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HomeMy WebLinkAbout2011-031 CCR Member Tim Roche introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 -31 RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO BROOKHAVEN APARTMENTS (3907, 3909, AND 3911 65TH 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 Holdingford Investments LLC for Brookhaven Apartments (3907, 3909 and 3911 65th 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 although there was an appearance by Ms. Heidi Rederath representing Steve Scott Management, which has been appointed receiver for the property at the request of CenterPoint Energy, the mortgagee. 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. Holdingford Investments LLC ( "Licensee ") is the holder of a regular rental license for properties located at 3907, 3909 and 3911 65th Avenue North that expired October 31, 2010. Licensee submitted an application for renewal on August 2, 2010. 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 $9,953.26 and property taxes in the amount of $63,698.17 were due and not paid as of the date notice was given to Licensee and as of the date of the hearing. RESOLUTION NO. 2011 -31 6. The City Clerk testified that taxes were not paid when due but were paid only after notice was given to Licensee for first half property taxes in 2008, second half property taxes in 2008, first half property taxes in 2009, and second half property taxes in 2009. The City Council set a hearing for license action when first half taxes were unpaid for 2010 and canceled the hearing upon notification that the taxes had been paid. The City did not learn until it received notice that second half property taxes for 2010 were unpaid that the payment for first half 2010 taxes were paid with a check that was returned as Non - Sufficient Funds. BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1. The rental housing license application by Holdingford Investments LLC for the rental dwellings at 3907, 3909 and 3911 65th Avenue North is hereby denied. The denial of the application has the effect of a revocation. 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 February 13, 2012. 2. This denial and revocation applies to all parts of 3907, 3909 and 3911- 65th 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. RESOLUTION NO. 2011 -31 By Order of the City Council of the City of Brooklyn Center this 14th day of February, 2011. February 14, 2011 r Date Mayor /P ATTEST: b-C 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, 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.