10-764Council File # 10-764
Green Sheet# 3115837
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Presented by
CITY
RESOLUTION
41,�IT PAUL, MINNESOTA
�
BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
hearing record and testimony heazd at public hearing on July 7, 2010 hereby memorializes its decision to
certify and approve the June 22, 2010 decision of the Legislative Hearing Officer for the following
address:
ADDRESS
1100 Conwav Street
APELLANT
James Swartwood
Decision: Appeal denied and extension granted to July 12, 2010 to vacate the building.
Carter
Bostrom
Hanis
He]gen
Lantry
Yeas
Absent
Requested by Department of:
Thune
Adopted by Council: Date
�/� i
Adoption Cemfied by Cou Secretary
BY ,,,��� / /DJ//�r//✓IiL/G�-��l7
Appro��a n Ma r.� Date ��Z�] �io/C�
By: � ��/
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BY- /"/C/�lo�-�_�
Form Approved by City Attorney
B
Form Approved by Mayor for Submission to Council
By:
10-7 4
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenU�ce/Council: Date Initiated:
�o-��°���� 13JUL2010 Green Sheet NO: 3115837
Contact Person & Phone: Deoartment Sent To Person InttiaVDate �
Marcia Moermond y 0 ouucu 0
6-8570 1 ouncil De artment Director
�$ 2 ' Cterk CtiNCterk
Must Be on Council Agentla by (Date): Number 3 �
For
Routing < 0
�oc.Type:RESOLUTION Order 5 C�
E-Document Requiretl: Y
Document ConWCt: Mai Vang
Contact Phone: 6-8563
Total # of Signature Pages _(Clip AI! Locations for Signature)
Action Requested:
Resolution memorializing City Council action taken July 7, 2010 denying the appeal and extension granted for property at 1100
Conway Sheet.
Recommendahons: Approve (A) or Reject (R)' Personal Service Contrects Must Answer the Following Questions:
Plannmg Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Sernce Commission 2. Has this person/firm ever been a city employeel
Yes No
3. Does this personlfirm possess a skill not normally possessetl by any
current city employee?
Yes No
Explain all yes answers on separote sheet and attach to green sheet.
Initiating Problem, IsSUes, Opportunity (Who, What, When, Wh¢re, Why):
Advantages If Approved:
Disadvantages If Approved:
UfsadvanWges If NotApproved:
Total Amount of
Transaction: Cost/Revenue Budgeted:
funding Source: AMivity Number:
Financial Information:
(F�cplain)
July 13, 2010 8:15 AM Page 1
10-764
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APPLICATION FOR APPEAL
RECEIVE� Saint Paul City Clerk
JUN 1 5 20i0 �10 City Ha11,15 W. Kellogg Bivd.
Saint Paul, Minnesota 55102
CITY CLERK
The City Clexk needs the following to process your appeal•
�$25 filing fee payable to the City of Saint Paul
� opy of fhe City-issued orders or lefter which
are being appealed
� Attachments you may wish to include
f� I�i'his appeal form completed
�ri
AppelIant/AppIicant; � �''� � f �4� � +^ L
Telephone: (651) 266-8560
Date and Time of Hearing.
Tuesday, ��� � I l�
Time S � ����L�.�v�
Location o Hearin�
Room 330 City HallfCourthouse
Address: ��� � �l,n � �� � City: State: � � Zip: ��`�� �/
`7 S/a i-
Phone i�iumbers: Business li/? '��a � Residence Cellular �/2 C /� 3 �d�`�
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Date: � / /� / � � � �
Name of Owner (if other than Appellant):
City:
Phone Numbers: Business
Residence
Zip:
State:
Cellular
State specifically what is being appealed and why (use an ateachment if necessary):
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NOTE: Any person
by the final decision of the City
Ee
Council may obtain judicial review by timely filing an action as
provided by law in District Court or Court of Appeals
Fee
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CITY OF SAINT PAUL
Chr�stopher B Coleman, Mayor
June 8, 2010
JAMES SWARTWOOD
5537 DUPONT AVE S
MINNEAPOLIS MN 55419-1647
DEPARTMENT OF SAFETY AND IIVSPECTIONS
Firelnspection D�vis�on
Bob Kessler, Dvector
10-764
375JacksoxStreet,Suite220 Telephone: 651-266-8989
SamlPaul,Mmnesotai5107-1806 Facs�mde: 6�1-266-8951
Web www stpau[ ¢ov/dn
Revocation of Fire Certificate of Occupancy and Order to Vacate
RE: 1100 CONWAY ST
Re£ # 108697
Dear Property Representative:
Your building was inspected on June 8, 2010, for the renewal of the Certificate of Occupancy.
