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Considering and adopting the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge, and request of the Department of Safety and Inspections for imposition of $1,000 matrix penalty against the Auto Repair Garage license held by Castillo Auto Repair at 744 3rd Street East. (Public hearing continued from February 22, 2023)
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WHEREAS, the Auto Repair Garage license held by Castillo Auto Repair for the premises located at 744 3rd Street East (“Licensed Premises”) were the subject of a Notice of Violation (“NOV”) and request for imposition of $1,000 matrix penalty by the Department of Safety and Inspections (“DSI”) for the City of Saint Paul (“City”) on July 6, 2022, herein incorporated as Exhibit 1; and
WHEREAS, the NOV outlined the City’s basis for the recommendation for adverse action and request for imposition of $1,000 matrix penalty; and
WHEREAS, the NOV alleged that the Licensee violated the following license conditions
? Condition #2: Failing to follow approved site plan
? Condition #4: Exterior Storage of Vehicle parts
? Condition #9: Failing to maintain maneuvering space on the property
? Condition #13: Tires displayed on public right of way (sidewalk)
WHEREAS, the NOV detailed that this was the second adverse action against the license in a twelve (12) month period; and
WHEREAS, under the penalty matrix in Chapter 310.05 (m) of the Legislative Code the presumptive penalty for a second violation within twelve (12) months is a fine of $1,000.00; and
WHEREAS, the Licensee responded to the NOV by requesting a hearing before an Administrative Law Judge; and
WHEREAS, on December 8, 2022, a hearing was held before Administrative Law Judge, Christa L. Moseng (“ALJ”); and
WHEREAS, the official record from that hearing, titled OAH 22-6020-38526 ITM Auto Repair Garage License Castillo Auto Repair Official Record is attached a...
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