RES 2006-39 - 00014142RESOLUTION NO. 2006 - 39
A RESOLUTION REVOKING RENTAL HOUSING LICENSE FOR THE PROPERTY LOCATED AT
191 ISLAND PARK DRIVE, FRIDLEY, MINNESOTA
WHEREAS, Ordinance No. 213, adopted June 18, 1962, established the maintenance and licensing
requirements of multiple dwellings; and
WHEREAS Ordinance No. 213 has been amended and repealed several times with the most current
Chapter 220 being in effect since July 11, 1994; and
WHEREAS, Chapter 220, Section 8, states that no owner, operator, or occupant of any dwelling unit shall
allow the accumulation or formation of dirt, filth, refuse or rodent harborages on the premises that could
create a health hazard to the dwelling occupants or the general public; shall allow the formation of any
nuisances in or about the premises and shall conform to the conduct described in Chapter 220, Section 14;
and
WHEREAS, Chapter 220, Section 9, states that no owner, operator or occupant shall cause any service,
utility, facility or equipment required under Chapter 220 to be removed from or shut off from any
occupied dwelling or dwelling unit, except for such temporary interruptions as may be necessary while
actual repairs or alterations are in process or during temporary emergencies; and
WHEREAS, Chapter 220, Section 10 defines the minimum standards for multiple dwelling units; Section
11 defines hazards, and Section 12 defines fire safety; and
WHEREAS, Fridley City Code Chapter 220, Section 13, requires that no person shall operate, let or cause
to be let, a rental dwelling unit without first having obtained a license to do so from the City of Fridley;
and
WHEREAS, Fridley City Code Chapter 220, Section 13, requires that upon receipt of an application for a
license, the Compliance Official and/or his designee may cause an inspection of the premises to determine
whether the structure is in compliance with the City Code, other City ordinances and the laws of the State
of Minnesota; and
WHEREAS Chapter 220, Section 15, states that whenever the city determines that any dwelling or
dwelling unit fails to meet the provisions of Sections 220.07 through 220.12, the city may issue a
compliance order setting for the violations and ordering the owner, agent, operator or occupant to correct
such violation; and
WHEREAS, each violation shall be in writing, describe the location and nature of the violation, specify a
reasonable time in which violations must be corrected and served on the licensee; and
WHEREAS, Chapter 220, Section 21 states that anyone securing interest in the dwelling or dwelling unit
that has received a violation tag or compliance order shall be bound by the same without further service of
notice and shall be liable to all penalties and procedures.
WHEREAS, it has been the practice of the city to complete an inspection when a complaint is made; and
WHEREAS the City received a complaint on September 7, 2006, which caused an open correction order
to occur in dwelling unit 1 on September 8, 2005. Because maintenance had begun working on the
correction order it was determined a follow -up inspection would be completed on September 21, 2006.
Resolution No. 2006 -39
Page 2
The inspection on September 21, 2006, showed that the correction order to dwelling unit had not been
completed causing a further inspection of dwelling unit 1 and the common area.
WHEREAS, on October 6, 2005, the city received a complaint stating that there was wet carpet due to
water coming in from the outside. Staff was told the owner was fixing it.
WHEREAS, a re- inspection of the common area and dwelling unit 1 was scheduled for October 25, 2005,
but was postponed at the request of the owner to October 26, 2005. The first follow -up inspection on
October 26, 2005, showed that 8 of the 11 items remained uncorrected. The second follow -up inspection
on November 4, 2005, showed that 4 of the 11 items remained uncorrected; and
WHEREAS, a complaint was received again on October 19, 2005, regarding dwelling unit 12 and the
lack of a working smoke detector. The 48 hour follow -up inspection on October 21, 2005, at 9:00 a.m.
showed that the smoke detector in dwelling unit 12 was not working as required. A later inspection on
October 21, 2005 at 4:00 p.m. showed that the smoke detector was corrected as required and this
complaint was cleared.
WHEREAS, due to the lack of completion of correction orders a letter was mailed on October 28, 2005,
to the owner denying the license renewal; and
WHEREAS, after determining that the property owner was not cooperating to maintain the building as
required, the city required an initial inspection of the whole building on December 13, 2005. Dwelling
units 1 through 8 were inspected, along with the common areas. The inspection was stopped at the
request of the property owner's attorney. On December 21, 2005, the initial inspection was completed in
dwelling units 9 through 12.
WHEREAS, the first follow -up to the initial inspection of dwelling units 1 through 8 was completed on
January 30, 2006 and to dwelling units 9 through 10 and common area on February 7, 2006, showing that
correction orders were not completed as required. The second follow -up inspection to the full building on
March 8, 2006, showed the building was still not in compliance with most of the correction orders; and
WHEREAS, on May 22, 2006, a letter was mailed to the property owner Mr. Hyder Jaweed to his home
in North Oaks, Minnesota, notifying him of all open correction orders, of a final inspection to be held on
June 9, 2006, and of the notice of public hearing on the possible suspension and/or revocation of the
rental housing license, with notices of the public hearing being mailed to all tenants of the building and
posted in the building as required by Section 220.13.9A; and
WHEREAS, on June 1, 2006, the property was sold and all inspection fees and utility fees due were paid
to the city; and
WHEREAS, although the property may have been sold, all correction notices are still open and now the
responsibility of the new property owner; and
WHEREAS, on June 12, 2006, the Fridley City Council held a public hearing to consider the
recommendation to revoke the rental license and took testimony from city staff and other interested
parties and voted to continue the public hearing to June 26, 2006;
WHEREAS, on June 22, 2006, an inspection of the property was being completed on the 68 additional
outstanding correction orders;
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Page 3
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley after listening to all
of the facts presented hereby makes the following FINDINGS OF FACT:
That the City of Fridley and its staff have acted within the Fridley City Code Rental Property
Maintenance and Licensing Code; and
That when city staff completed an inspection they wrote up numerous correction orders to
bring the building up to city code and state building code that the property owner was
unwilling to correct within a timely manner; and
That on May 22, 2006, the property owner and tenants were notified of the public hearing
notice to suspend or revoke the rental housing license and posting the notice of hearing at
each entrance to the building; and
That the property was sold to Grant Rudolph by Contract for Deed on June 1, 2006, thereby
making him the responsible property owner liable for the correction orders; and
That a public hearing was held on June 12, 2006, allowing the City Council to take testimony
on this property; and
That as of June 22, 2006, the property continues to be in violation of the correction orders
dated September 8, 2005, September 21, 2005, October 6, 2005, October 26, 2005, December
13, 2005 and December 21, 2005.
BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evidence before
it, expressly finds that the foregoing recitation is true and correct and incorporates it as part of its Findings
of Fact.
BE IT FURTHER RESOLVED THAT based on these findings the City council of the City of Fridley
hereby revokes the Rental Housing license at 191 Island Park Drive as allowed by Fridley City Code
Chapter 220.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY
OF JUNE 2006. 'X
Sc J. tund, Mayor
ATTEST:
Debra A. Skogen, CitClerk