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File #: RLH VO 15-61    Version:
Type: Resolution LH Vacate Order Status: Passed
In control: City Council
Final action: 12/16/2015
Title: Appeal of John Schultz to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 1623 YORK AVENUE.
Sponsors: Dan Bostrom
Ward: Vacate Order, Ward - 6
Attachments: 1. 1623 York Ave Appeal 11-6-15, 2. 1623 York Ave.Photos Exterior.11-6-15, 3. 1623 York Ave.Photos.9-18-15, 4. 1623 York Ave.Photos.9-15-15, 5. 1623 York Ave.Condemnation & Vacate Order.9-4-15, 6. 1623 York Ave.Photos.9-4-15, 7. 1623 York Ave.Condemnation & Vacate Order.9-2-15, 8. 1623 York Ave.Photos.9-2-15, 9. 1623 York Ave.Correction Order.8-27-15, 10. 1623 York Ave.Photos.8-27-15, 11. 1623 York Ave.Smoke Detector Affidavit.11-24-15, 12. 1623 York Ave.Inspection.11-20-15, 13. 1623 York Ave.Lease Termination Agreements.11-23-15, 14. 1623 York Ave.Mergens Ltr.11-19-15, 15. 1623 York Ave.Mergens Ltr.12-2-15

Title

Appeal of John Schultz to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 1623 YORK AVENUE.

 

Date/Time of 1st LH:  November 17, 2015 11:30 A.M

Purpose of Appeal:  Appellant contest the factual basis underlying the Condemnation and Vacate Order and also disputes the legal authority for the orders including specifically that he was denied his right to substantive and procedural due process under the state and federal constitutions. Further, If the Condemnation is vacated there is no basis for the Vacant Building Registration. Appellant also challenges the Vacant Building Registration as arbitrary and capircious and unconstitutional as an invalid exercise of police power.

Date of Order(s) Under Appeal:  November 3, 2015

Inspector/Key Staff:  Ed Smith

Legislative Hearing Staff Comments:  warm air permit pulled 9/14/15

 

Body

WHEREAS, in the matter of the Appeal of John Schultz to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 1623 YORK 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 recommends that the City Council grant the appellant to be out of the Vacant Building Program and grant immediate occupancy provided the broken egress window is boarded up immediately and a signed affidavit stating that all smoke detectors are working properly is submitted; Now, Therefore, Be It

 

RESOLVED, that the Saint Paul City Council hereby accepts and adopts the Legislative Hearing Officer's recommendation in this matter.

 

 

 

 

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