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Directing the Department of Safety and Inspections to proceed with adverse action and the imposition of a $500 matrix penalty and proposed license conditions against Ecuadorian Express Llc d/b/a Charly’s Auto Repair (License ID #220000246) for the premises located at 1335 Prosperity Avenue.
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WHEREAS, the Auto Repair Garage license (“License”) held by Ecuadorian Express Llc d/b/a Charly’s Auto Repair under (License ID #220000246) for the premises located at 1335 Prosperity Avenue., in Saint Paul (“Licensed Premises”), which is owned by Carlos Illisaca (“Licensee”) was the subject of adverse action and Request for Imposition of $500 Matrix Penalty and Amended License Conditions (“Notice”) (Exhibit # 1) pursuant to a May 13, 2025, Notice of Violation in which the Department of Safety and Inspections (“Department”) provided notice to the Licensee of its intent to request imposition of a $500 matrix penalty and proposed license conditions because the Licensee failed to abide by the rules and the approved site/parking plan regarding working outside, outdoor storage and auto sales of vehicles at the licensed premises; and
WHEREAS, the Notice detailed that on April 21, 2025, DSI Inspector, Allan Vang mailed the Licensee a Correction Notice Letter informing the Licensee that a complaint based inspection took place on April 7, 2025, at 12:09 p.m., where a number of violations was observed; and
WHEREAS, the Correction Notice Letter detailed the violations observed by DSI Inspector Allan Vang; and
WHEREAS, Licensee was advised if they failed to correct the violations prior to a re-inspection on May 2, 2025, it could result in an adverse action; and
WHEREAS, On May 6, 2025, at 12:23 p.m. DSI Inspector, Allan Vang conducted a re-inspection of the licensed premises where he observed the following violations:
- 5 vehicles outside in the parking lot being worked on,
- 2 vehicles for-sale that were parked on the public right-of-way of the boulevard, sidewalk and street,
- Auto parts, auto related parts, rubbish/debris, oil barrels, metal barrels and other auto related items associated with the business was being stored outside.
- Auto related items and parts stored behind the enclosed wood fence with no roof,
- Two of the four entrances/exits were closed off and locked with vehicles parked at those entrances/exits. These vehicles were not parked according to the approved site plan.
- A total of 11 vehicles were parked within the property when there should only be 8 vehicles parked within the property in accordance with the approved site plan.
- The dumpster was located in an area that was not in accordance with the approved site plan dated.
- Vehicle sales were also observed when sales are prohibited at the business location; and
WHEREAS, the Notice laid out the basis for adverse action and the Legislative Code upon which the Department was relying as follows:
Saint Paul Legislative Code §310.01, defines Adverse Action as: “the revocation or suspension of a license, the imposition of conditions upon a license, the denial of an application of the grant, issuance or renewal of a license, the imposition of a fine, the assessment of the costs of a contested hearing, and any other disciplinary or unfavorable action taken with respect to a license, Licensee or applicant for a license. “Adverse action” includes any of the foregoing directed at one (1) or more licenses held by a Licensee at any location in the city. “Adverse action” also includes disapproval of licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of the license.
Saint Paul Legislative Code §310.03 (m) 1 (2) contains the presumptive penalties for violations of the legislative code and sets the presumptive penalty for a first time violation at $500.00 (Exhibit #2)
Saint Paul Legislative Code §310.04 (b) (7) lays out the basis for adverse action and the imposition of conditions upon a License:
(b)“Basis for action. Such adverse action may be based on one (1) or more of the following reasons, which are in addition to any other reason specifically provided by law or in these chapters:”
(1) “The license or permit was procured by misrepresentation of material facts, fraud, deceit or bad faith.”
(2) “The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application.”
(3) “The license was issued in violation of any of the provisions of the zoning code, or the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations.”
(4) “The license or permit was issued in violation of law, without authority, or under a material mistake of fact.”
(5) The licensee or applicant had failed to comply with any condition set forth in the license or set forth in the resolution granting or renewing the license.”
(6) a. “The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) had violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith;”
b. “The licensee or applicant has been convinced of a crime that may disqualify said
applicant from holding the license in question under the standards and
procedures in Minn. Stat/ s chapter 364; or”
c. “The licensee or applicant (or any person whose conduct may by law be imputed to
the licensee or applicant) has engaged in or permitted a pattern or practice of
conduct of failure to comply with laws reasonably related to the licensed activity or
from which an inference of lack of fitness or good character may be drawn.”
(7) “The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or welfare, or the licensee performed or has performed his or her work or activity in an unsafe manner.”
Saint Paul Legislative Code §310.04 (c) (3) and (6) support the Department’s request for imposition of license conditions upon the License held by Licensee:
(c) “Imposition of reasonable conditions and/or restrictions. When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a license issued or held under these chapters, any one (!) or more such reasonable conditions and/or restrictions may be imposed upon such license for the purpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peaceful enjoyment of urban life, or promoting security and safety in nearby neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but are not limited to: “
(3) “A limitation as to the means of ingress or egress from the licensed establishment or its parking lot or immediately adjacent area:”
(6) “Any other reasonable condition or restriction limiting the operation of the licensed business or establishment to ensure that the business or establishment will harmonize with the character of the area in which it is located, or to prevent the development or continuation of a nuisance.”; and
WHEREAS, Saint Paul Legislative Code §65.705(c)&(d) prohibit repair work outside enclosed buildings as well as outside storage:
“A place where the following services may be carried out: general repair of automobiles, trucks, motorcycles, boats, etc.; engine rebuilding; and rebuilding or reconditioning of motor vehicles. The sale of engine fuels may or may not also be carried on.
Standards and conditions:
(c) All repair work shall be done within an enclosed building.
(d) There shall be no outside storage.”; and
WHEREAS, Saint Paul Legislative Code §63.202 states:
“A site plan approved by the planning commission shall be required for the establishment of a new off-street parking facility, for the paving of an unimproved off-street parking facility and for the repaving of an off-street parking facility whose existing paved surface is removed. These facilities shall meet all standards and regulations for parking facilities and site plans contained in this zoning code, and all paving shall require a building permit pursuant to chapter 33 of the Legislative Code. A site plan shall not be required when a new coating is applied over an existing paved surface. Site plans for one-to-four-family dwellings may be approved by the zoning administrator.”; and
WHEREAS, Autobody Repair or Second Hand Dealer - Motor Vehicle Sales are not allowed in the B2 District where the Licensed Premises is located and the violations observed by Inspector Allan Vang violated the following Ordinances:
Saint Paul Legislative Code §401.01(a):
“No personal shall exercise, carry on or be engaged in the trade or business of new motor vehicle dealer, secondhand motor vehicle dealer or secondhand motor vehicle parts dealer in Saint Paul without a license.”
Saint Paul Legislative Code §423.01(b):
“Body repair shop. No personal shall maintain or operate an automobile body repair painting shop, whether alone or in conjunction with another business activity, in Saint Paul without a license. A body repair shop is a shop which is in the business of making major or substantial repairs to the shell or body of an automobile, including frame-straightening, dent repair, and replacement or repair of parts, but not including any painting.”
Saint Paul Legislative Code §65.701:
“A shop that provides substantial motor vehicle body repair, painting or undercoating services, including collision repair services such as body, frame or fender straightening and repair.”
Saint Paul Legislative Code §65.706:
“Outdoor sales space for the sale or rental of new, secondhand, or pawned automobiles, trucks, motorcycles, trailers, or boats.”
Saint Paul Legislative Code §66.101(c):
“The number of legal nonconforming uses on a zoning lot shall not be increased unless the planning commission approves a change of nonconforming use permit as set forth in section 62.109(c); and
WHEREAS, Saint Paul Legislative Code §66.421 lays out principal uses (Exhibit #3); and
WHEREAS, the Current License Conditions for the Licensed Premises are:
1. All customer and employee vehicles must be parked in accordance with the approved site/parking plan on file dated 2/28/2022 with the Department of Safety and Inspections (DSI). Appropriate measures shall be taken so that vehicles do not project into the public right-of-way (e.g. boulevards, sidewalk).
2. No customer vehicles under the control of the licensee can be parked and or stored in the public right-of-way (e.g., street, alley, sidewalk, boulevard, etc.) this includes vehicles waiting for repairs and vehicles waiting to be picked up by the customer.
3. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. Storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey County Hazardous Waste regulations.
4. No repair of vehicles may occur on the exterior of the lor or in the public right-of-way (e.g., street, alley. Sidewalk, boulevard, etc.). All repair work must occur within an enclosed building.
5. Customer and/or employee vehicles may not be parked longer than ten (10) days on the premises. It shall be the responsibility of the licensee to ensure that any vehicle not claimed by its owner is removed from the lot as permitted by law.
6. Vehicle sales is not permitted; and
WHEREAS, the Department is Proposing the following Amendments to the Current License Conditions:
1. All customer and employee vehicles must be parked in accordance with the approved site/parking plan on file dated 2/28/2022 with the Department of Safety and Inspections (DSI). Appropriate measures shall be taken so that vehicles do not project into the public right-of-way (e.g. boulevards, sidewalk).
2. No customer vehicles under the control of the licensee can be parked and or stored in the public right-of-way (e.g., street, alley, sidewalk, boulevard, etc.) this includes vehicles waiting for repairs and vehicles waiting to be picked up by the customer.
3. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. Storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey County Hazardous Waste regulations.
4. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. Vehicle salvage is not permitted.
5. No repair of vehicles may occur on the exterior of the lor or in the public right-of-way (e.g., street, alley. Sidewalk, boulevard, etc.). All repair work must occur within an enclosed building.
6. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles parked outdoors must appear to be completely assembled with no major parts missing. Vehicle salvage is not permitted.
7. Customer and/or employee vehicles may not be parked longer than ten (10) days on the premises. It shall be the responsibility of the licensee to ensure that any vehicle not claimed by its owner is removed from the lot as permitted by law.
8. Auto Body Repair is not permitted.
9. Vehicle sales is not permitted.
10. Licensee must comply with all federal, state and local laws.; and
WHEREAS, the Notice laid out options for the Licensee as follows:
You have four (4) options to proceed:
1. If you do not contest the imposition of the proposed adverse action, you may do nothing. If I have not heard from you by May 23, 2025, I will presume that you have chosen not to contest the proposed adverse action and the matter will be placed on the City Council Consent agenda for imposition of the $500 matrix penalty and proposed license conditions.
2. You can pay the $500 matrix penalty. If this is your choice, you should make payment directly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than May 23, 2025, please contact the Department immediately.
3. If you wish to admit the facts but you contest the $500 matrix penalty and proposed license conditions, you may have a hearing before the Saint Paul City Council. You will need to send me a letter with a statement admitting to the facts and requesting a Council hearing no later than May 23, 2025, the matter will then be scheduled before the City Council to determine whether to impose the $500 matrix penalty and proposed license conditions. You will have an opportunity to appear before the Council and make a statement on your own behalf.
4. If you dispute the facts outlined above, you may request a hearing before an Administrative Law Judge (ALJ). You will need to send me a letter disputing the facts and requesting an administrative hearing no later than May 23, 2025. At that hearing both you and the City will appear and present witnesses, evidence and cross-examine each other's witnesses. After receipt of the ALJ’s report (usually within 30 days), a hearing will need to be scheduled. At that time, the City Council will decide whether to adopt, modify or reject the ALJ’s report and recommendation.
Please note: If you choose an administrative hearing, the Department of Safety and Inspections reserves the right to request that City Council impose the costs of the administrative hearing per Saint Paul Legislative Code § 310.03 (k).
If you have not contacted me by May 23, 2025, I will assume that you do not contest the imposition of the $500 matrix penalty and proposed license conditions. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty.; and
WHEREAS, the Notice was sent to the licensee on May 13, 2025, and requested that the Licensee respond by May 23, 2025; and
WHEREAS, the Licensee failed to contact either the City Attorney’s Office or the Department of Safety and Inspections by May 23, 2025; and now therefore be it
RESOLVED, that the $500 matrix penalty and proposed license conditions are hereby imposed on the Auto Repair Garage license held by Ecuadorian Express Llc d/b/a Charly’s Auto Repair, (License ID #220000246) for the premises located at 1335 Prosperity Avenue., Saint Paul, MN 55106, and Licensee is ordered to pay the $500 matrix penalty fee to the Department of Safety and Inspections.