11-09-2015 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL NOVEMBER 9, 2015 City Attorney stated that they have sent Dacey some subpoenas for this property and the city has had 15 criminal animal cases against this property. The tenants have pled guilty to most of the charges but they have still not gotten into compliance which is why the city took the steps to deny the rental license. Dacey questioned when the city became aware that there was no rental license. City Administrator stated that it was always known and it is one of several properties in the city that is not licensed, and starting this summer, the city has taken steps to be more aggressive in obtaining full compliance with the rental licensing ordinance. He noted that in his opinion, he does not feel that a civil fine can be imposed under the rental license code since the license was denied. If a license would have been issued, then a fine could be imposed under the rental license code. He stated that a fine will not solve the issues and it appears that the city now has the cooperation of the property owner. He noted it is a civil matter for the property owner to deal with his tenants. Dacey stated that he must have misunderstood the city code where it states that fines could be imposed for properties that are being rented without a license. City Attorney noted that they were using the criminal courts against the tenants, which obviously is not working, but it's a civil issue now between the owner and tenants, and the city is pursuing the civil route with the owner. City Administrator stated there are two sections of the code that the licensing section refers to and in his opinion the one that allows the imposition of fines does not apply in this situation. Dacey questioned whether he should be looking for a new house so his family can feel safe or will this ever get resolved. City Attorney stated that it should be resolved within a few months based on the timeline given to the landlord and the timing of filing any litigation. Dacey asked what the city's next steps would be if the landlord fails to evict the tenants. City Attorney stated the city could seek an injunction and they would discuss doing that in a closed session. City Administrator stated that the city has been very aggressive with this situation as can be seen by the number of criminal charges, so it's not been for a lack of effort. However we are dealing with very challenging tenants. Just going to court doesn't mean the problem will be resolved. The tenants now claim to have the number of animals down to a legal number but they have not complied with an inspection for the city to verify this. Jack Schmidt, 2718 Edgerton, stated that in 1988, the property owner next door at 2708 Edgerton put in an illegal driveway and it messed up his front !!