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10-816Council File # �-1�0-�-�816 Green Sheet # -til�L,l-7 U-1 Presented by RESOLUTION F S,dINT PAUL, MINNESOTA �� 1 WHEREAS, adverse action was taken against a11 licenses held by Diamond Dewey's, Inc. cVb/a 2 Pub East (License ID #067176) for the premises located af 1180-7�' Street East in Saint Paul by Notice of 3 Intent to Suspend Licenses dated March 29, 2010, alleging that the building the licensee leased was 4 inspected by Nuisance Building Code Enforcement on February 18, 2010, and found to meet the definition 5 of a Vacant Buiiding; and 6 7 WHEREAS, on February 18, 2010, the Certificate of Occupancy for the building was then revoked 8 by Saint Paul Fire Inspection; and 9 10 WHEREAS, the Notice of Intent to Suspend Licenses was sent to the licensee's business address 11 on March 29, 2010, and was returned by the United States Post Office labeled "return to sendex-not 12 deliverable as addressed-unable to forwazd"; and 13 14 WHEREAS, a copy of the notice was also sent to licensee's home address but the licensee failed to 15 respond to the Notice of Intent to Suspend Licenses to request a publac ar administrative hearing by the 16 Apri16, 2010, deadline; and 17 18 WHEREAS, on April 12, 2010, a letter was sent by the property owner's attorney requesting an 19 administrative hearing based on their objection to the classification of the properry as Vacant Class II; and 20 21 WHEREAS, on May 7, 2010, a letter was sent to the pxoperty ownex's attorney stating that City 22 Council denied their appeal on Aptil 21, 2010, and that the administrative hearing he requested would 23 only address the issue of whether active Iicenses can be held in a vacant building not the vacant building 24 determination; and 2> 26 WHEREAS, on June 14, 2010, the property owner and his attorney met with the Department of 27 Safety and Inspections and the City Attorney to discuss the licenselmanagement agreement issue because 28 the licensee was no longec operating at that location and entered into a management agreement with the 29 property owner; and 30 31 WHEREAS, after the meeting, the prQperty owner and his attorney requested a few days to make a 32 decision as to how they wanted to proceed; and 33 34 WHEREAS, on June 29, 2010, a letter was sent to the property owner's attorney requesting that 35 they decide how they wish to procead and contact the Department of Safery and InspectiQns or the City 36 Attorneys Office by July 13, 2010 with their decision; and 37 38 WHEREAS, neithet the property owner nor his attorney responded to the letter by the July 13, 39 2010 deadline; now, therefore, be it 40 70-816 41 RESOLVED, the all licenses held by Diamond Dewey's, Inc. dfbfa Pub East are hereby suspended. Boshom C3[IB7 H3iiiS Stark Thune Adopted by Council: Date �� Adoption Certified by Coa il Secretary By: �/� Approve ayo . ate �J���lU B Requested by Department of: � A����ry3' 1 +�- BY: � r ' � FormA}�n� ed by City Attomey BY� {/ Gi,G �Ll.�i►^' � Form Appr v d b ayor f r ub " sio to Council By: 10-816 � Green Sheet Green Sheet Green 5heet Green Sheet Green Sheet Green Sheet � S � _ Dept. of Safety & ConWct Person & Phone: Rachel Tierney 266$710 74 JUL 2010 �1 ° 1 Assign 2 Number 3 For Routing I 4 OMer g Green Sheet NO: 3115949 Departm 2n[DireCtor �I (.1tv Attornev Mayor/ASSistant � City� � Couucil - I CiN Clerk i Must Be on Council Agenda by 2S-JUL-10 ( A xv� A1 � Dot. Type: RESOLUTION E•Document Required: Y Document ConWC4 Julie Kraus Contad Phone: 2668776 ToWI # of Signature Pages _(Clip Ali Locations for Signature) Action Requested: I � Approval of the attached resolution to take adverse acrion against all licenses held by Diamond Dewey's, Inc. dlbJa Pub East (License I ID #067176) for the premises Located at ll80-7th Street East in Saint PauL. Recommendations: Approve jA) or Reject (R): Ptanning Commission CIB Gommittee C�vil Service Commission Personal Service Contracts Must Answer the Follow'mg questions: 1. Has this person/firm ever worked untler a contract for this department? Yes No 2. Has this person�rm ever been a city employee? Yes No 3. Does this person/firm possess a skill not �ormally possessed by any currettt city employee? Yes No Explain afl yes answers on separate sheet and attach to green sheet. Initiating Problem,lssues, OpportunHy (Who, What, When, Where, Why): The building the licensee leased was inspected by Nuisance Building Code Enforcement on February I$, 2010 and found to meet the definidon of a Vacant Building. The Certificate of Occupancy was then xewked by Saint Paul Fixe Inspection. Advantages If Approvetl: Suspension of all licenses. � DisadvantageslfApprovetl: � Disadvantages if Not Approvetl: Total Amount of Transaction: Funtling Source: Financiat fiformation: (Esplain) CosURevenue Sudgeted: Activity Number. July 14, 20'(0 134 PM Page 1 10-816 DEPARTMENT OF SAFETY AND INSPECTIONS SteveMagner, ManagerofCodeEnforcement Cj'j'1' QF' ,S,�j�7'j' pAjJj, Nu�sance Bvi(ding Code Enforcemeni ChnslopherB Coleman, Mayor 375 Jackron Sneet, Smte 220 651-266-8989 SaintPmd,MN55101-7806 651-266-1919 wwwstp_aul vov/dst February 18, 2010 Steven F Trumble 868 Winthrop St S StPaul MN 55119-5651 VACANT BUILDING REGISTRATION NOTICE The premises at 11&0 7TH ST E has been inspected and found to meet the legal definition of a Vacant Building as described in Saint Paul Legislative Code, Chapter 43. You are required to register this building with the Department of Safety and Inspections, Vacant $uildings Division, by filling out and returning the registration form provided with this letter. You are alsa required to pay the annual Vacant Building Registration Fee of $1100.00. The fee is due upon receipt of this letter and must be paid no later than thirty (30) days from the date of this letter, as required in Saint Pau] Legislative Code Chapter 43. If this building is vacant due to a fire, complete the enclosed registration form and return it to this office within 30 days. Please return the enclosed registrafion form along with your payment by March 18, 2010. Do not mail cash. If you wish to pay in person, you may do so from 8:00 a.m. to 4:00 p.m. Monday through Friday at: DEPARTMENT OF SAFETY AND INSPECTIONS 375 Jackson Street, Suite 220 Saint Paul, MN SS 10l -1806 You may file an appeal to this fee or registration requirements by contacting the Office of the City Clerk at (b5l ) 266-8688. Any appeal of this fee must be made within ten (1Q) days of the date of this notice. If the registration fee is not received in this office within 45 days of the due date the full amuunt owed will6e assessed to, and collected with, the taxes for this property as permitted by Saint Paul Legislative Code Chapter 43. The Code Enforcement Officer has notified the $uilding Inspection And Design Section that this property meets the legal definition of a registered vacant building and in accordance with Legislat'rve Code Chapter 33, no permits (except demolition, wrecking and removal permits) will he issued until the requirements of all applicable ordinances aze fulfilled. An Affirmative Action Fqual Oppottunity Employer 10-816 February 18, 2010 1180 7TH ST E Page 2 WRITTEN PERMISSION FROM THE CITY OF SAINT PAUL IS REQUIRED BEFORE A CATEGORY 2 OR CATEGORY 3 VACANT BUILDING CAN BE SOLD. Category 2: Requirements include: 1. register/re-register the bu9lding, 2. pay outstanding fee(s), 3. obtain a code compliance report, 4. submit for approval a rehab cost estimate from a licensed contractor and a schedule for completion of all code compliance work, and 5. submit proof financial responsibility acceptable to the C'rty, and 6. obtain Zoning approval of the proposed use. Category 3: All requirements listed