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HomeMy WebLinkAbout2003 04-02 CCP Joint Work Session with Housing Commission AGENDA CITY COUNCIL JOINT SESSION WITH HOUSING COMMISSION April 2, 2003 6:00 p.m. Council/Commission Conference Room 1. Call to Order 2. Proposed Amendments to Chapter 12: Rental License 3. Gravel Driveways 4. Recreational Vehicle Storage 5. Miscellaneous 6. Adjourn MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: March 27, 2003 SUBJECT: Chapter 12 Ordinance Amendment The City Council is being asked to consider an amendment to Chapter 12 that would give them the authority to issue a provisional rental license in lieu of just denial or non - approval for an apartment complex that fails to meet minimum standards established in the ordinance. In the past when a complex would have significant maintenance issues (life, safety) that had not been addressed in a timely manner, staff would withhold the submission of the rental license application or renewal to the Council for approval until compliance was obtained. For the most part this has worked, however, this practice is inconsistent with Chapterl2. The amendment for Council consideration would bring a noncompliant complex before the Council when their license expired and would allow a provisional license to be issued. The applicant for the license would be required to submit a mitigation plan to the Council for their acceptance. Every month thereafter, the applicant would have to submit a written report to the City Manager relative to the actions taken to come into compliance. I have noted that the draft ordinance as currently written provides for a provisional license for apartments with excessive police and /or fire calls only. I have requested the City attorney add language that would also provide for the issuance of a provisional license when there exists serious life safety issues. I do not expect the language to be available by the meeting on the 2 °a With the inclusion of such language, the Council will have the option of the provisional license for most violations of Chapter 12. Ordinance Overview and Comment Section 12 -901 Subd. 1 This section creates two types of rental license: regular and provisional. Subd.2 This section determines the time period for each license. The regular license would remain at two years. Comments: The Housing Commission would like a one -year license. It was felt that with an annual license and the related license inspection, properties would not have the opportunity to become distressed problem properties. I believe that we currently have many opportunities to be on these properties for a variety of inspections and, as such, are not precluded from writing compliance orders. At the staff level, we have considered an annual license by doing just half of the units in each complex each year. Currently, with problem apartments we inspect all units when performing a rental license inspection. For properties without a history of problems, we normally will inspect 25% or more of the units on each floor as well as all of the common areas and exteriors. If we were to go to an annual license, we would have to add personnel to accommodate the additional inspections. At the present time, we are averaging approximately 13 inspections per day per inspector. Section 12 -912 Subd.I This section provides that multiple dwellings with 4 or more units having an average of more that one police and/or fire call per unit would only qualify for a provisional license. The complex would be eligible for a regular license only after a one -year period with fewer that one call for police or fire service per unit. Comments: I believe we will have to monitor this part of the ordinance closely. The application of the ordinance to a 4 -unit complex could be onerous. It is possible to have a tenant generate 4 calls in a short period of time. The time frame could be short enough that the owner would not be able to get an unlawful detainer against the tenant and thus be penalized even though they had taken appropriate action. Subd. l a This section defines all of the calls for service that would be used to determine if a property would be required to get a provisional license. Subd.lb This section clarifies which calls will not be used. Subd. l c Defines the time period to be used in determining the number of calls per unit. It is the 12 -month period prior to 2 months before the commencement of the license. This was an area of concern from the Housing Commission. Comments: With a two -year license, the applicant could have a problem property for a period of time and be able to reduce the calls to qualify for the regular license and then revert back. The ordinance already addresses such a possibility. There is nothing to preclude the Council from the