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98-1019� �W�� ! OR I GfNAt � �.,`.�.�� Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 3, 2 1998 decision of the Legislative Hearing O�cer on Property Code Enforcement Appeals for the following 3 addresses: 4 5 6 7 8 9 10 11 12 Proneriy A�pealed 960 Juno Avenue (Laid over from 10-20-98) Withdrawn. Apoellant Ronald Staeheli ll71 Minnehaha Avenue East Anthony Ackermann Decision: The appeal is granYed as follows: 1) Down spouts do not have to be connected because there aze no gutters, 2) All units should have either sash cords or clips on the windows, 3) A building inspectox will contact Anthony Ackerman to make an appointment in order to get the furnace inspected and to complete the permits. 13 769 Seventh Street East (Laid over from 9-1-98) 14 Decision: Appeal denied. 15 16 17 18 19 ?0 ?i �2 3 4 5 55 Front Street (Laid over from 10-20-98) Decision: Appeal denied. 76 Stevens Street West Decision: Appeal denied. 53 Dale Street North Decision: Appeal denied. 149 Morton 5treet West Withdrawn. 642 Thomas Avenue Decision: Appeal denied. i 1564 Upper Afton Road {Laid over from 9-15-98) � Decision: Appeal denied, Babette and Timothy Langness I,orenzo Reed Daniel Nelsen 7eanette Kamman Irene Martinez Brenda Hunt Robert and Marion Dufresne, Susanne� Bothke j 1 ,� 6�re/t--� � `� ��0' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Councii File # � �' � 0 �9 Green Sheet # 62258 "'t"�+ �1� 5 i �q9q C 1CS - 1v�q 2 � Yeas Na s Absent BlakeY � Coleman � Hatris � Benanav � Reiter � Bostrom � Lantry � � � � Adopted by Conncil: Date �� <�, l`� � l Adoption By: Approved � Requested by Depamnent of: � Form Approved by City Attorney By: Approved by Mayor for Submission to Council � 2 � Gerry Strathman, 266-8575 November 12, 1998 Consent � •sa� �uxwa sae aortre+o osoae TOTAL f OF SIGNATURE PAGES Approving the decision of the I.egislative Hearing Of£icer on Property Code En£orcement Appeals for the 11-3-48 meeting on the=,foilowirig addresses: 769 Seventh Street East, 55 Front Street, 960 3uno Avenue, 1171 Minnehaha Avenue East, 76 Stevens Street West, 642 Thomas Avenue, 53 Dale Street North, i49 Morfon Street West, and 1564 Upper Afton Road. PLANNING COMMISSION CIB CAMMT'EE CML SERVICE COMMISSION �6v� ��.�aP�;'C4� S� _;^;tt�.0 � �� it�;� r, MADUNT OF TRANEACTION t 30URCE = GREEN SHEET ewax�rowcRaR Ct�-1o19 N� 62258 � ot.co�.ra. ❑ an�rrauer ❑ anaau ❑ wuwcw�mvaso�e ❑ wuwcuiauw,�ero ❑r�ro�aieuasr,wn ❑ �cuP 1►u �ocanows FaR s�cn►asus� Ilee We OeBOMrm e�arxnAred udera �aNractlorNwa depv6rent'! vES MO thsttA� DewoMxm e.er heen a cNY �P�i�7 YES IJO Ooec Uds persaJfirm Ooseees e aW'q not nnme�MD�eaeae0 DY 7nY ��Y �DbYee7 YES q0 h Mie penoMpm e taryMed vantloY! YES NO GOST�RE4F.NUE BUDOETED (qRCLE ONEI r�u;n�rr� `!ES NO RECEIVED — t�i$��' MAYOR'S OfF10E Council File # ° t � - lo ��( Green Sheet # RESOLUTION OF SAINT PAUL, M{IVPIESOTA Presearea Referred To Date �5 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby 2 1998 decision of the Legislative Aearing Officer on Properry Code Eni 3 addresses: 4 5 6 7 S 9 10 11 12 nd approves the November 3, Appeals for the following Prooerty A�ealed 960 Juno Avenue (L.aid over from 10-2o-98) Withdrawn. Staeheli 1171 Minnehaha Avenue East Anthony Ackermann Decision: The appeal is a anted as follows: 1) Downspout do not have to be connected because there are no gutters, 2) All units should have either sash cords ar clips the windows, 3) A building inspector will contact Anthony Ackerman to make an appointment in order to et the furnace inspected and to complete the pernuts. 13 764 Seventh Street East {Laid over from 9-1-98) 14 Decision: Appeal denied. 15 16 17 (8 l9 0 1 2 3 F 55 Front Street (Laid over from 10-20-98) Decision: Appeal denied. 76 Stevans Street West Decision: Appeal denied. 53 Dale Street North Decision: Appeal denied. 149 Morton Street West Withdrawn. 642 Thomas Avenue Decision: Appeai dex Babette and Timothy Langness L,orenzo Reed Daniel Nelsen Jeanette Kamman Irene Martinez Brenda Hunt 1 ��s-�o�� 1 2 3 4 5 b 7 B�y Coleman Hams Benan Rei Bostro Lantry by Department of: � Adopted by Council: Date _ � Adoption Certified by Council 0 By: l Approved by Mayor: Date _ � BY� � � Form Approved by City Attorney � Agproved 6y Mayor for Submission tA Council � 2 �� `� �s-��t NOTES OF THE PROPEI2TY CODE ENFORCEMENT MEETING November 3,1998 Room 330, City Hall Gerry Strathman, Legisiative Hearing Officer Staff Present: John Conway, License, Inspections, Environmental Protection (LIEP); Pat Fish, Fire Prevention; Steve Magner, Code Enforcement; James Prill, Code Enforcement; Steven Schiller, Fire Frevention, Dennis Senty, Code Enforcement; Gerry Strathman called the meeting to order at 131 p.m. 960 duno Avenue (L.aid over from 10-20-98) Gerry Strathman stated that at the last hearing, an option was considered to allow Ronald Staeheli occupancy of this building without replacing the foundation. This oprion would add an indemnity ciause to the titie. Mr. Strathman discussed this option with Virginia Palmer of the City Attorney's Office. Ms. Palmer's conclusion is there was no way for the City to say this property was not code compliant and at the same time say that it was. It is Mr. Staeheli's contention that Maintenance Code Chapter 34 does not make direct reference to settling nor a level basement floor. The building inspectors take a different view: these things are covered under Chapter 34 where it reads the foundation must be maintained in a professional and workmanlike fashion. Another section cites structural supports not being in a deteriarated position. Also, the building codes and other codes are included in these sections by reference. Ronald Staeheli stated Gerry Strathman explained the issue well except that Chapter 34 does address foundations by saying it must adequately support the property. John Conway has described the properiy as failed but stable. If the City says the foundataon is illegal in iY s current condition, then the City should be able to point ta a specific 1aw. It is obvious that the legislafive code is written in a way to take into account 100 pear old buildings. Mr. Conway is saying he has Co apply standas•ds of the cunent industry when doing inspecUOns against existing housing. This shows that he is looking at it from a new construction point of view rather than someone who is more versed in dealing with existing buildings and what is reasonable to do. Mr. Staeheli feels it is reasonable to liee ln a property that has setfled but is stable. Gerry Strathman asked about the other items cited in the code compliance inspection. Ronald Staeheli responded he would be willing to withdraw the appeal on the other items if the foundation issue can be settled. John Conway reported when a foundation has failed this significantly, there is cause for alarm. L]EP tries to make recommendations that are feasible. The letter from Don Wagner says to repair, replace, or get an engineer's evaluation. Obviously, LIEP was trying to work with the exisung situation and not trying to make up rules. Ali the inspectors who have seen the property have the same conclusion: it is a failed foundation. Old houses do settle, but typically not this severely. This property has buckled far in excess of the norm. The house is beazing on the foundation probably because it has no place else to bear. Once the foundation reaches � � �o�� PROPSRTY CODE ENFORCEMENT MEET'ING NOTES OF 11-3-98 Page 2 equilibrSum--and it could collapse before that--the house will stilI be bearing on it and it will most likely be in the hole when it does. It is unknown when it will happen. The house is still moving. The foundation walls show sign of patching over yeats, and there aze still open ctacks. This shows the walls are still in flux and have not reached equilibrium yet. It is stable in a momentary condition, but it is not stabie in terms of a solid good footing for a home. Gerry Strathman stated he tried to find a solution to this issue. First, he asked for a second inspector to look at the property. Second, he looked for legal accommodations that would allow Ronald Staeheli to occupy this building despite the inspectors' opinions. Neither of these options have been successful_ Now, Mr. Strathman is down to wheYher the building inspectors have acted in a reasonable fashion or misinterpreted the code. Mr. Strathman does believe the lnterpretation of the foundation is a reasonable one, and the inspectors have acted in a reasonable fashion. Therefore, Mr. Strathman stated he will deny the appeal. At this time, Ronald Staeheli withdrew his appeal. Appeal withdrawn. 1171 Minnehaha Avenue East Anthony Ackermann, owner, appeared and stated he is appealing three of the items on the DeficiencylCorrection List. Item 1 is for reconnecting down spouts, however the property has no gutters nor down spouts. Pat Fish responded she is surprised that the property has no gutters. Gerry Strathman stated if the property has no gutters and no down spouts, then Chey obviously do not have to be connected. Mr. Ackermann stated Item 2 reads to repair the broken sash cords in the units, however most units do not have sash cords anymore. (Mr. Ackermann presented photographs which were later returned.) Pat Fish responded sash cords should be in working condition or clips should be installed. Mr. Ackermann stated he was okay with tt�is. Mr. Ackermann stated Item 6 reads to bave inspectors inspect the new furnace and to have the permits completed. The fumace was installed in 1996 for $5,000. Tt had a permit. Mr. Ackermann refuses to call an inspector to inspect the furnace because he does not feel it is his responsibility to do the calling. An inspector can just go to the property because the door is always open. Pat Fish responded a permit was puiled, but it was never signed off by the contractor. Normally, the contractor would arrange for the inspector to come in when the work is completed. However, the contractor usually does not wait for an inspector to arrive so the responsibility ultimately falls on the building owner who has access to the building. The building owner should make an appointment for the inspector to come to the property. Gerry Strathman stated the appeal is granted as follows: 1) Down spouts do not have to be connected because there are no gutters, 2) All units should have either sash cords or clips on the °t�-�o��t PROPERTY CODE ENFORCEMENT MEETING NOTES OF 11-3-98 Page 3 windows, 3) A building inspector wiil contact Anthony Ackerman to make an appointment in order to get the furnace inspected and to complete the permits. 769 Seventh Street East (I,aid over from 9-1-98} No one appeared representing the properiy. James Prill reported the owner was glven until today to make substantial progress. Mr. Prill looked at the property today. Some work has been done. The asphalt siding has been removed. It does not look like the owner has done any other work. Gerry Strathman denied the appeal. 55 Front Street (Laid over from 10-20-98) No one appeared representing the properry. Dennis Senty teported the appeal was for an arder to vacate a Category 3 vacant buiiding. Steve Magner spoke to the person that applied for the appeal and that person ls moving out today. Gerry Strathman denied the appeal. 76 Stevens Street West No one appeared represenfing the property. Pat Fish reported Item 1 on the Deficiency/Correction List is to repalr the him boazd on the garage, which is just a maintenance issue. Item 5 is on the list because only two locks are allowed on an exit door. The rationale is to get out quickly in an emergency. Gerry Strathman denied the appeal. 53 Dale Street North Jeanette Kaimnan, owner, appeared and stated she has all her books in this house. She is a librarian and gets letters from companies requesting information. Ms. Kumnan is appealing this buiiding being calied vacant because it is not. Gerry Strathman asked was it zoned a library. Ms. Kamrnan responded if the house bas to be in a zoning azea, she is wiiling to do that if requested, however it seems the Vacant Buildings Department does not want it to be a library. Dennis Senty reported this file was opened in November 1941. In February of 1943, the property owner was notified that this structure was residential and could not be used as a library. In February 1994, the property owner pled guilty to failure to pay the vacant building fee. April G i �S-\U \�1 PROPERTY CODE ENFORCEMENT MEETIIVG NOTES OF 11-3-48 Page 4 1991, the legislafive hearing officer denied the appeal of the vacant building fee and status; the City Council agreed. November 1997, the courts found the owner guilry of failing to pay the fee. Jeanette Kamman stated she shouid be able to do whatever she wants with her own house. Gerry Strathman denied the appeal. 149 Morton Street West Miguel Martinez stated this is concerning a caz in his backyard. He received an extension. The car was not running then, but is running now. Mr. Martinez is working on getting his first drivers license and requested an extension of 30 days. The vehicle is on a slab in his backyard where the garage used to be. The caz does not have tabs and the windows are down because the motor is broken. Mr. Strathman stated the vehicle can only be stored in the open if it is licensed with tabs. Steve Schiller reported Miguel Martinez's mother was told to currentiy license the car. No one requested extra time, which Mr. Schiller would have gladly given. Gerry Strathman told Miguel Martinez that if he withdraws the appeal, Mr. 5chiller will grant extra time. Mr. Martinez agreed to this. Appeal withdrawn. 