HomeMy WebLinkAbout2019 03-19 HCPAGENDA
BROOKLYN CENTER
HOUSING COMMISSION
March 19, 2019
7:00 p.m.
Council Commission Conference Room
Brooklyn Center City Hall
1) Call to Order: 7:00 p.m.
2) Approval of Agenda
3) Approval of Minutes: January 15, 2019
4) Appeal Hearing for 5240 Drew Ave N Rental Corrections
5) City Council Liaison’s Report
6) Chairpersons Report
7) Other Business
a) Joint Commission/Council Meeting - April 2, 2019 6:00pm to 8:00pm
b) Reschedule, Continue as Scheduled, or Cancel the April 16, 2019 Housing
April 16 Meetings:
(1) 7:00 PM Park & Recreation Commission
(2) 7:00 PM Housing Commission
(3) 7:00 PM Police & Citizens Award Ceremony
(4) 6:30 PM East Palmer Neighborhood Engagement
8) Adjournment
Page 1
MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE
CITY OF BROOKLYN CENTER IN THE
COUNTY OF HENNEPIN AND STATE OF MINNESOTA
REGULAR SESSION
February 19, 2018
COUNCIL COMMISSION ROOM
CALL TO ORDER
The Brooklyn Center Housing Commission was called to order by Chairperson Goodell at 7:00
p.m.
ROLL CALL
Chairperson – Mark Goodell - Present
David Johnson - Excused
Tamika Baskin – Present
Kathie Amdahl - Present
Joan Schonning – Present
Michael Stokes – Not Present
Paul Oman - Present
Also present was Staff Liaison Jesse Anderson and Council Liaison Marquita Butler.
APPROVAL OF AGENDA
There was a motion by Commissioner Amdahl and seconded by Commissioner Oman to approve the
agenda as submitted. The motion passed.
APPROVAL OF MINUTES
There was a motion by Commissioner Schonning and seconded by Commissioner Oman to approve
the minutes of the Housing Commission meeting on January 15, 2019. The motion passed.
INTERNATIONAL PROPERTY MAINTENANCE CODE DISCUSSION
Staff Liaison Anderson provided and overview of the IPMC.
Chairperson Goodell: Why is Section 107 not adopted?
Staff Liaison Anderson: Explained that Section 107 is covered in the different section of the
City Code and therefore it’s not recommended to be adopted.
Commissioner Oman: How will updates to this code be brought back for approval?
Staff Liaison Anderson: The new versions of this code would likely be reviewed by staff
and brought back for updates if needed.
Page 2
Commissioner Oman: Noted numerous sections were codes such as NFPA 70, 80, 105
that were cited as not adopted.
Commissioner Schonning: This very educational to review.
Chairperson Goodell: Is there any other feedback on the IPMC and what is the next step?
Staff Liaison Anderson: Will have it reviewed by City Attorney and will bring back in the
summer or fall.
NEW NEIGHBOR BAG CONTENTS
Staff Liaison Anderson: Reviewed list with Commission and will include updates.
COUNCIL LIAISON REPORT
In the absence of the Council Liaison no report was given.
CHAIRPERSONS REPORT
Chairperson Goodell reported: Updated snow emergency information has been on social
media.
Commissioner Schonning: Attended the census meeting. There will possibly be info to be put
into the New Neighbor Bags regarding the census.
OTHER BUSINESS
There was no other business addressed by the Commission.
Staff Liaison Anderson: We will bring goals and responsibilities to next meeting if we don’t
have another agenda item.
ADJOURNMENT
There was a motion by Commissioner Amdahl and seconded by Commissioner Schonning to
adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned
at 8:00 p.m.
__________________________________
Chairman
CITY OF BROOKLYN CENTER
HOUSING COMMISSION
RULES FOR APPEAL HEARINGS REGARDING COMPLIANCE
ORDERS UNDER BROOKLYN CENTER CITY CODE, SECTION 12-1202
Right to Appeal: A person whom receives a compliance order with respect to a rental
property has a right under Brooklyn Center City Code, Section 12-1202 to submit a
written appeal of the compliance order. The written appeal must specify the grounds for
the appeal, be accompanied by the required filing fee, and be filed with the department
of planning and inspection within five (5) business days after service of the compliance
order.
Procedure: Upon the proper filing of an appeal, the City provides the appellant at least
five (5) business days’ notice of the time and place for hearing the appeal, which must
be held within thirty (30) days of filing the appeal. The Housing Commission serves in
an advisory capacity to hear the appeal and to issue a recommendation to the City
Council. The City Council, sitting as the Board of Appeals, then hears the appeal,
considers the recommendation from the Housing Commission, and then may act to
reverse, modify, or affirm, in whole or in part, the compliance order and may order the
return of all or part of the filing fee if the appeal is upheld.
