09-816Council File #_�
Green Sheet # S
RESOLUTION
OF SAINT PAUL, MINiVESOTA
Presented by
2
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0
WI�REAS, adverse action was taken against the Tree Trimmer & 1 Vehicle license held by Clean
Cut Tree Service, Inc. dlbla Clean Cut Tree Service (License ID#20070000383) for the City of Saint Paui
by Notice of Intent to Suspend License dated July 1, 2009, alleging licensee failed to pay delinquent
license and late fees of $267.00 and submit current insurance and vehicle information; and
WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
delinquent license and late fees and submit current insurance and vehicle information; and
9 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
10 delinquent license and late fees and submit current insurance and vehicle information by July 13, 2009,
11 that the matter would be placed on the consent agenda to impose the recommended penalty; now,
12 therefore, be it
13
14 RESOLVED, that the Tree Trimmer & 1 Vehicle license held by Clean Cut Tree Service, Inc. d/b/a
15 Clean Cut Tree Service is hereby suspended and the licensee is ordered to pay a matrix penalty of $500.00
16 for failure to submit cunent insurance and vehicle information. Payment of such penalty shall be made
17 within thirty days of the date of the adoprion of this resolution.
Requested by Department of:
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By: ' �,.,ca��� �} M-
Adopted by Council: Date '� ' � (�}G�
Adop � ertifie oun ' Secretary
By:
Appro b a Date Q
By:
Form roved by City Attorney
By: �uc,��l.t.C��
Form A rov by M for S ssio o Council
By:
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DepartrnentlOffice/Council: � Date IniHated: � � ✓ �� �
i S� _Dept.ofSafety&Inspections 24JUL-09 Green Sheet NO: 3073059
Department SentToPerson InitiallDate
Contact Person 8 Phone: i i
j Rachel Tiemev � 0 � enk of Safetv & Insnections i� '�
j 266-8710 1 e kofSafe &In 'ons DenartmentDirector I
Assign 2 �LSN Attornev �-------�
; Must Be on Council Agenda by (Date): Number
I O5-AUG-09 C C 1 � �� �q�.> I For 3 avor's O&ce i i Mavor�t j
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Doa Type: RESOLUTION O�der 5 ' Qerk CiN C1erk
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E-Document Required: Y �
Document Contact: Julie Kraus �
Contad Phone: 266-8776 I
Total # of Signature Pages _(Clip All LocaGons for Signature)
Action Requested:
Approval of the attached resolution to take adverse action agains[ the Tree Trimmer & 1 Vehicle license held by Clean Cut Tree
Service, Inc. d/H/a Clean Cut Tree Services (License ID#20070000383) for the City of Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following fluestions:
Planning Commission 1. Has this person/firtn ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirtn ever been a city employee?
Yes No
3. Dces 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 to pay delinquent license and late fees of $267,OQ and submit current insurance and vehicle infoixnation. After
notification, licensee did not respond to the Notice of intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 matrix penalty.
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of CosVRevenue Bud eted:
Transaction: 9
Funding Source: Activity Number:
Financial Information:
(Explain�
July 24, 2009 10:01 AM Page 1
OFFICE OF THE CITY ATTORNEY
John J. Choi, City Attomey p `,,
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PAUL
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Ju1y 1, 2009
CITYOF SAfNT PAUL CivilDivision
Chnstopher B. Goleman, Mayor 400 City Hall
75 West KelloggBlvd.
Saint Paul, Minnesota 55702
NOTICE OF INTENT TO SUSPEND LICENSE
Owner/Manager
Clean Cut Tree Service
6748 Elm Street
North Branch, MN 55056
Telephone: 651266-8770
Facs�mile: 657 298-5619
RE: Tree Trimmer & 1 Vehicle license held by Clean Cut Tree Service, Inc, d/b/a Clean Cut Tree Service
for the City of Saint Paul
License ID #20070000383
Deaz Sir/Madam:
The Department of Safety and Inspections (DSI) has recommended suspension of the Tree Trimmer & 1
Vehicle license held by Clean Cut Tree Service, Inc. d/b!a Clean Cut Tree Service for the City of Saint Paul. The
basis for the recommendation is as fo]lows:
On May 26, 2009, you were sent a letter and RENEWAL INVOICE from the
Department of Safety and Inspections (DSI) stating that your Tree Trimmer &
1 Vehicle license was delinquent and you owed $267.00 in license and late fees.
You were also asked to submit current insurance and vehicle information (year,
make, model and license plate number).
