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97-877Council File # �� � Green Sheet # ` �1�i�� RESOLUTION SAINT PAUL. MINNESQTA �J� Presented Referred To Committee Date 1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 1 decision 2 of the Legislative Hearing Officer: 3 �opert���ealed 4 355 Marshall Avenue, Christ's Household of Faith Church 5 Decision: Appeal granted 6 1261 East Seventh Street 7 Decision: Appeal denied but amend order to vacate to July 15,1997. 8 435 Front Street, R.P. Management, Inc. 9 Decision: Grant variance until code compliance inspecfion 10 in July 1999. 11 Lexington Park Apartments at 499 Lexington Parkway, 12 lll2 Randolph Avenue, 1130 Randolph Avenue, 13 and 1144 Randolph Avenue 14 Decision: Laid over indefinitely. 15 496 Holly Avenue 16 Decision: Laid over indefinitely. 17 69A Jenks Avenue 18 Decision: Appeal denied. 19 927 West Central Avenue 20 Decision: Appeal denied. 21 846-848 University Avenue West 22 Decision: Appeal denied. 23 507 Arcade Street 24 Decision: Appeal denied. Ap�ellant Vernon Hanns Bernadette Draughn John Lackenmayer Doug Simek David Potter Bernt Emerson Benjamin Roberts Fitzgerald Steele Alan Van Hoever 1 �� " �� ` Requested by Department o£ Adopted by Council: Date ��_ Adoption Certified by Council S retary By: � Approved 6y ay�t 7 � U Q� � By: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � Y Y fV ( �/ DEPARTMENIIOFFICFlCOUNCIL DATE If1R1ATFA p cr�courrc� izi� GREEN SHEE _- 3567 CONTACT PEFSON & PHONE INRIAUDA7E INRIAL/DATE O DEPAqTMENT DIRECTOR � CITY COUNCIL Geuy Strathman 26Cr8575 nss�cx � crrv AnoaNer � cm c�aK MUST BE ON COUNCIL AGENDA BY (DAT� pp�N� � BUDGET DIRECTOR � FIN. 8 MGT. SFAVICES DIR. July 9 > 1� ORUER O MAVOR (OR ASSISTANT) ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) `� decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the July 1, 1997 meeting. RECOMhtENDATiONS: Apprave (A) or tiejeq (R) pERSONAL SERVICE CONTqACTS MUST ANSWER TXE FOLLOWING �UESTIONS: _ PLpNNING CAMMI$$ION _ CIVIL SEFiVICE COMMISSION �� Has this pewon/firm ever wodcetl under a conVact for this tlepartment? � _CIBCOMMRTEE _ YES - MO ��� — 2. Has this perso�rm ever been a city employee? VES NO q _ DISTRIC7 COURi _ 3. Does this person/firm possess a skill not noRnalty pos5essed by any wrtent cdy amployee? SUPPORT$ WNICH COUNCIL OBJEClIVE? YES NO Exp1aM all yes answers on separate sheai anE nttach to green sheet INITIATIN6 PROBLEM. ISSUE, OPPE1fiTUNfTY (WM1O, NTat, Wnen, Where, Why�: ADVANTAGES IF APPROVEO: ! DISAWANTACaES IFAPPROVEO: DISADVANTAGES IF NOTAPPflOVED: � TOTAL AMOUNT OF TRANSACTION S COST/qEVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITY NUMBER FINANCIAL INFORMATfON: (EXPLAINI 5� `f7- B��I Property Code Enforcement Meeting July 1,1997 Gerry Strathman called the meeting to order at 132 p.m. 335 Marshall Avenue. Christ's Household of Faith Church Vernon Harms, appellant, appeazed and stated he is appealing the orders to provide a third egress for the classrooms at the school. The azea in question was originally the balcony, which seats 200. The auditorium seats 500. A wall was put from the front of the balcony to the ceiling to create a classroom. A number of seats were removed although 125 remain. The size of the classes are 85 maYimum, but most classes are in the 55 range. There aze two egresses. One e�ts into the second floor school hallway and one exits downstairs into the foyer of the auditorium. Mr. Hanns is coxnfortable the situation is adequate and safe. The room is about 50 feet wide and 40 feet long. In order to add a third egress, the concrete floar with struct�iral steel would haue to be broken into, which would be very expensive and unnecessary. Gerry 5trathman asked what is the fixrthest distance a person could be from one of the two e�ts and if one of the egresses is unusable, how far is the neact e�t. Vernon Hanns responded 35 to 40 feet is the furthest a person could be from an exit. If the closest ea ess is not usable, it would be an additional4 or 5 feet to the other one. The exits are adj acent to each other. Steven Arxnstrong, Fire Prevention, reported the exits are so close together that the likelihood of one of them being unusable would mean both are unusable. They are only five feet apart. The exits are not conforming and they do not have that sepazation. A hole in the floor to make an exit would be one way to solve the problem ar a wall could be built inside the room so getting out the other exit would involve going up the stairs. Mr. Strathman stated the inspector is correct in that the situation is non conforn�ing, however the appeal is granted based on the judgement that the arganizafion would not make a request if it is not considered safe for the chiidren that would be there. Mr. Hanns stated that is a good assumption. Czerry Strathman granted the appeal. 