642 Thomas Avenue, 2° Floor Brenda Hunt, tenant, appeared and stated the property was over occupied because her cousin's family moved in. It was originally two bedrooms, but she made it into three bedrooms. Ms. Hunt believes this is one reason the property was condemned. She asked the landlord would it be okay if she took the downstairs unit, and her cousin took the upstairs. The landlord never got back in touch with her. Steve Magner responded there were other complications with the neighborhood and problems with teenagers congregating at the property. The owner was sympathetic, but thought it was better not to have the property occupied. Brenda Hunt responded she has had complaints about teenagers congregating in front of her home. She does not know these teenagers and neither do her children. Ms. Aunt is willing to make the repairs herself. The outlets and the windows aze taken care of. The smoke detector needs a battery. The kitchen floor is done. It is difficult to find a residence big enough for her family. Gerry Strathman denfed the appeai. The inspector acted appropriately when issuing this order of condemnation. Everyone agrees the residence is overcrowded. The owner needs to come forward and take responsibility because the order of condemnation is served on him. The tenant does not have the ability to make these legal requirements because she does not own it. There `� � �o�c� PROPERTY CODE ENFORCEMENT MEETIlVG NOTES OF 11-3-98 Page 5 are legal remedies to deal with this situation. Mr. Strathman recommended Ms. Hunt talk to an organiza6on such as the Tenants Union and the Community Stabilization Project (CSP). Steve Magner stated he will give Ms. Hunt information about the CSP. The meeting was adjourned at 2:15 p.m. rtn ��-�c: �� MINUfiES OF THE LEGISLA'PIVE HEARING Navember 3,1998 Room 330 City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Dave Dickhut, Public Works; Thomas L,eClair, License, Inspections, Environmental Protection (LIEP}; Chuck Votel, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman called the meeting to order at 10:01 a.m. Property Code Enforcement Appeal for 1564 Upner Afton Road; Robert and Marion Dufresne, Susanne Bothke. (LIEP) (Laid over from 9-15-98) Thomas LeClair reported that at the last meeting Robert Dufresne felt the report he received was 3n enor. Since then, Mr. Dufresne told Mr. I.eClair that the initial report was correct and Mr. Dufresne's plans were incorrect. The initial order was issued on 1Q-27-98 to hook up the property to the sanitary sewer as per the legislative code which says when a sewer is available, a property should be hooked up to it. Also, this issue could set precedent for properties in the future. Dave Dickhut reported that in the initial hearing, Chere was a statement that the City would not let the Dufresnes hook up to a new sewer in Dora Lane. However, the Dufresnes do not have direct frontage to Dora Lane and would have to provide a private easement. Hooking up the sewer to Dora Lane would save them some distance. Robert Dufresne appeared and stated he represents his puents who are in a nursing home. Their property does not have a direct connection to Dora Lane, and they would have to get an easement through the adjacent property owners to make the connection. That would save 50 feet of sewer connection link, solve the elevation issue, and eliminate the need for a lifC stafion. The other limitarions are the physical ability to get there: an asphalt driveway is involved, the azea is lined with mature eim trees, and the property on the west side is right up to the property line. This connection project may cost $50,000. It is difficult to even get a bid on this project. Mr. Dufresne feels the report should not say the septic system has failed. The system functions fine: it does not leak, run, nor back up. Mr. Dufresne has talked to someone about designing a septic system that would meet state code. The estimated cost would be $400 to design a system and $7,000 to $10,000 to install it. The issue comes down to the affordability of making the connection to the City sewer. There have been precedents whereby home owners were allowed to keep their septic system. If this appeal is not granted, Mx. Dufresne wili chalienge it. Geiry Strathman asked about the Dora Lane connection. Robert Dufresne responded the excavation for the connection would still involve a substantial part of the driveway and mature elm trees. He would have to get legal easement fxom the owners. Mr. Dufresne asked did anyone visit the site to see if a connection is reasonable. Dave Dickhut responded his office has °` �-�c� �� LEGISLATIVE HEARING MINLTTES OF 11-3-98 Page 2 topographical and aerial photo information available, however his office does not have the staff to go on site. Gerty Strathman denied the appeai. Staff is acting in accordance with the city code. The question is whether the city code should be amended, but that cannot be decided at this hearing. This matter will be on the City Council agenda for November 12, 1998. Robert Dufresne should speak to Councilmember Kathy Lantry before November 12 to explain the situatian. Smumary Ahatement Appeal for 1084 Edgerton StreeG (Laid over from 10-6-98) Guy Willits reported the yard is clean, the vehicle is cleaned out, and on an approved surface as of October 20. The only thing left is that the vehicle is not licensed. Gerry Strathman denied the appeal. The meeting was adjourned at 10:26 a.m. rrn � �W�� ! OR I GfNAt � �.,`.�.�� Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 3, 2 1998 decision of the Legislative Hearing O�cer on Property Code Enforcement Appeals for the following 3 addresses: 4 5 6 7 8 9 10 11 12 Proneriy A�pealed 960 Juno Avenue (Laid over from 10-20-98) Withdrawn. Apoellant Ronald Staeheli ll71 Minnehaha Avenue East Anthony Ackermann Decision: The appeal is granYed as follows: 1) Down spouts do not have to be connected because there aze no gutters, 2) All units should have either sash cords or clips on the windows, 3) A building inspectox will contact Anthony Ackerman to make an appointment in order to get the furnace inspected and to complete the permits. 13 769 Seventh Street East (Laid over from 9-1-98) 14 Decision: Appeal denied. 15 16 17 18 19 ?0 ?i �2 3 4 5 55 Front Street (Laid over from 10-20-98) Decision: Appeal denied. 76 Stevens Street West Decision: Appeal denied. 53 Dale Street North Decision: Appeal denied. 149 Morton 5treet West Withdrawn. 642 Thomas Avenue Decision: Appeal denied. i 1564 Upper Afton Road {Laid over from 9-15-98) � Decision: Appeal denied, Babette and Timothy Langness I,orenzo Reed Daniel Nelsen 7eanette Kamman Irene Martinez Brenda Hunt Robert and Marion Dufresne, Susanne� Bothke j 1 ,� 6�re/t--� � `� ��0' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Councii File # � �' � 0 �9 Green Sheet # 62258 "'t"�+ �1� 5 i �q9q C 1CS - 1v�q 2 � Yeas Na s Absent BlakeY � Coleman � Hatris � Benanav � Reiter � Bostrom � Lantry � � � � Adopted by Conncil: Date �� <�, l`� � l Adoption By: Approved � Requested by Depamnent of: � Form Approved by City Attorney By: Approved by Mayor for Submission to Council � 2 � Gerry Strathman, 266-8575 November 12, 1998 Consent � •sa� �uxwa sae aortre+o osoae TOTAL f OF SIGNATURE PAGES Approving the decision of the I.egislative Hearing Of£icer on Property Code En£orcement Appeals for the 11-3-48 meeting on the=,foilowirig addresses: 769 Seventh Street East, 55 Front Street, 960 3uno Avenue, 1171 Minnehaha Avenue East, 76 Stevens Street West, 642 Thomas Avenue, 53 Dale Street North, i49 Morfon Street West, and 1564 Upper Afton Road. PLANNING COMMISSION CIB CAMMT'EE CML SERVICE COMMISSION �6v� ��.