suspension or revocation of the license if circumstances warrant it. Subd. l d Requires a monthly report of calls be mailed to the licensee. The police currently hand deliver these reports to the complex. The generation of these reports helps keep staff aware of the problem properties. Subd.2 This section requires the applicant to submit a mitigation plan to reduce the number of calls for police and fire service to an acceptable level. Subd. 3 This section sets forth how the plan will be submitted to the Council and basis upon which the Council will approve, modify or disapprove the plan. Subd. 4 This section requires the license holder to provide a written report to the City Manager on the 10 of every month. The report is to describe the actions taken to reduce the calls. Section 12 -913 Subd.1 Requires a criminal background check of all prospective tenants. Comments: You should note that it does not require them to use the information but it does make them aware of who resides in their complex. This is a quick review and comment on the proposed changes to Chapter 12. It has also been suggested that a license fee substantially higher than the regular fee be charged as part of the ordinance. I agree that a higher fee should be charged. However, it would be more appropriate to handle the fee as part of the Council's annual resolution setting such fees. Memorializing the fee in an ordinance make it too cumbersome to change. I will be available on the 2nd to discuss the proposed change to the ordinance with both the Council and the Housing Commission. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2003, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider - Auxiliary aids for handicapped persons are available upon request at least 96 hours in PP P P q advance. Please notify the personnel coordinator at 612 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is hereby amended to add new section 12 -900 as follows: Section 12 -900. ' PURPOSE. It is the pumose of this section to assure that rental housing in the city is decent. safe and sanitary and is so operated and maintained as not to become a nuisance to the neiehborhood or to become an influence that fosters blieht and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterorise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the city who occupy such units may pursue the auiet eniovment of the normal activities of life in surroundines that are: safe. secure and sanitary: free from noise, nuisances or annoyances:, free from unreasonable fears about safety of persons and security of property: and suitable for raising children. Section 2. Section 12 -901 of Chapter 12 is hereby amended as follows: Section 12 -901. LICENSING OF RENTAL UNITS. 1. License Reouired. No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center as hereinafter provided. There shall be two types of licenses: regular and provisional. [Each such operating license shall be issued biennially and shall expire on the anniversary date of issuance.] Provisional licenses are defined in Section 12 -912. 2. License Term. ReLyular licenses will be issued for a period of two years. Provisional licenses will be issued for a period of six months. 3. License Renewal. License renewals shall be filed at least 90 days prior to license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12 -902, the Compliance Official shall schedule an inspection. No application for an initial or renewal license shall be submitted to the city council until the Compliance Official has determined that all life, health safety violations or discrepancies. have been corrected. Section 3. Section 12 -910 of Chapter 12 is hereby amended as follows: Section 12 -910. LICENSE SUSPENSION [OR], REVOCATION, DENIAL AND NON - RENEWAL. 1. Every operating license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. In the event that an operating license is suspended or revoked by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid operating license may be restored by the City Council. 3. Any person violating this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with costs of prosecution. Each day of each violation shall constitute a separate punishable offense. 4. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. C. failure to correct deficiencies noted in notices of violation in the time specified in the notice. d. [any other violation of this Chapter.] failure to comply with the provisions of an avuroved mitiization plan in the case of provisional licenses. e. failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. f. anv other violation of this Chapter. [2.] 5. Revocation, suspension and non - renewal may be brought under either this Section or Section 12 -911, or both. MDT- 223920v2 2 BR291 -16 [3] 6. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. [4.] 