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98-464�;�,�r�.�, - sl �� 1�� Presented RESOLUTION CITY O� SAfNT PAUL, MINNESOTA council File # -�/��/ Green Sheet # 60788 � / f Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the May 19, 1998 2 decision of the L,egislative Hearing Officez: 3 Pro�ertyAp�ealed Ap ellant 4 1032 East Magnolia Avenue (L,aid over from Februazy 17, 1998) Aenry and Andrea Etzier 5 Decision: Appeal denied. 6 423 University Avenue West ��-- a�`' �'� �'� Por Yee Yang 7 Decision: Appeal denied. ��� � 3\��g L; � C � uac: �'l� c�'�� Y` � � 8 781 Armstrong Avenue Bill Weimer 9 Decision: Appeal denied. 10 1549 University Avenue West 11 Decision: Appeal denied. 12 421-423 University Avenue West 13 Decision: Appeal denied, 14 595 Selby Avenue 15 Decision: Appeal denied. Mario and Ktistina Hoffman-Saavedra Toumou Lee Ruth Nesseth 1 98-v�y 1 2 3 4 5 6 7 Yeas Na s Absent Blakey �/ Coleman � Hazris � Benanav � Reiter f Bostrom Iantr3' �/' �� � � 8 Adopted by Council: Date ° 9 Adoption 10 By: 11 Approved 12 By: Requested by Deparmient of: � Form Approved by City Attomey :'�' Approved by Mayor for Submission to Council � � �� Council President Bostrom May 27, 1998 Foa TOTAL # OF SIGNATURE PAGES carart�rcwEC+ae 1�-y�4� No 60788 � rnrcou¢� ❑ anwrrort�r ❑ arvetsac ❑wuHCw.aEmrrsoo� ❑nuxcuiaunnnxro ❑r�voietu���surnxr� ❑ (CtJP ALL LOCATiONS FOR SIGNATURE) Approving the 5-19-98 decision of the Legislative Hearing Officer on Property Code Enforce� Appeals for the following addresses: 1032 East Magnolia, 423 University Avenue West, 781 Armstrong Avenue, 1549 University Avenue West, 421-423 University Avenue, 545 Se1by Avenue. PIANNfNG CAMMISSION CIB COMMIiTEE CIVIL SERVECE COMMISSION Has tMs PefsoM�m em worked under a conLact tor Mia depaRmeM? rES No Hes this x�ea�firm e.er 6eeri a e#Y emqoyeel YES NO Dcesttxs ae�sorJfirm possess a sldfi noR rwrrtialyP� M�Y wrteM ciH �vbY�? YES NO ls tlus pe�saUfirtn a farge[ed vendw? YES NQ r� �^?':3�' �^+�at�� ��Jv�St:f+ �Y 2 0 OF TRANSAC770N S SOURCE COSNREVENUE BUD6EfED (CIRCLE ONE) ACTNI7YNUMBER VES NO FlNFNCWL INFORMATON (IXP W N) 98-- yb� MINUTES OF PROPERTY CODE ENFORCEMENT MEETING May 19, 1998 Room 330, Ciry Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Phillip Owens, Fire Prevention; Hazold Robinson, Public Health; Carrolyn Shepherd, Public Health Gerry Strathman called the meeting to order at 1:30 p.m. 423 Universitv Avenue West Perry deStefano, Southern Minnesota Regional Services, representing Por Yee Yang, appeazed and stated this is an appeal for over occupancy of the unit. There aze five children living in one bedroom. Mr. deStefano is working with Ms. Yang on two projects: 1) They aze appealing a public housing admission denial; 2) Project Hope will try to find a place for Ms. Yang and her five children. Sherry Garcia, Project Hope, appeared and stated she would like extra time to find a home for Por Yee Yang and her five children. Big houses are hazd to find for this size family. Phillip Owens reported he objects to the filing of the appeaL It is untimely. This sltuation has existed for a year. The Fire Department has granted several eatensions. The first inspection was Apri121, 1997. Mr. Owens stated Por Yee Yang has only applied for one location. 5he was denied admission to public housing because of legal issues. Counsel is recently involved in this matter. Perry deStefano stated they are appealing the April 19971etter. Por Yee Yang will be homeless if she is forced to leave. Mr. deStefano asked for a 90 day extension. He and Project Hope aze aggressivelylooking for housing. Gerry Strathman asked how long the public housing appeal process takes. Perry deStefano responded the next hearing will be June 16. Gerry Strathman denied the appeal citing this is a violation of the Saint Paul Legislative Code with respect to occupancy. The notifications to Por Yee Yang go back to June 26, 1997. The City has gone as fu as it can properly do so. 781 Armstron¢ Avenue John Weimer, 987 Armstrong Street, representing his son and owner Bill Weimer, appeazed and stated Bill lives in New Jersey. The last two tenants in this residence were evicted. Bill spent a lot of money on this property, however the outside of it does not look good. John's daughter would like to rent it, She is on Secfion 8. The property has been vacant since December. The last tenant moved without nofification. The Weimers paid $2,000 to NSP because the last tenant did not pay it. Bill would like the stigma taken off the property so it can pass Secfion 8. y 8-y� y MIlVUTES FT20M THE I.EGISLATIVE HEARING, 5-19-98 Page 2 Gerry Strathman asked if the building passed the Section 8 inspection, will it be removed from the vacant building list. Carrolyn Shepherd responded yes. Ms. Shepherd reported there are several extra violafions. The buiiding was condemned three years ago. John Weimer asked could he have an extension because he does not know how long it takes for the Section 8 process. Gerry Strathman asked when is the inspecfion. Mr. Weimer responded Wednesday. Mr. Strathman asked Carrolyn Shepherd does she have any experience with this. Ms. Shepherd responded no. Mr. Strathman stated the matter is not beyond hope. If the City Council denies the appeal, Ms. Shepherd still can lift the vacant buiiding designation when she feels it is appropriate. Gerry Strathman denied the appeal citing this is a vacant building and there is no basis for deternuning it would be anything else. If the property does pass Secfion 8 inspection, Canolyn Shepherd wi11 lift the designation. 