HomeMy WebLinkAbout08/16/2012r
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LAUDERDALE CITY COUNCIL MEETING AGENDA
6:00 P.M. THURSDAY, AUGUST 16, 2012
LAUDERDALE CITY HALL, 1891 WALNUT STREET
The City Council is meeting as a legislative body to conduct the business of the City
according to Robert's Rules of Order and the Standing Rules of Order and Business of the
City Council. Unless so ordered by the Mayor, citizen participation is limited to the times
indicated and always within the prescribed rules of conduct for public input at meetings.
1. CALL THE MEETING TO ORDER
2. ROLL CALL
3. APPROVALS
a. Agenda
4. CONSENT
5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS
6. INFORMATIONAL PRESENTATIONS / REPORTS
7. HEARINGS
a. Rental Housing License Held by Giese Rice Creek, LLC., Owner of 1954
Malvern Street
8. DISCUSSION / ACTION ITEMS
9. ITEMS REMOVED FROM THE CONSENT AGENDA
10. ADDITIONAL ITEMS
11. SET AGENDA FOR NEXT MEETING
a. 2013 Budget Discussion
b. Open Burning Ordinance Discussion
c. Visit by County Sheriff Matt Bostrom — September 11
12. WORK SESSION
Any member of the public may speak at this time on any item not on the agenda. In
consideration for the public attending the meeting for specific items on the agenda, this
portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to
limit their comments to four (4) minutes or less. If the majority of the Council determines
that additional time on a specific issue is warranted, then discussion on that issue shall be
continued at the end of the agenda. Before addressing the City Council, members of the
public are asked to step up to the microphone, give their name, address, and state the
subject to be discussed. All remarks shall be addressed to the Council as a whole and not
to any member thereof. No person other than members of the Council and the person
having the floor shall be permitted to enter any discussion without permission of the
presiding officer.
Your participation, as prescribed by the Robert's Rules of Order and the standing rules of
order and business of the City Council, is welcomed and your cooperation is greatly
appreciated.
13. ADJOURNMENT
0,
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. coin
http://www.kennedy-jzraven.com
MEMORANDUM
To: Mayor and Members of the City Council
From: Ron Batty, city attorney
Date: August 14, 2012
Re: Consideration of Adverse Action Regarding Rental Housing License for 1954 Malvern Street
At its meeting on August 16, 2012, the city council will conduct a hearing regarding the rental housing
license for the property located at 1954 Malvern 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 states that the operation of rental residential properties is a
business enterprise that entails certain responsibilities. Code section 9-11-6 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 9-11-10 A imposes on the owner of a licensed rental dwelling an obligation to ensure
that the persons living in the rental unit or units refrain from disorderly activities on the premises. That
section cites numerous state statutes and city ordinances, the violation of which constitutes disorderly
activity. 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 disorderly activity.
Upon the occurrence of three disorderly incidents within a three-month period of time, the city
administrator is required to initiate a hearing before the city council. By letter to Mr. Giese dated
August 3, 2012, the city administrator notified Mr. Giese that there had been three disorderly incidents
at 1954 Malvern within less than a three-month period. The dates and general nature of those incidents
are specified in the August 3rd letter. (There have actually been several other incidents involving 1954
Malvern since the beginning of the year.) 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.
409299 RHB LA135-3
The purpose of the hearing, as specified in code section 9-11-10 E 1, is to consider whether the rental
dwelling license should be denied, revoked, suspended or not renewed. The city council is required to
hear all relevant evidence and arguments and review all testimony, documents and other evidence
submitted at the hearing. The owner and/or the owner's representative must be given an opportunity to
present evidence and address the council on the matter. The council has discretion as to whether to
allow other parties to present evidence at the hearing but all such evidence must be relevant to the
matter at hand. In conducting the hearing, the city council acts in a quasi-judicial capacity, i.e., it is
weighing evidence in a specific case, rather than setting public policy as it does in its legislative
capacity. The idea is to provide a fair opportunity for all relevant facts to be presented and for the
council to decide, based on the preponderance of the evidence, what action, if any, should be taken
regarding the rental license. The preponderance of the evidence means determining the relative weight
of the evidence or deciding what is more likely to be the case than not.
If the council determines that it will revoke, suspend or not renew the rental license (denial is irrelevant
at this time), it must make findings and issue a written decision within 30 days of the hearing. My
recommendation is that the council not attempt to do so the night of the hearing. I suggest that the
council direct city staff to prepare a document which includes the findings articulated by the council.
The staff will then draft a resolution or similar document which may be adopted, with or without
modifications, by the council at another meeting within 30 days. While the staff will ensure that the
resolution is in proper form, it is important that it be based on the reasons given by council members
regarding their action. In other words, a council member might say "I recommend that the city take
action X regarding the rental license because the property has become a nuisance for the following
reasons" and then list his or her reasons. Those reasons should be based on the evidence in the record.
Other members may add or modify the list of reasons or make a different motion. Staff should produce
a document thereafter which reflects the reasons articulated by a majority of the council and which the
council may formally adopt at a subsequent meeting. The council may also continue the hearing to a
later date if it believes additional time is necessary to evaluate evidence presented on August 16`I'.
The city council has broad discretion in fashioning a remedy it deems appropriate based on the
evidence at the hearing. Without attempting to limit those actions, the following is at least a partial list
of potential actions:
1. Revoke or suspend the license effective immediately. (As a practical matter, this implies an
effective date 30-45 days thereafter in order to allow the tenants to find another dwelling.)
2. Revoke or suspend the license effective at some later date, say 60-90 days thereafter.
3. Revoke or suspend the license but delay its effective date to give the owner an opportunity to
demonstrate he has taken appropriate measures to prevent further disorderly incidents.
4. Indicate that the license will not be renewed for 2013 unless certain conditions are met prior to
December 31.
5. Take no action.
I will be in attendance at the hearing and will be available to assist the council in conducting the
hearing and formulating an appropriate response.
409299 RHB LAI 35-3 2
Incident Report 12000370 - MN0272000 Page l of 2
c - 11111 ''111
I°: / ,.
ICR# 12000370 1 AGENCY ORI# MN0272000 I JUVENILE:
Z Reported: 01-14-2012 0019 First Assigned:1 123 FirstAnived:2325 Last Cleared:0021
® Committed Start: Committed End:
V Tide: Warrant Arrest How Received: Radio
= Summary:
Loud party call. Identified all occupants. 19 year old female and 22 year old female year old
female each had an outstanding misdemeanor Hennepin County warrant for theft. Both were
arrested and booked at the Hennepin County Jail on the warrants.
Location(s)
Address: 1954 MALVERN ST Lower City: Lauderdale State: MN Zip: 55113 Country:
Custom Attributes
I involvement: Anonymous Complainant
Involvement: Arrested
Age: 19
Address: 3546 Thomas Ave. N.
Hair Color. BLK
Arrest Date Time: 01-14-2012 0010
Involvement: Arrested
Age: 22
Address: 4683 Monroe St. NE.
Eye Color: BRO Hair Color: BLK
Arrest Date Time: 01-14-2012 0010
Involvement: Mentioned
Age: 20
Address: 3226 IRVING AVE N
Hair Color. BLK
Involvement: Mentioned
Age: 28
Address: 2515 Polk St No Apt
Hair Color:
Name: Asmar, La' shawtrad Nicole
Sex: F Race: B
City: Minneapolis
Name: Pratt, Maranda Renee
Sex: F Race:113
City: Columbia Heights
Height: 0 Weight- 0
State: MN Zip: 55412 Country:
Height; 505 Weight: 130
State: MN Zip: 55421 Country:
Name: Pratt, Delamonte Quinshawn
Sex: M Race: B Height: 506 Weight: 183
City: MPLS State: MN Zip: 55412 Country:
Name: Coburn, David Earl
Sex: M Race: Height: 507 Weight: 145
City: MINNEAPOLIS State: MN Zip: 55418 Country:
https://rvpdrms.metro-inet.us/letg/Appli cati ons/Incident/ReportControls/IncidentReport.aspx?Tran... 8/13/2012
Officer Assigned: Yanez, Jeronimo
Badge No: 151
Primary: Yes
W
LLOfficer
Assigned: Sunde, Tressa
Badge No: 138
Primary: No
LL
Officer Assigned: Wakasugi, Tyler
Badge No: 345
Primary: No
Officer Assigned: Johnson, Daniel
Badge No: 133
Primary: No
®
MOC: SA9944 Literal: WARRANT ARREST
Statute: UCR:
2
Name(s)
Last Name: Asmar
First: La' shawtrad
Middle: Nicole
Last Name: Pratt
First: Maranda
Middle: Renee
Last Name: Pratt
First: Delamonte
Middle: Quinshawn
Last Name: Coburn
First: David
Middle: Earl
Last Name: Crosby
First: Frank
Middle: B
I involvement: Anonymous Complainant
Involvement: Arrested
Age: 19
Address: 3546 Thomas Ave. N.
Hair Color. BLK
Arrest Date Time: 01-14-2012 0010
Involvement: Arrested
Age: 22
Address: 4683 Monroe St. NE.
Eye Color: BRO Hair Color: BLK
Arrest Date Time: 01-14-2012 0010
Involvement: Mentioned
Age: 20
Address: 3226 IRVING AVE N
Hair Color. BLK
Involvement: Mentioned
Age: 28
Address: 2515 Polk St No Apt
Hair Color:
Name: Asmar, La' shawtrad Nicole
Sex: F Race: B
City: Minneapolis
Name: Pratt, Maranda Renee
Sex: F Race:113
City: Columbia Heights
Height: 0 Weight- 0
State: MN Zip: 55412 Country:
Height; 505 Weight: 130
State: MN Zip: 55421 Country:
Name: Pratt, Delamonte Quinshawn
Sex: M Race: B Height: 506 Weight: 183
City: MPLS State: MN Zip: 55412 Country:
Name: Coburn, David Earl
Sex: M Race: Height: 507 Weight: 145
City: MINNEAPOLIS State: MN Zip: 55418 Country:
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Incident Report 12000370 - MN0272000
Involvement: Mentioned
Age: 27
Eye Color: BIRD Hair Color: BLK
Involvement: Resident
Age: 26
Address: 1954 MALVERN ST
ICR: 12000370
I Title: Warrant Arrest
Name: Crosby, Frank B
Sex: M Race: B
Name: Mehrete, Orasa Lee
Sex: F Race: B
City: Lauderdale
Supplemental Report
Height: 0
Page 2 of 2
Weight: 0
Height: 507 Weight: 155
State: MN Zip: 55113 Country:
01-14-2012 19091
Created By: Jeronimo Yanez
On 01 /13/2012 at 2323 hours, Officer Johnson, myself, and Officer Sunde were dispatched to a loud party
complaint at 1954 Malvern St. in Lauderdale, MN. Upon parking several houses away, we could hear loud
music coming from the lower unit at 1954 Malvern St. As we approached the residence we confirmed the
loud music was coming from the lower unit.
I called dispatch to get a telephone number from the RP but they were unable to reach the RP or get a valid
phone number.
We gained entry from a tenant that lives in the above unit. I then pounded on the door and advised the
people inside it was the St. Anthony Police. The tenant opened the door and I advised her of why we were
there. She allowed us inside to speak to them. We Ided all six of the subjects that were inside.
After running warrant checks on all of the subjects, I confirmed with Data that Maranda Renee Pratt
and La'Shawtrad Nicole Asmar OkINININklehad active Misdemeanor Warrants
out or their arrest. We advised the two subjects they were under arrest and that they would be transported to
the Hennepin County Jail.
Reserve Officer Tyler Wakasugi then transported the two females to the Hennepin County Jail.
We advised the homeowner on the noise complaint and told her to keep the music down.
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Incident Report 12002382 - MN0272000
ANTHONYPA
Page 1 of 2
ICR#
12002382 1 AGENCY ORI# MN0272000 I JUVENILE:
Z
Reported: 03-20-2012 0047 First Assigned:2249 First Arrived:2249 Last Cleared:2327
W
Commited Start: 03-19-2012 2249 Commited End: 03-19-2012 2327
Ej
Title: Disturbance How Received: Visual
LL
p
Summary:
Badge No: 133
Observed 2 suspicious occupied vehicles - I could hear yelling and screaming by several
males and females. All parties were uncooperative and it is unknown if an assault took place.
Badge No: 143
All parties were strongly advised and sent.
tJ
Location(s)
Statute: UCR•
Address: 1954 MALVERN ST City: Lauderdale State: MN Zip: 55113 Country: USA
Custom Attributes
V
Officer Assigned: Mangseth, Jon
Badge No: 132
Primary: No
W
2
Officer Assigned: Sunde, Tressa
Badge No: 138
Primary: No
LL
p
Officer Assigned: Johnson, Daniel
Badge No: 133
Primary: No
Officer Assigned: South, Jim
Badge No: 143
Primary: Yes
tJ
MOC: SA9819 Literal: DISTURBANCE/LOUD (fireworks, shots heard, parties, etc)
Statute: UCR•
O
Name(s)
Last Name: Beal
Last Name: Jackson
Last Name: Mack
Last Name: Robinson
Last Name: Williams
U)
W
Q
z
Involvement: Mentioned
Age: 20
Address: 4150 COLFAX AVE N AP
Involvement: Mentioned
Age: 19
Address: 4509 36112 ST #106
Hair Color:
Involvement: Mentioned
Age: 18
Address: 12694 74TH AVE N
Hair Color:
Involvement: Mentioned
Age: 20
Address: 2915 Aldrich Ave N
Phone: (Cell) (612)227-8639
Involvement: Mentioned
Age: 18
Address: 8561 TELFORD LN N
First: Johnita
First: Dashawn
First: Daniel
First: Brandon
First: Michael
Name: Beal, Johnita Valendria
Sex: F Race: W
City: MPLS
Name: Jackson, Dashawn Jermaine
Sex: M Race: B
City: ST LOUIS PARK
Name: Mack, Daniel Jerod
Sex: M Race: B
City: MAPLE GROVE
Name: Robinson, Brandon Breed
Sex: M Race: B
City: Minneapolis
Name: Williams, Michael Tavon
Sex: M Race: B
City: BROOKLYN PARK
Middle., Valendria
Middle: Jermaine
Middle: Jerod
Middle: Breed
Middle: Tavon
Height. 509 Weight: 165
State: MN Zip: 55412 Country:
Height: 509 Weight: 125
State: MN Zip: 55416 Country:
Height: 600 Weight: 180
State: MN Zip: 65369 Country:
Height; 511 Weight: 150
State: MN Zip: 55411 Country:
Height, 611 Weight: 195
State: MN Zip: 55445 Country:
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Incident Report 12002382 - MN0272000
Eye Color: BLK Hair Color:
Involvement: Resident
Age: 26
Address: 1954 MALVERN ST
ICR: 12002382
Title: Disturbance
Name: Mehrete, Orasa Lee
Sex: F Race: B
City: Lauderdale
Supplemental Report
Height: 507
State: MN Zip: 55113
Page 2 of 2
Weight: 155
Country.
03-20-2012 0455'
Created By: Jim South
On 3-19-12 at approximately 2249 hrs, while on routine patrol, Squad 6921 (Officer South) had observed 2
suspicious occupied vehicles near 1954 Malvern St. I positioned my squad so I could observe the activity of
the occupants. I observed all 7 to 8 occupants exit their vehicles and walk to the driveway of 1954 Malvern
St. Once in the driveway a few people from the lower unit of that address came out and an argument began
to take place. I could hear yelling and screaming by several males and females. I notified dispatch of my
location and asked for assistance.
I then drove to the driveway and exited my vehicle. A few people went inside the house and others went to
their vehicles. All parties were uncooperative and it is unknown if an assault took place. All parties were
strongly advised and sent.
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9fwJAand itt ffie Atefta CITY HALL
1891 WALNUT STREET
LAUDERDALE, MN 55113
651-792-7650
FAx 651-631-2066
Allan Giese
Giese Holding, LLC
9551 Marshall Road
Eden Prairie, MN 55347
Dear Mr. Giese,
St. Anthony Police reported an incident involving the lower unit of your rental property at 1954
Malvern Street on March 19. The officer observed an argument break out in front of the
property with the parties involved yelling and screaming at each other. As the parties involved
were uncooperative, I do not know the nature of the argument but this indecent is a violation of
the city's rental housing ordinance.
Please address the violation immediately and continue to monitor the situation and take any steps
necessary to bring the unit within code compliance and prevent further violations. If another
instance occurs within three months, you will be required to submit a written report outlining the
actions taken and proposed to be taken in order to prevent further disorderly use of the premises.
If you have any question about this letter, please call City Hall at 651-792-7650. City staff is
available to answer your questions.
Sincerely,
Kevin Kelly
Deputy City Clerk
Incident Report 12003905 - MN0272000
REPORTST. ANTHONY POLICE DEPARTMENT
INCIDENT
Pagel of 4
ICR# 12003905 1 AGENCY ORI# MN0272000 I JUVENILE:
z
Reported: 05-10-2012 0025 First Assigned:2244 First Arrived:2244 Last Cleared:2351
w
Commited Start: 05-10-2012 2244 Commited End: 05-10-2012 2351
Ej
Title: Assault How Received: Radio
z
Summary:
Officers received a call to an assault. The victim, a 25 year old male, reported he was
assaulted by a male acquaintance. The victim was uncooperative and refused to
cooperate with officers. The victim was transported to the hospital of treatment of his
injuries. A female resident also refused to cooperate with officers.
Location(s)
Address: 1954 Malvern St 1 City: Lauderdale State: MN Zip: 55113 Country: USA
Custom Attributes
Officer Assigned: South, Jim Badge No: 143 Primary: Yes
W
LJ
Officer Assigned: Johnson, Daniel Badge No: 133 Primary: No
U.
U.
p
Officer Assigned: Erdman, Elliot Badge No: 148 Primary: No
0
MOC: A2242 Literal: ASLT 2 -SUBSTANTIAL INJURY-OTHR WEAP-ADLT-ACQ Statute: 609-222 UCR: 04
2
Name(s)
Last Name: Mehrete First: Orasa Middle: Lee
Last Name: Gordon First: Willie Middle: Michael
Last Name: Collins First: Jordan Middle: Damion
w
Involvement: Resident Name: Mehrete, Orase Lee
a
Age: 26 Sex: F Race: B Height: 507 Weight: 155
Z
Address: 1954 MALVERN ST City: Lauderdale State: MN Zip: 55113 Country:
Involvement: Victim Name: Gordon, Willie Michael
Age: 25 Sex: M Race: B Height: 509 Weight: 160
Address: 3538 4th St N City: MPIs State: MN Zip: 55411 Country:
Phone: (Cell) (763)225-7457
Eye Color: BRO Hair Color: BLK Facial Hair: Goatee
Involvement: Mentioned Name: Collins, Jordan Damion
Age: 21 Sex: M Race: B Height: 510 Weight: 175
Address: 1954 MALVERN ST APT City: LAUDERDALE State: MN Zip: 55113 Country:
Hair Color: BLK
Involvement: Owner Name: Wisconsin Auto Title Loans
Address: 1407 Coulee Rd City: Hudson State: WI Zip: 54016 Country:
Involvement: Owner Name: Brothers Sales Inc
Address: 1205 University Ave W City: St. Paul State: MN Zip: 55104 Country:
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Incident Report 12003905 - MN0272000
Page 2 of 4
W
Suspect State: MN
Plate: 2AD201
VIN: 1GKEK13Z44J286293
V
Make: GMC Model: YUK,4DR WAGON
Year: 04
Color: WHT
z
Name(s)
>
Name: Brothers Sales Inc
Suspect Stater MN
Plate: ULN609
VIN: 4A3AA46G1XE083204
Make: MITS Model: GALANT ES,4DR SEDAN
Year: 99
Color: MAR
Name(s)
Owner
Name: Wisconsin Auto Title Loans
V
BarCode: 12-03217 Item Type: Cell Phone
Bin: Shelf 30 Value: ?
W
Description: Brown/Red Boost Mobile Motorola Cell Phone
o_
Location
Address: 1954 Malvern St 1 City: Lauderdale
State: MN
Zip: 55113 Country: USA
Supplemental Report
ICR: 12003905
Title: Assault Report
05-10-2012 090
Created By: Jim Sow
On 05-09-12 at approximately 2244 hrs, Squads 6921 (Officer South) and 6920 (Officer Johnson)
received a call via radio in regards to a party who had come to the door at 1971 Malvern St. ringing
the doorbell and yelling to call 911. The party who was yelling and screaming was described as a
black male with no shirt and appeared to be sweaty.
Upon arrival, I Officer South, located a black male matching the description leaning up against the
side of the house next to the front door. The male was covered with blood and had a severe laceration
and heavy bruising to the right front side of the head. I asked the male what had happened. He stated
a male hit him four times with a 2x4. He said he was struck once in the right side ribs and three times
in the head. I immediately called for SPFD medics.
I asked the male who did this to him. He said he knew the male only as "T" and that he left SB on
Malvern St. in a white Chevy Tahoe and he pointed to 1954 Malvern St. as the place where the assault
occurred.. I was on patrol in the area about an hour earlier and observed the truck in the driveway of
1954 Malvern St. which has become a known problem house to our department. The truck was
bearing a MN critical habitat plate license 2AD201. There was another vehicle there as well, a
maroon Mitsubishi Galant MN license ULN609. I notified Officer Johnson I had observed the vehicle
fleeing SB Malvern prior to my arrival. Officer Johnson checked the area with negative results.
I asked the victim his name and he identified himself as Willie Michael Gordon DOUIM I
asked Gordon if he knew the person who lived at 1954 Malvern and he said he did not. He said he
just came here with a friend who he did not want to name. He said that he got in an argument with
"T" regarding a girl and that is why they fought. He said he did not want to press charges and upon all
attempts to identify the suspect or look further into the situation Gordon was uncooperative and stated
over and over again that he did not want to press charges as it was a "street" thing.
St. Paul Fire Department Medics then arrived on scene and transported Gordon to Regions
Hospital. Their run number was 12305.
1 then went to 1954 Malvern St. with Officers Johnson and Erdman to make contact with the
resident Orasa Meghete. Officers Johnson and Erdman knocked on the door for approximately five
minutes and the resident of the upper unit Jordan Collins would not let them in. Collins would
continue to go up and down the stairs telling the officers that it "wasn't his deal". After yelling and
informing him several times they were finally let in by Meghete. It was determined that Meghete was
telling Collins not to open the door.
We then made contact with Meghete who stated she was the one who called 911. We never
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Incident Report 12003905 - MN0272000
Page 3 of 4
received a call from Meghete but she insisted she called. It was later determined that she had called
911 and was connected to Minneapolis Dispatch who thought she had told them a different address
which their officers determined to be a non valid address. We asked Meghete what had happened.
Meghete stated that there were approximately five to six males who showed up at her house and began
arguing in the front yard. She said she got scared as her 10 year old daughter Jazeah was home with
her. She stated that was when she called 911.
I was able to speak to her daughter who was very scared. I asked her if she could tell me what had
happened. She said she was asleep in her room when she heard a loud bang. She said it woke her up
and she could hear two boys arguing. She said she then heard another loud bang and that when she
went out into the living room she saw two boys fighting. She said she got scared and ran upstairs to
the neighbors apartment. While I was speaking with the girl her mother kept yelling at her to get
downstairs.
Officer Johnson informed me that when he spoke to Minneapolis dispatch they told him that the
caller, Meghete, had told them that she wanted to have, Willie, the victim, removed. When we asked
Meghete who the men were that were there she said she only knew one of them. She said the driver
of the white Tahoe was "Alonzo". She said this is the only way she knew him and did not know his
last name. She also said she had his phone number but did not want to share it with us.
Meghete was very uncooperative during the entire process. She was intoxicated and was yelling
and screaming at us claiming that she was the victim, we believe Meghete knows a lot more than the
information which was given. Meghete would not allow us into her house to see if there was anyone
else in the house.
Meghete was very upset that it took us so long to get there after she had called 911. We explained
to her the process of a 911 call when you make it from a cell phone and advised her that she needs to
specify where she is and what county she needs to speak to.
I then spoke with the RP, . I asked 11111M what he
saw. 4ENIMM stated that he was startled when his doorbell started ringing and he heard a mae
yelling and pounding on his door asking for someone to call police. He said he looked outside and
Saw the male with no shirt on and immediately called 911. VIN11Wtated he has observed people
,owing and going from the area at all hours of the night for a few months now and says the house
appears to becoming a problem. The house had blood all over it and I advised him he was free to
Nash it off as we did not need to keep it there for any reason. Due to the fact that we have limited
;uspect information at this time and all parties involved were uncooperative this report is being
.orwarded to investigations.
Officers searched the area for the weapon used in the assault and were unable to locate a 2x4 in the
area. We did locate a damaged brown and red Boost Mobile Motorola Cell phone on the ground in
he driveway. I was able to retireve the number which is 763-225-7074. The phone has been pzoperty
nventoried.
Supplemental Report
ICR: 12003905
Title: Informational
05-10-2012 1448
Created By: Tim Briski
On 5/10/12 I (Briski) ran the white Tahoe MN Lie 2AD201. It registered to a w/m in his 50's from
Lakeville. It was flagged hold for resale listing Brothers Sales Inc in St Paul. I looked up a phone
number for Brothers of 651 641-1516. I called and found that MN Lie 2AD201 was sold to Nakeisha
Lynn Barnett on 4/27/12. Nakeisha's address is 1414 Plymouth Ave N #108 Mpls,MN
55411. I obtained her phone number as 612 747-5103.
On 5/10/12 Capt Cotroneo and I went to 1414 Plymouth to talk to Nakeisha to see who was driving
her truck last night. An adult female babysitter answered the door. She said Nakeisha was at work.
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Incident Report 12003905 - MN0272000
Page 4 of 4
She did not know where she works or have a way to contact her. She confirmed that she does still
own a white Tahoe.
I left my business card and requested she have Nakeisha contact me or someone in investigations.
Supplemental Report
ICR: 12003905
Title: Information
05-18-2012 0622
Created By: Elliot Erdman;
On 05/17/12 at 2231 Hrs, I (Erdman) was conducting routine patrol activities in the City
of Lauderdale. At that time, I observed a white GMC Yukon (MN#2AD201) in the driveway of 1954
Malvern St. The vehicle matched the description of one of the suspect vehicles.
