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HomeMy WebLinkAbout2003-139 CCRMember Bob Peppe introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-139 RESOLUTION MAKING FINDINGS OF FACT, CONCLUSIONS, AND ORDER IN THE APPEAL OF DEBELLIS WHEREAS, on August 25, 2003, the City Council conducted a hearing to consider the appeal of James A. DeBellis ("Appellant"), appealing a compliance order for the correction of violations of the City Code at residential rental property owned by Appellant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Council makes the following Findings of Fact, Conclusions, and Order: FINDINGS OF FACT 1. Appellant is the licensee operating a rental property at 5240 Drew Avenue North in the City of Brooklyn Center ("Subject Property"). 2. Appellant holds a current valid rental housing license for the Subject Property. 3. The City operates under a contract with the Metropolitan Housing and Redevelopment Authority ("Metro HRA") to provide inspection services to the Metro HRA in connection with the Section 8 rental housing program. The inspection services are provided by City inspectors. 4. Inspections and re-inspections of Apartments 1 and 8 at the Subject Property were conducted during May, June and August of 2003. On August 6, 2003, a compliance order was issued directing the correction of certain violations of the Brooklyn Center Code. That order is the subject of this appeal. 5. The inspections were initiated as inspections for the Metro HRA Section 8 program and resulted in findings by the inspectors that certain violations of City Code and of Section 8 standards existed inside and outside of the apartments being inspected. 6. Appellant does not contest the violations discovered and cited by the inspectors and has indicated his intent to correct all deficiencies. 7. Appellant states as one basis for his appeal that inspectors conducting inspections for the Metro HRA should not have inspected as City inspectors, noted discrepancies of City Code, noted discrepancies outside of units being inspected for the Section 8 program, or issued compliance orders under City Code. 8. Inspectors were in the Subject Property for valid, lawful and legitimate reasons, with the consent of the owner and discrepancies were discovered during those inspections. RESOLUTION NO. 2003-139 9. Appellant states as a further basis for his appeal that the inspections and compliance orders were discriminatory and constituted retaliation for complaints made by Appellant to the Metro HRA about the fact that the inspectors were acting as City inspectors at the same time as they conducted Section 8 inspections. 10. Appellant submitted no evidence that he was treated any differently than owners of other residential rental properties in the City or that the compliance orders were issued in retaliation for his complaints to the Metro HRA about the inspections. CONCLUSIONS 1 1. City Code Sections 12-1001 and 12-1002 do not prevent inspectors from enforcing City Code when information comes to their attention by lawful means that violations of City Code are occurring. 2. Inspections conducted with a landowner's consent for Section 8 purposes are not unreasonable searches of property for City Housing Code enforcement even if the landowner is unaware that inspections may result in discovery of violations of City Housing Code and made the subject of enforcement activity by the City. 3. No evidence of retaliation or discriminatory enforcement was presented. ORDER On the basis of the foregoing, it is ordered by the City Council of the City of Brooklyn Center that the compliance order that is the subject of this appeal is affirmed and the appeal is dismissed. September 8, 2003 Date ATTEST: ~G City Clerk Mayor A --K~ The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kay Lasman, and Bob Peppe; and the following voted against the same: Diane Niesen whereupon said resolution was declared duly passed and adopted.