Scope of Appeal: Brooklyn Center City Code, Section 12-1202 specifically limits the
scope of an appeal to allegations that “the compliance order is based upon erroneous
interpretation of [Chapter 12].” Any allegation not related to an alleged erroneous
interpretation of the applicable standards is beyond the scope of an appeal and shall not
be heard by the Housing Commission.
Hearing Process: The hearing will be conducted in accordance with the following
process:
1) When the agenda item is reached, the Commission Chairperson will review this
hearing process and the hearing rules (below).
2) City staff will present the staff report, which the Commission received in its
packet.
3) The Chairperson will call on the appellant to present (no more than 20 minutes)
and the Commission will hold its questions until the end of the presentation.
4) The Commission will ask any questions it may have of the appellant.
5) The Commission will discuss the matter and act to make a recommendation to
the City Council.
Hearing Rules: The following rules shall apply and must be observed by the appellant
and anyone attending or presenting on the appellant’s behalf at the hearing. If the
appellant, or anyone testifying on appellant’s behalf, fails to comply with these rules the
person may be ruled out of order and the appellant deemed to have forfeited any
remaining time to present to the Housing Commission. The rules are as follows:
1) All comments must be directed to the Commission Chairperson, not to others in
the room.
2) The appellant, and anyone speaking on the appellant’s behalf, must limit his or
her comments to the inspector’s alleged erroneous interpretation of the
applicable standards regarding the specific items of noncompliance identified in
the compliance order.
3) Each person testifying must clearly state clearly his or her name and address
before speaking.
4) The total time allotted to the appellant, and anyone speaking on the appellant’s
behalf, to speak during the hearing is limited to 20 minutes (this is a combined
total limit, not a per-person limit).
5) The appellant shall not attempt to engage anyone in a conversation or ask
questions of the Housing Commission (other than procedural questions).
6) No shouting, cursing, or other disrespectful behavior is allowed.
7) Anyone disrupting the hearing may be asked to leave.
DATE: March 19, 2019
TO: Housing Commission Member’s
FROM: Jesse Anderson, Deputy Director of Community Development
SUBJECT: Appeal of Chapter 12 Compliance Order Submitted by Bradley Schumacher,
rental property owner of 5240 Drew Avenue North
Recommendation:
According the city ordinance 12-1203 the Housing Commission is required to make a
recommendation for the City Council serving as the Board of Appeals.
It is recommended that the Housing Commission make a recommendation to affirm the
compliance orders issued for rental license inspection conducted on February 22, 2019.
Possible options:
1. The City Council serving as the Board of Appeals affirms the compliance orders
dated February 22, 2019 for Chapter 12 of the City Ordinance.
2. The City Council serving as the Board of Appeals nullify the compliance order
dated February 22, 2019 for Chapter 12 of the City Ordinance and return to
appeal fee back to the appellant.
Background:
The property located at 5240 Drew Ave N was inspected on February 22, 2019 and found to
have 24 property code violations. The property was determined to be in violation of several
section of Chapter 12. On February 27, 2019 Mr. Schumacher submitted an appeal and on
February 28, 2019 Mr. Paul Miller paid the required $50.00 for the appeal.
Summary of appeal:
1. Appeal Reason: The MN Fuel Gas Code book section 408.4 does not require an
appliance that is turned on and off by a human-being like a gas stove or dryer have a
sediment drip trap. Yet an automatic controlled appliance such as a fireplace, water
heater and furnace require the drip trap.
City Response: Minnesota Fuel Gas Code 408.4 states that a sediment trap “shall be
installed before all automatically controlled gas appliance…”. In the Minnesota Fuel Gas
Code Chapter 2 the definition of an automatically controlled appliance states that it is an
“appliances equipped with an automatic burner ignition and safety shutoff device and
other automatic devices which accomplish complete turn-on and shutoff of the as to the
main burner or burners, and graduate the gas supply to the burner or burners, but do not
affect complete shutoff of the gas”. Staff believes that a range falls within the definition
of an automatically controlled appliance which will require a sediment trap.
Staff recommends that the Housing Commission affirm the violation.
2. Appeal Reason: No anti-tip bracket is included or optional on the stove. International
building code book section states that it’s optional.