�aP�;'C4� S� _;^;tt�.0 � �� it�;� r, MADUNT OF TRANEACTION t 30URCE = GREEN SHEET ewax�rowcRaR Ct�-1o19 N� 62258 � ot.co�.ra. ❑ an�rrauer ❑ anaau ❑ wuwcw�mvaso�e ❑ wuwcuiauw,�ero ❑r�ro�aieuasr,wn ❑ �cuP 1►u �ocanows FaR s�cn►asus� Ilee We OeBOMrm e�arxnAred udera �aNractlorNwa depv6rent'! vES MO thsttA� DewoMxm e.er heen a cNY �P�i�7 YES IJO Ooec Uds persaJfirm Ooseees e aW'q not nnme�MD�eaeae0 DY 7nY ��Y �DbYee7 YES q0 h Mie penoMpm e taryMed vantloY! YES NO GOST�RE4F.NUE BUDOETED (qRCLE ONEI r�u;n�rr� `!ES NO RECEIVED — t�i$��' MAYOR'S OfF10E Council File # ° t � - lo ��( Green Sheet # RESOLUTION OF SAINT PAUL, M{IVPIESOTA Presearea Referred To Date �5 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby 2 1998 decision of the Legislative Aearing Officer on Properry Code Eni 3 addresses: 4 5 6 7 S 9 10 11 12 nd approves the November 3, Appeals for the following Prooerty A�ealed 960 Juno Avenue (L.aid over from 10-2o-98) Withdrawn. Staeheli 1171 Minnehaha Avenue East Anthony Ackermann Decision: The appeal is a anted as follows: 1) Downspout do not have to be connected because there are no gutters, 2) All units should have either sash cords ar clips the windows, 3) A building inspector will contact Anthony Ackerman to make an appointment in order to et the furnace inspected and to complete the pernuts. 13 764 Seventh Street East {Laid over from 9-1-98) 14 Decision: Appeal denied. 15 16 17 (8 l9 0 1 2 3 F 55 Front Street (Laid over from 10-20-98) Decision: Appeal denied. 76 Stevans Street West Decision: Appeal denied. 53 Dale Street North Decision: Appeal denied. 149 Morton Street West Withdrawn. 642 Thomas Avenue Decision: Appeai dex Babette and Timothy Langness L,orenzo Reed Daniel Nelsen Jeanette Kamman Irene Martinez Brenda Hunt 1 ��s-�o�� 1 2 3 4 5 b 7 B�y Coleman Hams Benan Rei Bostro Lantry by Department of: � Adopted by Council: Date _ � Adoption Certified by Council 0 By: l Approved by Mayor: Date _ � BY� � � Form Approved by City Attorney � Agproved 6y Mayor for Submission tA Council � 2 �� `� �s-��t NOTES OF THE PROPEI2TY CODE ENFORCEMENT MEETING November 3,1998 Room 330, City Hall Gerry Strathman, Legisiative Hearing Officer Staff Present: John Conway, License, Inspections, Environmental Protection (LIEP); Pat Fish, Fire Prevention; Steve Magner, Code Enforcement; James Prill, Code Enforcement; Steven Schiller, Fire Frevention, Dennis Senty, Code Enforcement; Gerry Strathman called the meeting to order at 131 p.m. 960 duno Avenue (L.aid over from 10-20-98) Gerry Strathman stated that at the last hearing, an option was considered to allow Ronald Staeheli occupancy of this building without replacing the foundation. This oprion would add an indemnity ciause to the titie. Mr. Strathman discussed this option with Virginia Palmer of the City Attorney's Office. Ms. Palmer's conclusion is there was no way for the City to say this property was not code compliant and at the same time say that it was. It is Mr. Staeheli's contention that Maintenance Code Chapter 34 does not make direct reference to settling nor a level basement floor. The building inspectors take a different view: these things are covered under Chapter 34 where it reads the foundation must be maintained in a professional and workmanlike fashion. Another section cites structural supports not being in a deteriarated position. Also, the building codes and other codes are included in these sections by reference. Ronald Staeheli stated Gerry Strathman explained the issue well except that Chapter 34 does address foundations by saying it must adequately support the property. John Conway has described the properiy as failed but stable. If the City says the foundataon is illegal in iY s current condition, then the City should be able to point ta a specific 1aw. It is obvious that the legislafive code is written in a way to take into account 100 pear old buildings. Mr. Conway is saying he has Co apply standas•ds of the cunent industry when doing inspecUOns against existing housing. This shows that he is looking at it from a new construction point of view rather than someone who is more versed in dealing with existing buildings and what is reasonable to do. Mr. Staeheli feels it is reasonable to liee ln a property that has setfled but is stable. Gerry Strathman asked about the other items cited in the code compliance inspection. Ronald Staeheli responded he would be willing to withdraw the appeal on the other items if the foundation issue can be settled. John Conway reported when a foundation has failed this significantly, there is cause for alarm. L]EP tries to make recommendations that are feasible. The letter from Don Wagner says to repair, replace, or get an engineer's evaluation. Obviously, LIEP was trying to work with the exisung situation and not trying to make up rules. Ali the inspectors who have seen the property have the same conclusion: it is a failed foundation. Old houses do settle, but typically not this severely. This property has buckled far in excess of the norm. The house is beazing on the foundation probably because it has no place else to bear. Once the foundation reaches � � �o�� PROPSRTY CODE ENFORCEMENT MEET'ING NOTES OF 11-3-98 Page 2 equilibrSum--and it could collapse before that--the house will stilI be bearing on it and it will most likely be in the hole when it does. It is unknown when it will happen. The house is still moving. The foundation walls show sign of patching over yeats, and there aze still open ctacks. This shows the walls are still in flux and have not reached equilibrium yet. It is stable in a momentary condition, but it is not stabie in terms of a solid good footing for a home. Gerry Strathman stated he tried to find a solution to this issue. First, he asked for a second inspector to look at the property. Second, he looked for legal accommodations that would allow Ronald Staeheli to occupy this building despite the inspectors' opinions. Neither of these options have been successful_ Now, Mr. Strathman is down to wheYher the building inspectors have acted in a reasonable fashion or misinterpreted the code. Mr. Strathman does believe the lnterpretation of the foundation is a reasonable one, and the inspectors have acted in a reasonable fashion. Therefore, Mr. Strathman stated he will deny the appeal. At this time, Ronald Staeheli withdrew his appeal. Appeal withdrawn. 1171 Minnehaha Avenue East Anthony Ackermann, owner, appeared and stated he is appealing three of the items on the DeficiencylCorrection List. Item 1 is for reconnecting down spouts, however the property has no gutters nor down spouts. Pat Fish responded she is surprised that the property has no gutters. Gerry Strathman stated if the property has no gutters and no down spouts, then Chey obviously do not have to be connected. Mr. Ackermann stated Item 2 reads to repair the broken sash cords in the units, however most units do not have sash cords anymore. (Mr. Ackermann presented photographs which were later returned.) Pat Fish responded sash cords should be in working condition or clips should be installed. Mr. Ackermann stated he was okay with tt�is. Mr. Ackermann stated Item 6 reads to bave inspectors inspect the new furnace and to have the permits completed. The fumace was installed in 1996 for $5,000. Tt had a permit. Mr. Ackermann refuses to call an inspector to inspect the furnace because he does not feel it is his responsibility to do the calling. An inspector can just go to the property because the door is always open. Pat Fish responded a permit was puiled, but it was never signed off by the contractor. Normally, the contractor would arrange for the inspector to come in when the work is completed. However, the contractor usually does not wait for an inspector to arrive so the responsibility ultimately falls on the building owner who has access to the building. The building owner should make an appointment for the inspector to come to the property. Gerry Strathman stated the appeal is granted as follows: 1) Down spouts do not have to be connected because there are no gutters, 2) All units should have either sash cords or clips on the °t�-�o��t PROPERTY CODE ENFORCEMENT MEETING NOTES OF 11-3-98 Page 3 windows, 3) A building inspector wiil contact Anthony Ackerman to make an appointment in order to get the furnace inspected and to complete the permits. 769 Seventh Street East (I,aid over from 9-1-98} No one appeared representing the properiy. James Prill reported the owner was glven until today to make substantial progress. Mr. Prill looked at the property today. Some work has been done. The asphalt siding has been removed. It does not look like the owner has done any other work. Gerry Strathman denied the appeal. 55 Front Street (Laid over from 10-20-98) No one appeared representing the properry. Dennis Senty teported the appeal was for an arder to vacate a Category 3 vacant buiiding. Steve Magner spoke to the person that applied for the appeal and that person ls moving out today. Gerry Strathman denied the appeal. 76 Stevens Street West No one appeared represenfing the property. Pat Fish reported Item 1 on the Deficiency/Correction List is to repalr the him boazd on the garage, which is just a maintenance issue. Item 5 is on the list because only two locks are allowed on an exit door. The rationale is to get out quickly in an emergency. Gerry Strathman denied the appeal. 53 Dale Street North Jeanette Kaimnan, owner, appeared and stated she has all her books in this house. She is a librarian and gets letters from companies requesting information. Ms. Kumnan is appealing this buiiding being calied vacant because it is not. Gerry Strathman asked was it zoned a library. Ms. Kamrnan responded if the house bas to be in a zoning azea, she is wiiling to do that if requested, however it seems the Vacant Buildings Department does not want it to be a library. Dennis Senty reported this file was opened in November 1941. In February of 1943, the property owner was notified that this structure was residential and could not be used as a library. In February 1994, the property owner pled guilty to failure to pay the vacant building fee. April G i �S-\U \�1 PROPERTY CODE ENFORCEMENT MEETIIVG NOTES OF 11-3-48 Page 4 1991, the legislafive hearing officer denied the appeal of the vacant building fee and status; the City Council agreed. November 1997, the courts found the owner guilry of failing to pay the fee. Jeanette Kamman stated she shouid be able to do whatever she wants with her own house. Gerry Strathman denied the appeal. 149 Morton Street West Miguel Martinez stated this is concerning a caz in his backyard. He received an extension. The car was not running then, but is running now. Mr. Martinez is working on getting his first drivers license and requested an extension of 30 days. The vehicle is on a slab in his backyard where the garage used to be. The caz does not have tabs and the windows are down because the motor is broken. Mr. Strathman stated the vehicle can only be stored in the open if it is licensed with tabs. Steve Schiller reported Miguel Martinez's mother was told to currentiy license the car. No one requested extra time, which Mr. Schiller would have gladly given. Gerry Strathman told Miguel Martinez that if he withdraws the appeal, Mr. 5chiller will grant extra time. Mr. Martinez agreed to this. Appeal withdrawn. 642 Thomas Avenue, 2° Floor Brenda Hunt, tenant, appeared and stated the property was over occupied because her cousin's family moved in. It was originally two bedrooms, but she made it into three bedrooms. Ms. Hunt believes this is one reason the property was condemned. She asked the landlord would it be okay if she took the downstairs unit, and her cousin took the upstairs. The landlord never got back in touch with her. Steve Magner responded there were other complications with the neighborhood and problems with teenagers congregating at the property. The owner was sympathetic, but thought it was better not to have the property occupied. Brenda Hunt responded she has had complaints about teenagers congregating in front of her home. She does not know these teenagers and neither do her children. Ms. Aunt is willing to make the repairs herself. The outlets and the windows aze taken care of. The smoke detector needs a battery. The kitchen floor is done. It is difficult to find a residence big enough for her family. Gerry Strathman denfed the appeai. The inspector acted appropriately when issuing this order of condemnation. Everyone agrees the residence is overcrowded. The owner needs to come forward and take responsibility because the order of condemnation is served on him. The tenant does not have the ability to make these legal requirements because she does not own it. There `� � �o�c� PROPERTY CODE ENFORCEMENT MEETIlVG NOTES OF 11-3-98 Page 5 are legal remedies to deal with this situation. Mr. Strathman recommended Ms. Hunt talk to an organiza6on such as the Tenants Union and the Community Stabilization Project (CSP). Steve Magner stated he will give Ms. Hunt information about the CSP. The meeting was adjourned at 2:15 p.m. rtn ��-�c: �� MINUfiES OF THE LEGISLA'PIVE HEARING Navember 3,1998 Room 330 City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Dave Dickhut, Public Works; Thomas L,eClair, License, Inspections, Environmental Protection (LIEP}; Chuck Votel, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman called the meeting to order at 10:01 a.m. Property Code Enforcement Appeal for 1564 Upner Afton Road; Robert and Marion Dufresne, Susanne Bothke. (LIEP) (Laid over from 9-15-98) Thomas LeClair reported that at the last meeting Robert Dufresne felt the report he received was 3n enor. Since then, Mr. Dufresne told Mr. I.eClair that the initial report was correct and Mr. Dufresne's plans were incorrect. The initial order was issued on 1Q-27-98 to hook up the property to the sanitary sewer as per the legislative code which says when a sewer is available, a property should be hooked up to it. Also, this issue could set precedent for properties in the future. Dave Dickhut reported that in the initial hearing, Chere was a statement that the City would not let the Dufresnes hook up to a new sewer in Dora Lane. However, the Dufresnes do not have direct frontage to Dora Lane and would have to provide a private easement. Hooking up the sewer to Dora Lane would save them some distance. Robert Dufresne appeared and stated he represents his puents who are in a nursing home. Their property does not have a direct connection to Dora Lane, and they would have to get an easement through the adjacent property owners to make the connection. That would save 50 feet of sewer connection link, solve the elevation issue, and eliminate the need for a lifC stafion. The other limitarions are the physical ability to get there: an asphalt driveway is involved, the azea is lined with mature eim trees, and the property on the west side is right up to the property line. This connection project may cost $50,000. It is difficult to even get a bid on this project. Mr. Dufresne feels the report should not say the septic system has failed. The system functions fine: it does not leak, run, nor back up. Mr. Dufresne has talked to someone about designing a septic system that would meet state code. The estimated cost would be $400 to design a system and $7,000 to $10,000 to install it. The issue comes down to the affordability of making the connection to the City sewer. There have been precedents whereby home owners were allowed to keep their septic system. If this appeal is not granted, Mx. Dufresne wili chalienge it. Geiry Strathman asked about the Dora Lane connection. Robert Dufresne responded the excavation for the connection would still involve a substantial part of the driveway and mature elm trees. He would have to get legal easement fxom the owners. Mr. Dufresne asked did anyone visit the site to see if a connection is reasonable. Dave Dickhut responded his office has °` �-�c� �� LEGISLATIVE HEARING MINLTTES OF 11-3-98 Page 2 topographical and aerial photo information available, however his office does not have the staff to go on site. Gerty Strathman denied the appeai. Staff is acting in accordance with the city code. The question is whether the city code should be amended, but that cannot be decided at this hearing. This matter will be on the City Council agenda for November 12, 1998. Robert Dufresne should speak to Councilmember Kathy Lantry before November 12 to explain the situatian. Smumary Ahatement Appeal for 1084 Edgerton StreeG (Laid over from 10-6-98) Guy Willits reported the yard is clean, the vehicle is cleaned out, and on an approved surface as of October 20. The only thing left is that the vehicle is not licensed. Gerry Strathman denied the appeal. The meeting was adjourned at 10:26 a.m. rrn � �W�� ! OR I GfNAt � �.,`.�.�� Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 3, 2 1998 decision of the Legislative Hearing O�cer on Property Code Enforcement Appeals for the following 3 addresses: 4 5 6 7 8 9 10 11 12 Proneriy A�pealed 960 Juno Avenue (Laid over from 10-20-98) Withdrawn. Apoellant Ronald Staeheli ll71 Minnehaha Avenue East Anthony Ackermann Decision: The appeal is granYed as follows: 1) Down spouts do not have to be connected because there aze no gutters, 2) All units should have either sash cords or clips on the windows, 3) A building inspectox will contact Anthony Ackerman to make an appointment in order to get the furnace inspected and to complete the permits. 13 769 Seventh Street East (Laid over from 9-1-98) 14 Decision: Appeal denied. 15 16 17 18 19 ?0 ?i �2 3 4 5 55 Front Street (Laid over from 10-20-98) Decision: Appeal denied. 76 Stevens Street West Decision: Appeal denied. 53 Dale Street North Decision: Appeal denied. 149 Morton 5treet West Withdrawn. 642 Thomas Avenue Decision: Appeal denied. i 1564 Upper Afton Road {Laid over from 9-15-98) � Decision: Appeal denied, Babette and Timothy Langness I,orenzo Reed Daniel Nelsen 7eanette Kamman Irene Martinez Brenda Hunt Robert and Marion Dufresne, Susanne� Bothke j 1 ,� 6�re/t--� � `� ��0' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Councii File # � �' � 0 �9 Green Sheet # 62258 "'t"�+ �1� 5 i �q9q C 1CS - 1v�q 2 � Yeas Na s Absent BlakeY � Coleman � Hatris � Benanav � Reiter � Bostrom � Lantry � � � � Adopted by Conncil: Date �� <�, l`� � l Adoption By: Approved � Requested by Depamnent of: � Form Approved by City Attorney By: Approved by Mayor for Submission to Council � 2 � Gerry Strathman, 266-8575 November 12, 1998 Consent � •sa� �uxwa sae aortre+o osoae TOTAL f OF SIGNATURE PAGES Approving the decision of the I.egislative Hearing Of£icer on Property Code En£orcement Appeals for the 11-3-48 meeting on the=,foilowirig addresses: 769 Seventh Street East, 55 Front Street, 960 3uno Avenue, 1171 Minnehaha Avenue East, 76 Stevens Street West, 642 Thomas Avenue, 53 Dale Street North, i49 Morfon Street West, and 1564 Upper Afton Road. PLANNING COMMISSION CIB CAMMT'EE CML SERVICE COMMISSION �6v� ��.�aP�;'C4� S� _;^;tt�.0 � �� it�;� r, MADUNT OF TRANEACTION t 30URCE = GREEN SHEET ewax�rowcRaR Ct�-1o19 N� 62258 � ot.co�.ra. ❑ an�rrauer ❑ anaau ❑ wuwcw�mvaso�e ❑ wuwcuiauw,�ero ❑r�ro�aieuasr,wn ❑ �cuP 1►u �ocanows FaR s�cn►asus� Ilee We OeBOMrm e�arxnAred udera �aNractlorNwa depv6rent'! vES MO thsttA� DewoMxm e.er heen a cNY �P�i�7 YES IJO Ooec Uds persaJfirm Ooseees e aW'q not nnme�MD�eaeae0 DY 7nY ��Y �DbYee7 YES q0 h Mie penoMpm e taryMed vantloY! YES NO GOST�RE4F.NUE BUDOETED (qRCLE ONEI r�u;n�rr� `!ES NO RECEIVED — t�i$��' MAYOR'S OfF10E Council File # ° t � - lo ��( Green Sheet # RESOLUTION OF SAINT PAUL, M{IVPIESOTA Presearea Referred To Date �5 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby 2 1998 decision of the Legislative Aearing Officer on Properry Code Eni 3 addresses: 4 5 6 7 S 9 10 11 12 nd approves the November 3, Appeals for the following Prooerty A�ealed 960 Juno Avenue (L.aid over from 10-2o-98) Withdrawn. Staeheli 1171 Minnehaha Avenue East Anthony Ackermann Decision: The appeal is a anted as follows: 1) Downspout do not have to be connected because there are no gutters, 2) All units should have either sash cords ar clips the windows, 3) A building inspector will contact Anthony Ackerman to make an appointment in order to et the furnace inspected and to complete the pernuts. 13 764 Seventh Street East {Laid over from 9-1-98) 14 Decision: Appeal denied. 15 16 17 (8 l9 0 1 2 3 F 55 Front Street (Laid over from 10-20-98) Decision: Appeal denied. 76 Stevans Street West Decision: Appeal denied. 53 Dale Street North Decision: Appeal denied. 149 Morton Street West Withdrawn. 