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HomeMy WebLinkAbout2007-161 CCRMember Mark Yelich introduced the following resolution and moved its adoption: RESOLUTION NO. 2007-161 RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO CENTER POINTE APARTMENTS A hearing was held by the Brooklyn Center City Council on October 1, 2007, at 7:00 p.m. at Brooklyn Center City Hall on the matter of Center Pointe Apartments. The hearing was held to consider alleged violations of Brooklyn Center City Code relating to the licensure of Center Pointe Apartments, in accordance with Brooklyn Center City Code, Section 12.910. City staff, presenting the alleged violations, was represented by Mr. William G. Clelland of Carson, Clelland & Schreder, Brooklyn Center, Minnesota. The licensee was represented by Mr. Norman J. Baer of Anthony Ostlund & Baer, P.A., Minneapolis, Minnesota. Having heard and duly considered the evidence presented at the hearing and the arguments of counsel, the Council makes the following FINDINGS and ORDER: FINDINGS OF FACT 1 A. Center Pointe Apartments ("Center Pointe") holds, and at all times pertinent to this proceeding has been operated under a regular rental dwelling license issued pursuant to Brooklyn Center City Code, Sections 12-900, et.seq. B. As documented in a Compliance Order dated October 5, 2006 (Tab 2 of the City Staff's Exhibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented: (1) Throughout Center Pointe, bedroom windows did not remain open without assistance and needed to be repaired or replaced. (Sec. 12-703.) (2) Throughout Center Pointe, windows off the decks needed to be scraped, primed, and painted. (Sec. 12-703.) (3) Throughout Center Pointe, fire extinguishers needed to be recertified. (Chapter 5 - Fire Prevention) (4) Throughout Center Pointe, exterior and interior damage caused by leaking air conditioner units needed to be repaired, including the replacement of sheet rock and insulation where required to adequately repair the damage. (Sec. 12-702.) (5) Interior lighting in the entries and hallways of buildings 2802, 2816, 2818, 2900, and 2904 needed to be repaired. (6) Exterior lighting of buildings 2802, 2806, 2810, 2814, 2818, 2822, 2830, 2834, 2908, 2912, 2931, and 2940 needed to be provided. (7) Structural damage to the garages in the 2800 bank needed to be repaired. (Sec. 12- 707.) RESOLUTION NO. 2007-161 (8) Missing downspout on the east end of the 2800 bank of garages needed to be replaced. (Sec. 12-707.) (9) Debris on the 2800 bank of garages needed to be removed. (Sec. 12-707.) (10) The fence on the north end of the 2800 bank of garages property needed to be repaired or replaced. (Sec. 12-706.) (11) Brush and debris located behind the 2900 bank of garages needed to be removed. (Sec. 12-707.) (12) The damaged overhead doors on the 2900 bank of garages needed to be replaced. (Sec. 12-707.) (13) Debris on the roof of 2900 bank of garages needed to be removed. (Sec. 12-707.) (14) Structural damage to the garages in the 2900 bank needed to be repaired. (Sec. 12- 707.) (15) Downed trees needed to be cleaned up and stumps needed to be removed. (Sec. 12- 317.) (16) Brush piles needed to be removed. (Sec. 12-317.) (17) Debris needed to be removed. (Sec. 12-702.) (18) Metal flashing along the roof perimeters needed to be prepped, caulked, primed, and painted or replaced. (Sec. 12-702.) (19) Roof jacks needed to be replaced as needed. (Sec. 12-702) (20) Exterior of 2802 building needed to be caulked where needed. (Sec. 12-702.) (21) Sill under west entrance of 2802 building needed to be repaired. (Sec. 12.703.) (22) Window screen in bedroom of 2802 building Unit 101 needed to be replaced. (Sec. 12-703.) (23) Window screen in living room of 2802 building Unit 102 needed to be replaced. (Sec. 12-703.) (24) Vent fan cover in bathroom of 2802 building Unit 102 needed to be repaired or replaced. (Sec. 12-709.) (25) Bedroom window of 2802 building Unit 102 needed to be repaired or replaced. (Sec. 13-703.) (26) Refrigerator shelf bar and handle in 2802 building Unit 103 needed to be replaced. (Sec. 12-402.) (27) Refrigerator shelf bar of 2802 building Unit 104 needed to be replaced. (Sec. 12- 402.) (28) Bedroom window of 2802 building Unit 104 needed to be repaired or replaced. (Sec. 13-703.) (29) Bedroom window of 2802 building Unit 201 needed to be repaired or replaced. (Sec. 13-703.) (30) Storm door screen of 2802 building Unit 201 needed to be repaired or replaced. (Sec. 12-703.) (31) Shower head in bathroom of 2802 building Unit 203 needed to be replaced. (Sec. 12-405.) RESOLUTION NO. 2007-161 (32) Bedroom window of 2802 building Unit 204 needed to be repaired or replaced. (Sec. 12-703.) (33) Bedroom window of 2802 building Unit 204 needed to be cleaned of mold and mildew. (Sec. 12-703.) (34) Patio door screen of 2802 building Unit 302 needed to be repaired or replaced. (Sec. 12-703.) (35) GFCI outlet in kitchen of 2802 building Unit 304 needed to be repaired or replaced. (Sec. 12-504.) (36) Closet doors of 2802 building Unit 304 needed to be repaired or replaced. (Sec. 12- 703.) (37) Bedroom heat register cover of 2802 building Unit 304 needed to be replaced. (Sec. 12-702.) (38) Bedroom window of building 2806 Unit 102 needed to be repaired or replaced. (Sec. 12-703.) (39) Bedroom window of 2806 building Unit 102 needed to be cleaned of mold and mildew. (Sec. 12-703.) (40) Broken window in the bedroom of 2806 building Unit 103 needed to be replaced. (Sec. 12-703.) (41) Tub and shower of 2806 building Unit 201 needed to have mold removed. (Sec. 12- 703.) (42) Toilet of 2806 building Unit 202 needed to be repaired or replaced. (Sec. 12-403.) (43) Vent fan in bathroom of 2806 building Unit 202 needed to be repaired or replaced. (Sec. 12-709.) (44) Towel bar in bathroom of 2806 building Unit 202 needed to be replaced. (Sec. 12- 403.) (45) Stove and vent hood of 2806 building Unit 204 needed to be cleaned and filter replaced. (Sec. 12-402.) (46) Bathroom ceiling of 2806 building Unit 204 needed to be repaired.(Sec. 12-704.) (47) Switch plate cover in bathroom of 2806 building Unit 204 needed to be replaced. (Sec. 12-504.) (48) Drawer missing in bathroom of 2806 building Unit 204 needed to be replaced. (Sec. 12-404.) (49) Living room of 2806 building Unit 301 needed to have mold and mildew removed. (Sec. 12-703.) (50) Bathroom of 2806 building Unit 301 needed to have mold and mildew removed. (Sec. 12-703.) (51) Infestation of cockroaches needed to be eliminated of 2806 building Unit 303 by hiring a licensed pest exterminator. (Sec. 12-308.) (52) Bathroom ceiling and walls of 2806 building Unit 303 needed to be repaired. (Sec. 12-704.) (53) Infestation of cockroaches needed to be eliminated of 2806 building Unit 304 by hiring a licensed pest exterminator. (Sec. 12-308.) RESOLUTION NO. 2007-161 (54) Sill at south entrance of 2810 building needed to be painted. (Sec. 12-703.) (55) Exterior of 2810 building needed to be caulked where needed. (Sec. 12-702.) (56) Bathroom vanity door of 2810 building Unit 102 needed to be replaced. (Sec. 12- 402.) (57) Refrigerator shelf bar of 2810 building Unit 104 needed to be replaced. (Sec. 12- 402.) (58) Window screen in bedroom of 2810 building Unit 104 needed to be repaired or replaced. (Sec. 12-703.) (59) Faucets in bathtub of 2810 building Unit 104 needed to be repaired or replaced. (Sec. 12-404.) (60) Bathroom ceiling of 2810 building Unit 104 needed to be repaired. (Sec. 12-704.) (61) Faucet in kitchen of 2810 building Unit 104 was leaking and needed to be repaired. (Sec. 12-402.) (62) Toilet of 2810 building Unit 104 needed to be repaired. (Sec. 12-403.) (63) Bathroom ceiling of 2810 building Unit 104 needed to be repaired. (Sec. 12-704.) (64) Stove and vent hood of 2810 building Unit 203 needed to be properly secured. (Sec. 12-402.) (65) Screen on patio door of 2810 building Unit 203 needed to be replaced. (Sec. 12- 703.) (66) Refrigerator shelf bar of 2810 building Unit 204 needed to be replaced. (Sec. 12- 402.) (67) Windows in bedroom(s) of 2810 building Unit 204 needed to be repaired so that they would open, lock and latch properly and problems with mold and mildew needed to be corrected. (Sec. 12-703.) (68) Items stored in front of windows in bedroom of 2810 building Unit 204 needed to be removed to allow means of egress. (Sec. 12-703.) (69) Mold and mildew in the bathroom around the bathtub of 2810 building Unit 204 needed to be corrected. (Sec. 12-405.) (70) Bedroom window screens of 2810 building Unit 301 needed repair or replacement. (Sec. 12-703.) (71) Bedroom mold and mildew problem of 2810 building Unit 304 needed to be corrected. (Sec. 12-703.) (72) Exterior needed to be caulked where needed of 2814 building. (Sec. 12-702.) (73) Refrigerator shelf bar of 2814 building Unit 101 needed replacement. (Sec. 12-703.) (74) Window in bedroom of 2814 building Unit 101 needed repair or replacement. (Sec. 12-703.) (75) Kitchen sink faucet of 2814 building Unit 104 needed repair or replacement. (Sec. 12-402.) (76) Storm door screen of 2814 building Unit 204 needed replacement. (Sec. 12-703.) (77) Shelf bar in freezer of 2814 building Unit 301 needed replacement. (Sec. 12-402.) (78) Bedroom window screens of 2814 building Unit 301 need replacement. (Sec. 12- 703.) RESOLUTION NO. 2007-161 (79) Bathroom ceiling of 2814 building Unit 301 needed repair. (Sec. 12-704.) (80) Water damaged wall around bedroom air conditioner of 2814 building Unit 304 needed repair. (Sec. 12-704.) (81) Bathroom vent fan of 2818 building Unit 102 needed repair. (Sec. 12-709.) (82) Leaking faucets in bathroom of 2818 building Unit 102 needed repair or replacement. (Sec. 12-405.) (83) Toilet of 2818 building Unit 302 needed to be properly secured. (Sec. 12-403.) (84) Bedroom window screens of 2818 building Unit 302 needed replacement. (Sec. 12- 703.) (85) Storm door screen of 2818 building Unit 302 needed repair or replacement. (Sec. 12- 703.) (86) Living room window screen of 2822 building Unit 101 needed replacement. (Sec, 12-707.) (87) Bedroom windows of 2822 building Unit 101 needed to be repaired or replaced so they closed, locked and latched properly, (Sec. 12-703.) (88) Bedroom window screens of 2822 building Unit 101 needed to be replaced. (Sec. 12-703.) (89) Bathroom vent fan of 2822 building Unit 101 needed to be repaired or replaced. (Sec. 12-709.) (90) Bathroom cabinet front panels of 2822 building