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09-418Council File # � ! — �/d� Green Sheet #��v �( `1 RESOLUTION Presented by MINNESOTA �J 1 WHEREAS, adverse action was taken against all licenses held by Javier S. Ramirez d/bfa Pronto 2 Auto Repair (License ID#f20040003958) for the premises located at 1054 Payne Avenue in Saint Paul by 3 Notice of Violation dated March 18, 2009, alleging licensee was cited for violations to license conditions 4#1, #2, #3 and #11 during an inspection on February 12, 2004. At a re-inspection on Mazch 10, 2004, the 5 DSI Inspector noted that the license condition violations cited on February 12, 2009 had not been 6 corrected; and 8 WHEREAS, per Saint Paul L,egislative Code §310.05 (m) (1), the licensing office recommended a 9$500.00 matrix penalty for violations of conditions placed on the license; and 10 I 1 WF3EREAS, licensee did respond to the Notice of Violation to request a public heazing which was 12 held on April 15, 2009; and now, therefore, be it 13 14 15 ib 17 18 RESOLVED, that Javier S. Ramirez d/b!a Pronto Auto Repair is hereby ordered to pay a matrix penalty of $500.00 far failure to correct license conditions #1, #2, #3 and #11 as cited at the Pebruary 12, 2009 inspection and again at the March 10, 2009 re-inspection. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. 19 This resolution, and action taken above, is based upon facts contained in the Mazch 18, 2009, 20 Notice of Violation sent to the licensee and the arguments made at the public hearing on April 15, 20Q9. Yeas V I 5 ./ I D I�- I Adopted by Council: Date Y� Requested by Department of: �� s �,z,.,,�,�,,,� q- r�� Form ved by City Attorney c By: Adoption CertiFied by Council Secretary Form Approved by Mayor for Submission to Council B y' � By� �� ,��z� Appro by ayo Date � Z�' ' V J' 3� ��ZD�/"' Ey: � Green Sheet Green �� Sheet Green Sheet Green Sheet Green Sheet Green �S {�t � �' `�; t Dept.ofSafety&Inspections ;--------�----- ' Green Sheet NO• 3069047 SI - i 27-MAR-09 I . i ConWCt Person & Phone: Rachel TiemeY � 266-8710 '� Must Be on CounciIq.gen � 15-APR-09 ( U I Doa Type: RESOLUTION E•Document Required: Y Documeni Contact: Julie Kraus Contact Phone: 266-8776 �► � ` 0 Nept of SafeN & Iqspecdons �� 1 pept of Safery & Inspecfions � DeDartmentDirec[or � i Assign � z �tvnttornev �� j Number � For � 3- avor's Offica MavadAssistant I�� Routin9 I 4'CouncO (--- � I Order � 5�CitV Clerk � Citv C1erk , Toql # of Signature Pages _(Clip All Locallons for Signature) Approval of the attached resolution to take adverse action against all licenses held by 7avier S. Ramirez d/b/a Pronto Auto Repair (License ID#20040003958) for the premises located at 1054 Payne Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department� Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed 6y any current city employee? Yes No E�cplain afl yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was cited for violations to license conditions #1, #2, #3 and #11 during an inspecfion on Febntary 12, 2009. At a xe- inspection on Mazch 10, 2009, the DSI Inspectoz noted that the license condifion violations cited on Pebrvary 12, 2009 had not been corrected. After notification, licensee requested a public hearing. AdvanWges If Approved: $500.00 matrix penalty. Disadvantages If Approved: �isadvanWges If NotApproved: ToWI Amount of Trensaction: Funding Source: Financial Info�malion: (Explain) CostlRevenue Budgeted: Activity Number: March 27, 2009 1:53 PM Page 1 09-418 OFFICE OF TI� CITY ATTOI2NEY ✓ohn Chot, CityAttomey SAINT PhUL CiTY OF SAINT PAUL CivilDivision � Christopher 8. Coleman, Mayor 400 Cify Hall Telephone: 657 266-8710 15WestKellogg8lvd. Facsimile:65�298-5679 AAAA Saint Paul, Minnesota 5570c^ March 27, 2009 NOTICE OF COUNCIL HEARING Javier Sanchez Pronto Auto Repair 1054 Payne Avenue St. Paul, MN 