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10-73Council File #_�� ? Green Sheet# 3095217 Presented by BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative heazing record and testimony heazd at public hearing on January 6, 2010 hereby memorializes its decision to certify and approve the December 15, 20Q9 decision of the Legislative Heazing Officer for the following address: 6 ADDRESS 164 Geranium Avenue West APELLANT Michael Gralish 9 10 Decision: Appeal denied and refening the property to the Vacant Building Program, and waiving the 11 vacant building fee for 90 days. The property owner must obtain a certificate of code compliance before 12 the property can be re-occupied. Appeal denied and extension granted to June 30, 2010 to complete the 13 exterior repairs. Carter Bostrom Harris Yeas Requested by Department of: Adopted by Council: Date � Adoption Certified by Coun il Secretary By: Approved ` 3� Date t �� / B � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: RESOLUTION �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet !n-�� � DepartmentlOffice/Council: Date Initiated: � co-�°°n��� ,2��zo,o Green Sheet NO: 3095217 Contad Person 8 Phone: Deoar6neet SeM To Person Initial/Date Marcia Moermond y o omcit 0 6-8570 1 ooncil De artment Director Assign Z 'tv Clerk Ci Clerk Must Be on Council Agenda by (Date): Number 3 0 Fof 4 0 Routing Doc. Type: RESOLUTION Order 5 0 E-Document ReqUired: Y Document ConWCt: Mai Vang Contact Phone: 68563 ToWI # of Signature Pages _(Clip All Lowtions for Signature) Adion Requested: ResoluGon memorializing City Council action taken January 6, 2010 denying the appeal, referzed to Vacant Building Program with fee waived for 90 days, Certificate of Code Compliance required for re-occupancy, and extension granted for exterior repairs for property at 164 Geranium Avenue West. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a contrect for this department? CIB Committee Yes No Civil Service Commission 2. Has thi5 person/firm evef been a cily employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain ail yes answers on separate sheet and attaeh to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AtivanWgeslfApproved: Disadvantages If Approved: Disadvantages If Not Approved: ToWI Amount of Trensaction: Cost/Revenue Budgeted: FUnding Source: Activity Number: FinanCial information: (Explain) January 12, 2010 3:57 PM Page 1 R , <. . �� '� � o {n°i�° ; December 9, 2009 Michael Gralish 2031 8rennerAve Roseville, MN 55113 RE: 164 Geranium Ave W Dear Mr. Gralish: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. (o -� � �a�� �� ����. Please attend the public armg before the Legislative Hearing Officer on Tuesday, December 15, 2009 at ti:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. Atthattime the Legislative Hearing Officer will hear all parties relative to this action. Failure to appear at the hearing may resuit in denial of your appeal. Sinc rely, � G'�'�� , Shari Moore City Clerk CG: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legisiative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 4VEST KELLOGG BOULEVARD, SUTTE 310 SAINT PAUL, MINNESOTA55102 Tel: 651-266-8688 Fax: 651-2668574 wwwstpassl.gov M A�rtnative Action Equal Opportumry Employer ���,:fi, : �r.�;. � �; ���1" APPLICATION FOR Al'PEAL Saint Pat1 City C"terk 1� W. KeIIogg Blvd., 910 City Hall Samt Paul, Minnesota 55102 'FeIephone: (65I) 266-8688 1. Address of Properry being Appealed: i� �� � �����d� ��� D£C � � `U�'� ��' �1 2. Number oi Awelli� Units: � 3. Date of Letter �/– ��—� �t. Na�ne of Owner. ,�> ��7�� ��/` r`�C�� � 1 S� Address:�'i�f �j��.'���� City: �1�� �9tate:_��ip:.�✓��� Phone Numbers: Business 5. Appellant / Appliearit (if other than owner}: Address: City: State: Phone I�Ttuabers: Business iZesidence�✓� '�i � ✓ � CeIlular Residence Cellulaz 6 State specifically w�ai is being a�pealed'and wk�y (ITse aa attachment if necessarg): ,. ,�� , , fl n C � NOTE: A$25.00 filing fee made payable To the City of Saint Pau1 must accompany this application as a necessary conditioa #or filing. You must atta"eh a copy of the original c>rders and any other cozrespondence relative to this appeai. l�ny pezson unsarisfied by the final decision of thP City Council may obtain judicial review by �maly fiIing of an action as provided by law in IJistrict Co�ut. � For O€fice Use Ouly `� Received: Fee Received: Receipt Number. Date of Heanh ��� p� � DEruz�T oF sr.�� r.� misracnoxs Fire Inspection Di�nsion Bob KessZer, Direc[or � � �� � CITY OF SAINT PAUL Christopher B. Caleman, Mayor November 30, 2009 MICHAEL A GRALISH GLORIA L GRALISH 2031 BRENNER AVE ROSEVII,LE MN 55113-1208 RE: 164 GERANICJM AVE W Deaz Property Representative: 375JacksonStreet.Suite220 Telephone: 6i1-266-8989 SaintPaul,Minnuota55701-1806 Facsmile: 651-266-8957 Web: wwwstpauZeov/dri Your building was inspected on November 30, 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 htunan life. A Condemnation Piacard has been posted on the building. The foilowing deficiency list must be completed immediately or the building vacated. Please contact Jim Seeger to schedule a code compliance insuection at: 651-266-9Q46. CONDEMNATION OF THE BUII,DING REVOKES TI� FIRE CERTIFICATE OF OCCUPANCY. Failute to complete the corrections may result in a criminal citation. The Saint Paul Legislative Code requires that no building be occupied without a Fue Certificate of Occupancy. DEFIClENCY LIST Exterior - SPLC 71.01 - The address posted is not visible from sireet. (FIN-1)-Provide reflective nuxnbers or background or illuminate at night. 2. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door in good condition. 3. 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.-Paint all exterior peeling azeas on the house and garage. 4. Exterior - SPLC 34.09 (i) e, 34.32 (1) d- Provide and maintained the roof weather tight and free from defects.-Repair or replace the damaged roof on the house and garage. An Equal Oppomuiity Employer ( U-�� 5. Exterior - SPLC 34.08 (5), 3431 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, gazages and other accessory structures free from holes and deteriaration. Provide and maintain exterior unprotected surfaces painted or protected from the elements.-Repau or remove the gazage. Replace the roof, broken garage doors, and paint. Also repair or replace the broken fence. 6. Exterior - SPLC 34.08 (1), 3431 (1) - All exterior property areas shall be maintained free from any accumulation of refuse, gazbage or £eces.-Remove the over-flowing dumpster. 7. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window glass.-Replace ali missing windows. 8. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window frame. 9. Exterior - SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window screen. 10. interior - MSFC 60�.6 - Provide electrical cover plates to all outlets, switches and junction boxes where missing. 11. Interior - MSFC 605.1 - Repair or replace damaged electrical fixtures. This work may require a pernut(s). Call DSI at (651) 266-9090. 12. Interior - MSFC 605.1 - Remove unapproved exposed wiring and install in accordance with the electrical code. This work may require a pernut(s). Call DSI at (651) 266-9090. 13. 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 wali in all bathrooms. This work may require a pemut(s). Call DSI at (651) 266-9090. 14. Interiar - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. 15. Interior - NEC 110-26 - Provide and maintain a minimum of 36 inches clearance in front of all electrical panels. i 6. � Lnterior - SPiC 34.23, MSFC 110.1 - This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re-inspected and approved by this office. 17. Tnterior - SPLC 34.1� (7), 3433 (6) - Repair and maintain the walls in an approved manner.-Complete renovations under pernut. 18. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Complete renovations under permit. 19. Interior - SPLC 34.10 (7), 3433 (6) - Repair and maintain the ceiling in an approved manner.-Complete renovations under pemut. f U�� 20. Interior - UMC 504.6 - Provide, repair or replace the dryer e�aust duct. E�aust 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 incbes (102 mm) in diameter. The entire e�aust system shall be supported and secured in place. 21. Interior - SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 4715.0200.0 - Provide an approved number and type of piumbing fixtures.