You were given until June 16, 2009, to pay the delinquent license and late fees
and submit the requested insurance and vehicle information. As of today's
date, that has not been received.
In addition to the suspension of your Tree Trimmer & 1 Vehicle ]icense, per Saint Paul Legislative Code
§310.05 (m) (2), the licensing office will also recommend a$500.00 matrix penalty fot failure to submit required
insnrance and vehicle information in order to maintain your license.
At this time, you have three options on how to proceed:
You can pay the delinquent license and late fees, $500.00 matrix penalty and submit the required insurance
and vehicle information. If this is your choice, you should send the payments and information directly to
the Depar[ment of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806
no later than Monday, July 13, 2009. Informafion shou]d be directed to the attention of Chrisrine Rozek.
A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license and late
fees, $500.00 matrix penalty and submission of required insurance and vehicle information will be
considered to be a waiver of the hearing to which you are entitled.
Affirmative Action Equal Opportunity Employer
Clean Cut Tree Service, Inc.
July 1, 2009
Page 2
D i �O � �-!'
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 wil] 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, July 13, 2009. The matter will then be scheduled
before the Ciry Council for a public hearing to determine whether to suspend your license and 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 no longer wish to do business in the Ciry of Saint Paul, you will need to send a written statement to
that effect to the Departrnent of Safety and Inspecdons, at 37S Jackson Street, Ste. 22Q St, Paul,
Minnesota 55101-1806 no later than Monday, July 13, 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
suspension of your license and 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 questions about these options, please fee] free to contact me at 266-8710.
Sincerely,
.� ��,
��G�w�.-� I (�,u'�
Rachel Tiemey `
Assistant City Attorney
cc Christine Rozek, Deputy Director of DSI
Cathie Pascavage, President, 6748 Elm Street, North Branch, MN 55�56
Affirmarive Action Equal Opportunity Employer
STATE OF MINNESOTF'
, ss.
COUNTX OF RAMSEY }
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Julie Kraus, being first duly swom, deposes and says that on the �� day of July, she
served the attached NOTICE OF INfiENT TO SUSPEND LICENSE by placing a true and
correct copy thereof in an envelope addressed as foliows:
Owner/Manager
Clean Cut Tree Service
6748 Blm Street
North Branch, MN 55056
Cathie Pascavage, President
6748 Elm Street �
North Branch, MN 55056
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Julie Kraus
Subscrib�d and sworn to before me
this 9 5 '� day of July, 2009
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Notary Public
AFFIDAVIT OR SE_ ICE BY U.S. MAIL
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Chapter 310. Uniform Licens °rocedures
Page 7 of 3
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(m) Presumptive penalties for certain viofations. The purpose of this section is to estabiish a
standard by which the city councii determines the amount of fines, the length of license
suspensions and the propriety of revocations, and shall apply to ali license types, except that in
the case of a violation invoiving a liquor ficense § 409.26 shall apply where a specific violation is
listed. In the case of an adverse action filed for a violation of chapter 331A, the licensee shall be
given a fine for each individuaf vioiation of § 331A. The totaf fine amount for violations ofi § 331A
may exceed the maximum fine outlined below due to multiple violations in one ('I) appearance.
All pena{ty recommendations for chapter 331A violations shall be based on the food penafry
guideline referred to in chapter 331A. These penaities are presumed to be appropriate for every
case; however the council may deviate therefrom in an individual case where the councif finds
and determines that there exist substant+al and compelling reasons making it more appropriate
to do so. When deviating from these standards, the counc+l shall provide written reasons that
specify why the penalty selected was more appropriate.
