Lisa Martin Day 1 Deposition Exhibits

Case 0:05-cv-01348-JNE-SRN I

Document 213

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/ ' . The City of Saint Paul, Minnesota

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Title ofelass: J~~nvironmentalHealth Inspector

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r' Des~ription of Work

Code: 253A BU:O~ Effec~ve Date:'7/l3/l991

General Duties

Performs skilled technical work involved iIi investigating .complaints and conducting inspectiom; of public and private facilitiesto determine compliance with public health and safety regulations and ordinances; and perfonns related duties as required.

Supervision Received Works under the general supervision of a unit supervisor.

Supervision Exercised --.~

May exercise immediate technical supervision over lower level staff.

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Typical Duties Performed ~~ listed examples m.~y. not inc1u~e ~ th~ duties J?erform~d_by all ~ositionsin this ~lass.

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• Inspects interiors and exteriors ofbuildings to determine violations ofhousing code ordinances _ . and'regulations; lssues-suminons-for-non-compliance-with'applicable-laws;'" - . - - • Conducts routine monitoring inspections of unoccupied and vacant buildings to check for security, hazards, garbage and rubbish problems, tall grass and weeds, junk cars, etc.; issues the appropriate orders; and investigates _ by Fire and Health Inspectors. • the status of all buildings that are condemned I • Assists professional staff in carrying out investigations and educational programs in fields of public health. • Conducts ownership investigations ofvacant buildings; issues summary abatement and deficiency orders regarding these buildings; prepares the necessary documents to allow the City to initiate action to order the repair or demolition of same, in accordance with applicable laws; and'responds to the .various pu~lics regarding the s~tus of these buildings. ._ _ • Collects environmental-health samples such as food, water, soil and'pamt samples and submits them for laboratory analysis. . • Explains results oflaboratory tests and discusses corrective actions with owners/operators. • Inspects equipment and procedures utilized in public swimming pools, public schools, food handling facilities, day-care centers and other establishments requiring a license to operate in confonnity with City and State regulations. _ • • Assists the Police Department and other public agencies in criminal investigations; i.e., accompany police CIRT squad on drug raids to inspect and possibly condemn crack houses. • Performs pest and animal nuisance control work. • Monitors the pesticide ordinance in relation to lawn pesticide applications. STP 0442 • Reviews noise variance requests and investigates noise complaints. • Keeps records and makes reports on inspection activities; testifies in court. • Reviews laws, codes, ordinances and regulations; and recommends changes and improvements http://www.cLstpau1.mn.us/depts/humres/jobclass/titledef.php?code=253A ~.

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Case 0:05-cv-01348-JNE-SRN The City of Saint Paul, Minnesota , ~

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Document 213

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based on field experience. • Assists in the -training and development . ...:...:._.:-:.' -_.. --ofEnwonmental Health Aides and program interns. ,

Competencies • .• • • • • •

Considerable knowledge ofpublic health laws, ordinances, housing and building codes, standards and regulations. . Working knowledge ofpest and animal nuisance·control. Some knowledge of chemistry and related areas ofmicrobiology and basic sciences. Considerable ability to deal effectively and efficiently with the public. Considerable ability to think and speak clearly and concisely in stressful conditions. Working ability to observe physical conditions and relate to established guidelines, codes and ordinances. • Working ability to keep records of inspections. • Working ability to demonstrate work procedures and lead lower level workers.

Minimum Qualifications '-.

Associate of Arts Degree with 15 credits"related to environmental health or one ofthe following: 1. One year of experience as an Environmental Health Aide or equivalent and at least 30 credits or 360 hours of instruction in courses acceptable toward an Associate Degree. (No substitution for education;) 2. Two years of experience as an Environmental Health Aide or equivalent and at least 15 credits or 180 hours of instruction in courses acceptable toward an Associate Degree. (No substitution for education.) 3. Two years o~experience in a position equivalent to Environmental Health Irispector. Alist of the courses acceptable toward the Associate of Arts Degree in Building Inspection is maintained fu the Office of __ PerSOnnel an~~abo.r ~~~~ti~ns. Must possess a valid Minnesota Class D driver's license, or equivalent out-of-state driver's license, with-ii() susilensions orrevocatiorilfwithihlhe1Wo:.:year period prior to-the date of appointment (suspensions for parking-related offenses excluded).

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EXHIBIT 23 htto:/lwww.ci.stpaul.nm.us/deptslhumres/jobclass/titledef.php?code=253A

1113/2005

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Department of Neighborhood Housing nnd Property Improvemen t Rules and Procedures (August 1,2002) "

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Introduction

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Basic Rules Regarding Property Exteriors

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TimeUnes to Complete Work

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Procedures '. ..0 .. , \Vhen ,do we tag? A. I

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Correction Orders

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Work Orders

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Summary Abatement Orders

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Pre-authorized Work Orders

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Emergency Abatemept Proc~~nres "

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\Vben do we give extensions?

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\Vhen do we del-1ate from these rules?

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When do \l~e do "Field Finds"?

F.

\Vhell do we condemn a building?

Sanctions Schedule

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I. Introduction 'There are two main reasons for having written rules and procedures. First, to put everYone on notice as to what the rules are and what is expected fqr compliance. In other words, we \vant the pubJic to follow the rules. Second; our goal is to have consistent application of the rules by our s~aff so the public knows what to exp.ect ifthe rules are not followed. In other words, \ve want our housing code inspectors to follow the~e roles. .. gAt the outset it must be noted th~t t~e Department of Neighborhood Housing and Property. Improvement is responsible for aU residential si~gle family homes and duplexes, both for interior and exterior, but only the exterior of commercial property. The Department is!lQ! responsible for interior ofcommercial structures and is not responsible for interiors or exteriors ofresidential rental buildings containing 3 'or more units. The latter is the responsibility of the Fire Department Certificate of Occupancy program.

Ha ving said our goal is consiste~t application of these rules, it must be noted that it is not possible to have universal application ofthe housing code to every property, every day. We simply don't have enough inspectors or resources. Ifwe issued amisdemeanor tag for every violation,.every time. the court system would not be able to handle the volume. 'This means there must be some discretion allowed our inspectors in applying these rules, to decide which cases to get to fU'st, to decide which properties get the closest scrutiny, to sometimes attempt to achieve compliance in other ways than inunediately issuing a work order or misdemeanor tag. So~etimes just a conversation wi~h the property owner can achieve quick compliance. ' ,In' ~xerc'ismg this discteti~n. the riepartme~t ofNeighborhood ~ousing and Property Improvement"

has established the following' priorlties:,

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Cleaning up uproblem properties" Garbage and nuisance violations Falling down/dilapidated structures Interior habitability has a higher priority than minor exterior ,iolations Structures with multiple violations get priority

These 6 priorities are not exhuaslive, but reflect the type ofcases we'll get to first and apply the highest scrutiny. By the end ofthe week we, are usually !!ble to g~t to all the other cases tp.at ba~e been called'to our ~ttentiori, such as fi:
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Inherent in exercising this discretion, and in applying these priorities. it is DOl always possible to draw abright line between where inspector discretion ends and consistent enforcement begins, but having a written set orrules, procedures and priorities is a good starting point. Please let me know your thOUghts and comments.

Andy Da\\'kins~ Director Neighborhood Housing and Property Improvement 651-266-8427 August, 2002

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II. Basic: Rules Regarding Property Exteriors'"

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Grass and weeds must Be cut (8 inches is maximum height for lawns).

2.

Sidewalks must be paslflble - no overhanging brancheslbushes . - shoveled in the winter

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There can be no accumulated garbage; ~o brush piles. NOTE: Property owner is responsible for clean-up even ifsomeone else dumped it.

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Garbage only in proper containers with covers.

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Clean-up all animal feces.

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Remove all graffiti. NOTE: Property owner is responsible even ifsomeone else did the graffiti.

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Cars that are not in a garage must be: a) Properly licensed (no expired tabs over 90 days) b) Operable and secure (no broken out windows) c).Parked on approved surface (not grass) Firewood must be:

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Elevated off t.he ground (not sit dh:ectly on the gr~und) '. Stacked no higher then 6 feel' . ' . '. ' • . , • ...' t Stacked 10 feet away from house

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No unreasonable exterior storage. ..

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Compost must be properly composted and stored.

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No stagnant standing water.

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No rodent1\infestation.

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No broken windows.

14.

No dilapidated or d'angerous fences, garages) s~eds or'structures:

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Sidewalks and stairs must be safe.

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No Uattractive nuisances" - anything that kids could be attracted to and perhaps hurt.

17.

