10-381Council File #
Green Sheet #�J-1
RESOLUTION
Presented by
AUL, MINNESOTA
//
1 WHEREAS, adverse action was taken against all licenses held by Jerry Castillo d/b/a Amigos Auto
2 Center & Sales (License ID#20060003581) for the premises located at 1445 Arcade Street in Saint Paul,
3 by Notice of Violation dated Mazch 4, 2010, alleging that on November 30, 2009 and February 19, 2010,
4 an inspector from the Aepartment of Safety and Inspection found tires stored outside in violation of license
5 condition #16 and on February 19, 2010, found auto repair taking place outside the building in violation of
6 license condition #9; and
7
8 WHEREAS, per Saint Paul Legislative Code §310.05 (m) (1), the licensing office recommended a
9 $500.00 matrix penalty; and
10
I 1 WHEREAS, licensee did not respond to the Notice of Violation to pay the $500.00 matrix penalty
12 or request a public or administrative hearing; and
13
14 WHEREAS, the Notice of Violation stated that if the licensee failed to pay tbe $500.00 matrix
15 penalty or request a bearing by March 15, 2010, that the matter would be placed on the consent agenda to
16 impose the recommended penalty; now, therefore, be it
17
18 RESOLVED, that Jerry Castillo d/b/a Amigos Auto Center 8c Sales is hereby ordered to pay a
19 matrix penalty of $500.00 for three (3) license condition violations between November 30, 2009 and
20 February 19, 2010. Payment of such penalty shall be made within thirty days of the date of the adoption of
21 fhis resolurion.
Bostrom
Carter
Harris
Helgen
Thune
Yeas Nays Absent Reques[ed by Department of:
� (�M� �Mt� � � 5
✓ �
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Adopted by Council: Date 't
Adopuon Certified by Co cil Secretary
BY 2' �Sd/J
Approved by r Date Zp J�
By:
CITY
Foim Approv d by City Attor�eyl
gy; ,� i n }' � �•�s
Form A pr ed Ma for Sub on uncil
By:
10-381
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
S � _ Dept. of Safety 8� InspecGons j 18 MAR 20'f0
ContaM Person & Phone:
Virqinia D. Palmer
266-8710
' Must Be on Counci enda by (Dat '��
�, 07-APR-10 � ���� ��
��, Doa Type: RESOLUTION �,
E-Document Required: Y
Document Contact: �ulie Kraus
Contad Phone: 266-8776
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of the attached resolurion to take adverse action agains[ all licenses held by Jerry Casrillo d/b/a Amigos Auto Center &
Sales (License ID#20060003581) for the premises located at 1445 Arcade Street in Saint Paul.
Recommendations: Approve (A) or Re�ect (R):
Planning Commission
CIB Committee
Civil Service Commission
Green Sheet NO: 3103139
0
i
2
3
4
5
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Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current city employee?
Yes No
Explain ail yes answers on separate sheet and aHach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee was cited for three license condirion violations during inspections on November 3Q 2009 and February 19, 2010. After
notification, licensee did not respond to the Notice of Violation.
Advantages If Approved:
Imposition of $500.00 matrix penalry.
DisadvanWges If Approved:
DisadvanWges If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
y
Assign ,
Number
For i
Routing
Order I
CosURevenue Budgeted:
Activity Number:
March 18, 2010 334 PM Page 1
10-381
OFFICE OF Tf� CITY ATTORNEY
John J. Chor, CrtyAttomey
SwINS
P"°i CITY OF SAINT PAUL CivilDivision
� Chnsfopher B. Coleman. Mayor 400 City Hall Telephone: 651266-8710
75 West Kellogg Blvd. Facsrmile: 651298-5619
AAAA Saint Paul, Minnesota 55702
Mazch 4, 2010
NOTICE OF VIOLATION
Jerry Castillo
Amigos Auto Center & Sales
1445 Arcade Street
St. Paul, MN 55106
RE: All licenses held by Jerry Castillo d/b/a Amigos Auto Center & Sales for the premises located at 1445
Arcade Streetin Saint Paul
License ID #20060003581
Dear Mr. Castillo:
The Department of Safety and Inspections (DSn has recommended adverse action against alJ licenses held by
Jerry Castillo d1b/a Amigos Auto Center & Sales for the premises located at 1445 Arcade Street in Saint Paul. The
basis for this determination is as follows:
On December 1, 2009, you were sent a letter from the Department of Safety and
Inspections (DSI) stating that during an inspection of the licensed premises on
November 30, 2009, tires were found stored on the north side of the building and on
the roof in violation of license condition #16 which states: "All tires must be brought
inside the building at nighG Outdoor display of tires on the Zist is permitted during
business hours only, is limited to a n:a.rimum of thirty (30) tires."
