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98-147ORIGINAL Presented Referred To ProQertv Appealed 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the February 17, 2 1998 decision of the Legislative Hearing Officer: 3 4 5 �350 Hewitt Avenue L.egislative Hearing Officer denied the appeal. Committee Date Appellant Merida Miller and Laura Miller 6 551 Barge Channei Road 7 (Laid over from November 18, 1997) 8 I.egislative Hearing Officer denied the appeal. 9 1�32 East Ma¢nolia Avenue 10 (Laid over from November 18, 1997) 11 L.aid over to May 19, 1998. 12 1005 Sherburne Avenue 13 (I,aid over from December 16, 1997) 14 Legislative Hearing Officer denied the appeal. 15 709 York. 934 Euclid. 946 Conwav 16 I.egislative Hearing Officer denied the appeal. Greif Brothers Corporation Henry and Andrea Etzler Donna L. Kunde Joel Stephens 17 857 Fairmount Avenue John and Helen Buche 18 L.egislarive Hearing Officer granted the variance on condition that children will not inhabit this residence. 19 421 Universitv Avenue West 20 L.egisladve Hearing OfFicer denied the appeal. 21 22 23 24 25 26 Toumoua Lee 43Q Nebraska Avenue East Jim and Mary Ann Zastera L.egislafive Hearing Officer granted a variance to have the present system remain in place. 103-105 Wilkin Street Stephen Mowry I.egislative Hearing O�cer granted a variance based on owner's representation that there are appropriate carbon monoxide detectors present. 27 375 Emma Street 28 I.egislative Heazing Officer denied the appeal. Council File # ` � �"E t Green Sheet # 60851 RESOLUTION CITY OF SAIIVT PAUL, MINNESOTA �i Sheryl Reed �t� -I �+'1 ORIGINAL Requested by Department of: � Form Approved by City Attorney � AdopGon Cer,�ified by Council Secretary Approved by Mayor for Submission to Council � Approved by By: � Adopted by Council: Date �.�� c�- 5 1�� t() City Council Offices Strathman, 266-8575 February 25, 1998, Public Hear. z/islss TOTAL # OF SIGt3ATURE PAGES GREEN SHEET OF.Am1B�.oncs�ro. q�•�4� n�o 60851 CIfYCO1MCt ❑ fJIYAfTOR1EY ❑ CRYCGFAK ❑ rwu,au.aaae¢sa� ❑ wuwau.amvaecrc ❑ r�roRtat�sqR) ❑ (CLIP ALL LOCATIONS POR SIGNATURE) Approval of the decision of the Legislative Hearing Officer at the Property Code Enforcement Appeals meeting of February 17,1998 for the following addresses: 1350 Hewitt, 551 Barge Channel Road, 1032 East Magnolia Avenue, 1005 Sheburne Avenue, 709 York, 934 Euclid, 946 Conway, 857 Fairmount Avenue, 421 University Avenue West, 430 Nebraska Avenue East, 103-105 Wilkin Street, 375 E�a Street. PLANNING COMMISSlON CI6 COMMITTEE CIVIL SERVICE COMMISSION we Mis ae.sonlfirm ever wo�lCea unae. e confraa r« thie departmenn YES NO Has this perean/firm ever been a cily empovee? YES NO Ooes mis aa���m rosaess a slan not iarma�fyrossessed br am anerit dtr �nvrovse? YES NO la Uus per6oNfirtn a teupeted vendoft YES NO 4AJ�94Ld8 TiQa�a��iafi V�ita � � 71+' . � ' �.. ..w. � fOTAI AMaUWT OF TRAN3/1CTION UNDING SOURCE COSTIREVQJUE BUOGETEA (CIRCLE ONE� ACTNITYNUMBER YE8 NO NANCW.INFORMAiION (O� WN) ��'�`�� MIrTUTES OF PROPERTY CODE ENFORCEMENT MEETING February 11, 1998 Room 330, Ciry Hall Gerry Strathman, Legisiative Hearing Officer Staff Present: Pat Fish, Fire Prevention; Tom I.eClair, License, Inspections, Environmental Protection; Dick Lippert, Code Enforcement Pkullip Owens, Fire Prevention; Jim Prili, Code Enforcement; Reneta Weiss, Public Health Gerry Strathman cailed the meeting ta order at 1:29 p.m. 1350 Hewitt Avenne Merida Miller appeared and stated she is appealing the correction notice for iilegally occupying the properry. She was under the impression, according to the I3UD regulation, that they were suppose to live there. According to the code compliance, they could not. The family couid not afford to pay for the home and an apartment. The repairs will be completely finished tomorrow. Reneta Weiss reported the inspector Harold Robinson sent the family a notice to vacate the premises. Mr. Robinson felt the family was close to being done. Gerry Strathman denied the appeal. The matter won't be finalized until the February 25 City Council meeting. If the code compliance is done by then, the matter wili be moot and Public Heaith will remove the objection to living in the house. 1032 East Maenolia Avenue (Laid over from November 18, 1997) Henry Etzler appeared and stated the buiiding is vacant, but there are some belongings still there. Jim Prill, Code Enforcement, reported there has been no change from before. It has been unoccupied since the family moved out. It as not boarded but it has been closed up. Gerry Strathman stated there aze holes in the wali, loose siding, a sagging back porch, and soffits that need repair and asked what the owner intended to do. Mr. Etzier has seven years to go on the Contract far Deed and would like to see if the owner would be willing to take back the buiiding. He requested a few more months extension. Gerry Strathman stated most of the exterior work is not appropriate to do this time of year. 7im Prill reported the yard is clean and the properry is secure so it is not creating any problems. Gerry Strathman laid over this item to May 19, 1998. 