1549 Universitv Avenue West Kristina Hoffman-5aavedra appeared and stated her unit was the worse unit in the building. It is now tt�e best unit. There are many photographs to prove this. The conditions in the Fire Departrnent report have been corrected. She and her husband Mazio have been singled out unfairly. The conditions to be corrected are present in several of the units. The owner is responslble far the pezmits of the building. The fire inspection report says a person has to have pernuts for doing work, but the Saavedras aze not responsible far the permits in the first place. The enforcement of the code violafions aze selecfively applied in order to force the Saavedras out of the unit without obtaining an eviction order. The owner did file for eviction through unlawful detainer, but the court ruled in the Saavedras' favar in April. Phillip Owens reported he received a complaint that Unit 301 was being used as a residence. It is to be used as a music practice area only. The Fire Department investigation found it was being used for residential space with bedding, clothing, food and standard resideiitial items present. Kristina Saavedra indicates they have complied with �re code orders, but that is not the Fire DepartmenY s feeling. The construction was done without benefit of permit or inspection. Also, they did not get knowledge or consent of the property owner for construction. The loft was constructed without pernut or inspection, and obsriucts the fire sprinkler system. Also, electrical work was done without benefit of pernut or inspection. Scott Johnson, owner, appeazed and stated the Saavedras did move into a room that was in bad shape because the previous owner left a mess. Mr. Johnson negotiated with Mario Saavedra on doing some painting, hauling trash, etc. in order to trade out rent. In the course of the next three months, there were security violations by propping open doors. Mr. Saavedra bzoke into two rooms. Several tools and building materials came up missing and were later found in the Saauedras' unit Mr. Saavedra refused to sign a lease. The Saavedras tried to charge Mr. 7ohnson $4,000 for remodeling that Mr. Johnson he did not ask for ar pernut. Mr. Saavedra was given keys to paint and he moved his wife and dog into the unit. He allowed the dog to roam the hallways and use it freely. Mr. Johnson tried to file an unlawful detainer, failed to file a notice to 9 8- y�'� MINUTES FROM TF� LEGISLATIVE HEARING, 5-19-98 Page 3 quit, and that is why the Saavedras won their motion. A police officer told the Fire inspector that there were people living in the unit illegally. The Saavedras denied Mr. 7ohnson access to the room and he had to drill the door to get it open. These aze 16 foot ceilings. The Saavedras installed a loft. Basically, the Saavedras bought a bunch of materials, slapped it together, and covered it with fabric so the support was not seen. The support beams aze not attached to the flooring. It is crooked, and ready to fall down. It would not pass code if inspected. The room is condemned because of the work the Saavedras did to it. Kristina Saavedra stated when they rented the room, Scott Johnson said he would help with the renovation. There was already a poorly constructed loft in the room, which was not secure at all. The Saavedras reconstructed the loft. Mr. 7ohnson knew they were going to do that. Gerry Strathman asked what was the purpose of the loft. Mrs. Saavedra stated it was to be a observation area. The room was not being used for residential purposes. However, there are people living in other units on the same floor. A tenant name Stefan Olson (phonetic) has a bathtub is his unit. Scott 7ohnson stated there was a free standing loft in the room that a previous tenant constructed without Mr. Johnson's knowledge. It was to be taken down as past of the renovation of the room. The room was suppose to be painted, but Mario Saavedra covered the wall with new drywall, Mr. Johnson has on videotape the condition of the loft and it showed a queen sized headboard indicating a bed was there on the loft. Getry Strathman denied the appeal. If the unit is being used as a residence, it is a code violafion. If it hasn't, by unanimous agreement the construction has indeed been going on without pernuts. The arders from the Fire Department are appropriate and may have not gone far enough. Also, Mr. 5trathman requested the Fire Department do an inspection to determine if other people are living in this buiiding illegally. 