for Category 2 vacant buildings, AND obtain a Certificate of Occupancy OR Certificate of Code Compliance priar to the sale of the building. If the use of this building meets the definition of a nonconforming use by the Zoning Code then the use will lose its nonconforming status 365 days from the date the building was declazed vacant. You must contact the Enforcement officer, Rich Singerhouse, at 651-266-1945 ta find out what must be done before this building can be legaily reoccupied. The Enforcement Officer may declare this building(s) to constitute a Nuisance Building subject to demolition and issue an Order to Abate under authority of Legislative Code Chapter 45. In the event this building is daclared a Nuisance Building subject to demolition, the Enforcement Officer wi11 notify all owners and interested parties of the Order to Abate, as provided in the Legislative Code Chapter 45. If you have questions about this annual registration fee or other vacant building requirements, please contact the Enforcement Officer, Rich Singerhouse, at 651-266-]945. This registration form and fee is requized by law. Your prompt attention to this matter is appreciated. Thank You, Steve Magner Vacant Buildings Program Manager Department of Safety and Inspections Enclosuzes: Regulations Requirements Information Vacant Building Registration Form SM: dj vb_reg�stration notice_mdividual 10/09 Copies of this letter have been sent to: Clazk Equities Llc 5353 Gamble Dr Unit 310 Minneapolis MN 55416-I510 Steve Trumble I] 80 7th Place E St Pau1 MN 55106 10-876 DEPARTMENT OFSAFEl'Y AND INSPECTIONS Fire Inspection Divis�on Bob Kessler, Birecior CTI'Y OF SAINT PAUL Chnstopher B. Coleman, Mayor February 18, 2010 375 Jackton Street, Suue 220 Telephone: 65L266-8989 SaintPaul, Mznn<so[a 55J01-1806 Facsi»ute: b51-266-8951 Web: www.stp¢ul ovldsi STEVE TRUMBLE 1180 7TH PLACE E ST PAUL MN 55106 Revocation of Fire Certi�cate of Occupancy RE: 11 &0 7TH ST E Ref. # 10868 Dear Property Representative: Your building was determined to be unoccupied on February 18, 2010. Since certificates are for the occupancy of buildings, it has become necessary to revoke the Certificate of Occupancy. Saint Paul Legislarive Code provides tbat no building shall be occupied without a Certificate of Occnpancy. In order to re-occupy the building, the following deficiencies (if appficable) must be conected and a complete Certificate of Occupancy inspection will be required. AEFICIENCY LIST 1. BUII.DING - SPLC 33.05 - Uncertified portions of the building must not be occupied untii inspected and approved by this office. For an explanation ar information on some of the violations contained in this repori, please visit our web page at: http:llwww.ci.stpaui.mn.uslindex.aspx?NID=211 You have the right to appeal these orders to the I,egislative Hearing Officer. Applications for appeals may be obtained at the Office of the City Clerk, 310 City Hall, City/County Courthouse, 1� W Kellogg Blvd, Saint Paul MN 55102 Phone: (651-266-8688) and must be filed within 10 days of the date of this order. If you have any questions, email me at: kevin.chapdelaine@cistpaul.mn.us or call me at 651-266-8945 between 7:30 - 9:0� a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, Kevin Chapdelaine Fire Inspector An Equal Opportunity Employer 10-816 SwINT PAUL � AAAA CfTY OF SAINT PAUL ChnstopherB. Coleman, Mayor OFFICE OF THE CITY ATTORNEY John J. Choi, C�ryAttomey Telephone. 