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HomeMy WebLinkAboutResolution No. 2004-75RESOLUTION 2004-75 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY EDWARD FRAGALE (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1324-26 CIRCLE TERRACE BLVD. NE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON SEPTEMBER 8, 2004 OF A PUBLIC HEARING TO BE HELD ON OCTOBER 25, 2004. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 1, 2004, Matt Field, inspector for the City of Columbia Heights, inspected the property and noted two violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on August 12, 2004, Matt Field, inspector for the City of Columbia Heights, reinspected the property and noted two violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on September 8, 2004, Matt Field, inspector for the City of Colm'nbia Heights, reinspected the property and noted one violation. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 4. That on October 5, 2004, Matt Field inspected the property and noted one violation. Compliance orders and a Statement of Cause were mailed by certified mail to the owner at the address listed on the Rental Housing License Application. 5. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE: i. Shall cut/trim/remove all/any scrub growth from the north side of the house. b. FAILURE TO SUBMIT REINSPECTION FEES OF $500.00 6. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number 1'6493 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. CONCLUSIONS OF COUNCIL That the building located at 1324-26 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, That all relevant parties and parties in interest have been duly served notice of this hearing and any other hearings relevant to the revocation or suspension of the license held by License Holder. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant or tenant as the case may be, have expired or such rights have been exercised and completed. Passed this 25th day of October 2004 Offered by: Second by: Roll Call: Kelzenberg Williams Ayes: Wyckoff, Wyckoff, Nawrocki, Ericson, Kelzenberg Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ~yor Julienne Wy - I~/