Since you have failed to comply with the applicable requirements, it has become necessazy to
revoke the Certificate of Occupancy in accordance with Section 33.05 of the Saint Paul
Legislative Code. A re-insnection will be made on June 22, 2010 at 1:15 pm or the propertv
vacated.
The Saint Paul Legislative Code fiu�ther provides that no building shall be occupied without a
Certificate of Occupancy. Failure to immediately complete the following deficiency list or the
building vacated may result in a criminal citation.
DBFICIENCY LIST
Basement - East Crank Window - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the
window in good condition.-Left side crank does not extend window out and does not
bring window back in. Replace handle or window system.
2. Dining Room - Wall Vent - SPLC 34.10 (7), 34.33 (6) - Repair and mainCaih the walls in
an approved manner.-Secure wall vent with screws to dining room wall next to garage
walk thru door.
3. Exterior - East Storm Door - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door in
good condition.-East storm door found not shutting a11 the way. Repair or replace door
P�P•
4. Interior - Garage Door - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door in
good condition.-Repair or replace garage roll up door. During inspection inspector had to
manually hold down the control pad to get garage doar closed.
An Equal Opportunity Employer
10-764
�. Interior - Kitchen Sink - SPLC 34.11, SBC 2402.1, SPLC 34.17, MPC 415.0220 - Repair
or replace and maintain the plumbing fixture to an operational condition.-Plumbing
pipin� underneath sink is stili leaking. Have a Iicensed contractor inspect, pu11 permit if
necessary and repair aIl damaged plumbing underneath kitchen sink.
6. Kitchen - Cabinet Flooring - SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in
an approved manner.-Replace water damaged floorittg underneath kitchen sink.
Kitchen - West Window - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window
lock.-Replace damagad window lock on kitchen west window.
Living Room -�ast Windows - SPLC 34.09 (3), 3432 (3) - Provide or repair and
maintain the window screen.-Remove duct tape from storm window and install window
into window frame. Storm window not fitting frame. Install fitting size storm window for
east window left side.
9. SPLC 34.11 (6), 34.34 (3) - Provide service of heating facitity by a licensed contractor
which must include a carbon monoxide test. Submit a completed copy of fhe Saint Paul
Fire Mazshal's Existing Fuel Burning Equipment Safety Test Reporf to this office.
10. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return 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.stpaul.mn.us/index.aspx?NID=211
You have the right to appeal these orders to the Legislative Heazing 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 1 D
days of the date of this order.
If you have any questions, email me at: sean.westenhofer@ci.stpaul.mn.us or call me at
651-266-8982 between 8:00 - 9:30 a.m. Please help to make Saint Paui a safer place in which to
live and wark.
Sincerely,
Sean Westenhofer
Fire Inspector
Ref. # 108697
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Date: February 17, 2010
File #: 10 - 107783
Folder Name: 1100 CONWAY ST
PIN: 33292242QQ66
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Date: Febnary 17, 2010
File #: 10 -107783
Folder Name: 1100 COlVWAY ST
PIN: 332922420066
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Date: Febmary 17, 2010
File #: 10 -107783
Folder Name: 1100 CONWAY ST
PIN: 332922420066
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Date: February 17, 2010
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Folder Name: 1100 CONWAY ST
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Folder Name: ll00 CONWAY ST
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AFFIDA VIT
In re: Rentai Licensing of James Swartwood
Property Address: 1100 Conway Street St Paul, MN 55106
10-764
RECElVED
JUN 21 2010
Ct�'Y C�.ERK
A.ffidavit of James Swartwood in Matters involving Case No. 62-HG-CV-
10-783 (Consolidated)
June 21, 2010
1. I, James Swartwood, make this Affidavit under penalty of perjury upon my
own personal knowledge and belief.
