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97-1013a�-�merd e�, - �S � 13 I `1�l Council File # � � - ( C (� Green Sheet # 29861 �_ '�:.. _ � Ptesented by_ Referred To � RESOLUTION CITY�QF y S,Al1�T PAUL, MINNESOTA S5 Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the August 5 decision 2 of the Legislative Hearing Officer: 3 PropertXA�roealed Appellant 4 1571 Matyland Avenue —�� - � S '+�'• ��• �R4'1 - V°ti- 5 Decision: Laid Over to the August 19 Property Code Enforcement meeting 6 772 Lincoln Avenue e 7 Decision: Appeal� D�.ry�� e,q Terry McGrath 8 1339 Sherburne Avenue Allan Cederberg 9 . S ee. cou„�; � K; Ie. -� 9`I — Ioa�( 10 911 Minnehaha Avenue West #105 Eddie Maddox 11 Decision: Appeal Crranted 12 640 Jackson Street 13 Decision: Appeal Granted 14 1034 Suburban Avenue #104 15 Decision: Appeal Denied 16 630 Pierce Butler Route 17 Decision: Appeal Denied 18 1760 Case Avenue 19 Decision: Appeal� (� e e a Doody Mechanical Inc./Larry Rosenbower Delbert Phillips RJ Schinner Company, Ina/ B. Giassman Keith Pederson 1 q•�_ /0►3 1 2 3 4 5 6 7 Yeas Nays Absent Blakey � Bostrom � Harrfls f Megazd � Morton ✓ Collins ✓ Thune ✓ � d � 8 Adopted by Councii: Date � q 9 Adoptio ertified by 10 By: 11 Appn 12 By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � Gt7- 1b �1 DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED I V� 2 9 8 61 CITYCOUNCII, �6�m GREEN SHEE CONTACT pER$ON & PHONE INRIALIDATE INITIAVDATE �DEPARTMENTDIRECTOR OCITYCAUNCIL Gerty Stratl�man 266-8575 ASSIGN � CITYATTORNEY O CRYCLERK MUST BE ON COUNCiI AGENDA BY (DATE) pO� GFOR O$UDGET DIAECTOR � FIN. 8 MGT. SEFVICES DiR. August 13, 1997 Public Hearing OflDEfl O�yQp (pR A��y�ANn 0 TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION REQUESTED: . Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for ihe August 5, 1997 meeting. RECAMMENDATIONS: ApProve (A) or Rejact (Fi) pER50NAL SERVICE CONTRPCTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/Firm ever worked under a contract for this department? _ CIB COMMITfEE YES NO _ SrAFF _ 2. Has this person/firm ever been a city employee? YES NO _ oi57RiC7 CouF1'f _ 3. Does this personRirm possess a skill not normally possessed by a�y curtent ciry employee? SUPPORTS WHICH COUNpL O&IECTNE? YES NO Explain all yes answers on separate sheet and attach to green Sheet INIT7ATING PROBLEM, ISSUE. OPPORTUNITY (Who, What, When, Where, �✓hy): A�VANTAGES IFAPPROVED: DISADVANTAGES IFAPPROVED. DISADVANTAGES IF NO7APPROVED' TOTAL AMOUN70FTHANSACiION $ COST/REVENUE BUDGETED (C�RCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITV NUMBER FINANCIAL INFORMATION (EXPI.AIN) �li � Council File # ��'� Green Sheet # _��>�� RESOLUTION CITY OF SAINT Presented By 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Referred To . Date G7—�13 WHEREAS, 1339 Sherbutne Avenue, St. Paul, Ramsey County, Minnesota, has been a nuisance property for a number of years; and WHEREAS, the St. Paul Fire Department has documented several significant violations of health and fire codes inside 1339 Sherbume Avenue and has condemned four of the units because of eattensive damage; and WHEREAS, the St. Pau] Fire Department has revoked the Certificate of Occupancy for 1339 Sherbume Avenue effective July 31, 1997; and WI�REAS, the owner, Alan Cederberg, has not managed 1339 Sherburne Avenue properly up to this point on his own and has not yet made the necessary repairs to bring 1339 Sherbume Avenue into compiiance with all applicable health and fire codes; and WHEREAS, Mr. Cederberg personally attended the city council meeting and admitted that the underlying revocation of the Certificate of Occupancy of 1339 Sherbume Avenue was proper and that the required repairs were necessary; and WHEREAS, Mr. Cederberg expressed his willingness to abide by the conditions recommended by the Fire Department and adopted by this Council; and WHBREAS, Mr. Cederberg acknowiedged that any failure to comply with the conditions set out in this Resolution would result in immediate enforcement of the revocation of the Certificate of Occupancy at 1339 Sherbume Avenue; and WHEREAS, this Council acknowledges the shortage of affordable low-income housing in St. Paul, and the potential for displacement that the immediate enforcement of the revocation of the Certificate of Occupancy might cause; and WHBREAS, this Council wishes to avoid potential litigation resulting from the immediate enforcement of the revocation of the Certificate of Occupancy might cause; therefore BE IT RESOLVED that enforcement of the revocation of the Certificate of Occupancy at 1339 Sherbume Avenue is hereby suspended subject to the following conditions: 1. By August 31, 1997, Mr. Cederberg (Landlord) shall have an independent real estate appraiser examine 1339 Sherbume Avenue and provide a written estimate of cutrent mazket value to St. Paul Fire Prevention. This estimate must include all of the costs required to bring 1339 Sherbume Avenue into compliance with all applicable health and fire codes. 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5� 51 �� tO/� 2. By August 31, 1997, Landiord shall have hired an approved management compan manage 1339 Sherbume Avenue. The management company must begin managing the building by no later than September 1, 1997. 3. By August 31, 1997, Landlord shall have acquired all of the necessary pemuts needed to bring 1339 Sherbume Avenue into compiiance with ali applicable health and fire codes. T1us includcs the posting of any and all requircd bonds. 4. By September I5, 1997, Landlord shall have a new security intercom sysiem complete with new door installed at 1339 Sherbume Avenue. 5. By September 30, 1997, Landlord shall have listed 1339 Sherbume Avenue to be sold through an approved real estate agency. The listed asking price shall not exceed 125% of the appraised value as sei out above. This price may only be raised upon completion of significant repairs by Landlord, and a new independent appraisal by a qualified appraiser. 6. By September 30, 1997, Landiord shall have licensed contractors begin working on the necessary repairs at 1339 Sherburne Avenue. 7. By October 31, 1997, Landlord shall have either made significant progress in having all of the necessary repairs compieted at 1339 Sherbume Avenue or have compieted a bona fide sale of the property to a third-party buyer. Whether significant progress has been made shall be determined by St. Paul Fire Prevention after a complete on-site inspection. 8. By December 31, 1997, all necessary repairs to bring 1339 Sherbume Avenue into compliance with all applicable health and fire codes shall be completed or 1339 Sherburne Avenue shall be vacated until such repairs aze completed. Whethet all necessary repairs have been compieted shall be detemuned by St. Paul Fire Prevention after a complete on-site inspection. 9. Landlord shall inform any and all potential buyers of 1339 Sherbume Avenue of this resolution and shatl provide them a copy of the necessary repairs required to bring 1339 Sherbume Avenue into compliance with all applicable health and fire codes in addition to a copy of this resolution. 10. Provided that Landlord complies with all of the above requirements, St. Paul Fire Prevention shall not enforce the revocation of the Certificate of Occupancy at 1339 Sherburne Avenue. 11. If Landlord fails to comply with any of the above requirements, St. Paul Fire Prevention shall enforce the revocation of the Certificate of Occupancy immediately and shall provide the tenants of 1339 Sherbume Avenue with a 30 day notice to vacate. � 1 12. At periodic times as viewed necessary by St. Paul Fire Prevention, Landlord shall 2 meet with a representative from St. Paul Fire Prevention and provide written documentarion or q ��/3 3 on-site inspection to verify that all of the above requirements aze being completed as required. 4 � Requeated by Department of: By: Form A.pproved by City Attorney Adopted by Council: Date � �� 8y � Adoption ertified by Council Se eCary Approved by Mayoz for Submission to Council $Y' �- . �� ""l � ,l _�___ By: Approved by Mayor: Date � ey: N° 50533°��`� r-.��_._� : � � - . �- a. DEMRTMENTpFFICE/COUNCIL DATEINITIATED GREEN SHEE � C].0 Counc' 8 13 97 INITIAVDATE INITIAVOATE CONTACT PEFSON d PHONE � DEPARTMENT DIRECTOR a QTY GOUNqI Councilmember Blake 266-8610 pSSIGN � CITV A170RNEY � CITV GLERK NUMBENFOF MUST BE ON COUNCiI AGENDA BY fDATE) ROUTING O BUOGET OIPEGTOR O FIN. 8 MGT SERVICES DIR. ORDEP O MAVOR (OR ASSISTANT) O 8/13/97 Sus ension Ite TOTAL # OF SIGNA7URE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) FCTION REOUESTED. R°' '"—"`''----- =��^' '^'7 suspending enforcement of the revocation of the Certificate of Occupancy at 1339 Sherburne Ave subject to conditions. FECOMMENDATIONS: Approve (A) or Reject IA) pERSONAL SERVICE CONTRACTS MUST ANSWEfl THE FOIIOWiNG OUESTIONS: _ PLANNING COMMISSION _ C�`11L SERVICE COMMISSION �. Has ihis person/tirm ever worketl under a conlreC� tor ihis Oepartment? ' _ CIB COMMITTEE _ YES NO _ STAFF 2. Has this pessonlfirm ever heen a ciry empfoyee4 — YES NO _ DiSTRICi COURi _ 3. Does this Oerson/lirm possess a skill not no�mally possessed by any current city employae� SUPPORTS WHICH COUNCILO&IECTIVE7 YES NO Ezpiain eli yes anawera on sapera�e eheet and ettach to green sheet INITIAiING PROBLEM, ISSUE, OPPORTUNITY (Who, Whet, Whan. WhBre. Whyj. ADVANTAOEB IF APPROVEO: DISADVANTAGES IFAPPROVED: UISADVANTAGES IF NOTAPPqOVEO: TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDIIJG SOURCE ACTIVITV NUMBER FINqNCIAL INFORbSATION: (EXPlA1N) ��- !0!3 Properry Code Enforcement Meeting Cj August 5, 1997 � Gerry Strathrnan called the meeting to order at 1:29 p.m. 1571 Marvland Avenue Thomas Lindbeck, owner, appeared and stated he received an order to do repairs on July 14. He filed an appeal July 22, which is within ten days of the notice as the instructions state. Before he filed the appeal, a condemnation was done on July 22. Mr. Lindbeck feels he is being harassed. He has had real estate people approach him about purchasing this property and feels there may be a conspiracy to take his property away. Gerry Strathman responded Public Health can proceed at any pace they want, but filing the appeal suspends enforcement of the order until after the matter is heazd by the City Council. Thomas Lindbeck stated he received a letter on July 14 to clean up the garbage on July 15. He contacted someone to ask for mare time. About Violation 4 which deals with the fizmace, Mr. Lindbeck talked to Inspector Dauid Weisberg who said the work has to be done by a licensed contractor. Mr. Lindbeck called License, Inspections, and Environmental Protection (LIEP) and received a letter from Christine Rozek saying a business license is not required for cleaning furnaces. Gerry Strathman responded Violation 4 does not mention cleaning, but deals with having the furnace and water heater inspected. Thomas Lindbeck stated on July 24, the electrical inspector Franklin Gurney inspected the property and said the electrical service must be repiaced because it was submerged in muddy water. Mr. Lindbeck stated having the circuit box completely replaced would be an expensive project of $1,500 or more. Three electricians said the m�imum needed to be replaced is the interior. Mr. Lindbeck feels this is a conspiracy to wear the landlord down and take over the property. Thomas Lindbeck stated he needs more time to comply and to convince people what they are ordering is improper. David Weisberg, Public Health inspector, appeared and reported Violations 1 and 2 have been taken care of by the tenant. The furnace and water heater should be inspected by a licensed furnace contractor and licensed plusnber. Whatever work they requite needs to be done. All work on rentai properry has to be done by a licensed electrician. The immediate concern is the structural support to the basement ceiling. This has been taken care of. An extension has been given until August 20 on the vacate date. Gerry Strathman laid over this matter to the August 19 Property Code Enforcement meeting. If the matter has not been taken caze of by then, another decision will be made. Thomas Lindbeck requested the decision in writing. (Note: a letter was sent to Mr. Lindbeck on August 6 with Gerry Strathman's decision.) q�-�a� PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 772 Lincoln Avenue Page 2 Terry McGrath, owner, appeazed and stated his appeal is for staying the condemnafion order as being unfit for human habitation for the T'hird Fioor. Violation 1 states the Second Floor unit is unapproved. Mr. McGrath stated there is no Second Floor unit. There never was action to increase to a duplex in 1982 as stated in the paperwork. In 1982, there was a court case where the judge ordered the stove be disconnected and the occupancy could reuiain a single family home. There aze occupants that live on the Third and Fourth Floars, but it is a single family home. Violation 2 deals with the electrical. Mr. McGrath handed Gerry Strathman a letter concerning the electrical system. Violation #3 deals with the furnace in Unit #2. Mr. McGrath handed Gerry Strathman a letter concerning the furnace. Mr. McGrath did not understand "no proper sepaza6on" in Violation 4. The wood stairs are not deteriorating as stated in Violation 5. A tree branch put a small hole neaz a valley in the roof that created some water damage. That has been fixed. The missing plaster as stated in Violation #7 is not a health haza.rd but has been fixed. Violation #8 states the ceiling around the chimney is not sealed properly. It is a triple asbestos flu liner and does not constitute a code violation, but it was fixed. Violations 9, 10, and 11 dealing with the kitchen floor, stove vent, and the bathroom vent fan were a11 taken care of. None of these violations constitute a health hazard. Steve Schiller, Public Health inspector, appeared and reported he was at the property yesterday morning, but did not go inside. The occupancy issue has not been resolved since 1982. The elecirical system had problems. Repairs may haue been made prior to these licensed contractors coming in. On Violation #4, there was only a ctu-taiii between the Second and Third Floors and no fire access. Terry McGrath responded there is a door separating the Second and Third Floors at the bottom of the stairs. Gerty Strathman stated he is having a hard time seeing the basis far unfit far human habitation. Steve Schiller stated there is a zoning violation, missing cover plates on the inside and outside electrical system, fans don't work in the bathroom and on the stove. Mr. Strathman responded there is a letter indicating some of these items have been repaired. Mr. Schiller responded this is the first time he has seen these letters. Gerry Strathman stated a second inspection is in order. ff what the appellant is representing is true, there does not seem to be basis for condemnation. Wendy Lane, LIEP, appeared and stated she feeis uncomfortable with one section of the City being told it is okay to haue a second unit. Gerry Strathman responded there is a forum for dealing with a zoning violation; condemnation is not the normal first course. Ms. Lane agreed. Terry McGrath showed Mr. Strathman a video of the scene. Gerry Strathman granted the appeal because he could not support the finding that this building is unfit for human habitation. Steve Schiller submitted files for the record. q'7 - l o t� PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 1339 Sherburne Avenue Page 3 Allan Cederberg, owner, appeazed and stated this building was involved in the flooding in 7uly. He has no probiems with the July 22 Certificate of Occupancy. He has questions about Violafion #8 to provide mechanical ventilation in all units. What he has done is adequate. An electrical contractor has been hired. Saint Paul Plumbing came in Monday to fix the trap in Apartment #5. Pat Fish, Fire Prevention, appeazed and reported the venfilation is not adequate. There is gravity ventilafion from years ago. It wouldn't be hard to instail a fan because the duct work is already there. It is a fairly inexpensive project. If Allan Cederberg would provide documentation that the roof has been inspected and in good condition, that would be sufficient. Mr. Cederberg said he would have the roof inspected. There was considerable evidence of water damage. The electrical service in the building is not up to code. A licensed elecirician would have to be in the building doing that work. There is some logic to doing it at that tnne. Allan Cederberg stated Violation #36 has to do with steps and he would like something in writing telling him what has to be done. Gerry Stratl�man stated Pat Fish will give him the requirements on that. Allen Cederberg stated he would like a six month extension to complete this project. Pat Fish stated she gave an extension already. She was concerned about the electrical, the plumbing, and the roof. A majority of the work has been done by Mr. Cederberg and is not up to code. Linda Druck appeared and stated she lives down the block from 1339 Sherburne. She has been working with the block club for over 3 years to get Ailen Cederberg to do some improvements on the building, but nothing changes. There have been 200 police calls in 1'/x years. There are 3 people living in the condemned apartments. Ms. Druck would like to see the building condemned. Mr. Cederberg does not shovel in the winter. His trash is all over the alley. Gerry Strathman responded some of these issues are not relevant today. Patrick Hess, Ramsey County Attorney Office, appeared and stated he works with nuisance properties and has been working with Allen Cederberg for over a yeaz because there was a lot of drug activity at the address. Tenants were compiaining about some of the condifions. Mr. Cederberg's track record is that he does not follow through on thiugs he says he will do. He has agreed to bring in a caretaker, but both caretakers were not informed what they were suppose ta do. Mr. Cederberg always fmds a reason to postpone his projects. Today, his reason is tlie cost. He is unable to spend the money necessary to make the repairs. He attempts to do it tumself, but is unable to do them up to code and creates more problems than he fixes. Allen Cederberg stated he is not the best manager, but does his best. Gerry Strathman denied the appeal. �'1-l PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 911 Minnehaha Avenue West #105 Page 4 Eddie Maddox, owner, appeared and stated he is appealing the quality of the inspecrions. He showed Mr. Strathman the defuution of the eatension cords. Mr. Maddox stated in the uniform fire code, they aze fle�ble cords and aze permitted as pennanent installation. Pat Fish reported the 1991 Mimiesota Uniform Fire Code prohibits eattension cords for permanent wiring. These aze eactension cords. An electrical inspector was sent out. There was extensive discussion with the fire mazshal. The inspectar was refused re-enhy. In a multi unit building, the code does not allow extension cord wiring. Eddie Maddox said it was only the last time he refused enhy to the inspector, but the inspector had been there several times before. Gerry Strathman granted the appeal based on Eddie Maddox's explanation that these aze flexible cords, not extension cords, and absent any evidence to the contrary. 640 Jackson Street Lany Rosenbower, representing the owner, appeared and stated this is about a new stand alone parking ramp and involves the fire protection stand pipe system. The issue is about valves in the vehicle pipes that come off in the main run. This applies to the wet valve system in order to turn the valves on and off to maintain the system. 640 Jackson has a dry system without any water in it. The valves do not serve any purpose. Gerry Strathman asked do the valves serve a purpose. The inspector responded yes and no. This is a dry system and a code requirement. The reason for the vaives is in the event there is some damage to one azea, that area can be sectioned off without taking the other areas out of service. The inspector has no problem with this appeal. This will be addressed down the road if there is a problem. Gerry Strathman granted the apgeal. 1034 Suburban Avenue #104 No one appeazed. Gerry Strathxnan denied the appeal. Pat Fish stated this involves a cat urine odor. The unit will be posted with a vacate date. 630 Pierce Butler Route No one appeazed. Phil Owens, Fire Marshal's OfFice, appeared and reported the ventilation is inadequate if not non existence. This is a warehouse that operates fork lift hucks in the building. Both occurrences q� -1�13 PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 Page 5 happened on Mazch 5. Fire Department personnel responded when three workers had been overcome by cazbon mono�de poisoning. The district chief indicated the cazbon monoxide poisoning was due to no ventilation. Northem States Power personnel was called and determiued the cazbon mono�de was from fork lift trucks. There was another complaint on 7uly 15. The Fire Department found cazbon mono�de levels were too high. This business had made no effort to rectify the situation. Gerry Strathman denied the appeal. 1760 Case Avenue Patricia Whitney, Keith Pederson's attorney, appeazed and stated her company runs the property when Mr. Pederson is out of town. She objects to the certificate of occupancy inspection. This inspection occurred as a result of a referral from Apartrnent 6. There was no failure to comply because there was no advance notice. Pest control treated the building on July 26; this is done monthly. Violation #2 concerning the leak from Apartment 6 has been corrected. Violation #3 deals with the window. This window has been boazded up; it will be insulated and made part of the permanent wall. The carpeting is stained but it has been cleaned. The on site managers are suppose to be vacuuming daily. New carpeting has been purchased and will be installed in the common areas in September. The building was inspected on July 16. On July 17, the residents in Apartment 11 were evicted. The inspector Dennis Watters inspected again on July 31, but Ms. Whitney does not have a written response to the results. Patricia Whitney stated Apartment #6 residents have changed the locks and refused to provide the caretakers with keys. They were given a pay or move notice on July 16 just prior to the inspection. They are in arrears nearly $2,000 in rent. The residents of that apartment aze circulating a petition. Tenants aze bypassing management and going directly to the inspectors. This is unnecessary because Ms. Whitney is often on site. Pat Fish reported Dennis Watters is on vacation right now therefore she does not haue the response either. This complex has a long history of some problems. Keith Pederson has a tendency to procrastinate on problems. Because of the activity there, the caretakiug seems to be more than a full tune job. The certificate was revoked in hopes that Mr. Pederson would take chazge. Patricia Whitney stated Keith Pederson does have a procrastination problem and an additional person has been hired. Gerry Strathman granted the appeal on the basis that the responses to these violations seem to be adequate. Meeting adjourned at 3:13 p.m. AUG 4 '97 08�44 FROM LSD 1959 TO 041#169p2222770# PAGE.002 p��, (� 1 � 7 �-(� 7 - ---�--�--._.�____.._. . --- _ _. _ _ - -- ----- ---- `�._ 1t14��. ._. � ._. ._. ----- ---�-- .- S. { j_ -._. _..---------- _ .-- ---- ---�: t�.u�� -c,b�_f� __�� . -- �---- - --- � - ----- . _�?�- --Lr�+t�!✓_.�4 _ . ___._- _-- - - ___,.-- ---�t �J_(, .�a SSro� __ .. . . _---.____-- _ . ___ _. _ . _ _. ..��, - . --- --_ _ _..___.__--- ---- _ _ __ .._ .. ---.. _._ . _ . -- - - . �. _ .. . .�_ . f • �/ o ,vr �' f� _.. . l d� � ....a. �.� r��,�.....-f1�1 �,�.... � . .. � � f�t�. .,E� . ?��_ �i�s�/.v ----- - ---._. .--- --- � . __... � -- - ----� - ' _.. ._ .._ . � --...�L.... ._��...�� . _ .. 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P ��z �tTT 00 :�: S K O ~ J Y� � g �C George Latimer Mayor November 20, 1979 � � - (o(� CITY OF SAINT PAUL DEPARTMENT OF COMMUNITY SERVICES DIVISION OF HOUSING AND BUILDING CODE ENFORCEMENT Ci[y Hall, Saint Paul, Minnesota 55�02 6ti2-298-4212 '1'erry P. McGrath 772 Lincoln Avenue Saint Paul, Minnesota 55205 Dear �(cGrath: The �lans as submitted for a third floor aoartment at 772 Lincoln Avenue do not meet the zoning reaulations as a permissible use. Thi_s nroperty is zoned R-4, for single family use. It is our opinion that the proposed addition to the third floor constitutes a separate unit, as o��posed to an accessory use. YoL. hace the right to appeal this decision to thc Board of Zoning Appeals. F:r.closed is your check in the amount of $67.25, and an application for an .�dministrative Review, should you decide to appeal. � /�L.._ f - Glenn A. Erickson Zoning Administrator C.41i/1VL/eh EnC CROCUS HILL ELECTRIC COMP�'�NY 8S6 .lefferson Avenue � � , ( a �� St. Paul, Minnesota 55102 Phone 221-0261 FaY 221-0354 August s, 1997 Mr. Terry McGrath 772 Lincoln Avenue St. Paul, Minnesota 55105 Dear Mr. McGrath: On July 27` I conducted an inspection of the electrical in the 3` floor of 772 Lincoln. I found the electrical to be in unusually good condition. It has a separate 100-amp service panel and circuits. In specific, I found no Code violations. There is, however, and unwired fresh air damper and an unenergized piece of romex installed for future traak lighting. Neither of these items constitutes a violation of the national electrical code. Upon Further inspection I determined that the JenAir stove fan wasn't working because the stove was disconnected and the bath fan had been unplugged. My inspection revealed no electrical code violations, therefore, there could be no violations that would constitute endangerment to health or safety. Sincerely, i ;, O � / i. � / /�<7'�Llc� ' Richazd Kirtland RK1pk u3:9d� fli 1ION 17:1A FA1 G12�}54��1.21 rfi,... �:.> August 4, 1997 Mr. Terrv ��cGrath 772 J,incoln Ave. 5t. Paul, M��. 5 �105 AONFF'S PLI�DtBCN�: � 1 '�� ,,, /'i� . ��1 Qnality WvrklQualiir Valne, Dear Mr. NicCrratb, On Jaly 22, 1997, 1 conducted an ins�ection of the me,chanical and plu�nbin� sysleixis on t�e Chird floor at tfie above residence I found n� violatious of the cu.�rent loral ,nPClranic�l and plumbing code nt this tinie. Ifyou neeci any furtl�er assistane,e. ple1,G� �:nll ��ie 5incerely, �� Wal er J. onfe Presiden 13f0 Sib�ey Me,morial Highway • f'O Box 5b798 Mendota. MN 5515U-U79Ei Phone: (F I?_) 454-1997 - f"f1X: (r;t9) �r,� f;.'3o `� � `I/l�c� � 1 I — 7��` �'� �� , �o L7 DIVISION OF HOUSING AND BUI IN6 CODE ENFORCEMENT ADDRESS � /li- „ ]' CENSUS TRACT SEQUENTIAL N0. COI;PLAINT DATA: f ?�,c�,�� Q��U� � 2� �,� ��- COMPLAINAN� ADDRESS (�/L�C�C! ONE NO,p� � - (� r ` \ I _ _ � � WV iy'� . M C� � .1--// C ` � .�/ 1 _ �.�f� �,/ L / a_ I i u� � ��i//��'4� � La3� � �,/�'� � ./ � � . �_:r� �_ �� /� � / . ;/ :�, � - = � ' , � �ss�: .� � � ' � / .�" ' u _ i . . .:F d � I� ;,� � 1' ��. �..�L �� i , a ; .- . � � 1 2 3 4 5 6 7 8 9 10 ll 12 � 14 15 16 17 18 19 20 21 22 23 24 25 9NREki! �F F89�.0 Ftitiatxcs AtlG �0 4 i4 �� STATE OF MINNESOTA COi3NTY OF RAMSEY CITY OF ST. PAUI,, i� � l.-c.. �-( 2 `N'� .� � . �01� MUNICIPP,L COURT CITY OF ST. PAT3L Plaintif£, vs. TRANSCRIPT OF PROCEEDINGS TERRY MCGRAF, Defendant. Transcript of Proceedings held be£ore the Honorable John J. Kirby, Ramsey County Judge, on April 28, 1981, at St. Paul, Minnesota. APPEARANCES : John McCormick, Assistant City Attorney, appeared on behalf o£ the Plainti£f. John Scanlan, Attorney at Law, appeareo on behalf of the De£enaant. RAMSEY COUNTY MUNICiPAL COURT . 1245 Court House St. Paul, Minnesota 55702 il � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _z- �� ot7 MR. MCCORMICK: This is in the matter o£ the City of St. Paul, versus Terry McGraf. Mr. McGraf is cha=ged with an ordinance violation of remodeling a third floor without a permit. The buil8ing is located at 772 Lincoln Avenue in the City of St. Paul. Your Honor, there has been numerous discussions between respective counsel and myselE an6 with the Builaing Departmen Basically, the procedural history has been laid out to this Court as to the fact that it is allege6 by the City that the Defendant did not -- he completed a reconstruction of a third floor area without having the proper permit. He did apply for permits Prom the City of St. Paul, his plans were not approved as a result a£ the totality of the reconstructio involved. It was the opinion at that time o£ the Builping Department that the way the plan laia it out is that the Defendant was, in fact, constructing a completely separate unit up in his third £loor attic area. There is an exterior stairway, a bedroom, a bathroom, a washer and dryer £or clothes, £ireplace, living room, library, and a kitchen complete with cobking facilities and re£ridgeration. As a result, the plans were not approve6. There have been numarous inspections since that date an6 complaints to the City from neighbors in the area as to the construction and as to the proposed use of this attic. Ultimately, a tag was issued in late December of 1979, RAMSEY COUNTY MUNICIPAL COURT 1245 Court House St. Paul, Minnesota 55702 -3 �� , �a�/ 1�� I believe because of subsequent inspections indi.cating that 2II although Mr. McGraf did not have the permits, the attic or 3 third £loor area was completed. That is the charge which he 4 is here to6ay on. 5 After our discussions, it has been brought to my 6 attention that the City would, in fact, issue a permit to 7 Mr. Terry McGraf for the reconstruction oP the third floor 8 attic area at this address, but this p°rmit is �ssued -- is 9 limited as £ar as its issuance. It is issued on the basis 1Q that this third £loor attic area will not be used for rental 11 property or £or any unacceptable use under the present 12 zoning classification for that neighborho�d. 13 Also, it is my understanding that the permits would be 14 granted on con3ition that the cooking £acility that is 15 presently in this thiro £loor attic area be oisconnected 16 because at this time w:�at makes this unit in violation of 17 the present zoning orainance is that it is zoneo for sinqle 18 Pamily and by the fact that this unit or is classified as 19 a unit because it has the separate sepsrate bath- 20�� room, separate washer and dryer and living room and befiroom, 21 that it composes a unit and makes it a duplex or something 22 f) other than a single family dwelling. � 23f� I£ the Defendant disconnects the present cooking 24I� £acilities, which I understand are electric stove and overs, 25 and puts a metal plate over the plug in receptacle, that RAMSEY COUNTY MUNICIPAL COURT � 1245 Court House St. Paul, Minnesota 55102 -4- �� , l� � � � 1' 2 3 4 5 6 7 8 9 1� 11 12 13 14 15 16 17 18. would keep this reconstruction project from their classifica- tion as a unit; ano, therefore, it wouldn't be in violation oP the ordinance. However, if at any time Mr. Terry McGraf either rents this prpperty or reconnects the stove an6 has someone living up there and cooking, he would be in violation of the present ordinance and zoning ordinance unless he has reached some type of variance with the Zoning Committee. Tha� is my summary of what our agreement is. Iie will be entering a plea and he will disconnect the stove and apply £or a permit, and this would involve a certain amount of inspections on the job site. He will apply for the prop2r permits and the permits would be issued by the City on condition that the property is not used £or any other purpose THE CO'JRT: Is that your understanding, Mr. Scanlan? MR. SCAI3LA^S : TiiE COURT: Yes. Is that the 19 agreement which you have negotiateo the plea? 20 MR. SCANI�At3: Yes. L� 22 23 THE COURT: The Defendant is pleading.guilty based on those negotiations? MR. SCANLAN: Yes. 24 THE COURT: Also negotiated z5 that this would be put on the deferreo calendar for a period RAMSEY COUNTY MUNICIPAL COURT � 1245 Court House St. Paul, Minnesota 55102 � ��, . -5- �� _ �� , 2 3 4 5 6 7 8 9 1� 11 12 13 14 15 16 17 18 19 20 u 22 23 24 25 o£ six months? MR. SCANLA.N: Yes. MR. MCCdRMICR: I requested originally for a one year period. MR. SCANLAN: I would request six months. THE COURT: What did you stipulate to? MR. SCANLAN: We didn't st�:pulate to limit o£ time. MR. MCCORMICK: A reasonable period. THE COURT: I will decide. It will be nine months. I get to aeci3e something. It will be nine months for these particular requirements and obligations to be fulfilled. At the end o£ the nine months perioo, the building inspector will notify the grosecutor as to whether these have been fulfilled or not. If they have been £ulfilled, then the matter will be dismissed as prescribed by Statute, and there will be no further appearance in Court needed. If they are not fulfilled, then the Deferrdant will have�to come back and show cause why he should not be sentenced. (Hearing concluded.) RAMSEY COUNTY MUNICIPAL COURT � 1245 Court House Si. Paul, Minnesota 55102 � , � z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 u az 23 24 25 � STATE OF MINNESOTA COUNTY OF RAMSEY �� I, James Thiewes, OffiCial Court Reporter, do hereby certify that the above transcript is a true and. complete transcript of my shorthand notes taken the above entitled matter before the Honorable John J. Kirby, Rams�y County Judge, at St. Paul, Minnesota, on April 1981. RAMSEY COUNTY MUNICIPAL COURT 7245 Couri House� St. Paul, Minnesota 55102 Valerie G. Blatnik-Sigel and David Sigel 2775 Lexington Avenue, #117 Roseville, MN 55113 August 11, 1997 Councilmember Roberta Megard 310 City Hall St. Paul, Minnesota 55102 c�� _ �� IMPORTANT -- PLEASE READ BEFORE AUGUST 13 CITY COUNCIL MEETING! Re: CONDEMNATION of 3rd Floor Apartment at 772 Lincoln Avenue, St. Paul Dear Councilmember Megard, We are writing to provide information we feel that you and the other City Councilmembers must consider in reviewing Mr. Terry McGrath's appeal of the condemnation order for the third- floor apartment at 772 Lincoln Avenue. We rented the apartment at 772 Lincoln Avenue from Mr. McGrath from June 1995 until August l, 1997, when we were required to move out of the apartment pursuant to the July 17, 1997, Condemnation Notice and Order to Vacate. We are concerned that the Legislative Hearing Officer who heard Mr. McGrath's appeal of the condemnation order on August 5 was given inaccurate and misleading information about the nature of the property at 772 Lincoln Avenue and about the condition of the apartment there. Cited Code violations. The July McGrath cites rented at 772 deficiencies, condemnation a Council. 16, 1997, condemnation letter addressed to Mr. eleven separate deficiencies of the apartment we Lincoln Avenue. (See Letter, Tab A) These we understand, must be corrected before the nd vacate order will be removed by the City Mr. McGrath addressed the deficiencies at the hearing before the Legislative Hearing Officer and submitted two letters -- one �,� _ io �7 from an electrical contractor and one from a plumbing contractor, attesting to the lack of code violations. We were not present at the hearing. However, we requested a cassette tape of the hearing, which we have listened to. A copy of the tape and the transcript of the hearing are attached at Tab B. We urge you to consider the following information in deciding whether to stay Mr. McGrath's appeal of the condemnation of the 772 Lincoln Avenue apartment. We are very concerned that the apartment was not -- and, indeed, still may not be -- in conformance with health and safety codes applicable to rental property. We are also concerned about the well-being and safety of other tenants who may rent the apartment from Mr. McGrath in the future. Violation #1 - Zoning violation. The first of the eleven violations listed in the condemnation notice states that the apartment is not an approved unit because it does not conform to zoning restrictions and that action to increase the property from a single family resident to a duplex was denied in 1982. Mr. McGrath testified at the hearing before the Legislative Hearing Officer that there is no separate second floor unit at 772 Lincoln Avenue and that the property is a single family home and not a duplex (See Transcript pgs 1-3, 9, Tab B). The Legislative Hearing Officer apparently was confused about whether the property was a single family home or a duplex because he asked Mr. McGrath specifically three separate times about it. (See transcript pgs 1-3, and 9, Tab B) Mr. McGrath stated each time that the property either was a single family home, a single unit, or was not a duplex. (See transcript pgs 1-3, and 9, Tab B) The apartment at 772 Lincoln Avenue is, in fact, a separate unit. We rented the apartment on the third floor from Mr. McGrath through his property management company, McGrath Properties, from June 1995 until July 1997. Attached at Tab C are copies of our leases. The front page of the lease clearly states that the lease is for "THE THIRD FLOOR APARTMENT OF 772 LINCOLN AVENUE, ST. PAUL, MN." We paid McGrath Properties a security deposit of $895.00 prior to moving in. Our rent for the first year was $895.00 per month; it was $925.00 per month for the second year. The last three months we lived there Mr. a�,Eo�� McGrath required us to pay $962.00 a month (a 4°s increase) as we rented the apartment on a month-to-month lease. The apartment has its own separate outside entrance with a separate keyed lock. During the more than two years we lived there, the apartment had a kitchen furnished with a working stove, refrigerator, and dishwasher. It also has a dining room, living room, two bedrooms, bathroom, loft, clothes washer and dryer, and a self-contained furnace. We paid our own utility bi11s directly to Northern States Power. We also paid our own phone bills and had separate mail delivery. Mr. McGrath, his wife and daughter live in the first two floors of the property and have outside front and rear entrances into the property which are separate from the entrance to our apartment on the third floor. We do not have any relation to or know the McGraths apart from the fact that Mr. McGrath is our landlord. Mr. McGrath also testified before the Legislative Hearing Officer that in 1982 he was involved in a court case in which the judge ordered him to disconnect the stove of the apartment at 772 Lincoln Avenue. Mr. McGrath testified that, although he was required to disconnect the stove, the judge told him the tenants who rented the space could remain. (Transcript pg 2, Tab B) Attached at Tab D is a copy of a hearing transcript of the matter Mr. McGrath apparently is referring to, which shows otherwise. The transcript indicates that Mr. McGrath was prosecuted in Ramsey County in 1979 or 1980 for completing reconstruction of the third floor of 772 Lincoln Avenue without first obtaining the proper building permits. (See Transcript pg 2, Tab D), According to the transcript, Mr, McGrath's constructions plans were not approved because Mr. McGrath was believed to have been constructing a separate unit on the third floor at 772 Lincoln. (Transcript pg 2, Tab D). The issue came to the attention of the City because neighbors complained about the construction and the proposed use of the third floor. (Transcript pg 2, Tab D) Mr. McGrath pled guilty to the charge but was not sentenced at that time �ause he agreed to disconnect the stove and to never use the reconstructed third floor for rental �urposes (Transcript pgs 3-4, Tab D). (See also notes taken by an inspector of the Housing and Building Code Enforcement Division, attached at Tab E, of a phone conversation with the McGraths in 1979 in which the McGraths a� - t� �� stated that they were not converting 772 Lincoln Avenue into a duplex for rental income.) Violations #2 and #3 - Hazardous electrical system and furnace At the hearing before the Legislative Hearing Officer, Mr. McGrath submitted two letters from contractors attesting to the good condition of the electrical system and the furnace. The L�islative HearinQ Officer based his recommendation that the condemnation be lifted in large �art on these two letters (See Transcript pg 8, Tab B) We think it is important that you have the following information about the letters. The letter dated August 5, 1997, from Crocus Hill Electric Company states that an inspection of the apartment was conducted on July 27 and that the electrical system was found to be in unusually good condition. (See Letter, Tab F) The letter also states that "the JenAir stove fan wasn't working because the stove was disconnected." Mr. McGrath owns Crocus Hi11 Electric Company, the electric company which conducted the inspection. The statement in the letter that the stove was disconnected simply is not true. During the more than two years that we rented the apartment the stove was connected and was in working condition. In fact, Mr. McGrath provided us with two additional burners to replace the grill section of the JenAir stove so that we would have four burners. We used the stove to cook on a daily basis and to clean the oven the clay we vacated the apartment on August 1. The August 4, 1997, letter from Bonfe's Plumbing Service and Repair, Inc., states that an inspection of the mechanical and plumbing systems was conducted on July 22, 1977. (See Letter, Tab F) We are not aware of any such inspection. Valerie was home all day on July 22 recuperating from emergency appendectomy surgery she had on July 20. The only persons who entered the apartment on July 22 were Mr. McGrath and his son-in-law, Emil. Both looked at the furnace and then left. Apart from the letters, the most important issue is the