430 Nebraska Avenue East Jim and Mary Ann Zastera appeared. Mr. Zastera stated when they tried to sell their house they put on the disclosure that there is a septic system. This tank has not been used in foriy years. They have had rods drilled down 6 feet to locate the tank. They were unable to �nd it. After driving a �" + � �� MINUTE5 OF PROPERTY CODE ENFORCEMENT, 2-17-98 Page 2 ten foot electrical conduit pipe, they hit the tank. There is a wall there so the small tank is at least 8 feet deep_ There is no way to use heavy machinery without destroying everything in the yazd and trespassing on the neighbor's property. Mrs. Zastera stated when they moved there 50 yeazs ago, a basement was built and they lived in it for nine years. ThaYs when the sepric tank was used. After that, the house was built and the Iot was sold next to them. Now that there are houses on both sides, it is an impossibility to access the tank. Mr. Zastera presented pictures of what a business did to his yard after he paid $500 for them to look at the matter. Mr. Zastera stated it is hard to get anyone to give an estimate. Tom I.eClair reported this was brought to his attention by the realtor from a disclosure statement. The concern is that there could be a cave in. In the past, a septic tank ar dry well is always pumped or filled with clean fill so that in years to come, the soil does not give away. Geiry Strathman asked why it cannot be filied. Mary Ann Zastera responded ffiey cannot access it to fill it. The Zasteras do not feel the top will collapse because there is 8 feet of dirt on top and 2 feet of concrete covering the tanks. Tom IzClair explained there is no way to verify that. Gerry Strathman stated the city ardinance requires the tank be filled, however he granted a variance to have the present system remain in place. Mr. Strathman recommended the Zasteras attend the February 25 Council meeting. The photographs were returned. 103-105 Wilkin Street Stephen Mowry appeared and stated this appeal has to do with certificate of occupancy inspections for premises and space heaters. This is a 7 unit building and each unit has a small space heater in it. Mr. Mowry has paid approximately $80 every two years to have the space heaters inspected. This is an all electric building and the space heaters are supplemental heat. This year, carbon monoxide detectors have been installed in each unit. The furnaces were inspected two years ago. Gerry Strathman granted a variance based on the owner's representaflon that there are appropriate carbon monoxide detectors present. Mr. Strathman reminded Stephen Mowry to keep the furnaces serviced and in proper working order. 375 Emma Street Sheryl Reed and her attorney Perry deStefano, Southern Minnesota Regional Legal Services, appeared. Mr. de5tefano stated Ms. Reed is appealing the condemnarion order. There are a number of things to be fixed in the residence, none of which are major. Ms. Reed is disabled. She has been diagnosed with schizophrenia and has documentarion supporting that. Recently, Mr. deStefano has had contact with the Department of Human Services, Mental Health Divisian, who have agreed to help Ms. Reed with violations such as housekeeping. People have taken advantage of Ms. Reed in the past. The agency is willing to work with her to recrify this groblem. The owner has informed �,�-1'�T MINUTES OF PROPERTY CODE ENFORCEMENT, 2-17-98 Page 3 them he can fix the floor joints and the plumbing in the kitchen. Mr. deStefano is asking for rime to accommodate Ms. Reed, otherwise she will be homeless. She is a vulnerable adult with chiidren. Gerry Strathman asked haw many occugants were in the building. Sheryl Reed responded five people: herself, her two children, her brother, and his son. Michael Pierson, owner, appeazed and stated he gave ample notice in November to ask Sheryl Reed to leave. It was a Sec6on 8 approved house when she moved in. Mr. �ierson stated he does not have a lot of money to fix it up just to see it ruined again. The residence had a$466 water bill and the City told him there are more than five people living there for that amount. The NSP bill was $271 for the month of June. Mt. Pierson wanted to change the way the N5P bill was set up but they would not allow him to do that unless he would coaunit to a yeaz, but he cannot commit to a year for Ms. Reed. Mr. Pierson stated he was told Ms. Reed can legally stay until Mazch 30, which Mr. Pierson does not understand. There were 16 police reports in the last five months. Two people were arrested for warrants. Guns have been pointed at people outside of the house. The pastor at St. Marx Church asked Mr. Pierson does he know what is going on in the house. People in the neighborhood were mad at him for letting Ms. Reed stay far ttu�ee months, but he kept his word to her. Mr. Pierson stated he would like his house back. Dick Lippert, Code Enforcement Officer with the Force Unit at the 5t. Paul Police Department, appeared and stated the building was brought to his attention as a problem property. There are potentiai nazcotics probiems going on. It has been under investigafion for a while. The tenants were told the building was in a condemnable condition and if they obeyed themselves and moved out as they said they were going to do, Mr. Lippert was wiiling to work with them. Within a week, his o�ce was called back to the properiy with continuing problems. It is over occupied. There were maybe 12 people living there. Some were not able to say where they lived. Sheryl Reed said she was not able to get the people out. Mr. Lippert realizes Ms. Reed has a disability, however