55130 RE: All licenses held by Javier S. Ramirez d/bia Pronto Auto Repair for the premises located at 1054 Payne Avenue in Saint Paul License ID #:20040003958 Deaz Mr. Sanchez: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, April 15, 2009, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Pau] City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter concerning the fact that on February 12, 2009, during an inspection of your property, you were cited for violarions to license conditions #1, #2, #3 and #ll by a DSI Inspector. Upon a re- inspection on Mazch 10, 2009, the same DSI Inspector noted that the license condirion violations cited on February 12, 2009 had not been corrected. This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. Per Saint Paul Legisla6ve Code §310.�5 (m) 1, the licensing o�ce will recommend a$500.00 matrix penalty. If there is anv information vou would like Citv Council to review arior to the aublic hearina I will need to receive it no later than Mondav, April 6, 2009. Very trvly yours, t� ar (�t,,,� Rachel Tierney Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Mary Erickson, Council Secretary Javier S. Ramirez, 356 Hawthorne Avenue, St. Paul, MN 55101 Ms. Leslie McMunay, Exec. Director, Payne Phalen District 5 Planning Council 506 Kenny Road, Suite 130, St. Paul, MN 55130 AA-ADA-EEO Employer i � - � Licensee Name: Address: Council Date: UNCONTESTED LICENSE MATTER Pronto Auto Repair 1054 Payne Avenue St. Paul, MN 55130 Wednesday, April 15, 2009 @ 5:30 p.m. Violation: Licensee had several license condition violations on documented by a DSI Inspector on February 12, 2009, which were not corrected at the 3/10f09 re-inspection. Date of Violation: February 12, 2009 & March 10, 2009 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: $500.00 matrix penalty Attachments: 1. Proposed resolution 2. ECLIPS License Grou Co t T 3. ECLIPS License Group Cond' iit ns Text da ed 3/12109 4. Letter from Kristina Schweinler to licensee dated 2/12/09 5. Electronic mail from Kristina Schweinler to Christine Rozek dated 3/11/09 6. Electronic mail from Kristina Schweinler to Christine Rozek dated 3/12l09 7• Pictures taken of licensed establishment dated 3/10/09 8. Notice of Violation with Af�davit of Service dated 3l18/09 9. Fased letter from licensee requesting a public hearing dated 3/23J09 10. Saint Paul Legislative Code §310.05 (m) (1) License Group Commenks 7ext Lic�nsee: JAVfER S RAMiREZ �BA� PRONTO AUTO REPAIR License #: 2004��03958 � � � � � 03/72/2009 03/12/2009 Property is in poor wndihoa FJe sent to Code Enforcement for possi6le summary abatement. CAR 03/12/2009 Licensee is still not in compliance with the license condflion that prohibits ea2erior storege. To CAO for adverse action $500 matrix penalty CAI 03/10/2009 re-ck of prop.pictures taken no progress made at cleaning up. KS 0?l12/2009 Orders written by KS to comply with license wndi6ons 1,2,3,and 11 Must comply by 02/28/2009. CAR 02l'I'f{2009 parts piled up around pole shed.tves stacked in back of shed.Wiil send fetter and give licensee unt0 2/28709 to bring inic wmp. KS 1ri5f09 Cond. okay.KS. 06/Q7l2006 KS inspected location - in comphanCe with license conditions. Not great, hut in compflance CAR 12/8/OS ck'd for comp. of cond. after recd. a phone cali from Betty Iot was in comp and told him not to park or allow customer to park across the street. Two of the veh. were not his. KS.70/27/05 stopped when I saw mech. pusMng a green mmi van onto prop there were 12 cars parked on lot no parts or oil stored i reminded owner that the cond. apply even on week entls. KS. 9122i051n compliance at theis inspection9i9/051n compliance at thls time KS took pics. 8/24f05 got a caN from Licensee wants to change wnd. on # of cars on lot Refered to Jeff HawWns KS Sent letter Sl23I05 gave to 8l31l05 to