actual condition of the electrical system and furnace themselves. The housing inspector cited both items as being in hazardous condition and not up to code. Mr. McGrath testified at the Legislative hearing that he did not hire anyone to correct these violations, arguing apparently that no such corrections needed to �1'1- �o �� be made. (Transcript pg 10, Tab B) The photographs of the furnace and the electrical system attached at Tab G, taken on July 23 -- one day after Bonfe Plumbing's alleged inspection on July 22 -- show the inadequacy of these areas and speak for themselves. Violation # 4- Lack of proper segaration between the second and third floors. The Legislative Hearing Officer was confused about violation #4 in the condemnation notice -- the lack of proper separation between the second and third floors. Mr. McGrath testified that the property was not a duplex but a single family home, leading the Hearing Of£icer apparently to wonder why the separation issue was an issue at all. (See Transcript pg 9, Tab B) The housing inspector testi£ied that he cited the apartment for improper separation because the door separating the second and third floors of the property is improper and because there is no second access for evacuating the apartment in case of fire. (Transcript pg 8, Tab B) The Hearing Officer was apparently satisfied with Mr. McGrath's testimony that the property was a single family home, and not a rental unit, and did not pursue the matter further. It has been recently brought to our attention that health, safety and fire codes for rental units differ in significant respects from codes for single family homes. We strongly urge the City Council to explore this issue and to satisfy itself that the apartment is in fact in compliance with local and state fire codes applicable to rental property. Vi�ation #s 6 and 8-- Leaking roof and improperly insulated chimne� The final two items we want to call to your attention relate to the leaking roof in the front hallway and kitchen and the improperly sealed chimney in the laundry room. Mr. McGrath testified before the Legislative Hearing Officer that there was a"very minor amount of water damage" in the front hallway and kitchen ceilings. (Transcript pg 5, Tab B) In fact, he stated that the water damage "was so minor that it didn't require anything other than bin to take away the stain." (Transcript pg 5, Tab B) (See Tab G for pictures of the water �i� damage in the front hallway and kitchen ceilings taken on July 23, 1997.) We were very concerned about the water damage, and notified Mr. McGrath about it in 1996, because the water stains were directly around a recessed lighting fixture in the front hallway and near another light over the stove in the kitchen. Mr. McGrath never repaired the damage. On July l, 1997, during one of several storms that hit the Twin Cities, water poured through the recessed light and was so strong that it blew out the light bulb. Water was also dripping through the ceiling near the light over the stove_ The intensity of the water -- in particular the water leaking from the recessed light -- was so strong that we filmed it on video. We have a short segment of the video which we would like to show at the Council meeting on Wednesday. We notified McGrath Properties of the water damage on July 2. The leaking ceiling had not been repaired at the time the apartment was condemned on July 17. Finally, with regard to the last issue, the improperly sealed chimney, Mr. McGrath testified before the Legislative Hearing Officer that the area surrounding the chimney was an area "smaller than [his] £ist." Attached at Tab G is a photo of the chimney area in the laundry room taken on July 23, 1997. The photo speaks £or itself. The past few weeks since our apartment at 772 Lincoln Avenue was condemned have been emotionally, physically, and financially difficult for us. We have had to relocate with less than two weeks notice and put most of our household furnishings in storage. Most of all, we're extremely upset and distraught to know that we signed a lease in good faith to rent an apartment that was in dangerous condition according to the Department of Health and Safety, and never apparently should have been rented in the first place. We urge the City Council to stay the condemnation of the apartment at 772 Lincoln Avenue until the housing, building, fire, and zoning departments have inspected the apartment for compliance with local and state codes and ordinances applicable to rental property. ct�-[��? We will be attending the City Council meeting on Wednesday, August 13 and look forward to answering any questions you may have then. Thank you very much for your time and consideration. � ncere y� � 7 � �� -� ��a David Sigel and Valerie Blatnik-Sigel cc: Steve Schiller, City of St. Paul, Public Health Code Enforcement Programs Wendy Lane, City of St. Paul, Department of Zoning City of St. Paul, Department of Building Inspections, Permit Division � � CTtY OF SAWT PAUL Norm CoJeman, Mayo� SI+INT PAUI PUBUC HEALTH Nsd Xofrmt AiD.. MP.H.. Dinc+o� � y' � l r� 1 � CODE FJJi17RCEMFX! PROGRfMS67Z-291-T/�1 SSS Csdar SMtt Saau Pad AA' SSI01-I260 NOTICE OF CONDEMNATION AS UNFIT FOR HUMAN HABITATION AND ORDER TO VACATE July 16, 1997 Terry & Jane McCrrath 886 Jefferson Avenue St. Paul, MN 55102-28Q2 Deaz Sir or Madam: Terry 8t 7ane McGrath 772 Lincoln Avenue St. Paul, MN 55105 The City of Saint Paul; Public FIeaith, Code Enforcement Secaon has determined that the dwelling and premises at 772 Lincoln Avenue (Unit #2) is "Unfit for FIuman Habitation". In accorrlance with Saint Pau2 Legisladve Code, Chapter 34, Sectioa 23, the premises will be placazded on Ju�q 17, 1997 and ordered vacated no later than August 1, 1997. Your attention is called to the folIowing provisions of Section 34.23, S�bsection 6 entided, "Vacation of Stcucture ot Unit": "Any residential structure or residemiai unit which has been condemned or pIacarded as unfit for hnman habitation shall be vacated within the time set fo� in the glacard andlor order. It shatl be unlawful for any person to 2et to any person for human habitation anY structure or unit so condemned or placarded, and no persoa shall occupy the structure or unit after the date set forth in the piacard andlor notice." TffiS DWELLIl�IG SHAT.L NOT AGAIDI BE USED FOR HUMAN HABITATION LJNTII, WRLTTEN APPROVAI. IS SECURED FROM THE CTTY OF SAINT PAUL; PUBLIC HEALTH, CODE ENFORCEMENT SECTION. �► - ' . . �ln 1 �� 772 L'mcoln Avemie Jnly 16, 199? Page 2 prlmeipal Violat[on�: These deficiencics must be cosected before this condemnation and vacate order will be removed. 1. The sscoad floor unit is an unapproved unit. It does not conform to zoning restcictions. Action to increase from a singie family resident to a duplex mas demed in 1982 and has never been approved since. 2. The electrical system inside of Unit �/2. is in hazardous condition, and is not up w National Flectrical Code svaaadazds. The fiunace in Unit !12 is in hazardous condition and is not up to code. 4. There is no proper sepazation between tlte third floor and the second floor of this house. 5. The outside wood stairs and floor deck axe deteriorated. 6. The roof is leaking into the kitchen and front haliway. There is missing waiis and ceiling plaster in. the furnace room. g, Tb� ceiling around the insu]ated chimaey in the laundry room is not sealed properly. 9. The kitchen floor covezing is not secured. i0. The stove vent fan is not working. il. The bathroom vent fan is not working. OtLer wnlations: These deficiencies must be conected in order to bring this propeity imo compliance with the Saini Paul I.egi�lative Code. NONE LiSTED Authorization to reoccupy this�these dwelling unit(s) will not be given nntil it is dennonstrated r1�at all principal violations have been correcoed and tbat no new conditions exist which could constitute material endangerment or which threaten the peace, health, safety or aelfaze of the occupantc of tLis building. � r � _ �a �� 772 Lincoln Avenue July 16, 1997 Page 3 All repaix� and new instaliations must be znade in accordance with the appropriate codes. Peamit iaformation v�ay be obtained from the Building Inspection and Dtsign Section, 350 St� PeLes SaEet, Lowry Professional Bidg. �300, (612)266-9090. You may fiie aa appeal to tlxis notice by contacting the City Clerk's O�ce at 266-8989. Any appeal must be made within 10 days of the date of this notice. It is the respansibility of the property owner to keep all buildiags secured and w propetly maintain the premises at all rimes. If you have any questions concerning tbis matter, please contact the Inspector, STEVE SCHII.LER, between 8 :00 and 9:30 a.m. at (612)292-7971. incerely, � � Charles A. Votel program Slipervisor Public Health Code Enforcement Programs CAV:msg cc: Ramsey County Assessor's O�ce Public Housing Agency Housing Infoimation Office Community Stabilizatioa Project UHfi2-93 � � �°�� a �� N�ptE^ Cp:+? n Vp �m ��A� r,e+� ?' �o � � p � � 0 1.� � n m � O � n � w � � � N � • � m � H � � a � d � rb � � � � � � � C �U � � � 0 � 0 � � r � � � y � C � � � � � � � � � � h H � � x H O � � d 0 0 b o a � c o�c�� o d � Cz n O �''' � , �y � G �j C r.�.� r' O z C ro � � � � � � v x � � � H � �� ' z n � b � Z � � � � O � c`j c � -� � � � d �� F z�� n o z � � � � � � l'�A � :=� , a � � � Q � O � °� � � � t� ��z� �� ° � S � � � � � � \) l] 0 � a 9 p O O 2 � � � O ,�,� � � � m � 0 � O � O � � a � � � � � � c� d � x � � r � z n � � � � � x � - � � rn g z Q d � �, a�a , �) �+ 0 � � �, � O C � �.: O � � � d � � � x � 0 � � ` 0 � � 2 > � � � r,; c� i � S ►� •� ,� � � �7 � m r �� 3 �� b > 1 � 1 G � � � � � i� � � � � �„yinr' a>o�� i �� {t1AAl1� City of Saint Paul Public HeakL Cade Enforcemcnt Yrogams 292-�7�1 �� Any person affected by this Order to Vacate may file sn appeal at tLe Office of the City Clerk, Room 170 City HaWCourthoase, (612)256-8989. The cost to file an agpeal is S25•00 aad must iaciude a copy ot the letter of condemuation. 1'his letter is available at; Saint Paal Public Health Code Enforcemont Programs Ofiice Number 211 SSS Cedar Street Saint Paal, Minaesota 55101-2260 612) 292-7171 At the time an 9ppesl is filed, a hesring date be£ore the Legisiative Hearing Of�icer and the Saint Paul City Conncil wiU be scheduled. Th� Saint Yaul Legislative Code; Ch�pter 18, requires s11 appeals to be filed within ten(10) days after the date of the original notice. � F � � i �O � \ AUGUST 5, 1997 CONDEMNATION APPEALS HEARING FOR 772 LINCOLN AVENUE Legislative Officer Can we have you sign in please sir so we have your name? Thank you very much and your name sir is? Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative O�cer My name is Terry McGrath And you're the owner of this property? I didn't get your name. Jerry Strathmand. Stratmon? Pm the legislative hearing officer for the City Council. Yes. You filed an appeal to a condemnation order. You want to tell me about this? Terry McGrath The appeal is filed for the purposes of staying the condemnation order for the third floor of 772 Lincoln as being unfit for human habitation. Legislative Officer Terry McGrath Okay. In the principie violations, the -- it states in writing "the second floor unit is an unapproved unit." There is no second floor unit. It is -- it does not conform with zoning resri Action to increase from a single family dwelling -- single family residence to a duplex was denied in 1982. It has never been approved since. There was never an application to have it 1567167 1 � �l � - �° �� Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath 1567167 increased. There was, however, in 1982 a court case where the judge ordered that the stove be disconnected and that the occupancy could remain. As a single occupancy. As a single family home but the tenants that rented the space could stay there. The stove needed to be disconnected. With respect to item no. 2-- no. 2 states the electrical -- or the electrical system inside of unit no. 2 is hazardous condition and is not up to national electric code. I gave you the wrong one. This is plumbing. Yes. That's the heating and plumbing. I'm probably going to need this. Yes. Pll just hang on. There's a inspection report, it speaks for itself. Okay. Let me just be clear about one thing. There's a little confusion here. We're talking about unit no. 2 and we're talking about the third floor. How is this building configured? The first two floors are one unit and the third floor is the second unit? The first two floors aze -- well the house is one dwelling unit. There are occupants who live in the third floor of the space -- 2 V oE� �o�� Legislative Officer Terry McGrath Legislative Officer the third and the fourth floor. Third and the fourth floor. Right. But the entire dwelling is one. Terry McGrath Is a singie family home. Legislative Officer Single family home. Okay. What I'm confused about and perhaps we'll get this straight here in a second. When the inspector's making reference to unit no. 2, do you know what he's talking about? Terry McGrath Well, Pm only assuming Legislative Officer Well, again Terry McGrath he's talking about the third floor. We can ascertain that from Legislative Officer Terry McGrath Legislative Officer Terry McGrath him. Okay. But in your view, this is not two units. This is one unit. Right. Okay. The number 3 item -- the furnace in unit no. 2 is in hazazdous condition and is not up to code. I think the inspection report from the mechanical contractor deals with that. Legislative Officer Again Pm confused and perhaps I'm not asking the right person but there's two fiunaces in this building? Terry McGrath There aze three heating units in this building. 1567167 3 � �1 � - � Legislative Officer Okay. So Terry McGrath Two, two that take caze of the first and second floor. There is one that takes caze of the third and fourth floor and it is on the third floor. Legisiative Officer Terry McGrath Legisiative Officer So there's one probably in the basement that does the first two floors. Two in the basement. And there's one on the third floor that does the third and fourth floor. Terry McGrath Right Legislative Officer Okay. Terry McGrath And the letter from the mechanical contractor deals with no. 3. No. 4-- there's improper separation between the third and second floor of this house. There's never been --I have no idea knowing what they would call proper sepazation. The -- Legislative Officer We'll find out later. Terry McGrath Legislative Officer Yea. The outside wood stairs are in deteriorated condition which is not irue. Okay. Terry McGrath The roof is leaking into the kitchen and front hall way and in the storm on the i st of July, a tree branch came down and ended up landing on the roof, putting a small hole neaz a valley where it 1567367 4 �1 _ ��i� did create -- by the chimney -- it did create some minor amount of water damage. That, of course, has been fixed and the very minor amount of water damage along the chimney and in the valley azea has been painted. It was so minor that it didn't require anything other than bin to take away the stain. Didn't require any re-sheetrocking or even fixing up any sheetrock. There is missing walls and plaster in the furnace room and this does not constitute a health hazard and to accommodate the inspecting body when I talked with him about it, we did have -- in the furnace room -- smaller -- where you stand — the fumace room is smaller than the top of this tabie. We did have that sheetrocked to accommodate him even though it was a no violation of the codes. 7 or 6-- the roof is leaking. That was taken care of. Furnace room 7-- we dealt with that. The ceiling around the insulated chimney in the laundry room is not sealed properly. Again, this is a triple metal bestos ceiling flew liner and it had an area smaller than my fist that was not -- the patching and everything was not sealed up tight and that, of course, was done. That doesn't again constitute any code violations. The kitchen floor covering is not secured. This is relatively new kitchen floor that was put in a couple of yeazs ago. It -- where it abuts a brick chimney, there was no quarter- isenc� 5 ', a�l - �° �� Legislative Officer Terry McCrrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Steve Schiller 1567I67 round or molding and it just very slightly lifting there and so we had three feet of quarter- round molding nailed down. It wasn't The stove vent is not working. That is dealt with the inspection of Mr. Kirkland, master electrician, in the letter. And the no. 11 is the bathroom vent fan is not working. That also is dealt with. Okay. All 11 of these here specific violations -- none of them constitutes health hazard -- There, there are two codes invol� here, sir though, One of them is indeed the health and safety code but also the City of St. Paul has a property maintenance code which does include requirements that are not necessarily health and safety related but The safety -- health and safety gives them condemnation rights - - the other doesn't give them condemnation rights. Let me here a little bit from the inspectors and we'll come back to you. All right. Have you been there recently? I was there yesterday morning to G �f'?- f�� Legislative Officer (?) Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller ThaYs recent to see if the placards were still up and if the tenants had moved. The previous tenants had moved out and the placazds were still up on the property and I inspected the outside deck area and had a look at an outside outlet that now had a plastic cover box on it. Electric outlet. But you didn't do an internal inspection. � The -- A--I'm -- A-- The -- A-- Could you -- I'm a little confused about the order to -- condemnation orders unfit to habitat. None of these violations -- even if they had not been repaired -- normally rise to the level of condemnation. Is it because of the occupancy or what's? Occupancy is listed as no. 1 because iYs an issue, as I understand it, that hasn't been resolved since 1981 or possibly 1982. The electrical system when I was there -- there were quite a few problems with it -- I have no idea what report you have there in front of you or when that report was done. Let's take a moment and read them over. Okay. The only thing I can say far both of these is that there -- leYs see -- the electrical system we have the report dated August 5 and I did the inspection on July 16 for both of these things and tse�te> > 7 a? -(a �� Legislative Officer Terry McGrath Steve Schiller Legislative Officer Steve Schiller the other one was for the plumbing was done on August 4. So there was a nuxnber of days that the owner was awaze that there were problems in the electrical system and in the heating system and repairs might have been made prior to these licensed contractors coming in and there's no way I have of knowing what was done or not done. ThaYs fine. But however iYs repaired. Those wou(d indicate that is no longer a problem. I would only like to indicate for the record that it states the date that the inspections took place aze not August 4 or 5. Those aze the dates the letters were written. The dates of the inspections were the 22nd and the 27th. The 27th and the 22nd are still 10 days and a few more of that from July 16. But it really doesn't matter. The point is -- if we have letter from licensed people saying iYs in compliance then -- whether it was or whether it wasn't doesn't matter -- apparently currently is and that's the issue. What about the other items on here that a -- I'm confused about no. 4. No proper separation. Okay. There is only a curtain between the second floor and the third floor that separates them. There is no door there and there is no fire access second way off the third floor of this unit. 1567167 g '� �1��°�� Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Terry McGrath Legislative Officer What we have here -- trying to get to the core of this issue and iYs not real easy -- is iYs your view that this is a duplex essentially. That's correct. And that half of iYs being rented out and half of it is owner occupied. Is that right. Conect And, sir, iYs your view that it's not a duplex. It's a single family dweiling? It is a single family dwelling. And there is a door separating the third floor. At the top -- at the bottom of the stairs is a door and the top of the stairs because the person who Iives there chose to put up a curtain there is a curtain going across there because he didn't want, guests or anybody who came in to look at some boxes and stuff he had stored on a little shelf he built along the stairway area. Um, well, I'll tell you in I'd like to hear from you any more about this -- but I'm having -- given the information that we know have, here today, whatever the situation might have been on July 16, Pm having a hard time seeing a basis for a condemnation unfit for human habitation. Is there something I'm missing? 1567167 1 9 �7 -�°�� Steve Schiiler Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller Terry '_�IcGrath Steve Schiller Well, first of all, you have a zoning violation. You have missing cover plates inside on your electrical system and outside on your electricai system. You have fans that don't work in the bathroom and on the stove. Don't we have a letter from an electrical contractor saying that those have been repaired? But, I-- he has not sent me these letters. But we have them now. This is the first time that I've seen them. So I can only go by what I saw on the site. Okay. I wasn't notified that another inspector was coming in and so I have no idea what was repaired in the meantime. So there were violations in the electrical system, in the heating system, in the chimneys at that particular unit no. 2. What specifically are these violations? Because we didn't hire anybody to come in to do any correcting of the violations. You can see the inspector -- it was placard on the 18th. Was that correct? And with respect to the plumbing inspector inspected the premises on the 22nd. The decision on when a building is placard is up to my supervisor, Charles Lotell. It's not my decision. ubne� 10 � �r�-(ol� Terry McCrrath Steve Schiller Terry McGrath Legislative Officer I understand but that's -- that was the first time that I knew anything about this when the placard was -- Well I don't know that because I have July 2letter here that was f�ed to me by the previous inspector -- previous tenants that lived in unit 2 dated July 2 listing four items that still hadn't been corrected. Would you read no. 2. Wait -- we need -- just a second -- we're -- this is not getting us where we need to go. I'm very concemed about whether there was or wasn't basis for condemnation. The issue I'm concerned is there now or is there not now basis for condemnation. Based on the appellant's representation, it would seem that there is no longer, if there ever was, a basis for condemnation. What we need and he's provided some evidence that would suggest that if there were problems they've been corrected. It seems to me that whaYs in order here is a second inspection to determine whether there is today a basis for condemnation order and because the appellanPs representing to us that the situation has dramatically changed or whatever. So it seems to me that the way to proceed with this is to have another inspection and if that inspection identifies hazazds that would make it dangerous to occupy then we should deal with that. But I must say that if, -- if what the j IS67167 1 1 �� _ �a t� Steve Schiller Legislative Officer Steve Schilier Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Wendy Lane Legislative Officer appellant is representing is true then it doesn't seem to me that there is a basis for condemnation order. Yes. Well then how do we address the issue of what the zoning is in that particulaz neighborhood? I'm not -- I don't pretend to be an expert on zoning but it doesn't seem to me that condemnation is the normal first course when there's a zoning violation. It wasn't the only tlung that was listed. I know that but if -- But it's an issue that I have to figure out. It's -- I've listed it in my paperwork. My supervisor has okayed it as part of this letter that went out to the owner. I understand. Now how do I address it when every indication is from records from the leap section in St. Paul that the zoning issue has not been dealt with? Well, let me taik to somebody who knows an expert on zoning here but I've heard a fair amount of zoning disputes but I don't remember properties being condemned and people being evicted because something's not zoned properly. If I could address that Please. 156716i I12 �'l'1 La l 7 Wendy Lane Legislative Officer Wendy Lane Legislative Officer Terry McGrath Steve Schiiler Terry McGrath Legislative Officer Legislative Officer I'm Wendy Lane with the -- the zoning manager with the Office of Licensing and Inspections. We don't have any condemnation authority under the zoning ordinance. But on the other hand, I would hate to have one section of the City teil a property owner that it's okay to have a second unit when another section of the City has cleazly made -- has cleazly said that a second unit is not allowed heaz. Yeah. I'm not -- I'm not suggesting that that if this is improperly -- if this is a zoning violation -- either it is or it isn't and there's a form for dealing with that. But it doesn't seem to me that a condemnation order is the normal way that one deals with a zoning problem. Isn't that. ThaYs conect. That's an accurate situation. Well, I am concerned about verification that the changes that you need to be -- have been made -- have in fact been made. This -- Rumor -- Video ofthe issues Well okay but I don't know if it's going to help me. VIEWING VIDEO Is this going to take long? 1i6716'l 13 �•� _ f�f� Terry McGrath Legislative Officer Terry McGrath Legislative Officer Steve Schiller Terry McGrath Steve Schiller Legislative Officer Steve Schiller 1567167 � No. About three minutes. MUMBLING DURING VIDEO Okay. Well that's enough. I'm -- Based upon the information thaYs been provided from the contractors with respect to the mechanical systems, the plumbing systems, and the electrical systems, I can't support the finding that this building is unfit for huxnan habitation and therefore I'm going to recommend to the City Council that the appeal of this order of condemnation be granted. The matter will be before the City Councii for final verification or ratification a week from tomorrow at 4:30 in the afternoon. And I would encourage the interested parties to be there but I'm going to recommend to them that the appeal be granted. Thank you. Yes. Since you know, I have no idea what was on the video or not on the video. You can look at it if you wish. I would like to submit at least copies of the files -- the partial file that is at the leap section in regards to point no. 1. Right. I understand. And to have you review them before you make your final 14 ��- �al� Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller Terry McGrath Legislative Officer decision. Well, I've made my final decision. But I would certainly present it to the City Council next week. Okay. I would stiil like them entered for the record. I can't enter it now. Sure. We'll take it. Okay. IYIl go into the file and it'll go on to the City Counciimembers. Okay. Thank you. You're welcome. 1567167 1 I S Or`�c��'t�q` MCGRATH PROPERTIES 8777EFFERSONAVENUE ST. PAUL, MN 55102 612-22I-0261 X ONE YEAR LEASE AGREEMENT LEASEE: DAVID A. SIGEL AND VALERIE G. BLATNIK RESIDENT (S): ADDITIONAL OCCLIPANT (S): NONE PROPERTY ADDRESS: TI� THIRD FLOOR APART'MENT OP 772 LINCOLN AVENUE, ST. PAUL MN RENTlMONTH $895.00 ('�'� - � SECURITY/DAMAGE/CLEANING DEPOSIT - $895.00 STARTING DATE: 6-I-95 ENDING DATE: 5-31-96 NOTICE FERIOD 60 IIAYS UTILITIES INCLUDED IN RENT: UTILITIES PAID BY RESIDENT X WATER X RUBBISH REMOVAL X ELECTRiCITY X GAS Owner and resident agree to the terms oC this agreement and any attachments that may be made a part of this agreement on this 13TH day of API2II,. 1995 � � 1� i 1 L-` � DATED: 3 TERMS OF THIS AGREEMENT •I 7��IIY 1. PAYMENT: Resident will pay owner the full MONTHLY RENT on or beCore the first day oC each monUt during the term of this lease. Resident wili make his check payable to "McGrath Properties." 2. RENT AFTER EVICTION: [f resident is evicted for violating this agreement, Resident mnst still pay the monthly rent until the earlier of: (I) the date owner re-rents the apartment, (ti) the ending date, or (III) the date the next notice period ends. 3. RENT INCREASES: The monthly rent may be increased as provided in paragraphs li and 16 of this agreement. �,� _ �o �� 4. LATE PAYMENT AND RETURNED CHECK CHARGES: Resident wili pay owner an additional 25.00 if resident has not paid the full monthly rent by the Sth day of [he month. Resident c�ill pay owner a fee of $I5.00 for each of residenPs checks that are remrned to owner unpaid. USE OF Tf� APARTMENT 5. OCCUPANCY AND USE: Only resideni and the addiuonal occupants listed above may live in the aparfinent. No other persons may live in the apartment un[il resident has received ow•ner's written consent. Resident will use the apartment only for residential purposes; Resident will not operate a day care center or engage in other business activity in the apartment. 6. SUBLETTING: Residents may not lease the apartment to other persons (subleq, or assign or sell this agreement, without owner's prior written consent. 7. PETS AND WATERBEDS: Resident will not keep pets or animals of any kind or waterbeds or any othe� waterfilled fumiture, in the apartment without owner's written consenL Resident will comply wit� any size, quantity, ins�'uance or other requirement owner may impose as a condition of giving owner's consent. *SEE PARAGRAPH 27. 8. RESIDENT, OCCUPANCY AND GLIEST CONDUCT: Resident, the additiona( occupants and residenYs guests: (I) will not act in a loud, boisterous, ucuuly or other manner which dis[urbs the rights of other resident, cecupants and their guests to peace and quiet: (II) will not use the apartinent in any illegal or dangerous activity, (III) will not interfere in owner's management and operation of the properry; and (I� will comply with ali policies and procedures owner estabtishes from lime to time. CONDITION OF APARTMENT 9. OWNER'S RESPONSIBILITY: Owner will (I) keep the apartment and all common areas of the PROPERTY fit for residential use: {II) make all necessary repairs to the apartment �vithin a reasonable time after resident's written request unless the damage was caused by intentional or negligent conduct by resident, the additional occupants or residenPs guest: and (III) keep the common areas clean and in good condition. 10. RESIDENT'S RESPONSIBILITY: Resident, the additional occupants, and resident's guests: (I) will not damage or misuse the apartment or waste any utiliry ownar provides: (II) will not pain[, wall paper, decorate or structurally alter the apartment without owner's prior written consent: (III) will keep the apartment clean: (I� will give owner wri[ten notice of all necessary repairs; (V) will inform owner when resident leams of any condition which is dangerous, unsafe or which may damage the apartment or waste utilifles owner provides; (VI) will leave the apartment in good condition, other than ordinary wear and tear, when resident move from the apartme�t: and (VII) will not remove any furnishings or 6x[ures owner supplied without owner's prior written consent. 11. SUBSTANTIAL DAMAGE OR DESTRUCTION OF APARTIvfENT: IP the apartment or property is destroyed or damaged such that the apartment is unfit to live in, owner may cancel this agreement and is not required to rebuild or restore the apartment [f resident, the additional occupants and residenPs guests did not cause the desiruction or damage and owner chooses !o cancel this agreement, any rent resident has paid in ach�ance will be prorated, and the part for the canceled period will be refunded to resident. SECURITY/DAMAGE/CLEANRQG DEPOSIT 12. RESIDENT'S RESPONSIBILITY: Residen[ wilL' (I) deposit with owner the amount of the SECURIT'Y(DA1�IAGE/CLEANING DEPOSIT; (tI)give owner proper notice of residenPs moving from the apartment at least SIXTY (60) DAYS in advance of the date that the resident moves: (Ill) give owner residenYs new mailing address or other instructions for retum of the SECLJRITY/DAMAGE/CLEANING DEPOSIT before residen[ moves: (I� follow owner's written cleaning instructions (Exhibit A attached). remove and dispose of ail rpbbish and debris. and retum to owner all apartment, security door, garage and mailbox keys before resident moves: (� pay o�vner s cost in repairing or cleaning any damage or conditions beyond ordinary wear and tear, o�vner s costs in rekeying locks for keys resideni has not retumed, and for any unpaid renL Resident tmderstands that the SECURITY/DAMAGE/CLEANING DEPOSIT is not in lieu of the last payment oC residents MONTHLY RENT, and that owner's damages may be greater than the amount of the SECURITY/DAMAGE/CLEANING DEPOSIT. IF FOR ANY REASON THE TERMS OF THIS LEASE ARE NOT FULFILLED THROUGH IT'S TERM, YOUR DEPOSIT SEIALL NOT BE REFUNDABLE. 13. OWNER'S RESPONSIBILITY: Owner will (I) receive the SECURITY/DAMAGE/CLEADIING DEPOSIT and Lold it to secure resident's performance of this agreement; (II) caiculate interest at the rate and in mannez required by Minnesota law: (III) give resident written cleaning instrucuons after resident has given owner notice that resident will be moving from the apartmenY. (Exhibit A attached) (I� deduct from [he SECURITY/DAMAGElCLEANING DEPOSIT and any interest eamed, owner's costs as described in paragraph 12, section (�; and mail to residen[ [he balance of the SECURITY/DAMAGE/CLEANING DEPOSIT and interest, if applicable, with a written slatement oF the amounts and reasons for any deductions, within tluee weeks aRer ihe later oC the time resident moves from the apartment or gives owner resident's new mailing address and instructions for ce[urn of the SECIJRITY/DAMAGE/CLEANING DEPOSIT_ Refunds may not be picked up at the management office. D[JRATION OF AGREEMENT 14. FAII,URE TO GIVE POSSESSION: If owner cannot make the apartment available to resident on the STARTING DATE, Resident cannot sue owner for any resulting expense. Resident will not have to pay rent for the days the apartment is not available to resident. Lack of repainting or shampooing of cacpets dces not make the apartment unavailable. I5. T'ERMINATION OF TF� LEASE WITH AN ENDING DATE: If this agreement is a lease with an ending date and the resident wishes to move out of the apartment on the ending date, resident must give ownec written notice AT LEAST S1XTY (60) DAYS BEFORE JUNE 1, 1996. If resident daes not give owner the notice, or if resident stays in the apartmen[ after the ending date and the owner and residen[ have not renewed this agreement or entered into a new agreement, this agreement is estended under its original terms except: (I) the durafion shall be changed to month to month (60) da}� agreement ; and (II) owner may raise the rent. 16. LEASE HOLDOVER TO MONTH TO MONTEI TENANCE: If for any reason this [enant afler the expiration of this lease holds over and has not moved, this tenancy becomes month to month and the monthly rent, LJNLESS OTf�RWISE AGREED TO IN WRITING, becomes twice the monthly payment under this erisYing year lease. 17. MOVING OUT ON TERMINATION: Resident will move out of [he apartment not Iater [han 12:00 noon on [he date this agreement ends. Resident will be liable to owner (or ren[, wurt costs, owner's attorney's fees and other costs, if resident moves out a(ier 12:00 noon the date this agreement ends. Resident agrees to leave entire apartment clean upon termination of the lease. A$SOAO cleaning Pee will be assessed for each uncleaned appliance. OWNER'S AND RESIDENT'S RIGHTS AND LIABILITIES 18. EVICTION: Resident may be evicted immediately and without prior notice if resident viotates any terms of this agreement. Owner may bring an eviction action if resident does not move out ��-�°�� voluntarily. If owner dces no[ immediately sue or evict resident after resident riolates a term oC this agreement, owner still may sue or ecict resident for that or any other viola[ion at a later time. 19. OWNER'S LEGAL RIGHTS AND REMEDIES: If owner brings any legal action against resident, resident must pay ownei s ac[ual attomey's fees and court costs ecen if resident corrects the reason which caused the owner to bring the legal action. Owner may use owner's legal rights and remedies in any combination without giving up any legal rights or remedies owner does not use. Z0. OWNER'S RIGFTT TO ENTER Tf� APART[vfENT: Owner and owner's authorized agents may enter ihe apazunent at any reasonabie time to inspect, improve, maintain or repair tlie apartment, or show the apartment to potential new residents or buyers of the property. 21. AGREEMENT IS SUBJECT TO MORTGAGE: Owner may subjec[ to the property to a mortgage or contract for deed. resident agrees that the rights of holders of any present or future mortgage or contract for deed will be superior to resident's rigMs under this agreement and resident agrees to sign a statement to that e$'ect upon request This may permit the holder to forectose the mortgage or cancel the contract for deed and terminate resident's lease. 22. INJtJItY OR DAMAGE TO RESIDENT OR RESIDENT'S PROPERTY: Owner is not responsible fo� any injury or damage to resident, the additional occupants, resident's guests or their properry unless willfully caused by owner. Owner has advised resident to obtain renter's insurance to pro[ect against such losses. Owner is not responsible for the acts of or for any damage, injury or haan caused by residents, ffieir guests. inwders, trespassers or other persons or causes not under owner's con[rol. 23. MISLEADING REN'I'AL APPLICATION: Resident has been required to submi[ a written renYal application to owner. Owner has relied on [hat application and resident's oral statement in deciding to sign tfus agreement. Any oral or written statement which is not true or complete is a violation of this agreement which permits owner to evict resident. 24. NOTICES: Resident agrees that any single notice or demand delivered to the apartment is proper notice to all residents. Residents may deliver all notices or demands to and serve any process on owner by delivering it to or serving it on McGrath Properties at its address on Page l. of this agreement. 25. THIS LEASE IS SUBJECT TO APPROVAL BY MCGRATH PROPERTIES. 26. EXHIBIT A—CLEANING INSIRUCTIONS--IS A PART OF THIS LEASE. 27. David Sigel and Valerie Blatnik may keep their dog and cat in the unit provided the animal is quiet and dces not dislurb the other residents of the buiiding. The animals may not be in the common areas of the building or grounds without being leased. My messes left by the animals on the grounds must be cleaned up immediately. Under these condifions, David Sigel and Valerie Blatnik may keep their dog and catin the uni[. If the above criteria is not met, the dog or cat must be removed from [he premises immediately. Agreed ro this 13th April, 1995. p�eg�� Resident /W ( ��_ (013 . ,�: . CLEANING INSTRUCTIONS FOR VACATING PROPERTY Tenant will vacuum and shampoo all carpe[ing if unit is cazpeted. Tenant will vacuum and damp w�pe out all shelves, cupboards, drawers and chests Tenant will wash all floors, insides of windows, window silis, counter surfaces, and sinks. Tenant will wash and scrub lavatory, sink, and shower. Ali appliances must be scrubbed and washed. Be sure to clean oven, oven racks, broiler pan, oven drawer, drip pans, bumer rings, range hood, filter, and outside of stove. Refrigerator shelves, crisper, tra�s and outside of refrigerator mus[ be cleaned. Freezer compartment must be defrosted and cleaned, ice trays intact. The stove and refrigerator must be pulled out and cleaned underneaih. (Be careful of the vinyl floor coverings; if not done proper[y. you could gouge the flooringJ Tenant will clean all other appliances in the unit; inside and out, including dishwasher, washer and dryer. Any cleaning charges are fignred at a 515.00 an hour rate, and any damages are charged at a repair/replacement cost. A$50.00 charge wiil be assessed for each uncleaned appliance. Tenant will haul away all unwanted furnishings. Discarded furnishings will not be left at the dumpster. Tenan[ will replace all missing and burned out lamps. t � C12,q�vu�� lf Z ► MCGRATH PROPERTIES 877JEFFERSON AVENUE ST. PAUL, MN 55102 612-221-0261 X ELEVEN MONTH LEASE AGREEMENT LEASEE: DAVID A. SIGEL AND VALERIE G. BLATNLK SIGEL ADDITIONAL OCCUPANT (S) NONE • PROPERTY ADDRESS THE THIRD FLOOR APARTMENT OF 772 LINCOLN AVE.. ST. PAUL. MN 55105 RENT/MONTH 925.00 SECURI'I'P/DAMAGE/CLEANING DEPOSIT $895.00 STARTING DATE 6-I-96 ENDING DATE 4-3I-97 UTILITIES INCLUDED IN RENT UTILIT[ES PA[D BY RESIDENT WATER X ELECTRIC[TY X NOTICE PERIOD 60 DAYS RUBBISFI REMOVAL X TELEPHONE X GAS X �(� „ �O �� Owner and resident agree to the terms of this agreement and any attachments that may be made a part of this agreement on the � day of M 1996. �s'� q �rN�.• � 9 1 �I � OWI�R RESIDEN� /] 1' BY: �(, ` BY: �. �J BY: _ga1� DATED; A�,c� L �. / �Y �ll RENT DATED: �C�]:iu�ZiT�I_[eT3xxul�l.YY � a l '� �i 1. PAYMENT: Resident witl pay owner the fult MONTHLY RENT on or before the first day of each month during the term of this lease. Resident will make hislher check payable to "McGrath Properties." 