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09-886Council File #� Green Sheet# 3074756 RESOLUTION SAINT PAUL, MINNESOTA 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/b/o Michele Renville 11 Decision: Appeal denied and extension granted to August 1, 2009 for tenant to vacate the property; 12 extension granted to August 31, 2009 for owner to comply with the arders on the Deficiency List. 13 Requested by Department of: Adoption Certified by Counc' Secretary By: i Approve ay •� Date � By: � Form Approved by City Attomey B Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �' � � � � � DepartmenUOfficelCounciL i Date initiated: � , co-c°°°G� � O6-AUG-09 ; Green Sheet NO: 3074756 I � ConWct Person 8 Phone: ' � Department SentTo Person InRial/Date Marcia Moermond ' �- o cm,oal �' 6-857� � 1 Councii DeparLmen[ D'uector Assign � Z (SryClerk CiNClerk ' � Must Be on Council Agenda by (Date): ' Number ', 3 , , For , � Routing � 4 �� , '� Doa Type; RESOLUTION �'�, Order '�,, 5 i �.. E-DocumentRequired: Y Document ConGCt: Mai Vang Contad Pfione: 6-8563 Total # of Signature Pages _(Clip Ail Locations for Signature) Action Requested: Resolution memorializing City Council action taken August 5, 2009 denying the appeal and extension granted for property at 614 Thomas Avenue. ' Recommendations: Approve (A) or Re�ect (R): Planning Commission CIB Committee Civil Service Commission Personal 5ervice Contrects 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 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. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: DisadvanWges If NotApproved: 7ota1 Amount of Transaction: Funding Source: Financial I nformation: (Expiain) Cost/Revenue Budgeted: Activity Number: August 6, 2009 1:34 PM Page 1 F , ' ; �` �ul,Om a � July 17, 20Q9 Michele Renville 614 Thomas Avenue St. Paul, MN 55103 RE: 614 Thomas Avenue Dear Ms. Renville: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your appfication for an appeal has been received and processed. :• � Please atten� the ublic hearing before the Legislative Hearing Officer on Tuesday, July 21, 2009 at Uk3�a.m. in Room 330 City Hall and Courthouse to consider your appeal conceming the above referenced property. At that time the Legislative Hearing Officerwill hearall parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, ��,,�z 6G��.,� Shari Moore City Clerk cc: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney Dennis Drueser, property owner IS SNEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUL, MINNESOTA55102 Tel: 6's1-266-8688 Fa,r. 651-266-8574 wwutstpaul.gov An Affirmative Action Equal Opporzumry Employer ay-g�� APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd., 290 City Hall Saint Paul, Minnesota 5�102 Telephone: (651) 266-8688 �< , ►.� _ . � � ,".� 1. Address of Property being Appealed: 2. Number of Dwelling Units: 3. Date of Letter Appealed: �I� �11b .A5 Jull.�, lL`,7� 4. NameofOwner: ! l�Y�c�.se�� Address: � �t�' St v� City: �o'P State: �"t �" Phone Numbers: Business Residence Cellulaz 55 ic � 5. Appellant / Applicant (if other than owner): M� c.i�e l e, i�cr�v�\le. Address: (� ��-1 "C��as .A�2 City: � Seate: N� � Zip: � �� � � SMO-i-S PhoneNumbers:Business lfSl Residence Cellulaz lozlnat� o^+ ��1- 6 State specifically what is being appealed and why (Use an attachment if necessazy): Od�uv�lSZS iD�L� (Q�aRPS+S av� rxrrAns„un i,w�� 1-rb�e vi,.