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09-531Council Ftile # �j Green Sheet # Q Presented by RESOLUTION CITY Q��S/�lNT PAUL, MINNESOTA l � 1 WI�EREAS, adverse action was taken against the Auto Body Repair Body Shop license held by 2 Mailazd M. Tea1 dlb/a Mallazd's Recycling (License ID#20000004668) for the premises located at 860 3 Payne Avenue in Saint Paul, by Notice of Violation dated April 13, 2009, alleging licensee failed to 4 comply with the orders of a DSI Inspector regazding the removal of outdoor storage during a March 24, 5 2009, re-inspection in violation of Saint Paul Legislative Code §66.541; and 6 7 WHEREAS, the licensee did not respond to Che Notice of Violation to contest the allegation, pay 8 the $500.00 matrix penalty or request a public heazing; and 9 10 WHEREAS, the Notice of Violation stated that if the licensee failed to contest the allegation, pay i I the $500.00 matrix penalty or request a public hearing by Apri123, 2009, that the matter would be placed 12 on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that Mallard M. Teal d!b!a Mallazd's Recycling is hereby ordered to pay a matrix 15 penalty of $500.00 for failure to comply with the orders of a D3I Inspector regarding the removal of 16 outdoor storage cited during a March 24, 2009, re-inspection in violation of Saint Paul L,egislative Code 17 §66.541. Payment of such penalty shail be made within thirty days of the date of the adoption of this 18 resolution. Requested by Depaztment of: �� Lt�.� L' � By. / ' � Form roved by City Attorney BY� � i � Adoption Certifiad by Counci Secretary Form p ove b ayor for i�b �ssi f to Council BY� `c cS Ey: Approve�:� Date � By: Adopted by Council: Date �f?%�� J � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � Departrnenf/�celCounciL• ( Date Initiated: l v / r �J � ' S� _Dept.ofSafety8lnspections � 05-MAY-09 i Green Sheet NO: 3070194 � Assign Num6er For Routing Order 0 i 2 3 4 5 '� Contact Person & Phone: I Rachel Tiemev 266-a710 � Must Be on Council Agenda by ! 20-MAY-09/R,�,. ne s, Doc. Type; RESOLUTION j E-Document Required: Y ' Document Contact: Julie Kraus C Contad Phone: 26G8T76 ToW I# o Signat Pages _( All Lo wtio n s for S ignatu r e) Adion Requested: Approval of the attached resolurion to take adverse action against the Au[o Body Repair Shop license held by Mallazd M. Teal d/b/a Mallazd's Recycling (License ID#20000004668) for the premises located at 860 payne Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Foltowing Questions: 1. Has this persoNfi�m ever worked under a coMract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person�rm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed comply with orders of a DSI Inspector regarding rhe temoval of outdoor storage during a Mazch 24, 20�4 re- inspection in violarion of Saint Paul Legislative Code Section 66.541. After notiScation, licensee did not respond to the Notice of Violation, AdvanYages If Approved: Imposition of $500.00 matrix penaky. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Tra�action: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activily Number: May 5, 2009 3:55 PM Page 1 OFFICE OF THE CITY ATTORNEY John ✓. Chw, CiyAttomey n �' `�� L� SAINT PAUL CITY OF SAINT PAUL � Civd Divisian ChnstopherB. Coleman, Mayo� 400 City Hall Telephone: 657 266-B710 75 West Kellogg Blvtl. Facs�mrle � 651298-5679 AAAA Samt Paul, Mmnesota 55702 April 13, 2009 NOTICE OF VIOLATION Mailazd M. Teal Mallazd's Recycling 860 Payne Avenue St. Paul, MN 55130 RE: Auto Body Repair Shop license held by Mallazd M. Teal dlb/a Mallard's Recycling for the premises located at 860 Payne Avenue in Saint Paul License ID #: 20000004668 Dear Mr. Teal: The Department of Safety and Inspections (DSI) has recommended adverse action against the Auto Body Repair Shop license held by Mallard M. Teal d(b/a Ma11azd's Recycling for the premises ]ocated at 860 Payne Avenue in Saint Paul. The basis for the recommendation is as follows: On February 23, 20Q9, you were sent a letter from the Department of Safety and Inspections regarding an inspection of your establishment on February 11, 2�09, based on complaints they received. During that inspection, the DSI Inspector noted outdoor storage behind and on the side of your building. This is a violation of Saint Paul Legislative Code §66.541 which does not allow outdoor storage in a TN2 Zoning District. You were then instructed to remove ail vehicle parts, tires, oil storage, tools, racks for storage and temporary storage by a re-inspection on or after March 10, 2009. The DSI Inspectoa returned for that re-inspection on March 24, 