RES 2006-38 - 00014139RESOLUTION NO. 2006 - 38
A RESOLUTION REVOKING RENTAL HOUSING LICENSE FOR THE PROPERTY
LOCATED AT 190 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WHEREAS Ordinance No. 213 has been amended and repealed several times with the most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.
Resolution No. 2006 -38
Page 2
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 which caused an inspection to occur in dwelling unit 2
on October 28, 2005, resulting in five correction orders to the dwelling unit; and
WHEREAS, when the City reinspected dwelling unit 2 on December 13, 2005, staff found 3 of
the 5 correction orders unresolved, thereby requiring a full inspection of the property, with the
exception of dwelling unit 7; resulting in approximately 78 correction orders; and
WHEREAS, on December 21, 2005, an initial inspection of dwelling unit 7 was made with eight
correction notices with the first follow -up inspection completed on February 7, 2006; with only
one correction order to provide smoke detectors being completed; and
WHEREAS, the first follow -up on the full inspection of the property, with the exception of unit
7, was completed on January 30, 2006; with the 2nd follow -up inspection of all units completed
on March 8, 2006, showing that 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 48
additional outstanding correction orders;
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
Resolution No. 2006 -38 Page 3
2. 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
4. 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
6. That as of June 22, 2006, the property continues to be in violation of the correction
orders dated October 28, 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 190 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.
Cott J. Lund, Mayor
ATTEST:
"aAlo�?
Debra A. Skogen, Cit Jerk