1261 East 5eventh Street Regina Wagner, attorney representing occupant Bernadette Draughn, appeazed and stated the occupant has filed an appeal of the notice of condemnation and order to vacate which was issued on June I 1 after the inspections that let to the revocations of the certificate of occupancy on May 8. There were 12 items that needed to be repaired. Ms. Wagner spoke to inspector Dennis Watters after the May 8 certificate of occupancy. From the reading of the deficiencies listed, Ms. Draughn was surprised that a decision to condemn the building was made. Ms. Draughn was already pursuing a tenants remedies action in Housing Court to have the repairs made. The items ��-�77 Properiy Code Enforcement Meeting 3uly 1, 1997 Page 2 in Ms. Draughn's apartment are only referenced in Item 7 which deals with closet doors. Ms. Wagner stated her client is pianning to vacate and would like an extension of the vacate through July 7. Also, the deficiencies listed do not rise to the level of condemnation. Ms. Wagner talked with the owner and his intentions were to not make the repairs unless ordered to do so as part of Ms. Draughn's case which is not going to happen. Pat Fish, Fire Prevenfion, appeazed and reported that Dennis Watters was the inspector on this property and she talked with him about this. There were several reinspections and there was little progress. Revoking the certificate of occupancy actually means the building has to vacate if the home is not condemned so the end result is the same. Mr. Watters conversafion with the owner was that the owner had no intentions of making the repairs. Community Stabilization was contacted about doing tenants remedies on ttus properry. It is unknown where they are with this. Gerty Strathxnan stated these violations in themselves do not result in an nnmediate condemnation, but faced with an owner that refuses to work towazds bringing the building into compliance has prompted the condemnation order. Gerry Strathman denied the appeal, but amended the order to vacate to July 15, 1997. 435 Front Street, R.P. Manaeement, Inc. Allen Glorvigen, manager of property, appeazed and stated he is asking for a stay of the order far an egress for the windows. It would be expensive to replace them. Gerry Strathxnan asked how many windows need replacing. Mr. Glorvigen responded his orders are to replace the windows as they need replacing. None have been replaced yet. There are appro�mately 33 windows altogether. Pat Fish stated only one window in each bedroom has to be in compliance, which would be 22 windows. Gerry Strathman stated the windows need to be replaced but not immediately. Mr. Strathman granted a variance for the windows until the next code compliance inspection in two yeazs. In the interim, hopefully this problem will take caze of itself. Gerry Strathman granted the variance until the code compliance inspection in July 1999. Lexington Park Apartments at 499 Leungton Parkway. 1112 Randolph Avenue, 1130 Randolph Avenue. 1144 Randolnh Avenue No one appeazed. Pat Fish stated this is a fire door issue. Appellant was told this was postponed and he would get a letter. ' ��1-�� 7 Property Code Enforcement Meeting July 1, 1997 Page 3 Gerry Strathman laid this over indefinitely. 496 Holly Avenue Rachelle Holly appeared and stated this is a building of 4 condominiums, everyone owns the'u own unit, and Ms. Holly is one of the owners. In the certificate of occupancy inspection this year, the owners were told to replace their 120 year old Victorian doors. Gerry Strathman stated the fire marshal has initiated these enforcements because of new testing that was done recently that showed these doors do not meet fire codes. The City Council has the authority to make modification and has asked the fire marshal to prepaze something for their consideration that would address this problem. All fire door matters aze being laid over indefinitely until the Council acts on a plan from the fire marshal. Gerry Strathman laid this over indefinitely. 694 denks Avenue No one appeazed; Gerry Strathman denied the appeal. 