10-338Council File # b' �j d
Green Sheet #� 3103296
Presented by
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
�
I 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 Mazch 17, 2010 hereby memorializes its decision
3 to certify and approve the March 9, 2010 decision of the Legislative Hearing Officer for the following
4 address:
5
6 ADDRESS APELLANT
7
8 980 Marion Street Linda Mammenga
9
10 Decision: Grant the appeal and lift the condemnation on the attic on the condition the attic not be used for
11 habitable space; the property must be re-inspected and a C of O re-issued by April 8, 2010; if the C of O is
12 not re-instated, the property is referred to the Vacant Building Program.
Carter
Bostrom
Stark
Thune
Yeas � Nays � Absent II Reqaested by Department of:
✓
✓
J
Adopted by Council: Date ��/f7fa/�//�
Adoption Certified b Counci] cretary
By:
Approved a or: ate Zp �
By:
�
Form Approved by City Aftorney
By:
Fornt Approved by Mayor for Submission to Counci]
�
� Green Sheet Green Sheet Green Sheet Green Sheet Grsen Sheet Green Sheet �
l6-��g
, DepartmenUOffice/Council: Date Initiated:
co_c°°°�'' 1gMAR2010 G Sheet N 31
, ConWct Person & Phone: Deoastment SentTo Person InitiallDaYe
Marcia Moermond - y 0 cou��u _
i Council Department Director .
—� Assign , Z CiN Clerk Cih Cterk '
i Must Be on Council Agenda by (Date): Number � — �
' Doa Type: RESOLUTION
EAocument Required: Y
Document Contact:
Contact Phone:
For 3
RouGng 4
Order ' S ._ _ _ _ _ — — — _ _.�_ _ _ _ _ _ _ _'
Total # M Signature PageS _(Ciip All Locations for Signature)
Memorializing City Council action taken March 17, 2010 granting the appeal on the condemnation of the attic, with conditions, for
proper[y at 980 Mazion Sh'eett
Recommendations: Approve (A) or Reject (R):
Planning Gommission
CI6 Committee
Ciml Service Gommission
Pewonal Service Contrects Must Answer the FoUowing Questions:
1. Has this persoMfirm ever worked under a wMrad for this department?
Yes No
2. Has this personlfirm ever been a city empbyee?
Yes No
3 Does this person�rm possess a skill not normally posses�ed 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):
Advantages If Approved:
DisadvaMages If Approve0:
Disativantages If Not Approved:
ToWI Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
March 19, 20'10 10:54 AM Page 1
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March 1, 201�
Linda Mammenga
35 Front Ave
St. Paul, MN 55117
RE: 980 Marion St
Dear Ms. Mammenga:
eiTY oF SAYrrT PauL
CITY CLERK'5 OFFICE
Your application for an appeal has been received and processed.
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Please attend the pubiic hearing before the Legislative Hearing Officer on Tuesday, March 9,
2010 at 11:00 a.m. in Room 330 City Hail and Courthouse to consider your appeal concerning
the above referenced property. At that time the Legislative Hearing Officer wi4! hear all parties
relative to this action. Failure to appear at the hearing may result in denial of your appeal.
Sincerely,
,
�����
Shari Moore
City Clerk
cc:
�
Mike Urmann, DS1 (Fire)
Leanna Shaff, DSI (Fire)
Phil Owens, DSI (Fire)
Marcia Moermond, Legislative Hearing Officer
Jerry Hendrickson, Deputy City Attorney
5 4VEST KELLOGG BOULEVARD, SUITE 31� SAINT PAUL, MINIVESOTA55102 Tel: 651-266-8688 Fac: 651-266-8574 wwwstpaul.gov
An Affinnatrve Acnon Equal Opportumry Hmployex
APPLICATION �OR APPEAI,
Sainc Paul Ciry Cierk
1� W. KeLLogg Blvd., 31Q City Hall
Saint Paul, P.Zinnesota 55102
Te(ephone: l6� 1) 26fi-8688
of Property being Appealed ' 2. Number of Dwel4ing Units: � 3. Date
�0-338
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Appealed:
i0
4. NameofOwnex: �1n�A 1'/�c�?�mEr�i�
Address: ��� �/'�%'1�f .Q-7,�,o City: � S � .�L� u J State: _��L✓ Zip: SS%l �
Phone
�ll;q- Residence �� Celiulaz �5�-�/G"
S. Appellant I Applicant (if other than owner):
Address: Ciry: State:
Phone Numbers: Business
Residence
Cellulaz
NOTE: A$25.D0 filing fee made payable to the Ciry of Saint Pau1 must accompany this applicauon as a
necessary condition for filing. You must attach a capy of the original orders and any other correspondence relative
to this appeal. Any person unsatisfied by the final decisian of the Ciry Council may obtain judicial review by
timely filing of an action as Qrovided by law in Distiict Court.
