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HomeMy WebLinkAboutResolution 98-76RESOLUTION 98- 76 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5AA08(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY SUSAN LOEWENTHAL (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1407-1409 CIRCLE TERRACE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITFEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON AUGUST 13, 1998 OF A PUBLIC HEARING TO BE HELD ON AUGUST 24, 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 October 15, 1997, Matt Field and John Larkin, inspectors for the City of Colmbia Heights, noted fourteen violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on December 11, 1997, a 30 day extension was requested and granted. Extension orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 3. That on January 20, 1998, a 30 day extension was requested and granted. Four of the fourteen violations (exterior violations) listed were given time extensions to April 30, 1998. Extension orders listing the viohtions were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 4. That on February 19, 1998, Gary Gorman and Rich I4inrichs, inspectors for the City of Columbia Heights, attempted to reinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenants on both sides of the building were home, but stated that they had not been notified of the inspection that day. Inspectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 5. That on March 26, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, attempted to rcinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenant on the 1407 side was not home, and the tenant on the 1409 side was home, but stated that they had not been notified of the inspection that day. Inspectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 6. That on May 19, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, attempted to reinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenants on both sides of the building were home, but stated that they had not been notified of the inspection that day. Inspectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 7. That on or about May 20, 1998, Assistant ChiefAlexon had telephone conversation with a tenant of the Loewenthal properties who stated that Mr~ Kurt Loewenthai had passed away and that she was now paying her rent to an attorney for Susan Loewenthai. Assistant Chief Alexon wrote the attorney a letter asking for information on the status of the property. 8. That on May 26, 1998, Assistant ChiefAlexon received a letter from attomey at law, Mr David M. Jacobs's law firm stating that Mr Jacobs has been appointed special conservator of Susan Loewenthal. The letter also stated that it was only recently that Mr. Jacobs had become involved in these matters and would have a difficult time correct.ing any violations prior to the June 8, 1998 deadline. 9. That on June 5, 1998, Assistant Chief Alexon received a letter from Mr. Jacobs's office stating that they could not correct the violations due to Mr. Jacobsjust recen~y becoming involved with the Loewenthals and complications in the conservatorship process. The letter went on to ask for a 60-day extension. A 60-day extension was granted by Assistant Chief Alexon, with a reinspection date of August 5, 1998 being set. Also, a letter was sent to Mr. Jacobs detailing a list of immediate concern violations that Assistant Chief Alexon felt need to be corrected as soon as possible. 10. That on August S, 1998, Matt Field and ~Iohn Larkin inspectors for the City of Columbia Heights, inspected the property and found that none of the violations were corrected. A $40.00 reinspection fee was assessed. A Statement of Cause and a Notice of Revocation Hearing listing the uncorrected violations, was sent to the owner of the pwperty listed on the Rental Housing License Application and to the conservator of the Estate of Susan Loewenthal by certified mail. 11. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Cede were found to exist, to-wit: A. FAHJURE TO CORRECT VIOLATIONS OF THE HOUSING MAINTENANCE CODE B. F,AH~URE TO SUBMIT REINSPECTION FEES OF $40.00 12. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this heating according to the provisions of the City Code Section 5A.306(1 ) and 5A.303(1)(d). CONCI-USIONS OF COUNCIL 1. That the building located at 1407-4)9 Cirele Terrace is in violation of the provisions of the Cohnnbia 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 hearing, 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 nmber F2242 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 withiv 60 days ~'om the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL: 2b'th DAY OF August ,19.98 Peterson Ruettimann All ayes CITY OF COLUMBIA HEIGHTS, M3NNESOTA ITYC C OUNCIL SECRETARY