Title
Approving adverse action and imposition of a $500 Matrix Penalty against the Auto Repair Garage and Second Hand Dealer Motor licenses held by M F K Enterprise Inc. d/b/a M F K Enterprise for the premises located at 830 Robert Street South (License ID #200057957).
Body
WHEREAS, the Auto Repair Garage and Second Hand Dealer Motor licenses held by M F K Enterprise Inc. d/b/a M F K Enterprise for the premises located at 830 Robert Street South in Saint Paul (License ID #200057957) was the subject of a Notice of Adverse Action and Request for imposition of a $500 Matrix Penalty (“Notice”), herein incorporated as Exhibit 1, dated November 16, 2023; and
WHEREAS, the Notice stated that the Department of Safety and Inspections was recommending Adverse Action and imposition of the standard matrix penalty after the a complaint based inspection showed a number of violations of license conditions; and
WHEREAS, the Notice stated that:
- An inspection of the licensed premises was conducted on July 17, 2023, due to a complaint submitted to the Department of Safety and Inspections (DSI).
- The following violations were discovered during the inspection: vehicles were not parked in accordance with the site plan filed with DSI and the licensed premises did not provide a maneuvering lane.
- The violations were related to the agreed upon licensed conditions.
- The licensee was given a Correction Notice indicating that the violations needed to be fully corrected on or before August 8, 2023, at which time, or shortly thereafter, a re-inspection would take place.
- On August 9, 2023, Inspector Vang returned to the licensed premises for a re-inspection and observed and photographed cars parked in violation of the license conditions #1 and #2. Inspector Vang spoke with Mohammed Abedi. Inspector Vang introduced himself as a licensing inspector for the City of Saint Paul DSI. Inspector Vang explained to Mr. Abedi the reason for the visit was a re-inspection from an earlier inspection held on July 17, 2023. Inspector Vang handed a copy of the site plant to Mr. Abedi, the correction notice, and the license conditions. Inspector Vang asked if Moe Faryaneh, the license holder for M F K Enterprise, was there that day. Mr. Abedi proceeded to call Mr. Faryaneh and informed him of the situation. Inspector Vang continued his inspection and observed vehicles parked on the side of the building and a vehicle parked in front of the garage door. Inspector Vang educated Mr. Abedi that these vehicles were in violation for not being parked in accordance with the approved site plan. Mr. Abedi stated that he had brought his side of the business into compliance with the city’s request and did not want to be in violation due to Mr. Faryaneh’s violations on his side of the business; and
WHEREAS, the Notice gave the Licensee the following 4 options:
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 November 27, 2023, 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 approval of the proposed remedy.
2. You can admit to the violation and pay the $500.00 matrix penalty. If this is your choice, send the payment directly to DSI at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than November 27, 2023. A self-addressed envelope is enclosed for your convenience. Payment of the $500.00 matrix penalty will be considered a waiver of the hearing to which you are entitled.
3. If you wish to admit the facts but you contest the $500.00 matrix penalty, you may have a public 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 public hearing no later than November 27, 2023. The matter will then be scheduled before the City Council to determine whether to impose the $500.00 matrix penalty. 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 November 27, 2023. 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 public 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; and
WHEREAS, the Notice further stated that:
If you have not contacted me by November 27, 2023, I will assume that you do not contest the imposition of the $500.00 matrix penalty. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty.
If you have questions about these options, please contact Alan Tellez Berkowitz, my Law Clerk at alan.tellez.berkowitz@ci.stpaul.mn.us <mailto:alan.tellez.berkowitz@ci.stpaul.mn.us>; and
WHEREAS, on November 29, 2023, the licensee sent an email, herein incorporated as Exhibit 2, to City Attorney Law Clerk, Alan Tellez Berkowitz alleging that he had not gotten the Notice until after the Thanksgiving holiday and that he had come into the City Attorney’s Office on November 29, 2023, and requested option #3 - an “explanation in front of city council”, and requested all of the violation photos; and
WHEREAS, on December 1, 2023, City Attorney Law Clerk, Alan Tellez Berkowitz sent an email to the Licensee, herein incorporated as Exhibit 3, asking for clarification as to whether or not the Licensee admitted the facts as alleged in the Notice; and
WHEREAS, on December 1, 2023, the License responded to City Attorney Law Clerk, Alan Tellez Berkowitz, response is herein incorporated as Exhibit 4, telling him that he admitted that a violation happened, but alleged that the violation was not his fault and attempted to blame a neighboring business and asked for “all of the photos”; and
WHEREAS, on December 1, 2023, City Attorney Law Clerk, Alan Tellez Berkowitz responded to the Licensee by email, herein incorporated as Exhibit 5, telling him that to appear before City Council he “must admit that you are responsible for the violation and that you allowed those cars to park in violation of your license conditions.” and resending the Notice of Violation packet to the Licensee with all of the photos; and
WHEREAS, on December 5, 2023, the Licensee sent City Attorney Law Clerk, Alan Tellez Berkowitz and email, herein incorporated as Exhibit 6, that seemed to bring up defenses to the violations alleged in the Notice but ended with “I look forward to explaining the situation in front of the council and to do our best for the future”; and
WHEREAS, on December 6, 2023, City Attorney Law Clerk, Alan Tellez Berkowitz, again emailed the Licensee, email herein incorporated as Exhibit 7, to clarify that in order to appear before City Council, he needed to make sure that the Licensee was admitting the violations and asking the Licensee what he wanted to do; and
WHEREAS, on December 13, 2023, City Attorney Law Clerk, Alan Tellez Berkowitz, again emailed the Licensee, email herein incorporated as Exhibit 8, because he had not heard back from the Licensee, City Attorney Law Clerk, Alan Tellez Berkowitz laid out the choices that the Licensee had and requested that the Licensee respond to Assistant City Attorney, Therese Skarda by Friday December 15th. The email also stated that if the Licensee did not respond by Friday December 15th, the matter would be placed on the consent agenda; and
WHEREAS, the Licensee did not respond to Assistant City Attorney Therese Skarda; and now, therefore, be it
RESOLVED, the $500 matrix penalty is hereby imposed against the Auto Repair Garage and Second Hand Dealer Motor licenses held by M F K Enterprise Inc. d/b/a MFD Enterprise for the premises located at 830 Robert Street South in Saint Paul under License ID #200057957.