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Item No: 08B Meeting Date: Sep 27, 2021 Type of Business: Council Business City Administrator Review: of Mounds View Staff R To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: Request to Appeal Rental License Re -Inspection Fees for properties located at 5661, 5671, and 5691 Quincy Street Introduction: Erik Halvorson owns three apartment buildings located at 5661, 5671, and 5691 Quincy Street. Between October 2020 and June 2021, the properties failed various inspections, and were re- inspected. A $63.25 re -inspection fee' was charged per inspection for eight re -inspections ($506 total). This fee is established through the 2021 Fee Schedule, consistent with MN Statute §326B.153(c)(2); "other inspections and fees". The City Code does not establish a process to appeal fees. It is a question if the City wrongfully charged these fees. Notice of fees were mailed on June 1, 2021 (no due date was provided). Unpaid fees are assessed to the property taxes. Mr. Halvorson submitted an Appeal on September 7, 2021, and reasoning for the appeal on September 22, 2021 (attached). Discussion: The three properties were inspected 16 times between October 19, 2020 and June 1, 2021. Numerous code violations were found, ranging from torn carpeting, clogged gutters, and missing light bulbs, to leaky plumbing fixtures, broken windows, and exposed electrical wiring. Corrections were made, and the cases closed (December 2020, May & June, 2021). Generally, Rental License holders are charged re -inspection fees at the time an inspection passes and the violation case is closed. In this case, because there is common ownership and some cases were on -going, Staff waited until all three cases were closed before notifying the owner of the charges, June 1, 2021. Re -inspection fees are applicable after the second inspection. Mr. Halvorson's appeal (primary points extracted from September 22, 2021 letter); 1. "Things were added to my list of corrections that were not on the initial inspection." Staff's response: Correct. When new violations are found during a re -inspection, new corrective orders are added to any list of incomplete corrective orders. 2. "My properties weren't even due for an inspection. Wasn't given proper notice." Staff's response: Housing Inspections occur every three years. Fire Inspections of common areas occur annually. Housing Inspections for the three buildings were pre -scheduled for mid -October, 2020. On October 6, 2020, the City received tenant complaints from 5661 Quincy Street (no heat) and 5671 Quincy Street (multiple items). Staff inspected October 6th, finding the boilers to be inoperable in the 5661 building, and 31 deficiencies in the 5671 building. Staff then performed a full Housing and Fire inspection of all three buildings. Mr. Halvorson was notified on October 6th, after the inspections. 3. "Most of the issue were tenant related and how they live in their apt. " Staff's response: The Rental License holder is responsible for the upkeep of their property. 2021 Fee Schedule; I Building/Community Development Related Fees (Building Permit Reinspection; $63.25 per Stat Statute 326B.153)