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09-992Council File # � —gq� Green Sheet # RESOLUTION AI�T P-/�11� MINNESO�'�k - �� Presented � G� WHEREAS, adverse action was taken against the Sidewalk Contractor license held by Aduddell Restotatian & Waterproofing d/b/a Aduddeli Restoration & Waterproofing (License ID#20070004354) for the premises located at 69 Empire Drive in Saint Paul by Notice of Intent to Suspend License dated August 3, 2009, alleging licensee failed to submit a current certificate of General and Auto Liability insurance for the coverage period of January 1, 2009 through January 1, 2010, naming the City of Saint Paul as additional insured; and 8 WHEREAS, the licensee did not respond to the Notice of InCent to Suspend License to submit the 9 required insurance information; and 10 11 12 13 14 15 16 17 18 19 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to submit the required insurance by August 13, 2009, that the matter wouid be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Sidewalk Contractor license held by Aduddell Restoration & Waterproofing d/b/a Aduddell Restoration & Waterproofing is hereby suspended and licensee is ordered to pay a matrix penalty of $500.00 for failure to submit current insurance in order to maintain the license. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. Bosffom Carter Stazk Thune Adopted by Council: Date AdopGon Certified by Counci ecretary By: � Appr e y r: Date L3 By: u Request by Department of: S—�Sa�P� , By: t . �=� � rCll� Form�r� ved by City Atrorney By: �C � � �..��� Form Ap ed by ayor f• Su���n t Council By: � � Green Sheet Green Sheet SI & Inspections Green Sheet Green Sheet Green Sheet Green Sheet � �e-�: , �I'�i�a- ConWCt Person & Phone: I � Rachel Tiemev 266-8710 ' � Assign Must Be on Counc t Agenda by ate}: � Number 16SEP-09 � For Routing Doc. Type: RESOLUTION Order E-Document Required: Y Document Contact: Julie Kraus Conpct Phone: 266-8776 ToWI # oF Signature Pages _(Ctip All Locatio� for Signaiure) Resolution to take adverse action against the Sidewalk Contractor license held by Aduddell Restoration & Waterproofing d/b/a Aduddell Restoration and Waterproofing (I,icense ID#200700043i4) for the premises located at 69 Empue Drive in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts M�st Mswer the Following Questions: 1. Has this persoNfirm ever worked under a contrect for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does tfiis persoNfirm possess a skill not normalfy possessed by any curtent ciry employee? Yes No Exp�ain al! yes answers on separate sheet and attach to green sheM. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit current General and Auto Liabiliry insurance for the coverage period of January 1, 2004 through 7anuary l, 2010. After norification, licensee did not respond to the Norice of Tntent to Suspend License. AdvaMages If Approved: License suspension and imposition of $500.00 mahix penalTy. Disadvantages If Approved: DisadvanWge5lf NoY A,pproved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: September 4, 2009 1136 AM Page 1 SAINS PAUL � AAAA CITY OF SAINT PAUL Chnstopher8. Coleman, Mayor August 3, 2009 OFFICE OF THE CTTY ATTORNEy John J. Qho; CilyABomey--- --- — - ---- � - - - - oy-�9a- Civil Division 400CityHa�) Telephone:657266-87f0 75 West Keflogg Bfvd. Facsim�le: 651 298-5619 Sai�t Pau[, Minnesota 55702 NOTICE OF INTENT TO SUSPEND LICENSE OwnerlManager Aduddell Restoration & Waterproofing 69 Empire Drive St. Paul, MN 55103 RE: Sidewallc Contractor license held by Aduddell Restoration & Waterproofing dJbfa Aduddel] Restorauon & Waterproofing for the premises located at 69 Empire Drive in Saint Pau] License ID #20070004354 Dear Sir/Madam: The Department of Safety and Inspections (DSn has tecommended suspension of the Sidewalk Contractor license held by Aduddell Restoration & Waterproofing d!b!a Aduddel] Restora6on & Waterproofing for the premises located at 69 Empire Drive in Saint Paul. The basis for the recommendation is as follows: On June 17, 2009, you were sent a letter from the Department of Safety and Inspections (DSI), stating that your Sidewalk Contractor license renewal was being placed on hold until you submitted a current certi�cate of General and Auto Liability for the coverage period of January 1, 2Q09 through January 1, 2010, naming the City of 5aint Paul as additional insured. You were given until July 1, 2009, to provide the required insurance information. As of today's date, that has not been received. In addirion to the suspension of your Sidewallc Contractor license, per Saint Paul L.egisla6ve Code §310.05 (m) (2), the licensing o�ce will also recommend a$500.00 matrix penalty for failure to submit the required insurance information in order to maintain your license. At this time, you have three options on how to proceed: You can pay the $500.00 matrix penalty and submit the required insurance information. If this is your choice, you should send the payment and insurance informafion directly to the Depar[ment of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Thursday, August 13, 2QQ9. 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 and submission of the required insurance infotmarion will be considered to be a waiver of the hearing to which you are entitled. Affirmadve AcUOn Equal Opvortunitv Emnlover Aduddell Restoration & Waterproonng August 3, 2009 Page 2 Oq-�f 1 �- 2. 7f you wish to admit the facts but contest the penalty, you may have a public hearing 6efore the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to rueive your ]etter by Thursday, August 13, 2009. The matter will then be scheduled before the Ciry Council for a public hearing to detezmine whether to suspend your license and impose the $500.00 matrix penalty. You will have an opportunity ro appear before the Council and make a sta[ement on your own behalf. 