927 West Central Avenue Benjamin Roberts, owner, appeazed and stated the condemnation is the result of police finding tenants with drugs on February 5. Mr. Roberts was informed the building was considered a vacant building. In order to be able to reoccupy the property, Mr. Robert got a code compliance. The initial condemnafion had 13 items on the list. The ones that would directly effect the health and safety of occupants, might have been the furnace. Someone had flipped the switch on the furnace so it looked as if it was not operable at the tnne. The building has been vacant since February. Reneta Weiss, Public Health, appeared and reported a file was opened on February 18. Within a 30 day period of time, if the owner completed the items on the condexnnation, the inspector would go back and then close the file. The inspectors were never called back. This was put in a Category 3 which requires a$2,000 bond. Benjamiu Roberts stated there was no indication about what would happen if he did not comply in 30 days. The roof is a big item. The boiler needs to be replaced. He got the fiunace fixed last winter, however Mr. Roberts Imows replacing the automatic or manual gas valve amounts to installing a new fiunace. The house is habitable and he is willing to make the repairs. The building is good and poses no threat. Mr. Roberts stated he does not haue $2,000 for the bond, $5,000 for the roof, nor $6,000 for a furnace. ��-�7� Properiy Code Enforcement Meeting July 1, 1997 Page 4 Gerry Strathman stated he has not heazd anything that indicating the Health Deparlment acted outside it's authority and declaring it to be a vacant building is a reasonable detenvivarion. Mr. Slrathman informed Benjamin Roberts of his rights to make his case before the Council on July 9. Gerry StratYunan denied the appeal. 846-848 UniversitXAvenue West No one appeared; Gerry Strathman denied the appeal. 507 Arcade Street Alan Van Hoever, owner, appeared and stated he would like to reverse the decision on the properiy. On June 13 a card was placed on the property far no electricity. He was told to be out by June 18, but he could be there during daylight. On June 19, another health inspector came out and said he could be on the properiy when doing repairs. Mr. Van Hoever asked why a homeowner is not informed that the home can be condemned if there is no electricity at the residence. Donald Juenemann, Public Health, appeazed and reported the utiliries are required to notify the Health Department if a property does not have a utility after 30 days. The meter was yellow tagged and tampered with. NSP was informed and the meter was locked. A woman who said she lived there was told by Mr. Juenemann they had six days to vacate. Gerry Strathman stated the city ordinance is cleaz to allow people to go into condemned buildings for repairs during the daytime. Also it is the law of the City that a11 domiciles have basic utilifies: heat, water, electricity, sewer. Gerry Strathman denied the appeal. The meeting was adjourned at 2:39 p.m. Council File # �� � Green Sheet # ` �1�i�� RESOLUTION SAINT PAUL. MINNESQTA �J� Presented Referred To Committee Date 1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 1 decision 2 of the Legislative Hearing Officer: 3 �opert���ealed 4 355 Marshall Avenue, Christ's Household of Faith Church 5 Decision: Appeal granted 6 1261 East Seventh Street 7 Decision: Appeal denied but amend order to vacate to July 15,1997. 8 435 Front Street, R.P. Management, Inc. 9 Decision: Grant variance until code compliance inspecfion 10 in July 1999. 11 Lexington Park Apartments at 499 Lexington Parkway, 12 lll2 Randolph Avenue, 1130 Randolph Avenue, 13 and 1144 Randolph Avenue 14 Decision: Laid over indefinitely. 15 496 Holly Avenue 16 Decision: Laid over indefinitely. 17 69A Jenks Avenue 18 Decision: Appeal denied. 19 927 West Central Avenue 20 Decision: Appeal denied. 21 846-848 University Avenue West 22 Decision: Appeal denied. 