Unit 103 needed to be replaced. (Sec. 12-402.) (91) Patio door and storm screen of 2822 building Unit 201 needed to be repaired or replaced. (Sec. 12-703.) (92) Bedroom window mold and mildew problem of 2822 building Unit 201 needed to be corrected. (Sec. 12-703.) (93) Bathroom vent fan of 2822 building Unit 203 needed repair or replacement. (Sec. 12-709.) (94) Entire unit of 2822 building Unit 204 needed to be thoroughly cleaned. (Sec. 12- 312.) (95) Bedroom windows of 2822 building Unit 204 needed to be repaired or replaced so they close, lock and latch properly. (Sec. 12-703.) (96) Bedroom window screens of 2822 building Unit 204 needed to be replaced. (Sec. 12-703.) (97) Balcony needed to have garbage removed and disposed of. (Sec. 12-312.) (98) Kitchen GFCI outlets above counter of 2822 building Unit 204 needed to be installed. (Sec. 12-504.) (99) Dishwasher of 2822 building Unit 301 needed to be repaired or replaced. (Sec. 12- 402.) (100) Kitchen GFCI outlets above counter of 2822 building Unit 301 needed to be installed. (Sec. 12-504) (101) Bathroom GFCI outlets of 2822 building Unit 302 needed to be installed. (Sec. 12- 504.) RESOLUTION NO. 2007-161 (102) Bathroom vent fan of 2822 building Unit 303 needed to be repaired or replaced. (Sec. 12-709.) (103) Bedroom water-damaged ceiling of 2822 building Unit 303 needed repair. (Sec. 12- 704.) (104) South entrance deteriorated wood of 2826 building needed replacement. (Sec. 12- 702.) (105) Exterior brick on corner of second floor on south side of 2826 building needed repair. (Sec. 12-702.) (106) Upper window sill on west entrance was deteriorated of 2826 building and needed replacement. (Sec. 12-702.) (107) Exterior needed to be caulked. (Sec. 12-702.) (108) Bedroom window screen of 2826 building Unit 201 needed repair or replacement. (Sec. 12-703.) (109) Bathroom ceiling of 2826 building Unit 201 needed repair. (Sec. 12-704.) (110) Bathroom light switch of 2826 building Unit 201 needed replacement. (Sec. 12- 504.) (111) Bathroom GFCI outlets of 2826 building Unit 203 needed to be installed. (Sec. 12- 504.) (112) Bedroom window screens of 2826 building Unit 204 needed replacement. (Sec. 12- 703.) (113) Bedroom windows of 2826 building Unit 204 needed repair or replacement so they closed, locked and latched properly. (Sec. 12-703.) (114) Bathroom ceiling of 2826 building Unit 204 needed repair. (Sec. 12-704.) (115) Refrigerator door gasket of 2826 building Unit 301 needed replacement. (Sec. 12- 402.) (116) Bathtub of 2826 building Unit 301 needed caulking. (Sec. 12-405.) (117) Bathtub mold and mildew of 2826 building Unit 301 needed to be corrected. (Sec. 12-405.) (118) Mullion at south entrance of 2830 building needed replacement. (Sec. 12-703.) (119) A/C Box on first floor of 2830 building needed caulking. (Sec. 12-702.) (120) Exterior of 2830 building needed caulking. (Sec. 12-702.) (121) Kitchen GFCI outlets above counter of 2830 building Unit 102 needed to be installed. (Sec. 12-504.) (122) Toilet of 2830 building Unit 103 needed repair or replacement. (Sec. 12-403.) (123) Bathroom vent fan of 2830 building Unit 103 needed repair or replacement. (Sec. 12-709.) (124) Refrigerator shelf bar of 2830 building Unit 104 needed replacement. (Sec. 12-402.) (125) Kitchen GFCI outlets above counter of 2830 building Unit 104 needed to be installed. (Sec. 12-504.) (126) Bathroom ceiling of 2830 building Unit 202 needed repair. (Sec. 12-704.) (127) Bathtub of 2830 building Unit 203 needed caulking. RESOLUTION NO. 2007-161 (128) Bathtub mold and mildew of 2830 building Unit 203 needed to be corrected (Sec. 12-405.) (129) Bathroom ceiling of 2830 building Unit 204 needed repair. (Sec. 12-704.) (130) Refrigerator shelf bar of 2830 building Unit 301 needed replacement. (Sec. 12-402.) (131) Patio door of 2830 building Unit 301 needed repair or replacement so it locked and latched properly, (Sec. 12-703.) (132) Bedroom window screen of 2830 building Unit 302 needed replacement. (Sec. 12- 703.) (133) Main door and patio door knobs of 2830 building Unit 302 needed replacement. (Sec. 12-703.) (134) Main door of 2830 building Unit 304 needed repair or replacement. (Sec. 12-703,) (135) Refrigerator and freezer shelf bar of 2834 building Unit 102 needed replacement. (Sec. 12-402.) (136) Kitchen drawer of 2834 building Unit 102 needed replacement. (Sec. 12-402.) (137) Toilet of 2834 building Unit 201 needed repair or replacement. (Sec. 12-403.) (138) Bathtub leaking faucets of 2834 building Unit 201 needed repair or replacement. (Sec. 12-405.) (139) Toilet of 2834 building Unit 203 needed repair or replacement. (Sec. 12-403.) (140) Bathroom ceiling of 2834 building Unit 203 needed repair. (Sec. 12-704.) (141) Kitchen GFCI outlets above counter of 2834 building Unit 203 needed to be installed. (Sec. 12-504.) (142) Patio door screen of 2834 building Unit 203 needed to be repaired or replaced. (Sec. 12-703) (143) Bedroom window screen of 2834 building Unit 204 needed repair or replacement. (Sec. 12-703.) (144) Bedroom closet doors of 2834 building Unit 204 needed repair or replacement. (Sec. 12-703.) (145) Kitchen GFCI outlets above counter of 2834 building Unit 204 needed to be installed. (Sec. 12-504.) (146) Bathroom vent fan of 2834 building Unit 304 needed repair or replacement. (Sec. 12-709.) (147) Tub faucet of 2838 building Unit 104 needed repair or replacement. (Sec. 12-405.) (148) Stove burners of 2838 building Unit 201 needed repair or replacement. (Sec. 12- 402.) (149) Freezer shelf bar of 2838 building Unit 201 needed replacement. (Sec. 12-402.) (150) Bedroom window of 2838 building Unit 201 needed repair or replacement. (Sec. 12- 703.) (151) Bedroom closet door of 2838 building Unit 201 needed repair or replacement. (Sec. 12-703.) (152) Bedroom-stored items that blocked egress of 2838 building Unit 201 needed to be removed. (Chapter 5 - Fire Prevention) RESOLUTION NO. 2007-161 (153) Patio door knobs of 2838 building Unit 201 needed repair or replacement so it locked and latched properly. (Sec. 12-703.) (154) Freezer shelf bar of 2838 building Unit 202 needed replacement. (Sec. 12-402.) (155) Leaking kitchen faucet of 2838 building Unit 203 needed repair or replacement. (Sec. 12-402.) (156) Stove and vent hood of 2838 building Unit 203 needed cleaning. (Sec. 12-402.) (157) Toilet of 2838 building Unit 203 needed repair or replacement. (Sec. 12-403.) (158) Bedroom ceiling fan of 2838 building Unit 203 needed repair or replacement. (Sec. 12-504.) (159) Refrigerator shelf bar of 2838 building Unit 301 needed replacement. (Sec. 12-402.) (160) Bedroom window screen of 2838 building Unit 301 needed repair or replacement. (Sec. 12-703.) (161) Toilet of 2838 building Unit 301 needed repair or replacement. (Sec. 12-403.) (162) Leaking bathtub faucets of 2838 building Unit 301 needed repair or replacement. (Sec. 12-404.) (163) Bedroom-stored items of 2838 building Unit 301 which were blocking access needed to be removed.(Chapter 5 - Fire Prevention) (164) Bedroom window screen of 2838 building Unit 302 needed replacement. (Sec. 12- 703.) (165) Stove of 2838 building Unit 302 needed cleaning. (166) Refrigerator shelf bar of 2838 building Unit 303 needed replacement. (Sec. 12-402.) (167) Bathroom vanity cabinet front of 2838 building Unit 303 needed replacement. (Sec. 12-402.) (168) Patio door window and screen of 2838 building Unit 303 needed repair or replacement. (Sec. 12-703.) (169) Toilet of 2838 building Unit 304 needed repair or replacement. (Sec. 12-403.) (170) Hallway lighting of 2900 building needed repair. (Sec. 12-504.) (171) Front entry doors of 2900 building needed repair or replacement. (Sec. 12-703.) (172) Exterior entry stairs of 2900 building needed repair or replacement. (Sec. 12-406.) (173) Stucco on west exterior wall of 2900 building needed repair. (Sec. 12-702.) (174) A/C units on first floor of 2900 building needed repair and caulk. (Sec. 12-709, 12- 702.) (175) Handicap parking sign in west parking lot of 2900 building needed replacement. (176) Dryer and combustion air vents on west side of 2900 building needed cleaning, repair or replacement. (Sec. 12-702.) (177) Rotten sill near east exit of 2900 building needed replacement. (Sec. 12-702.) (178) Caulk on exterior was deteriorated of 2900 building and needed to be removed and replaced. (Sec. 12-702.) (179) Stove burners of 2900 building Unit 103 needed repair or replacement. (Sec. 12- 402.) (180) Dishwasher of 2900 building Unit 103 needed repair or replacement. (Sec. 12-402.) (181) Bathroom ceiling of 2900 building needed repair. (Sec. 12-704.) RESOLUTION NO. 2007-161 (182) Bathtub of 2900 building Unit 104 needed caulking. (Sec. 12-405.) (183) Leaking bathtub faucets of 2900 building Unit 104 needed repair or replacement. (Sec. 12-405.) (184) Tub spout and handles of 2900 building Unit 104 needed caulking. (Sec. 12-405.) (185) Dryer and combustion air vents on west entrance of 2900 building Unit 201 needed to be repaired, replaced or cleaned. (Sec. 12-702.) (186) Non-working smoke detectors of 2900 building Unit 202 needed repair. (Sec. 5- 204f.) (187) Bedroom windows of 2900 building Unit 203 needed repair or replacement. (Sec. 12-703.) (188) Leaking bathtub faucets of 2900 building Unit 203 needed repair or replacement. (Sec. 12-405.) (189) Bathroom ceiling of 2900 building Unit 203 needed repair. (Sec. 12-704.) (190) Non-working smoke detectors of 2900 building Unit 203 needed repair. (Sec. 5- 204f.) (191) Bedroom windows of 2900 building Unit 204 needed repair or replacement. (Sec. 12-703.) (192) Hallway light globe of 2900 building Unit 302 needed to be installed. (Sec. 12-504.) (193) Toilet of 2900 building Unit 302 needed repair or replacement. (Sec. 12-403.) (194) Vent fan of 2900 building Unit 302 needed repair or replacement. (Sec. 12-709.) (195) Non-working smoke detectors of 2900 building Unit 302 needed repair. (Sec. 5- 204f.) (196) Air conditioner of 2900 building Unit 303 needed repair or replacement. (Sec. 12- 709.) (197) Toilet of 2900 building Unit 303 needed repair or replacement. (Sec. 12-403.) (198) Current boiler license of 2900 building Laundry/Mechanical Room needed to be displayed. (Sec. 12-301.) (199) One hour wall of 2900 building Laundry/Mechanical Room needed repair. (Sec. 12- 704.) (200) Glass at north entrance of 2904 building needed replacement and caulking. (Sec. 12- 702.) (201) Brick on lower northeast corner of 2900 