2009, and noted that you had not complied with the order to remove the outdoor storage. Therefore, per Saint Paul L,egislative Code §310.05 (m) (Z) tbe licensing office will recommend a$500.00 matrix penalty for a violation of the provisions of the ]egislative code relating to the licensed activity. AA-ADA-EEO Emnlover Mallard's Recycling April 13, 2004 Page 2 At this time you have three options on how to proceed: D�-�3� You can pay the recommended $500.00 matrix penalty. If this is your choice, you should make payment directly to the Department of Safety and Inspections, at 375 7ackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Thursday, April 23, 2009. Information 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 will be considered to be a waiver of the hearing to which you aze entitled. 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]etter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Thursday, Apri123, 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. If 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 witnesses, evidence and cross-examine each other's witnesses. The St. Paul City Council wlll ultimately decide the case. If this is your choice, please advise me no later than Thursday, Apri123, 2009, and I will take the necessary steps to schedule the administrative hearing. 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 City Council Consent Agenda for approval of the recommended penalty. If you have any questions, feel free to contact me at 266-87 ] 0. Sincerely, �4.� f �, Rachei Tierney Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Mallard Teal, 144 Mounds Boulevard, St. Paul, MN 55106 Ms. Leslie McMunay, Executive Director, Payne Phalen District 5 Planning Council 1014 Payne Avenue, St. Paul, MN 55101-3933 STATE OF MINNES OT " ` � SS. COUNTY OF RAMSEY ) b� Julie Kraus, being first duly sworn, deposes and says that on the � of April, she served the attached NOTICE OF VIOLATION by ptacing a true and conect copy thereof in an envelope addressed as follows: Mallazd M. Teal Mallazd's Recycling 860 Payne Avenue St. Paul, MN 55130 Mallazd Teal 144 Mounds Boulevazd St. Paul, MN 55106 Ms. I,eslie McMunay, Exec. Director Payne Phalen District 5 Planning Council 1014 Payne Avenue St. Paul, MN 55101-3933 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Mlnnesota. a Ju ' Kraus Subscribed and sworn to before me this .��- day of April, 2009 �i �._, � /,l.t � Notary Public AFFIDAVIT OF Sh_ _ JICE BY U.S. MAIL RlTA M. BOSSARp NDTARV PUBLIC • MINl�SOTA MY COMMtSSION EXPIRES JAN. 37 , Z 0 1 0 Chapter 66. Zoning Code—Zoning District Uses, Density and Dimensional Standards Page 1 of 1 b � - �3) Sec. 66.541. Required conditions in the IR-13 industrial districts. (a) Outdoor storage. Outdoor storage is permitted subject to the foffowing conditions: (1) Except as provided in section 63.113, outdoor storage shall be no closer than three hundred (300) feet to a residential district or to a property accupied with a one-, two-, three-, four-, townhouse or multiple-family dwelling, and in the IR light industrial restricted district shali aiso be no cioser than three hundred (300) feet to a park, parkway, or major thoroughfare. (2) Outdoor storage shalf be fenced or wailed. Outdoor storage which abu[s a thoroughfare, a business district or a PD district shall be behind a six-foot-high obscuring fence. However, an obscuring fence shail not be required if the outdoor storage is screened by a building or topography. On sites where the topography renders an obscuring fence ineffectual as a screen, landscape screening shall be required. (b) Outdoor uses. In the IR, 11, and 13 industrial districts, all business, servicing, processing or manufacturing shall be conducted within compfetely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically aflowed as permitted or conditiona! uses. (c) Activities involving storage, utilization or manufacture of materials or products which contain their own oxidizing agent and which decompose by detonation are not permitted in the IR--11 industrial districts; provided that storage of small arms ammunition for retail sale shall be permitted; and further provided that research, medical and hospital laboratories, when operating under the direct supervision of scientifically trained personnel, may use the above material for research, medical and development purposes. Such activities are allowed in the 12 general industrial district when specifically authorized under the codes and ordinances of the city. {d) Meat packing plants, large metal shredders, the refining of petroleum or gasoline, and stock