bnng into comp KS 08/08/2005 Complaint inspection by KS. Truck across public sidewalk, working on tmck outdoors. Photos available, CAR OS/04/2005 Complaint inspechon by KS. 20 vehicles on property (72 permitted), vehicles on public Sidewalk. Photos avaJable CAR 07/72/2005 Per DB in Fire, garage on the back of the property is to be used as warehouse space only. It cannot be used for repair. CAR D7/DSR005 Plcture from DiStriCt 5 showing vehicles parked on sidewalk and repav being done outdoors. CAR 0612}12005 Inspection by KS. Working on car outdoors, junk all around property, disabted cars on pmperty Spoke to owner aboui concems of neiqhbors regarding fhe appearance of fhis property. Photos taken. CAR 04/20(2Q05 RcVd $500.00 for violation of ficense conditions. AMW 04/14/2005 The following is information regardmg the changes made to the license wnditions as a result of the April 73, 2005 adverse actron Condi6on #1: 7 The number of customer and employee vehic�es must not exceed 12 vehicles, (previous condition: All customer and employee vehicles must be parked m the area disignated on a LIEP approved site plan.); 3 At no time shall vehicles associated wdh this business be parked m the dnveway or in the pubhc nght-of-way. This includes business serwce vehlcles and vehicles awaiting repair or pick up. (prevlous condibon� At no Lme shall vehicles be parked m the driveway or in the public nght-of-way.), 7 Vehicles awading repair may not be parked or 5loretl in the alley or on the street. (previous conddion Vehicles awaitmg repair may not be parked or stored +n the alley )- Licensee signed and agreed to these conditrons per KS cat 04/13/2005 CAO sent Notice of Viola6on for repeated violatwn of license condrtions, rewmmended penalty is a�500 fine and revised condiGons placed on the license, deadline to respond is Apr 22, 2005. RS 04/07/2005 To CAO for adverse action. Licensee has repeatedly violated fhe 6cense condition prohibRing outdoor storage (notetl in fetters to licensee on 01/25/2005 and D4/05/2005.) Recommended penalty is $500 and revised license conditions. Licensee was warned m writmg on 01/25/2005 and 04105/2005 that hcensee is vioiating hceose conditions. CAR Oaf05f2005 Enforcement letter sent by KS describing violations observed on 03f08/2005, 03110/2005, and 04/042005 Given unttl 04l257200510 corred. Also toid that file would 6e seM to the Cdy Attorney for adverse action CAR 04/05/2005 Per KS, piles of junk and tires, working on cars outside. Pickup truck parked on Orange had Pronto sign on vehicle) with truck bed full of �unk parts, tow tmck parked on residential street KS to write enforcement Ietter.CAR 03/10/2005 Kath fuei tmck blocking Cook Av Tire pile looks to have gotten bigger. Inoperable cars stored outdoors, large tow truck parked on Payne and Pronto pickup parked on Cook KS. 03/08f2005 Lar9e p�le of tires in back of building. Car parts stored outside KS �2l1 �l2005 Owner watinues to make {mprovements KS 02/07/2005 Looks to be in compliance. KS 02/04/2005 One car left and owner wdl pick up on 02/OS/2005. KS 02/02/2005 looks better KS Ot/31/2005 Stopped and taiked to licensee saitl he did not get letter,walked the licensed e5tablishment and showed him what needed to be cleaned up and said I would be back in a coupfe of days. KS 01725I20005 Sent letter to clean up KS D1/25I2�05 Received a complaint from council offices that cars are 6eing worked on outdoors, rars parked all around on the residential streets KS had �ust been to site and witl wnte an enforcement iettec CAR Ot/24/2005 Tires and parts stored outdoors Working on vehicle in front Place is a mess.KS 11/08/2004 Have received no objections against this auto repair garage license app by notification date per Marcia Moermond / license approved. cat 10704/20�4 - Notification Itr sent 10/�1i2004, response date 11/OSi2004 62M and 31 EM.gb 09f15f2004 letter sent for req not met carfcat Address Licensee � �or�tact � License � Cardholder � Licensee filame: P,VIER S RAMIREZ D@�.: PRONTO AUTO REPAIR Sales Tax Id: � Find f}Jow QK � Carrcei Never Search Hel�a "�r 1 �t ?' tdea�r Te�x �rp._..