City Response: 12-402.3 requires that appliances are properly installed with all
necessary connections for safe, sanitary and efficient operation. Further, Minnesota Fuel
Gas Code 623.1 states cooking appliances shall be installed in accordance with
manufacture’s installation instructions. Staff have reviewed the owner’s manual for the
major appliances manufacturers and anti-tip’s devices are required. Staff has not been
provided with the manufacture installation requirements nor the owner’s manual.
Staff recommends that the Housing Commission affirm the violation.
3. Appeal Reason: Escutcheon rings from the manufacturer come with seals built in.
Inspector did not test correctly.
City Response: At the time of the inspection, staff pulled the escutcheon ring away from
the shower wall and it was loose, not tight to the wall and missing caulk to prevent the
water from going into the wall. Mr. Miller was present and witnessed that the escutcheon
ring was loose allowing water to penetrate into the wall cavity.
12-405 requires that dwelling unit is “quipped with an approved bathtub or shower in
good working condition”. Further Minnesota Residential Code 307.2 states that “bathtub
and shower floors and walls above bathtubs with installed shower heads an in shower
compartments shall be finished with a nonabsorbent surface. Such weal surfaces shall
extend to a height of not less than 6 feet (1829 mm) above the floor”.
Staff recommends that the Housing Commission affirm the violation.
4. Appeal Reason: Both counter top ends in the report have coats of clear coat just like the
cabinet doors and frames do. Both of these items flagged Paul Miller showed the
inspector during the inspection that they were sealed.
City Response: At the time of inspection, staff did not witness nor feel that the counter
edges were properly sealed. Mr. Miller was present and witnessed that edges were not
sealed.
Section 12-402.1 of the City Code states”… cabinets and/or shelves and counter or table
shall be adequate for the permissible occupancy of the dwelling unit and shall be of
sound construction furnished with surfaces that are easily cleanable and that will not
impart any toxic or deleterious effect to food.”
Staff recommends that the Housing Commission affirm the violation.
5. Appeal Reason: Common area extension cord was not in use. Is not plugged into
anything. It was being stored as it has been since 2007 in the event that the mechanical
contractor, plumbing contractor or the electrician may need a cord for service work on
the building.
City Response: Staff witness an extension cord in the hallway hanging from the roof
access panel and plugged into an outlet in the hallway. Mr. Miller was present and
witnessed the extension cord.
Minnesota Fire Code 605.5 does not allow for extension cords to be used as a substitute
for permanent wiring.
Staff recommends that the Housing Commission affirm the violation.
6. Appeal Reason: In unit 9 both cords are surge protected for the TV and Computer.
Inspector did not pick up the units and review them.
City Response: Staff witness the use of a power strip in the living room and the
bedroom. Plugged into the power strip were additional power strips and extension cords.
Mr. Miller was present and witnessed the use of multiple extension cords plugged into
the power strip.
Minnesota Fire Code 605.5 does not allow for extension cords to be used as a substitute
for permanent wiring and 605.5.1 states that extension cords shall be plugged directly
into an approved receptacle.
Staff recommends that the Housing Commission affirm the violation.
7. Appeal Reason: In unit 10 both cords are also surge protected for the TV. Inspector did
not pick up the units and review them.
City Response: Staff witness the use of a power strip in the living room and the
bedroom. Plugged into the power strip were additional power strips and extension cords.
Mr. Miller was present and witnessed the use of multiple extension cords plugged into
the power strip.
Minnesota Fire Code 605.5 does not allow for extension cords to be used as a substitute
for permanent wiring and 605.5.1 states that extension cords shall be plugged directly
into an approved receptacle.
Staff recommends that the Housing Commission affirm the violation.
8. Appeal Reason: In unit 7 the tub is made from American Steel produced in 1962 and
mold does not grow on steel tubs that are finished. Please provide photo of mold on steel
tub that inspector seen.
City Response: Staff witnessed the caulking around the tub to have what appeared to be
a mold like substance growing on it. Mr. Miller was present and witnessed the mold like
substance on the caulk around the tub.
Section 12-303 states that all occupants shall maintain areas that she/he occupies in a
clean, sanitary, and safe condition.
Staff recommends that the Housing Commission affirm the violation.
By ordinance, the City Council serves as the Board of Appeals and will hear the appeal and make
a decision whether the interpretation of the City ordinance is erroneous. The board of appeals
may reverse, modify, or affirm, in whole or part the compliance order and may order return of all
or part of the filing fee if the appeal is upheld.
