09-307Council File #
Green Sheet #_y�
RESOLUTION
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Presented by
OF
PAUL, MINNESOTA
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WHEREAS, adverse action was taken against the Solid Waste & Vehicle license held by Tong Pao
Vang d/b/a Eastside Garbage Company (License ID#20030003212) for the City of Saint Paul by Notice of
Violation dated Februazy 20, 2009, alleging licensee had a lapse in General Liability insurance from April
28, 2008 to 7une 17, 2008, and Auto Liability insurance from July 11, 2007 to August 13, 2007. Licensee
also has not submitted current certificates of General and Auto Liability Insurance with a thirty (30) day
notice of cancellation, a Vehicle Inspection Report and a current Schedule of Charges; and
8 WHEREAS, the licensee did not respond to the Notice of Violation to contest the allegation,
9 request a public hearing or submit the required insurance information, Vehicle Inspection Report or current
10 Schedule of Chazges; and
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WHEREAS, the Notice of Violation stated that if the licensee failed to contest the allegation,
request a public hearing or submit the required insurance information, Vehicle Inspection Report or current
Schedule of Charges by March 2, 2009, that the matter would be placed on the consent agenda to impose
the recommended penalty; now, therefore, be it
RESOLVED, that the Solid Waste & Vehicle license held by Tong Pao Vang d/b/a Eastside
Garbage Company is hereby suspended and licensee is ordered to pay a matrix penalty of $500.00 for the
lapse in General and Auto Liability insurance and failure to submit required insurance information, Vehicle
Inspection Report and a current Schedule of Charges. Payment of such penalty shall be made within thirty
days of the date of the adoption of this resolution.
Requested by Depattment of:
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BY� �� �
AdopGOn Certified by Co ncil Secretary
By: ,/j '
Approve y Date L(D
By:
Form Approved by City Attomey
sy: �cU.�,..�c�tscw.�
Form A rov Ma ,r for b ssi n o ouncil
By:
09-307
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenNOffice/Counc7: Date Initiated:
S� _Dept.oYSafety&4nspeeGons O6-MAR-09 Green Sheet NO: 3067604
Contact Person $ Phone: Depar6nent SeM To Person Initial/Date
RachelTiemev y o ¢pLOfSafeN&InspecfiOns �—�
266-$710 1 eot of Safetv & Insoections Deoarim� --- ent Drcector �
Assign 2 'tvAttomev I I
Must Be on Co�nc' Agenda by (Da Number
18-MpR-09 For 3 or's Office Mavor/Assistant
Routing 4 oqncit �
DoaType:RESOLUTION Order 5 itvClerk CitvClerk I
E-0ocument Required: Y
Dacument ConWCt: �ulie Kraus
Contact Phone: 266-8776
Total # of Signature Pages _(Clip NI Locations for Signature)
Action Requested:
Approval of the attached resolurion to fake adverse action againsf the Solid Waste Hauler & Vehicle license held by Tong Pao Vang
d/b/a Easfside Cmrbage Company (License ID #20030003212) for the City of Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answerthe Following Questions:
Planning Commission 1, Has this persoNfirm ever worked under a contract 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
current city employee?
Yes No
EXplain all yes answers on separete sheet and attach to green sheet.
Inkiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee had a lapse in General LiabIlity insurance (4/28/08 - 6/1708) and Auto LiabIlity insurance (7/11/07-8/13/07). Licensee also
has not submitted current cerEificafes of General and Auto LiabIlity insurance, a Vehicle InspecEion Report and current Schedule of
Chazges. After norification, licensee did not respond fo Yhe Norice of Violafion.
Advantages If Approved:
License suspension and imposition of $500.00 mahix penalty.
Disadvantages If Approved:
Disadvantages If Not Approved:
ToWI Amount of
7ransaction: CosURevenue Budgeted:
Funtling Source: Activity Number.
Financial Information:
(Explain)
March 6, 2009 2:55 PM Page 1
d� .��
OFFICE OF THE CITY ATTORNEY
John J Choi, CityAttomey
SwINT
PAV L CITY OF SAINT PAUL CivilD�vision
� Christopher 8. Colemaq Mayor 400 City Hall Telephone: 651 266-8710
75 Wesf Kellogg Blvd. Facsimile. 65l 298-5619
AAAA Saint Pau�, Ivlinnesota 55702
February 20, 2009
NOTICE OF VIOLATION
Tong Pao Vang
Eastside Garbage Company
1752 Stillwater Avenue
St. Paul, MN 55106
RE: Solid Waste Hauler & Vehicle license held Tong Pao Vang d/b/a Eastside Garbage Company
for the City of Saint Paul
LicenseID #20030003212
Dear Mr. Vang:
The Department of Safety and Inspections (DSI) has recommended suspension of the Solid
Waste Hauler & Vehicle license held by Tong Pao Vang d/b/a Eastside Garbage Company for the City of
Saint Paul. The basis for the recommendation is as follows:
On August 8, 2008, DSI staff confirmed with Farm Bureau Mutual Insurance
that you had lapses in your General Liability insurance (4/28/OS to 6/17/08) and
Auto Liability insurance (7/11/07 to 8/13/0'n. DSI records also show that you
have not submitted current certificates of Generai Liability and Auto Liability
insurance with a 30-day notice of cancellation, a Vehicle Inspection Report and
a current Schedule of Charges.