�� Copy Gro� +4dd Licerese... Rrapesties.� __ ___ _ � 1 ... �1Y`P11£�P`}�]�SFL�P �. . ' 1'YG1A �. ..� J...a...�.t...T.....:.. � JAVIEP, S RAMIREZ ;PR4NT0 AUTO REPAIR False Rfarms Active Ali Requiremei Auto Repair Garage Active 'License Prirrte _ .. ,_. . ° Fafse A�arms ,Complete :License Expirt License � � Property SkreEt #: ! Street Name: I SYreet Type: � Unit Ind: j City: � �tate: I �f+fard: � Dist Council: � Licensee: DBA: Sales Tax False Alarms False Alarms False Alarms Lie��ryse � 09-418 Licensee � lic. Types � lnsurance 3 Bond � Requiremerhs � + Licensee �` Unofficial Project Facilitator: TILLEY, CORINNE � 054 Adverse Act Camments AYhIE � AVE pirection: �� UnR #: � PkUL Zip: 55101 erowse �1�IER S RAMIREZ :ONTO fi.UTQ REPAIR 9949D Bus Phor 774-7700 i License Group Comma�s: 3112C2009 Property is in poor condition. File serrt to � ode Enforcemerrt for passible summary abatemerrt. � AR l i 3M 2t1DD9 Licensee is stili not in campliance with the i icense condition that prohibits exterior s?crsqe. To CAO Licensee Commerrts: �� G9t�ss Effective Expir�iarai R 01 A]1 t2008 12l31 J'10D9 R 01 N1 C2007 , 12C31 C2007 R 01 !a1 tZQ08 12C31 l2008 Saae Changes to History � �itaoti.S LtCBt'T'`.sEF@e � �i�;�j N $O.DO ' �� N $�.�0 i N $d.�0 �. � 04� ; Carac�l �� i-ielp License Licensee Licensee Name: DBk: Sales Tax Id: AA Corrtract Rec'd: AA Fee Coliected: Other Aaenev Licer Acti+re �._.�.:�....-,,,.;� , Rroperties... Financ Hold Reasons Reason Rctive 6ate T�Ie 09-418 � Lic. Types � Insurance � 8ond � Requiremerrts � S RAMIREZ ) AUTO REPAIR �� Non-Profit: � �'Jorker's Comp. 0100Np00 )00 AA Training Rec'd: ONOAJ000 ]00 Discourrt Rec'd: � f�fame I Li�er,se T}�pe i.icense # Expir�tio � ina�fiv� Last Nam� Firs# Riame Backgrnund Check Required � Lic�nse # Corrt�c3 Pr��ier��es... � Seae Changes to History -Mail License To; - a �'� �� -�� s'•` Mail To Corrtact �51) 774-7700�� `° License Addres: Mail Invoice To: — � Mail Ta Corrtact ;: � � Licerse Addres: ' Car��el � Help � � � � Pa�-51 ;P�; 9 ',;,r��. Licensee AVIER S RAMIREZ DBA ftOh1T0 AUTO REPAIR License � Licensee Lic. Types � ��,$urance � Bond License Ty+pe: Auto Repair Garage �. Effective: 9N1 f2004 Expiration: 9N1(1009 Apply Discour�t: � Remove Discour�t: � Discou� Rec'd: � Replace Fee: � # of Uniks: � 1 DAVE � Requiremerds � License Class: i� Status: ctive � Status Changed: �ro8t2�08 Appiication Dste: 8l30t2004 Phone # ,+; , �ctd _ Remove � �(651) 228-6298 °*f ' ,4dd hd� R�ov_e Tag #: � p Fields Cht�Iti� License Type Comme�s(lang): �EV9' �LFietr Lic�n�� f? Changes to History C�F 5 Of S >.`.. C�tw�i t-t�ip License Group Conditions Text Licensee: �pVIER S R4MIREZ �BA� PRONTO AUTO REPAIR License #: 20040003958 � � � � � 03/12/2009 7 The number of customer and employee vehicles must not exceed 12 vehicles, which must be parked in the area designated on a LIEP approved s�te plan. Employee vehicies may not be parked or stored m the aliey. 2 There shall be no exterior storege of vehicle parts, tires, oii or any other similar matenals associated with the busmess. Trash will be stored in a covered dumpster, 3. At no time shall vehicles associated with this busines5 be parked in the driveway or in the public right-of-way This includes business service vehicles and vehicles awaiting repair or pick up 4 A!I vehicles parked outtloo�s must appear to 6e opesable and completely assembted wiYh no major body parts missing. 5 Vehicle salvage is not permitted 6. No auto repair of vehicies may occur on the e�erior of the lot or in the public right-of-way All repair work must occur within an enclosed building. 