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09-884Council File # (�9 �� Green Sheet# 3074757 RESOLUTION �a, CITY OF $AINT PAUL, MlNNESOTA Presented by 1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heard at public hearing on August 5, 2009 hereby memorializes its decision 3 to certify and approve the July 21, 2009 decision of the Legislative Hearing Officer for the following 4 address: 6 ADDRESS 7 8 614 Thomas Avenue 9 10 APELLANT Cassandra Netzke, SMRLS o/blo Michele Renville 11 Decision: Appeal denied on the Summary Abatement Order and Condemnation and Order to Vacate and 12 granting an extension to August 1, 2009 to vacate the pTOperty unless the utilities are restored. 13 Requested by Departtnent o£ Adoption Certified by Counc' Secretaxy B � i Approve Ma or: Date b� By: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Department/OfficelCouncil: � Date Initiated: 09-��� co-��°���� � o�-au�� Green Sheet NO: 3074757 Contact Person & Phane: � � Deoartm¢nt sent7o Person Marcia Moermond � o councu &8570 ' � I I iCouncO � Denartmen[D'uector ', � Assign i 2 'CSty Clerk i I CiN Clerk Must Be on Council Agenda by (Date}: ' Number ' 3 ' I � For � �' Routing �, 4� �' i DoaT RESOLUTION �f Order i 5{ I YPe� E-Document Required: Y Dacument Corrtact: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) � Resolution memorializing City Council action taken August 5, 2D09 denying the appeal and ganting an extension for properry at 869 Fuller Avenue. Recommendations: Approve (A) or Reject {R): Planni�g Commission CIB Committee Civil Service Commission Personal Secvice Cont2cts lAust Answer the Foliowing Questions: 7. Has this personffirm ever worked under a contract for this department? Yes No 2 Has this person/firm ever been a Gty employee� Yes Na 3. Dces this personffirm possess a skill not rwrmally possessed by any current city empWyee? Yes No Explain alf yes answers on separete sheet antl attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain� CosURevenue Budgeted: Activity Number. August 6, 2009 139 PM Page 1 t �cs � e' w ; . mfNn ;,,,,�,� July 15, 2009 �Kenneth Shaw 870 Fuller Ave. St. Pau{, MN 55104 RE: 869 Fuller Ave. Dear Dianne & Kenneth: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your appiication for an appeal has been received and processed. �j-8� � Pfease attend the public hearing before the Legislative Hearing Officer on Tuesday, Juty 21, 20Q9 at 12:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officer wil! hear all parties relative to this action. Failure to appear at the hearing may result in deniai of your appeal. Sincerely, �,����cu/vl �"YW° � Shari Moore City Clerk cc: Harold Roninson, Code Enforcement Supervisor Jack Reardon, Gode Enforcement Officer Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 4VEST KELLOGG BOTTLEVARD, SUIT'E 310 SAINT PAUI, MINNESOTA55102 Tel: 651-266-8688 Fax: 651-7b6-S574 wwwstpaul.gov M�rmative Action Equal Opportunity Empioyer APPLI�A`TION FOR APPEAL � Saint Pai*1 City Clerk 15 W. KeIlogg Blvd., 310 City Ha�l Saint Paul, Minneso�a 5� 102 Telepnone:(551) 266-8688 1. Address of Propert; being Appeaied: 2. Number of D�� �//e� �v� / oy-�s� J�������F� �!T ` Units: I 3. Date of I,e�ie: App'ealed: { 7��� 4. l�iame of Owner: J � n �— �/�'� � � 6'1 �2 ��� � Address: 1f ��! �U•2 City: {"G,�1 9tate: 2ig:� .�1 0 �/= Phone Numbers: usiness Residence� ��a� 7�- Cellulaz �� �3 7 Signature: o � � �� . �. AppellanY! AppTieant (if other fihan owner}: . ` Address: Jl lP � f!ti ���.rr" fyU� Ciiy: �. 4� � State: �ZiP: S�/0 � Phone lVumbers: usiness Residance CeIlular Y�3 � �Signature:� C� 6 Stat� spec'�icall� what is being appeaied' and wl�y (I3se aFt attachment if necessary): �� J�e. �Yo fh e r O� �d� 2 ljw � � �' %S rio o� �(o ^" � � P „�' ` �'l9 ��/�er /�o �!< 7-/S /�i,.�� .�o,�.�c� /�tc� {„�e� -�'o ,hfi�y �1�-2 /io�cse aac% uF-� fo CoDe.. � c.r�a t no�f�wo�e- /�7� 7 Ci.�c es 1� -F �✓a.. (� ��aHei ltaDreci�'fe. �ti �,r�� -�o sLra,ti�,te.� uP �1�,s rha� % ,qnf,E (/�ati NOTE: fz $25.00 filing fee made payable to the City of Saint Paul must accompany this apglication as a necessary condition for. filing. You must aftach a copy of the original orders and any other eortespondence reiative to tfus appeal. Any persoa� unsatisfied bg rhe final decision of the City CounciI may obtain judicial review by timely fiIing of an action as provided by law in AistricT Corsc. For 04�ce I3se Only ;� S�ate Received: Fee Received: Receipt Number: Aate of H�: al Revised 4/25/20a7 � DEPARTMENT OF SAFETY AI3D INSPECTIONS Richard Lippen, Managu af Code Enforcement (�1•"Y(}FSl��,-[P/��, J75Jackson ?e[ephone:651-2G6-8989 �r.:7msi, bi: �.ilu: , "OG f L�,-ZcU:i:: ChrfstopherB. Caleman, Mayor we�'ww"`s[aautQO /dst � J-�68 � Ju1y 10, 2009 NOTICE OF CONDEMNATION AS UNFIT FOR FIUMAN HABITATION AND ORDER TO VACATE William P OliverlJames D Oliver / E Diane Jaunita W Oliver Smith / Oscar T Oliver 869 Fuller Ave 869 Fuller Ave St Paul MN 55104-4742 St Paul MN 55104-4742 Deaz Sir or Madam: The Department af Safety and Inspections, Division of Code Enforcement, has determin.ed that the dwelling and premises at 869 FL3LLER AVE is "Unfit for Husnan Habitation". In accordance with 5aint Paul Legislative Code, Chapter 34, Secrion 23, the premises will be placarded on ruly 10, 2009 and ordered vacated no ]ater than 3uly 10, 2009. Your attention is called to the following provisions of Section 34.23, Subsection 6 entitled, "Vacation of Structure or Unit": "Any residential structure or residential nnit which has been condemned or placarded as unfit for human habitation shall be vacated within the time set forth in the placard andlor order. It shall be nnlawful for an� person to let to any person for human habitarion any structure or unit so condemned or placarded, and no person - - -- - - - - shall occupy the structure or unit after the date set forth in the placard and or norice." TAIS DWELLING SHALL NOT AGAIN BE USED FOR HUMAN AABITATION UNTIL WRITTEN APPROVAL IS SECURED kROM THE CITY OF SAINT PAUL; �Ep_A�_T.NIL+�NT 4F SAFETY ?�NA LNSP�CTIOtv�, 3?sVTSIQN Ok' CODE ENFORCENTENT An A�miadve Action Equal OpportuniTy Employer Arineiple Violations: These deficiencies must be corrected before this condemnation and vacate order will be removed. p l. Lack of basic faciiiries. Electric ancilor gas serviee snui ofi. � Authozizafion to reoccupy this/these dwelling unit(s) will not be given until it is demonstrated that all principal violations haue been coaected and that no new conditions exist wluch could constitute material endangerment or which threaten the peace, health, safery or welfare of the occupants of this building. All repairs and new installations must be made in accordance with the appropriate codes. Permit information may be obtained from the Building Inspecrion and Design Section, 375 Jackson Street, Suite 220, (651) 266-8989. You may file an appeal to this norice by contacting the City Clerk's Office at (651) 266-8688. Any appeal must be made in writing wittun 10 days of the date of this notice. It is the responsibility of the property owner to keep all buildings secured and to properly maintain the premises at all times. If you have any questions concerning this matter, please contact the Inspector, Jack Reardon, at 651-266-1913. To arrange an aQpointment or request an extension of time to complete repairs, you wiil need to speak directly to the inspector. Sincerely, RICHARD LIPPERT Manager of Code Enforcement aw c: Cominunity Stabilization Project HALO - Southern Minnesota Regional Legal Services \\willie\Amanda\ncr_r�.�e�mo.....��.,,,,�..,,. .,_� .. .�.'.." " CITY OF SAINT PAUL DEPARTMENT OF SAFETX AND INSPECTIONS DTVI5ION OF CODE ENFORCEMENT 375 Jackson Street, Suite 220 �,( �� � Saint Paul, NIN 55101-1806 �! �li/���� i ' � � � � Julv 10, 2009 Inspection Date Date Mailed T4ailed Br (init> 09 - 025717 Yog hais tias koj hais lus I3moob thiab koj tsis to taub tsab ntawv no, hu rau tus �chais lus ntawm (651) 266-8989. Nws yog pab dawb zwb.Si necessih un traductor, por favor llamanos al (651)266-8989. No costo. William P OliverJ3ames D Oliver 1 E Occupant Diane Smith / Oscaz T Oliver 869 FULLER AVE 869 Fu11er Ave St. Paul, MN 55104-4742 St Paul MN 55104-4742 Jaunita W Oliver 869 Fuller Ave StPaul MN 55104-4742 As owner or person(s) responsible for: 869 FULLER AVE you are hereby ordered to eHminate all nuisance conditions which are in vialation of Chapter 45 oF Saint Paul Legislarive Code. � Remove improperly stored or accumulated refuse including: garbage, rubbish, discarded furniture, appliances, ve}ucle parts, scrap wood and metal, recycling materisls, household items, building materials or rubble, fires, brush, etc., from ysrd areas. Also all garbage in garage! � � � � Cut