No hazards:

no open holes or wells no jagged pipes no open foundations no dangerous trees or limbs DO abandoned refrigerators

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'" For complete list of our Rules) see St. Paul Legislative Code, Chapters 34 & 45) or get copy of the "St. p Resident Harldboo1cu •

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III Time Lines to Complete 'York·

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· 0f ' garb " · •••••••..•••••..•••••.•••.•.••.••••••.. Large accumu Iatton rotllng age Hazardous \vaste ••... " Anything deemed hazardous. potentially dangerous or a serious threat to the public healthJ welfare o.r safety·· \ " '.* •••••••••••••••••••••••••••••••••••• '. Oro g Parap hema)J8 " •••••••••••••••• Rotting animal carcass-· , '" . III

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Abandoned property accessibl,!o children or conducive to illegal activity : : .•••••.•. A fallen tree or limb with potential ofcalJ:5ing damage or hann··.•••••••..•.••.•...•. Stmcture that has collapsed or in threat ofcollapsing** .• , •, ',' ••• , , .•.... , : .•..•..• Refrigerators, open containers, open holes, jagged pipes or something similar \vhich could injure achild·· . .• bl' 'd lks** , Sno\v or Ice on pu lC 51 elva . Vehicles parked on unapproved surface (can only tag, not tow for this violation) ...••••• '. brok en se\ver plpes • Open se\ver connections. ••.••••••••••.•,••••••.•.•••.• , ...• Accumulated dog or other animal feces...... •.•.•..••. " •...• ,., •..••••.•• , ••• " ..• Garbage v i 0I atlons . , *'" Uncut taU grass and/or noxious \veeds** ••', ••. , ....•••.•••••••.• " •.••.•••.• , .. Unsecured, inoperable or dangerous vehicle·'" •".••. , , ••..•.••••••.••••• , ..•••• , , Ra\v se\vage·· .

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Standing stagnant \\"ater·· . . or pest harborage and'Inlestahons ~ . "'''' •••. , ••.•• , •, •••.• , ••• , • , . , •.•. , ••.. VennIn

Graffiti· * " "..................................... "",. . Discarded appliances which do not pose a hazard"'''' •••• , •.•• '.' •••.••••.••.•••••.•• Improper storage on the roof of a building" •• , ••••••• ,., •. , ••• : •••.•• , ••••.••. , Rubbish/jUnk/yard w~stelbrush pileslover$1"own bu~hesJ .trees, vines, etc""', •• '.' •.•.•• "' , , Broken doorS, \vin~ows, r~i11~gst etc. on the exterior ••. ; •. , , : ~ , •• , •• , ••• ',' •..••• ', . , d* * ' '~ .; . ".. Vehicles not currently license ~ ; 4c Unapproved compost storage· " ••••• ,. ••••• " ••••••••••••• Unapproved sto,rage or excessive storage ofmaterials and ·goods""'·.•.••••••• ,' •••••• , ••• Unapproved piles of flIe\Vood : . Deteriorated or dilapidated fences and accessory structures" •• ••• • . • • • • •••.•••••. , • Unsound, deteriorated, dilapidated garages & outbuildings which are not hazardous** •, • Defective retaining walls. private sidewalks, walkways, stairs which are not hazardous·'" . Lack ofapproved groWld cover " " " ". ". ". """ ". ".. Interior \vork generally.. , ".. " ". """ """ , . "" "..... '.' ".. ".. ".. """".... All other exterior ~'ork, such as eaves, roofs, soffits, painting (generally 7-30 days, but depending upon the season up to 180 days-ifwe give a long complaince peri()d, in some cases there will be a mid-point r~inspectio~ to make sure progress is being made so no extension will be necessary.)"

0-24 hrs. 0-24 hrs.

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0-24 hrs, 0-24 hrs, 0-24 hrs. 0-24 hrs. 0-24 hrs. 48 hours 0-4 days Q-4days 4 days 4 days ' 4 days 4 days 4 days 4 days 4 days 4 days 4 days 4da9s ,4-7 days 4-7 days 7-10 days 7-10 days 7·10 days 7-10 days 7-30 days 7-30 days 7-30 days 7-30 days I-3D days 7·180 daj's

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* These time lines were set with the following thoughts in mind.

First, the law requires us to give the proper O\\ner a reasonable amount of time to complete the work depending upon the seriousness or danger of tl situation. 72 hours, not including the day ofinspection, is theminimum required by law, except when dangero~ Second, generally things that are due to the fault of the property owner (and should never have happened in tl first place) are given a shon compliance period, and things that are not due to the property o\mer's fault (SUI as damage caused by tenants or trespassers), or things that require a contractor to be hired, are given a long compliance period. The time lines are also based on the nature and severity of the "t;olation. Basic life-safe violations and nuisance violations are given the shortest time possible.

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** This item can be subject to a summary abatement. A Summary Abatement is used for anything that constitut a nuisance and is where the City can send a work crew out to do the work ifthe propertYowner does not comp If the work withln the time line, Generally, summary abatements are allowed for things that can be removed eliminated. but not for improvements, such as painting, etc.

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IV. A. When Do 'We Tag A misdemeanor criminal tag cart have serious penalties, up to S1,000 fine and 90 days in jail. The St. Paul Cit· Attorney and th~ Ramsey CountY District Court have agreed to treat our tags as serious offenses. In part V. the~ is a "Sanctions Schedule" that the Court will use in our cases: . It is important to remember that even though you may be given a certain amount of time to complete the wo. from an inspection, you can sti!1 be tagged for having the problem in the first place. The Judge may inquire if)'o have rectified the problem, but you still can be found guilty even though you cleaned it up.

Here are the situations when we will issue a misdemeanor tag: 1.

When there is a prior history of code violations. If this is the second time we've had to write you correction order within the past 2 years for the same or a similar problem, you will be tagged. If this i the third time we've had to write a correction order in the past 2 years, it doesn't matter ifit'~ the sam or a similar thing. .

2.

When there has been non-compliance with a correction order or when compliance is not likely and tt: prpblem constitutes a nuisance.

3.

When the violation is serious or egregious and future such problems m~tbe deterred. .. .' . . .. . ..... ..... ..

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When ·the'subject property or Mother pr~pertY'ofvourts has been'deteon1b'ed t~ be a "problem propertv' we will issue tags regardless ofpast history or compliance. A problem property can be defined as whel there a.re both bui1~ing rn.ai!1te!l~ce.i~s~~,:ir:l~ ~uisance behavio! is.~ues ..

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When vou are cauahtup in a "sweep", Every so often different neighborhoods will beflyered announcir that we will be doing a "sweep" in a few days. If you don't take care ofthe problems before we show lon "sweep" days, you will be tagged.

6.

When vourneighborhood is part ora communitv cleanup program and you ignore your n~ighborsreque to volunta..ily cleanup. (Good Neighbor Program, etc.)

,7.

Other soecific situations that result in tags: we also issue, tags for other violations of~he city's legislati' code, such as . a) occupancy of a c~~demned bttilding mOlor occupying a vacant registered building b) allowing occupancy of a condemned building c) failure to register residential rental buildings with 1 or 2 units d) failure to post o\\llership notice e) failure to pay the annual vacant building fee

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IV. B. \Vhnt nre

(1) Corrections Orders (2) \Vork Ortters

(3) Summary Abatement Orders (4) Preautbori2ed \Vork Orders (5) Emergency Abatement Procedures

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There are occasions when we will issue oral orders for minor problems. Ho\vever, if this doesn't result i compliance then a tag or work order will likely be the next step because you have already been put on notice. (1)

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'(2)

A correction order is different from a work order because a correction order cannot result in the cil coming out and doing the work if you don't. Correction orders are issued when the proble~ to t addressed is not abateable under the legislative code. A correction order is the predicate for issuing a u if non-compliance. A wcii'k order is ~vhen the violation is abateable umier the iegisia~ive coci~'anci constitutes a nuisance. 11 City will send a crew out to do the work for you at the end ofthe compliance time line if you haven't dOl it yourself. The city. charges for this .service. Work orders are most.often.issuedat the.time of r inspection from an abatement order.

(3)

A summaxy abatement order is the first notice given to the property owner to abate the nuisance violatio Failure to comply will result in a work order.

(4)

A upre-aut~orized work order" is when there will be no re-inspection. The city work crew is told to ! to the propbIty on the first day after the compliance period expires and do the work ifit hasn't been don Generally, a preauthorized work order is used whenever we issue sununazy abatements for tall gras weeds or snow/i~e ..

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Emergency Abatement Procedures alio\v to take munediate' acti~n when there are critically dangero conditions on privateproperty, which, ifriot abated immediately, pose aserious threat to the health, safe and well-being ofthe community. A list ofsome ofthese conditions appear on our time lines page whe we atlow zero time to comply. The property owner is given the choice to ta.1<e immediate action or ha the city take immediate action.

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IV. C. When Do 'We Give Extensions

An extension can be granted when there has been a good faith attempt to comply with the correction order, b\ circumstances beyond your control havC? kept you from completing the \vork. An extension may also be grante when you have made substantial progress on completing the work. Common reasons for granting an extension include: (1)

. (2), (~)

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(4)

Inability to comply due to health reasons or other family emergencies and you have a reasonab: alternative plan for getting the work done. Inability to comply due to the weather. :You've hired,a ~ontr~ct9r, bu~ the contF8:ctor has ha~ a !lelay, We JIlay give ~ short reasonab' extension for this reason upon verification froin, the contractor confirming the delay. . ' Inability to comply due to lack offiIiancial resoUrces: We may give a short reasonable extensic for this reason but only upon a reasonable belief that your financial situation will improve in t1 near future and awritten agreementbetweellthenolator and inspector, A ~~g:wi11 be issued jfI.lc compliant afthe end of the extension:

Common reasons for not granting an extension:

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(1) (2) (3) (4) (5) '(6) .

severity ofthe violation. initial time was ample. length oftime owner knew ofthe violation. history ofproperty. the effect on other agencies. . unlikely owner will comply even witp. extensi~n: .......