7. Vehicles awaiting repair may not be parked or stoied in the alleyor on the street. 8. Auto body repair and auto botly spray painting is not permitted 9 Customer vehicles may not be parked longer than '10 days on the premises. It shall be the responsibiiity of the licensee to ensure that any vehicle not cla�med by its owner is removed from the lot as permftted by iaw 10 Vehicle sales is not permitted 11 Provide maneuvenng space on the property to allow vehides entenng and exiUng the site to proceed forward Backing from the street or on to the sireet is prohibitetl 12 licensee must comply w+th all federal, state and Iocal laws. �� - • DEPAR'IMENT OF SAFE IY AND INSPECTIONS Bob Kessler, Direclor C�T�' �F SAINT PE1Z Tj- 375Jackson Stree; Surte 220 Telephone.� 651-266-9090 ChristopherB.Coleman,Mayor SaintPaul,MFnnesota55101-1806 Facsimile. 651-166-9124 Web: www.stPaulgov/dsi February 12, 2009 Javier Ramirez Pronto Auto Repair 1054 Payne Ave. St. Paul, Mn 55101 Mr. Ramirez, On February 11, 2009 I conducted an inspection of the above property. At that time the following violation of your conditions were found. Condition l, No more than 12 vehicles may be parked on the lot. This includes employee and customer vehicles. At the time of my inspection there were 16 cars on the lot. Condirion 2, No exterior storage of vehicle parts, tires, oi1 or any other similar materials associated with the business will be stored outside. There was a hoist in the back parking lot, parts all around the metal shed on the ground and tires stacked at the back of the metal shed. Condition 3, Vehicies associated with this business cannot be parked in the driveway ar in the public right - of -way. This includes business service vehicles and vehicles waiting for repair or pick up. Your huck was pazked on Payne Ave. in the 1 S min. pazking. There was a vehicle being towed in by a truck that was blocking the sidewalk. At the time there was no way to tow the vehicle onto the lot because there was not enough room to maneuver it. Condition 11, Provide maneuvering space on the property to allow for vehicles entering and exiting the site to proceed forward. Backing from the street or onto the street is prohibit:.d. I have enclosed a copy of your conditions along with some of the pictures I took demonstrating the condition described above. The violations must be corrected by February 28, 2009 or adverse action will be taken on yourlicense. If you have any questions piease feel free to contact me at (651) 266-9110. Respectfully, Kristina Schweinler, Sr. License Inspector Ca Christine Rozek, Deputy Director Rachel Tierney, Asst. City Atty. An Equal Opportunity Employex - --- --- -- - -- ----- - ---------- --- -- - (3/11/2009) Christine Rozek - 1054 Payne Pronto Auto Repair __ 09 _____ Page 1' From: Kristina Schweinler To: Rozek, Christine Date: 3(11f2009 2:27 PM Subjed: 1054 Pay�e Pronto Auto Repair Christine, On 3{10/09 I re-inspected the above address. At thaC time I took additional pictures. There have been no improvement to this property in fact I think it has gotten worse. The Cargo container is not allowed. That is considered outdoor storage. I also noted that there are vehicle parts on the roof of the building. In my 2(12/09 letter to them I gave them until 2(28/09 to remove and correct the violation. As you can see it has not been done. (3112/2009) Christine Rozek - 1054 Payne From: Kristina Schweinler To; Rozek, Christine CC: Tierney, Rachef Date: 3/12/2009 9:12 AM Subject: 1054 Payne ----09-�Ig - ----- P age 1 Christine, On 2/12/09 I iss�ed orders to Javier Ramirez D.B.A. Pronto Auto Repair at the above address. On 3/10/09 I reinspected this property. I issued orders to reduce the vehicles to 12. There were 13 at that time. Condition 2 the orders were to remove all exterior storage of