2. RENT AFTER EV[CTION: If resident is evicted for violating this agreement, Resident must still pay the monthly rent until the eazlier of: (I) the date owner re-rents the apartment, (II) the ending date, or (tll) the date the next notice period ends. 3. RENT INCREASES: The monthly rent may be increased as provided in paragraphs 16. and 17. of this agreement. 4. I,ATE PAYMENT AND RETt1RNED CHECK CHARGES: Resident wil( pay owner an additional 535.00 if resident haz not paid the fu(1 monthty rent by the Sth of the month. Resident will pay owner a fee of $25.00 for each of residenPs check that are remmed to owner unpaid. If any unpaid check is retumed to the owner after the Sth day of the month, both the Iate fee and unpaid check fee will apply. PAGE 1. LEASE DATED MARCH 22, 1996 USE OF APARTMENT 5. OCCUPANCY AND USE: Only resident and [he additional occupants listed above may live in [he apattmeni. No other pe�sons may live in [he apartment until resident has received owners written consent. Resident will use the apartment only for residen[ial purposes. Resident wi(I not operate a day care center in the apartment. 6. SUBLETTING: Residents may sub lease the apartment to other persons (sublet, with owner s prior written consent.) SEE PARAGRAPH l3, SUB SECTIONS A AND B FOR TERDIS AND REQUIREMENTS. 7. PETS AND WATERBEDS: Resident will not keep pets or animals of any kind or waterbeds or any other water-filled furniture in the apartment without owner's written consent. SEE PARAGRAPH 29. 8. RESIDENT, OCCUPANCY AND GUEST CONDUCT: Resident, the additional occupants and residen['s guesis: (1) will not ac[ in a Ioud, bois[erous, unruly or o[her manner which disturbs [he rights of other residencs, occupants and their guests to peace and quiet: (I I) will not use the apartment in any illegal or ciangerous ac(ivity, ([li) will not in[erfere in owner's management and operation of the property; and (IV) will comply with ali polic�es and procedures owner establishes from time to time. CONDITION OF APARTMENT 9. OWNER'S RESPONSIBILITY: Owner wilL (i) keep [he apartment and all common areas of the property fit for residential use: QI) make all necessary repairs to the apartment within a reasonable time after residenYs written request unless the damage was caused by intentional or negligent conduct by resident, the additonal occupants or residenYs guests: and QII) keep the common areas cleaned and in good condition, and keep sidewalks ciear of ice and snow. 10. RESIDENTS RESPONSBILII'Y: Resident, the additional occupants, and residenPs guests: (I) will not damage or misuse the apartment or waste any utility owner provides: (II) will not paint, waii paper, or s[ructuraliy alter the apartment without owner's prior written consent (!11) will keep the apartment clean: (IV) will give owner written notice of all necessary repairs (V) will inform owner when resident leams of any condition which is dangerous, unsafe or which may damage the apartment or waste utilities owner provides: (VI) will (eave the apartment in good condition, other than ordinary wear and tear, when resident moves from the apartment: and (VII) will not remove any fumishings or fixmres owner supplied without owner's prior written consent. 1 t. SUBSTANTLAL DAMAGE OR DESTRUCTION OF APARTMEN"I': If the apartment or property is destroyed or damaged such that the apartment is unfit to tive in, owner may cancel this agreement and is not required to rebuild or restore the apartment. If resident, the additional occupants and residenPs guests did not cause the destruction or damage and owner chooses to cancet this agreement, any rent resident has paid in advance will be prorated, and the part for die canceted period will be refunded to resident. SECURITY/DAMAGE%CLEANING DEPOSIT 12. RESIDENTS RESPONSBILITY: Resident wilL p) deposit with owner the amount of the DEPOSIT; (II) give owner proper notice of residenCs moving from the apartment at least SIXTY (60) DAYS in advance of the date that the resident moves: (llI) give owner residenPs new mailing address or other instructions for retum of the DEPOSIT before resident moves: (IV) follow owner s written cleaning instructions (Eshibit A attached) remove and dispose of all rubbish and debris, and retum to owner alI PAGE 2. LEASE DATED MARCH 22, 1996 ��o« aparhnent, security door. garage and maiibox keys before resident mo��es: (V) pay owner's cost in repairing or cleaning any damage or conditions beyond ordinary wear and tear, owner s costs in rekeying locks for keys resident has not returned, and for any mipaid rent. Resident understands tha[ the DEPOSIT is not in lieu of the last payment of residen[s MONTHLY RENT, and that owners damages may be greater that (he amount of the DEPQSIT. IT IS HEREIN AGREED TO THAT [F FOR AIVY REASON ALL THE TERMS OF THIS LEASE ARE NOT FULFILLED THROUGH IT'S TERM, IF BROKEN FOR CAUSE, CANCELED OR DEFAULTED ON, L[QUIDATED DAMAGF,S PARAGRAPH 27. APPLY. 13. Terms of Lease—If Lessee for any reason wishes to move before the term of their lease and be released from any additional obligations, the following options are available. a. I.essee may be allowed to sub let with written approval of McGrath Properties. Lessee will be required to double their deposit with McGrath Properties for this sub lease and the new sub leasee shali also be required to place a deposit with McGrath Properties equal to one months rent Sub lease document will be provided by McCrath Properties. Lessee will be completely responsible for any and all damage caused by sub leasee, and continue to pay rent on time H•hether sub leasee pays lessee on time or not. At the completion of this term of this lease, lessee will be refunded the deposit less any damages. OR b. Lessee may be allowed to secure an equivalent and acceptabie replacement tenant at their own expense to fulfill the terms of their lease thereby eliminating risk of loss of re�t by lessor. The approval of replacemen[ lessee by McGrath Properties is required before current lease is deemed null and void. McGrath Properties will dutifully attempt to mitigate any damages with regard to this lease. The lessees deposit will by kept as liquidated damages. (See Paragraph 27.) l4. OWNER'S RESPONSIBIL[TY: Owner will: (I) receive the UEPOS[T and hold it to secure residenPs performaace of this agreement; (II) calculate interest at the rate and in manner required by Minnesota law; (1[[) give resident written cleaning instructions after resident has given owner notice that resident will be moving from the apartment: (Exhibit A attached); (IV) deduct from the DEPOS[T and any interest earned, owners costs as described in paragraph 12, section (V); and maii to resident the balance of the DEPOSIT and interest, if applicable, with a written statement of the amounts and reasons for any deductions, within three weeks after the later of the time resident moves from the apartment or gives owner residenYs new mailing address and instructions for retum of the DEPOSIT. Refimds may not be picked up at the management office. DURATION OF AGREEMENT 15. FAILURE TO GIVE POSSESSION: If owner cannot make the apartment available to residen[ on the STARTING DATE, Residen[ cannot sue owner for any resulting expense. Resident wili not have to pay rent for the days the apartment is not available to resident. Lack of repainting or shampooing of' carpets does not make the apartment unavailable. ib. TERMINATfON OF THE LEASE WITH AN END[NG DATE: if this agreement is a Iease with an ending date and the resident wishes to move out of the apartment on the ending date, resident must give owner at least Sixtv (60) davs written notice, (on or before APRIL 1, 1497). [f resident does not give owner the notice, or if resident stays in the apartment after the ending date and Hie owner and resident have not renewed this agreement or entered into a new agreement, this agreement is extended under its original terms except: (I) the duration shall be changed to month to month (60) dav agreement; and (11) owner may raise the rent (SEE PARAGRAPH 17). PAGE 3. LEASE DATED MARCH 22, 1996 c�� - (o l� 17. LEASE HOLDOVER TO MONTH TO MONTN TENANCY: fE for any reasou this renant aRer the expira[ion of this lease holds over and haz not moved, [his tenancy becomes month to month and the monthly rent becomes twice the monthly payment under this existing yearly lease. 18. MOVING OUT ON TERMINATION: Resident will move out of the apartment no later than 12:00 noon on the date this agreement ends. Resident will be liabie to owner for rent, court costs, owner s attomey's fees and other costs, if residen[ moves out after I2:00 noon the da[e this agreement ends. Residen[ agrees [o leave entire aparUnent clean upon termination of the lease. a$75.00 cleaning fee witl be assessed for each uncleaned appliance. OWNER'S AND RESIDENTS RIGHTS AND LIABILITIES 19. EVICTION: Resident may be evicted immediately and wiThout prior notice if resident violates any terms of this agreement. Owner may bring an eviction action if resident does not move out voluntarily. [f owner does not immedia[ely sue or evict resident after resident violates a term of this agreement, owner still may sue or evict resident for that or any other violation at a later time. 20. OWNER'S LEGAL RIGNTS AND REMEDIES: If owner brings any legal action against resident, resident must pay owner s actuai attorney's fees and court cos[s even if residen[ correcis the reason which caused the owner to bring legal action. Owner may use owners legal rights anA remedies in any combination without giving up any legal rights or remedies owner does not use. 21. OWNER'S RIGHT TO ENTER THE APARTMENT: Owner and owners authorized agents may enter the apartment at any reasonable time to inspect, improve, maintain or repair the apartment, or show the apartment to potential new residents or buyers of tlie property. 22. AGREEMEN7' IS SUBIECT TO MOR7GAGE: Owner may subject the property to a mortgage or contract for deed. Resident agrees that the rights of holders of any present or future mortgage or contract for deed will be superior to residenYs rights under this agreement, and resident agrees to sign a statement to that effect upon request. This may pertnit the hulder to foreclose the mortgage or cancel the contract for deed and terminate residenPs lease. 23. INJURY OR DAMAGE TO RESIDENT OR RESIDENTS PROPERTY: Owner is not responsible for any injury or dama�e to resident, the additional occupants, resident's guests or their property unless willfu(ly caused by owner. Owner has advised resident to obtain renter's insurance to protect against such losses. Owner is not responsible for the acts of or for any damase, injury or hann caused by residents, their guests, intruders, trespassers or other persons or causes not under owner s controi. 24. MISLEADING RENTAL APPC,ICATION: Resident has been required to ;ubmit a�vritten rental application to owner. Owner has relied on that application and resident's oral statement in deciding to sign this agreement. Any oral or written statement which is not true or complete is a violation of this agreement which permits owner to evict resident. 25. NOTICES: Resident agrees that any single notice or demand delivered to the apartment is proper notice to all residents. Residents may deliver ali notices or demands to and serve any process on owner by delivering it to or serving it ort McGraih Properties at iPs address on Page I. of this agreement. 26. TH(S LEASE IS OFFERED IN'I'HIS FORM AND IS NOT AN AGREEMENT UNTIL SIGNED BY MCGRATH PROPERTIES. 27. 1. LIQUIDATED DAMAGES: At the time of entering into this lease, it is agreed by and behveen [he parties that there will be damages to the lessor for advertising, showing and preparing the property for release. Since these exact damages are unknown at the time of entering into this lease, it is hereb} agreed by and between the parties that as and for these damages, the lessee shall pay in tiquidated damages the sum cif $925.00 Dollars. ' PAGE 4. LEASE llATED MARCH 22, 1996 °(�-L�l� 11. TRANSFER EXCEPTION: If the tenants or one of them were to receive a written job transfer notice from his/her employer requiring relocation in a city or siate other than St. Paul, MN, and said relocation is accepted by the tenan[s, then the written notice of in[ent to vacate together with a copy of the relocation notice delivered [o [he owner before the time of the next rent due da[e shall be effective 60 days after that rent due date and shall end the obligation to pay rent after the effective date under this lease. Upon the proper notice he�ein specified and assuming the unit is properly cleaned and free from damages and ail other covenants contained in Paragraph 12. Sections I II, I V and V are preformed, then security deposit money less reasonable costs not to exceed $100.00 for advertising and showing the property will be retumed to [he tenants according to law. 28. 29. SEE EXHIBIT A--CLEANING INSTRUCTIONS ARE HERLBY A PART OF THIS LL•ASE. SEE EXHIBIT B--OPTION TO'I'ERMINATE BY NNE 30, 1996. 30. PETS: David Sigel and Valerie Blatnik may keep their dog and cat in the unit provided the animals are quiet and do not disturb the other residents. of the building. The animals may no[ be in the common areas of the bui(ding or grounds without being leashed. Any mess left by the animals on the grounds must be cleaned up immediately. Under these conditions, David Sigel and Valerie Blatnik may keep their dog and cat in the unit. If the above criteria is not met, the animals must be �emoved form the premises immediatety. Agreed to on this nd day of March 1996 Owner R Rp �� ' �� .( qi 14 4C PAGE 5. LEASE DATED MARCH 22, 1996 �� EXHIBIT A CLEANING INSTRUCTIONS FOR VACATING PROPERTY Tenant will vacuum and shampoo all carpeting if unit is carpeted and wash all floors. Tenant will vacuum and damp wipe out all shelves, cupboards, diawers and chests. Tenant will wash and scrub lavatory, sink, and shower. All appliances must be scrubbed and washed. �e sure to clean oven, oven racks, broiler pan, oven drawer, drip pans, bumer rings, range hood, fiter and outside of stove. Refrigerator shelves, crisper, trays and outside of refrigerator must be cleaned. Freezer compartment must be defrosted and cleaned, ice trays intact. The stove and refrigerator must be pulled out and cfeaned undemeath. (Be careful of the vinyl floor coverings; if not done properly, you could gouge the flooringJ Tenant will clean all other appliances in the unit inside and out, including dishwasher, washer and dryer. Any cleaning charges are figured at a$18.00 an hour ra[e, and any damages are charged at a repair/replacement cost. A$75.00 charge will be assessed for each uncteaned appliance. Tenant wiil haul away all unwanted furnishings. Discarded fumishings wilt not be left at the dumpster. i � � Tenant will replace all missing and burned out lamps. PAGE 6. LEASE DATED MARCH 22, I996 �� - �� MCGRATH PROPERTIES 886 JEFFERSON AVENUE ST. PAUL, MN 55102 221-0261 May 22, 1997 David and Valerie Sigel 772 Lincoln Avenue — 3` Floor St. Paul, MN 55102 Dear David and Valerie: Per our verbal agreement, this letter is to confirm the arrangemenis we have made to eYtend your lease. We extended your lease on a sixty-day notice. Per our agreement, the only change will be the amount of rent. As of May I, i497, the monthty rent witI increase 4% to $962.00. I want to remind you that this e�ctension does not extend beyond the 31s` of August 1997 as per our agreement because of the reduced ability of &nding good tenants after that date. If you have any questions regazding this lease extension, please give me a call. Yours Wly, Terry P. McGrath TPM/ka EXHIBIT B OPTION TO TERMINATE LEASE AGREEMENT BETWEEN MCGRATH PROPER7'IES AND DAVID SIGEL AND VALERIE BLATNIK S(GEL ��- (oc� WHEREAS McGrath Properties, lessor and David Sigel and Valerie Blamik Sigel, leasees, have entered in to a Eease on the Ihird floor aQartment at 772 [,incoln Avenue, St. Paui, MN 55105. The starting date of said lease is June I, 1996 and ending on Apri130, 1997, and WHER&AS the leasees wish Yo obtaio an option for cancallaYion of said lease and McGrath Properties wishes to grant such an option and hereby acknowledges payment of good and valuable consideration for it . NOW THEREFORE it is hereby covenanted and agreed by and be[ween the parties that the leasees at their option may give written notice [o cancel on or before the 30th day of June, 1996. In [hat event, if the leasees vacate the property on or before I2:00 noon August 31, 1996, then teasees shall be under no further obligation of paying the rent due on September 1, 1996 and subsequently. The leasees shall receive their security deposit back less any charges due a�d owing under the agreement according to law. Less� G c McGrath roperties a,�,t g. �� C Date � ,.. e r' a N F' t A, ._ , ��ta�3 �{ 2'bZ iN� 6F f9/LtS btltIDIMOS � i9 410 PI!'$2 � Z 8'PATS OF llS�FS50TA MLIDTICIPAL COif�'p 3 COJZtTiC OF R1UdSEY � CITY QF ST. PAI3Z. 4 - S � GITY OF ST. PA[A., . � Piaintiff,. $ va. ' Z'RANSCRIPT OF PROC88DSNC,S 9 TBRRY �7CGRAF, 10 Defendant. ]1 ].2 13 Tranaoript o£ J�rncee3ings hald be£ore tha Y�onaaa��,� 14 �oha J. Kirby, Rawsay Cossaty Judge, on Apzil 28, 19�1, �� '15 St. Paul, Mfnnesota. 36 17 APPEARA*.�GES: 18 John 2lcCoimick, A&sistant City Attorney, appeare8 �� 19 behalf of �r Plaiatiff. 20 �ohn Saaaiaa, Attorney at Law, aBFeared an �etsalt 21 of the Defendant.. 22 ' . � . , 2d � 2'S . � �qAMSEY CCUKiY MUNICiPAL COUHT . � }Zµ(�lpyrt Hm�za .. St. PauS.IAM�ewta 66362 1 A, (;:�: 0 : :: . �`?.. 5 fi 7 8 9 SO ].1 I2 7.3 14 15 I6 17 18 19 2a 27. 22 23 24 Z5 �� _ �D 1� -2- ldR. MCCaRMiCK: This is in the mAtter of the City of St. Paul, versua Terry McC3raf. Ldr. McGraf is cha'rged with aa ordiaance v3olation cf remodeling a tbirQ floor wit.hout a permit. The building is lpcatad at 772 Liaeoin gvanue ia the City of St. Paul. . i Yocu� Honor, there has beea numeroua ciseusaions bet`+eea respeetiw couaaal aad myself and With the Buildinq Departeeat Basicaliy, the proce6vral hietory has beea Iaid out te this Couzt as to the faet that it is allagec 3�y tl'se City that tha L�Pandant i3id not -- he cotapl�ted a reCOnetruCtion o£ a third floar area .withaut having t2=e graper permit. Fia ciid apply for permits Erom the.City of St. Paul, his Qlane were: not app�toved as a.result of the totality of the reconstx'uctiox involved. It was th� opinion at that bime of the Suil6i.ng ' DepE�rtment that the Way t�e plan laid it out; is that ti'se ;� �.' DefeaBant was. in fact,. noastructing a completely acgarate unit up in his.third �loor attic area. Tliere 3a aa exte.ttior stairway, a bedxaota, a bathroom; a washar aar3 dryer �or .: cloth�s, firepLace�'liviaq room, library, an6 a kitehea '; . aoarplete with cooking faailities and refridqeration. - As a result, th8 plans were uot ap�rovea. Thexe have.� bee� aumatrous in&pections sinc� that &nte ano complainta te_.. the City from.aeiqhbora in the area as to the conatructias .". aad aa ta the praposed use of this attie. � V;timate;y,'a tag was,issuec3 in l.atn December of 1979,�_; � � RAl75EY COUNTY MUNICIPAL COV�T . ' - i246 Caxi Haus� . St. P�ut, Minneaoq 55102 e 1 ,. :: �''." ��_ (o►� -3- 1 I beliava beCause oP subsequent inspeCtipns indicating tkat 2 although ➢[r• MeGraf dtd not have the pertnits, the attiC ar 3 thizd floar area was eompi.eted. That is t�►e eharge whiclY ba 4 �� is riero today on_ 5 A£Ler our dimcusaions, it haa beea brought to my 6 attention that the City `tauld, 1a fact, iasue a permit to' 7 MT. Terly l�taCiraf tor tho reconstruction of the tYsird £loor attic area at this ad8ress, but this p�rmit is �asued -- ia limited as far aa 3ts iasaance. =t is iasu�d on Lhe basis that this third floor �ttic area wili not be used fos *enta7. property or for any unaccegtable uee ua3or tlie present zoning classif3aatioa for that neighborhoo8. also, it is my underatanding tha� the permits would � qratnted on coa8ition that Che cooking facility that is preseatly in this thirc� £loor attic area be 6isconnected because at 'tliis time w�at Anakes this un.it in violatiaa of the preseat ioninq brdinaace is that it is zoned fos ainql.e £amily aad by the faet that this ursit or is elassit'ied as a u.nit because it Yias tt'le separats,kitcrien, separate bath- xoom, sepas'ate.wa�her and dryex' and living room and bedroom, that it composes a unit aad makes_:it a duplex os soseething other thaa a sinqla fam3.3-Y dwelling. yf the:De£endaat discoanects the presen� eookiaq £acilities, which S understand are eleetxic stove and ove�, . and puta a metai glate over trie plug in receptacle, that 8 9 10 u 3.2 23 14 15 16 17 18 i9 20 21 22 � 24 25 pAMSEY COUHTY MLJNICtPAL COUR7 . 1244 CVUR HOUm � St. Pa�l. MinnaaMa 45102 1 �::�. , •.-.: 0 (•' � .. 1 2 3 d 5 6 7 8 9 1� ].1 32 � 14 15 I6 17 28 39 28 21 2Z 23 2+! 25 =�- �� o�� iPOUld keep this reconatruction gtoject Sram theiz ClasaigtCa- tion as a unit; anG, tharofore, it �vouidn't be ia via}.ation o£ the ordinanG�.� � � Sowever, iP at a�+ time Mr. Terry MC4raf either reats titis gz��y ds reCOnnects the stove aad has samsoaa liv3ag up Lhere aad aookiag, he otould be ia qio].ation of the present ordiadnce aad zoniaq osdi.nance unless he ha�s reached aome type of variance with the zanl.tzg Co�i.ttes. 9 Thab ia tqy summary a£ what . our agreeaieat is. Eie xil2 be enteriaQ a pla�a and he will discoaaeet the atove and appllr for a permi.t, and thia would iavolve a certaln anount of lnspactions ott Ehe job si�e. 73e will a�ply.for the Droper pertpit�,and the parmits woula be isaued by the City'bn aondition that the groperty 1s not used far aay other purpose.! . 3�HB CDURT: Ia that yous uaderat�nding, Mx..Soaalan3 MR. SC,ADi7,AN: ' Yes. THE C4URT: Is ttiat the aqreement �ahieh .ydu - have aegotiataa' the plea7 MR, sC1�NLP+N: Yes. THE COURT: The Deferidaat ie:.�.. pleading s�ui2ty base�d. an tliose riegotiations? MR. 3CF!ffiLAA: - Xes. " THFi CoORT: A2so negotiated ��.. Chat thia vrould be put on the defarred oalrndar for a perio6�. � ,' �RAMSEY COUNTY MUNIC1�Ai COURT � . 1245 CouR Hou.re - � � � � St.Pw1,MlnnesOtrS57C2 � � � (1 -s-- � �'1. fa �� F:�:: . , i � 2 3 41 S 6 7 8 9 lp 11 � 33 14 ]S 16 17 1S 19 20 27. 22 Z3 24 25 of six moatha? a MR. SCAHI.AN: Yas. M8. MCCARMZCK: E reqnested originaliy for a oae year period. MR. SCANLA87: _ Z hroul8 requeat afx mont.hs. stiyulate to? at�pulate to limit of tima. ppsi.od. THS Co[�Ts Aihat .diQ you MR. SGANLIIN s Sie oicitt � C MR. MCCflRMICR: A reasonahle TE�3 COIIR�: " I vtill decida. ft will ba nine months. I qet to decide scmethinq. Zt will be aiae moAth� Eor these particulaz requirements a�cd obiigation� te be fultilled. At the sad o� the aine monLh� period, tlse Yruilding inapector will nofi�ify the pro�ecutor as ta whether;these bave beari tulPilled ar not.. I£ they have been Pu1PiI2ed, Lhexi the matter will be dismiasad ss presoribed by'Ststute, apd there wil7. be no futther appearal2ce ia Court ueeded. Zf they are not �u2filled, �hext the pefendasit wili have to come back and show cause why he should not be sa'n,taacad. tHeariag cona3.uaeci: ) pqMSEY COUNTY MUNICtPAL COUR? . i24b Court Hou� St. PsYi, M1�i+M�flts 55}a2 � � 0 r � -.. ii s! s' 4 5 6 7 8 9 IO 3]. 7.Z 13 Id 15 16 17 19 19 20 21. a7 a.� 24 25 -e- STAY`8 OF �$SQTb COtIli3'Y OF Rl►M8EY �� _ tol� " ' 2, J�mei Thie�+ea, Ogfieial Caurt Repoztes, eto h.reby certiEy that tIis above traaacript is a true and. camglete traxieCript o£ my ehorthand notea takea the abave e�CiClad matter be#are the Hanorable John J. lfirby, Rameey Gouaty Ju�e, at St. Paul, Mtnnesota, on Aps3.17�2$, 1981. � � L rt �egortez ^�La ��.� ted�.� . , �/ �e� i ` � aAr�s�r couNrr Mt�wcira�. coum . . - 7346 CouR tleuta � St Vwi, Minna�ms 5610Z 1 �,��,�,`��c� � F � - �� - �o �3 DIVZSION OF HQUSZNG AND BUZ ING CODE ETIFORCEMENT C , ADDRESS � �L �—�ATE + � CEPISUS TRACT SEQUENTIAL NU. COtiPLF1IPST DATA: �� ^ � �„C,(�,� �t.�' �(7��c+�2p ��.CQ e T f%�i-u...v�- coriPt,azrrnrr � ADDRESS itL<�� :-,�xorrs rro,� l, -� `�� C �. w =c?L� ��. � � � �-�u-:��s.� '��-`-`'�_ ' - �� •L,�s ��L�--- � �� '�� ls�s.�� -- Gil � L'—/1ilCS,u C � �G1�l�s-��i (.L� �? ��-� �-, < <, .� c I � �.(� /t.��„ -� o-�..� o� L � ' � C ti � �� _ � L�-- �� r � :�.�� ..�. „ � ��)��t-� S . A .� �'� ui.0 � . `1 .c �, < � � . � � � . CITY OF SAINT PAUL DE�ARTA�i�l11 DIVISION OF HOUSiN6 ANE7 BUI IkG pENMlT NO.�� CODE ENFORCEMENT M6 tITY XALL ST. PSUL. MN Sfi707 PI.AN NO. � �/� J�.7sn-ccc��C.L.• %� "'�—'� .�ST.COOE � V � oesc ir G toN R R3�� DATE ` d• — 1 � ^ R �" 4WkEii ��1LA '�, rS�I �G PA't� OWjdERSADGR�55 ! / L �✓.vGr� N Q dLD ��}� NEW TYPECQNST_ .,�`� OCCUPANC�' GRADING Si'UCCOOR ❑ BUILQ ❑ AND EXC. L PLASTER C] DRYWALL Q ADDSTIOf�t C3ALTER t �[7 REPAty p MOVE NG s�oe S � 1 ATEO VALUE BILSEM6NT ' I� YES L� NO SQ,�T a c� o — c ❑ FENCE C7 WRECK rj'� CC O 57 ` ING�UPE i�3EMFN7 � P�AN CtiECK S7ATE _ � t r SUHCHARGE E� Q O ' ' '� �a .� _" _ •-h' i � �� '�- �� ' , _ _ _-_,. . � " ,,,�..�t� / � 5 , �� --_- . .. . _ . _.. TOTAL PEE �"'-''�'' - -'='' ' �' WNEN vA�IOaTlD TH75 18 YOUR pERMiT ApPIICA.NT CERTiFIES 7NAT ALL ItvFORMATION IS CQRRECT AND THAT ALL PER710VENT STAT! ffECi41�AT10N$ ANQ CITY ORD�NANCES WlL4 4E GOMPl1ED WITH IN PERFORMING , THE WORN EQ,B.WHICH 7t115 VERMIT 15155UED. ' . � � 'I ADDRESS OF JO8 1C e^-�-�� ..///t� �� L�rY�C-� l Dv PUTM�R�ZED��GNATVRE q c��]-l�(� C�(ZU(:U� l ill_1. [:1_I:(;"�'IZl(; (:O�11'��N1' �3�it; .)cfic��:5cn� i\vc��t�c� Sf. I��ul, l��linnesu�a JJ 1 OZ i�l�o�ic 221-02G i I��x 22 t-0354 n�,��s� s, � v9� P.Ir. l'erry hlcGrath 772 Lincoln Avenue St. Paul, Minnesota 55105 Dear htr. McGrafi�: On July 27' 1 conducied an inspection of the electrical in the 3"� floor of 772 Lincoln. I fvund the electrical to be in unusulll}' good condition. ft has a separale ] O(T-amp service pane[ and circuits. ln specific, f found no Code violati�ns. "I here is, however, aud un�vired fresh air daroper and an unenergized piece of romex instalied for firture track lighting. Neither of these items constitutes a violation of the national electrical code. Upoa rurther inspection I detennined diat the JenAir stove fan wasn't working because the stove ��as disconnected and the b�th fan had been unpiugged. D ty inspection revealed no electrical code violltions, therefore, there could be no ��iolations that would constitute eadingerment to he�lth or safety. Sincerely, 5 � . ,�.. , :: ,:_�.r�L<< � Richard KirUand RK!}�k ��_ �a�� i nR n1�S�7.�U�`7 11:1f� FAS GlZi;inl_I �30��vs August •'V, 1`?97 m�r. ' rC�� H �"tLc:TrZ� n 712 L.iucoh� Ai�r.. Sl. Pau(. Nin. _5?1v5 ItntJli;'� 1'I.I��IRIN�= n - (D ('� �e n n � � I Onalilp LVnrFJtluaiil�• Vah�� I�ear Nlr. AicGrltl�, O�� July 22, I9y7, 1 ctmducted au iuspection of the u�e.chanical an�l ph�mhiii� eeslemc on tt�e tiurd Iloor at tlie �buve residence. [ fnuud no vininlivns of the c�.n�r..ni incnl inechani�;:d and plumUing cocte at this tinie. If p��u ner..d any fiu Uirr a.vsi�t�ttc:e_ plense c�il mc; $i�tcere(y, � / 7 / J� / � �t�a{[erJ. d ` I'irsi�irn�� 111Q �ih�l�y A1r111O�inl Hiqhtvny • I�p B•�< G(1i9R Mendui.9. PAhI 5?1�f1 Q79FS f'thnnn: (R 12) 4� 1 Inra7' f AX. f�:i7) q!� ` F;"a�l ;� �.:.. Y^ "tiY � Wu.. `w �.. I� � �`. £ kyyi�"! 8 � � :. �., ? ry , � m4. . �� ✓ . ±� 1 � � ' '',� � rr ... c �� 'y .. � � , p � :� .__ R`. .. . � >:< l � �'e . �` . �� .. .�... r �� ,_� ,� - �' �#'+ � t p `•j( \ �� , �rd a,":� '�s .",F �;'t1';'.; _ . .. . �5i ,�. q}E 3 .�.. '' �S�d � �' + ,.. i' ,.��„ �" , ,. .'��1` � r � j,; '� -_ ,� � �s� � k ., .g�.. . ..� Y nu Y k Cµ,.ti A� �" ��ti' � Y i: �- �`v � �� 1 � � r. � :6 . 1 t __ � I .5 _ '� � 4 ` � ;,�?a�� . . r � s � , : � -� ii� �uv Z ��al� Electrical - Kitchen .. - ------ .-� - �; , - ._-_---,- ; , � . f _ . � � . -�_ i f. �+ . 1, ,( "5 1 ,. } � t�i � ,. � . ; � �, � , �f '2 � 4 { v�a I°3 � {c . Fi � �il f �� ' . �M �Fi�'kSu � � �,`�� p�i : i;`.� i �. i n t ' :n' . ��. �� i :'� � . � � '� ' ' � -` � �� o�� ra;rc down to 2nd floor. �� ., ( c� � � Water damage - recessed light. Water damage - stove azea. �� --d� l� Chimney - I,anudry Room �� a�-�merd e�, - �S � 13 I `1�l Council File # � � - ( C (� Green Sheet # 29861 �_ '�:.. _ � Ptesented by_ Referred To � RESOLUTION CITY�QF y S,Al1�T PAUL, MINNESOTA S5 Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the August 5 decision 2 of the Legislative Hearing Officer: 3 PropertXA�roealed Appellant 4 1571 Matyland Avenue —�� - � S '+�'• ��• �R4'1 - V°ti- 5 Decision: Laid Over to the August 19 Property Code Enforcement meeting 6 772 Lincoln Avenue e 7 Decision: Appeal� D�.ry�� e,q Terry McGrath 8 1339 Sherburne Avenue Allan Cederberg 9 . S ee. cou„�; � K; Ie. -� 9`I — Ioa�( 10 911 Minnehaha Avenue West #105 Eddie Maddox 11 Decision: Appeal Crranted 12 640 Jackson Street 13 Decision: Appeal Granted 14 1034 Suburban Avenue #104 15 Decision: Appeal Denied 16 630 Pierce Butler Route 17 Decision: Appeal Denied 18 1760 Case Avenue 19 Decision: Appeal� (� e e a Doody Mechanical Inc./Larry Rosenbower Delbert Phillips RJ Schinner Company, Ina/ B. Giassman Keith Pederson 1 q•�_ /0►3 1 2 3 4 5 6 7 Yeas Nays Absent Blakey � Bostrom � Harrfls f Megazd � Morton ✓ Collins ✓ Thune ✓ � d � 8 Adopted by Councii: Date � q 9 Adoptio ertified by 10 By: 11 Appn 12 By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � Gt7- 1b �1 DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED I V� 2 9 8 61 CITYCOUNCII, �6�m GREEN SHEE CONTACT pER$ON & PHONE INRIALIDATE INITIAVDATE �DEPARTMENTDIRECTOR OCITYCAUNCIL Gerty Stratl�man 266-8575 ASSIGN � CITYATTORNEY O CRYCLERK MUST BE ON COUNCiI AGENDA BY (DATE) pO� GFOR O$UDGET DIAECTOR � FIN. 8 MGT. SEFVICES DiR. August 13, 1997 Public Hearing OflDEfl O�yQp (pR A��y�ANn 0 TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION REQUESTED: . Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for ihe August 5, 1997 meeting. RECAMMENDATIONS: ApProve (A) or Rejact (Fi) pER50NAL SERVICE CONTRPCTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/Firm ever worked under a contract for this department? _ CIB COMMITfEE YES NO _ SrAFF _ 2. Has this person/firm ever been a city employee? YES NO _ oi57RiC7 CouF1'f _ 3. Does this personRirm possess a skill not normally possessed by a�y curtent ciry employee? SUPPORTS WHICH COUNpL O&IECTNE? YES NO Explain all yes answers on separate sheet and attach to green Sheet INIT7ATING PROBLEM, ISSUE. OPPORTUNITY (Who, What, When, Where, �✓hy): A�VANTAGES IFAPPROVED: DISADVANTAGES IFAPPROVED. DISADVANTAGES IF NO7APPROVED' TOTAL AMOUN70FTHANSACiION $ COST/REVENUE BUDGETED (C�RCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITV NUMBER FINANCIAL INFORMATION (EXPI.AIN) �li � Council File # ��'� Green Sheet # _��>�� RESOLUTION CITY OF SAINT Presented By 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Referred To . Date G7—�13 WHEREAS, 1339 Sherbutne Avenue, St. Paul, Ramsey County, Minnesota, has been a nuisance property for a number of years; and WHEREAS, the St. Paul Fire Department has documented several significant violations of health and fire codes inside 1339 Sherbume Avenue and has condemned four of the units because of eattensive damage; and WHEREAS, the St. Pau] Fire Department has revoked the Certificate of Occupancy for 1339 Sherbume Avenue effective July 31, 1997; and WI�REAS, the owner, Alan Cederberg, has not managed 1339 Sherburne Avenue properly up to this point on his own and has not yet made the necessary repairs to bring 1339 Sherbume Avenue into compiiance with all applicable health and fire codes; and WHEREAS, Mr. Cederberg personally attended the city council meeting and admitted that the underlying revocation of the Certificate of Occupancy of 1339 Sherbume Avenue was proper and that the required repairs were necessary; and WHEREAS, Mr. Cederberg expressed his willingness to abide by the conditions recommended by the Fire Department and adopted by this Council; and WHBREAS, Mr. Cederberg acknowiedged that any failure to comply with the conditions set out in this Resolution would result in immediate enforcement of the revocation of the Certificate of Occupancy at 1339 Sherbume Avenue; and WHEREAS, this Council acknowledges the shortage of affordable low-income housing in St. Paul, and the potential for displacement that the immediate enforcement of the revocation of the Certificate of Occupancy might cause; and WHBREAS, this Council wishes to avoid potential litigation resulting from the immediate enforcement of the revocation of the Certificate of Occupancy might cause; therefore BE IT RESOLVED that enforcement of the revocation of the Certificate of Occupancy at 1339 Sherbume Avenue is hereby suspended subject to the following conditions: 1. By August 31, 1997, Mr. Cederberg (Landlord) shall have an independent real estate appraiser examine 1339 Sherbume Avenue and provide a written estimate of cutrent mazket value to St. Paul Fire Prevention. This estimate must include all of the costs required to bring 1339 Sherbume Avenue into compliance with all applicable health and fire codes. 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5� 51 �� tO/� 2. By August 31, 1997, Landiord shall have hired an approved management compan manage 1339 Sherbume Avenue. The management company must begin managing the building by no later than September 1, 1997. 3. By August 31, 1997, Landlord shall have acquired all of the necessary pemuts needed to bring 1339 Sherbume Avenue into compiiance with ali applicable health and fire codes. T1us includcs the posting of any and all requircd bonds. 4. By September I5, 1997, Landlord shall have a new security intercom sysiem complete with new door installed at 1339 Sherbume Avenue. 5. By September 30, 1997, Landlord shall have listed 1339 Sherbume Avenue to be sold through an approved real estate agency. The listed asking price shall not exceed 125% of the appraised value as sei out above. This price may only be raised upon completion of significant repairs by Landlord, and a new independent appraisal by a qualified appraiser. 6. By September 30, 1997, Landiord shall have licensed contractors begin working on the necessary repairs at 1339 Sherburne Avenue. 7. By October 31, 1997, Landlord shall have either made significant progress in having all of the necessary repairs compieted at 1339 Sherbume Avenue or have compieted a bona fide sale of the property to a third-party buyer. Whether significant progress has been made shall be determined by St. Paul Fire Prevention after a complete on-site inspection. 8. By December 31, 1997, all necessary repairs to bring 1339 Sherbume Avenue into compliance with all applicable health and fire codes shall be completed or 1339 Sherburne Avenue shall be vacated until such repairs aze completed. Whethet all necessary repairs have been compieted shall be detemuned by St. Paul Fire Prevention after a complete on-site inspection. 9. Landlord shall inform any and all potential buyers of 1339 Sherbume Avenue of this resolution and shatl provide them a copy of the necessary repairs required to bring 1339 Sherbume Avenue into compliance with all applicable health and fire codes in addition to a copy of this resolution. 10. Provided that Landlord complies with all of the above requirements, St. Paul Fire Prevention shall not enforce the revocation of the Certificate of Occupancy at 1339 Sherburne Avenue. 11. If Landlord fails to comply with any of the above requirements, St. Paul Fire Prevention shall enforce the revocation of the Certificate of Occupancy immediately and shall provide the tenants of 1339 Sherbume Avenue with a 30 day notice to vacate. � 1 12. At periodic times as viewed necessary by St. Paul Fire Prevention, Landlord shall 2 meet with a representative from St. Paul Fire Prevention and provide written documentarion or q ��/3 3 on-site inspection to verify that all of the above requirements aze being completed as required. 4 � Requeated by Department of: By: Form A.pproved by City Attorney Adopted by Council: Date � �� 8y � Adoption ertified by Council Se eCary Approved by Mayoz for Submission to Council $Y' �- . �� ""l � ,l _�___ By: Approved by Mayor: Date � ey: N° 50533°��`� r-.��_._� : � � - . �- a. DEMRTMENTpFFICE/COUNCIL DATEINITIATED GREEN SHEE � C].0 Counc' 8 13 97 INITIAVDATE INITIAVOATE CONTACT PEFSON d PHONE � DEPARTMENT DIRECTOR a QTY GOUNqI Councilmember Blake 266-8610 pSSIGN � CITV A170RNEY � CITV GLERK NUMBENFOF MUST BE ON COUNCiI AGENDA BY fDATE) ROUTING O BUOGET OIPEGTOR O FIN. 8 MGT SERVICES DIR. ORDEP O MAVOR (OR ASSISTANT) O 8/13/97 Sus ension Ite TOTAL # OF SIGNA7URE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) FCTION REOUESTED. R°' '"—"`''----- =��^' '^'7 suspending enforcement of the revocation of the Certificate of Occupancy at 1339 Sherburne Ave subject to conditions. FECOMMENDATIONS: Approve (A) or Reject IA) pERSONAL SERVICE CONTRACTS MUST ANSWEfl THE FOIIOWiNG OUESTIONS: _ PLANNING COMMISSION _ C�`11L SERVICE COMMISSION �. Has ihis person/tirm ever worketl under a conlreC� tor ihis Oepartment? ' _ CIB COMMITTEE _ YES NO _ STAFF 2. Has this pessonlfirm ever heen a ciry empfoyee4 — YES NO _ DiSTRICi COURi _ 3. Does this Oerson/lirm possess a skill not no�mally possessed by any current city employae� SUPPORTS WHICH COUNCILO&IECTIVE7 YES NO Ezpiain eli yes anawera on sapera�e eheet and ettach to green sheet INITIAiING PROBLEM, ISSUE, OPPORTUNITY (Who, Whet, Whan. WhBre. Whyj. ADVANTAOEB IF APPROVEO: DISADVANTAGES IFAPPROVED: UISADVANTAGES IF NOTAPPqOVEO: TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDIIJG SOURCE ACTIVITV NUMBER FINqNCIAL INFORbSATION: (EXPlA1N) ��- !0!3 Properry Code Enforcement Meeting Cj August 5, 1997 � Gerry Strathrnan called the meeting to order at 1:29 p.m. 1571 Marvland Avenue Thomas Lindbeck, owner, appeared and stated he received an order to do repairs on July 14. He filed an appeal July 22, which is within ten days of the notice as the instructions state. Before he filed the appeal, a condemnation was done on July 22. Mr. Lindbeck feels he is being harassed. He has had real estate people approach him about purchasing this property and feels there may be a conspiracy to take his property away. Gerry Strathman responded Public Health can proceed at any pace they want, but filing the appeal suspends enforcement of the order until after the matter is heazd by the City Council. Thomas Lindbeck stated he received a letter on July 14 to clean up the garbage on July 15. He contacted someone to ask for mare time. About Violation 4 which deals with the fizmace, Mr. Lindbeck talked to Inspector Dauid Weisberg who said the work has to be done by a licensed contractor. Mr. Lindbeck called License, Inspections, and Environmental Protection (LIEP) and received a letter from Christine Rozek saying a business license is not required for cleaning furnaces. Gerry Strathman responded Violation 4 does not mention cleaning, but deals with having the furnace and water heater inspected. Thomas Lindbeck stated on July 24, the electrical inspector Franklin Gurney inspected the property and said the electrical service must be repiaced because it was submerged in muddy water. Mr. Lindbeck stated having the circuit box completely replaced would be an expensive project of $1,500 or more. Three electricians said the m�imum needed to be replaced is the interior. Mr. Lindbeck feels this is a conspiracy to wear the landlord down and take over the property. Thomas Lindbeck stated he needs more time to comply and to convince people what they are ordering is improper. David Weisberg, Public Health inspector, appeared and reported Violations 1 and 2 have been taken care of by the tenant. The furnace and water heater should be inspected by a licensed furnace contractor and licensed plusnber. Whatever work they requite needs to be done. All work on rentai properry has to be done by a licensed electrician. The immediate concern is the structural support to the basement ceiling. This has been taken care of. An extension has been given until August 20 on the vacate date. Gerry Strathman laid over this matter to the August 19 Property Code Enforcement meeting. If the matter has not been taken caze of by then, another decision will be made. Thomas Lindbeck requested the decision in writing. (Note: a letter was sent to Mr. Lindbeck on August 6 with Gerry Strathman's decision.) q�-�a� PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 772 Lincoln Avenue Page 2 Terry McGrath, owner, appeazed and stated his appeal is for staying the condemnafion order as being unfit for human habitation for the T'hird Fioor. Violation 1 states the Second Floor unit is unapproved. Mr. McGrath stated there is no Second Floor unit. There never was action to increase to a duplex in 1982 as stated in the paperwork. In 1982, there was a court case where the judge ordered the stove be disconnected and the occupancy could reuiain a single family home. There aze occupants that live on the Third and Fourth Floars, but it is a single family home. Violation 2 deals with the electrical. Mr. McGrath handed Gerry Strathman a letter concerning the electrical system. Violation #3 deals with the furnace in Unit #2. Mr. McGrath handed Gerry Strathman a letter concerning the furnace. Mr. McGrath did not understand "no proper sepaza6on" in Violation 4. The wood stairs are not deteriorating as stated in Violation 5. A tree branch put a small hole neaz a valley in the roof that created some water damage. That has been fixed. The missing plaster as stated in Violation #7 is not a health haza.rd but has been fixed. Violation #8 states the ceiling around the chimney is not sealed properly. It is a triple asbestos flu liner and does not constitute a code violation, but it was fixed. Violations 9, 10, and 11 dealing with the kitchen floor, stove vent, and the bathroom vent fan were a11 taken care of. None of these violations constitute a health hazard. Steve Schiller, Public Health inspector, appeared and reported he was at the property yesterday morning, but did not go inside. The occupancy issue has not been resolved since 1982. The elecirical system had problems. Repairs may haue been made prior to these licensed contractors coming in. On Violation #4, there was only a ctu-taiii between the Second and Third Floors and no fire access. Terry McGrath responded there is a door separating the Second and Third Floors at the bottom of the stairs. Gerty Strathman stated he is having a hard time seeing the basis far unfit far human habitation. Steve Schiller stated there is a zoning violation, missing cover plates on the inside and outside electrical system, fans don't work in the bathroom and on the stove. Mr. Strathman responded there is a letter indicating some of these items have been repaired. Mr. Schiller responded this is the first time he has seen these letters. Gerry Strathman stated a second inspection is in order. ff what the appellant is representing is true, there does not seem to be basis for condemnation. Wendy Lane, LIEP, appeared and stated she feeis uncomfortable with one section of the City being told it is okay to haue a second unit. Gerry Strathman responded there is a forum for dealing with a zoning violation; condemnation is not the normal first course. Ms. Lane agreed. Terry McGrath showed Mr. Strathman a video of the scene. Gerry Strathman granted the appeal because he could not support the finding that this building is unfit for human habitation. Steve Schiller submitted files for the record. q'7 - l o t� PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 1339 Sherburne Avenue Page 3 Allan Cederberg, owner, appeazed and stated this building was involved in the flooding in 7uly. He has no probiems with the July 22 Certificate of Occupancy. He has questions about Violafion #8 to provide mechanical ventilation in all units. What he has done is adequate. An electrical contractor has been hired. Saint Paul Plumbing came in Monday to fix the trap in Apartment #5. Pat Fish, Fire Prevention, appeazed and reported the venfilation is not adequate. There is gravity ventilafion from years ago. It wouldn't be hard to instail a fan because the duct work is already there. It is a fairly inexpensive project. If Allan Cederberg would provide documentation that the roof has been inspected and in good condition, that would be sufficient. Mr. Cederberg said he would have the roof inspected. There was considerable evidence of water damage. The electrical service in the building is not up to code. A licensed elecirician would have to be in the building doing that work. There is some logic to doing it at that tnne. Allan Cederberg stated Violation #36 has to do with steps and he would like something in writing telling him what has to be done. Gerry Stratl�man stated Pat Fish will give him the requirements on that. Allen Cederberg stated he would like a six month extension to complete this project. Pat Fish stated she gave an extension already. She was concerned about the electrical, the plumbing, and the roof. A majority of the work has been done by Mr. Cederberg and is not up to code. Linda Druck appeared and stated she lives down the block from 1339 Sherburne. She has been working with the block club for over 3 years to get Ailen Cederberg to do some improvements on the building, but nothing changes. There have been 200 police calls in 1'/x years. There are 3 people living in the condemned apartments. Ms. Druck would like to see the building condemned. Mr. Cederberg does not shovel in the winter. His trash is all over the alley. Gerry Strathman responded some of these issues are not relevant today. Patrick Hess, Ramsey County Attorney Office, appeared and stated he works with nuisance properties and has been working with Allen Cederberg for over a yeaz because there was a lot of drug activity at the address. Tenants were compiaining about some of the condifions. Mr. Cederberg's track record is that he does not follow through on thiugs he says he will do. He has agreed to bring in a caretaker, but both caretakers were not informed what they were suppose ta do. Mr. Cederberg always fmds a reason to postpone his projects. Today, his reason is tlie cost. He is unable to spend the money necessary to make the repairs. He attempts to do it tumself, but is unable to do them up to code and creates more problems than he fixes. Allen Cederberg stated he is not the best manager, but does his best. Gerry Strathman denied the appeal. �'1-l PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 911 Minnehaha Avenue West #105 Page 4 Eddie Maddox, owner, appeared and stated he is appealing the quality of the inspecrions. He showed Mr. Strathman the defuution of the eatension cords. Mr. Maddox stated in the uniform fire code, they aze fle�ble cords and aze permitted as pennanent installation. Pat Fish reported the 1991 Mimiesota Uniform Fire Code prohibits eattension cords for permanent wiring. These aze eactension cords. An electrical inspector was sent out. There was extensive discussion with the fire mazshal. The inspectar was refused re-enhy. In a multi unit building, the code does not allow extension cord wiring. Eddie Maddox said it was only the last time he refused enhy to the inspector, but the inspector had been there several times before. Gerry Strathman granted the appeal based on Eddie Maddox's explanation that these aze flexible cords, not extension cords, and absent any evidence to the contrary. 