All extensions must be in ,,,.riting and the reason for the extension must appear in the "Inspector's notes" secti ofthe inspection report.

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IV. D. When Do We De\'iateFrom TbeseRules

. . We will rarely. if ever; deviate on these rules. Time line extensions are not consi~ered a deviation; we will grant extensions in accordance with extensions policy. A deviation is not tagging when these 111les indicate a tag should be issued or starting with a different time line than these rules indicate.

The reason for any deviation on the time lines must be enterep in the "inspector's notes section of inspection report and reported to insp'ector·s supervisor. lt

We will occasionally deviate on when we tag and when we do sununary abatements. Again, the reason for any deviation must be included in "inspector's notes"and reported to supervisor. If supervisory staffnotice that we are having a significant amount of deviations, this may indicate that the rules need to be adjusted to reflect the circumstances ofwhy we we're deviating so much.

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IV. E. 'Vhen Do 'Ve Do "Field Finds"

A "field find" is when the inspector comes across a code violation while helshe is.on another assignment. It is impossible to write up every "field find" because we \\ill never get to our aSsigned work. The amount ofufield findsu we write up depends upon our work load. If we have time to write up afifield fmduwe will. However, we will always writ~-up field finds when it is a dangerous . condition, or serious situation, or a problem property, and we will usually write up "field finds" when there is a prior history ofviolatio~s.

"Field finds" are also typical when we are on an inspection and we see the very same problem nextdoor or near by. . •

or course, when we do a "sweep" or when your neighborhood is part of a community clean-up pro~,

then everything we find is written up• . ..

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IV. F. When Do 'We. Condemn A Building

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Whenever a structure is deemed dangerous or unfit for human"habitation, we will order the structure vacated) sometimes immediately. but usually after a short compliance period has expired and the occupants are giv.en 1 to 30 days to find alternative shelter. Condemnation occurs when life-safety violations exist, such as file hazards, unsanitary conditions, severe rodent and pest inIestation,lack ofbasic facilities, faulty construction or dilapidation. '.

Ifprincipal violatlons are corrected prior to the vacation date, the order to vacate wiU be lifted. If p'rincipal violations are corrected after the vacate date, once corrected the dwelling can be reoccupied

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HOUSING COURT SANCTIONS SCHEDULE

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Offense

Recommended Sentence

" III Offense no priors w/in 3 years Compliance before arraignment :

Agreement to Suspend Prosecution(ATSP) 560.00 court costs $40.00 prosecution surcharge

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no priors w/in 3 years No compliance before court 111 Offense

no priors no compliance by court ordered return date

ATSP Comply w/in 30 days $100.00 court costs S100.00 surcharge

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Above ATSP vacated Misdemeanor: 90 days and S1000 $300 fine

21ld Offense 1 prior w/in 3 years Compliance before arraignment

Misdemeanor wI Stay. of hnpositlon 5200.00 fine No same or similar

2M Offense w/in 3 years No compliance before arraignment

Misdemeanor wI Stay of Imposition Compliance \V/in 30 days No sIs S400.00 fine

2nd Offense w/in 3 years No compliance by. return date

Misdemeanor 90 days and S 1000 $500.00 fine.

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Misdemeanor 90 days and S1000 5700 fine plus jail time .ComrruiriitfIi'ripaci panel

3'" Offense wfm 3 years .

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EXHIBIT 23

-.:.•:._..-:"'.. ~

_

""7-7'"-~ ~~.~

050092

,. I

Case 0:05-cv-01348-JNE-SRN

Document 213

Filed 08/20/2008

Page 14 of 28

.

.

~

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V. Sanction Schedule [This section is stUl being worked-onj

.'

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STP 0012

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EXHIBIT 23

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Case 0:05-cv-01348-JNE-SRN

Document 213

Filed 08/20/2008

Page 15 of 28

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Case 0:05-cv-01348-JNE-SRN

Document 213

Filed 08/20/2008

Page 16 of 28

:(' 02-01

..

M~~'~Irl{ ZJ:;- ~ I 910 611i Street East ~~-,~~)

02-21

674 Burr

t:./o -AA.e"J

02-22

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02-03

771-773 7 Street Eas(~~

02-04

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02-05

267-269 Bates~~~k;

02-06

987 Euclid ~()O~1VIf \.oJ ~Ccl'T~~

02-07

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02-27

812 Stewart

02-08

600 Beaumont 'CLQSElC:..")VA.~1J\

02-28

276 Forbes

02-09

.~ 70LD~oto 'T-t~ ( S/tj c. 0 I Jot. :s{f' ~ y- , . ---It oS,""J /oJ 1Sr- ~fA}tJ..c.1;.c. ftl/jlf S~

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476 Minnehaha Ave. Eas(n:~~~)

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02-15

599 Payne Avenue (CLOSE) IAN~ t"S'~imJl2-35

02-16

591 Payne Avenue ~$(!>T'b''S:>J'tN.

02-17

573 :Ps)'ne Avenue (CLO~E) C ~ l. ~ L'0fir:r...

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r EXHIBIT 23

Case 0:05-cv-01348-JNE-SRN -;:...---

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!f

Document 213

a~

Filed 08/20/2008

/·/i}LCiJ/ / f-~F1

(v ~V\c.,(.,r-( _ S" ¥'V\

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Official Proble

v

Page 17 of 28

rt~r7"~

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ro erties List

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2-09

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02-26

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(Landlord EViction)~('J£~o.:.:-f;/

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2-12 2-13

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476 Minnehaha Ave.

1(Pl

812 Stewart

02-28

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02-29

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02-30

686 Canton

02-31

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Eastd~~

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02-36

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02-33

0

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0

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050140

Case 0:05-cv-01348-JNE-SRN

Document 213

Filed 08/20/2008

Page 18 of 28

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EXHIBIT 23

Case 0:05-cv-01348-JNE-SRN

Document 213

Filed 08/20/2008

Page 19 of 28

.,

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File

Pr.°,eerty

02-01

910

I~ b'j"Hey

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e Street East

CAD

File

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02-03

Property 599 P~Avenue C@Osedl/ . (Unable to substantiate) 591 Payne Avenue €dJ) (Unable to substantiate)

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573 PayneAvenue~sed») (ESNDC Secured Option)

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(!\,J-ou.~) EXHIBIT 23

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·050142

Case 0:05-cv-01348-JNE-SRN

Property

File

02-31

489

I

Filed 08/20/2008

File

CAD

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02-29 02-30

Document 213

~O~/It

Property

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Page 20 of 28

"-c"tA't ~/~ "......, 1353'l>ayne Avenue

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02-41

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02-43

02-44 02-45

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EXHIBIT 23

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EXHIBIT 23

Page 21 of 28 Filed 08/20/2008 Document 213 Case 0:05-cv-01348-JNE-SRN

Case 0:05-cv-01348-JNE-SRN ••

Document 213 --

Filed 08/20/2008

~ ,

Page 22 of 28

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050145

Case 0:05-cv-01348-JNE-SRN

Document 213

r'

... . P 03-peOl 03-PC02 03-PC03

~77 E. 7 ST 947 MARlON' T1

1045 FREMONT 833 DELA WARB

03-PC04

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Page 23 of 28

,c...-~

B PROPS

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Filed 08/20/2008


FIELD "FIND (FF) INSPECTORJPOLICE -'1 INSPECTOR H#o/V't. CITIZEN CITIZEN ClTIZEN CITIZEN

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746 BIDWELL

crrlZEN

42 DELOS 537 TOPPING 344 WHEELOCK

WEST SIDE COMM MEET POLICE INSPECTOR

EXHIBIT 23

050146

Case 0:05-cv-01348-JNE-SRN

Document 213

Filed 08/20/2008

Page 24 of 28

PROBABLE CAUSE SHEET 8r. INVESTIGATIVE NOTES FORPROSECU110N OF CITATIONS

Citrtion #9048"-8350 ,Date 06107104 Address ofPropeny: 921 York Ave. Name ofperson cited Frank J. Steinhauser

Offenses

Inspector

1) Failure to maintain exterior stroeture. 2) 3)

Statute

1) 34.09 (1 A-D) 2) 3)

Ordinance

1)

This file has been open since OSiIS/03. Orders have been sent to the PO 10/23/03. The PO's attorney is Patricia Whitney who sent a letter to Marcia Moennond (Legislativ'b Hearing Offier) on 4/26/04 requesting an extension to correct the deficiencies per the cOITeCtion notice by June 1, 2004. On June 71h• I re·inspected to find there has been no change to the property. I took a photo. _8Jit'\0f.mijo~JtitfigainsfUs for harrassmentll! Owner(s) of property: Frank J. Steinhauser Person in control ofproperty: Same . ,Explain how you know Who the violator is: According to property taxation; he is the'property

.,

oWne~

Type of identification made

1 3

Property Records Verbal

(Yes) (Yes)

Previous Correction Notices issued on. See orders With Compliance Dates of: See orders Explain why you issued this citation Hwudous/dangerous condition Repeat, chronic violations

To enforce compUance Repeat multiple calls to property

Compliance of orders Nuisance Condition Problem Property

NOD

Urgent .

. ..