and remove tall grass, weeds and rank plant growth. Remove and properly dispose of all animal feces from yard areas. Il14MEDIATELY secure all buildings which are open to unauthorized entry, inclnding: Other: If you do not correct the nuisance or file an appeal before July 14, 2009, the City will conect the nuisance and charge all costs, including boarding costs, against the property as a special assessment to be collected in the same way as property t�es. Charees: If the City corrects the nuisance, the charges will include the cost of correction, inspection, travel time, equipment, etc. The rate will 6e 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 �AT�][.IJRE �O�OA� RESULT I� A ��� I�A�, CITATIOAT Issued by: Jack Reardon Badge Number 324 Phone Number 651-2bb-1913 ' If you have any quesfions about tlus order, the requirements or the deadline, you should contact the Inspector listed above, Monday through Friday. Apneal5: You may appeal flvs order and obtam a heuing before the City Council by completing an appeal application wi[h the City Clerk deadline noted above or seven (7) days afta the date mailed, wluchcver comes fust. No appeals mav be &led after f6ai date. You mav obi Co�ectioa Order with your aaoeal avolicalion_ *WARNING Code inspection and eoforcemeni trips cost the f2<payecs money. If the violafions are ¢ot con�ted within the time peaod cu.�uired m this notice, the ciry's costs in condncting a reinspecrion after the due date for compliance wiil be collected from the owner rzther than bemg ptid by Yhe tazpayess of [he ciry. If additioaal new violations are discovered wiihin ihe next following 12 mo�s, the city's costs in conducting additional iuspections at f}us same Iocation wiUiln sucL 12 monflu will be collected from tLe owner mther t7uw being paid by the tacpayers of the ciTy. Avy such futnre cosis will be collected by assessment agains[ the real properry aad aze iu addition to any other Snes or assessments which may be levied against you and your property. Sa2 p2 60158 5109 July 21, 2009 Legislative Hearing Minutes 6G g � �( Page 13 � "f 5. Appeal of Kenneth Shaw to a Condemnation & Order to Vacate and a Summary Abatement Order for property at 869 Fuller Avenue. Mr. Reardon stated that the property was condemned on 7uly 1 Q 2009 due to lack of utilities as Xcel had cut the power at the pole after discovering the meter had been tampered with. He also issued a summary abatement order as there was a significant amount of garbage strewn everywhere and it appeazed there was no garbage service. The orders also indicated that the huilding needed to be secured as the porch was open to entry and he had found what appeared to be a"homeless" person sleeping in the porch and the second floor window was broken out. Kenneth Shaw, appellant, stated that his sister, Diane Smith, owned the properiy. Ms. Moermond stated that according to the owners listed on the orders, Wiiliam �liver, James Olive and Oscar Oliver were also listed. She asked about the ownership status. Mr. Shaw responded that his sister's step-mother had willed the property to her children and step-children. He said that his sister had allowed her daugttter to move into the house and the daughter also had friends who moved in and tore the house apart. His sister had contacted him and asked for his help with the house as the electricity had been turned off. When he contacted Xcel, he discovered that his niece had a$3,000 bill with Xcel. He said the back porch had also been filled up with trash as his niece did not have gazbage service. He then moved all of the trash to the gazage. Ms. Moermond asked Mx. Shaw when he had moved into the house. Mr. Shaw responded that he moved in on July 9 and had cleaned everything up inside. Ae said Xcel will not change the bill into his name as they contend his niece is still living there. He didn't laiow what documentation he would need to prove to Xcel that he was living at the property so that the power could be turned back on. Ms. Moermond stated that he hadn't bothered to contact Xcei regarding the utilities prior to moving in. She said as far as Xcel not restoring the power, this was a private matter. She recommended denying the appeal on the Suinmary Abatement Order and denying the appeal on the Condemnation and Order to Vacate with an eatension grauted ta August i to vacate the property.