640 Jackson Street Lany Rosenbower, representing the owner, appeared and stated this is about a new stand alone parking ramp and involves the fire protection stand pipe system. The issue is about valves in the vehicle pipes that come off in the main run. This applies to the wet valve system in order to turn the valves on and off to maintain the system. 640 Jackson has a dry system without any water in it. The valves do not serve any purpose. Gerry Strathman asked do the valves serve a purpose. The inspector responded yes and no. This is a dry system and a code requirement. The reason for the vaives is in the event there is some damage to one azea, that area can be sectioned off without taking the other areas out of service. The inspector has no problem with this appeal. This will be addressed down the road if there is a problem. Gerry Strathman granted the apgeal. 1034 Suburban Avenue #104 No one appeazed. Gerry Strathxnan denied the appeal. Pat Fish stated this involves a cat urine odor. The unit will be posted with a vacate date. 630 Pierce Butler Route No one appeazed. Phil Owens, Fire Marshal's OfFice, appeared and reported the ventilation is inadequate if not non existence. This is a warehouse that operates fork lift hucks in the building. Both occurrences q� -1�13 PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 Page 5 happened on Mazch 5. Fire Department personnel responded when three workers had been overcome by cazbon mono�de poisoning. The district chief indicated the cazbon monoxide poisoning was due to no ventilation. Northem States Power personnel was called and determiued the cazbon mono�de was from fork lift trucks. There was another complaint on 7uly 15. The Fire Department found cazbon mono�de levels were too high. This business had made no effort to rectify the situation. Gerry Strathman denied the appeal. 1760 Case Avenue Patricia Whitney, Keith Pederson's attorney, appeazed and stated her company runs the property when Mr. Pederson is out of town. She objects to the certificate of occupancy inspection. This inspection occurred as a result of a referral from Apartrnent 6. There was no failure to comply because there was no advance notice. Pest control treated the building on July 26; this is done monthly. Violation #2 concerning the leak from Apartment 6 has been corrected. Violation #3 deals with the window. This window has been boazded up; it will be insulated and made part of the permanent wall. The carpeting is stained but it has been cleaned. The on site managers are suppose to be vacuuming daily. New carpeting has been purchased and will be installed in the common areas in September. The building was inspected on July 16. On July 17, the residents in Apartment 11 were evicted. The inspector Dennis Watters inspected again on July 31, but Ms. Whitney does not have a written response to the results. Patricia Whitney stated Apartment #6 residents have changed the locks and refused to provide the caretakers with keys. They were given a pay or move notice on July 16 just prior to the inspection. They are in arrears nearly $2,000 in rent. The residents of that apartment aze circulating a petition. Tenants aze bypassing management and going directly to the inspectors. This is unnecessary because Ms. Whitney is often on site. Pat Fish reported Dennis Watters is on vacation right now therefore she does not haue the response either. This complex has a long history of some problems. Keith Pederson has a tendency to procrastinate on problems. Because of the activity there, the caretakiug seems to be more than a full tune job. The certificate was revoked in hopes that Mr. Pederson would take chazge. Patricia Whitney stated Keith Pederson does have a procrastination problem and an additional person has been hired. Gerry Strathman granted the appeal on the basis that the responses to these violations seem to be adequate. Meeting adjourned at 3:13 p.m. AUG 4 '97 08�44 FROM LSD 1959 TO 041#169p2222770# PAGE.002 p��, (� 1 � 7 �-(� 7 - ---�--�--._.�____.._. . --- _ _. _ _ - -- ----- ---- `�._ 1t14��. ._. � ._. ._. ----- ---�-- .- S. { j_ -._. _..---------- _ .-- ---- ---�: t�.u�� -c,b�_f� __�� . -- �---- - --- � - ----- . _�?�- --Lr�+t�!✓_.�4 _ . ___._- _-- - - ___,.-- ---�t �J_(, .�a SSro� __ .. . . _---.____-- _ . ___ _. _ . _ _. ..��, - . --- --_ _ _..___.__--- ---- _ _ __ .._ .. ---.. _._ . _ . -- - - . �. _ .. . .�_ . f • �/ o ,vr �' f� _.. . l d� � ....a. �.� r��,�.....-f1�1 �,�.... � . .. � � f�t�. .,E� . ?��_ �i�s�/.v ----- - ---._. .--- --- � . __... � -- - ----� - ' _.. ._ .._ . � --...�L.... ._��...�� . _ .. 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P ��z �tTT 00 :�: S K O ~ J Y� � g �C George Latimer Mayor November 20, 1979 � � - (o(� CITY OF SAINT PAUL DEPARTMENT OF COMMUNITY SERVICES DIVISION OF HOUSING AND BUILDING CODE ENFORCEMENT Ci[y Hall, Saint Paul, Minnesota 55�02 6ti2-298-4212 '1'erry P. McGrath 772 Lincoln Avenue Saint Paul, Minnesota 55205 Dear �(cGrath: The �lans as submitted for a third floor aoartment at 772 Lincoln Avenue do not meet the zoning reaulations as a permissible use. Thi_s nroperty is zoned R-4, for single family use. It is our opinion that the proposed addition to the third floor constitutes a separate unit, as o��posed to an accessory use. YoL. hace the right to appeal this decision to thc Board of Zoning Appeals. F:r.closed is your check in the amount of $67.25, and an application for an .�dministrative Review, should you decide to appeal. � /�L.._ f - Glenn A. Erickson Zoning Administrator C.41i/1VL/eh EnC CROCUS HILL ELECTRIC COMP�'�NY 8S6 .lefferson Avenue � � , ( a �� St. Paul, Minnesota 55102 Phone 221-0261 FaY 221-0354 August s, 1997 Mr. Terry McGrath 772 Lincoln Avenue St. Paul, Minnesota 55105 Dear Mr. McGrath: On July 27` I conducted an inspection of the electrical in the 3` floor of 772 Lincoln. I found the electrical to be in unusually good condition. It has a separate 100-amp service panel and circuits. In specific, I found no Code violations. There is, however, and unwired fresh air damper and an unenergized piece of romex installed for future traak lighting. Neither of these items constitutes a violation of the national electrical code. Upon Further inspection I determined that the JenAir stove fan wasn't working because the stove was disconnected and the bath fan had been unplugged. My inspection revealed no electrical code violations, therefore, there could be no violations that would constitute endangerment to health or safety. Sincerely, i ;, O � / i. � / /�<7'�Llc� ' Richazd Kirtland RK1pk u3:9d� fli 1ION 17:1A FA1 G12�}54��1.21 rfi,... �:.> August 4, 1997 Mr. Terrv ��cGrath 772 J,incoln Ave. 5t. Paul, M��. 5 �105 AONFF'S PLI�DtBCN�: � 1 '�� ,,, /'i� . ��1 Qnality WvrklQualiir Valne, Dear Mr. NicCrratb, On Jaly 22, 1997, 1 conducted an ins�ection of the me,chanical and plu�nbin� sysleixis on t�e Chird floor at tfie above residence I found n� violatious of the cu.�rent loral ,nPClranic�l and plumbing code nt this tinie. Ifyou neeci any furtl�er assistane,e. ple1,G� �:nll ��ie 5incerely, �� Wal er J. onfe Presiden 13f0 Sib�ey Me,morial Highway • f'O Box 5b798 Mendota. MN 5515U-U79Ei Phone: (F I?_) 454-1997 - f"f1X: (r;t9) �r,� f;.'3o `� � `I/l�c� � 1 I — 7��` �'� �� , �o L7 DIVISION OF HOUSING AND BUI IN6 CODE ENFORCEMENT ADDRESS � /li- „ ]' CENSUS TRACT SEQUENTIAL N0. COI;PLAINT DATA: f ?�,c�,�� Q��U� � 2� �,� ��- COMPLAINAN� ADDRESS (�/L�C�C! ONE NO,p� � - (� r ` \ I _ _ � � WV iy'� . M C� � .1--// C ` � .�/ 1 _ �.�f� �,/ L / a_ I i u� � ��i//��'4� � La3� � �,/�'� � ./ � � . �_:r� �_ �� /� � / . ;/ :�, � - = � ' , � �ss�: .� � � ' � / .�" ' u _ i . . .:F d � I� ;,� � 1' ��. �..�L �� i , a ; .- . � � 1 2 3 4 5 6 7 8 9 10 ll 12 � 14 15 16 17 18 19 20 21 22 23 24 25 9NREki! �F F89�.0 Ftitiatxcs AtlG �0 4 i4 �� STATE OF MINNESOTA COi3NTY OF RAMSEY CITY OF ST. PAUI,, i� � l.-c.. �-( 2 `N'� .� � . �01� MUNICIPP,L COURT CITY OF ST. PAT3L Plaintif£, vs. TRANSCRIPT OF PROCEEDINGS TERRY MCGRAF, Defendant. Transcript of Proceedings held be£ore the Honorable John J. Kirby, Ramsey County Judge, on April 28, 1981, at St. Paul, Minnesota. APPEARANCES : John McCormick, Assistant City Attorney, appeared on behalf o£ the Plainti£f. John Scanlan, Attorney at Law, appeareo on behalf of the De£enaant. RAMSEY COUNTY MUNICiPAL COURT . 1245 Court House St. Paul, Minnesota 55702 il � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _z- �� ot7 MR. MCCORMICK: This is in the matter o£ the City of St. Paul, versus Terry McGraf. Mr. McGraf is cha=ged with an ordinance violation of remodeling a third floor without a permit. The buil8ing is located at 772 Lincoln Avenue in the City of St. Paul. Your Honor, there has been numerous discussions between respective counsel and myselE an6 with the Builaing Departmen Basically, the procedural history has been laid out to this Court as to the fact that it is allege6 by the City that the Defendant did not -- he completed a reconstruction of a third floor area without having the proper permit. He did apply for permits Prom the City of St. Paul, his plans were not approved as a result a£ the totality of the reconstructio involved. It was the opinion at that time o£ the Builping Department that the way the plan laia it out is that the Defendant was, in fact, constructing a completely separate unit up in his third £loor attic area. There is an exterior stairway, a bedroom, a bathroom, a washer and dryer £or clothes, £ireplace, living room, library, and a kitchen complete with cobking facilities and re£ridgeration. As a result, the plans were not approve6. There have been numarous inspections since that date an6 complaints to the City from neighbors in the area as to the construction and as to the proposed use of this attic. Ultimately, a tag was issued in late December of 1979, RAMSEY COUNTY MUNICIPAL COURT 1245 Court House St. Paul, Minnesota 55702 -3 �� , �a�/ 1�� I believe because of subsequent inspections indi.cating that 2II although Mr. McGraf did not have the permits, the attic or 3 third £loor area was completed. That is the charge which he 4 is here to6ay on. 5 After our discussions, it has been brought to my 6 attention that the City would, in fact, issue a permit to 7 Mr. Terry McGraf for the reconstruction oP the third floor 8 attic area at this address, but this p°rmit is �ssued -- is 9 limited as £ar as its issuance. It is issued on the basis 1Q that this third £loor attic area will not be used for rental 11 property or £or any unacceptable use under the present 12 zoning classification for that neighborho�d. 13 Also, it is my understanding that the permits would be 14 granted on con3ition that the cooking £acility that is 15 presently in this thiro £loor attic area be oisconnected 16 because at this time w:�at makes this unit in violation of 17 the present zoning orainance is that it is zoneo for sinqle 18 Pamily and by the fact that this unit or is classified as 19 a unit because it has the separate sepsrate bath- 20�� room, separate washer and dryer and living room and befiroom, 21 that it composes a unit and makes it a duplex or something 22 f) other than a single family dwelling. � 23f� I£ the Defendant disconnects the present cooking 24I� £acilities, which I understand are electric stove and overs, 25 and puts a metal plate over the plug in receptacle, that RAMSEY COUNTY MUNICIPAL COURT � 1245 Court House St. Paul, Minnesota 55102 -4- �� , l� � � � 1' 2 3 4 5 6 7 8 9 1� 11 12 13 14 15 16 17 18. would keep this reconstruction project from their classifica- tion as a unit; ano, therefore, it wouldn't be in violation oP the ordinance. However, if at any time Mr. Terry McGraf either rents this prpperty or reconnects the stove an6 has someone living up there and cooking, he would be in violation of the present ordinance and zoning ordinance unless he has reached some type of variance with the Zoning Committee. Tha� is my summary of what our agreement is. Iie will be entering a plea and he will disconnect the stove and apply £or a permit, and this would involve a certain amount of inspections on the job site. He will apply for the prop2r permits and the permits would be issued by the City on condition that the property is not used £or any other purpose THE CO'JRT: Is that your understanding, Mr. Scanlan? MR. SCAI3LA^S : TiiE COURT: Yes. Is that the 19 agreement which you have negotiateo the plea? 20 MR. SCANI�At3: Yes. L� 22 23 THE COURT: The Defendant is pleading.guilty based on those negotiations? MR. SCANLAN: Yes. 24 THE COURT: Also negotiated z5 that this would be put on the deferreo calendar for a period RAMSEY COUNTY MUNICIPAL COURT � 1245 Court House St. Paul, Minnesota 55102 � ��, . -5- �� _ �� , 2 3 4 5 6 7 8 9 1� 11 12 13 14 15 16 17 18 19 20 u 22 23 24 25 o£ six months? MR. SCANLA.N: Yes. MR. MCCdRMICR: I requested originally for a one year period. MR. SCANLAN: I would request six months. THE COURT: What did you stipulate to? MR. SCANLAN: We didn't st�:pulate to limit o£ time. MR. MCCORMICK: A reasonable period. THE COURT: I will decide. It will be nine months. I get to aeci3e something. It will be nine months for these particular requirements and obligations to be fulfilled. At the end o£ the nine months perioo, the building inspector will notify the grosecutor as to whether these have been fulfilled or not. If they have been £ulfilled, then the matter will be dismissed as prescribed by Statute, and there will be no further appearance in Court needed. If they are not fulfilled, then the Deferrdant will have�to come back and show cause why he should not be sentenced. (Hearing concluded.) RAMSEY COUNTY MUNICIPAL COURT � 1245 Court House Si. Paul, Minnesota 55102 � , � z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 u az 23 24 25 � STATE OF MINNESOTA COUNTY OF RAMSEY �� I, James Thiewes, OffiCial Court Reporter, do hereby certify that the above transcript is a true and. complete transcript of my shorthand notes taken the above entitled matter before the Honorable John J. Kirby, Rams�y County Judge, at St. Paul, Minnesota, on April 1981. RAMSEY COUNTY MUNICIPAL COURT 7245 Couri House� St. Paul, Minnesota 55102 Valerie G. Blatnik-Sigel and David Sigel 2775 Lexington Avenue, #117 Roseville, MN 55113 August 11, 1997 Councilmember Roberta Megard 310 City Hall St. Paul, Minnesota 55102 c�� _ �� IMPORTANT -- PLEASE READ BEFORE AUGUST 13 CITY COUNCIL MEETING! Re: CONDEMNATION of 3rd Floor Apartment at 772 Lincoln Avenue, St. Paul Dear Councilmember Megard, We are writing to provide information we feel that you and the other City Councilmembers must consider in reviewing Mr. Terry McGrath's appeal of the condemnation order for the third- floor apartment at 772 Lincoln Avenue. We rented the apartment at 772 Lincoln Avenue from Mr. McGrath from June 1995 until August l, 1997, when we were required to move out of the apartment pursuant to the July 17, 1997, Condemnation Notice and Order to Vacate. We are concerned that the Legislative Hearing Officer who heard Mr. McGrath's appeal of the condemnation order on August 5 was given inaccurate and misleading information about the nature of the property at 772 Lincoln Avenue and about the condition of the apartment there. Cited Code violations. The July McGrath cites rented at 772 deficiencies, condemnation a Council. 16, 1997, condemnation letter addressed to Mr. eleven separate deficiencies of the apartment we Lincoln Avenue. (See Letter, Tab A) These we understand, must be corrected before the nd vacate order will be removed by the City Mr. McGrath addressed the deficiencies at the hearing before the Legislative Hearing Officer and submitted two letters -- one �,� _ io �7 from an electrical contractor and one from a plumbing contractor, attesting to the lack of code violations. We were not present at the hearing. However, we requested a cassette tape of the hearing, which we have listened to. A copy of the tape and the transcript of the hearing are attached at Tab B. We urge you to consider the following information in deciding whether to stay Mr. McGrath's appeal of the condemnation of the 772 Lincoln Avenue apartment. We are very concerned that the apartment was not -- and, indeed, still may not be -- in conformance with health and safety codes applicable to rental property. We are also concerned about the well-being and safety of other tenants who may rent the apartment from Mr. McGrath in the future. Violation #1 - Zoning violation. The first of the eleven violations listed in the condemnation notice states that the apartment is not an approved unit because it does not conform to zoning restrictions and that action to increase the property from a single family resident to a duplex was denied in 1982. Mr. McGrath testified at the hearing before the Legislative Hearing Officer that there is no separate second floor unit at 772 Lincoln Avenue and that the property is a single family home and not a duplex (See Transcript pgs 1-3, 9, Tab B). The Legislative Hearing Officer apparently was confused about whether the property was a single family home or a duplex because he asked Mr. McGrath specifically three separate times about it. (See transcript pgs 1-3, and 9, Tab B) Mr. McGrath stated each time that the property either was a single family home, a single unit, or was not a duplex. (See transcript pgs 1-3, and 9, Tab B) The apartment at 772 Lincoln Avenue is, in fact, a separate unit. We rented the apartment on the third floor from Mr. McGrath through his property management company, McGrath Properties, from June 1995 until July 1997. Attached at Tab C are copies of our leases. The front page of the lease clearly states that the lease is for "THE THIRD FLOOR APARTMENT OF 772 LINCOLN AVENUE, ST. PAUL, MN." We paid McGrath Properties a security deposit of $895.00 prior to moving in. Our rent for the first year was $895.00 per month; it was $925.00 per month for the second year. The last three months we lived there Mr. a�,Eo�� McGrath required us to pay $962.00 a month (a 4°s increase) as we rented the apartment on a month-to-month lease. The apartment has its own separate outside entrance with a separate keyed lock. During the more than two years we lived there, the apartment had a kitchen furnished with a working stove, refrigerator, and dishwasher. It also has a dining room, living room, two bedrooms, bathroom, loft, clothes washer and dryer, and a self-contained furnace. We paid our own utility bi11s directly to Northern States Power. We also paid our own phone bills and had separate mail delivery. Mr. McGrath, his wife and daughter live in the first two floors of the property and have outside front and rear entrances into the property which are separate from the entrance to our apartment on the third floor. We do not have any relation to or know the McGraths apart from the fact that Mr. McGrath is our landlord. Mr. McGrath also testified before the Legislative Hearing Officer that in 1982 he was involved in a court case in which the judge ordered him to disconnect the stove of the apartment at 772 Lincoln Avenue. Mr. McGrath testified that, although he was required to disconnect the stove, the judge told him the tenants who rented the space could remain. (Transcript pg 2, Tab B) Attached at Tab D is a copy of a hearing transcript of the matter Mr. McGrath apparently is referring to, which shows otherwise. The transcript indicates that Mr. McGrath was prosecuted in Ramsey County in 1979 or 1980 for completing reconstruction of the third floor of 772 Lincoln Avenue without first obtaining the proper building permits. (See Transcript pg 2, Tab D), According to the transcript, Mr, McGrath's constructions plans were not approved because Mr. McGrath was believed to have been constructing a separate unit on the third floor at 772 Lincoln. (Transcript pg 2, Tab D). The issue came to the attention of the City because neighbors complained about the construction and the proposed use of the third floor. (Transcript pg 2, Tab D) Mr. McGrath pled guilty to the charge but was not sentenced at that time �ause he agreed to disconnect the stove and to never use the reconstructed third floor for rental �urposes (Transcript pgs 3-4, Tab D). (See also notes taken by an inspector of the Housing and Building Code Enforcement Division, attached at Tab E, of a phone conversation with the McGraths in 1979 in which the McGraths a� - t� �� stated that they were not converting 772 Lincoln Avenue into a duplex for rental income.) Violations #2 and #3 - Hazardous electrical system and furnace At the hearing before the Legislative Hearing Officer, Mr. McGrath submitted two letters from contractors attesting to the good condition of the electrical system and the furnace. The L�islative HearinQ Officer based his recommendation that the condemnation be lifted in large �art on these two letters (See Transcript pg 8, Tab B) We think it is important that you have the following information about the letters. The letter dated August 5, 1997, from Crocus Hill Electric Company states that an inspection of the apartment was conducted on July 27 and that the electrical system was found to be in unusually good condition. (See Letter, Tab F) The letter also states that "the JenAir stove fan wasn't working because the stove was disconnected." Mr. McGrath owns Crocus Hi11 Electric Company, the electric company which conducted the inspection. The statement in the letter that the stove was disconnected simply is not true. During the more than two years that we rented the apartment the stove was connected and was in working condition. In fact, Mr. McGrath provided us with two additional burners to replace the grill section of the JenAir stove so that we would have four burners. We used the stove to cook on a daily basis and to clean the oven the clay we vacated the apartment on August 1. The August 4, 1997, letter from Bonfe's Plumbing Service and Repair, Inc., states that an inspection of the mechanical and plumbing systems was conducted on July 22, 1977. (See Letter, Tab F) We are not aware of any such inspection. Valerie was home all day on July 22 recuperating from emergency appendectomy surgery she had on July 20. The only persons who entered the apartment on July 22 were Mr. McGrath and his son-in-law, Emil. Both looked at the furnace and then left. Apart from the letters, the most important issue is the actual condition of the electrical system and furnace themselves. The housing inspector cited both items as being in hazardous condition and not up to code. Mr. McGrath testified at the Legislative hearing that he did not hire anyone to correct these violations, arguing apparently that no such corrections needed to �1'1- �o �� be made. (Transcript pg 10, Tab B) The photographs of the furnace and the electrical system attached at Tab G, taken on July 23 -- one day after Bonfe Plumbing's alleged inspection on July 22 -- show the inadequacy of these areas and speak for themselves. Violation # 4- Lack of proper segaration between the second and third floors. The Legislative Hearing Officer was confused about violation #4 in the condemnation notice -- the lack of proper separation between the second and third floors. Mr. McGrath testified that the property was not a duplex but a single family home, leading the Hearing Of£icer apparently to wonder why the separation issue was an issue at all. (See Transcript pg 9, Tab B) The housing inspector testi£ied that he cited the apartment for improper separation because the door separating the second and third floors of the property is improper and because there is no second access for evacuating the apartment in case of fire. (Transcript pg 8, Tab B) The Hearing Officer was apparently satisfied with Mr. McGrath's testimony that the property was a single family home, and not a rental unit, and did not pursue the matter further. It has been recently brought to our attention that health, safety and fire codes for rental units differ in significant respects from codes for single family homes. We strongly urge the City Council to explore this issue and to satisfy itself that the apartment is in fact in compliance with local and state fire codes applicable to rental property. Vi�ation #s 6 and 8-- Leaking roof and improperly insulated chimne� The final two items we want to call to your attention relate to the leaking roof in the front hallway and kitchen and the improperly sealed chimney in the laundry room. Mr. McGrath testified before the Legislative Hearing Officer that there was a"very minor amount of water damage" in the front hallway and kitchen ceilings. (Transcript pg 5, Tab B) In fact, he stated that the water damage "was so minor that it didn't require anything other than bin to take away the stain." (Transcript pg 5, Tab B) (See Tab G for pictures of the water �i� damage in the front hallway and kitchen ceilings taken on July 23, 1997.) We were very concerned about the water damage, and notified Mr. McGrath about it in 1996, because the water stains were directly around a recessed lighting fixture in the front hallway and near another light over the stove in the kitchen. Mr. McGrath never repaired the damage. On July l, 1997, during one of several storms that hit the Twin Cities, water poured through the recessed light and was so strong that it blew out the light bulb. Water was also dripping through the ceiling near the light over the stove_ The intensity of the water -- in particular the water leaking from the recessed light -- was so strong that we filmed it on video. We have a short segment of the video which we would like to show at the Council meeting on Wednesday. We notified McGrath Properties of the water damage on July 2. The leaking ceiling had not been repaired at the time the apartment was condemned on July 17. Finally, with regard to the last issue, the improperly sealed chimney, Mr. McGrath testified before the Legislative Hearing Officer that the area surrounding the chimney was an area "smaller than [his] £ist." Attached at Tab G is a photo of the chimney area in the laundry room taken on July 23, 1997. The photo speaks £or itself. The past few weeks since our apartment at 772 Lincoln Avenue was condemned have been emotionally, physically, and financially difficult for us. We have had to relocate with less than two weeks notice and put most of our household furnishings in storage. Most of all, we're extremely upset and distraught to know that we signed a lease in good faith to rent an apartment that was in dangerous condition according to the Department of Health and Safety, and never apparently should have been rented in the first place. We urge the City Council to stay the condemnation of the apartment at 772 Lincoln Avenue until the housing, building, fire, and zoning departments have inspected the apartment for compliance with local and state codes and ordinances applicable to rental property. ct�-[��? We will be attending the City Council meeting on Wednesday, August 13 and look forward to answering any questions you may have then. Thank you very much for your time and consideration. � ncere y� � 7 � �� -� ��a David Sigel and Valerie Blatnik-Sigel cc: Steve Schiller, City of St. Paul, Public Health Code Enforcement Programs Wendy Lane, City of St. Paul, Department of Zoning City of St. Paul, Department of Building Inspections, Permit Division � � CTtY OF SAWT PAUL Norm CoJeman, Mayo� SI+INT PAUI PUBUC HEALTH Nsd Xofrmt AiD.. MP.H.. Dinc+o� � y' � l r� 1 � CODE FJJi17RCEMFX! PROGRfMS67Z-291-T/�1 SSS Csdar SMtt Saau Pad AA' SSI01-I260 NOTICE OF CONDEMNATION AS UNFIT FOR HUMAN HABITATION AND ORDER TO VACATE July 16, 1997 Terry & Jane McCrrath 886 Jefferson Avenue St. Paul, MN 55102-28Q2 Deaz Sir or Madam: Terry 8t 7ane McGrath 772 Lincoln Avenue St. Paul, MN 55105 The City of Saint Paul; Public FIeaith, Code Enforcement Secaon has determined that the dwelling and premises at 772 Lincoln Avenue (Unit #2) is "Unfit for FIuman Habitation". In accorrlance with Saint Pau2 Legisladve Code, Chapter 34, Sectioa 23, the premises will be placazded on Ju�q 17, 1997 and ordered vacated no later than August 1, 1997. Your attention is called to the folIowing provisions of Section 34.23, S�bsection 6 entided, "Vacation of Stcucture ot Unit": "Any residential structure or residemiai unit which has been condemned or pIacarded as unfit for hnman habitation shall be vacated within the time set fo� in the glacard andlor order. It shatl be unlawful for any person to 2et to any person for human habitation anY structure or unit so condemned or placarded, and no persoa shall occupy the structure or unit after the date set forth in the piacard andlor notice." TffiS DWELLIl�IG SHAT.L NOT AGAIDI BE USED FOR HUMAN HABITATION LJNTII, WRLTTEN APPROVAI. IS SECURED FROM THE CTTY OF SAINT PAUL; PUBLIC HEALTH, CODE ENFORCEMENT SECTION. �► - ' . . �ln 1 �� 772 L'mcoln Avemie Jnly 16, 199? Page 2 prlmeipal Violat[on�: These deficiencics must be cosected before this condemnation and vacate order will be removed. 1. The sscoad floor unit is an unapproved unit. It does not conform to zoning restcictions. Action to increase from a singie family resident to a duplex mas demed in 1982 and has never been approved since. 2. The electrical system inside of Unit �/2. is in hazardous condition, and is not up w National Flectrical Code svaaadazds. The fiunace in Unit !12 is in hazardous condition and is not up to code. 4. There is no proper sepazation between tlte third floor and the second floor of this house. 5. The outside wood stairs and floor deck axe deteriorated. 6. The roof is leaking into the kitchen and front haliway. There is missing waiis and ceiling plaster in. the furnace room. g, Tb� ceiling around the insu]ated chimaey in the laundry room is not sealed properly. 9. The kitchen floor covezing is not secured. i0. The stove vent fan is not working. il. The bathroom vent fan is not working. OtLer wnlations: These deficiencies must be conected in order to bring this propeity imo compliance with the Saini Paul I.egi�lative Code. NONE LiSTED Authorization to reoccupy this�these dwelling unit(s) will not be given nntil it is dennonstrated r1�at all principal violations have been correcoed and tbat no new conditions exist which could constitute material endangerment or which threaten the peace, health, safety or aelfaze of the occupantc of tLis building. � r � _ �a �� 772 Lincoln Avenue July 16, 1997 Page 3 All repaix� and new instaliations must be znade in accordance with the appropriate codes. Peamit iaformation v�ay be obtained from the Building Inspection and Dtsign Section, 350 St� PeLes SaEet, Lowry Professional Bidg. �300, (612)266-9090. You may fiie aa appeal to tlxis notice by contacting the City Clerk's O�ce at 266-8989. Any appeal must be made within 10 days of the date of this notice. It is the respansibility of the property owner to keep all buildiags secured and w propetly maintain the premises at all rimes. If you have any questions concerning tbis matter, please contact the Inspector, STEVE SCHII.LER, between 8 :00 and 9:30 a.m. at (612)292-7971. incerely, � � Charles A. Votel program Slipervisor Public Health Code Enforcement Programs CAV:msg cc: Ramsey County Assessor's O�ce Public Housing Agency Housing Infoimation Office Community Stabilizatioa Project UHfi2-93 � � �°�� a �� N�ptE^ Cp:+? n Vp �m ��A� r,e+� ?' �o � � p � � 0 1.� � n m � O � n � w � � � N � • � m � H � � a � d � rb � � � � � � � C �U � � � 0 � 0 � � r � � � y � C � � � � � � � � � � h H � � x H O � � d 0 0 b o a � c o�c�� o d � Cz n O �''' � , �y � G �j C r.�.� r' O z C ro � � � � � � v x � � � H � �� ' z n � b � Z � � � � O � c`j c � -� � � � d �� F z�� n o z � � � � � � l'�A � :=� , a � � � Q � O � °� � � � t� ��z� �� ° � S � � � � � � \) l] 0 � a 9 p O O 2 � � � O ,�,� � � � m � 0 � O � O � � a � � � � � � c� d � x � � r � z n � � � � � x � - � � rn g z Q d � �, a�a , �) �+ 0 � � �, � O C � �.: O � � � d � � � x � 0 � � ` 0 � � 2 > � � � r,; c� i � S ►� •� ,� � � �7 � m r �� 3 �� b > 1 � 1 G � � � � � i� � � � � �„yinr' a>o�� i �� {t1AAl1� City of Saint Paul Public HeakL Cade Enforcemcnt Yrogams 292-�7�1 �� Any person affected by this Order to Vacate may file sn appeal at tLe Office of the City Clerk, Room 170 City HaWCourthoase, (612)256-8989. The cost to file an agpeal is S25•00 aad must iaciude a copy ot the letter of condemuation. 1'his letter is available at; Saint Paal Public Health Code Enforcemont Programs Ofiice Number 211 SSS Cedar Street Saint Paal, Minaesota 55101-2260 612) 292-7171 At the time an 9ppesl is filed, a hesring date be£ore the Legisiative Hearing Of�icer and the Saint Paul City Conncil wiU be scheduled. Th� Saint Yaul Legislative Code; Ch�pter 18, requires s11 appeals to be filed within ten(10) days after the date of the original notice. � F � � i �O � \ AUGUST 5, 1997 CONDEMNATION APPEALS HEARING FOR 772 LINCOLN AVENUE Legislative Officer Can we have you sign in please sir so we have your name? Thank you very much and your name sir is? Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative O�cer My name is Terry McGrath And you're the owner of this property? I didn't get your name. Jerry Strathmand. Stratmon? Pm the legislative hearing officer for the City Council. Yes. You filed an appeal to a condemnation order. You want to tell me about this? Terry McGrath The appeal is filed for the purposes of staying the condemnation order for the third floor of 772 Lincoln as being unfit for human habitation. Legislative Officer Terry McGrath Okay. In the principie violations, the -- it states in writing "the second floor unit is an unapproved unit." There is no second floor unit. It is -- it does not conform with zoning resri Action to increase from a single family dwelling -- single family residence to a duplex was denied in 1982. It has never been approved since. There was never an application to have it 1567167 1 � �l � - �° �� Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath 1567167 increased. There was, however, in 1982 a court case where the judge ordered that the stove be disconnected and that the occupancy could remain. As a single occupancy. As a single family home but the tenants that rented the space could stay there. The stove needed to be disconnected. With respect to item no. 2-- no. 2 states the electrical -- or the electrical system inside of unit no. 2 is hazardous condition and is not up to national electric code. I gave you the wrong one. This is plumbing. Yes. That's the heating and plumbing. I'm probably going to need this. Yes. Pll just hang on. There's a inspection report, it speaks for itself. Okay. Let me just be clear about one thing. There's a little confusion here. We're talking about unit no. 2 and we're talking about the third floor. How is this building configured? The first two floors are one unit and the third floor is the second unit? The first two floors aze -- well the house is one dwelling unit. There are occupants who live in the third floor of the space -- 2 V oE� �o�� Legislative Officer Terry McGrath Legislative Officer the third and the fourth floor. Third and the fourth floor. Right. But the entire dwelling is one. Terry McGrath Is a singie family home. Legislative Officer Single family home. Okay. What I'm confused about and perhaps we'll get this straight here in a second. When the inspector's making reference to unit no. 2, do you know what he's talking about? Terry McGrath Well, Pm only assuming Legislative Officer Well, again Terry McGrath he's talking about the third floor. We can ascertain that from Legislative Officer Terry McGrath Legislative Officer Terry McGrath him. Okay. But in your view, this is not two units. This is one unit. Right. Okay. The number 3 item -- the furnace in unit no. 2 is in hazazdous condition and is not up to code. I think the inspection report from the mechanical contractor deals with that. Legislative Officer Again Pm confused and perhaps I'm not asking the right person but there's two fiunaces in this building? Terry McGrath There aze three heating units in this building. 