TABLE INSET:
Type of Viofation
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 10-day Revocation
to the licensed activity fine sus ension
P
(3) Violation of provisions of
the legislative code re�ating $2,000.00 fine
to the licensed activity, $50�.00 fine $1,000.00 and 10-day Revocation
other than violations of the fine suspension
food code
(4) Failure to permit 5-day 10-day �5-day Revocation
entrance or inspection by suspension suspension suspension
DSI inspector or police
(5) Commission of a crime
other than a felony on the 5-day Revocation
premises by a licensee or $�00.00 $1,500.00 suspension
employee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation n/a nJa
licensee or employee
(7) Death or great bodily 30-day 60-day
harm in establishment suspension suspension Revocation n/a
related to violation of law or
Iicense conditions
(8) Faifure to pay Iicense Revocation
fees
9 Critical vio{ations under $1,000.00, 5-
� � $250.00 $500.00 day Revocation
331 A
suspension
(10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under331A
(i) Fines payab/e without hearing .
Chapter 310. Uniform Licen� �rocedures
Page 2 of 3
o�-���
A. Nofivithstanding 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
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 eniiiled, and will be considered an "appearance"
for the purpose of determining presumptive penaities fior 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 Council. 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
outlined above.
(ii} Mulfiple violations. At a ficensee's first appearance before the city council, the
council shall consider and act upon all the viofations that have been aileged andior
incorporated in the notices sent to the licensee under the administrative procedures act
up to and including the formal notice oT hearing. The council in that case shalf consider
the presumptive penalty for each such violation under the "1st Appearance" cofumn in
paragraph (b) above. The occurrence of mu{tiple viofations shalf be grounds for
departure from suCh penalties in the council's discretion.
(iii) Violations occurring after the date of the notice of hearing. Violations occurring
after the date of the notice of hearing that are brought to the attention of the city attorney
prior to the hearing date before an administrative law judge (or before the council in an
uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee
admits to the facts, and shall in that case be treated as though part of the "1st
Appearance." In all other cases, violations occurring after the date of the formal notice of
hearing shall be the subject of a separate proceeding and dealt with as a"2nd
Appearance" before the council. 7he same procedures shall apply to a second, third or
fouRh appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particular licensee, the co�ncil shall impose the presumptive penalty for the
violation or violations giving rise to the subsequent appearance without regard to the
particular violation or violations that were the subject of the first or prior appearance.
However, non-critical violations of Chapter 331A shall nat be counted as an
"appearance" before the Council in relation to any violation other than another violation
of Chapter 331A.
(v) Compufation of time.
(1) If a licensee appears before the council for any violation in paragraph (m)
where that violation has occurred within twelve (12) ca(endar months after the
first appearance of the same licensee for a violation listed in paragraph (m)
above or section 409.26, the current appearance shall be treated as a second
appearance for the purpose of determining the presumptive penalty.
(2) if a licensee has appeared before the council on two (2) previous occasions
Chapter 3] 0. Uniform Licen� 'rocedures Page 3 of 3
a 9-�1 Cr
fior violaiions listed in paragraph (m) or section 409.26, and if said licensee again
appears before the eouncil for a violation listed in paragraph (m), and if the
current violation occurs within eighteen (18) calendar months of the violation that
gave rise to the first appearance before the council, then the current appearance
shall be treated as a third appearance for the purpose of determining
presumptive penalty.
(3) If a ficensee has appeared before the council on three (3) previous
occasions, each for violations listed in paragraph (m) or section 409.26, and if
said licensee again appears before the council for a violation contained in
paragraph (m), and if the current violation occurred within twenty-four (24)
calendar months of the violation that gave rise to the first appearance, then the
current appearance shall be treated as a fouRh appearance for the purpose of
determining the presumptive penalty.
(4) Any appearance not covered by subsections (1), (2) or (3) above shall be
treated as a first appearance. In case of multiple violations in any appearance,
the date to be used to measure whether twelve (12), eighteen (18), or twenty-four
(24) months have elapsed shall be the date of the violation last in time at the first
appearance, and the date of the violation first in time at any subsequent
appearance.
(5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second
appearance before the council regarding a death or great bodily harm in a
licensed establishment that is related to a violation of the law or license
conditions shall be counted as a second appearance, regardless of how much
time has passed since the first appearance if the first appearance was also
regarding a death or great bodily harm in a licensed establishment. A third
appearance for the same shall be counted as a third appearance regardless of
how much time has passed since the first or second appearance.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, 3§ 1, 2, 5-17-88; Ord. No. 17659,
§ 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-
94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. 05-180, § 1, 4-6-05; C.F.
No. 06-954, § 1, 11-8-06; C.F, No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)