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10-462Council File # ��' �'(O Green Sheet # 3107958 C�7 � Presented by < LUTION NNESOTA : 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 Apri121, 2010 hereby memorializes its decision to 3 cer[ify and approve the March 30, 2010 decision of the Legislative Heazing Officer for the following 4 address: 5 6 ADDRESS � APELLANT 7 8 906 Chazles Avenue Ron Staeheli 9 10 Decision: Deny the appeal and extension granted to May 15, 2010 to come into compliance. Yeas Harris � ✓ � Adopted by Council: Pate ��//U Adoption Certified by Council Secretary BY� .'L Approve May r: te 5� / � lZ� By: Requested by Department of: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: 10- � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �Vz � DepartmenUOfficelCouncil: Date InRiated: �o-�°°^�� 23APR2010 Green Sheet NO: 3107958 Conpct Person & Phone: DePartment Sent To Person InitiaVDate Marcia Moertnond o oon�u 0 6-8570 1 onncil De artmentDirec[or Assign Z �ry Clerk Ci Clerk Must Be on Council Agenda by (Date): Number 3 0 For 4 0 Routing Doc.Type:RESOLUTION Order 5 0 E•Document Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Ciip All �ocations for Signature) Action Requested: Resolution memorializing City Council action taken April 21, 2010 denying the appeal and extension gran[ed for property at 906 Chules Avenue. Recommenda6ons: Approve (A) or Reject (R): Personal Service ContraMs Must Answer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person7firm possess a skill not normally possessed by any current ciiy employee? Yes No Expiain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges If Approved: Disadvantages If Not Approved: Total Amount of Transactio�: CosVRevenue Budgetetl: Funding Source: Activity Number: Financial Information: (Explain) April 23, 2010 10:52 AM Page 1 .`` ' � mnnm� � 0 m� �I �� March 22, 2010 Ron Staeheli 353 Meadow Green Drive Davenport, FL 33837 RE: 906 Charles Ave Dear Mr. Staeheli: CITY OF SAINT PAUL CITY CLERK'S OFFICE 10-462 Your application for an appeal has been received and processed. � ✓� t�.c:, � {��s.�r�h 3c- Please atte ' the public hearing before the Legislative Hearing Officer on Tuesday, kp�rii-6; 2010 at .�� .m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officerwill hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sin�erely, _ Shari Moore City Clerk cc: l� �� Fire Supervisors Marcia Moermond, Legislative Nearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVARB, SUITE 310 SAINT PALR, MINNESOTA55102 Tei: 651-266-8685 Fax: 651-266-8574 wwcx.stpaui.gov An Affirmatrve Act�on Equal Opportumry Eroployer 10-462 APPLICATION FOR APPEAL Saint Paul City C12rk 1� W. Kellogg Blvd., 310 City Hall Saint Paul, Minne,ota 55102 Telephone:(6�1)266-8648 1. Addrz;, of Property bzing Appealed: 906 Chartes Ave 2. l�umber of Dwellin� Units: 1 3. Date of Letter Appealed: 03-09-2010 4. Name of Owner: Ronald Staeheli Address: 353 Meadow Creen Drive Citv: Davenport_ State: FL __Zip:_33837 _ Phone Number: Business 612-865-2004 Residence Cellular C�� // '�'L- � : r Signature: 5. Appellant / Applicant (if other than owner): Address: ___ City: Phone Numbers: Business Residence Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary): Please see attached cover letter, appeal, original deficiency list, copies of emails to and from inspector. A�25.00 check was mailed on March 16, 2010 from the Laughman FL Post office to cover the fee for this appeal. NOTE: A$25.00 filing fee made payable to the City of Samt Paul must accompany this appiicaflon as a necessary condition for filmg. You must attach a copy of the origmal orders and any other correspondence relahve to this appeal. Any person unsat�sfied by the final decision of the City Councit may obtamjudicial review by timety filing of an ac[ion as provided by law �n D�strict Court. For Office Use Only Date Received: Fee Received: Receipt Number: Date of Heazing: im"�.�d a.ai zoo� 10-462 -----Original Message----- From amerceniralinsp@aoLcom To isdrevenge@aol.com Sent: Fri, Mar 19, 20�0 1:02 pm Subject Fwd Appeal of orders for 906 Charles Ave ----Ongmal Message----- From Ame rCentrali n sp(�aol com To shan_moore ci s�auLmn us Sent: Fri, Mar 19, 2010 8 22 am Subject Appeal of orders for 906 Charles Ave Ms. Moore, Hopefully you are in receipt of the check I send Tuesday. We discussed the need to send the check separately from the appeal due to the fact that the appeal was technical and needed some time to perfect. Please find the appeal attached as a pdf file and a word file. Please reply to this email so I know you got the appeal and were able to download the attach m e nt. I mention that I may �ot be available to attend because I am taking care offamily out of state however I may be able to be in town on Tuesday March 30, 2010 in the afternoon if that works for the schedule. Thank you and hope you are well. Ron Staeheli 612-865-2004 10-462 March 19. 2010 Marcia Moermond Le�islative Heazin� Officer St. Paul City Hall St. Paul, Mi� 55132 Ms Moermond, Following is an appeal as it regards a property I own at 906 Charles Ave in St. Paul. You and I know one another and you know d�at I am a student of the various codes azid the law. As you will see I am appealing the entire list of "deficiencies" listed by Lisa Maztin based on several factors, all of which are valid under the law. Morris v Sax is very clear that under Minnesota Statues no municipality may enforce any code that is different than the building code. All of SPLC is different than the building code and is invalid and unenfarceable. For reasons that are not clear to me it is important to me that you understand that I have no interest in leaving this property in this state of repair. I have bad tenants who are being asked to leave. When the tenants leave the property wIll be addressed however that does not change the simple fact that the rules are different now. The city can not longer legally require any repairs to building structures or components using any law except the state building code.. As I mention in the appeal I ma�� not be able to attend the hearing and waive my right to przsent any additional evidence except for the appeal as written as long as each item of repair is addressed separately at the hearing on the record or you accept a written report from staff only that I can be copied and you make your recommendations based on both my appeal and staffs report. In the alternative I can attend by telephone if that more convenient. Thank you and plzase ca11612-865-2004 if you have any questions. Sincerely and respectfully, c�,�,��.��:> Ron Staeheli Mazch I5, 2010 10-462 Emails/ Lisa Martin and Ron Staeheli Lisa Martin, I am writine you in order to document further our phone calls and ask somz que>tion>. You called 6� 1-319-7006 of your ow=n volition on Macch I i, 20 S 0 to inform us that you had gone to thz property at 906 Chazles in order to evict anyone in rzsidence due to thz fact that you determined the property to be unfit ior human habitation. You informed us that you provided a smoke dztector for the people in residence and then left without evictin� anyone from the residence. . It is perfectly reasonable that we would deduce from that exchan�e that the property was no longer condemned. If the property is condemned please use your police powers to evict anyone in residence. 4Ve have no authority under the law to do so without your cooperation. If we can work together to evict any resideuce please let me know how I can help. I do not understand why you would go to the property to evict the residence and leave without evleting anyone aftec a smoke detector was installed Does that not contradict your determination that the property is "unfit for human habitation°? Plea,e let me know how I can help to evict these tenants so that I can get into the property and get repairs done.. Ron Staeheli. Mr. Staeheli, i received your e-mails and do not find the need to manage your property or your assumptions. The home is condemned, you are responsible to resolve the issues regarding your tenants and your property. Respectfully, Lisa Martin »> <AmerCentrallnsp@aol.com> 3/11/2010 11:17 PM »> Lisa, Today you called us and discus>ed that you went to 906 Chatles Ave and told the occupants that they had to vacate due to your order. They refused to vacate or install the smoke detector they removed. You went to thz fire department and got a,moke detector. You returned to the building and gave a smoke detecYor to the occupants' and had them 10-462 sien an a�eement to in�tall th2 detector and maintain it. You did not further in;ist they vacate. My question to you, is the property still condemned? If lt is what other work would have to be donz to lift the condemnation? I am also wondering if you were able to get in to fmd out if they uszd a plung2r to clear the upstairs toilet? Thank you for the update and pl2ase r2p1y Yo this and my prior email so I am sure y�u received them. Ron Staeheli Thank you for your time on the phone this morning of March 10, 2010. We discussed my property at 906 Chazles Ave in St. Paul and your determination that it is currently unfit for human habitation. You said that the reason for the condemnation and unfit status was that there were no smoke detectors on the 2 floor and no CO detectors outside the bedrooms. You mentioned that you did see the mounting hazdware for a CO detector and wiring for a smoke detector in place. We discussed a contention that the tenants removed those items in advance of the inspection. You also said that one of the two toilets in the house was clogged and that the other had a sluggish flush. You said that repairing those items would remove the condemnation. You also mentioned that the water heater was working and there was hot water provided to the unit You did not say restoring hot water to hand sink would be requued to restore habitable status. I informed you that I had maziy problem with the tenants including rzfusal to admit me and other repair people. As a re,ult of the threatening behavior of the tenants, their guests vid German Sheppazd fot personal safety of myself and my contractors I informed you that I could not attempt a repair of the issues while the current tenants were in residence. At 9:00 this morning we contacted the tenants by voice mail and asked they contact us. You mentioned that after the current tenants are vacated that I should inform you and discuss a time table of more than 30 day, of time to effect repairs ofthe property in advance of new tenants. Please respond to this email only so I can be sure you have received it and that our conversation did not include other important items not mentioned here. A�ain thanlc you and again I look forward to working with you on these propzrty issues Ron Staeheli +vvi��rvvv � z - b vi i � 10-462 Anpeal of housin� orders written March 9, 2010 for 906 Charles Ave. Followin� is my appeal to the cortection orders issued on Mazch 9 2010. As I am out of town I may not bz able to attend a heazing on this matter. I request that thz heazin� go on in my absence if I am unable to attend with my interests being served by this written appeal. As I read the appeal statute in chapter 18 my attendance at the appeal is not a requirement to have an ap�eal proczss. I would certainly be available for a telephone hearing, I am requesting the issues here be addressed on the record in the hearing as an appeal to the city council and courts may be required. I would have no objection to the appeal taking place with written documentation exclusively if that makes the process easier however I would like to be copied any material provided to the Legislative Hearing Officer by staff as evidence. Each item may have several defenses, each defense is independent of each other, to deuy a condition exists does not stipulate to the cities rights imder Minnesota Law to require repair if, in the opinion of the fact finder, the condition does merit repair. Exterior - SPLC 34.08 (1), 3431 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, garbage or feces. This item is improperl�� vague and does not list a deficiency. It simply quotes a rule but does nok list a correction, deficiency or condition requiring correction, we aiso deny a deficiency exists. 2. Exterior - SPLC 34.09 (1) b,c, 3432 (1) b,c - Provide and maintain a11 exterior walls free from holes a�d deterioration. All wood exterior unprotected surface> must be painted or protected from the elements and maintained an a professional manner free from chipped or peeling paint.-Scrape and paint peeling areas on house and gara�e. This item is not allowed under Morris v Sax and Mina. StaG § 16E.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34.09 (1) b c 34.32 (1) b, c. Thetefore it is different than the building code and is not allowed under Minn. Stat 165.62. Not withstandin� Morris v Sax and si l�i lu V,S: 13YP9 �ui —� 1bO1LO00:J(Y Ys O/1l 10-462 Minn. Stat § 16B.62, subd. 1(2006), peeling paint is not a violation of SPLC 34 S the surface is capable of repelling moisture. The propertv has cedar esterior and therefore is naturall�� resistive ko weathering and requires no mvering. Exterior - SPLC 34.09 (1) a, 3432 ( I) a- Provide and maintain fouadation elzments to adequately >upport this building at all points. This item is improperlV cague and does not List a deficiency. It simply quotes a rule but does not list a correction deficiency or condition requiring correction. It is also not allowed under Morris v Sax and Minn. Stat. § 16B.62, subd. 1(2006), in that there is nothing in the Minnesota Building code that addresses maintenance of foundations therefore it is different than the building code and is not allowed under Minnesota law. Further since it does not list a particular problem with the foundation we deny any deficiency e3IStS. 4. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door in good condition.-Repair or replace all exterior doors as they are damaged. This item is not allowed under Morris v Sax and Minn. Stat. § 16B.62, subd. 1(200b),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not x�llowed under Minnesota law. It is also improperly vague in that it does not menfion what kind of damage or what repairs mia be required. As the type of damage is not listed we deny that the esterior doors are damaged or in need of repair. Exterior - SPLC 34.09 (3 ), 3432 (3 )- Repair and maintain the door latch. This item is not allowed under Mortis v Sax and Minn. Stat. § 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore iE is different than the building code and is not allowed under Minnesota law. It is also improperly vague in that it does not mention a door or the type of door latch that the inspector feels is improper. We den�� that any latch on any exterior door is in need of repair. 6. Exteriot - SPLC 34.09 (3), 3433 (3) - Repair and maintain the wiudow frame. This item is not allowed under Morris c Saa and Minn. StaG § 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota law. It is also improperly vague in that it does not menUon a window or the type of window frame de£tciency. We deny that any window frame is in need of repair_ Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window glass. 1J/ 1V VJ, yJYl•1 VL1 -/ 1VJILVVVJI2 i 1/1� 10-462 This item is not allowed under Morris v Sai and Minn. StaL � 16B.62, subd. 1(2006),. There is nothing in the .Nlinnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under iVlinnesota law. It is also improperl� vague in that it does not mention a window or the type of window frame deficienc��. There is no requirement that the enclosed porch hace windows or be enclosed. S. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash. This item is not allowed under Morris v Sax and Minn. Stat § 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is difTerent than the building code and is not allowed under Minnesota law. It is also improperly vague in that it does not mention a window or the tppe of window sash deFciency. There is no requirement that the enclosed porch have windows or be enctosed. 9. Exterior - SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window screen. This item is not allowed under Morris v Sas and Minn. Stat. § 16B.62, subd. 1(200G),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it ie different than the building code and is not allowed under Minnesota law. Lt is also improperly vague in that it does not mention a window or the type of window sash deficiencp. There is no requirement that the enclosed porch have windows or be enclosed. Not withstanding that no screens are required b�� the building code in force when the property was constructed we deny that any required screens are in disrepair. 10. Exterior - Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. There is no requirement that private sidewalks be snow or ice free, this item is factuallv incorrect and unenforceable. 11. Exterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewallcs, walkways and stairs. This item is improperly vague and does not list a deficiency. It simply quotes a rule but does not fist a correction, deficiency or condition requiring correction. This item is not allowed under Morris v Sax and Minn. Stat. � 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota law. 12. Exterior - SPLC 34.OA (5), 3431 (3) -Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holzs and deterioration. Provide and mainfain exterior unprotected surfaces painted or protected fmm the elemznts.-Repair or remove the deteriorated garage and fencz. 10/ 1V VJ. 1JYt9 l.Ll - J 1UJIGVVUJ/Y Ys U/ll 10-462 This item is improperly vague and does not list a deficiencv. It simpl}� quotes a rule but does not List a correcrion or condition requiring correction. There is no requirement for fence maintenance or gazage maintenance in the vIinnesota Building Code, that would make anp locai requirement in excess of the Building code and would therefore be illegal. Further we deny the garage or fence is deteriorated 13. Interior- SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 471�.0200.0 - Ptovide an approved number and type of plumbing fixtures.-Hire a licensed contractor to repau all leaking and plu�ged plumbing throughout the home. Both toilets aud all sinks need repair or replacement. This item is improperly cague and does not list a condition or deficiency that would require replacement or repair. It does not list any fixture that is leaking or list the deficiency of any £xture, We deny that the sinks or toilets require repair or replacement, on toilet may need plunging. 14. Interior - SPLC 34.11 (5), 3434 (2) - Contact a licensed contractor to xepair or teplace the water heater. This work may require a permit(s). Call DSI at (651) 266-9090. This item is improperly vague and does not list a deficiency. It does not List a condition requiring correction. The inspector informed me there was hot water to the dwelling. As a xesult we deny that there is any de£iciencv in the water heater. 15. Interior - SFLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test Submit a completed copy ofthe Saint Paul Fire Marshal's Existing Fuel Surning Equipment Safety Test Report to this office. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota Law. There in no deficiency listed with the boiler to be serviced or any reason listed to require a carbon monoxide 16. Interior - UMC 504.6 - Provide, repair or replace the dryer e�aust duct. Exhaust ducts for domestic clothes dryers shall be constructed of inetal and shall have a smooth interior fmish. The erliaust duct shall be a minimum nominal size of four inches (102 mm) in diameter. This work may require a permit(s). Call DSI at (651) 266-8959. liMC 504.6 only lists the proper way to install a dryer venting system under permiE. As there is no permit the city has no authority tQ enforce the UL14C 504.06. The UMC does not list the proper way to maintain the drper venting. 10-462 17. Interior - MSFC 1003.3.1.8 - Remove unapproved locks from thz e;cit door. The door must be openable from the inside without the use of keys or special knowledge or effort.-Removz the screw; from thz side exit door. The side door is the third exit from the properry. Without the door proper egress is supplied by 5 exit windows and two full sized doors to the exterior. There is not rule to keep a properta owner from seating a doar to provide energg sacings. 18. Interior - MiQ State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alazm in a location within ten (10) feet of each sleeping area. Installation shall be in accordance with manufaciurers instructions. MN stat. 299F.50 does not require the single family property owner to maintain or install CO detecrors, MN Stat 299F.50 simply list deFnitions. MN Stat 299F.51 list requirements but does not require propertv owners of single family properties to maintain or supply CO detectors. The requirement is speciFc to dwelling occupants and is improper to require the property owner to supply or maintain the detector. The law actually never requires the owner of a singte family property to install a detector as the property owner requirement of the Law is specific to mulk family units esclusivelv. 19. Interior - MN Stat 299F362 - Tmmediately provide and maintain a smoke detector located outside each sleeping azea_ The inspector informed me that this item was taken care of bv her. 20. Interior - SPLC 34.11 (6) - Provide and maintain a minimum of 6�i degrees F in all habitable rooms at all times. This item is improperly vague and does not list a deficienc��. It simply quotes a rule but does not list a correction, deficiency or condition requiring correction. The liMC does not contain any language about a temperature requirement and does not have a mainteuance standard that has to be maintained. 