1567167 3 � �1 � - � Legislative Officer Okay. So Terry McGrath Two, two that take caze of the first and second floor. There is one that takes caze of the third and fourth floor and it is on the third floor. Legisiative Officer Terry McGrath Legisiative Officer So there's one probably in the basement that does the first two floors. Two in the basement. And there's one on the third floor that does the third and fourth floor. Terry McGrath Right Legislative Officer Okay. Terry McGrath And the letter from the mechanical contractor deals with no. 3. No. 4-- there's improper separation between the third and second floor of this house. There's never been --I have no idea knowing what they would call proper sepazation. The -- Legislative Officer We'll find out later. Terry McGrath Legislative Officer Yea. The outside wood stairs are in deteriorated condition which is not irue. Okay. Terry McGrath The roof is leaking into the kitchen and front hall way and in the storm on the i st of July, a tree branch came down and ended up landing on the roof, putting a small hole neaz a valley where it 1567367 4 �1 _ ��i� did create -- by the chimney -- it did create some minor amount of water damage. That, of course, has been fixed and the very minor amount of water damage along the chimney and in the valley azea has been painted. It was so minor that it didn't require anything other than bin to take away the stain. Didn't require any re-sheetrocking or even fixing up any sheetrock. There is missing walls and plaster in the furnace room and this does not constitute a health hazard and to accommodate the inspecting body when I talked with him about it, we did have -- in the furnace room -- smaller -- where you stand — the fumace room is smaller than the top of this tabie. We did have that sheetrocked to accommodate him even though it was a no violation of the codes. 7 or 6-- the roof is leaking. That was taken care of. Furnace room 7-- we dealt with that. The ceiling around the insulated chimney in the laundry room is not sealed properly. Again, this is a triple metal bestos ceiling flew liner and it had an area smaller than my fist that was not -- the patching and everything was not sealed up tight and that, of course, was done. That doesn't again constitute any code violations. The kitchen floor covering is not secured. This is relatively new kitchen floor that was put in a couple of yeazs ago. It -- where it abuts a brick chimney, there was no quarter- isenc� 5 ', a�l - �° �� Legislative Officer Terry McCrrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Steve Schiller 1567I67 round or molding and it just very slightly lifting there and so we had three feet of quarter- round molding nailed down. It wasn't The stove vent is not working. That is dealt with the inspection of Mr. Kirkland, master electrician, in the letter. And the no. 11 is the bathroom vent fan is not working. That also is dealt with. Okay. All 11 of these here specific violations -- none of them constitutes health hazard -- There, there are two codes invol� here, sir though, One of them is indeed the health and safety code but also the City of St. Paul has a property maintenance code which does include requirements that are not necessarily health and safety related but The safety -- health and safety gives them condemnation rights - - the other doesn't give them condemnation rights. Let me here a little bit from the inspectors and we'll come back to you. All right. Have you been there recently? I was there yesterday morning to G �f'?- f�� Legislative Officer (?) Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller ThaYs recent to see if the placards were still up and if the tenants had moved. The previous tenants had moved out and the placazds were still up on the property and I inspected the outside deck area and had a look at an outside outlet that now had a plastic cover box on it. Electric outlet. But you didn't do an internal inspection. � The -- A--I'm -- A-- The -- A-- Could you -- I'm a little confused about the order to -- condemnation orders unfit to habitat. None of these violations -- even if they had not been repaired -- normally rise to the level of condemnation. Is it because of the occupancy or what's? Occupancy is listed as no. 1 because iYs an issue, as I understand it, that hasn't been resolved since 1981 or possibly 1982. The electrical system when I was there -- there were quite a few problems with it -- I have no idea what report you have there in front of you or when that report was done. Let's take a moment and read them over. Okay. The only thing I can say far both of these is that there -- leYs see -- the electrical system we have the report dated August 5 and I did the inspection on July 16 for both of these things and tse�te> > 7 a? -(a �� Legislative Officer Terry McGrath Steve Schiller Legislative Officer Steve Schiller the other one was for the plumbing was done on August 4. So there was a nuxnber of days that the owner was awaze that there were problems in the electrical system and in the heating system and repairs might have been made prior to these licensed contractors coming in and there's no way I have of knowing what was done or not done. ThaYs fine. But however iYs repaired. Those wou(d indicate that is no longer a problem. I would only like to indicate for the record that it states the date that the inspections took place aze not August 4 or 5. Those aze the dates the letters were written. The dates of the inspections were the 22nd and the 27th. The 27th and the 22nd are still 10 days and a few more of that from July 16. But it really doesn't matter. The point is -- if we have letter from licensed people saying iYs in compliance then -- whether it was or whether it wasn't doesn't matter -- apparently currently is and that's the issue. What about the other items on here that a -- I'm confused about no. 4. No proper separation. Okay. There is only a curtain between the second floor and the third floor that separates them. There is no door there and there is no fire access second way off the third floor of this unit. 1567167 g '� �1��°�� Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Terry McGrath Legislative Officer What we have here -- trying to get to the core of this issue and iYs not real easy -- is iYs your view that this is a duplex essentially. That's correct. And that half of iYs being rented out and half of it is owner occupied. Is that right. Conect And, sir, iYs your view that it's not a duplex. It's a single family dweiling? It is a single family dwelling. And there is a door separating the third floor. At the top -- at the bottom of the stairs is a door and the top of the stairs because the person who Iives there chose to put up a curtain there is a curtain going across there because he didn't want, guests or anybody who came in to look at some boxes and stuff he had stored on a little shelf he built along the stairway area. Um, well, I'll tell you in I'd like to hear from you any more about this -- but I'm having -- given the information that we know have, here today, whatever the situation might have been on July 16, Pm having a hard time seeing a basis for a condemnation unfit for human habitation. Is there something I'm missing? 1567167 1 9 �7 -�°�� Steve Schiiler Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller Terry '_�IcGrath Steve Schiller Well, first of all, you have a zoning violation. You have missing cover plates inside on your electrical system and outside on your electricai system. You have fans that don't work in the bathroom and on the stove. Don't we have a letter from an electrical contractor saying that those have been repaired? But, I-- he has not sent me these letters. But we have them now. This is the first time that I've seen them. So I can only go by what I saw on the site. Okay. I wasn't notified that another inspector was coming in and so I have no idea what was repaired in the meantime. So there were violations in the electrical system, in the heating system, in the chimneys at that particular unit no. 2. What specifically are these violations? Because we didn't hire anybody to come in to do any correcting of the violations. You can see the inspector -- it was placard on the 18th. Was that correct? And with respect to the plumbing inspector inspected the premises on the 22nd. The decision on when a building is placard is up to my supervisor, Charles Lotell. It's not my decision. ubne� 10 � �r�-(ol� Terry McCrrath Steve Schiller Terry McGrath Legislative Officer I understand but that's -- that was the first time that I knew anything about this when the placard was -- Well I don't know that because I have July 2letter here that was f�ed to me by the previous inspector -- previous tenants that lived in unit 2 dated July 2 listing four items that still hadn't been corrected. Would you read no. 2. Wait -- we need -- just a second -- we're -- this is not getting us where we need to go. I'm very concemed about whether there was or wasn't basis for condemnation. The issue I'm concerned is there now or is there not now basis for condemnation. Based on the appellant's representation, it would seem that there is no longer, if there ever was, a basis for condemnation. What we need and he's provided some evidence that would suggest that if there were problems they've been corrected. It seems to me that whaYs in order here is a second inspection to determine whether there is today a basis for condemnation order and because the appellanPs representing to us that the situation has dramatically changed or whatever. So it seems to me that the way to proceed with this is to have another inspection and if that inspection identifies hazazds that would make it dangerous to occupy then we should deal with that. But I must say that if, -- if what the j IS67167 1 1 �� _ �a t� Steve Schiller Legislative Officer Steve Schilier Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Wendy Lane Legislative Officer appellant is representing is true then it doesn't seem to me that there is a basis for condemnation order. Yes. Well then how do we address the issue of what the zoning is in that particulaz neighborhood? I'm not -- I don't pretend to be an expert on zoning but it doesn't seem to me that condemnation is the normal first course when there's a zoning violation. It wasn't the only tlung that was listed. I know that but if -- But it's an issue that I have to figure out. It's -- I've listed it in my paperwork. My supervisor has okayed it as part of this letter that went out to the owner. I understand. Now how do I address it when every indication is from records from the leap section in St. Paul that the zoning issue has not been dealt with? Well, let me taik to somebody who knows an expert on zoning here but I've heard a fair amount of zoning disputes but I don't remember properties being condemned and people being evicted because something's not zoned properly. If I could address that Please. 156716i I12 �'l'1 La l 7 Wendy Lane Legislative Officer Wendy Lane Legislative Officer Terry McGrath Steve Schiiler Terry McGrath Legislative Officer Legislative Officer I'm Wendy Lane with the -- the zoning manager with the Office of Licensing and Inspections. We don't have any condemnation authority under the zoning ordinance. But on the other hand, I would hate to have one section of the City teil a property owner that it's okay to have a second unit when another section of the City has cleazly made -- has cleazly said that a second unit is not allowed heaz. Yeah. I'm not -- I'm not suggesting that that if this is improperly -- if this is a zoning violation -- either it is or it isn't and there's a form for dealing with that. But it doesn't seem to me that a condemnation order is the normal way that one deals with a zoning problem. Isn't that. ThaYs conect. That's an accurate situation. Well, I am concerned about verification that the changes that you need to be -- have been made -- have in fact been made. This -- Rumor -- Video ofthe issues Well okay but I don't know if it's going to help me. VIEWING VIDEO Is this going to take long? 1i6716'l 13 �•� _ f�f� Terry McGrath Legislative Officer Terry McGrath Legislative Officer Steve Schiller Terry McGrath Steve Schiller Legislative Officer Steve Schiller 1567167 � No. About three minutes. MUMBLING DURING VIDEO Okay. Well that's enough. I'm -- Based upon the information thaYs been provided from the contractors with respect to the mechanical systems, the plumbing systems, and the electrical systems, I can't support the finding that this building is unfit for huxnan habitation and therefore I'm going to recommend to the City Council that the appeal of this order of condemnation be granted. The matter will be before the City Councii for final verification or ratification a week from tomorrow at 4:30 in the afternoon. And I would encourage the interested parties to be there but I'm going to recommend to them that the appeal be granted. Thank you. Yes. Since you know, I have no idea what was on the video or not on the video. You can look at it if you wish. I would like to submit at least copies of the files -- the partial file that is at the leap section in regards to point no. 1. Right. I understand. And to have you review them before you make your final 14 ��- �al� Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller Terry McGrath Legislative Officer decision. Well, I've made my final decision. But I would certainly present it to the City Council next week. Okay. I would stiil like them entered for the record. I can't enter it now. Sure. We'll take it. Okay. IYIl go into the file and it'll go on to the City Counciimembers. Okay. Thank you. You're welcome. 1567167 1 I S Or`�c��'t�q` MCGRATH PROPERTIES 8777EFFERSONAVENUE ST. PAUL, MN 55102 612-22I-0261 X ONE YEAR LEASE AGREEMENT LEASEE: DAVID A. SIGEL AND VALERIE G. BLATNIK RESIDENT (S): ADDITIONAL OCCLIPANT (S): NONE PROPERTY ADDRESS: TI� THIRD FLOOR APART'MENT OP 772 LINCOLN AVENUE, ST. PAUL MN RENTlMONTH $895.00 ('�'� - � SECURITY/DAMAGE/CLEANING DEPOSIT - $895.00 STARTING DATE: 6-I-95 ENDING DATE: 5-31-96 NOTICE FERIOD 60 IIAYS UTILITIES INCLUDED IN RENT: UTILITIES PAID BY RESIDENT X WATER X RUBBISH REMOVAL X ELECTRiCITY X GAS Owner and resident agree to the terms oC this agreement and any attachments that may be made a part of this agreement on this 13TH day of API2II,. 1995 � � 1� i 1 L-` � DATED: 3 TERMS OF THIS AGREEMENT •I 7��IIY 1. PAYMENT: Resident will pay owner the full MONTHLY RENT on or beCore the first day oC each monUt during the term of this lease. Resident wili make his check payable to "McGrath Properties." 2. RENT AFTER EVICTION: [f resident is evicted for violating this agreement, Resident mnst still pay the monthly rent until the earlier of: (I) the date owner re-rents the apartment, (ti) the ending date, or (III) the date the next notice period ends. 3. RENT INCREASES: The monthly rent may be increased as provided in paragraphs li and 16 of this agreement. �,� _ �o �� 4. LATE PAYMENT AND RETURNED CHECK CHARGES: Resident wili pay owner an additional 25.00 if resident has not paid the full monthly rent by the Sth day of [he month. Resident c�ill pay owner a fee of $I5.00 for each of residenPs checks that are remrned to owner unpaid. USE OF Tf� APARTMENT 5. OCCUPANCY AND USE: Only resideni and the addiuonal occupants listed above may live in the aparfinent. No other persons may live in the apartment un[il resident has received ow•ner's written consent. Resident will use the apartment only for residential purposes; Resident will not operate a day care center or engage in other business activity in the apartment. 6. SUBLETTING: Residents may not lease the apartment to other persons (subleq, or assign or sell this agreement, without owner's prior written consent. 7. PETS AND WATERBEDS: Resident will not keep pets or animals of any kind or waterbeds or any othe� waterfilled fumiture, in the apartment without owner's written consenL Resident will comply wit� any size, quantity, ins�'uance or other requirement owner may impose as a condition of giving owner's consent. *SEE PARAGRAPH 27. 8. RESIDENT, OCCUPANCY AND GLIEST CONDUCT: Resident, the additiona( occupants and residenYs guests: (I) will not act in a loud, boisterous, ucuuly or other manner which dis[urbs the rights of other resident, cecupants and their guests to peace and quiet: (II) will not use the apartinent in any illegal or dangerous activity, (III) will not interfere in owner's management and operation of the properry; and (I� will comply with ali policies and procedures owner estabtishes from lime to time. CONDITION OF APARTMENT 9. OWNER'S RESPONSIBILITY: Owner will (I) keep the apartment and all common areas of the PROPERTY fit for residential use: {II) make all necessary repairs to the apartment �vithin a reasonable time after resident's written request unless the damage was caused by intentional or negligent conduct by resident, the additional occupants or residenPs guest: and (III) keep the common areas clean and in good condition. 10. RESIDENT'S RESPONSIBILITY: Resident, the additional occupants, and resident's guests: (I) will not damage or misuse the apartment or waste any utiliry ownar provides: (II) will not pain[, wall paper, decorate or structurally alter the apartment without owner's prior written consent: (III) will keep the apartment clean: (I� will give owner wri[ten notice of all necessary repairs; (V) will inform owner when resident leams of any condition which is dangerous, unsafe or which may damage the apartment or waste utilifles owner provides; (VI) will leave the apartment in good condition, other than ordinary wear and tear, when resident move from the apartme�t: and (VII) will not remove any furnishings or 6x[ures owner supplied without owner's prior written consent. 11. SUBSTANTIAL DAMAGE OR DESTRUCTION OF APARTIvfENT: IP the apartment or property is destroyed or damaged such that the apartment is unfit to live in, owner may cancel this agreement and is not required to rebuild or restore the apartment [f resident, the additional occupants and residenPs guests did not cause the desiruction or damage and owner chooses !o cancel this agreement, any rent resident has paid in ach�ance will be prorated, and the part for the canceled period will be refunded to resident. SECURITY/DAMAGE/CLEANRQG DEPOSIT 12. RESIDENT'S RESPONSIBILITY: Residen[ wilL' (I) deposit with owner the amount of the SECURIT'Y(DA1�IAGE/CLEANING DEPOSIT; (tI)give owner proper notice of residenPs moving from the apartment at least SIXTY (60) DAYS in advance of the date that the resident moves: (Ill) give owner residenYs new mailing address or other instructions for retum of the SECLJRITY/DAMAGE/CLEANING DEPOSIT before residen[ moves: (I� follow owner's written cleaning instructions (Exhibit A attached). remove and dispose of ail rpbbish and debris. and retum to owner all apartment, security door, garage and mailbox keys before resident moves: (� pay o�vner s cost in repairing or cleaning any damage or conditions beyond ordinary wear and tear, o�vner s costs in rekeying locks for keys resideni has not retumed, and for any unpaid renL Resident tmderstands that the SECURITY/DAMAGE/CLEANING DEPOSIT is not in lieu of the last payment oC residents MONTHLY RENT, and that owner's damages may be greater than the amount of the SECURITY/DAMAGE/CLEANING DEPOSIT. IF FOR ANY REASON THE TERMS OF THIS LEASE ARE NOT FULFILLED THROUGH IT'S TERM, YOUR DEPOSIT SEIALL NOT BE REFUNDABLE. 13. OWNER'S RESPONSIBILITY: Owner will (I) receive the SECURITY/DAMAGE/CLEADIING DEPOSIT and Lold it to secure resident's performance of this agreement; (II) caiculate interest at the rate and in mannez required by Minnesota law: (III) give resident written cleaning instrucuons after resident has given owner notice that resident will be moving from the apartmenY. (Exhibit A attached) (I� deduct from [he SECURITY/DAMAGElCLEANING DEPOSIT and any interest eamed, owner's costs as described in paragraph 12, section (�; and mail to residen[ [he balance of the SECURITY/DAMAGE/CLEANING DEPOSIT and interest, if applicable, with a written slatement oF the amounts and reasons for any deductions, within tluee weeks aRer ihe later oC the time resident moves from the apartment or gives owner resident's new mailing address and instructions for ce[urn of the SECIJRITY/DAMAGE/CLEANING DEPOSIT_ Refunds may not be picked up at the management office. D[JRATION OF AGREEMENT 14. FAII,URE TO GIVE POSSESSION: If owner cannot make the apartment available to resident on the STARTING DATE, Resident cannot sue owner for any resulting expense. Resident will not have to pay rent for the days the apartment is not available to resident. Lack of repainting or shampooing of cacpets dces not make the apartment unavailable. I5. T'ERMINATION OF TF� LEASE WITH AN ENDING DATE: If this agreement is a lease with an ending date and the resident wishes to move out of the apartment on the ending date, resident must give ownec written notice AT LEAST S1XTY (60) DAYS BEFORE JUNE 1, 1996. If resident daes not give owner the notice, or if resident stays in the apartmen[ after the ending date and the owner and residen[ have not renewed this agreement or entered into a new agreement, this agreement is estended under its original terms except: (I) the durafion shall be changed to month to month (60) da}� agreement ; and (II) owner may raise the rent. 16. LEASE HOLDOVER TO MONTH TO MONTEI TENANCE: If for any reason this [enant afler the expiration of this lease holds over and has not moved, this tenancy becomes month to month and the monthly rent, LJNLESS OTf�RWISE AGREED TO IN WRITING, becomes twice the monthly payment under this erisYing year lease. 17. MOVING OUT ON TERMINATION: Resident will move out of [he apartment not Iater [han 12:00 noon on [he date this agreement ends. Resident will be liable to owner (or ren[, wurt costs, owner's attorney's fees and other costs, if resident moves out a(ier 12:00 noon the date this agreement ends. Resident agrees to leave entire apartment clean upon termination of the lease. A$SOAO cleaning Pee will be assessed for each uncleaned appliance. OWNER'S AND RESIDENT'S RIGHTS AND LIABILITIES 18. EVICTION: Resident may be evicted immediately and without prior notice if resident viotates any terms of this agreement. Owner may bring an eviction action if resident does not move out ��-�°�� voluntarily. If owner dces no[ immediately sue or evict resident after resident riolates a term oC this agreement, owner still may sue or ecict resident for that or any other viola[ion at a later time. 19. OWNER'S LEGAL RIGHTS AND REMEDIES: If owner brings any legal action against resident, resident must pay ownei s ac[ual attomey's fees and court costs ecen if resident corrects the reason which caused the owner to bring the legal action. Owner may use owner's legal rights and remedies in any combination without giving up any legal rights or remedies owner does not use. Z0. OWNER'S RIGFTT TO ENTER Tf� APART[vfENT: Owner and owner's authorized agents may enter ihe apazunent at any reasonabie time to inspect, improve, maintain or repair tlie apartment, or show the apartment to potential new residents or buyers of the property. 21. AGREEMENT IS SUBJECT TO MORTGAGE: Owner may subjec[ to the property to a mortgage or contract for deed. resident agrees that the rights of holders of any present or future mortgage or contract for deed will be superior to resident's rigMs under this agreement and resident agrees to sign a statement to that e$'ect upon request This may permit the holder to forectose the mortgage or cancel the contract for deed and terminate resident's lease. 22. INJtJItY OR DAMAGE TO RESIDENT OR RESIDENT'S PROPERTY: Owner is not responsible fo� any injury or damage to resident, the additional occupants, resident's guests or their properry unless willfully caused by owner. Owner has advised resident to obtain renter's insurance to pro[ect against such losses. Owner is not responsible for the acts of or for any damage, injury or haan caused by residents, ffieir guests. inwders, trespassers or other persons or causes not under owner's con[rol. 23. MISLEADING REN'I'AL APPLICATION: Resident has been required to submi[ a written renYal application to owner. Owner has relied on [hat application and resident's oral statement in deciding to sign tfus agreement. Any oral or written statement which is not true or complete is a violation of this agreement which permits owner to evict resident. 24. NOTICES: Resident agrees that any single notice or demand delivered to the apartment is proper notice to all residents. Residents may deliver all notices or demands to and serve any process on owner by delivering it to or serving it on McGrath Properties at its address on Page l. of this agreement. 25. THIS LEASE IS SUBJECT TO APPROVAL BY MCGRATH PROPERTIES. 26. EXHIBIT A—CLEANING INSIRUCTIONS--IS A PART OF THIS LEASE. 27. David Sigel and Valerie Blatnik may keep their dog and cat in the unit provided the animal is quiet and dces not dislurb the other residents of the buiiding. The animals may not be in the common areas of the building or grounds without being leased. My messes left by the animals on the grounds must be cleaned up immediately. Under these condifions, David Sigel and Valerie Blatnik may keep their dog and catin the uni[. If the above criteria is not met, the dog or cat must be removed from [he premises immediately. Agreed ro this 13th April, 1995. p�eg�� Resident /W ( ��_ (013 . ,�: . CLEANING INSTRUCTIONS FOR VACATING PROPERTY Tenant will vacuum and shampoo all carpe[ing if unit is cazpeted. Tenant will vacuum and damp w�pe out all shelves, cupboards, drawers and chests Tenant will wash all floors, insides of windows, window silis, counter surfaces, and sinks. Tenant will wash and scrub lavatory, sink, and shower. Ali appliances must be scrubbed and washed. Be sure to clean oven, oven racks, broiler pan, oven drawer, drip pans, bumer rings, range hood, filter, and outside of stove. Refrigerator shelves, crisper, tra�s and outside of refrigerator mus[ be cleaned. Freezer compartment must be defrosted and cleaned, ice trays intact. The stove and refrigerator must be pulled out and cleaned underneaih. (Be careful of the vinyl floor coverings; if not done proper[y. you could gouge the flooringJ Tenant will clean all other appliances in the unit; inside and out, including dishwasher, washer and dryer. Any cleaning charges are fignred at a 515.00 an hour rate, and any damages are charged at a repair/replacement cost. A$50.00 charge wiil be assessed for each uncleaned appliance. Tenant will haul away all unwanted furnishings. Discarded furnishings will not be left at the dumpster. Tenan[ will replace all missing and burned out lamps. t � C12,q�vu�� lf Z ► MCGRATH PROPERTIES 877JEFFERSON AVENUE ST. PAUL, MN 55102 612-221-0261 X ELEVEN MONTH LEASE AGREEMENT LEASEE: DAVID A. SIGEL AND VALERIE G. BLATNLK SIGEL ADDITIONAL OCCUPANT (S) NONE • PROPERTY ADDRESS THE THIRD FLOOR APARTMENT OF 772 LINCOLN AVE.. ST. PAUL. MN 55105 RENT/MONTH 925.00 SECURI'I'P/DAMAGE/CLEANING DEPOSIT $895.00 STARTING DATE 6-I-96 ENDING DATE 4-3I-97 UTILITIES INCLUDED IN RENT UTILIT[ES PA[D BY RESIDENT WATER X ELECTRIC[TY X NOTICE PERIOD 60 DAYS RUBBISFI REMOVAL X TELEPHONE X GAS X �(� „ �O �� Owner and resident agree to the terms of this agreement and any attachments that may be made a part of this agreement on the � day of M 1996. �s'� q �rN�.• � 9 1 �I � OWI�R RESIDEN� /] 1' BY: �(, ` BY: �. �J BY: _ga1� DATED; A�,c� L �. / �Y �ll RENT DATED: �C�]:iu�ZiT�I_[eT3xxul�l.YY � a l '� �i 1. PAYMENT: Resident witl pay owner the fult MONTHLY RENT on or before the first day of each month during the term of this lease. Resident will make hislher check payable to "McGrath Properties." 2. RENT AFTER EV[CTION: If resident is evicted for violating this agreement, Resident must still pay the monthly rent until the eazlier of: (I) the date owner re-rents the apartment, (II) the ending date, or (tll) the date the next notice period ends. 3. RENT INCREASES: The monthly rent may be increased as provided in paragraphs 16. and 17. of this agreement. 4. I,ATE PAYMENT AND RETt1RNED CHECK CHARGES: Resident wil( pay owner an additional 535.00 if resident haz not paid the fu(1 monthty rent by the Sth of the month. Resident will pay owner a fee of $25.00 for each of residenPs check that are remmed to owner unpaid. If any unpaid check is retumed to the owner after the Sth day of the month, both the Iate fee and unpaid check fee will apply. PAGE 1. LEASE DATED MARCH 22, 1996 USE OF APARTMENT 5. OCCUPANCY AND USE: Only resident and [he additional occupants listed above may live in [he apattmeni. No other pe�sons may live in [he apartment until resident has received owners written consent. Resident will use the apartment only for residen[ial purposes. Resident wi(I not operate a day care center in the apartment. 6. SUBLETTING: Residents may sub lease the apartment to other persons (sublet, with owner s prior written consent.) SEE PARAGRAPH l3, SUB SECTIONS A AND B FOR TERDIS AND REQUIREMENTS. 7. PETS AND WATERBEDS: Resident will not keep pets or animals of any kind or waterbeds or any other water-filled furniture in the apartment without owner's written consent. SEE PARAGRAPH 29. 8. RESIDENT, OCCUPANCY AND GUEST CONDUCT: Resident, the additional occupants and residen['s guesis: (1) will not ac[ in a Ioud, bois[erous, unruly or o[her manner which disturbs [he rights of other residencs, occupants and their guests to peace and quiet: (I I) will not use the apartment in any illegal or ciangerous ac(ivity, ([li) will not in[erfere in owner's management and operation of the property; and (IV) will comply with ali polic�es and procedures owner establishes from time to time. CONDITION OF APARTMENT 9. OWNER'S RESPONSIBILITY: Owner wilL (i) keep [he apartment and all common areas of the property fit for residential use: QI) make all necessary repairs to the apartment within a reasonable time after residenYs written request unless the damage was caused by intentional or negligent conduct by resident, the additonal occupants or residenYs guests: and QII) keep the common areas cleaned and in good condition, and keep sidewalks ciear of ice and snow. 10. RESIDENTS RESPONSBILII'Y: Resident, the additional occupants, and residenPs guests: (I) will not damage or misuse the apartment or waste any utility owner provides: (II) will not paint, waii paper, or s[ructuraliy alter the apartment without owner's prior written consent (!11) will keep the apartment clean: (IV) will give owner written notice of all necessary repairs (V) will inform owner when resident leams of any condition which is dangerous, unsafe or which may damage the apartment or waste utilities owner provides: (VI) will (eave the apartment in good condition, other than ordinary wear and tear, when resident moves from the apartment: and (VII) will not remove any fumishings or fixmres owner supplied without owner's prior written consent. 1 t. SUBSTANTLAL DAMAGE OR DESTRUCTION OF APARTMEN"I': If the apartment or property is destroyed or damaged such that the apartment is unfit to tive in, owner may cancel this agreement and is not required to rebuild or restore the apartment. If resident, the additional occupants and residenPs guests did not cause the destruction or damage and owner chooses to cancet this agreement, any rent resident has paid in advance will be prorated, and the part for die canceted period will be refunded to resident. SECURITY/DAMAGE%CLEANING DEPOSIT 12. RESIDENTS RESPONSBILITY: Resident wilL p) deposit with owner the amount of the DEPOSIT; (II) give owner proper notice of residenCs moving from the apartment at least SIXTY (60) DAYS in advance of the date that the resident moves: (llI) give owner residenPs new mailing address or other instructions for retum of the DEPOSIT before resident moves: (IV) follow owner s written cleaning instructions (Eshibit A attached) remove and dispose of all rubbish and debris, and retum to owner alI PAGE 2. LEASE DATED MARCH 22, 1996 ��o« aparhnent, security door. garage and maiibox keys before resident mo��es: (V) pay owner's cost in repairing or cleaning any damage or conditions beyond ordinary wear and tear, owner s costs in rekeying locks for keys resident has not returned, and for any mipaid rent. Resident understands tha[ the DEPOSIT is not in lieu of the last payment of residen[s MONTHLY RENT, and that owners damages may be greater that (he amount of the DEPQSIT. IT IS HEREIN AGREED TO THAT [F FOR AIVY REASON ALL THE TERMS OF THIS LEASE ARE NOT FULFILLED THROUGH IT'S TERM, IF BROKEN FOR CAUSE, CANCELED OR DEFAULTED ON, L[QUIDATED DAMAGF,S PARAGRAPH 27. APPLY. 13. Terms of Lease—If Lessee for any reason wishes to move before the term of their lease and be released from any additional obligations, the following options are available. a. I.essee may be allowed to sub let with written approval of McGrath Properties. Lessee will be required to double their deposit with McGrath Properties for this sub lease and the new sub leasee shali also be required to place a deposit with McGrath Properties equal to one months rent Sub lease document will be provided by McCrath Properties. Lessee will be completely responsible for any and all damage caused by sub leasee, and continue to pay rent on time H•hether sub leasee pays lessee on time or not. At the completion of this term of this lease, lessee will be refunded the deposit less any damages. OR b. Lessee may be allowed to secure an equivalent and acceptabie replacement tenant at their own expense to fulfill the terms of their lease thereby eliminating risk of loss of re�t by lessor. The approval of replacemen[ lessee by McGrath Properties is required before current lease is deemed null and void. McGrath Properties will dutifully attempt to mitigate any damages with regard to this lease. The lessees deposit will by kept as liquidated damages. (See Paragraph 27.) l4. OWNER'S RESPONSIBIL[TY: Owner will: (I) receive the UEPOS[T and hold it to secure residenPs performaace of this agreement; (II) calculate interest at the rate and in manner required by Minnesota law; (1[[) give resident written cleaning instructions after resident has given owner notice that resident will be moving from the apartment: (Exhibit A attached); (IV) deduct from the DEPOS[T and any interest earned, owners costs as described in paragraph 12, section (V); and maii to resident the balance of the DEPOSIT and interest, if applicable, with a written statement of the amounts and reasons for any deductions, within three weeks after the later of the time resident moves from the apartment or gives owner residenYs new mailing address and instructions for retum of the DEPOSIT. Refimds may not be picked up at the management office. DURATION OF AGREEMENT 15. FAILURE TO GIVE POSSESSION: If owner cannot make the apartment available to residen[ on the STARTING DATE, Residen[ cannot sue owner for any resulting expense. Resident wili not have to pay rent for the days the apartment is not available to resident. Lack of repainting or shampooing of' carpets does not make the apartment unavailable. ib. TERMINATfON OF THE LEASE WITH AN END[NG DATE: if this agreement is a Iease with an ending date and the resident wishes to move out of the apartment on the ending date, resident must give owner at least Sixtv (60) davs written notice, (on or before APRIL 1, 1497). [f resident does not give owner the notice, or if resident stays in the apartment after the ending date and Hie owner and resident have not renewed this agreement or entered into a new agreement, this agreement is extended under its original terms except: (I) the duration shall be changed to month to month (60) dav agreement; and (11) owner may raise the rent (SEE PARAGRAPH 17). PAGE 3. LEASE DATED MARCH 22, 1996 c�� - (o l� 17. LEASE HOLDOVER TO MONTH TO MONTN TENANCY: fE for any reasou this renant aRer the expira[ion of this lease holds over and haz not moved, [his tenancy becomes month to month and the monthly rent becomes twice the monthly payment under this existing yearly lease. 18. MOVING OUT ON TERMINATION: Resident will move out of the apartment no later than 12:00 noon on the date this agreement ends. Resident will be liabie to owner for rent, court costs, owner s attomey's fees and other costs, if residen[ moves out after I2:00 noon the da[e this agreement ends. Residen[ agrees [o leave entire aparUnent clean upon termination of the lease. a$75.00 cleaning fee witl be assessed for each uncleaned appliance. OWNER'S AND RESIDENTS RIGHTS AND LIABILITIES 19. EVICTION: Resident may be evicted immediately and wiThout prior notice if resident violates any terms of this agreement. Owner may bring an eviction action if resident does not move out voluntarily. [f owner does not immedia[ely sue or evict resident after resident violates a term of this agreement, owner still may sue or evict resident for that or any other violation at a later time. 20. OWNER'S LEGAL RIGNTS AND REMEDIES: If owner brings any legal action against resident, resident must pay owner s actuai attorney's fees and court cos[s even if residen[ correcis the reason which caused the owner to bring legal action. Owner may use owners legal rights anA remedies in any combination without giving up any legal rights or remedies owner does not use. 21. OWNER'S RIGHT TO ENTER THE APARTMENT: Owner and owners authorized agents may enter the apartment at any reasonable time to inspect, improve, maintain or repair the apartment, or show the apartment to potential new residents or buyers of tlie property. 22. AGREEMEN7' IS SUBIECT TO MOR7GAGE: Owner may subject the property to a mortgage or contract for deed. Resident agrees that the rights of holders of any present or future mortgage or contract for deed will be superior to residenYs rights under this agreement, and resident agrees to sign a statement to that effect upon request. This may pertnit the hulder to foreclose the mortgage or cancel the contract for deed and terminate residenPs lease. 23. INJURY OR DAMAGE TO RESIDENT OR RESIDENTS PROPERTY: Owner is not responsible for any injury or dama�e to resident, the additional occupants, resident's guests or their property unless willfu(ly caused by owner. Owner has advised resident to obtain renter's insurance to protect against such losses. Owner is not responsible for the acts of or for any damase, injury or hann caused by residents, their guests, intruders, trespassers or other persons or causes not under owner s controi. 24. MISLEADING RENTAL APPC,ICATION: Resident has been required to ;ubmit a�vritten rental application to owner. Owner has relied on that application and resident's oral statement in deciding to sign this agreement. Any oral or written statement which is not true or complete is a violation of this agreement which permits owner to evict resident. 25. NOTICES: Resident agrees that any single notice or demand delivered to the apartment is proper notice to all residents. Residents may deliver ali notices or demands to and serve any process on owner by delivering it to or serving it ort McGraih Properties at iPs address on Page I. of this agreement. 26. TH(S LEASE IS OFFERED IN'I'HIS FORM AND IS NOT AN AGREEMENT UNTIL SIGNED BY MCGRATH PROPERTIES. 27. 1. LIQUIDATED DAMAGES: At the time of entering into this lease, it is agreed by and behveen [he parties that there will be damages to the lessor for advertising, showing and preparing the property for release. Since these exact damages are unknown at the time of entering into this lease, it is hereb} agreed by and between the parties that as and for these damages, the lessee shall pay in tiquidated damages the sum cif $925.00 Dollars. ' PAGE 4. LEASE llATED MARCH 22, 1996 °(�-L�l� 11. TRANSFER EXCEPTION: If the tenants or one of them were to receive a written job transfer notice from his/her employer requiring relocation in a city or siate other than St. Paul, MN, and said relocation is accepted by the tenan[s, then the written notice of in[ent to vacate together with a copy of the relocation notice delivered [o [he owner before the time of the next rent due da[e shall be effective 60 days after that rent due date and shall end the obligation to pay rent after the effective date under this lease. Upon the proper notice he�ein specified and assuming the unit is properly cleaned and free from damages and ail other covenants contained in Paragraph 12. Sections I II, I V and V are preformed, then security deposit money less reasonable costs not to exceed $100.00 for advertising and showing the property will be retumed to [he tenants according to law. 28. 29. SEE EXHIBIT A--CLEANING INSTRUCTIONS ARE HERLBY A PART OF THIS LL•ASE. SEE EXHIBIT B--OPTION TO'I'ERMINATE BY NNE 30, 1996. 30. PETS: David Sigel and Valerie Blatnik may keep their dog and cat in the unit provided the animals are quiet and do not disturb the other residents. of the building. The animals may no[ be in the common areas of the bui(ding or grounds without being leashed. Any mess left by the animals on the grounds must be cleaned up immediately. Under these conditions, David Sigel and Valerie Blatnik may keep their dog and cat in the unit. If the above criteria is not met, the animals must be �emoved form the premises immediatety. Agreed to on this nd day of March 1996 Owner R Rp �� ' �� .