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HomeMy WebLinkAbout2012-037 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-37 RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO 6331, 6401 AND 6425 BEARD AVENUE NORTH AND 3401 47TH AVENUE NORTH A hearing was held by the Brooklyn Center City Council on 13th day of February, 2012, at 7:00 p.m. at the Brooklyn Center City Hall on the matter of the rental license of Commers-Clover II LLP (the "Licensee") for 6331, 6401 and 6425 Beard Avenue North and 3401 47th Avenue North (the "Subject Properties"), 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 was represented by Scott Clover and Bob Wolf. 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. Licensee is the holder of a regular rental license for the Subject Properties. 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 Licensee. 4. Received in evidence was a copy of the notice of violation and the notice of proposed license action. 5. The Licensee's rental license for the apartment complex at 6331, 6401 and 6425 Beard Avenue North expired on October 31, 2011. The Licensee's rental license for the property at 3401 47th Avenue North expired on November 30, 2011. Applications for renewal on all properties have been submitted. 6. The City Clerk testified that as of February 7, 2012, utility charges in the total amount of$7,196.33 were unpaid and real estate taxes plus interest and penalties in the total amount of$22,020.27 were due and unpaid for the properties at 6331, 6401 and 6425 Beard Avenue North. The City RESOLUTION NO. 2012-37 Clerk testified that as of February 7, 2012 utility charges in the amount of $4,409.28 were unpaid and real estate taxes plus interest and penalties in the amount of $13,502.40 were due and unpaid for the property at 3401 47th Avenue North. 7. This is the second instance since 2008 when property taxes and utilities were not paid when due. The first occurred when first half taxes 2011 were not paid when due but were paid prior to notification of Licensee of a hearing. BASED UPON SAID FINDINGS,the City Council now makes the following ORDER 1. The rental housing licenses held by Licensee for all rental dwellings at the Subject Properties are revoked for six months from the date of this Order. No application for new licenses 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 accepted for processing until July 1, 2012. 2. This revocation applies to all parts of the Subject Properties. 3. Revocation shall be effective on and from February 27, 2012. 4. The City Clerk is directed to mail a copy of the Resolution to the licensee. 5. The Licensee is advised that Brooklyn Center City Ordinances, 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. By Order of the City Council of the City of Brooklyn Center this 27th day of February, 2012. RESOLUTION NO. 2012-37 February 27, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Carol Kleven and upon vote being taken thereon,the following voted in favor thereof- Tim szkowski and Dan Ryan; Tim Willson Carol Kleven Ka Lasman Lin , , , y , Y and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.