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10-21Council File # 10-21 Green Sheet # 3093157 RESOLUTION OF SAINT PAUL, MINNESOTA ��O Presented by BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing record and testimony heard at public hearing on December 16, 2009 hereby memorializes its decision to certify and approve the December 1, 2009 decision of the Legislative Hearing Officer for the following address: 6 ADDRESS APELLANT 8 1070 Reaney Avenue Antonio & Martha Valdovinos 9 10 Decision: Appeal denied; prominent signage must be placed on the back stairway indicating the stairway 11 is unsafe, is not be used, and directing persons to use the front door; all occupants must be vacated by 12 December 31, 2004; grant an extension to June 15, 2010 regarding the parking lot provided all other items 13 on the deficiency list are completed. Requested by Deparhnent of: Adoption Certified by Council Secretary BY� i, .f � d/I Approved y ate � 1 20 J p By: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council � Adopted by Council: Date ��/g�� 10-2 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmentlOfficelCouncil: Date Initiated: co-°°°°��� 23DEC2009 Green Sheet NO: 3093157 ContaM Person 8 Phone: Depar4neM Sent To Person {nitiallDate Marcia Moertnond o ounc7 0 6-8570 1 oauu7 De artmentDirecror Assign 2 ' �� ' Cierk Must Be on Council Ageoda by (Date): Number 3 - Routing 4 0 Doc. Type: RESOLl7TION ��d� 5 0 E-Document Required: Y DocumentConWCt: MaiVang Contact Phone: 68563 Total # of Signature Pages _(Clip All Locations for Signature) Action RequesMd: Reso]urion memorializing City Council action taken December 16, 2009 denying the appeal and extension gramed for pcoperiy at 1070 Reaney Avenue. Recommendalions: Approve (A) or Fieject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has tbis person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/irtn ever been a ciry employee? Yes No 3. Does ihis person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sfieet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why�: Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of CostlRevenue Budgeted: 7rensaction: Funding Source: Activity Number: Financial Information: (Explain) December 23, 2009 139 PM Page 1 4 6 �IiY Os � m CITY OF SAINT PAUL �'@ � �� �n� '' ��� CITY CLERK'S OFFICE November 16, 2009 Antino & Martha Valdovinos 1555 Sims Ave St. Paul. MN 55106 RE: 1070 Reaney Ave Dear Mr. & Mrs. Valdovinos: Your application for an appeal has been received and processed. 10-21 Please attend the public hearing before the Legislative Hearing Officer on Tuesday, December 1, 2009 at 1:30 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 will hear all parties relative to this action. Failure to appear at the hearing may result in deniaf of your appeal. Sincerely, �� Shari Moore City Clerk cc: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attosney 15 4VEST KELLOGG BOiJLEVARD, SUITE 310 SAINT PAiJL, MINNESOTA55302 Tel: 651-266-8688 Fax: 651-266-8574 wwwstpassl.gov M Affirmative Acbon Equal Opportumry Employer �=: .�i i it���t�ti APPL,IC�1'T`ZOl� FOR APPEAL Saint Panl City Qerk 15 W. Keliogg Blvd., 310 City Y3atI SaintPav2, Mztmesota 551fl2 ,�� // 'FeIephone: (651) 266-8688 �f�J : �u/� .. �i�.v r��i11 i. A.ddr�ss of Property being Appealed: 2. Number of: i c��l 0� N��J !�E-� 2 10-21 NUV ! 3 LUU`� ClTY CLERK 3. Dax of Letf€r Ap`�ealed: N Ov . �j �� ZOi�i 4. Nazrne of Owner.