( qi 14 4C PAGE 5. LEASE DATED MARCH 22, 1996 �� EXHIBIT A CLEANING INSTRUCTIONS FOR VACATING PROPERTY Tenant will vacuum and shampoo all carpeting if unit is carpeted and wash all floors. Tenant will vacuum and damp wipe out all shelves, cupboards, diawers and chests. Tenant will wash and scrub lavatory, sink, and shower. All appliances must be scrubbed and washed. �e sure to clean oven, oven racks, broiler pan, oven drawer, drip pans, bumer rings, range hood, fiter and outside of stove. Refrigerator shelves, crisper, trays and outside of refrigerator must be cleaned. Freezer compartment must be defrosted and cleaned, ice trays intact. The stove and refrigerator must be pulled out and cfeaned undemeath. (Be careful of the vinyl floor coverings; if not done properly, you could gouge the flooringJ Tenant will clean all other appliances in the unit inside and out, including dishwasher, washer and dryer. Any cleaning charges are figured at a$18.00 an hour ra[e, and any damages are charged at a repair/replacement cost. A$75.00 charge will be assessed for each uncteaned appliance. Tenant wiil haul away all unwanted furnishings. Discarded fumishings wilt not be left at the dumpster. i � � Tenant will replace all missing and burned out lamps. PAGE 6. LEASE DATED MARCH 22, I996 �� - �� MCGRATH PROPERTIES 886 JEFFERSON AVENUE ST. PAUL, MN 55102 221-0261 May 22, 1997 David and Valerie Sigel 772 Lincoln Avenue — 3` Floor St. Paul, MN 55102 Dear David and Valerie: Per our verbal agreement, this letter is to confirm the arrangemenis we have made to eYtend your lease. We extended your lease on a sixty-day notice. Per our agreement, the only change will be the amount of rent. As of May I, i497, the monthty rent witI increase 4% to $962.00. I want to remind you that this e�ctension does not extend beyond the 31s` of August 1997 as per our agreement because of the reduced ability of &nding good tenants after that date. If you have any questions regazding this lease extension, please give me a call. Yours Wly, Terry P. McGrath TPM/ka EXHIBIT B OPTION TO TERMINATE LEASE AGREEMENT BETWEEN MCGRATH PROPER7'IES AND DAVID SIGEL AND VALERIE BLATNIK S(GEL ��- (oc� WHEREAS McGrath Properties, lessor and David Sigel and Valerie Blamik Sigel, leasees, have entered in to a Eease on the Ihird floor aQartment at 772 [,incoln Avenue, St. Paui, MN 55105. The starting date of said lease is June I, 1996 and ending on Apri130, 1997, and WHER&AS the leasees wish Yo obtaio an option for cancallaYion of said lease and McGrath Properties wishes to grant such an option and hereby acknowledges payment of good and valuable consideration for it . NOW THEREFORE it is hereby covenanted and agreed by and be[ween the parties that the leasees at their option may give written notice [o cancel on or before the 30th day of June, 1996. In [hat event, if the leasees vacate the property on or before I2:00 noon August 31, 1996, then teasees shall be under no further obligation of paying the rent due on September 1, 1996 and subsequently. The leasees shall receive their security deposit back less any charges due a�d owing under the agreement according to law. Less� G c McGrath roperties a,�,t g. �� C Date � ,.. e r' a N F' t A, ._ , ��ta�3 �{ 2'bZ iN� 6F f9/LtS btltIDIMOS � i9 410 PI!'$2 � Z 8'PATS OF llS�FS50TA MLIDTICIPAL COif�'p 3 COJZtTiC OF R1UdSEY � CITY QF ST. PAI3Z. 4 - S � GITY OF ST. PA[A., . � Piaintiff,. $ va. ' Z'RANSCRIPT OF PROC88DSNC,S 9 TBRRY �7CGRAF, 10 Defendant. ]1 ].2 13 Tranaoript o£ J�rncee3ings hald be£ore tha Y�onaaa��,� 14 �oha J. Kirby, Rawsay Cossaty Judge, on Apzil 28, 19�1, �� '15 St. Paul, Mfnnesota. 36 17 APPEARA*.�GES: 18 John 2lcCoimick, A&sistant City Attorney, appeare8 �� 19 behalf of �r Plaiatiff. 20 �ohn Saaaiaa, Attorney at Law, aBFeared an �etsalt 21 of the Defendant.. 22 ' . � . , 2d � 2'S . � �qAMSEY CCUKiY MUNICiPAL COUHT . � }Zµ(�lpyrt Hm�za .. St. PauS.IAM�ewta 66362 1 A, (;:�: 0 : :: . �`?.. 5 fi 7 8 9 SO ].1 I2 7.3 14 15 I6 17 18 19 2a 27. 22 23 24 Z5 �� _ �D 1� -2- ldR. MCCaRMiCK: This is in the mAtter of the City of St. Paul, versua Terry McC3raf. Ldr. McGraf is cha'rged with aa ordiaance v3olation cf remodeling a tbirQ floor wit.hout a permit. The building is lpcatad at 772 Liaeoin gvanue ia the City of St. Paul. . i Yocu� Honor, there has beea numeroua ciseusaions bet`+eea respeetiw couaaal aad myself and With the Buildinq Departeeat Basicaliy, the proce6vral hietory has beea Iaid out te this Couzt as to the faet that it is allagec 3�y tl'se City that tha L�Pandant i3id not -- he cotapl�ted a reCOnetruCtion o£ a third floar area .withaut having t2=e graper permit. Fia ciid apply for permits Erom the.City of St. Paul, his Qlane were: not app�toved as a.result of the totality of the reconstx'uctiox involved. It was th� opinion at that bime of the Suil6i.ng ' DepE�rtment that the Way t�e plan laid it out; is that ti'se ;� �.' DefeaBant was. in fact,. noastructing a completely acgarate unit up in his.third �loor attic area. Tliere 3a aa exte.ttior stairway, a bedxaota, a bathroom; a washar aar3 dryer �or .: cloth�s, firepLace�'liviaq room, library, an6 a kitehea '; . aoarplete with cooking faailities and refridqeration. - As a result, th8 plans were uot ap�rovea. Thexe have.� bee� aumatrous in&pections sinc� that &nte ano complainta te_.. the City from.aeiqhbora in the area as to the conatructias .". aad aa ta the praposed use of this attie. � V;timate;y,'a tag was,issuec3 in l.atn December of 1979,�_; � � RAl75EY COUNTY MUNICIPAL COV�T . ' - i246 Caxi Haus� . St. P�ut, Minneaoq 55102 e 1 ,. :: �''." ��_ (o►� -3- 1 I beliava beCause oP subsequent inspeCtipns indicating tkat 2 although ➢[r• MeGraf dtd not have the pertnits, the attiC ar 3 thizd floar area was eompi.eted. That is t�►e eharge whiclY ba 4 �� is riero today on_ 5 A£Ler our dimcusaions, it haa beea brought to my 6 attention that the City `tauld, 1a fact, iasue a permit to' 7 MT. Terly l�taCiraf tor tho reconstruction of the tYsird £loor attic area at this ad8ress, but this p�rmit is �asued -- ia limited as far aa 3ts iasaance. =t is iasu�d on Lhe basis that this third floor �ttic area wili not be used fos *enta7. property or for any unaccegtable uee ua3or tlie present zoning classif3aatioa for that neighborhoo8. also, it is my underatanding tha� the permits would � qratnted on coa8ition that Che cooking facility that is preseatly in this thirc� £loor attic area be 6isconnected because at 'tliis time w�at Anakes this un.it in violatiaa of the preseat ioninq brdinaace is that it is zoned fos ainql.e £amily aad by the faet that this ursit or is elassit'ied as a u.nit because it Yias tt'le separats,kitcrien, separate bath- xoom, sepas'ate.wa�her and dryex' and living room and bedroom, that it composes a unit aad makes_:it a duplex os soseething other thaa a sinqla fam3.3-Y dwelling. yf the:De£endaat discoanects the presen� eookiaq £acilities, which S understand are eleetxic stove and ove�, . and puta a metai glate over trie plug in receptacle, that 8 9 10 u 3.2 23 14 15 16 17 18 i9 20 21 22 � 24 25 pAMSEY COUHTY MLJNICtPAL COUR7 . 1244 CVUR HOUm � St. Pa�l. MinnaaMa 45102 1 �::�. , •.-.: 0 (•' � .. 1 2 3 d 5 6 7 8 9 1� ].1 32 � 14 15 I6 17 28 39 28 21 2Z 23 2+! 25 =�- �� o�� iPOUld keep this reconatruction gtoject Sram theiz ClasaigtCa- tion as a unit; anG, tharofore, it �vouidn't be ia via}.ation o£ the ordinanG�.� � � Sowever, iP at a�+ time Mr. Terry MC4raf either reats titis gz��y ds reCOnnects the stove aad has samsoaa liv3ag up Lhere aad aookiag, he otould be ia qio].ation of the present ordiadnce aad zoniaq osdi.nance unless he ha�s reached aome type of variance with the zanl.tzg Co�i.ttes. 9 Thab ia tqy summary a£ what . our agreeaieat is. Eie xil2 be enteriaQ a pla�a and he will discoaaeet the atove and appllr for a permi.t, and thia would iavolve a certaln anount of lnspactions ott Ehe job si�e. 73e will a�ply.for the Droper pertpit�,and the parmits woula be isaued by the City'bn aondition that the groperty 1s not used far aay other purpose.! . 3�HB CDURT: Ia that yous uaderat�nding, Mx..Soaalan3 MR. SC,ADi7,AN: ' Yes. THE C4URT: Is ttiat the aqreement �ahieh .ydu - have aegotiataa' the plea7 MR, sC1�NLP+N: Yes. THE COURT: The Deferidaat ie:.�.. pleading s�ui2ty base�d. an tliose riegotiations? MR. 3CF!ffiLAA: - Xes. " THFi CoORT: A2so negotiated ��.. Chat thia vrould be put on the defarred oalrndar for a perio6�. � ,' �RAMSEY COUNTY MUNIC1�Ai COURT � . 1245 CouR Hou.re - � � � � St.Pw1,MlnnesOtrS57C2 � � � (1 -s-- � �'1. fa �� F:�:: . , i � 2 3 41 S 6 7 8 9 lp 11 � 33 14 ]S 16 17 1S 19 20 27. 22 Z3 24 25 of six moatha? a MR. SCAHI.AN: Yas. M8. MCCARMZCK: E reqnested originaliy for a oae year period. MR. SCANLA87: _ Z hroul8 requeat afx mont.hs. stiyulate to? at�pulate to limit of tima. ppsi.od. THS Co[�Ts Aihat .diQ you MR. SGANLIIN s Sie oicitt � C MR. MCCflRMICR: A reasonahle TE�3 COIIR�: " I vtill decida. ft will ba nine months. I qet to decide scmethinq. Zt will be aiae moAth� Eor these particulaz requirements a�cd obiigation� te be fultilled. At the sad o� the aine monLh� period, tlse Yruilding inapector will nofi�ify the pro�ecutor as ta whether;these bave beari tulPilled ar not.. I£ they have been Pu1PiI2ed, Lhexi the matter will be dismiasad ss presoribed by'Ststute, apd there wil7. be no futther appearal2ce ia Court ueeded. Zf they are not �u2filled, �hext the pefendasit wili have to come back and show cause why he should not be sa'n,taacad. tHeariag cona3.uaeci: ) pqMSEY COUNTY MUNICtPAL COUR? . i24b Court Hou� St. PsYi, M1�i+M�flts 55}a2 � � 0 r � -.. ii s! s' 4 5 6 7 8 9 IO 3]. 7.Z 13 Id 15 16 17 19 19 20 21. a7 a.� 24 25 -e- STAY`8 OF �$SQTb COtIli3'Y OF Rl►M8EY �� _ tol� " ' 2, J�mei Thie�+ea, Ogfieial Caurt Repoztes, eto h.reby certiEy that tIis above traaacript is a true and. camglete traxieCript o£ my ehorthand notea takea the abave e�CiClad matter be#are the Hanorable John J. lfirby, Rameey Gouaty Ju�e, at St. Paul, Mtnnesota, on Aps3.17�2$, 1981. � � L rt �egortez ^�La ��.� ted�.� . , �/ �e� i ` � aAr�s�r couNrr Mt�wcira�. coum . . - 7346 CouR tleuta � St Vwi, Minna�ms 5610Z 1 �,��,�,`��c� � F � - �� - �o �3 DIVZSION OF HQUSZNG AND BUZ ING CODE ETIFORCEMENT C , ADDRESS � �L �—�ATE + � CEPISUS TRACT SEQUENTIAL NU. COtiPLF1IPST DATA: �� ^ � �„C,(�,� �t.�' �(7��c+�2p ��.CQ e T f%�i-u...v�- coriPt,azrrnrr � ADDRESS itL<�� :-,�xorrs rro,� l, -� `�� C �. w =c?L� ��. � � � �-�u-:��s.� '��-`-`'�_ ' - �� •L,�s ��L�--- � �� '�� ls�s.�� -- Gil � L'—/1ilCS,u C � �G1�l�s-��i (.L� �? ��-� �-, < <, .� c I � �.(� /t.��„ -� o-�..� o� L � ' � C ti � �� _ � L�-- �� r � :�.�� ..�. „ � ��)��t-� S . A .� �'� ui.0 � . `1 .c �, < � � . � � � . CITY OF SAINT PAUL DE�ARTA�i�l11 DIVISION OF HOUSiN6 ANE7 BUI IkG pENMlT NO.�� CODE ENFORCEMENT M6 tITY XALL ST. PSUL. MN Sfi707 PI.AN NO. � �/� J�.7sn-ccc��C.L.• %� "'�—'� .�ST.COOE � V � oesc ir G toN R R3�� DATE ` d• — 1 � ^ R �" 4WkEii ��1LA '�, rS�I �G PA't� OWjdERSADGR�55 ! / L �✓.vGr� N Q dLD ��}� NEW TYPECQNST_ .,�`� OCCUPANC�' GRADING Si'UCCOOR ❑ BUILQ ❑ AND EXC. L PLASTER C] DRYWALL Q ADDSTIOf�t C3ALTER t �[7 REPAty p MOVE NG s�oe S � 1 ATEO VALUE BILSEM6NT ' I� YES L� NO SQ,�T a c� o — c ❑ FENCE C7 WRECK rj'� CC O 57 ` ING�UPE i�3EMFN7 � P�AN CtiECK S7ATE _ � t r SUHCHARGE E� Q O ' ' '� �a .� _" _ •-h' i � �� '�- �� ' , _ _ _-_,. . � " ,,,�..�t� / � 5 , �� --_- . .. . _ . _.. TOTAL PEE �"'-''�'' - -'='' ' �' WNEN vA�IOaTlD TH75 18 YOUR pERMiT ApPIICA.NT CERTiFIES 7NAT ALL ItvFORMATION IS CQRRECT AND THAT ALL PER710VENT STAT! ffECi41�AT10N$ ANQ CITY ORD�NANCES WlL4 4E GOMPl1ED WITH IN PERFORMING , THE WORN EQ,B.WHICH 7t115 VERMIT 15155UED. ' . � � 'I ADDRESS OF JO8 1C e^-�-�� ..///t� �� L�rY�C-� l Dv PUTM�R�ZED��GNATVRE q c��]-l�(� C�(ZU(:U� l ill_1. [:1_I:(;"�'IZl(; (:O�11'��N1' �3�it; .)cfic��:5cn� i\vc��t�c� Sf. I��ul, l��linnesu�a JJ 1 OZ i�l�o�ic 221-02G i I��x 22 t-0354 n�,��s� s, � v9� P.Ir. l'erry hlcGrath 772 Lincoln Avenue St. Paul, Minnesota 55105 Dear htr. McGrafi�: On July 27' 1 conducied an inspection of the electrical in the 3"� floor of 772 Lincoln. I fvund the electrical to be in unusulll}' good condition. ft has a separale ] O(T-amp service pane[ and circuits. ln specific, f found no Code violati�ns. "I here is, however, aud un�vired fresh air daroper and an unenergized piece of romex instalied for firture track lighting. Neither of these items constitutes a violation of the national electrical code. Upoa rurther inspection I detennined diat the JenAir stove fan wasn't working because the stove ��as disconnected and the b�th fan had been unpiugged. D ty inspection revealed no electrical code violltions, therefore, there could be no ��iolations that would constitute eadingerment to he�lth or safety. Sincerely, 5 � . ,�.. , :: ,:_�.r�L<< � Richard KirUand RK!}�k ��_ �a�� i nR n1�S�7.�U�`7 11:1f� FAS GlZi;inl_I �30��vs August •'V, 1`?97 m�r. ' rC�� H �"tLc:TrZ� n 712 L.iucoh� Ai�r.. Sl. Pau(. Nin. _5?1v5 ItntJli;'� 1'I.I��IRIN�= n - (D ('� �e n n � � I Onalilp LVnrFJtluaiil�• Vah�� I�ear Nlr. AicGrltl�, O�� July 22, I9y7, 1 ctmducted au iuspection of the u�e.chanical an�l ph�mhiii� eeslemc on tt�e tiurd Iloor at tlie �buve residence. [ fnuud no vininlivns of the c�.n�r..ni incnl inechani�;:d and plumUing cocte at this tinie. If p��u ner..d any fiu Uirr a.vsi�t�ttc:e_ plense c�il mc; $i�tcere(y, � / 7 / J� / � �t�a{[erJ. d ` I'irsi�irn�� 111Q �ih�l�y A1r111O�inl Hiqhtvny • I�p B•�< G(1i9R Mendui.9. PAhI 5?1�f1 Q79FS f'thnnn: (R 12) 4� 1 Inra7' f AX. f�:i7) q!� ` F;"a�l ;� �.:.. Y^ "tiY � Wu.. `w �.. I� � �`. £ kyyi�"! 8 � � :. �., ? ry , � m4. . �� ✓ . ±� 1 � � ' '',� � rr ... c �� 'y .. � � , p � :� .__ R`. .. . � >:< l � �'e . �` . �� .. .�... r �� ,_� ,� - �' �#'+ � t p `•j( \ �� , �rd a,":� '�s .",F �;'t1';'.; _ . .. . �5i ,�. q}E 3 .�.. '' �S�d � �' + ,.. i' ,.��„ �" , ,. .'��1` � r � j,; '� -_ ,� � �s� � k ., .g�.. . ..� Y nu Y k Cµ,.ti A� �" ��ti' � Y i: �- �`v � �� 1 � � r. � :6 . 1 t __ � I .5 _ '� � 4 ` � ;,�?a�� . . r � s � , : � -� ii� �uv Z ��al� Electrical - Kitchen .. - ------ .-� - �; , - ._-_---,- ; , � . f _ . � � . -�_ i f. �+ . 1, ,( "5 1 ,. } � t�i � ,. � . ; � �, � , �f '2 � 4 { v�a I°3 � {c . Fi � �il f �� ' . �M �Fi�'kSu � � �,`�� p�i : i;`.� i �. i n t ' :n' . ��. �� i :'� � . � � '� ' ' � -` � �� o�� ra;rc down to 2nd floor. �� ., ( c� � � Water damage - recessed light. Water damage - stove azea. �� --d� l� Chimney - I,anudry Room �� a�-�merd e�, - �S � 13 I `1�l Council File # � � - ( C (� Green Sheet # 29861 �_ '�:.. _ � Ptesented by_ Referred To � RESOLUTION CITY�QF y S,Al1�T PAUL, MINNESOTA S5 Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the August 5 decision 2 of the Legislative Hearing Officer: 3 PropertXA�roealed Appellant 4 1571 Matyland Avenue —�� - � S '+�'• ��• �R4'1 - V°ti- 5 Decision: Laid Over to the August 19 Property Code Enforcement meeting 6 772 Lincoln Avenue e 7 Decision: Appeal� D�.ry�� e,q Terry McGrath 8 1339 Sherburne Avenue Allan Cederberg 9 . S ee. cou„�; � K; Ie. -� 9`I — Ioa�( 10 911 Minnehaha Avenue West #105 Eddie Maddox 11 Decision: Appeal Crranted 12 640 Jackson Street 13 Decision: Appeal Granted 14 1034 Suburban Avenue #104 15 Decision: Appeal Denied 16 630 Pierce Butler Route 17 Decision: Appeal Denied 18 1760 Case Avenue 19 Decision: Appeal� (� e e a Doody Mechanical Inc./Larry Rosenbower Delbert Phillips RJ Schinner Company, Ina/ B. Giassman Keith Pederson 1 q•�_ /0►3 1 2 3 4 5 6 7 Yeas Nays Absent Blakey � Bostrom � Harrfls f Megazd � Morton ✓ Collins ✓ Thune ✓ � d � 8 Adopted by Councii: Date � q 9 Adoptio ertified by 10 By: 11 Appn 12 By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � Gt7- 1b �1 DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED I V� 2 9 8 61 CITYCOUNCII, �6�m GREEN SHEE CONTACT pER$ON & PHONE INRIALIDATE INITIAVDATE �DEPARTMENTDIRECTOR OCITYCAUNCIL Gerty Stratl�man 266-8575 ASSIGN � CITYATTORNEY O CRYCLERK MUST BE ON COUNCiI AGENDA BY (DATE) pO� GFOR O$UDGET DIAECTOR � FIN. 8 MGT. SEFVICES DiR. August 13, 1997 Public Hearing OflDEfl O�yQp (pR A��y�ANn 0 TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION REQUESTED: . Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for ihe August 5, 1997 meeting. RECAMMENDATIONS: ApProve (A) or Rejact (Fi) pER50NAL SERVICE CONTRPCTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/Firm ever worked under a contract for this department? _ CIB COMMITfEE YES NO _ SrAFF _ 2. Has this person/firm ever been a city employee? YES NO _ oi57RiC7 CouF1'f _ 3. Does this personRirm possess a skill not normally possessed by a�y curtent ciry employee? SUPPORTS WHICH COUNpL O&IECTNE? YES NO Explain all yes answers on separate sheet and attach to green Sheet INIT7ATING PROBLEM, ISSUE. OPPORTUNITY (Who, What, When, Where, �✓hy): A�VANTAGES IFAPPROVED: DISADVANTAGES IFAPPROVED. DISADVANTAGES IF NO7APPROVED' TOTAL AMOUN70FTHANSACiION $ COST/REVENUE BUDGETED (C�RCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITV NUMBER FINANCIAL INFORMATION (EXPI.AIN) �li � Council File # ��'� Green Sheet # _��>�� RESOLUTION CITY OF SAINT Presented By 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Referred To . Date G7—�13 WHEREAS, 1339 Sherbutne Avenue, St. Paul, Ramsey County, Minnesota, has been a nuisance property for a number of years; and WHEREAS, the St. Paul Fire Department has documented several significant violations of health and fire codes inside 1339 Sherbume Avenue and has condemned four of the units because of eattensive damage; and WHEREAS, the St. Pau] Fire Department has revoked the Certificate of Occupancy for 1339 Sherbume Avenue effective July 31, 1997; and WI�REAS, the owner, Alan Cederberg, has not managed 1339 Sherburne Avenue properly up to this point on his own and has not yet made the necessary repairs to bring 1339 Sherbume Avenue into compiiance with all applicable health and fire codes; and WHEREAS, Mr. Cederberg personally attended the city council meeting and admitted that the underlying revocation of the Certificate of Occupancy of 1339 Sherbume Avenue was proper and that the required repairs were necessary; and WHEREAS, Mr. Cederberg expressed his willingness to abide by the conditions recommended by the Fire Department and adopted by this Council; and WHBREAS, Mr. Cederberg acknowiedged that any failure to comply with the conditions set out in this Resolution would result in immediate enforcement of the revocation of the Certificate of Occupancy at 1339 Sherbume Avenue; and WHEREAS, this Council acknowledges the shortage of affordable low-income housing in St. Paul, and the potential for displacement that the immediate enforcement of the revocation of the Certificate of Occupancy might cause; and WHBREAS, this Council wishes to avoid potential litigation resulting from the immediate enforcement of the revocation of the Certificate of Occupancy might cause; therefore BE IT RESOLVED that enforcement of the revocation of the Certificate of Occupancy at 1339 Sherbume Avenue is hereby suspended subject to the following conditions: 1. By August 31, 1997, Mr. Cederberg (Landlord) shall have an independent real estate appraiser examine 1339 Sherbume Avenue and provide a written estimate of cutrent mazket value to St. Paul Fire Prevention. This estimate must include all of the costs required to bring 1339 Sherbume Avenue into compliance with all applicable health and fire codes. 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5� 51 �� tO/� 2. By August 31, 1997, Landiord shall have hired an approved management compan manage 1339 Sherbume Avenue. The management company must begin managing the building by no later than September 1, 1997. 3. By August 31, 1997, Landlord shall have acquired all of the necessary pemuts needed to bring 1339 Sherbume Avenue into compiiance with ali applicable health and fire codes. T1us includcs the posting of any and all requircd bonds. 4. By September I5, 1997, Landlord shall have a new security intercom sysiem complete with new door installed at 1339 Sherbume Avenue. 5. By September 30, 1997, Landlord shall have listed 1339 Sherbume Avenue to be sold through an approved real estate agency. The listed asking price shall not exceed 125% of the appraised value as sei out above. This price may only be raised upon completion of significant repairs by Landlord, and a new independent appraisal by a qualified appraiser. 6. By September 30, 1997, Landiord shall have licensed contractors begin working on the necessary repairs at 1339 Sherburne Avenue. 7. By October 31, 1997, Landlord shall have either made significant progress in having all of the necessary repairs compieted at 1339 Sherbume Avenue or have compieted a bona fide sale of the property to a third-party buyer. Whether significant progress has been made shall be determined by St. Paul Fire Prevention after a complete on-site inspection. 8. By December 31, 1997, all necessary repairs to bring 1339 Sherbume Avenue into compliance with all applicable health and fire codes shall be completed or 1339 Sherburne Avenue shall be vacated until such repairs aze completed. Whethet all necessary repairs have been compieted shall be detemuned by St. Paul Fire Prevention after a complete on-site inspection. 9. Landlord shall inform any and all potential buyers of 1339 Sherbume Avenue of this resolution and shatl provide them a copy of the necessary repairs required to bring 1339 Sherbume Avenue into compliance with all applicable health and fire codes in addition to a copy of this resolution. 10. Provided that Landlord complies with all of the above requirements, St. Paul Fire Prevention shall not enforce the revocation of the Certificate of Occupancy at 1339 Sherburne Avenue. 11. If Landlord fails to comply with any of the above requirements, St. Paul Fire Prevention shall enforce the revocation of the Certificate of Occupancy immediately and shall provide the tenants of 1339 Sherbume Avenue with a 30 day notice to vacate. � 1 12. At periodic times as viewed necessary by St. Paul Fire Prevention, Landlord shall 2 meet with a representative from St. Paul Fire Prevention and provide written documentarion or q ��/3 3 on-site inspection to verify that all of the above requirements aze being completed as required. 4 � Requeated by Department of: By: Form A.pproved by City Attorney Adopted by Council: Date � �� 8y � Adoption ertified by Council Se eCary Approved by Mayoz for Submission to Council $Y' �- . �� ""l � ,l _�___ By: Approved by Mayor: Date � ey: N° 50533°��`� r-.��_._� : � � - . �- a. DEMRTMENTpFFICE/COUNCIL DATEINITIATED GREEN SHEE � C].0 Counc' 8 13 97 INITIAVDATE INITIAVOATE CONTACT PEFSON d PHONE � DEPARTMENT DIRECTOR a QTY GOUNqI Councilmember Blake 266-8610 pSSIGN � CITV A170RNEY � CITV GLERK NUMBENFOF MUST BE ON COUNCiI AGENDA BY fDATE) ROUTING O BUOGET OIPEGTOR O FIN. 8 MGT SERVICES DIR. ORDEP O MAVOR (OR ASSISTANT) O 8/13/97 Sus ension Ite TOTAL # OF SIGNA7URE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) FCTION REOUESTED. R°' '"—"`''----- =��^' '^'7 suspending enforcement of the revocation of the Certificate of Occupancy at 1339 Sherburne Ave subject to conditions. FECOMMENDATIONS: Approve (A) or Reject IA) pERSONAL SERVICE CONTRACTS MUST ANSWEfl THE FOIIOWiNG OUESTIONS: _ PLANNING COMMISSION _ C�`11L SERVICE COMMISSION �. Has ihis person/tirm ever worketl under a conlreC� tor ihis Oepartment? ' _ CIB COMMITTEE _ YES NO _ STAFF 2. Has this pessonlfirm ever heen a ciry empfoyee4 — YES NO _ DiSTRICi COURi _ 3. Does this Oerson/lirm possess a skill not no�mally possessed by any current city employae� SUPPORTS WHICH COUNCILO&IECTIVE7 YES NO Ezpiain eli yes anawera on sapera�e eheet and ettach to green sheet INITIAiING PROBLEM, ISSUE, OPPORTUNITY (Who, Whet, Whan. WhBre. Whyj. ADVANTAOEB IF APPROVEO: DISADVANTAGES IFAPPROVED: UISADVANTAGES IF NOTAPPqOVEO: TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDIIJG SOURCE ACTIVITV NUMBER FINqNCIAL INFORbSATION: (EXPlA1N) ��- !0!3 Properry Code Enforcement Meeting Cj August 5, 1997 � Gerry Strathrnan called the meeting to order at 1:29 p.m. 1571 Marvland Avenue Thomas Lindbeck, owner, appeared and stated he received an order to do repairs on July 14. He filed an appeal July 22, which is within ten days of the notice as the instructions state. Before he filed the appeal, a condemnation was done on July 22. Mr. Lindbeck feels he is being harassed. He has had real estate people approach him about purchasing this property and feels there may be a conspiracy to take his property away. Gerry Strathman responded Public Health can proceed at any pace they want, but filing the appeal suspends enforcement of the order until after the matter is heazd by the City Council. Thomas Lindbeck stated he received a letter on July 14 to clean up the garbage on July 15. He contacted someone to ask for mare time. About Violation 4 which deals with the fizmace, Mr. Lindbeck talked to Inspector Dauid Weisberg who said the work has to be done by a licensed contractor. Mr. Lindbeck called License, Inspections, and Environmental Protection (LIEP) and received a letter from Christine Rozek saying a business license is not required for cleaning furnaces. Gerry Strathman responded Violation 4 does not mention cleaning, but deals with having the furnace and water heater inspected. Thomas Lindbeck stated on July 24, the electrical inspector Franklin Gurney inspected the property and said the electrical service must be repiaced because it was submerged in muddy water. Mr. Lindbeck stated having the circuit box completely replaced would be an expensive project of $1,500 or more. Three electricians said the m�imum needed to be replaced is the interior. Mr. Lindbeck feels this is a conspiracy to wear the landlord down and take over the property. Thomas Lindbeck stated he needs more time to comply and to convince people what they are ordering is improper. David Weisberg, Public Health inspector, appeared and reported Violations 1 and 2 have been taken care of by the tenant. The furnace and water heater should be inspected by a licensed furnace contractor and licensed plusnber. Whatever work they requite needs to be done. All work on rentai properry has to be done by a licensed electrician. The immediate concern is the structural support to the basement ceiling. This has been taken care of. An extension has been given until August 20 on the vacate date. Gerry Strathman laid over this matter to the August 19 Property Code Enforcement meeting. If the matter has not been taken caze of by then, another decision will be made. Thomas Lindbeck requested the decision in writing. (Note: a letter was sent to Mr. Lindbeck on August 6 with Gerry Strathman's decision.) q�-�a� PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 772 Lincoln Avenue Page 2 Terry McGrath, owner, appeazed and stated his appeal is for staying the condemnafion order as being unfit for human habitation for the T'hird Fioor. Violation 1 states the Second Floor unit is unapproved. Mr. McGrath stated there is no Second Floor unit. There never was action to increase to a duplex in 1982 as stated in the paperwork. In 1982, there was a court case where the judge ordered the stove be disconnected and the occupancy could reuiain a single family home. There aze occupants that live on the Third and Fourth Floars, but it is a single family home. Violation 2 deals with the electrical. Mr. McGrath handed Gerry Strathman a letter concerning the electrical system. Violation #3 deals with the furnace in Unit #2. Mr. McGrath handed Gerry Strathman a letter concerning the furnace. Mr. McGrath did not understand "no proper sepaza6on" in Violation 4. The wood stairs are not deteriorating as stated in Violation 5. A tree branch put a small hole neaz a valley in the roof that created some water damage. That has been fixed. The missing plaster as stated in Violation #7 is not a health haza.rd but has been fixed. Violation #8 states the ceiling around the chimney is not sealed properly. It is a triple asbestos flu liner and does not constitute a code violation, but it was fixed. Violations 9, 10, and 11 dealing with the kitchen floor, stove vent, and the bathroom vent fan were a11 taken care of. None of these violations constitute a health hazard. Steve Schiller, Public Health inspector, appeared and reported he was at the property yesterday morning, but did not go inside. The occupancy issue has not been resolved since 1982. The elecirical system had problems. Repairs may haue been made prior to these licensed contractors coming in. On Violation #4, there was only a ctu-taiii between the Second and Third Floors and no fire access. Terry McGrath responded there is a door separating the Second and Third Floors at the bottom of the stairs. Gerty Strathman stated he is having a hard time seeing the basis far unfit far human habitation. Steve Schiller stated there is a zoning violation, missing cover plates on the inside and outside electrical system, fans don't work in the bathroom and on the stove. Mr. Strathman responded there is a letter indicating some of these items have been repaired. Mr. Schiller responded this is the first time he has seen these letters. Gerry Strathman stated a second inspection is in order. ff what the appellant is representing is true, there does not seem to be basis for condemnation. Wendy Lane, LIEP, appeared and stated she feeis uncomfortable with one section of the City being told it is okay to haue a second unit. Gerry Strathman responded there is a forum for dealing with a zoning violation; condemnation is not the normal first course. Ms. Lane agreed. Terry McGrath showed Mr. Strathman a video of the scene. Gerry Strathman granted the appeal because he could not support the finding that this building is unfit for human habitation. Steve Schiller submitted files for the record. q'7 - l o t� PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 1339 Sherburne Avenue Page 3 Allan Cederberg, owner, appeazed and stated this building was involved in the flooding in 7uly. He has no probiems with the July 22 Certificate of Occupancy. He has questions about Violafion #8 to provide mechanical ventilation in all units. What he has done is adequate. An electrical contractor has been hired. Saint Paul Plumbing came in Monday to fix the trap in Apartment #5. Pat Fish, Fire Prevention, appeazed and reported the venfilation is not adequate. There is gravity ventilafion from years ago. It wouldn't be hard to instail a fan because the duct work is already there. It is a fairly inexpensive project. If Allan Cederberg would provide documentation that the roof has been inspected and in good condition, that would be sufficient. Mr. Cederberg said he would have the roof inspected. There was considerable evidence of water damage. The electrical service in the building is not up to code. A licensed elecirician would have to be in the building doing that work. There is some logic to doing it at that tnne. Allan Cederberg stated Violation #36 has to do with steps and he would like something in writing telling him what has to be done. Gerry Stratl�man stated Pat Fish will give him the requirements on that. Allen Cederberg stated he would like a six month extension to complete this project. Pat Fish stated she gave an extension already. She was concerned about the electrical, the plumbing, and the roof. A majority of the work has been done by Mr. Cederberg and is not up to code. Linda Druck appeared and stated she lives down the block from 1339 Sherburne. She has been working with the block club for over 3 years to get Ailen Cederberg to do some improvements on the building, but nothing changes. There have been 200 police calls in 1'/x years. There are 3 people living in the condemned apartments. Ms. Druck would like to see the building condemned. Mr. Cederberg does not shovel in the winter. His trash is all over the alley. Gerry Strathman responded some of these issues are not relevant today. Patrick Hess, Ramsey County Attorney Office, appeared and stated he works with nuisance properties and has been working with Allen Cederberg for over a yeaz because there was a lot of drug activity at the address. Tenants were compiaining about some of the condifions. Mr. Cederberg's track record is that he does not follow through on thiugs he says he will do. He has agreed to bring in a caretaker, but both caretakers were not informed what they were suppose ta do. Mr. Cederberg always fmds a reason to postpone his projects. Today, his reason is tlie cost. He is unable to spend the money necessary to make the repairs. He attempts to do it tumself, but is unable to do them up to code and creates more problems than he fixes. Allen Cederberg stated he is not the best manager, but does his best. Gerry Strathman denied the appeal. �'1-l PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 911 Minnehaha Avenue West #105 Page 4 Eddie Maddox, owner, appeared and stated he is appealing the quality of the inspecrions. He showed Mr. Strathman the defuution of the eatension cords. Mr. Maddox stated in the uniform fire code, they aze fle�ble cords and aze permitted as pennanent installation. Pat Fish reported the 1991 Mimiesota Uniform Fire Code prohibits eattension cords for permanent wiring. These aze eactension cords. An electrical inspector was sent out. There was extensive discussion with the fire mazshal. The inspectar was refused re-enhy. In a multi unit building, the code does not allow extension cord wiring. Eddie Maddox said it was only the last time he refused enhy to the inspector, but the inspector had been there several times before. Gerry Strathman granted the appeal based on Eddie Maddox's explanation that these aze flexible cords, not extension cords, and absent any evidence to the contrary. 640 Jackson Street Lany Rosenbower, representing the owner, appeared and stated this is about a new stand alone parking ramp and involves the fire protection stand pipe system. The issue is about valves in the vehicle pipes that come off in the main run. This applies to the wet valve system in order to turn the valves on and off to maintain the system. 640 Jackson has a dry system without any water in it. The valves do not serve any purpose. Gerry Strathman asked do the valves serve a purpose. The inspector responded yes and no. This is a dry system and a code requirement. The reason for the vaives is in the event there is some damage to one azea, that area can be sectioned off without taking the other areas out of service. The inspector has no problem with this appeal. This will be addressed down the road if there is a problem. Gerry Strathman granted the apgeal. 1034 Suburban Avenue #104 No one appeazed. Gerry Strathxnan denied the appeal. Pat Fish stated this involves a cat urine odor. The unit will be posted with a vacate date. 630 Pierce Butler Route No one appeazed. Phil Owens, Fire Marshal's OfFice, appeared and reported the ventilation is inadequate if not non existence. This is a warehouse that operates fork lift hucks in the building. Both occurrences q� -1�13 PROPERTY CODE ENFORCEMENT MEETING, 8-5-97 Page 5 happened on Mazch 5. Fire Department personnel responded when three workers had been overcome by cazbon mono�de poisoning. The district chief indicated the cazbon monoxide poisoning was due to no ventilation. Northem States Power personnel was called and determiued the cazbon mono�de was from fork lift trucks. There was another complaint on 7uly 15. The Fire Department found cazbon mono�de levels were too high. This business had made no effort to rectify the situation. Gerry Strathman denied the appeal. 1760 Case Avenue Patricia Whitney, Keith Pederson's attorney, appeazed and stated her company runs the property when Mr. Pederson is out of town. She objects to the certificate of occupancy inspection. This inspection occurred as a result of a referral from Apartrnent 6. There was no failure to comply because there was no advance notice. Pest control treated the building on July 26; this is done monthly. Violation #2 concerning the leak from Apartment 6 has been corrected. Violation #3 deals with the window. This window has been boazded up; it will be insulated and made part of the permanent wall. The carpeting is stained but it has been cleaned. The on site managers are suppose to be vacuuming daily. New carpeting has been purchased and will be installed in the common areas in September. The building was inspected on July 16. On July 17, the residents in Apartment 11 were evicted. The inspector Dennis Watters inspected again on July 31, but Ms. Whitney does not have a written response to the results. Patricia Whitney stated Apartment #6 residents have changed the locks and refused to provide the caretakers with keys. They were given a pay or move notice on July 16 just prior to the inspection. They are in arrears nearly $2,000 in rent. The residents of that apartment aze circulating a petition. Tenants aze bypassing management and going directly to the inspectors. This is unnecessary because Ms. Whitney is often on site. Pat Fish reported Dennis Watters is on vacation right now therefore she does not haue the response either. This complex has a long history of some problems. Keith Pederson has a tendency to procrastinate on problems. Because of the activity there, the caretakiug seems to be more than a full tune job. The certificate was revoked in hopes that Mr. Pederson would take chazge. Patricia Whitney stated Keith Pederson does have a procrastination problem and an additional person has been hired. Gerry Strathman granted the appeal on the basis that the responses to these violations seem to be adequate. Meeting adjourned at 3:13 p.m. AUG 4 '97 08�44 FROM LSD 1959 TO 041#169p2222770# PAGE.002 p��, (� 1 � 7 �-(� 7 - ---�--�--._.�____.._. . --- _ _. _ _ - -- ----- ---- `�._ 1t14��. ._. � ._. ._. ----- ---�-- .- S. { j_ -._. _..---------- _ .-- ---- ---�: t�.u�� -c,b�_f� __�� . -- �---- - --- � - ----- . _�?�- --Lr�+t�!✓_.�4 _ . ___._- _-- - - ___,.-- ---�t �J_(, .�a SSro� __ .. . . _---.____-- _ . ___ _. _ . _ _. ..��, - . --- --_ _ _..___.__--- ---- _ _ __ .._ .. ---.. _._ . _ . -- - - . �. _ .. . .�_ . f • �/ o ,vr �' f� _.. . l d� � ....a. �.� r��,�.....-f1�1 �,�.... � . .. � � f�t�. .,E� . ?��_ �i�s�/.v ----- - ---._. .--- --- � . __... � -- - ----� - ' _.. ._ .._ . � --...�L.... ._��...�� . _ .. 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P ��z �tTT 00 :�: S K O ~ J Y� � g �C George Latimer Mayor November 20, 1979 � � - (o(� CITY OF SAINT PAUL DEPARTMENT OF COMMUNITY SERVICES DIVISION OF HOUSING AND BUILDING CODE ENFORCEMENT Ci[y Hall, Saint Paul, Minnesota 55�02 6ti2-298-4212 '1'erry P. McGrath 772 Lincoln Avenue Saint Paul, Minnesota 55205 Dear �(cGrath: The �lans as submitted for a third floor aoartment at 772 Lincoln Avenue do not meet the zoning reaulations as a permissible use. Thi_s nroperty is zoned R-4, for single family use. It is our opinion that the proposed addition to the third floor constitutes a separate unit, as o��posed to an accessory use. YoL. hace the right to appeal this decision to thc Board of Zoning Appeals. F:r.closed is your check in the amount of $67.25, and an application for an .�dministrative Review, should you decide to appeal. � /�L.._ f - Glenn A. Erickson Zoning Administrator C.41i/1VL/eh EnC CROCUS HILL ELECTRIC COMP�'�NY 8S6 .lefferson Avenue � � , ( a �� St. Paul, Minnesota 55102 Phone 221-0261 FaY 221-0354 August s, 1997 Mr. Terry McGrath 772 Lincoln Avenue St. Paul, Minnesota 55105 Dear Mr. McGrath: On July 27` I conducted an inspection of the electrical in the 3` floor of 772 Lincoln. I found the electrical to be in unusually good condition. It has a separate 100-amp service panel and circuits. In specific, I found no Code violations. There is, however, and unwired fresh air damper and an unenergized piece of romex installed for future traak lighting. Neither of these items constitutes a violation of the national electrical code. Upon Further inspection I determined that the JenAir stove fan wasn't working because the stove was disconnected and the bath fan had been unplugged. My inspection revealed no electrical code violations, therefore, there could be no violations that would constitute endangerment to health or safety. Sincerely, i ;, O � / i. � / /�<7'�Llc� ' Richazd Kirtland RK1pk u3:9d� fli 1ION 17:1A FA1 G12�}54��1.21 rfi,... �:.> August 4, 1997 Mr. Terrv ��cGrath 772 J,incoln Ave. 5t. Paul, M��. 5 �105 AONFF'S PLI�DtBCN�: � 1 '�� ,,, /'i� . ��1 Qnality WvrklQualiir Valne, Dear Mr. NicCrratb, On Jaly 22, 1997, 1 conducted an ins�ection of the me,chanical and plu�nbin� sysleixis on t�e Chird floor at tfie above residence I found n� violatious of the cu.�rent loral ,nPClranic�l and plumbing code nt this tinie. Ifyou neeci any furtl�er assistane,e. ple1,G� �:nll ��ie 5incerely, �� Wal er J. onfe Presiden 13f0 Sib�ey Me,morial Highway • f'O Box 5b798 Mendota. MN 5515U-U79Ei Phone: (F I?_) 454-1997 - f"f1X: (r;t9) �r,� f;.'3o `� � `I/l�c� � 1 I — 7��` �'� �� , �o L7 DIVISION OF HOUSING AND BUI IN6 CODE ENFORCEMENT ADDRESS � /li- „ ]' CENSUS TRACT SEQUENTIAL N0. COI;PLAINT DATA: f ?�,c�,�� Q��U� � 2� �,� ��- COMPLAINAN� ADDRESS (�/L�C�C! ONE NO,p� � - (� r ` \ I _ _ � � WV iy'� . M C� � .1--// C ` � .�/ 1 _ �.�f� �,/ L / a_ I i u� � ��i//��'4� � La3� � �,/�'� � ./ � � . �_:r� �_ �� /� � / . ;/ :�, � - = � ' , � �ss�: .� � � ' � / .�" ' u _ i . . .:F d � I� ;,� � 1' ��. �..�L �� i , a ; .- . � � 1 2 3 4 5 6 7 8 9 10 ll 12 � 14 15 16 17 18 19 20 21 22 23 24 25 9NREki! �F F89�.0 Ftitiatxcs AtlG �0 4 i4 �� STATE OF MINNESOTA COi3NTY OF RAMSEY CITY OF ST. PAUI,, i� � l.-c.. �-( 2 `N'� .� � . �01� MUNICIPP,L COURT CITY OF ST. PAT3L Plaintif£, vs. TRANSCRIPT OF PROCEEDINGS TERRY MCGRAF, Defendant. Transcript of Proceedings held be£ore the Honorable John J. Kirby, Ramsey County Judge, on April 28, 1981, at St. Paul, Minnesota. APPEARANCES : John McCormick, Assistant City Attorney, appeared on behalf o£ the Plainti£f. John Scanlan, Attorney at Law, appeareo on behalf of the De£enaant. RAMSEY COUNTY MUNICiPAL COURT . 