23 507 Arcade Street 24 Decision: Appeal denied. Ap�ellant Vernon Hanns Bernadette Draughn John Lackenmayer Doug Simek David Potter Bernt Emerson Benjamin Roberts Fitzgerald Steele Alan Van Hoever 1 �� " �� ` Requested by Department o£ Adopted by Council: Date ��_ Adoption Certified by Council S retary By: � Approved 6y ay�t 7 � U Q� � By: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � Y Y fV ( �/ DEPARTMENIIOFFICFlCOUNCIL DATE If1R1ATFA p cr�courrc� izi� GREEN SHEE _- 3567 CONTACT PEFSON & PHONE INRIAUDA7E INRIAL/DATE O DEPAqTMENT DIRECTOR � CITY COUNCIL Geuy Strathman 26Cr8575 nss�cx � crrv AnoaNer � cm c�aK MUST BE ON COUNCIL AGENDA BY (DAT� pp�N� � BUDGET DIRECTOR � FIN. 8 MGT. SFAVICES DIR. July 9 > 1� ORUER O MAVOR (OR ASSISTANT) ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) `� decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the July 1, 1997 meeting. RECOMhtENDATiONS: Apprave (A) or tiejeq (R) pERSONAL SERVICE CONTqACTS MUST ANSWER TXE FOLLOWING �UESTIONS: _ PLpNNING CAMMI$$ION _ CIVIL SEFiVICE COMMISSION �� Has this pewon/firm ever wodcetl under a conVact for this tlepartment? � _CIBCOMMRTEE _ YES - MO ��� — 2. Has this perso�rm ever been a city employee? VES NO q _ DISTRIC7 COURi _ 3. Does this person/firm possess a skill not noRnalty pos5essed by any wrtent cdy amployee? SUPPORT$ WNICH COUNCIL OBJEClIVE? YES NO Exp1aM all yes answers on separate sheai anE nttach to green sheet INITIATIN6 PROBLEM. ISSUE, OPPE1fiTUNfTY (WM1O, NTat, Wnen, Where, Why�: ADVANTAGES IF APPROVEO: ! DISAWANTACaES IFAPPROVEO: DISADVANTAGES IF NOTAPPflOVED: � TOTAL AMOUNT OF TRANSACTION S COST/qEVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITY NUMBER FINANCIAL INFORMATfON: (EXPLAINI 5� `f7- B��I Property Code Enforcement Meeting July 1,1997 Gerry Strathman called the meeting to order at 132 p.m. 335 Marshall Avenue. Christ's Household of Faith Church Vernon Harms, appellant, appeazed and stated he is appealing the orders to provide a third egress for the classrooms at the school. The azea in question was originally the balcony, which seats 200. The auditorium seats 500. A wall was put from the front of the balcony to the ceiling to create a classroom. A number of seats were removed although 125 remain. The size of the classes are 85 maYimum, but most classes are in the 55 range. There aze two egresses. One e�ts into the second floor school hallway and one exits downstairs into the foyer of the auditorium. Mr. Hanns is coxnfortable the situation is adequate and safe. The room is about 50 feet wide and 40 feet long. In order to add a third egress, the concrete floar with struct�iral steel would haue to be broken into, which would be very expensive and unnecessary. Gerry 5trathman asked what is the fixrthest distance a person could be from one of the two e�ts and if one of the egresses is unusable, how far is the neact e�t. Vernon Hanns responded 35 to 40 feet is the furthest a person could be from an exit. If the closest ea ess is not usable, it would be an additional4 or 5 feet to the other one. The exits are adj acent to each other. Steven Arxnstrong, Fire Prevention, reported the exits are so close together that the likelihood of one of them being unusable would mean both are unusable. They are only five feet apart. The exits are not conforming and they do not have that sepazation. A hole in the floor to make an exit would be one way to solve the problem ar a wall could be built inside the room so getting out the other exit would involve going up the stairs. Mr. Strathman stated the inspector is correct in that the situation is non conforn�ing, however the appeal is granted based on the judgement that the arganizafion would not make a request if it is not considered safe for the chiidren that would be there. Mr. Hanns stated that is a good assumption. Czerry Strathman granted the appeal. 1261 East 5eventh Street Regina Wagner, attorney representing occupant Bernadette Draughn, appeazed and stated the occupant has filed an appeal of the notice of condemnation and order to vacate which was issued on June I 1 after the inspections that let to the revocations of the certificate of occupancy on May 8. There were 12 items that needed to be repaired. Ms. Wagner spoke to inspector Dennis Watters after the May 8 certificate of occupancy. From the reading of the deficiencies listed, Ms. Draughn was surprised that a decision to condemn the building was made. Ms. Draughn was already pursuing a tenants remedies action in Housing Court to have the repairs made. The items ��-�77 Properiy Code Enforcement Meeting 3uly 1, 1997 Page 2 in Ms. Draughn's apartment are only referenced in Item 7 which deals with closet doors. Ms. Wagner stated her client is pianning to vacate and would like an extension of the vacate through July 7. Also, the deficiencies listed do not rise to the level of condemnation. Ms. Wagner talked with the owner and his intentions were to not make the repairs unless ordered to do so as part of Ms. Draughn's