642 Thomas Avenue Decision: Appeai dex Babette and Timothy Langness L,orenzo Reed Daniel Nelsen Jeanette Kamman Irene Martinez Brenda Hunt 1 ��s-�o�� 1 2 3 4 5 b 7 B�y Coleman Hams Benan Rei Bostro Lantry by Department of: � Adopted by Council: Date _ � Adoption Certified by Council 0 By: l Approved by Mayor: Date _ � BY� � � Form Approved by City Attorney � Agproved 6y Mayor for Submission tA Council � 2 �� `� �s-��t NOTES OF THE PROPEI2TY CODE ENFORCEMENT MEETING November 3,1998 Room 330, City Hall Gerry Strathman, Legisiative Hearing Officer Staff Present: John Conway, License, Inspections, Environmental Protection (LIEP); Pat Fish, Fire Prevention; Steve Magner, Code Enforcement; James Prill, Code Enforcement; Steven Schiller, Fire Frevention, Dennis Senty, Code Enforcement; Gerry Strathman called the meeting to order at 131 p.m. 960 duno Avenue (L.aid over from 10-20-98) Gerry Strathman stated that at the last hearing, an option was considered to allow Ronald Staeheli occupancy of this building without replacing the foundation. This oprion would add an indemnity ciause to the titie. Mr. Strathman discussed this option with Virginia Palmer of the City Attorney's Office. Ms. Palmer's conclusion is there was no way for the City to say this property was not code compliant and at the same time say that it was. It is Mr. Staeheli's contention that Maintenance Code Chapter 34 does not make direct reference to settling nor a level basement floor. The building inspectors take a different view: these things are covered under Chapter 34 where it reads the foundation must be maintained in a professional and workmanlike fashion. Another section cites structural supports not being in a deteriarated position. Also, the building codes and other codes are included in these sections by reference. Ronald Staeheli stated Gerry Strathman explained the issue well except that Chapter 34 does address foundations by saying it must adequately support the property. John Conway has described the properiy as failed but stable. If the City says the foundataon is illegal in iY s current condition, then the City should be able to point ta a specific 1aw. It is obvious that the legislafive code is written in a way to take into account 100 pear old buildings. Mr. Conway is saying he has Co apply standas•ds of the cunent industry when doing inspecUOns against existing housing. This shows that he is looking at it from a new construction point of view rather than someone who is more versed in dealing with existing buildings and what is reasonable to do. Mr. Staeheli feels it is reasonable to liee ln a property that has setfled but is stable. Gerry Strathman asked about the other items cited in the code compliance inspection. Ronald Staeheli responded he would be willing to withdraw the appeal on the other items if the foundation issue can be settled. John Conway reported when a foundation has failed this significantly, there is cause for alarm. L]EP tries to make recommendations that are feasible. The letter from Don Wagner says to repair, replace, or get an engineer's evaluation. Obviously, LIEP was trying to work with the exisung situation and not trying to make up rules. Ali the inspectors who have seen the property have the same conclusion: it is a failed foundation. Old houses do settle, but typically not this severely. This property has buckled far in excess of the norm. The house is beazing on the foundation probably because it has no place else to bear. Once the foundation reaches � � �o�� PROPSRTY CODE ENFORCEMENT MEET'ING NOTES OF 11-3-98 Page 2 equilibrSum--and it could collapse before that--the house will stilI be bearing on it and it will most likely be in the hole when it does. It is unknown when it will happen. The house is still moving. The foundation walls show sign of patching over yeats, and there aze still open ctacks. This shows the walls are still in flux and have not reached equilibrium yet. It is stable in a momentary condition, but it is not stabie in terms of a solid good footing for a home. Gerry Strathman stated he tried to find a solution to this issue. First, he asked for a second inspector to look at the property. Second, he looked for legal accommodations that would allow Ronald Staeheli to occupy this building despite the inspectors' opinions. Neither of these options have been successful_ Now, Mr. Strathman is down to wheYher the building inspectors have acted in a reasonable fashion or misinterpreted the code. Mr. Strathman does believe the lnterpretation of the foundation is a reasonable one, and the inspectors have acted in a reasonable fashion. Therefore, Mr. Strathman stated he will deny the appeal. At this time, Ronald Staeheli withdrew his appeal. Appeal withdrawn. 1171 Minnehaha Avenue East Anthony Ackermann, owner, appeared and stated he is appealing three of the items on the DeficiencylCorrection List. Item 1 is for reconnecting down spouts, however the property has no gutters nor down spouts. Pat Fish responded she is surprised that the property has no gutters. Gerry Strathman stated if the property has no gutters and no down spouts, then Chey obviously do not have to be connected. Mr. Ackermann stated Item 2 reads to repair the broken sash cords in the units, however most units do not have sash cords anymore. (Mr. Ackermann presented photographs which were later returned.) Pat Fish responded sash cords should be in working condition or clips should be installed. Mr. Ackermann stated he was okay with tt�is. Mr. Ackermann stated Item 6 reads to bave inspectors inspect the new furnace and to have the permits completed. The fumace was installed in 1996 for $5,000. Tt had a permit. Mr. Ackermann refuses to call an inspector to inspect the furnace because he does not feel it is his responsibility to do the calling. An inspector can just go to the property because the door is always open. Pat Fish responded a permit was puiled, but it was never signed off by the contractor. Normally, the contractor would arrange for the inspector to come in when the work is completed. However, the contractor usually does not wait for an inspector to arrive so the responsibility ultimately falls on the building owner who has access to the building. The building owner should make an appointment for the inspector to come to the property. Gerry Strathman stated the appeal is granted as follows: 1) Down spouts do not have to be connected because there are no gutters, 2) All units should have either sash cords or clips on the °t�-�o��t PROPERTY CODE ENFORCEMENT MEETING NOTES OF 11-3-98 Page 3 windows, 3) A building inspector wiil contact Anthony Ackerman to make an appointment in order to get the furnace inspected and to complete the permits. 769 Seventh Street East (I,aid over from 9-1-98} No one appeared representing the properiy. James Prill reported the owner was glven until today to make substantial progress. Mr. Prill looked at the property today. Some work has been done. The asphalt siding has been removed. It does not look like the owner has done any other work. Gerry Strathman denied the appeal. 55 Front Street (Laid over from 10-20-98) No one appeared representing the properry. Dennis Senty teported the appeal was for an arder to vacate a Category 3 vacant buiiding. Steve Magner spoke to the person that applied for the appeal and that person ls moving out today. Gerry Strathman denied the appeal. 76 Stevens Street West No one appeared represenfing the property. Pat Fish reported Item 1 on the Deficiency/Correction List is to repalr the him boazd on the garage, which is just a maintenance issue. Item 5 is on the list because only two locks are allowed on an exit door. The rationale is to get out quickly in an emergency. Gerry Strathman denied the appeal. 