�`�D M D �„ M G1 �fi1�lG1 �1i�) �G�UV 61�1D$ .saa�ess: r,� � S r nn s /kv P, c;��y: St � P�. � sr�: M N Zip: �h I b(� Phone Numbers: Business Residence�s4 ��+edis Celluiar��p z4? � . S. Appellaz� /:A.gplieaat {if other tUau owner): ltddtess: City: State: Zip: F'hone Numbeis: Business Residence 'Sign3i11Te: � Cellular : .,, 6 State specifically urhat is being ��peal�d'and whp (L1se aa attachment if nec�ssarp}; e bvt�: it-tir c: a�a-PGto-P� bteeav,i-C (v� dv tJ v:� p��c�re , NOTE: A$25,00 fx�ing F� made jaayable to the CitylSf Saint Paul must acco�tpanp this spplicsticm as a necessary ccmdition fos filiag. You mnsc avaeh a copy of the oti�inal orders and any other coxrespondence m3ative w tbzs appeal. An}+ person unsffiis6ed by the final decision of tLe Ciry Couacil may obtain judicial revimw by fimely filing of an attion as provided by 1aw in DisuicY Couat. �' FOL ��fiCe �(JSe bIIlY I t � : �c� f ��� G! Datc of S�eaang: L��C I � �30 2009-17-1121:06 6512656574 Page 1 Nov. 13, 2009 4:34PP� 1MED MOB!LIIV jY.Stsq ��aui. �A� CITY OF SAlivT pAUL C6rvsropher H C'olemnn Nt�ror �bvem6er 3, 2009 � A1�rTONiO VALDOVINOS � Martha Valdoe�nos 1555 SIM$ AVE ST PAUL MN 55106 No. ll'1� P. 1 10-21 �E?ARTMEN [ OF SAFF�iy ANil 1NSPEC"fiUNS f���r? Inspec�mn Divis�m� EoG Kessler On�eaor I7ilncksorSuez•r,Suil<210 7e!eph�ne G�I-?Lb-BY'c`l Shu;ll�P�r :`i,'�.t�Ultes'(J C'/��-� �P„/( lnf5n,vlc 6i�-166-�JJ/ =— -- ._ _,�,� �� �,,.",.. � �_ <i., � � � �: ��/�� z� --�, --- �—_.. RE; FIRE CE}2TLFICATE O,F OCCUPANCY WIT�-T DB�TCTENCIBS ! 07� FS,.4S�I�Y AvE Ref. # 102653 f2esiden[ial ClasS C Dear ProperYy Representauve: Your bu�lding was 'rnspected on November 3, 2009 for the renewal of your Pire Certificate oF Occupancy. Approval for occupancy will be granted upon compliance witti the follo�ving de�ciency list. The iCems on Che list must be correctad m�mediately. A rei�2spection wili 6a maue on i�ecember 3, 2009 at 9.30 A.M. Failure to comply may result u1a criminal eication or the revocaCion of the Fire Certificate of Occupancy. The Saint Paul Legislat�ve Code requires that no building sha11 be oecupied wiChoe�t a Cerfificate of Oeeupancy. The code also provides for the assessment of additional re-inspecnon fees. YOIJ WTLL BE RESPO1�rSTBLE POR NOTTPYIIVG TENANTS TF ANY OP TFTE �t)LLp�,�?NG L.ST pF ;?LFIC?�NCI�S ARL TI�L�T �ESpG"•iSI£SLITY DEFICIENCY I,TST Attic - SPLC 34.13 (1) - Prov�de and maintain all habitable areas with a ceiling heLght of 7 feet over I/2 the floor area 2 Attic - SPLC 62.101 - Use of tliis property does not Conform to zoning ordinvie2. Discontinue unapproved use or call DST Zoning at (6�1) 266-8989 to convert To 1ega1 nse. Discontinue: Use of athc as a third unit Attic - SPT.0 34.Z3, MSFC 1 10,1 - The qTTIC is condemned as unsafe or dangerous. The AT'T1C rausl nor be used iuitil ra-inspec�ed 2nd apg�aved by Chts oflice. An Equal Opportunity Bmployer f��ov.l;. 200y 4�39PNi 1MEU M05iLlIY � � I�lo. l /15 �. L 10-21 Attic - SPLC 34.1U {3), 3433(2) - Provide an approved handrail. The top of the handrail must be bet��✓een 34 and 38 inches above the treads and run the entire length of Yhe stair Attic - SPLC 34.10 (3) 3� 33(2} - Provide an approved o iardrail. Intermediaie ballustrade must n_ot be more than 4 inches apatt inteiznedia[e rails must be provided i; the height oi the platTorm is mpre than 30 inches ~ Ba� sament - MSFC 605.1 w�th the e]ectrical code - Removz unapproved 2xposed wiring and install in accordance L � This work may require a permit(s). Ca!f DSI at (6S 1) 266-�09U Downstairs - SPLC 34.13 (2), (3), SF'LC 34.17 (2) - Reduce and maintain the number of � occupnnts in the unit fo. 4 Downstairs �as[s�de Exit door - SPLC 34,09 (3) i- Pzovide and ma�ntain an approved �� one-inch throw single cylir�der deadbolt lock. �. Dowciscairs 3�nit - SPLL 34.1U (7), 34,33 (6� - Repair and i�laintaixa the walls m an approved manner -Paint the wall Patch the holes andlor cracks in the walis Repair or �� replaee the damaged or detenorated wall covenngs. $athroom . 