HomeMy WebLinkAbout13.C.1. Request of Mr Vik Uppal to be Relieved of Cert. of Occupancy Penalty
CITY OF SHAKOPEE /3. c. J.
MEMORANDUM
TO: Honorable Mayor and City Council
Mark McNeil, City Administrator
FROM: Jim Grampre, Building Official
SUBJECT: Request from Mr. Vik Uppal of Uppal Enterprises to be relieved of
Certificate of Occupancy penalty assessed against outstanding
escrow balance.
MEETING DATE: March 16,2010
INTRODUCTION:
Mr. Uppal has submitted a letter in which he requests that he be relieved of the penalty imposed regarding the
certificate of occupancy (CO) infraction against the building permits escrow balance for Garden Lane Apartments.
DISCUSSION:
On November 5/ 2003/ while conducting site inspections, I discovered personal belongings in a living
unit in Garden Lane apartments. This discovery is reflected in the permit inspections entry comments indicate that I was
informed by the Garden Lane apartment staff that these personal belongings were being stored only. In another living
unit I discovered a woman present with her personal belongings and was informed by her that she had spent the last
two evenings in the living unit without heat. Both of these occurrences were prohibited prior to issuance of a CO.
The Minnesota State Building Code, 1300.0220 specifically prohibits any occupancy of a structure without obtaining a CO
issued by the Building Official. On November 14, 2003 a temporary CO(TCO)was issued for a portion of first floor only.
There was a TCO issued for portions of the apartment complex with expiration dates. The Tea had expired on May 31,
2004. These TeO had never been revised for extensions after May 31/ 2004. On December 1, 2004 a letter was
sent to Uppal Enterprises informing that penalties were being assessed against building permit escrow. (See letter
dated December 1/ 2004)
ALTERNATIVES:
1. Offer and approve a motion upholding the penalties assessed against Uppal Enterprises.
2. Offer and approve a motion directing staff to refund the penalties (or some portion thereof, to Uppal
Enterprises.
3. Table the item for additional information.
RELATIONSHIP TO CITY GOALS:
Enforcement of building code and CO provisions relate to Goal B. High quality of life.
.
STAFF RECOMMENDATION:
Staff recommends alternative no. 1, i.e. that City Council upholds original penalties assessed as documented.
GARDEN LANE APARTMENTS
700 Garden Lane
Shakopee, MN 55379
February 23,2010
Jim Grampre
Building Inspector City of Shakopee
129 S. Holmes St. I Shakopee, MN 55379
Re-Penalty on Certificate of Occupancy-Garden Lane Apartments
Dear Jim-
Per our conversation we would like the opportunity to present our position on the penalty
that is being imposed in regards to the certificate of occupancy for the subject property.
Please let us know when we would be on the calendar to present to the city council.
Please let me know if there is anything else you need from us. Thank: you.
Regards,
Vik Uppal
SHAKOPEE
December 1, 2004
Sohan Luppal
8334 Virginia Av. S.
Bloomington, MN 55438
Re: Gorman Apartments, Shakopee
Subj. Expired Certificate Occupancy
Dear Mr. Sohann:
I'm oontacting you regarding the expired Certificate of Occupancy at 700 Garden Lane and the
associated penalties that are determin~d against the Building Permit escroW funds. The monetary
penalties are as follows;
As a result of an C/O infraotion discovered on November 5, 2003 there is an assessed penalty of
$1,175.13.
As a result of an expired C/O that took place on May 31 , 2004 the City of Shakopee Code
referencing Sec. 4.07. subd. 4.G allows a 25% fee assessed agaInst the original Building Permit
fee.
Original RP. fee.......................... ...$15,299.50
X 25%
$3,824.87
C/O Infraction $1.175.13
Total $5,000.00
This letter is to inform.you ofthe assessed penalties and that all remaining corrections must be
completed by December 31, 2004.
Please contact the respective Departments at City Hall for any uncertainties that remain
unfinished.
Sincerely,
Jim Grampre
Building Official
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South. Shakopee, Minnesolu . 55379-1351 .957-713-3800. FAX 957 711 3801 . .h I
_ ~_ _-__ _-_ . WWW.CI.S a (Opee.mll.lIs
Building Permit No. ;}.. 93551
Certificate of Occupancy Fees
Use or OccuoancJl.: It is unlav.ful to use or occupy a building or structure or change the existing
occupancy classification of a building or structure or portion thereof, unless and until a Certificate of
Occupancy consistent with such proposed use 01' occupancy is issued.
pUn:Jose:
The Shakopee City Council has enacted the Certificate of Occupancy charge to: 1)
assure the completion of all construction work within the City within a reasonable time .
frame (6 months); and 2) facilitate completion of all required inspections prior to the
building being occupied.
Escrow fees:
The Shakopee City Council has adopted the following c.o. charges; (90% of the fee shall
be refunded when final certificate of occupancy is issued). .
. CommercialJIndustrial = .005 times the value of the project, or $500.00,
whichever is greater.
. . Residential =: .005 Times the value of the project with a $750.00
maximum. .
Penalty: :
The total C.O. fee will not be refunded in the event the building is occupied without
benefit of a final Certificate of Occupancy or a temporary Certificate of Occupancy. .
A portion of the Certificate of Occupancy may be charged agaiIist "teinspection fees" at
the rate of$47.00 per reinspection.
If the final inspection is not called. for within six (6) months of issuance oBhe
temporary Certificate of Occupancv. an additional permit fee equal to 25% oftbe
ori!!inal fee shall be chareed.. .
I, the undersigned, acknowledge and agree to the conditions stated for the Certificate of
Occ;:charged
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