Signed

A copy afthis document has been forwarded to the City Attorney's Office by:

STP 1693

EXHIBIT 23

.-

Case 0:05-cv-01348-JNE-SRN

STATEOFMlNNESOTA COUNTY OV RAMSEY

Document 213

Filed 08/20/2008

Page 25 of 28

) ) ss )

AFFIDAVIT OF LACHAKA COUSETTE

LaChaka Cousette, being duly sworn on oa~ states and alleges as follows: 1.

I am a Minnesota resident currently residing at 915 York Street, St. Paul 55106.

I have one minor child, a daughter, age 5, that lives with me. I also have a minor son who now lives

with his father. 2.

From May 1, 2001, until approximately 11-21-02, my two children and I lived in the

upstairs apartment located at 910 6th St., St. Paul, Minnes~ta. Our landlord during that time was Frank: Steinhauser. I had rented fr0I!1 Mr. Steinhauser for about one and a halfyears. 3.

On the morning of October 21, 2002, a knock on my door woke me up. I answered

the door in my night clothes. When I opened the door, a St. Paul housing inspector and a St. Paul police officer were standing directly in front ofme. They identified themselves as Lisa Martin and Officer Koehnen. Ms. Martin said she and the officer had to come in to inspect my apartment because the downstairs apartment was being condemned. She also told me that, ''We are going to be condemning other properties of Mr. Steinhauser's." The police officer was towering over me about two feet away from me. I told Ms. Martin that I did not want them in my apartment. Ms. Martin said that they had to come in, that was the reason for the police officer's presence and it would be for my own good. Because ofthe Police Officer's presence, '1 stood back and they walked by me into my apartment. 4.

r-'

Ms. Martin and Officer Koehnen went around the apartment writing things down on

a clipboard and ·~gpictures. Ms. Martin asked me about my plugged toilet I said that I had not told Mr. Steinhauser about the toilet and that I wanted to try and unplug it on my own before telling

EXHIBIT 23

Case 0:05-cv-01348-JNE-SRN

r

Document 213

Filed 08/20/2008

Page 26 of 28

Mr. Steinhauser. Ms. Martin then told me that it was Mr. Steinhauser's responsibility to unplug toilets, not mine. I told Ms. Martin that my children were always doing something to the toilet to plug it up. 5.

Ms. Martin asked me ifI had any trouble with. rats. I told her that one time I had frozen

meat in the kitchen and that when I came back the meat was gone but the package was still there. I

had heard noise that I thought was a rat and so I told Mr. Steinhauser about it. He baited for the rat and after that I saw one dead rat. Mr. Steinhauser took care ofthe rat problem. I told Ms. Martin that I had not had a problem for three or four months. Other than that one time, I had not had a problem with rats or mice. 6.

Ms. Martin also told me that the ceiling was caving in and that there was going to be

some mold that would be coming in and that could cause me to get sick. 7.

Ms. Martin informed me that the apartment was going to be condemned and I would

have to move out. I asked where I was supposed to go to and Ms. Martin told me to go see the Community Stabilization Project people. 8.

During the inspection and my conversation with Ms. Martin, Ms. Martin called Mr.

Steinhauser a "slum lord" and told me that he preys on poor people, African Americans, and people that can't afford it, and that Mr. Steinhauser doesn't do repairs on his properties. She told me that I should sue Mr. Steinhauser for all the money I had paid to him in rent since I moved in a year and a half before because the place should have been condemned from the start. Because of these comments, I feel that Ms. Martin was trying to talk me into starting a lawsuit against Mr. Steinhauser. 9.

I infonned Inspector Martin and Officer Keohnen that for the last week Mr.

Steinhauser had been at the apartment building doing repairs. I told them that he was a good

r

2

EXHIBIT 23

Case 0:05-cv-01348-JNE-SRN

Document 213

Filed 08/20/2008

Page 27 of 28

, I

landlord to me, and that he would do repairs when I asked him. 10.

After the inspection, Lisa Martin and Officer Koehnen condemned my apartment and

the whole building - and my children and I were forced to leave our home. We were happy living there and we did not want to leave. 11.

Community Stabilization Project contacted me and tried to get me to say things

against Mr. Steinhauser that were not true. They said they would try to find an apartment for me. However, they did not help me find another place for my family to live. 12.

My apartment and the building should not have been condemned. The only thing the

inspector could find was the plugged toilet and yet they condemned my unit and forced me to leave my home. 13.

r

What was done to Mr. Steinhauser and to me and my family was wrong. Any little

thing they could fmd during the first inspection, they were complaining about. Ms. Martin and the police officer were nitpicking things in the apartment - they created a big list of problems out of nothing during their inspection. 14.

Mr. Steinhauser and his repair workers had already been at the apartment building

doing work before this first inspection. After the inspection, Mr. Steinhauser and his worker continued to do repairs. But, the inspector came back and wrote up more repairs, continuing to nitpick my apartment. I realized the City wasn't interested in helping me but was after Mr. Steinhauser to get his apartment building condemned. 15.

Due to the City condemning my apartment building, and losing my home, my life

changed for the worst. At the time ofthe condemnation, it was getting cold. Christmas was coming and I and my children had no where to go. My children asked me why we had to leave our home. They were heartbroken. It was hard to fmd another place to rent.

r

3

EXHIBIT 23

,

,...,

.

•

Case 0:05-cv-01348-JNE-SRN

16.

Document 213

Filed 08/20/2008

Page 28 of 28

My children and I had to move in with my mother. I could no longer work because

I was too far away from the temp work agency that had helped me find factory work. When I lived

at Mr. Steinhauser's 910 ()lh apartment, I could walk to the temp office and would then be given a ride to my place of work. After I was forced out of my home at 910 ()lh Street, it was too far from my mother's place to the temp agency so I could no longer work. The father of my son started threatening me with legal action to take my son away because I did not have a home for my son and was not providing any stability to my family. To relieve some ofthe stress, I consented to let my son go live with his father. My children were upset, and they did not understand why they had to leave their home. 17.

My mother had a fire in her home and I and my children had to vacate her home.

Since the condemnation of my apartment at 910 ()lh Street, I have had to live in more than 10 different places....just staying with friends, family or in shelters, until they would tell me and my children to leave. The whole experience following my loss ofmy apartment at 910 6th Street in St. Paul has been a nightmare experience. 18.

Before the City inspected my apartment, whenever I had things wrong with the

apartment I would call Mr. Steinhauser and he would come to my apartment and make repairs. I was happy with the way he responded to me.

FURTHER YOUR AFFIANT SAYTH NOT. Your Affiant hereby certifies that she has read the foregoing and hereby verifies that the statement is true of her own knowledge.

~~.

Dated: - - - - - -

LaChaka Cousette

ROBERT WIWAM CARTER Notary Public Minnesota My Commission EJcpires Jan. 31, 2006

My commission expires: 4

EXHIBIT 23

)4t\ 31 J

z.oe'-

I

•

Case 0:05-cv-01348-JNE-SRN

Document 213-2

Filed 08/20/2008

Page 1 of 22

NOTES OF THE PROPERTY CODE ENFORCEMENT HEARING Tuesday, December 10, 2002 Room 330 Courthouse Marcia Moennond, Legislative Hearing Officer The meeting was called to order at I :35 p.m. STAFF PRESENT: Dean Koehnen, Police Department; Lisa Martin, Neighborhood Housing and Property Improvement (Code Enforcement); Michael Urmann, Fire Prevention

970 Euclid Street Lisa Martin reported that she originally went out to this property on October 15. Later, she sent a letter to the occupants requesting to do an interior inspection. She sent one correction notice to the owner with fifteen items listed for the first floor and second floor units.

,.. J

Mark E. Meysembourg, owner, 772 Cook Avenue East, appeared and stated he intends to show that the inspection on November 14, 2002, was improper, illegal, and a violation of his and his tenants rights under Article Four ofthe U.S. Constitution and Saint Paul Legislative Code 5] .07C. Also, he will try to make the case that the use of a police officer with a housing inspector violates the basis ofEnglish Common Law. Among other things, an officer must declare his intent when entering the property. The use of this inspector was a ruse entry to obtain entry for a police officer. Although a ruse entry has been upheld by many courts to be reasonable, it is always shown that criminal activity was strongly suspected. The facts are that eight properties on one.block were targeted, the method of using a housing inspector violated City statutes to obtain entry, and this was a violation of his Fourth Amendment rights; therefore, he contends the correction notice is illegal and should not be considered. His tenants are here and he would like to question them. He can also question both inspectors. Ms. Moermond stated the issue is whether the tenants allowed the inspectors into the building. Mr. Meysembourg responded he is not prepared to acknowledge that the inspector's report is valid, and he is not going to address it. The following tenants appeared: lessha Hunter, 970 Euclid Street, Unit 1, Lower Unit; Kevin Allen, 970 Euclid, Unit 2, Upper Unit; Tami Fortune, 970 Euclid, Unit 2. Ms. Moermond asked did she say the inspector could look in her apartment. Iessha Hunter responded she allowed the inspector in, but she felt she had no choice because the inspector was persistent on getting in the apartment. She never received a letter about an inspection nor a phone call. She was asleep when they carne to her door. The landlord told her that she would know ahead oftime about any inspections. She did not want to let the inspector and the police officer in the house because she had company from out of town and her kids were still asleep. She was upset. She said at the door that she did not have any problems in the apartment. When she does have problems, Mark is there right away to take care of them. "'~!!!!!I!I!!!!!!! Ms. Moermond asked what happened when the inspector came to the building. Kevin Allen responded that he works nights. He heard a knock on the door. He asked if they could come back, but he was told they had to enter. He thought they Were going to call Child Protection

