Loading...
98-528Council File # 9 'S� p A rncr��� —�� 3.� � q8' Green Sheet # 60794 � tt � t71 ���,. RESOLUTION `�� r _,, , CITY OF SAINT PAUL, MINNESOTA Presented Refeired To Coaunittee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the June 16, 1998 2 decision of the I,egislarive Hearing Officer: 3 Propertv Ap en aled 4 359 Maria Avenue 5 Decision: Appeal denied. Ap epp llant Peter McCarty and Michael McCarty 6 1494 Rose Avenue East Heuky and Maysong Chu-Yang-Heu 7 Aecision: Vaziance granted on condition that when the windows are replaced, they are to be replaced with 8 confomung windows. 9 960 Juno Avenue 10 Decision: Appeal denied. ��0�� cvev� --�,a 0.., C�.�.bi: �. %4ea � �.1 �'...\� \ ` \Y�g' � �i 2 3 4 5 � Yeas Na s Absent Blakey +� colemaa +/ xarris ,/ Benanav ✓ Reiter �� Bostrom �/ Lantry i / �o O Adopted by Council: Date �� T ��l� 8' Adoption C�tified by Council S e ary By: `�� \ � , ��.Ki _ � T Approved by Mayor: ��Z�� Ronald Staeheli Requested by Depaztment of: � Farm Approved by City Artomey � Apptoved by Mayor foc Submission to CouncIl � � City Council Gerry Strathman, 2b6-8575 June 24, 1998 6/17l98 TOTAL # OF SIGNATURE PAGES GREEN SHEET oa.�ns�m�r w�Ferai �8 3��' No 60790 Mrerioae. uireowca ❑ q1YAifOqE'/ ❑ Gi'Iq.iRlf ❑ wuwcw.a�nuicrsow. ❑ wuwcw.mnn�ccro ❑ 410R(OR/�f9RAlII� ❑ {CUP ALL LOCATIONS FOR SIGNATURE) Approving the 6-16-98 decision of the Legislative Hearing Officer on Property Code Enforcemnt Appeals for the following addresses: 359 Maria Avenue, 1494 Rose Avenue East, 960 Juno Avenue. PLP.NPlING COMMISS{OPJ CIB COMMITiEE CIVIL SERVICE COMMISSION Fias mic O�sonlBm, r+er wnrkea uoae. a conlraa ra thie depanmenn rtis wo ties mis c�soMrtn evei 6een a oiH emabYee'1 YES NO Dces this personfirm P� a sluil nd namaMP� bY anY curreM city empbyee'7 YES NO I¢ ttNS P�eorfirtn a tarpeted vantloR YES NO i7AL M10UN7 OF TRAN3ACTION F NDINQ SOURCE COST/REVENUEBUDCETED(GRCLEON� ACTIVITY NUM86R YES NO WCWL iNFORMA71oN tD�Wt� a g-sZ$ 13 NOTES OF Tf� PROPERTY CODE ENFORCEMENT MEETII�TG June 16, 199& Room 336, City Hall Gerry STrathman, Legisiative Hearing Officer STAFF PRESENT: Pat Fish, F'ue Preven6on; Carrolyn Shepherd, Vacant Buildings Gerry Sirathman called the meeting to order at ic33 p_m. 359 Maria Avenue Peter McCarry, owner, and his attorney Richazd Gabriel, 175 Lafayette, appeared. Richard Gabriel stated his client is appealing the condemnation order because some requests are unreasonable and others are satisfied. It would be an economic hardship on the owners to lose the tenants and a hardship on the residents to be evicted. This is a fourplex and each family has minor children. Pat Fish reported that this properiy has a long history going back severai yeazs. Ms. Fish went back in the file to August 1997. Ms. F'ish received complaints on August 14, 19, and 29. There were two tenant compiaints on October 27 and November 20. A reinspection was done in November. Ms. Fish went out again in February. The complaints range from violations of exterior conditions such as gazbage and irash, condition of the back porch, access doors to the basement. There were condirions cited in the units that were not taken care of after several reinspections. In February, Ms. Fish revoked the certificate of occupancy on the building because of the conditions there. In March, she did a certificate of occupancy inspection and gave the owners until May 2 to get the conditions corrected. Ms. �sh did a reinspecdon in May. Very little if any progress was made. She went back yesterday and took pictures. In the appeal, the owner says the porch did not nezd straightening. Ms. Fish had a certified building inspector looked aY the porch, and the inspector's conditions were added to the certificate of occupancy list. The building was condemned based on the fact that the management has not been kept up in accordance with the Saint Paul Property Maintenance Code. (Ms. Fish showed photographs to Gerry Strathman and Richard Gabriel.) Gerry Strathman asked for clarification on the certificate of occupancy. Pat Fish responded it was revoked in February 1998 and it has not been reinstated. The next step would be condemnation because the letter of revocation said the building had to be vacated or the rep�irs made. Father James Notebaart, Archdiocese of Saint Paul and Minneapolis at 3045 Pazk Avenue, Minneapolis, owns 667 Fifth Street East, which abuts the property at 359 Maria. Father Notebaart stated he would like to speak on three issues: health, safety, and historic preservauon. 1) Aealth - Father Notebaart has kept a photographic record of the trash problem at 359 Maria. He showed these photographs to Michael McCarty. When asked for a response, Mr. McCas2y shrugged his shouldets and walked away. Also, scavengers come into the yard. 2) Safety - The celiar entrance is left open sometimes which could be a danger to children. Father Notebaart stated he has a police list of 220 calls to the building. He has seen a number of drug deals take place behind the r ��s S"2� NO'I`ES OF THE PROPERTY CODE ENFORCEMENT MEETING, 6-16-48 Page 2 residence. The owners have never responded to any letter from Father Notebaart. 3) Historic preservation district - The windows have been changed without the Historic Preserva6on Commission's permission. (Father Notebaart submitted the police calls list and the photographs to Gerry Strathman.) 7uliet Smebakken, 657 Fifth Street East, appeazed and stated she and her husband Brian have lived on the same block as 1171 Minnehaha for 15 years. Ms. Smebakken fully supports what Pat Fish and Father Notebaart have said about the property. She is afraid to have her child walk in front of the building. She has seen some of the crime. Dayton's Bluff is slowiy becoming safe, however this property has not changed. Ms. Smebakken does not believe the owner cares where the tenants go. Her home is a possibiliry. Cliff Carey, 635 Bates, appeared and stated he lives about five blocks away. He has been aware of this property for about four yeazs. The number of police caiis has not changed. Mr. Carey has had no luck convincing people to buy property on this block because of this type of acrivity. Mr. Carey asked Gerry Strathman to support this condemnation. Karen Dupaul, Crime Prevention Person for Dayton's Bluff I7istrict 4 Community Councii, 281 Matia, appeared and stated it is important to have safe living condirions for the tenants there and an adequate playing azea for children. Landlords are very important to the neighborhood, but they need to be responsible. Richard Gabriel stated the only issue here is the appropriateness of the condemnation. However, these other issues have been raised and they feel compelled to respond. Peter McCarty stated a printout of the 1998 police calls shows there has oniy been about six police calls from Januazy 1, 1998 to May 29. He acknowledges there have been a lot of calls in the past. (This printout was shown to Gerry Strathman J Richard Gabriel stated if the City wants to remove a property, there is a process for that. His ciients feels that low income people should have a place to live also and this place gives them that opportunity. A certificate of occupancy was granted on April 10, 1997 and expired on October 3, 1998. The closing paragraph says the following: "To the owners, you should be commended for your attentativeness and interest in providing a safe and well maintained property. Thank you for helping making the Ciry of Saint Paul a most liveable City." {This was shown to Gerry Strathman.) Pat Fish responded that is a computer generated letter and a standard statement when a certificate of occupancy is issued. The certificate was revoked on February 2 and not reissued. Richard Gabriel stated the letter from the City dated February 18 about a certificate of occupancy revocation had five items listed and all have been corrected. Pat Fish later inspected that property and the McCattys were not notified that any of the violations were still outstanding. Peter McCarty stated the letter clearly says that if the owners complied, the certificate of occupancy wouid be reinstated. Gerry Sirathman asked was it assumed that it wouid be automarically reinstated. Mr. McCarty responded that is what the letter said. Ms. Fish reinspected on March 25 for a renewal inspecflon. The above five items were not cited in the cunent certi�icate of occupancy with corrections. � �s-�Z�S NOTES OF T'HE PRQPERTY CODE ENFORCEMENT MEETIlVG, 6-16-98 Page 3 Pat Fish stated on February 18, 1998, the certificate of occupancy revocafion letter cleazly states "this letter serves as official norice of revocafion:' The letter does not state that once complied, the cerGficate of occupancy would be automatically reinstated. In order to reinstate it, Ms. Fish has to do a certificate of occupancy inspection which was done on March 25. On April 2, Ms. Fish sent a letter with the corrections and things that needed to be done. In addition, she was also responding to complaints to specific units, so there was another letter on May 8 sent about a particulaz unit. That has not been conected as far as Ms. Fish knows. Gerry Strathman asked which items on the May 29 conection list were unreasonable. (Item #l: Paint exterior inciuding trim. Finish southwest and northwest exterior with siding and trim.) Peter McCar[y stated it does not need to be painted. Pat Fish responded there is graffiti all over the building and the shakes aze dirry. The gutters look like they will come down. Gerry Strathman stated he did not see ga�ti in the pictures. Ms. Fish responded the photographs showed the doors that were taken out and the siding that was never replaced. The stairs are barred off with wood. There is siding missing. Peter McCarty stated that siding is not available anymore, so it has to be obtained from salvage. He intends to side and paint the building. Mr. Strathman summarized it is unreasonable for the entire building to be painted, bnY not nnteasonable for the siding and trim to be done. Peter McCarty agreed. Mr. Gabriel stated the shoft period of time to accomplish the task is unreasonable. Mr. Strathman asked when these violations were cited. Ms. Fish responded in Mazch and at the end of May. (Item #4: Provide sufficient garbage containers and trash pickup.) Peter McCarty stated he used to have a 2 yazd dumpster there. The apaztment next door also had a 2 yazd dumpster. T`he pictures that Father Notebaart submitted did happen. Mr. McCarty has tallced to Pat Fish about Neil, the next door neighbor, who does not have a big enough dumpster and his tenants dump their trash in the dumpster for 359 Maria. Eazlier this year, Mr. McCariy had 90 gallon carts put on his property. The situation was monitared. Ms. Fish came out and saw that the next door neighbor's dumpster looked like the previous picture of his. There has not been a problem on lus property since_ (Item #2: Repair steps in east entryway. Front porch piilarslsupports need rebuilding.) Richazd Gabriel stated he had an opinion from an architect regazding this same issue which is in conflict with the opinion of the housing inspector. (This was shown to Gerry Strathman.) The 6x6 post have been installed. The piliazs have been repaired per the architecYs suggesrion. (Item #3: Repair reaz exterior light.) Peter McCarty stated the light bulb has been replaced. (Item #5: Post Certificate of Occupancy and new ownership information.) Peter McCarty stated this has been done. (Item #6: Repair holes in bedroom in #3. Repair hole around cabie wires in Bedroom #3.) Peter McCarty stated the broken piasflc cover has been replaced. (Item #7: Provide RH-i test on 4 boilersJ Peter McCarty stated when a licensed heating contractor does the RH-i test, they forwazd the information to the Fire Depazhnent. It was done on 6-8-98. ��s��2�s NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING, 6-16-98 Page 4 (Item #8: Adjust door closer #2, #4 J Peter McCury stated they have been tightened. (Item #t9: Repair closet door #4, hallwaysfstairs need painring and cleanup, repair ceiling Unit #1, paint Unit #1, repair broken minor in bathroom of Unit #}2, ciean carpet in Unit #2 and #1, Unit #1 needs painting and cleaning, repair bathroom door #4.) Peter McCarty stated all is done. (Item 10: Repair vaniry door bathroom #i, fix leak under bathroom sink #l.) Peter McCarty stated the tunge has been replaced and the plumbing has been tightened. (Item i l: Repair bathroom floor #4.) Peter McCarty stated the linoleum has been trimmed. (Item 12: Pmvide smoke detector affidavit.} Peter McCariy stated it has been filled ovt, but he has not mailed it in yet. (Item 13: Properly suppoft the load bearing columns on the front porch - each column carries half of the roof load - the existing foofings/supports have settled causing structural instabiliry.) Peter McCarty stated this is redundant to Item 2. (Item 14: Rebuild to code the steps on the reaz of the building.) Peter McCarty stated the pictures show what was done. Pat Fish statad all these things were done recenfly. Most of the problem is that it takes revocarion or condemnaCion to get work done. Richard Gabriel stated one of the problems is that when Peter McCarty works on one list, he is later told there are other things he needs to work on. Many of the problems are cosme6c in nature and not serious. It has been difficult to get work done because contractors aze working on storm damage projects. Gerry Strathman denied the appeaL Mr. Strathman requested an inspection in the next seven days to check the items that have been said to be corrected. As for the other items, they are sufficient for the basis of condemnation. Mr. Strathman stated he understands that different inspections produce different violations, but some of these buildings are dynamic and changes are needed at one time and not anotber. 1494 Rose Avenue East Heuky Chu-Yang-Aeu, owner, appeared and stated be is appealing Item 10 on the correction list. (Item 10 reads as follows: Provide approvad size unit escape windows or provide variance from appeals board.) Gerry Strathman asked how large is the window. Pat Fish responded these aze siiding metal windows. They aze four inches too narrow. � �S 52.� NOTES OF TT3E PROPERTY CODE ENFORCEMENT MEETING, 6-16-98 Page 5 Gerry Strathman granted the variance on condition ihat when the windows aze replaced, they are to be replaced with confornung windows. 