21. Interior- SPLC 34.10 (7), 34.33 (6) - Repair and maintain the eeiling in an approved manner.-Patch and paint the holes and/or cracks in the ceilings caused by water damage_ There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota law. The plumbing and building code allows access holes for plumbing and there is nothing in the building code that de�als with appearance of the access hole covering or requires that they be covered. �....�......�.,.. � . o _... �,. 10-462 22. Interior - SPLC 34.10 (7), 34.33 (6) - Repai.r and maintain the floor in an approved manner.-Repair or replace the carpetin� that is torn and repair or replace the kitchen and bathroom floor tiles that are tom. The sub-floor in the dinin� room needs to be repaired under the caq�et which was damaQed by a plumbina leak. There is nothing in the Minnesota Building Code that altows SPLC 34 therefore it is different than the building code and is not allowed under 1Vlinnesota law. 23. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the walls in an approved manner.-Patch and paint the holes and/or cracks in the walls throughout and remove mold/mildew like substance. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different thpn the building wde and is not allowed under Minnesota law. 24. Interior - SPLC 34.23, MSFC I 10.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office.-This home is condemned based on no smoke or carbon monoxide detectors, the toilets are not working properly and there is a mold/mildew like substance growing on the ceilings and walls from water damage. A condemnation for lack of CO detectors, smoke detectors and a clogged toilet in a property that contains two torlets one of which is tunctional is an abuse of the condemnation process. The inspector has acknowledged that one of the two toilets was working when she inspected the property. Having worked with the citp and having reviewed dozens of inspection reports clogged toilets and missing smoke detectors are common and necer result in condemnation. 25. Interior - MSFC 605.5 - IIiscontinue use of extension cords used in lieu of permanent wiring. This item is improperly vague and does not list a deficiencV. It simply quotes a rule but does not list a correction, deficiency or condition requiring wrrection. All extension cords are not prohibited by the Electrical eode. Only cords used in lieu of permanent wiring are prohibited. Holiday lighting, hair dryer, laptop computers, dozens of non-permanent alluwed uses of extension cord wirina couid be the use in question, because the inspector has not listed a condition that was in violation we denv the condition exisCed. 26. Interior - MSFC 605.4 - Discon6nue use of all multi-plug adapters. This item is improperly vague and does not list a deficiencV. It simpl�• quotes a rule but does not list a correction, deficienc�• or condition requiring .,, �., ,,... .,r .,., �� .� r� , , 10-462 correction. Because the inspector has not listed a condition that was in ciolation we denV the condifion esisted. 27. Interioi - SPLC 34.14 (2) c- Provide or replace the duplex convenience outlet with �eound fault protection within 3 fezt of the basin on an adjacent wall ln all bathrooms. This work may rzquire a permit(s). Call DSI at (651) 266-9090.- Replace the painted GFCI outlet in the bathroom. This is an esact example of the facts in Morris v Sax and Minn. Stak § 16B.62, subd. 1(2006), and has been directly dealt with b�� the Minnesota Supreme CourL The city ma�� nok require CFCI outlets in existing properties. 28. Interior- MSFC 605.1 - Remove unapproved exposed wiring and install in aceordance with the electrieal code. Tlus work may require a permit(s). Gall DSI at (651) 266-9090. This item is improperly vague and does not list a deficiency. It simply quotes a rufe but does not list a correction, deficiency or condition requiring correction. There is not maintenance requirement in the Electrical code. 29. Interior - MSFC 605.1 - Repair or replace damaged electrical appliance wiring. This work may require a permit(s). Call DSI at (651) 266-9090.-Repair all outlets that are not working. Hire a licensed electrician to make repairs. This item is improperly vague and does not list a deficiency. It simply quotes a rule but does not list a correction, deficiency or condition requiring wrrection. There is not a maintenance requirement in the Electrical code. Further there is not requirement that anp appliance be included in a property so any appliance that has frayed wiring could not be the responsibilitV of the property ownen If the tenants have a TV with frayed wiring the properry owner has no control over that 30. Interior- SPLC 34.10 (3), 3433(2) - Ftovide an apptoved handrail. The top of the handrail must be between 34 and 3A inches above the treads and run the entire lena h of the stau.-Provide handrails to the basement and second floor. Property was build before these items were required therefore no requirement can be placed on the property by local government Please see Morris v Sax and Minn. Stat. § 16B.62, subd. 1(2006),. 31 Interior - SPLC 34.10 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide documentation ofextermination.-Hire a licensed exterminator to eliminate mice and other pests. This item is improperly vague and does not list a deficiencp. It simply quotes a rule but does not list a correction, deficiency or condition requiring 10-462 wrrection. There is no evidence of rodents listed in the deficiency as having been discovered by the inspector, we deny the condition exists. 32. Interior-Basement - SPLC 34.10 (3}, 3433(2} - Repas or replace tha unsafe stairway in an approvzd manner. This item is impxoperly vague and does not list a deficiencv. It simpl� quotes a rule but does not list a correction, deficienc�� or condition requiring correction. There is no deficiency noted as to a safety issue with the stairs. as a result we denv the stairs are unsafe and that no de£ciencies exisL 33. Interior-Basement - SPLC 34.10 (3) 3433(2) - Provide an approved guardrail. Intermediate batlustrade must not be more than 4 inches apart. Intermediate ratts must be pro vided if the height of the platform is more than 30 inches. Property was build before these items were required thereFore no requirement can be placed on the propertv by local government Please see Morris v Sax and Minn. Stat. § 16B.62, subd. 1(2006),. 34. SPLC 3A.11 (6), 3434 (3) - Provide service oFheating facility by a licen�ed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Mazshal's Existing Fuel Burning Equipment Safety Test Report to this office. This item is improperlp vague and does not list a deficiencp. It simply quotes a rule but does not IisC a carrectiun, deTiciency or candition reqniring correction. 10-462 CITY OF SAINT PAUL Chnstopher B Coleman, .Nayor Mazch 9, 2010 RONALDSTAEHELI 4300 BLACKHAWK ROAD EAGAN MN 55122 DEPARTMENTOFSAFETY ANDINSPECTIONS F�re Inspect�on Drvision Bob Kess(er, Drrector 375 Jackson Street Suite LO Telephone bi1-266-8989 SarntPaul,Mmnesota»IO/-/806 Facsmde b.i1-266-89�1 We6 wr✓w sroaul eov/dsr NOTICE OF CONDEMNATION UNFIT FOR HUMAN HABITATION ORDER TO VACATE RE: 906 CHARLES AVE Dear Property Representative: Your building was inspected on March 9, 2010. The building was found to be unsafe, unfit for human habitation, a public nuisance, and a hazard to the public welfare or otherwise dangerous to human life. 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 re-insnection will be made on March 19 2010 at ll am or the aropertv vacated CONDEMNATION OF THE BUILDING REVOKES THE CERTIFICATE OF OCCUPANCY. Failure to complete the corrections may result in a criminal citation. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. DEFICIENCY LIST Exterior - SPLC 34.08 (1), 3431 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, garbage or feces. An Equal Opportunity Employer 10-462 Exterior - SPLC 34.09 (1) b,c, 34.32 (1) b,c - Provide and maintain all exterior walls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.-Scrape and paint peeling areas on house and �ara�e. 3. Exterior - SPLC 34.09 (1) a, 3432 (1) a- Provide and maintain foundation elements to adequately support this building at all points. 4. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good condition.- Repair or replace all exterior doors as they are damaged. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door latch. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window frame. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window glass. 8. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash. 9. Exterior - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screen. 10. Exterior - Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. 11. Exterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways and stairs. 12. Exterior - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unpmtected surfaces painted or protected from the elements.-Repair or remove the deteriorated garage and fence. 13. InYerior - SPLC 34.11, SBC 29021, SPLC 34.17, MPC 4715.0200.0 - Provide an approved number and type of plumbing fixtures.-Hire a licensed contractor to repair all leaking and plugged plumbing throughout the home. Both toilets and all sinks need repair or replacement. 14. Interior - SPLC 34.11 (5), 3434 (2) - Contact a licensed contractor to repair or replace the water heater. T'his work may require a permit(s). Call DSI at (651) 266-9090. 15. Interior - SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must inciude 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. 16. Interiar - UMC 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. This work may require a permit(s). Call DSI at (b51) 266-8989. 10-462 17. Interior - MSFC 1003.3.1.8 - Remove unapproved locks from the exit doors. The door must be openable from the inside without the use of keys or special knowledge or effort.- Remove the screws from the side exit door. 18. Interior - MN State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alarm in a location within ten (10) feet of each sleeping area. Installation shall bein accordance with manufacturersinstructions. 19. Interior - MN Stat. 299F.362 - Immediately provide and maintain a smoke detector located outside each sleeping area. 20. Interior - SPLC 3411 (6) - Provide and maintain a minimum of 68 degrees F in all habitable rooms at all times. 21. Interior - SPLC 3410 (7), 34.33 (6) - Repair and maintain the ceiling in an approved manner.-Patch and paint the holes and/or cracks in the ceilings caused by water damage. 22. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Repair or replace the carpeting that is torn and repair or replace the kitchen and bathroom floar tiles that are torn. The sub-floor in the dining room needs to be repaired under the carpet which was damaged by a plumbing leak. 23. Interior - SPLC 3410 (7), 34.33 (6) - Repair and maintain the wails in an approved manner.-Patch and paint the holes and/or cracks in the walls throughout and remove moldlmildew like substance. 24. Interior - SPLC 34.23, MSFC 1101 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used unYil re-inspected and approved by this office.-This home is condemned based on no smoke or carbon monoxide detectors, the toilets are not working properly and there is a mold/mildew like substance growing on the ceilings and walls from water damage. 25. Interior - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. 26. Interior - MSFC 605.4 - Discontinue use of all multi-plug adapters. 27. Interior - SPLC 34.14 (2) c- Provide or replace the duplex convenience outlet with ground fault protection within 3 feet of the basin on an adjacent wall in all bathrooms. This work may require a permit(s). Call DSI at (651) 266-9090.-Replace the painted GFCI outlet in the bathroom. 28. Interior - MSFC 6051 - Remove unapproved exposed wiring and install in accordance with the elecri-ical code. This work may require a permiY(s). Call DSI at (651) 266-9090. 29. Interior - MSFC 6051 - Repair or replace damaged electrical appliance �uiring. This work may require a permit(s). Call DSI at (651) 266-9090.-Repair all outlets that are not working. Hire a licensed electrician to make repairs. 10-462 30_ Interior - SPLC 34.10 (3), 3433(2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire lenb h of the stair.-Provide handrails to the basement and second floar. 31. Interior - SPLC 34.10 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide documentation of extermination.-Hire a licensed exterminator to eliminate mice and other pests. 32. Interior-Basement - SPLC 3410 (3), 34.33(2) - Repair or replace the unsafe stairway in an approved manner. 33. Interior-Basement - SPLC 34.10 (3) 3433(2) - Provide an approved guardrail. Intermediate ballustrade must not be more than 4 inches apart. InYermediate rails must be provided if the height of the platform is more than 30 inches. 34. SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. 35. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and retum it to this office. For an explanation or information on some of the violations contained in this report, please visit our web page at http:f/www.ci.stpauLmn.usfindex.aspx?NID=211 You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the Office of the City Clerk, 310 City Ha11, City/County Courthouse, 15 W Kellogg Blvd, Saint 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: lisa.martin@ci.stpaul.mn.us or eall me at 651-266-8988 between 6:30 - 8:30 am. Please help make Saint Paul a safer place in which to live and work. Sincerely, Lisa Martin Fire Inspector Re£ # 101490 cc: Housing Resource Center Force Unit 10-462 Date: March 09, 2010 File #: 07 - 2241�2 Folder Name: 906 CHARLES AVE PIN: 352923240071 � 1� y ��r� ��-� ) t i L v � � : A h ....p __.� ��. d . . ;� ,,: � � � , ��.u. , �� , ,, , ��; � �u. � , � � � .� R�t � �� IZ � V �{' 1 ' 'i �1 [� i � � YA �'1 � �� ..- �._-r l I...t. � : Y.. y ��...-i. b "'i f ' . f� � � i � � �1 :�., 10-462 Date: March 09, 2010 File #: 07 - 224152 Folder Name: 90b CHARLES AVE PTN: 352923240071 � 5 �r�nr �,-�.�.� l.L�" 10-462 I � �'� I �' � �� . �� , j e l 5l �� 6� � �� , �� A �� Date: March 09, 2010 File #: 07 - 224152 Folder Name: 906 CHARLES AVE PIN: 352923240071 10-462 ��(( /5 Y 11 �rv�� ,�p�', P'` � yi ��r" � �6�e�� '" � 5 Date: March 09, 2010 File #: 07 - 224152 Folder Name: 906 CHARLES AVE PIN: 352923240071 � t ', v, s �. >�� ' + . �s ; i � � �% , � � �X � ! � 4 f � � �� ;� � f" � p e�. t �� i t , � am_� � � �. : v ��• `�, 4 ` ' R'(:'.. �. k � i � ":� P� Y � � � . r .... . 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Ron Staeheli, appellant, appeared. He said he had inspected the property prior to the hearing and it appeared that the tenants had just moved out. He also believed that the tenanYs had called in the complaint as they were "gunning" for him and had lived there for the past three months without paying any rent. He had filed an unlawfixl detainer against the tenants on March 2 which was the same day the complaint was made. Ms. Moermond stated that whatever decision was made at the hearing would be the decision until the matter was heard before the City Council which will be scheduled for Apri121. She reviewed the photos with Inspector Shaff and Mr. Staeheli. Ms. Shaff stated that a complaint was received on March 2 that the sewer (toilet) back up - feces, holes in ceiling leak thru to dining area, mold issues, no smoke detectors, no railings. Inspector Martin went out to the property and was unable to gain access; however, was able to do a full inspection of the properiy on March 9. Ms. 5haff addressed each item on the deficiency list as appealed by Mr. Staehli. Mr. Staeheli referenced Morris v. Sax (or Sax v. Morris) as an argument throughout his entire appeal. He said the St. Paul Legislative Code in its entirety was unenforceable and overturned by statute in the Supreme Court decision. According to the Mayor's legislative agenda, they are requesting that the state change the law so that the legislative code would not be overturned until the statutes were changed. He suggested that they all go across the hall (to the Mayor's Office) to look at the document. He said this was not just his interpretation it was also the Mayor's interpretation of what happens under Morris v. Sax. Ms. Moermond clarified that the Mayor's Office did not have a`9ega1 mind" in this and that under the City Charter, the only legal opinion shall be provided by the City Attorney's Office. Mr. Staeheli went on to say that the Supreme Court was very specific that if any order citing anything that has to do with a system, structure or component of a property cannot differ from the building code. There was no maintenance portion to the building code; therefore, anything requiring maintenance was in violation of Morris v. Sas. Regarding item #2 — the wood cited was cedar and did not have to be painted; this included the entire exterior of the house. Regazding item #3 — there weren't any photos of the foundation to prove that it was chipped, or otherwise failing. Regarding item #4 — there was no requirement that the porch be enclosed and he was considering removing the door and windows on the porch. Regarding item #12 — there were no photos of the 10-462 Mazch 30, 2010 Legislative Hearing Page 2 garage and he wanted to know what the problems were that the inspector found. Regarding item #13 — he didn't see any photo of a toilet that was plugged and when he was there that morning, the upstairs toilet did flush. He did learn that one of the toilets required a bucket of water be poured into it in order to get it to flush. Conceming all of the plumbing, there were no complaints about the bathtub, the kitchen sink worked fine, and he had forgotten to check beneath the bathroom sink to see if the hot water valve to the sink had been turned off. He understood that everything needed to be repaired before he could rent out the property again and assured that everything would be repaired. Regazding item #14 — he didn't know what was wrong with the water heater as it wasn't specifically addressed in the orders. Regazding item #16 — he didn't believe there was a dryer and only a vent was left hanging. He said if a tenant were to install a dryer, it would be the responsibility of the tenant to pull a permit if one were required. Regazding item # 17 — the side door had been out of service for a number of years. This was a side door that went under the stairs and had been caulked and screwed shut. Regazding item # 18 — the requirement for a carbon monoxide detector he believed the statute quoted was incorrect and that it was F.51. This statute did not apply to single-family homeowners and was not required to even supply a detector which would be the responsibility of the occupant. It was his understanding that multi-family dwellings must supply and install detectors for each unit. Ms. Shaff stated that according State Fire Marshal's website regarding carbon monoxide alarms, 299.F50, indicates that alanns must be installed in new construction by January 1, 2007; by August 1, 2008 for all existing single-family dwelling units; and by August 1, 2009 for all multi-family dwelling units. The alarms must be installed within 10 feet of all sleeping rooms. Mr. Staeheli conceded that this was true; however, it only makes the requirement specific to the occupants of the property and not to the property owner. Ms. Shaff stated that she did not find anything in the Fire Code that indicated it was the occupants' responsibility to provide a carbon monoxide alarm. She asked Mr. Staeheli where he found the reference that it was not the property owner's responsibility to provide the alarm because what she was reading, it indicated every dwelling must have alarms outside of sleeping rooms. Mr. Staeheli countered that everyone should have a nutritious breakfast; however, he did not have to supply it. Ms. Moermond responded that the orders were addressed to him as the property owner and not to the occupant of the property. She asked Mr. Staeheli how he communicated with his tenants regarding orders which were tenant caused. Mr. Staeheli responded that he normally would go into the property and take care of it. He argued that since the law requires the existence of carbon monoxide alarms, it would be the occupant of the property who would be violating the law if they did not have one; not the landlords. Regarding item #19 — it was his information that the inspector had installed smoke detectors when she was there and he did see them present. Regarding item #20 — maintaining a minimum of 68 degrees, he was unsure what this meant. He did not find any freeze damage to the interior of the building and believed the heat was working properly. Regarding item #21 and #22 — he cited Sax v. Morris concerning the cracks in the ceiling, flooring, carpet, and tiles. Regarding item #23 — repair the walls and remove mold/mildew, this had already been treated with bleach and argued that there wasn't any mold/mildew that was visible other then stains. He also didn't believe there were any plumbing issues, other than a chase under the kitchen sink, which would have caused mold/mildew stains. Ms. Shaff addressed item #24 — the occupancy is condemned as unfit for human habitation; occupancy must not be used until re-inspected and approved; the basis for the condemnation was there were no smoke or cazbon monoxide detectors, the toilets were not working properly; and there 10-462 Mazch 30, 2010 Legislative Hearing Page 3 was mold/mildew like substance growing on the ceilings and walls from water damage. Mr. Staeheli re-iterated his responses to those items which had already been addressed in his appeal. He didn't believe the orders made any sense to result in a condemnation. He again said that now that he had access to the building, he would make all of the repairs before a re-inspection and re- occupancy of the property. Regazding items #30, 32 and 33 concerning guazdrails — he again cited Morris v. Sax and said that this should be grandfathered to allow for when the property was built. Regazding item #31 hiring an exterminator — there was no evidence of any rodents and believed this was an excessive requirement to have to hire a licensed exterminator. He believed some of the items in the cited in the deficiency list were vague and should not have been called out. Ms. Moerxnond stated that she would put her decision in writing to Mr. Staeheli. Letter dated March 31, 2010 from Ms. Moermond to Mr. Staeheli is attached and made a part of this record. An extension was granted to May 15, 2010 to bring the property into compliance provided the property remains unoccupied. 10-462 ti cixz ° p R� 9 j �> �� , `o �; 2 s �e*a�€[un n qi€ 43 �oc .m '`C , March 31, 2010 Ronald Staeheli 4300 Blackhawk Road Eagan MN 55122 VIA EMAIL: AmerCentralInsp(c�aol.com Ronald Staeheli 353 Meadow Green Drive Davenport FL 33837 Re: Notice of Condemnation and Order to Vacate 906 Charles Avenue Dear Mr. Staeheli: I have reviewed your appeal and information submitted at the Legislative Hearing on Mazch 30, 2010 relative to the Correction Orders, Condemnation and Order to Vacate dated March 9, 2010. What follows is my recommendation to the City Council. Should you wish to seek a different outcome on your appeal, a public hearing on this matter will be scheduled for Wednesday April 21 2010 at 5:30 p.m. in Council Chambers, 300 City Hall. Exterior - SPLC 34.08 (1), 34.31 (1) - All exterior property areas shall be mainfained free from any accumulation of refuse, gazbage or feces. Deny. Remove pallets from yard, as well as any other materials which are improperly stored in the property's exterior areas. Exterior - SPLC 34.09 (1) b,c, 34.32 (1) b,c - Provide and maintain all exterior walls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.-Scrape and paint peeling areas on house and garage. Deny. Mr. Staeheli argues that the wood siding and trim of the house and garage are cedar and therefore, they are resistant to moisture. However, these surfaces have been painted, and the paint is peeling. Mr. Staeheli should either strip the paint from the cedar surface, or ensure that it is painted properly in order that the building is maintained in a professional state of repair. It should also be noted that the condition of the wooden stoop belies its construction from cedaz, as there are at least 2 clearly deterioratinghotting boards. CITY OF SAINT PAtJL OFFICE OF THE CITY COUNCIL 310 CITY HALL 15 WEST KELLOGG BOULEVARD SAINT PAiJL, MN 55 ] 02-1615 E;vLAIL. leeislativehearinss stoaui mn us PHONE: (651)266-8560 FAX: (651)266-8574 � M Affvmatrve Action Equal Opportumty Employer 10-462 Mr. Ronald Staeheli March 31, 2010 Page -2- 3. Exterior - SPLC 34.09 (1) a, 34.32 (1) a- Provide and maintain foundation elements to adequately support this building at all points. Grant. There is insufficient information in the order on which to base any needed remedial actions. 4. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good condition.-Repair or replace all exterior doors as they aze damaged. Grant conditionally. It is clear from photographs that the outside porch door is in a state of disrepair. The options listed in the orders indicate that the door should be repaired or replaced. Mr. Staeheli correctly noted that the door is not a required element; therefore, its removal would also bring it into compliance. Other doors which may be problematic are not specifically described, nor were photos made a part of this record. 5. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door latch. Grant. There is insufFicient information in the orders as to which door is broken. If it is the door discussed in the previous item, then the door's removal would also address the situation. 6. Exteriar - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window frame. Deny. Although the order does not spec3fy which window(s) or the nature of the window frame problems, the photographs are quite clear as to the problems. 7. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window glass. Deny. Although the order does not specify which window(s) ar the natwe of the window glass problems, the photographs are quite clear as to the problems. 8. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash. Deny. Although the order does not specify which window(s) or the nature of the window sash problems, the photographs aze quite clear as to the problems. 9. Exterior - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screen. Deny. Although the order does not specify which window(s) or the nature of the window frame problems, the photographs aze quite clear as to the problems. 10. Exterior - Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. Grant. The appeal pertained specifically to the private sidewalk, as well as the public one in the right-of- way. Although an accumulation was also seen on the private walkway of this property, this is not a code violation. 10-462 Mr. Ronald Staeheli Mazch 31, 2010 Page -3- 11. Exterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways and stairs. Deny. The photographs showed a distinct deterioration on stairs which create a trip hazard. 12. Exterior - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements.-Repair or remove the deteriorated garage and fence. Deny with respect to the fence. Photographs showed a broken fence. Grant with respect to the garage. The inspector's supervisor testified as to tl�e condition of the garage. However, more specificity would be useful in orders pertaining to the garage, such as "replace deteriorated boards, re-roof, paint, etc." It is clear that the garage should be maintained properly, and the department may wish to clarify orders should the condition persist. 13. Interior - SPLC 3411, SBC 2902.1, SPLC 3417, MPC 4715.0200.0 - Provide an approved number and type of plumbing fixtures.-Hire a licensed contractor to repair all leaking and plugged plumbing throughout the home. Both toilets and all sinks need repair ar replacement. Deny. There was disagreement as to whether the toilets were plugged, based on the photographs, which did not cleariy show a plug or freely flowing water. This leads to a greater reliance on the testimony of the inspectox and the landlord. There was also mention by Mr. Staeheli that one of the toilets required that a bucket of water needed to be used to get a good flush. This is not acceptable. An additional photograph showed a hot water faueet in the "on" position and no water flowing. Mold, mildew and some water damage was visible indicating there may be an ongoing leaking problem. Given this information, an independent confirmation by a licensed plumber is in order to confirm that problems have been addressed. 14. Interior - SPLC 34.11 (5), 34.34 (2) - Contact a licensed contractar to repair or replace the water heater. This work may require a permit(s). Call DSI at (651) 266-9090. Grant. It is not clear in the orders what led to the inspector's determination that the water heater was not functioning properly, when there was written communication that which was ambiguous on this point. More specificity would be useful, such as there is no hot water in any of the faucets, etc. 15. Interior - SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Mazshal's Existing Fuel Burning Equipment Safety Test Report to this office. Deny. 16. Interior - LTMC 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 interiar finish. The exhaust duct shall be a minimum nominal size of four inches (102 mm) in diameter. This work may require a permit(s). Call DSI at (651) 266-8989. 10-462 NIr. Ronald Staeheli Mazch 31, 2010 Page -4- Grant, condirionally. If there is no dryer, as Mr. Staeheli indicated, the condition of the venting is superfluous. However, if there is a dryer, the venting must be properly installed. Tt makes sense that removal of the venting may be in order, so that prospective tenants do not install a dryer with the misapprehension that the venting present would support such a use. 17. Interior - MSFC 10033.1.8 - Remove unapproved locks from the exit doors. The door must be openable from the inside without the use of keys or special knowledge or effort.-Remove the screws from the side exit door. Grant, conditionally. If the door beazs signage on either side indicating that it is exempt and cannot be used for ingress or egress, the appeal is granted. 18. Interior - MN State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alarm in a location within ten (1Q) feet of each sleeping azea. Installation shall be in accordance with manufacturers instructions. Deny. Mr. Staeheli argued that the responsibility that the alann be present does not clearly fall on either the landlord or tenant under Minnesota law. Notably, the requirement that it be present is clear. How this is accomplished is a private matter between the tenant and landlord. 19. Interior - MN Stat. 299F.362 - Immediately provide and maintain a smoke detector located outside each sleeping area. Deny, but likely a moot issue. 20. Interior - SPLC 34.11 (6) - Provide and maintain a minimum of 68 degrees F in all habitable rooms at all times. Crrant. It is not clear in the orders what led to the inspector's determination that there was insufficient heat in all rooms. More specificity would be useful, such as there is the upstairs northwest bedroom is significantly colder than the rest of the house and the thermostat reads 68 degrees for those spaces. 21. Interior - SPLC 3410 (7), 3433 (6) - Repair and maintain the ceiling in an approved manner.- Patch and paint the holes and/or cracks in the ceilings caused by water damage. Deny. 22. Interior - SPLC 34.10 (7}, 34.33 (6) - Repair and maintain the floor in an approved manner.- Repair or replace the carpeting that is tom and repair or replace the kitchen and bathroom floor tiles that are torn. The sub-floor in the dining room needs to be repaired under the carpet which was damaged by a plumbing leak. Deny 10-462 Mr. Ronald Staeheli March 31, 2010 Page -5- 23. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the walls in an approved manner.-Patch and paint the holes and/or cracks in the walls throughout and remove mold/mildew like substance. Deny. 24. Interior - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office.-This home is condemned based on no smoke or carbon monoxide detectors, the toilets are not working properly and there is a mold/mildew like substance growing on the ceilings and walls from water damage. Deny. 25. Interior - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. Deny, but likely moot. 26. Interior - MSFC 605.4 - Discontinue use of all multi-plug adapters. Deny, but likely moot. 27. Interior - SPLC 3414 (2) c- Provide or replace the duplex convenience outlet with ground fault protection within 3 feet of the basin on an adjacent wall in a11 batl�rooms. This work may require a permit(s). Call ASI at (651) 266-9090.-Replace the painted GFCI outlet in the bathroom. Deny. All electrical outlets should be in working order. The outlet (already present in the bathroom) is not. 28. Interiar - MSFC 605.1 - Remove unapproved exposed wiring and install in accardance with the electrical code. This work may require a permit(s). Call DSI at (651) 266-9Q90. Deny. 29. Interior - MSFC 605.1 - Repair or replace damaged electrical appliance wiring. This work may require a permit(s). Call DSI at (651) 266-9090.-Repair all outlets that are not working. Hire a licensed electrician to make repairs. Deny. 30. Interior - 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 handrails to the basement and second floor. Deny. No special accommodation was requested based on the physical surrounds of the staircases. A superficial review of the photographs did not make apparent why it would not be possible to provide handrails. 16-462 Mr. Ronald Staeheli March 31, 2010 Page -6- 31. Interior - SPLC 34.10 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide documentation of extermination.-Hire a licensed exterminator to eliminate mice and other pests. Grant. There is no specific information on the type of insects, rodents or other pests present or suspected to be present. 32. Interior-Basement - SPLC 34.10 (3), 3433(2) - Repair or replace the unsafe stairway in an approved manner. Deny. While the language is not particularly specific, a photo�aph does indicate a problematic azea where there is significant damage to a stair step and carpeting which creates a trip hazazd. This should be addressed. 33. Interiar-Basement - SPLC 34.10 (3) 34.33(2) - Provide an approved guazdrail. Intermediate ballustrade must not be mare than 4 inches apart. Intenmediate rails must be provided if the height of the platform is more than 30 inches. Deny. No special accommodation was requested based on the physical surrounds of the staircase. A superficial review of the photographs did not make apparent why it would not be possible to provide a n ard rail. 34. SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractar which must include a carbon monoxide test. Submit a completed copy of the Saint Pau1 Fire M�shal's Existing Fuel Burning Equipment Safety Test Report to this office. Deny. 35. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. Deny. Sincerely, �� Marcia Moermond Legislarive Hearing Officer c: Fire Supervisors 10-462 4 GI 4 OP @ � ,� �o � �z > : ;,��a�u� ., � � w �ifi iid o 6 •, m �c �`�'�, � az• Apri12, 2010 Ronald Staeheli 4300 Blackhawk Road Eagan MN 55122 VIA EMAIL: AmerCentralIns��n aot_com Ronald Staeheli 353 Meadow Green Drive Davenport FL 33837 Re: Notice of Condemnation and Order to V acate 906 Chazles Avenue Deu Mr. Staeheli: This is to confirm your conversation with Ms. Moermond regarding the absence of a deadline in her letter of March 31, 2010 on the timeline for completion of the repairs to the above property. Per your agreement, you will have the repairs completed by May 15, 2010 based on the condition the property remain unoccupied. Sincerely, "�� . Vicki Sheffer, cretary Legislative Hearing Officer c: Fire Supervisors CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL 310 CITY HALL li WEST KELLOGG BOULEVARD SAII�'T PAUL, M1v 55102-161 � EMAIL: leeislativehearinesna ci st�aul mn us PHON (651)266-8560 FAX: (651)26b-ffi74 � An Affirtnative Action Equal Opportumty Employer Council File # ��' �'(O Green Sheet # 3107958 C�7 � Presented by < LUTION NNESOTA : 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 Apri121, 2010 hereby memorializes its decision to 3 cer[ify and approve the March 30, 2010 decision of the Legislative Heazing Officer for the following 4 address: 5 6 ADDRESS � APELLANT 7 8 906 Chazles Avenue Ron Staeheli 9 10 Decision: Deny the appeal and extension granted to May 15, 2010 to come into compliance. Yeas Harris � ✓ � Adopted by Council: Pate ��//U Adoption Certified by Council Secretary BY� .'L Approve May r: te 5� / � lZ� By: Requested by Department of: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: 10- � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �Vz � DepartmenUOfficelCouncil: Date InRiated: �o-�°°^�� 23APR2010 Green Sheet NO: 3107958 Conpct Person & Phone: DePartment Sent To Person InitiaVDate Marcia Moertnond o oon�u 0 6-8570 1 onncil De artmentDirec[or Assign Z �ry Clerk Ci Clerk Must Be on Council Agenda by (Date): Number 3 0 For 4 0 Routing Doc.Type:RESOLUTION Order 5 0 E•Document Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Ciip All �ocations for Signature) Action Requested: Resolution memorializing City Council action taken April 21, 2010 denying the appeal and extension gran[ed for property at 906 Chules Avenue. Recommenda6ons: Approve (A) or Reject (R): Personal Service ContraMs Must Answer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person7firm possess a skill not normally possessed by any current ciiy employee? Yes No Expiain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges If Approved: Disadvantages If Not Approved: Total Amount of Transactio�: CosVRevenue Budgetetl: Funding Source: Activity Number: Financial Information: (Explain) April 23, 2010 10:52 AM Page 1 .`` ' � mnnm� � 0 m� �I �� March 22, 2010 Ron Staeheli 353 Meadow Green Drive Davenport, FL 33837 RE: 906 Charles Ave Dear Mr. Staeheli: CITY OF SAINT PAUL CITY CLERK'S OFFICE 10-462 Your application for an appeal has been received and processed. � ✓� t�.c:, � {��s.�r�h 3c- Please atte ' the public hearing before the Legislative Hearing Officer on Tuesday, kp�rii-6; 2010 at .�� .m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officerwill hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sin�erely, _ Shari Moore City Clerk cc: l� �� Fire Supervisors Marcia Moermond, Legislative Nearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVARB, SUITE 310 SAINT PALR, MINNESOTA55102 Tei: 651-266-8685 Fax: 651-266-8574 wwcx.stpaui.gov An Affirmatrve Act�on Equal Opportumry Eroployer 10-462 APPLICATION FOR APPEAL Saint Paul City C12rk 1� W. Kellogg Blvd., 310 City Hall Saint Paul, Minne,ota 55102 Telephone:(6�1)266-8648 1. Addrz;, of Property bzing Appealed: 906 Chartes Ave 2. l�umber of Dwellin� Units: 1 3. Date of Letter Appealed: 03-09-2010 4. Name of Owner: Ronald Staeheli Address: 353 Meadow Creen Drive Citv: Davenport_ State: FL __Zip:_33837 _ Phone Number: Business 612-865-2004 Residence Cellular C�� // '�'L- � : r Signature: 5. Appellant / Applicant (if other than owner): Address: ___ City: Phone Numbers: Business Residence Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary): Please see attached cover letter, appeal, original deficiency list, copies of emails to and from inspector. A�25.00 check was mailed on March 16, 2010 from the Laughman FL Post office to cover the fee for this appeal. NOTE: A$25.00 filing fee made payable to the City of Samt Paul must accompany this appiicaflon as a necessary condition for filmg. You must attach a copy of the origmal orders and any other correspondence relahve to this appeal. Any person unsat�sfied by the final decision of the City Councit may obtamjudicial review by timety filing of an ac[ion as provided by law �n D�strict Court. For Office Use Only Date Received: Fee Received: Receipt Number: Date of Heazing: im"�.�d a.ai zoo� 10-462 -----Original Message----- From amerceniralinsp@aoLcom To isdrevenge@aol.com Sent: Fri, Mar 19, 20�0 1:02 pm Subject Fwd Appeal of orders for 906 Charles Ave ----Ongmal Message----- From Ame rCentrali n sp(�aol com To shan_moore ci s�auLmn us Sent: Fri, Mar 19, 2010 8 22 am Subject Appeal of orders for 906 Charles Ave Ms. Moore, Hopefully you are in receipt of the check I send Tuesday. We discussed the need to send the check separately from the appeal due to the fact that the appeal was technical and needed some time to perfect. Please find the appeal attached as a pdf file and a word file. Please reply to this email so I know you got the appeal and were able to download the attach m e nt. I mention that I may �ot be available to attend because I am taking care offamily out of state however I may be able to be in town on Tuesday March 30, 2010 in the afternoon if that works for the schedule. Thank you and hope you are well. Ron Staeheli 612-865-2004 10-462 March 19. 2010 Marcia Moermond Le�islative Heazin� Officer St. Paul City Hall St. Paul, Mi� 55132 Ms Moermond, Following is an appeal as it regards a property I own at 906 Charles Ave in St. Paul. You and I know one another and you know d�at I am a student of the various codes azid the law. As you will see I am appealing the entire list of "deficiencies" listed by Lisa Maztin based on several factors, all of which are valid under the law. Morris v Sax is very clear that under Minnesota Statues no municipality may enforce any code that is different than the building code. All of SPLC is different than the building code and is invalid and unenfarceable. For reasons that are not clear to me it is important to me that you understand that I have no interest in leaving this property in this state of repair. I have bad tenants who are being asked to leave. When the tenants leave the property wIll be addressed however that does not change the simple fact that the rules are different now. The city can not longer legally require any repairs to building structures or components using any law except the state building code.. As I mention in the appeal I ma�� not be able to attend the hearing and waive my right to przsent any additional evidence except for the appeal as written as long as each item of repair is addressed separately at the hearing on the record or you accept a written report from staff only that I can be copied and you make your recommendations based on both my appeal and staffs report. In the alternative I can attend by telephone if that more convenient. Thank you and plzase ca11612-865-2004 if you have any questions. Sincerely and respectfully, c�,�,��.��:> Ron Staeheli Mazch I5, 2010 10-462 Emails/ Lisa Martin and Ron Staeheli Lisa Martin, I am writine you in order to document further our phone calls and ask somz que>tion>. You called 6� 1-319-7006 of your ow=n volition on Macch I i, 20 S 0 to inform us that you had gone to thz property at 906 Chazles in order to evict anyone in rzsidence due to thz fact that you determined the property to be unfit ior human habitation. You informed us that you provided a smoke dztector for the people in residence and then left without evictin� anyone from the residence. . It is perfectly reasonable that we would deduce from that exchan�e that the property was no longer condemned. If the property is condemned please use your police powers to evict anyone in residence. 