2. I am the landlord involved in this dispute over maintenance of the property
located at 1100 Conway St. St. Paul, MN 55106 ("the Property"). The
Plaintiff is Martha Harris.
3. On June 8, 2010 Judicial Officer Jo Anne Yanish Ordered that tenant Martha
Harris provide and allow for entzy and access to the Property, far my work
crew, between the hours of 9— 4:30 on June 17�' & 18�'. [Court Order
referenced per Register of Actions, attached].
4. I have been contending that Ms. Hams has repeatedly denied access to my
work crew and/or intentionally damaged the Properly so as to frustrate my
rights to evict her and rent to a reliable tenant and/or falsely reported
damages that she had caused or allowed to be made.
5. Relying that Martha Harris would honar the Court Order compeiling access,
my workers were dispatched and arrived at the Property on June 18` on
time, only to first be denied access. Then when they entered the Property
Ms. Harris called the Police, who came and Ms. Hams sought to get my
worker arrested. [Attached see copy of Police report time dated 6l18/2010 at
appro�mately 12:23:07 on the 18�'].
6. I have and pian to submit, under oath, true and conect photographic
evidence that my warker(s) have made any and all the repairs previously
ardered ar of which Ms. Harris complained.
10-764
7. I believe that Ms. Harris is intentionally damaging or destroying, or
interfering with the operation and maintenance of the Property and would
plan to submit testimony and other evidence to such effect.
8. I also believe that Ms. Harris has evidenced a pattern of such misbehaviar
and false reports, and interference with our actuai or attempted maintenance
of the Property, for months, and plan to submit testimony and evidence to
such effect.
9. I have now reported this pattern to both the Court and to the Inspection
Division and do so to preserve my licensing and my ability to rent out the
Property to a new tenant who does not evidence the pattern of misbehavior
and destruction and interference of Ms. Harris, which licensing and business
practices my evidence and testimony will fully support.
10. I am not waiving any clauns befare [he District Court.
11. The attached E�ibits are true and correct copies which will be submitted
to the Court subject to examination by Ms. Harris.
5AYETH NOT.
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Dupo` Ave.�,S.� Minneapolis, MN 55419 j`"�g��:;��;�,� rfv cc�vrn:ssic,v �xP���s oiia�;2o;? �
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Public
Subscribed and sworn before me this�l day of
2010, Aff'iant being personally identified to me.
RAMSEY HOUSWG CONCILIATION
REGISTER OF ACTIONS
10-764
CASE No. 62-AG-CV-10-707
Martha Harris vs JAMES SWART'WOOD § Locahon: Ramsey Housing Conciliarion
§ Filed on. 03/19/2010
§
§
C.iSE I\FORtiqTlO]
Related Cases
62-HG-CV-10-783 (Consohdated)
Current Case Assignment
Case Number
Court
Date Assigned
Case Status: 03/19l2010 Open
Case Flags: Consolidated Case
D.� rt
P�elptl�
Defendant
Dars
06/08/2010
OS/24/2010
OS/21/2010
OS/17/2p10
Harris, Martha
1100 Conway ST
St Paul, MN 55106
SWARTWOOD, JAMES
5537 D UPONT S
MINNEAPOLIS, MN 55419
Case Type Rent Escrow
CASE aSS1GN1lEnT
62-HG-CV-10-707
Ramsey Housing Conciliation
03/19/2010
PAR"lY inFOFiM9T101
E�'E!fTS & ORDERS OP T13E COt;R'i
Attorn2y5
LAFEBER, MICHAEL
NL4RTIN
Retdzned
612-977-84�0(G�
80 S Eighrh ST
STE 2200
Minneapohs, MN 55902
JEPSEN, ANDk2EA LVNN
Retaened
55 E .Sth Street
Suzte 400
St Paul, MN 55101
EVENTS
Order-0ther (7udicial Officer: Yanish, Jo Anne M. )
FC: comp hrg to 7/I S/10 at 10 am Yanish 131A-$I200 to be dep by 7/6/I Q pin to allow warkers in from 9 to 4 30
on June 17th & 181h per Referee Yanish.