he has a obligafion to the neighborhood, her children, and the tenants. The buiiding was condemned on all of these issues. On a reinspecrion last Friday, Ms. Reed did not realize who was living in the building. People were sleeping in the basement unbeknownst to her. Ms. Reed's had previously told Mr. Lippert her son is 19 and her daughter lives somewhere else. Gerry Strathman stated he would like the issue to remain focused on the condition of the building and asked about the violations. Dick Lippert responded the laundry tub was unplugged and the smoke detector was functioning. NoUaing else has changed Perry deStefano stated Sheryl Reed was in court this morning on an unlawful detainer action, which was dismissed. An agency has been found to work with her. The twelve occupants can be removed and some of the problems can be fixed. Ms. Reed's twelve year old was taken out of the house because Ms. Reed thought the police were going to remove her (Ms. Reed) from the house and she did not want the twelve yeaz old to see that. Ms. Reed did not know her rights. Michael Pierson stated before the condemna6on issue came about, Sheryi Reed told hun the daughter was moving out. qY - l�t� MINUTES OF PROPERTY CODE ENFORCEMENT, 2-17-98 Page 4 Gerry Strathman stated there was a basis for condemnation. If the owner was willing to make the necessary repairs, Mr. Strathman would be willing to grant more time. However, the owner is not making that representa6on. No other person or agency has come forward to bring this building back into campliance_ Mr. Strathman denied the appeai. 857 Fairmount Avenue Carol Buche and her daughter Aelen Buche appeared. Cazol Buche explained that at the last inspecrion it was suggested that a railing 6e installed just above the landing. The house was purchased in 1987. None of the previous inspectors mentioned a railing. There is a railing on the other side. This is a third story staircase. If a tenant would exit, they would take another route. Also, another railing would make it impossibie to get furniture up there. This is an owner occupied house. It is not rented to children. Gerry Strathman explained different inspectors find different things. Also, building inspectars wili let things go to auoid an unnecessary burden on the homeowners. As years go by, inspectors may then require things to come into compliance. Pat Fish reported the building code has changed. They cannot guarantee there will never be a child there. Gerry Strathman granted the variance on the understanding that children will not inhabit this unit. Helen Buche stated her family will not rent to chiidren. 421 Universitv Avenue West Toumoua I,ee, owner, appeared and stated the inspector says he has to have a window in a bedroom and he is appealing this. He would like to continue to use this room as a bedroom. Phillip Owens reported this was inspected in April of 199Z There were 36 violations. It was rechecked in May and June with no compfiance. In 7uly, the property was sold to Toumoua I.ee. An anspector spoke to hun personally. In January, three violations were remaining. There are four units in the building. Over the last 2'/a years, an inspector found a wall that was constructed without a pernut. Gerry Strathman denied the appeal. The window is a basic life saving issue. Sleeping azeas are xequired to have a window. 551 Bar�e Channel Road (L,aid over from November 18, 199'7) No one appeared. Phillip Owens reported he was at this building this morning. The management told him they had no intenfion of appearing at this meeting. The building was condemned for structural defect. They ORIGINAL Presented Referred To ProQertv Appealed 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the February 17, 2 1998 decision of the Legislative Hearing Officer: 3 4 5 �350 Hewitt Avenue L.egislative Hearing Officer denied the appeal. Committee Date Appellant Merida Miller and Laura Miller 6 551 Barge Channei Road 7 (Laid over from November 18, 1997) 8 I.egislative Hearing Officer denied the appeal. 9 1�32 East Ma¢nolia Avenue 10 (Laid over from November 18, 1997) 11 L.aid over to May 19, 1998. 12 1005 Sherburne Avenue 13 (I,aid over from December 16, 1997) 14 Legislative Hearing Officer denied the appeal. 15 709 York. 934 Euclid. 946 Conwav 16 I.egislative Hearing Officer denied the appeal. Greif Brothers Corporation Henry and Andrea Etzler Donna L. Kunde Joel Stephens 17 857 Fairmount Avenue John and Helen Buche 18 L.egislarive Hearing Officer granted the variance on condition that children will not inhabit this residence. 19 421 Universitv Avenue West 20 L.egisladve Hearing OfFicer denied the appeal. 21 22 23 24 25 26 Toumoua Lee 43Q Nebraska Avenue East Jim and Mary Ann Zastera L.egislafive Hearing Officer granted a variance to have the present system remain in place. 103-105 Wilkin Street Stephen Mowry I.egislative Hearing O�cer granted a variance based on owner's representation that there are appropriate carbon monoxide detectors present. 27 375 Emma Street 28 I.egislative Heazing Officer denied the appeal. Council File # ` � �"E t Green Sheet # 60851 RESOLUTION CITY OF SAIIVT PAUL, MINNESOTA �i Sheryl Reed �t� -I �+'1 ORIGINAL Requested by Department of: � Form Approved by City Attorney � AdopGon Cer,�ified by Council Secretary Approved by Mayor for Submission to Council � Approved by By: � Adopted by Council: Date �.