960 Tuno Avenue Ronald 5taeheli, owner, agpeated and stated 96Q Juno was declazed a vacant building and he just purchased the house. He asked Catrolyn Shepherd to show him the file on it. Ms. Shepherd gave him a piece of paper. Mr. Staeheli stated he told Ms. Shepherd that the house was suppose to have multiple housing code violations. Ms. Shepherd told him that her depanment does not need mulriple housing code violations and that they can just go out and find anoCher violation. Mr. 5taeheli stated the previous property owner never received a list of housing code violations, there was never a nofice of appeal, there was never a work order written. Gerry Strathman asked is the building vacant and secure. Ronald 5taeheli responded the building may have been vacant since February 1998, and the doors are locked. Carrolyn Shepherd stated there were multiple violations at the property even though there was only one violation on the correctian order. Any issues not addressed by the complaint inspector are noted by the vacant building inspector before the vacant building file is opened. The former owner paid the vacant building fee and submitted a form saying she vacated the building in the fall because of storm sewer backup which caused structural damage and the foundation had shifted due to ground frost. The former owner expected the building would be raised when the insurance money was received. There was no attempt to verify the damage because the building would be raised or a code compliance inspections would resoive that problem. Ronald Staeheli knew this was a registered vacant building when he purchased the property. Gerry Strathman asked about the one building code violation cited. Carrolyn Shepherd responded only the one had orders. The code does not specify whether it is orders or violaLions. Gerry Strathman stated the issue of contention has to do with the question of whether this is a vacant building as met by the phrase "unoccupied and has multiple housing or building code violation." Mr. Strathman asked is it Ronald Staeheli's view that the violations need to have been cited to the owner, and Canolyn Shepherd's view that they only have to e�st. Ms. Shepherd stated that is conect and standing operating procedure. Mr. Staeheli stated there should be some sort of due process citing what is wrong with the property. tJerry SCtatbman stated he was puzzled why Mr. Ronald Staeheli is claiming it should not be considered a vacant building. Mr. Staeheli stated the person he purchased the house from was the contract holder and the person who paid the fee was a contractee who was seriously in aneazs. Her perception of cazing about his properiy would have been less than the contract holder for sure and less for Mr. Staeheli because he has no intenuon of losing it for a contract for deed. Mr. Staeheli filed the appeal because the city has a considerable amount of power of people and they should have to do things conectly. If they aze going to declare a building vacant, �� �Z�s NOTES OF TfIE PROPERTY CODE ENFORCEMENT MEETING, 6-16-98 Page 6 there should be multiple housing code violatians presented in such a way that the violations can be corrected or appealed. Gerry Suathman asked what Ronald Staeheli's intentions aze with the building. Mr. Staeheli responded he plans to redo the back stairs and paint the house. He has not decided whether he will sell or rent the building. (He showed Mr. Suathman pictures of what he will do with the foundation.) Gerry Strathman stated the ordinance does not say the buiiding has to be cited for multiple violations. They just have to exist. However, everyday faimess says the building owner should be notified of [he violations. Ronald Staeheli stated the City does not lose anything by closing the vacant building 61e. The City can still say the stairs have to be ffxed and cite other violations. Carrolyn Shepherd stated the buiiding needs to be inspected and there needs to be a code compliance. Gerry Strathman stated a code compliance would be required if it a vacant building and not required if it is not a vacant building. Ms. Shepherd stated that is correct. Gerry Strathman asked about possibie structural damage. Ronald Staeheli responded he has every intention of righting the buIlding and doing it under code. Gerry Strathman asked Carrolyn Shepherd wauld there be any circumstances whereby she wouid be willing to move this off the vacant building list. Ms. Shepherd responded she is not so inclined, however it may be advantageous to have a building inspector in the building to determine the exCent of any structural damage. Most buildings that have substantial structuzal problems also have substantial other problems which is why she would prefer a code compliance. Getry Strathman stated he is not finding a ready solution on this one. He does not like it being on the vacant building list without there being multiple citations. On the other hand, it is a fair reading of the ordinance. Gerry Strathman denied the appeal. The actions taken aze a reasonable interpretation of the ordinance. Whether they are the conect or only interpretation is for the courts to decide. Ronald Staeheli stated he would like to see a Ilst of violaYions. Mr. 3trathman asked could an inspection be done at the request of the owner. Catrolyn Shepherd responded normally not, but he can request a code compliance inspection. Mr. Staeheli stated that would cost $100. The meeting was adjourned at 2:55 p.m. 9� S2Sl LAW OFF[CE OF RICHARD J• GABRIEL SUITE 200 175 WEST LAFAYETTE FRONTAGE ROAD SAINT PAUL, MINNESOTA 55107-1487 OF COUSSEL TELEPHONE (612) 222-2931 PARALEGAL; FACSIMILS (612) 2215114 SAMUELR.DALCOGE June 17, 1998 The Honorable Gary Strathman Legislative Hearinq Officer 170 City Hall St. Paul, MN 55102 RE: 359 Maria Our File No: 98-090X Dear Judge Strathman: IYYNEM.BERG on June 16, 1998, a hearing was held regarding the property owner's appeal of the Notice of Condemnation and Order to Vaaate the property commonly known as 359 Maria Avenue, St. Paul, Minnesota. At the conclusion of the hearing, you stated you would recommend that the May 29, 1998, Notice of Condemnation and order to Vacate would be upheld. This lettar is to serve as formal notice of Michael McCarty and Peter McCarty's appeal of that decision. On April 10, 1997, the City of St. Paul issued a Certificate of Occupancy for the property. I am enclosing a copy of that letter which clearly states that the property is in full compliance with the applicable provisions of the St. Paul Legislative Code. In the fall of 1997, Pat Fish of the Dapartment of Fire & Safety Services cited the property for three deficiency items. I am enclosing a copy of her letter of December 9, 1997. Those items included the need to repair the back stairs (since completed); repair of the latch to the basement (repair completed); and, problems with the trash. From the testimony at the hearing, it was clearly established that the trash problem resulted from the neighboring 20 unit apartment building having inadequate trash containers. Its residents routinely took their trash and dumped it in Mr. McCarty's receptaale aausing an overflow. Mr. McCarty has now moved the trash receptacle so it is no longer accessible to the neighbors and the trash problem has subsequently stopped. On February 18, 1998, Pat Fish issued a Certificate of Occupancy Revocation citing five problems, a copy of which is enalosed. All 9�sz8' The Honorable Gary Strathman June 17, 1998 2 of these groblems were immediately resolved. However, Pat Fish failed to reinstate the Certificate of Occupancy at that time. No eltplanation was given at the legislative hearing why Pat Fish failed to reinstate the Certificate of Occupancy even though all five items had been corrected. On April 2, 1998, Pat Fish issued another correction letter and followed the same with a further correction letter on April 9, 1998, copies of which are enclosed. With the exception of the trash problem previously referred to, these letters now contained new items in need of correction. The April 2, 1998, letter contained 13 new items. The April 9, 1998, letter oontained 15 new items. Pat Fish offered no explanation at the hearing why these items were not mentioned in her February 18, 1998, notice or in previous notices. Every time the property owner attempts to comply and fix the problems, a new correction list is created with new problems. These are not matters that simply popped up overnight. It clearly appears that the inspection process is being utilized to farce the complete vacation of this building. It is virtually impossible for the property owner to comply with a moving target. At the hearing several neighbors testified. In sum, their testimony was that they did not like this property, they did not like the lifestyles of the people that live in the property, and they felt their own property values and the property values of city improvements were being depreciated by the fact that this was a property not kept up to their desired economic standards. The neighbars complained of the numerous police calls to the property. The property owner countered with his own list of police calls for the year 1998 which shows six police calls, one of which involved police assisting an ambulance, one of which involved one of the tenants being burglarized (in essence a victim), and one of which involved a previous incident. The other three police calls involved an assault, a landlord neighbor dispute and an "other violation". The issue of police calls to the property was not cited as a reason for condemnation, nar should it have been considered in your determination of this matter. In any event a major improvement has occurred on this issue. At the hearing the property owner addressed the correction list attached to the May 29, 1998, Notice of Condemnation letter issued by Pat Fish, a copy of which is enclosed. Each of the items noted on the correction list was noted as being complete with the exception of item 1- painting and sidinq. The property owner testiPiad in his opinion the property did not need to be painted. Photographs were submitted into evidence by both sides which 9� �s�� The Honorable Gary Strathman June 17, 1998 3 clearly showed the condition of the siding and no cracking or peeling paint was noted. This is not a health hazard, this is casmetic. The property owner testified he had great difficulty locating e�erior siding that would match the existing siding but had now done so and was in the process of having the same installed. With regard ta the other items, the property owner testified that items 2 throuqh 11 were complete. As to item 12, a smoke detector affidavit was already on file with the City as acknowledged by its own letter of April 10, 1997. A new affidavit would be submitted as requested. With regard to item 13, the property owner submitted the opinion of its architect (a copy of which is attached) as to a solution of the problem as well as a photograph of completion. It apgears in your decision you have disregarded the professional opinion of the property owner's architect in this matter. With regard to item 14, the City submitted a photograph of the back steps that had been installed. The property owners hereby appeal your decision to sustain the Notice of Condemnation and Order to Vacate. This Order is unreasonable, arbitrary and capricious and not warranted by the evidence. A formal request is hereby made for an opportunity to present evidence before the City Council regarding this matter in order to completely protect the property owner's legal rights and their right to appeal this matter to the district courts if necessary. Very truly urs, . `'��'2 7 ` �i�� Richard . Gabriel RJG : 1r�vso3oa7sm�.LTn Enclosures cc: Pat Fish Michael McCarty Peter McCarty DEPAftTMENT pg �7� AND SAEE['y SER VICES ��~�` � 7frr�ochy K. Fy[in, Firt Chfef �, :�� A0A11 CITY pF SAINT pAUL Norm Coleman, Mayor APRIL 30. I997 PETER/I$ICgAFT, MCCARTY 1102 GRAND pVE SAINT PAUL MN 55105 �: Cerrificare of pccupancy 339 MARIA AVE No. of Uniu: 4 Dear ProPertt' Bepreseatative: Your Duilding waz inspectcd on FEBRUARY 20, 1997, fnr the renewsi of the Certificaze of Occupaacy. The requcstW fee and Smoke Dctxtor AfHdavit have 6ten received and yow building appeary to be fn fu11 compliaace witn the applicahle provic9ons of the Saint Paul Legisiative Code. A CertiPuate of Occupatu.y has been isaued unti! OCTOHER 3, 2998. You should be corsm�ended for your atteativeness and intereat ia gruvidln$ a safe and well ���� proP�Y. "I7�ank yon for helpiag mat�t the City af Saint Paul a most ti�able ciry. Siacerely, ��� �� PAT FISH Inspector CORS-1 DNISION pg �gg pgg�� Stevert Zaccnrd, Ffre Mursha! 1110 E4tt Eievrath Sirett Teteplrvne: 612.228fi23p SaintPaul,MN53101 Facrimik:6l2-218-d24i �; sw�ur P�UL � 11AAA CITY OF SAINT PAUL Norm Caleman, Maror DECENIBER 9, 1997 PETER/MICHAEL MCCARTY 1102 GRAND AVE SAINP PAUL MN 55105 RE: REFERRAL 359 MARIA AVE No. of Units: 4 Deat Property Representative: DEPAR'TMENT OF FIRE AND SAFETY SERVICES Timothy K. Fu!ler, Fire Chief Q �Q S� DI V ISION OF FIRE PRE VENTION Steven Zacrard, Fi>e Ma�shal 100 Easr Eteventh Sveet Telephor+e: 612-228-6230 Saint Paul, MN 55101 Facsimile: 612-228-6241 An inspection was made of your property on DECEMBER 8, 1957, in rasponse to a referral. You are hereby notified that the attached Correctious List must be corrected immediately. A reinspection will be made after DECEMSER 19, 1947 or as otheruise notecl. Failure to comply may result in a citation or revocation of the Certificate of Occupancy. The Saint Paui L.egisiative Code requires the maintenance of a Certificate of Occupancy. The Saint Paul Legislative Code also provides for the assessment of a$50 fee for each inspection beyond the first reinspection. If you considez any of these code requireme¢ts to be unreasonable, you may aQpeal to the I,egislative Aearing Officer, within 1Q davs of the date of the original orders. Applications for appeais may be obtained at the City Clerks Office, 170 City Hall (266-8989). If you have any questions, please contact me at 228-6Z05 between 7:30 a.m. and 9:W a.m. Cocrections requiring construction, electricat, plumbing, heating, sprinkler or gas psping work must be done under permit and with the approval of the Building jnspection and Design Division, 350 St. Petet Street, Suite 310, Saint Paul, Minnesota 55102, (26b-9090). We would appreciate your cooperatioa in our efforts to make Saint Panl a safer city in w3uch to live and work. Sincerely, ��-��- �.. � : �•_ • A��►�n�cs� co�s-s � �� .� DEFICIENCY/CORRECTTON LIST 23495510930 AECEMBER 4, 1997 PAGE 2` RE:� 359 MARIA AVE THERE ARE DISCARDEB MATTStESSES AND A PILE OF BRL3SH IN THE REAR OF THE BUILDING. THERE AR£ REPEATED TRASH AND GARBAGE YIOLATIONS ON TFiIS PROPERTY. PROVIDE SUFFICIENT TRASH PICK UP FOR TENANTS. 34.08. 2. THE BACK STAIRS TO THIS BLTILDING ARE DETERIORATING. THE STAIR TREADS ARE LQOSE rJR. MISSING. REBUILn STAIRS TO CODE. 34.10. 3. THE LATCH TO THE BASEMENT HAS COLLAPSED AND IS DANGEROUS. REPAIR TO COD£. 34.12. �� s�� DFPARTMENT OF FtRE AND SAFETY SERVICES TTmorhy K. FutFef, Fire Chi¢ D3VISI6H OF f�[RE PRSV&NT10N Sttven7accard, Flrt Marsha! CITY O� S.4II3T PAUI, �� £ast Etevenrh Sneet Tettphone: 612-2.8-d23p Norm CoFeman, .4fayar Saint Paul, MH S.f701 Facs±mite: 612-32&-624! FEBRUARY 18, 1998 PETERrhiiCHAEL MCC1�tTY 2102 GRAND AV$ SAINT PAUL MN Si1Q5 ��: Certificate of Q►ccupancy Revocation 359 MARIA AVE No. of Uaits; 4 Dear Prupetty Representntire: Your buiiding was inapected aa FEBRt7ARY 11, 1998, for the cenewal of the Certifirate of OccuPan�Y• ins.smuch as you hava faited to camply with che applicabie requirements in a reasonahle aumunc of iim�e wislsout appesl, it has become necesssry to revoke the Cert�cate of 4ccupancy for the above-captioned location in accordance wiffi Section 33.05 of the Saint Paui I.egislative Code. THIS LETTER SERVES AS OFFTCtAL NOTICE QP REVOCATION. Saxioa 33.Q5, Subdirision 5 of the Saint pau3 Legislative Cnde funher provides that no building she114e occupied without a Cenificau of pccupaacy. Failure to vacate the building ar camply with the attached Corrections Llst by FEERUARY 27, I948, may result in fl crtminaf citation. Coneecious requiring construcdoa, elettrieat, plumbing, heating, sprinkler or gas piping work must 6e dane under germit and with the apptova3 of the Suilding Insgection and Dcaign t)ivision, 35Q St, Peter Strset, Suita 310, Sa1at Paul, Minnesota 55102 (266-904Q). If you have any ques[ions, you maY �ntact me az 228-6Z05. Sivicerely, ��� PAT PISH Inspeccor CORS-6 ��s, 9`�-52 $ OEFIC)ENCY/C6RRECTjpy LSSi 7�� fE6RltARY 78, 7998 PAGE 2 RE: 354 twtu A+tE 7. TNERE IS CARBAGE OVERfL0Y1NG OUNPSTER All!} 7Rl.Stl IH YARC. 34.08. Z. F[RE E%TINGUISNERS NEEO SERVICIHG AIiD BREAKER 9ARS. NUfCt0.54L. 3. FROIiT OOOR IS BRdffN AND NEII(1VEp iRq{ OPEAING. 34.�9. L. TNE SMOKE DETECT�R lN UNtT S 0!C NOi dAYE BATTERY ONE VAS INSTALLED WRSNG (NSP£CS70N. 299f.362. 5. 1NStALL UNST NiTffiERS ON AGARTMENT DOCRS. 71.01. > ` CITY OF SAINT PAUL Norm Cottmaq Mayar APRII, 1� 1998 �TE��CHAEL :lSCCARTr P.O. HOIL 16Z56 SA1riT PAUL 11�i 7 55116 98:5z� DEPARTMEI'iT OF FIRE AND SAFE'17 SERVICES Timathy K Fulkr, F've Chief DLY[SION OF FlRx pgEV�+N770N Steven Zaccard, Fi�c Marrhd lODEasrElevenrhStree[ Telephane:672-2I8-6230 Salnt Paul, MN SS101 Facsimik: 672-22g-6241 RE: CERTIFICATE pF OCCCPAtJCY WI'I'H CORRECTIONS 359 MARIA AVE N�. of Units: A Dear property Represemadve: On �RCH 23, 1998, a Certifecate af Occupancy inspc�etion �yaq made of your building at the above-propetty tocation. Approvsi for occupancy will be granced npon comQletian of the attached Corseccions Lisc. The items on the lisc nnist be corrected 'unmediately, A reinspeciion wilI be made aftcr 1NAY 2 1998, or as othcnvise noted. Faiiure to do so may result in a citation or th� revocatian of the Certificate of Occupancy. 'thc Saint Paul I,egiylazive Code requires the maintenance of a Certifieaze of Occupaacy. The Saint Paul I.egistative Code atso provides fo� the assesemen[ of zeinspectipn peee equ.y to anahatf of tha cecti�icau fee fot each inspeccion beyond the fitst reinspeccion. YpU WII,L HE RESPt)NSIBLE FOR NQTTF'YTiVG 'I'ENp�N1'g t(r [�Vy OF T'FiE A1TAC�D LIST CJF DEFTGTENCIES ARE 'I'HEIR AESPON5IEII,ITY. For iqquiries about orders or reques4s for altetna[ive tnahods of compliance, call me at 228-6205 bccween 7:3D a.m. - 9:QQ a.m. If you consider these code requiremeuu to be unreasonabte, you �Y aPP� ��e Legislative Aeazissg OfFicer. Appfications for appeais u�ay pe obcained at the Ciry CIerks Office, 170 City Ha11 (266-8989} wi�hin 10 dava of the date of the ori¢insl rnders. Cornetions requiriag conscruction, electricai, plusnbin�; heating, spriak]er or gas piping work must be doue under permit and wirh rhe spprovat of the Building Inspectian and Besign Division, 350 St. Peter SuYet. Suite 310, Sainc P�i, Minnesaa 55102, {265_9pg0}. Plesse help to make Ssint Paui a szfer piace in w0ich to live and work. SincerelY, �� ��i �a�r �rsa, ��az Attachment(s} Cors-3 �7 i . . � DSFSCIF�TCY/CORR�CTICN LIST 1I686 APRIL Z, 1998 �AGE 2 RE: 3S9 MARIA AVE 1. PATNT EXTBRIOR INCLITilING ^RIM. FINISH SOUT_HWEST AIJD NORTH WEST EXTERIOR WI`TH SIDINC- AND ?'R,ZM. 3a.09 (ll {b,c) . EXTERSOR WALLSfPAINT, 2. REPAIR STEPS IN EAST ENTRYWAY. FRONT PROCFi PILI,p,RS/SUPPORTS NEED REBUILDING. 34.09(2){A?. 3. REPAIR REAR EXTERIOR LIGHT. 34.08(9}. 4. PRqVIDE SUFFICIEI3T GARBAGE CONTAINSRS AND TRASH PICI?UP, 34.11(&1. 5. POST COFO AND NEW OWNERSHIP INFORMATION. 33,OS(4], 6. REPAIR HOLES SN BEDROOM AND anrLWAY WALLS WHERE INCEN5E STICKS POKED HOLES. REPAIR HOLE AROt7ND CABLE WIRES IN BEDROOM #4, REPLACE CARP$T IN FRONT STAIR WELL 34.20(7? 7. PROVIbE KH-1 TEST ON 4 SOILER5. 34.11(6?. �� szg APRIL 2, 1998 PAt3E 3 �: 359 MARIA AVE DEFICIE2�7CY/CQRRcCTION LZST 11646 S. COVE^a OPEN JLJNCTZON BOX IN BASEMENT. 34.14(2). 9. RENSOVE 7�P,A*D7NrOWER fiROM BASEM�NT. 34,15{A). 10• ADJUST DOOR CLOSER #2, #4. MII�'C APP 1A' (2) (C) . 11. REPAIR CLOSET FOORS #4. HALLWAYSJSTAIRS NEED PAINTING AND CLEANUP, REPAIR CEFLING UN2T '�1. PA2NT UNIT #1. RSPAIR BROKEN MIRROR IN BATHROOM OF UNIT #2. CLEAN C_ARPET IN UNIT #2 A1VD #1. UNIT #1 NEED PAINTIIIG, CLF.ANING. REPAIR BATHROOM DOOR #4. 34.10(7). 12e REPAIR VANTTY DOOR BATHk00M #�1. FIX LEAK UNpER BATHR�QM SINK #1. 34.11{1). 13. REPAZR BATHROOM FLOOR #{4. 34.10(�). - 14. FROVIDE Si�IOKE DETECTOR AFFIUAVIT. 39.02{C}. E �8 s2� DEPARTMEN'T OF FiRB AND SAFETY SERVICES Timothy K Fufler, Ffre Chie( DIVISION OFfIFtE PREVENTIDN St�vea Zaccard, Firt Marsha( 100 East Eleventh Sr�eet Te/epbone: 612-ZZB-6230 CI'TY OF SAINT PALJL SaFnt Paut, MN 55101 Focslmite: 612-2Z8-62a! Norm Coietnon, Mayar APRII, 9, J.998 PE�R/14fICIiAEL MCCARTY P.O. BO% 16256 SAIIVT PAUJ.. hiN 53116 RE: CER'PLFTCATE OF pCCLrnANCY WITH COR1tECTIONS 359 MARIA AVE No. of i7nizs: 4 Deat Property Represen[ative: On MARCEi 25, 1996, a Certifica[e of Occupancy inspection was made of your building at the abov�property location. Approval far occupancy wil3 bc granted upon compJetion of the accached Coaecaons Lis[. Tne imms an the lisc musc he corrected immediateiy. A xcinspeceion wiil be made after MAY 2 1998, or as otheswise noeed. Failute to do so mav resule in a ci�at;on or the revocazSon of rhe CeniFicate of Oceupancy, The L'aint I`avl LaSiolmn o vOOQ [PqY1F9P iFir rtI'^�^'�^^^^. �f + �'a.'ifira�n nf (imnranrY Thn Ceinr Paui Legistarive Code also provides for the assessmrnt of reinspectinn fees equal t� one-half of the certi5eate fee ioi each igspection beyond ihe firsi reinspection. XOil W1LT. BE RE,SPON5IBLE FOR NOT`IFYING TENANTS 7k' ANY OF 'i'I3E ATTACF�ED LIST OF DEFICIENCLES AItE TfIEIR RE6PONSLSILI'�'1'. For inQuiriu abouc orders or reques[s fot al[emacive methods of compIianee, ea(! me ac 228.6Z65 between 730 a.m. - 9:dQ a.m. If you consider these cpde requixements to be unreasonable, you may appea! to the Legislative Hearing Officer. App�icatious for agpeals may be obtained at the Ciry Clerks Ofiice. F70 Giy Ha]} (2bb-gggg) within 16 davs of the dace of the ari�"nal order<. Corrections tequiring conscrucaon, electricat, piumbing, heacing, 3prinkler or gas piping wotk must be done under permit snd witih fh= appro:•a', e; the Building In;pettion and Design Dtvision. 350 St. Peter Street, Suize 310. Saint Paut, Minnesota 55102, (266.9p9p), Please helg co meke Saint Paul a safer piacs ia which ca live sad work. Sinctrety, ��2{. ��� 1'AT FF3�, Inspecto[ . Actachment(s) Cass-3 98 sz�' DEFIC�ENCY/CORRECTION LIST 11646 APRIL 9, 1996 PAGE 2 r2E: 359 MA�IA AVE 1. ?AZNT EXTERIQR INCLiJD�NG TRIM. rINZSH SOUTHWEST AND NORTH WEST EXfiERZOR WIT?i SIDTNG AND TRIM. 34.09(li(b,c). 2. kEPAIR STEPS IN EAST ENTRYWAY. FRONT PROCH PILLARS/SUPPORTS NEED REBUI LD 2 T7G , 34. 09 (2 ) (A) . 3. REPAIR REAR EXTERIOR LIGHT. 34.G8(9). 4. PROVIDE SUPFICIENT GARHAGE CONTAINERS AND TRASH PICKUP, 34.11(8). 5. POST COFD AND NEW OWNERSHIP INFORMATION. 33.05t4). 6. 12EPAZR HOLES IN HEDROOM At3D HALLWAY WALLS ➢iHERE ZNCEIVSE STICKS PO2(ED Si�LES . REPAIA. HOLE AR4LTND CABLE WIRES II3 BEDROOi+f #4. REPLACE CARPET IN ERONT STAIR WELL 34.10{7}, 7. PROVIDE RH-1 TEST qN 4 BOILERS. 34.11(6}. �8-sZ� DEFICSENCY/CORRECTION LZST 11646 APRIL 9, 1598 PAGE 3 RE: 359 MARIA AVE $. COVER OFEN JUNCTION BOX IN BASEMENT. 34.14(2). 9. REMOVE LAWNMOWER FROM SASEMENT. 34.15(A). 10_ ADJTJST DOQR CLDSER #2, #4. MUFC APP lA-(2)(c). 11. REPAIR CLOSET DOORS #4. HALLYJAYS/STATRS NEED PAINTING AND CI,EANUP , REPAIR CEILING UNIT #1. PAINT UNTT #1. REPAIR BROKEN MIRROR IN $A2'f�IROOM OF UNIT #2, CLEAN CARPET IN UNIT #2 ANll #1. UNIT #1 NEED PAINTING, CLEANING, REFASR BAT2-IKppM DOOFt #4. 34.i0(7}. 12. ftEPAIR VANITY DOOR BATHROOM #1, FIX LEAK UNDER BATHROOM SINK #1. 34.11(1}, 13. REPAIR SATHROOM FLL?OR #4. 34.10(4). 4. PROVTDE SMOKE DETECTOR AFFIDAVIT. 39.02 tc) . 0 %8 ��� DEFICIENCY/COARECTId?T LIST 11646 APRIL 9, 195$ PAGE 4 RE: 359 MARIA AVE 15. PROPERLY SUPPORT THE LOAD BEARTNG COLUMNS ON THE FRONT PORCH - EACH COLtIl�1DI CARRIES HA2�F OF TA� ROOF LOAD - TfiE EXISTING FOOTINGS/ SVPFORTS F.AVE SETTLED CAUSING STRUCTURAL 2NSTAHILITY. 34.09(A). 16. REBUILD TO CODE THE STEPS ON THE REAR OF TFi$ 8U2LDINC3 (CEIJTER STAIRCASE), A 36 X 36 INCH LADTUING IS REQUIRED AND TAE STEPS SHALL BE rONSTRt7CTED WITH A 9 II3CH RUY3 AND A 8 INCH MAXIMUM RISE AND A 36 INCH MINIMUM WIDTH, IF MORE THAL�T 30 INCHES ABOVE GRADE A GUARDRASL SHALL SE PROVIDED WITH A 4 INCH MAXIMUM SPACZNG OF THE INTERMEDIATES. IF MORE THAN THREE STEPS, A GRIPPABLE HANDRAIL 34 TO 38 iNCHES SHALL BE PROVSlJFp. 34.09 (2) (C) . 18 5:�8' DEPARTMENT OF FS[tE AND SAFEtY 5ER VICES Timothy K. Futtrr, Ftrr Chief DI VIS10N 6F FiRE PREYEi�T['[ON Steven 7acc¢rd. Fire Marshal 100EartEtevenrhSvser retephone:6[:•228-6230 CITY OF SAINT PAUL SaintPafd,MN33101 Facsimil<: 6t2-228-6241 Norae �'aieMars, ASayor MaY z4, t49a PETERlMiCHAEL MCCARTY P.O. HOX 1b256 SAtNT P.4UL MN 35116 RE: Notice of Condemnat3on and Order to Vacate 359 MARiA AVE Na, ot [7nas: d Dear Proprny Rtpresentative: Tnz Division of Fire Pr�vvrnGon of tho City of Saint Paul, Mianesau, has found the ptemises at the abnve pmpe:ty locadan to be uasa#e, unfit f��r human habitarion, a public nuisance, a hazard co che publio welfaic or othrnvise dangemvs ro human lito. A Condemnazion Placazd has been post� an the premises. Tha attached Carrectian List shall he carreeted 2mtnedlatety as the premdse vaeated by JC7LVE 30 1998. CONDEMNATION �P TtiE EiVTIRE BUILDING REVOKES ANY CEItTIFICATE OF OCC�SPANCY THAT MAY EXIST ON THE BUILDIiVG. Any correccions �equiring consaucctan, elec�ricai, ptumbiag, gas piping, heacing or sprinkler work, must be performed under permit and u�irh the appraval of the Buiiding Inspection anxi Duign Divisian, 350 St, Peter Streec, Suite 310. Saint Paut, Minnesota 55i02. {256-9490). If you consider rhis condemnation unreasanahle you may appeai co [he Legistative Hearing Q�cer. Applications for appeals maq be obtained ac Room i"I9 Ci[y Haii (266-8989). Ao�als must be filed in the Cirv Clerks Office within 7� davs of the date of the nrieinal arders TLese premises shali not be used or inha6ited unni the a�tsched "Cnrrection Lis�" is compteted and a Ceztificaze of Oxupsacy has been issued by the Depazvs�ent af Firt and $afety Services, Division of Pire Prcvention, Ciry oF Saint Paul. Siacerely, �u �� YAT F[5 Inspector cc: Hausing Info�ion Officc via fax Fotce Unit Enclosutes CORS-7 9�3n 9� �� g DEFICIEISCYJCOF2RECT2GN LIST 11646 MAY 29, 1998 PAGE 2 RE: 359 MARIA AVE 1. PAINT EXT�RIOR INCLUDING T_TtIM. FINISfi 3QUTHWEST A.�ID *70RTH WSST EXTERIOR WIT$ STDING AND TRIM. 34.OS{1)tb,c?. 2. REPAIR STEPS IN EAST ENTRYWAY. FRONT PRQCH PILLARSfSUPPflRTS NEED REBUILDI23G. 34.09 (2) (A) . 3. REPAIR REAR EXTERIOR LIGFF2. 34.08(93. 4. PROVIDE Si3FFICIENT GARSAGE CQNTAINERS AND TRASH PZCKUP. 34.11(8}. 5. POST COFO ADIU NEW ONTNERSHIP INFORMATION. 33.�5(4J. 6. REPAZR HOLES IN HEi7RO0M IN #3. REFAIR HOLE AROIIDID CABLE W2RES IN HEDROOM #3. 3e.zo(73- 7. PROVZDE RIi-1 TEST ON 4 BOILERS. 34�11(5}. 9� s2 � DEF2CIENCYfCORRECTIGN LIST MAY 29, 1998 PAGE 3 AE: 359 MARIA AvE 8. AD3UST DOOR CLQSER tt2, #g, MUFC APP lA-t2)tc). 4. REPAIR CI,OSBT DOORS #4. HALLWAYSJSTAIRS I3EED PAINTINC3 ANI7 CLEANIIP . REPAIR CEILING t3NIT #l. PAINT CIUTIT #1. REPAIR BROKEN M2RROR SN BATHROOM OF UNIT #2. CLEAN CARPET IN tJNST #2 AND #1. IJ23IT #1 NEED PAINTI2+TG, CLEANING. REPAIR 8A'PEiR00M DOOR #4. 34.10(7), 1Q, REPAIR VANITY DOOR BATHROOM #1. FSX LEAK UNDER SATHROOM SINK #1. 34.11(1). li. REPAII2 SATHROOM FLOOR #4. 34.10(4). 12. PROVIDE SMOFCE DETECTDR AFFZDAVIR, 39.02{C). 13. PROPERLY SUPPORT THE LOAA $EARING COLtJhir7S ON THE FRONT PORCH - EACf3 COLUMf7 CARRIES HAI.F pF 2HE ROQF LOAD - THE EXISTING FOOTINGS( SUPPORTS TiAVE SETTL^aD CnUaIh^v STRUCTURAL INSTABILITY. 34.09(A?. 11646 9� �5� � DEFICIENCYjCORRECTIGN L,IST 11546 MAY 29, 1998 PAGE 4 RE: 359 MARIA FLVE 14. REBUILD TO CODE THE STEPS ON THE REA.�2 OF TH£ BVILDING (CENTER STAIRCASE), A 36 X 36 INCH LANDING IS AEQUiRzD AND THE STEPS SHALL BE COIJS'!'RUCTED WITH A 9 IATCH RUN AND A 8 I23CH MAXZMUM RISE AND A 36 INCH MINIMUM WIDTFi, IF MORE THAN 30 INCHES ABOVE GRADE A GUARDRAIL $FiA2,L SE PROVIDED WITA A 4 INCFi hIAXIMUM SPACING OF TFi$ INTERMEDIATES. IF MQRE THAN THREE STEFS, A GRIPPABLE E3ANDRAIL 34 TO 38 INCHES SHAI,L HE PROVIDED. 34.09(27(C). �� I Jrma lo, 1998 Petet/Mic}� McCarty Pd$ox 3b25b St p�, � SS 1I b and SmaTt Archit.ects Via fa+c b9S - 973I Re: 3S9 M�� Avatt�, 5tPau1 PYnnk pOl'cL Uefd' $)75: �tr�'.5� $ I inegected the above ffont porch �d racommta�d t6at the cxYi�ns supporting the porch roof bc rePleca! wish b" x 6"posts. 71use poscs shoukt be Pusitionat plumb fram the emerior comera ofthe pcxcb roof rnNO the existing biick piers. 'F hc cxishng brick piete, althaugh notpiumb, aPPesr to hsve settted maaY Yee*s a8o, aud sa I do not sae the nesd t reptace ih�a for sbnyshual reasons. Should you heve atry c�ta�ons piase cail tne directly at 943-3605. Sinceroly ' ` • F��,�„� ..---�°�" Michael En � • Council File # 9 'S� p A rncr��� —�� 3.� � q8' Green Sheet # 60794 � tt � t71 ���,. RESOLUTION `�� r _,, , CITY OF SAINT PAUL, MINNESOTA Presented Refeired To Coaunittee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the June 16, 1998 2 decision of the I,egislarive Hearing Officer: 3 Propertv Ap en aled 4 359 Maria Avenue 5 Decision: Appeal denied. Ap epp llant Peter McCarty and Michael McCarty 6 1494 Rose Avenue East Heuky and Maysong Chu-Yang-Heu 7 Aecision: Vaziance granted on condition that when the windows are replaced, they are to be replaced with 8 confomung windows. 9 960 Juno Avenue 10 Decision: Appeal denied. ��0�� cvev� --�,a 0.., C�.�.bi: �. %4ea � �.1 �'...\� \ ` \Y�g' � �i 2 3 4 5 � Yeas Na s Absent Blakey +� colemaa +/ xarris ,/ Benanav ✓ Reiter �� Bostrom �/ Lantry i / �o O Adopted by Council: Date �� T ��l� 8' Adoption C�tified by Council S e ary By: `�� \ � , ��.Ki _ � T Approved by Mayor: ��Z�� Ronald Staeheli Requested by Depaztment of: � Farm Approved by City Artomey � Apptoved by Mayor foc Submission to CouncIl � � City Council Gerry Strathman, 2b6-8575 June 24, 1998 6/17l98 TOTAL # OF SIGNATURE PAGES GREEN SHEET oa.�ns�m�r w�Ferai �8 3��' No 60790 Mrerioae. uireowca ❑ q1YAifOqE'/ ❑ Gi'Iq.iRlf ❑ wuwcw.a�nuicrsow. ❑ wuwcw.mnn�ccro ❑ 410R(OR/�f9RAlII� ❑ {CUP ALL LOCATIONS FOR SIGNATURE) Approving the 6-16-98 decision of the Legislative Hearing Officer on Property Code Enforcemnt Appeals for the following addresses: 359 Maria Avenue, 1494 Rose Avenue East, 960 Juno Avenue. PLP.NPlING COMMISS{OPJ CIB COMMITiEE CIVIL SERVICE COMMISSION Fias mic O�sonlBm, r+er wnrkea uoae. a conlraa ra thie depanmenn rtis wo ties mis c�soMrtn evei 6een a oiH emabYee'1 YES NO Dces this personfirm P� a sluil nd namaMP� bY anY curreM city empbyee'7 YES NO I¢ ttNS P�eorfirtn a tarpeted vantloR YES NO i7AL M10UN7 OF TRAN3ACTION F NDINQ SOURCE COST/REVENUEBUDCETED(GRCLEON� ACTIVITY NUM86R YES NO WCWL iNFORMA71oN tD�Wt� a g-sZ$ 13 NOTES OF Tf� PROPERTY CODE ENFORCEMENT MEETII�TG June 16, 199& Room 336, City Hall Gerry STrathman, Legisiative Hearing Officer STAFF PRESENT: Pat Fish, F'ue Preven6on; Carrolyn Shepherd, Vacant Buildings Gerry Sirathman called the meeting to order at ic33 p_m. 359 Maria Avenue Peter McCarry, owner, and his attorney Richazd Gabriel, 175 Lafayette, appeared. Richard Gabriel stated his client is appealing the condemnation order because some requests are unreasonable and others are satisfied. It would be an economic hardship on the owners to lose the tenants and a hardship on the residents to be evicted. This is a fourplex and each family has minor children. Pat Fish reported that this properiy has a long history going back severai yeazs. Ms. Fish went back in the file to August 1997. Ms. F'ish received complaints on August 14, 19, and 29. There were two tenant compiaints on October 27 and November 20. A reinspection was done in November. Ms. Fish went out again in February. The complaints range from violations of exterior conditions such as gazbage and irash, condition of the back porch, access doors to the basement. There were condirions cited in the units that were not taken care of after several reinspections. In February, Ms. Fish revoked the certificate of occupancy on the building because of the conditions there. In March, she did a certificate of occupancy inspection and gave the owners until May 2 to get the conditions corrected. Ms. �sh did a reinspecdon in May. Very little if any progress was made. She went back yesterday and took pictures. In the appeal, the owner says the porch did not nezd straightening. Ms. Fish had a certified building inspector looked aY the porch, and the inspector's conditions were added to the certificate of occupancy list. The building was condemned based on the fact that the management has not been kept up in accordance with the Saint Paul Property Maintenance Code. (Ms. Fish showed photographs to Gerry Strathman and Richard Gabriel.) Gerry Strathman asked for clarification on the certificate of occupancy. Pat Fish responded it was revoked in February 1998 and it has not been reinstated. The next step would be condemnation because the letter of revocation said the building had to be vacated or the rep�irs made. Father James Notebaart, Archdiocese of Saint Paul and Minneapolis at 3045 Pazk Avenue, Minneapolis, owns 667 Fifth Street East, which abuts the property at 359 Maria. Father Notebaart stated he would like to speak on three issues: health, safety, and historic preservauon. 1) Aealth - Father Notebaart has kept a photographic record of the trash problem at 359 Maria. He showed these photographs to Michael McCarty. When asked for a response, Mr. McCas2y shrugged his shouldets and walked away. Also, scavengers come into the yard. 2) Safety - The celiar entrance is left open sometimes which could be a danger to children. Father Notebaart stated he has a police list of 220 calls to the building. He has seen a number of drug deals take place behind the r ��s S"2� NO'I`ES OF THE PROPERTY CODE ENFORCEMENT MEETING, 6-16-48 Page 2 residence. The owners have never responded to any letter from Father Notebaart. 3) Historic preservation district - The windows have been changed without the Historic Preserva6on Commission's permission. (Father Notebaart submitted the police calls list and the photographs to Gerry Strathman.) 