657 266-8710 Facsrmi7e: 657 298-5619 Match 29, 2010 Civii Division 400 Ciry Hall 15 West Ke!logg Blvd. Saint Paui, Minnesota 55102 NOTICE OF INTENT TO SUSPEND LICENSES Cynthia Tromble Pub East 17 80-7` Street East St. Paul, MN 55106 RE: All licenses held by Diamond Dewey's, Inc. d/bla Pub East for the premises located at I 180-7`�' Street East in Saint Paul License ID #: 067176 Dear Ms. Tmmble: The Department of Safety and Inspections (DSI) will recommend suspension of all licenses held by Diamond Dewey's, Inc. d/61a Pub East for the premises located at ll 80-7 Street East in Saint Paul. The basis for the recommendation is as follows: On February 18, 2010, you were sent two letters from the Department of Safety and Inspections. The VACANT BUII.DING REGISTRATION NOTICE sent by Nuisance Building Code Enforcement, stated that on February 18, 2010, your building had been inspected and found to meet the lega{ de�nition of a Vacant Building. The REVOCATTON OF FIRE CERTIFICATE OF OCCUPANCY sent by the Fire Inspections Division, stated that because your building had been determined to be unoccupied that it became necessary to revoke your Certificate of Occupancy. Saint Paul Legislarive Code §4QA1 sfates: "All existing buildings in #he city are required to have and maintain a fire ceriz'frc¢te of occupancy, issued by the fire marshal, The cerfifuate shall be an indicalion that the building meets, a1 the time of inspectian, all relevant codes to maintain the health, s¢fety and welfare of the buildrng's occupants and the general public. It shall be a misdemeanor to rent or tease, or permztthe occupancy of, a buitding or structure or portion thereof which does not have a fire cerhj'icate of occupancy." 70-$16 Pub East March 29, 2010 Page 2 At this Ume, you have two oprions on how to proceed: If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul City Council, you will need to send me a]etter with a statement admitting the facts and requesfing a public hearing. We will need to receive your letter by Tuesday, Aprii 6, 2010. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your licenses. 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 i,aw Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine each otheis witnesses. The St. Paul City Council wil] ulrimately decide the case. If this is your choice, please advise me no later rhan Tuesday, Apri16, 2010, and I wi1] take the necessary steps to schedule the adminisuauve hearing. If you have not contacted me by that date, I will assume that you are not contesting the suspension of your licenses. In that case, the matter wili be placed on the CounciPs Consent Agenda For approval of the recommended penalty. If you have questions about these options, please fee3 free to contact me at 266-8710. Sincerely, v,��� � Virginia D. Palmer Assistant City Attorney ���� � �� cc: Christine Ro2ek, Deputy Director of DSI Cynthia Trumble, 868 Winchrop Screet South, St. Paul, MN 55119 Karin DuPaul, Commumty Organizer, Dayton's Bluff District 4 Community Council 798 East Seventh Street, St. Paul, MN 55106-6625 10-816 STATE OF MINNESOTA) ) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL COUNTY OF RAMSEY ) Julie Kraus, being first duly swom, deposes and says that on the��i� day of Mazch, she served the attached NOTTCE OF INTENT TO SUSPEND LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Cynthia Trumble Pub East 1180-7�' Street East St. Paul. MN 55106 Cynthia Trumble 868 Winthrop Street South St. Faul, MN 55119 Karin DuPaul, Community Organizer Dayton's Sluff Aistrict 4 Community Council 798 East Seventh Street St. Paul, MN 55106-6625 (which is the last known address of said person} depositing the same, with postage prepaid, in the United States mail at St Paul, Minnesota. � ���—J J e Kraus Subscribed and swom to before me this o��/'�` day of March, 201Q ��-� /`2�� �- �J�.v��_ Notary Publ'rc �b. .�,��.,:.,� �-�� : �-,,� � ' . Eusan Warie JanfsdrWe� � z . .,p(OTkRY pUBLIC •A�,N�7li � �YGOA/i6AtSS{O� � � • , � EYF3kE5.lkt1.31,2Q12 '. se-rta:�.s��¢.: �; r>•e��..= . 10-816 s s �'! 4`� �P � �� x N i? U�s' � 0 N 9 µ � � � a n = � z — � O � m � _ � = � m = m iHm = � D<-i = in p1�fC � N rA� ._ 7[I rtfDZ - 6 ' 1r-� _ omo ` � `7Dy =oz =- µ aar � A�� '" �' 6a] = O {ry = a� m kJ p - 0 i U � �-' �n m C � N pj � � � � � _ z (� � m � m � � � �. z H x H m u� � H N m F+ • O A ti D � \ H O �� tn � O o [ � �;}� K ' l a � �y 0 � � �G � k , �- 0 '' c �c c 6: � a i.