�� c�- 5 1�� t() City Council Offices Strathman, 266-8575 February 25, 1998, Public Hear. z/islss TOTAL # OF SIGt3ATURE PAGES GREEN SHEET OF.Am1B�.oncs�ro. q�•�4� n�o 60851 CIfYCO1MCt ❑ fJIYAfTOR1EY ❑ CRYCGFAK ❑ rwu,au.aaae¢sa� ❑ wuwau.amvaecrc ❑ r�roRtat�sqR) ❑ (CLIP ALL LOCATIONS POR SIGNATURE) Approval of the decision of the Legislative Hearing Officer at the Property Code Enforcement Appeals meeting of February 17,1998 for the following addresses: 1350 Hewitt, 551 Barge Channel Road, 1032 East Magnolia Avenue, 1005 Sheburne Avenue, 709 York, 934 Euclid, 946 Conway, 857 Fairmount Avenue, 421 University Avenue West, 430 Nebraska Avenue East, 103-105 Wilkin Street, 375 E�a Street. PLANNING COMMISSlON CI6 COMMITTEE CIVIL SERVICE COMMISSION we Mis ae.sonlfirm ever wo�lCea unae. e confraa r« thie departmenn YES NO Has this perean/firm ever been a cily empovee? YES NO Ooes mis aa���m rosaess a slan not iarma�fyrossessed br am anerit dtr �nvrovse? YES NO la Uus per6oNfirtn a teupeted vendoft YES NO 4AJ�94Ld8 TiQa�a��iafi V�ita � � 71+' . � ' �.. ..w. � fOTAI AMaUWT OF TRAN3/1CTION UNDING SOURCE COSTIREVQJUE BUOGETEA (CIRCLE ONE� ACTNITYNUMBER YE8 NO NANCW.INFORMAiION (O� WN) ��'�`�� MIrTUTES OF PROPERTY CODE ENFORCEMENT MEETING February 11, 1998 Room 330, Ciry Hall Gerry Strathman, Legisiative Hearing Officer Staff Present: Pat Fish, Fire Prevention; Tom I.eClair, License, Inspections, Environmental Protection; Dick Lippert, Code Enforcement Pkullip Owens, Fire Prevention; Jim Prili, Code Enforcement; Reneta Weiss, Public Health Gerry Strathman cailed the meeting ta order at 1:29 p.m. 1350 Hewitt Avenne Merida Miller appeared and stated she is appealing the correction notice for iilegally occupying the properry. She was under the impression, according to the I3UD regulation, that they were suppose to live there. According to the code compliance, they could not. The family couid not afford to pay for the home and an apartment. The repairs will be completely finished tomorrow. Reneta Weiss reported the inspector Harold Robinson sent the family a notice to vacate the premises. Mr. Robinson felt the family was close to being done. Gerry Strathman denied the appeal. The matter won't be finalized until the February 25 City Council meeting. If the code compliance is done by then, the matter wili be moot and Public Heaith will remove the objection to living in the house. 1032 East Maenolia Avenue (Laid over from November 18, 1997) Henry Etzler appeared and stated the buiiding is vacant, but there are some belongings still there. Jim Prill, Code Enforcement, reported there has been no change from before. It has been unoccupied since the family moved out. It as not boarded but it has been closed up. Gerry Strathman stated there aze holes in the wali, loose siding, a sagging back porch, and soffits that need repair and asked what the owner intended to do. Mr. Etzier has seven years to go on the Contract far Deed and would like to see if the owner would be willing to take back the buiiding. He requested a few more months extension. Gerry Strathman stated most of the exterior work is not appropriate to do this time of year. 7im Prill reported the yard is clean and the properry is secure so it is not creating any problems. Gerry Strathman laid over this item to May 19, 1998. 430 Nebraska Avenue East Jim and Mary Ann Zastera appeared. Mr. Zastera stated when they tried to sell their house they put on the disclosure that there is a septic system. This tank has not been used in foriy years. They have had rods drilled down 6 feet to locate the tank. They were unable to �nd it. After driving a �" + � �� MINUTE5 OF PROPERTY CODE ENFORCEMENT, 2-17-98 Page 2 ten foot electrical conduit pipe, they hit the tank. There is a wall there so the small tank is at least 8 feet deep_ There is no way to use heavy machinery without destroying everything in the yazd and trespassing on the neighbor's property. Mrs. Zastera stated when they moved there 50 yeazs ago, a basement was built and they lived in it for nine years. ThaYs when the sepric tank was used. After that, the house was built and the Iot was sold next to them. Now that there are houses on both sides, it is an impossibility to access the tank. Mr. Zastera presented pictures of what a business did to his yard after he paid $500 for them to look at the matter. Mr. Zastera stated it is hard to get anyone to give an estimate. Tom I.eClair reported this was brought to his attention by the realtor from a disclosure statement. The concern is that there could be a cave in. In the past, a septic tank ar dry well is always pumped or filled with clean fill so that in years to come, the soil does not give away. Geiry Strathman asked why it cannot be filied. Mary Ann Zastera responded ffiey cannot access it to fill it. The Zasteras do not feel the top will collapse because there is 8 feet of dirt on top and 2 feet of concrete covering the tanks. Tom IzClair explained there is no way to verify that. Gerry Strathman stated the city ardinance requires the tank be filled, however he granted a variance to have the present system remain in place. Mr. Strathman recommended the Zasteras attend the February 25 Council meeting. The photographs were returned. 