���� ��f ��
xev�sta
Receipt Nuruber;
Date of Hearing:
���I�'��I � ��� G�
6 State specifically what is being appeated and why (Use an attachment if necessazy):
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DEPARTMENT OF SAFETY AND INSPECT[ONS
Fire Inspection Divis�on
BaG Kusler, Diru[or
�,'�'Y �F .5�111�T� PL��. 375 Jackran Street, Suite 210 Telephone. 651-266-8989
Christopher B. CDieman, M¢yor Snint Pnu{ .�Llmnesota 55101-1806 Facsimile: 65L266-895/
Web� wwwstonu[. av/ds
February 17, 2010
LINDA 7 MAMMENGA
35 FRONT AVE
ST PAITL MN SS ll7-4934
Revocation of Fire Certi$icate of Occupancy
RE: 980 MARION 3T
Ref. # 113864
Dear Property Representative:
Your building was determined to be a rea stered ��acant building on February 17, 201Q. Since
certificates aze for the occupancy of buildings, it has become necessary to revoke the Certificate
of Occupancy.
Saint Paul Legislative Code provides that no building shall be occupied without a Certificate of
Occupancy. In order to re-occupy the building, the following deficiencies (if appiicable) must be
corrected and a complete Certificate of Occupancy inspection will be required,
DEFICIENCY LIST
l. ATTIC - CONDEMNBD - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as
unfit for huxnan habitarion. This occupancy must not be used until re-inspected and approved by
this office.
ATTIC CONDEMNEBIUNFIT ANB iJl�iSAFE.
LACKS APPROVED EXIT STAIIZWAY, CEILING HETGHT ETC.
2. CERTTFICATE OF OCCUPANCY - REVOKED - SPLC 33.05 - Uncert portions of
the building must not be occupied until inspected and approved by this office.-BIJILDING FTRE
CERTIFICATE OF OCCI3PANCY REVOKED.
BUII,DING SHAI,L BE VACATBD BY 2l14/10 AND SFiAI,L NOT BE REOCCUPLED
UNTIL ALL REPAIRS MADE, PERMITS FINALED AND HAS BEEN REINSE�TED AND
APPROVED FOR OCCUPANCY BY FII2E PREVENTION.
3. EXTERIOR - SNOW/ICE - Remove the accumulation of snow or ice from the public and
private sidewalk abutting this property.-
Shovel all private and public sidewallcs within 24 hours of end of snowstorm and keep walks
clear of ice and snow.
An Equal Opportunity Employer
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4. INTERIOR ATTIC - 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 treads and run the entire
length of the stair.-
Provide handrail fu111ength of steps to attic.
5. INTERIOR ELECTRIC_AL - KITCHEN - MSFC 605.1 - Repair or replace damaged
electrical fixtures. This work may require apermit(s). Call DSI at (651) 266-9090.-
KITCHEN OUTLET NEAR REAR DOOR LOOSE FROM WALL.
SEC[JRE OUTLET.
OUTLET NEAR REAR DOOR STILL STICKING OUT f1ND LOOSE.---PROPERLY
; REPAIIUSECURE.
6. INTERIOR KITCHEN - DRYER VENTING - ITNSC 504.6 - Provide, repair or replace
the dryer exhaust duct. Exhaust ducts for domestic clothes dryers shall be constructed of inetal
and shall have a smooth interior finish. The exhaust duct shall be a minimum nominal size of
four inches (102 mm) in diameter. The entixe exhaust system shail be supported and secured in
place.
Remove plastic dryer venting and properiy vent.
Requires permit and licensed contractor.
PERMIT STILL ACTIVE —HAS NTO NBEEN FINALBD.
8. INTERIOR KITCHEN - WASHING MACHINEJCLOTHES DRYER - MFGC Chapter
4- Provide or replace fuel equipment piping in compliance with the mechanical code. I'his work
may require a permit(s). Call DSI at (651) 266-9090.