� o h � ° � � � � � ^ � p � trj �b ti '~` O O � 1 0 O o 5 �o , Fr 4 C ; - �� ,- i�� a c ., I ,, � r }� � i:�� �% 9 r_ = � � �- .i'- ' rl � s ;� - t�; z 10-816 OFFICE QF THE CITY ATTORNEY Gerald T. Hendrickson, City Attorney CITY OF SAINT PAUL c��a o�v«oa Telephone. 651 266-5710 Mayor Christopher B. Coleman 400 City Hall Facs�mile: 6S7 298-5639 IS West Kellogg Sivd Saint Paul, Mmneota 55102 May 7, 2010 MicBael M. Bader, LLC Attomeys at Law 2300 US Bank Center 101 East 5�' Street St. Paul, MN 55101 RE: All licenses held by Aiamond Dewey's Inc., d!b/a Pub East for the premises located at 1180 — 7`" Street Bast in St. Paul. License ID #067176 Mr. Bader: Based on our conversation, the Depaztment of Safety and Inspections (DSn put a hold on pursuing adverse action against the above-mentioned licenses, until a deternrination was made by the City Council regarding the status of the building ]ocated at 1180-7"' Street East. On April 21, 201Q the City Council did in fact find the building to be vacant and denied yout aQpeal, On AprS] 12, 2010, prior to the Council's deternvnation, we received your request for an administrative hearing based on your objection to the classification of the property as a Category II Vacant Building. Please be awaze that if we proceed with an administrative hearing, the only issue at the hearing is whether active licenses can be held in a vacani building. An Administrative Law Judge does not have jurisdiction ta evaluate the merits of the vacant building determination. I assume if yQU choose to move forward with a heacing, that you will be represenung the licensee of record, Cindy Trumble and not the building owner, Jerry Clazk. Please let me know no ]ater than Monday, June ?, 2010, if you wish to proceed with an administrative hearing. If you have questions please feel free to contact me at 266-8710. Sineerely, ` , c���� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI An Affirmative Acuon Fqual Opportuntty Employer STATE OF MINNE50TA) ) ss. COUNTY OF RAMSEY ) 10-816 AFFIDAVIT OF SERVICE BY U.S. NTAIL Julie Kraus, being first duly sworn, deposes and says that on the �� day of May, she served the attached LETTER by placing a true and correct copy thereof in an envelope addressed as follows: Michael M. Bader, LLC Attorneys at Law 2300 US Bank Center 101 East 5`� Street St. Paul, MN 55101 (which is the las[ known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. , � � Julie Kraus Subscribed and sworn to before me this �7�' day of May, 2010 ��9��-���� . sr�—� Notary Public RiTA IN. BOSSARO MORARY PllBLIC • tANNESOTA 1AY COMAAISSION D(PIRES JAN. 31, 2015 10-816 SAtNT PnUL � AAAI! CITY OF SAINT PAUL Chnstopher8. Co%man, Mayor OFFICE OF THE CITY ATTORNEY Ge�ald T Hendrickson, CityABomey Te(ephone: 651 266-87> 0 Facsrmrle. 65t 298-5619 June 29, 2010 Michael M. Bader, LLC Attorneys at Law 2300 US Bank Center 101 East 5`�' Street St. Paul, MN 55101 Civil Division 400 City Hal1 >5 West Kellogg 8/vd. Sainf Paul, Minnesofa 55i02 RE: All licenses heid by Diamond Dewey's, lnc. d(bla Pub East for the premises ]ocated at I 180-7 StreetEast in SaintPaul LicenseID #:067176 Dear Mr. Bader: On June ] 4, 2010, you and yoor client Jerry Clark met with Christine Rozek and me to discuss status of the 1 icenselmanagement agreement. At the end of the meeting, you indicated you would contact either me or Christine within a few days regarding how you wished to proceed. As of today's date we have received no response from you or your client. If you do not respond to this letter by Tuesday, July 13, 2010, we will move forward wfth adverse action and request t1�at the City Council suspend all licenses. If yau have questions, please fee) free to contact me