103-105 Wilkin Street Stephen Mowry appeared and stated this appeal has to do with certificate of occupancy inspections for premises and space heaters. This is a 7 unit building and each unit has a small space heater in it. Mr. Mowry has paid approximately $80 every two years to have the space heaters inspected. This is an all electric building and the space heaters are supplemental heat. This year, carbon monoxide detectors have been installed in each unit. The furnaces were inspected two years ago. Gerry Strathman granted a variance based on the owner's representaflon that there are appropriate carbon monoxide detectors present. Mr. Strathman reminded Stephen Mowry to keep the furnaces serviced and in proper working order. 375 Emma Street Sheryl Reed and her attorney Perry deStefano, Southern Minnesota Regional Legal Services, appeared. Mr. de5tefano stated Ms. Reed is appealing the condemnarion order. There are a number of things to be fixed in the residence, none of which are major. Ms. Reed is disabled. She has been diagnosed with schizophrenia and has documentarion supporting that. Recently, Mr. deStefano has had contact with the Department of Human Services, Mental Health Divisian, who have agreed to help Ms. Reed with violations such as housekeeping. People have taken advantage of Ms. Reed in the past. The agency is willing to work with her to recrify this groblem. The owner has informed �,�-1'�T MINUTES OF PROPERTY CODE ENFORCEMENT, 2-17-98 Page 3 them he can fix the floor joints and the plumbing in the kitchen. Mr. deStefano is asking for rime to accommodate Ms. Reed, otherwise she will be homeless. She is a vulnerable adult with chiidren. Gerry Strathman asked haw many occugants were in the building. Sheryl Reed responded five people: herself, her two children, her brother, and his son. Michael Pierson, owner, appeazed and stated he gave ample notice in November to ask Sheryl Reed to leave. It was a Sec6on 8 approved house when she moved in. Mr. �ierson stated he does not have a lot of money to fix it up just to see it ruined again. The residence had a$466 water bill and the City told him there are more than five people living there for that amount. The NSP bill was $271 for the month of June. Mt. Pierson wanted to change the way the N5P bill was set up but they would not allow him to do that unless he would coaunit to a yeaz, but he cannot commit to a year for Ms. Reed. Mr. Pierson stated he was told Ms. Reed can legally stay until Mazch 30, which Mr. Pierson does not understand. There were 16 police reports in the last five months. Two people were arrested for warrants. Guns have been pointed at people outside of the house. The pastor at St. Marx Church asked Mr. Pierson does he know what is going on in the house. People in the neighborhood were mad at him for letting Ms. Reed stay far ttu�ee months, but he kept his word to her. Mr. Pierson stated he would like his house back. Dick Lippert, Code Enforcement Officer with the Force Unit at the 5t. Paul Police Department, appeared and stated the building was brought to his attention as a problem property. There are potentiai nazcotics probiems going on. It has been under investigafion for a while. The tenants were told the building was in a condemnable condition and if they obeyed themselves and moved out as they said they were going to do, Mr. Lippert was wiiling to work with them. Within a week, his o�ce was called back to the properiy with continuing problems. It is over occupied. There were maybe 12 people living there. Some were not able to say where they lived. Sheryl Reed said she was not able to get the people out. Mr. Lippert realizes Ms. Reed has a disability, however he has a obligafion to the neighborhood, her children, and the tenants. The buiiding was condemned on all of these issues. On a reinspecrion last Friday, Ms. Reed did not realize who was living in the building. People were sleeping in the basement unbeknownst to her. Ms. Reed's had previously told Mr. Lippert her son is 19 and her daughter lives somewhere else. Gerry Strathman stated he would like the issue to remain focused on the condition of the building and asked about the violations. Dick Lippert responded the laundry tub was unplugged and the smoke detector was functioning. NoUaing else has changed Perry deStefano stated Sheryl Reed was in court this morning on an unlawful detainer action, which was dismissed. An agency has been found to work with her. The twelve occupants can be removed and some of the problems can be fixed. Ms. Reed's twelve year old was taken out of the house because Ms. Reed thought the police were going to remove her (Ms. Reed) from the house and she did not want the twelve yeaz old to see that. Ms. Reed did not know her rights. Michael Pierson stated before the condemna6on issue came about, Sheryi Reed told hun the daughter was moving out. qY - l�t� MINUTES OF PROPERTY CODE ENFORCEMENT, 2-17-98 Page 4 Gerry Strathman stated there was a basis for condemnation. If the owner was willing to make the necessary repairs, Mr. Strathman would be willing to grant more time. However, the owner is not making that representa6on. No other person or agency has come forward to bring this building back into campliance_ Mr. Strathman denied the appeai. 