Sil Order and Judgment-Eviction (Judicial Officer: Yamsh, Jo Anne M)
by Judge Idott fzled. the $1200.00 on deposit with the court zo de reZeased as folZows: $600 to pin - Martha
Harres adn $600 to dfd James Swartwoad, copies handed in court
� Norice of Review-Eviction
�5J Order-0ther (Judicia] Officer: Yanish, Jo Anne M. )
k5J
by Judge Van De Nonh filed. order jor�udgment 1) tandtord Swartwood is ardered to make a11 repairs identified
m ihe feb 18, 2010 correciion notice as soon as practically possible, commencing on Monday 4-19-l0 Tenant
Hanis shall not unreasonable refuse entry to the property for the purpose of making such reparis. thu court
retatnsJurisdicttort over tenants Harris rent escrow ¢ction for the purpose ofmonitoring landlord Swartwood's
compdiance with this order. 2) all c7aims against ien¢nt harrts in the ¢bove capitzoned evreteon action are hereby
dismused with prejudice 3) ten¢nt Harris u enrided to retroactrve partial rent abatement for ihe months of
feb,m¢r and aprt120l0 pursuant to mn stat 5048 425 and mn statue 504B 385. Accordingly the aprt1201 D rent
PAGE I OF 3 Prented on 06/2Z2010 ¢t (Q-I S A,
R.4MSEY HOUSING CONCILIATION
REGISTER OF ACTIONS
CASE NO. 62-HG-CV-10-707
10-764
rn the amount ojof $1,200 deposited by Lenant Hams with the court sha11 be refunded/returned to tenant Harris
That refund sha71 cover rent obatement for the months offeb,mar ¢nd apri12010 Ten¢nt shal( p¢y May 2010
rent the ten¢nt shall ¢Iso h¢ve a credit of.€600 which shall be applied taw¢rds may rent. cap�es mwled
04/27!2010
041161201D
04/15/2010
03/29/2010
03/26/2010
03/19/2010
03/19/2010
03/18/2010
03J18I2010
o�nsizo�o
06/08/2010
OS/24/2010
Taken Under Advisement (Judicial Officer: Yani;h, Jo Anne M. )
Order for Submissions-Under Advisement (7ud�cial Officer: Yamsh, Jo Anne M. )
� Order-0ther (7udicial O�cer Yanish, 7o Anne M)
byJudge Mon¢han fzled. L¢rztord's workers wi11 make rep¢ers luted on erh 3 the 2/18/10 inspec[ion & conecton
notice from 8�30 to 4:30 on 4Q9/10, ¢ccess sh¢ll be fully e ven, copies geven.
� Order-0ther (Judiciai Off"icer V anDeNorth, John B., 3r. )
per Judge Yan De North - cont to 4-I 5-10
� Notice-Other
plaint�nokce ofsubstituiion ofcounsel filed bypZn ¢tty
� Summons
Rent Escrow Summons w/ech ] thru 6
�.1 Order for Proceeding In Forcna Pauperi5 (Judic�al Officer' Monahan, M. Michael )
� Affidavit for Escrow of Rent �
Affidavrt for Proceeding In Forma Pauperis
"Contents ojdocument are not accessible to the public under Access Rule 4, subd. !(b)"
HEARINGS
Hearing (10:00 AM) (J�d�cial Officer: Yanish, Jo Anne M.)
Compliance hearirzg
Hearing (130 PM) (Judiciat Officer: Yantsh, Jo Anne M.)
comp hrg-$I200 orz dep w/crt for June rent
MINUTES
Order-0ther (Judicial Officer: Yanish, Jo Anne M)
FC: comp hrg to 7!I SJIO at I D am Yanuh 131A-$1200 to be dep by 7/6I1 Q pin to aIIow workers m from 9 to
4:30 on June 17th & I8th per Referee Yanish.
