The URL can be used to link to this page

98-1042ff"�`�'�e,C�c�� - i I� �.s ``��' ORIGINAL. Presented Refesed To RESOLUTION OF SAINT PAUL, MINNESOTA Council File # � �0�� Green Sheet # 62259 : Committee Date i BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 17, 2 1998, decision of the Legisiative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 Property Appealed Ap ellant 5 6 1285 Hamline Avenue North (Laid over from 9-15-98) Robert Davis, Jr. 7 License, Inspections, and Environmental Protection order withdrawn. This matter is closed. 8 311 Walnut Street The Gavin Residence 9 Decision: Laid over to the December 15, 1998, Property Code Enforcement meeting. 10 1201 Selbv Avenue Patrick Donohue 11 Decision: L,aid over to the December 15, 1998, Property Code Enforcement meeting. 12 640 Watson Avenue 13 Decision: Appeal denied. 14 288 Thomas Avenue #2 15 Decision: Appeal denied� C �� ' �\ �� Bazbara Bastian Mary Brandt +a-� Q �.�,,. � t , \`l`�,8' . 1 a � _,o�� 2 3 4 5 6 7 8 9 10 11 Yeas Na s Absent Blakey �/ Coleman f Harris � Benanav � Reiter � Bos�om ,j LanhY ✓ � � Adopted by Council: Date cs-o as �� Adoption By: 12 Appzovec 13 By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Council Offices Gerry Strathman, 266-8575 November 25, 1998 �� 11-17-98 Aaa1GN xureocra� ROIRING ORDQt TOTAL # OF SIGNATURE PAGES GREEN SHEET oEr�a�r owECrat �i�'�°y�' N� 62259 MXIS11Dys arvca� ❑ CIIYAiTOMEY ❑ CRYLIiRK ❑ quxu��amu¢FSOVC ❑ wuwu��aFavaaro ❑ wrae�wuanwm ❑ (CLIP ALL LOCATIONS FOR SICaNATURE) Approving the 11-17-98 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1285 Hamline Avenue North, 311 Walnut Street, 1201 Selby Avenue, 640 Watson Avenue, and 288 Thomas Avenue 9�2. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION Has ihis perso�rm ever wa�ced under a contract fw Nie aeaartment7 VES NO Ha6 Mia PereoMrtm e•xr Deen e city empbyee7 VES NO Does Mis persoM�m pocs�.res a sldN rof iwm�allvP� M�Y curteM cM1Y �PbYee7 YES NO W N� pHSUMrtn atargefed ventloR YES NO NYU� S+v��w,�u'.i W ��?ti:;�� NOl� 1 � � OF TRANSACTION COSTrttEVENUE BUDGETm (qRCLE ON� ACiIVT'NUMBER VES NO (��M �2�'Y� ��i�� y�un 1 ��-.�� y,� �� 3�� @� �� Sf. P�, �� ss��o� �pvm C U/ ( t / � q�.�oN�' / �� Y. s�� - � � ,No� �� 'g A�s � , � �-�� r° � �--�.� �, e..,� � �- �� n�-�� ss �� -�-e.�� N�,.-G� , l� ��✓s°"- �- � 3 �-8� (�-�� oD�� L � �� h�� , �i.s,,,,,� �-e. v.R uC� cr� ✓ , �� `�� .�� ,.� �' C/ i c� s �Y ` � � �5 �ev `7��-"� r^ � /�r� � �'�� 1�� t�' � � �`Ss �?—B" �- t� � �i�` � � � �� ,� /'� r . I�: lG fis yY.�u-�- G�/ �lI'�5 ' �� o , y..� ` � � � � Ss � �- �� M r� c,1 �' �� , ; � � �,�D � �- n�� -`� �, � �� r�ss . p. �' �� G�f ' " U °/ �C/ ,� /�� O f� ,� � � ,�� , „� ��- oss� � � �� '�� /� �,�. �-�� s �:� �° � � ��r� /t-�i�'� Gt,y--r� �� c� � � ��t �'� � �l �--�� , ��-�� ` � � 7 � LL � ��'os� P°s. f d /� ��` -� �j � � � 1( �-� - � j h Q � �� e ri 3� �� 'i°� �� ► y � l O�y NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING G� 0 ( Tuesday, November 17, 1998 Room 330, City Hail Gerry Strathman, Legislative Hearing Officer Staff Present: John Conway, License, Inspections, Environmental Protec6on (LIEP); Pat Fish, Fire Prevention; Aaron Rubenstein, LIEP; Paula 3eeley, Code Enforcement; Maynazd Vinge, Code Enforcement; Chuck Votel, Code Enforcement Gerry Strattaman called the meeting to order at 1:33 p.m. 1285 Hamline Avenue North (L,aid over from 9-15-98) John Conway reported the fence was installed on what looked like an encroachment. Mr. Conway had asked the owner to prove where the property line was. Instead of doing that, the owner got an encroachment pernut from Public Works, which is satisfactory to Mr. Conway. The Code Enforcement order has been withdrawn. Mr. Conway will send the owners a letter to this effect. (The LIEP order has been withdrawn and the matter is closed.) 311 Walnut Street The following appeazed: Pat Gavin, owner, and Christian Mbanefo, 14581 93'' Northeast, Otsego. Mr. Gavin stated he and his wife own this building. He is appealing the condemnation. He would like to work on the building this fall or some time in the spring. It is a historic site, and is over 150 yeazs old. Maynazd Vinge reported last spring he did an inspection and issued a coirection notice on Tune 9 listing repairs that needed to be done. Mr. Vinge talked to Pat Gavin who said he wouid start some of the work. A condemnafion order was issued for unfit for human habitation because of the condition of the house and the interior. On the Principal Violations portion of the condemnation, Mr. Vinge asked to have the sixty amp service checked by a licensed electrician, and to have the rear porch removed. Most of the porch has been removed. There is sti11 a lot of maintenance such as scraping, painting, window replacement, etc. The main concern is the electrical service and the interior of the building. Pat Gavin showed Geny Strathman photographs of what has been done so fu. Aaron Rubenstein reported that Pat Gavin asked him to be here because this house is located in the Irvine Park historic district. Any steps taken should be in the interest of the people that live there, and to make sure the building is maintained over rime. 'The exterior of the building has lazge windows close to the ground. If the building is vacated, there should be action taken to secure it. This building is characterized as pivotal to the character of Irvine Park. Pat Gavin added that if he moved out, the heat would be turned off, and the sriucture may be damaged. ��- �o y� PROPERTY CODE ENFORCEMENT NOTES OF 11-17-98 Page 2 of 4 Gerry Strathman asked about additional items to remove. Pat C'savin responded the dumpster work can be done right away. Christian Mbanefo responded he will power wash the house and paint next spring. Someone wili look at the electrical. Five or six dumpsters of refuse have been taken away already. Gerry Strathman laid over this matter to the December 15, 1948, Property Code Enforcement meefing. The orders of Maynard Vinge are correct. If the life safety issues can be taken care of—the electrical and the interior of the building—the other items can be deferred until springtime. However, Code Enforcement will have to see progress during this layover. Mr. Strathman requested Aazon Rubenstein, Pat Gavin, and Christian Mbanefo discuss how the work should be done apgropriately for the historical nature of the house. 1201 Selbv Avenue Patrick Donohue, owner, appeared and stated the request to Code Enforcement was a retaliatory response from a tenant. Mr. Donohue got a court order today to have this tenant removed. The tenants will be leaving November 23. Regazding the deficiency list, Mr. Donohue pushed the test button on the smoke detector, and it is working. The radiator is non-functional and not necessary. As for the lower level items, the tenants were not suppose to use the lower level as a bedroom. The tenants took the liberty of taking Paula Seeley through the lower level. There does not need to be an egress window there because it is not used as a bedroom. As for the outlets, probably 75% of houses do not have enough. Paula Seeley reported the frame around the window has rotted and needs to be repaired whether it is an egress window or not. The living areas in the basement have to be repaired. Even though the present tenants will be leaving, this wIll still be a xental property. Patrick Donohue responded he does not feel he should repair the ceiling panels; he could just tear out the rest of the panels. This area was never intended to be used as a habitable area. Ms. Seeley responded if that is the case, a lock should be installed on the door. Gerry Strathman laid over this matter to the December 15, 1998, Property Code Enforcement meeting. By then, the tenants will have moved out. This layover will allow more time far discussion between Patrick Donohue and Paula Seeley about Mr. Donohue's plans, and what needs to be done. If the items are worked out by December 15, then the conection order will be removed by Ms. Seeley. If not, then this matter will be discussed again at that time. 640 Watson Avenue Barbara Bastian appeared and stated her ex-husband is the owner, but she has been living there since 1991, and has taken responsibility for it. Last spring she moved out of the house because of an illness, and was unable to work. She was going back to the propetty part-time to take caze of the fish pond in the rear of the house, and to do lawn wark. Ms. Bastian's son told her that he and his two carpenter friends wanted to move into the property and repair it. The three moved in, but they did more damage than good. They trashed the inside of the house. It is in an unliveable condition right now. The doors and windows aze broken. The house is an eyesore. Ms. Bastian � � " j p �i2 PROPERTY CODE ENFORCEMENT NOTES OF 11-17-98 Page 3 of 4 decided to evict everyone; they should be out by this weekend. There is an oider couple interested in moving into the house. They aze carpenters, and would like to rent the house in exchange for low zent. Chuck Votel reported he ordered the building vacated due to lack of maintenance. He continues to get complaints on this. Gazbage continues to collect alongside the garage and alley. The City had to summary abate the gazbage for $528 on October 9. Bubaza Bastian stated she did not know about this abatement. Mr. Votel responded there was no phone number available for Ms. Bastian. People at the house would not give him any information. The required notices were sent to Ms. Bastian at 640 Watson, but no response was received. Mr. Votel stated he could wait a while before turning it into a vacant build'ang. This will give the owner time to address the problems of the house, and re-occupy it without going through an entire code compliance. Gerry Strathman asked what would have to be done before the building can be occupied. Mr. Votel responded doors, windows, a gutter is about to fall off, a general cleanup, and then he will have to walk through it to make sure theze are no safety defects. Gerry Strathman denied the appeal. The condemnation order is appropriate. Once the property is empty, the owner can do what needs to be done. If the property is taken caze of in an expeditious manner, then Ms. Bastian will only have to meet the requirements to get the condemnation lifted. If the building is left vacant, it will be placed on the City's vacant building list. Then it can only be re-occupied when it is entirely compliant with a11 City codes, which is a much higher standazd. It is in Ms. Bastian's interest to take caze of the problem quickly so it does not get registered as a vacant building. Chuck Votel stated he will need to see some progress in 30 days after it is vacant. 288 Thomas Avenue #2 Mary Brandt, appellant, appeared and stated the property was condemned for sanitary reasons. Pat Fish checked the apartment and said the reason for condemnation was for lack of electricity. Ms. Brandt filed for bankruptcy, and the electricity is on now. Pat Fish reported there are a lot of problems 3n this unit. There is an outstanding certificate of occupancy inspection by Mike Ricketson with 22 items listed. There had been some attempt to clean the unit at that time. As for Mary BrandY s earlier comment, Ms. Fish meant the condemnation could not be lifted even if the sanitation issue was take caze of because the property did not have electricity. There are four kids and two adults living in a two bedroom apartment that has only enough sleeping space for four people, therefore, the overcrowding issue still remains. The following needs to be corrected before lifting the condemnation order: torn screens, there aze no locks on the windows because they do not line up in the frame, the back door frame is smashed, no bulbs in the light fixtures, two bedroom doors need replacing, trash in the yazd, the bathroom floor is tom, the walls are dirty, the carpet is filthy, and roach infestation. Gerry Strathman stated his paperwork only says one thing: "Unit #2-Clean unit to a sanitary condition or vacate within 5 days." Pat Fish responded the unit was condemned far those issues, q�- )0` PROPERTY CODE BNFORCEMENT NO'I'ES OF 11-17-98 Page 4 of 4 but there was a problem with access to the unit when Mike Ricketson was out there. A police officer came at one time because the tenant's roommate zefused access to Mr. Ricketson. The tenant came down to the office later and agreed to let Ms. Fish in. There is a conflict going on among the tenant, the tenanYs roommate, and the owner of the building. Xang Vang, owner, appeazed and stated when Mary Brandt tried to get housing, she asked her friend, another tenant, to ask Mr. Vang. Mr. Vang let Ms. Brandt occupy the apartment. Ms. Brandt failed to sign the lease, and eventually owed a lot of money. The court ordered her to pay Mr. Vang. Also, she was ordered to sign the lease, which she did. The lease expired May 30, 1998, and she was suppose to move out. Mr. Vang went to the court, and was ordered to fix the apartment. He installed new tile in the bathroom. Last August, Ms. BrandYs children defecated all over the apartment, and she did not clean it up. The toilet plugged up and flooded the lower unit. Mr. Vang knocked on Ms. BrandYs door for an emergency check and was refused entry. The lease says that he has the right to go into the building with emergency issues. He called the police and was let in. The toilet was full of excrement. He took care of the problem himself because he could not get a plumber. These tenants throw gazbage outside. The porch is full of garbage. The reason they do not have electricity is because they do not pay their bill. Mr. Vang pays for the outside electricity. Ms. Brandt has a cord running from the outside to her apartment. This is why there are electrical cords all over the floor. The fire mazshal does not like this. Mr. Vang's water bill is $706 for that unit. Mr. Vang and Ms. Brandt have fought in the court four times for failure to pay rent. The rent for this month has not been paid. Gerry Strathman asked the status of the lease. Xang Vang responded he filed an unlawful detainer. Mary BrandY s financial worker sent the check late. Ms. Brandt has gone to a legal agency. The judge says that if the rent comes late, she has to stay. However, Ms. Brandt has promised the judge she will do her best to move out. Mary Brandt stated Xang Vang has known about a11 the repairs. All the rent has been paid except for this month, which she was told not to pay because of the condemnation. Regarding the toilet issue, Ms. Brandt called the police because Xang Vang hit her. She has asked him repeatedly to make repairs. fihe inspector Mike Ricketson has been out several times to make Mr. Vang fix these items. Pat Fish stated she told the tenants that with their relauonship with the landlord, nothing is getting accomplished. Their best option is to move out because it is overcrowded anyway. Ms. Fish will make sure the repairs get made. Gerry Strathman denied the appeal. The condemnation order is appropriate. The meeting was adjourned at 2:23 p.m. [u�� ff"�`�'�e,C�c�� - i I� �.s ``��' ORIGINAL. Presented Refesed To RESOLUTION OF SAINT PAUL, MINNESOTA Council File # � �0�� Green Sheet # 62259 : Committee Date i BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 17, 2 1998, decision of the Legisiative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 Property Appealed Ap ellant 5 6 1285 Hamline Avenue North (Laid over from 9-15-98) Robert Davis, Jr. 7 License, Inspections, and Environmental Protection order withdrawn. This matter is closed. 8 311 Walnut Street The Gavin Residence 9 Decision: Laid over to the December 15, 1998, Property Code Enforcement meeting. 10 1201 Selbv Avenue Patrick Donohue 11 Decision: L,aid over to the December 15, 1998, Property Code Enforcement meeting. 12 640 Watson Avenue 13 Decision: Appeal denied. 14 288 Thomas Avenue #2 15 Decision: Appeal denied� C �� ' �\ �� Bazbara Bastian Mary Brandt +a-� Q �.�,,. � t , \`l`�,8' . 1 a � _,o�� 2 3 4 5 6 7 8 9 10 11 Yeas Na s Absent Blakey �/ Coleman f Harris � Benanav � Reiter � Bos�om ,j LanhY ✓ � � Adopted by Council: Date cs-o as �� Adoption By: 12 Appzovec 13 By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Council Offices Gerry Strathman, 266-8575 November 25, 1998 �� 11-17-98 Aaa1GN xureocra� ROIRING ORDQt TOTAL # OF SIGNATURE PAGES GREEN SHEET oEr�a�r owECrat �i�'�°y�' N� 62259 MXIS11Dys arvca� ❑ CIIYAiTOMEY ❑ CRYLIiRK ❑ quxu��amu¢FSOVC ❑ wuwu��aFavaaro ❑ wrae�wuanwm ❑ (CLIP ALL LOCATIONS FOR SICaNATURE) Approving the 11-17-98 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1285 Hamline Avenue North, 311 Walnut Street, 1201 Selby Avenue, 640 Watson Avenue, and 288 Thomas Avenue 9�2. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION Has ihis perso�rm ever wa�ced under a contract fw Nie aeaartment7 VES NO Ha6 Mia PereoMrtm e•xr Deen e city empbyee7 VES NO Does Mis persoM�m pocs�.res a sldN rof iwm�allvP� M�Y curteM cM1Y �PbYee7 YES NO W N� pHSUMrtn atargefed ventloR YES NO NYU� S+v��w,�u'.i W ��?ti:;�� NOl� 1 � � OF TRANSACTION COSTrttEVENUE BUDGETm (qRCLE ON� ACiIVT'NUMBER VES NO (��M �2�'Y� ��i�� y�un 1 ��-.�� y,� �� 3�� @� �� Sf. P�, �� ss��o� �pvm C U/ ( t / � q�.�oN�' / �� Y. s�� - � � ,No� �� 'g A�s � , � �-�� r° � �--�.� �, e..,� � �- �� n�-�� ss �� -�-e.�� N�,.-G� , l� ��✓s°"- �- � 3 �-8� (�-�� oD�� L � �� h�� , �i.s,,,,,� �-e. v.R uC� cr� ✓ , �� `�� .�� ,.� �' C/ i c� s �Y ` � � �5 �ev `7��-"� r^ � /�r� � �'�� 1�� t�' � � �`Ss �?—B" �- t� � �i�` � � � �� ,� /'� r . I�: lG fis yY.�u-�- G�/ �lI'�5 ' �� o , y..� ` � � � � Ss � �- �� M r� c,1 �' �� , ; � � �,�D � �- n�� -`� �, � �� r�ss . p. �' �� G�f ' " U °/ �C/ ,� /�� O f� ,� � � ,�� , „� ��- oss� � � �� '�� /� �,�. �-�� s �:� �° � � ��r� /t-�i�'� Gt,y--r� �� c� � � ��t �'� � �l �--�� , ��-�� ` � � 7 � LL � ��'os� P°s. f d /� ��` -� �j � � � 1( �-� - � j h Q � �� e ri 3� �� 'i°� �� ► y � l O�y NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING G� 0 ( Tuesday, November 17, 1998 Room 330, City Hail Gerry Strathman, Legislative Hearing Officer Staff Present: John Conway, License, Inspections, Environmental Protec6on (LIEP); Pat Fish, Fire Prevention; Aaron Rubenstein, LIEP; Paula 3eeley, Code Enforcement; Maynazd Vinge, Code Enforcement; Chuck Votel, Code Enforcement Gerry Strattaman called the meeting to order at 1:33 p.m. 1285 Hamline Avenue North (L,aid over from 9-15-98) John Conway reported the fence was installed on what looked like an encroachment. Mr. Conway had asked the owner to prove where the property line was. Instead of doing that, the owner got an encroachment pernut from Public Works, which is satisfactory to Mr. Conway. The Code Enforcement order has been withdrawn. Mr. Conway will send the owners a letter to this effect. (The LIEP order has been withdrawn and the matter is closed.) 311 Walnut Street The following appeazed: Pat Gavin, owner, and Christian Mbanefo, 14581 93'' Northeast, Otsego. Mr. Gavin stated he and his wife own this building. He is appealing the condemnation. He would like to work on the building this fall or some time in the spring. It is a historic site, and is over 150 yeazs old. Maynazd Vinge reported last spring he did an inspection and issued a coirection notice on Tune 9 listing repairs that needed to be done. Mr. Vinge talked to Pat Gavin who said he wouid start some of the work. A condemnafion order was issued for unfit for human habitation because of the condition of the house and the interior. On the Principal Violations portion of the condemnation, Mr. Vinge asked to have the sixty amp service checked by a licensed electrician, and to have the rear porch removed. Most of the porch has been removed. There is sti11 a lot of maintenance such as scraping, painting, window replacement, etc. The main concern is the electrical service and the interior of the building. Pat Gavin showed Geny Strathman photographs of what has been done so fu. Aaron Rubenstein reported that Pat Gavin asked him to be here because this house is located in the Irvine Park historic district. Any steps taken should be in the interest of the people that live there, and to make sure the building is maintained over rime. 'The exterior of the building has lazge windows close to the ground. If the building is vacated, there should be action taken to secure it. This building is characterized as pivotal to the character of Irvine Park. Pat Gavin added that if he moved out, the heat would be turned off, and the sriucture may be damaged. ��- �o y� PROPERTY CODE ENFORCEMENT NOTES OF 11-17-98 Page 2 of 4 Gerry Strathman asked about additional items to remove. Pat C'savin responded the dumpster work can be done right away. Christian Mbanefo responded he will power wash the house and paint next spring. Someone wili look at the electrical. Five or six dumpsters of refuse have been taken away already. Gerry Strathman laid over this matter to the December 15, 1948, Property Code Enforcement meefing. The orders of Maynard Vinge are correct. If the life safety issues can be taken care of—the electrical and the interior of the building—the other items can be deferred until springtime. However, Code Enforcement will have to see progress during this layover. Mr. Strathman requested Aazon Rubenstein, Pat Gavin, and Christian Mbanefo discuss how the work should be done apgropriately for the historical nature of the house. 1201 Selbv Avenue Patrick Donohue, owner, appeared and stated the request to Code Enforcement was a retaliatory response from a tenant. Mr. Donohue got a court order today to have this tenant removed. The tenants will be leaving November 23. Regazding the deficiency list, Mr. Donohue pushed the test button on the smoke detector, and it is working. The radiator is non-functional and not necessary. As for the lower level items, the tenants were not suppose to use the lower level as a bedroom. The tenants took the liberty of taking Paula Seeley through the lower level. There does not need to be an egress window there because it is not used as a bedroom. As for the outlets, probably 75% of houses do not have enough. Paula Seeley reported the frame around the window has rotted and needs to be repaired whether it is an egress window or not. The living areas in the basement have to be repaired. Even though the present tenants will be leaving, this wIll still be a xental property. Patrick Donohue responded he does not feel he should repair the ceiling panels; he could just tear out the rest of the panels. This area was never intended to be used as a habitable area. Ms. Seeley responded if that is the case, a lock should be installed on the door. Gerry Strathman laid over this matter to the December 15, 1998, Property Code Enforcement meeting. By then, the tenants will have moved out. This layover will allow more time far discussion between Patrick Donohue and Paula Seeley about Mr. Donohue's plans, and what needs to be done. If the items are worked out by December 15, then the conection order will be removed by Ms. Seeley. If not, then this matter will be discussed again at that time. 640 Watson Avenue Barbara Bastian appeared and stated her ex-husband is the owner, but she has been living there since 1991, and has taken responsibility for it. Last spring she moved out of the house because of an illness, and was unable to work. She was going back to the propetty part-time to take caze of the fish pond in the rear of the house, and to do lawn wark. Ms. Bastian's son told her that he and his two carpenter friends wanted to move into the property and repair it. The three moved in, but they did more damage than good. They trashed the inside of the house. It is in an unliveable condition right now. The doors and windows aze broken. The house is an eyesore. Ms. Bastian � � " j p �i2 PROPERTY CODE ENFORCEMENT NOTES OF 11-17-98 Page 3 of 4 decided to evict everyone; they should be out by this weekend. There is an oider couple interested in moving into the house. They aze carpenters, and would like to rent the house in exchange for low zent. Chuck Votel reported he ordered the building vacated due to lack of maintenance. He continues to get complaints on this. Gazbage continues to collect alongside the garage and alley. The City had to summary abate the gazbage for $528 on October 9. Bubaza Bastian stated she did not know about this abatement. Mr. Votel responded there was no phone number available for Ms. Bastian. People at the house would not give him any information. The required notices were sent to Ms. Bastian at 640 Watson, but no response was received. Mr. Votel stated he could wait a while before turning it into a vacant build'ang. This will give the owner time to address the problems of the house, and re-occupy it without going through an entire code compliance. Gerry Strathman asked what would have to be done before the building can be occupied. Mr. Votel responded doors, windows, a gutter is about to fall off, a general cleanup, and then he will have to walk through it to make sure theze are no safety defects. Gerry Strathman denied the appeal. The condemnation order is appropriate. Once the property is empty, the owner can do what needs to be done. If the property is taken caze of in an expeditious manner, then Ms. Bastian will only have to meet the requirements to get the condemnation lifted. If the building is left vacant, it will be placed on the City's vacant building list. Then it can only be re-occupied when it is entirely compliant with a11 City codes, which is a much higher standazd. It is in Ms. Bastian's interest to take caze of the problem quickly so it does not get registered as a vacant building. Chuck Votel stated he will need to see some progress in 30 days after it is vacant. 288 Thomas Avenue #2 Mary Brandt, appellant, appeared and stated the property was condemned for sanitary reasons. Pat Fish checked the apartment and said the reason for condemnation was for lack of electricity. Ms. Brandt filed for bankruptcy, and the electricity is on now. Pat Fish reported there are a lot of problems 3n this unit. There is an outstanding certificate of occupancy inspection by Mike Ricketson with 22 items listed. There had been some attempt to clean the unit at that time. As for Mary BrandY s earlier comment, Ms. Fish meant the condemnation could not be lifted even if the sanitation issue was take caze of because the property did not have electricity. There are four kids and two adults living in a two bedroom apartment that has only enough sleeping space for four people, therefore, the overcrowding issue still remains. The following needs to be corrected before lifting the condemnation order: torn screens, there aze no locks on the windows because they do not line up in the frame, the back door frame is smashed, no bulbs in the light fixtures, two bedroom doors need replacing, trash in the yazd, the bathroom floor is tom, the walls are dirty, the carpet is filthy, and roach infestation. Gerry Strathman stated his paperwork only says one thing: "Unit #2-Clean unit to a sanitary condition or vacate within 5 days." Pat Fish responded the unit was condemned far those issues, q�- )0` PROPERTY CODE BNFORCEMENT NO'I'ES OF 11-17-98 Page 4 of 4 but there was a problem with access to the unit when Mike Ricketson was out there. A police officer came at one time because the tenant's roommate zefused access to Mr. Ricketson. The tenant came down to the office later and agreed to let Ms. Fish in. There is a conflict going on among the tenant, the tenanYs roommate, and the owner of the building. Xang Vang, owner, appeazed and stated when Mary Brandt tried to get housing, she asked her friend, another tenant, to ask Mr. Vang. Mr. Vang let Ms. Brandt occupy the apartment. Ms. Brandt failed to sign the lease, and eventually owed a lot of money. The court ordered her to pay Mr. Vang. Also, she was ordered to sign the lease, which she did. The lease expired May 30, 1998, and she was suppose to move out. Mr. Vang went to the court, and was ordered to fix the apartment. He installed new tile in the bathroom. Last August, Ms. BrandYs children defecated all over the apartment, and she did not clean it up. The toilet plugged up and flooded the lower