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File #: RLH VO 14-66    Version:
Type: Resolution LH Vacate Order Status: Passed
In control: City Council
Final action: 1/7/2015
Title: Appeal of David Himmelsbach to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 893 HUDSON ROAD.
Sponsors: Kathy Lantry
Ward: Vacate Order, Ward - 7
Attachments: 1. 893 Hudson Rd.appeal.12-18-14, 2. 893 HudsonRd.Photos 1.12-16-14, 3. 893 HudsonRd.Photos 2.12-16-14, 4. 893 HudsonRd.Photos 3.12-16-14, 5. 893 HudsonRd.Photos 4.12-16-14, 6. 893 Hudson Rd.Affidavit Ltr.12-23-14, 7. 893 Hudson Rd.Himmelbach Ltr.12-24-14, 8. 893 HudsonRd.Photos #1.12-30-14, 9. 893 HudsonRd.Photos #2.12-30-14, 10. 893 HudsonRd.Photos #3.12-30-14, 11. 893 HudsonRd.Photos #4.12-30-14
Title
Appeal of David Himmelsbach to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 893 HUDSON ROAD.
 
Date/Time of 1st LH:  December 23, 2014
Purpose of Appeal:  Vacate order / discussion w inspector
Date of Order(s) Under Appeal:  December 16, 2014
Inspector/Key Staff:  James Hoffman
Legislative Hearing Staff Comments:  Appellant told staff that the inspector said he would be at the Legislative Hearing. When staff told the appellant that the inspector's supervisor is usually at the hearing, appellant indicated that he really wanted the inspector to be there. Also, appellant noted that his last name was misspelled on the order. rrn  Has Kay Wittgenstein been contacted? MCM  I will likely amend this recommendation based on performance. MCM
 
Body
AMENDED 1/7/15
 
WHEREAS, in the matter of the Appeal of David Himmelsbach to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 893 HUDSON ROAD, the Legislative Hearing Officer has reviewed the appeal and considered the testimony of City staff and the appellant; and
 
WHEREAS, the Legislative Hearing Officer recommends that the City Council grant owner an extension until December 30, 2014 to reduce the volume of excessive accumulation in the house and porch by clearing out pathways of at least 36 inches in clearance, pathways to all egress windows, doors, stairways, basement; and, kitchen must be completely clean out.  If owner meets the 50% mark, will grant additional time for the remaining items to come into compliance; and
 
WHEREAS, there was no discernable improvement in the housing conditions by the deadline imposed; and
 
WHEREAS, the Legislative Hearing Officer recommends that the building be vacated as of the close of business January 9, 2015; Now, Therefore, Be It
 
RESOLVED, that the Saint Paul City Council hereby accepts and adopts the Legislative Hearing Officer's recommendation in this matter. denies the appeal and allows continued occupancy through Monday January 12, 2015 if Mr. Himmelsback reduces by half the volume of excessive accumulation in the house and porch by: 1) clearing out, by at least 36 inches clearance, pathways to all egress windows, doors, stairways, basement; and 2) cleaning out the kitchen completely clean out; and be it further; and be it further
 
RESOLVED, the Saint Paul City Council hereby also allows the continuing occupancy only if there is rapid progress in abating the excessive accumulation and sanitation issues, and repairing the other code violations in the home; and be it finally
 
RESOLVED, that the Department of Safety and Inspections Code Enforcement Division shall make the determination of what consitutes rapid progress and the violations which shall be addressed.
 
 
 
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