Hearing (07/IS/2010 at 10:00 AM) (Judicial Offioer Yanish, Jo Anne M)
Compkance hearing
Held;
HeZd
SCHEDULED FIEARINGS
Hearlag (07/IS/2010 at 10:00 AM) (Judicial O�cer: Y�isb, Jo Anne M.)
Comp[ianceheanng
Hearing (1:30 PM) (Judicial Officer: Yanish, 7o Anae M.)
Compl�ance Heareng
MmurEs
Hearing (06/08/2010 at 1:30 PM) (7udicial Officer: Yanish, Jo Anne M.)
comp hrg-$I200 on dep w/crt for June rent
Held
�1J Order and 7�dgment-Ev�chon (Jud�cia] Officer: Yanish, Jo Anne M. )
byJudge Mottfiled. the 81200.00 on deposit with the court to de released as fo[Zows. $600 to pin - Manha
Harris adn $600 to dfd James Swarhvoad, cop:es handed in caurt
Heid;
fleld
SCHEDULED HEARINGS
Hearing (06/08/2010 at 1:30 PM) (Judic�al Officer_ Yamah, Jo t�me M.)
comp hrg-y"1200 on dep w/crt for June rent
HeZd
PAGE 2 OF 3
Prinied on 06/21/2010 at IO:li A,
oarisrzoio
RAMSEY HOUSING CO�CILIATION
REGISTER OF ACTIONS
CASE No. 62-HG-CV-10-707
Rent Escrow Hearing (S 30 PM) (Judicial Officer. Yanish, Jo Anne M.)
MINLTES
10-764
� Order-pther (7udicial Officer Yanish, Jo Anne M. )
by Judge Morzah¢n filed. Lanlord's workers wil! make repairs Iuied on �h 3 the 2/]8/10 enspeckon &
correcton notice from $:30 to 430 on 4/19/1 Q access sha11 be fuZly given, copies o ven.
Held;
Held
03/29/2010 Rent Escruw Hearing {I0:00 AM) (Judic�a] Officer: Yanish, Jo Anne M)
Events: 03/19/2010 Su�nons
Ren[ Escrow Heanrzg
Held;
Held
PAGE 3 OF ?
Pnnied on 06/?I/20l0 at IQ IS A.
10-764
Saint Paut Police Department
CN Detail Report
PUBLIC REPORT
CN Detail for 10-128738
incident:
Location:
Locale:
Call Date:
Occur Date:
OccurTime:
Caller information
Name:
Addr¢SS:
Phone:
32 DISTURBANCEFIGHTS
i100 CONWAY ST
06/18/2010 72:05:59
os/18/2oto
� 2:05:59
SectodGrid: 3 t�6
DisPosition: Advise/ASSist
Priority: 4
SoUrce: Phone
Fire/Amb: N
EDP:
Alarm:
Time Received:
Time Sent:
Time Arrived:
Time Cleared:
ECC Console:
12'05:59
12:07:33
12:09:50
� 223:07
27
lnformation requested by: (220000) 1 Printed at:6/21/2010 10:36:24 AM
10-764
June 22, 2010 Legislative Hearing Minutes Page 5
6. Appeal of James Swartwood to a C of O revocation and order to vacate property at 1100
Conway Street.
James Swartwood, appellant, appeazed. Michael Urmann and Sean Westenhoffer appeazed
representang DSI — Fire.
Mv Westenhoffer stated that he received a complaint on February 16, 2010 far windows not
opening, no screens, big hole in basement floor, basement windows won't close, and gazage door
will not close. He inspected the property on February 17 and found multiple deficiencies inside th�
property; missing carbon monoxide alarm, drain hole missing cover on basement floor underneath
the staircase, light fixture not secured to the junction box, crank window missing crank in basement,
and gazage door not closing. He sent a correction order and scheduled a ze-inspection for March 17.
From February 26 to Mazch 17, he received multiple phone calls from tenants indicating work was
not being done. The tenants aiso indicated they had been to court and lost prior to calling in the
complaint on the property. Mr. Swartwood also called a couple of times between these dates
indicating that he was evicting the tenants because they destroyed his property and hadn't paid rent.
