15 West Kellogg Blvd.

Saint Paul, MN 55102

City of Saint Paul

Minutes - Final

Legislative Hearings

Marcia Moermond, Legislative Hearing Officer

Mai Vang, Hearing Coordinator

Joanna Zimny, Executive Assistant

legislativehearings@ci.stpaul.mn.us

651-266-8585

Tuesday, August 9, 2022

9:00 AM

Room 330 City Hall & Court House/Remote

9:00 a.m. Hearings

Remove/Repair Orders

SR 22-132

Review Request for a potential stay of enforcement of demolition of Jerry

Krippner, for property at 587 COOK AVENUE EAST.

Yang

Sponsors:

Layover to LH August 23, 2022 at 9 am (CPH August 24). PO to submit 1) PA

agreement with 3rd party purchaser, 2) construction statement with timeline, 3) proof of

finances to complete the rehab, 4) affidavit dedicating funds to the project and 5)

property must continue to be maintained.

No one appeared

Moermond: this is Mr. Gerald Krippner’s property. The Council voted to remove and

based on a plea and a potential purchaser sent it back to get time to pull the deal tog.

That deal fell through, he says he has another deal but he isn’t ready. So if he actually

had a deal today I’d be sending it to Council August 24. We’re still going to do that and

either he has everything done with a bow August 23, or August 24 I recommend no

stay be granted in the demo and we close the book. He knows he has that two weeks

to get his things together.

Received and Filed

RLH RR 22-33

Ordering the rehabilitation or razing and removal of the structures at 781

COOK AVENUE EAST within fifteen (15) days after the July 13, 2022,

City Council Public Hearing. (Amend to remove within 15 days with no

option for repair)

Yang

Sponsors:

Layover to LH August 23, 2022 at 9 am. PO to submit work plan and schedule,

evidence of financing, and affidavit based on completed CCI.

No one appeared

Moermond: when we did our pre-meeting it looked like the Code Compliance Inspection

Report wasn’t issued yet and the remaining piece was the plumbing inspection.

Because that plumbing has been delayed it makes sense to lay it over two weeks.

Yannarelly: looks like the plumber was out there yesterday.

Moermond: so he should have that quickly.

Laid Over to the Legislative Hearings due back on 8/23/2022

RLH RR 22-28

Ordering the rehabilitation or razing and removal of the structures at 733

FAIRVIEW AVENUE NORTH within fifteen (15) days after the June 22,

2022, City Council Public Hearing. (To refer to July 26, 2022 Legislative

Hearing)

Jalali

Sponsors:

Remove within 15 days with no option to repair.

No one appeared

Moermond: we haven’t heard anything at all from the owner. The last letter we sent we

told him he needs to have an agreement with a third party into us, bring his taxes

current, submit evidence of financing, affidavit and work plan. All the usual things after

someone has the Code Compliance Inspection and posts that Performance Deposit.

Our office has received nothing. Let’s send this to Council August 24 with

recommendation to remove with no option to rehab. Let’s see if he starts taking some

steps.

Referred to the City Council due back on 8/24/2022

RLH RR 22-42

Ordering the rehabilitation or razing and removal of the structures at 1803

IVY AVENUE EAST within fifteen (15) days after the August 10, 2022,

City Council Public Hearing. (To refer to August 23, 2022 Legislative

Hearing)

Yang

Sponsors:

Refer back to LH August 23, 2022 at 9 am. PO to provide update on clearing title and

any potential purchaser.

Timothy Hay, owner, appeared

Moermond: when last we talked we had a little list of things you were going to work on,

have you done that?

[Hay shows application]

Hay: I just did it yesterday, I didn’t have the funds until then.

Moermond: does it have a lock box on it?

Hay: I’m doing it today.

Moermond: so you have to call that in.

Hay: I will do that.

Moermond: we’d normally expect at this point that someone has posted a Performance

Deposit and I know that is a reach for you and you were going to work to find a partner

on that. You were going to look at the title issues. I know 90 days has elapsed.

Hay: Title Smart dropped everything. Executive Builders dropped out.

Moermond: did you find another title company yet?

Hay: no.

Moermond: have you spoken to Joe Steinmaus?

Hay: no, I’ve been busy packing the stuff in the house because ire ad it had to be free

of all debris. That’s going to take me a few days. The gal at the front desk told me

they’re running behind and it will be at least a week before they come. A buddy of mine

has a lock box he’s giving me to use. I’ll get everything I can out.

Moermond: it might help you to reach out to a potential purchaser and they may be

able to help you do some of it.

Hay: I’m just going to take it to Goodwill.