As I drove closer to the residence, I observed a BM, approximately 6'2" -6'4" , 220 Lbs, wearing a
blue shirt and dark colored shorts. The male had locked the vehicle and walked in to the open
overhead garage at 1954 Malvern St. The female resident, Orasa Mehrete was standing next to the
male.
I stopped my squad car in front of the residence and exited my squad car. I asked the male to come
over and speak with me. The male ignored my request, shut the over bead garage door, and went in to
the residence at 1954 Malvern. Moments later, I observed the lights inside the residence to be turned
off. Clear /report. Information forwarded to investigations.
Supplemental Report
ICR: 12003905
Title: Medical
05-22-2012 1417
Created By: Tim Briski
As of 5/22/12 I have not heard back from the victim in this case. The R/O of the suspect vehicle has
not provided info on who had her truck. I am closing this case.
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May 10, 2012
Allan Giese
Giese Rice Creek, LLC
9551 Marshall Road
Eden Prairie, MN 55347
Dear Mr. Giese,
CITY OF LAUDERDALE
LAUDERDALE CITY HALL
1891 WALNUT STREET
LAUDERDALE, MN 55113
651-792-7650
651-631-2066 FAx
As we discussed by phone this morning, there was a serious assault at 1954 Malvern last
night (lower unit). This disorderly use of the property is in violation of the Rental
Housing License Provisions.
Consider this your second violation notice per city code Title 9, Chapter 11. Per
ordinance, you have 5 days to file a written report detailing the actions you plan to take to
prevent further violations. I know from our discussion this morning that you plan to evict
the tenants; I will need to receive this in writing. Failure to file the report or maintain
compliance will result in a third violation notice. As you know, a third violation will lead
to the denial, revocation, or suspension of your rental housing license.
The police report I email to you this morning follows. If you have any question about
this letter, please call me at 651-792-7657.
Sincerely,
Heather Butkowski
City Administrator
Heather Butkowski
From: Heather Butkowski
Sent: Thursday, May 17, 2012 8:02 AM
To: 'Allan Giese'
Subject: RE: Problem Property Report - 1954 Malvern
Thank you, -Allan. I will share this with the City Council.
From: al lanCa@g4investments.netjmailto:aIlan C&g4investments.netl On Behalf Of Allan Giese
Sent: Wednesday, May 16,, 2012 5:00 PM
To: Heather Butkowski
Subject: Problem Property Report - 1954 Malvern
Hi Heather,
05116/2012 Management Plan for Giese Rice Creek, LLC & Allan Giese
Address: 1954 Malvern St, Unit I
Immediate action for current tenants:
• The tenant has been given a final warning and has signed a drug free/crime free rider. At this time, an
eviction would result in a permanent loss of the tenant's Section 8 voucher. As an alternative, we have
advised the tenant to seek another property to rent immediately. We will let her out of her lease early
without penalty, and she will not loose her housing voucher.
Upon termination or expiration of current tenant's lease Giese Rice Creek, LLC will be
taking the following actions to prevent further disorderly conduct on the premises:
Screening -
• Allan Giese will be personally meeting and interviewing all potential tenants.
• If a tenant has interest in renting the property they will be required to fill out an application for rental
which includes person's names and ages that will be residing in the residence, place of employment, past
place of residence, past landlord name and numbers, and references. Any applicant over the age of 16
will give consent for criminal background check, rental reference check, and unlawful detainer check.
We have hired a screening company (Rental Research Services) to do a background check on all
potential renters. There background checks include credit check, eviction check, criminal background
check, personal references, work references, and past rental references for the past 5 years. The
applicant will be charged a fee of $35.00 to coincide with the fee of the screening agency
Acceptance -
• We will not accept renters with any applicant with felony charges or Unlawful Detainers.
• All occupants over the age of 16 must be listed on the lease. No additional people shall live there,
including visiting family, baby-sitters, & guests. Any additional occupants may be cause for lease
termination
• Any applicant providing false or incomplete information will be rejected
Lease Provisions -
• Rental License holder will employ a month to month lease unless otherwise required by Section 8 or
other government housing agency.
• Rental License holder will use the Crime Free Lease Addendum. Crime Free Lease Addendum will be
signed by all new and existing tenants. Existing tenants who decline to sign the addendum will be
required to sign when their lease is renewed.
Monitoring -
• Landlord or his/her agent will conduct an inspection walk through of the unit with new tenants prior to
their possession of the unit. Landlord will document the condition of the unit through photographs and
have the new tenant sign off on the unit's condition
• Landlord or his/her agent will inspect all newly rented units within seven days of the move -in date.
Thereafter, complete on-site inspections will be conducted at least once every three (3) months during
the first year of tenancy.
• Landlord or agent will drive-by the property weekly and stop -in at least once monthly. Landlord will
continue to build an ongoing relationship with the neighbors to be notified in case of problems or
concerns. Landlord will note and address any potential violations of the City Housing Code of
Ordinances.
• Landlord, through these monitoring techniques, will keep close watch over the property and be alert to
violations of the Rules of Conduct and/or other activities that threaten the status of the rental license.
Landlord will take appropriate steps to prevent potential violations and abate definitive violation.
Sanctions —
Any violation by the tenants, family members, or their guests, of the Crime Free Lease Addendum will
result in the tenant's eviction.
Residents shall be responsible for the conduct of their guests and family members. Residents are liable
for all violations of their lease or Rules of Conduct and damage caused by their guests, family members,
dependents or themselves. Any lease violation will result in eviction and/or other remedies deemed
appropriate. Landlord will provide written warning to tenants of any lease or conduct violations not
resulting in immediate evictions.
Education & Community Involvement —
Rental License Holder shall provide the publication "Landlords and Tenants Right and Responsibilities"
to all current and future tenants. This publication is available free of charge from the Office of the State
of Minnesota Attorney General
Landlord's designated Property Manager (Trilogy Properties) will attend any scheduled block meetings
to address any concerns and/or answer questions.
Allan Giese
612-819-3086
Incident Report 12005202 - MN0272000
Page 1 of 1
ICR#
12005202 1 AGENCY ORI# MN0272000 JUVENILE:
Z
Reported: 06-16-2012 2119 First Assigned:2058 First Anived:2059 Last Cieared:2114
®
Commited Start: Commited End:
V
Title: Disturbance How Received: Radio
z
Summary:
RIP reported two males in a heated argument. Located one male who stated that he left the
area because he did not want to become involved in anything more than what was escalating.
and not return to the residence. Subject did not have any physical signs that he had been
involved in a physical altercation. Assisted/Advised.
Location(s)
Address: 1954 Malvern St City: Lauderdale State: MN Zip: 55113 Country: USA
Custom Attributes
Officer Assigned: Sunde, Tressa Badge No: 138 Primary: No
W
V
Officer Assigned: Yanez, Jeronimo Badge No: 151 Primary: Yes
LL
W
O
®
MOC: SA9819 Literal: DISTURBANCE/LOUD (fireworks, shots heard, parties, etc) Statute: UCR:
2
Name(s)
Last Name: Gresham First: Dion Middle: James
W
Involvement: Anonymous Complainant
ZInvolvement:
Subject Name: Gresham, Dion James
Age: 29 Sex: M Race: B Height: 603 Weight: 170
Address: 4557 MADISON ST NE A City: COLUMBIA HEIGHT State: MN Zip: 55421 Country:
Hair Color.
Supplemental Report
ICR: 12005202 06-16-2012 2126
Title: Disturbance Created By: Jeronimo Yanez
On 06/16/12 at 2058 hours, Officer Sunde and myself (Officer Yanez) were dispatched to the area of 1954
Malvern St, for males arguing. Upon arrival, I encountered Dion James Gresham walking SB on Malvern St.
from the area. I approached Gresham and simply asked him what was going on. Gresham appeared to be
agitated in his demeanor and the way he answered my question. I then asked him what was going on and he
stated that he was involved in a heated argument with his cousin. Gresham stated that he then left the area
because he did not want to become involved in anything more than what was escalating. Gresham then stated
that his cousin left the residence in an unknown vehicle in an unknown direction. Gresham then advised me
that he was going to get picked up by another friend and not return to the residence.
Gresham did not have any physical signs that he had been involved in a physical altercation.
Gresham was very argumentative and would not cooperate with our investigation. We then cleared from
the call.
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Incident Report 12005442 - MN0272000
14M, - r
Pagel of 2
ICR#
12005442 AGENCY ORI# MN0272000 JUVENILE:
Z
Reported: 06-24-2012 0100 First Assigned:0100 First Arrived:0102 Last Cleared:0122
W
Commited Start: 06-24-2012 0100 Commited End:
V
Title: Disturbance/Noise Complaint How Received: Radio
Summary:
RP reported someone banging on their door and front window. Located upstairs
resident - assisted/advised.