unit. Mr. Vang knocked on Ms. BrandYs door for an emergency check and was refused entry. The lease says that he has the right to go into the building with emergency issues. He called the police and was let in. The toilet was full of excrement. He took care of the problem himself because he could not get a plumber. These tenants throw gazbage outside. The porch is full of garbage. The reason they do not have electricity is because they do not pay their bill. Mr. Vang pays for the outside electricity. Ms. Brandt has a cord running from the outside to her apartment. This is why there are electrical cords all over the floor. The fire mazshal does not like this. Mr. Vang's water bill is $706 for that unit. Mr. Vang and Ms. Brandt have fought in the court four times for failure to pay rent. The rent for this month has not been paid. Gerry Strathman asked the status of the lease. Xang Vang responded he filed an unlawful detainer. Mary BrandY s financial worker sent the check late. Ms. Brandt has gone to a legal agency. The judge says that if the rent comes late, she has to stay. However, Ms. Brandt has promised the judge she will do her best to move out. Mary Brandt stated Xang Vang has known about a11 the repairs. All the rent has been paid except for this month, which she was told not to pay because of the condemnation. Regarding the toilet issue, Ms. Brandt called the police because Xang Vang hit her. She has asked him repeatedly to make repairs. fihe inspector Mike Ricketson has been out several times to make Mr. Vang fix these items. Pat Fish stated she told the tenants that with their relauonship with the landlord, nothing is getting accomplished. Their best option is to move out because it is overcrowded anyway. Ms. Fish will make sure the repairs get made. Gerry Strathman denied the appeal. The condemnation order is appropriate. The meeting was adjourned at 2:23 p.m. [u�� ff"�`�'�e,C�c�� - i I� �.s ``��' ORIGINAL. Presented Refesed To RESOLUTION OF SAINT PAUL, MINNESOTA Council File # � �0�� Green Sheet # 62259 : Committee Date i BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 17, 2 1998, decision of the Legisiative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 Property Appealed Ap ellant 5 6 1285 Hamline Avenue North (Laid over from 9-15-98) Robert Davis, Jr. 7 License, Inspections, and Environmental Protection order withdrawn. This matter is closed. 8 311 Walnut Street The Gavin Residence 9 Decision: Laid over to the December 15, 1998, Property Code Enforcement meeting. 10 1201 Selbv Avenue Patrick Donohue 11 Decision: L,aid over to the December 15, 1998, Property Code Enforcement meeting. 12 640 Watson Avenue 13 Decision: Appeal denied. 14 288 Thomas Avenue #2 15 Decision: Appeal denied� C �� ' �\ �� Bazbara Bastian Mary Brandt +a-� Q �.�,,. � t , \`l`�,8' . 1 a � _,o�� 2 3 4 5 6 7 8 9 10 11 Yeas Na s Absent Blakey �/ Coleman f Harris � Benanav � Reiter � Bos�om ,j LanhY ✓ � � Adopted by Council: Date cs-o as �� Adoption By: 12 Appzovec 13 By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Council Offices Gerry Strathman, 266-8575 November 25, 1998 �� 11-17-98 Aaa1GN xureocra� ROIRING ORDQt TOTAL # OF SIGNATURE PAGES GREEN SHEET oEr�a�r owECrat �i�'�°y�' N� 62259 MXIS11Dys arvca� ❑ CIIYAiTOMEY ❑ CRYLIiRK ❑ quxu��amu¢FSOVC ❑ wuwu��aFavaaro ❑ wrae�wuanwm ❑ (CLIP ALL LOCATIONS FOR SICaNATURE) Approving the 11-17-98 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 1285 Hamline Avenue North, 311 Walnut Street, 1201 Selby Avenue, 640 Watson Avenue, and 288 Thomas Avenue 9�2. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION Has ihis perso�rm ever wa�ced under a contract fw Nie aeaartment7 VES NO Ha6 Mia PereoMrtm e•xr Deen e city empbyee7 VES NO Does Mis persoM�m pocs�.res a sldN rof iwm�allvP� M�Y curteM cM1Y �PbYee7 YES NO W N� pHSUMrtn atargefed ventloR YES NO NYU� S+v��w,�u'.i W ��?ti:;�� NOl� 1 � � OF TRANSACTION COSTrttEVENUE BUDGETm (qRCLE ON� ACiIVT'NUMBER VES NO (��M �2�'Y� ��i�� y�un 1 ��-.�� y,� �� 3�� @� �� Sf. P�, �� ss��o� �pvm C U/ ( t / � q�.�oN�' / �� Y. s�� - � � ,No� �� 'g A�s � , � �-�� r° � �--�.� �, e..,� � �- �� n�-�� ss �� -�-e.�� N�,.-G� , l� ��✓s°"- �- � 3 �-8� (�-�� oD�� L � �� h�� , �i.s,,,,,� �-e. v.R uC� cr� ✓ , �� `�� .�� ,.� �' C/ i c� s �Y ` � � �5 �ev `7��-"� r^ � /�r� � �'�� 1�� t�' � � �`Ss �?—B" �- t� � �i�` � � � �� ,� /'� r . I�: lG fis yY.�u-�- G�/ �lI'�5 ' �� o , y..� ` � � � � Ss � �- �� M r� c,1 �' �� , ; � � �,�D � �- n�� -`� �, � �� r�ss . p. �' �� G�f ' " U °/ �C/ ,� /�� O f� ,� � � ,�� , „� ��- oss� � � �� '�� /� �,�. �-�� s �:� �° � � ��r� /t-�i�'� Gt,y--r� �� c� � � ��t �'� � �l �--�� , ��-�� ` � � 7 � LL � ��'os� P°s. f d /� ��` -� �j � � � 1( �-� - � j h Q � �� e ri 3� �� 'i°� �� ► y � l O�y NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING G� 0 ( Tuesday, November 17, 1998 Room 330, City Hail Gerry Strathman, Legislative Hearing Officer Staff Present: John Conway, License, Inspections, Environmental Protec6on (LIEP); Pat Fish, Fire Prevention; Aaron Rubenstein, LIEP; Paula 3eeley, Code Enforcement; Maynazd Vinge, Code Enforcement; Chuck Votel, Code Enforcement Gerry Strattaman called the meeting to order at 1:33 p.m. 1285 Hamline Avenue North (L,aid over from 9-15-98) John Conway reported the fence was installed on what looked like an encroachment. Mr. Conway had asked the owner to prove where the property line was. Instead of doing that, the owner got an encroachment pernut from Public Works, which is satisfactory to Mr. Conway. The Code Enforcement order has been withdrawn. Mr. Conway will send the owners a letter to this effect. (The LIEP order has been withdrawn and the matter is closed.) 