yards are prohibited. (C.F. No. 06-112, § 5, 2-22-06) http://library3.municode.com/4472/DocView/10061/1/86/93?hilite=66 541; 4/10/2009 CITY OF SAIN'I' PAUL Christopher B. Coleman, Mayor February 23, 2009 Mallard M. Teal Mallazds Recycling 860 Payne Ave. St. Paul, Mn. 55130 Mr. Teal, DEPAR"IMENT OF SAFETY AND INSPECTIONS Bo6 Kessler, Dirutor D�' S3 J 375JacksonStree[,Suc[e220 Teiephone: 651-266-9090 S¢entPaul,Minnesota55101-I806 F¢csimde: 651-266-9114 Web- www.sm¢u1 eov/dri An inspection of your licensed Auto Body Repair shop was made in response to complaints received. At the time of my inspection there were 14 vehicles associated with your business parked or being stored on the vacant lot on Payne and Aguirre Ave. All vehicles must be removed immediately. Also noted was the outdoor stozage behind and on the side of your building. The zoning code doesn't ailow outdoor storage in a TN2 zoning district as per St. Paul Legislative Code 66.541. All vehicle parts, tires, oil storage, tools, racks for storage and temporary structures must be removed. Vehicles pazked longer than 10 days aze considered storage. Condition 2 of your license dose not allow for vehicles in repair or waiting for repair to be parked on the stteet. Employees associated with your business should also not be pazking on the street. A re-inspection will be made on or after Mazch 10�'. All corrections must be made by then. You can contact me at (651) 266-9ll0 if you have any questions. R spectfully, �� Kristina Schweinler Sr. License �nspector Ca Christine Rozek, Deputy Dir. Rachel Tierney, Asst. City Atty. 144 Mounds Blvd. An Equal Opportunity Employer Chapter 310. Uniform License Procedures Page 1 of 2 b�-�3l (m) Presumpfive penalties for certain violations. "fhe purpose of ihis section is to establish a standard by wfiich the city councii determines the amount of fines, the length of license suspensions and the propriety of revocations, and shali apply to ali iicense types, except that in the case of a viofation invofving a fiquor license § 409.26 shatl appiy where a specific violation is listed. 4n fhe case of an adverse action fiied for a vioiation of chapter 331A, the licensee shall be given a fine tor each individual vioiation of § 33iA. The total fine amount for viofations of § 331A may exceed the maximum fine outfined befow due to muftipie viofations in one (1) appearance. Ail penaity recommendations for chapter 33�A viofations shall be based on the food penaity guideline referred to in chapter 331A. These penalties are presumed to be appropriate fior every case; however the council may deviate therefrom in an individuaf case where the councii finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the councif sha11 provide written reasons that specify why the penalty selected was more appropriate. TABLE INSET: Type of Violation Appearance 1st 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 $2,000.00 fine the legislative code relating $500.00 fine $1,000.00 and 1Q-day Revocation to the licensed activity fine suspension (3) Viotation 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 vio�ations of the fine suspension food code (4) Faiiure to permit 5-day 10-day 15-day Revocation entrance or inspection by suspension suspension suspension DSI inspector or police (5) Commission of a crime other than a felony on the $760.00 $1,500.00 5-day Revocation premises by a licensee or suspension empioyee (6j Commission of a felo�y on the premises by a $2,�00.00 Revocation n(a n/a licensee or employee (7) Death or great bodily 30-day 60-day harm in establishment suspension susgension Revocation n/a refated to violation of 1aw or license conditions (8) Faiture to pay license Revocation fees (9) Criticaf violations under $1,000.00, 5- Revocation 331A $250.00 $500.00 day suspension (10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00 under 331 A (i) Fines payable without hearing . http://library3.municode.com/4472/DocView/10061/I/317/318?hilite=310 O5; 4/10/2009 Chapter 310. tTniform License Procedures Page 2 of 2 b��5�� 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 �nspections without a council hearing, uniess the notice of violat+on has indicated that a hearing is required because of circumstances which may warrant deviation Trom the presumptive fine amount. Payment of the recommended fine wiN be considered to be a waiver of the hear+ng to which the licensee is entitled, and will be considered an "appearance" for the purpose ot determining presumptive penalties for subsequent viofations. http://library3.municode.coml4472/DocView/1OQ61/1l317/318?hilite=310 O5; 4110/2409