HomeMy WebLinkAbout2012-036 CCR Member Kay Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2012-36
RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO
7018 BROOKLYN BOULEVARD
A hearing was held by the Brooklyn Center City Council on 13th day of February, 2012, at 7:00
pm at the Brooklyn Center City Hall on the matter of the rental license of Nelia Schaff for an
apartment complex at 7018 Brooklyn Boulevard pursuant to Sections 12-901 and 12-910 of the
Brooklyn Center City Code.
Evidence on the alleged violations was represented by Sharon Knutson, City Clerk. The licensee
appeared and evidence was presented by Nelia Schaff and Thomas Schaff.
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. Nelia Schaff is the holder of a regular rental license for properties located
at 7018 Brooklyn Boulevard.
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 Nelia Schaff.
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 taxes totaling $6,396.77 that had been unpaid
and delinquent at the time of giving notice of the hearing had been paid by
February 7, 2012, except for a balance remaining of $481.20 and that
utility charges in the amount of$918.96 were unpaid and delinquent as of
February 9, 2012.
6. There are certain mitigating circumstances in this case. The licensee
misread certain information on the tax statement. The licensee states that
she did not receive a utility bill, which may have resulted from the fact
that the City has several addresses on file to which it sends notices and
bills. Since 2008, there have been no prior delinquencies in payment of
taxes or City utilities.
RESOLUTION NO. 2012-36
BASED UPON SAID FINDINGS, the City Council now makes the following
ORDER
1. The rental housing license held by Nelia Schaff for the rental dwelling at
7018 Brooklyn Boulevard is hereby suspended. The license will not be
reinstated until all payments are current in accordance with City Code,
Section 12-901, paragraph 9.
2. This suspension applies to all parts of 7018 Brooklyn Boulevard.
3. Suspension shall be effective on and from February 27, 2012,
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 suspension and/or that become vacant during the
period of suspension 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 suspension 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 suspension is a misdemeanor and grounds for a decision
not to issue a new license.
February 27, 2012 .Pi�✓1 �
Date Mayor
ATTEST: 40jw - /ft&w
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Lin Myszkowski
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.