311 Walnut Street The following appeazed: Pat Gavin, owner, and Christian Mbanefo, 14581 93'' Northeast, Otsego. Mr. Gavin stated he and his wife own this building. He is appealing the condemnation. He would like to work on the building this fall or some time in the spring. It is a historic site, and is over 150 yeazs old. Maynazd Vinge reported last spring he did an inspection and issued a coirection notice on Tune 9 listing repairs that needed to be done. Mr. Vinge talked to Pat Gavin who said he wouid start some of the work. A condemnafion order was issued for unfit for human habitation because of the condition of the house and the interior. On the Principal Violations portion of the condemnation, Mr. Vinge asked to have the sixty amp service checked by a licensed electrician, and to have the rear porch removed. Most of the porch has been removed. There is sti11 a lot of maintenance such as scraping, painting, window replacement, etc. The main concern is the electrical service and the interior of the building. Pat Gavin showed Geny Strathman photographs of what has been done so fu. Aaron Rubenstein reported that Pat Gavin asked him to be here because this house is located in the Irvine Park historic district. Any steps taken should be in the interest of the people that live there, and to make sure the building is maintained over rime. 'The exterior of the building has lazge windows close to the ground. If the building is vacated, there should be action taken to secure it. This building is characterized as pivotal to the character of Irvine Park. Pat Gavin added that if he moved out, the heat would be turned off, and the sriucture may be damaged. ��- �o y� PROPERTY CODE ENFORCEMENT NOTES OF 11-17-98 Page 2 of 4 Gerry Strathman asked about additional items to remove. Pat C'savin responded the dumpster work can be done right away. Christian Mbanefo responded he will power wash the house and paint next spring. Someone wili look at the electrical. Five or six dumpsters of refuse have been taken away already. Gerry Strathman laid over this matter to the December 15, 1948, Property Code Enforcement meefing. The orders of Maynard Vinge are correct. If the life safety issues can be taken care of—the electrical and the interior of the building—the other items can be deferred until springtime. However, Code Enforcement will have to see progress during this layover. Mr. Strathman requested Aazon Rubenstein, Pat Gavin, and Christian Mbanefo discuss how the work should be done apgropriately for the historical nature of the house. 1201 Selbv Avenue Patrick Donohue, owner, appeared and stated the request to Code Enforcement was a retaliatory response from a tenant. Mr. Donohue got a court order today to have this tenant removed. The tenants will be leaving November 23. Regazding the deficiency list, Mr. Donohue pushed the test button on the smoke detector, and it is working. The radiator is non-functional and not necessary. As for the lower level items, the tenants were not suppose to use the lower level as a bedroom. The tenants took the liberty of taking Paula Seeley through the lower level. There does not need to be an egress window there because it is not used as a bedroom. As for the outlets, probably 75% of houses do not have enough. Paula Seeley reported the frame around the window has rotted and needs to be repaired whether it is an egress window or not. The living areas in the basement have to be repaired. Even though the present tenants will be leaving, this wIll still be a xental property. Patrick Donohue responded he does not feel he should repair the ceiling panels; he could just tear out the rest of the panels. This area was never intended to be used as a habitable area. Ms. Seeley responded if that is the case, a lock should be installed on the door. Gerry Strathman laid over this matter to the December 15, 1998, Property Code Enforcement meeting. By then, the tenants will have moved out. This layover will allow more time far discussion between Patrick Donohue and Paula Seeley about Mr. Donohue's plans, and what needs to be done. If the items are worked out by December 15, then the conection order will be removed by Ms. Seeley. If not, then this matter will be discussed again at that time. 640 Watson Avenue Barbara Bastian appeared and stated her ex-husband is the owner, but she has been living there since 1991, and has taken responsibility for it. Last spring she moved out of the house because of an illness, and was unable to work. She was going back to the propetty part-time to take caze of the fish pond in the rear of the house, and to do lawn wark. Ms. Bastian's son told her that he and his two carpenter friends wanted to move into the property and repair it. The three moved in, but they did more damage than good. They trashed the inside of the house. It is in an unliveable condition right now. The doors and windows aze broken. The house is an eyesore. Ms. Bastian � � " j p �i2 PROPERTY CODE ENFORCEMENT NOTES OF 11-17-98 Page 3 of 4 decided to evict everyone; they should be out by this weekend. There is an oider couple interested in moving into the house. They aze carpenters, and would like to rent the house in exchange for low zent. Chuck Votel reported he ordered the building vacated due to lack of maintenance. He continues to get complaints on this. Gazbage continues to collect alongside the garage and alley. The City had to summary abate the gazbage for $528 on October 9. Bubaza Bastian stated she did not know about this abatement. Mr. Votel responded there was no phone number available for Ms. Bastian. People at the house would not give