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HomeMy WebLinkAbout2017-114 CCRMember APRIL Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2017-114 RESOLUTION SUSPENDING THE RENTAL LICENSE FOR 4100 LAKEBREEZE AVENUE NORTH WHEREAS, the City of Brooklyn Center ("City") issued a rental dwelling license pursuant to Chapter 12 of the Brooklyn Center City Code ("Code") for an apartment complex (a single building containing four rental units) located at 4100 Lakebreeze Avenue North ("Property") and which is owned by PBK Properties, LLC ("Owner"); and WHEREAS, the Owner failed to remain current on the payment of property taxes for the Property; and WHEREAS, Section 12-901(9) of the Code requires rental licensees with three or more units to remain current on "the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times"; and WHEREAS, Section 12-910(3) sets out a list of grounds on which the Council "may revoke, suspend, or decline to renew" a rental license, including for failure to pay property taxes; and WHEREAS, due to the Owner's failure to remain current on the property taxes for the Property, the City provided notice to the Owner and conducted a public hearing on July 24, 2017 to hear from the Owner and to consider whether to take any action on the license; and WHEREAS, the Council hereby finds and determines as follows: a. The City issued a Type III rental dwelling license for the Property that is set to expire on May 31, 2018; b. On June 6, 2017, the City confirmed with Hennepin County Taxpayer Services that the Owner did not pay the first half of the 2017 property taxes for the Property; c. On June 6, 2017, the City Clerk sent a letter to the Owner regarding the unpaid taxes; d. On June 26, 2017, the City Prosecutor sent a letter to the Owner indicating that the property taxes still had not been paid and provided notice of a public hearing to be held by the Council regarding a proposed action on the rental license for failure to remain current on the property taxes; RESOLUTION NO. 2017-114 e. On June 28, 2017, the City confirmed with Hennepin County Taxpayer Services that the Owner paid the first half of the property taxes, including penalties and interest; f. The Owner did not appear at the July 24, 2017 public hearing and did not submit anything in writing to the City for the hearing; g. The Council determines it is in the public interest to proceed with the public hearing and consideration of a license action once the formal notice has been given, even if an owner corrects the grounds for the license action, in order to provide a record of the noncompliance in case further grounds for a license action arise in the future, and to underscore to licensees the importance of complying with the requirements of the Code; h. Taking action regarding the license is appropriate here as the Owner violated Section 12-910(3)(b) of the Code by failing to remain current on the property taxes due on the Property; When considering a license action, Section 12-910(5)(b) requires the Council 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"; j. The Owner only recently acquired the Property, is new to rental licensing in the City, has no previous violations, and the violation does not create a health or safety risk for the public or the tenants; k. The Owner paid the real estate taxes before receiving the City Prosecutor's formal notice of a public hearing and action on the license; 1. Under the circumstances, the Council determines it is appropriate to exercise its authority under Section 12-910 of the Code to suspend the rental license until the Owner brings the Property into compliance with the requirements for rental licensees under the Code, including becoming current on the payment of real estate taxes; and in. The Council recognizes that because the Owner is current on the payment of the real estate taxes, and the City is not aware of any other current violations on the Property, the condition of the license suspension is immediately satisfied and the license is immediately, upon the adoption of this resolution, reinstated. RESOLUTION NO. 2017-114 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The Type III rental dwelling license issued for the property located at 4100 Lakebreeze Avenue North is hereby suspended effective immediately. The suspension applies to all parts of 4100 Lakebreeze Avenue North. 2. The period of suspension shall terminate immediately upon the Owner bringing the Property into compliance with all applicable licensee requirements, including being current on the payment of property taxes on the Property. 3. Because the Owner has paid the property taxes for the Property, and the City is not aware of any other violations, the Owner has satisfied the condition for reinstatement and the period of suspension is immediately terminated. 4. This suspension does not require the Owner to seek a new license or pay a reinstatement fee, but the Council will take this suspension into consideration if it needs to take action on the rental license issued for this Property in the future. August 14, 2017 Date ATTEST: ° City Clerk M1 Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kris Lawerence- Anderson and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Marquita Butler, April Graves, Kris Lawrence- Anderson, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted.