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HomeMy WebLinkAboutResolution 98-60RESOLUTION 98-60 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 ANTHONY WILCZEK (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3935 TYLER STREET, 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 JUNE 17, 1998 OF A PUBLIC HEARING TO BE HELD ON MjLY 27, 1998. 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 March 1, 1998, Charlie Kewatt, Enforcement Officer for the City of Columbia Heights, mailed by regular mail a relicensing application and a notice to schedule an annual inspection to the owner of the property at 3935 Tyler Street. 2. That on April 21, 1998, a second notice to schedule an annual inspection and a notice of late relicensing application was sent by regular mail to the owner's address of 3935 Tyler Street. 3. That on May 14, 1998, it was noted that the owner of the property had not yet called and scheduled an inspection for the property and had not returned the relicensing fee and application. A final notice was sent certified by certified mail to the owner's address of 3935 Tyler Street. 4. That on June 15, 1998, shortly after the mailing of the notice the owner called the Fire Department's Housing Maintenance Code office and set up an inspection for June 16, 1998 at 2:00pro. 5. That on June 16, 1998, Gary Gotman, Inspector for the City of Columbia Heights, was present to inspect the property at 3935 Tyler at 2:00pro and no one was there to let the inspector into the rental unit. 6. That on June 17, 1998, a Statement of Cause and Notice of Revocation Hearing was mailed by certified mail to the owner's address at 3935 Tyler Street. Copies of the notices were sent by certified mail to the tenants at 3935 Tyler Street also. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SCHEDULE AN ANNUAL INSPECTION B. FAILURE TO SUBMIT A RELICENSING APPLICATION AND FEE OF $22.50 C. FAILURE TO SUBMIT THE NO-SHOW INSPECTION FEE OF $40.00 7. 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). CONCLUSIONS OF COUNCIL 1. That the building located at 3935 Tyler Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this heating, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. 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. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F2308 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. PASSED THIS 27TM DAY OF JULY, 1998. MOTION BY: SECONDED BY: ROLL CALL: JOLLY SZUREK ALL AYES CITY OF COLUMBIA HEIGHTS ATTEST: O,ANNE'~~STUDE~ ~COI'TY COUNCIL SECRETARY