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Home My WebLink AboutResolution 9715RESOLUTION 9715 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVOKING THE RENTAL LICENSES FOR 5661 QUINCY STREET, 5671 QUINCY STREET AND 5691 QUINCY STREET WHEREAS, the City of Mounds View, Minnesota (the "City") administers rental dwelling licensing to protect the public health, safety and welfare of the community, including residents of rental dwellings, to ensure that rental housing is decent, safe and sanitary, and to ensure that such housing is 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; and, WHEREAS, the City issued a rental dwelling license pursuant to Mounds View City Code, Chapter 119 (Rental Dwellings) for a multi -family building (one single building, containing four rental units), located at 5661 Quincy Street; and, WHEREAS, the City issued a rental dwelling license pursuant to Mounds View City Code, Chapter 119 (Rental Dwellings) for a multi -family building (one single building, containing four rental units), located at 5671 Quincy Street; and, WHEREAS, the City issued a rental dwelling license pursuant to Mounds View City Code, Chapter 119 (Rental Dwellings) for a multi -family building (one single building, containing four rental units), located at 5691 Quincy Street; and, WHEREAS, the licenses issued for 5661, 5671, and 5691 Quincy Street (together, the "Rental Properties") are in the name of the owner of those properties, Erik Halverson (the "Owner"); and, WHEREAS, since May 2022, City staff has made numerous inspections and re - inspections at the Rental Properties pursuant to its rental licensing program requirements; and, WHEREAS, following all of those inspections and re -inspections, a total of eight corrective notices; five for 5661 Quincy Street, one for 5671 Quincy Street, and two for 5691 Quincy Street, were mailed to the Owner outlining numerous corrective actions to ensure that the Rental Properties are safe and meet City standards; and, WHEREAS, City Code 119.024(B) includes the following: DOCSOPEN\MU210\293\857236. v 1-2/ 17/23 a'? 15 Resolution SM Page 2 of 5 (B) The following minimum standards and conditions shall be met in order to hold a rental dwelling license under this chapter. Failure to comply with any of these standards and conditions shall be adequate grounds for the denial, refusal to renew, revocation or suspension of a rental dwelling license: (3) An owner shall not have any violations, related to building permits, at any rental dwelling which it owns or has an ownership interest; (4) Failure to complete required corrections to maintain the property in compliance with the city code and the applicable requirements of state statutes; and WHEREAS, due to the Owner's failure to comply with City Code § 119.024(B)(3) and (4), to correct deficiencies noted in the numerous notices of violation within the times specified in the notices, the City provided notice and an opportunity to be heard to the Owner, conducted such a rental license revocation hearing on February 27, 2023, and considered whether to take any action on the licenses previously issued to the Owner for the Rental Properties; and, WHEREAS, following such revocation hearing, the Council hereby finds and determines as follows: a. The Rental Properties remain in noncompliance with the following corrective actions ordered for the properties: 5661 Quincy Street i. The City issued to the Owner a rental dwelling license for 5661 Quincy Street that is set to expire on December 31, 2023. ii. On May 4, 2022, the City conducted a fire and housing inspection of units 1, 2, 3, and common areas, finding numerous code violations in Units, 1, 2, 3, and common areas, including plumbing, electrical, and fire safety. The City issued corrective orders to repair by June 9, 2022. iii. On December 6, 2022, in response to a complaint, the City inspected Unit 3, finding low/no heat, declaring Unit 3 unfit for human occupancy, and ordering it to be vacated by December 15, 2022 (Violation Notice RD2022-00007). iv. On December 15, 2022, in response to a notice from Xcel Energy that Xcel would not restart the boiler for Unit 3 due to unsafe conditions (boiler), the City issued corrective order for a licensed contractor to inspect and repair the boiler (Violation Notice SI2022-00096). v. On January 3, 2023, in response to a notice from Xeel Energy that Xcel would not restart the boiler for Unit 3 due to unsafe conditions (boiler), and that improper repairs were made to the boiler for Unit 2, the City issued corrective orders for a DOCSOP EN\M U210\293\857236.v 1-2/ 17/23 9-7t.5 Resolution 94M Page 3 of 5 licensed contractor to inspect and repair the boilers, and that failure to comply with correction orders will be considered by the City Council for revocation of the rental dwelling license(s) due to extensive history of problems, neglect, and non- compliance. (Violation Notice SI2022-00096). vi. On January 5, 2023, in response to a re -inspection of the boiler for Unit 3, the City declared Unit 3 unfit for human occupancy, ordering Unit 3 to be vacated by January 19, 2023 (Violation Notice RD2022-00007). 