Per Saint Paul Legislative Code §310.05 (m) (2), the licensing office will recommend a$500.00
matrix penalty for the lapses in General and Auto liability insurance and suspension ofyour license until you
provide the requested information.
At this time, you have three options on how to proceed:
You can pay the $500.00 matrix penalty and submit the requested current insurance, vehicle
inspection report and schedule of charges. If this is your choice, you should send the payment
and requested information directly to the Department of Safety and Inspections at 375 Jackson
Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, March 2, 2009.
Payxnent should be directed to the attention of Christine Rozek. A self-addressed envelope is
enclosed for your convenience. Payment of the $500.00 matrix penalty and submission of the
requested information will be considered to be a waiver of the hearing to which you are entitled.
Affirmative Action Equal Opportunity Employer
Eastside Garbage Company
February 20, 2009
Page 2
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2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the
Saint Paul City Council, you will need to send me a letter with a statement admitting the facts
and requesting a public hearing. We will need to receive your letter by Monday, March 2, 2009.
The matter will then be scheduled before the City Council for a public hearing to determine
whether to impose the $500.00 matrix penalty. You will have an opportunity to appeaz before
the Council and make a statement on your own behalf.
3. If you no longer wish to do business in the City of Saint Paul, you will need to send a written
statement to that effect to the Department of Safety and Inspections (DSI), at 375 Jackson Street,
Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, March 2, 2009. Information
should be directed to the attention of Christine Rozek.
If you have not contacted me by that date, I will assume that you do not contest the
imposition of the $500.00 matrix penalty. In that case, the matter will be placed on the Council's
Consent Agenda for approval of the recommended penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
� � �
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Affirmative Action Equal Opportunity Emplover
Chapter 310. Uniform License Procedures
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m) Presumptive penalties for certain violations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the length of license
suspensions and the propriety of revocations, and shall apply to all license types, except that in
the case of a violation involving a liquor license § 409.26 shail apply where a specific violation is
listed. These penalties are presumed to be appropriate for every case; however the council may
deviate therefrom in an individual case where the council finds and determines that there exist
substantial and compelling reasons making it more appropriate to do so. When deviating from
these standards, the council shail provide written reasons that specify why the penalty selected
was more appropriate.
TABLE INSET:
Type of Violation Appearance
1 st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2 000.00 fine Revocation
placed on the license fine and 10-day
suspension
(2) Violation of provisions of $500.00 fine $1,000.00 $Z 000.00 fine Revocation
the legislative code relating fine and 10-day
to the licensed activity suspension
(2) Violation of provisions of
the legislative code relating g500.00 fine $1,000.00 $2,000.00 fine Revocation
to the licensed activity, fine and 10-day
other than violations of the suspension
food code
(3) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension suspension
LIEP inspector or police
(4) Commission of a crime
otherthan a felony on the $700.00 $1,500.00 5-day Revocation
premises by a licensee or suspension
employee
(5) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
licensee or employee
(6) Death or great bodily 30-day 60-day
harm in estabiishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(7) Failure to pay license Revocation
fees
(8) Criticai violations under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(9) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under331A
(i) Fines payable without hearing .
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be
making a first or second appearance before the council may elect to pay the fine
to the Department of Safety and Inspections without a council hearing, unless the
http://library4.municode.com/4472/DocView/10061/1/317/318?hilite=310 O5; 2/12/2009
Chapter 310. Uniform License Procedures
d y 3 � Page 2 of 2
notice of violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount.
Payment of the recommended fine will be considered to be a waiver of the
hearing to which the licensee is entitled, and will be considered an "appearance"
for the purpose of determining presumptive penalties for subsequent violations.
B. For adverse action initiated under Chapter 331A of this Code, a fine may be
paid without a hearing regardless of how many prior appearances that licensee
has made before the Councii. The above council hearing requirement applies to
violations under Chapter 331A unless the fine recommended by the Department
of Safety and Inspections is equal to or less than the fine amount outlined in the
above matrix. Payment of the recommended fine will be considered to be a
waiver of the hearing to which the licensee is entitled, and will be considered an
"appearance" for the purpose of determining presumptive penalties for
subsequent violations. A non-critical violation under chapter 331A shall not be
considered an "appearance" for purposes of determining presumptive penalties
for non-331A violations. A council hearing is required if the Department of Safety
and Inspections recommends a fine that is an upward departure for the amount
outiined above.
http://library4.municode.com/4472/DocView/1 0061/1/3 1 7/3 1 8?hilite=310 O5; 2/12/2009
STATE OF MINNESOT' � �y��
� ss. AFFIDAVIT OF SE__ JICE BY U.S. MAIL
COUNTY OF RAMSEY )
Julie Kraus, being fust duly sworn, deposes and says that on the 20�' day of February, she
served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an
envelope addressed as follows:
Tong Pao Vang
Eastside Garbage Company
1752 Stillwater Avenue
St. Paul, MN 55106
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
P��
Julie us
Subscribed and sworn to before me
this 20�' day of February, 2009
� e �� , s
` N tazy Public �
RITA M. BOSSARD
NDURY PI�L�C - M It�E50TA
MY COMMISSION
DfPIRES JAN. 31, 2 01 0