857 Fairmount Avenue Carol Buche and her daughter Aelen Buche appeared. Cazol Buche explained that at the last inspecrion it was suggested that a railing 6e installed just above the landing. The house was purchased in 1987. None of the previous inspectors mentioned a railing. There is a railing on the other side. This is a third story staircase. If a tenant would exit, they would take another route. Also, another railing would make it impossibie to get furniture up there. This is an owner occupied house. It is not rented to children. Gerry Strathman explained different inspectors find different things. Also, building inspectars wili let things go to auoid an unnecessary burden on the homeowners. As years go by, inspectors may then require things to come into compliance. Pat Fish reported the building code has changed. They cannot guarantee there will never be a child there. Gerry Strathman granted the variance on the understanding that children will not inhabit this unit. Helen Buche stated her family will not rent to chiidren. 421 Universitv Avenue West Toumoua I,ee, owner, appeared and stated the inspector says he has to have a window in a bedroom and he is appealing this. He would like to continue to use this room as a bedroom. Phillip Owens reported this was inspected in April of 199Z There were 36 violations. It was rechecked in May and June with no compfiance. In 7uly, the property was sold to Toumoua I.ee. An anspector spoke to hun personally. In January, three violations were remaining. There are four units in the building. Over the last 2'/a years, an inspector found a wall that was constructed without a pernut. Gerry Strathman denied the appeal. The window is a basic life saving issue. Sleeping azeas are xequired to have a window. 551 Bar�e Channel Road (L,aid over from November 18, 199'7) No one appeared. Phillip Owens reported he was at this building this morning. The management told him they had no intenfion of appearing at this meeting. The building was condemned for structural defect. They ORIGINAL Presented Referred To ProQertv Appealed 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the February 17, 2 1998 decision of the Legislative Hearing Officer: 3 4 5 �350 Hewitt Avenue L.egislative Hearing Officer denied the appeal. Committee Date Appellant Merida Miller and Laura Miller 6 551 Barge Channei Road 7 (Laid over from November 18, 1997) 8 I.egislative Hearing Officer denied the appeal. 9 1�32 East Ma¢nolia Avenue 10 (Laid over from November 18, 1997) 11 L.aid over to May 19, 1998. 12 1005 Sherburne Avenue 13 (I,aid over from December 16, 1997) 14 Legislative Hearing Officer denied the appeal. 15 709 York. 934 Euclid. 946 Conwav 16 I.egislative Hearing Officer denied the appeal. Greif Brothers Corporation Henry and Andrea Etzler Donna L. Kunde Joel Stephens 17 857 Fairmount Avenue John and Helen Buche 18 L.egislarive Hearing Officer granted the variance on condition that children will not inhabit this residence. 19 421 Universitv Avenue West 20 L.egisladve Hearing OfFicer denied the appeal. 21 22 23 24 25 26 Toumoua Lee 43Q Nebraska Avenue East Jim and Mary Ann Zastera L.egislafive Hearing Officer granted a variance to have the present system remain in place. 103-105 Wilkin Street Stephen Mowry I.egislative Hearing O�cer granted a variance based on owner's representation that there are appropriate carbon monoxide detectors present. 27 375 Emma Street 28 I.egislative Heazing Officer denied the appeal. Council File # ` � �"E t Green Sheet # 60851 RESOLUTION CITY OF SAIIVT PAUL, MINNESOTA �i Sheryl Reed �t� -I �+'1 ORIGINAL Requested by Department of: � Form Approved by City Attorney � AdopGon Cer,�ified by Council Secretary Approved by Mayor for Submission to Council � Approved by By: � Adopted by Council: Date �.�� c�- 5 1�� t() City Council Offices Strathman, 266-8575 February 25, 1998, Public Hear. z/islss TOTAL # OF SIGt3ATURE PAGES GREEN SHEET OF.Am1B�.oncs�ro. q�•�4� n�o 60851 CIfYCO1MCt ❑ fJIYAfTOR1EY ❑ CRYCGFAK ❑ rwu,au.aaae¢sa� ❑ wuwau.amvaecrc ❑ r�roRtat�sqR) ❑ (CLIP ALL LOCATIONS POR SIGNATURE) Approval of the decision of the Legislative Hearing Officer at the Property Code Enforcement Appeals meeting of February 17,1998 for the following addresses: 1350 Hewitt, 551 Barge Channel Road, 1032 East Magnolia Avenue, 1005 Sheburne Avenue, 709 York, 934 Euclid, 946 Conway, 857 Fairmount Avenue, 421 University Avenue West, 430 Nebraska Avenue East, 103-105 Wilkin Street, 375 E�a Street. PLANNING COMMISSlON CI6 COMMITTEE CIVIL SERVICE COMMISSION we Mis ae.sonlfirm ever wo�lCea unae. e confraa r« thie departmenn YES NO Has this perean/firm ever been a cily empovee? YES NO Ooes mis aa���m rosaess a slan not iarma�fyrossessed br am anerit dtr �nvrovse? YES NO la Uus per6oNfirtn a teupeted vendoft YES NO 4AJ�94Ld8 TiQa�a��iafi V�ita � � 71+' . � ' �.. ..w. � fOTAI AMaUWT OF TRAN3/1CTION UNDING SOURCE COSTIREVQJUE BUOGETEA (CIRCLE ONE� ACTNITYNUMBER YE8 NO NANCW.INFORMAiION (O� WN) ��'�`�� MIrTUTES OF PROPERTY CODE ENFORCEMENT MEETING February 11, 1998 Room 330, Ciry Hall Gerry Strathman, Legisiative Hearing Officer Staff Present: Pat Fish, Fire Prevention; Tom I.eClair, License, Inspections, Environmental Protection; Dick Lippert, Code Enforcement Pkullip Owens, Fire Prevention; Jim Prili, Code Enforcement; Reneta Weiss, Public Health Gerry Strathman cailed the meeting ta order at 1:29 p.m. 1350 Hewitt Avenne Merida Miller appeared and stated she is appealing the correction notice for iilegally occupying the properry. She was under the impression, according to the I3UD regulation, that they were suppose to live there. According to the code compliance, they could not. The family couid not afford to pay for the home and an apartment. The repairs will be completely finished tomorrow. Reneta Weiss reported the inspector Harold Robinson sent the family a notice to vacate the premises. Mr. Robinson felt the family was close to being done. Gerry Strathman denied the appeal. The matter won't be finalized until the February 25 City Council meeting. If the code compliance is done by then, the matter wili be moot and Public Heaith will remove the objection to living in the house. 