7uliet Smebakken, 657 Fifth Street East, appeazed and stated she and her husband Brian have lived on the same block as 1171 Minnehaha for 15 years. Ms. Smebakken fully supports what Pat Fish and Father Notebaart have said about the property. She is afraid to have her child walk in front of the building. She has seen some of the crime. Dayton's Bluff is slowiy becoming safe, however this property has not changed. Ms. Smebakken does not believe the owner cares where the tenants go. Her home is a possibiliry. Cliff Carey, 635 Bates, appeared and stated he lives about five blocks away. He has been aware of this property for about four yeazs. The number of police caiis has not changed. Mr. Carey has had no luck convincing people to buy property on this block because of this type of acrivity. Mr. Carey asked Gerry Strathman to support this condemnation. Karen Dupaul, Crime Prevention Person for Dayton's Bluff I7istrict 4 Community Councii, 281 Matia, appeared and stated it is important to have safe living condirions for the tenants there and an adequate playing azea for children. Landlords are very important to the neighborhood, but they need to be responsible. Richard Gabriel stated the only issue here is the appropriateness of the condemnation. However, these other issues have been raised and they feel compelled to respond. Peter McCarty stated a printout of the 1998 police calls shows there has oniy been about six police calls from Januazy 1, 1998 to May 29. He acknowledges there have been a lot of calls in the past. (This printout was shown to Gerry Strathman J Richard Gabriel stated if the City wants to remove a property, there is a process for that. His ciients feels that low income people should have a place to live also and this place gives them that opportunity. A certificate of occupancy was granted on April 10, 1997 and expired on October 3, 1998. The closing paragraph says the following: "To the owners, you should be commended for your attentativeness and interest in providing a safe and well maintained property. Thank you for helping making the Ciry of Saint Paul a most liveable City." {This was shown to Gerry Strathman.) Pat Fish responded that is a computer generated letter and a standard statement when a certificate of occupancy is issued. The certificate was revoked on February 2 and not reissued. Richard Gabriel stated the letter from the City dated February 18 about a certificate of occupancy revocation had five items listed and all have been corrected. Pat Fish later inspected that property and the McCattys were not notified that any of the violations were still outstanding. Peter McCarty stated the letter clearly says that if the owners complied, the certificate of occupancy wouid be reinstated. Gerry Sirathman asked was it assumed that it wouid be automarically reinstated. Mr. McCarty responded that is what the letter said. Ms. Fish reinspected on March 25 for a renewal inspecflon. The above five items were not cited in the cunent certi�icate of occupancy with corrections. � �s-�Z�S NOTES OF T'HE PRQPERTY CODE ENFORCEMENT MEETIlVG, 6-16-98 Page 3 Pat Fish stated on February 18, 1998, the certificate of occupancy revocafion letter cleazly states "this letter serves as official norice of revocafion:' The letter does not state that once complied, the cerGficate of occupancy would be automatically reinstated. In order to reinstate it, Ms. Fish has to do a certificate of occupancy inspection which was done on March 25. On April 2, Ms. Fish sent a letter with the corrections and things that needed to be done. In addition, she was also responding to complaints to specific units, so there was another letter on May 8 sent about a particulaz unit. That has not been conected as far as Ms. Fish knows. Gerry Strathman asked which items on the May 29 conection list were unreasonable. (Item #l: Paint exterior inciuding trim. Finish southwest and northwest exterior with siding and trim.) Peter McCar[y stated it does not need to be painted. Pat Fish responded there is graffiti all over the building and the shakes aze dirry. The gutters look like they will come down. Gerry Strathman stated he did not see ga�ti in the pictures. Ms. Fish responded the photographs showed the doors that were taken out and the siding that was never replaced. The stairs are barred off with wood. There is siding missing. Peter McCarty stated that siding is not available anymore, so it has to be obtained from salvage. He intends to side and paint the building. Mr. Strathman summarized it is unreasonable for the entire building to be painted, bnY not nnteasonable for the siding and trim to be done. Peter McCarty agreed. Mr. Gabriel stated the shoft period of time to accomplish the task is unreasonable. Mr. Strathman asked when these violations were cited. Ms. Fish responded in Mazch and at the end of May. (Item #4: Provide sufficient garbage containers and trash pickup.) Peter McCarty stated he used to have a 2 yazd dumpster there. The apaztment next door also had a 2 yazd dumpster. T`he pictures that Father Notebaart submitted did happen. Mr. McCarty has tallced to Pat Fish about Neil, the next door neighbor, who does not have a big enough dumpster and his tenants dump their trash in the dumpster for 359 Maria. Eazlier this year, Mr. McCariy had 90 gallon carts put on his property. The situation was monitared. Ms. Fish came out and saw that the next door neighbor's dumpster looked like the previous picture of his. There has not been a problem on lus property since_ (Item #2: Repair steps in east entryway. Front porch piilarslsupports need rebuilding.) Richazd Gabriel stated he had an opinion from an architect regazding this same issue which is in conflict with the opinion of the housing inspector. (This was shown to Gerry Strathman.) The 6x6 post have been installed. The piliazs have been repaired per the architecYs suggesrion. (Item #3: Repair reaz exterior light.) Peter McCarty stated the light bulb has been replaced. (Item #5: Post Certificate of Occupancy and new ownership information.) Peter McCarty stated this has been done. (Item #6: Repair holes in bedroom in #3. Repair hole around cabie wires in Bedroom #3.) Peter McCarty stated the broken piasflc cover has been replaced. (Item #7: Provide RH-i test on 4 boilersJ Peter McCarty stated when a licensed heating contractor does the RH-i test, they forwazd the information to the Fire Depazhnent. It was done on 6-8-98. ��s��2�s NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING, 6-16-98 Page 4 (Item #8: Adjust door closer #2, #4 J Peter McCury stated they have been tightened. (Item #t9: Repair closet door #4, hallwaysfstairs need painring and cleanup, repair ceiling Unit #1, paint Unit #1, repair broken minor in bathroom of Unit #}2, ciean carpet in Unit #2 and #1, Unit #1 needs painting and cleaning, repair bathroom door #4.) Peter McCarty stated all is done. (Item 10: Repair vaniry door bathroom #i, fix leak under bathroom sink #l.) Peter McCarty stated the tunge has been replaced and the plumbing has been tightened. (Item i l: Repair bathroom floor #4.) Peter McCarty stated the linoleum has been trimmed. (Item 12: Pmvide smoke detector affidavit.} Peter McCariy stated it has been filled ovt, but he has not mailed it in yet. (Item 13: Properly suppoft the load bearing columns on the front porch - each column carries half of the roof load - the existing foofings/supports have settled causing structural instabiliry.) Peter McCarty stated this is redundant to Item 2. (Item 14: Rebuild to code the steps on the reaz of the building.) Peter McCarty stated the pictures show what was done. Pat Fish statad all these things were done recenfly. Most of the problem is that it takes revocarion or condemnaCion to get work done. Richard Gabriel stated one of the problems is that when Peter McCarty works on one list, he is later told there are other things he needs to work on. Many of the problems are cosme6c in nature and not serious. It has been difficult to get work done because contractors aze working on storm damage projects. Gerry Strathman denied the appeaL Mr. Strathman requested an inspection in the next seven days to check the items that have been said to be corrected. As for the other items, they are sufficient for the basis of condemnation. Mr. Strathman stated he understands that different inspections produce different violations, but some of these buildings are dynamic and changes are needed at one time and not anotber. 1494 Rose Avenue East Heuky Chu-Yang-Aeu, owner, appeared and stated be is appealing Item 10 on the correction list. (Item 10 reads as follows: Provide approvad size unit escape windows or provide variance from appeals board.) Gerry Strathman asked how large is the window. Pat Fish responded these aze siiding metal windows. They aze four inches too narrow. � �S 52.� NOTES OF TT3E PROPERTY CODE ENFORCEMENT MEETING, 6-16-98 Page 5 Gerry Strathman granted the variance on condition ihat when the windows aze replaced, they are to be replaced with confornung windows. 960 Tuno Avenue Ronald 5taeheli, owner, agpeated and stated 96Q Juno was declazed a vacant building and he just purchased the house. He asked Catrolyn Shepherd to show him the file on it. Ms. Shepherd gave him a piece of paper. Mr. Staeheli stated he told Ms. Shepherd that the house was suppose to have multiple housing code violations. Ms. Shepherd told him that her depanment does not need mulriple housing code violations and that they can just go out and find anoCher violation. Mr. 5taeheli stated the previous property owner never received a list of housing code violations, there was never a nofice of appeal, there was never a work order written. Gerry Strathman asked is the building vacant and secure. Ronald 5taeheli responded the building may have been vacant since February 1998, and the doors are locked. Carrolyn Shepherd stated there were multiple violations at the property even though there was only one violation on the correctian order. Any issues not addressed by the complaint inspector are noted by the vacant building inspector before the vacant building file is opened. The former owner paid the vacant building fee and submitted a form saying she vacated the building in the fall because of storm sewer backup which caused structural damage and the foundation had shifted due to ground frost. The former owner expected the building would be raised when the insurance money was received. There was no attempt to verify the damage because the building would be raised or a code compliance inspections would resoive that problem. Ronald Staeheli knew this was a registered vacant building when he purchased the property. Gerry Strathman asked about the one building code violation cited. Carrolyn Shepherd responded only the one had orders. The code does not specify whether it is orders or violaLions. Gerry Strathman stated the issue of contention has to do with the question of whether this is a vacant building as met by the phrase "unoccupied and has multiple housing or building code violation." Mr. Strathman asked is it Ronald Staeheli's view that the violations need to have been cited to the owner, and Canolyn Shepherd's view that they only have to e�st. Ms. Shepherd stated that is conect and standing operating procedure. Mr. Staeheli stated there should be some sort of due process citing what is wrong with the property. tJerry SCtatbman stated he was puzzled why Mr. Ronald Staeheli is claiming it should not be considered a vacant building. Mr. Staeheli stated the person he purchased the house from was the contract holder and the person who paid the fee was a contractee who was seriously in aneazs. Her perception of cazing about his properiy would have been less than the contract holder for sure and less for Mr. Staeheli because he has no intenuon of losing it for a contract for deed. Mr. Staeheli filed the appeal because the city has a considerable amount of power of people and they should have to do things conectly. If they aze going to declare a building vacant, �� �Z�s NOTES OF TfIE PROPERTY CODE ENFORCEMENT MEETING, 6-16-98 Page 6 there should be multiple housing code violatians presented in such a way that the violations can be corrected or appealed. Gerry Suathman asked what Ronald Staeheli's intentions aze with the building. Mr. Staeheli responded he plans to redo the back stairs and paint the house. He has not decided whether he will sell or rent the building. (He showed Mr. Suathman pictures of what he will do with the foundation.) Gerry Strathman stated the ordinance does not say the buiiding has to be cited for multiple violations. They just have to exist. However, everyday faimess says the building owner should be notified of [he violations. Ronald Staeheli stated the City does not lose anything by closing the vacant building 61e. The City can still say the stairs have to be ffxed and cite other violations. Carrolyn Shepherd stated the buiiding needs to be inspected and there needs to be a code compliance. Gerry Strathman stated a code compliance would be required if it a vacant building and not required if it is not a vacant building. Ms. Shepherd stated that is correct. Gerry Strathman asked about possibie structural damage. Ronald Staeheli responded he has every intention of righting the buIlding and doing it under code. Gerry Strathman asked Carrolyn Shepherd wauld there be any circumstances whereby she wouid be willing to move this off the vacant building list. Ms. Shepherd responded she is not so inclined, however it may be advantageous to have a building inspector in the building to determine the exCent of any structural damage. Most buildings that have substantial structuzal problems also have substantial other problems which is why she would prefer a code compliance. Getry Strathman stated he is not finding a ready solution on this one. He does not like it being on the vacant building list without there being multiple citations. On the other hand, it is a fair reading of the ordinance. Gerry Strathman denied the appeal. The actions taken aze a reasonable interpretation of the ordinance. Whether they are the conect or only interpretation is for the courts to decide. Ronald Staeheli stated he would like to see a Ilst of violaYions. Mr. 3trathman asked could an inspection be done at the request of the owner. Catrolyn Shepherd responded normally not, but he can request a code compliance inspection. Mr. Staeheli stated that would cost $100. The meeting was adjourned at 2:55 p.m. 9� S2Sl LAW OFF[CE OF RICHARD J• GABRIEL SUITE 200 175 WEST LAFAYETTE FRONTAGE ROAD SAINT PAUL, MINNESOTA 55107-1487 OF COUSSEL TELEPHONE (612) 222-2931 PARALEGAL; FACSIMILS (612) 2215114 SAMUELR.DALCOGE June 17, 1998 The Honorable Gary Strathman Legislative Hearinq Officer 170 City Hall St. Paul, MN 55102 RE: 359 Maria Our File No: 98-090X Dear Judge Strathman: IYYNEM.BERG on June 16, 1998, a hearing was held regarding the property owner's appeal of the Notice of Condemnation and Order to Vaaate the property commonly known as 359 Maria Avenue, St. Paul, Minnesota. At the conclusion of the hearing, you stated you would recommend that the May 29, 1998, Notice of Condemnation and order to Vacate would be upheld. This lettar is to serve as formal notice of Michael McCarty and Peter McCarty's appeal of that decision. On April 10, 1997, the City of St. Paul issued a Certificate of Occupancy for the property. I am enclosing a copy of that letter which clearly states that the property is in full compliance with the applicable provisions of the St. Paul Legislative Code. In the fall of 1997, Pat Fish of the Dapartment of Fire & Safety Services cited the property for three deficiency items. I am enclosing a copy of her letter of December 9, 1997. Those items included the need to repair the back stairs (since completed); repair of the latch to the basement (repair completed); and, problems with the trash. From the testimony at the hearing, it was clearly established that the trash problem resulted from the neighboring 20 unit apartment building having inadequate trash containers. Its residents routinely took their trash and dumped it in Mr. McCarty's receptaale aausing an overflow. Mr. McCarty has now moved the trash receptacle so it is no longer accessible to the neighbors and the trash problem has subsequently stopped. On February 18, 1998, Pat Fish issued a Certificate of Occupancy Revocation citing five problems, a copy of which is enalosed. All 9�sz8' The Honorable Gary Strathman June 17, 1998 2 of these groblems were immediately resolved. However, Pat Fish failed to reinstate the Certificate of Occupancy at that time. No eltplanation was given at the legislative hearing why Pat Fish failed to reinstate the Certificate of Occupancy even though all five items had been corrected. On April 2, 1998, Pat Fish issued another correction letter and followed the same with a further correction letter on April 9, 1998, copies of which are enclosed. With the exception of the trash problem previously referred to, these letters now contained new items in need of correction. The April 2, 1998, letter contained 13 new items. The April 9, 1998, letter oontained 15 new items. Pat Fish offered no explanation at the hearing why these items were not mentioned in her February 18, 1998, notice or in previous notices. Every time the property owner attempts to comply and fix the problems, a new correction list is created with new problems. These are not matters that simply popped up overnight. It clearly appears that the inspection process is being utilized to farce the complete vacation of this building. It is virtually impossible for the property owner to comply with a moving target. At the hearing several neighbors testified. In sum, their testimony was that they did not like this property, they did not like the lifestyles of the people that live in the property, and they felt their own property values and the property values of city improvements were being depreciated by the fact that this was a property not kept up to their desired economic standards. The neighbars complained of the numerous police calls to the property. The property owner countered with his own list of police calls for the year 1998 which shows six police calls, one of which involved police assisting an ambulance, one of which involved one of the tenants being burglarized (in essence a victim), and one of which involved a previous incident. The other three police calls involved an assault, a landlord neighbor dispute and an "other violation". The issue of police calls to the property was not cited as a reason for condemnation, nar should it have been considered in your determination of this matter. In any event a major improvement has occurred on this issue. At the hearing the property owner addressed the correction list attached to the May 29, 1998, Notice of Condemnation letter issued by Pat Fish, a copy of which is enclosed. Each of the items noted on the correction list was noted as being complete with the exception of item 1- painting and sidinq. The property owner testiPiad in his opinion the property did not need to be painted. Photographs were submitted into evidence by both sides which 9� �s�� The Honorable Gary Strathman June 17, 1998 3 clearly showed the condition of the siding and no cracking or peeling paint was noted. This is not a health hazard, this is casmetic. The property owner testified he had great difficulty locating e�erior siding that would match the existing siding but had now done so and was in the process of having the same installed. With regard ta the other items, the property owner testified that items 2 throuqh 11 were complete. As to item 12, a smoke detector affidavit was already on file with the City as acknowledged by its own letter of April 10, 1997. A new affidavit would be submitted as requested. With regard to item 13, the property owner submitted the opinion of its architect (a copy of which is attached) as to a solution of the problem as well as a photograph of completion. It apgears in your decision you have disregarded the professional opinion of the property owner's architect in this matter. With regard to item 14, the City submitted a photograph of the back steps that had been installed. The property owners hereby appeal your decision to sustain the Notice of Condemnation and Order to Vacate. This Order is unreasonable, arbitrary and capricious and not warranted by the evidence. A formal request is hereby made for an opportunity to present evidence before the City Council regarding this matter in order to completely protect the property owner's legal rights and their right to appeal this matter to the district courts if necessary. Very truly urs, . `'��'2 7 ` �i�� Richard . Gabriel RJG : 1r�vso3oa7sm�.LTn Enclosures cc: Pat Fish Michael McCarty Peter McCarty DEPAftTMENT pg �7� AND SAEE['y SER VICES ��~�` � 7frr�ochy K. Fy[in, Firt Chfef �, :�� A0A11 CITY pF SAINT pAUL Norm Coleman, Mayor APRIL 30. I997 PETER/I$ICgAFT, MCCARTY 1102 GRAND pVE SAINT PAUL MN 55105 �: Cerrificare of pccupancy 339 MARIA AVE No. of Uniu: 4 Dear ProPertt' Bepreseatative: Your Duilding waz inspectcd on FEBRUARY 20, 1997, fnr the renewsi of the Certificaze of Occupaacy. The requcstW fee and Smoke Dctxtor AfHdavit have 6ten received and yow building appeary to be fn fu11 compliaace witn the applicahle provic9ons of the Saint Paul Legisiative Code. A CertiPuate of Occupatu.y has been isaued unti! OCTOHER 3, 2998. You should be corsm�ended for your atteativeness and intereat ia gruvidln$ a safe and well ���� proP�Y. "I7�ank yon for helpiag mat�t the City af Saint Paul a most ti�able ciry. Siacerely, ��� �� PAT FISH Inspector CORS-1 DNISION pg �gg pgg�� Stevert Zaccnrd, Ffre Mursha! 1110 E4tt Eievrath Sirett Teteplrvne: 612.228fi23p SaintPaul,MN53101 Facrimik:6l2-218-d24i �; sw�ur P�UL � 11AAA CITY OF SAINT PAUL Norm Caleman, Maror DECENIBER 9, 1997 PETER/MICHAEL MCCARTY 1102 GRAND AVE SAINP PAUL MN 55105 RE: REFERRAL 359 MARIA AVE No. of Units: 4 Deat Property Representative: DEPAR'TMENT OF FIRE AND SAFETY SERVICES Timothy K. Fu!ler, Fire Chief Q �Q S� DI V ISION OF FIRE PRE VENTION Steven Zacrard, Fi>e Ma�shal 100 Easr Eteventh Sveet Telephor+e: 612-228-6230 Saint Paul, MN 55101 Facsimile: 612-228-6241 An inspection was made of your property on DECEMBER 8, 1957, in rasponse to a referral. You are hereby notified that the attached Correctious List must be corrected immediately. A reinspection will be made after DECEMSER 19, 1947 or as otheruise notecl. Failure to comply may result in a citation or revocation of the Certificate of Occupancy. The Saint Paui L.egisiative Code requires the maintenance of a Certificate of Occupancy. The Saint Paul Legislative Code also provides for the assessment of a$50 fee for each inspection beyond the first reinspection. If you considez any of these code requireme¢ts to be unreasonable, you may aQpeal to the I,egislative Aearing Officer, within 1Q davs of the date of the original orders. Applications for appeais may be obtained at the City Clerks Office, 170 City Hall (266-8989). If you have any questions, please contact me at 228-6Z05 between 7:30 a.m. and 9:W a.m. Cocrections requiring construction, electricat, plumbing, heating, sprinkler or gas psping work must be done under permit and with the approval of the Building jnspection and Design Division, 350 St. Petet Street, Suite 310, Saint Paul, Minnesota 55102, (26b-9090). We would appreciate your cooperatioa in our efforts to make Saint Panl a safer city in w3uch to live and work. Sincerely, ��-��- �.. � : �•_ • A��►�n�cs� co�s-s � �� .� DEFICIENCY/CORRECTTON LIST 23495510930 AECEMBER 4, 1997 PAGE 2` RE:� 359 MARIA AVE THERE ARE DISCARDEB MATTStESSES AND A PILE OF BRL3SH IN THE REAR OF THE BUILDING. THERE AR£ REPEATED TRASH AND GARBAGE YIOLATIONS ON TFiIS PROPERTY. PROVIDE SUFFICIENT TRASH PICK UP FOR TENANTS. 34.08. 2. THE BACK STAIRS TO THIS BLTILDING ARE DETERIORATING. THE STAIR TREADS ARE LQOSE rJR. MISSING. REBUILn STAIRS TO CODE. 34.10. 3. THE LATCH TO THE BASEMENT HAS COLLAPSED AND IS DANGEROUS. REPAIR TO COD£. 34.12. �� s�� DFPARTMENT OF FtRE AND SAFETY SERVICES TTmorhy K. FutFef, Fire Chi¢ D3VISI6H OF f�[RE PRSV&NT10N Sttven7accard, Flrt Marsha! CITY O� S.4II3T PAUI, �� £ast Etevenrh Sneet Tettphone: 612-2.8-d23p Norm CoFeman, .4fayar Saint Paul, MH S.f701 Facs±mite: 612-32&-624! FEBRUARY 18, 1998 PETERrhiiCHAEL MCC1�tTY 2102 GRAND AV$ SAINT PAUL MN Si1Q5 ��: Certificate of Q►ccupancy Revocation 359 MARIA AVE No. of Uaits; 4 Dear Prupetty Representntire: Your buiiding was inapected aa FEBRt7ARY 11, 1998, for the cenewal of the Certifirate of OccuPan�Y• ins.smuch as you hava faited to camply with che applicabie requirements in a reasonahle aumunc of iim�e wislsout appesl, it has become necesssry to revoke the Cert�cate of 4ccupancy for the above-captioned location in accordance wiffi Section 33.05 of the Saint Paui I.egislative Code. THIS LETTER SERVES AS OFFTCtAL NOTICE QP REVOCATION. Saxioa 33.Q5, Subdirision 5 of the Saint pau3 Legislative Cnde funher provides that no building she114e occupied without a Cenificau of pccupaacy. Failure to vacate the building ar camply with the attached Corrections Llst by FEERUARY 27, I948, may result in fl crtminaf citation. Coneecious requiring construcdoa, elettrieat, plumbing, heating, sprinkler or gas piping work must 6e dane under germit and with the apptova3 of the Suilding Insgection and Dcaign t)ivision, 35Q St, Peter Strset, Suita 310, Sa1at Paul, Minnesota 55102 (266-904Q). If you have any ques[ions, you maY �ntact me az 228-6Z05. Sivicerely, ��� PAT PISH Inspeccor CORS-6 ��s, 9`�-52 $ OEFIC)ENCY/C6RRECTjpy LSSi 7�� fE6RltARY 78, 7998 PAGE 2 RE: 354 twtu A+tE 7. TNERE IS CARBAGE OVERfL0Y1NG OUNPSTER All!} 7Rl.Stl IH YARC. 34.08. Z. F[RE E%TINGUISNERS NEEO SERVICIHG AIiD BREAKER 9ARS. NUfCt0.54L. 3. FROIiT OOOR IS BRdffN AND NEII(1VEp iRq{ OPEAING. 34.�9. L. TNE SMOKE DETECT�R lN UNtT S 0!C NOi dAYE BATTERY ONE VAS INSTALLED WRSNG (NSP£CS70N. 299f.362. 5. 1NStALL UNST NiTffiERS ON AGARTMENT DOCRS. 71.01. > ` CITY OF SAINT PAUL Norm Cottmaq Mayar APRII, 1� 1998 �TE��CHAEL :lSCCARTr P.O. HOIL 16Z56 SA1riT PAUL 11�i 7 55116 98:5z� DEPARTMEI'iT OF FIRE AND SAFE'17 SERVICES Timathy K Fulkr, F've Chief DLY[SION OF FlRx pgEV�+N770N Steven Zaccard, Fi�c Marrhd lODEasrElevenrhStree[ Telephane:672-2I8-6230 Salnt Paul, MN SS101 Facsimik: 672-22g-6241 RE: CERTIFICATE pF OCCCPAtJCY WI'I'H CORRECTIONS 359 MARIA AVE N�. of Units: A Dear property Represemadve: On �RCH 23, 1998, a Certifecate af Occupancy inspc�etion �yaq made of your building at the above-propetty tocation. Approvsi for occupancy will be granced npon comQletian of the attached Corseccions Lisc. The items on the lisc nnist be corrected 'unmediately, A reinspeciion wilI be made aftcr 1NAY 2 1998, or as othcnvise noted. Faiiure to do so may result in a citation or th� revocatian of the Certificate of Occupancy. 'thc Saint Paul I,egiylazive Code requires the maintenance of a Certifieaze of Occupaacy. The Saint Paul I.egistative Code atso provides fo� the assesemen[ of zeinspectipn peee equ.y to anahatf of tha cecti�icau fee fot each inspeccion beyond the fitst reinspeccion. YpU WII,L HE RESPt)NSIBLE FOR NQTTF'YTiVG 'I'ENp�N1'g t(r [�Vy OF T'FiE A1TAC�D LIST CJF DEFTGTENCIES ARE 'I'HEIR AESPON5IEII,ITY. For iqquiries about orders or reques4s for altetna[ive tnahods of compliance, call me at 228-6205 bccween 7:3D a.m. - 9:QQ a.m. If you consider these code requiremeuu to be unreasonabte, you �Y aPP� ��e Legislative Aeazissg OfFicer. Appfications for appeais u�ay pe obcained at the Ciry CIerks Office, 170 City Ha11 (266-8989} wi�hin 10 dava of the date of the ori¢insl rnders. Cornetions requiriag conscruction, electricai, plusnbin�; heating, spriak]er or gas piping work must be doue under permit and wirh rhe spprovat of the Building Inspectian and Besign Division, 350 St. Peter SuYet. Suite 310, Sainc P�i, Minnesaa 55102, {265_9pg0}. Plesse help to make Ssint Paui a szfer piace in w0ich to live and work. SincerelY, �� ��i �a�r �rsa, ��az Attachment(s} Cors-3 �7 i . . � DSFSCIF�TCY/CORR�CTICN LIST 1I686 APRIL Z, 1998 �AGE 2 RE: 3S9 MARIA AVE 1. PATNT EXTBRIOR INCLITilING ^RIM. FINISH SOUT_HWEST AIJD NORTH WEST EXTERIOR WI`TH SIDINC- AND ?'R,ZM. 3a.09 (ll {b,c) . EXTERSOR WALLSfPAINT, 2. REPAIR STEPS IN EAST ENTRYWAY. FRONT PROCFi PILI,p,RS/SUPPORTS NEED REBUILDING. 34.09(2){A?. 3. REPAIR REAR EXTERIOR LIGHT. 34.08(9}. 4. PRqVIDE SUFFICIEI3T GARBAGE CONTAINSRS AND TRASH PICI?UP, 34.11(&1. 5. POST COFO AND NEW OWNERSHIP INFORMATION. 33,OS(4], 6. REPAIR HOLES SN BEDROOM AND anrLWAY WALLS WHERE INCEN5E STICKS POKED HOLES. REPAIR HOLE AROt7ND CABLE WIRES IN BEDROOM #4, REPLACE CARP$T IN FRONT STAIR WELL 34.20(7? 7. PROVIbE KH-1 TEST ON 4 SOILER5. 34.11(6?. �� szg APRIL 2, 1998 PAt3E 3 �: 359 MARIA AVE DEFICIE2�7CY/CQRRcCTION LZST 11646 S. COVE^a OPEN JLJNCTZON BOX IN BASEMENT. 34.14(2). 9. RENSOVE 7�P,A*D7NrOWER fiROM BASEM�NT. 34,15{A). 10• ADJUST DOOR CLOSER #2, #4. MII�'C APP 1A' (2) (C) . 11. REPAIR CLOSET FOORS #4. HALLWAYSJSTAIRS NEED PAINTING AND CLEANUP, REPAIR CEFLING UN2T '�1. PA2NT UNIT #1. RSPAIR BROKEN MIRROR IN BATHROOM OF UNIT #2. CLEAN C_ARPET IN UNIT #2 A1VD #1. UNIT #1 NEED PAINTIIIG, CLF.ANING. REPAIR BATHROOM DOOR #4. 34.10(7). 12e REPAIR VANTTY DOOR BATHk00M #�1. FIX LEAK UNpER BATHR�QM SINK #1. 34.11{1). 13. REPAZR BATHROOM FLOOR #{4. 34.10(�). - 14. FROVIDE Si�IOKE DETECTOR AFFIUAVIT. 39.02{C}. E �8 s2� DEPARTMEN'T OF FiRB AND SAFETY SERVICES Timothy K Fufler, Ffre Chie( DIVISION OFfIFtE PREVENTIDN St�vea Zaccard, Firt Marsha( 100 East Eleventh Sr�eet Te/epbone: 612-ZZB-6230 CI'TY OF SAINT PALJL SaFnt Paut, MN 55101 Focslmite: 612-2Z8-62a! Norm Coietnon, Mayar APRII, 9, J.998 PE�R/14fICIiAEL MCCARTY P.O. BO% 16256 SAIIVT PAUJ.. hiN 53116 RE: CER'PLFTCATE OF pCCLrnANCY WITH COR1tECTIONS 359 MARIA AVE No. of i7nizs: 4 Deat Property Represen[ative: On MARCEi 25, 1996, a Certifica[e of Occupancy inspection was made of your building at the abov�property location. Approval far occupancy wil3 bc granted upon compJetion of the accached Coaecaons Lis[. Tne imms an the lisc musc he corrected immediateiy. A xcinspeceion wiil be made after MAY 2 1998, or as otheswise noeed. Failute to do so mav resule in a ci�at;on or the revocazSon of rhe CeniFicate of Oceupancy, The L'aint I`avl LaSiolmn o vOOQ [PqY1F9P iFir rtI'^�^'�^^^^. �f + �'a.'ifira�n nf (imnranrY Thn Ceinr Paui Legistarive Code also provides for the assessmrnt of reinspectinn fees equal t� one-half of the certi5eate fee ioi each igspection beyond ihe firsi reinspection. XOil W1LT. BE RE,SPON5IBLE FOR NOT`IFYING TENANTS 7k' ANY OF 'i'I3E ATTACF�ED LIST OF DEFICIENCLES AItE TfIEIR RE6PONSLSILI'�'1'. For inQuiriu abouc orders or reques[s fot al[emacive methods of compIianee, ea(! me ac 228.6Z65 between 730 a.m. - 9:dQ a.m. If you consider these cpde requixements to be unreasonable, you may appea! to the Legislative Hearing Officer. App�icatious for agpeals may be obtained at the Ciry Clerks Ofiice. F70 Giy Ha]} (2bb-gggg) within 16 davs of the dace of the ari�"nal order<. Corrections tequiring conscrucaon, electricat, piumbing, heacing, 3prinkler or gas piping wotk must be done under permit snd witih fh= appro:•a', e; the Building In;pettion and Design Dtvision. 350 St. Peter Street, Suize 310. Saint Paut, Minnesota 55102, (266.9p9p), Please helg co meke Saint Paul a safer piacs ia which ca live sad work. Sinctrety, ��2{. ��� 1'AT FF3�, Inspecto[ . Actachment(s) Cass-3 98 sz�' DEFIC�ENCY/CORRECTION LIST 11646 APRIL 9, 1996 PAGE 2 r2E: 359 MA�IA AVE 1. ?AZNT EXTERIQR INCLiJD�NG TRIM. rINZSH SOUTHWEST AND NORTH WEST EXfiERZOR WIT?i SIDTNG AND TRIM. 34.09(li(b,c). 2. kEPAIR STEPS IN EAST ENTRYWAY. FRONT PROCH PILLARS/SUPPORTS NEED REBUI LD 2 T7G , 34. 09 (2 ) (A) . 3. REPAIR REAR EXTERIOR LIGHT. 34.G8(9). 4. PROVIDE SUPFICIENT GARHAGE CONTAINERS AND TRASH PICKUP, 34.11(8). 5. POST COFD AND NEW OWNERSHIP INFORMATION. 33.05t4). 6. 12EPAZR HOLES IN HEDROOM At3D HALLWAY WALLS ➢iHERE ZNCEIVSE STICKS PO2(ED Si�LES . REPAIA. HOLE AR4LTND CABLE WIRES II3 BEDROOi+f #4. REPLACE CARPET IN ERONT STAIR WELL 34.10{7}, 7. PROVIDE RH-1 TEST qN 4 BOILERS. 34.11(6}. �8-sZ� DEFICSENCY/CORRECTION LZST 11646 APRIL 9, 1598 PAGE 3 RE: 359 MARIA AVE $. COVER OFEN JUNCTION BOX IN BASEMENT. 34.14(2). 9. REMOVE LAWNMOWER FROM SASEMENT. 34.15(A). 10_ ADJTJST DOQR CLDSER #2, #4. MUFC APP lA-(2)(c). 11. REPAIR CLOSET DOORS #4. HALLYJAYS/STATRS NEED PAINTING AND CI,EANUP , REPAIR CEILING UNIT #1. PAINT UNTT #1. REPAIR BROKEN MIRROR IN $A2'f�IROOM OF UNIT #2, CLEAN CARPET IN UNIT #2 ANll #1. UNIT #1 NEED PAINTING, CLEANING, REFASR BAT2-IKppM DOOFt #4. 34.i0(7}. 12. ftEPAIR VANITY DOOR BATHROOM #1, FIX LEAK UNDER BATHROOM SINK #1. 34.11(1}, 13. REPAIR SATHROOM FLL?OR #4. 34.10(4). 4. PROVTDE SMOKE DETECTOR AFFIDAVIT. 39.02 tc) . 0 %8 ��� DEFICIENCY/COARECTId?T LIST 11646 APRIL 9, 195$ PAGE 4 RE: 359 MARIA AVE 15. PROPERLY SUPPORT THE LOAD BEARTNG COLUMNS ON THE FRONT PORCH - EACH COLtIl�1DI CARRIES HA2�F OF TA� ROOF LOAD - TfiE EXISTING FOOTINGS/ SVPFORTS F.AVE SETTLED CAUSING STRUCTURAL 2NSTAHILITY. 34.09(A). 16. REBUILD TO CODE THE STEPS ON THE REAR OF TFi$ 8U2LDINC3 (CEIJTER STAIRCASE), A 36 X 36 INCH LADTUING IS REQUIRED AND TAE STEPS SHALL BE rONSTRt7CTED WITH A 9 II3CH RUY3 AND A 8 INCH MAXIMUM RISE AND A 36 INCH MINIMUM WIDTH, IF MORE THAL�T 30 INCHES ABOVE GRADE A GUARDRASL SHALL SE PROVIDED WITH A 4 INCH MAXIMUM SPACZNG OF THE INTERMEDIATES. IF MORE THAN THREE STEPS, A GRIPPABLE HANDRAIL 34 TO 38 iNCHES SHALL BE PROVSlJFp. 34.09 (2) (C) . 18 5:�8' DEPARTMENT OF FS[tE AND SAFEtY 5ER VICES Timothy K. Futtrr, Ftrr Chief DI VIS10N 6F FiRE PREYEi�T['[ON Steven 7acc¢rd. Fire Marshal 100EartEtevenrhSvser retephone:6[:•228-6230 CITY OF SAINT PAUL SaintPafd,MN33101 Facsimil<: 6t2-228-6241 Norae �'aieMars, ASayor MaY z4, t49a PETERlMiCHAEL MCCARTY P.O. HOX 1b256 SAtNT P.4UL MN 35116 RE: Notice of Condemnat3on and Order to Vacate 359 MARiA AVE Na, ot [7nas: d Dear Proprny Rtpresentative: Tnz Division of Fire Pr�vvrnGon of tho City of Saint Paul, Mianesau, has found the ptemises at the abnve pmpe:ty locadan to be uasa#e, unfit f��r human habitarion, a public nuisance, a hazard co che publio welfaic or othrnvise dangemvs ro human lito. A Condemnazion Placazd has been post� an the premises. Tha attached Carrectian List shall he carreeted 2mtnedlatety as the premdse vaeated by JC7LVE 30 1998. CONDEMNATION �P TtiE EiVTIRE BUILDING REVOKES ANY CEItTIFICATE OF OCC�SPANCY THAT MAY EXIST ON THE BUILDIiVG. Any correccions �equiring consaucctan, elec�ricai, ptumbiag, gas piping, heacing or sprinkler work, must be performed under permit and u�irh the appraval of the Buiiding Inspection anxi Duign Divisian, 350 St, Peter Streec, Suite 310. Saint Paut, Minnesota 55i02. {256-9490). If you consider rhis condemnation unreasanahle you may appeai co [he Legistative Hearing Q�cer. Applications for appeals maq be obtained ac Room i"I9 Ci[y Haii (266-8989). Ao�als must be filed in the Cirv Clerks Office within 7� davs of the date of the nrieinal arders TLese premises shali not be used or inha6ited unni the a�tsched "Cnrrection Lis�" is compteted and a Ceztificaze of Oxupsacy has been issued by the Depazvs�ent af Firt and $afety Services, Division of Pire Prcvention, Ciry oF Saint Paul. Siacerely, �u �� YAT F[5 Inspector cc: Hausing Info�ion Officc via fax Fotce Unit Enclosutes CORS-7 9�3n 9� �� g DEFICIEISCYJCOF2RECT2GN LIST 11646 MAY 29, 1998 PAGE 2 RE: 359 MARIA AVE 1. PAINT EXT�RIOR INCLUDING T_TtIM. FINISfi 3QUTHWEST A.�ID *70RTH WSST EXTERIOR WIT$ STDING AND TRIM. 34.OS{1)tb,c?. 2. REPAIR STEPS IN EAST ENTRYWAY. FRONT PRQCH PILLARSfSUPPflRTS NEED REBUILDI23G. 34.09 (2) (A) . 3. REPAIR REAR EXTERIOR LIGFF2. 34.08(93. 4. PROVIDE Si3FFICIENT GARSAGE CQNTAINERS AND TRASH PZCKUP. 34.11(8}. 5. POST COFO ADIU NEW ONTNERSHIP INFORMATION. 33.�5(4J. 6. REPAZR HOLES IN HEi7RO0M IN #3. REFAIR HOLE AROIIDID CABLE W2RES IN HEDROOM #3. 3e.zo(73- 7. PROVZDE RIi-1 TEST ON 4 BOILERS. 34�11(5}. 9� s2 � DEF2CIENCYfCORRECTIGN LIST MAY 29, 1998 PAGE 3 AE: 359 MARIA AvE 8. AD3UST DOOR CLQSER tt2, #g, MUFC APP lA-t2)tc). 4. REPAIR CI,OSBT DOORS #4. HALLWAYSJSTAIRS I3EED PAINTINC3 ANI7 CLEANIIP . REPAIR CEILING t3NIT #l. PAINT CIUTIT #1. REPAIR BROKEN M2RROR SN BATHROOM OF UNIT #2. CLEAN CARPET IN tJNST #2 AND #1. IJ23IT #1 NEED PAINTI2+TG, CLEANING. REPAIR 8A'PEiR00M DOOR #4. 34.10(7), 1Q, REPAIR VANITY DOOR BATHROOM #1. FSX LEAK UNDER SATHROOM SINK #1. 34.11(1). li. REPAII2 SATHROOM FLOOR #4. 34.10(4). 12. PROVIDE SMOFCE DETECTDR AFFZDAVIR, 39.02{C). 13. PROPERLY SUPPORT THE LOAA $EARING COLtJhir7S ON THE FRONT PORCH - EACf3 COLUMf7 CARRIES HAI.F pF 2HE ROQF LOAD - THE EXISTING FOOTINGS( SUPPORTS TiAVE SETTL^aD CnUaIh^v STRUCTURAL INSTABILITY. 34.09(A?. 11646 9� �5� � DEFICIENCYjCORRECTIGN L,IST 11546 MAY 29, 1998 PAGE 4 RE: 359 MARIA FLVE 14. REBUILD TO CODE THE STEPS ON THE REA.�2 OF TH£ BVILDING (CENTER STAIRCASE), A 36 X 36 INCH LANDING IS AEQUiRzD AND THE STEPS SHALL BE COIJS'!'RUCTED WITH A 9 IATCH RUN AND A 8 I23CH MAXZMUM RISE AND A 36 INCH MINIMUM WIDTFi, IF MORE THAN 30 INCHES ABOVE GRADE A GUARDRAIL $FiA2,L SE PROVIDED WITA A 4 INCFi hIAXIMUM SPACING OF TFi$ INTERMEDIATES. IF MQRE THAN THREE STEFS, A GRIPPABLE E3ANDRAIL 34 TO 38 INCHES SHAI,L HE PROVIDED. 34.09(27(C). �� I Jrma lo, 1998 Petet/Mic}� McCarty Pd$ox 3b25b St p�, � SS 1I b and SmaTt Archit.ects Via fa+c b9S - 973I Re: 3S9 M�� Avatt�, 5tPau1 PYnnk pOl'cL Uefd' $)75: �tr�'.5� $ I inegected the above ffont porch �d racommta�d t6at the cxYi�ns supporting the porch roof bc rePleca! wish b" x 6"posts. 71use poscs shoukt be Pusitionat plumb fram the emerior comera ofthe pcxcb roof rnNO the existing biick piers. 'F hc cxishng brick piete, althaugh notpiumb, aPPesr to hsve settted maaY Yee*s a8o, aud sa I do not sae the nesd t reptace ih�a for sbnyshual reasons. Should you heve atry c�ta�ons piase cail tne directly at 943-3605. Sinceroly ' ` • F��,�„� ..---�°�" Michael En � • Council File # 9 'S� p A rncr��� —�� 3.� � q8' Green Sheet # 60794 � tt � t71 ���,. RESOLUTION `�� r _,, , CITY OF SAINT PAUL, MINNESOTA Presented Refeired To Coaunittee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the June 16, 1998 2 decision of the I,egislarive Hearing Officer: 3 Propertv Ap en aled 4 359 Maria Avenue 5 Decision: Appeal denied. Ap epp llant Peter McCarty and Michael McCarty 6 1494 Rose Avenue East Heuky and Maysong Chu-Yang-Heu 7 Aecision: Vaziance granted on condition that when the windows are replaced, they are to be replaced with 8 confomung windows. 9 960 Juno Avenue 10 Decision: Appeal denied. ��0�� cvev� --�,a 0.., C�.�.bi: �. %4ea � �.1 �'...\� \ ` \Y�g' � �i 2 3 4 5 � Yeas Na s Absent Blakey +� colemaa +/ xarris ,/ Benanav ✓ Reiter �� Bostrom �/ Lantry i / �o O Adopted by Council: Date �� T ��l� 8' Adoption C�tified by Council S e ary By: `�� \ � , ��.Ki _ � T Approved by Mayor: ��Z�� Ronald Staeheli Requested by Depaztment of: � Farm Approved by City Artomey � Apptoved by Mayor foc Submission to CouncIl � � City Council Gerry Strathman, 2b6-8575 June 24, 1998 6/17l98 TOTAL # OF SIGNATURE PAGES GREEN SHEET oa.�ns�m�r w�Ferai �8 3��' No 60790 Mrerioae. uireowca ❑ q1YAifOqE'/ ❑ Gi'Iq.iRlf ❑ wuwcw.a�nuicrsow. ❑ wuwcw.mnn�ccro ❑ 410R(OR/�f9RAlII� ❑ {CUP ALL LOCATIONS FOR SIGNATURE) Approving the 6-16-98 decision of the Legislative Hearing Officer on Property Code Enforcemnt Appeals for the following addresses: 359 Maria Avenue, 1494 Rose Avenue East, 960 Juno Avenue. PLP.NPlING COMMISS{OPJ CIB COMMITiEE CIVIL SERVICE COMMISSION Fias mic O�sonlBm, r+er wnrkea uoae. a conlraa ra thie depanmenn rtis wo ties mis c�soMrtn evei 6een a oiH emabYee'1 YES NO Dces this personfirm P� a sluil nd namaMP� bY anY curreM city empbyee'7 YES NO I¢ ttNS P�eorfirtn a tarpeted vantloR YES NO i7AL M10UN7 OF TRAN3ACTION F NDINQ SOURCE COST/REVENUEBUDCETED(GRCLEON� ACTIVITY NUM86R YES NO WCWL iNFORMA71oN tD�Wt� a g-sZ$ 13 NOTES OF Tf� PROPERTY CODE ENFORCEMENT MEETII�TG June 16, 199& Room 336, City Hall Gerry STrathman, Legisiative Hearing Officer STAFF PRESENT: Pat Fish, F'ue Preven6on; Carrolyn Shepherd, Vacant Buildings Gerry Sirathman called the meeting to order at ic33 p_m. 359 Maria Avenue Peter McCarry, owner, and his attorney Richazd Gabriel, 175 Lafayette, appeared. Richard Gabriel stated his client is appealing the condemnation order because some requests are unreasonable and others are satisfied. It would be an economic hardship on the owners to lose the tenants and a hardship on the residents to be evicted. This is a fourplex and each family has minor children. Pat Fish reported that this properiy has a long history going back severai yeazs. Ms. Fish went back in the file to August 1997. Ms. F'ish received complaints on August 14, 19, and 29. There were two tenant compiaints on October 27 and November 20. A reinspection was done in November. Ms. Fish went out again in February. The complaints range from violations of exterior conditions such as gazbage and irash, condition of the back porch, access doors to the basement. There were condirions cited in the units that were not taken care of after several reinspections. In February, Ms. Fish revoked the certificate of occupancy on the building because of the conditions there. In March, she did a certificate of occupancy inspection and gave the owners until May 2 to get the conditions corrected. Ms. �sh did a reinspecdon in May. Very little if any progress was made. She went back yesterday and took pictures. In the appeal, the owner says the porch did not nezd straightening. Ms. Fish had a certified building inspector looked aY the porch, and the inspector's conditions were added to the certificate of occupancy list. The building was condemned based on the fact that the management has not been kept up in accordance with the Saint Paul Property Maintenance Code. (Ms. Fish showed photographs to Gerry Strathman and Richard Gabriel.) Gerry Strathman asked for clarification on the certificate of occupancy. Pat Fish responded it was revoked in February 1998 and it has not been reinstated. The next step would be condemnation because the letter of revocation said the building had to be vacated or the rep�irs made. Father James Notebaart, Archdiocese of Saint Paul and Minneapolis at 3045 Pazk Avenue, Minneapolis, owns 667 Fifth Street East, which abuts the property at 359 Maria. Father Notebaart stated he would like to speak on three issues: health, safety, and historic preservauon. 1) Aealth - Father Notebaart has kept a photographic record of the trash problem at 359 Maria. He showed these photographs to Michael McCarty. When asked for a response, Mr. McCas2y shrugged his shouldets and walked away. Also, scavengers come into the yard. 2) Safety - The celiar entrance is left open sometimes which could be a danger to children. Father Notebaart stated he has a police list of 220 calls to the building. He has seen a number of drug deals take place behind the r ��s S"2� NO'I`ES OF THE PROPERTY CODE ENFORCEMENT MEETING, 6-16-48 Page 2 residence. The owners have never responded to any letter from Father Notebaart. 3) Historic preservation district - The windows have been changed without the Historic Preserva6on Commission's permission. (Father Notebaart submitted the police calls list and the photographs to Gerry Strathman.) 7uliet Smebakken, 657 Fifth Street East, appeazed and stated she and her husband Brian have lived on the same block as 1171 Minnehaha for 15 years. Ms. Smebakken fully supports what Pat Fish and Father Notebaart have said about the property. She is afraid to have her child walk in front of the building. She has seen some of the crime. Dayton's Bluff is slowiy becoming safe, however this property has not changed. Ms. Smebakken does not believe the owner cares where the tenants go. Her home is a possibiliry. Cliff Carey, 635 Bates, appeared and stated he lives about five blocks away. He has been aware of this property for about four yeazs. The number of police caiis has not changed. Mr. Carey has had no luck convincing people to buy property on this block because of this type of acrivity. Mr. Carey asked Gerry Strathman to support this condemnation. Karen Dupaul, Crime Prevention Person for Dayton's Bluff I7istrict 4 Community Councii, 281 Matia, appeared and stated it is important to have safe living condirions for the tenants there and an adequate playing azea for children. Landlords are very important to the neighborhood, but they need to be responsible. Richard Gabriel stated the only issue here is the appropriateness of the condemnation. However, these other issues have been raised and they feel compelled to respond. Peter McCarty stated a printout of the 1998 police calls shows there has oniy been about six police calls from Januazy 1, 1998 to May 29. He acknowledges there have been a lot of calls in the past. (This printout was shown to Gerry Strathman J Richard Gabriel stated if the City wants to remove a property, there is a process for that. His ciients feels that low income people should have a place to live also and this place gives them that opportunity. A certificate of occupancy was granted on April 10, 1997 and expired on October 3, 1998. The closing paragraph says the following: "To the owners, you should be commended for your attentativeness and interest in providing a safe and well maintained property. Thank you for helping making the Ciry of Saint Paul a most liveable City." {This was shown to Gerry Strathman.) Pat Fish responded that is a computer generated letter and a standard statement when a certificate of occupancy is issued. The certificate was revoked on February 2 and not reissued. Richard Gabriel stated the letter from the City dated February 18 about a certificate of occupancy revocation had five items listed and all have been corrected. Pat Fish later inspected that property and the McCattys were not notified that any of the violations were still outstanding. Peter McCarty stated the letter clearly says that if the owners complied, the certificate of occupancy wouid be reinstated. Gerry Sirathman asked was it assumed that it wouid be automarically reinstated. Mr. McCarty responded that is what the letter said. Ms. Fish reinspected on March 25 for a renewal inspecflon. The above five items were not cited in the cunent certi�icate of occupancy with corrections. � �s-�Z�S NOTES OF T'HE PRQPERTY CODE ENFORCEMENT MEETIlVG, 6-16-98 Page 3 Pat Fish stated on February 18, 1998, the certificate of occupancy revocafion letter cleazly states "this letter serves as official norice of revocafion:' The letter does not state that once complied, the cerGficate of occupancy would be automatically reinstated. In order to reinstate it, Ms. Fish has to do a certificate of occupancy inspection which was done on March 25. On April 2, Ms. Fish sent a letter with the corrections and things that needed to be done. In addition, she was also responding to complaints to specific units, so there was another letter on May 8 sent about a particulaz unit. That has not been conected as far as Ms. Fish knows. Gerry Strathman asked which items on the May 29 conection list were unreasonable. (Item #l: Paint exterior inciuding trim. Finish southwest and northwest exterior with siding and trim.) Peter McCar[y stated it does not need to be painted. Pat Fish responded there is graffiti all over the building and the shakes aze dirry. The gutters look like they will come down. Gerry Strathman stated he did not see ga�ti in the pictures. Ms. Fish responded the photographs showed the doors that were taken out and the siding that was never replaced. The stairs are barred off with wood. There is siding missing. Peter McCarty stated that siding is not available anymore, so it has to be obtained from salvage. He intends to side and paint the building. Mr. Strathman summarized it is unreasonable for the entire building to be painted, bnY not nnteasonable for the siding and trim to be done. Peter McCarty agreed. Mr. Gabriel stated the shoft period of time to accomplish the task is unreasonable. Mr. Strathman asked when these violations were cited. Ms. Fish responded in Mazch and at the end of May. (Item #4: Provide sufficient garbage containers and trash pickup.) Peter McCarty stated he used to have a 2 yazd dumpster there. The apaztment next door also had a 2 yazd dumpster. T`he pictures that Father Notebaart submitted did happen. Mr. McCarty has tallced to Pat Fish about Neil, the next door neighbor, who does not have a big enough dumpster and his tenants dump their trash in the dumpster for 359 Maria. Eazlier this year, Mr. McCariy had 90 gallon carts put on his property. The situation was monitared. Ms. Fish came out and saw that the next door neighbor's dumpster looked like the previous picture of his. There has not been a problem on lus property since_ (Item #2: Repair steps in east entryway. Front porch piilarslsupports need rebuilding.) Richazd Gabriel stated he had an opinion from an architect regazding this same issue which is in conflict with the opinion of the housing inspector. (This was shown to Gerry Strathman.) The 6x6 post have been installed. The piliazs have been repaired per the architecYs suggesrion. (Item #3: Repair reaz exterior light.) Peter McCarty stated the light bulb has been replaced. (Item #5: Post Certificate of Occupancy and new ownership information.) Peter McCarty stated this has been done. (Item #6: Repair holes in bedroom in #3. Repair hole around cabie wires in Bedroom #3.) Peter McCarty stated the broken piasflc cover has been replaced. (Item #7: Provide RH-i test on 4 boilersJ Peter McCarty stated when a licensed heating contractor does the RH-i test, they forwazd the information to the Fire Depazhnent. It was done on 6-8-98. ��s��2�s NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING, 6-16-98 Page 4 (Item #8: Adjust door closer #2, #4 J Peter McCury stated they have been tightened. (Item #t9: Repair closet door #4, hallwaysfstairs need painring and cleanup, repair ceiling Unit #1, paint Unit #1, repair broken minor in bathroom of Unit #}2, ciean carpet in Unit #2 and #1, Unit #1 needs painting and cleaning, repair bathroom door #4.) Peter McCarty stated all is done. (Item 10: Repair vaniry door bathroom #i, fix leak under bathroom sink #l.) Peter McCarty stated the tunge has been replaced and the plumbing has been tightened. (Item i l: Repair bathroom floor #4.) Peter McCarty stated the linoleum has been trimmed. (Item 12: Pmvide smoke detector affidavit.} Peter McCariy stated it has been filled ovt, but he has not mailed it in yet. (Item 13: Properly suppoft the load bearing columns on the front porch - each column carries half of the roof load - the existing foofings/supports have settled causing structural instabiliry.) Peter McCarty stated this is redundant to Item 2. (Item 14: Rebuild to code the steps on the reaz of the building.) Peter McCarty stated the pictures show what was done. Pat Fish statad all these things were done recenfly. Most of the problem is that it takes revocarion or condemnaCion to get work done. Richard Gabriel stated one of the problems is that when Peter McCarty works on one list, he is later told there are other things he needs to work on. Many of the problems are cosme6c in nature and not serious. It has been difficult to get work done because contractors aze working on storm damage projects. Gerry Strathman denied the appeaL Mr. Strathman requested an inspection in the next seven days to check the items that have been said to be corrected. As for the other items, they are sufficient for the basis of condemnation. Mr. Strathman stated he understands that different inspections produce different violations, but some of these buildings are dynamic and changes are needed at one time and not anotber. 1494 Rose Avenue East Heuky Chu-Yang-Aeu, owner, appeared and stated be is appealing Item 10 on the correction list. (Item 10 reads as follows: Provide approvad size unit escape windows or provide variance from appeals board.) Gerry Strathman asked how large is the window. Pat Fish responded these aze siiding metal windows. They aze four inches too narrow. � �S 52.� NOTES OF TT3E PROPERTY CODE ENFORCEMENT MEETING, 6-16-98 Page 5 Gerry Strathman granted the variance on condition ihat when the windows aze replaced, they are to be replaced with confornung windows. 960 Tuno Avenue Ronald 5taeheli, owner, agpeated and stated 96Q Juno was declazed a vacant building and he just purchased the house. He asked Catrolyn Shepherd to show him the file on it. Ms. Shepherd gave him a piece of paper. Mr. Staeheli stated he told Ms. Shepherd that the house was suppose to have multiple housing code violations. Ms. Shepherd told him that her depanment does not need mulriple housing code violations and that they can just go out and find anoCher violation. Mr. 5taeheli stated the previous property owner never received a list of housing code violations, there was never a nofice of appeal, there was never a work order written. Gerry Strathman asked is the building vacant and secure. Ronald 5taeheli responded the building may have been vacant since February 1998, and the doors are locked. Carrolyn Shepherd stated there were multiple violations at the property even though there was only one violation on the correctian order. Any issues not addressed by the complaint inspector are noted by the vacant building inspector before the vacant building file is opened. The former owner paid the vacant building fee and submitted a form saying she vacated the building in the fall because of storm sewer backup which caused structural damage and the foundation had shifted due to ground frost. The former owner expected the building would be raised when the insurance money was received. There was no attempt to verify the damage because the building would be raised or a code compliance inspections would resoive that problem. Ronald Staeheli knew this was a registered vacant building when he purchased the property. Gerry Strathman asked about the one building code violation cited. Carrolyn Shepherd responded only the one had orders. The code does not specify whether it is orders or violaLions. Gerry Strathman stated the issue of contention has to do with the question of whether this is a vacant building as met by the phrase "unoccupied and has multiple housing or building code violation." Mr. Strathman asked is it Ronald Staeheli's view that the violations need to have been cited to the owner, and Canolyn Shepherd's view that they only have to e�st. Ms. Shepherd stated that is conect and standing operating procedure. Mr. Staeheli stated there should be some sort of due process citing what is wrong with the property. tJerry SCtatbman stated he was puzzled why Mr. Ronald Staeheli is claiming it should not be considered a vacant building. Mr. Staeheli stated the person he purchased the house from was the contract holder and the person who paid the fee was a contractee who was seriously in aneazs. Her perception of cazing about his properiy would have been less than the contract holder for sure and less for Mr. Staeheli because he has no intenuon of losing it for a contract for deed. Mr. Staeheli filed the appeal because the city has a considerable amount of power of people and they should have to do things conectly. If they aze going to declare a building vacant, �� �Z�s NOTES OF TfIE PROPERTY CODE ENFORCEMENT MEETING, 6-16-98 Page 6 there should be multiple housing code violatians presented in such a way that the violations can be corrected or appealed. Gerry Suathman asked what Ronald Staeheli's intentions aze with the building. Mr. Staeheli responded he plans to redo the back stairs and paint the house. He has not decided whether he will sell or rent the building. (He showed Mr. Suathman pictures of what he will do with the foundation.) Gerry Strathman stated the ordinance does not say the buiiding has to be cited for multiple violations. They just have to exist. However, everyday faimess says the building owner should be notified of [he violations. Ronald Staeheli stated the City does not lose anything by closing the vacant building 61e. The City can still say the stairs have to be ffxed and cite other violations. Carrolyn Shepherd stated the buiiding needs to be inspected and there needs to be a code compliance. Gerry Strathman stated a code compliance would be required if it a vacant building and not required if it is not a vacant building. Ms. Shepherd stated that is correct. Gerry Strathman asked about possibie structural damage. Ronald Staeheli responded he has every intention of righting the buIlding and doing it under code. Gerry Strathman asked Carrolyn Shepherd wauld there be any circumstances whereby she wouid be willing to move this off the vacant building list. Ms. Shepherd responded she is not so inclined, however it may be advantageous to have a building inspector in the building to determine the exCent of any structural damage. Most buildings that have substantial structuzal problems also have substantial other problems which is why she would prefer a code compliance. Getry Strathman stated he is not finding a ready solution on this one. He does not like it being on the vacant building list without there being multiple citations. On the other hand, it is a fair reading of the ordinance. Gerry Strathman denied the appeal. The actions taken aze a reasonable interpretation of the ordinance. Whether they are the conect or only interpretation is for the courts to decide. Ronald Staeheli stated he would like to see a Ilst of violaYions. Mr. 3trathman asked could an inspection be done at the request of the owner. Catrolyn Shepherd responded normally not, but he can request a code compliance inspection. Mr. Staeheli stated that would cost $100. The meeting was adjourned at 2:55 p.m. 9� S2Sl LAW OFF[CE OF RICHARD J• GABRIEL SUITE 200 175 WEST LAFAYETTE FRONTAGE ROAD SAINT PAUL, MINNESOTA 55107-1487 OF COUSSEL TELEPHONE (612) 222-2931 PARALEGAL; FACSIMILS (612) 2215114 SAMUELR.DALCOGE June 17, 1998 The Honorable Gary Strathman Legislative Hearinq Officer 170 City Hall St. Paul, MN 55102 RE: 359 Maria Our File No: 98-090X Dear Judge Strathman: IYYNEM.BERG on June 16, 1998, a hearing was held regarding the property owner's appeal of the Notice of Condemnation and Order to Vaaate the property commonly known as 359 Maria Avenue, St. Paul, Minnesota. At the conclusion of the hearing, you stated you would recommend that the May 29, 1998, Notice of Condemnation and order to Vacate would be upheld. This lettar is to serve as formal notice of Michael McCarty and Peter McCarty's appeal of that decision. On April 10, 1997, the City of St. Paul issued a Certificate of Occupancy for the property. I am enclosing a copy of that letter which clearly states that the property is in full compliance with the applicable provisions of the St. Paul Legislative Code. In the fall of 1997, Pat Fish of the Dapartment of Fire & Safety Services cited the property for three deficiency items. I am enclosing a copy of her letter of December 9, 1997. Those items included the need to repair the back stairs (since completed); repair of the latch to the basement (repair completed); and, problems with the trash. From the testimony at the hearing, it was clearly established that the trash problem resulted from the neighboring 20 unit apartment building having inadequate trash containers. Its residents routinely took their trash and dumped it in Mr. McCarty's receptaale aausing an overflow. Mr. McCarty has now moved the trash receptacle so it is no longer accessible to the neighbors and the trash problem has subsequently stopped. On February 18, 1998, Pat Fish issued a Certificate of Occupancy Revocation citing five problems, a copy of which is enalosed. All 9�sz8' The Honorable Gary Strathman June 17, 1998 2 of these groblems were immediately resolved. However, Pat Fish failed to reinstate the Certificate of Occupancy at that time. No eltplanation was given at the legislative hearing why Pat Fish failed to reinstate the Certificate of Occupancy even though all five items had been corrected. On April 2, 1998, Pat Fish issued another correction letter and followed the same with a further correction letter on April 9, 1998, copies of which are enclosed. With the exception of the trash problem previously referred to, these letters now contained new items in need of correction. The April 2, 1998, letter contained 13 new items. The April 9, 1998, letter oontained 15 new items. Pat Fish offered no explanation at the hearing why these items were not mentioned in her February 18, 1998, notice or in previous notices. Every time the property owner attempts to comply and fix the problems, a new correction list is created with new problems. These are not matters that simply popped up overnight. It clearly appears that the inspection process is being utilized to farce the complete vacation of this building. It is virtually impossible for the property owner to comply with a moving target. At the hearing several neighbors testified. In sum, their testimony was that they did not like this property, they did not like the lifestyles of the people that live in the property, and they felt their own property values and the property values of city improvements were being depreciated by the fact that this was a property not kept up to their desired economic standards. The neighbars complained of the numerous police calls to the property. The property owner countered with his own list of police calls for the year 1998 which shows six police calls, one of which involved police assisting an ambulance, one of which involved one of the tenants being burglarized (in essence a victim), and one of which involved a previous incident. The other three police calls involved an assault, a landlord neighbor dispute and an "other violation". The issue of police calls to the property was not cited as a reason for condemnation, nar should it have been considered in your determination of this matter. In any event a major improvement has occurred on this issue. At the hearing the property owner addressed the correction list attached to the May 29, 1998, Notice of Condemnation letter issued by Pat Fish, a copy of which is enclosed. Each of the items noted on the correction list was noted as being complete with the exception of item 1- painting and sidinq. The property owner testiPiad in his opinion the property did not need to be painted. Photographs were submitted into evidence by both sides which 9� �s�� The Honorable Gary Strathman June 17, 1998 3 clearly showed the condition of the siding and no cracking or peeling paint was noted. This is not a health hazard, this is casmetic. The property owner testified he had great difficulty locating e�erior siding that would match the existing siding but had now done so and was in the process of having the same installed. With regard ta the other items, the property owner testified that items 2 throuqh 11 were complete. As to item 12, a smoke detector affidavit was already on file with the City as acknowledged by its own letter of April 10, 1997. A new affidavit would be submitted as requested. With regard to item 13, the property owner submitted the opinion of its architect (a copy of which is attached) as to a solution of the problem as well as a photograph of completion. It apgears in your decision you have disregarded the professional opinion of the property owner's architect in this matter. With regard to item 14, the City submitted a photograph of the back steps that had been installed. The property owners hereby appeal your decision to sustain the Notice of Condemnation and Order to Vacate. This Order is unreasonable, arbitrary and capricious and not warranted by the evidence. A formal request is hereby made for an opportunity to present evidence before the City Council regarding this matter in order to completely protect the property owner's legal rights and their right to appeal this matter to the district courts if necessary. Very truly urs, . `'��'2 7 ` �i�� Richard . Gabriel RJG : 1r�vso3oa7sm�.LTn Enclosures cc: Pat Fish Michael McCarty Peter McCarty DEPAftTMENT pg �7� AND SAEE['y SER VICES ��~�` � 7frr�ochy K. Fy[in, Firt Chfef �, :�� A0A11 CITY pF SAINT pAUL Norm Coleman, Mayor APRIL 30. I997 PETER/I$ICgAFT, MCCARTY 1102 GRAND pVE SAINT PAUL MN 55105 �: Cerrificare of pccupancy 339 MARIA AVE No. of Uniu: 4 Dear ProPertt' Bepreseatative: Your Duilding waz inspectcd on FEBRUARY 20, 1997, fnr the renewsi of the Certificaze of Occupaacy. The requcstW fee and Smoke Dctxtor AfHdavit have 6ten received and yow building appeary to be fn fu11 compliaace witn the applicahle provic9ons of the Saint Paul Legisiative Code. A CertiPuate of Occupatu.y has been isaued unti! OCTOHER 3, 2998. You should be corsm�ended for your atteativeness and intereat ia gruvidln$ a safe and well ���� proP�Y. "I7�ank yon for helpiag mat�t the City af Saint Paul a most ti�able ciry. Siacerely, ��� �� PAT FISH Inspector CORS-1 DNISION pg �gg pgg�� Stevert Zaccnrd, Ffre Mursha! 