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10-339CouncilFile# [d�'�j�jGf Green Sheet # 3103274 Presented by RESOLUTlON CfTY,OF SAINT PAUL, MINNESOTA 3� 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 March 17, 2010 hereby memorializes its decision 3 to certify and approve the March 16, 201Q decision of the Legisiative Hearing Officer for the following 4 address: 5 6 ADDRESS APELLANT 7 8 2033 Reanev Avenue John Lopez 9 10 Decision: Appeal denied and extension granted to March 31, 2010 to vacate the building. Carter Bostrom Harris Helgen Thune Adopted by Council: Date Adoption Certified by Council ecretary BY: � C Approv d a r� Data "C ' p By: Requested by Department oE Sy: Form Approved 6y City Attorney By: ✓ � ✓ ✓ Form Approved by Mayor for Submission to Council Bv: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � DepartmenU�celCouncii: , Date l�itiated: ', 16-��� co-�°u°°�� ,9MAR2o,o Green Sheet NO: 3103279 Contact Person & Phone: � � Department Sent To Person InitiailDate Marcia Moermond y 0 co�❑�u 1 Council Deoar[mentDirector �`'� 2 CiNClerk ' CiriClerk Must Be on Council Agenda by (Date): Number 3 , , ; For , � ' Routing k , � Doc. Type: RESOLUTION ! Order , 5 ' �. E-DOCUmentRequired: Y Document Contact: Contad Phone: Total # of Slgnature Pages _(Clip All Locations for Signature) I � Memorializing City Council action taken March 17, 2010 denying the appeal and granting an extension to March 31, 2010 to vacate � the building for property at 2033 Reaney Avenue. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following QuesUons: i. Has ihis personlfirm ever worked under a contract for this depadment? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Ooes this personlfirm possess a skill not normally possessed by any cuRent City employee� Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why); Advantages if Approved: Disadvantages If Approved: Disadvaritages if Not Approvetl: Total Amount of Transaction: Funding Sourte: Financial Information: (Expiain) CosURevenue 6ud9eted: Activity Number: March 19, 2010 10:50 AM Page 1 10-339 ��= o. a=� 4wp Nifle{� C / �� February 26, 2010 John Lopez 2033 Reaney Avenue St. Paul, MN 55119 RE: 2033 Reaney Avenue Dear Mr. Lopez CITY O� SAINT PAtiL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. Piease attend the public hearing before the Legislative Hearing Officer on Tuesday, March 2, 2010 at 11:30 a.m, in Room 330 Ciiy Hall and Courthouse to consider your appea! 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 resuft in denial of your appeai. The Legislative Hearing OfFicer is allowinq you to stay in your home past the February 28, 2010 vacate date. She will give you more information at the hearing. Sincerely, � � � ����� Shari Moore City Clerk cc: ��IGI t�L`C�t' ft% `5f<� Mike Urmann, DSI (Fire) Leanna Shaff, DSf (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legistative Hearing Officer Jerry Hendrickson, Deputy City Attorney Cassandra Nefzke, SMR�S 15 WEST KELLOGG BOULEVARII, SUITE 310 SAINT PALJL, YvIINNES�TAS702 Te1:651-?6o-S68S fax: 651466-857a wwH Hn Aff�rmanve Acfion bqual Opportun�ry Employe; 10-339 APPLICATION FOR APPEAL Saint Paui City Clerk 15 W. Kello�g Blvd., 290 Ciiy Hall Saint Paul, Minnesota » 1 Q2 Tetephone: (651) 266-86&8 l. Address of Property being Appealed: 2. Number of Dwelling linits: 3. Date of Letter Appealed: L�� �t��:h2,v, c" ; �=:h 7�,u,�,o 4. Name of Owner. L� = Ja Lu��: Address: "1-2 "h� �o�•Neat. A,� City: ��'- raK l State: �^� N Zip: ��!'�;• Phone Numbers: Business Residence Cellular Signature: 5. Appellant l ApplicanC (if other than owner): !r�R � S �. �o ey:� �� � r Jz�� �n �-���'e� Address: 2c?� `�eae� � htv City: �1P State: 1����5 Zip: �1k`� PhoneNumbers: Business 6,�1 "� �'�3 Residence Cellular / ,� �s7*�,n � � S Signature: I ��- — CE �Lf4 � ��� t� � U ` 6 State specifically what is being appealed and why (Use an attachment if necessary): � - i�.T.nk��e (J,!"t9, � i,,,. �k�vl':L+�e_ 4s°a.tktn.t Se.�+�'1 �,n,otR„��tr_: i'}r�k ��n.� (hY2 L��z-•�U J f1t��`lkC�S;n'll. lkd.�r� _ ; "�ritli(�ft_(,� �`?m0�f`s il� Z\� `{� :l'.3fU/t4`�a, 'JLDP�l'+- � � . I � NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accompany this application as a necessazy condition for filing. Yoa must attaeh a copy of the original orders and any other eorrespondence relafive to th3s appeal. Any person unsatisfied by the final decision of the City Council may obtain judicial review by hmely filing of an action as provided by 1aw in District Court. For Offiee Use Onl � I Date Received: Fee Received: Receipt Number: Data of Hearing: � Rev�setl 4118/2006 10-339 �.,t,T raci. � �AA crT� oF sa�rT paul. ChristopherB Coleman,Mavar DEPARTMENi OF SAFETY AND iNSPEC'C[ONS Fire Inspecnon Ihvison Bob Kuster, Dvecmr 375JackconS�reer,Sruie220 7'elephone. 