Title
Appeal of Amber Duncan to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 973 FRONT AVENUE.
Date/Time of 1st LH: December 12, 2024, 9:00 a.m., Room 330 City Hall
Purpose of Appeal: House was cleaned but furnace people refused to come out until DSI said it was safe to come work in house. I just want to fix my furnace.
Date of Order(s) Under Appeal: December 10, 2024
Inspector/Key Staff: David Smith
Legislative Hearing Staff Comments: Accepting appeal and scheduling as emergency hearing / Appellant was given the photos dates 12/10/24.
Body
AMENDED 1/8/25
WHEREAS, in the matter of Amber Duncan to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 973 Front Avenue, the Legislative Hearing Officer has reviewed the appeal and considered the testimony of City staff and the appellant; and
WHEREAS, the Legislative Hearing Officer's recommendation of December 13, 2024 was to: 1) vacate the property no later than 5PM today, December 13, 2024, 2) may access the house from 8AM to 5PM for purposes of cleaning, repairing, retrieving personal, etc. and may not sleep in the home and no minors are to be present, 3) may not leave the home with space heater in operation, 4) may not leave the home with pets remaining; 5) it is advisable to winterize the property to prevent the pipes from freezing and bursting; and
WHEREAS, the Legislative Hearing Officer reviewed conditions on December 18, 2024 and made the following findings: 1) the furnace was professionally repaired and the house is now heated without the use of space heaters; 2) city-provided smoke and carbon monoxide detectors/alarms have been installed; 3) cleaning and removal of hoarded materials from the interior is underway; and 4) the exterior of the property yard has been brought in compliance with the city removal of the extreme amount of materials; and
WHEREAS, based on this progress, the Legislative Hearing Officer recommends -ed that the Council refer the matter to Legislative Hearing January 7, 2025 for review of a work plan to complete the repairs and cleaning noted in the Code Enforcement orders;
WHEREAS, the Condemnation & Order to Vacate issued December 10, 2024 was modified slightly and re-issued December 19, 2024 in spite of there being a stay of enforcement as the Council was and is considering the appeal corraborated , per Saint Paul Legislative Code Chapter 34.25 Stay of Enforcement/penalty, ; and therefore, the content of both the December 10 and December 19, 2025 Orders are combined in the consideration of this appeal; and
WHEREAS, the Legislative Hearing Officer found on January 7, 2025 that 1) two inspections occurred between December 23 and January 7 to determine the current status and progress in addressing the individual orders listed in the Condemnation and Order to Vacate of ; 2) the finding of those inspections were that a) minimal progress had been made in addressing the extremely cluttered household items, despite the provision of a dumpster by the Saint/Paul Ramsey County Public Health House Calls - which remained unused; b) sanitation remains a very serious concern for the occupancy; c) the household is again very large-inclusive of at least 4 adults, 5 minors (including a 3-year old), 2 dogs, 5 cats and turtles; d) conditions on the interior were observed by both Saint Paul Police Department (SPPD) Officers and Department of Safety and Inspections (DSI) inspectors on January 2, 2025 when the were provided access to the entire house and property; d) no plan for addressing the items on the Order to Vacate was provided; and
WHEREAS, the Legislative Hearing Officer concurs with the findings of SPPD and DSI staff based on their testimony, written reports, photos provided, which can also be corroborated by SPPD body camera video and submits that many serious violations remain, including sanitation, details of the furnace repair. extreme dilapidation and interior and exterior damage to the structure; and
WHEREAS, the Legislative Hearing Officer recommends that the City Council grant an extension to Friday, January 10, 2025 by noon to vacate the property; Now, Therefore, Be It
RESOLVED, that the Saint Paul City Council hereby accepts and adopts the Legislative Hearing Officer's recommendation in this matter.