Moermond: and someone you partner with may be used to ordering a dumpster to help

speed things along for you and save you some trouble. This goes to Council tomorrow.

I would love it if you could reach out to your potential purchaser, or a realtor to find

another potential purchaser. Did you talk to Rondo Land Trust? Maybe reach out to

them. Use this time to start trying to find a partner to do the work. We’re all pulling for

that to happen but the title work is going to take some time and you need grace for

that. That’s the nature of doing that. We want to go on two tracks at once, one with the

house and getting bids and inspections, and the other getting yourself legally squared

away with title and someone who will do the fix. I would talk to your purchaser sooner

rather than later. If there’s someone in your life who you can rely on for financial or

legal advice—

Hay: myself.

Moermond: if you have equity you probably won’t get all of it out. You want as much out

as you possibly can. To that end, if you can get a realtor in to help be your advocate

and your representative it would be helpful. It is a cat 3 Vacant Building which is

putting the price down, but hopefully the condition of the building makes the offer

better. Hopefully that Code Compliance Inspection Report shows that value. I’d be in

the business of trying to find someone who does that kind of work? I would call

someone local, who knows the neighborhood, and ask if they don’t do this type of work

if they know someone who does. Legal advice your realtor could advise you for the

purchase agreement. The last thing is that in real estate transactions, it is legal for the

person who represents the buyer to represent the seller. That may or may not be the

right choice for you. They’ll get a commission, but if they’re working in your best

interest, it may be worth it. In the next two weeks let’s get that house cleaned out, get

that Code Compliance Inspection started. I’m going to ask the Council to send this

back for us to talk again. You’ll get it cleaned out and Nathan Bruhn will be informed

of that and have the lock box combination. Start poking around for a realtor that can

give you advice that is just for you. In the City of St Paul a TISH report is required to

sell a house. You won’t have to do that since you have a Code Compliance Inspection

Report. That is a substitution for a TISH. Don’t spend money on that or let a realtor tell

you that you have to do that. You’re also not going to need a normal buyer; you need

someone who knows what they’re doing anyways and would probably send their own

contractors through.

Yannarelly: unless you wanted to look through previous transcripts to find names of

people who are good at these types of things, names do come up who do these on a

regular basis.

Moermond: look around and start finding your way. We’ll talk in two weeks. Keep

working on the title stuff if you can. I’m pulling for you. I know it was a pull to get the

Code Compliance Inspection done, I know it was a pull to do it.

Referred to the City Council due back on 8/10/2022

RLH RR 22-24

Ordering the rehabilitation or razing and removal of the structures at 1457

THIRD STREET EAST within fifteen (15) days after the June 8, 2022,

City Council Public Hearing.

Prince

Sponsors:

Lay over to LH September 13, 2022 at 9 am. PO to provide preliminary bids and

update on clearing title.

Carl Berger, interested party, appeared

Berger: I was waiting for the inspection; without that I was waiting for that. I’m trying my

best and have people helping me.

Moermond: before we go to much further. This was scheduled to be heard today but

because your niece is working with you and the house is now cleaned out--

Berger: it is. And I’ve paid all the taxes. I’m doing everything on the list.

Moermond: so while that Code Compliance Inspection Report is being prepared, to

continue this conversation to September 13. By that point you should have that Code

Compliance in your hands and your niece should have helped you get some bids. You

could be getting people in to do preliminary bids.

Berger: her husband has a contractor’s license so they’re kind of handling it.

Moermond: and this will be in the letter to you, she is welcome to participate in person

or we can bring her in via phone. That will be in the letter. I’m sorry you’ve had a

struggle parking, and your niece did reach out and Ms. Zimny has been talking with her

regularly. You’re in good shape.

Berger: in June I was progressing. I’ve got a sick wife too. It has been a disastrous 2

years.

Moermond: I understand. Hopefully things come together. We’ll talk again in one

month. Your niece is welcome to reach out but start getting those bids and get that

Code Compliance done.

Berger: when can I inspect that Code Compliance Inspection report?

Moermond: the house still had enough things in it when he went out he couldn’t do the

inspection. So he called you or your niece and let you know that. That has finally

happened.

Berger: its cleaned now, along with my tools.

Moermond: any questions?

Berger: no. I was here 40 minutes early. It was impossible to find parking.

Laid Over to the Legislative Hearings due back on 9/13/2022

RLH RR 22-38

Ordering the rehabilitation or razing and removal of the structures at 132

WESTERN AVENUE SOUTH within fifteen (15) days after the July 27,

2022, City Council Public Hearing. (To be referred back to August 9,

2022 Legislative Hearing)

Noecker

Sponsors:

Layover to LH August 23, 2022 at 9 am. PO to provide information on clearing title,

work plan and schedule, proof of financing and affidavit. (CPH 9/7).