4Ve have no authority under the law to do so without your cooperation. If we can work together to evict any resideuce please let me know how I can help. I do not understand why you would go to the property to evict the residence and leave without evleting anyone aftec a smoke detector was installed Does that not contradict your determination that the property is "unfit for human habitation°? Plea,e let me know how I can help to evict these tenants so that I can get into the property and get repairs done.. Ron Staeheli. Mr. Staeheli, i received your e-mails and do not find the need to manage your property or your assumptions. The home is condemned, you are responsible to resolve the issues regarding your tenants and your property. Respectfully, Lisa Martin »> <AmerCentrallnsp@aol.com> 3/11/2010 11:17 PM »> Lisa, Today you called us and discus>ed that you went to 906 Chatles Ave and told the occupants that they had to vacate due to your order. They refused to vacate or install the smoke detector they removed. You went to thz fire department and got a,moke detector. You returned to the building and gave a smoke detecYor to the occupants' and had them 10-462 sien an a�eement to in�tall th2 detector and maintain it. You did not further in;ist they vacate. My question to you, is the property still condemned? If lt is what other work would have to be donz to lift the condemnation? I am also wondering if you were able to get in to fmd out if they uszd a plung2r to clear the upstairs toilet? Thank you for the update and pl2ase r2p1y Yo this and my prior email so I am sure y�u received them. Ron Staeheli Thank you for your time on the phone this morning of March 10, 2010. We discussed my property at 906 Chazles Ave in St. Paul and your determination that it is currently unfit for human habitation. You said that the reason for the condemnation and unfit status was that there were no smoke detectors on the 2 floor and no CO detectors outside the bedrooms. You mentioned that you did see the mounting hazdware for a CO detector and wiring for a smoke detector in place. We discussed a contention that the tenants removed those items in advance of the inspection. You also said that one of the two toilets in the house was clogged and that the other had a sluggish flush. You said that repairing those items would remove the condemnation. You also mentioned that the water heater was working and there was hot water provided to the unit You did not say restoring hot water to hand sink would be requued to restore habitable status. I informed you that I had maziy problem with the tenants including rzfusal to admit me and other repair people. As a re,ult of the threatening behavior of the tenants, their guests vid German Sheppazd fot personal safety of myself and my contractors I informed you that I could not attempt a repair of the issues while the current tenants were in residence. At 9:00 this morning we contacted the tenants by voice mail and asked they contact us. You mentioned that after the current tenants are vacated that I should inform you and discuss a time table of more than 30 day, of time to effect repairs ofthe property in advance of new tenants. Please respond to this email only so I can be sure you have received it and that our conversation did not include other important items not mentioned here. A�ain thanlc you and again I look forward to working with you on these propzrty issues Ron Staeheli +vvi��rvvv � z - b vi i � 10-462 Anpeal of housin� orders written March 9, 2010 for 906 Charles Ave. Followin� is my appeal to the cortection orders issued on Mazch 9 2010. As I am out of town I may not bz able to attend a heazing on this matter. I request that thz heazin� go on in my absence if I am unable to attend with my interests being served by this written appeal. As I read the appeal statute in chapter 18 my attendance at the appeal is not a requirement to have an ap�eal proczss. I would certainly be available for a telephone hearing, I am requesting the issues here be addressed on the record in the hearing as an appeal to the city council and courts may be required. I would have no objection to the appeal taking place with written documentation exclusively if that makes the process easier however I would like to be copied any material provided to the Legislative Hearing Officer by staff as evidence. Each item may have several defenses, each defense is independent of each other, to deuy a condition exists does not stipulate to the cities rights imder Minnesota Law to require repair if, in the opinion of the fact finder, the condition does merit repair. Exterior - SPLC 34.08 (1), 3431 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, garbage or feces. This item is improperl�� vague and does not list a deficiency. It simply quotes a rule but does nok list a correction, deficiency or condition requiring correction, we aiso deny a deficiency exists. 2. Exterior - SPLC 34.09 (1) b,c, 3432 (1) b,c - Provide and maintain a11 exterior walls free from holes a�d deterioration. All wood exterior unprotected surface> must be painted or protected from the elements and maintained an a professional manner free from chipped or peeling paint.-Scrape and paint peeling areas on house and gara�e. This item is not allowed under Morris v Sax and Mina. StaG § 16E.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34.09 (1) b c 34.32 (1) b, c. Thetefore it is different than the building code and is not allowed under Minn. Stat 165.62. Not withstandin� Morris v Sax and si l�i lu V,S: 13YP9 �ui —� 1bO1LO00:J(Y Ys O/1l 10-462 Minn. Stat § 16B.62, subd. 1(2006), peeling paint is not a violation of SPLC 34 S the surface is capable of repelling moisture. The propertv has cedar esterior and therefore is naturall�� resistive ko weathering and requires no mvering. Exterior - SPLC 34.09 (1) a, 3432 ( I) a- Provide and maintain fouadation elzments to adequately >upport this building at all points. This item is improperlV cague and does not List a deficiency. It simply quotes a rule but does not list a correction deficiency or condition requiring correction. It is also not allowed under Morris v Sax and Minn. Stat. § 16B.62, subd. 1(2006), in that there is nothing in the Minnesota Building code that addresses maintenance of foundations therefore it is different than the building code and is not allowed under Minnesota law. Further since it does not list a particular problem with the foundation we deny any deficiency e3IStS. 4. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door in good condition.-Repair or replace all exterior doors as they are damaged. This item is not allowed under Morris v Sax and Minn. Stat. § 16B.62, subd. 1(200b),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not x�llowed under Minnesota law. It is also improperly vague in that it does not menfion what kind of damage or what repairs mia be required. As the type of damage is not listed we deny that the esterior doors are damaged or in need of repair. Exterior - SPLC 34.09 (3 ), 3432 (3 )- Repair and maintain the door latch. This item is not allowed under Mortis v Sax and Minn. Stat. § 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore iE is different than the building code and is not allowed under Minnesota law. It is also improperly vague in that it does not mention a door or the type of door latch that the inspector feels is improper. We den�� that any latch on any exterior door is in need of repair. 6. Exteriot - SPLC 34.09 (3), 3433 (3) - Repair and maintain the wiudow frame. This item is not allowed under Morris c Saa and Minn. StaG § 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota law. It is also improperly vague in that it does not menUon a window or the type of window frame de£tciency. We deny that any window frame is in need of repair_ Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window glass. 1J/ 1V VJ, yJYl•1 VL1 -/ 1VJILVVVJI2 i 1/1� 10-462 This item is not allowed under Morris v Sai and Minn. StaL � 16B.62, subd. 1(2006),. There is nothing in the .Nlinnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under iVlinnesota law. It is also improperl� vague in that it does not mention a window or the type of window frame deficienc��. There is no requirement that the enclosed porch hace windows or be enclosed. S. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash. This item is not allowed under Morris v Sax and Minn. Stat § 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is difTerent than the building code and is not allowed under Minnesota law. It is also improperly vague in that it does not mention a window or the tppe of window sash deFciency. There is no requirement that the enclosed porch have windows or be enctosed. 9. Exterior - SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window screen. This item is not allowed under Morris v Sas and Minn. Stat. § 16B.62, subd. 1(200G),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it ie different than the building code and is not allowed under Minnesota law. Lt is also improperly vague in that it does not mention a window or the type of window sash deficiencp. There is no requirement that the enclosed porch have windows or be enclosed. Not withstanding that no screens are required b�� the building code in force when the property was constructed we deny that any required screens are in disrepair. 10. Exterior - Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. There is no requirement that private sidewalks be snow or ice free, this item is factuallv incorrect and unenforceable. 11. Exterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewallcs, walkways and stairs. This item is improperly vague and does not list a deficiency. It simply quotes a rule but does not fist a correction, deficiency or condition requiring correction. This item is not allowed under Morris v Sax and Minn. Stat. � 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota law. 12. Exterior - SPLC 34.OA (5), 3431 (3) -Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holzs and deterioration. Provide and mainfain exterior unprotected surfaces painted or protected fmm the elemznts.-Repair or remove the deteriorated garage and fencz. 10/ 1V VJ. 1JYt9 l.Ll - J 1UJIGVVUJ/Y Ys U/ll 10-462 This item is improperly vague and does not list a deficiencv. It simpl}� quotes a rule but does not List a correcrion or condition requiring correction. There is no requirement for fence maintenance or gazage maintenance in the vIinnesota Building Code, that would make anp locai requirement in excess of the Building code and would therefore be illegal. Further we deny the garage or fence is deteriorated 13. Interior- SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 471�.0200.0 - Ptovide an approved number and type of plumbing fixtures.-Hire a licensed contractor to repau all leaking and plu�ged plumbing throughout the home. Both toilets aud all sinks need repair or replacement. This item is improperly cague and does not list a condition or deficiency that would require replacement or repair. It does not list any fixture that is leaking or list the deficiency of any £xture, We deny that the sinks or toilets require repair or replacement, on toilet may need plunging. 14. Interior - SPLC 34.11 (5), 3434 (2) - Contact a licensed contractor to xepair or teplace the water heater. This work may require a permit(s). Call DSI at (651) 266-9090. This item is improperly vague and does not list a deficiency. It does not List a condition requiring correction. The inspector informed me there was hot water to the dwelling. As a xesult we deny that there is any de£iciencv in the water heater. 15. Interior - SFLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test Submit a completed copy ofthe Saint Paul Fire Marshal's Existing Fuel Surning Equipment Safety Test Report to this office. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota Law. There in no deficiency listed with the boiler to be serviced or any reason listed to require a carbon monoxide 16. Interior - UMC 504.6 - Provide, repair or replace the dryer e�aust duct. Exhaust ducts for domestic clothes dryers shall be constructed of inetal and shall have a smooth interior fmish. The erliaust duct shall be a minimum nominal size of four inches (102 mm) in diameter. This work may require a permit(s). Call DSI at (651) 266-8959. liMC 504.6 only lists the proper way to install a dryer venting system under permiE. As there is no permit the city has no authority tQ enforce the UL14C 504.06. The UMC does not list the proper way to maintain the drper venting. 10-462 17. Interior - MSFC 1003.3.1.8 - Remove unapproved locks from thz e;cit door. The door must be openable from the inside without the use of keys or special knowledge or effort.-Removz the screw; from thz side exit door. The side door is the third exit from the properry. Without the door proper egress is supplied by 5 exit windows and two full sized doors to the exterior. There is not rule to keep a properta owner from seating a doar to provide energg sacings. 18. Interior - MiQ State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alazm in a location within ten (10) feet of each sleeping area. Installation shall be in accordance with manufaciurers instructions. MN stat. 299F.50 does not require the single family property owner to maintain or install CO detecrors, MN Stat 299F.50 simply list deFnitions. MN Stat 299F.51 list requirements but does not require propertv owners of single family properties to maintain or supply CO detectors. The requirement is speciFc to dwelling occupants and is improper to require the property owner to supply or maintain the detector. The law actually never requires the owner of a singte family property to install a detector as the property owner requirement of the Law is specific to mulk family units esclusivelv. 19. Interior - MN Stat 299F362 - Tmmediately provide and maintain a smoke detector located outside each sleeping azea_ The inspector informed me that this item was taken care of bv her. 20. Interior - SPLC 34.11 (6) - Provide and maintain a minimum of 6�i degrees F in all habitable rooms at all times. This item is improperly vague and does not list a deficienc��. It simply quotes a rule but does not list a correction, deficiency or condition requiring correction. The liMC does not contain any language about a temperature requirement and does not have a mainteuance standard that has to be maintained. 21. Interior- SPLC 34.10 (7), 34.33 (6) - Repair and maintain the eeiling in an approved manner.-Patch and paint the holes and/or cracks in the ceilings caused by water damage_ There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota law. The plumbing and building code allows access holes for plumbing and there is nothing in the building code that de�als with appearance of the access hole covering or requires that they be covered. �....�......�.,.. � . o _... �,. 10-462 22. Interior - SPLC 34.10 (7), 34.33 (6) - Repai.r and maintain the floor in an approved manner.-Repair or replace the carpetin� that is torn and repair or replace the kitchen and bathroom floor tiles that are tom. The sub-floor in the dinin� room needs to be repaired under the caq�et which was damaQed by a plumbina leak. There is nothing in the Minnesota Building Code that altows SPLC 34 therefore it is different than the building code and is not allowed under 1Vlinnesota law. 23. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the walls in an approved manner.-Patch and paint the holes and/or cracks in the walls throughout and remove mold/mildew like substance. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different thpn the building wde and is not allowed under Minnesota law. 24. Interior - SPLC 34.23, MSFC I 10.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office.-This home is condemned based on no smoke or carbon monoxide detectors, the toilets are not working properly and there is a mold/mildew like substance growing on the ceilings and walls from water damage. A condemnation for lack of CO detectors, smoke detectors and a clogged toilet in a property that contains two torlets one of which is tunctional is an abuse of the condemnation process. The inspector has acknowledged that one of the two toilets was working when she inspected the property. Having worked with the citp and having reviewed dozens of inspection reports clogged toilets and missing smoke detectors are common and necer result in condemnation. 25. Interior - MSFC 605.5 - IIiscontinue use of extension cords used in lieu of permanent wiring. This item is improperly vague and does not list a deficiencV. It simply quotes a rule but does not list a correction, deficiency or condition requiring wrrection. All extension cords are not prohibited by the Electrical eode. Only cords used in lieu of permanent wiring are prohibited. Holiday lighting, hair dryer, laptop computers, dozens of non-permanent alluwed uses of extension cord wirina couid be the use in question, because the inspector has not listed a condition that was in violation we denv the condition exisCed. 26. Interior - MSFC 605.4 - Discon6nue use of all multi-plug adapters. This item is improperly vague and does not list a deficiencV. It simpl�• quotes a rule but does not list a correction, deficienc�• or condition requiring .,, �., ,,... .,r .,., �� .� r� , , 10-462 correction. Because the inspector has not listed a condition that was in ciolation we denV the condifion esisted. 27. Interioi - SPLC 34.14 (2) c- Provide or replace the duplex convenience outlet with �eound fault protection within 3 fezt of the basin on an adjacent wall ln all bathrooms. This work may rzquire a permit(s). Call DSI at (651) 266-9090.- Replace the painted GFCI outlet in the bathroom. This is an esact example of the facts in Morris v Sax and Minn. Stak § 16B.62, subd. 1(2006), and has been directly dealt with b�� the Minnesota Supreme CourL The city ma�� nok require CFCI outlets in existing properties. 28. Interior- MSFC 605.1 - Remove unapproved exposed wiring and install in aceordance with the electrieal code. Tlus work may require a permit(s). Gall DSI at (651) 266-9090. This item is improperly vague and does not list a deficiency. It simply quotes a rufe but does not list a correction, deficiency or condition requiring correction. There is not maintenance requirement in the Electrical code. 29. Interior - MSFC 605.1 - Repair or replace damaged electrical appliance wiring. This work may require a permit(s). Call DSI at (651) 266-9090.-Repair all outlets that are not working. Hire a licensed electrician to make repairs. This item is improperly vague and does not list a deficiency. It simply quotes a rule but does not list a correction, deficiency or condition requiring wrrection. There is not a maintenance requirement in the Electrical code. Further there is not requirement that anp appliance be included in a property so any appliance that has frayed wiring could not be the responsibilitV of the property ownen If the tenants have a TV with frayed wiring the properry owner has no control over that 30. Interior- SPLC 34.10 (3), 3433(2) - Ftovide an apptoved handrail. The top of the handrail must be between 34 and 3A inches above the treads and run the entire lena h of the stau.-Provide handrails to the basement and second floor. Property was build before these items were required therefore no requirement can be placed on the property by local government Please see Morris v Sax and Minn. Stat. § 16B.62, subd. 1(2006),. 31 Interior - SPLC 34.10 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide documentation ofextermination.-Hire a licensed exterminator to eliminate mice and other pests. This item is improperly vague and does not list a deficiencp. It simply quotes a rule but does not list a correction, deficiency or condition requiring 10-462 wrrection. There is no evidence of rodents listed in the deficiency as having been discovered by the inspector, we deny the condition exists. 32. Interior-Basement - SPLC 34.10 (3}, 3433(2} - Repas or replace tha unsafe stairway in an approvzd manner. This item is impxoperly vague and does not list a deficiencv. It simpl� quotes a rule but does not list a correction, deficienc�� or condition requiring correction. There is no deficiency noted as to a safety issue with the stairs. as a result we denv the stairs are unsafe and that no de£ciencies exisL 33. Interior-Basement - SPLC 34.10 (3) 3433(2) - Provide an approved guardrail. Intermediate batlustrade must not be more than 4 inches apart. Intermediate ratts must be pro vided if the height of the platform is more than 30 inches. Property was build before these items were required thereFore no requirement can be placed on the propertv by local government Please see Morris v Sax and Minn. Stat. § 16B.62, subd. 1(2006),. 34. SPLC 3A.11 (6), 3434 (3) - Provide service oFheating facility by a licen�ed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Mazshal's Existing Fuel Burning Equipment Safety Test Report to this office. This item is improperlp vague and does not list a deficiencp. It simply quotes a rule but does not IisC a carrectiun, deTiciency or candition reqniring correction. 10-462 CITY OF SAINT PAUL Chnstopher B Coleman, .Nayor Mazch 9, 2010 RONALDSTAEHELI 4300 BLACKHAWK ROAD EAGAN MN 55122 DEPARTMENTOFSAFETY ANDINSPECTIONS F�re Inspect�on Drvision Bob Kess(er, Drrector 375 Jackson Street Suite LO Telephone bi1-266-8989 SarntPaul,Mmnesota»IO/-/806 Facsmde b.i1-266-89�1 We6 wr✓w sroaul eov/dsr NOTICE OF CONDEMNATION UNFIT FOR HUMAN HABITATION ORDER TO VACATE RE: 906 CHARLES AVE Dear Property Representative: Your building was inspected on March 9, 2010. The building was found to be unsafe, unfit for human habitation, a public nuisance, and a hazard to the public welfare or otherwise dangerous to human life. 