at 266-$710. Sincerely, �c�. � `1''�— Rachel Tierney Assistant Csty Attomey cc: Christine Rozek, Deputy Director of DSI AffirmativP Ar.tinn Fmial (lnnnm�mtv FmnlnvPr STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) 10-816 AFFIDAVIT OF SERVICE BY U.S. MAIL Julie Kraus, being first duly sworn, deposes and says that on flie���day of June, she served the attached LETTER by placing a true and correct copy thereof in an envelope addressed as follows: Michael M. Bader, LLC Attorneys at Law 2300 US Bank Center 101 East 5�' Street St. Paul, MN 55101 (which is the last known address of said person) depositing the san�e, with postage prepaid, in the United States mail at St. Paul, Minnesota. U.J✓�L.� Ju �e aus Subscribed and sworn to before me this �C �` day of June, 201 Q (/ ��� � ��� Not y Public � RiTA M. BpSSARO NOTARY PU81.IC • AdNNESOTA 1�AYCOMMISSIO(d D(PIRES JAN, 31, 20� F � n.�.,:.:.,,; Chapter 40. Fire CertificaCe af Occupa�acy Chapter 40. Fire Certificate of Occupancy Sec. 40.01. Fire certificate of occupancy requirement. 10-$16 Fage 1 of 12 (a) Ail existing buildings in the city are required to have and maintain a fire certificate of occupancy, issued by ihe fire marshal. The certificate shall be an indication that the buifding meets, at the time of inspection, all relevant codes to maintain the heaith, safety and welfare of the building's occupants and the generaf public. it shalt be a misdemeanor to rent or lease, or permit the occupancy of, a building or structure or portion thereof which does not have a fire certificate of occupancy. (b) Provisional certificate of occupancy. {f an owner-occupied dweliing changes to a rental dwelling unit, the owner of tfie dweiling must appfy and pay the fee for a provisional certificate of occupancy within thirty (30) days of the change in use. Failure to apply for a provisional certificate of occupancy is a misdemeanor. (G.F. No. 06-i129, § 1, 1-24-07; C.F. No. 09-122, § 1, 2-25-09) Sec. 40.02. Exception of owner-accupied buildings. Owner-occupied single-family houses, owner-occupied duplexes, and owner-occupied condominium units shall be exempted from the requirement to have and maintain a fire certificate of occupancy. (C.F. No. �6-1129, § 1, 1-24-07; C.F. No. 09-122, § 2, 2-25-09) Sec.40.03. Definitions. Unfess otherwise expressly stated, the foifowing terms shali, for the purpose of this chapter, have the meanings indicated in this section. Authorized agent. An individual(s) with legai authority and capable of executing documents for the sale of the building(s) and authority over the proceeds of such sale. Buifding. Any structure intended for supporting or sheltering any use or occupancy, including the land surrounding the structure. If the building is a multi-unit residentiai dweifing, a hotef or motel, or a commercial or office building, the term "building" for purposes of this ordinance means only the portion of the building within or outside the siructure in which a nuisance is maintained or permitted; such as a dweliing unit, room, suite of rooms, office, common area, storage area, garage, or parking area. Certificate of occupancy. A document issued by the city buiiding oificial under the author+ty of both state and city buiiding codes indicating a newly constructed or substantialiy rehabilitated structure is, at the time of inspection, code compliant, habitable and otherwise meets all requirements for its intended use. Commercia/ building. Any nonresidentiai structure, the surrounding land and accessory use structures. Dwelling. A building that contains one-, two- or multipie dwelli�g units, intended or designed to be used, rented, leased, let or hired out to be occupied for fivfng purposes. Family. One (1) or two (2) persons or parents, with their direct lineal descendants and adopted httn'Uiihrarvl mnnirnrin rnm/dd77/TlnrViatixi/1(1/lf,l/l/G�/�.S