No one appeared

Moermond: the requirement was they have the Code Compliance Inspection applied for

and Performance Deposit posted before the July 27 Council Public Hearing in order to

refer back to today. They met that deadline on Wednesday July 27. The Code

Compliance was completed July 25 so now it is about letting them develop work plans.

Mai Vang: I talked with Ms. Louismet about the posting of the Performance Deposit

right before the Council. I did say in order to refer it back to August 9 those need to be

done. August 9 was indicated in Ms. Zimny’s letter.

Moermond: We need a clear title, work plan, financing, and affidavit. I was referred

back to Legislative Hearing August 9. Have we heard from them?

Vang: no.

Moermond: but they’ve paid the taxes. Let’s send a letter indicating they missed

today’s hearing and continue it to August 23 at which point we need to have the items

here they haven’t completed. August 23 we will look for those items to be done or

discuss demo proceedings with them. We’ll send it to Council September 7.

Laid Over to the Legislative Hearings due back on 8/23/2022

10:00 a.m. Hearings

Making Finding on Nuisance Abatements

RLH RR 22-39

Second Making finding on the appealed substantial abatement ordered

for 575 PARK STREET in Council File RLH RR 21-71. (To refer back to

August 9, 2022 Legislative Hearing)

Thao

Sponsors:

Property must have received CC Certificate by September 7, 2022.

John Flores, contractor, appeared

Moermond: Mr. Yannarelly, has there been any change in the progress on this?

Supervisor Joe Yannarelly: it doesn’t appear so. The last email I got on August 4 said

not much progress has been made. 575 is close, and 595 is at the same status.

Moermond: so no Code Compliance certificate for 575?

Yannarelly: correct.

Moermond: Mr. Yannarelly said the building inspector said there hasn’t been progress

at 575. Ms. Zimny had just said a plumbing permit was pulled yesterday?

Flores: yes, that was our last thing before the final. It is sanded and painted and the

only thing left is to clean up the trash. If Nathan came later this week we’d probably

find it done.

Moermond: what was the permit for?

Flores: changing out a water heater, and maybe gas. They had to pull that permit to

get it cleared out. I believe that was done.

Moermond: so the plumbing work is done it just needs a sign off on the permit. So you

should be calling to get that sign off on the permit ASAP.

Flores: we had to settle on electricians. He made a mess and we’re cleaning it up. 595

if the same. He’s obligated to replace the old wiring and switches. I told them they

have to be more professional because we’re looking terrible. Hector ordered drywall.

Moermond: so I’m going to put this in front of Council September 7 and everything

should be done or I’m going to “go bananas.”

Referred to the City Council due back on 9/7/2022

RLH RR 22-40

Second Making finding on the appealed substantial abatement ordered

for 595 PARK STREET in Council File RLH RR 21-72. (To refer back to

August 9, 2022 Legislative Hearing)

Thao

Sponsors:

PO must have additional $5,000 PD posted (done 8/11/22), submitted updated

financials (approved 8/11/22), affidavit, and work plan. by COB September 2, 2022.

John Flores, contractor, appeared

Moermond: I’m going to look for a better plan; we have two items on it. If you could

flesh that out. We can send your old work plan that was approved so you can refer to

that and update it. That’s probably easiest. If you have halfway to go we need a fresh

plan. The other thing about 595 is that I’m requiring that additional Performance

Deposit. I offered it could be transferred from 575. I actually don’t care where it comes

from. I’m going to send this to Council the same day and if he doesn’t get to transfer

that money with a bow I want an additional $5,000 posted with DSI or I’m going to ask

Council to remove it because I’m kind of over it. Mr. Yannarelly, let’s let the front desk

know about that additional $5,000. That needs to be done no later than September 2.

Referred to the City Council due back on 9/7/2022

11:00 a.m. Hearings

Correction Orders

RLH CO 22-7

Appeal of Catherine Fah to a Correction Notice at 1379 SHERBURNE

AVENUE.

Jalali

Sponsors:

Grant to October 31, 2022 for compliance.

Catherine Fah, owner, appeared via phone

Moermond: the correction notice goes to the name on the taxes which is Catherine

Peltzer, that is you?

Fah: yes, that is me. That is my maiden name. I’ve been married 29 years.

Moermond: we can send you that number to get that updated.