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 re-insnection will be made on March 19 2010 at ll am or the aropertv vacated CONDEMNATION OF THE BUILDING REVOKES THE CERTIFICATE OF OCCUPANCY. Failure to complete the corrections may result in a criminal citation. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. DEFICIENCY LIST Exterior - SPLC 34.08 (1), 3431 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, garbage or feces. An Equal Opportunity Employer 10-462 Exterior - SPLC 34.09 (1) b,c, 34.32 (1) b,c - Provide and maintain all exterior walls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.-Scrape and paint peeling areas on house and �ara�e. 3. Exterior - SPLC 34.09 (1) a, 3432 (1) a- Provide and maintain foundation elements to adequately support this building at all points. 4. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good condition.- Repair or replace all exterior doors as they are damaged. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door latch. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window frame. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window glass. 8. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash. 9. Exterior - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screen. 10. Exterior - Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. 11. Exterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways and stairs. 12. Exterior - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unpmtected surfaces painted or protected from the elements.-Repair or remove the deteriorated garage and fence. 13. InYerior - SPLC 34.11, SBC 29021, SPLC 34.17, MPC 4715.0200.0 - Provide an approved number and type of plumbing fixtures.-Hire a licensed contractor to repair all leaking and plugged plumbing throughout the home. Both toilets and all sinks need repair or replacement. 14. Interior - SPLC 34.11 (5), 3434 (2) - Contact a licensed contractor to repair or replace the water heater. T'his work may require a permit(s). Call DSI at (651) 266-9090. 15. Interior - SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must inciude 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. 16. Interiar - UMC 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. This work may require a permit(s). Call DSI at (b51) 266-8989. 10-462 17. Interior - MSFC 1003.3.1.8 - Remove unapproved locks from the exit doors. The door must be openable from the inside without the use of keys or special knowledge or effort.- Remove the screws from the side exit door. 18. Interior - MN State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alarm in a location within ten (10) feet of each sleeping area. Installation shall bein accordance with manufacturersinstructions. 19. Interior - MN Stat. 299F.362 - Immediately provide and maintain a smoke detector located outside each sleeping area. 20. Interior - SPLC 3411 (6) - Provide and maintain a minimum of 68 degrees F in all habitable rooms at all times. 21. Interior - SPLC 3410 (7), 34.33 (6) - Repair and maintain the ceiling in an approved manner.-Patch and paint the holes and/or cracks in the ceilings caused by water damage. 22. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Repair or replace the carpeting that is torn and repair or replace the kitchen and bathroom floar tiles that are torn. The sub-floor in the dining room needs to be repaired under the carpet which was damaged by a plumbing leak. 23. Interior - SPLC 3410 (7), 34.33 (6) - Repair and maintain the wails in an approved manner.-Patch and paint the holes and/or cracks in the walls throughout and remove moldlmildew like substance. 24. Interior - SPLC 34.23, MSFC 1101 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used unYil re-inspected and approved by this office.-This home is condemned based on no smoke or carbon monoxide detectors, the toilets are not working properly and there is a mold/mildew like substance growing on the ceilings and walls from water damage. 25. Interior - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. 26. Interior - MSFC 605.4 - Discontinue use of all multi-plug adapters. 27. Interior - SPLC 34.14 (2) c- Provide or replace the duplex convenience outlet with ground fault protection within 3 feet of the basin on an adjacent wall in all bathrooms. This work may require a permit(s). Call DSI at (651) 266-9090.-Replace the painted GFCI outlet in the bathroom. 28. Interior - MSFC 6051 - Remove unapproved exposed wiring and install in accordance with the elecri-ical code. This work may require a permiY(s). Call DSI at (651) 266-9090. 29. Interior - MSFC 6051 - Repair or replace damaged electrical appliance �uiring. This work may require a permit(s). Call DSI at (651) 266-9090.-Repair all outlets that are not working. Hire a licensed electrician to make repairs. 10-462 30_ Interior - SPLC 34.10 (3), 3433(2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire lenb h of the stair.-Provide handrails to the basement and second floar. 31. Interior - SPLC 34.10 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide documentation of extermination.-Hire a licensed exterminator to eliminate mice and other pests. 32. Interior-Basement - SPLC 3410 (3), 34.33(2) - Repair or replace the unsafe stairway in an approved manner. 33. Interior-Basement - SPLC 34.10 (3) 3433(2) - Provide an approved guardrail. Intermediate ballustrade must not be more than 4 inches apart. InYermediate rails must be provided if the height of the platform is more than 30 inches. 34. SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. 35. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and retum it to this office. For an explanation or information on some of the violations contained in this report, please visit our web page at http:f/www.ci.stpauLmn.usfindex.aspx?NID=211 You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the Office of the City Clerk, 310 City Ha11, City/County Courthouse, 15 W Kellogg Blvd, Saint 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: lisa.martin@ci.stpaul.mn.us or eall me at 651-266-8988 between 6:30 - 8:30 am. Please help make Saint Paul a safer place in which to live and work. Sincerely, Lisa Martin Fire Inspector Re£ # 101490 cc: Housing Resource Center Force Unit 10-462 Date: March 09, 2010 File #: 07 - 2241�2 Folder Name: 906 CHARLES AVE PIN: 352923240071 � 1� y ��r� ��-� ) t i L v � � : A h ....p __.� ��. d . . ;� ,,: � � � , ��.u. , �� , ,, , ��; � �u. � , � � � .� R�t � �� IZ � V �{' 1 ' 'i �1 [� i � � YA �'1 � �� ..- �._-r l I...t. � : Y.. y ��...-i. b "'i f ' . f� � � i � � �1 :�., 10-462 Date: March 09, 2010 File #: 07 - 224152 Folder Name: 90b CHARLES AVE PTN: 352923240071 � 5 �r�nr �,-�.�.� l.L�" 10-462 I � �'� I �' � �� . �� , j e l 5l �� 6� � �� , �� A �� Date: March 09, 2010 File #: 07 - 224152 Folder Name: 906 CHARLES AVE PIN: 352923240071 10-462 ��(( /5 Y 11 �rv�� ,�p�', P'` � yi ��r" � �6�e�� '" � 5 Date: March 09, 2010 File #: 07 - 224152 Folder Name: 906 CHARLES AVE PIN: 352923240071 � t ', v, s �. >�� ' + . �s ; i � � �% , � � �X � ! � 4 f � � �� ;� � f" � p e�. t �� i t , � am_� � � �. : v ��• `�, 4 ` ' R'(:'.. �. k � i � ":� P� Y � � � . r .... . 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Ron Staeheli, appellant, appeared. He said he had inspected the property prior to the hearing and it appeared that the tenants had just moved out. He also believed that the tenanYs had called in the complaint as they were "gunning" for him and had lived there for the past three months without paying any rent. He had filed an unlawfixl detainer against the tenants on March 2 which was the same day the complaint was made. Ms. Moermond stated that whatever decision was made at the hearing would be the decision until the matter was heard before the City Council which will be scheduled for Apri121. She reviewed the photos with Inspector Shaff and Mr. Staeheli. Ms. Shaff stated that a complaint was received on March 2 that the sewer (toilet) back up - feces, holes in ceiling leak thru to dining area, mold issues, no smoke detectors, no railings. Inspector Martin went out to the property and was unable to gain access; however, was able to do a full inspection of the properiy on March 9. Ms. 5haff addressed each item on the deficiency list as appealed by Mr. Staehli. Mr. Staeheli referenced Morris v. Sax (or Sax v. Morris) as an argument throughout his entire appeal. He said the St. Paul Legislative Code in its entirety was unenforceable and overturned by statute in the Supreme Court decision. According to the Mayor's legislative agenda, they are requesting that the state change the law so that the legislative code would not be overturned until the statutes were changed. He suggested that they all go across the hall (to the Mayor's Office) to look at the document. He said this was not just his interpretation it was also the Mayor's interpretation of what happens under Morris v. Sax. Ms. Moermond clarified that the Mayor's Office did not have a`9ega1 mind" in this and that under the City Charter, the only legal opinion shall be provided by the City Attorney's Office. Mr. Staeheli went on to say that the Supreme Court was very specific that if any order citing anything that has to do with a system, structure or component of a property cannot differ from the building code. There was no maintenance portion to the building code; therefore, anything requiring maintenance was in violation of Morris v. Sas. Regarding item #2 — the wood cited was cedar and did not have to be painted; this included the entire exterior of the house. Regazding item #3 — there weren't any photos of the foundation to prove that it was chipped, or otherwise failing. Regarding item #4 — there was no requirement that the porch be enclosed and he was considering removing the door and windows on the porch. Regarding item #12 — there were no photos of the 10-462 Mazch 30, 2010 Legislative Hearing Page 2 garage and he wanted to know what the problems were that the inspector found. Regarding item #13 — he didn't see any photo of a toilet that was plugged and when he was there that morning, the upstairs toilet did flush. He did learn that one of the toilets required a bucket of water be poured into it in order to get it to flush. Conceming all of the plumbing, there were no complaints about the bathtub, the kitchen sink worked fine, and he had forgotten to check beneath the bathroom sink to see if the hot water valve to the sink had been turned off. He understood that everything needed to be repaired before he could rent out the property again and assured that everything would be repaired. Regazding item #14 — he didn't know what was wrong with the water heater as it wasn't specifically addressed in the orders. Regazding item #16 — he didn't believe there was a dryer and only a vent was left hanging. He said if a tenant were to install a dryer, it would be the responsibility of the tenant to pull a permit if one were required. Regazding item # 17 — the side door had been out of service for a number of years. This was a side door that went under the stairs and had been caulked and screwed shut. Regazding item # 18 — the requirement for a carbon monoxide detector he believed the statute quoted was incorrect and that it was F.51. This statute did not apply to single-family homeowners and was not required to even supply a detector which would be the responsibility of the occupant. It was his understanding that multi-family dwellings must supply and install detectors for each unit. Ms. Shaff stated that according State Fire Marshal's website regarding carbon monoxide alarms, 299.F50, indicates that alanns must be installed in new construction by January 1, 2007; by August 1, 2008 for all existing single-family dwelling units; and by August 1, 2009 for all multi-family dwelling units. The alarms must be installed within 10 feet of all sleeping rooms. Mr. Staeheli conceded that this was true; however, it only makes the requirement specific to the occupants of the property and not to the property owner. Ms. Shaff stated that she did not find anything in the Fire Code that indicated it was the occupants' responsibility to provide a carbon monoxide alarm. She asked Mr. Staeheli where he found the reference that it was not the property owner's responsibility to provide the alarm because what she was reading, it indicated every dwelling must have alarms outside of sleeping rooms. Mr. Staeheli countered that everyone should have a nutritious breakfast; however, he did not have to supply it. Ms. Moermond responded that the orders were addressed to him as the property owner and not to the occupant of the property. She asked Mr. Staeheli how he communicated with his tenants regarding orders which were tenant caused. Mr. Staeheli responded that he normally would go into the property and take care of it. He argued that since the law requires the existence of carbon monoxide alarms, it would be the occupant of the property who would be violating the law if they did not have one; not the landlords. Regarding item #19 — it was his information that the inspector had installed smoke detectors when she was there and he did see them present. Regarding item #20 — maintaining a minimum of 68 degrees, he was unsure what this meant. He did not find any freeze damage to the interior of the building and believed the heat was working properly. Regarding item #21 and #22 — he cited Sax v. Morris concerning the cracks in the ceiling, flooring, carpet, and tiles. Regarding item #23 — repair the walls and remove mold/mildew, this had already been treated with bleach and argued that there wasn't any mold/mildew that was visible other then stains. He also didn't believe there were any plumbing issues, other than a chase under the kitchen sink, which would have caused mold/mildew stains. Ms. Shaff addressed item #24 — the occupancy is condemned as unfit for human habitation; occupancy must not be used until re-inspected and approved; the basis for the condemnation was there were no smoke or cazbon monoxide detectors, the toilets were not working properly; and there 10-462 Mazch 30, 2010 Legislative Hearing Page 3 was mold/mildew like substance growing on the ceilings and walls from water damage. Mr. Staeheli re-iterated his responses to those items which had already been addressed in his appeal. He didn't believe the orders made any sense to result in a condemnation. He again said that now that he had access to the building, he would make all of the repairs before a re-inspection and re- occupancy of the property. Regazding items #30, 32 and 33 concerning guazdrails — he again cited Morris v. Sax and said that this should be grandfathered to allow for when the property was built. Regazding item #31 hiring an exterminator — there was no evidence of any rodents and believed this was an excessive requirement to have to hire a licensed exterminator. He believed some of the items in the cited in the deficiency list were vague and should not have been called out. Ms. Moerxnond stated that she would put her decision in writing to Mr. Staeheli. Letter dated March 31, 2010 from Ms. Moermond to Mr. Staeheli is attached and made a part of this record. An extension was granted to May 15, 2010 to bring the property into compliance provided the property remains unoccupied. 10-462 ti cixz ° p R� 9 j �> �� , `o �; 2 s �e*a�€[un n qi€ 43 �oc .m '`C , March 31, 2010 Ronald Staeheli 4300 Blackhawk Road Eagan MN 55122 VIA EMAIL: AmerCentralInsp(c�aol.com Ronald Staeheli 353 Meadow Green Drive Davenport FL 33837 Re: Notice of Condemnation and Order to Vacate 906 Charles Avenue Dear Mr. Staeheli: I have reviewed your appeal and information submitted at the Legislative Hearing on Mazch 30, 2010 relative to the Correction Orders, Condemnation and Order to Vacate dated March 9, 2010. What follows is my recommendation to the City Council. Should you wish to seek a different outcome on your appeal, a public hearing on this matter will be scheduled for Wednesday April 21 2010 at 5:30 p.m. in Council Chambers, 300 City Hall. Exterior - SPLC 34.08 (1), 34.31 (1) - All exterior property areas shall be mainfained free from any accumulation of refuse, gazbage or feces. Deny. Remove pallets from yard, as well as any other materials which are improperly stored in the property's exterior areas. Exterior - SPLC 34.09 (1) b,c, 34.32 (1) b,c - Provide and maintain all exterior walls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.-Scrape and paint peeling areas on house and garage. Deny. Mr. Staeheli argues that the wood siding and trim of the house and garage are cedar and therefore, they are resistant to moisture. However, these surfaces have been painted, and the paint is peeling. Mr. Staeheli should either strip the paint from the cedar surface, or ensure that it is painted properly in order that the building is maintained in a professional state of repair. It should also be noted that the condition of the wooden stoop belies its construction from cedaz, as there are at least 2 clearly deterioratinghotting boards. CITY OF SAINT PAtJL OFFICE OF THE CITY COUNCIL 310 CITY HALL 15 WEST KELLOGG BOULEVARD SAINT PAiJL, MN 55 ] 02-1615 E;vLAIL. leeislativehearinss stoaui mn us PHONE: (651)266-8560 FAX: (651)266-8574 � M Affvmatrve Action Equal Opportumty Employer 10-462 Mr. Ronald Staeheli March 31, 2010 Page -2- 3. Exterior - SPLC 34.09 (1) a, 34.32 (1) a- Provide and maintain foundation elements to adequately support this building at all points. Grant. There is insufficient information in the order on which to base any needed remedial actions. 4. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good condition.-Repair or replace all exterior doors as they aze damaged. Grant conditionally. It is clear from photographs that the outside porch door is in a state of disrepair. The options listed in the orders indicate that the door should be repaired or replaced. Mr. Staeheli correctly noted that the door is not a required element; therefore, its removal would also bring it into compliance. Other doors which may be problematic are not specifically described, nor were photos made a part of this record. 5. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door latch. Grant. There is insufFicient information in the orders as to which door is broken. If it is the door discussed in the previous item, then the door's removal would also address the situation. 6. Exteriar - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window frame. Deny. Although the order does not spec3fy which window(s) or the nature of the window frame problems, the photographs are quite clear as to the problems. 7. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window glass. Deny. Although the order does not specify which window(s) ar the natwe of the window glass problems, the photographs are quite clear as to the problems. 8. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash. Deny. Although the order does not specify which window(s) or the nature of the window sash problems, the photographs aze quite clear as to the problems. 9. Exterior - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screen. Deny. Although the order does not specify which window(s) or the nature of the window frame problems, the photographs aze quite clear as to the problems. 10. Exterior - Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. Grant. The appeal pertained specifically to the private sidewalk, as well as the public one in the right-of- way. Although an accumulation was also seen on the private walkway of this property, this is not a code violation. 10-462 Mr. Ronald Staeheli Mazch 31, 2010 Page -3- 11. Exterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways and stairs. Deny. The photographs showed a distinct deterioration on stairs which create a trip hazard. 12. Exterior - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements.-Repair or remove the deteriorated garage and fence. Deny with respect to the fence. Photographs showed a broken fence. Grant with respect to the garage. The inspector's supervisor testified as to tl�e condition of the garage. However, more specificity would be useful in orders pertaining to the garage, such as "replace deteriorated boards, re-roof, paint, etc." It is clear that the garage should be maintained properly, and the department may wish to clarify orders should the condition persist. 13. Interior - SPLC 3411, SBC 2902.1, SPLC 3417, MPC 4715.0200.0 - Provide an approved number and type of plumbing fixtures.-Hire a licensed contractor to repair all leaking and plugged plumbing throughout the home. Both toilets and all sinks need repair ar replacement. Deny. There was disagreement as to whether the toilets were plugged, based on the photographs, which did not cleariy show a plug or freely flowing water. This leads to a greater reliance on the testimony of the inspectox and the landlord. There was also mention by Mr. Staeheli that one of the toilets required that a bucket of water needed to be used to get a good flush. This is not acceptable. An additional photograph showed a hot water faueet in the "on" position and no water flowing. Mold, mildew and some water damage was visible indicating there may be an ongoing leaking problem. Given this information, an independent confirmation by a licensed plumber is in order to confirm that problems have been addressed. 