7. The Council may suspend or revoke a license or not renew a license for part or all of a facility. [5.] 8. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, denv or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. [6.] 9. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Chapter for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non- renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non - renewal specified in the City Council's written decision or in paragraph 8. of this Section. Section 4. Chapter 12 is hereby amended to add new section 12 -912 as follows: Section 12 -912. PROVISIONAL LICENSES. 1. Licensed multiple dwellings, with four or more units, that have Renerated an averaize of over one Dolice or fire calls Der dwelling MDT- 22392M 3 BR291 -16 unit in a preceding one vear period as specified below are eligible only for provisional licenses. Properties with provisional licenses may aualifv for a regular license onlv after a one vear period with one or fewer police or fire calls per dwelling unit. a. Police and fire calls that are counted in determining whether a provisional license is required include the following tvpes of calls or events: Q calls or events listed in Section 12 -911 ii calls or events categorized as part one crimes in the Uniform Crime Reporting Svstem, including homicide, rape, robberv, aggravated assault, burgla_ rv, theft, auto theft and arson: (iii) calls or events categorized by the police department as one of the following: a) Firearms (Minn Stat. 609.66 609.67) b) Weapons /dangerous weapons (Minn Stat. 609.02 subd.6 & 609.66) Citv Ordinance 19- 402 C) Drug paraphernalia (Minn Stat. 152.092) d) Loud persons City Ordinance 19 -1201 e) Gambling (Minn Stat. 609,755 & 609.76) f) Loud parties — City Ordinance 19 -1201 g) Prostitution (Minn Stat. 609.321) h) Noise cars /dogs Citv Ordinance 1 -110- horns /radios — City Ordinance 19- 1201,02,03 i) Fights — City Ordinance 19 -203 j) Drugs /narcotics and/or narcotic precursors (Minn Stat. 152.01 subd. 4 ? ?) k) Allowing curfew /status offenses /underage drinking — City Ordinance 19- 301,19 -304 1) Disorderlv conduct (Minn Stat. 609.72) m) Propertv damage — City Ordinance 19 -211 n) Assaults 5th degree non - domestic — City Ordinance 19 -204 o) Public disturbance — City Ordinance 19 -202 p) Fire alarms — City Ordinance 5 -112 q) Interference with a peace officer (Minn Stat. 609.50) r) Unlawful assembly (Minn Stat. 609.705) Citv Ordinance 19 -1105 s) Presence at unlawful assembly (Minn Stat. 609.175) t) Terrorist threats (Minn Stat. 609.713) MDT- 22392M 4 BR291 -16 u) Loitering — City Ordinance 19 -201 (iv) The Citv Manager may determine that multiple incidents shall be counted as a single call in appropriate l cases. b. Calls will not be counted for Durposes of determining whether a provisional license is required where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes. Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act. Minnesota Statutes. Section 518B.01. Subd. 2 (a). C. The period of time used to determine whether a provisional license is required is the six month period ending two months before the commencement of the license term. d. The City will provide by mail to each licensee a monthlv report of calls described in paragraph (1) (a) above. .2. The applicant for a provisional license must submit for Council review a mitigation plan for the license period, The mitigation Wan shall describe steps Droposed by the applicant to reduce the number of police and fire calls described in paragraph (1) (a) to a level that qualifies for a regular license. The mitigation plan may include such steps as: changes in tenant screening procedures, changes in lease terms, securitv measures, rules and regulations for tenant conduct, and security personnel. 3. The application with a proposed mitigation plan will be presented to the Citv Council together with a recommendation by the Citv Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and Dresent evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an aDplication and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation Dlan, the Council will consider, among other things, the facility, its management Dractices, the nature and seriousness of causes for Dolice and fire calls and the expected effectiveness of measures identified in the Dlan to reduce the number of Dolice and fire calls. In evaluating a mitigation plan submitted by an aDDlicant alreadv under a Drovisional license, the Council will also consider the effectiveness of measures identified in the aDDlicant's previous mitigation plan and the need for different or additional measures to reduce Dolice and fire calls. MDT- 22392M 5 BR291 -1b 4. The licensee shall comply with the mitigation Dlan as approved or. modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the Citv Manager a written reDort describing all steps taken in furtherance of the mitigation Dlan during the Dreceding month. Section S. Chanter 12 is herebv amended to add new section 12 -913 as follows: Section 12 -913. TENANT BACKGROUND CHECKS. 