[Moermond gives background of appeals process]

Staff report by Supervisor Lisa Martin: a correction notice was mailed June 28, 2022 to

owner re: chapter 34.08 regarding stored materials asking to remove storage container

and other stored materials from rear yard. Compliance date was July 6. Photos are in

the file.

Moermond: tell me what is going on here?

Fah: my father had to go into a nursing home and he had 2 estates with a lot of

different “stuff”. I know we have a lot of stuff in our back yard from him. He has since

passed away. We have worked on getting rid of it, but we had a lot. We remove the

materials around the yard. We have containers, Rubbermaid, we got rid of. We do

have a large storage unit that we use as a shed. That is our most secure structure. It

is the only one that hasn’t been burglarized, including our vehicles. We also have an

older wooden shed which we were going to pull down this year. I have a fairy garden

which we built up because people kept stealing things. So that’s what we have left, and

a picnic table. The rest of the items have been removed. As far as our metal shed,

that is what my issue is. We were planning on cleaning it out anyways, but it was a lot

after dealing with my dad. Now he’s passed away I can work on donating stuff. My

concern is about losing my shed that is secure and we put our more valuable things in,

like the snowblower and lawn mower, into.

Moermond: I have to tell you that according to the building code and the City code that

isn’t actually a shed, it is an intermodal storage container and it isn’t allowed on

residential property for use like this. You’ve had the benefit of it being present, but it

isn’t actually a shed and can’t be used as such. When you say you cleaned out the

yard, I have a photo that has material that looks to be about 6 or 7 feet in height

covered by a tarp. Is that still there?

Fah: we have a tarp on it because it has a plastic roof. When we had that really bad

hail it got holes on the top.

Moermond: what is it?

Fah: it is like a plant box, but deeper. About 8 feet long and maybe 5 feet deep. I have

some plastic rock thing where I put in fairy houses and stuff like that. They light up. A

gazing ball. That sort of thing. When we built it, it was open and people stole out of it.

Then we put sides on it and a top to help prevent that. That’s what that structure is.

After we put the roof on it I have things that shouldn’t get wet. When the hail came and

wrecked the light plastic roof we put the tarp over it temporarily.

Moermond: so you’re saying the balance of the yard has been picked up since the

inspector was there?

Fah: yes.

Moermond: and I gather you store your lawnmower and snowblower in the intermodal

container. Are you father’s things in there?

Fah: no, we’ve removed those items and gotten rid of most of them. We had a storage

unit so we started cleaning that out and put items in the container. There’s a ladder in

there. I took out the wheel barrel. Rakes and things like that. We’ve been using the

woodshed to store those now. A trimmer, a weed whipper.

Moermond: so yard care items. The code is clear that intermodal containers aren’t

allowed. So I need a deadline for this to be removed. I’m hearing you are interested n

getting rid of the existing shed and I see also you have a garage. I’m trying to figure

out, we have those different things and what would be involve din getting that container

out of there and what kind of timeline. DSI gave you a quick turnaround on that, I’m

fine giving a further extension I just want to talk about what is involved on your end.

Fah: is there any way the container can stay? I didn’t know that was what it was called.

Can it be modified or resided or put a roof on to make it into a different structure?

Moermond: not to the best of my knowledge. Ms. Martin?

Martin: I have never heard of that. Also, you’re only allowed so many structures on your

property. So it would involve zoning. You’re at more than capacity at this point.

Moermond: you’re going to need a plan for relocating the items and getting rid of it, and

maybe replacing your shed with maybe a more secure building. I need a rope in terms

of how long before it needs to be taken care of. I can see it isn’t a small thing to

undertake but it does need to be done. I’m comfortable going through October to deal

with it.

Fah: ok, thank you. We’ve had it here many years. I don’t know how we’re going to get

it out.

Moermond: I don’t know either. I’ll say October 31, 2022. That gives you time but it is

done before the snow flies. If you want to object to that recommendation, we’ll send a

letter that says how to do so. We’ll put this in front of Council August 24. I do wish you

well in figuring this out. You can only have so much of your lot covered by buildings, as

you figure out where you go from here and what you will do with the garage and shed

remember the lot coverage issue and you may want to call DSI to speak to them about

it. We can include a number for that.

Fah: Ms. Martin, has this code been in place for a long time?

Martin: many, many years.

Moermond: you could ask the City Clerk’s office but I can tell you it has been

decades.

Referred to the City Council due back on 8/24/2022

1:00 p.m. Hearings

Vacant Building Registrations

RLH VBR

22-38

Appeal of Zoe Zhi, American Medical Research, to a Vacant Building

Registration Notice at 1082 EUCLID STREET.