EXHIBIT 24

STP 015121

I

•

Case 0:05-cv-01348-JNE-SRN

Document 213-2

Filed 08/20/2008

Page 2 of 22

. "

PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 10,2002

Page 2

because his kitchen was dirty at the time, although it is not usually dirty. The inspector noted on the report that there was no deadbolt on the door, but there is. Also, the inspector complained about an eye hook on the door because there are kids in the hOllse, but she did not put that on the report. Tami Fortune stated she was in bed when they came in. She heard someone at the door and she heard Kevin tell them to come back at another time, but they budged their way in. She did not walk with them through the apartment. She did receive a letter that they were going to inspect the apartment. In the letter, it stated the landlord was aware of the inspection, which is done yearly. Ms. Fortune contacted the inspector a few times to infonn her when she is home. She works from 8 to 12:30. The inspector called that morning. Melissa Burdine (phonetic) was there. She told the inspector that Ms. Fortune was not home, and the inspector came anyway. Ms. Martin reported she has a copy of the No Entry letter that was sent to the tenant. Nowhere does it state it is an annual inspection. She was in the neighborhood and tried to call Ms. Fortune. A young lady answered the phone and said that Ms. Fortune was home. Ms. Martin told this lady to infonn Ms. Fortune that she is in the neighborhood and would like to do the inspection. Later, Ms. Martin knocked on the door. Mr. Allen answered the door and said the house is a mess. Ms. Martin told him she was not at the house about the messiness. At that point, she could see a smoke detector hanging from the wall. He did let them in, and an inspection was done. Ms. Martin stated that Ms. Hunter had been sleeping. Normally when there are problem properties, they do not call and notify tenants they are on their way there. Ms. Martin asked Ms. Hunter if she could do an interior inspection. Ms. Hunter said she had company and they were sleeping. Ms. Martin told her that it would take a few minutes and she won't wake them up. Ms. Martin responded "Fine." Ms. Martin said that when she goes into the units, she identifies the tenants, birth dates, social security numbers, writes down the unit's deficiencies, and sends the notice of deficiencies to the owner. There was no forced entry into the property, but there were a lot of corrections that needed to be taken care of by the owner. Ms. Meysembourg asked if Ms. Martin was aware of Saint Paul Housing Code Section 51.07C under inspection. Ms. Moermond responded she is going to defer on that because she does not feel this is the appropriate time to engage that question. Mr. Meysembourg stated Ms. Hunter indicated that the inspector was adamant on entering immediately. Officer Dean Koehnen, Saint Paul Police Department, reported he is assigned to Code Enforcement. As for the downstairs tenant, when he is asked to not enter a property, he does not. As for the upstairs person, he was not involved with the second contact. The inspector went upstairs and into the unit without him. For matters concerning correction notices, Ms. Moermond stated, she is here to decide ifthe inspector acted appropriately and if their findings were consistent with the condition of the

EXHIBIT 24

STP 015122

Case 0:05-cv-01348-JNE-SRN

Document 213-2

Filed 08/20/2008

Page 3 of 22

"

PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 10,2002

Page 3

building. Her job is also to provide a decision for the City Council to ratify. The owner can appeal her decision to the City Council, and there is an information sheet to explain that process. She noted that she has no discretion over English Common Law, the U.S. Constitution, Federal Laws, and State Statues. Ms. Moermond denied the appeal on the Correction Notice dated November 15, 2002. She finds that the inspector did act appropriately in entering the units. They were allowed to enter by the tenants, albeit with some reservation. 579 Laurel Avenue Michael Urmann reported this building is in a historical renovation site. The windows of Unit 8 do not meet the minimum requirement of 5.7 square feet. The largest window the owner can use is 5.1 square feet. He will support the appeal to allow the owner to install a 5.1 square foot window because that is all that will fit in the existing hole and it does meet the intent of the code. Ms. Moermond asked is he requesting a variance to the fire code. Mr. Unnann responded correct. The fIre code specifically asks for 5.7 square feet, but it is impossible in this instance for the person to install a window of that size. Ms. Moermond granted a variance with respect to the size of the escape window from the Fire Code specified 5.7 square feet to 5.1 square feet in each sleeping room of Unit 8. 325 Cedar Street Ms. Moermond stated it is her understanding that James Crockarell, Manager of Degree of Honor Building, has been working with the Division of Fire Prevention. Ms. Moermond laid over this matter to the December 19, 2002, Legislative Hearing at which time the inspector will discuss their concerns.

1619 Selby Ayenue Ms. Moennond stated this appeal has been withdrawn and the filing fee has been refunded. 118 Litchfield Street The following appeared: Frank J. Steinhauser, owner, and Patricia AE. Whitney, his attorney.

r

Ms. Steinhauser stated they are appealing the time frame of several of the orders. Some items were listed to be done by about November 22,2002. The orders themselves were dated November 18 and not received by the owner until November 20. She appealed due to lack of reasonable opportunity to repair as is required by the statute. It is her understanding that there are only a few items that still need to be rectified.

EXHIBIT 24

STP 015123

Case 0:05-cv-01348-JNE-SRN

Document 213-2

Filed 08/20/2008

Page 4 of 22

The Conununity Stabilization Project (CSP) 801 Sel1y Avenue S1. Paul, Minnesota 55104 phone: 651.225.8778 fax: 651.225.4160 e=ail: [email protected]= "The mission of the CSP is to spark low inco=e people, tenants, people of color and new immigrants to organi2e and take amon to preserve and the increase the supply of afforclable housing in the =etro area."

February 5, 2004

Dear Tenant(s) of 7if4- E. Lawson The Community Stabilization Project (C8P) has been contacted by the City of 81. Paul's Code Enforcement Department with regards to potentially condemning this property due to activity that IS considered by the city to be a nuisance problem property. '.

• :. -...

-

f , .. ~ ••• ' _••

Please contact our office .sothat we can dlscuss this with you. Our number is (651) 225-8778. Thank you

__....- ..... -_..;". .... ,.;----... _. __ .- .._.....;_._._-

~-_._---_._~.

..

-...;..-.----~_._-~-=----_ _~---

060179

r EXHIBIT 24

---"-

-'-_.'~

Case 0:05-cv-01348-JNE-SRN

o Status Open

CAD

X

pg.)

Document 213-2

Filed 08/20/2008

' . ,

Code EnforcenlentProbl~l

Prop.ertl~s Q:j.!lYe~ber 13,2002) /{2.1-o ~e.e.. P~~AI<® J

File No.

Address

02-01

910 61h Street East

.

Page 5 of 22 fJE'L ',' J

-/Yl~~Y

II ; I

..

WI

IiferrA{;// .' (.Ii C~f..u

cJJ.

;.,... -IJ

l- . 7(

ta..t\Pt76ur ([)

I.)

"

Rcferral Source

Owncr *OWllS

Multi Prop

Steinhauser, Fraryk J.*

.

Occ. & Unit No.

Notes

Denise

Active Force Fifo - negative Code Enf. Possible flTenanl Remedies Actionu

Galloway &: Acl~a A

Cousent

... Excessive Consumption

"

Wanl to check inside. 11/13/02 -~ov~~lbcr 21,2002 court dntc((fen~l Remedies ACl1O'ii't\ Open

X

02-04

234-238 Bates

M & M. Properties·

~

.

7

e,

~

t} It)

I

lC

\J..

,

COA - radio Mark irlhcy see drug dealings Children being hllsslcd. OwIicr will cOlnply wilh our rcC.lucsls. 10/16/02 -lnnclivc.~ Force b~ 11/1 3/02 - gel occupants (MafK) Mike McCarly owner. Exterior clean. Check on Ft1rcc bill.

Open

X

02-05 ... .. .

.267-269 Bates

tenant problems, shorls fired, people banging out on porch *Exeessivc ConsumpLion Will meet about excessive

Casci, CarlosIKelly*

;,

.I

consumplion - dnl~l ~ 10/16/02 - tnnclivc - To Forco bin. 11/13/02 - Nol mnny eollcissucs 011

exterior. Inside is ~l qlto~tion. Check on Force bill.

r:J)

~

l-d

o o

0\

Q\

L

L" 24 EXHIBIT '::.

050147

L

Case 0:05-cv-01348-JNE-SRN

Document 213-2

Filed 08/20/2008

Page 6 of 22

---_..

Open

X

02-07

959 BucHu

r

.

Webster,

Charlotte

VcmonIRegentrick 011

JOlles Fosler

.. TG&W tug. rClluc~,1 10 dismiss lhe tag. Check ownership 10116/02 - Infested with mice. Condemned·11/1/02. Tenants moving 11/1/02. Ilus to fix UP• 11113/0t.::chcck nnd see i r tenant0

contract for deed Hessler owns. "=

left. 02-12

0Il en

719 Burr

~\

i

Possible ~11e. Community group (rying (0 buy to lease to seniol" menls on wheels. 10116102 - Commerciul. LIEP pullitlg license. Going to VB? Steve working with Pnl Fish.

Abuhcjlch, Assim

\CuJUf'

02-14

Open

507-513 Minnehaha

Krahn, Kenneth

Ave. East

(y'PA- 1)-(

Gi°o-\ b\.. .(.J

.