14. Interior - SPLC 34.11 (5), 34.34 (2) - Contact a licensed contractar to repair or replace the water heater. This work may require a permit(s). Call DSI at (651) 266-9090. Grant. It is not clear in the orders what led to the inspector's determination that the water heater was not functioning properly, when there was written communication that which was ambiguous on this point. More specificity would be useful, such as there is no hot water in any of the faucets, etc. 15. Interior - SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Mazshal's Existing Fuel Burning Equipment Safety Test Report to this office. Deny. 16. Interior - LTMC 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 interiar finish. The exhaust duct shall be a minimum nominal size of four inches (102 mm) in diameter. This work may require a permit(s). Call DSI at (651) 266-8989. 10-462 NIr. Ronald Staeheli Mazch 31, 2010 Page -4- Grant, condirionally. If there is no dryer, as Mr. Staeheli indicated, the condition of the venting is superfluous. However, if there is a dryer, the venting must be properly installed. Tt makes sense that removal of the venting may be in order, so that prospective tenants do not install a dryer with the misapprehension that the venting present would support such a use. 17. Interior - MSFC 10033.1.8 - Remove unapproved locks from the exit doors. The door must be openable from the inside without the use of keys or special knowledge or effort.-Remove the screws from the side exit door. Grant, conditionally. If the door beazs signage on either side indicating that it is exempt and cannot be used for ingress or egress, the appeal is granted. 18. Interior - MN State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alarm in a location within ten (1Q) feet of each sleeping azea. Installation shall be in accordance with manufacturers instructions. Deny. Mr. Staeheli argued that the responsibility that the alann be present does not clearly fall on either the landlord or tenant under Minnesota law. Notably, the requirement that it be present is clear. How this is accomplished is a private matter between the tenant and landlord. 19. Interior - MN Stat. 299F.362 - Immediately provide and maintain a smoke detector located outside each sleeping area. Deny, but likely a moot issue. 20. Interior - SPLC 34.11 (6) - Provide and maintain a minimum of 68 degrees F in all habitable rooms at all times. Crrant. It is not clear in the orders what led to the inspector's determination that there was insufficient heat in all rooms. More specificity would be useful, such as there is the upstairs northwest bedroom is significantly colder than the rest of the house and the thermostat reads 68 degrees for those spaces. 21. Interior - SPLC 3410 (7), 3433 (6) - Repair and maintain the ceiling in an approved manner.- Patch and paint the holes and/or cracks in the ceilings caused by water damage. Deny. 22. Interior - SPLC 34.10 (7}, 34.33 (6) - Repair and maintain the floor in an approved manner.- Repair or replace the carpeting that is tom and repair or replace the kitchen and bathroom floor tiles that are torn. The sub-floor in the dining room needs to be repaired under the carpet which was damaged by a plumbing leak. Deny 10-462 Mr. Ronald Staeheli March 31, 2010 Page -5- 23. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the walls in an approved manner.-Patch and paint the holes and/or cracks in the walls throughout and remove mold/mildew like substance. Deny. 24. Interior - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office.-This home is condemned based on no smoke or carbon monoxide detectors, the toilets are not working properly and there is a mold/mildew like substance growing on the ceilings and walls from water damage. Deny. 25. Interior - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. Deny, but likely moot. 26. Interior - MSFC 605.4 - Discontinue use of all multi-plug adapters. Deny, but likely moot. 27. Interior - SPLC 3414 (2) c- Provide or replace the duplex convenience outlet with ground fault protection within 3 feet of the basin on an adjacent wall in a11 batl�rooms. This work may require a permit(s). Call ASI at (651) 266-9090.-Replace the painted GFCI outlet in the bathroom. Deny. All electrical outlets should be in working order. The outlet (already present in the bathroom) is not. 28. Interiar - MSFC 605.1 - Remove unapproved exposed wiring and install in accardance with the electrical code. This work may require a permit(s). Call DSI at (651) 266-9Q90. Deny. 29. Interior - MSFC 605.1 - Repair or replace damaged electrical appliance wiring. This work may require a permit(s). Call DSI at (651) 266-9090.-Repair all outlets that are not working. Hire a licensed electrician to make repairs. Deny. 30. Interior - 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 handrails to the basement and second floor. Deny. No special accommodation was requested based on the physical surrounds of the staircases. A superficial review of the photographs did not make apparent why it would not be possible to provide handrails. 16-462 Mr. Ronald Staeheli March 31, 2010 Page -6- 31. Interior - SPLC 34.10 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide documentation of extermination.-Hire a licensed exterminator to eliminate mice and other pests. Grant. There is no specific information on the type of insects, rodents or other pests present or suspected to be present. 32. Interior-Basement - SPLC 34.10 (3), 3433(2) - Repair or replace the unsafe stairway in an approved manner. Deny. While the language is not particularly specific, a photo�aph does indicate a problematic azea where there is significant damage to a stair step and carpeting which creates a trip hazazd. This should be addressed. 33. Interiar-Basement - SPLC 34.10 (3) 34.33(2) - Provide an approved guazdrail. Intermediate ballustrade must not be mare than 4 inches apart. Intenmediate rails must be provided if the height of the platform is more than 30 inches. Deny. No special accommodation was requested based on the physical surrounds of the staircase. A superficial review of the photographs did not make apparent why it would not be possible to provide a n ard rail. 34. SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractar which must include a carbon monoxide test. Submit a completed copy of the Saint Pau1 Fire M�shal's Existing Fuel Burning Equipment Safety Test Report to this office. Deny. 35. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. Deny. Sincerely, �� Marcia Moermond Legislarive Hearing Officer c: Fire Supervisors 10-462 4 GI 4 OP @ � ,� �o � �z > : ;,��a�u� ., � � w �ifi iid o 6 •, m �c �`�'�, � az• Apri12, 2010 Ronald Staeheli 4300 Blackhawk Road Eagan MN 55122 VIA EMAIL: AmerCentralIns��n aot_com Ronald Staeheli 353 Meadow Green Drive Davenport FL 33837 Re: Notice of Condemnation and Order to V acate 906 Chazles Avenue Deu Mr. Staeheli: This is to confirm your conversation with Ms. Moermond regarding the absence of a deadline in her letter of March 31, 2010 on the timeline for completion of the repairs to the above property. Per your agreement, you will have the repairs completed by May 15, 2010 based on the condition the property remain unoccupied. Sincerely, "�� . Vicki Sheffer, cretary Legislative Hearing Officer c: Fire Supervisors CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL 310 CITY HALL li WEST KELLOGG BOULEVARD SAII�'T PAUL, M1v 55102-161 � EMAIL: leeislativehearinesna ci st�aul mn us PHON (651)266-8560 FAX: (651)26b-ffi74 � An Affirtnative Action Equal Opportumty Employer Council File # ��' �'(O Green Sheet # 3107958 C�7 � Presented by < LUTION NNESOTA : 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 Apri121, 2010 hereby memorializes its decision to 3 cer[ify and approve the March 30, 2010 decision of the Legislative Heazing Officer for the following 4 address: 5 6 ADDRESS � APELLANT 7 8 906 Chazles Avenue Ron Staeheli 9 10 Decision: Deny the appeal and extension granted to May 15, 2010 to come into compliance. Yeas Harris � ✓ � Adopted by Council: Pate ��//U Adoption Certified by Council Secretary BY� .'L Approve May r: te 5� / � lZ� By: Requested by Department of: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: 10- � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �Vz � DepartmenUOfficelCouncil: Date InRiated: �o-�°°^�� 23APR2010 Green Sheet NO: 3107958 Conpct Person & Phone: DePartment Sent To Person InitiaVDate Marcia Moertnond o oon�u 0 6-8570 1 onncil De artmentDirec[or Assign Z �ry Clerk Ci Clerk Must Be on Council Agenda by (Date): Number 3 0 For 4 0 Routing Doc.Type:RESOLUTION Order 5 0 E•Document Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Ciip All �ocations for Signature) Action Requested: Resolution memorializing City Council action taken April 21, 2010 denying the appeal and extension gran[ed for property at 906 Chules Avenue. Recommenda6ons: Approve (A) or Reject (R): Personal Service ContraMs Must Answer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person7firm possess a skill not normally possessed by any current ciiy employee? Yes No Expiain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges If Approved: Disadvantages If Not Approved: Total Amount of Transactio�: CosVRevenue Budgetetl: Funding Source: Activity Number: Financial Information: (Explain) April 23, 2010 10:52 AM Page 1 .`` ' � mnnm� � 0 m� �I �� March 22, 2010 Ron Staeheli 353 Meadow Green Drive Davenport, FL 33837 RE: 906 Charles Ave Dear Mr. Staeheli: CITY OF SAINT PAUL CITY CLERK'S OFFICE 10-462 Your application for an appeal has been received and processed. � ✓� t�.c:, � {��s.�r�h 3c- Please atte ' the public hearing before the Legislative Hearing Officer on Tuesday, kp�rii-6; 2010 at .�� .m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officerwill hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sin�erely, _ Shari Moore City Clerk cc: l� �� Fire Supervisors Marcia Moermond, Legislative Nearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVARB, SUITE 310 SAINT PALR, MINNESOTA55102 Tei: 651-266-8685 Fax: 651-266-8574 wwcx.stpaui.gov An Affirmatrve Act�on Equal Opportumry Eroployer 10-462 APPLICATION FOR APPEAL Saint Paul City C12rk 1� W. Kellogg Blvd., 310 City Hall Saint Paul, Minne,ota 55102 Telephone:(6�1)266-8648 1. Addrz;, of Property bzing Appealed: 906 Chartes Ave 2. l�umber of Dwellin� Units: 1 3. Date of Letter Appealed: 03-09-2010 4. Name of Owner: Ronald Staeheli Address: 353 Meadow Creen Drive Citv: Davenport_ State: FL __Zip:_33837 _ Phone Number: Business 612-865-2004 Residence Cellular C�� // '�'L- � : r Signature: 5. Appellant / Applicant (if other than owner): Address: ___ City: Phone Numbers: Business Residence Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary): Please see attached cover letter, appeal, original deficiency list, copies of emails to and from inspector. A�25.00 check was mailed on March 16, 2010 from the Laughman FL Post office to cover the fee for this appeal. NOTE: A$25.00 filing fee made payable to the City of Samt Paul must accompany this appiicaflon as a necessary condition for filmg. You must attach a copy of the origmal orders and any other correspondence relahve to this appeal. Any person unsat�sfied by the final decision of the City Councit may obtamjudicial review by timety filing of an ac[ion as provided by law �n D�strict Court. For Office Use Only Date Received: Fee Received: Receipt Number: Date of Heazing: im"�.�d a.ai zoo� 10-462 -----Original Message----- From amerceniralinsp@aoLcom To isdrevenge@aol.com Sent: Fri, Mar 19, 20�0 1:02 pm Subject Fwd Appeal of orders for 906 Charles Ave ----Ongmal Message----- From Ame rCentrali n sp(�aol com To shan_moore ci s�auLmn us Sent: Fri, Mar 19, 2010 8 22 am Subject Appeal of orders for 906 Charles Ave Ms. Moore, Hopefully you are in receipt of the check I send Tuesday. We discussed the need to send the check separately from the appeal due to the fact that the appeal was technical and needed some time to perfect. Please find the appeal attached as a pdf file and a word file. Please reply to this email so I know you got the appeal and were able to download the attach m e nt. I mention that I may �ot be available to attend because I am taking care offamily out of state however I may be able to be in town on Tuesday March 30, 2010 in the afternoon if that works for the schedule. Thank you and hope you are well. Ron Staeheli 612-865-2004 10-462 March 19. 2010 Marcia Moermond Le�islative Heazin� Officer St. Paul City Hall St. Paul, Mi� 55132 Ms Moermond, Following is an appeal as it regards a property I own at 906 Charles Ave in St. Paul. You and I know one another and you know d�at I am a student of the various codes azid the law. As you will see I am appealing the entire list of "deficiencies" listed by Lisa Maztin based on several factors, all of which are valid under the law. Morris v Sax is very clear that under Minnesota Statues no municipality may enforce any code that is different than the building code. All of SPLC is different than the building code and is invalid and unenfarceable. For reasons that are not clear to me it is important to me that you understand that I have no interest in leaving this property in this state of repair. I have bad tenants who are being asked to leave. When the tenants leave the property wIll be addressed however that does not change the simple fact that the rules are different now. The city can not longer legally require any repairs to building structures or components using any law except the state building code.. As I mention in the appeal I ma�� not be able to attend the hearing and waive my right to przsent any additional evidence except for the appeal as written as long as each item of repair is addressed separately at the hearing on the record or you accept a written report from staff only that I can be copied and you make your recommendations based on both my appeal and staffs report. In the alternative I can attend by telephone if that more convenient. Thank you and plzase ca11612-865-2004 if you have any questions. Sincerely and respectfully, c�,�,��.��:> Ron Staeheli Mazch I5, 2010 10-462 Emails/ Lisa Martin and Ron Staeheli Lisa Martin, I am writine you in order to document further our phone calls and ask somz que>tion>. You called 6� 1-319-7006 of your ow=n volition on Macch I i, 20 S 0 to inform us that you had gone to thz property at 906 Chazles in order to evict anyone in rzsidence due to thz fact that you determined the property to be unfit ior human habitation. You informed us that you provided a smoke dztector for the people in residence and then left without evictin� anyone from the residence. . It is perfectly reasonable that we would deduce from that exchan�e that the property was no longer condemned. If the property is condemned please use your police powers to evict anyone in residence. 4Ve have no authority under the law to do so without your cooperation. If we can work together to evict any resideuce please let me know how I can help. I do not understand why you would go to the property to evict the residence and leave without evleting anyone aftec a smoke detector was installed Does that not contradict your determination that the property is "unfit for human habitation°? Plea,e let me know how I can help to evict these tenants so that I can get into the property and get repairs done.. Ron Staeheli. Mr. Staeheli, i received your e-mails and do not find the need to manage your property or your assumptions. The home is condemned, you are responsible to resolve the issues regarding your tenants and your property. Respectfully, Lisa Martin »> <AmerCentrallnsp@aol.com> 3/11/2010 11:17 PM »> Lisa, Today you called us and discus>ed that you went to 906 Chatles Ave and told the occupants that they had to vacate due to your order. They refused to vacate or install the smoke detector they removed. You went to thz fire department and got a,moke detector. You returned to the building and gave a smoke detecYor to the occupants' and had them 10-462 sien an a�eement to in�tall th2 detector and maintain it. You did not further in;ist they vacate. My question to you, is the property still condemned? If lt is what other work would have to be donz to lift the condemnation? I am also wondering if you were able to get in to fmd out if they uszd a plung2r to clear the upstairs toilet? Thank you for the update and pl2ase r2p1y Yo this and my prior email so I am sure y�u received them. Ron Staeheli Thank you for your time on the phone this morning of March 10, 2010. We discussed my property at 906 Chazles Ave in St. Paul and your determination that it is currently unfit for human habitation. You said that the reason for the condemnation and unfit status was that there were no smoke detectors on the 2 floor and no CO detectors outside the bedrooms. You mentioned that you did see the mounting hazdware for a CO detector and wiring for a smoke detector in place. We discussed a contention that the tenants removed those items in advance of the inspection. You also said that one of the two toilets in the house was clogged and that the other had a sluggish flush. You said that repairing those items would remove the condemnation. You also mentioned that the water heater was working and there was hot water provided to the unit You did not say restoring hot water to hand sink would be requued to restore habitable status. I informed you that I had maziy problem with the tenants including rzfusal to admit me and other repair people. As a re,ult of the threatening behavior of the tenants, their guests vid German Sheppazd fot personal safety of myself and my contractors I informed you that I could not attempt a repair of the issues while the current tenants were in residence. At 9:00 this morning we contacted the tenants by voice mail and asked they contact us. You mentioned that after the current tenants are vacated that I should inform you and discuss a time table of more than 30 day, of time to effect repairs ofthe property in advance of new tenants. Please respond to this email only so I can be sure you have received it and that our conversation did not include other important items not mentioned here. A�ain thanlc you and again I look forward to working with you on these propzrty issues Ron Staeheli +vvi��rvvv � z - b vi i � 10-462 Anpeal of housin� orders written March 9, 2010 for 906 Charles Ave. Followin� is my appeal to the cortection orders issued on Mazch 9 2010. As I am out of town I may not bz able to attend a heazing on this matter. I request that thz heazin� go on in my absence if I am unable to attend with my interests being served by this written appeal. As I read the appeal statute in chapter 18 my attendance at the appeal is not a requirement to have an ap�eal proczss. I would certainly be available for a telephone hearing, I am requesting the issues here be addressed on the record in the hearing as an appeal to the city council and courts may be required. I would have no objection to the appeal taking place with written documentation exclusively if that makes the process easier however I would like to be copied any material provided to the Legislative Hearing Officer by staff as evidence. Each item may have several defenses, each defense is independent of each other, to deuy a condition exists does not stipulate to the cities rights imder Minnesota Law to require repair if, in the opinion of the fact finder, the condition does merit repair. Exterior - SPLC 34.08 (1), 3431 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, garbage or feces. This item is improperl�� vague and does not list a deficiency. It simply quotes a rule but does nok list a correction, deficiency or condition requiring correction, we aiso deny a deficiency exists. 2. Exterior - SPLC 34.09 (1) b,c, 3432 (1) b,c - Provide and maintain a11 exterior walls free from holes a�d deterioration. All wood exterior unprotected surface> must be painted or protected from the elements and maintained an a professional manner free from chipped or peeling paint.-Scrape and paint peeling areas on house and gara�e. This item is not allowed under Morris v Sax and Mina. StaG § 16E.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34.09 (1) b c 34.32 (1) b, c. Thetefore it is different than the building code and is not allowed under Minn. Stat 165.62. Not withstandin� Morris v Sax and si l�i lu V,S: 13YP9 �ui —� 1bO1LO00:J(Y Ys O/1l 10-462 Minn. Stat § 16B.62, subd. 1(2006), peeling paint is not a violation of SPLC 34 S the surface is capable of repelling moisture. The propertv has cedar esterior and therefore is naturall�� resistive ko weathering and requires no mvering. Exterior - SPLC 34.09 (1) a, 3432 ( I) a- Provide and maintain fouadation elzments to adequately >upport this building at all points. This item is improperlV cague and does not List a deficiency. It simply quotes a rule but does not list a correction deficiency or condition requiring correction. It is also not allowed under Morris v Sax and Minn. Stat. § 16B.62, subd. 1(2006), in that there is nothing in the Minnesota Building code that addresses maintenance of foundations therefore it is different than the building code and is not allowed under Minnesota law. Further since it does not list a particular problem with the foundation we deny any deficiency e3IStS. 4. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door in good condition.-Repair or replace all exterior doors as they are damaged. This item is not allowed under Morris v Sax and Minn. Stat. § 16B.62, subd. 1(200b),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not x�llowed under Minnesota law. It is also improperly vague in that it does not menfion what kind of damage or what repairs mia be required. As the type of damage is not listed we deny that the esterior doors are damaged or in need of repair. Exterior - SPLC 34.09 (3 ), 3432 (3 )- Repair and maintain the door latch. This item is not allowed under Mortis v Sax and Minn. Stat. § 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore iE is different than the building code and is not allowed under Minnesota law. It is also improperly vague in that it does not mention a door or the type of door latch that the inspector feels is improper. We den�� that any latch on any exterior door is in need of repair. 