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RES 2006-40 - 00014145RESOLUTION NO. 2006 - 40 A RESOLUTION REVOKING RENTAL HOUSING LICENSE FOR THE PROPERTY LOCATED AT 6551 CHANNEL ROAD, 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the maintenance and licensing requirements of multiple dwellings; and WHEREAS Ordinance No. 213 has been amended and repealed several times with the most current Chapter 220 being in effect since July 11, 1994; and WHEREAS, Chapter 220, Section 8, states that no owner, operator, or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 -40 Page 2 WHEREAS, it has been the practice of the city to complete an inspection when a complaint is made; and WHEREAS, on October 14, 2006 a complaint was received about dwelling unit 2 and an inspection was completed resulting in eight correction orders; and WHEREAS, when the city went for the first follow -up inspection on November 23, 2005, there was no one available for the inspection and the inspection was not completed; and WHEREAS, when the city went to the property for the second follow -up inspection on December 19, 2005, there was no one available for the inspection and the inspection was again not completed.; and WHEREAS, when the city went to the property for the third follow -up inspection on December 20, 2005, at the request of the tenant, the inspection showed that the correction orders had not yet been completed; and WHEREAS, when the city went to the property for the fourth- follow -up inspection on February 9, 2006, the inspection showed that 2 of the 8 correction orders were still incomplete; and WHEREAS on the fifth follow -up inspection on March 3, 2006 was completed, 2 of the 8 correction orders were still incomplete; 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 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 potentially providing information about new issues to the property and voted to continue the public hearing to June 26, 2006; WHEREAS, on June 19, 2006, an inspection of the property was completed due to complaints from the tenants at the June 12, 2006 public hearing resulting in 52 new correction orders being issued. 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 -40 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 a public hearing was held on June 12, 2006, allowing the City Council to take testimony on this property resulting in additional complaints on the property; and That on June 19, 2006, an inspection of the property resulted in the issuance of 52 new correction orders. 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 6551 Channel Road 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. Scott J. Lund, Mayor ATTEST: "dA*o-,? Debra A. Skogen, Cit Jerk