5671 Quincy Street i. The City issued to the Owner a rental dwelling license for 5671 Quincy Street that is set to expire on December 31, 2023. ii. On May 9, 2022, the City conducted a fire and housing inspection of units 1, 2, 3, 4, and common areas, finding numerous code violations in Unit 1, 2, and common areas, including electrical, fire safety, maintenance, and structural. The City issued corrective orders to repair by June 9, 2022. 5691 Quincy Street i. The City issued to the Owner a rental dwelling license for 5691 Quincy Street that is set to expire on December 31, 2023. ii. On October 19, 2022, the City issued a Summary Abatement Notice to board up and secure the vacant building by October 24, 2022. iii. On March 28, 2022, in response to a complaint of no heat, the City inspected 5691 Quincy Street, finding no working heat, and declaring the structure unfit for human occupancy. The property was condemned, and to be vacated by March 31, 2022, unless corrective action taken (Violation Notice NC2022-00006). b. The Owner has been provided adequate notice of the revocation hearing held by the City Council on February 27, 2023 regarding the recommended revocation of the rental licenses for failure to adequately address the required corrective actions listed in the notices and numerous other issues related to the Rental Properties; c. The Owner [did] appear at the February 27, 2023 hearing and [did] address the City's concerns. d. The Owner [did not] submit anything in writing to the City for the hearing. e. Adverse action regarding the licenses is appropriate as the Owner has violated the Rental Licensing Ordinance on numerous occasions by failing to address numerous corrective actions within the time specified in said notices. DOCSOPEN\MU210\293\857236. v 1-2/ 17/23 9 `i 1 % Resolution 9 0- Page 4 of 5 f. When considering such a decision, Chapter 119.004(B)(5) of the Rental Licensing Ordinance requires the Council to "give due regard to the frequency and seriousness of violations, the ease with which such violations could have been remedied or avoided, and good faith efforts to comply." g. Given the frequency and seriousness of violations, the ease with which such violations could have been remedied or avoided, and the lack of the Owner's good faith efforts to comply with correction notices, the Council determines it is appropriate to exercise its authority under Chapter 119 of the Code to revoke the rental licenses for each of the Rental Properties. The decision to revoke is not taken lightly, and for the reasons outlined above, such a decision is more than justified under these circumstances. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, as follows: Effective immediately, the rental dwelling license issued for the property located at 5661 Quincy Street (#2023-00277), which was set to expire on December 31, 2023, is hereby REVOKED. The revocation for said license apples to all parts and units of 5661 Quincy Street. 2. Effective immediately, the rental dwelling license issued for the property located at 5671 Quincy Street (#2023-00278), which was set to expire on December 31, 2023, is hereby REVOKED. The revocation for said license apples to all parts and units of 5671 Quincy Street. 3. Effective immediately, the rental dwelling license issued for the property located at 5691 Quincy Street (#2023-00279), which was set to expire on December 31, 2023, is hereby REVOKED. The revocation for said license apples to all parts and units of 5691 Quincy Street. 4. The owner shall not be entailed to obtain new rental dwelling licenses for the subject properties unless and until all required corrective actions are duly made in accordance with the requests of City staff, and as otherwise required by the Rental Licensing Ordinance. 5. The City Council directs City staff and the City Attorney to take all actions to enforce this resolution and its results, including, but not necessarily limited to, City Code, § 119.020 which states; "No person shall allow to be occupied or let to another for occupancy any rental dwelling unit unless the owner has first obtained a rental dwelling license." Without a rental dwelling license, none of the dwelling units may be occupied. City Staff and the City Attorney shall remain aware of any state orders that might prevent or limit the enforcement of this order and to the extent deemed advisable by the City Attorney. 6. The City Council will not issue a Rental License to Erik Halverson, for any property in Mounds View. DOCSOPEN\M U210\293\857236. v 1-2/ 17/23 01-7)5 Resolution 96M Page 5 of 5 Dated February 27, 2023. ATTEST: SEAL - a, Al Hull, Mayor Ny Zik/. nd, City Administrator DOCSOPEN\M U210\293\857236.v 1-2/ 17/23