Washing machine and clothes dryer moved from rear room into kitchen--permits for new
installation issued--provide inspection and approval from plumbing inspector and permit finaled.
Provide approved plumbing and gas piping permits.
Requires licensed contractors.
PERMIT STILL ACTIVE—HAS NOT BEEN FINALED.
9. INTERIOR REAR ENTRY - REAR ENTRY DOOR - SPLC 34.09 (3), 34.32 (3} -
Repair and maintain the door frame.-
Repair rear door frameltrim.
FAILURE TO COMPLY WILL RESULT IN ENFORCEMENT ACTTON.
REPAIItS MADB UNACCEPTABLE.
MAKE REPAII2S TO DOOR FRf1MINGl'TRIM .SND AD30INING WALL IN�A
PROFESSIONAL MANNER.
10. INTERIOR THROUGHOUT - SANITATION--UR�E SMELL - SPLC 34�10 (5), 3433
(4), 34.16 - Provide and maintain interior in a clean and sanitary condition.- �
ROOMS TI3ROUGHOUT HAVE STRONG AMONiA ODOR FROM CAT URINE--BOTH
ATIC AND MAIN FLOOR.
CLEAN AND DEODORIZE ALL CARPETING OR IF UINABLE TO REMOVE SMELL --
REMOVE CARPBTRVG AND CLEAN AND SEAL FLOORING BEFORE REINSTALLIlVG
A FLOOR COVERING.
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11. VACANT - REMAIN VACANT - SPLC 33.05 - Uncertified portions of the building
must not be occupied until inspected and approved by this office.-
HOUSE IS NOW VACANT AND SI�ALL NOT BE REOCCUPIED UNTII, ALL
DEFICIENCIES CORRECTED AND HAS BEEN REINSPECTED AND APPROVAL GIVEN
FOR OCCUPANCY FROM FIRE PREVEivTION.
For an explanation or information on some of the violations contained in this report, please visit
our web page at: http:JJwww.ci.stpaui.mn.us/index.aspx?NID=2ll
Yau have the right to appeal these orders to the Legislative Hearing Officer. Applications for
appeals may be obtained at the Office of the City C1erk, 310 City Ha11, City(County Courthouse,
15 W Kellogg B1vd, Saint Paul MN 55102 Phone: (651-266-8688) and mast be filed within 10
days of the date of this order.
If you have any questions, email me at: barb.cummings@cistpaul.mn.us or call me at
65 L266-8943 between 730 - 9:00 a.m. Please help to make Saint Paul a safer place in whach to
live and work.
5incerely,
Barb Cummings
Fire Inspector
Ref. # 113864
APPLICATIOI`�I FOR APPEAL
Sain[ Pau1 City Clerk
I� W, I{ello�g Blvd., 310 Cicy Hall
Saint Paul, Minnesota 55102
Telephone: (651) 266-8688
1. Address of Property being Appealed:
��'�l� /�/,F f't ii �'i S �f
4. Name of
2. Numbar of Dweliing linits: � 3.
/ CC i2?�l'! F�
Appeaied:
Address: <.�-� �T�'Z��.t� �4 City: ����� State: _��� �� Zip: �S //7
�S/
Phone Numbers: Business / Residence / Cellulaz �/� 'y��%S
5. Appellant ! Applicant (if other than owner):
Phone Numbers: Business
City: State:
Residence
Cellular
6 State specificalty what is being appealed and why (Use an attachment if neeessary):
1�
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�lU' l � ��a�� Yi'I�n � otcS� — �1f1Y" L'Lfl�f/`���e�'
NOTE: A$25.00 filing made payable to the City of Saint Paul must accompany this agplication as a
necessary condition for filing. You rnnst atiach a copy of the orig'ucal orders and any other conespondence relalive
to tfiis appeal. Any person unsatisfied by the final decision of the Citp Council may obeain judicial review by
dmely filing of an action as provided by law in District Court.