case which is not going to happen. Pat Fish, Fire Prevenfion, appeazed and reported that Dennis Watters was the inspector on this property and she talked with him about this. There were several reinspections and there was little progress. Revoking the certificate of occupancy actually means the building has to vacate if the home is not condemned so the end result is the same. Mr. Watters conversafion with the owner was that the owner had no intentions of making the repairs. Community Stabilization was contacted about doing tenants remedies on ttus properry. It is unknown where they are with this. Gerty Strathxnan stated these violations in themselves do not result in an nnmediate condemnation, but faced with an owner that refuses to work towazds bringing the building into compliance has prompted the condemnation order. Gerry Strathman denied the appeal, but amended the order to vacate to July 15, 1997. 435 Front Street, R.P. Manaeement, Inc. Allen Glorvigen, manager of property, appeazed and stated he is asking for a stay of the order far an egress for the windows. It would be expensive to replace them. Gerry Strathxnan asked how many windows need replacing. Mr. Glorvigen responded his orders are to replace the windows as they need replacing. None have been replaced yet. There are appro�mately 33 windows altogether. Pat Fish stated only one window in each bedroom has to be in compliance, which would be 22 windows. Gerry Strathman stated the windows need to be replaced but not immediately. Mr. Strathman granted a variance for the windows until the next code compliance inspection in two yeazs. In the interim, hopefully this problem will take caze of itself. Gerry Strathman granted the variance until the code compliance inspection in July 1999. Lexington Park Apartments at 499 Leungton Parkway. 1112 Randolph Avenue, 1130 Randolph Avenue. 1144 Randolnh Avenue No one appeazed. Pat Fish stated this is a fire door issue. Appellant was told this was postponed and he would get a letter. ' ��1-�� 7 Property Code Enforcement Meeting July 1, 1997 Page 3 Gerry Strathman laid this over indefinitely. 496 Holly Avenue Rachelle Holly appeared and stated this is a building of 4 condominiums, everyone owns the'u own unit, and Ms. Holly is one of the owners. In the certificate of occupancy inspection this year, the owners were told to replace their 120 year old Victorian doors. Gerry Strathman stated the fire marshal has initiated these enforcements because of new testing that was done recently that showed these doors do not meet fire codes. The City Council has the authority to make modification and has asked the fire marshal to prepaze something for their consideration that would address this problem. All fire door matters aze being laid over indefinitely until the Council acts on a plan from the fire marshal. Gerry Strathman laid this over indefinitely. 694 denks Avenue No one appeazed; Gerry Strathman denied the appeal. 927 West Central Avenue Benjamin Roberts, owner, appeazed and stated the condemnation is the result of police finding tenants with drugs on February 5. Mr. Roberts was informed the building was considered a vacant building. In order to be able to reoccupy the property, Mr. Robert got a code compliance. The initial condemnafion had 13 items on the list. The ones that would directly effect the health and safety of occupants, might have been the furnace. Someone had flipped the switch on the furnace so it looked as if it was not operable at the tnne. The building has been vacant since February. Reneta Weiss, Public Health, appeared and reported a file was opened on February 18. Within a 30 day period of time, if the owner completed the items on the condexnnation, the inspector would go back and then close the file. The inspectors were never called back. This was put in a Category 3 which requires a$2,000 bond. Benjamiu Roberts stated there was no indication about what would happen if he did not comply in 30 days. The roof is a big item. The boiler needs to be replaced. He got the fiunace fixed last winter, however Mr. Roberts Imows replacing the automatic or manual gas valve amounts to installing a new fiunace. The house is habitable and he is willing to make the repairs. The building is good and poses no threat. Mr. Roberts stated he does not haue $2,000 for the bond, $5,000 for the roof, nor $6,000 for a furnace. ��-�7� Properiy Code Enforcement Meeting July 1, 1997 Page 4 Gerry Strathman stated he has not heazd anything that indicating the Health Deparlment acted outside it's authority and declaring it to be a vacant building is a reasonable detenvivarion. Mr. Slrathman informed Benjamin Roberts of his rights to make his case before the Council on July 9. Gerry StratYunan denied the appeal. 