10-47Council File # ���-/�
Green Sheet # 3093156
RESOLUTION
CITY (,}F SAIL�LL�AUL, MINNESOTA
Presented by
��
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 December 16, 2009 hereby memorializes its
3 decision to certify and approve the October 15, 2009 decision of the Legislative Hearing Officer for the
4 following address:
5
6 ADDRESS APELLANT
7
8 585 Front Avenue Donjuan Do
9
10 Decision: Appeal denied and order to vacate lifted if deadlines continue to be met.
Requested by Department of:
Adopted by Council: Date ��/3%��/�
Adoption Certified by Council ecretary
BY� � l � � �i�
Approved by ate �Z.[ ZO iJ
By:
�
Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
B y _
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�U��
DepartmentlOffice/Council: Date Initiated:
co-�°°°��� 23DEC2009 Green Sheet NO: 3093156
ConWct Person & Phone: Department Sent To Person InitiallDate
Marcia Moermond o oan� 0
FY$S�� 1 ounN De artment Director
�� 2 'tvClerk Cti Clerk
Must Be on Council Agenda by (Date): Number 3 0
For 4 O
Routing
Doc.7ype:RE50LUTION Order 5 0
E-Document Required: Y
DocumentContact: MaiVang
ConWct Phone: 6-8563
Total # of Signature Pages _(Clip All Lowtions for Signature)
Action Requested:
Resolution memorializing City Council action taken December 16, 2009 denying the appeal for property at 585 Front Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB CommiHee Yes No
Civil Service Commission 2. Has this person/frtn ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages It Not Approved:
Total Amount of
Transaction: CosVRevenue Budgetetl:
Funding Source: Activity Number:
Financial Information:
(F�cplain)
December 23, 2009 1:36 PM Page 1
6 GISS 00
i
P ^a CITY OF SAINT PAUL
• ,�� ��
�° CITY CLERK'S OFFICE
October 14, 2009
Donjuan Do
15481 Yakima Court NW
Ramsey, MN 55303
RE: 585 Front Ave
Dear Mr. Do:
Your application for an appeal has been received and processed.
10-47
Please attend the public hearing before the Legislative Hearing Officer on Tuesday, October
15, 2009 at 11:00 a.m. in Room 330 City Hall and Courthouse to consider your appeal
concerning the above referenced properry. At that time the Legislative Hearing O�cer will hear
aii parties relative to this action. Failure to appear at the hearing may result in denial of your
appeal.
Sincerely,
���� �
Shari Moore
City Clerk
cc:
Leanna Shaff, DSI (Fire)
Phil Owens, DSI (Fire)
Marcia Moermond, Legislative Hearing Officer
Jerry Hendrickson, Deputy City Attorney
15 WEST KELLOGG BOULEVARD, SUI"TE.310 SAINT PAUl, MINNE50TA55102 Tel: 651-266-8688 Fa<: 651-266-8574 wwwstpaul.gov
An AffirmaUVe Act�on Equal Opportumry Employe�
APPLICA'T'ION FOR APPEAL
� S zint Paui City C`�erk
15 W. Ke7logg BIvd., � 10 City Hall
Saint Paui, Minnesota 55102
Telephone: (651) 256-8688
10-47
e`��CE�l�EC'
OC( ? 4 �uU�
CiTY GLE��
l. Address oi Properry be�ng Appealed: 2. Number oi Dwelling Units: 3. Date of Le�er Appealed:
5�35 ��ti �tvs S � . +`�u'`t � ` � ( z�c_.�j .
. r,n,.� c5�t'�-
4. Name of Owner. i70i. f,� 1 rAf}�� c�
Address: fS��1 '�l�KitVi/� l' � City: iZ�4rV1���_State: r�� i. J Zip:�ti.�r)3
Phone Numbers: Business
5. Appellant ( Applieaut (if other than owner):
Phone Nmubers: Business
Residence
Cellulaz -`3�v -1��L}-3
City:
Residence
_ Cellulaz
6 State specifically what is baing appealed' and why (ITse an attachment if necessary):
s
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- S
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�n
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NOTE: A$25.00 filing fe� made payabie tQ the City o#' Saint Paul must accompany this apgfication as a
necessary condition foa fiI�g. You must attach a copy of tha original orders and any other eosespondence relative
to this appeal. ,Any persoa unsat'tsfied by the final decision of the City Council' may obtain judicial review by
rimely filing of an acllon as provided by law in District Com2.