651d66-8989 Sn:nt PauF, Mmnesoaa �5701-1806 Facsimtle 651-266-89�7 Web' �w✓wsm¢ul eov/�Isi February 17, 2010 LOIS B JACOBS 2235 ROCKWOOD AVE APT 607 ST PAUL MN 55116-3132 NOTICE OF CONDEMNATION UNFIT FOR HUMAN HABITATION ORDER TO VACATE RE: 2033 REANEY AVE Ref. # 103052 Dear Property Representative: BUILDING VACATE DATE IS FEBRUARY 28, 2010 AT 12 NOON Your building was inspected on February 17, 2010. The building was found to be unsafe, unfxt for human habitahon, a pubhc nuisance, a hazazd to the public welfare or otherwise dangerous to human 1ife. A Condemnation Placard has been posted on the building. The following deficiency list must be completed or the building vacated by the re-inspection date. A reinspechon will be made on March 1, 2010 CONDEMNATTON OF THE BUII,DING REVOKES THE CERTIFICATE OF OCCUPANCY. Faiture to complete the cotrections may result in a criminal citation. The Samt Pau] Legslafive Code requires that no building be occupied without a Fire Cerhficate of Occupancy. DEFICIBNCY LIST 1 ST FLOQR - SPLC 34.1 l, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or ieplace and mamtain the piumbmg fixhue to an operational condirion.-Repair or replace and maintain an approved private toilet. This work may require a permit(s). Cail LIEP at (651) 266-904�. Toi1et not secure. SECURE TOILET TO FLOOR AND CAL7LK THE BASE. Basement - MSFC I011? - Remove tbe matenals that cause an exit obstruc�ion. Maintam a clear and unobshucted exitway.-Remove flowers from stairway. An Equal �pportunity Employer 10-339 3. Basement - SPLC 3423, MSFC 1101 - This occupancy is condemned as unsafe or dangerous. This occupancy must not be used unnl re-inspected and approved by th�s office. Cannot use basement for sleeping purposes no e�ess window. 4. Basement - UMC �04.6 - Provide, repair or replace the dryer exhaust duct. E�aust duccs for domestic clothes dryers shall be conshvcted af inetal and shall have a smooth intenor finish. The exhaust duct sha11 be a minnnum nominal size of four mches (102 mm} m diameter. The entue exhaust system shall be supported and secured in place. 5. HOUSE - MSFC 605.6 - Provide electncal cover plates to all outlets, switches and juncYion boxes where missing. 6. HOUSE - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent winng.- VARIOUS LOCATIONS 7. HOUSE - SPLC 34.10 (5), 34,33 (4), 34.16 - Provide and maintam interior m a clean and samtary condition. 8. HQUSE - SPLC 34.10 (7), 34.33 (6) - Repair and mamtain the walls in an approved manner.- Repair or replace the damaged or deteriorated wall coverings. Paint the wall. Patch the holes andlor cracks in tbe walls. 9. HQUSE - SPLC 34.10 (7}, 34.33 (6) - Repair and maintain the floor in an approved manner.- Repair or replace the carpering. or CLEAN AND SANTIZE CARPET 10. HOUSE - SPLC 34.13 (2), (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the unit to: 7 1 l. HOUSE - MN Stat. 299F362 - Immediately provide and znaintain a smoke detectQr Incated outside each sleeping area. 12, HOUSE - NIN State Statute 299F.5� Isnmediately provide and maintam an approved Carbon Monoxide Alarm m a location within ten (10) feet of each sleeping area. Installation shail be m accordance wrth manufacturers instructions. 13. House - MSFC 6Q5.1- Al1 light �ixtures shail be maintamed with protect;v� globes if originally equipped. 14. House - SPLC 34.10 (1) - Abate and maintain the basementreasonably free from dampness and free of moid and mildew. I5. House - SPLC 34.16 (2) - Properly dispose all of your garbage in the owner-provided containers. 16_ Repau cioset doors - SPLC 34.10 (7), 34.33 (fi) - Repair oi replace and mamtam the woodwosk in an approved manner. 17. Upstairs - MSFC 6051 - Remove unapproved exposed wiring and install in accordance with the elech code. Ttns work may require a permit(s). Call DSI at (651) 266-9090. 18. Upstairs - MN Stat. 299F362 - Immedaately provide and maintam a smoke detector located outside each sleeping area. 10-339 1 A. lipstairs - NIN State Statute 299F.50 Immediately provide and maantain an approved Carbon Monoxide Alarm m a location wrthin ten (10) feet of each sleeping area. Installation sha11 be m accordance with manufacturers mstructions. 20. Upstass - MSFC - 3503.1.1 speail limitahons for mdoor storaee and use Flammable �ases shati not be stored ar used i GROUP A B E I OR R OCCi3PANCIES.-Remove acerylene tank 21. IIpstairs SOUTH SIDE - MSFC 1026.1 - Provide and maintain an approved escape window from each sleeping room. The minimum size must be 5 square feet of glazed area with a minimum of 24 inches of openable height and 20 inches of openabie width. With a finished sill hei;ht not more than 48 inches. Refer to provide handout EW-1 for more information.