6. Exteriot - SPLC 34.09 (3), 3433 (3) - Repair and maintain the wiudow frame. This item is not allowed under Morris c Saa and Minn. StaG § 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota law. It is also improperly vague in that it does not menUon a window or the type of window frame de£tciency. We deny that any window frame is in need of repair_ Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window glass. 1J/ 1V VJ, yJYl•1 VL1 -/ 1VJILVVVJI2 i 1/1� 10-462 This item is not allowed under Morris v Sai and Minn. StaL � 16B.62, subd. 1(2006),. There is nothing in the .Nlinnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under iVlinnesota law. It is also improperl� vague in that it does not mention a window or the type of window frame deficienc��. There is no requirement that the enclosed porch hace windows or be enclosed. S. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash. This item is not allowed under Morris v Sax and Minn. Stat § 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is difTerent than the building code and is not allowed under Minnesota law. It is also improperly vague in that it does not mention a window or the tppe of window sash deFciency. There is no requirement that the enclosed porch have windows or be enctosed. 9. Exterior - SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window screen. This item is not allowed under Morris v Sas and Minn. Stat. § 16B.62, subd. 1(200G),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it ie different than the building code and is not allowed under Minnesota law. Lt is also improperly vague in that it does not mention a window or the type of window sash deficiencp. There is no requirement that the enclosed porch have windows or be enclosed. Not withstanding that no screens are required b�� the building code in force when the property was constructed we deny that any required screens are in disrepair. 10. Exterior - Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. There is no requirement that private sidewalks be snow or ice free, this item is factuallv incorrect and unenforceable. 11. Exterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewallcs, walkways and stairs. This item is improperly vague and does not list a deficiency. It simply quotes a rule but does not fist a correction, deficiency or condition requiring correction. This item is not allowed under Morris v Sax and Minn. Stat. � 16B.62, subd. 1(2006),. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota law. 12. Exterior - SPLC 34.OA (5), 3431 (3) -Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holzs and deterioration. Provide and mainfain exterior unprotected surfaces painted or protected fmm the elemznts.-Repair or remove the deteriorated garage and fencz. 10/ 1V VJ. 1JYt9 l.Ll - J 1UJIGVVUJ/Y Ys U/ll 10-462 This item is improperly vague and does not list a deficiencv. It simpl}� quotes a rule but does not List a correcrion or condition requiring correction. There is no requirement for fence maintenance or gazage maintenance in the vIinnesota Building Code, that would make anp locai requirement in excess of the Building code and would therefore be illegal. Further we deny the garage or fence is deteriorated 13. Interior- SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 471�.0200.0 - Ptovide an approved number and type of plumbing fixtures.-Hire a licensed contractor to repau all leaking and plu�ged plumbing throughout the home. Both toilets aud all sinks need repair or replacement. This item is improperly cague and does not list a condition or deficiency that would require replacement or repair. It does not list any fixture that is leaking or list the deficiency of any £xture, We deny that the sinks or toilets require repair or replacement, on toilet may need plunging. 14. Interior - SPLC 34.11 (5), 3434 (2) - Contact a licensed contractor to xepair or teplace the water heater. This work may require a permit(s). Call DSI at (651) 266-9090. This item is improperly vague and does not list a deficiency. It does not List a condition requiring correction. The inspector informed me there was hot water to the dwelling. As a xesult we deny that there is any de£iciencv in the water heater. 15. Interior - SFLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test Submit a completed copy ofthe Saint Paul Fire Marshal's Existing Fuel Surning Equipment Safety Test Report to this office. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota Law. There in no deficiency listed with the boiler to be serviced or any reason listed to require a carbon monoxide 16. Interior - UMC 504.6 - Provide, repair or replace the dryer e�aust duct. Exhaust ducts for domestic clothes dryers shall be constructed of inetal and shall have a smooth interior fmish. The erliaust duct shall be a minimum nominal size of four inches (102 mm) in diameter. This work may require a permit(s). Call DSI at (651) 266-8959. liMC 504.6 only lists the proper way to install a dryer venting system under permiE. As there is no permit the city has no authority tQ enforce the UL14C 504.06. The UMC does not list the proper way to maintain the drper venting. 10-462 17. Interior - MSFC 1003.3.1.8 - Remove unapproved locks from thz e;cit door. The door must be openable from the inside without the use of keys or special knowledge or effort.-Removz the screw; from thz side exit door. The side door is the third exit from the properry. Without the door proper egress is supplied by 5 exit windows and two full sized doors to the exterior. There is not rule to keep a properta owner from seating a doar to provide energg sacings. 18. Interior - MiQ State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alazm in a location within ten (10) feet of each sleeping area. Installation shall be in accordance with manufaciurers instructions. MN stat. 299F.50 does not require the single family property owner to maintain or install CO detecrors, MN Stat 299F.50 simply list deFnitions. MN Stat 299F.51 list requirements but does not require propertv owners of single family properties to maintain or supply CO detectors. The requirement is speciFc to dwelling occupants and is improper to require the property owner to supply or maintain the detector. The law actually never requires the owner of a singte family property to install a detector as the property owner requirement of the Law is specific to mulk family units esclusivelv. 19. Interior - MN Stat 299F362 - Tmmediately provide and maintain a smoke detector located outside each sleeping azea_ The inspector informed me that this item was taken care of bv her. 20. Interior - SPLC 34.11 (6) - Provide and maintain a minimum of 6�i degrees F in all habitable rooms at all times. This item is improperly vague and does not list a deficienc��. It simply quotes a rule but does not list a correction, deficiency or condition requiring correction. The liMC does not contain any language about a temperature requirement and does not have a mainteuance standard that has to be maintained. 21. Interior- SPLC 34.10 (7), 34.33 (6) - Repair and maintain the eeiling in an approved manner.-Patch and paint the holes and/or cracks in the ceilings caused by water damage_ There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different than the building code and is not allowed under Minnesota law. The plumbing and building code allows access holes for plumbing and there is nothing in the building code that de�als with appearance of the access hole covering or requires that they be covered. �....�......�.,.. � . o _... �,. 10-462 22. Interior - SPLC 34.10 (7), 34.33 (6) - Repai.r and maintain the floor in an approved manner.-Repair or replace the carpetin� that is torn and repair or replace the kitchen and bathroom floor tiles that are tom. The sub-floor in the dinin� room needs to be repaired under the caq�et which was damaQed by a plumbina leak. There is nothing in the Minnesota Building Code that altows SPLC 34 therefore it is different than the building code and is not allowed under 1Vlinnesota law. 23. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the walls in an approved manner.-Patch and paint the holes and/or cracks in the walls throughout and remove mold/mildew like substance. There is nothing in the Minnesota Building Code that allows SPLC 34 therefore it is different thpn the building wde and is not allowed under Minnesota law. 24. Interior - SPLC 34.23, MSFC I 10.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office.-This home is condemned based on no smoke or carbon monoxide detectors, the toilets are not working properly and there is a mold/mildew like substance growing on the ceilings and walls from water damage. A condemnation for lack of CO detectors, smoke detectors and a clogged toilet in a property that contains two torlets one of which is tunctional is an abuse of the condemnation process. The inspector has acknowledged that one of the two toilets was working when she inspected the property. Having worked with the citp and having reviewed dozens of inspection reports clogged toilets and missing smoke detectors are common and necer result in condemnation. 25. Interior - MSFC 605.5 - IIiscontinue use of extension cords used in lieu of permanent wiring. This item is improperly vague and does not list a deficiencV. It simply quotes a rule but does not list a correction, deficiency or condition requiring wrrection. All extension cords are not prohibited by the Electrical eode. Only cords used in lieu of permanent wiring are prohibited. Holiday lighting, hair dryer, laptop computers, dozens of non-permanent alluwed uses of extension cord wirina couid be the use in question, because the inspector has not listed a condition that was in violation we denv the condition exisCed. 26. Interior - MSFC 605.4 - Discon6nue use of all multi-plug adapters. This item is improperly vague and does not list a deficiencV. It simpl�• quotes a rule but does not list a correction, deficienc�• or condition requiring .,, �., ,,... .,r .,., �� .� r� , , 10-462 correction. Because the inspector has not listed a condition that was in ciolation we denV the condifion esisted. 27. Interioi - SPLC 34.14 (2) c- Provide or replace the duplex convenience outlet with �eound fault protection within 3 fezt of the basin on an adjacent wall ln all bathrooms. This work may rzquire a permit(s). Call DSI at (651) 266-9090.- Replace the painted GFCI outlet in the bathroom. This is an esact example of the facts in Morris v Sax and Minn. Stak § 16B.62, subd. 1(2006), and has been directly dealt with b�� the Minnesota Supreme CourL The city ma�� nok require CFCI outlets in existing properties. 28. Interior- MSFC 605.1 - Remove unapproved exposed wiring and install in aceordance with the electrieal code. Tlus work may require a permit(s). Gall DSI at (651) 266-9090. This item is improperly vague and does not list a deficiency. It simply quotes a rufe but does not list a correction, deficiency or condition requiring correction. There is not maintenance requirement in the Electrical code. 29. Interior - MSFC 605.1 - Repair or replace damaged electrical appliance wiring. This work may require a permit(s). Call DSI at (651) 266-9090.-Repair all outlets that are not working. Hire a licensed electrician to make repairs. This item is improperly vague and does not list a deficiency. It simply quotes a rule but does not list a correction, deficiency or condition requiring wrrection. There is not a maintenance requirement in the Electrical code. Further there is not requirement that anp appliance be included in a property so any appliance that has frayed wiring could not be the responsibilitV of the property ownen If the tenants have a TV with frayed wiring the properry owner has no control over that 30. Interior- SPLC 34.10 (3), 3433(2) - Ftovide an apptoved handrail. The top of the handrail must be between 34 and 3A inches above the treads and run the entire lena h of the stau.-Provide handrails to the basement and second floor. Property was build before these items were required therefore no requirement can be placed on the property by local government Please see Morris v Sax and Minn. Stat. § 16B.62, subd. 1(2006),. 31 Interior - SPLC 34.10 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide documentation ofextermination.-Hire a licensed exterminator to eliminate mice and other pests. This item is improperly vague and does not list a deficiencp. It simply quotes a rule but does not list a correction, deficiency or condition requiring 10-462 wrrection. There is no evidence of rodents listed in the deficiency as having been discovered by the inspector, we deny the condition exists. 32. Interior-Basement - SPLC 34.10 (3}, 3433(2} - Repas or replace tha unsafe stairway in an approvzd manner. This item is impxoperly vague and does not list a deficiencv. It simpl� quotes a rule but does not list a correction, deficienc�� or condition requiring correction. There is no deficiency noted as to a safety issue with the stairs. as a result we denv the stairs are unsafe and that no de£ciencies exisL 33. Interior-Basement - SPLC 34.10 (3) 3433(2) - Provide an approved guardrail. Intermediate batlustrade must not be more than 4 inches apart. Intermediate ratts must be pro vided if the height of the platform is more than 30 inches. Property was build before these items were required thereFore no requirement can be placed on the propertv by local government Please see Morris v Sax and Minn. Stat. § 16B.62, subd. 1(2006),. 34. SPLC 3A.11 (6), 3434 (3) - Provide service oFheating facility by a licen�ed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Mazshal's Existing Fuel Burning Equipment Safety Test Report to this office. This item is improperlp vague and does not list a deficiencp. It simply quotes a rule but does not IisC a carrectiun, deTiciency or candition reqniring correction. 10-462 CITY OF SAINT PAUL Chnstopher B Coleman, .Nayor Mazch 9, 2010 RONALDSTAEHELI 4300 BLACKHAWK ROAD EAGAN MN 55122 DEPARTMENTOFSAFETY ANDINSPECTIONS F�re Inspect�on Drvision Bob Kess(er, Drrector 375 Jackson Street Suite LO Telephone bi1-266-8989 SarntPaul,Mmnesota»IO/-/806 Facsmde b.i1-266-89�1 We6 wr✓w sroaul eov/dsr NOTICE OF CONDEMNATION UNFIT FOR HUMAN HABITATION ORDER TO VACATE RE: 906 CHARLES AVE Dear Property Representative: Your building was inspected on March 9, 2010. The building was found to be unsafe, unfit for human habitation, a public nuisance, and a hazard to the public welfare or otherwise dangerous to human life. 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 re-insnection will be made on March 19 2010 at ll am or the aropertv vacated CONDEMNATION OF THE BUILDING REVOKES THE CERTIFICATE OF OCCUPANCY. Failure to complete the corrections may result in a criminal citation. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. DEFICIENCY LIST Exterior - SPLC 34.08 (1), 3431 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, garbage or feces. An Equal Opportunity Employer 10-462 Exterior - SPLC 34.09 (1) b,c, 34.32 (1) b,c - Provide and maintain all exterior walls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.-Scrape and paint peeling areas on house and �ara�e. 3. Exterior - SPLC 34.09 (1) a, 3432 (1) a- Provide and maintain foundation elements to adequately support this building at all points. 4. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good condition.- Repair or replace all exterior doors as they are damaged. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door latch. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window frame. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window glass. 8. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash. 9. Exterior - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screen. 10. Exterior - Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. 11. Exterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways and stairs. 12. Exterior - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unpmtected surfaces painted or protected from the elements.-Repair or remove the deteriorated garage and fence. 13. InYerior - SPLC 34.11, SBC 29021, SPLC 34.17, MPC 4715.0200.0 - Provide an approved number and type of plumbing fixtures.-Hire a licensed contractor to repair all leaking and plugged plumbing throughout the home. Both toilets and all sinks need repair or replacement. 14. Interior - SPLC 34.11 (5), 3434 (2) - Contact a licensed contractor to repair or replace the water heater. T'his work may require a permit(s). Call DSI at (651) 266-9090. 15. Interior - SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must inciude 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. 16. Interiar - UMC 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. This work may require a permit(s). Call DSI at (b51) 266-8989. 10-462 17. Interior - MSFC 1003.3.1.8 - Remove unapproved locks from the exit doors. The door must be openable from the inside without the use of keys or special knowledge or effort.- Remove the screws from the side exit door. 18. Interior - MN State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alarm in a location within ten (10) feet of each sleeping area. Installation shall bein accordance with manufacturersinstructions. 19. Interior - MN Stat. 299F.362 - Immediately provide and maintain a smoke detector located outside each sleeping area. 20. Interior - SPLC 3411 (6) - Provide and maintain a minimum of 68 degrees F in all habitable rooms at all times. 21. Interior - SPLC 3410 (7), 34.33 (6) - Repair and maintain the ceiling in an approved manner.-Patch and paint the holes and/or cracks in the ceilings caused by water damage. 22. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Repair or replace the carpeting that is torn and repair or replace the kitchen and bathroom floar tiles that are torn. The sub-floor in the dining room needs to be repaired under the carpet which was damaged by a plumbing leak. 23. Interior - SPLC 3410 (7), 34.33 (6) - Repair and maintain the wails in an approved manner.-Patch and paint the holes and/or cracks in the walls throughout and remove moldlmildew like substance. 24. Interior - SPLC 34.23, MSFC 1101 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used unYil re-inspected and approved by this office.-This home is condemned based on no smoke or carbon monoxide detectors, the toilets are not working properly and there is a mold/mildew like substance growing on the ceilings and walls from water damage. 25. Interior - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. 26. Interior - MSFC 605.4 - Discontinue use of all multi-plug adapters. 27. Interior - SPLC 34.14 (2) c- Provide or replace the duplex convenience outlet with ground fault protection within 3 feet of the basin on an adjacent wall in all bathrooms. This work may require a permit(s). Call DSI at (651) 266-9090.-Replace the painted GFCI outlet in the bathroom. 28. Interior - MSFC 6051 - Remove unapproved exposed wiring and install in accordance with the elecri-ical code. This work may require a permiY(s). Call DSI at (651) 266-9090. 29. Interior - MSFC 6051 - Repair or replace damaged electrical appliance �uiring. This work may require a permit(s). Call DSI at (651) 266-9090.-Repair all outlets that are not working. Hire a licensed electrician to make repairs. 10-462 30_ Interior - SPLC 34.10 (3), 3433(2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire lenb h of the stair.-Provide handrails to the basement and second floar. 31. Interior - SPLC 34.10 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide documentation of extermination.-Hire a licensed exterminator to eliminate mice and other pests. 32. Interior-Basement - SPLC 3410 (3), 34.33(2) - Repair or replace the unsafe stairway in an approved manner. 33. Interior-Basement - SPLC 34.10 (3) 3433(2) - Provide an approved guardrail. Intermediate ballustrade must not be more than 4 inches apart. InYermediate rails must be provided if the height of the platform is more than 30 inches. 34. SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. 35. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and retum it to this office. For an explanation or information on some of the violations contained in this report, please visit our web page at http:f/www.ci.stpauLmn.usfindex.aspx?NID=211 You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the Office of the City Clerk, 310 City Ha11, City/County Courthouse, 15 W Kellogg Blvd, Saint 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: lisa.martin@ci.stpaul.mn.us or eall me at 651-266-8988 between 6:30 - 8:30 am. Please help make Saint Paul a safer place in which to live and work. Sincerely, Lisa Martin Fire Inspector Re£ # 101490 cc: Housing Resource Center Force Unit 10-462 Date: March 09, 2010 File #: 07 - 2241�2 Folder Name: 906 CHARLES AVE PIN: 352923240071 � 1� y ��r� ��-� ) t i L v � � : A h ....p __.� ��. d . . ;� ,,: � � � , ��.u. , �� , ,, , ��; � �u. � , � � � .� R�t � �� IZ � V �{' 1 ' 'i �1 [� i � � YA �'1 � �� ..- �._-r l I...t. � : Y.. y ��...-i. b "'i f ' . f� � � i � � �1 :�., 10-462 Date: March 09, 2010 File #: 07 - 224152 Folder Name: 90b CHARLES AVE PTN: 352923240071 � 5 �r�nr �,-�.�.� l.L�" 10-462 I � �'� I �' � �� . �� , j e l 5l �� 6� � �� , �� A �� Date: March 09, 2010 File #: 07 - 224152 Folder Name: 906 CHARLES AVE PIN: 352923240071 10-462 ��(( /5 Y 11 �rv�� ,�p�', P'` � yi ��r" � �6�e�� '" � 5 Date: March 09, 2010 File #: 07 - 224152 Folder Name: 906 CHARLES AVE PIN: 352923240071 � t ', v, s �. >�� ' + . �s ; i � � �% , � � �X � ! � 4 f � � �� ;� � f" � p e�. t �� i t , � am_� � � �. : v ��• `�, 4 ` ' R'(:'.. �. k � i � ":� P� Y � � � . r .... . 