>ate Received:
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v
Fee
.��-�� c'���-
I3se Only f ' _
Receipt Numbe,r. Date of Hearing:
���.I� �f=�
10-47
DEPAATMENT OF SAFETY AND MSPECTIONS
Fire Inspection Division
Bab Kessler, Dirutor
CITY OF SAINT PAUL
ChristapherB. Coleman, Mayor
October 9, 2009
DONJUAN D DO
HUONG PHAN
15481 YAKIMA COURT 1VW
RA.MSEY MN 55303-4251
585 FRONT AVE
Deaz Property Representarive:
37� Jacksan Sbee{ Suite 220 Telephone. 651-2668989
SaintPau[, Minnesa+a S.i101-l806 Facsimde.� 651-26689�1
Web. www.stnaul.¢ov/dsi
Your building was inspected on October 9, 2009.
The building was found to be unsafe, unfit for human habitation, a public nuisance, 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 immediately or the building vacated.
CONDEMNATION OF THE BUILDING REVOKES THE FIItE 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 71.01 - The address posted is not visible from street. (HN-1)-Provide
reflective numbers or background or illuminate at night.
2. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good condition.
Exteriar - SPLC 34.09 (1) a, 34.32 (1) a- Provide and maintain foundation elements to
adequately support this building at all points.
4, 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.
5. Exterior - SPLC 34.09 (1) e, 34.32 (1) d- Provide and maintained the roof weather tight
and free from defects.
An Equal Opportunity Employer
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6. Exterior - SPLC 34.08 (5), 3431 (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.
7. Exterior - SPLC 34.08 (7) - All parking spaces shall be paved with asphalt, concrete, or
durable dustless surfacing. Before any existing spaces may be paved, site plan approval
must be obtained as specified in the St. Paul Zoning Code. Contact DSI Zoning at 651-
266-9090.
8. Exteriox - SPLC 45,Q3 (6) - Cut and maintain the grass(weeds less than 8 inches tall.-Cut
grass, weeds and overa bushes.
9. Exterior - SPLC 34.08 (1), 3431 (1) - All exterior property areas shall be maintained free
from any accumulation of refuse, garbage or feces.
10. Exterior - SPLC 34.11 (8), 3434 (4) - Provide approved garbage containers impervious
to weather.
11. Exterior - SPLC 34.09 (2) 3432 (2) - Provide an approved guardrail with intermediate
balustrade or rails 4 inches or less apart. This work may require a permit(s). Call DSI at
(651) 266-9090.
12. Exterior - SPLC 34.09 (2) 34.32 (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.
13. Exterior - SPLC 34.09 (2), 3432(2) - Repair or replace the unsafe stairways, porch, decks
or railings in an approved manner. This work may require a permit(s). Call DSI at (651)
266-9090.
14. Exterior - SPLC 163.03, 163.01 (2), (3) - Currently license (tabs) all vehicles on the
property and return the vehicles to an operative mechanical condition or remove vehicles
from the property.
15. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window glass.
16. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window lock.
17. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window sash.
18. Exterior - SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window screen.
19. Exterior - SPLC 34.08 (9) - Provide and maintain an average of 1 foot candle at the
pauement of garages and parking areas. This work may require a permit(s). Call DSI at
(651) 266-9090.
10-47
20. Exterior - SPLC 34.08 (2) - Provide and maintain the property grade to slope away from
the building to minimize the accumulation of water near the building. This work may
require a pemut(s). Call DSI at (651) 266-9090.
21. Exterior - SPLC 34.08 (3) - Provide and maintain suitable ground cover on all exterior
areas to control erosion.
22. Exterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways
and stairs.
23. Interior - SPLC 34.14 (2), 3434 (5) - Provide an approved electrical service adequate to
meet the buildings needs. This work may require a permit(s), call DSI at (651) 266-
9090.-Repair all outlets that are not working.
24. Interior - SPLC 34.23, MSFC 1101 - This occupancy is condemned as unfit for human
habitation. This occupancy must not be used until re-inspected and approved by this
office.-Lack of water.
25. Interior - MSFC 605.1- Alllight fixtures shall be maintained with protective globes if
originally equipped.
26. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the walls in an approved
manner.-Remove mold and paint walls throughout.
27. Interiar - SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 4715.0200.0 - Provide an
approved number and type of plumbing fixtures.-Repair all broken bathroom faucets and
hardware and replace all broken toilets.
28. Interior - SPLC 34.11(4), 34.34(1) SPC 4715.0200A - Provide an adequate water supply
to all water closets, sinks, showers and hxbs.-Immediately restore water.
29. Interior - SPLC 34.19 - Provide access to the inspector to all areas of the building.
30. Interior - SPLC 34.11 (6) - Provide and maintain a minimum of 68 degrees F in all
habitable rooms at all times.
31. 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 be in accordance with manufacturers instructions.
32. Interior-Unit 2- MSFC1026.1 - Provide and maintain an approved escape window from
each sleeping room. The minimum size must be 5 square feet of glazed area with a
minimum of 24 inches of openable height and 20 inches of openable width. With a
finished sill height not more than 48 inches. Refer to provide handout EW-1 far more
information.-Unit two egress windows inoperable, rotted.
33. SPLC 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 of the Saint Paul
Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office.
10-47
34. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and retum it to
this office.
You have the right to appeal these orders to the Leb slative Hearing Officer. Applications for
appeals may be obtained at the Office of the City Clerk, 310 City Hall, City/County Courthouse,
15 W Kellogg Blvd, Saint Paul MN 55102 Phone: (651-266-8688) and must be filed within 10
days ofthe date ofthe original orders.
If you have any questions, you may contact me at 651-266-8988.
Sincerely,
Lisa Martin
Fire Inspector
Email: lisa.martin@ci.stpaul.mn.us
Ref. # 105157
October 15, 2009 Legislative Hearing Minutes
4. Appeal of Donjuan Do to a Certificate of Occupancy Revocation, which includes
Condemnarion, for property at 585 Front Avenue.
10-47
Page 6
Donjuan Do, property owner, appeared. Elizabeth Sauer, SMRLS, appeared representin� the
tenants of the property.
Ms. Moermond stated that she had talked to the Inspector Supervisor, Leanna Shaff, who claimed
that she was confused and was unable to attend the hearing. Ms. Moexmond said it was her
understanding that the water had now been restored and the vacate date was now moot. In
reviewang the list of deficiencies of the property, it appeared that there had been a lot of deferred
maintenance issues which needed to be addressed.
Mr. Do stated that he had owned the property since 2006 and did not believe a condemnation and
order to vacate was warranted. He said he never received the condemnation order and order to
vacant and had obtained a copy from Ms. Sauer, the attorney for his tenants. He wasn't aware there
were issues at the property since he was not receiving mail at his mailing address and the tenants
never informed him of any problems. Since he had become aware of the deficiencies, he had hired
a contractor to replace and repair the windows. The contractor indicated to him that it may take two
to three weeks to get the windows and to install them. He had also hired a contractor to work on
some of the other repairs.
Ms. Moermond asked Ms. Sauer whether there was a court date set for a tenants' remedies action.
Ms. Sauer responded that there was a court date scheduled for the following day; however, since
she was able to make contact with the owner, they were working on an agreexnent to get the repairs
made and believed that he was willing to work on correcting the deficiencies at the property. She
said she also had received returned mail from Mr. Do at his listed mailing address.
Ms. Moermond went through the deficiency list, item by item, and imposed deadlines for
completion of the repairs. A copy of said deficiency list highlighting compliance dates for
completion of the repairs is attached and made a part of these minutes.
Ms. Moermond stated that she did believe the inspector was correct in finding that the property did
wanant condemnation given tY�e fact that the water had been shut off. She recommended denying
the appeal and granting an extension to vacate the property on the condition the deadlines are met as
outlined in the orders on the deficiency list. Ms. Moermond indicated that if the conditions far the
October 30, 2009 deadline had been met by the Council Public Hearing on November 4, she would
recommend continuing the public hearing to December 2 to allow time to complete the remainder of
the repairs. If compliance is met by that date, she would then recommend granting the appeal.
10-47
Exterior - SPLC 34.09 (1) a, 3432 (1) a- Provide and maintain foundation elements to
adequately support this building at all points.
November 23, 2009
4. Exterior - SPLC 34.09 (1) b,c, 3432 (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.
June 1, 2010
5. Exterior - SPLC 34.09 (1) e, 34.32 (1) d- Provide and maintained the roof weather tight
and free from defects.
June 1, 2010, provided there axe no leaks
Exterior - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain all exterior surfaces
on fences, sheds, gazages and other accessory structures free from holes and
deterioration. Provide and maintain exterior unprotected surfaces painted or protected
from the elements.
June 1, 2010
7. Exterior - SPLC 34.08 (7) - All parking spaces shall be paved with asphalt, concrete, or
durable dustless surfacing. Before any existing spaces may be paved, site plan approval
must be obtained as specified in the St. Paul Zoning Code. Contact DSI Zoning at 651-
266-9090.
June 1, 2010
8. Exterior - SPLC 45.03 (6) - Cut and maintain the grass/weeds less than 8 inches tall.-Cut
grass, weeds and overgrown bushes.
November 6, 2009
9. Exterior - SPLC 34.08 (1), 34.31 (1) - All exterior property areas shall be maintained free
from any accumulation of refuse, garbage or feces.
November 6, 2009
10. Exterior - SPLC 34.11 (8), 3434 (4) - Provide approved garbage containers impervious
to weather.
November 6, 2009
10-47
CITY OF SAINT PAUL
Christopher B. Coleman, Mayor
October 9, 2009
DONNAN D DO
HUONG PHAN
15481 YAKIMA COURT NW
RAMSEY MN 55303-4251
��y:z�r���vy
Deaz Properiy Representative:
DEPARTMENT OF SAFETY AND INSPECTIONS
Fire Inspection Division
Bob Kessler, Director
375.7ackson Street, Suite 220 Telephone: 651-266-8989
Saint Paul, Minnesota SSIOI-L806 Facsimile: 657-266-8951
Web: wrvw sinauLzov/dsi
Your building was inspected on October 9, 2009.
The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazard to
the public welfaze or otherwise dangerous to htunan life. A Condemnation Placazd has been
posted on the building.
The following deficiency [ist must be completed immediateIy or the building vacated.
CONDEMNATION OF THE BUILDING REVOKES THE FIRE CERTIFICATE OF
OCCUPANCY.
Failure to complete the corrections may result in a criminal citation. The Saint Pau1 Legislative
Code requires that no building be occupied without a Fire Certificate of Occupancy.
DEFICIENCY LIST
Below is a list of compliance deadlines as recommended by the Legislative Hearing Officer at
the hearing on October 15, 2009:
1. Exterior - SPLC 71 A1 - The address posted is not visible from street. (HN-1)-Provide
reflective numbers or background or illuminate at night.
November 23, 2009
2. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door in good condition.
October 30, 2009
An Equa1 Opportunity Employer
g E)-�'
11. Exterior - SPLC 34.09 (2) 3432 (2) - Provide an approved guardrail with intermediate
balustrade or rails 4 inches or less apart. This work may require a pernut(s). Call DSI at
(651) 266-9090.
November 6, 2009
12. E�:terior - SPLC 34.09 (2) 3432 (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.
November 6, 2009
13. Exterior - SPLC 34.09 (2), 3432(2) - Repair or replace the unsafe stairways, porch, decks
or railings in an approved manner. This work may require a permit(s). Call DSI at (651)
266-9090.
Immediately
14. Exterior - SPLC 163.03, 163.01 (2), (3) - CurrenUy license (tabs) all vehicles on the
property and return the vehicles to an operative mechanical condition or remove vehicles
from the property.
November 23, 2009
15. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window glass.
16. Exteriar - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window lock.
17. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash.
18. Exterior - SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window screen.
All by November 6, 2009; may request an extension of time
19. Exterior - SPLC 34.08 (9) - Provide and maintain an average of 1 foot candle at the
pavement of garages and parking areas. This work may require a permit(s). Call DSI at
(651) 266-9090.
November 23, 2009
20. Exterior - SPLC 34.08 (2) - Provide and maintain the properiy grade to slope away from
the building to minimize the accumulation of water neaz the building. This work may
require a permit(s). Call DSI at (651) 266-9090.
June 1, 2010
21. Exterior - SPLC 34.08 (3) - Provide and maintain suitable ground cover on all exterio:
areas to control erosion.
June 1, 2010; must take remedial action to prevent further erosion until final repair is made
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22. E�cterior - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways
and stairs.
November 23, 2009
23. Interiar - SPLC 34.14 (2), 3434 (5) - Provide an approved elechical service adequate to
meet the buildings needs. This work may require a permit(s), call DSI at (651) 266-
9090.-Repair all outlets that aze not working.
November 23, 2009
24. Interior - SPLC 34.23, MSFC 1101 - This occupancy is condemned as unfit for human
habitation. This occupancy must not be used until re-inspected and approved by this
office.-Lack of water.
Water has been restored
25. Interior - MSFC 605.1- All light fiatures shall be maintained with protective globes if
originally equipped.
November 23, 2009
26. Interior - SPLC 34.10 (7), 34.33 (6) - Repair and maintain the walls in an approved
manner: Remove mold and paint wa11s throughout.
October 30, 2009 to remove mold; paint by November 23, 2009
27. Interior - SPLC 34.11, SBC 2902.1, SPLC 34.1�, MPC 4715.0200.0 - Provide an
approved number and type of plumbing fixtures: Repair all broken bathroom faucets and
hazdware and replace all broken toilets.
October 30, 2009 to replace broken toilets; November 23, 2009 to repair remainder of plumbing
28. Interior - SPLC 34.11(4), 3434(1) SPC 4715.0200A - Provide an adequaxe water supply
to all water closets, sinks, showers and tubs.-Immediately restore water.
Water has been restored
29. Interior - SPLC 34.19 - Provide access to the inspector to a11 azeas of the building.
Whenever re-inspection is scheduled
30. Interior - SPLC 34.11 (6) - Provide and maintain a m;nimum of 68 degrees F in all
habitable rooms at all times.
Immediately
10-47
31. 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 azea.
Installation shall be in accordance with manufacturers instructions.
November 23, 2009
32. Interior-Unit 2- MSFC1026.1 - Provide and maintain an approved escape window from
each sleeping room. The minimum size must be 5 square feet of glazed area with a
minimum of 24 inches of openable height and 20 inches of openable width. With a
finished sill height not more than 48 inches. Refer to provide handout EW-1 for more
information.-Unit two egress windows inoperable, rotted.
November 6, 2009; may request an extension of time
33. SPLC 34.11 (6), 3434 (3) - Provide service of heating faciliry 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.
November 23, 2009
34. SPLC 39A2(c) - Complete and sign the provided smoke detector affidavit and return it to
this office.
November 23, 2009
You have the right to appeal these arders to the Legislative Hearing Officer. Applications for
appeals may be obtained at the Office of the City Clerk, 310 City Hall, 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, you may contact me at 651-266-8988.
Sincerely,
Lisa Martin
Fire Inspector
Email: lisa.martin@ci.stpaul.mn.us
Re£ # 105157