53 Dale Street North Jeanette Kaimnan, owner, appeared and stated she has all her books in this house. She is a librarian and gets letters from companies requesting information. Ms. Kumnan is appealing this buiiding being calied vacant because it is not. Gerry Strathman asked was it zoned a library. Ms. Kamrnan responded if the house bas to be in a zoning azea, she is wiiling to do that if requested, however it seems the Vacant Buildings Department does not want it to be a library. Dennis Senty reported this file was opened in November 1941. In February of 1943, the property owner was notified that this structure was residential and could not be used as a library. In February 1994, the property owner pled guilty to failure to pay the vacant building fee. April G i �S-\U \�1 PROPERTY CODE ENFORCEMENT MEETIIVG NOTES OF 11-3-48 Page 4 1991, the legislafive hearing officer denied the appeal of the vacant building fee and status; the City Council agreed. November 1997, the courts found the owner guilry of failing to pay the fee. Jeanette Kamman stated she shouid be able to do whatever she wants with her own house. Gerry Strathman denied the appeal. 149 Morton Street West Miguel Martinez stated this is concerning a caz in his backyard. He received an extension. The car was not running then, but is running now. Mr. Martinez is working on getting his first drivers license and requested an extension of 30 days. The vehicle is on a slab in his backyard where the garage used to be. The caz does not have tabs and the windows are down because the motor is broken. Mr. Strathman stated the vehicle can only be stored in the open if it is licensed with tabs. Steve Schiller reported Miguel Martinez's mother was told to currentiy license the car. No one requested extra time, which Mr. Schiller would have gladly given. Gerry Strathman told Miguel Martinez that if he withdraws the appeal, Mr. 5chiller will grant extra time. Mr. Martinez agreed to this. Appeal withdrawn. 642 Thomas Avenue, 2° Floor Brenda Hunt, tenant, appeared and stated the property was over occupied because her cousin's family moved in. It was originally two bedrooms, but she made it into three bedrooms. Ms. Hunt believes this is one reason the property was condemned. She asked the landlord would it be okay if she took the downstairs unit, and her cousin took the upstairs. The landlord never got back in touch with her. Steve Magner responded there were other complications with the neighborhood and problems with teenagers congregating at the property. The owner was sympathetic, but thought it was better not to have the property occupied. Brenda Hunt responded she has had complaints about teenagers congregating in front of her home. She does not know these teenagers and neither do her children. Ms. Aunt is willing to make the repairs herself. The outlets and the windows aze taken care of. The smoke detector needs a battery. The kitchen floor is done. It is difficult to find a residence big enough for her family. Gerry Strathman denfed the appeai. The inspector acted appropriately when issuing this order of condemnation. Everyone agrees the residence is overcrowded. The owner needs to come forward and take responsibility because the order of condemnation is served on him. The tenant does not have the ability to make these legal requirements because she does not own it. There `� � �o�c� PROPERTY CODE ENFORCEMENT MEETIlVG NOTES OF 11-3-98 Page 5 are legal remedies to deal with this situation. Mr. Strathman recommended Ms. Hunt talk to an organiza6on such as the Tenants Union and the Community Stabilization Project (CSP). Steve Magner stated he will give Ms. Hunt information about the CSP. The meeting was adjourned at 2:15 p.m. rtn ��-�c: �� MINUfiES OF THE LEGISLA'PIVE HEARING Navember 3,1998 Room 330 City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Dave Dickhut, Public Works; Thomas L,eClair, License, Inspections, Environmental Protection (LIEP}; Chuck Votel, Code Enforcement; Guy Willits, Code Enforcement Gerry Strathman called the meeting to order at 10:01 a.m. Property Code Enforcement Appeal for 1564 Upner Afton Road; Robert and Marion Dufresne, Susanne Bothke. (LIEP) (Laid over from 9-15-98) Thomas LeClair reported that at the last meeting Robert Dufresne felt the report he received was 3n enor. Since then, Mr. Dufresne told Mr. I.eClair that the initial report was correct and Mr. Dufresne's plans were incorrect. The initial order was issued on 1Q-27-98 to hook up the property to the sanitary sewer as per the legislative code which says when a sewer is available, a property should be hooked up to it. Also, this issue could set precedent for properties in the future. Dave Dickhut reported that in the initial hearing, Chere was a statement that the City would not let the Dufresnes hook up to a new sewer in Dora Lane. However, the Dufresnes do not have direct frontage to Dora Lane and would have to provide a private easement. Hooking up the sewer to Dora Lane would save them some distance. Robert Dufresne appeared and stated he represents his puents who are in a nursing home. Their property does not have a direct connection to Dora Lane, and they would have to get an easement through the adjacent property owners to make the connection. That would save 50 feet of sewer connection link, solve the elevation issue, and eliminate the need for a lifC stafion. The other limitarions are the physical ability to get there: an asphalt driveway is involved, the azea is lined with mature eim trees, and the property on the west side is right up to the property line. This connection project may cost $50,000. It is difficult to even get a bid on this project. Mr. Dufresne feels the report should not say the septic system has failed. The system functions fine: it does not leak, run, nor back up. Mr. Dufresne has talked to someone about designing a septic system that would meet state code. The estimated cost would be $400 to design a system and $7,000 to $10,000 to install it. The issue comes down to the affordability of making the connection to the City sewer. There have been precedents whereby home owners were allowed to keep their septic system. If this appeal is not granted, Mx. Dufresne wili chalienge it. Geiry Strathman asked about the Dora Lane connection. Robert Dufresne responded the excavation for the connection would still involve a substantial part of the driveway and mature elm trees. He would have to get legal easement fxom the owners. Mr. Dufresne asked did anyone visit the site to see if a connection is reasonable. Dave Dickhut responded his office has °` �-�c� �� LEGISLATIVE HEARING MINLTTES OF 11-3-98 Page 2 topographical and aerial photo information available, however his office does not have the staff to go on site. Gerty Strathman denied the appeai. Staff is acting in accordance with the city code. The question is whether the city code should be amended, but that cannot be decided at this hearing. This matter will be on the City Council agenda for November 12, 1998. Robert Dufresne should speak to Councilmember Kathy Lantry before November 12 to explain the situatian. Smumary Ahatement Appeal for 1084 Edgerton StreeG (Laid over from 10-6-98) Guy Willits reported the yard is clean, the vehicle is cleaned out, and on an approved surface as of October 20. The only thing left is that the vehicle is not licensed. Gerry Strathman denied the appeal. The meeting was adjourned at 10:26 a.m. rrn