-Installation without permit. Permit is required for Installation 22. K�tchen - SPLC 34_10 (7), 34.33 (6) - Repair and maintain the cabmets m an approved manner. 23. Move bed post - MSFC 1026. I- Provide and maintam an approved escape wmdow from each sleeping room. BEDROOM N. E. SIDE 24. SPLC 34.11 (6), 3434 (3} - Provide service of heating facihty by a licensed contraator wh�ch must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Buming Equipment Safety Test Report to this office. Z5. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and retum rt to this office. For an explanation oz informarion on some of the violations contained in this report, please visit our web page at: http://www.ci.stpauLmn.us/indexaspx?NID=211 YQU have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the Office of the Ciry Clerk, 310 Ciry Hall, City(County Courthouse, 15 �� Kellogg Bivd, Samt Paul MN 55102 Phone: (651-266-8688) and must be filed within 10 days of the date of the original orders. if you have any questions, email me at: james.thomas@ci.stpaul.mn.us ar call me at 651-266-8983 between �:30 - 9:00 a.m. Please help make Saint Paul a safer place in which to Irve and wark. Sincerely, 7amas Thomas Fire Inspector Re£ # 1930�2 cc: Housing Resource Center Force Unit 10-339 March 2, 2010 Legislative Hearing Minutes Page ll 2. Appeal of Cassandra Netzke, SMRLS, on behalf of Jotui L,opez, to a Notice of Condemnation and Order to Vacate property at 2033 Reanev Avenue. John Lopez, appellanUtenant, appeared. Cassandra Netzke, SMRI.S, appeared on behalf of the appellant, 3ohn Lopez. Patricia Whitney, attomey, appeared on behalf of the property owner, Lois Jacobs. Leanna Shaff, Tnspector Supervisor, DSI — Fire, appeared on behalf of the department. Ms. Shaff stated that the property was first inspected by Inspectar Thomas on December 8, 2009 which resulted in a list of deficiencies which iiicluded the following: people sleeping in the basement; a`torch' was being used in the basement; no smoke detectors outside sleeping rooms; work, including installation of windows, had been done without a permit; and doors had locks indicatang the possibility of a rooming house. Thus, Inspector Thomas was unable to access all areas of the building for inspection. Inspector ThQmas conducted three subsequent inspections, including an inspection that resulted in a no entry fee, and on February 17, 2010, Inspector Thomas condemned the building and ordered a vacate date of February 28 aY noon. It was hex understanding that the owner of the building, Lois Jacobs, was elderly and in failing health. Her family members were attempting to assist her with the property with the intention of moving her to her daughter's home out of state. According to Ms. 7acobs, the tenant had failed to make rent payments and had made repairs to the building without permission and without pulling permits to do the work. It was the intent o£ the tenant to purchase the property from Ms. Jacobs and Ms. Jacobs was willing to sell to the tenant. Inspector Thomas needed full access to inspect the enrire property to determine what deficiencies remain and whether the condemnation could be lifted. Ms. Whitney stated that Ms. 7acobs had the beginning of Alaheimers and her daughter, who lived in Seattle, had power-of-attorney over her mother. It was the intention of Ms. Jacob's daughter to bring the property up to code and either sell it to Mr. Lopez or put it on the market for sale. She said Ms. Jacobs had been negotiating a sale of the property with Mr. Lopez since last October and it was her understanding that Mr. Lopez was securing financing to purchase the property. To date, they did not have an executed purchase agreement, Mr. Lopez had also made unauthorized repairs to the building without the knowledge of Ms. Jacobs and she also took issue with the fact that work had been done without permits. It was also her information that more than three people were living in the house. She noted that Mr. Lopez was also delinquent on rent payrnents. Ms. Netzke stated that Mr. Lopez was a disal�led vet and had financial resources through the VA to be able to purchase the property. She said Mr. Lopez had made repairs to the property based on the fact that he planned to purchase the property. She said a paralegal from her office had gone to the ptoperty the previous day and upon inspection, found that most of the work had been done. She requested that the property be inspected again to determine the remainder of the deficiencies which needed to be corrected. Mr. Lopez did not want to vacate the property as he had a lot of money invested into it and what was needed was a sale price so they could negotiate on a closing. He was also willing