building needed replacement. (Sec. 12- 702.) (202) Siding/brick at windows on east side and brick stucco of 2900 building needed caulk. (Sec. 12-702.) (203) Two A/C units on east side of 2900 building needed cut in flashing. (Sec. 12-702.) (204) Deteriorated caulk on exterior of 2900 building needed to be removed and replaced. (Sec. 12-702.) (205) Toilet of 2900 building Unit 101 needed repair or replacement. (Sec. 12-403.) (206) Bathroom ceiling of 2900 building Unit 102 needed repair. (Sec. 12-704.) (207) Non-working smoke detectors of 2900 building Unit 102 needed repair. (Sec. 5- 204f.) RESOLUTION NO. 2007-161 (208) Stove burners of 2900 building Unit 103 needed repair or replacement. (Sec. 12- 402.) (209) Floor covering in kitchen/dining area of 2900 building Unit 103 needed repair or replacement. (Sec. 12-704.) (210) Vent fan of 2900 building Unit 104 needed repair or replacement. (Sec. 12-708.) (211) Bathtub of 2900 building Unit 201 needed caulking. (Sec. 12-405.) (212) Leaking bathtub faucets of 2900 building Unit 201 needed repair or replacement. (Sec. 12-405.) (213) Bathroom ceiling of 2900 building Unit 201 needed repair. (Sec. 12-704.) (214) Bedroom window items of 2900 building Unit 301 needed to be moved as means of egress. (Sec. 12-703.) (215) Toilet of 2900 building Unit 301 needed repair or replacement. (Sec. 12-403.) (216) Patio door knob of 2900 building Unit 302 needed repair. (Sec. 12-703.) (217) Kitchen surfaces of 2900 building Unit 302 needed to cleaned of grease. (Sec. 12- 709.) (218) Bedroom window items of 2900 building Unit 302 needed to be moved as means of egress. (Sec. 12-703.) (219) Toilet of 2900 building Unit 302 needed repair or replacement. (Sec. 12-403.) (220) Leaking bathtub faucets of 2900 building Unit 302 needed repair or replacement. (Sec. 12-405.) (221) Bathroom plugged of 2900 building Unit 302. Needed to correct problem. (Sec. 12- 405.) (222) Toilet of 2900 building Unit 304 needed repair or replacement. (Sec. 12-403.) (223) Leaking bathtub faucets of 2900 building Unit 304 needed repair or replacement. (Sec. 12-405.) (224) Non-working smoke detectors of 2900 building Unit 304 needed repair. (Sec. 5- 204f.) (225) Fire door on first floor hallway of 2908 building needed repair or replacement. (Sec. 12-703.) (226) Back entry door of 2908 building needed door trim replaced. (Sec. 12-703.) (227) Bathroom ceiling of 2908 building Unit 101 needed repair. (Sec. 12-704.) (228) Air conditioner of 2908 building Unit 101 needed repair or replacement. (Sec. 12- 709.) (229) Toilet of 2908 building Unit 101 needed repair or replacement. (Sec. 12-430.) (230) Toilet of 2908 building Unit 103 needed repair or replacement. (Sec. 12-403.) (231) Leaking bathtub faucets of 2908 building Unit 103 needed repair or replacement. (Sec. 12-405.) (232) Bathroom ceiling of 2908 building Unit 103 needed repair. (Sec. 12-704.) (233) Non-working smoke detectors of 2908 building Unit 103 needed repair. (Sec. 5- 204f.) (234) Front base cabinet door of 2908 building Unit 203 was missing and needed to be replaced. (Sec. 12-402.) RESOLUTION NO. 2007-161 (235) Bedroom window items of 2908 building Unit 203 needed to be moved as means of egress. (Sec. 12-703.) (236) Patio door of 2908 building Unit 204 needed replacement. (Sec. 12-703.) (237) Leaking bathtub faucets of 2908 building Unit 204 needed repair or replacement. (Sec. 12-405.) (238) Bathroom towel bar of 2908 building Unit 204 needed replacement. (Sec. 12-403.) (239) Bathroom sink plugged of 2908 building Unit 204. Needed to correct problem. (Sec. 12-405.) (240) Non-working smoke detectors of 2908 building Unit 204 needed repair. (Sec. 5- 204f.) (241) Refrigerator freezer of 2908 building Unit 204 needed repair or replacement. (Sec. 12-402.) (242) Vanity/sink of 2908 building Unit 301 needed caulking. (Sec. 12-404.) (243) Leaking bathtub faucets of 2908 building Unit 301 needed repair or replacement. (Sec. 12-405.) (244) Toilet of 2908 building Unit 301 needed repair or replacement. (Sec. 12-403.) (245) Air conditioner of 2908 building Unit 302 needed repair or replacement. (Sec. 12- 709.) (246) Hallway light globe of 2908 building Unit 303 needed to be installed. (Sec. 12-504.) (247) Toilet of 2908 building Unit 303 needed repair or replacement. (Sec. 12-403.) (248) Non-working smoke detectors of 2908 building Unit 303 needed repair. (Sec. 5- 204f.) (249) Toilet of 2908 building Unit 304 needed repair or replacement. (Sec. 12-403.) (250) Front entry door of 2912 building needed repair or replacement. (Sec. 12-703.) (251) Laundry room heat detector of 2912 building needed repair or replacement. (Chapter 5-Fire Prevention) (252) Hallway lighting of 2912 building needed repair or replacement. (Sec. 12-504.) (253) Dryer and combustion air vents on west side of 2912 building needed repair, replacement and cleaning. (Sec. 12-702.) (254) Back entry door of 2912 building needed to be properly secured so it locked and latched. (Sec. 12-703.) (255) Stairs on west side of 2912 building needed repair or replacement. (Sec. 12-406.) (256) A/C units on east side of 2912 building needed caulking. (Sec. 12-702.) (257) Exterior of 2912 building needed caulking where needed. (Sec. 12-702.) (258) Toilet of 2912 building Unit 101 needed repair or replacement. (Sec. 12-403.) (259) Bathtub and handles of 2912 building Unit 101 needed caulking. (Sec. 12-405.) (260) Kitchen cabinet drawer front of 2912 building Unit 102 needed replacement. (Sec. 12-402.) (261) Bathtub and handles of 2912 building Unit 102 needed caulking. (Sec. 12-405.) (262) Bathroom broken light switch of 2912 building Unit 102 needed repair. (Sec. 12- 504.) RESOLUTION NO. 2007-161 (263) Non-working smoke detectors of 2912 building Unit 102 needed repair. (Sec. 5- 204£) (264) Bathroom ceiling of 2912 building Unit 201 needed repair. (Sec. 12-704.) (265) Bathroom ceiling of 2912 building Unit 202 needed repair. (Sec. 12-704.) (266) Tub tile of 2912 building Unit 202 needed replacement. (Sec. 12405.) (267) Carpeting of 2912 building Unit 203 needed to be cleaned and shampooed or replaced. (Sec. 12-704.) (268) Toilet of 2912 building Unit 203 needed repair or replacement. (Sec. 12-403.) (269) Bathroom ceiling of 2912 building Unit 203 needed repair. (Sec. 12-704). (270) Stove burners of 2912 building Unit 204 needed repair or replacement. (Sec. 12- 402.) (271) Toilet of 2912 building Unit 204 needed repair or replacement. (Sec. 12-403.) (272) Toilet of 2912 building Unit 301 needed repair or replacement. (Sec. 12-403.) (273) Bathtub and tub spout of 2912 building Unit 203 needed caulking. (Sec. 12405.) (274) Toilet of 2912 building Unit 203 needed repair or replacement. (Sec. 12-403.) (275) Toilet of 2912 building Unit 303 needed repair or replacement. (Sec. 12-403.) (276) Bathroom cabinet drawers of 2912 building Unit 303 were missing. Needed to replace. (Sec. 12-404.) (277) A/C unit of 2912 building Unit 304 needed repair where there was mold. (Sec. 12- 704.) (278) Hallway lighting of 2916 building needed repair or replacement. (Sec. 12-504.) (279) Entry doors of 2916 building needed to be properly secured so they locked and latched. (Sec. 12-703.) (280) Dryer and combustion air vents on west side of 2916 building needed to be repaired, replaced and cleaned. (Sec. 12-702.) (281) Exterior of 2916 building needed to be caulked where needed. (Sec. 12-702.) (282) Air conditioner wall of 2916 building Unit 202 needed to be repaired. (Sec. 12-704.) (283) Bathtub handles and spout of 2916 building Unit 203 needed caulking. (Sec. 12- 405) (284) Living room ceiling of 2916 building Unit 204 needed stain kill and paint. (Sec. 12- 704.) (285) Kitchen vent fan of 2916 building Unit 301 needed repair or replacement. (Sec. 12- 402.) (286) Bathtub and handles of 2916 building Unit 301 needed caulk. (Sec. 12-405.) (287) Leaking faucets in bathroom sink and bathtub of 2916 building Unit 301 needed repair or replacement. (Sec. 12-404.) (288) Toilet of 2916 building Unit 301 needed repair or replacement. (Sec.. 12-403.) (289) Non-working smoke detectors of 2916 building Unit 301 needed repair. (Sec. 5- 204f.) (290) Air conditioner wall of 2916 building Unit 302 needed repair. (Sec. 12-704.) (291) Missing bedroom window screen of 2916 building Unit 302 needed replacement. (Sec. 12-703.) 1 RESOLUTION NO. 2007-161 (292) Missing bathroom vanity kickplate of 2916 building Unit 302 needed replacement. (Sec. 12-404.) (293) Non-working smoke detectors of 2916 building Unit 302 needed repair. (Sec. 5- 204f.) (294) Boiler license of 2920 building needed to be posted in the boiler room. (Sec. 12- 709.) (295) Recertification of 2920 building was due on RPZ's. (Sec. 12-709.) (296) One hour walls of 2920 building needed repair. (Sec. 12-704.) (297) Stucco on 2920 building needed repair. (Sec. 12-702.) (298) A/C unit on first floor, north side of 2920 building needed repair. (Sec. 12-709.) (299) Glass on north entrance of 2920 building needed to be replaced. (Sec. 12-703.) (300) Stucco on east side of 2920 building needed to be repaired or replaced. (Sec. 12- 702.) (301) Exterior of 2920 building needed caulking. (Sec. 12-702.) (302) Globe on hallway light of 2920 building Unit 101 needed to be installed. (Sec. 12- 504.) (303) Bathtub on 2920 building Unit 101 needed caulking. (Sec. 12-405.) (304) Toilet of 2920 building Unit 201 needed repair or replacement. (Sec. 12-403.) (305) Leaking faucets bathtub of 2920 building Unit 201 needed repair or replacement. (Sec. 12-404.) (306) Bathtub and handles of 2920 building Unit 202 needed caulking. (Sec. 12-405.) (307) Toilet of 2920 building Unit 203 needed repair or replacement. (Sec. 12-403.) (308) Leaking faucets in bathtub of 2920 building unit 203 needed repair or replacing. (Sec. 12-405.) (309) Smoke detectors of 2920 building Unit 203 needed repair. (Sec. 5-204f.) (310) Toilet of 2920 building Unit 301 needed repair or replacement. (Sec. 12-403.) (311) Light globe in kitchen/dining area of 2920 building Unit 302 needed replacement. (Sec. 12-703.) (312) Closet doors in bedrooms of 2920 building Unit 302 needed repair or replacement. (Sec. 12-703.) (313) Burners on stove of 2920 building Unit 302 needed repair or replacement. (Sec. 12- 402.) (314) Air conditioner of 2920 building Unit 304 needed repair or replacement. (Sec. 12- 709.) (315) Globe on hallway light of 2920 building Unit 304 needed installation. (Sec. 12-504.) (316) Entry