Drew Smith, the code enforcement magistrate for the City of Saint Cloud, found the owner of 1414 Minnesota Avenue in violation of the International Property Maintenance Code and ordered required permits obtained by July 31, work completed and inspected by Sept. 1, and administrative costs paid within seven days.
The finding follows testimony and photographic evidence presented by April Bennett, code enforcement officer, who said a November housing inspection and later reinspections documented leaks through the ceiling, visible insect infestation, missing window screens and smoke alarms, sewage backup, a leaking shower, buckled flooring, unsecured lighting, exterior doors that did not seal, a bent support member on an exterior staircase, missing flashing and unsecured roof metal, high grass and other maintenance failures. Bennett told the magistrate the city’s recommendation was that the owner be given until July 18 to cure or face a $250-per-day fine; the magistrate adjusted dates in his order.
The case record shows the city mailed notices and posted the property, and the property manager provided invoices and progress emails. Michael Solomon, the broker-owner of Coldwell Banker Solomon, speaking for the property manager and owner, said crews have addressed some items — pest control contracts, a roof permit and certain interior repairs — but that substantial subfloor and staircase repairs require the units be vacant. Solomon asked for time through August so both units would be vacant and the work could be done properly. He said, “Our goal is to make it sound, but I’m gonna plead for the month of August because that’s the month that we will now have it be vacant where we can do the job properly.”
Magistrate Smith agreed to a schedule that requires any necessary permits to be in hand by July 31 and the work to be completed and verified by code enforcement by Sept. 1. Smith ordered a $250-per-day fine to run until compliance if the work is not completed and directed the respondent to pay administrative costs of $320.77 within seven days of the written order. Smith removed from the list of violations those items April Bennett verified as already corrected, including the reattached ceiling light and installed smoke detectors.
The magistrate expressly required permits to be “in hand, not just applied for,” by the July 31 deadline to avoid delays once tenants vacate, and said inspections to verify completion must also occur by Sept. 1. The owner or representative was given the opportunity to provide a mailing address for the written order.
The magistrate’s order distinguishes corrected items (removed from the violation list) from outstanding violations and sets the enforcement deadlines and financial penalties noted above.