and able to pay any delinquent rent paymants. Mr. L,opez stafed that he was retired due to a disability. He was in Florida at ttie time of the initial inspection in December and alsa was not aware that the inspector did an inspection of the interior. He said the owner had insriucted him to make repairs to the house; when a window was broken, the owner told him to replace it. The daughter had also asked him replace carpet which he did and he took issue with conflicting statements by the owner and her daughter. He had replaced a hot water heater and acknowledged that he had not pulled permits but would be willing to do so. No one was Mazch 2, 2010 Legislative Hearing Minutes 10-339 Page 12 living in the basement; however, he did have people who stopped by to see him on occasion. Ms. Shaff responded that according to the inspector, there were a lot of different people coming and going from the property. The inspector took issue with the keyed locks on the different doors in the house. Ms. Netzke responded that the property was not a boarding house and if there were locks on the doors, they would be removed. The hearing was recessed from 1220 to 12:40. Ms. Moermond reviewed the documents on the condemnation and order to vacate. She recommended denying the appeal and granting an extension to March 19 to vacate the property which may be modified based on the following conditions: 1) access to the entire building must be provided for inspection by Inspector Thomas, Supervisor Shaff, Ms. Whitney, and a representative of SMRLS [note: inspection scheduled for Mon., March 8]; 2) a complete disclosure of all modifications made to the building musf be submitted to tlae lnspectors and respective attorneys; 3) any life/safety issues revealed at the rime of inspecrion may result in immediate eacate; and 4) Ms. Whitney, on behalf of Ms. Jacobs, will submit a wark plan outlining campletion of the required repairs (to be submitted by noon on Wed., March 10). Legislative Hearing is continued to March 16 to discuss a possible vacate date of Friday, March 19, depending upon the conditions found at the property. 10-339 March 16, 2010 Legislative Hearing Minutes Page 9 7. Appeal of Cassandra Netzke, SMRLS, on behalf of John Lopez, to a Notice of Condemnation and Order to Vacate properry at 2033 Reaney Avenue. (Continued from March 2) John Lopez, the appellanUtenant, did not appear. Patricia Whitney, attorney, appeazed on behalf of the property owner, Lois Jacobs. Leanna Shaff, Inspector Supervisor, DSI — Fire, appeared on behalf of the department. Ms. Whitney stated that Ms. Netzke could not stay for the hearing and asked to her to read a statement into the record: SMRLS must withdraw from the case now that the condemnation was lifted. It had come to their attention during the course of attempting to obtain a mortgage, that Mr. Lopez had verified income that exceeded SMRLS' income guidelines. Therefore, they were required by Federal regulations to withdraw from representation. Ms. Whitney stated that Ms. Netzke had contacted Mr. Lopez to remind him of this hearing. Ms. Moermond indicated to Ms. Whitney that she had reviewed the work plan she had submitted and thought it was a reasonable plan. She asked whether the building had been vacated. Ms. Whltney responded that the vacate date was March 31 and she did not anticipate the tenant would move out prior to that date. Ms. Shaff confirmed that the condemnation had been lifted, the C of O had been revoked with a vacate date of Mazch 31 as there were still existing orders on the building. Ms. Moermond asked whether the revocation was also under appeal and whether the orders should continue under appeal. Ms. Shaff responded that she did not believe the revocation was under appeal and didn't believe the orders should continue under appeal. Ms. Whitney stated that the owner wanted access to the property and had issued an eviction to the tenant to vacate by March 31. It was her understanding that if the tenant did not vacate the property, the city would take enforcement action as would she on behalf of the owner. She said Mr. Lopez continued to be uncooperative which was why they did not want to proceed with making any of the repairs until he vacated the building as she feared retribution for the eviction action. Ms. Moermond reviewed the original orders on the condemnation. She recommended denying the appeal on the condemnation and order to vacate noting that the department lifted the condemnation; however, there were a significant number of deficiencies needing to be addressed. The C of O has been revoked with a vacate date of March 31, 2010. Also recommend accepting the work plan submitted by Ms. Whimey, on behalf of the owner, to complete the repairs.