doors of 2924 building needed to be secured properly. (Sec. 12-703.) (317) Smoke detectors of 2924 building Unit 304 needed repair. (Sec. 5-204f.) (318) Fire door on second floor of 2924 building needed repair. (Sec. 12-703.) (319) Dryer vent in laundry room of 2924 building needed reconnection. (Sec. 12-709.) (320) Recertification of 2924 building was due on RPZ's(Sec. 12-709.) (321) Current boiler license of 2924 building needed to be displayed. (Sec. 12-709.) (322) Access cover to boiler room of 2924 building needed to be secured. (Sec. 12-709.) RESOLUTION NO. 2007-161 (323) Exterior of 2924 building needed caulking. (Sec. 12-702.) (324) Water faucet and caulk around openings on east side of 2924 building needed to be secured. (Sec. 12-702.) (325) Exterior light over exit of 2924 building needed repair. (Sec. 12-504.) (326) Leaking faucet in kitchen of 2924 building Unit 101 needed repair or replacement. (Sec. 12-402.) (327) Stove oven (oven not working) of 2924 building Unit 101 needed repair or replacement. (Sect. 12-402.) (328) Vent fan in bathroom of 2924 building Unit 101 needed repair or replacement. (Sec. 12-709.) (329) C.Q. cover behind toilet of 2924 building Unit 101 needed installing. (Sec. 12-403.) (330) Smoke detectors of 2924 building Unit 101 needed repair. (Sec. 5-204f.) (331) Air conditioner and wall around A/C of 2924 building Unit 102 needed repair or replacement. (Sec. 12-709.) (332) Licensed pest exterminator needed to be hired to eliminate the infestation of cockroaches of 2924 building Unit 102. (Sec. 12-308.) (333) Vent hood over stove of 2924 building Unit 104 needed repair or replacement. (Sec 12-402.) (334) Bathtub, handles and spout of 2924 building Unit 104 needed caulking. (Sec. 12- 405.) (335) Air conditioner and wall around A/C of 2924 building Unit 202 needed repair or replacement. (Sec. 12-709.) (336) Toilet of 2924 building Unit 202 needed repair or replacement. (Sec. 12-403.) (337) Bathrobe handles of 2924 building Unit 202 needed caulking. (Sec. 12-405.) (338) Vent fan in bathroom of 2924 building Unit 202 needed repair or replacement. (Sec. 12-709.) (339) Air conditioner and wall around A/C of 2924 building Unit 203 needed repair or replacement. (Sec. 12-709.) (340) Bathroom ceiling of 2924 building Unit 203 needed repair. (Sec. 12-704.) (341) Toilet of 2924 building Unit 204 needed repair or replacement. (Sec. 12-403.) (342) Bathtub of 2924 building Unit 204 needed caulking. (Sec. 12-405.) (343) Smoke Detectors of 2924 building Unit 204 needed repair. (Sec. 5-204f.) (344) Kill and ceiling in living room of 2924 building Unit 301 needed staining and painting. (Sec. 12-704.) (345) Toilet of 2924 building Unit 301 needed repair or replacement. (Sec. 12-403.) (346) Smoke detectors of 2924 building Unit 301 needed repair or replacement. (Sec. 5- 204f.) (347) Air conditioner and wall around A/C of 2924 building Unit 302 needed repair or replacement. (Sec. 12-709.) (348) Drawer front on cabinet in bathroom of 2924 building Unit 302 needed replacement. (Sec. 12-402.) (349) Smoke detectors of 2924 building Unit 302 needed repair. (Sec. 5-204£) 1 RESOLUTION NO. 2007-161 (350) Dishwasher of 2924 building Unit 303 needed repair or replacement. (Sec. 12-402.) (351) Drawer front missing from kitchen cabinet of 2924 building Unit 303 needed replacement (Sec. 12-402.) (352) Light globe in kitchen of 2924 building Unit 303 needed replacement. (Sec. 12-504.) (353) Ceiling fan in kitchen of 2924 building Unit 303 needed replacement (Sec. 12-504.) (354) Switch plate cover in hallway/entry of 2924 building Unit 304 needed replacement. (Sec. 12-504.) (355) GFCI outlets of 2924 building Unit 304 needed verification. (Sec. 12-504.) (356) Front entry door of 2928 building needed to be secured. (Sec. 12-703.) (357) Dryer and air vents on west entrance of 2928 building needed repair, replacement and cleaning. (Sec. 12-702.) (358) Exposed cable on west side of 2928 building needed to be buried. (Sec. 12-302.) (359) Stucco on east wall of 2928 building needed repair or replacement. (Sec. 12-702.) (360) Exterior of 2928 building needed caulking where needed. (Sec. 12-702.) (361) Vent fan in bathroom of 2928 building Unit 101 needed repair or replacement. (Sec. 12-709.) (362) Air conditioner of 2928 building Unit 102 needed to be properly secured. (Sec. 12- 709.) (363) Windows in bedroom of 2928 building Unit 102 needed repair or replacement. (Sec. 12-703.) (364) Hard wire smoke detector of 2928 building Unit 102 needed replacement. (Sec. 5- 204f.) (365) Bathroom ceiling of 2928 building Unit 103 needed repair. (Sec. 12-704.) (366) Air conditioning units of 2928 building Unit 104 needed to be secured. (Sec. 12- 709.) (367) Vent fan in bathroom of 2928 building Unit 104 needed repair or replacement. (Sec. 12-709.) (368) Bathroom ceiling of 2928 building Unit 104 needed repair. (Sec. 12-704.) (369) Smoke detector of 2928 building Unit 104 needed replacement. (Sec. 5-204f.) (370) Toilet of 2928 building Unit 201 needed repair or replacement and needed to be properly secured. (Sec. 12-403.) (371) Smoke detectors of 2928 building Unit 201 needed replacement. (Sec. 5-204f.) (372) Bathroom ceiling of 2928 building Unit 201 needed repair. (Sec. 12-704.) (373) Ceiling fan in kitchen of 2928 building Unit 202 needed repair or replacement. (Sec. 12-504.) (374) Smoke detector in bedroom of 2928 building Unit 202 needed replacement. (Sec. 5- 204f.) (375) Air conditioner of 2928 building Unit 203 needed repair or replacement. (Sec. 12- 709.) (376) Patio door of 2928 building Unit 203 needed repair or replacement. (Sec. 12-703.) (377) Drawer front on kitchen cabinets of 2928 building Unit 203 needed replacement. (Sec. 12-402.) RESOLUTION NO. 2007-161 (378) Bedroom window screens of 2928 building Unit 203 needed replacement. (Sec. 12- 703.) (379) Toilet of 2928 building Unit 203 needed repair or replacement. (Sec. 12-403.) (380) Bathroom vent fan of 2928 building Unit 203 needed repair or replacement. (Sec. 12-709.) (381) Bathroom ceiling of 2928 building Unit 203 needed repair. (Sec. 12-704.) (382) Refrigerator shelf bar of 2928 building Unit 204 needed replacement. (Sec. 12-402.) (383) Bathtub and handles of 2928 building Unit 204 needed caulking. (Sec. 12-405.) (384) Toilet of 2928 building Unit 301 needed repair or replacement and needed to be properly secured. (Sec. 12-403.) (385) Toilet of 2928 building Unit 302 needed to be properly secured. (Sec. 12-403.) (386) Bathtub and handles of 2928 building Unit 304 needed caulking. (Sec. 12-405.) (387) Toilet of 2928 building Unit 304 needed to be properly secured. (Sec. 12-403.) (388) Front entry doors of 2932 building needed to be properly secured. (Sec. 12-703.) (389) First floor fire door of 2932 building needed repair or replacement. (Sec. 12-703.) (390) Second floor fire door of 2932 building needed repair or replacement. (Sec. 12-703.) (391) South entrance of 2932 building needed painting. (Sec. 12-703.) (392) Noxious weds on west side of property of 2932 building needed to be removed. (Sec. 19-103.) (393) Exterior of 2932 building needed caulking where needed. (Sec. 12-702.) (394) Refrigerator door gasket of 2932 building Unit 103 needed repair or replacement. (Sec. 12-402.) (395) Light globe in bedroom of 2932 building Unit 103 needed replacement. (Sec. 12- 504.) (396) Smoke detector in bedroom of 2932 building Unit 103 needed replacement. (Sec. 5- 204f.) (397) Licensed pest exterminator needed to be hired to eliminate the infestation of cockroaches of 2932 building Unit 103. (Sec. 12-308.) (398) Bathroom ceiling of 2932 building Unit 104 needed repair. (Sec. 12-704.) (399) Ceiling in living room of 2932 building Unit 201 needed repair. (Sec. 12-704.) (400) Vent fan of 2932 building Unit 201 needed repair or replacement. (Sec. 12-709.) (401) Wire smoke detector of 2932 building Unit 201 needed replacement. (Sec. 5-204f.) (402) Globe on hallway light of 2932 building Unit 303 needed to be installed. (Sec. 12- 504.) (403) Switch plate cover in hallway/entry of 2932 building needed replacement. (Sec. 12- 504.) (404) Kitchen light and switch plate cover of 2932 building needed repair or replacement. (Sec. 12-504.) (405) Smoke detector of 2932 building Unit 303 needed replacement. (Sec. 5-204f.) (406) Battery operated smoke detectors in every bedroom of 2932 building Unit 304 needed to be installed. (Sec. 5-204£) (407) Leasing signs of 2936 building needed repair or replacement. (Sec. 35-313.) RESOLUTION NO. 2007-161 (408) Second floor window sill under window on SE side of 2936 building needed repair. (Sec. 12-703.) (409) Exterior of 2936 building needed caulking where needed. (Sec. 12-702.) (410) First floor A/C on north side of 2936 building needed repair. (Sec. 12-709.) (411) Stucco on east side of 2936 building needed repair. (Sec. 12-702.) (412) Window in boiler room of 2936 building needed replacement. (Sec. 12-703.) (413) Exterior of 2936 building needed caulking. (Sec. 12-702.) (414) Bathroom light of 2936 building Unit 103 needed repair or replacement. (Sec. 12- 504.) (415) Toilet of 2936 building Unit 104 needed repair or replacement and needed to be properly secured. (Sec. 12-403.) (416) Hard wire smoke detector of 2936 building Unit 104 needed replacement. (Sec. 5- 204f.) (417) Battery operated smoke detectors in every bedroom of 2936 building Unit 104 needed installation. (Sec. 50-204f.) (418) Bathroom ceiling of 2936 building Unit 201 needed repair. (Sec 12.704.) (419) Grease laden surfaces in kitchen of 2936 building Unit 202 needed cleaning. (Sec. 12-709.) (420) Faucets in bathtub of 2936 building needed repair or replacement. (Sec. 12-405.) (421) Bathroom ceiling of 2936 building Unit 202 needed repair. (Sec. 12-704.) (422) Dishwasher of 2936 building Unit 203 needed repair or replacement. (Sec. 12-402.) (423) Fire extinguisher of 2936 building Unit 203 needed to be provided. (Sec. 12-709.) (424) Air conditioner of 2936 building Unit 203 needed repair or replacement. (Sec. 12- 709.) (425) Wall around wall air conditioner of 2936 building Unit 203 needed repair. (sec. 12- 704.) (426) Air conditioner of 2936 building Unit 204 needed repair or replacement. (sec. 12- 709.) (427) Wall around air conditioner of 2936 building Unit 204 needed repair. (sec. 12-704.) (428) Bathtub of 2936 building Unit 204 needed caulking. (Sec. 12-405.) (429) Toilet of 2936 building Unit 204 needed to be properly secured. (Sec. 