10-338
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Date Received; � Fee Recaived: f Recaipt Number_ � Date of Heacing:
10-338
DEPARTMEENT 0�` S�ETZ' � �SPECTIONS
$teve Magner, Monager oj Code Enforcemeaf
CI'I`Y OF SAINT PAUL
Chris�opher B. Colemon, Mtryar
February 23, 2010
Linda 7 Mammenga
35 Front Ave
5t Paul MN 55117-4934
Naicance Building Cade Enforcement
37J Jackson Saeei, Smie 220 651-266-8989
SaintPassl, MN5�107-)80 6�7-2b6-1919
t ul avldar
VACANT BUILDING REGI5TRATION NOTICE
The premises at 980 liZARION ST
has been inspected and found to meet the ]egal definition of a Vacant Building as described in
Saint Paul Legislative Code, Chapter 43. You are required to register this building with the
Depariment of Safety and Inspections, Vacant Buildings Division, by filling out and returning
the registration form provided with this latter. You aze also required to pay the annual
Vacant Building Registration Fee of $1.100.00. The fee is due upon receipt of this letter
and must be paid no later than thirty (30) days from the date of this lettez, as required in
Saint Paul Legislative Code Chapter 43. If this building is vacant due to a fire, complete the
enclosed registration form and Teturn it to this office within 30 days.
Please return the enclosed registration form along with your payment by March 23, 2�10.
Do not maxl cash.
If you wish to pay in person, you may do so from 8:00 a.m. to 4:00 p.m. Monday thxough Friday at:
DEPARTMENT aF SAFETY AND INSPECTIONS
375 Jackson 5treet, Suite 220
Saint Paul, MN 55101-1806
You may file an appeal to this fee or registration requirements by contacting the Office of the
City Clerk at (651) 266-8688. Any appeal of this fee must be made within ten (10) days of the
date of this notice.
If the re�istraHon fee is not received in this office within 45 da,ys of the due date the full
amount owed will be assessed to, and collected with, the taxes for this property as
permitted by Saint Paut Legislative Code Chapter 43.
The Code Enforcement Officer has notified the Building Inspection And Design Section that
this property meets the legal definition of a registered vacant building and in accozdance with
Legislative Code Chapter 33, no permits (except demolition, wrecking and removal permits) will
be issued until the requirements of al1 applicable ordinances are fulfilled.
An Affirmative Action Equal Opportuniry Employer
10-338
CITY OF SAINI' PAUI-
Ckrismpher B. Coieman, Mayor
...�r
Februaiy 23, 2010
Linda J Mammenga
35 Front Ave
St Paul MN 55 1 1 7-4934
DEPARTMENT OF SAFETY AND INSPECTIONS
Sfeve Magner, Manager ofCode Emjorcement
375 Jackson Street., Suite 220 Telephone. 651-266-8989
Sarntpoul, NIN.i5101-7806 Facs�mde' 651-166-T919
Web: ��1 eavldrr
Dear Sir or Madam:
ggp MARION ST is a Registered Vacant Building that requires a Code Compliance Inspection
per the Vacant Building Statute (Chapter 43). This i�spection can be obtained by calling
Building and Inspections and Design at (651) 266-901 b. This dwelling can not be occupied
without a Certificate of Code Compliance. Ca11(651) 266-9016 far a permit sign-off.
TFIE VACANT Bi3ILDING REGISTRATION FORM AND REGISTRATION
FEE MiIST BE RECEIVED BY THE VACANT BUII.DING PROGRAl�2
BEFORE DSI MAY ISSUE PERMITS.
Violation of the Vacant Building Statute (Chapter 43) will result in the issuance of a criminal
citat3on.
Written permission from the City o£ Saint Paul is required before a Category 2 or
Category 3 Vacant Building can be sold. Requirements that must be met for Cateeorv 2 vacant
buildings include: 1. registerlre-register the building, 2• PaY outstanding fees, 3. obtain a code
compliance report, 4. submit for approval a rehab cost estimate from a licensed contractor and a
schedule for completion of all code compliance ov 1 of the pro osed usef addition to
acceptable to the City, and 6. obtain Zoning app P
a116(six) of these requirements a Cate�ory 3 vacant building must obtain a Certificate of
Gcc�.xp���y ��. a Ced�tifeate o: CodE Compiiauce prior to fne sale o2 the buiiding.
If you haue any questions you can call me at the number below.
PROPERTIES THAT ARE SUSPECTED TO BE ILLEGALLY OCCUPIED ARE SUBJECT TO
INSPECTIONS AT ANY AOUR OF TE� DAY OR l�TIGHT.
Sincerely,
Mike Kalis
651-266-1929
Vacant Buildings Code Enforcement Officer
dj
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March 9, 2010 Legislative Hearing Minutes
Page 4
3. Appeal of Linda Mammenga to a C of 0 Revocation, which includes Condemnation, and
Vacant Building Registration Notice and Fee for property at 980 Marion Street.
