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HomeMy WebLinkAbout1989-198 CCRMember Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 89 -198 RESOLUTION DENYING THE RENTAL DWELLING LICENSE FOR 5500 BRYANT AVENUE NORTH WHEREAS, the City of Brooklyn Center has adopted a Housing Maintenance and Occuapncy Ordinance (Chapter 12 of the City ordinances) setting forth minimum standards for the maintenance of all buildings used in whole, or in part, as a home or residence, or as an accessory structure thereto and the premises upon which such structures are placed; and WHEREAS, Section 12 -901 of said ordinance requires a person to obtain a license from the City of Brooklyn Center to operate a rental dwelling within the City of Brooklyn Center, said operating license to be renewed biennially following the initial licensing period; and WHEREAS, Section 12 -905 of said ordinance states: "No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota; and WHEREAS, Mr. Herbert A. Zwirn, Jr., 3084 Mildred Drive, Roseville, Minnesota, is the owner of record and operator of a rental dwelling complex containing four dwelling units at 5500 Bryant Avenue North in Brooklyn Center; and WHEREAS, Mr. Zwirn's rental dwelling license to operate said rental dwelling expired on June 30, 1989; and WHEREAS, said rental dwelling has been inspected pursuant to the requirements of the Housing Maintenance and Occupancy Ordinance regarding the renewal of the rental dwelling license; and WHEREAS, the Fire Chief, the Building Official, the Public Health Sanitarian and the Housing Inspector have reported their findings based on inspections of the property to the Director of Planning and Inspection; and WHEREAS, the Director of Planning and Inspection pursuant to Section 23- 003 of the City Ordinances has recommended in writing to the City Council that the rental dwelling license for 5500 Bryant Avenue North be disapproved based on the fact that the rental dwelling and its premises do not conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota; and WHEREAS, pursuant to Section 23-004 of the City ordinances, the Director of Planning and Inspection, in a notice sent on September 19, 1989, informed Mr. Zwirn of the following: 1. The nature of his recommendation to disapprove the rental dwelling license renewal; 2. That the City Council would consider Mr. Zwirn's rental dwelling license renewal on Monday, September 25, 1989 in the Brooklyn Center City Council Chambers at approximately 7:45 p.m.; 3. That Mr. Zwirn had the right to appear before the City Council in support of his license application; and RESOLUTION NO. -89 -198 WHEREAS, Mr. Zwirn did not appear before the City Council on September 25, 1989 or October 9, 1989; and WHEREAS, a neighboring resident appeared before the City Council on October 9, 1989 to express concern regarding continual maintenance problems at 5500 Bryant Avenue North and the negative effect this has on the neighborhood; and WHEREAS, the City Council of the City of Brooklyn Center considered Mr. Zwirn's rental dwelling license renewal and the reports and recommendations of the Director of Planning and Inspection on September 25, 1989 and October 9, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to make the following findings: 1. That the ordinance provisions regarding the consideration of the renewal of the rental dwelling license for Mr. Herbert A. Zwirn, Jr. to operate a rental dwelling at 5500 Bryant Avenue North have been met. 2. That Mr. Zwirn has been given the ordinance required notice and opportunity to appear before the City Council in support of his license renewal. 3. That the City Council has received the reports of the Director of Planning and Inspection dated September 25, 1989 recommending disapproval of the license renewal and the reports of the Fire Chief dated September 14, 1989, Building Official dated September 5, 1989, Public Health Sanitarian dated September 8, 1989 and the Housing Inspector dated August 23, 1989 relating to the compliance of this rental dwelling with the provisions of the Housing Maintenance and Occupancy Ordinance. 4. That the City Council concludes that the rental dwelling at 5500 Bryant Avenue North is not in compliance with the City's Housing Maintenance and Occupancy Ordinance in the manner set forth in said reports. 5. That Mr. Zwirn has violated, or failed to comply with ordinances, statutes or legal directives regarding the operation of the rental dwelling at 5500 Bryant Avenue North. 6. That Mr. Zwirn has failed to correct or remove ordinance violations within a reasonable period of time after notice to do so. 7. That Mr. Zwirn has shown that he is unwilling or unable to maintain a rental dwelling in accordance with the minimum standards outlined in the City's Housing Maintenance and Occupancy Ordinance. 8. That the continued operation of said rental dwelling in the manner outlined above, constitutes a substantial threat to the public peace, health, safety or welfare. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the rental dwelling license renewal requested by Herbert A. Zwirn, Jr. to operate the rental dwelling at 5500 Bryant Avenue North is hereby denied and that it shall be unlawful for Mr. Zwirn, or his duly authorized agent, to permit any new occupancies of vacant or hereafter vacated rental units until such time as a valid operating license may be restored by the City Council of the City of Brooklyn Center. 1 RESOLUTION NO. 89 -198 October 9, 1989 Date Mayo 27;7, Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Todd Paulson, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.