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10-632Council File # � Green Sheet # ��� Presen[ed by RESOLUTION 41N� PAUL, MINNESOTA C� 1 WHEREAS, adverse action was taken against the Second Hand Dealer- Motor Vehicle and Auto 2 Repair Garage licenses held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales (License ID 3#19990001008) for the premises located at 1236 Arcade Street in Saint Paul by Notice of Violation dated 4 May 13, 201Q alleging during inspections on November 30, 2009, March 10, 2010 and May 5, 2010, 5 licensee was in violation of license condition #2 by having more than thirty-seven (37) cars parked on the 6 lot; and violation of license condition #6, by having a vehicle parked in the driveway blocking the sidewalk 7 and licensee was cited for a violation of §65.705 of the Zoning Code for outdoor storage of tires and 8 miscellaneous items; and 9 10 WHEREAS, one of these violations occurred within twelve (12) months from the licensee's last 11 appearance before City Council, so the licensing office recommended a$1,000.00 matrix penalty and 12 imposition of the thirty (30) day suspension stayed by City Council on February 18, 2009 on the condition 13 that the licensee have no further violations for twenty-four (24) months (CF #09-191); and 14 15 WHEREAS, the licensee did nat respond to the Notice of Violation to request a public or 16 administrative hearing; and 17 18 WHEREAS, the Notice of Violation stated that if the licensee failed to request a public or 19 administrative hearing by May 24, 2010, that the matter would be placed on tbe consent agenda to impose 20 the recommended penalty; now, therefore, be it 21 22 RESOLVED, that the Auto Repair Garage and Second Hand Dealer — Motor Vehicle licenses held 23 by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales are hereby suspended for thirty (30) days. Said 24 suspension shall become effective at 12:01 a.m. on Wednesday, July 7, 2010 and last until Tuesday, 25 August 10, 2010. 26 27 FURTHER RESOLVED, the licensee is ordered to pay a matrix penalty of $1,000.00. Payment of 28 such penalty shall be made within thirty days of the date of the adoption of this resolution. Bostrom Car[er Stark Thune Adopted by Council: Date ✓ Adoption CerGfied by Cou� 'I Secretazy By ' / - r� Approve y May �. Date l.,(/ zZ-� By: Requested by Department of: �:��aA.l a �YI.oC.., ��a i0?%L.��»� BY /"� �N� Form ed by City Attorney B �� �_ � � � Form Appr ved y�avor for miss� n to C uncil By: Yl ��� � �♦ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet , DepartmenUOfficelCouncii: , Date Initiated: � S� _Dept.ofSafety&Inspections � 03JUN2010 �', GCeeI� SheGt NO 3114196 i Contact Person & Phone: , Department Sent To Person InitiallDate ' Rachel Tiemev � o De➢L ofSafetv & Inspections 266$7�� � , 1 DeptofSafeh&Inspections ' DeoartmentD'uector � Assign 2 CiryAttoroev ' C1riAttornev Must Be on Council Agenda by (D e): � Number � 3 'Mavor•s Offce ' Mavor/Assisfant ' ' , 16-JUN-10 (c��� ' For �� , , Routing 4 Council City CanncO ; Doa Type: RESOLUTION Order 5 Ctiry Clerk Citv Clerk ' ', E-Document Required: Y Document Contact: �ulie Kraus ConWCt Phone: 266-8776 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the atTached resolution to take adverse ac[ion against the Second Hand Dealer - Motor Vehicle and Auto Repas Gazage licenses held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales (License ID#19990001008) for the premises located at 1236 Arcade Street in Saint Paul. Recommendations. Approve (A) or Reject (R). Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this personlfirm ever worked under a contract for this department? Yes No 2 Has this person/irm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was cited for several license condition violations and a violation to Section 65.705 of the Zoning Code during inspections on November 3Q 2009, March 1 Q 2010 and May 1 Q 2010. After notification, licensee did not respond to the Nodce of Violation. Advantages If Approved: $1,000.00 matrix penalty and imposition of thirty (30) day suspension stayed by City Council on February 18, 2009 (CF #09-191). Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) Cost/Revenue Budgeted: Activity Number: .lune 3, 2010 1:44 PM Page 1 CF 10-632 OFFICE OF THE CITY ATTORNEY Gera(d L Hendnckson, CityAttomey SwINT PAVL CITY OF SAINT PAUL CivilDivrsion � Chnstopher 8. Coleman, Mayor 400 C�fy Hall Telephone: 651266-8710 15 West Kellogg Blvd. Facsimile: 657 298-5679 11AAA Saint Paul, Minnesota 55702 May 13, 2010 NOTICE OF VIOLATION Nasseh Ghaffari Heartland Auto Sales. 1236 Arcade Street St. Paul, MN 55117 RE: Second Hand Dealer — Motor Vehicle and Auto Repair Garage licenses held by Heaztland Auto Sales, Inc. d/b/a Heartland Auto Sales for the premises located at 1236 Arcade Street in Saint Paul License ID #19990001008 Dear Mr. Ghaffazi: The Department of Safety and Inspections (DSn has recommended adverse action against the Second Hand Dealer — Motor Vehicle and Auto Repair Garage licenses held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales for the premises located at 1236 Arcade Street in Saint Paul. The basis for this deternunation as as follows: On November 30, 2009, a DSI Inspector came to your establishment for an inspection and found the following license condition violations: 1) counted forty- four (44) cars in the lot. This is a violation of license condition #2 which states: ....the site plan may be revised for striping of parking spaces on the lot for up to 37 total vehicles to be parked on the lot, incPuding up [0 37 parking spaces for vehicle for sale and at least 6 parking spaces reserved for employees and customers, of which at least 3 shall be designated as customer parking and I as handicapped parking."and 2) a vehicle parked in the driveway blocking the sidewalk which is a violation of license condition #6 which states: "Vehicles intendedfor sale shaZl not be parked on arty street or project into a public right-of-way." The inspector observed tires and bags of garbage stored outside behind the metal shed in violation of §65.705 (d) of the Zoning Code relating to Auto Repair Stations which states: "There shall be no outdoor storage". Affirmative Actian Equal Ororoortunitv EmDlover CF 10-632 Heartland Auto Sales May 13, 2010 Page 2 On March 10, 2010, a DSI Inspector came back to your establishment for an inspection and found the following license condition violation: 1) counted fifty-one (51) cars in the lot which is a violation of license condition #2 which states: ....the site plan may be revised for striping of parking spaces on the Zot for up to 37 total vehicles to be parked on the Lot, including up to 3I parking spaces for vehicZe for sale and at least 6 parking spaces reserved for employees and customers, of which at least 3 shall be designated as customer parking and I as handicapped parking." The inspector observed tires and other items stored outside behind the metal shed in violation of §65.705 (d) of the Zoning Code relating to Auto Repair Stations which states: "There shalt be no outdoor storage". On May 10, 2010, a D5I Inspector came back to your establishment and found the following license condition violations: 1) counted �fty-three (53) cars in the lot which is a violation of license condition #2 which states: ....the site plan may be revised for striping of parking spaces on the lot for up to 37 total vehicles to be parked on the lot, including up to 3I parking spaces for vehicle for sale and at least 6 parking spaces reserved for employees and customers, of which at Zeast 3 shall be designated as customerparking and I as handicapped parking.'; 2) a car with a wheel missing up on a jack which is a violation of license condition #5 which states: "Retail auto repair is prohibited. The indoor repair bays may only be used for minor repairs in preparation of vehicles for sale." The inspector observed a red truck on the lot with tires stored in the bed in violation of §65.705 (d) of the Zoning Code relating to Auto Repair Stations which states: "There shall be no outdoor storage". Based on the fact that one of the violations occuned within twelve (12) months from your last appearance before City Council, the licensing office will recommend a$1,000.00 matrix penalty and imposition of the thirty (30) day suspension that was stayed on February 18, 2009 by City Council on the condition that you have no further violations for twenty-four (24) months (see attached CF #09-191). At this time, you have two options on how to proceed: If you wish to admit the facts but contest the pena]ty, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We wiil need to receive your ]etter by Monday, May 24, 2010. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the $1,000.00 matrix penalty and 30-day suspension. You will have an opportunity to appear before the Council and make a statement on your own behalf. 2. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that heazing both you and the City will be able to appeaz and present witnesses, evidence and cross- examine each other's witnesses. The St, Paui City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, May 24, 2010, and I will take the necessary steps to schedule the administrative hearing. Affirmative Action Equal Opportunity Employer CF 10-632 Heartland Auto Sales May 13, ZO10 Page 3 If you have not contacted me by that date, I will assume that you do not contest the imposition of the $1,000.00 matrix penalty and the 30-day suspension. In that case, the matter wiil be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, (���� ��, �--� Rachel Tiemey Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Nasseh Ghaffari, 13443 Flagstaf Avenue, Apple Valley, MN 55124-7989 I.eslie McMurray, Exec. Director, Payne Phalen District 5 Planning Council 506 Kenny Road, Ste. 130, St. Paul, MN 55130 Affirmative Action Eaual OnDOrtunitv EmDlover STA'I'E OF NfINNESOT t ` , ss. COUNTY OF RAMSEY ) AFFIDAVIT OF 5�,._ JICE BY U.S. MAIL CF 10-632 Julie Kraus, being first duly swom, deposes and says that on the ��� day of May, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Nasseh Ghaffari Heartland Auto Sales. 1236 Arcade Street St. Paul, MN 55117 Nasseh Ghaffari 13443 Flagstaf Avenue Apple Valley, MN 55124-7989 I,eslie McMurray, Exec. Director Payne Phalen District 5 Planning Council 506 Kenny Road, Ste. 130 St. Paul, MN 55130 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � Ju ' Kraus Subscribed and sworn to before me this / 3�` day of May, 2010 �/���� ��� Notary Public RRA M. BOSSARD NORARYPUBLIC•�tlNNESOTA MY COMMISSION EXPIRES JAN. 31, 2095 CF 10-632 �' �Q �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Shee# Green Sheet s+ _°e�°'s�r�'a',��°TM5 � so-�P.ri-os ; Green Sheet NO: 3Q66517 Cantast 4eison & Phottc � ; Must Be en Cou qqen �8-FEB-09 (I�. 61 a Doa Type: ��LUTYON � ____� ~ (�e): i Number � � For Ruvt�c�y Order E-Dceumenf Required: Y DocannentContacf: JWieKraus Gonfact Phone: 2668776 I I Totel � of Signature Pages _(Clip All Locations for Signature) Approval of the ariached resolution to take adverse activn against the Auto Repair Garage and Second Hand Deateo-Mof.or Velucle licenses held by HeattIand Auto Sales, inc. d/b/a Hearttand Auto Sales (License ID #] 9990001008) for ffie premises located at 1236 Atcade Stceet in Sainf Paul. Recommendffiions: Approve (A) or Reject (R): Planning Commission CIB Committee . Civil Service Commission Personal Service Contracts MustAnswerthe Foilowing ques3ions: t. Has ihis personmrm ever worked under a contract tor this department? Yes No 2. Has ihis personlhrtn ever been a dty employee? Yes No 3. Does thfs persorJfirtn possess a skill not normalty possessed by any cu`rent city emptoyee? Yes No Expfain aYt yes answers on separafe shee{ and a;tach to green sheet. Inkiating problem, Issues, Oppoctuniry (Who, What, When, Where. Why): On December 24, 2008, a DSI Inspectot came to licensee's establishment on a complaint and noted foriy-eight (48} cars on the Iot in violation of license condidon #2. ARer notification, licensee requested a public hearing. Advantages If Approred: $1,0OO.Op mahix penaity and imposition of twenty-five (25) day suspension per Council Resolurion �lII7-714. Uisadvantages If Approved: Oisativarrtages lf Not AppfoVed: Total qmou� of Transaction: Funding Source: Fnancial tnformation: (E�lain) CosVRevenue BudgeteQ AcNvity Number. January 30, 2009 10:48 AM Paga 1 CF 10-632 Substitute 2/25/2009 Council File # 09-191 Green Sheet #�_� RESOLUTION OF SAINT PAU�, MINNES�TA . .% 1 WI�REAS, adverse action was taken against the Auto Repair Garage and Second F3and Dealer- 2 Motor VeIucle licenses held by Heartland Auto Sales, Tnc. d/b/a Heartland Auto Sales (License ID 3#14990001008) for the premises located at 1236 Arcade Street in Saint Paul by Notice of VioIation daied 4 3anuary 15, 2009, aileging licensee had forty-eight (48) cazs on the licensed premises in vioiaYion of 5 license condition #2; and 6 7 WHEREAS, this was the second violation within twenty-four (24) months, per Saint Paul 8 Legislative Code §310.05 (m)(1}, the licensing office recommended a$1,000.00 matrix penalty and 9 imposirion of the twenty-five (25) day suspension per Council Resolution #07-714; and IO 11 WHEI2EAS, licensee has three prior adverse actions before the Council; the first from February 4, 12 2Q04 for too many cars in violation of license condition #2, the second from October 5, 2005 for too many 13 cars in violation of lacense condition # 2, and the third from August 8, 2007 for violarion of license 14 conditions and other violations; and IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the licensee did respond to the Notice of Violauon to request a hearing which was held on February 18, 2009; now, therefore, be it RESOLVED, that the Auto Repair Gazage and Second Hand Dealer - Motor Vehicle licenses held by Heartland Auto Sales, Inc. dlbJa Heartland Auto Sales are hereby suspended for twenty-five (25) days. 5aid suspension shall become effective at 12:Oi a.m. on Wednesday, March 18, 2009 and last unUl ll:59 p.m. Saturday, April 11, 2Q09 and be it FURTHBR RESOLVED, that deviation from the penalty matrix in St. Paul I.eg. Code § 310.05 is appropriate because this adverse action is treated as a second violation under the penalty matrix due to the age of the other violations but is in reality the fourth appearance before the council for violations of license conditiotts and the third appearance before the council for violation of license condition number 2; and FUATF�R RESOLVED, that a fine af $1,000.00 and a thirty (30) day suspension of all licenses is imposed against ail licenses held by Heartland Auto Sales, Inc. dlbla Heartland Auto Saies (License ID # 19990001008) located at 1236 Arcade Street in Saint Paui, however the thirty (30) day suspension is stayed for twenty four (24) manths on the condition that there be no further violations; and be it CF 10-632 09-191 34 36 FI7R'TI�R RESOLVED, the licensee is ordered to pay a matrix penalry of $ I,000.00. Payment of 37 such penalty shail be made within thirty days of tha date of the adoption of this resolution. 38 39 40 41 42 43 TIus zesolution, and action taken above, is based upon facts contained in the January 15, 2009, Norice of Violation sent to the licensee and the azguments made at the public hearing on February I8, 2Q09 Carter Harris �� Requested by Departrnent of: � ��a Adopted by Covncil: Date Adoption Certified by Co aeil Secretary $Y� _ �/�i _A� � �0�� Approv by ydf: Date � By: ���,� Form roved by City Attomey By: Form Approved by Mayor for Submission to Council sy: CF 10-632 Page 1 of 1 Sec. 65.705. - Auto repair station. A place where the following services may be carried out: general repair of automobiles, trucks, motorcycles, boats, etc.; engine rebuilding; and rebuilding or reconditioning of motor vehicles. The sale of engine fuels may or may not also be carried on. Standards and conditions: (a) The minimum lot azea shall be fifteen thousand (15,000) square feet. �) A ten-foot landscaped buffer with screen planting and an obscuring fence shall be required along any property line adjoining an existing residence or adjoining land zoned residential. (c) All repair work shall be done within an enclosed building. (d) There shall be no outside storage. http://library.municode.com/showDocument.aspx?clientID=10061&docID=O 5/13/2010 CF 10-632 Chapter 310. Uniform Licen °rocedures Page 1 of 3 (m} Presumpfive penalties for cerfain violations. The purpose of this section is to estabfish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall apply to ali license types, except that in the case of a violation involving a fiquor ficense § 409.26 shalf apply where a specific violation is listed. In the case of an adverse action filed for a violation of chapter 331A, the licensee shall be given a fine for each individual violation of § 331A. The total fine amount for violations of § 331A may exceed the maximum fine outlined below due to multiple violations in one (1) appearance. A!I penalty recommendations for chapter 331A violations sha{I be based on the food penalty guideline referred to in chapter 331A. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in a� individual case where the council fnds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. TABLE INSET: Type of Violation Appearance 1st 2nd 3rd 4th (1) Violations of conditions $500.00 fine $1,000.00 $Z,000.00 fine Revocation pfaced on the license fine and 10-day suspension (2) Violation of provisions of $2,000.00 fine the legislative code relating $500.00 fine $1,000.00 and 10-day Revocation to the licensed activity fine suspension (3) Violation of provisions of the legislative code relating $2,000.00 fine to the licensed activity, $500.00 fine $1,000.00 and 10-day Revocation other than violations of the fine suspension food code (4) Failure to permit 5-day 10-day 15-day Revocation entrance or inspection by suspension suspension DSI inspector or police suspension (5) Commission of a crime other than a felony on the 5-day Revocation premises by a licensee or $700.00 $1,500.00 suspension employee (6) Commission of a felony on the premises by a $2,000.00 Revocation n/a n/a licensee or empfoyee (7) Death or great bodily harm in establishment 30-day 60-day related to violation of law or suspension suspension Revocatio� n/a license conditions (8) Failure to pay license Revocation fees (9) Critical viofations under $1,000.00, 5- Revocation 331A $250.00 $500.00 day suspension (10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00 under331A (i} Fines payable without hearing . 