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:
✓
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✓
✓
Form Approved by Mayor for Submission to Council
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� 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
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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
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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;
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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
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Signature: I ��- — CE �Lf4
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6 State specifically what is being appealed and why (Use an attachment if necessary):
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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
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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
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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.
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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.
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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.