Location(s)
Address: 1954 MALVERN ST City: Lauderdale State: MN Zip: 55113 Country: USA
Custom Attributes
Officer Assigned: Sunde, Tressa Badge No: 138 Primary: No
W
v
Officer Assigned: Lebens, Mark Badge No: 123 Primary: Yes
LL
u -
O
0
MOC: SA9819 Literal: DISTURBANCE/LOUD (fireworks, shots heard, parties, etc) Statute: UCR:
Z
Name(s)
Last Name: Glauvitz First: Jody Middle: Lee
W
involvement: Suspect Name: Glauvitz, Jody Lee
Age: 40 Sex: F Race: W Height: 503 Weight: 160
Z
Address: 1954 Malvern St. City: Lauderdale State: MN Zip: 55113 Country:
Phone: (Home) (651)503-3092 Phone: (Cell) (763)647-9237
Hair Color: BRO
Supplemental Report
ICR: 12005442
Title: Dispute
06-24-2012 0305
Created By: Mark Lebens
SQUADS WERE DISPATCHED FOR A PERSON BANGING ON THE DOOR AND FRONT
WINDOW, LOCATED RESIDENT OF UPSTAIRS APARTMENT TRYING TO CONTACT
LOWER LEVEL OCCUPANT BECAUSE SHE HAD LOST HER KEYS AND BELIEVED OTHER
PARTY HAD THEM, GLAUVITZ WAS INTOXICATED AND ADVISED TO LOOK FOR HER
KEYS WHEN SHE WOKE UP TOMORROW. SHE AGREED TO DO SO.
Supplemental Report
ICR: 12005442
Title: Dispute
07-19-2012 0439
Created By: Tressa Sunde
Squads were called to 1954 Malvern for a report of a female banging on the door of apartment #1 and
yelling and screaming.
Upon arrival, I observed a female who is known to me as Jody Glauvitz standing in the front yard in
her pajamas. She was extremely intoxicated and was yelling at the front of the house for them to open
the door.
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Incident Report 12005442 - MN0272000
Page 2 of 2
I approached Glauvitz and advised her we had been called because she was being loud. Glauvitz
advised she had been in the downstairs apartment earlier drinking and partying with them. She stated
when she got back to her apartment, she noticed her keys were missing. Glauvitz stated she wanted
her keys back but they would not open the door.
I advised Glauvitz to go to bed and discuss the issue with the neighbor when she was sober. Glauvitz
stated she understood, but was not happy about it.
It should be noted that I have seen Glauvitz intoxicated on numerous occasion, however this was
possibly the worst I had seen her. She was yelling and screaming one minute and then sobbing crying
the next. It should also be noted that Ramsey detox was full and Glauvitz parents were out of town so
I could not contact them to check on her.
We cleared the call and advised her that if we were called back, she would be taken to jail for
disorderly conduct, she agreed to go to bed.
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July 16, 2012
Allan Giese
Giese Rice Creek, LLC
9551 Marshall Road
Eden Prairie, MN 55347
Dear Mr. Giese,
CITY OF LAUDERDALE
LAUDERDALE CITY HALL
1 891 WALNUT STREET
LAUDERDALE, MN 55113
651-792-7650
651-631-2066 FAx
On June 24, the police responded to a disturbance call at 1954 Malvern Street. One of
the tenants was intoxicated and created a disturbance in the front yard. St. Anthony
Police resolved the situation. You should also be aware of a call on June 16 in which St.
Anthony Police responded to another disturbance call. The two deputing parties
voluntarily parted prior to the police's arrival.
As you are aware, your property has had two violation notices since March 19. The June
24 call was just outside the window of qualifying as a third violation so consider this a
second violation notice within three months per city code Title 9, Chapter 11. The May
10 assault is the other call.
Per ordinance, you have 5 days to file a written report detailing the actions you plan to
take to prevent further violations. Failure to file the report or maintain compliance
(through August 10) will result in a third violation notice. As you know, a third violation
will lead to the denial, revocation, or suspension of your rental housing license. That
determination is made by the City Council.
A copy of the police report is attached. If you have any question about this letter, please
call me at 651-792-7657.
Sincerely,
Heather Butkowski
City Administrator
July 20, 2012
City of Lauderdale
Attn: Heather Butkowski
1891 Walnut St
Lauderdale, MN 55113
RE: 1954 Malvern St
Heather,
Thank you for sending a copy of the police report for the disturbance at my property. I have sent a
written Final Notice to both tenants that any further complaints will result in immediate eviction. They
have agreed to work out any arguments in a calm and civil manner, before it escalates. Both tenants
want to remain in the property, and will work hard to get along.
Let me know what other actions I can take to remain in compliance with city code.
Sincerely,
Allan Gi
612-81�
Incident Report 12006091 - MN0272000
WOW
Page 1 of 3
ICR# 12006091 AGENCY ORI# MN0272000 JUVENILE:
Z
Reported: 07-15-2012 0047 First Assigned:0025 First Arrived:0025 Last Cleared:0110
®
Commited Start: 07-15-2012 0025 Commited End: 07-15-2012 0110
[j
Title: Disturbance/Noise Complaint How Received: Radio
z
Summary:
RP reported loud music at neighbors and there is a 10 year old child living there.
Arrested a 27 year old female for public nuisance. The citation will be mail to her. I am
requesting investigations to forward the report to Ramsey County Child Protection.
Location(s)
Address: 1954 Malvern St 1 City: Lauderdale State: MN Zip: 55113 Country: USA
0)
Officer Assigned: South, Jim Badge No: 143 Primary: Yes
W
v
Officer Assigned: Sunde, Tressa Badge No: 138 Primary: No
LL
U.
O
OC:N3070 Literal: DISTURB PEACE -MS -PUBLIC NUISANCE Statute: 609-74 UCR: 24
TM
me{s)
Last Name: Mehrete First: Orasa Middle: Lee
W
Involvement: Anonymous Complainant
W
�� -
zInvolvement:
Arrested Name: Mehrete, Orasa Lee
Age: 27 Sex: F Race: B Height: 500 Weight: 185
Address: 1954 Malvern St 1 City: Lauderdale State: MN Zip: 55113 Country:
Arrest Date Time: 07-15-2012 0025
W
CITATION State: MN Plate: VIN:
V
Make: Model: Year: Color:
W
# 622000501615 Dtltm: 07-15-2012 Officer: Jim South 143
Z
O
Description:
Public Nuisance/Pease & Safety -LDL
v
Summary:
squads responded to call of loud music at this address. Upon arrival music
could be heard 3 houses away. Squads tried to make contact with resident but
because of the volume of the music resident could not hear squads knocking or
ringing the door bell. Squads had to knock on window and be seen to get a
response. Prior disturbances at this address some involving music. Citation
mailed due to resident being uncooperative and not answering door.
Notes:
squads responded to call of loud music at this address. Upon arrival music could be
heard 3 houses away. Squads tried to make contact with resident but because of the
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Page 2 of 3
volume of the music resident could not hear squads knocking or ringing the door bell.
Squads had to knock on window and be seen to get a response. Prior disturbances at
this address some involving music. Citation mailed due to resident being uncooperative
and not answering door.
Last Name: Mehrete First: Orasa Middle: Lee
Address: 1954 Malvern St 1 City: Lauderdale State: MN Zip: 55113 Country:
Offense(s)
Offense: Public Nuisance/Pease & Safety -LDL (4.6.14) Public Nuisance/Pease & Safety -LDL
Locations(s)
Address: 1954 Malvern St 1 City: Lauderdale State: MN Zip: 55113 Country: USA
Vehicle(s)
State: MN Plate: VIN:
Make: Model: Year: Color:
Court Dt1tm: -- Court Location: Ramsey Criminal Downtown
w Offense: Public Nuisance/Pease & Safety -LDL (4.6.14) Public Nuisance/Pease & Safety -LDL
z
UJ
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u-
0
Supplemental Report
ICR: 12006091
Title: Noise Complaint/Criminal Arrest
07-16-2012 0137
Created By: Jim South
On 7-15-12 at approximately 0025 hrs, Squads 6921 (Officer South) and 6920 (Officer Sunde)
received a call via radio from an anonymous caller in regards to loud music corning from the
residence at 1954 Malvern St.
Upon arrival squads could hear music coming from the lower level of the duplex approximately
three houses away. We then approached the front door and were having a hard time communicating
between each other due to the volume of the music coming from inside unit #1 at 1954 Malvern St.
Both Officer Sunde and myself have been to this residence before on noise complaints as well as other
disturbances and are familiar with the resident.
We then knocked on the door and rang the doorbell and received no response. We attempted to
knock and ring the doorbell several times with no luck. I then walked to the front window which had
an air conditioner in it. I looked inside to see if I could get anyone's attention. I observed1male
sitting on a couch on the east wall of the living room, the resident, Orasa Lee Mehrete ,
standing in front of the TV, and another male sitting on the couch on the north wall of the living
room. The male sitting on the couch on the north wall was directly in front of me. I am 6'10" and
have a different vantage point than others. I was able to look down on the table in front of this male
and observed him rolling, in plain view, a marijuana blunt. A small baggy containing a substance
which I am familiar with to be marijuana was on the table in front of him. He had a cut open cigar
(Which appeared to look like a swisher sweet) and was placing marijuana in the tobacco from the
cigar.