846-848 UniversitXAvenue West No one appeared; Gerry Strathman denied the appeal. 507 Arcade Street Alan Van Hoever, owner, appeared and stated he would like to reverse the decision on the properiy. On June 13 a card was placed on the property far no electricity. He was told to be out by June 18, but he could be there during daylight. On June 19, another health inspector came out and said he could be on the properiy when doing repairs. Mr. Van Hoever asked why a homeowner is not informed that the home can be condemned if there is no electricity at the residence. Donald Juenemann, Public Health, appeazed and reported the utiliries are required to notify the Health Department if a property does not have a utility after 30 days. The meter was yellow tagged and tampered with. NSP was informed and the meter was locked. A woman who said she lived there was told by Mr. Juenemann they had six days to vacate. Gerry Strathman stated the city ordinance is cleaz to allow people to go into condemned buildings for repairs during the daytime. Also it is the law of the City that a11 domiciles have basic utilifies: heat, water, electricity, sewer. Gerry Strathman denied the appeal. The meeting was adjourned at 2:39 p.m. Council File # �� � Green Sheet # ` �1�i�� RESOLUTION SAINT PAUL. MINNESQTA �J� Presented Referred To Committee Date 1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 1 decision 2 of the Legislative Hearing Officer: 3 �opert���ealed 4 355 Marshall Avenue, Christ's Household of Faith Church 5 Decision: Appeal granted 6 1261 East Seventh Street 7 Decision: Appeal denied but amend order to vacate to July 15,1997. 8 435 Front Street, R.P. Management, Inc. 9 Decision: Grant variance until code compliance inspecfion 10 in July 1999. 11 Lexington Park Apartments at 499 Lexington Parkway, 12 lll2 Randolph Avenue, 1130 Randolph Avenue, 13 and 1144 Randolph Avenue 14 Decision: Laid over indefinitely. 15 496 Holly Avenue 16 Decision: Laid over indefinitely. 17 69A Jenks Avenue 18 Decision: Appeal denied. 19 927 West Central Avenue 20 Decision: Appeal denied. 21 846-848 University Avenue West 22 Decision: Appeal denied. 23 507 Arcade Street 24 Decision: Appeal denied. Ap�ellant Vernon Hanns Bernadette Draughn John Lackenmayer Doug Simek David Potter Bernt Emerson Benjamin Roberts Fitzgerald Steele Alan Van Hoever 1 �� " �� ` Requested by Department o£ Adopted by Council: Date ��_ Adoption Certified by Council S retary By: � Approved 6y ay�t 7 � U Q� � By: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � Y Y fV ( �/ DEPARTMENIIOFFICFlCOUNCIL DATE If1R1ATFA p cr�courrc� izi� GREEN SHEE _- 3567 CONTACT PEFSON & PHONE INRIAUDA7E INRIAL/DATE O DEPAqTMENT DIRECTOR � CITY COUNCIL Geuy Strathman 26Cr8575 nss�cx � crrv AnoaNer � cm c�aK MUST BE ON COUNCIL AGENDA BY (DAT� pp�N� � BUDGET DIRECTOR � FIN. 8 MGT. SFAVICES DIR. July 9 > 1� ORUER O MAVOR (OR ASSISTANT) ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) `� decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the July 1, 1997 meeting. RECOMhtENDATiONS: Apprave (A) or tiejeq (R) pERSONAL SERVICE CONTqACTS MUST ANSWER TXE FOLLOWING �UESTIONS: _ PLpNNING CAMMI$$ION _ CIVIL SEFiVICE COMMISSION �� Has this pewon/firm ever wodcetl under a conVact for this tlepartment? � _CIBCOMMRTEE _ YES - MO ��� — 2. Has this perso�rm ever been a city employee? VES NO q _ DISTRIC7 COURi _ 3. Does this person/firm possess a skill not noRnalty pos5essed by any wrtent cdy amployee? SUPPORT$ WNICH COUNCIL OBJEClIVE? YES NO Exp1aM all yes answers on separate sheai anE nttach to green sheet INITIATIN6 PROBLEM. ISSUE, OPPE1fiTUNfTY (WM1O, NTat, Wnen, Where, Why�: ADVANTAGES IF APPROVEO: ! DISAWANTACaES IFAPPROVEO: DISADVANTAGES IF NOTAPPflOVED: � TOTAL AMOUNT OF TRANSACTION S COST/qEVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITY NUMBER FINANCIAL INFORMATfON: (EXPLAINI 5� `f7- B��I Property Code Enforcement Meeting July 1,1997 Gerry Strathman called the meeting to order at 132 p.m. 335 Marshall Avenue. Christ's Household of Faith Church Vernon Harms, appellant, appeazed and stated he is appealing the orders to provide a third egress for the classrooms at the school. The azea in