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HomeMy WebLinkAbout2009-125 CCR ALTERNATE #1 Member �ark Yelich introduced the following resolution and moved its adoption: RESOLUTION NO. 2009-125 RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO 4216 LAKEBREEZE AVENUE NORTH A hearing was held by the Brooklyn Center City Council on 14th day of September, 2009, at 7:00 p.m. at the Brooklyn Center City Hall on the matter of the rental license of Ita Ekah for 4216 Lakebreeze Avenue North, pursuant to Sections 12-901 and 12-910 of the Brooklyn Center City Code. City staff, presenting the alleged violations, was represented by William G. Clelland, Esq., Carson, Clelland Schreder, Brooklyn Center, Minnesota. The licensee, Ita Ekah, did not appear. At the request of the licensee, the hearing was reopened on September 28, 2009, and additional testimony was received from the licensee and City staff. Having heard and duly considered the evidence presented at the hearing and the arguments of counsel and having given due regard to the frequency and seriousness of the violation, the ease with which the violation could have been cured or avoided and good faith efforts to comply, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1. Ita Ekah is the holder of a regular rental license for property located at 4216 Lakebreeze Avenue North. 2. City Code Section 12-901, paragraph 4, provides that at all times during the term of a rental license, the licensee shall be current in payments of taxes, utilities and assessments. 3. Notice of this proposed license action was mailed to Ita Ekah at his stated address of 7704 Tessman Drive, Brooklyn Park, Minnesota 55445 by both certified mail and U.S. mail. Notice was also given to Ekah personally by the City Prosecuting Attorney as he attended court on August 26, 2009, appearing upon a charge of renting without a license. 4. Received in evidence was a copy of the rental license application, the notice of proposed license action and the letter serving the notice and the certified mail receipt. 5. The City Clerk testified that as of the date and time of the hearing on September 14, 2009, the utilities were still not paid and utility payments in the amount of $455.22 were unpaid and delinquent. Following the hearing on the 14�', the licensee made a partial payment. However, as of the time and date of the reopened hearing on September 28, 2009, there was still an outstanding amount due of $111.22. RESOLUTION NO. 2009-125 BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1. The rental housing license held by Ita Ekah for the rental dwelling at 4216 Lakebreeze Avenue North is hereby revoked. No application for a new license shall be granted unless all payments are current in accordance with City Code, Section 12-901, paragraph 4. No application for a new license will be considered by the City Council until December 28, 2009. 2. This revocation applies to all parts of 4216 Lakebreeze Avenue North. 3. Revocation shall be effective on and from October 12, 2009. 4. The City Clerk is directed to mail a copy of the Resolution to the licensee. 5. The licensee is advised that Brooklyn Center City Ordinances, Section 12- 910, paragraph 9, prohibits the reletting, rental or occupancy of rental units that are vacant at the time of �revocation and/or that become vacant during the period of revocation and until the licensee has a valid rental license. 6. The licensee is further advised that Brooklyn Center City Code, Section 12-910, paragraph 10, also provides that revocation shall not excuse the owner from compliance with all terms of state law and codes and the City Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all the terms of the City Code, Chapter 12 during the term of the revocation is a misdemeanor and grounds for a decision not to issue a new license. By Order of the City Council of the City of Brooklyn Center this 12'�' day of October, 2009. October 12, 2009 1.�..�--'��,-�-'= Date Mayor ATTEST: X������M- City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Tim Roche and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tian Roche, and Mark Yelich; and the following voted against the same: Dan xyarz; whereupon said resolution was declared duly passed and adopted.