� o+ ,I,nU i�s �n �0 � NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accompany this application as a necessary condition for filing. You must attach a copy of the original orders and any other correspondence relative to this appeal. Any person unsausfied by the final decision of the City Council may obtain judicial review by timely £ling of an action as provided by law in District Court. DEPARTMENT OF SAFETY AND INSPECTIONS F�re Inspechon Dro�s�on Robert KessZer, Director 6 ��g8(� snixT PAUL � AAAA CITY OF SAINI' PAUL Christopher B Coleman, Mayor 37� Jackcon Street, Smte 220 Telephone: 651 d66-8989 SaintPaul,MN�.i101-I806 Faz. 6i1-Z6G895! July 10, 2009 DENrIIS M KREUSER 70 4TH ST W ST PAUL MN 55102-1604 614 THOMAS AVE Ref. # 113999 Dear Property Represenfative: Your building was inspected on July 10, 2009. NIELVIN MORRIS 614 THOMAS AVE ST PALTL MN 55103 The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazazd to the public welfare or otherwise dangerous to human life. A Condemnation Placard has been posted on the building. The following deficiency list must be completed immediately ar the building vacated. A reinspection will be m,ade on or after July 20, 2009. CONDEMNATION OF., THE BUILDING REVOKES THE FII2E CERTIFICATE OF OCCUPANCY. Failure to complete the corrections may result in a criminal citation. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. DEFICIENCY LIST � 1. CONDEMNATION - UNFIT FOR OCCUPANCY - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office. � ' � UNTT CONDEMNED AS UNFIT FOR OCCUPANCY DUE TO OVERCROWDING, SANITATIQN ISSUES AND. MANY OTHER ISSUES IN BUILDING VACATE BUILDING BY JULY 20, 2009. �� 2. EXTERIOR - FRONT DOOR - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good condition. " Front enh door damaged and in disrepair. Replace doar. 3. EXTERIOR - GAl2AGE - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements. Repair deteriorated azeas: of garage and scrape and repaint garage. D � EXTERIOR - GARBAGE CO?�,'TAII�TERS - SPLC 3411 (7), 3434 (4) - Provide additional approved containers or additional pick-ups to meet tenant trash demands. Insufficient dumpsters--on �ound garbage and trash. Clean up all garbage and trash and provide larger dumpster or more frequent pickup. 5. EXTERIOR - PRIVATE SIDEWALK - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, wa}�cways and�stairs. ; 6. EXTERIOR - SCREENS - SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window and storm door screens. 7. EXTERIOR - WALLS/VJOODWORK - SPLC 34.09 (1) b,c, 34.32 (1) b,c - Provide and maintain all exterior walls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.- Replace all deteriorated sills, frames and sashes on doars/windows. Scrape and repaint all painted surfaces where paint deteriorated--includes exterior sides of interior windows. 8. EXTERIOR - WtNDOWS - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window in good condition.-Replace brok,en windows. 9. EXTERIOR - WQOD FEN.CE - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain all exteriar surfaces on fences, shed� garages and other accessory structures free from holes and deterioration. Provide and maintain exteri'or unprotected surfaces painted or protected from the elements. Repair fencing.and scrap and repaint. 10. EXTERIOR/INTEffiOR - AIR CONDOITIONER - SPLC 3412 (2), 3435 (1) - Repair and maintain a11 required and supplied equipment in an operative and safe condition.-Re�air building air conditioner. < 1 l. II3TERIOR - CQ�,DBTBCTOR - NfI� State Statute 299FS0 Immediately provide and maintain an approved Carbon Monozide Alarm in a location within ten (10) feet of each sleeping area. Installation shall be in accardance with manufacturers instructions. 12. INTERIOR - EXIT OBSTRUCTIONSIUNOPENABLE WINDOWS - MSFC 1011.2 - Remove the materials that cause an exit obstruction. Maintain a clear and unobstructed exitway.- Windows throughout mostly painted or screwed shut. (Bedroom window screwed shut and occupant was told to remove screws immediately.) Make all windows opena'ble. � -� �, 13. INTERTOR - HEATING REPORT - SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor whicti must include a carbon monoxide test. Submit a completed cop3r of the SaintPaul Fire Marshal's Existing Fuel �urning Equipment Safety Test Report to this office. ` 14. INTERIOR - INTERIOR STEPS - SPLC 34.10 (3), 34.33(2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the ireads and run the entire length of the stair.-NO HANDRAIL ON EXTREMELY STEEP ATTIC AND BASEMENT STEPS. Provide handrails full length of steps. i � . . 