question was originally the balcony, which seats 200. The auditorium seats 500. A wall was put from the front of the balcony to the ceiling to create a classroom. A number of seats were removed although 125 remain. The size of the classes are 85 maYimum, but most classes are in the 55 range. There aze two egresses. One e�ts into the second floor school hallway and one exits downstairs into the foyer of the auditorium. Mr. Hanns is coxnfortable the situation is adequate and safe. The room is about 50 feet wide and 40 feet long. In order to add a third egress, the concrete floar with struct�iral steel would haue to be broken into, which would be very expensive and unnecessary. Gerry 5trathman asked what is the fixrthest distance a person could be from one of the two e�ts and if one of the egresses is unusable, how far is the neact e�t. Vernon Hanns responded 35 to 40 feet is the furthest a person could be from an exit. If the closest ea ess is not usable, it would be an additional4 or 5 feet to the other one. The exits are adj acent to each other. Steven Arxnstrong, Fire Prevention, reported the exits are so close together that the likelihood of one of them being unusable would mean both are unusable. They are only five feet apart. The exits are not conforming and they do not have that sepazation. A hole in the floor to make an exit would be one way to solve the problem ar a wall could be built inside the room so getting out the other exit would involve going up the stairs. Mr. Strathman stated the inspector is correct in that the situation is non conforn�ing, however the appeal is granted based on the judgement that the arganizafion would not make a request if it is not considered safe for the chiidren that would be there. Mr. Hanns stated that is a good assumption. Czerry Strathman granted the appeal. 1261 East 5eventh Street Regina Wagner, attorney representing occupant Bernadette Draughn, appeazed and stated the occupant has filed an appeal of the notice of condemnation and order to vacate which was issued on June I 1 after the inspections that let to the revocations of the certificate of occupancy on May 8. There were 12 items that needed to be repaired. Ms. Wagner spoke to inspector Dennis Watters after the May 8 certificate of occupancy. From the reading of the deficiencies listed, Ms. Draughn was surprised that a decision to condemn the building was made. Ms. Draughn was already pursuing a tenants remedies action in Housing Court to have the repairs made. The items ��-�77 Properiy Code Enforcement Meeting 3uly 1, 1997 Page 2 in Ms. Draughn's apartment are only referenced in Item 7 which deals with closet doors. Ms. Wagner stated her client is pianning to vacate and would like an extension of the vacate through July 7. Also, the deficiencies listed do not rise to the level of condemnation. Ms. Wagner talked with the owner and his intentions were to not make the repairs unless ordered to do so as part of Ms. Draughn's case which is not going to happen. Pat Fish, Fire Prevenfion, appeazed and reported that Dennis Watters was the inspector on this property and she talked with him about this. There were several reinspections and there was little progress. Revoking the certificate of occupancy actually means the building has to vacate if the home is not condemned so the end result is the same. Mr. Watters conversafion with the owner was that the owner had no intentions of making the repairs. Community Stabilization was contacted about doing tenants remedies on ttus properry. It is unknown where they are with this. Gerty Strathxnan stated these violations in themselves do not result in an nnmediate condemnation, but faced with an owner that refuses to work towazds bringing the building into compliance has prompted the condemnation order. Gerry Strathman denied the appeal, but amended the order to vacate to July 15, 1997. 435 Front Street, R.P. Manaeement, Inc. Allen Glorvigen, manager of property, appeazed and stated he is asking for a stay of the order far an egress for the windows. It would be expensive to replace them. Gerry Strathxnan asked how many windows need replacing. Mr. Glorvigen responded his orders are to replace the windows as they need replacing. None have been replaced yet. There are appro�mately 33 windows altogether. Pat Fish stated only one window in each bedroom has to be in compliance, which would be 22 windows. Gerry Strathman stated the windows need to be replaced but not immediately. Mr. Strathman granted a variance for the windows until the next code compliance inspection in two yeazs. In the interim, hopefully this problem will take caze of itself. Gerry Strathman granted the variance until the code compliance inspection in July 1999. Lexington Park Apartments at 499 Leungton Parkway. 