I then knocked on the window three separate times before Mehrete came to the window and said,
"Oh Shit". Mehrete then told her friends it was the cops, turned the stereo off and began to give them
orders. Mehrete eventually came to the front door of her residence and stepped out of the residence
closing the door behind her.
We then informed Mehrete that we received a phone call in regards to the volume of the music.
She stated that she did not realize it was that loud. We informed her we could hear the music from
approximately three houses away and had tried to knock on the door and ring the doorbell prior to me
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knocking on the window three times. Mehrete initially was very compliant and stated she was sorry
and that the music would be shut off.
I then told Mehrete I observed a male rolling a marijuana blunt on her coffee table. Mehrete
immediately changed her demeanor and stated she had no idea what I was talking about and that she
did not see anything. It should be noted that while the male was rolling his marijuana blunt Mehrete
was approximately 5 feet from him and looked in his direction several times. I informed her that the
activity had taken place directly in front of me and that she knew what I was talking about.
On previous occurrences we had dealt with Mehrete's 10 year old daughter 11M. I asked her if
her daughter was in the house as I was concerned for her daughter's welfare. Mehrete immediately
got mad and asked why we were asking her so many questions. I told her that we were concerned for
her daughter because there was drug use in the house. She stated that she was going to call her lawyer
and went inside of her residence.
We then waited approximately 15 to 20 minutes and got no response from Mehrete. I then went to
my squad to access records of previous contacts with Mehrete. Checks revealed we have had one
previous loud music call there on 1-14-12 where we arrested 2 of the people in the residence on
warrants. Due to the previous loud party contact as well as the level of noise coming from this
residence tonight I determined it would be appropriate to cite Mehrete for violation of the Public
Nuisance ordinance for disturbance of peace and safety. It should be noted that we have also had calls
on 3-19-12 for a possible fight outside the residence and on 5-10-12 for a 2nd degree assault
stemming from parties at the residence.
I then attempted to make contact with Mehrete and she told me that she was still on the phone with
her attorney and to give her five more minutes. I then allowed five minutes to elapse and she did not
answer the door. I then told her through the door that I would be mailing her a citation for the public
nuisance ordnance violation and went back to my squad.
I was then processing some paperwork in my squad when I observed a vehicle pull in front of the
residence. I observed the door open and watched as Mehrete's daughter emerged from the residence.
Mehrete then followed her out and escorted her to the waiting vehicle. I activated my squad video to
record the fact that Mehrete's daughter was inside the residence while these circumstances were
)ccurring. I am requesting investigations to forward the report to Ramsey County Child Protection.
Mehrete was mailed the citation via US mail.
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August 3, 2012
Allan Giese
Giese Rice Creek, LLC
9551 Marshall Road
Eden Prairie, MN 55347
Dear Mr. Giese,
CITY OF LAUDERDALE
LAUDERDALE CITY HALL
1891 WALNUT STREET
LAUDERDALE, MN 55113
651-792-7650
651-631-2066 FAx
On July 15, the police responded to a disturbance call at your duplex. As you will read in
the report, the music was so loud your tenants could not hear the officers knocking on the
door and ringing the doorbell. An officer also witnessed one of the individuals in the unit
in possession of marijuana. As a result, this letter is your notice of a third violation at
1954 Malvern Street. As you are aware, your property has had two other recent
violations. The first was an assault on May 10. The other was a disturbance on June 24.
As I have referenced in previous letters, a third violation may lead to the denial,
revocation, or suspension of your rental housing license. If your license is revoked or
suspended, you will not be able to rent the units on a permanent or temporary basis. That
determination will be made at a hearing during a meeting of the Lauderdale City Council
on Thursday, August 16, 2012. The meeting will begin at 6:00 p.m. in the Council
Chambers at Lauderdale City Hall. You will have an opportunity to address the City
Council before they make a decision with regard to your license. Please bring any
evidence you would like the Council to consider to the meeting. If you would like
materials included in the Council Packet that is distributed prior to the meeting, please
have it at City Hall by 12:00 p.m. on Monday, August 13.
Copies of the three police report are attached. If you have any question about this letter
or the hearing process, please call me at 651-792-7657.
Sincerely,
Heather Butkowski
City Administrator
CHAPTER 11
RENTAL HOUSING LICENSE PROVISIONS
9-11-1
PURPOSE
9-11-2
APPLICABILITY; SCOPE
9-11-3
ADOPTION OF PROPERTY MAINTENANCE CODE
9-11-4
DEFINITIONS
9-11-5
ENFORCEMENT OFFICER
9-11-6
RESPONSIBILITY OF OWNER (LANDLORD)
9-11-7
RESPONSIBILITY OF OCCUPANT (RENTER)
9-11-8
GENERAL LICENSING PROVISIONS
9-11-9
INSPECTIONS
9-11-10
CONDUCT ON LICENSED PREMISES
9-11-11
CONDITION OF LICENSED PREMISES
9-11-12
HEARING PROCEDURE
9-11-13
MISDEMEANOR
9-11-1 PURPOSE.
It is the purpose of this Chapter to protect the public health, safety and welfare of the
community at large and the residents of rental dwellings in the City of Lauderdale and to
ensure that rental housing in the city is decent, safe and sanitary and is so operated and
maintained as not to become a nuisance to the neighborhood or to become an influence that
fosters blight and deterioration or creates a disincentive to reinvestment in the community.
The operation of rental residential properties is a business enterprise that entails certain
responsibilities. Owners and operators are responsible to take such reasonable steps as are
necessary to ensure that the citizens of the city who occupy such units may pursue the
quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and
sanitary; free from noise, nuisances or annoyances; and free from unreasonable fears about
safety of persons and security of property.
9-11-2 APPLICABILITY; SCOPE.
This Chapter applies to all rental dwellings in the City, including any accessory structures
on the premises upon which the rental dwelling is located, such as garages and storage
buildings and appurtenances, such as sidewalks and retaining walls: This Chapter does not
apply to on -campus college or university housing units; Minnesota Department of Health
licensed rest homes; convalescent care facilities; licensed group homes; nursing homes;
hotels; motels; owner -occupied units; or condominium units as defined and governed by
Minnesota Statutes Chapters 515, 515A, and 515B.
294256v1 MDT LAI 35-3 - I -
9-11-3 ADOPTION OF PROPERTY MAINTENANCE CODE.
The International Property Maintenance Code, 2003 edition, as published by the
International Code Council, is adopted by reference in its entirety, except as modified or
amended in this Code. Nothing in this Chapter or the International Property Maintenance
Code shall be construed to cancel, modify, or set aside any other provision of the City
Code.
9-11-4 DEFINITIONS.
"Building Official" means the building inspector or a designated agent authorized by the
City Council to administer and enforce this Chapter.
"City" means the City of Lauderdale.
"City Administrator" means the City Administrator or the City Administrator's designated
agent.
"Multiple Family Dwelling" means a rental dwelling containing three (3) or more units.
"Occupant" means any person living or sleeping in a rental dwelling unit, or having
possession of a space within a rental dwelling unit.
"Owner" means, with respect to all matters involving the making of applications and the
giving of notices, the individuals or entities holding legal and equitable title to the
premises, or the legally constituted agent designated by the owner for such purposes.
"Premises" means a lot, plot, or parcel of land including the building or structures thereon.
"Rental Dwelling" means a building or premises, or portion thereof, used or intended to be
used for residential rental purposes.
"Resident Agent" means any person who has charge, care or control of a rental dwelling.
"Unit" means a single unit within a rental dwelling providing complete, independent living
facilities for one or more persons including permanent provisions for living, sleeping,
eating, cooking and sanitation.
9-I1-5 ENFORCEMENT OFFICER.
The City Building Official is authorized and directed to enforce all provisions of this
Chapter, subject to review by the City Council.
294256v1 MDT LA135-3 _ 2 _
9-11-6 RESPONSIBILITY OF OWNER (LANDLORD).
A. Owner Responsible. Every owner of a rental dwelling is responsible for
violations of duties and obligations imposed by this Chapter even if the duty
or obligation is also imposed on the occupant(s) of the rental dwelling, or
even if the owner, by agreement, has imposed on the occupant(s) the duty of
making sure that the rental dwelling complies with the requirements of this
Chapter, applicable provisions of the City Code and the International
Property Maintenance Code.
B. Cleanliness. Every owner of a rental dwelling is responsible for keeping
that part of the premises which he or she occupies or controls in a clean,
sanitary and safe condition in conformance with this Chapter, applicable
provisions of the City Code and the International Property Maintenance
Code, including any shared or common areas in a multiple family dwelling.
C. Obtain License. The owner or resident agent must obtain a license and pay
all license fees as required by this Chapter before the rental dwelling may
be rented.
9-11-7 RESPONSIBILITY OF OCCUPANT (RENTER).
A. Access By Owner. Every occupant of a rental dwelling shall give the owner
or resident agent access to his or her unit, and that part of the premises
which he or she occupies or controls, at reasonable times for the purpose of
inspections and maintenance, and making necessary repairs or alterations on
the premises.