1032 East Maenolia Avenue (Laid over from November 18, 1997) Henry Etzler appeared and stated the buiiding is vacant, but there are some belongings still there. Jim Prill, Code Enforcement, reported there has been no change from before. It has been unoccupied since the family moved out. It as not boarded but it has been closed up. Gerry Strathman stated there aze holes in the wali, loose siding, a sagging back porch, and soffits that need repair and asked what the owner intended to do. Mr. Etzier has seven years to go on the Contract far Deed and would like to see if the owner would be willing to take back the buiiding. He requested a few more months extension. Gerry Strathman stated most of the exterior work is not appropriate to do this time of year. 7im Prill reported the yard is clean and the properry is secure so it is not creating any problems. Gerry Strathman laid over this item to May 19, 1998. 430 Nebraska Avenue East Jim and Mary Ann Zastera appeared. Mr. Zastera stated when they tried to sell their house they put on the disclosure that there is a septic system. This tank has not been used in foriy years. They have had rods drilled down 6 feet to locate the tank. They were unable to �nd it. After driving a �" + � �� MINUTE5 OF PROPERTY CODE ENFORCEMENT, 2-17-98 Page 2 ten foot electrical conduit pipe, they hit the tank. There is a wall there so the small tank is at least 8 feet deep_ There is no way to use heavy machinery without destroying everything in the yazd and trespassing on the neighbor's property. Mrs. Zastera stated when they moved there 50 yeazs ago, a basement was built and they lived in it for nine years. ThaYs when the sepric tank was used. After that, the house was built and the Iot was sold next to them. Now that there are houses on both sides, it is an impossibility to access the tank. Mr. Zastera presented pictures of what a business did to his yard after he paid $500 for them to look at the matter. Mr. Zastera stated it is hard to get anyone to give an estimate. Tom I.eClair reported this was brought to his attention by the realtor from a disclosure statement. The concern is that there could be a cave in. In the past, a septic tank ar dry well is always pumped or filled with clean fill so that in years to come, the soil does not give away. Geiry Strathman asked why it cannot be filied. Mary Ann Zastera responded ffiey cannot access it to fill it. The Zasteras do not feel the top will collapse because there is 8 feet of dirt on top and 2 feet of concrete covering the tanks. Tom IzClair explained there is no way to verify that. Gerry Strathman stated the city ardinance requires the tank be filled, however he granted a variance to have the present system remain in place. Mr. Strathman recommended the Zasteras attend the February 25 Council meeting. The photographs were returned. 103-105 Wilkin Street Stephen Mowry appeared and stated this appeal has to do with certificate of occupancy inspections for premises and space heaters. This is a 7 unit building and each unit has a small space heater in it. Mr. Mowry has paid approximately $80 every two years to have the space heaters inspected. This is an all electric building and the space heaters are supplemental heat. This year, carbon monoxide detectors have been installed in each unit. The furnaces were inspected two years ago. Gerry Strathman granted a variance based on the owner's representaflon that there are appropriate carbon monoxide detectors present. Mr. Strathman reminded Stephen Mowry to keep the furnaces serviced and in proper working order. 375 Emma Street Sheryl Reed and her attorney Perry deStefano, Southern Minnesota Regional Legal Services, appeared. Mr. de5tefano stated Ms. Reed is appealing the condemnarion order. There are a number of things to be fixed in the residence, none of which are major. Ms. Reed is disabled. She has been diagnosed with schizophrenia and has documentarion supporting that. Recently, Mr. deStefano has had contact with the Department of Human Services, Mental Health Divisian, who have agreed to help Ms. Reed with violations such as housekeeping. People have taken advantage of Ms. Reed in the past. The agency is willing to work with her to recrify this groblem. The owner has informed �,�-1'�T MINUTES OF PROPERTY CODE ENFORCEMENT, 2-17-98 Page 3 them he can fix the floor joints and the plumbing in the kitchen. Mr. deStefano is asking for rime to accommodate Ms. Reed, otherwise she will be homeless. She is a vulnerable adult with chiidren. Gerry Strathman asked haw many occugants were in the building. Sheryl Reed responded five people: herself, her two children, her brother, and his son. Michael Pierson, owner, appeazed and stated he gave ample notice in November to ask Sheryl Reed to leave. It was a