Strategic Priorities:
Safe, Secure, Stable Community
Attachments:
Draft Council Resolution
Summary of Actions
Ordinances
Correction Order
Ordinance:
1. Section 12-402. KITCHEN FACILITIES. Every dwelling unit shall have a room or
portion of a room in which food may be prepared and/or cooked and which shall have
adequate circulation area, and that shall be equipped with the following:
3. A stove or similar device for cooking food, and a refrigerator or similar device for the
safe storage of food at or below 40 degrees Fahrenheit, that are properly installed with
all necessary connections for safe, sanitary and efficient operation. Provided that such
stove, refrigerator, or similar devices need not be installed when a dwelling unit is not
occupied and when the occupant is expected to provide same on occupancy, in which
case sufficient space and adequate connections for the installation and operation of
said stove, refrigerator or similar device must be provided.
MNFG 408.4 Sediment Trap. A sediment trap shall be installed before all automatically
controlled gas appliance where a sediment trap is not incorporated as part of the
appliance. The sediment trap shall be installed as close to the inlet of the appliance as
practical, before any regulator or automatic valve, and ahead of all pounds-to-inches
pressure regulators.
MNFG 202. General Definitions. Appliance, Automatically controlled. Appliances
equipped with an automatic burner ignition and safety shutoff device and other automatic
devices which accomplish complete turn-on and shutoff of the as to the main burner or
burners, and graduate the gas supply to the burner or burners, but do not affect complete
shutoff of the gas.
2. Section 12-402. KITCHEN FACILITIES. Every dwelling unit shall have a room or
portion of a room in which food may be prepared and/or cooked and which shall have
adequate circulation area, and that shall be equipped with the following:
3. A stove or similar device for cooking food, and a refrigerator or similar device for the
safe storage of food at or below 40 degrees Fahrenheit, that are properly installed with
all necessary connections for safe, sanitary and efficient operation. Provided that such
stove, refrigerator, or similar devices need not be installed when a dwelling unit is not
occupied and when the occupant is expected to provide same on occupancy, in which
case sufficient space and adequate connections for the installation and operation of
said stove, refrigerator or similar device must be provided.
MNFG 623.1 Cooking Appliances. Cooking appliances that are designed for permanent
installation, including ranges, ovens, stoves, broilers, grills, fryers, griddles, hot plates
and barbecues shall be tested in accordance with ANSI Z21.1, ANSI Z21.58 or ANSI
Z83.11 and shall be installed in accordance with the manufacture’s installation
instructions.
3. Section 12-405. BATHTUB OR SHOWER. Within every dwelling unit there shall be a
nonhabitable room that is equipped with an approved bathtub or shower in good working
condition. In a rental dwelling unit, such room shall have an entrance door that affords
privacy. Said bathtub or shower may be in the same room as the flush water closet, or in
another room, and shall be properly connected to an approved water supply system and
shall provide at all times an adequate amount of heated and unheated water under
pressure, and shall be connected to an approved sewer system.
R307.2 Bathtub and shower spaces. Bathtub and shower floors and walls above bathtubs
with installed shower heads an in shower compartments shall be finished with a
nonabsorbent surface. Such weal surfaces shall extend to a height of not less than 6 feet
(1829 mm) above the floor.
4. Section 12-402. KITCHEN FACILITIES. Every dwelling unit shall have a room or
portion of a room in which food may be prepared and/or cooked and which shall have
adequate circulation area, and that shall be equipped with the following:
1. Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment,
and utensils and of food that does not require refrigeration for safekeeping; and a
counter or table for food preparation. Said cabinets and/or shelves and counter or
table shall be adequate for the permissible occupancy of the dwelling unit and shall be
of sound construction furnished with surfaces that are easily cleanable and that will
not impart any toxic or deleterious effect to food.
5. Section 12-504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling
unit and all public and common areas shall be supplied with electric service, functioning
overcurrent protection devices, electric outlets, and electric fixtures that are properly
installed, maintained in good and safe working conditions, and connected to a source of
electric power in a manner prescribed by the Ordinances, rules and regulations of the City
of Brooklyn Center and by the laws of the State of Minnesota.
MNFC 605.5 Extension cords. Extension cords and flexible cords shall not be a substitute
for permanent wiring.
MNFC 605.5.1 Power supply. Extension cords shall e plugged directly into an approved
receptacle, power tap or multiplug adapter and, except or approved multiplug extension
cords, shall serve only on portable appliance.
6. Section 12-504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling
unit and all public and common areas shall be supplied with electric service, functioning
overcurrent protection devices, electric outlets, and electric fixtures that are properl y
installed, maintained in good and safe working conditions, and connected to a source of
electric power in a manner prescribed by the Ordinances, rules and regulations of the City
of Brooklyn Center and by the laws of the State of Minnesota.
MNFC 605.5 Extension cords. Extension cords and flexible cords shall not be a substitute
for permanent wiring.