1112 Randolph Avenue, 1130 Randolph Avenue. 1144 Randolnh Avenue No one appeazed. Pat Fish stated this is a fire door issue. Appellant was told this was postponed and he would get a letter. ' ��1-�� 7 Property Code Enforcement Meeting July 1, 1997 Page 3 Gerry Strathman laid this over indefinitely. 496 Holly Avenue Rachelle Holly appeared and stated this is a building of 4 condominiums, everyone owns the'u own unit, and Ms. Holly is one of the owners. In the certificate of occupancy inspection this year, the owners were told to replace their 120 year old Victorian doors. Gerry Strathman stated the fire marshal has initiated these enforcements because of new testing that was done recently that showed these doors do not meet fire codes. The City Council has the authority to make modification and has asked the fire marshal to prepaze something for their consideration that would address this problem. All fire door matters aze being laid over indefinitely until the Council acts on a plan from the fire marshal. Gerry Strathman laid this over indefinitely. 694 denks Avenue No one appeazed; Gerry Strathman denied the appeal. 927 West Central Avenue Benjamin Roberts, owner, appeazed and stated the condemnation is the result of police finding tenants with drugs on February 5. Mr. Roberts was informed the building was considered a vacant building. In order to be able to reoccupy the property, Mr. Robert got a code compliance. The initial condemnafion had 13 items on the list. The ones that would directly effect the health and safety of occupants, might have been the furnace. Someone had flipped the switch on the furnace so it looked as if it was not operable at the tnne. The building has been vacant since February. Reneta Weiss, Public Health, appeared and reported a file was opened on February 18. Within a 30 day period of time, if the owner completed the items on the condexnnation, the inspector would go back and then close the file. The inspectors were never called back. This was put in a Category 3 which requires a$2,000 bond. Benjamiu Roberts stated there was no indication about what would happen if he did not comply in 30 days. The roof is a big item. The boiler needs to be replaced. He got the fiunace fixed last winter, however Mr. Roberts Imows replacing the automatic or manual gas valve amounts to installing a new fiunace. The house is habitable and he is willing to make the repairs. The building is good and poses no threat. Mr. Roberts stated he does not haue $2,000 for the bond, $5,000 for the roof, nor $6,000 for a furnace. ��-�7� Properiy Code Enforcement Meeting July 1, 1997 Page 4 Gerry Strathman stated he has not heazd anything that indicating the Health Deparlment acted outside it's authority and declaring it to be a vacant building is a reasonable detenvivarion. Mr. Slrathman informed Benjamin Roberts of his rights to make his case before the Council on July 9. Gerry StratYunan denied the appeal. 846-848 UniversitXAvenue West No one appeared; Gerry Strathman denied the appeal. 507 Arcade Street Alan Van Hoever, owner, appeared and stated he would like to reverse the decision on the properiy. On June 13 a card was placed on the property far no electricity. He was told to be out by June 18, but he could be there during daylight. On June 19, another health inspector came out and said he could be on the properiy when doing repairs. Mr. Van Hoever asked why a homeowner is not informed that the home can be condemned if there is no electricity at the residence. Donald Juenemann, Public Health, appeazed and reported the utiliries are required to notify the Health Department if a property does not have a utility after 30 days. The meter was yellow tagged and tampered with. NSP was informed and the meter was locked. A woman who said she lived there was told by Mr. Juenemann they had six days to vacate. Gerry Strathman stated the city ordinance is cleaz to allow people to go into condemned buildings for repairs during the daytime. Also it is the law of the City that a11 domiciles have basic utilifies: heat, water, electricity, sewer. Gerry Strathman denied the appeal. The meeting was adjourned at 2:39 p.m.