Prince

Sponsors:

Waive the VB fee to October 1, 2022. Property must have Fire C of O reinstated by

October 1, 2022 or will remain a Cat 1 VB.

Zoe Zhi, owner, appeared via phone

[Moermond gives background of appeals process]

Staff report by Supervisor Mitch Imbertson: had a number of inspection done in 2021

which resulted in revocation of the Certificate of Occupancy and then it was ultimately

approved with corrections June 2021. The next renewal due to those revocations it’s a

one year inspection cycle. Hence trying to get back in in a relatively short time. That

started with inspector Thomas requesting access a number of times with multiple

appointment letters starting in February 2022 through June 2022. The Certificate of

Occupancy was revoked and it was referred to the Vacant Building based on us not

being able to access to inspect and recertify.

Staff report by Supervisor Matt Dornfeld: We opened a Category 1 Vacant Building on

that referral on July 17, 2022. Normally in this case to monitor as a Vacant Building we

would prefer and hope the property would be vacant, maintained and secured.

Moermond: additional enforcement measures. Referring to the Vacant Building

program is one thing, but it is also a non-owner occupied property that lacks a

Certificate of Occupancy which is a violation in its own right.

Imbertson: yes, that is why we were requesting access. We had it as non-owner

occupied on our Certificate of Occupancy list and it needs to maintain that

certification.

Moermond: as a Category 1 it wouldn’t be vacated on that basis because that’s a

turnkey property. Ms. Zhi, why are you appealing? Sounds like you have a lot going on

in terms of your court interactions with the tenant?

Zhi: these tenants aren’t the same tenants. During their stay that have close to 20

complaints from the City. Almost 25 Summary Abatement Order. We tried everything

to comply with the City. Unfortunately when Covid started, they didn’t pay rent. They got

until June 1 to pay rent. February to June is 4 months so we filed another eviction

since we terminated their lease and they didn’t move out. They said the didn’t get the

notice. We emailed, mailed, texted them. Based on that execute the same Ramsey

County Referee Catherine Bergstrom said they didn’t get notice so we have to go

through trial. We thought since June was coming up, they didn’t pay the rent, we can

go that route. May 31 I got a letter from Community partnership they had rent

assistance. We went to court saying even if rent is approved they don’t pay. The same

referee said we had to come back in another month to figure out how much they owe.

We came in July. The referee said they had to pay their July rent. They didn’t pay by

July 14. Then the community action person said she paid July 1. Because of this

mistake, the same referee said we have to come back another month. That’s on the

20th of August. We’re trying to get rid of these tenants. I know some tenants don’t

have means to pay rent. These people don’t do anything, not even throwing the trash

into the can we provide and pay for. They are the worst tenants, not just for me but for

the City. They are still living there. The people who signed the lease are parents in their

50’s and it is their children living there. We told the court about this situation and Ms.

Bergstrom disregarded it. It is basically a squatter’s house.

Moermond: so we have the six appointment letters and you didn’t provide access?

Zhi: we gave notice to the tenants. I went there and they locked and said I couldn’t

come in. One time I was there and they had a gun out on the table once and they have

dogs. I am scared to go by myself. I called the police to go with me. We knocked on

the door, they locked it, and I do have a key and I tried to open it and there were dogs

barking and loose. I just don’t want anyone to be hurt. It is a sensitive environment. I

called it off, I don’t want anyone hurt. That was the last one. I called James to explain.

These tenants threatened me, as well as the neighbors when they complain.

Moermond: did you call the police?

Zhi: I did for the last inspection.

Moermond: so when the neighbor called you and told you they felt threatened did you

tell them to call the police?

Zhi: I didn’t have that knowledge.

Moermond: that seems basic.

Zhi: I felt so bad for them. Someone from the City should talk to Catherine Bergstrom

and tell them some renters, because of their difficulties—

Moermond: I’m going to cut you off there. The district court proceedings with evictions

have nothing to do with us today. My sole focus has to do with the Fire Correction order

on the dryer vent not having compliance on deadline, the Department sending multiple

letters to check for compliance, not getting it and referring it to the Vacant Building

program. Providing access is a landlord’s responsibility. I understand you’ve had

problems with the tenant. One of the things that happens when you don’t have control

of your property you end up in this type of situation. This was a City Council vote that

gave you the extension, and that was based on the tenant’s appeal. I didn’t see you

intervening to step in. I don’t want to be used as tool in your trying to get the tenants

evicted. That is your own process in court. You’ve been placed in the Vacant Building

program. Two things important with that. One is having to do with the building being

vacated for lack of a Fire Certificate of Occupancy and the other is the Vacant

Building fee. I assume you are concerned about that fee?

