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HomeMy WebLinkAbout2010-077 CCR Member Tim Roche introduced the following resolution and moved its adoption: RESOLUTION NO. 2010 -77 RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO STERLING SQUARE APARTMENTS, 1400 AND 1401 67TH AVENUES NORTH AND 6640 AND 6700 HUMBOLDT AVENUES NORTH A hearing was held by the Brooklyn Center City Council on the 12th day of April, 2010, at 7:00 pm at the Brooklyn Center City Hall on the matter of the rental license of John Paul Roder for Sterling Square Apartments (1400 and 1401 - 67th Avenue North and 6640 and 6700 Humboldt 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 did not appear. Having heard and duly considered the evidence presented at the hearing 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. John Paul Roder is the holder of a regular rental license for properties located at 1400 and 1401 - 67th Avenue North and 6640 and 6700 Humboldt Avenue North. 2. City Code Section 12 -901, paragraph 9 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 John Paul Roder. 4. h d license action and the Received m evidence was a copy of the notice of propose letter serving the notice, and copies of Hennepin County tax payment status and utility billing history. 5. The City Clerk testified that utility payments totaling over Ten Thousand Dollars ($10,000) that had been unpaid and delinquent at the time of giving notice of the hearing had been paid by the date and time of the hearing on April 12, 2010, except for a balance remaining of $10.35 and that real estate taxes in the amount of $35,055.41 were unpaid and delinquent at the time and date of the hearing. RESOLUTION NO. 2010 -77 BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1. The rental housing license held by John Paul Roder for the rental dwellings at 1400 and 1401 - 67th Avenue North and 6640 and 6700 Humboldt 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 9. No application for a new license will be considered by the City Council until April 27 20 11 2. This revocation applies to all parts of 1400 and 1401- 67th Avenue North and 6640 and 6700 Humboldt Avenue North. 3. Revocation shall be effective on and from April 27, 2010. 4. The City Clerk is directed to mail a copy of this Resolution to the licensee. 5. The licensee is advised that Brooklyn Center City Code, Section 12 -910, paragraph 8, 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 8 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. RESOLUTION NO. 2010 -77 By Order of the City Council of the City of Brooklyn Center this 26th day of April, 2010. April 26, 2010 Date Mayor ATTEST: jVW im4zt� City Clerk 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: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.