12-403.) (430) Smoke detector of 2936 building Unit 204 needed to be replaced. (Sec. 5-204f.) (431) Toilet of 2936 building Unit 301 needed to be properly secured. (Sec. 12-403.) (432) Wall around air conditioner of 2936 building Unit 302 needed repair. (Sec. 12-704.) (433) Globe on hallway light of 2936 building Unit 302 needed to be installed. (Sec. 12- 504.) (434) Smoke detector of 2936 building Unit 302 needed replacement (Sec. 5-204f.) (435) First floor fire door of 2940 building needed repair or replacement. (Sec. 12-703.) (436) Exposed wood on south entrance of 2940 building needed painting. (Sec. 12-702.) (437) Dryer vent on north side of 2940 building needed caulking. (Sec. 12-702.) (438) Exterior of 2940 building needed caulking where needed. (Sec. 12-702.) (439) Bathroom ceiling of 2940 building Unit 102 needed repair. (Sec. 12-704.) RESOLUTION NO. 2007-161 (440) Floor covering on kitchen/dining area of 2940 building Unit 102 needed repair or replacement. (Sec. 12-704.) (441) Smoke detector(s) of 2940 building Unit 103 needed replacement. (Sec. 5-204f) (442) Bathroom ceiling of 2940 building Unit 203 needed repair. (Sec. 12-704.) (443) Floor covering in kitchen/dining area of 2940 building Unit 203 needed repair or replacement. (Sec. 12-704.) (444) Bathroom ceiling of 2940 building Unit 203 needed repair. (Sec. 12-704.) (445) Toilet of 2940 building Unit 203 needed to be properly secured. (Sec. 12-403.) (446) Outlet cover plate in living room of 2940 building Unit 204 needed replacement. (Sec. 12-504.) (447) Cover plate of A/C outlet of 2940 building Unit 204 needed replacement. (Sec. 12- 504.) (448) Closet door(s) in bedrooms of 2940 building Unit 204 needed repair or replacement. (Sec. 12-703.) (449) Light globe in bedroom of 2940 building Unit 204 needed replacement. (Sec. 12- 504.) (450) Toilet of 2940 building Unit 204 needed repair or replacement. (Sec. 12-403.) (451) Bathroom ceiling of 2940 building Unit 204 needed repair. (Sec. 12-704.) (452) Hard wire smoke detector of 2940 building Unit 204 needed replacement. (Sec. 5- 204f.) (453) Base cabinet door in kitchen of 2940 building Unit 301 needed replacement. (Sec. 12-402.) (454) Globe on hallway light of 2940 building Unit 301 needed installation. (Sec. 12-504.) (455) Battery operated smoke detectors in bedrooms of 2940 building Unit 302 needed replacing. (Sec. 5-204f.) (456) Toilet of 2940 building Unit 303 needed repair or replacement. (Sec. 12-403.) (457) GFCI outlet covers in bathroom of 2940 building Unit 303 needed installation. (Sec. 12-504.) (458) Leak to ceiling/roof around light fixture in bedroom of 2940 building Unit 304 needed repair. (Sec. 12-704.) C. As documented in a Compliance Order dated November 15, 2006 (Tab 2 of the City Staff's Exhibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Throughout Center Pointe, windows off the decks needed to be scraped, primed, and painted. (Sec. 12-703.) (2) Throughout Center Pointe, fire extinguishers needed to be recertified. (Chapter 5) (3) Throughout Center Pointe, exterior and interior damage caused by leaking air conditioner units needed to be repaired, including the replacement of sheet rock and insulation where required to adequately repair the damage. (Sec. 12-702.) RESOLUTION NO. 2007-161 (4) Exterior lighting of buildings 2802, 2806, 2810, 2814, 2818, 2822, 2830, 2834, 2908, 2912, 2931, and 2940 needed to be provided. (5) Structural damage to the garages in the 2800 bank needed to be repaired. (Sec. 12- 707.) (6) Missing downspout on the east end of the 2800 bank of garages needed to be replaced. (Sec. 12-707.) (7) Debris on the 2800 bank of garages needed to be removed. (Sec. 12-707.) (8) The fence on the north end of the 2800 bank of garages property needed to be repaired or replaced. (Sec. 12-706.) (9) Brush and debris located behind the 2900 bank of garages needed to be removed. (Sec. 12-707.) (10) The damaged overhead doors on the 2900 bank of garages needed to be replaced. (Sec. 12-707.) (11) Debris on the 29800 bank of garages needed to be removed. (Sec. 12-707.) (12) Structural damage to the garages in the 2900 bank needed to be repaired. (Sec. 12- 707.) (13) Downed trees needed to be cleaned up and stumps needed to be removed. (Sec. 12- 317.) (14) Brush piles needed to be removed. (Sec. 12-317.) (15) Debris needed to be removed. (Sec. 12-702.) (16) Metal flashing along the roof perimeters needed to be prepped, caulked, primed, and painted or replaced. (Sec. 12-702.) (17) Roof jacks needed to be replaced as needed. (Sec. 12-702.) (18) Exterior of 2802 building needed to be caulked where needed. (Sec. 12-702.) D. As documented in an inspection report of the Minnesota Housing Finance Agency dated May 5, 2007 (Tab 3 of the City Staff's Exhibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Patio railing was broken and tub had inoperable hot water facet in unit of 2802 building. (2) Appliances were missing, kitchen sink trap missing, vinyl flooring coming up at entry, and infestation of insects and cockroaches in unit of 2818 building. (3) Bathtub hot water facet did not shut off, bathroom fan was inoperable, nonworking oven and 2 left burners worked only periodically in unit of 2822 building. (4) Water damage to bathroom ceiling with saturation and bubbling existed in unit of 2826 building. (5) No electricity in unit of 2830 building. (6) Unit was not habitable for human occupancy in 2838 building. (7) Bathroom had mold around tub and facet leaks in unit of 2904 building. (8) Bathroom door knob was loose and had a broken mirror in unit of 2912 building. (9) Smoke detector had a low battery in unit of 2924 building. RESOLUTION NO. 2007-161 (10) GFI in kitchen did not test in one unit; unit was not habitable for human occupancy; entry door frame was cracked and missing refrigerator and tub stop in unit of 2928 building. (11) Windows and doors boarded up with DEA painted on boards in unit and electrical hazard in unit of 2932 building. (12) Water leaked into bathroom of unit from unit above with standing water on bathroom floor in 2936 building. (13) GFI outlet in bathroom did not test in Unit of 2940 building. (14) East side entry was inoperable; cut off valve on boiler was not shut off and was leaking to both boilers, latch missing on electrical box in electrical room, and door to electrical room was not secure in 2802 building. (15) North side entry was inoperable and lock was broken to 2810 building. (16) Entry security door to 2818 building was broken. (17) Dryer vents were improperly hooked up resulting in a fire hazard in 2822 building. (18) Dryer vents were improperly hooked up resulting in a fire hazard in 2826 building. (19) Torn and frayed carpet in common areas was hazardous, dryer vents were improperly hooked up resulting in a fire hazard, and there was a loose hand rail in basement stairwell of 2822 building. (20) Dryer vents were improperly hooked up resulting in a fire hazard in 2900 building. (21) Hand rail was missing in center courtyard, dryer vents were improperly hooked up resulting in a fire hazard, and first floor emergency horn was hanging by wires in 2912 building. (22) North entrance security door lock was missing and inoperable and dryer vents were improperly hooked up resulting in a fire hazard in 2920 building. (23) Basement wall near laundry room had mold on it and water heater was rusting and corroded in 2924 building. (24) Exterior wall had large cracks and was separating from wall of 2934 building. (25) Entry security door to 2940 building was broken. E. As documented in a Compliance Order dated April 25, 2007 (Tab 4 of the City Staff s Exhibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Security entrance door and south end in 2810 building needed to be repaired or replaced. (2) East entrance door in 2814 building needed to be repaired or replaced. (3) Laundry light globes were missing and/or broken and needed to be repaired or replaced. (4) Basement laundry room fire door was missing and needed to be replaced. (5) West side entrance to 2912 building was not secure and needed to be repaired or replaced. 1 RESOLUTION NO. 2007-161 (6) High voltage wiring at the second floor landing east the west entrance to 2912 building was exposed and needed to be repaired. (7) North side entrance to 2912 building was not secure and needed to be repaired or replaced. (8) Entry door to 2920 building was not secure and needed to be repaired or replaced. (9) South side entrance to 2924 building was not secure and needed to be repaired or replaced. (10) Equipment access panel door in basement laundry room was not secure and needed to be repaired or replaced. F. As documented in a Compliance Order dated April 17, 2007 (Tab 4 of the City Staff's Exhibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Wired glass in first floor north door to 2802 building had holes and needed to be repaired. (2) East side entrance to 2806 building was not secure; the closure tension needed to be adjusted. (3) North side entrance to 2806 building was not secure; the closure tension needed to be adjusted. (4) Security entrance door and sidelight on the south side of 2810 building needed to be repaired or replaced. (5) East side entrance to 2814 building was not secure and needed to be repaired or replaced. (6) Corridor light in 2814 building was broken and needed to be repaired or replaced. (7) Emergency light on north side of first floor of 2818 building was missing and needed to be replaced. (8) West side entrance to 2834 building was not secure and needed to be repaired or replaced. (9) Second floor landing had graffiti at the top of the knee wall in the 2834 building and needed to be removed. (10) Light globes in basement/laundry room were broken or missing and needed to be replaced or installed. (11) Walls in corridor had mold and mildew that needed to be removed. (12) Fire door in basement/laundry room was missing and needed to be installed. (13) West side entrance to 2912 building was not secure and needed to be repaired or replaced. (14) High voltage wiring at the second floor landing east the west entrance to 2912 building was exposed and needed to be repaired. (15) North side entrance to 2912 building was not secure and needed to be repaired or replaced. (16) Laundry room floor needed to be cleaned. RESOLUTION NO. 2007-161 (17) North side entrance to 2920 building was not secure and needed to be repaired or replaced. (18) South side entrance to 2924 building was not secure and the lock and latch needed to be repaired or replaced. (19) Equipment access panel door in basement laundry room was not secure and needed to be repaired or replaced. (20) Emergency light and stair landing light on north side of second floor of 2928 building had a low battery and needed to be replaced. G. As documented in a Compliance Order dated February 21, 2007 (Tab 4 of the City Staff s Exhibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Fire door on first floor on north of 2802 building had holes in wired glass and needed repair. (2) Dryer tops missing in basement/laundry and needed replacement. (3) Fluorescent light globe broken in basement/laundry needed repair. (4) Fluorescent light globe missing in basement/laundry and needed replacement. (5) Corridor equipment access panel was not secure in basement/laundry and needed repair or replacement. (6) Fire door in basement/laundry had holes in wired glass - needed repair. (7) East side entrance door was not secure of 2806 building. Needed repair. (8) Security entrance door and sidelight on south end of 2810 building needed repair or replacement. (9) Security entrance door moulding on south end of 2810 building needed repair or replacement. (10) Door moulding on west entrance door of 2810 building needed repair or replacement. (11) Basement/laundry room needed cleaning. (12) East entrance door of 2814 building was not secure and needed to be repaired or replaced. (13) North entrance door of 2814 building was not secure and needed to be repaired or replaced. (14) Corridor light broken of 2814 building and needed to be repaired or replaced. (15) First floor apartment window screen of 2814 building needed repair or replacement. (16) Entrance door on south side of 2818 building was not secured and needed to be repaired or replaced. (17) Emergency lighting on first floor of 2818 building was missing and needed to be repaired or replaced. (18) Light globe broken in basement/laundry and needed to be repaired or replaced. (19) Fire door on north side of building was not operating correctly and needed repair. 1 RESOLUTION NO. 2007-161 (20) Entrance door on east side of 2822 building was not secure and needed to be repaired or replaced. (21) Entrance door on north side of 2822 building was not secure and needed to be repaired or replaced. (22) Fire door on first floor south end of 2826 building was not operating properly and needed to be repaired or replaced. (23) Heat sensor/smoke detector in laundry room may not have been functioning properly and needed to be checked. (24) Fire door on 3rd floor of south end of 2826 building did not operate properly and needed to be repaired.. (25) Equipment access panel in basement corridor was not secure and needed to be repaired or replaced. (26) Fire door on first floor on west side of 2834 building was not secure and needed to be repaired or replaced. (27) Second floor landing of 2834 building had graffiti that needed to be removed. (28) Laundry light globes were broken and/or missing and needed to be repaired or replaced. (29) Corridor walls of basement/laundry connecting two buildings had mold/mildew and needed to be repaired or replaced. (30) Entrance door on north side of 2838 building was not secure and needed to be repaired or replaced. (31) Second floor landing of 2838 building had graffiti and needed to be repaired or replaced. (32) Entrance door on east side of 2838 building had graffiti on glass that needed to be removed. (33) Electric meter room door of 2838 building was not secure and needed to be repaired or replaced. (34) Monitoring panel of 2838 building had low battery indicator and needed to be checked. (35) Entrance door on east side of 2838 building was not secure and needed to be repaired or replaced. (36) Entrance door on south side of 2900 building was not secure and needed to be repaired or replaced. (37) Security door/sidelight on south side of 2900 building glass was broken and needed to be repaired or replaced. (38) Entrance door on east side of 2900 building was not secure and needed to be repaired or replaced. (39) Entrance door on north side of 2904 building was not secure and needed to be repaired or replaced. (40) Fire door was missing in basement/laundry room and needed to be replaced. (41) Entrance door on west side of 2912 building was not secure and needed to be repaired or replaced. RESOLUTION NO. 2007-161 (42) Second floor landing near west entrance of 2912 building had exposed high voltage wiring and needed to be repaired. (43) Entrance door on north side of 2912 building was not secure and needed to be repaired or replaced. (44) Entry door on east side of 2916 building was not secure and needed to be repaired or replaced. (45) Wall in basement/laundry room had hole in it and needed to be repaired. (46) Washing machine in basement/laundry room needed repair. (47) Laundry room floor needed cleaning. (48) Entry door on north side of 2920 building was not secure and needed to be repaired or replaced. (49) Entry door on west side of 2920 building was not secure and needed to be repaired or replaced. (50) Entrance door on south side of 2924 building was not secure (both lock and latch) and needed to be repaired or replaced. (51) Second floor landing wall on north side of 2924 building had a hole in it and needed to be repaired. (52) Equipment access panel door in basement/laundry area was not secure and needed to be repaired or replaced. (53) Equipment access panel door in basement/laundry area was not secure and needed to be repaired or replaced. (54) Entry door on north side of 2936 building was not secure and needed to be repaired or replaced. (55) Window screen on ground at east side of 2936 building was damaged and needed to be repaired or replaced. H. As documented in a Compliance Order dated April 30, 2007 (Tab 6 of the City Staff's Exhibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Security entrance door to south end of 2810 building needed to be repaired or replaced. (2) East side entrance to 2814 building was not secure and needed to be repaired or replaced. (3) Light globes in laundry room were broken and missing and needed to be repaired and replaced. (4) Fire door in basement/laundry room was missing and needed to be installed. (5) West side entrance to 2912 building was not secure and needed to be repaired or replaced. (6) High voltage wiring at the second floor landing east the west entrance to 2912 building was exposed and needed to be repaired. RESOLUTION NO. 2007-161 (7) North side entrance to 2912 building was not secure and needed to be repaired or replaced. (8) North side entrance to 2920 building was not secure and needed to be repaired or replaced. (9) South side entrance to 2924 building was not secure and the lock and latch needed to be repaired or replaced. (10) Equipment access panel door in basement laundry room was not secure and needed to be repaired or replaced. I.. As documented in a letter from Police Lieutenant Kevin Benner dated August 27, 2007 (Tab 8 of the City Staff's Exhibit), the following violations of City Code existed at Center Pointe on August 9, 2007. No contrary evidence was presented. (1) South side entrance to 2802 building was not secure; lock and housing for lock on the door frame were missing. (2) Entrance to 2806 building was not secure; door didn't close and frame and door did not match. (3) North side entrance to 2814 building was not secure; lock was jammed open with a penny. (4) South side entrance to 2818 building was not secure; frame and door did not match. (5) West side entrance to 2810 building was not secure; lock was broken. (6) West side entrance to 2826 building was not secure; lock was broken. (7) South side entrance to 2826 building was not secure; lock was broken. (8) West side entrance to 2834 building was not secure; lock was broken. J. As depicted on the compact disk found at Tab 2 of the City Staff's Exhibit, the following violations of City Code existed at Center Pointe on April 12, 2007. No contrary evidence was presented. (1) Building 2822 - exterior door not functioning. (Sec. 12-408.) (2) Building 2822 - exterior door not functioning. (Sec. 12-408.) (3) Building 2822 - fresh urine on floor of hallway. (Sec. 12-302.) (4) Building 2822 - railing not attached to wall. (Sec. 12-406.) (5) Building 2818 - exterior door not functioning. (Sec. 12-408.) (6) Building 2818 - exterior door not functioning. (Sec. 12-408.) (7) Building 2806 - laundry machine not functioning. (Sec. 12-709.) (8) Building 2814 - exterior door not functioning. (Sec. 12-408.) (9) Building 2814 - exterior door not functioning. (Sec. 12-408.) (10) Building 2810 - exterior door not functioning. (Sec. 12-408.) (11) Building 2810 - exterior door not functioning. (Sec. 12-408.) (12) Building 2830 - trash outside of building. (Sec. 12-302.) (13) Building 2830 - exterior door not functioning. (Sec. 12-408.) RESOLUTION NO. 2007-161 K. (14) Building 2826 - exterior door not functioning. (Sec. 12-408.) (15) Building 2908 - exterior door not functioning. (Sec. 12-408.) (16) Building 2908 - exterior door not functioning. (Sec. 12-408.) (17) Building 2912 - exterior door not functioning. (Sec. 12-408.) (18) Building 2912 - exterior door not functioning. (Sec. 12-408.) (19) Building 2924 - exterior door not functioning. (Sec. 12-408.) (20) Building 2924 - broken laundry machine. (Sec. 12-408.) (21) Building 2928 - exterior door not functioning. (Sec. 12-408.) (22) Building 2940 - exterior door not functioning. (Sec. 12-408.) (23) Building 2940 - trash outside of door. (Sec. 12-302.) (24) Building 2936 - exterior door not functioning. (Sec. 12-408.) (25) Building 2932 - exterior door not functioning. (Sec. 12-408.) (26) Building 2932 - exterior door not functioning. (Sec. 12-408.) (27) Building 2920 - human feces on floor. (Sec. 12-302.) As depicted on the compact disk found at Tab 2 of the City Staff's Exhibit, the following violations of City Code existed at Center Pointe on May 10, 2007. No contrary evidence was presented. (1) Building 2814 - exterior door not functioning. (Sec. 12-408.) (2) Building 2810 -exterior door not functioning. (Sec. 12-408.) (3) Building 2800 - exterior door not functioning. (Sec. 12-408.) (4) Building 2826 - exterior door not functioning. (Sec. 12-408.) (5) Building 2826 - exterior door not functioning. (Sec. 12-408.) (6) Building 2834 - exterior door not functioning. (Sec. 12-408.) (7) Building 2834 - exterior door not functioning. (Sec. 12-408.) (8) Building 2834 - washing machine broken. (Sec. 12-709.) (9) Building 2838 - trash outside of building. (Sec. 12-302.) (10) Building 2832 - exterior door not functioning. (Sec. 12-408.) (11) Outside playground equipment broken. (Sec. 12-709.) (12) Building 2908 - exterior door not functioning. (Sec. 12-408.) (13) Building 2912 - exterior door not functioning. (Sec. 12-408.) (14) Building 2924 - exterior door not functioning. (Sec. 12-408.) (15) Building 2924 - exterior door not functioning. (Sec. 12-408.) (16) Building 2924 - trash outside building in common area. (Sec. 12-302.) (17) Building 2924 - standing water in basement. (Sec. 12-302.) (18) Building 2928 - exterior door not functioning. (Sec. 12-408.) (19) Building 2940 - exterior door not functioning. (Sec. 12-408.) (20) Potholes in parking lot. (Sec. 12-316.) (21) Building 2940 - exterior door not functioning. (Sec. 12-408.) (22) Building 2940 - garbage outside of door. (Sec. 12-302.) (23) Building 2936 - exterior door not functioning. (Sec. 12-408.) 1 RESOLUTION NO. 2007-161 (24) Building 2932 - trash outside door. (Sec. 12-302.) (25) Building 2932 - exterior door not functioning. (Sec. 12-408.) (26) Building 2932 - exterior door not functioning. (Sec. 12-408.) (27) Building 2920 - dog feces in bag outside of door. (Sec. 12-302.) (28) Building 2920 - exterior door not functioning. (Sec. 12-408.) (29) Building 2920 - feces in hallway. (Sec. 12-302.) (30) Broken garage doors. (Sec. 12-408.) L. As depicted in the compact disk found at Tab 2 of the City Staff's Exhibit, the following violations of City Code existed at Center Pointe on June 22, 2007. No contrary evidence was presented. (1) Building 2820 - exterior door not functioning. (Sec. 12-408.) (2) Building 2822 - exterior door not functioning. (Sec. 12-408.) (3) Building 2818 - exterior door not functioning. (Sec. 12-408.) (4) Building 2818 - railing not attached to wall. (Sec. 12-406.) (5) Building 2806 - exterior door not functioning. (Sec. 12-408.) (6) Building 2802 - exterior door not functioning. (Sec. 12-408.) (7) Building 2802 - exterior door not functioning. (Sec. 12-408.) (8) Building 2814 - trash outside building. (Sec. 12-302.) (9) Building 2814 - exterior door not functioning. (Sec. 12-408.) (10) Building 2814 - exterior door not functioning. (Sec. 12-408.) (11) Building 2814 - broken window. (Sec. 12-703.) (12) Building 2814 - used diaper outside of door. (Sec. 12-302.) (13) Building 2810 - exterior door not functioning. (Sec. 12-408.) (14) Building 2810 - trash outside door. (Sec. 12-302.) (15) Building 2810 - exterior door not functioning. (Sec. 12-408.) (16) Building 2812 - exterior door not functioning. (Sec. 12-408.) (17) Building 2826 - exterior door not functioning. (Sec. 12-408.) (18) Building 2816 - exterior door not functioning. (Sec. 12-408.) (19) Building 2900 - exterior door not functioning. (Sec. 12-408.) (20) Building 2916 - exterior door not functioning. (Sec. 12-408.) (21) Building 2916 - feces in basement hallway. (Sec. 12-302.) (22) Building 2916 - exterior door not functioning. (Sec. 12-408.) (23) Building 2932 - exterior door not functioning. (Sec. 12-408.) (24) Building 2932 - exterior door not functioning. (Sec. 12-408.) (25) Building 2932 - human feces in hallway. (Sec. 12-302.) (26) Building 2940 - exterior door not functioning. (Sec. 12-408.) (27) Building 2940 - trash outside door. (Sec. 12-302.) (28) Potholes in driveway. (Sec. 12-316.) (29) Building 2928 - exterior door not functioning. (Sec. 12-408.) (30) Building 2928 - exterior door not functioning. (Sec. 12-408.) RESOLUTION NO. 2007-161 (31) Building 2928 - basement flooded. (Sec. 12-302.) M. Licensee has failed to maintain and provide occupancy registers in accordance with Code Section 12-909. N. Licensee failed to be current on payment of all utility bills as required by Code Section 12- 901, paragraph 4. Default on a loan is not a violation of City Code. 0. Not all relevant sections of the Brooklyn Center Code of Ordinances were presented at the hearing. However, the City Council takes judicial notice of the Code. 1 RESOLUTION NO. 2007-161 ORDER 1. The rental housing license for Center Pointe Apartments is revoked for a period of one year from the effective date of revocation. 2. This revocation applies to all parts of the Center Pointe rental apartment complex. Revocation shall be effective commencing on Januarv 14 , 2008 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 9 prohibits the reletting or occupancy of rental units that become vacant from the effective date of revocation until a new license is issued. 6. The licensee is further advised that Brooklyn Center City Code, Section 12-910, paragraph 10 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 terms of City Code Chapter 12 during the term of the revocation is a misdemeanor and grounds for extension of the term of revocation or for a decision not to reinstate the license. The following MEMORANDUM is made a part of these Findings of Fact and Order. RESOLUTION NO. 2007-161 MEMORANDUM Introduction Chapter 12 of the Brooklyn Center City Code is intended to require that rental housing in the City is decent, safe and sanitary for the residents of the dwelling units and that the presence of the rental dwelling business does not become a nuisance or a blight on the community. The evidence presented at the hearing demonstrated a year-long pattern of neglect of the licensee's duties and responsibilities under the law and of disregard for the health and safety of residents of Center Pointe. The result of this neglect is that the residents of the 252 units of Center Pointe have lived in squalid, unsanitary, and unsafe housing. The evidence showed overwhelmingly that the Center Pointe Apartments have been in a deplorable state of neglect and disrepair. Although the licensee objected on various grounds to the introduction of evidence of its violations and evidence of the state of the apartment complex, no evidence was presented to demonstrate that any of the evidence of violations was inaccurate. Sufficiencv of Notice Respondent complained that it had not had adequate notice of the grounds for proposed license revocation or suspension as required by Code Section 12-910, p. 7. Section 12-910, paragraph 4 provides that licenses may be revoked or suspended for any one of a number of grounds, which are generally comprised of failure to comply with the requirements of the City Code and other applicable codes and laws. To assure that a licensee is afforded a fair hearing, the licensee must be provided with a sufficient statement or description of the alleged failures to comply with legal requirements so the licensee can prepare a defense. In this case, the evidence specifying violations was voluminous, being comprised of compliance orders, reports and video CDs. All relevant evidence of these alleged violations was provided to counsel for the licensee before the hearing. Evidence that was not provided to counsel before the hearing (e.g. Tabs 11, 12 and 13) is not evidence of grounds for revocation and has not formed the basis for the attached Order. The attached Order lists nearly 700 violations, all of which were specified, listed or shown in the evidence provided to the licensee before the hearing. As to these violations, counsel for the licensee objected to introduction some of the evidence of the violations on the grounds that it was untimely, irrelevant, hearsay or improperly obtained, among others. However, no assertion was made that the evidence of these violations was not received before the hearing. RESOLUTION NO. 2007-161 Moreover, although the evidence of these violations was received before the hearing, no assertion was made and no evidence was produced by the licensee that a single one of these violations did not occur. Time of Violations Counsel to licensee objected to consideration of much of the evidence on violations because the violations were not sufficiently recent. Specifically some of the violations occurred in late 2006, which was during the license period of the prior licensee, and most of the violations were identified without proof that they continued to be in existence as of the date of the hearing. The dates of two of the earlier compliance orders showing code violations were October 5 and November 15, 2006, which was during the licensee's prior two-year license term. City Code Section 12-901, paragraph 3 provides that no application for a license renewal shall be submitted to the City Council until the Compliance Official has determined that all life, health safety violations or discrepancies have been corrected. Testimony suggested that most of these violations had been corrected by the time the licensee's current license was issued in January of 2007. Likewise, the City staff did not prove that the other violations listed or depicted in the evidence continued up to and including the date of the hearing. However, the City is not limited to imposing license sanctions on the basis only of violations that continue as of the date of the hearing. The rationale urged by licensee would allow any licensee to avoid any sanctions for violations, no matter how egregious or how numerous, by the simple expedient of correcting the violations by the date of the hearing. This is much like suggesting that a liquor license can never be revoked for illegal sales of alcohol to minors unless the licensee is selling alcohol to a minor at the time of the hearing. There is nothing in City Code Section 12-901 that suggests that the only grounds for license revocation or suspension are violations that continue at the time of the hearing. Although some violations were more recent than others, taken collectively, they form a picture of the extent of licensee's violations during the twelve-month period before the hearing. Evidence of Criminal Activities City staff introduced evidence of general and specific criminal activity at or associated with Center Pointe Apartments. The lack of effort to take steps to curb criminal activity and to reduce the number of police calls to Center Pointe may reflect poor management and even poor citizenship. However, the occurrence of criminal activities described in the hearing and the high, and increasing level of police calls are not violations of City Code and not a ground for suspension or revocation. However, the evidence demonstrated that some of the violations (specifically the failure to maintain operating door locks on exterior doors) are a factor in criminal activity. The failure to maintain RESOLUTION NO. 2007-161 locks not only impedes successful law enforcement activity, but significantly diminishes the security and safety of residents of the facility. Likewise, the statistics on the increasing number of police-related calls is not grounds for suspension or revocation, but it is an indication of the need to maintain security measures like exterior door locks. Therefore, the continuing neglect of the licensee's obligation to maintain operating exterior door locks is a matter of serious concern. Videotape Evidence Respondent objected to the introduction of the videotape evidence found at Tab 1 of the City staff's exhibit. That videotape depicts a number of violations. To the extent violations depicted are found significant and sufficiently reliable, they are listed in findings J, K, and L. The videotape was provided to counsel for the licensee before the hearing. The licensee presented no evidence challenging the evidence of the videotape or suggesting in any way that it was false or inaccurate. However, the licensee did object to the introduction of the evidence on the grounds that it was hearsay and that licensee's counsel did not have the opportunity to cross-examine the witnesses who spoke during the taping or the person who took the videotape. The Council is not bound by strict rules of evidence and finds the evidence of sufficient probative value and reliability to consider it for the limited purposes for which it is used here, for several reasons. First, the evidence is not contradicted by licensee. Second, it is cumulative of substantial, uncontested evidence of the same kinds of violations on many other occasions. Third, the evidence is pictorial evidence of very simple facts, which need little or no interpretation. Licensee also objected to the introduction of the videotape evidence because it was obtained by a search that was alleged by licensee to be unlawful as violative of constitutional protections against unreasonable search and seizure. The Fourth Amendment to the US Constitution protects one from unreasonable searches and seizures. By way of the Fourteenth Amendment, the Fourth applies to the States. In general, these Amendments require the government to obtain a warrant prior to executing a search. If a warrant is not obtained or the warrant is defective, the items seized during the search may be excluded from evidence depending on the type of proceeding. However, there are exceptions to the warrant requirement. For example, city inspectors do not have to obtain a warrant prior to conducting an administrative search when acting within their rights as described in a municipal ordinance. State v. Wvbierala, 305 Minn. 455, 235 N.W.2d 197 (1975) stating "inspection of a place of business during business hours, in the enforcement of reasonable regulations in the exercise of police power, is not a violation of the guaranty against searches and seizures." RESOLUTION NO. 2007-161 Consent is also an exception to the warrant requirement. For example, landlords can consent to the search of public areas in an apartment complex. State v. Mallev, 2003 WL 1215532, *3 (Minn. App. 2003). However, an element of an unreasonable search is a reasonable expectation of privacy. A search is not unreasonable, and therefore does not violate the constitution, if it does not violate a reasonable expectation of privacy. With regard to apartment buildings, our Federal Circuit has taken the position that there is no legitimate expectation of privacy within the common areas of apartment buildings. US v. Eisler. 567 F.2d 814 (8th Cir. 1977) reh'g denied Jan. 9, 1978. The Court has examined specific apartment related challenges; i.e., garage banks, locked entries, basement laundry rooms, and hallways. For example, in concluding that there was no reasonable expectation of privacy in an apartment parking garage, the Court reasoned that it was used in common with other tenants of the complex along with their guests, landlords, and agents, and it has a similar nature with a common hallway. With regard to the locked entrances of apartment buildings, the Court held that these are meant to provide security to tenants and not provide privacy to common areas. Cornelius v. State. 2004 WL 237768, *2; see also Eisler. 567 F.2d at 816. Even where the government officer is technically a trespasser on the property, it is "of no consequence" where one has no reasonable expectation of privacy. Id.; US v. McGrane. 746 F.2d . 632, 634 (8th Cir. 1984). In the case of the videotape evidence in this case, all violations cited were within the common areas of the apartment complex. MHFA Violations Failure to comply with MHFA rules is not necessarily a violation of City Code. However, some of the violations of MHFA rules are also violations of City Code. No evidence was presented to contradict the report of MHFA violations. Standard of Review Counsel for licensee objected to the proceedings because no standard of review had been established. However, this was not a review of decisions by another body. Rather the hearing was conducted de novo. The City staff met its burden of proof, establishing the occurrence of the violations, essentially without any contradictory evidence. Evidence of Licensee's Business Activities in Other Cities. Licensee's business activities in other cities are not grounds for license revocation or suspension in this case and is not otherwise relevant in this case. RESOLUTION NO. 2007-161 Criminal Complaints and Nuisance Abatement Licensee objected to consideration of criminal complaints against Asgher Raza Ali and Hyder Raza Jaweed on the ground that these were only complaints and not convictions and that a person is innocent of a crime until proven guilty. While these observations may be true as they describe the criminal law, this is not a criminal case. The defendants may not be guilty of crimes as individuals, but that does not mean that the violations of City Code described in the complaints did not occur. The complaints were signed by Lt. Benner of the Police Department and contain descriptions of violations that occurred at Center Pointe. The fact that those violations were included in a complaint does not mean that the Council may not consider them. It is not necessary that violations be successfully prosecuted as crimes to be used as a basis for suspension or revocation of a license. In fact, there was no evidence that any of the hundreds of violations described in the attached order resulted in criminal convictions. However, if those violations had been included in a criminal complaint that would not mean that they could no longer be considered by the Council in this proceeding. Nevertheless, the Council finds that the violations described in the criminal complaint are largely included in other evidence, are duplicative or repetitive and have been given no additional weight because they were included in a criminal complaint. Likewise, no consideration has been given to the nuisance abatement action. Revocation When deciding whether to revoke or suspend a license, the Council is required by City Code, Section 12-910, paragraph 7, to "give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply." Licensee was certainly made aware that City staff regarded the violations of Center Pointe to be serious and important by the staff s ongoing efforts to encourage licensee to operate Center Pointe in accordance with the requirements of law. The attached findings list hundreds of violations so there can be little question of their frequency. Some violations are minor but many are serious, affecting the health, safety and quality of life of the residents of Center Pointe. People should not be required to live and raise their families in housing with inoperative smoke alarms, exposed wiring, cockroach infestation, feces and trash in hallways and common areas, and handrails falling from the walls. Failure to maintain adequate caulking and keep plumbing in repair can lead to mold and other unhealthy, unsafe and unsanitary conditions. Non-functioning exterior door locks robs tenants of basic security and frustrates law enforcement activities. RESOLUTION NO. 2007-161 Yet as serious as these violations are, they almost all seem to be matters that could be resolved without serious cost or inconvenience. Virtually no evidence was presented to suggest that these violations could not have been avoided by routine maintenance, could not have been discovered by ordinary inspections, or could not have been repaired or remedied promptly and at reasonable expense. In fact, the testimony of representations of licensee's new management company suggests that good management can remedy the outstanding violations and prevent their recurrence. The history of licensee's management over the year prior to the hearing seems to have been to ignore violations until forced by the City or the Minnesota Housing Finance Agency to remedy them. Under these circumstances, the Council finds that a revocation for one year is reasonable and necessary. Licensee has retained the services of Paramark to manage Center Pointe. The record is not clear exactly when this occurred. The City contacts with Paramark occurred in the week before the hearing. The testimony of Mr. Busch of Paramark was that Paramark began its managed duties in September 2007. This would have been several weeks after the licensee was given notice of the hearing to consider suspension or revocation of the license. While it is encouraging that licensee has retained a professional management company, it is regrettable that licensee took this step only under threat of revocation. It is hoped that the recent efforts of the licensee to act responsibly in the management of Center Pointe will continue over the next year so that the facility will qualify for a license at the end of the revocation period. December 10, 2007 C ~/o Date Mayor ATTEST: 1?C 1/ (WW 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, Kay Tasman, Dan Ryan, and Mark Yelich; and the following voted against the same:Mary O'Connor; whereupon said resolution was declared duly passed and adopted.