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10-764Council File # 10-764 Green Sheet# 3115837 1 2 3 4 5 6 7 8 9 10 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: � ��/ � � 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 � �ITY p 4 i�' S � ;_� � O _ H a ��������[YTi .� ° @.�� � �_ 1Q �' � h�� G � Ig54 � 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�`� � 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): 1 ! � Ir'e Ce F� � I' : �r� e D l� (�Gc J�.�vc �, �- o ,,1� � °�o iJ� L ��e / 1 c� o @��v �� �2--� f r� Nn � � 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 � ���� � � ��� �eSS _�✓i s �, ..i � J�e�ftr 5 t Number; l2ev�sed 4RIR010 � o� 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 io-�6a Date: February 17, 2010 File #: 10 - 107783 Folder Name: 1100 CONWAY ST PIN: 33292242QQ66 10-764 Date: Febnary 17, 2010 File #: 10 -107783 Folder Name: 1100 COlVWAY ST PIN: 332922420066 10-764 Date: Febmary 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17,2010 File #: lU - 107'783 Folder Name: ll00 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 Fi1e #: 10 - 107783 Folder Name: 1100 CONWAY ST P�: 332922420066 �� Date: February 17, 2010 File #: 10 -107783 ' Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: ll00 CONWAY ST PIN: 332922420066 10-764 Date: February 17,2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST pIN: 332922420066 ��"'� � �: , � `'��� �' �a, .�` � �. �_� �-~< ��::: : _:: !� �;— '�- ` �� _ -�. — _ °' _ _ - _ _ � `� _ � � , �_''!4�,.. ... �; . �� =.�. � >� � �`: � ��: �� :; ��� _�� � �' -� �:,���:.:�,� � �` 10-764 Date: February 17, 2010 File #: 10 - 107783 Folder Name: 1100 CONWAY ST pIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 - 107753 Folder Name: 1100 CONWAY ST P�: 332922420066 _ � 4 �. , �w�� .�: ; .��,�; � ��:� �; .. ��� � :�,�, � ��_ �-�� � � � �w i �` r � � ,:'� s � �� , � ��,� " ' � : hx�`,- ...,�' � g� ��� � � �: � r �'� "w�"�' �1 �' , a ,- r � . 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P Y .�.�I t i ' x �, *c I i,�„' x � v. >� ' � � rl �; � i� 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 io-�6a Da�: February17,2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST P�': 332922420066 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 Fiie #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 3329224200b6 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 - 107783 Folder Name: 110U CONWAY ST PIN: 332922420066 10-764 Date: Febmary 17, 2010 File #: 10 - 107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 3329224200bb 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONR'AY ST PIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-764 Date: February 17, 2010 File #: 10 - 1077$3 Folder Name: 1100 CONWAY ST pIN: 332922420066 10-764 Date; February 17, 2010 File #: 10 -107783 Folder Name: 1100 CONWAY ST PIN: 332922420066 10-7b4 Date: File #: Folder Name: PIN: June OS, 2010 07 - 059265 1100 CONWAY ST 332922420066 HP District: Property Name: Survey Info: 10-764 Date: <dndate» HP DistriM: «overlay» File #: <dlenum» Property Name: «hpname» Folder Name: <d'oldername» Survey Info: «hpinvenb> PIN: «PIN» 10-764 «overlay» uhpname» uhpinvent» Date: <dndate» HP District: File #: <Q`ilenum» Property Name: Folder Name: <d'oldemame» Survey Info: PIN: «PIN» Date: File #: Folder Name: PIN: <dndate» <dilenum» <�'oldername» «PIN» HP District: Property Name: Survey Info: « overlay» «hpname» <�pinvenb> 10-764 10-764 Date: File #: Folder Name: PIN: <dndate» <�'ilenum» <doldemame» «PIN» HP District: Property Name: Survey Info: « overlay» «hpname» uhpinvenb> Date: File #: Rolder Name: PIN: <dndate» <�"ilenum» <doldername» «PIN» HP District: Property Name: Survey Info: «overlay» «Lpname» «hpinvenb> ���[z� 10-764 Date: File #1 Folde PIN: Date: File #: Folder Name: PIN: <dndate» <�'ilenum» <doldername» «PIN» HP District: Property Name: Survey Info: « overlay» «hpname» «hpinvenb> 10-764 Date: June 21, 2010 gp D��� File #: 07 - 054265 Property Name: Folder Name: 1100 COIVWAY ST Survey Info: PIN: 332922420066 10-764 Date: June 21, 2010 HP District: File #: 07 - 059265 Property Name: Folder Name: 1100 CONWAY ST Survey Info: PIN: 332922420066 10-764 Date: 3une 21, 2010 HP DistriM: File #: 07 - 059265 Proper[y Name: Folder Name: 1100 CONWAY ST Survey Info: PIN= 33292242p066 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. �d,-,- �---�� ��--- ,-.�..�,. �.�,,,� _,,,.�.�. S S'W�I'fW00Cl � i�`�`°�"�.. •=1GP:�; E� iv'nRiE �L1CH°v��i1 ' k" . V ` , . , c z_ . hi�`ARVPJ9LIC.�NWtiE50TA � Dupo` Ave.�,S.� Minneapolis, MN 55419 j`"�g��:;��;�,� rfv cc�vrn:ssic,v �xP���s oiia�;2o;? � ��„ � , . , \ 1 � � , �-.�.�..�,,,_..�.,,.-�,>,.,,..,� 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: