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Approving adverse action against the Auto Body Repair/Painting Shop license held by Duqueiro Cano d/b/a Duke’s Cars & Towing (License ID #20120001127) for the premises located at 323 Maria Avenue.
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WHEREAS, the Auto Body Repair/Painting Shop license held by Duqueiro Cano d/b/a Duke’s Cars & Towing (License ID #20120001127) for the premises located at 323 Maria Avenue in Saint Paul was the subject of a Notice of Violation and Request for Imposition of $500 Matrix Penalty (Notice”) dated August 15, 2023; and
WHEREAS, the Notice stated that on May 31, 2023 the Department of Safety and Inspections (DSI) received a complaint concerning excessive vehicles on the property at 323 Maria Avenue as well as employees working on vehicles outside the building; and
WHEREAS, on June 5, 2023, an inspector from the Department of Safety and Inspections (DSI) conducted an inspection at the licensed premises; and
WHEREAS, on June 20, 2023, a Correction Notice was mailed to the licensed premises as well as the licensee’s home address listing violations to license conditions #4, #5, #7, #9, #11 and #13; and
WHEREAS, the Correction Notice stated the violations listed would need to be fully corrected on or before July 5, 2023, and that failure to correct the violations may result in adverse action against all of the licenses; and
WHEREAS, on July 10, 2023, an inspector from the Department of Safety and Inspections (DSI) came to the licensed premises to conduct a re-inspection; and
WHEREAS, during the re-inspection, the DSI Inspector observed and documented with photographs violations to license conditions #6, #7, #9, #10, #11, #13 and #14; and
WHEREAS, Saint Paul Legislative Code §310.04(b)(6) allows for adverse action when a licensee has violated or performed any act which is a violation of any of the provisions of these chapters or of any statute, ordinance or regulation reasonable related to the licensed activity; and
WHEREAS, Saint Paul Legislative §310.03(m)(1)(1) provides for a presumptive penalty of $500.00 for a first-time violation of conditions placed on the license; and
WHEREAS, the Department of Safety and Inspections recommended the imposition of a $500.00 matrix penalty; and
WHEREAS, the licensee was given until August 25, 2023, to 1) pay the imposed $500.00 matrix penalty; 2) request a Council Hearing or 3) request an Administrative Hearing; and
WHEREAS, the licensee failed to respond to the Notice to 1) pay the $500.00 matrix penalty;
2) request a Council Hearing or 3) request an Administrative Hearing; and
WHEREAS, the Notice stated that if the licensee failed to respond to the Notice by August 25, 2023, that the matter would be placed on the City Council Consent Agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, the Auto Body Repair/Painting Shop license held by Duqueiro Cano d/b/a Duke’s Cars & Towing (License ID #20120001127) for the premises located at 323 Maria Avenue in Saint Paul is hereby ordered to pay a $500.00 matrix penalty for violations to license condition #6, #7, #9, #10, #11, #13 and #14 observed and documented by a DSI Inspector during a re-inspection on July 10, 2023.
Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.