10-632 Chapter 310. Uniform Licen 'rocedures Page 2 of 3 A. Notwithstanding the provisions of section 310.05(c), a licensee who wouid be making a first or second appearance before the council may elect to pay the fne to the Department of Safety and Inspections without a council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. B. For adverse action initiated under Chapter 331A of this Code, a fine may be paid without a hearing regardless of how many prior appearances that licensee has made before the Council. The above council hearing requirement applies to violations under Chapter 331A unless the fine recommended by the Department of Safety and Inspections is equal to or less than the fine amount outlined in the above matrix. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. A non-critical violation under chapter 331A shall not be considered an "appearance" for purposes of determining presumptive penalties for non-331A violations. A council hearing is required if the Department of Safety and Inspections recommends a fine that is an upward departure for the amount outlined above. (ii) Multiple violations. At a licensee's first appearance bef-0re the city council, the council shall consider and act upon all the violations that have been alleged and/or incorporated in the notices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under the "1st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penalties in the council's discretion. (iii) Violations occurring after the date of the notice of hearing. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the "1st Appearance." In all other cases, violations occurring after the date of the formal notice of hearing shall be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance before the council. (iv) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particular licensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, non-critical violations of Chapter 331A shall not be counted as an "appearance" before the Council in relation to any violation other than another violation of Chapter 331A. (v) Computatron of time. (1) If a licensee appears before the council for any violation in paragraph (m) where that violation has occurred within twelve (12) calendar months after the first appearance of the same licensee for a violation listed in paragraph (m) above or section 409.26, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. (2) If a Iicensee has appeared before the council on two (2) previous occasions Chapter 310. Uniform Licen °rocedures CF 10-632 Page 3 of 3 for violations listed in paragraph (m) or section 409.26, and if said licensee again appears before the council for a violation listed in paragraph (m), and if the current violation occurs within eighteen (18) calendar months of the violation that gave rise to the first appearance before the council, then the current appearance shall be treated as a third appearance for the purpose of determining presumptive penalty. (3) If a licensee has appeared before the council on three (3) previous occasions, each for violations listed in paragraph (m) or section 409.26, and if said licensee again appears before the council for a violation contained in paragraph (m), and if the current violation occurred within twenty-four (24) calendar months of the violation that gave rise to the frst appeara�ce, then the current appearance shall be treated as a fourth appearance for the purpose of determining the presumptive penalty. (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance. In case of multiple violations in any appearance, the date to be used to measure whether twelve (12), eighteen (18), or twenty-four (24) months have elapsed shall be the date of the violation last in time at the first appearance, and the date of the violation first in time at any subsequent appearance. (5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second appearance before the council regarding a death or great bodily harm in a licensed establishment that is related to a violation of the law or license conditions shall be counted as a second appearance, regardless of how much time has passed since the first appearance if the first appearance was also regarding a death or great bodily harm in a licensed establishment. A third appearance for the same shall be counted as a third appearance regardless of how much time has passed since the first or second appearance. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13- 94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. 05-180, § 1, 4-6-05; C.F. No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. 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