vehicle parts,tires or similar materfals. Addition pictures were taken of tires that are stored beside the garage,vehicle parts on the roof of the repair shop, parts and equipment and garbage strewn around the properiy. In addition there is a portable storage container that is considered outdoor storage according to zoning , it can not be used as storage for vehicle parts and needs to be removed. Condition 3. I did not see the tow truck or other business vehicles being parked on ths s:reet. There were a number of vehicles parked on the street that may be employees or vehicles waiting for repair but they all appeared to be operable with no parts missing so they could have been associated with other business or property. Condition 11. On this day there was room to maneuver in the front lot but not much. Cars would still have to back into the street. The entire lot is still a mess. �"� �� . . � � 09-418 - �,::r , ., _. _ ,. ��;� -� �.� � � .. ;� �:� � ,� �,,.. � a �.�- :; � �f� `" � � , , . ', � " t� . _ - - . ' �"�' '�'a �,� x �� 2� 3 q g va � �� _ .. , 4' `k . �v \ ^ _ .. ' ,. � .� {{{ �" � SC.c . .��;.�eti .. . , . . . , .. . . . . . ' �i � . � �.c t .+�' � . 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'� t 2 . .. � J�,s � f � �q�'c�.:: „' .,7' . 4 . ti. � � � � ' + 9 > > � �.1�� iC'� � . :, 7 ,!✓ • �� , , ` t � < � , k.' � . , � ''�� +�, a�� % �+� t � � � � ;,,. � . `. } a � � � � r �7� `ii. �� ' ,�, r , � � Z � S �'� �! � � .. ` �"F' � . . , .; � . s . . ' t � + �,i,�� . , ;� � " , 3' s �� ,. � � �� ; 'i �� '� r f � ' r� ` � ' �-�� `�� s ('r y • ' j , . � ,' "��, NP � � �. �' . : � , �� . R �� OFFICE OF THE CITY ATTORNEY John J. Choi, Ciry Attomey Sw[NS PAUL CITY OF SAINT PAUL CivilDivision � ChnstopherB. Coleman, Mayor 40o CiryHall 15 West Kellogg Blvd. AAAA Saint Paul, Minnesota 55102 Mazch 18, 2009 NOTICE OF VIOLATION Javier S. Ramirez Pronto Auto Repair 1054 Pa}me Avenue St. Paui, MN 55101 Telephone: 657 266-8710 Facsrmile: 651 298-5619 RE: All licenses held by Javier S. Ramirez d/b/a Pronto Auto Repair for the premises located at 1054 Payne Avenue in Saint Paul LicenseTD #2004000395$ Deaz Mr. Ramirez: The Department of Safety and Inspections (DSI) has recommended adverse action against all licenses held by Javier S. Ramirez dfb/a Pronto Auto Repair for the premises ]ocated at ]054 Payne Avenue in Saint Paul. The basis for the recommendation is as follows: On February 12, 2009, you received a letter from DSI regarding the violations found during an inspection of your property the previous day. The following license condition violations were cited: 1) There were sixteen (16) cars in the lot in violation of license condition #1 which states: °`The number of customer and employee vehictes must not exceed I2 vehicles, which must be parked in the area designated on the LIEP approved site plan. Employee vehicles may not be parked or stored in the alley." 2) There was a hoist in the back parking lot, parts all around the metal shed on the ground and tires stacked at the back of the metal shed in violation of license condition #2 which states: "There shall be not exterior storage of vehicle parts, tires, oil or any other simidar materials associated with the business. Trash will be stored in a covered dumpster." Affirmative Action Equal Opportunity Emplover �� - � Pronto Auto Repair March 18, 2009 Page 2 3) Your ttuck was parked on Payne Avenue in the fifteen (15) minute parking. There was a vehicle being towed in by a truck that was blocking the sidewalk. This is a violation of license condition #3 which states: "At no time shall vehicles associated with this business be parked in the driveway or in the pubtic right-of-way. T7tis includes business service vehicles and ve3zicles awaiting repair or pick up." 4) At the same time, there was no way fo tow the vehicle onto the