*Exccssivc consulJ1(llioll 10116/02 - Owner will let us

~.

EXHIBIT 24

nnd

)ovict ifproofofdnsg use. (Walkway

lot-

for seniors). May be a problem owner with lip service and minimum

~~~

without renl follow Ihn1. 3 duplexes. 1 - 4 plex. Gcl eviclee names. 10/30/02 - 3 lcnnnis evicted, owner cooperating.

..

.

-try to gel inside, code to the max

1~1;r~ give copy of leuse :lgrccmcnLinWill .J:

cc..-

L

{~el" T"7'\L-.

050148

l

Case 0:05-cv-01348-JNE-SRN Open

X

02-19

Document 213-2

I~~rdgc, Teresa/Glenny.

498 Beaumont

. , .

Filed 08/20/2008

~.,

tg

Page 7 of 22 garbage SA, cxlcriur CO, tag - have force look at this properly Continuance for dismissal if they

provide screens, planl grass in 30 days, repair broken windows in GO days. l.JDtt6/02 .. Drugs. T11I11Cd over to

O'f"\ .,.-

t'"(l'1~

£' Forc~dull stlllllf owncr.

Owner losing house ill bnnkruptcy. If letter to vacalc, thon we cun calch it for

~ 11113/02 ~k on bankru-pcy.

VB. Open

X

02-25

923 Desoto

Wood,Allen

Montez,

follow-up

Antonio

Tenant drug dealing, fireann,

Burnette,

disorderly housc, revolving door of people.

Joralne

11/13/01 - 1l:!C!1If'C! with occupants. (~reen asked us to keep~ ~

EXHIBIT 24

L

L

Case 0:05-cv-01348-JNE-SRN Open

X

02-27

812 Stewart

Document 213-2

McBride. GayharVMarlcne

Filed 08/20/2008

Page 8 of 22

Candidale ror Nuisance Abatemenl Case. Maureen will sond letter, followed with com1 order. Need luore info 011 criminal damageselling items taken in burglary Utreats being mode. Exterior ll1nintennncc, remove vehicle~ going bock nexl Tuesday. 10/16/02 - Mel wilh council member, neighbors III prohlem property,

()vJ~

. p

~~~<'\"r-Q' . };~f'" ~

Ov(./

\)c1~ \V

dysfunctional nunity, criminal activity. Recolllmend leller Gayhart.

,"

~ 1I--(rP-

~~

-

(

Crilnes ofviolcncc-,,- 1. property crime al!llinsl n";......nR/?'Nuisancc : ) ~atement."" 30 day leller re . behavioml issues. Aficr letter - 3n1 nuisance needed to gel an injunction. (#50k bond. 10/30/02. fixed n lot, cleaned up and

built walls und roor. A little junk left nol much. Shed in back had stuff piled 011 it room cnvcu in. Chief work a letter staling nuisance

property. ..

L· ~

. .....

EXHIBIT 24

050150

L

Case 0:05-cv-01348-JNE-SRN

Open

x

02-28

I ~~olSki.

276 Forbes

J

Document 213-2

Pamela

(

~

~~

Open

02-29

489 Bay

I---+---+-----t------

Open

X

02-39

670 Edmund

, "'f - ·

~

~~ ~

V·

\.,\"

,-

~

;-

'.

,('

10116 will bc condcmned today. Occupant trying lo gol financing (hasn't tunlcd in pnpcrwork) Behavior occupancy. 11113/02 - All animnls gOllC, slill has 1 dog and 1 cnt. check on police calls, codc - clcnn. Belly Momn asked Lo monitor.

~,":;',c~r.~)' Checking unknown pro~ (\ ~ .---f-----~~--------.....,c:::;--_1

~ ~~\"%. \~}\1r'JY-<":

.~ ~ ':-tV') ~

"',"

maintenance, possible drug dealing.

-

-, \ )

•

-

Page 9 of 22 Code to the I1111X - j;-ct-.t-ls----, Fights, disturbances, animal control, WO for gnrhngc-

, '. " ',0;:;::; '\ u~ .. <, '. "'.

. ,.., 1 I b {'<'I I "' (J/ \ #11 .I.J.l ' .. ' ~~ (l.Jv_ .\? Y '" r' ~"':}" r ~v, .. -"" '\ r "f '." '. \..9" ur -, r n\~ JJJ- V~ .J\: Lr k \ ~~ ,'-!.;~

I'J-

,.

Filed 08/20/2008

r ~..-c/~J'i\...,J"Lo~ Z t.{.

57 calls 11/13/02 - cllL'Ck :nul sec ifquicl-

look again. )

Open

x

02-41

687 Edlnund

Open

X

02-42

699Ed~

Open

X

02-43

654 Edmund

~~.

..".

Open

X

02-46

"

Hessler, Rnymolld/Kathryn*

11113/02 - check nnd sec ifquietlook again.

Hessler, RaymondIK.athryn*

Apears to have been sold 11113/02 - check :lI1d sec ifquietlook again.

Hessler, Ra}'1nondlKathryn*

11/13/02 - check :tIul sec ifquiet-

970 Case Street

look again. 25 calls, animals, Ililbull. lrnsh, no

ground cover Behind in Rentnl Registration 10/30/02 - Eviction will be givcn.

11113/02 - giving 1 month notice to move after occupnnl has'baby.

(J)

l-j

toO

o

o

'...:J

o

L

EXHIBIT 24

050151

L

Case 0:05-cv-01348-JNE-SRN

Document 213-2

Jim Reiter

Open

02-50

1102 Sylvan

Balka, Thomas

Open

02-51

1560 Weslcnl Avenue

Harper, BarbaralMichael_

N011h

Filed 08/20/2008

Page 10 of 22 Jim Reiler reCerml

Condemned. order (0 vacate by 10/23. No stll1:1111m:ks across doors. VB would like 10 I:lke il over as Category 111. 11/13/02 - go hi\ct, (,\Ul, I\ceds Code C011lpJinncc before he can occupy.

~bW"tP£P ~p

~~ 0'1'" fI!-i ,.~ fP;.!;' Fp:~ A

nuisance behavior

,

02-52

Open

5 Jessamine Avenue

] unkcr, JaimeIMaurcen

Jim Reiter

Easl

Open

02-55

Anderson, Barbara L.

930 Dl1chcss

\ ?.

~1:

~-14.

Inactive CU· To Fnrcc bin. 10116/02 - Upst:,irs condemned by

.

~ {-"~< ') ~~ ~// C!(, ~~ <9-

Open

.

Gingold, Archie

02-59

991 Payno

02-61

1093 Hudson

Jhll Reiter relorml _

~--------.-- ..

Prill. No work done since condemnation. ,. .

42 police calls. - {enanls ordered out, owner

paying for (cuani hOllsing. Need' update on tenants, Send to VB 11113/02 - no progress in cleaning 111', remains in VIl, possible demo. 10/16/02

ro Fo,'cc bin.

Police issues, pit bulls, code

. Ganl, Hosie

.~'1-

Open

02-62

1024 Euclid

02-63

756 Juno

~~I

L

f (i\\ff'S~

Steinhausc.·, Frank Weber, Dennis M.lll1cal\

F.

11113/02 - 25 cnll,;, domestics, driving bclm vior, n:rg, LIEP,

Tax Owner - Anthony R.

Building Codes, ;mtm:t] controll J/7

Gnrufalo

unlicensed llog:

L

EXHIBIT 24

050152

l

Case 0:05-cv-01348-JNE-SRN

Document 213-2

Filed 08/20/2008

Page 11 of 22

.Open

02-64

1293 Birminghmn

l,

(tfC~\~O

.. Opon

02-65

J

719 Sherburne

.

Torgersen, Roger W.

Ilf13{02 - 4U Ct,H~. nn\1\lal cotllrol look dog ycslcnlny~ vehicle low, garbage rubbish. owner occupied

Steinhausef. Frank .

11113/02 - 48 culls, tlssaults, donlcstics, tenks, mice, Tale

~17flr 02-66

Open

Open

02-67

598 Western North 271 Marin

Cox, DO~

'f1Tl"-

11/13/02 - 20 cal b.;~ renled, code ol1going~

Kelly, Kraig R.

..

~~"' 02-68

523 Western North

control did

.

11/13/02

RaymondIKathryn. Open

02-69

390 Lafond

12 calls, domestics, nurcolics, Force just closed, exterior code, aninlal

~let\ V

interim'

11/13/02 -lirsl flmw vucanl, fented,

,¥

.. .Open

Danielson lisl

~.,

.,

( Hessler] Kathryn C;

.

.

1m: '(\:t:q- ~ '.~

J 1113/02 - code issues

- ... ".-- ....... _.-

~

.

~l(\viso.

.

;

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..

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i •

~.,

13~ f...Chr. A~~C>."'J J-:)...e { J)j; (<. ~ L(~\

/70 L~'\.D-L

____

-

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;,

..

.

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I

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----

.

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7/3 l+Jf~l'~ (~ ;;l.-3~) 6uQ J~e...t);"~ { CJ- -OEl.J (oJ~ b(~

..

,R2, ( ..:-...rv,-..

EXHIBIT 24

......

.

_.. - .

..-.......