1245 Court House St. Paul, Minnesota 55702 il � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _z- �� ot7 MR. MCCORMICK: This is in the matter o£ the City of St. Paul, versus Terry McGraf. Mr. McGraf is cha=ged with an ordinance violation of remodeling a third floor without a permit. The buil8ing is located at 772 Lincoln Avenue in the City of St. Paul. Your Honor, there has been numerous discussions between respective counsel and myselE an6 with the Builaing Departmen Basically, the procedural history has been laid out to this Court as to the fact that it is allege6 by the City that the Defendant did not -- he completed a reconstruction of a third floor area without having the proper permit. He did apply for permits Prom the City of St. Paul, his plans were not approved as a result a£ the totality of the reconstructio involved. It was the opinion at that time o£ the Builping Department that the way the plan laia it out is that the Defendant was, in fact, constructing a completely separate unit up in his third £loor attic area. There is an exterior stairway, a bedroom, a bathroom, a washer and dryer £or clothes, £ireplace, living room, library, and a kitchen complete with cobking facilities and re£ridgeration. As a result, the plans were not approve6. There have been numarous inspections since that date an6 complaints to the City from neighbors in the area as to the construction and as to the proposed use of this attic. Ultimately, a tag was issued in late December of 1979, RAMSEY COUNTY MUNICIPAL COURT 1245 Court House St. Paul, Minnesota 55702 -3 �� , �a�/ 1�� I believe because of subsequent inspections indi.cating that 2II although Mr. McGraf did not have the permits, the attic or 3 third £loor area was completed. That is the charge which he 4 is here to6ay on. 5 After our discussions, it has been brought to my 6 attention that the City would, in fact, issue a permit to 7 Mr. Terry McGraf for the reconstruction oP the third floor 8 attic area at this address, but this p°rmit is �ssued -- is 9 limited as £ar as its issuance. It is issued on the basis 1Q that this third £loor attic area will not be used for rental 11 property or £or any unacceptable use under the present 12 zoning classification for that neighborho�d. 13 Also, it is my understanding that the permits would be 14 granted on con3ition that the cooking £acility that is 15 presently in this thiro £loor attic area be oisconnected 16 because at this time w:�at makes this unit in violation of 17 the present zoning orainance is that it is zoneo for sinqle 18 Pamily and by the fact that this unit or is classified as 19 a unit because it has the separate sepsrate bath- 20�� room, separate washer and dryer and living room and befiroom, 21 that it composes a unit and makes it a duplex or something 22 f) other than a single family dwelling. � 23f� I£ the Defendant disconnects the present cooking 24I� £acilities, which I understand are electric stove and overs, 25 and puts a metal plate over the plug in receptacle, that RAMSEY COUNTY MUNICIPAL COURT � 1245 Court House St. Paul, Minnesota 55102 -4- �� , l� � � � 1' 2 3 4 5 6 7 8 9 1� 11 12 13 14 15 16 17 18. would keep this reconstruction project from their classifica- tion as a unit; ano, therefore, it wouldn't be in violation oP the ordinance. However, if at any time Mr. Terry McGraf either rents this prpperty or reconnects the stove an6 has someone living up there and cooking, he would be in violation of the present ordinance and zoning ordinance unless he has reached some type of variance with the Zoning Committee. Tha� is my summary of what our agreement is. Iie will be entering a plea and he will disconnect the stove and apply £or a permit, and this would involve a certain amount of inspections on the job site. He will apply for the prop2r permits and the permits would be issued by the City on condition that the property is not used £or any other purpose THE CO'JRT: Is that your understanding, Mr. Scanlan? MR. SCAI3LA^S : TiiE COURT: Yes. Is that the 19 agreement which you have negotiateo the plea? 20 MR. SCANI�At3: Yes. L� 22 23 THE COURT: The Defendant is pleading.guilty based on those negotiations? MR. SCANLAN: Yes. 24 THE COURT: Also negotiated z5 that this would be put on the deferreo calendar for a period RAMSEY COUNTY MUNICIPAL COURT � 1245 Court House St. Paul, Minnesota 55102 � ��, . -5- �� _ �� , 2 3 4 5 6 7 8 9 1� 11 12 13 14 15 16 17 18 19 20 u 22 23 24 25 o£ six months? MR. SCANLA.N: Yes. MR. MCCdRMICR: I requested originally for a one year period. MR. SCANLAN: I would request six months. THE COURT: What did you stipulate to? MR. SCANLAN: We didn't st�:pulate to limit o£ time. MR. MCCORMICK: A reasonable period. THE COURT: I will decide. It will be nine months. I get to aeci3e something. It will be nine months for these particular requirements and obligations to be fulfilled. At the end o£ the nine months perioo, the building inspector will notify the grosecutor as to whether these have been fulfilled or not. If they have been £ulfilled, then the matter will be dismissed as prescribed by Statute, and there will be no further appearance in Court needed. If they are not fulfilled, then the Deferrdant will have�to come back and show cause why he should not be sentenced. (Hearing concluded.) RAMSEY COUNTY MUNICIPAL COURT � 1245 Court House Si. Paul, Minnesota 55102 � , � z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 u az 23 24 25 � STATE OF MINNESOTA COUNTY OF RAMSEY �� I, James Thiewes, OffiCial Court Reporter, do hereby certify that the above transcript is a true and. complete transcript of my shorthand notes taken the above entitled matter before the Honorable John J. Kirby, Rams�y County Judge, at St. Paul, Minnesota, on April 1981. RAMSEY COUNTY MUNICIPAL COURT 7245 Couri House� St. Paul, Minnesota 55102 Valerie G. Blatnik-Sigel and David Sigel 2775 Lexington Avenue, #117 Roseville, MN 55113 August 11, 1997 Councilmember Roberta Megard 310 City Hall St. Paul, Minnesota 55102 c�� _ �� IMPORTANT -- PLEASE READ BEFORE AUGUST 13 CITY COUNCIL MEETING! Re: CONDEMNATION of 3rd Floor Apartment at 772 Lincoln Avenue, St. Paul Dear Councilmember Megard, We are writing to provide information we feel that you and the other City Councilmembers must consider in reviewing Mr. Terry McGrath's appeal of the condemnation order for the third- floor apartment at 772 Lincoln Avenue. We rented the apartment at 772 Lincoln Avenue from Mr. McGrath from June 1995 until August l, 1997, when we were required to move out of the apartment pursuant to the July 17, 1997, Condemnation Notice and Order to Vacate. We are concerned that the Legislative Hearing Officer who heard Mr. McGrath's appeal of the condemnation order on August 5 was given inaccurate and misleading information about the nature of the property at 772 Lincoln Avenue and about the condition of the apartment there. Cited Code violations. The July McGrath cites rented at 772 deficiencies, condemnation a Council. 16, 1997, condemnation letter addressed to Mr. eleven separate deficiencies of the apartment we Lincoln Avenue. (See Letter, Tab A) These we understand, must be corrected before the nd vacate order will be removed by the City Mr. McGrath addressed the deficiencies at the hearing before the Legislative Hearing Officer and submitted two letters -- one �,� _ io �7 from an electrical contractor and one from a plumbing contractor, attesting to the lack of code violations. We were not present at the hearing. However, we requested a cassette tape of the hearing, which we have listened to. A copy of the tape and the transcript of the hearing are attached at Tab B. We urge you to consider the following information in deciding whether to stay Mr. McGrath's appeal of the condemnation of the 772 Lincoln Avenue apartment. We are very concerned that the apartment was not -- and, indeed, still may not be -- in conformance with health and safety codes applicable to rental property. We are also concerned about the well-being and safety of other tenants who may rent the apartment from Mr. McGrath in the future. Violation #1 - Zoning violation. The first of the eleven violations listed in the condemnation notice states that the apartment is not an approved unit because it does not conform to zoning restrictions and that action to increase the property from a single family resident to a duplex was denied in 1982. Mr. McGrath testified at the hearing before the Legislative Hearing Officer that there is no separate second floor unit at 772 Lincoln Avenue and that the property is a single family home and not a duplex (See Transcript pgs 1-3, 9, Tab B). The Legislative Hearing Officer apparently was confused about whether the property was a single family home or a duplex because he asked Mr. McGrath specifically three separate times about it. (See transcript pgs 1-3, and 9, Tab B) Mr. McGrath stated each time that the property either was a single family home, a single unit, or was not a duplex. (See transcript pgs 1-3, and 9, Tab B) The apartment at 772 Lincoln Avenue is, in fact, a separate unit. We rented the apartment on the third floor from Mr. McGrath through his property management company, McGrath Properties, from June 1995 until July 1997. Attached at Tab C are copies of our leases. The front page of the lease clearly states that the lease is for "THE THIRD FLOOR APARTMENT OF 772 LINCOLN AVENUE, ST. PAUL, MN." We paid McGrath Properties a security deposit of $895.00 prior to moving in. Our rent for the first year was $895.00 per month; it was $925.00 per month for the second year. The last three months we lived there Mr. a�,Eo�� McGrath required us to pay $962.00 a month (a 4°s increase) as we rented the apartment on a month-to-month lease. The apartment has its own separate outside entrance with a separate keyed lock. During the more than two years we lived there, the apartment had a kitchen furnished with a working stove, refrigerator, and dishwasher. It also has a dining room, living room, two bedrooms, bathroom, loft, clothes washer and dryer, and a self-contained furnace. We paid our own utility bi11s directly to Northern States Power. We also paid our own phone bills and had separate mail delivery. Mr. McGrath, his wife and daughter live in the first two floors of the property and have outside front and rear entrances into the property which are separate from the entrance to our apartment on the third floor. We do not have any relation to or know the McGraths apart from the fact that Mr. McGrath is our landlord. Mr. McGrath also testified before the Legislative Hearing Officer that in 1982 he was involved in a court case in which the judge ordered him to disconnect the stove of the apartment at 772 Lincoln Avenue. Mr. McGrath testified that, although he was required to disconnect the stove, the judge told him the tenants who rented the space could remain. (Transcript pg 2, Tab B) Attached at Tab D is a copy of a hearing transcript of the matter Mr. McGrath apparently is referring to, which shows otherwise. The transcript indicates that Mr. McGrath was prosecuted in Ramsey County in 1979 or 1980 for completing reconstruction of the third floor of 772 Lincoln Avenue without first obtaining the proper building permits. (See Transcript pg 2, Tab D), According to the transcript, Mr, McGrath's constructions plans were not approved because Mr. McGrath was believed to have been constructing a separate unit on the third floor at 772 Lincoln. (Transcript pg 2, Tab D). The issue came to the attention of the City because neighbors complained about the construction and the proposed use of the third floor. (Transcript pg 2, Tab D) Mr. McGrath pled guilty to the charge but was not sentenced at that time �ause he agreed to disconnect the stove and to never use the reconstructed third floor for rental �urposes (Transcript pgs 3-4, Tab D). (See also notes taken by an inspector of the Housing and Building Code Enforcement Division, attached at Tab E, of a phone conversation with the McGraths in 1979 in which the McGraths a� - t� �� stated that they were not converting 772 Lincoln Avenue into a duplex for rental income.) Violations #2 and #3 - Hazardous electrical system and furnace At the hearing before the Legislative Hearing Officer, Mr. McGrath submitted two letters from contractors attesting to the good condition of the electrical system and the furnace. The L�islative HearinQ Officer based his recommendation that the condemnation be lifted in large �art on these two letters (See Transcript pg 8, Tab B) We think it is important that you have the following information about the letters. The letter dated August 5, 1997, from Crocus Hill Electric Company states that an inspection of the apartment was conducted on July 27 and that the electrical system was found to be in unusually good condition. (See Letter, Tab F) The letter also states that "the JenAir stove fan wasn't working because the stove was disconnected." Mr. McGrath owns Crocus Hi11 Electric Company, the electric company which conducted the inspection. The statement in the letter that the stove was disconnected simply is not true. During the more than two years that we rented the apartment the stove was connected and was in working condition. In fact, Mr. McGrath provided us with two additional burners to replace the grill section of the JenAir stove so that we would have four burners. We used the stove to cook on a daily basis and to clean the oven the clay we vacated the apartment on August 1. The August 4, 1997, letter from Bonfe's Plumbing Service and Repair, Inc., states that an inspection of the mechanical and plumbing systems was conducted on July 22, 1977. (See Letter, Tab F) We are not aware of any such inspection. Valerie was home all day on July 22 recuperating from emergency appendectomy surgery she had on July 20. The only persons who entered the apartment on July 22 were Mr. McGrath and his son-in-law, Emil. Both looked at the furnace and then left. Apart from the letters, the most important issue is the actual condition of the electrical system and furnace themselves. The housing inspector cited both items as being in hazardous condition and not up to code. Mr. McGrath testified at the Legislative hearing that he did not hire anyone to correct these violations, arguing apparently that no such corrections needed to �1'1- �o �� be made. (Transcript pg 10, Tab B) The photographs of the furnace and the electrical system attached at Tab G, taken on July 23 -- one day after Bonfe Plumbing's alleged inspection on July 22 -- show the inadequacy of these areas and speak for themselves. Violation # 4- Lack of proper segaration between the second and third floors. The Legislative Hearing Officer was confused about violation #4 in the condemnation notice -- the lack of proper separation between the second and third floors. Mr. McGrath testified that the property was not a duplex but a single family home, leading the Hearing Of£icer apparently to wonder why the separation issue was an issue at all. (See Transcript pg 9, Tab B) The housing inspector testi£ied that he cited the apartment for improper separation because the door separating the second and third floors of the property is improper and because there is no second access for evacuating the apartment in case of fire. (Transcript pg 8, Tab B) The Hearing Officer was apparently satisfied with Mr. McGrath's testimony that the property was a single family home, and not a rental unit, and did not pursue the matter further. It has been recently brought to our attention that health, safety and fire codes for rental units differ in significant respects from codes for single family homes. We strongly urge the City Council to explore this issue and to satisfy itself that the apartment is in fact in compliance with local and state fire codes applicable to rental property. Vi�ation #s 6 and 8-- Leaking roof and improperly insulated chimne� The final two items we want to call to your attention relate to the leaking roof in the front hallway and kitchen and the improperly sealed chimney in the laundry room. Mr. McGrath testified before the Legislative Hearing Officer that there was a"very minor amount of water damage" in the front hallway and kitchen ceilings. (Transcript pg 5, Tab B) In fact, he stated that the water damage "was so minor that it didn't require anything other than bin to take away the stain." (Transcript pg 5, Tab B) (See Tab G for pictures of the water �i� damage in the front hallway and kitchen ceilings taken on July 23, 1997.) We were very concerned about the water damage, and notified Mr. McGrath about it in 1996, because the water stains were directly around a recessed lighting fixture in the front hallway and near another light over the stove in the kitchen. Mr. McGrath never repaired the damage. On July l, 1997, during one of several storms that hit the Twin Cities, water poured through the recessed light and was so strong that it blew out the light bulb. Water was also dripping through the ceiling near the light over the stove_ The intensity of the water -- in particular the water leaking from the recessed light -- was so strong that we filmed it on video. We have a short segment of the video which we would like to show at the Council meeting on Wednesday. We notified McGrath Properties of the water damage on July 2. The leaking ceiling had not been repaired at the time the apartment was condemned on July 17. Finally, with regard to the last issue, the improperly sealed chimney, Mr. McGrath testified before the Legislative Hearing Officer that the area surrounding the chimney was an area "smaller than [his] £ist." Attached at Tab G is a photo of the chimney area in the laundry room taken on July 23, 1997. The photo speaks £or itself. The past few weeks since our apartment at 772 Lincoln Avenue was condemned have been emotionally, physically, and financially difficult for us. We have had to relocate with less than two weeks notice and put most of our household furnishings in storage. Most of all, we're extremely upset and distraught to know that we signed a lease in good faith to rent an apartment that was in dangerous condition according to the Department of Health and Safety, and never apparently should have been rented in the first place. We urge the City Council to stay the condemnation of the apartment at 772 Lincoln Avenue until the housing, building, fire, and zoning departments have inspected the apartment for compliance with local and state codes and ordinances applicable to rental property. ct�-[��? We will be attending the City Council meeting on Wednesday, August 13 and look forward to answering any questions you may have then. Thank you very much for your time and consideration. � ncere y� � 7 � �� -� ��a David Sigel and Valerie Blatnik-Sigel cc: Steve Schiller, City of St. Paul, Public Health Code Enforcement Programs Wendy Lane, City of St. Paul, Department of Zoning City of St. Paul, Department of Building Inspections, Permit Division � � CTtY OF SAWT PAUL Norm CoJeman, Mayo� SI+INT PAUI PUBUC HEALTH Nsd Xofrmt AiD.. MP.H.. Dinc+o� � y' � l r� 1 � CODE FJJi17RCEMFX! PROGRfMS67Z-291-T/�1 SSS Csdar SMtt Saau Pad AA' SSI01-I260 NOTICE OF CONDEMNATION AS UNFIT FOR HUMAN HABITATION AND ORDER TO VACATE July 16, 1997 Terry & Jane McCrrath 886 Jefferson Avenue St. Paul, MN 55102-28Q2 Deaz Sir or Madam: Terry 8t 7ane McGrath 772 Lincoln Avenue St. Paul, MN 55105 The City of Saint Paul; Public FIeaith, Code Enforcement Secaon has determined that the dwelling and premises at 772 Lincoln Avenue (Unit #2) is "Unfit for FIuman Habitation". In accorrlance with Saint Pau2 Legisladve Code, Chapter 34, Sectioa 23, the premises will be placazded on Ju�q 17, 1997 and ordered vacated no later than August 1, 1997. Your attention is called to the folIowing provisions of Section 34.23, S�bsection 6 entided, "Vacation of Stcucture ot Unit": "Any residential structure or residemiai unit which has been condemned or pIacarded as unfit for hnman habitation shall be vacated within the time set fo� in the glacard andlor order. It shatl be unlawful for any person to 2et to any person for human habitation anY structure or unit so condemned or placarded, and no persoa shall occupy the structure or unit after the date set forth in the piacard andlor notice." TffiS DWELLIl�IG SHAT.L NOT AGAIDI BE USED FOR HUMAN HABITATION LJNTII, WRLTTEN APPROVAI. IS SECURED FROM THE CTTY OF SAINT PAUL; PUBLIC HEALTH, CODE ENFORCEMENT SECTION. �► - ' . . �ln 1 �� 772 L'mcoln Avemie Jnly 16, 199? Page 2 prlmeipal Violat[on�: These deficiencics must be cosected before this condemnation and vacate order will be removed. 1. The sscoad floor unit is an unapproved unit. It does not conform to zoning restcictions. Action to increase from a singie family resident to a duplex mas demed in 1982 and has never been approved since. 2. The electrical system inside of Unit �/2. is in hazardous condition, and is not up w National Flectrical Code svaaadazds. The fiunace in Unit !12 is in hazardous condition and is not up to code. 4. There is no proper sepazation between tlte third floor and the second floor of this house. 5. The outside wood stairs and floor deck axe deteriorated. 6. The roof is leaking into the kitchen and front haliway. There is missing waiis and ceiling plaster in. the furnace room. g, Tb� ceiling around the insu]ated chimaey in the laundry room is not sealed properly. 9. The kitchen floor covezing is not secured. i0. The stove vent fan is not working. il. The bathroom vent fan is not working. OtLer wnlations: These deficiencies must be conected in order to bring this propeity imo compliance with the Saini Paul I.egi�lative Code. NONE LiSTED Authorization to reoccupy this�these dwelling unit(s) will not be given nntil it is dennonstrated r1�at all principal violations have been correcoed and tbat no new conditions exist which could constitute material endangerment or which threaten the peace, health, safety or aelfaze of the occupantc of tLis building. � r � _ �a �� 772 Lincoln Avenue July 16, 1997 Page 3 All repaix� and new instaliations must be znade in accordance with the appropriate codes. Peamit iaformation v�ay be obtained from the Building Inspection and Dtsign Section, 350 St� PeLes SaEet, Lowry Professional Bidg. �300, (612)266-9090. You may fiie aa appeal to tlxis notice by contacting the City Clerk's O�ce at 266-8989. Any appeal must be made within 10 days of the date of this notice. It is the respansibility of the property owner to keep all buildiags secured and w propetly maintain the premises at all rimes. If you have any questions concerning tbis matter, please contact the Inspector, STEVE SCHII.LER, between 8 :00 and 9:30 a.m. at (612)292-7971. incerely, � � Charles A. Votel program Slipervisor Public Health Code Enforcement Programs CAV:msg cc: Ramsey County Assessor's O�ce Public Housing Agency Housing Infoimation Office Community Stabilizatioa Project UHfi2-93 � � �°�� a �� N�ptE^ Cp:+? n Vp �m ��A� r,e+� ?' �o � � p � � 0 1.� � n m � O � n � w � � � N � • � m � H � � a � d � rb � � � � � � � C �U � � � 0 � 0 � � r � � � y � C � � � � � � � � � � h H � � x H O � � d 0 0 b o a � c o�c�� o d � Cz n O �''' � , �y � G �j C r.�.� r' O z C ro � � � � � � v x � � � H � �� ' z n � b � Z � � � � O � c`j c � -� � � � d �� F z�� n o z � � � � � � l'�A � :=� , a � � � Q � O � °� � � � t� ��z� �� ° � S � � � � � � \) l] 0 � a 9 p O O 2 � � � O ,�,� � � � m � 0 � O � O � � a � � � � � � c� d � x � � r � z n � � � � � x � - � � rn g z Q d � �, a�a , �) �+ 0 � � �, � O C � �.: O � � � d � � � x � 0 � � ` 0 � � 2 > � � � r,; c� i � S ►� •� ,� � � �7 � m r �� 3 �� b > 1 � 1 G � � � � � i� � � � � �„yinr' a>o�� i �� {t1AAl1� City of Saint Paul Public HeakL Cade Enforcemcnt Yrogams 292-�7�1 �� Any person affected by this Order to Vacate may file sn appeal at tLe Office of the City Clerk, Room 170 City HaWCourthoase, (612)256-8989. The cost to file an agpeal is S25•00 aad must iaciude a copy ot the letter of condemuation. 1'his letter is available at; Saint Paal Public Health Code Enforcemont Programs Ofiice Number 211 SSS Cedar Street Saint Paal, Minaesota 55101-2260 612) 292-7171 At the time an 9ppesl is filed, a hesring date be£ore the Legisiative Hearing Of�icer and the Saint Paul City Conncil wiU be scheduled. Th� Saint Yaul Legislative Code; Ch�pter 18, requires s11 appeals to be filed within ten(10) days after the date of the original notice. � F � � i �O � \ AUGUST 5, 1997 CONDEMNATION APPEALS HEARING FOR 772 LINCOLN AVENUE Legislative Officer Can we have you sign in please sir so we have your name? Thank you very much and your name sir is? Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative O�cer My name is Terry McGrath And you're the owner of this property? I didn't get your name. Jerry Strathmand. Stratmon? Pm the legislative hearing officer for the City Council. Yes. You filed an appeal to a condemnation order. You want to tell me about this? Terry McGrath The appeal is filed for the purposes of staying the condemnation order for the third floor of 772 Lincoln as being unfit for human habitation. Legislative Officer Terry McGrath Okay. In the principie violations, the -- it states in writing "the second floor unit is an unapproved unit." There is no second floor unit. It is -- it does not conform with zoning resri Action to increase from a single family dwelling -- single family residence to a duplex was denied in 1982. It has never been approved since. There was never an application to have it 1567167 1 � �l � - �° �� Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath 1567167 increased. There was, however, in 1982 a court case where the judge ordered that the stove be disconnected and that the occupancy could remain. As a single occupancy. As a single family home but the tenants that rented the space could stay there. The stove needed to be disconnected. With respect to item no. 2-- no. 2 states the electrical -- or the electrical system inside of unit no. 2 is hazardous condition and is not up to national electric code. I gave you the wrong one. This is plumbing. Yes. That's the heating and plumbing. I'm probably going to need this. Yes. Pll just hang on. There's a inspection report, it speaks for itself. Okay. Let me just be clear about one thing. There's a little confusion here. We're talking about unit no. 2 and we're talking about the third floor. How is this building configured? The first two floors are one unit and the third floor is the second unit? The first two floors aze -- well the house is one dwelling unit. There are occupants who live in the third floor of the space -- 2 V oE� �o�� Legislative Officer Terry McGrath Legislative Officer the third and the fourth floor. Third and the fourth floor. Right. But the entire dwelling is one. Terry McGrath Is a singie family home. Legislative Officer Single family home. Okay. What I'm confused about and perhaps we'll get this straight here in a second. When the inspector's making reference to unit no. 2, do you know what he's talking about? Terry McGrath Well, Pm only assuming Legislative Officer Well, again Terry McGrath he's talking about the third floor. We can ascertain that from Legislative Officer Terry McGrath Legislative Officer Terry McGrath him. Okay. But in your view, this is not two units. This is one unit. Right. Okay. The number 3 item -- the furnace in unit no. 2 is in hazazdous condition and is not up to code. I think the inspection report from the mechanical contractor deals with that. Legislative Officer Again Pm confused and perhaps I'm not asking the right person but there's two fiunaces in this building? Terry McGrath There aze three heating units in this building. 1567167 3 � �1 � - � Legislative Officer Okay. So Terry McGrath Two, two that take caze of the first and second floor. There is one that takes caze of the third and fourth floor and it is on the third floor. Legisiative Officer Terry McGrath Legisiative Officer So there's one probably in the basement that does the first two floors. Two in the basement. And there's one on the third floor that does the third and fourth floor. Terry McGrath Right Legislative Officer Okay. Terry McGrath And the letter from the mechanical contractor deals with no. 3. No. 4-- there's improper separation between the third and second floor of this house. There's never been --I have no idea knowing what they would call proper sepazation. The -- Legislative Officer We'll find out later. Terry McGrath Legislative Officer Yea. The outside wood stairs are in deteriorated condition which is not irue. Okay. Terry McGrath The roof is leaking into the kitchen and front hall way and in the storm on the i st of July, a tree branch came down and ended up landing on the roof, putting a small hole neaz a valley where it 1567367 4 �1 _ ��i� did create -- by the chimney -- it did create some minor amount of water damage. That, of course, has been fixed and the very minor amount of water damage along the chimney and in the valley azea has been painted. It was so minor that it didn't require anything other than bin to take away the stain. Didn't require any re-sheetrocking or even fixing up any sheetrock. There is missing walls and plaster in the furnace room and this does not constitute a health hazard and to accommodate the inspecting body when I talked with him about it, we did have -- in the furnace room -- smaller -- where you stand — the fumace room is smaller than the top of this tabie. We did have that sheetrocked to accommodate him even though it was a no violation of the codes. 7 or 6-- the roof is leaking. That was taken care of. Furnace room 7-- we dealt with that. The ceiling around the insulated chimney in the laundry room is not sealed properly. Again, this is a triple metal bestos ceiling flew liner and it had an area smaller than my fist that was not -- the patching and everything was not sealed up tight and that, of course, was done. That doesn't again constitute any code violations. The kitchen floor covering is not secured. This is relatively new kitchen floor that was put in a couple of yeazs ago. It -- where it abuts a brick chimney, there was no quarter- isenc� 5 ', a�l - �° �� Legislative Officer Terry McCrrath Legislative Officer Terry McGrath Legislative Officer Terry McGrath Legislative Officer Steve Schiller 1567I67 round or molding and it just very slightly lifting there and so we had three feet of quarter- round molding nailed down. It wasn't The stove vent is not working. That is dealt with the inspection of Mr. Kirkland, master electrician, in the letter. And the no. 11 is the bathroom vent fan is not working. That also is dealt with. Okay. All 11 of these here specific violations -- none of them constitutes health hazard -- There, there are two codes invol� here, sir though, One of them is indeed the health and safety code but also the City of St. Paul has a property maintenance code which does include requirements that are not necessarily health and safety related but The safety -- health and safety gives them condemnation rights - - the other doesn't give them condemnation rights. Let me here a little bit from the inspectors and we'll come back to you. All right. Have you been there recently? I was there yesterday morning to G �f'?- f�� Legislative Officer (?) Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller ThaYs recent to see if the placards were still up and if the tenants had moved. The previous tenants had moved out and the placazds were still up on the property and I inspected the outside deck area and had a look at an outside outlet that now had a plastic cover box on it. Electric outlet. But you didn't do an internal inspection. � The -- A--I'm -- A-- The -- A-- Could you -- I'm a little confused about the order to -- condemnation orders unfit to habitat. None of these violations -- even if they had not been repaired -- normally rise to the level of condemnation. Is it because of the occupancy or what's? Occupancy is listed as no. 1 because iYs an issue, as I understand it, that hasn't been resolved since 1981 or possibly 1982. The electrical system when I was there -- there were quite a few problems with it -- I have no idea what report you have there in front of you or when that report was done. Let's take a moment and read them over. Okay. The only thing I can say far both of these is that there -- leYs see -- the electrical system we have the report dated August 5 and I did the inspection on July 16 for both of these things and tse�te> > 7 a? -(a �� Legislative Officer Terry McGrath Steve Schiller Legislative Officer Steve Schiller the other one was for the plumbing was done on August 4. So there was a nuxnber of days that the owner was awaze that there were problems in the electrical system and in the heating system and repairs might have been made prior to these licensed contractors coming in and there's no way I have of knowing what was done or not done. ThaYs fine. But however iYs repaired. Those wou(d indicate that is no longer a problem. I would only like to indicate for the record that it states the date that the inspections took place aze not August 4 or 5. Those aze the dates the letters were written. The dates of the inspections were the 22nd and the 27th. The 27th and the 22nd are still 10 days and a few more of that from July 16. But it really doesn't matter. The point is -- if we have letter from licensed people saying iYs in compliance then -- whether it was or whether it wasn't doesn't matter -- apparently currently is and that's the issue. What about the other items on here that a -- I'm confused about no. 4. No proper separation. Okay. There is only a curtain between the second floor and the third floor that separates them. There is no door there and there is no fire access second way off the third floor of this unit. 1567167 g '� �1��°�� Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Terry McGrath Legislative Officer What we have here -- trying to get to the core of this issue and iYs not real easy -- is iYs your view that this is a duplex essentially. That's correct. And that half of iYs being rented out and half of it is owner occupied. Is that right. Conect And, sir, iYs your view that it's not a duplex. It's a single family dweiling? It is a single family dwelling. And there is a door separating the third floor. At the top -- at the bottom of the stairs is a door and the top of the stairs because the person who Iives there chose to put up a curtain there is a curtain going across there because he didn't want, guests or anybody who came in to look at some boxes and stuff he had stored on a little shelf he built along the stairway area. Um, well, I'll tell you in I'd like to hear from you any more about this -- but I'm having -- given the information that we know have, here today, whatever the situation might have been on July 16, Pm having a hard time seeing a basis for a condemnation unfit for human habitation. Is there something I'm missing? 1567167 1 9 �7 -�°�� Steve Schiiler Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller Terry '_�IcGrath Steve Schiller Well, first of all, you have a zoning violation. You have missing cover plates inside on your electrical system and outside on your electricai system. You have fans that don't work in the bathroom and on the stove. Don't we have a letter from an electrical contractor saying that those have been repaired? But, I-- he has not sent me these letters. But we have them now. This is the first time that I've seen them. So I can only go by what I saw on the site. Okay. I wasn't notified that another inspector was coming in and so I have no idea what was repaired in the meantime. So there were violations in the electrical system, in the heating system, in the chimneys at that particular unit no. 2. What specifically are these violations? Because we didn't hire anybody to come in to do any correcting of the violations. You can see the inspector -- it was placard on the 18th. Was that correct? And with respect to the plumbing inspector inspected the premises on the 22nd. The decision on when a building is placard is up to my supervisor, Charles Lotell. It's not my decision. ubne� 10 � �r�-(ol� Terry McCrrath Steve Schiller Terry McGrath Legislative Officer I understand but that's -- that was the first time that I knew anything about this when the placard was -- Well I don't know that because I have July 2letter here that was f�ed to me by the previous inspector -- previous tenants that lived in unit 2 dated July 2 listing four items that still hadn't been corrected. Would you read no. 2. Wait -- we need -- just a second -- we're -- this is not getting us where we need to go. I'm very concemed about whether there was or wasn't basis for condemnation. The issue I'm concerned is there now or is there not now basis for condemnation. Based on the appellant's representation, it would seem that there is no longer, if there ever was, a basis for condemnation. What we need and he's provided some evidence that would suggest that if there were problems they've been corrected. It seems to me that whaYs in order here is a second inspection to determine whether there is today a basis for condemnation order and because the appellanPs representing to us that the situation has dramatically changed or whatever. So it seems to me that the way to proceed with this is to have another inspection and if that inspection identifies hazazds that would make it dangerous to occupy then we should deal with that. But I must say that if, -- if what the j IS67167 1 1 �� _ �a t� Steve Schiller Legislative Officer Steve Schilier Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Wendy Lane Legislative Officer appellant is representing is true then it doesn't seem to me that there is a basis for condemnation order. Yes. Well then how do we address the issue of what the zoning is in that particulaz neighborhood? I'm not -- I don't pretend to be an expert on zoning but it doesn't seem to me that condemnation is the normal first course when there's a zoning violation. It wasn't the only tlung that was listed. I know that but if -- But it's an issue that I have to figure out. It's -- I've listed it in my paperwork. My supervisor has okayed it as part of this letter that went out to the owner. I understand. Now how do I address it when every indication is from records from the leap section in St. Paul that the zoning issue has not been dealt with? Well, let me taik to somebody who knows an expert on zoning here but I've heard a fair amount of zoning disputes but I don't remember properties being condemned and people being evicted because something's not zoned properly. If I could address that Please. 156716i I12 �'l'1 La l 7 Wendy Lane Legislative Officer Wendy Lane Legislative Officer Terry McGrath Steve Schiiler Terry McGrath Legislative Officer Legislative Officer I'm Wendy Lane with the -- the zoning manager with the Office of Licensing and Inspections. We don't have any condemnation authority under the zoning ordinance. But on the other hand, I would hate to have one section of the City teil a property owner that it's okay to have a second unit when another section of the City has cleazly made -- has cleazly said that a second unit is not allowed heaz. Yeah. I'm not -- I'm not suggesting that that if this is improperly -- if this is a zoning violation -- either it is or it isn't and there's a form for dealing with that. But it doesn't seem to me that a condemnation order is the normal way that one deals with a zoning problem. Isn't that. ThaYs conect. That's an accurate situation. Well, I am concerned about verification that the changes that you need to be -- have been made -- have in fact been made. This -- Rumor -- Video ofthe issues Well okay but I don't know if it's going to help me. VIEWING VIDEO Is this going to take long? 1i6716'l 13 �•� _ f�f� Terry McGrath Legislative Officer Terry McGrath Legislative Officer Steve Schiller Terry McGrath Steve Schiller Legislative Officer Steve Schiller 1567167 � No. About three minutes. MUMBLING DURING VIDEO Okay. Well that's enough. I'm -- Based upon the information thaYs been provided from the contractors with respect to the mechanical systems, the plumbing systems, and the electrical systems, I can't support the finding that this building is unfit for huxnan habitation and therefore I'm going to recommend to the City Council that the appeal of this order of condemnation be granted. The matter will be before the City Councii for final verification or ratification a week from tomorrow at 4:30 in the afternoon. And I would encourage the interested parties to be there but I'm going to recommend to them that the appeal be granted. Thank you. Yes. Since you know, I have no idea what was on the video or not on the video. You can look at it if you wish. I would like to submit at least copies of the files -- the partial file that is at the leap section in regards to point no. 1. Right. I understand. And to have you review them before you make your final 14 ��- �al� Legislative Officer Steve Schiller Legislative Officer Steve Schiller Legislative Officer Steve Schiller Terry McGrath Legislative Officer decision. Well, I've made my final decision. But I would certainly present it to the City Council next week. Okay. I would stiil like them entered for the record. I can't enter it now. Sure. We'll take it. Okay. IYIl go into the file and it'll go on to the City Counciimembers. Okay. Thank you. You're welcome. 1567167 1 I S Or`�c��'t�q` MCGRATH PROPERTIES 8777EFFERSONAVENUE ST. PAUL, MN 55102 612-22I-0261 X ONE YEAR LEASE AGREEMENT LEASEE: DAVID A. SIGEL AND VALERIE G. BLATNIK RESIDENT (S): ADDITIONAL OCCLIPANT (S): NONE PROPERTY ADDRESS: TI� THIRD FLOOR APART'MENT OP 772 LINCOLN AVENUE, ST. PAUL MN RENTlMONTH $895.00 ('�'� - � SECURITY/DAMAGE/CLEANING DEPOSIT - $895.00 STARTING DATE: 6-I-95 ENDING DATE: 5-31-96 NOTICE FERIOD 60 IIAYS UTILITIES INCLUDED IN RENT: UTILITIES PAID BY RESIDENT X WATER X RUBBISH REMOVAL X ELECTRiCITY X GAS Owner and resident agree to the terms oC this agreement and any attachments that may be made a part of this agreement on this 13TH day of API2II,. 