lot because there was not enough room to maneuver it. This is a violation to license condition #11 which states: "Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward. Backing from the street or on to the street is prohibited." You were given until February 28, 2009 to make the necessary corrections to the four (4) violations cited. On March 10, 2004, the DSI inspector came back to your establishment to re-inspect the property and found that you were still in violation of license conditions #1, #2, #3 and #11 which were first cited on February 11, 2009. Therefore, per Saint Paui I.egislative Code §310.05(m)(1), t}�e licensing office will recommend a$500.00 matrix penalty for the continued violations to your license conditions. At this time, you have three options on how to proceed: You can pay the $500.00 matrix penalty. If this is your choice, you should send the payment directly to the Department of Safety and Inspections at 375 Jackson Stre�t, Ste. 220, St. Paul, Minnesota 55 10 1-1 806 no ]ater than Monday, March 30, 2009. Payment should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $500.00 mauix penalty will be considered to be a waiver of the heazing to which you are entitied. 2. If you wish to admit the facts but contest the penalty, you may have a public heazing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public heazing. We will need to receive your lette* by Monday, March 30, 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 appear before the Council and make a statement on your own behalf. 3, ff you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City will be able to appeaz and present w:tr.esses, evidence and cross-examine each other's witnesses. The St. Pau] City Council wili ultimately decide the case. If this is your choice, please advise me no later than Monday, March 30, 2009, and I will take the necessary steps to schedule the administraTive heazing. Affirntative Action Eoual Onnortimitv F.mnlnvPr � � � � Pronto Auto Repair Mazch 18, 2009 Page 3 If you have not contacted me by that date, I will assuu�e that you do not contest the imposition of the $500.00 matrix penalty. In that case, the matter wil1 be placed on the Council 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, �, ��' �,�.`,`"� Rache] Tierney Assistant City Attorney ca Chzistine Rozek, Deputy Director of DSI 7avier S. Ramirez, 356 Hawthorne Avenue, St. Paul, MN 55101 Ms. L.eslie McMunay, Exec. Director, Payne Phalen District 5 Planning Council 506 Kenny Road, Suite 130, St. Paul, MN 55130 Affirmative Action Equal Opportunity Employer IB'd i86 Pronto Auto Repair 1054 Payne Ave St.PauP,MN 55130 (651 j 774-?700 To whom it may concern: 096�1 6a0Z-�z-htiW l5 1 Javier Sanchez, am writing this lefter to request a pu6lic hearing. The reason im requesting this letter is to see if the council can reduce my penalty fine. Please contact me at (651)775-8457 if any questions regarding this letter. t ; �L t S= ' � � 4 `� Chapter 31Q. Uniform License Procedures 09-418 Page 1 of 2 i `.� '1% (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 susgensions and the propriety of revocations, and shall apply to all license types, except that in the case of a violation involving a liquor lice�se § 40926 shai! 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 tha! ;here exist substantial and compelfing reasons making it more appropriate to do so. When deviating from these standards, the council shafl provide written reasons that specify why the penalty seiected was more appropriate. TABLE INSET: Type of Violation APpearance ist 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 $2,000.00 fine the legislative code relating $1,000.00 and 10-day Revocation to the licensed activity fine suspension (2) Violation of provisions of the legislative code relating $2,000.00 fine to the licensed