MNFC 605.5.1 Power supply. Extension cords shall e plugged directly into an approved
receptacle, power tap or multiplug adapter and, except or approved multiplug extension
cords, shall serve only on portable appliance.
7. Section 12-504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling
unit and all public and common areas shall be supplied with electric service, functioning
overcurrent protection devices, electric outlets, and electric fixtures that are properly
installed, maintained in good and safe working conditions, and connected to a source of
electric power in a manner prescribed by the Ordinances, rules and regulations of the City
of Brooklyn Center and by the laws of the State of Minnesota.
MNFC 605.5 Extension cords. Extension cords and flexible cords shall not be a substitute
for permanent wiring.
MNFC 605.5.1 Power supply. Extension cords shall e plugged directly into an approved
receptacle, power tap or multiplug adapter and, except or approved multiplug extension
cords, shall serve only on portable appliance.
8. Section 12-303. MAINTENANCE OF OCCUPIED AREAS. All occupants of a building,
shall maintain in a clean, sanitary and safe condition that part or those parts of the
building, and premises thereof that she/he occupies and controls.
Section 12-1202. RIGHT OF APPEAL. When it is alleged by any person to whom a compliance
order is directed that such compliance order is based upon erroneous interpretation of this Chapter,
such person may appeal the compliance order to the City Council sitting as a board of appeals.
Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied
by a filing fee as set forth per council resolution, in cash or cashier's check, and must be filed with
the department of planning and inspection within five (5) business days after service of the
compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action
appealed from, unless such a stay would cause imminent peril to life, health, or property.
Section 12-1203. BOARD OF APPEALS DECISION. Upon at least five (5) business days notice
to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said
appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any
advice and recommendation from the advisory housing commission. The board of appeals may
reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or
part of the filing fee if the appeal is upheld.
Staff Report
The inspection at 5240 Drew Ave was scheduled for February 22, 2019 at 1:00pm. The
inspectors present were Damien Lien and Troy Okerlund. The inspectors arrived onsite and
approached the property. After knocking on the door, Mr. Paul Miller opened the door and
greeted Mr. Lien and Mr. Okerlund. Mr. Miller invited the inspectors to come into the building
to start the inspection.
Present for the inspection was Mr. Lien, Mr. Okerlund, and Mr. Miller. The inspection started in
unit #10. While conducting the inspection in the unit with Mr. Miller, there were 2 property
code violations that were cited. The first violation is the countertop edging. The edging was
missing exposing the unprotected fiberboard. The violation was pointed out to Mr. Miller and he
witnessed the violation. The second violation were the extension cords that were daisy chained
together in the living room. The violation was pointed out to Mr. Miller and he witnessed the
violation.
In unit #9 there were 3 property code violations that were cited. The first violation is the
caulking around the escutcheon rings in the bathtub. The violation was pointed out to Mr. Miller
and he acknowledged the violation stating “I missed that”. The second violation were the
extension cords daisy chained together in bedroom #2. The violation was pointed out to Mr.
Miller and he witnessed the violation. The last violation were the extension cords in the living
room daisy chained together. The violation was pointed out to Mr. Miller and he witnessed the
violation.
There is 1 code violation in the third floor hallway. There was an extension cord that was
running from the 3rd floor hallway through the roof access panel. The extension cord was
directly plugged into an outlet in the hallway. The violation was pointed out to Mr. Miller and he
witnessed the violation.
In unit #7 there were 2 property code violations cited. The first violation was the smoke
gasket/tape missing in the side entry door. The violation was pointed out to Mr. Miller and he
witnessed the violation. The second violation is the appearance of mold along the caulking and
edging of the bathtub. The violation was pointed out to Mr. Miller and he witnessed the
violation.
Mr. Bradley Schumacher was present for the inspections starting in unit #3. All the other
inspections were only conducted with Mr. Miller.
In unit #1 there were 2 property code violations cited. During the inspection of the kitchen Mr.
Schumacher and Mr. Miller stated that they installed a new gas range in the unit. The first
violation involved the installation of a new gas range. The gas line did not have sediment trap
and the range did not have anti-tip brackets installed. The violation was pointed out to Mr.
Miller and he witnessed the violation. The second violation is the missing countertop edging.
The edging was missing exposing the unprotected fiberboard. The violation was pointed out to
Mr. Miller and he witnessed the violation.
City Council and Commissions
Joint Meeting
Tuesday, April 2, 2019
6:00 to 8:00 p.m.
Brooklyn Center Community Center
6301 Shingle Creek Parkway |Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org