B. Cleanliness. Every occupant of a rental dwelling is responsible for keeping
his or her unit, and any part of the premises which he or she occupies or
controls, in a clean, sanitary and safe condition in conformance with this
Chapter, applicable provisions of the City Code and the International
Property Maintenance Code.
C. Disposal of Rubbish. Every occupant of a rental dwelling shall store and
dispose of all his or her rubbish, garbage and waste in a clean, sanitary and
safe manner. All rubbish, garbage, and waste must be collected by a hauler
who is licensed by the City as required by Section 4-2-11 of this Code.
D. Plumbing Fixtures.
Furnished Fixtures. Every occupant of a rental dwelling shall keep
the supplied plumbing fixtures and facilities within his or her unit in
a clean and sanitary condition and shall exercise reasonable care in
their proper use and operation in accordance with this Chapter,
294256v1 MDT LAI 35-3 - 3 -
applicable provisions of the City Code and the International
Property Maintenance Code.
2. Fixtures Furnished By Occupant. Every plumbing fixture furnished
by the occupant shall be properly installed and maintained in good
working condition, shall be clean and sanitary, and free from
defects, leaks or obstructions in accordance with this Chapter,
applicable provisions of the City Code and the International
Property Maintenance Code.
9-11-8 GENERAL LICENSING PROVISIONS.
A. License Required.
1. It is unlawful to operate a rental dwelling in the City without first
having obtained a license from the City. An owner must obtain a
license for each rental dwelling. If the rental dwelling contains two
or more units, and has a common owner and a common property
identification number, the owner may obtain a single license for the
rental dwelling.
2. There are two types of licenses: Tier I and Tier II. Except as
otherwise provided in this Chapter, both Tier I and Tier H licenses
must comply with all provisions of this Chapter. (Amended, 2-13-
2007)
B. License Application. The owner of a rental dwelling must submit an
application for a license on forms and in the format provided by the City.
The owner must give notice, in writing, to the City within five (5) business
days of any changes to the information contained in the license application.
The application must include:
1. the owner's name, address, and telephone number, owning partners
if a partnership, corporate officers if a corporation;
2. the resident agent's name, address and telephone number;
3. legal address of the rental dwelling;
4. the type and number of units within the rental dwelling; and
5. the type of structure to be licensed (i.e., single-family, duplex,
triplex).
C. License Fees. The owner must pay an annual license fee, the amount of
which will be determined by the City Council. The license fee schedule is
294256v1 MDTLA135-3 _ 4 _
maintained at City Hall. The owner must submit the required fee along
with the application for a new or renewal license. Applications for a
renewal license submitted after the license term expiration are subject to a
penalty fee, which shall be determined from time to time by the City
Council.
D. License Period. The initial license period begins upon the effective date of
this Chapter, and ends on December 31, 2007. Thereafter, the license
period is for one year and runs from January 1 to December 31. The license
must be renewed annually.
E. License Issuance.
1. Preliminary Inspection and Investigation. Prior to issuing a license,
the Building Official will inspect the rental dwelling to determine
compliance with this Chapter, the City Code and the International
Property Maintenance Code. The City Administrator will review
the application for completeness and determine whether all real
estate taxes and municipal utilities are paid and current.
2. Tier I License. If the rental dwelling is in full compliance with
paragraph (1), the City will issue a Tier I license to the owner.
3. Compliance Order. If the rental dwelling is not in full compliance
with paragraph (1), the City will provide the owner or resident agent
with a compliance order pursuant to Section 9-I1-11. If the owner
corrects the items in the compliance order within the specified
period of time, the City will issue a Tier I license to the owner.
4. Tier II Licenses. If the owner does not correct the items in the
compliance order within the specified period of time, the City will
issue a Tier II license to the owner, subject to the following
conditions:
a. The City will issue Tier 11 licenses only to applicants who
are operating a rental dwelling with a tenant residing in the
rental dwelling on the effective date of this Chapter.
(Amended, 2-13-07)
b. The Tier II license holder shall pay the Tier II license fee as
established by the City Council. (Amended, 2-13-07)
C. If the Tier II license holder corrects the violations in the
compliance order(s), the licensee may apply for a Tier I
license after the expiration of the current initial license
period. (Amended, 2-13-07)
294256v I MDT LA 135-3 _ 5 _
11
d. Subject to the limitation in Section 9-11-8(E)(5), if violations
in an outstanding compliance order(s) remain uncorrected, a
Tier II license holder may continue to let a rental dwelling
until end of the owner's existing lease term with the current
tenant. (Amended, 2-13-07)
C. All Tier II licenses expire upon one of the following,
whichever occurs earlier: i) the existing tenant vacates the
rental dwelling; ii) the existing lease term for the rental
dwelling expires; iii) the initial license period expires on
December 31, 2007; or, iv) the Building Official determines
that an unsafe or dangerous condition exists as described in
Section 9-11-8(E)(5). (Amended, 2-13-07)
f. The City will issue no Tier II licenses after December 31,
2007. After that date, all applicants and rental dwellings
must qualify for a Tier I license from the City. (Amended,
2-13-07)
5. Unsafe or Dangerous Conditions. No owner or resident agent may
operate a rental dwelling, regardless of the type of license issued, if
the Building Official determines that a condition exists in or on the
rental dwelling or premises that is unsafe or poses an imminent
danger to the health or safety of the tenants or the public. Any
person who continues to operate a rental dwelling after such a
determination by the Building Official is subject to suspension or
revocation of the license, criminal prosecution, and any civil
remedies available to the City. (Amended, 2-13-07)
F. Posting of License. The owner shall post a copy of the license in the rental
dwelling in a conspicuous place. In multiple dwelling units requiring a
single license, the license shall be posted in a common area of the building
such as a corridor, hallway or lobby. The posted license shall be framed
and covered with clear glass or plastic.
G. Renewal of License. An owner may continue to rent a dwelling after the
expiration date of the license provided the owner has filed with the City on
or before December 31 st, the appropriate renewal license application and
license fee. The issuance of a license under this Chapter shall be considered
a privilege and not an absolute right of the owner and shall not entitle the
owner to an automatic renewal of the license. Allowing the owner to
continue to rent while the renewal license is being processed does not
obligate the City to automatically renew the license.
294256v MDT LAI 35-3 - ( -
H. Transfer of License. Licenses are not transferable. Any changes in the
ownership of the rental dwelling require a new license.
1. Resident Agent Required. Owners of rental dwellings with five (5) or more
individual units shall appoint a resident agent who shall reside within the
rental dwelling to be responsible for the maintenance and upkeep of the
rental dwelling and common areas and to handle licensing issues with the
City. Owners of rental dwellings containing fewer than five (5) units who
do not reside within the counties of Ramsey, Hennepin, Anoka, Carver,
Dakota, Scott, Washington, Wright, Chisago, Isanti or Sherburne shall
appoint an agent that resides within one of these counties that shall be the
responsible resident agent.
J. Register of Occupancy. The owner or its resident agent shall keep a current
register of occupancy for each rental dwelling. This register of occupancy
may be reviewed by the City at any time. Said register of occupancy shall
contain, at a minimum, the following information:
1. Address(es) of the rental dwelling;
2. Number of bedrooms of each unit;
3. Number of units in each building; and
4. Number of adults and children (under 18) currently occupying each
unit.
9-11-9 INSPECTIONS.
A. Inspections. The City will inspect all rental dwellings periodically to
determine compliance with this Chapter, the City Code and the International
Property Maintenance Code. The City will inspect rental dwellings with
odd -numbered addresses in odd years and rental dwellings with even -
numbered addresses in even year. After each inspection, the City shall
provide the owner or resident agent with a compliance order pursuant to
Section 9-11-11. The owner or resident agent must correct the violations
within the time period specified in the compliance order. If the violations
are not corrected, the City may suspend or revoke the license under Section
9-11-12, unless it is the initial license period, in which case, the license is
valid until the end of the owner's existing lease with the current tenant as
noted in section 9-11-8(E)(4)(e). The City may, however, immediately
suspend or revoke a license if an unsafe or dangerous condition exists as
described in Section 9-11-8(E)(5). (Amended, 2-13-07)
B. Occupant Initiated Inspection. An occupant who believes that his or her
rental dwelling is not in compliance with the provisions of this Chapter,
294256v I MDT LA I35-3 _ 7 _
City Code or the International Housing Maintenance Code may provide
written notice to the owner or resident agent of the rental dwelling
specifying the alleged deficiency. If the owner or resident agent does not
take action to correct the alleged problem, the occupant may contact the
City and request an inspection of the rental dwelling by the Building
Official upon showing proof that the owner or resident agent had been
properly notified and has been given a reasonable time in which to correct
deficiencies. The cost of the inspection shall be paid by the owner if the
City's inspection reveals actual deficiencies as described by the occupant.
9-11-10 CONDUCT ON LICENSED PREMISES.