1. All licensees will conduct criminal background checks on all DrosDective tenants. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all DrosDective tenants covering at least the last three Years: the check must be done "in person" or by utilizing the most recent uD_ date of the state criminal history files: (b) A statewide criminal history check from the DrosDective tenant's Drevious state of residence if the tenant is moving directly from the Drevious state: (c) A criminal history check of anv Drospective tenant in their Drevious states of residence covering the last three Years if thev have not resided in Minnesota for three Years or longer: (d) A criminal history check of anv Drospective tenant must be, conducted in all seven counties in the metro Twin Citv area covering at least the last three Years including all misdemeanor. gross misdemeanor, and felonv convictions. 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 200 Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) MDT- 223920v2 6 BR291 -16 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2001 at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway to consider An Ordinance Amending Chapters 19 and 25 of the City Ordinances regarding the Construction or Private Driveways and Sidewalks. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 19 AND 25 OF THE CITY ORDINANCES REGARDING THE CONSTRUCTION OF PRIVATE DRIVEWAYS AND SIDEWALKS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS 'FOLLOWS: Section 1. Chapter 19, Section 103, Subd. 14 is hereby amended as follows: Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 14. The outside parking and/or storage on occupied residentially used property of usable or non - usable vehicles, trailers, watercraft, snowmobiles, recreation vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19 -1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% off 49at ya ,.,� or a yard ,, ea abu tgRg— a— pub4 -. � the limits established by Section 25 -501 of the City Ordinances unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35 -230 of the City Ordinances. Section 2. Chapter 25, Subd. 501 is hereby amended as follows: CONSTRUCTION OF PRIVATE DRIVEWAYS AND SIDEWALKS Section 25 -501. WHEN AUTHORIZED. Property owners are hereby authorized to construct driveways and sidewalks on private property and on property traversing the boulevard connecting onto the streets owned by the City of Brooklyn Center subject to the following conditions: a. Such construction work must be done at the expense of the property owner and no such construction work shall impair or damage the street. b. The granting of permission by the council for this purpose shall give the owner no right or claim against the city if and when the City shall regrade the streets and shall otherwise improve or maintain said streets so that if following any construction or maintenance work on the streets, the property owner is required to reconstruct the driveway or sidewalk as a consequence thereof, he shall not be entitled to any reimbursement by the City. C. Driveways for single family or two family residential dwellings shall not exceed 24 feet in width at the curb line and through the boulevard portion of the street right -of -way. d. Driveways for single family and two family residential dwellings shall be of hard surface such as concrete, asphalt, brick or similar hard surfaces in accordance with Engineering Department specifications. Compliance with the requirement that driveways be constructed of a hard surface shall be achieved by affected property owners no later than 36 months after the effective date of this ordinance. Driveways leading to a garage shall not exceed the width of said garage. Driveways not leading to a garage are limited to 12 feet in width. On corner lots with two driveways only one of the driveways may exceed 12 feet in width. This section of the ordinance shall not prohibit a paved or graveled expansion of an authorized driveway by twelve feet for vehicle parking or a turnaround area. The total area allowed for authorized driveways and paved or graveled expansions thereof may not exceed the above limits or 50% of the front yard or the yard area abutting a public street, whichever is less. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2001. Mayor ATTEST: City Clerk Date-of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2001 at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Section 19 -1303 of the City Ordinances Regarding Parking and Storage of Vehicles. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 19 -1303 OF THE CITY ORDINANCES REGARDING PARKING AND STORAGE OF VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS .FOLLOWS: Section 1. Chapter 19 of the City Ordinance of the City of Brooklyn Center is hereby amended as follows: Section 19 -1303. PARKING AND STORAGE. With the exception of appropriately licensed pioneer, classic, or collector vehicles as defined in Minnesota Statutes Section 168.10 no person shall park, keep, place or store, or permit the parking or storage of a vehicle on a public street or alley or on any private lands or premises which he owns, occupies, or controls unless the vehicle shall be within a building on such premises. No more than two appropriately licensed but inoperable pioneer, classic, or collector vehicles as defined by Minnesota Statutes Section 168.10 may be stored on the owner's property provided that such vehicles are screened from public view by means of a six foot opaque fence. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2001. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) MEMORANDUM TO: Mayor and City Council Members FROM: Housing Commission DATE: June 18, 2002 SUBJECT: RV Ordinance The Housing Commission has been studying changes to Section 19 -103 as it pertains to recreational vehicles. Our study has included: ■ parking inside right of way ■ sight lines ■ paving surfaces ■ front yard - side yard - rear yard parking ■ limit number of RV per property ■ possible setback provisions ■ treating boats or snowmobiles with trailers to these same restrictions ■ limit size of RV on property i.e. length, height, gross weight Enclosed with this memo are photos of parked RV's at various addresses within Brooklyn Center. Some of the photos show RV's within street right -of -way. Others show more than one RV on the property. We have found the right of way (15' from curb) and sight line to be adequately addressed by our traffic ordinance, Section 27 -120. The Department of Motor Vehicles has indicated there are 195 RV vehicles (motor home type) with Brooklyn Center zip codes. Boats and snowmobile licenses are an inaccurate count as they are often stored at lake homes or inside garages. Members of the Commission feel the effects of an ordinance change may be minimal in improving curb appeal/appearance. Enforcement can be enhanced to move some of these RV's from near the curb. Members also feel narrow restrictions may be obtrusive to the rights of homeowners. We look forward to meeting with Council to discuss these items. mu "�» �� ' .� � y .� � � w'�.� Tr� AGi��ili"�iYy{6 1 ����` 6 � s'..— �"i2 ...ft .•; °3" " . �'� FS+ ,•` � !vim �►�"�" � - RNI CAL 7i I MA AIRM I I T irA, gal, RZ F n P"' w • Y �� -tm j may... , I i Chapter 12 Rental License Amendment Policy Questions 1. Should the City of Brooklyn Center establish a "Provisional" rental license for rental properties that: a. Fail to meet minimum life, health and safety requirements of Chapter 12? Yes _ No _ Comments: b. Generate excessive calls per apartment unit for police and fire services? Yes _ No _ Comments: 2. How many calls for police and/or fire service should be considered excessive on an annual basis? a. One call per apartment unit b. Less than one call per apartment unit Comments: 3. What size apartment complex should be required to comply with this ordinance? a. Four -plex and larger b. Ten apartment units or more c. Other Comments: 4. Should a regular rental license term be for one year or two years? a. One year b. Two years Comments: 5. Should the City of Brooklyn Center require apartment owners to conduct criminal background checks on prospective tenants? a. Yes _ b. No Comments: 2002 Calls for Service (Excluding Domestics) 20 19 18 i -- - - - -- -- - I I 16 - - -- - -- -- i m X CL 12 - - E 0 U ( D 10 - E M 8 CL Q 8 - -- -- - a 7 0 4 4 4 - - - - 3 3 3 2 2 — _ -- 1 1 1 1 .00 -.10 .11 -.20 .21 -.30 .31 -.40 .41 -.50 .51 -.60 .61 -.70 .71 -.80 .81 -.90 1.01- 1.21- 1.51- 1.61- 1.10 1.30 1.60 1.70 Calls Per Unit (!2 Month Period) City of Brooklyn Center Calls for Police/Medical/Fire Service Rental Property (more than four units) 2002 V y A Basswd Apts 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 Brookdale Manor 0 0 0 0 0 0 0 0 0 0 0 0 0 21 0.00 Brookdale Towers 1 12 2 2 1 1 0 0 0 0 0 0 19 50 038 Brookhaven Apt 6 10 1 0 0 0 0 0 0 0 0 1 18 54 033 Brookside Manor 6 50 6 4 1 3 0 1 0 0 0 0 71 90 0.79 Carrington Drive 2 13 11 1 0 0 0 0 0 0 0 0 27 128 0.21 Crssgs at Brkwd 0 0 1 0 0 0 0 0 0 0 0 4 5 138 0.04 Earle Brown Terr 0 1 0 0 0 0 1 0 0 0 0 12 14 140 0.10 Earle Brown Farm 0 22 3 0 0 1 0 2 0 0 0 0 28 120 0.23 Evrgrn Park Mnr 0 18 2 1 0 0 0 0 1 0 0 0 22 80 0.28 Ewing Square 2 9 4 0 1 1 1 0 0 0 0 0 18 23 0.78 Garden City Ct 2 15 5 0 1 0 