_-

.. - . 0501~

3

Case 0:05-cv-01348-JNE-SRN

Document 213-2

Filed 08/20/2008

D/fr 11},lJ'.... ,I2·eo

I~

n•

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0 ___

v-..... -t..... w--a ~

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Page 12 of 22

t'J

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.

.11 \) ~ - t.< ~. A ~~t-t.-I. d~fr

-v

.J..\.$:-71 ,. A'A",

Problem Property Closed List (November 13, 2002)

Jrile .No.

Address

CJosed

02-02

776 7lh Street East

Closed

02-03

771-7731 th Street East

ShUns

CAD

Referral

OWDC1"

*Owns Multi Prop

Oce. ..."-t. Unit No.

(Landlord ~ooperation with Fire)

McCartt{y, Holly/Janet* McKinley Ross Lewis

dangerous, eng did interiors .. no

Elder

Possible "Tenant Remedles Action" candidate

G~~-

extension-need violations ASAP.

83)5 ;

X

-....

02-06

02-08

No condemnation. no tags, CO need to know what is

outstanding. Owner working with neighborhood and us to do background check for tenants. (Landlord EvictioqYOJN\ftlJ,fNt.k987 Euclid

Shaw, EriclYvette

()~ .

Closed

~nOlthat

Langness. Timothy/Babette

~'" R..w<-.

Closed

Notes

600 Beaumont

Thomas. Joseph

~ o£,c.·

dangerous dog/fence taken care of, outstanding warrant. no driver license

{Owner Compliance} (Vacant Building) .. condemnation an? boarding

STP0073

EXHIBIT 24

050154

L

Case 0:05-cv-01348-JNE-SRN

SSIOSO Closed

,

02-09

Document 213-2

Filed 08/20/2008

~.

Zahnow, GaryNictoria

701 Desoto

~

. Closed

02-10

707 Desoto

Delisle; Steven

Closed

02-11

426 Minnehaha Ave. East

Davis, EdwardfTerri

Page 13 of 22

mgmt company has been fighting, exterior tag, garbage tag (Unable to Substantiate) (Unable to SUbstantiate)

\C(.lly ~~( (.o ~i r-y ~ur:~~"

(Landlord EViction)

I

~ (irn:J)

Closed

b2-13

476 Minnehaha Ave. East

Yang,Seng

Closed

02-15

599 Payne Avenue

Ruiz, Jose

Closed

02-16

591 Payne Avenue

Bump, Robert

(Unable to Substantiate)

Closed

02-17

573 Payne Avenue

Ondrusik, Robert/Sharon

(ESNDC Secured Option)

02.18

671 Bedford

Langer, Vern/Gail

Closed

X

--=---

(Landlord EViction) (Unable to Substantiate)

U~~·rXeer )Possible drug activity.

(\? ru'\

.

(Vacant Buildings)

Closed

02..20

662 Burr

Moua, Karry/Hauly

(Unable to Substantiate)

Closed

02..21

674 Burr

Menelik. Sundiata

(Unable to Substantiate)

02-22

664 Burr

Witte, James

Closed

X

-.'l..

pe~ v)l

Closed

02-23

510-512 Hopkins

Chu Yang Hau, YinglYang

Closed

02-24

745 Desoto

Hanson, Philiip'

Closed

02-26

789-791 Ashland Avenue

Public Hou~ing .. Agency

-

-

STP0074

EXHIBIT 24

(~~~

Tenant Remedies Action (Unable to SUbstantiate) (Unable to Substantiate)

....

p.-\-r~

PPre-\'

(Unable to SUbstantiate) (Landlord Eviction)

t

Case 0:05-cv-01348-JNE-SRN

Closed

·x

02-30

Document 213-2

Filed 08/20/2008

Page 14 of 22

Cortez, Thol)las'Mvian .

686 Canton

.'-Mark·and.Joht

( Condemnation

. Closed

02-31

1353 Payne Avenue

Closed

02-32

614 Ashland

Closed

'02-33

713 Bedford

New

McLevish, Marylou

/JJJtdf' ~.

Own~rCl

Has problem tel _...... (Unable to SUbstantiate)

I

.

'

(Unable to Substantiate) Steve will handle.

Gillette, Holly/Laverne

(Vacant Building) 02-34

Closed

Jones, Cavin R. St.

418 Blair

O~.

(Demolition .. Vacant Building)

E)(,.(,.

Closed

02-35

718 Sherburne

Kill. Richard

(Vacant BUildin~ and vacated. I\~ .

Closed

02-36

1072-1074 Kingsford

Lavick, GranVFix, Michelle

(Unoccupied) Vacant for sale,

Closed

X

02-37

1654 Sherburne

Bankers Trust of CA Trustee, Countrywide

Home Loans

clean

l)dn~ W6.:\·\l(~S ~

~:tr\(,v

(>.p
_ .....L..

Closed

X

02 38 M

667 Edmund ~ 1lSV""'

O'l~~.

-

Hessler,

~

Raymond/K~thryn*

152 cans, garbage - fire Appears to have been sold

New Owner Co~pliance

-

L

garage (potential), domestic calls Prostitutes living there. Building issues. 10/16/02 - Hold for now. Complied. Minor exterior violations. FORCE hit this too. Going to be evicting. landlord Eviction

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EXHIBIT 24

050156

L

Case 0:05-cv-01348-JNE-SRN

Closed

rX

Closed

Document 213-2

02-40

02-44

657 Dale Street North

'l)'O

Hessler, Raymond·

Appears to have been sold New Owner CompUance

Jahangiri t Kos

(Landlord Eviction) 10/16/02 - cooperative owner. To

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02-45

1286 Rice Street

Donnerbauer, Patrick/Peggy

Closed

02-48

1030 Loeb

Burton,RodneWAnn

852 Alberma~lb'

~I.,

Closed

02-53

16 assaults, rats. cars~ garbage (Condemned) New .Owner Compliance (Unable to SUbstantiate)