On February 19, 2010, DSI received a complaint of tires stacked up outside the
building and stored overnight. A DSI inspector came to your establislunent and spoke
to your brother and reminded him that storage of tires in a truck is in violation of
license condition #16. He told the inspector that he was not able to get the company to
come and pick up the tires. He was in the process of changing a tire outside and he
didn't have room inside. This is a violation of license condition #9 which states: `°No
auto repair of vehicles may occur on the exterior of the lot or in the public right-of-way.
All repair work must occur within the enclosed buiZding."
Based on these violations to the conditions of your license, per Saint Paul Legislative Code §310.05
(m) (1) the licensing office will recommend a$500.0� matrix penalty and require that you remove the tires
stored outside.
Affirmative Action Eaual Obuortunitv Emnlover
10-381
Amigos Auto Center & Sales
March 4, 2010
Page 2
At this time, you have three options on how to proceed:
You can pay the $500.00 matrix penalty. If this is your choice, you will need to send your payment
to the Department of Safety and Inspections at 375 Jackson Street, Ste. 220, St. Paul, Minnesota
55101-1806 no later than Monday, March 15, 2010. 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 will be considered a waiver of the hearing to which you are entitled.
2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint
Paul City Council, you will need to send me a letter with a statement admitting the facts and
requesting a public heazing. We will need to receive your letter by Monday, March 15, 2010. The
matter will then be scheduled before the City Council for a public hearing to determine whether to
impose the $500.00 matrix penalty. You will have an opportunity to appeaz before the Councll and
make a statement on your own behalf.
3. If you dispute the above facts, you can request a heazing before an Administrative Law Judge. At
that heazing both you and the City will be able to appeaz and present witnesses, evidence and cross-
examine each other's witnesses. The St. Paul City Council wil] ultimately decide the case. If this is
your choice, please advise me no later than Monday, March 15, 2010, and I will take the necessary
steps to schedule the administrative hearing.
If you have not contacted me by that date, I will assume that you do not contest the imposition
of the $500.00 matrix penalty. In that case, the matter will be placed on the Council's 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,
�/ � �
, �
Virginia . Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Jerry Castillo, 1621-7`�' Street East, St. Paul, MN 55106
Leslie McMurray, Exec. Director, Payne Phalen District 5 Planning Council
506 Kenny Road, Suite 130, St. Paul, MN 55130
STATE OF MINNESOT
10-381
) ss. AFFIDAVIT OF SE.. JICE BY U.S. MAIL
COI3NTY OF RAMSEY )
Julie Kraus, being first duly swom, deposes and says that on the �� day of
March, she served the attached NOTICE OF VIOLATION by placing a true and correct copy
thereof in an envelope addressed as follows:
Jerry Castillo
Amigos Auto Center & Sales
1445 Arcade Street
St. Paul, MN 55106
Jeny Castillo
1621-7�' Street East
St. Paul, MN 55106
L,eslie McMurray, Exec. Director
Payne Phalen District 5 Planning Council
506 Kenny Road, Suite 130
St. Paul, MN 55130
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
`'' \�� �:'ls� �i-,l-l.4'1.�
�s
Ju7i�e Kraus
Subscribed and sworn to before me
this y�L day of March, 2010
�� ( �� �. O
otary Public
RITA M. BOSSARp
NOTARY PUBLIC • MINNESOTA
MY COMMISSION
D(PIRESJAN.37,2075
License Group Conditions Text
Licensee: JERRY CASTILLO
�BA� AMIGOS AUTO CENTEFi & SALES
License #: 20060003581
10-381
03/78/2010
1. The number of vehicles displayed 'for sale° outdoors shall not exceed eleven (� 7), all display vehicies on the site must be parked as shown on the
approved site plan on file in LIEP, dated 12/19/06. (Any changes to the site plan must be approved by the Zoning Adminishator)
2. The required parking spaces for employees and customers is eight (8), there are eight (8) spaces marketl for customer and employee use, ail vehicles
on the Site must be parked as shown on the approved site plan on file in LIEP, dated 12/19/O6. (Any changes to the site plan must be approved by the
Zoning Adminisirator).
3. Customer, empioyee or sale vehicles shall not be parked or stored on the street or alley. This includes cars which have been repaired and are awaiting
pick-up by their owners-all display vehicles on the site must be parked as shown on the approved site plan on file in LIEP, dated 11/3/O6. (Any changes to
the site plan must be approved by the Zoning Administrator).
4. There shall be no eMerior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a
covered tlumpster.
5. The license hotder agrees to maiMain ihe fencing, vehicle location and vehicle barriers in a manner consisteni wiih the approved site plan.
6. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing.
7. Vehicle salvage is not permitted.
8. Auto body and painting are not permitted.
9. No auto repair of vehicles may occur on the eMerior of the lot or in the public right-of-way. All repair work must occur within an enclosed building
10. Customer vehicles may not be parked longer than 10 days on the premises. It shall be the responsibility of the licensee to ensure than any vehicle not
claimed by its owner is removed from tfie lot as permitted by law.
11. Provide maneuvering space on the property to allow vehicles entenng and exiting the site to proceed fonvard as st�pulated on the approved site pian.