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Ron Staeheli, appellant, appeared. He said he had inspected the property prior to the hearing and it appeared that the tenants had just moved out. He also believed that the tenanYs had called in the complaint as they were "gunning" for him and had lived there for the past three months without paying any rent. He had filed an unlawfixl detainer against the tenants on March 2 which was the same day the complaint was made. Ms. Moermond stated that whatever decision was made at the hearing would be the decision until the matter was heard before the City Council which will be scheduled for Apri121. She reviewed the photos with Inspector Shaff and Mr. Staeheli. Ms. Shaff stated that a complaint was received on March 2 that the sewer (toilet) back up - feces, holes in ceiling leak thru to dining area, mold issues, no smoke detectors, no railings. Inspector Martin went out to the property and was unable to gain access; however, was able to do a full inspection of the properiy on March 9. Ms. 5haff addressed each item on the deficiency list as appealed by Mr. Staehli. Mr. Staeheli referenced Morris v. Sax (or Sax v. Morris) as an argument throughout his entire appeal. He said the St. Paul Legislative Code in its entirety was unenforceable and overturned by statute in the Supreme Court decision. According to the Mayor's legislative agenda, they are requesting that the state change the law so that the legislative code would not be overturned until the statutes were changed. He suggested that they all go across the hall (to the Mayor's Office) to look at the document. He said this was not just his interpretation it was also the Mayor's interpretation of what happens under Morris v. Sax. Ms. Moermond clarified that the Mayor's Office did not have a`9ega1 mind" in this and that under the City Charter, the only legal opinion shall be provided by the City Attorney's Office. Mr. Staeheli went on to say that the Supreme Court was very specific that if any order citing anything that has to do with a system, structure or component of a property cannot differ from the building code. There was no maintenance portion to the building code; therefore, anything requiring maintenance was in violation of Morris v. Sas. Regarding item #2 — the wood cited was cedar and did not have to be painted; this included the entire exterior of the house. Regazding item #3 — there weren't any photos of the foundation to prove that it was chipped, or otherwise failing. Regarding item #4 — there was no requirement that the porch be enclosed and he was considering removing the door and windows on the porch. Regarding item #12 — there were no photos of the 10-462 Mazch 30, 2010 Legislative Hearing Page 2 garage and he wanted to know what the problems were that the inspector found. Regarding item #13 — he didn't see any photo of a toilet that was plugged and when he was there that morning, the upstairs toilet did flush. He did learn that one of the toilets required a bucket of water be poured into it in order to get it to flush. Conceming all of the plumbing, there were no complaints about the bathtub, the kitchen sink worked fine, and he had forgotten to check beneath the bathroom sink to see if the hot water valve to the sink had been turned off. He understood that everything needed to be repaired before he could rent out the property again and assured that everything would be repaired. Regazding item #14 — he didn't know what was wrong with the water heater as it wasn't specifically addressed in the orders. Regazding item #16 — he didn't believe there was a dryer and only a vent was left hanging. He said if a tenant were to install a dryer, it would be the responsibility of the tenant to pull a permit if one were required. Regazding item # 17 — the side door had been out of service for a number of years. This was a side door that went under the stairs and had been caulked and screwed shut. Regazding item # 18 — the requirement for a carbon monoxide detector he believed the statute quoted was incorrect and that it was F.51. This statute did not apply to single-family homeowners and was not required to even supply a detector which would be the responsibility of the occupant. It was his understanding that multi-family dwellings must supply and install detectors for each unit. Ms. Shaff stated that according State Fire Marshal's website regarding carbon monoxide alarms, 299.F50, indicates that alanns must be installed in new construction by January 1, 2007; by August 1, 2008 for all existing single-family dwelling units; and by August 1, 2009 for all multi-family dwelling units. The alarms must be installed within 10 feet of all sleeping rooms. Mr. Staeheli conceded that this was true; however, it only makes the requirement specific to the occupants of the property and not to the property owner. Ms. Shaff stated that she did not find anything in the Fire Code that indicated it was the occupants' responsibility to provide a carbon monoxide alarm. She asked Mr. Staeheli where he found the reference that it was not the property owner's responsibility to provide the alarm because what she was reading, it indicated every dwelling must have alarms outside of sleeping rooms. Mr. Staeheli countered that everyone should have a nutritious breakfast; however, he did not have to supply it. Ms. Moermond responded that the orders were addressed to him as the property owner and not to the occupant of the property. She asked Mr. Staeheli how he communicated with his tenants regarding orders which were tenant caused. Mr. Staeheli responded that he normally would go into the property and take care of it. He argued that since the law requires the existence of carbon monoxide alarms, it would be the occupant of the property who would be violating the law if they did not have one; not the landlords. Regarding item #19 — it was his information that the inspector had installed smoke detectors when she was there and he did see them present. Regarding item #20 — maintaining a minimum of 68 degrees, he was unsure what this meant. He did not find any freeze damage to the interior of the building and believed the heat was working properly. Regarding item #21 and #22 — he cited Sax v. Morris concerning the cracks in the ceiling, flooring, carpet, and tiles. Regarding item #23 — repair the walls and remove mold/mildew, this had already been treated with bleach and argued that there wasn't any mold/mildew that was visible other then stains. He also didn't believe there were any plumbing issues, other than a chase under the kitchen sink, which would have caused mold/mildew stains. Ms. Shaff addressed item #24 — the occupancy is condemned as unfit for human habitation; occupancy must not be used until re-inspected and approved; the basis for the condemnation was there were no smoke or cazbon monoxide detectors, the toilets were not working properly; and there 10-462 Mazch 30, 2010 Legislative Hearing Page 3 was mold/mildew like substance growing on the ceilings and walls from water damage. Mr. Staeheli re-iterated his responses to those items which had already been addressed in his appeal. He didn't believe the orders made any sense to result in a condemnation. He again said that now that he had access to the building, he would make all of the repairs before a re-inspection and re- occupancy of the property. Regazding items #30, 32 and 33 concerning guazdrails — he again cited Morris v. Sax and said that this should be grandfathered to allow for when the property was built. Regazding item #31 hiring an exterminator — there was no evidence of any rodents and believed this was an excessive requirement to have to hire a licensed exterminator. He believed some of the items in the cited in the deficiency list were vague and should not have been called out. Ms. Moerxnond stated that she would put her decision in writing to Mr. Staeheli. Letter dated March 31, 2010 from Ms. Moermond to Mr. Staeheli is attached and made a part of this record. An extension was granted to May 15, 2010 to bring the property into compliance provided the property remains unoccupied. 10-462 ti cixz ° p R� 9 j �> �� , `o �; 2 s �e*a�€[un n qi€ 43 �oc .m '`C , March 31, 2010 Ronald Staeheli 4300 Blackhawk Road Eagan MN 55122 VIA EMAIL: AmerCentralInsp(c�aol.com Ronald Staeheli 353 Meadow Green Drive Davenport FL 33837 Re: Notice of Condemnation and Order to Vacate 906 Charles Avenue Dear Mr. Staeheli: I have reviewed your appeal and information submitted at the Legislative Hearing on Mazch 30, 2010 relative to the Correction Orders, Condemnation and Order to Vacate dated March 9, 2010. What follows is my recommendation to the City Council. Should you wish to seek a different outcome on your appeal, a public hearing on this matter will be scheduled for Wednesday April 21 2010 at 5:30 p.m. in Council Chambers, 300 City Hall. Exterior - SPLC 34.08 (1), 34.31 (1) - All exterior property areas shall be mainfained free from any accumulation of refuse, gazbage or feces. Deny. Remove pallets from yard, as well as any other materials which are improperly stored in the property's exterior areas. Exterior - SPLC 34.09 (1) b,c, 34.32 (1) b,c - Provide and maintain all exterior walls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.-Scrape and paint peeling areas on house and garage. Deny. Mr. Staeheli argues that the wood siding and trim of the house and garage are cedar and therefore, they are resistant to moisture. However, these surfaces have been painted, and the paint is peeling. Mr. Staeheli should either strip the paint from the cedar surface, or ensure that it is painted properly in order that the building is maintained in a professional state of repair. It should also be noted that the condition of the wooden stoop belies its construction from cedaz, as there are at least 2 clearly deterioratinghotting boards. CITY OF SAINT PAtJL OFFICE OF THE CITY COUNCIL 310 CITY HALL 15 WEST KELLOGG BOULEVARD SAINT PAiJL, MN 55 ] 02-1615 E;vLAIL. leeislativehearinss stoaui mn us PHONE: (651)266-8560 FAX: (651)266-8574 � M Affvmatrve Action Equal Opportumty Employer 10-462 Mr. Ronald Staeheli March 31, 2010 Page -2- 3. Exterior - SPLC 34.09 (1) a, 34.32 (1) a- Provide and maintain foundation elements to adequately support this building at all points. Grant. There is insufficient information in the order on which to base any needed remedial actions. 4. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good condition.-Repair or replace all exterior doors as they aze damaged. Grant conditionally. It is clear from photographs that the outside porch door is in a state of disrepair. The options listed in the orders indicate that the door should be repaired or replaced. Mr. Staeheli correctly noted that the door is not a required element; therefore, its removal would also bring it into compliance. Other doors which may be problematic are not specifically described, nor were photos made a part of this record. 5. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door latch. Grant. There is insufFicient information in the orders as to which door is broken. If it is the door discussed in the previous item, then the door's removal would also address the situation. 6. Exteriar - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window frame. Deny. Although the order does not spec3fy which window(s) or the nature of the window frame problems, the photographs are quite clear as to the problems. 7. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window glass. Deny. Although the order does not specify which window(s) ar the natwe of the window glass problems, the photographs are quite clear as to the problems. 8. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash. Deny. Although the order does not specify which window(s) or the nature of the window sash problems, the photographs aze quite clear as to the problems. 9. Exterior - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screen. Deny. Although the order does not specify which window(s) or the nature of the window frame problems, the photographs aze quite clear as to the problems. 10. Exterior - Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. Grant. The appeal pertained specifically to the private sidewalk, as well as the public one in the right-of- way. Although an accumulation was also seen on the private walkway of this property, this is not a code violation. 10-462 Mr. Ronald Staeheli Mazch 31, 2010 Page -3- 11. Exterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways and stairs. Deny. The photographs showed a distinct deterioration on stairs which create a trip hazard. 12. Exterior - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements.-Repair or remove the deteriorated garage and fence. Deny with respect to the fence. Photographs showed a broken fence. Grant with respect to the garage. The inspector's supervisor testified as to tl�e condition of the garage. However, more specificity would be useful in orders pertaining to the garage, such as "replace deteriorated boards, re-roof, paint, etc." It is clear that the garage should be maintained properly, and the department may wish to clarify orders should the condition persist. 13. Interior - SPLC 3411, SBC 2902.1, SPLC 3417, MPC 4715.0200.0 - Provide an approved number and type of plumbing fixtures.-Hire a licensed contractor to repair all leaking and plugged plumbing throughout the home. Both toilets and all sinks need repair ar replacement. Deny. There was disagreement as to whether the toilets were plugged, based on the photographs, which did not cleariy show a plug or freely flowing water. This leads to a greater reliance on the testimony of the inspectox and the landlord. There was also mention by Mr. Staeheli that one of the toilets required that a bucket of water needed to be used to get a good flush. This is not acceptable. An additional photograph showed a hot water faueet in the "on" position and no water flowing. Mold, mildew and some water damage was visible indicating there may be an ongoing leaking problem. Given this information, an independent confirmation by a licensed plumber is in order to confirm that problems have been addressed. 14. Interior - SPLC 34.11 (5), 34.34 (2) - Contact a licensed contractar to repair or replace the water heater. This work may require a permit(s). Call DSI at (651) 266-9090. Grant. It is not clear in the orders what led to the inspector's determination that the water heater was not functioning properly, when there was written communication that which was ambiguous on this point. More specificity would be useful, such as there is no hot water in any of the faucets, etc. 15. Interior - SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Mazshal's Existing Fuel Burning Equipment Safety Test Report to this office. Deny. 16. Interior - LTMC 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 interiar finish. The exhaust duct shall be a minimum nominal size of four inches (102 mm) in diameter. This work may require a permit(s). Call DSI at (651) 266-8989. 10-462 NIr. Ronald Staeheli Mazch 31, 2010 Page -4- Grant, condirionally. If there is no dryer, as Mr. Staeheli indicated, the condition of the venting is superfluous. However, if there is a dryer, the venting must be properly installed. Tt makes sense that removal of the venting may be in order, so that prospective tenants do not install a dryer with the misapprehension that the venting present would support such a use. 17. Interior - MSFC 10033.1.8 - Remove unapproved locks from the exit doors. The door must be openable from the inside without the use of keys or special knowledge or effort.-Remove the screws from the side exit door. Grant, conditionally. If the door beazs signage on either side indicating that it is exempt and cannot be used for ingress or egress, the appeal is granted. 18. Interior - MN State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alarm in a location within ten (1Q) feet of each sleeping azea. Installation shall be in accordance with manufacturers instructions. Deny. Mr. Staeheli argued that the responsibility that the alann be present does not clearly fall on either the landlord or tenant under Minnesota law. Notably, the requirement that it be present is clear. How this is accomplished is a private matter between the tenant and landlord. 19. Interior - MN Stat. 299F.362 - Immediately provide and maintain a smoke detector located outside each sleeping area. Deny, but likely a moot issue. 20. Interior - SPLC 34.11 (6) - Provide and maintain a minimum of 68 degrees F in all habitable rooms at all times. Crrant. It is not clear in the orders what led to the inspector's determination that there was insufficient heat in all rooms. More specificity would be useful, such as there is the upstairs northwest bedroom is significantly colder than the rest of the house and the thermostat reads 68 degrees for those spaces. 21. Interior - SPLC 3410 (7), 3433 (6) - Repair and maintain the ceiling in an approved manner.- Patch and paint the holes and/or cracks in the ceilings caused by water damage. Deny. 22. Interior - SPLC 34.10 (7}, 34.33 (6) - Repair and maintain the floor in an approved manner.- Repair or replace the carpeting that is tom and repair or replace the kitchen and bathroom floor tiles that are torn. The sub-floor in the dining room needs to be repaired under the carpet which was damaged by a plumbing leak. Deny 10-462 Mr. Ronald Staeheli March 31, 2010 Page -5- 23. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the walls in an approved manner.-Patch and paint the holes and/or cracks in the walls throughout and remove mold/mildew like substance. Deny. 24. Interior - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office.-This home is condemned based on no smoke or carbon monoxide detectors, the toilets are not working properly and there is a mold/mildew like substance growing on the ceilings and walls from water damage. Deny. 25. Interior - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. Deny, but likely moot. 26. Interior - MSFC 605.4 - Discontinue use of all multi-plug adapters. Deny, but likely moot. 27. Interior - SPLC 3414 (2) c- Provide or replace the duplex convenience outlet with ground fault protection within 3 feet of the basin on an adjacent wall in a11 batl�rooms. This work may require a permit(s). Call ASI at (651) 266-9090.-Replace the painted GFCI outlet in the bathroom. Deny. All electrical outlets should be in working order. The outlet (already present in the bathroom) is not. 28. Interiar - MSFC 605.1 - Remove unapproved exposed wiring and install in accardance with the electrical code. This work may require a permit(s). Call DSI at (651) 266-9Q90. Deny. 29. Interior - MSFC 605.1 - Repair or replace damaged electrical appliance wiring. This work may require a permit(s). Call DSI at (651) 266-9090.-Repair all outlets that are not working. Hire a licensed electrician to make repairs. Deny. 30. Interior - 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 handrails to the basement and second floor. Deny. No special accommodation was requested based on the physical surrounds of the staircases. A superficial review of the photographs did not make apparent why it would not be possible to provide handrails. 16-462 Mr. Ronald Staeheli March 31, 2010 Page -6- 31. Interior - SPLC 34.10 (6), 3433 (5) - Exterminate and control insects, rodents or other pests. Provide documentation of extermination.-Hire a licensed exterminator to eliminate mice and other pests. Grant. There is no specific information on the type of insects, rodents or other pests present or suspected to be present. 32. Interior-Basement - SPLC 34.10 (3), 3433(2) - Repair or replace the unsafe stairway in an approved manner. Deny. While the language is not particularly specific, a photo�aph does indicate a problematic azea where there is significant damage to a stair step and carpeting which creates a trip hazazd. This should be addressed. 33. Interiar-Basement - SPLC 34.10 (3) 34.33(2) - Provide an approved guazdrail. Intermediate ballustrade must not be mare than 4 inches apart. Intenmediate rails must be provided if the height of the platform is more than 30 inches. Deny. No special accommodation was requested based on the physical surrounds of the staircase. A superficial review of the photographs did not make apparent why it would not be possible to provide a n ard rail. 34. SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractar which must include a carbon monoxide test. Submit a completed copy of the Saint Pau1 Fire M�shal's Existing Fuel Burning Equipment Safety Test Report to this office. Deny. 35. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. Deny. Sincerely, �� Marcia Moermond Legislarive Hearing Officer c: Fire Supervisors 10-462 4 GI 4 OP @ � ,� �o � �z > : ;,��a�u� ., � � w �ifi iid o 6 •, m �c �`�'�, � az• Apri12, 2010 Ronald Staeheli 4300 Blackhawk Road Eagan MN 55122 VIA EMAIL: AmerCentralIns��n aot_com Ronald Staeheli 353 Meadow Green Drive Davenport FL 33837 Re: Notice of Condemnation and Order to V acate 906 Chazles Avenue Deu Mr. Staeheli: This is to confirm your conversation with Ms. Moermond regarding the absence of a deadline in her letter of March 31, 2010 on the timeline for completion of the repairs to the above property. Per your agreement, you will have the repairs completed by May 15, 2010 based on the condition the property remain unoccupied. Sincerely, "�� . Vicki Sheffer, cretary Legislative Hearing Officer c: Fire Supervisors CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL 310 CITY HALL li WEST KELLOGG BOULEVARD SAII�'T PAUL, M1v 55102-161 � EMAIL: leeislativehearinesna ci st�aul mn us PHON (651)266-8560 FAX: (651)26b-ffi74 � An Affirtnative Action Equal Opportumty Employer