(Unable to Substantiate)

~~~)

I>

Jim Reiter referral Unable to Substantiate

Evanson, Gatimul Coreen Yvonne Gatimu

944 Euclid

10116 - Serious code violations. Owner occupied. User. 38 police calls. VB condemned? Try to get to VB Cat. II for code compliance.

....... Closed

02-54

J.J/r/ J J

o~~ \fl'

02-47

02-49

10/31 for window on order. Eligible for ATSP. Ha~ted some tenants. ProM.

Connor, Anthony

489 Hatch

Closed

Closed

Page 15 of 22

At1.r~

674 Edmund ~\'

Iji.""#r1~)1 vJ' ~Closed

Filed 08/20/2008

Vacant Building (New Owner)

McKinneYt Renee

980 Euclid

~'

DL..V -.#

10/16/02 - Did SA exterior and

tagged on previous uncleared orders. 24 police cans in last year from Lantry - Open new case. Both code and police problem. Owner Compliaqce

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EXHIBIT 24

050157

L

Case 0:05-cv-01348-JNE-SRN

Closed

.

02-56

Document 213-2

928 Marion

Filed 08/20/2008

liP! ~.

0

.

.

10/16/02 .. Rental. 40 calls. domesticates, drugs, code.

. Owner Rick Pantera, cooperative with code enforcemenl A lot of traffic. Strategy - get back with owner. 10130/02 .. 1sI floor tenant out as

of 11/30/02 Landlord Eviction

02-57

Closed

Page 16 of 22

2044tdaho

Albrecht, Dwayne E.

Syring. '.

10/16/02 .. (Landlord Eviction)

Date Schmeig,

'Mellisa ,

02-58

Closed

Oleary, Terry J.

1235 Margaret

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10/16102 .. Code Enforcement 10 visits this year. Flop house. 2

small children.. Ramon Esparolini in receivership, Problem tenants. Do code to the max to help eviction.

.1 0/30/02 - Marsha Morman and Jerry Strathman hearing

tomorrow. Back door open property appears vacant. Tenant needs to get items out. Water is still off. Garbage, interior code violations. Foundation is

...

concern. Send to VB Landlord Eviction .. Vacant

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EXHIBIT 24 ~

050158

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Case 0:05-cv-01348-JNE-SRN .' ..

Document 213-2 .

Filed 08/20/2008 .

Page 17 of 22

NElGHBQRHOOD HOUSING AND PROPERTY IMPROVEMENT

:Andy.J>Jlwkins,.Direuor

1-

CITY OF SAINT pAUL

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.- ." :Jilil'C'1.2004

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1600 WhileBtJZrAve It. SainI P,,,l/, MN SS106.1~OB

Randy C. KJ!11y. Mayor'

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Tel: 651·266-1900 Friz: ISH-llS6-/921S

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Y0r. hlds ~ koj hais Ius Hmoob thiab.~ 1IU tD taub tsab .Dtawv llQ, hu JlIU tu~ .1Jlhais IllS nlawm (651) 266-19]8. Nwiyoipab daWb zwb. . . Occupant #2. . 7M lawson Ave E. SL Paul, MN 551(16-3]18

Sandra Harrllal

. 780 Charles Avenue StPanlMN SSi04 DamllLcwis

704 Lawson Ave E St Paul MN 35106-3118

CORRECTION NOTICE RE:

704 LAWSON AVE E

File#: 02-110051

Dcar Sir or Madam: The City ofSaint PaUl; .Citizen Service Office. Division of Code Enforcement has inspected the above referenl:ed property on May' 27, 2004 and has deicrmincd that the following deficiencies exist in Violation of the Saint Paul Lcgi&I~

Code:

1.

. 2. .

____ .

. _

The ~indows and/or storm wiJidows arc in Ii state of disrepair. Replace 1111 missing or broken window glass. Make all necessary repaim to frames. sasbC5, hardware antIllSsociatcd trim in a professional manner. Pemnt may be required. The wind~w ~d1or door screens arc missing: defective or in a' state of disrepair. Providc-proper' . window and door screcDS for all opcnable windows and doors. Screens must be tight-fitting and" securely fastened to the frames. .

3.

The exterior walls and/or trim of the house and garage has defective, peeled, fiakca, scaled Of' ,chalking paint or has unpainted wood surfaces. Scrape and repaint to effect a sound condition in . a professional manner. .

4.

GARAGES AND ACCESSORY STRUCTURES. All garages and accessory structures must.be in sound condition and secure from. unauthorized cntl'y. Repair or replace an~ missiDg doolJ. window~, or ~dware for same.

5.

Garage; The roof is d~tCrioJ'B1Cd, defective, or in a state of disrepair. Repair or replace the ro'of covering to 8 so~d, tight and water impl:J'Vious condition. Permit may be required .

0.60276

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~;me 1.2004 Case 0:05-cv-01348-JNE-SRN

Document 213-2

Filed 08/20/2008

Page 18 of 22

.704 LAWSON AVE E pBge 2

Hpuse & Gan!ge: The fOlJ1ldation is deterionted, defective or in a state of disrepair. Repair aD foundation defects in a professional manncr to a weather-tight. water-tight M.d rodent-proof

6.

condition Permit may be required. 7.

Provide all fixtures with 'bulbs and globes.

8•.

Secure the gas line in the basement.

9.

I.ac~g4elld.bolt

door loc:k&' Provide. one-inch throw deacl.bolt locks for !III cnlIY goon; to dwelliUg"uriit(ii). ' ,'," .,;:' , : . '. .: , ," " . , . : . , " ,. .. '" ....".. '...

RcpairJReplace broken entranee door to unit #2.

10.

Items # 1-9 from Correc:tilmNotice dated 05-05-04. with I

8

compliance date of 05-26-04.

These deficiencies are Ifill nl!t In compliance.

You are hereby notified tD comct these deficie~ies in accordanee with the appropriate codes. The Enforcement Officer will reinspect these premises on or about june 14, 2004, at which time the violations noted must be corrected. Failure to correct these deficiencies may result In the issuance of crlmbud summonscs and further enforcement action deemed appropriate by the Enforcement Officer. All repairs and ncw inS1allatio~ must be . made in accordance with the appropriate codes, PCIIDits may be obtained'from 11Ie Building Inspection and Design Section, 350 81. Pe~ StJ"cet Suite 300, LoWlY Profcssi~ Building (651) 2~6-9090.

an

, YOlI may file appciU to 1his notice by contacting the City CIClk's Office at (651) 266-8989. Any appeal must be made in writing within 10 days of this notice.

IT you have any questions or requesf !1ddltional,information, please contact me. To arrange an appolntmen"t or requ~~ extension of time to complete rcp~, you wiD D~ til speak directly to- me :It·65~..,~66-1''OS. ;

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Sincerely,

Lisa Martin Blldge#316 CODE ENFORCEMENT OFFICER

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jg ·WARNING Code inspection and cnCot=:n=l trips cost the talpllycn 1J1lI1lCY. IfIhe vlolatians an: nol CDn'CC1cd IIIflbln the lime period ~uiRld in . ibis nolie:, III: city's COllI In conducting a ~DlI dlu the cbic dal: fllT I:llDlllliancclllfD be collected frem the owner ",Iller than being ]laid by the lD]laym mthi'City. If' additill1lll new l'iDlatillllS ue discovered IIIftIriD 1be nm fcDowiDg t2ll1C1ltlls. tile city's COllI in CllDducting adtlltianlll inJpce1iOllC III this nll1C 111Cl1tian w1lhin such 12 1IllliI1hs will be collected from tlu: owner nther 1ban being paid by the lIXpayCll of Iho city•• A3rI .ueb futun: CCISlS wiD be collected by DJSemmnl cJlllill51lhc Telll JlI1lllCfIY and an: In addition ID Dny other fines OTuscmnmts which may be levied againslyou'w ~lIurJl'll1lcrt)'. . CD

12103

AA-ADA-EEO Employer

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EXHIBIT 24 :.

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Case 0:05-cv-01348-JNE-SRN

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Filed 08/20/2008

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EXHIBIT 24

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Case 0:05-cv-01348-JNE-SRN

-NEIGHBORHOOD 'AND PROPERTY IMPROVEMENT Document 213-2 FiledHOUSING 08/20/2008 Page 20 of 22 An4Y DawkillJ, Dirce,or

CITY OF SAINT PAUL

1600 WJr~B_A1ieN. SainI Ptnll. MN 551D6·/608

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www.cLstpaul.mn.us/depts/code_enforcement

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1)meli'Lirivii ... -. ;'-

780 Charles Ave

704-LawsonAveE

St Paul MN 55.104

StPau} MN 55106·3118

'Dear Sandra Hanila1, and others. if listed:

On May 21, 2004, :this department-conducted an insPection of your property at 704 LAWSON AVE E and because

you were not compliant with a previous order

YOU.ARE BEINGBn.:LED $50.00 for-the cost oftbis inspection. This is in accordance with§34.08.4 of the Saint Paul Lcgisla~e Code. Payment is due upon receipt oftbis letter. Make your check payable to the "City of Saint Paul" and mail your payment to: " . -. .

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Ne!gbbOT~oap Hou.~ing and Prop¢y ImptOVcment. '.. . Excessive::CoIi~ption·'Unit.. .

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-1"600 'White Bear Avenue .. . 81. Pau~ MN 55106

If you d.D not pay with·in 30 days' . the a~~~~! ~f this bill. pl~ administrative costS. will be assessed to your property taxes. '!

NOTICE Your property is next sched.uled for a ~SPECTION on

June 14, 20'04 . .'

.. ':

WARNING 1

rFYOun6'NoTiiAViimVIOLATION(S) CORRECTED BYTImNEXIINSPECI'ION DATE, June 14, 2004, YOU WILL BE BILLEl> AN ADDp'IONAL 575.00. CALL THE INSPECTOR D' YOU RAVE ANY QUESTIONS: Lisa Martin, at 651-266-1905 If this is a rental property that is required to be registere~ unoer the City's Rental Registration program. YO)) are requested to arrange an interior inspection, of the property. Failure to arrange such an inspection may result in revocation of your registration.. This is,in ~cc~rdance with § 51.06 {a}(i~ 8nd.. §51.07(a)(iii)~f the Saint Paul Legislative Cod~. Failure to pay this bill.:wi~ result in ~evocation ofyour T~gistration:

Sincerely, Andy :I;>awkins

060279

Director cc.frm 5104

.....

.. EXHIBIT :

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24

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,y,'0:05-cv-01348-JNE-SRN Case Document 213-2 08/20/2008 Page 21 of 22 City of Saint :P~ul. Department ofNeighborhood Housing Filed and Property lmprovement ./

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June 1.2004 EXCESSIVE CONSUMPTION ,INVOICE # 384911 File-#: 02-12P051

Property Address: '704 'LAWSON AVB E Property PIN: :2~2922140123 ,r-lI.Tsn~·e·.,.~-A",,'U"_""' Owne •. _'._ .;.; .... '::':'-:.'::':;... . ,~:_~ ~_. _~r!:J.:!~,.i~~W:P::.L~.LQ.I.}.UAl, •.. .;.._-'.. ~

Fee Description

"Amount

"

. "Excessive CODSUmpti~n 8:50 Fee

$ 50.00' .

Payment is due upon receipt"of this ie~. , Failure to pay within 30 days win result in tbis amount being assessed to your property taxes.

.

,

,

Make your check,payable to the nCity, of S,aint Paul". , , Send payment to: Neighborhood Housing and Property Improvement Excessive ConsumptiOn Unit 1600 White Bear Avenue·· ,St·PaUl. MN 55106

Keep this portion for your recor~:

Date Paid:

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AmtPaid:

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RRCurrent Deficiency: X Cut HERE - - - - - - - ~- - -. - - - -' -:I<- - - - - - - ~- ;. - - - - - \llr- - - - - - - "llot- - - - .- - -3<- - - - - - - ~- - -.- _ _ _ .

RETURN'this portion with your payment -City·ofSaint·Paul, :Department ofNeighborhood HoUsing an~.~pertY.Improvement ·EXCESSIVE CONSPMPTION PAYMENT INVOICE # 384911 dated June 1,2004 " File#: Property Address: Property PIN:

Owner Name:

02-120051 704 LAWS9N AVE; E

I

292922140123 Sandra HarrilaI

,Fee Description Excessive Consumption $50 Fee

Amount $ 50.00

RR Current

060280

Deficiency:

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EXHIBIT 24

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St Paul MN 55104

780 Charles Avenue

Sandra HmiJai'

Neighborhood Hou.rin, and'Property Improvement 1600 White BearAvc:nllCl . .,SaintPaJA~},IN 55106 ,f':t ..

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Page 22 of 22 Filed 08/20/2008 Document 213-2 Case 0:05-cv-01348-JNE-SRN