1995 � � 1� i 1 L-` � DATED: 3 TERMS OF THIS AGREEMENT •I 7��IIY 1. PAYMENT: Resident will pay owner the full MONTHLY RENT on or beCore the first day oC each monUt during the term of this lease. Resident wili make his check payable to "McGrath Properties." 2. RENT AFTER EVICTION: [f resident is evicted for violating this agreement, Resident mnst still pay the monthly rent until the earlier of: (I) the date owner re-rents the apartment, (ti) the ending date, or (III) the date the next notice period ends. 3. RENT INCREASES: The monthly rent may be increased as provided in paragraphs li and 16 of this agreement. �,� _ �o �� 4. LATE PAYMENT AND RETURNED CHECK CHARGES: Resident wili pay owner an additional 25.00 if resident has not paid the full monthly rent by the Sth day of [he month. Resident c�ill pay owner a fee of $I5.00 for each of residenPs checks that are remrned to owner unpaid. USE OF Tf� APARTMENT 5. OCCUPANCY AND USE: Only resideni and the addiuonal occupants listed above may live in the aparfinent. No other persons may live in the apartment un[il resident has received ow•ner's written consent. Resident will use the apartment only for residential purposes; Resident will not operate a day care center or engage in other business activity in the apartment. 6. SUBLETTING: Residents may not lease the apartment to other persons (subleq, or assign or sell this agreement, without owner's prior written consent. 7. PETS AND WATERBEDS: Resident will not keep pets or animals of any kind or waterbeds or any othe� waterfilled fumiture, in the apartment without owner's written consenL Resident will comply wit� any size, quantity, ins�'uance or other requirement owner may impose as a condition of giving owner's consent. *SEE PARAGRAPH 27. 8. RESIDENT, OCCUPANCY AND GLIEST CONDUCT: Resident, the additiona( occupants and residenYs guests: (I) will not act in a loud, boisterous, ucuuly or other manner which dis[urbs the rights of other resident, cecupants and their guests to peace and quiet: (II) will not use the apartinent in any illegal or dangerous activity, (III) will not interfere in owner's management and operation of the properry; and (I� will comply with ali policies and procedures owner estabtishes from lime to time. CONDITION OF APARTMENT 9. OWNER'S RESPONSIBILITY: Owner will (I) keep the apartment and all common areas of the PROPERTY fit for residential use: {II) make all necessary repairs to the apartment �vithin a reasonable time after resident's written request unless the damage was caused by intentional or negligent conduct by resident, the additional occupants or residenPs guest: and (III) keep the common areas clean and in good condition. 10. RESIDENT'S RESPONSIBILITY: Resident, the additional occupants, and resident's guests: (I) will not damage or misuse the apartment or waste any utiliry ownar provides: (II) will not pain[, wall paper, decorate or structurally alter the apartment without owner's prior written consent: (III) will keep the apartment clean: (I� will give owner wri[ten notice of all necessary repairs; (V) will inform owner when resident leams of any condition which is dangerous, unsafe or which may damage the apartment or waste utilifles owner provides; (VI) will leave the apartment in good condition, other than ordinary wear and tear, when resident move from the apartme�t: and (VII) will not remove any furnishings or 6x[ures owner supplied without owner's prior written consent. 11. SUBSTANTIAL DAMAGE OR DESTRUCTION OF APARTIvfENT: IP the apartment or property is destroyed or damaged such that the apartment is unfit to live in, owner may cancel this agreement and is not required to rebuild or restore the apartment [f resident, the additional occupants and residenPs guests did not cause the desiruction or damage and owner chooses !o cancel this agreement, any rent resident has paid in ach�ance will be prorated, and the part for the canceled period will be refunded to resident. SECURITY/DAMAGE/CLEANRQG DEPOSIT 12. RESIDENT'S RESPONSIBILITY: Residen[ wilL' (I) deposit with owner the amount of the SECURIT'Y(DA1�IAGE/CLEANING DEPOSIT; (tI)give owner proper notice of residenPs moving from the apartment at least SIXTY (60) DAYS in advance of the date that the resident moves: (Ill) give owner residenYs new mailing address or other instructions for retum of the SECLJRITY/DAMAGE/CLEANING DEPOSIT before residen[ moves: (I� follow owner's written cleaning instructions (Exhibit A attached). remove and dispose of ail rpbbish and debris. and retum to owner all apartment, security door, garage and mailbox keys before resident moves: (� pay o�vner s cost in repairing or cleaning any damage or conditions beyond ordinary wear and tear, o�vner s costs in rekeying locks for keys resideni has not retumed, and for any unpaid renL Resident tmderstands that the SECURITY/DAMAGE/CLEANING DEPOSIT is not in lieu of the last payment oC residents MONTHLY RENT, and that owner's damages may be greater than the amount of the SECURITY/DAMAGE/CLEANING DEPOSIT. IF FOR ANY REASON THE TERMS OF THIS LEASE ARE NOT FULFILLED THROUGH IT'S TERM, YOUR DEPOSIT SEIALL NOT BE REFUNDABLE. 13. OWNER'S RESPONSIBILITY: Owner will (I) receive the SECURITY/DAMAGE/CLEADIING DEPOSIT and Lold it to secure resident's performance of this agreement; (II) caiculate interest at the rate and in mannez required by Minnesota law: (III) give resident written cleaning instrucuons after resident has given owner notice that resident will be moving from the apartmenY. (Exhibit A attached) (I� deduct from [he SECURITY/DAMAGElCLEANING DEPOSIT and any interest eamed, owner's costs as described in paragraph 12, section (�; and mail to residen[ [he balance of the SECURITY/DAMAGE/CLEANING DEPOSIT and interest, if applicable, with a written slatement oF the amounts and reasons for any deductions, within tluee weeks aRer ihe later oC the time resident moves from the apartment or gives owner resident's new mailing address and instructions for ce[urn of the SECIJRITY/DAMAGE/CLEANING DEPOSIT_ Refunds may not be picked up at the management office. D[JRATION OF AGREEMENT 14. FAII,URE TO GIVE POSSESSION: If owner cannot make the apartment available to resident on the STARTING DATE, Resident cannot sue owner for any resulting expense. Resident will not have to pay rent for the days the apartment is not available to resident. Lack of repainting or shampooing of cacpets dces not make the apartment unavailable. I5. T'ERMINATION OF TF� LEASE WITH AN ENDING DATE: If this agreement is a lease with an ending date and the resident wishes to move out of the apartment on the ending date, resident must give ownec written notice AT LEAST S1XTY (60) DAYS BEFORE JUNE 1, 1996. If resident daes not give owner the notice, or if resident stays in the apartmen[ after the ending date and the owner and residen[ have not renewed this agreement or entered into a new agreement, this agreement is estended under its original terms except: (I) the durafion shall be changed to month to month (60) da}� agreement ; and (II) owner may raise the rent. 16. LEASE HOLDOVER TO MONTH TO MONTEI TENANCE: If for any reason this [enant afler the expiration of this lease holds over and has not moved, this tenancy becomes month to month and the monthly rent, LJNLESS OTf�RWISE AGREED TO IN WRITING, becomes twice the monthly payment under this erisYing year lease. 17. MOVING OUT ON TERMINATION: Resident will move out of [he apartment not Iater [han 12:00 noon on [he date this agreement ends. Resident will be liable to owner (or ren[, wurt costs, owner's attorney's fees and other costs, if resident moves out a(ier 12:00 noon the date this agreement ends. Resident agrees to leave entire apartment clean upon termination of the lease. A$SOAO cleaning Pee will be assessed for each uncleaned appliance. OWNER'S AND RESIDENT'S RIGHTS AND LIABILITIES 18. EVICTION: Resident may be evicted immediately and without prior notice if resident viotates any terms of this agreement. Owner may bring an eviction action if resident does not move out ��-�°�� voluntarily. If owner dces no[ immediately sue or evict resident after resident riolates a term oC this agreement, owner still may sue or ecict resident for that or any other viola[ion at a later time. 19. OWNER'S LEGAL RIGHTS AND REMEDIES: If owner brings any legal action against resident, resident must pay ownei s ac[ual attomey's fees and court costs ecen if resident corrects the reason which caused the owner to bring the legal action. Owner may use owner's legal rights and remedies in any combination without giving up any legal rights or remedies owner does not use. Z0. OWNER'S RIGFTT TO ENTER Tf� APART[vfENT: Owner and owner's authorized agents may enter ihe apazunent at any reasonabie time to inspect, improve, maintain or repair tlie apartment, or show the apartment to potential new residents or buyers of the property. 21. AGREEMENT IS SUBJECT TO MORTGAGE: Owner may subjec[ to the property to a mortgage or contract for deed. resident agrees that the rights of holders of any present or future mortgage or contract for deed will be superior to resident's rigMs under this agreement and resident agrees to sign a statement to that e$'ect upon request This may permit the holder to forectose the mortgage or cancel the contract for deed and terminate resident's lease. 22. INJtJItY OR DAMAGE TO RESIDENT OR RESIDENT'S PROPERTY: Owner is not responsible fo� any injury or damage to resident, the additional occupants, resident's guests or their properry unless willfully caused by owner. Owner has advised resident to obtain renter's insurance to pro[ect against such losses. Owner is not responsible for the acts of or for any damage, injury or haan caused by residents, ffieir guests. inwders, trespassers or other persons or causes not under owner's con[rol. 23. MISLEADING REN'I'AL APPLICATION: Resident has been required to submi[ a written renYal application to owner. Owner has relied on [hat application and resident's oral statement in deciding to sign tfus agreement. Any oral or written statement which is not true or complete is a violation of this agreement which permits owner to evict resident. 24. NOTICES: Resident agrees that any single notice or demand delivered to the apartment is proper notice to all residents. Residents may deliver all notices or demands to and serve any process on owner by delivering it to or serving it on McGrath Properties at its address on Page l. of this agreement. 25. THIS LEASE IS SUBJECT TO APPROVAL BY MCGRATH PROPERTIES. 26. EXHIBIT A—CLEANING INSIRUCTIONS--IS A PART OF THIS LEASE. 27. David Sigel and Valerie Blatnik may keep their dog and cat in the unit provided the animal is quiet and dces not dislurb the other residents of the buiiding. The animals may not be in the common areas of the building or grounds without being leased. My messes left by the animals on the grounds must be cleaned up immediately. Under these condifions, David Sigel and Valerie Blatnik may keep their dog and catin the uni[. If the above criteria is not met, the dog or cat must be removed from [he premises immediately. Agreed ro this 13th April, 1995. p�eg�� Resident /W ( ��_ (013 . ,�: . CLEANING INSTRUCTIONS FOR VACATING PROPERTY Tenant will vacuum and shampoo all carpe[ing if unit is cazpeted. Tenant will vacuum and damp w�pe out all shelves, cupboards, drawers and chests Tenant will wash all floors, insides of windows, window silis, counter surfaces, and sinks. Tenant will wash and scrub lavatory, sink, and shower. Ali appliances must be scrubbed and washed. Be sure to clean oven, oven racks, broiler pan, oven drawer, drip pans, bumer rings, range hood, filter, and outside of stove. Refrigerator shelves, crisper, tra�s and outside of refrigerator mus[ be cleaned. Freezer compartment must be defrosted and cleaned, ice trays intact. The stove and refrigerator must be pulled out and cleaned underneaih. (Be careful of the vinyl floor coverings; if not done proper[y. you could gouge the flooringJ Tenant will clean all other appliances in the unit; inside and out, including dishwasher, washer and dryer. Any cleaning charges are fignred at a 515.00 an hour rate, and any damages are charged at a repair/replacement cost. A$50.00 charge wiil be assessed for each uncleaned appliance. Tenant will haul away all unwanted furnishings. Discarded furnishings will not be left at the dumpster. Tenan[ will replace all missing and burned out lamps. t � C12,q�vu�� lf Z ► MCGRATH PROPERTIES 877JEFFERSON AVENUE ST. PAUL, MN 55102 612-221-0261 X ELEVEN MONTH LEASE AGREEMENT LEASEE: DAVID A. SIGEL AND VALERIE G. BLATNLK SIGEL ADDITIONAL OCCUPANT (S) NONE • PROPERTY ADDRESS THE THIRD FLOOR APARTMENT OF 772 LINCOLN AVE.. ST. PAUL. MN 55105 RENT/MONTH 925.00 SECURI'I'P/DAMAGE/CLEANING DEPOSIT $895.00 STARTING DATE 6-I-96 ENDING DATE 4-3I-97 UTILITIES INCLUDED IN RENT UTILIT[ES PA[D BY RESIDENT WATER X ELECTRIC[TY X NOTICE PERIOD 60 DAYS RUBBISFI REMOVAL X TELEPHONE X GAS X �(� „ �O �� Owner and resident agree to the terms of this agreement and any attachments that may be made a part of this agreement on the � day of M 1996. �s'� q �rN�.• � 9 1 �I � OWI�R RESIDEN� /] 1' BY: �(, ` BY: �. �J BY: _ga1� DATED; A�,c� L �. / �Y �ll RENT DATED: �C�]:iu�ZiT�I_[eT3xxul�l.YY � a l '� �i 1. PAYMENT: Resident witl pay owner the fult MONTHLY RENT on or before the first day of each month during the term of this lease. Resident will make hislher check payable to "McGrath Properties." 2. RENT AFTER EV[CTION: If resident is evicted for violating this agreement, Resident must still pay the monthly rent until the eazlier of: (I) the date owner re-rents the apartment, (II) the ending date, or (tll) the date the next notice period ends. 3. RENT INCREASES: The monthly rent may be increased as provided in paragraphs 16. and 17. of this agreement. 4. I,ATE PAYMENT AND RETt1RNED CHECK CHARGES: Resident wil( pay owner an additional 535.00 if resident haz not paid the fu(1 monthty rent by the Sth of the month. Resident will pay owner a fee of $25.00 for each of residenPs check that are remmed to owner unpaid. If any unpaid check is retumed to the owner after the Sth day of the month, both the Iate fee and unpaid check fee will apply. PAGE 1. LEASE DATED MARCH 22, 1996 USE OF APARTMENT 5. OCCUPANCY AND USE: Only resident and [he additional occupants listed above may live in [he apattmeni. No other pe�sons may live in [he apartment until resident has received owners written consent. Resident will use the apartment only for residen[ial purposes. Resident wi(I not operate a day care center in the apartment. 6. SUBLETTING: Residents may sub lease the apartment to other persons (sublet, with owner s prior written consent.) SEE PARAGRAPH l3, SUB SECTIONS A AND B FOR TERDIS AND REQUIREMENTS. 7. PETS AND WATERBEDS: Resident will not keep pets or animals of any kind or waterbeds or any other water-filled furniture in the apartment without owner's written consent. SEE PARAGRAPH 29. 8. RESIDENT, OCCUPANCY AND GUEST CONDUCT: Resident, the additional occupants and residen['s guesis: (1) will not ac[ in a Ioud, bois[erous, unruly or o[her manner which disturbs [he rights of other residencs, occupants and their guests to peace and quiet: (I I) will not use the apartment in any illegal or ciangerous ac(ivity, ([li) will not in[erfere in owner's management and operation of the property; and (IV) will comply with ali polic�es and procedures owner establishes from time to time. CONDITION OF APARTMENT 9. OWNER'S RESPONSIBILITY: Owner wilL (i) keep [he apartment and all common areas of the property fit for residential use: QI) make all necessary repairs to the apartment within a reasonable time after residenYs written request unless the damage was caused by intentional or negligent conduct by resident, the additonal occupants or residenYs guests: and QII) keep the common areas cleaned and in good condition, and keep sidewalks ciear of ice and snow. 10. RESIDENTS RESPONSBILII'Y: Resident, the additional occupants, and residenPs guests: (I) will not damage or misuse the apartment or waste any utility owner provides: (II) will not paint, waii paper, or s[ructuraliy alter the apartment without owner's prior written consent (!11) will keep the apartment clean: (IV) will give owner written notice of all necessary repairs (V) will inform owner when resident leams of any condition which is dangerous, unsafe or which may damage the apartment or waste utilities owner provides: (VI) will (eave the apartment in good condition, other than ordinary wear and tear, when resident moves from the apartment: and (VII) will not remove any fumishings or fixmres owner supplied without owner's prior written consent. 1 t. SUBSTANTLAL DAMAGE OR DESTRUCTION OF APARTMEN"I': If the apartment or property is destroyed or damaged such that the apartment is unfit to tive in, owner may cancel this agreement and is not required to rebuild or restore the apartment. If resident, the additional occupants and residenPs guests did not cause the destruction or damage and owner chooses to cancet this agreement, any rent resident has paid in advance will be prorated, and the part for die canceted period will be refunded to resident. SECURITY/DAMAGE%CLEANING DEPOSIT 12. RESIDENTS RESPONSBILITY: Resident wilL p) deposit with owner the amount of the DEPOSIT; (II) give owner proper notice of residenCs moving from the apartment at least SIXTY (60) DAYS in advance of the date that the resident moves: (llI) give owner residenPs new mailing address or other instructions for retum of the DEPOSIT before resident moves: (IV) follow owner s written cleaning instructions (Eshibit A attached) remove and dispose of all rubbish and debris, and retum to owner alI PAGE 2. LEASE DATED MARCH 22, 1996 ��o« aparhnent, security door. garage and maiibox keys before resident mo��es: (V) pay owner's cost in repairing or cleaning any damage or conditions beyond ordinary wear and tear, owner s costs in rekeying locks for keys resident has not returned, and for any mipaid rent. Resident understands tha[ the DEPOSIT is not in lieu of the last payment of residen[s MONTHLY RENT, and that owners damages may be greater that (he amount of the DEPQSIT. IT IS HEREIN AGREED TO THAT [F FOR AIVY REASON ALL THE TERMS OF THIS LEASE ARE NOT FULFILLED THROUGH IT'S TERM, IF BROKEN FOR CAUSE, CANCELED OR DEFAULTED ON, L[QUIDATED DAMAGF,S PARAGRAPH 27. APPLY. 13. Terms of Lease—If Lessee for any reason wishes to move before the term of their lease and be released from any additional obligations, the following options are available. a. I.essee may be allowed to sub let with written approval of McGrath Properties. Lessee will be required to double their deposit with McGrath Properties for this sub lease and the new sub leasee shali also be required to place a deposit with McGrath Properties equal to one months rent Sub lease document will be provided by McCrath Properties. Lessee will be completely responsible for any and all damage caused by sub leasee, and continue to pay rent on time H•hether sub leasee pays lessee on time or not. At the completion of this term of this lease, lessee will be refunded the deposit less any damages. OR b. Lessee may be allowed to secure an equivalent and acceptabie replacement tenant at their own expense to fulfill the terms of their lease thereby eliminating risk of loss of re�t by lessor. The approval of replacemen[ lessee by McGrath Properties is required before current lease is deemed null and void. McGrath Properties will dutifully attempt to mitigate any damages with regard to this lease. The lessees deposit will by kept as liquidated damages. (See Paragraph 27.) l4. OWNER'S RESPONSIBIL[TY: Owner will: (I) receive the UEPOS[T and hold it to secure residenPs performaace of this agreement; (II) calculate interest at the rate and in manner required by Minnesota law; (1[[) give resident written cleaning instructions after resident has given owner notice that resident will be moving from the apartment: (Exhibit A attached); (IV) deduct from the DEPOS[T and any interest earned, owners costs as described in paragraph 12, section (V); and maii to resident the balance of the DEPOSIT and interest, if applicable, with a written statement of the amounts and reasons for any deductions, within three weeks after the later of the time resident moves from the apartment or gives owner residenYs new mailing address and instructions for retum of the DEPOSIT. Refimds may not be picked up at the management office. DURATION OF AGREEMENT 15. FAILURE TO GIVE POSSESSION: If owner cannot make the apartment available to residen[ on the STARTING DATE, Residen[ cannot sue owner for any resulting expense. Resident wili not have to pay rent for the days the apartment is not available to resident. Lack of repainting or shampooing of' carpets does not make the apartment unavailable. ib. TERMINATfON OF THE LEASE WITH AN END[NG DATE: if this agreement is a Iease with an ending date and the resident wishes to move out of the apartment on the ending date, resident must give owner at least Sixtv (60) davs written notice, (on or before APRIL 1, 1497). [f resident does not give owner the notice, or if resident stays in the apartment after the ending date and Hie owner and resident have not renewed this agreement or entered into a new agreement, this agreement is extended under its original terms except: (I) the duration shall be changed to month to month (60) dav agreement; and (11) owner may raise the rent (SEE PARAGRAPH 17). PAGE 3. LEASE DATED MARCH 22, 1996 c�� - (o l� 17. LEASE HOLDOVER TO MONTH TO MONTN TENANCY: fE for any reasou this renant aRer the expira[ion of this lease holds over and haz not moved, [his tenancy becomes month to month and the monthly rent becomes twice the monthly payment under this existing yearly lease. 18. MOVING OUT ON TERMINATION: Resident will move out of the apartment no later than 12:00 noon on the date this agreement ends. Resident will be liabie to owner for rent, court costs, owner s attomey's fees and other costs, if residen[ moves out after I2:00 noon the da[e this agreement ends. Residen[ agrees [o leave entire aparUnent clean upon termination of the lease. a$75.00 cleaning fee witl be assessed for each uncleaned appliance. OWNER'S AND RESIDENTS RIGHTS AND LIABILITIES 19. EVICTION: Resident may be evicted immediately and wiThout prior notice if resident violates any terms of this agreement. Owner may bring an eviction action if resident does not move out voluntarily. [f owner does not immedia[ely sue or evict resident after resident violates a term of this agreement, owner still may sue or evict resident for that or any other violation at a later time. 20. OWNER'S LEGAL RIGNTS AND REMEDIES: If owner brings any legal action against resident, resident must pay owner s actuai attorney's fees and court cos[s even if residen[ correcis the reason which caused the owner to bring legal action. Owner may use owners legal rights anA remedies in any combination without giving up any legal rights or remedies owner does not use. 21. OWNER'S RIGHT TO ENTER THE APARTMENT: Owner and owners authorized agents may enter the apartment at any reasonable time to inspect, improve, maintain or repair the apartment, or show the apartment to potential new residents or buyers of tlie property. 22. AGREEMEN7' IS SUBIECT TO MOR7GAGE: Owner may subject the property to a mortgage or contract for deed. Resident agrees that the rights of holders of any present or future mortgage or contract for deed will be superior to residenYs rights under this agreement, and resident agrees to sign a statement to that effect upon request. This may pertnit the hulder to foreclose the mortgage or cancel the contract for deed and terminate residenPs lease. 23. INJURY OR DAMAGE TO RESIDENT OR RESIDENTS PROPERTY: Owner is not responsible for any injury or dama�e to resident, the additional occupants, resident's guests or their property unless willfu(ly caused by owner. Owner has advised resident to obtain renter's insurance to protect against such losses. Owner is not responsible for the acts of or for any damase, injury or hann caused by residents, their guests, intruders, trespassers or other persons or causes not under owner s controi. 24. MISLEADING RENTAL APPC,ICATION: Resident has been required to ;ubmit a�vritten rental application to owner. Owner has relied on that application and resident's oral statement in deciding to sign this agreement. Any oral or written statement which is not true or complete is a violation of this agreement which permits owner to evict resident. 25. NOTICES: Resident agrees that any single notice or demand delivered to the apartment is proper notice to all residents. Residents may deliver ali notices or demands to and serve any process on owner by delivering it to or serving it ort McGraih Properties at iPs address on Page I. of this agreement. 26. TH(S LEASE IS OFFERED IN'I'HIS FORM AND IS NOT AN AGREEMENT UNTIL SIGNED BY MCGRATH PROPERTIES. 27. 1. LIQUIDATED DAMAGES: At the time of entering into this lease, it is agreed by and behveen [he parties that there will be damages to the lessor for advertising, showing and preparing the property for release. Since these exact damages are unknown at the time of entering into this lease, it is hereb} agreed by and between the parties that as and for these damages, the lessee shall pay in tiquidated damages the sum cif $925.00 Dollars. ' PAGE 4. LEASE llATED MARCH 22, 1996 °(�-L�l� 11. TRANSFER EXCEPTION: If the tenants or one of them were to receive a written job transfer notice from his/her employer requiring relocation in a city or siate other than St. Paul, MN, and said relocation is accepted by the tenan[s, then the written notice of in[ent to vacate together with a copy of the relocation notice delivered [o [he owner before the time of the next rent due da[e shall be effective 60 days after that rent due date and shall end the obligation to pay rent after the effective date under this lease. Upon the proper notice he�ein specified and assuming the unit is properly cleaned and free from damages and ail other covenants contained in Paragraph 12. Sections I II, I V and V are preformed, then security deposit money less reasonable costs not to exceed $100.00 for advertising and showing the property will be retumed to [he tenants according to law. 28. 29. SEE EXHIBIT A--CLEANING INSTRUCTIONS ARE HERLBY A PART OF THIS LL•ASE. SEE EXHIBIT B--OPTION TO'I'ERMINATE BY NNE 30, 1996. 30. PETS: David Sigel and Valerie Blatnik may keep their dog and cat in the unit provided the animals are quiet and do not disturb the other residents. of the building. The animals may no[ be in the common areas of the bui(ding or grounds without being leashed. Any mess left by the animals on the grounds must be cleaned up immediately. Under these conditions, David Sigel and Valerie Blatnik may keep their dog and cat in the unit. If the above criteria is not met, the animals must be �emoved form the premises immediatety. Agreed to on this nd day of March 1996 Owner R Rp �� ' �� .( qi 14 4C PAGE 5. LEASE DATED MARCH 22, 1996 �� EXHIBIT A CLEANING INSTRUCTIONS FOR VACATING PROPERTY Tenant will vacuum and shampoo all carpeting if unit is carpeted and wash all floors. Tenant will vacuum and damp wipe out all shelves, cupboards, diawers and chests. Tenant will wash and scrub lavatory, sink, and shower. All appliances must be scrubbed and washed. �e sure to clean oven, oven racks, broiler pan, oven drawer, drip pans, bumer rings, range hood, fiter and outside of stove. Refrigerator shelves, crisper, trays and outside of refrigerator must be cleaned. Freezer compartment must be defrosted and cleaned, ice trays intact. The stove and refrigerator must be pulled out and cfeaned undemeath. (Be careful of the vinyl floor coverings; if not done properly, you could gouge the flooringJ Tenant will clean all other appliances in the unit inside and out, including dishwasher, washer and dryer. Any cleaning charges are figured at a$18.00 an hour ra[e, and any damages are charged at a repair/replacement cost. A$75.00 charge will be assessed for each uncteaned appliance. Tenant wiil haul away all unwanted furnishings. Discarded fumishings wilt not be left at the dumpster. i � � Tenant will replace all missing and burned out lamps. PAGE 6. LEASE DATED MARCH 22, I996 �� - �� MCGRATH PROPERTIES 886 JEFFERSON AVENUE ST. PAUL, MN 55102 221-0261 May 22, 1997 David and Valerie Sigel 772 Lincoln Avenue — 3` Floor St. Paul, MN 55102 Dear David and Valerie: Per our verbal agreement, this letter is to confirm the arrangemenis we have made to eYtend your lease. We extended your lease on a sixty-day notice. Per our agreement, the only change will be the amount of rent. As of May I, i497, the monthty rent witI increase 4% to $962.00. I want to remind you that this e�ctension does not extend beyond the 31s` of August 1997 as per our agreement because of the reduced ability of &nding good tenants after that date. If you have any questions regazding this lease extension, please give me a call. Yours Wly, Terry P. McGrath TPM/ka EXHIBIT B OPTION TO TERMINATE LEASE AGREEMENT BETWEEN MCGRATH PROPER7'IES AND DAVID SIGEL AND VALERIE BLATNIK S(GEL ��- (oc� WHEREAS McGrath Properties, lessor and David Sigel and Valerie Blamik Sigel, leasees, have entered in to a Eease on the Ihird floor aQartment at 772 [,incoln Avenue, St. Paui, MN 55105. The starting date of said lease is June I, 1996 and ending on Apri130, 1997, and WHER&AS the leasees wish Yo obtaio an option for cancallaYion of said lease and McGrath Properties wishes to grant such an option and hereby acknowledges payment of good and valuable consideration for it . NOW THEREFORE it is hereby covenanted and agreed by and be[ween the parties that the leasees at their option may give written notice [o cancel on or before the 30th day of June, 1996. In [hat event, if the leasees vacate the property on or before I2:00 noon August 31, 1996, then teasees shall be under no further obligation of paying the rent due on September 1, 1996 and subsequently. The leasees shall receive their security deposit back less any charges due a�d owing under the agreement according to law. Less� G c McGrath roperties a,�,t g. �� C Date � ,.. e r' a N F' t A, ._ , ��ta�3 �{ 2'bZ iN� 6F f9/LtS btltIDIMOS � i9 410 PI!'$2 � Z 8'PATS OF llS�FS50TA MLIDTICIPAL COif�'p 3 COJZtTiC OF R1UdSEY � CITY QF ST. PAI3Z. 4 - S � GITY OF ST. PA[A., . � Piaintiff,. $ va. ' Z'RANSCRIPT OF PROC88DSNC,S 9 TBRRY �7CGRAF, 10 Defendant. ]1 ].2 13 Tranaoript o£ J�rncee3ings hald be£ore tha Y�onaaa��,� 14 �oha J. Kirby, Rawsay Cossaty Judge, on Apzil 28, 19�1, �� '15 St. Paul, Mfnnesota. 36 17 APPEARA*.�GES: 18 John 2lcCoimick, A&sistant City Attorney, appeare8 �� 19 behalf of �r Plaiatiff. 20 �ohn Saaaiaa, Attorney at Law, aBFeared an �etsalt 21 of the Defendant.. 22 ' . � . , 2d � 2'S . � �qAMSEY CCUKiY MUNICiPAL COUHT . � }Zµ(�lpyrt Hm�za .. St. PauS.IAM�ewta 66362 1 A, (;:�: 0 : :: . �`?.. 5 fi 7 8 9 SO ].1 I2 7.3 14 15 I6 17 18 19 2a 27. 22 23 24 Z5 �� _ �D 1� -2- ldR. MCCaRMiCK: This is in the mAtter of the City of St. Paul, versua Terry McC3raf. Ldr. McGraf is cha'rged with aa ordiaance v3olation cf remodeling a tbirQ floor wit.hout a permit. The building is lpcatad at 772 Liaeoin gvanue ia the City of St. Paul. . i Yocu� Honor, there has beea numeroua ciseusaions bet`+eea respeetiw couaaal aad myself and With the Buildinq Departeeat Basicaliy, the proce6vral hietory has beea Iaid out te this Couzt as to the faet that it is allagec 3�y tl'se City that tha L�Pandant i3id not -- he cotapl�ted a reCOnetruCtion o£ a third floar area .withaut having t2=e graper permit. Fia ciid apply for permits Erom the.City of St. Paul, his Qlane were: not app�toved as a.result of the totality of the reconstx'uctiox involved. It was th� opinion at that bime of the Suil6i.ng ' DepE�rtment that the Way t�e plan laid it out; is that ti'se ;� �.' DefeaBant was. in fact,. noastructing a completely acgarate unit up in his.third �loor attic area. Tliere 3a aa exte.ttior stairway, a bedxaota, a bathroom; a washar aar3 dryer �or .: cloth�s, firepLace�'liviaq room, library, an6 a kitehea '; . aoarplete with cooking faailities and refridqeration. - As a result, th8 plans were uot ap�rovea. Thexe have.� bee� aumatrous in&pections sinc� that &nte ano complainta te_.. the City from.aeiqhbora in the area as to the conatructias .". aad aa ta the praposed use of this attie. � V;timate;y,'a tag was,issuec3 in l.atn December of 1979,�_; � � RAl75EY COUNTY MUNICIPAL COV�T . ' - i246 Caxi Haus� . St. P�ut, Minneaoq 55102 e 1 ,. :: �''." ��_ (o►� -3- 1 I beliava beCause oP subsequent inspeCtipns indicating tkat 2 although ➢[r• MeGraf dtd not have the pertnits, the attiC ar 3 thizd floar area was eompi.eted. That is t�►e eharge whiclY ba 4 �� is riero today on_ 5 A£Ler our dimcusaions, it haa beea brought to my 6 attention that the City `tauld, 1a fact, iasue a permit to' 7 MT. Terly l�taCiraf tor tho reconstruction of the tYsird £loor attic area at this ad8ress, but this p�rmit is �asued -- ia limited as far aa 3ts iasaance. =t is iasu�d on Lhe basis that this third floor �ttic area wili not be used fos *enta7. property or for any unaccegtable uee ua3or tlie present zoning classif3aatioa for that neighborhoo8. also, it is my underatanding tha� the permits would � qratnted on coa8ition that Che cooking facility that is preseatly in this thirc� £loor attic area be 6isconnected because at 'tliis time w�at Anakes this un.it in violatiaa of the preseat ioninq brdinaace is that it is zoned fos ainql.e £amily aad by the faet that this ursit or is elassit'ied as a u.nit because it Yias tt'le separats,kitcrien, separate bath- xoom, sepas'ate.wa�her and dryex' and living room and bedroom, that it composes a unit aad makes_:it a duplex os soseething other thaa a sinqla fam3.3-Y dwelling. yf the:De£endaat discoanects the presen� eookiaq £acilities, which S understand are eleetxic stove and ove�, . and puta a metai glate over trie plug in receptacle, that 8 9 10 u 3.2 23 14 15 16 17 18 i9 20 21 22 � 24 25 pAMSEY COUHTY MLJNICtPAL COUR7 . 1244 CVUR HOUm � St. Pa�l. MinnaaMa 45102 1 �::�. , •.-.: 0 (•' � .. 1 2 3 d 5 6 7 8 9 1� ].1 32 � 14 15 I6 17 28 39 28 21 2Z 23 2+! 25 =�- �� o�� iPOUld keep this reconatruction gtoject Sram theiz ClasaigtCa- tion as a unit; anG, tharofore, it �vouidn't be ia via}.ation o£ the ordinanG�.� � � Sowever, iP at a�+ time Mr. Terry MC4raf either reats titis gz��y ds reCOnnects the stove aad has samsoaa liv3ag up Lhere aad aookiag, he otould be ia qio].ation of the present ordiadnce aad zoniaq osdi.nance unless he ha�s reached aome type of variance with the zanl.tzg Co�i.ttes. 9 Thab ia tqy summary a£ what . our agreeaieat is. Eie xil2 be enteriaQ a pla�a and he will discoaaeet the atove and appllr for a permi.t, and thia would iavolve a certaln anount of lnspactions ott Ehe job si�e. 73e will a�ply.for the Droper pertpit�,and the parmits woula be isaued by the City'bn aondition that the groperty 1s not used far aay other purpose.! . 3�HB CDURT: Ia that yous uaderat�nding, Mx..Soaalan3 MR. SC,ADi7,AN: ' Yes. THE C4URT: Is ttiat the aqreement �ahieh .ydu - have aegotiataa' the plea7 MR, sC1�NLP+N: Yes. THE COURT: The Deferidaat ie:.�.. pleading s�ui2ty base�d. an tliose riegotiations? MR. 3CF!ffiLAA: - Xes. " THFi CoORT: A2so negotiated ��.. Chat thia vrould be put on the defarred oalrndar for a perio6�. � ,' �RAMSEY COUNTY MUNIC1�Ai COURT � . 1245 CouR Hou.re - � � � � St.Pw1,MlnnesOtrS57C2 � � � (1 -s-- � �'1. fa �� F:�:: . , i � 2 3 41 S 6 7 8 9 lp 11 � 33 14 ]S 16 17 1S 19 20 27. 22 Z3 24 25 of six moatha? a MR. SCAHI.AN: Yas. M8. MCCARMZCK: E reqnested originaliy for a oae year period. MR. SCANLA87: _ Z hroul8 requeat afx mont.hs. stiyulate to? at�pulate to limit of tima. ppsi.od. THS Co[�Ts Aihat .diQ you MR. SGANLIIN s Sie oicitt � C MR. MCCflRMICR: A reasonahle TE�3 COIIR�: " I vtill decida. ft will ba nine months. I qet to decide scmethinq. Zt will be aiae moAth� Eor these particulaz requirements a�cd obiigation� te be fultilled. At the sad o� the aine monLh� period, tlse Yruilding inapector will nofi�ify the pro�ecutor as ta whether;these bave beari tulPilled ar not.. I£ they have been Pu1PiI2ed, Lhexi the matter will be dismiasad ss presoribed by'Ststute, apd there wil7. be no futther appearal2ce ia Court ueeded. Zf they are not �u2filled, �hext the pefendasit wili have to come back and show cause why he should not be sa'n,taacad. tHeariag cona3.uaeci: ) pqMSEY COUNTY MUNICtPAL COUR? . i24b Court Hou� St. PsYi, M1�i+M�flts 55}a2 � � 0 r � -.. ii s! s' 4 5 6 7 8 9 IO 3]. 7.Z 13 Id 15 16 17 19 19 20 21. a7 a.� 24 25 -e- STAY`8 OF �$SQTb COtIli3'Y OF Rl►M8EY �� _ tol� " ' 2, J�mei Thie�+ea, Ogfieial Caurt Repoztes, eto h.reby certiEy that tIis above traaacript is a true and. camglete traxieCript o£ my ehorthand notea takea the abave e�CiClad matter be#are the Hanorable John J. lfirby, Rameey Gouaty Ju�e, at St. Paul, Mtnnesota, on Aps3.17�2$, 1981. � � L rt �egortez ^�La ��.� ted�.� . , �/ �e� i ` � aAr�s�r couNrr Mt�wcira�. coum . . - 7346 CouR tleuta � St Vwi, Minna�ms 5610Z 1 �,��,�,`��c� � F � - �� - �o �3 DIVZSION OF HQUSZNG AND BUZ ING CODE ETIFORCEMENT C , ADDRESS � �L �—�ATE + � CEPISUS TRACT SEQUENTIAL NU. COtiPLF1IPST DATA: �� ^ � �„C,(�,� �t.�' �(7��c+�2p ��.CQ e T f%�i-u...v�- coriPt,azrrnrr � ADDRESS itL<�� :-,�xorrs rro,� l, -� `�� C �. w =c?L� ��. � � � �-�u-:��s.� '��-`-`'�_ ' - �� •L,�s ��L�--- � �� '�� ls�s.�� -- Gil � L'—/1ilCS,u C � �G1�l�s-��i (.L� �? ��-� �-, < <, .� c I � �.(� /t.��„ -� o-�..� o� L � ' � C ti � �� _ � L�-- �� r � :�.�� ..�. „ � ��)��t-� S . A .� �'� ui.0 � . `1 .c �, < � � . � � � . CITY OF SAINT PAUL DE�ARTA�i�l11 DIVISION OF HOUSiN6 ANE7 BUI IkG pENMlT NO.�� CODE ENFORCEMENT M6 tITY XALL ST. PSUL. MN Sfi707 PI.AN NO. � �/� J�.7sn-ccc��C.L.• %� "'�—'� .�ST.COOE � V � oesc ir G toN R R3�� DATE ` d• — 1 � ^ R �" 4WkEii ��1LA '�, rS�I �G PA't� OWjdERSADGR�55 ! / L �✓.vGr� N Q dLD ��}� NEW TYPECQNST_ .,�`� OCCUPANC�' GRADING Si'UCCOOR ❑ BUILQ ❑ AND EXC. L PLASTER C] DRYWALL Q ADDSTIOf�t C3ALTER t �[7 REPAty p MOVE NG s�oe S � 1 ATEO VALUE BILSEM6NT ' I� YES L� NO SQ,�T a c� o — c ❑ FENCE C7 WRECK rj'� CC O 57 ` ING�UPE i�3EMFN7 � P�AN CtiECK S7ATE _ � t r SUHCHARGE E� Q O ' ' '� �a .� _" _ •-h' i � �� '�- �� ' , _ _ _-_,. . � " ,,,�..�t� / � 5 , �� --_- . .. . _ . _.. TOTAL PEE �"'-''�'' - -'='' ' �' WNEN vA�IOaTlD TH75 18 YOUR pERMiT ApPIICA.NT CERTiFIES 7NAT ALL ItvFORMATION IS CQRRECT AND THAT ALL PER710VENT STAT! ffECi41�AT10N$ ANQ CITY ORD�NANCES WlL4 4E GOMPl1ED WITH IN PERFORMING , THE WORN EQ,B.WHICH 7t115 VERMIT 15155UED. ' . � � 'I ADDRESS OF JO8 1C e^-�-�� ..///t� �� L�rY�C-� l Dv PUTM�R�ZED��GNATVRE q c��]-l�(� C�(ZU(:U� l ill_1. [:1_I:(;"�'IZl(; (:O�11'��N1' �3�it; .)cfic��:5cn� i\vc��t�c� Sf. I��ul, l��linnesu�a JJ 1 OZ i�l�o�ic 221-02G i I��x 22 t-0354 n�,��s� s, � v9� P.Ir. l'erry hlcGrath 772 Lincoln Avenue St. Paul, Minnesota 55105 Dear htr. McGrafi�: On July 27' 1 conducied an inspection of the electrical in the 3"� floor of 772 Lincoln. I fvund the electrical to be in unusulll}' good condition. ft has a separale ] O(T-amp service pane[ and circuits. ln specific, f found no Code violati�ns. "I here is, however, aud un�vired fresh air daroper and an unenergized piece of romex instalied for firture track lighting. Neither of these items constitutes a violation of the national electrical code. Upoa rurther inspection I detennined diat the JenAir stove fan wasn't working because the stove ��as disconnected and the b�th fan had been unpiugged. D ty inspection revealed no electrical code violltions, therefore, there could be no ��iolations that would constitute eadingerment to he�lth or safety. Sincerely, 5 � . ,�.. , :: ,:_�.r�L<< � Richard KirUand RK!}�k ��_ �a�� i nR n1�S�7.�U�`7 11:1f� FAS GlZi;inl_I �30��vs August •'V, 1`?97 m�r. ' rC�� H �"tLc:TrZ� n 712 L.iucoh� Ai�r.. Sl. Pau(. Nin. _5?1v5 ItntJli;'� 1'I.I��IRIN�= n - (D ('� �e n n � � I Onalilp LVnrFJtluaiil�• Vah�� I�ear Nlr. AicGrltl�, O�� July 22, I9y7, 1 ctmducted au iuspection of the u�e.chanical an�l ph�mhiii� eeslemc on tt�e tiurd Iloor at tlie �buve residence. [ fnuud no vininlivns of the c�.n�r..ni incnl inechani�;:d and plumUing cocte at this tinie. If p��u ner..d any fiu Uirr a.vsi�t�ttc:e_ plense c�il mc; $i�tcere(y, � / 7 / J� / � �t�a{[erJ. d ` I'irsi�irn�� 111Q �ih�l�y A1r111O�inl Hiqhtvny • I�p B•�< G(1i9R Mendui.9. PAhI 5?1�f1 Q79FS f'thnnn: (R 12) 4� 1 Inra7' f AX. f�:i7) q!� ` F;"a�l ;� �.:.. Y^ "tiY � Wu.. `w �.. I� � �`. £ kyyi�"! 8 � � :. �., ? ry , � m4. . �� ✓ . ±� 1 � � ' '',� � rr ... c �� 'y .. � � , p � :� .__ R`. .. . � >:< l � �'e . �` . �� .. .�... r �� ,_� ,� - �' �#'+ � t p `•j( \ �� , �rd a,":� '�s .",F �;'t1';'.; _ . .. . �5i ,�. q}E 3 .�.. '' �S�d � �' + ,.. i' ,.��„ �" , ,. .'��1` � r � j,; '� -_ ,� � �s� � k ., .g�.. . ..� Y nu Y k Cµ,.ti A� �" ��ti' � Y i: �- �`v � �� 1 � � r. � :6 . 1 t __ � I .5 _ '� � 4 ` � ;,�?a�� . . r � s � , : � -� ii� �uv Z ��al� Electrical - Kitchen .. - ------ .-� - �; , - ._-_---,- ; , � . f _ . � � . -�_ i f. �+ . 1, ,( "5 1 ,. } � t�i � ,. � . ; � �, � , �f '2 � 4 { v�a I°3 � {c . Fi � �il f �� ' . �M �Fi�'kSu � � �,`�� p�i : i;`.� i �. i n t ' :n' . ��. �� i :'� � . � � '� ' ' � -` � �� o�� ra;rc down to 2nd floor. �� ., ( c� � � Water damage - recessed light. Water damage - stove azea. �� --d� l� Chimney - I,anudry Room ��