Title
Third Making finding on the appealed substantial abatement ordered for 733 FAIRVIEW AVENUE NORTH in Council File RLH RR 24-8.
Body
AMENDED 9/11/2024
WHEREAS, the property entered the Vacant Building Program in 2014, as it was found vacant, in need of repairs and in foreclosure with no responsible party stepping forward; and
WHEREAS, the property was sold to its current owner, Stamate Skliris, in 2016, and work on the property’s rehabilitation was initiated in 2016 continuing into 2017, coming to a halt per all inspection records from 2018 through 2021; and
WHEREAS, in 2022, following the issuance of an Order to Abate a Nuisance Building was issued in January 2022 work was resumed per permit records in September of that year, only to halt, during 2023, per permit records; and
WHEREAS, the City Council adopted RLH RR 24-8 on March 27, 2024 which granted an extension of 90 days to repair the structure, correct all of the deficiencies listed in the agreement between Building Official and owner at 733 Fairview Avenue North below:
1.The range hood vent is a 600 CFM exhaust appliance. It must be installed per manufacture’s recommendations with make-up air or be removed with an appliance that is 300 CFM or smaller.
2.The ductwork will need to be inspected with the requirement that the interior is sprayed the interior with an approved sealant; or a contractor must scope the ductwork for inspection.
3.There is a new deck installed which was not part of the scope of work under the building permit (scope of work under the building permit was for the team, code compliance list). Therefore, the decking will need to be removed to inspect the structure.
4.The owner agrees to have the plumbing contractor contact the plumbing inspector and schedule an on-site inspection to generate a list of requirements/deficiencies/items needing to be completed under a plumbing permit. Note, the plumbing inspector contacted the plumbing contractor, Mr. Maison Plumbing and Drain LLC, who applied for a plumbing permit for a shower and told him that the scope of work for a shower is not reflective of what needs to be completed. The contractor in turn told the plumbing inspector to reject the plumbing permit and that the plumbing contractor would get back to the plumbing inspector.
5. An electrical final inspection still needs to be performed; and
WHEREAS, some, but not all of the above-listed items, have been addressed by September 10, 2024; and
WHEREAS, the Legislative Hearing Officer reviewed this case on July 9, 2024, to determine if the owner and/or responsible party abated the nuisance conditions and found these conditions were not abated and requiring an additional recommends the $5,000 performance deposit be posted forfeited and the building be ordered removed within 15 days;
WHEREAS, as of September 11, 2024, the property has yet to obtain a Certificate of Code Compliance, signifying compliance with the Code Compliance Inspection Report issued July 2, 2022; and
WHEREAS, the Legislative Hearing Officer recommends 1) $2,500 of the performance deposit posted June 17, 2022 be forfeit immediately; 2) the remaining $2,500 be forfeit if the Certificate of Code Compliance has not been issued by Friday, September 20, 2024; and 3) if the Certificate has not been issued by this deadline, the matter is referred to Legislative Hearing October 8, 2024 for the development of an enforcement recommendation for City Council; now, therefore, be it
RESOLVED, that the Saint Paul City Council adopts the findings and recommendation of the legislative hearing officer that the nuisance condition is not abated and 1) forfeits $2,500 of the performance deposit posted June 17, 2022 immediately; 2) forfeit the remaining $2,500 if the Certificate of Code Compliance has not been issued by Friday, September 20, 2024; and 3) if the Certificate has not been issued by this deadline, the matter is referred to Legislative Hearing October 8, 2024 for the development of an enforcement recommendation for City Council but will grant additional time, if performance deposit is posted and authorizes the Department of Safety and Inspections to proceed with abatement.