him any information. The required notices were sent to Ms. Bastian at 640 Watson, but no response was received. Mr. Votel stated he could wait a while before turning it into a vacant build'ang. This will give the owner time to address the problems of the house, and re-occupy it without going through an entire code compliance. Gerry Strathman asked what would have to be done before the building can be occupied. Mr. Votel responded doors, windows, a gutter is about to fall off, a general cleanup, and then he will have to walk through it to make sure theze are no safety defects. Gerry Strathman denied the appeal. The condemnation order is appropriate. Once the property is empty, the owner can do what needs to be done. If the property is taken caze of in an expeditious manner, then Ms. Bastian will only have to meet the requirements to get the condemnation lifted. If the building is left vacant, it will be placed on the City's vacant building list. Then it can only be re-occupied when it is entirely compliant with a11 City codes, which is a much higher standazd. It is in Ms. Bastian's interest to take caze of the problem quickly so it does not get registered as a vacant building. Chuck Votel stated he will need to see some progress in 30 days after it is vacant. 288 Thomas Avenue #2 Mary Brandt, appellant, appeared and stated the property was condemned for sanitary reasons. Pat Fish checked the apartment and said the reason for condemnation was for lack of electricity. Ms. Brandt filed for bankruptcy, and the electricity is on now. Pat Fish reported there are a lot of problems 3n this unit. There is an outstanding certificate of occupancy inspection by Mike Ricketson with 22 items listed. There had been some attempt to clean the unit at that time. As for Mary BrandY s earlier comment, Ms. Fish meant the condemnation could not be lifted even if the sanitation issue was take caze of because the property did not have electricity. There are four kids and two adults living in a two bedroom apartment that has only enough sleeping space for four people, therefore, the overcrowding issue still remains. The following needs to be corrected before lifting the condemnation order: torn screens, there aze no locks on the windows because they do not line up in the frame, the back door frame is smashed, no bulbs in the light fixtures, two bedroom doors need replacing, trash in the yazd, the bathroom floor is tom, the walls are dirty, the carpet is filthy, and roach infestation. Gerry Strathman stated his paperwork only says one thing: "Unit #2-Clean unit to a sanitary condition or vacate within 5 days." Pat Fish responded the unit was condemned far those issues, q�- )0` PROPERTY CODE BNFORCEMENT NO'I'ES OF 11-17-98 Page 4 of 4 but there was a problem with access to the unit when Mike Ricketson was out there. A police officer came at one time because the tenant's roommate zefused access to Mr. Ricketson. The tenant came down to the office later and agreed to let Ms. Fish in. There is a conflict going on among the tenant, the tenanYs roommate, and the owner of the building. Xang Vang, owner, appeazed and stated when Mary Brandt tried to get housing, she asked her friend, another tenant, to ask Mr. Vang. Mr. Vang let Ms. Brandt occupy the apartment. Ms. Brandt failed to sign the lease, and eventually owed a lot of money. The court ordered her to pay Mr. Vang. Also, she was ordered to sign the lease, which she did. The lease expired May 30, 1998, and she was suppose to move out. Mr. Vang went to the court, and was ordered to fix the apartment. He installed new tile in the bathroom. Last August, Ms. BrandYs children defecated all over the apartment, and she did not clean it up. The toilet plugged up and flooded the lower unit. Mr. Vang knocked on Ms. BrandYs door for an emergency check and was refused entry. The lease says that he has the right to go into the building with emergency issues. He called the police and was let in. The toilet was full of excrement. He took care of the problem himself because he could not get a plumber. These tenants throw gazbage outside. The porch is full of garbage. The reason they do not have electricity is because they do not pay their bill. Mr. Vang pays for the outside electricity. Ms. Brandt has a cord running from the outside to her apartment. This is why there are electrical cords all over the floor. The fire mazshal does not like this. Mr. Vang's water bill is $706 for that unit. Mr. Vang and Ms. Brandt have fought in the court four times for failure to pay rent. The rent for this month has not been paid. Gerry Strathman asked the status of the lease. Xang Vang responded he filed an unlawful detainer. Mary BrandY s financial worker sent the check late. Ms. Brandt has gone to a legal agency. The judge says that if the rent comes late, she has to stay. However, Ms. Brandt has promised the judge she will do her best to move out. Mary Brandt stated Xang Vang has known about a11 the repairs. All the rent has been paid except for this month, which she was told not to pay because of the condemnation. Regarding the toilet issue, Ms. Brandt called the police because Xang Vang hit her. She has asked him repeatedly to make repairs. fihe inspector Mike Ricketson has been out several times to make Mr. Vang fix these items. Pat Fish stated she told the tenants that with their relauonship with the landlord, nothing is getting accomplished. Their best option is to move out because it is overcrowded anyway. Ms. Fish will make sure the repairs get made. Gerry Strathman denied the appeal. The condemnation order is appropriate. The meeting was adjourned at 2:23 p.m. [u��