activity, $500.00 fine $1,000.00 and 10-day Revocation other than violations of the fine suspension food code (3) Failure to permit 5-day 10-day 15-day Revocation entrance or inspection by suspension suspension suspension LfEP inspector or police (4) Commission of a crime other than a felony on the $7fl0.00 $1,500.00 5-day Revocation premises by a licensee or suspension employee (5j Commission of a felony on the premises by a $2,0�0.0� Revocation nfa nJa licensee or employee (6) Death or great bodiiy 30-day 60-day harm in establishment suspension suspension Revocation n(a refated to violation of law or license conditions (7) Failure to pay license Revocation fees (8) Critical violations under $1,000.00, 5- Revocation 331A $25�.0� $500.00 day suspension (9) Non-criticai violation $�50.00 $250.00 $500.00 $1,000.00 under 331A (i) Fines payable without heanng . A. Notwithstanding the provisions of section 310.05(c), a Iicensee 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, uniess the http://librazy3.municode.com/4472/DocView/1 006 1 /1 /3 1 7/3 1 8?hilite=310 O5; 3l17/2009 Chapter 310. Uniform LicensP Procedures 09-418 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 ofi 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 Gouncil. The above council hearing requirement applies to violations under Chapter 331A unless the fine recommended by the Department of Safety and inspections is equaf to or less tfian the fine amount ou;fined in the above matrix. Payment of the recommended fine wili be considered to be a waiver of the hearing to which the licensee is entitled, and wili be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. A non-criticai violation under chapter 331A shail not be considered an "appearance" for purposes of determining presumptive penaities 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 outfined above. http://library3.municode.coml4472/DocView/10061l1l317/318?hilite=310 O5; 3/l7l2009 STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) 09-418 AFFIDAVIT OF SERVICE BY U S MAIL Julie Kraus, being first duly swom, deposes and says that on the- ��,��day of March, she served the attached NOTICE OF COUNCIL FIEARING by placing a true and correct copy thereof in an envelope addressed as follows: Javier Sanchez Pronto Auto Repair 1054 Payne Avenue St. Paul, MN 55130 Javier S. Ramirez 356 Hawthorne Avenue St. Paul, MN 55101 Ms. Leslie McMurray, Exec. Director Payne Phalen District 5 Planning Counci] 506 Kenny Road, Suite 130 St. Paul, MN 55130 (which is the last known address of said person) depositing the same, with postage prepaid, in the Unated States mail at St. Paul, Minnesota. n ' y I ', - � - r'L-! vn e Kraus Subscribed and sworn to before me this �'� day of Mazch, 2009 �� G�� Notary Public � :,_ _ � �.�. .:.��. �_m ;r"��n$� =a;,o'r�a:�Jan,s^h-�Fda,��er� ti�i b " i ;Y,��- � ,�(�,r ,,,.., r`��:'r``, ..'; !^r.,rtt.:': €. � °� p 'r�r.,•;�:- .�.�;+ �; 4,. �e. � . - . . .. .. " .v �.�1. STATE OF MIN�ESOT ' � ss. COiINTY OFRAMSEY ) �� • AFFIDAVIT OF 5�,._ ✓ICE BY U.S. MAIL Julie Kraus, being first duly sworn, deposes and says that on the ��day of Mazch, she served the attached NOTICE OF VIOLATION by placing a true and cozrect copy thereof in an envelope addressed as follows: Javier S. Ramirez Pronto Auto Repair 1054 Payne Avenue St. Paul, MN 55101 Javier S. Ramirez 356 Hawthorne Avenue St. Paul, MN 551Q1 Ms. I.eslie McMurray, Exec. Director Payne Phalen District 5 Planning Council 506 Kenny Road, Suite 130 St. Paul, MN 55130 (which is the last known address of said person) depositing the same, with postage prepaid, in the United 5tates mail at St. Paul, Minnesota. ��' ;� Ju ' Kraus Subscribed and sworn to before me this /b�i�" - day of March, 2009 ��. �� Notary Public RITA M. 805SARD NpTARY PUBIIC - MIN�SOTA MY COMMISSIDN EXPIRES JAN. 31. 20 1 0