-Provide a ldtchen sink, and remove the illegal kitchen and illegal unit from the basement. 22. Interior - SPLC 3411 (5), 3434 (2) - Contact a licensed contractor to repair or replace the water heater. 'Phis work may requue a pernut(s). Call DSI at (651) 266-9090. 23. Interior - SPLC 34.11 (6) - Frovide and maintain a minnnum of 68 degrees F in all habitabie rooms at a11 times. 24. Interior - SPLC 34.13 (4) - Provide and maintain a minimum egress window sill height of 48 inches. Refer to provide handout EW-1 for more intormarion.-Illegal bedroom in the basement-Remove. s 25. Interior - MSFC 10033.1.8 - Remove unapproved locks from the unit doors. The door must be openable from the inside without the use ofkeys or special laiowledge or effort. 26. 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 Mazshal's Existing Fuel Burning Equipment Safety Test Report to this office. 27. 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://www.ci.stpaui.mn.us/index.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 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, email me at: lisa.martin@ci.stpaul.mn.us or call me at 651-266-8988 between 6:30 - 830 a.m. Please help make Saint Paul a safer place in which to live and work. Sincerely, Lisa Martin Pire Inspector December 15, 2009 Legislative Hearing Minutes ���/12, Page 7 % 6. Appeal of Michael Gralish to a Certificate of Occupancy Revocation, which includes Condemnation, for properry at 164 Geranium Avenue West. Michael Gralish, property owner, appeared with his son, Cory Gralish. Leanna Shaff, Fire — DSI, appeared on behalf of the department. Ms. Shaff stated that a complaint was received on November 6, 2009 that there were five people living in the house, there was loose wiring, the house was filled with trash, the garage was filled with trash, there was no trash hauling service at the property, and people burned trash. On November 9, Tnspector Martin went to the property and there was no answer. She sent an appoinrinent letter to inspect the property on November 19. On November 18, the property owner contacted the inspector and requested an extension which Inspector Martin rescheduled to November 30. On November 30, Inspector Martin inspected the property and found the kitchen had been gutted, there was no electricity, there were what appeared to homeless people living there, and she condemned the building as uninhabitable placing placards on the exterior of the building. The vacate was immediate given the conditions found at the property. Cory Gralish stated that the house had been his grandparents' house and he had moved into it approximately four years ago. He explained that he was a recovering drug addict and took in recovering addicts who had no place to go. Currently, there was a family friend who was a recovering addict who was living with him. He said that he was trying to rehab the kitchen; however, he ran out of money. He was currently using the basement as a kitchen unit as it had a wet bar as well as a couple of refrigerators. Ms. Shaff stated that there were no permits for any of the work that had been done. She said the inspector had taken photographs when she inspected the property; however, they were "stuck" in her computer and IT did not provide assistance so that she could present them at the hearing. Michael Gralish stated that since the property was condemned, they couldn't pull any pernuts. Cory Gralish stated that he intended to repair the interior of the building and wanted to wait until spring to make the remainder of the repairs. He wished to remain living in the house while he continued making the repairs. Ms. Moermond recommended denying the appeal and referring the property to the Vacant Building Program. She also recommended waiving the vacant building fee for 90 days. The owner must obtain a code compliance inspection report and must obtain a certificate of code compliance before the property can be re-occupied. All permits must be pulled for any wark that has already been done and all new work done in accardance with the code compliance inspection report. Ms. Moermond also recommended granting an extension to complete the exterior repairs to June 30, 2010.