Linda Mammenga, appellant, appeared. Matt Dornfeld, DSI — Vacant Buildin�s, and Leanna Shaff,
D5I — Fire, appeared on behalf of the department.
Mr. Domfeld stated that the C of O was revoked by Inspector Cummings, Fire, on February 17,
2010 and was referred to Vacant Buildings. Inspector Kalis opened a category 2 vacant building
file on February 18, 2010.
Ms. Shaff stated that the initial inspection was done on Jluie 18, 2009 by Inspector Cummings and
the owner was present. At that inspection, the inspector found the following conditions: the attic
was being used as a bedroom; the stairway to the attic was not legal as it was extremely narrow and
twisted; the window in the attic had a new insert with no permit being pulled; and the ceiling height
was not adequate to accommodate a sleeping area as the roof had a lot of angles. At that tiine, the
owner indicated that she didn't want the attic measured as she was going to convert it back for
storage space. The owner then appealed the orders �vith a hearing being held on July 21, 2009
which appeal was denied on the attic being used as a sleeping room. A variance was granted on the
stairway railing on the condition the attic only be used far storage. The property was re-inspected
on August 7, 2009 and a list of deficiencies was issued. There were several rescheduled inspaction
appointments in September and Novembex with the property not being re-inspected again until
December 1, 2009 with an additional list of deficiencies being issued. The property was re-
inspected on 7anuary 22, 2010, wiCh the owner not being present, and another list of deficiencies
was issued. On February 8, 2010, Inspector Cummings received a faa� from the owner that no one
would be at the scheduled appointment that morning as the tenants were closing on their new house.
The inspector indicated to the owner that she would conduct the inspection and if she could not gain
entry, the C of O would be revoked. The inspector was unable to gain entry and revoked the C of O
as occupied. On February 16, 2010, the inspector went to the property to confirm that the property
was vacant and referred it to the Vacant Building Program. She said the revocation resulted
essentially six months after the initial set of arders had been issued.
Ms. Mammenga stated that that the house was buik in 1885 and when she had an appraisal done of
the property, the upstairs was considered as one bedroom because of the size of the room and it only
had one closet. She said she had lived there for 25 years and when she purchased another property,
she had rented it as having two bedrooms upstairs and one bedroom downstairs. She said that the
window in the attic was never measured by the inspector and believed it was 20 x 25 which met the
egress criteria. She said she had notified Inspectar Cummings, via email, on February 8 that she
would not be available for the inspection because she had to work and the tenants had purchased a
new home and were moving out on February 11. When Inspector Cummings went to the property
on February 16, she had someone there to meet her; however, the inspector did not inspect the
property and said she was only there to confirm that the building was vacant. She said that
everything on the list had been completed, including the sign off on the permits, and she needed to
have the property re-inspected. She asked that the vacant building status be reconsidered, that the
window be measured and she be �anted variances for the stairs and the window.
Ms. Shaff stated fhat at the initial inspection in June, the owner had noY wanted the window
measured. She said the handrail and the ceiling height were also issues, thus, she was told t}�at the
attic could only be used for storage as the attic was not habitable. Ms. Shaff also confirmed through
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March 9, 2010 Legisiative Hearing Minutes
Page 5
STAMP that the permits had been finaled. Ms. Mammenga responded that the ceiling was 6 feet in
height and was two feei wide at the peak as the room had a dormer so the roof lines were at odd
angles.
Ms. Moermond reviewed the February 8 orders issued by Inspector Cummings wherein she revoked
the C of O and the February 16 orders where she found the building vacant and referred the
property to the Vacant Building Program. Ms. Moermond stated that many of the deficiencies had
remained uncorrected going back to June. She said the attic could not be used as a sleeping space
and could only be used for storage given the height of the ceiling.
Ms. Mammenga asked if she could seal off the attic with a lock on the door. She said she had a
friend with a son who wanted to move in soon. Ms. Shaff responded that a door with a deadbolt
would be fine provided it had a thumb latch on the inside so no one would accidentally get locked in
the attic.
Ms. Moermond recommended that the condemnation on the attic be lif'ted on the condition the attic
not be used for habitable space (may only be used for storage); the �roperty must be re-inspected
and a C of O re-issued by April 8; if the C of O is not re-instated, the property will be referred to the
Vacant Building Program.