal feces from yard areas. IMNIEDdATELY secnre all bui!dings wlish are open Yo unauthoriaed an4rry, including: Other: EXCESSIVE EXTERIOR STORAGE ALL YARD AR�A5 If you do not correct the nuisance or file an appeal before February 20, 2009, the City will conect the nuisance and chazge all costs, including boazding costs, against the properiy as a special assessment to be collected in the same way as properry tales. Charees: If the City corrects the nuisance, the chazges wi11 include the cost of coirection, inspection, travel time, equipment, etc. The rate wi11 be approximately $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: Craie Mash� Badge Number 335 Phone Number 651-266-1909 If you have any questions about this order, the requirements or the deadline, you should contact t6e Inspector listed above, Monday through Friday. I A eats: You may appeal tlils order and obtain a hearing before the City Council by deaNine noted a6ove or seven (7) days aRec the date mailed, whichever comes first. Coaec[ion Order with our appeal a�l'cati°n. ari appeal application with the Ciry Clerk before the appeal * WARNING Code inspection and enforcement ttips cost the tacpayers money. If the violarions are not cotrected vrithin the Iime period requtred in this notice, the ciry's wsts m conduc[ing a remspeclion after the due date for compliance wilt be collected finm the owner eather than bemg paid by the tazpayets of the ciTy. If additional new violations are discovered within the nezt following 12 months, the ci[y's costs in conducting additional mspections a[ this Same ]ocation within such 12 months will be collected from the owner rather Ihan being paid by the tazpaye�s of the ciTy. My such fitture costs will be collec[ed by assessment against the real property and are in additlon to any other fines or assessments which may be levied against you and your property. Sa? p2 60I58 �9l08 �qay� �� q-a.� � S�'" S�� °� j td � �� 1 . � � . �� = .-�m.. „•� d9-� February 24, 2009 Legislative Hearing Minutes Page 6 6. Appeal of Deanna Hartshorn to a Suuunary Abatement Order for property at 2135 Fifth Street East. Deanna Hartshom, property owner, appeared. Ms. Moermond asked the inspector for a report. Mr. Mashuga stated that a complaint was received on February 9, 2009 for excessive amount of junk throughout the yard. He inspected the property on February 11 and issued a summary abatement order with a compliance date of February 20. He presented pictures of the property. Ms. Moermond asked Ms. Hartshorn why she was appealing the order. Ms. Hartshorn responded that there was a garage fire last suinmer and the items in the yard had been in the garage. She had covered most of everything with a tarp and due to the weather, they were waiting until spring to rebuild the garage. Ms. Moezmond asked about the shed in the picture and whether it was being used for storage. Ms. Hartshom responded that the shed was put up after the fire and was full of stuff that had been in the garage. Because of the fire, they were required to demolish the remainder of the garage and had to remove the concrete slab. She explained that the insurance company was requiring they keep some of the items from the fire before they could dispose of them. She asked whether she could store the items in the yard and cover everything with a taxp. Ms. Moermond stated that exterior storage was not allowed under the code and although she was sympathetic that a fire had destroyed the garage, this had occtured last May and they would need to find alternative storage facilities for the stuff that was in the yard. Ms. Moermond recommended denying the appeal and granting an extension to April 1 to come into compliance.