421-423 Universitv Avenue Toumou L,ee, owner, appeared and stated he purchased the property in July. This room did not have a window. The Fire Department said there should be a window opening and one window was installed. Mr. I.ee received a letter saying the window should be open more. He presented pictures. Phillip Owens reported this has been going on since May 1997 with the previous owner and since 7une or 7uly with this owner. This owner had an appeal on this topic on February 17 at which time Gerry Strathman denied the appeal_ It is impossible to put an escape window in this glace. The intent was to remove the wall. Someone took a single room efficiency and put up a wall to create two rooms, one of which is a bedroom. The wall does not go up to the ceiling, but it goes high enough for the code to consider it a wall. Toumou Lee decided to put a window on the same wall with the door. There is no advantage gained in ciimbing out the window when in four feet you can walk out the doar. The wall has to come out; it was not there during the last inspection and was constructed without permit. ys ��y MINUTF,5 FROM TF� LEGISLATIVE HEARING, 5-19-98 Page 4 Toumou L,ee stated the wail looks like it is about 10 to 20 yeazs old. The pictures were retumed to Toumou L,ee. Gerry Strathman denied the appeal citing the wall is not legal. This matter was dealt with before. It is not permissible under the Saint Paul L,egisiative Code to have a sleeping azea with no egress to the outside. This is also dangerous. An egress needs to be provided to the outside--which does not seem possible--or this wall erill haee ta be removed. 595 Selbv Avenue Ruth Nesseth, owner, appeazed and asked what this was about. Gerry Strathman responded when a bu3lding is vacant, it is designated as such. Two things happen: 1) it is subject to an annuai fee of $200 to reimburse the City for monitaring it, 2) it is required to be brought up to code before it can be reoccupied. Ruth Nesseth stated she has a seller's agreement and this person will buy the building before July i and restore it to a vintage condition. Gerry Strathman stated he hopes it was disclosed to the new owner that it has to be brought up to code befare it can occupied. Ms. Nesseth stated she is running out of money, but this new owner is going to spend over $100,000 to restore the building. Mr. Strathman said the $200 fee is the appeal before us today. The only way it can be waived is if it can be shown not to be a vacant building. Hazold Robinson reported the building was condemned in December 1997. It is boarded and vacant. The certificate of occupancy has been revoked. Mr. Robinson asked could Ruth Nesseth pay the vacant buildina fee from proceeds from the sale of the property. Ms. Nesseth responded that will not leave the property cleaz for the new owner. Mr. Robinson stated he has to write a citation if the fee is not paid. Gerry Strathman denied the appeal. 1032 East Masnolia (Laid over from February 17, 1998) No one appeared. Gerry Strathman denied the appeal. The meeting was adjourned at 2:15 p.m. �;�,�r�.�, - sl �� 1�� Presented RESOLUTION CITY O� SAfNT PAUL, MINNESOTA council File # -�/��/ Green Sheet # 60788 � / f Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the May 19, 1998 2 decision of the L,egislative Hearing Officez: 3 Pro�ertyAp�ealed Ap ellant 4 1032 East Magnolia Avenue (L,aid over from Februazy 17, 1998) Aenry and Andrea Etzier 5 Decision: Appeal denied. 6 423 University Avenue West ��-- a�`' �'� �'� Por Yee Yang 7 Decision: Appeal denied. ��� � 3\��g L; � C � uac: �'l� c�'�� Y` � � 8 781 Armstrong Avenue Bill Weimer 9 Decision: Appeal denied. 10 1549 University Avenue West 11 Decision: Appeal denied. 12 421-423 University Avenue West 13 Decision: Appeal denied, 14 595 Selby Avenue 15 Decision: Appeal denied. Mario and Ktistina Hoffman-Saavedra Toumou Lee Ruth Nesseth 1 98-v�y 1 2 3 4 5 6 7 Yeas Na s Absent Blakey �/ Coleman � Hazris � Benanav � Reiter f Bostrom Iantr3' �/' �� � � 8 Adopted by Council: Date ° 9 Adoption 10 By: 11 Approved 12 By: Requested by Deparmient of: � Form Approved by City Attomey :'�' Approved by Mayor for Submission to Council � � �� Council President Bostrom May 27, 1998 Foa TOTAL # OF SIGNATURE PAGES carart�rcwEC+ae 1�-y�4� No 60788 � rnrcou¢� ❑ anwrrort�r ❑ arvetsac ❑wuHCw.aEmrrsoo� ❑nuxcuiaunnnxro ❑r�voietu���surnxr� ❑ (CtJP ALL LOCATiONS FOR SIGNATURE) Approving the 5-19-98 decision of the Legislative Hearing Officer on Property Code Enforce� Appeals for the following addresses: 1032 East Magnolia, 423 University Avenue West, 781 Armstrong Avenue, 1549 University Avenue West, 421-423 University Avenue, 545 Se1by Avenue. PIANNfNG