A. Owner Responsible. It shall be the responsibility of the owner or resident
agent to see that persons occupying the rental dwelling conduct themselves
in such a manner as not to cause the premises to be disorderly. This section
applies to both Tier I and Tier II licenses. For purposes of this section, a
rental dwelling is disorderly at which any of the following activities occur:
Violation of Minnesota Statutes sections 609.755 through 609.76 as
may be amended from time to time, relating to gambling;
2. Violation of laws relating to prostitution or acts relating to
prostitution as defined in Minnesota Statutes section 609.321;
3. Violation of Minnesota Statutes sections 152.01 through 152.027 as
may be amended from time to time, relating to the unlawful sale or
possession of controlled substances;
4. Violation of Minnesota Statutes sections 340A.401 and 340A.503 as
may be amended from time to time, relating to the unlawful
commercial sale and underage consumption of alcoholic beverages;
5. Violation of Minnesota Statutes section 609.33 as may be amended
from time to time, which prohibits owning, leasing, operating,
managing, maintaining or conducting a disorderly house, or inviting
or attempting to invite others to visit or remain in a disorderly
house;
6. Violation of Minnesota Statutes sections 97B.021, 97B.045, 609.66
through 609.67, 624.712 through 624.716, 624.719, 624.731 through
624.732 as may be amended from time to time, relating to the
unlawful possession, transportation, sale or use of weapons;
7. Violation of City Code section 5-2-2 or violation of Minnesota
Statutes section 609.72 as may be amended from time to time,
relating to disorderly conduct;
294256v1 MDT LA135-3 _ g _
8. Violation of City Code section 5-7 relating to recreational fires;
9. Violation of City Code section 5-8 relating to clandestine drug labs;
10. Violation of City Code section 4-1 relating to nuisances; or
11. Violation of City Code section 5-3 relating to animal control.
B. City Enforcement. The City Administrator is responsible for enforcement
and administration of this section.
C. First Violation. Upon determination by the City Administrator that a
licensed premises was used in a disorderly manner, as described in
paragraph (A) of this section, the City Administrator must give notice to the
licensee of the violation and direct the licensee to take steps to prevent
further violations.
D. Second Violation. If another instance of disorderly use of the licensed
premises occurs within three months of an incident for which a notice in
division (C) of this section was given, the City Administrator must notify
the licensee of the violation and must also require the licensee to submit a
written report of the actions taken, and proposed to be taken, by the licensee
to prevent further disorderly use of the premises. This written report must
be submitted to the City Administrator within five days of receipt of the
notice of disorderly use of the premises and must detail all actions taken by
the licensee in response to all notices of disorderly use of the premises
within the preceding three months.
E. Third Violation.
If another instance of disorderly use of the licensed premises occurs
within three months after any two previous instances of disorderly
use for which notices were given to the licensee pursuant to this
section, the rental dwelling license for the premises may be denied,
revoked, suspended or not renewed. An action to deny, revoke,
suspend, or not renew a license under this section must be initiated
by the City Administrator who must give to the licensee written
notice of a hearing before the City Council to consider such denial,
revocation, suspension or non -renewal. Such written notice must
specify all violations of this section, and must state the date, time,
place and purpose of the hearing. The hearing must be held no less
than ten days and no more than 30 days after giving such notice.
2. Following the hearing, the City Council may deny, revoke, suspend
or decline to renew the license for all or any part or parts of the
294256v1 MDTLA135-3 _ 9 _
licensed premises or may grant a license upon such terms and
conditions as it deems necessary to accomplish the purposes of this
section.
F. No Adverse Action Pending Eviction. No adverse license action shall be
imposed where the instance of disorderly use of the licensed premises
occurred during the pendency of eviction proceedings (unlawful detainer) or
within 30 days of notice given by the licensee to a tenant to vacate the
premises where the disorderly use was related to conduct by that tenant or
by other occupants or guests of the tenant's unit. Eviction proceedings are
not a bar to adverse license action, however, unless they are diligently
pursued by the licensee. Further, an action to deny, revoke, suspend, or not
renew a license based upon violations of this section may be postponed or
discontinued at any time if it appears that the licensee has taken appropriate
measures which will prevent further instances of disorderly use.
G. Finding of Disorderly Conduct. A determination that the licensed premises
have been used in a disorderly manner as described in paragraph (A) of this
section shall be made upon a fair preponderance of the evidence to support
such a determination. It is not necessary that criminal charges be brought in
order to support a determination of disorderly use nor does the fact of
dismissal or acquittal of such a criminal charge operate as a bar to adverse
license action under this section.
H. Service of Notices. All notices given by the City under this section must be
personally served on the licensee, sent by certified mail to the licensee's last
known address or, if neither method of service effects notice, by posting on
a conspicuous place on the licensed premises.
I. Enforcement Actions. Enforcement actions provided in this section are not
exclusive, and the City Council may take any action with respect to a
licensee, a tenant, or the licensed premises as is authorized by the city code,
state or federal law.
9-11-11 CONDITION OF LICENSED PREMISES.
A. Compliance Order. Whenever the Building Official determines that the
condition of any rental dwelling or the premises surrounding it fails to meet
the provisions of this Chapter, other applicable City Code provisions or the
International Property Maintenance Code, he or she may issue a compliance
order setting forth the specific violations and ordering the owner to correct
such violations.
B. Contents of the Compliance Order. The compliance order shall:
294256v1 MDTLA135-3 -10-
Be in writing;
2. Describe the location and nature of the violations;
Set forth a reasonable time for the correction of the violations by the
owner or resident agent; and
4. Be served upon the owner and resident agent either personally or by
certified mail. A copy of the compliance order shall also be
provided to the occupants of the rental dwelling.
C. License Action. If the violations listed in the compliance order are not
remedied by the owner or resident agent within the specified time given in
the order, the license for the rental dwelling may be denied, suspended,
revoked, or not renewed by the City. An administrative fine in an amount
set forth from time to time by the City Council by resolution may also be
imposed. If the City decides that it will be denying, suspending, revoking
or not renewing a license or imposing an administrative fine pursuant to this
Section, the City shall send a notice of the proposed action to the owner and
resident agent of the rental dwelling. The proposed action by the City shall
be heard by the City Council pursuant to the procedure set forth in Section
9-11-12 of this Chapter.
D. Appeal. When it is alleged by the owner or resident agent that the
compliance order is based upon the erroneous interpretation of this Chapter,
other applicable City Code provisions or the International Property
Maintenance Code, the owner or resident agent may appeal the compliance
order to the City Council. Such appeal shall be in writing, must specify the
grounds for the appeal, must be accompanied by a filing fee, as set forth by
resolution of the City Council, from time to time, and must be filed with the
City within five (5) business days after service of the compliance order.
The appeal shall be heard by the City Council pursuant to the procedure set
forth in Section 9-11-12 of this Chapter. The filing of the appeal shall stay
all proceedings in furtherance of the action appealed from, unless such a
stay would cause imminent peril to life, health or property.
9-11-12 HEARING PROCEDURE,
A. Scheduling; of Hearing. If the City makes a determination that it will be
denying, suspending, revoking or not renewing a license pursuant to
Sections 9-I1-10 or 9-11-11 of this Chapter, or if the owner or resident
agent is appealing the compliance order pursuant to Section 9-11-11 of this
Chapter, the City Council shall conduct a hearing on the matter. The
hearing shall be scheduled at the next regular City Council meeting
following the date of the notice or receipt of the owner's notice of appeal of
a compliance order.
294256v1 MDT LAI 35-3 - 11 -
B. Hearing. At the hearing, the City Council shall hear all relevant evidence
and arguments and shall review all testimony, documents and other
evidence submitted. The owner or resident agent shall have the opportunity
to address the City Council at the hearing.
C. Findings. After the hearing is concluded, the City Council shall make
findings on whether to uphold the compliance order or to revoke, suspend,
deny or not renew the license or impose an administrative fine. The City
Council shall issue a written decision within thirty (30) days following the
date of the hearing and shall send a copy of its decision to the owner and
resident agent by mail. The decision shall specify the rental dwelling or
units to which it applies.
D. No Occupancy. If a license is revoked, suspended, denied or not renewed
by the City Council, it shall be unlawful for the owner or the resident agent
to thereafter permit the occupancy of the rental dwelling or the unit. A
notice of the action shall be posted by the Building Official on the rental
dwelling or the unit in order to prevent any further occupancy. No person
shall reside in, occupy or cause to be occupied that rental dwelling or unit
until a license is obtained or reinstated by the owner.
E. Appeal. An owner may appeal the decision of the City Council as allowed
under state law.
9-11-13 MISDEMEANOR.
Failure by an owner to comply with a compliance order after the right of appeal has
expired or violation of any of the provisions of this Chapter shall constitute a
misdemeanor. Each day that a violation continues shall be deemed a separate punishable
offense.
Adopted by the city council of the City of Lauderdale the 25th day of July, 2006.
294256v 1 MDT LAI 35-3 - 12 -