0 0 0 0 0 0 23 72 0.32 Georgetown Park 2 22 2 1 0 4 1 2 0 0 0 0 34 92 0.37 Humboldt Courts 0 13 2 0 1 0 0 0 0 0 0 0 16 36 0.44 Humboldt Square 0 1 0 0 0 0 0 0 0 0 0 0 1 18 0.06 Lake Shore 0 1 0 0 0 0 0 0 0 0 0 0 1 6 0.17 Maranatha Place 0 0 0 0 0 0 0 0 0 0 0 3 3 65 0.05 Marvin Gardens 3 16 3 0 1 1 0 2 0 0 0 2 28 52 0.54 Melrose Gates 0 9 7 0 0 2 0 0 0 0 0 0 18 217 0.08 River Glen 3 21 12 2 3 0 3 0 0 0 0 1 45 128 0.35 Riverwood Estate 1 47 4 0 0 2 2 2 0 1 0 0 59 84 0.70 Shingle Crk Twr 1 8 0 0 0 1 0 1 0 0 0 2 13 122 0.11 Sommerset 1 18 4 4 0 1 1 0 0 0 0 0 29 36 0.81 d y y r cS Sterling Square 3 49 13 17 0 1 0 0 0 0 0 4 87 54 1.61 Summerchase 21 175 9 22 11 5 4 1 0 0 1 16 265 252 1.05 The Lilacs 1 7 0 0 0 0 1 1 0 0 0 0 10 22 0.45 The Pines 2 28 7 1 0 1 2 1 0 0 0 0 42 102 0.41 Twin Lake Mnr 3 73 13 3 1 4 2 2 0 0 0 0 101 310 0.33 Twin Lake North Apartments 0 13 2 3 2 0 0 1 0 0 0 2 23 276 0.08 Unity Place 5 26 8 2 0 2 1 0 0 0 0 0 44 112 0.39 Victoria 10 14 9 5 0 0 10 0 2 0 0 0 50 48 1.04 Willow Lane 1 9 3 0 0 0 1 0 0 0 0 0 14 58 0.24 3401, 3413 47 0 1 2 0 1 1 0 0 0 0 0 0 5 22 0.23 350147 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 351347 1 1 1 0 0 0 0 0 0 0 0 0 3 11 0.27 360147 0 8 0 1 0 0 0 0 0 0 0 0 9 11 0.82 361347 1 11 3 0 1 1 0 0 0 0 0 0 17 11 1.55 370147 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 371347 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 372547 0 1 0 0 0 0 0 0 0 0 0 0 1 11 0.09 120067 4 16 2 0 0 0 0 0 0 0 0 0 22 18 1.22 4819 Azelia 0 2 2 0 0 0 0 0 0 0 0 0 4 12 0.33 6101 Beard 0 9 1 4 1 0 1 0 0 0 0 0 16 24 0.67 6331/6401/6425 Bd 1 5 3 3 3 0 0 0 0 0 0 0 15 36 0.42 6037 BB 0 1 0 0 0 0 0 0 0 0 0 0 1 11 0.09 7018 BB 0 4 1 0 1 0 0 0 0 0 0 0 6 8 0.75 5500 Bryant 1 1 0 0 0 0 0 0 0 0 0 0 2 11 0.18 5240 Drew 0 8 1 0 0 0 0 0 0 0 0 0 9 11 0.82 5301 Dupont 1 2 0 0 0 0 0 0 0 0 0 0 3 10 0.30 4715 France 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0.00 5843 Fremont 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0.00 7230 WRR 0 0 0 0 0 0 1 0 0 0 0 0 1 8 0.13 7240 WRR 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0.00 7250 WRR 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0.00 5207 Xerxes 0 0 1 0 0 0 0 0 0 0 0 0 1 11 0.09 5209 Xerxes 0 0 0 0 0 0 0 0 0 0 0 0 0 10 0.00 5211 Xerxes 0 4 0 0 0 0 0 0 0 0 0 0 4 6 0.67 t1 CFS Rental (more than four u 85 774 150 76 30 32 32 16 3 1 1 47 1,247 3,318 0.38 Section 12 -911. CONDUCT ON LICENSED PREMISES. 1. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly at which any of the following activities occur: a. Violation of Section 19 -1202 (Noise Abatement). b. Violation of Section 19-1121 (Unlawful Possession, Delivery or Purchase) or violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4. C. Violation of Section 19 -202 (Disturbing the Peace). d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. e. Violation of laws relating to gambling. f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. g. Unlawful use or possession of a firearm in violation of Minnesota Statutes, Section 609.66, Subdivision 1 a, 609.67, or 624.713. 2. The city manager shall be responsible for enforcement and administration of this ordinance. Authority to take any action authorized under this section may be delegated to the city manager's authorized designee. 3. Upon determination by the city manager that a licensed premises was used in a disorderly manner, as described in paragraph 1, the city manager shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. 4. If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in paragraph 3 was given, the city manager shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the city manager within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. City of Brooklyn Center 12 -18 May 3, 2002 c' 5. If another instance of disorderly use of the licensed premises occurs within three (3) months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the city manager who shall give to the licensee written notice of a hearing before the city council to consider such denial, revocation suspension or nonrenewal. Such written notice shall specify all violations of this section, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (3 0) days after giving such notice. Following the hearing, the council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. 6. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 7. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. 8. All notices given by the City under this section shall be personally served on the licensee, sent by registered mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. 9. Enforcement actions provided in this section shall not be exclusive, and the city council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by this Code or state law. City of Brooklyn Center 12 -19 May 3, 2002