Zhi: yes, very concerned. We’ve spent so much on lawyers trying to get hold of our own

property. We’ve worked with the City but the tenants and court don’t allow us to take

possession. I don’t know what to do. We’ve suffered so much financial loss already,

now this Vacant Building registration fee. This system is so unfair to homeowners like

us. We depend on the rent.

Moermond: the owner here in Ramsey County property taxes that American Medical

Research Inc is the owner. Are you that company?

Zhi: yes, my husband and I own a small company.

Moermond: and that company owns this property?

Zhi: yes, it is under a corporation owned by us. It isn’t a large corporation. We’ve had

five hearings already and now we’re gong to trial just to try and take possession. After

that we can work with the City. Right now I can’t even walk into that house. I’m scared

to go there.

Moermond: I don’t know if you filed police reports on these incidents, but it sounds like

an inspector was present who said he didn’t feel comfortable. I don’t know for the other

five appointments what the situation was. You mentioned 3 appointments you were

interacting with. I’m going to give you a waiver of the Vacant Building fee and if you

have your Fire Certificate of Occupancy reinstated during that time the fee is waived. If

you don’t have it reinstated, you will have a Vacant Building fee that needs to be paid. I

can’t create a bigger carrot for you. That is something you can take to court saying

there are financial implications. The court can also order there be access allowed. You

could have been talking to them about that. Finally, I need to tell you, you are

responsible for keeping the property maintained. If there is a problem with it being

kept up the City hold you accountable. A contract with someone else to do is your

contract to enforce. It has nothing to do with the City. All of that is on you. You should

make sure that is taken care of or understand that there are assessments if the City

has to undertake that property maintenance. The neighbors are experiencing a

problem property and that is due equally in part to the landlord, as well as the tenants.

This is a management issue as well as a tenant issue. I’m recommending you need to

have your Fire Certificate of Occupancy reinstated by October 1. Your Vacant Building

fee is waived through then. If you have the Certificate of Occupancy by then you’ve

saved yourself $2,500.

Zhi: the dryer vent is fixed.

Moermond: and the inspector hasn’t been able to see that in a year and a half. we’ll

send you a follow-up up letter. This goes to Council August 24. You are welcome to

provide testimony to ask for a different outcome.

Zhi: if it goes to Vacant Building does the City escort them out?

Moermond: the City won’t do a vacate on a Category 1 Vacant Building but I believe

they will pursue administrative measures. The biggest one is that Vacant Building fee.

That is hanging over your head.

Zhi: I understand.

Dornfeld: this is a Category 1 with minimal code violations. The appellant should be

able to make necessary arrangements for the inspector to come in rather than us

evicting the tenants for them.

Referred to the City Council due back on 8/24/2022

1:30 p.m. Hearings

Orders To Vacate - Fire Certificate of Occupancy

RLH VO 22-21

Appeal of Maradee Miller to a Fire Inspection Correction Notice (which

includes condemnation) at 1145 HUDSON ROAD #317.

Prince

Sponsors:

Deny the appeal.

No one appeared

Moermond: we don’t have anyone here. Lacking someone being here, I’m going to

recommend this be denied and come into compliance by August 31. If they wish to

contest, we’ll send it Council August 24. Maybe referral to House Calls.

Referred to the City Council due back on 8/24/2022

RLH VO 22-22

Appeal of Benjamin Kaufman, Southern Minnesota Regional Legal

Services, on half of tenant, Marilyn Dunsmore, to a Fire Inspection

Correction Notice (which includes condemnation) at 1145 HUDSON

ROAD #410.

Prince

Sponsors:

Tenant must have 50% reduction in excess materials by August 31. If confirmed, then

lift condemnation and convert to correction orders for remaining 30% reduction by

September 30, 2022. If 50% reduction is not met by August 31 (as confirmed by

inspector), then property must be in compliance or vacated by September 30, 2022.

Benjamin Kaufmann, SMRLS o/b/o tenant, appeared

[Moermond gives background of appeals process]

Staff report by Supervisor Mitch Imbertson: this is a residential unit of 160 units. It was

due for its Fire Certificate of Occupancy for the building as a whole. This wasn’t

specific to this unit. Correction orders were noted for a number of units, including unit

410. Inspector Thomas issued two corrections, one is the unit was condemned as unfit

for occupancy and the second was the accumulation of combustible materials had to

be reduced significantly for fire load and safe access. At this time that is the

correction needed to lift the condemnation. This is based on conditions at the time of

inspection, not the difficulty of getting it approved again. It could take an afternoon of

heavy cleaning, or more work. We can grant the Certificate of Occupancy again as

soon as those conditions are taken care of. We did have some previous issues with

this same unit from the last inspection cycle. I’m not sure how long this tenant has

been there. That was 2015.