10. Downstairs Unit - MSFC 605 1-�emove unapproved exposed wirin� and install iiL����1 accordance with the etectrical code. This work may require a permit(s). Call DSl at �� (651) 266-9�90,-Laundry room 1I, t�o�vnstairs T�nrt Bedroom North west side - MSFC1026.1 • Provide and ma�ntain an approved escape window from each sleepin� room, The minmlum size mast be S sqttar� feet of glazed area with a ininimum of 24 inches of openable height and 20 inchas of openable width. With a finished sill height not more than 48 inches. Refer to provide � handout EW-1 for more information.-Windows measured at Glazed 48inches sill 20inches openable height 22inches and 23�nches openable width 12. Downst&irs U�1it Bedroom west side - MSFC1026.1 - Provide and maintain an approved escape window from each sleeping room. The minimum size mList be 5 squarc feet of glazed area with a minimum of 24 inchesof openable height and 20 inches of openable w�dth. With a finished silt hetght not more than 48 mches. lZefer �o prov�de hando�it bW-I ror more infor-mation -V�'�ndows measured at Glazed 48inches, openable hei;itt 22inehes 23inches openable width sill he�ght 20 inches. � � 13, Downstairs unit - SPLC 3A.o9 (3) i- Prov�de and maintain an approved one-tnch throw � sing cytinder deadbolt IoCk.-Front Entry Door 14. Downstairs unit - SPL,C 34.10 (7), 34 33 C6} - Repair and mafntdin the oabu�ers in an � , approved manner.-Repair or replace Yhe damaged or missing drawer. ��� Repair or replaCe the damaged or missing hardware- Kitchen ` 1 S. Downstairs unit - SPLC 3A.10 (3), 34.33(2) - Provide an approved liandrail. The tap o��� �he handrail must be between 34 and 38 rnches above tha treads and run the entire leng of the stair.-Basement IVo��. lj, 1;Ipy e;jyPNl iNItU MU�tLIIY � 17 P!o. lIL� Y. � 10-21 Dowmstairs unit - MN SLat 299F18 - Immediately remove and dSscontinue excessive accumulation ot combustible matenals.-Remove al1 cans labeled extremel}� flammable. l�wonstairs Unit -?vISFC vtSFC 1003.31.8 - The maximum number of iocks on unit � doors is two. Ttemove ali locl<s in excess of two.-Rear Exit boor 18, PRONT BEDROOM ?ND FLOOI2 - SPLC 3423, MSPC 11 G 1- This occupancy is condanmed as unsaPe or danaerous. 7lvs occupancy mus[ not be used un�il re-inspec[ed � and approved by �his office. NO EGRESS WT�I30W. 19 20. 21 Garage - SPLC 7I.01 - Provide address numbers on building per attached H�i-1 handout� House - SPLC 34.09 (1) e, 3A 32 (1) d- Proc•ide and mazntained the roof weather tight ��� and free from defects. Repair eves and walls tha[ are damaged Next to garage - SPLC 3a 08 {3� - Provide and maintain sui#able grotiind eover on all `'�,� exter•ror areas to contro] erosion. � 22. Rear S[airway - SpLC 34.09 (2), 34.32(2) - Repair or replace Che unsafe staira�ays, porch, � decks or railin�s in an approved man�ier. This work WILL require a permz[(s). Call DSI at (651) 266-9090. , y( 23. Rear Stairway - SPT,C 342�, MSFC 110.1 - The FtEAR STAIRWAY is condemned as unsafe or dangerous. The REAI2 STATRWAY is condemned and must not be used untrl � re-inspected and approved by this office. ° � 24. Raaz of Building - SPLC 34.08 (9) - Provide and ma�ntain an average of 1 foot candie aY �7 � the