12. Licensee must comply with all federal, state, and local laws.
13. Storage of vehicle fluids, batteries, etc. shall be in accordance with Ramsey County Hazardous Waste Regulations.
14. The Second Hand Dealer Motor Vehicle License is issued on the condition that the State of Minnesota Dealer Number is submitted to LIEP upon
issuance by the State of Minnesota Dealer Unit.
15. The buffer area along the wesiem boundary of the property shall be landscaped with shnbs, grass, and properly maintained.
16. All tires must be brought inside the building at night. Outdoor display of tires on the lot is permitted during business hours only, is limited to a
maximum of thirty (30) tires.
77. The outdoor tire display area on the loi is restricted to against the east building wall that is on eiiher side of the northem most repair bay entry door.
10-381
DEPARTMENT OF SAFE i Y AND INSPECTIONS
Bob Kessler, Director
CITY �F $A�T PAUI- 3I5 Jackson Sveet, Suite 220 Telephone� 651-266-8989
Chnstopher B Colemnn, Mayor Snint PauC Mrnnesota 5 5101-/806 Faarm�[e bi/-266-9124
Web� wwwnoaulrov/ds
December 1, 2009
Jerry Castillo
Amigos Auto Center & Sales
1445 Arcade St.
St.Paul, Mn. 55106
Mr. Castillo,
Complaints have been made and investigated. On November 30, 2009 an inspection of your
property at 1445 Arcade found tires being stored at the North side of the building and on the
roof.
This is outdoor storeage which is not permitted at this location. All of the tires must be
removed from the roof and outside the building by December 15, 2009.
Failure to do so will result in adverse action against all of your licenses.
You may contact me at (651) 266-9110 with any questions.
Respectfully,
Kristina Schweinler
Sr. License Inspector
Cc. Christine Rozek, Deputy Director
VirginaPalmer, Asst. City Atty.
An Equal Opportunity Employer
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Chapter 310. Uniform Licens. rocedures
10-381
Page 1 of 3
m) Presumptive pena/ties for certain violations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the length of license
suspensions a�d the propriety of revocations, and shall apply to all license rypes, except that in
the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is
listed. In the case of an adverse action filed for a violation of chapter 331A, the licensee shall be
given a fine for each individual violation of § 331A. The total fine amount for violations of § 331A
may exceed the maximum fine outlined below due to multiple violations in one (1) appearance.
All penalty recommendations for chapter 331A violations shall be based on the food penalty
guideline referred to in chapter 331A. These penalties are presumed to be appropriate for every
case; however the council may deviate therefrom in an individuai case where the council finds
and determines that there exist substantial and compelling reasons making it more appropriate
to do so. When deviating from these standards, the council shall provide written reasons that
specify why the penalty selected was more appropriate.
TABLE INSET:
Appearance
Type of Violation
1st 2nd 3rd 4th
(1) Viofations of conditions $500.00 fine $1,000.00 $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 Iicensed activity fine suspension
(3) Violation of provisions of
the legislative code relating $2,000.00 fine
to the licensed activity, $500.00 fine $1,000.00 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
DSI inspector or police suspension
(5) Commission of a crime
other than a felony on the $700.00 $1,500.00 5-day Revocation
premises by a �icensee or suspension
employee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation n/a 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- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation
under331A $150.00 $250.00 $500.00 $1,000.00
(i) Fines payable without hearing .
10-381
Chapter 310. Uniform Licens ; ocedures Page 2 of 3
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be
making a first or second appearance before the council may elect to pay the fine
to the Department of Safety and Inspections without a council hearing, unless the
notice of violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount.
Payment of the recommended fine will be considered to be a waiver of the
hearing to which the ficensee is entitled, and wilf be considered an "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 equal 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 council hearing is required if the Department of Safety
and Inspections recommends a fine that is an upward departure for the amount
outlined above.
(ii) Multiple 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 and/or
incorporated in the notices sent to the licensee under the administrative procedures act
up to and including the formal notice ofi hearing. The council in that case shall consider
the presumptive penalty 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) Violations 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 council 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 dealt with as a"2nd
Appearance" before the council. The same procedures shall apply to a second, third or
fourth appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particuiar 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 relation to any violation other than another violation
of Chapter 331A.
(v) Computation of time.
(1) If a licensee appears before the council for any violation in paragraph (m)
where that violation 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 council on fivo (2) previous occasions
Chapter 310. Uniform Licens, rocedures
10-381
Page 3 of 3
for violations listed in paragraph (m) or section 409.26, and if said licensee again
appears before the council for a violation listed 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 the 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 councii for a violation contained in
paragraph (m), and if the current violat+on occurred within twenty-four (24}
calendar months of the violation that gave rise to the first appearance, then the
current appearance shall 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 multiple 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) Notwithstanding 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 law 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 ficensed estabfishment. 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. 08-1208, § 1, 12-17-08)