Moermond: and the vacate date on item 15 says it must be vacated, I assume if its

not in compliance with item 14. When you show up on the 31st, that’s when you would

expect it in compliance or no one living there?

Imbertson: yes, if there’s no specific vacate date lifted, the expectation is by the

August 31 reinspection.

Moermond: this is along time for an item of this nature. This is 80% reduction in

volume, which is about as high as I’ve ever seen.

Imbertson: it is certainly on the longer end. I haven’t personally be in there. I’m not

sure how well the pictures represent the issue. If we are allowing the whole month to

take care of it, it is something where we’re not having immediate life safety issues with.

Moermond: how do you have a condemnation that’s not based on life safety issues?

Imbertson: concern is noted and it is hard to speculate, but there is a fine line the

inspectors have to use discretion on when it is a case where the storage needs to be

reduced but not an immediate vacate for the unit vs. actually issuing the

condemnation.

Moermond: and you did issue one here with an effective date of August 31.

Imbertson: yes. It met that threshold on July 29.

Moermond: so it was unfit for human habitation and time I was given to work with

organizations without being displaced.

Imbertson: that likely factored into the decision, connecting tenant with resources. If

we can get it safe for occupancy that is preferred to actually having the unit vacated.

Moermond: and this wasn’t deemed unsanitary. So that is a distinction here. This order

goes out, the door gets placarded and someone talks to the tenant July 29. Tenant

reached out to SMRLS, perhaps on a referral. Tell me, it happened quickly. What are

you looking for? Are you working with House Calls? Housekeeping assistance?

Kaufmann: we were contacted the day she received the order. As son as we got

involved we contacted House Calls on her behalf. Diana Carey has been in contact

with the tenant. She has visited the unit and brought along Quick Turn staff. They said

they couldn’t schedule the assistance for at least 2 weeks. In addition, Ms. Dunsmore

has physical ailments, which is part of the contribution to the situation. [Tenant’s

medical ailments and treatment are outline and redacted for this record] She has great

difficulty moving items out herself.

Moermond: is she cooperating? Sometimes people say they want all their stuff.

Kaufmann: as far as I’m aware, House Calls said they believed it would work and

Quick Turn would be able to remove belongings. Ms. Dunsmore also has a surgery

this weekend. Then she will be bedridden so can’t do anything prior to this

appointment. We are hoping to recognize that a month is a lengthy period of time, but

she isn’t able to do anything herself. She can’t help, as much as she wants too. She

needs reasonable accommodation for more time.

Moermond: that isn’t a concept that applies here, you understand that?

Kaufmann: yes. She has a disability and is doing as much as she can in spite of her

physical limitations.

Moermond: is she willing to turn over that responsibility to House Calls? Her physical

involvement would be her moving the things. But it sounds like before and after this

surgery she has been equally unable to engage in resolution of the problem. Quick

Turn can step in and deal with this in short order if given the latitude to do so. Have

you been in there?

Kaufmann: I haven’t, but I saw the photos. My understanding from her is the situation

when the inspector visited is the way it gets worse before it gets better. This was her

going through storage containers. She wants them sold or donated, not just thrown

away. I’ve been counseling her that may not be possible. In our calls she has

expressed her willingness to do so. There are issues with furniture being arranged that

may help

Moermond: so there are some cooperation issues here.

Kaufmann: my understanding is that she would cooperate.

Moermond: when we’re talking about things being kept, donated. That is someone who

is attached to all of this stuff, which spells hoarder. I understand the factors that

contributed to this being a hoarded unit. I look at these photos and I’m not seeing safe

egress. It wasn’t called out in the inspection report.

Imbertson: it is a related concern when we call out excessive storage.

Moermond: if Quick Turn went in, would she allow them to do that work?

Kaufmann: I believe so. I’m elder advocate with SMRLS. I’m trying to connect her with

credits for PCA time. In my conversations she has given indication she is taking

things out. She still has things, but she is doing as much as she can to get rid of

things. I said what happens if they tell you we cant dispose of things as she wants.

She has indicated she is wiling to get rid of it so she can stay housed in this unit.

Moermond: let’s tackle this in steps. By August 31, rather than an 80 percent

reduction, let’s look for a 50 percent reduction so that Quick Turn can do that and then

another 30 days we’d look for the return to normalcy and the balance of the material in

excess to be removed. She will have to let go of at least half, but it is a lot less than

80%. I’m going to say if she does get rid of half to the satisfaction of the inspector that

the condemnation can be lifted and it would become a correction order. If she doesn’t

get rid of half, the condemnation remains hanging over her head, and we’d put a vacate

date at the end of September. So half cleaned out by reinspection, if that happens the

condemnation is lifted and the other 30% needs to be done by a follow up inspection

end of September. If she doesn’t meet that goal and it isn’t taken care of by the end of

September, it will be reinspection on an order to vacate or compliance. That way she is

forced to engage with assistance to get it started. Her disabilities make me more

concerned about the ability to egress in a compromised unit. It is already bad for

anybody. We’ll send this to Council August 24.

Referred to the City Council due back on 8/24/2022

2:00 p.m. Hearings

Fire Certificates of Occupancy

RLH FCO 22-74

Appeal of Mary Callander to a Fire Inspection Correction Notice at 1378

LINCOLN AVENUE.

Tolbert

Sponsors:

Layover to LH September 6, 2022 at 2 pm for update on fire inspection and building

inspector on beams.

Mary Callander, owner, appeared via phone.

[Moermond gives background of appeals process]

Staff report by Supervisor Mitch Imbertson: this is a Fire Certificate of Occupancy

schedule for inspection with Jack Toeller. It was inspected and given an A rating, just

a few issues noted still on the report. There were 4 items, and one is for a permit

related to electric to a new boiler. That has since been closed. So item one is abated.

That leaves a dryer vent correction, ceiling beams that were cosmetic that were being

requested to be reattached or removed, and the smoke alarm affidavit. Reading the

appeal letter it sounds like the appellant is saying the affidavit was sent in, but that

hasn’t been confirmed by the inspector.

Moermond: what are you looking for today?

Callander: the other things have all been taken care of. The guy came and okayed the

furnace and vent. I sent in the thing for the affidavit. The only thing left are the beams

which had already been done a few years ago and I know when you look at it there is a

cap between the beam and the ceiling. They were fixed and there is no sense in having

them fixed again.

Moermond: so there is a spacer between the ceiling and the beam which leaves a

space. Looking at the photos there may be something going on because the spacing

is not even.

Callander: it never was. This is my home that I was born and raised in, I bought it when

my sister died. I live in a small bungalow that is four level. I’m moving back in here

when I need one level. I take person care of it. I want it in order for me to move back

into.

Moermond: you don’t live now and you have it rented, so it is a clean decision that you

belong in the program and subject to its orders. I hear you disagree on the order on the

beams and believe the spacers are what is separating the beams from the ceiling and

they have never been flush and it is safe. I’d like another set of eyes on this, maybe

we can have a building inspector look at it and give a second opinion about it. That

would give me some assurance and also you. Are you willing to do that?

Callander: I don’t think its necessary. It has already been fixed. I know what it looked

like before it was fixed, and after.

Moermond: I respect you have a difference of opinion but you aren’t an engineer, are

you? I have to deal with the safety of the resident. I am willing to work with you on this.

I just want confirmation that what you are telling me is true, because that’s the

responsible thing to do. I won’t grant your appeal without those eyes on that.

Callander: that means you have to disturb my renters again. He’s been disturbed four

times since the furnace was put in. They have to take off work.

Moermond: you are the owner; you could meet the inspector.

Callander: right, I have been there each time. They want to be there. They’ve been

through a lot. I’m comfortable with that situation. It isn’t rental property.

Moermond: if you have tenants it is rental property. You are not living there. I know the

building inspectors can be flexible in scheduling. If someone could get away for lunch,

I know they would work with your tenant on that. For anyone who lives in a dwelling this

is something that has to happen. We all have to take time away to deal with things like

this.

Callander: I understand what you are saying. The guy is already scheduled to come out

on reinspection on August 22.

Moermond: so to make it easier, let’s have a building inspector come at the same

time. Does that work?

Callander: it has all been done. I’ll have to check with her.

Moermond: so when you go the letter for August 22 did you arrange for the tenant to be

there with you?

Callander: not at this point because it was changed for another date. I’ll call them

today and see.

Moermond: it can be moved. We can be flexible about that. If there is a day that

works better we can deal with that. This isn’t trying to jam an inconvenient time down

their throat. I’m going to continue our conversation to September 6. Between now and

then, you work with Inspector Toeller and we’ll find a building inspector to come out at

the same time so there aren’t two different appointments.

Callander: that would be fine.