Sec6on 8 approved house when she moved in. Mr. �ierson stated he does not have a lot of money to fix it up just to see it ruined again. The residence had a$466 water bill and the City told him there are more than five people living there for that amount. The NSP bill was $271 for the month of June. Mt. Pierson wanted to change the way the N5P bill was set up but they would not allow him to do that unless he would coaunit to a yeaz, but he cannot commit to a year for Ms. Reed. Mr. Pierson stated he was told Ms. Reed can legally stay until Mazch 30, which Mr. Pierson does not understand. There were 16 police reports in the last five months. Two people were arrested for warrants. Guns have been pointed at people outside of the house. The pastor at St. Marx Church asked Mr. Pierson does he know what is going on in the house. People in the neighborhood were mad at him for letting Ms. Reed stay far ttu�ee months, but he kept his word to her. Mr. Pierson stated he would like his house back. Dick Lippert, Code Enforcement Officer with the Force Unit at the 5t. Paul Police Department, appeared and stated the building was brought to his attention as a problem property. There are potentiai nazcotics probiems going on. It has been under investigafion for a while. The tenants were told the building was in a condemnable condition and if they obeyed themselves and moved out as they said they were going to do, Mr. Lippert was wiiling to work with them. Within a week, his o�ce was called back to the properiy with continuing problems. It is over occupied. There were maybe 12 people living there. Some were not able to say where they lived. Sheryl Reed said she was not able to get the people out. Mr. Lippert realizes Ms. Reed has a disability, however he has a obligafion to the neighborhood, her children, and the tenants. The buiiding was condemned on all of these issues. On a reinspecrion last Friday, Ms. Reed did not realize who was living in the building. People were sleeping in the basement unbeknownst to her. Ms. Reed's had previously told Mr. Lippert her son is 19 and her daughter lives somewhere else. Gerry Strathman stated he would like the issue to remain focused on the condition of the building and asked about the violations. Dick Lippert responded the laundry tub was unplugged and the smoke detector was functioning. NoUaing else has changed Perry deStefano stated Sheryl Reed was in court this morning on an unlawful detainer action, which was dismissed. An agency has been found to work with her. The twelve occupants can be removed and some of the problems can be fixed. Ms. Reed's twelve year old was taken out of the house because Ms. Reed thought the police were going to remove her (Ms. Reed) from the house and she did not want the twelve yeaz old to see that. Ms. Reed did not know her rights. Michael Pierson stated before the condemna6on issue came about, Sheryi Reed told hun the daughter was moving out. qY - l�t� MINUTES OF PROPERTY CODE ENFORCEMENT, 2-17-98 Page 4 Gerry Strathman stated there was a basis for condemnation. If the owner was willing to make the necessary repairs, Mr. Strathman would be willing to grant more time. However, the owner is not making that representa6on. No other person or agency has come forward to bring this building back into campliance_ Mr. Strathman denied the appeai. 857 Fairmount Avenue Carol Buche and her daughter Aelen Buche appeared. Cazol Buche explained that at the last inspecrion it was suggested that a railing 6e installed just above the landing. The house was purchased in 1987. None of the previous inspectors mentioned a railing. There is a railing on the other side. This is a third story staircase. If a tenant would exit, they would take another route. Also, another railing would make it impossibie to get furniture up there. This is an owner occupied house. It is not rented to children. Gerry Strathman explained different inspectors find different things. Also, building inspectars wili let things go to auoid an unnecessary burden on the homeowners. As years go by, inspectors may then require things to come into compliance. Pat Fish reported the building code has changed. They cannot guarantee there will never be a child there. Gerry Strathman granted the variance on the understanding that children will not inhabit this unit. Helen Buche stated her family will not rent to chiidren. 421 Universitv Avenue West Toumoua I,ee, owner, appeared and stated the inspector says he has to have a window in a bedroom and he is appealing this. He would like to continue to use this room as a bedroom. Phillip Owens reported this was inspected in April of 199Z There were 36 violations. It was rechecked in May and June with no compfiance. In 7uly, the property was sold to Toumoua I.ee. An anspector spoke to hun personally. In January, three violations were remaining. There are four units in the building. Over the last 2'/a years, an inspector found a wall that was constructed without a pernut. Gerry Strathman denied the appeal. The window is a basic life saving issue. Sleeping azeas are xequired to have a window. 551 Bar�e Channel Road (L,aid over from November 18, 199'7) No one appeared. Phillip Owens reported he was at this building this morning. The management told him they had no intenfion of appearing at this meeting. The building was condemned for structural defect. They