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HomeMy WebLinkAbout2011-030 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 -30 RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO HUMBOLDT SQUARE APARTMENTS (6737 AND 6743 HUMBOLDT AVENUE NORTH) A hearing was held by the Brooklyn Center City Council on the 24th day of January, 2011, at 7:00 pm at the Brooklyn Center City Hall on the matter of the rental license of Humboldt Properties, LLC for Humboldt Square Apartments (6737 and 6743 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 violations, the ease with which the violations 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. Humboldt Properties, LLC ( "Licensee ") is the holder of a regular rental license for properties located at 6737 and 6743 Humboldt Avenue North that will expire on May 31, 2011. 2. Notice of the hearing was mailed to Licensee. 3. City Code Section 12 -901, paragraph 9 provides that at all times during the term of a rental license, Licensee shall be current in payments of taxes, utilities and assessments. 4. Received in evidence was a copy of the notice of proposed license action and the 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 $3,586.73 were due and unpaid as of November 27, 2010. Utility charges were partially paid by December 13, 2010 and fully paid on January 10, 2011, and were current as of the date of the hearing. 6. Second half real estate taxes in the amount of $2,240.00 were due and unpaid until January 5, 2011. RESOLUTION NO. 2011 -30 7. Since 2008 there have been no delinquencies in property taxes or utilities until the delinquencies described above. BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1. The rental housing license of Humboldt Properties, LLC for the rental dwellings at 6737 and 6743 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 August 13, 2011. 2. This denial and revocation applies to all parts of 6737 and 6743 Humboldt Avenue North. 3. Denial and revocation shall be effective on and from February 14, 2011. 4. The City Clerk is directed to mail a copy of this Resolution to Licensee. 5. 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 license denial or revocation and /or that become vacant during the period of revocation and until Licensee has a valid rental license. 6. 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. I RESOLUTION NO. 2011 -30 By Order of the City Council of the City of Brooklyn Center this 14th day of February, 2011. February 14, 201 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.