3. If you no longer wish to do business in the City of Saint Paul, you will need to send a written statement to that effect to the Department of Safety and Inspections, at 375 Jackson Sueet, Ste. 22Q St. Paul, Minnesota SS101-18061ater than Thursday, August 13, 2009. Information should be directed to the attention of Christine Rozek. If you have not contaMed me by that date, I wili 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 Councii 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, �C�.��.�..�.., ! ���Q_,U, ��-1! > Rachel Tiemey o Assistant City Attomey cc: Christine Roaek, Deputy Director of DSI Aduddell Restoration & Waterproofing, c/o P.O. Box 89055�, Oklahoma City, OK 73189-0550 Affimiative Action Equal Ovportunitv Emolover STATE OF MINNESOT ' ` J SS. COUNTX QF RAMSEY ) G����-a-- Julie Kraus, being first duly swom, deposes and says that on the 3` � day of August, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Adcddell Restoration & Watezproofing 69 Empire Drive St. Paul, MN 55103 Aduddell Restoration & Waterproofing c/o P.O. Box 890550 Oklahoma City, OK 73189-0550 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. a � Ju Kraus Subscrib d and sworn to before me thiS�_day of August, 2009 �� �. /��� Notary Public AFFIDAVIT OF SExVICE BY U.S. MAIL RITA M. BOSSARD NJTARY PI�LIC- MINNESOU MY COMMISSION EXPIRES JAN. 31, 2 0 1 0 Chapter 3] 0. Uniform Licen 'rocedures Page 1 of 3 b�-�f �f 2- — -- - ---- ---- - (m) Presumptiv_e penaLties for-sertair� viofations. The purpose of this section is to establish a standard by which the city council determines the amount of fines, the length of ficense suspensions and the propriety of revocations, and shall apply to ail license types, except that in the case of a violation involving a liquor license § 4�9.26 shall apply where a specific violation is listed. In the case of an adverse action fifed for a violation of chapter 331A, the licensee shall be given a fine for each individuai violation ofi § 331A. The total fine amount for violations of § 331A may exceed the maximum fine outfined below due to multiple violations in one {1) appearance. All penalty recommendations for chapter 331A violations shalf be based on the food penalty guideiine referred to in chapter 331A. 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 that there exist substantial and compelling reasons making it more appropriate to do so. When deviatirg from these standards, the council shall 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,OOO.QO $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 ficensed activity fine sus ension P (3) Violation of provisions of the legislative code relating $2,000.00 fine to the licensed activity, $50Q.00 fine $1,000.0� and 10-day Revocation other than violations of the fine suspension food code (4) Failure 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 $700.00 $1,500.00 5-day Revocation premises by a licensee or suspension employee (6) Commission of a felony on the premises by a $2,000.00 Revocation nJa n/a 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 license conditions (8) Failure to pay license Revocation fees 9 Critical violations 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 payable wifhout hearing . Chapter 310. Uniform Licen °rocedures �, � Page 2 of 3 `1 ---- ---- - -- A. Nolwithstanding the-prov'+s+ons of section 310:65(c), a licensee who would be = making a first or second appearance before the councii may elect to pay the fine to the Department of Safiety and inspections without a council hearing, unless the notice of violation has indicated that a hearing is required because of circ�mstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine wii( be considered to be a waiver of the hearing to which the ficensee is entitled, and wifl be considered a� "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 Council. The above council hearing requirement applies to violations under Chapter 331A unless the fine recommended by the Department of Safety and Inspections is equai 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 councii hearing is required ii the Department of Safety and inspections recommends a fine that is an upward departure for the amount out{ined above. (ii) Mu�tiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have been alleged andfor incorporated in the notices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The council in that case sha{I consider the presumptive penaity for each such violation under the "1st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penalties in the council's discretion. (iii) Vio/ations 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 counci) 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 deaft with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance before the council. (iv) Subsequenf appearances. Upon a second, third or fourth appearance before the council by a particular licensee, the council 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 not be counted as an "appearance" before the Council in refation to any violation other than another violation of Chapter 331 A. (v) Computation of time. (1) If a licensee appears before the councii for any violation in paragraph (m) where that vio�ation has occurred within twelve (12) calendar 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 councii on two (2) previous occasions Chapter 310. Uniform Licerr 'rocedures ��j��/� Page3of3 _' �� for violations Iisted in paragraph (m) o[ section 409.2fi, afld ff saicYiicensee again _ appears before the council for a violation Iisted 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 licensee has appeared before 2he 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 (mJ, and if the current violation occurred with+n twenty-four (24) calendar months of the violation that gave rise to the first appearance, then the current appearance shafi be treated as a fourth 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 muftiple 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) Nohvithstanding 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 faw 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, §§ 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. �8-1208, § 1, 12-17-08)