1110 E4tt Eievrath Sirett Teteplrvne: 612.228fi23p SaintPaul,MN53101 Facrimik:6l2-218-d24i �; sw�ur P�UL � 11AAA CITY OF SAINT PAUL Norm Caleman, Maror DECENIBER 9, 1997 PETER/MICHAEL MCCARTY 1102 GRAND AVE SAINP PAUL MN 55105 RE: REFERRAL 359 MARIA AVE No. of Units: 4 Deat Property Representative: DEPAR'TMENT OF FIRE AND SAFETY SERVICES Timothy K. Fu!ler, Fire Chief Q �Q S� DI V ISION OF FIRE PRE VENTION Steven Zacrard, Fi>e Ma�shal 100 Easr Eteventh Sveet Telephor+e: 612-228-6230 Saint Paul, MN 55101 Facsimile: 612-228-6241 An inspection was made of your property on DECEMBER 8, 1957, in rasponse to a referral. You are hereby notified that the attached Correctious List must be corrected immediately. A reinspection will be made after DECEMSER 19, 1947 or as otheruise notecl. Failure to comply may result in a citation or revocation of the Certificate of Occupancy. The Saint Paui L.egisiative Code requires the maintenance of a Certificate of Occupancy. The Saint Paul Legislative Code also provides for the assessment of a$50 fee for each inspection beyond the first reinspection. If you considez any of these code requireme¢ts to be unreasonable, you may aQpeal to the I,egislative Aearing Officer, within 1Q davs of the date of the original orders. Applications for appeais may be obtained at the City Clerks Office, 170 City Hall (266-8989). If you have any questions, please contact me at 228-6Z05 between 7:30 a.m. and 9:W a.m. Cocrections requiring construction, electricat, plumbing, heating, sprinkler or gas psping work must be done under permit and with the approval of the Building jnspection and Design Division, 350 St. Petet Street, Suite 310, Saint Paul, Minnesota 55102, (26b-9090). We would appreciate your cooperatioa in our efforts to make Saint Panl a safer city in w3uch to live and work. Sincerely, ��-��- �.. � : �•_ • A��►�n�cs� co�s-s � �� .� DEFICIENCY/CORRECTTON LIST 23495510930 AECEMBER 4, 1997 PAGE 2` RE:� 359 MARIA AVE THERE ARE DISCARDEB MATTStESSES AND A PILE OF BRL3SH IN THE REAR OF THE BUILDING. THERE AR£ REPEATED TRASH AND GARBAGE YIOLATIONS ON TFiIS PROPERTY. PROVIDE SUFFICIENT TRASH PICK UP FOR TENANTS. 34.08. 2. THE BACK STAIRS TO THIS BLTILDING ARE DETERIORATING. THE STAIR TREADS ARE LQOSE rJR. MISSING. REBUILn STAIRS TO CODE. 34.10. 3. THE LATCH TO THE BASEMENT HAS COLLAPSED AND IS DANGEROUS. REPAIR TO COD£. 34.12. �� s�� DFPARTMENT OF FtRE AND SAFETY SERVICES TTmorhy K. FutFef, Fire Chi¢ D3VISI6H OF f�[RE PRSV&NT10N Sttven7accard, Flrt Marsha! CITY O� S.4II3T PAUI, �� £ast Etevenrh Sneet Tettphone: 612-2.8-d23p Norm CoFeman, .4fayar Saint Paul, MH S.f701 Facs±mite: 612-32&-624! FEBRUARY 18, 1998 PETERrhiiCHAEL MCC1�tTY 2102 GRAND AV$ SAINT PAUL MN Si1Q5 ��: Certificate of Q►ccupancy Revocation 359 MARIA AVE No. of Uaits; 4 Dear Prupetty Representntire: Your buiiding was inapected aa FEBRt7ARY 11, 1998, for the cenewal of the Certifirate of OccuPan�Y• ins.smuch as you hava faited to camply with che applicabie requirements in a reasonahle aumunc of iim�e wislsout appesl, it has become necesssry to revoke the Cert�cate of 4ccupancy for the above-captioned location in accordance wiffi Section 33.05 of the Saint Paui I.egislative Code. THIS LETTER SERVES AS OFFTCtAL NOTICE QP REVOCATION. Saxioa 33.Q5, Subdirision 5 of the Saint pau3 Legislative Cnde funher provides that no building she114e occupied without a Cenificau of pccupaacy. Failure to vacate the building ar camply with the attached Corrections Llst by FEERUARY 27, I948, may result in fl crtminaf citation. Coneecious requiring construcdoa, elettrieat, plumbing, heating, sprinkler or gas piping work must 6e dane under germit and with the apptova3 of the Suilding Insgection and Dcaign t)ivision, 35Q St, Peter Strset, Suita 310, Sa1at Paul, Minnesota 55102 (266-904Q). If you have any ques[ions, you maY �ntact me az 228-6Z05. Sivicerely, ��� PAT PISH Inspeccor CORS-6 ��s, 9`�-52 $ OEFIC)ENCY/C6RRECTjpy LSSi 7�� fE6RltARY 78, 7998 PAGE 2 RE: 354 twtu A+tE 7. TNERE IS CARBAGE OVERfL0Y1NG OUNPSTER All!} 7Rl.Stl IH YARC. 34.08. Z. F[RE E%TINGUISNERS NEEO SERVICIHG AIiD BREAKER 9ARS. NUfCt0.54L. 3. FROIiT OOOR IS BRdffN AND NEII(1VEp iRq{ OPEAING. 34.�9. L. TNE SMOKE DETECT�R lN UNtT S 0!C NOi dAYE BATTERY ONE VAS INSTALLED WRSNG (NSP£CS70N. 299f.362. 5. 1NStALL UNST NiTffiERS ON AGARTMENT DOCRS. 71.01. > ` CITY OF SAINT PAUL Norm Cottmaq Mayar APRII, 1� 1998 �TE��CHAEL :lSCCARTr P.O. HOIL 16Z56 SA1riT PAUL 11�i 7 55116 98:5z� DEPARTMEI'iT OF FIRE AND SAFE'17 SERVICES Timathy K Fulkr, F've Chief DLY[SION OF FlRx pgEV�+N770N Steven Zaccard, Fi�c Marrhd lODEasrElevenrhStree[ Telephane:672-2I8-6230 Salnt Paul, MN SS101 Facsimik: 672-22g-6241 RE: CERTIFICATE pF OCCCPAtJCY WI'I'H CORRECTIONS 359 MARIA AVE N�. of Units: A Dear property Represemadve: On �RCH 23, 1998, a Certifecate af Occupancy inspc�etion �yaq made of your building at the above-propetty tocation. Approvsi for occupancy will be granced npon comQletian of the attached Corseccions Lisc. The items on the lisc nnist be corrected 'unmediately, A reinspeciion wilI be made aftcr 1NAY 2 1998, or as othcnvise noted. Faiiure to do so may result in a citation or th� revocatian of the Certificate of Occupancy. 'thc Saint Paul I,egiylazive Code requires the maintenance of a Certifieaze of Occupaacy. The Saint Paul I.egistative Code atso provides fo� the assesemen[ of zeinspectipn peee equ.y to anahatf of tha cecti�icau fee fot each inspeccion beyond the fitst reinspeccion. YpU WII,L HE RESPt)NSIBLE FOR NQTTF'YTiVG 'I'ENp�N1'g t(r [�Vy OF T'FiE A1TAC�D LIST CJF DEFTGTENCIES ARE 'I'HEIR AESPON5IEII,ITY. For iqquiries about orders or reques4s for altetna[ive tnahods of compliance, call me at 228-6205 bccween 7:3D a.m. - 9:QQ a.m. If you consider these code requiremeuu to be unreasonabte, you �Y aPP� ��e Legislative Aeazissg OfFicer. Appfications for appeais u�ay pe obcained at the Ciry CIerks Office, 170 City Ha11 (266-8989} wi�hin 10 dava of the date of the ori¢insl rnders. Cornetions requiriag conscruction, electricai, plusnbin�; heating, spriak]er or gas piping work must be doue under permit and wirh rhe spprovat of the Building Inspectian and Besign Division, 350 St. Peter SuYet. Suite 310, Sainc P�i, Minnesaa 55102, {265_9pg0}. Plesse help to make Ssint Paui a szfer piace in w0ich to live and work. SincerelY, �� ��i �a�r �rsa, ��az Attachment(s} Cors-3 �7 i . . � DSFSCIF�TCY/CORR�CTICN LIST 1I686 APRIL Z, 1998 �AGE 2 RE: 3S9 MARIA AVE 1. PATNT EXTBRIOR INCLITilING ^RIM. FINISH SOUT_HWEST AIJD NORTH WEST EXTERIOR WI`TH SIDINC- AND ?'R,ZM. 3a.09 (ll {b,c) . EXTERSOR WALLSfPAINT, 2. REPAIR STEPS IN EAST ENTRYWAY. FRONT PROCFi PILI,p,RS/SUPPORTS NEED REBUILDING. 34.09(2){A?. 3. REPAIR REAR EXTERIOR LIGHT. 34.08(9}. 4. PRqVIDE SUFFICIEI3T GARBAGE CONTAINSRS AND TRASH PICI?UP, 34.11(&1. 5. POST COFO AND NEW OWNERSHIP INFORMATION. 33,OS(4], 6. REPAIR HOLES SN BEDROOM AND anrLWAY WALLS WHERE INCEN5E STICKS POKED HOLES. REPAIR HOLE AROt7ND CABLE WIRES IN BEDROOM #4, REPLACE CARP$T IN FRONT STAIR WELL 34.20(7? 7. PROVIbE KH-1 TEST ON 4 SOILER5. 34.11(6?. �� szg APRIL 2, 1998 PAt3E 3 �: 359 MARIA AVE DEFICIE2�7CY/CQRRcCTION LZST 11646 S. COVE^a OPEN JLJNCTZON BOX IN BASEMENT. 34.14(2). 9. RENSOVE 7�P,A*D7NrOWER fiROM BASEM�NT. 34,15{A). 10• ADJUST DOOR CLOSER #2, #4. MII�'C APP 1A' (2) (C) . 11. REPAIR CLOSET FOORS #4. HALLWAYSJSTAIRS NEED PAINTING AND CLEANUP, REPAIR CEFLING UN2T '�1. PA2NT UNIT #1. RSPAIR BROKEN MIRROR IN BATHROOM OF UNIT #2. CLEAN C_ARPET IN UNIT #2 A1VD #1. UNIT #1 NEED PAINTIIIG, CLF.ANING. REPAIR BATHROOM DOOR #4. 34.10(7). 12e REPAIR VANTTY DOOR BATHk00M #�1. FIX LEAK UNpER BATHR�QM SINK #1. 34.11{1). 13. REPAZR BATHROOM FLOOR #{4. 34.10(�). - 14. FROVIDE Si�IOKE DETECTOR AFFIUAVIT. 39.02{C}. E �8 s2� DEPARTMEN'T OF FiRB AND SAFETY SERVICES Timothy K Fufler, Ffre Chie( DIVISION OFfIFtE PREVENTIDN St�vea Zaccard, Firt Marsha( 100 East Eleventh Sr�eet Te/epbone: 612-ZZB-6230 CI'TY OF SAINT PALJL SaFnt Paut, MN 55101 Focslmite: 612-2Z8-62a! Norm Coietnon, Mayar APRII, 9, J.998 PE�R/14fICIiAEL MCCARTY P.O. BO% 16256 SAIIVT PAUJ.. hiN 53116 RE: CER'PLFTCATE OF pCCLrnANCY WITH COR1tECTIONS 359 MARIA AVE No. of i7nizs: 4 Deat Property Represen[ative: On MARCEi 25, 1996, a Certifica[e of Occupancy inspection was made of your building at the abov�property location. Approval far occupancy wil3 bc granted upon compJetion of the accached Coaecaons Lis[. Tne imms an the lisc musc he corrected immediateiy. A xcinspeceion wiil be made after MAY 2 1998, or as otheswise noeed. Failute to do so mav resule in a ci�at;on or the revocazSon of rhe CeniFicate of Oceupancy, The L'aint I`avl LaSiolmn o vOOQ [PqY1F9P iFir rtI'^�^'�^^^^. �f + �'a.'ifira�n nf (imnranrY Thn Ceinr Paui Legistarive Code also provides for the assessmrnt of reinspectinn fees equal t� one-half of the certi5eate fee ioi each igspection beyond ihe firsi reinspection. XOil W1LT. BE RE,SPON5IBLE FOR NOT`IFYING TENANTS 7k' ANY OF 'i'I3E ATTACF�ED LIST OF DEFICIENCLES AItE TfIEIR RE6PONSLSILI'�'1'. For inQuiriu abouc orders or reques[s fot al[emacive methods of compIianee, ea(! me ac 228.6Z65 between 730 a.m. - 9:dQ a.m. If you consider these cpde requixements to be unreasonable, you may appea! to the Legislative Hearing Officer. App�icatious for agpeals may be obtained at the Ciry Clerks Ofiice. F70 Giy Ha]} (2bb-gggg) within 16 davs of the dace of the ari�"nal order<. Corrections tequiring conscrucaon, electricat, piumbing, heacing, 3prinkler or gas piping wotk must be done under permit snd witih fh= appro:•a', e; the Building In;pettion and Design Dtvision. 350 St. Peter Street, Suize 310. Saint Paut, Minnesota 55102, (266.9p9p), Please helg co meke Saint Paul a safer piacs ia which ca live sad work. Sinctrety, ��2{. ��� 1'AT FF3�, Inspecto[ . Actachment(s) Cass-3 98 sz�' DEFIC�ENCY/CORRECTION LIST 11646 APRIL 9, 1996 PAGE 2 r2E: 359 MA�IA AVE 1. ?AZNT EXTERIQR INCLiJD�NG TRIM. rINZSH SOUTHWEST AND NORTH WEST EXfiERZOR WIT?i SIDTNG AND TRIM. 34.09(li(b,c). 2. kEPAIR STEPS IN EAST ENTRYWAY. FRONT PROCH PILLARS/SUPPORTS NEED REBUI LD 2 T7G , 34. 09 (2 ) (A) . 3. REPAIR REAR EXTERIOR LIGHT. 34.G8(9). 4. PROVIDE SUPFICIENT GARHAGE CONTAINERS AND TRASH PICKUP, 34.11(8). 5. POST COFD AND NEW OWNERSHIP INFORMATION. 33.05t4). 6. 12EPAZR HOLES IN HEDROOM At3D HALLWAY WALLS ➢iHERE ZNCEIVSE STICKS PO2(ED Si�LES . REPAIA. HOLE AR4LTND CABLE WIRES II3 BEDROOi+f #4. REPLACE CARPET IN ERONT STAIR WELL 34.10{7}, 7. PROVIDE RH-1 TEST qN 4 BOILERS. 34.11(6}. �8-sZ� DEFICSENCY/CORRECTION LZST 11646 APRIL 9, 1598 PAGE 3 RE: 359 MARIA AVE $. COVER OFEN JUNCTION BOX IN BASEMENT. 34.14(2). 9. REMOVE LAWNMOWER FROM SASEMENT. 34.15(A). 10_ ADJTJST DOQR CLDSER #2, #4. MUFC APP lA-(2)(c). 11. REPAIR CLOSET DOORS #4. HALLYJAYS/STATRS NEED PAINTING AND CI,EANUP , REPAIR CEILING UNIT #1. PAINT UNTT #1. REPAIR BROKEN MIRROR IN $A2'f�IROOM OF UNIT #2, CLEAN CARPET IN UNIT #2 ANll #1. UNIT #1 NEED PAINTING, CLEANING, REFASR BAT2-IKppM DOOFt #4. 34.i0(7}. 12. ftEPAIR VANITY DOOR BATHROOM #1, FIX LEAK UNDER BATHROOM SINK #1. 34.11(1}, 13. REPAIR SATHROOM FLL?OR #4. 34.10(4). 4. PROVTDE SMOKE DETECTOR AFFIDAVIT. 39.02 tc) . 0 %8 ��� DEFICIENCY/COARECTId?T LIST 11646 APRIL 9, 195$ PAGE 4 RE: 359 MARIA AVE 15. PROPERLY SUPPORT THE LOAD BEARTNG COLUMNS ON THE FRONT PORCH - EACH COLtIl�1DI CARRIES HA2�F OF TA� ROOF LOAD - TfiE EXISTING FOOTINGS/ SVPFORTS F.AVE SETTLED CAUSING STRUCTURAL 2NSTAHILITY. 34.09(A). 16. REBUILD TO CODE THE STEPS ON THE REAR OF TFi$ 8U2LDINC3 (CEIJTER STAIRCASE), A 36 X 36 INCH LADTUING IS REQUIRED AND TAE STEPS SHALL BE rONSTRt7CTED WITH A 9 II3CH RUY3 AND A 8 INCH MAXIMUM RISE AND A 36 INCH MINIMUM WIDTH, IF MORE THAL�T 30 INCHES ABOVE GRADE A GUARDRASL SHALL SE PROVIDED WITH A 4 INCH MAXIMUM SPACZNG OF THE INTERMEDIATES. IF MORE THAN THREE STEPS, A GRIPPABLE HANDRAIL 34 TO 38 iNCHES SHALL BE PROVSlJFp. 34.09 (2) (C) . 18 5:�8' DEPARTMENT OF FS[tE AND SAFEtY 5ER VICES Timothy K. Futtrr, Ftrr Chief DI VIS10N 6F FiRE PREYEi�T['[ON Steven 7acc¢rd. Fire Marshal 100EartEtevenrhSvser retephone:6[:•228-6230 CITY OF SAINT PAUL SaintPafd,MN33101 Facsimil<: 6t2-228-6241 Norae �'aieMars, ASayor MaY z4, t49a PETERlMiCHAEL MCCARTY P.O. HOX 1b256 SAtNT P.4UL MN 35116 RE: Notice of Condemnat3on and Order to Vacate 359 MARiA AVE Na, ot [7nas: d Dear Proprny Rtpresentative: Tnz Division of Fire Pr�vvrnGon of tho City of Saint Paul, Mianesau, has found the ptemises at the abnve pmpe:ty locadan to be uasa#e, unfit f��r human habitarion, a public nuisance, a hazard co che publio welfaic or othrnvise dangemvs ro human lito. A Condemnazion Placazd has been post� an the premises. Tha attached Carrectian List shall he carreeted 2mtnedlatety as the premdse vaeated by JC7LVE 30 1998. CONDEMNATION �P TtiE EiVTIRE BUILDING REVOKES ANY CEItTIFICATE OF OCC�SPANCY THAT MAY EXIST ON THE BUILDIiVG. Any correccions �equiring consaucctan, elec�ricai, ptumbiag, gas piping, heacing or sprinkler work, must be performed under permit and u�irh the appraval of the Buiiding Inspection anxi Duign Divisian, 350 St, Peter Streec, Suite 310. Saint Paut, Minnesota 55i02. {256-9490). If you consider rhis condemnation unreasanahle you may appeai co [he Legistative Hearing Q�cer. Applications for appeals maq be obtained ac Room i"I9 Ci[y Haii (266-8989). Ao�als must be filed in the Cirv Clerks Office within 7� davs of the date of the nrieinal arders TLese premises shali not be used or inha6ited unni the a�tsched "Cnrrection Lis�" is compteted and a Ceztificaze of Oxupsacy has been issued by the Depazvs�ent af Firt and $afety Services, Division of Pire Prcvention, Ciry oF Saint Paul. Siacerely, �u �� YAT F[5 Inspector cc: Hausing Info�ion Officc via fax Fotce Unit Enclosutes CORS-7 9�3n 9� �� g DEFICIEISCYJCOF2RECT2GN LIST 11646 MAY 29, 1998 PAGE 2 RE: 359 MARIA AVE 1. PAINT EXT�RIOR INCLUDING T_TtIM. FINISfi 3QUTHWEST A.�ID *70RTH WSST EXTERIOR WIT$ STDING AND TRIM. 34.OS{1)tb,c?. 2. REPAIR STEPS IN EAST ENTRYWAY. FRONT PRQCH PILLARSfSUPPflRTS NEED REBUILDI23G. 34.09 (2) (A) . 3. REPAIR REAR EXTERIOR LIGFF2. 34.08(93. 4. PROVIDE Si3FFICIENT GARSAGE CQNTAINERS AND TRASH PZCKUP. 34.11(8}. 5. POST COFO ADIU NEW ONTNERSHIP INFORMATION. 33.�5(4J. 6. REPAZR HOLES IN HEi7RO0M IN #3. REFAIR HOLE AROIIDID CABLE W2RES IN HEDROOM #3. 3e.zo(73- 7. PROVZDE RIi-1 TEST ON 4 BOILERS. 34�11(5}. 9� s2 � DEF2CIENCYfCORRECTIGN LIST MAY 29, 1998 PAGE 3 AE: 359 MARIA AvE 8. AD3UST DOOR CLQSER tt2, #g, MUFC APP lA-t2)tc). 4. REPAIR CI,OSBT DOORS #4. HALLWAYSJSTAIRS I3EED PAINTINC3 ANI7 CLEANIIP . REPAIR CEILING t3NIT #l. PAINT CIUTIT #1. REPAIR BROKEN M2RROR SN BATHROOM OF UNIT #2. CLEAN CARPET IN tJNST #2 AND #1. IJ23IT #1 NEED PAINTI2+TG, CLEANING. REPAIR 8A'PEiR00M DOOR #4. 34.10(7), 1Q, REPAIR VANITY DOOR BATHROOM #1. FSX LEAK UNDER SATHROOM SINK #1. 34.11(1). li. REPAII2 SATHROOM FLOOR #4. 34.10(4). 12. PROVIDE SMOFCE DETECTDR AFFZDAVIR, 39.02{C). 13. PROPERLY SUPPORT THE LOAA $EARING COLtJhir7S ON THE FRONT PORCH - EACf3 COLUMf7 CARRIES HAI.F pF 2HE ROQF LOAD - THE EXISTING FOOTINGS( SUPPORTS TiAVE SETTL^aD CnUaIh^v STRUCTURAL INSTABILITY. 34.09(A?. 11646 9� �5� � DEFICIENCYjCORRECTIGN L,IST 11546 MAY 29, 1998 PAGE 4 RE: 359 MARIA FLVE 14. REBUILD TO CODE THE STEPS ON THE REA.�2 OF TH£ BVILDING (CENTER STAIRCASE), A 36 X 36 INCH LANDING IS AEQUiRzD AND THE STEPS SHALL BE COIJS'!'RUCTED WITH A 9 IATCH RUN AND A 8 I23CH MAXZMUM RISE AND A 36 INCH MINIMUM WIDTFi, IF MORE THAN 30 INCHES ABOVE GRADE A GUARDRAIL $FiA2,L SE PROVIDED WITA A 4 INCFi hIAXIMUM SPACING OF TFi$ INTERMEDIATES. IF MQRE THAN THREE STEFS, A GRIPPABLE E3ANDRAIL 34 TO 38 INCHES SHAI,L HE PROVIDED. 34.09(27(C). �� I Jrma lo, 1998 Petet/Mic}� McCarty Pd$ox 3b25b St p�, � SS 1I b and SmaTt Archit.ects Via fa+c b9S - 973I Re: 3S9 M�� Avatt�, 5tPau1 PYnnk pOl'cL Uefd' $)75: �tr�'.5� $ I inegected the above ffont porch �d racommta�d t6at the cxYi�ns supporting the porch roof bc rePleca! wish b" x 6"posts. 71use poscs shoukt be Pusitionat plumb fram the emerior comera ofthe pcxcb roof rnNO the existing biick piers. 'F hc cxishng brick piete, althaugh notpiumb, aPPesr to hsve settted maaY Yee*s a8o, aud sa I do not sae the nesd t reptace ih�a for sbnyshual reasons. Should you heve atry c�ta�ons piase cail tne directly at 943-3605. Sinceroly ' ` • F��,�„� ..---�°�" Michael En � •