pavement of garages and parl<ing areas. This woriz may require a permit(s). Call DSI � �, at (651) 266-9090. � X 25. Rear of Building - SPLC 3G.08 (7) - A11 parking spaces shall be paved with asphalt, ��� concrete, or durable dustless surfacing. Before any existing spaces may be paved, siCe plan approval must be obtained as spacified in the St. Paul Zoning Code. Contact DST w s s Zonsng aY 651-266-9090 �� 26. UPST_A1RS UNiT � SPLC 34.09 (2), 34.32(2) - 12epair or replaoe the unsate sta�rways, ' j UPSTAIRS PORCH, deCks or railings in an approved manner. This work ma}� require a , perm�C{s). Call DSI at (651) 266-9090.-RAILT�`G TS LOOSE P.EPATR ARE DO NOT ALLOW TENANTS ACCESS. ?�.1] Upstairs Fron[ Bedroom - SALC 34?3, MSFC 110.1 - This ocaipancy is condcmnecl as P unsafe or dangerous This occupanc�� must not be used unYil re-�nspected and approved by this office. no egress window no smoke detector no co detector 28• CTpstairs Unit - SPLC 200.02 (a) No person shall own, harbor, keep or mamtain in the City and dog or�er three months of age without a license. Provid� written documentaiion of current lieense to the Prre Inspector. To obtain a dog license, contact ]�ST at 651-266- 8989 � Nov.?3. 2UU9 4:39PM 1ME� MOBIL:IY Na IIZh r. 4 10-21 �' 29. SPLC 34.1 t(6) 34.34 (3) - Provide service of heating facility by a licensed conLractor which mus� include a carbon monoxide test. Submit a compleYed cony of the Saint Paul Fire Nlarshal's Bxistinp Fuel Buming Equipment Saf�ty TesY Report to this office �0. SP�C 39.02(c) - Complete and sign the procided smoke detactor aifidavit and reYUrn it to this office. 37 UMC 504_6 - Prov�de, repair or replace the dryer exhaust duct Exhaust ducts for domespc cloChes dryers sha11 be constn�cted of inetal and shall have a smooth m�e��or finish The exhaust duct shall he a mmimum nominal si2e of four inches (] 02 mm) in d�ameter The entire exhaust systern shall be supported and secured in place. �`ou have the nght to appeal ihese orders to the Legislative I�earing Off Cer. Applications for appeals may be obtainacl at the Office of the City� Clerk, 310 Citp Hall, Cit}dCounty Courthouse, 15 W Kellogg Blvd, Samt Paul MN 55102 Phone: (651-266-8688) and must be filed ta�ithin 10 days of Yhe date of the ori gmal orders. If you have any questions, ca1C me at 651=266-89fi3 between 7:30 a.m. - 9:00 a.rn. Please help to make Saint Pauf a safer place in which to live and work. Sincerely, James Thomas Fire Inspector Ernail Address james.thomas@ci stpauLmn.us Reference �,Tumber 102653 io-ai December 1, 2009 Property Code Minutes Page 11 9. Appeal of Antonio and Martha Valdovinos to a Certificate of Occupancy Deficiency List for property at 1070 Reaney Avenue. The Appellant, Antonio Valdovinos, (1555 Sims Ave, St Paul, MN 55106) appeared along with Mr. Valdovinos'son and brother-in-law who provided interpretive assistance. Ms. Shaff gave a staff report. She stated that Inspector James Thomas had inspected for the Fire C of O on November 3, 2009 and found numerous items. She noted that the appeal states that all of the code items have been addressed. Mr. Valdovinos' son, reviewed that the smaller items inside the building have been completed; however, some of the more significant items, including the parking lot surface and the stairway have not. His father is behind on three house payments and is talking with his lender about either foreclosure or a short sale. He said he does not know what to do as he does not have the money to fix the parking lot and stairways. Mr. Valdovinds son said that currently a contractor is taking care of the fumace repair. Mr. Valdovinds brother-in-law said that Mr. Valdovinos is concemed that Inspector Thomas indicated that no tenants are to live in these two units until the conditions of the C of O are met. His concerns is that he is losing the house and has no money to complete the repairs until he sells it. He asked for guidance from the City relative to dealing with these larger expenses for the repairs for the stairs and for the parking lot. Ms. Moermond reviewed that the condemnable items were egress windows, CO detector, the attic being used as a third unit, as well as the rear stairway. Mr. Valdovinds brother-in-law said that it is a legal duplex. Mr. Valdovinos had fixed up the attic for his kids, but no one had been living in the attic far quite some time. There was discussion as to which units were serviced by the rear stairway, with the interpreters indicating that just the second floor unit is serviced by the rear stairway. The second floor unit had two ways to access that unit the front stairway and the back stairway. Ms. Shaff established that if stairs are there, it is reasonable for persons to believe that they are safe for not only the occupants of the building, but for emergency responders as well. Ms. Moermond recommended that Mr. Valdovinos contact a city mortgage foreclosure prevention counselor, Laura Carol or Michelle Vojacek, who may be able to provide assistance to him in warking with his bank. Mr. Valdovinos said his father and brother were tenants but have moved to Mexico. This is why he wished to sell it as he cannot afford to maintain two houses, and he's found good renters are difficult to find. One woman continues to live in the building and is currently looking for a new residence. He asked how long she can stay there, in the first floor unit. He also requested an extension for repair of the stairs, but said that he cannot afford to rebuild the stairs. 10-21 December 1, 2009 Property Code Minutes Page 12 Ms. Moermond reviewed the orders which indicate the building is condemned and requires that the stairs be repaired or replaced, and that if the stairs are there that they must be usable. In terms of getting out of the aparhnent and being legal, if no back door existed and if no stairs existed, thaYs not necessarily a problem. However the stairs do exist, and somebody might attempt to use them that they present a danger. Mr. Valdovino's son conveyed that the realtor advised his father that if he intends to sell the house, that he does not need to complete the repairs nor put any more money into it and asked what the City required. Ms. Moermond responded that no occupants aze to be in the building. She recommended that prominent signage be placed on the back stairway that the stairs are unsafe and not to be used so that a person at all times, including in dark conditions, could see that the stairs are unsafe and be directed to use the front stairs. The occupants need to be made aware of the back stairs not being safe and that signage be placed in each unit to that effect. Ms. Moermond recommended denying appeal; that prominent signage be placed on the back stairway indicating that Che stairway is unsafe, is not to be used, and directing persons to use the front door. Ms. Moermond further recommended that all occupants be vacated by December 31, 2009. She recommended granting an extension through 7une 15, 2010 to complete flie parking lot items, provided all the other items on the deficiency list have been completed.