15. IlVTERIOR - OVERCROWDED - SPLC 34.13 (2), (3), SPLC 34.17 (2) - Reduce and maintain the number af occupants in the unit to: : Unit overcrowded--one bedroom unit, with 2 adults, 3 children and infant plus Z other'adults. Using illegal attic and ba�ement areas as bedrooms. Building to be vacated tiy 7/20/09: 16. INTERIOR - SAIVITATION - SPLC 34.10 (5), 34.33 (4), 34.16 - Provide and maintain interior in a clean and sanitary condi#ion. Interior generally dirty throughout. Clean unit and keep clean. 17. INTERIOR - SASH CORDS - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window sash cords. 18. INTERIOR - SD;A - SPLC 39.02(c) - Complete and sib the provided smoke detector affidavit and retum it to this office. , ,,;', 19. INTERTbR - SIv!"OKE DETECTOR - MN Stat. 299F362 - Ixnmediately provide and maintain a smoke detector located outside,each sleeping area. Smoke detector in unit �anging loose--secure. Y. 1 20. INTERIOR - W�INDOW AIR CONDITIONERS - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanen� wiring. Window air conditioners'.on extension cords/power strips. All air conditioners to p`�ng directly into wall socket. ,, � � 21. INTERIOR ATTIC - GUARDRAIL - SPLC 34.10 (3), 34.33(2) - Repair or replace the damaged guazdrail in an approved,manner. Repair attic guard rait. _ 22. INTERIOR ATTIC - STORAGE - MN Stat 299F18 - Immediately remove and discontinue excessive accumulation of�combustible materials.- Attic area full;of.,storaget� ,. Any storage to be in a or.derly condition. 'r. , Remove excessive storage. 23. INTERIOR BASEMENT - BASEMENT SHOWER - SPLC 34.12 (2), 34.35 (1) - Repair and maintain all required and supplied',equipment in an operative and safe condition. Clothes washer leaking, water all ove,r floor. Soaked clothing etc. on £loor/in bag`s. Repair washing machine�or replace. 24. INTERIOR BASEMENT - SANiTATION - SPLC 34.10 (5), 3433 (4), 3416 - Provide and maintain interior in a clean and sanitary condition. Basement shower stall moldy. Remove all mold. Repair shower surround. � Clean up flooring throughout basement. Clean basement floor and sanitize from flooding from washing machine. " _ _ "_ ` ' " ' "" _ _ _ , ., . AA-ADA-EEO EmploYer �y��� 25. INTERIOR BASEMENT - STEPS - SPLC 3410 (3), 34.33(2) - Repair or replace the unsafe stairway in an approved manner. Basement steps broken.;= Replace. -` ; � 26. INTERIOR BASEMENT - STOTtAGE BY FURNACE/WATER HEATER - UMC 1346.703 - Provide 30 inches clearance arotind all mechanical equipment. Mamesses etc. piled against furnace/water heater. Remove all and keep area free of storage. r 27. INTERIOR BATHROOIvI - FLOOR COVERINGS - SPLC 34.10 (4), 34.33 (3) - Provide a bathroom floor impervious to water. Provide bathroom floor coverings impervious to water 1 st floor and basement shower area. 28. INTERIOR BATHROOM - TUS CAULKING - SPLC 34.11, SBC 2902.1, SPLC 3417, MPC 415.0220 — Repair or replace and maintain the plumbing fixture to an operational condition. Remove and replace def,ective bathtub caulking. 29. INTERIOR BEDROOM - HEATING VENT COVERS - SPLC 34.11 (6), 34.34 (3) - Replace missing heating vent covers. ; ` r , r , J� 30. INTERIOR BED -11VTEFZIOR DOORS - SPLC 34.10 (7), 34.33 (6) - Repair or replace and maintain the woodwork in an approyed manner. Replace broken/missing'bedroom closet door. Secure/replace defective.door,trim daor to kitchen from dining room. , You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 310 - City Hall (651-266-8688), 15 Kellogg Boulvard West, and must be filed within 10 days of the date of the original orders. If you have any questions, you may contact me at 651-266-8943. Sincerely, ° " �� Barb Cummings. �� Fire Inspector Email: barb.cmnxnings@cistpaul.mn.us cc: Force Unit fi�- cc: District Council July 21, 2009 Legislarive Hearing Minutes � t��� Page 12 4. Appeal of Cassandra Netzke, SMRLS, on behalf of Michele Renville, to a Certificate of Occupancy Deficiency List, which includes Condemnarion, for property at 614 Thomas Avenue. Pat Fish