On March 17, he spoke with Mr. Swartwood who indicated that he was going to have the tenants
out by the end of the monih and asked if he could move the appointment until the tenants were
compietely moved out. He granted an extension to April 15. He then received a subpoena to
appear in court on a civil matter between the tenants and Mr. Swariwood. Mr. Swartwood testified
that the repairs were finished. The referee requested a re-inspection of the property which was •
scheduled for Apri129. On Apri129, Mr. Swartwood did not make the appointment; however, the
tenants let him in to inspect. He found that none of the repairs from the February 17 orders had
been done. He then scheduled a full C of O inspection of the property far May 18. He then
inspected the property on May 18 and found multiple deficiencies. Mr. Swartwood said all the
repairs would be completed in an hour and he asked if he could come back to re-inspect later that
afternoon. He explained to Mr. Swartwood that the repairs should have already been made and that
he was too busy to return. He then sent a correction order wiih a re-inspection date of June 18. On
May 21, he received a fax from Mr. 5wartwood to attend another court heazing for May 24. At ttie
heazing, the referee indicated that he didn't need to attend the hearing as the matter was between the
tenants' attorney and Mr. Swartwood. At the end of the hearing Mr. Swartwood indicated to the
referee that all the repairs were made. He informed the referee that when he inspected the property
on May 18, not ail the repairs had been compieted. The referee then asked to schedule another re-
inspection with Mr. Swartwood and asked to meet back in court on June 8 with an update. On June
4, he met Mr. Swartwood at the property and the tenants were not at home. Mr. Swartwood did not
bring any keys to the property so he was unable to inspect. One June 8, he went back to the
property and took photos noting remaining deficiencies: garage door not closing; plumbing pipes
leaking underneath kitchen sink; kitchen window lock in disrepair; crank not working for basement
crank window; and taped dining room wall vent. He then revoked the C of O with a re-inspection
or vacate date of June 22. He presented photographs of the property.
Mr. Urmann noted that the police were called to the property on June 18 as the owner had forced
entry to have a contractor make repairs when the tenants were not home. When the tenants
returned, they called the police.
Mr. Swartwood stated that he had been attempting to evict the tenants for the past four months for
non-payment of rent and they were abusing the legal system ciaiming he was retaliating against
them. He presented photographs showing the work that had been done and documentation from thr
June 22, 2010 Legislative Hearing Minutes
10-764
Page 6
various legal proceedings. It was his contention that the tenants would not let him into the property
to make any of the repairs and were constantly breaking things and then calling the inspector to look
at the damage they had created. Until the tenants moved out, repairs would continue to need to be
made. He was appealing the orders as he didn't want to lose his C of O.
Ms. Moermond recessed the hearing to review the materials that had been presented.
Ms. Moermond stated that after reviewing the code, the inspector had grounds to revoke the C of O
for the repairs not having been made. Therefore, she recommended denying the appeal and granting
an extension to July 12, 2010 to vacate the building.
CtTY,Of, SAI NT
Presented by
Council File # 10-765
Green Sheet # � 115838
ON
; MINNESOTA Z �
I 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 July 7, 2010 hereby memorializes its decision to
3 certify and approve the June I5, 2010 decision of the Legislative Hearing Officer far the following
4 address:
6 ADDRESS
8 1963 Grand Avenue
4
APELLANT
Shirley and Joseph Ferraro
10 Decision: Appeal denied and extension granted for 40 days from July 7, 2010 to bring the ceiling into
ll conipliance or discontinue the use of the basement rooms for sleeping.
Yeas Na s Absent
Carter �
Bostrom
Hanis
Helge� �
Lantry �
Stark ,,
Thune ,/
d
Adopted by Council: Date ���l�d`,1�10
Adoption Certified b Counc' Secretary
$Y l / /LfAU �ri�S OfJ
Apprc�Yor: ate � �Z7 ��jlb
BY � ��.CSI.� �
Requested by Department of:
BY Y "f �G�
Form Approved by City Attomey
By:
Form Approved by Mayor for Submission to Council
By: