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CHARTERED Ronald H. Batty 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9262 telephone (612) 337-9310 fax rbatty@kennedy-graven.com http://www.kennedy-graven.com MEMO To: Mayor and Members of the City Council From: Ron Batty, city attorney Date: October 20, 2017 Re: Consideration of Adverse Action Regarding Rental Housing License for 1772 Pleasant Street At its meeting on October 24, 2017, the city council will conduct a hearing regarding the rental housing license eligibility for the property located at 1772 Pleasant Street. Code section 9-11-1 provides that the purpose of the city's rental licensing ordinance is to prevent rental units from becoming a nuisance to the neighborhood, an influence that fosters blight and deterioration or one which creates a disincentive to reinvest in the community. That section of the Code also provides that the City's rental licensing regulations are necessary to ensure that rental housing within the City is in decent, safe, and sanitary condition. That section further states that the operation of rental residential properties is a business enterprise that entails certain responsibilities. Code section 9-11-6, paragraph A makes it clear that the property owner is responsible for violations of duties and obligations under the ordinance even if those obligations are shared by the occupants of the rental units. City Code section 9-11-6, paragraph C requires that each owner of a rental dwelling obtain a rental license from the City prior to renting such dwelling unit. Additionally, City code section 9-11-10 imposes on the owner of a licensed rental dwelling an obligation to ensure that the persons living in the rental unit or units refrain certain illegal or nuisance activities on the premises. A copy of the ordinance is attached to this memorandum for your reference. The ordinance provides for notice to the property owner following each incident of violation of the city code. Upon the occurrence of three code violations within a twelve-month period of time, the city administrator is required to initiate a hearing before the city council. By letters to Mr. Erenberg dated August 11, 2017 and September 25, 2017, the city administrator notified Mr. Erenberg that there had been three code violations at 1772 Pleasant within less than a twelve-month period. The dates and general nature of those incidents are specified in the August 11th and September 25th letters. Additional details are specified in the St. Anthony police department reports concerning the incidents, all of which are included in your packet and made part of the record. 509658v1 RHB LA135-3