appeared on behalf of DSI — Fire. Cassandra Netzke, SMRLS, appeared with her client, Michele Renville, the appellant. Dennis Kreuser, property owner, appeazed with his son, Michael Kreuser. Ms. Fish presented the orders issued by Inspector Cnmmings. She said Inspector Cummings was concerned about the number of people living in the property as it was only a one-bedroom house and when she was there to inspect it, she found four adults, three children, an infant, and it appeared there were people sleeping in the attic and the basement which was not a legal use. She said Inspector Cununings also raised concems regazding sanitation and the amount of refuse and debris in the house. It also appeared that all of the windows had been screwed or painted shut and were not openable and that a smoke detector, all though operational, was hanging by wires. Ms. Netzke stated Ms. Renville had reduced the number of occupants living in the house and she believed at the time of the inspection, she had relatives who were assisting her to pack her things to move. Currently, there were two adults, one child and an eight month old baby residing at the property. Ms. Renville's had two other children who were now staying with other relatives. She said there was a separate action in Housing Court concerning the eviction of the tenants and that $1,400 was cunently being held in escrow. Ms. Renville was looking for the return of money to assist her with her move. The current lease was for one year which expires at the end of August and Ms. Renville would like to break the lease and move out at the end of July. Mr. Kreuser stated that he had wanted the tenants out in June and would now like them out in 24 hours. He claimed that they never paid rent, when he tried to make repairs to the property, they became combarive and wouldn't allow him into his house. He said he had lived at the house until he went into treatment several months previous and decided to rent the house to this tenant. He claimed he now had no where to live and wanted to move back to his residence so he wanted the condemnation to remain in place. He also said that he never received any of the orders from Fire regarding the condemnation and only found out about this hearing from a phone call from someone at the City. Ms. Fish stated that per Ramsey County Taxation, they had listed Mr. Kreuser at 70 Fourth 5treet West in St. Paul. Mr. Kreuser responded that he had never heard of that address and didn't know where it would have come from. He said he had lived at 614 Thomas and was now homeless; he refixsed to provide an address of where he was staying. Michael Kreuser, when asked, also failed to provide his mailing address. NIs. Netzke stated that it was her desire to keep the eviction process and the condemnation process separate. Ms. Fish stated that the only concern was regarding the life/safety issues. Ms. Renville responded that the windows were now openable as they had used a razar biade on the windows that had been painted shut and removed any screws. She said the smoke detector did work but there was a wire that was loose and hanging on one end. Ms. Moermond asked Ms. Renville if she had a place to move to on August 1. Ms. Renville responded that she did. Ms. Moermond asked Ms. Fish if there was any concern on the tenant July 21, 2009 Legislative Hearing Minutes ��'��� Page 13 remaining at the property until the end of July. Ivls. Fish responded that as long as an inspection could be made of the property to verify that the life/safety issues had been rectified, she did not see a problem with granting time untit the end of the month. She also stated that since Mz. Kreuser had not received the orders on the deficiency list, she would grant time to come into compliance to the end of August. Ms. Moermond recommended denying the appeal and granting an extension to vacate the property to August 1; grant an extension to August 31 for the owner to comply with the orders on the C of O Deficiency List.