CAMMISSION CIB COMMIiTEE CIVIL SERVECE COMMISSION Has tMs PefsoM�m em worked under a conLact tor Mia depaRmeM? rES No Hes this x�ea�firm e.er 6eeri a e#Y emqoyeel YES NO Dcesttxs ae�sorJfirm possess a sldfi noR rwrrtialyP� M�Y wrteM ciH �vbY�? YES NO ls tlus pe�saUfirtn a farge[ed vendw? YES NQ r� �^?':3�' �^+�at�� ��Jv�St:f+ �Y 2 0 OF TRANSAC770N S SOURCE COSNREVENUE BUD6EfED (CIRCLE ONE) ACTNI7YNUMBER VES NO FlNFNCWL INFORMATON (IXP W N) 98-- yb� MINUTES OF PROPERTY CODE ENFORCEMENT MEETING May 19, 1998 Room 330, Ciry Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Phillip Owens, Fire Prevention; Hazold Robinson, Public Health; Carrolyn Shepherd, Public Health Gerry Strathman called the meeting to order at 1:30 p.m. 423 Universitv Avenue West Perry deStefano, Southern Minnesota Regional Services, representing Por Yee Yang, appeazed and stated this is an appeal for over occupancy of the unit. There aze five children living in one bedroom. Mr. deStefano is working with Ms. Yang on two projects: 1) They aze appealing a public housing admission denial; 2) Project Hope will try to find a place for Ms. Yang and her five children. Sherry Garcia, Project Hope, appeared and stated she would like extra time to find a home for Por Yee Yang and her five children. Big houses are hazd to find for this size family. Phillip Owens reported he objects to the filing of the appeaL It is untimely. This sltuation has existed for a year. The Fire Department has granted several eatensions. The first inspection was Apri121, 1997. Mr. Owens stated Por Yee Yang has only applied for one location. 5he was denied admission to public housing because of legal issues. Counsel is recently involved in this matter. Perry deStefano stated they are appealing the April 19971etter. Por Yee Yang will be homeless if she is forced to leave. Mr. deStefano asked for a 90 day extension. He and Project Hope aze aggressivelylooking for housing. Gerry Strathman asked how long the public housing appeal process takes. Perry deStefano responded the next hearing will be June 16. Gerry Strathman denied the appeal citing this is a violation of the Saint Paul Legislative Code with respect to occupancy. The notifications to Por Yee Yang go back to June 26, 1997. The City has gone as fu as it can properly do so. 781 Armstron¢ Avenue John Weimer, 987 Armstrong Street, representing his son and owner Bill Weimer, appeazed and stated Bill lives in New Jersey. The last two tenants in this residence were evicted. Bill spent a lot of money on this property, however the outside of it does not look good. John's daughter would like to rent it, She is on Secfion 8. The property has been vacant since December. The last tenant moved without nofification. The Weimers paid $2,000 to NSP because the last tenant did not pay it. Bill would like the stigma taken off the property so it can pass Secfion 8. y 8-y� y MIlVUTES FT20M THE I.EGISLATIVE HEARING, 5-19-98 Page 2 Gerry Strathman asked if the building passed the Section 8 inspection, will it be removed from the vacant building list. Carrolyn Shepherd responded yes. Ms. Shepherd reported there are several extra violafions. The buiiding was condemned three years ago. John Weimer asked could he have an extension because he does not know how long it takes for the Section 8 process. Gerry Strathman asked when is the inspecfion. Mr. Weimer responded Wednesday. Mr. Strathman asked Carrolyn Shepherd does she have any experience with this. Ms. Shepherd responded no. Mr. Strathman stated the matter is not beyond hope. If the City Council denies the appeal, Ms. Shepherd still can lift the vacant buiiding designation when she feels it is appropriate. Gerry Strathman denied the appeal citing this is a vacant building and there is no basis for deternuning it would be anything else. If the property does pass Secfion 8 inspection, Canolyn Shepherd wi11 lift the designation. 1549 Universitv Avenue West Kristina Hoffman-5aavedra appeared and stated her unit was the worse unit in the building. It is now tt�e best unit. There are many photographs to prove this. The conditions in the Fire Departrnent report have been corrected. She and her husband Mazio have been singled out unfairly. The conditions to be corrected are present in several of the units. The owner is responslble far the pezmits of the building. The fire inspection report says a person has to have pernuts for doing work, but the Saavedras aze not responsible far the permits in the first place. The enforcement of the code violafions aze selecfively applied in order to force the Saavedras out of the unit without obtaining an eviction order. The owner did file for eviction through unlawful detainer, but the court ruled in the Saavedras' favar in April. Phillip Owens reported he received a complaint that Unit 301 was being used as a residence. It is to be used as a music practice area only. The Fire Department investigation found it was being used for residential space with bedding, clothing, food and standard resideiitial items present. Kristina Saavedra indicates they have complied with �re code orders, but that is not the Fire DepartmenY s feeling. The construction was done without benefit of permit or inspection. Also, they did not get knowledge or consent of the property owner for construction. The loft was constructed without pernut or inspection, and obsriucts the fire sprinkler system. Also, electrical work was done without benefit of pernut or inspection. Scott Johnson, owner, appeazed and stated the Saavedras did move into a room that was in bad shape because the previous owner left a mess. Mr. Johnson negotiated with Mario Saavedra on doing some painting, hauling trash, etc. in order to trade out rent. In the course of the next three months, there were security violations by propping open doors. Mr. Saavedra bzoke into two rooms. Several tools and building materials came up missing and were later found in the Saauedras' unit Mr. Saavedra refused to sign a lease. The Saavedras tried to charge Mr. 7ohnson $4,000 for remodeling that Mr. Johnson he did not ask for ar pernut. Mr. Saavedra was given keys to paint and he moved his wife and dog into the unit. He allowed the dog to roam the hallways and use it freely. Mr. Johnson tried to file an unlawful detainer, failed to file a notice to 9 8- y�'� MINUTES FROM TF� LEGISLATIVE HEARING, 5-19-98 Page 3 quit, and that is why the Saavedras won their motion. A police officer told the Fire inspector that there were people living in the unit illegally. The Saavedras denied Mr. 7ohnson access to the room and he had to drill the door to get it open. These aze 16 foot ceilings. The Saavedras installed a loft. Basically, the Saavedras bought a bunch of materials, slapped it together, and covered it with fabric so the support was not seen. The support beams aze not attached to the flooring. It is crooked, and ready to fall down. It would not pass code if inspected. The room is condemned because of the work the Saavedras did to it. Kristina Saavedra stated when they rented the room, Scott Johnson said he would help with the renovation. There was already a poorly constructed loft in the room, which was not secure at all. The Saavedras reconstructed the loft. Mr. 7ohnson knew they were going to do that. Gerry Strathman asked what was the purpose of the loft. Mrs. Saavedra stated it was to be a observation area. The room was not being used for residential purposes. However, there are people living in other units on the same floor. A tenant name Stefan Olson (phonetic) has a bathtub is his unit. Scott 7ohnson stated there was a free standing loft in the room that a previous tenant constructed without Mr. Johnson's knowledge. It was to be taken down as past of the renovation of the room. The room was suppose to be painted, but Mario Saavedra covered the wall with new drywall, Mr. Johnson has on videotape the condition of the loft and it showed a queen sized headboard indicating a bed was there on the loft. Getry Strathman denied the appeal. If the unit is being used as a residence, it is a code violafion. If it hasn't, by unanimous agreement the construction has indeed been going on without pernuts. The arders from the Fire Department are appropriate and may have not gone far enough. Also, Mr. 5trathman requested the Fire Department do an inspection to determine if other people are living in this buiiding illegally. 421-423 Universitv Avenue Toumou L,ee, owner, appeared and stated he purchased the property in July. This room did not have a window. The Fire Department said there should be a window opening and one window was installed. Mr. I.ee received a letter saying the window should be open more. He presented pictures. Phillip Owens reported this has been going on since May 1997 with the previous owner and since 7une or 7uly with this owner. This owner had an appeal on this topic on February 17 at which time Gerry Strathman denied the appeal_ It is impossible to put an escape window in this glace. The intent was to remove the wall. Someone took a single room efficiency and put up a wall to create two rooms, one of which is a bedroom. The wall does not go up to the ceiling, but it goes high enough for the code to consider it a wall. Toumou Lee decided to put a window on the same wall with the door. There is no advantage gained in ciimbing out the window when in four feet you can walk out the doar. The wall has to come out; it was not there during the last inspection and was constructed without permit. ys ��y MINUTF,5 FROM TF� LEGISLATIVE HEARING, 5-19-98 Page 4 Toumou L,ee stated the wail looks like it is about 10 to 20 yeazs old. The pictures were retumed to Toumou L,ee. Gerry Strathman denied the appeal citing the wall is not legal. This matter was dealt with before. It is not permissible under the Saint Paul L,egisiative Code to have a sleeping azea with no egress to the outside. This is also dangerous. An egress needs to be provided to the outside--which does not seem possible--or this wall erill haee ta be removed. 595 Selbv Avenue Ruth Nesseth, owner, appeazed and asked what this was about. Gerry Strathman responded when a bu3lding is vacant, it is designated as such. Two things happen: 1) it is subject to an annuai fee of $200 to reimburse the City for monitaring it, 2) it is required to be brought up to code before it can be reoccupied. Ruth Nesseth stated she has a seller's agreement and this person will buy the building before July i and restore it to a vintage condition. Gerry Strathman stated he hopes it was disclosed to the new owner that it has to be brought up to code befare it can occupied. Ms. Nesseth stated she is running out of money, but this new owner is going to spend over $100,000 to restore the building. Mr. Strathman said the $200 fee is the appeal before us today. The only way it can be waived is if it can be shown not to be a vacant building. Hazold Robinson reported the building was condemned in December 1997. It is boarded and vacant. The certificate of occupancy has been revoked. Mr. Robinson asked could Ruth Nesseth pay the vacant buildina fee from proceeds from the sale of the property. Ms. Nesseth responded that will not leave the property cleaz for the new owner. Mr. Robinson stated he has to write a citation if the fee is not paid. Gerry Strathman denied the appeal. 1032 East Masnolia (Laid over from February 17, 1998) No one appeared. Gerry Strathman denied the appeal. The meeting was adjourned at 2:15 p.m. �;�,�r�.�, - sl �� 1�� Presented RESOLUTION CITY O� SAfNT PAUL, MINNESOTA council File # -�/��/ Green Sheet # 60788 � / f Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the May 19, 1998 2 decision of the L,egislative Hearing Officez: 3 Pro�ertyAp�ealed Ap ellant 4 1032 East Magnolia Avenue (L,aid over from Februazy 17, 1998) Aenry and Andrea Etzier 5 Decision: Appeal denied. 6 423 University Avenue West ��-- a�`' �'� �'� Por Yee Yang 7 Decision: Appeal denied. ��� � 3\��g L; � C � uac: �'l� c�'�� Y` � � 8 781 Armstrong Avenue Bill Weimer 9 Decision: Appeal denied. 10 1549 University Avenue West 11 Decision: Appeal denied. 12 421-423 University Avenue West 13 Decision: Appeal denied, 14 595 Selby Avenue 15 Decision: Appeal denied. Mario and Ktistina Hoffman-Saavedra Toumou Lee Ruth Nesseth 1 98-v�y 1 2 3 4 5 6 7 Yeas Na s Absent Blakey �/ Coleman � Hazris � Benanav � Reiter f Bostrom Iantr3' �/' �� � � 8 Adopted by Council: Date ° 9 Adoption 10 By: 11 Approved 12 By: Requested by Deparmient of: � Form Approved by City Attomey :'�' Approved by Mayor for Submission to Council � � �� Council President Bostrom May 27, 1998 Foa TOTAL # OF SIGNATURE PAGES carart�rcwEC+ae 1�-y�4� No 60788 � rnrcou¢� ❑ anwrrort�r ❑ arvetsac ❑wuHCw.aEmrrsoo� ❑nuxcuiaunnnxro ❑r�voietu���surnxr� ❑ (CtJP ALL LOCATiONS FOR SIGNATURE) Approving the 5-19-98 decision of the Legislative Hearing Officer on Property Code Enforce� Appeals for the following addresses: 1032 East Magnolia, 423 University Avenue West, 781 Armstrong Avenue, 1549 University Avenue West, 421-423 University Avenue, 545 Se1by Avenue. PIANNfNG CAMMISSION CIB COMMIiTEE CIVIL SERVECE COMMISSION Has tMs PefsoM�m em worked under a conLact tor Mia depaRmeM? rES No Hes this x�ea�firm e.er 6eeri a e#Y emqoyeel YES NO Dcesttxs ae�sorJfirm possess a sldfi noR rwrrtialyP� M�Y wrteM ciH �vbY�? YES NO ls tlus pe�saUfirtn a farge[ed vendw? YES NQ r� �^?':3�' �^+�at�� ��Jv�St:f+ �Y 2 0 OF TRANSAC770N S SOURCE COSNREVENUE BUD6EfED (CIRCLE ONE) ACTNI7YNUMBER VES NO FlNFNCWL INFORMATON (IXP W N) 98-- yb� MINUTES OF PROPERTY CODE ENFORCEMENT MEETING May 19, 1998 Room 330, Ciry Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Phillip Owens, Fire Prevention; Hazold Robinson, Public Health; Carrolyn Shepherd, Public Health Gerry Strathman called the meeting to order at 1:30 p.m. 423 Universitv Avenue West Perry deStefano, Southern Minnesota Regional Services, representing Por Yee Yang, appeazed and stated this is an appeal for over occupancy of the unit. There aze five children living in one bedroom. Mr. deStefano is working with Ms. Yang on two projects: 1) They aze appealing a public housing admission denial; 2) Project Hope will try to find a place for Ms. Yang and her five children. Sherry Garcia, Project Hope, appeared and stated she would like extra time to find a home for Por Yee Yang and her five children. Big houses are hazd to find for this size family. Phillip Owens reported he objects to the filing of the appeaL It is untimely. This sltuation has existed for a year. The Fire Department has granted several eatensions. The first inspection was Apri121, 1997. Mr. Owens stated Por Yee Yang has only applied for one location. 5he was denied admission to public housing because of legal issues. Counsel is recently involved in this matter. Perry deStefano stated they are appealing the April 19971etter. Por Yee Yang will be homeless if she is forced to leave. Mr. deStefano asked for a 90 day extension. He and Project Hope aze aggressivelylooking for housing. Gerry Strathman asked how long the public housing appeal process takes. Perry deStefano responded the next hearing will be June 16. Gerry Strathman denied the appeal citing this is a violation of the Saint Paul Legislative Code with respect to occupancy. The notifications to Por Yee Yang go back to June 26, 1997. The City has gone as fu as it can properly do so. 781 Armstron¢ Avenue John Weimer, 987 Armstrong Street, representing his son and owner Bill Weimer, appeazed and stated Bill lives in New Jersey. The last two tenants in this residence were evicted. Bill spent a lot of money on this property, however the outside of it does not look good. John's daughter would like to rent it, She is on Secfion 8. The property has been vacant since December. The last tenant moved without nofification. The Weimers paid $2,000 to NSP because the last tenant did not pay it. Bill would like the stigma taken off the property so it can pass Secfion 8. y 8-y� y MIlVUTES FT20M THE I.EGISLATIVE HEARING, 5-19-98 Page 2 Gerry Strathman asked if the building passed the Section 8 inspection, will it be removed from the vacant building list. Carrolyn Shepherd responded yes. Ms. Shepherd reported there are several extra violafions. The buiiding was condemned three years ago. John Weimer asked could he have an extension because he does not know how long it takes for the Section 8 process. Gerry Strathman asked when is the inspecfion. Mr. Weimer responded Wednesday. Mr. Strathman asked Carrolyn Shepherd does she have any experience with this. Ms. Shepherd responded no. Mr. Strathman stated the matter is not beyond hope. If the City Council denies the appeal, Ms. Shepherd still can lift the vacant buiiding designation when she feels it is appropriate. Gerry Strathman denied the appeal citing this is a vacant building and there is no basis for deternuning it would be anything else. If the property does pass Secfion 8 inspection, Canolyn Shepherd wi11 lift the designation. 1549 Universitv Avenue West Kristina Hoffman-5aavedra appeared and stated her unit was the worse unit in the building. It is now tt�e best unit. There are many photographs to prove this. The conditions in the Fire Departrnent report have been corrected. She and her husband Mazio have been singled out unfairly. The conditions to be corrected are present in several of the units. The owner is responslble far the pezmits of the building. The fire inspection report says a person has to have pernuts for doing work, but the Saavedras aze not responsible far the permits in the first place. The enforcement of the code violafions aze selecfively applied in order to force the Saavedras out of the unit without obtaining an eviction order. The owner did file for eviction through unlawful detainer, but the court ruled in the Saavedras' favar in April. Phillip Owens reported he received a complaint that Unit 301 was being used as a residence. It is to be used as a music practice area only. The Fire Department investigation found it was being used for residential space with bedding, clothing, food and standard resideiitial items present. Kristina Saavedra indicates they have complied with �re code orders, but that is not the Fire DepartmenY s feeling. The construction was done without benefit of permit or inspection. Also, they did not get knowledge or consent of the property owner for construction. The loft was constructed without pernut or inspection, and obsriucts the fire sprinkler system. Also, electrical work was done without benefit of pernut or inspection. Scott Johnson, owner, appeazed and stated the Saavedras did move into a room that was in bad shape because the previous owner left a mess. Mr. Johnson negotiated with Mario Saavedra on doing some painting, hauling trash, etc. in order to trade out rent. In the course of the next three months, there were security violations by propping open doors. Mr. Saavedra bzoke into two rooms. Several tools and building materials came up missing and were later found in the Saauedras' unit Mr. Saavedra refused to sign a lease. The Saavedras tried to charge Mr. 7ohnson $4,000 for remodeling that Mr. Johnson he did not ask for ar pernut. Mr. Saavedra was given keys to paint and he moved his wife and dog into the unit. He allowed the dog to roam the hallways and use it freely. Mr. Johnson tried to file an unlawful detainer, failed to file a notice to 9 8- y�'� MINUTES FROM TF� LEGISLATIVE HEARING, 5-19-98 Page 3 quit, and that is why the Saavedras won their motion. A police officer told the Fire inspector that there were people living in the unit illegally. The Saavedras denied Mr. 7ohnson access to the room and he had to drill the door to get it open. These aze 16 foot ceilings. The Saavedras installed a loft. Basically, the Saavedras bought a bunch of materials, slapped it together, and covered it with fabric so the support was not seen. The support beams aze not attached to the flooring. It is crooked, and ready to fall down. It would not pass code if inspected. The room is condemned because of the work the Saavedras did to it. Kristina Saavedra stated when they rented the room, Scott Johnson said he would help with the renovation. There was already a poorly constructed loft in the room, which was not secure at all. The Saavedras reconstructed the loft. Mr. 7ohnson knew they were going to do that. Gerry Strathman asked what was the purpose of the loft. Mrs. Saavedra stated it was to be a observation area. The room was not being used for residential purposes. However, there are people living in other units on the same floor. A tenant name Stefan Olson (phonetic) has a bathtub is his unit. Scott 7ohnson stated there was a free standing loft in the room that a previous tenant constructed without Mr. Johnson's knowledge. It was to be taken down as past of the renovation of the room. The room was suppose to be painted, but Mario Saavedra covered the wall with new drywall, Mr. Johnson has on videotape the condition of the loft and it showed a queen sized headboard indicating a bed was there on the loft. Getry Strathman denied the appeal. If the unit is being used as a residence, it is a code violafion. If it hasn't, by unanimous agreement the construction has indeed been going on without pernuts. The arders from the Fire Department are appropriate and may have not gone far enough. Also, Mr. 5trathman requested the Fire Department do an inspection to determine if other people are living in this buiiding illegally. 421-423 Universitv Avenue Toumou L,ee, owner, appeared and stated he purchased the property in July. This room did not have a window. The Fire Department said there should be a window opening and one window was installed. Mr. I.ee received a letter saying the window should be open more. He presented pictures. Phillip Owens reported this has been going on since May 1997 with the previous owner and since 7une or 7uly with this owner. This owner had an appeal on this topic on February 17 at which time Gerry Strathman denied the appeal_ It is impossible to put an escape window in this glace. The intent was to remove the wall. Someone took a single room efficiency and put up a wall to create two rooms, one of which is a bedroom. The wall does not go up to the ceiling, but it goes high enough for the code to consider it a wall. Toumou Lee decided to put a window on the same wall with the door. There is no advantage gained in ciimbing out the window when in four feet you can walk out the doar. The wall has to come out; it was not there during the last inspection and was constructed without permit. ys ��y MINUTF,5 FROM TF� LEGISLATIVE HEARING, 5-19-98 Page 4 Toumou L,ee stated the wail looks like it is about 10 to 20 yeazs old. The pictures were retumed to Toumou L,ee. Gerry Strathman denied the appeal citing the wall is not legal. This matter was dealt with before. It is not permissible under the Saint Paul L,egisiative Code to have a sleeping azea with no egress to the outside. This is also dangerous. An egress needs to be provided to the outside--which does not seem possible--or this wall erill haee ta be removed. 595 Selbv Avenue Ruth Nesseth, owner, appeazed and asked what this was about. Gerry Strathman responded when a bu3lding is vacant, it is designated as such. Two things happen: 1) it is subject to an annuai fee of $200 to reimburse the City for monitaring it, 2) it is required to be brought up to code before it can be reoccupied. Ruth Nesseth stated she has a seller's agreement and this person will buy the building before July i and restore it to a vintage condition. Gerry Strathman stated he hopes it was disclosed to the new owner that it has to be brought up to code befare it can occupied. Ms. Nesseth stated she is running out of money, but this new owner is going to spend over $100,000 to restore the building. Mr. Strathman said the $200 fee is the appeal before us today. The only way it can be waived is if it can be shown not to be a vacant building. Hazold Robinson reported the building was condemned in December 1997. It is boarded and vacant. The certificate of occupancy has been revoked. Mr. Robinson asked could Ruth Nesseth pay the vacant buildina fee from proceeds from the sale of the property. Ms. Nesseth responded that will not leave the property cleaz for the new owner. Mr. Robinson stated he has to write a citation if the fee is not paid. Gerry Strathman denied the appeal. 1032 East Masnolia (Laid over from February 17, 1998) No one appeared. Gerry Strathman denied the appeal. The meeting was adjourned at 2:15 p.m.